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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5101:12-40 | Paternity

 
 
 
Rule
Rule 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 JFS 08079, "Paternity and Acknowledgment of Paternity Affidavit Brochure" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) and the JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), 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 who 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.

Last updated October 30, 2024 at 9:01 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3111.09, 3111.32, 3111.33, 3125.03
Five Year Review Date: 10/20/2028
Prior Effective Dates: 12/15/2006, 5/1/2014
Rule 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 natural 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 Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) which has been entered into the birth registry, 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;

(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" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), or JFS 07771, "CSEA Administrative Order Non-existence of Father and Child Relationship" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), and neither the mother, alleged father, nor guardian or legal custodian of the child brought an action under sections 3111.01 to 3111.18 of the Revised Code within fourteen 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 of the Revised Code, 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 non-existence of a father 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 acknowledgment 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.

(8) "Integrated perinatal health information system" (IPHIS): IPHIS is an electronic system maintained by the Ohio department of health (ODH) that provides the functionality to process and store data for vital statistics purposes.

(a) Individuals with access to IPHIS have the responsibility to maintain the confidentiality of and to safeguard all information contained in a person's case record, whether the information is contained on paper, film, computer, or any other electronic medium in accordance with rule 5101:12-1-20 of the Administrative Code.

(b) In accordance with section 3125.99 of the Revised Code, anyone who discloses information to any person or for any purpose not specifically permitted by rule 5101:12-1-20 of the Administrative Code or its supplemental rules is subject to a fine of up to five hundred dollars or a prison term of up to six months or both.

(B) The following forms are referenced throughout division 5101:12 of the Administrative Code:

(1) JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code)- A voluntary affidavit that may be signed by the mother of a child and a man alleging himself to be the natural father of the child.

(2) JFS 04070, "Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) - An addendum that may be signed by the mother of a child and a man alleging himself to be the father indicating an agreement by the parties to change the child's surname, if and only if the alleged father is found to be the natural father. If this agreement is signed by both parties and genetic testing indicates paternity is established it will be incorporated by reference into and become part of the administrative order establishing paternity.

(3) JFS 07774, "CSEA Administrative Order Establishment of Paternity" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) - Order indicating through genetic testing that a father and child relationship exists.

(4) JFS 07771, "CSEA Administrative Order Non-Existence of Father and Child Relationship" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) - Order indicating through genetic testing that a father and child relationship does not exist.

(5) JFS 07773, "CSEA Administrative Order Paternity Finding Inconclusive" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) - Order indicating that a party failed to submit to genetic testing and the results are inconclusive.

(6) JFS 04070-I, "Instructions for Completing the JFS 04070, Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) - Instructions for parents wishing to complete the JFS 04070 to change their child's surname during the administrative paternity process.

(7) JFS 07754, "Notice of Request for Paternity Determination and Order to Appear for Genetic Tests" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) - Notice issued to the natural mother, each man presumed to be the father of the child, and each man alleged to be the father of the child ordering that the parties submit to genetic testing.

(8) JFS 07029, "Request for Paternity Determination and Notification to Central Paternity Registry" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) - A request that shall be completed by a party that signed a JFS 07038 requesting the CSEA to make an administrative determination of the existence or non-existence of a father and child relationship. The request must be completed no later than sixty days after the date of the last signature on the JFS 07038.

(9) JFS 01716, "Waiver of Service of Notice and Order to Appear for Genetic Testing" (effective or revised effective date as identified in rule 5101:12-30-99 of the Administrative Code) - waiver to be signed by a presumed father, alleged father, natural mother, or caretaker of a child prior to proceeding with genetic testing when the party appears for genetic testing but service of process was not obtained, or when a CSEA requests that the party waive service of process in accordance with rule 4.7 (7/1/2022) of the Rules of Civil Procedure (www.supremecourt.ohio.gov).

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

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

(a) The CSEA receives a referral for a child who 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; 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.

