reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-01.1 - IV-D application and IV-D referral

Current through all regulations passed and filed through July 1, 2024
(A) IV-D application.
(1) The child support enforcement agency
			 (CSEA) will make IV-D applications readily accessible to the
			 public. The CSEA 
									will provide a IV-D application to an individual
			 requesting services on the day the individual makes a request in person or send
			 a IV-D application to the individual within five working days of a written or
			 telephone request.
(2) The CSEA
			 will not mandate an application, other request for services, or an application
			 fee from any individual who is eligible to receive IV-D services as a result of
			 a referral described in paragraph (B) of this rule, unless, after receipt of
			 the IV-D referral, IV-D services were terminated in accordance with rule
			 5101:12-10-70 of the
			 Administrative Code.
(3) The CSEA
			 
									will
			 charge a one dollar IV-D application fee when an individual files a IV-D
			 application. The CSEA may 
									request the applicant to pay the IV-D application
			 fee or may absorb the IV-D application fee.
(4) The CSEA will accept a
			 completed and signed IV-D application as filed on the day the IV-D application
			 was received by the CSEA and the application fee was received or absorbed by
			 the CSEA.
(5) When IV-D services
			 were previously terminated, the individual 
									will file a new
			 IV-D application and be charged an application fee unless:
(a) The CSEA receives a IV-D referral;
			 or
(b) The CSEA
			 reopens the IV-D case for administrative
			 reasons.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-02 - Case intake

Current through all regulations passed and filed through July 1, 2024
(A) Within twenty days of receipt of a
			 request for services, as described in rule
			 5101:12-10-01 of the
			 Administrative Code, the child support enforcement agency (CSEA) shall:
(1) Establish a case
			 record, as described in rule
			 5101:12-10-05 of the
			 Administrative Code;
(2)
			 Determine if there is enough location information to proceed with the case and,
			 if not, request additional information or refer the case for additional
			 location attempts;
(3) Issue the following
			 forms to the applicant for services:
(a) JFS
			 07647, "Notice of Case Status Application" (effective or revised effective date
			 as identified in rule
			 5101:12-10-99 of the
			 Administrative Code);
(b) JFS
			 07012, "Explanation of State Hearing Procedures (Rights and Responsibilities of
			 Parents Receiving Child Support Services)" (effective or revised effective date
			 as identified in rule
			 5101:12-10-99 of the
			 Administrative Code); and
(c) JFS
			 04059, "Explanation of State Hearing Procedures" (rev. 01/2015); and
(4) Determine which
			 county has administrative responsibility for the case in accordance with rules
			 5101:12-10-03 and
			 5101:12-10-04 of the
			 Administrative Code and, if appropriate, transfer the case to the CSEA with
			 administrative responsibility.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-03 - Administrative responsibility

Current through all regulations passed and filed through July 1, 2024
(A) This rule describes which child support
			 enforcement agency (CSEA) has administrative responsibility for a case.
			 Administrative responsibility for intergovernmental cases is described in rule
			 5101:12-10-04 of the
			 Administrative Code. The CSEA with administrative responsibility
			 will
			 provide all support enforcement program services.
(B) General principles regarding
			 administrative responsibility.
(1) When a CSEA
			 receives a request for services pursuant to rule
			 5101:12-10-01 of the
			 Administrative Code, the CSEA shall have administrative responsibility unless a
			 legal basis exists which precludes that CSEA from assuming administrative
			 responsibility.
(a) For the purpose of this
			 rule "legal basis" means that the CSEA has determined, based on the facts and
			 circumstances of the case, that no legal authority exists which will allow the
			 CSEA to provide support enforcement program services and
			 allows the CSEA to proceed in accordance with
			 paragraph (F) of this rule.
(b) In
			 making the determination regarding the CSEA's authority to proceed, the CSEA
			 will be
			 bound by the administrative responsibility provisions of paragraphs (C), (D),
			 and (E) of this rule.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-04 - Administrative responsibility for an intergovernmental case

Current through all regulations passed and filed through July 1, 2024
(A) This rule describes which child support
			 enforcement agency (CSEA) has administrative responsibility for an
			 intergovernmental case. Administrative responsibility for a
			 non-intergovernmental case is described in rule
			 5101:12-10-03 of the
			 Administrative Code. The CSEA with administrative responsibility
			 will
			 provide all support enforcement program services.
(B) General principles regarding
			 administrative responsibility.
(1) When a CSEA
			 receives a request for services pursuant to rule
			 5101:12-10-01 of the
			 Administrative Code, the CSEA will have administrative responsibility unless a legal
			 basis exists, which precludes that CSEA from assuming administrative
			 responsibility.
(a) For the purpose of this
			 rule "legal basis" means that the CSEA has determined, based on the facts and
			 circumstances of the case, that no legal authority exists, which will allow the
			 CSEA to provide support enforcement program services and
			 
										allows the CSEA to proceed in accordance with
			 paragraph (F) of this rule.
(b) In
			 making the determination regarding the CSEA's authority to proceed, the CSEA
			 will be
			 bound by the administrative responsibility provisions of paragraphs (C), (D),
			 and (E) of this rule.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-20 - Family violence indicator

Current through all regulations passed and filed through July 1, 2024
(A) This rule and its supplemental rule
			 describe the family violence indicator (FVI). The FVI reflects that there is
			 reasonable evidence that a case participant is subject to family violence or
			 there is reason to believe that the release of information regarding a case
			 participant may result in family violence.
(B) The office of child support (OCS) within
			 the Ohio department of job and family services (ODJFS) is required to:
(1) Identify and maintain information that
			 indicates whether a case participant is subject to family violence or child
			 abuse; and
(2) Send information
			 regarding whether a case participant is subject to family violence as part of a
			 referral to the federal case registry (FCR).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-30 - Assignment of support

Current through all regulations passed and filed through July 1, 2024
(A) This rule describes when support is
			 assigned to the Ohio department of job and family services (ODJFS) due to the
			 receipt of Ohio works first (OWF), medical assistance, or Title IV-E foster
			 care maintenance (FCM) benefits.
(B) The following definition applies to rules
			 in division 5101:12 of the Administrative Code:
"Assigns" means the transfer of rights or property from a
				person to ODJFS.
(C) The
			 following definitions are specific to this rule:
(1)
									 "Assistance
			 group" means, in accordance with section
			 5107.02 of the Revised Code, a
			 group of individuals treated as a unit for purposes of determining eligibility
			 for and the amount of assistance provided under Ohio works
			 first.
(2) "Authorized representative" means, in accordance
			 with rule
			 5101:1-2-01
			 of the Administrative Code, an individual who is age eighteen or older who
			 stands in the place of and acts on behalf of the members of an OWF assistance
			 group.
(3) "Medical assistance" includes, in accordance with
			 section 
										5160.35
									of the Revised
			 Code, medicaid
									and the children's health insurance program.
(4) "Medical support" means support specified as
			 support for the purpose of medical care by order of a court or administrative
			 agency, which includes:
(a) Current cash
			 medical support;
(b) Current
			 medical support obligations;
(c)
			 Cash medical support arrears that accrued while the person received medical
			 assistance; and
(d) Medical support
			 arrears that accrued while the person received medical assistance.
(5) "Minor child" means, in accordance with section
			 5107.02 of the Revised Code:
(a) An individual who has not attained the
			 age of eighteen; or
(b) An
			 individual who has not attained the age of nineteen and is a full-time student
			 in a secondary school or in the equivalent level of vocational or technical
			 training.
(6) "Obligee" means the person who is or may be
			 entitled to receive support under the terms of a support order.
(7)
			 "Obligor" means the person who is or may be required to pay support under the
			 terms of a support order.
(8) "Person" means a
			 parent, caretaker, authorized representative, or entity.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-31 - Requirement to cooperate with the child support enforcement agency

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 describes the requirement for an applicant for or a recipient of Ohio works
			 first (OWF), medicaid, or Title IV-E foster care maintenance (FCM) benefits to
			 cooperate with the child support enforcement agency (CSEA) in establishing
			 paternity or in establishing, modifying, or enforcing a support
			 order.
(B) The following
			 definitions and terms apply to this rule:
(1)
			 "Caretaker" means:
(a) The parent, adult, or
			 minor head of household with whom a child who receives OWF or medicaid resides;
			 or
(b) The Title IV-E agency that
			 has custody of a child who receives FCM benefits.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-32 - Good cause waiver of cooperation

Current through all regulations passed and filed through July 1, 2024
(A) A caretaker of a child who has a
			 requirement to cooperate with the child support enforcement agency (CSEA) due
			 to the receipt of Ohio works first (OWF), medicaid, or Title IV-E foster care
			 maintenance (FCM) benefits may request a good cause waiver of the requirement
			 to cooperate with the CSEA. When the CSEA determines that cooperation from the
			 caretaker is not in the best interests of the child or would make it more
			 difficult for the caretaker or child to escape domestic violence, the CSEA
			 shall approve a good cause waiver. This rule describes the good cause waiver
			 process.
(B) The following terms
			 and definitions apply to this rule:
(1)
			 "Caretaker" means:
(a) The parent, adult, or
			 minor head of household with whom a child who receives OWF or medicaid resides;
			 or
(b) The Title IV-E agency who
			 has custody of a child who receives FCM benefits.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-45.1 - IV-D county contracts; allowable costs and sources of the non-federal share. [Rescinded]

