1. (a) This section applies whenever a child who was born out of wedlock is:

   1. (1) or is alleged to be a child in need of services; and
   2. (2) under the supervision of the department or a local office as a result of a court ordered out-of-home placement.

2. (b) The department or the local office shall refer a child's case to the local prosecuting attorney's office for the filing of a paternity action if the:

   1. (1) identity of the alleged father is known; and

   2. (2) department or the local office reasonably believes that establishing the paternity of the child would be beneficial to the child.

      The local prosecuting attorney's office shall file a paternity action regarding each case that is referred under this subsection. The department shall sign the paternity petition as the child's next friend.

As added by P.L.103-1997, SEC.5. Amended by P.L.145-2006, SEC.305; P.L.128-2012, SEC.162.