CSPMTL 157 (Paternity Rules and Forms- 5 Year Rule Review)
Child Support Program Manual Transmittal Letter No. 157
November 1, 2019
TO: All Child Support Program Manual Holders
FROM: Kimberly Hall, Director
SUBJECT: Paternity Rules and Forms- 5 Year Rule Review

The Office of Child Support (OCS) has amended and filed as no change the following rules. These rules have been reviewed in accordance with section 106.03 of the Revised Code, which requires the review of all state agency rules within a five-year period.

Amended

Rule

Amended Rule Title

Prior Effective

Date of Rule

Effective Date

of Amendment

5101:12‑40‑01 Distribution of Paternity Acknowledgment Affidavit and Brochure 5/1/2014 11/15/2019

This rule describes who the Ohio Department of Job and Family Services (ODJFS) shall make the Paternity Acknowledgment Affidavit and Brochure available to. This rule has been amended to correct the spelling of “acknowledgment” in the rule title and text and for minor grammatical corrections.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3111.09, 3111.32, 3111.33 and 3125.03.

Amended

Rule

Amended Rule Title

Prior Effective

Date of Rule

Effective Date

of Amendment

5101:12‑40‑15 Acknowledgment of Paternity 5/1/2014 11/15/2019

This rule describes the process for parties to sign the JFS 07038, “Acknowledgment of Paternity Affidavit” for a mother of a child and a man alleging himself to be the natural father of the child. This rule has been amended to add and correct an ORC reference in paragraph (A), updated the name of the statewide automated eligibility system in paragraph (B) and for minor grammatical corrections.

This rule is authorized by ORC sections 3111.35 and 3125.25, and amplifies ORC sections 3111.22, 3111.23, 3111.25 and 3125.03.

Amended

Rule

Amended Rule Title

Prior Effective

Date of Rule

Effective Date

of Amendment

5101:12‑40‑17 Rescinding an Acknowledgment of Paternity 5/1/2014 11/15/2019

This rule describes the process for a Child Support Enforcement Agency (CSEA) to rescind a JFS 07038. This rule has been amended to add language that requires a IV-D application for services when a CSEA determines the existence or non-existence for a father and child relationship.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3111.27, 3111.28 and 3125.03.

Amended

Rule

Amended Rule Title

Prior Effective

Date of Rule

Effective Date

of Amendment

5101:12‑40‑20.1 Scheduling and Conducting Genetic Tests 5/1/2014 11/15/2019

This rule describes the process the CSEA shall follow when scheduling and conducting genetic tests to determine the existence or non-existence of a father and child relationship. This rule has been amended to correct the JFS 04070 form title in paragraph (D).

This rule is authorized by ORC sections 3111.611 and 3125.25, and amplifies ORC sections 3111.41, 3111.43, 3111.44, 3111.45, 3111.58 and 3125.03.

Amended

Rule

Amended Rule Title

Prior Effective

Date of Rule

Effective Date

of Amendment

5101:12‑40‑20.2 Agreement to Modify the Child’s Surname 5/1/2014 11/15/2019

This rule describes the process the CSEA shall follow when parties want to change a child’s surname as part of an administrative order. This rule has been amended to correct the JFS 04070 form title in paragraph (B).

This rule is authorized by ORC sections 3111.34 and 3125.25, and amplifies ORC sections 3111.30, 3111.52, 3111.58 and 3705.09.

Amended

Rule

Amended Rule Title

Prior Effective

Date of Rule

Effective Date

of Amendment

5101:12‑40‑30 Central Paternity Registry 5/1/2014 11/15/2019

This rule describes the requirements that the central paternity registry (CPR) must follow in maintaining a birth registry. This rule has been amended to correct the JFS 07771 form title in paragraph (A) and the JFS 04070 form title in paragraph (B), to add “court” as the lead in of paragraphs (B) and (C) since CPR also receives court orders and records them in the birth record, and for minor grammatical changes in paragraphs (B) and (C).

This rule is authorized by ORC sections 3111.34, 3111.67 and 3125.25, and amplifies ORC sections 3111.22, 3111.23, 3111.24, 3111.27, 3111.64, 3111.65, 3111.66 and 3125.03.

Amended

Rule

Amended Rule Title

Prior Effective

Date of Rule

Effective Date

of Amendment

5101:12‑40‑99 Chapter 5101:12-40 Forms-Paternity Establishment 2/11/2019 11/15/2019

This rule contains a compilation of forms with their effective or revised effective date, referenced within various rules contained within 5101:12 of the Administrative Code, but first cited within Chapter 5101:12-40 of the Administrative Code. This rule has been amended to correct the spelling of “division” in the first paragraph, to revise the review dates in three of the forms and to correct the spelling of the JFS 08079 form title.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3125.03 and 3125.25.

OCS has filed as no change to the following rules.

Rule Rule Title

Effective

Date of Rule

5101:12‑1‑85 Statewide Genetic Testing Contract 5/1/2014

This rule describes the statewide genetic testing contract that ODJFS may enter into with a laboratory that performs genetic testing.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3111.45 and 3125.03.

Rule Rule Title

Effective

Date of Rule

5101:12‑40‑10 Presumption of Paternity 5/1/2014

This rule describes a presumption of paternity of the natural father of a child.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3111.03, 3111.95 and 3125.03.

Rule Rule Title

Effective

Date of Rule

5101:12‑40‑36 Reimbursement for Cost of Genetic Testing 5/1/2014

This rule describes when a CSEA may seek reimbursement for the costs of genetic testing.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3111.09 and 3125.03.

OCS has revised the following forms:

Revised

Form

Revised Form Title

Prior Effective

Date of Form

Effective Date

of Revision

JFS 01716 Waiver of Service of Notice and Order to Appear for Genetic Testing 5/2014 10/2019

This form is used when service of process has not been obtained on the presumed father, alleged father or natural mother of the child and they appear for genetic testing.

This form has been revised to comply with IPP 4301 requirements and to update field names and fillable boxes in the header and throughout the text.

Revised

Form

Revised Form Title

Prior Effective

Date of Form

Effective Date

of Revision

JFS 04070-I Instructions for Completing the JFS 04070, Addendum to the Administrative Order to Modify the Birth Record-Child Surname 5/2014 10/2019

This is an instruction document to assist an alleged father or natural mother in completing the JFS 04070 if they agree to change the child's surname as part of the administrative order.

This form has been revised to remove “TBD” after the JFS 04070 form title in the first paragraph and other minor grammatical changes.

Revised

Form

Revised Form Title

Prior Effective

Date of Form

Effective Date

of Revision

JFS 08079 Acknowledgment of Paternity Affidavit Brochure 1/2017 2/2019

This form is a brochure that is typically distributed by local health departments and hospitals or birthing facilities to unmarried parents to provide information regarding the process to establish paternity in Ohio and the "Acknowledgment of Paternity Affidavit." The CSEA may also distribute the brochure when appropriate.

This form has been updated with the change in the Director and Governor’s names.

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
  • A revised form will be replaced with the amended form

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.