Current through all regulations passed and filed through September 16, 2024
(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rescinded;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.
Effective: 5/1/2023
Five Year Review
(FYR) Dates: 2/11/2024
Promulgated Under:
119.03
Statutory
Authority: 3111.35,
3125.25
Rule
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
Prior
Effective Dates: 08/01/1982, 08/01/1990, 07/15/1992, 09/01/1993, 07/01/1996,
01/01/1997, 01/01/1998, 07/01/2002, 04/18/2003, 02/01/2005, 12/15/2006,
05/01/2014, 02/11/2019
