Chapter 5101:12-40 Paternity

5101:12-40-01 Distribution of paternity acknowledgement affidavit and brochure.

(A) In accordance with sections 3111.32 and 3111.33 of the Revised Code, the Ohio department of job and family services (ODJFS) shall make the "Unmarried Parents: The Acknowledgement of Paternity Brochure" and the JFS 07038, "Acknowledgement of Paternity Affidavit" (rev. 12/06), available to the Ohio department of health, to each hospital ODJFS has a contract with pursuant to section 3727.17 of the Revised Code, and to any individual that requests a pamphlet.

(B) In accordance with section 3111.33 of the Revised Code, ODJFS shall make the JFS 07038 available to each child support enforcement agency (CSEA) and any other agency that requests a JFS 07038.

Replaces: 5101:1-32-23

Effective: 12/15/2006
R.C. 119.032 review dates: 12/01/2011
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3111.32 , 3111.33
Prior Effective Dates: 7/15/92, 7/1/02

5101:12-40-05 Determination of the existence or non-existence of a father and child relationship.

(A) The following terms and definitions apply throughout division 5101:12 of the Administrative Code:

(1) "Alleged father" means a man who is believed to be or believes himself to be the natural father of a child but a final and enforceable determination of paternity regarding that man and child does not exist.

(2) "Birth record" has the same meaning as in section 3705.01 of the Revised Code.

(3) "Central paternity registry" (CPR) is the birth registry maintained by the office of child support (OCS) in the Ohio department of job and family services (ODJFS) in accordance with section 3111.64 of the Revised Code.

(4) "Determine the existence or non-existence of a father and child relationship" refers to the administrative or judicial process that will determine whether or not a man is the father of a child when there is not a final and enforceable determination of paternity.

(5) "Disestablish paternity" means to attempt to overturn or reverse a final and enforceable determination of paternity.

(6) A "final and enforceable determination of paternity" exists when:

(a) In accordance with section 3111.25 of the Revised Code, the mother and father signed a JFS 07038, "Acknowledgment of Paternity" (rev. 12/2006), and neither the mother nor the father brought an action under section 3111.27 of the Revised Code within sixty days of the signing to request the JFS 07038 be rescinded, and the JFS 07038 has been determined to be completed correctly;

(b) In accordance with section 3111.49 of the Revised Code, a child support enforcement agency (CSEA) issued a JFS 07774, "CSEA Administrative Order - Establishment of Paternity" (rev. 11/2001), or JFS 07771, "CSEA Administrative Order - Non-existence of Child-Parent Relationship"

(rev. 1/2006), and neither the mother, alleged father, nor guardian or custodian of the child brought an action under sections 3111.01 to 3111.18 of the Revised Code within thirty days of the issuance of the administrative order to object to the administrative order;

(c) A court issued an order determining that the man is the father of the child or that the child was born as a product of the marriage and neither party to the order objected to the order;

(d) In accordance with section 3111.821 , an administrative child support order was issued or, in accordance with section 2151.232 of the Revised Code, a court support order was issued and neither party to the order raised the issue of the existence or nonexistence of a parent and child relationship although paternity was presumed pursuant to division (A)(3) of section 3111.03 of the Revised Code and as described in rule 5101:12-40-10 of the Administrative Code;

(e) In accordance with section 3111.95 of the Revised Code, the husband of a married woman consented to artificial insemination; or

(f) Another state or country has established a final and enforceable determination of paternity under the laws of that state or country, regardless of whether the determination of paternity was made pursuant to a voluntary acknowledgement of paternity, an administrative proceeding, or a court proceeding. The CSEA shall give full faith and credit to a final and enforceable determination of paternity made by another state or country.

(7) "Genetic testing" and "genetic tests" mean: Tissue or blood tests, including tests that identify the presence or absence of common blood group antigens, the red blood cell antigens, human lymphocyte antigens, serum enzymes, serum proteins, or genetic markers; or deoxyribonucleic acid typing of blood or buccal cell samples. "Genetic test" and "genetic testing" may include the typing and comparison of deoxyribonucleic acid derived from the blood of one individual and buccal cells of another.

(B) In accordance with Chapter 3111. of the Revised Code, the CSEA shall determine the existence or nonexistence of a father and child relationship when:

(1) The child was born out-of-wedlock and:

(a) The child receives Ohio works first (OWF), Title IV-E foster care maintenance, or medicaid benefits in the same county as the CSEA; or

(b) The CSEA receives a request to determine the existence or non-existence of a father and child relationship, as described in rule 5101:12-40-20 of the Administrative Code, by:

(i) The child's mother or her personal representative;

(ii) A man alleged or alleging himself to be the father of the child or his personal representative;

(iii) The child or the child's personal representative, guardian, or custodian; or

(iv) The court pursuant to division (D) of section 3111.381 of the Revised Code.