(b) Either the mother or the presumed father who are party to a request to establish an administrative support order dispute paternity. The CSEA shall proceed as if a request had been made to determine the existence or non-existence of a father child relationship in accordance with this rule.

(D) 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 when a IV-D application as described in paragraph (A) of rule 5101:12-10-01.1 of the Administrative Code or a IV-D referral as described in paragraph (B) of rule 5101:12-10-01.1 of the Administrative Code has been completed and filed with the CSEA.

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.

(E) 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 non-existence of a father and child relationship between the alleged father and any child without an administrative determination being requested from a CSEA.

(F) 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.

(G) Disestablishing paternity.

(1) When the CSEA knows or the CSEA should have known that there is a final and enforceable determination of paternity, the CSEA:

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

(b) Shall intervene in an action to disestablish paternity in order to defend support collections assigned to ODJFS; and

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

(2) Except as provided in paragraph (C)(3) of rule 5101:12-1-85 of the Administrative Code, ODJFS shall not pay the cost of genetic testing performed under the statewide genetic testing contract when the CSEA knew or should have known that there was a final and enforceable determination of paternity before genetic testing was conducted.

Last updated October 20, 2023 at 2:34 PM

Supplemental Information

Authorized By: 3111.35, 3125.25
Amplifies: 3103.03, 3103.031, 3111.03, 3111.04, 3111.05, 3111.13, 3111.20, 3111.24, 3111.25, 3111.27, 3111.38, 3111.381, 3111.39, 3111.49, 3111.78, 3111.821, 3111.95, 3119.61, 3125.03, 3125.36, 3125.99
Five Year Review Date: 10/20/2028
Prior Effective Dates: 7/15/1992, 12/15/2006, 2/11/2019
Rule 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" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), 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.

Last updated October 20, 2023 at 2:34 PM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3111.03, 3111.95, 3125.03
Five Year Review Date: 10/20/2028
Prior Effective Dates: 9/1/1993
Rule 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" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) acknowledging that the child is the child of the man that signed the acknowledgment. In accordance with section 3111.23 of the Revised Code, a JFS 07038 may be filed with the central paternity registry (CPR) as follows:

(1) The natural mother, the man acknowledging that he is the natural father, or the other custodian or guardian of a child may file the JFS 07038 by mail or in person;

(2) A local registrar of vital statistics pursuant to section 3705.091 of the Revised Code may file the JFS 07038 electronically, in person, or by mail; or

(3) A hospital staff person pursuant to section 3727.17 of the Revised Code may file the JFS 07038 electronically, in person, or by mail.

(B) Each signature in the JFS 07038 is to be notarized or witnessed by two adult witnesses. The mother and the man acknowledging that he is the natural father may sign and have the signature notarized or witnessed outside of each other's presence.

(C) When the mother and man alleging himself to be the natural father sign the JFS 07038 at the CSEA they may have their signatures notarized outside of each other's presence. The CSEA is to provide a notary public to notarize or two adult witnesses to witness the JFS 07038. Prior to notarizing the JFS 07038 the CSEA is to determine whether there is a man presumed to be the father of the child or if the child is subject to a known existing final and enforceable determination of paternity. Resources for determining the existence of a presumed father or final and enforceable determination of paternity include, but are not limited to:

(1) The integrated perinatal health information system (IPHIS);

(2) Paternity information in the statewide automated eligibility system;

(3) CPR; and

(4) The support enforcement tracking system (SETS).

(D) No later than ten days after a JFS 07038 has been signed and notarized at the CSEA, the CSEA is to send or transmit electronically the JFS 07038 to the CPR.

(E) 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 will not notarize the JFS 07038 or send the JFS 07038 to the CPR. The CSEA is to inform the parties seeking to notarize the affidavit that the CSEA cannot complete the notarization and will inform the parties of their right to establish paternity through the administrative process as described in rule 5101:12-40-20 of the Administrative Code and its supplemental rules.

