As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                        Am. Sub. H. B. No. 352   5            

      1997-1998                                                    6            


 REPRESENTATIVES WINKLER-LAWRENCE-O'BRIEN-CLANCY-SALERNO-VESPER-   8            

             REID-GARCIA-HARRIS-SYKES-TAVARES-JONES-               9            

       SENATORS CARNES-KEARNS-RAY-HOWARD-J. JOHNSON-McLIN-         10           

                 DRAKE-SHEERER-DiDONATO-GARDNER                    11           


                                                                   13           

                           A   B I L L                                          

             To amend sections 149.43, 169.03, 169.08, 329.12,     15           

                1336.07, 1336.08, 1349.01, 1533.82, 2105.18,       16           

                2151.23, 2151.231, 2151.33, 2151.49, 2301.34,                   

                2301.35, 2301.353, 2301.356, 2301.357, 2301.358,   17           

                2301.36, 2301.37, 2301.371, 2301.373, 2301.374,    19           

                2705.02, 2919.21, 2919.231, 3103.03, 3103.031,                  

                3105.18, 3105.21, 3107.01, 3107.06, 3107.064,      21           

                3109.05, 3109.12, 3109.19, 3111.02, 3111.03,                    

                3111.04, 3111.06, 3111.07, 3111.09, 3111.12,       22           

                3111.13, 3111.20, 3111.22, 3111.23, 3111.24,       23           

                3111.241, 3111.242, 3111.25, 3111.26, 3111.27,                  

                3111.28, 3111.37, 3111.99, 3113.04, 3113.07,       24           

                3113.21, 3113.211, 3113.212, 3113.213, 3113.215,   25           

                3113.216, 3113.217, 3113.218, 3113.219, 3113.31,                

                3113.99, 3317.02, 3705.07, 3705.09, 3705.16,       26           

                3727.17, 3770.071, 3924.48, 3924.49, 3317.02,      27           

                4141.16, 4141.28, 5101.26, 5101.28, 5101.31,                    

                5101.311, 5101.312, 5101.322, 5101.323, 5101.324,  29           

                5101.37, 5101.99, 5104.01, 5104.34, 5107.14,                    

                5107.20, and 5153.16; to amend for purposes of     31           

                adopting a new section number 2105.18 (5101.314);               

                to revive section 2301.355; to enact new sections  33           

                3111.21, 3113.214, 3115.01, 3115.02, 3115.03,                   

                3115.04, 3115.05, 3115.06, 3115.07, 3115.08,       34           

                3115.09, 3115.10, 3115.11, 3115.12, 3115.13,       35           

                                                          2      

                                                                 
                3115.14, 3115.15, 3115.16, 3115.17, 3115.18,                    

                3115.19, 3115.20, 3115.21, 3115.22, 3115.23,       36           

                3115.24, 3115.25, 3115.26, 3115.27, 3115.28,       37           

                3115.29, 3115.30, 3115.31, 3115.32, 3115.33, and   38           

                3115.34, and sections 2151.232, 2301.375,                       

                2301.43, 2301.44, 2301.45, 2301.46, 3105.72,       39           

                3109.042, 3111.111, 3111.211, 3111.221, 3111.231,               

                3115.35, 3115.36, 3115.37, 3115.38, 3115.39,       40           

                3115.40, 3115.41, 3115.42, 3115.43, 3115.44,       41           

                3115.45, 3115.46, 3115.47, 3115.48, 3115.49,       42           

                3115.50, 3115.51, 3115.52, 3115.53, 3115.54,                    

                3115.55, 3115.56, 3115.57, 3115.58, 3115.59,       43           

                3705.091, 5101.315, 5101.316, 5101.317, 5101.318,  44           

                5101.319, 5101.325, 5101.326, and 5101.327; and    45           

                to repeal sections 329.043, 2301.351, 2301.352,    47           

                2301.42, 3111.21, 3113.214, 3115.01, 3115.02,                   

                3115.03, 3115.04, 3115.05, 3115.06, 3115.07,       49           

                3115.08, 3115.09, 3115.10, 3115.11, 3115.12,                    

                3115.13, 3115.14, 3115.15, 3115.16, 3115.17,       50           

                3115.18, 3115.19, 3115.20, 3115.21, 3115.22,       51           

                3115.23, 3115.24, 3115.25, 3115.26, 3115.27,                    

                3115.28, 3115.29, 3115.30, 3115.31, 3115.32,       52           

                3115.33, 3115.34, 3701.042, and 5153.164 of the    53           

                Revised Code to make changes to the laws                        

                governing child support, and to declare an         55           

                emergency.                                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        57           

      Section 1.  That sections 149.43, 169.03, 169.08, 329.12,    59           

1336.07, 1336.08, 1349.01, 1533.82, 2105.18, 2151.23, 2151.231,    61           

2151.33, 2151.49, 2301.34, 2301.35, 2301.353, 2301.356, 2301.357,  62           

2301.358, 2301.36, 2301.37, 2301.371, 2301.373, 2301.374,          64           

2705.02, 2919.21, 2919.231, 3103.03, 3103.031, 3105.18, 3105.21,                

3107.01, 3107.06, 3107.064, 3109.05, 3109.12, 3109.19, 3111.02,    66           

                                                          3      

                                                                 
3111.03, 3111.04, 3111.06, 3111.07, 3111.09, 3111.12, 3111.13,     67           

3111.20, 3111.22, 3111.23, 3111.24, 3111.241, 3111.242, 3111.25,   68           

3111.26, 3111.27, 3111.28, 3111.37, 3111.99, 3113.04, 3113.07,     69           

3113.21, 3113.211, 3113.212, 3113.213, 3113.215, 3113.216,         70           

3113.217, 3113.218, 3113.219, 3113.31, 3113.99, 3317.02, 3705.07,  71           

3705.09, 3705.16, 3727.17, 3770.071, 3924.48, 3924.49, 4141.16,    72           

4141.28, 5101.26, 5101.28, 5101.31, 5101.311, 5101.312, 5101.322,               

5101.323, 5101.324, 5101.37, 5101.99, 5104.01, 5104.34, 5107.14,   73           

5107.20, and 5153.16 be amended; section 2105.18 (5101.314) be     75           

amended for the purpose of adopting a new section number as                     

indicated in the parentheses; section 2301.355 be revived; and     76           

new sections 3111.21, 3113.214, 3115.01, 3115.02, 3115.03,         78           

3115.04, 3115.05, 3115.06, 3115.07, 3115.08, 3115.09, 3115.10,     80           

3115.11, 3115.12, 3115.13, 3115.14, 3115.15, 3115.16, 3115.17,     81           

3115.18, 3115.19, 3115.20, 3115.21, 3115.22, 3115.23, 3115.24,     82           

3115.25, 3115.26, 3115.27, 3115.28, 3115.29, 3115.30, 3115.31,     83           

3115.32, 3115.33, and 3115.34, and sections 2151.232, 2301.375,    84           

2301.43, 2301.44, 2301.45, 2301.46, 3105.72, 3109.042, 3111.111,   85           

3111.211, 3111.221, 3111.231, 3115.35, 3115.36, 3115.37, 3115.38,  86           

3115.39, 3115.40, 3115.41, 3115.42, 3115.43, 3115.44, 3115.45,     87           

3115.46, 3115.47, 3115.48, 3115.49, 3115.50, 3115.51, 3115.52,     88           

3115.53, 3115.54, 3115.55, 3115.56, 3115.57, 3115.58, 3115.59,     89           

3705.091, 5101.315, 5101.316, 5101.317, 5101.318, 5101.319,        90           

5101.325, 5101.326, and 5101.327 of the Revised Code be enacted    92           

to read as follows:                                                             

      Sec. 149.43.  (A)  As used in this section:                  101          

      (1)  "Public record" means any record that is kept by any    103          

public office, including, but not limited to, state, county,       104          

city, village, township, and school district units, except that    106          

"public record" does not mean any of the following:                             

      (a)  Medical records;                                        108          

      (b)  Records pertaining to probation and parole              110          

proceedings;                                                                    

      (c)  Records pertaining to actions under section 2151.85 of  112          

                                                          4      

                                                                 
the Revised Code and to appeals of actions arising under that      113          

section;                                                                        

      (d)  Records pertaining to adoption proceedings, including   115          

the contents of an adoption file maintained by the department of   116          

health under section 3705.12 of the Revised Code;                  117          

      (e)  Information in a record contained in the putative       119          

father registry established by section 3107.062 of the Revised     120          

Code, regardless of whether the information is held by the         121          

department of human services or, pursuant to section 5101.313 of   122          

the Revised Code, the division of child support in the department  123          

or a child support enforcement agency;                                          

      (f)  Records listed in division (A) of section 3107.42 of    125          

the Revised Code or specified in division (A) of section 3107.52   126          

of the Revised Code;                                                            

      (g)  Trial preparation records;                              128          

      (h)  Confidential law enforcement investigatory records;     130          

      (i)  Records containing information that is confidential     132          

under section 2317.023 or 4112.05 of the Revised Code;             133          

      (j)  DNA records stored in the DNA database pursuant to      136          

section 109.573 of the Revised Code;                                            

      (k)  Inmate records released by the department of            138          

rehabilitation and correction to the department of youth services  140          

or a court of record pursuant to division (E) of section 5120.21   141          

of the Revised Code;                                                            

      (l)  Records maintained by the department of youth services  143          

pertaining to children in its custody released by the department   144          

of youth services to the department of rehabilitation and          145          

correction pursuant to section 5139.05 of the Revised Code;        146          

      (m)  Intellectual property records;                          148          

      (n)  Donor profile records;                                  150          

      (o)  RECORDS MAINTAINED BY THE DEPARTMENT OF HUMAN SERVICES  152          

PURSUANT TO SECTION 5101.312 OF THE REVISED CODE;                  153          

      (p)  Records the release of which is prohibited by state or  155          

federal law.                                                       156          

                                                          5      

                                                                 
      (2)  "Confidential law enforcement investigatory record"     158          

means any record that pertains to a law enforcement matter of a    159          

criminal, quasi-criminal, civil, or administrative nature, but     160          

only to the extent that the release of the record would create a   161          

high probability of disclosure of any of the following:            162          

      (a)  The identity of a suspect who has not been charged      164          

with the offense to which the record pertains, or of an            165          

information source or witness to whom confidentiality has been     166          

reasonably promised;                                               167          

      (b)  Information provided by an information source or        169          

witness to whom confidentiality has been reasonably promised,      170          

which information would reasonably tend to disclose the source's   171          

or witness's identity;                                             172          

      (c)  Specific confidential investigatory techniques or       174          

procedures or specific investigatory work product;                 175          

      (d)  Information that would endanger the life or physical    177          

safety of law enforcement personnel, a crime victim, a witness,    178          

or a confidential information source.                              179          

      (3)  "Medical record" means any document or combination of   181          

documents, except births, deaths, and the fact of admission to or  182          

discharge from a hospital, that pertains to the medical history,   183          

diagnosis, prognosis, or medical condition of a patient and that   184          

is generated and maintained in the process of medical treatment.   185          

      (4)  "Trial preparation record" means any record that        187          

contains information that is specifically compiled in reasonable   188          

anticipation of, or in defense of, a civil or criminal action or   189          

proceeding, including the independent thought processes and        190          

personal trial preparation of an attorney.                         191          

      (5)  "Intellectual property record" means a record, other    194          

than a financial or administrative record, that is produced or                  

collected by or for faculty or staff of a state institution of     195          

higher learning in the conduct of or as a result of study or       196          

research on an educational, commercial, scientific, artistic,      197          

technical, or scholarly issue, regardless of whether the study or  198          

                                                          6      

                                                                 
research was sponsored by the institution alone or in conjunction               

with a governmental body or private concern, and that has not      200          

been publicly released, published, or patented.                    201          

      (6)  "Donor profile record" means all records about donors   203          

or potential donors to a public institution of higher education    204          

except the names and reported addresses of the actual donors and   205          

the date, amount, and conditions of the actual donation.           206          

      (B)  All public records shall be promptly prepared and made  208          

available for inspection to any person at all reasonable times     209          

during regular business hours.  Upon request, a person             210          

responsible for public records shall make copies available at      211          

cost, within a reasonable period of time.  In order to facilitate  212          

broader access to public records, governmental units shall         213          

maintain public records in a manner that they can be made          214          

available for inspection in accordance with this division.         215          

      (C)  If a person allegedly is aggrieved by the failure of a  217          

governmental unit to promptly prepare a public record and to make  218          

it available to the person for inspection in accordance with       219          

division (B) of this section, or if a person who has requested a   221          

copy of a public record allegedly is aggrieved by the failure of   222          

a person responsible for the public record to make a copy          223          

available to the person allegedly aggrieved in accordance with     225          

division (B) of this section, the person allegedly aggrieved may   226          

commence a mandamus action to obtain a judgment that orders the    227          

governmental unit or the person responsible for the public record  228          

to comply with division (B) of this section and that awards        229          

reasonable attorney's fees to the person that instituted the       230          

mandamus action.  The mandamus action may be commenced in the                   

court of common pleas of the county in which division (B) of this  231          

section allegedly was not complied with, in the supreme court      232          

pursuant to its original jurisdiction under Section 2 of Article   233          

IV, Ohio Constitution, or in the court of appeals for the          234          

appellate district in which division (B) of this section           235          

allegedly was not complied with pursuant to its original           236          

                                                          7      

                                                                 
jurisdiction under Section 3 of Article IV, Ohio Constitution.     237          

      (D)  Chapter 1347. of the Revised Code does not limit the    239          

provisions of this section.                                        240          

      (E)(1)  The bureau of motor vehicles may adopt rules         242          

pursuant to Chapter 119. of the Revised Code to reasonably limit   244          

the number of bulk commercial special extraction requests made by               

a person for the same records or for updated records during a      245          

calendar year.  The rules may include provisions for charges to    246          

be made for bulk commercial special extraction requests for the    248          

actual cost of the bureau, plus special extraction costs, plus     249          

ten per cent.  The bureau may charge for expenses for redacting    250          

information, the release of which is prohibited by law.            251          

      (2)  As used in division (E)(1) of this section:             253          

      (a)  "Actual cost" means the cost of depleted supplies,      255          

records storage media costs, actual mailing and alternative        256          

delivery costs, or other transmitting costs, and any direct        257          

equipment operating and maintenance costs, including actual costs  258          

paid to private contractors for copying services.                  259          

      (b)  "Bulk commercial special extraction request" means a    261          

request for copies of a record for information in a format other   262          

than the format already available, or information that cannot be   263          

extracted without examination of all items in a records series,    264          

class of records, or data base by a person who intends to use or   265          

forward the copies for surveys, marketing, solicitation, or        266          

resale for commercial purposes.  "Bulk commercial special          267          

extraction request" does not include a request by a person who     268          

gives assurance to the bureau that the person making the request   269          

does not intend to use or forward the requested copies for         270          

surveys, marketing, solicitation, or resale for commercial         271          

purposes.                                                                       

      (c)  "Commercial" means profit-seeking production, buying,   273          

or selling of any good, service, or other product.                 274          

      (d)  "Special extraction costs" means the cost of the time   276          

spent by the lowest paid employee competent to perform the task,   277          

                                                          8      

                                                                 
the actual amount paid to outside private contractors employed by  278          

the bureau, or the actual cost incurred to create computer         279          

programs to make the special extraction.  "Special extraction      280          

costs" include any charges paid to a public agency for computer                 

or records services.                                               281          

      (3)  For purposes of divisions (E)(1) and (2) of this        284          

section, "commercial surveys, marketing, solicitation, or resale"  285          

shall be narrowly construed and does not include reporting or                   

gathering news, reporting or gathering information to assist       287          

citizen oversight or understanding of the operation or activities  288          

of government, or nonprofit educational research.                  289          

      Sec. 169.03.  (A)(1)  Every holder of unclaimed funds and,   298          

when requested, person which could be the holder of unclaimed      299          

funds, under this chapter shall report to the director of          300          

commerce with respect to the unclaimed funds as provided in this   301          

section.  The report shall be verified.                            302          

      (2)  With respect to items of unclaimed funds each having a  304          

value of ten dollars or more, the report required under division   305          

(A)(1) of this section shall include:                              306          

      (a)  The full name, if known, and last known address, if     308          

any, of each person appearing from the records of the holder to    309          

be the owner of unclaimed funds under this chapter;                310          

      (b)  In the case of unclaimed funds reported by holders      312          

providing life insurance coverage, the full name of the insured    313          

or annuitant and beneficiary, if any, and their last known         314          

addresses according to such holder's records;                      315          

      (c)  The nature and identifying number, if any, or           317          

description of the funds and the amount appearing from the         318          

records to be due;                                                 319          

      (d)  The date when the funds became payable, demandable, or  321          

returnable and the date of the last transaction with the owner     322          

with respect to the funds except with respect to each item of      323          

unclaimed funds having a value of less than twenty-five dollars;   324          

      (e)  SUBJECT TO DIVISION (I) OF THIS SECTION, THE SOCIAL     326          

                                                          9      

                                                                 
SECURITY NUMBER OF THE OWNER OF THE UNCLAIMED FUNDS, IF IT IS      327          

AVAILABLE.                                                                      

      (f)  Other information which the director prescribes as      329          

necessary for the administration of this chapter.                  330          

      (3)  With respect to items of unclaimed funds each having a  332          

value of less than ten dollars, the report required under          333          

division (A)(1) of this section shall include:                     334          

      (a)  Each category of items of unclaimed funds as described  336          

in section 169.02 of the Revised Code;                             337          

      (b)  The number of items of unclaimed funds within each      339          

category;                                                          340          

      (c)  The aggregated value of the items of unclaimed funds    342          

within each category.                                              343          

      (B)  If the holder of unclaimed funds is a successor to      345          

other organizations that previously held the funds for the owner,  346          

or if the holder has changed its name while holding the funds, it  347          

shall file with the report all prior known names and addresses     348          

and date and state of incorporation or formation of each holder    349          

of the funds.                                                      350          

      (C)  The report shall be filed before the first day of       352          

November of each year as of the preceding thirtieth day of June,   353          

but the report of holders providing life insurance coverage shall  354          

be filed before the first day of May of each year as of the        355          

preceding thirty-first day of December.  The director may          356          

postpone, for good cause shown, the reporting date upon written    357          

request by any holder required to file a report.                   358          

      (D)  The holder of unclaimed funds under this chapter shall  360          

send notice to each owner of each item of unclaimed funds having   361          

a value of twenty-five dollars or more at the last known address   362          

of the owner as shown by the records of the holder before filing   363          

the annual report.  In case of holders providing life insurance    364          

coverage, such notice shall also be mailed to each beneficiary at  365          

the last known address of such beneficiary as shown by the         366          

records of such holder, except that such notice to beneficiaries   367          

                                                          10     

                                                                 
shall not be mailed if such address is the same as that of the     368          

insured and the surname of the beneficiary is the same as that of  369          

the insured.  The holder shall not report an item of unclaimed     370          

funds earlier than the thirtieth day after the mailing of notice   371          

required by this division.                                         372          

      Such notice shall set forth the nature and identifying       374          

number, if any, or description of the funds and the amount         375          

appearing on the records of the holder to be due the owner, and    376          

shall inform the owner that the funds will, thirty days after the  377          

mailing of such notice, be reported as unclaimed funds under this  378          

chapter.  A self-addressed, stamped envelope shall be included     379          

with the notice, with instructions that the owner may use such     380          

envelope to inform the holder of the owner's continued interest    382          

in the funds and, if so informed before the date for making the    383          

report to the director, the holder shall not report said funds to  384          

the director.  The notice shall be mailed by first class mail.     385          

If there is no address of record for the owner or other person     386          

entitled to the unclaimed funds, the holder is relieved of any     387          

responsibility of sending notice, attempting to notify, or         388          

notifying the owner.  The mailing of notice pursuant to this       389          

section shall discharge the holder from any further                390          

responsibility to give notice.                                     391          

      (E)  Verification of the report and of the mailing of        393          

notice, where required, shall be executed by an officer of the     394          

reporting holder.                                                  395          

      (F)  The director may at reasonable times and upon           397          

reasonable notice examine or cause to be examined, by auditors of  398          

supervisory departments or divisions of the state, the records of  399          

any holder to determine compliance with this chapter.  The         401          

director may enter into contracts, pursuant to procedures          402          

prescribed by the director, with persons for the sole purpose of   403          

examining the records of holders, determining compliance with      404          

this chapter, and collecting, taking possession of, and remitting  405          

to the department's division of unclaimed funds, in a timely       406          

                                                          11     

                                                                 
manner, the amounts found and defined as unclaimed.  Holders       407          

shall retain records, designated by the director as applicable to  408          

unclaimed funds, for five years beyond the relevant time period    409          

provided in section 169.02 of the Revised Code, or until           410          

completion of an audit conducted pursuant to this division,        411          

whichever occurs first.                                            412          

      Records audited pursuant to this division are confidential,  414          

and shall not be disclosed except as required by section 169.06    415          

of the Revised Code or as the director considers necessary in the  416          

proper administration of this chapter.                             417          

      (G)  All holders shall make sufficient investigation of      419          

their records to insure that the funds reported to the director    420          

are unclaimed as set forth in division (B) of section 169.01 and   421          

section 169.02 of the Revised Code.                                422          

      (H)  The expiration of any period of limitations on or       424          

after March 1, 1968, within which a person entitled to any         425          

moneys, rights to moneys, or intangible property could have        426          

commenced an action or proceeding to obtain the same shall not     427          

prevent such items from becoming unclaimed funds or relieve the    428          

holder thereof of any duty to report and give notice as provided   429          

in this section and deliver the same in the manner provided in     430          

section 169.05 of the Revised Code, provided that the holder may   431          

comply with the provisions of this section and section 169.05 of   432          

the Revised Code with respect to any moneys, rights to moneys, or  433          

intangible property as to which the applicable statute of          434          

limitations has run prior to March 1, 1968, and in such event the  435          

holder shall be entitled to the protective provisions of section   436          

169.07 of the Revised Code.                                        437          

      (I)  NO SOCIAL SECURITY NUMBER CONTAINED IN A REPORT MADE    439          

PURSUANT TO THIS SECTION SHALL BE USED FOR ANY PURPOSE OTHER THAN  440          

TO RESPOND TO A REQUEST MADE BY THE DIVISION OF CHILD SUPPORT IN   442          

THE DEPARTMENT OF HUMAN SERVICES MADE PURSUANT TO SECTION          443          

5101.327 OF THE REVISED CODE.                                                   

      Sec. 169.08.  (A)  Any person claiming a property interest   452          

                                                          12     

                                                                 
in unclaimed funds delivered or reported to the state under        453          

Chapter 169. of the Revised Code, INCLUDING THE DIVISION OF CHILD  454          

SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES, PURSUANT TO SECTION   455          

5101.327 OF THE REVISED CODE, may file a claim thereto on the      456          

form prescribed by the director of commerce.                       457          

      (B)  The director shall consider matters relevant to any     459          

claim filed under division (A) of this section and shall hold a    460          

formal hearing if requested or considered necessary and receive    461          

evidence concerning such claim.  A finding and decision in         462          

writing on each claim filed shall be prepared, stating the         463          

substance of any evidence received or heard and the reasons for    464          

allowance or disallowance of the claim.  The evidence and          465          

decision shall be a public record.  No statute of limitations      466          

shall bar the allowance of a claim.                                467          

      (C)  For the purpose of conducting any hearing, the          469          

director may require the attendance of such witnesses and the      470          

production of such books, records, and papers as the director      471          

desires, and the director may take the depositions of witnesses    473          

residing within or without this state in the same manner as is     475          

prescribed by law for the taking of depositions in civil actions   476          

in the court of common pleas, and for that purpose the director    477          

may issue a subpoena for any witness or a subpoena duces tecum to  478          

compel the production of any books, records, or papers, directed   479          

to the sheriff of the county where such witness resides or is      480          

found, which shall be served and returned.  The fees and mileage   481          

of the sheriff and witnesses shall be the same as that allowed in  482          

the court of common pleas in criminal cases.  Fees and mileage     483          

shall be paid from the unclaimed funds trust fund.                 484          

      (D)  Interest is not payable to claimants of unclaimed       486          

funds held by the state.  Claims shall be paid from the trust      487          

fund.  If the amount available in the trust fund is not            488          

sufficient to pay pending claims, or other amounts disbursable     489          

from the trust fund, the treasurer of state shall certify such     490          

fact to the director, who shall then withdraw such amount of       491          

                                                          13     

                                                                 
funds from the mortgage accounts as the director determines        492          

necessary to reestablish the trust fund to a level required to     494          

pay anticipated claims but not more than ten per cent of the net   495          

unclaimed funds reported to date.                                  496          

      The director shall retain in the trust fund, as a fee for    498          

administering the funds, five per cent of the total amount of      499          

unclaimed funds payable to the claimant and may withdraw the       500          

funds paid to the director by the holders and deposited by the     501          

director with the treasurer of state or in a financial             502          

institution as agent for such funds.  Whenever these funds are     503          

inadequate to meet the requirements for the trust fund, the        504          

director shall provide for a withdrawal of funds, within a         506          

reasonable time, in such amount as is necessary to meet the        507          

requirements, from financial institutions in which such funds      508          

were retained or placed by a holder and from other holders who     509          

have retained funds, in an equitable manner as prescribed by the   510          

director.  In the event that the amount to be withdrawn from any   512          

one such holder is less than five hundred dollars, the amount to   513          

be withdrawn shall be at the discretion of the director.  Such     514          

funds may be reimbursed in the amounts withdrawn when the trust    515          

fund has a surplus over the amount required to pay anticipated     516          

claims.  Whenever the trust fund has a surplus over the amount     517          

required to pay anticipated claims, the director may transfer      518          

such surplus to the mortgage accounts.                             519          

      (E)  If a claim which is allowed under this section relates  521          

to funds which have been retained by the reporting holder, and if  522          

the funds, on deposit with the treasurer of state pursuant to      523          

this chapter, are insufficient to pay claims, the director may     524          

notify such holder in writing of the payment of the claim and      525          

such holder shall immediately reimburse the state in the amount    526          

of such claim.  The reimbursement shall be credited to the         527          

unclaimed funds trust fund.                                        528          

      (F)  Any person, INCLUDING THE DIVISION OF CHILD SUPPORT,    530          

adversely affected by a decision of the director may appeal such   532          

                                                          14     

                                                                 
decision in the manner provided in Chapter 119. of the Revised     533          

Code.                                                                           

      In the event the claimant prevails, the claimant shall be    535          

reimbursed for reasonable attorney's fees and costs.               537          

      (G)  Notwithstanding anything to the contrary in this        539          

chapter, any holder who has paid moneys to or entered into an      540          

agreement with the director pursuant to section 169.05 of the      541          

Revised Code on certified checks, cashiers' checks, bills of       542          

exchange, letters of credit, drafts, money orders, or travelers'   543          

checks, may make payment to any person entitled thereto,           544          

INCLUDING THE DIVISION OF CHILD SUPPORT, and upon surrender of     546          

the document, except in the case of travelers' checks, and proof   547          

of such payment, the director shall reimburse the holder for such  548          

payment without interest.                                                       

      Sec. 329.12.  (A)  A county department of human services     558          

may establish an individual development account program for        559          

residents of the county.  The program shall provide for            560          

establishment of accounts for participants and acceptance of                    

contributions from others to be used as matching funds for         561          

deposit in the accounts.                                           562          

      (B)  A county department shall select a fiduciary            566          

organization to administer its individual DEVELOPMENT account      567          

program.  In selecting a fiduciary organization, the department    569          

shall consider all of the following regarding the organization:    571          

      (1)  Its ability to market the program to potential          573          

participants and matching fund contributors;                       574          

      (2)  Its ability to invest money in the accounts in a way    577          

that provides for return with minimal risk of loss;                             

      (3)  Its overall administrative capacity, including the      579          

ability to verify eligibility of individuals for participation in  580          

the program, prevent unauthorized use of matching contributions,   582          

and enforce any penalties for unauthorized uses that may be        583          

provided for by rule adopted by the state department of human      584          

services under section 5101.971 of the Revised Code.               585          

                                                          15     

                                                                 
      (4)  Its ability to provide financial counseling to          588          

participants;                                                                   

      (5)  Its affiliation with other activities designed to       590          

increase the independence of individuals and families through      591          

postsecondary education, home ownership, and business              592          

development;                                                       593          

      (6)  Any other factor the county department considers        595          

appropriate.                                                                    

      (C)  At the time it commences the program and on the first   599          

day of each subsequent program year, the county department may     600          

make a grant to the fiduciary organization to pay all or part of   601          

the administrative costs of the program.                                        

      (D)  The county department shall require the fiduciary       605          

organization to collect and maintain information regarding the     606          

program, including all of the following:                           607          

      (1)  The number of accounts established;                     609          

      (2)  The amount deposited by each participant and the        612          

amount matched by contributions;                                                

      (3)  The uses of funds withdrawn from the account,           614          

including the number of participants who used funds for            615          

postsecondary educational expenses and the institutions attended,  617          

the number of personal residences purchased, and the number of     618          

participants who used funds for business capitalization;           619          

      (4)  The demographics of program participants;               621          

      (5)  The number of participants who withdrew from the        623          

program and the reasons for withdrawal.                            624          

      (E)  The county department shall prepare and file with the   628          

state department of human services a semi-annual report            629          

containing the information the state department requires by rule   630          

adopted under section 5101.971 of the Revised Code, with the       632          

first report being filed at the end of the six-month period        633          

following the effective date of this section.                      634          

      Sec. 1336.07.  (A)  In an action for relief arising out of   643          

a transfer or an obligation that is fraudulent under section       644          

                                                          16     

                                                                 
1336.04 or 1336.05 of the Revised Code, a creditor OR A CHILD      645          

SUPPORT ENFORCEMENT AGENCY ON BEHALF OF A SUPPORT CREDITOR,        646          

subject to the limitations in section 1336.08 of the Revised       647          

Code, may obtain one of the following:                             648          

      (1)  Avoidance of the transfer or obligation to the extent   650          

necessary to satisfy the claim of the creditor;                    651          

      (2)  An attachment or garnishment against the asset          653          

transferred or other property of the transferee in accordance      654          

with Chapters 2715. and 2716. of the Revised Code;                 655          

      (3)  Subject to the applicable principles of equity and in   657          

accordance with the Rules of Civil Procedure, any of the           658          

following:                                                         659          

      (a)  An injunction against further disposition by the        661          

debtor or a transferee, or both, of the asset transferred or of    662          

other property;                                                    663          

      (b)  Appointment of a receiver to take charge of the asset   665          

transferred or of other property of the transferee;                666          

      (c)  Any other relief that the circumstances may require.    668          

      (B)  If a creditor OR CHILD SUPPORT ENFORCEMENT AGENCY has   670          

obtained a judgment on a claim against the debtor, the creditor    672          

OR AGENCY, if the court so orders, may levy execution on the       673          

asset transferred or its proceeds in accordance with Chapter       674          

2329. of the Revised Code.                                                      

      Sec. 1336.08.  (A)  A transfer or an obligation is not       683          

fraudulent under division (A)(1) of section 1336.04 of the         684          

Revised Code against a person who took in good faith and for a     685          

reasonably equivalent value or against any subsequent transferee   686          

or obligee.                                                        687          

      (B)(1)  Except as otherwise provided in this section, to     689          

the extent a transfer is voidable in an action by a creditor OR A  690          

CHILD SUPPORT ENFORCEMENT AGENCY under division (A)(1) of section  692          

1336.07 of the Revised Code, the creditor OR AGENCY may recover a  693          

judgment for the value of the asset transferred, as adjusted       694          

under division (B)(2) of this section, or the amount necessary to  695          

                                                          17     

                                                                 
satisfy the claim of the creditor OR AGENCY, whichever is less.    696          

The judgment may be entered against either of the following:       697          

      (a)  The first transferee of the asset or the person for     699          

whose benefit the transfer was made;                               700          

      (b)  Any subsequent transferee other than a good faith       702          

transferee who took for value or from any subsequent transferee.   703          

      (2)  If the judgment under division (B)(1) of this section   705          

is based upon the value of the asset transferred, the judgment     706          

shall be in an amount equal to the value of the asset at the time  707          

of the transfer, subject to adjustment as the equities may         708          

require.                                                           709          

      (C)  Notwithstanding the voidability of a transfer or an     711          

obligation under division (A)(1) of section 1336.07 of the         712          

Revised Code, a good faith transferee or obligee is entitled, to   713          

the extent of the value given to the debtor for the transfer or    714          

obligation, to any of the following:                               715          

      (1)  A lien on or a right to retain any interest in the      717          

asset transferred;                                                 718          

      (2)  Enforcement of any obligation incurred;                 720          

      (3)  A reduction in the amount of the liability on the       722          

judgment.                                                          723          

      (D)  A transfer is not fraudulent under division (A)(2) of   725          

section 1336.04 or section 1336.05 of the Revised Code if the      726          

transfer results from either of the following:                     727          

      (1)  Termination of a lease upon default by the debtor when  729          

the termination is pursuant to the lease and applicable law;       730          

      (2)  Enforcement of a security interest in compliance with   732          

section 1309.44 of the Revised Code.                               733          

      (E)  A transfer is not fraudulent under division (B) of      735          

section 1336.05 of the Revised Code as follows:                    736          

      (1)  To the extent the insider gave new value to or for the  738          

benefit of the debtor after the transfer was made, unless the new  739          

value was secured by a valid lien;                                 740          

      (2)  If made in the ordinary course of business or           742          

                                                          18     

                                                                 
financial affairs of the debtor and the insider;                   743          

      (3)  If made pursuant to a good faith effort to              745          

rehabilitate the debtor and the transfer secured present value     746          

given for that purpose as well as an antecedent debt of the        747          

debtor.                                                            748          

      Sec. 1349.01.  (A)  As used in this section:                 757          

      (1)  "Consumer reporting agency" has the same meaning as in  759          

the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A.        760          

1681a.                                                             761          

      (2)  "Court" means the division of the court of common       763          

pleas having jurisdiction over actions for divorce, annulment,     764          

dissolution of marriage, legal separation, child support, or       765          

spousal support.                                                   766          

      (3)  "Health insurance coverage" means hospital, surgical,   768          

or medical expense coverage provided under any health insurance    769          

or health care policy, contract, or plan or any other health       770          

benefits arrangement.                                              771          

      (4)  "Provider" has the same meaning as in section 3901.38   773          

of the Revised Code.                                               774          

      (B)  If, pursuant to an action for divorce, annulment,       776          

dissolution of marriage, or legal separation, the court            777          

determines that a party who is a resident of this state is         778          

responsible for obtaining health insurance coverage for the        780          

party's former spouse or children or if, pursuant to a child       781          

support order issued under IN ACCORDANCE WITH section 3113.217 of  783          

the Revised Code, the court requires a party who is a resident of               

this state to obtain health insurance coverage for the children    785          

who are the subject of the child support order, and the party      786          

fails to obtain such coverage, no provider or collection agency    787          

shall collect or attempt to collect from the former spouse,        788          

children, or person responsible for the children, any              789          

reimbursement of any hospital, surgical, or medical expenses       790          

incurred by the provider for services rendered to the former       791          

spouse or children, which expenses would have been covered but     792          

                                                          19     

                                                                 
for the failure of the party to obtain the coverage, if the        793          

former spouse, any of the children, or a person responsible for    794          

the children, provides the following to the provider or                         

collection agency:                                                 795          

      (1)  A copy of the court order requiring the party to        797          

obtain health insurance coverage for the former spouse or          798          

children.                                                                       

      (2)  Reasonable assistance in locating the party and         800          

obtaining information about the party's health insurance           801          

coverage.                                                                       

      (C)  If the requirements of divisions (B)(1) and (2) of      804          

this section are not met, the provider or collection agency may    805          

collect the hospital, surgical, or medical expenses both from the  806          

former spouse or person responsible for the children and from the  807          

party who failed to obtain the coverage.  If the requirements of   808          

divisions (B)(1) and (2) are met, the provider or collection       809          

agency may collect or attempt to collect the expenses only from    810          

the party.                                                                      

      A party required to obtain health insurance coverage for a   812          

former spouse or children who fails to obtain the coverage is      813          

liable to the provider for the hospital, surgical, or medical      814          

expenses incurred by the provider as a result of the failure to    815          

obtain the coverage.  This section does not prohibit a former      816          

spouse or person responsible for the children from initiating an   817          

action to enforce the order requiring the party to obtain health   818          

insurance for the former spouse or children or to collect any      819          

amounts the former spouse or person responsible for the children   820          

pays for hospital, surgical, or medical expenses for which the     821          

party is responsible under the order requiring the party to        822          

obtain health insurance for the former spouse or children.         823          

      (D)(1)  If the requirements of divisions (B)(1) and (2) of   825          

this section are met, both of the following restrictions shall     826          

apply:                                                                          

      (a)  No collection agency or provider of hospital,           828          

                                                          20     

                                                                 
surgical, or medical services may report to a consumer reporting   829          

agency, for inclusion in the credit file or credit report of the   830          

former spouse or person responsible for the children, any          831          

information relative to the nonpayment of expenses for the         832          

services incurred by the provider, if the nonpayment is the        833          

result of the failure of the party responsible for obtaining       834          

health insurance coverage to obtain health insurance coverage.     835          

      (b)  No consumer reporting agency shall include in the       837          

credit file or credit report of the former spouse or person        838          

responsible for the children, any information relative to the      839          

nonpayment of any hospital, surgical, or medical expenses          840          

incurred by a provider as a result of the party's failure to                    

obtain the coverage.                                               841          

      (2)  If the requirements of divisions (B)(1) and (2) of      843          

this section are not met, both of the following provisions shall   844          

apply:                                                             845          

      (a)  A provider of hospital, surgical, or medical services,  847          

or a collection agency, may report to a consumer reporting         848          

agency, for inclusion in the credit file or credit report of the   849          

former spouse or person responsible for the children, any          850          

information relative to the nonpayment of expenses for the                      

services incurred by the provider, if the nonpayment is the        851          

result of the failure of the party responsible for obtaining       852          

health insurance coverage to obtain such coverage.                 853          

      (b)  A consumer reporting agency may include in the credit   855          

file or credit report of the former spouse or person responsible   856          

for the children, any information relative to the nonpayment of    857          

any hospital, surgical, or medical expenses incurred by the        858          

provider, if the nonpayment is the result of the failure of the    859          

party responsible for obtaining health insurance coverage to                    

obtain such coverage.                                              860          

      (3)(a)  A provider of hospital, surgical, or medical         862          

services, or a collection agency, may report to a consumer         863          

reporting agency, for inclusion in the credit file or credit       864          

                                                          21     

                                                                 
report of that party, any information relative to the nonpayment   865          

of expenses for the services incurred by the provider, if the                   

nonpayment is the result of the failure of the party responsible   866          

for obtaining health insurance coverage to obtain such coverage.   867          

      (b)  A consumer reporting agency may include in the credit   869          

file or credit report of the party responsible for obtaining       870          

health insurance coverage, any information relative to the         871          

nonpayment of any hospital, surgical, or medical expenses          872          

incurred by a provider, if the nonpayment is the result of the                  

failure of that party to obtain health insurance coverage.         873          

      (4)  If any information described in division (D)(2) of      875          

this section is placed in the credit file or credit report of the  876          

former spouse or person responsible for the children, the          877          

consumer reporting agency shall remove the information from the    878          

credit file and credit report if the former spouse or person                    

responsible for the children provides the agency with the          879          

information required in divisions (B)(1) and (2) of this section.  880          

If the agency fails to remove the information from the credit      881          

file or credit report pursuant to the terms of the "Fair Credit    882          

Reporting Act," 84 Stat. 1128, 15 U.S.C. 1681a, within a                        

reasonable time after receiving the information required by        883          

divisions (B)(1) and (2) of this section, the former spouse may    884          

initiate an action to require the agency to remove the             885          

information.                                                                    

      If any information described in division (D)(3) of this      887          

section is placed in the party's credit file or credit report,     888          

the party has the burden of proving that the party is not          889          

responsible for obtaining the health insurance coverage or, if     890          

responsible, that the expenses incurred are not covered expenses.               

If the party meets that burden, the agency shall remove the        891          

information from the party's credit file and credit report         892          

immediately.  If the agency fails to remove the information from   893          

the credit file or credit report immediately after the party       894          

meets the burden, the party may initiate an action to require the               

                                                          22     

                                                                 
agency to remove the information.                                  895          

      Sec. 1533.82.  (A)  On receipt of a notice pursuant to       904          

section 2301.373 of the Revised Code, the chief of the division    905          

of wildlife shall comply with that section with respect to a       908          

license or permit issued pursuant to section 1533.23, 1533.34,     909          

1533.342, 1533.39, 1533.40, 1533.51, 1533.631, 1533.71, 1533.72,   910          

or 1533.81 of the Revised Code.                                                 

      (B)  ON RECEIPT OF A NOTICE PURSUANT TO SECTION 2301.375 OF  912          

THE REVISED CODE, THE CHIEF OF THE DIVISION OF WILDLIFE SHALL      913          

COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE, PERMIT, OR     914          

STAMP ISSUED PURSUANT TO SECTION 1533.10, 1533.11, 1533.111,       915          

1533.112, OR 1533.32 OF THE REVISED CODE.                                       

      Sec. 2151.23.  (A)  The juvenile court has exclusive         924          

original jurisdiction under the Revised Code as follows:           925          

      (1)  Concerning any child who on or about the date           927          

specified in the complaint is alleged to be a juvenile traffic     928          

offender or a delinquent, unruly, abused, neglected, or dependent  930          

child;                                                                          

      (2)  Subject to division (V) of section 2301.03 of the       932          

Revised Code, to determine the custody of any child not a ward of  933          

another court of this state;                                       934          

      (3)  To hear and determine any application for a writ of     936          

habeas corpus involving the custody of a child;                    937          

      (4)  To exercise the powers and jurisdiction given the       939          

probate division of the court of common pleas in Chapter 5122. of  941          

the Revised Code, if the court has probable cause to believe that  942          

a child otherwise within the jurisdiction of the court is a                     

mentally ill person subject to hospitalization by court order, as  943          

defined in section 5122.01 of the Revised Code;                    944          

      (5)  To hear and determine all criminal cases charging       946          

adults with the violation of any section of this chapter;          947          

      (6)  To hear and determine all criminal cases in which an    949          

adult is charged with a violation of division (C) of section       950          

2919.21, division (B)(1) of section 2919.22, division (B) of       951          

                                                          23     

                                                                 
section 2919.23, or section 2919.24 of the Revised Code, provided  952          

the charge is not included in an indictment that also charges the  953          

alleged adult offender with the commission of a felony arising     954          

out of the same actions that are the basis of the alleged          955          

violation of division (C) of section 2919.21, division (B)(1) of   956          

section 2919.22, division (B) of section 2919.23, or section       957          

2919.24 of the Revised Code;                                       958          

      (7)  Under the interstate compact on juveniles in section    960          

2151.56 of the Revised Code;                                       961          

      (8)  Concerning any child who is to be taken into custody    963          

pursuant to section 2151.31 of the Revised Code, upon being        964          

notified of the intent to take the child into custody and the      965          

reasons for taking the child into custody;                         966          

      (9)  To hear and determine requests for the extension of     968          

temporary custody agreements, and requests for court approval of   969          

permanent custody agreements, that are filed pursuant to section   970          

5103.15 of the Revised Code;                                       971          

      (10)  To hear and determine applications for consent to      973          

marry pursuant to section 3101.04 of the Revised Code;             974          

      (11)  Subject to division (V) of section 2301.03 of the      976          

Revised Code, to hear and determine a request for an order for     977          

the support of any child if the request is not ancillary to an     978          

action for divorce, dissolution of marriage, annulment, or legal   979          

separation, a criminal or civil action involving an allegation of  980          

domestic violence, or an action for support brought under Chapter  981          

3115. of the Revised Code;                                         982          

      (12)  Concerning an action commenced under section 121.38    984          

of the Revised Code;                                               985          

      (13)  Concerning an action commenced under section 2151.55   987          

of the Revised Code.                                                            

      (B)  The juvenile court has original jurisdiction under the  989          

Revised Code:                                                      990          

      (1)  To hear and determine all cases of misdemeanors         992          

charging adults with any act or omission with respect to any       993          

                                                          24     

                                                                 
child, which act or omission is a violation of any state law or    994          

any municipal ordinance;                                           995          

      (2)  To determine the paternity of any child alleged to      997          

have been born out of wedlock pursuant to sections 3111.01 to      998          

3111.19 of the Revised Code;                                       999          

      (3)  Under the uniform reciprocal enforcement of INTERSTATE  1,001        

FAMILY support act in Chapter 3115. of the Revised Code;           1,003        

      (4)  To hear and determine an application for an order for   1,005        

the support of any child, if the child is not a ward of another    1,006        

court of this state;                                               1,007        

      (5)  TO HEAR AND DETERMINE AN ACTION COMMENCED UNDER         1,009        

SECTION 5101.314 OF THE REVISED CODE.                              1,010        

      (C)  The juvenile court, except as to juvenile courts that   1,012        

are a separate division of the court of common pleas or a          1,013        

separate and independent juvenile court, has jurisdiction to       1,014        

hear, determine, and make a record of any action for divorce or    1,015        

legal separation that involves the custody or care of children     1,016        

and that is filed in the court of common pleas and certified by    1,017        

the court of common pleas with all the papers filed in the action  1,018        

to the juvenile court for trial, provided that no certification    1,019        

of that nature shall be made to any juvenile court unless the      1,021        

consent of the juvenile judge first is obtained.  After a          1,022        

certification of that nature is made and consent is obtained, the  1,024        

juvenile court shall proceed as if the action originally had been  1,025        

begun in that court, except as to awards for spousal support or    1,026        

support due and unpaid at the time of certification, over which    1,027        

the juvenile court has no jurisdiction.                                         

      (D)  The juvenile court has jurisdiction to hear and         1,029        

determine all matters as to custody and support of children duly   1,030        

certified by the court of common pleas to the juvenile court       1,031        

after a divorce decree has been granted, including jurisdiction    1,032        

to modify the judgment and decree of the court of common pleas as  1,033        

the same relate to the custody and support of children.            1,034        

      (E)  The juvenile court has jurisdiction to hear and         1,036        

                                                          25     

                                                                 
determine the case of any child certified to the court by any      1,037        

court of competent jurisdiction if the child comes within the      1,038        

jurisdiction of the juvenile court as defined by this section.     1,039        

      (F)(1)  The juvenile court shall exercise its jurisdiction   1,041        

in child custody matters in accordance with sections 3109.04,      1,042        

3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code.    1,043        

      (2)  The juvenile court shall exercise its jurisdiction in   1,045        

child support matters in accordance with section 3109.05 of the    1,046        

Revised Code.                                                      1,047        

      (G)(1)  Each order for child support made or modified by a   1,049        

juvenile court on or after December 31, 1993, shall include as     1,050        

part of the order a general provision, as described in division    1,051        

(A)(1) of section 3113.21 of the Revised Code, requiring the       1,052        

withholding or deduction of wages INCOME or assets of the obligor  1,054        

under the order as described in division (D) of section 3113.21    1,055        

of the Revised Code, or another type of appropriate requirement    1,056        

as described in division (D)(6)(3), (D)(7)(4), or (H) of that      1,058        

section, to ensure that withholding or deduction from the wages    1,059        

INCOME or assets of the obligor is available from the              1,061        

commencement of the support order for collection of the support    1,062        

and of any arrearages that occur; a statement requiring all        1,063        

parties to the order to notify the child support enforcement       1,064        

agency in writing of their current mailing address, their current  1,065        

residence address, CURRENT RESIDENCE TELEPHONE NUMBER, AND         1,066        

CURRENT DRIVER'S LICENSE NUMBER, and any changes in either         1,068        

address TO THAT INFORMATION; and a notice that the requirement to  1,069        

notify the child support enforcement agency of all changes in      1,070        

either address TO THAT INFORMATION continues until further notice  1,071        

from the court.  Any juvenile court that makes or modifies an      1,073        

order for child support on or after April 12, 1990, shall comply   1,074        

with sections 3113.21 to 3113.219 of the Revised Code.  If any     1,075        

person required to pay child support under an order made by a      1,076        

juvenile court on or after April 15, 1985, or modified on or       1,077        

after December 1, 1986, is found in contempt of court for failure  1,078        

                                                          26     

                                                                 
to make support payments under the order, the court that makes     1,079        

the finding, in addition to any other penalty or remedy imposed,   1,080        

shall assess all court costs arising out of the contempt           1,081        

proceeding against the person and require the person to pay any    1,082        

reasonable attorney's fees of any adverse party, as determined by  1,083        

the court, that arose in relation to the act of contempt.          1,084        

      (2)  Notwithstanding section 3109.01 of the Revised Code,    1,086        

if a juvenile court issues a child support order under this        1,087        

chapter, the order shall remain in effect beyond the child's       1,088        

eighteenth birthday as long as the child continuously attends on   1,089        

a full-time basis any recognized and accredited high school OR     1,090        

THE ORDER PROVIDES THAT THE DUTY OF SUPPORT OF THE CHILD           1,091        

CONTINUES BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY.  EXCEPT IN       1,092        

CASES IN WHICH THE ORDER PROVIDES THAT THE DUTY OF SUPPORT         1,093        

CONTINUES FOR ANY PERIOD AFTER THE CHILD REACHES NINETEEN YEARS    1,094        

OF AGE THE ORDER SHALL NOT REMAIN IN EFFECT AFTER THE CHILD        1,095        

REACHES NINETEEN YEARS OF AGE.  Any parent ordered to pay support  1,097        

under a child support order issued under this chapter shall        1,098        

continue to pay support under the order, including during          1,099        

seasonal vacation periods, until the order terminates.             1,100        

      (H)  If a child who is charged with an act that would be an  1,102        

offense if committed by an adult was fourteen years of age or      1,103        

older and under eighteen years of age at the time of the alleged   1,104        

act and if the case is transferred for criminal prosecution        1,105        

pursuant to section 2151.26 of the Revised Code, the juvenile      1,107        

court does not have jurisdiction to hear or determine the case     1,108        

subsequent to the transfer.  The court to which the case is        1,109        

transferred for criminal prosecution pursuant to that section has  1,110        

jurisdiction subsequent to the transfer to hear and determine the  1,111        

case in the same manner as if the case originally had been         1,112        

commenced in that court, including, but not limited to,                         

jurisdiction to accept a plea of guilty or another plea            1,113        

authorized by Criminal Rule 11 or another section of the Revised   1,115        

Code and jurisdiction to accept a verdict and to enter a judgment  1,116        

                                                          27     

                                                                 
of conviction pursuant to the Rules of Criminal Procedure against  1,117        

the child for the commission of the offense that was the basis of  1,118        

the transfer of the case for criminal prosecution, whether the     1,119        

conviction is for the same degree or a lesser degree of the        1,120        

offense charged, for the commission of a lesser-included offense,  1,121        

or for the commission of another offense that is different from    1,122        

the offense charged.                                               1,123        

      (I)  If a person under eighteen years of age allegedly       1,126        

commits an act that would be a felony if committed by an adult     1,127        

and if the person is not taken into custody or apprehended for                  

that act until after the person attains twenty-one years of age,   1,128        

the juvenile court does not have jurisdiction to hear or           1,129        

determine any portion of the case charging the person with         1,130        

committing that act.  In those circumstances, divisions (B) and    1,131        

(C) of section 2151.26 of the Revised Code do not apply regarding  1,132        

the act, the case charging the person with committing the act      1,133        

shall be a criminal prosecution commenced and heard in the         1,134        

appropriate court having jurisdiction of the offense as if the     1,135        

person had been eighteen years of age or older when the person     1,136        

committed the act, all proceedings pertaining to the act shall be               

within the jurisdiction of the court having jurisdiction of the    1,137        

offense, and the court having jurisdiction of the offense has all  1,138        

the authority and duties in the case as it has in other criminal   1,139        

cases commenced in that court.                                                  

      Sec. 2151.231.  The parent, guardian, or custodian of a      1,148        

child, the person with whom a child resides, or the child support  1,149        

enforcement agency of the county in which the child, parent,       1,150        

guardian, or custodian of the child resides may bring an action    1,152        

in a juvenile court under this section requesting the court to                  

issue an order requiring a parent of the child to pay an amount    1,153        

for the support of the child without regard to the marital status  1,154        

of the child's parents.                                                         

      The parties to an action under this section may raise the    1,156        

issue of the existence or nonexistence of a parent-child           1,157        

                                                          28     

                                                                 
relationship, unless a final and enforceable determination of the  1,158        

issue has been made with respect to the parties pursuant to        1,159        

Chapter 3111. of the Revised Code OR AN ACKNOWLEDGMENT OF          1,160        

PATERNITY SIGNED BY THE CHILD'S PARENTS HAS BECOME FINAL PURSUANT               

TO SECTION 2151.232, 3111.211, OR 5101.314 OF THE REVISED CODE.    1,161        

If a complaint is filed under this section and an issue            1,163        

concerning the existence or nonexistence of a parent-child         1,164        

relationship is raised, the court shall treat the action as an                  

action pursuant to sections 3111.01 to 3111.19 of the Revised      1,165        

Code.  An order issued in an action under this section does not    1,167        

preclude a party to the action from bringing a subsequent action   1,169        

pursuant to sections 3111.01 to 3111.19 of the Revised Code if     1,171        

the issue concerning the existence or nonexistence of the          1,172        

parent-child relationship was not determined with respect to the   1,173        

party PURSUANT TO A PROCEEDING UNDER THIS SECTION, A PROCEEDING    1,174        

UNDER CHAPTER 3111. OF THE REVISED CODE, OR AN ACKNOWLEDGMENT OF   1,175        

PATERNITY THAT HAS BECOME FINAL UNDER SECTION 2151.232, 3111.211,  1,176        

OR 5101.314 OF THE REVISED CODE.  An order issued pursuant to      1,177        

this section shall remain effective until an order is issued       1,178        

pursuant to sections 3111.01 to 3111.19 of the Revised Code that   1,179        

a parent-child relationship does not exist between the alleged     1,181        

father of the child and the child or until the occurrence of an                 

event described in division (G)(4)(a) of section 3113.21 of the    1,183        

Revised Code that would require the order to terminate.                         

      THE COURT, IN ACCORDANCE WITH SECTION 3113.217 OF THE        1,185        

REVISED CODE, SHALL INCLUDE IN EACH SUPPORT ORDER MADE UNDER THIS  1,186        

SECTION THE REQUIREMENT THAT ONE OR BOTH OF THE PARENTS PROVIDE    1,187        

FOR THE HEALTH CARE NEEDS OF THE CHILD TO THE SATISFACTION OF THE  1,188        

COURT.                                                                          

      Sec. 2151.232.  IF AN ACKNOWLEDGMENT HAS BEEN FILED AND      1,190        

ENTERED INTO THE BIRTH REGISTRY PURSUANT TO SECTION 5101.314 OF    1,191        

THE REVISED CODE BUT HAS NOT YET BECOME FINAL, EITHER PARENT WHO   1,193        

SIGNED THE ACKNOWLEDGMENT MAY BRING AN ACTION IN THE JUVENILE      1,194        

COURT UNDER THIS SECTION REQUESTING THAT THE COURT ISSUE AN ORDER  1,195        

                                                          29     

                                                                 
REQUIRING A PARENT OF THE CHILD TO PAY AN AMOUNT FOR THE SUPPORT   1,196        

OF THE CHILD IN ACCORDANCE WITH SECTIONS 3113.21 TO 3113.219 OF                 

THE REVISED CODE.                                                               

      THE PARTIES TO AN ACTION UNDER THIS SECTION MAY RAISE THE    1,198        

ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT-CHILD           1,199        

RELATIONSHIP.  IF AN ACTION IS COMMENCED PURSUANT TO THIS SECTION  1,200        

AND THE ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT-CHILD   1,201        

RELATIONSHIP IS RAISED, THE COURT SHALL TREAT THE ACTION AS AN     1,202        

ACTION COMMENCED PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE    1,204        

REVISED CODE.  IF THE ISSUE IS RAISED, THE COURT SHALL PROMPTLY    1,205        

NOTIFY THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN    1,206        

SERVICES THAT IT IS CONDUCTING PROCEEDINGS IN COMPLIANCE WITH      1,207        

SECTIONS 3111.01 TO 3111.19 OF THE REVISED CODE.  ON RECEIPT OF    1,209        

THE NOTICE BY THE DIVISION, THE ACKNOWLEDGMENT OF PATERNITY                     

SIGNED BY THE PARTIES AND FILED PURSUANT TO SECTION 5101.314 OF    1,210        

THE REVISED CODE SHALL BE CONSIDERED RESCINDED.                    1,211        

      IF THE PARTIES DO NOT RAISE THE ISSUE OF THE EXISTENCE OR    1,213        

NONEXISTENCE OF A PARENT-CHILD RELATIONSHIP IN THE ACTION AND AN   1,214        

ORDER IS ISSUED PURSUANT TO THIS SECTION PRIOR TO THE DATE THE     1,215        

ACKNOWLEDGMENT FILED AND ENTERED ON THE BIRTH REGISTRY UNDER       1,216        

SECTION 5101.314 OF THE REVISED CODE BECOMES FINAL, THE            1,218        

ACKNOWLEDGMENT SHALL BE CONSIDERED FINAL AS OF THE DATE OF THE     1,219        

ISSUANCE OF THE ORDER.  AN ORDER ISSUED PURSUANT TO THIS SECTION                

SHALL NOT AFFECT AN ACKNOWLEDGMENT THAT BECOMES FINAL PURSUANT TO  1,220        

SECTION 5101.314 OF THE REVISED CODE PRIOR TO THE ISSUANCE OF THE  1,223        

ORDER.                                                                          

      Sec. 2151.33.  (A)  Pending hearing of a complaint filed     1,232        

under section 2151.27 of the Revised Code or a motion filed or     1,233        

made under division (B) of this section and the service of         1,234        

citations, the juvenile court may make any temporary disposition   1,235        

of any child that it considers necessary to protect the best       1,236        

interest of the child and that can be made pursuant to division    1,237        

(B) of this section.  Upon the certificate of one or more          1,238        

reputable practicing physicians, the court may summarily provide   1,239        

                                                          30     

                                                                 
for emergency medical and surgical treatment that appears to be    1,240        

immediately necessary to preserve the health and well-being of     1,241        

any child concerning whom a complaint or an application for care   1,242        

has been filed, pending the service of a citation upon the         1,243        

child's parents, guardian, or custodian.  The court may order the  1,244        

parents, guardian, or custodian, if the court finds the parents,   1,245        

guardian, or custodian able to do so, to reimburse the court for   1,246        

the expense involved in providing the emergency medical or         1,247        

surgical treatment.  Any person who disobeys the order for         1,248        

reimbursement may be adjudged in contempt of court and punished    1,249        

accordingly.                                                       1,250        

      If the emergency medical or surgical treatment is furnished  1,252        

to a child who is found at the hearing to be a nonresident of the  1,253        

county in which the court is located and if the expense of the     1,254        

medical or surgical treatment cannot be recovered from the         1,255        

parents, legal guardian, or custodian of the child, the board of   1,256        

county commissioners of the county in which the child has a legal  1,257        

settlement shall reimburse the court for the reasonable cost of    1,258        

the emergency medical or surgical treatment out of its general     1,259        

fund.                                                              1,260        

      (B)(1)  After a complaint, petition, writ, or other          1,262        

document initiating a case dealing with an alleged or adjudicated  1,263        

abused, neglected, or dependent child is filed and upon the        1,264        

filing or making of a motion pursuant to division (C) of this      1,265        

section, the court, prior to the final disposition of the case,    1,266        

may issue any of the following temporary orders to protect the     1,267        

best interest of the child:                                        1,268        

      (a)  An order granting temporary custody of the child to a   1,270        

particular party;                                                  1,271        

      (b)  An order for the taking of the child into custody       1,273        

pursuant to section 2151.31 of the Revised Code pending the        1,274        

outcome of the adjudicatory and dispositional hearings;            1,275        

      (c)  An order granting, limiting, or eliminating visitation  1,277        

rights with respect to the child;                                  1,278        

                                                          31     

                                                                 
      (d)  An order requiring a party to vacate a residence that   1,281        

will be lawfully occupied by the child;                            1,282        

      (e)  An order requiring a party to attend an appropriate     1,284        

counseling program that is reasonably available to that party;     1,285        

      (f)  Any other order that restrains or otherwise controls    1,287        

the conduct of any party which conduct would not be in the best    1,288        

interest of the child.                                             1,289        

      (2)  Prior to the final disposition of a case subject to     1,291        

division (B)(1) of this section, the court shall do both of the    1,292        

following:                                                                      

      (a)  Issue an order pursuant to sections 3113.21 to          1,294        

3113.219 of the Revised Code requiring the parents, guardian, or   1,295        

person charged with the child's support to pay support for the     1,297        

child.                                                                          

      (b)  Issue an order requiring the parents, guardian, or      1,299        

person charged with the child's support to continue to maintain    1,300        

any health insurance coverage for the child that existed at the    1,301        

time of the filing of the complaint, petition, writ, or other      1,302        

document, or to obtain health insurance coverage pursuant to IN    1,303        

ACCORDANCE WITH section 3113.217 of the Revised Code.              1,305        

      (C)(1)  A court may issue an order pursuant to division (B)  1,307        

of this section upon its own motion or if a party files a written  1,309        

motion or makes an oral motion requesting the issuance of the      1,310        

order and stating the reasons for it.  Any notice sent by the      1,311        

court as a result of a motion pursuant to this division shall      1,312        

contain a notice that any party to a juvenile proceeding has the   1,313        

right to be represented by counsel and to have appointed counsel   1,315        

if the person is indigent.                                                      

      (2)  If a child is taken into custody pursuant to section    1,317        

2151.31 of the Revised Code and placed in shelter care, the        1,318        

public children services agency or private child placing agency    1,319        

with which the child is placed in shelter care shall file or make  1,320        

a motion as described in division (C)(1) of this section before    1,321        

the end of the next day immediately after the date on which the    1,323        

                                                          32     

                                                                 
child was taken into custody and, at a minimum, shall request an   1,324        

order for temporary custody under division (B)(1)(a) of this       1,325        

section.                                                                        

      (3)  Any court that issues an order pursuant to division     1,327        

(B)(1)(b) of this section shall make the determination and issue   1,329        

the written finding of facts required by section 2151.419 of the                

Revised Code.                                                      1,330        

      (D)  The court may grant an ex parte order upon its own      1,333        

motion or a motion filed or made pursuant to division (C) of this  1,334        

section requesting such an order if it appears to the court that   1,336        

the best interest and the welfare of the child require that the    1,337        

court issue the order immediately.  The court, if acting on its    1,338        

own motion, or the person requesting the granting of an ex parte   1,339        

order, to the extent possible, shall give notice of its intent or  1,340        

of the request to the parents, guardian, or custodian of the       1,341        

child who is the subject of the request.  If the court issues an   1,342        

ex parte order, the court shall hold a hearing to review the       1,343        

order within seventy-two hours after it is issued or before the    1,344        

end of the next day after the day on which it is issued,           1,345        

whichever occurs first.  The court shall give written notice of    1,346        

the hearing to all parties to the action and shall appoint a       1,347        

guardian ad litem for the child prior to the hearing.              1,348        

      The written notice shall be given by all means that are      1,350        

reasonably likely to result in the party receiving actual notice   1,351        

and shall include all of the following:                            1,352        

      (1)  The date, time, and location of the hearing;            1,354        

      (2)  The issues to be addressed at the hearing;              1,356        

      (3)  A statement that every party to the hearing has a       1,358        

right to counsel and to court appointed counsel, if the party is   1,359        

indigent;                                                          1,360        

      (4)  The name, telephone number, and address of the person   1,362        

requesting the order;                                              1,363        

      (5)  A copy of the order, except when it is not possible to  1,365        

obtain it because of the exigent circumstances in the case.        1,366        

                                                          33     

                                                                 
      If the court does not grant an ex parte order pursuant to a  1,368        

motion filed or made pursuant to division (C) of this section or   1,370        

its own motion, the court shall hold a shelter care hearing on     1,371        

the motion within ten days after the motion is filed.  The court   1,372        

shall give notice of the hearing to all affected parties in the    1,373        

same manner as set forth in the Juvenile Rules.                                 

      (E)  The court, pending the outcome of the adjudicatory and  1,375        

dispositional hearings, shall not issue an order granting          1,376        

temporary custody of a child to a public children services agency  1,377        

or private child placing agency pursuant to this section, unless   1,378        

the court determines and specifically states in the order that     1,379        

the continued residence of the child in the child's current home   1,380        

will be contrary to the child's best interest and welfare and      1,381        

makes the determination and issues the written finding of facts    1,382        

required by section 2151.419 of the Revised Code.                  1,383        

      (F)  Each public children services agency and private child  1,385        

placing agency that receives temporary custody of a child          1,386        

pursuant to this section shall maintain in the child's case        1,387        

record written documentation that it has placed the child, to the  1,388        

extent that it is consistent with the best interest, welfare, and  1,389        

special needs of the child, in the most family-like setting        1,390        

available and in close proximity to the home of the parents,       1,391        

custodian, or guardian of the child.                               1,392        

      (G)  For good cause shown, any court order that is issued    1,394        

pursuant to this section may be reviewed by the court at any time  1,395        

upon motion of any party to the action or upon the motion of the   1,396        

court.                                                             1,397        

      Sec. 2151.49.  In every case of conviction under sections    1,406        

2151.01 to 2151.54 of the Revised Code, where imprisonment is      1,407        

imposed as part of the punishment, the juvenile judge may suspend  1,408        

sentence, before or during commitment, upon such condition as he   1,409        

THE JUVENILE JUDGE imposes.  In the case of conviction for         1,410        

non-support of a child who is receiving aid under Chapter 5107.    1,411        

or 5115. of the Revised Code, if the juvenile judge suspends       1,412        

                                                          34     

                                                                 
sentence on condition that the person make payments for support,   1,413        

the payment shall be made to the county department of human        1,414        

services rather than to the child or custodian of the child.                    

      THE COURT, IN ACCORDANCE WITH SECTION 3113.217 OF THE        1,416        

REVISED CODE, SHALL INCLUDE IN EACH SUPPORT ORDER MADE UNDER THIS  1,417        

SECTION THE REQUIREMENT THAT ONE OR BOTH OF THE PARENTS PROVIDE    1,418        

FOR THE HEALTH CARE NEEDS OF THE CHILD TO THE SATISFACTION OF THE  1,419        

COURT.                                                                          

      Sec. 2301.34.  As used in sections 2301.34 to 2301.42        1,428        

2301.46 of the Revised Code:                                       1,429        

      (A)  "Default" means any failure to pay under a support      1,431        

order that is an amount greater than or equal to the amount of     1,432        

support payable under the support order for one month.             1,433        

      (B)  "Support order" means an order of a court requiring     1,435        

payments PAYMENT OF SUPPORT ISSUED pursuant to section 2151.23,    1,437        

2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,   1,438        

3109.05, 3109.19, 3111.13, 3111.20, 3111.21 3111.211, 3111.22,     1,439        

3113.04, 3113.07, 3113.31, or 3115.22 3115.31 of the Revised       1,440        

Code.                                                              1,441        

      (C)  "Obligor" and "obligee" have the same meaning as in     1,443        

section 3113.21 of the Revised Code.                               1,444        

      Sec. 2301.35.  (A)  Each county shall have a child support   1,453        

enforcement agency.  A government entity designated under this     1,455        

section prior to the effective date of this amendment or a         1,456        

private or government entity designated under section 307.981 of   1,457        

the Revised Code on or after that date may serve as a county's                  

child support enforcement agency.                                  1,458        

      (B)  Each child support enforcement agency shall enter into  1,461        

a plan of cooperation with the board of county commissioners       1,462        

under section 307.983 of the Revised Code and comply with the      1,463        

partnership agreement the board enters into under section 307.98   1,464        

and contracts the board enters into under sections 307.981 and     1,465        

307.982 of the Revised Code that affect the agency.                             

      (C)  The child support enforcement agency for a county is    1,467        

                                                          35     

                                                                 
the local Title IV-D agency for the county and shall operate a     1,468        

program for support enforcement in the county, which program       1,469        

shall comply with Title IV-D of the "Social Security Act," 88      1,470        

Stat. 2351 (1975), 42 U.S.C. 651, as amended, any rules adopted    1,471        

pursuant to that title, and sections 2151.23, 2151.231, 2151.232,  1,472        

2151.33, 2301.34 to 2301.42 2301.46, 3105.18, 3105.21, 3109.05,    1,474        

3109.19, 3111.13, 3111.20, 3111.21 3111.211, 3111.22, 3113.04,     1,476        

3113.21 to 3113.219, 3113.31, and 3115.22 3115.31 of the Revised   1,477        

Code.  Each child support enforcement agency shall be operated     1,479        

under the supervision of the state department of human services    1,480        

in accordance with the program of child support enforcement        1,481        

established pursuant to section 5101.31 of the Revised Code,       1,482        

shall be responsible in the county it serves for the collection    1,483        

ENFORCEMENT of payments due under support orders, and shall        1,485        

perform all administrative duties related to the collection        1,486        

ENFORCEMENT of payments due under any support order.  EXCEPT AS    1,487        

PROVIDED IN DIVISION (H) OF THIS SECTION AND PURSUANT TO SECTIONS  1,488        

2301.38 AND 2301.45 OF THE REVISED CODE, NO CHILD SUPPORT                       

ENFORCEMENT AGENCY SHALL COLLECT ANY SUPPORT AMOUNTS DUE UNDER A   1,489        

SUPPORT ORDER AS PART OF ITS DUTIES TO ENFORCE SUPPORT ORDERS.     1,490        

No child support enforcement agency shall use any social security  1,491        

number made available to it under section 3705.07 of the Revised   1,492        

Code for any purpose other than child support enforcement.  The    1,493        

department shall ensure that all child support enforcement         1,494        

agencies comply with all applicable state and federal support      1,495        

regulations, including the affirmative duties of Title IV-D of     1,496        

the Social Security Act.                                           1,497        

      Each child support enforcement agency may enter into         1,499        

contracts with public agencies and private vendors for the         1,500        

collection of amounts due under support orders, for assistance in  1,501        

establishing paternity or support obligations, or for the          1,502        

performance of other administrative duties of the agency.  Each    1,503        

child support enforcement agency may contract with a collection    1,504        

agent in accordance with section 2301.42 of the Revised Code for   1,505        

                                                          36     

                                                                 
the collection of arrearages described in that section OWED UNDER  1,507        

CHILD SUPPORT ORDERS BEING ADMINISTERED BY THE AGENCY.  Before     1,508        

entering into a contract for the collection of support,            1,509        

assistance in establishing paternity or support obligations, or    1,510        

for other administrative services, OR FOR THE COLLECTION OF        1,511        

ARREARAGES BY A COLLECTION AGENT, a child support enforcement      1,512        

agency shall comply with sections 307.86 to 307.92 of the Revised  1,513        

Code and any rules adopted by the state department of human        1,514        

services pursuant to division (D)(1) of this section.              1,515        

      (D)(1)  The state department of human services shall adopt   1,518        

rules under Chapter 119. of the Revised Code governing the         1,519        

operation of support enforcement by child support enforcement      1,520        

agencies.  The rules shall include, but shall not be limited to,   1,521        

provisions relating to contracts between the agencies and boards   1,522        

of county commissioners entered into under division (B)(1) of      1,523        

this section, requirements for public hearings by the agencies,    1,524        

and provisions for appeals of agency decisions under procedures    1,525        

established by the department.                                                  

      (2)  The state department of human services shall adopt in   1,528        

accordance with Chapter 119. of the Revised Code rules governing   1,529        

the establishment by child support enforcement agencies of         1,530        

on-site genetic testing programs to be used in actions under       1,531        

sections 3111.01 to 3111.19 of the Revised Code and in             1,532        

administrative procedures under sections 3111.20 to 3111.29 of     1,533        

the Revised Code.  The rules shall include, but are not limited    1,534        

to, provisions relating to the environment in which a blood or     1,535        

buccal cell sample may be drawn, the medical personnel who may                  

draw a sample, the trained personnel who may perform the genetic   1,536        

comparison, the types of genetic testing that may be performed on  1,537        

a sample, and the procedure for notifying the court of the         1,538        

location at which the sample will be drawn, who will draw the      1,540        

sample, and who will perform the genetic testing on the sample,    1,541        

and any other procedures or standards the department determines    1,542        

are necessary for the implementation of on-site genetic testing.   1,543        

                                                          37     

                                                                 
      (E)  Each child support enforcement agency designated under  1,545        

this section shall enter into written agreements with the courts,  1,546        

the prosecuting attorney, and law enforcement officials of the     1,547        

county it serves, which agreements shall establish cooperative     1,548        

working arrangements and specify areas of responsibility for the   1,549        

enforcement of support among the agency, courts, and officials.    1,550        

The agreements shall provide for the reimbursement of the courts   1,551        

and law enforcement officials for the responsibilities they        1,552        

assume and actions they undertake pursuant to such agreements.     1,553        

      (F)(1)  Every A child support enforcement agency shall       1,555        

maintain records listing the date a support order was entered,     1,556        

the amount of any payment made under it, the date on which         1,557        

payments are required to be made, the names and addresses of the   1,558        

parties affected by the order, and the current records of          1,559        

payments and disbursements OF SUPPORT ORDERS BEING ADMINISTERED    1,560        

OR OTHERWISE HANDLED BY THE AGENCY PURSUANT TO SECTION 5101.319    1,561        

OF THE REVISED CODE.                                                            

      (2)  Each obligor and each obligee under a support order     1,563        

may review all records maintained under division (F)(1) of this    1,565        

section that pertain to the support order and any other                         

information in any file maintained by the child support            1,566        

enforcement agency, except to the extent prohibited by state or    1,567        

federal law.                                                       1,568        

      (G)(1)  If a A court or administrative agency THAT issues    1,570        

or modifies a support order on or after October 5, 1987,           1,572        

regardless of when the modified support order was issued, the      1,573        

child support enforcement agency of the county shall collect       1,574        

IMPOSE A PROCESSING CHARGE THAT IS the greater of two per cent of  1,576        

the support payment to be collected under a support order or one   1,577        

dollar per month from ON the obligor under the support order.      1,579        

The child support enforcement agency and the court shall enter     1,580        

into an agreement that provides for the application by December    1,581        

31, 1988, of that amount to all support orders issued prior to     1,582        

October 5, 1987, unless the date for the application of that       1,583        

                                                          38     

                                                                 
amount to those orders is extended by mutual agreement between     1,584        

the child support enforcement agency and the court.  The obligor   1,585        

shall pay the amount with every current support payment, and with  1,586        

every payment on arrearages.  If an obligor fails to pay the       1,587        

required amount with each support payment due in increments                     

specified under the support order, the child support enforcement   1,588        

agency shall maintain a separate arrearage account of that amount  1,589        

for that obligor.  The agency shall not deduct the unpaid amount   1,590        

from any support payment due to the obligee in increments          1,591        

specified under the support order.  If an obligor pays the         1,592        

required amount, the child support enforcement agency is not       1,593        

required to apply that payment toward any arrearages under the     1,594        

support payment.  No moneys received by a child support            1,595        

enforcement agency pursuant to this division shall be used for     1,596        

any purpose other than the provision of funds for the              1,597        

administration of its program of support enforcement NO COURT OR   1,598        

AGENCY MAY CALL THE CHARGE A POUNDAGE FEE.                         1,599        

      (2)  The board of county commissioners of each county shall  1,601        

budget and appropriate to the child support enforcement agency     1,602        

serving the county all of the following:                           1,603        

      (a)  Money collected pursuant to division (G)(1) of this     1,605        

section;                                                           1,606        

      (b)  All federal money payable to the county CHILD SUPPORT   1,608        

ENFORCEMENT AGENCY on the basis of its success in collecting       1,610        

overdue support obligations, establishing paternity, and           1,611        

implementing other activities related to child support             1,612        

enforcement under Title IV-D of the Social Security Act;           1,613        

      (c)(b)  Any funds that may be received from other federal    1,615        

or state sources for the child support enforcement agency;         1,616        

      (d)  Notwithstanding any provision of the Revised Code that  1,618        

provides otherwise, all interest earned on moneys in the child     1,619        

support enforcement agency's depository accounts.                  1,620        

      (3)  All moneys received from the federal or state           1,622        

government for reimbursement for support enforcement activities    1,623        

                                                          39     

                                                                 
shall be used solely for support enforcement activities.           1,624        

      (4)  A board of county commissioners may request that the    1,626        

department of human services grant a waiver of the requirement     1,627        

that the money specified in division (G)(2)(b)(a) of this section  1,629        

be budgeted and appropriated to the child support enforcement      1,630        

agency if the board can demonstrate, by meeting criteria           1,631        

established by the department, that the child support enforcement  1,632        

agency is effectively using procedures for establishing            1,633        

paternity, meeting the mandated service needs of clients, and      1,634        

complying with all applicable state and federal support rules and  1,635        

regulations.                                                                    

      (H)(5)  A child support enforcement agency may invest any    1,637        

of the moneys collected pursuant to the performance of its duties  1,638        

under sections 2301.34 to 2301.42 2301.46 of the Revised Code in   1,640        

a repurchase agreement in which a bank agrees to sell short-term   1,641        

federally guaranteed securities with an obligation of the bank to  1,642        

repurchase the securities.  All interest derived pursuant to       1,643        

investments made under this division shall be retained by the      1,644        

child support enforcement agency and used solely for support       1,645        

enforcement activities.                                            1,646        

      (H)(1)  NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED     1,650        

CODE AND EXCEPT AS PROVIDED IN DIVISION (H)(4) OF THIS SECTION, A  1,651        

CHILD SUPPORT ENFORCEMENT AGENCY SHALL COLLECT AND DISBURSE ALL                 

SUPPORT AMOUNTS UNDER A SUPPORT ORDER IT IS ADMINISTERING          1,653        

PURSUANT TO LAW AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS  1,655        

AMENDMENT AND SHALL COLLECT THE ADDITIONAL AMOUNT IMPOSED UNDER    1,656        

DIVISION (G)(1) OF THIS SECTION AS IT EXISTED PRIOR TO THE         1,658        

EFFECTIVE DATE OF THIS AMENDMENT UNTIL THE SUPPORT ORDER IS        1,659        

CONVERTED TO THE AUTOMATED DATA PROCESSING SYSTEM UNDER SECTION    1,660        

5101.322 OF THE REVISED CODE AND THE DIVISION OF CHILD SUPPORT IN  1,662        

THE DEPARTMENT OF HUMAN SERVICES AUTHORIZES CENTRALIZED            1,663        

COLLECTION AND DISBURSEMENT OF SUPPORT AMOUNTS UNDER THE SUPPORT   1,664        

ORDER PURSUANT TO THE RULES ADOPTED UNDER DIVISION (F)(1) OF       1,665        

SECTION 5101.325 OF THE REVISED CODE.  ONCE THE SUPPORT ORDER IS   1,668        

                                                          40     

                                                                 
CONVERTED AND THE DIVISION GIVES THE AUTHORIZATION, THE SUPPORT    1,669        

AMOUNTS AND THE ADDITIONAL AMOUNT SHALL BE COLLECTED, AND THE      1,670        

SUPPORT AMOUNT SHALL BE DISBURSED, UNDER THE SUPPORT ORDER         1,671        

ACCORDING TO THE PROVISIONS OF HOUSE BILL NO. 352 OF THE 122nd     1,672        

GENERAL ASSEMBLY.                                                               

      (2)  NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE   1,675        

AND EXCEPT AS PROVIDED IN DIVISION (H)(4) OF THIS SECTION, THE     1,676        

AGENCY ADMINISTERING THE SUPPORT ORDER SHALL COLLECT THE AMOUNTS   1,677        

PERMITTED TO BE COLLECTED, AND PERFORM OTHER DUTIES REQUIRED,      1,678        

WITH RESPECT TO THE SUPPORT ORDER PURSUANT TO DIVISION (D)(1) OF   1,679        

SECTION 2301.373, DIVISION (B)(3)(a) OF SECTION 2301.374,          1,681        

DIVISIONS (E)(4)(b), (F), AND (I) OF SECTION 3111.23, DIVISION     1,683        

(E) OF SECTION 3111.99, DIVISIONS (G)(4)(b), (H)(3), AND (K) OF    1,685        

SECTION 3113.21, DIVISION (B) OF SECTION 3113.212, DIVISION (E)    1,687        

OF SECTION 3113.99, AND DIVISION (A)(3) OF SECTION 5101.323 OF     1,689        

THE REVISED CODE AS THOSE SECTIONS EXISTED PRIOR TO THE EFFECTIVE  1,691        

DATE OF THIS AMENDMENT, AND THE AGENCY SHALL COLLECT THE AMOUNTS   1,692        

PERMITTED TO BE COLLECTED BY THE DIVISION, AND PERFORM OTHER       1,693        

DUTIES REQUIRED OF THE DIVISION, WITH RESPECT TO THE SUPPORT       1,694        

ORDER PURSUANT TO DIVISION (D)(1)(a) OF SECTION 2301.375 AND       1,695        

DIVISION (D)(2) OF SECTION 2301.43 OF THE REVISED CODE AS THOSE    1,698        

SECTIONS ARE ENACTED BY HOUSE BILL NO. 352 OF THE 122nd GENERAL    1,700        

ASSEMBLY, UNTIL THE SUPPORT ORDER IS CONVERTED AND AUTHORIZATION   1,701        

FOR CENTRALIZED COLLECTION AND DISBURSEMENT IS GIVEN.  ONCE THE    1,702        

SUPPORT ORDER IS CONVERTED AND THE AUTHORIZATION IS GIVEN, THE     1,703        

AMOUNTS SHALL BE COLLECTED, AND THE DUTIES SHALL BE PERFORMED, BY  1,705        

THE DIVISION ACCORDING TO THE PROVISIONS OF HOUSE BILL NO. 352 OF  1,706        

THE 122nd GENERAL ASSEMBLY.                                        1,707        

      (3)  ALL SUPPORT ORDERS SHALL BE CONVERTED AND ALL           1,709        

AUTHORIZATIONS SHALL BE GIVEN BY THE DIVISION PRIOR TO JULY 1,     1,710        

1999.                                                                           

      (4)(a)  AFTER CONVERSION OCCURS AND AUTHORIZATION FOR        1,713        

CENTRALIZED COLLECTION AND DISBURSEMENT IS GRANTED PURSUANT TO     1,714        

THIS SECTION, A CHILD SUPPORT ENFORCEMENT AGENCY MAY CONTINUE TO   1,715        

                                                          41     

                                                                 
COLLECT THE FOLLOWING AMOUNTS FROM OBLIGORS WHO PAY THE AMOUNTS    1,716        

IN PERSON AT THE OFFICE OF THE AGENCY:                                          

      (i)  CURRENT SUPPORT AMOUNTS AND ARREARAGES DUE UNDER A      1,719        

SUPPORT ORDER BEING ADMINISTERED BY THE AGENCY AND THE ADDITIONAL  1,720        

AMOUNT IMPOSED PURSUANT TO DIVISION (G)(1) OF THIS SECTION WITH    1,721        

RESPECT TO THE ORDER;                                              1,722        

      (ii)  AMOUNTS COLLECTED PURSUANT TO DIVISION (D)(1) OF       1,725        

SECTION 2301.373, DIVISIONS (B)(3)(a) AND (C)(3)(a) OF SECTION     1,727        

2301.374, SECTION 2301.375, DIVISION (D)(2) OF SECTION 2301.43,    1,729        

DIVISION (E) OF SECTION 3111.99, DIVISION (E) OF SECTION 3113.99,  1,732        

AND DIVISION (A)(3) OF SECTION 5101.323 OF THE REVISED CODE.       1,734        

      (b)  ALL AMOUNTS COLLECTED PURSUANT TO DIVISION (H)(4)(a)    1,737        

OF THIS SECTION SHALL BE FORWARDED TO THE DIVISION NO LATER THAN   1,738        

ONE DAY AFTER RECEIPT OF THE AMOUNTS.                              1,739        

      (5)  AMOUNTS COLLECTED BY A COLLECTION AGENT THAT HAS A      1,741        

CONTRACT WITH A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT TO       1,742        

DIVISION (C) OF THIS SECTION SHALL BE PAID TO THE DIVISION.  THE   1,744        

AGENCY SHALL FORWARD ANY AMOUNTS COLLECTED PURSUANT TO SECTIONS    1,745        

2301.38 AND 2301.45 OF THE REVISED CODE TO THE DIVISION NO LATER   1,746        

THAN ONE DAY AFTER RECEIPT OF THOSE AMOUNTS.                                    

      (I)(1)  Subject to division (I)(2) of this section, all      1,748        

support orders that are administered by a child support            1,749        

enforcement agency designated under this section and are eligible  1,750        

for Title IV-D services shall be Title IV-D cases under Title      1,751        

IV-D of the "Social Security Act."  Subject to division (I)(2) of  1,752        

this section, all obligees of support orders administered by the   1,753        

child support enforcement agency shall be considered to have       1,754        

filed a signed application for Title IV-D services.                1,755        

      (2)  A court that, on or after July 1, 1990, issues or       1,757        

modifies a support order shall require the obligee under the       1,758        

order to sign, at the time of the issuance or modification of the  1,759        

order, an application for Title IV-D services and to file, as      1,760        

soon as possible, the signed application with the child support    1,761        

enforcement agency that will administer the order.  The            1,762        

                                                          42     

                                                                 
application shall be on a form prescribed by the department of     1,763        

human services.  A support order that is issued or modified on or  1,764        

after July 1, 1990, that is administered by a child support        1,765        

enforcement agency, and that is eligible for Title IV-D services   1,766        

shall be a Title IV-D case under Title IV-D of the "Social         1,767        

Security Act" only upon the filing of the signed application for   1,768        

Title IV-D services.                                               1,769        

      (3)  A child support enforcement agency shall make           1,771        

available an application for Title IV-D services to all persons    1,772        

requesting a child support enforcement agency's assistance in an   1,773        

action under sections 3111.01 to 3111.19 of the Revised Code or    1,774        

in an administrative proceeding brought under sections 3111.20 to  1,775        

3111.29 of the Revised Code.                                       1,776        

      (J)(1)  As used in this section, "current support payment"   1,778        

means the amount of support due an obligee that an obligor is      1,779        

required to pay in a particular payment for the current month as   1,780        

specified in a support order.  "Current support payment" does not  1,781        

include payments on arrearages under the support order.            1,782        

      (2)  As used in the Revised Code, "child support             1,784        

enforcement agency" means the child support enforcement agency     1,785        

designated under this section prior to the effective date of this  1,786        

amendment or a private or government entity designated a child     1,787        

support enforcement agency under section 307.981 of the Revised    1,788        

Code on or after that date.                                                     

      Sec. 2301.353.  (A)(1)(a)  Any consumer reporting agency     1,797        

may contact any child support enforcement agency and request the   1,798        

child support enforcement agency to provide to the consumer        1,799        

reporting agency, in accordance with this section, information as  1,800        

to all persons who have been found by a court to be in default     1,801        

under a support order being administered or otherwise handled by   1,802        

the child support enforcement agency.  If a request of that        1,803        

nature is received by a child support enforcement agency, if the   1,804        

consumer reporting agency pays the requisite fee for the           1,805        

requested information as prescribed pursuant to division (F) of    1,806        

                                                          43     

                                                                 
this section, and if, after complying with divisions (A)(2) and    1,807        

(B) to (D) of this section, the child support enforcement agency   1,808        

is required to provide the requested information with respect to   1,809        

any obligor in default under a support order being administered    1,810        

or otherwise handled by the child support enforcement agency, the  1,811        

child support enforcement agency shall comply with the request of  1,812        

the consumer reporting agency.                                     1,813        

      (b)  After complying with divisions (A)(2) and (B) to (D)    1,815        

of this section, any IF A COURT OR CHILD SUPPORT ENFORCEMENT       1,816        

AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO     1,817        

DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE THAT AN        1,818        

OBLIGOR IS IN DEFAULT UNDER A SUPPORT ORDER, THE child support     1,819        

enforcement agency may ADMINISTERING THE SUPPORT ORDER SHALL       1,820        

contact any AT LEAST ONE consumer reporting agency in the county   1,821        

in which the child support enforcement agency is located, in any   1,824        

other county of this state, or in another state and may provide    1,825        

to the consumer reporting agency information as to persons who     1,826        

have been found by a court to be in default under a support order  1,827        

being administered or otherwise handled by the child support       1,828        

enforcement agency. The administrative head of THE OBLIGOR'S       1,829        

NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFICATION  1,830        

NUMBER AND ANY OTHER IDENTIFYING INFORMATION CONCERNING THE        1,831        

OBLIGOR the child support enforcement agency shall determine, in   1,832        

his discretion and pursuant to division (A)(1)(b) of this          1,833        

section, when any consumer reporting agency will be contacted      1,834        

HAS.  A child support enforcement agency shall not charge a        1,836        

consumer reporting agency a fee for information provided by the    1,837        

child support enforcement agency pursuant to division (A)(1)(b)    1,838        

of this section.                                                                

      (2)  For purposes of this section, each child support        1,840        

enforcement agency periodically shall review its records           1,841        

maintained under section 2301.35 of the Revised Code to determine  1,842        

whether an obligor under any support order being administered or   1,843        

otherwise handled by the agency has been found by a court to be    1,844        

                                                          44     

                                                                 
in default under the support order.                                1,845        

      (B)  If a child support enforcement agency, upon conducting  1,847        

a review of its records under division (A)(2) of this section,     1,848        

determines that an obligor has been found by a court to be in      1,849        

default under a support order being administered or otherwise      1,850        

handled by it, the agency shall send written notice of its         1,851        

determination and the possible consequences to the obligor, by     1,852        

ordinary first class mail, at the most recent address it has for   1,853        

the obligor.  The notice may be incorporated in a notice of        1,854        

default sent to the obligor pursuant to section 3113.21 of the     1,855        

Revised Code or in a notice sent to the obligor pursuant to        1,856        

section 5101.32 or 5101.321 of the Revised Code.  The mailing of   1,857        

the notice shall be evidenced by a certificate of mailing filed    1,858        

with the clerk of the court.  The notice shall indicate all of     1,859        

the following:                                                     1,860        

      (1)  That the records of the child support enforcement       1,862        

agency show that the obligor has been found by a court to be in    1,863        

default under a support order;                                     1,864        

      (2)  The amount of the arrearage allegedly resulting from    1,866        

the default, as shown in the records;                              1,867        

      (3)  That, if he does not wish to contest the records, he    1,870        

must pay the arrearage within fourteen days after his receipt of   1,871        

the notice or either or both of the following may occur:           1,872        

      (a)  The child support enforcement agency, in the            1,874        

discretion of its administrative head, may contact one or more     1,875        

consumer reporting agencies in the county in which the child       1,876        

support enforcement agency is located, in another county of this   1,877        

state, or in another state and inform those agencies that the      1,878        

obligor has been found by a court to be in default under a         1,879        

support order being administered or otherwise handled by the       1,880        

child support enforcement agency.                                  1,881        

      (b)  The child support enforcement agency will inform each   1,883        

consumer reporting agency that requests the information that the   1,884        

obligor has been found by a court to be in default under a         1,885        

                                                          45     

                                                                 
support order being administered or otherwise handled by the       1,886        

child support enforcement agency.                                  1,887        

      (4)  That, if he believes the records are erroneous, he may  1,891        

file, within ten days after his receipt of the notice, a written   1,892        

request with the child support enforcement agency for a hearing    1,893        

to contest the records;                                                         

      (5)  That, if he requests a hearing within the specified     1,896        

time period, a hearing will be conducted, and, if he proves to     1,897        

the child support enforcement agency at the hearing that the       1,898        

amount of arrearage indicated is incorrect or that he actually is  1,900        

not in default under the support order, the agency will modify     1,901        

its records accordingly;                                           1,902        

      (6)  That, if he does not timely request a hearing or        1,905        

timely pay the amount of the arrearage or if he timely requests a  1,907        

hearing but the child support enforcement agency determines at     1,908        

the hearing that the obligor has been found by a court to be in    1,909        

default under a support order and that he is in default under the  1,911        

order, either or both of the following may occur:                  1,912        

      (a)  The child support enforcement agency, in the            1,914        

discretion of its administrative head, may contact one or more     1,915        

consumer reporting agencies in the county in which the child       1,916        

support enforcement agency is located, in another county of this   1,917        

state, or in another state, inform those agencies that the         1,918        

obligor has been found by a court to be in default under a         1,919        

support order being administered or otherwise handled by the       1,920        

child support enforcement agency, and indicate the amount of the   1,921        

arrearage as of that time resulting from the default.              1,922        

      (b)  The child support enforcement agency will inform each   1,924        

consumer reporting agency that requests the information that he    1,925        

has been found by a court to be in default under a support order   1,926        

being administered or otherwise handled by the child support       1,927        

enforcement agency and indicate to that consumer reporting agency  1,928        

the amount of the arrearage as of that time resulting from the     1,929        

default.                                                           1,930        

                                                          46     

                                                                 
      (C)(1)  Upon receipt of a notice pursuant to division (B)    1,932        

of this section, the obligor who is sent the notice, within ten    1,933        

days after his receipt of the notice, may file a request for a     1,934        

hearing to contest the accuracy of the records that are the        1,935        

subject of the notice.  The request shall be filed with the child  1,936        

support enforcement agency that sent the notice to him and shall   1,937        

be made on a form provided by that agency.                         1,938        

      (2)  If an obligor who is sent a written notice under        1,940        

division (B) of this section requests a hearing pursuant to        1,941        

division (C)(1) of this section within ten days after his receipt  1,942        

of the notice, the child support enforcement agency shall          1,943        

schedule a hearing within ten days after the request is made,      1,944        

shall give notice of the date, time, and place of the hearing to   1,945        

the obligor who made the request and to the obligee under the      1,946        

order, and shall conduct the hearing accordingly.  At the          1,947        

hearing, the sole issues to be decided are whether a court         1,948        

determined that the obligor is in default under the related        1,949        

support order, whether the obligor who requested the hearing       1,950        

actually is in default under the related support order and, if he  1,951        

is in default, the amount of the arrearage resulting from the      1,952        

default.  Any interested party may present testimony and other     1,953        

evidence that is relevant to the issues to be decided at the       1,954        

hearing.                                                           1,955        

      If the child support enforcement agency determines by a      1,957        

preponderance of the evidence from the testimony and evidence      1,958        

presented at the hearing that no court has determined that the     1,959        

obligor is in default under the related support order or that the  1,960        

obligor is not in default under the related support order, the     1,961        

agency shall modify its records accordingly and shall not notify   1,962        

pursuant to division (A)(1)(a) or (b) of this section any          1,963        

consumer reporting agency of any default relative to that support  1,964        

order.  If the child support enforcement agency determines at the  1,965        

hearing that a court has determined that the obligor is in         1,966        

default under the related support order and that the obligor       1,967        

                                                          47     

                                                                 
actually is in default under the related support order, it shall   1,968        

issue a written statement that the obligor has been found by a     1,969        

court to be in default under a support order and of the amount of  1,970        

the arrearage as of that time.  The child support enforcement      1,971        

agency shall give each consumer reporting agency that requested    1,972        

information pursuant to division (A)(1)(a) of this section or      1,973        

each consumer reporting agency selected by the administrative      1,974        

head of the child support enforcement agency pursuant to division  1,975        

(A)(1)(b) of this section a copy of the written statement or       1,976        

provide the consumer reporting agency with the information         1,977        

contained in the written statement.  The child support             1,978        

enforcement agency shall notify the obligor of the name, address,  1,979        

and telephone number of each consumer reporting agency to which    1,980        

it gives a copy of the written statement and of each consumer      1,981        

reporting agency to which it provides the information contained    1,982        

in the written statement.                                          1,983        

      (3)  If an obligor who is sent a written notice under        1,985        

division (B) of this section does not request a hearing within     1,986        

ten days after his receipt of the notice but the obligor pays the  1,987        

arrearage under the support order within fourteen days after his   1,988        

receipt of the notice, the child support enforcement agency shall  1,989        

modify its records accordingly and shall not notify pursuant to    1,990        

division (A)(1)(a) or (b) of this section any consumer reporting   1,991        

agency of any default relative to that order.                      1,992        

      (4)(B)  If a child support enforcement agency gives          1,994        

CONTACTS a consumer reporting agency a copy of a written           1,996        

statement that an obligor has been found by a court to be in       1,997        

default under a support order or gives the consumer reporting      1,998        

agency the information contained in the written statement          1,999        

PURSUANT TO DIVISION (A) OF THIS SECTION and if that THE obligor   2,000        

pays the entire arrearage under the support order that is the      2,001        

subject of the statement BASIS FOR THE DETERMINATION OF DEFAULT,   2,002        

both of the following apply:                                       2,003        

      (a)(1)  The obligor may give each consumer reporting agency  2,005        

                                                          48     

                                                                 
that received a copy of the written statement or the information   2,006        

contained in the written statement CONTACTED a written notice      2,007        

that the arrearage specified in the statement has been paid in     2,009        

full and may request the child support enforcement agency to give  2,010        

each consumer reporting agency that received the written           2,011        

statement or information WAS CONTACTED A written confirmation      2,012        

that the arrearage specified in the statement has been paid in     2,014        

full.  The consumer reporting agency shall not record the full     2,015        

payment of the obligor's arrearage until the child support         2,016        

enforcement agency confirms the payment.                           2,017        

      (b)(2)  If the obligor requests the child support            2,019        

enforcement agency to confirm that the arrearage has been paid in  2,020        

full, the child support enforcement agency shall give each         2,021        

consumer reporting agency to which the child support enforcement   2,022        

agency gave the written statement or the information CONTACTED     2,023        

written confirmation that the arrearage that was the subject of    2,024        

the statement has been paid in full.                               2,025        

      (D)  If an obligor who is sent a written notice under        2,027        

division (B) of this section does not request a hearing within     2,028        

ten days after his receipt of the notice and does not timely pay   2,029        

the arrearage, the child support enforcement agency shall not      2,030        

conduct a hearing on the matter, and either or both of the         2,031        

following apply:                                                   2,032        

      (1)  The child support enforcement agency, in the            2,034        

discretion of its administrative head, may contact one or more     2,035        

consumer reporting agencies in the county in which the child       2,036        

support enforcement agency is located, in another county of this   2,037        

state, or in another state and give those agencies one of the      2,038        

following:                                                         2,039        

      (a)  A written statement that its records indicate that the  2,041        

obligor has been found by a court to be in default under a         2,042        

support order being administered or otherwise handled by the       2,043        

child support enforcement agency and of the amount of the          2,044        

arrearage resulting from the default as indicated in the records;  2,045        

                                                          49     

                                                                 
      (b)  The information that would be included in a written     2,047        

statement described in division (D)(1)(a) of this section.         2,048        

      (2)  The child support enforcement agency shall give each    2,050        

consumer reporting agency that requests the information a written  2,051        

statement as described in division (D)(1)(a) of this section or    2,052        

information as described in division (D)(1)(b) of this section.    2,053        

      (E)  A notification to a consumer reporting agency under     2,055        

division (C) or (D) of this section shall include the obligor's    2,056        

name, address, and social security number or other identification  2,057        

number and any other identifying information concerning the        2,058        

obligor that is known by the child support enforcement agency.     2,059        

      (F)  The administrative head of each child support           2,061        

enforcement agency, by rule, may prescribe a reasonable fee that   2,062        

a consumer reporting agency, except as otherwise provided in this  2,063        

division, shall pay upon the making of a request for information   2,064        

pursuant to division (A)(1)(a) of this section.  The fee           2,065        

prescribed under this division shall not exceed the average        2,066        

actual cost experienced by the child support enforcement agency    2,067        

in performing the duties imposed upon it by this section in        2,068        

connection with consumer reporting agencies that make requests     2,069        

for information pursuant to division (A)(1)(a) of this section.    2,070        

A child support enforcement agency may charge the fee only when a  2,071        

consumer reporting agency has made a request for information       2,072        

pursuant to division (A)(1)(a) of this section, the child support  2,073        

enforcement agency is required to provide a notice to the obligor  2,074        

pursuant to division (B) of this section, and the notice is not    2,075        

incorporated in a notice sent to the obligor pursuant to section   2,076        

3113.21, 5101.32, or 5101.321 of the Revised Code.                 2,077        

      (G)(C)  As used in this section, "consumer reporting         2,079        

agency" has the same meaning as in section 5101.311 of the         2,080        

Revised Code.                                                                   

      Sec. 2301.355.  A CHILD SUPPORT ENFORCEMENT AGENCY MAY       2,091        

ESTABLISH A PROGRAM TO INCREASE CHILD SUPPORT COLLECTIONS BY       2,092        

PUBLISHING AND DISTRIBUTING A SERIES OF POSTERS DISPLAYING CHILD   2,093        

                                                          50     

                                                                 
SUPPORT OBLIGORS WHO ARE DELINQUENT IN THEIR SUPPORT PAYMENTS.     2,094        

EACH POSTER SHALL DISPLAY PHOTOGRAPHS OF, AND INFORMATION ABOUT,   2,095        

TEN OBLIGORS WHO ARE LIABLE FOR SUPPORT ARREARAGES AND WHOSE       2,096        

WHEREABOUTS ARE UNKNOWN TO THE AGENCY.  EACH POSTER SHALL LIST A   2,097        

TOLL-FREE TELEPHONE NUMBER THAT MAY BE CALLED TO REPORT            2,098        

INFORMATION REGARDING THE WHEREABOUTS OF ANY OF THE OBLIGORS       2,099        

DISPLAYED ON THE POSTER.  THE AGENCY MAY INCLUDE ANY OTHER         2,100        

INFORMATION ON THE POSTER THAT IT CONSIDERS APPROPRIATE.           2,101        

      THE AGENCY SHALL SELECT OBLIGORS FOR INCLUSION ON A POSTER   2,103        

FROM OBLIGORS THAT MEET THE CRITERIA IN DIVISION (B) OF SECTION    2,104        

5101.323 OF THE REVISED CODE.  THE AGENCY SHALL SEND NOTICE TO     2,106        

EACH OBLIGOR WHOSE NAME IS BEING CONSIDERED FOR DISPLAY ON A       2,107        

POSTER.  THE NOTICE SHALL BE SENT BY REGULAR MAIL TO THE           2,108        

OBLIGOR'S LAST KNOWN ADDRESS AND SHALL INCLUDE THE INFORMATION     2,109        

SPECIFIED IN DIVISION (A)(3) OF SECTION 5101.323 OF THE REVISED    2,112        

CODE.                                                                           

      Sec. 2301.356.  If a child support enforcement agency is     2,121        

made a party to an action brought to establish a parent and child  2,122        

relationship under sections 3111.01 to 3111.19 of the Revised      2,123        

Code and if the court orders the parties to the action to submit   2,124        

to genetic testing or if the natural mother and alleged natural    2,125        

father voluntarily agree to be bound by THE AGENCY ORDERS THE      2,126        

PARTIES TO SUBMIT TO genetic testing under sections 3111.21        2,127        

3111.22 to 3111.29 of the Revised Code, the agency shall provide   2,129        

for collection of samples and performance of genetic testing in    2,130        

accordance with generally accepted medical techniques.  If a       2,131        

court ordered the genetic testing, the agency shall inform the     2,132        

court of the procedures for collecting the samples and performing  2,133        

the genetic tests, in accordance with the rules governing on-site  2,134        

genetic testing adopted by the department of human services        2,135        

pursuant to section 2301.35 of the Revised Code.                   2,136        

      Sec. 2301.357.  (A)  Each child support enforcement agency   2,145        

shall adopt a paternity compliance plan, establish a paternity     2,146        

compliance unit, and submit the adopted plan to the division of    2,147        

                                                          51     

                                                                 
support of the department of human services in accordance with     2,148        

the rules adopted pursuant to section 5101.324 of the Revised      2,149        

Code, except that, if a child support enforcement agency           2,150        

submitted a corrective action plan to the department pursuant to   2,151        

division (B)(1) of section 5101.24 of the Revised Code and if      2,153        

that plan is currently in effect, the agency is not required to    2,154        

comply with this division.                                         2,155        

      (B)  The department of human services shall enter into a     2,157        

contract with the department of health that requires the           2,158        

department of health to enter into a contract with local           2,159        

hospitals for the provision of staff by the hospitals to meet      2,160        

with unmarried women who give birth in or en route to the          2,161        

particular hospital.  The contract between the department of       2,162        

human services and the department of health shall provide for      2,163        

reimbursement to the hospitals for the administrative cost of      2,164        

providing staff to meet the responsibilities set forth in section  2,165        

3727.17 of the Revised Code.  The contract between the department  2,166        

of health and a local hospital shall require all of the            2,167        

following:                                                         2,168        

      (1)  That a THE hospital PROVIDE A staff person TO meet      2,171        

with each unmarried mother who gave birth in or en route to the    2,172        

hospital within twenty-four hours of the birth or before the       2,173        

mother is released from the hospital;                              2,174        

      (2)  That the staff person attempt to meet with the father   2,176        

of the unmarried mother's child if possible;                       2,177        

      (3)  That the staff person explain to the unmarried mother   2,179        

and the father, if he is present, the benefit to the child of      2,180        

establishing a parent and child relationship between the father    2,181        

and the child and the various proper procedures for establishing   2,182        

a parent and child relationship;                                   2,183        

      (4)  That the staff person present to the unmarried mother   2,185        

and, if possible, the father a THE pamphlet or statement           2,186        

regarding the rights and responsibilities of a natural parent      2,188        

that is prepared and provided by the department of human services  2,189        

                                                          52     

                                                                 
PURSUANT TO SECTION 5101.324 OF THE REVISED CODE;                  2,190        

      (5)  That the staff person provide the mother and, if        2,192        

possible, the father, all forms, AND statements, and agreements    2,194        

necessary to voluntarily establish a parent and child              2,195        

relationship, including, but not limited to, the acknowledgment    2,196        

of paternity AFFIDAVIT PREPARED BY THE DEPARTMENT OF HUMAN         2,197        

SERVICES PURSUANT TO SECTION 5101.324 OF THE REVISED CODE AND      2,198        

required by section 2105.18 5101.314 of the Revised Code and the   2,200        

voluntary agreement to be bound by the results of genetic testing  2,201        

described in section 3111.21 of the Revised Code;                               

      (6)  That the staff person, at the request of both the       2,203        

mother and father, help the mother and father complete any form,   2,204        

OR statement, or agreement necessary to establish a parent and     2,206        

child relationship;                                                2,207        

      (7)  THAT THE HOSPITAL PROVIDE A NOTARY PUBLIC TO NOTARIZE   2,209        

AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT SIGNED BY THE MOTHER AND  2,210        

FATHER;                                                            2,211        

      (8)  That the staff person present to an unmarried mother    2,213        

who is not participating in the Ohio works first program           2,214        

established under Chapter 5107. or receiving medical assistance    2,215        

under Chapter 5111. of the Revised Code an application for Title   2,217        

IV-D services;                                                                  

      (8)(9)  That the staff person forward any completed          2,219        

acknowledgment of paternity, NO LATER THAN TEN DAYS AFTER IT IS    2,220        

COMPLETED, to the probate court in the county in which the child   2,222        

or the guardian or legal custodian of the child resides DIVISION   2,223        

OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES;                           

      (10)  THAT THE DEPARTMENT OF HUMAN SERVICES PAY THE          2,225        

HOSPITAL TWENTY DOLLARS FOR EVERY CORRECTLY SIGNED AND NOTARIZED   2,226        

ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT FROM THE HOSPITAL.           2,227        

      ON OR BEFORE APRIL 1, 1998, EACH HOSPITAL SHALL ENTER INTO   2,230        

A CONTRACT WITH THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO THIS  2,231        

SECTION REGARDING THE DUTIES IMPOSED BY THIS SECTION AND SECTION   2,232        

3727.17 OF THE REVISED CODE CONCERNING PATERNITY ESTABLISHMENT.    2,234        

                                                          53     

                                                                 
A HOSPITAL THAT FAILS TO ENTER INTO A CONTRACT SHALL NOT RECEIVE   2,235        

THE FEE FROM THE DEPARTMENT FOR CORRECTLY SIGNED AND NOTARIZED     2,236        

AFFIDAVITS SUBMITTED BY THE HOSPITAL.                              2,237        

      (C)  NOT LATER THAN JULY 1, 1998, AND THE FIRST DAY OF EACH  2,241        

JULY THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES SHALL COMPLETE   2,242        

A REPORT ON THE HOSPITALS THAT HAVE NOT ENTERED INTO CONTRACTS     2,243        

DESCRIBED IN THIS SECTION.  THE DEPARTMENT SHALL SUBMIT THE        2,244        

REPORT TO THE CHAIRPERSON AND RANKING MINORITY MEMBER OF THE       2,245        

COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE WITH         2,246        

PRIMARY RESPONSIBILITY FOR ISSUES CONCERNING PATERNITY             2,247        

ESTABLISHMENT.                                                                  

      (D)  IF THE HOSPITAL KNOWS OR DETERMINES THAT A MAN IS       2,249        

PRESUMED UNDER SECTION 3111.03 OF THE REVISED CODE TO BE THE       2,251        

FATHER OF THE CHILD DESCRIBED IN THIS SECTION, THE HOSPITAL SHALL  2,252        

TAKE NO FURTHER ACTION WITH REGARD TO AN ACKNOWLEDGMENT AND SHALL  2,253        

NOT SEND AN ACKNOWLEDGMENT TO THE DIVISION.                        2,254        

      Sec. 2301.358.  (A)  A child support enforcement agency, in  2,263        

accordance with the rules adopted by the department of human       2,264        

services pursuant to division (B) of this section, shall employ    2,265        

an administrative officer, contract with another entity to         2,266        

provide an administrative officer, or contract with an individual  2,267        

to serve as an administrative officer to issue, in accordance      2,268        

with sections 3111.21 3111.22 to 3111.29 and 3113.215 of the       2,269        

Revised Code, administrative orders determining the existence or   2,271        

nonexistence of a parent and child relationship and requiring the  2,272        

payment of child support, or in accordance with sections 3111.20,  2,273        

3111.23 to 3111.29, and 3113.215 of the Revised Code,              2,274        

administrative orders requiring the payment of child support.      2,276        

      (B)  The department of human services shall adopt rules in   2,278        

accordance with Chapter 119. of the Revised Code regulating        2,279        

administrative officers who issue administrative orders described  2,281        

in division (A) of this section, including, but not limited to:    2,283        

      (1)  The qualifications of the administrative officer;       2,285        

      (2)  Any other procedures, requirements, or standards        2,287        

                                                          54     

                                                                 
necessary for the employment of the administrative officer.        2,288        

      Sec. 2301.36.  (A)  Upon issuing or modifying a support      2,297        

order, issuing any withholding or deduction notice described in    2,298        

division (D) of section 3113.21 of the Revised Code, or issuing a  2,299        

court order described in division (D)(6)(3) or (7)(4) of that      2,301        

section, the court shall require that support payments be made to  2,302        

the DIVISION OF child support enforcement agency of the county IN  2,303        

THE DEPARTMENT OF HUMAN SERVICES as trustee for remittance to the  2,305        

person entitled to receive payments, except as otherwise provided  2,306        

in DIVISION (H) OF SECTION 2301.35 OR sections 2151.49 and         2,307        

3113.07 of the Revised Code.  Any payment of money by the person   2,308        

responsible for the support payments under a support order to the  2,309        

person entitled to receive the support payments that is not made   2,310        

to the child support enforcement agency DIVISION in accordance     2,311        

with the applicable support order shall not be considered as a     2,313        

payment of support and, unless the payment is made to discharge    2,314        

an obligation other than support, shall be deemed to be a gift.    2,315        

Section 329.043 and division DIVISION (C) of section 3113.211 AND  2,316        

SECTION 5101.325 of the Revised Code apply to support payments     2,318        

made to the child support enforcement agency DIVISION.             2,319        

      (B)  Upon issuing or modifying WHEN a support order IS       2,321        

ISSUED OR MODIFIED, issuing any A withholding or deduction notice  2,323        

described in division (D) of section 3113.21 OR DIVISION (B) OF    2,324        

SECTION 3111.23 of the Revised Code IS ISSUED, or issuing a court  2,325        

AN order described in division (D)(6)(3) or (7)(4) of that         2,328        

section 3113.21 OR SECTION 3111.231 OF THE REVISED CODE IS         2,329        

ISSUED, or at any time after the issuance or modification of the   2,330        

SUPPORT order IS ISSUED OR MODIFIED, the court may order the       2,333        

child support enforcement agency DIVISION to, OR THE AGENCY MAY    2,334        

ISSUE AN ORDER REQUIRING THE DIVISION TO, transmit the payments    2,336        

or make them payable to any third person that is either agreed     2,337        

upon by the parties and approved by the court or appointed by the  2,338        

court, WITH RESPECT TO A COURT-ISSUED SUPPORT ORDER, OR IS EITHER  2,339        

AGREED UPON BY THE PARTIES AND APPROVED BY THE AGENCY OR                        

                                                          55     

                                                                 
APPOINTED BY THE AGENCY, WITH RESPECT TO AN ADMINISTRATIVE         2,340        

SUPPORT ORDER.  Third persons include, but are not limited to, a   2,341        

trustee, a custodian, the guardian of the estate of the child,     2,342        

the county department of human services, public children services  2,344        

agency, or any appropriate social agency.                                       

      (C)  Any person named pursuant to division (B) of this       2,346        

section is entitled to receive the support payments.  The court    2,347        

may allow the person to receive a reasonable fee for services      2,348        

rendered pursuant to this section.  The person shall make          2,349        

financial reports in connection with these services at the time    2,350        

and in the manner prescribed by the court or as required by law.   2,351        

      (D)  The parties affected by the support order shall inform  2,353        

the child support enforcement agency of any change of name or      2,354        

address or other change of conditions that may affect the          2,355        

administration of the order.                                       2,356        

      (E)  Any person entitled to receive support payments either  2,358        

personally or on behalf of another person, by reason of any        2,359        

support order that does not direct that payments be made to the    2,360        

child support enforcement agency DIVISION, may apply to the        2,361        

appropriate agency for the administration of the order.  Upon      2,363        

receipt of the application, the agency has the same powers to      2,364        

administer the order as it would have had if the order had been    2,365        

entered under division (A) of this section.  The agency shall      2,366        

notify the obligor by any method of service authorized under the   2,367        

Civil Rules to make all support payments due after service of the  2,368        

notice upon the obligor to the agency DIVISION.  An obligor so     2,370        

notified by a child support enforcement shall make all subsequent  2,371        

payments to the agency DIVISION unless the involved court, upon    2,372        

the obligor's application filed within thirty days after service   2,374        

of the notice upon the obligor, orders the CHILD SUPPORT           2,376        

ENFORCEMENT agency not to administer the support order.            2,377        

      Sec. 2301.37.  (A)  If the records maintained by a child     2,386        

support enforcement agency indicate that an obligor is in          2,388        

default, the agency shall comply with section 3113.21 of the       2,389        

                                                          56     

                                                                 
Revised Code.                                                                   

      (B)  If the court is required to issue a withholding or      2,391        

deduction notice under division (D) of section 3113.21 of the      2,392        

Revised Code or to issue a court order described in division       2,394        

(D)(6)(3) or (7)(4) of that section and fails to do so, if the     2,395        

court issued an order under division (B)(1) of section 3113.21 of  2,396        

the Revised Code, as it existed immediately preceding December 1,  2,397        

1986, or issues a withholding or deduction notice under division   2,398        

(D) of section 3113.21 of the Revised Code or issues a court       2,399        

order described in division (D)(6)(3) or (7)(4) of that section    2,401        

and the court determines that the order, withholding or deduction  2,402        

notice will not ensure payment of the support due under the child  2,403        

support order, or if the obligor fails after the issuance of a     2,404        

notice or court order under section 3113.21 of the Revised Code    2,405        

to comply with the notice or court order, the court shall notify   2,406        

the child support enforcement agency, and the agency shall notify  2,407        

the obligee of the default, of the obligee's rights and remedies,  2,408        

and that the child support enforcement agency is the agency        2,409        

responsible in the county for enforcing support orders under       2,411        

section 2301.35 of the Revised Code, Title IV-D of the "Social     2,412        

Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,     2,413        

and section 5101.31 of the Revised Code.  The notice shall         2,414        

contain a printed explanation of the provisions of sections        2,415        

2301.37 to 2301.40 and 3113.21 of the Revised Code.                             