(2) There is a presumption of paternity and:

(a) The CSEA receives a request to determine the existence or non-existence of a father and child relationship, as described in rule 5101:12-40-20 of the Administrative Code, by:

(i) The child's mother or her personal representative;

(ii) A man alleged or alleging himself to be the father of the child or his personal representative;

(iii) The child or the child's personal representative, guardian, or custodian; or

(b) Either the mother or the presumed father disputes paternity during an administrative or court child support hearing.

(C) In accordance with section 3111.38 of the Revised Code, the CSEA in the county in which the child or the guardian or legal custodian of the child resides shall determine the existence or non-existence of a father and child relationship.

In accordance with section 3111.39 of the Revised Code, when more than one CSEA receives a request to determine the existence or non-existence of a father and child relationship concerning the same child that meets the requirements described in this paragraph, the CSEA that receives the request first shall act on the request. When a CSEA that receives a request is not the appropriate CSEA for the filing of the request, the CSEA shall forward the request to the CSEA in which the child or the guardian or legal custodian of the child resides.

(D) Pursuant to section 3111.381 of the Revised Code, the CSEA shall attempt to determine the existence or non-existence of a father and child relationship through an administrative action and, when the administrative action is unsuccessful, by bringing a court action.

Pursuant to division (E) of section 3111.381 of the Revised Code, if the alleged father of a child is deceased and proceedings for the probate of the estate of the alleged father have been or can be commenced, the court with jurisdiction over the probate proceedings shall retain jurisdiction to determine the existence or nonexistence of a parent and child relationship between the alleged father and any child without an administrative determination being requested from a child support enforcement agency.

(E) Pursuant to section 3111.05 of the Revised Code, an action to determine the existence or non-existence of a father and child relationship may be brought up to and including the child's twenty-third birthday.

(F) Disestablishing paternity.

When there is a final and enforceable determination of paternity, the CSEA:

(1) Shall not assist either party in an action to disestablish paternity;

(2) Shall intervene in an action to disestablish paternity in order to defend support collections assigned to the Ohio department of job and family services; and

(3) May intervene in an action to disestablish paternity in order to defend a paternity determination or a support order.

Replaces: 5101:12-40-05, Part of 5101:1-30-29

Effective: 12/15/2006
R.C. 119.032 review dates: 12/01/2011
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3111.04 , 3125.03 , 3125.25
Prior Effective Dates: 8/1/82, 8/1/90, 7/15/92, 9/1/93, 7/1/96, 1/1/97, 1/1/98, 7/1/02, 4/18/03, 2/1/05

5101:12-40-10 Presumption of paternity.

(A) In accordance with division (A) of section 3111.03 of the Revised Code, a man is presumed to be the natural father of a child when a final and enforceable determination of paternity does not exist and:

(1) The man and the child's mother are married to each other and the child is born during the marriage;

(2) The man and the child's mother are married to each other and the child is born after the man and the child's mother file a separation agreement in court;

(3) The man and the child's mother have been married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, divorce, or dissolution;

(4) The man and the child's mother attempted, before the child's birth, to marry each other by a marriage that was solemnized in apparent compliance with the law of the state in which the marriage took place, the marriage is or could be declared invalid, and either of the following applies:

(a) The marriage can only be declared invalid by a court and the child is born during the marriage or within three hundred days after the termination of the marriage by death, annulment, divorce, or dissolution; or

(b) The attempted marriage is invalid without a court order and the child is born within three hundred days after the termination of cohabitation; or

(5) A JFS 07038, "Acknowledgment of Paternity Affidavit" (rev. 12/2006), has been filed with the central paternity registry and the JFS 07038 has not become final under former section 3111.211 or 5101.314 or section 2151.232 , 3111.25 , or 3111.821 of the Revised Code.

(B) In accordance with division (C) of section 3111.03 of the Revised Code, certain presumptions that existed in law prior to March 22, 2001, and were subsequently removed from the statute remain valid on and after that date unless rebutted. These presumptions include:

(1) Between June 24, 1982, and December 31, 1997, a man, with his consent, is named as the child's father on the birth certificate or signs the child's birth certificate as an informant as provided in section 3705.14 of the Revised Code and a final and enforceable determination of paternity has not been issued; and

(2) Between April 11, 1991, and December 31, 1997, genetic testing results indicated a probability of paternity of ninety-five per cent or greater but less than ninety-nine per cent that a man is the biological father of the child and a final and enforceable determination of paternity has not been issued.

