Current through all regulations passed and filed through September 16, 2024
(A) This rule
describes the responsibilities that an initiating or responding child support
enforcement agency (CSEA) has to establish paternity in intergovernmental
cases. When a determination of paternity has been made pursuant to the laws of
another jurisdiction, that determination must be recognized in Ohio, and the issue of paternity may not be re-litigated
or used as a defense to an action brought pursuant to
section
3115.315 of the Revised
Code.
(B) Paternity may be
established either by:
(1) Using long arm
jurisdiction, or
(2) Sending a
Uniform Interstate Family Support Act (UIFSA)(2008) petition
that
requests the establishment of paternity from the initiating CSEA to an
interstate central registry (ICR) in a responding state or to the central
authority in another country or tribe.
(C) The initiating CSEA shall determine
whether long arm jurisdiction shall be used to establish paternity. The CSEA
and its legal staff should carefully consider the facts of a case to determine
whether one of the conditions described in Ohio's long arm statute exists. Long
arm jurisdiction may exist over a party living outside the state of Ohio if one
or more conditions described in section
3115.201
of the Revised
Code apply.
(1) When it determines that long
arm jurisdiction exists and that its use is appropriate, the CSEA shall
establish paternity pursuant to Chapter 5101:12-40 of the Administrative Code
and shall not initiate a UIFSA petition to the state where the other party
resides. The CSEA may also use OMB 0970-0085 "Transmittal #3 - Request for
assistance/discovery" to request assistance with service of process or genetic
testing from the child support agency in the other state, if necessary;
or
(2) When it determines that long
arm jurisdiction does not exist or would be inappropriate, the CSEA shall
initiate a UIFSA petition to the ICR in the state, or to the central authority
of another country or tribe, where the other party resides within twenty days
of determining that the other party resides in another jurisdiction.
(D) A responding CSEA has the
following responsibilities:
(1) Immediately
upon receipt from the Ohio ICR of a UIFSA petition that requests the
establishment of paternity:
(a)
Verify the
residence address of the party who resides in Ohio;
(b)
If necessary,
transfer the UIFSA petition to the CSEA with administrative responsibility
pursuant to rules
5101:12-10-03
and
5101:12-10-04
of the Administrative Code; and
(c)
Establish
paternity pursuant to section
3115.305 of the Revised
Code;
(2) The
responding CSEA that has administrative responsibility for the case shall take
the following actions within seventy-five days of receipt of the UIFSA
petition:
(a) Notify the child support agency
in the initiating agency of any additional information needed to proceed with
the case;
(b) Process the case to
the extent possible pending receipt of the additional information needed from
the child support agency in the initiating jurisdiction; and
(c) Complete the case intake process in the
Ohio case registry, support enforcement tracking system (SETS), using
information from the UIFSA petition and any information received from the child
support enforcement network (CSENet) transaction.
Effective: 7/1/2016
Five Year Review
(FYR) Dates: 03/22/2016 and
07/01/2021
Promulgated
Under: 119.03
Statutory
Authority: 3125.25
Rule
Amplifies: 3115.201,
3115.203,
3115.304,
3115.305,
3115.315,
3125.03
Prior
Effective Dates: 1/1/98, 3/1/03, 9/1/05,
11/1/11