      (C)  No child support enforcement agency, solely because     2,417        

the support due under a support order has not been paid or has     2,418        

not been paid periodically or recently, shall consider, list, or   2,419        

otherwise administer the support order or the case pertaining to   2,420        

it as if either were closed or close the files or the case         2,421        

pertaining to the support order.  The department of human          2,422        

services shall adopt, revise, or amend rules under Chapter 119.    2,423        

of the Revised Code to assist in the implementation of this        2,424        

division.                                                          2,425        

      Sec. 2301.371.  (A)  If a child support enforcement agency   2,434        

                                                          57     

                                                                 
discovers pursuant to an investigation conducted under section     2,435        

2301.37 of the Revised Code that an obligor under a child support  2,436        

order that it is administering may be receiving unemployment       2,437        

compensation benefits or if a child support enforcement agency     2,438        

receives notice or otherwise discovers that an obligor under a     2,439        

child support order may be receiving unemployment compensation     2,440        

benefits, the agency promptly shall conduct an investigation to    2,441        

determine whether the obligor is receiving unemployment            2,442        

compensation benefits and to determine the amount of the           2,443        

benefits.  The investigation shall be completed within ten days    2,444        

of the agency's discovery or receipt of the notice.                2,445        

      (B)  Upon completion of an investigation conducted under     2,447        

division (A) of this section, the agency immediately shall file    2,448        

its findings with the appropriate court, and, if its findings      2,449        

indicate THE AGENCY FINDS that the obligor is receiving            2,450        

unemployment compensation benefits, it shall prepare a proposed    2,452        

order to, IN ACCORDANCE WITH SECTIONS 3111.20 TO 3111.28 AND       2,453        

3113.21 TO 3113.219 OF THE REVISED CODE, DIVISION (D)(4) OF        2,455        

SECTION 4141.28 OF THE REVISED CODE, AND FEDERAL LAW GOVERNING                  

THE BUREAU OF EMPLOYMENT SERVICES, NOTIFY THE BUREAU OF            2,456        

EMPLOYMENT SERVICES TO WITHHOLD OR deduct an amount from the       2,458        

unemployment compensation benefits for purposes of TO PAY child    2,459        

support OBLIGATIONS.  The agency shall file a copy of the          2,460        

proposed deduction order with the appropriate court, immediately   2,461        

shall send a copy of its findings and a copy of the proposed       2,462        

order to the obligee under the child support order, and            2,463        

immediately shall send all of the following to the obligor under   2,464        

the child support order:                                                        

      (1)  A copy of its findings;                                 2,466        

      (2)  A copy of the proposed order to deduct an amount from   2,468        

the unemployment compensation benefits of the obligor for          2,469        

purposes of child support, together with a copy of the guideline   2,470        

worksheets used in preparing the proposed order;                   2,471        

      (3)  A notice that contains the date on which the notice is  2,473        

                                                          58     

                                                                 
sent and contains a statement that the amount to be deducted       2,474        

under the proposed order does not exceed the amount permitted to   2,475        

be deducted under section 303(b) of the "Consumer Credit           2,476        

Protection Act," 15 U.S.C. 1673(b);                                2,477        

      (4)  A conspicuous notice that the obligor may contest the   2,479        

entering of an order to deduct an amount from the obligor's        2,480        

unemployment compensation benefits for purposes of child support   2,481        

by filing with the agency, within ten days after the date on       2,482        

which the notice was sent to the obligor under division (B)(3) of  2,483        

this section as indicated in that notice, a written request that   2,484        

the agency hold an administrative hearing to determine whether,    2,485        

because of a mistake in fact, the entering of the order to deduct  2,486        

an amount from the unemployment compensation benefits of the       2,487        

obligor for purposes of child support would not be proper;         2,488        

      (5)  A notice that, if the obligor does not timely request   2,490        

a hearing in accordance with the provisions of division (B)(4) of  2,491        

this section and if the court concurs with the findings of fact    2,492        

of the agency, an order for the deduction of an amount from the    2,493        

obligor's unemployment compensation benefits for purposes of       2,494        

child support that is the same as the proposed order to deduct an  2,495        

amount from the unemployment compensation benefits for that        2,496        

purpose will be issued and that the amount stated in the order     2,497        

will be deducted from the unemployment compensation benefits of    2,498        

the obligor for purposes of child support.                         2,499        

      (C)(1)  Upon receipt of a notice under division (B) of this  2,501        

section, an obligor, within ten days after the date on which the   2,502        

notice was sent to him, may file with the child support            2,503        

enforcement agency that sent the notice a written request that     2,504        

the agency hold an administrative hearing to determine whether,    2,505        

because of a mistake in fact, the entering of an order to deduct   2,506        

an amount from the unemployment compensation benefits of the       2,507        

obligor for purposes of child support would not be proper.         2,508        

      (2)  If an obligor who is sent a notice under division (B)   2,510        

of this section does not timely file a written request for a       2,511        

                                                          59     

                                                                 
hearing in accordance with division (C)(1) of this section, the    2,512        

child support enforcement agency immediately shall notify the      2,513        

court to which it sent its findings of fact and the proposed       2,514        

deduction order that no request for a hearing was timely filed.    2,515        

Upon receipt of the notice, if the court concurs in the findings   2,516        

of fact of the agency, it immediately shall issue an order for     2,517        

the deduction of an amount from the obligor's unemployment         2,518        

compensation benefits for purposes of child support that           2,519        

corresponds to the proposed deduction order sent to it by the      2,520        

agency.                                                            2,521        

      (3)  If an obligor who is sent a notice under division (B)   2,523        

of this section timely files a written request for a hearing in    2,524        

accordance with division (C)(1) of this section, the child         2,525        

support enforcement agency shall conduct an administrative         2,526        

hearing in accordance with this division.  Upon the timely filing  2,527        

of the request, the agency immediately shall notify the court to   2,528        

which it sent its findings of fact and the copy of the proposed    2,529        

deduction order that the request was filed and shall conduct an    2,530        

administrative hearing on the request as soon as possible, but no  2,531        

later than ten days, after the request is filed.  The hearing      2,532        

shall be limited to a determination of whether, because of a       2,533        

mistake in fact, the entering of an order to deduct an amount      2,534        

from the unemployment compensation benefits of the obligor for     2,535        

purposes of child support would not be proper.  The obligor and    2,536        

the obligee shall be sent written notice of the date, time,        2,537        

place, and purpose of the hearing, no later than five days before  2,538        

the date on which it is to be conducted, and the notice to the     2,539        

obligor shall indicate that the obligor may present testimony and  2,540        

evidence as to whether, because of a mistake in fact, the          2,541        

entering of an order to deduct an amount from the unemployment     2,542        

compensation benefits of the obligor for purposes of child         2,543        

support would not be proper.                                       2,544        

      Upon completion of a hearing conducted under this division,  2,546        

the agency shall notify the court and the obligor of its           2,547        

                                                          60     

                                                                 
determination.  If the determination indicates that, because of a  2,548        

mistake in fact, the entering of an order to deduct an amount      2,549        

from the unemployment compensation benefits of the obligor would   2,550        

not be proper, the court shall not issue an order requiring a      2,551        

deduction of an amount from the unemployment compensation          2,552        

benefits of the obligor.  If the determination does not so         2,553        

indicate, the determination also shall notify the obligor that,    2,554        

within ten days after the date on which the determination is       2,555        

issued, he may file a written request for a court hearing on the   2,556        

determination.                                                     2,557        

      (D)(1)  Upon receipt of a determination under division       2,559        

(C)(3) of this section that includes a notice informing him of     2,560        

his right to receive a court hearing, an obligor, within ten days  2,561        

after the date on which the determination was issued, may file     2,562        

with the court a written request for a court hearing on the        2,563        

determination.                                                     2,564        

      (2)  If an obligor who receives a determination under        2,566        

division (C)(3) of this section that includes a notice informing   2,567        

him of his right to receive a court hearing does not timely file   2,568        

a written request for a court hearing on the determination, in     2,569        

accordance with division (D)(1) of this section, the court, if it  2,570        

concurs in the findings of fact and determination of the agency,   2,571        

immediately shall issue an order for the deduction of an amount    2,572        

from the obligor's unemployment compensation benefits for          2,573        

purposes of child support that corresponds to the proposed         2,574        

deduction order sent to it by the agency.                          2,575        

      (3)  If an obligor who receives a determination under        2,577        

division (C)(3) of this section that includes a notice informing   2,578        

him of his right to receive a court hearing timely files a         2,579        

written request for a court hearing on the determination, in       2,580        

accordance with division (D)(1) of this section, the court shall   2,581        

hold a hearing on the request as soon as possible, but no later    2,582        

than five days, after the request is filed.  The hearing shall be  2,583        

limited to a determination of whether, because of a mistake in     2,584        

                                                          61     

                                                                 
fact, the entering of an order to deduct an amount from the        2,585        

unemployment compensation benefits of the obligor for purposes of  2,586        

child support would not be proper and the amount to be deducted    2,587        

from the benefits.                                                 2,588        

      If, at the hearing, the court concurs with the findings of   2,590        

fact and the determination sent to it by the child support         2,591        

enforcement agency under division (B) of this section, the court   2,592        

shall issue an order for the deduction of an amount from the       2,593        

unemployment compensation benefits of the obligor for purposes of  2,594        

child support that corresponds to the proposed deduction order     2,595        

sent to it by the agency.                                          2,596        

      If, at the hearing, the court detects a mistake in fact in   2,598        

the findings or determination sent to it by the agency, discovers  2,599        

other irregularities in the findings or determination of the       2,600        

agency, or determines that the findings or determination of the    2,601        

agency are not sufficiently complete to enable the court to issue  2,602        

an order, the court shall return the findings and determination    2,603        

to the agency, notify the agency of the mistake in fact,           2,604        

irregularities, or incompleteness, and order the agency to         2,605        

correct the findings and determination and, as soon as possible,   2,606        

return them as corrected, together with a new proposed order of    2,607        

the type described in division (B) of this section, to the court.  2,608        

Immediately upon the filing of the corrected findings and          2,609        

determination and the new proposed order, the court shall issue    2,610        

an order requiring the deduction of an amount from the             2,611        

unemployment compensation benefits of the obligor for purposes of  2,612        

child support, if it determines that the order is appropriate, or  2,613        

shall decline to issue an order requiring the deduction of an      2,614        

amount from the obligor's unemployment compensation benefits, if   2,615        

it determines that its issuance would not be appropriate THE       2,617        

AGENCY MAY NOT IMPOSE THE PROCESSING CHARGE PURSUANT TO DIVISION                

(G)(1) OF SECTION 2301.35 OF THE REVISED CODE WITH RESPECT TO      2,618        

AMOUNTS WITHHELD OR DEDUCTED FROM UNEMPLOYMENT COMPENSATION        2,619        

PURSUANT TO THIS SECTION.                                                       

                                                          62     

                                                                 
      (C)  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN   2,621        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT      2,622        

THIS SECTION, WHICH RULES SHALL BE CONSISTENT WITH DIVISION        2,623        

(D)(4) OF SECTION 4141.28 OF THE REVISED CODE AND FEDERAL LAW      2,624        

GOVERNING THE BUREAU OF EMPLOYMENT SERVICES.                                    

      Sec. 2301.373.  (A)(1)  As used in this section and in       2,633        

section SECTIONS 2301.374 AND 2301.375 of the Revised Code,        2,636        

"child support order" means any order issued for the support of a  2,637        

child pursuant to Chapter 3115. or section 2151.23, 2151.231,      2,638        

2151.232, 2151.36, 2151.49, 3105.21, 3109.05, 3111.13, 3111.20,    2,639        

3111.21 3111.211, 3111.22, 3113.04, 3113.07, 3113.216, or 3113.31  2,640        

of the Revised Code.                                                            

      (2)  As used in this section:                                2,642        

      (a)  "Board" means any entity that has the authority         2,644        

pursuant to Title XLVII of the Revised Code to issue a license,    2,645        

and any other agency of this state, other than the supreme court,  2,646        

that has the authority to issue a license that authorizes an       2,647        

individual to engage in an occupation or profession.  "Board"      2,648        

includes an administrative officer that has authority to issue a   2,649        

license that authorizes an individual to engage in an occupation   2,650        

or profession.                                                                  

      (b)  "License" includes a license, certificate, permit,      2,652        

registration, or other authorization to engage in an occupation    2,653        

or profession.                                                     2,654        

      (c)  "OBLIGOR" MEANS AN INDIVIDUAL REQUIRED TO PAY SUPPORT   2,656        

UNDER A CHILD SUPPORT ORDER.                                       2,657        

      (B)(1)  If a court or child support enforcement agency       2,659        

makes a final and enforceable determination pursuant to division   2,660        

(B) of section 3113.21 of the Revised Code that an individual is   2,661        

in default under a child support order, the agency administering   2,663        

or handling the child support order may determine whether the      2,664        

individual holds a license issued by a board to engage in an       2,665        

occupation or profession or, if possible, whether the individual   2,667        

has applied for, or is likely to apply for, such a license.  If    2,669        

                                                          63     

                                                                 
the agency determines that the individual is a license holder,                  

has applied for, or is likely to apply for a license, it shall     2,670        

send to the individual the notice specified in division (C) of     2,672        

this section.  The agency also may send a notice to the board      2,673        

that gives the name and social security number or other            2,674        

identifying number of the individual and states that a court or    2,675        

agency has determined the individual to be in default under a      2,676        

child support order.                                               2,677        

      (2)  IF AN OBLIGOR FAILS, AFTER RECEIVING APPROPRIATE        2,680        

NOTICE, TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT   2,681        

OR A CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A            2,682        

PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER, THE AGENCY            2,683        

ADMINISTERING OR HANDLING THE CHILD SUPPORT ORDER MAY DETERMINE    2,684        

WHETHER THE OBLIGOR HOLDS A LICENSE OR, IF POSSIBLE, WHETHER THE   2,686        

OBLIGOR HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR, A LICENSE.     2,687        

IF THE AGENCY DETERMINES THAT THE OBLIGOR IS A LICENSE HOLDER,     2,688        

HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR A LICENSE, IT SHALL     2,689        

SEND THE OBLIGOR THE NOTICE SPECIFIED IN DIVISION (C) OF THIS      2,690        

SECTION.  THE AGENCY MAY ALSO SEND A NOTICE TO THE BOARD THAT      2,691        

GIVES THE NAME AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING     2,692        

NUMBER OF THE OBLIGOR AND STATES THAT THE OBLIGOR HAS FAILED TO    2,693        

COMPLY WITH A WARRANT OR SUBPOENA ISSUED BY A COURT OR CHILD       2,694        

SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING TO         2,695        

ENFORCE A CHILD SUPPORT ORDER.                                     2,696        

      (C)  Notice shall be sent to the individual described in     2,699        

division (B) of this section by first class mail IN COMPLIANCE                  

WITH DIVISION (G)(1) OF SECTION 3113.21 OF THE REVISED CODE.  The  2,700        

notice shall specify that a court or agency has determined the     2,701        

individual to be in default under a child support order OR THAT    2,702        

THE INDIVIDUAL IS AN OBLIGOR WHO HAS FAILED TO COMPLY WITH A       2,703        

SUBPOENA OR WARRANT ISSUED BY A COURT OR AGENCY WITH RESPECT TO A  2,704        

PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER, that a notice         2,705        

containing the individual's name and social security number or     2,707        

other identification number may be sent under division (B) of      2,708        

                                                          64     

                                                                 
this section to every board that has authority to issue or has     2,709        

issued the individual a license, and that, if the board receives   2,710        

that notice and determines that the individual is the individual   2,712        

named in that notice and the board has not received notice under   2,713        

division (D) of this section, all of the following will occur:     2,714        

      (1)  The board will not issue any license to the individual  2,716        

or renew any license of the individual;                            2,717        

      (2)  The board will suspend any license of the individual    2,719        

if it determines that the individual is the individual named in    2,720        

the notice sent to the board under division (B) of this section;   2,722        

      (3)  If the individual is the individual named in the        2,724        

notice, the board will not issue any license to the individual,    2,726        

and will not reinstate a suspended license, until the board        2,727        

receives a notice under division (D) of this section.              2,728        

      (D)(1)  An agency that sent a notice to a board under        2,731        

division (B)(1) of this section shall send to each board to which  2,732        

it sent the notice a further notice that the individual is not in  2,733        

default under a child support order if it determines that the      2,734        

individual is not in default or any of the following occurs:       2,735        

      (1)(a)  The individual makes full payment to the agency      2,737        

DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR,  2,739        

PURSUANT TO DIVISION (H)(4) OF SECTION 2301.35 OF THE REVISED      2,740        

CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY of the arrearage that   2,743        

was the basis for the court or agency determination that the                    

individual was in default;                                         2,744        

      (2)(b)  An appropriate withholding or deduction notice or    2,746        

other appropriate order has been issued pursuant to section        2,748        

3113.21 of the Revised Code to collect current support and any     2,749        

arrearage due under the child support order that was in default    2,750        

and the individual is complying with the notice or order;          2,751        

      (3)(c)  A new child support order has been issued or the     2,753        

child support order that was in default has been modified as       2,755        

provided under sections 3113.21 to 3113.219 of the Revised Code    2,756        

to collect current support and any arrearage due under the child   2,757        

                                                          65     

                                                                 
support order that was in default and the individual is complying  2,758        

with the new or modified child support order.                      2,759        

      The agency shall send the notice under this division not     2,761        

later than seven days after the agency determines the individual   2,762        

is not in default or that any of the circumstances specified in    2,763        

division (D)(1), (2), or (3)(a), (b), OR (c) of this section has   2,765        

occurred.                                                                       

      (2)  AN AGENCY THAT SENT A NOTICE TO A BOARD UNDER DIVISION  2,768        

(B)(2) OF THIS SECTION SHALL SEND TO EACH BOARD TO WHICH IT SENT   2,769        

THE NOTICE A FURTHER NOTICE THAT THE OBLIGOR IS NO LONGER OUT OF   2,770        

COMPLIANCE IF THE COURT OR AGENCY THAT ISSUED THE WARRANT OR       2,771        

SUBPOENA REMOVES THE WARRANT OR DETERMINES THAT THE OBLIGOR HAS    2,772        

COMPLIED WITH THE SUBPOENA.                                        2,773        

      THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT     2,775        

LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF   2,776        

THE CIRCUMSTANCES SPECIFIED IN DIVISION (D)(2) HAS OCCURRED.       2,778        

      (E)(1)  A BOARD SHALL REQUIRE EACH APPLICATION FOR A         2,780        

LICENSE, OR RENEWAL OF A LICENSE, ISSUED BY THE BOARD TO INCLUDE   2,781        

THE APPLICANT'S SOCIAL SECURITY NUMBER.                            2,782        

      (2)  On receipt of a notice pursuant to division (B) of      2,785        

this section, a board shall determine whether the individual       2,786        

named in the notice holds or has applied for a license from the    2,787        

board.  If the board determines that the individual holds or has   2,789        

applied for a license and the individual is the individual named   2,790        

in the notice and does not receive a notice pursuant to division   2,791        

(D) of this section, the board may not issue a license to the      2,792        

individual, may not renew a license issued to the individual, and  2,793        

shall suspend any license issued to the individual.                             

      (2)(3)  The board shall maintain a file containing each      2,795        

notice it receives pursuant to division (B) of this section that   2,797        

names an individual who does not hold a license issued by the      2,798        

board.  On receipt of an application for a license from such an    2,799        

individual, the board shall proceed in accordance with division    2,800        

(E)(1)(2) of this section.                                                      

                                                          66     

                                                                 
      (3)(4)  Not later than seven days after receipt of a notice  2,802        

pursuant to division (D) of this section, the board shall, if the  2,805        

individual is otherwise eligible for the license and wants the     2,806        

license, issue a license to or renew a license of the individual,  2,807        

or if the individual's license was suspended pursuant to division  2,808        

(E)(1)(2) of this section, end the suspension.  The board may      2,810        

charge a fee of not more than fifty dollars to issue or renew or   2,811        

end the suspension of a license pursuant to this division.                      

      (4)(5)  Notwithstanding section 119.06 of the Revised Code,  2,814        

the board shall not hold any hearing in connection with an order   2,815        

refusing to issue or renew a license for, or suspending a license  2,816        

of, an individual pursuant to this section.                        2,817        

      (F)  The department of human services may adopt rules in     2,819        

accordance with Chapter 119. of the Revised Code to implement      2,820        

this section.                                                                   

      Sec. 2301.374.  (A)  The director of human services shall    2,829        

specify a date for the purposes of this section, which shall be    2,831        

the later of the date the support enforcement tracking system is   2,832        

expected to be operational in all the counties of the state, or    2,833        

the date that is six months after the effective date of this       2,834        

section NOVEMBER 15, 1997.                                                      

      (B)(1)(a)  If a court or child support enforcement agency    2,837        

makes a final and enforceable determination pursuant to division                

(B) of section 3113.21 of the Revised Code prior to the date       2,838        

specified under division (A) of this section that an individual    2,839        

is in default under a child support order, the agency              2,840        

administering or handling the child support order may determine    2,842        

whether the individual holds a commercial driver's license or      2,843        

commercial driver's temporary instruction permit issued by the     2,844        

registrar of motor vehicles or a deputy registrar or, if           2,845        

possible, whether the individual has applied, or is likely to      2,846        

apply, for such a license or permit.  If the agency determines     2,847        

that the individual holds, has applied for, or is likely to apply  2,848        

for, such a license or permit, it shall send the individual the    2,849        

                                                          67     

                                                                 
notice specified in division (B)(2) of this section.  The agency   2,850        

also may send a notice to the registrar that gives the name and    2,852        

social security number or other identifying number of the                       

individual and states that a court or agency has determined the    2,853        

individual to be in default under a child support order.           2,854        

      (b)  IF AN INDIVIDUAL REQUIRED TO PAY SUPPORT UNDER A CHILD  2,857        

SUPPORT ORDER PRIOR TO THE DATE SPECIFIED IN DIVISION (A) OF THIS  2,858        

SECTION FAILS, AFTER RECEIVING APPROPRIATE NOTICE, TO COMPLY WITH  2,859        

A SUBPOENA OR WARRANT ISSUED BY THE COURT OR A CHILD SUPPORT       2,860        

ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A       2,861        

CHILD SUPPORT ORDER, THE AGENCY ADMINISTERING THE CHILD SUPPORT    2,862        

ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A COMMERCIAL      2,863        

DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION      2,864        

PERMIT ISSUED BY THE REGISTRAR OF MOTOR VEHICLES OR A DEPUTY       2,865        

REGISTRAR OR, IF POSSIBLE, WHETHER THE INDIVIDUAL HAS APPLIED, OR  2,866        

IS LIKELY TO APPLY, FOR SUCH A LICENSE OR PERMIT.  IF THE AGENCY   2,867        

DETERMINES THAT THE INDIVIDUAL HOLDS, HAS APPLIED FOR, OR IS       2,868        

LIKELY TO APPLY FOR, SUCH A LICENSE OR PERMIT, IT SHALL SEND THE   2,869        

INDIVIDUAL THE NOTICE SPECIFIED IN DIVISION (B)(2) OF THIS         2,871        

SECTION.  THE AGENCY MAY ALSO SEND A NOTICE TO THE REGISTRAR OF    2,872        

MOTOR VEHICLES THAT GIVES THE NAME AND SOCIAL SECURITY NUMBER OR   2,873        

OTHER IDENTIFYING NUMBER OF THE INDIVIDUAL AND STATES THAT THE     2,874        

INDIVIDUAL HAS FAILED TO COMPLY WITH A WARRANT OR SUBPOENA ISSUED  2,875        

BY A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A   2,876        

PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER.                       2,877        

      (2)  Notice shall be sent to the individual described in     2,880        

division (B)(1) of this section by first class mail IN COMPLIANCE  2,881        

WITH DIVISION (G)(1) OF SECTION 3113.21 OF THE REVISED CODE.  The  2,882        

notice shall specify that a court or agency has determined the     2,884        

individual to be in default under a child support order OR THAT    2,885        

THE INDIVIDUAL IS AN OBLIGOR UNDER A CHILD SUPPORT ORDER WHO HAS   2,886        

FAILED TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY A COURT OR   2,887        

AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT     2,888        

ORDER, that a notice containing the individual's name and social   2,889        

                                                          68     

                                                                 
security number or other identification number may be sent under   2,890        

division (B)(1) of this section to the registrar, and that, if     2,892        

the registrar receives that notice and determines that the                      

individual is the individual named in that notice and the          2,893        

registrar has not received notice under division (B)(3) of this    2,895        

section, all of the following will occur:                                       

      (a)  The registrar and all deputy registrars will be         2,898        

prohibited from issuing to, or renewing for, the individual a      2,899        

commercial driver's license or commercial driver's temporary                    

instruction permit;                                                2,900        

      (b)  If the individual holds a commercial driver's license   2,902        

or commercial driver's temporary instruction permit, the           2,903        

registrar will impose a disqualification as defined in section     2,904        

4506.01 of the Revised Code with respect to the license or permit  2,906        

if the registrar determines that the individual is the individual  2,907        

named in the notice sent pursuant to division (B)(1) of this       2,908        

section;                                                                        

      (c)  If the individual is the individual named in the        2,910        

notice, the individual will not be issued, and the                 2,911        

disqualification will not be removed with respect to, any license  2,912        

or permit listed in division (B)(2) of this section until the      2,913        

registrar receives a notice under division (B)(3) of this          2,914        

section.                                                           2,915        

      (3)(a)  An agency that sent a notice under division          2,918        

(B)(1)(a) of this section shall send to the registrar a notice     2,920        

that the individual is not in default under a child support order  2,921        

if it determines that the individual is not in default or any of   2,922        

the following occurs:                                                           

      (a)(i)  The individual makes full payment to the agency      2,924        

DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR,  2,926        

PURSUANT TO DIVISION (H)(4) OF SECTION 2301.35 OF THE REVISED      2,927        

CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY of the arrearage that   2,929        

was the basis for the court or agency determination that the                    

individual was in default;                                         2,930        

                                                          69     

                                                                 
      (b)(ii)  An appropriate withholding or deduction notice or   2,932        

other appropriate order has been issued pursuant to section        2,935        

3113.21 of the Revised Code to collect current support and any     2,936        

arrearage due under the child support order that was in default    2,937        

and the individual is complying with the notice or order;          2,938        

      (c)(iii)  A new child support order has been issued or the   2,940        

child support order that was in default has been modified as       2,942        

provided under sections 3113.21 to 3113.219 of the Revised Code    2,943        

to collect current support and any arrearage due under the child   2,944        

support order that was in default and the individual is complying  2,945        

with the new or modified child support order.                      2,946        

      The agency shall send the notice under this division not     2,948        

later than seven days after it determines the individual is not    2,950        

in default or that any of the circumstances specified in division  2,951        

(B)(3)(a) of this section has occurred.                            2,954        

      (b)  AN AGENCY THAT SENT A NOTICE UNDER DIVISION (B)(1)(b)   2,957        

OF THIS SECTION SHALL SEND TO THE REGISTRAR A NOTICE THAT THE      2,959        

INDIVIDUAL IS NO LONGER OUT OF COMPLIANCE IF THE COURT OR AGENCY   2,960        

THAT ISSUED THE WARRANT OR SUBPOENA REMOVES THE WARRANT OR         2,961        

DETERMINES THAT THE INDIVIDUAL HAS COMPLIED WITH THE SUBPOENA.     2,962        

      THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT     2,964        

LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF   2,966        

THE CIRCUMSTANCES SPECIFIED IN DIVISION (B)(3)(b) HAS OCCURRED.    2,968        

      (4)(a)  On receipt of a notice pursuant to division (B)(1)   2,971        

of this section, the registrar shall determine whether the         2,972        

individual named in the notice holds or has applied for a          2,973        

commercial driver's license or commercial driver's temporary       2,974        

instruction permit.  If the registrar determines that the          2,975        

individual holds or has applied for a license or permit and the    2,976        

individual is the individual named in the notice and does not      2,977        

receive a notice pursuant to division (B)(3) of this section, the  2,978        

registrar immediately shall provide notice of the determination    2,980        

to each deputy registrar.  The registrar or a deputy registrar     2,981        

may not issue to the individual and may not renew for the                       

                                                          70     

                                                                 
individual a commercial driver's license or commercial driver's    2,982        

temporary instruction permit and the registrar shall impose a      2,983        

disqualification on the individual with respect to the license or  2,985        

permit held by the individual.                                                  

      (b)  The registrar shall maintain a list of names of         2,987        

individuals identified in notices sent to the registrar pursuant   2,989        

to division (B)(1) of this section that do not hold a commercial   2,990        

driver's license or commercial driver's temporary instruction      2,991        

permit.  The registrar shall update the list quarterly and         2,992        

provide each deputy registrar with a copy.  On receipt of an                    

application for such a license or permit from an individual who    2,993        

appears on the list, a deputy registrar shall notify the           2,994        

registrar.  On receipt of an application for such a license or     2,995        

permit from such an individual or on receipt of a notice from a    2,996        

deputy registrar pursuant to division (B)(4)(b) of this section,   2,997        

the registrar shall proceed in accordance with division (B)(4)(a)  2,999        

of this section.                                                   3,000        

      (c)  Not later than seven days after receipt of a notice     3,002        

pursuant to division (B)(3) of this section, the registrar shall   3,005        

notify each deputy registrar of the notice.  The registrar and     3,007        

each deputy registrar shall then, if the individual otherwise is                

eligible for the license or permit and wants the license or        3,008        

permit, issue a license or permit to, or renew a license or        3,010        

permit of, the individual, or, if a disqualification was imposed   3,011        

on the individual with respect to the individual's license or      3,012        

permit pursuant to division (B)(4)(a) of this section, remove the  3,014        

disqualification.  The registrar or a deputy registrar may charge  3,015        

a fee of not more than twenty-five dollars for issuing or          3,016        

renewing a license or permit for an individual or removing the     3,017        

disqualification imposed on the individual's license or permit     3,018        

pursuant to this division.                                                      

      (d)  Notwithstanding section 119.06 of the Revised Code,     3,021        

the registrar shall not hold any hearing in connection with an     3,022        

order refusing to issue or renew a license or permit for, or       3,023        

                                                          71     

                                                                 
imposing a disqualification with respect to a license or permit    3,024        

of, an individual pursuant to this section.                                     

      (C)(1)(a)  If a court or child support enforcement agency    3,027        

makes a final and enforceable determination pursuant to division                

(B) of section 3113.21 of the Revised Code on or after the date    3,028        

specified under division (A) of this section that an individual    3,030        

is in default under a child support order, the agency              3,031        

administering or handling the child support order may determine    3,033        

whether the individual holds a driver's or commercial driver's     3,034        

license, motorcycle operator's license or endorsement, temporary   3,035        

instruction permit, or commercial driver's temporary instruction   3,036        

permit issued by the registrar of motor vehicles or a deputy       3,037        

registrar or, if possible, whether the individual has applied, or  3,038        

is likely to apply, for such a license, endorsement, or permit.    3,039        

If the agency determines that the individual holds, has applied    3,040        

for, or is likely to apply for, such a license, endorsement, or    3,041        

permit, it shall send to the individual the notice specified in    3,042        

division (C)(2) of this section.  The agency also may send a       3,043        

notice to the registrar of motor vehicles that gives the name and  3,044        

social security number or other identifying number of the                       

individual and states that a court or agency has determined the    3,045        

individual to be in default under a child support order.           3,047        

      (b)  IF AN INDIVIDUAL REQUIRED TO PAY SUPPORT UNDER A CHILD  3,050        

SUPPORT ORDER ON OR AFTER THE DATE SPECIFIED IN DIVISION (A) OF    3,051        

THIS SECTION FAILS, AFTER RECEIVING APPROPRIATE NOTICE, TO COMPLY  3,052        

WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT OR A CHILD SUPPORT  3,053        

ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A       3,054        

CHILD SUPPORT ORDER, THE AGENCY ADMINISTERING THE CHILD SUPPORT                 

ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A DRIVER'S OR     3,056        

COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR      3,057        

ENDORSEMENT, TEMPORARY INSTRUCTION PERMIT, OR COMMERCIAL DRIVER'S  3,058        

TEMPORARY INSTRUCTION PERMIT ISSUED BY THE REGISTRAR OF MOTOR      3,059        

VEHICLES OR A DEPUTY REGISTRAR OR, IF POSSIBLE, WHETHER THE        3,060        

INDIVIDUAL HAS APPLIED, OR IS LIKELY TO APPLY, FOR SUCH A          3,061        

                                                          72     

                                                                 
LICENSE, ENDORSEMENT, OR PERMIT.  IF THE AGENCY DETERMINES THAT    3,062        

THE INDIVIDUAL HOLDS, HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR,  3,063        

SUCH A LICENSE, ENDORSEMENT, OR PERMIT, IT SHALL SEND THE          3,064        

INDIVIDUAL THE NOTICE SPECIFIED IN DIVISION (C)(2) OF THIS         3,066        

SECTION.  THE AGENCY MAY ALSO SEND A NOTICE TO THE REGISTRAR OF    3,067        

MOTOR VEHICLES THAT GIVES THE NAME AND SOCIAL SECURITY NUMBER OR   3,068        

OTHER IDENTIFYING NUMBER OF THE INDIVIDUAL AND STATES THAT THE     3,069        

INDIVIDUAL HAS FAILED TO COMPLY WITH A WARRANT OR SUBPOENA ISSUED  3,070        

BY A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A   3,071        

PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER.                       3,072        

      (2)  Notice shall be sent to the individual described in     3,075        

division (C)(1) of this section by first class mail IN COMPLIANCE  3,076        

WITH DIVISION (G)(1) OF SECTION 3113.21 OF THE REVISED CODE.  The  3,077        

notice shall specify that a court or agency has determined the     3,078        

individual to be in default under a child support order OR THAT    3,079        

THE INDIVIDUAL IS AN OBLIGOR UNDER A CHILD SUPPORT ORDER WHO HAS   3,081        

FAILED TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY A COURT OR   3,082        

AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT     3,083        

ORDER, that a notice containing the individual's name and social   3,084        

security number or other identification number may be sent under   3,085        

division (C)(1) of this section to the registrar, and that, if     3,087        

the registrar receives that notice and determines that the                      

individual is the individual named in that notice and the          3,088        

registrar has not received notice under division (C)(3) of this    3,090        

section, all of the following will occur:                          3,091        

      (a)  The registrar and all deputy registrars will be         3,093        

prohibited from issuing to the individual a driver's or            3,095        

commercial driver's license, motorcycle operator's license or      3,097        

endorsement, or temporary instruction permit or commercial         3,098        

driver's temporary instruction permit;                                          

      (b)  The registrar and all deputy registrars will be         3,100        

prohibited from renewing for the individual a driver's or          3,102        

commercial driver's license, motorcycle operator's license or      3,103        

endorsement, or commercial driver's temporary instruction permit;  3,104        

                                                          73     

                                                                 
      (c)  If the individual holds a driver's or commercial        3,106        

driver's license, motorcycle operator's license or endorsement,    3,107        

or temporary instruction permit or commercial driver's temporary   3,108        

instruction permit, it will be suspended if the registrar          3,109        

determines that the individual is the individual named in the      3,110        

notice sent pursuant to division (C)(1) of this section;           3,111        

      (d)  If the individual is the individual named in the        3,113        

notice the individual will not be issued or have renewed any       3,114        

license, endorsement, or permit, and no suspension will be lifted  3,115        

with respect to any license, endorsement, or permit listed in      3,116        

division (C)(2) of this section until the registrar receives a     3,118        

notice under division (C)(3) of this section.                                   

      (3)(a)  An agency that sent a notice under division          3,121        

(C)(1)(a) of this section shall send to the registrar a notice     3,123        

that the individual is not in default under a child support order  3,124        

if it determines that the individual is not in default or any of   3,125        

the following occurs:                                                           

      (a)(i)  The individual makes full payment to the agency      3,127        

DIVISION OF CHILD SUPPORT OR, PURSUANT TO DIVISION (H)(4) OF       3,128        

SECTION 2301.35 OF THE REVISED CODE, THE CHILD SUPPORT             3,129        

ENFORCEMENT AGENCY of the arrearage that was the basis for the     3,130        

court or agency determination that the individual was in default;  3,132        

      (b)(ii)  An appropriate withholding or deduction notice or   3,134        

other appropriate order has been issued pursuant to section        3,137        

3113.21 of the revised code to collect current support and any     3,138        

arrearage due under the child support order that was in default    3,139        

and the individual is complying with the notice or order;          3,140        

      (c)(iii)  A new child support order has been issued or the   3,142        

child support order that was in default has been modified as       3,145        

provided under sections 3113.21 to 3113.219 of the Revised Code    3,146        

to collect current support and any arrearage due under the child   3,147        

support order that was in default and the individual is complying  3,148        

with the new or modified child support order.                      3,149        

      The agency shall send the notice under this division not     3,151        

                                                          74     

                                                                 
later than seven days after it determines the individual is not    3,153        

in default or that any of the circumstances specified in division  3,154        

(C)(3)(a) of this section has occurred.                                         

      (b)  AN AGENCY THAT SENT A NOTICE UNDER DIVISION (C)(1)(b)   3,157        

OF THIS SECTION SHALL SEND TO THE REGISTRAR A NOTICE THAT THE      3,159        

INDIVIDUAL IS NO LONGER OUT OF COMPLIANCE IF THE COURT OR AGENCY   3,160        

THAT ISSUED THE WARRANT OR SUBPOENA REMOVES THE WARRANT OR         3,161        

DETERMINES THAT THE INDIVIDUAL HAS COMPLIED WITH THE SUBPOENA.     3,162        

      THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT     3,164        

LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF   3,166        

THE CIRCUMSTANCES SPECIFIED IN DIVISION (C)(3)(b) HAS OCCURRED.    3,168        

      (4)(a)  On receipt of a notice pursuant to division (C)(1)   3,171        

of this section, the registrar shall determine whether the         3,172        

individual named in the notice holds or has applied for a          3,173        

driver's license or commercial driver's license, motorcycle        3,174        

operator's license or endorsement, or temporary instruction        3,175        

permit or commercial driver's temporary instruction permit.  If    3,176        

the registrar determines that the individual holds or has applied               

for a license, permit, or endorsement and the individual is the    3,178        

individual named in the notice and does not receive a notice       3,179        

pursuant to division (C)(3) of this section, the registrar         3,180        

immediately shall provide notice of the determination to each      3,182        

deputy registrar.  The registrar or a deputy registrar may not     3,183        

issue to the individual a driver's or commercial driver's                       

license, motorcycle operator's license or endorsement, or          3,184        

temporary instruction permit or commercial driver's temporary      3,185        

instruction permit and may not renew for the individual a          3,187        

driver's or commercial driver's license, motorcycle operator's                  

license or endorsement, or commercial driver's temporary           3,188        

instruction permit.  The registrar or a deputy registrar also      3,189        

shall suspend a license, permit, or endorsement held by the        3,190        

individual.                                                                     

      (b)  The registrar shall maintain a list of names of         3,192        

individuals identified in notices sent to the registrar pursuant   3,194        

                                                          75     

                                                                 
to division (C)(1) of this section that do not hold a driver's or  3,195        

commercial driver's license, motorcycle operator's license or      3,196        

endorsement, or temporary instruction permit or commercial         3,197        

driver's temporary instruction permit.  The registrar shall        3,198        

update the list quarterly and provide each deputy registrar with   3,199        

a copy.  On receipt of an application for such a license, permit,  3,200        

or endorsement from an individual who appears on the list, a       3,201        

deputy registrar shall notify the registrar.  On receipt of an     3,202        

application for such a license, permit, or endorsement from such   3,203        

an individual or on receipt of a notice from a deputy registrar    3,205        

pursuant to division (C)(4)(b) of this section, the registrar      3,207        

shall proceed in accordance with division (C)(4)(a) of this        3,209        

section.                                                                        

      (c)  Not later than seven days after receipt of a notice     3,211        

pursuant to division (C)(3) of this section, the registrar shall   3,214        

notify each deputy registrar of the notice.  The registrar and     3,215        

each deputy registrar shall then, if the individual otherwise is                

eligible for the license, permit, or endorsement and wants the     3,216        

license, permit, or endorsement, issue a license, permit, or       3,217        

endorsement to, or renew a license, permit, or endorsement of,     3,219        

the individual, or, if the individual's license, permit, or        3,221        

endorsement was suspended pursuant to division (C)(4)(a) of this   3,222        

section, remove the suspension.  The registrar or a deputy         3,224        

registrar may charge a fee of not more than twenty-five dollars    3,225        

for issuing or renewing or removing the suspension of a license    3,226        

pursuant to this division.  The fees collected by the registrar                 

pursuant to this section shall be paid into the state bureau of    3,227        

motor vehicles fund established in section 4501.25 of the Revised  3,228        

Code.                                                                           

      (d)  Notwithstanding section 119.06 of the Revised Code,     3,230        

the registrar shall not hold any hearing in connection with an     3,232        

order refusing to issue or renew a license, permit, or             3,233        

endorsement for, or suspending a license, permit, or endorsement   3,234        

of, an individual pursuant to this section.                                     

                                                          76     

                                                                 
      (D)  The department of human services may adopt rules in     3,237        

accordance with Chapter 119. of the Revised Code to implement      3,238        

this section.                                                                   

      Sec. 2301.375.  (A)  AS USED IN THIS SECTION, "RECREATIONAL  3,241        

LICENSE" MEANS ANY LICENSE, PERMIT, OR STAMP ISSUED PURSUANT TO                 

SECTION 1533.10, 1533.11, 1533.111, 1533.112, OR 1533.32 OF THE    3,243        

REVISED CODE.                                                                   

      (B)  IF A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY MAKES A  3,246        

FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO DIVISION (B) OF    3,248        

SECTION 3113.21 OF THE REVISED CODE THAT AN INDIVIDUAL IS IN       3,251        

DEFAULT UNDER A CHILD SUPPORT ORDER, THE AGENCY ADMINISTERING THE  3,252        

CHILD SUPPORT ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A   3,254        

RECREATIONAL LICENSE OR, IF POSSIBLE, WHETHER THE INDIVIDUAL HAS   3,255        

APPLIED FOR, OR IS LIKELY TO APPLY FOR, SUCH A LICENSE.  IF THE    3,256        

AGENCY DETERMINES THAT THE INDIVIDUAL HOLDS, HAS APPLIED FOR, OR   3,257        

IS LIKELY TO APPLY FOR, SUCH A LICENSE, IT SHALL FOLLOW            3,258        

PROCEDURES THAT ARE SUBSTANTIVELY THE SAME AS THOSE SET FORTH IN   3,259        

DIVISIONS (B) TO (D) OF SECTION 2301.373 OF THE REVISED CODE AND   3,261        

THE DIVISION OF WILDLIFE SHALL FOLLOW PROCEDURES THAT ARE          3,262        

SUBSTANTIVELY THE SAME AS THOSE SET FORTH IN DIVISION (E) OF       3,263        

SECTION 2301.373 OF THE REVISED CODE WITH RESPECT TO THE LICENSE   3,265        

IF BOTH OF THE FOLLOWING APPLY:                                                 

      (1)  THE DIVISION OF WILDLIFE HAS IMPLEMENTED A COMPUTER     3,267        

SYSTEM THAT MAINTAINS LICENSE NUMBERS FOR LICENSES ISSUED BY THE   3,269        

DIVISION, THE NAMES OF PERSONS TO WHOM LICENSES ARE ISSUED, AND    3,270        

THE SOCIAL SECURITY NUMBERS OF PERSONS TO WHOM LICENSES ARE        3,271        

ISSUED;                                                                         

      (2)  THE DIVISION HAS ESTABLISHED SAFEGUARDS THAT ELIMINATE  3,274        

THE RISK THAT SOCIAL SECURITY NUMBERS PROVIDED TO THE DIVISION     3,275        

FOR THE PURPOSE OF CHILD SUPPORT ENFORCEMENT MAY BE USED FOR       3,276        

PURPOSES OTHER THAN THOSE PERMITTED BY FEDERAL LAW.                3,277        

      (C)  THE DEPARTMENT OF HUMAN SERVICES MAY ADOPT RULES IN     3,280        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT      3,283        

THIS SECTION.                                                      3,284        

                                                          77     

                                                                 
      Sec. 2301.43.  (A)  IF A COURT OR A CHILD SUPPORT            3,287        

ENFORCEMENT AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION     3,288        

PURSUANT TO DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE    3,291        

THAT AN OBLIGOR IS IN DEFAULT UNDER A SUPPORT ORDER, THE AGENCY    3,292        

ADMINISTERING THE SUPPORT ORDER MAY ASSERT A LIEN ON REAL AND      3,294        

PERSONAL PROPERTY OF THE OBLIGOR LOCATED IN THE STATE.             3,295        

      (B)(1)  THE AMOUNT OF THE ARREARAGE DUE UNDER THE SUPPORT    3,298        

ORDER DETERMINED TO BE IN DEFAULT PURSUANT TO DIVISION (B) OF      3,300        

SECTION 3113.21 OF THE REVISED CODE AND ANY AMOUNTS DUE FOR        3,302        

CURRENT SUPPORT THAT BECOME AN ARREARAGE AFTER THE DATE THE        3,303        

DEFAULT DETERMINATION WAS MADE, SHALL BE A LIEN AGAINST ALL        3,304        

PERSONAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE       3,305        

OBLIGOR THAT IS SITUATED IN THIS STATE.  THE LIEN MAY BE FILED     3,306        

WITH THE COUNTY RECORDER IN EACH COUNTY OF THE STATE IN WHICH THE  3,308        

PERSONAL PROPERTY IS LOCATED.  THE AMOUNT OF THE ARREARAGE DUE                  

UNDER THE SUPPORT ORDER DETERMINED TO BE IN DEFAULT PURSUANT TO    3,310        

DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE AND ANY        3,311        

AMOUNTS DUE FOR CURRENT SUPPORT THAT BECOME AN ARREARAGE AFTER     3,312        

THE DATE THE DEFAULT DETERMINATION WAS MADE, SHALL BE A LIEN       3,313        

AGAINST REAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE   3,314        

OBLIGOR AFTER THE LIEN IS FILED WITH A COUNTY RECORDER OF THIS     3,315        

STATE IN WHICH THE REAL PROPERTY IS LOCATED.  A LIEN MAY BE FILED  3,316        

WITH THE COUNTY RECORDER IN EACH COUNTY OF THE STATE IN WHICH      3,317        

REAL PROPERTY OF THE OBLIGOR IS LOCATED.  IN RECORDING THE LIEN,   3,319        

IF REGISTERED LAND IS INVOLVED, THE COUNTY RECORDER SHALL TAKE     3,320        

ALL NECESSARY ACTION REQUIRED BY CHAPTER 5309. OF THE REVISED      3,321        

CODE.  THE COUNTY RECORDER MAY BE COMPENSATED FOR LIENS FILED      3,322        

UNDER THIS SECTION PURSUANT TO THE DEVELOPMENT OF UNIT COSTS THAT  3,323        

ARE REIMBURSED UNDER THE PROVIDER CONTRACT ENTERED INTO PURSUANT   3,324        

TO TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975),  3,326        

42 U.S.C. 651, AS AMENDED.                                                      

      (2)  ON RECEIVING A COPY OF A LIEN FILED IN ANOTHER STATE    3,328        

THAT IS SIMILAR TO A LIEN DESCRIBED IN DIVISION (B)(1) OF THIS     3,330        

SECTION, A COPY OF THE ORDER FOR CHILD SUPPORT THAT IS THE BASIS   3,331        

                                                          78     

                                                                 
OF THE LIEN, AND A COPY OF THE COURT OR ADMINISTRATIVE             3,332        

DETERMINATION FINDING THE OBLIGOR TO BE IN DEFAULT UNDER THE       3,333        

CHILD SUPPORT ORDER, THE DIVISION OF CHILD SUPPORT IN THE          3,334        

DEPARTMENT OF HUMAN SERVICES SHALL EXAMINE THE LIEN AND THE OTHER  3,335        

DOCUMENTS AND DETERMINE WHETHER THE LIEN IS IN COMPLIANCE WITH     3,336        

FEDERAL CHILD SUPPORT LAW AND REGULATIONS.  IF THE DIVISION        3,337        

DETERMINES THAT THE LIEN IS IN COMPLIANCE, THE DIVISION SHALL      3,338        

DETERMINE THE COUNTIES OF THIS STATE IN WHICH IS LOCATED REAL OR   3,339        

PERSONAL PROPERTY OF THE OBLIGOR THAT MAY BE SUBJECTED TO THE      3,340        

LIEN.  ON MAKING THE DETERMINATION, THE DIVISION SHALL SEND A      3,341        

COPY OF THE LIEN TO THE CHILD SUPPORT ENFORCEMENT AGENCY OF THE    3,342        

COUNTY IN WHICH THE OBLIGOR'S REAL OR PERSONAL PROPERTY IS         3,343        

LOCATED.  THE AGENCY SHALL FILE THE LIEN WITH THE COUNTY RECORDER  3,344        

OF THE COUNTY IN WHICH THE AGENCY IS LOCATED.  IN RECORDING THE    3,345        

LIEN, IF REGISTERED LAND IS INVOLVED, THE COUNTY RECORDER SHALL    3,346        

TAKE ALL NECESSARY ACTION REQUIRED BY CHAPTER 5309. OF THE         3,349        

REVISED CODE.  ONCE FILED, THE LIEN SHALL BE AGAINST ALL REAL AND  3,351        

PERSONAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE       3,352        

OBLIGOR THAT IS SITUATED IN THAT COUNTY.  EVERY COURT, THE         3,353        

DIVISION, AND EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL GIVE     3,354        

FULL FAITH AND CREDIT TO A LIEN ESTABLISHED BY AN AUTHORIZED       3,355        

AGENCY OF ANOTHER STATE THAT IS OF THE TYPE DESCRIBED IN DIVISION  3,356        

(B)(1) OF THIS SECTION.                                            3,357        

      (C)  THE LIEN FILED WITH THE COUNTY RECORDER SHALL BE        3,360        

EFFECTIVE UNTIL THE COUNTY RECORDER DISCHARGES THE LIEN.  THE      3,361        

COUNTY RECORDER SHALL DISCHARGE THE LIEN WITHIN FIVE DAYS AFTER    3,362        

THE AGENCY FILES A NOTICE PURSUANT TO DIVISION (D) OF THIS         3,363        

SECTION REQUESTING THAT THE LIEN BE DISCHARGED.                    3,364        

      (D)  THE AGENCY SHALL FILE A NOTICE REQUESTING THAT THE      3,367        

COUNTY RECORDER DISCHARGE THE LIEN IF ONE OF THE FOLLOWING         3,368        

APPLIES:                                                                        

      (1)  THE LIEN IS SATISFIED THROUGH AN ACTION PURSUANT TO     3,371        

SECTION 2301.45 OF THE REVISED CODE;                                            

      (2)  THE OBLIGOR MAKES FULL PAYMENT OF THE ARREARAGE TO THE  3,373        

                                                          79     

                                                                 
DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR,  3,375        

PURSUANT TO DIVISION (H)(4) OF SECTION 2301.35 OF THE REVISED      3,376        

CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY THAT IS THE BASIS OF    3,378        

THE LIEN;                                                                       

      (3)  AN APPROPRIATE WITHHOLDING OR DEDUCTION NOTICE OR       3,380        

OTHER APPROPRIATE ORDER HAS BEEN ISSUED PURSUANT TO SECTION        3,381        

3113.21 OF THE REVISED CODE TO COLLECT CURRENT SUPPORT AND ANY     3,384        

ARREARAGE DUE UNDER THE SUPPORT ORDER THAT WAS IN DEFAULT AND THE  3,385        

OBLIGOR IS COMPLYING WITH THE NOTICE OR ORDER;                     3,386        

      (4)  A NEW SUPPORT ORDER HAS BEEN ISSUED OR THE SUPPORT      3,389        

ORDER THAT WAS IN DEFAULT HAS BEEN MODIFIED AS PROVIDED UNDER      3,390        

SECTIONS 3113.21 TO 3113.219 OF THE REVISED CODE TO COLLECT        3,391        

CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE SUPPORT ORDER      3,392        

THAT WAS IN DEFAULT AND THE OBLIGOR IS COMPLYING WITH THE NEW OR   3,393        

MODIFIED SUPPORT ORDER;                                            3,394        

      (5)  THE AGENCY RELEASES THE LIEN PURSUANT TO SECTION        3,396        

2301.46 OF THE REVISED CODE.                                       3,397        

      (E)  A LIEN IMPOSED PURSUANT TO THIS SECTION SHALL HAVE      3,400        

PRIORITY OVER LIENS, MORTGAGES, SECURITY INTERESTS, OR OTHER       3,401        

TYPES OF ENCUMBRANCES THAT ARE ASSOCIATED WITH THE REAL AND        3,402        

PERSONAL PROPERTY SUBJECT TO THE LIEN IMPOSED BY THIS SECTION AND  3,403        

THAT ARISE AFTER THE DATE THE LIEN IS FILED PURSUANT TO THIS       3,404        

SECTION.  A LIEN IMPOSED PURSUANT TO THIS SECTION SHALL NOT HAVE   3,405        

PRIORITY OVER LIENS, MORTGAGES, SECURITY INTERESTS, OR OTHER       3,406        

TYPES OF ENCUMBRANCES ASSOCIATED WITH THE REAL AND PERSONAL        3,407        

PROPERTY SUBJECT TO THE LIEN IMPOSED BY THIS SECTION THAT AROSE                 

ON OR BEFORE THE DATE THE LIEN WAS FILED PURSUANT TO THIS          3,408        

SECTION.                                                                        

      Sec. 2301.44.  (A)  A CHILD SUPPORT ENFORCEMENT AGENCY       3,411        

SHALL, NO LATER THAN TEN DAYS AFTER FILING A LIEN PURSUANT TO      3,412        

SECTION 2301.43 OF THE REVISED CODE, SERVE A COPY OF THE LIEN BY                

REGULAR MAIL ON THE OBLIGOR WHOSE REAL OR PERSONAL PROPERTY IS     3,413        

SUBJECT TO THE LIEN AND THE PERSON OR STATE AGENCY IN POSSESSION   3,414        

OR CONTROL OF ANY REAL OR PERSONAL PROPERTY OF THE OBLIGOR.        3,415        

                                                          80     

                                                                 
      (B)  ANY PERSON OR STATE AGENCY, AFTER SERVICE DESCRIBED IN  3,418        

DIVISION (A) OF THIS SECTION, THAT RELEASES, SELLS, TRANSFERS, OR  3,420        

CONVEYS REAL OR PERSONAL PROPERTY SUBJECT TO THE LIEN TO OR FOR    3,421        

THE BENEFIT OF THE OBLIGOR OR ANY OTHER PERSON OR FAILS OR         3,422        

REFUSES TO SURRENDER PROPERTY FOR THE EXECUTION SALE PURSUANT TO   3,423        

SECTION 2301.45 OF THE REVISED CODE SHALL BE LIABLE FOR THE                     

SUPPORT ARREARAGES THAT ARE THE BASIS OF THE LIEN PLUS COSTS,      3,425        

INTEREST, AND REASONABLE ATTORNEY'S FEES OF THE OPPOSING PARTY.                 

      Sec. 2301.45.  (A)  A CHILD SUPPORT ENFORCEMENT AGENCY IS    3,428        

ENTITLED TO HAVE, AND MAY CAUSE, REAL AND PERSONAL PROPERTY        3,429        

SUBJECT TO A LIEN ESTABLISHED PURSUANT TO SECTION 2301.43 OF THE   3,430        

REVISED CODE TO BE SOLD PURSUANT TO THIS SECTION.                  3,431        

      (B)(1)(a)  TO OBTAIN A SALE OF PROPERTY SUBJECT TO THE       3,434        

LIEN, THE AGENCY SHALL FILE, WITH THE APPROPRIATE COURT OF THE     3,435        

COUNTY IN WHICH THE PROPERTY IS LOCATED, AS DESCRIBED IN DIVISION  3,436        

(B)(2) OF THIS SECTION, A COMPLAINT STATING THAT THE AGENCY HAS    3,437        

OBTAINED A LIEN ON REAL AND PERSONAL PROPERTY OF THE OBLIGOR THAT  3,438        

IS LOCATED IN THE COUNTY AND THAT, PURSUANT TO DIVISION (A) OF     3,440        

THIS SECTION, THE AGENCY IS ENTITLED TO HAVE THE PROPERTY SOLD TO  3,441        

OBTAIN CHILD SUPPORT THAT IS IN ARREARS AND SUBSEQUENTLY OVERDUE   3,442        

AND ASKS THE COURT TO ISSUE AN ORDER THAT THE PROPERTY BE SOLD BY  3,443        

AN EXECUTION SALE IN ACCORDANCE WITH CHAPTER 2329. OF THE REVISED  3,445        

CODE.  THE AGENCY SHALL ESTABLISH, TO THE SATISFACTION OF THE      3,447        

COURT, AT A HEARING DESCRIBED IN DIVISION (B)(1)(b) OF THIS        3,449        

SECTION THAT THE AGENCY HAS OBTAINED THE LIEN AND IS ENTITLED TO   3,450        

THE REQUESTED ORDER.                                                            

      (b)  ON RECEIPT OF A COMPLAINT DESCRIBED IN DIVISION         3,453        

(B)(1)(a) OF THIS SECTION, THE COURT SHALL CONDUCT A HEARING       3,454        

EXPEDITIOUSLY.  IF, AT THE HEARING, THE COURT DETERMINES THAT IT   3,455        

HAS JURISDICTION IN THE MATTER IN ACCORDANCE WITH DIVISION (B)(2)  3,457        

OF THIS SECTION AND THAT THE AGENCY HAS OBTAINED A LIEN PURSUANT   3,458        

TO SECTION 2301.43 OF THE REVISED CODE AND IS ENTITLED, PURSUANT   3,460        

TO DIVISION (A) OF THIS SECTION, TO HAVE THE REAL AND PERSONAL     3,461        

PROPERTY OF THE OBLIGOR IN THE COUNTY SOLD BY EXECUTION SALE TO    3,462        

                                                          81     

                                                                 
OBTAIN THE CHILD SUPPORT THAT IS IN ARREARS AND SUBSEQUENTLY       3,463        

OVERDUE, THE COURT SHALL ISSUE AN ORDER THAT THE PROPERTY BE SOLD  3,465        

BY EXECUTION SALE IN ACCORDANCE WITH CHAPTER 2329. OF THE REVISED  3,466        

CODE.                                                                           

      (2)  THE COMPLAINT DESCRIBED IN DIVISION (B)(1)(a) OF THIS   3,469        

SECTION SHALL BE FILED IN THE COURT AS FOLLOWS:                    3,470        

      (a)  IF THE CHILD SUPPORT IN ARREARS WAS ORDERED BY A COURT  3,473        

IN THE COUNTY IN WHICH THE PROPERTY IN QUESTION IS LOCATED, IN     3,474        

THAT COURT;                                                                     

      (b)  IF THE CHILD SUPPORT IN ARREARS WAS ORDERED BY A COURT  3,477        

OF ANOTHER STATE OR BY A COURT LOCATED IN A COUNTY OTHER THAN THE  3,478        

COUNTY IN WHICH THE PROPERTY IN QUESTION IS LOCATED, THE COURT OF  3,479        

COMMON PLEAS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED.       3,480        

      (C)  A SALE OF REAL OR PERSONAL PROPERTY PURSUANT TO THIS    3,483        

SECTION EXTINGUISHES THE LIEN ASSOCIATED WITH THE PROPERTY.        3,484        

      Sec. 2301.46.  (A)  A CHILD SUPPORT ENFORCEMENT AGENCY MAY   3,486        

AT ANY TIME RELEASE A LIEN IMPOSED PURSUANT TO SECTION 2301.43 OF  3,487        

THE REVISED CODE, ON ALL OR PART OF THE PROPERTY OF THE OBLIGOR,   3,489        

OR RETURN SEIZED PROPERTY WITHOUT LIABILITY, IF ASSURANCE OF       3,490        

PAYMENT IS DEEMED ADEQUATE BY THE AGENCY, OR THE RELEASE WILL      3,491        

FACILITATE THE COLLECTION OF THE ARREARAGE FOR WHICH THE LIEN WAS  3,492        

IMPOSED.  THE RELEASE OR RETURN SHALL NOT OPERATE TO PREVENT       3,493        

FUTURE ACTION TO COLLECT THE ARREARAGE.                            3,494        

      (B)  OBTAINING A LIEN UNDER SECTION 2301.43 OF THE REVISED   3,497        

CODE DOES NOT AFFECT ANY OTHER LEGAL REMEDIES AVAILABLE AGAINST    3,498        

OBLIGORS OR THEIR PROPERTY BY PERSONS ENTITLED TO RECEIVE CHILD    3,499        

SUPPORT THAT IS IN ARREARS OR OTHERWISE DUE, INCLUDING THE USE OF  3,500        

A JUDGMENT LIEN UNDER CHAPTER 2329. OF THE REVISED CODE.           3,501        

      Sec. 2705.02.  A person guilty of any of the following acts  3,510        

may be punished as for a contempt:                                 3,511        

      (A)  Disobedience of, or resistance to, a lawful writ,       3,513        

process, order, rule, judgment, or command of a court or officer;  3,514        

      (B)  Misbehavior of an officer of the court in the           3,516        

performance of official duties, or in official transactions;       3,518        

                                                          82     

                                                                 
      (C)  A failure to obey a subpoena duly served, or a refusal  3,520        

to be sworn or to answer as a witness, when lawfully required;     3,521        

      (D)  The rescue, or attempted rescue, of a person or of      3,523        

property in the custody of an officer by virtue of an order or     3,524        

process of court held by the officer;                              3,525        

      (E)  A failure upon the part of a person recognized to       3,527        

appear as a witness in a court to appear in compliance with the    3,528        

terms of the person's recognizance;                                3,529        

      (F)  A failure to comply with an order issued pursuant to    3,531        

section 3111.20, 3111.21 3111.211, OR 3111.22, or 3111.241 of the  3,533        

Revised Code or a withholding or deduction notice issued under     3,534        

section 3111.23 of the Revised Code.;                                           

      (G)  A FAILURE TO OBEY A SUBPOENA ISSUED BY THE DEPARTMENT   3,536        

OF HUMAN SERVICES OR A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT   3,537        

TO SECTION 5101.37 OF THE REVISED CODE;                            3,538        

      (H)  A WILLFUL FAILURE TO SUBMIT TO GENETIC TESTING, OR A    3,541        

WILLFUL FAILURE TO SUBMIT A CHILD TO GENETIC TESTING, AS REQUIRED  3,542        

BY AN ORDER FOR GENETIC TESTING ISSUED UNDER SECTION 3111.22 OF    3,543        

THE REVISED CODE.                                                  3,544        

      Sec. 2919.21.  (A)  No person shall abandon, or fail to      3,553        

provide adequate support to:                                       3,554        

      (1)  The person's spouse, as required by law;                3,556        

      (2)  The person's child who is under age eighteen, or        3,559        

mentally or physically handicapped child who is under age          3,560        

twenty-one;                                                                     

      (3)  The person's aged or infirm parent or adoptive parent,  3,562        

who from lack of ability and means is unable to provide            3,563        

adequately for the parent's own support;.                          3,564        

      (B)  No person shall abandon, or fail to provide support as  3,566        

established by a court order to, another person whom, by court     3,567        

order or decree, the person is legally obligated to support.       3,568        

      (C)  No person shall aid, abet, induce, cause, encourage,    3,570        

or contribute to a child or a ward of the juvenile court becoming  3,571        

a dependent child, as defined in section 2151.04 of the Revised    3,572        

                                                          83     

                                                                 
Code, or a neglected child, as defined in section 2151.03 of the   3,573        

Revised Code.                                                      3,574        

      (D)  It is an affirmative defense to a charge of failure to  3,576        

provide adequate support under division (A) of this section or a   3,577        

charge of failure to provide support established by a court order  3,578        

under division (B) of this section that the accused was unable to  3,579        

provide adequate support or the established support but did        3,580        

provide the support that was within the accused's ability and                   

means.                                                                          

      (E)  It is an affirmative defense to a charge under          3,582        

division (A)(3) of this section that the parent abandoned the      3,583        

accused or failed to support the accused as required by law,       3,584        

while the accused was under age eighteen, or was mentally or       3,585        

physically handicapped and under age twenty-one.                   3,586        

      (F)  It is not a defense to a charge under division (B) of   3,588        

this section that the person whom a court has ordered the accused  3,589        

to support is being adequately supported by someone other than     3,590        

the accused.                                                                    

      (G)(1) Except as otherwise provided in this division,        3,592        

whoever violates division (A) or (B) of this section is guilty of  3,593        

nonsupport of dependents, a misdemeanor of the first degree.  If   3,594        

the offender previously has been convicted of or pleaded guilty    3,596        

to a violation of division (A)(2) or (B) of this section or if     3,597        

the offender has failed to provide support under division (A)(2)   3,598        

or (B) of this section for a total accumulated period of           3,599        

twenty-six weeks out of one hundred four consecutive weeks,        3,600        

whether or not the twenty-six weeks were consecutive, then a       3,601        

violation of division (A)(2) or (B) of this section is a felony    3,602        

of the fifth degree.  If the offender previously has been                       

convicted of or pleaded guilty to a felony violation of this       3,603        

section, a violation of division (A)(2) or (B) of this section is  3,604        

a felony of the fourth degree.  If the offender is guilty of       3,605        

nonsupport of dependents by reason of failing to provide support   3,606        

to the offender's child as required by a child support order       3,607        

                                                          84     

                                                                 
issued on or after April 15, 1985, pursuant to section 2151.23,                 

2151.231, 2151.232, 2151.33, 3105.21, 3109.05, 3111.13, 3113.04,   3,609        

3113.31, or 3115.22 3115.31 of the Revised Code, the court, in     3,611        

addition to any other sentence imposed, shall assess all court     3,612        

costs arising out of the charge against the person and require     3,613        

the person to pay any reasonable attorney's fees of any adverse    3,614        

party other than the state, as determined by the court, that       3,615        

arose in relation to the charge.                                                

      (2)  Whoever violates division (C) of this section is        3,617        

guilty of contributing to the nonsupport of dependents, a          3,618        

misdemeanor of the first degree.  Each day of violation of         3,619        

division (C) of this section is a separate offense.                3,620        

      Sec. 2919.231.  (A)  No person, by using physical            3,629        

harassment or threats of violence against another person, shall    3,630        

interfere with the other person's initiation or continuance of,    3,632        

or attempt to prevent the other person from initiating or                       

continuing, an action to issue or modify a support order under     3,633        

Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        3,634        

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     3,636        

3111.13, 3113.04, 3113.07, or 3113.31 of the Revised Code.         3,637        

      (B)  Whoever violates this section is guilty of interfering  3,639        

with an action to issue or modify a support order, a misdemeanor   3,640        

of the first degree.  If the offender previously has been          3,641        

convicted of or pleaded guilty to a violation of this section or   3,642        

of section 3111.29 of the Revised Code, interfering with an        3,643        

action to issue or modify a support order is a felony of the       3,644        

fifth degree.                                                      3,645        

      Sec. 3103.03.  (A)  Each married person must support         3,654        

himself or herself THE PERSON'S SELF and his or her spouse out of  3,656        

his or her THE PERSON'S property or by his or her THE PERSON'S     3,657        

labor.  If a married person is unable to do so, the spouse of the  3,659        

married person must assist in the support so far as the spouse is  3,660        

able.  The biological or adoptive parent of a minor child must     3,661        

support his or her THE PARENT'S minor children out of his or her   3,663        

                                                          85     

                                                                 
THE PARENT'S property or by his or her THE PARENT'S labor.         3,664        

      (B)  Notwithstanding section 3109.01 of the Revised Code,    3,666        

the parental duty of support to children, including the duty of a  3,667        

parent to pay support pursuant to a child support order, shall     3,668        

continue beyond the age of majority as long as the child           3,669        

continuously attends on a full-time basis any recognized and       3,670        

accredited high school OR A COURT-ISSUED CHILD SUPPORT ORDER       3,673        

PROVIDES THAT THE DUTY OF SUPPORT CONTINUES BEYOND THE AGE OF      3,674        

MAJORITY.  EXCEPT IN CASES IN WHICH A CHILD SUPPORT ORDER          3,675        

REQUIRES THE DUTY OF SUPPORT TO CONTINUE FOR ANY PERIOD AFTER THE  3,676        

CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT REMAIN IN EFFECT   3,677        

AFTER THE CHILD REACHES AGE NINETEEN.  That duty of support shall  3,678        

continue during seasonal vacation periods.                         3,679        

      (C)  If a married person neglects to support his or her THE  3,681        

PERSON'S spouse in accordance with this section, any other         3,683        

person, in good faith, may supply the spouse with necessaries for  3,684        

the support of the spouse and recover the reasonable value of the  3,685        

necessaries supplied from the married person who neglected to      3,686        

support the spouse unless the spouse abandons that person without  3,687        

cause.                                                                          

      (D)  If a parent neglects to support his or her THE          3,689        

PARENT'S minor child in accordance with this section and if the    3,691        

minor child in question is unemancipated, any other person, in     3,692        

good faith, may supply the minor child with necessaries for the    3,693        

support of the minor child and recover the reasonable value of     3,694        

the necessaries supplied from the parent who neglected to support  3,695        

the minor child.                                                   3,696        

      (E)  If a decedent during his THE DECEDENT'S lifetime has    3,698        

purchased an irrevocable preneed funeral contract pursuant to      3,701        

section 1109.75 of the Revised Code, then the duty of support      3,702        

owed to a spouse pursuant to this section does not include an      3,704        

obligation to pay for the funeral expenses of the deceased         3,705        

spouse.  This division does not preclude a surviving spouse from   3,706        

assuming by contract the obligation to pay for the funeral         3,707        

                                                          86     

                                                                 
expenses of the deceased spouse.                                   3,708        

      Sec. 3103.031.  A biological parent of a child, a man        3,717        

determined to be the natural father of a child under sections      3,718        

3111.01 to 3111.19 or 3111.20 to 3111.29 of the Revised Code, a    3,719        

parent who adopts a minor child pursuant to Chapter 3107. of the   3,720        

Revised Code, a parent who acknowledges parentage on the child's   3,721        

birth certificate as provided in section 3705.09 of the Revised    3,722        

Code, or a parent whose signed acknowledgment of paternity is      3,723        

entered upon the probate court's journal under HAS BECOME FINAL    3,724        

PURSUANT TO section 2105.18 2151.232, 3111.211, OR 5101.314 of     3,726        

the Revised Code assumes the parental duty of support for that     3,727        

child.  Notwithstanding section 3109.01 of the Revised Code, the                

parental duty of support to the child shall continue beyond the    3,728        

age of majority as long as the child continuously attends on a     3,729        

full-time basis any recognized and accredited high school OR A     3,731        

COURT-ISSUED CHILD SUPPORT ORDER PROVIDES THAT THE DUTY OF         3,732        

SUPPORT CONTINUES BEYOND THE AGE OF MAJORITY.  EXCEPT IN CASES IN  3,733        

WHICH A CHILD SUPPORT ORDER REQUIRES THE DUTY OF SUPPORT TO        3,735        

CONTINUE FOR ANY PERIOD AFTER THE CHILD REACHES AGE NINETEEN, THE  3,736        

ORDER SHALL NOT REMAIN IN EFFECT AFTER THE CHILD REACHES AGE       3,737        

NINETEEN.  That duty of support shall continue during seasonal     3,738        

vacation periods.                                                               

      Sec. 3105.18.  (A)  As used in this section, "spousal        3,747        

support" means any payment or payments to be made to a spouse or   3,748        

former spouse, or to a third party for the benefit of a spouse or  3,749        

a former spouse, that is both for sustenance and for support of    3,750        

the spouse or former spouse.  "Spousal support" does not include   3,751        

any payment made to a spouse or former spouse, or to a third       3,752        

party for the benefit of a spouse or former spouse, that is made   3,753        

as part of a division or distribution of property or a             3,754        

distributive award under section 3105.171 of the Revised Code.     3,755        

      (B)  In divorce and legal separation proceedings, upon the   3,757        

request of either party and after the court determines the         3,758        

division or disbursement of property under section 3105.171 of     3,759        

                                                          87     

                                                                 
the Revised Code, the court of common pleas may award reasonable   3,760        

spousal support to either party.  During the pendency of any       3,761        

divorce, or legal separation proceeding, the court may award       3,762        

reasonable temporary spousal support to either party.              3,763        

      An award of spousal support may be allowed in real or        3,765        

personal property, or both, or by decreeing a sum of money,        3,766        

payable either in gross or by installments, from future income or  3,767        

otherwise, as the court considers equitable.                       3,768        

      Any award of spousal support made under this section shall   3,770        

terminate upon the death of either party, unless the order         3,771        

containing the award expressly provides otherwise.                 3,772        

      (C)(1)  In determining whether spousal support is            3,774        

appropriate and reasonable, and in determining the nature,         3,775        

amount, and terms of payment, and duration of spousal support,     3,776        

which is payable either in gross or in installments, the court     3,777        

shall consider all of the following factors:                       3,778        

      (a)  The income of the parties, from all sources,            3,780        

including, but not limited to, income derived from property        3,781        

divided, disbursed, or distributed under section 3105.171 of the   3,782        

Revised Code;                                                      3,783        

      (b)  The relative earning abilities of the parties;          3,785        

      (c)  The ages and the physical, mental, and emotional        3,787        

conditions of the parties;                                         3,788        

      (d)  The retirement benefits of the parties;                 3,790        

      (e)  The duration of the marriage;                           3,792        

      (f)  The extent to which it would be inappropriate for a     3,794        

party, because he THAT PARTY will be custodian of a minor child    3,795        

of the marriage, to seek employment outside the home;              3,797        

      (g)  The standard of living of the parties established       3,799        

during the marriage;                                               3,800        

      (h)  The relative extent of education of the parties;        3,802        

      (i)  The relative assets and liabilities of the parties,     3,804        

including but not limited to any court-ordered payments by the     3,805        

parties;                                                           3,806        

                                                          88     

                                                                 
      (j) The contribution of each party to the education,         3,808        

training, or earning ability of the other party, including, but    3,809        

not limited to, any party's contribution to the acquisition of a   3,810        

professional degree of the other party;                            3,811        

      (k)  The time and expense necessary for the spouse who is    3,813        

seeking spousal support to acquire education, training, or job     3,814        

experience so that the spouse will be qualified to obtain          3,815        

appropriate employment, provided the education, training, or job   3,816        

experience, and employment is, in fact, sought;                    3,817        

      (l)  The tax consequences, for each party, of an award of    3,819        

spousal support;                                                   3,820        

      (m)  The lost income production capacity of either party     3,822        

that resulted from that party's marital responsibilities;          3,823        

      (n)  Any other factor that the court expressly finds to be   3,825        

relevant and equitable.                                            3,826        

      (2)  In determining whether spousal support is reasonable    3,828        

and in determining the amount and terms of payment of spousal      3,829        

support, each party shall be considered to have contributed        3,830        

equally to the production of marital income.                       3,831        

      (D)  In an action brought solely for an order for legal      3,833        

separation under section 3105.17 of the Revised Code, any          3,834        

continuing order for periodic payments of money entered pursuant   3,835        

to this section is subject to further order of the court upon      3,836        

changed circumstances of either party.                             3,837        

      (E)  If a continuing order for periodic payments of money    3,839        

as alimony is entered in a divorce or dissolution of marriage      3,840        

action that is determined on or after May 2, 1986, and before      3,841        

January 1, 1991, or if a continuing order for periodic payments    3,842        

of money as spousal support is entered in a divorce or             3,843        

dissolution of marriage action that is determined on or after      3,844        

January 1, 1991, the court that enters the decree of divorce or    3,845        

dissolution of marriage does not have jurisdiction to modify the   3,846        

amount or terms of the alimony or spousal support unless the       3,847        

court determines that the circumstances of either party have       3,848        

                                                          89     

                                                                 
changed and unless one of the following applies:                   3,849        

      (1)  In the case of a divorce, the decree or a separation    3,851        

agreement of the parties to the divorce that is incorporated into  3,852        

the decree contains a provision specifically authorizing the       3,853        

court to modify the amount or terms of alimony or spousal          3,854        

support.                                                           3,855        

      (2)  In the case of a dissolution of marriage, the           3,857        

separation agreement that is approved by the court and             3,858        

incorporated into the decree contains a provision specifically     3,859        

authorizing the court to modify the amount or terms of alimony or  3,860        

spousal support.                                                   3,861        

      (F)  For purposes of divisions (D) and (E) of this section,  3,863        

a change in the circumstances of a party includes, but is not      3,864        

limited to, any increase or involuntary decrease in the party's    3,865        

wages, salary, bonuses, living expenses, or medical expenses.      3,866        

      (G)  Each order for alimony made or modified by a court on   3,868        

or after December 31, 1993, shall include as part of the order a   3,869        

general provision, as described in division (A)(1) of section      3,870        

3113.21 of the Revised Code, requiring the withholding or          3,871        

deduction of wages INCOME or assets of the obligor under the       3,872        

order as described in division (D) of section 3113.21 of the       3,874        

Revised Code or another type of appropriate requirement as         3,875        

described in division (D)(6)(3), (D)(7)(4), or (H) of that         3,876        

section, to ensure that withholding or deduction from the wages    3,878        

INCOME or assets of the obligor is available from the              3,880        

commencement of the support order for collection of the support    3,881        

and of any arrearages that occur; a statement requiring all        3,882        

parties to the order to notify the child support enforcement       3,883        

agency in writing of their current mailing address, their current  3,884        

residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT     3,885        

DRIVER'S LICENSE NUMBER, and of any changes in either address TO   3,887        

THAT INFORMATION; and a notice that the requirement to notify the  3,888        

agency of all changes in either address TO THAT INFORMATION        3,889        

continues until further notice from the court.                     3,891        

                                                          90     

                                                                 
      If any person required to pay alimony under an order made    3,893        

or modified by a court on or after December 1, 1986, and before    3,894        

January 1, 1991, or any person required to pay spousal support     3,895        

under an order made or modified by a court on or after January 1,  3,896        

1991, is found in contempt of court for failure to make alimony    3,897        

or spousal support payments under the order, the court that makes  3,898        

the finding, in addition to any other penalty or remedy imposed,   3,899        

shall assess all court costs arising out of the contempt           3,900        

proceeding against the person and shall require the person to pay  3,901        

any reasonable attorney's fees of any adverse party, as            3,902        

determined by the court, that arose in relation to the act of      3,903        

contempt.                                                          3,904        

      (H)  In divorce or legal separation proceedings, the court   3,906        

may award reasonable attorney's fees to either party at any stage  3,907        

of the proceedings, including, but not limited to, any appeal,     3,908        

any proceeding arising from a motion to modify a prior order or    3,909        

decree, and any proceeding to enforce a prior order or decree, if  3,910        

it determines that the other party has the ability to pay the      3,911        

attorney's fees that the court awards.  When the court determines  3,912        

whether to award reasonable attorney's fees to any party pursuant  3,913        

to this division, it shall determine whether either party will be  3,914        

prevented from fully litigating his THAT PARTY'S rights and        3,915        

adequately protecting his THAT PARTY'S interests if it does not    3,916        

award reasonable attorney's fees.                                  3,917        

      Sec. 3105.21.  (A)  Upon satisfactory proof of the causes    3,926        

in the complaint for divorce, annulment, or legal separation, the  3,927        

court of common pleas shall make an order for the disposition,     3,928        

care, and maintenance of the children of the marriage, as is in    3,929        

their best interests, and in accordance with section 3109.04 of    3,930        

the Revised Code.                                                  3,931        

      (B)  Upon the failure of proof of the causes in the          3,933        

complaint, the court may make the order for the disposition,       3,934        

care, and maintenance of any dependent child of the marriage as    3,935        

is in the child's best interest, and in accordance with section    3,936        

                                                          91     

                                                                 
3109.04 of the Revised Code.                                       3,937        

      (C)  Each order for child support made or modified under     3,939        

this section on or after December 31, 1993, shall include as part  3,940        

of the order a general provision, as described in division (A)(1)  3,941        

of section 3113.21 of the Revised Code, requiring the withholding  3,942        

or deduction of wages INCOME or assets of the obligor under the    3,943        

order as described in division (D) of section 3113.21 of the       3,945        

Revised Code, or another type of appropriate requirement as        3,946        

described in division (D)(6)(3), (D)(7)(4), or (H) of that         3,947        

section, to ensure that withholding or deduction from the wages    3,949        

INCOME or assets of the obligor is available from the              3,951        

commencement of the support order for collection of the support    3,952        

and of any arrearages that occur; a statement requiring all        3,953        

parties to the order to notify the child support enforcement       3,954        

agency in writing of their current mailing address, their current  3,955        

residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT     3,956        

DRIVER'S LICENSE NUMBER, and any changes in either address TO      3,958        

THAT INFORMATION; and a notice that the requirement to notify the  3,959        

agency of all changes in either address TO THAT INFORMATION        3,960        

continues until further notice from the court.  Any court of       3,962        

common pleas that makes or modifies an order for child support     3,963        

under this section on or after April 12, 1990, shall comply with   3,964        

sections 3113.21 to 3113.219 of the Revised Code.  If any person   3,965        

required to pay child support under an order made under this       3,966        

section on or after April 15, 1985, or modified on or after        3,967        

December 1, 1986, is found in contempt of court for failure to     3,968        

make support payments under the order, the court that makes the    3,969        

finding, in addition to any other penalty or remedy imposed,       3,970        

shall assess all court costs arising out of the contempt           3,971        

proceeding against the person and require the person to pay any    3,972        

reasonable attorney's fees of any adverse party, as determined by  3,973        

the court, that arose in relation to the act of contempt.          3,974        

      (D)  Notwithstanding section 3109.01 of the Revised Code,    3,976        

if a court issues a child support order under this section, the    3,977        

                                                          92     

                                                                 
order shall remain in effect beyond the child's eighteenth         3,978        

birthday as long as the child continuously attends on a full-time  3,979        

basis any recognized and accredited high school OR THE ORDER       3,981        

PROVIDES THAT THE DUTY OF SUPPORT OF THE CHILD CONTINUES BEYOND    3,982        

THE CHILD'S EIGHTEENTH BIRTHDAY.  EXCEPT IN CASES IN WHICH THE     3,984        

ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY PERIOD   3,985        

AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT REMAIN   3,986        

IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  Any parent        3,987        

ordered to pay support under a child support order issued under    3,988        

this section shall continue to pay support under the order,        3,989        

including during seasonal vacation periods, until the order        3,990        

terminates.                                                        3,991        

      Sec. 3105.72.  THE RECORD OF ANY ACTION INSTITUTED UNDER     3,993        

THIS CHAPTER SHALL INCLUDE THE SOCIAL SECURITY NUMBERS OF BOTH     3,994        

PARTIES TO THE ACTION.                                                          

      Sec. 3107.01.  As used in sections 3107.01 to 3107.19 of     4,003        

the Revised Code:                                                               

      (A)  "Agency" means any public or private organization       4,005        

certified, licensed, or otherwise specially empowered by law or    4,006        

rule to place minors for adoption.                                 4,007        

      (B)  "Attorney" means a person who has been admitted to the  4,009        

bar by order of the Ohio supreme court.                            4,010        

      (C)  "Child" means a son or daughter, whether by birth or    4,012        

by adoption.                                                       4,013        

      (D)  "Court" means the probate courts of this state, and     4,015        

when the context requires, means the court of any other state      4,017        

empowered to grant petitions for adoption.                         4,018        

      (E)  "Identifying information" means any of the following    4,021        

with regard to a person:  first name, last name, maiden name,      4,022        

alias, social security number, address, telephone number, place    4,023        

of employment, number used to identify the person for the purpose  4,024        

of the statewide education management information system                        

established pursuant to section 3301.0714 of the Revised Code,     4,025        

and any other number federal or state law requires or permits to   4,026        

                                                          93     

                                                                 
be used to identify the person.                                                 

      (F)  "Minor" means a person under the age of eighteen        4,028        

years.                                                             4,029        

      (G)  "Putative father" means a man, including one under age  4,032        

eighteen, who may be a child's father and to whom all of the       4,033        

following apply:                                                                

      (1)  He is not married to the child's mother at the time of  4,035        

the child's conception or birth;                                   4,036        

      (2)  He has not adopted the child;                           4,038        

      (3)  He has not been determined, prior to the date a         4,040        

petition to adopt the child is filed, to have a parent and child   4,041        

relationship with the child by a court proceeding pursuant to      4,042        

sections 3111.01 to 3111.19 of the Revised Code, a court           4,043        

proceeding in another state, an administrative agency proceeding   4,044        

pursuant to sections 3111.20 to 3111.29 of the Revised Code, or    4,046        

an administrative agency proceeding in another state;                           

      (4)  He has not acknowledged paternity of the child          4,048        

pursuant to section 2105.18 5101.314 of the Revised Code.          4,049        

      Sec. 3107.06.  Unless consent is not required under section  4,058        

3107.07 of the Revised Code, a petition to adopt a minor may be    4,059        

granted only if written consent to the adoption has been executed  4,060        

by all of the following:                                           4,061        

      (A)  The mother of the minor;                                4,063        

      (B)  The father of the minor, if any of the following        4,065        

apply:                                                                          

      (1)  The minor was conceived or born while the father was    4,067        

married to the mother;                                             4,068        

      (2)  The minor is his child by adoption;                     4,070        

      (3)  Prior to the date the petition was filed, it was        4,072        

determined by a court proceeding pursuant to sections 3111.01 to   4,073        

3111.19 of the Revised Code, a court proceeding in another state,  4,075        

an administrative proceeding pursuant to sections 3111.20 to       4,076        

3111.29 of the Revised Code, or an administrative proceeding in                 

another state that he has a parent and child relationship with     4,077        

                                                          94     

                                                                 
the minor;                                                         4,078        

      (4)  He acknowledged paternity of the child AND THAT         4,080        

ACKNOWLEDGMENT HAS BECOME FINAL pursuant to section 2105.18        4,081        

2151.232, 3111.211, OR 5101.314 of the Revised Code.               4,082        

      (C)  The putative father of the minor;                       4,084        

      (D)  Any person or agency having permanent custody of the    4,086        

minor or authorized by court order to consent;                     4,087        

      (E)  The juvenile court that has jurisdiction to determine   4,089        

custody of the minor, if the legal guardian or custodian of the    4,090        

minor is not authorized by law or court order to consent to the    4,091        

adoption;                                                          4,092        

      (F)  The minor, if more than twelve years of age, unless     4,094        

the court, finding that it is in the best interest of the minor,   4,095        

determines that the minor's consent is not required.               4,096        

      Sec. 3107.064.  (A)  Except as provided in division (B) of   4,106        

this section, a court shall not issue a final decree of adoption                

or finalize an interlocutory order of adoption unless the mother   4,107        

placing the minor for adoption or the agency or attorney           4,108        

arranging the adoption files with the court a certified document   4,109        

provided by the department of human services under section         4,110        

3107.063 of the Revised Code.  The court shall not accept the                   

document unless the date the department places on the document     4,111        

pursuant to that section is thirty-one or more days after the      4,112        

date of the minor's birth.                                         4,113        

      (B)  The document described in division (A) of this section  4,116        

is not required if any of the following apply:                                  

      (1)  The mother was married at the time the minor was        4,118        

conceived or born;                                                              

      (2)  The parent placing the minor for adoption previously    4,120        

adopted the minor;                                                 4,121        

      (3)  Prior to the date a petition to adopt the minor is      4,123        

filed, a man has been determined to have a parent and child        4,124        

relationship with the minor by a court proceeding pursuant to      4,125        

sections 3111.01 to 3111.19 of the Revised Code, a court           4,126        

                                                          95     

                                                                 
proceeding in another state, an administrative agency proceeding   4,127        

pursuant to sections 3111.20 to 3111.29 of the Revised Code, or                 

an administrative agency proceeding in another state;              4,128        

      (4)  The minor's father acknowledged paternity of the minor  4,130        

AND THAT ACKNOWLEDGMENT HAS BECOME FINAL pursuant to section       4,132        

2105.18 2151.232, 3111.211, OR 5101.314 of the Revised Code;       4,133        

      (5)  A public children services agency has permanent         4,136        

custody of the minor pursuant to Chapter 2151. or division (B) of  4,137        

section 5103.15 of the Revised Code after both parents lost or     4,138        

surrendered parental rights, privileges, and responsibilities      4,139        

over the minor.                                                                 

      Sec. 3109.042.  AN UNMARRIED FEMALE WHO GIVES BIRTH TO A     4,141        

CHILD IS THE SOLE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE    4,142        

CHILD UNTIL A COURT OF COMPETENT JURISDICTION ISSUES AN ORDER      4,143        

DESIGNATING ANOTHER PERSON AS THE RESIDENTIAL PARENT AND LEGAL     4,144        

CUSTODIAN.  A COURT DESIGNATING THE RESIDENTIAL PARENT AND LEGAL   4,145        

CUSTODIAN OF A CHILD DESCRIBED IN THIS SECTION SHALL TREAT THE     4,146        

MOTHER AND FATHER AS STANDING UPON AN EQUALITY WHEN MAKING THE     4,147        

DESIGNATION.                                                       4,148        

      Sec. 3109.05.  (A)(1)  In a divorce, dissolution of          4,157        

marriage, legal separation, or child support proceeding, the       4,158        

court may order either or both parents to support or help support  4,159        

their children, without regard to marital misconduct.  In          4,160        

determining the amount reasonable or necessary for child support,  4,161        

including the medical needs of the child, the court shall comply   4,162        

with sections 3113.21 to 3113.219 of the Revised Code.             4,163        

      (2)  The court, in accordance with sections 3113.21 and      4,165        

3113.217 of the Revised Code, shall include in each support order  4,166        

made under this section the requirement that one or both of the    4,167        

parents provide for the health care needs of the child to the      4,168        

satisfaction of the court, and the court shall include in the      4,169        

support order a requirement that all support payments be made      4,170        

through the DIVISION OF child support enforcement agency IN THE    4,172        

DEPARTMENT OF HUMAN SERVICES.                                                   

                                                          96     

                                                                 
      (3)  Each order for child support made or modified under     4,174        

this section on or after December 31, 1993, shall include as part  4,175        

of the order a general provision, as described in division (A)(1)  4,176        

of section 3113.21 of the Revised Code, requiring the withholding  4,177        

or deduction of wages INCOME or assets of the obligor under the    4,178        

order as described in division (D) or (H) of section 3113.21 of    4,180        

the Revised Code, or another type of appropriate requirement as    4,181        

described in division (D)(6)(3), (D)(7)(4), or (H) of that         4,183        

section, to ensure that withholding or deduction from the wages    4,184        

INCOME or assets of the obligor is available from the              4,186        

commencement of the support order for collection of the support    4,187        

and of any arrearages that occur; a statement requiring both       4,188        

parents to notify the child support enforcement agency in writing  4,189        

of their current mailing address; their current residence          4,190        

address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S      4,191        

LICENSE NUMBER, and any changes in either address TO THAT          4,193        

INFORMATION, and a notice that the requirement to notify the       4,194        

agency of all changes in either address TO THAT INFORMATION        4,195        

continues until further notice from the court.  The court shall    4,197        

comply with sections 3113.21 to 3113.219 of the Revised Code when  4,198        

it makes or modifies an order for child support under this         4,199        

section.                                                                        

      (B)  The juvenile court has exclusive jurisdiction to enter  4,201        

the orders in any case certified to it from another court.         4,202        

      (C)  If any person required to pay child support under an    4,204        

order made under division (A) of this section on or after April    4,205        

15, 1985, or modified on or after December 1, 1986, is found in    4,206        

contempt of court for failure to make support payments under the   4,207        

order, the court that makes the finding, in addition to any other  4,208        

penalty or remedy imposed, shall assess all court costs arising    4,209        

out of the contempt proceeding against the person and require the  4,210        

person to pay any reasonable attorney's fees of any adverse        4,211        

party, as determined by the court, that arose in relation to the   4,212        

act of contempt and, on or after July 1, 1992, shall assess        4,213        

                                                          97     

                                                                 
interest on any unpaid amount of child support pursuant to         4,214        

section 3113.219 of the Revised Code.                              4,215        

      (D)  The court shall not authorize or permit the escrowing,  4,217        

impoundment, or withholding of any child support payment ordered   4,218        

under this section or any other section of the Revised Code        4,219        

because of a denial of or interference with a right of             4,220        

companionship or visitation granted in an order issued under this  4,221        

section, section 3109.051, 3109.11, 3109.12, or any other section  4,222        

of the Revised Code, or as a method of enforcing the specific      4,223        

provisions of any such order dealing with visitation.              4,224        

      (E)  Notwithstanding section 3109.01 of the Revised Code,    4,226        

if a court issues a child support order under this section, the    4,227        

order shall remain in effect beyond the child's eighteenth         4,228        

birthday as long as the child continuously attends on a full-time  4,229        

basis any recognized and accredited high school OR THE ORDER       4,231        

PROVIDES THAT THE DUTY OF SUPPORT OF THE CHILD CONTINUES BEYOND    4,232        

THE CHILD'S EIGHTEENTH BIRTHDAY.  EXCEPT IN CASES IN WHICH THE     4,234        

ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY PERIOD   4,235        

AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT REMAIN   4,236        

IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  Any parent        4,238        

ordered to pay support under a child support order issued under                 

this section shall continue to pay support under the order,        4,239        

including during seasonal vacation periods, until the order        4,240        

terminates.                                                        4,241        

      Sec. 3109.12.  (A)  If a child is born to an unmarried       4,250        

woman, the parents of the woman and any relative of the woman may  4,251        

file a complaint requesting the court of common pleas of the       4,252        

county in which the child resides to grant them reasonable         4,253        

companionship or visitation rights with the child.  If a child is  4,254        

born to an unmarried woman and if the father of the child has      4,255        

acknowledged the child AND THAT ACKNOWLEDGMENT HAS BECOME FINAL    4,256        

pursuant to section 2105.18 2151.232, 3111.211, OR 5101.314 of     4,258        

the Revised Code or has been determined in an action under         4,259        

Chapter 3111. of the Revised Code to be the father of the child,   4,260        

                                                          98     

                                                                 
the father, the parents of the father, and any relative of the     4,261        

father may file a complaint requesting the court of common pleas   4,262        

of the county in which the child resides to grant them reasonable  4,263        

companionship or visitation rights with respect to the child.      4,264        

      (B)  The court may grant the companionship or visitation     4,266        

rights requested under division (A) of this section, if it         4,267        

determines that the granting of the companionship or visitation    4,268        

rights is in the best interest of the child.  In determining       4,269        

whether to grant any person reasonable companionship or            4,270        

visitation rights with respect to any child, the court shall       4,271        

consider all relevant factors, including, but not limited to, the  4,272        

factors set forth in division (D) of section 3109.051 of the       4,273        

Revised Code.  Divisions (C), (K), and (L) of section 3109.051 of  4,274        

the Revised Code apply to the determination of reasonable          4,275        

companionship or visitation rights under this section and to any   4,276        

order granting any such rights that is issued under this section.  4,277        

      The marriage or remarriage of the mother or father of a      4,279        

child does not affect the authority of the court under this        4,280        

section to grant the natural father, the parents or relatives of   4,281        

the natural father, or the parents or relatives of the mother of   4,282        

the child reasonable companionship or visitation rights with       4,283        

respect to the child.                                              4,284        

      If the court denies a request for reasonable companionship   4,286        

or visitation rights made pursuant to division (A) of this         4,287        

section and the complainant files a written request for findings   4,288        

of fact and conclusions of law, the court shall state in writing   4,289        

its findings of fact and conclusions of law in accordance with     4,290        

Civil Rule 52.                                                     4,291        

      Except as provided in division (E)(6) of section 3113.31 of  4,293        

the Revised Code, if the court, pursuant to this section, grants   4,294        

any person companionship or visitation rights with respect to any  4,295        

child, it shall not require the public children services agency    4,296        

to provide supervision of or other services related to that        4,297        

person's exercise of companionship or visitation rights with       4,298        

                                                          99     

                                                                 
respect to the child.  This section does not limit the power of a  4,299        

juvenile court pursuant to Chapter 2151. of the Revised Code to    4,300        

issue orders with respect to children who are alleged to be        4,301        

abused, neglected, or dependent children or to make dispositions   4,302        

of children who are adjudicated abused, neglected, or dependent                 

children or of a common pleas court to issue orders pursuant to    4,303        

section 3113.31 of the Revised Code.                               4,304        

      Sec. 3109.19.  (A)  As used in this section, "minor" has     4,314        

the same meaning as in section 3107.01 of the Revised Code.        4,315        

      (B)(1)  If a child is born to parents who are unmarried and  4,317        

unemancipated minors, a parent of one of the minors is providing   4,319        

support for the minors' child, and the minors have not signed an   4,320        

acknowledgment of paternity or a parent and child relationship     4,321        

has not been established between the child and the male minor,     4,322        

the parent who is providing support for the child may request a    4,323        

determination of the existence or nonexistence of a parent and     4,324        

child relationship between the child and the male minor pursuant   4,325        

to Chapter 3111. of the Revised Code.                              4,326        

      (2)  If a child is born to parents who are unmarried and     4,329        

unemancipated minors, a parent of one of the minors is providing   4,330        

support for the child, and the minors have signed an               4,331        

acknowledgment of paternity THAT HAS BECOME FINAL pursuant to                   

section 2105.18 2151.232, 3111.211, OR 5101.314 of the Revised     4,334        

Code or a parent and child relationship has been established       4,335        

between the child and the male minor pursuant to Chapter 3111. of  4,336        

the Revised Code, the parent who is providing support for the      4,337        

child may file a complaint requesting that the court issue an      4,338        

order or may request the child support enforcement agency of the   4,339        

county in which the child resides to issue an administrative       4,340        

order requiring all of the minors' parents to pay support for the  4,341        

child.                                                                          

      (C)(1)  On receipt of a complaint filed under division       4,343        

(B)(2) of this section, the court shall schedule a hearing to      4,344        

determine, in accordance with sections 3113.21 to 3113.219 of the  4,346        

                                                          100    

                                                                 
Revised Code, the amount of child support the minors' parents are  4,348        

required to pay and, the method of paying the support, AND THE     4,349        

METHOD OF PROVIDING FOR THE CHILD'S HEALTH CARE NEEDS.  On         4,350        

receipt of a request under division (B)(2) of this section, the    4,352        

agency shall schedule a hearing to determine, in accordance with   4,353        

sections 3111.23 to 3111.28 and 3113.215 of the Revised Code, the  4,355        

amount of child support the minors' parents are required to pay    4,356        

for and, the method of paying the support, AND THE METHOD OF       4,357        

PROVIDING FOR THE CHILD'S HEALTH CARE NEEDS.  At the conclusion    4,358        

of the hearing, the court or agency shall issue an order           4,360        

requiring the payment of support of the child AND PROVISION FOR                 

THE CHILD'S HEALTH CARE NEEDS.  The court or agency shall          4,362        

calculate the child support amount using the income of the         4,363        

minors' parents instead of the income of the minors.  If any of    4,364        

the minors' parents are divorced, the court or agency shall        4,365        

calculate the child support as if they were married, and issue a   4,366        

child support order requiring the parents to pay a portion of any  4,367        

support imposed as a separate obligation.  If a child support      4,368        

order issued pursuant to section 2151.23, 2151.231, 2151.232,      4,369        

3111.13, 3111.20, 3111.21 3111.211, or 3111.22 of the Revised      4,371        

Code requires one of the minors to pay support for the child, the  4,372        

amount the minor is required to pay shall be deducted from any     4,373        

amount that minor's parents are required to pay pursuant to an     4,374        

order issued under this section.  The hearing shall be held not    4,375        

later than sixty days after the day the complaint is filed or the  4,376        

request is made nor earlier than thirty days after the court or    4,377        

agency gives the minors' parents notice of the action.                          

      (2)  An order issued by an agency for the payment of child   4,379        

support shall include a notice stating all of the following:       4,380        

that the parents of the minors may object to the order by filing   4,382        

a complaint pursuant to division (B)(2) of this section with the   4,383        

court requesting that the court issue an order requiring the       4,384        

minors' parents to pay support for the child AND PROVIDE FOR THE   4,385        

CHILD'S HEALTH CARE NEEDS; that the complaint may be filed no      4,386        

                                                          101    

                                                                 
later than thirty days after the date of the issuance of the       4,387        

agency's order; and that, if none of the parents of the minors     4,388        

file a complaint pursuant to division (B)(2) of this section, the  4,390        

agency's order is final and enforceable by a court and may be      4,391        

modified and enforced only in accordance with sections 3111.23 to  4,392        

3111.28 and sections 3113.21 to 3113.219 of the Revised Code.      4,393        

      (D)  An order issued by a court or agency under this         4,396        

section shall remain in effect, except as modified pursuant to     4,397        

sections 3113.21 to 3113.219 of the Revised Code with respect to   4,399        

a court-issued child support order or pursuant to sections         4,400        

3111.23 to 3111.28 and 3113.215 of the Revised Code with respect   4,401        

to an administrative child support order, until the occurrence of  4,402        

any of the following:                                                           

      (1)  The minor who resides with the parents required to pay  4,404        

support under this section reaches the age of eighteen years,      4,405        

dies, marries, enlists in the armed services, is deported, gains   4,406        

legal or physical custody of the child, or is otherwise            4,407        

emancipated.                                                       4,408        

      (2)  The child who is the subject of the order dies, is      4,410        

adopted, is deported, or is transferred to the legal or physical   4,411        

custody of the minor who lives with the parents required to pay    4,412        

support under this section.                                                     

      (3)  The minor's parents to whom support is being paid       4,414        

pursuant to this section is no longer providing any support for    4,415        

the child.                                                         4,416        

      (E)(1)  The minor's parents to whom support is being paid    4,418        

under a child support order issued by a court pursuant to this     4,419        

section shall notify, and the minor's parents who are paying       4,420        

support may notify the child support enforcement agency of the     4,421        

occurrence of any event described in division (D) of this          4,422        

section.  A willful failure to notify the agency as required by    4,423        

this division is contempt of court.  Upon receiving notification   4,424        

pursuant to this division, the agency shall comply with division   4,425        

(G)(4) of section 3113.21 of the Revised Code.                     4,427        

                                                          102    

                                                                 
      (2)  The minor's parents to whom support is being paid       4,429        

under a child support order issued by the agency pursuant to this  4,430        

section shall notify, and the minor's parents who are paying       4,431        

support may notify the child support enforcement agency of the     4,432        

occurrence of any event described in division (D) of this          4,433        

section.  Upon receiving notification pursuant to this division,   4,434        

the agency shall comply with division (E)(4) of section 3111.23    4,436        

of the Revised Code.                                                            

      Sec. 3111.02.  (A)  The parent and child relationship        4,445        

between a child and the child's natural mother may be established  4,446        

by proof of her having given birth to the child or pursuant to     4,447        

sections 3111.01 to 3111.19 or 3111.20 to 3111.29 of the Revised   4,448        

Code.  The parent and child relationship between a child and the   4,449        

natural father of the child may be established by a probate court               

entering an acknowledgment upon its journal OF PATERNITY as        4,451        

provided in section 2105.18 5101.314 of the Revised Code, and      4,453        

pursuant to sections 3111.01 to 3111.19 or 3111.20 to 3111.29 of   4,454        

the Revised Code.  The parent and child relationship between a                  

child and the adoptive parent of the child may be established by   4,455        

proof of adoption or pursuant to Chapter 3107. of the Revised      4,456        

Code.                                                                           

      (B)  A court that is determining a parent and child          4,458        

relationship pursuant to this chapter shall give full faith and    4,459        

credit to a parentage determination made under the laws of this    4,460        

state or another state, regardless of whether the parentage        4,461        

determination was made pursuant to a voluntary acknowledgement of               

paternity, an administrative procedure, or a court proceeding.     4,462        

      Sec. 3111.03.  (A)  A man is presumed to be the natural      4,471        

father of a child under any of the following circumstances:        4,472        

      (1)  The man and the child's mother are or have been         4,474        

married to each other, and the child is born during the marriage   4,475        

or is born within three hundred days after the marriage is         4,476        

terminated by death, annulment, divorce, or dissolution or after   4,477        

the man and the child's mother separate pursuant to a separation   4,478        

                                                          103    

                                                                 
agreement.                                                         4,479        

      (2)  The man and the child's mother attempted, before the    4,481        

child's birth, to marry each other by a marriage that was          4,482        

solemnized in apparent compliance with the law of the state in     4,483        

which the marriage took place, the marriage is or could be         4,484        

declared invalid, and either of the following apply APPLIES:       4,485        

      (a)  The marriage can only be declared invalid by a court    4,487        

and the child is born during the marriage or within three hundred  4,488        

days after the termination of the marriage by death, annulment,    4,489        

divorce, or dissolution;                                           4,490        

      (b)  The attempted marriage is invalid without a court       4,492        

order and the child is born within three hundred days after the    4,493        

termination of cohabitation.                                       4,494        

      (3)  The man and the child's mother, after the child's       4,496        

birth, married or attempted to marry each other by a marriage      4,497        

solemnized in apparent compliance with the law of the state in     4,498        

which the marriage took place, and any EITHER of the following     4,499        

occur OCCURS:                                                      4,500        

      (a)  The man has acknowledged his paternity of the child in  4,502        

a writing sworn to before a notary public;                         4,503        

      (b)  The man, with his consent, is named as the child's      4,505        

father on the child's birth certificate;                           4,506        

      (c)  The man is required to support the child by a written   4,508        

voluntary promise or by a court order.                             4,509        

      (4)  The man, with his consent, signs the child's birth      4,511        

certificate as an informant as provided in section 3705.09 of the  4,512        

Revised Code.                                                      4,513        

      (5)  A court enters upon its journal an acknowlegment AN     4,515        

ACKNOWLEDGMENT of paternity FILED WITH THE DIVISION OF CHILD       4,516        

SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES BECOMES FINAL          4,517        

pursuant to section 2105.18 2151.232, 3111.211, OR 5101.314 of     4,518        

the Revised Code.                                                  4,519        

      (6)(5)  A court or administrative body, pursuant to section  4,521        

3111.09, 3111.22, or 3115.24 3115.52 of the Revised Code or        4,523        

                                                          104    

                                                                 
otherwise, has ordered that genetic tests be conducted or the      4,524        

natural mother and alleged natural father voluntarily agreed to    4,525        

genetic testing pursuant to FORMER section 3111.21 or 3111.22 of   4,526        

the Revised Code to determine the father and child relationship    4,528        

and the results of the genetic tests indicate a probability of     4,529        

ninety-five NINETY-NINE per cent or greater that the man is the    4,531        

biological father of the child.                                                 

      (B)(1)  A presumption arises under division (A)(3) of this   4,533        

section regardless of the validity or invalidity of the marriage   4,534        

of the parents.  A presumption that arises under this section can  4,535        

only be rebutted by clear and convincing evidence that includes    4,536        

the results of genetic testing, except that a presumption that     4,537        

arises under division (A)(1) or (2) of this section is conclusive  4,539        

as provided in division (A) of section 3111.37 of the Revised      4,540        

Code and cannot be rebutted.  If two or more conflicting           4,542        

presumptions arise under this section, the court shall determine,  4,543        

based upon logic and policy considerations, which presumption      4,544        

controls.  IF A DETERMINATION DESCRIBED IN DIVISION (B)(3) OF      4,545        

THIS SECTION CONFLICTS WITH A PRESUMPTION THAT ARISES UNDER THIS   4,546        

SECTION THE DETERMINATION IS CONTROLLING.                          4,547        

      (2)  NOTWITHSTANDING DIVISION (B)(1) OF THIS SECTION, A      4,549        

PRESUMPTION THAT ARISES UNDER DIVISION (A)(4) OF THIS SECTION MAY  4,552        

ONLY BE REBUTTED AS PROVIDED IN DIVISION (B)(2) OF SECTION         4,554        

5101.314 OF THE REVISED CODE.                                      4,556        

      (3)  NOTWITHSTANDING DIVISION (A)(5) OF THIS SECTION, A      4,558        

FINAL AND ENFORCEABLE DETERMINATION FINDING THE EXISTENCE OF A     4,560        

FATHER AND CHILD RELATIONSHIP PURSUANT TO FORMER SECTION 3111.21   4,561        

OR SECTION 3111.22 OF THE REVISED CODE THAT IS BASED ON THE        4,562        

RESULTS OF GENETIC TESTS ORDERED PURSUANT TO EITHER OF THOSE       4,563        

SECTIONS, IS NOT A PRESUMPTION.                                    4,564        

      (C)  A PRESUMPTION OF PATERNITY THAT AROSE PURSUANT TO THIS  4,566        

SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT SHALL        4,567        

REMAIN VALID ON AND AFTER THAT DATE UNLESS REBUTTED PURSUANT TO    4,568        

DIVISION (B) OF THIS SECTION.  THIS DIVISION DOES NOT APPLY TO A   4,569        

                                                          105    

                                                                 
DETERMINATION DESCRIBED IN DIVISION (B)(3) OF THIS SECTION.        4,570        

      Sec. 3111.04.  (A)  An action to determine the existence or  4,579        

nonexistence of the father and child relationship may be brought   4,580        

by the child or the child's personal representative, the child's   4,581        

mother or her personal representative, a man alleged or alleging   4,582        

himself to be the child's father, the child support enforcement    4,583        

agency of the county in which the child resides if the child's     4,584        

mother is a recipient of public assistance as defined in section   4,585        

2301.351 of the Revised Code or of services under Title IV-D of    4,586        

the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651,  4,587        

as amended, or the alleged father's personal representative.       4,588        

      (B)  An agreement does not bar an action under this          4,590        

section.                                                           4,591        

      (C)  If an action under this section is brought before the   4,593        

birth of the child and if the action is contested, all             4,594        

proceedings, except service of process and the taking of           4,595        

depositions to perpetuate testimony, may be stayed until after     4,596        

the birth.                                                         4,597        

      (D)  A recipient of public assistance as defined in section  4,599        

2301.351 of the Revised Code or of services under Title IV-D of    4,600        

the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651,  4,601        

as amended, shall request COOPERATE WITH the child support         4,602        

enforcement agency of the county in which a child resides to make  4,604        

OBTAIN an administrative determination PURSUANT TO SECTION         4,606        

3111.22 OF THE REVISED CODE, OR, IF NECESSARY, A COURT                          

DETERMINATION PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE       4,607        

REVISED CODE, of the existence or nonexistence of a parent and     4,608        

child relationship between the father and the child pursuant to    4,609        

section 3111.22 of the Revised Code before the recipient           4,610        

commences an action to determine the existence or nonexistence of  4,611        

that parent and child relationship.  IF THE RECIPIENT FAILS TO     4,612        

COOPERATE, THE AGENCY MAY COMMENCE AN ACTION TO DETERMINE THE      4,613        

EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP       4,614        

BETWEEN THE FATHER AND THE CHILD PURSUANT TO SECTIONS 3111.01 TO   4,615        

                                                          106    

                                                                 
3111.19 OF THE REVISED CODE.                                                    

      (E)  AS USED IN THIS SECTION, "PUBLIC ASSISTANCE" MEANS      4,617        

MEDICAL ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE,        4,618        

ASSISTANCE UNDER CHAPTER 5107. OF THE REVISED CODE, OR DISABILITY  4,619        

ASSISTANCE UNDER CHAPTER 5115. OF THE REVISED CODE.                4,620        

      Sec. 3111.06.  (A)  The juvenile court has original          4,629        

jurisdiction of any action authorized under sections 3111.01 to    4,630        

3111.19 of the Revised Code.  An action may be brought under       4,631        

those sections in the juvenile court of the county in which the    4,632        

child, the child's mother, or the alleged father resides or is     4,633        

found or, if the alleged father is deceased, of the county in      4,634        

which proceedings for the probate of his THE ALLEGED FATHER'S      4,635        

estate have been or can be commenced, or of the county in which    4,636        

the child is being provided support by the department of human     4,637        

services of that county.  AN ACTION PURSUANT TO SECTIONS 3111.01   4,638        

TO 3111.19 OF THE REVISED CODE TO OBJECT TO AN ADMINISTRATIVE      4,639        

ORDER ISSUED PURSUANT TO FORMER SECTION 3111.21 OR SECTION         4,640        

3111.22 OF THE REVISED CODE DETERMINING THE EXISTENCE OR                        

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP THAT HAS NOT       4,641        

BECOME FINAL AND ENFORCEABLE, MAY BE BROUGHT ONLY IN THE JUVENILE  4,642        

COURT OF THE COUNTY IN WHICH THE CHILD SUPPORT ENFORCEMENT AGENCY  4,643        

THAT ISSUED THE ORDER IS LOCATED.  If an action for divorce,       4,644        

dissolution, or legal separation has been filed in a court of      4,645        

common pleas, that court of common pleas has original              4,646        

jurisdiction to determine if the parent and child relationship     4,647        

exists between one or both of the parties and any child alleged    4,648        

or presumed to be the child of one or both of the parties.         4,649        

      (B)  A person who has sexual intercourse in this state       4,651        

submits to the jurisdiction of the courts of this state as to an   4,652        

action brought under sections 3111.01 to 3111.19 of the Revised    4,653        

Code with respect to a child who may have been conceived by that   4,654        

act of intercourse.  In addition to any other method provided by   4,655        

the Rules of Civil Procedure, personal jurisdiction may be         4,656        

acquired by personal service of summons outside this state or by   4,657        

                                                          107    

                                                                 
certified mail with proof of actual receipt.                       4,658        

      Sec. 3111.07.  (A)  The natural mother, each man presumed    4,667        

to be the father under section 3111.03 of the Revised Code, each   4,668        

man alleged to be the natural father, and, if the party who        4,669        

initiates the action is a recipient of public assistance as        4,670        

defined in section 2301.351 3111.04 of the Revised Code or if the  4,672        

responsibility for the collection of support for the child who is  4,673        

the subject of the action has been assumed by the child support    4,674        

enforcement agency under Title IV-D of the "Social Security Act,"  4,675        

88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child       4,676        

support enforcement agency of the county in which the child        4,677        

resides shall be made parties to the action brought pursuant to    4,678        

sections 3111.01 to 3111.19 of the Revised Code or, if not         4,679        

subject to the jurisdiction of the court, shall be given notice    4,680        

of the action pursuant to the Rules of Civil Procedure and shall   4,681        

be given an opportunity to be heard.  The court may align the      4,682        

parties.  The child shall be made a party to the action unless a   4,683        

party shows good cause for not doing so.  Separate counsel shall   4,684        

be appointed for the child if the court finds that the child's     4,685        

interests conflict with those of the mother.                       4,686        

      If the person bringing the action knows that a particular    4,688        

man is not or, based upon the facts and circumstances present,     4,689        

could not be the natural father of the child, the person bringing  4,690        

the action shall not allege in the action that the man is the      4,691        

natural father of the child and shall not make the man a party to  4,692        

the action.                                                        4,693        

      (B)  If an action is brought pursuant to sections 3111.01    4,695        

to 3111.19 of the Revised Code and the child to whom the action    4,696        

pertains is or was being provided support by the department of     4,697        

human services, a county department of human services, or another  4,698        

public agency, the department, county department, or agency may    4,699        

intervene for purposes of collecting or recovering the support.    4,700        

      Sec. 3111.09.  (A)(1)  In any action instituted under        4,709        

sections 3111.01 to 3111.19 of the Revised Code, the court, upon   4,710        

                                                          108    

                                                                 
its own motion, may order and, upon the motion of any party to     4,711        

the action, shall order the child's mother, the child, the         4,712        

alleged father, and any other person who is a defendant in the     4,713        

action to submit to genetic tests.  If genetic tests are ordered   4,714        

upon the motion of a party or the court, the court shall order     4,715        

that the child's mother, the child, the alleged father, and any    4,716        

other defendant submit to genetic testing.  Instead of or in       4,717        

addition to genetic testing ordered pursuant to this section, the  4,718        

court may order the superintendent of the bureau of criminal       4,719        

identification and investigation to disclose information           4,720        

regarding a USE THE FOLLOWING INFORMATION TO DETERMINE THE         4,721        

EXISTENCE OF A PARENT AND CHILD RELATIONSHIP BETWEEN THE CHILD     4,722        

AND THE CHILD'S MOTHER, THE ALLEGED FATHER, OR ANOTHER DEFENDANT:  4,724        

      (a)  A DNA record of the child's mother, the child, the      4,729        

alleged father, or any other defendant that is stored in the DNA   4,730        

database pursuant to section 109.573 of the Revised Code and may   4,731        

use that information to determine the existence of a parent and                 

child relationship between the child and the child's mother, the   4,733        

alleged father, or another defendant.;                             4,734        

      (b)  RESULTS OF GENETIC TESTS CONDUCTED ON THE CHILD, THE    4,737        

CHILD'S MOTHER, THE ALLEGED FATHER, OR ANY OTHER DEFENDANT         4,738        

PURSUANT TO FORMER SECTION 3111.21 OR SECTION 3111.22 OF THE       4,739        

REVISED CODE.                                                                   

      IF THE COURT INTENDS TO USE THE INFORMATION DESCRIBED IN     4,742        

DIVISION (A)(1)(a) OF THIS SECTION, IT SHALL ORDER THE             4,743        

SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND        4,744        

INVESTIGATION TO DISCLOSE THE INFORMATION TO THE COURT.  IF THE    4,745        

COURT INTENDS TO USE THE GENETIC TEST RESULTS DESCRIBED IN         4,746        

DIVISION (A)(1)(b) OF THIS SECTION, IT SHALL ORDER THE AGENCY      4,747        

THAT ORDERED THE TESTS TO PROVIDE THE REPORT OF THE GENETIC TEST   4,748        

RESULTS TO THE COURT.                                                           

      (2)  If the child support enforcement agency is not made a   4,751        

party to the action, the clerk of the court shall schedule the     4,752        

genetic testing no later than thirty days after the court issues   4,753        

                                                          109    

                                                                 
its order.  If the agency is made a party to the action, the       4,754        

agency shall schedule the genetic testing in accordance with the   4,755        

rules adopted by the department of human services pursuant to      4,756        

section 2301.35 of the Revised Code.  If the alleged father of a   4,757        

child brings an action under sections 3111.01 to 3111.19 of the    4,758        

Revised Code and if the mother of the child willfully fails to     4,759        

submit to genetic testing or if the mother is the custodian of     4,760        

the child and willfully fails to submit the child to genetic       4,761        

testing, the court, ON THE MOTION OF THE ALLEGED FATHER, shall     4,762        

issue an order determining the existence of a parent and child     4,763        

relationship between the father and the child without genetic      4,764        

testing.  If the mother or other guardian or custodian of the      4,765        

child brings an action under sections 3111.01 to 3111.19 of the    4,766        

Revised Code and if the alleged father of the child willfully      4,767        

fails to submit himself to genetic testing or, if the alleged      4,768        

father is the custodian of the child and willfully fails to        4,769        

submit the child to genetic testing, the court shall issue an      4,770        

order determining the existence of a parent and child              4,771        

relationship between the father and the child without genetic      4,772        

testing.  If a party shows good cause for failing to submit to     4,773        

genetic testing or for failing to submit the child to genetic      4,774        

testing, the court shall not consider the failure to be willful.   4,775        

      (3)  EXCEPT AS PROVIDED IN DIVISION (A)(4) OF THIS SECTION,  4,778        

any fees charged for the tests shall be paid by the party that     4,779        

requests them, unless the custodian of the child is represented    4,780        

by the child support enforcement agency in its role as the agency  4,781        

providing enforcement of child support orders under Title IV-D of  4,782        

the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651,    4,783        

as amended, the custodian is a participant in Ohio works first     4,785        

under Chapter 5107. of the Revised Code for the benefit of the     4,787        

child, or the defendant in the action is found to be indigent, in  4,788        

which case the child support enforcement agency shall pay the      4,789        

costs of genetic testing.  The child support enforcement agency,   4,790        

within guidelines contained in that federal law, shall use funds   4,791        

                                                          110    

                                                                 
received pursuant to Title IV-D of the "Social Security Act," 88   4,792        

Stat. 2351 (1975), 42 U.S.C. 651, as amended, to pay the fees      4,793        

charged for the tests.  If                                                      

      EXCEPT AS PROVIDED IN DIVISION (A)(4) OF THIS SECTION, IF    4,795        

there is a dispute as to who shall pay the fees charged for        4,796        

genetic testing, the child support enforcement agency shall pay    4,797        

the fees, but neither the court nor the agency shall delay         4,798        

genetic testing due to a dispute as to who shall pay the genetic   4,799        

testing fees.  The child support enforcement agency or the person  4,800        

who paid the fees charged for the genetic testing may seek         4,801        

reimbursement for the genetic testing fees from the person         4,802        

against whom the court assesses the costs of the action.  Any      4,803        

funds used in accordance with this division by the child support   4,804        

enforcement agency shall be in addition to any other funds that    4,805        

the agency is entitled to receive as a result of any contractual   4,806        

provision for specific funding allocations for the agency between  4,807        

the county, the state, and the federal government.                 4,808        

      (4)  IF, PURSUANT TO FORMER SECTION 3111.21 OR SECTION       4,810        

3111.22 OF THE REVISED CODE, THE AGENCY HAS PREVIOUSLY CONDUCTED   4,813        

GENETIC TESTS ON THE CHILD, CHILD'S MOTHER, ALLEGED FATHER, OR     4,814        

ANY OTHER DEFENDANT AND THE CURRENT ACTION PURSUANT TO SECTION     4,815        

3111.01 TO 3111.19 OF THE REVISED CODE HAS BEEN BROUGHT TO OBJECT  4,817        

TO THE RESULT OF THOSE PREVIOUS TESTS, THE AGENCY SHALL NOT BE     4,818        

REQUIRED TO PAY THE FEES FOR CONDUCTING GENETIC TESTS PURSUANT TO  4,820        

THIS SECTION ON THE SAME PERSONS.                                               

      (B)(1)  The genetic tests shall be made by qualified         4,822        

examiners who are authorized by the court or the department of     4,823        

human services.  An examiner conducting a genetic test, upon the   4,824        

completion of the test, shall send a complete report of the test   4,825        

results to the clerk of the court that ordered the test or, if     4,826        

the agency is a party to the action, to the child support          4,827        

enforcement agency of the county in which the court that ordered                

the test is located.                                               4,828        

      (2)  If a court orders the superintendent of the bureau of   4,830        

                                                          111    

                                                                 
criminal identification and investigation to disclose information  4,831        

regarding a DNA record stored in the DNA database pursuant to      4,832        

section 109.573 of the Revised Code, the superintendent shall      4,833        

send the information to the clerk of the court that issued the     4,835        

order or, if the agency is a party to the action, to the child     4,836        

support enforcement agency of the county in which the court that                

issued the order is located.                                       4,837        

      (3)  IF A COURT ORDERS THE CHILD SUPPORT ENFORCEMENT AGENCY  4,839        

TO PROVIDE THE REPORT OF THE GENETIC TEST RESULTS OBTAINED         4,840        

PURSUANT TO FORMER SECTION 3111.21 OR SECTION 3111.22 OF THE       4,842        

REVISED CODE, THE AGENCY SHALL SEND THE INFORMATION TO THE PERSON               

OR GOVERNMENT ENTITY DESIGNATED BY THE COURT THAT ISSUED THE       4,843        

ORDER.                                                                          

      (4)  The clerk or, agency, OR PERSON OR GOVERNMENT ENTITY    4,846        

UNDER DIVISION (B)(3) OF THIS SECTION that receives a report or    4,847        

information pursuant to division (B)(1), (2), OR (3) of this       4,849        

section shall mail a copy of the report or information to the      4,851        

attorney of record for each party or, if a party is not            4,853        

represented by an attorney, to the party.  The clerk or, agency,   4,854        

OR PERSON OR GOVERNMENT ENTITY UNDER DIVISION (B)(3) OF THIS       4,855        

SECTION that receives a copy of the report or information shall    4,856        

include with the report or information sent to an attorney of      4,858        

record of a party or a party a notice that the party may object    4,859        

to the admission into evidence of the report or information by     4,860        

filing a written objection as described in division (D) of         4,861        

section 3111.12 of the Revised Code with the court that ordered    4,862        

the tests or ordered the disclosure of the information no later    4,863        

than fourteen days after the report or information was mailed to   4,864        

the attorney of record or to the party.  The examiners may be      4,866        

called as witnesses to testify as to their findings.  Any party    4,867        

may demand that other qualified examiners perform independent      4,868        

genetic tests under order of the court.  The number and            4,869        

qualifications of the independent examiners shall be determined    4,870        

by the court.                                                                   

                                                          112    

                                                                 
      (C)  Nothing in this section prevents any party to the       4,872        

action from producing other expert evidence on the issue covered   4,873        

by this section, but, if other expert witnesses are called by a    4,874        

party to the action, the fees of these expert witnesses shall be   4,875        

paid by the party calling the witnesses and only ordinary witness  4,876        

fees for these expert witnesses shall be taxed as costs in the     4,877        

action.                                                            4,878        

      (D)  If the court finds that the conclusions of all the      4,880        

examiners are that the alleged father is not the father of the     4,881        

child, the court shall enter judgment that the alleged father is   4,882        

not the father of the child.  If the examiners disagree in their   4,883        

findings or conclusions, the court or jury shall determine the     4,884        

father of the child based upon all the evidence.                   4,885        

      (E)  As used in sections 3111.01 to 3111.29 of the Revised   4,887        

Code:                                                                           

      (1)  "Genetic tests" and "genetic testing" mean either of    4,889        

the following:                                                                  

      (a)  Tissue or blood tests, including tests that identify    4,893        

the presence or absence of common blood group antigens, the red    4,894        

blood cell antigens, human lymphocyte antigens, serum enzymes,     4,895        

serum proteins, or genetic markers;                                4,896        

      (b)  Deoxyribonucleic acid typing of blood or buccal cell    4,898        

samples.                                                                        

      "Genetic test" and "genetic testing" may include the typing  4,900        

and comparison of deoxyribonucleic acid derived from the blood of  4,901        

one individual and buccal cells of another.                        4,902        

      (2)  "DNA record" and "DNA database" have the same meanings  4,905        

as in section 109.573 of the Revised Code.                                      

      Sec. 3111.111.  IF AN ACTION IS BROUGHT PURSUANT TO          4,907        

SECTIONS 3111.01 TO 3111.19 OF THE REVISED CODE TO OBJECT TO A     4,909        

DETERMINATION MADE PURSUANT TO FORMER SECTION 3111.21 OR SECTION   4,910        

3111.22 OF THE REVISED CODE THAT THE ALLEGED FATHER IS THE         4,914        

NATURAL FATHER OF A CHILD, THE COURT, ON ITS OWN MOTION OR ON THE  4,915        

MOTION OF EITHER PARTY, SHALL ISSUE A TEMPORARY ORDER FOR THE      4,916        

                                                          113    

                                                                 
SUPPORT OF THE CHILD PURSUANT TO SECTION 3113.21 TO 3113.219 OF    4,917        

THE REVISED CODE REQUIRING THE ALLEGED FATHER TO PAY SUPPORT TO    4,919        

THE NATURAL MOTHER OR THE GUARDIAN OR LEGAL CUSTODIAN OF THE                    

CHILD.  THE ORDER SHALL REMAIN IN EFFECT UNTIL THE COURT ISSUES A  4,921        

JUDGMENT IN THE ACTION PURSUANT TO SECTION 3111.13 OF THE REVISED  4,922        

CODE THAT DETERMINES THE EXISTENCE OR NONEXISTENCE OF A FATHER     4,923        

AND CHILD RELATIONSHIP.  IF THE COURT, IN ITS JUDGMENT,            4,924        

DETERMINES THAT THE ALLEGED FATHER IS NOT THE NATURAL FATHER OF    4,925        

THE CHILD, THE COURT SHALL ORDER THE PERSON TO WHOM THE TEMPORARY  4,926        

SUPPORT WAS PAID UNDER THE ORDER TO REPAY THE ALLEGED FATHER ALL   4,927        

AMOUNTS PAID FOR SUPPORT UNDER THE TEMPORARY ORDER.                4,928        

      Sec. 3111.12.  (A)  In an action under sections 3111.01 to   4,937        

3111.19 of the Revised Code, the mother of the child and the       4,938        

alleged father are competent to testify and may be compelled to    4,939        

testify by subpoena.  If a witness refuses to testify upon the     4,940        

ground that the testimony or evidence of the witness might tend    4,941        

to incriminate the witness and the court compels the witness to    4,942        

testify, the court may grant the witness immunity from having the  4,943        

testimony of the witness used against the witness in subsequent    4,944        

criminal proceedings.                                                           

      (B)  Testimony of a physician concerning the medical         4,946        

circumstances of the mother's pregnancy and the condition and      4,947        

characteristics of the child upon birth is not privileged.         4,948        

      (C)  Testimony relating to sexual access to the mother by a  4,950        

man at a time other than the probable time of conception of the    4,951        

child is inadmissible in evidence, unless offered by the mother.   4,952        

      (D)  If, pursuant to section 3111.09 of the Revised Code, a  4,954        

court orders genetic tests to be conducted or, orders disclosure   4,955        

of information regarding a DNA record stored in the DNA database   4,957        

pursuant to section 109.573 of the Revised Code, OR INTENDS TO     4,958        

USE A REPORT OF GENETIC TEST RESULTS OBTAINED FROM TESTS                        

CONDUCTED PURSUANT TO FORMER SECTION 3111.21 OR SECTION 3111.22    4,959        

OF THE REVISED CODE, a party may object to the admission into      4,961        

evidence of the report ANY of the GENETIC test results or of the   4,962        

                                                          114    

                                                                 
DNA record information by filing a written objection with the      4,964        

court that ordered the tests or disclosure OR INTENDS TO USE A     4,965        

REPORT OF GENETIC TEST RESULTS.  The party shall file the written  4,966        

objection with the court no later than fourteen days after the     4,968        

report of the test results or the DNA record information is        4,969        

mailed to the attorney of record of a party or to a party.  The    4,970        

party making the objection shall send a copy of the objection to   4,971        

all parties.                                                                    

      If a party files a written objection, the report of the      4,973        

test results or the DNA record information shall be admissible     4,975        

into evidence as provided by the Rules of Evidence.  If a written               

objection is not filed, the report of the test results or the DNA  4,976        

record information shall be admissible into evidence without the   4,978        

need for foundation testimony or other proof of authenticity or    4,979        

accuracy.                                                                       

      (E)  Any party to an action brought pursuant to sections     4,981        

3111.01 to 3111.19 of the Revised Code may demand a jury trial by  4,982        

filing the demand within three days after the action is set for    4,983        

trial.  If a jury demand is not filed within the three-day         4,984        

period, the trial shall be by the court.                           4,985        

      If the action is tried to a jury, the verdict of the jury    4,987        

is limited only to the parentage of the child, and all other       4,988        

matters involved in the action shall be determined by the court    4,989        

following the rendering of the verdict IF A PARTY INTENDS TO       4,992        

INTRODUCE INTO EVIDENCE INVOICES OR OTHER DOCUMENTS SHOWING                     

AMOUNTS EXPENDED TO COVER PREGNANCY AND CONFINEMENT AND GENETIC    4,993        

TESTING, THE PARTY SHALL NOTIFY ALL OTHER PARTIES IN WRITING OF    4,994        

THAT INTENT AND INCLUDE COPIES OF THE INVOICES AND DOCUMENTS.  A   4,995        

PARTY MAY OBJECT TO THE ADMISSION INTO EVIDENCE OF THE INVOICES    4,996        

OR DOCUMENTS BY FILING A WRITTEN OBJECTION WITH THE COURT THAT IS  4,998        

HEARING THE ACTION NO LATER THAN FOURTEEN DAYS AFTER THE NOTICE    4,999        

AND THE COPIES OF THE INVOICES AND DOCUMENTS ARE MAILED TO THE     5,000        

ATTORNEY OF RECORD OF EACH PARTY OR TO EACH PARTY.                              

      IF A PARTY FILES A WRITTEN OBJECTION, THE INVOICES AND       5,002        

                                                          115    

                                                                 
OTHER DOCUMENTS SHALL BE ADMISSIBLE INTO EVIDENCE AS PROVIDED BY   5,003        

THE RULES OF EVIDENCE.  IF A WRITTEN OBJECTION IS NOT FILED, THE   5,005        

INVOICES OR OTHER DOCUMENTS ARE ADMISSIBLE INTO EVIDENCE WITHOUT                

THE NEED FOR FOUNDATION TESTIMONY OR OTHER EVIDENCE OF             5,007        

AUTHENTICITY OR ACCURACY.                                          5,008        

      (F)  A juvenile court shall give priority to actions under   5,010        

sections 3111.01 to 3111.19 of the Revised Code and shall issue    5,011        

an order determining the existence or nonexistence of a parent     5,012        

and child relationship no later than one hundred twenty days       5,013        

after the date on which the action was brought in the juvenile     5,014        

court.                                                             5,015        

      Sec. 3111.13.  (A)  The judgment or order of the court       5,024        

determining the existence or nonexistence of the parent and child  5,025        

relationship is determinative for all purposes.                    5,026        

      (B)  If the judgment or order of the court is at variance    5,028        

with the child's birth record, the court may order that a new      5,029        

birth record be issued under section 3111.18 of the Revised Code.  5,030        

      (C)  The judgment or order may contain any other provision   5,032        

directed against the appropriate party to the proceeding,          5,033        

concerning the duty of support, the furnishing of bond or other    5,034        

security for the payment of the judgment, or any other matter in   5,035        

the best interest of the child.  The judgment or order shall       5,036        

direct the father to pay all or any part of the reasonable         5,037        

expenses of the mother's pregnancy and confinement.  After entry   5,038        

of the judgment or order, the father may petition that he be       5,039        

designated the residential parent and legal custodian of the       5,040        

child or for visitation rights in a proceeding separate from any   5,041        

action to establish paternity.  Additionally, if the mother is     5,042        

unmarried, the father, the parents of the father, any relative of  5,043        

the father, the parents of the mother, and any relative of the     5,044        

mother may file a complaint pursuant to section 3109.12 of the     5,045        

Revised Code requesting the granting under that section of         5,046        

reasonable companionship or visitation rights with respect to the  5,047        

child.                                                             5,048        

                                                          116    

                                                                 
      The judgment or order shall contain any provision required   5,050        

by division (B) of section 3111.14 of the Revised Code.            5,051        

      (D)  Support judgments or orders ordinarily shall be for     5,053        

periodic payments that may vary in amount.  In the best interest   5,054        

of the child, a lump-sum payment or the purchase of an annuity     5,055        

may be ordered in lieu of periodic payments of support.            5,056        

      (E)  In determining the amount to be paid by a parent for    5,058        

support of the child and the period during which the duty of       5,059        

support is owed, a court enforcing the obligation of support       5,060        

shall comply with sections 3113.21 to 3113.219 of the Revised      5,061        

Code.                                                              5,062        

      (F)(1)  Each order for child support made or modified under  5,064        

this section on or after December 31, 1993, shall include as part  5,065        

of the order a general provision, as described in division (A)(1)  5,066        

of section 3113.21 of the Revised Code, requiring the withholding  5,067        

or deduction of wages INCOME or assets of the obligor under the    5,068        

order as described in division (D) or (H) of section 3113.21 of    5,070        

the Revised Code, or another type of appropriate requirement as    5,071        

described in division (D)(6)(3), (D)(7)(4), or (H) of that         5,073        

section, to ensure that withholding or deduction from the wages    5,074        

INCOME or assets of the obligor is available from the              5,076        

commencement of the support order for collection of the support    5,077        

and of any arrearages that occur; a statement requiring all        5,078        

parties to the order to notify the child support enforcement       5,079        

agency in writing of their current mailing address, their current  5,080        

residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT     5,081        

DRIVER'S LICENSE NUMBER, and any changes in either address TO      5,082        

THAT INFORMATION; and a notice that the requirement to notify the  5,084        

agency of all changes in either address TO THAT INFORMATION                     

continues until further notice from the court.  Any court that     5,086        

makes or modifies an order for child support under this section    5,087        

on or after April 12, 1990, shall comply with sections 3113.21 to  5,088        

3113.219 of the Revised Code.  If any person required to pay       5,089        

child support under an order made under this section on or after   5,090        

                                                          117    

                                                                 
April 15, 1985, or modified on or after December 1, 1986, is       5,091        

found in contempt of court for failure to make support payments    5,092        

under the order, the court that makes the finding, in addition to  5,093        

any other penalty or remedy imposed, shall assess all court costs  5,094        

arising out of the contempt proceeding against the person and      5,095        

require the person to pay any reasonable attorney's fees of any    5,096        

adverse party, as determined by the court, that arose in relation  5,097        

to the act of contempt.                                            5,098        

      (2)  Notwithstanding section 3109.01 of the Revised Code,    5,100        

if a court issues a child support order under this section, the    5,101        

order shall remain in effect beyond the child's eighteenth         5,102        

birthday as long as the child continuously attends on a full-time  5,103        

basis any recognized and accredited high school OR THE ORDER       5,105        

PROVIDES THAT THE DUTY OF SUPPORT OF THE CHILD CONTINUES BEYOND    5,106        

THE CHILD'S EIGHTEENTH BIRTHDAY.  EXCEPT IN CASES IN WHICH THE     5,108        

ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY PERIOD   5,109        

AFTER THE CHILD REACHES NINETEEN YEARS OF AGE, THE ORDER SHALL     5,110        

NOT REMAIN IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  Any    5,111        

parent ordered to pay support under a child support order issued   5,112        

under this section shall continue to pay support under the order,  5,113        

including during seasonal vacation periods, until the order        5,114        

terminates.                                                        5,115        

      (3)  When a court determines whether to require a parent to  5,117        

pay an amount for that parent's failure to support a child prior   5,118        

to the date the court issues an order requiring that parent to     5,119        

pay an amount for the current support of that child, it shall      5,120        

consider all relevant factors, including, but not limited to, any  5,121        

monetary contribution either parent of the child made to the       5,122        

support of the child prior to the court issuing the order          5,123        

requiring the parent to pay an amount for the current support of   5,124        

the child.                                                         5,125        

      (G)  As used in this section, "birth record" has the same    5,127        

meaning as in section 3705.01 of the Revised Code.                 5,128        

      (H)  UNLESS THE COURT HAS REASON TO BELIEVE THAT A PERSON    5,130        

                                                          118    

                                                                 
NAMED IN THE ORDER IS A POTENTIAL VICTIM OF DOMESTIC VIOLENCE,     5,131        

ANY ORDER ISSUED PURSUANT TO THIS SECTION FINDING THE EXISTENCE    5,133        

OF A PARENT AND CHILD RELATIONSHIP SHALL CONTAIN THE FULL NAMES,   5,134        

ADDRESSES, AND SOCIAL SECURITY NUMBERS OF THE MOTHER AND FATHER    5,135        

OF THE CHILD AND THE FULL NAME AND ADDRESS OF THE CHILD.           5,136        

      Sec. 3111.20.  (A)  As used in sections 3111.20 to 3111.29   5,145        

of the Revised Code:                                               5,146        

      (1)  "Obligor" means the person required to pay support      5,148        

under an administrative support order.                             5,149        

      (2)  "Obligee" means the person entitled to receive the      5,151        

support payments under an administrative support order.            5,152        

      (3)  "Administrative support order" means an administrative  5,154        

order for the payment of support that is issued by a child         5,155        

support enforcement agency.                                        5,156        

      (4)  "Support" means child support.                          5,158        

      (5)  "Personal earnings" means compensation paid or payable  5,160        

for personal services, however denominated, and includes, but is   5,161        

not limited to, wages, salary, commissions, bonuses, draws         5,162        

against commissions, profit sharing, and vacation pay.             5,163        

      (6)  "Financial institution" means a bank, savings and loan  5,165        

association, or credit union, or a regulated investment company    5,166        

or mutual fund in which a person who is required to pay support    5,167        

has funds on deposit that are not exempt under the law of this     5,168        

state or the United States from execution, attachment, or other    5,169        

legal process.                                                     5,170        

      (7)  "Title IV-D case" means any case in which the child     5,172        

support enforcement agency is enforcing the support order          5,173        

pursuant to Title IV-D of the "Social Security Act," 88 Stat.      5,174        

2351 (1975), 42 U.S.C. 651, as amended.                            5,175        

      (8)  "PAYOR" MEANS ANY PERSON OR ENTITY THAT DISTRIBUTES     5,178        

INCOME TO AN OBLIGOR INCLUDING, THE OBLIGOR, IF THE OBLIGOR IS     5,179        

SELF-EMPLOYED; AN EMPLOYER; AN EMPLOYER THAT IS PAYING THE         5,180        

OBLIGOR'S WORKERS' COMPENSATION BENEFITS; THE PUBLIC EMPLOYEES     5,181        

RETIREMENT BOARD; THE GOVERNING ENTITY OF ANY MUNICIPAL            5,182        

                                                          119    

                                                                 
RETIREMENT SYSTEM; THE BOARD OF TRUSTEES OF THE POLICE AND         5,183        

FIREMEN'S DISABILITY AND PENSION FUND; THE STATE TEACHERS          5,184        

RETIREMENT BOARD; THE SCHOOL EMPLOYEES RETIREMENT BOARD; THE       5,185        

STATE HIGHWAY PATROL RETIREMENT BOARD; A PERSON PAYING OR          5,186        

OTHERWISE DISTRIBUTING AN OBLIGOR'S INCOME; THE BUREAU OF          5,187        

WORKERS' COMPENSATION; OR ANY OTHER PERSON OR ENTITY, EXCEPT THE   5,188        

BUREAU OF EMPLOYMENT SERVICES WITH RESPECT TO UNEMPLOYMENT         5,189        

COMPENSATION BENEFITS PAID PURSUANT TO CHAPTER 4141. OF THE        5,191        

REVISED CODE.                                                                   

      (9)  "INCOME" MEANS ANY FORM OF MONETARY PAYMENT INCLUDING,  5,194        

PERSONAL EARNINGS; UNEMPLOYMENT COMPENSATION BENEFITS TO THE       5,195        

EXTENT PERMITTED BY, AND IN ACCORDANCE WITH, SECTION 2301.371 OF   5,196        

THE REVISED CODE, DIVISION (D)(4) OF SECTION 4141.28 OF THE        5,198        

REVISED CODE, AND FEDERAL LAW GOVERNING THE BUREAU OF EMPLOYMENT   5,199        

SERVICES; WORKERS' COMPENSATION PAYMENTS; PENSIONS; ANNUITIES;     5,201        

ALLOWANCES; RETIREMENT BENEFITS; DISABILITY OR SICK PAY;           5,202        

INSURANCE PROCEEDS; LOTTERY PRIZE AWARDS; FEDERAL, STATE, OR       5,203        

LOCAL GOVERNMENT BENEFITS TO THE EXTENT THAT THE BENEFITS CAN BE   5,204        

WITHHELD OR DEDUCTED UNDER THE LAW GOVERNING THE BENEFITS; ANY     5,205        

FORM OF TRUST FUND OR ENDOWMENT; LUMP-SUM PAYMENTS; AND ANY OTHER  5,206        

MONETARY PAYMENTS.                                                              

      (B)  A man who is presumed to be the natural father of a     5,209        

child pursuant to section 3111.03 of the Revised Code assumes the  5,210        

parental duty of support with respect to the child.                5,211        

      (C)  Notwithstanding section 3109.01 of the Revised Code, a  5,213        

parent's duty of support for a child shall continue beyond the     5,214        

age of majority as long as the child continuously attends on a     5,215        

full-time basis any recognized and accredited high school OR A     5,217        

COURT-ISSUED CHILD SUPPORT ORDER PROVIDES THAT THE DUTY OF                      

SUPPORT CONTINUES BEYOND THE AGE OF MAJORITY.  EXCEPT IN CASES IN  5,218        

WHICH A CHILD SUPPORT ORDER REQUIRES THE DUTY OF SUPPORT TO        5,219        

CONTINUE FOR ANY PERIOD AFTER THE CHILD REACHES NINETEEN YEARS OF  5,220        

AGE, THE DUTY DOES NOT CONTINUE AFTER THE CHILD REACHES NINETEEN   5,221        

YEARS OF AGE.  The parental duty of support shall continue during  5,222        

                                                          120    

                                                                 
seasonal vacations.                                                5,223        

      A parent, guardian, or legal custodian of a child, the       5,225        

person with whom the child resides, or the child support           5,226        

enforcement agency of the county in which the child, parent,       5,227        

guardian, or legal custodian of the child resides may file a       5,229        

complaint pursuant to section 2151.231 of the Revised Code in the  5,230        

juvenile court of that county requesting the court to order a      5,231        

parent who neglects or does not assume the parental duty of        5,232        

support to pay an amount for the support of the child and to       5,233        

provide for the health care needs of the child AND TO PROVIDE FOR  5,234        

THE HEALTH CARE NEEDS OF THE CHILD, may contact a child support    5,235        

enforcement agency for assistance in obtaining the order, or may   5,236        

request an administrative officer of a child support enforcement   5,237        

agency to issue an administrative order for the payment of child   5,238        

support AND PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD       5,239        

pursuant to division (D) of this section.  Upon the filing of the  5,241        

complaint or the making of the request, the court shall issue an   5,242        

order requiring the payment of support for the child AND           5,243        

PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD, pursuant to                   

section 2151.231 of the Revised Code, or the administrative        5,245        

officer, pursuant to division (D) of this section, shall issue an  5,246        

order requiring the payment of support for the child AND                        

PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD.                  5,247        

      A party to a request made under this division may raise the  5,249        

issue of the existence or nonexistence of a parent-child           5,250        

relationship between the presumed natural father and the child     5,251        

UNLESS THE PRESUMPTION IS BASED ON ACKNOWLEDGMENT OF PATERNITY     5,252        

THAT HAS BECOME FINAL PURSUANT TO SECTION 2151.232, 3111.211, OR   5,253        

5101.314 OF THE REVISED CODE.  If a request is made for an                      

administrative order of PROVIDING FOR support AND HEALTH CARE      5,255        

NEEDS pursuant to division (D) of this section and the issue of    5,256        

the existence or nonexistence of a parent-child relationship is    5,257        

raised, the administrative officer shall treat the request as a    5,258        

request made pursuant to section 3111.22 of the Revised Code and   5,259        

                                                          121    

                                                                 
determine the issue pursuant to that section.  The administrative  5,261        

officer may issue an order pursuant to division (D) of this        5,262        

section if the administrative proceeding terminates before a                    

determination of the existence or nonexistence of a parent-child   5,263        

relationship is made and the termination is due to the presumed    5,265        

natural father's failure to sign an acknowledgment of paternity,   5,266        

sign an agreement to be bound by the results of genetic testing,   5,268        

or appear at the administrative hearing without showing good       5,269        

cause for the failure to appear, or the proceedings terminate      5,270        

because of the presumed natural father's failure to submit to      5,272        

genetic testing or submit the child to genetic testing.  An        5,273        

administrative order issued pursuant to division (D) of this       5,275        

section does not preclude a party from requesting a determination  5,276        

of the issue of the existence or nonexistence of a parent-child    5,277        

PARENT AND CHILD relationship pursuant to this chapter if the      5,278        

issue is WAS not determined with respect to the party in the       5,280        

proceedings conducted pursuant to division (D) of this section OR  5,281        

PURSUANT TO AN ACKNOWLEDGMENT OF PATERNITY THAT HAS BECOME FINAL   5,282        

UNDER SECTION 2151.232, 3111.211, OR 5101.314 OF THE REVISED                    

CODE.  An order issued pursuant to division (D) of this section    5,284        

shall remain effective until a final and enforceable               5,285        

determination is made pursuant to this chapter that a                           

parent-child relationship does not exist between the presumed      5,286        

natural father and the child or until the occurrence of an event   5,287        

described in division (E)(4)(a) of section 3111.23 of the Revised  5,288        

Code that requires the order to be terminated.                     5,289        

      (D)  If a request is made pursuant to division (C) of this   5,291        

section OR DIVISION (A) OF SECTION 3111.211 OF THE REVISED CODE    5,292        

for an administrative order requiring the payment of child         5,294        

support AND PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD, the               

administrative officer shall schedule an administrative hearing    5,296        

to determine, in accordance with sections 3111.23 to 3111.29 and   5,297        

3113.215 of the Revised Code, the amount of child support either   5,298        

parent is required to pay and, the method of paying that child     5,300        

                                                          122    

                                                                 
support, AND THE METHOD OF PROVIDING FOR THE CHILD'S HEALTH CARE.  5,301        

The hearing shall be held not later than sixty days after the      5,302        

issuance of the administrative order REQUEST IS MADE PURSUANT TO   5,303        

DIVISION (A) OF THIS SECTION OR DIVISION (A) OF SECTION 3111.211   5,304        

OF THE REVISED CODE nor earlier than thirty days after the         5,305        

officer gives the mother and father of the child notice of the     5,306        

action.  When an administrative officer issues an administrative   5,307        

order for the payment of support AND PROVISION FOR THE CHILD'S     5,308        

HEALTH CARE, all of the following apply:                           5,309        

      (1)  An THE administrative SUPPORT order for the payment of  5,312        

support ordinarily shall be for REQUIRE periodic payments OF       5,313        

SUPPORT that may vary in amount.  In, EXCEPT THAT, IF IT IS IN     5,315        

the best interest of the child, the administrative officer may     5,317        

order a lump sum payment or the purchase of an annuity in lieu of  5,318        

periodic payments of support.                                                   

      (2)  THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE THE      5,320        

PARENTS TO PROVIDE FOR THE HEALTH CARE NEEDS OF THE CHILD IN       5,321        

ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE.              5,322        

      The administrative SUPPORT order for the payment of support  5,325        

shall include a notice stating that the mother or the father may   5,326        

object to the administrative order by bringing an action for the                

payment of support AND PROVISION FOR THE CHILD'S HEALTH CARE       5,327        

under section 2151.321 of the Revised Code in the juvenile court   5,329        

of the county in which the child or the guardian or legal          5,330        

custodian of the child resides, that the action may be brought no  5,331        

later than thirty days after the date of the issuance of the       5,332        

administrative SUPPORT order requiring the payment of child        5,333        

support, and that, if neither the mother nor the father brings an  5,334        

action for the payment of support AND PROVISION FOR THE CHILD'S                 

HEALTH CARE within that thirty-day period, the administrative      5,336        

SUPPORT order requiring the payment of support is final and        5,338        

enforceable by a court and may be modified and enforced only AS    5,339        

PROVIDED in accordance with sections 3111.20 to 3111.28 and        5,340        

3113.21 to 3113.219 of the Revised Code.                           5,341        

                                                          123    

                                                                 
      Sec. 3111.21.  IF THE NATURAL MOTHER AND ALLEGED FATHER OF   5,343        

A CHILD SIGN AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT PREPARED     5,344        

PURSUANT TO SECTION 5101.324 OF THE REVISED CODE WITH RESPECT TO   5,347        

THAT CHILD AT A CHILD SUPPORT ENFORCEMENT AGENCY, THE AGENCY       5,348        

SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE THE ACKNOWLEDGMENT.      5,349        

THE AGENCY SHALL SEND A SIGNED AND NOTARIZED ACKNOWLEDGMENT OF     5,351        

PATERNITY TO THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF    5,352        

HUMAN SERVICES PURSUANT TO SECTION 5101.314 OF THE REVISED CODE.   5,354        

THE AGENCY SHALL SEND THE ACKNOWLEDGMENT NO LATER THAN TEN DAYS    5,355        

AFTER IT HAS BEEN SIGNED AND NOTARIZED.  IF THE AGENCY KNOWS A     5,356        

MAN IS PRESUMED UNDER SECTION 3111.03 OF THE REVISED CODE TO BE    5,357        

THE FATHER OF THE CHILD, THE AGENCY SHALL NOT NOTARIZE OR SEND AN  5,359        

ACKNOWLEDGMENT WITH RESPECT TO THE CHILD PURSUANT TO THIS                       

SECTION.                                                           5,360        

      Sec. 3111.211.  (A)  IF AN ACKNOWLEDGMENT HAS BEEN FILED     5,362        

AND ENTERED INTO THE BIRTH REGISTRY PURSUANT TO SECTION 5101.314   5,363        

OF THE REVISED CODE BUT HAS NOT YET BECOME FINAL, EITHER OF THE    5,365        

PERSONS WHO SIGNED THE ACKNOWLEDGMENT MAY REQUEST THAT AN          5,366        

ADMINISTRATIVE OFFICER OF A CHILD SUPPORT ENFORCEMENT AGENCY       5,367        

ISSUE AN ADMINISTRATIVE ORDER PURSUANT TO DIVISION (B) OF THIS     5,368        

SECTION FOR PAYMENT OF CHILD SUPPORT AND PROVIDING FOR THE HEALTH  5,369        

CARE NEEDS OF THE CHILD.                                                        

      A PARTY TO A REQUEST MADE UNDER THIS SECTION MAY RAISE THE   5,371        

ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD       5,372        

RELATIONSHIP.  IF A REQUEST IS MADE PURSUANT TO THIS SECTION AND   5,373        

THE ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD   5,374        

RELATIONSHIP IS RAISED, THE ADMINISTRATIVE OFFICER SHALL TREAT     5,375        

THE REQUEST AS A REQUEST MADE PURSUANT TO SECTION 3111.22 OF THE   5,376        

REVISED CODE AND DETERMINE THE ISSUE IN ACCORDANCE WITH THAT       5,378        

SECTION.  THE ADMINISTRATIVE OFFICER SHALL PROMPTLY NOTIFY THE     5,379        

DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES      5,380        

THAT PROCEEDINGS ARE BEING CONDUCTED IN COMPLIANCE WITH SECTION    5,381        

3111.22 OF THE REVISED CODE.  ON RECEIPT OF THE NOTICE BY THE      5,382        

DIVISION, THE ACKNOWLEDGMENT OF PATERNITY SIGNED BY THE PARTIES    5,383        

                                                          124    

                                                                 
AND FILED PURSUANT TO SECTION 5101.314 OF THE REVISED CODE SHALL   5,385        

BE CONSIDERED RESCINDED.                                                        

      IF THE PARTIES DO NOT RAISE THE ISSUE OF THE EXISTENCE OR    5,387        

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP PURSUANT TO THE    5,388        

REQUEST MADE UNDER THIS SECTION AND AN ADMINISTRATIVE ORDER IS     5,390        

ISSUED PURSUANT TO DIVISION (B) OF THIS SECTION PRIOR TO THE DATE  5,391        

THE ACKNOWLEDGMENT FILED AND ENTERED ON THE BIRTH REGISTRY UNDER   5,392        

SECTION 5101.314 OF THE REVISED CODE BECOMES FINAL, THE            5,394        

ACKNOWLEDGMENT SHALL BE CONSIDERED FINAL AS OF THE DATE OF THE     5,395        

ISSUANCE OF THE ORDER.  AN ADMINISTRATIVE ORDER ISSUED PURSUANT    5,396        

TO DIVISION (B) OF THIS SECTION SHALL NOT AFFECT AN                5,397        

ACKNOWLEDGMENT THAT BECOMES FINAL PURSUANT TO SECTION 5101.314 OF  5,398        

THE REVISED CODE PRIOR TO THE ISSUANCE OF THE ORDER.               5,400        

      (B)  IF A REQUEST IS MADE PURSUANT TO DIVISION (A) OF THIS   5,403        

SECTION FOR AN ADMINISTRATIVE ORDER REQUIRING THE PAYMENT OF       5,404        

CHILD SUPPORT AND PROVIDING FOR THE HEALTH CARE NEEDS OF THE       5,405        

CHILD, THE ADMINISTRATIVE OFFICER SHALL COMPLY WITH THE            5,406        

REQUIREMENTS OF DIVISION (D) OF SECTION 3111.20 OF THE REVISED     5,408        

CODE AND SHALL ISSUE A SUPPORT ORDER IN ACCORDANCE WITH THAT       5,409        

DIVISION.                                                                       

      Sec. 3111.22.  (A)(1)  Except as otherwise provided in       5,418        

division (A)(2) of this section, no person may bring an action     5,419        

under sections 3111.01 to 3111.19 of the Revised Code before       5,420        

requesting an administrative determination of the existence or     5,421        

nonexistence of a parent and child relationship from the child     5,422        

support enforcement agency of the county in which the child or     5,423        

the guardian or legal custodian of the child resides.              5,424        

      (2)  If the alleged father of a child is deceased and        5,426        

proceedings for the probate of the estate of the alleged father    5,427        

have been or can be commenced, the court with jurisdiction over    5,428        

the probate proceedings shall retain jurisdiction to determine     5,429        

the existence or nonexistence of a parent and child relationship   5,430        

between the alleged father and any child without an                5,431        

administrative determination being requested from a child support  5,432        

                                                          125    

                                                                 
enforcement agency.  If an action for divorce, dissolution of      5,433        

marriage, or legal separation, or an action under section          5,434        

2151.231 of the Revised Code requesting an order requiring the     5,435        

payment of child support AND PROVISION FOR THE HEALTH CARE OF A    5,436        

CHILD, has been filed in a court of common pleas and a question    5,438        

as to the existence or nonexistence of a parent and child          5,439        

relationship arises, the court in which the original action was    5,440        

filed shall retain jurisdiction to determine the existence or      5,441        

nonexistence of the parent and child relationship without an       5,442        

administrative determination being requested from a child support  5,443        

enforcement agency.  If a juvenile court issues a support order    5,444        

under section 2151.231 of the Revised Code relying on a            5,445        

presumption under section 3111.03 of the Revised Code, the         5,446        

juvenile court that issued the support order shall retain          5,448        

jurisdiction if a question as to the existence of a parent and     5,449        

child relationship arises.                                                      

      (B)  Except as provided in division (A)(2) of this section,  5,451        

before a person brings an action pursuant to sections 3111.01 to   5,452        

3111.19 of the Revised Code to determine the existence or          5,453        

nonexistence of a parent and child relationship, the person shall  5,455        

request the child support enforcement agency of the county in      5,456        

which the child or the guardian or legal custodian of the child    5,457        

resides to determine the existence or nonexistence of a parent     5,458        

and child relationship between the alleged father and the child.   5,459        

If more than one agency receives a request pursuant to this        5,460        

section, the agency that receives the request first shall proceed  5,461        

with the request.  The request shall contain all of the following  5,462        

information:                                                       5,463        

      (1)  The name, birthdate, and current address of the         5,465        

alleged father of the child;                                       5,466        

      (2)  The name, social security number, and current address   5,468        

of the mother of the child;                                        5,469        

      (3)  The name and last known address of the alleged father   5,471        

of the child;                                                      5,472        

                                                          126    

                                                                 
      (4)  THE NAME AND BIRTHDATE OF THE CHILD.                    5,474        

      (C)(1)  Upon receiving a request for a determination of the  5,476        

existence or nonexistence of a parent and child relationship in    5,477        

accordance with division (B) of this section, the agency shall     5,478        

schedule a hearing before an administrative officer to determine   5,479        

whether the natural mother and the alleged natural father would    5,480        

voluntarily sign an acknowledgment of paternity or agree to be     5,481        

bound to the results of genetic testing.  The hearing shall be     5,482        

held no later than sixty days after the date on which the request  5,483        

was received and no earlier than thirty days after the date the    5,484        

agency provides notice of the hearing to the mother and the        5,485        

alleged father ASSIGN AN ADMINISTRATIVE OFFICER TO CONSIDER THE    5,486        

REQUEST.  THE ADMINISTRATIVE OFFICER MAY SCHEDULE A CONFERENCE     5,488        

WITH THE MOTHER AND THE ALLEGED FATHER TO PROVIDE INFORMATION AND  5,489        

THE OPPORTUNITY TO SIGN AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT   5,490        

PREPARED PURSUANT TO SECTION 5101.324 OF THE REVISED CODE.  IF     5,492        

THE MOTHER AND ALLEGED FATHER DO NOT SIGN THE AFFIDAVIT AT A       5,493        

CONFERENCE HELD BY THE ADMINISTRATIVE OFFICER, THE ADMINISTRATIVE  5,495        

OFFICER SHALL ISSUE AN ORDER REQUIRING THE CHILD, THE MOTHER, AND  5,496        

THE ALLEGED FATHER TO SUBMIT TO GENETIC TESTING.  IN THE ORDER,    5,497        

THE AGENCY SHALL SCHEDULE THE GENETIC TESTS FOR THE MOTHER,        5,498        

ALLEGED FATHER, AND CHILD ON A DATE THAT IS NO LATER THAN          5,499        

FORTY-FIVE DAYS AFTER THE DATE OF ASSIGNMENT OF THE                             

ADMINISTRATIVE OFFICER AND SHALL REQUIRE THE TESTS TO BE           5,501        

CONDUCTED IN ACCORDANCE WITH THE RULES ADOPTED BY THE DEPARTMENT   5,502        

OF HUMAN SERVICES PURSUANT TO SECTION 2301.35 OF THE REVISED       5,503        

CODE.                                                                           

      After scheduling the hearing, the THE agency shall give      5,505        

ATTACH A notice TO THE ORDER AND SEND BOTH in accordance with the  5,507        

Rules of Civil Procedure to the mother and the alleged father      5,509        

stating.  THE NOTICE SHALL STATE all of the following:             5,510        

      (a)  That the agency has been requested to determine the     5,512        

existence of a parent and child relationship between a child and   5,513        

the alleged named father;                                          5,514        

                                                          127    

                                                                 
      (b)  The name and birthdate of the child of which the man    5,516        

is alleged to be the natural father;                               5,517        

      (c)  The name of the mother and the alleged natural father;  5,519        

      (d)  The rights and responsibilities of a parent;            5,521        

      (e)  That the person served with notice must appear at the   5,523        

administrative hearing at the date, time, and location set forth   5,524        

in the notice, that all interested persons will have the           5,525        

opportunity to produce evidence proving or disproving the          5,526        

allegation, and that the child, the mother, and the alleged        5,527        

father may be required to MUST submit to genetic testing at the    5,528        

DATE, time of the hearing, AND PLACE DETERMINED BY THE AGENCY IN   5,530        

THE ORDER ISSUED PURSUANT TO DIVISION (C)(1) OF THIS SECTION;      5,531        

      (f)  That any person served with notice has the right to     5,533        

bring legal counsel to the THE administrative hearing PROCEDURE    5,535        

FOR DETERMINING THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP;  5,536        

      (g)  THAT IF THE ALLEGED FATHER OR NATURAL MOTHER WILLFULLY  5,538        

FAILS TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER,         5,539        

NATURAL MOTHER, OR THE CUSTODIAN OF THE CHILD WILLFULLY FAILS TO   5,540        

SUBMIT THE CHILD TO GENETIC TESTING, THE AGENCY SHALL ISSUE AN     5,541        

ORDER THAT IT IS INCONCLUSIVE WHETHER THE ALLEGED FATHER IS THE    5,542        

CHILD'S NATURAL FATHER;                                            5,543        

      (h)  THAT IF THE ALLEGED FATHER OR NATURAL MOTHER WILLFULLY  5,546        

FAILS TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER,         5,547        

NATURAL MOTHER, OR CUSTODIAN OF THE CHILD WILLFULLY FAILS TO       5,548        

SUBMIT THE CHILD TO GENETIC TESTING, THEY MAY BE FOUND IN          5,549        

CONTEMPT OF COURT.                                                              

      (2)  If both the mother and the alleged father attend the    5,551        

hearing scheduled under division (C)(1) of this section, the       5,552        

administrative officer shall do both of the following:             5,553        

      (a)  Explain the allegation, the administrative procedure    5,555        

for determining the existence of a parent and child relationship,  5,556        

and the rights and responsibilities of a parent to a child;        5,557        

      (b)  Explain that the mother and the alleged father have     5,559        

the right to not dispute the allegation and sign an                5,560        

                                                          128    

                                                                 
acknowledgment of paternity acknowledging that the child is the    5,561        

child of the alleged father and agree that the father will assume  5,562        

the parental duty of support.                                      5,563        

      (3)  If both the mother and the alleged father sign an       5,565        

acknowledgment of paternity, the administrative officer shall      5,566        

issue an administrative order that the alleged father is the       5,567        

father of the child who is the subject of the proceeding.  The     5,568        

order shall include any information that the department requires   5,569        

pursuant to section 2301.35 of the Revised Code and shall include  5,570        

a statement that the mother and father may object to the           5,571        

determination by bringing an action under sections 3111.01 to      5,572        

3111.19 of the Revised Code within thirty days after the date the  5,573        

administrative officer issued the administrative order             5,574        

determining the existence of a parent and child relationship       5,575        

between the alleged natural father and the child.                  5,576        

      (4)  If an administrative officer issues an administrative   5,578        

order determining the existence of a parent and child              5,579        

relationship pursuant to division (C)(3) of this section or if an  5,580        

acknowledgment of paternity is filed pursuant to section 2105.18   5,581        

of the Revised Code and one of the parents named on the            5,582        

acknowledgment of paternity requests an administrative officer to  5,583        

issue an administrative order requiring the payment of child       5,584        

support, the administrative officer shall schedule an              5,585        

administrative hearing to determine, in accordance with sections   5,586        

3111.23 to 3111.29 and 3113.215 of the Revised Code, the amount    5,588        

of child support any parent is required to pay and the method of   5,589        

payment of the child support.  The hearing shall be held no later  5,590        

than sixty days after the date of the issuance of the order and    5,591        

no earlier than thirty days after the date the agency gives the    5,592        

mother and the father notice of the administrative hearing.  When  5,593        

an administrative officer issues an administrative order for the   5,594        

payment of support, all of the following apply:                    5,595        

      (a)  An administrative order for the payment of support      5,597        

ordinarily shall be for periodic payments that may vary in         5,598        

                                                          129    

                                                                 
amount.  In the best interest of the child, the administrative     5,599        

officer may order a lump sum payment or the purchase of an         5,600        

annuity in lieu of periodic payments of support.                   5,601        

      (b)  The administrative order for the payment of support     5,603        

shall include a notice stating that the mother or the father may   5,604        

object to an administrative order by bringing an action for the    5,605        

payment of support under section 2151.231 of the Revised Code in   5,606        

the juvenile court of the county in which the child or the         5,607        

guardian or legal custodian of the child resides, that the action  5,608        

may be brought no later than thirty days after the date of the     5,609        

issuance of the administrative order requiring the payment of      5,610        

child support, and that, if neither the mother nor the father      5,611        

brings an action for the payment of support within that            5,612        

thirty-day period, the administrative order requiring the payment  5,613        

of support is final and enforceable by a court and may be          5,614        

modified and enforced only in accordance with sections 3111.20 to  5,616        

3111.28 and 3113.21 to 3113.219 of the Revised Code.               5,617        

      (5)(a)  If both the mother and the alleged father attend     5,619        

the administrative hearing scheduled under division (C)(1) of      5,620        

this section but do not sign an acknowledgment of paternity, the   5,621        

administrative officer shall explain to the mother and the father  5,622        

that they have the right to agree to be bound by the results of    5,623        

genetic testing, that, if they agree to be bound by genetic        5,624        

testing and the results show a ninety-five per cent or greater     5,625        

probability that the alleged father is the natural father of the   5,626        

child, the administrative officer will issue an administrative     5,627        

order that the alleged father is the father of the child, that,    5,628        

if the results of the genetic testing show a less than             5,629        

ninety-five per cent probability that the alleged father is the    5,630        

natural father of the child but do not exclude the alleged father  5,631        

as the natural father of the child, the administrative officer     5,632        

will issue an administrative order stating that it is              5,633        

inconclusive whether the alleged father is the natural father of   5,634        

the child, and that if the results show that the alleged father    5,635        

                                                          130    

                                                                 
is excluded as the natural father of the child, the                5,636        

administrative officer will issue an administrative order that     5,637        

the alleged father is not the father of the child.                 5,638        

      (b)  If both the mother and the alleged father sign a        5,640        

voluntary agreement to genetic testing stating that they agree to  5,641        

be bound by the results of genetic testing performed by an         5,642        

examiner authorized by the department of human services and that   5,643        

they waive any right to a jury trial, the administrative officer   5,644        

shall schedule a date and time for the mother, the child, and the  5,645        

alleged father to submit to genetic testing in accordance with     5,646        

the rules adopted by the department of human services pursuant to  5,647        

section 2301.35 of the Revised Code.  If the natural mother and    5,648        

the alleged father both sign a voluntary agreement to genetic      5,649        

testing, all THE GENETIC TESTING SHALL BE CONDUCTED BY A           5,652        

QUALIFIED EXAMINER AUTHORIZED BY THE DEPARTMENT OF HUMAN           5,653        

SERVICES.  ON COMPLETION OF THE GENETIC TESTS, THE EXAMINER SHALL  5,654        

SEND A COMPLETE REPORT OF THE TEST RESULTS TO THE AGENCY.  THE     5,655        

ADMINISTRATIVE OFFICER SHALL DO ONE of the following apply:        5,656        

      (i)(a)  If the results of the genetic testing show a         5,658        

ninety-five NINETY-NINE per cent or greater probability that the   5,659        

alleged father is the natural father of the child, the             5,661        

administrative officer of the agency shall issue an                5,662        

administrative order that the alleged father is the father of the  5,663        

child who is the subject of the proceeding.                        5,664        

      (ii)(b)  If the results of genetic testing show less than a  5,666        

ninety-five NINETY-NINE per cent probability that the alleged      5,667        

father is the natural father of the child but do not exclude the   5,669        

alleged father from being the natural father of the child, the     5,670        

administrative officer shall issue an administrative order         5,671        

stating that it is inconclusive whether the alleged father is the  5,672        

natural father of the child.                                       5,673        

      (iii)(c)  If the results of the genetic testing exclude the  5,675        

alleged father from being the natural father of the child, the     5,676        

administrative officer shall issue an administrative order that    5,677        

                                                          131    

                                                                 
the alleged father is not the father of the child who is the       5,678        

subject of the proceeding.                                         5,679        

      (iv)  AN ADMINISTRATIVE OFFICER SHALL INCLUDE WITH ANY       5,681        

ORDER THE OFFICER ISSUES PURSUANT TO DIVISION (C)(2)(a) OR (c) OF  5,684        

THIS SECTION A NOTICE THAT CONTAINS THE INFORMATION DESCRIBED IN                

DIVISION (D) OF THIS SECTION INFORMING THE MOTHER, FATHER, AND     5,685        

THE GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD OF THE RIGHT TO       5,686        

OBJECT TO THE ORDER.                                               5,687        

      (D)  When an administrative officer issues an                5,689        

administrative order determining the existence or nonexistence of  5,690        

a parent and child relationship pursuant to DIVISION (C)(2)(a) OR  5,692        

(c) OF this section, the officer shall include in the              5,694        

administrative order a notice that both the mother and the,        5,696        

alleged father, AND THE GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD   5,697        

may object to the determination by bringing, within thirty days    5,698        

after the date the administrative officer issued the order, an     5,699        

action under sections 3111.01 to 3111.19 of the Revised Code in    5,700        

the juvenile court in the county in which the alleged father, the  5,701        

mother, the child, or the guardian or custodian of the child       5,702        

resides and that if neither brings AGENCY THAT EMPLOYS THE         5,703        

ADMINISTRATIVE OFFICER IS LOCATED.  IF THE MOTHER, ALLEGED         5,704        

FATHER, OR GUARDIAN OR LEGAL CUSTODIAN DOES NOT BRING an action    5,705        

within that thirty-day period, the administrative order is final   5,706        

and enforceable by a court AND MAY NOT BE CHALLENGED IN AN ACTION  5,707        

OR PROCEEDING UNDER CHAPTER 3111. OF THE REVISED CODE.                          

      (c)(E)(1)  If an administrative officer issues an            5,709        

administrative order determining the existence of a parent and     5,711        

child relationship between the alleged father and the child        5,712        

PURSUANT TO DIVISION (C)(2)(a) OF THIS SECTION, the                5,713        

administrative officer shall schedule an administrative hearing    5,714        

to determine, in accordance with sections 3111.23 to 3111.29 and   5,716        

3113.215 of the Revised Code, the amount of child support any                   

parent is required to pay and, the method of payment of child      5,717        

support, AND THE METHOD OF PROVIDING FOR THE CHILD'S HEALTH CARE.  5,719        

                                                          132    

                                                                 
The hearing shall be held no later than sixty days after the date  5,720        

of the issuance of the order and no earlier than thirty days       5,721        

after the date the administrative officer gives the mother and     5,722        

the father notice of the administrative hearing.  WHEN AN                       

ADMINISTRATIVE OFFICER ISSUES AN ADMINISTRATIVE ORDER FOR THE      5,724        

PAYMENT OF SUPPORT AND PROVISION FOR THE CHILD'S HEALTH CARE, ALL  5,725        

OF THE FOLLOWING APPLY:                                                         

      (a)  THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE          5,727        

PERIODIC PAYMENTS OF SUPPORT THAT MAY VARY IN AMOUNT, EXCEPT       5,728        

THAT, IF IT IS IN THE BEST INTEREST OF THE CHILD, THE              5,729        

ADMINISTRATIVE OFFICER MAY ORDER A LUMP-SUM PAYMENT OR THE         5,730        

PURCHASE OF AN ANNUITY IN LIEU OF PERIODIC PAYMENTS OF SUPPORT.    5,732        

      (b)  THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE THE      5,735        

PARENTS TO PROVIDE FOR THE HEALTH CARE NEEDS OF THE CHILD IN                    

ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE.              5,738        

      (c)  THE ADMINISTRATIVE SUPPORT ORDER SHALL INCLUDE A        5,741        

NOTICE INFORMING THE MOTHER, FATHER, AND THE LEGAL GUARDIAN OR                  

CUSTODIAN OF THE CHILD OF THE RIGHT TO OBJECT TO THE ORDER AND     5,743        

CONTAINING THE INFORMATION DESCRIBED IN DIVISION (E)(2) OF THIS    5,744        

SECTION.                                                           5,745        

      (d)(2)  The mother or the, father, OR THE LEGAL GUARDIAN OR  5,748        

CUSTODIAN OF THE CHILD may object to the administrative order by   5,749        

bringing an action for the payment of support AND PROVISION FOR    5,750        

THE CHILD'S HEALTH CARE under section 2151.231 of the Revised      5,751        

Code in the juvenile court of the county in which the child or     5,752        

the guardian or legal custodian of the child resides AGENCY THAT   5,753        

EMPLOYS THE ADMINISTRATIVE OFFICER IS LOCATED.  The action shall   5,754        

be brought no later than thirty days after the date of the         5,755        

issuance of the administrative SUPPORT order requiring the         5,756        

payment of child support.  If neither the mother nor the father    5,757        

brings an action for the payment of support AND PROVISION FOR THE  5,758        

CHILD'S HEALTH CARE within that thirty-day period, the             5,759        

administrative SUPPORT order requiring the payment of support is   5,760        

final and enforceable by a court and may be modified and enforced  5,761        

                                                          133    

                                                                 
only AS PROVIDED in accordance with sections 3111.20 to 3111.28    5,762        

and 3113.21 to 3113.219 of the Revised Code.                       5,763        

      (e)(F)  If the alleged natural father or the natural mother  5,766        

willfully fails to submit to genetic testing or if either parent                

or any other person who is the custodian of the child willfully    5,767        

fails to submit the child to genetic testing, the agency shall     5,768        

enter an administrative order stating that it is inconclusive as   5,769        

to whether the alleged natural father is the natural father of     5,770        

the child and shall provide A notice to the parties INFORMING      5,771        

THEM that an action may be brought under sections 3111.01 to       5,773        

3111.19 of the Revised Code to establish a parent and child        5,774        

relationship.                                                                   

      (6)  If the mother and the alleged father both do not sign   5,776        

an acknowledgment of paternity or an agreement to be bound by the  5,777        

results of genetic testing or if either the mother or the natural  5,778        

father does not appear at the administrative hearing and does not  5,779        

show good cause why he or she did not appear at the                5,780        

administrative hearing, the agency shall deny and dismiss the      5,781        

request for an administrative determination of the existence or    5,782        

nonexistence of a parent and child relationship and inform the     5,783        

mother and the alleged father that they may bring an action under  5,784        

sections 3111.01 to 3111.19 of the Revised Code to determine the   5,785        

existence of a parent and child relationship.                      5,786        

      (D)(1)  The guardian or legal custodian of a child may       5,788        

object to an administrative officer's determination of the         5,789        

existence or nonexistence of a parent and child relationship by    5,790        

bringing an action under sections 3111.01 to 3111.19 of the        5,791        

Revised Code in the juvenile court of the county in which the      5,792        

child, the mother, or the alleged father resides or is found to    5,793        

determine the existence or nonexistence of a parent and child      5,794        

relationship.  The action shall be brought no later than thirty    5,795        

days after the date of the issuance of the administrative order    5,796        

determining the existence or nonexistence of a parent and child    5,797        

relationship.  If neither the mother nor the alleged father files  5,798        

                                                          134    

                                                                 
an action under sections 3111.01 to 3111.19 of the Revised Code    5,799        

in the juvenile court within the thirty-day period, the            5,800        

administrative order determining a parent and child relationship   5,801        

is final and enforceable by a court.                               5,802        

      (2)  The mother or the father of a child may object to an    5,804        

administrative officer's administrative order for the payment of   5,805        

support by bringing an action for the payment of support under     5,806        

section 2151.231 of the Revised Code in the juvenile court of the  5,807        

county in which the child or the guardian or legal custodian of    5,808        

the child resides.  The action shall be brought no later than      5,809        

thirty days after the date the administrative officer issued the   5,810        

administrative order requiring the payment of child support.  If   5,811        

neither the mother nor the alleged father files an action for the  5,812        

payment of support in the juvenile court within the thirty-day     5,813        

period, the administrative order requiring the payment of support  5,814        

is final and enforceable by a court and may be modified and        5,815        

enforced only in accordance with sections 3111.20 to 3111.28 and   5,816        

3113.21 to 3113.219 of the Revised Code.                           5,817        

      (G)  UNLESS THE AGENCY HAS REASON TO BELIEVE THAT A PERSON   5,819        

NAMED IN THE ORDER IS A POTENTIAL VICTIM OF DOMESTIC VIOLENCE,     5,820        

ANY ORDER ISSUED PURSUANT TO THIS SECTION FINDING THE EXISTENCE    5,822        

OF A PARENT AND CHILD RELATIONSHIP SHALL CONTAIN THE FULL NAMES,   5,823        

ADDRESSES, AND SOCIAL SECURITY NUMBERS OF THE MOTHER AND FATHER    5,824        

OF THE CHILD AND THE FULL NAME AND ADDRESS OF THE CHILD.  THE      5,825        

AGENCY, AS PART OF AN ORDER DETERMINING THE EXISTENCE OF A PARENT  5,826        

AND CHILD RELATIONSHIP ISSUED PURSUANT TO THIS SECTION, MAY ORDER  5,827        

THE SURNAME OF THE CHILD SUBJECT TO THE DETERMINATION TO BE        5,828        

CHANGED AND ORDER THE CHANGE TO BE MADE ON THE CHILD'S BIRTH       5,829        

RECORD CONSISTENT WITH THE ORDER IF THE PARTIES AGREE TO THE       5,831        

CHANGE.                                                                         

      (H)  AN ADMINISTRATIVE SUPPORT ORDER ISSUED PURSUANT TO      5,834        

SECTION 3111.21 OF THE REVISED CODE PRIOR TO THE EFFECTIVE DATE    5,837        

OF THIS AMENDMENT THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS  5,838        

AMENDMENT SHALL REMAIN IN EFFECT ON AND AFTER THE EFFECTIVE DATE   5,839        

                                                          135    

                                                                 
OF THE AMENDMENT AND SHALL BE CONSIDERED AN ADMINISTRATIVE                      

SUPPORT ORDER ISSUED PURSUANT TO THIS SECTION FOR ALL PURPOSES.    5,841        

      (I)  AS USED IN THIS SECTION, "BIRTH RECORD" HAS THE SAME    5,843        

MEANING AS IN SECTION 3705.01 OF THE REVISED CODE.                 5,844        

      Sec. 3111.221.  AS USED IN THIS SECTION, "BIRTH RECORD" HAS  5,846        

THE SAME MEANING AS IN SECTION 3705.01 OF THE REVISED CODE.        5,847        

      IF AN ADMINISTRATIVE ORDER DETERMINING THE EXISTENCE OR      5,849        

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP INCLUDES A         5,850        

FINDING THAT THE CHILD'S FATHER IS A MAN OTHER THAN THE MAN NAMED  5,851        

IN THE CHILD'S BIRTH RECORD AS THE FATHER OR IS OTHERWISE AT       5,852        

VARIANCE WITH THE CHILD'S BIRTH RECORD, THE AGENCY THAT MADE THE   5,853        

DETERMINATION SHALL NOTIFY THE DEPARTMENT OF HEALTH OF THE         5,854        

DETERMINATION AS SOON AS ANY PERIOD FOR OBJECTION TO THE                        

DETERMINATION PROVIDED FOR IN FORMER SECTION 3111.21 OR SECTION    5,855        

3111.22 OF THE REVISED CODE HAS ELAPSED.                                        

      ON RECEIPT OF NOTICE UNDER THIS SECTION OR NOTICE FROM AN    5,857        

AGENCY OF ANOTHER STATE WITH AUTHORITY TO MAKE PATERNITY           5,858        

DETERMINATIONS THAT HAS MADE A DETERMINATION OF THE EXISTENCE OR   5,859        

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP, THE DEPARTMENT    5,860        

OF HEALTH SHALL PREPARE A NEW BIRTH RECORD CONSISTENT WITH THE     5,862        

AGENCY'S DETERMINATION AND SUBSTITUTE THE NEW RECORD FOR THE       5,863        

ORIGINAL BIRTH RECORD.                                                          

      Sec. 3111.23.  (A)(1)  If an administrative officer of a     5,872        

child support enforcement agency issues an administrative support  5,873        

order under section 3111.20, 3111.21 3111.211, or 3111.22 of the   5,875        

Revised Code, the agency shall require the withholding or          5,877        

deduction of an amount of the wages INCOME or assets of the        5,878        

obligor in accordance with division (B) of this section OR                      

REQUIRE THE ISSUANCE OF AN ORDER IN ACCORDANCE WITH SECTION        5,879        

3111.231 OF THE REVISED CODE to ensure that withholding or         5,881        

deduction from the wages INCOME or assets of the obligor is        5,882        

available from the commencement of the administrative support      5,883        

order for the collection of the support and any arrearages that    5,884        

occur.  The agency shall determine the specific withholding or     5,885        

                                                          136    

                                                                 
deduction requirements OR OTHER REQUIREMENT applicable to the      5,886        

obligor under the administrative support order in accordance with               

division (B) of this section AND SECTION 3111.231 OF THE REVISED   5,887        

CODE and shall include the specific requirements in the notices    5,888        

described in divisions (A)(2) and (B) of this section OR IN AN     5,890        

ORDER DESCRIBED UNDER SECTION 3111.231 OF THE REVISED CODE.  Any   5,891        

person required to comply with the withholding or deduction        5,892        

requirements shall determine the manner of withholding or          5,893        

deducting an amount of the wages INCOME or assets of the obligor   5,894        

in accordance with the specific requirements included in the       5,895        

notices described in those divisions without the need for any      5,896        

amendment to the administrative support order.  ANY PERSON                      

REQUIRED TO COMPLY WITH AN ORDER DESCRIBED IN SECTION 3111.231 OF  5,897        

THE REVISED CODE SHALL COMPLY WITHOUT THE NEED FOR ANY AMENDMENT   5,898        

TO THE ADMINISTRATIVE ORDER.  The agency shall include in an       5,899        

administrative support order under section 3111.20, 3111.21        5,900        

3111.211, or 3111.22 of the Revised Code a general provision that  5,901        

states the following:                                                           

      "All child support ordered by this administrative support    5,903        

order shall be withheld or deducted from the wages INCOME or       5,904        

assets of the obligor pursuant to a withholding or deduction       5,906        

notice issued in accordance with section 3111.23 of the Revised    5,908        

Code OR A WITHDRAWAL DIRECTIVE ISSUED PURSUANT TO SECTION                       

3113.214 OF THE REVISED CODE and shall be forwarded to the         5,909        

obligee in accordance with sections 3111.23 to 3111.28 of the      5,910        

Revised Code."                                                     5,911        

      (2)  In any action in which support is ordered or modified   5,913        

under an administrative support order as described in division     5,914        

(A)(1) of this section, the child support enforcement agency       5,915        

shall determine in accordance with division (B) of this section    5,916        

OR SECTION 3111.231 OF THE REVISED CODE the types of withholding   5,917        

or deduction requirements OR OTHER REQUIREMENTS that should be     5,918        

imposed relative to the obligor under the administrative support   5,919        

order to collect the support due under the order.  Within fifteen  5,920        

                                                          137    

                                                                 
days after the obligor under the administrative support order is   5,921        

located subsequent to the issuance of the administrative support   5,922        

order or within fifteen days after the default under the           5,923        

administrative support order, whichever is applicable, the agency  5,924        

shall send a notice by regular mail to each person required to     5,925        

comply with a withholding or deduction requirement.  The notice    5,926        

shall specify the withholding or deduction requirement and shall   5,927        

contain all of the information set forth in division (B)(1)(b),    5,928        

OR (2)(b), (3)(b), (4)(b), or (5)(b) of this section that is       5,929        

applicable to the requirement.  The notices, plus the notices      5,930        

provided by the child support enforcement agency that require the  5,931        

obligor to notify the agency of any change in the obligor's        5,932        

employment status or of any other change in the status of the      5,933        

obligor's assets, are final and are enforceable by the court.      5,935        

The agency shall provide the notice to the obligor in accordance   5,936        

with division (B)(1)(c), OR (2)(c), (3)(c), (4)(c), or (5)(c) of   5,937        

this section, whichever is applicable, and shall include with      5,938        

that notice the additional notices described in the particular     5,939        

division that is applicable.                                                    

      (3)(a)  If support is ordered or modified on or after        5,941        

December 31, 1993, under an administrative support order issued    5,942        

under FORMER SECTION 3111.21 OR section 3111.20, 3111.21           5,944        

3111.211, or 3111.22 of the Revised Code, if the child support                  

enforcement agency has determined in accordance with division      5,946        

(A)(2) of this section the types of withholding or deduction       5,947        

requirements OR OTHER REQUIREMENTS that should be imposed                       

relative to the obligor under the support order to collect the     5,949        

support due under the order, if the agency has sent the            5,950        

appropriate WITHHOLDING OR DEDUCTION notices OR ISSUED AND SENT    5,951        

AN ORDER UNDER SECTION 3111.231 OF THE REVISED CODE to the         5,952        

persons required to comply with the withholding or deduction                    

requirements OR ORDER that the agency determined should be         5,953        

imposed, and if the agency is notified or otherwise determines     5,954        

that the employment status or other circumstances of the obligor   5,955        

                                                          138    

                                                                 
have changed, the agency shall conduct an investigation to         5,956        

determine whether it is more appropriate to impose another type    5,957        

of or an additional withholding or deduction requirement OR ORDER  5,958        

regarding the administrative support order and shall issue and     5,959        

send by regular mail one or more notices described in division     5,960        

(B) of this section OR AN ORDER PURSUANT TO SECTION 3111.231 OF    5,961        

THE REVISED CODE that it determines are appropriate.  THE AGENCY   5,962        

SHALL IMMEDIATELY CANCEL ANY PREVIOUSLY ISSUED NOTICE OR ORDER     5,963        

THAT NO LONGER IS APPROPRIATE AND SEND WRITTEN NOTICE OF THE       5,964        

CANCELLATION BY REGULAR MAIL TO THE PERSON REQUIRED TO COMPLY      5,965        

WITH THE PREVIOUSLY ISSUED NOTICE OR ORDER.  The notices shall be  5,966        

sent within fifteen days after the obligor under the               5,967        

administrative support order is located or within fifteen days     5,968        

after the default under the administrative support order,          5,969        

whichever is applicable.  The notices shall specify the            5,970        

withholding or deduction requirement and shall contain all of the  5,971        

information set forth in division (B)(1)(b), OR (2)(b), (3)(b),    5,973        

(4)(b), or (5)(b) of this section that is applicable.  The agency               

shall provide the notices to the obligor in accordance with        5,974        

division (B)(1)(c), OR (2)(c), (3)(c), (4)(c), or (5)(c) of this   5,976        

section, whichever is applicable, and shall include with that                   

notice the additional notices described in the particular          5,977        

division that is ARE applicable.  The notices are final and are    5,978        

enforceable by the court.                                          5,979        

      If the child support enforcement agency previously has       5,981        

issued one or more notices containing one or more of the           5,982        

requirements described in division (B) of this section and the     5,983        

agency determines that any of the requirements no longer are       5,984        

appropriate due to the change in the employment status or other    5,985        

circumstances of the obligor, the agency immediately shall cancel  5,986        

any previously issued notice that no longer is appropriate, shall  5,987        

send written notice of the cancellation by regular mail to the     5,988        

person who was required to comply with the withholding or          5,989        

deduction requirement contained in the canceled notice, and shall  5,990        

                                                          139    

                                                                 
issue one or more new notices containing one or more requirements  5,991        

described in division (B) of this section that it determines are   5,992        

appropriate.  The notices shall be sent within fifteen days after  5,993        

the obligor under the administrative support order is located or   5,994        

within fifteen days after the default under the administrative     5,995        

support order, whichever is applicable.                            5,996        

      (b)  If support has been ordered prior to December 31,       5,998        

1993, under an administrative support order issued under section   5,999        

3111.20, 3111.21, or 3111.22 of the Revised Code, if the           6,000        

administrative support order has not been modified on or after     6,002        

December 31, 1993, if the administrative support order includes a  6,003        

provision that is substantively comparable to the general          6,004        

provision described in division (A)(1) of this section that must   6,005        

be included in all administrative support orders issued or         6,006        

modified on or after December 31, 1993, and if the child support   6,007        

enforcement agency is notified or otherwise determines that the    6,008        

employment status or other circumstances of the obligor under the  6,009        

support order have changed so that it is appropriate to impose a   6,010        

withholding or deduction requirement as described in division (B)  6,011        

of this section to collect the support due under the order, the    6,012        

agency shall comply with division (A)(3)(a) of this section as if  6,013        

the administrative support order had been issued or modified on    6,014        

or after December 31, 1993, and as if it included the general      6,015        

provision described in division (A)(1) of that section that must   6,016        

be included in all administrative support orders issued or         6,017        

modified on or after that date.  The notices issued under this     6,018        

division are final and are enforceable by the court.               6,019        

      (c)  If support has been ordered ALL SUPPORT ORDERS ISSUED   6,021        

prior to December 31, 1993, under an administrative support order  6,022        

issued under FORMER SECTION 3111.21 OR section 3111.20, 3111.21,   6,023        

or 3111.22 of the Revised Code, if the administrative support      6,026        

order has THAT HAVE not been modified on or after December 31,     6,027        

1993, if the administrative support order does not include a       6,028        

provision that is substantively comparable to the general          6,029        

                                                          140    

                                                                 
provision described in division (A)(1) of this section that must   6,030        

be included in all administrative support orders issued or         6,031        

modified on or after December 31, 1993, and if the child support   6,032        

enforcement agency is notified or otherwise determines that the    6,033        

employment status or other circumstances of the obligor under the  6,034        

support order have changed so that it is appropriate to impose a   6,035        

withholding or deduction requirement as described in division (B)  6,036        

of this section to collect the support due under the order, the    6,037        

agency may reissue the administrative support order in question    6,038        

to be identical to the administrative support order except for a   6,039        

general provision, as described in division (A)(1) of this         6,040        

section, requiring the withholding or deduction of wages or        6,041        

assets of the obligor in accordance with division (B) of this      6,042        

section to ensure that withholding or deduction from the wages or  6,043        

assets is available for the collection of current support and any  6,044        

arrearages that occur.  Except for the inclusion of the general    6,045        

provision, the provisions of a reissued administrative support     6,046        

order under this division shall be identical to those of the       6,047        

administrative support order in question, and the child support    6,048        

enforcement agency shall issue one or more notices requiring       6,049        

withholding or deduction of wages or assets of the obligor in      6,050        

accordance with divisions (A)(2) and (B) of this section.          6,051        

Thereafter, division (A)(3)(a) of this section applies to the      6,052        

issuance of notices under those divisions with respect to that     6,053        

administrative support order.  The notices issued under this       6,055        

division are final and are enforceable by the court.  The general  6,056        

provision for the withholding or deduction of wages or assets to   6,057        

be included in the reissued administrative support order           6,058        

specifically shall include the statement set forth in division     6,059        

(A)(1) of this section OR FOUND IN DEFAULT ON OR AFTER THAT DATE   6,060        

SHALL BE CONSIDERED TO CONTAIN THE GENERAL PROVISION DESCRIBED IN  6,062        

DIVISION (A)(1) OF THIS SECTION AND SHALL BE ENFORCED AND          6,063        

MODIFIED IN THE SAME MANNER AS AN ORDER FOR SUPPORT ISSUED ON OR   6,064        

AFTER DECEMBER 31, 1993.                                                        

                                                          141    

                                                                 
      (4)  If, pursuant to division (A)(2) or (A)(3)(a), (b), or   6,066        

(c) of this section, a person is sent a WITHHOLDING OR DEDUCTION   6,067        

notice described in division (B) of this section requiring a       6,068        

withholding or deduction requirement OR AN ORDER ISSUED UNDER      6,069        

SECTION 3111.231 OF THE REVISED CODE and the person fails to       6,070        

comply with the notice OR ORDER, the child support enforcement     6,071        

agency, in accordance with section 3111.28 of the Revised Code,    6,072        

shall request the court to find the person in contempt pursuant    6,073        

to section 2705.02 of the Revised Code.                                         

      (5)  The department of human services shall adopt standard   6,075        

forms for the support withholding and deduction notices            6,076        

prescribed by divisions (A)(1) to (3) and (B) of this section.     6,077        

All child support enforcement agencies shall use the forms in      6,078        

complying with this section.                                       6,079        

      (B)  If a child support enforcement agency is required by    6,081        

division (A) of this section to issue one or more withholding or   6,082        

deduction notices described in this division, the agency shall     6,083        

issue one or more of the following types of notices to pay the     6,084        

support required under the administrative support order in         6,085        

question and to pay any arrearages:                                6,086        

      (1)(a)  If the child support enforcement agency determines   6,088        

that the obligor is employed RECEIVING INCOME FROM A PAYOR, the    6,089        

agency shall require the obligor's employer PAYOR to withhold      6,090        

from the obligor's personal earnings INCOME a specified amount     6,091        

for support in satisfaction of the administrative support order,   6,092        

to begin the withholding no later than the first pay period that   6,093        

occurs after fourteen working days following the date the notice   6,096        

was mailed to the employer PAYOR under divisions (A)(2) or (3)     6,097        

and (B)(1)(b) of this section OR, IF THE PAYOR IS AN EMPLOYER, NO  6,098        

LATER THAN THE FIRST PAY PERIOD THAT OCCURS AFTER FOURTEEN         6,100        

WORKING DAYS FOLLOWING THE DATE THE NOTICE WAS MAILED, to send                  

the amount withheld to the DIVISION OF child support enforcement   6,101        

agency for that county IN THE DEPARTMENT OF HUMAN SERVICES         6,103        

PURSUANT TO SECTION 5101.325 OF THE REVISED CODE, to send that     6,104        

                                                          142    

                                                                 
amount to the agency DIVISION immediately but not later than ten   6,105        

SEVEN WORKING days after the date the obligor is paid, and to      6,108        

continue the withholding at intervals specified in the notice                   

until further notice from the CHILD SUPPORT ENFORCEMENT agency.    6,109        

To the extent possible, the amount specified in the notice to be   6,111        

withheld shall satisfy the amount ordered for support in the       6,112        

administrative support order plus any arrearages that may be owed  6,113        

by the obligor under any prior court or administrative support     6,114        

order that pertained to the same child or spouse, notwithstanding  6,115        

the limitations of sections 2329.66, 2329.70, 2716.02, and         6,116        

2716.05 of the Revised Code.  However, in no case shall the sum    6,117        

of the amount specified in the notice to be withheld and any fee   6,118        

withheld by the employer PAYOR as a charge for its services        6,119        

exceed the maximum amount permitted under section 303(b) of the    6,120        

"Consumer Credit Protection Act," 15 U.S.C. 1673(b).               6,121        

      (b)  If the agency imposes a withholding requirement under   6,123        

division (B)(1)(a) of this section, the agency, within the         6,124        

applicable period of time specified in division (A) of this        6,125        

section, shall send to the obligor's employer PAYOR by regular     6,126        

mail a notice that contains all of the information set forth in    6,128        

divisions (B)(1)(b)(i) to (xi) of this section.  The notice is     6,129        

final and is enforceable by the court.  The notice shall contain   6,130        

all of the following:                                              6,131        

      (i)  The amount to be withheld from the obligor's wages      6,133        

INCOME and a statement that the amount actually withheld for       6,134        

support and other purposes, including the fee described in         6,135        

division (B)(1)(b)(xi) of this section, shall not be in excess of  6,136        

the maximum amounts permitted under section 303(b) of the          6,137        

"Consumer Credit Protection Act," 15 U.S.C. 1673(b);               6,138        

      (ii)  A statement that the employer PAYOR is required to     6,140        

send the amount withheld to the DIVISION OF child support          6,142        

enforcement agency immediately, but not later than ten SEVEN       6,143        

working days, after the obligor is paid by the employer and is     6,144        

required to report to the agency the date on which the amount was  6,146        

                                                          143    

                                                                 
withheld from the obligor's wages INCOME;                          6,147        

      (iii)  A statement that the withholding is binding upon the  6,149        

employer PAYOR until further notice from the agency;               6,150        

      (iv)  A statement that IF the PAYOR IS AN employer, THE      6,153        

PAYOR is subject to a fine to be determined under the law of this  6,154        

state for discharging the obligor from employment, refusing to     6,155        

employ the obligor, or taking any disciplinary action against the  6,156        

obligor because of the withholding requirement;                    6,157        

      (v)  A statement that, if the employer PAYOR fails to        6,159        

withhold wages INCOME in accordance with the provisions of the     6,160        

notice, the employer PAYOR is liable for the accumulated amount    6,162        

the employer PAYOR should have withheld from the obligor's wages   6,164        

INCOME;                                                                         

      (vi)  A statement that the withholding in accordance with    6,166        

the notice and under the provisions of this section has priority   6,167        

over any other legal process under the law of this state against   6,168        

the same wages INCOME;                                             6,169        

      (vii)  The date on which the notice was mailed and a         6,171        

statement that the employer PAYOR is required to implement the     6,172        

withholding no later than the first pay period that occurs after   6,173        

fourteen working days following the date the notice was mailed     6,174        

OR, IF THE PAYOR IS AN EMPLOYER, NO LATER THAN THE FIRST PAY       6,175        

PERIOD THAT OCCURS AFTER FOURTEEN WORKING DAYS FOLLOWING THE DATE  6,177        

THE NOTICE WAS MAILED and is required to continue the withholding  6,178        

at the intervals specified in the notice;                          6,179        

      (viii)  A requirement that the employer PAYOR promptly       6,181        

notify the child support enforcement agency, in writing, within    6,183        

ten working days after the date of any termination of the          6,184        

obligor's employment, any layoff of the obligor, any leave of      6,185        

absence of the obligor without pay, or any other situation THAT    6,186        

OCCURS, INCLUDING, TERMINATION OF EMPLOYMENT, LAYOFF OF THE        6,187        

OBLIGOR, ANY LEAVE OF ABSENCE OF THE OBLIGOR WITHOUT PAY,          6,188        

TERMINATION OF WORKERS' COMPENSATION BENEFITS, OR TERMINATION OF   6,189        

ANY PENSION, ANNUITY, ALLOWANCE, OR RETIREMENT BENEFIT in which    6,190        

                                                          144    

                                                                 
the employer PAYOR ceases to pay personal earnings INCOME in an    6,191        

amount sufficient to comply with the administrative order to the   6,192        

obligor and provide the agency with the obligor's last known       6,193        

address;                                                                        

      (ix)  A requirement that, IF the PAYOR IS AN employer, THE   6,196        

PAYOR identify in the notification given under division            6,197        

(B)(1)(b)(viii) of this section any types of benefits other than   6,198        

personal earnings that the obligor is receiving or is eligible to  6,199        

receive as a benefit of employment or as a result of the           6,200        

obligor's termination of employment, including, but not limited    6,201        

to, unemployment compensation, workers' compensation benefits,     6,202        

severance pay, sick leave, lump sum payments of retirement         6,203        

benefits or contributions, and bonuses or profit-sharing payments  6,204        

or distributions, and the amount of such benefits, and include in  6,205        

the notification the obligor's last known address and telephone    6,206        

number, date of birth, social security number, and case number     6,207        

and, if known, the name and business address of any new employer   6,208        

of the obligor;                                                                 

      (x)  A requirement that, no later than the earlier of        6,210        

forty-five days before the lump-sum payment is to be made or, if   6,211        

the obligor's right to the lump-sum payment is determined less     6,212        

than forty-five days before it is to be made, the date on which    6,213        

that determination is made, the employer PAYOR notify the child    6,214        

support enforcement agency of any lump-sum payments of any kind    6,215        

of five ONE hundred FIFTY dollars or more that are to be paid to   6,216        

the obligor, hold the lump-sum payments of five ONE hundred FIFTY  6,218        

dollars or more for thirty days after the date on which the        6,220        

lump-sum payments otherwise would have been paid to the obligor,   6,221        

if the lump-sum payments are workers' compensation benefits,       6,222        

severance pay, sick leave, lump-sum payments of retirement         6,223        

benefits or contributions, annual bonuses, or profit-sharing       6,224        

payments or distributions, and, upon order of the agency, pay any  6,225        

specified amount of the lump-sum payment to the DIVISION OF child  6,226        

support enforcement agency;                                        6,227        

                                                          145    

                                                                 
      (xi)  A statement that, in addition to the amount withheld   6,229        

for support, the employer PAYOR may withhold a fee from the        6,230        

obligor's earnings INCOME as a charge for its services in          6,231        

complying with the notice a specification of the amount that may   6,233        

be withheld.                                                                    

      (c)  The agency shall send the notice described in division  6,235        

(B)(1)(b) of this section to the obligor, and shall attach to the  6,236        

notice an additional notice requiring the obligor immediately to   6,237        

notify the child support enforcement agency, in writing, of any    6,238        

change in employment, including self-employment, and of the        6,239        

availability of any other sources of income that can be the        6,240        

subject of any withholding or deduction requirement described in   6,241        

division (B) of this section.  The agency shall serve the notices  6,242        

upon the obligor at the same time as service of the                6,243        

administrative support order or, if the administrative support     6,244        

order previously has been issued, shall send the notices to the    6,245        

obligor by regular mail at the obligor's last known address at     6,247        

the same time that it sends the notice described in division       6,248        

(B)(1)(b) of this section to the employer PAYOR.  The              6,249        

notification required of the obligor shall include a description   6,250        

of the nature of any new employment OR INCOME SOURCE, the name     6,251        

and, business address, AND TELEPHONE NUMBER of any new employer    6,252        

OR INCOME SOURCE, and any other information reasonably required    6,254        

by the agency.  No obligor shall fail to give the notification as  6,255        

required by division (B)(1)(c) of this section.                    6,256        

      (2)(a)  If the child support enforcement agency determines   6,258        

that the obligor is receiving workers' compensation payments, the  6,259        

agency may require the bureau of workers' compensation or the      6,260        

employer that has been granted the privilege of paying             6,261        

compensation directly and that is paying workers' compensation     6,262        

benefits to the obligor to withhold from the obligor's workers'    6,263        

compensation payments a specified amount for support in            6,264        

satisfaction of the administrative support order, to begin the     6,265        

withholding no later than the date of the first payment that       6,266        

                                                          146    

                                                                 
occurs after fourteen working days following the date the notice   6,267        

was mailed to the bureau or employer under divisions (A)(2) or     6,268        

(3) and (B)(2)(b) of this section, to send the amount withheld to  6,269        

the child support enforcement agency for that county, to send      6,271        

that amount to the agency immediately but not later than ten days  6,272        

after the date the payment is made to the obligor, to provide the  6,273        

date on which the amount was withheld, and to continue the         6,274        

withholding at intervals specified in the notice until further     6,275        

notice from the agency.  To the extent possible, the amount        6,276        

specified in the notice to be withheld shall satisfy the amount    6,277        

ordered for support in the administrative support order plus any   6,278        

arrearages that may be owed by the obligor under any prior court   6,279        

or administrative support order that pertained to the same child   6,280        

or spouse, notwithstanding the limitations of section 4123.67 of   6,281        

the Revised Code.  However, in no case shall the sum of the        6,282        

amount specified in the notice to be withheld and any fee          6,283        

withheld by an employer as a charge for its services exceed the    6,284        

maximum amount permitted under section 303(b) of the "Consumer     6,285        

Credit Protection Act," 15 U.S.C. 1673(b).                         6,286        

      (b)  If the agency imposes a withholding requirement under   6,288        

division (B)(2)(a) of this section, it, within the applicable      6,289        

period of time specified in division (A) of this section, shall    6,290        

send to the bureau of workers' compensation or the employer that   6,291        

is paying the obligor's workers' compensation benefits by regular  6,292        

mail a notice that contains all of the information set forth in    6,293        

divisions (B)(2)(b)(i) to (x) of this section.  The notice is      6,294        

final and is enforceable by the court.  The notice shall contain   6,295        

all of the following:                                              6,296        

      (i)  The amount to be withheld from the obligor's worker's   6,298        

compensation payments and a statement that the amount actually     6,299        

withheld for support and other purposes, including the fee         6,300        

described in division (B)(2)(b)(x) of this section, if             6,301        

applicable, shall not be in excess of the maximum amounts          6,302        

permitted under section 303(b) of the "Consumer Credit Protection  6,303        

                                                          147    

                                                                 
Act," 15 U.S.C. 1673(b);                                           6,304        

      (ii)  A statement that the bureau or employer is required    6,306        

to send the amount withheld to the child support enforcement       6,307        

agency immediately, but not later than ten working days, after     6,308        

the payment is made to the obligor and is required to report to    6,309        

the agency the date on which the amount was withheld from the      6,310        

obligor's payments;                                                6,311        

      (iii)  A statement that the withholding is binding upon the  6,313        

bureau or employer until further notice from the court or agency;  6,314        

      (iv)  If the notice is sent to an employer who is paying     6,316        

the obligor's worker's compensation benefits, a statement that,    6,317        

if the employer fails to withhold from the obligor's worker's      6,318        

compensation payments in accordance with the provisions of the     6,319        

notice, the employer is liable for the accumulated amount the      6,320        

employer should have withheld from the obligor's payments;         6,321        

      (v)  A statement that the withholding in accordance with     6,323        

the notice and under the provisions of this section has priority   6,324        

over any other legal process under the law of this state against   6,325        

the same payment of benefits;                                      6,326        

      (vi)  The date on which the notice was mailed and a          6,328        

statement that the bureau or employer is required to implement     6,329        

the withholding no later than the date of the first payment that   6,330        

occurs after fourteen working days following the date the notice   6,331        

was mailed and is required to continue the withholding at the      6,332        

intervals specified in the notice;                                 6,333        

      (vii)  A requirement that the bureau or employer promptly    6,335        

notify the child support enforcement agency, in writing, within    6,336        

ten working days after the date of any termination of the          6,337        

obligor's workers' compensation benefits;                          6,338        

      (viii)  A requirement that the bureau or employer include    6,340        

in all notices the obligor's last known mailing address, last      6,341        

known residence address, and social security number;               6,342        

      (ix)  A requirement that, no later than the earlier of       6,344        

forty-five days before the lump sum payment is to be made or, if   6,345        

                                                          148    

                                                                 
the obligor's right to the lump sum payment is determined less     6,346        

than forty-five days before it is to be made, the date on which    6,347        

that determination is made, the bureau or employer notify the      6,348        

child support enforcement agency of any lump-sum payment of any    6,349        

kind of five hundred dollars or more that is to be paid to the     6,350        

obligor, hold the lump-sum payment for thirty days after the date  6,351        

on which the lump-sum payment otherwise would be paid to the       6,352        

obligor, and, upon order of the agency, pay any specified amount   6,353        

of the lump-sum payment to the agency;                             6,354        

      (x)  If the notice is sent to an employer who is paying the  6,356        

obligor's workers' compensation benefits a statement that, in      6,357        

addition to the amount withheld for support, the employer may      6,358        

withhold a fee from the obligor's benefits as a charge for its     6,359        

services in complying with the notice and a specification of the   6,360        

amount that may be withheld.                                       6,361        

      (c)  The agency shall send the notice described in division  6,363        

(B)(2)(b) of this section to the obligor and shall attach to the   6,364        

notice an additional notice requiring the obligor to immediately   6,365        

notify the child support enforcement agency, in writing, of any    6,366        

change in the obligor's workers' compensation payments, of the     6,368        

commencement of employment, including self-employment, and of the  6,369        

availability of any other sources of income that can be the        6,370        

subject of any withholding or deduction requirement described in   6,371        

division (B) of this section.  The agency shall serve the notices  6,372        

upon the obligor at the same time as service of the                6,373        

administrative support order or, if the administrative support     6,374        

order previously has been issued, shall send the notices to the    6,375        

obligor by regular mail at the obligor's last known address at     6,376        

the same time that it sends the notice described in division       6,378        

(B)(2)(b) of this section to the bureau or employer.  The          6,379        

additional notice also shall specify that upon commencement of     6,380        

employment the obligor may request the child support enforcement   6,381        

agency to cancel its administrative workers' compensation payment  6,382        

withholding notice and instead issue a notice requiring the        6,383        

                                                          149    

                                                                 
withholding of an amount from the obligor's personal earnings for  6,384        

support in accordance with division (B)(1) of this section and     6,385        

that upon commencement of employment the agency may cancel its     6,386        

workers' compensation payment withholding notice and instead will  6,387        

issue a notice requiring the withholding of an amount from the     6,388        

obligor's personal earnings for support in accordance with         6,389        

division (B)(1) of this section.  The notification required of     6,390        

the obligor shall include a description of the nature of any new   6,391        

employment, the name and business address of any new employer,     6,392        

and any other information reasonably required by the agency.       6,393        

      (3)(a)  If the child support enforcement agency determines   6,395        

that the obligor is receiving any pension, annuity, allowance, or  6,396        

other benefit or is to receive or has received a warrant           6,397        

refunding the obligor's individual account from the public         6,398        

employees retirement system, a municipal retirement system         6,399        

established subject to sections 145.01 to 145.58 of the Revised    6,400        

Code, the police and firemen's disability and pension fund, the    6,402        

state teachers retirement system, the school employees retirement  6,403        

system, or the state highway patrol retirement system, the agency  6,404        

may require the public employees retirement board, the board,      6,405        

board of trustees, or other governing entity of any municipal      6,406        

retirement system, the board of trustees of the police and         6,407        

firemen's disability and pension fund, the state teachers          6,409        

retirement board, the school employees retirement board, or the    6,410        

state highway patrol retirement board to withhold from the         6,411        

obligor's pension, annuity, allowance, other benefit, or warrant   6,412        

a specified amount for support in satisfaction of the support      6,413        

order, to begin the withholding no later than the date of the      6,414        

first payment that occurs after fourteen working days following    6,415        

the date the notice was mailed to the board, board of trustees,    6,416        

or other entity under divisions (A)(2) or (3) and (B)(3)(b) of     6,417        

this section, to send the amount withheld to the child support     6,418        

enforcement agency for that county, to send that amount to the     6,420        

agency immediately but not later than ten days after the date the  6,421        

                                                          150    

                                                                 
payment is made to the obligor, to provide the date on which the   6,422        

amount was withheld, and to continue the withholding at intervals  6,423        

specified in the notice until further withholding notice of the    6,424        

agency.  To the extent possible, the amount specified in the       6,425        

notice to be withheld shall satisfy the amount ordered for         6,426        

support in the support order plus any arrearages that may be owed  6,427        

by the obligor under any prior court or administrative support     6,428        

order that pertained to the same child or spouse, notwithstanding  6,429        

the limitations of sections 2329.66, 2329.70, and 2716.13 of the   6,430        

Revised Code.  However, in no case shall the sum of the amount     6,431        

specified in the notice to be withheld and any fee withheld by     6,432        

the board, board of trustees, or other entity as a charge for its  6,433        

services exceed the maximum amount permitted under section 303(b)  6,434        

of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).        6,435        

      (b)  If the agency imposes a withholding requirement under   6,437        

division (B)(3)(a) of this section, it, within the applicable      6,438        

period of time specified in division (A) of this section, shall    6,439        

send to the board, board of trustees, or other entity by regular   6,440        

mail a notice that contains all of the information set forth in    6,441        

divisions (B)(3)(b)(i) to (ix) of this section.  The notice is     6,442        

final and is enforceable by the court.  The notice shall contain   6,443        

all of the following:                                              6,444        

      (i)  The amount to be withheld from the obligor's pension,   6,446        

annuity, allowance, other benefit, or warrant and a statement      6,447        

that the amount actually withheld for support and other purposes,  6,448        

including the fee described in division (B)(3)(b)(ix) of this      6,449        

section, shall not be in excess of the maximum amounts permitted   6,450        

under section 303(b) of the "Consumer Credit Protection Act," 15   6,451        

U.S.C. 1673(b);                                                    6,452        

      (ii)  A statement that the board, board of trustees, or      6,454        

other entity is required to send the amount withheld to the child  6,455        

support enforcement agency immediately, but not later than ten     6,456        

working days, after the payment is made to the obligor and is      6,457        

required to report to the agency the date on which the amount was  6,458        

                                                          151    

                                                                 
withheld from the obligor's payments;                              6,459        

      (iii)  A statement that the withholding is binding upon the  6,461        

board, board of trustees, or other entity until further notice     6,462        

from the court or agency;                                          6,463        

      (iv)  A statement that the withholding in accordance with    6,465        

the notice and under the provisions of this section has priority   6,466        

over any other legal process under the law of this state against   6,467        

the same payment of the pension, annuity, allowance, other         6,468        

benefit, or warrant;                                               6,469        

      (v)  The date on which the notice was mailed and a           6,471        

statement that the board, board of trustees, or other entity is    6,472        

required to implement the withholding no later than the date of    6,473        

the first payment that occurs after fourteen working days          6,474        

following the date the notice was mailed and is required to        6,475        

continue the withholding at the intervals specified in the         6,476        

notice;                                                            6,477        

      (vi)  A requirement that the board, board of trustees, or    6,479        

other entity promptly notify the child support enforcement         6,480        

agency, in writing, within ten working days after the date of any  6,481        

termination of the obligor's pension, annuity, allowance, or       6,482        

other benefit;                                                     6,483        

      (vii)  A requirement that the board, board of trustees, or   6,485        

other entity include in all notices the obligor's last known       6,486        

mailing address, last known residence address, and social          6,487        

security number;                                                   6,488        

      (viii)  A requirement that, no later than the earlier of     6,490        

forty-five days before the lump-sum payment is to be made or, if   6,491        

the obligor's right to the lump-sum payment is determined less     6,492        

than forty-five days before it is to be made, the date on which    6,493        

that determination is made, the board, board of trustees, or       6,494        

other entity notify the child support enforcement agency of any    6,495        

lump-sum payment of any kind of five hundred dollars or more that  6,496        

is to be paid to the obligor, hold the lump-sum payment for        6,497        

thirty days after the date on which the lump-sum payment would     6,498        

                                                          152    

                                                                 
otherwise be paid to the obligor, if the lump-sum payments are     6,499        

lump-sum payments of retirement benefits or contributions, and,    6,500        

upon order of the agency, pay any specified amount of the          6,501        

lump-sum payment to the agency;                                    6,502        

      (ix)  A statement that, in addition to the amount withheld   6,504        

for support, the board, board of trustees, or other entity may     6,505        

withhold a fee from the obligor's pension, annuity, allowance,     6,506        

other benefit, or warrant as a charge for its services in          6,507        

complying with the notice and a specification of the amount that   6,508        

may be withheld.                                                   6,509        

      (c)  The agency shall send the notice described in division  6,511        

(B)(3)(b) of this section to the obligor and shall attach to the   6,512        

notice an additional notice requiring the obligor immediately to   6,513        

notify the child support enforcement agency, in writing, of any    6,514        

change in the obligor's pension, annuity, allowance, or other      6,515        

benefit, of the commencement of employment, including              6,517        

self-employment, and of the availability of any other sources of   6,518        

income that can be the subject of any withholding or deduction     6,519        

requirement described in division (B) of this section.  The        6,520        

agency shall serve the notices upon the obligor at the same time   6,521        

as service of the administrative support order or, if the          6,522        

administrative support order previously has been issued, shall     6,523        

send the notices to the obligor by regular mail, at the obligor's  6,524        

last known address, at the same time it sends the notice           6,526        

described in division (B)(3)(b) of this section to the board,      6,527        

board of trustees, or other entity.  The additional notice also    6,528        

shall notify the obligor that upon commencement of employment the  6,529        

obligor may request the agency to issue a notice requiring the     6,531        

withholding of an amount from the obligor's personal earnings for  6,532        

support in accordance with division (B)(1) of this section and     6,533        

that upon commencement of employment the agency may cancel its     6,534        

withholding notice under division (B)(3)(b) of this section and    6,535        

instead will issue a notice requiring the withholding of an        6,536        

amount from the obligor's personal earnings for support in         6,537        

                                                          153    

                                                                 
accordance with division (B)(1) of this section.  The                           

notification required of the obligor shall include a description   6,538        

of the nature of any new employment, the name and business         6,539        

address of any new employer, and any other information reasonably  6,540        

required by the agency.                                            6,541        

      (4)(a)  If the child support enforcement agency determines   6,543        

that the obligor is receiving any form of income, including, but   6,544        

not limited to, disability or sick pay, insurance proceeds,        6,545        

lottery prize awards, federal, state, or local government          6,546        

benefits to the extent that the benefits can be withheld or        6,547        

deducted under any law governing the benefits, any form of trust   6,548        

fund or endowment fund, vacation pay, commissions and draws        6,549        

against commissions that are paid on a regular basis, bonuses or   6,550        

profit-sharing payments or distributions, or any lump-sum          6,551        

payments, the agency may require the person who pays or otherwise  6,552        

distributes the income to the obligor to withhold from the         6,553        

obligor's income a specified amount for support in satisfaction    6,554        

of the administrative support order, to begin the withholding no   6,555        

later than the date of the first payment that occurs after         6,556        

fourteen working days following the date the notice was mailed to  6,557        

the person paying or otherwise distributing the obligor's income   6,558        

under divisions (A)(2) or (3) and (B)(4)(b) of this section, to    6,559        

send the amount withheld to the child support enforcement agency   6,560        

for that county, to send that amount to the agency immediately     6,561        

but not later than ten days after the date the payment is made to  6,562        

the obligor, to provide the date on which the amount was           6,563        

withheld, and to continue the withholding at intervals specified   6,564        

in the notice until further notice from the agency.  To the        6,565        

extent possible, the amount specified in the notice to be          6,566        

withheld shall satisfy the amount ordered for support in the       6,567        

administrative support order plus any arrearages that may be owed  6,568        

by the obligor under any prior court or administrative support     6,569        

order that pertained to the same child or spouse, notwithstanding  6,570        

the limitations of sections 2329.66, 2329.70, and 2716.13 of the   6,571        

                                                          154    

                                                                 
Revised Code.  However, in no case shall the sum of the amount     6,572        

specified in the notice to be withheld and any fee withheld by     6,573        

the person paying or otherwise distributing the obligor's income   6,574        

as a charge for its services exceed the maximum amount permitted   6,575        

under section 303(b) of the "Consumer Credit Protection Act," 15   6,576        

U.S.C. 1673(b).                                                    6,577        

      (b)  If the agency imposes a withholding requirement under   6,579        

division (B)(4)(a) of this section, it, within the applicable      6,580        

period of time specified in division (A) of this section, shall    6,581        

send to the person paying or otherwise distributing the obligor's  6,582        

income by regular mail a notice that contains all of the           6,583        

information set forth in divisions (B)(4)(b)(i) to (ix) of this    6,584        

section.  The notice is final and is enforceable by the court.     6,585        

The notice shall contain all of the following:                     6,586        

      (i)  The amount to be withheld from the obligor's income     6,588        

and a statement that the amount actually withheld for support and  6,589        

other purposes, including the fee described in division            6,590        

(B)(4)(b)(ix) of this section, shall not be in excess of the       6,591        

maximum amounts permitted under section 303(b) of the "Consumer    6,592        

Credit Protection Act," 15 U.S.C. 1673(b);                         6,593        

      (ii)  A statement that the person paying or otherwise        6,595        

distributing the obligor's income is required to send the amount   6,596        

withheld to the child support enforcement agency immediately, but  6,597        

not later than ten working days, after the payment is made to the  6,598        

obligor and is required to report to the agency the date on which  6,599        

the amount was withheld from the obligor's payments;               6,600        

      (iii)  A statement that the withholding is binding upon the  6,602        

person paying or otherwise distributing the obligor's income       6,603        

until further notice from the court or agency;                     6,604        

      (iv)  A statement that the withholding in accordance with    6,606        

the notice and under the provisions of this section has priority   6,607        

over any other legal process under the law of this state against   6,608        

the same payment of the income;                                    6,609        

      (v)  The date on which the notice was mailed and a           6,611        

                                                          155    

                                                                 
statement that the person paying or otherwise distributing the     6,612        

obligor's income is required to implement the withholding no       6,613        

later than the date of the first payment that occurs after         6,614        

fourteen working days following the date the notice was mailed     6,615        

and is required to continue the withholding at the intervals       6,616        

specified in the notice;                                           6,617        

      (vi)  A requirement that the person paying or otherwise      6,619        

distributing the obligor's income promptly notify the child        6,620        

support enforcement agency, in writing, within ten days after the  6,621        

date of any termination of the obligor's income;                   6,622        

      (vii)  A requirement that the person paying or otherwise     6,624        

distributing the obligor's income include in all notices the       6,625        

obligor's last known mailing address, last known residence         6,626        

address, and social security number;                               6,627        

      (viii)  A requirement that, no later than the earlier of     6,629        

forty-five days before the lump-sum payment is to be made or, if   6,630        

the obligor's right to the lump-sum payment is determined less     6,631        

than forty-five days before it is to be made, the date on which    6,632        

that determination is made, the person paying or otherwise         6,633        

distributing the obligor's income notify the child support         6,634        

enforcement agency of any lump-sum payment of any kind of five     6,635        

hundred dollars or more that is to be paid to the obligor, hold    6,636        

the lump-sum payment for thirty days after the date on which the   6,637        

lump-sum payment would otherwise be paid to the obligor, if the    6,638        

lump-sum payment is sick pay, lump-sum payment of retirement       6,639        

benefits or contributions, or profit-sharing payments or           6,640        

distributions, and, upon order of the agency, pay any specified    6,641        

amount of the lump-sum payment to the child support enforcement    6,642        

agency;                                                            6,643        

      (ix)  A statement that, in addition, to the amount withheld  6,645        

for support, the person paying or otherwise distributing the       6,646        

obligor's income may withhold a fee from the obligor's income as   6,647        

a charge for its services in complying with the notice and a       6,648        

specification of the amount that may be withheld.                  6,649        

                                                          156    

                                                                 
      (c)  The agency shall send the notice described in division  6,651        

(B)(4)(b) of this section to the obligor and shall attach to the   6,652        

notice an additional notice requiring the obligor immediately to   6,653        

notify the child support enforcement agency, in writing, of any    6,654        

change in income to which the withholding notice applies, of the   6,656        

commencement of employment, including self-employment, and of the  6,657        

availability of any other sources of income that can be the                     

subject of any withholding or deduction requirement described in   6,658        

division (B) of this section.  The agency shall serve the notices  6,659        

upon the obligor at the same time as service of the                6,660        

administrative support order or, if the administrative support     6,661        

order previously has been issued, shall send the notices to the    6,662        

obligor by regular mail at the obligor's last known address at     6,663        

the same time that it sends the notice described in division       6,664        

(B)(4)(b) of this section to the person paying or otherwise        6,665        

distributing the obligor's income.  The additional notice also     6,666        

shall notify the obligor that upon commencement of employment the  6,667        

obligor may request the agency to issue a notice requiring the     6,668        

withholding of an amount from the obligor's personal earnings for  6,669        

support in accordance with division (B)(1) of this section and     6,670        

that upon commencement of employment the agency may cancel its     6,671        

withholding notice under division (B)(4)(b) of this section and    6,672        

instead will issue a notice requiring the withholding of an        6,673        

amount from the obligor's personal earnings for support in         6,674        

accordance with division (B)(1) of this section.  The              6,675        

notification required of the obligor shall include a description   6,676        

of the nature of any new employment, the name and business         6,677        

address of any new employer, and any other information reasonably  6,678        

required by the court.                                                          

