The Office of Child Support (OCS) is transmitting new and amended paternity establishment rules and forms with this MTL. The proposed changes to the rules and forms are significant and will require your agency to review local paternity processes for necessary changes.
The rules were reviewed in accordance with section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period.
OCS has proposed to rescind the following rules.
| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
|---|
| 5101:12‑40‑05 | Determination of the existence or non-existence of a father and child relationship | 12/15/2006 | 05/01/14 |
| This rule defines terms used throughout division 5101:12 of the Administrative Code, and describes when a child support enforcement agency (CSEA) will determine the existence or non-existence of a father and child relationship. This rule is being rescinded and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added. |
| 5101:12‑40‑15 | Acknowledgment of paternity | 12/15/2006 | 05/01/14 |
| This rule describes the process to allow parties to voluntarily sign an acknowledgment of paternity affidavit. This rule is being rescinded and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added. |
| 5101:12‑40‑17 | Rescinding an acknowledgment of paternity | 12/15/2006 | 05/01/14 |
This rule describes the processes by which an acknowledgment of paternity affidavit may be rescinded by an action initiated at the CSEA or by one of the parties filing an action in court.
This rule is being rescinded and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.
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| 5101:12‑40‑20.1 | Scheduling and conducting genetic tests | 12/15/2006 | 05/01/14 |
This rule describes the procedures for scheduling and conducting genetic testing to determine the existence or non-existence of a father and child relationship.
This rule is being rescinded and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.
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| 5101:12‑40‑20.2 | Administrative paternity orders | 12/15/2006 | 05/01/14 |
This rule describes the procedures for issuing an administrative paternity order upon the receipt of genetic testing results.
This rule is being rescinded and replaced by a new rule 5101:12‑40‑20.3, but with the same title, because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.
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| 5101:12‑40‑27 | Modifying the birth record | 12/15/2006 | 05/01/14 |
This rule describes the procedure for modifying the birth record as a result of issuing an administrative order finding paternity or non-paternity.
This rule is being rescinded and replaced by a new rule 5101:12‑40‑20.2, but with a different title, because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.
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| 5101:12‑40‑30 | Central paternity registry | 02/15/2007 | 05/01/14 |
This rule describes the responsibilities of the Central Paternity Registry (CPR) and what type of data is required to be maintained in the birth registry.
This rule is being rescinded and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.
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OCS has proposed to adopt the following rules.
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑1‑99 | Chapter 1 forms - Ohio support enforcement program | 05/01/14 |
This is a new rule that 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 5101:12-1 of the Administrative Code.
This rule is authorized by ORC section 3125.25.
|
| 5101:12‑40‑05 | Determination of the existence or non-existence of a father and child relationship | 05/01/14 |
This rule defines terms used throughout division 5101:12 of the Administrative Code and describes when a CSEA will determine the existence or non-existence of a father and child relationship. Changes from the rescinded rule include: a list of the forms with a description of each that may be used in the administrative paternity process.
This rule replaces rescinded rule 5101:12‑40‑05. This rule is authorized by ORC section 3125.25; and amplifies sections 3111.04, 3125.03, and 3125.25
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| 5101:12‑40‑15 | Acknowledgment of paternity | 05/01/14 |
This rule describes the process to allow parties to voluntarily sign an acknowledgment of paternity affidavit.
Changes from the rescinded rule include: clarified the responsibility of the CSEA regarding the determination of whether there is a presumed father prior to notarizing the acknowledgment of paternity affidavit.
This rule replaces rescinded rule 5101:12‑40‑15. This rule is authorized by ORC sections 3111.35 and 3125.25; and amplifies sections 3111.22, 3111.25, and 3125.03.
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| 5101:12‑40‑17 | Rescinding an acknowledgment of paternity | 05/01/14 |
This rule describes the processes by which an acknowledgment of paternity affidavit may be rescinded by the one of the parties at the CSEA or by one of the parties filing an action in court.
Changes from the rescinded rule include: clarified the responsibility of the CSEA when one of the parties fails to submit to genetic testing resulting in an inconclusive administrative order.
This rule replaces rescinded rule 5101:12‑40‑17. This rule is authorized by ORC section 3125.25; and amplifies sections 3111.27, 3111.28, and 3125.03.
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| 5101:12‑40‑20.1 | Scheduling and conducting genetic tests | 05/01/14 |
This rule describes the procedures for scheduling and conducting genetic testing to determine the existence or non-existence of a father and child relationship.
