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.