Attachment A - Public Comments and OCSS Responses

#	Date Submitted	State / Entity	Comment	OCSS Response
1	7/13/2023	Virginia	Virginia does not have any comments.	Thank you for your comment.
2	7/28/2023	Massachusetts	In general, we believe the current data elements properly balance between providing a well-defined voluntary acknowledgment process to expedite paternity establishment while providing information necessary to the proper performance of the child support agency.	Thank you for your comment.
3	7/28/2023	Massachusetts	We write to suggest that [OCSS] consider amending the current data requirements to include gender neutral terminology to help ensure that all families have equal access to establish legal parentage. Diverse families represent an increasing segment of the child support agency's caseload across the country. The Supreme Judicial Court's decision in Goodridge v. DPH, 440 Mass. 309 (2003), brought Massachusetts to the forefront as one of the first states to recognize a constitutional right to same-sex marriage. The Supreme Court in Obergefell v. Hodges, 135 U.S. 2584 (2015) also recognized the right to same-sex marriage under the United States Constitution. Through legislation or judicial action many states have expanded legal parental status to individuals in familial configurations not originally contemplated when OCSS promulgated the required data elements back in 1998. For example, seven states have enacted versions of the most recent Uniform Parentage Act and another five states have similar pending legislation, including Massachusetts. While the courts provided couples with a means to define a legal relationship between each other, scientific advances in artificial reproductive technology also provided individuals with the means to become a parent in a multitude of ways. The biological parent may serve solely as a donor of genetic material or act as a surrogate mother, with no intention of becoming a legal parent. Conversely, legal parentage may be established for individuals absent any biological or genetic connection to the child. Recently, the Massachusetts Supreme Judicial Court strongly reaffirmed this in, J.M v. C.G., No. SJC-13295 (2023), holding that an individual without a biological connection can establish paternity through the acknowledgment process. Some states and the Uniform Parentage Act recognize that more than two parents can be named legal parents. These social and scientific advances force states to examine the underlying processes conferring legal parental status as current practices may not adequately serve the needs of children brought into a diverse family structure. (Con't below.)	The commenter discusses new developments in federal and state law related to equal access to same-sex marriage and parentage establishment, including that several states have adopted the Uniform Parentage Act and other states have pending legislation on this act. Along with MA, three other states (CO, OR, and WA) suggested OCSS revise the data elements to include gender-neutral terminology. In response, OCSS notes that current OCSS policy guidance, PIQ-22-02, Same-Sex Parents and Child Support Program Requirements, clarifies that states are not precluded from adopting their own gender-neutral acknowledgment process: "States may adopt a single set of gender-neutral voluntary acknowledgment or parentage provisions consistent with title IV-D, including a gender-neutral acknowledgment process and forms, provided such provisions, process and forms also encompass the voluntary paternity acknowledgment procedures under title IV-D." Due to this policy flexibility and that OCSS has upcoming proposed regulatory activity on the topic of parentage in child support, we conclude it is not necessary or timely to make changes to the terminology during this 3 year review of the data elements. In addition, all the commenters who responded to this PRA request for comments noted that the current data elements are generally an effective part of the voluntary acknowledgment process. Action: No Change
3	7/28/2023	Massachusetts	(Con't from above) In Partanen v. Gallagher, 475 Mass. 632 (2016), the Massachusetts Supreme Judicial Court was asked to determine if a woman in a same sex relationship with no biological connection to two children could establish legal parentage under the non-marital children statute, Massachusetts General Laws Chapter 209C. They raised the children together for years but never formalized legal parentage through marriage, adoption, or court action. The court held that she could bring the legal action as the phrase "adjudication of paternity" was gendered and the statute provides a "means for establishing parentage regardless of the parent's gender". The court suggested that a voluntary acknowledgment of parentage process may be available to a same-sex couple to establish legal parentage, even if one member of the couple had no biological relation to the children. In response, Massachusetts developed and implemented a new gender neutral voluntary acknowledgment of parentage form that provides equal access for same sex couples to establish legal parentage. As the number of diverse families increase, states are faced with challenges to the traditional concept of establishing biological paternity through an acknowledgment. State courts and legislatures are recognizing that a broader concept of voluntarily acknowledging of parentage is necessary to protect the best interests of children. Amending the data elements from the historical mother father relationship to gender neutral language will guarantee that the voluntary acknowledgment process is inclusive of all families and will safeguard the rights of some of our most vulnerable children.	n/a
4	8/8/2023	Indiana	In Indiana, you can prove paternity by either DNA testing or Paternity Affidavit. In Indiana, both are considered conclusive proof. Certainly, DNA is reliable. Paternity affidavit are often unexplained at the hospitals, or people want to establish, knowing the father is not (or may not be) the father. This creates a problem. It should be a “rebuttable” presumption, it should not be conclusive. Otherwise, paternity affidavits work well in the state.	Response: Thank you for your comments about voluntary paternity establishment where an acknowledgment may be "unexplained at the hospital." Under 45 CFR 303.5(g), the state must establish a voluntary paternity establishment program where both the mother and alleged father are informed of the "alternatives to, the legal consequences of, and the rights…and responsibilities of acknolwledging paternity." This issue is separate from, and does not affect, the data elements themselves. Action: No change.
