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Archive for the ‘Paternity Testing’ Category

Paternity Testing A Holy Man: Cardinal Franc Rode

posted by DNA Identifiers @ 3:24 PM
Friday, October 5, 2012

October 3, 2012

According to the Vatican Insider, a news website, a DNA test has cleared an accused Cardinal, Franc Rode, of fathering a child by the name of Peter S., who is a 42 year old German citizen. The German man claimed that he was born out of a relationship between his mother, Tanja Breda, and the Cardinal who, at the time, was a young priest and professor on the faculty for Theology in Ljubljana.

According to Wikipedia, “Franc Rode is a Slovenian Cardinal of the Roman Catholic Church. He is the prefect emeritus of the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, having served as prefect from 2004 to 2011. He was elevated to the cardinalate in 2006.

This Cardinal Deacon has emphatically denied these claims and, after speaking with his alleged son, he agreed to take a paternity test to prove that he was not the father. The DNA test was conducted at the Munich University Institute of Legal Medicine and it was confirmed that the DNA paternity test results between the two men were, in fact, negative. It has been reported that upon learning the results of the test the Cardinal made two public statements:

1) “I am glad that the results are those I expected at the start. Defamation of this kind isolates a man in his pain.”

2) “After all they’ve done to me they deserve this…”, in which he is referring to proposed lawsuits against the media for alleged breaches of his right to privacy.

While the paternity test did disprove fatherhood, one must wonder why a woman would name a holy man as the father of her child. Only the mother and the Cardinal know what really happened between them, if anything, 43 years prior.

Sitting Cardinal Franc Rode

Author: Meagan Thompson
(Photo courtesy of Facebook.com)

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Professional DNA Collecting – The Scary Side of Clients

posted by DNA Identifiers @ 3:14 PM
Thursday, September 27, 2012

Collecting DNA samples from individuals can be a very intimate situation. In most cases, the clients are nervous and anxious, which is understandable since the DNA test results can be life changing. Generally, meeting with clients and performing the collection goes well and everyone is on their best behavior. However, sometimes we find ourselves in emotionally charged situations and it can be a little unsettling, especially when the collection is performed by a mobile collector at the home of the clients. Regardless or where the collection takes place, we always hope that there is no fighting, or worse, violence, while performing the DNA collection service.

A recent news report reminds us that we need to always be careful  - we never know what the true situation is and we never know if the people that we are collecting DNA from are sane. For example:

According to the Arlington, Texas police, a man by the name of Thomas Olivas, age 29, was arrested in the death of his ex-girlfriend, Mechelle Danielle Gandy, age 26, and her 1 year old child, a boy, Asher Rion Olivas.

Police reported that, on March 2011, Thomas murdered the mother and child by stabbing Mechelle to death, and then dousing the room where Asher was sleeping in his crib with gasoline, and then lighting the apartment on fire. His motives are said to be that he did not want to pay child support and called Asher “the devil’s child” on Facebook. A forensic DNA paternity test was performed using the child’s remains and as it turned out, Thomas Olivas WAS the father of the child. The mother and child were buried in Moore Memorial Gardens Cemetery in Arlington.

It is these types of terrible tragedies that concern us. We realize that we are working with people who could be criminally insane, dangerous and emotionally unstable. It’s not something that we wish to be caught up in. We feel for any family that has to endure such a terrible ordeal!

Author: Meagan Thompson

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U.S. To Rename, Update Immigration Records System

posted by DNA Identifiers @ 2:04 PM
Tuesday, July 31, 2012

As Found on GovPulse.US

Summary

In accordance with the Privacy Act of 1974 the Department of Homeland Security U.S. Immigration and Customs Enforcement is updating an existing system of records titled, Department of Homeland Security/ U.S. Immigration and Customs Enforcement–011 Removable Alien Records System of Records, January 28, 2009, and renaming it Department of Homeland Security/U.S. Immigration and Customs Enforcement–011 Immigration and Enforcement Operational Records System of Records. With the publication of this updated system of records, the Department of Homeland Security is also retiring an existing system of records titled, Department of Homeland Security/U.S. Immigration and Customs Enforcement–Customs and Border Protection–U.S. Citizenship and Immigration Services–001-03 Enforcement Operational Immigration Records System of Records, March 20, 2006, and transferring certain law enforcement and immigration records described therein that are owned by U.S. Immigration and Customs Enforcement to this updated system of records. Categories of individuals and categories of records have been reviewed, and the purpose statement and routine uses of this system have been updated to better reflect the current status of these records. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. This updated system will continue to be included in the Department of Homeland Security’s inventory of record systems.

Details

Publication Date:
Monday, March 01, 2010
Federal Register Document Number:
2010-4099
Publishing Agency:
Department of Homeland Security
Dates:
Submit comments on or before March 31, 2010. This amended system will be effective March 31, 2010.
Effective Date:
03/31/2010
Comments Close:
03/31/2010
Action:
Notice Of Amendment Of Privacy Act System Of Records.
Genre:
Article
Part Name:
Notices
Entry Type:
Notice
Other Formats:
html | text | pdf | regulations.gov
Length:
7
Start Page:
9238
End Page:
9244

 

Table of Contents

Submit comments on or before March 31, 2010. This amended system will be effective March 31, 2010.

You may submit comments, identified by docket number DHS-2009-0144 by one of the following methods:

•Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

•Fax:703-483-2999.

•Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.

•Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

•Docket: For access to the docket to read background documents or comments received go to http://www.regulations.gov.

 

I. Background 

In accordance with the Privacy Act of 1974, the Department of Homeland Security is updating and reissuing Department of Homeland Security (DHS)/U.S. Immigration and Customs Enforcement (ICE)—011 Removable Alien Records System of Records (74 FR 4965, Jan. 28, 2009) to include additional DHS records pertaining to the investigation, arrest, booking, detention, and removal of persons encountered during immigration and criminal law enforcement investigations and operations conducted by DHS. This system of records is also being updated to include records pertaining to fugitive aliens and aliens paroled into the United States (U.S.) by ICE. The system of records is being renamed DHS/ICE-011 Immigration and Enforcement Operational Records System of Records (ENFORCE) to better reflect the nature and scope of the records maintained.