Current through all regulations passed and filed through July 1, 2024
Rescinded eff 2-15-09
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-70 - Termination of services

Current through all regulations passed and filed through July 1, 2024
(A) This rule describes the conditions that
			 must exist and the process a child support enforcement agency (CSEA) shall use
			 to terminate IV-D services or to terminate support enforcement program services
			 (i.e., case closure).
(B) Terms
			 used in this rule.
(1) "Alleged father," as
			 used in this rule, means a man who alleges or is alleged to be the father of a
			 child.
(2) "Caretaker," as used in
			 this rule, means the custodial parent, individual, or agency that is or may
			 become the beneficiary of a support order.
(3) "Case closure" means the termination of
			 support enforcement program services.
(4) "Duty to provide support enforcement
			 program services" means the responsibility, imposed pursuant to section
			 3125.11 of the Revised Code, to
			 enforce support orders in the county the CSEA services.
(5) "IV-D case" is defined in rule
			 5101:12-1-10 of the
			 Administrative Code.
(6) "IV-D
			 services" are identified in rule
			 5101:12-10-01 of the
			 Administrative Code and also include support enforcement program
			 services.
(7) "Non-custodial
			 parent" or "NCP" means an individual who is or may become obligated to pay
			 support.
(8) "Non IV-D case" is
			 defined in rule
			 5101:12-1-10 of the
			 Administrative Code.
(9)
			 "Non-public assistance case" or "NPA case," for the purposes of this rule, is a
			 IVD case in which:
(a) The CSEA approved a
			 IV-D application;
(b) The CSEA
			 received a IV-D referral but the Ohio works first (OWF), medicaid, or Title
			 IV-E foster care maintenance (FCM) benefits have terminated. There may or may
			 not be assigned arrears; or
(c) The
			 CSEA received a IV-D referral and the child is currently receiving medicaid
			 benefits and one of the following exists:
(i)
			 The caretaker with whom the child resides is not receiving medicaid benefits;
			 or
(ii) The caretaker with whom the
			 child resides is receiving medicaid benefits and the caretaker meets one of the
			 exceptions to cooperation in accordance with paragraph (D) of rule
			 5101:12-10-31 of the
			 Administrative Code.
(10) "Public assistance case" or "PA case,"
			 for the purposes of this rule, means a IVD case in which the CSEA received a
			 IV-D referral and:
(a) The child is currently
			 receiving OWF or FCM benefits; or
(b) The child is currently receiving medicaid
			 benefits, the caretaker with whom the child resides is receiving medicaid
			 benefits, and the caretaker is required to cooperate with the CSEA in
			 accordance with paragraph (D) of rule
			 5101:12-10-31 of the
			 Administrative Code.
(11) "Recipient of IV-D services," for the
			 purposes of this rule, means:
(a) The
			 individual who signed the approved IV-D application; or
(b) The caretaker in a IV-D
			 referral.
(12) "Support
			 enforcement program services" are identified in rule
			 5101:12-10-01 of the
			 Administrative Code.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-72 - Continuation of services

Current through all regulations passed and filed through July 1, 2024
(A) Within five business days of being
			 notified that a family is no longer eligible for Ohio works first
								and medicaid, or
			 Title IV-E foster care maintenance benefits, the support enforcement tracking
			 system will issue a JFS 07607, "Case Continuation Notice" (effective or revised
			 effective date as identified in rule
			 5101:12-10-99
			 of the Administrative Code), to the last known address of the custodial parent
			 or caretaker.
(B) The child support
			 enforcement agency shall continue to provide IV-D services and support
			 enforcement program services until such time as the case meets one of the
			 criteria to terminate IV-D services described in rule
			 5101:12-10-70
			 of the Administrative Code.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-90 - New hire reporting program

Current through all regulations passed and filed through July 1, 2024
(A) Federal law at
			 42 U.S.C.
			 653a (4/21/2012) requires the implementation
			 of a new hire reporting program in each state to accomplish the purpose of
			 locating parents, establishing paternity, and establishing and enforcing
			 support obligations of parents. This rule and its supplemental rules describe
			 the Ohio new hire reporting program.
(B) The following definitions shall be used
			 in this rule and its supplemental rules.
(1)
			 "Contractor" means an individual who provides services to an employer as an
			 independent contractor for compensation that is reported as income other than
			 wages and who is an individual, the sole shareholder of a corporation, or the
			 sole member of a limited liability company. "Contractor" does not include any
			 of the following:
(a) An individual
			 performing intelligence or counterintelligence functions for a state agency if
			 the head of the agency has determined that reporting pursuant to this section
			 could endanger the safety of the individual or compromise an ongoing
			 investigation or intelligence mission;
(b) A professionally licensed person who is
			 providing services to the employer under that license; or
(c) An individual who will receive for the
			 services provided under the contract compensation of less than two thousand
			 five hundred dollars per year.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-90.1 - Employer responsibilities

Current through all regulations passed and filed through July 1, 2024
(A) Every employer shall make a new hire
			 report to the Ohio department of job and family services (ODJFS) regarding the
			 hiring, rehiring, or return to work as an employee, or contractor, of a person
			 who resides, works, or will be assigned to work in this state to whom the
			 employer anticipates paying compensation.
(B) An employer with employees or contractors
			 in two or more states that transmits new hire reports magnetically or
			 electronically may make the new hire report to another state if the employer
			 does both of the following:
(1) Notifies
			 ODJFS and the United States secretary of health and human services in writing
			 that the employer has designated another state as the state to which the
			 employer will transmit the report; and
(2) Transmits the report to that state in
			 compliance with federal law.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-99 - Chapter 5101:12-10 forms - child support program administration

Current through all regulations passed and filed through July 1, 2024
The forms in this rule are referenced within various rules
				contained within division 5101:12 of the Administrative Code. The effective or
				revised effective dates of the forms are as follows:
(A) JFS 04008, "Request for Good Cause
			 Waiver" (1/2008);
(B) JFS 04009,
			 "Approval of Good Cause Waiver" (1/2008);
(C) JFS 04010, "Denial of Good Cause Waiver"
			 (1/2008);
(D) JFS 04011, "Good
			 Cause Waiver Renewal" (1/2008);
(E)
			 JFS 04012, "Termination of Good Cause Waiver" (1/2008);
(F) JFS 04059,
			 "Explanation of State Hearing Procedures" (rev. 1/2015);
(G)
			 JFS 07012, "Explanation of State Hearing Procedures (Rights and
			 Responsibilities of Parents Receiving Child Support Services)" (rev.
			 9/2001);
(H) JFS 07046, "Pending
			 Case Closure Notification" (rev. 6/2015);
(I) JFS 07092, "Notice
			 to Individuals Applying for or Participating in Ohio Works First (OWF)
			 Regarding Cooperation with the Child Support Enforcement Agency (CSEA)" (rev.
			 
								4/2022);
(J) JFS 07607, "Case
			 Continuation Notice" (rev. 9/2016) and;
(K) JFS 07647, "Notice
			 of Case Status Application" (rev. 4/1996).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-20 - Location information › Section 5101:12-20-05 - Location of an individual for support enforcement program purposes

Current through all regulations passed and filed through July 1, 2024
(A) This rule and
			 its supplemental rules describe the requirements that shall be followed by a
			 child support enforcement agency (CSEA) for the location of an individual for
			 the purpose of providing support enforcement program services and the location
			 sources that are available for this purpose.
(B) The CSEA shall provide location services
			 when:
(1) The residential address or
			 employment of an individual is unknown; or
(2) A request for location-only services is
			 received.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-20 - Location information › Section 5101:12-20-05.1 - Location tools

Current through all regulations passed and filed through July 1, 2024
(A) The child support enforcement agency
			 (CSEA) shall interact with the support enforcement tracking system (SETS) to
			 perform all location functions when those location functions are available in
			 SETS.
(B) A CSEA shall use
			 appropriate child support enforcement network (CSENet) transactions to request
			 information about an individual who is believed to reside or be employed in a
			 state other than Ohio when that state has quick locate capability with Ohio.
When  the individual for whom the information is being sought
				is a custodial parent, the CSEA shall use the OMB-0970-0085, "Child
				Support Locate Request" in accordance with paragraph (A)(7) of rule
				5101:12-70-05.11 of the Administrative Code.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-20 - Location information › Section 5101:12-20-05.2 - State parent locator service

Current through all regulations passed and filed through July 1, 2024
(A) The office of child support within the
			 Ohio department of job and family services maintains a state parent locator
			 service (SPLS) to collect location information about individuals. SPLS is
			 accessed through the support enforcement tracking system (SETS).
(B) When the location of an individual is
			 unknown, SETS automatically accesses SPLS in order to determine the location or
			 employment of the individual.
(C)
			 SPLS will receive location information from the following sources:
(1) The Ohio bureau of motor
			 vehicles;
(2) The Ohio new hire
			 registry; and
(3) Other information
			 that is available through data exchange between various entities and the office
			 of  information services within
			 the Ohio department of job and family services. When a child support
			 enforcement agency (CSEA) receives location information through the data
			 exchange, and the information is federal tax information (FTI) as described in
			 rule
			 5101:12-1-20
			 of the Administrative Code and its supplemental rules, the CSEA shall
			 separately verify the FTI prior to its use.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-20 - Location information › Section 5101:12-20-05.3 - Federal parent locator service