(C) A presumption of paternity can only be rebutted by clear and convincing evidence that includes the results of genetic testing. In accordance with division (B) of section 3111.03 of the Revised Code, a presumption that arises when the husband of a married woman consented to artificial insemination or embryo donation is conclusive and cannot be rebutted, pursuant to section 3111.95 or 3111.97 of the Revised Code.

(D) If two or more conflicting presumptions arise and there is not a final and enforceable determination of paternity as described in rule 5101:12-40-05 of the Administrative Code, the child support enforcement agency(CSEA) shall request the court to determine which presumption controls.

Replaces: 5101:12-40-10

R.C. 119.032 review dates: 05/16/2012 and 05/16/2017
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3111.03 , 3111.95 , 3125.03
Prior Effective Dates: 7/15/92, 9/1/93, 6/21/96, 1/1/98, 8/1/98, 12/1/01, 09/01/05, 12/15/06

5101:12-40-10.4 Monthly administration of support orders. [Rescinded].

Rescinded eff 7-1-06

5101:12-40-15 Acknowledgment of paternity.

(A) The mother of a child and a man alleging himself to be the natural father of the child may sign a JFS 07038, "Acknowledgment of Paternity Affidavit" (rev. 12/2006), at a child support enforcement agency (CSEA). The mother and man may sign the JFS 07038 outside of each other's presence. The CSEA shall provide a notary public to notarize the JFS 07038.

(1) The CSEA shall determine whether there is a man presumed to be the father of the child.

(2) No later than ten days after a JFS 07038 has been signed and notarized at the CSEA, the CSEA shall send the JFS 07038 to the CPR. The CSEA shall attach a JFS 07039, "CSEA Transmittal Log" (12/2006), to the JFS 07038.

(3) When the CSEA knows a man is presumed to be the father of a child and that a man other than the presumed father signed the JFS 07038 with respect to the child, the CSEA shall not notarize the JFS 07038 or send the JFS 07038 to the central paternity registry (CPR).

(B) A JFS 07038 may be filed, in person or by mail, with the CPR by any of the following:

(1) The natural mother, the man acknowledging that he is the natural father, or the other custodian or guardian of a child in accordance with section 3111.23 of the Revised Code;

(2) A local registrar of vital statistics pursuant to section 3705.091 of the Revised Code; or

(3) A hospital staff person pursuant to section 3727.17 of the Revised Code.

(C) The CSEA shall not initiate action to overturn or withdraw a JFS 07038 that has been filed with the CPR when a man presumed to be the father of a child was not the man who signed the JFS 07038. When one of the parties brings an action to rescind the JFS 07038, the CSEA shall proceed as described in rule 5101:12-40-17 of the Administrative Code.

(D) In accordance with section 3111.25 of the Revised Code, a JFS 07038 is final and enforceable without ratification by a court when the JFS 07038 has been filed with the CPR, the information on the JFS 07038 has been entered in the birth registry, and the JFS 07038 has not been rescinded and is not subject to rescission as described in paragraph (A)(1) of rule 5101:12-40-17 of the Administrative Code.

In accordance with section 3111.81 of the Revised Code, a JFS 07038 that has not become final shall be considered final as of the date of the issuance of an administrative support order when a request is made for an administrative support order and neither party to the administrative order raised the issue of the existence or non-existence of a father and child relationship.

(E) When the JFS 07038 becomes final and enforceable, the man who signed the JFS 07038 assumes the parental duty of support.

Replaces: 5101:12-40-15

Effective: 12/15/2006
R.C. 119.032 review dates: 12/01/2011
Promulgated Under: 119.03
Statutory Authority: 3111.35 , 3125.25
Rule Amplifies: 3111.22 , 3111.25 , 3125.03
Prior Effective Dates: 7/15/92, 9/1/93, 6/21/96, 1/1/98, 8/1/98, 12/1/01, 9/1/05

5101:12-40-17 Rescinding an acknowledgment of paternity.