Changes from the rescinded rule include: changes to the process of modifying the child's surname as part of the administrative order, changes to the waiver of service of process allowing the CSEA to use its own form with defined elements.
This rule replaces rescinded rule 5101:12‑40‑20.1. This rule is authorized by ORC sections 3111.611 and 3125.25; and amplifies sections 3111.41, 3111.45, and 3125.03.
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| 5101:12‑40‑20.2 | Agreement to modify the child's surname | 05/01/14 |
This rule describes the process the parties must follow if they agree to change the child's surname as part of the administrative order.
Changes from the rescinded rule include: the process to change the child's surname has changed and clarified language; the new process requires that the parties must agree to the changing of the child's surname prior to the issuance of the administrative order establishing paternity as this agreement will be incorporated by reference in the administrative order.
This rule replaces rescinded rule 5101:12‑40‑27. This rule is authorized by ORC sections 3111.34 and 3125.25; and amplifies sections 3111.30, 3111.52, 3111.58 and 3705.09.
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| 5101:12‑40‑20.3 | Administrative paternity orders | 05/01/14 |
This rule describes the process for issuing an administrative order establishing the existence or non-existence of a child and father relationship. Changes from the rescinded rule include: clarified the actions to be taken upon the issuance of an administrative order, and added the process to be followed when the parties agree to change the child's surname to incorporate it by reference in the administrative order.
This rule replaces rescinded rule 5101:12‑40‑20.2. This rule is authorized by ORC section 3125.25; and amplifies sections 3111.46, 3111.47, 3111.49, 3111.51, and 3111.54.
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| 5101:12‑40‑30 | Central paternity registry | 05/01/14 |
This rule describes the responsibilities of the Central Paternity Registry (CPR) and what type of data is required to be maintained in the birth registry. Changes from the rescinded rule include: clarification of the processes to be taken for the different documents the CPR receives.
This rule replaces rescinded rule 5101:12‑40‑30. This rule is authorized by ORC sections 3111.34, 3111.67, and 3125.25; and amplifies sections 3111.22, 3111.23, 3111.24, 3111.27, 3111.64, 3111.65, 3111.66, and 3125.03.
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| 5101:12‑40‑99 | Chapter 40 Forms - Paternity Establishment | 05/01/14 |
This is a new rule that 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 is authorized by ORC section 3125.25.
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OCS has proposed to amend the following rules. The rules were reviewed in accordance with section 119.032 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 |
|---|
| 5101:12‑1‑85 | Statewide genetic testing contract | 12/15/2006 | 05/01/14 |
This rule describes the statewide contract for genetic testing that the Ohio Department of Job and Family Services (ODJFS) may enter into with a laboratory that performs genetic testing. Revised paragraph (C)(2) to update the effective date of JFS 07038 and update the reference to the Administrative Code rule.
This rule is authorized by ORC section 3125.25; and amplifies sections 3111.45 and 3125.03.
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| 5101:12‑40‑01 | Distribution of paternity acknowledgment | 12/15/2006 | 05/01/14 |
This rule describes the responsibility of OCS to develop and disseminate a paternity establishment brochure and acknowledgment of paternity affidavit. Revised paragraph (A) for clarity.
This rule is authorized by ORC section 3125.25; and amplifies sections 3111.32 and 3111.33.
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| 5101:12‑40‑10 | Presumption of paternity | 12/15/2006 | 05/01/14 |
This rule describes when a man is presumed to be the father of a child. Revised paragraph (A)(5) to update the effective date of JFS 07038.
This rule is authorized by ORC section 3125.25; and amplifies sections 3111.03, 3111.95 and 3125.03.
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| 5101:12‑40‑36 | Reimbursement for cost of genetic testing | 2/15/2006 | 05/01/14 |
This rule describes when and from whom the CSEA may seek reimbursement for the costs of genetic testing. Revised paragraph (A)(3) for clarity.
This rule is authorized by ORC section 3125.25; and amplifies sections 3111.09 and 3125.03.
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OCS has proposed the following rules with no changes. The rules have been reviewed in accordance with section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period. The effective date of the rules will remain the same as the existing rules pursuant to paragraph (E) of section 119.032 of the Revised Code:
| No Change Rule | Rule Title | Effective date of Rule |
|---|
| 5101:12‑40‑20 | Administrative determination of the existence or non-existence of a father and child relationship | 12/15/06 |
This rule describes the administrative procedure to determine the existence or non-existence of a father and child relationship and the information that must be included in a request to determine a father and child relationship.