Current through all regulations passed and filed through July 1, 2024
(A) The federal parent locator service (FPLS)
			 is a national location system operated by the federal office of child support
			 enforcement to assist states in locating individuals for the purpose of
			 providing support enforcement program services. FPLS is accessed through the
			 support enforcement tracking system (SETS).
(B) When no 
								valid
			 address information or no employment
			 information regarding a non-custodial parent is
			 recorded, SETS automatically
			 submits the individual to FPLS.
(C)
			 FPLS accesses multiple location sources including but not limited to:
(1) The national directory of new
			 hire;
(2) The social security
			 administration;
(3) The internal
			 revenue service;
(4) The department
			 of defense;
(5) The federal bureau
			 of investigation; and
(6) The
			 department of veterans affairs.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-20 - Location information › Section 5101:12-20-10 - Location for parental kidnapping, child custody, and visitation purposes

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 describes the use of the federal parent locator service (FPLS) to locate an
			 individual for parental kidnapping, child custody, or visitation purposes,
			 pursuant to
			 45
			 C.F.R. 303.15, effective October 1, 2010,
			 which may be viewed at:
www.ecfr.gov
. This rule also describes the
			 procedures a child support enforcement agency (CSEA) shall follow upon receipt
			 of a request to use FPLS for this purpose.
(B) The following definitions apply to this
			 rule:
(1) "Authorized person" means:
(a) Any agent or attorney of any state who
			 has the authority or duty to enforce child custody or visitation
			 orders;
(b) Any court or agent of a
			 court with jurisdiction to make or enforce child custody or visitation
			 determination; or
(c) Any agent or
			 attorney of the United States or of a state who has the authority to
			 investigate, enforce, or prosecute the unlawful taking or restraint of a
			 child.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-30 - Process › Section 5101:12-30-05 - Administrative subpoenas

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to section
			 5101.37 of the Revised Code:
(1) The office of child support (OCS) in the
			 Ohio department of job and family services and each child support enforcement
			 agency (CSEA) may make any investigations that are necessary in the performance
			 of their duties and, to that end, they shall have the same power as a judge of
			 a county court to administer oaths and to enforce the attendance and testimony
			 of witnesses and the production of books and papers;
(2) OCS and the CSEA shall keep a record of
			 their investigations. The record may include the time, place, charges or
			 subject, witnesses summoned and examined, and its conclusions;
(3) The issuance of an administrative
			 subpoena by OCS or a CSEA to enforce attendance and testimony of witnesses and
			 the production of books or papers at a hearing is discretionary and the
			 department or agency is not required to pay the fees of witnesses for
			 attendance and travel. The fees of witnesses for attendance and travel shall be
			 the same as in the court of common pleas; and
(4) OCS or the CSEA may request any judge of
			 any division of the court of common pleas to compel, by a judgment for contempt
			 or otherwise, the attendance of witnesses, the production of books or papers,
			 and the giving of testimony.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-30 - Process › Section 5101:12-30-25 - Role of the CSEA administrative officer

Current through all regulations passed and filed through July 1, 2024
(A) The child support
			 enforcement agency (CSEA) shall employ an administrative officer,
			 contract with another entity to provide an administrative officer, or contract
			 with an individual to serve as an administrative officer. If the CSEA contracts
			 with another entity or individual to serve as an administrative officer, the
			 CSEA must comply with the contract requirements as set forth in rules
			 5101:12-1-80 to 5101:12-1- 80.4 of the
			 Administrative Code.
(B) An
			 administrative officer shall:
(1) Be a notary
			 public;
(2) Possess the ability to
			 research, analyze, and apply:
(a) Federal and
			 state laws and regulations relating to the establishment of paternity and the
			 establishment, modification, and enforcement of support orders; and
(b) Administrative practices and procedures;
(3) Have no personal or
			 professional interest that conflicts with the ability to be objective; and
(4) Be able to conduct hearings
			 that are subject to judicial review.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-30 - Process › Section 5101:12-30-99 - Chapter 5101:12-30 forms - administrative procedure

Current through all regulations passed and filed through July 1, 2024
The forms identified in this rule are
				referenced within various rules contained within division 5101:12 of the
				Administrative Code. The effective or revised effective dates of the forms are
				as follows:
(A)
								JFS 01715, "Waiver of Service of Notice of
			 Administrative Hearing to Establish a Support Order" (rev. 05/2023); and
(B)
								JFS
			 01716, "Waiver of Service of Notice and Order to Appear for Genetic Testing"
			 (rev. 05/2023).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-40 - Paternity › Section 5101:12-40-01 - Distribution of paternity acknowledgment affidavit and brochure

