North Dakota Code 14-19-06 – Hospital-based program for acknowledgment of paternity – Effect of noncompliance
1. During the period immediately preceding or following the birth of a child to an unmarried woman in a birthing hospital, the hospital, at a minimum, shall:
Terms Used In North Dakota Code 14-19-06
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. Provide to the mother and the alleged father, if the alleged father is present in the hospital:
(1) Written materials about paternity establishment; (2) The forms necessary to voluntarily acknowledge paternity; (3) A written and oral description of the rights, responsibilities, and legal consequences of acknowledging paternity; and
(4) The opportunity to speak, either by telephone or in person, with staff who are trained to clarify information and answer questions about paternity establishment; b. Provide the mother and the alleged father, if the alleged father is present, the opportunity to voluntarily acknowledge paternity in the hospital; c. Afford due process safeguards by informing, in writing, the mother and the alleged father, if the alleged father is present, of the manner in which a relationship of father and child established under this chapter may be vacated or rescinded; and
d. Forward completed acknowledgments to the department.
2. The department may withhold medical assistance payments from any hospital that fails to comply with this section. At least thirty days in advance of any withholding, the department shall notify the hospital of the department’s intention to withhold medical assistance payments from the hospital. The hospital may appeal the decision to withhold medical assistance benefits to the department.