(A) The following administrative processes to rescind a JFS 07038, "Acknowledgment of Paternity Affidavit" (rev. 12/2006), may be initiated at the child support enforcement agency (CSEA):

(1) In accordance with section 3111.27 of the Revised Code and except as provided in section 2151.232 or 3111.821 of the Revised Code, one of the persons who signed a JFS 07038 that has been filed with the central paternity registry (CPR) may initiate an action to rescind the JFS 07038 not later than sixty days after the date of the latest signature on the JFS 07038. To rescind the JFS 07038, the following must occur:

(a) The person requesting the rescission must do both of the following:

(i) Request that a CSEA make an administrative determination of the existence or non-existence of a father and child relationship, as described in rules 5101:12-40-20 to 5101:12-40-20.2 of the Administrative Code, between the man who signed the JFS 07038 and the child who is the subject of it; and

(ii) Complete a JFS 07029, "Request for Paternity Determination and Notification to Central Paternity Registry" (rev. 06/2001);

(b) The CSEA that received the JFS 07029 shall submit the JFS 07029 and the JFS 07038 to the CPR within three business days of receipt and proceed with determining the existence or non-existence of a father and child relationship; and

(c) Within ten days of issuing a JFS 07774, "CSEA Administrative Order - Establishment of Paternity" (rev. 11/2001), or JFS 07771, "CSEA Administrative Order - Non-existence of Child-Parent Relationship" (rev. 1/2006), the CSEA shall send the following to the CPR:

(i) A copy of the JFS 07774 or JFS 07771;

(ii) A copy of the JFS 07029;

(iii) The original JFS 07723, "Administrative Order to Modify the Birth Record" (12/2006); and

(iv) A JFS 07039, "CSEA Transmittal Log" (12/2006).

(2) In accordance with section 3111.821 of the Revised Code, a JFS 07038 that has not become final may be rescinded as described in paragraph (A) of rule 5101:12-45-05.2 of the Administrative Code.

(B) The following judicial actions to rescind a JFS 07038 may be brought by one of the persons specified in paragraphs (B)(1) and (B)(2) of this rule. The CSEA shall not initiate these judicial actions to rescind a JFS 07038.

(1) In accordance with section 3111.28 of the Revised Code, no later than one year after the JFS 07038 becomes final, a man presumed to be the father of the child pursuant to section 3111.03 of the Revised Code who did not sign the JFS 07038, either person who signed the JFS 07038, or a guardian or legal custodian of the child may bring an action to rescind the acknowledgment on the basis of fraud, duress, or material mistake of fact. The action may be brought in a court in the county in which the child, the guardian or custodian of the child, or either person who signed the acknowledgment resides.

(2) In accordance with section 3119.961 , a person may file a motion for relief from a JFS 07038 that determines that the person or male minor referred to in division (B) of section 3109.19 of the Revised Code is the father of a child. The person is required to file the motion in the juvenile court or other court with jurisdiction of the county in which the person or the child who is the subject of the JFS 07038 resides.

Replaces: 5101:12-40-17, Part of 5101:1-30-29

Effective: 12/15/2006
R.C. 119.032 review dates: 12/01/2011
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3111.27 , 3111.28 , 3125.03
Prior Effective Dates: 8/1/82, 8/1/90, 7/15/92, 9/1/93, 6/21/96, 1/1/97, 1/1/98, 8/1/98, 12/1/01, 4/18/03, 9/1/05

5101:12-40-20 Administrative determination of the existence or non-existence of a father and child relationship.

(A) This rule and its supplemental rules describe the process by which a child support enforcement agency (CSEA) shall administratively determine the existence or non-existence of a father and child relationship.

(B) In accordance with section 3125.36 of the Revised Code, the CSEA shall make a IV-D application available to all persons who request the CSEA determine the existence or non-existence of a father and child relationship. Pursuant to division (D) of section 3111.381 of the Revised Code, when a court requests the CSEA to determine the existence or non-existence of a father and child relationship a IV-D application must be completed and delivered to the CSEA.

(C) Pursuant to section 3111.40 of the Revised Code, a request for an administrative determination of the existence or non-existence of a father and child relationship shall contain all of the following information:

(1) The name, birth date, current address of the alleged father of the child;

(2) The name, social security number, and current address of the mother of the child;

(3) The name and last known address of the alleged father of the child; and

(4) The name and birth date of the child.

Replaces: 5101:12-40-20, Part of 5101:1-30-29

R.C. 119.032 review dates: 11/26/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3111.38 , 3111.40 , 3125.03
Prior Effective Dates: 8/1/82, 8/1/90, 7/15/92, 9/1/93, 6/21/96, 1/1/97, 1/1/98, 8/1/98, 12/1/01, 4/18/03, 9/1/05, 12/15/06

5101:12-40-20.1 Scheduling and conducting genetic tests.