DHS is updating this notice to include the following substantive changes: (1) An update to the categories of records to include clarifying language as well as to provide the Department of Justice (DOJ) with DNA samples as required by 28 CFR Part 28; (2) the addition of routine uses to (a) incorporate the routine uses that were already part of the published DHS/ICE—011 Removable Aliens Records System of Records (RARS) (74 FR 20719, May 5, 2009) into this newly consolidated SORN, (b) provide information to individuals in the determination of whether or not an alien has been removed from the U.S., (c) assist agencies in collecting debts owed to them or the U.S. Government, (d) allow sharing with the Department of State (DOS) for immigration benefits and visa activities, as well as when DOS is contacted by foreign governments to discuss particular matters involving aliens in custody or other ICE enforcement matters that may involve identified individuals, (e) allow the Office of Management and Budget (OMB) to review the private immigration relief bill process in Congress, (f) inform members of Congress about an alien who is being considered for private immigration relief, (g) share operational information with other law enforcement agencies to prevent conflicting investigations or activities, (h) coordinate the transportation, custody, and care of U.S. Marshals Service (USMS) prisoners, (i) allow third parties to facilitate the placement or release of an alien who has been or are in the process of being released from ICE custody, (j) provide information about an alien who has or is in the process of being released from ICE custody who may pose a health or safety risk, (k) to provide information facilitating the issuance of an immigration detainer on an individual in custody or the transfer of an individual to ICE or another agency, (l) disclose DNA samples and related information as required by Federal regulation, (m) to facilitate the transmission of arrest information to the Department of Justice for inclusion in relevant law enforcement databases and for the enforcement Federal firearms licensing laws, and (n) to disclose information to persons seeking to post or arrange immigration bonds. These updated routine uses are compatible with the purpose of this system becausethey sharing will assist ICE with its immigration and law enforcement mission.

With the publication of this notice, DHS is also merging into the DHS/ICE-011 ENFORCE System of Records certain records from an existing system of records titled, DHS/ICE-CBP-CIS-001-03 Enforcement Operational Immigration Records System of Records (71 FR 13987, March 20, 2006), and retiring that system of records. When last published, DHS/ICE-CBP-CIS-001-03 Enforcement Operational Immigration Records System of Records covered biometric and biographic information collected during DHS enforcement encounters and screening at ports of entry. The system of records supported DHS in the identification, investigation, apprehension, and/or removal of aliens unlawfully entering or present in the U.S. and facilitated the legal entry of individuals. The records described in DHS/ICE-CBP-CIS-001-03 Enforcement Operational Immigration Records System of Records were owned by several components within DHS, specifically ICE, CBP, and USCIS. After stewardship for the DHS biometric records database titled, Automated Biometric Identification System (IDENT), which had been covered by DHS/ICE-CBP-CIS-001-03 Enforcement Operational Immigration Records System of Records, was transferred in 2006 to DHS’s U.S. Visitor and Immigrant Status Indictor Technology (US-VISIT) Program, US-VISIT established a separate system of records titled, DHS/US-VISIT-0012 Automated Biometric Identification System (IDENT) (72 FR 31080, June 5, 2007) to cover records in that database. The remaining non-IDENT records in DHS/ICE-CBP-CIS-001-03 Enforcement Operational Immigration Records System of Records pertained to enforcement encounters and admission screening of individuals at the border, and were owned by ICE and CBP. Of those, CBP records are now covered by the system of records titled, DHS/CBP-011 TECS System of Records (73 FR 77778, December 19, 2008), and ICE’s records are now covered by the DHS/ICE-011 ENFORCE System of Records, which is the subject of this notice.

II. ENFORCE System of Records 

The DHS/ICE-011 ENFORCE System of Records consists of paper and electronic records related to the investigation, arrest, booking, detention, and removal of persons encountered during immigration and criminal law enforcement investigations and operations conducted by DHS, including fugitive aliens and paroled aliens.

Criminal and Immigration Enforcement Records 

The DHS/ICE-011 ENFORCE System of Records contains personal information about individuals who are criminal suspects, alleged immigration violators, and other individuals whose information may be collected or obtained during the course of an immigration enforcement or criminal matter (e.g., witnesses, associates, relatives). This system of records will also contain biographical information of those prisoners that ICE holds in its detention facilities for the USMS under an interagency agreement. These records are maintained in an ICE-owned and operated information technology system known as the Enforcement Integrated Database (EID). Associated paper records are also maintained. EID captures and maintains information related to the investigation, arrest, booking, detention, and removal of persons encountered during immigration and law enforcement investigations and operations conducted by ICE. While CBP law enforcement personnel can also create and access EID information, CBP records in EID are covered by the DHS/CBP TECS System of Records.

The EID supports a variety of DHS law enforcement processes and workflows, especially those related to the enforcement of immigration laws. As an alleged immigration violator (i.e., subject) moves through the enforcement process (e.g., arrest, booking, detention, or removal), DHS personnel create, modify, and access the data stored in the EID’s central data repository. In addition to supporting the immigration enforcement process, EID also supports DHS’s arrest and booking of subjects for violations of U.S. customs laws and other Federal criminal laws. This updated system of records notice is being published concurrently with the Privacy Impact Assessment (PIA) for ICE’s EID because information maintained in EID is described in this notice. The EID PIA is available on the DHS Privacy Office Web site at <http://www.dhs.gov/privacy.

Fugitive Alien Records <

The DHS/ICE-011 ENFORCE System of Records also contains records pertaining to ICE’s efforts to identify, locate, apprehend and remove fugitive aliens from the United States. Fugitive aliens are aliens ordered and/or removed from the United States by a U.S. Immigration Judge, but who failed to appear as ordered for removal. ICE maintains records on aliens who are fugitives and collects information from other government systems and commercial data sources to identify leads that may reveal the fugitive’s current location. ICE records are updated when fugitive aliens are apprehended and removed by ICE. ICE’s Fugitive Case Management System (FCMS) is the information system in which these records are maintained, and associated paper records are also maintained. A PIA for FCMS is available on the DHS Privacy Office Web site at <http://www.dhs.gov/privacy.

Paroled Alien Records 

Finally, the DHS/ICE-011 ENFORCE System of Records also contains records pertaining to aliens who are paroled into the United States by ICE. ICE maintains records on the individual aliens who are paroled into the United States in order to track and manage parolees and ensure they comply with the terms of parole. ICE’s Parole Case Tracking System (PCTS) is the information system in which these records are maintained, and associated paper records are also maintained. A PIA for PCTS is in progress and expected to be published in 2010.

