(1) Upon motion of the court or any of the interested parties, genetic tests or other tests of inherited characteristics shall be ordered and the results received in evidence, as provided in section 13-25-126. Upon agreement of the mother and the presumed or alleged father or fathers, genetic tests or other tests of inherited characteristics may be administered prior to filing of an action. If the action is then filed, the test results must be admitted into evidence as provided in section 13-25-126.
(2) (a) A delegate child support enforcement unit is authorized to produce, issue, and serve a subpoena to compel a party in a juvenile court case to appear, at a specified location and time, for a genetic test sample that is collected for assistance in paternity determination. The subpoena must allow a lab-certified child support enforcement unit sample collector, an accredited genetic-testing laboratory company, a health clinic, or a hospital to conduct a buccal swab or other lab-approved collection method of the alleged father, mother, and child whose paternity is at issue. The sample may then be used for paternity testing purposes, provided appropriate chain-of-custody documentation is followed. Test results obtained through the subpoena may be admitted as evidence pursuant to section 13-25-126. The subpoena may be served by first-class mail or by electronic means, if that notice preference by the party is documented.
(b) If a party fails to honor the first subpoena, the delegate child support enforcement unit may issue a second subpoena or file the appropriate motion with the court to compel compliance with a judicial genetic testing order pursuant to section 13-25-126. If the delegate child support enforcement unit issues a second subpoena and that subpoena is not honored, the delegate child support enforcement unit may file the appropriate motion with the court to compel compliance with a judicial genetic testing order pursuant to section 13-25-126. A nonappearance default may be sought against a nonappearing party only after a judicial genetic testing order is not honored. Source: L. 87: Entire title R&RE, p. 796, § 1, effective October 1. L. 91: Entire section amended, p. 254, § 11, effective July 1. L. 2018: Entire section amended, (HB 18-1363), ch. 389, p. 2322, § 2, effective August 8.
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-6-112 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Notes of Decisions
People ex rel. J.A.U. v. R.L.C., 47 P.3d 327 (Colo. 2002).
· cites it 20× “Whether C.R.S. § 19-4-112, when read in its entirety mandates an order for genetic testing at any time in a paternity proceeding, including after a legal adjudication of paternity has been entered.”
In re R.H.N., 710 P.2d 482 (Colo. 1985).
· cites it 6× “Section 19-4-112(2)(d), 8 C.R.S. (1978), provides that a court may not enter a final decree of adoption unless the adoption is in “the best interests of the child.”
N.A.H. v. S.L.S., 9 P.3d 354 (Colo. 2000).
· cites it 2× “Section 19-4-112, 6 C.R.S. (1999) also provides, "[ulpon motion of the court of any of the interested parties, genetic tests .”
In Matter of Petition of Jaa, 618 P.2d 742 (Colo. Ct. App. 1980).
· cites it 4× “As pertinent here § 19-4-112, C.R.S. 1973, provides for a hearing on the petition for adoption, for a decree setting forth the court’s findings, and for a final decree of adoption if the court is satisfied as to: the availability of the child for adoption; and the fact that the…”
T.C.H. v. J.M.S., 545 P.2d 1357 (Colo. 1976).
· cites it 3× “1963, 22-4-12(2); now section 19-4-112(2), C.R.S. 1973.”
Eagan v. Ayd, 545 A.2d 55 (Md. 1988).
· cites it 2× “1987); Colo. Rev. Stat. § 19-4-112 (1987 Cum.Supp.”
People ex rel. J.A.U., 33 P.3d 1237 (Colo. Ct. App. 2001).
· cites it 4× “The trial court reasoned that, because the issue of paternity had been finally determined, § 19-4-112 did not apply. Arguing that his motion for genetic testing placed paternity at issue, father contends that the trial court erred in denying the motion.”
D.R.R. v. R.L.S., 807 P.2d 1201 (Colo. Ct. App. 1990).
· cites it 5× “He argues that the affiants’ statements regarding the results of the blood tests were inadmissible because the chain of custody of the blood specimens had not been established.”
People Ex Rel. JAU v. RLC, 47 P.3d 327 (Colo. 2002).
· cites it 20× “Whether C.R.S. § 19-4-112, when read in its entirety mandates an order for genetic testing at any time in a paternity proceeding, including after a legal adjudication of paternity has been entered.”
Collier v. Krane, 763 F. Supp. 473 (D. Colo. 1991).
· cites it 2× “See Colo. Rev.Stat. § 19-4-112. Due to the nature of the prospective parents’ interest involved here, due process requirements do not come into play.”
Nah v. Sls, 9 P.3d 354 (Colo. 2000).
· cites it 3× “§ 19-4-112; see also § 13-25-126; R.McG., 615 P.”
People in Interest of AD, 706 P.2d 7 (Colo. Ct. App. 1985).
· cites it 2× “), § 19-4-112(2)(d), C.R.S. (1978 Repl.Vol. 8); and In re Petition of J.”
— Colo. Rev. Stat. § 19-4-112(2) — 3 cases
T.C.H. v. J.M.S., 545 P.2d 1357 (Colo. 1976).
“1963, 22-4-12(2); now section 19-4-112(2), C.R.S. 1973.”
— Colo. Rev. Stat. § 19-4-112(2)(d) — 3 cases
In re R.H.N., 710 P.2d 482 (Colo. 1985).
“Section 19-4-112(2)(d), 8 C.R.S. (1978), provides that a court may not enter a final decree of adoption unless the adoption is in “the best interests of the child.”
People in Interest of AD, 706 P.2d 7 (Colo. Ct. App. 1985).
“), § 19-4-112(2)(d), C.R.S. (1978 Repl.Vol. 8); and In re Petition of J.”
— Colo. Rev. Stat. § 19-4-112(4) — 1 case
In Matter of Petition of Jaa, 618 P.2d 742 (Colo. Ct. App. 1980).
“As pertinent here § 19-4-112, C.R.S. 1973, provides for a hearing on the petition for adoption, for a decree setting forth the court’s findings, and for a final decree of adoption if the court is satisfied as to: the availability of the child for adoption; and the fact that the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.