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California Law (Last Updated: March 4, 2014) |
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Family Code - FAM |
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Division 12. PARENT AND CHILD RELATIONSHIP |
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Part 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND BLOOD TESTS TO DETERMINE PATERNITY |
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Chapter 3. Establishment of Paternity by Voluntary Declaration |
Section 7572.
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(a) The Department of Child Support Services, in consultation with the State Department of Health Care Services, the California Association of Hospitals and Health Systems, and other affected health provider organizations, shall work cooperatively to develop written materials to assist providers and parents in complying with this chapter. This written material shall be updated periodically by the Department of Child Support Services to reflect changes in law, procedures, or public need.
(b) The written materials for parents which shall be attached to the form specified in Section 7574 and provided to unmarried parents shall contain the following information:
(1) A signed voluntary declaration of paternity that is filed with the Department of Child Support Services legally establishes paternity.
(2) The legal rights and obligations of both parents and the child that result from the establishment of paternity.
(3) An alleged father's constitutional rights to have the issue of paternity decided by a court; to notice of any hearing on the issue of paternity; to have an opportunity to present his case to the court, including his right to present and cross-examine witnesses; to have an attorney represent him; and to have an attorney appointed to represent him if he cannot afford one in a paternity action filed by a local child support agency.
(4) That by signing the voluntary declaration of paternity, the father is voluntarily waiving his constitutional rights.
(c) Parents shall also be given oral notice of the rights and responsibilities specified in subdivision (b). Oral notice may be accomplished through the use of audio or video recorded programs developed by the Department of Child Support Services to the extent permitted by federal law.
(d) The Department of Child Support Services shall, free of charge, make available to hospitals, clinics, and other places of birth any and all informational and training materials for the program under this chapter, as well as the paternity declaration form. The Department of Child Support Services shall make training available to every participating hospital, clinic, local registrar of births and deaths, and other place of birth no later than June 30, 1999.
(e) The Department of Child Support Services may adopt regulations, including emergency regulations, necessary to implement this chapter.