Consistent with DHS’s information sharing mission, information stored in the DHS/ICE-011 ENFORCE System of Records may be shared with other DHS components, as well as appropriate Federal, State, local, Tribal, foreign, or international government agencies. This sharing will only take place after DHS determines that the receiving component or agency has a need to know the information to carry out national security, law enforcement, immigration, intelligence, or other functions consistent with the routine uses set forth in this system of records notice.

Portions of the DHS/ALL-011 ENFORCE System of Records are exempt from one or more provisions of the Privacy Act because of criminal, civil and administrative enforcement requirements. Individuals may request information about records pertaining to them stored in the DHS/ALL-011 ENFORCE System of Records as outlined in the “Notification Procedure” section below. ICE reserves the right to exempt various records from release. The Secretary of Homeland Security has exempted portions of this system of records from subsections (c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), and (e)(8); and (g) of the Privacy Act pursuant to 5 U.S.C. § 552a(j)(2). In addition, the Secretary of Homeland Security has exempted portions of this system of records fromsubsections (c)(3); (d); (e)(1), (e)(4)(G), and (e)(4)(H) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). These exemptions apply only to the extent that records in the system are subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(2).

III. Privacy Act 

The Privacy Act embodies fair information principles in a statutory framework governing the means by which the U.S. Government collects, maintains, uses, and disseminates individuals’ records. The Privacy Act applies to information that is maintained in a “system of records.” A “system of records” is a group of any records under the control of an agency for which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined to encompass U.S. citizens and lawful permanent residents. As a matter of policy, DHS extends administrative Privacy Act protections to all individuals where systems of records maintain information on U.S. citizens, lawful permanent residents, and visitors. Individuals may request access to their own records that are maintained in a system of records in the possession or under the control of DHS by complying with DHS Privacy Act regulations, 6 CFR Part 5.

The Privacy Act requires each agency to publish in the Federal Register a description denoting the type and character of each system of records that the agency maintains, and the routine uses that are contained in each system in order to make agency recordkeeping practices transparent, to notify individuals regarding the uses to which their records are put, and to assist individuals to more easily find such files within the agency. Below is the description of the DHS/ICE-011 Immigration and Enforcement Operational Records (ENFORCE) System of Records.

In accordance with 5 U.S.C. 552a(r), DHS has provided a report of this system of records to the Office of Management and Budget and to Congress.

 

SYSTEM OF RECORDS: 

DHS/ICE-011

SYSTEM NAME: 

Immigration and Enforcement Operational Records (ENFORCE).

SECURITY CLASSIFICATION: 

Unclassified; Controlled Unclassified Information (CUI).

SYSTEM LOCATION: 

Records are maintained at the U.S. Immigration Customs and Enforcement (ICE) Headquarters in Washington, DC, ICE field and attaché offices, and detention facilities operated by or on behalf of ICE, or that otherwise house individuals detained by ICE.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: 

Categories of individuals covered by this system include:

1. Individuals arrested, detained, and/or removed for criminal and/or administrative violations of the Immigration and Nationality Act, or individuals who are the subject of an ICE immigration detainer issued to another custodial agency;

2. Individuals arrested by ICE law enforcement personnel for violations of Federal criminal laws enforced by ICE or DHS;

3. Individuals who fail to leave the United States after receiving a final order of removal, deportation, or exclusion, or who fail to report to ICE for removal after receiving notice to do so (fugitive aliens);

4. Individuals who are granted parole into the United States under section 212(d)(5) of the Immigration and Nationality Act (parolees);

5. Other individuals whose information may be collected or obtained during the course of an immigration enforcement or criminal matter, such as witnesses, associates, and relatives;

6. Attorneys or representatives who represent individuals listed in categories (a)-(d) above;

7. Persons who post or arrange bond for the release of an individual from ICE detention, or receive custodial property of a detained alien;

8. Personnel of other agencies who assisted or participated in the arrest or investigation of an alien, or who are maintaining custody of an alien; and

9. Prisoners of the U.S. Marshals Service held in ICE detention facilities.

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system include:

1. Biographic, descriptive, historical and other identifying data, including but not limited to: Names; aliases; fingerprint identification number (FIN); date and place of birth; passport and other travel document information; nationality; aliases; Alien Registration Number (A-Number); Social Security Number; contact or location information (e.g., known or possible addresses, phone numbers); visa information; employment, educational, immigration, and criminal history; height, weight, eye color, hair color and other unique physical characteristics (e.g., scars and tattoos).

2. Biometric data: Fingerprints and photographs. DNA samples required by DOJ regulation (see 28 CFR Part 28) to be collected and sent to the Federal Bureau of Investigation (FBI). DNA samples are not retained or analyzed by DHS.

3. Information pertaining to ICE’s collection of DNA samples, limited to the date and time of a successful collection and confirmation from the FBI that the sample was able to be sequenced. ICE does not receive or maintain the results of the FBI’s DNA analysis (i.e., DNA sequences).

4. Case-related data, including: Case number, record number, and other data describing an event involving alleged violations of criminal or immigration law (location, date, time, event category, types of criminal or immigration law violations alleged, types of property involved, use of violence, weapons, or assault against DHS personnel or third parties, attempted escape and other related information; event categories describe broad categories of criminal law enforcement, such as immigration worksite enforcement, contraband smuggling, and human trafficking). ICE case management information, including: Case category, case agent, date initiated, and date completed.

5. Birth, marriage, education, employment, travel, and other information derived from affidavits, certificates, manifests, and other documents presented to or collected by ICE during immigration and law enforcement proceedings or activities. This data typically pertains to subjects, relatives, and witnesses.

6. Detention data on aliens, including immigration detainers issued; transportation information; detention-related identification numbers; custodial property; information about an alien’s release from custody on bond, recognizance, or supervision; detention facility; security classification; book-in/book-out date and time; mandatory detention and criminal flags; aggravated felon status; and other alerts.

