Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-30 - Process › Section 5101:12-30-10 - Service of process

Current through all regulations passed and filed through July 1, 2024
(A) Service of process is the formal, legal
			 notice to a party involved in an action brought by the child support
			 enforcement agency (CSEA) that explains the purpose of the action and the
			 party's legal rights and obligations. Receipt of notice by a party permits the
			 CSEA, in some circumstances, to proceed with the intended action and to impose
			 obligations on the party even if that party fails to exercise his or her right
			 to appear or object. Therefore, it is critical that the CSEA comply with laws
			 and regulations governing service of process. This rule is intended to provide
			 guidance regarding service of process in administrative actions initiated by
			 the CSEA.
(B)
								The CSEA will record all actions taken related to
			 service of process within the support enforcement tracking system
			 (SETS).
(C) Administrative
			 actions to establish paternity or a support order require service of process in
			 accordance with the Ohio Rules of Civil Procedure.
(1) Section
			 3111.421 of the Revised Code
			 requires that the notice to a mother,
									 any alleged father, or caretaker of a child regarding an order for
			 genetic testing shall be sent in accordance with the Rules of Civil Procedure
			 that govern service of process, except to the extent that the provisions of the
			 Rules of Civil Procedure are clearly inapplicable and except that references in
			 the provisions of the Rules of Civil Procedure to the court or to the clerk of
			 the court shall be construed as being references to the child support
			 enforcement agency or the administrative officer. In accordance with rules 4
			 (
									7/1/2020) and
			 4.1 (
									7/1/2020) of
			 the Rules of Civil Procedure (
www.supremecourt.ohio.gov
), service of the genetic testing notice and order
			 shall be made by United States certified or express mail, as evidenced by
			 return receipt signed by any person, or by personal service. As an alternative
			 to service made by the United States certified or express mail, the service may
			 be made by a commercial carrier utilizing any form of delivery requiring a
			 signed receipt.
(a)
										
										When the
			 certified, express, or commercial carrier mail is returned to the CSEA because
			 it was  refused by the person
			 to be served, or if the person serving process by
			 personal service specifies that service of process has been refused, the
			 CSEA shall issue the genetic testing notice and order by ordinary, first class
			 mail evidenced by a certificate of mailing to the
			 same address to which the certified, express, or commercial carrier mail was
			 sent, or to the same residential address to which
			 personal service was attempted. Service will be deemed complete when the fact
			 of mailing is entered into SETS.
(b)
										When the
			 certified or express mail is returned to the CSEA because it was unclaimed by
			 the person to be served, the CSEA will issue the genetic testing notice and
			 order by ordinary, first class mail evidenced by a certificate of mailing to
			 the same address to which the certified or express mail was sent. Service will
			 be deemed complete when the fact of mailing is entered into SETS, provided that
			 the ordinary mail envelope is not returned by the postal authority with an
			 endorsement showing failure of delivery. Service will be deemed incomplete or
			 unsuccessful if the ordinary mail is returned undelivered.
(c)
										When the
			 commercial carrier mail is returned to the CSEA because it was unclaimed by the
			 person to be served, the CSEA will make service of the genetic testing notice
			 and order by United States certified or express mail, as evidenced by return
			 receipt signed by any person, or by personal service.
(d)
										
										When the
			 certified, express, or commercial carrier mail is returned indicating the
			 addressee is unknown or that the address is invalid, the CSEA may not use
			 ordinary mail service but must make diligent efforts to obtain a valid address
			 for certified, express, or commercial carrier mail service.
(e)
										
										When a
			 party for whom service of process was not completed or was unsuccessful appears
			 for genetic testing, the CSEA shall provide to that
			 party a copy of the genetic testing notice and order for which service of
			 process was not completed or was unsuccessful and require that party to
			 sign a waiver of service of notice and order to appear for genetic testing. A
			 signed waiver indicates the party has given up his or her right to service of
			 process under the Rules of Civil Procedure and is submitting to the authority
			 of the CSEA for purposes of the proposed action. By signing the waiver, the
			 party also acknowledges his or her rights and responsibilities regarding the
			 proposed action. Service of process will be deemed as
			 waived and proof of service of process is not required for the party when the
			 fact of waiving is entered into SETS and a copy of the signed waiver is
			 retained in the case record. The CSEA will
			 provide a copy of the waiver to the party and may then proceed with
			 genetic testing and, if appropriate, the establishment of a support order
			 as if service of process had been successfully
			 completed at the time of signing the waiver.