Child Support Enforcement 510-05-40
Paternity 510-05-40-05
(Revised 7/1/14 ML #3406)
View Archives
(N.D.A.C. Section 75-02-02.1-09)
- As a condition
of eligibility aged and disabled parents or caretakers must cooperate with the Department
and county agency in establishing paternity of any child under age eighteen
in the Medicaid unit. An exception to this
provision exists when the child is a subsidized adoption child or the aged or disabled parent or caretaker is pregnant, within a continuous eligibility period
for Medicaid.
It is never a condition of a child’s eligibility that the parent or caretaker
cooperates.
- A child for whom
"paternity has not been established" means a child who was born
out of wedlock and for whom paternity has not been legally
established. A child is not considered to be born out-of-wedlock if the
child is born within three hundred (300) days after the marriage is terminated
by death, annulment, declaration of invalidity, or divorce, or after a
decree of separation is entered by a court. Paternity is not considered
to be legally established unless adjudicated by a court of law, or the
parents completed the process using the "North Dakota Acknowledgment
of Paternity" form, SFN 8195, with a revision date of 4/98 or later.
- An automated referral
will be made to Child Support when paternity has not been legally established
and a caretaker who is not excluded in subsection 1 is seeking eligibility,
or when a child is eligible for foster care.