Current through all regulations passed and filed through July 1, 2024
(A) In accordance
			 with sections 3111.32 and
			 3111.33 of the Revised Code, the
			 Ohio department of job and family services (ODJFS) shall make the
			  JFS 08079, "Paternity and
			 
								Acknowledgment of Paternity Affidavit Brochure"
			 (effective or revised effective date as identified in rule
			 5101:12-40-99
			 of the Administrative Code) and the JFS 07038, "
								Acknowledgment of Paternity Affidavit" (effective or
			 revised effective date as identified in rule
			 5101:12-1-99
			 of the Administrative Code), available to the Ohio department of health, to
			 each hospital ODJFS has a contract with pursuant to section
			 3727.17 of the Revised Code, and
			 to any individual 
								who requests a pamphlet.
(B) In accordance with section
			 3111.33 of the Revised Code,
			 ODJFS shall make the JFS 07038 available to each child support enforcement
			 agency (CSEA) and any other agency that requests a JFS 07038.
Effective: 11/15/2019
Five Year
				Review (FYR) Dates: 7/22/2019 and
				11/15/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 3125.25
Rule
				Amplifies: 3111.09,
				3111.32,
				3111.33,
				3125.03
Prior
				Effective Dates: 07/15/1992, 07/01/2002, 12/15/2006,
				05/01/2014
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-40 - Paternity › Section 5101:12-40-15 - Acknowledgment of paternity

Current through all regulations passed and filed through July 1, 2024
(A) The mother of a child and a man alleging
			 himself to be the natural father of the child may sign a JFS 07038,
			 "Acknowledgment of Paternity Affidavit" (effective or revised effective date as
			 identified in rule
			 5101:12-1-99 of the
			 Administrative Code) acknowledging that the child is the child of the man that
			 signed the acknowledgment. In accordance with section
			 3111.23 of the Revised Code, a
			 JFS 07038 may be filed with the central paternity registry (CPR)
			 as follows:
(1) The
			 natural mother, the man acknowledging that he is the natural father, or the
			 other custodian or guardian of a child
									may file the
			 JFS 07038 by mail or in person
									;
(2) A local registrar of vital statistics
			 pursuant to section 3705.091 of the Revised Code
			 may file the JFS 07038 electronically, in person, or by
			 mail; or
(3) A hospital staff
			 person pursuant to section
			 3727.17 of the Revised Code
			 may file the JFS 07038 electronically, in person, or by
			 mail.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-40 - Paternity › Section 5101:12-40-17 - Rescinding an acknowledgment of paternity

Current through all regulations passed and filed through July 1, 2024
(A) The administrative process to rescind a
			 JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised
			 effective date as identified in rule
			 5101:12-1-99
			 of the Administrative Code), shall be initiated at the child support
			 enforcement agency (CSEA) in accordance with this rule. An acknowledgment is
			 considered rescinded when an order is issued determining the existence or
			 non-existence of a parent child relationship, in accordance with section
			 3111.27 of the Revised Code, and
			 this rule.
(B) In accordance with
			 section 3111.38 of the Revised Code, the
			 CSEA in the county in which the child resides or in which the guardian or legal
			 custodian of the child resides shall determine the existence or non-existence
			 of a father and child relationship between an alleged father and the child
			 when a IV-D application as described in paragraph (A)
			 of rule 5101:12-10-01.1 of the Administrative Code or a IV-D referral as
			 described in paragraph (B) of rule 5101:12-10-01.1 of the Administrative Code
			 has been completed and filed with the CSEA.
(C) In accordance with section
			 3111.27 of the Revised Code and
			 except as provided in section
			 2151.232 or
			 3111.821 of the Revised Code,
			 one of the persons who signed a JFS 07038 that has been filed with the central
			 paternity registry (CPR) may initiate an action to rescind the JFS 07038 not
			 later than sixty days after the date of the latest signature on the JFS 07038.
(1) To initiate the process to rescind the
			 JFS 07038, the person requesting the rescission must do both of the following:
(a) Request that the CSEA make an
			 administrative determination of the existence or non-existence of a father and
			 child relationship by completing the administrative determination process as
			 described in rules
			 5101:12-40-20
			 to 5101:12-40-20.2 of the Administrative Code, between the man who signed the
			 JFS 07038 and the child who is the subject of it; and
(b) Complete a JFS 07029, "Request for
			 Paternity Determination and Notification to Central Paternity Registry"
			 (effective or revised effective date as identified in rule
			 5101:12-40-99
			 of the Administrative Code).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-40 - Paternity › Section 5101:12-40-20 - Administrative determination of the existence or non-existence of a father and child relationship

Current through all regulations passed and filed through July 1, 2024
(A) This rule and its supplemental rules
			 describe the process by which a child support enforcement agency (CSEA) shall
			 administratively determine the existence or non-existence of a father and child
			 relationship. The CSEA will proceed in accordance with this rule and its
			 supplemental rules when a IV-D application as described in paragraph (A) of
			 rule 5101:12-10-01.1 of the
			 Administrative Code or a IV-D referral as described in paragraph (B) of rule
			 5101:12-10-01.1 of the
			 Administrative Code has been completed and filed with the CSEA.
(B) In accordance with section
			 3125.36 of the Revised Code, the
			 CSEA is
			 to make a IV-D application available to all persons who request the CSEA
			 to determine the existence or non-existence of a father and child relationship.
			 Pursuant to division (D) of section
			 3111.381 of the Revised Code,
			 when a court requests the CSEA to determine the existence or non-existence of a
			 father and child relationship a IV-D application must be completed and
			 delivered to the CSEA.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-40 - Paternity › Section 5101:12-40-20.2 - Agreement to modify the child's surname

Current through all regulations passed and filed through July 1, 2024
(A) This rule describes the process that
			 shall be followed when the child support enforcement agency (CSEA) changes the
			 child's surname as part of the administrative order. This process shall be
			 followed by a mother and alleged father when they agree to change the surname
			 of a child if genetic testing shows a ninety-nine per cent or greater
			 probability that the alleged father is the father of the child.
(B) When the JFS 07754, "Notice of Request
			 for Paternity Determination and Order to Appear for Genetic Tests" (effective
			 or revised effective date as identified in rule
			 5101:12-40-99
			 of the Administrative Code) is issued to the parties they are advised that they
			 may request the JFS 04070, "Addendum to the Administrative Order to Modify the
			 Birth Record - 
								Child Surname" (effective or revised effective
			 date as identified in rule
			 5101:12-40-99
			 of the Administrative Code) from the CSEA if they are in agreement to change
			 the child's surname. The natural mother and presumed or alleged father shall
			 complete the JFS 04070 to agree to change the surname of the child.
(C) By completing the JFS 04070, the mother
			 and presumed or alleged father indicate their agreement to change the child's
			 surname only if the CSEA orders that a father and child relationship exists
			 between the man and the child, in accordance with rule 5101:12-40-20.3 of the
			 Administrative Code. The JFS 04070 shall be submitted to the CSEA on or before
			 the date the genetic test results were received by the CSEA. When the parties
			 submit the JFS 04070 to the CSEA, the change will be included in the
			 administrative order only if the alleged father is determined to be the father
			 of the child.
(D) The JFS 04070 is
			 not an acknowledgment of paternity by either party and may not be construed as
			 such in any subsequent action.
(E)
			 The JFS 04070 is considered to be complete when:
(1) It is an original JFS 04070 signed by
			 both parties;
(2) All requested
			 information has been provided and is legible;
(3) There are no alterations to the
			 information provided;
(4)
			 Signatures and any handwritten information is in dark blue or black ink;
			 and
(5) Both parents' signatures
			 are properly notarized.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-40 - Paternity › Section 5101:12-40-20.3 - Administrative paternity orders

Current through all regulations passed and filed through July 1, 2024
(A) Issuing an establishment order.
Upon receipt of genetic testing results that show a ninety-nine
				per cent or greater probability that the alleged father is the father of the
				child, the administrative officer shall prepare and issue a JFS 07774, "CSEA
				Administrative Order Establishment of Paternity" (effective or revised
				effective date as identified in rule
				5101:12-40-99
				of the Administrative Code), ordering that a father and child relationship
				exists between the man and the child. The child support enforcement agency
				(CSEA) shall attach the genetic testing results report to the JFS 07774. The
				CSEA shall not attach chain of custody documents.
In accordance with section
				3111.46 of the Revised Code, if
				identical siblings are named as the alleged father, the administrative officer
				shall refer the case to court and shall not issue an administrative order
				determining the existence of a father and child relationship.
(1) Name changes.
(a) The CSEA may allow the parties to change
			 the surname of the child as part of the administrative order. To change the
			 child's surname the parties shall file a JFS 04070, "Addendum to the
			 Administrative Order to Modify the Birth Record - Child Surname"
			 (effective or revised effective date as identified in rule
			 5101:12-40-99
			 of the Administrative Code) with the CSEA on or before the date the genetic
			 test results were received by the CSEA. The administrative officer shall
			 include the JFS 04070 as an addendum to the administrative order to change the
			 child's surname and check the appropriate box on the JFS 07774.
(b) The CSEA shall first review the
			 integrated perinatal health information system (IPHIS) to compare the father's
			 information with the information contained in the birth record for this child.
			 In accordance with section
			 3111.58 of the Revised Code, if
			 the man determined to be the child's father is a man other than the man named
			 in the child's birth record as the father or is otherwise at variance with the
			 child's birth record, the administrative officer shall check the appropriate
			 box on the JFS 07774.
(c) If no
			 changes are to be made to the child's surname, or the CSEA determines the
			 father's information on the child's birth record (as indicated in IPHIS) does
			 not need to be modified, the CSEA will indicate no changes to the birth record
			 are ordered by checking the appropriate box on the JFS 07774.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-40 - Paternity › Section 5101:12-40-30 - Central paternity registry

