CSPMTL 11 (Genetic Testing, Statewide Genetic Testing Contract, Paternity Establishment Pamphlet, Paternity Establishment, Presumption of Paternity, Acknowledgment of Paternity, Rescinding an Acknowledgment, Administrative Paternity Establishment, Scheduling and Conducting Genetic Tests, Administrative Paternity Orders, Modifying the Birth Certificate, and Court Order for Genetic Testing Rules and the JFS 07038, JFS 07039, and JFS 07723 Forms)
Child Support Program Manual Transmittal Letter No. 11
December 6, 2006
TO: All Child Support Program Manual Holders
FROM: Barbara E. Riley, Director
SUBJECT: Genetic Testing, Statewide Genetic Testing Contract, Paternity Establishment Pamphlet, Paternity Establishment, Presumption of Paternity, Acknowledgment of Paternity, Rescinding an Acknowledgment, Administrative Paternity Establishment, Scheduling and Conducting Genetic Tests, Administrative Paternity Orders, Modifying the Birth Certificate, and Court Order for Genetic Testing Rules and the JFS 07038, JFS 07039, and JFS 07723 Forms

The Office of Child Support (OCS) has proposed to rescind the following rules:

Rule to be RescindedRescinded Rule TitleEffective Date of Existing RuleEffective Date of Rescission
5101:1‑30‑29Genetic testing.4/18/200312/15/2006
This rule is being proposed for rescission as part of the OCS rule reorganization, which includes reviewing each child support rule in Division 5101:1 and transitioning the rules to Division 5101:12. The information in this rule will be contained in rules 5101:12‑1‑85, 5101:12‑40‑05, 5101:12‑40‑20 to 5101:12‑40‑20.2, 5101:12‑40‑25, 5101:12‑40‑25.1, and 5101:12‑40‑36.
5101:1‑31‑26Statewide genetic testing contracts for paternity determination.7/1/200212/15/2006
This rule is being proposed for rescission as part of the OCS rule reorganization, which includes reviewing each child support rule in Division 5101:1 and transitioning the rules to Division 5101:12. The information in this rule will be contained in rule 5101:12‑1‑85.
5101:1‑32‑23Paternity establishment pamphlet07/01/200212/15/2006
This rule is being proposed for rescission as part of the OCS rule reorganization, which includes reviewing each child support rule in Division 5101:1 and transitioning the rules to Division 5101:12. The information in this rule will be contained in rule 5101:12‑40‑01.
5101:12‑40‑05Paternity establishment.2/1/200512/15/2006
This rule is being rescinded and filed as new because more than fifty percent of the rule is being revised; it maintains the same rule number and title.
5101:12‑40‑10Presumption of paternity.9/1/200512/15/2006
This rule is being rescinded and filed as new because more than fifty percent of the rule is being revised; it maintains the same rule number and title.
5101:12‑40‑15Acknowledgment of paternity.9/1/200512/15/2006
This rule is being rescinded and filed as new because more than fifty percent of the rule is being revised. The rule maintains the same number and title. Provisions concerning the CPR's responsibility to review the JFS 07038 will be contained in the soon-to-be-proposed rule 5101:12‑40‑30.
5101:12‑40‑17Rescinding an acknowledgment of paternity.9/1/200512/15/2006
This rule is being rescinded and filed as new because more than fifty percent of the rule is being revised. The rule maintains the same number and title. Provisions concerning the CPR responsibilities regarding rescinding the JFS 07038 will be contained in proposed rule 5101:12‑40‑30.
5101:12‑40‑20Administrative paternity establishment.9/1/200512/15/2006
This rule is being rescinded and filed as new because more than fifty percent of the rule is being revised. The rule maintains the same rule number but will have a new title.
5101:12‑40‑20.3Modifying the birth certificate.9/1/200512/15/2006
This rule is being rescinded and replaced by 5101:12‑40‑27.