5	8/16/2023	Colorado	We suggest OCSS take this opportunity to recommend updating the language used in the current data requirements to adopt gender-neutral language. This would support all families to have equal access to secure legal parentage. The GLBTQ Legal Advocates & Defenders (GLAD) website identifies Colorado as one of the 11 states that have already expanded the types of parentage that may be established through voluntary acknowledgments and adopted more gender-neutral language. Colorado updated our regulations, Voluntary Acknowledgement of Parentage (AOP), and AOP manual accordingly. Updating language at the federal level aligns with the spirit of equity in the Uniform Parentage Act of 2017 and lends support to the states yet to adopt it.	See response to item 3 above.
6	8/25/2023	Tennessee	• The Department specifically submits comments on the below optional data elements seen below: 1. Daytime phone number Response: Not necessary. 2. Birthplace – mother and father Response: Yes, it is necessary and practical. 3. Hospital of Birth Response: Not necessary. 4. Gender of Child Response: Not necessary. Gender is determined by the individual. The sex of the child at the time of birth is important for vital records and health information. 5. Father’s Employer Response: Not necessary. 6. Ethnicity of Father Response: Not necessary. 7. Medical Insurance Response: Not necessary. (Con't below.)	The commenter indicated that the following optional data elements are necessary: Birthplace - mother and father, Minors: Signature Line for Guardian Ad Litem or Legal Guardian, and Three-Way Signature Offered on Form. The commenter suggested the "Offer of Name Change" would also be helpful for parents if there was also a data range. Since these elements are optional, the state may use elements that are necessary to their process. Action: No change.
6	8/25/2023	Tennessee	(con't from above) 8. Maiden Name of Mother Response: Not necessary. 9. Place Where Acknowledgment or Affidavit was Completed Response: Not necessary. 10. Offer of Name Change Response: Yes, this is helpful for the parents. However, this would require a date range for use of the VAoP for specific name changes (i.e. first, middle, and/or last). 11. Minors: Signature Line for Guardian Ad Litem or Legal Guardian Response: Yes, it is necessary and practical. 12. Three-Way Signature Offered on Form Response: Yes, it is necessary and practical. 13. An advisory to parents that they may wish to seek legal counsel or obtain a genetic test before signing. Response: Not necessary. 14. A statement concerning the custody status of the child vis-à-vis State law Response: Not necessary.	n/a
7	8/25/2023	Oregon	In general, we believe the current data elements properly balance a well-defined voluntary acknowledgment process to expedite paternity establishment with appropriately collecting information child support programs and partner agencies use in our daily work.	Thank you for your comment.