7. Detention data for U.S. Marshals Service prisoners, including: prisoner’s name, date of birth, country of birth, detainee identification number, FBI identification number, State identification number, book-in date, book-out date, and security classification;

8. Limited health information relevant to an individual’s placement in an ICE detention facility or transportation requirements (e.g., general informationon physical disabilities or other special needs to ensure that an individual is placed in a facility or bed that can accommodate their requirements). Medical records about individuals in ICE custody (i.e., records relating to the diagnosis or treatment of individuals) are maintained in DHS/ICE—013 Alien Medical Records System of Records;

9. Progress, status and final result of removal, prosecution, and other DHS processes and relating appeals, including: information relating to criminal convictions, incarceration, travel documents and other information pertaining to the actual removal of aliens from the United States.

10. Contact, biographical and identifying data of relatives, attorneys or representatives, associates or witnesses of an alien in proceedings initiated and/or conducted by DHS including, but not limited to: name, date of birth, place of birth, telephone number, and business or agency name.

11. Data concerning personnel of other agencies that arrested, or assisted or participated in the arrest or investigation of, or are maintaining custody of an individual whose arrest record is contained in this system of records. This can include: name, title, agency name, address, telephone number and other information.

12. Data about persons who post or arrange an immigration bond for the release of an individual from ICE custody, or receive custodial property of an individual in ICE custody. This data may include: name, address, telephone number, Social Security Number and other information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

8 U.S.C. 1103, 1225, 1226, 1324, 1357, 1360, and 1365(a)(b); Justice for All Act of 2004 (Pub. L. 108-405); DNA Fingerprint Act of 2005 (Pub. L. 109-162); Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-248); and 28 CFR Part 28, “DNA-Sample Collection and Biological Evidence Preservation in the Federal Jurisdiction.”

PURPOSE(S): 

The purposes of this system are:

1. To support the identification, apprehension, and removal of individuals unlawfully entering or present in the United States in violation of the Immigration and Nationality Act, including fugitive aliens.

2. To support the identification and arrest of individuals (both citizens and non-citizens) who commit violations of Federal criminal laws enforced by DHS.

3. To track the process and results of administrative and criminal proceedings against individuals who are alleged to have violated the Immigration and Nationality Act or other laws enforced by DHS.

4. To support the grant, denial, and tracking of individuals who seek or receive parole into the United States.

5. To provide criminal and immigration history information during DHS enforcement encounters, and background checks on applicants for DHS immigration benefits (e.g., employment authorization and petitions).

6. To identify potential criminal activity, immigration violations, and threats to homeland security; to uphold and enforce the law; and to ensure public safety.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 

In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a portion of the records or information contained in this system may be disclosed outside DHS as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

A. To the Department of Justice (DOJ) or other Federal agency conducting litigation or in proceedings before any court, adjudicative or administrative body, or to a court, magistrate, administrative tribunal, opposing counsel, parties, and witnesses, in the course of a civil or criminal proceeding before a court or adjudicative body when it is necessary to the litigation and one of the following is a party to the litigation or has an interest in such litigation:

1. DHS or any component thereof;

2. Any employee of DHS in his/her official capacity;

3. Any employee of DHS in his/her individual capacity where DOJ or DHS has agreed to represent the employee; or

4. The U.S. or any agency thereof, is a party to the litigation or has an interest in such litigation, and DHS determines that the records are both relevant and necessary to the litigation and the use of such records is compatible with the purpose for which DHS collected the records.

B. To a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of the individual to whom the record pertains.

C. To the National Archives and Records Administration or other Federal government agencies pursuant to records management inspections being conducted under the authority of 44 U.S.C. 2904 and 2906.

D. To an agency, organization, or individual for the purpose of performing audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function.

E. To appropriate agencies, entities, and persons when:

1. DHS suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;

2. DHS has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by DHS or another agency or entity) or harm to the individual who relies upon the compromised information; and

3. The disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with DHS’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

F. To contractors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for DHS, when necessary to accomplish an agency function related to this system of records. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to DHS officers and employees.

G. To an appropriate Federal, State, Tribal, local, international, or foreign law enforcement agency or other appropriate authority charged with investigating or prosecuting a violation or enforcing or implementing a law, rule, regulation, or order, where a record, either on its face or in conjunction with other information, indicates a violation or potential violation of law, which includes criminal, civil, or regulatory violations and such disclosure is proper and consistent with the official duties of the person making the disclosure.

H. To a court, magistrate, or administrative tribunal in the course of presenting evidence, including disclosures to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations, including to an actual or potential party or his or her attorney, or in connection with criminal law proceedings.

I. To other Federal, State, local, or foreign government agencies,individuals, and organizations during the course of an investigation, proceeding, or activity within the purview of immigration and nationality laws to elicit information required by DHS/ICE to carry out its functions and statutory mandates.

J. To the appropriate foreign government agency charged with enforcing or implementing laws where there is an indication of a violation or potential violation of the law of another nation (whether civil or criminal), and to international organizations engaged in the collection and dissemination of intelligence concerning criminal activity.

K. To other Federal agencies for the purpose of conducting national intelligence and security investigations.

L. To any Federal agency, where appropriate, to enable such agency to make determinations regarding the payment of Federal benefits to the record subject in accordance with that agency’s statutory responsibilities.

M. To foreign governments for the purpose of coordinating and conducting the removal of aliens to other nations; and to international, foreign, and intergovernmental agencies, authorities, and organizations in accordance with law and formal or informal international arrangements.

N. To family members and attorneys or other agents acting on behalf of an alien, to assist those individuals in determining whether: (1) The alien has been arrested by DHS for immigration violations; (2) the location of the alien if in DHS custody; or (3) the alien has been removed from the United States, provided however, that the requesting individuals are able to verify the alien’s date of birth or Alien Registration Number (A-Number), or can otherwise present adequate verification of a familial or agency relationship with the alien.

O. To the DOJ Executive Office of Immigration Review (EOIR) or their contractors, consultants, or others performing or working on a contract for EOIR, for the purpose of providing information about aliens who are or may be placed in removal proceedings so that EOIR may arrange for the provision of educational services to those aliens under EOIR’s Legal Orientation Program.

P. To attorneys or legal representatives for the purpose of facilitating group presentations to aliens in detention that will provide the aliens with information about their rights under U.S. immigration law and procedures.

Q. To a Federal, State, Tribal or local government agency to assist such agencies in collecting the repayment of recovery of loans, benefits, grants, fines, bonds, civil penalties, judgments or other debts owed to them or to the U.S. Government, and/or to obtain information that may assist DHS in collecting debts owed to the U.S. Government.

