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(2) In accordance with section 3111.821 of the Revised Code, a JFS 07038 that has not become final may be rescinded as described in paragraph (A) of rule 5101:12-45-05.2 of the Administrative Code.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