      (5)(a)  If the child support enforcement agency determines   6,680        

that the obligor has funds on deposit in any account in a          6,681        

financial institution under the jurisdiction of the court, the     6,682        

agency may require any financial institution in which the          6,683        

obligor's funds are on deposit to deduct from the obligor's        6,684        

                                                          157    

                                                                 
account a specified amount for support in satisfaction of the      6,685        

administrative support order, to begin the deduction no later      6,686        

than fourteen working days following the date the notice was       6,687        

mailed to the financial institution under divisions (A)(2) or (3)  6,688        

and (B)(5)(2)(b) of this section, to send the amount deducted to   6,690        

the DIVISION OF child support enforcement agency for that county   6,691        

IN THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5101.325   6,692        

OF THE REVISED CODE, to send that amount to the agency DIVISION    6,693        

immediately but not later than ten SEVEN WORKING days after the    6,694        

date the latest deduction was made, to provide the date on which   6,697        

the amount was deducted, and to continue the deduction at          6,698        

intervals specified in the notice until further notice from the    6,699        

agency.  To the extent possible, the amount specified in the                    

notice to be deducted shall satisfy the amount ordered for         6,700        

support in the administrative support order plus any arrearages    6,701        

that may be owed by the obligor under any prior court or           6,702        

administrative support order that pertained to the same child or   6,703        

spouse, notwithstanding the limitations of sections 2329.66,       6,704        

2329.70, and 2716.13 of the Revised Code.  However, in no case     6,705        

shall the sum of the amount specified in the notice to be          6,706        

deducted and the fee deducted by the financial institution as a    6,707        

charge for its services exceed the maximum amount permitted under  6,708        

section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C.  6,709        

1673(b).                                                           6,710        

      (b)  If the agency imposes a deduction requirement under     6,712        

division (B)(5)(2)(a) of this section, it, within the applicable   6,714        

period of time specified in division (A) of this section, shall    6,715        

send to the financial institution by regular mail a notice that    6,716        

contains all of the information set forth in divisions             6,718        

(B)(5)(2)(b)(i) to (viii) of this section.  The notice is final    6,719        

and is enforceable by the court.  The notice shall contain all of  6,720        

the following:                                                     6,721        

      (i)  The amount to be deducted from the obligor's account    6,723        

and a statement that the amount actually deducted for support and  6,724        

                                                          158    

                                                                 
other purposes, including the fee described in division            6,726        

(B)(2)(b)(viii) of this section, shall not be in excess of the     6,727        

maximum amounts permitted under section 303(b) of the "Consumer    6,728        

Credit Protection Act," 15 U.S.C. 1673(b);                         6,729        

      (ii)  A statement that the financial institution is          6,731        

required to send the amount deducted to the DIVISION OF child      6,732        

support enforcement agency immediately, but not later than ten     6,733        

SEVEN working days, after the date the last deduction was made     6,734        

and is required to report to the agency the date on which the      6,736        

amount was deducted from the obligor's account;                    6,737        

      (iii)  A statement that the deduction is binding upon the    6,739        

financial institution until further notice from the court or       6,740        

agency;                                                            6,741        

      (iv)  A statement that the withholding in accordance with    6,743        

the notice and under the provisions of this section has priority   6,744        

over any other legal process under the law of this state against   6,745        

the same account;                                                  6,746        

      (v)  The date on which the notice was mailed and a           6,748        

statement that the financial institution is required to implement  6,749        

the deduction no later than fourteen working days following the    6,750        

date the notice was mailed and is required to continue the         6,751        

deduction at the intervals specified in the notice;                6,752        

      (vi)  A requirement that the financial institution promptly  6,754        

notify the child support enforcement agency, in writing, within    6,755        

ten days after the date of any termination of the account from     6,756        

which the deduction is being made and notify the agency, in        6,757        

writing, of the opening of a new account at that financial         6,758        

institution, the account number of the new account, the name of    6,759        

any other known financial institutions in which the obligor has    6,760        

any accounts, and the numbers of those accounts;                   6,761        

      (vii)  A requirement that the financial institution include  6,763        

in all notices the obligor's last known mailing address, last      6,764        

known residence address, and social security number;               6,765        

      (viii)  A statement that, in addition to the amount          6,767        

                                                          159    

                                                                 
deducted for support, the financial institution may deduct a fee   6,768        

from the obligor's account as a charge for its services in         6,769        

complying with the administrative order and a specification of     6,770        

the amount that may be deducted.                                   6,771        

      (c)  The agency shall send the notice described in division  6,773        

(B)(5)(2)(b) of this section to the obligor and shall attach to    6,775        

the notice an additional notice requiring the obligor immediately               

to notify the child support enforcement agency, in writing, of     6,776        

any change in the status of the account from which the amount of   6,777        

support is being deducted or the opening of a new account with     6,778        

any financial institution, of the commencement of employment,      6,779        

including self-employment, or of the availability of any other     6,780        

sources of income that can be the subject of any withholding or    6,781        

deduction requirement described in division (B) of this section.   6,782        

The agency shall serve the notices upon the obligor at the same    6,783        

time as service of the administrative support order or, if the     6,784        

support order previously has been issued, shall send the notices   6,785        

to the obligor by regular mail at the obligor's last known         6,786        

address at the same time that it sends the notice described in     6,788        

division (B)(5)(2)(b) of this section to the obligor.  The         6,789        

additional notice also shall notify the obligor that upon          6,791        

commencement of employment, the obligor may request the agency to  6,792        

cancel its financial institution account deduction notice and      6,793        

instead issue a notice requiring the withholding of an amount      6,794        

from the obligor's personal earnings for support in accordance     6,795        

with division (B)(1) of this section and that upon commencement    6,796        

of employment the agency may cancel its financial institution      6,797        

account deduction notice and instead will issue a notice           6,798        

requiring the withholding of an amount from the obligor's          6,799        

personal earnings for support in accordance with division (B)(1)   6,800        

of this section.  The notification required of the obligor shall   6,801        

include a description of the nature of any new accounts opened at  6,802        

a financial institution located in the county in which the agency  6,803        

is located, the name and business address of that financial        6,804        

                                                          160    

                                                                 
institution, a description of the nature of any new employment OR  6,805        

INCOME SOURCE, the name and, business address, AND TELEPHONE       6,807        

NUMBER of any new employer OR INCOME SOURCE, and any other         6,808        

information reasonably required by the agency.                     6,810        

      (C)  If an agency issues or modifies an administrative       6,812        

support order under section 3111.20, 3111.21 3111.211, or 3111.22  6,814        

of the Revised Code and issues one or more notices described in    6,815        

division (B) of this section, the agency to the extent possible    6,816        

shall issue a sufficient number of notices under division (B) of   6,817        

this section to provide that the aggregate amount withheld or      6,818        

deducted under those notices satisfies the amount ordered for      6,819        

support in the administrative support order plus any arrearages    6,820        

that may be owed by the obligor under any prior court or           6,821        

administrative support order that pertained to the same child or   6,822        

spouse, notwithstanding the limitations of sections 2329.66,       6,823        

2329.70, 2716.13, and 4123.67 of the Revised Code.  However, in    6,824        

no case shall the aggregate amount withheld or deducted PURSUANT   6,825        

TO A WITHHOLDING NOTICE ISSUED UNDER DIVISION (B)(1) OF THIS       6,826        

SECTION and any fees withheld or deducted PURSUANT TO THE NOTICE   6,828        

as a charge for services exceed the maximum amount permitted       6,830        

under section 303(b) of the "Consumer Credit Protection Act," 15   6,831        

U.S.C. 1673(b).                                                                 

      (D)  When two or more withholding or deduction notices that  6,833        

are described in division (B)(1) of this section are received by   6,834        

an employer, the bureau of workers' compensation, an employer      6,836        

that is paying more than one person's workers' compensation        6,837        

benefits, the public employees retirement board, the board, board  6,838        

of trustees, or other governing entity of any municipal            6,839        

retirement system, the board of trustees of the police and         6,840        

firemen's disability and pension fund, the state teachers          6,841        

retirement board, the school employees retirement board, the       6,843        

state highway patrol retirement board, a person paying or          6,844        

otherwise distributing income for more than one obligor, or a      6,845        

financial institution A PAYOR, the employer, bureau of workers'    6,846        

                                                          161    

                                                                 
compensation, employer paying workers' compensation benefits,      6,848        

board, board of trustees, or other governing entity of a           6,849        

retirement system, person paying or distributing income to an      6,850        

obligor, or financial institution PAYOR shall comply with all of   6,852        

the requirements contained in the notices to the extent that the   6,853        

total amount withheld from the obligor's personal earnings,        6,854        

payments, pensions, annuities, allowances, benefits, other         6,855        

sources of income, or savings does not exceed the maximum amount   6,856        

permitted under section 303(b) of the "Consumer Credit Protection  6,857        

Act," 15 U.S.C. 1673(b), withhold or deduct amounts in accordance  6,858        

with the allocation set forth in divisions (D)(1) and (2) of this  6,859        

section, notify each agency that issued one of the notices of the  6,860        

allocation, and give priority to amounts designated in each        6,861        

notice as current support in the following manner:                 6,862        

      (1)  If the total of the amounts designated in the notices   6,864        

as current support exceeds the amount available for withholding    6,865        

under section 303(b) of the "Consumer Credit Protection Act," 15   6,866        

U.S.C. 1673(b), the employer, bureau of workers' compensation,     6,867        

employer paying workers' compensation benefits, board, board of    6,868        

trustees, or other governing entity of a municipal retirement      6,869        

system, person paying or distributing income to an obligor, or     6,871        

financial institution PAYOR shall allocate to each notice an       6,872        

amount for current support equal to the amount designated in that  6,874        

notice as current support multiplied by a fraction in which the    6,875        

numerator is the amount of personal earnings, payments, pensions,  6,876        

annuities, allowances, benefits, other sources of income, or       6,877        

savings available for withholding and the denominator is the       6,878        

total amount designated in all of the notices as current support.  6,879        

      (2)  If the total of the amounts designated in the notices   6,881        

as current support does not exceed the amount available for        6,882        

withholding under section 303(b) of the "Consumer Credit           6,883        

Protection Act," 15 U.S.C. 1673(b), the persons and entities       6,884        

listed in division (C)(1) of this section PAYOR shall pay all of   6,886        

the amounts designated as current support in the notices and       6,887        

                                                          162    

                                                                 
shall allocate to each notice an amount for past-due support       6,888        

equal to the amount designated in that notice as past-due support  6,889        

multiplied by a fraction in which the numerator is the amount of   6,890        

personal earnings, payments, pensions, annuities, allowances,      6,891        

benefits, other sources of income, or savings remaining available  6,892        

for withholding after the payment of current support and the       6,893        

denominator is the total amount designated in all of the notices   6,894        

orders as past-due support.                                        6,895        

      (E)(1)  Except when a provision specifically authorizes or   6,897        

requires service other than as described in this division,         6,898        

service of any notice on any party, the bureau of workers'         6,899        

compensation, an employer that is paying a person's workers'       6,900        

compensation benefits, the public employees retirement board, the  6,901        

board, board of trustees, or other governing entity of any         6,902        

municipal retirement system, the board of trustees of the police   6,903        

and firemen's disability and pension fund, the state teachers      6,905        

retirement board, the school employees retirement board, the       6,906        

state highway patrol retirement board, a person paying or          6,907        

otherwise distributing an obligor's income, a financial            6,908        

institution, or an employer A PAYOR, for purposes of division (A)  6,910        

or (B) of this section, may SHALL be made by personal service or   6,911        

ordinary first class mail directed to the addressee at the         6,913        

addressee's last known address, or, in the case of a corporation,  6,914        

at its usual place of doing business.  A NOTICE SHALL BE           6,915        

CONSIDERED TO HAVE BEEN SERVED WHEN IT IS MAILED.                  6,916        

      (2)  Each party to an administrative support order shall     6,918        

notify the child support enforcement agency of the party's         6,919        

current mailing address and, current residence address, CURRENT    6,921        

RESIDENCE TELEPHONE NUMBER, AND CURRENT DRIVER'S LICENSE NUMBER,   6,922        

at the time of the issuance or modification of the order and,      6,923        

until further notice of the agency that issues the order, shall    6,924        

notify the agency of any change in either address THAT             6,925        

INFORMATION immediately after the change occurs.  No person shall  6,927        

fail to give the notice as required by division (E)(2) of this     6,928        

                                                          163    

                                                                 
section.                                                                        

      (3)  Each administrative support order issued pursuant to    6,930        

this section shall contain a statement requiring each party to     6,931        

the order to notify the child support enforcement agency in        6,932        

writing of the party's current mailing address, the party's        6,933        

current residence address, and of any changes in either address,   6,934        

and a notice that the requirement to notify the agency of all      6,935        

changes in either address continues until further notice from the  6,937        

agency.  NOTICE THAT STATES THE FOLLOWING IN BOLDFACED TYPE AND    6,939        

IN ALL CAPITAL LETTERS:                                                         

      "EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD      6,942        

SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT        6,943        

MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE      6,944        

TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY      6,945        

CHANGES IN THAT INFORMATION.  EACH PARTY MUST NOTIFY THE AGENCY    6,946        

OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE AGENCY.  IF YOU ARE   6,947        

THE OBLIGOR UNDER THE SUPPORT ORDER AND YOU FAIL TO MAKE THE       6,948        

REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST     6,949        

OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT   6,950        

OFFENSE.                                                                        

      IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED      6,952        

NOTIFICATIONS, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING         6,953        

ENFORCEMENT ACTIONS AGAINST YOU:  IMPOSITION OF LIENS AGAINST      6,954        

YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE,  6,956        

DRIVER'S LICENSE, AND RECREATIONAL LICENSE; WITHHOLDING FROM YOUR  6,957        

INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN                  

FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO   6,959        

OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION."         6,961        

      (4)(a)  The parent who is the residential parent and legal   6,963        

custodian of a child for whom an administrative support order is   6,964        

issued or the person who otherwise has custody of a child for      6,965        

whom an administrative support order is issued immediately shall   6,966        

notify, and the obligor under an administrative support order may  6,967        

notify, the child support enforcement agency of any reason for     6,968        

                                                          164    

                                                                 
which an administrative support order should terminate,            6,969        

including, but not limited to, THE CHILD'S ATTAINMENT OF THE AGE   6,970        

OF MAJORITY IF THE CHILD NO LONGER ATTENDS AN ACCREDITED HIGH      6,971        

SCHOOL ON A FULL-TIME BASIS; THE CHILD CEASING TO ATTEND SUCH A    6,973        

HIGH SCHOOL ON A FULL-TIME BASIS AFTER ATTAINING THE AGE OF        6,974        

MAJORITY; OR THE death, marriage, emancipation, enlistment in the  6,977        

armed services, deportation, or change of legal or physical        6,978        

custody of the child.  Upon receipt of a notice pursuant to this   6,979        

division, the agency immediately shall conduct an investigation    6,982        

to determine if any reason exists for which the administrative     6,983        

support order should terminate.  THE AGENCY MAY CONDUCT SUCH AN    6,984        

INVESTIGATION REGARDLESS OF WHETHER A PARENT OR PERSON WITH                     

CUSTODY SENDS A NOTICE THAT THE ORDER SHOULD TERMINATE.  If the    6,985        

agency so determines THE ORDER SHOULD TERMINATE, it immediately    6,986        

shall terminate the administrative support order.                  6,989        

      (b)  Upon receipt of a notice given pursuant to division     6,992        

(E)(4)(a) of this section, the agency shall DIRECT THE DIVISION    6,994        

OF CHILD SUPPORT TO impound any funds received for the child       6,995        

pursuant to the administrative support order and THE AGENCY SHALL  6,996        

set the case for an administrative hearing for a determination of  6,998        

whether the administrative support order should be terminated or   6,999        

modified or whether the agency should take any other appropriate   7,000        

action.                                                                         

      (c)  If the child support enforcement agency terminates an   7,002        

administrative support order pursuant to divisions (E)(4)(a) and   7,004        

(b) of this section, the termination of the support order also     7,005        

terminates any withholding or deduction order as described in      7,006        

division (B) of this section that was issued relative to the       7,007        

administrative support order prior to December 31, 1993, and any   7,008        

withholding or deduction notice as described in division (B) of    7,009        

this section that was issued relative to the administrative        7,010        

support order on or after December 31, 1993.  Upon the             7,011        

termination of any withholding or deduction order or any           7,012        

withholding or deduction notice, the agency immediately shall      7,013        

                                                          165    

                                                                 
notify each employer, PAYOR OR financial institution, or other     7,015        

person or entity that was required to withhold or deduct a sum of               

money for the payment of support under the terminated withholding  7,017        

or deduction order or the terminated withholding or deduction      7,018        

notice that the order or notice has been terminated and that it    7,019        

is required to cease all withholding or deduction under the order  7,020        

or notice.                                                         7,021        

      (d)  The department of human services shall adopt rules      7,023        

that provide for both of the following:                            7,024        

      (i)  The return PAYMENT to the appropriate person of any     7,026        

funds that a THE DIVISION OF child support enforcement agency has  7,028        

impounded under division (E)(4)(b) of this section, if the         7,030        

administrative support order under which CONSISTENT WITH the       7,031        

funds were paid has been terminated AGENCY'S DETERMINATION         7,032        

pursuant to divisions (E)(4)(a) and (b) of this section;           7,033        

      (ii)  The return to the appropriate person of any other      7,035        

payments made pursuant to an administrative support order, if the  7,036        

payments were made at any time after the administrative support    7,037        

order under which the funds were paid has been terminated          7,038        

pursuant to divisions (E)(4)(a) and (b) of this section.           7,039        

      (5)  If any party to an administrative support order         7,041        

requests a modification of the administrative support order or if  7,042        

any obligee under an administrative support order or any person    7,043        

on behalf of the obligee files any action to enforce an            7,044        

administrative support order with the agency, the agency shall     7,045        

proceed as provided in sections 3111.20 to 3111.28 and 3113.21 to  7,047        

3113.219 SECTION 3111.27 of the Revised Code. IF THE OBLIGOR IS    7,049        

IN DEFAULT UNDER THE ADMINISTRATIVE SUPPORT ORDER, THE AGENCY      7,050        

SHALL PROCEED AS PROVIDED IN DIVISION (B) OF SECTION 3113.21 OF    7,051        

THE REVISED CODE.  IF ANY PERSON OTHERWISE FILES AN ACTION TO                   

ENFORCE AN ADMINISTRATIVE SUPPORT ORDER, THE AGENCY SHALL PROCEED  7,052        

AS PROVIDED IN SECTIONS 3111.20 TO 3111.28 OF THE REVISED CODE.    7,053        

      (F)(1)(a)  Upon receipt of a notice that a lump-sum payment  7,055        

of five ONE hundred FIFTY dollars or more is to be paid to the     7,057        

                                                          166    

                                                                 
obligor, the agency shall do either of the following:              7,058        

      (a)(i)  If the obligor is in default under the               7,060        

administrative support order or has any unpaid arrearages under    7,061        

the administrative support order, issue an administrative order    7,062        

requiring the transmittal of the lump-sum payment to the DIVISION  7,063        

OF child support enforcement agency;                               7,064        

      (b)(ii)  If the obligor is not in default under the          7,066        

administrative support order and does not have any unpaid          7,067        

arrearages under the support order, issue an administrative order  7,068        

directing the person who gave the notice to the agency to          7,069        

immediately pay the full amount of the lump-sum payment to the     7,070        

obligor.                                                           7,071        

      (b)  UPON RECEIPT OF NOTICE THAT A LUMP-SUM PAYMENT OF LESS  7,074        

THAN ONE HUNDRED FIFTY DOLLARS IS TO BE PAID TO THE OBLIGOR, THE   7,075        

AGENCY MAY TAKE THE ACTION DESCRIBED IN DIVISION (F)(1)(a) OF      7,076        

THIS SECTION.                                                      7,077        

      (2)  Upon receipt of any moneys pursuant to division         7,079        

(F)(1)(a) of this section, a THE DIVISION OF child support         7,080        

enforcement agency shall pay the amount of the lump-sum payment    7,081        

that is necessary to discharge all of the obligor's arrearages to  7,082        

the obligee and, within two business days after its receipt of     7,083        

the money, any amount that is remaining after the payment of the   7,084        

arrearages to the obligor.                                         7,085        

      (G)(1)  Any administrative support order, or modification    7,087        

of an administrative support order, that is subject to this        7,088        

section shall contain the date of birth and social security        7,089        

number of the obligor.                                             7,090        

      (2)  No withholding or deduction notice described in         7,092        

division (B) of this section shall contain any information other   7,093        

than the information specifically required by division (B) or      7,094        

(G)(3) of this section or by any other section of the Revised      7,095        

Code and any additional information that the issuing agency        7,096        

determines may be necessary to comply with the notice.             7,097        

      (3)  Each withholding or deduction notice described in       7,099        

                                                          167    

                                                                 
division (B) of this section shall include notice of all of the    7,100        

following:                                                         7,101        

      (a)  That the child support enforcement agency may bring an  7,103        

action under section 3111.28 of the Revised Code requesting the    7,104        

court to find the employer, PAYOR OR financial institution,        7,106        

employer that is paying the obligor's workers' compensation        7,107        

benefits, public employees retirement board, board, board of       7,108        

trustees, or other governing entity of any municipal retirement    7,109        

system, board of trustees of the police and firemen's disability   7,110        

and pension fund, state teachers retirement board, school          7,112        

employees retirement board, state highway patrol retirement        7,113        

board, person paying or otherwise distributing an obligor's        7,114        

income, or bureau of workers' compensation in contempt pursuant                 

to section 2705.02 of the Revised Code if the employer, PAYOR OR   7,115        

financial institution, employer that is paying the obligor's       7,116        

workers' compensation benefits, public employees retirement        7,117        

board, board, board of trustees, or other governing entity of the  7,118        

municipal retirement system, board of trustees of the police and   7,119        

firemen's disability and pension fund, state teachers retirement   7,121        

board, school employees retirement board, state highway patrol     7,122        

retirement board, person paying or otherwise distributing the      7,123        

obligor's income, or bureau of workers' compensation fails to      7,124        

comply with the withholding or deduction notice;                   7,125        

      (b)  That, if the employer, PAYOR OR financial institution,  7,127        

employer that is paying the obligor's workers' compensation        7,129        

benefits, public employees retirement board, board, board of       7,130        

trustees, or other governing entity of the municipal retirement    7,131        

system, board of trustees of the police and firemen's disability   7,133        

and pension fund, state teachers retirement board, school          7,134        

employees retirement board, state highway patrol retirement        7,135        

board, person paying or otherwise distributing an obligor's        7,136        

income, or bureau of workers' compensation fails to comply with    7,137        

the withholding or deduction notice, that failure to comply is     7,139        

contempt pursuant to section 2705.02 of the Revised Code.          7,140        

                                                          168    

                                                                 
      (H)  No withholding or deduction notice described in         7,142        

division (B) of this section and issued under this section or any  7,143        

other section of the Revised Code shall be terminated solely       7,144        

because the obligor pays any part or all of the arrearages under   7,145        

the administrative support order.                                  7,146        

      (I)(1)  Except as provided in division (I)(2) of this        7,148        

section and section 2301.42 of the Revised Code and the rules      7,149        

adopted pursuant to division (C) of that section, if child         7,152        

support arrearages are owed by an obligor to the obligee and to    7,154        

the department of human services, any payments received on the     7,155        

arrearages by the DIVISION OF child support enforcement agency     7,156        

first shall be paid to the obligee until the arrearages owed to    7,158        

the obligee are paid in full.                                                   

      (2)  Division (I)(1) of this section does not apply to the   7,160        

collection of past-due child support from refunds of paid federal  7,161        

taxes pursuant to section 5101.32 of the Revised Code or of        7,162        

overdue child support from refunds of paid state income taxes      7,163        

pursuant to sections 5101.321 and 5747.121 of the Revised Code.    7,164        

      Sec. 3111.231.  IF A CHILD SUPPORT ENFORCEMENT AGENCY        7,166        

OTHERWISE REQUIRED BY DIVISION (A) OF SECTION 3111.23 OF THE       7,169        

REVISED CODE TO ISSUE A WITHHOLDING OR DEDUCTION NOTICE UNDER      7,171        

DIVISION (B) OF THAT SECTION IS UNABLE TO ISSUE THE NOTICE         7,173        

BECAUSE NONE OF THE CONDITIONS SPECIFIED IN DIVISION (B) OF THAT   7,174        

SECTION FOR ISSUING THE NOTICE APPLY TO THE OBLIGOR, THE AGENCY    7,175        

SHALL ISSUE AN ADMINISTRATIVE ORDER REQUIRING THE OBLIGOR, IF      7,176        

ABLE TO ENGAGE IN EMPLOYMENT, TO SEEK EMPLOYMENT OR PARTICIPATE    7,177        

IN A WORK ACTIVITY TO WHICH A RECIPIENT OF ASSISTANCE UNDER TITLE  7,179        

IV-A OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42         7,185        

U.S.C.A. 301, AS AMENDED, MAY BE ASSIGNED AS SPECIFIED IN SECTION  7,186        

407(d) OF THE "SOCIAL SECURITY ACT," 42 U.S.C.A. 607(d), AS        7,192        

AMENDED.  THE AGENCY SHALL INCLUDE IN THE ORDER A REQUIREMENT      7,193        

THAT THE OBLIGOR NOTIFY THE AGENCY ON OBTAINING EMPLOYMENT OR      7,194        

INCOME, OR OWNERSHIP OF ANY ASSET WITH A VALUE OF FIVE HUNDRED     7,195        

DOLLARS OR MORE.  THE AGENCY MAY ISSUE THE ORDER REGARDLESS OF     7,196        

                                                          169    

                                                                 
WHETHER THE OBLIGEE TO WHOM THE OBLIGOR OWES SUPPORT IS A          7,197        

RECIPIENT OF ASSISTANCE UNDER TITLE IV-A OF THE "SOCIAL SECURITY   7,201        

ACT."                                                              7,202        

      IF AN OBLIGOR IS ORDERED TO PARTICIPATE IN A WORK ACTIVITY,  7,206        

THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL OVERSEE THE OBLIGOR'S   7,207        

PARTICIPATION IN ACCORDANCE WITH RULES THE DEPARTMENT OF HUMAN     7,208        

SERVICES SHALL ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE        7,210        

REVISED CODE.  THE AGENCY MAY CONTRACT WITH ONE OR MORE PERSONS    7,212        

OR GOVERNMENT ENTITIES TO CARRY OUT SOME OR ALL OF ITS OVERSIGHT   7,213        

DUTIES.                                                                         

      IF AN OBLIGOR FAILS TO COMPLY WITH AN ADMINISTRATIVE ORDER,  7,216        

THE AGENCY SHALL SUBMIT A REQUEST TO A COURT FOR THE COURT TO      7,217        

TAKE ACTION UNDER DIVISION (D)(4) OF SECTION 3113.21 OF THE        7,219        

REVISED CODE.                                                      7,220        

      Sec. 3111.24.  (A)(1)  For purposes of this section, a       7,229        

withholding or deduction order that was issued prior to December   7,230        

31, 1993, under division (A)(1), (2), (3), (4), or (5) of section  7,231        

3111.23 of the Revised Code as the division existed prior to that  7,232        

date and that has not been terminated on or after December 31,     7,233        

1993, shall be considered to be a withholding or deduction notice  7,234        

issued under divisions (A) and (B)(1), OR (2), (3), (4), or (5)    7,236        

of section 3111.23 of the Revised Code.                            7,237        

      (2)  An employer A PAYOR required to withhold a specified    7,239        

amount from the personal earnings INCOME of an employee pursuant   7,240        

to a withholding notice issued under section 3111.23 of the        7,241        

Revised Code for purposes of support also may deduct from the      7,242        

personal earnings INCOME of the person, in addition to the amount  7,243        

withheld for purposes of support, a fee of two dollars or an       7,245        

amount not to exceed one per cent of the amount withheld for       7,246        

purposes of support, whichever is greater, as a charge for its     7,247        

services in complying with the withholding requirement included    7,248        

in the withholding notice.  An employer that is paying a person's  7,249        

workers' compensation benefits and that is required to withhold a  7,250        

specified amount from a person's workers' compensation benefits    7,251        

                                                          170    

                                                                 
pursuant to a withholding notice issued under divisions (A) and    7,252        

(B)(2) of section 3111.23 of the Revised Code for purposes of      7,253        

support also may deduct from the workers' compensation benefits,   7,254        

in addition to the amount withheld for purposes of support, a fee  7,255        

of two dollars or an amount not to exceed one per cent of the      7,256        

amount withheld for purposes of support, whichever is greater, as  7,257        

a charge for its services in complying with the withholding        7,258        

requirement included in the withholding notice.  A financial       7,259        

institution required to deduct funds from an account pursuant to   7,260        

a deduction notice issued under divisions (A) and (B)(5)(2) of     7,261        

section 3111.23 of the Revised Code for purposes of support may    7,262        

deduct from the account of the person, in addition to the amount   7,263        

deducted for purposes of support, a fee of five dollars or an      7,264        

amount not to exceed the lowest rate that it charges, if any, for  7,265        

a debit transaction in a similar account, whichever is less, as a  7,266        

charge for its service in complying with the deduction             7,267        

requirement included in the deduction notice.  The public          7,268        

employees retirement board, the board, board of trustees, or       7,269        

other governing entity of any municipal retirement system, the     7,270        

board of trustees of the police and firemen's disability and       7,271        

pension fund, the state teachers retirement board, the school      7,272        

employees retirement board, the state highway patrol retirement    7,273        

board, and a person paying or otherwise distributing an obligor's  7,274        

income required to withhold or deduct a specified amount from an   7,275        

obligor's pension, annuity, allowance, other benefit, or other     7,276        

source of income pursuant to a withholding or deduction notice     7,277        

issued under divisions (A) and (B)(3) or (4) of section 3111.23    7,278        

of the Revised Code for purposes of support also may deduct from   7,279        

the obligor's pension, annuity, allowance, other benefit, or       7,280        

other source of income, a fee of two dollars or an amount not to   7,281        

exceed one per cent of the amount withheld or deducted, whichever  7,282        

is less, as a charge for its services in complying with the        7,283        

withholding or deduction requirement included in the withholding   7,284        

or deduction notice.                                               7,285        

                                                          171    

                                                                 
      The entire amount withheld or deducted pursuant to a         7,287        

withholding or deduction notice issued under divisions (A) and     7,288        

(B) of section 3111.23 of the Revised Code for purposes of         7,289        

support shall be forwarded to the DIVISION OF child support        7,290        

enforcement agency IN THE DEPARTMENT OF HUMAN SERVICES             7,292        

immediately, but no later than ten SEVEN working days, after the   7,293        

withholding or deduction, as directed in the withholding or        7,294        

deduction notice.                                                  7,295        

      (B)  If an employer, a PAYOR OR financial institution, an    7,297        

employer that is paying an obligor's workers' compensation         7,299        

benefits, the public employees retirement board, the board, board  7,300        

of trustees, or other governing entity of any municipal            7,301        

retirement system, the board of trustees of the police and         7,302        

firemen's disability and pension fund, the state teachers          7,303        

retirement board, the school employees retirement board, the       7,304        

state highway patrol retirement board, the person paying or        7,305        

otherwise distributing an obligor's income, or the bureau of       7,306        

workers' compensation is required to withhold or deduct a          7,307        

specified amount from the personal earnings, payments, pensions,   7,308        

annuities, allowances, benefits, other sources of income, or       7,309        

savings of more than one obligor pursuant to a withholding or      7,310        

deduction notice issued under divisions (A) and (B) of section     7,311        

3111.23 of the Revised Code and is required to forward the         7,312        

amounts withheld or deducted to the DIVISION OF child support      7,313        

enforcement agency, the employer, the public employees retirement  7,314        

board, the board, board of trustees, or other governing entity of  7,315        

any municipal retirement system, the board of trustees of the      7,316        

police and firemen's disability and pension fund, the state        7,317        

teachers retirement board, the school employees retirement board,  7,318        

the state highway patrol retirement board, the person paying or    7,319        

otherwise distributing an obligor's income, the PAYOR OR           7,320        

financial institution, the employer that is paying an obligor's    7,321        

workers' compensation benefits, or the bureau of workers'          7,322        

compensation may combine all of the amounts to be forwarded in     7,323        

                                                          172    

                                                                 
one payment, provided the payment is accompanied by a list that    7,324        

clearly identifies each obligor who is covered by the payment and  7,325        

the portion of the payment that is attributable to that obligor.   7,326        

      (C)  Upon receipt of any amount forwarded from an employer,  7,328        

a PAYOR OR financial institution, an employer that is paying a     7,329        

person's workers' compensation benefits, the public employees      7,331        

retirement board, the board, board of trustees, or other           7,332        

governing entity of any municipal retirement system, the board of  7,333        

trustees of the police and firemen's disability and pension fund,  7,334        

the state teachers retirement board, the school employees          7,335        

retirement board, the state highway patrol retirement board, the   7,336        

person paying or otherwise distributing an obligor's income, or    7,337        

the bureau of workers' compensation under this section, a THE      7,338        

DIVISION OF child support enforcement agency shall distribute the  7,340        

amount to the obligee within two business days of its receipt of   7,341        

the amount forwarded. The department of human services may adopt,  7,342        

amend, and rescind rules in accordance with Chapter 119. of the    7,343        

Revised Code to assist child support enforcement agencies in the   7,344        

implementation of this division.                                   7,345        

      (D)  A PAYOR OR FINANCIAL INSTITUTION SHALL NOT BE SUBJECT   7,347        

TO CRIMINAL OR CIVIL LIABILITY FOR COMPLIANCE, IN ACCORDANCE WITH  7,348        

THIS SECTION, WITH A WITHHOLDING OR DEDUCTION NOTICE ISSUED        7,349        

PURSUANT TO DIVISION (B) OF SECTION 3111.23 OF THE REVISED CODE.   7,350        

      Sec. 3111.241.  (A)  As used in this section, "insurer"      7,359        

means any person that is authorized to engage in the business of   7,360        

insurance in this state under Title XXXIX of the Revised Code,     7,361        

any health insuring corporation, and any legal entity that is      7,363        

self-insured and provides benefits to its employees or members.    7,364        

      (B)  If an administrative officer of a child support         7,366        

enforcement agency issues IN ANY PROCEEDING IN WHICH an            7,367        

administrative support order IS ISSUED under section 3111.20,      7,369        

3111.21 3111.211, or 3111.22 of the Revised Code, in addition to   7,371        

any requirements in those sections, the CHILD SUPPORT ENFORCEMENT  7,372        

agency also shall issue a separate order that includes all         7,374        

                                                          173    

                                                                 
DETERMINE THE PARENT RESPONSIBLE FOR THE HEALTH CARE OF THE        7,375        

CHILDREN SUBJECT TO THE ORDER AND SHALL INCLUDE IN THE ORDER ONE   7,376        

of the following:                                                               

      (1)  A requirement that the obligor under the child support  7,378        

order obtain health insurance coverage for the children who are    7,379        

the subject of the administrative child support order from an      7,380        

insurer that provides a group health insurance or health care      7,381        

policy, contract, or plan that is specified in the order and a     7,382        

requirement that the obligor, no later than thirty days after the  7,383        

issuance of the order under division (B)(1) of this section,       7,384        

furnish written proof to the child support enforcement agency      7,385        

that the required health insurance coverage has been obtained, if  7,386        

that coverage is available at a reasonable cost through a group    7,387        

health insurance or health care policy, contract, or plan offered  7,388        

by the obligor's employer or through any other group health        7,389        

insurance or health care policy, contract, or plan available to    7,390        

the obligor and if health insurance coverage for the children IT   7,391        

is not available for a more reasonable cost through a group        7,393        

health insurance or health care policy, contract, or plan          7,394        

available to the obligee under the administrative child support    7,395        

order;                                                                          

      (2)  If the obligor is required under division (B)(1) of     7,397        

this section to obtain health insurance coverage for the children  7,398        

who are the subject of the administrative child support order, a   7,399        

requirement that the obligor supply the obligee with information   7,400        

regarding the benefits, limitations, and exclusions of the health  7,401        

insurance coverage, copies of any insurance forms necessary to     7,402        

receive reimbursement, payment, or other benefits under the        7,403        

health insurance coverage, and a copy of any necessary insurance   7,404        

cards, a requirement that the obligor submit a copy of the         7,405        

administrative order issued pursuant to division (B) of this       7,406        

section to the insurer at the time that the obligor makes          7,407        

application to enroll the children in the health insurance or      7,408        

health care policy, contract, or plan, and a requirement that the  7,409        

                                                          174    

                                                                 
obligor, no later than thirty days after the issuance of the       7,410        

administrative order under division (B)(2) of this section,        7,411        

furnish written proof to the child support enforcement agency      7,412        

that division (B)(2) of this section has been complied with;       7,413        

      (3)  A requirement that the obligee under the                7,415        

administrative child support order obtain health insurance         7,416        

coverage for the children who are the subject of the               7,417        

administrative child support order from an insurer that provides   7,418        

a group health insurance or health care policy, contract, or plan  7,419        

that is specified in the administrative order and a requirement    7,420        

that the obligee, no later than thirty days after the issuance of  7,421        

the administrative order under division (B)(1) of this section,    7,422        

furnish written proof to the child support enforcement agency      7,423        

that the required health insurance coverage has been obtained, if  7,424        

that coverage is available through a group health insurance or     7,425        

health care policy, contract, or plan offered by the obligee's     7,426        

employer or through any other group health insurance or health     7,427        

care policy, contract, or plan available to the obligee and if     7,428        

that coverage IT is available at a more reasonable cost than       7,429        

health insurance SUCH coverage for the children through a group    7,431        

health insurance or health care policy, contract, or plan IS       7,432        

available to the obligor;                                          7,433        

      (4)  If the obligee is required under division (B)(3) of     7,435        

this section to obtain health insurance coverage for the children  7,436        

who are the subject of the administrative child support order, a   7,437        

requirement that the obligee submit a copy of the administrative   7,438        

order issued pursuant to division (B) of this section to the       7,439        

insurer at the time that the obligee makes application to enroll   7,440        

the children in the health insurance or health care policy,        7,441        

contract, or plan;                                                 7,442        

      (5)  A list of the group health insurance and health care    7,444        

policies, contracts, and plans that the child support enforcement  7,445        

agency determines are available at a reasonable cost to the        7,446        

obligor or to the obligee and the name of the insurer that issues  7,447        

                                                          175    

                                                                 
each policy, contract, or plan;                                    7,448        

      (6)  A statement setting forth the name, address, and        7,450        

telephone number of the individual who is to be reimbursed for     7,451        

out-of-pocket medical, optical, hospital, dental, or prescription  7,452        

expenses paid for each child who is the subject of the             7,453        

administrative child support order and a statement that the        7,454        

insurer that provides the health insurance coverage for the        7,455        

children may continue making payment for medical, optical,         7,456        

hospital, dental, or prescription services directly to any health  7,457        

care provider in accordance with the applicable health insurance   7,458        

or health care policy, contract, or plan;                          7,459        

      (7)  A requirement that the obligor and the obligee          7,461        

designate the children who are the subject of the administrative   7,462        

child support order as covered dependents under any health         7,463        

insurance or health care policy, contract, or plan for which they  7,464        

contract;                                                          7,465        

      (8)  A requirement that the obligor, the obligee, or both    7,467        

of them under a formula established by the child support           7,468        

enforcement agency pay copayment or deductible costs required      7,469        

under the health insurance or health care policy, contract, or     7,470        

plan that covers the children;                                     7,471        

      (9)(3)  If health insurance coverage for the children who    7,473        

are the subject of the administrative order is not available at a  7,475        

reasonable cost through a group health insurance or health care    7,476        

policy, contract, or plan offered by the obligor's employer or     7,477        

through any other group health insurance or health care policy,    7,478        

contract, or plan available to the obligor and is not available    7,479        

at a reasonable cost through a group health insurance or health    7,480        

care policy, contract, or plan offered by the obligee's employer   7,481        

or through any other group health insurance or health care         7,482        

policy, contract, or plan available to OR the obligee, a           7,483        

requirement that the obligor and the obligee share liability for   7,485        

the cost of the medical and health care needs of the children who  7,486        

are the subject of the administrative order, under an equitable    7,487        

                                                          176    

                                                                 
formula established by the agency, and a requirement that if,      7,488        

after the issuance of the order, health insurance coverage for     7,489        

the children who are the subject of the administrative order       7,490        

becomes available at a reasonable cost through a group health      7,491        

insurance or health care policy, contract, or plan offered by the  7,492        

obligor's or obligee's employer or through any other group health  7,493        

insurance or health care policy, contract, or plan available to    7,494        

the obligor or obligee, the obligor or obligee to whom the         7,495        

coverage becomes available immediately inform the agency of that   7,496        

fact;                                                                           

      (10)  A notice that, if the obligor is required under        7,498        

divisions (B)(1) and (2) of this section to obtain health          7,499        

insurance coverage for the children who are the subject of the     7,500        

administrative child support order and if the obligor fails to     7,501        

comply with the requirements of those divisions, the child         7,502        

support enforcement agency immediately shall issue an              7,503        

administrative order to the employer of the obligor, upon written  7,504        

notice from the child support enforcement agency, requiring the    7,505        

employer to take whatever action is necessary to make application  7,506        

to enroll the obligor in any available group health insurance or   7,507        

health care policy, contract, or plan with coverage for the        7,508        

children who are the subject of the administrative child support   7,509        

order, to submit a copy of the administrative order issued         7,510        

pursuant to division (B) of this section to the insurer at the     7,511        

time that the employer makes application to enroll the children    7,512        

in the health insurance or health care policy, contract, or plan,  7,513        

and, if the obligor's application is accepted, to deduct any       7,514        

additional amount from the obligor's earnings necessary to pay     7,515        

any additional cost for that health insurance coverage;            7,516        

      (11)  A notice that during the time that an order under      7,518        

this section is in effect, the employer of the obligor is          7,519        

required to release to the obligee or the child support            7,520        

enforcement agency upon written request any necessary information  7,521        

on the health insurance coverage of the obligor, including, but    7,522        

                                                          177    

                                                                 
not limited to, the name and address of the insurer and any        7,523        

policy, contract, or plan number, and to otherwise comply with     7,524        

this section and any court order issued under this section;        7,525        

      (12)  A statement setting forth the full name and date of    7,527        

birth of each child who is the subject of the administrative       7,528        

child support order;                                               7,529        

      (13)  A requirement that the obligor and the obligee comply  7,531        

with any requirement described in division (B)(1), (2), (3), (4),  7,532        

or (7) of this section that is contained in the order issued       7,533        

under this section no later than thirty days after the issuance    7,534        

of the order.                                                      7,535        

      (C)  If an administrative officer of a child support         7,537        

enforcement agency issues an administrative support order under    7,538        

section 3111.20, 3111.21, or 3111.22 of the Revised Code, the      7,539        

child support enforcement agency, in addition to any requirements  7,541        

in those sections and in lieu of an order issued under division    7,542        

(B) of this section, may issue a separate order requiring both     7,543        

      (4)  A REQUIREMENT THAT BOTH the obligor and the obligee to  7,546        

obtain health insurance coverage for the children who are the      7,547        

subject of the administrative child support order, if health       7,548        

insurance coverage is available for the children and if the        7,549        

agency determines that the coverage is available at a reasonable   7,550        

cost to both the obligor and the obligee and that the dual         7,551        

coverage by both parents would provide for coordination of         7,552        

medical benefits without unnecessary duplication of coverage.  If  7,553        

the agency issues an order under this division, it shall include   7,554        

in the order any of the requirements, notices, and information     7,555        

set forth in divisions (B)(1) to (13) of this section that are     7,556        

applicable.                                                                     

      (D)(C)  AN ADMINISTRATIVE SUPPORT ORDER ISSUED PURSUANT TO   7,559        

SECTION 3111.20 OR 3111.22 OF THE REVISED CODE SHALL CONTAIN ALL   7,561        

OF THE FOLLOWING:                                                  7,562        

      (1)  IF THE OBLIGOR IS REQUIRED UNDER DIVISION (B)(1) OF     7,565        

THIS SECTION, THE OBLIGEE IS REQUIRED UNDER DIVISION (B)(2) OF     7,567        

                                                          178    

                                                                 
THIS SECTION, OR BOTH THE OBLIGOR AND OBLIGEE ARE REQUIRED UNDER   7,568        

DIVISION (B)(4) OF THIS SECTION, TO PROVIDE HEALTH INSURANCE       7,570        

COVERAGE FOR THE CHILDREN, A REQUIREMENT THAT THE OBLIGOR OR       7,571        

OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE,  7,572        

PROVIDE THE OTHER PARENT WITH INFORMATION REGARDING THE BENEFITS,  7,574        

LIMITATIONS, AND EXCLUSIONS OF THE HEALTH INSURANCE COVERAGE,      7,575        

COPIES OF ANY INSURANCE FORMS NECESSARY TO RECEIVE REIMBURSEMENT,  7,576        

PAYMENT, OR OTHER BENEFITS UNDER THE HEALTH INSURANCE COVERAGE,    7,577        

AND A COPY OF ANY NECESSARY INSURANCE CARDS, A REQUIREMENT THAT    7,578        

THE OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH       7,579        

INSURANCE COVERAGE, SUBMIT A COPY OF THE ADMINISTRATIVE ORDER      7,580        

ISSUED PURSUANT TO DIVISION (B)(1), (2), OR (4) OF THIS SECTION    7,582        

TO THE INSURER AT THE TIME THAT THE OBLIGOR OR OBLIGEE, WHOEVER                 

IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, MAKES             7,583        

APPLICATION TO ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR      7,584        

HEALTH CARE POLICY, CONTRACT, OR PLAN, AND A REQUIREMENT THAT THE  7,585        

OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH           7,586        

INSURANCE COVERAGE, FURNISH WRITTEN PROOF TO THE CHILD SUPPORT     7,587        

ENFORCEMENT AGENCY THAT DIVISION (C)(1) OF THIS SECTION HAS BEEN   7,588        

COMPLIED WITH;                                                                  

      (2)  A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE    7,590        

POLICIES, CONTRACTS, AND PLANS THAT THE CHILD SUPPORT ENFORCEMENT  7,591        

AGENCY DETERMINES ARE AVAILABLE AT A REASONABLE COST TO THE        7,592        

OBLIGOR OR TO THE OBLIGEE AND THE NAME OF THE INSURER THAT ISSUES  7,593        

EACH POLICY, CONTRACT, OR PLAN;                                    7,594        

      (3)  A STATEMENT SETTING FORTH THE NAME, ADDRESS, AND        7,596        

TELEPHONE NUMBER OF THE INDIVIDUAL WHO IS TO BE REIMBURSED FOR     7,597        

OUT-OF-POCKET MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION  7,598        

EXPENSES PAID FOR EACH CHILD WHO IS THE SUBJECT OF THE             7,599        

ADMINISTRATIVE CHILD SUPPORT ORDER AND A STATEMENT THAT THE        7,600        

INSURER THAT PROVIDES THE HEALTH INSURANCE COVERAGE FOR THE        7,601        

CHILDREN MAY CONTINUE MAKING PAYMENT FOR MEDICAL, OPTICAL,         7,602        

HOSPITAL, DENTAL, OR PRESCRIPTION SERVICES DIRECTLY TO ANY HEALTH  7,603        

CARE PROVIDER IN ACCORDANCE WITH THE APPLICABLE HEALTH INSURANCE   7,604        

                                                          179    

                                                                 
OR HEALTH CARE POLICY, CONTRACT, OR PLAN;                          7,605        

      (4)  A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE          7,607        

DESIGNATE THE CHILDREN AS COVERED DEPENDENTS UNDER ANY HEALTH      7,608        

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN FOR WHICH THEY  7,609        

CONTRACT;                                                          7,610        

      (5)  A REQUIREMENT THAT THE OBLIGOR, THE OBLIGEE, OR BOTH    7,612        

OF THEM UNDER A FORMULA ESTABLISHED BY THE CHILD SUPPORT           7,613        

ENFORCEMENT AGENCY PAY COPAYMENT OR DEDUCTIBLE COSTS REQUIRED      7,614        

UNDER THE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR     7,615        

PLAN THAT COVERS THE CHILDREN;                                     7,616        

      (6)  A NOTICE THAT THE EMPLOYER OF THE OBLIGOR OR OBLIGEE    7,618        

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IS REQUIRED TO        7,620        

RELEASE TO THE OTHER PARENT OR THE CHILD SUPPORT ENFORCEMENT       7,621        

AGENCY UPON WRITTEN REQUEST ANY NECESSARY INFORMATION ON THE       7,622        

HEALTH INSURANCE COVERAGE, INCLUDING, BUT NOT LIMITED TO, THE      7,623        

NAME AND ADDRESS OF THE INSURER AND ANY POLICY, CONTRACT, OR PLAN  7,624        

NUMBER, AND TO OTHERWISE COMPLY WITH THIS SECTION AND ANY COURT    7,625        

ORDER ISSUED UNDER THIS SECTION;                                                

      (7)  A STATEMENT SETTING FORTH THE FULL NAME AND DATE OF     7,627        

BIRTH OF EACH CHILD WHO IS THE SUBJECT OF THE ADMINISTRATIVE       7,628        

CHILD SUPPORT ORDER;                                               7,629        

      (8)  A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE COMPLY   7,631        

WITH ANY REQUIREMENT DESCRIBED IN DIVISION (B)(1), (2), AND (4),   7,632        

AND (C)(1) AND (4) OF THIS SECTION THAT IS CONTAINED IN THE ORDER  7,633        

ISSUED UNDER SECTION 3111.20, 3111.211, OR 3111.22 OF THE REVISED  7,635        

CODE NO LATER THAN THIRTY DAYS AFTER THE ISSUANCE OF THE ORDER.    7,637        

      (9)  A NOTICE THAT, IF THE OBLIGOR OR OBLIGEE IS REQUIRED    7,639        

TO OBTAIN HEALTH INSURANCE COVERAGE PURSUANT TO AN ADMINISTRATIVE  7,641        

SUPPORT ORDER FOR THE CHILDREN AND IF THE OBLIGOR OR OBLIGEE       7,642        

FAILS TO OBTAIN THE HEALTH INSURANCE COVERAGE, THE CHILD SUPPORT   7,643        

ENFORCEMENT AGENCY WILL COMPLY WITH DIVISION (D) OF THIS SECTION   7,644        

TO OBTAIN A COURT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO        7,645        

OBTAIN THE HEALTH INSURANCE COVERAGE;                              7,646        

      (10)  A NOTICE THAT STATES THE FOLLOWING:  "IF THE PERSON    7,648        

                                                          180    

                                                                 
REQUIRED TO OBTAIN HEALTH CARE INSURANCE COVERAGE FOR THE          7,649        

CHILDREN SUBJECT TO THIS ADMINISTRATIVE SUPPORT ORDER OBTAINS NEW  7,651        

EMPLOYMENT AND THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS   7,652        

PROVIDED THROUGH THE PREVIOUS EMPLOYER, THE AGENCY SHALL COMPLY    7,653        

WITH THE REQUIREMENTS OF DIVISION (E) OF SECTION 3111.241 OF THE   7,654        

REVISED CODE WHICH MAY RESULT IN THE ISSUANCE OF A NOTICE          7,657        

REQUIRING THE NEW EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY    7,658        

TO ENROLL THE CHILDREN IN HEALTH CARE INSURANCE COVERAGE PROVIDED  7,659        

BY THE NEW EMPLOYER."                                                           

      (D)  IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH      7,661        

INSURANCE COVERAGE PURSUANT TO AN ADMINISTRATIVE SUPPORT ORDER     7,663        

ISSUED IN ACCORDANCE WITH THIS SECTION DOES NOT OBTAIN THE                      

REQUIRED HEALTH INSURANCE COVERAGE WITHIN THIRTY DAYS AFTER THE    7,665        

ADMINISTRATIVE SUPPORT ORDER IS ISSUED, THE CHILD SUPPORT          7,666        

ENFORCEMENT AGENCY SHALL NOTIFY THE COURT OF COMMON PLEAS OF THE   7,667        

COUNTY IN WHICH THE AGENCY IS LOCATED IN WRITING OF THE FAILURE    7,668        

TO COMPLY WITH THE ADMINISTRATIVE SUPPORT ORDER.  ON RECEIPT OF    7,669        

THE NOTICE FROM THE AGENCY, THE COURT SHALL ISSUE AN ORDER TO THE  7,670        

EMPLOYER OF THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH       7,671        

INSURANCE COVERAGE REQUIRING THE EMPLOYER TO TAKE WHATEVER ACTION  7,672        

IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR OBLIGEE  7,673        

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY AVAILABLE      7,675        

GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN    7,676        

WITH COVERAGE FOR THE CHILDREN, TO SUBMIT A COPY OF THE            7,677        

ADMINISTRATIVE SUPPORT ORDER TO THE INSURER AT THE TIME THAT THE   7,678        

EMPLOYER MAKES APPLICATION TO ENROLL THE CHILDREN IN THE HEALTH    7,680        

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN, AND, IF THE    7,681        

APPLICATION IS ACCEPTED, TO DEDUCT FROM THE WAGES OR OTHER INCOME  7,682        

OF THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE      7,683        

COVERAGE THE COST OF THE COVERAGE FOR THE CHILDREN.  ON RECEIPT    7,685        

OF ANY COURT ORDER UNDER THIS DIVISION, THE EMPLOYER SHALL TAKE    7,686        

WHATEVER ACTION IS NECESSARY TO COMPLY WITH THE COURT ORDER.       7,687        

      (E)(1)  IF AN OBLIGOR OR OBLIGEE IS REQUIRED TO OBTAIN       7,690        

HEALTH INSURANCE COVERAGE PURSUANT TO AN ADMINISTRATIVE SUPPORT    7,691        

                                                          181    

                                                                 
ORDER IN ACCORDANCE WITH THIS SECTION AND THE OBLIGOR OR OBLIGEE   7,692        

OBTAINS HEALTH INSURANCE COVERAGE FOR THE CHILDREN THROUGH AN      7,693        

EMPLOYER AND SUBSEQUENTLY OBTAINS NEW EMPLOYMENT, THE CHILD        7,694        

SUPPORT ENFORCEMENT AGENCY SHALL INVESTIGATE WHETHER THE NEW       7,695        

EMPLOYER OFFERS HEALTH INSURANCE COVERAGE THAT WOULD COVER THE     7,696        

CHILDREN.  IF THE AGENCY DETERMINES THAT THE NEW EMPLOYER          7,697        

PROVIDES HEALTH INSURANCE COVERAGE THAT WOULD COVER THE CHILDREN,  7,698        

THE AGENCY SHALL SEND A NOTICE DESCRIBED IN DIVISION (E)(2) OF     7,700        

THIS SECTION AND A COPY OF THE ADMINISTRATIVE SUPPORT ORDER TO     7,701        

THE NEW EMPLOYER AND SHALL SEND A COPY OF THE NOTICE TO THE        7,702        

OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH           7,703        

INSURANCE COVERAGE UNDER THE ADMINISTRATIVE SUPPORT ORDER.  ON     7,704        

RECEIPT OF THE NOTICE, THE NEW EMPLOYER SHALL COMPLY WITH ITS      7,705        

PROVISIONS.                                                                     

      (2)  THE NOTICE REQUIRED BY DIVISION (E)(1) SHALL CONTAIN    7,708        

THE FOLLOWING:                                                     7,709        

      (a)  A REQUIREMENT THAT THE NEW EMPLOYER TAKE WHATEVER       7,712        

ACTION IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR   7,713        

OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE,  7,714        

IN ANY AVAILABLE GROUP HEALTH INSURANCE OR HEALTH CARE POLICY,     7,715        

CONTRACT, OR PLAN WITH COVERAGE FOR THE CHILDREN;                  7,716        

      (b)  A REQUIREMENT THAT THE NEW EMPLOYER SUBMIT A COPY OF    7,719        

THE ADMINISTRATIVE SUPPORT ORDER REQUIRING THE OBLIGOR OR OBLIGEE  7,720        

TO OBTAIN HEALTH CARE INSURANCE FOR THE CHILDREN TO THE INSURER    7,721        

AT THE TIME THAT THE EMPLOYER MAKES APPLICATION TO ENROLL THE      7,722        

CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT,  7,723        

OR PLAN;                                                                        

      (c)  A REQUIREMENT THAT, IF THE APPLICATION IS ACCEPTED,     7,726        

THE NEW EMPLOYER DEDUCT FROM THE WAGES OR OTHER INCOME OF THE      7,727        

OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN THE HEALTH       7,728        

INSURANCE COVERAGE, THE COST OF THE COVERAGE FOR THE CHILDREN;     7,729        

      (d)  A STATEMENT THAT THE PROVISIONS OF THE NOTICE ARE       7,732        

FINAL AND ENFORCEABLE BY A COURT AND ARE INCORPORATED INTO THE     7,733        

ADMINISTRATIVE SUPPORT ORDER UNLESS THE OBLIGOR OR OBLIGEE                      

                                                          182    

                                                                 
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, WITHIN TEN DAYS      7,734        

AFTER THE DATE ON WHICH THE NOTICE IS SENT, FILES A WRITTEN        7,735        

REQUEST WITH THE AGENCY REQUESTING MODIFICATION OF THE             7,736        

ADMINISTRATIVE SUPPORT ORDER PURSUANT TO SECTION 3111.27 OF THE    7,737        

REVISED CODE.                                                      7,738        

      (F)  Any administrative SUPPORT order issued under IN        7,741        

ACCORDANCE WITH, OR ANY COURT ORDER ISSUED UNDER DIVISION (D) OF,  7,742        

this section shall be binding upon the obligor and the obligee,    7,744        

their employers, and any insurer that provides health insurance    7,745        

coverage for either of them or their children.  The agency shall   7,746        

send a copy of any THE administrative SUPPORT order issued under   7,748        

this section that contains any requirement or notice described in  7,749        

division (B)(1), (2), (3), (4), (7), (8), or (10) of this section  7,751        

OR COURT ORDER by ordinary mail to the obligor, the obligee, and   7,752        

any employer that is subject to the administrative order OR COURT  7,753        

ORDER.  The agency shall send a copy of any administrative order   7,755        

issued under this section that contains any requirement contained  7,756        

in division (B)(9) of this section by ordinary mail to the         7,757        

obligor and obligee.                                                            

      (E)  If an obligor does not comply with any administrative   7,759        

order issued under this section that contains any requirement or   7,760        

notice described in division (B)(1), (2), (4), (7), (8), or (10)   7,761        

of this section within thirty days after the administrative order  7,762        

is issued, the child support enforcement agency shall notify the   7,763        

court of common pleas of the county in which the agency is         7,764        

located in writing of the failure of the obligor to comply with    7,765        

the administrative order.  Upon receipt of the notice from the     7,766        

agency, the court shall issue an order to the employer of the      7,767        

obligor requiring the employer to take whatever action is          7,768        

necessary to make application to enroll the obligor in any         7,769        

available group health insurance or health care policy, contract,  7,770        

or plan with coverage for the children who are the subject of the  7,771        

administrative child support order, to submit a copy of the        7,772        

administrative order issued pursuant to division (B) of this       7,773        

                                                          183    

                                                                 
section to the insurer at the time that the employer makes         7,774        

application to enroll the children in the health insurance or      7,775        

health care policy, contract, or plan, and, if the obligor's       7,776        

application is accepted, to deduct from the wages or other income  7,777        

of the obligor the cost of the coverage for the children.  Upon    7,778        

receipt of any court order under this division, the employer       7,779        

shall take whatever action is necessary to comply with the court   7,780        

order.                                                             7,781        

      (G)(1)  During the time that any administrative SUPPORT      7,783        

ORDER ISSUED IN ACCORDANCE WITH, or court order issued under       7,785        

DIVISION (D) OF, this section is in effect and after the employer  7,787        

has received a copy of the administrative SUPPORT ORDER or court   7,788        

order, the employer of the obligor who is the subject of OR        7,789        

OBLIGEE REQUIRED TO COMPLY WITH the administrative SUPPORT ORDER   7,790        

or court order shall comply with the administrative SUPPORT ORDER  7,791        

or court order and, upon request from the obligee OTHER PARENT or  7,793        

THE agency, shall release to the obligee THAT OTHER PARENT and     7,795        

the child support enforcement agency all information about the     7,797        

obligor's health insurance coverage that is necessary to ensure    7,798        

compliance with this section or any administrative SUPPORT ORDER   7,799        

ISSUED IN ACCORDANCE WITH, or court order issued under DIVISION    7,800        

(D) OF, this section, including, but not limited to, the name and  7,801        

address of the insurer and any policy, contract, or plan number.   7,802        

Any information provided by an employer pursuant to this division  7,803        

shall be used only for the purpose of the enforcement of an THE    7,804        

administrative SUPPORT ORDER or court order issued under this      7,805        

section.                                                           7,806        

      (2)  Any employer who receives a copy of an THE              7,808        

administrative SUPPORT ORDER or court order issued under this      7,810        

section shall notify the child support enforcement agency of any   7,811        

change in or the termination of the obligor's health insurance     7,812        

coverage that is maintained pursuant to an THE order issued under  7,813        

this section.                                                                   

      (F)(3)  Any insurer that receives a copy of an               7,815        

                                                          184    

                                                                 
administrative SUPPORT order OR COURT ORDER issued under IN        7,816        

ACCORDANCE WITH this section shall comply with this section and    7,818        

any administrative order issued under this section, regardless of  7,819        

the residence of the children.  If an insurer provides health      7,820        

insurance coverage for the children who are the subject of an      7,821        

administrative child support order in accordance with an THE       7,822        

ADMINISTRATIVE SUPPORT order OR COURT ORDER issued under DIVISION  7,823        

(D) OF this section, the insurer shall reimburse the parent, who   7,824        

is designated to receive reimbursement in the administrative       7,825        

SUPPORT order issued under this section, for covered               7,827        

out-of-pocket medical, optical, hospital, dental, or prescription  7,828        

expenses incurred on behalf of the children subject to the         7,829        

administrative order.                                                           

      (G)(H)  If an obligee under an administrative child support  7,831        

order ISSUED IN ACCORDANCE WITH THIS SECTION is eligible for       7,832        

medical assistance under Chapter 5111. or 5115. of the Revised     7,834        

Code and the obligor has obtained health insurance coverage        7,835        

pursuant to an administrative order issued under division (B) of   7,836        

this section, the obligee shall notify any physician, hospital,    7,837        

or other provider of medical services for which medical            7,838        

assistance is available of the name and address of the obligor's   7,839        

insurer and of the number of the obligor's health insurance or     7,840        

health care policy, contract, or plan.  Any physician, hospital,   7,841        

or other provider of medical services for which medical            7,842        

assistance is available under Chapter 5111. or 5115. of the        7,843        

Revised Code who is notified under this division of the existence  7,844        

of a health insurance or health care policy, contract, or plan     7,845        

with coverage for children who are eligible for medical                         

assistance first shall bill the insurer for any services provided  7,846        

for those children.  If the insurer fails to pay all or any part   7,847        

of a claim filed under this division by the physician, hospital,   7,848        

or other medical services provider and the services for which the  7,849        

claim is filed are covered by Chapter 5111. or 5115. of the        7,850        

Revised Code, the physician, hospital, or other medical services   7,852        

                                                          185    

                                                                 
provider shall bill the remaining unpaid costs of the services in  7,853        

accordance with Chapter 5111. or 5115. of the Revised Code.        7,854        

      (H)(I)  Any obligor who fails to comply with an              7,856        

administrative SUPPORT order issued under IN ACCORDANCE WITH, OR   7,857        

A COURT ORDER ISSUED UNDER DIVISION (D) OF, this section is        7,858        

liable to the obligee for any medical expenses incurred as a       7,860        

result of the failure to comply with the administrative order.     7,861        

AN OBLIGEE WHO FAILS TO COMPLY WITH AN ADMINISTRATIVE SUPPORT      7,862        

ORDER ISSUED IN ACCORDANCE WITH, OR A COURT ORDER ISSUED UNDER     7,863        

DIVISION (D) OF, THIS SECTION IS LIABLE TO THE OBLIGOR FOR ANY     7,864        

MEDICAL EXPENSES INCURRED AS A RESULT OF THE FAILURE TO COMPLY                  

WITH THE ORDER.                                                    7,865        

      (I)(J)  Nothing in this section shall be construed to        7,867        

require an insurer to accept for enrollment any child who does     7,868        

not meet the underwriting standards of the health insurance or     7,869        

health care policy, contract, or plan for which application is     7,870        

made.                                                                           

      (J)  If any person fails to comply with an administrative    7,872        

(K)  WHOEVER VIOLATES A COURT order issued under DIVISION (D) OF   7,874        

this section, the agency may bring an action under section         7,876        

3111.242 of the Revised Code in the juvenile court of the county   7,877        

in which the agency is located requesting the court to find the    7,878        

obligor or any other person in MAY BE PUNISHED AS FOR contempt     7,879        

pursuant to section 2705.02 of the Revised Code.                   7,880        

      (L)  AN ADMINISTRATIVE ORDER ISSUED PURSUANT TO THIS         7,883        

SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT TO PROVIDE   7,884        

FOR THE HEALTH CARE NEEDS OF CHILDREN SUBJECT TO AN                7,885        

ADMINISTRATIVE SUPPORT ORDER ISSUED PURSUANT TO FORMER SECTION     7,886        

3111.21 OR SECTION 3111.20 OR 3111.22 OF THE REVISED CODE SHALL    7,888        

REMAIN IN FULL FORCE AND EFFECT AND SHALL BE CONSIDERED A          7,889        

REQUIREMENT INCLUDED AS PART OF THE ADMINISTRATIVE SUPPORT ORDER.  7,890        

THE ADMINISTRATIVE SUPPORT ORDER SHALL BE SUBJECT TO THE           7,891        

PROVISIONS OF THIS SECTION ON AND AFTER THE EFFECTIVE DATE OF      7,892        

THIS AMENDMENT.                                                                 

                                                          186    

                                                                 
      Sec. 3111.242.  (A)  If an obligor or any other person       7,901        

fails to comply with an administrative order issued under FORMER   7,903        

SECTION 3111.21 OR section 3111.20, 3111.21 3111.211, OR 3111.22,  7,905        

or 3111.241 of the Revised Code, the child support enforcement     7,907        

agency that issued the administrative order may request the        7,908        

juvenile court of the county in which the agency is located to                  

find the obligor or other person in contempt pursuant to section   7,909        

2705.02 of the Revised Code.                                       7,910        

      (B)  IF AN ALLEGED FATHER OR NATURAL MOTHER WILLFULLY FAILS  7,913        

TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER, NATURAL       7,914        

MOTHER, OR ANY OTHER PERSON WHO IS THE CUSTODIAN OF THE CHILD      7,915        

WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, AS         7,916        

REQUIRED BY AN ORDER FOR GENETIC TESTING ISSUED UNDER SECTION      7,917        

3111.22 OF THE REVISED CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY  7,920        

THAT ISSUED THE ORDER MAY REQUEST THAT THE JUVENILE COURT OF THE   7,921        

COUNTY IN WHICH THE AGENCY IS LOCATED FIND THE ALLEGED FATHER,     7,922        

NATURAL MOTHER, OR OTHER PERSON IN CONTEMPT PURSUANT TO SECTION    7,923        

2705.02 OF THE REVISED CODE.                                       7,925        

      Sec. 3111.25.  (A)(1)  For purposes of this section, a       7,934        

withholding or deduction order that was issued prior to December   7,935        

31, 1993, under division (A)(1), (2), (4), or (5) of section       7,936        

3111.23 of the Revised Code as the division existed prior to that  7,937        

date and that has not been terminated on or after December 31,     7,938        

1993, shall be considered to be a withholding or deduction notice  7,939        

issued under divisions (A) and (B)(1), OR (2), (4), or (5) of      7,941        

section 3111.23 of the Revised Code.                               7,942        

      (2)  An employer A PAYOR that fails to withhold an amount    7,944        

from an obligor's personal earnings INCOME for support in          7,946        

accordance with a withholding requirement contained in a           7,948        

withholding notice issued under divisions (A) and (B)(1) of        7,949        

section 3111.23 of the Revised Code, an employer that is paying    7,950        

an obligor's workers' compensation benefits and that fails to      7,951        

withhold the obligor's workers' compensation benefits for support  7,952        

in accordance with a withholding requirement contained in a        7,953        

                                                          187    

                                                                 
withholding notice issued under divisions (A) and (B)(2) of        7,954        

section 3111.23 of the Revised Code, OR a financial institution    7,955        

that fails to deduct funds from an obligor's account for support   7,956        

in accordance with a deduction requirement contained in a          7,957        

deduction notice issued under divisions (A) and (B)(5)(2) of       7,958        

section 3111.23 of the Revised Code, or any other person that      7,960        

fails to withhold or deduct an amount from the income of an        7,961        

obligor in accordance with a withholding or deduction requirement  7,962        

contained in a withholding or deduction notice issued under        7,963        

divisions (A) and (B)(4) of section 3111.23 of the Revised Code    7,964        

is liable for the amount that was not withheld or deducted,        7,965        

provided that no PAYOR THAT IS AN employer whose normal pay and    7,967        

disbursement cycles make it impossible to comply with a                         

withholding requirement contained in a withholding notice issued   7,968        

under divisions (A) and (B)(1) of section 3111.23 of the Revised   7,969        

Code shall be liable for the amount not withheld if the employer,  7,970        

as soon as possible after the employer's receipt of the            7,971        

withholding notice, provides the agency that issued the            7,972        

withholding notice with written notice of the impossibility and    7,973        

the reasons for the impossibility.  An employer who is liable      7,974        

under this provision for an amount that was not withheld shall be  7,975        

ordered by the agency to pay that amount to the DIVISION OF child  7,976        

support enforcement agency IN THE DEPARTMENT OF HUMAN SERVICES,    7,978        

to be disbursed in accordance with the administrative support      7,980        

order for the benefit of the child or spouse.                      7,981        

      (B)  No PAYOR THAT IS AN employer may use a requirement to   7,983        

withhold personal earnings contained in a withholding notice       7,985        

issued under divisions (A) and (B)(1) of section 3111.23 of the    7,986        

Revised Code as a basis for a discharge of, or for any             7,987        

disciplinary action against, an employee, or as a basis for a      7,988        

refusal to employ a person.                                                     

      Sec. 3111.26.  If a child support enforcement agency is      7,997        

requested to determine the existence or nonexistence of a parent   7,998        

and child relationship pursuant to sections 3111.21 3111.22 to     7,999        

                                                          188    

                                                                 
3111.29 of the Revised Code, the administrative officer shall      8,001        

provide notice of the determination request pursuant to the Rules               

of Civil Procedure to the natural mother of the child who is the   8,002        

subject of the request, each man presumed to be the father of the  8,003        

child under section 3111.03 of the Revised Code, and each man      8,004        

alleged to be the natural father of the child.  IF THE AGENCY IS   8,005        

UNABLE TO OBTAIN SERVICE OF PROCESS ON THE PRESUMED FATHER,        8,006        

ALLEGED FATHER, OR NATURAL MOTHER WITHIN THE TIME PERIOD           8,007        

DESCRIBED IN DIVISION (C)(1) OF SECTION 3111.22 OF THE REVISED     8,009        

CODE, THE AGENCY SHALL PROCEED WITH THE GENETIC TESTING AS         8,010        

PROVIDED IN THAT SECTION.                                                       

      Sec. 3111.27.  (A)  No later than May 1, 1992, the           8,019        

department of human services shall adopt rules in accordance with  8,020        

Chapter 119. of the Revised Code establishing a procedure          8,021        

substantially similar to the procedure adopted pursuant to         8,022        

section 3113.216 of the Revised Code for determining when          8,023        

existing administrative support orders should be reviewed to       8,024        

determine whether it is necessary or in the best interest of the   8,025        

child who is the subject of the administrative support order to    8,026        

modify:                                                            8,027        

      (1)  THE SUPPORT AMOUNT ORDERED UNDER the administrative     8,029        

support order and to calculate any modification TO THE SUPPORT     8,031        

AMOUNT in accordance with section 3113.215 of the Revised Code;    8,033        

      (2)  THE PROVISIONS FOR THE CHILD'S HEALTH CARE NEEDS IN     8,035        

THE ADMINISTRATIVE SUPPORT ORDER AND TO MAKE THE MODIFICATION IN   8,036        

ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE.              8,037        

      (B)(1)  If a child support enforcement agency, periodically  8,039        

or upon the request of the obligee or obligor, plans to review an  8,040        

administrative support order in accordance with the rules adopted  8,041        

pursuant to division (A) of this section or otherwise is           8,042        

requested to review an administrative support order, it shall do   8,043        

all the following prior to formally beginning the review:          8,044        

      (a)  Establish a date certain upon which the review shall    8,046        

begin;                                                             8,047        

                                                          189    

                                                                 
      (b)  At least sixty days before formally beginning the       8,049        

review, send the obligor and obligee notice of the planned review  8,050        

and of the date when the review will formally begin;               8,051        

      (c)  Request the obligor to provide the agency, no later     8,053        

than the scheduled date for formally beginning the review, with a  8,054        

copy of the obligor's federal income tax return from the previous  8,055        

year, a copy of all pay stubs obtained by the obligor within the   8,056        

preceding six months, a copy of all records evidencing the         8,057        

receipt of salary, wages, or compensation by the obligor within    8,058        

the preceding six months, A LIST OF THE GROUP HEALTH INSURANCE     8,059        

AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE    8,060        

OBLIGOR AND THEIR COSTS, THE CURRENT GROUP HEALTH INSURANCE OR     8,061        

HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS   8,062        

ENROLLED AND ITS COST, and any other information necessary to      8,063        

properly review the administrative support order, and request the  8,064        

obligee to provide the agency, no later than the scheduled date    8,065        

for review to formally begin, with a copy of the obligee's         8,066        

federal income tax returns from the previous year, a copy of all   8,067        

pay stubs obtained by the obligee within the preceding six         8,068        

months, a copy of all records evidencing the receipt of salary,    8,071        

wages, or compensation by the obligee within the preceding six     8,072        

months, A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE       8,074        

POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGEE AND THEIR  8,075        

COSTS, THE CURRENT GROUP HEALTH INSURANCE OR HEALTH CARE POLICY,   8,076        

CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS ENROLLED AND ITS      8,077        

COST, and any other information necessary to properly review the   8,079        

administrative support order;                                                   

      (d)  Include in the notice sent pursuant to division         8,081        

(B)(1)(b) of this section, a notice that if either the obligor or  8,082        

obligee fails to comply with the request for information, the      8,083        

agency may bring an action under section 3111.28 of the Revised    8,084        

Code requesting the court to find the obligor and the obligee in   8,086        

contempt pursuant to section 2705.02 of the Revised Code.                       

      (2)  If either the obligor or obligee fails to comply with   8,088        

                                                          190    

                                                                 
the request made pursuant to division (B)(1)(c) of this section,   8,089        

the agency may bring an action under section 3111.28 of the        8,090        

Revised Code in the court of common pleas of the county in which   8,091        

the agency is located requesting the court to issue an order       8,092        

requiring an obligor and obligee to comply with the agency's       8,093        

request for information pursuant to division (B)(1)(c) of this     8,094        

section.  If the obligor or obligee fails to comply with the       8,095        

court order issued pursuant to section 3111.28 of the Revised      8,096        

Code requiring compliance with the administrative request for      8,097        

information, the obligor or obligee is in contempt of court.  In   8,099        

the action brought under section 3111.28 of the Revised Code, the               

agency may request the court to issue an order to require the      8,101        

obligor or obligee to provide the necessary information or to      8,102        

permit the agency to take whatever action is necessary to obtain   8,103        

information and make any reasonable assumptions necessary with     8,104        

respect to the income of INFORMATION the person in contempt DID    8,106        

NOT PROVIDE to ensure a fair and equitable review of the           8,108        

administrative child support order.  If the agency decides to                   

conduct the review based on the reasonable assumptions with        8,109        

respect to the income of INFORMATION the person in contempt DID    8,111        

NOT PROVIDE, it shall proceed in accordance with the rules         8,112        

adopted by the department of human services pursuant to division   8,113        

(A) of this section.                                                            

      (C)(1)  If the agency determines that a modification is      8,115        

necessary and in the best interest of the child who is the         8,116        

subject of the administrative support order, the agency shall      8,117        

calculate the amount the obligor shall pay in accordance with      8,118        

section 3113.215 of the Revised Code.  The agency may not deviate  8,119        

from the guidelines set forth in section 3113.215 of the Revised   8,120        

Code.                                                              8,121        

      (2)  If the agency cannot set the amount of support the      8,123        

obligor shall pay without deviating from the guidelines set forth  8,124        

in section 3113.215 of the Revised Code, the agency shall bring    8,125        

an action under section 2151.231 of the Revised Code on behalf of  8,126        

                                                          191    

                                                                 
the person who requested the agency to review the existing         8,127        

administrative order or if no one requested the review, on behalf  8,128        

of the obligee, in the court of common pleas of the county in      8,129        

which the agency is located requesting the court to issue a        8,130        

support order in accordance with sections 3113.21 to 3113.219 of   8,131        

the Revised Code.                                                  8,132        

      (3)  WHEN IT REVIEWS AN ADMINISTRATIVE SUPPORT ORDER         8,134        

PURSUANT TO THIS SECTION, THE AGENCY SHALL CONSIDER WHETHER THE    8,135        

PROVISION FOR THE CHILD'S HEALTH CARE NEEDS IN THE ADMINISTRATIVE  8,137        

SUPPORT ORDER IS ADEQUATE.  IF THE AGENCY DETERMINES THAT THE      8,138        

ADMINISTRATIVE SUPPORT ORDER DOES NOT PROVIDE ADEQUATELY FOR THE   8,139        

CHILD'S HEALTH CARE NEEDS, THE AGENCY SHALL MODIFY THE ORDER IN    8,140        

ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE.              8,142        

      (D)(1)  If the agency modifies an existing administrative    8,144        

support order, the agency shall provide the obligee and obligor    8,145        

with notice of the change and shall include in the notice a        8,146        

statement that the obligor or obligee may object to the modified   8,147        

administrative support order by initiating an action under         8,148        

section 2151.231 of the Revised Code in the juvenile court of the  8,149        

county in which the mother, the father, the child, or the          8,150        

guardian or custodian of the child resides.                        8,151        

      (2)  IF THE AGENCY MODIFIES AN EXISTING ADMINISTRATIVE       8,154        

SUPPORT ORDER, THE MODIFICATION SHALL RELATE BACK TO THE FIRST     8,155        

DAY OF THE MONTH FOLLOWING THE DATE CERTAIN ON WHICH THE REVIEW                 

BEGAN UNDER DIVISION (B)(1)(a) OF THIS SECTION.                    8,158        

      Sec. 3111.28.  (A)  If an employer, a PAYOR OR A financial   8,167        

institution, an employer that is paying the obligor's workers'     8,168        

compensation benefits, the public employees retirement board, the  8,169        

board, board of trustees, or other governing entity of any         8,170        

municipal retirement system, the board of trustees of the police   8,171        

and firemen's disability and pension fund, the state teachers      8,173        

retirement board, the school employees retirement board, the       8,174        

state highway patrol retirement board, the person paying or        8,175        

otherwise distributing an obligor's income, or the bureau of       8,176        

                                                          192    

                                                                 
workers' compensation fails to comply with a withholding or        8,177        

deduction requirement contained in a withholding or deduction      8,178        

notice issued under section 3111.23 of the Revised Code, the       8,179        

child support enforcement agency that issued the withholding or    8,180        

deduction notice shall request the court to find the employer,     8,181        

PAYOR OR financial institution, employer that is paying the        8,184        

obligor's workers' compensation benefits, public employees         8,185        

retirement board, board, board of trustees, or other governing     8,186        

entity of the municipal retirement system, board of trustees of    8,187        

the police and firemen's disability and pension fund, state        8,188        

teachers retirement board, school employees retirement board,      8,189        

state highway patrol retirement board, person paying or otherwise  8,190        

distributing an obligor's income, or bureau of workers'                         

compensation person in contempt pursuant to section 2705.02 of     8,192        

the Revised Code.                                                               

      (B)  If an obligor or obligee fails to comply with a child   8,194        

support enforcement agency's request for information pursuant to   8,195        

section 3111.27 of the Revised Code, the agency may request the    8,196        

court of common pleas of the county in which the agency is         8,197        

located to issue an order requiring the obligor or obligee to      8,198        

provide the necessary information or to permit the agency to take  8,199        

whatever action is necessary to obtain information and make any    8,200        

reasonable assumptions necessary with respect to the income of     8,201        

the person who failed to comply with the request to ensure a fair  8,202        

and equitable review of the administrative child support order.    8,203        

If the obligor or obligee fails to comply with a court order       8,204        

requiring compliance with the agency's request for information,    8,205        

the obligor or obligee is in contempt of court.  If an obligor or  8,206        

obligee is in contempt of court, the agency may request the court  8,207        

to hold the person who failed to comply in contempt or to permit   8,208        

the agency to take whatever action is necessary to obtain          8,209        

information and make any reasonable assumptions necessary with     8,210        

respect to the income of the person who failed to comply with the  8,211        

request to ensure a fair and equitable review of the               8,212        

                                                          193    

                                                                 
administrative child support order.                                8,213        

      Sec. 3111.37.  (A)  If a married woman is the subject of a   8,222        

non-spousal artificial insemination and if her husband consented   8,223        

to the artificial insemination, the husband shall be treated in    8,224        

law and regarded as the natural father of a child conceived as a   8,225        

result of the artificial insemination, and a child so conceived    8,226        

shall be treated in law and regarded as the natural child of the   8,227        

husband.  A presumption that arises under division (A)(1) or (2)   8,228        

of section 3111.03 of the Revised Code is conclusive with respect  8,229        

to this father and child relationship, and no action OR            8,230        

PROCEEDING under sections 3111.01 to 3111.19 OR SECTION 3111.22    8,232        

of the Revised Code shall affect the relationship.                 8,234        

      (B)  If a woman is the subject of a non-spousal artificial   8,236        

insemination, the donor shall not be treated in law or regarded    8,237        

as the natural father of a child conceived as a result of the      8,238        

artificial insemination, and a child so conceived shall not be     8,239        

treated in law or regarded as the natural child of the donor.  No  8,240        

action OR PROCEEDING under sections 3111.01 to 3111.19 OR SECTION  8,242        

3111.22 of the Revised Code shall affect these consequences.       8,243        

      Sec. 3111.99.  (A)  For purposes of this section,            8,253        

"administrative support order" and "obligor" have the same         8,254        

meaning as in section 3111.20 of the Revised Code.                 8,255        

      (B)  Whoever violates section 3111.29 of the Revised Code    8,257        

is guilty of interfering with the establishment of paternity, a    8,258        

misdemeanor of the first degree.                                   8,259        

      (C)  An obligor who violates division (B)(1)(c) of section   8,262        

3111.23 of the Revised Code shall be fined not more than fifty     8,263        

dollars for a first offense, not more than one hundred dollars                  

for a second offense, and not more than five hundred dollars for   8,264        

each subsequent offense.                                           8,265        

      (D)  An obligor who violates division (E)(2) of section      8,267        

3111.23 of the Revised Code shall be fined not more than fifty     8,268        

dollars for a first offense, not more than one hundred dollars     8,270        

for a second offense, and not more than five hundred dollars for   8,271        

                                                          194    

                                                                 
each subsequent offense.                                                        

      (E)  A fine imposed pursuant to division (C) or (D) of this  8,274        

section shall be paid to the DIVISION OF child support                          

enforcement agency administering the obligor's child support       8,276        

order IN THE DEPARTMENT OF HUMAN SERVICES OR, PURSUANT TO          8,278        

DIVISION (H)(4) OF SECTION 2301.35 OF THE REVISED CODE, THE CHILD  8,279        

SUPPORT ENFORCEMENT AGENCY.  The amount of the fine that does not  8,281        

exceed the amount of arrearage the obligor owes under the                       

administrative support order shall be disbursed in accordance      8,282        

with the support order.  The amount of the fine that exceeds the   8,283        

amount of the arrearage under the support order shall be used by   8,284        

the agency for the administration of its program for child         8,285        

support enforcement CALLED PROGRAM INCOME AND SHALL BE COLLECTED   8,286        

IN ACCORDANCE WITH SECTION 5101.325 OF THE REVISED CODE.                        

      Sec. 3113.04.  (A)  Sentence may be suspended if a person,   8,295        

after conviction under section 2919.21 of the Revised Code and     8,296        

before sentence under that section, appears before the court of    8,297        

common pleas in which the conviction took place and enters into    8,298        

bond to the state in a sum fixed by the court at not less than     8,299        

five hundred nor more than one thousand dollars, with sureties     8,300        

approved by the court, conditioned that the person will furnish    8,301        

the child or other dependent with necessary or proper home, care,  8,302        

food, and clothing, or will pay promptly each week for such        8,303        

purpose to the DIVISION OF child support enforcement agency IN     8,305        

THE DEPARTMENT OF HUMAN SERVICES, a sum to be fixed by the         8,306        

agency.  The child support enforcement agency shall comply with    8,307        

sections 3113.21 to 3113.219 of the Revised Code when it fixes     8,308        

the sum to be paid TO THE DIVISION.                                             

      (B)  Each order for child support made or modified under     8,310        

this section on or after December 31, 1993, shall include as part  8,311        

of the order a general provision, as described in division (A)(1)  8,312        

of section 3113.21 of the Revised Code, requiring the withholding  8,313        

or deduction of wages INCOME or assets of the obligor under the    8,314        

order as described in division (D) of section 3113.21 of the       8,316        

                                                          195    

                                                                 
Revised Code or another type of appropriate requirement as         8,317        

described in division (D)(6)(3), (D)(7)(4) or (H) of that          8,318        

section, to ensure that withholding or deduction from the wages    8,320        

INCOME or assets of the obligor is available from the              8,322        

commencement of the support order for collection of the support    8,323        

and of any arrearages that occur; a statement requiring all        8,324        

parties to the order to notify the child support enforcement       8,325        

agency in writing of their current mailing address, their current  8,326        

residence address, CURRENT RESIDENT TELEPHONE NUMBER, CURRENT      8,327        

DRIVER'S LICENSE NUMBER, and any changes in either address TO      8,328        

THAT INFORMATION, and a notice that the requirement to notify the  8,329        

agency of all changes in either address TO THAT INFORMATION        8,330        

continues until further notice from the court.  If any person      8,332        

required to pay child support under an order made under this       8,333        

section on or after April 15, 1985, or modified on or after        8,334        

December 1, 1986, is found in contempt of court for failure to     8,335        

make support payments under the order, the court that makes the    8,336        

finding, in addition to any other penalty or remedy imposed,       8,337        

shall assess all court costs arising out of the contempt           8,338        

proceeding against the person and require the person to pay any    8,339        

reasonable attorney's fees of any adverse party, as determined by  8,340        

the court, that arose in relation to the act of contempt.          8,341        

      (C)  Notwithstanding section 3109.01 of the Revised Code,    8,343        

if a court issues a child support order under this section, the    8,344        

order shall remain in effect beyond the child's eighteenth         8,345        

birthday as long as the child continuously attends on a full-time  8,346        

basis any recognized and accredited high school OR THE ORDER       8,348        

PROVIDES THAT THE DUTY OF SUPPORT OF THE CHILD CONTINUES BEYOND    8,349        

THE CHILD'S EIGHTEENTH BIRTHDAY.  EXCEPT IN CASES IN WHICH THE     8,351        

ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY PERIOD   8,352        

AFTER THE CHILD REACHES NINETEEN YEARS OF AGE, THE ORDER SHALL     8,353        

NOT REMAIN IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  Any    8,354        

parent ordered to pay support under a child support order issued   8,356        

under this section shall continue to pay support under the order,  8,357        

                                                          196    

                                                                 
including during seasonal vacation periods, until the order        8,358        

terminates.                                                        8,359        

      Sec. 3113.07.  As used in this section, "executive           8,368        

director" has the same meaning as in section 5153.01 of the        8,369        

Revised Code.                                                      8,370        

      Sentence may be suspended, if a person, after conviction     8,372        

under section 3113.06 of the Revised Code and before sentence      8,373        

thereunder, appears before the court of common pleas in which      8,374        

such conviction took place and enters into bond to the state in a  8,375        

sum fixed by the court at not less than five hundred dollars,      8,376        

with sureties approved by such court, conditioned that such        8,377        

person will pay, so long as the child remains a ward of the        8,378        

public children services agency or a recipient of aid pursuant to  8,380        

Chapter 5107. or 5115. of the Revised Code, to the executive       8,381        

director thereof or to a trustee to be named by the court, for     8,382        

the benefit of such agency or if the child is a recipient of aid   8,383        

pursuant to Chapter 5107. or 5115. of the Revised Code, to the     8,385        

county department of human services, the reasonable cost of        8,386        

keeping such child.  The amount of such costs and the time of                   

payment shall be fixed by the court.                               8,387        

      THE COURT, IN ACCORDANCE WITH SECTION 3113.217 OF THE        8,390        

REVISED CODE, SHALL INCLUDE IN EACH SUPPORT ORDER MADE UNDER THIS  8,392        

SECTION THE REQUIREMENT THAT ONE OR BOTH OF THE PARENTS PROVIDE    8,393        

FOR THE HEALTH CARE NEEDS OF THE CHILD TO THE SATISFACTION OF THE  8,394        

COURT.                                                                          

      Sec. 3113.21.  (A)(1)  In any action in which support is     8,403        

ordered under Chapter 3115. or under section 2151.23, 2151.231,    8,404        

2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05,    8,407        

3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the    8,409        

Revised Code, the court shall require the withholding or           8,410        

deduction of wages INCOME or assets of the obligor in accordance   8,411        

with division (D) of this section or require the issuance of       8,412        

another type of appropriate court order in accordance with         8,413        

division (D)(6)(3) or (7)(4) or (H) of this section to ensure      8,415        

                                                          197    

                                                                 
that withholding or deduction from the wages INCOME or assets of   8,416        

the obligor is available from the commencement of the support      8,418        

order for the collection of the support and any arrearages that    8,419        

occur.  The court shall determine the specific withholding or      8,420        

deduction requirements or other appropriate requirements           8,421        

applicable to the obligor under the support order in accordance    8,422        

with divisions (D) and (H) of this section and section 2301.371    8,423        

of the Revised Code and shall include the specific requirements    8,424        

in the notices described in divisions (A)(2) and (D) of this       8,425        

section or in the court orders described in divisions (A)(2),      8,426        

(D)(6)(3) or (7)(4), and (H) of this section.  Any person          8,427        

required to comply with any withholding or deduction requirement   8,428        

shall determine the manner of withholding or deducting from the    8,429        

specific requirement included in the notices described in those    8,430        

divisions without the need for any amendment to the support        8,431        

order, and any person required to comply with a court order        8,432        

described in division (D)(6)(3), (D)(7)(4), or (H) of this         8,434        

section shall comply with the court order without the need for     8,435        

any amendment to the support order.  The court shall include in    8,436        

any action in which support is ordered as described in division    8,437        

(A)(1) of this section a general provision that states the         8,438        

following:                                                                      

      "All child support and spousal support under this order      8,441        

shall be withheld or deducted from the wages INCOME or assets of   8,442        

the obligor pursuant to a withholding or deduction notice or       8,444        

appropriate court order issued in accordance with section 3113.21  8,445        

of the Revised Code OR A WITHDRAWAL DIRECTIVE ISSUED PURSUANT TO   8,446        

SECTION 3113.214 OF THE REVISED CODE and shall be forwarded to     8,447        

the obligee in accordance with sections 3113.21 to 3113.214        8,448        

3113.213 of the Revised Code."                                     8,449        

      (2)  In any action in which support is ordered or modified   8,451        

as described in division (A)(1) of this section, the court shall   8,452        

determine in accordance with divisions (D) and (H) of this         8,453        

section the types of withholding or deduction requirements or      8,454        

                                                          198    

                                                                 
other appropriate requirements that should be imposed relative to  8,455        

the obligor under the support order to collect the support due     8,456        

under the order.  Within fifteen days after the obligor under the  8,457        

support order is located subsequent to the issuance of the         8,458        

support order or within fifteen days after the default under the   8,460        

support order, whichever is applicable, the court or the child     8,461        

support enforcement agency, as determined by agreement of the      8,462        

court and the agency, shall send a notice by regular mail to each  8,463        

person required to comply with a withholding or deduction          8,464        

requirement.  The notice shall specify the withholding or          8,465        

deduction requirement and shall contain all of the information     8,466        

set forth in division (D)(1)(b), OR (2)(b), (3)(b), (4)(b), or     8,468        

(5)(b) of this section that is applicable to the requirement.  If  8,469        

the appropriate requirement is an order of the type described in   8,470        

division (D)(6)(3), (D)(7)(4), or (H) of this section, the court   8,472        

shall issue and send a court order in accordance with that         8,473        

division. The notices and court orders, and the notices provided   8,474        

by the court or child support enforcement agency that require the  8,475        

obligor to notify the agency of any change in the obligor's        8,476        

employment status or of any other change in the status of the      8,477        

obligor's assets, are final and are enforceable by the court.      8,478        

When the court or agency issues a notice, it shall provide the     8,479        

notice to the obligor in accordance with division (D)(1)(c), OR    8,480        

(D)(2)(c), (D)(3)(c), (D)(4)(c), or (D)(5)(c) of this section,     8,482        

whichever is applicable, and shall include with the notice the     8,483        

additional notices described in the particular division that is    8,484        

applicable.                                                                     

      (3)(a)  If support is ordered or modified on or after        8,486        

December 31, 1993, under Chapter 3115. or under section 2151.23,   8,487        

2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,   8,489        

3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31  8,490        

of the Revised Code, if the court has determined in accordance     8,491        

with division (A)(2) of this section the types of withholding or   8,492        

deduction requirements or other appropriate requirements that      8,493        

                                                          199    

                                                                 
should be imposed relative to the obligor under the support order  8,494        

to collect the support due under the order, if the court or a      8,495        

child support enforcement agency has mailed the appropriate        8,496        

notice to the person required to comply with the withholding or    8,497        

deduction requirements that the court has determined should be     8,498        

imposed or the court has issued and sent a court order described   8,499        

in division (D)(6)(3), (D)(7)(4), or (H) of this section           8,501        

containing the other appropriate requirements that the court       8,502        

determined should be imposed, and if the child support                          

enforcement agency is notified or otherwise determines that the    8,503        

employment status or other circumstances of the obligor have       8,504        

changed and that it is more appropriate to impose another type of  8,505        

or an additional withholding or deduction requirement or another   8,506        

type of or additional court order containing another appropriate   8,507        

requirement, the agency immediately shall comply with section      8,508        

3113.212 of the Revised Code.  The notices and court orders        8,509        

issued under this division and section 3113.212 of the Revised     8,510        

Code, and the notices provided by the court or child support       8,511        

enforcement agency that require the obligor to notify the agency   8,512        

of any change in the obligor's employment status or of any other   8,513        

change in the status of the obligor's assets, are final and are    8,515        

enforceable by the court.                                                       

      (b)  If support has been ordered ALL ORDERS FOR SUPPORT      8,517        

ISSUED prior to December 31, 1993, under Chapter 3115. or under    8,519        

section 2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18,     8,521        

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    8,522        

or 3113.31 of the Revised Code, if the support order has THAT      8,523        

HAVE not been modified on or after December 31, 1993, if OR        8,524        

SUBJECT TO division (B) of this section has not been applied on    8,525        

or after December 31, 1993, regarding a default under the order,   8,526        

if the support order includes a provision that is substantively    8,527        

comparable to the general provision described in division (A)(1)   8,528        

of this section that must be included in all support orders        8,529        

issued or modified on or after December 31, 1993, and if the       8,530        

                                                          200    

                                                                 
child support enforcement agency is notified or otherwise          8,531        

determines that the employment status or other circumstances of    8,532        

the obligor under the support order have changed so that it is     8,533        

appropriate to impose a withholding or deduction requirement or    8,534        

another type of or additional appropriate requirement as           8,535        

described in division (D) of this section to collect the support   8,536        

due under the order, the agency shall comply with section          8,537        

3113.212 of the Revised Code as if the support order had been      8,538        

issued or modified on or after December 31, 1993, and as if it     8,539        

included the general provision described in division (A)(1) of     8,540        

this section that must be included in all support orders issued    8,541        

or modified on or after that date.  The notices and court orders   8,542        

issued under this provision and section 3113.212 of the Revised    8,543        

Code, and the notices provided by the court or child support       8,544        

enforcement agency that require the obligor to notify the agency   8,545        

of any change in the obligor's employment status or of any other   8,546        

change in the status of the obligor's assets, are final and are    8,547        

enforceable by the court.                                                       

      (c)  If support has been ordered prior to December 31,       8,549        

1993, under Chapter 3115. or under section 2151.23, 2151.33,       8,550        

2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,     8,551        

3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if     8,552        

the support order has not been modified on or after December 31,   8,553        

1993, if division (B) of this section has not been applied on or   8,554        

after December 31, 1993, regarding a default under the order, if   8,555        

the support order does not include a provision that is             8,556        

substantively comparable to the general provision described in     8,557        

division (A)(1) of this section that must be included in all       8,558        

support orders issued or modified on or after December 31, 1993,   8,559        

and if the child support enforcement agency is notified or         8,560        

otherwise determines that the employment status or other           8,561        

circumstances of the obligor under the support order have changed  8,562        

so that it is appropriate to impose a withholding or deduction     8,563        

requirement or another type of or additional appropriate           8,564        

                                                          201    

                                                                 
requirement as described in division (D) of this section to        8,565        

collect the support due under the order, the agency may request    8,566        

the court to reissue the support order in question to be           8,567        

identical to the support order except for a general provision as   8,568        

described in division (A) of this section requiring the            8,569        

withholding or deduction of wages or assets of the obligor in      8,570        

accordance with division (D) of this section or requiring the      8,571        

issuance of a court order containing another type of appropriate   8,572        

requirement in accordance with division (D)(6), (D)(7), or (H) of  8,573        

this section to ensure that withholding or deduction from the      8,574        

wages or assets of the obligor is available for the collection of  8,575        

current support and any arrearages that occur.  Upon the receipt   8,576        

of a request from an agency, the court may reissue the order in    8,577        

accordance with this division.  If the court reissues the order,   8,578        

the general provision for the withholding or deduction of wages    8,579        

or assets to be included in the reissued support order             8,580        

specifically shall include the statement prescribed in division    8,581        

(B)(1) of this section.  Except for the inclusion of the general   8,582        

provision, the provisions of a reissued order under this division  8,583        

shall be identical to the support order in question, and the       8,584        

court or child support enforcement agency shall issue one or more  8,585        

notices requiring withholding or deduction of wages or assets of   8,586        

the obligor in accordance with divisions (A)(2) and (D) of this    8,587        

section, or the court shall issue one or more court orders         8,588        

imposing other appropriate requirements in accordance with         8,589        

division (A)(2) and division (D)(6), (D)(7), or (H) of this        8,590        

section.  The notices shall be mailed within fifteen days after    8,591        

the obligor under the support order is located or within fifteen   8,592        

days after the default under the support order, whichever is       8,593        

applicable.  Thereafter, section 3113.212 of the Revised Code      8,594        

applies to the issuance of notices and court orders under those    8,595        

divisions with respect to that support order.  The notices and     8,596        

court orders issued under this division and section 3113.212 of    8,597        

the Revised Code, and the notices provided by the court or child   8,598        

                                                          202    

                                                                 
support enforcement agency that require the obligor to notify the  8,599        

agency of any change in the obligor's employment status or of any  8,600        

other change in the status of the obligor's assets, are final and  8,601        

are enforceable by the court THAT DATE SHALL BE CONSIDERED TO      8,602        

CONTAIN THE GENERAL PROVISION DESCRIBED IN DIVISION (A)(1) OF      8,603        

THIS SECTION AND SHALL BE ENFORCED AND MODIFIED IN THE SAME                     

MANNER AS AN ORDER FOR SUPPORT ISSUED ON OR AFTER DECEMBER 31,     8,605        

1993.                                                              8,606        

      (4)  The department of human services shall adopt standard   8,608        

forms for the support withholding and deduction notices that are   8,609        

prescribed by divisions (A)(1) to (3) and (B) of this section.     8,610        

All courts and child support enforcement agencies shall use the    8,611        

forms in issuing withholding and deduction notices in compliance   8,612        

with this section.                                                 8,613        

      (B)(1)(a)  In any action in which support is ordered under   8,615        

Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        8,616        

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     8,618        

3111.13, 3111.20, 3111.21 3111.211, 3111.22, 3113.04, 3113.07,     8,619        

3113.216, or 3113.31 of the Revised Code and in which there has    8,620        

been a default under the order, the court shall comply with        8,621        

divisions (B)(1) to (6) of this section.                           8,622        

      If the support was ordered prior to December 31, 1993, or    8,624        

pursuant to section 3111.20, 3111.21 3111.211, or 3111.22 of the   8,625        

Revised Code, the court THAT ISSUED THE ORDER, OR IN THE CASE OF   8,628        

AN ORDER PURSUANT TO SECTION 3111.20, 3111.211, OR 3111.22 OF THE  8,629        

REVISED CODE, THE COMMON PLEAS COURT OF THE COUNTY IN WHICH THE    8,630        

CHILD SUPPORT ENFORCEMENT AGENCY THAT ISSUED THE ORDER IS          8,631        

LOCATED, shall reissue the support order under which there has                  

been a default and shall include in the reissued order a general   8,633        

provision as described in this division requiring the withholding  8,634        

or deduction of wages INCOME or assets of the obligor in           8,635        

accordance with division (D) of this section or requiring the      8,637        

issuance of a court order containing another type of appropriate   8,638        

requirement in accordance with division (D)(6)(3), (D)(7)(4), or   8,640        

                                                          203    

                                                                 
(H) of this section to ensure that withholding or deduction from   8,641        

the wages INCOME or assets is available for the collection of      8,643        

current support and any arrearages that occur. If the support was  8,645        

ordered pursuant to section 3111.20, 3111.21 3111.211, or 3111.22  8,647        

of the Revised Code and the support order includes a general       8,648        

provision similar to the one described in this division, the       8,650        

court shall replace the similar general provision with the                      

general provision described in this division.  Except for the      8,651        

inclusion or replacement of the general provision, the provisions  8,653        

of the reissued order required under this division shall be        8,654        

identical to those of the support order under which there has      8,655        

been a default.                                                                 

      Regardless of when the support was ordered, when WHEN        8,657        

support has been ordered under any chapter or section described    8,658        

in this division, the child support enforcement agency shall       8,659        

initiate support withholding when the order is in default.         8,660        

Immediately after the identification of a default under the        8,661        

support order, the child support enforcement agency shall conduct  8,663        

the investigation described in division (B)(1)(b) of this          8,664        

section.  Additionally, within fifteen calendar days after the     8,665        

identification of a default under the support order, the child     8,666        

support enforcement agency shall investigate the default and, IF   8,667        

IT IS BEFORE JULY 1, 1999, SEND ADVANCE NOTICE TO THE OBLIGOR.     8,668        

ON AND AFTER THAT DATE, THE DIVISION OF CHILD SUPPORT IN THE       8,670        

DEPARTMENT OF HUMAN SERVICES SHALL send THE advance notice to the  8,671        

obligor.  The advance notice shall include a notice describing     8,672        

the actions that may be taken against the obligor pursuant to      8,673        

sections 2301.353, 2301.373 and, 2301.374, 2301.375, 2301.42 TO    8,675        

2301.45, AND 3113.214 of the Revised Code if the court or agency   8,677        

makes a final and enforceable determination that the obligor is    8,678        

in default pursuant to this division.  If the location of the      8,680        

obligor is unknown at the time of the identification of a default  8,681        

under the support order, the agency DIVISION shall send the        8,682        

advance notice to the obligor within fifteen days after the        8,684        

                                                          204    

                                                                 
agency locates the obligor.  The general provision for the         8,685        

withholding or deduction of wages INCOME or assets to be included  8,687        

in the reissued support order specifically shall include the       8,688        

following statement:                                                            

      "All child support and spousal support under this order      8,691        

shall be withheld or deducted from the wages INCOME or assets of   8,692        

the obligor pursuant to a withholding or deduction notice or       8,694        

appropriate court order issued in accordance with section 3113.21  8,695        

of the Revised Code OR A WITHDRAWAL DIRECTIVE ISSUED PURSUANT TO                

SECTION 3113.214 OF THE REVISED CODE and shall be forwarded to     8,696        

the obligee in accordance with sections 3113.21 to 3113.214        8,697        

3113.213 of the Revised Code."                                     8,698        

      (b)  After the identification of a default under a support   8,700        

order as described in division (B)(1)(a) of this section, the      8,701        

child support enforcement agency immediately shall conduct an      8,702        

investigation to determine the employment status of the obligor,   8,703        

the obligor's social security number, the name and business        8,704        

address of the obligor's employer, whether the obligor is in       8,705        

default under a support order, the amount of any arrearages, and   8,706        

any other information necessary to enable the court or agency to   8,707        

impose any withholding or deduction requirements and issue the     8,708        

related notices described in division (D) of this section or to    8,709        

issue any court orders described in division (D)(6)(3) or (7)(4)   8,711        

of this section.  The agency also shall conduct an investigation   8,712        

under this division when required by division (C)(1)(a) or (b) of  8,713        

this section, shall complete the investigation within twenty days  8,714        

after the obligor or obligee files the motion with the court       8,715        

under division (C)(1)(a) of this section or the court orders the   8,716        

investigation under division (C)(1)(b) of this section, and shall  8,717        

conduct an investigation under this division when required by      8,718        

section 3113.214 of the Revised Code.                              8,719        

      (2)  An advance notice to an obligor required by division    8,721        

(B)(1) of this section shall contain all of the following:         8,722        

      (a)  A statement of the date on which the advance notice is  8,724        

                                                          205    

                                                                 
sent, the amount of arrearages owed by the obligor as determined   8,725        

by the court or the child support enforcement agency, the types    8,726        

of withholding or deduction requirements and related notices       8,727        

described in division (D) of this section or the types of court    8,728        

orders described in division (D)(6)(3), (D)(7)(4), or (H) of this  8,730        

section that will be issued to pay support and any arrearages,     8,731        

and the amount that will be withheld or deducted pursuant to       8,732        

those requirements;                                                8,733        

      (b)  A statement that any notice for the withholding or      8,735        

deduction of an amount from personal earnings or other income or   8,736        

assets apply to all CURRENT AND subsequent employers PAYORS of     8,738        

the obligor, AND financial institutions in which the obligor has   8,739        

an account, and other persons or entities who pay or distribute    8,740        

income to the obligor and that any withholding or deduction        8,741        

requirement and related notice described in division (D) of this   8,742        

section or any court order described in division (D)(6)(3),        8,744        

(D)(7)(4), or (H) of this section that is issued will not be       8,745        

discontinued solely because the obligor pays any arrearages;       8,746        

      (c)  An explanation of the administrative and court action   8,748        

that will take place if the obligor contests the inclusion of any  8,749        

of the provisions;                                                 8,750        

      (d)  A statement that the contents of the advance notice     8,752        

are final and are enforceable by the court unless the obligor      8,753        

files with the child support enforcement agency, within seven      8,754        

days after the date on which the advance notice is sent, a         8,755        

written request for an administrative hearing to determine if a    8,756        

mistake of fact was made in the notice.                            8,757        

      (3)  If the obligor requests a hearing regarding the         8,759        

advance notice in accordance with division (B)(2)(d) of this       8,760        

section, the child support enforcement agency shall conduct an     8,761        

administrative hearing no later than ten days after the date on    8,762        

which the obligor files the request for the hearing.  No later     8,763        

than five days before the date on which the hearing is to be       8,764        

conducted, the agency shall send the obligor and the obligee       8,765        

                                                          206    

                                                                 
written notice of the date, time, place, and purpose of the        8,766        

hearing.  The notice to the obligor and obligee also shall         8,767        

indicate that the obligor may present testimony and evidence at    8,768        

the hearing only in regard to the issue of whether a mistake of    8,769        

fact was made in the advance notice.                               8,770        

      At the hearing, the child support enforcement agency shall   8,772        

determine whether a mistake of fact was made in the advance        8,773        

notice.  If it determines that a mistake of fact was made, the     8,774        

agency shall determine the provisions that should be changed and   8,775        

included in a corrected notice and shall correct the advance       8,776        

notice accordingly.  The agency shall send its determinations to   8,777        

the obligor.  The agency's determinations are final and are        8,778        

enforceable by the court unless, within seven days after the       8,779        

agency makes its determinations, the obligor files a written       8,780        

motion with the court for a court hearing to determine if a        8,781        

mistake of fact still exists in the advance notice or corrected    8,782        

advance notice.                                                    8,783        

      (4)  If, within seven days after the agency makes its        8,785        

determinations under division (B)(3) of this section, the obligor  8,786        

files a written motion for a court hearing to determine if a       8,787        

mistake of fact still exists in the advance notice or the          8,788        

corrected advance notice, the court shall hold a hearing on the    8,789        

request as soon as possible, but no later than ten days, after     8,790        

the request is filed.  If the obligor requests a court hearing,    8,791        

no later than five days before the date on which the court         8,792        

hearing is to be held, the court shall send the obligor and the    8,793        

obligee written notice by ordinary mail of the date, time, place,  8,794        

and purpose of the court hearing.  The hearing shall be limited    8,795        

to a determination of whether there is a mistake of fact in the    8,796        

advance notice or the corrected advance notice.                    8,797        

      If, at a hearing conducted under this division, the court    8,799        

detects a mistake of fact in the advance notice or the corrected   8,800        

advance notice, it immediately shall correct the notice.           8,801        

      (5)  Upon exhaustion of all rights of the obligor to         8,803        

                                                          207    

                                                                 
contest the withholding or deduction on the basis of a mistake of  8,804        

fact and no later than the expiration of forty-five days after     8,805        

the issuance of the advance notice under division (B)(1) of this   8,806        

section, the court or child support enforcement agency shall       8,807        

issue one or more notices requiring withholding or deduction of    8,808        

wages INCOME or assets of the obligor in accordance with           8,809        

divisions (A)(2) and (D) of this section, or the court shall       8,811        

issue one or more court orders imposing other appropriate          8,812        

requirements in accordance with division (A)(2) and division       8,813        

(D)(6)(3), (D)(7)(4), or (H) of this section.  Thereafter,         8,815        

section 3113.212 of the Revised Code applies in relation to the    8,816        

issuance of the notices and court orders.  The notices and court   8,817        

orders issued under this division or section 3113.212 of the       8,818        

Revised Code are final and are enforceable by the court.  The      8,819        

court or agency shall send to the obligor by ordinary mail a copy  8,820        

of the withholding or deduction notice, in accordance with         8,821        

division (D) of this section.  The failure of the court or agency  8,822        

to give the notice required by this division does not affect the   8,823        

ability of any court to issue any notice or order under this       8,824        

section or any other section of the Revised Code for the payment   8,825        

of support, does not provide any defense to any notice or order    8,826        

for the payment of support that is issued under this section or    8,827        

any other section of the Revised Code, and does not affect any     8,828        

obligation to pay support.                                                      

      (6)  The department of human services shall adopt standard   8,830        

forms for the advance notice prescribed by divisions (B)(1) to     8,831        

(5) of this section.  All courts and child support enforcement     8,832        

agencies shall use those forms, and the support withholding and    8,833        

deduction notice forms adopted under division (A)(4) of this       8,834        

section, in complying with this section.                           8,835        

      (C)(1)  In any action in which support is ordered under      8,837        

Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        8,838        

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     8,840        

3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised     8,842        

                                                          208    

                                                                 
Code, all of the following apply:                                               

      (a)  The obligor or obligee under the order may file a       8,844        

motion with the court that issued the order requesting the         8,845        

issuance of one or more withholding or deduction notices as        8,846        

described in division (D) of this section to pay the support due   8,847        

under the order.  The motion may be filed at any time after the    8,848        

support order is issued.  Upon the filing of a motion pursuant to  8,849        

this division, the child support enforcement agency immediately    8,850        

shall conduct, and shall complete within twenty days after the     8,851        

motion is filed, an investigation in accordance with division      8,852        

(B)(1)(b) of this section.  Upon the completion of the             8,853        

investigation and the filing of the agency's report under          8,854        

division (B)(1)(b) of this section, the court shall issue one or   8,855        

more appropriate orders described in division (D) of this          8,856        

section.                                                           8,857        

      (b)  If any proceedings involving the support order that     8,859        

was issued before, on, or after December 1, 1986, are commenced    8,860        

in the court and if the court prior to the effective date of this  8,861        

amendment has not issued any orders under division (D) of this     8,862        

section AS IT EXISTED PRIOR TO DECEMBER 31, 1993, with respect to  8,864        

the support order, if the court determines that any orders issued  8,865        

prior to the effective date of this amendment under division (D)   8,866        

of this section AS IT EXISTED PRIOR TO DECEMBER 31, 1993, no       8,867        

longer are appropriate, if the court on or after the effective     8,868        

date of this amendment DECEMBER 31, 1993, has not modified or      8,869        

reissued the support order under division (A) or (B) of this       8,871        

section and issued any notices under division (D) or court orders  8,872        

under division (D)(6)(3) or (7)(4) of this section, or if the      8,874        

court on or after the effective date of this amendment DECEMBER    8,875        

31, 1993, has modified or reissued the support order under         8,876        

division (A) or (B) of this section and issued one or more         8,877        

notices under division (D) or one or more court orders under       8,878        

division (D)(6)(3) or (7)(4) of this section but determines that   8,880        

the notices or court orders no longer are appropriate, the court,  8,881        

                                                          209    

                                                                 
prior to or during any hearings held with respect to the           8,882        

proceedings and prior to the conclusion of the proceedings, shall  8,883        

order the child support enforcement agency to conduct an           8,884        

investigation pursuant to division (B)(1)(b) of this section.      8,885        

Upon the filing of the findings of the agency following the        8,886        

investigation, the court, as necessary, shall issue one or more    8,887        

notices described in division (D) or one or more court orders      8,888        

described in division (D)(6)(3) or (7)(4) of this section or       8,890        

modify any notices previously issued under division (D) or any     8,891        

court orders previously issued under division (D)(6)(3) or (7)(4)  8,893        

of this section.                                                                

      (c)(i)  If a child support enforcement agency, in            8,895        

accordance with section 3113.216 of the Revised Code, requests     8,896        

the court to issue a revised child support order in accordance     8,897        

with a revised amount of child support calculated by the agency,   8,898        

the court shall proceed as described in this division.  If         8,899        

neither the obligor nor the obligee requests a court hearing on    8,900        

the revised amount of child support, the court shall issue a       8,901        

revised child support order requiring the obligor to pay the       8,902        

revised amount of child support calculated by the agency.          8,903        

However, if the obligor or the obligee requests a court hearing    8,904        

on the revised amount of child support calculated by the agency,   8,905        

the court, in accordance with division (C)(1)(c)(ii) of this       8,906        

section, shall schedule and conduct a hearing to determine if the  8,907        

revised amount of child support is the appropriate amount and if   8,908        

the amount of child support being paid under the child support     8,909        

order otherwise should be revised.                                 8,910        

      (ii)  If the court is required to schedule and conduct a     8,912        

hearing pursuant to division (C)(1)(c)(i) of this section, the     8,913        

court shall give the obligor, obligee, and agency at least thirty  8,914        

days' notice of the date, time, and location of the hearing;       8,915        

order the obligor to provide the court with a copy of the          8,916        

obligor's federal income tax return from the previous year, a      8,917        

copy of all pay stubs obtained by the obligor within the           8,918        

                                                          210    

                                                                 
preceding six months, and a copy of all other records evidencing   8,919        

the receipt of any other salary, wages, or compensation by the     8,920        

obligor within the preceding six months, A LIST OF THE GROUP       8,921        

HEALTH INSURANCE AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS    8,922        

AVAILABLE TO THE OBLIGOR AND THEIR COSTS, AND THE CURRENT HEALTH   8,923        

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH     8,924        

THE OBLIGOR IS ENROLLED AND ITS COST, if the obligor failed to     8,925        

provide any of those documents to the agency, and order the        8,926        

obligee to provide the court with a copy of the obligee's federal  8,927        

income tax return from the previous year, a copy of all pay stubs  8,928        

obtained by the obligee within the preceding six months, and a     8,929        

copy of all other records evidencing the receipt of any other      8,930        

salary, wages, or compensation by the obligee within the           8,931        

preceding six months, A LIST OF THE GROUP HEALTH INSURANCE AND     8,932        

HEALTH CARE POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE        8,933        

OBLIGEE AND THEIR COSTS, AND THE CURRENT HEALTH INSURANCE OR       8,934        

HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH THE OBLIGEE IS   8,935        

ENROLLED AND ITS COST, if the obligee failed to provide any of     8,936        

those documents to the agency; give the obligor and the obligee    8,937        

notice that any willful failure to comply with that court order    8,938        

is contempt of court and, upon a finding by the court that the     8,939        

party is in contempt of court, the court and the agency will take  8,940        

any action necessary to obtain the information or make any         8,941        

reasonable assumptions necessary with respect to the income of     8,942        

INFORMATION the person in contempt of court DID NOT PROVIDE to     8,944        

ensure a fair and equitable review of the child support order;     8,946        

issue a revised child support order requiring the obligor to pay   8,947        

the revised amount of child support calculated by the agency, if   8,948        

the court determines at the hearing that the revised amount of     8,949        

child support calculated by the agency is the appropriate amount;  8,950        

and determine the appropriate amount of child support and, if      8,951        

necessary, issue a revised child support order requiring the       8,952        

obligor to pay the amount of child support determined by the       8,953        

court, if the court determines that the revised amount of child    8,954        

                                                          211    

                                                                 
support calculated by the agency is not the appropriate amount.    8,955        

      (iii)  In determining, at a hearing conducted under          8,957        

divisions (C)(1)(c)(i) and (ii) of this section, the appropriate   8,958        

amount of child support to be paid by the obligor, the court       8,959        

shall consider, in addition to all other factors required by law   8,960        

to be considered, THE APPROPRIATE PERSON, WHETHER IT IS THE        8,961        

OBLIGOR, OBLIGEE, OR BOTH, TO BE REQUIRED IN ACCORDANCE WITH       8,962        

SECTION 3113.217 OF THE REVISED CODE TO PROVIDE HEALTH INSURANCE   8,963        

COVERAGE FOR THE CHILDREN SPECIFIED IN THE ORDER, AND the cost of  8,964        

health insurance which the obligor, the obligee, or both the       8,965        

obligor and the obligee have been ordered IN ACCORDANCE WITH       8,966        

SECTION 3113.217 OF THE REVISED CODE to obtain for the children    8,967        

specified in the order.                                                         

      (d)  On or after July 1, 1990, the court shall issue any     8,969        

order required by section 3113.217 of the Revised Code.            8,970        

      (e)(i)  On or after July 1, 1990, an AN obligee under a      8,972        

child support order may file a motion with the court that issued   8,974        

the order requesting the court to modify the order to require the  8,975        

obligor to obtain health insurance coverage for the children who   8,976        

are the subject of the order, and on or after July 1, 1990, an     8,977        

obligor under a child support order may file a motion with the     8,978        

court that issued the order requesting the court to modify the     8,979        

order to require the obligee to obtain health insurance coverage   8,980        

for those children.  Upon the filing of such a motion, the court   8,981        

shall order the child support enforcement agency to conduct an     8,982        

investigation to determine whether the obligor or obligee has      8,983        

satisfactory health insurance coverage for the children.  Upon     8,984        

completion of its investigation, the agency shall inform the       8,985        

court, in writing, of its determination.  If the court determines  8,986        

that neither the obligor nor the obligee has satisfactory health   8,987        

insurance coverage for the children, it shall issue an order       8,988        

MODIFY THE CHILD SUPPORT ORDER in accordance with section          8,990        

3113.217 of the Revised Code.                                                   

      (ii)  On or after July 1, 1990, an AN obligor or obligee     8,992        

                                                          212    

                                                                 
under a child support order may file a motion with the court that  8,993        

issued the order requesting the court to modify the amount of      8,994        

child support required to be paid under the order because that     8,995        

amount does not adequately cover the medical needs of the child.   8,996        

Upon the filing of such a motion, the court shall determine        8,997        

whether the amount of child support required to be paid under the  8,998        

order adequately covers the medical needs of the child and         8,999        

whether to modify the order, in accordance with division (B)(4)    9,000        

of section 3113.215 of the Revised Code.                           9,001        

      (f)(e)  Whenever a court modifies, reviews, or otherwise     9,003        

reconsiders a child support order, it may reconsider which parent  9,004        

may claim the children who are the subject of the child support    9,005        

order as dependents for federal income tax purposes as set forth   9,006        

in section 151 of the "Internal Revenue Code of 1986," 100 Stat.   9,007        

2085, 26 U.S.C. 1, as amended, and shall issue its determination   9,008        

on this issue as part of the child support order.  The court in    9,009        

its order may permit the parent who is not the residential parent  9,010        

and legal custodian to claim the children as dependents for        9,011        

federal income tax purposes only if the payments for child         9,012        

support are current in full as ordered by the court for the year   9,013        

in which the children will be claimed as dependents.  If the       9,014        

court determines that the parent who is not the residential        9,015        

parent and legal custodian may claim the children as dependents    9,016        

for federal income tax purposes, it shall order the residential    9,017        

parent to take whatever action is necessary pursuant to section    9,018        

152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26     9,019        

U.S.C. 1, as amended, to enable the parent who is not the          9,020        

residential parent and legal custodian to claim the children as    9,021        

dependents for federal income tax purposes in accordance with the  9,022        

order of the court.  Any willful failure of the residential        9,023        

parent to comply with the order of the court is contempt of        9,024        

court.                                                             9,025        

      (g)  If the order is a child support order issued on or      9,027        

after July 1, 1990, or if the order modifies, on or after July 1,  9,028        

                                                          213    

                                                                 
1990, a prior child support order (f)   WHEN ISSUING OR MODIFYING  9,030        

A CHILD SUPPORT ORDER, the court shall include in the order all    9,031        

of the requirements, specifications, and statements described in   9,032        

division (B) of section 3113.218 of the Revised Code.  IF THE      9,034        

OBLIGOR OR OBLIGEE DOES NOT REQUEST A COURT HEARING ON THE         9,035        

REVISED AMOUNT OF CHILD SUPPORT DETERMINED BY THE AGENCY AND       9,036        

FILED WITH THE COURT PURSUANT TO SECTION 3113.216 OF THE REVISED   9,037        

CODE AND THE COURT MODIFIES THE ORDER TO INCLUDE THE REVISED       9,039        

AMOUNT PURSUANT TO DIVISION (C)(1)(c)(i) OF THIS SECTION, THE      9,040        

MODIFICATION SHALL RELATE BACK TO THE FIRST DAY OF THE MONTH       9,041        

FOLLOWING THE DATE CERTAIN ON WHICH THE REVIEW OF THE CHILD        9,043        

SUPPORT ORDER BEGAN PURSUANT TO DIVISION (C)(1)(a) OF SECTION      9,044        

3113.216 OF THE REVISED CODE.  IF THE OBLIGOR OR OBLIGEE REQUESTS  9,047        

A COURT HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT PURSUANT    9,048        

TO THIS SECTION AND SECTION 3113.216 OF THE REVISED CODE AND THE   9,051        

COURT, AFTER CONDUCTING A HEARING, MODIFIES THE CHILD SUPPORT      9,052        

AMOUNT UNDER THE ORDER, THE MODIFICATION SHALL RELATE BACK TO THE  9,053        

FIRST DAY OF THE MONTH FOLLOWING THE DATE CERTAIN ON WHICH THE     9,054        

REVIEW OF THE CHILD SUPPORT ORDER BEGAN PURSUANT TO DIVISION       9,056        

(C)(1)(A) OF SECTION 3113.216 OF THE REVISED CODE.                 9,057        

      (2)  In any action in which a support order is issued, on    9,059        

or after December 1, 1986, under Chapter 3115. or under section    9,060        

2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18,   9,062        

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    9,065        

or 3113.31 of the Revised Code, the court issuing the order also   9,066        

shall conduct a hearing, prior to or at the time of the issuance   9,067        

of the support order, to determine the employment status of the    9,068        

obligor, the obligor's social security number, the name and        9,069        

business address of the obligor's employer, and any other          9,070        

information necessary to enable the court or a child support       9,071        

enforcement agency to issue any withholding or deduction notice    9,072        

described in division (D) of this section or for the court to      9,073        

issue a court order described in division (D)(6)(3) or (7)(4) of   9,075        

this section.  The court, prior to the hearing, shall give the     9,077        

                                                          214    

                                                                 
obligor notice of the hearing that shall include the date on                    

which the notice is given and notice that the obligor is subject   9,078        

to a requirement for the withholding of a specified amount from    9,079        

personal earnings INCOME if employed and to one or more other      9,080        

types of withholding or deduction requirements described in        9,081        

division (D) or one or more types of court orders described in     9,082        

division (D)(6)(3) or (7)(4) of this section and that the obligor  9,084        

may present evidence and testimony at the hearing to prove that    9,085        

any of the requirements would not be proper because of a mistake   9,086        

of fact.                                                           9,087        

      The court or child support enforcement agency, immediately   9,089        

upon the court's completion of the hearing, shall issue one or     9,090        

more of the types of notices described in division (D) of this     9,091        

section imposing a withholding or deduction requirement, or the    9,092        

court shall issue one or more types of court orders described in   9,093        

division (D)(6)(3) or (7)(4) of this section.                      9,094        

      (D)  If a court or child support enforcement agency is       9,096        

required under division (A), (B), or (C) of this section or any    9,097        

other section of the Revised Code to issue one or more             9,098        

withholding or deduction notices described in this division or     9,099        

court orders described in division (D)(6)(3) or (7)(4) of this     9,101        

section, the court shall issue one or more of the following types  9,102        

of notices or court orders, or the agency shall issue one or more  9,103        

of the following types of notices to pay the support required      9,104        

under the support order in question and also, if required by any   9,105        

of those divisions, any other section of the Revised Code, or the  9,106        

court, to pay any arrearages:                                      9,107        

      (1)(a)  If the court or the child support enforcement        9,109        

agency determines that the obligor is employed RECEIVING INCOME    9,110        

FROM A PAYOR, the court or agency shall require the obligor's      9,112        

employer PAYOR to withhold from the obligor's personal earnings    9,114        

INCOME a specified amount for support in satisfaction of the       9,116        

support order, to begin the withholding no later than the first    9,117        

pay period that occurs after fourteen working days following the   9,118        

                                                          215    

                                                                 
date the notice was mailed to the employer under divisions (A)(2)  9,119        

or (B) and (D)(1)(b) of this section OR, IF THE PAYOR IS AN        9,121        

EMPLOYER, NO LATER THAN THE FIRST PAY PERIOD THAT OCCURS AFTER     9,122        

FOURTEEN WORKING DAYS FOLLOWING THE DATE THE NOTICE WAS MAILED,    9,123        

to send the amount withheld to the DIVISION OF child support       9,124        

enforcement agency for that county IN THE DEPARTMENT OF HUMAN      9,126        

SERVICES PURSUANT TO SECTION 5101.325 OF THE REVISED CODE, to      9,128        

send that amount to the agency DIVISION immediately but not later  9,130        

than ten SEVEN days after the date the obligor is paid, and to     9,131        

continue the withholding at intervals specified in the notice      9,132        

until further notice from the court or CHILD SUPPORT ENFORCEMENT   9,133        

agency.  To the extent possible, the amount specified in the       9,134        

notice to be withheld shall satisfy the amount ordered for         9,135        

support in the support order plus any arrearages that may be owed  9,136        

by the obligor under any prior support order that pertained to     9,137        

the same child or spouse, notwithstanding the limitations of       9,138        

sections 2329.66, 2329.70, 2716.02, and 2716.05 of the Revised     9,139        

Code.  However, in no case shall the sum of the amount specified   9,140        

in the notice to be withheld and any fee withheld by the employer  9,141        

PAYOR as a charge for its services exceed the maximum amount       9,143        

permitted under section 303(b) of the "Consumer Credit Protection  9,144        

Act," 15 U.S.C. 1673(b).                                           9,145        

      (b)  If the court or agency imposes a withholding            9,147        

requirement under division (D)(1)(a) of this section, it, within   9,148        

the applicable period of time specified in division (A), (B), or   9,149        

(C) of this section, shall send to the obligor's employer PAYOR    9,150        

by regular mail a notice that contains all of the information set  9,152        

forth in divisions (D)(1)(b)(i) to (xi) of this section.  The      9,153        

notice is final and is enforceable by the court.  The notice       9,154        

shall contain all of the following:                                9,155        

      (i)  The amount to be withheld from the obligor's wages      9,157        

INCOME and a statement that the amount actually withheld for       9,159        

support and other purposes, including the fee described in         9,160        

division (D)(1)(b)(xi) of this section, shall not be in excess of  9,161        

                                                          216    

                                                                 
the maximum amounts permitted under section 303(b) of the          9,162        

"Consumer Credit Protection Act," 15 U.S.C. 1673(b);               9,163        

      (ii)  A statement that the employer PAYOR is required to     9,165        

send the amount withheld to the DIVISION OF child support          9,167        

enforcement agency immediately, but not later than ten SEVEN       9,169        

working days, after the obligor is paid by the employer and is     9,171        

required to report to the agency the date on which the amount was  9,172        

withheld from the obligor's wages INCOME;                          9,173        

      (iii)  A statement that the withholding is binding upon the  9,175        

employer PAYOR until further notice from the agency;               9,176        

      (iv)  A statement that IF the PAYOR IS AN employer, THE      9,179        

PAYOR is subject to a fine to be determined under the law of this  9,180        

state for discharging the obligor from employment, refusing to     9,181        

employ the obligor, or taking any disciplinary action against the  9,182        

obligor because of the withholding requirement;                    9,183        

      (v)  A statement that, if the employer PAYOR fails to        9,185        

withhold wages INCOME in accordance with the provisions of the     9,186        

notice, the employer PAYOR is liable for the accumulated amount    9,188        

the employer PAYOR should have withheld from the obligor's wages   9,190        

INCOME;                                                                         

      (vi)  A statement that the withholding in accordance with    9,192        

the notice and under the provisions of this section has priority   9,193        

over any other legal process under the law of this state against   9,194        

the same wages INCOME;                                             9,195        

      (vii)  The date on which the notice was mailed and a         9,197        

statement that the employer PAYOR is required to implement the     9,198        

withholding no later than the first pay period that occurs after   9,199        

fourteen working days following the date the notice was mailed     9,200        

OR, IF THE PAYOR IS AN EMPLOYER, NO LATER THAN THE FIRST PAY       9,201        

PERIOD THAT OCCURS AFTER FOURTEEN WORKING DAYS FOLLOWING THE DATE  9,202        

THE NOTICE WAS MAILED and is required to continue the withholding  9,203        

at the intervals specified in the notice;                          9,204        

      (viii)  A requirement that the employer PAYOR promptly       9,206        

notify the child support enforcement agency, in writing, within    9,208        

                                                          217    

                                                                 
ten working days after the date of any termination of the          9,209        

obligor's employment, any layoff of the obligor, any leave of      9,210        

absence of the obligor without pay, or any other situation THAT    9,211        

OCCURS INCLUDING, TERMINATION OF EMPLOYMENT, LAYOFF OF THE         9,212        

OBLIGOR FROM EMPLOYMENT, ANY LEAVE OF ABSENCE OF THE OBLIGOR FROM  9,213        

EMPLOYMENT WITHOUT PAY, TERMINATION OF WORKERS' COMPENSATION       9,214        

BENEFITS, OR TERMINATION OF ANY PENSION, ANNUITY, ALLOWANCE, OR    9,215        

RETIREMENT BENEFIT, in which the employer PAYOR ceases to pay      9,217        

personal earnings INCOME in an amount sufficient to comply with    9,219        

the order to the obligor, provide the agency with the obligor's    9,220        

last known address, notify the agency of the obligor's ANY new     9,221        

employer OR INCOME SOURCE, if known, and provide the agency with   9,222        

the ANY new employer's OR INCOME SOURCE'S name, address, and       9,223        

telephone number, if known;                                        9,224        

      (ix)  A requirement that, IF the PAYOR IS AN employer,       9,227        

identify in the notification given under division (D)(1)(b)(viii)  9,228        

of this section any types of benefits other than personal          9,229        

earnings that the obligor is receiving or is eligible to receive   9,230        

as a benefit of employment or as a result of the obligor's         9,231        

termination of employment, including, but not limited to,          9,232        

unemployment compensation, workers' compensation benefits,         9,233        

severance pay, sick leave, lump-sum payments of retirement         9,234        

benefits or contributions, and bonuses or profit-sharing payments  9,235        

or distributions, and the amount of such benefits, and include in  9,236        

the notification the obligor's last known address and telephone    9,237        

number, date of birth, social security number, and court case      9,238        

number and, if known, the name and business address of any new     9,239        

employer of the obligor;                                                        

      (x)  A requirement that, no later than the earlier of        9,241        

forty-five days before the lump-sum payment is to be made or, if   9,242        

the obligor's right to the lump-sum payment is determined less     9,243        

than forty-five days before it is to be made, the date on which    9,244        

that determination is made, the employer PAYOR notify the child    9,245        

support enforcement agency of any lump-sum payments of any kind    9,247        

                                                          218    

                                                                 
of five ONE hundred FIFTY dollars or more that are to be paid to   9,248        

the obligor, hold the lump-sum payments of five ONE hundred FIFTY  9,250        

dollars or more for thirty days after the date on which the        9,252        

lump-sum payments otherwise would have been paid to the obligor,   9,253        

if the lump-sum payments are workers' compensation benefits,       9,254        

severance pay, sick leave, lump-sum payments of retirement         9,255        

benefits or contributions, annual bonuses, or profit-sharing       9,256        

payments or distributions, and, upon order of the court, pay any   9,257        

specified amount of the lump-sum payment to the DIVISION OF child  9,258        

support enforcement agency.                                                     

      (xi)  A statement that, in addition to the amount withheld   9,260        

for support, the employer PAYOR may withhold a fee from the        9,261        

obligor's earnings INCOME as a charge for its services in          9,263        

complying with the notice and a specification of the amount that   9,265        

may be withheld.                                                                

      (c)  The court or agency shall send the notice described in  9,267        

division (D)(1)(b) of this section to the obligor and shall        9,268        

attach to the notice an additional notice requiring the obligor    9,269        

immediately to notify the child support enforcement agency, in     9,270        

writing, of any change in employment, including self-employment,   9,272        

THE OBLIGOR'S INCOME SOURCE and of the availability of any other   9,273        

sources of income that can be the subject of any withholding or    9,274        

deduction requirement described in division (D) of this section.   9,275        

The court or agency shall serve the notices upon the obligor at    9,276        

the same time as service of the support order or, if the support   9,277        

order previously has been issued, shall send the notices to the    9,278        

obligor by regular mail at the last known address at the same      9,279        

time that it sends the notice described in division (D)(1)(b) of   9,280        

this section to the employer PAYOR.  The notification required of  9,281        

the obligor shall include a description of the nature of any new   9,282        

employment OR INCOME SOURCE, the name and, business address, AND   9,284        

TELEPHONE NUMBER of any new employer OR INCOME SOURCE, and any     9,286        

other information reasonably required by the court.  No obligor                 

shall fail to give the notification required by division           9,287        

                                                          219    

                                                                 
(D)(1)(c) of this section.                                         9,288        

      (2)(a)  If the court or the child support enforcement        9,290        

agency determines that the obligor is receiving workers'           9,291        

compensation payments, the court or agency may require the bureau  9,292        

of workers' compensation or the employer that has been granted     9,293        

the privilege of paying compensation directly and that is paying   9,294        

workers' compensation benefits to the obligor to withhold from     9,295        

the obligor's workers' compensation payments a specified amount    9,296        

for support in satisfaction of the support order, to begin the     9,297        

withholding no later than the date of the first payment that       9,298        

occurs after fourteen working days following the date the notice   9,299        

was mailed to the bureau or employer under divisions (A)(2) or     9,300        

(B) and (D)(2)(b) of this section, to send the amount withheld to  9,301        

the child support enforcement agency for that county, to send      9,302        

that amount to the agency immediately but not later than ten days  9,303        

after the date the payment is made to the obligor, to provide the  9,304        

date on which the amount was withheld, and to continue the         9,305        

withholding at intervals specified in the notice until further     9,306        

notice from the court or agency.  To the extent possible, the      9,307        

amount specified in the notice to be withheld shall satisfy the    9,308        

amount ordered for support in the support order plus any           9,309        

arrearages that may be owed by the obligor under any prior         9,310        

support order that pertained to the same child or spouse,          9,311        

notwithstanding the limitations of section 4123.67 of the Revised  9,312        

Code.  However, in no case shall the sum of the amount specified   9,313        

in the notice to be withheld and any fee withheld by an employer   9,314        

as a charge for its services exceed the maximum amount permitted   9,315        

under section 303(b) of the "Consumer Credit Protection Act," 15   9,316        

U.S.C. 1673(b).                                                    9,317        

      (b)  If the court or agency imposes a withholding            9,319        

requirement under division (D)(2)(a) of this section, it, within   9,320        

the applicable period of time specified in division (A), (B), or   9,321        

(C) of this section, shall send to the bureau of workers'          9,322        

compensation or the employer that is paying the obligor's          9,323        

                                                          220    

                                                                 
workers' compensation benefits by regular mail a notice that       9,324        

contains all of the information set forth in divisions             9,325        

(D)(2)(b)(i) to (x) of this section.  The notice is final and is   9,326        

enforceable by the court.  The notice shall contain all of the     9,327        

following:                                                         9,328        

      (i)  The amount to be withheld from the obligor's worker's   9,330        

compensation payments and a statement that the amount actually     9,331        

withheld for support and other purposes, including the fee         9,332        

described in division (D)(2)(b)(x) of this section, if             9,333        

applicable, shall not be in excess of the maximum amounts          9,334        

permitted under section 303(b) of the "Consumer Credit Protection  9,335        

Act," 15 U.S.C. 1673(b);                                           9,336        

      (ii)  A statement that the bureau or employer is required    9,338        

to send the amount withheld to the child support enforcement       9,339        

agency immediately, but not later than ten working days, after     9,340        

the payment is made to the obligor and is required to report to    9,341        

the agency the date on which the amount was withheld from the      9,342        

obligor's payments;                                                9,343        

      (iii)  A statement that the withholding is binding upon the  9,345        

bureau or employer until further notice from the court or agency;  9,346        

      (iv)  If the notice is sent to an employer who is paying     9,348        

the obligor's worker's compensation benefits, a statement that,    9,349        

if the employer fails to withhold from the obligor's worker's      9,350        

compensation payments in accordance with the provisions of the     9,351        

notice, the employer is liable for the accumulated amount the      9,352        

employer should have withheld from the obligor's payments;         9,353        

      (v)  A statement that the withholding in accordance with     9,355        

the notice and under the provisions of this section has priority   9,356        

over any other legal process under the law of this state against   9,357        

the same payment of benefits;                                      9,358        

      (vi)  The date on which the notice was mailed and a          9,360        

statement that the bureau or employer is required to implement     9,361        

the withholding no later than the date of the first payment that   9,362        

occurs after fourteen working days following the date the notice   9,363        

                                                          221    

                                                                 
was mailed and is required to continue the withholding at the      9,364        

intervals specified in the notice;                                 9,365        

      (vii)  A requirement that the bureau or employer promptly    9,367        

notify the child support enforcement agency, in writing, within    9,368        

ten working days after the date of any termination of the          9,369        

obligor's workers' compensation benefits;                          9,370        

      (viii)  A requirement that the bureau or employer include    9,372        

in all notices the obligor's last known mailing address, last      9,373        

known residence address, and social security number;               9,374        

      (ix)  A requirement that, no later than the earlier of       9,376        

forty-five days before the lump-sum payment is to be made or, if   9,377        

the obligor's right to the lump-sum payment is determined less     9,378        

than forty-five days before it is to be made, the date on which    9,379        

that determination is made, the bureau or employer notify the      9,380        

child support enforcement agency of any lump-sum payment of any    9,381        

kind of five hundred dollars or more that is to be paid to the     9,382        

obligor, hold the lump-sum payment for thirty days after the date  9,383        

on which the lump-sum payment otherwise would be paid to the       9,384        

obligor, and, upon order of the court, pay any specified amount    9,385        

of the lump-sum payment to the agency.                             9,386        

      (x)  If the notice is sent to an employer who is paying the  9,388        

obligor's workers' compensation benefits, a statement that, in     9,389        

addition to the amount withheld for support, the employer may      9,390        

withhold a fee from the obligor's benefits as a charge for its     9,391        

services in complying with the notice and a specification of the   9,392        

amount that may be withheld.                                       9,393        

      (c)  The court or agency shall send the notice described in  9,395        

division (D)(2)(b) of this section to the obligor and shall        9,396        

attach to the notice an additional notice requiring the obligor    9,397        

to immediately notify the child support enforcement agency, in     9,398        

writing, of any change in the obligor's workers' compensation      9,399        

payments, of the obligor's commencement of employment, including   9,400        

self-employment, and of the availability of any other sources of   9,401        

income that can be the subject of any withholding or deduction     9,402        

                                                          222    

                                                                 
requirement described in division (D) of this section.  The court  9,403        

or agency shall serve the notices upon the obligor at the same     9,404        

time as service of the support order or, if the support order      9,405        

previously has been issued, shall send the notices to the obligor  9,406        

by regular mail at the obligor's last known address at the same    9,407        

time that it sends the notice described in division (D)(2)(b) of   9,408        

this section to the bureau or employer.  The additional notice     9,409        

also shall notify the obligor that upon commencement of            9,410        

employment the obligor may request the court or the child support  9,411        

enforcement agency to cancel its workers' compensation payment     9,412        

withholding notice and instead issue a notice requiring the        9,413        

withholding of an amount from the obligor's personal earnings for  9,414        

support in accordance with division (D)(1) of this section and     9,416        

that upon commencement of employment the court may cancel its      9,417        

workers' compensation payment withholding notice and instead will  9,418        

issue a notice requiring the withholding of an amount from the     9,419        

obligor's personal earnings for support in accordance with         9,420        

division (D)(1) of this section.  The notification required of                  

the obligor shall include a description of the nature of any new   9,421        

employment, the name and business address of any new employer,     9,422        

and any other information reasonably required by the court.        9,423        

      (3)(a)  If the court or child support enforcement agency     9,425        

determines that the obligor is receiving any pension, annuity,     9,426        

allowance, or other benefit or is to receive or has received a     9,427        

warrant refunding the individual account from the public           9,428        

employees retirement system, a municipal retirement system         9,429        

established subject to sections 145.01 to 145.58 of the Revised    9,430        

Code, the police and firemen's disability and pension fund, the    9,431        

state teachers retirement system, the school employees retirement  9,432        

system, or the state highway patrol retirement system, the court   9,433        

or agency may require the public employees retirement board, the   9,434        

board, board of trustees, or other governing entity of any         9,435        

municipal retirement system, the board of trustees of the police   9,436        

and firemen's disability and pension fund, the state teachers      9,437        

                                                          223    

                                                                 
retirement board, the school employees retirement board, or the    9,438        

state highway patrol retirement board to withhold from the         9,439        

obligor's pension, annuity, allowance, other benefit, or warrant   9,440        

a specified amount for support in satisfaction of the support      9,441        

order, to begin the withholding no later than the date of the      9,442        

first payment that occurs after fourteen working days following    9,443        

the date the notice was mailed to the board, board of trustees,    9,444        

or other entity under divisions (A)(2) or (B) and (D)(3)(b) of     9,445        

this section, to send the amount withheld to the child support     9,446        

enforcement agency for that county, to send that amount to the     9,447        

agency immediately but not later than ten days after the date the  9,448        

payment is made to the obligor, to provide the date on which the   9,449        

amount was withheld, and to continue the withholding at intervals  9,450        

specified in the notice until further notice from the court or     9,451        

agency.  To the extent possible, the amount specified in the       9,452        

notice to be withheld shall satisfy the amount ordered for         9,453        

support in the support order plus any arrearages that may be owed  9,454        

by the obligor under any prior support order that pertained to     9,455        

the same child or spouse, notwithstanding the limitations of       9,456        

sections 2329.66, 2329.70, and 2716.13 of the Revised Code.        9,457        

However, in no case shall the sum of the amount specified in the   9,458        

notice to be withheld and any fee withheld by the board, board of  9,459        

trustees, or other entity as a charge for its services exceed the  9,460        

maximum amount permitted under section 303(b) of the "Consumer     9,461        

Credit Protection Act," 15 U.S.C. 1673(b).                         9,462        

      (b)  If the court or agency imposes a withholding            9,464        

requirement under division (D)(3)(a) of this section, it, within   9,465        

the applicable period of time specified in division (A), (B), or   9,466        

(C) of this section, shall send to the board, board of trustees,   9,467        

or other entity by regular mail a notice that contains all of the  9,468        

information set forth in divisions (D)(3)(b)(i) to (ix) of this    9,469        

section.  The notice is final and is enforceable by the court.     9,470        

The notice shall contain all of the following:                     9,471        

      (i)  The amount to be withheld from the obligor's pension,   9,473        

                                                          224    

                                                                 
annuity, allowance, other benefit, or warrant and a statement      9,474        

that the amount actually withheld for support and other purposes,  9,475        

including the fee described in division (D)(3)(b)(ix) of this      9,476        

section, shall not be in excess of the maximum amounts permitted   9,477        

under section 303(b) of the "Consumer Credit Protection Act," 15   9,478        

U.S.C. 1673(b);                                                    9,479        

      (ii)  A statement that the board, board of trustees, or      9,481        

other entity is required to send the amount withheld to the child  9,482        

support enforcement agency immediately, but not later than ten     9,483        

working days, after the payment is made to the obligor and is      9,484        

required to report to the agency the date on which the amount was  9,485        

withheld from the obligor's payments;                              9,486        

      (iii)  A statement that the withholding is binding upon the  9,488        

board, board of trustees, or other entity until further notice     9,489        

from the court or agency;                                          9,490        

      (iv)  A statement that the withholding in accordance with    9,492        

the notice and under the provisions of this section has priority   9,493        

over any other legal process under the law of this state against   9,494        

the same payment of the pension, annuity, allowance, other         9,495        

benefit, or warrant;                                               9,496        

      (v)  The date on which the notice was mailed and a           9,498        

statement that the board, board of trustees, or other entity is    9,499        

required to implement the withholding no later than the date of    9,500        

the first payment that occurs after fourteen working days          9,501        

following the date the notice was mailed and is required to        9,502        

continue the withholding at the intervals specified in the         9,503        

notice;                                                            9,504        

      (vi)  A requirement that the board, board of trustees, or    9,506        

other entity promptly notify the child support enforcement         9,507        

agency, in writing, within ten working days after the date of any  9,508        

termination of the obligor's pension, annuity, allowance, or       9,509        

other benefit;                                                     9,510        

      (vii)  A requirement that the board, board of trustees, or   9,512        

other entity include in all notices the obligor's last known       9,513        

                                                          225    

                                                                 
mailing address, last known residence address, and social          9,514        

security number;                                                   9,515        

      (viii)  A requirement that, no later than the earlier of     9,517        

forty-five days before the lump-sum payment is to be made or, if   9,518        

the obligor's right to the lump-sum payment is determined less     9,519        

than forty-five days before it is to be made, the date on which    9,520        

that determination is made, the board, board of trustees, or       9,521        

other entity notify the child support enforcement agency of any    9,522        

lump-sum payment of any kind of five hundred dollars or more that  9,523        

is to be paid to the obligor, hold the lump-sum payment for        9,524        

thirty days after the date on which the lump-sum payment would     9,525        

otherwise be paid to the obligor, if the lump-sum payments are     9,526        

lump-sum payments of retirement benefits or contributions, and,    9,527        

upon order of the court, pay any specified amount of the lump-sum  9,528        

payment to the agency;                                             9,529        

      (ix)  A statement that, in addition to the amount withheld   9,531        

for support, the board, board of trustees, or other entity may     9,532        

withhold a fee from the obligor's pension, annuity, allowance,     9,533        

other benefit, or warrant as a charge for its services in          9,534        

complying with the notice and a specification of the amount that   9,535        

may be withheld.                                                   9,536        

      (c)  The court or agency shall send the notice described in  9,538        

division (D)(3)(b) of this section to the obligor and shall        9,539        

attach to the notice an additional notice requiring the obligor    9,540        

immediately to notify the child support enforcement agency, in     9,541        

writing, of any change in pension, annuity, allowance, or other    9,543        

benefit, of the commencement of employment, including                           

self-employment, and of the availability of any other sources of   9,544        

income that can be the subject of any withholding or deduction     9,545        

requirement described in division (D) of this section.  The court  9,546        

or agency shall serve the notices upon the obligor at the same     9,547        

time as service of the support order or, if the support order      9,548        

previously has been issued, shall send the notices to the obligor  9,549        

by regular mail at the last known address at the same time that    9,550        

                                                          226    

                                                                 
it sends the notice described in division (D)(3)(b) of this        9,551        

section to the board, board of trustees, or other entity.  The     9,552        

additional notice also shall specify that upon commencement of     9,554        

employment the obligor may request the court or the child support  9,555        

enforcement agency to issue a notice requiring the withholding of  9,556        

an amount from personal earnings for support in accordance with    9,557        

division (D)(1) of this section and that upon commencement of      9,558        

employment the court may cancel its withholding notice under       9,559        

division (D)(3)(b) of this section and instead will issue a        9,560        

notice requiring the withholding of an amount from personal        9,561        

earnings for support in accordance with division (D)(1) of this    9,562        

section.  The notification required of the obligor shall include   9,563        

a description of the nature of any new employment, the name and    9,564        

business address of any new employer, and any other information    9,565        

reasonably required by the court.                                               

      (4)(a)  If the court or child support enforcement agency     9,567        

determines that the obligor is receiving any form of income,       9,568        

including, but not limited to, disability or sick pay, insurance   9,569        

proceeds, lottery prize awards, federal, state, or local           9,570        

government benefits to the extent that the benefits can be         9,571        

withheld or deducted under any law governing the benefits, any     9,572        

form of trust fund or endowment fund, vacation pay, commissions    9,573        

and draws against commissions that are paid on a regular basis,    9,574        

bonuses or profit-sharing payments or distributions, or any        9,575        

lump-sum payments, the court or agency may require the person who  9,576        

pays or otherwise distributes the income to the obligor to         9,577        

withhold from the obligor's income a specified amount for support  9,578        

in satisfaction of the support order, to begin the withholding no  9,579        

later than the date of the first payment that occurs after         9,580        

fourteen working days following the date the notice was mailed to  9,581        

the person paying or otherwise distributing the obligor's income   9,582        

under divisions (A)(2) or (B) and (D)(4)(b) of this section, to    9,583        

send the amount withheld to the child support enforcement agency   9,584        

for that county, to send that amount to the agency immediately     9,585        

                                                          227    

                                                                 
but not later than ten days after the date the payment is made to  9,586        

the obligor, to provide the date on which the amount was           9,587        

withheld, and to continue the withholding at intervals specified   9,588        

in the notice until further notice from the court or agency.  To   9,589        

the extent possible, the amount specified in the notice to be      9,590        

withheld shall satisfy the amount ordered for support in the       9,591        

support order plus any arrearages that may be owed by the obligor  9,592        

under any prior support order that pertained to the same child or  9,593        

spouse, notwithstanding the limitations of sections 2329.66,       9,594        

2329.70, and 2716.13 of the Revised Code.  However, in no case     9,595        

shall the sum of the amount specified in the notice to be          9,596        

withheld and any fee withheld by the person paying or otherwise    9,597        

distributing the obligor's income as a charge for its services     9,598        

exceed the maximum amount permitted under section 303(b) of the    9,599        

"Consumer Credit Protection Act," 15 U.S.C. 1673(b).               9,600        

      (b)  If the court or agency imposes a withholding            9,602        

requirement under division (D)(4)(a) of this section, it, within   9,603        

the applicable period of time specified in division (A), (B), or   9,604        

(C) of this section, shall send to the person paying or otherwise  9,605        

distributing the obligor's income by regular mail a notice that    9,606        

contains all of the information set forth in divisions             9,607        

(D)(4)(b)(i) to (ix) of this section.  The notice is final and is  9,608        

enforceable by the court.  The notice shall contain all of the     9,609        

following:                                                         9,610        

      (i)  The amount to be withheld from the obligor's income     9,612        

and a statement that the amount actually withheld for support and  9,613        

other purposes, including the fee described in division            9,614        

(D)(4)(b)(ix) of this section, shall not be in excess of the       9,615        

maximum amounts permitted under section 303(b) of the "Consumer    9,616        

Credit Protection Act," 15 U.S.C. 1673(b);                         9,617        

      (ii)  A statement that the person paying or otherwise        9,619        

distributing the obligor's income is required to send the amount   9,620        

withheld to the child support enforcement agency immediately, but  9,621        

not later than ten working days, after the payment is made to the  9,622        

                                                          228    

                                                                 
obligor and is required to report to the agency the date on which  9,623        

the amount was withheld from the obligor's payments;               9,624        

      (iii)  A statement that the withholding is binding upon the  9,626        

person paying or otherwise distributing the obligor's income       9,627        

until further notice from the court or agency;                     9,628        

      (iv)  A statement that the withholding in accordance with    9,630        

the notice and under the provisions of this section has priority   9,631        

over any other legal process under the law of this state against   9,632        

the same payment of the income;                                    9,633        

      (v)  A statement that the person paying or otherwise         9,635        

distributing the obligor's income is required to implement the     9,636        

withholding no later than the date of the first payment that       9,637        

occurs after fourteen working days following the date the notice   9,638        

was mailed and is required to continue the withholding at the      9,639        

intervals specified in the notice;                                 9,640        

      (vi)  A requirement that the person paying or otherwise      9,642        

distributing the obligor's income promptly notify the child        9,643        

support enforcement agency, in writing, within ten days after the  9,644        

date of any termination of the obligor's income;                   9,645        

      (vii)  A requirement that the person paying or otherwise     9,647        

distributing the obligor's income include in all notices the       9,648        

obligor's last known mailing address, last known residence         9,649        

address, and social security number;                               9,650        

      (viii)  A requirement that, no later than the earlier of     9,652        

forty-five days before the lump-sum payment is to be made or, if   9,653        

the obligor's right to the lump-sum payment is determined less     9,654        

than forty-five days before it is to be made, the date on which    9,655        

that determination is made, the person paying or otherwise         9,656        

distributing the obligor's income notify the child support         9,657        

enforcement agency of any lump-sum payment of any kind of five     9,658        

hundred dollars or more that is to be paid to the obligor, hold    9,659        

the lump-sum payment for thirty days after the date on which the   9,660        

lump-sum payment would otherwise be paid to the obligor, if the    9,661        

lump-sum payment is sick pay, lump-sum payment of retirement       9,662        

                                                          229    

                                                                 
benefits or contributions, or profit-sharing payments or           9,663        

distributions, and, upon order of the court, pay any specified     9,664        

amount of the lump-sum payment to the child support enforcement    9,665        

agency;                                                            9,666        

      (ix)  A statement that, in addition to the amount withheld   9,668        

for support, the person paying or otherwise distributing the       9,669        

obligor's income may withhold a fee from the obligor's income as   9,670        

a charge for its services in complying with the order and a        9,671        

specification of the amount that may be withheld.                  9,672        

      (c)  The court or agency shall send the notice described in  9,674        

division (D)(4)(b) of this section to the obligor and shall        9,675        

attach to the notice an additional notice requiring the obligor    9,676        

immediately to notify the child support enforcement agency, in     9,677        

writing, of any change in income to which the withholding notice   9,679        

applies, of the commencement of employment, including                           

self-employment, and of the availability of any other sources of   9,680        

income that can be the subject of any withholding or deduction     9,681        

requirement described in division (D) of this section.  The court  9,682        

or agency shall serve the notices upon the obligor at the same     9,683        

time as service of the support order or, if the support order      9,684        

previously has been issued, shall send the notices to the obligor  9,685        

by regular mail at the last known address at the same time that    9,686        

it sends the notice described in division (D)(4)(b) of this        9,687        

section to the person paying or otherwise distributing the         9,688        

obligor's income.  The additional notice also shall specify that   9,689        

upon commencement of employment the obligor may request the court  9,691        

or child support enforcement agency to issue a notice requiring    9,692        

the withholding of an amount from the obligor's personal earnings  9,693        

for support in accordance with division (D)(1) of this section                  

and that upon commencement of employment the court may cancel its  9,695        

withholding notice under division (D)(4)(b) of this section and    9,696        

instead will issue a notice requiring the withholding of an                     

amount from personal earnings for support in accordance with       9,697        

division (D)(1) of this section.  The notification required of     9,698        

                                                          230    

                                                                 
the obligor shall include a description of the nature of any new   9,699        

employment, the name and business address of any new employer,     9,700        

and any other information reasonably required by the court.        9,701        

      (5)(a)  If the court or child support enforcement agency     9,703        

determines that the obligor has funds on deposit in any account    9,704        

in a financial institution under the jurisdiction of the court,    9,705        

the court or agency may require any financial institution in       9,706        

which the obligor's funds are on deposit to deduct from the        9,707        

obligor's account a specified amount for support in satisfaction   9,708        

of the support order, to begin the deduction no later than         9,709        

fourteen working days following the date the notice was mailed to  9,710        

the financial institution under divisions (A)(2) or (B) and        9,712        

(D)(5)(2)(b) of this section, to send the amount deducted to the   9,713        

DIVISION OF child support enforcement agency for that county IN    9,715        

THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5101.325 OF   9,716        

THE REVISED CODE, to send that amount to the agency DIVISION       9,718        

immediately but not later than ten SEVEN WORKING days after the    9,720        

date the latest deduction was made, to provide the date on which   9,721        

the amount was deducted, and to continue the deduction at          9,722        

intervals specified in the notice until further notice from the    9,723        

court or CHILD SUPPORT ENFORCEMENT agency.  To the extent                       

possible, the amount specified in the notice to be deducted shall  9,725        

satisfy the amount ordered for support in the support order plus   9,726        

any arrearages that may be owed by the obligor under any prior     9,727        

support order that pertained to the same child or spouse,          9,728        

notwithstanding the limitations of sections 2329.66, 2329.70, and  9,729        

2716.13 of the Revised Code.  However, in no case shall the sum    9,730        

of the amount specified in the notice to be deducted and the fee   9,731        

deducted by the financial institution as a charge for its          9,732        

services exceed the maximum amount permitted under section 303(b)  9,733        

of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).        9,734        

      (b)  If the court or agency imposes a withholding            9,736        

requirement under division (D)(5)(2)(a) of this section, it,       9,737        

within the applicable period of time specified in division (A),    9,739        

                                                          231    

                                                                 
(B), or (C) of this section, shall send to the financial           9,740        

institution by regular mail a notice that contains all of the      9,741        

information set forth in divisions (D)(5)(2)(b)(i) to (viii) of    9,742        

this section.  The notice is final and is enforceable by the       9,744        

court.  The notice shall contain all of the following:             9,745        

      (i)  The amount to be deducted from the obligor's account    9,747        

and a statement that the amount actually deducted for support and  9,748        

other purposes, including the fee described in division            9,749        

(D)(5)(b)(viii) of this section, shall not be in excess of the     9,751        

maximum amounts permitted under section 303(b) of the "Consumer    9,752        

Credit Protection Act," 15 U.S.C. 1673(b);                         9,753        

      (ii)  A statement that the financial institution is          9,755        

required to send the amount deducted to the DIVISION OF child      9,756        

support enforcement agency immediately, but not later than ten     9,757        

SEVEN working days, after the date the last deduction was made     9,759        

and is required to report to the CHILD SUPPORT ENFORCEMENT agency  9,760        

the date on which the amount was deducted from the obligor's       9,762        

account;                                                                        

      (iii)  A statement that the deduction is binding upon the    9,764        

financial institution until further notice from the court or       9,765        

agency;                                                            9,766        

      (iv)  A statement that the withholding in accordance with    9,768        

the notice and under the provisions of this section has priority   9,769        

over any other legal process under the law of this state against   9,770        

the same account;                                                  9,771        

      (v)  The date on which the notice was mailed and a           9,773        

statement that the financial institution is required to implement  9,774        

the deduction no later than fourteen working days following the    9,775        

date the notice was mailed and is required to continue the         9,776        

deduction at the intervals specified in the notice;                9,777        

      (vi)  A requirement that the financial institution promptly  9,779        

notify the child support enforcement agency, in writing, within    9,780        

ten days after the date of any termination of the account from     9,781        

which the deduction is being made and notify the agency, in        9,782        

                                                          232    

                                                                 
writing, of the opening of a new account at that financial         9,783        

institution, the account number of the new account, the name of    9,784        

any other known financial institutions in which the obligor has    9,785        

any accounts, and the numbers of those accounts;                   9,786        

      (vii)  A requirement that the financial institution include  9,788        

in all notices the obligor's last known mailing address, last      9,789        

known residence address, and social security number;               9,790        

      (viii)  A statement that, in addition to the amount          9,792        

deducted for support, the financial institution may deduct a fee   9,793        

from the obligor's account as a charge for its services in         9,794        

complying with the notice and a specification of the amount that   9,795        

may be deducted.                                                   9,796        

      (c)  The court or agency shall send the notice described in  9,798        

division (D)(5)(2)(b) of this section to the obligor and shall     9,799        

attach to the notice an additional notice requiring the obligor    9,800        

immediately to notify the child support enforcement agency, in     9,801        

writing, of any change in the status of the account from which     9,802        

the amount of support is being deducted or the opening of a new    9,803        

account with any financial institution, of commencement of         9,804        

employment, including self-employment, or of the availability of   9,805        

any other sources of income that can be the subject of any         9,806        

withholding or deduction requirement described in division (D) of  9,807        

this section.  The court or agency shall serve the notices upon    9,808        

the obligor at the same time as service of the support order or,   9,809        

if the support order previously has been issued, shall send the    9,810        

notices to the obligor by regular mail at the last known address   9,811        

at the same time that it sends the notice described in division    9,812        

(D)(5)(2)(b) of this section to the financial institution.  The    9,814        

additional notice also shall specify that upon commencement of     9,816        

employment, the obligor may request the court or child support     9,817        

enforcement agency to cancel its financial institution account     9,818        

deduction notice and instead issue a notice requiring the                       

withholding of an amount from personal earnings for support in     9,820        

accordance with division (D)(1) of this section and that upon                   

                                                          233    

                                                                 
commencement of employment the court may cancel its financial      9,821        

institution account deduction notice under division (D)(5)(2)(b)   9,823        

of this section and instead will issue a notice requiring the      9,824        

withholding of an amount from personal earnings for support in     9,826        

accordance with division (D)(1) of this section.  The                           

notification required of the obligor shall include a description   9,827        

of the nature of any new accounts opened at a financial            9,828        

institution under the jurisdiction of the court, the name and      9,829        

business address of that financial institution, a description of   9,830        

the nature of any new employment OR INCOME SOURCE, the name and,   9,832        

business address, AND TELEPHONE NUMBER of any new employer OR      9,833        

INCOME SOURCE, and any other information reasonably required by    9,835        

the court.                                                                      

      (6)(3)  The court may issue an order requiring the obligor   9,837        

to enter into a cash bond with the court.  The court shall issue   9,838        

the order as part of the support order or, if the support order    9,839        

previously has been issued, as a separate order.  Any cash bond    9,840        

so required shall be in a sum fixed by the court at not less than  9,841        

five hundred nor more than ten thousand dollars, conditioned that  9,842        

the obligor will make payment as previously ordered and will pay   9,843        

any arrearages under any prior support order that pertained to     9,844        

the same child or spouse.  The order, along with an additional     9,845        

order requiring the obligor to immediately notify the child        9,846        

support enforcement agency, in writing, of commencement of         9,847        

employment, including self-employment IF THE OBLIGOR BEGINS TO     9,848        

RECEIVE INCOME FROM A PAYOR, shall be attached to, and shall be    9,850        

served upon the obligor at the same time as service of, the        9,851        

support order or, if the support order previously has been                      

issued, as soon as possible after the issuance of the order under  9,852        

this division.  The additional order also shall specify that upon  9,853        

commencement of employment WHEN THE OBLIGOR BEGINS TO RECEIVE      9,854        

INCOME FROM A PAYOR the obligor may request the court to cancel    9,856        

its bond order and instead issue a notice requiring the            9,857        

withholding of an amount from personal earnings INCOME for         9,859        

                                                          234    

                                                                 
support in accordance with division (D)(1) of this section and     9,860        

that upon commencement of employment WHEN THE OBLIGOR BEGINS TO                 

RECEIVE INCOME FROM A PAYOR the court will proceed to collect on   9,862        

the bond, if the court determines that payments due under the      9,863        

support order have not been made and that the amount that has not  9,864        

been paid is at least equal to the support owed for one month      9,865        

under the support order, and will issue a notice requiring the     9,866        

withholding of an amount from personal earnings INCOME for         9,867        

support in accordance with division (D)(1) of this section.  The   9,869        

notification required of the obligor shall include a description   9,870        

of the nature of any new employment, the name and business         9,871        

address of any new employer, and any other information reasonably  9,872        

required by the court.                                                          

      The court shall not order an obligor to post a cash bond     9,874        

under this division unless the court determines that the obligor   9,875        

has the ability to do so.  A child support enforcement agency      9,876        

shall not issue an order of the type described in this division.   9,877        

If a child support enforcement agency is required to issue a       9,878        

withholding or deduction notice under division (D) of this         9,879        

section but the agency determines that no notice of the type       9,880        

described in division (D)(1) to (5) OR (2) of this section would   9,882        

be appropriate, the agency may request the court to issue a court  9,883        

order under this division, and, upon the request, the court may    9,884        

issue an order as described in this division.                      9,885        

      (7)(4)  If the obligor is unemployed, has no income, and     9,887        

does not have an account at any financial institution, OR ON       9,888        

REQUEST OF A CHILD SUPPORT ENFORCEMENT AGENCY MADE UNDER SECTION   9,889        

3111.231 OF THE REVISED CODE, the court shall issue an order       9,891        

requiring the obligor to seek employment, if the obligor is able   9,892        

to engage in employment and immediately to, TO SEEK EMPLOYMENT OR  9,893        

PARTICIPATE IN A WORK ACTIVITY TO WHICH A RECIPIENT OF ASSISTANCE  9,894        

UNDER TITLE IV-A OF THE "SOCIAL SECURITY ACT," 49 STAT. 620        9,900        

(1935), 42 U.S.C.A. 301, AS AMENDED, MAY BE ASSIGNED AS SPECIFIED  9,902        

IN SECTION 407(d) OF THE "SOCIAL SECURITY ACT," 42 U.S.C.A.        9,908        

                                                          235    

                                                                 
607(d), AS AMENDED.  THE COURT SHALL INCLUDE IN THE ORDER A        9,909        

REQUIREMENT THAT THE OBLIGOR notify the child support enforcement  9,911        

agency upon obtaining employment, upon obtaining any income, or    9,912        

upon obtaining ownership of any asset with a value of five         9,913        

hundred dollars or more.  THE COURT MAY ISSUE THE ORDER            9,915        

REGARDLESS OF WHETHER THE OBLIGEE TO WHOM THE OBLIGOR OWES                      

SUPPORT IS A RECIPIENT OF ASSISTANCE UNDER TITLE (IV)-A OF THE     9,917        

"SOCIAL SECURITY ACT."  The court shall issue the notice ORDER as  9,918        

part of the A support order or, if the A support order previously  9,920        

has been issued, as a separate notice. A child support             9,921        

enforcement agency shall not issue a notice of the type described  9,922        

in this division ORDER.  If a child support enforcement agency is  9,923        

required to issue a withholding or deduction notice under          9,924        

division (D) of this section but the agency determines that no     9,925        

notice of the type described in division (D)(1) to (5) OR (2) of   9,926        

this section would be appropriate, the agency may request the      9,928        

court to issue a court order under this division (D)(4) OF THIS    9,929        

SECTION, and, upon the request, the court may issue an order as    9,930        

described in this division (D)(4) OF THIS SECTION.                 9,931        

      IF AN OBLIGOR IS ORDERED TO PARTICIPATE IN A WORK ACTIVITY,  9,934        

THE CHILD SUPPORT ENFORCEMENT AGENCY OF THE COUNTY IN WHICH THE    9,935        

OBLIGOR RESIDES SHALL OVERSEE THE OBLIGOR'S PARTICIPATION IN       9,936        

ACCORDANCE WITH RULES THE DEPARTMENT OF HUMAN SERVICES SHALL       9,937        

ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.  A      9,940        

CHILD SUPPORT ENFORCEMENT AGENCY MAY CONTRACT WITH ONE OR MORE     9,941        

GOVERNMENTAL AGENCIES OR PERSONS TO CARRY OUT SOME OR ALL OF ITS   9,942        

OVERSIGHT DUTIES.                                                  9,943        

      (E)  If a court or child support enforcement agency is       9,945        

required under division (A), (B), or (C) of this section or any    9,946        

other section of the Revised Code to issue one or more notices or  9,947        

court orders described in division (D) of this section, the court  9,948        

or agency to the extent possible shall issue a sufficient number   9,949        

of notices or court orders under division (D) of this section to   9,950        

provide that the aggregate amount withheld or deducted under       9,951        

                                                          236    

                                                                 
those notices or court orders satisfies the amount ordered for     9,952        

support in the support order plus any arrearages that may be owed  9,953        

by the obligor under any prior support order that pertained to     9,954        

the same child or spouse, notwithstanding the limitations of       9,955        

sections 2329.66, 2329.70, 2716.13, and 4123.67 of the Revised     9,956        

Code.  However, in no case shall the aggregate amount withheld or  9,957        

deducted PURSUANT TO A WITHHOLDING NOTICE ISSUED UNDER DIVISION    9,959        

(D)(1) OF THIS SECTION and any fees withheld or deducted PURSUANT  9,960        

TO THE NOTICE as a charge for services exceed the maximum amount   9,961        

permitted under section 303(b) of the "Consumer Credit Protection  9,962        

Act," 15 U.S.C. 1673(b).                                                        

      (F)(1)  Any withholding or deduction requirement that is     9,964        

contained in a notice described in division (D) of this section    9,965        

and that is required to be issued by division (A), (B), or (C) of  9,966        

this section or any other section of the Revised Code has          9,967        

priority over any order of attachment, any order in aid of         9,968        

execution, and any other legal process issued under state law      9,969        

against the same earnings, payments, or account.                   9,970        

      (2)  When two or more withholding or deduction notices that  9,972        

are described in division (D)(1) of this section and that are      9,973        

required to be issued by division (A), (B), or (C) of this         9,974        

section or any other section of the Revised Code are received by   9,975        

an employer, the bureau of workers' compensation, an employer      9,976        

that is paying more than one person's workers' compensation        9,977        

benefits, the public employees retirement board, the board, board  9,978        

of trustees, or other governing entity of any municipal            9,979        

retirement system, the board of trustees of the police and         9,980        

firemen's disability and pension fund, the state teachers          9,981        

retirement board, the school employees retirement board, the       9,982        

state highway patrol retirement board, a person paying or          9,983        

otherwise distributing income for more than one obligor, or a      9,985        

financial institution, the employer, bureau of workers'            9,986        

compensation, employer paying workers' compensation benefits,      9,987        

board, board of trustees, or other governing entity of a           9,988        

                                                          237    

                                                                 
retirement system, person paying or distributing income to an      9,989        

obligor, or financial institution THE PAYOR shall comply with all  9,991        

of the requirements contained in the notices to the extent that    9,994        

the total amount withheld from the obligor's personal earnings,    9,995        

payments, pensions, annuities, allowances, benefits, other         9,996        

sources of income, or savings does not exceed the maximum amount   9,997        

permitted under section 303(b) of the "Consumer Credit Protection  9,998        

Act," 15 U.S.C. 1673(b), withhold or deduct amounts in accordance  9,999        

with the allocation set forth in divisions (F)(2)(a) and (b) of    10,000       

this section, notify each court or child support enforcement       10,001       

agency that issued one of the notices of the allocation, and give  10,002       

priority to amounts designated in each notice as current support   10,003       

in the following manner:                                           10,004       

      (a)  If the total of the amounts designated in the notices   10,006       

as current support exceeds the amount available for withholding    10,007       

under section 303(b) of the "Consumer Credit Protection Act," 15   10,008       

U.S.C. 1673(b), the employer, bureau of workers' compensation,     10,009       

employer paying workers' compensation benefits, board, board of    10,010       

trustees, or other governing entity of a municipal retirement      10,011       

system, person paying or distributing income to an obligor, or     10,013       

financial institution PAYOR shall allocate to each notice an       10,014       

amount for current support equal to the amount designated in that  10,016       

notice as current support multiplied by a fraction in which the    10,017       

numerator is the amount of personal earnings, payments, pensions,  10,018       

annuities, allowances, benefits, other sources of income, or       10,019       

savings available for withholding and the denominator is the       10,020       

total amount designated in all of the notices as current support.  10,021       

      (b)  If the total of the amounts designated in the notices   10,023       

as current support does not exceed the amount available for        10,024       

withholding under section 303(b) of the "Consumer Credit           10,025       

Protection Act," 15 U.S.C. 1673(b), the persons and entities       10,026       

listed in division (F)(2)(a) of this section PAYOR shall pay all   10,028       

of the amounts designated as current support in the notices and    10,029       

shall allocate to each notice an amount for past-due support       10,030       

                                                          238    

                                                                 
equal to the amount designated in that notice as past-due support  10,031       

multiplied by a fraction in which the numerator is the amount of   10,032       

personal earnings, payments, pensions, annuities, allowances,      10,033       

benefits, other sources of income, or savings remaining available  10,034       

for withholding after the payment of current support and the       10,035       

denominator is the total amount designated in all of the notices   10,036       

as past-due support.                                               10,037       

      (G)(1)  Except when a provision specifically authorizes or   10,039       

requires service other than as described in this division,         10,040       

service of any notice on any party, the bureau of workers'         10,041       

compensation, an employer that is paying a person's workers'       10,042       

compensation benefits, the public employees retirement board, the  10,043       

board, board of trustees, or other governing entity of any         10,044       

municipal retirement system, the board of trustees of the police   10,045       

and firemen's disability and pension fund, the state teachers      10,046       

retirement board, the school employees retirement board, the       10,047       

state highway patrol retirement board, a person paying or          10,048       

otherwise distributing an obligor's income, a financial            10,049       

institution, or an employer PAYOR, for purposes of division (A),   10,050       

(B), (C), or (D) of this section, may SHALL be made by personal    10,052       

service or ordinary first class mail directed to the addressee at  10,054       

the last known address, or, in the case of a corporation, at its   10,055       

usual place of doing business.  Any service of notice by ordinary  10,056       

first class mail shall be evidenced by a certificate of mailing    10,057       

filed with the clerk of the court A NOTICE SHALL BE CONSIDERED TO  10,058       

HAVE BEEN SERVED WHEN IT IS MAILED.                                10,059       

      (2)  Each party to a support order shall notify the child    10,061       

support enforcement agency of the party's current mailing address  10,062       

and, current residence address, CURRENT RESIDENCE TELEPHONE        10,064       

NUMBER, AND CURRENT DRIVER'S LICENSE NUMBER, at the time of the    10,065       

issuance or modification of the order and, until further notice    10,066       

of the court that issues the order, shall notify the agency of     10,067       

any change in either address THAT INFORMATION immediately after    10,068       

the change occurs.  Any willful failure to comply with this        10,070       

                                                          239    

                                                                 
division is contempt of court.  No person shall fail to give the   10,071       

notice required by division (G)(2) of this section.                             

      (3)  Each support order, or modification of a support        10,073       

order, that is subject to this section shall contain a statement   10,074       

requiring each party to the order to notify the child support      10,075       

enforcement agency in writing of the party's current mailing       10,076       

address, the party's current residence address, and of any         10,078       

changes in either address and a notice that the requirement to     10,080       

notify the agency of all changes in either address continues       10,082       

until further notice from the court and that a willful failure to  10,083       

supply a correct mailing address or residence address or to        10,085       

provide the agency with all changes in either address is contempt  10,087       

of court.  NOTICE THAT STATES THE FOLLOWING IN BOLDFACED TYPE AND  10,089       

IN ALL CAPITAL LETTERS:                                            10,090       

      "EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD      10,093       

SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT        10,094       

MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE      10,095       

TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY      10,096       

CHANGES IN THAT INFORMATION.  EACH PARTY MUST NOTIFY THE AGENCY    10,097       

OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT.  IF YOU ARE    10,098       

THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE   10,099       

REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST      10,100       

OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT   10,101       

OFFENSE.  IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT                    

ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS    10,102       

YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES    10,104       

UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.           10,105       

      IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED      10,107       

NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING          10,108       

ENFORCEMENT ACTIONS AGAINST YOU:  IMPOSITION OF LIENS AGAINST      10,109       

YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE,  10,111       

DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR   10,112       

INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN                  

FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO   10,114       

                                                          240    

                                                                 
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION."         10,116       

      (4)(a)  The parent who is the residential parent and legal   10,118       

custodian of a child for whom a support order is issued or the     10,119       

person who otherwise has custody of a child for whom a support     10,120       

order is issued immediately shall notify, and the obligor under a  10,121       

support order may notify, the child support enforcement agency of  10,122       

any reason for which the support order should terminate,           10,123       

including, but not limited to, THE CHILD'S ATTAINMENT OF THE AGE   10,124       

OF MAJORITY IF THE CHILD NO LONGER ATTENDS AN ACCREDITED HIGH      10,125       

SCHOOL ON A FULL-TIME BASIS AND THE SUPPORT ORDER DOES NOT         10,126       

PROVIDE FOR THE DUTY OF SUPPORT TO CONTINUE PAST THE AGE OF        10,128       

MAJORITY; the child ceasing to attend such a high school on a                   

full-time basis after attaining the age of majority, IF THE        10,130       

SUPPORT ORDER DOES NOT PROVIDE FOR THE DUTY OF SUPPORT TO          10,131       

CONTINUE PAST THE AGE OF MAJORITY; OR THE death, marriage,         10,133       

emancipation, enlistment in the armed services, deportation, or    10,134       

change of legal or physical custody of the child.  A willful       10,135       

failure to notify the child support enforcement agency as          10,136       

required by this division is contempt of court.  Upon receipt of   10,137       

a notice pursuant to this division, the agency immediately shall   10,138       

conduct an investigation to determine if any reason exists for     10,139       

which the support order should terminate.  THE AGENCY MAY CONDUCT  10,140       

SUCH AN INVESTIGATION REGARDLESS OF WHETHER IT RECEIVED NOTICE     10,141       

UNDER THIS DIVISION.  If the agency so determines THE ORDER        10,142       

SHOULD TERMINATE, it immediately shall notify the court that       10,143       

issued the support order of the reason for which the support       10,144       

order should terminate.                                                         

      (b)  Upon receipt of a notice given pursuant to division     10,146       

(G)(4)(a) of this section, the court shall ORDER THE DIVISION OF   10,147       

CHILD SUPPORT TO impound any funds received for the child          10,149       

pursuant to the support order and THE COURT SHALL set the case     10,151       

for a hearing for a determination of whether the support order     10,152       

should be terminated or modified or whether the court should take  10,153       

any other appropriate action.                                                   

                                                          241    

                                                                 
      (c)  If the court terminates a support order pursuant to     10,155       

divisions (G)(4)(a) and (b) of this section, the termination of    10,156       

the support order also terminates any withholding or deduction     10,157       

order as described in division (D) or (H) of this section that     10,158       

was issued relative to the support order prior to December 31,     10,159       

1993, and any withholding or deduction notice as described in      10,160       

division (D) or court order as described in division (D)(6)(3),    10,162       

(D)(7)(4), or (H) of this section that was issued relative to the  10,165       

support order on or after December 31, 1993.  Upon the             10,166       

termination of any withholding or deduction order or any           10,167       

withholding or deduction notice, the court immediately shall       10,168       

notify the appropriate child support enforcement agency that the   10,169       

order or notice has been terminated, and the agency immediately    10,170       

shall notify each employer, PAYOR OR financial institution, or     10,172       

other person or entity that was required to withhold or deduct a   10,173       

sum of money for the payment of support under the terminated       10,174       

withholding or deduction order or the terminated withholding or    10,175       

deduction notice that the order or notice has been terminated and  10,176       

that it is required to cease all withholding or deduction under    10,177       

the order or notice.                                               10,178       

      (d)  The department of human services shall adopt rules      10,180       

that provide for both of the following:                            10,181       

      (i)  The return to the appropriate person of any funds that  10,183       

a court has ORDERED impounded under division (G)(4)(b) of this     10,184       

section if the support order under which the funds were paid has   10,186       

been terminated pursuant to divisions (G)(4)(a) and (b) of this    10,187       

section;                                                           10,188       

      (ii)  The return to the appropriate person of any other      10,190       

payments made pursuant to a support order if the payments were     10,191       

made at any time after the support order under which the funds     10,192       

were paid has been terminated pursuant to divisions (G)(4)(a) and  10,193       

(b) of this section.                                               10,194       

      (5)  If any party to a support order requests a              10,196       

modification of the order or if any obligee under a support order  10,197       

                                                          242    

                                                                 
or any person on behalf of the obligee files any action to         10,198       

enforce a support order, the court shall notify the child support  10,199       

enforcement agency that is administering the support order or      10,200       

that will administer the order after the court's determination of  10,201       

the request or the action, of the request or the filing.           10,202       

      (6)  When a child support enforcement agency receives any    10,204       

notice under division (G) of section 2151.23, section 2301.37,     10,205       

division (E) of section 3105.18, division (C) of section 3105.21,  10,206       

division (A) of section 3109.05, division (F) of section 3111.13,  10,207       

division (B) of section 3113.04, section 3113.21, section          10,208       

3113.211, section 3113.212, division (K) of section 3113.31, or    10,209       

division (D)(C)(3) of section 3115.22 3115.31 of the Revised       10,211       

Code, it shall issue the most appropriate notices under division   10,212       

(D) of this section.  Additionally, it shall do all of the         10,213       

following:                                                                      

      (a)  If the obligor is subject to a withholding notice       10,215       

issued under division (D)(1) of this section and the notice        10,216       

relates to the obligor's change of employment, send a withholding  10,217       

notice under that division to the new employer of the obligor as   10,218       

soon as the agency obtains knowledge of that employer;             10,219       

      (b)  If the notification received by the agency specifies    10,221       

that a lump-sum payment of five ONE hundred FIFTY dollars or more  10,223       

is to be paid to the obligor, notify the court of the receipt of   10,224       

the notice and its contents;.  THE AGENCY MAY NOTIFY THE COURT IF  10,226       

THE NOTIFICATION SPECIFIES THAT A LUMP-SUM PAYMENT OF LESS THAN    10,227       

ONE HUNDRED FIFTY DOLLARS IS TO BE PAID TO THE OBLIGOR.            10,228       

      (c)  Comply with section 3113.212 of the Revised Code, as    10,230       

appropriate.                                                       10,231       

      (H)(1)(a)  For purposes of division (D)(1) of this section,  10,233       

when a person who fails to comply with a support order that is     10,234       

subject to that division derives income from self-employment or    10,235       

commission, is employed by an employer not subject to the          10,236       

jurisdiction of the court, or is in any other employment           10,237       

situation that makes the application of that division              10,238       

                                                          243    

                                                                 
impracticable, the court may require the person to enter into a    10,239       

cash bond to the court in a sum fixed by the court at not less     10,240       

than five hundred nor more than ten thousand dollars, conditioned  10,241       

that the person will make payment as previously ordered.           10,242       

      (b)  When a court determines at a hearing conducted under    10,244       

division (B) of this section, or a child support enforcement       10,245       

agency determines at a hearing or pursuant to an investigation     10,246       

conducted under division (B) of this section, that the obligor     10,247       

under the order in relation to which the hearing or investigation  10,248       

is conducted is unemployed and has no other source of income and   10,249       

no assets so that the application of divisions (B) and (D) of      10,250       

this section would be impracticable, the court shall issue an      10,251       

order as described in division (D)(7)(4) of this section and       10,252       

shall order the obligor to notify the child support enforcement    10,254       

agency in writing immediately upon commencement of employment,     10,255       

including self-employment, of the receipt of workers'              10,256       

compensation payments, of the receipt of any other source of       10,257       

income, or of the opening of an account in a financial             10,258       

institution, and to include in the notification a description of   10,259       

the nature of the employment OR INCOME SOURCE, the name and,       10,261       

business address, AND TELEPHONE NUMBER of the employer OR INCOME   10,262       

SOURCE, and any other information reasonably required by the       10,264       

court.                                                                          

      (2)  When a court determines, at a hearing conducted under   10,266       

division (C)(2) of this section, that an obligor is unemployed,    10,267       

is not receiving workers' compensation payments, does not have an  10,268       

account in a financial institution, and has no other source of     10,269       

income and no assets so that the application of divisions (C)(2)   10,270       

and (D) of this section would be impracticable, the court shall    10,271       

issue an order as described in division (D)(7)(4) of this section  10,273       

and shall order the obligor to notify the child support            10,274       

enforcement agency, in writing, immediately upon commencement of   10,276       

employment, including self-employment, of the receipt of workers'  10,277       

compensation payments, of the receipt of any other source of       10,278       

                                                          244    

                                                                 
income, or of the opening of an account in a financial                          

institution, and to include in the notification a description of   10,279       

the nature of the employment OR INCOME SOURCE, the name and,       10,281       

business address, AND TELEPHONE NUMBER of the employer OR INCOME   10,282       

SOURCE or the name and, address, AND TELEPHONE NUMBER of the       10,283       

financial institution, and any other information reasonably        10,284       

required by the court.                                             10,285       

      (3)(a)  Upon receipt of a notice from a child support        10,287       

enforcement agency under division (G)(6) of this section that a    10,288       

lump-sum payment of five hundred dollars or more is to be paid to  10,289       

the obligor, the court shall do either of the following:           10,290       

      (i)  If the obligor is in default under the support order    10,292       

or has any unpaid arrearages under the support order, issue an     10,293       

order requiring the transmittal of the lump-sum payment to the     10,294       

DIVISION OF child support enforcement agency.                      10,295       

      (ii)  If the obligor is not in default under the support     10,297       

order and does not have any unpaid arrearages under the support    10,298       

order, issue an order directing the person who gave the notice to  10,299       

the court to immediately pay the full amount of the lump-sum       10,300       

payment to the obligor.                                            10,301       

      (b)  Upon receipt of any moneys pursuant to division         10,303       

(H)(3)(a) of this section, a THE DIVISION OF child support         10,304       

enforcement agency shall pay the amount of the lump-sum payment    10,306       

that is necessary to discharge all of the obligor's arrearages to  10,307       

the obligee and, within two business days after its receipt of     10,308       

the money, any amount that is remaining after the payment of the   10,309       

arrearages to the obligor.                                         10,310       

      (c)  Any court that issued an order prior to December 1,     10,312       

1986, requiring an employer to withhold an amount from an          10,313       

obligor's personal earnings for the payment of support shall       10,314       

issue a supplemental order that does not change the original       10,315       

order or the related support order requiring the employer to do    10,316       

all of the following:                                              10,317       

      (i)  No later than the earlier of forty-five days before a   10,319       

                                                          245    

                                                                 
lump-sum payment is to be made or, if the obligor's right to a     10,320       

lump-sum payment is determined less than forty-five days before    10,321       

it is to be made, the date on which that determination is made,    10,322       

notify the child support enforcement agency of any lump-sum        10,323       

payment of any kind of five ONE hundred FIFTY dollars or more      10,325       

that is to be paid to the obligor;                                 10,326       

      (ii)  Hold the lump-sum payment for thirty days after the    10,328       

date on which it would otherwise be paid to the obligor, if the    10,329       

lump-sum payment is sick pay, a lump-sum payment of retirement     10,330       

benefits or contributions, or profit-sharing payments or           10,331       

distributions;                                                     10,332       

      (iii)  Upon order of the court, pay any specified amount of  10,334       

the lump-sum payment to the DIVISION OF child support enforcement  10,335       

agency.                                                            10,336       

      (d)  If an employer knowingly fails to notify the child      10,338       

support enforcement agency in accordance with division (D) of      10,339       

this section of any lump-sum payment to be made to an obligor,     10,340       

the employer is liable for any support payment not made to the     10,341       

obligee as a result of its knowing failure to give the notice as   10,342       

required by that division.                                         10,343       

      (I)(1)  Any support order, or modification of a support      10,345       

order, that is subject to this section shall contain the date of   10,346       

birth and social security number of the obligor.                   10,347       

      (2)  No withholding or deduction notice described in         10,349       

division (D) or court order described in division (D)(6)(3) or     10,350       

(7)(4) of this section shall contain any information other than    10,352       

the information specifically required by division (A), (B), (C),   10,353       

or (D) of this section or by any other section of the Revised      10,354       

Code and any additional information that the issuing court         10,355       

determines may be necessary to comply with the notice.             10,356       

      (J)  No withholding or deduction notice described in         10,358       

division (D) or court order described in division (D)(6)(3) or     10,359       

(7)(4) of this section and issued under division (A), (B), or (C)  10,361       

of this section or any other section of the Revised Code shall be  10,362       

                                                          246    

                                                                 
terminated solely because the obligor pays any part or all of the  10,364       

arrearages under the support order.                                             

      (K)(1)  Except as provided in division (K)(2) of this        10,366       

section and section 2301.42 of the Revised Code and the rules      10,367       

adopted pursuant to division (C) of that section, if child         10,368       

support arrearages are owed by an obligor to the obligee and to    10,369       

the department of human services, any payments received on the     10,370       

arrearages by the DIVISION OF child support enforcement agency     10,371       

first shall be paid to the obligee until the arrearages owed to    10,372       

the obligee are paid in full.                                      10,373       

      (2)  Division (K)(1) of this section does not apply to the   10,375       

collection of past-due child support from refunds of paid federal  10,376       

taxes pursuant to section 5101.32 of the Revised Code or of        10,377       

overdue child support from refunds of paid state income taxes      10,378       

pursuant to sections 5101.321 and 5747.121 of the Revised Code.    10,379       

      (L)(1)  Each court with jurisdiction to issue support        10,381       

orders OR ORDERS ESTABLISHING THE EXISTENCE OR NONEXISTENCE OF A   10,382       

PARENT AND CHILD RELATIONSHIP shall establish rules of court to    10,383       

ensure that the following percentage of all actions to establish   10,384       

THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP,  10,385       

TO ESTABLISH a support requirement, or to modify a previously      10,386       

issued support order be completed within the following time        10,387       

limits:                                                                         

      (a)  Ninety SEVENTY-FIVE per cent of all of the actions      10,389       

shall be completed within three SIX months after they were         10,390       

initially filed;                                                   10,391       

      (b)  Ninety-eight NINETY per cent of all of the actions      10,393       

shall be completed within six TWELVE months after they were        10,394       

initially filed;                                                   10,395       

      (c)  One hundred per cent of all of the actions shall be     10,397       

completed within twelve months after they were initially filed.    10,398       

      (2)  If a case involves complex legal issues requiring full  10,400       

judicial review, the court shall issue a temporary support order   10,401       

within the time limits set forth in division (L)(1) of this        10,402       

                                                          247    

                                                                 
section, which temporary order shall be in effect until a final    10,403       

support order is issued in the case.  All cases in which the       10,404       

imposition of a notice or order under division (D) of this         10,405       

section is contested shall be completed within the period of time  10,406       

specified by law for completion of the case.  The failure of a     10,407       

court to complete a case within the required period does not       10,408       

affect the ability of any court to issue any order under this      10,409       

section or any other section of the Revised Code for the payment   10,410       

of support, does not provide any defense to any order for the      10,411       

payment of support that is issued under this section or any other  10,412       

section of the Revised Code, and does not affect any obligation    10,413       

to pay support.                                                    10,414       

      (3)(a)  In any Title IV-D case, the judge, when necessary    10,416       

to satisfy the federal requirement of expedited process for        10,417       

obtaining and enforcing support orders, shall appoint referees     10,418       

MAGISTRATES to make findings of fact and recommendations for the   10,420       

judge's approval in the case.  All referees MAGISTRATES appointed  10,421       

pursuant to this division shall be attorneys admitted to the       10,423       

practice of law in this state.  If the court appoints a referee    10,424       

MAGISTRATE pursuant to this division, the court may appoint any    10,426       

additional administrative and support personnel for the referee    10,427       

MAGISTRATE.                                                                     

      (b)  Any referee MAGISTRATE appointed pursuant to division   10,429       

(L)(3)(a) of this section may perform any of the following         10,431       

functions:                                                                      

      (i)  The taking of testimony and keeping of a record in the  10,433       

case;                                                              10,434       

      (ii)  The evaluation of evidence and the issuance of         10,436       

recommendations to establish, modify, and enforce support orders;  10,437       

      (iii)  The acceptance of voluntary acknowledgments of        10,439       

support liability and stipulated agreements setting the amount of  10,440       

support to be paid;                                                10,441       

      (iv)  The entering of default orders if the obligor does     10,443       

not respond to notices in the case within a reasonable time after  10,444       

                                                          248    

                                                                 
the notices are issued;                                            10,445       

      (v)  Any other functions considered necessary by the court.  10,447       

      (4)  The child support enforcement agency may conduct        10,449       

administrative reviews of support orders to obtain voluntary       10,450       

notices or court orders under division (D) of this section and to  10,451       

correct any errors in the amount of any arrearages owed by an      10,452       

obligor.  The obligor and the obligee shall be notified of the     10,453       

time, date, and location of the administrative review at least     10,454       

fourteen days before it is held.                                   10,455       

      (M)(1)  The termination of a support obligation or a         10,457       

support order does not abate the power of any court to collect     10,458       

overdue and unpaid support or to punish any person for a failure   10,459       

to comply with an order of the court or to pay any support as      10,460       

ordered in the terminated support order and does not abate the     10,461       

authority of a child support enforcement agency to issue, in       10,462       

accordance with this section, any notice described in division     10,463       

(D) of this section or of a court to issue, in accordance with     10,464       

this section, any court order as described in division (D)(6)(3)   10,466       

or (7)(4) of this section, to collect any support due or           10,467       

arrearage under the support order.                                 10,469       

      (2)  Any court that has the authority to issue a support     10,471       

order shall have all powers necessary to enforce that support      10,472       

order, and all other powers, set forth in this section.            10,473       

      (3)  Except as provided in division (M)(4) of this section,  10,475       

a court may not retroactively modify an obligor's duty to pay a    10,476       

delinquent support payment.                                        10,477       

      (4)  A court with jurisdiction over a support order may      10,479       

modify an obligor's duty to pay a support payment that becomes     10,480       

due after notice of a petition to modify the support order has     10,481       

been given to each obligee and to the obligor before a final       10,482       

order concerning the petition for modification is entered.         10,483       

      (N)  If an obligor is in default under a support order and   10,485       

has a claim against another person of more than one thousand       10,486       

dollars, the obligor shall notify the child support enforcement    10,487       

                                                          249    

                                                                 
agency of the claim, the nature of the claim, and the name of the  10,488       

person against whom the claim exists.  If an obligor is in         10,489       

default under a support order and has a claim against another      10,490       

person or is a party in an action for any judgment, the child      10,491       

support enforcement agency or the agency's attorney, on behalf of  10,492       

the obligor, immediately shall file with the court in which the    10,493       

action is pending a motion to intervene in the action or a         10,494       

creditor's bill.  The motion to intervene shall be prepared and    10,495       

filed pursuant to Civil Rules 5 and 24(A) and (C).                 10,496       

      Nothing in this division shall preclude an obligee from      10,498       

filing a motion to intervene in any action or a creditor's bill.   10,499       

      (O)  If an obligor is receiving unemployment compensation    10,501       

benefits, an amount may be deducted from those benefits for        10,502       

purposes of child support, in accordance with section 2301.371     10,503       

and division (D)(4) of section 4141.28 of the Revised Code.  Any   10,504       

deduction from a source in accordance with those provisions is in  10,505       

addition to, and does not preclude, any withholding or deduction   10,506       

for purposes of support under divisions (A) to (N) of this         10,507       

section.                                                           10,508       

      (P)  As used in this section, and in sections 3113.211 to    10,510       

3113.217 of the Revised Code:                                      10,511       

      (1)  "Financial institution" means a bank, savings and loan  10,513       

association, or credit union, or a regulated investment company    10,514       

or mutual fund in which a person who is required to pay child      10,515       

support has funds on deposit that are not exempt under the law of  10,516       

this state or the United States from execution, attachment, or     10,517       

other legal process.                                               10,518       

      (2)  "Title IV-D case" means any case in which the child     10,520       

support enforcement agency is enforcing the child support order    10,521       

pursuant to Title IV-D of the "Social Security Act," 88 Stat.      10,522       

2351 (1975), 42 U.S.C. 651, as amended.                            10,523       

      (3)  "Obligor" means the person who is required to pay       10,525       

support under a support order.                                     10,526       

      (4)  "Obligee" means the person who is entitled to receive   10,528       

                                                          250    

                                                                 
the support payments under a support order.                        10,529       

      (5)  "Support order" means an order for the payment of       10,531       

support and, for orders issued or modified on or after December    10,532       

31, 1993, includes any notices described in division (D) or (H)    10,533       

of this section that are issued in accordance with this section.   10,534       

      (6)  "Support" means child support, spousal support, and     10,536       

support for a spouse or former spouse.                             10,537       

      (7)  "Personal earnings" means compensation paid or payable  10,539       

for personal services, however denominated, and includes, but is   10,540       

not limited to, wages, salary, commissions, bonuses, draws         10,541       

against commissions, profit sharing, and vacation pay.             10,542       

      (8)  "Default" has the same meaning as in section 2301.34    10,544       

of the Revised Code.                                               10,545       

      (9)  "PAYOR" MEANS ANY PERSON OR ENTITY THAT PAYS OR         10,548       

DISTRIBUTES INCOME TO AN OBLIGOR, INCLUDING THE OBLIGOR, IF THE    10,549       

OBLIGOR IS SELF EMPLOYED; AN EMPLOYER; AN EMPLOYER THAT IS PAYING  10,550       

THE OBLIGOR'S WORKERS' COMPENSATION BENEFITS; THE PUBLIC           10,551       

EMPLOYEES RETIREMENT BOARD; THE BOARD OF TRUSTEES, OR OTHER        10,552       

GOVERNING ENTITY OF A MUNICIPAL RETIREMENT SYSTEM; THE BOARD OF    10,553       

TRUSTEES OF THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND;  10,554       

THE STATE TEACHERS RETIREMENT BOARD; THE SCHOOL EMPLOYEES          10,555       

RETIREMENT BOARD; THE STATE HIGHWAY PATROL RETIREMENT BOARD; THE   10,556       

BUREAU OF WORKERS' COMPENSATION; OR ANY OTHER PERSON OR ENTITY,    10,558       

EXCEPT THE BUREAU OF EMPLOYMENT SERVICES WITH RESPECT TO           10,559       

UNEMPLOYMENT COMPENSATION BENEFITS PAID PURSUANT TO CHAPTER 4141.  10,560       

OF THE REVISED CODE.                                                            

      (Q)  AS USED IN THIS SECTION, "INCOME" MEANS ANY FORM OF     10,563       

MONETARY PAYMENT, INCLUDING PERSONAL EARNINGS; WORKERS'            10,564       

COMPENSATION PAYMENTS; UNEMPLOYMENT COMPENSATION BENEFITS TO THE   10,566       

EXTENT PERMITTED BY, AND IN ACCORDANCE WITH, SECTION 2301.371 OF   10,567       

THE REVISED CODE, DIVISION (D)(4) OF SECTION 4141.28 OF THE        10,569       

REVISED CODE, AND FEDERAL LAW GOVERNING THE BUREAU OF EMPLOYMENT   10,570       

SERVICES; PENSIONS; ANNUITIES; ALLOWANCES; PRIVATE OR              10,572       

GOVERNMENTAL RETIREMENT BENEFITS; DISABILITY OR SICK PAY;          10,573       

                                                          251    

                                                                 
INSURANCE PROCEEDS; LOTTERY PRIZE AWARDS; FEDERAL, STATE, OR       10,574       

LOCAL GOVERNMENT BENEFITS TO THE EXTENT THAT THE BENEFITS CAN BE   10,575       

WITHHELD OR DEDUCTED UNDER THE LAW GOVERNING THE BENEFITS; ANY     10,576       

FORM OF TRUST FUND OR ENDOWMENT; LUMP-SUM PAYMENTS; AND ANY OTHER  10,577       

PAYMENT IN MONEY.                                                  10,578       

      Sec. 3113.211.  (A)(1)  For purposes of this section, a      10,587       

withholding or deduction order that was issued prior to December   10,588       

31, 1993, under division (D)(1), (2), (3), (4), or (5) of section  10,589       

3113.21 of the Revised Code as the division existed prior to that  10,590       

date and that has not been terminated on or after December 31,     10,591       

1993, shall be considered to be a withholding or deduction notice  10,592       

issued under division (D)(1), OR (2), (3), (4), or (5) of section  10,594       

3113.21 of the Revised Code.                                       10,595       

      (2)  An employer A PAYOR ordered to withhold a specified     10,597       

amount from the personal earnings INCOME of an employee under a    10,598       

withholding notice issued under division (A), (B), (C), or (D)(1)  10,600       

of section 3113.21 of the Revised Code for purposes of support     10,601       

also may deduct from the personal earnings INCOME of the person,   10,602       

in addition to the amount withheld for purposes of support, a fee  10,604       

of two dollars or an amount not to exceed one per cent of the      10,605       

amount withheld for purposes of support, whichever is greater, as  10,606       

a charge for its services in complying with the withholding        10,607       

requirement included in the withholding notice.  An employer that  10,608       

is paying a person's workers' compensation benefits and that is    10,609       

required to withhold a specified amount from a person's workers'   10,610       

compensation benefits under a withholding notice issued under      10,611       

division (D)(2) of section 3113.21 of the Revised Code for         10,612       

purposes of support also may deduct from the workers'              10,613       

compensation benefits, in addition to the amount withheld for      10,614       

purposes of support, a fee of two dollars or an amount not to      10,615       

exceed one per cent of the amount withheld for purposes of         10,616       

support, whichever is greater, as a charge for its services in     10,617       

complying with the withholding requirement included in the         10,618       

withholding notice.  A financial institution required to deduct    10,619       

                                                          252    

                                                                 
funds from an account under a deduction notice issued under        10,620       

division (D)(5)(2) of section 3113.21 of the Revised Code for      10,622       

purposes of support may deduct from the account of the person, in  10,623       

addition to the amount deducted for purposes of support, a fee of  10,624       

five dollars or an amount not to exceed the lowest rate that it    10,625       

charges, if any, for a debit transaction in a similar account,     10,626       

whichever is less, as a charge for its service in complying with   10,627       

the deduction requirement included in the deduction notice.  The   10,628       

public employees retirement board, the board, board of trustees,   10,629       

or other governing entity of any municipal retirement system, the  10,630       

board of trustees of the police and firemen's disability and       10,631       

pension fund, the state teachers retirement board, the school      10,632       

employees retirement board, the state highway patrol retirement    10,633       

board, and a person paying or otherwise distributing an obligor's  10,634       

income required to withhold or deduct a specified amount from an   10,635       

obligor's pension, annuity, allowance, other benefit, or other     10,636       

source of income under a withholding or deduction notice issued    10,637       

under division (D)(3) or (4) of section 3113.21 of the Revised     10,638       

Code for purposes of support also may deduct from the obligor's    10,639       

pension, annuity, allowance, other benefit, or other source of     10,640       

income, a fee of two dollars or an amount not to exceed one per    10,641       

cent of the amount withheld or deducted, whichever is less, as a   10,642       

charge for its services in complying with the withholding or       10,643       

deduction requirement included in the withholding or deduction     10,644       

notice.                                                            10,645       

      The entire amount withheld or deducted pursuant to a         10,647       

withholding or deduction notice issued under division (D) of       10,648       

section 3113.21 of the Revised Code for purposes of support shall  10,649       

be forwarded to the DIVISION OF child support enforcement agency   10,650       

of the county in which that court is located IN THE DEPARTMENT OF  10,652       

HUMAN SERVICES immediately, but not later than ten SEVEN working   10,654       

days after, the withholding or deduction, as directed in the       10,656       

withholding or deduction notice.                                                

      (B)  If an employer, a PAYOR OR financial institution, an    10,658       

                                                          253    

                                                                 
employer that is paying an obligor's workers' compensation         10,660       

benefits, the public employees retirement board, the board, board  10,661       

of trustees, or other governing entity of any municipal            10,662       

retirement system, the board of trustees of the police and         10,663       

firemen's disability and pension fund, the state teachers          10,664       

retirement board, the school employees retirement board, the       10,665       

state highway patrol retirement board, the person paying or        10,666       

otherwise distributing an obligor's income, or the bureau of       10,667       

workers' compensation is required to withhold or deduct a          10,668       

specified amount from the personal earnings, payments, pensions,   10,669       

annuities, allowances, benefits, other sources of income, or       10,670       

savings of more than one obligor under a withholding or deduction  10,671       

notice issued under division (D) of section 3113.21 of the         10,672       

Revised Code and is required to forward the amounts withheld or    10,673       

deducted to the same DIVISION OF child support enforcement         10,675       

agency, the employer, the public employees retirement board, the   10,676       

board, board of trustees, or other governing entity of any         10,677       

municipal retirement system, the board of trustees of the police   10,678       

and firemen's disability and pension fund, the state teachers      10,679       

retirement board, the school employees retirement board, the       10,680       

state highway patrol retirement board, the person paying or                     

otherwise distributing an obligor's income, PAYOR OR the           10,681       

financial institution, the employer that is paying an obligor's    10,682       

workers' compensation benefits, or the bureau of workers'          10,683       

compensation may combine all of the amounts to be forwarded in     10,684       

one payment, provided the payment is accompanied by a list that    10,685       

clearly identifies each obligor who is covered by the payment and  10,686       

the portion of the payment that is attributable to that obligor.   10,687       

      (C)  Upon receipt of any amount forwarded from an employer,  10,689       

a PAYOR OR financial institution, an employer that is paying a     10,690       

person's workers' compensation benefits, the public employees      10,692       

retirement board, the board, board of trustees, or other           10,693       

governing entity of any municipal retirement system, the board of  10,694       

trustees of the police and firemen's disability and pension fund,  10,695       

                                                          254    

                                                                 
the state teachers retirement board, the school employees          10,696       

retirement board, the state highway patrol retirement board, the   10,697       

person paying or otherwise distributing an obligor's income, or    10,698       

the bureau of workers' compensation under this section, a clerk    10,699       

of court or THE DIVISION OF child support enforcement agency       10,700       

shall distribute the amount to the obligee within two business     10,702       

days of its receipt of the amount forwarded.  The department of    10,703       

human services may adopt, revise, or amend rules under Chapter     10,704       

119. of the Revised Code to assist the clerk of court or child     10,705       

support enforcement agency in the implementation of this           10,706       

division.                                                                       

      (D)  A PAYOR OR FINANCIAL INSTITUTION SHALL NOT BE SUBJECT   10,708       

TO CRIMINAL OR CIVIL LIABILITY FOR COMPLIANCE, IN ACCORDANCE WITH  10,709       

THIS SECTION, WITH A WITHHOLDING OR DEDUCTION NOTICE ISSUED        10,710       

PURSUANT TO DIVISION (D) OF SECTION 3113.21 OF THE REVISED CODE.   10,711       

      Sec. 3113.212.  (A)  When a court has issued a support       10,720       

order, when the court or a child support enforcement agency has    10,721       

issued one or more notices containing one or more of the           10,722       

requirements described in division (D) of section 3113.21 of the   10,723       

Revised Code or when a court has issued one or more court orders   10,724       

described in division (D)(6)(3) or (7)(4) of that section, and     10,726       

when either the child support enforcement agency receives a        10,727       

notification as described in division (D), (G), or (H) of section  10,728       

3113.21 of the Revised Code that pertains to a change in the       10,729       

employment status, status of the workers' compensation payments,   10,730       

status of the pension, annuity, allowance, benefit, or other       10,731       

source of income, or status of accounts in a financial             10,732       

institution of the obligor or the child support enforcement        10,733       

agency otherwise determines that the employment status, status of  10,734       

the workers' compensation payments, status of the pension,         10,735       

annuity, allowance, benefit, or other source of income, or status  10,736       

of accounts in a financial institution of the obligor has          10,737       

changed, the child support enforcement agency immediately shall    10,738       

conduct an investigation to determine the obligor's present        10,739       

                                                          255    

                                                                 
employment status, his employer's address, whether he has any      10,740       

other source of income or assets, and the obligor's address and    10,741       

social security number and shall issue one or more notices         10,742       

described in division (D) of section 3113.21 of the Revised Code   10,743       

that it determines are appropriate.  If the agency determines      10,744       

that no notice of the type described in division (D)(1) to (5) OR  10,746       

(2) of that section would be appropriate, the agency may request   10,747       

the court to issue a court order under division (D)(6)(3) or       10,749       

(7)(4) of that section, and, upon the request, the court may       10,750       

issue an order as described in that division.  The notices and     10,751       

court orders are final and are enforceable by the court.  The      10,752       

notices shall be mailed within fifteen days after the obligor      10,753       

under the support order is located or within fifteen days after    10,754       

the default under the support order, whichever is applicable.      10,755       

      If the court or child support enforcement agency previously  10,757       

has issued one or more notices containing one or more of the       10,758       

requirements described in division (D) of section 3113.21 of the   10,759       

Revised Code or the court previously has issued one or more court  10,760       

orders described in division (D)(6)(3) or (7)(4) of that section   10,762       

and the child support enforcement agency determines that any of    10,763       

the requirements or court orders no longer are appropriate due to  10,764       

the change, the agency immediately shall cancel any previously     10,765       

issued notice, and the court shall cancel any previously issued    10,766       

court order that no longer is appropriate, the agency shall send   10,767       

written notice of the cancellation by regular mail to the person   10,768       

who was required to comply with the withholding, deduction, or     10,769       

other requirement contained in the canceled notice or court        10,770       

order, and the agency shall issue one or more new notices          10,771       

containing one or more requirements described in division (D) of   10,772       

section 3113.21 of the Revised Code that it determines are         10,773       

appropriate.  If the agency determines that no notice of the type  10,774       

described in division (D)(1) to (5) OR (2) of that section would   10,776       

be appropriate, the agency may request the court to issue a court  10,777       

order under division (D)(6)(3) or (7)(4) of that section, and,     10,779       

                                                          256    

                                                                 
upon the request, the court may issue an order as described in     10,780       

that division.  The notices and court orders are final and are     10,781       

enforceable by the court.  The notices shall be mailed within      10,782       

fifteen days after the obligor under the support order is located  10,783       

or within fifteen days after the default under the support order,  10,784       

whichever is applicable.                                           10,785       

      (B)  When a court or child support enforcement agency has    10,787       

issued one or more notices containing one or more of the           10,788       

requirements described in division (D)(2), (3), (4), or (5) of     10,789       

section 3113.21 of the Revised Code REQUIRING WITHHOLDING BY A     10,790       

PAYOR THAT IS NOT AN EMPLOYER OR REQUIRING DEDUCTION BY A          10,791       

FINANCIAL INSTITUTION or a court has issued one or more court      10,793       

orders described in division (D)(6)(3) or (7)(4) of that section   10,795       

and the agency is informed that the obligor has commenced                       

employment, the agency shall issue a notice requiring the          10,796       

withholding of an amount from the person's personal earnings for   10,797       

support, in accordance with division (D)(1) of section 3113.21 of  10,798       

the Revised Code.  The notice is final and is enforceable by the   10,799       

court.  Additionally, if the court or agency determines that       10,800       

payments due under the support order have not been made and that   10,801       

the amount that has not been paid is at least equal to the         10,802       

support owed for one month under the support order, the court      10,803       

shall proceed to collect on any cash bond AND SHALL ORDER IT PAID  10,804       

TO THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN        10,805       

SERVICES.                                                                       

      (C)  If a child support enforcement agency sends a notice    10,807       

imposing a withholding or deduction requirement or a court sends   10,808       

a court order imposing any other appropriate requirement to a      10,809       

person under division (A) or (B) of this section, the notice or    10,810       

court order, for purposes of sections 3113.21 to 3113.219 of the   10,811       

Revised Code, also shall be considered to have been issued under   10,812       

division (D) of section 3113.21 of the Revised Code.  The notice   10,813       

or court order is final and is enforceable by the court.           10,814       

      (D)  If a child support enforcement agency sends a notice    10,816       

                                                          257    

                                                                 
imposing a withholding or deduction requirement or any other       10,817       

appropriate requirement to a person under division (A) or (B) of   10,818       

this section or under section 3113.21 of the Revised Code and if   10,819       

the employer, the PAYOR OR financial institution, the employer     10,821       

that is paying the obligor's workers' compensation benefits, the   10,822       

public employees retirement board, the board, board of trustees,   10,823       

or other governing entity of the municipal retirement system, the  10,824       

board of trustees of the police and firemen's disability and       10,825       

pension fund, the state teachers retirement board, the school      10,826       

employees retirement board, the state highway patrol retirement    10,827       

board, the person paying or otherwise distributing an obligor's    10,828       

income, or the bureau of workers' compensation that is sent the    10,829       

withholding, deduction, or other appropriate notice fails to       10,830       

comply with the notice, the child support enforcement agency       10,831       

shall request the court to issue a court order requiring the       10,832       

employer, the PAYOR OR financial institution, the employer that    10,834       

is paying the obligor's workers' compensation benefits, the        10,835       

public employees retirement board, the board, board of trustees,   10,836       

or other governing entity of the municipal retirement system, the  10,837       

board of trustees of the police and firemen's disability and       10,838       

pension fund, the state teachers retirement board, the school      10,839       

employees retirement board, the state highway patrol retirement    10,840       

board, the person paying or otherwise distributing an obligor's    10,841       

income, or the bureau of workers' compensation to comply with the  10,842       

withholding, deduction, or other appropriate notice sent by the    10,843       

agency immediately or be held in contempt of court.  If the court  10,844       

issues the requested order and if the employer, the PAYOR OR       10,845       

financial institution, the employer that is paying the obligor's   10,847       

workers' compensation benefits, the public employees retirement    10,848       

board, the board, board of trustees, or other governing entity of  10,849       

the municipal retirement system, the board of trustees of the      10,850       

police and firemen's disability and pension fund, the state        10,851       

teachers retirement board, the school employees retirement board,  10,852       

the state highway patrol retirement board, the person paying or    10,853       

                                                          258    

                                                                 
otherwise distributing an obligor's income, or the bureau of       10,854       

workers' compensation does not comply with the withholding,        10,855       

deduction, or other appropriate order of the agency that is the    10,856       

subject of the court order immediately, it is in contempt of       10,857       

court.                                                             10,858       

      Sec. 3113.213.  (A)(1)  For purposes of this section, a      10,867       

withholding or deduction order that was issued prior to December   10,868       

31, 1993, under division (D)(1), (2), (4), or (5) of section       10,869       

3113.21 of the Revised Code as the division existed prior to that  10,870       

date and that has not been terminated on or after December 31,     10,871       

1993, shall be considered to be a withholding or deduction notice  10,872       

issued under division (D)(1), OR (2), (4), or (5) of section       10,874       

3113.21 of the Revised Code.                                       10,875       

      (2)  The failure of any person to send any notification      10,877       

required by division (D) or (H) of section 3113.21 of the Revised  10,878       

Code shall be considered as contempt of court.                     10,879       

      (B)  An employer A PAYOR that fails to withhold an amount    10,881       

from an obligor's personal earnings INCOME for support in          10,883       

accordance with a withholding requirement included in a            10,885       

withholding notice issued under division (D)(1) of section         10,886       

3113.21 of the Revised Code, an employer that is paying an         10,887       

obligor's workers' compensation benefits and that fails to         10,888       

withhold the obligor's workers' compensation benefits for support  10,889       

in accordance with a withholding requirement included in a         10,890       

withholding notice issued under division (D)(2) of section         10,891       

3113.21 of the Revised Code, OR a financial institution that       10,892       

fails to deduct funds from an obligor's account for support in     10,893       

accordance with a deduction requirement included in a deduction    10,894       

notice issued under division (D)(5)(2) of section 3113.21 of the   10,895       

Revised Code, or any other person that fails to withhold or        10,897       

deduct an amount from the income of an obligor in accordance with  10,898       

a withholding or deduction requirement included in a withholding   10,899       

or deduction notice issued under division (D)(4) of section        10,900       

3113.21 of the Revised Code is liable for the amount that was not  10,901       

                                                          259    

                                                                 
withheld or deducted, provided that no PAYOR THAT IS AN employer   10,902       

whose normal pay and disbursement cycles make it impossible to     10,904       

comply with a withholding requirement contained in a withholding   10,905       

notice issued under division (D)(1) of section 3113.21 of the      10,906       

Revised Code shall be liable for the amount not withheld if the    10,907       

employer, as soon as possible after the employer's receipt of the  10,908       

withholding notice, provides the court or child support            10,909       

enforcement agency that issued the notice with written notice of   10,910       

the impossibility and the reasons for the impossibility.  An       10,911       

employer who is liable under this provision for an amount that     10,912       

was not withheld shall be ordered by the court to pay that amount  10,913       

to the clerk of the court or the DIVISION OF child support         10,914       

enforcement agency IN THE DEPARTMENT OF HUMAN SERVICES, to be      10,915       

disbursed in accordance with the support order for the benefit of  10,917       

the child or spouse.                                                            

