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