(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acknowledgment is considered rescinded when an order is issued determining the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.
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: 3125.25
Rule Amplifies: 3111.27, 3111.28, 3125.03
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, 11/15/2019