      (C)  The court may fine an employer A PAYOR not more than    10,919       

two hundred dollars for failure to withhold personal earnings      10,920       

INCOME or to notify the court or child support enforcement agency  10,922       

that an obligor has terminated employment, has been laid off, has  10,923       

taken a leave of absence without pay, has entered into another A   10,924       

situation in which HAS OCCURRED CAUSING the employer has ceased    10,925       

PAYOR to pay personal earnings CEASE PAYING INCOME in an amount    10,927       

sufficient to comply with the order to the obligor, or, IN CASES   10,928       

IN WHICH THE OBLIGOR IS AN EMPLOYER, THE OBLIGOR is receiving or   10,929       

is eligible to receive a benefit of employment other than          10,930       

personal earnings, as required by a withholding notice issued      10,931       

under division (D)(1) of section 3113.21 of the Revised Code.      10,932       

The court may fine an employer that is paying an obligor's                      

workers' compensation benefits not more than two hundred dollars   10,933       

for failure to withhold an obligor's workers' compensation         10,934       

benefits or to notify the court or child support enforcement       10,935       

agency of any termination in the payment of the obligor's          10,936       

workers' compensation benefits, as required by a withholding       10,937       

notice issued under division (D)(2) of section 3113.21 of the      10,938       

                                                          260    

                                                                 
Revised Code.  The court may fine a person who is paying or        10,939       

otherwise distributing the income of an obligor not more than two  10,940       

hundred dollars for failure to withhold or deduct an amount from   10,941       

the income of the obligor or to notify the court or child support  10,942       

enforcement agency of the termination of that income, as required  10,943       

by a withholding or deduction notice issued under division (D)(4)  10,944       

of section 3113.21 of the Revised Code.  The court may fine a      10,945       

financial institution not more than two hundred dollars for        10,946       

failure to deduct funds from an account or to notify the court or  10,947       

child support enforcement agency of the termination of an account  10,948       

from which funds are being deducted or the opening of a new        10,949       

account, as required by a deduction notice issued under division   10,950       

(D)(5)(2) of section 3113.21 of the Revised Code.                  10,951       

      (D)  No PAYOR THAT IS AN employer may use a requirement to   10,953       

withhold personal earnings contained in a withholding notice       10,955       

issued under division (D)(1) of section 3113.21 of the Revised     10,956       

Code, as a basis for a discharge of, or for any disciplinary       10,957       

action against, an employee, or as a basis for a refusal to        10,958       

employ a person.  The court may fine an employer who so            10,959       

discharges or takes disciplinary action against an employee, or    10,960       

refuses to employ a person, not more than five hundred dollars.    10,961       

      Sec. 3113.214.  (A)  FOR THE PURPOSES OF THIS SECTION,       10,963       

"ACCESS RESTRICTION" MEANS THAT FUNDS MAY NOT BE WITHDRAWN OR      10,964       

TRANSFERRED.                                                                    

      (B)  IF, AS A RESULT OF INFORMATION OBTAINED PURSUANT TO AN  10,967       

AGREEMENT UNDER SECTION 5101.315 OF THE REVISED CODE, THE          10,969       

DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES      10,970       

FINDS OR RECEIVES NOTICE THAT IDENTIFIES AN OBLIGOR IN DEFAULT     10,971       

WHO MAINTAINS AN ACCOUNT WITH A FINANCIAL INSTITUTION, THE         10,972       

DIVISION SHALL, WITHIN ONE BUSINESS DAY, ENTER THE INFORMATION     10,973       

INTO THE CASE REGISTRY ESTABLISHED PURSUANT TO SECTION 5101.319    10,974       

OF THE REVISED CODE.                                               10,976       

      (C)  A FINANCIAL INSTITUTION THAT LEARNS, PURSUANT TO AN     10,978       

AGREEMENT UNDER SECTION 5101.315 OF THE REVISED CODE, THAT AN      10,980       

                                                          261    

                                                                 
OBLIGOR IN DEFAULT MAINTAINS AN ACCOUNT WITH THE FINANCIAL         10,981       

INSTITUTION SHALL PROMPTLY PLACE AN ACCESS RESTRICTION ON THE                   

ACCOUNT.  THE ACCESS RESTRICTION SHALL REMAIN ON THE ACCOUNT       10,982       

UNTIL THE FINANCIAL INSTITUTION COMPLIES WITH A WITHDRAWAL         10,983       

DIRECTIVE UNDER DIVISION (F) OF THIS SECTION OR A COURT OR CHILD   10,984       

SUPPORT ENFORCEMENT AGENCY ORDERS THE FINANCIAL INSTITUTION TO     10,986       

REMOVE THE ACCESS RESTRICTION.                                                  

      (D)  THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL, NO LATER    10,989       

THAN FIVE BUSINESS DAYS AFTER INFORMATION IS ENTERED INTO THE      10,990       

CASE REGISTRY PURSUANT TO DIVISION (B) OF THIS SECTION,            10,991       

INVESTIGATE AND DETERMINE THE AMOUNT OF FUNDS IN THE ACCOUNT THAT  10,993       

IS AVAILABLE TO SATISFY THE OBLIGOR'S ARREARAGES UNDER A SUPPORT                

ORDER.  THE FINANCIAL INSTITUTION SHALL COOPERATE WITH THE         10,994       

AGENCY'S INVESTIGATION.                                            10,995       

      (E)(1)  IF A CHILD SUPPORT ENFORCEMENT AGENCY THAT           10,998       

COMPLETES AN INVESTIGATION DESCRIBED IN DIVISION (D) OF THIS       10,999       

SECTION DOES NOT FIND THAT ANY PERSON OTHER THAN THE OBLIGOR HAS   11,000       

AN OWNERSHIP INTEREST IN THE ACCOUNT, IT SHALL ISSUE A WITHDRAWAL  11,001       

DIRECTIVE PURSUANT TO DIVISION (F) OF THIS SECTION.  IF THE        11,002       

AGENCY FINDS THAT A PERSON OTHER THAN AN OBLIGOR HAS AN OWNERSHIP  11,004       

INTEREST IN THE ACCOUNT, THE AGENCY SHALL SEND WRITTEN NOTICE BY   11,005       

FIRST-CLASS MAIL TO THAT PERSON AT AN ADDRESS FOR THAT PERSON      11,006       

CONTAINED IN RECORDS OF THE FINANCIAL INSTITUTION, EXCEPT THAT IF  11,007       

THE ADDRESS OF THAT PERSON IS NOT CONTAINED IN RECORDS OF THE      11,008       

FINANCIAL INSTITUTION, THE AGENCY SHALL SEND THE NOTICE TO THAT    11,009       

PERSON IN CARE OF ANOTHER PERSON WHOSE ADDRESS IS CONTAINED IN     11,010       

RECORDS OF THE FINANCIAL INSTITUTION CONCERNING THE ACCOUNT.       11,011       

      (2)  THE NOTICE SHALL CONTAIN BOTH OF THE FOLLOWING:         11,013       

      (a)  A STATEMENT OF THE DATE THE NOTICE IS SENT, THAT        11,016       

ANOTHER OF THE ACCOUNT HOLDERS IS AN OBLIGOR UNDER A SUPPORT                    

ORDER, THE NAME OF THE OBLIGOR, THAT THE SUPPORT ORDER IS IN       11,017       

DEFAULT, THE AMOUNT OF THE ARREARAGE OWED BY THE OBLIGOR AS        11,018       

DETERMINED BY THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY, THE   11,019       

AMOUNT THAT WILL BE WITHDRAWN, THE TYPE OF ACCOUNT FROM WHICH THE  11,021       

                                                          262    

                                                                 
AMOUNT WILL BE WITHDRAWN, AND THE NAME OF THE FINANCIAL                         

INSTITUTION FROM WHICH THE AMOUNT WILL BE WITHDRAWN;               11,022       

      (b)  A STATEMENT THAT THE PERSON MAY OBJECT TO THE           11,025       

WITHDRAWAL BY FILING WITH THE AGENCY, NO LATER THAN TEN DAYS       11,026       

AFTER THE DATE ON WHICH THE NOTICE IS SENT, A WRITTEN REQUEST FOR  11,028       

AN ADMINISTRATIVE HEARING TO DETERMINE WHETHER ANY AMOUNT                       

CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON TO WHOM     11,029       

THE NOTICE IS SENT AND SHOULD NOT BE SUBJECT TO THE WITHDRAWAL     11,030       

DIRECTIVE.                                                         11,031       

      (3)  THE PERSON TO WHOM THE NOTICE IS SENT SHALL HAVE TEN    11,033       

DAYS FROM THE DATE THE NOTICE IS SENT TO OBJECT TO THE WITHDRAWAL  11,034       

BY FILING WITH THE AGENCY A WRITTEN REQUEST FOR AN ADMINISTRATIVE  11,036       

HEARING TO DETERMINE WHETHER ANY AMOUNT CONTAINED IN THE ACCOUNT   11,037       

IS THE PROPERTY OF THAT PERSON AND SHOULD NOT BE SUBJECT TO THE    11,038       

WITHDRAWAL DIRECTIVE.                                                           

      (a)  IF THE PERSON REQUESTS IT, THE AGENCY SHALL CONDUCT AN  11,040       

ADMINISTRATIVE HEARING NO LATER THAN TEN DAYS AFTER THE DATE THE   11,042       

PERSON FILES THE REQUEST FOR THE HEARING.  NO LATER THAN FIVE      11,043       

DAYS BEFORE THE DATE THE HEARING IS TO BE CONDUCTED, THE AGENCY    11,044       

SHALL SEND THE PERSON WRITTEN NOTICE OF THE DATE, TIME, PLACE,     11,045       

AND PURPOSE OF THE HEARING.                                        11,046       

      AT THE HEARING, THE AGENCY SHALL DETERMINE WHETHER ANY       11,048       

AMOUNT CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON WHO  11,050       

FILED THE OBJECTION.  THE PERSON MAY PRESENT TESTIMONY AND                      

EVIDENCE AT THE HEARING ONLY IN REGARD TO THE ISSUE OF WHETHER     11,051       

HOW MUCH, IF ANY, OF THE AMOUNT CONTAINED IN THE ACCOUNT IS THE    11,052       

PROPERTY OF THE PERSON AND SHOULD NOT BE SUBJECT TO WITHDRAWAL     11,053       

DIRECTIVE.  IF THE AGENCY DETERMINES THAT ANY AMOUNT CONTAINED IN  11,054       

THE ACCOUNT IS THE PROPERTY OF THE PERSON, THE AGENCY SHALL        11,056       

DETERMINE THAT AMOUNT.  THE AGENCY SHALL SEND NOTICE OF ITS                     

DETERMINATION TO THE PERSON.                                       11,057       

      IF THE AGENCY DETERMINES THAT THE TOTAL AMOUNT IN THE        11,059       

ACCOUNT IS THE PROPERTY OF THE PERSON, IT SHALL ORDER THE          11,060       

FINANCIAL INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON THE     11,061       

                                                          263    

                                                                 
ACCOUNT AND SHALL TAKE NO FURTHER ENFORCEMENT ACTION ON THE        11,062       

ACCOUNT.  IF THE AGENCY DETERMINES THAT SOME OF THE FUNDS IN THE   11,063       

ACCOUNT ARE THE PROPERTY OF THE PERSON, IT SHALL ORDER THE         11,065       

FINANCIAL INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON THE     11,066       

ACCOUNT IN THAT AMOUNT AND SHALL TAKE NO FURTHER ENFORCEMENT       11,067       

ACTION ON THOSE FUNDS.  THE AGENCY SHALL ISSUE A WITHDRAWAL        11,068       

DIRECTIVE PURSUANT TO DIVISION (F) OF THIS SECTION FOR THE         11,070       

REMAINING FUNDS UNLESS, NO LATER THAN TEN DAYS AFTER THE AGENCY    11,071       

MAKES ITS DETERMINATION, THE PERSON FILES A WRITTEN MOTION WITH                 

THE COURT OF COMMON PLEAS OF THE COUNTY SERVED BY THE CHILD        11,072       

SUPPORT ENFORCEMENT AGENCY FOR A HEARING TO DETERMINE WHETHER ANY  11,073       

AMOUNT CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON.     11,074       

IF THE PERSON FILES A TIMELY MOTION WITH THE COURT, THE COURT      11,076       

SHALL HOLD A HEARING ON THE REQUEST NO LATER THAN TEN DAYS AFTER   11,077       

THE REQUEST IS FILED.  NO LATER THAN FIVE DAYS BEFORE THE DATE ON  11,078       

WHICH THE HEARING IS TO BE HELD, THE COURT SHALL SEND THE PERSON   11,079       

WRITTEN NOTICE BY ORDINARY MAIL OF THE DATE, TIME, PLACE, AND      11,080       

PURPOSE OF THE HEARING.  THE HEARING SHALL BE LIMITED TO A         11,081       

DETERMINATION OF HOW MUCH, IF ANY OF THE AMOUNT CONTAINED IN THE   11,082       

ACCOUNT IS THE PROPERTY OF THE PERSON.                             11,083       

      IF THE COURT DETERMINES THAT ALL OF THE FUNDS IN THE         11,085       

ACCOUNT ARE THE PROPERTY OF THE PERSON, IT SHALL ORDER THE         11,086       

FINANCIAL INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON THE     11,087       

ACCOUNT AND TO TAKE NO FURTHER ENFORCEMENT ACTION ON THE ACCOUNT.  11,089       

IF THE COURT DETERMINES THAT SOME OF THE FUNDS IN THE ACCOUNT ARE  11,090       

THE PROPERTY OF THE PERSON, IT SHALL DETERMINE THAT AMOUNT, ORDER  11,091       

THE FINANCIAL INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON     11,092       

THE ACCOUNT IN THAT AMOUNT, AND ORDER THE AGENCY TO TAKE NO        11,093       

FURTHER ENFORCEMENT ACTION ON THOSE FUNDS.  IF THE COURT           11,094       

DETERMINES THAT ANY OF THE FUNDS IN THE ACCOUNT ARE NOT THE        11,095       

PROPERTY OF THE PERSON, IT SHALL ISSUE A WITHDRAWAL DIRECTIVE      11,096       

PURSUANT TO DIVISION (F) OF THIS SECTION.                          11,097       

      (b)  IF A PERSON TO WHOM A NOTICE IS SENT UNDER DIVISION     11,100       

(E)(1) OF THIS SECTION FAILS TO FILE A TIMELY REQUEST FOR AN       11,101       

                                                          264    

                                                                 
ADMINISTRATIVE HEARING, THE AGENCY SHALL SEND A WITHDRAWAL         11,102       

DIRECTIVE TO THE FINANCIAL INSTITUTION PURSUANT TO DIVISION (F)    11,104       

OF THIS SECTION.                                                                

      (F)(1)  SUBJECT TO DIVISION (D) AND (E) OF THIS SECTION, AN  11,108       

AGENCY THAT DETERMINES THAT AN OBLIGOR HAS FUNDS IN AN ACCOUNT IN               

A FINANCIAL INSTITUTION, SHALL ISSUE A WITHDRAWAL DIRECTIVE TO     11,109       

THE FINANCIAL INSTITUTION.  THE DIRECTIVE SHALL REQUIRE THE        11,110       

FINANCIAL INSTITUTION TO TRANSMIT FUNDS FROM THE ACCOUNT TO THE    11,111       

DIVISION OF CHILD SUPPORT.                                         11,112       

      (2)  THE WITHDRAWAL DIRECTIVE SHALL CONTAIN THE FOLLOWING    11,114       

INFORMATION:                                                       11,115       

      (a)  THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR        11,118       

TAXPAYER IDENTIFICATION NUMBER OF THE OBLIGOR;                                  

      (b)  A STATEMENT THAT THE OBLIGOR HAS BEEN DETERMINED TO BE  11,121       

IN DEFAULT UNDER A SUPPORT ORDER;                                               

      (c)  THE AMOUNT OF THE ARREARAGE OWED BY THE OBLIGOR AS      11,124       

DETERMINED BY THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY;       11,125       

      (d)  THE AMOUNT OF FUNDS THAT ARE TO BE WITHDRAWN FROM THE   11,128       

ACCOUNT AND THE TYPE OF ACCOUNT FROM WHICH THE FUNDS ARE TO BE     11,129       

WITHDRAWN.                                                                      

      (3)  ON RECEIPT OF A WITHDRAWAL DIRECTIVE, A FINANCIAL       11,131       

INSTITUTION SHALL WITHDRAW THE AMOUNT SPECIFIED FROM THE ACCOUNT   11,133       

DESCRIBED IN THE NOTICE AND PAY IT TO THE DIVISION OF CHILD        11,134       

SUPPORT.                                                                        

      (G)  A FINANCIAL INSTITUTION IS NOT SUBJECT TO CRIMINAL OR   11,137       

CIVIL LIABILITY FOR IMPOSING AN ACCESS RESTRICTION ON AN ACCOUNT   11,138       

OR COMPLYING WITH A WITHDRAWAL DIRECTIVE PURSUANT TO THIS SECTION  11,139       

OR FOR ANY OTHER ACTION TAKEN IN GOOD FAITH PURSUANT TO THIS       11,140       

SECTION.                                                                        

      Sec. 3113.215.  (A)  As used in this section:                11,149       

      (1)  "Income" means either of the following:                 11,151       

      (a)  For a parent who is employed to full capacity, the      11,153       

gross income of the parent;                                        11,154       

      (b)  For a parent who is unemployed or underemployed, the    11,156       

                                                          265    

                                                                 
sum of the gross income of the parent, and any potential income    11,157       

of the parent.                                                     11,158       

      (2)  "Gross income" means, except as excluded in this        11,160       

division, the total of all earned and unearned income from all     11,161       

sources during a calendar year, whether or not the income is       11,162       

taxable, and includes, but is not limited to, income from          11,163       

salaries, wages, overtime pay and bonuses to the extent described  11,164       

in division (B)(5)(d) of this section, commissions, royalties,     11,165       

tips, rents, dividends, severance pay, pensions, interest, trust   11,166       

income, annuities, social security benefits, workers'              11,167       

compensation benefits, unemployment insurance benefits,            11,168       

disability insurance benefits, benefits received by and in the     11,169       

possession of the veteran who is the beneficiary for any           11,170       

service-connected disability under a program or law administered   11,171       

by the United States department of veterans' affairs or veterans'  11,172       

administration, spousal support actually received from a person    11,173       

not a party to the support proceeding for which actual gross       11,174       

income is being determined, and all other sources of income;       11,175       

income of members of any branch of the United States armed         11,176       

services or national guard, including, but not limited to,                      

amounts representing base pay, basic allowance for quarters,       11,177       

basic allowance for subsistence, supplemental subsistence          11,178       

allowance, cost of living adjustment, specialty pay, variable      11,179       

housing allowance, and pay for training or other types of          11,180       

required drills; self-generated income; and potential cash flow    11,181       

from any source.                                                   11,182       

      "Gross income" does not include any of the following:        11,184       

      (a)  Benefits received from means-tested public assistance   11,187       

programs, including, but not limited to, Ohio works first;         11,189       

prevention, retention, and contingency; supplemental security      11,190       

income; food stamps; or disability assistance;                     11,191       

      (b)  Benefits for any service-connected disability under a   11,194       

program or law administered by the United States department of     11,195       

veterans' affairs or veterans' administration that have not been   11,196       

                                                          266    

                                                                 
distributed to the veteran who is the beneficiary of the benefits  11,197       

and that are in the possession of the United States department of  11,198       

veterans' affairs or veterans' administration;                                  

      (c)  Child support received for children who were not born   11,201       

or adopted during the marriage at issue;                           11,202       

      (d)  Amounts paid for mandatory deductions from wages other  11,205       

than taxes, social security, or retirement in lieu of social       11,206       

security, including, but not limited to, union dues;               11,207       

      (e)  Nonrecurring or unsustainable income or cash flow       11,210       

items.                                                                          

      (3)  "Self-generated income" means gross receipts received   11,212       

by a parent from self-employment, proprietorship of a business,    11,213       

joint ownership of a partnership or closely held corporation, and  11,214       

rents minus ordinary and necessary expenses incurred by the        11,215       

parent in generating the gross receipts.  "Self-generated income"  11,216       

includes expense reimbursements or in-kind payments received by a  11,217       

parent from self-employment, the operation of a business, or       11,218       

rents, including, but not limited to, company cars, free housing,  11,219       

reimbursed meals, and other benefits, if the reimbursements are    11,220       

significant and reduce personal living expenses.                   11,221       

      (4)(a)  "Ordinary and necessary expenses incurred in         11,223       

generating gross receipts" means actual cash items expended by     11,224       

the parent or the parent's business and includes depreciation      11,226       

expenses of replacement business equipment as shown on the books   11,227       

of a business entity.                                              11,228       

      (b)  Except as specifically included in "ordinary and        11,230       

necessary expenses incurred in generating gross receipts" by       11,231       

division (A)(4)(a) of this section, "ordinary and necessary        11,232       

expenses incurred in generating gross receipts" does not include   11,233       

depreciation expenses and other noncash items that are allowed as  11,234       

deductions on any federal tax return of the parent or the          11,235       

parent's business.                                                 11,236       

      (5)  "Potential income" means both of the following for a    11,238       

parent that the court, or a child support enforcement agency       11,239       

                                                          267    

                                                                 
pursuant to sections 3111.20, 3111.21 3111.211, and 3111.22 of     11,240       

the Revised Code, determines is voluntarily unemployed or          11,242       

voluntarily underemployed:                                         11,243       

      (a)  Imputed income that the court or agency determines the  11,245       

parent would have earned if fully employed as determined from the  11,246       

parent's employment potential and probable earnings based on the   11,247       

parent's recent work history, the parent's occupational            11,248       

qualifications, and the prevailing job opportunities and salary    11,249       

levels in the community in which the parent resides;               11,250       

      (b)  Imputed income from any nonincome-producing assets of   11,252       

a parent, as determined from the local passbook savings rate or    11,253       

another appropriate rate as determined by the court or agency,     11,254       

not to exceed the rate of interest specified in division (A) of    11,255       

section 1343.03 of the Revised Code, if the income is              11,256       

significant.                                                       11,257       

      (6)  "Child support order" means an order for the payment    11,259       

of child support.                                                  11,260       

      (7)  "Combined gross income" means the combined gross        11,262       

income of both parents.                                            11,263       

      (8)  "Split parental rights and responsibilities" means a    11,265       

situation in which there is more than one child who is the         11,266       

subject of an allocation of parental rights and responsibilities   11,267       

and each parent is the residential parent and legal custodian of   11,268       

at least one of those children.                                    11,269       

      (9)  "Schedule" means the basic child support schedule set   11,271       

forth in division (D) of this section.                             11,272       

      (10)  "Worksheet" means the applicable worksheet that is     11,274       

used to calculate a parent's child support obligation and that is  11,275       

set forth in divisions (E) and (F) of this section.                11,276       

      (11)  "Nonrecurring or unsustainable income or cash flow     11,278       

item" means any income or cash flow item that the parent receives  11,279       

in any year or for any number of years not to exceed three years   11,280       

and that the parent does not expect to continue to receive on a    11,281       

regular basis.  "Nonrecurring or unsustainable income or cash      11,282       

                                                          268    

                                                                 
flow item" does not include a lottery prize award that is not      11,283       

paid in a lump sum or any other item of income or cash flow that   11,284       

the parent receives or expects to receive for each year for a      11,285       

period of more than three years or that the parent receives and    11,286       

invests or otherwise utilizes to produce income or cash flow for   11,287       

a period of more than three years.                                 11,288       

      (12)  "Extraordinary medical expenses" means any uninsured   11,290       

medical expenses that are incurred for a child during a calendar   11,291       

year and that exceed one hundred dollars for that child during     11,292       

that calendar year.                                                11,293       

      (B)(1)  In any action in which a child support order is      11,295       

issued or modified under Chapter 3115. or section 2151.23,         11,296       

2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,   11,297       

3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31  11,299       

of the Revised Code, in any other proceeding in which the court    11,300       

determines the amount of child support that will be ordered to be  11,301       

paid pursuant to a child support order, or when a child support    11,302       

enforcement agency determines the amount of child support that     11,303       

will be paid pursuant to an administrative child support order     11,304       

issued pursuant to sections 3111.20, 3111.21 3111.211, and         11,305       

3111.22 of the Revised Code, the court or agency shall calculate   11,307       

the amount of the obligor's child support obligation in            11,308       

accordance with the basic child support schedule in division (D)   11,309       

of this section, the applicable worksheet in division (E) or (F)   11,310       

of this section, and the other provisions of this section, shall   11,311       

specify the support obligation as a monthly amount due, and shall  11,312       

order the support obligation to be paid in periodic increments as  11,313       

it determines to be in the best interest of the children.  In      11,314       

performing its duties under this section, the court or agency is   11,315       

not required to accept any calculations in a worksheet prepared    11,316       

by any party to the action or proceeding.  In any action or        11,317       

proceeding in which the court determines the amount of child       11,318       

support that will be ordered to be paid pursuant to a child        11,319       

support order or when a child support enforcement agency           11,320       

                                                          269    

                                                                 
determines the amount of child support that will be paid pursuant  11,321       

to an administrative child support order issued pursuant to        11,322       

sections 3111.20, 3111.21 3111.211, and 3111.22 of the Revised     11,323       

Code, the amount of child support that would be payable under a                 

child support order, as calculated pursuant to the basic child     11,325       

support schedule in division (D) of this section and pursuant to   11,326       

the applicable worksheet in division (E) of this section, through  11,327       

line 24, or in division (F) of this section, through line 23, is   11,328       

rebuttably presumed to be the correct amount of child support      11,329       

due, and the court or agency shall order that amount to be paid    11,330       

as child support unless both of the following apply with respect   11,331       

to an order issued by a court:                                     11,332       

      (a)  The court, after considering the factors and criteria   11,334       

set forth in division (B)(3) of this section, determines that the  11,335       

amount calculated pursuant to the basic child support schedule     11,336       

and pursuant to the applicable worksheet in division (E) of this   11,337       

section, through line 24, or in division (F) of this section,      11,338       

through line 23, would be unjust or inappropriate and would not    11,339       

be in the best interest of the child.                              11,340       

      (b)  The court enters in the journal the amount of child     11,342       

support calculated pursuant to the basic child support schedule    11,343       

and pursuant to the applicable worksheet in division (E) of this   11,344       

section, through line 24, or in division (F) of this section,      11,345       

through line 23, its determination that that amount would be       11,346       

unjust or inappropriate and would not be in the best interest of   11,347       

the child, and findings of fact supporting that determination.     11,348       

      (2)  In determining the amount of child support to be paid   11,350       

under any child support order, the court, upon its own             11,351       

recommendation or upon the recommendation of the child support     11,352       

enforcement agency, shall or the child support enforcement         11,353       

agency, pursuant to sections 3111.20, 3111.21 3111.211, and        11,354       

3111.22 of the Revised Code, shall do all of the following:        11,356       

      (a)  If the combined gross income of both parents is less    11,358       

than six thousand six hundred dollars per year, the court or       11,359       

                                                          270    

                                                                 
agency shall determine the amount of the obligor's child support   11,360       

obligation on a case-by-case basis using the schedule as a         11,361       

guideline.  The court or agency shall review the obligor's gross   11,362       

income and living expenses to determine the maximum amount of      11,363       

child support that it reasonably can order without denying the     11,364       

obligor the means for self-support at a minimum subsistence level  11,365       

and shall order a specific amount of child support, unless the     11,366       

obligor proves to the court or agency that the obligor is totally  11,367       

unable to pay child support and the court or agency determines     11,368       

that it would be unjust or inappropriate to order the payment of   11,369       

child support and enters its determination and supporting          11,370       

findings of fact in the journal.                                   11,371       

      (b)  If the combined gross income of both parents is         11,373       

greater than one hundred fifty thousand dollars per year, the      11,374       

court or agency shall determine the amount of the obligor's child  11,375       

support obligation on a case-by-case basis and shall consider the  11,376       

needs and the standard of living of the children who are the       11,377       

subject of the child support order and of the parents.  When the   11,378       

court or agency determines the amount of the obligor's child       11,379       

support obligation for parents with a combined gross income        11,380       

greater than one hundred fifty thousand dollars, the court or      11,381       

agency shall compute a basic combined child support obligation     11,382       

that is no less than the same percentage of the parents' combined  11,383       

annual income that would have been computed under the basic child  11,384       

support schedule and under the applicable worksheet in division    11,385       

(E) of this section, through line 24, or in division (F) of this   11,386       

section, through line 23, for a combined gross income of one       11,387       

hundred fifty thousand dollars, unless the court or agency         11,388       

determines that it would be unjust or inappropriate and would not  11,389       

be in the best interest of the child, obligor, or obligee to       11,390       

order that amount and enters in the journal the figure,            11,391       

determination, and findings.                                       11,392       

      (c)  The court shall not order an amount of child support    11,394       

that deviates from the amount of child support that would          11,395       

                                                          271    

                                                                 
otherwise result from the use of the basic child support schedule  11,396       

and the applicable worksheet in division (E) of this section,      11,397       

through line 24, or in division (F) of this section, through line  11,398       

23, unless both of the following apply:                            11,399       

      (i)  The court, after considering the factors and criteria   11,401       

set forth in division (B)(3) of this section, determines that the  11,402       

amount calculated pursuant to the basic child support schedule     11,403       

and pursuant to the applicable worksheet in division (E) of this   11,404       

section, through line 24, or in division (F) of this section,      11,405       

through line 23, would be unjust or inappropriate and would not    11,406       

be in the best interest of the child;                              11,407       

      (ii)  The court enters in the journal the amount of child    11,409       

support calculated pursuant to the basic child support schedule    11,410       

and pursuant to the applicable worksheet in division (E) of this   11,411       

section, through line 24, or in division (F) of this section,      11,412       

through line 23, its determination that that amount would be       11,413       

unjust or inappropriate and would not be in the best interest of   11,414       

the child, and findings of fact supporting that determination.     11,415       

      (3)  The court, in accordance with divisions (B)(1) and      11,417       

(2)(c) of this section, may deviate from the amount of support     11,418       

that otherwise would result from the use of the schedule and the   11,419       

applicable worksheet in division (E) of this section, through      11,420       

line 24, or in division (F) of this section, through line 23, in   11,421       

cases in which the application of the schedule and the applicable  11,422       

worksheet in division (E) of this section, through line 24, or in  11,423       

division (F) of this section, through line 23, would be unjust or  11,424       

inappropriate and would not be in the best interest of the child.  11,425       

In determining whether that amount would be unjust or              11,426       

inappropriate and would not be in the best interest of the child,  11,427       

the court may consider any of the following factors and criteria:  11,428       

      (a)  Special and unusual needs of the children;              11,430       

      (b)  Extraordinary obligations for minor children or         11,432       

obligations for handicapped children who are not stepchildren and  11,433       

who are not offspring from the marriage or relationship that is    11,434       

                                                          272    

                                                                 
the basis of the immediate child support determination;            11,435       

      (c)  Other court-ordered payments;                           11,437       

      (d)  Extended times of visitation or extraordinary costs     11,439       

associated with visitation, provided that this division does not   11,440       

authorize and shall not be construed as authorizing any deviation  11,441       

from the schedule and the applicable worksheet in division (E) of  11,442       

this section, through line 24, or in division (F) of this          11,443       

section, through line 23, or any escrowing, impoundment, or        11,444       

withholding of child support because of a denial of or             11,445       

interference with a right of companionship or visitation granted   11,446       

by court order;                                                    11,447       

      (e)  The obligor obtains additional employment after a       11,449       

child support order is issued in order to support a second         11,450       

family;                                                            11,451       

      (f)  The financial resources and the earning ability of the  11,453       

child;                                                             11,454       

      (g)  Disparity in income between parties or households;      11,456       

      (h)  Benefits that either parent receives from remarriage    11,458       

or sharing living expenses with another person;                    11,459       

      (i)  The amount of federal, state, and local taxes actually  11,461       

paid or estimated to be paid by a parent or both of the parents;   11,462       

      (j)  Significant in-kind contributions from a parent,        11,464       

including, but not limited to, direct payment for lessons, sports  11,465       

equipment, schooling, or clothing;                                 11,466       

      (k)  The relative financial resources, other assets and      11,468       

resources, and needs of each parent;                               11,469       

      (l)  The standard of living and circumstances of each        11,471       

parent and the standard of living the child would have enjoyed     11,472       

had the marriage continued or had the parents been married;        11,473       

      (m)  The physical and emotional condition and needs of the   11,475       

child;                                                             11,476       

      (n)  The need and capacity of the child for an education     11,478       

and the educational opportunities that would have been available   11,479       

to the child had the circumstances requiring a court order for     11,480       

                                                          273    

                                                                 
support not arisen;                                                11,481       

      (o)  The responsibility of each parent for the support of    11,483       

others;                                                            11,484       

      (p)  Any other relevant factor.                              11,486       

      The court may accept an agreement of the parents that        11,488       

assigns a monetary value to any of the factors and criteria        11,489       

listed in division (B)(3) of this section that are applicable to   11,490       

their situation.                                                   11,491       

      (4)  If an obligor or obligee under a child support order    11,493       

requests the court to modify the amount of support required to be  11,494       

paid pursuant to the child support order, the court shall          11,495       

recalculate the amount of support that would be required to be     11,496       

paid under the support order in accordance with the schedule and   11,497       

pursuant to the applicable worksheet in division (E) of this       11,498       

section, through line 24, or in division (F) of this section,      11,499       

through line 23, and if that amount as recalculated is more than   11,500       

ten per cent greater than or more than ten per cent less than the  11,501       

amount of child support that is required to be paid pursuant to    11,502       

the existing child support order, the deviation from the           11,503       

recalculated amount that would be required to be paid under the    11,504       

schedule and the applicable worksheet in division (E) of this      11,505       

section, through line 24, or in division (F) of this section,      11,506       

through line 23, shall be considered by the court as a change of   11,507       

circumstance that is substantial enough to require a modification  11,508       

of the amount of the child support order.  In determining          11,509       

pursuant to this division the recalculated amount of support that  11,510       

would be required to be paid under the support order for purposes  11,511       

of determining whether that recalculated amount is more than ten   11,512       

per cent greater than or more than ten per cent less than the      11,513       

amount of child support that is required to be paid pursuant to    11,514       

the existing child support order, the court shall consider, in     11,515       

addition to all other factors required by law to be considered,    11,516       

the cost of health insurance which the obligor, the obligee, or    11,517       

both the obligor and the obligee have been ordered to obtain for   11,518       

                                                          274    

                                                                 
the children specified in the order.  Additionally, if an obligor  11,519       

or obligee under a child support order requests the court to       11,520       

modify the amount of support required to be paid pursuant to the   11,521       

child support order and if the court determines that the amount    11,522       

of support does not adequately meet the medical needs of the       11,523       

child, the inadequate coverage shall be considered by the court    11,524       

as a change of circumstance that is substantial enough to require  11,525       

a modification of the amount of the child support order.   If the  11,526       

court determines that the amount of child support required to be   11,527       

paid under the child support order should be changed due to a      11,528       

substantial change of circumstances that was not contemplated at   11,529       

the time of the issuance of the original child support order or    11,530       

the last modification of the child support order, the court shall  11,531       

modify the amount of child support required to be paid under the   11,532       

child support order to comply with the schedule and the            11,533       

applicable worksheet in division (E) of this section, through      11,534       

line 24, or in division (F) of this section, through line 23,      11,535       

unless the court determines that the amount calculated pursuant    11,536       

to the basic child support schedule and pursuant to the            11,537       

applicable worksheet in division (E) of this section, through      11,538       

line 24, or in division (F) of this section, through line 23,      11,539       

would be unjust or inappropriate and would not be in the best      11,540       

interest of the child and enters in the journal the figure,        11,541       

determination, and findings specified in division (B)(2)(c) of     11,542       

this section.                                                      11,543       

      (5)  When a court computes the amount of child support       11,545       

required to be paid under a child support order or a child         11,546       

support enforcement agency computes the amount of child support    11,547       

to be paid pursuant to an administrative child support order       11,548       

issued pursuant to section 3111.20, 3111.21 3111.211, or 3111.22   11,550       

of the Revised Code, all of the following apply:                   11,551       

      (a)  The parents shall verify current and past income and    11,553       

personal earnings with suitable documents, including, but not      11,554       

limited to, paystubs, employer statements, receipts and expense    11,555       

                                                          275    

                                                                 
vouchers related to self-generated income, tax returns, and all    11,556       

supporting documentation and schedules for the tax returns.        11,557       

      (b)  The amount of any pre-existing child support            11,559       

obligation of a parent under a child support order and the amount  11,560       

of any court-ordered spousal support paid to a former spouse       11,561       

shall be deducted from the gross income of that parent to the      11,562       

extent that payment under the child support order or that payment  11,563       

of the court-ordered spousal support is verified by supporting     11,564       

documentation.                                                     11,565       

      (c)  If other minor children who were born to the parent     11,568       

and a person other than the other parent who is involved in the    11,570       

immediate child support determination live with the parent, the    11,571       

court or agency shall deduct an amount from that parent's gross    11,572       

income that equals the number of such minor children times the     11,573       

federal income tax exemption for such children less child support  11,574       

received for them for the year, not exceeding the federal income   11,575       

tax exemption.                                                     11,576       

      (d)  When the court or agency calculates the gross income    11,578       

of a parent, it shall include the lesser of the following as       11,579       

income from overtime and bonuses:                                  11,580       

      (i)  The yearly average of all overtime and bonuses          11,582       

received during the three years immediately prior to the time      11,583       

when the person's child support obligation is being computed;      11,584       

      (ii)  The total overtime and bonuses received during the     11,586       

year immediately prior to the time when the person's child         11,587       

support obligation is being computed.                              11,588       

      (e)  When the court or agency calculates the gross income    11,590       

of a parent, it shall not include any income earned by the spouse  11,591       

of that parent.                                                    11,592       

      (f)  The court shall not order an amount of child support    11,595       

for reasonable and ordinary uninsured medical or dental expenses   11,596       

in addition to the amount of the child support obligation          11,597       

determined in accordance with the schedule.  The court shall       11,598       

issue a separate order for extraordinary medical or dental         11,599       

                                                          276    

                                                                 
expenses, including, but not limited to, orthodontia,                           

psychological, appropriate private education, and other expenses,  11,600       

and may consider the expenses in adjusting a child support order.  11,601       

      (g)  When a court or agency calculates the amount of child   11,603       

support to be paid pursuant to a child support order or an         11,604       

administrative child support order, if the combined gross income   11,605       

of both parents is an amount that is between two amounts set       11,606       

forth in the first column of the schedule, the court or agency     11,607       

may use the basic child support obligation that corresponds to     11,608       

the higher of the two amounts in the first column of the           11,609       

schedule, use the basic child support obligation that corresponds  11,610       

to the lower of the two amounts in the first column of the         11,611       

schedule, or calculate a basic child support obligation that is    11,612       

between those two amounts and corresponds proportionally to the    11,613       

parents' actual combined gross income.                             11,614       

      (h)  When the court or agency calculates gross income, the   11,616       

court or agency, when appropriate, may average income over a       11,617       

reasonable period of years.                                        11,618       

      (6)(a)  If the court issues a shared parenting order in      11,620       

accordance with section 3109.04 of the Revised Code, the court     11,621       

shall order an amount of child support to be paid under the child  11,622       

support order that is calculated in accordance with the schedule   11,623       

and with the worksheet set forth in division (E) of this section,  11,624       

through line 24, except that, if the application of the schedule   11,625       

and the worksheet, through line 24, would be unjust or             11,626       

inappropriate to the children or either parent and would not be    11,627       

in the best interest of the child because of the extraordinary     11,628       

circumstances of the parents or because of any other factors or    11,629       

criteria set forth in division (B)(3) of this section, the court   11,630       

may deviate from the amount of child support that would be         11,631       

ordered in accordance with the schedule and worksheet, through     11,632       

line 24, shall consider those extraordinary circumstances and      11,633       

other factors or criteria if it deviates from that amount, and     11,634       

shall enter in the journal the amount of child support calculated  11,635       

                                                          277    

                                                                 
pursuant to the basic child support schedule and pursuant to the   11,636       

applicable worksheet, through line 24, its determination that      11,637       

that amount would be unjust or inappropriate and would not be in   11,638       

the best interest of the child, and findings of fact supporting    11,639       

that determination.                                                11,640       

      (b)  For the purposes of this division, "extraordinary       11,642       

circumstances of the parents" includes, but is not limited to,     11,643       

all of the following:                                              11,644       

      (i)  The amount of time that the children spend with each    11,646       

parent;                                                            11,647       

      (ii)  The ability of each parent to maintain adequate        11,649       

housing for the children;                                          11,650       

      (iii)  Each parent's expenses, including, but not limited    11,652       

to, child care expenses, school tuition, medical expenses, and     11,653       

dental expenses.                                                   11,654       

      (7)(a)  In any action in which a child support order is      11,656       

issued or modified under Chapter 3115. or section 2151.23,         11,657       

2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,   11,658       

3109.05, 3109.19, 3111.13, 3113.04, or 3113.31 of the Revised      11,661       

Code or in any other proceeding in which the court determines the  11,662       

amount of child support that will be ordered to be paid pursuant   11,663       

to a child support order and except as otherwise provided in this  11,664       

division, the court shall issue a minimum support order requiring  11,665       

the obligor to pay a minimum amount of fifty dollars a month for   11,666       

child support under the child support order.  The court, in its    11,667       

discretion and in appropriate circumstances, may issue a minimum   11,668       

support order requiring the obligor to pay an amount of child      11,669       

support that is less than fifty dollars a month or not requiring   11,670       

the obligor to pay an amount for support.  The appropriate         11,671       

circumstances for which a court may issue a minimum support order  11,672       

requiring an obligor to pay an amount of child support that is     11,673       

less than fifty dollars a month or not requiring the obligor to    11,674       

pay an amount for support include, but are not limited to, the     11,675       

nonresidential parent's medically verified or documented physical  11,676       

                                                          278    

                                                                 
or mental disability or institutionalization in a facility for     11,677       

persons with a mental illness.  If the court issues a minimum      11,678       

support order pursuant to this division and the obligor under the  11,679       

support order is the recipient of need-based public assistance,    11,680       

any unpaid amounts of support due under the support order shall    11,681       

accrue as arrearages from month to month, the obligor's current    11,682       

obligation to pay the support due under the support order is       11,683       

suspended during any period of time that the obligor is receiving  11,684       

need-based public assistance and is complying with any seek work   11,685       

orders issued pursuant to division (D)(7)(4) of section 3113.21    11,686       

of the Revised Code, and the court, obligee, and child support     11,688       

enforcement agency shall not enforce the obligation of the         11,689       

obligor to pay the amount of support due under the support order   11,690       

during any period of time that the obligor is receiving            11,691       

need-based public assistance and is complying with any seek work   11,692       

orders issued pursuant to division (D)(7)(4) of section 3113.21    11,693       

of the Revised Code.                                               11,695       

      (b)  Notwithstanding division (B)(7)(a) of this section, if  11,697       

the amount of support payments that federal law requires or        11,698       

permits to be disregarded in determining eligibility for aid       11,699       

under Chapter 5107. of the Revised Code exceeds fifty dollars,     11,700       

instead of fifty dollars the amount of a minimum support order     11,701       

described in division (B)(7)(a) of this section shall be the       11,702       

amount federal law requires or permits to be disregarded.          11,703       

      (C)  Except when the parents have split parental rights and  11,705       

responsibilities, a parent's child support obligation for a child  11,706       

for whom the parent is the residential parent and legal custodian  11,707       

shall be presumed to be spent on that child and shall not become   11,708       

part of a child support order, and a parent's child support        11,709       

obligation for a child for whom the parent is not the residential  11,710       

parent and legal custodian shall become part of a child support    11,711       

order.  If the parents have split parental rights and              11,712       

responsibilities, the child support obligations of the parents     11,713       

shall be offset, and the court shall issue a child support order   11,714       

                                                          279    

                                                                 
requiring the parent with the larger child support obligation to   11,715       

pay the net amount pursuant to the child support order.  If        11,716       

neither parent of a child who is the subject of a child support    11,717       

order is the residential parent and legal custodian of the child   11,718       

and the child resides with a third party who is the legal          11,719       

custodian of the child, the court shall issue a child support      11,720       

order requiring each parent to pay that parent's child support     11,722       

obligation pursuant to the child support order.                    11,723       

      Whenever a court issues a child support order, it shall      11,725       

include in the order specific provisions for regular, holiday,     11,726       

vacation, and special visitation in accordance with section        11,727       

3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance  11,728       

with any other applicable section of the Revised Code.  The court  11,729       

shall not authorize or permit the escrowing, impoundment, or       11,730       

withholding of any child support payment because of a denial of    11,731       

or interference with a right of visitation included as a specific  11,732       

provision of the child support order or as a method of enforcing   11,733       

the specific provisions of the child support order dealing with    11,734       

visitation.                                                        11,735       

      (D) The following basic child support schedule shall be      11,737       

used by all courts and child support enforcement agencies when     11,738       

calculating the amount of child support that will be paid          11,739       

pursuant to a child support order or an administrative child       11,740       

support order, unless the combined gross income of the parents is  11,741       

less than sixty-six hundred dollars or more than one hundred       11,742       

fifty thousand dollars:                                            11,743       

                  Basic Child Support Schedule                     11,744       

 Combined                                                          11,746       

    Gross                          Number of Children              11,748       

   Income      One       Two    Three     Four     Five      Six   11,751       

     6600      600       600      600      600      600      600   11,752       

     7200      600       600      600      600      600      600   11,753       

     7800      600       600      600      600      600      600   11,754       

     8400      600       600      600      600      600      600   11,755       

                                                          280    

                                                                 
     9000      849       859      868      878      887      896   11,756       

     9600     1259      1273     1287     1301     1315     1329   11,757       

    10200     1669      1687     1706     1724     1743     1761   11,758       

    10800     2076      2099     2122     2145     2168     2192   11,759       

    11400     2331      2505     2533     2560     2588     2616   11,760       

    12000     2439      2911     2943     2975     3007     3039   11,761       

    12600     2546      3318     3354     3390     3427     3463   11,762       

    13200     2654      3724     3765     3806     3846     3887   11,763       

    13800     2761      4029     4175     4221     4266     4311   11,764       

    14400     2869      4186     4586     4636     4685     4735   11,765       

    15000     2976      4342     4996     5051     5105     5159   11,766       

    15600     3079      4491     5321     5466     5524     5583   11,767       

    16200     3179      4635     5490     5877     5940     6003   11,768       

    16800     3278      4780     5660     6254     6355     6423   11,769       

    17400     3378      4924     5830     6442     6771     6843   11,770       

    18000     3478      5069     5999     6629     7186     7262   11,771       

    18600     3578      5213     6169     6816     7389     7682   11,772       

    19200     3678      5358     6339     7004     7592     8102   11,773       

    19800     3778      5502     6508     7191     7796     8341   11,774       

    20400     3878      5647     6678     7378     7999     8558   11,775       

    21000     3977      5790     6847     7565     8201     8774   11,776       

    21600     4076      5933     7015     7750     8402     8989   11,777       

    22200     4176      6075     7182     7936     8602     9204   11,778       

    22800     4275      6216     7345     8116     8798     9413   11,779       

    23400     4373      6357     7509     8297     8994     9623   11,780       

    24000     4471      6498     7672     8478     9190     9832   11,781       

    24600     4570      6639     7836     8658     9386    10042   11,782       

    25200     4668      6780     8000     8839     9582    10251   11,783       

    25800     4767      6920     8163     9020     9778    10461   11,784       

    26400     4865      7061     8327     9200     9974    10670   11,785       

    27000     4963      7202     8490     9381    10170    10880   11,786       

    27600     5054      7332     8642     9548    10351    11074   11,787       

    28200     5135      7448     8776     9697    10512    11246   11,788       

    28800     5216      7564     8911     9845    10673    11418   11,789       

                                                          281    

                                                                 
    29400     5297      7678     9045     9995    10833    11592   11,790       

    30000     5377      7792     9179    10143    10994    11764   11,791       

    30600     5456      7907     9313    10291    11154    11936   11,792       

    31200     5535      8022     9447    10439    11315    12107   11,793       

    31800     5615      8136     9581    10587    11476    12279   11,794       

    32400     5694      8251     9715    10736    11636    12451   11,795       

    33000     5774      8366     9849    10884    11797    12623   11,796       

    33600     5853      8480     9983    11032    11957    12794   11,797       

    34200     5933      8595    10117    11180    12118    12966   11,798       

    34800     6012      8709    10251    11328    12279    13138   11,799       

    35400     6091      8824    10385    11476    12439    13310   11,800       

    36000     6171      8939    10519    11624    12600    13482   11,801       

    36600     6250      9053    10653    11772    12761    13653   11,802       

    37200     6330      9168    10787    11920    12921    13825   11,803       

    37800     6406      9275    10913    12058    13071    13988   11,804       

    38400     6447      9335    10984    12137    13156    14079   11,805       

    39000     6489      9395    11055    12215    13242    14170   11,806       

    39600     6530      9455    11126    12294    13328    14261   11,807       

    40200     6571      9515    11197    12373    13413    14353   11,808       

    40800     6613      9575    11268    12451    13499    14444   11,809       

    41400     6653      9634    11338    12529    13583    14534   11,810       

    42000     6694      9693    11409    12607    13667    14624   11,811       

    42600     6735      9752    11479    12684    13752    14714   11,812       

    43200     6776      9811    11549    12762    13836    14804   11,813       

    43800     6817      9871    11619    12840    13921    14894   11,814       

    44400     6857      9930    11690    12917    14005    14985   11,815       

    45000     6898      9989    11760    12995    14090    15075   11,816       

    45600     6939     10049    11830    13073    14174    15165   11,817       

    46200     6978     10103    11897    13146    14251    15250   11,818       

    46800     7013     10150    11949    13203    14313    15316   11,819       

    47400     7048     10197    12000    13260    14375    15382   11,820       

    48000     7083     10245    12052    13317    14437    15448   11,821       

    48600     7117     10292    12103    13374    14498    15514   11,822       

    49200     7152     10339    12155    13432    14560    15580   11,823       

                                                          282    

                                                                 
    49800     7187     10386    12206    13489    14622    15646   11,824       

    50400     7222     10433    12258    13546    14684    15712   11,825       

    51000     7257     10481    12309    13603    14745    15778   11,826       

    51600     7291     10528    12360    13660    14807    15844   11,827       

    52200     7326     10575    12412    13717    14869    15910   11,828       

    52800     7361     10622    12463    13774    14931    15976   11,829       

    53400     7396     10669    12515    13832    14992    16042   11,830       

    54000     7431     10717    12566    13889    15054    16108   11,831       

    54600     7468     10765    12622    13946    15120    16178   11,832       

    55200     7524     10845    12716    14050    15232    16298   11,833       

    55800     7582     10929    12814    14159    15350    16425   11,834       

    56400     7643     11016    12918    14273    15474    16558   11,835       

    57000     7704     11104    13021    14388    15598    16691   11,836       

    57600     7765     11192    13125    14502    15722    16824   11,837       

    58200     7825     11277    13225    14613    15842    16953   11,838       

    58800     7883     11361    13324    14723    15961    17079   11,839       

    59400     7941     11445    13423    14832    16079    17206   11,840       

    60000     8000     11529    13522    14941    16197    17333   11,841       

    60600     8058     11612    13620    15050    16315    17460   11,842       

    61200     8116     11696    13719    15160    16433    17587   11,843       

    61800     8175     11780    13818    15269    16552    17714   11,844       

    62400     8233     11864    13917    15378    16670    17840   11,845       

    63000     8288     11945    14011    15481    16783    17958   11,846       

    63600     8344     12024    14102    15582    16893    18075   11,847       

    64200     8399     12103    14194    15683    17002    18193   11,848       

    64800     8454     12183    14285    15784    17111    18310   11,849       

    65400     8510     12262    14376    15885    17220    18427   11,850       

    66000     8565     12341    14468    15986    17330    18544   11,851       

    66600     8620     12421    14559    16087    17439    18661   11,852       

    67200     8676     12500    14650    16188    17548    18778   11,853       

    67800     8731     12579    14741    16289    17657    18895   11,854       

    68400     8786     12659    14833    16390    17767    19012   11,855       

    69000     8842     12738    14924    16491    17876    19129   11,856       

    69600     8897     12817    15015    16592    17985    19246   11,857       

                                                          283    

                                                                 
    70200     8953     12897    15107    16693    18094    19363   11,858       

    70800     9008     12974    15196    16791    18201    19476   11,859       

    71400     9060     13047    15281    16885    18302    19585   11,860       

    72000     9111     13120    15366    16979    18404    19694   11,861       

    72600     9163     13194    15451    17073    18506    19803   11,862       

    73200     9214     13267    15536    17167    18608    19912   11,863       

    73800     9266     13340    15621    17261    18709    20021   11,864       

    74400     9318     13413    15706    17355    18811    20130   11,865       

    75000     9369     13487    15791    17449    18913    20239   11,866       

    75600     9421     13560    15876    17543    19015    20347   11,867       

    76200     9473     13633    15961    17636    19116    20456   11,868       

    76800     9524     13707    16046    17730    19218    20565   11,869       

    77400     9576     13780    16131    17824    19320    20674   11,870       

    78000     9627     13853    16216    17918    19422    20783   11,871       

    78600     9679     13927    16300    18012    19523    20892   11,872       

    79200     9731     14000    16385    18106    19625    21001   11,873       

    79800     9782     14073    16470    18200    19727    21109   11,874       

    80400     9834     14147    16555    18294    19829    21218   11,875       

    81000     9885     14220    16640    18387    19930    21326   11,876       

    81600     9936     14292    16723    18480    20030    21434   11,877       

    82200     9987     14364    16807    18573    20131    21541   11,878       

    82800    10038     14439    16891    18665    20235    21651   11,879       

    83400    10090     14514    16979    18762    20340    21763   11,880       

    84000    10142     14589    17066    18859    20444    21875   11,881       

    84600    10194     14663    17154    18956    20549    21987   11,882       

    85200    10246     14738    17241    19052    20653    22099   11,883       

    85800    10298     14813    17329    19149    20758    22211   11,884       

    86400    10350     14887    17417    19246    20863    22323   11,885       

    87000    10403     14962    17504    19343    20967    22435   11,886       

    87600    10455     15037    17592    19440    21072    22547   11,887       

    88200    10507     15111    17679    19537    21176    22659   11,888       

    88800    10559     15186    17767    19633    21281    22771   11,889       

    89400    10611     15261    17855    19730    21386    22883   11,890       

    90000    10663     15335    17942    19827    21490    22995   11,891       

                                                          284    

                                                                 
    90600    10715     15410    18030    19924    21595    23107   11,892       

    91200    10767     15485    18118    20021    21700    23219   11,893       

    91800    10819     15559    18205    20118    21804    23331   11,894       

    92400    10872     15634    18293    20215    21909    23443   11,895       

    93000    10924     15709    18380    20311    22013    23555   11,896       

    93600    10976     15783    18468    20408    22118    23667   11,897       

    94200    11028     15858    18556    20505    22223    23779   11,898       

    94800    11080     15933    18643    20602    22327    23891   11,899       

    95400    11132     16007    18731    20699    22432    24003   11,900       

    96000    11184     16082    18818    20796    22536    24115   11,901       

    96600    11236     16157    18906    20892    22641    24227   11,902       

    97200    11289     16231    18994    20989    22746    24339   11,903       

    97800    11341     16306    19081    21086    22850    24451   11,904       

    98400    11393     16381    19169    21183    22955    24563   11,905       

    99000    11446     16450    19255    21279    23062    24676   11,906       

    99600    11491     16516    19334    21366    23156    24777   11,907       

   100200    11536     16583    19413    21453    23250    24878   11,908       

   100800    11581     16649    19491    21539    23345    24978   11,909       

   101400    11625     16714    19569    21625    23437    25077   11,910       

   102000    11670     16779    19646    21710    23530    25177   11,911       

   102600    11714     16844    19724    21796    23623    25276   11,912       

   103200    11759     16909    19801    21881    23715    25375   11,913       

   103800    11803     16974    19879    21967    23808    25475   11,914       

   104400    11847     17039    19956    22052    23901    25574   11,915       

   105000    11892     17104    20034    22138    23994    25673   11,916       

   105600    11934     17167    20108    22220    24083    25769   11,917       

   106200    11979     17232    20186    22305    24176    25868   11,918       

   106800    12023     17297    20263    22391    24269    25968   11,919       

   107400    12068     17362    20341    22476    24361    26067   11,920       

   108000    12110     17425    20415    22559    24451    26162   11,921       

   108600    12155     17490    20493    22644    24543    26262   11,922       

   109200    12199     17555    20570    22730    24636    26361   11,923       

   109800    12243     17620    20648    22815    24729    26460   11,924       

   110400    12286     17683    20722    22897    24818    26556   11,925       

                                                          285    

                                                                 
   111000    12331     17748    20800    22983    24911    26655   11,926       

   111600    12375     17813    20877    23068    25004    26755   11,927       

   112200    12419     17878    20955    23154    25096    26854   11,928       

   112800    12462     17941    21029    23236    25186    26949   11,929       

   113400    12506     18006    21107    23322    25278    27049   11,930       

   114000    12551     18071    21184    23407    25371    27148   11,931       

   114600    12595     18136    21262    23493    25464    27247   11,932       

   115200    12640     18202    21339    23578    25557    27347   11,933       

   115800    12682     18264    21414    23660    25646    27442   11,934       

   116400    12727     18329    21491    23746    25739    27542   11,935       

   117000    12771     18394    21569    23831    25832    27641   11,936       

   117600    12815     18460    21646    23917    25924    27740   11,937       

   118200    12858     18522    21721    23999    26013    27836   11,938       

   118800    12902     18587    21798    24084    26106    27935   11,939       

   119400    12947     18652    21876    24170    26199    28034   11,940       

   120000    12991     18718    21953    24256    26292    28134   11,941       

   120600    13034     18780    22028    24338    26381    28229   11,942       

   121200    13078     18845    22105    24423    26474    28329   11,943       

   121800    13123     18910    22183    24509    26567    28428   11,944       

   122400    13167     18976    22260    24594    26659    28527   11,945       

   123000    13210     19038    22335    24676    26749    28623   11,946       

   123600    13254     19103    22412    24762    26841    28722   11,947       

   124200    13299     19168    22490    24847    26934    28821   11,948       

   124800    13343     19234    22567    24933    27027    28921   11,949       

   125400    13386     19296    22642    25015    27116    29016   11,950       

   126000    13430     19361    22719    25101    27209    29115   11,951       

   126600    13474     19426    22797    25186    27302    29215   11,952       

   127200    13519     19492    22874    25272    27395    29314   11,953       

   127800    13561     19554    22949    25354    27484    29410   11,954       

   128400    13606     19619    23026    25439    27576    29509   11,955       

   129000    13650     19684    23104    25525    27669    29608   11,956       

   129600    13695     19750    23181    25610    27762    29708   11,957       

   130200    13739     19815    23259    25696    27855    29807   11,958       

   130800    13783     19879    23335    25780    27946    29905   11,959       

                                                          286    

                                                                 
   131400    13828     19945    23414    25868    28041    30007   11,960       

   132000    13874     20012    23494    25955    28136    30108   11,961       

   132600    13919     20079    23573    26043    28231    30210   11,962       

   133200    13963     20143    23649    26127    28323    30308   11,963       

   133800    14008     20210    23729    26215    28418    30410   11,964       

   134400    14054     20276    23808    26302    28513    30511   11,965       

   135000    14099     20343    23887    26390    28608    30613   11,966       

   135600    14143     20407    23964    26474    28699    30711   11,967       

   136200    14188     20474    24043    26561    28794    30813   11,968       

   136800    14234     20541    24123    26649    28889    30914   11,969       

   137400    14279     20607    24202    26737    28984    31016   11,970       

   138000    14323     20671    24278    26821    29075    31114   11,971       

   138600    14368     20738    24358    26908    29170    31215   11,972       

   139200    14414     20805    24437    26996    29265    31317   11,973       

   139800    14459     20872    24516    27083    29361    31419   11,974       

   140400    14503     20936    24593    27168    29452    31517   11,975       

   141000    14549     21002    24672    27255    29547    31618   11,976       

   141600    14594     21069    24751    27343    29642    31720   11,977       

   142200    14639     21136    24831    27430    29737    31822   11,978       

   142800    14683     21200    24907    27515    29828    31920   11,979       

   143400    14729     21267    24986    27602    29923    32021   11,980       

   144000    14774     21333    25066    27690    30018    32123   11,981       

   144600    14820     21400    25145    27777    30113    32225   11,982       

   145200    14865     21467    25225    27865    30208    32327   11,983       

   145800    14909     21531    25301    27949    30300    32424   11,984       

   146400    14963     21596    25377    28041    30396    32526   11,985       

   147000    15006     21659    25452    28124    30486    32622   11,986       

   147600    15049     21722    25527    28207    30576    32718   11,987       

   148200    15090     21782    25599    28286    30662    32810   11,988       

   148800    15133     21845    25674    28369    30752    32907   11,989       

   149400    15176     21908    25749    28452    30842    33003   11,990       

   150000    15218     21971    25823    28534    30931    33099   11,991       

      (E)  When a court or child support enforcement agency        11,994       

calculates the amount of child support that will be required to    11,995       

                                                          287    

                                                                 
be paid pursuant to a child support order or an administrative     11,996       

child support order in a proceeding in which one parent is the     11,997       

residential parent and legal custodian of all of the children who  11,998       

are the subject of the child support order or the court issues a   11,999       

shared parenting order, the court or child support enforcement     12,000       

agency shall use a worksheet that is identical in content and      12,001       

form to the following worksheet:                                   12,002       

                           "Worksheet                              12,003       

      ............... County Domestic Relations Court (or)         12,004       

     ............... County Child Support Enforcement Agency       12,005       

                    Child Support Computation                      12,006       

                   Sole Residential Parent or                      12,007       

                     Shared Parenting Order                        12,008       

Name of parties .................................................  12,010       

Case No. ..........                                                12,012       

Number of minor children ......  The following parent was          12,014       

designated as the residential parent and legal custodian           12,015       

(disregard if shared parenting order):                             12,016       

............. mother; ............ father.                         12,018       

Father has ..... pay periods annually; mother has ..... pay        12,020       

periods annually.                                                  12,021       

                                Column I   Column II  Column III   12,023       

                                Father     Mother     Combined                  

1a. Annual gross income from                                       12,026       

     employment or, when                                                        

     determined appropriate by                                     12,027       

     the court or agency,                                                       

     average annual gross income                                                

     from employment over a                                                     

     reasonable period of years                                    12,028       

     (exclude overtime and                                                      

     bonuses)...................  $......     $......              12,030       

b.  Amount of overtime and                                         12,031       

     bonuses                       Father      Mother              12,032       

                                                          288    

                                                                 
    Yr. 3                                                          12,033       

    (Three years ago)             $......     $......              12,035       

    Yr. 2                                                          12,036       

    (Two years ago)               $......     $......              12,038       

    Yr. 1                                                          12,039       

    (Last calendar year)          $......     $......              12,041       

    Average:                      $......     $......              12,043       

   (Include in Column I and/or                                     12,044       

     Column II the average of                                                   

     the three years or the year                                   12,045       

     1 amount, whichever is                                                     

     less, if there exists a                                                    

     reasonable expectation that                                   12,046       

     the total earnings from                                                    

     overtime and/or bonuses                                                    

     during the current calendar                                   12,047       

     year will meet or exceed                                                   

     the amount that is the                                                     

     lower of the average of the                                   12,048       

     three years or the year 1                                                  

     amount.  If, however, there                                                

     exists a reasonable                                           12,049       

     expectation that the total                                                 

     earnings from                                                              

     overtime/bonuses during the                                   12,050       

     current calendar year will                                                 

     be less than the lower of                                                  

     the average of the three                                      12,051       

     years or the year 1 amount,                                                

     include only the amount                                                    

     reasonably expected to be                                     12,052       

     earned this year.).........  $......     $......              12,053       

2.  Annual income from interest                                    12,054       

     and dividends (whether or                                                  

                                                          289    

                                                                 
     not taxable)...............  $......     $......              12,056       

3.  Annual income from                                             12,057       

     unemployment compensation..  $......     $......              12,058       

4.  Annual income from workers'                                    12,059       

     compensation or disability                                                 

     insurance benefits.........  $......     $......              12,061       

5.  Other annual income                                            12,062       

     (identify).................  $......     $......              12,063       

6.  Total annual gross income                                      12,064       

     (add lines 1-5)............  $......     $......              12,065       

7.  Annual court-ordered support                                   12,066       

     paid for other children....  $......     $......              12,067       

8.  Adjustment for minor                                           12,068       

     children born to either                                                    

     parent and another parent,                                    12,069       

     which children are living                                                  

     with this parent (number of                                                

     children times federal                                        12,070       

     income tax exemption less                                                  

     child support received for                                                 

     the year, not to exceed the                                   12,071       

     federal tax exemption).....  $......     $......              12,072       

9.  Annual court-ordered spousal                                   12,073       

     support paid to a former                                                   

     spouse.....................  $......     $......              12,075       

10. Amount of local income taxes                                   12,076       

     actually paid or estimated                                                 

     to be paid.................  $......     $......              12,078       

11. For self-employed                                              12,079       

     individuals, deduct 5.6% of                                                

     adjusted gross income or                                      12,080       

     the actual marginal                                                        

     difference between the                                                     

     actual rate paid by the                                                    

                                                          290    

                                                                 
     self-employed individual                                      12,081       

     and the F.I.C.A. rate......  $......     $......              12,082       

12. For self-employed                                              12,083       

     individuals, deduct                                                        

     ordinary and necessary                                                     

     business expenses..........  $......     $......              12,085       

13. Total gross income                                             12,086       

     adjustments (add lines                                                     

     7-12)......................  $......     $......              12,087       

14. Adjusted annual gross income                                   12,088       

     (subtract line 13 from line                                                

     6).........................  $......     $......              12,090       

15. Combined annual income that                                    12,091       

     is basis for child support                                                 

     order (add line 14, Col. I                                    12,092       

     and Col. II).........................                $......                

16. Percentage parent's income                                     12,093       

     to total income                                                            

 a. Father (divide line 14, Col.                                   12,094       

     I by line 15, Col. III)   .........%                          12,095       

 b. Mother (divide line 14, Col.                                   12,096       

     II by line 15, Col. III)  ..........  + .......%     = 100%   12,097       

17. Basic combined child support                                   12,098       

     obligation (Refer to basic                                                 

     child support schedule in                                     12,099       

     division (D) of section                                                    

     3113.215 of the Revised                                                    

     Code; in the first column                                     12,100       

     of the schedule, locate the                                                

     sum that is nearest to the                                                 

     combined annual income                                        12,101       

     listed in line 15, Col. III                                                

     of this worksheet, then                                                    

     refer to the column of the                                    12,102       

                                                          291    

                                                                 
     schedule that corresponds                                                  

     to the number of children                                                  

     in this family.  If the                                       12,103       

     income of the parents is                                                   

     more than one sum, and less                                                

     than another sum, in the                                      12,104       

     first column of the                                                        

     schedule, you may calculate                                                

     the basic combined child                                      12,105       

     support obligation based                                                   

     upon the obligation for                                                    

     those two sums.)...........              $......              12,107       

18. Annual child care expenses                                     12,108       

     for the children who are                                                   

     the subject of this order                                     12,109       

     that are work, employment                                                  

     training, or education                                        12,110       

     related, as approved by the                                                

     court or agency (deduct the                                                

     tax credit from annual                                        12,111       

     cost, whether or not                                                       

     claimed)...................  $......     $......              12,112       

19. Marginal, out-of-pocket                                        12,113       

     costs, necessary to provide                                                

     for health insurance for                                      12,114       

     the children who are the                                                   

     subject of this order......  $......     $......              12,115       

20. Total child care and medical                                   12,116       

     expenses (add lines 18 and                                                 

     19, Column I and Column II). $......     $......              12,118       

21. Combined annual child                                          12,119       

     support obligation for this                                                

     family (add lines 17 and                                      12,120       

     20, Column I and Column II). .......                $......   12,121       

                                                          292    

                                                                 
22. Annual support                                                 12,122       

     obligation/parent                                                          

  a. Father (multiply line 21,                                     12,123       

     Col. III, by line 16a).....  $......                          12,124       

  b. Mother (multiply line 21,                                     12,125       

     Col. III, by line 16b).....              $......              12,126       

23. Adjustment for actual                                          12,127       

     expenses paid for annual                                                   

     child care expenses and                                       12,128       

     marginal, out-of-pocket                                                    

     costs, necessary to provide                                                

     for health insurance (enter                                   12,129       

     number from line 18 or 19                                                  

     if applicable).............  $......     $......              12,130       

24. Actual annual obligation                                       12,131       

     (subtract line 23 from line                                                

     22a or 22b)................  $......     $......              12,133       

25. Gross household income per                                     12,134       

     party after exchange of                                                    

     child support (add lines 14                                   12,136       

     and 24 Column I or II for                                                  

     residential parent or, in                                     12,137       

     the case of shared                                            12,138       

     parenting order, the parent                                                

     to whom child support will                                                 

     be paid; subtract line 24                                     12,139       

     Column I or II from line 14                                                

     for parent who is not the                                                  

     residential parent or, in                                     12,140       

     the case of shared                                                         

     parenting order, the parent                                                

     who will pay child support). $......     $......              12,142       

26. Comments, rebuttal, or                                         12,143       

     adjustments to correct                                                     

                                                          293    

                                                                 
     figures in lines 24, Column                                   12,144       

     I and 24, Column II if they                                                

     would be unjust or                                                         

     inappropriate and would not                                   12,145       

     be in best interest of the                                                 

     child or children (specific                                                

     facts to support                                                           

     adjustments must be                                           12,146       

     included)..................  $......     $......              12,147       

.................................................................  12,149       

.................................................................  12,150       

.................................................................  12,151       

(Addendum sheet may be attached)                                   12,152       

27. Final figure (this amount                                      12,154       

     reflects final annual child                                                

     support obligation)........  $......  father/mother           12,156       

                                           obligor                              

28. For decree:  child support                                     12,159       

     per child per week or per                                                  

     month (divide obligor's                                       12,160       

     annual share, line 27, by                                                  

     12 or 52 and by number of                                                  

     children)..................  $......                          12,162       

29. For deduction order:  child                                    12,163       

     support per pay period                                                     

     (calculate support per pay                                    12,164       

     period from figure on line                                                 

     28) plus appropriate                                                       

     poundage........ PROCESSING                                   12,165       

     CHARGE.                      $......                          12,166       

Calculations have been reviewed.                                   12,169       

Signatures                         ..............................  12,171       

                                               Father              12,172       

                                        I do/do not consent.       12,173       

                                                          294    

                                                                 
      Sworn to before me and subscribed in my presence, this       12,175       

..... day of .........., 19...                                     12,176       

                                   ..............................  12,178       

                                           Notary Public           12,179       

                                   ..............................  12,180       

                                               Mother              12,181       

                                        I do/do not consent.       12,182       

      Sworn to before me and subscribed in my presence, this       12,185       

..... day of .........., 19...                                     12,186       

                                   ..............................  12,187       

                                           Notary Public           12,188       

..............................     ..............................  12,189       

     Attorney for Father                Attorney for Mother"       12,191       

      (F)  When a court or child support enforcement agency        12,194       

calculates the amount of child support that will be required to    12,195       

be paid pursuant to a child support order in a proceeding in       12,196       

which both parents have split parental rights and                  12,197       

responsibilities with respect to the children who are the subject  12,198       

of the child support order, the court or child support             12,199       

enforcement agency shall use a worksheet that is identical in      12,200       

content and form to the following worksheet:                       12,201       

                           "Worksheet                              12,202       

      ............... County Domestic Relations Court (or)         12,203       

     ............... County Child Support Enforcement Agency       12,204       

                    Child Support Computation                      12,205       

           Split Parental Rights and Responsibilities              12,206       

Name of parties .............................                      12,208       

Case No. ..........                                                12,210       

Number of minor children ......  The following parent was          12,212       

designated residential parent and legal custodian:                 12,213       

............ mother; ............ father.                          12,215       

Father has ..... pay periods annually; mother has ..... pay        12,217       

periods annually.                                                               

                                Column I   Column II  Column III   12,219       

                                                          295    

                                                                 
                                Father     Mother     Combined                  

1a. Annual gross income from                                       12,222       

     employment or, when                                                        

     determined to be                                                           

     appropriate by the court or                                   12,223       

     agency, average annual                                                     

     gross income from                                                          

     employment over a                                             12,224       

     reasonable period of years                                                 

     (exclude overtime and                                                      

     bonuses)...................  $......     $......              12,226       

 b. Amount of overtime and                                         12,227       

     bonuses                       Father      Mother              12,228       

    Yr. 3                                                          12,229       

    (Three years ago)             $......     $......              12,230       

    Yr. 2                                                          12,231       

    (Two years ago)               $......     $......              12,232       

    Yr. 1                                                          12,233       

    (Last calendar year)          $......     $......              12,234       

    Average:                      $......     $......              12,235       

    (Include in Column I and/or                                    12,236       

     Column II the average of                                                   

     the three years or the year                                   12,237       

     1 amount, whichever is                                                     

     less, if there exists a                                                    

     reasonable expectation that                                   12,238       

     the total earnings from                                                    

     overtime and/or bonuses                                       12,239       

     during the current calendar                                                

     year will meet or exceed                                                   

     the amount that is the                                        12,240       

     lower of the average of the                                                

     three years or the year 1                                                  

     amount.  If, however, there                                   12,241       

                                                          296    

                                                                 
     exists a reasonable                                           12,242       

     expectation that the total                                                 

     earnings from                                                              

     overtime/bonuses during the                                   12,243       

     current calendar year will                                                 

     be less than the lower of                                                  

     the average of the three                                      12,244       

     years or the year 1 amount,                                                

     include only the amount                                                    

     reasonably expected to be                                     12,246       

     earned this year.).........  $......    $.......              12,247       

2.  Annual income from interest                                    12,248       

     and dividends (whether or                                                  

     not taxable)...............  $......     $......              12,250       

3.  Annual income from                                             12,251       

     unemployment compensation..  $......     $......              12,252       

4.  Annual income from workers'                                    12,253       

     compensation or disability                                                 

     insurance benefits.........  $......     $......              12,255       

5.  Other annual income                                            12,256       

     (identify).................  $......     $......              12,257       

6.  Total annual gross income                                      12,258       

     (add lines 1-5)............  $......     $......              12,259       

7.  Annual court-ordered support                                   12,260       

     paid for other children....  $......     $......              12,261       

8.  Adjustment for minor                                           12,262       

     children born to either                                                    

     parent and another parent,                                    12,263       

     which children are living                                                  

     with this parent (number of                                                

     children times federal                                        12,264       

     income tax exemption less                                                  

     child support received for                                                 

     the year, not to exceed the                                   12,265       

                                                          297    

                                                                 
     federal tax exemption).....  $......     $......              12,266       

9.  Annual court-ordered spousal                                   12,267       

     support paid to a former                                                   

     spouse.....................  $......     $......              12,269       

10. Amount of local income taxes                                   12,270       

     actually paid or estimated                                                 

     to be paid.................  $......     $......              12,272       

11. For self-employed                                              12,273       

     individuals, deduct 5.6% of                                                

     adjusted gross income or                                      12,274       

     the actual marginal                                                        

     difference between the                                                     

     actual rate paid by the                                                    

     self-employed individual                                      12,275       

     and the F.I.C.A. rate......  $......     $......              12,276       

12. For self-employed                                              12,277       

     individuals, deduct                                                        

     ordinary and necessary                                                     

     business expenses..........  $......     $......              12,279       

13. Total gross income                                             12,280       

     adjustments (add lines                                                     

     7-12)......................  $......     $......              12,281       

14. Adjusted annual gross income                                   12,282       

     (subtract line 13 from line                                                

     6).........................  $......     $......              12,284       

15. Combined annual income that                                    12,285       

     is basis for child support                                                 

     order (add line 14, Col. I                                    12,286       

     and Col. II)...............                          $.....   12,287       

16. Percentage parent's income                                     12,288       

     to total income                                                            

 a. Father (divide line 14, Col.                                   12,289       

     I by line 15, Col. III)   .........%                          12,290       

 b. Mother (divide line 14, Col.                                   12,291       

                                                          298    

                                                                 
     II by line 15, Col. III)...           + .......%     = 100%   12,292       

17. Basic combined child support                                   12,293       

     obligation/household                                                       

 a. For children for whom the                                      12,294       

     father is the residential                                                  

     parent and legal custodian                                    12,295       

     (Refer to basic child                                                      

     support schedule in                                                        

     division (D) of section                                       12,296       

     3113.215 of the Revised                                                    

     Code; in the first column                                                  

     of the schedule, locate the                                   12,297       

     sum that is nearest to the                                                 

     combined annual income                                                     

     listed in line 15, Col. III                                   12,298       

     of this worksheet, then                                                    

     refer to the column of the                                                 

     schedule that corresponds                                     12,299       

     to the number of children                                                  

     for whom the father is the                                                 

     residential parent and                                        12,300       

     legal custodian.  If the                                                   

     income of the parents is                                                   

     more than one sum, and less                                   12,301       

     than another sum, in the                                                   

     first column of the                                                        

     schedule, you may calculate                                   12,302       

     the basic combined child                                                   

     support obligation based                                                   

     upon the obligation for                                       12,303       

     those two sums.)...........                         $......   12,304       

 b. For children for whom the                                      12,305       

     mother is the residential                                                  

     parent and the legal                                          12,306       

                                                          299    

                                                                 
     custodian.  (Refer to basic                                                

     child support schedule in                                                  

     division (D) of section                                       12,307       

     3113.215 of the Revised                                                    

     Code; in the first column                                     12,308       

     of the schedule, locate the                                                

     sum that is nearest to the                                                 

     combined annual income                                        12,309       

     listed in line 15, Col. III                                                

     of this worksheet, then                                                    

     refer to the column of the                                    12,310       

     schedule that corresponds                                                  

     to the number of children                                                  

     for whom the mother is the                                    12,311       

     residential parent and the                                    12,312       

     legal custodian.  If the                                                   

     income of the parents is                                                   

     more than one sum, and less                                   12,313       

     than another sum, in the                                                   

     first column of the                                                        

     schedule, you may calculate                                   12,314       

     the basic combined child                                                   

     support obligation based                                                   

     upon the obligation for                                       12,315       

     those two sums.)...........                         $......   12,316       

18. Annual child care expenses                                     12,317       

     for the children who are                                                   

     the subject of this order                                     12,318       

     that are work, employment                                                  

     training, or education                                        12,319       

     related, as approved by the                                                

     court or agency (deduct the                                                

     tax credit from annual                                        12,320       

     cost, whether or not                                                       

                                                          300    

                                                                 
     claimed)                                                                   

 a. Expenses paid by the father.  $......                          12,322       

 b. Expenses paid by the mother.              $......              12,324       

19. Marginal, out-of-pocket                                        12,325       

     costs, necessary to provide                                                

     for health insurance for                                      12,326       

     the children who are the                                                   

     subject of this order                                                      

 a. Costs paid by the father....  $......                          12,328       

 b. Costs paid by the mother....              $......              12,330       

20. Total annual child care and                                    12,331       

     medical expenses                                                           

 a. Of father (add lines 18a and                                   12,332       

     19a).......................  $......                          12,333       

 b. Of mother (add lines 18b and                                   12,334       

     19b).......................              $......              12,335       

21. Total annual child support                                     12,336       

     obligation                                                                 

 a. Of father for child(ren) for                                   12,337       

     whom the mother is the                                                     

     residential parent and                                        12,338       

     legal custodian (add lines                                                 

     20a and 17b and multiply by                                                

     line 16a)..................  $......                          12,340       

 b. Of mother for child(ren) for                                   12,341       

     whom the father is the                                                     

     residential parent and                                        12,342       

     legal custodian (add lines                                                 

     20b and 17a and multiply by                                   12,343       

     line 16b)..................              $......              12,344       

22. Adjustment for actual                                          12,345       

     expenses paid for annual                                                   

     child care expenses, and                                      12,346       

     marginal, out-of-pocket                                                    

                                                          301    

                                                                 
     costs, necessary to provide                                                

     for health insurance                                                       

 a. For father (enter number                                       12,347       

     from line 20a).............  $......                          12,348       

 b. For mother (enter number                                       12,349       

     from line 20b).............              $......              12,350       

23. Actual annual obligation                                       12,351       

     (subtract line 22a from                                                    

     line 21a and insert in                                        12,352       

     Column I; subtract line 22b                                                

     from line 21b and insert in                                                

     Column II).................  $......     $......              12,354       

24. Net annual support                                             12,355       

     obligation (greater amount                                                 

     on line 23 Column I or line                                   12,356       

     23 Column II minus lesser                                                  

     amount on line 23 Column I                                                 

     or line 23 Column II)......  $......     $......              12,358       

25. Gross household income per                                     12,359       

     party after exchange of                                                    

     child support..............  $......     $......              12,361       

     (add line 14 and line 24                                      12,362       

     for the parent receiving a                                                 

     child support payment;                                        12,363       

     subtract line 24 from line                                                 

     14 for the parent making a                                                 

     child support payment)                                        12,364       

26. Comments, rebuttal, or                                         12,365       

     adjustments to correct                                                     

     figures in lines 24, Column                                   12,366       

     I and 24, Column II if they                                                

     would be unjust or                                                         

     inappropriate and would not                                   12,367       

     be in best interest of the                                                 

                                                          302    

                                                                 
     children (specific facts to                                                

     support adjustments must be                                   12,368       

     included)..................  $......     $......              12,369       

.................................................................  12,371       

.................................................................  12,372       

.................................................................  12,373       

(Addendum sheet may be attached)                                   12,374       

27. Final figure (this amount                                      12,376       

     reflects final annual child                                                

     support obligation)........  $......  father/mother           12,378       

                                           obligor                              

28. For decree:  child support                                     12,381       

     per child per week or per                                                  

     month (divide obligor's                                       12,382       

     annual share, line 27, by                                                  

     12 or 52 and by the number                                                 

     of children)...............  $......                          12,384       

29. For deduction order:  child                                    12,385       

     support per day (calculate                                                 

     support per pay period from                                   12,386       

     figure on line 28) and add                                                 

     appropriate poundage                                          12,387       

     ........ PROCESSING CHARGE.              $......              12,388       

Calculations have been reviewed.                                   12,391       

Signatures                         ..............................  12,393       

                                               Father              12,394       

                                        I do/do not consent.       12,395       

      Sworn to before me and subscribed in my presence, this       12,398       

..... day of .........., 19...                                     12,399       

                                   ..............................  12,401       

                                           Notary Public           12,402       

                                   ..............................  12,403       

                                               Mother              12,404       

                                        I do/do not consent.       12,405       

                                                          303    

                                                                 
      Sworn to before me and subscribed in my presence, this       12,408       

..... day of .........., 19...                                     12,409       

                                   ..............................  12,411       

                                           Notary Public           12,412       

..............................     ..............................  12,413       

Attorney for Father                Attorney for Mother"            12,414       

      (G)  At least once every four years, the department of       12,417       

human services shall review the basic child support schedule set   12,418       

forth in division (D) of this section to determine whether         12,419       

support orders issued in accordance with the schedule and the      12,420       

applicable worksheet in division (E) of this section, through      12,421       

line 24, or in division (F) of this section, through line 23,      12,422       

adequately provide for the needs of the children who are subject   12,423       

to the support orders, prepare a report of its review, and submit  12,424       

a copy of the report to both houses of the general assembly.  For  12,425       

each review, the department shall establish a child support        12,426       

guideline advisory council to assist the department in the         12,428       

completion of its reviews and reports.  Each council shall be      12,430       

composed of obligors, obligees, judges of courts of common pleas                

who have jurisdiction over domestic relations cases, attorneys     12,431       

whose practice includes a significant number of domestic           12,432       

relations cases, representatives of child support enforcement      12,433       

agencies, other persons interested in the welfare of children,     12,434       

three members of the senate appointed by the president of the      12,435       

senate, no more than two of whom are members of the same party,    12,436       

and three members of the house of representatives appointed by     12,437       

the speaker of the house, no more than two of whom are members of  12,438       

the same party.  The department shall consider input from the      12,439       

council prior to the completion of any report under this section.  12,441       

The advisory council shall cease to exist at the time that it      12,442       

submits its report to the general assembly.  Any expenses          12,443       

incurred by an advisory council shall be paid by the department.   12,444       

      On or before March 1, 1993, the department shall submit its  12,446       

initial report under this division to both houses of the general   12,447       

                                                          304    

                                                                 
assembly.  On or before the first day of March of every fourth     12,448       

year after 1993, the department shall submit a report under this   12,449       

division to both houses of the general assembly.                   12,450       

      Sec. 3113.216.  (A)  As used in this section, "obligor" and  12,459       

"obligee" have the same meanings as in section 3113.21 of the      12,460       

Revised Code.                                                                   

      (B)  No later than October 13, 1990, the department of       12,462       

human services shall adopt rules pursuant to Chapter 119. of the   12,463       

Revised Code establishing a procedure for determining when         12,464       

existing child support orders should be reviewed to determine      12,465       

whether it is necessary and in the best interest of the children   12,466       

who are the subject of the child support order to change the       12,467       

child support order.  The rules shall include, but are not         12,468       

limited to, all of the following:                                  12,469       

      (1)  Any procedures necessary to comply with section         12,471       

666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of    12,472       

1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any   12,473       

regulations adopted pursuant to, or to enforce, that section;      12,474       

      (2)  Procedures for determining what child support orders    12,476       

are to be subject to review upon the request of either the         12,477       

obligor or the obligee or periodically by the child support        12,478       

enforcement agency administering the child support order;          12,479       

      (3)  Procedures for the child support enforcement agency to  12,481       

periodically review and to review, upon the request of the         12,482       

obligor or the obligee, any child support order that is subject    12,483       

to review to determine whether the amount of child support paid    12,484       

under the child support order should be adjusted in accordance     12,485       

with the basic child support schedule set forth in division (D)    12,486       

of section 3113.215 of the Revised Code OR WHETHER THE PROVISIONS  12,487       

FOR THE CHILD'S HEALTH CARE NEEDS UNDER THE CHILD SUPPORT ORDER    12,488       

SHOULD BE MODIFIED IN ACCORDANCE WITH SECTION 3113.217 OF THE      12,489       

REVISED CODE;                                                                   

      (4)  Procedures for giving obligors and obligees notice of   12,491       

their right to request a review of a child support order that is   12,492       

                                                          305    

                                                                 
determined to be subject to review, notice of any proposed         12,493       

revision of the amount of child support to be paid under the       12,494       

child support order, notice of the procedures for requesting a     12,495       

hearing on any proposed revision of the amount of child support    12,496       

to be paid under a child support order, notice of any              12,497       

administrative hearing to be held on a proposed revision of the    12,498       

amount of child support to be paid under a child support order,    12,499       

at least sixty days' prior notice of any review of their child     12,500       

support order, and notice that a failure to comply with any        12,501       

request for documents or information to be used in the review of   12,502       

a child support order is contempt of court;                        12,503       

      (5)  Procedures for obtaining the necessary documents and    12,505       

information necessary to review child support orders and for       12,506       

holding administrative hearings on a proposed revision of the      12,507       

amount of child support to be paid under a child support order;    12,508       

      (6)  Procedures for adjusting child support orders in        12,510       

accordance with the basic child support schedule set forth in      12,511       

division (D) of section 3113.215 of the Revised Code and the       12,512       

applicable worksheet in division (E) of that section, through      12,513       

line 24 or in division (F) of that section, through line 23;       12,514       

      (7)  PROCEDURES FOR ADJUSTING THE PROVISIONS OF THE CHILD    12,516       

SUPPORT ORDER GOVERNING THE HEALTH CARE NEEDS OF THE CHILD         12,517       

PURSUANT TO SECTION 3113.217 OF THE REVISED CODE.                  12,518       

      (C)(1)  If a child support enforcement agency, periodically  12,520       

or upon request of an obligor or obligee, plans to review a child  12,521       

support order in accordance with the rules adopted pursuant to     12,522       

division (B) of this section or otherwise plans to review a child  12,523       

support order, it shall do all of the following prior to formally  12,524       

beginning the review:                                              12,525       

      (a)  Establish a date certain upon which the review will     12,527       

formally begin;                                                    12,528       

      (b)  At least sixty days before formally beginning the       12,530       

review, send the obligor and the obligee notice of the planned     12,531       

review and of the date when the review will formally begin;        12,532       

                                                          306    

                                                                 
      (c)  Request the obligor to provide the agency, no later     12,534       

than the scheduled date for formally beginning the review, with a  12,535       

copy of the obligor's federal income tax return from the previous  12,536       

year, a copy of all pay stubs obtained by the obligor within the   12,537       

preceding six months, a copy of all other records evidencing the   12,538       

receipt of any other salary, wages, or compensation by the         12,539       

obligor within the preceding six months, A LIST OF THE GROUP       12,540       

HEALTH INSURANCE AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS    12,541       

AVAILABLE TO THE OBLIGOR AND THEIR COSTS, THE CURRENT HEALTH       12,542       

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH     12,543       

THE OBLIGOR IS ENROLLED AND ITS COST, and any other information    12,545       

necessary to properly review the child support order, and request  12,546       

the obligee to provide the agency, no later than the scheduled     12,547       

date for formally beginning the review, with a copy of the         12,548       

obligee's federal income tax return from the previous year, a                   

copy of all pay stubs obtained by the obligee within the           12,549       

preceding six months, a copy of all other records evidencing the   12,550       

receipt of any other salary, wages, or compensation by the         12,551       

obligee within the preceding six months, A LIST OF THE GROUP       12,552       

HEALTH INSURANCE AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS    12,553       

AVAILABLE TO THE OBLIGEE AND THEIR COSTS, THE CURRENT HEALTH       12,554       

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH     12,555       

THE OBLIGEE IS ENROLLED AND ITS COST, and any other information    12,557       

necessary to properly review the child support order;                           

      (d)  Include in the notice sent pursuant to division         12,559       

(C)(1)(b) of this section, a notice that a willful failure to      12,560       

provide the documents and other information requested pursuant to  12,561       

division (C)(1)(c) of this section is contempt of court.           12,562       

      (2)  If either the obligor or the obligee fails to comply    12,564       

with a request for information made pursuant to division           12,565       

(C)(1)(c) of this section, it is contempt of court, and the        12,566       

agency shall notify the court of the failure to comply with the    12,567       

request for information.  The agency may request the court to      12,568       

issue an order requiring the obligor or the obligee to provide     12,569       

                                                          307    

                                                                 
the information as requested or take whatever action is necessary  12,570       

to obtain the information and make any reasonable assumptions      12,571       

necessary with respect to the income of INFORMATION the person in  12,573       

contempt of court DID NOT PROVIDE to ensure a fair and equitable   12,574       

review of the child support order.  If the agency decides to       12,576       

conduct the review based upon ON reasonable assumptions with       12,578       

respect to the income of INFORMATION the person in contempt of     12,580       

court DID NOT PROVIDE, it shall proceed under division (C)(3) of   12,581       

this section in the same manner as if all requested information    12,582       

has been received.                                                 12,583       

      (3)  Upon the date established pursuant to division          12,585       

(C)(1)(a) of this section for formally beginning the review of a   12,586       

child support order, the agency shall review the child support     12,587       

order and shall do all of the following:                           12,588       

      (a)  Calculate a revised amount of child support to be paid  12,590       

under the child support order;                                     12,591       

      (b)  Give the obligor and obligee notice of the revised      12,593       

amount of child support to be paid under the child support order,  12,594       

of their right to request an administrative hearing on the         12,595       

revised amount of child support, of the procedures and time        12,596       

deadlines for requesting the hearing, and that the revised amount  12,597       

of child support will be submitted to the court for inclusion in   12,598       

a revised child support order unless the obligor or obligee        12,599       

requests an administrative hearing on the proposed change within   12,600       

thirty days after receipt of the notice under this division;       12,601       

      (c)  If neither the obligor nor the obligee timely requests  12,603       

an administrative hearing on the revised amount of child support   12,604       

to be paid under the child support order, submit the revised       12,605       

amount of child support to the court for inclusion in a revised    12,606       

child support order;                                               12,607       

      (d)  If the obligor or the obligee timely requests an        12,609       

administrative hearing on the revised amount of child support to   12,610       

be paid under the child support order, the agency shall schedule   12,611       

a hearing on the issue, give the obligor and obligee notice of     12,612       

                                                          308    

                                                                 
the date, time, and location of the hearing, conduct the hearing   12,613       

in accordance with the rules adopted under division (B) of this    12,614       

section, redetermine at the hearing a revised amount of child      12,615       

support to be paid under the child support order, and give notice  12,616       

of all of the following to the obligor and obligee:                12,617       

      (i)  The revised amount of child support to be paid under    12,619       

the child support order;                                           12,620       

      (ii)  That they may request a court hearing on the revised   12,622       

amount of child support;                                           12,623       

      (iii)  That the agency will submit the revised amount of     12,625       

child support to the court for inclusion in a revised child        12,626       

support order, if neither the obligor nor the obligee requests a   12,627       

court hearing on the revised amount of child support.              12,628       

      (e)  If neither the obligor nor the obligee requests a       12,630       

court hearing on the revised amount of child support to be paid    12,631       

under the child support order, submit the revised amount of child  12,632       

support to the court for inclusion in a revised child support      12,633       

order.                                                             12,634       

      (4)  In calculating a revised amount of child support to be  12,636       

paid under a child support order under division (C)(3)(a) of this  12,637       

section, and in redetermining, at an administrative hearing        12,638       

conducted under division (C)(3)(d) of this section, a revised      12,639       

amount of child support to be paid under a child support order,    12,640       

the child support enforcement agency shall consider, in addition   12,641       

to all other factors required by law to be considered, the THE     12,642       

FOLLOWING:                                                         12,643       

      (a)  THE APPROPRIATE PERSON, WHETHER IT IS THE OBLIGOR,      12,645       

OBLIGEE, OR BOTH, TO BE REQUIRED IN ACCORDANCE WITH SECTION        12,646       

3113.217 OF THE REVISED CODE TO PROVIDE HEALTH INSURANCE COVERAGE  12,647       

FOR THE CHILDREN SPECIFIED IN THE ORDER;                                        

      (b)  THE cost of health insurance COVERAGE which the         12,650       

obligor, the obligee, or both the obligor and the obligee have     12,652       

been ordered to obtain IN ACCORDANCE WITH SECTION 3113.217 OF THE  12,653       

REVISED CODE for the children specified in the order.              12,654       

                                                          309    

                                                                 
      (D)  If an obligor or obligee files a request for a court    12,656       

hearing on a revised amount of child support to be paid under a    12,657       

child support order in accordance with division (C) of this        12,658       

section and the rules adopted under division (B) of this section,  12,659       

the court shall conduct a hearing in accordance with division      12,660       

(C)(1)(c) of section 3113.21 of the Revised Code.                  12,661       

      (E)  A child support enforcement agency is not required to   12,663       

review a child support order pursuant to this section if the       12,664       

review is not otherwise required by section 666(a)(10) of Title    12,665       

42 of the U.S. Code, "Family Support Act of 1988," 102 Stat.       12,666       

2346, 42 U.S.C. 666(a)(10), as amended, and any regulations        12,667       

adopted pursuant to, or to enforce, that section and if either of  12,668       

the following apply:                                               12,669       

      (1)  The obligee has made an assignment under section        12,671       

5107.20 of the Revised Code of the right to receive child support  12,673       

payments, the agency determines that the review would not be in    12,674       

the best interest of the children who are the subject of the       12,675       

child support order, and neither the obligor nor the obligee has   12,676       

requested that the review be conducted;                            12,677       

      (2)  The obligee has not made an assignment under section    12,679       

5107.20 of the Revised Code of the right to receive child support  12,681       

payments, neither the obligor nor the obligee has requested that   12,682       

the review be conducted.                                           12,683       

      Sec. 3113.217.  (A)  As used in this section:                12,692       

      (1)  "Obligor" and "obligee" have the same meanings as in    12,694       

section 3113.21 of the Revised Code.                               12,696       

      (2)  "Insurer" means any person that is authorized to        12,698       

engage in the business of insurance in this state under Title      12,699       

XXXIX of the Revised Code, any health insuring corporation, and    12,702       

any legal entity that is self-insured and provides benefits to     12,703       

its employees or members.                                                       

      (B)  In any action or proceeding in which a child support    12,705       

order is issued or modified on or after July 1, 1990, under        12,706       

Chapter 3115. or section 2151.23, 2151.231, 2151.232, 2151.33,     12,707       

                                                          310    

                                                                 
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,     12,710       

3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the    12,712       

child support enforcement agency shall determine whether the       12,713       

obligor or obligee has satisfactory health insurance coverage,     12,714       

other than medical assistance under Title XIX of the "Social       12,715       

Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,     12,716       

for the children who are the subject of the child support order.   12,717       

If the agency determines that neither the obligor nor the obligee  12,718       

has satisfactory health insurance coverage for the children, it    12,719       

shall file a motion with the court requesting the court to issue   12,720       

an order in accordance with divisions (C) to (K) of this section.  12,721       

      (C)  In any action or proceeding in which a child support    12,723       

order is issued or modified on or after July 1, 1990, under        12,724       

Chapter 3115. or section 2151.23, 2151.231, 2151.33, 2151.36,      12,725       

2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,     12,727       

3113.07, 3113.216, or 3113.31 of the Revised Code, in addition to  12,729       

any requirements in those sections, the court also shall issue a   12,730       

separate order that includes all DETERMINE THE PARENT RESPONSIBLE  12,731       

FOR THE HEALTH CARE OF THE CHILDREN SUBJECT TO THE CHILD SUPPORT   12,732       

ORDER AND SHALL INCLUDE IN THE ORDER ONE of the following:         12,733       

      (1)  A requirement that the obligor under the child support  12,735       

order obtain health insurance coverage for the children who are    12,736       

the subject of the child support order from an insurer that        12,737       

provides a group health insurance or health care policy,           12,738       

contract, or plan that is specified in the order and a             12,739       

requirement that the obligor, no later than thirty days after the  12,740       

issuance of the order under division (C)(1) of this section,       12,741       

furnish written proof to the child support enforcement agency      12,742       

that the required health insurance coverage has been obtained, if  12,743       

that coverage is available at a reasonable cost through a group    12,744       

health insurance or health care policy, contract, or plan offered  12,745       

by the obligor's employer or through any other group health        12,746       

insurance or health care policy, contract, or plan available to    12,747       

the obligor and if health insurance coverage for the children IT   12,748       

                                                          311    

                                                                 
is not available for a more reasonable cost through a group        12,750       

health insurance or health care policy, contract, or plan          12,751       

available to the obligee under the child support order;            12,752       

      (2)  If the obligor is required under division (C)(1) of     12,754       

this section to obtain health insurance coverage for the children  12,755       

who are the subject of the child support order, a requirement      12,756       

that the obligor supply the obligee with information regarding     12,757       

the benefits, limitations, and exclusions of the health insurance  12,758       

coverage, copies of any insurance forms necessary to receive       12,759       

reimbursement, payment, or other benefits under the health         12,760       

insurance coverage, and a copy of any necessary insurance cards,   12,761       

a requirement that the obligor submit a copy of the court order    12,762       

issued pursuant to division (C) of this section to the insurer at  12,763       

the time that the obligor makes application to enroll the          12,764       

children in the health insurance or health care policy, contract,  12,765       

or plan, and a requirement that the obligor, no later than thirty  12,766       

days after the issuance of the order under division (C)(2) of      12,767       

this section, furnish written proof to the child support           12,768       

enforcement agency that division (C)(2) of this section has been   12,769       

complied with;                                                     12,770       

      (3)  A requirement that the obligee under the child support  12,772       

order obtain health insurance coverage for the children who are    12,773       

the subject of the child support order from an insurer that        12,774       

provides a group health insurance or health care policy,           12,775       

contract, or plan that is specified in the order and a             12,776       

requirement that the obligee, no later than thirty days after the  12,777       

issuance of the order under division (C)(1) of this section,       12,778       

furnish written proof to the child support enforcement agency      12,779       

that the required health insurance coverage has been obtained, if  12,780       

that coverage is available through a group health insurance or     12,781       

health care policy, contract, or plan offered by the obligee's     12,782       

employer or through any other group health insurance or health     12,783       

care policy, contract, or plan available to the obligee and if     12,784       

that coverage IT is available at a more reasonable cost than       12,785       

                                                          312    

                                                                 
health insurance SUCH coverage for the children through a group    12,787       

health insurance or health care policy, contract, or plan IS       12,788       

available to the obligor;                                          12,789       

      (4)  If the obligee is required under division (C)(3) of     12,791       

this section to obtain health insurance coverage for the children  12,792       

who are the subject of the child support order, a requirement      12,793       

that the obligee submit a copy of the court order issued pursuant  12,794       

to division (C) of this section to the insurer at the time that    12,795       

the obligee makes application to enroll the children in the        12,796       

health insurance or health care policy, contract, or plan;         12,797       

      (5)  A list of the group health insurance and health care    12,799       

policies, contracts, and plans that the court determines are       12,800       

available at a reasonable cost to the obligor or to the obligee    12,801       

and the name of the insurer that issues each policy, contract, or  12,802       

plan;                                                              12,803       

      (6)  A statement setting forth the name, address, and        12,805       

telephone number of the individual who is to be reimbursed for     12,806       

out-of-pocket medical, optical, hospital, dental, or prescription  12,807       

expenses paid for each child who is the subject of the support     12,808       

order and a statement that the insurer that provides the health    12,809       

insurance coverage for the children may continue making payment    12,810       

for medical, optical, hospital, dental, or prescription services   12,811       

directly to any health care provider in accordance with the        12,812       

applicable health insurance or health care policy, contract, or    12,813       

plan;                                                              12,814       

      (7)  A requirement that the obligor and the obligee          12,816       

designate the children who are the subject of the child support    12,817       

order as covered dependents under any health insurance or health   12,818       

care policy, contract, or plan for which they contract;            12,819       

      (8)  A requirement that the obligor, the obligee, or both    12,821       

of them under a formula established by the court pay co-payment    12,822       

or deductible costs required under the health insurance or health  12,823       

care policy, contract, or plan that covers the children;           12,824       

      (9)(3)  If health insurance coverage for the children who    12,826       

                                                          313    

                                                                 
are the subject of the order is not available at a reasonable      12,828       

cost through a group health insurance or health care policy,       12,829       

contract, or plan offered by the obligor's employer or through     12,830       

any other group health insurance or health care policy, contract,  12,831       

or plan available to the obligor and is not available at a         12,832       

reasonable cost through a group health insurance or health care    12,833       

policy, contract, or plan offered by the obligee's employer or     12,834       

through any other group health insurance or health care policy,    12,835       

contract, or plan available to OR the obligee, a requirement that  12,836       

the obligor and the obligee share liability for the cost of the    12,837       

medical and health care needs of the children who are the subject  12,838       

of the order, under an equitable formula established by the        12,839       

court, and a requirement that if, after the issuance of the        12,840       

order, health insurance coverage for the children who are the      12,841       

subject of the order becomes available at a reasonable cost        12,842       

through a group health insurance or health care policy, contract,  12,843       

or plan offered by the obligor's or obligee's employer or through  12,844       

any other group health insurance or health care policy, contract,  12,845       

or plan available to the obligor or obligee, the obligor or        12,846       

obligee to whom the coverage becomes available immediately inform  12,847       

the court of that fact.                                            12,848       

      (10)  A notice that, if the obligor is required under        12,850       

divisions (C)(1) and (2) of this section to obtain health          12,851       

insurance coverage for the children who are the subject of the     12,852       

child support order and if the obligor fails to comply with the    12,853       

requirements of those divisions, the court immediately shall       12,854       

issue an order to the employer of the obligor, upon written        12,855       

notice from the child support enforcement agency, requiring the    12,856       

employer to take whatever action is necessary to make application  12,857       

to enroll the obligor in any available group health insurance or   12,858       

health care policy, contract, or plan with coverage for the        12,859       

children who are the subject of the child support order, to        12,860       

submit a copy of the court order issued pursuant to division (C)   12,861       

of this section to the insurer at the time that the employer       12,862       

                                                          314    

                                                                 
makes application to enroll the children in the health insurance   12,863       

or health care policy, contract, or plan, and, if the obligor's    12,864       

application is accepted, to deduct any additional amount from the  12,865       

obligor's earnings necessary to pay any additional cost for that   12,866       

health insurance coverage;                                         12,867       

      (11)  A notice that during the time that an order under      12,869       

this section is in effect, the employer of the obligor is          12,870       

required to release to the obligee or the child support            12,871       

enforcement agency upon written request any necessary information  12,872       

on the health insurance coverage of the obligor, including, but    12,873       

not limited to, the name and address of the insurer and any        12,874       

policy, contract, or plan number, and to otherwise comply with     12,875       

this section and any court order issued under this section;        12,876       

      (12)  A statement setting forth the full name and date of    12,878       

birth of each child who is the subject of the child support        12,879       

order;                                                             12,880       

      (13)  A requirement that the obligor and the obligee comply  12,882       

with any requirement described in division (C)(1), (2), (3), (4),  12,883       

or (7) of this section that is contained in the order issued       12,884       

under this section no later than thirty days after the issuance    12,885       

of the order.                                                      12,886       

      (D)  In any action in which a child support order is issued  12,888       

or modified on or after July 1, 1990, under Chapter 3115. or       12,889       

section 2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18,     12,890       

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    12,892       

or 3113.31 of the Revised Code, the court, in addition to any      12,893       

requirements in those sections and in lieu of an order issued      12,894       

under division (C) of this section, may issue a separate order     12,895       

requiring both;                                                                 

      (4)  A REQUIREMENT THAT BOTH the obligor and the obligee to  12,898       

obtain health insurance coverage for the children who are the      12,899       

subject of the child support order, if health insurance coverage   12,900       

is available for the children and if the court determines that     12,901       

the coverage is available at a reasonable cost to both the         12,902       

                                                          315    

                                                                 
obligor and the obligee and that the dual coverage by both         12,903       

parents would provide for coordination of medical benefits         12,904       

without unnecessary duplication of coverage.  If the court issues  12,905       

an order under this division, it shall include in the order any    12,906       

of the requirements, notices, and information set forth in         12,907       

divisions (C)(1) to (13) of this section that are applicable.      12,908       

      (E)  Any                                                     12,910       

      (C)  A CHILD SUPPORT ORDER ISSUED OR MODIFIED PURSUANT TO    12,913       

SECTION 2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.49,    12,914       

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    12,915       

3113.31, OR 3115.30 OF THE REVISED CODE SHALL CONTAIN ALL OF THE   12,917       

FOLLOWING:                                                         12,918       

      (1)  IF THE OBLIGOR IS REQUIRED UNDER DIVISION (B)(1) OF     12,921       

THIS SECTION, THE OBLIGEE IS REQUIRED UNDER DIVISION (B)(2) OF     12,923       

THIS SECTION, OR BOTH THE OBLIGOR AND OBLIGEE ARE REQUIRED UNDER   12,924       

DIVISION (B)(4) OF THIS SECTION, TO PROVIDE HEALTH INSURANCE       12,926       

COVERAGE FOR THE CHILDREN, A REQUIREMENT THAT THE OBLIGOR OR       12,927       

OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE,  12,928       

PROVIDE THE OTHER PARENT WITH INFORMATION REGARDING THE BENEFITS,  12,930       

LIMITATIONS, AND EXCLUSIONS OF THE HEALTH INSURANCE COVERAGE,      12,931       

COPIES OF ANY INSURANCE FORMS NECESSARY TO RECEIVE REIMBURSEMENT,  12,932       

PAYMENT, OR OTHER BENEFITS UNDER THE HEALTH INSURANCE COVERAGE,    12,933       

AND A COPY OF ANY NECESSARY INSURANCE CARDS, A REQUIREMENT THAT    12,934       

THE OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH       12,935       

INSURANCE COVERAGE SUBMIT A COPY OF THE COURT ORDER ISSUED         12,936       

PURSUANT TO DIVISION (B)(1), (2), OR (4) OF THIS SECTION TO THE    12,937       

INSURER AT THE TIME THAT THE OBLIGOR OR OBLIGEE, WHOEVER IS        12,938       

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE MAKES APPLICATION TO  12,939       

ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE         12,940       

POLICY, CONTRACT, OR PLAN, AND A REQUIREMENT THAT THE OBLIGOR OR   12,941       

OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE,  12,942       

FURNISH WRITTEN PROOF TO THE CHILD SUPPORT ENFORCEMENT AGENCY      12,944       

THAT DIVISION (C)(1) OF THIS SECTION HAS BEEN COMPLIED WITH;       12,945       

      (2)  A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE    12,947       

                                                          316    

                                                                 
POLICIES, CONTRACTS, AND PLANS THAT THE COURT DETERMINES ARE       12,948       

AVAILABLE AT A REASONABLE COST TO THE OBLIGOR OR TO THE OBLIGEE    12,949       

AND THE NAME OF THE INSURER THAT ISSUES EACH POLICY, CONTRACT, OR  12,950       

PLAN;                                                              12,951       

      (3)  A STATEMENT SETTING FORTH THE NAME, ADDRESS, AND        12,953       

TELEPHONE NUMBER OF THE INDIVIDUAL WHO IS TO BE REIMBURSED FOR     12,954       

OUT-OF-POCKET MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION  12,955       

EXPENSES PAID FOR EACH CHILD WHO IS THE SUBJECT OF THE SUPPORT     12,956       

ORDER AND A STATEMENT THAT THE INSURER THAT PROVIDES THE HEALTH    12,957       

INSURANCE COVERAGE FOR THE CHILDREN MAY CONTINUE MAKING PAYMENT    12,958       

FOR MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION SERVICES   12,959       

DIRECTLY TO ANY HEALTH CARE PROVIDER IN ACCORDANCE WITH THE        12,960       

APPLICABLE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR    12,961       

PLAN;                                                              12,962       

      (4)  A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE          12,964       

DESIGNATE THE CHILDREN AS COVERED DEPENDENTS UNDER ANY HEALTH      12,966       

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN FOR WHICH THEY  12,967       

CONTRACT;                                                                       

      (5)  A REQUIREMENT THAT THE OBLIGOR, THE OBLIGEE, OR BOTH    12,969       

OF THEM UNDER A FORMULA ESTABLISHED BY THE COURT PAY CO-PAYMENT    12,970       

OR DEDUCTIBLE COSTS REQUIRED UNDER THE HEALTH INSURANCE OR HEALTH  12,971       

CARE POLICY, CONTRACT, OR PLAN THAT COVERS THE CHILDREN;           12,972       

      (6)  A NOTICE THAT THE EMPLOYER OF THE OBLIGOR OR OBLIGEE    12,975       

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IS REQUIRED TO        12,977       

RELEASE TO THE OTHER PARENT OR THE CHILD SUPPORT ENFORCEMENT       12,978       

AGENCY UPON WRITTEN REQUEST ANY NECESSARY INFORMATION ON THE       12,979       

HEALTH INSURANCE COVERAGE, INCLUDING, BUT NOT LIMITED TO, THE      12,980       

NAME AND ADDRESS OF THE INSURER AND ANY POLICY, CONTRACT, OR PLAN  12,981       

NUMBER, AND TO OTHERWISE COMPLY WITH THIS SECTION AND ANY COURT    12,982       

ORDER ISSUED UNDER THIS SECTION;                                                

      (7)  A STATEMENT SETTING FORTH THE FULL NAME AND DATE OF     12,984       

BIRTH OF EACH CHILD WHO IS THE SUBJECT OF THE CHILD SUPPORT        12,985       

ORDER;                                                             12,986       

      (8)  A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE COMPLY   12,988       

                                                          317    

                                                                 
WITH ANY REQUIREMENT DESCRIBED IN DIVISION (B)(1), (2), AND (4),   12,989       

AND (C)(1) AND (4) OF THIS SECTION THAT IS CONTAINED IN THE ORDER  12,991       

ISSUED UNDER THIS SECTION NO LATER THAN THIRTY DAYS AFTER THE      12,992       

ISSUANCE OF THE ORDER.                                             12,993       

      (9)  A NOTICE THAT, IF THE OBLIGOR OR OBLIGEE IS REQUIRED    12,995       

TO OBTAIN HEALTH INSURANCE COVERAGE PURSUANT TO THE CHILD SUPPORT  12,997       

ORDER FOR THE CHILDREN AND IF THE OBLIGOR OR OBLIGEE FAILS TO      12,998       

OBTAIN THE HEALTH INSURANCE COVERAGE, THE CHILD SUPPORT                         

ENFORCEMENT AGENCY SHALL COMPLY WITH DIVISION (D) OF THIS SECTION  13,000       

TO OBTAIN A COURT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO        13,001       

OBTAIN THE HEALTH INSURANCE COVERAGE;                              13,002       

      (10)  A NOTICE THAT STATES THE FOLLOWING:  "IF THE PERSON    13,004       

REQUIRED TO OBTAIN HEALTH CARE INSURANCE COVERAGE FOR THE          13,005       

CHILDREN SUBJECT TO THIS CHILD SUPPORT ORDER OBTAINS NEW           13,006       

EMPLOYMENT AND THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS   13,007       

PROVIDED THROUGH THE PREVIOUS EMPLOYER, THE AGENCY SHALL COMPLY    13,008       

WITH THE REQUIREMENTS OF DIVISION (E) OF SECTION 3113.217 OF THE   13,010       

REVISED CODE WHICH MAY RESULT IN THE ISSUANCE OF A NOTICE          13,013       

REQUIRING THE NEW EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY    13,014       

TO ENROLL THE CHILDREN IN HEALTH CARE INSURANCE COVERAGE PROVIDED  13,015       

BY THE NEW EMPLOYER."                                                           

      (D)  IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH      13,017       

INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER ISSUED IN     13,019       

ACCORDANCE WITH THIS SECTION DOES NOT OBTAIN THE REQUIRED HEALTH   13,020       

INSURANCE COVERAGE WITHIN THIRTY DAYS AFTER THE CHILD SUPPORT      13,021       

ORDER IS ISSUED, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL        13,022       

NOTIFY THE COURT IN WRITING OF THE FAILURE OF THE OBLIGOR TO       13,023       

COMPLY WITH THE CHILD SUPPORT ORDER.  ON RECEIPT OF THE NOTICE     13,024       

FROM THE AGENCY, THE COURT SHALL ISSUE AN ORDER TO THE EMPLOYER    13,025       

OF THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE      13,026       

COVERAGE REQUIRING THE EMPLOYER TO TAKE WHATEVER ACTION IS         13,027       

NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR OBLIGEE     13,028       

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY AVAILABLE      13,029       

GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN    13,030       

                                                          318    

                                                                 
WITH COVERAGE FOR THE CHILDREN, TO SUBMIT A COPY OF THE CHILD      13,032       

SUPPORT ORDER TO THE INSURER AT THE TIME THAT THE EMPLOYER MAKES   13,033       

APPLICATION TO ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR      13,034       

HEALTH CARE POLICY, CONTRACT, OR PLAN, AND, IF THE APPLICATION IS  13,035       

ACCEPTED, TO DEDUCT FROM THE WAGES OR OTHER INCOME OF THE OBLIGOR  13,036       

OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE THE COST   13,037       

OF THE COVERAGE FOR THE CHILDREN.  UPON RECEIPT OF ANY ORDER       13,039       

UNDER THIS DIVISION, THE EMPLOYER SHALL TAKE WHATEVER ACTION IS    13,040       

NECESSARY TO COMPLY WITH THE ORDER.                                             

      (E)(1)  IF AN OBLIGOR OR OBLIGEE IS REQUIRED TO OBTAIN       13,043       

HEALTH INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER        13,044       

ISSUED IN ACCORDANCE WITH THIS SECTION AND THE OBLIGOR OR OBLIGEE  13,045       

OBTAINS HEALTH INSURANCE COVERAGE FOR THE CHILDREN THROUGH AN      13,046       

EMPLOYER AND SUBSEQUENTLY OBTAINS NEW EMPLOYMENT, THE CHILD        13,047       

SUPPORT ENFORCEMENT AGENCY SHALL INVESTIGATE WHETHER THE NEW       13,048       

EMPLOYER OFFERS HEALTH INSURANCE COVERAGE THAT WOULD COVER THE     13,049       

CHILDREN.  IF THE AGENCY DETERMINES THAT THE NEW EMPLOYER          13,050       

PROVIDES HEALTH INSURANCE COVERAGE THAT WOULD COVER THE CHILDREN,  13,051       

THE AGENCY SHALL SEND A NOTICE DESCRIBED IN DIVISION (E)(2) OF     13,053       

THIS SECTION AND A COPY OF THE CHILD SUPPORT ORDER TO THE NEW      13,054       

EMPLOYER AND SHALL SEND A COPY OF THE NOTICE TO THE OBLIGOR OR     13,055       

OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE UNDER THE     13,056       

CHILD SUPPORT ORDER.  ON RECEIPT OF THE NOTICE, THE NEW EMPLOYER   13,057       

SHALL COMPLY WITH ITS PROVISIONS.                                  13,058       

      (2)  THE NOTICE REQUIRED BY DIVISION (E)(1) SHALL CONTAIN    13,061       

THE FOLLOWING:                                                     13,062       

      (a)  A REQUIREMENT THAT THE NEW EMPLOYER TAKE WHATEVER       13,065       

ACTION IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR   13,066       

OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY        13,067       

AVAILABLE GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT,  13,068       

OR PLAN WITH COVERAGE FOR THE CHILDREN;                                         

      (b)  A REQUIREMENT THAT THE NEW EMPLOYER SUBMIT A COPY OF    13,071       

THE CHILD SUPPORT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO        13,072       

OBTAIN HEALTH CARE INSURANCE FOR THE CHILDREN TO THE INSURER AT    13,073       

                                                          319    

                                                                 
THE TIME THAT THE EMPLOYER MAKES APPLICATION TO ENROLL THE                      

CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT,  13,075       

OR PLAN;                                                                        

      (c)  A REQUIREMENT THAT, IF THE APPLICATION IS ACCEPTED,     13,078       

THE NEW EMPLOYER DEDUCT FROM THE WAGES OR OTHER INCOME OF THE      13,079       

OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN THE HEALTH INSURANCE         13,080       

COVERAGE THE COST OF THE COVERAGE FOR THE CHILDREN.                13,081       

      (d)  A STATEMENT THAT THE PROVISIONS OF THE NOTICE ARE       13,084       

FINAL AND ENFORCEABLE BY A COURT AND ARE INCORPORATED INTO THE     13,085       

CHILD SUPPORT ORDER UNLESS THE OBLIGOR OR OBLIGEE REQUIRED TO      13,086       

OBTAIN HEALTH INSURANCE COVERAGE, WITHIN TEN DAYS AFTER THE DATE   13,087       

ON WHICH THE NOTICE IS SENT, FILES A WRITTEN REQUEST WITH THE      13,088       

AGENCY REQUESTING MODIFICATION OF THE CHILD SUPPORT ORDER                       

PURSUANT TO SECTION 3113.216 OF THE REVISED CODE.                  13,091       

      (F)  A CHILD SUPPORT order issued under IN ACCORDANCE WITH,  13,094       

OR ANY ORDER ISSUED UNDER DIVISION (D) OF, this section shall be   13,095       

binding upon the obligor and the obligee, their employers, and     13,096       

any insurer that provides health insurance coverage for either of  13,097       

them or their children.  The court shall send a copy of any THE    13,098       

CHILD SUPPORT OR OTHER order issued under this section that        13,100       

contains any requirement or notice described in division (C)(1),   13,101       

(2), (3), (4), (7), (8), or (10) of this section by ordinary mail  13,102       

to the obligor, the obligee, and any employer that is subject to   13,103       

the order.  The court shall send a copy of any order issued under  13,104       

this section that contains any requirement contained in division   13,105       

(C)(9) of this section by ordinary mail to the obligor and         13,106       

obligee.                                                                        

      (F)  If an obligor does not comply with any order issued     13,108       

under this section that contains any requirement or notice         13,109       

described in division (C)(1), (2), (4), (7), (8), or (10) of this  13,110       

section within thirty days after the order is issued, the child    13,111       

support enforcement agency shall notify the court in writing of    13,112       

the failure of the obligor to comply with the order.  Upon         13,113       

receipt of the notice from the agency, the court shall issue an    13,114       

                                                          320    

                                                                 
order to the employer of the obligor requiring the employer to     13,115       

take whatever action is necessary to make application to enroll    13,116       

the obligor in any available group health insurance or health      13,117       

care policy, contract, or plan with coverage for the children who  13,118       

are the subject of the child support order, to submit a copy of    13,119       

the court order issued pursuant to division (C) of this section    13,120       

to the insurer at the time that the employer makes application to  13,121       

enroll the children in the health insurance or health care         13,122       

policy, contract, or plan, and, if the obligor's application is    13,123       

accepted, to deduct from the wages or other income of the obligor  13,124       

the cost of the coverage for the children.  Upon receipt of any    13,125       

order under this division, the employer shall take whatever        13,126       

action is necessary to comply with the order.                      13,127       

      (G)(1)  During the time that any CHILD SUPPORT order issued  13,129       

under IN ACCORDANCE WITH, OR ORDER ISSUED UNDER DIVISION (D) OF,   13,131       

this section is in effect and after the employer has received a    13,132       

copy of the order, the employer of the obligor who is the subject  13,133       

of OR OBLIGEE REQUIRED TO COMPLY WITH the order shall comply with  13,135       

the order and, upon request from the obligee OTHER PARENT or THE   13,136       

agency, shall release to the obligee THAT PARENT and the child     13,137       

support enforcement agency all information about the obligor's     13,138       

health insurance coverage that is necessary to ensure compliance   13,139       

with this section or any THE order issued under this section,      13,141       

including, but not limited to, the name and address of the         13,142       

insurer and any policy, contract, or plan number.  Any             13,143       

information provided by an employer pursuant to this division      13,144       

shall be used only for the purpose of the enforcement of an THE    13,145       

order issued under this section.                                   13,147       

      (2)  Any employer who receives a copy of an order issued     13,149       

under DESCRIBED IN DIVISION (G)(1) OF this section shall notify    13,151       

the child support enforcement agency of any change in or the       13,152       

termination of the obligor's health insurance coverage that is     13,153       

maintained pursuant to an THE order issued under this section.     13,155       

      (G)(3)  Any insurer that receives a copy of an order issued  13,157       

                                                          321    

                                                                 
under DESCRIBED IN DIVISION (G)(1) OF this section shall comply    13,159       

with this section and any order issued under this section,         13,160       

regardless of the residence of the children.  If an insurer        13,161       

provides health insurance coverage for the children who are the    13,162       

subject of a child support order in accordance with an THE CHILD   13,163       

SUPPORT order OR AN ORDER issued under DIVISION (D) OF this        13,164       

section, the insurer shall reimburse the parent, who is            13,165       

designated to receive reimbursement in the CHILD SUPPORT order     13,166       

issued under this section, for covered out-of-pocket medical,      13,168       

optical, hospital, dental, or prescription expenses incurred on    13,169       

behalf of the children subject to the order.                                    

