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.