Sec. 4. DNA testing

419 words·~2 min read·/bill/115/hr/6594/ih/section-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Before utilizing DNA testing to determine family relationships, DHS and HHS shall use other techniques commonly utilized by United States courts for determining family relationships, including official documents, representations from a witness, parent, relative, or child, and observations of interactions between the adult and the child. DNA testing may not be required as a condition of reunification if alternative means of demonstrating a familial relationship have been established.

If reasonable suspicions remain about a familial relationship after exhausting the techniques referred to in subsection (a), DNA testing may be used. DHS and HHS shall develop protocols for establishing a familial relationship if an individual does not want to consent to DNA testing or may not have a biological relationship with a child. Whenever DNA testing is used, DHS and HHS shall use the least privacy-invasive type of DNA test available to confirm the claimed relationship and may not charge the child or apprehended parent or legal guardian for the costs of conducting such testing.

DHS and HHS shall— obtain the consent of any individual older than 18 years of age before conducting a DNA test; make every effort to obtain the consent of a legal guardian before conducting a DNA test on anyone younger than 18 years of age; and destroy DNA samples as soon as possible and not later than 7 days after completing the required DNA matching tests to minimize any potential misuse of genetic information collected under this subsection. If DNA testing is used for the purposes of reunification, DHS and HHS shall ensure the protection of privacy, genetic data, and personal information of children, parents, all individuals being tested, and their relatives.

DHS, HHS, and private entities may only access, use, or store any personal DNA information collected under this subsection for family reunification purposes and are prohibited from sharing any such information with Federal agencies other than those carrying out the reunification process. Information collected under this section may not be used by the Federal Government for any other purpose, including criminal or immigration enforcement. As soon as a DNA match is identified, DHS and HHS shall reunite family members as expeditiously as possible.

A refusal to consent to a DNA test or the failure to identify a match between a child and an apprehended parent may not be used as a basis for concluding that there is no familial relationship between such child and such parent if— the familial relationship is not biological; or the familial relationship may be established through alternative means.