(A) Upon receipt of a request for the determination of the existence or non-existence of a father and child relationship that contains the information described in paragraph (C) of rule 5101:12-40-20 of the Administrative Code, the child support enforcement agency(CSEA) shall assign an administrative officer to consider the request.

(B) The CSEA shall schedule genetic tests for a date that is no later than forty-five days after the administrative officer has been assigned.

(C) The CSEA shall issue the JFS 07754, "Notice of Request for Paternity Determination and Order to Appear for Genetic Tests" (rev. 11/2001), to the natural mother of the child, each man presumed to be the father of the child, and each man alleged to be the natural father of the child. In accordance with section 3111.421 of the Revised Code, the JFS 07754 shall be sent in accordance with the Rules of Civil Procedure as described in rule 5101:12-30-10 of the Administrative Code.

(D) Pursuant to section 3111.44 of the Revised Code, after issuing a JFS 07754, the administrative officer may schedule a conference with the mother and the alleged father to provide information. If a conference is scheduled and no other man is presumed to be the father of the child , the administrative officer shall provide the mother and alleged father the opportunity to sign a JFS 07038, "Acknowledgment of Paternity" (rev. 12/2006). Should they sign the JFS 07038, the administrative officer shall cancel the genetic testing order the officer had issued. Regardless of whether a conference is held, when the mother and alleged father do not sign a JFS 07038 or when the JFS 07038 cannot be notarized or filed because another man is presumed to be the father of the child, the child, the mother, and the alleged father shall submit to genetic testing in accordance with the order issued by the administrative officer.

(E) In accordance with section 3111.43 of the Revised Code, when a CSEA is unable to obtain service of process of the JFS 07754 on the presumed father, alleged father, or natural mother of the child within the timeframe prescribed in paragraph (B) of this rule, the CSEA shall proceed with collecting genetic testing samples from all of those persons who are present on the date the genetic testing is scheduled.

When service of process has not been obtained on the presumed father, alleged father, or natural mother of the child and that party appears for genetic testing, the CSEA shall have the parties complete a JFS 01716, "Waiver of Service of Notice and Order to Appear for Genetic Testing" (1/2006).

(F) A qualified examiner who is accredited by the American association of blood banks and authorized by the Ohio department of job and family services (ODJFS) shall conduct the genetic testing. Upon completion of the genetic testing, the examiner shall send a complete report of the genetic testing results to the CSEA.

R.C. 119.032 review dates: 03/26/2010 and 12/01/2011
Promulgated Under: 119.03
Statutory Authority: 3111.611 , 3125.25
Rule Amplifies: 3111.41 , 3111.45 , 3125.03
Prior Effective Dates: 8/1/82, 8/1/90, 7/15/92, 9/1/93, 6/21/96, 1/1/97,
1/1/98, 8/1/98, 12/1/01, 4/18/03, 9/1/05, 12/15/06

5101:12-40-20.2 Administrative paternity orders.

(A) Upon receipt of genetic testing results, the administrative officer of the child support enforcement agency (CSEA) shall issue:

(1) The JFS 07774, "CSEA Administrative Order - Establishment of Paternity" (rev. 11/2001), ordering that a father and child relationship exists between the man and the child, when the results of the genetic testing show a ninety-nine per cent or greater probability that the alleged father is the father of the child; or

(2) The JFS 07771, "CSEA Administrative Order-Non-existence of Child-Parent Relationship" (rev. 1/2006), when the results of the genetic testing show less than a ninety-nine per cent probability that the alleged father is the natural father of the child.

(B) When the alleged father or the mother willfully fails to submit to genetic testing or when either the mother, alleged father, or any person who is the custodian or guardian of the child willfully fails to submit the child to genetic testing, the CSEA shall issue the JFS 07773, "CSEA Administrative Order-Paternity Finding Inconclusive" (rev. 8/2005).

In accordance with section 3111.54 of the Revised Code, when the alleged father or mother willfully fails to submit to genetic testing or when the mother, alleged father, or any person who is the custodian or guardian of the child willfully fails to submit the child to genetic testing, the CSEA may request that a court find that person to be in contempt pursuant to section 2705.02 of the Revised Code.

(C) Parties' rights to bring action

(1) The mother, alleged father, and the guardian or legal custodian of the child have the right to object to the JFS 07774 or the JFS 07771 by bringing an action under sections 3111.01 to 3111.18 of the Revised Code within thirty days after the date the administrative officer issues the JFS 07774 or the JFS 07771.

