Current through all regulations passed and filed through September 16, 2024
(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).
Effective: 2/11/2019
Five Year Review
(FYR) Dates: 10/2/2018 and
02/11/2024
Promulgated
Under: 119.03
Statutory
Authority: 3125.25
Rule
Amplifies: 3111.46,
3111.47,
3111.49,
3111.51,
3111.54
Prior
Effective Dates: 08/01/1982, 08/01/1990, 07/15/1992, 09/01/1993, 06/21/1996,
01/01/1997, 01/01/1998, 08/01/1998, 12/01/2001, 04/18/2003, 09/01/2005,
12/15/2006, 05/01/2014