R. To the State Department in the processing of petitions or applications for immigration benefits and non-immigrant visas under the Immigration and Nationality Act, and all other immigration and nationality laws including treaties and reciprocal agreements; or when the State Department requires information to consider and/or provide an informed response to a request for information from a foreign, international, or intergovernmental agency, authority, or organization about an alien or an enforcement operation with transnational implications.

S. To the Office of Management and Budget (OMB) in connection with the review of private relief legislation as set forth in OMB Circular No. A-19 at any stage of the legislative coordination and clearance process as set forth in the Circular.

T. To the U.S. Senate Committee on the Judiciary or the U.S. House of Representatives Committee on the Judiciary when necessary to inform members of Congress about an alien who is being considered for private immigration relief.

U. To a criminal, civil, or regulatory law enforcement authority (whether Federal, State, local, territorial, Tribal, international or foreign) where the information is necessary for collaboration, coordination and de-confliction of investigative matters, to avoid duplicative or disruptive efforts and for the safety of law enforcement officers who may be working on related investigations.

V. To the U.S. Marshals Service concerning Marshals Service prisoners that are or will be held in detention facilities operated by or on behalf of ICE in order to coordinate the transportation, custody, and care of these individuals.

W. To third parties to facilitate placement or release of an alien (e.g., at a group home, homeless shelter, etc.) who has been or is about to be released from ICE custody but only such information that is relevant and necessary to arrange housing or continuing medical care for the alien.

X. To an appropriate domestic government agency or other appropriate authority for the purpose of providing information about an alien who has been or is about to be released from ICE custody who, due to a condition such as mental illness, may pose a health or safety risk to himself/herself or to the community. ICE will only disclose information about the individual that is relevant to the health or safety risk they may pose and/or the means to mitigate that risk (e.g., the alien’s need to remain on certain medication for a serious mental health condition).

Y. To the DOJ Federal Bureau of Prisons (BOP) and other Federal, State, local, territorial, Tribal and foreign law enforcement or custodial agencies for the purpose of placing an immigration detainer on an individual in that agency’s custody, or to facilitate the transfer of custody of an individual from ICE to the other agency. This will include the transfer of information about unaccompanied minor children to the U.S. Department of Health and Human Services (HHS) to facilitate the custodial transfer of such children from ICE to HHS.

Z. To DOJ, disclosure of DNA samples and related information as required by 28 CFR Part 28.

AA. To DOJ, disclosure of arrest and removal information for inclusion in relevant DOJ law enforcement databases and for use in the enforcement Federal firearms laws (e.g., Brady Act).

BB. To Federal, State, local, Tribal, territorial, or foreign governmental or quasi-governmental agencies or courts to confirm the location, custodial status, removal or voluntary departure of an alien from the United States, in order to facilitate the recipient agencies’ exercise of responsibilities pertaining to the custody, care, or legal rights (including issuance of a U.S. passport) of the removed individual’s minor children, or the adjudication or collection of child support payments or other debts owed by the removed individual.

CC. Disclosure to victims regarding custodial information, such as release on bond, order of supervision, removal from the United States, or death in custody, about an individual who is the subject of a criminal or immigration investigation, proceeding, or prosecution.

DD. To any person or entity to the extent necessary to prevent immediate loss of life or serious bodily injury, (e.g., disclosure of custodial release information to witnesses who have received threats from individuals in custody.)

EE. To an individual or entity seeking to post or arrange, or who has already posted or arranged, an immigration bond for an alien to aid the individual or entity in (1) identifying the location of the alien, or (2) posting the bond, obtaining payments related to the bond,or conducting other administrative or financial management activities related to the bond.

FF. To appropriate Federal, State, local, Tribal, or foreign governmental agencies or multilateral governmental organizations where DHS is aware of a need to utilize relevant data for purposes of testing new technology and systems designed to enhance national security or identify other violations of law.

GG. To the news media and the public, with the approval of the Chief Privacy Officer in consultation with counsel, when there exists a legitimate public interest in the disclosure of the information or when disclosure is necessary to preserve confidence in the integrity of DHS or is necessary to demonstrate the accountability of DHS’s officers, employees, or individuals covered by the system, except to the extent it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy.

DISCLOSURE TO CONSUMER REPORTING AGENCIES: 

None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Information can be stored in case file folders, cabinets, safes, or a variety of electronic or computer databases and storage media.

RETRIEVABILITY: 

Records may be retrieved by name, identification numbers including, but not limited to, alien registration number (A-Number), fingerprint identification number, Social Security Number, case or record number if applicable, case related data and/or combination of other personal identifiers including, but not limited to, date of birth and nationality.

SAFEGUARDS: 

Records in this system are safeguarded in accordance with applicable rules and policies, including all applicable DHS automated systems security and access policies. Strict controls have been imposed to minimize the risk of compromising the information that is being stored. Access to the computer system containing the records in this system is limited to those individuals who have a need to know the information for the performance of their official duties and who have appropriate clearances or permissions.

RETENTION AND DISPOSAL: 

ICE is in the process of drafting a proposed record retention schedule for the information maintained in the Enforcement Integrated Database (EID). ICE anticipates retaining records of arrests, detentions and removals in EID for one-hundred (100) years; records concerning U.S. Marshals Service prisoners for ten (10) years; fingerprints and photographs collected using Mobile IDENT for up to seven (7) days in the cache of an encrypted government laptop; Enforcement Integrated Database Data Mart (EID-DM), ENFORCE Alien Removal Module Data Mart (EARM-DM), and ICE Integrated Decision Support (IIDS) records for seventy-five (75) years; user account management records (UAM) for ten (10) years following an individual’s separation of employment from Federal service; statistical records for ten (10) years; audit files for fifteen (15) years; and backup files for up to one (1) month.

ICE anticipates retaining records from the Fugitive Case Management System (FCMS) for ten (10) years after a fugitive alien has been arrested and removed from the United States; 75 years from the creation of the record for a criminal fugitive alien that has not been arrested and removed; ten (10) years after a fugitive alien reaches 70 years of age, provided the alien has not been arrested and removed and does not have a criminal history in the United States; ten (10) years after a fugitive alien has obtained legal status; ten (10) years after arrest and/or removal from the United States for a non-fugitive alien’s information, whichever is later; audit files for 90 days; backup files for 30 days; and reports for ten (10) years or when no longer needed for administrative, legal, audit, or other operations purposes.