OCS has proposed to adopt the following new rules:

Rule to be AdoptedAdopted Rule TitleEffective Date of Adopted Rule
5101:12‑1‑85Statewide genetic testing contract.12/15/2006
This rules describes the statewide contract for genetic testing that the Ohio Department of Job and Family Services (ODJFS) may enter into with a laboratory that performs genetic testing. Changes in the new rule include: paragraph (A) specifies that OCS may (i.e. is not required to) enter into a contract with a genetic testing laboratory; (C) specifies that the CSEA shall only use the statewide genetic testing contract when there is not a final and enforceable determination of paternity or, if there is a final and enforceable determination of paternity, when a court action is brought to rescind the acknowledgment of paternity or to reverse the court or administrative order determining the existence or non-existence of a father and child relationship; (D) clarifies the invoice procedure; (E) specifies that the CSEA is responsible for paying for any genetic testing conducted under the statewide contract that did not meet the requirements described in paragraph (C); (F) specifies that the CSEA shall ensure that reimbursement for genetic testing paid by ODJFS is disbursed to ODJFS and failure to do so can result in removal from participation in the statewide contract; (G) states that a CSEA that has been removed from participation in the statewide contract must enter into a local contract for genetic testing.
5101:12‑40‑01Distribution of paternity acknowledgement affidavit and brochure.12/15/2006
This rule describes the responsibility of OCS to develop and disseminate a paternity establishment brochure and acknowledgment of paternity affidavit. The rule requires OCS to make the brochure and the acknowledgment of paternity affidavit available to individuals, contractual hospitals, CSEAs, and other agencies. There are no substantive changes.
5101:12‑40‑05Determination of the existence or non-existence of a father and child relationship.12/15/2006
This rule describes the CSEA's responsibility to determine the existence/non-existence of a father and child relationship and addresses the statute of limitation. The title was changed to reflect the CSEA's requirement to assist a mother, alleged father, or, upon request, the presumed father in determining whether an alleged father or a presumed father is the natural father of a child. Changes in the new rule include: paragraph (A) provides definitions that apply throughout division 5101:12 including definitions of "final and enforceable determination of paternity" and "disestablish paternity"; (B) clarifies when the CSEA shall determine the father/child relationship for a child born out-of-wedlock and, upon request, when there is a presumption of paternity; (C) describes which CSEA has administrative responsibility; (D) clarifies when the CSEA must determine the father/child relationship administratively and when it may pursue it through a court action; and (F) states that the CSEA shall not assist either party in disestablishing paternity and discusses when the CSEA may and shall intervene in an action to disestablish paternity.
5101:12‑40‑10Presumption of paternity.12/15/2006
This rule describes when a man is presumed to be the father of a child. Changes in the new rule include: paragraph (A)(2) corrects an error in the presumptions listed in paragraph (A)(1) of the rescinded rule; and (B) includes presumptions that remain in effect even though they are no longer specified in ORC section 3111.03.
5101:12‑40‑15Acknowledgment of paternity.12/15/2006
This rule describes the responsibility of the CSEA in notarizing the acknowledgment of paternity and filing it with OCS and states that the man who signs the acknowledgment assumes the duty of support. Changes in the new rule include: paragraph (A)(1) requires the CSEA to determine whether there is a man who is presumed to be the father of the child and (A)(2) states that the CSEA may notarize the JFS 07038 only when it has determined that there is not a presumed father; (A)(3) requires the CSEA to submit both the JFS 07038 and a JFS 07039 to the CPR; (C) states that the CSEA shall not attempt to overturn or withdraw a JFS 07038 that has been filed with the CPR but shall follow the procedures outlined in rule 5101:12‑40‑17 when one of the parties takes action to rescind the JFS   07038.
5101:12‑40‑17Rescinding an acknowledgment of paternity.12/15/2006
This rule describes the processes by which an acknowledgment of paternity affidavit can be rescinded by an action initiated at the CSEA or by one of the parties filing an action in court. Changes in the new rule include: separated the rule into the administrative process (paragraph (A)) and the judicial process (paragraph (B)); (A)(1) reflects a revised date for the JFS 07038 and references the OAC rule instead of the ORC section for the administrative determination of the father/child relationship; in (A)(2), included new information about rescinding a JFS 07038 during the administrative support order establishment process; in (B)(2), included new information about the parties filing an action under 3119.961 to rescind a JFS 07038.
5101:12‑40‑20Administrative determination of the existence or non-existence of a father and child relationship.12/15/2006
This rule describes the administrative procedure to determine the existence or non-existence of a father and child relationship, the information that must be included in a request to determine the father/child relationship, and which CSEA has administrative responsibility. Changes in the new rule include: the title was changed to reflect the CSEA's requirement to assist the parties in determining whether an alleged father is the natural father of a child; moved the information about administrative responsibility to rule 5101:12‑40‑05; clarified in paragraph (C) what must be contained in a request for an administrative determination of the existence or non-existence of a father and child relationship.
5101:12‑40‑25Court order for genetic testing.12/15/2006
This new rule incorporates information from paragraph (E) of rule 5101:1‑30‑29 regarding a court order for the CSEA to conduct genetic testing and describes the CSEA's responsibility when it receives such an order; paragraph (C) now provides 45 days after receipt of the court order to schedule the genetic testing instead of 30 days.
5101:12‑40‑27Modifying the birth record.12/15/2006
This new rule describes modifying the birth record to change the child's father's name and the child's surname as a result of the CSEA issuing an administrative order finding paternity (JFS 07774) or non-paternity (JFS 07771), the CSEA filing a JFS 07038, or the court issuing an order finding paternity or non-paternity; the requirement for the CSEA to use the JFS 07723 (instead of the HEA 3029) to modify the birth record; the requirement for the CSEA to only issue the JFS 07723 once in conjunction with a JFS 07774 and so the CSEA must ensure that it has determined whether the parties want the child's surname changed before it issues the JFS 07723; and the requirement for the CSEA to maintain documentation in the case record to substantiate that the parents agreed to the change of the child's surname.

