[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR310.100]

[Page 327]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 310_COMPREHENSIVE TRIBAL CHILD SUPPORT ENFORCEMENT (CSE) PROGRAMS
--Table of Contents
 
                 Subpart C_Tribal CSE Plan Requirements
 
Sec. 310.100  What procedures for the establishment of paternity must 
a Tribe or Tribal organization include in a Tribal CSE plan?

    (a) A Tribe or Tribal organization demonstrates capacity to operate 
a Tribal CSE program meeting the objectives of title IV-D of the Act 
when its Tribal CSE plan includes the procedures that result in the 
establishment of paternity included in this section. For cases in which 
paternity has not been established, the Tribe must include in its Tribal 
CSE plan the procedures under which the Tribal CSE agency will:
    (1) Attempt to establish paternity by the process established under 
Tribal law, code, and/or custom; and
    (2) Provide an alleged father the opportunity to voluntarily 
acknowledge paternity.
    (b) The Tribal CSE agency need not attempt to establish paternity in 
any case involving incest or forcible rape, or in any case in which 
legal proceedings for adoption are pending, if, in the opinion of the 
Tribal CSE agency, it would not be in the best interests of the child to 
establish paternity.
    (c) When genetic testing is used to establish paternity, the Tribal 
CSE agency must identify and use accredited laboratories which perform, 
at reasonable cost, legally and medically acceptable genetic tests which 
tend to identify the father or exclude the alleged father.