CSPMTL 192 (Five Year Rule Review - Paternity Rules and Forms)
Child Support Program Manual Transmittal Letter No. 192
January 4, 2024
TO: All Child Support Program Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Five Year Rule Review - Paternity Rules and Forms

The Office of Child Support (OCS) is conducting a rule review in accordance with section 106.031 of the Revised Code, which requires the review of all state agency rules within a five-year period.

OCS has filed the following rules as no change. The effective date of the rules remains the same as the existing rules:

Rule Number Rule Title Effective Date
5101:12‑1‑85 Statewide Genetic Testing Contract 5/01/2014

This rule describes the statewide genetic testing contract that the Ohio Department of Job and Family Services (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.

5101:12‑40‑01 Distribution of Paternity Acknowledgement Affidavit and Brochure 11/15/2019

This rule describes that ODJFS shall make the Paternity Acknowledgment Affidavit and the paternity brochure available to entities and any individual that requests such document.

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

5101:12‑40‑05 Determination of the Existence or Non-Existence of a Father and Child Relationship 5/01/2023

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.

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.

5101:12‑40‑10 Presumption of Paternity 5/01/2014

This rule describes when a father is presumed to be 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.

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

This rule describes the administrative process for a CSEA to rescind a JFS 07038,

"Acknowledgment of Paternity Affidavit."

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

5101:12‑40‑20.1 Scheduling and Conducting Genetic Tests 5/01/2023

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 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.

5101:12‑40‑20.2 Agreement to Modify the Child's Surname 11/15/2019

This rule describes the process the CSEA shall follow when parents want to change a child’s surname as part of an administrative order.

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.

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

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

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

5101:12‑40‑36 Reimbursement for Cost of Genetic Testing 5/01/2014

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 amended the following rules:

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amendment
5101:12‑1‑99 Chapter 5101:12-1 forms - Ohio support enforcement program 6/01/2023 01/15/2024

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 5101:12-1 of the Administrative Code. 

Changes to the rule include: updated the effective date of JFS 07038, and removed the JFS 07713 as it is no longer needed.

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

of the Revised Code.

5101:12‑40‑15 Acknowledgment of Paternity 11/15/2019 01/15/2024

This rule describes the process 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. The rule is being revised to comply with HB 33 of the 135th General Assembly.  Changes to this rule include:

Specified that the acknowledgment may be transmitted electronically to the Central Paternity Registry (CPR), by the hospitals, vital statistics, and the CSEAs,

Specified that a CSEA must provide a notary to notarize the paternity affidavit or two witnesses to witness the paternity affidavit, and

Deleted paragraph (I), as the provisions are already stated in paragraph (D)(3) of rule 5101:12‑40‑30 of OAC.

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

5101:12‑40‑20 Administrative Determination of the Existence or Non-Existence of a Father and Child Relationship 2/11/2019 01/15/2024

This rule describes the process a CSEA shall follow to administratively determine the existence or non-existence of a father and child relationship. The provisions in paragraph (D) are being removed as section 3111.40 of ORC was rescinded in HB 33 of the 135th General Assembly.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3111.38 and 3125.03.

5101:12‑40‑30 Central Paternity Registry 11/15/2019 01/15/2024

This rule describes the requirements that CPR must follow in maintaining a birth registry.  The rule is being revised to comply with HB 33 of the 135th General Assembly.  Changes to this rule include:

Removed the paper color requirement for the JFS 07038,

Specified that the parents' signatures must be properly notarized or witnessed by two adult witnesses,

Clarified when the JFS 07038 is considered to be completed correctly,

Clarified procedures for CPR to use upon receipt of a JFS 07038, and

Paragraph (E) was revised to clarify the process when CPR receives a request to rescind the JFS 07038.

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.

5101:12‑40‑99 Chapter 5101:12-40 forms - paternity establishment 5/01/2023 01/15/2024

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.  The rule is being revised to update the effective date of JFS 08079.

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

OCS has rescinded the following rule:

Rule Number Rule Title Effective date
5101:12‑55‑30 State Lottery Prize Award Intercept 01/15/2024

This rule describes the process used by a CSEA to issue an intercept directive to the Ohio Lottery Commission (OLC) to transmit an amount from the proceeds of a specified lottery prize award to the Office of Child Support (OCS), when the prize winner is an obligor who is subject to a final and enforceable determination of default. 

This rule is no longer needed as the manual process to intercept lottery winnings is being removed from ORC section 3123.89 by HB 33 of the 135th General Assembley135.

OCS has revised the following forms:

Form Number Form Title Prior Effective Date of Form Revised Effective Date
JFS 07038 Acknowledgment of Paternity Affidavit 05/2014 10/2023

This form is utilized by the unmarried parents in Ohio when they wish to voluntarily acknowledge paternity and do not wish to go through the administrative process to determine the existence or non-existence of a father and child relationship.

The following revisions are being made:

Clarified when the paternity affidavit may be rescinded after it has been signed,

Clarified when the paternity affidavit cannot be signed,

Added an option for the parents to sign the affidavit in the presence of two adult witnesses, and

Added optional fields for the parents to provide a telephone number.

JFS 08079 Paternity and Acknowledgment of Paternity Affidavit Brochure 05/2021 10/2023

This form is a brochure, which provides important information to unmarried parents about the benefits of establishing paternity and how to establish it.  The brochure is typically distributed by the CSEA, local health departments, hospitals or birthing facilities to unmarried parents to provide information regarding the process to establish paternity in Ohio.

The brochure is being revised to clarify that the parents must sign the affidavit in the presence of a public notary or in the presence of two adult witnesses; and to update the ODJFS logo.

 

OCS has obsoleted the following forms:

Form Number Form Title Prior Effective Date of Form Effective Date
JFS 07070 Notice to Terminate the State Lottery Prize Award Intercept Directive 8/2017 01/15/2024
This form is used to notify the Ohio lottery commission to terminate the state lottery prize award intercept directive. The form is no longer needed as the process in now automated.
JFS 07071 State Lottery Prize Award Intercept Directive 8/2017 01/15/2024
This form is used to notify the Ohio lottery commission to deduct an amount from the lottery prize award to satisfy all or part of an obligor’s child support obligation. The form is no longer needed as the process in now automated.
JFS 07071-I Instructions For Completing the JFS 07071 4/2022 01/15/2024
The form is used to give the CSEA instructions when completing the JFS 07071. The instructions are no longer needed as the process is now automated.
JFS 07713 Child Welfare Agency Locate-Only Request 4/2018 01/15/2024

The purpose of this form is to share information with the Title IV-B and Title IV-E agencies about the parents of a child. The Title IV-B or Title IV-E agency will be submitting a request to locate a parent of a child to assist the agency with the placement of a child in foster care or removing a child from foster care to a permanent home. After CSEA completes the locate request, the information is returned to the Title IV-B or Title IV-E agency.

This form is being rescinded because the information that was collected on this form is now obtained through an electronic interface.

INSTRUCTIONS:

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

  • A No Change rule will continue with the same effective date,
  • An Amended rule will be inserted, and the previous version will be moved to the OAC Archive section of the eManuals,
  • A rescinded rule will be moved to the OAC Archive section of the eManuals
  • A Revised form will replace the current posted form,
  • An Obsolete from will be removed from the CSPM

The rules and forms in the CSPM can be accessed at: http://emanuals.jfs.ohio.gov/ 

INSTRUCTIONS for CSEA INTERNAL PROCEDURAL HANDBOOK:

Paragraph (J)(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.