Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-40 - Paternity › Section 5101:12-40-20.1 - Scheduling and conducting genetic tests

Current through all regulations passed and filed through July 1, 2024
(A) Upon receipt of a request for the
			 determination of the existence or non-existence of a father and child
			 relationship that contains the information described in paragraph (C) of rule
			 5101:12-40-20 of the
			 Administrative Code, the child support enforcement agency (CSEA) shall assign
			 an administrative officer to consider the request.
(B) The CSEA shall schedule genetic tests for
			 a date that is no later than forty-five days after the administrative officer
			 has been assigned.
(C) In
			 accordance with rule
			 5101:12-30-10 of the
			 Administrative Code, the CSEA shall send 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) 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.
			 If a caretaker exists, the CSEA will send the JFS 07754
			 to the caretaker.
(D) The
			 CSEA may change the child's surname as part of the administrative order
			 establishing paternity. When requested by the natural mother, presumed father
			 or alleged father, the CSEA shall make available 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).
(E) In
			 accordance with sections
			 3111.58 and
			 3705.09 of the Revised Code when
			 a presumed or alleged father is found to be the natural father of the child and
			 the determination would result in a variance with the child's birth record, the
			 CSEA is required to include the change to the birth record as part of the
			 administrative order establishing paternity.
(F) Pursuant to section
			 3111.44 of the Revised Code,
			 after issuing a JFS 07754, the administrative officer may schedule a conference
			 with the mother and the alleged father to provide information. If a conference
			 is scheduled and no other man is presumed to be the father of the child, the
			 administrative officer shall provide the mother and alleged father the
			 opportunity to 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). Should the mother and alleged father sign the JFS 07038,
			 the administrative officer shall cancel the genetic testing order the officer
			 had issued. Regardless of whether a conference is held, when the mother and
			 alleged father do not sign a JFS 07038 or when the JFS 07038 cannot be
			 notarized or filed because another man is presumed to be the father of the
			 child, the child, the mother, and the alleged father shall submit to genetic
			 testing in accordance with the order issued by the administrative
			 officer.
(G) In accordance with
			 section 3111.43 of the Revised Code,
			 when a CSEA is unable to obtain service of process of the JFS 07754 on the
			 presumed father, alleged father, or natural mother of the child within the
			 timeframe prescribed in paragraph (B) of this rule, the CSEA shall proceed with
			 collecting genetic testing samples from all of those persons who are present on
			 the date the genetic testing is scheduled.
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, the CSEA shall have the 
									party
				complete one of the following:
(1) A
			 JFS 01716, "Waiver of Service of Notice and Order to Appear for Genetic
			 Testing" (effective or revised effective date as identified in rule
			 
									5101:12-30-99 of the Administrative Code), accompanied
			 by  delivery of the JFS 07754
			 and a copy of the JFS 01716 to the party; or
(2) A waiver of service form created by the
			 CSEA that contains the 
									waiver form appended to rule
			 4.7 (7/1/2022) of the Rules of
			 Civil Procedure, except to the extent that the provisions of the Rules of Civil
			 Procedure are clearly inapplicable, accompanied by delivery of the JFS 07754
			 and a copy of the waiver form created by the CSEA to the party.