CSPMTL 143 (Paternity Establishment)
Child Support Program Manual Transmittal Letter No. 143
February 1, 2019
TO: All Child Support Program Manual Holders
FROM: Michael J. McCreight, Interim Director
SUBJECT: Paternity Establishment

The Office of Child Support (OCS) has reviewed the rules in accordance with section 106.03 of the Ohio Revised Code (ORC) which requires the review of all state agency rules within a five-year period, and to comply with Senate Bill 70 of the 132nd General Assembly.

OCS has amended the following rules:

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amendment
5101:12‑40‑05 Determination of the Existence or Non-Existence of a Father and Child Relationship 5/1/2014 2/11/2019

This rule describes the requirements for a child support enforcement agency (CSEA) to determine the existence or non-existence of a father and child relationship.  This rule includes terms, definitions and forms that apply throughout division 5101:12 of the Administrative Code.

Changes to the rule include: changing the objection period of the administrative order from 30 to 14 days, and adding language in paragraph (D) to require a IV-D application or referral to be completed.

This rule is authorized by ORC sections 3111.35 and 3125.25; and amplifies ORC sections 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 and 3125.99.

5101:12‑40‑20 Administrative Determination of the Existence or Non-Existence of a Father and Child Relationship 5/1/2014 2/11/2019

This rule describes the process a CSEA shall follow to administratively determine the existence or non-existence of a father and child relationship.

Changes to the rule include: adding language in paragraph (A) to require a IV-D application or referral to be completed, and a minor grammatical change.
This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3111.38, 3111.40 and 3125.03.

5101:12‑40‑20.3 Administrative Paternity Orders 5/1/2014 2/11/2019

This rule describes the requirements for a CSEA to issue an administrative paternity order.

Changes to the rule include: correcting a form title in paragraph (A), adding language in paragraph (A) to refer a case to court if identical siblings are named as the alleged father, and changing the objection period of the administrative order from 30 to 14 days.

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3111.46, 3111.47, 3111.49, 3111.51 and 3111.54.

5101:12‑40‑99 Chapter 5101:12-40 Forms – Paternity Establishment 8/1/2017 2/11/2019

This rule contains a compilation of forms with their effective or revised effective date, referenced within various rules contained within division 5101:12 of the Administrative Code, but first cited within Chapter 5101:12-40 of the Administrative Code.

Changes to the rule include: revising the JFS 07771, JFS 07774, and JFS 07782 effective dates, and correcting the JFS 07771 form title.
This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3125.03 and 3125.25.

OCS has revised the following forms:

Form to be Amended Amended Form Title Effective Date of Existing Form Effective Date of Amendment
JFS 07771 CSEA Administrative Order Non-Existence of Father and Child Relationship 5/2014 2/2019
Changes to the form include: updating the form header, changing the objection period of the administrative order from 30 to 14 days, and updating the form effective date.  It is used by the CSEA when the determination is made of the non-existence of the parent-child relationship.
JFS 07774 CSEA Administrative Order Establishment of Paternity 5/2014 2/2019
Changes to the form include: updating the form header and address fields, changing the objection period of the administrative order from 30 to 14 days, and updating the form effective date.  It is used by the CSEA when the determination is made of the existence of the father and child relationship.
JFS 07782 Notice of Administrative Hearing to Establish a Support Order 6/2001 2/2019
Changes to the form include: updating the form header and address fields, making updates to comply with IPP 4301, various language changes to comply with Senate Bill 70, and updating the form effective date.  It is used by the CSEA to notify parties of the scheduled administrative hearing to determine the establishment of a child support order.

INSTRUCTIONS:

When the CSPMTL is published, the CSPM will be updated as follows:

 

  • An amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.
  • A no change rule will continue with the same effective date.

The rules and forms in the CSPM can be accessed at:

http://emanuals.jfs.ohio.gov/

Forms can also be accessed on the ODJFS Forms Central InnerWeb page at:

http://www.odjfs.state.oh.us/forms/inner.asp

or on the ODJFS Forms Central Internet page at:

http://www.odjfs.state.oh.us/forms/inter.asp

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 amended rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook.