Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-40 - Paternity › Section 5101:12-40-25 - Court order for genetic testing

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with section
			 3111.09 of the Revised Code, in
			 any action instituted under sections
			 3111.01 to
			 3111.18 of the Revised Code, the
			 court, upon its own motion, may order and, upon the motion of any party to the
			 action, is required to order the child's mother, the child, the alleged father,
			 and any other person who is a defendant in the action to submit to genetic
			 testing.
(B) Instead of or in
			 addition to genetic testing ordered pursuant to section
			 3111.09 of the Revised Code, the
			 court may use a deoxyribonucleic acid (DNA) record of the child's mother, the
			 child, the alleged father, or any other defendant that is stored in the DNA
			 database, as described in section
			 109.573 of the Revised Code, to
			 determine the existence of a parent and child relationship between the child
			 and the child's mother, the alleged father, or another defendant. When the
			 court orders the superintendent of the bureau of criminal identification and
			 investigation to disclose information regarding a DNA record stored in the DNA
			 database, the superintendent is required to send the information to the child
			 support enforcement agency (CSEA) when the CSEA is a party to the action.
(C) When the CSEA is made a party
			 to a judicial action instituted under sections
			 3111.01 to
			 3111.18 of the Revised Code and
			 the court orders the CSEA to conduct genetic testing, the CSEA shall schedule
			 the genetic testing to be conducted on a date that is no later than forty-five
			 days after the CSEA receives the court order. The CSEA shall notify the court
			 of the date and time of the genetic testing and the name of the laboratory that
			 will conduct the genetic testing. If any party fails to submit to genetic
			 testing on the scheduled date, the CSEA shall notify the court immediately of
			 the failure.
(D) The genetic
			 testing is required to be made by qualified examiners who are authorized by the
			 court or the Ohio department of job and family services (ODJFS).
(E) When the CSEA receives the genetic
			 testing results or a DNA record, the CSEA shall mail a copy of the report or
			 information to the attorney of record for each party or, if a party is not
			 represented by an attorney, to the party. The CSEA shall include a notice that
			 the party may object to the admission into evidence of the report or DNA record
			 by filing a written objection as described in division (D) of section
			 3111.12 of the Revised Code with
			 the court that ordered the tests or ordered the disclosure of the information
			 no later than fourteen days after the report or information was mailed to the
			 attorney of record or to the party.
(F) In accordance with section
			 3111.09 of the Revised Code, any
			 fees charged for genetic testing shall be paid by the party that requests the
			 genetic testing, unless the custodian of the child is represented by the CSEA
			 in its role as the IV-D agency, is a recipient of Ohio works first (OWF) for
			 the benefit of the child, or the defendant in the action is found to be
			 indigent, in which case the CSEA shall pay the costs of genetic testing.
When there is a dispute as to who shall pay the costs of
				genetic testing, the CSEA shall pay the costs. Neither the court nor the CSEA
				shall delay genetic testing due to a dispute as to who shall pay the costs.
Replaces: Part of 5101:1-30-29
Five Year Review (FYR) Dates:
				7/25/2018 and
				07/25/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 3125.25
Rule
				Amplifies: 3111.09
Prior
				Effective Dates: 08/01/1982, 08/01/1990, 07/15/1992, 09/01/1993, 01/01/1997,
				01/01/1998, 04/18/2003, 12/15/2006