When an action is not brought within thirty days of the issuance of the JFS 07774 or the JFS 07771, the JFS 07774 or JFS 07771 is final and enforceable by a court and may not be challenged in an action or proceeding under Chapter 3111. of the Revised Code.

(2) Any of the parties may bring an action under sections 3111.01 to 3111.18 of the Revised Code after a JFS 07773 has been issued.

(D) In accordance with section 3111.51 of the Revised Code, unless the CSEA has reason to believe that a person named in the JFS 07774 is a potential victim of domestic violence, the JFS 07774 shall contain the full names, addresses, and social security numbers of the mother and father of the child who is the subject of the order and the full name and address of the child.

(E) No later than ten days after a JFS 07774 or JFS 07771 has been issued by the CSEA, the CSEA shall complete a JFS 07039, "CSEA Transmittal Log" (12/2006) and send the JFS 07039 and a copy of the JFS 07774 or JFS 07771 to the CPR.

(F) In accordance with section 3111.80 of the Revised Code, if an administrative officer issues a JFS 07774, the administrative officer shall schedule an administrative support hearing in accordance with rule 5101:12-45-05.1 of the Administrative Code to determine the amount of child support any parent is required to pay and the method of payment of the child support and the method of providing for the child's health care.

R.C. 119.032 review dates: 03/26/2010 and 12/01/2011
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3111.46 , 3111.47 , 3111.49 , 3111.51 , 3111.54
Prior Effective Dates: 8/1/82, 8/1/90, 7/15/92, 9/1/93, 6/21/96, 1/1/97,
1/1/98, 8/1/98, 12/1/01, 4/18/03, 9/1/05, 12/15/06

5101:12-40-20.3 Modifying the birth certificate. [Rescinded].

Rescinded eff 12-15-06

5101:12-40-25 Court order for genetic testing.

(A) In accordance with section 3111.09 of the Revised Code, in any action instituted under sections 3111.01 to 3111.18 of the Revised Code, the court, upon its own motion, may order and, upon the motion of any party to the action, is required to order the child's mother, the child, the alleged father, and any other person who is a defendant in the action to submit to genetic testing.

(B) Instead of or in addition to genetic testing ordered pursuant to section 3111.09 of the Revised Code, the court may use a deoxyribonucleic acid (DNA) record of the child's mother, the child, the alleged father, or any other defendant that is stored in the DNA database, as described in section 109.573 of the Revised Code, to determine the existence of a parent and child relationship between the child and the child's mother, the alleged father, or another defendant. When the court orders the superintendent of the bureau of criminal identification and investigation to disclose information regarding a DNA record stored in the DNA database, the superintendent is required to send the information to the child support enforcement agency (CSEA) when the CSEA is a party to the action.

(C) When the CSEA is made a party to a judicial action instituted under sections 3111.01 to 3111.18 of the Revised Code and the court orders the CSEA to conduct genetic testing, the CSEA shall schedule the genetic testing to be conducted on a date that is no later than forty-five days after the CSEA receives the court order. The CSEA shall notify the court of the date and time of the genetic testing and the name of the laboratory that will conduct the genetic testing. If any party fails to submit to genetic testing on the scheduled date, the CSEA shall notify the court immediately of the failure.

(D) The genetic testing is required to be made by qualified examiners who are authorized by the court or the Ohio department of job and family services (ODJFS).

(E) When the CSEA receives the genetic testing results or a DNA record, the CSEA shall mail a copy of the report or information to the attorney of record for each party or, if a party is not represented by an attorney, to the party. The CSEA shall include a notice that the party may object to the admission into evidence of the report or DNA record by filing a written objection as described in division (D) of section 3111.12 of the Revised Code with the court that ordered the tests or ordered the disclosure of the information no later than fourteen days after the report or information was mailed to the attorney of record or to the party.

(F) In accordance with section 3111.09 of the Revised Code, any fees charged for genetic testing shall be paid by the party that requests the genetic testing, unless the custodian of the child is represented by the CSEA in its role as the IV-D agency, is a recipient of Ohio works first (OWF) for the benefit of the child, or the defendant in the action is found to be indigent, in which case the CSEA shall pay the costs of genetic testing.

When there is a dispute as to who shall pay the costs of genetic testing, the CSEA shall pay the costs. Neither the court nor the CSEA shall delay genetic testing due to a dispute as to who shall pay the costs.

