(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days of the signing to request the JFS 07038 be rescinded;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.
Five Year Review (FYR) Dates: 10/20/2023 and 10/20/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 10/20/2023
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, 05/01/2023