Sec. 3. (a) The department or a prosecuting attorney operating under an agreement or contract described in IC 31-25-4-13.1, may file a paternity action as next friend of the child if:
(1) the mother;
(2) the person with whom the child resides;
(3) the department; or
(4) the alleged father;
has executed an assignment of support rights or applied for IV-D services under Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669) and IC 31-25-4-19.
(b) A filing under subsection (a) by the department or prosecuting attorney must be made within the period that would apply if the child were filing on the child's own behalf under IC 31-14-5-2.