      (H)  If an obligee under a child support order ISSUED IN     13,171       

ACCORDANCE WITH SECTION 2151.23, 2151.231, 2151.232, 2151.33,      13,172       

2151.36, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,     13,174       

3113.07, 3113.216, 3113.31, OR 3115.30 is eligible for medical     13,176       

assistance under Chapter 5111. or 5115. of the Revised Code and    13,177       

the obligor has obtained health insurance coverage pursuant to an  13,178       

order issued under division (C) of this section, the obligee       13,179       

shall notify any physician, hospital, or other provider of         13,180       

medical services for which medical assistance is available of the  13,181       

name and address of the obligor's insurer and of the number of     13,182       

the obligor's health insurance or health care policy, contract,    13,183       

or plan.  Any physician, hospital, or other provider of medical    13,184       

services for which medical assistance is available under Chapter   13,185       

5111. or 5115. of the Revised Code who is notified under this      13,186       

division of the existence of a health insurance or health care     13,187       

policy, contract, or plan with coverage for children who are       13,188       

eligible for medical assistance first shall bill the insurer for   13,189       

any services provided for those children.  If the insurer fails    13,190       

to pay all or any part of a claim filed under this division by     13,191       

the physician, hospital, or other medical services provider and    13,192       

the services for which the claim is filed are covered by Chapter   13,193       

5111. or 5115. of the Revised Code, the physician, hospital, or                 

other medical services provider shall bill the remaining unpaid    13,194       

                                                          322    

                                                                 
costs of the services in accordance with Chapter 5111. or 5115.    13,195       

of the Revised Code.                                               13,196       

      (I)  Any obligor who fails to comply with an A CHILD         13,198       

SUPPORT order issued under IN ACCORDANCE WITH, OR AN ORDER ISSUED  13,200       

UNDER DIVISION (D) OF, this section is liable to the obligee for   13,201       

any medical expenses incurred as a result of the failure to        13,203       

comply with the order.  AN OBLIGEE WHO FAILS TO COMPLY WITH A      13,205       

CHILD SUPPORT ORDER ISSUED IN ACCORDANCE WITH, OR AN ORDER ISSUED  13,206       

UNDER DIVISION (D) OF, THIS SECTION IS LIABLE TO THE OBLIGOR FOR   13,208       

ANY MEDICAL EXPENSES INCURRED AS A RESULT OF THE FAILURE TO        13,209       

COMPLY WITH THE ORDER.                                                          

      (J)  Whoever violates an A CHILD SUPPORT order issued under  13,212       

IN ACCORDANCE WITH, OR AN ORDER ISSUED UNDER DIVISION (D) OF,      13,213       

this section may be punished as for contempt under Chapter 2705.   13,214       

of the Revised Code.  If an obligor is found in contempt under     13,215       

that chapter for failing to comply with an A CHILD SUPPORT order   13,216       

issued under IN ACCORDANCE WITH, OR AN ORDER ISSUED UNDER          13,217       

DIVISION (D) OF, this section and if the obligor previously has    13,219       

been found in contempt under that chapter, the court shall         13,220       

consider the obligor's failure to comply with the court's order    13,221       

as a change in circumstances for the purpose of modification of    13,222       

the amount of support due under the child support order that is    13,223       

the basis of the order issued under this section.                  13,224       

      (K)  Nothing in this section shall be construed to require   13,226       

an insurer to accept for enrollment any child who does not meet    13,227       

the underwriting standards of the health insurance or health care  13,228       

policy, contract, or plan for which application is made.           13,229       

      (L)  Notwithstanding section 3109.01 of the Revised Code,    13,231       

if a court issues an order under this section requiring a parent   13,232       

to obtain health insurance coverage for the children who are the   13,233       

subject of a child support order, the order shall remain in        13,234       

effect beyond the child's eighteenth birthday as long as the       13,235       

child continuously attends on a full-time basis any recognized     13,236       

and accredited high school.  Any parent ordered to obtain health   13,237       

                                                          323    

                                                                 
insurance coverage for the children who are the subject of a       13,238       

child support order shall continue to obtain the coverage for the  13,239       

children under the order, including during seasonal vacation       13,240       

periods, until the order terminates AN ORDER ISSUED PURSUANT TO    13,242       

THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT TO      13,244       

PROVIDE FOR THE HEALTH CARE NEEDS OF CHILDREN SUBJECT TO A CHILD   13,245       

SUPPORT ORDER ISSUED PURSUANT TO SECTION 2151.23, 2151.231,        13,246       

2151.232, 2151.33, 2151.36, 2151.49, 3105.21, 3109.05, 3109.19,    13,248       

3111.13, 3113.04, 3113.07, 3113.216, 3113.31, OR 3115.30 OF THE    13,249       

REVISED CODE, SHALL REMAIN IN FULL FORCE AND EFFECT AND SHALL BE   13,251       

CONSIDERED A REQUIREMENT INCLUDED AS PART OF THE CHILD SUPPORT     13,252       

ORDER.  THE CHILD SUPPORT ORDER SHALL BE SUBJECT TO THE            13,253       

PROVISIONS OF THIS SECTION ON AND AFTER THE EFFECTIVE DATE OF      13,254       

THIS AMENDMENT.                                                                 

      Sec. 3113.218.  (A)  As used in this section, "child         13,263       

support order" has the same meaning as in section 3113.215 of the  13,265       

Revised Code.                                                                   

      (B)  In any action or proceeding in which a child support    13,267       

order is issued or modified on or after July 1, 1990, under        13,268       

Chapter 3115. or section 2151.23, 2151.231, 2151.232, 2151.33,     13,270       

2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,     13,271       

3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the    13,273       

court that issues or modifies the order shall include in the       13,274       

order, in addition to any provision required by any of those       13,275       

sections or by any other section of the Revised Code, all of the   13,276       

following:                                                                      

      (1)  A requirement that, regardless of the frequency or      13,278       

amount of child support payments to be made under the order, the   13,279       

child support enforcement agency that is required to administer    13,280       

the order shall administer it on a monthly basis, in accordance    13,281       

with this section;                                                 13,282       

      (2)  A specification of the monthly amount due under the     13,284       

child support order for purposes of its monthly administration,    13,285       

as determined under division (D) of this section;                  13,286       

                                                          324    

                                                                 
      (3)  A statement that payments under the order are to be     13,288       

made in the manner ordered by the court, and that if the payments  13,289       

are to be made other than on a monthly basis, the required         13,290       

monthly administration by the agency does not affect the           13,291       

frequency or the amount of the child support payments to be made   13,292       

under the order.                                                   13,293       

      (C)  If a child support enforcement agency is required by    13,295       

statute or court order to administer a child support order that    13,296       

was issued or modified on or after July 1, 1990, the agency shall  13,297       

administer the order on a monthly basis, in accordance with the    13,298       

provisions of the order that contain the information described in  13,299       

division (B) of this section.                                      13,300       

      (D)  If a court issues or modifies a child support order on  13,302       

or after July 1, 1990, and if the child support payments due       13,303       

under the order are to be made other than on a monthly basis, the  13,304       

court shall calculate a monthly amount due under the child         13,305       

support order, for purposes of its monthly administration, in the  13,306       

following manner:                                                  13,307       

      (1)  If the child support order is to be paid weekly,        13,309       

multiply the weekly amount of child support due under the order    13,310       

by fifty-two and divide the resulting product by twelve;           13,311       

      (2)  If the child support order is to be paid biweekly,      13,313       

multiply the biweekly amount of child support due under the order  13,314       

by twenty-six and divide the resulting product by twelve;          13,315       

      (3)  If the child support order is to be paid periodically   13,317       

but is not to be paid weekly, biweekly, or monthly, multiply the   13,318       

periodic amount of child support due by an appropriate number to   13,319       

obtain the annual amount of child support due under the order and  13,320       

divide the annual amount of child support due by twelve.           13,321       

      (E)  If the payments under a child support order are to be   13,323       

made other than on a monthly basis, the required monthly           13,324       

administration of the order by a child support enforcement agency  13,325       

pursuant to this section shall not affect the frequency or the     13,326       

amount of the child support payments to be made under the order.   13,327       

                                                          325    

                                                                 
      (F)  The provisions of this section do not apply in          13,329       

relation to a child support order unless the order was issued or   13,330       

modified on or after July 1, 1990.                                 13,331       

      Sec. 3113.219.  (A)  On or after July 1, 1992, when a court  13,340       

issues or modifies a support order under Chapter 3115. or section  13,341       

2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18,   13,342       

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    13,345       

or 3113.31 of the Revised Code or in any proceeding in which a     13,346       

court determines the amount of support to be paid pursuant to a    13,347       

support order, the court shall determine the date the obligor      13,348       

failed to pay the support required under the support order and     13,349       

the amount of support the obligor failed to pay.  If the court     13,350       

determines the obligor has failed at any time to comply with a     13,351       

support order, the court shall issue a new order requiring the     13,352       

obligor to pay support.  If the court determines that the failure  13,353       

to pay was willful, the court shall assess interest on the amount  13,354       

of support the obligor failed to pay from the date the court       13,355       

specifies as the original date the obligor failed to comply with   13,356       

the order requiring the payment of support to the date the court   13,357       

issues the new order requiring the payment of support and shall    13,358       

compute the interest at the rate specified in division (A) of      13,359       

section 1343.03 of the Revised Code.  The court shall specify in   13,360       

the support order the amount of interest the court assessed        13,361       

against the obligor and incorporate the amount of interest into    13,362       

the new monthly payment plan.                                                   

      (B)  On or after July 1, 1992, when a court issues or        13,364       

modifies a support order under Chapter 3115. or section 2151.23,   13,365       

2151.231, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05,    13,366       

3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the    13,367       

Revised Code or in any proceeding in which a court determines the  13,368       

amount of support to be paid pursuant to a support order, the      13,369       

court may include in the support order a statement ordering        13,370       

either party to pay the costs of the action, including, but not    13,371       

limited to, attorney's fees, fees for genetic tests in contested   13,372       

                                                          326    

                                                                 
actions under sections 3111.01 to 3111.19 of the Revised Code,     13,373       

and court costs.                                                                

      Sec. 3113.31.  (A)  As used in this section:                 13,382       

      (1)  "Domestic violence" means the occurrence of one or      13,384       

more of the following acts against a family or household member:   13,385       

      (a)  Attempting to cause or recklessly causing bodily        13,387       

injury;                                                            13,388       

      (b)  Placing another person by the threat of force in fear   13,390       

of imminent serious physical harm or committing a violation of     13,391       

section 2903.211 or 2911.211 of the Revised Code;                  13,392       

      (c)  Committing any act with respect to a child that would   13,394       

result in the child being an abused child, as defined in section   13,395       

2151.031 of the Revised Code.                                      13,396       

      (2)  "Court" means the domestic relations division of the    13,398       

court of common pleas in counties that have a domestic relations   13,399       

division, and the court of common pleas in counties that do not    13,400       

have a domestic relations division.                                13,401       

      (3)  "Family or household member" means any of the           13,403       

following:                                                         13,404       

      (a)  Any of the following who is residing with or has        13,406       

resided with the respondent:                                       13,407       

      (i)  A spouse, a person living as a spouse, or a former      13,409       

spouse of the respondent;                                          13,410       

      (ii)  A parent or a child of the respondent, or another      13,412       

person related by consanguinity or affinity to the respondent;     13,413       

      (iii)  A parent or a child of a spouse, person living as a   13,415       

spouse, or former spouse of the respondent, or another person      13,416       

related by consanguinity or affinity to a spouse, person living    13,417       

as a spouse, or former spouse of the respondent.                   13,418       

      (b)  The natural parent of any child of whom the respondent  13,420       

is the other natural parent or is the putative other natural       13,421       

parent.                                                                         

      (4)  "Person living as a spouse" means a person who is       13,423       

living or has lived with the respondent in a common law marital    13,424       

                                                          327    

                                                                 
relationship, who otherwise is cohabiting with the respondent, or  13,426       

who otherwise has cohabited with the respondent within five years  13,427       

prior to the date of the alleged occurrence of the act in                       

question.                                                                       

      (5)  "Victim advocate" means a person who provides support   13,429       

and assistance for a person who files a petition under this        13,430       

section.                                                                        

      (B)  The court has jurisdiction over all proceedings under   13,432       

this section.  The petitioner's right to relief under this         13,433       

section is not affected by the petitioner's leaving the residence  13,434       

or household to avoid further domestic violence.                   13,435       

      (C)  A person may seek relief under this section on the      13,437       

person's own behalf, or any parent or adult household member may   13,439       

seek relief under this section on behalf of any other family or                 

household member, by filing a petition with the court.  The        13,440       

petition shall contain or state:                                   13,441       

      (1)  An allegation that the respondent engaged in domestic   13,443       

violence against a family or household member of the respondent,   13,444       

including a description of the nature and extent of the domestic   13,445       

violence;                                                          13,446       

      (2)  The relationship of the respondent to the petitioner,   13,448       

and to the victim if other than the petitioner;                    13,449       

      (3)  A request for relief under this section.                13,451       

      (D)(1)  If a person who files a petition pursuant to this    13,453       

section requests an ex parte order, the court shall hold an ex     13,454       

parte hearing on the same day that the petition is filed.  The     13,455       

court, for good cause shown at the ex parte hearing, may enter     13,456       

any temporary orders, with or without bond, including, but not     13,457       

limited to, an order described in division (E)(1)(a), (b), or (c)  13,458       

of this section, that the court finds necessary to protect the     13,459       

family or household member from domestic violence.  Immediate and  13,460       

present danger of domestic violence to the family or household     13,461       

member constitutes good cause for purposes of this section.        13,462       

Immediate and present danger includes, but is not limited to,      13,463       

                                                          328    

                                                                 
situations in which the respondent has threatened the family or    13,464       

household member with bodily harm or in which the respondent       13,465       

previously has been convicted of or pleaded guilty to an offense   13,467       

that constitutes domestic violence against the family or                        

household member.                                                  13,468       

      (2)(a)  If the court, after an ex parte hearing, issues an   13,470       

order described in division (E)(1)(b) or (c) of this section, the  13,471       

court shall schedule a full hearing for a date that is within      13,472       

seven court days after the ex parte hearing.  If any other type    13,473       

of protection order that is authorized under division (E) of this  13,474       

section is issued by the court after an ex parte hearing, the      13,475       

court shall schedule a full hearing for a date that is within ten  13,476       

court days after the ex parte hearing.  The court shall give the   13,477       

respondent notice of, and an opportunity to be heard at, the full  13,479       

hearing.  The court shall hold the full hearing on the date        13,480       

scheduled under this division unless the court grants a            13,481       

continuance of the hearing in accordance with this division.                    

Under any of the following circumstances or for any of the         13,482       

following reasons, the court may grant a continuance of the full   13,483       

hearing to a reasonable time determined by the court:              13,484       

      (i)  Prior to the date scheduled for the full hearing under  13,486       

this division, the respondent has not been served with the         13,487       

petition filed pursuant to this section and notice of the full     13,488       

hearing.                                                                        

      (ii)  The parties consent to the continuance.                13,490       

      (iii)  The continuance is needed to allow a party to obtain  13,492       

counsel.                                                           13,493       

      (iv)  The continuance is needed for other good cause.        13,495       

      (b)  An ex parte order issued under this section does not    13,497       

expire because of a failure to serve notice of the full hearing    13,498       

upon the respondent before the date set for the full hearing       13,499       

under division (D)(2)(a) of this section or because the court      13,500       

grants a continuance under that division.                          13,501       

      (3)  If a person who files a petition pursuant to this       13,503       

                                                          329    

                                                                 
section does not request an ex parte order, or if a person         13,504       

requests an ex parte order but the court does not issue an ex      13,505       

parte order after an ex parte hearing, the court shall proceed as  13,506       

in a normal civil action and grant a full hearing on the matter.   13,507       

      (E)(1)  After an ex parte or full hearing, the court may     13,509       

grant any protection order, with or without bond, or approve any   13,510       

consent agreement to bring about a cessation of domestic violence  13,511       

against the family or household members.  The order or agreement   13,512       

may:                                                               13,513       

      (a)  Direct the respondent to refrain from abusing the       13,515       

family or household members;                                       13,516       

      (b)  Grant possession of the residence or household to the   13,518       

petitioner or other family or household member, to the exclusion   13,519       

of the respondent, by evicting the respondent, when the residence  13,520       

or household is owned or leased solely by the petitioner or other  13,521       

family or household member, or by ordering the respondent to       13,522       

vacate the premises, when the residence or household is jointly    13,523       

owned or leased by the respondent, and the petitioner or other     13,524       

family or household member;                                        13,525       

      (c)  When the respondent has a duty to support the           13,527       

petitioner or other family or household member living in the       13,528       

residence or household and the respondent is the sole owner or     13,529       

lessee of the residence or household, grant possession of the      13,530       

residence or household to the petitioner or other family or        13,531       

household member, to the exclusion of the respondent, by ordering  13,532       

the respondent to vacate the premises, or, in the case of a        13,533       

consent agreement, allow the respondent to provide suitable,       13,534       

alternative housing;                                               13,535       

      (d)  Temporarily allocate parental rights and                13,537       

responsibilities for the care of, or establish temporary           13,538       

visitation rights with regard to, minor children, if no other      13,539       

court has determined, or is determining, the allocation of         13,540       

parental rights and responsibilities for the minor children or     13,541       

visitation rights;                                                 13,542       

                                                          330    

                                                                 
      (e)  Require the respondent to maintain support, if the      13,544       

respondent customarily provides for or contributes to the support  13,545       

of the family or household member, or if the respondent has a      13,546       

duty to support the petitioner or family or household member;      13,547       

      (f)  Require the respondent, petitioner, victim of domestic  13,549       

violence, or any combination of those persons, to seek             13,550       

counseling;                                                        13,551       

      (g)  Require the respondent to refrain from entering the     13,553       

residence, school, business, or place of employment of the         13,554       

petitioner or family or household member;                          13,555       

      (h)  Grant other relief that the court considers equitable   13,557       

and fair, including, but not limited to, ordering the respondent   13,558       

to permit the use of a motor vehicle by the petitioner or other    13,559       

family or household member and the apportionment of household and  13,560       

family personal property.                                          13,561       

      (2)  If a protection order has been issued pursuant to this  13,563       

section in a prior action involving the respondent and the         13,564       

petitioner or one or more of the family or household members, the  13,565       

court may include in a protection order that it issues a           13,566       

prohibition against the respondent returning to the residence or   13,567       

household.  If it includes a prohibition against the respondent    13,569       

returning to the residence or household in the order, it also      13,570       

shall include in the order provisions of the type described in     13,571       

division (E)(7) of this section.  This division does not preclude  13,573       

the court from including in a protection order or consent          13,574       

agreement, in circumstances other than those described in this     13,575       

division, a requirement that the respondent be evicted from or     13,576       

vacate the residence or household or refrain from entering the     13,577       

residence, school, business, or place of employment of the         13,578       

petitioner or a family or household member, and, if the court      13,579       

includes any requirement of that type in an order or agreement,    13,580       

the court also shall include in the order provisions of the type   13,581       

described in division (E)(7) of this section.                      13,582       

      (3)(a)  Any protection order issued or consent agreement     13,585       

                                                          331    

                                                                 
approved under this section shall be valid until a date certain,   13,586       

but not later than five years from the date of its issuance or     13,587       

approval.                                                                       

      (b)  Subject to the limitation on the duration of an order   13,589       

or agreement set forth in division (E)(3)(a) of this section, any  13,590       

order under division (E)(1)(d) of this section shall terminate on  13,591       

the date that a court in an action for divorce, dissolution of     13,593       

marriage, or legal separation brought by the petitioner or                      

respondent issues an order allocating parental rights and          13,594       

responsibilities for the care of children or on the date that a    13,595       

juvenile court in an action brought by the petitioner or           13,596       

respondent issues an order awarding legal custody of minor         13,597       

children.  Subject to the limitation on the duration of an order                

or agreement set forth in division (E)(3)(a) of this section, any  13,598       

order under division (E)(1)(e) of this section shall terminate on  13,599       

the date that a court in an action for divorce, dissolution of     13,600       

marriage, or legal separation brought by the petitioner or         13,601       

respondent issues a support order or on the date that a juvenile   13,602       

court in an action brought by the petitioner or respondent issues               

a support order.                                                   13,603       

      (c)  Any protection order issued or consent agreement        13,606       

approved pursuant to this section may be renewed in the same       13,607       

manner as the original order or agreement was issued or approved.  13,608       

      (4)  A court may not issue a protection order that requires  13,610       

a petitioner to do or to refrain from doing an act that the court  13,611       

may require a respondent to do or to refrain from doing under      13,612       

division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this        13,613       

section unless all of the following apply:                                      

      (a)  The respondent files a separate petition for a          13,615       

protection order in accordance with this section.                  13,616       

      (b)  The petitioner is served notice of the respondent's     13,618       

petition at least forty-eight hours before the court holds a       13,619       

hearing with respect to the respondent's petition, or the          13,620       

petitioner waives the right to receive this notice.                13,621       

                                                          332    

                                                                 
      (c)  If the petitioner has requested an ex parte order       13,623       

pursuant to division (D) of this section, the court does not       13,624       

delay any hearing required by that division beyond the time        13,625       

specified in that division in order to consolidate the hearing     13,626       

with a hearing on the petition filed by the respondent.                         

      (d)  After a full hearing at which the respondent presents   13,628       

evidence in support of the request for a protection order and the  13,629       

petitioner is afforded an opportunity to defend against that       13,630       

evidence, the court determines that the petitioner has committed   13,631       

an act of domestic violence or has violated a temporary            13,632       

protection order issued pursuant to section 2919.26 of the                      

Revised Code, that both the petitioner and the respondent acted    13,633       

primarily as aggressors, and that neither the petitioner nor the   13,634       

respondent acted primarily in self-defense.                        13,635       

      (5)  No protection order issued or consent agreement         13,637       

approved under this section shall in any manner affect title to    13,639       

any real property.                                                              

      (6)(a)  If a petitioner, or the child of a petitioner, who   13,641       

obtains a protection order or consent agreement pursuant to        13,642       

division (E)(1) of this section or a temporary protection order    13,643       

pursuant to section 2919.26 of the Revised Code and is the         13,644       

subject of a visitation or companionship order issued pursuant to  13,645       

section 3109.051, 3109.11, or 3109.12 of the Revised Code or       13,646       

division (E)(1)(d) of this section granting visitation or          13,647       

companionship rights to the respondent, the court may require the  13,648       

public children services agency of the county in which the court   13,649       

is located to provide supervision of the respondent's exercise of               

visitation or companionship rights with respect to the child for   13,650       

a period not to exceed nine months, if the court makes the         13,651       

following findings of fact:                                        13,652       

      (i)  The child is in danger from the respondent;             13,654       

      (ii)  No other person or agency is available to provide the  13,656       

supervision or other services.                                     13,657       

      (b)  A court that requires an agency to provide supervision  13,659       

                                                          333    

                                                                 
or other services pursuant to division (E)(6)(a) of this section   13,662       

shall order the respondent to reimburse the agency for the cost    13,663       

of providing the supervision or other services, if it determines                

that the respondent has sufficient income or resources to pay      13,665       

that cost.                                                                      

      (7)(a)  If a protection order issued or consent agreement    13,667       

approved under this section includes a requirement that the        13,668       

respondent be evicted from or vacate the residence or household    13,669       

or refrain from entering the residence, school, business, or       13,670       

place of employment of the petitioner or a family or household     13,671       

member, the order or agreement shall state clearly that the order  13,672       

or agreement cannot be waived or nullified by an invitation to     13,673       

the respondent from the petitioner or other family or household    13,674       

member to enter the residence, school, business, or place of       13,675       

employment or by the respondent's entry into one of those places   13,676       

otherwise upon the consent of the petitioner or other family or    13,677       

household member.                                                  13,678       

      (b)  Division (E)(7)(a) of this section does not limit any   13,681       

discretion of a court to determine that a respondent charged with  13,682       

a violation of section 2919.27 of the Revised Code, with a         13,683       

violation of a municipal ordinance substantially equivalent to     13,684       

that section, or with contempt of court, which charge is based on  13,685       

an alleged violation of a protection order issued or consent       13,686       

aggreement AGREEMENT approved under this section, did not commit   13,688       

the violation or was not in contempt of court.                     13,689       

      (F)(1)  A copy of any protection order, or consent           13,691       

agreement, that is issued or approved under this section shall be  13,692       

issued by the court to the petitioner, to the respondent, and to   13,693       

all law enforcement agencies that have jurisdiction to enforce     13,694       

the order or agreement.  The court shall direct that a copy of an  13,695       

order be delivered to the respondent on the same day that the      13,696       

order is entered.                                                  13,697       

      (2)  All law enforcement agencies shall establish and        13,699       

maintain an index for the protection orders and the approved       13,700       

                                                          334    

                                                                 
consent agreements delivered to the agencies pursuant to division  13,701       

(F)(1) of this section.  With respect to each order and consent    13,702       

agreement delivered, each agency shall note on the index, the      13,703       

date and time that it received the order or consent agreement.     13,704       

      (3)  Regardless of whether the petitioner has registered     13,706       

the order or agreement in the county in which the officer's        13,707       

agency has jurisdiction pursuant to division (N) of this section,  13,708       

any officer of a law enforcement agency shall enforce a            13,710       

protection order issued or consent agreement approved by any                    

court in this state in accordance with the provisions of the       13,712       

order or agreement, including removing the respondent from the     13,713       

premises, if appropriate.                                                       

      (G)  Any proceeding under this section shall be conducted    13,715       

in accordance with the Rules of Civil Procedure, except that an    13,716       

order under this section may be obtained with or without bond.     13,717       

An order issued under this section, other than an ex parte order,  13,718       

that grants a protection order or approves a consent agreement,    13,719       

or that refuses to grant a protection order or approve a consent   13,720       

agreement, is a final, appealable order.  The remedies and         13,721       

procedures provided in this section are in addition to, and not    13,723       

in lieu of, any other available civil or criminal remedies.        13,724       

      (H)  The filing of proceedings under this section does not   13,726       

excuse a person from filing any report or giving any notice        13,727       

required by section 2151.421 of the Revised Code or by any other   13,728       

law.  When a petition under this section alleges domestic          13,729       

violence against minor children, the court shall report the fact,  13,730       

or cause reports to be made, to a county, township, or municipal   13,731       

peace officer under section 2151.421 of the Revised Code.          13,732       

      (I)  Any law enforcement agency that investigates a          13,734       

domestic dispute shall provide information to the family or        13,735       

household members involved regarding the relief available under    13,736       

this section and section 2919.26 of the Revised Code.              13,737       

      (J)  Notwithstanding any provision of law to the contrary,   13,739       

no court shall charge a fee for the filing of a petition pursuant  13,740       

                                                          335    

                                                                 
to this section.                                                   13,741       

      (K)(1)  Each order for support made or modified under this   13,743       

section on or after December 31, 1993, shall include as part of    13,744       

the order a general provision, as described in division (A)(1) of  13,745       

section 3113.21 of the Revised Code, requiring the withholding or  13,746       

deduction of wages INCOME or assets of the obligor under the       13,747       

order as described in division (D) of section 3113.21 of the       13,749       

Revised Code or another type of appropriate requirement as         13,750       

described in division (D)(6)(3), (D)(7)(4), or (H) of that         13,751       

section, to ensure that withholding or deduction from the wages    13,753       

INCOME or assets of the obligor is available from the              13,754       

commencement of the support order for collection of the support    13,755       

and of any arrearages that occur; a statement requiring all        13,756       

parties to the order to notify the child support enforcement       13,757       

agency in writing of their current mailing address, their current  13,758       

residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT     13,759       

DRIVER'S LICENSE NUMBER, and any changes in either address TO      13,760       

THAT INFORMATION; and a notice that the requirement to notify the  13,761       

agency of all changes in either address TO THAT INFORMATION        13,762       

continues until further notice from the court.  The court shall    13,764       

comply with sections 3113.21 to 3113.219 of the Revised Code when  13,765       

it makes or modifies an order for child support under this         13,766       

section on or after April 12, 1990.                                13,767       

      If any person required to pay child support under an order   13,769       

made under this section on or after April 15, 1985, or modified    13,770       

under this section on or after December 31, 1986, is found in      13,771       

contempt of court for failure to make support payments under the   13,772       

order, the court that makes the finding, in addition to any other  13,773       

penalty or remedy imposed, shall assess all court costs arising    13,774       

out of the contempt proceeding against the person and require the  13,775       

person to pay any reasonable attorney's fees of any adverse        13,776       

party, as determined by the court, that arose in relation to the   13,777       

act of contempt.                                                   13,778       

      (2)  Notwithstanding section 3109.01 of the Revised Code,    13,780       

                                                          336    

                                                                 
if a court issues a child support order under this section, the    13,781       

order shall remain in effect beyond the child's eighteenth         13,782       

birthday as long as the child continuously attends on a full-time  13,783       

basis any recognized and accredited high school OR THE ORDER       13,784       

PROVIDES THAT THE DUTY OF SUPPORT OF THE CHILD CONTINUES BEYOND    13,785       

THE CHILD'S EIGHTEENTH BIRTHDAY.  EXCEPT IN CASES IN WHICH THE     13,786       

ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY PERIOD   13,787       

AFTER THE CHILD REACHES NINETEEN YEARS OF AGE, THE ORDER SHALL     13,788       

NOT REMAIN IN EFFECT AFTER THE CHILD REACHES NINETEEN YEARS OF     13,789       

AGE.  Any parent ordered to pay support under a child support      13,790       

order issued under this section shall continue to pay support      13,791       

under the order, including during seasonal vacation periods,       13,792       

until the order terminates.                                        13,793       

      (L)(1)  A person who violates a protection order issued or   13,795       

a consent agreement approved under this section is subject to the  13,796       

following sanctions:                                               13,797       

      (a)  Criminal prosecution for a violation of section         13,799       

2919.27 of the Revised Code, if the violation of the protection    13,800       

order or consent agreement constitutes a violation of that         13,801       

section;                                                           13,802       

      (b)  Punishment for contempt of court.                       13,804       

      (2)  The punishment of a person for contempt of court for    13,806       

violation of a protection order issued or a consent agreement      13,807       

approved under this section does not bar criminal prosecution of   13,808       

the person for a violation of section 2919.27 of the Revised       13,809       

Code.  However, a person punished for contempt of court is         13,810       

entitled to credit for the punishment imposed upon conviction of   13,811       

a violation of that section, and a person convicted of a           13,812       

violation of that section shall not subsequently be punished for   13,813       

contempt of court arising out of the same activity.                13,814       

      (M)  In all stages of a proceeding under this section, a     13,816       

petitioner may be accompanied by a victim advocate.                13,817       

      (N)(1)  A petitioner who obtains a protection order or       13,819       

consent agreement under this section or a temporary protection     13,820       

                                                          337    

                                                                 
order under section 2919.26 of the Revised Code may provide        13,821       

notice of the issuance or approval of the order or agreement to    13,822       

the judicial and law enforcement officials in any county other                  

than the county in which the order is issued or the agreement is   13,823       

approved by registering that order or agreement in the other       13,824       

county pursuant to division (N)(2) of this section and filing a    13,825       

copy of the registered order or registered agreement with a law    13,826       

enforcement agency in the other county in accordance with that     13,827       

division.  A person who obtains a protection order issued by a                  

court of another state may provide notice of the issuance of the   13,828       

order to the judicial and law enforcement officials in any county  13,829       

of this state by registering the order in that county pursuant to  13,830       

section 2919.272 of the Revised Code and filing a copy of the      13,831       

registered order with a law enforcement agency in that county.     13,832       

      (2)  A petitioner may register a temporary protection        13,834       

order, protection order, or consent agreement in a county other    13,835       

than the county in which the court that issued the order or        13,836       

approved the agreement is located in the following manner:         13,837       

      (a)  The petitioner shall obtain a certified copy of the     13,839       

order or agreement from the clerk of the court that issued the     13,840       

order or approved the agreement and present that certified copy    13,841       

to the clerk of the court of common pleas or the clerk of a        13,842       

municipal court or county court in the county in which the order   13,843       

or agreement is to be registered.                                  13,844       

      (b)  Upon accepting the certified copy of the order or       13,846       

agreement for registration, the clerk of the court of common       13,847       

pleas, municipal court, or county court shall place an             13,848       

endorsement of registration on the order or agreement and give     13,849       

the petitioner a copy of the order or agreement that bears that    13,850       

proof of registration.                                             13,851       

      (3)  The clerk of each court of common pleas, the clerk of   13,853       

each municipal court, and the clerk of each county court shall     13,854       

maintain a registry of certified copies of temporary protection    13,855       

orders, protection orders, or consent agreements that have been    13,856       

                                                          338    

                                                                 
issued or approved by courts in other counties and that have been  13,857       

registered with the clerk.                                         13,858       

      (4)  If a petitioner who obtains a protection order or       13,860       

consent agreement under this section or a temporary protection     13,861       

order under section 2919.26 of the Revised Code wishes to          13,862       

register the order or agreement in any county other than the       13,863       

county in which the order was issued or the agreement was                       

approved, pursuant to divisions (N)(1) to (3) of this section,     13,864       

and if the petitioner is indigent, both of the following apply:    13,865       

      (a)  If the petitioner submits to the clerk of the court     13,867       

that issued the order or approved the agreement satisfactory       13,868       

proof that the petitioner is indigent, the clerk may waive any     13,869       

fee that otherwise would be required for providing the petitioner  13,870       

with a certified copy of the order or agreement to be used for                  

purposes of divisions (N)(1) to (3) of this section;               13,871       

      (b)  If the petitioner submits to the clerk of the court of  13,873       

common pleas or the clerk of a municipal court or county court in  13,874       

the county in which the order or agreement is to be registered     13,876       

satisfactory proof that the petitioner is indigent, the clerk may  13,877       

waive any fee that otherwise would be required for accepting for                

registration a certified copy of the order or agreement, for       13,878       

placing an endorsement of registration on the order or agreement,  13,879       

or for giving the petitioner a copy of the order or agreement      13,880       

that bears the proof of registration.                              13,881       

      Sec. 3113.99.  (A)  For purposes of this section:            13,891       

      (1)  "Child support order" means an order for support        13,893       

issued or modified under Chapter 3115. or section 2151.23,         13,894       

2151.231, 2151.232, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05,   13,896       

3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised     13,897       

Code.                                                                           

      (2)  "Obligor" means a person who is required to pay         13,899       

support under a child support order.                               13,900       

      (B)  Whoever violates section 3113.06 of the Revised Code    13,902       

is guilty of a misdemeanor of the first degree.  If the offender   13,903       

                                                          339    

                                                                 
previously has been convicted of or pleaded guilty to a violation  13,904       

of section 3113.06 of the Revised Code or if the court finds that  13,905       

the offender has failed to pay the cost of child maintenance       13,906       

under section 3113.06 of the Revised Code for a total accumulated  13,907       

period of twenty-six weeks out of one hundred four consecutive     13,908       

weeks, whether or not the twenty-six weeks were consecutive, a                  

violation of section 3113.06 of the Revised Code is a felony of    13,909       

the fifth degree.                                                  13,910       

      (C)  An obligor who violates division (D)(1)(c) of section   13,913       

3113.21 of the Revised Code shall be fined not more than fifty     13,914       

dollars for a first offense, not more than one hundred dollars     13,915       

for a second offense, and not more than five hundred dollars for   13,916       

each subsequent offense.                                                        

      (D)  An obligor who violates division (G)(2) of section      13,918       

3113.21 of the Revised Code shall be fined not more than fifty     13,919       

dollars for a first offense, not more than one hundred dollars     13,921       

for a second offense, and not more than five hundred dollars for   13,922       

each subsequent offense.                                                        

      (E)  A fine amount imposed pursuant to division (C) or (D)   13,925       

of this section shall be paid to the DIVISION OF child support                  

enforcement agency administering the obligor's child support       13,927       

order IN THE DEPARTMENT OF HUMAN SERVICES OR, PURSUANT TO          13,929       

DIVISION (H)(4) OF SECTION 2301.35 OF THE REVISED CODE, THE CHILD  13,930       

SUPPORT ENFORCEMENT AGENCY.  The amount of the fine that does not  13,933       

exceed the amount of arrearage under the child support order       13,934       

shall be disbursed in accordance with the child support order.     13,935       

The amount of the fine that exceeds the amount of the arrearage                 

order shall be used by the agency for the administration of its    13,938       

program for child support enforcement CALLED PROGRAM INCOME AND    13,939       

COLLECTED IN ACCORDANCE WITH SECTION 5101.325 OF THE REVISED       13,940       

CODE.                                                                           

      Sec. 3115.01.  AS USED IN SECTIONS 3115.01 TO 3115.59 OF     13,942       

THE REVISED CODE:                                                               

      (A)  "CHILD" MEANS AN INDIVIDUAL UNDER THE AGE OF MAJORITY,  13,944       

                                                          340    

                                                                 
WHO IS OR IS ALLEGED TO BE OWED A DUTY OF SUPPORT BY THE           13,945       

INDIVIDUAL'S PARENT OR WHO IS OR IS ALLEGED TO BE THE BENEFICIARY  13,946       

OF A SUPPORT ORDER DIRECTED TO THE PARENT.                         13,947       

      (B)  "CHILD SUPPORT ORDER" MEANS AN ORDER FOR THE SUPPORT    13,949       

OF A CHILD THAT PROVIDES FOR MONETARY SUPPORT, WHETHER CURRENT OR  13,950       

IN ARREARS, HEALTH CARE, OR REIMBURSEMENTS, AND MAY INCLUDE        13,951       

RELATED COSTS AND FEES, INTEREST, INCOME WITHHOLDING               13,952       

REQUIREMENTS, ATTORNEY FEES, AND OTHER RELIEF.  "CHILD SUPPORT     13,953       

ORDER" INCLUDES ORDERS UNDER WHICH THE CHILD HAS ATTAINED THE AGE  13,954       

OF MAJORITY UNDER THE LAW OF THE ISSUING STATE AND ARREARAGES ARE               

OWED UNDER THE ORDER.                                              13,955       

      (C)  "DUTY OF SUPPORT" MEANS AN OBLIGATION IMPOSED OR THAT   13,957       

MAY BE IMPOSED UNDER LAW TO PROVIDE SUPPORT FOR A CHILD, SPOUSE,   13,958       

OR FORMER SPOUSE, INCLUDING AN UNSATISFIED OBLIGATION TO PROVIDE   13,959       

SUPPORT.                                                                        

      (D)  "HOME STATE" MEANS THE STATE IN WHICH A CHILD LIVED     13,961       

WITH A PARENT OR A PERSON ACTING AS A PARENT FOR AT LEAST SIX      13,962       

CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE TIME OF FILING OF A   13,963       

COMPLAINT OR COMPARABLE PLEADING FOR SUPPORT AND, IF A CHILD IS    13,964       

LESS THAN SIX MONTHS OLD, THE STATE IN WHICH THE CHILD LIVED FROM  13,965       

BIRTH WITH ANY OF THEM.  A PERIOD OF TEMPORARY ABSENCE OF ANY OF   13,966       

THEM IS COUNTED AS PART OF THE SIX-MONTH OR OTHER PERIOD.                       

      (E)  "INCOME" INCLUDES EARNINGS OR OTHER PERIODIC            13,968       

ENTITLEMENTS TO MONEY FROM ANY SOURCE AND ANY OTHER PROPERTY       13,969       

SUBJECT TO WITHHOLDING FOR SUPPORT UNDER THE LAW OF THIS STATE.    13,970       

      (F)  "INCOME WITHHOLDING ORDER" MEANS AN ORDER OR OTHER      13,972       

LEGAL PROCESS DIRECTED TO AN OBLIGOR'S PAYOR, AS DEFINED IN        13,973       

SECTIONS 3111.20 AND 3113.21 OF THE REVISED CODE, TO WITHHOLD      13,974       

SUPPORT FROM THE INCOME OF THE OBLIGOR.                            13,975       

      (G)  "INITIATING STATE" MEANS A STATE FROM WHICH A           13,977       

PROCEEDING IS FORWARDED OR IN WHICH A PROCEEDING IS FILED FOR      13,978       

FORWARDING TO A RESPONDING STATE UNDER SECTIONS 3115.01 TO         13,979       

3115.59 OF THE REVISED CODE OR A LAW OR PROCEDURE SUBSTANTIALLY    13,980       

SIMILAR TO THOSE SECTIONS, THE UNIFORM RECIPROCAL ENFORCEMENT OF                

                                                          341    

                                                                 
SUPPORT ACT, OR THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF      13,981       

SUPPORT ACT.                                                                    

      (H)  "INITIATING TRIBUNAL" MEANS THE AUTHORIZED TRIBUNAL IN  13,983       

AN INITIATING STATE.                                               13,984       

      (I)  "ISSUING STATE" MEANS THE STATE IN WHICH A TRIBUNAL     13,986       

ISSUES A SUPPORT ORDER OR RENDERS A JUDGMENT DETERMINING           13,987       

PARENTAGE.                                                                      

      (J)  "ISSUING TRIBUNAL" MEANS THE TRIBUNAL THAT ISSUES A     13,989       

SUPPORT ORDER OR RENDERS A JUDGMENT DETERMINING THE EXISTENCE OR   13,990       

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP.                   13,991       

      (K)  "LAW" INCLUDES DECISIONAL AND STATUTORY LAW AND RULES   13,993       

AND REGULATIONS HAVING THE FORCE OF LAW.                           13,994       

      (L)  "OBLIGEE" MEANS ANY OF THE FOLLOWING:                   13,996       

      (1)  AN INDIVIDUAL TO WHOM A DUTY OF SUPPORT IS OR IS        13,998       

ALLEGED TO BE OWED OR IN WHOSE FAVOR A SUPPORT ORDER HAS BEEN      13,999       

ISSUED OR A JUDGMENT DETERMINING PARENTAGE HAS BEEN RENDERED;      14,000       

      (2)  A STATE OR POLITICAL SUBDIVISION TO WHICH THE RIGHTS    14,002       

UNDER A DUTY OF SUPPORT OR SUPPORT ORDER HAVE BEEN ASSIGNED OR     14,003       

WHICH HAS INDEPENDENT CLAIMS BASED ON FINANCIAL ASSISTANCE         14,004       

PROVIDED TO AN INDIVIDUAL OBLIGEE;                                              

      (3)  AN INDIVIDUAL SEEKING A JUDGMENT DETERMINING PARENTAGE  14,006       

OF THE INDIVIDUAL'S CHILD.                                         14,007       

      (M)  "OBLIGOR" MEANS AN INDIVIDUAL, OR THE ESTATE OF A       14,009       

DECEDENT TO WHICH ANY OF THE FOLLOWING APPLIES:                    14,010       

      (1)  THE INDIVIDUAL OR ESTATE OWES OR IS ALLEGED TO OWE A    14,012       

DUTY OF SUPPORT;                                                                

      (2)  THE INDIVIDUAL IS ALLEGED BUT HAS NOT BEEN ADJUDICATED  14,014       

TO BE A PARENT OF A CHILD;                                         14,015       

      (3)  THE INDIVIDUAL OR ESTATE IS LIABLE UNDER A SUPPORT      14,017       

ORDER.                                                                          

      (N)  "REGISTER" MEANS TO FILE A SUPPORT ORDER OR JUDGMENT    14,019       

DETERMINING THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD    14,020       

RELATIONSHIP IN A REGISTERING TRIBUNAL.                            14,021       

      (O)  "REGISTERING TRIBUNAL" MEANS A TRIBUNAL IN WHICH A      14,023       

                                                          342    

                                                                 
SUPPORT ORDER IS REGISTERED.                                       14,024       

      (P)  "RESPONDING STATE" MEANS A STATE IN WHICH A PROCEEDING  14,026       

IS FILED OR TO WHICH A PROCEEDING IS FORWARDED FOR FILING FROM AN  14,027       

INITIATING STATE UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED  14,028       

CODE OR A LAW OR PROCEDURE SUBSTANTIALLY SIMILAR TO THOSE          14,029       

SECTIONS, THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, OR    14,030       

THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.                      

      (Q)  "RESPONDING TRIBUNAL" MEANS THE AUTHORIZED TRIBUNAL IN  14,032       

A RESPONDING STATE.                                                14,033       

      (R)  "REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT      14,035       

ACT" MEANS THE ACT ADDRESSING INTERSTATE ENFORCEMENT OF SUPPORT    14,036       

ORDERS ADOPTED IN 1968 BY THE NATIONAL CONFERENCE OF               14,037       

COMMISSIONERS ON UNIFORM STATE LAWS OR ANY LAW SUBSTANTIALLY       14,038       

SIMILAR TO THE ACT ADOPTED BY ANOTHER STATE.                       14,039       

      (S)  "SPOUSAL SUPPORT ORDER" MEANS AN ORDER FOR THE SUPPORT  14,041       

OF A SPOUSE OR FORMER SPOUSE THAT PROVIDES FOR MONETARY SUPPORT,   14,042       

WHETHER CURRENT OR IN ARREARS, HEALTH CARE, OR REIMBURSEMENTS,     14,043       

AND MAY INCLUDE RELATED COSTS AND FEES, INTEREST, INCOME           14,044       

WITHHOLDING REQUIREMENTS, ATTORNEY FEES, AND OTHER RELIEF.         14,045       

      (T)  "STATE" HAS THE SAME MEANING AS IN SECTION 1.59 OF THE  14,047       

REVISED CODE, EXCEPT THAT IT ALSO INCLUDES BOTH OF THE FOLLOWING:  14,048       

      (1)  AN INDIAN TRIBE;                                        14,050       

      (2)  A FOREIGN JURISDICTION THAT HAS ENACTED A LAW OR        14,052       

ESTABLISHED PROCEDURES FOR ISSUANCE AND ENFORCEMENT OF SUPPORT     14,053       

ORDERS THAT ARE SUBSTANTIALLY SIMILAR TO THE PROCEDURES UNDER      14,054       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, THE UNIFORM       14,055       

RECIPROCAL ENFORCEMENT OF SUPPORT ACT, OR THE REVISED UNIFORM      14,056       

RECIPROCAL ENFORCEMENT OF SUPPORT ACT.                                          

      (U)  "SUPPORT ENFORCEMENT AGENCY" MEANS A PUBLIC OFFICIAL    14,058       

OR AGENCY AUTHORIZED TO DO ANY OF THE FOLLOWING:                   14,059       

      (1)  SEEK ENFORCEMENT OF SUPPORT ORDERS OR LAWS RELATING TO  14,061       

THE DUTY OF SUPPORT;                                               14,062       

      (2)  SEEK ESTABLISHMENT OR MODIFICATION OF CHILD SUPPORT;    14,064       

      (3)  SEEK DETERMINATION OF THE EXISTENCE OR NONEXISTENCE OF  14,066       

                                                          343    

                                                                 
A PARENT AND CHILD RELATIONSHIP;                                   14,067       

      (4)  LOCATE OBLIGORS OR THEIR ASSETS.                        14,069       

      (V)  "SUPPORT ORDER" MEANS A SPOUSAL SUPPORT ORDER OR CHILD  14,072       

SUPPORT ORDER.                                                                  

      (W)  "TRIBUNAL" MEANS ANY TRIAL COURT OF RECORD OF THIS      14,074       

STATE AND WHEN THE CONTEXT REQUIRES, A COURT, ADMINISTRATIVE       14,075       

AGENCY, OR QUASI-JUDICIAL ENTITY OF ANY OTHER STATE AUTHORIZED TO  14,076       

ESTABLISH, ENFORCE, OR MODIFY SUPPORT ORDERS OR TO DETERMINE       14,077       

PARENTAGE.                                                                      

      (X)  "UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT" MEANS   14,080       

THE ACT ADDRESSING INTERSTATE ENFORCEMENT OF SUPPORT ORDERS        14,081       

ADOPTED IN 1950 AND AMENDED IN 1952 AND 1958 BY THE NATIONAL       14,082       

CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS OR ANY LAW       14,084       

SUBSTANTIALLY SIMILAR TO THE ACT ADOPTED BY ANOTHER STATE.                      

      Sec. 3115.02.  REMEDIES PROVIDED BY SECTIONS 3115.01 TO      14,086       

3115.59 OF THE REVISED CODE ARE IN ADDITION TO, NOT IN             14,087       

SUBSTITUTION FOR, ANY OTHER REMEDIES.                                           

      Sec. 3115.03.  IN A PROCEEDING TO ESTABLISH, ENFORCE, OR     14,089       

MODIFY A SUPPORT ORDER OR TO DETERMINE THE EXISTENCE OR            14,090       

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP, A TRIBUNAL OF     14,091       

THIS STATE MAY EXERCISE PERSONAL JURISDICTION OVER A NONRESIDENT   14,092       

INDIVIDUAL IF ANY OF THE FOLLOWING IS THE CASE:                    14,093       

      (A)  THE INDIVIDUAL IS PERSONALLY SERVED WITH SUMMONS        14,096       

WITHIN THIS STATE;                                                              

      (B)  THE INDIVIDUAL SUBMITS TO THE JURISDICTION OF THIS      14,098       

STATE BY CONSENT, BY ENTERING A GENERAL APPEARANCE, OR BY FILING   14,099       

A RESPONSIVE PLEADING OR OTHER DOCUMENT HAVING THE EFFECT OF       14,100       

WAIVING ANY CONTEST TO PERSONAL JURISDICTION;                      14,102       

      (C)  THE INDIVIDUAL RESIDED WITH THE CHILD IN THIS STATE;    14,104       

      (D)  THE INDIVIDUAL RESIDED IN THIS STATE AND PROVIDED       14,106       

PRENATAL EXPENSES OR SUPPORT FOR THE CHILD;                        14,107       

      (E)  THE CHILD RESIDES IN THIS STATE AS A RESULT OF THE      14,109       

ACTS OR DIRECTIVES OF THE INDIVIDUAL;                              14,110       

      (F)  THE INDIVIDUAL ENGAGED IN SEXUAL INTERCOURSE IN THIS    14,112       

                                                          344    

                                                                 
STATE AND THE CHILD MAY HAVE BEEN CONCEIVED BY THAT ACT OF         14,113       

INTERCOURSE;                                                       14,114       

      (G)  THE INDIVIDUAL REGISTERED IN THE PUTATIVE FATHER        14,117       

REGISTRY MAINTAINED PURSUANT TO SECTION 3107.062 OF THE REVISED                 

CODE;                                                                           

      (H)  THERE IS ANY OTHER BASIS FOR THE STATE TO EXERCISE      14,121       

PERSONAL JURISDICTION OVER THE INDIVIDUAL.                                      

      Sec. 3115.04.  A TRIBUNAL OF THIS STATE EXERCISING PERSONAL  14,123       

JURISDICTION OVER A NONRESIDENT UNDER SECTION 3115.03 OF THE       14,124       

REVISED CODE MAY APPLY SECTION 3115.27 OF THE REVISED CODE TO      14,125       

OBTAIN EVIDENCE FROM ANOTHER STATE AND SECTION 3115.29 OF THE      14,126       

REVISED CODE TO OBTAIN DISCOVERY THROUGH A TRIBUNAL OF ANOTHER     14,127       

STATE.  IN ALL OTHER RESPECTS, SECTIONS 3115.12 TO 3115.52 OF THE  14,128       

REVISED CODE ARE NOT APPLICABLE AND THE TRIBUNAL SHALL APPLY THE   14,129       

PROCEDURAL AND SUBSTANTIVE LAW OF THIS STATE, INCLUDING THE RULES  14,130       

ON CHOICE OF LAW OTHER THAN THOSE ESTABLISHED BY SECTIONS 3115.01  14,131       

TO 3115.59 OF THE REVISED CODE.                                                 

      Sec. 3115.05.  UNDER SECTIONS 3115.01 TO 3115.59 OF THE      14,133       

REVISED CODE, A TRIBUNAL OF THIS STATE MAY SERVE AS AN INITIATING  14,135       

TRIBUNAL TO FORWARD PROCEEDINGS TO ANOTHER STATE AND AS A          14,136       

RESPONDING TRIBUNAL FOR PROCEEDINGS INITIATED IN ANOTHER STATE.    14,137       

      Sec. 3115.06.  (A)  A TRIBUNAL OF THIS STATE MAY EXERCISE    14,139       

JURISDICTION TO ISSUE A SUPPORT ORDER IF THE COMPLAINT OR          14,141       

COMPARABLE PLEADING IS FILED IN THIS STATE AFTER A COMPLAINT OR    14,142       

COMPARABLE PLEADING REQUESTING THE ISSUANCE OF A SUPPORT ORDER IS  14,143       

FILED IN ANOTHER STATE ONLY IF ALL OF THE FOLLOWING APPLY:         14,144       

      (1)  THE COMPLAINT OR COMPARABLE PLEADING IS FILED IN THIS   14,147       

STATE BEFORE THE EXPIRATION OF THE TIME ALLOWED IN THE OTHER                    

STATE FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE    14,148       

OF JURISDICTION BY THE OTHER STATE;                                14,149       

      (2)  THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF  14,151       

JURISDICTION IN THE OTHER STATE;                                   14,152       

      (3)  WITH RESPECT TO ACTIONS TO ISSUE CHILD SUPPORT ORDERS,  14,154       

THIS STATE IS THE HOME STATE OF THE CHILD.                         14,155       

                                                          345    

                                                                 
      (B)  A TRIBUNAL OF THIS STATE MAY NOT EXERCISE JURISDICTION  14,157       

TO ISSUE A SUPPORT ORDER IF THE COMPLAINT OR COMPARABLE PLEADING   14,159       

IS FILED IN THIS STATE BEFORE A COMPLAINT OR COMPARABLE PLEADING                

REQUESTING THE ISSUANCE OF A SUPPORT ORDER IS FILED IN ANOTHER     14,161       

STATE IF ANY OF THE FOLLOWING IS THE CASE:                                      

      (1)  THE COMPLAINT OR COMPARABLE PLEADING IS FILED IN THE    14,164       

OTHER STATE BEFORE THE EXPIRATION OF THE TIME ALLOWED IN THIS                   

STATE FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE    14,166       

OF JURISDICTION BY THIS STATE.                                     14,167       

      (2)  THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF  14,169       

JURISDICTION IN THIS STATE.                                        14,170       

      (3)  WITH RESPECT TO ACTIONS TO ISSUE CHILD SUPPORT ORDERS,  14,172       

THE OTHER STATE IS THE HOME STATE OF THE CHILD.                    14,174       

      Sec. 3115.07.  (A)  A TRIBUNAL OF THIS STATE HAS             14,177       

CONTINUING, EXCLUSIVE JURISDICTION OVER A CHILD SUPPORT ORDER IT   14,179       

ISSUES AS LONG AS THE OBLIGOR, INDIVIDUAL OBLIGEE, OR CHILD        14,181       

SUBJECT TO THE CHILD SUPPORT ORDER IS A RESIDENT OF THIS STATE,    14,182       

UNLESS ALL OF THE PARTIES WHO ARE INDIVIDUALS HAVE FILED WRITTEN   14,184       

CONSENTS WITH THE TRIBUNAL OF THIS STATE FOR A TRIBUNAL OF         14,185       

ANOTHER STATE TO MODIFY THE ORDER AND ASSUME CONTINUING,                        

EXCLUSIVE JURISDICTION.                                            14,186       

      (B)  A TRIBUNAL OF THIS STATE MAY NOT EXERCISE CONTINUING    14,190       

JURISDICTION TO MODIFY A CHILD SUPPORT ORDER IT ISSUES IF THE                   

ORDER IS MODIFIED BY A TRIBUNAL OF ANOTHER STATE PURSUANT TO A     14,192       

LAW ADOPTED BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO                 

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE.                   14,193       

      (C)  IF A CHILD SUPPORT ORDER ISSUED BY A TRIBUNAL OF THIS   14,195       

STATE IS MODIFIED BY A TRIBUNAL OF ANOTHER STATE PURSUANT TO A     14,197       

LAW ADOPTED BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO    14,198       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, THE TRIBUNAL OF                

THIS STATE LOSES ITS CONTINUING, EXCLUSIVE JURISDICTION WITH       14,200       

REGARD TO PROSPECTIVE ENFORCEMENT OF THE ORDER, AND MAY DO ONLY    14,202       

THE FOLLOWING:                                                                  

      (1)  ORDER COLLECTION OF SUPPORT AMOUNTS ACCRUING BEFORE     14,205       

                                                          346    

                                                                 
THE MODIFICATION OF THE ORDER;                                                  

      (2)  ENFORCE NONMODIFIABLE ASPECTS OF THAT ORDER;            14,207       

      (3)  PROVIDE OTHER APPROPRIATE RELIEF FOR VIOLATIONS OF THE  14,209       

ORDER THAT OCCURRED BEFORE THE EFFECTIVE DATE OF THE               14,210       

MODIFICATION.                                                      14,211       

      (D)  A TRIBUNAL OF THIS STATE SHALL RECOGNIZE THE            14,213       

CONTINUING, EXCLUSIVE JURISDICTION OF A TRIBUNAL OF ANOTHER STATE  14,214       

THAT HAS ISSUED A CHILD SUPPORT ORDER PURSUANT TO A LAW ADOPTED    14,216       

BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO SECTIONS                    

3115.01 TO 3115.59 OF THE REVISED CODE.                            14,217       

      (E)  A TEMPORARY SUPPORT ORDER ISSUED EX PARTE OR PENDING    14,219       

RESOLUTION OF A JURISDICTIONAL CONFLICT DOES NOT CREATE            14,220       

CONTINUING, EXCLUSIVE JURISDICTION IN THE ISSUING TRIBUNAL.        14,221       

      (F)  A TRIBUNAL OF THIS STATE HAS CONTINUING, EXCLUSIVE      14,224       

JURISDICTION OVER A SPOUSAL SUPPORT ORDER IT ISSUES THROUGHOUT     14,225       

THE EXISTENCE OF THE SUPPORT OBLIGATION.  A TRIBUNAL OF THIS       14,226       

STATE MAY NOT MODIFY A SPOUSAL SUPPORT ORDER ISSUED BY A TRIBUNAL  14,227       

OF ANOTHER STATE HAVING CONTINUING, EXCLUSIVE JURISDICTION OVER    14,228       

THAT ORDER UNDER THE LAW OF THAT STATE.                            14,229       

      Sec. 3115.08.  (A)  A TRIBUNAL OF THIS STATE MAY SERVE AS    14,231       

AN INITIATING TRIBUNAL TO REQUEST A TRIBUNAL OF ANOTHER STATE TO   14,233       

ENFORCE OR MODIFY A SUPPORT ORDER ISSUED IN THAT STATE.            14,234       

      (B)  A TRIBUNAL OF THIS STATE HAVING CONTINUING, EXCLUSIVE   14,236       

JURISDICTION OVER A SUPPORT ORDER MAY ACT AS A RESPONDING          14,237       

TRIBUNAL TO ENFORCE OR MODIFY THE ORDER.  IF A PARTY SUBJECT TO    14,238       

THE CONTINUING, EXCLUSIVE JURISDICTION OF THE TRIBUNAL NO LONGER   14,239       

RESIDES IN THE ISSUING STATE, IN SUBSEQUENT PROCEEDINGS THE        14,240       

TRIBUNAL MAY APPLY SECTION 3115.27 OF THE REVISED CODE TO OBTAIN   14,242       

EVIDENCE FROM ANOTHER STATE AND SECTION 3115.29 OF THE REVISED     14,243       

CODE TO OBTAIN DISCOVERY THROUGH A TRIBUNAL OF ANOTHER STATE.      14,244       

      (C)  A TRIBUNAL OF THIS STATE THAT LACKS CONTINUING,         14,246       

EXCLUSIVE JURISDICTION OVER A SPOUSAL SUPPORT ORDER MAY NOT SERVE  14,248       

AS A RESPONDING TRIBUNAL TO MODIFY A SPOUSAL SUPPORT ORDER OF      14,249       

ANOTHER STATE.                                                                  

                                                          347    

                                                                 
      Sec. 3115.09.  (A)  IF A PROCEEDING IS BROUGHT UNDER         14,251       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, AND ONLY ONE      14,252       

TRIBUNAL HAS ISSUED A CHILD SUPPORT ORDER, THE ORDER OF THAT       14,253       

TRIBUNAL SHALL BE RECOGNIZED AS CONTROLLING.                       14,254       

      (B)  IF A PROCEEDING IS BROUGHT UNDER SECTIONS 3115.01 TO    14,256       

3115.59 OF THE REVISED CODE, AND TWO OR MORE CHILD SUPPORT ORDERS  14,258       

HAVE BEEN ISSUED BY TRIBUNALS OF THIS STATE OR ANOTHER STATE WITH  14,259       

REGARD TO THE SAME OBLIGOR AND CHILD, A TRIBUNAL OF THIS STATE     14,260       

SHALL DO THE FOLLOWING:                                                         

      (1)  IF ONLY ONE OF THE TRIBUNALS WOULD HAVE CONTINUING,     14,262       

EXCLUSIVE JURISDICTION, RECOGNIZE THE CHILD SUPPORT ORDER OF THAT  14,264       

TRIBUNAL AS CONTROLLING.                                                        

      (2)  IF MORE THAN ONE OF THE TRIBUNALS WOULD HAVE            14,266       

CONTINUING, EXCLUSIVE JURISDICTION, RECOGNIZE THE CHILD SUPPORT    14,267       

ORDER ISSUED BY THE TRIBUNAL IN THE CURRENT HOME STATE OF THE      14,269       

CHILD AS CONTROLLING, BUT IF A CHILD SUPPORT ORDER HAS NOT BEEN    14,270       

ISSUED IN THE CURRENT HOME STATE OF THE CHILD, RECOGNIZE THE       14,271       

CHILD SUPPORT ORDER MOST RECENTLY ISSUED AS CONTROLLING.           14,273       

      (3)  IF NONE OF THE TRIBUNALS WOULD HAVE CONTINUING,         14,275       

EXCLUSIVE JURISDICTION, THE TRIBUNAL OF THIS STATE HAVING          14,276       

JURISDICTION OVER THE PARTIES SHALL ISSUE ITS OWN CHILD SUPPORT    14,278       

ORDER WHICH SHALL BE CONTROLLING.                                               

      (C)  IF TWO OR MORE CHILD SUPPORT ORDERS HAVE BEEN ISSUED    14,280       

FOR THE SAME OBLIGOR AND CHILD AND THE OBLIGOR OR THE INDIVIDUAL   14,281       

OBLIGEE RESIDES IN THIS STATE, A PARTY MAY REQUEST A TRIBUNAL OF   14,282       

THIS STATE TO DETERMINE WHICH ORDER TO RECOGNIZE AS CONTROLLING    14,283       

PURSUANT TO DIVISION (B) OF THIS SECTION.  THE REQUEST MUST BE     14,284       

ACCOMPANIED BY A CERTIFIED COPY OF EVERY SUPPORT ORDER IN EFFECT.  14,286       

THE REQUESTING PARTY SHALL GIVE NOTICE OF THE REQUEST TO EACH      14,287       

PARTY WHOSE RIGHTS MAY BE AFFECTED BY THE DETERMINATION.                        

      (D)  THE TRIBUNAL THAT ISSUED THE CONTROLLING CHILD SUPPORT  14,289       

ORDER UNDER DIVISION (A), (B), OR (C) OF THIS SECTION IS THE       14,291       

TRIBUNAL THAT HAS CONTINUING, EXCLUSIVE JURISDICTION UNDER         14,293       

SECTION 3115.07 OF THE REVISED CODE.                                            

                                                          348    

                                                                 
      (E)  A TRIBUNAL OF THIS STATE THAT DETERMINES BY ORDER THE   14,295       

IDENTITY OF THE CONTROLLING CHILD SUPPORT ORDER UNDER DIVISION     14,296       

(B)(1) OR (2) OF THIS SECTION OR THAT ISSUES A NEW CONTROLLING     14,298       

CHILD SUPPORT ORDER UNDER DIVISION (B)(3) OF THIS SECTION SHALL    14,300       

STATE IN THE ORDER OR CHILD SUPPORT ORDER THE BASIS UPON WHICH                  

THE TRIBUNAL MADE ITS DETERMINATION.                               14,302       

      (F)  WITHIN THIRTY DAYS AFTER ISSUANCE OF AN ORDER           14,304       

RECOGNIZING THE CONTROLLING CHILD SUPPORT ORDER OR A NEW           14,305       

CONTROLLING CHILD SUPPORT ORDER, THE PARTY OBTAINING THE ORDER     14,307       

SHALL FILE A CERTIFIED COPY OF IT WITH EACH TRIBUNAL THAT ISSUED   14,308       

OR REGISTERED AN EARLIER CHILD SUPPORT ORDER.  A PARTY WHO         14,309       

OBTAINS THE ORDER AND FAILS TO FILE A CERTIFIED COPY IS SUBJECT    14,310       

TO APPROPRIATE SANCTIONS BY A TRIBUNAL IN WHICH THE ISSUE OF       14,311       

FAILURE TO FILE ARISES.  THE FAILURE TO FILE DOES NOT AFFECT THE   14,312       

VALIDITY OR ENFORCEABILITY OF THE CONTROLLING ORDER.                            

      Sec. 3115.10.  IN RESPONDING TO MULTIPLE REGISTRATIONS OR    14,314       

COMPLAINTS FOR ENFORCEMENT OF TWO OR MORE CHILD SUPPORT ORDERS IN  14,315       

EFFECT AT THE SAME TIME WITH REGARD TO THE SAME OBLIGOR AND        14,316       

DIFFERENT INDIVIDUAL OBLIGEES, AT LEAST ONE OF WHICH WAS ISSUED    14,317       

BY A TRIBUNAL OF ANOTHER STATE, A TRIBUNAL OF THIS STATE SHALL     14,318       

ENFORCE THOSE ORDERS IN THE SAME MANNER AS IF THE MULTIPLE ORDERS  14,320       

HAD BEEN ISSUED BY A TRIBUNAL OF THIS STATE.                                    

      Sec. 3115.11.  AMOUNTS COLLECTED AND CREDITED FOR A          14,322       

PARTICULAR PERIOD PURSUANT TO A SUPPORT ORDER ISSUED BY A          14,323       

TRIBUNAL OF ANOTHER STATE MUST BE CREDITED AGAINST THE AMOUNTS     14,324       

ACCRUING OR ACCRUED FOR THE SAME PERIOD UNDER A SUPPORT ORDER      14,325       

COVERING THE SAME PARTIES FOR THE SAME DUTY OF SUPPORT ISSUED BY   14,326       

THE TRIBUNAL OF THIS STATE.                                        14,327       

      Sec. 3115.12.  AN INDIVIDUAL OR A SUPPORT ENFORCEMENT        14,329       

AGENCY MAY COMMENCE A PROCEEDING AUTHORIZED UNDER SECTIONS         14,330       

3115.01 TO 3115.59 OF THE REVISED CODE BY FILING A COMPLAINT IN    14,331       

AN INITIATING TRIBUNAL FOR FORWARDING TO A RESPONDING TRIBUNAL OR  14,332       

BY FILING A COMPLAINT OR A COMPARABLE PLEADING DIRECTLY IN A       14,333       

TRIBUNAL OF ANOTHER STATE THAT HAS OR CAN OBTAIN PERSONAL          14,334       

                                                          349    

                                                                 
JURISDICTION OVER THE DEFENDANT.                                                

      Sec. 3115.13.  A MINOR PARENT, OR A GUARDIAN OR OTHER LEGAL  14,336       

REPRESENTATIVE OF A MINOR PARENT, MAY MAINTAIN A PROCEEDING ON     14,337       

BEHALF OF OR FOR THE BENEFIT OF THE MINOR'S CHILD.                 14,338       

      Sec. 3115.14.  EXCEPT AS OTHERWISE PROVIDED BY SECTIONS      14,340       

3115.01 TO 3115.59 OF THE REVISED CODE, A RESPONDING TRIBUNAL OF   14,342       

THIS STATE SHALL APPLY THE PROCEDURAL AND SUBSTANTIVE LAW,         14,343       

INCLUDING THE RULES ON CHOICE OF LAW, GENERALLY APPLICABLE TO      14,344       

SIMILAR PROCEEDINGS ORIGINATING IN THIS STATE AND MAY EXERCISE     14,345       

ALL POWERS AND PROVIDE ALL REMEDIES AVAILABLE IN THOSE             14,346       

PROCEEDINGS AND SHALL DETERMINE THE DUTY OF SUPPORT AND THE        14,348       

AMOUNT OF SUPPORT PAYABLE IN ACCORDANCE WITH SECTIONS 3113.21 TO   14,349       

3113.219 AND SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE.      14,350       

      Sec. 3115.15.  (A)  ON THE FILING OF A COMPLAINT PURSUANT    14,352       

TO SECTION 3115.12 OF THE REVISED CODE, AN INITIATING TRIBUNAL OF  14,353       

THIS STATE SHALL FORWARD THREE COPIES OF THE COMPLAINT AND ITS     14,354       

ACCOMPANYING DOCUMENTS TO EITHER OF THE FOLLOWING:                 14,355       

      (1)  THE RESPONDING TRIBUNAL OR APPROPRIATE SUPPORT          14,357       

ENFORCEMENT AGENCY IN THE RESPONDING STATE;                        14,358       

      (2)  THE STATE INFORMATION AGENCY OF THE RESPONDING STATE    14,360       

WITH A REQUEST THAT THEY BE FORWARDED TO THE APPROPRIATE           14,361       

TRIBUNAL, IF THE IDENTITY OF THE RESPONDING TRIBUNAL IS UNKNOWN,   14,362       

AND THAT RECEIPT BE ACKNOWLEDGED.                                  14,363       

      (B)  IF A RESPONDING STATE HAS NOT ENACTED A LAW OR          14,366       

PROCEDURE SUBSTANTIALLY SIMILAR TO SECTIONS 3115.01 TO 3115.59 OF               

THE REVISED CODE, A TRIBUNAL OF THIS STATE MAY ISSUE A             14,368       

CERTIFICATE OR OTHER DOCUMENT AND MAKE FINDINGS REQUIRED BY THE    14,369       

LAW OF THE RESPONDING STATE.  IF THE RESPONDING STATE IS A         14,370       

FOREIGN JURISDICTION, THE TRIBUNAL MAY SPECIFY THE AMOUNT OF       14,371       

SUPPORT SOUGHT AND PROVIDE OTHER DOCUMENTS NECESSARY TO SATISFY    14,372       

THE REQUIREMENTS OF THE RESPONDING STATE.                                       

      Sec. 3115.16.  (A)  WHEN A RESPONDING TRIBUNAL OF THIS       14,374       

STATE RECEIVES A COMPLAINT OR COMPARABLE PLEADING FROM AN          14,376       

INITIATING TRIBUNAL OR DIRECTLY PURSUANT TO SECTION 3115.12 OF     14,377       

                                                          350    

                                                                 
THE REVISED CODE, IT SHALL CAUSE THE COMPLAINT OR PLEADING TO BE   14,378       

FILED AND NOTIFY THE PLAINTIFF WHERE AND WHEN IT WAS FILED.        14,379       

      (B)  A RESPONDING TRIBUNAL OF THIS STATE, TO THE EXTENT      14,381       

OTHERWISE AUTHORIZED BY LAW, MAY DO ONE OR MORE OF THE FOLLOWING   14,383       

CONSISTENT WITH APPLICABLE SECTIONS OF CHAPTERS 3105., 3109.,      14,384       

3111., AND 3113. OF THE REVISED CODE:                                           

      (1)  ISSUE OR ENFORCE A SUPPORT ORDER, MODIFY A CHILD        14,386       

SUPPORT ORDER, OR DETERMINE THE EXISTENCE OR NONEXISTENCE OF A     14,387       

PARENT AND CHILD RELATIONSHIP;                                     14,388       

      (2)  ORDER AN OBLIGOR TO COMPLY WITH A SUPPORT ORDER,        14,390       

SPECIFYING THE AMOUNT AND THE MANNER OF COMPLIANCE;                14,391       

      (3)  ORDER INCOME WITHHOLDING;                               14,393       

      (4)  DETERMINE THE AMOUNT OF ANY ARREARAGES, AND SPECIFY A   14,395       

METHOD OF PAYMENT;                                                 14,396       

      (5)  ENFORCE ORDERS BY CIVIL OR CRIMINAL CONTEMPT, OR BOTH;  14,398       

      (6)  SET ASIDE PROPERTY FOR SATISFACTION OF THE SUPPORT      14,400       

ORDER;                                                             14,401       

      (7)  PLACE LIENS AND ORDER EXECUTION ON THE OBLIGOR'S        14,403       

PROPERTY;                                                          14,404       

      (8)  ORDER AN OBLIGOR TO KEEP THE TRIBUNAL INFORMED OF THE   14,406       

OBLIGOR'S CURRENT RESIDENTIAL ADDRESS, TELEPHONE NUMBER,           14,407       

EMPLOYER, ADDRESS OF EMPLOYMENT, AND TELEPHONE NUMBER AT THE       14,408       

PLACE OF EMPLOYMENT;                                               14,409       

      (9)  ISSUE A BENCH WARRANT FOR AN OBLIGOR WHO HAS FAILED     14,412       

AFTER PROPER NOTICE TO APPEAR AT A HEARING ORDERED BY THE                       

TRIBUNAL AND ENTER THE BENCH WARRANT IN ANY LOCAL AND STATE        14,414       

COMPUTER SYSTEMS FOR CRIMINAL WARRANTS;                                         

      (10)  ORDER THE OBLIGOR TO SEEK APPROPRIATE EMPLOYMENT BY    14,416       

SPECIFIED METHODS;                                                 14,417       

      (11)  AWARD REASONABLE ATTORNEY'S FEES AND OTHER FEES AND    14,419       

COSTS;                                                             14,420       

      (12)  GRANT ANY OTHER AVAILABLE REMEDY.                      14,422       

      (C)  A RESPONDING TRIBUNAL OF THIS STATE SHALL INCLUDE IN A  14,424       

SUPPORT ORDER ISSUED UNDER SECTIONS 3115.01 TO 3115.59 OF THE      14,425       

                                                          351    

                                                                 
REVISED CODE, OR IN THE DOCUMENTS ACCOMPANYING THE ORDER, THE      14,427       

CALCULATIONS ON WHICH THE SUPPORT ORDER IS BASED.                  14,428       

      (D)  A RESPONDING TRIBUNAL OF THIS STATE MAY NOT CONDITION   14,430       

THE PAYMENT OF A SUPPORT ORDER ISSUED UNDER SECTIONS 3115.01 TO    14,431       

3115.59 OF THE REVISED CODE UPON COMPLIANCE BY A PARTY WITH        14,433       

PROVISIONS FOR VISITATION.                                                      

      (E)  IF A RESPONDING TRIBUNAL OF THIS STATE ISSUES AN ORDER  14,435       

UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, THE         14,436       

TRIBUNAL SHALL SEND A COPY OF THE ORDER TO THE PLAINTIFF AND THE   14,438       

DEFENDANT AND TO THE INITIATING TRIBUNAL, IF ANY.                  14,439       

      Sec. 3115.17.  IF A COMPLAINT OR COMPARABLE PLEADING IS      14,441       

RECEIVED BY AN INAPPROPRIATE TRIBUNAL OF THIS STATE, THE TRIBUNAL  14,442       

SHALL FORWARD THE PLEADING AND ACCOMPANYING DOCUMENTS TO AN        14,443       

APPROPRIATE TRIBUNAL IN THIS STATE OR ANOTHER STATE AND NOTIFY     14,444       

THE PLAINTIFF WHERE AND WHEN THE PLEADING WAS SENT.                14,445       

      Sec. 3115.18.  (A)  A SUPPORT ENFORCEMENT AGENCY OF THIS     14,447       

STATE, UPON REQUEST, SHALL PROVIDE SERVICES TO A PLAINTIFF IN A    14,449       

PROCEEDING UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE.  14,450       

      (B)  A SUPPORT ENFORCEMENT AGENCY THAT IS PROVIDING          14,452       

SERVICES TO THE PLAINTIFF, AS APPROPRIATE, SHALL DO ALL OF THE     14,453       

FOLLOWING:                                                                      

      (1)  TAKE ALL STEPS NECESSARY TO ENABLE AN APPROPRIATE       14,455       

TRIBUNAL IN THIS STATE OR ANOTHER STATE TO OBTAIN JURISDICTION     14,456       

OVER THE DEFENDANT;                                                14,457       

      (2)  REQUEST AN APPROPRIATE TRIBUNAL TO SET A DATE, TIME,    14,459       

AND PLACE FOR A HEARING;                                           14,460       

      (3)  MAKE A REASONABLE EFFORT TO OBTAIN ALL RELEVANT         14,462       

INFORMATION, INCLUDING INFORMATION AS TO INCOME AND PROPERTY OF    14,463       

THE PARTIES;                                                       14,464       

      (4)  WITHIN TWO DAYS, NOT INCLUDING SATURDAYS, SUNDAYS, AND  14,467       

LEGAL HOLIDAYS, AFTER RECEIPT OF A WRITTEN NOTICE FROM A TRIBUNAL  14,469       

PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, SEND               

A COPY OF THE NOTICE TO THE PLAINTIFF;                             14,470       

      (5)  WITHIN TWO DAYS, NOT INCLUDING SATURDAYS, SUNDAYS, AND  14,473       

                                                          352    

                                                                 
LEGAL HOLIDAYS, AFTER RECEIPT OF A WRITTEN COMMUNICATION FROM THE  14,475       

DEFENDANT OR THE DEFENDANT'S ATTORNEY, SEND A COPY OF THE          14,476       

COMMUNICATION TO THE PLAINTIFF;                                                 

      (6)  NOTIFY THE PLAINTIFF IF JURISDICTION OVER THE           14,478       

DEFENDANT CANNOT BE OBTAINED.                                      14,479       

      (C)  SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE DO NOT  14,481       

CREATE OR NEGATE A RELATIONSHIP OF ATTORNEY AND CLIENT OR OTHER    14,483       

FIDUCIARY RELATIONSHIP BETWEEN A SUPPORT ENFORCEMENT AGENCY OR     14,484       

THE ATTORNEY FOR THE AGENCY AND THE INDIVIDUAL BEING ASSISTED BY   14,485       

THE AGENCY.                                                                     

      Sec. 3115.19.  IF THE ATTORNEY GENERAL DETERMINES THAT THE   14,487       

SUPPORT ENFORCEMENT AGENCY IS NEGLECTING OR REFUSING TO PROVIDE    14,488       

SERVICES TO AN INDIVIDUAL, THE ATTORNEY GENERAL MAY ORDER THE      14,489       

AGENCY TO PERFORM ITS DUTIES PURSUANT TO SECTIONS 3115.01 TO       14,490       

3115.59 OF THE REVISED CODE OR MAY PROVIDE THOSE SERVICES          14,491       

DIRECTLY TO THE INDIVIDUAL.                                                     

      Sec. 3115.20.  AN INDIVIDUAL MAY EMPLOY PRIVATE COUNSEL TO   14,493       

REPRESENT THE INDIVIDUAL IN PROCEEDINGS AUTHORIZED BY SECTIONS     14,494       

3115.01 TO 3115.59 OF THE REVISED CODE.                                         

      Sec. 3115.21.  (A)  THE STATE DEPARTMENT OF HUMAN SERVICES   14,496       

IS THE STATE INFORMATION AGENCY UNDER SECTIONS 3115.01 TO 3115.59  14,498       

OF THE REVISED CODE.                                                            

      (B)  THE STATE INFORMATION AGENCY SHALL DO ALL OF THE        14,500       

FOLLOWING:                                                                      

      (1)  COMPILE A LIST, INCLUDING ADDRESSES, OF THE TRIBUNALS   14,503       

IN THIS STATE AND EACH SUPPORT ENFORCEMENT AGENCY IN THIS STATE    14,505       

AND TRANSMIT A COPY TO THE STATE INFORMATION AGENCY OF EVERY       14,506       

OTHER STATE THAT HAS ADOPTED AN ACT SUBSTANTIALLY SIMILAR TO       14,507       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE;                                

      (2)  MAINTAIN A REGISTER OF TRIBUNALS AND SUPPORT            14,509       

ENFORCEMENT AGENCIES RECEIVED FROM OTHER STATES;                   14,510       

      (3)  FORWARD TO THE APPROPRIATE TRIBUNAL IN THIS STATE THAT  14,513       

HAS JURISDICTION OVER THE INDIVIDUAL OBLIGEE OR THE OBLIGOR OR     14,514       

THE OBLIGOR'S PROPERTY, ALL DOCUMENTS CONCERNING A PROCEEDING      14,515       

                                                          353    

                                                                 
UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE RECEIVED     14,516       

FROM AN INITIATING TRIBUNAL OR THE STATE INFORMATION AGENCY OF     14,517       

THE INITIATING STATE;                                              14,518       

      (4)  OBTAIN INFORMATION CONCERNING THE LOCATION OF THE       14,520       

OBLIGOR AND THE OBLIGOR'S PROPERTY WITHIN THIS STATE NOT EXEMPT    14,521       

FROM EXECUTION, BY SUCH MEANS AS POSTAL VERIFICATION AND FEDERAL   14,522       

OR STATE PARENT LOCATOR SERVICES, EXAMINATION OF TELEPHONE         14,523       

DIRECTORIES, REQUESTS FOR THE OBLIGOR'S ADDRESS FROM EMPLOYERS,    14,524       

AND EXAMINATION OF GOVERNMENTAL RECORDS, INCLUDING, TO THE EXTENT  14,525       

NOT PROHIBITED BY OTHER LAW, THOSE RELATING TO REAL PROPERTY,      14,526       

VITAL STATISTICS, LAW ENFORCEMENT, TAXATION, MOTOR VEHICLES,       14,527       

DRIVERS' LICENSES, AND SOCIAL SECURITY BENEFITS.                   14,528       

      Sec. 3115.22.  (A)  A PLAINTIFF SEEKING ISSUANCE OR          14,530       

MODIFICATION OF A SUPPORT ORDER OR A DETERMINATION OF THE          14,532       

EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP       14,533       

UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE MUST VERIFY  14,534       

THE COMPLAINT.  UNLESS OTHERWISE ORDERED UNDER SECTION 3115.23 OF  14,535       

THE REVISED CODE, THE COMPLAINT OR ACCOMPANYING DOCUMENTS MUST     14,536       

PROVIDE, SO FAR AS KNOWN, THE NAME, RESIDENTIAL ADDRESS, AND       14,537       

SOCIAL SECURITY NUMBERS OF THE OBLIGOR AND THE OBLIGEE, AND THE    14,538       

NAME, SEX, RESIDENTIAL ADDRESS, SOCIAL SECURITY NUMBER, AND DATE   14,539       

OF BIRTH OF EACH CHILD FOR WHOM SUPPORT IS SOUGHT.  THE COMPLAINT  14,541       

MUST BE ACCOMPANIED BY A CERTIFIED COPY OF ANY SUPPORT ORDER IN    14,542       

EFFECT.  THE COMPLAINT MAY INCLUDE ANY OTHER INFORMATION THAT MAY  14,543       

ASSIST IN LOCATING OR IDENTIFYING THE DEFENDANT.                   14,544       

      (B)  THE COMPLAINT MUST SPECIFY THE RELIEF SOUGHT.  THE      14,546       

COMPLAINT AND ACCOMPANYING DOCUMENTS MUST CONFORM SUBSTANTIALLY    14,547       

WITH THE REQUIREMENTS IMPOSED BY THE FORMS MANDATED BY FEDERAL     14,548       

LAW FOR USE IN CASES FILED BY A SUPPORT ENFORCEMENT AGENCY.        14,549       

      Sec. 3115.23.  A TRIBUNAL SHALL ORDER THAT THE ADDRESS OF A  14,552       

CHILD OR PARTY OR OTHER IDENTIFYING INFORMATION NOT BE DISCLOSED   14,553       

IN A PLEADING OR OTHER DOCUMENT FILED IN A PROCEEDING UNDER        14,554       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE IF A TRIBUNAL HAS               

MADE A FINDING, THAT MAY BE MADE EX PARTE, THAT THE HEALTH,        14,555       

                                                          354    

                                                                 
SAFETY, OR LIBERTY OF A PARTY OR CHILD WOULD BE UNREASONABLY PUT   14,556       

AT RISK BY THE DISCLOSURE OF IDENTIFYING INFORMATION.              14,557       

      Sec. 3115.24.  (A)  THE PLAINTIFF UNDER AN ACTION FILED      14,559       

PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE MAY    14,560       

NOT BE REQUIRED TO PAY A FILING FEE OR OTHER COSTS.                14,562       

      (B)  IF AN OBLIGEE PREVAILS, A RESPONDING TRIBUNAL MAY       14,564       

ASSESS AGAINST AN OBLIGOR FILING FEES, REASONABLE ATTORNEY'S       14,565       

FEES, OTHER COSTS, AND NECESSARY TRAVEL AND OTHER REASONABLE       14,566       

EXPENSES INCURRED BY THE OBLIGEE AND THE OBLIGEE'S WITNESSES.      14,567       

THE TRIBUNAL MAY NOT ASSESS FEES, COSTS, OR EXPENSES AGAINST THE   14,568       

OBLIGEE OR THE SUPPORT ENFORCEMENT AGENCY OF EITHER THE            14,569       

INITIATING OR THE RESPONDING STATE, EXCEPT AS PROVIDED BY OTHER    14,570       

LAW.  ATTORNEY'S FEES MAY BE TAXED AS COSTS, AND MAY BE ORDERED    14,571       

PAID DIRECTLY TO THE ATTORNEY, WHO MAY ENFORCE THE ORDER IN THE    14,572       

ATTORNEY'S OWN NAME.  PAYMENT OF SUPPORT OWED TO THE OBLIGEE HAS   14,573       

PRIORITY OVER FEES, COSTS AND EXPENSES.                            14,574       

      (C)  THE TRIBUNAL SHALL ORDER THE PAYMENT OF COSTS AND       14,576       

REASONABLE ATTORNEY'S FEES IF IT DETERMINES THAT A HEARING WAS     14,577       

REQUESTED PRIMARILY FOR DELAY.                                     14,578       

      Sec. 3115.25.  (A)  PARTICIPATION BY A PLAINTIFF IN A        14,580       

PROCEEDING BEFORE A RESPONDING TRIBUNAL PURSUANT TO SECTIONS       14,582       

3115.01 TO 3115.59 OF THE REVISED CODE, WHETHER IN PERSON, BY      14,583       

PRIVATE ATTORNEY, OR THROUGH SERVICES PROVIDED BY THE SUPPORT      14,584       

ENFORCEMENT AGENCY, DOES NOT CONFER PERSONAL JURISDICTION OVER     14,585       

THE PLAINTIFF IN ANOTHER PROCEEDING.                               14,586       

      (B)  A PLAINTIFF IS NOT AMENABLE TO SERVICE OF CIVIL         14,588       

PROCESS WHILE PHYSICALLY PRESENT IN THIS STATE TO PARTICIPATE IN   14,589       

A PROCEEDING UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED      14,590       

CODE.                                                                           

      (C)  THE IMMUNITY GRANTED BY THIS SECTION DOES NOT EXTEND    14,592       

TO CIVIL LITIGATION BASED ON ACTS UNRELATED TO A PROCEEDING UNDER  14,593       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE COMMITTED BY A     14,594       

PARTY WHILE PRESENT IN THIS STATE TO PARTICIPATE IN THE            14,596       

PROCEEDING.                                                                     

                                                          355    

                                                                 
      Sec. 3115.26.  A PARTY WHO HAS BEEN PREVIOUSLY DETERMINED    14,599       

PURSUANT TO LAW TO BE THE PARENT OF A CHILD MAY NOT PLEAD THAT     14,600       

THE PARTY IS NOT THE PARENT OF THE CHILD AS A DEFENSE TO A         14,601       

PROCEEDING UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE.               