(F) When the CSEA determines the child is subject to an existing final and enforceable determination of paternity as described in paragraph (A)(6) of rule 5101:12-40-05 of the Administrative Code, the CSEA is to inform the parties seeking to notarize the affidavit that the CSEA cannot assist the parties in establishing paternity as a final and enforceable determination of paternity already exists.

(G) The CSEA will 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 will proceed as described in rule 5101:12-40-17 of the Administrative Code.

(H) 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 (C) of rule 5101:12-40-17 of the Administrative Code.

In accordance with section 3111.821 of the Revised Code, a JFS 07038 that has not become final is to be considered final as of the date of the issuance of 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.

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

Last updated January 17, 2024 at 8:46 AM

Supplemental Information

Authorized By: 3111.35, 3125.25
Amplifies: 3111.22, 3111.23, 3111.25, 3125.03
Five Year Review Date: 1/15/2029
Prior Effective Dates: 12/1/2001, 5/1/2014
Rule 5101:12-40-17 | Rescinding an acknowledgment of paternity.
 

(A) The administrative process to rescind a JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), shall be initiated at the child support enforcement agency (CSEA) in accordance with this rule. An acknowledgment is considered rescinded when an order is issued determining the existence or non-existence of a parent child relationship, in accordance with section 3111.27 of the Revised Code, and this rule.

(B) In accordance with section 3111.38 of the Revised Code, the CSEA in the county in which the child resides or in which the guardian or legal custodian of the child resides shall determine the existence or non-existence of a father and child relationship between an alleged father and the child when a IV-D application as described in paragraph (A) of rule 5101:12-10-01.1 of the Administrative Code or a IV-D referral as described in paragraph (B) of rule 5101:12-10-01.1 of the Administrative Code has been completed and filed with the CSEA.

(C) 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.

(1) To initiate the process to rescind the JFS 07038, the person requesting the rescission must do both of the following:

(a) Request that the CSEA make an administrative determination of the existence or non-existence of a father and child relationship by completing the administrative determination process 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

(b) Complete a JFS 07029, "Request for Paternity Determination and Notification to Central Paternity Registry" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code).

(2) The CSEA that receives the JFS 07029 shall:

(a) Submit the JFS 07029 to the CPR within three business days of receipt;

(b) Proceed with determining the existence or non-existence of a father and child relationship; and

(c) Issue an order in accordance with rule 5101:12-40-20 of the Administrative Code and its supplemental rules determining the existence or non-existence of a father and child relationship between the man that signed the acknowledgment and the child.

(3) When one of the parties fails to submit to genetic testing resulting in the issuance of an administrative order stating that it is inconclusive whether the alleged father is the natural father of the child, the CSEA shall:

(a) In accordance with section 3111.54 of the Revised Code, request the court with jurisdiction in the county in which the CSEA is located to find the person in contempt pursuant to section 2705.02 of the Revised Code, or

(b) In accordance with section 3111.04 of the Revised Code, request the court make a determination in establishing the existence or non-existence of a father and child relationship.

(D) In accordance with section 3111.821 of the Revised Code, if a person who has made a request pursuant to section 3111.78 of the Revised Code to establish support based on a presumption arising from the completion of a JFS 07038 that has not become final raises the issue of the existence or non-existence of a father and child relationship the CSEA shall follow procedures for a request to rescind as described in paragraph (A) of rule 5101:12-45-05.2 of the Administrative Code. The person raising the issue of the existence or non-existence of a father and child relationship shall follow the administrative process to rescind the JFS 07038 as described in paragraph (C) of this rule.

(E) The following judicial actions to rescind a JFS 07038 may be brought by one of the persons specified in paragraph (C) 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 juvenile court or the domestic relations division of the court of common pleas that has jurisdiction 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 of the Revised Code, 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.