OCS has proposed to amend the following rules:

Rule to be AmendedAmended Rule TitleEffective Date of Existing RuleEffective Date of Amendment
5101:12‑40‑20.1Scheduling and conducting genetic tests.9/1/200512/15/2006
This rule describes when and how a CSEA will schedule genetic testing and that it may schedule a conference to provide the mother and alleged father the option to sign an acknowledgment of paternity when there is not a presumed father. Changes include: in paragraph (A), stated that the administrative officer must be assigned upon receipt of a request as described in paragraph (C) of proposed rule 5101:12‑40‑20 and changed the reference from paragraph (D) of rule 5101:12‑40‑20 to paragraph (C) of the same rule; in paragraph (C), changed "outlined" to "described"; in paragraph (D), replaced "a genetic testing order" with "the JFS 07754, "Notice of Request for Paternity Determination and Order to Appear for Genetic Test" (rev. 11/2001)" and "an acknowledgment of paternity affidavit" with "a JFS 07038, "Acknowledgment of Paternity" (rev. 12/2006)" and removed reference to ORC section 3111.03; in paragraph (E), added a second paragraph that describes the CSEA's responsibility to have the parties complete a JFS 01716 when service of process has not been obtained on one of the parties who appears for genetic tests; and in paragraph (F), added that the examiner must be accredited by the American Association of Blood Banks.
5101:12‑40‑20.2Administrative paternity orders.9/1/200512/15/2006
This rule describes the administrative orders a CSEA is authorized to issue when determining the existence or non-existence of a father and child relationship. Changes include: in paragraph (A), deleted reference to rule 5101:12‑30‑10 as it is unnecessary; in paragraph (A)(2), required the CSEA to use the JFS 07771, "CSEA Administrative Order - Non-existence of Child-Parent Relationship" (rev. 1/2006); in (B), changed "If" to "When" and required the CSEA to use the JFS 07773, "CSEA Administrative Order - Paternity Finding Inconclusive" (rev. 8/2005); removed paragraph title "(B)(1)", in accordance with style requirements, but retained the information as an unlettered second paragraph in (B); in both paragraphs of (C)(1), required the CSEA to use the JFS 07771; re-lettered (E) to (F), and changed "if" to "when," changed OAC rule reference to OAC rules "5101:12‑45‑05 to 5101:12‑45‑05.4" and required the CSEA to use the JFS 07782, "Notice of Administrative Hearing to Establish a Support Order" (rev. 06.2001); inserted new paragraph (E) which describes the CSEA's responsibility to send the JFS 07771 and JFS 07774 to the Central Paternity Registry.
      