Replaces: Part of 5101:1-30-29

R.C. 119.032 review dates: 11/26/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3111.09
Prior Effective Dates: 8/1/82, 8/1/90, 7/15/92, 9/1/93, 1/1/97, 1/1/98, 4/18/03, 12/15/06

5101:12-40-27 Modifying the birth record.

(A) Modifying the birth record as a result of issuing an administrative order finding paternity or non-paternity.

(1) In accordance with sections 3111.58 and 3705.09 of the Revised Code, when the child support enforcement agency (CSEA) issues a JFS 07774, "CSEA Administrative Order - Establishment of Paternity" (rev. 11/2001), or JFS 07771, "CSEA Administrative Order - Non-existence of Child-Parent Relationship" (rev. 1/2006), the CSEA shall modify the father's name on the birth record by completing a JFS 07723, "Administrative Order to Modify the Birth Record" (12/2006). The CSEA shall attach the original JFS 07723 to the JFS 07774 or JFS 07771 and submit both documents to the central paternity registry (CPR). The CPR shall send the JFS 07774 or JFS 07771 and the original JFS 07723 to the Ohio department of health (ODH) to modify the father's name on the birth record.

(2) In accordance with section 3111.52 of the Revised Code, when the CSEA has issued a JFS 07774 and has documentation in the case record to substantiate that the mother and natural father have agreed to change the surname of the child, the CSEA shall include in the JFS 07723 an order to change the surname of the child. When the JFS 07723 includes an order to change the surname of the child, the CSEA shall issue a copy of the JFS 07723 to the mother and father of the child.

When the parties to the JFS 07774 did not agree to change the surname of the child, the CSEA shall indicate in the JFS 07723 that the parties did not agree to change the child's surname. The CSEA shall not assist the parties in changing the child's surname after the CSEA has issued a JFS 07723.

(3) The CSEA shall not file more than one JFS 07723 as a result of filing a JFS 07774 with the CPR. Therefore, when the CSEA does not file the JFS 07723 with the original JFS 07774 but, instead, files the JFS 07723 after the JFS 07774 has been filed with the CPR, the CSEA shall attach a copy of the JFS 07774 to the JFS 07723.

(B) Modifying the birth record as a result of filing an acknowledgment of paternity.

(1) In accordance with section 3111.30 of the Revised Code, when a JFS 07038, "Acknowledgment of Paternity Affidavit" (rev. 12/2006), becomes final, as described in paragraph

(D) of rule 5101:12-40-15 of the Administrative Code, the CPR shall send the JFS 07038 to the ODH to modify the father's name on the birth record.

(2) When both the mother and father agree to change the surname of a child subject to a JFS 07038, the parties will indicate the child's new surname on the JFS 07038.

(C) When the court has issued an order finding paternity or non-paternity, the CSEA shall not modify the birth record.

Replaces: 5101:12-40- 20.3

Effective: 12/15/2006
R.C. 119.032 review dates: 12/01/2011
Promulgated Under: 119.03
Statutory Authority: 3111.34 , 3125.25
Rule Amplifies: 3111.30 , 3111.52 , 3111.58 , 3705.09
Prior Effective Dates: 7/15/92, 9/1/93, 6/21/96, 1/1/98, 8/1/98, 12/1/01, 9/1/05

5101:12-40-30 Central paternity registry.

(A) In accordance with section 3111.64 of the Revised Code, the central paternity registry (CPR) in the office of child support in the Ohio department of job and family services (ODJFS) shall maintain a birth registry.

The birth registry shall contain the following information, when that information is included in a JFS 07038, "Acknowledgment of Paternity Affidavit" (rev. 12/2006), an order issued pursuant to section 3111.13 of the Revised Code on or after January 1, 1998, a JFS 07774, "CSEA Administrative Order - Establishment of Paternity" (rev. 11/2001), or a JFS 07771, "CSEA Administrative Order - Non-existence of Child - Parent Relationship" (rev. 1/2006) that has been filed with the CPR:

(1) The names of the parents of the child subject to the JFS 07038 or order;

(2) The name of the child; and

(3) The resident address of each parent and each parent's social security number.

(B) The CPR shall:

(1) No later than two business days after receipt of an order issued pursuant to section 3111.13 of the Revised Code, a JFS 07771, or a JFS 07774, enter the required information in the birth registry and send the order to the department of health.

(2) No later than two business days after receipt of a JFS 07723, "Administrative Order to Modify the Birth Record" (12/2006), send the original JFS 07723 to the department of health.

(3) No later than five days after receipt of a JFS 07038, examine the JFS 07038 to determine whether it is completed correctly.