Last updated October 20, 2023 at 2:34 PM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3111.27, 3111.28, 3125.03
Five Year Review Date: 10/20/2028
Prior Effective Dates: 12/15/2006
Rule 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. The CSEA will proceed in accordance with this rule and its supplemental rules when a IV-D application as described in paragraph (A) of rule 5101:12-10-01.1 of the Administrative Code or a IV-D referral as described in paragraph (B) of rule 5101:12-10-01.1 of the Administrative Code has been completed and filed with the CSEA.

(B) In accordance with section 3125.36 of the Revised Code, the CSEA is to make a IV-D application available to all persons who request the CSEA to 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.

Last updated January 17, 2024 at 8:47 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3111.38, 3125.03
Five Year Review Date: 1/15/2029
Prior Effective Dates: 8/1/1990, 1/1/1997, 8/1/1998
Rule 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) In accordance with rule 5101:12-30-10 of the Administrative Code, the CSEA shall send the JFS 07754, "Notice of Request for Paternity Determination and Order to Appear for Genetic Tests" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) to the natural mother of the child, each man presumed to be the father of the child, and each man alleged to be the father of the child. If a caretaker exists, the CSEA will send the JFS 07754 to the caretaker.

(D) The CSEA may change the child's surname as part of the administrative order establishing paternity. When requested by the natural mother, presumed father or alleged father, the CSEA shall make available the JFS 04070, "Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code).

(E) In accordance with sections 3111.58 and 3705.09 of the Revised Code when a presumed or alleged father is found to be the natural father of the child and the determination would result in a variance with the child's birth record, the CSEA is required to include the change to the birth record as part of the administrative order establishing paternity.

(F) 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 Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code). Should the mother and alleged father 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.

(G) 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 party complete one of the following:

(1) A JFS 01716, "Waiver of Service of Notice and Order to Appear for Genetic Testing" (effective or revised effective date as identified in rule 5101:12-30-99 of the Administrative Code), accompanied by delivery of the JFS 07754 and a copy of the JFS 01716 to the party; or

(2) A waiver of service form created by the CSEA that contains the waiver form appended to rule 4.7 (7/1/2022) of the Rules of Civil Procedure, except to the extent that the provisions of the Rules of Civil Procedure are clearly inapplicable, accompanied by delivery of the JFS 07754 and a copy of the waiver form created by the CSEA to the party.

(H) A qualified examiner who is authorized by the court or 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.

Last updated December 29, 2023 at 9:32 AM

Supplemental Information

Authorized By: 3111.611, 3125.25
Amplifies: 3111.41, 3111.43, 3111.44, 3111.45, 3111.58, 3125.03
Five Year Review Date: 10/20/2028
Prior Effective Dates: 1/1/1998
Rule 5101:12-40-20.2 | Agreement to modify the child's surname.
 

(A) This rule describes the process that shall be followed when the child support enforcement agency (CSEA) changes the child's surname as part of the administrative order. This process shall be followed by a mother and alleged father when they agree to change the surname of a child if genetic testing shows a ninety-nine per cent or greater probability that the alleged father is the father of the child.

(B) When the JFS 07754, "Notice of Request for Paternity Determination and Order to Appear for Genetic Tests" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) is issued to the parties they are advised that they may request the JFS 04070, "Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) from the CSEA if they are in agreement to change the child's surname. The natural mother and presumed or alleged father shall complete the JFS 04070 to agree to change the surname of the child.

(C) By completing the JFS 04070, the mother and presumed or alleged father indicate their agreement to change the child's surname only if the CSEA orders that a father and child relationship exists between the man and the child, in accordance with rule 5101:12-40-20.3 of the Administrative Code. The JFS 04070 shall be submitted to the CSEA on or before the date the genetic test results were received by the CSEA. When the parties submit the JFS 04070 to the CSEA, the change will be included in the administrative order only if the alleged father is determined to be the father of the child.

(D) The JFS 04070 is not an acknowledgment of paternity by either party and may not be construed as such in any subsequent action.

(E) The JFS 04070 is considered to be complete when:

(1) It is an original JFS 04070 signed by both parties;

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

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

(4) Signatures and any handwritten information is in dark blue or black ink; and

(5) Both parents' signatures are properly notarized.

(F) The CSEA shall reject a JFS 04070 if it is incomplete or if the CSEA believes the JFS 04070 is fraudulent.

(G) When the CSEA issues a JFS 07771, "CSEA Administrative Order Non-existence of Father and Child Relationship" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), or JFS 07773, "CSEA Administrative Order Paternity Finding Inconclusive" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), the JFS 04070 is null and void.

Last updated December 29, 2023 at 9:32 AM

Supplemental Information

Authorized By: 3111.34, 3125.25
Amplifies: 3111.30, 3111.52, 3111.58, 3705.09
Five Year Review Date: 10/20/2028
Prior Effective Dates: 8/1/1998
Rule 5101:12-40-20.3 | Administrative paternity orders.
 

(A) Issuing an establishment order.

Upon receipt of genetic testing results that show a ninety-nine per cent or greater probability that the alleged father is the father of the child, the administrative officer shall prepare and issue a JFS 07774, "CSEA Administrative Order Establishment of Paternity" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), ordering that a father and child relationship exists between the man and the child. The child support enforcement agency (CSEA) shall attach the genetic testing results report to the JFS 07774. The CSEA shall not attach chain of custody documents.

In accordance with section 3111.46 of the Revised Code, if identical siblings are named as the alleged father, the administrative officer shall refer the case to court and shall not issue an administrative order determining the existence of a father and child relationship.

(1) Name changes.

(a) The CSEA may allow the parties to change the surname of the child as part of the administrative order. To change the child's surname the parties shall file a JFS 04070, "Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) with the CSEA on or before the date the genetic test results were received by the CSEA. The administrative officer shall include the JFS 04070 as an addendum to the administrative order to change the child's surname and check the appropriate box on the JFS 07774.

(b) The CSEA shall first review the integrated perinatal health information system (IPHIS) to compare the father's information with the information contained in the birth record for this child. In accordance with section 3111.58 of the Revised Code, if the man determined to be the child's father is a man other than the man named in the child's birth record as the father or is otherwise at variance with the child's birth record, the administrative officer shall check the appropriate box on the JFS 07774.

(c) If no changes are to be made to the child's surname, or the CSEA determines the father's information on the child's birth record (as indicated in IPHIS) does not need to be modified, the CSEA will indicate no changes to the birth record are ordered by checking the appropriate box on the JFS 07774.

(2) 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.

(3) In accordance with rule 5101:12-45-05.1 of the Administrative Code, the administrative officer shall schedule an administrative child support hearing by issuing the JFS 07782, "Notice of Administrative Hearing to Establish a Support Order" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), in conjunction with the JFS 07774.

(B) Issuing an exclusion order.

Upon receipt of genetic testing results that show a less than ninety-nine per cent probability that the alleged father is the natural father of the child, the administrative officer shall prepare and issue a JFS 07771, "CSEA Administrative Order Non-existence of Father and Child Relationship" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code). The CSEA shall attach the genetic testing results report to the JFS 07771. The CSEA shall not attach chain of custody documents.

(1) The CSEA shall review the IPHIS system to compare the name of the man excluded as the father of the child with the name of the man identified as the father in the birth record for this child.

(2) In accordance with section 3111.58 of the Revised Code, if the man excluded as the child's father is the man named in the child's birth record as the father, the administrative officer shall indicate in the administrative order that the man shall be removed from the birth record by checking the appropriate box on the JFS 07771.

(3) If the man excluded does not appear on the child's birth record, the CSEA shall indicate no changes to the birth record are ordered by checking the appropriate box on the JFS 07771.

(C) Issuing an inconclusive order.

(1) 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" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code).