SYSTEM MANAGER AND ADDRESS: 

Unit Chief, Law Enforcement Systems/Data Management, U.S. Immigration and Customs Enforcement, Office of Investigations Law Enforcement Support and Information Management Division, Potomac Center North, 500 12th Street, SW., Washington, DC 20536.

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security has exempted this system from the notification, access, and amendment procedures of the Privacy Act because it is a law enforcement system. However, ICE will consider individual requests to determine whether or not information may be released. Thus, individuals seeking notification of and access to any record contained in this system of records, or seeking to contest its content, may submit a request in writing to ICE’s FOIA Officer, whose contact information can be found at http://www.dhs.gov/foia under “contacts.”

When seeking records about yourself from this system of records or any other Departmental system of records your request must conform with the Privacy Act regulations set forth in 6 CFR Part 5. You must first verify your identity, meaning that you must provide your full name, current address and date and place of birth. You must sign your request, and your signature must either be notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. While no specific form is required, you may obtain forms for this purpose from the Chief Privacy Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-0486. In addition you should provide the following:

• An explanation of why you believe the Department would have information on you;

• Identify which component(s) of the Department you believe may have the information about you;

• Specify when you believe the records would have been created;

• Provide any other information that will help the FOIA staff determine which DHS component agency may have responsive records; and

• If your request is seeking records pertaining to another living individual, you must include a statement from that individual certifying his/her agreement for you to access his/her records.

Without this bulleted information the component(s) may not be able to conduct an effective search, and your request may be denied due to lack of specificity or lack of compliance with applicable regulations.

RECORD ACCESS PROCEDURES: 

See“Notification procedure” above.

CONTESTING RECORD PROCEDURES: 

See“Notification procedure” above.

RECORD SOURCE CATEGORIES: 

Records in the system are supplied by several sources. In general, information is obtained from individuals covered by this system, and other Federal, State, local, Tribal, or foreign governments. More specifically, DHS/ICE-011 records derive from the following sources:

(a) Individuals covered by the system and other individuals (e.g., witnesses, family members);

(b) Other Federal, State, local, Tribal, or foreign governments and government information systems;

(c) Business records;

(d) Evidence, contraband, and other seized material; and

(e) Public and commercial sources.

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Secretary of Homeland Security has exempted portions of this system of records from subsections (c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), and (e)(8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). In addition, the Secretary of Homeland Security has exempted portions of this system of records from subsections (c)(3); (d); (e)(1), (e)(4)(G), and (e)(4)(H) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). These exemptions apply only to the extent that records in the system are subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(2).

In addition, to the extent a record contains information from other exempt systems of records, DHS will rely on the exemptions claimed for those systems.

Dated: February 24, 2010. Mary Ellen Callahan,Chief Privacy Officer, Department of Homeland Security.

References

If you are in need of an Immigration DNA test, such as a paternity test, we can help. Contact us today for more information. 888-362-4339

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National DNA DAY – April 25th

posted by DNA Identifiers @ 12:42 PM
Tuesday, July 31, 2012

That’s right April 25th is National DNA Day.  It was proclaimed by both the US Senate and the House of Representative in 2003 and while you might not have the day off you might want to stop and think about just what DNA has done for us.

DNA Day is a remembrance of the day in 1953 when a gound breaking article on the structure of DNA was published as well as the the day that the Human Genome Project was completed in 2003.

DNA has made big changes in our lives whether we know it or not.  So this April take some time to think about DNA and some of it’s many uses:

1. In archeology DNA helps record genetic information of life on earth many centuries ago. This creates a data base that can be used to learn more about our planets past.

2. Genetic testing is used to determine the paternity or maternity of a child.

3. DNA testing can be used to help create a family tree or genealogical chart. Through genetic data bases one can trace lost relatives or find ancestors. Using both the Y chromosome and Mitochondrial DNA people can use DNA testing to establish ancestral lines (both remain unchanged for generations).

4. Prenatal genetic tests can help doctors determine whether or not the unborn fetus will have certain health problems.

5. DNA tests are also used to help solve murders and other crimes. In recent years many unsolved mysteries have been solved due to new ways of analysis as well as clearing many people found guilty of crimes that the did not commit.

6. DNA testing finds great use in the health field as DNA sometimes is the cause of rare medical conditions or heritable diseases.

7. Genetic testing is used in healths checks. For example it can be used to help determine the presence of viruses or cells that have mutated (causing cancer).

8. DNA tests are often used to reunite lost siblings or families or identify remains of the unknown. The genetics of a person leaves an indelible mark and this is used by police, military and authorities as well as individuals to confirm relationships.

9. DNA tests on new species or on material from outer space help scientists and researchers determine the origins of a species and where they stand with reference to known living forms.

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NFL’s Roddy White Embroiled In A Paternity Suit

posted by DNA Identifiers @ 12:19 PM
Tuesday, July 31, 2012

Stacey Hott claims Roddy is the biological father of her 4-month old baby boy. The Georgia woman said in her paternity suit, “[White] is a professional athlete capable of providing generous support for the minor child commensurate with his earnings.” She also requested that White take out a life insurance policy for himself, for the “benefit of the minor child,” according to TMZ an entertainment website. Roddy’s agent had no comment on the situation.

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UCLA Scientists Link Gene To Autism Risk

posted by DNA Identifiers @ 2:44 PM
Monday, July 30, 2012

Classic autism strikes boys four times more often than girls, with the inclusion of milder variations (Asperger syndrome) boys are ten times more likely than girls to be diagnosed than girls.

UCLA Scientists link genetic variant to autism risk. This discovery may explain the gap in autism cases between boys and girls. Dr. Stanley Nelson, professor of human genetics at the David Geffen School of Medicine at UCLA and his team narrowed their research on a region of chromosome 17 that previous studies have tied to autism. In that region they discovered a variant of a gene (a gene that is essentially the same as another, but has mutational differences) called CACNA1G. Dr. Stanley Nelson and his team looked at the DNA of 1,046 members of families with at least two sons affected by autism for common gene variants.

According to Dr. Stanley Nelson, “We wanted to identify what was happening in this region of chromosome 17 that boosts autism risk. When the same genetic markers kept cropping up in a single region of the DNA, we knew we had uncovered a big clue.”

The researcher team traced the genetic markers to CACNA1G. CACNA1G helps move calcium between cells. They discovered a common variant that appears in the DNA of nearly 40 percent of the population studied.