OCS has amended the following form:

Form to be AmendedAmended Form TitleEffective Date of Existing FormEffective Date of Amendment
JFS 07038Acknowledgment of Paternity Affidavit11/200412/2006
The JFS 07038 was modified to correct the list of presumptions on the first page in the section headed "Purpose of this Affidavit." Additionally, text was added to the second page to explain why the mother and father's social security numbers are required.

OCS has adopted the following form:

Form to be AdoptedAdopted Form TitleEffective Date of Adopted Form
JFS 07039CSEA Transmittal Log12/2006
The CSEA will be required to complete and attach this form to any JFS 07771, JFS 07774, JFS 07038, or JFS 07029 it files with the CPR.
JFS 07723Administrative Order to Modify the Birth Record12/2006
This form is required to be used by CSEAs instead of the HEA 3029. The CSEA will issue the JFS 07723 when it issues a JFS 07771, "CSEA Administrative Order Non-Existence of Child-Parent Relationship," or JFS   07774, "CSEA Administrative Order Establishment of Paternity," to modify the father's name on the birth record if it is not consistent with the JFS 07771 or JFS 07774. If the parties agree to change the child's surname, the JFS 07723 is required to be used by the CSEA to modify the birth record when it has issued a JFS 07774. The CSEA is permitted to issued the JFS 07723 only once in conjunction with a JFS 07774; therefore, the CSEA must ensure that it has determined whether the parties want the child's surname changed before it issues the JFS 07723.

INSTRUCTIONS for RULES:

Rules will be updated in the CSPM on the ODJFS InnerWeb at http://emanuals.jfs.ohio.gov as follows:

  • Rescinded rules will be removed when the rescission becomes effective.
  • Amended rules will be replaced on the effective date of the amended rule.
  • Adopted rules will be inserted on the effective date of the rule.

INSTRUCTIONS for FORMS:

Forms will be updated in the Forms section of the CSPM on the ODJFS InnerWeb at http://emanuals.jfs.ohio.gov as follows:

  • Amended forms will be replaced on the effective date of the amended form.
  • Adopted forms will be inserted on the effective date of the form.

INSTRUCTIONS for CSEA INTERNAL PROCEDURAL HANDBOOK:

Paragraph (I)(1) of OAC rule 5101:12-1-01 states that, whenever a program change requires modification of local procedures, the CSEA is required to revise its internal procedural handbook and submit the revision to OCS within thirty days of the revision. The CSEA should carefully review the adopted and amended rules and forms contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook. The CSEA should give particular care when reviewing the following rules as they contain new or modified requirements with which the CSEA must comply:

RULEPARAGRAPH(s)
5101:12‑1‑85(C), (E), and (F)
5101:12‑40‑05(B), the second paragraph of (D), and (F)
5101:12‑40‑10(A)(2) and (B)
5101:12‑40‑15(A)(1), (A)(2), and (C)
5101:12‑40‑17(B)
5101:12‑40‑20.1(C) and the second paragraph of (E)
5101:12‑40‑20.2(A)(2), (B), and (E)
5101:12‑40‑25(C), (D), (E), and (F)
5101:12‑40‑27(A) and (C)

Additionally, the following forms are required to be used by the CSEA and may necessitate an amendment to the CSEA's internal procedural manual:

  • JFS 07038
  • JFS 07039
  • JFS 07723