(2) 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 proceed with one of the following actions:

(a) In accordance with section 3111.54 of the Revised Code request the court with jurisdiction in the county in which the agency is located to find the person in contempt pursuant to section 2705.02 of the Revised Code, or

(b) In accordance with section 3111.04 of the Revised Code, request the court make a determination in establishing the existence or non-existence of a parent child relationship.

(D) 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 fourteen days after the date the administrative officer issues the JFS 07774 or the JFS 07771.

(2) When an action is not brought within fourteen 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.

(3) 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.

(E) After the objection period has expired, the CSEA shall send the original or a certified copy of the JFS 07771 or JFS 07774 and the JFS 04070 if applicable, to the central paternity registry (CPR).

Last updated December 29, 2023 at 9:32 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3111.46, 3111.47, 3111.49, 3111.51, 3111.54
Five Year Review Date: 10/20/2028
Prior Effective Dates: 7/15/1992, 9/1/1993, 9/1/2005
Rule 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.

Last updated July 13, 2023 at 11:08 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3111.09
Five Year Review Date: 5/1/2028
Prior Effective Dates: 8/1/1982
Rule 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) is to maintain a birth registry.

The birth registry is to contain the following information, when that information is included in a JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), 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" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), or a JFS 07771, "CSEA Administrative Order Non-existence of Father and Child Relationship" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) 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) Court or administrative order establishing paternity.

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

(2) When a JFS 07774 indicates that a change is ordered to the birth record, the CPR will send the order to the Ohio department of health (ODH). In accordance with section 3111.58 of the Revised Code, ODH is to prepare a new birth record consistent with the agency's determination and substitute the new record for the original birth record. In accordance with section 3705.09 of the Revised Code, upon the issuance of a new birth record, the original birth record ceases to be a public record and the original record and any documentary evidence supporting the new registration of birth is to be placed in an envelope which is to be sealed by the department and is not be open to inspection or copy unless so ordered by a court of competent jurisdiction.

(3) When a JFS 04070, "Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) is attached to the administrative order as an addendum the CPR will send the order and addendum to ODH.

(4) When the CPR receives a JFS 07774 or a JFS 04070 that is incomplete or not an original or certified copy, the CPR is to record the JFS 07774 or JFS 04070 as an invalid document and return the JFS 07774 or JFS 04070 to the CSEA no later than two business days after receipt. Along with the JFS 07774 or the JFS 04070, the CPR is to send a notice stating what needs to be corrected.

(C) Court or administrative order excluding paternity.

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

(2) When a JFS 07771 indicates that a change is ordered to the birth record the CPR will send the order to ODH. In accordance with section 3111.58 of the Revised Code, ODH is to prepare a new birth record consistent with the agency's determination and substitute the new record for the original birth record. In accordance with section 3705.09 of the Revised Code, upon the issuance of a new birth record, the original birth record ceases to be a public record and the original record and any documentary evidence supporting the new registration of birth is to be placed in an envelope which is to be sealed by the department and is not be open to inspection or copy unless so ordered by a court of competent jurisdiction.

(3) When the CPR receives a JFS 07771 that is incomplete or not an original or certified copy, the CPR is to return it to the CSEA no later than two business days after receipt. Along with the JFS 07771 the CPR is to send a notice stating what needs to be corrected.

(D) Acknowledgment of paternity.

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

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

(i) A final and enforceable determination of paternity pursuant to rule 5101:12-40-05 of the Administrative Code, which has been filed by the CPR, does not already exist for the child;

(ii) The alleged father who signed the JFS 07038 has not previously been excluded as the father of the child by a court or administrative order, which has been filed by the CPR;

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

(iv) All of the following required information has been provided on the JFS 07038 by the parties;

(a) The names of the parents of the child subject to the acknowledgment,

(b) The name and place of birth of the child,

(c) The resident address of each parent and the child,

(d) The date of birth of each parent and the child,

(e) The social security number of each parent,

(v) Information provided is clear and legible;

(vi) Signatures and any handwritten information is in dark blue or black ink;

(vii) 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

(viii) Both parents signed the JFS 07038, and their signatures are properly notarized or witnessed by two adults.