This rule is authorized by ORC section 3125.25; and amplifies sections 3111.38, 3111.40, 3125.03.
|
| 5101:12‑40‑25 | Court order for genetic testing | 12/15/06 |
This rule describes the CSEAs responsibilities when a court order for genetic testing is received.
This rule is authorized by ORC section 3125.25; and amplifies section 3111.09.
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OCS has proposed to rescind the following forms.
| Rescinded Form | Rescinded Form Title | Effective Date of Rescission |
|---|
| JFS 07039 | CSEA Transmittal Log | 05/01/14 |
| This form is attached to any JFS 07771, JFS 07774, JFS 07038, and JFS 07029 it files with the CPR. This is no longer a required form and is no longer in use by the CSEA. |
| JFS 07723 | Administrative Order to Modify the Birth Record | 05/01/14 |
| This form is used when a CSEA issues a JFS 07771 and JFS 07774 to modify the father's name and/or the child's name on the birth record. This form is being rescinded and replaced with the JFS 04070. |
OCS has proposed to revise the following forms:
| Revised Form | Revised Form Title | Effective Date of Form |
|---|
| JFS 01716 | Waiver of Service of Notice and Order to Appear for Genetic Testing | 05/01/14 |
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 that party appears for genetic testing.
Revisions include minor grammatical changes and formatting changes.
|
| JFS 07029 | Request for Paternity Determination and Notification to Central Paternity Registry | 05/01/14 |
This form is used when a party that signed the JFS 07038 wishes to rescind the JFS 07038 and requests the CSEA to determine the existence or non-existence of a father and child relationship through the administrative process.
Revisions include minor grammatical changes and formatting changes.
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| JFS 07038 | Acknowledgment of Paternity Affidavit | 05/01/14 |
This form is utilized by the parties 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.
Revisions were made to remove information that was being requested by the parties but was not required.
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| JFS 07754 | Notice of Request for Paternity Determination and Order to Appear for Genetic Tests | 05/01/14 |
This form is sent to the natural mother of the child, each man presumed to be the father of the child, and each man alleged to be the father of the child to provide notice of the request to determine the existence or non-existence of a father and child relationship and scheduling of genetic testing.
Revisions were made to include language instructing the parties on the process to compete if they wish to change a child's surname.
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| JFS 07771 | CSEA Administrative Order Non-Existence of Father and Child Relationship | 05/01/14 |
This administrative order is issued to the parties when through the administrative process the alleged father is excluded from being the father of the child. The title of this form has been changed.
Revisions include language that orders the Ohio Department of Health to make changes to a child's birth record as determined by the completion of genetic testing.
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| JFS 07773 | CSEA Administrative Order Paternity Finding Inconclusive | 05/01/14 |
This administrative order is issued to the parties when through the administrative process one of parties fails to submit to genetic testing.
Revisions include minor grammatical changes and formatting changes.
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| JFS 07774 | CSEA Administrative Order Establishment of Paternity | 05/01/14 |
This administrative order is issued to the parties when through the administrative process the alleged father is determined to be the natural father of the child.
Revisions include language that orders the Ohio Department of Health to make changes to a child's birth record as determined by the completion of genetic testing.
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OCS has proposed to adopt the following forms:
| Adopted Form | Adopted Form Title | Effective Date of Form |
|---|
| JFS 04070 | Addendum to the Administrative Order to Modify the Birth Record - Child's Surname | 05/01/14 |
| This form is used when the alleged father and natural mother agree that if the alleged father is found to be the natural father of the child through genetic testing that the child's name will be changed as part of the administrative order. |
| JFS 04070-I | Instructions for completing the JFS 04070, Addendum to the Administrative Order to Modify the Birth Record - Child's Surname | 05/01/14 |
| This is an instruction sheet 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. |
INSTRUCTIONS:
When the CSPMTL is published, the CSPM will be updated as follows:
- A rescinded rule will be moved from the CSPM to the OAC Archive section of the eManuals.
- An amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.
- An adopted rule will be inserted in the CSPM.
- A no change rule will continue with the same effective date.
- A revised form will be replaced with the amended form.
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 rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook.