5101:12-40 Paternity Establishment
5101:12-40-36 Reimbursement for cost of genetic testing.
Effective Date: May 1, 2014 (No Change)
Most Current Prior Effective Date: February 15, 2007

(A)Unless the custodian of the child is the recipient of IV-D services, the child support enforcement agency (CSEA) may seek reimbursement for the costs of genetic testing from:

(1)Any individual in an action to determine the existence or non-existence of a father and child relationship.

(2)The person against whom the court assesses the costs of the action in an action brought under sections 3111.01 to 3111.18 of the Revised Code, in accordance with section 3111.09 of the Revised Code.

Except as provided in paragraph (B) of this rule, the CSEA shall not seek reimbursement for the costs of genetic testing from a person who is a recipient or former recipient of Ohio works first.

(B)When the CSEA has previously conducted genetic testing on the child, child's mother, alleged father, or any other defendant and an action is brought under sections 3111.01 to 3111.18 of the Revised Code to object to the result of those previous tests, the CSEA shall require the person to pay for the costs of such additional testing in advance.

(C)When reimbursement is received for genetic testing costs that were paid by the Ohio department of job and family services (ODJFS), the CSEA shall ensure that the collection is disbursed to ODJFS.

The CSEA is entitled to retain reimbursement of genetic testing costs that were paid by the CSEA.

Five Year Review (FYR) Dates: 10/20/2023 and 10/20/2028

Certification: CERTIFIED ELECTRONICALLY

Date: 10/20/2023

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3111.09, 3125.03

Prior Effective Dates: 02/15/2007, 05/01/2014