(b) When the JFS 07038 has not been completed correctly, the CPR is to send a notice indicating the required corrections:

(i) The JFS 07038 is invalid;

(ii) The CPR is to record the JFS 07038 as an invalid document;

(iii) When the JFS 07038 is invalid due to an issue under paragraphs (D)(1)(a)(i) or (D)(1)(a)(ii) of this rule, the CPR is to send to the parents for whom the JFS 07038 was submitted a notice indicating why the JFS 07038 cannot be filed by the CPR; and

(iv) When the JFS 07038 is invalid due to an issue under paragraphs (D)(1)(a)(iii) to (D)(1)(a)(viii) of this rule, the CPR is to send to the parents for whom the JFS 07038 was submitted a notice indicating the needed corrections and a new JFS 07038 to be completed.

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

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

(b) Send the JFS 07038 to ODH.

(3) When a JFS 07038 becomes final as described in paragraph (H) of rule 5101:12-40-15 of the Administrative Code, the CPR is to notify ODH that the JFS 07038 is final and enforceable.

(E) Rescission request.

(1) Upon receipt of a JFS 07029, "Request for Paternity Determination and Notification to Central Paternity Registry" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), the CPR is to contact the CSEA indicated on the JFS 07029 to verify compliance with paragraph (C)(1) of rule 5101:12-40-17 of the Administrative Code.

(a) When the CPR verifies compliance, the CPR is to 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. The CPR is to forward the JFS 07029 to ODH.

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

(2) A JFS 07038 is considered rescinded when:

(a) The CPR receives a JFS 07774 or JFS 07771 pursuant to rule 5101:12-40-20.3 of the Administrative Code.

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

(3) The CPR is to provide the registry number of a JFS 07038 that has not been rescinded or an order described in paragraph (A) 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.

Last updated January 17, 2024 at 8:47 AM

Supplemental Information

Authorized By: 3111.34, 3111.67, 3125.25
Amplifies: 3111.22, 3111.23, 3111.24, 3111.27, 3111.64, 3111.65, 3111.66, 3125.03
Five Year Review Date: 1/15/2029
Prior Effective Dates: 2/15/2007, 5/1/2014
Rule 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.

(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.

Last updated October 20, 2023 at 2:34 PM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3111.09, 3125.03
Five Year Review Date: 10/20/2028
Prior Effective Dates: 2/15/2007
Rule 5101:12-40-99 | Chapter 5101:12-40 forms - paternity establishment.
 

The forms identified in this rule are referenced within various rules contained within division 5101:12 of the Administrative Code. The effective or revised effective dates of the forms are as follows:

(A) JFS 04070, "Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (05/2014);

(B) JFS 04070-I, "Instructions for Completing the JFS 04070, Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (rev. 10/2019);

(C) JFS 07029, "Request for Paternity Determination and Notification to Central Paternity Registry" (rev. 05/2014);

(D) JFS 07754, "Notice of Request for Paternity Determination and Order to Appear for Genetic Tests" (rev. 05/2014);

(E) JFS 07771, "CSEA Administrative Order - Non-existence of Father and Child Relationship" (rev. 2/2019);

(F) JFS 07773, "CSEA Administrative Order-Paternity Finding Inconclusive" (rev. 05/2014);

(G) JFS 07774, "CSEA Administrative Order - Establishment of Paternity" (rev. 2/2019);

(H) JFS 07782, "Notice of Administrative Hearing to Establish a Support Order" (rev. 2/2019); and

(I) JFS 08079, "Paternity and Acknowledgment of Paternity Affidavit Brochure" (rev. 10/2023).

Last updated January 17, 2024 at 8:47 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3125.03, 3125.25
Five Year Review Date: 1/15/2029
Prior Effective Dates: 2/11/2019, 11/1/2021