“This alternate form of CACNA1G consistently increased the correlation to autism spectrum disorders, suggesting that inheriting the gene may heighten a child’s risk of developing autism,” Nelson said, but he emphasized that it cannot be considered a risk factor on its own. “This variant is a single piece of the puzzle,” he said. “We need a larger sample size to identify all of the genes involved in autism and to solve the whole puzzle of this disease.”

This study was funded by the National Institute of Mental Health and Cure Autism Now. The DNA samples were provided by the Los Angeles–based Autism Genetic Resource Exchange (AGRE).

For more information see:

UCLA Newsroom

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The Importance Of DNA In Estate Planning

posted by DNA Identifiers @ 11:35 AM
Friday, July 27, 2012

Regardless of net worth, it is important for all individuals to have a basic estate plan in place.  This can be done with a family attorney or there are many online legal aid sites that can assist you in creating the proper document. Most often the biological children of deceased individuals have inheritance rights, DNA is being used more and more when estates are in question.

In some cases, previously unknown children can appear to claim part of the estate. Or, a greedy or unhappy family members may claim that a beneficiary is not a biological descendant of the deceased person. Depending on the timing of the claim, defending this claim could require exhumation or testing of autopsy specimens, neither of which is a pleasant process and which can be an expensive process.

DNA has emerged as a common tool in modern human identification and has magnificent and unparalleled applications in modern society. The best defense is a strong offense. In many cases proper legal registration of your DNA profile with your estate planner or attorney will help ensure legal and rightful administration of your estate, should the need arise.

The DNA relationship testing market has been growing steadily over the last twenty years.  Prices are decreasing and the easy of testing is increasing. Today, it is projected that the annual number of persons that will participate in some type of paternity or extended relationship test will exceed 1 million. In sharp contrast, it is estimated that less than 200,000 persons were tested in 1988. The increased demand for DNA testing has been fueled by greater public awareness of the power of DNA and the affordability and easy access to testing.

According to the National Center for Health Statistics, 2007 was a record year for births in the United States, there were 4,315,000 recorded births. Experts think that the increase has to do with a range of factors, including immigrants having more children, professional women delaying pregnancy until their 40s and a larger population of women in their 20s and 30s. These factors, coupled with the fact that 38.5% of all U.S. births in 2006 were from unwed mothers translates into an increasing need for education of families about the importance of knowing ones biological parents.

About DNA

DNA is the map of life and defines the essence of our individuality. Despite the size of the human genome, over 3.2 billion genetic markers, 99.9% of the DNA in all unrelated people in the world is identical. Thus, the vast differences observed in the human race are created from the minute differences in only 0.1% of DNA. An individual’s DNA can contain valuable information to help the lives of present and future generations. Locked in our DNA code are the secrets of our ancestry and medical conditions that scientists are only now beginning to understand.

PATERNITY

It is natural for families to want to know who the biological father of their baby is. Nationwide, approximately 30% of tested men are excluded as the biological father.  That means that 3 out of 10 test comes back as a negative result for paternity. A child has the right to the sense of identity that comes from knowing who both biological parents are. Knowledge of a child’s biological heritage is also very important in understanding future possible health risks. In addition, determining paternity gives a child legal right to receive financial support from the father and to inherit from the father.  This is the same if the mother is unknown.  In an era when adoption is a popular option it is important to remember that more and more people do not know either biological parent.

RELATIONSHIP TESTING

Relationship DNA testing can determine if a long lost brother or sister, grandparent, aunt or uncle is truly related to the family in question. DNA testing can also reveal if twins are identical or fraternal. Modern DNA testing can provide answers for a new world of relationships. Paternity testing can also be performed indirectly by testing relatives of an alleged father.

FORENSIC PATERNITY

If a person is deceased or unavailable for testing which is often the case in the question of estate settlement, forensic DNA testing can be an invaluable tool.  DNA can be found on evidence that is decades old. Common sources of forensic DNA evidence include: fingernail clippings, hair with roots or follicles, chewing gum, used beverage containers, eyeglasses, hats, lickable stamps or envelopes, teeth, post mortem tissue, a toothbrush, or cigarette butt.  The results that can be looked for from each item differs and it is best to contact your laboratory to see what items they recommend. For more infomation on DNA testing and how it can asssit you please contact DNA Identifiers.  Remeber regardless of you net worth it is important to have an estate plan in place and DNA can be an important part of your plan.

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Abandoned Mothers in Tanzania Seek Child Support With the Help of Sacramento State U.

posted by DNA Identifiers @ 12:52 PM
Thursday, July 26, 2012

Tanzanian Mother and Child

While on a climbing expedition to Mt. Kilimanjaro in 2001, Sacramento State biological science professor Ruth Ballard and a Graduate Student got the idea to create a Tanzanian DNA database based on the fact that there were still many tribes with unstudied DNA markers. When Ballard approached the Tanzanian government for permission, they asked her to develop a database for the entire country that would help establish and resolve paternity issues and crimes like rape, murder and theft.

“It was a bigger project than I first imagined,” Ballard said. “The government wanted me to leave their country a legacy. We would go out on ‘saliva safaris’ in a great, big vehicle for the day,” Ballard said. “We took over 1000 samples from many different tribes.”

According to the article in The State Hornet:

“Due to increasing industrial growth, many Tanzanian men have moved to other cities to find jobs. In the process, most have left their wives and children behind,” Ballard said. “These women and their children are left in abject poverty and are desperate for the ability to force the men to pay for their kids. It’s a bad situation…the women want it solved.”

Ballard, along with agencies that help women and children rise above poverty, is working on trying to make the paternity test affordable and accessible to all women.

If the government enforces the paternity law in a stricter manner, the goal of making the test more readily available for women will be possible.

The team’s next goal involves building a new forensics laboratory in Tanzania so Tanzanian researchers can update their database independently without the need for outside help. The database will play a huge role in helping Tanzanian people with their paternity issues, Ballard said.

Professor Ballard has announced that the Tanzanian database will be featured in the Journal of Forensic Sciences in January.


