Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-40 - Paternity › Section 5101:12-40-05 - 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) The following terms and definitions apply
			 throughout division 5101:12 of the Administrative Code:
(1) "Alleged father" means a man who is
			 believed to be or believes himself to be the natural father of a child but a
			 final and enforceable determination of paternity regarding that man and child
			 does not exist.
(2) "Birth record"
			 has the same meaning as in section
			 3705.01 of the Revised
			 Code.
(3) "Central paternity
			 registry" (CPR) is the birth registry maintained by the office of child support
			 (OCS) in the Ohio department of job and family services (ODJFS) in accordance
			 with section 3111.64 of the Revised
			 Code.
(4) "Determine the existence
			 or non-existence of a father and child relationship" refers to the
			 administrative or judicial process that will determine whether or not a man is
			 the natural father of a child when there is not a final and enforceable
			 determination of paternity.
(5)
			 "Disestablish paternity" means to attempt to overturn or reverse a final and
			 enforceable determination of paternity.
(6) A "final and enforceable determination of
			 paternity" exists when:
(a) In accordance with
			 section 3111.25 of the Revised Code, the
			 mother and father signed a JFS 07038, "Acknowledgment of Paternity Affidavit"
			 (effective or revised effective date as identified in rule
			 5101:12-1-99 of the
			 Administrative Code) which has been entered into the birth registry, and
			 neither the mother nor the father brought an action under section
			 3111.27 of the Revised Code
			 within sixty days of the signing to request the JFS 07038 be
			 rescinded;
(b) In accordance with
			 section 3111.49 of the Revised Code, a
			 child support enforcement agency (CSEA) issued 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 JFS 07771, "CSEA Administrative Order Non-existence of
			 Father and Child Relationship" (effective or revised effective date as
			 identified in rule
			 5101:12-40-99 of the
			 Administrative Code), and neither the mother, alleged father, nor guardian or
			 legal custodian of the child brought an action under sections
			 3111.01 to
			 3111.18 of the Revised Code
			 within fourteen days of the issuance of the administrative order to object to
			 the administrative order;
(c) A
			 court issued an order determining that the man is the father of the child, or
			 that the child was born as a product of the marriage, and neither party to the
			 order objected to the order;
(d) In
			 accordance with section
			 3111.821 of the Revised Code, an
			 administrative child support order was issued or, in accordance with section
			 2151.232 of the Revised Code, a
			 court support order was issued and neither party to the order raised the issue
			 of the existence or non-existence of a father and child relationship although
			 paternity was presumed pursuant to division (A)(3) of section
			 3111.03 of the Revised Code and
			 as described in rule
			 5101:12-40-10 of the
			 Administrative Code;
(e) In
			 accordance with section
			 3111.95 of the Revised Code, the
			 husband of a married woman consented to artificial insemination; or
(f) Another state or country has established
			 a final and enforceable determination of paternity under the laws of that state
			 or country, regardless of whether the determination of paternity was made
			 pursuant to a voluntary acknowledgment of paternity, an administrative
			 proceeding, or a court proceeding. The CSEA shall give full faith and credit to
			 a final and enforceable determination of paternity made by another state or
			 country.
(7) "Genetic
			 testing" and "genetic tests" mean: tissue or blood tests, including tests that
			 identify the presence or absence of common blood group antigens, the red blood
			 cell antigens, human lymphocyte antigens, serum enzymes, serum proteins, or
			 genetic markers; or deoxyribonucleic acid typing of blood or buccal cell
			 samples. "Genetic test" and "genetic testing" may include the typing and
			 comparison of deoxyribonucleic acid derived from the blood of one individual
			 and buccal cells of another.
(8)
			 "Integrated perinatal health information system" (IPHIS): IPHIS is an
			 electronic system maintained by the Ohio department of health (ODH) that
			 provides the functionality to process and store data for vital statistics
			 purposes.
(a) Individuals with access to IPHIS
			 have the responsibility to maintain the confidentiality of and to safeguard all
			 information contained in a person's case record, whether the information is
			 contained on paper, film, computer, or any other electronic medium in
			 accordance with rule
			 5101:12-1-20 of the
			 Administrative Code.
(b) In
			 accordance with section
			 3125.99 of the Revised Code,
			 anyone who discloses information to any person or for any purpose not
			 specifically permitted by rule
			 5101:12-1-20 of the
			 Administrative Code or its supplemental rules is subject to a fine of up to
			 five hundred dollars or a prison term of up to six months or both.