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with section
			 3111.64 of the Revised Code, the
			 central paternity registry (CPR) in the office of child support in the Ohio
			 department of job and family services (ODJFS) is to maintain a
			 birth registry.
The birth registry is to contain
				the following information, when that information is included in a JFS 07038,
				"Acknowledgment of Paternity Affidavit" (effective or revised effective date as
				identified in rule
				5101:12-1-99 of the
				Administrative Code), an order issued pursuant to section
				3111.13 of the Revised Code on
				or after January 1, 1998, a JFS 07774, "CSEA Administrative Order Establishment
				of Paternity" (effective or revised effective date as identified in rule
				5101:12-40-99 of the
				Administrative Code), or a JFS 07771, "CSEA Administrative Order Nonexistence
				of Father and Child Relationship" (effective or revised effective date as
				identified in rule
				5101:12-40-99 of the
				Administrative Code) that has been filed with the CPR:
(1) The names of the parents of the child
			 subject to the JFS 07038 or order;
(2) The name of the child; and
(3) The resident address of each parent and
			 each parent's social security number.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-40 - Paternity › Section 5101:12-40-36 - Reimbursement for cost of genetic testing

Current through all regulations passed and filed through July 1, 2024
(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:
				7/22/2019 and
				07/22/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 3125.25
Rule
				Amplifies: 3111.09,
				3125.03
Prior
				Effective Dates: 02/15/2007,
				05/01/2014
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-40 - Paternity › Section 5101:12-40-99 - Chapter 5101:12-40 forms - paternity establishment

Current through all regulations passed and filed through July 1, 2024
The forms identified in this rule are referenced within various
				rules contained within division 5101:12 of the Administrative Code. The
				effective or revised effective dates of the forms are as follows:
(A) JFS 04070, "Addendum to the
			 Administrative Order to Modify the Birth Record - Child Surname"
			 (05/2014);
(B) JFS 04070-I,
			 "Instructions for Completing the JFS 04070, Addendum to the Administrative
			 Order to Modify the Birth Record - Child Surname" (rev. 10/2019);
(C) JFS 07029, "Request for Paternity
			 Determination and Notification to Central Paternity Registry" (rev.
			 05/2014);
(D) JFS 07754, "Notice of
			 Request for Paternity Determination and Order to Appear for Genetic Tests"
			 (rev. 05/2014);
(E) JFS 07771,
			 "CSEA Administrative Order - Non-existence of Father and Child Relationship"
			 (rev. 2/2019);
(F) JFS 07773, "CSEA
			 Administrative Order-Paternity Finding Inconclusive" (rev. 05/2014);
(G) JFS 07774, "CSEA Administrative Order -
			 Establishment of Paternity" (rev. 2/2019);
(H) JFS 07782, "Notice of Administrative
			 Hearing to Establish a Support Order" (rev. 2/2019); and
(I) JFS 08079, "Paternity and Acknowledgment
			 of Paternity Affidavit Brochure" (rev. 10/2023).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-45 - Support Order Process › Section 5101:12-45-05 - Support order establishment

Current through all regulations passed and filed through July 1, 2024
(A) This rule and its supplemental rules
			 describe the process for requesting and establishing a support order.
(B) In accordance with section
			 3103.031 of the Revised Code,
			 each parent of a child assumes the parental duty of support of his or her minor
			 child. The parental duty of support is established when:
(1) A man is presumed to be the natural
			 father of the child in accordance with rule
			 5101:12-40-10
			 of the Administrative Code;
(2)
			 There is a final and enforceable determination of paternity in accordance with
			 rule
			 5101:12-40-05
			 of the Administrative Code;
(3) A
			 woman is the biological mother of a child in accordance with section
			 3103.03 of the Revised
			 Code;
(4) A man or woman adopts a
			 minor child pursuant to Chapter 3107. of the Revised Code; or
(5) A man is required to be treated in law
			 and regarded as the natural father of a child conceived as the result of
			 artificial insemination pursuant to section
			 3111.95 of the Revised
			 Code.