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Challenging Paternity with DNA Tests

posted by DNA Identifiers @ 12:12 PM
Thursday, July 26, 2012

Paternity for many is a tough issue, both emotionally and legally. Paternity is assigned to men and boys in a few ways. The first is by marriage. Men are automatically assumed to be the father if they are married to the mother or in many states if they attempted to marry the mother and did not do so in a legal manner. The second is by voluntary acknowledgment. This is a typically a form that is signed in the hospital prior to the release of the mother and child. The third is by court judgment.

Most if not all states have a law that looks something like this:

(1) A man is presumed to be the father of a child if:

(a) He and the mother of the child are married to each other and the child is born during the marriage;

(b) He and the mother of the child were married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, dissolution of marriage, legal separation, or declaration of invalidity;

(c) Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is, or could be, declared invalid and the child is born during the invalid marriage or within three hundred days after its termination by death, annulment, dissolution of marriage, legal separation, or declaration of invalidity; or

(d) After the birth of the child, he and the mother of the child have married each other in apparent compliance with law, whether or not the marriage is, or could be declared invalid, and he voluntarily asserted his paternity of the child, and:

(i) The assertion is in a record filed with the state registrar of vital statistics;

(ii) Agreed to be and is named as the child’s father on the child’s birth certificate; or

(iii) Promised in a record to support the child as his own.

(RCW 26.26.116 Presumption of paternity in context of marriage. on leg.wa.gov)

While this law might seem reasonable to many it does not take into account that it is estimated that 40% of wives will have an affair at some point in their marriage (www.caughthercheating.com) What if that child is not the husbands?

The second way is for the father and mother to sign Voluntary Acknowledgment of Paternity form at the hospital when you have your baby. The hospital staff will give you this form and help you complete it. When you and the child’s father sign the Voluntary Acknowledgment of Paternity form, the father’s name will be placed on the birth certificate.

If you and the baby’s father are unable to sign the Voluntary Acknowledgment of Paternity form at the hospital, you may complete it at home. Your signature must be witnessed by someone over 18 years old, and by a person not named on the voluntary acknowledgment.

You don’t have to be the biological father to sign this form there is no proof required you are stating you are the father and will be responsible the moment you sign this from. Most states but not all have laws that allow you to challenge paternity that is assigned based on the Voluntary Acknowledgment of Paternity. They typically have a set time period with in which you can contest your paternity.

The third way is to have paternity assigned to you by a court. This can happen if the alleged father does not responded to a woman’s claim for paternity or if the Judge or Jury feels that it is in the best interest of the child. For example a section of Missouri’s bill requires courts to balance the best interests of the child and the hardships of the man who is contesting paternity regardless of a DNA test proving that he is not the father.

“James McClendon knows he’s not the biological father of his ex-girlfriend’s 16-year-old son. He’s got a DNA test to prove it. But his wages are trimmed each month to pay thousands in child support debt. McClendon, who lives in St. Louis, has been fighting a 10-year legal battle to overturn a paternity ruling that says he’s the child’s father. Between legal bills, supporting his three biological children and several failed jobs, he’s built up $25,000 in child support debt.” (States move to allow DNA paternity challenges, By LEE LOGAN The Associated Press www.kansascity.com)

Stories like this are not all that uncommon unfortunately and have been a leading reason why in over 30 states laws are being or have been enacted to allow men to challenge paternity with a DNA test. A major force lobbying for changes to paternity laws is Carnell Smith, an engineer in Atlanta. Smith successfully lobbied for a Georgia law that allows men to challenge paternity at any time. Smith who calls himself a victim of “paternity fraud,” used this same law to erase his own paternity ruling in 2003. Carnell Smith has formed a national organization lobbing for similar laws in other states.

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Paternity Fraud – Still An Issue

posted by DNA Identifiers @ 12:09 PM
Thursday, July 26, 2012

In 2007 Bert Riddick escaped a child-support order for a girl he says he has never met and has proof that he is not her father.  Thanks to a 2004 California Law.  Governor Arnold Schwarzenegger signed a bill to allow men to challenge the paternity of children for whom they owe support.  A similar law came before Governor Davis in 2002 but he chose to veto it. In explaining his veto, Davis said that if AB 2240 became law the state might not meet federal requirements on collecting child-support payments, putting California at risk of losing $40 million in federal funds.

After Governor Arnold Schwarzenegger signed the new bill into law Carnell Smith, founder of the U.S. Citizens Against Paternity Fraud based out of Decatur, GA stated, “It’s well overdue.”  His orgonization counts California as the 24th state with some type of “paternity fraud” law.  The California law will help thousands of men who have been assigned child support orders “by default,” as well as men who signed “confessions of paternity” said Mr. Smith.  This is a personal issue for Mr. Smith, who successfully lobbied for a “paternity fraud” law in Georgia after discovering he was paying for a child he did not father.

California’s new law sets time limits on paternity challenges like many other paternity fraud laws. In California Men can file protests within two years of being ordered to pay child support or within two years of the child’s birth.

Men such as Mr. Riddick, who have known for years they are supporting someone else’s child, also will now be able to challenge their child-support orders under the law.

Advocates said that, the California law passed the Legislature with virtually unanimous support because it was a compromise bill.  A stronger “paternity fraud” bill had been offered in the state Senate, according to lawyer Marc Angelucci, a leader of the National Coalition of Free Men. However, the Senate bill, was opposed by California child- support officials as well as feminist groups who viewed it as a “get-out-of-jail-free card.”

There has been a growing sence of alarmed between Feminist and child-support groups concerning the growing support for what they refer to as the paternity “disestablishment.” They argue that biology is not always paramount in family relationships, and ending established support for a child is rarely in the child’s best interest.

Stories like Mr. Riddick’s are not uncommon.  He stated that he was assigned a child support payment by default after an ex-girlfriend named him the father of her child. Mr. Riddick said he found out he wasn’t the father in 1996 two years after the child support order went into effect when he was arrested as “a deadbeat dad.” The criminal-court judge ordered DNA testing for Mr. Riddick, the mother and the child. “It showed I had a 0 percent chance of being the father of this child,” he said.

The criminal-court judge threw out the charge, but when Mr. Riddick tried to get his child- support order overturned in civil court, state officials refused.  ”They said the criminal court case had nothing to do with the civil case and I would still have to pay child support for 18 years,” Mr. Riddick said. “And I’ve never even seen this kid.”

While many states have started to enact paternity fraud laws and allow men to challenge paternity not all do.  You need to know your states individual paternity laws and seek help if you find your self in over your head.

 

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