Colorado § 19-4-112 - Genetic or other tests - administrative subpoena to compel genetic testing.

§ 19-4-112. Genetic or other tests - administrative subpoena to compel genetic testing.

(1) Upon motion of the court or any of the interested parties, genetic tests or other tests of inherited characteristics shall be ordered and the results received in evidence, as provided in section 13-25-126. Upon agreement of the mother and the presumed or alleged father or fathers, genetic tests or other tests of inherited characteristics may be administered prior to filing of an action. If the action is then filed, the test results must be admitted into evidence as provided in section 13-25-126.

(2) (a) A delegate child support enforcement unit is authorized to produce, issue, and serve a subpoena to compel a party in a juvenile court case to appear, at a specified location and time, for a genetic test sample that is collected for assistance in paternity determination. The subpoena must allow a lab-certified child support enforcement unit sample collector, an accredited genetic-testing laboratory company, a health clinic, or a hospital to conduct a buccal swab or other lab-approved collection method of the alleged father, mother, and child whose paternity is at issue. The sample may then be used for paternity testing purposes, provided appropriate chain-of-custody documentation is followed. Test results obtained through the subpoena may be admitted as evidence pursuant to section 13-25-126. The subpoena may be served by first-class mail or by electronic means, if that notice preference by the party is documented.

(b) If a party fails to honor the first subpoena, the delegate child support enforcement unit may issue a second subpoena or file the appropriate motion with the court to compel compliance with a judicial genetic testing order pursuant to section 13-25-126. If the delegate child support enforcement unit issues a second subpoena and that subpoena is not honored, the delegate child support enforcement unit may file the appropriate motion with the court to compel compliance with a judicial genetic testing order pursuant to section 13-25-126. A nonappearance default may be sought against a nonappearing party only after a judicial genetic testing order is not honored.

Source: L. 87: Entire title R&RE, p. 796, § 1, effective October 1. L. 91: Entire section amended, p. 254, § 11, effective July 1. L. 2018: Entire section amended, (HB 18-1363), ch. 389, p. 2322, § 2, effective August 8.

Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-6-112 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

ANNOTATION

Law reviews. For comment, "Bastardizing the Legitimate Child: The Colorado Supreme Court Invalidates the Uniform Parentage Act Presumption of Legitimacy in R.McG. v. J.W.", see 59 Den. L.J. 157 (1981). For article, "Legislative Update", see 12 Colo. Law. 1257 (1983).

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Requirement of blood tests. On motion of the alleged father, the trial of the issue of paternity of the unborn child shall not be held until after blood grouping tests are available. People in Interest of Unborn Child v. Estergard, 169 Colo. 445, 457 P.2d 698 (1969) (decided under former § 19-6-104 prior to the 1977 repeal and reenactment of this article).

This section does not provide for genetic testing during paternity adjudications after a legal judgment of paternity has entered. People ex rel. J.A.U. v. R.L.C., 47 P.3d 327 (Colo. 2002).

Evidence from tests sufficient for summary judgment. K.H.R. by and through D.S.J. v. R.L.S., 807 P.2d 1201 (Colo. App. 1990).