8	8/25/2023	Oregon	We suggest OCSS take this opportunity to update the language used in the current data requirements to include gender-neutral language. This would help in providing all families equal access to securing legal parentage. In 2017, the Supreme Court held that a state may not deny married same-sex couples’ inclusion on their children’s birth certificates that the state grants to married opposite-sex couples. Pavan v. Smith, 137 S. Ct. 2075 (2017). For years, voluntary acknowledgments of paternity have been a simple, efficient way to establish a legal parent. Amending the current data requirements to include gender-neutral language eases the way for states to expand access to this process. OCSS’s support for providing services to diverse families is demonstrated in PIQ-22-02. The PIQ highlighted that states have flexibility to support families with same-sex parents by adopting voluntary acknowledgments of parentage that are gender neutral. The GLBTQ Legal Advocates & Defenders (GLAD) website identifies 11 states that have already expanded the types of parentage that may be established through voluntary acknowledgments and adopted more gender-neutral language. Updating language at the federal level aligns with recommendations from the Uniform Parentage Act of 2017 and lends support to the states yet to adopt it. As the number of diverse families increases, states are faced with challenges to the traditional concept of establishing biological paternity through an acknowledgment. State courts and legislatures are recognizing that a broader concept of voluntarily acknowledging parentage is necessary to protect the best interests of children. Amending the data elements from the historical mother-father relationship to gender-neutral language will guarantee that the voluntary acknowledgment process is inclusive of all families and will safeguard the rights of some of our most vulnerable children. Establishing legal parentage is beneficial for children and amending the language to be more inclusive of all families allows broader access to the expedited process that a voluntary acknowledgment provides. This, in turn, makes child support services more accessible.	See response to item 3 above.
9	8/25/2023	Arizona	1. Request that Daytime Phone number and Hospital of Birth for the child be moved to mandatory fields, not optional. 2. Would like to see the daytime phone number and Hospital of Birth (child) as a required field.	Since the elements are optional, the state may use elements that are necessary to their process. Action: No change.
10	8/25/2023	Arizona	Comments on whether the proposed collection of information is necessary for the proper performance of the functions of the OCSS, including whether the information shall have practical utility 1. Yes. 2. The proposed collections of information assists the state of AZs HPP team with making sure that Birth's are properly recorded and that birth certificates are as complete as possible. This in turn assists DCSS by having the best information available if one of the parents files for child support.	Thank you for your comment.
11	8/25/2023	Arizona	Comments on the accuracy of the OCSS estimate of the burden of the proposed collection of information. 1. In the state of AZ we have shown that by having a dedicated team work with the Bureau of Vital Records to have the Acknowledgement of Paternity completed and by obtaining accurate information at birth has lead to ease of the Child Support Application Process. Where one hand is spending time collecting the information the other hand is spending less time when a child support case needs to be opened because there is no need to wait on paternity testing. We are able to open cases quicker with less back and forth.	Thank you for your comment.
12	8/25/2023	Arizona	Comments on the quality, utility, and clarity of the information to be collected. 1. In AZ we work with the Bureau of Vital Records to train hospital birth recorders and midwives on what needs to be collected at the time of birth and how to fill out the Acknowledgement of Paternity. We have a dedicated team phone number and email address that is provided to the hospitals and birthing facilities so that if there are questions they can be answered quickly. 2. The info needs to be clear and complete to process the affidavit.	Thank you for your comment.
13	8/25/2023	Arizona	Comments on ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. 1. The suggestion is fine, but the information they8/28/ want to automate needs to be necessary and complete to finalize the form. 2. I don't see this as a burden. We have a solid process in AZ that creates ease for Child Support case managers when they open new cases. This allows them to open more cases in less time.	Thank you for your comment.
14	8/28/2023	Washington	The State of Washington believes that these forms and the corresponding data elements meet our needs to provide important parentage services to the children and families we serve. We strongly support the proposal in the Federal Register.	Thank you for your comment.
15	8/28/2023	Washington	We are taking this opportunity to encourage the Office of Child Support Services (OCSS) to use gender-neutral language in these data requirements and throughout OCSS rules and guidance whenever possible. Under the leadership of Governor Jay Inslee and DSHS Secretary Jilma Meneses, we are working every day to be a more pro-equity anti-racist agency-- challenging and important work. I see firsthand how this work is benefitting our clients and the communities we serve. I know you share these values. This is why I am especially proud of our state taking a leadership role in the adoption of the Uniform Parentage Act (UPA) in 2018. Through the UPA, our state reformed outdated language with more appropriate, gender-neutral language. It also ensured that our state’s voluntary parentage acknowledgment process is available to all parents. Washington is one of 11 states to adopt these changes and we look forward to more states adopting them in the future. As focus on diverse families continues to grow, strong leadership at the federal level makes a huge difference for state policymakers as they work to build support for these efforts. Adopting gender-neutral language in the data elements at the federal level will also ensure that voluntary acknowledgment is inclusive of all families. Some of our most vulnerable children will have their rights protected through this change. All families deserve broader access to the voluntary acknowledgment process. This will make child support services more effective and accessible for everyone.	See response to item 3 above.