(a) The filed JFS 07038 is considered to be completed correctly when:

(i) It is an original JFS 07038 as provided by ODJFS (brown, legal sized paper) and not a copy;

(ii) All requested information has been provided and is legible;

(iii) There are no alterations to the information provided;

(iv) Handwritten information is in dark blue or black ink;

(v) The child's and parents' information appear correct in light of the other information on the JFS 07038 (e.g., the child's date of birth is not after the date the parties signed the JFS 07038 or before the parents' dates of birth); and

(vi) Both parents signed the JFS 07038 and their signatures are properly notarized.

(b) When the JFS 07038 is not completed correctly, the CPR shall return the JFS 07038 to the person or entity that filed the JFS 07038. Along with the JFS 07038, the CPR shall send a notice stating what needs to be corrected and that the person or entity has ten days from the date of the notice to submit a replacement JFS 07038 to the CPR.

When the JFS 07038 is returned to the CPR, the CPR shall examine the JFS 07038 again. When the JFS 07038 has not been completed correctly, the JFS 07038 is invalid. The CPR shall return an invalid JFS 07038 to the person or entity that filed it and shall not enter the JFS 07038 into the birth registry. When the CPR returns an invalid JFS 07038, it shall send a notice stating the errors in the JFS 07038 and that the JFS 07038 is invalid.

(c) Within three business days of determining that the JFS 07038 is completed correctly, the CPR shall:

(i) Enter the information on the JFS 07038 in the birth registry; and

(ii) Send the JFS 07038 to the department of health.

(4) Upon receipt of a JFS 07029, "Request for Paternity Determination and Notification to Central Paternity Registry" (rev. 06/2001), contact the CSEA indicated on the JFS 07029 to verify compliance with paragraph (A)(1) of rule 5101:12-40-17 of the Administrative Code.

(a) When the CPR verifies compliance, the CPR shall note in its record the date the JFS 07029 was received and that the JFS 07038 to which the JFS 07029 pertains is subject to rescission.

(b) When the CPR is unable to verify compliance, it shall note in its records the date the JFS 07029 was received and that compliance was not verified.

(5) Rescind a JFS 07038 when:

(a) The CPR receives a JFS 07774 or JFS 07771 pursuant to paragraph (A)(1) of rule 5101:12-40-17 of the Administrative Code.

(b) The CPR receives an order described in paragraph (A)(4)(a) of this rule, not later than the end of the business day following the business day of receipt.

(c) The CPR receives a court order to rescind the JFS 07038, in accordance with section 3111.28 or 3119.961 of the Revised Code.

(6) Retain a JFS 07038 that has been returned to the CPR by the department of health.

(7) Provide the registry number of a JFS 07038 that has not been rescinded or an order described in paragraph (A)(4) of this rule that has been filed with the CPR upon request to an individual to whom a JFS 07038, JFS 07771, or JFS 07774 or a court paternity order pertains or the legal representative of that individual.

Effective: 02/15/2007
R.C. 119.032 review dates: 02/01/2012
Promulgated Under: 119.03
Statutory Authority: 3111.34 , 3111.67 , 3125.25
Rule Amplifies: 3111.22 , 3111.23 , 3111.24 , 3111.27 , 3111.64 , 3111.65 , 3111.66 , 3125.03

5101:12-40-36 Reimbursement for cost of genetic testing.

(A) Unless the custodian of the child is the recipient of IV-D services, the child support enforcement agency (CSEA) may seek reimbursement for the costs of genetic testing from:

(1) Any individual in an action to determine the existence or non-existence of a father and child relationship.

(2) The person against whom the court assesses the costs of the action in an action brought under sections 3111.01 to 3111.18 of the Revised Code, in accordance with section 3111.09 of the Revised Code.

Except as provided in paragraph (B) of this rule, the CSEA shall not seek reimbursement for the costs of genetic testing from a person who is a recipient or former recipient of Ohio works first or medicaid.

(B) When the CSEA has previously conducted genetic testing on the child, child's mother, alleged father, or any other defendant and an action is brought under sections 3111.01 to 3111.18 of the Revised Code to object to the result of those previous tests, the CSEA shall require the person to pay for the costs of such additional testing in advance.

(C) When reimbursement is received for genetic testing costs that were paid by the Ohio department of job and family services (ODJFS), the CSEA shall ensure that the collection is disbursed to ODJFS.

The CSEA is entitled to retain reimbursement of genetic testing costs that were paid by the CSEA.

Effective: 02/15/2007
R.C. 119.032 review dates: 02/01/2012
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3111.09 , 3125.03