      Sec. 3115.27.  EXCEPT AS PROVIDED IN SECTIONS 3115.04 AND    14,603       

3115.50 OF THE REVISED CODE, IN A PROCEEDING UNDER SECTIONS        14,604       

3115.01 TO 3115.59 OF THE REVISED CODE ALL THE FOLLOWING APPLY:                 

      (A)  THE PHYSICAL PRESENCE OF THE PLAINTIFF IN A RESPONDING  14,607       

TRIBUNAL OF THIS STATE IS NOT REQUIRED FOR THE ISSUANCE,           14,608       

ENFORCEMENT, OR MODIFICATION OF A SUPPORT ORDER OR THE             14,609       

DETERMINATION OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND                  

CHILD RELATIONSHIP.                                                14,610       

      (B)  A VERIFIED COMPLAINT, AFFIDAVIT, DOCUMENT               14,612       

SUBSTANTIALLY COMPLYING WITH FEDERALLY MANDATED FORMS, AND A       14,613       

DOCUMENT INCORPORATED BY REFERENCE IN ANY OF THEM, NOT EXCLUDED    14,614       

UNDER THE HEARSAY RULE IF GIVEN IN PERSON, IS ADMISSIBLE IN        14,615       

EVIDENCE IF GIVEN UNDER OATH BY A PARTY OR WITNESS RESIDING IN     14,616       

ANOTHER STATE.                                                     14,617       

      (C)  A COPY OF THE RECORD OF CHILD SUPPORT PAYMENTS          14,619       

CERTIFIED AS A TRUE COPY OF THE ORIGINAL BY THE CUSTODIAN OF THE   14,620       

RECORD MAY BE FORWARDED TO A RESPONDING TRIBUNAL.  THE COPY IS     14,621       

EVIDENCE OF FACTS ASSERTED IN IT, AND IS ADMISSIBLE TO SHOW        14,622       

WHETHER PAYMENTS WERE MADE.                                        14,623       

      (D)  COPIES OF BILLS FOR TESTING FOR PARENTAGE, AND FOR      14,625       

PRENATAL AND POSTNATAL HEALTH CARE OF THE MOTHER AND CHILD,        14,626       

FURNISHED TO THE ADVERSE PARTY AT LEAST TEN DAYS BEFORE TRIAL,     14,627       

ARE ADMISSIBLE IN EVIDENCE TO PROVE THE AMOUNT OF THE CHARGES      14,628       

BILLED AND THAT THE CHARGES WERE REASONABLE, NECESSARY, AND        14,629       

CUSTOMARY.                                                         14,630       

      (E)  DOCUMENTARY EVIDENCE TRANSMITTED FROM ANOTHER STATE TO  14,632       

A TRIBUNAL OF THIS STATE BY TELEPHONE, TELECOPIER, OR OTHER MEANS  14,633       

THAT DO NOT PROVIDE AN ORIGINAL WRITING MAY NOT BE EXCLUDED FROM   14,634       

EVIDENCE ON AN OBJECTION BASED ON THE MEANS OF TRANSMISSION.       14,635       

      (F)  A TRIBUNAL OF THIS STATE MAY PERMIT A PARTY OR WITNESS  14,638       

                                                          356    

                                                                 
RESIDING IN ANOTHER STATE TO BE DEPOSED OR TO TESTIFY BY           14,639       

TELEPHONE, AUDIOVISUAL MEANS, OR OTHER ELECTRONIC MEANS AT A       14,640       

DESIGNATED TRIBUNAL OR OTHER LOCATION IN THAT STATE.  A TRIBUNAL   14,641       

OF THIS STATE SHALL COOPERATE WITH TRIBUNALS OF OTHER STATES IN    14,642       

DESIGNATING AN APPROPRIATE LOCATION FOR THE DEPOSITION OR          14,643       

TESTIMONY.                                                                      

      (G)  IF A PARTY CALLED TO TESTIFY AT A CIVIL HEARING         14,645       

REFUSES TO ANSWER A QUESTION, THE TRIER OF FACT MAY DRAW AN        14,646       

ADVERSE INFERENCE FROM THE PERSON'S SILENCE.                       14,647       

      (H)  A PRIVILEGE AGAINST DISCLOSURE OF COMMUNICATIONS        14,649       

BETWEEN SPOUSES DOES NOT APPLY.                                    14,650       

      (I)  THE DEFENSE OF IMMUNITY BASED ON THE RELATIONSHIP OF    14,652       

HUSBAND AND WIFE OR PARENT AND CHILD DOES NOT APPLY.               14,653       

      Sec. 3115.28.  A TRIBUNAL OF THIS STATE MAY COMMUNICATE      14,655       

WITH A TRIBUNAL OF ANOTHER STATE IN WRITING, OR BY TELEPHONE OR    14,656       

OTHER MEANS, TO OBTAIN INFORMATION CONCERNING THE LAWS OF THAT     14,657       

STATE, THE LEGAL EFFECT OF A JUDGMENT, DECREE, OR ORDER OF THAT    14,658       

TRIBUNAL, AND THE STATUS OF A PROCEEDING IN THE OTHER STATE.  A    14,659       

TRIBUNAL OF THIS STATE MAY FURNISH SIMILAR INFORMATION BY SIMILAR  14,660       

MEANS TO A TRIBUNAL OF ANOTHER STATE.                              14,661       

      Sec. 3115.29.  A TRIBUNAL OF THIS STATE MAY REQUEST A        14,664       

TRIBUNAL OF ANOTHER STATE TO ASSIST IN OBTAINING DISCOVERY AND     14,665       

MAY, ON THE REQUEST OF A TRIBUNAL OF ANOTHER STATE, COMPEL A       14,667       

PERSON OVER WHOM IT HAS JURISDICTION TO RESPOND TO A DISCOVERY     14,668       

ORDER ISSUED BY THE REQUESTING TRIBUNAL.                           14,669       

      Sec. 3115.30.  A SUPPORT ENFORCEMENT AGENCY OR TRIBUNAL OF   14,671       

THIS STATE SHALL DISBURSE PROMPTLY ANY AMOUNTS RECEIVED PURSUANT   14,672       

TO A SUPPORT ORDER, AS DIRECTED IN THE ORDER.  THE AGENCY OR       14,673       

TRIBUNAL SHALL FURNISH TO A REQUESTING PARTY OR TRIBUNAL OF        14,674       

ANOTHER STATE A CERTIFIED STATEMENT BY THE CUSTODIAN OF THE        14,675       

RECORD OF THE AMOUNTS AND DATES OF ALL PAYMENTS RECEIVED.          14,676       

      Sec. 3115.31.  (A)  IF A SUPPORT ORDER ENTITLED TO           14,678       

RECOGNITION UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE  14,680       

HAS NOT BEEN ISSUED, A RESPONDING TRIBUNAL OF THIS STATE MAY       14,682       

                                                          357    

                                                                 
ISSUE A SUPPORT ORDER IF EITHER OF THE FOLLOWING APPLY:                         

      (1)  THE INDIVIDUAL SEEKING THE ORDER RESIDES IN ANOTHER     14,684       

STATE;                                                             14,685       

      (2)  THE SUPPORT ENFORCEMENT AGENCY SEEKING THE ORDER IS     14,687       

LOCATED IN ANOTHER STATE.                                          14,688       

      (B)  THE TRIBUNAL MAY ISSUE A TEMPORARY CHILD SUPPORT ORDER  14,690       

IF ANY OF THE FOLLOWING APPLY:                                     14,691       

      (1)  THE DEFENDANT HAS SIGNED A VERIFIED STATEMENT           14,693       

ACKNOWLEDGING THAT THE DEFENDANT IS THE PARENT OF THE CHILD;       14,694       

      (2)  THE DEFENDANT HAS BEEN DETERMINED BY OR PURSUANT TO     14,696       

LAW TO BE THE PARENT;                                              14,697       

      (3)  THERE IS OTHER CLEAR AND CONVINCING EVIDENCE THAT THE   14,699       

DEFENDANT IS THE CHILD'S PARENT.                                   14,700       

      (C)(1)  IF THE RESPONDING TRIBUNAL FINDS, AFTER GIVING       14,702       

NOTICE AND AN OPPORTUNITY TO BE HEARD TO THE OBLIGOR, THAT THE     14,703       

OBLIGOR OWES A DUTY OF SUPPORT, IT SHALL ISSUE A SUPPORT ORDER     14,704       

DIRECTED TO THE OBLIGOR AND MAY ISSUE ANY OTHER ORDER UNDER        14,706       

SECTION 3115.16 OF THE REVISED CODE.  SUPPORT ORDERS MADE                       

PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE SHALL  14,708       

REQUIRE THAT PAYMENTS BE MADE TO THE DIVISION OF CHILD SUPPORT IN  14,709       

THE DEPARTMENT OF HUMAN SERVICES.                                  14,710       

      (2)  THE RESPONDING TRIBUNAL SHALL TRANSMIT TO THE           14,712       

INITIATING TRIBUNAL A COPY OF ALL ORDERS OF SUPPORT OR FOR         14,713       

REIMBURSEMENT OF SUPPORT.                                          14,714       

      (3)  EACH ORDER FOR SUPPORT MADE OR MODIFIED UNDER SECTION   14,716       

3115.16 OF THE REVISED CODE, THIS SECTION, AND UNDER FORMER        14,717       

SECTION 3115.22 OF THE REVISED CODE ON OR AFTER DECEMBER 31,       14,719       

1993, SHALL INCLUDE AS PART OF THE ORDER A GENERAL PROVISION, AS   14,721       

DESCRIBED IN DIVISION (A)(1) OF SECTION 3113.21 OF THE REVISED     14,722       

CODE, REQUIRING THE WITHHOLDING OR DEDUCTION OF INCOME OR ASSETS   14,723       

OF THE OBLIGOR UNDER THE ORDER AS DESCRIBED IN DIVISION (D) OF     14,724       

SECTION 3113.21 OF THE REVISED CODE OR ANOTHER TYPE OF             14,725       

APPROPRIATE REQUIREMENT AS DESCRIBED IN DIVISION (D)(3), (D)(4),   14,726       

OR (H) OF THAT SECTION, TO ENSURE THAT WITHHOLDING OR DEDUCTION    14,728       

                                                          358    

                                                                 
FROM THE INCOME OR ASSETS OF THE OBLIGOR IS AVAILABLE FROM THE     14,729       

COMMENCEMENT OF THE SUPPORT ORDER FOR COLLECTION OF THE SUPPORT    14,730       

AND OF ANY ARREARAGES THAT OCCUR; A STATEMENT REQUIRING ALL        14,731       

PARTIES TO THE ORDER TO NOTIFY THE SUPPORT ENFORCEMENT AGENCY IN   14,732       

WRITING OF THEIR CURRENT MAILING ADDRESS, CURRENT RESIDENCE        14,733       

ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S      14,734       

LICENSE NUMBER, AND ANY CHANGES TO THAT INFORMATION; AND A NOTICE  14,735       

THAT THE REQUIREMENT TO NOTIFY THE AGENCY OF ALL CHANGES TO THAT   14,737       

INFORMATION CONTINUES UNTIL FURTHER NOTICE FROM THE TRIBUNAL.      14,738       

ANY TRIBUNAL THAT MAKES OR MODIFIES AN ORDER FOR SUPPORT UNDER     14,740       

THIS SECTION OR FORMER SECTION 3115.22 OF THE REVISED CODE ON OR                

AFTER APRIL 12, 1990, SHALL COMPLY WITH SECTIONS 3113.21 TO        14,742       

3113.219 OF THE REVISED CODE.  IF ANY PERSON REQUIRED TO PAY       14,743       

CHILD SUPPORT UNDER AN ORDER MADE UNDER THIS SECTION OR FORMER     14,744       

SECTION 3115.22 OF THE REVISED CODE ON OR AFTER APRIL 15, 1985,    14,745       

OR ANY PERSON REQUIRED TO PAY SUPPORT UNDER AN ORDER MADE OR       14,746       

MODIFIED UNDER THIS SECTION OR FORMER SECTION 3115.22 OF THE       14,747       

REVISED CODE ON OR AFTER DECEMBER 31, 1986, IS FOUND IN CONTEMPT   14,748       

OF COURT FOR FAILURE TO MAKE SUPPORT PAYMENTS UNDER THE ORDER,     14,749       

THE TRIBUNAL THAT MAKES THE FINDING, IN ADDITION TO ANY OTHER      14,750       

PENALTY OR REMEDY IMPOSED, SHALL ASSESS ALL COURT COSTS ARISING    14,751       

OUT OF THE CONTEMPT PROCEEDING AGAINST THE PERSON AND REQUIRE THE  14,752       

PERSON TO PAY ANY REASONABLE ATTORNEY'S FEES OF ANY ADVERSE        14,753       

PARTY, AS DETERMINED BY THE TRIBUNAL, THAT AROSE IN RELATION TO    14,754       

THE ACT OF CONTEMPT.                                               14,755       

      Sec. 3115.32.  AN INCOME WITHHOLDING ORDER ISSUED IN         14,757       

ANOTHER STATE MAY BE SENT TO THE INDIVIDUAL OR ENTITY DEFINED AS   14,758       

THE OBLIGOR'S PAYOR UNDER SECTIONS 3111.20 AND 3113.21 OF THE      14,759       

REVISED CODE WITHOUT FIRST FILING A COMPLAINT OR COMPARABLE        14,760       

PLEADING OR REGISTERING THE ORDER WITH A TRIBUNAL OF THIS STATE.   14,761       

      Sec. 3115.33.  (A)  UPON RECEIPT OF AN INCOME WITHHOLDING    14,763       

ORDER, THE OBLIGOR'S EMPLOYER SHALL IMMEDIATELY PROVIDE A COPY OF  14,765       

THE ORDER TO THE OBLIGOR.                                          14,766       

      (B)  THE EMPLOYER SHALL TREAT AN INCOME WITHHOLDING ORDER    14,768       

                                                          359    

                                                                 
ISSUED IN ANOTHER STATE WHICH APPEARS REGULAR ON ITS FACE AS IF    14,769       

IT HAD BEEN ISSUED BY A TRIBUNAL OF THIS STATE.                    14,770       

      (C)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF THIS    14,772       

SECTION AND SECTION 3115.34 OF THE REVISED CODE, THE EMPLOYER      14,774       

SHALL WITHHOLD AND DISTRIBUTE THE FUNDS AS DIRECTED IN THE         14,775       

WITHHOLDING ORDER BY COMPLYING WITH TERMS OF THE ORDER THAT        14,776       

SPECIFY:                                                                        

      (1)  THE DURATION AND AMOUNT OF PERIODIC PAYMENTS OF         14,778       

SUPPORT, STATED AS A SUM CERTAIN;                                  14,779       

      (2)  THE PERSON OR AGENCY DESIGNATED TO RECEIVE PAYMENTS     14,781       

AND THE ADDRESS TO WHICH THE PAYMENTS ARE TO BE FORWARDED;         14,782       

      (3)  MEDICAL SUPPORT, WHETHER IN THE FORM OF PERIODIC CASH   14,784       

PAYMENT, STATED AS A SUM CERTAIN, OR ORDERING THE OBLIGOR TO       14,785       

PROVIDE HEALTH INSURANCE COVERAGE UNDER A POLICY AVAILABLE         14,787       

THROUGH THE OBLIGOR'S EMPLOYMENT;                                               

      (4)  THE AMOUNT OF PERIODIC PAYMENTS OF FEES AND COSTS FOR   14,789       

A SUPPORT ENFORCEMENT AGENCY, THE ISSUING TRIBUNAL, AND THE        14,790       

OBLIGEE'S ATTORNEY, STATED AS A SUM CERTAIN;                       14,791       

      (5)  THE AMOUNT OF PERIODIC PAYMENTS OF ARREARAGES AND       14,793       

INTEREST ON ARREARAGES, STATED AS A SUM CERTAIN.                   14,794       

      (D)  AN EMPLOYER SHALL COMPLY WITH THE LAW OF THE STATE OF   14,796       

THE OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT FOR WITHHOLDING FROM   14,797       

INCOME WITH RESPECT TO ALL OF THE FOLLOWING:                       14,798       

      (1)  THE EMPLOYER'S FEE FOR PROCESSING AN INCOME             14,800       

WITHHOLDING ORDER;                                                 14,801       

      (2)  THE MAXIMUM AMOUNT PERMITTED TO BE WITHHELD FROM THE    14,803       

OBLIGOR'S INCOME;                                                  14,804       

      (3)  THE TIMES WITHIN WHICH THE EMPLOYER MUST IMPLEMENT THE  14,806       

WITHHOLDING ORDER AND FORWARD THE SUPPORT PAYMENT.                 14,807       

      Sec. 3115.34.  IF AN OBLIGOR'S EMPLOYER RECEIVES MULTIPLE    14,809       

INCOME WITHHOLDING ORDERS WITH RESPECT TO THE EARNINGS OF THE      14,811       

SAME OBLIGOR, THE EMPLOYER SATISFIES THE TERMS OF THE MULTIPLE     14,812       

ORDERS IF THE EMPLOYER COMPLIES WITH THE LAW OF THE STATE OF THE   14,813       

OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT TO ESTABLISH THE           14,814       

                                                          360    

                                                                 
PRIORITIES FOR WITHHOLDING AND ALLOCATING INCOME WITHHELD FOR      14,815       

MULTIPLE SUPPORT OBLIGEES.                                         14,816       

      Sec. 3115.35.  AN EMPLOYER WHO COMPLIES WITH AN INCOME       14,818       

WITHHOLDING ORDER ISSUED IN ANOTHER STATE IN ACCORDANCE WITH       14,819       

SECTIONS 3115.32 TO 3115.37 OF THE REVISED CODE IS NOT SUBJECT TO  14,820       

CIVIL LIABILITY TO AN INDIVIDUAL OR AGENCY WITH REGARD TO THE      14,821       

EMPLOYER'S WITHHOLDING OF SUPPORT FROM THE OBLIGOR'S INCOME        14,822       

PURSUANT TO THE SUPPORT ORDER.                                                  

      Sec. 3115.36.  AN EMPLOYER WHO WILLFULLY FAILS TO COMPLY     14,824       

WITH AN INCOME WITHHOLDING ORDER ISSUED BY ANOTHER STATE AND       14,825       

RECEIVED FOR ENFORCEMENT IS SUBJECT TO THE SAME PENALTIES THAT     14,826       

MAY BE IMPOSED FOR NONCOMPLIANCE WITH AN ORDER ISSUED BY A         14,827       

TRIBUNAL OF THIS STATE.                                            14,828       

      Sec. 3115.37.  (A)  IF A PERSON DESIGNATED AS AN OBLIGOR     14,830       

UNDER AN INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE AND      14,831       

RECEIVED DIRECTLY BY AN EMPLOYER IN THIS STATE BELIEVES THAT THE   14,832       

PERSON IS NOT SUBJECT TO A SUPPORT ORDER OR DOES NOT HAVE A DUTY   14,833       

OF SUPPORT UNDER ANY ORDER ISSUED BY ANY TRIBUNAL PURSUANT TO      14,834       

WHICH THE INCOME WITHHOLDING ORDER WAS ISSUED, THE PERSON MAY      14,835       

CONTEST THE VALIDITY OR ENFORCEMENT OF THE INCOME WITHHOLDING      14,836       

ORDER BY FILING AN ACTION FOR DECLARATORY JUDGMENT PURSUANT TO     14,837       

CHAPTER 2721. OF THE REVISED CODE IN THE COURT OF COMMON PLEAS IN  14,838       

THE COUNTY IN WHICH IS LOCATED THE EMPLOYER'S PRINCIPAL PLACE OF   14,839       

BUSINESS REQUESTING THAT THE COURT DETERMINE WHETHER THE PERSON                 

IS THE OBLIGOR SUBJECT TO A SUPPORT ORDER OR HAS A DUTY OF         14,840       

SUPPORT UNDER A SUPPORT ORDER PURSUANT TO WHICH THE INCOME         14,841       

WITHHOLDING ORDER WAS ISSUED.                                                   

      (B)  THE OBLIGOR SHALL GIVE NOTICE OF THE ACTION INITIATED   14,843       

PURSUANT TO CHAPTER 2721. OF THE REVISED CODE TO ALL OF THE        14,844       

FOLLOWING:                                                                      

      (1)  A SUPPORT ENFORCEMENT AGENCY PROVIDING SERVICES TO THE  14,846       

OBLIGEE;                                                           14,847       

      (2)  EACH EMPLOYER THAT HAS DIRECTLY RECEIVED AN INCOME      14,850       

WITHHOLDING ORDER;                                                              

                                                          361    

                                                                 
      (3)  THE PERSON OR AGENCY DESIGNATED TO RECEIVE PAYMENTS IN  14,852       

THE INCOME WITHHOLDING ORDER OR, IF NO PERSON OR AGENCY IS         14,853       

DESIGNATED, THE OBLIGEE.                                           14,854       

      (C)  NOTWITHSTANDING SECTIONS 3115.32 TO 3115.36 OF THE      14,856       

REVISED CODE, IF THE COURT ISSUES AN ORDER DETERMINING THAT THE    14,857       

PERSON IS NOT AN OBLIGOR SUBJECT TO A SUPPORT ORDER OR DOES NOT    14,858       

HAVE A DUTY OF SUPPORT UNDER A SUPPORT ORDER PURSUANT TO WHICH     14,859       

THE INCOME WITHHOLDING ORDER WAS ISSUED, THE EMPLOYER SHALL NOT    14,860       

ENFORCE THE INCOME WITHHOLDING ORDER AGAINST THE PERSON.                        

      Sec. 3115.38.  A PARTY SEEKING TO ENFORCE A SUPPORT ORDER    14,862       

OR AN INCOME WITHHOLDING ORDER, OR BOTH, ISSUED BY A TRIBUNAL OF   14,863       

ANOTHER STATE MAY SEND THE DOCUMENTS REQUIRED FOR REGISTERING THE  14,865       

ORDER PURSUANT TO SECTIONS 3115.39 TO 3115.51 OF THE REVISED CODE               

TO A SUPPORT ENFORCEMENT AGENCY OF THIS STATE.  ON RECEIPT OF THE  14,867       

DOCUMENTS, THE SUPPORT ENFORCEMENT AGENCY, WITHOUT INITIALLY       14,868       

SEEKING TO REGISTER THE ORDER, SHALL CONSIDER AND, IF              14,869       

APPROPRIATE, USE ANY ADMINISTRATIVE PROCEDURE AUTHORIZED BY THE    14,870       

LAW OF THIS STATE TO ENFORCE A SUPPORT ORDER OR AN INCOME          14,871       

WITHHOLDING ORDER, OR BOTH.  IF THE OBLIGOR DOES NOT CONTEST       14,872       

ADMINISTRATIVE ENFORCEMENT, THE ORDER NEED NOT BE REGISTERED.  IF  14,873       

THE OBLIGOR CONTESTS THE VALIDITY OR ADMINISTRATIVE ENFORCEMENT    14,874       

OF THE ORDER, THE SUPPORT ENFORCEMENT AGENCY SHALL REGISTER THE    14,875       

ORDER PURSUANT TO SECTIONS 3115.39 TO 3115.51 OF THE REVISED                    

CODE.                                                                           

      Sec. 3115.39.  (A)  A SUPPORT ORDER OR INCOME WITHHOLDING    14,877       

ORDER OF ANOTHER STATE MAY BE REGISTERED IN THIS STATE BY SENDING  14,879       

ALL OF THE FOLLOWING DOCUMENTS AND INFORMATION TO THE APPROPRIATE  14,880       

TRIBUNAL IN THIS STATE:                                            14,881       

      (1)  A LETTER OF TRANSMITTAL TO THE TRIBUNAL REQUESTING      14,883       

REGISTRATION AND ENFORCEMENT;                                      14,884       

      (2)  TWO COPIES, INCLUDING ONE CERTIFIED COPY, OF ALL        14,886       

ORDERS TO BE REGISTERED, INCLUDING ANY MODIFICATION OF AN ORDER;   14,887       

      (3)  A SWORN STATEMENT BY THE PARTY SEEKING REGISTRATION OR  14,889       

A CERTIFIED STATEMENT BY THE CUSTODIAN OF THE RECORDS SHOWING THE  14,890       

                                                          362    

                                                                 
AMOUNT OF ANY ARREARAGE;                                           14,891       

      (4)  THE NAME OF THE OBLIGOR AND ALL OF THE FOLLOWING, IF    14,893       

KNOWN:                                                                          

      (a)  THE OBLIGOR'S ADDRESS AND SOCIAL SECURITY NUMBER;       14,895       

      (b)  THE NAME AND ADDRESS OF THE OBLIGOR'S EMPLOYER AND ANY  14,897       

OTHER SOURCE OF INCOME OF THE OBLIGOR;                             14,898       

      (c)  A DESCRIPTION AND THE LOCATION OF PROPERTY OF THE       14,900       

OBLIGOR IN THIS STATE NOT EXEMPT FROM EXECUTION.                   14,901       

      (5)  THE NAME AND ADDRESS OF THE OBLIGEE AND, IF             14,903       

APPLICABLE, THE AGENCY OR PERSON TO WHOM SUPPORT PAYMENTS ARE TO   14,904       

BE REMITTED.                                                       14,905       

      (B)  ON RECEIPT OF A REQUEST FOR REGISTRATION, THE           14,907       

REGISTERING TRIBUNAL SHALL CAUSE THE ORDER TO BE FILED, TOGETHER   14,909       

WITH ONE COPY OF THE DOCUMENTS AND INFORMATION, REGARDLESS OF      14,910       

THEIR FORM.                                                                     

      (C)  A COMPLAINT OR COMPARABLE PLEADING SEEKING A REMEDY     14,912       

THAT MUST BE AFFIRMATIVELY SOUGHT UNDER OTHER LAW OF THIS STATE    14,913       

MAY BE FILED AT THE SAME TIME AS THE REQUEST FOR REGISTRATION OR   14,914       

AT A LATER TIME.  THE PLEADING MUST SPECIFY THE GROUNDS FOR THE    14,915       

REMEDY SOUGHT.                                                     14,916       

      Sec. 3115.40.  A SUPPORT ORDER OR INCOME WITHHOLDING ORDER   14,918       

ISSUED IN ANOTHER STATE IS REGISTERED WHEN THE ORDER IS FILED IN   14,919       

THE REGISTERING TRIBUNAL OF THIS STATE PURSUANT TO SECTION         14,920       

3115.39 OF THE REVISED CODE.  A REGISTERED ORDER ISSUED IN         14,921       

ANOTHER STATE THAT IS CONFIRMED PURSUANT TO SECTION 3115.43 OR     14,922       

3115.44 OF THE REVISED CODE IS ENFORCEABLE IN THE SAME MANNER AND  14,923       

IS SUBJECT TO THE SAME PROCEDURES AS AN ORDER ISSUED BY A          14,924       

TRIBUNAL OF THIS STATE.  EXCEPT AS PROVIDED IN SECTIONS 3115.39    14,925       

TO 3115.51 OF THE REVISED CODE, A TRIBUNAL OF THIS STATE SHALL     14,926       

RECOGNIZE AND ENFORCE, BUT MAY NOT MODIFY, A REGISTERED ORDER      14,927       

THAT HAS BEEN CONFIRMED IF THE ISSUING TRIBUNAL HAD JURISDICTION.  14,928       

      Sec. 3115.41.  THE LAW OF THE ISSUING STATE GOVERNS THE      14,930       

NATURE, EXTENT, AMOUNT, AND DURATION OF CURRENT PAYMENTS AND       14,931       

OTHER OBLIGATIONS OF SUPPORT AND THE PAYMENT OF ARREARAGES UNDER   14,932       

                                                          363    

                                                                 
THE ORDER.  IN A PROCEEDING FOR ARREARAGES, THE STATUTE OF         14,933       

LIMITATION UNDER THE LAWS OF THIS STATE OR OF THE ISSUING STATE,   14,934       

WHICHEVER IS LONGER, APPLIES.                                      14,935       

      Sec. 3115.42.  (A)  WHEN A SUPPORT ORDER OR INCOME           14,937       

WITHHOLDING ORDER ISSUED IN ANOTHER STATE IS REGISTERED,           14,939       

IMMEDIATELY ON REGISTRATION THE REGISTERING TRIBUNAL SHALL SEND    14,941       

NOTICE TO THE NONREGISTERING PARTY OF THE REGISTRATION.  THE                    

NOTICE MUST BE ACCOMPANIED BY A COPY OF THE REGISTERED ORDER AND   14,943       

THE DOCUMENTS AND RELEVANT INFORMATION DESCRIBED IN DIVISION (A)   14,944       

OF SECTION 3115.39 OF THE REVISED CODE.                                         

      (B)  THE NOTICE MUST INFORM THE NONREGISTERING PARTY OF ALL  14,946       

OF THE FOLLOWING:                                                  14,947       

      (1)  THAT A REGISTERED ORDER THAT IS CONFIRMED PURSUANT TO   14,949       

SECTION 3115.43 OR 3115.44 OF THE REVISED CODE IS ENFORCEABLE AS   14,950       

OF THE DATE OF REGISTRATION IN THE SAME MANNER AS AN ORDER ISSUED  14,951       

BY A TRIBUNAL OF THIS STATE;                                       14,952       

      (2)  THAT A HEARING TO CONTEST THE VALIDITY OR ENFORCEMENT   14,954       

OF THE REGISTERED ORDER MUST BE REQUESTED PURSUANT TO SECTION      14,955       

3115.43 OF THE REVISED CODE NO LATER THAN TWENTY DAYS AFTER THE    14,957       

DATE OF MAILING OR PERSONAL SERVICE OF THE NOTICE;                              

      (3)  THAT FAILURE TO CONTEST THE VALIDITY OR ENFORCEMENT OF  14,959       

THE REGISTERED ORDER IN A TIMELY MANNER WILL RESULT IN             14,960       

CONFIRMATION OF THE ORDER AND ENFORCEMENT OF THE ORDER AND THE     14,961       

ALLEGED ARREARAGES AND PRECLUDES FURTHER CONTEST OF THAT ORDER     14,962       

WITH RESPECT TO ANY MATTER THAT COULD HAVE BEEN ASSERTED;          14,963       

      (4)  THE AMOUNT OF ANY ALLEGED ARREARAGES UNDER THE SUPPORT  14,965       

ORDER.                                                                          

      (C)  ON REGISTRATION OF AN INCOME WITHHOLDING ORDER FOR      14,967       

ENFORCEMENT, THE REGISTERING TRIBUNAL SHALL ISSUE A WITHHOLDING    14,968       

NOTICE TO THE OBLIGOR'S EMPLOYER PURSUANT TO SECTIONS 3113.21 TO   14,970       

3113.219 OF THE REVISED CODE.                                                   

      Sec. 3115.43.  (A)  A NONREGISTERING PARTY SEEKING TO        14,972       

CONTEST THE VALIDITY OR ENFORCEMENT OF A REGISTERED ORDER IN THIS  14,974       

STATE SHALL REQUEST A HEARING NO LATER THAN TWENTY DAYS AFTER THE  14,975       

                                                          364    

                                                                 
DATE OF MAILING OR PERSONAL SERVICE OF THE NOTICE OF THE           14,976       

REGISTRATION BY FILING A MOTION WITH THE REGISTERING TRIBUNAL.     14,977       

THE NONREGISTERING PARTY MAY SEEK TO VACATE THE REGISTRATION, TO   14,978       

ASSERT ANY DEFENSE TO AN ALLEGATION OF NONCOMPLIANCE WITH THE      14,979       

REGISTERED ORDER, OR TO CONTEST THE REMEDIES BEING SOUGHT OR THE   14,980       

AMOUNT OF ANY ALLEGED ARREARAGES PURSUANT TO SECTION 3115.44 OF    14,981       

THE REVISED CODE.                                                               

      (B)  IF THE NONREGISTERING PARTY FAILS TO MAKE THE REQUEST   14,983       

PURSUANT TO DIVISION (A) OF THIS SECTION IN A TIMELY MANNER, THE   14,985       

ORDER IS CONFIRMED BY OPERATION OF LAW.                                         

      (C)  IF A NONREGISTERING PARTY MAKES A REQUEST PURSUANT TO   14,987       

DIVISION (A) OF THIS SECTION IN A TIMELY MANNER, THE REGISTERING   14,990       

TRIBUNAL SHALL SCHEDULE THE MATTER FOR HEARING AND GIVE NOTICE TO  14,991       

THE PARTIES OF THE DATE, TIME, AND PLACE OF THE HEARING.  AT THE   14,992       

HEARING, THE REGISTERING TRIBUNAL SHALL DETERMINE WHETHER THE                   

REGISTERED ORDER IS TO BE CONFIRMED.                               14,993       

      Sec. 3115.44.  (A)  A PARTY CONTESTING THE VALIDITY OR       14,995       

ENFORCEMENT OF A REGISTERED ORDER OR SEEKING TO VACATE THE         14,997       

REGISTRATION HAS THE BURDEN OF PROVING ONE OR MORE OF THE          14,998       

FOLLOWING DEFENSES:                                                             

      (1)  THE ISSUING TRIBUNAL LACKED PERSONAL JURISDICTION OVER  15,000       

THE CONTESTING PARTY;                                              15,001       

      (2)  THE ORDER WAS OBTAINED BY FRAUD;                        15,003       

      (3)  THE ORDER HAS BEEN VACATED, SUSPENDED, OR MODIFIED BY   15,005       

A LATER ORDER;                                                     15,006       

      (4)  THE ISSUING TRIBUNAL HAS STAYED THE ORDER PENDING       15,008       

APPEAL;                                                            15,009       

      (5)  THERE IS A DEFENSE UNDER THE LAW OF THIS STATE TO THE   15,011       

REMEDY SOUGHT;                                                     15,012       

      (6)  FULL OR PARTIAL PAYMENT HAS BEEN MADE;                  15,014       

      (7)  THE APPLICABLE STATUTE OF LIMITATION UNDER SECTION      15,016       

3115.41 OF THE REVISED CODE PRECLUDES ENFORCEMENT OF SOME OR ALL   15,017       

OF THE ARREARAGES.                                                              

      (B)  IF A PARTY PRESENTS EVIDENCE ESTABLISHING A FULL OR     15,019       

                                                          365    

                                                                 
PARTIAL DEFENSE UNDER DIVISION (A) OF THIS SECTION, A TRIBUNAL     15,020       

MAY STAY ENFORCEMENT OF THE REGISTERED ORDER, CONTINUE THE         15,022       

PROCEEDING TO PERMIT PRODUCTION OF ADDITIONAL RELEVANT EVIDENCE,   15,023       

AND ISSUE OTHER APPROPRIATE ORDERS.  AN UNCONTESTED PORTION OF     15,024       

THE REGISTERED ORDER MAY BE ENFORCED BY ALL REMEDIES AVAILABLE     15,025       

UNDER THE LAW OF THIS STATE.                                       15,026       

      (C)  IF THE CONTESTING PARTY DOES NOT ESTABLISH A DEFENSE    15,028       

UNDER DIVISION (A) OF THIS SECTION TO THE VALIDITY OR ENFORCEMENT  15,029       

OF THE ORDER, THE REGISTERING TRIBUNAL SHALL ISSUE AN ORDER        15,031       

CONFIRMING THE ORDER.                                              15,032       

      Sec. 3115.45.  CONFIRMATION OF A REGISTERED ORDER, WHETHER   15,034       

BY OPERATION OF LAW UNDER SECTION 3115.43 OF THE REVISED CODE OR   15,035       

AFTER NOTICE AND HEARING PURSUANT TO SECTION 3115.44 OF THE        15,036       

REVISED CODE, PRECLUDES FURTHER CONTEST OF THE ORDER WITH RESPECT  15,037       

TO ANY MATTER THAT COULD HAVE BEEN ASSERTED AT THE TIME OF         15,038       

REGISTRATION.                                                                   

      Sec. 3115.46.  A PARTY OR SUPPORT ENFORCEMENT AGENCY         15,040       

SEEKING TO MODIFY, OR TO MODIFY AND ENFORCE, A CHILD SUPPORT       15,041       

ORDER ISSUED IN ANOTHER STATE SHALL REGISTER THAT ORDER IN THIS    15,042       

STATE PURSUANT TO SECTION 3115.39 OF THE REVISED CODE.  A MOTION   15,043       

FOR MODIFICATION MAY BE FILED AT THE SAME TIME AS A REQUEST FOR    15,045       

REGISTRATION, OR AT A LATER TIME.  THE MOTION MUST SPECIFY THE     15,046       

GROUNDS FOR MODIFICATION.                                                       

      Sec. 3115.47.  A TRIBUNAL OF THIS STATE MAY ENFORCE A CHILD  15,048       

SUPPORT ORDER OF ANOTHER STATE REGISTERED FOR PURPOSES OF          15,050       

MODIFICATION, IN THE SAME MANNER AS IF THE ORDER HAD BEEN ISSUED   15,051       

BY A TRIBUNAL OF THIS STATE, BUT THE REGISTERED ORDER MAY BE       15,052       

MODIFIED ONLY IF THE REQUIREMENTS OF SECTION 3115.48 OF THE        15,054       

REVISED CODE HAVE BEEN MET.                                                     

      Sec. 3115.48.  (A)  AFTER A CHILD SUPPORT ORDER ISSUED IN    15,056       

ANOTHER STATE HAS BEEN REGISTERED IN THIS STATE, THE RESPONDING    15,058       

TRIBUNAL OF THIS STATE MAY MODIFY THAT ORDER ONLY IF SECTION       15,059       

3115.50 OF THE REVISED CODE DOES NOT APPLY AND AFTER NOTICE AND    15,060       

HEARING IT FINDS EITHER OF THE FOLLOWING APPLICABLE:                            

                                                          366    

                                                                 
      (1)  THE CHILD, THE INDIVIDUAL OBLIGEE, AND THE OBLIGOR      15,062       

SUBJECT TO THE SUPPORT ORDER DO NOT RESIDE IN THE ISSUING STATE,   15,064       

A PETITIONER WHO IS A NONRESIDENT OF THIS STATE SEEKS              15,065       

MODIFICATION, AND THE RESPONDENT IS SUBJECT TO THE PERSONAL        15,067       

JURISDICTION OF THE TRIBUNAL OF THIS STATE.                        15,068       

      (2)  THE CHILD, OR A PARTY WHO IS AN INDIVIDUAL, IS SUBJECT  15,070       

TO THE PERSONAL JURISDICTION OF THE TRIBUNAL OF THIS STATE AND     15,071       

ALL OF THE PARTIES WHO ARE INDIVIDUALS HAVE FILED WRITTEN          15,072       

CONSENTS IN THE ISSUING TRIBUNAL FOR A TRIBUNAL OF THIS STATE TO   15,073       

MODIFY THE SUPPORT ORDER AND ASSUME CONTINUING, EXCLUSIVE          15,074       

JURISDICTION OVER THE ORDER.  HOWEVER, IF THE ISSUING STATE IS A   15,075       

FOREIGN JURISDICTION THAT HAS NOT ENACTED A LAW OR ESTABLISHED     15,076       

PROCEDURES SUBSTANTIALLY SIMILAR TO THE PROCEDURES UNDER SECTIONS  15,078       

3115.01 TO 3115.59 OF THE REVISED CODE, THE CONSENT OTHERWISE                   

REQUIRED OF AN INDIVIDUAL RESIDING IN THIS STATE IS NOT REQUIRED   15,080       

FOR THE TRIBUNAL TO ASSUME JURISDICTION TO MODIFY THE CHILD        15,081       

SUPPORT ORDER.                                                                  

      (B)  MODIFICATION OF A REGISTERED CHILD SUPPORT ORDER IS     15,084       

SUBJECT TO THE SAME REQUIREMENTS, PROCEDURES, AND DEFENSES THAT    15,085       

APPLY TO THE MODIFICATION OF AN ORDER ISSUED BY A TRIBUNAL OF      15,086       

THIS STATE AND THE ORDER MAY BE ENFORCED AND SATISFIED IN THE      15,087       

SAME MANNER.                                                                    

      (C)  A TRIBUNAL OF THIS STATE MAY NOT MODIFY ANY ASPECT OF   15,089       

A CHILD SUPPORT ORDER THAT MAY NOT BE MODIFIED UNDER THE LAW OF    15,090       

THE ISSUING STATE.  IF TWO OR MORE TRIBUNALS HAVE ISSUED CHILD     15,092       

SUPPORT ORDERS FOR THE SAME OBLIGOR AND CHILD, THE ORDER THAT      15,093       

MUST BE RECOGNIZED AS CONTROLLING UNDER SECTION 3115.09 OF THE     15,094       

REVISED CODE ESTABLISHES THE ASPECTS OF THE CHILD SUPPORT ORDER                 

THAT ARE NONMODIFIABLE.                                            15,095       

      (D)  ON ISSUANCE OF AN ORDER MODIFYING A CHILD SUPPORT       15,097       

ORDER ISSUED IN ANOTHER STATE, A TRIBUNAL OF THIS STATE BECOMES    15,098       

THE TRIBUNAL HAVING CONTINUING, EXCLUSIVE JURISDICTION.            15,099       

      Sec. 3115.49.  A TRIBUNAL OF THIS STATE SHALL RECOGNIZE A    15,101       

MODIFICATION OF ITS EARLIER CHILD SUPPORT ORDER BY A TRIBUNAL OF   15,102       

                                                          367    

                                                                 
ANOTHER STATE THAT ASSUMED JURISDICTION PURSUANT TO A LAW ADOPTED  15,103       

BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO SECTIONS       15,104       

3115.01 TO 3115.59 OF THE REVISED CODE AND, UPON REQUEST, EXCEPT   15,105       

AS OTHERWISE PROVIDED IN SECTIONS 3115.01 TO 3115.59 OF THE        15,106       

REVISED CODE, SHALL DO ALL OF THE FOLLOWING:                       15,107       

      (A)  ENFORCE COLLECTION OF SUPPORT AMOUNTS ACCRUING BEFORE   15,110       

THE MODIFICATION OF THE ORDER;                                                  

      (B)  ENFORCE ONLY NONMODIFIABLE ASPECTS OF THAT ORDER;       15,112       

      (C)  PROVIDE OTHER APPROPRIATE RELIEF ONLY FOR VIOLATIONS    15,114       

OF THAT ORDER THAT OCCURRED BEFORE THE EFFECTIVE DATE OF THE       15,115       

MODIFICATION;                                                      15,116       

      (D)  RECOGNIZE THE MODIFYING ORDER OF THE OTHER STATE, UPON  15,118       

REGISTRATION, FOR THE PURPOSE OF ENFORCEMENT.                      15,119       

      Sec. 3115.50.  IF ALL OF THE PARTIES WHO ARE INDIVIDUALS     15,121       

RESIDE IN THIS STATE AND THE CHILD DOES NOT RESIDE IN THE ISSUING  15,123       

STATE, A TRIBUNAL OF THIS STATE HAS JURISDICTION TO ENFORCE AND    15,124       

TO MODIFY THE ISSUING STATE'S CHILD SUPPORT ORDER IN A PROCEEDING  15,125       

TO REGISTER THAT ORDER.  SECTIONS 3115.01 TO 3115.11 AND 3115.39   15,127       

TO 3115.51 OF THE REVISED CODE AND THE PROCEDURAL AND SUBSTANTIVE  15,128       

LAWS OF THIS STATE ARE APPLICABLE, AND SECTIONS 3115.12 TO                      

3115.38, 3115.52 TO 3115.54, 3115.58, AND 3115.59 OF THE REVISED   15,130       

CODE ARE NOT APPLICABLE, TO A PROCEEDING CONDUCTED BY A TRIBUNAL   15,132       

OF THIS STATE EXERCISING JURISDICTION UNDER THIS SECTION.          15,133       

      Sec. 3115.51.  NO LATER THAN THIRTY DAYS AFTER ISSUANCE OF   15,136       

A MODIFIED CHILD SUPPORT ORDER, THE PARTY OBTAINING THE            15,137       

MODIFICATION SHALL FILE A CERTIFIED COPY OF THE ORDER WITH THE     15,138       

ISSUING TRIBUNAL THAT HAD CONTINUING, EXCLUSIVE JURISDICTION OVER  15,139       

THE EARLIER ORDER, AND IN EACH TRIBUNAL IN WHICH THE PARTY KNOWS   15,140       

THE EARLIER ORDER HAS BEEN REGISTERED.  A PARTY WHO OBTAINS THE    15,141       

ORDER AND FAILS TO FILE A CERTIFIED COPY IS SUBJECT TO             15,142       

APPROPRIATE SANCTIONS BY A TRIBUNAL IN WHICH THE ISSUE OF FAILURE  15,143       

TO FILE ARISES.  THE FAILURE TO FILE DOES NOT AFFECT THE VALIDITY  15,144       

OR ENFORCEABILITY OF THE MODIFIED ORDER OF THE NEW TRIBUNAL        15,145       

HAVING CONTINUING, EXCLUSIVE JURISDICTION.                         15,146       

                                                          368    

                                                                 
      Sec. 3115.52.  (A)  A TRIBUNAL OF THIS STATE MAY SERVE AS    15,148       

AN INITIATING OR RESPONDING TRIBUNAL IN A PROCEEDING BROUGHT       15,150       

UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE OR A LAW OR  15,152       

PROCEDURE SUBSTANTIALLY SIMILAR TO THOSE SECTIONS, THE UNIFORM     15,153       

RECIPROCAL ENFORCEMENT OF SUPPORT ACT, OR THE REVISED UNIFORM      15,154       

RECIPROCAL ENFORCEMENT OF SUPPORT ACT TO DETERMINE THE EXISTENCE   15,155       

OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP WITH RESPECT    15,156       

TO THE PARTIES.                                                                 

      (B)  IN A PROCEEDING PURSUANT TO DIVISION (A) OF THIS        15,158       

SECTION, A RESPONDING TRIBUNAL OF THIS STATE SHALL COMPLY WITH     15,160       

SECTIONS 3111.01 TO 3111.19 OF THE REVISED CODE AND THE RULES OF   15,161       

THIS STATE ON CHOICE OF LAW.                                       15,162       

      Sec. 3115.53.  (A)  FOR PURPOSES OF THIS ARTICLE,            15,164       

"GOVERNOR" INCLUDES AN INDIVIDUAL PERFORMING THE FUNCTIONS OF THE  15,166       

EXECUTIVE AUTHORITY OF A STATE.                                    15,167       

      (B)  THE GOVERNOR OF THIS STATE MAY DO EITHER OF THE         15,169       

FOLLOWING:                                                                      

      (1)  DEMAND THAT THE GOVERNOR OF ANOTHER STATE SURRENDER AN  15,171       

INDIVIDUAL FOUND IN THE OTHER STATE WHO IS CHARGED CRIMINALLY IN   15,172       

THIS STATE WITH HAVING FAILED TO PAY SUPPORT UNDER A SUPPORT       15,173       

ORDER;                                                                          

      (2)  ON THE DEMAND BY THE GOVERNOR OF ANOTHER STATE,         15,175       

SURRENDER AN INDIVIDUAL FOUND IN THIS STATE WHO IS CHARGED         15,176       

CRIMINALLY IN THE OTHER STATE WITH HAVING FAILED TO PAY SUPPORT    15,178       

UNDER A SUPPORT ORDER.                                                          

      (C)  NOTWITHSTANDING SECTION 2963.03 OF THE REVISED CODE,    15,180       

SECTIONS 2963.01 TO 2963.29 AND 107.04 OF THE REVISED CODE APPLY   15,181       

TO THE DEMAND EVEN IF THE INDIVIDUAL WHOSE SURRENDER IS DEMANDED   15,182       

WAS NOT IN THE DEMANDING STATE WHEN THE CRIME WAS ALLEGEDLY        15,183       

COMMITTED AND HAS NOT FLED THEREFROM.                              15,184       

      Sec. 3115.54.  (A)  BEFORE MAKING A DEMAND THAT THE          15,186       

GOVERNOR OF ANOTHER STATE SURRENDER AN INDIVIDUAL PURSUANT TO      15,189       

DIVISION (B)(1) OF SECTION 3115.53 OF THE REVISED CODE, THE        15,190       

GOVERNOR OF THIS STATE MAY REQUIRE A PROSECUTOR OF THIS STATE TO                

                                                          369    

                                                                 
DEMONSTRATE THAT AT LEAST SIXTY DAYS PREVIOUSLY THE OBLIGEE HAD    15,191       

INITIATED PROCEEDINGS FOR SUPPORT PURSUANT TO SECTIONS 3115.01 TO  15,192       

3115.59 OF THE REVISED CODE OR THAT SUCH PROCEEDINGS WOULD NOT BE  15,193       

EFFECTIVE IN ENFORCING THE SUPPORT ORDER.                          15,194       

      (B)  IF, UNDER A LAW ADOPTED BY ANOTHER STATE THAT IS        15,196       

SUBSTANTIALLY SIMILAR TO SECTIONS 3115.01 TO 3115.59 OF THE        15,198       

REVISED CODE, THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT,   15,199       

OR THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, THE  15,201       

GOVERNOR OF THE OTHER STATE MAKES A DEMAND PURSUANT TO DIVISION    15,202       

(B)(2) OF SECTION 3115.53 OF THE REVISED CODE, THE GOVERNOR OF     15,204       

THIS STATE MAY REQUIRE A PROSECUTOR OF THIS STATE TO INVESTIGATE                

THE DEMAND AND REPORT WHETHER A PROCEEDING FOR SUPPORT HAS BEEN    15,206       

INITIATED OR WOULD BE EFFECTIVE IN ENFORCING THE SUPPORT ORDER.    15,207       

IF IT APPEARS THAT A PROCEEDING WOULD BE EFFECTIVE BUT HAS NOT     15,209       

BEEN INITIATED, THE GOVERNOR OF THIS STATE MAY DELAY HONORING THE  15,210       

DEMAND FOR A REASONABLE TIME TO PERMIT THE INITIATION OF A         15,211       

PROCEEDING.                                                                     

      (C)  IF A PROCEEDING FOR SUPPORT HAS BEEN INITIATED AND THE  15,213       

INDIVIDUAL WHOSE SURRENDER IS DEMANDED PREVAILS, THE GOVERNOR OF   15,215       

THIS STATE MAY DECLINE TO HONOR THE DEMAND.  IF THE PETITIONER                  

PREVAILS AND THE INDIVIDUAL WHOSE SURRENDER IS DEMANDED IS         15,216       

SUBJECT TO A SUPPORT ORDER, THE GOVERNOR OF THIS STATE MAY         15,217       

DECLINE TO HONOR THE DEMAND IF THE INDIVIDUAL IS COMPLYING WITH    15,218       

THE SUPPORT ORDER.                                                              

      Sec. 3115.55.  (A)  ANY ACTION OR PROCEEDING BROUGHT         15,220       

PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE IS A   15,222       

CIVIL ACTION AND SHALL BE GOVERNED BY THE RULES OF CIVIL           15,224       

PROCEDURE UNLESS A DIFFERENT PROCEDURE IS SPECIFICALLY PROVIDED                 

BY THOSE SECTIONS.                                                 15,225       

      (B)  AN ACTION UNDER SECTION 3115.31 OF THE REVISED CODE TO  15,228       

ESTABLISH A SUPPORT ORDER, SECTION 3115.37 OF THE REVISED CODE TO  15,229       

CONTEST DIRECT WITHHOLDING OF SUPPORT, SECTIONS 3115.43 AND        15,230       

3115.44 OF THE REVISED CODE TO REGISTER A SUPPORT ORDER, SECTION   15,231       

3115.46 OF THE REVISED CODE TO REGISTER AN ORDER FOR               15,232       

                                                          370    

                                                                 
MODIFICATION, OR SECTION 3115.52 OF THE REVISED CODE TO DETERMINE  15,234       

PARENTAGE IS AN ORIGINAL ACTION AND SHALL BE GOVERNED BY THE       15,235       

RULES OF CIVIL PROCEDURE.  ON FILING THE COMPLAINT WITH THE        15,236       

RESPONDING TRIBUNAL, THE CLERK OF COURT SHALL COMPLY WITH THE      15,237       

SERVICE OF PROCESS REQUIREMENTS OF THE RULES OF CIVIL PROCEDURE.   15,238       

      (C)  IN ANY PROCEEDING IN WHICH THE PLAINTIFF SEEKS TO       15,241       

INVOKE THE CONTINUING JURISDICTION OF A RESPONDING TRIBUNAL OF     15,242       

THIS STATE IN ORDER TO MODIFY OR ENFORCE A SUPPORT ORDER, NOTICE   15,243       

OF THE COMPLAINT SHALL BE SERVED IN THE MANNER PROVIDED FOR        15,244       

SERVICE OF PROCESS UNDER THE RULES OF CIVIL PROCEDURE.             15,247       

      (D)  IF THE MANNER OF NOTICE IS NOT SPECIFIED IN THIS        15,250       

SECTION, OR OTHERWISE IN THIS CHAPTER OR THE RULES OF CIVIL        15,253       

PROCEDURE, NOTICE SHALL BE BY FIRST CLASS MAIL.                    15,254       

      Sec. 3115.56.  (A)  IF THIS STATE IS THE RESPONDING STATE,   15,258       

A COMPLAINT SEEKING ENFORCEMENT, COLLECTION, OR MODIFICATION OF    15,259       

AN EXISTING SUPPORT ORDER ORIGINALLY ISSUED IN THIS STATE SHALL    15,260       

BE FILED WITH THE TRIBUNAL OR CHILD SUPPORT ENFORCEMENT AGENCY     15,261       

THAT ISSUED THE ORIGINAL ORDER.                                                 

      (B)  AN ORIGINAL ACTION UNDER THIS CHAPTER SHALL BE FILED    15,264       

WITH THE APPROPRIATE TRIBUNAL OF THE COUNTY PURSUANT TO SECTIONS   15,265       

2151.23 AND 2301.03 OF THE REVISED CODE IN WHICH THE RESPONDENT    15,267       

RESIDES OR IS FOUND.                                               15,268       

      (C)  IF AN OBLIGOR CONTESTING THE DIRECT WITHHOLDING OF      15,270       

INCOME UNDER SECTION 3115.37 OF THE REVISED CODE IS NOT A          15,273       

RESIDENT OF THIS STATE, THE COMPLAINT SHALL BE FILED WITH THE      15,274       

APPROPRIATE TRIBUNAL LOCATED IN EITHER OF THE FOLLOWING:           15,275       

      (1)  THE COUNTY IN WHICH THE OBLIGOR'S EMPLOYER IS LOCATED,  15,278       

IF THE ORDER ATTACHES TO THE INCOME OF THE OBLIGOR PAID BY THE     15,279       

EMPLOYER;                                                                       

      (2)  THE COUNTY IN WHICH AN ACCOUNT IS LOCATED IN A          15,281       

FINANCIAL INSTITUTION, IF THE INCOME WITHHOLDING ORDER ATTACHES    15,282       

THE FUNDS IN THAT ACCOUNT.                                         15,283       

      IF VENUE CANNOT BE DETERMINED UNDER DIVISION (C)(1) OR (2)   15,286       

OF THIS SECTION, THE NONRESIDENT OBLIGOR SHALL FILE THE COMPLAINT  15,287       

                                                          371    

                                                                 
WITH A TRIBUNAL LOCATED IN A COUNTY OF THIS STATE THAT BORDERS     15,288       

THE OBLIGOR'S COUNTY OF RESIDENCE OR IN FRANKLIN COUNTY.           15,290       

      Sec. 3115.57.  AN ORDER ISSUED PRIOR TO THE EFFECTIVE DATE   15,293       

OF THIS SECTION PURSUANT TO FORMER CHAPTER 3115. OF THE REVISED    15,295       

CODE SHALL REMAIN IN FULL FORCE AND EFFECT AS ISSUED, BUT MAY BE   15,296       

MODIFIED OR TERMINATED PURSUANT TO CHAPTER 3115. OF THE REVISED    15,298       

CODE AS THAT CHAPTER EXISTS ON AND AFTER THE EFFECTIVE DATE OF     15,299       

THIS SECTION.  THE PROVISIONS OF SECTION 3115.41 OF THE REVISED    15,302       

CODE SHALL NOT REVIVE ANY ACTION THAT COULD NOT BE FILED PRIOR TO  15,303       

THE EFFECTIVE DATE OF THIS SECTION UNDER PROVISIONS OF FORMER      15,304       

SECTION 3115.06 OF THE REVISED CODE.                               15,305       

      Sec. 3115.58.  SECTIONS 3115.01 TO 3115.59 OF THE REVISED    15,307       

CODE SHALL BE APPLIED AND CONSTRUED TO EFFECTUATE ITS GENERAL      15,309       

PURPOSE TO MAKE UNIFORM THE LAW OF THOSE STATES THAT ENACT A       15,310       

UNIFORM INTERSTATE FAMILY SUPPORT ACT.                                          

      Sec. 3115.59.  IF ANY PROVISION OF SECTIONS 3115.01 TO       15,312       

3115.59 OF THE REVISED CODE OR ITS APPLICATION TO ANY PERSON OR    15,314       

CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT       15,315       

OTHER PROVISIONS OR APPLICATIONS OF THOSE SECTIONS WHICH CAN BE    15,316       

GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO  15,317       

THIS END THE PROVISIONS OF THOSE SECTIONS ARE SEVERABLE.                        

      Sec. 3317.02.  As used in sections 3317.02 to 3317.023 and   15,327       

section 3317.16 of the Revised Code:                                            

      (A)  Except as used in division (B) of section 3317.023 of   15,329       

the Revised Code, "ADM" means the average daily membership         15,330       

determined pursuant to section 3317.03 of the Revised Code,        15,331       

including the average daily membership certified under division    15,332       

(A)(4) of section 3317.03 of the Revised Code but not including    15,333       

the average daily membership of pupils attending a joint           15,334       

vocational school or counted in a unit funded under division (M)   15,335       

or (N) of section 3317.024 of the Revised Code; minus one-half of  15,336       

the kindergarten average daily membership in the case of any       15,338       

school district other than an urban or big eight district; minus   15,339       

one-fourth of the extended kindergarten average daily membership   15,340       

                                                          372    

                                                                 
and one-half of the traditional kindergarten average daily                      

membership in the case of any big eight district; minus            15,342       

one-fourth of the all-day and extended kindergarten average daily               

membership and one-half of the traditional kindergarten average    15,343       

daily membership in the case of any urban district; plus           15,345       

one-fourth of the average daily membership of pupils enrolled in   15,346       

the district and attending a joint vocational school, or a         15,347       

vocational school, or a compact or contract vocational school.     15,348       

Except for purposes of divisions (C), (D), and (E) of section      15,349       

3317.023 of the Revised Code, if the average of the average daily  15,350       

membership of a district for the current year and the two          15,351       

immediately preceding years is larger than the sum for the         15,352       

current year, such average shall be used as the ADM for that       15,353       

district for the current year after:  deducting the number of      15,354       

pupils attending a joint vocational school or counted in division  15,355       

(M) or (N) of section 3317.024 of the Revised Code; and, in the    15,356       

case of any school district other than an urban or big eight       15,357       

district, deducting one-half of the kindergarten average daily     15,358       

membership, and, in the case of any big eight district, deducting  15,360       

one-fourth of the extended kindergarten average daily membership   15,361       

and one-half of the traditional kindergarten average daily         15,362       

membership, and in the case of any urban district, deducting       15,363       

one-fourth of the all-day and extended kindergarten average daily  15,364       

membership and one-half of the traditional kindergarten average                 

daily membership; and adding one-fourth of the pupils residing in  15,366       

the district and attending a joint vocational school.              15,367       

      (B)  "Per pupil" means the amount to which the term refers   15,369       

divided by the district's ADM for the fiscal year for which the    15,370       

amount was computed.                                               15,371       

      (C)  "Taxes charged and payable" means the taxes charged     15,373       

and payable against real and public utility property after making  15,374       

the reduction required by section 319.301 of the Revised Code,     15,375       

plus the taxes levied against tangible personal property.          15,376       

      (D)  Except as provided in division (B)(2) of section        15,378       

                                                          373    

                                                                 
3317.022 of the Revised Code, "total taxable value" means the sum  15,379       

of the amounts certified for a city, local, exempted village, or   15,380       

joint vocational school district under divisions (A)(1) and (2)    15,381       

of section 3317.021 of the Revised Code.                           15,382       

      (E)(1)  "Cost-of-doing-business factor" means the amount     15,385       

indicated in this division for the county in which the district    15,386       

is located, adjusted in accordance with division (E)(2) of this    15,388       

section.  If the district is located in more than one county, the  15,389       

factor is the amount indicated for the county to which the                      

district is assigned by the state department of education.         15,390       

                                  COST-OF-DOING-BUSINESS           15,392       

      COUNTY                          FACTOR AMOUNT                15,393       

      Adams                              1.0100                    15,397       

      Allen                              1.0272                    15,398       

      Ashland                            1.0362                    15,399       

      Ashtabula                          1.0540                    15,400       

      Athens                             1.0040                    15,401       

      Auglaize                           1.0300                    15,402       

      Belmont                            1.0101                    15,403       

      Brown                              1.0218                    15,404       

      Butler                             1.0662                    15,405       

      Carroll                            1.0180                    15,406       

      Champaign                          1.0432                    15,407       

      Clark                              1.0489                    15,408       

      Clermont                           1.0498                    15,409       

      Clinton                            1.0287                    15,410       

      Columbiana                         1.0320                    15,411       

      Coshocton                          1.0224                    15,412       

      Crawford                           1.0174                    15,413       

      Cuyahoga                           1.0725                    15,414       

      Darke                              1.0360                    15,415       

      Defiance                           1.0214                    15,416       

      Delaware                           1.0512                    15,417       

      Erie                               1.0414                    15,418       

                                                          374    

                                                                 
      Fairfield                          1.0383                    15,419       

      Fayette                            1.0281                    15,420       

      Franklin                           1.0548                    15,421       

      Fulton                             1.0382                    15,422       

      Gallia                             1.0000                    15,423       

      Geauga                             1.0608                    15,424       

      Greene                             1.0418                    15,425       

      Guernsey                           1.0091                    15,426       

      Hamilton                           1.0750                    15,427       

      Hancock                            1.0270                    15,428       

      Hardin                             1.0384                    15,429       

      Harrison                           1.0111                    15,430       

      Henry                              1.0389                    15,431       

      Highland                           1.0177                    15,432       

      Hocking                            1.0164                    15,433       

      Holmes                             1.0275                    15,434       

      Huron                              1.0348                    15,435       

      Jackson                            1.0176                    15,436       

      Jefferson                          1.0090                    15,437       

      Knox                               1.0276                    15,438       

      Lake                               1.0627                    15,439       

      Lawrence                           1.0154                    15,440       

      Licking                            1.0418                    15,441       

      Logan                              1.0376                    15,442       

      Lorain                             1.0573                    15,443       

      Lucas                              1.0449                    15,444       

      Madison                            1.0475                    15,445       

      Mahoning                           1.0465                    15,446       

      Marion                             1.0289                    15,447       

      Medina                             1.0656                    15,448       

      Meigs                              1.0016                    15,449       

      Mercer                             1.0209                    15,450       

      Miami                              1.0456                    15,451       

      Monroe                             1.0152                    15,452       

                                                          375    

                                                                 
      Montgomery                         1.0484                    15,453       

      Morgan                             1.0168                    15,454       

      Morrow                             1.0293                    15,455       

      Muskingum                          1.0194                    15,456       

      Noble                              1.0150                    15,457       

      Ottawa                             1.0529                    15,458       

      Paulding                           1.0216                    15,459       

      Perry                              1.0185                    15,460       

      Pickaway                           1.0350                    15,461       

      Pike                               1.0146                    15,462       

      Portage                            1.0595                    15,463       

      Preble                             1.0523                    15,464       

      Putnam                             1.0308                    15,465       

      Richland                           1.0232                    15,466       

      Ross                               1.0111                    15,467       

      Sandusky                           1.0361                    15,468       

      Scioto                             1.0082                    15,469       

      Seneca                             1.0265                    15,470       

      Shelby                             1.0274                    15,471       

      Stark                              1.0330                    15,472       

      Summit                             1.0642                    15,473       

      Trumbull                           1.0465                    15,474       

      Tuscarawas                         1.0109                    15,475       

      Union                              1.0488                    15,476       

      Van Wert                           1.0181                    15,477       

      Vinton                             1.0065                    15,478       

      Warren                             1.0678                    15,479       

      Washington                         1.0124                    15,480       

      Wayne                              1.0446                    15,481       

      Williams                           1.0316                    15,482       

      Wood                               1.0431                    15,483       

      Wyandot                            1.0227                    15,484       

      (2)  As used in this division, "multiplier" means the        15,487       

number for the corresponding fiscal year as follows:               15,488       

                                                          376    

                                                                 
      FISCAL YEAR OF THE                                           15,490       

          COMPUTATION                  MULTIPLIER                  15,491       

             1998                       9.6/7.5                    15,493       

             1999                       10.3/7.5                   15,494       

             2000                       11.0/7.5                   15,495       

             2001                       11.7/7.5                   15,496       

             2002                       12.4/7.5                   15,497       

             2003                       13.1/7.5                   15,498       

             2004                       13.8/7.5                   15,499       

             2005                       14.5/7.5                   15,500       

             2006                       15.2/7.5                   15,501       

             2007                       15.9/7.5                   15,502       

             2008                       16.6/7.5                   15,503       

             2009                       17.3/7.5                   15,504       

      2010 and thereafter               18.0/7.5                   15,505       

      Beginning in fiscal year 1998, the department shall          15,508       

annually adjust the cost-of-doing-business factor for each county  15,509       

in accordance with the following formula:                          15,510       

       [(The cost-of-doing-business factor specified under         15,512       

     division (E)(1) of this section - 1) X (the multiplier        15,513       

         for the fiscal year of the calculation){ < + 1            15,514       

      The result of such formula shall be the adjusted             15,516       

cost-of-doing-business factor for that fiscal year.                15,517       

      (F)  "Tax exempt value" of a school district means the       15,519       

amount certified for a school district under division (A)(4) of    15,520       

section 3317.021 of the Revised Code.                              15,521       

      (G)  "Potential value" of a school district means the        15,523       

adjusted total taxable value of a school district plus the tax     15,524       

exempt value of the district.                                      15,525       

      (H)  "District median income" means the median Ohio          15,527       

adjusted gross income certified for a school district.  On or      15,528       

before the first day of July of each year, the tax commissioner    15,529       

shall certify to the department of education for each city,        15,530       

exempted village, and local school district the median Ohio        15,531       

                                                          377    

                                                                 
adjusted gross income of the residents of the school district      15,532       

determined on the basis of tax returns filed for the second        15,533       

preceding tax year by the residents of the district.                            

      (I)  "Statewide median income" means the median district     15,535       

median income of all city, exempted village, and local school      15,536       

districts in the state.                                                         

      (J)  "Income factor" for a city, exempted village, or local  15,538       

school district means the quotient obtained by dividing that       15,539       

district's median income by the statewide median income.           15,540       

      (K)  "Valuation per pupil" for a city, exempted village, or  15,542       

local school district means the district's recognized valuation    15,543       

divided by the district's ADM.                                     15,544       

      (L)  "Adjusted valuation per pupil" means the amount         15,546       

calculated in accordance with the following formula:               15,547       

            District valuation per pupil - [$60,000 X              15,549       

                 (1 - district income factor){ <                   15,550       

      If the result of such formula is negative, the adjusted      15,552       

valuation per pupil shall be zero.                                 15,553       

      (M)  "Adjusted total taxable value" means one of the         15,555       

following:                                                                      

      (1)  In any fiscal year that a district's income factor is   15,557       

less than or equal to one, the product obtained by multiplying     15,559       

the district's adjusted valuation per pupil by the district's ADM  15,560       

except that the adjusted total taxable value for such a district   15,561       

in fiscal years 1998 through 2009 shall be recalculated in         15,562       

accordance with the following formula:                             15,563       

           (Adjusted total taxable value X multiple) +             15,565       

            [recognized valuation X (1 - multiple){ <              15,566       

      (2)  In any fiscal year that a district's income factor is   15,568       

greater than one, the product obtained by multiplying the          15,569       

district's adjusted valuation per pupil by the district's ADM,     15,570       

except that the adjusted total taxable value for such a district   15,571       

in that fiscal year shall be recalculated in accordance with the   15,572       

following formula:                                                              

                                                          378    

                                                                 
              (Adjusted total taxable value X 2/15)                15,573       

                + (recognized valuation X 13/15)                   15,574       

      (N)  "Multiple" means the number for the corresponding       15,576       

fiscal year as follows:                                            15,577       

       FISCAL YEAR OF THE                                          15,579       

          COMPUTATION                        MULTIPLE              15,580       

              1998                             1/5                 15,582       

              1999                             4/15                15,583       

              2000                             1/3                 15,584       

              2001                             2/5                 15,585       

              2002                             7/15                15,586       

              2003                             8/15                15,587       

              2004                             3/5                 15,588       

              2005                             2/3                 15,589       

              2006                            11/15                15,590       

              2007                             4/5                 15,591       

              2008                            13/15                15,592       

              2009                            14/15                15,593       

      (O)  "Urban school district" means a school district that    15,596       

in fiscal year 1997 met either of the following conditions:        15,598       

      (1)  Had a percentage of children residing in the district   15,600       

and receiving aid to dependent children PARTICIPATING IN OHIO      15,602       

WORKS FIRST greater than fifteen and one-half per cent, as         15,603       

reported pursuant to section 3317.10 of the Revised Code, and had  15,604       

an average daily membership greater than five thousand five        15,605       

hundred, as reported pursuant to division (A) of section 3317.03   15,606       

of the Revised Code;                                                            

      (2)  Had a percentage of children residing in the district   15,609       

and receiving aid to dependent children PARTICIPATING IN OHIO      15,610       

WORKS FIRST greater than five per cent, as reported pursuant to    15,611       

section 3317.10 of the Revised Code, and had an average daily                   

membership greater than twelve thousand, as reported pursuant to   15,612       

division (A) of section 3317.03 of the Revised Code.               15,613       

      (P)  "Big eight school district" means a school district     15,615       

                                                          379    

                                                                 
that for fiscal year 1997 had a percentage of children residing    15,616       

in the district and receiving aid to dependent children            15,617       

PARTICIPATING IN OHIO WORKS FIRST greater than thirty per cent,    15,619       

as reported pursuant to section 3317.10 of the Revised Code, and                

had an average daily membership greater than twelve thousand, as   15,620       

reported pursuant to division (A) of section 3317.03 of the        15,621       

Revised Code.                                                                   

      (Q)  "All-day kindergarten" means a kindergarten class that  15,623       

is in session five days per week for not less than the same        15,624       

number of clock hours each day as for pupils in grades one         15,625       

through six.                                                                    

      (R)  "Extended kindergarten" means a kindergarten class      15,627       

that is in session five days per week for not less than one hour   15,628       

longer each day than the number of clock hours required for        15,629       

kindergarten by the minimum standards adopted under section        15,630       

3301.07 of the Revised Code.                                                    

      (S)  "Traditional kindergarten" means kindergarten that is   15,632       

neither all-day kindergarten nor extended kindergarten.            15,633       

      (T)  "Recognized valuation" means the amount calculated for  15,635       

a school district pursuant to section 3317.015 of the Revised      15,636       

Code.                                                                           

      Sec. 3705.07.  (A)  The local registrar of vital statistics  15,645       

shall number consecutively the birth, fetal death, and death       15,646       

certificates in three separate series, beginning with "number      15,647       

one" for the first birth, the first fetal death, and the first     15,648       

death registered in each calendar year.  Such local registrar      15,649       

shall sign his THE LOCAL REGISTRAR'S name in attest to the date    15,650       

of filing in the local office.  The local registrar shall make a   15,652       

complete and accurate copy of each birth, fetal death, and death   15,653       

certificate registered.  Each copy shall be filed and permanently  15,654       

preserved as the local record of such birth, fetal death, or       15,655       

death except as provided in sections 3705.09 and 3705.12 of the    15,656       

Revised Code. The local record may be a typewritten,               15,657       

photographic, electronic, or other reproduction.  On or before     15,658       

                                                          380    

                                                                 
the tenth day of each month, the local registrar shall transmit    15,659       

to the state office of vital statistics all original birth, fetal  15,660       

death, death, and military service certificates received, and all  15,661       

social security numbers obtained under section 3705.09 or,         15,662       

3705.10, OR 3705.16 of the Revised Code, during the preceding      15,664       

month.  The local registrar shall immediately notify the health    15,665       

commissioner with jurisdiction in the registration district of     15,666       

the receipt of a death certificate attesting that death resulted   15,667       

from a communicable disease.                                                    

      The office of vital statistics shall carefully examine the   15,669       

records and certificates received from local registrars of vital   15,670       

statistics and shall secure any further information that may be    15,671       

necessary to make each record and certificate complete and         15,672       

satisfactory.  It shall arrange and preserve the records and       15,673       

certificates, or reproductions of them produced pursuant to        15,674       

section 3705.03 of the Revised Code, in a systematic manner and    15,675       

shall maintain a permanent index of all births, fetal deaths, and  15,676       

deaths registered, which shall show the name of the child or       15,677       

deceased person, place and date of birth or death, number of the   15,678       

record or certificate, and the volume in which it is contained.    15,679       

      (B)(1)  The office of vital statistics shall make available  15,681       

to the bureau of child support in the department of human          15,682       

services all social security numbers that were furnished to a      15,683       

local registrar of vital statistics under division (I) of section  15,684       

3705.09 or under section 3705.10 OR 3705.16 of the Revised Code    15,686       

and that were transmitted to the office under division (A) of                   

this section.                                                      15,687       

      (2)  The office of vital statistics also shall make          15,689       

available to the bureau of child support in the department of      15,690       

human services any other information recorded in the birth record  15,691       

that may enable the bureau to use the social security numbers      15,692       

provided under division (B)(1) of this section to obtain the       15,693       

location of the father of the child whose birth certificate was    15,694       

accompanied by the social security number or to otherwise enforce  15,695       

                                                          381    

                                                                 
a child support order pertaining to that child or any other        15,696       

child.                                                             15,697       

      Sec. 3705.09.  (A)  A birth certificate for each live birth  15,706       

in this state shall be filed in the registration district in       15,707       

which it occurs within ten days after such birth and shall be      15,708       

registered if it has been completed and filed in accordance with   15,709       

this section.                                                      15,710       

      (B)  When a birth occurs in or en route to an institution,   15,712       

the person in charge of the institution or his A designated        15,713       

representative shall obtain the personal data, prepare the         15,714       

certificate, secure the signatures required, and file the          15,715       

certificate within ten days with the local registrar of vital      15,716       

statistics.  The physician in attendance shall provide the         15,717       

medical information required by the certificate and certify to     15,718       

the facts of birth within seventy-two hours after the birth.       15,719       

      (C)  When a birth occurs outside an institution, the birth   15,721       

certificate shall be prepared and filed by one of the following    15,722       

in the indicated order of priority:                                15,723       

      (1)  The physician in attendance at or immediately after     15,725       

the birth;                                                         15,726       

      (2)  Any other person in attendance at or immediately after  15,728       

the birth;                                                         15,729       

      (3)  The father;                                             15,731       

      (4)  The mother;                                             15,733       

      (5)  The person in charge of the premises where the birth    15,735       

occurred.                                                          15,736       

      (D)  Either of the parents of the child or other informant   15,738       

shall attest to the accuracy of the personal data entered on the   15,739       

birth certificate in time to permit the filing of the certificate  15,740       

within the ten days prescribed in this section.                    15,741       

      (E)  When a birth occurs in a moving conveyance within the   15,743       

United States and the child is first removed from the conveyance   15,744       

in this state, the birth shall be registered in this state and     15,745       

the place where it is first removed shall be considered the place  15,746       

                                                          382    

                                                                 
of birth.  When a birth occurs on a moving conveyance while in     15,747       

international waters or air space or in a foreign country or its   15,748       

air space and the child is first removed from the conveyance in    15,749       

this state, the birth shall be registered in this state but the    15,750       

record shall show the actual place of birth insofar as can be      15,751       

determined.                                                        15,752       

      (F)(1)  If the mother of a child was married at the time of  15,754       

either conception or birth or between conception and birth, the    15,755       

child shall be registered in the surname designated by the         15,756       

mother, and the name of the husband shall be entered on the        15,757       

certificate as the father of the child.  The presumption of        15,758       

paternity shall be in accordance with section 3111.03 of the       15,759       

Revised Code.                                                      15,760       

      (2)  If the mother was not married at the time of            15,762       

conception or birth or between conception and birth, the child     15,763       

shall be registered by the surname of DESIGNATED BY the mother.    15,764       

The name of the father of such child shall also be inserted on     15,765       

the birth certificate if both the mother and the father sign the   15,766       

birth certificate as informants AN ACKNOWLEDGEMENT OF PATERNITY    15,767       

AFFIDAVIT before the birth record is accepted for filing by HAS    15,768       

BEEN SENT TO the local registrar and in such a case the child may  15,770       

be registered by the surname of the father if the mother and       15,771       

father so designate.  If the father is not named on the birth      15,772       

certificate PURSUANT TO DIVISION (F)(1) OR (2) OF THIS SECTION,    15,773       

no other information about the father shall be entered on the      15,775       

record.                                                                         

      (G)  When a man is presumed or found to be the father of a   15,777       

child, according to sections 3111.01 to 3111.19, FORMER SECTION    15,778       

3111.21, OR SECTION 3111.22 of the Revised Code, or the father     15,779       

has acknowledged the child as his child in accordance with AN      15,781       

ACKNOWLEDGMENT OF PATERNITY, AND THE ACKNOWLEDGMENT HAS BECOME     15,782       

FINAL PURSUANT TO section 2105.18 2151.232, 3111.211, OR 5101.314  15,783       

of the Revised Code, and documentary evidence of such fact is      15,785       

submitted to the department of health in such form as the                       

                                                          383    

                                                                 
director may require, a new birth record shall be issued by the    15,787       

department which shall have the same overall appearance as the     15,788       

record which would have been issued under this section if a        15,789       

marriage had occurred before the birth of such child.  Where       15,790       

handwriting is required to effect such appearance, the department  15,791       

shall supply it.  Upon the issuance of such new birth record, the  15,792       

original birth record shall cease to be a public record.  Such     15,793       

EXCEPT AS PROVIDED IN DIVISION (C) OF SECTION 3705.091 OF THE      15,794       

REVISED CODE, THE original record and any documentary evidence     15,796       

supporting the new registration of birth shall be placed in an     15,797       

envelope which shall be sealed by the department and shall not be  15,798       

open to inspection or copy unless so ordered by a court of         15,799       

competent jurisdiction.                                                         

      The department shall then promptly forward a copy of the     15,801       

new birth record to the local registrar of vital statistics of     15,802       

the district in which the birth occurred, and such local           15,803       

registrar shall file a copy of such new birth record along with    15,804       

and in the same manner as the other copies of birth records in     15,805       

such local registrar's possession.  All copies of the original     15,806       

birth record in the possession of the local registrar or the       15,807       

probate court, as well as any and all index references to it,      15,808       

shall be destroyed.  Such new birth record, as well as any         15,809       

certified or exact copy of it, when properly authenticated by a    15,810       

duly authorized person shall be prima-facie evidence in all        15,811       

courts and places of the facts stated in it.                       15,812       

      (H)  When a woman who is a legal resident of this state has  15,814       

given birth to a child in a foreign country that does not have a   15,815       

system of registration of vital statistics, a birth record may be  15,816       

filed in the office of vital statistics on evidence satisfactory   15,817       

to the director of health.                                         15,818       

      (I)  Every birth certificate filed under this section on or  15,820       

after July 1, 1990, shall be accompanied by all social security    15,821       

numbers that have been issued to the parents of the child, unless  15,822       

the bureau of child support in the department of human services,   15,823       

                                                          384    

                                                                 
acting in accordance with regulations prescribed under the         15,824       

"Family Support Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 405, as  15,825       

amended, finds good cause for not requiring that the numbers be    15,826       

furnished with the certificate.  The parents' social security      15,827       

numbers shall not be recorded on the certificate.  The local       15,828       

registrar of vital statistics shall transmit the social security   15,829       

numbers to the state office of vital statistics in accordance      15,830       

with section 3705.07 of the Revised Code.  No social security      15,831       

number obtained under this division shall be used for any purpose  15,832       

other than child support enforcement.                              15,833       

      Sec. 3705.091.  (A)  IF THE NATURAL MOTHER AND ALLEGED       15,835       

FATHER OF A CHILD SIGN AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT    15,836       

PREPARED PURSUANT TO SECTION 5101.324 OF THE REVISED CODE WITH     15,838       

RESPECT TO THAT CHILD AT THE OFFICE OF THE LOCAL REGISTRAR, THE    15,839       

LOCAL REGISTRAR SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE THE      15,840       

ACKNOWLEDGMENT.  THE LOCAL REGISTRAR SHALL SEND A SIGNED AND       15,841       

NOTARIZED ACKNOWLEDGMENT OF PATERNITY TO THE DIVISION OF CHILD     15,842       

SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION    15,843       

5101.314 OF THE REVISED CODE.  THE LOCAL REGISTRAR SHALL SEND THE  15,846       

ACKNOWLEDGMENT NO LATER THAN TEN DAYS AFTER IT HAS BEEN SIGNED     15,847       

AND NOTARIZED. IF THE LOCAL REGISTRAR KNOWS A MAN IS PRESUMED      15,848       

UNDER SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE  15,849       

CHILD, THE LOCAL REGISTRAR SHALL NOT NOTARIZE OR SEND AN           15,850       

ACKNOWLEDGMENT WITH RESPECT TO THE CHILD PURSUANT TO THIS          15,851       

SECTION.                                                                        

      (B)  THE LOCAL REGISTRAR OF VITAL STATISTICS SHALL PROVIDE   15,853       

AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT DESCRIBED IN DIVISION     15,855       

(A) OF THIS SECTION TO ANY PERSON THAT REQUESTS IT.                             

      (C)  THE DEPARTMENT OF HEALTH SHALL STORE ALL                15,858       

ACKNOWLEDGMENTS OF PATERNITY AFFIDAVITS IT RECEIVES PURSUANT TO    15,859       

SECTION 5101.314 OF THE REVISED CODE.  THE DEPARTMENT OF HEALTH    15,860       

SHALL SEND TO THE DIVISION ANY ACKNOWLEDGMENT THE DEPARTMENT IS    15,861       

STORING THAT THE DIVISION REQUESTS.  THE DEPARTMENT OF HEALTH      15,862       

SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO  15,863       

                                                          385    

                                                                 
GOVERN THE METHOD OF STORAGE OF THE ACKNOWLEDGMENTS AND TO         15,864       

IMPLEMENT THIS SECTION.                                                         

      (D)  THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF HUMAN    15,867       

SERVICES SHALL ENTER INTO AN AGREEMENT REGARDING EXPENSES          15,868       

INCURRED BY THE DEPARTMENT OF HEALTH IN COMPARING ACKNOWLEDGMENT   15,869       

OF PATERNITY AFFIDAVITS TO BIRTH RECORDS AND STORAGE OF            15,870       

ACKNOWLEDGMENT OF PATERNITY AFFIDAVITS.                                         

      Sec. 3705.16.  Each death or fetal death that occurs in      15,879       

this state shall be registered with the local registrar of vital   15,880       

statistics of the district in which the death or fetal death       15,881       

occurred by the funeral director or other person in charge of the  15,882       

final disposition of the remains.  The personal and statistical    15,883       

information in the death or fetal death certificate shall be       15,884       

obtained from the best qualified persons or sources available by   15,885       

the funeral director or other person in charge of the final        15,886       

disposition of the remains.  The statement of facts relating to    15,887       

the disposition of the body and information relative to the armed  15,888       

services referred to in section 3705.19 of the Revised Code shall  15,889       

be signed by the funeral director or other person in charge of     15,890       

the final disposition of the remains.  The funeral director or     15,891       

other person in charge of the final disposition of the remains     15,892       

shall then present the death certificate to the physician or       15,893       

coroner for certification of the cause of death.  The medical      15,894       

certificate of death shall be completed and signed by the          15,895       

physician who attended the deceased or by the coroner within       15,896       

forty-eight hours after death.  The coroner may satisfy the        15,897       

requirement of signing a death certificate showing the cause of    15,898       

death as pending either by stamping it with a stamp of his THE     15,899       

CORONER'S signature or by signing it in his THE CORONER'S own      15,901       

hand, but he THE CORONER shall sign a death certificate or         15,903       

supplementary medical certification in his THE CORONER'S own       15,904       

hand.  ANY DEATH CERTIFICATE REGISTERED PURSUANT TO THIS SECTION   15,905       

SHALL CONTAIN THE SOCIAL SECURITY NUMBER OF THE DECEDENT, IF       15,906       

AVAILABLE.  A SOCIAL SECURITY NUMBER OBTAINED UNDER THIS SECTION   15,908       

                                                          386    

                                                                 
IS A PUBLIC RECORD UNDER SECTION 149.43 OF THE REVISED CODE.       15,910       

      Sec. 3727.17.  Each hospital shall provide a staff person    15,920       

to do all of the following:                                        15,921       

      (A)  Meet with each unmarried mother who gave birth in or    15,923       

en route to the hospital within twenty-four hours after the birth  15,924       

or before the mother is released from the hospital;                15,925       

      (B)  Attempt to meet with the father of the unmarried        15,927       

mother's child if possible;                                        15,928       

      (C)  Explain to the unmarried mother and the father, if the  15,930       

father is present, the benefit to the child of establishing a      15,931       

parent and child relationship between the father and the child     15,932       

and the various proper procedures for establishing a parent and    15,933       

child relationship;                                                15,934       

      (D)  Present to the unmarried mother and, if possible, the   15,936       

father, a THE pamphlet or statement regarding the rights and       15,937       

responsibilities of a natural parent prepared by the department    15,938       

of human services PURSUANT TO SECTION 5101.324 OF THE REVISED      15,939       

CODE;                                                                           

      (E)  Provide the unmarried mother, and if possible the       15,941       

father, all forms, AND statements, or agreements necessary to      15,943       

voluntarily establish a parent and child relationship, including   15,944       

the acknowledgment of paternity form prescribed PREPARED BY THE    15,945       

DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5101.324 OF THE   15,946       

REVISED CODE AND REQUIRED under section 2105.18 5101.314 of the    15,947       

Revised Code and the voluntary agreement to be bound by the        15,949       

results of genetic testing set forth in section 3111.21 of the                  

Revised Code;                                                      15,950       

      (F)  Upon both the mother's and father's request, help the   15,952       

mother and father complete any specific form, OR statement, or     15,954       

agreement necessary to establish a parent and child relationship;               

      (G)  Present to an unmarried mother who is not a recipient   15,956       

of medicaid or a participant in Ohio works first an application    15,957       

for Title IV-D services;                                           15,958       

      (H)  Upon both the mother's and father's request, mail MAIL  15,960       

                                                          387    

                                                                 
the voluntary acknowledgment of paternity, NO LATER THAN TEN DAYS  15,961       

AFTER IT IS COMPLETED, to the probate court in the county in       15,963       

which the father, the mother, or the child resides DIVISION OF     15,964       

CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES.                              

      EACH HOSPITAL SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE AN   15,966       

ACKNOWLEDGMENT OF PATERNITY SIGNED BY THE MOTHER AND FATHER.  IF   15,968       

A HOSPITAL KNOWS OR DETERMINES THAT A MAN IS PRESUMED UNDER        15,969       

SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE CHILD  15,970       

DESCRIBED IN THIS SECTION, THE HOSPITAL SHALL TAKE NO FURTHER      15,971       

ACTION WITH REGARD TO AN ACKNOWLEDGMENT AND SHALL NOT MAIL AN      15,972       

ACKNOWLEDGMENT WITH RESPECT TO THE CHILD PURSUANT TO THIS          15,973       

SECTION.                                                           15,974       

      A HOSPITAL MAY CONTRACT WITH A PERSON OR GOVERNMENT ENTITY   15,977       

TO FULFILL ITS RESPONSIBILITIES UNDER THIS SECTION AND SECTION     15,978       

2301.357 OF THE REVISED CODE.  SERVICES PROVIDED BY A HOSPITAL     15,980       

UNDER THIS SECTION OR PURSUANT TO A CONTRACT UNDER SECTION         15,981       

2301.357 OF THE REVISED CODE DO NOT CONSTITUTE THE PRACTICE OF     15,983       

LAW.  A HOSPITAL SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL         15,984       

LIABILITY FOR ANY DAMAGE OR INJURY ALLEGED TO RESULT FROM                       

SERVICES PROVIDED PURSUANT TO THIS SECTION OR SECTION 2301.357 OF  15,986       

THE REVISED CODE UNLESS THE HOSPITAL ACTED WITH MALICIOUS          15,988       

PURPOSE, IN BAD FAITH, OR IN A WANTON OR RECKLESS MANNER.          15,989       

      Sec. 3770.071.  (A)  If the amount of the prize money or     15,998       

the cost of goods or services awarded as a lottery prize award is  15,999       

six hundred dollars or more, the director of the state lottery     16,000       

commission, or the director's designee, shall require the person   16,001       

entitled to the prize award to affirm in writing, under oath,      16,002       

whether or not the person is in default under a support order.     16,003       

The director or the director's designee also may take any          16,004       

additional appropriate steps to determine if the person entitled   16,005       

to the prize award is in default under a support order.  If the    16,006       

person entitled to the prize award affirms that the person is in   16,007       

default under a support order, or if the director or the           16,008       

director's designee determines that the person is in default       16,009       

                                                          388    

                                                                 
under a support order, the director or the director's designee     16,010       

shall temporarily withhold payment of the prize award and inform   16,011       

the court that issued the support order that the person is         16,013       

entitled to a prize award, of the amount of the prize award, and,  16,014       

if the prize award is to be paid in annual installments, of the    16,015       

number of installments.                                            16,016       

      After receipt of the notice from the director or the         16,018       

director's designee, the court shall give the person notice of     16,020       

the director's notice, schedule a hearing to determine if the      16,021       

person is in default and the amount of the default, and give the   16,022       

person notice of the date, time, and location of the hearing.  If  16,023       

the court at the hearing determines that the person is in          16,024       

default, it shall issue an order to the director at lottery        16,025       

commission headquarters requiring the director or the director's   16,026       

designee to deduct from any unpaid prize award or any annual       16,027       

installment payment of the prize award, a specified amount for     16,028       

child support or spousal support in satisfaction of the support    16,029       

order under which the person is in default.  To the extent         16,030       

possible, the amount specified to be deducted under the order      16,031       

issued under this section shall satisfy the amount ordered for     16,032       

support or spousal support in the support order under which the    16,033       

person is in default.  Within thirty days after the date on which  16,034       

the court issues the order under this section to the director,     16,035       

the director shall pay the amount specified in that order to the   16,036       

DIVISION OF child support enforcement agency that is               16,037       

administering the support order, the person entitled to the        16,039       

support payments under the support order, or any other person or   16,040       

entity specified in the court order issued under this section IN   16,041       

THE DEPARTMENT OF HUMAN SERVICES.  If the prize award is to be     16,043       

paid in annual installments, the director or the director's                     

designee, on the date the installment payment is due, shall pay    16,045       

the amount specified in the court order issued under this section  16,046       

from that installment and, if necessary, any subsequent annual     16,047       

installments, at the time such installments become due and owing   16,048       

                                                          389    

                                                                 
to the prize winner, to the DIVISION OF child support enforcement  16,049       

agency that is administering the support order, the person         16,051       

entitled to the support payments under the support order, or any   16,052       

other person or entity specified in the court order issued under   16,053       

this section.                                                                   

      (B)  As used in this section, "support order" and "default"  16,055       

have the same meanings as in section 2301.34 of the Revised Code.  16,056       

      (C)  No person shall knowingly make a false affirmation or   16,058       

oath required by division (A) of this section.                     16,059       

      Sec. 3924.48.  (A)  If a parent of a child is required by a  16,068       

court or administrative order to provide health care coverage for  16,069       

the child, and if the parent is eligible for family health care    16,070       

coverage provided by a health insurer, the health insurer shall    16,071       

do both of the following:                                          16,072       

      (1)  If the child is otherwise eligible for the coverage,    16,074       

permit the parent to enroll the child under the family coverage    16,075       

without regard to any enrollment period restrictions;              16,076       

      (2)  If the parent is enrolled under the coverage but fails  16,078       

to make application to obtain coverage for the child, enroll the   16,079       

child under the family coverage upon application of the child's    16,080       

other parent or pursuant to an A CHILD SUPPORT order issued        16,082       

CONTAINING PROVISIONS in accordance COMPLIANCE with sections       16,083       

SECTION 3111.241 and OR 3113.217 of the Revised Code.              16,084       

      (B)  The health insurer shall not terminate the child's      16,086       

coverage unless the health insurer is provided satisfactory        16,087       

written evidence of either of the following:                       16,088       

      (1)  The court or administrative order is no longer in       16,090       

effect.                                                            16,091       

      (2)  The child is or will be enrolled under comparable       16,093       

health care coverage provided by another health insurer, which     16,094       

coverage will take effect not later than the effective date of     16,095       

the termination of the current coverage.                           16,096       

      (C)  AS USED IN THIS SECTION, "CHILD SUPPORT ORDER" HAS THE  16,099       

SAME MEANING AS IN SECTION 2301.373 OF THE REVISED CODE.           16,100       

                                                          390    

                                                                 
      Sec. 3924.49.  (A)  If a parent of a child is required by a  16,109       

court or administrative order to provide health care coverage for  16,110       

the child, which coverage is available through an employer doing   16,111       

business in this state, the employer shall do all of the           16,112       

following:                                                         16,113       

      (1)  If the child is otherwise eligible for the family       16,115       

coverage, permit the parent to enroll the child under the          16,116       

coverage without regard to any enrollment period restrictions;     16,117       

      (2)  If the parent is enrolled under the coverage but fails  16,119       

to make application to obtain coverage for the child, enroll the   16,120       

child under the family coverage upon application of the child's    16,121       

other parent or pursuant to an A CHILD SUPPORT order issued        16,123       

CONTAINING PROVISIONS in accordance COMPLIANCE with sections       16,124       

SECTION 3111.241 and OR 3113.217 of the Revised Code;              16,125       

      (3)  Withhold from the employee's compensation the           16,127       

employee's share of premiums for the health care coverage, if      16,128       

any, and pay that amount to the health insurer providing the       16,129       

coverage.                                                          16,130       

      (B)  The employer shall not terminate the child's coverage   16,132       

unless the employer has eliminated family coverage for all of its  16,133       

employees or unless the employer is provided satisfactory written  16,134       

evidence of either of the following:                               16,135       

      (1)  The court or administrative order is no longer in       16,137       

effect.                                                            16,138       

      (2)  The child is or will be enrolled under comparable       16,140       

health care coverage that will take effect not later than the      16,141       

effective date of the termination of the current coverage.         16,142       

      (C)  AS USED IN THIS SECTION, "CHILD SUPPORT ORDER" HAS THE  16,144       

SAME MEANING AS IN SECTION 2301.373 OF THE REVISED CODE.           16,145       

      Sec. 4141.16.  (A)  The administrator of the bureau of       16,154       

employment services shall make available, upon request, to the     16,155       

director of human services or to the county directors of human     16,156       

services in the state the name, address, ordinary occupation, and  16,157       

employment status of each recipient of unemployment benefits       16,158       

                                                          391    

                                                                 
under this chapter, and a statement of such recipient's rights to  16,159       

further benefits under this chapter.                               16,160       

      (B)  The administrator shall also furnish, upon request of   16,162       

a public agency administering or supervising the administration    16,163       

of a state plan approved under part A of Title IV of the "Social   16,164       

Security Act," 49 Stat. 627 (1935), 42 U.S.C.A. 601, or of a       16,165       

public agency charged with any duty or responsibility under any    16,166       

program or activity authorized or required under part D of Title   16,167       

IV of such act, information with respect to any individual         16,168       

specified in the request as to:                                    16,169       

      (1)  Whether the individual is receiving, has received, or   16,171       

has made application for unemployment compensation, and the        16,172       

amount of any compensation being received by the individual;       16,173       

      (2)  The current or most recent home address of the          16,175       

individual;                                                        16,176       

      (3)  Whether the individual has refused an offer of          16,178       

employment and, if so, a description of the employment so offered  16,179       

and the terms, conditions, and rate of pay therefor.               16,180       

      The public agency shall pay to the bureau of employment      16,182       

services the actual costs of furnishing the information described  16,183       

in this division, as provided in the "Unemployment Compensation    16,184       

Amendments of 1976," 90 Stat. 2667, 42 U.S.C. 603a.                16,185       

      (C)(1)  The administrator shall disclose, upon request, to   16,187       

officers, agents, or employees of any state or local child         16,188       

support enforcement agency, any wage information contained in the  16,189       

records of the bureau of employment services with respect to an    16,190       

individual identified in the request.                              16,191       

      (2)  The officer, agent, or employee of the state or local   16,193       

child support enforcement agency shall state in the request that   16,194       

the wage information shall be used only for the purpose PURPOSES   16,195       

of establishing PATERNITY; ESTABLISHING, MODIFYING, and            16,196       

collecting ENFORCING child support obligations from, and           16,197       

locating, individuals owing these obligations which are being      16,198       

enforced ADMINISTERED pursuant to a plan described in section 454  16,200       

                                                          392    

                                                                 
of the "Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A.    16,201       

654, which has been approved by the United States secretary of     16,202       

health and human services under part D of Title IV of the "Social  16,203       

Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651.              16,204       

      (3)  State and local child support enforcement agencies,     16,206       

pursuant to section 303(d) of the "Social Security Act," 94 Stat.  16,207       

441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security  16,208       

Disability Amendments of 1980," section 408(B) of P.L. 96-265,     16,209       

shall pay to the bureau the actual costs of furnishing the         16,210       

information described in this division.                            16,211       

      (4)  Requirements with respect to the confidentiality of     16,213       

information obtained in the administration of this chapter and     16,214       

any sanctions imposed on improper disclosure of information        16,215       

obtained therein shall apply to the redisclosure of information    16,216       

disclosed under this section.                                      16,217       

      (D)  The administrator also shall furnish, as required by    16,219       

section 303(h) of the "Social Security Act," to the United States  16,220       

secretary of health and human services, and on a reimbursable      16,221       

basis, prompt access to wage and claims information, including     16,222       

any information useful in locating an absent parent or such        16,223       

parent's employer for use by the "Parent Locator Service,"         16,224       

section 453, part D of Title IV of the "Social Security Act" and   16,225       

as required under section 303(h) of such act.                      16,226       

      (E)(1)  If the director of human services determines that    16,228       

direct, on-line access to the automated information system         16,229       

maintained by the bureau of employment services is an effective    16,230       

and efficient means of obtaining necessary information to aid in   16,231       

the enforcement or collection of child support obligations, the    16,232       

director shall make a written request to the administrator of the  16,233       

bureau of employment services to permit the following to have      16,234       

direct, on-line access to the information system:                  16,235       

      (a)  The department of human services;                       16,237       

      (b)  Officers, agents, or employees of a state or local      16,239       

child support enforcement agency of this state or of another       16,240       

                                                          393    

                                                                 
state as designated by the director;                               16,241       

      (c)  Officers, agents, or employees of any private agency    16,243       

designated by the director that is operating pursuant to a         16,244       

contract entered into with a state or local child support          16,245       

enforcement agency of this state for the exchange of information   16,246       

related to the enforcement and collection of child support         16,247       

obligations.                                                       16,248       

      (2)  The director of human services shall not designate      16,250       

pursuant to division (E)(1) of this section a state or local       16,251       

child support enforcement agency of this state or of another       16,252       

state or any private agency to have access to the automated        16,253       

information system maintained by the bureau unless the director    16,255       

also determines that on-line direct access to the bureau's         16,256       

automated information system by that agency is necessary for the   16,257       

implementation of a child support enforcement program operating    16,258       

pursuant to a plan described in section 454 of the "Social         16,259       

Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, that has     16,260       

been approved by the secretary of health and human services under  16,261       

part D of Title IV of the "Social Security Act," 88 Stat. 2351     16,262       

(1975), 42 U.S.C.A. 651.                                           16,263       

      (3)  Upon receipt of a request made under division (E)(1)    16,265       

of this section, the administrator of the bureau shall comply      16,266       

with the request and shall adopt rules pursuant to this section    16,267       

and section 111.15 of the Revised Code to regulate access to the   16,268       

bureau's automated information system.  The rules shall include a  16,269       

confidentiality requirement that conforms to division (E)(5) of    16,270       

this section.                                                      16,271       

      (4)(a)  State and local child support enforcement agencies,  16,273       

pursuant to section 303(d) of the "Social Security Act," 94 Stat.  16,274       

441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security  16,275       

Disability Amendments of 1980," section 408(B) of P.L. 96-265,     16,276       

shall pay to the bureau the actual costs to the bureau of          16,277       

accessing its automated information system.                        16,278       

      (b)  Any private agency designated by the director of human  16,280       

                                                          394    

                                                                 
services pursuant to division (E)(1) of this section that is       16,281       

operating pursuant to a contract entered into with a state or      16,282       

local child support enforcement agency of this state for the       16,283       

exchange of information related to the enforcement and collection  16,284       

of child support obligations shall pay or provide contractually    16,285       

for the payment of the actual costs to the bureau of accessing     16,286       

its automated information system.                                  16,287       

      (5)  The requirements with respect to the confidentiality    16,289       

of information obtained in the administration of this chapter and  16,290       

any sanctions imposed on improper disclosure of information        16,291       

obtained in the administration of this chapter shall apply to any  16,292       

information obtained pursuant to division (E) of this section      16,293       

through on-line access to the bureau's automated information       16,294       

system.                                                            16,295       

      (F)  The director of human services, his THE DIRECTOR'S      16,297       

employees, and other individuals to whom information is made       16,299       

available pursuant to this section are subject to section 4141.22  16,300       

of the Revised Code and the penalty for violation of that section  16,301       

as specified in section 4141.99 of the Revised Code.               16,302       

      (G)  As used in this section, "state or local child support  16,304       

enforcement agency" means either of the following:                 16,305       

      (1)  In this state, the department of human services, the    16,307       

division of child support created pursuant to section 5101.31 of   16,308       

the Revised Code, or a child support enforcement agency;           16,309       

      (2)  In a state other than this state, any agency of a       16,311       

state or of a political subdivision of a state operating pursuant  16,312       

to a plan described in section 454 of the "Social Security Act,"   16,313       

which has been approved by the secretary of health and human       16,314       

services under part D of Title IV of the "Social Security Act."    16,315       

      Sec. 4141.28.  (A)  Applications for determination of        16,324       

benefit rights and claims for benefits shall be filed with a       16,325       

deputy of the administrator of the bureau of employment services   16,326       

designated for the purpose.  Such applications and claims may      16,327       

also be filed with an employee of another state or federal agency  16,328       

                                                          395    

                                                                 
or with an employee of the unemployment insurance commission of    16,329       

Canada, charged with the duty of accepting applications and        16,330       

claims for unemployment benefits.                                  16,331       

      When a former employee of a state agency, board, or          16,333       

commission that has terminated its operations files an             16,334       

application under this division, the former employee shall give    16,335       

notice that the agency, board, or commission has terminated its    16,336       

operations.  All notices or information required to be sent under  16,337       

this chapter to or furnished by the applicant's employer shall be  16,338       

sent to or furnished by the director of administrative services.   16,339       

      (B)(1)  When an unemployed individual files an application   16,341       

for determination of benefit rights, the administrator shall       16,342       

furnish the individual with the information specified in division  16,344       

(A) of section 4141.321 of the Revised Code and with a pamphlet    16,345       

giving instructions for the steps an applicant may take if the     16,346       

applicant's claim for benefits is disallowed.  The pamphlet shall  16,348       

state the applicant's right of appeal, clearly describe the        16,349       

different levels of appeal, and explain where and when each        16,350       

appeal must be filed.  In filing an application, the individual    16,351       

shall, for the individual's most recent employment, furnish the    16,352       

administrator with either:                                                      

      (a)  The information furnished by the employer as provided   16,354       

for in division (B)(2) of this section;                            16,355       

      (b)  The name and address of the employer for whom the       16,357       

individual performed services and the individual's written         16,358       

statement of the reason for separation from the employer.          16,359       

      Where the claimant has furnished information in accordance   16,361       

with division (B)(1)(b) of this section, the administrator shall   16,362       

promptly send a notice in writing that such filing has been made   16,363       

to the individual's most recent employer, which notice shall       16,364       

request from the employer the reason for the individual's          16,365       

unemployment.  The notice shall inform such employer of the        16,366       

employer's right, upon request, to be present at a fact-finding    16,368       

interview conducted prior to the making of any determination       16,369       

                                                          396    

                                                                 
under that division.  Upon receipt of any request, the claimant    16,370       

and the employer making the request shall have at least three      16,371       

days' prior notice of the time and place of the fact-finding       16,372       

interview.  In the conduct of the interview, the administrator is  16,373       

not bound by rules of evidence or of procedure for the conduct of  16,374       

hearings.  The administrator may request from any base period      16,375       

employer information necessary for the determination of the        16,376       

applicant's rights to benefits.  Information as to the reason for  16,377       

unemployment preceding an additional claim shall be obtained in    16,378       

the same manner.  Requests for such information shall be stamped   16,379       

by the administrator with the date on which they are mailed.  If   16,380       

the employer fails to mail or deliver such information within ten  16,381       

working days from the date the administrator mailed and date       16,382       

stamped such request, and if necessary to assure prompt payment    16,383       

of benefits when due, the administrator shall make the             16,384       

determination, and shall base the determination on such            16,385       

information as is available to the administrator, which shall      16,387       

include the applicant's statement made under division (B)(1)(b)    16,388       

of this section.  The determination, as it relates to the          16,389       

claimant's determination of benefit rights, shall be amended upon  16,390       

receipt of correct remuneration information at any time within     16,391       

the benefit year and any benefits paid and charged to an                        

employer's account prior to the receipt of such information shall  16,392       

be adjusted, effective as of the beginning of the claimant's       16,393       

benefit year.                                                      16,394       

      (2)  An employer who separates within any seven-day period   16,396       

fifty or more individuals because of lack of work, and these       16,397       

individuals upon separation will be unemployed as defined in       16,398       

division (R) of section 4141.01 of the Revised Code, shall         16,399       

furnish notice to the administrator of the dates of separation     16,400       

and the approximate number of individuals being separated.  The    16,401       

notice shall be furnished at least three working days prior to     16,402       

the date of the first day of such separations.  In addition, at    16,403       

the time of separation the employer shall furnish to the           16,404       

                                                          397    

                                                                 
individual being separated or to the administrator separation      16,405       

information necessary to determine the individual's eligibility,   16,406       

on forms and in a manner approved by the administrator.            16,407       

      An employer who operates multiple business establishments    16,409       

at which both the effective authority for hiring and separation    16,410       

of employees and payroll information is located and who, because   16,411       

of lack of work, separates a total of fifty or more individuals    16,412       

at two or more business establishments is exempt from the first    16,413       

paragraph of division (B)(2) of this section.  This paragraph      16,414       

shall not be construed to relieve an employer who operates         16,415       

multiple business establishments from complying with division      16,416       

(B)(2) of this section where the employer separates fifty or more  16,417       

individuals at any business establishment within a seven-day       16,418       

period.                                                            16,419       

      An employer of individuals engaged in connection with the    16,421       

commercial canning or commercial freezing of fruits and            16,422       

vegetables is exempt from the provision of division (B)(2) of      16,423       

this section that requires an employer to furnish notice of        16,424       

separation at least three working days prior to the date of the    16,425       

first day of such separations.                                     16,426       

      (3)  Where an individual at the time of filing an            16,428       

application for determination of benefit rights furnishes          16,429       

separation information provided by the employer or where the       16,430       

employer has provided the administrator with the information in    16,431       

accordance with division (B)(2) of this section, the               16,432       

administrator shall make a determination of eligibility on the     16,433       

basis of the information furnished.  The administrator shall       16,434       

promptly notify all interested parties under division (D)(1) of    16,435       

this section of the determination.                                 16,436       

      (4)  Where an employer has furnished separation information  16,438       

under division (B)(2) of this section which is insufficient to     16,439       

enable the administrator to make a determination of a claim for    16,440       

benefits of an individual, or where the individual fails at the    16,441       

time of filing an application for determination of benefit rights  16,442       

                                                          398    

                                                                 
to produce the separation information furnished by an employer,    16,443       

the administrator shall follow the provisions specified in         16,444       

division (B)(1) of this section.                                   16,445       

      (C)  The administrator or the administrator's deputy shall   16,447       

promptly examine any application for determination of benefit      16,448       

rights filed, and on the basis of any facts found by the           16,449       

administrator or deputy shall determine whether or not the         16,450       

application is valid, and if valid, the date on which the benefit  16,451       

year shall commence and the weekly benefit amount.  The claimant,  16,453       

the most recent employer, and any other employer in the                         

claimant's base period shall promptly be notified of the           16,454       

determination and the reasons therefor.  In addition, the          16,455       

determination issued to the claimant shall include the total       16,456       

amount of benefits payable, and the determination issued to each   16,457       

chargeable base period employer shall include the total amount of  16,458       

benefits which may be charged to the employer's account.           16,459       

      (D)(1)  The administrator or the administrator's deputy      16,461       

shall examine the first claim for benefits filed in any benefit    16,462       

year, and any additional claim, and on the basis of any facts      16,463       

found by the administrator or deputy shall determine whether       16,464       

division (D) of section 4141.29 of the Revised Code is applicable  16,465       

to the claimant's most recent separation and, to the extent        16,466       

necessary, prior separations from work, and whether the            16,467       

separation reason is qualifying or disqualifying for the ensuing   16,468       

period of unemployment.  Notice of such determination shall be     16,469       

mailed to the claimant, the claimant's most recent employer, and   16,470       

any other employer involved in the determination.                  16,471       

      (a)  Whenever the administrator has reason to believe that   16,473       

the unemployment of twenty-five or more individuals relates to a   16,474       

labor dispute, the administrator shall, within five calendar days  16,475       

after their claims are filed, schedule a hearing concerning the    16,476       

reason for unemployment.  Notice of the hearing shall be sent to   16,477       

all interested parties, including the duly authorized              16,478       

representative of the parties, as provided in division (D)(1) of   16,479       

                                                          399    

                                                                 
this section.  The hearing date shall be scheduled so as to        16,480       

provide at least ten days' prior notice of the time and date of    16,481       

the hearing.  A similar hearing, in such cases, may be scheduled   16,482       

when there is a dispute as to the duration or ending date of the   16,483       

labor dispute.                                                     16,484       

      (b)  The administrator shall appoint a hearing officer to    16,486       

conduct the hearing of the case under division (D)(1)(a) of this   16,487       

section.  The hearing officer is not bound by common law or        16,488       

statutory rules of evidence or by technical or formal rules of     16,489       

procedure, but shall take any steps that are reasonable and        16,490       

necessary to obtain the facts and determine whether the claimants  16,491       

are entitled to benefits under the law.  The failure of any        16,492       

interested party to appear at the hearing shall not preclude a     16,493       

decision based upon all the facts available to the hearing         16,494       

officer.  The proceeding at the hearing shall be recorded by       16,495       

mechanical means or by other means prescribed by the               16,496       

administrator.  The record need not be transcribed unless an       16,497       

application for appeal is filed on the decision and the            16,498       

chairperson of the unemployment compensation review commission     16,500       

requests a transcript of the hearing within fourteen days after    16,501       

the application for appeal is received by the commission.  The     16,502       

administrator shall prescribe rules concerning the conduct of the  16,504       

hearings and all related matters and appoint an attorney to        16,505       

direct the operation of this function.                                          

      (c)  The administrator shall issue the hearing officer's     16,507       

decisions and reasons therefor on the case within ten calendar     16,508       

days after the hearing.  The hearing officer's decision issued by  16,509       

the administrator is final unless an application for appeal is     16,510       

filed with the review commission within twenty-one days after the  16,512       

decision was mailed to all interested parties.  The administrator  16,513       

may, within the twenty-one-day appeal period, remove and vacate    16,514       

the decision and issue a revised determination and appeal date.    16,515       

      (d)  Upon receipt of the application for appeal, the full    16,517       

review commission shall review the administrator's decision and    16,519       

                                                          400    

                                                                 
either schedule a further hearing on the case or disallow the      16,520       

application.  The review commission shall review the               16,521       

administrator's decision within fourteen days after receipt of     16,522       

the decision or the receipt of a transcript requested under        16,523       

division (D)(1)(b) of this section, whichever is later.            16,524       

      (i)  When a further hearing is granted, the commission       16,526       

shall make the administrator's decision and record of the case,    16,528       

as certified by the administrator, a part of the record and shall  16,529       

consider the administrator's decision and record in arriving at a  16,530       

decision on the case.  The commission's decision affirming,        16,532       

modifying, or reversing the administrator's decision, following    16,533       

the further appeal, shall be mailed to all interested parties      16,534       

within fourteen days after the hearing.                            16,535       

      (ii)  A decision of the disallowance of a further appeal     16,537       

shall be mailed to all interested parties within fourteen days     16,538       

after the commission makes the decision to disallow.  The          16,539       

disallowance is deemed an affirmation of the administrator's       16,541       

decision.                                                                       

      (iii)  The time limits specified in divisions (D)(1)(a),     16,543       

(b), (c), and (d) of this section may be extended by agreement of  16,544       

all interested parties or for cause beyond the control of the      16,545       

administrator or the commission.                                   16,546       

      (e)  An appeal of the commission's decision issued under     16,548       

division (D)(1)(d) of this section may be taken to the court of    16,549       

common pleas as provided in division (O) of this section.          16,550       

      (f)  A labor dispute decision involving fewer than           16,552       

twenty-five individuals shall be determined under division (D)(1)  16,553       

of this section and the review commission shall determine any      16,555       

appeal from the decision pursuant to division (M) of this section  16,556       

and within the time limits provided in division (D)(1)(d) of this  16,557       

section.                                                           16,558       

      (2)  The administrator or the administrator's deputy shall   16,560       

also examine each continued claim for benefits filed, and on the   16,562       

basis of any facts found by the administrator or the               16,563       

                                                          401    

                                                                 
administrator's deputy shall determine whether such claim shall    16,564       

be allowed.                                                        16,565       

      (a)  The determination of a first or additional claim,       16,567       

including the reasons therefor, shall be mailed to the claimant,   16,568       

the claimant's most recent employer, and any other employer        16,569       

involved in the determination.                                     16,570       

      (b)  When the determination of a continued claim results in  16,572       

a disallowed claim, the administrator shall notify the claimant    16,573       

of such disallowance and the reasons therefor.                     16,574       

      (3)  Where the claim for benefits is directly attributable   16,576       

to unemployment caused by a major disaster, as declared by the     16,577       

president of the United States pursuant to the "Disaster Relief    16,578       

Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual  16,579       

filing the claim would otherwise have been eligible for disaster   16,580       

unemployment assistance under that act, then upon application by   16,581       

the employer any benefits paid on the claim shall not be charged   16,582       

to the account of the employer who would have been charged on      16,583       

such claim but instead shall be charged to the mutualized account  16,584       

described in section 4141.25 of the Revised Code, provided that    16,585       

this division is not applicable to an employer electing            16,586       

reimbursing status under section 4141.241 of the Revised Code,     16,587       

except reimbursing employers for whom benefit charges are charged  16,588       

to the mutualized account pursuant to division (C) of section      16,589       

4141.33 of the Revised Code.                                       16,590       

      (4)(a)  An individual filing a new claim for unemployment    16,592       

compensation shall disclose, at the time of filing, whether or     16,593       

not the individual owes child support obligations.  In such a      16,594       

case, the administrator shall notify the state or local child      16,595       

support enforcement agency enforcing the obligation only if the    16,596       

claimant has been determined to be eligible for unemployment       16,597       

compensation.                                                      16,598       

      (b)  The administrator shall deduct and withhold from        16,600       

unemployment compensation payable to an individual who owes child  16,601       

support obligations:                                               16,602       

                                                          402    

                                                                 
      (i)  Any amount required to be deducted and withheld from    16,604       

the unemployment compensation pursuant to legal process, as that   16,605       

term is defined in section 462(e) 459(i)(5) of the "Social         16,606       

Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended BY THE     16,608       

"PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT   16,610       

OF 1996," 100 STAT. 2105, 42 U.S.C. 659, and properly served upon  16,612       

the administrator, as described in division (D)(4)(c) of this      16,613       

section; or                                                                     

      (ii)  Where division (D)(4)(b)(i) of this section is         16,615       

inapplicable, in the amount determined pursuant to an agreement    16,616       

submitted to the administrator under section 454(20)(B)(i) of the  16,617       

"Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended,   16,618       

by the state or local child support enforcement agency; or         16,619       

      (iii)  If neither division (D)(4)(b)(i) nor (ii) of this     16,621       

section is applicable, then in the amount specified by the         16,622       

individual.                                                        16,623       

      (c)  The state department of human BUREAU OF EMPLOYMENT      16,625       

services shall be designated to receive all legal process          16,626       

described in division (D)(4)(b)(i) of this section from each       16,627       

local child support enforcement agency, which legal process was    16,628       

received ISSUED by the agency under section 2301.371 of the        16,630       

Revised Code or otherwise was received ISSUED by the agency.  The  16,631       

processing of cases under part D of Title IV of the "Social        16,632       

Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended,  16,633       

shall be determined pursuant to agreement between the              16,634       

administrator and the state department of human services.  The     16,635       

department shall pay, pursuant to that agreement, all of the       16,636       

costs of the bureau of employment services that are associated     16,637       

with a deduction and withholding under division (D)(4)(b)(i) of    16,638       

this section.                                                                   

      (d)  The amount of unemployment compensation subject to      16,640       

being withheld pursuant to division (D)(4)(b) of this section is   16,641       

that amount which remains payable to the individual after          16,642       

application of any recoupment provisions for recovery of           16,643       

                                                          403    

                                                                 
overpayments and after deductions which have been made under this  16,644       

chapter for deductible income received by the individual.          16,645       

EFFECTIVE FOR APPLICATIONS TO ESTABLISH UNEMPLOYMENT COMPENSATION  16,647       

BENEFIT RIGHTS FILED AFTER DECEMBER 27, 1997, THE AMOUNT WITHHELD  16,648       

WITH RESPECT TO A WEEK OF UNEMPLOYMENT BENEFITS SHALL NOT EXCEED   16,649       

FIFTY PER CENT OF THE INDIVIDUAL'S WEEKLY BENEFIT AMOUNT AS                     

DETERMINED BY THE ADMINISTRATOR.                                   16,650       

      (e)  Any amount deducted and withheld under division         16,652       

(D)(4)(b) of this section shall be paid to the appropriate state   16,653       

or local child support enforcement agency in the following         16,654       

manner:                                                                         

      (i)  The administrator shall determine the amounts that are  16,656       

to be deducted and withheld on a per county basis.                 16,657       

      (ii)  For each county, the administrator shall forward to    16,659       

the local child support enforcement agency of the county, at       16,661       

intervals to be determined pursuant to the agreement referred to   16,662       

in division (D)(4)(c) of this section, the amount determined for                

that county under division (D)(4)(e)(i) of this section for        16,663       

disbursement to the obligees or assignees of such support          16,664       

obligations.                                                       16,665       

      (f)  Any amount deducted and withheld under division         16,667       

(D)(4)(b) of this section shall for all purposes be treated as if  16,668       

it were paid to the individual as unemployment compensation and    16,669       

paid by the individual to the state or local child support agency  16,671       

in satisfaction of the individual's child support obligations.     16,672       

      (g)  Division (D)(4) of this section applies only if         16,674       

appropriate arrangements have been made for reimbursement by the   16,675       

state or local child support enforcement agency for the            16,677       

administrative costs incurred by the administrator under this      16,678       

section which are associated with or attributable to child                      

support obligations being enforced by the state or local child     16,679       

support enforcement agency.                                        16,680       

      (h)  As used in division (D)(4) of this section:             16,682       

      (i)  "Child support obligations" means only obligations      16,684       

                                                          404    

                                                                 
which are being enforced pursuant to a plan described in section   16,685       

454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654,    16,686       

as amended, which has been approved by the United States           16,687       

secretary of health and human services under part D of Title IV    16,688       

of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as     16,689       

amended.                                                           16,690       

      (ii)  "State child support enforcement agency" means the     16,692       

department of human services, bureau of child support, designated  16,693       

as the single state agency for the administration of the program   16,694       

of child support enforcement pursuant to part D of Title IV of     16,695       

the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as        16,696       

amended.                                                           16,697       

      (iii)  "Local child support enforcement agency" means a      16,699       

child support enforcement agency or any other agency of a          16,700       

political subdivision of the state operating pursuant to a plan    16,701       

mentioned in division (D)(4)(h)(i) of this section.                16,702       

      (iv)  "Unemployment compensation" means any compensation     16,704       

payable under this chapter including amounts payable by the        16,705       

administrator pursuant to an agreement under any federal law       16,706       

providing for compensation, assistance, or allowances with         16,707       

respect to unemployment.                                           16,708       

      (E)(1)  Any base period or subsequent employer of a          16,710       

claimant who has knowledge of specific facts affecting such        16,711       

claimant's right to receive benefits for any week may notify the   16,712       

administrator in writing of such facts.  The administrator shall   16,713       

prescribe a form to be used for such eligibility notice, but       16,714       

failure to use the prescribed form shall not preclude the          16,715       

administrator's examination of any notice.                         16,716       

      (2)  An eligibility notice is timely filed if received by    16,718       

the administrator or the administrator's deputy or postmarked      16,720       

prior to or within forty-five calendar days after the end of the                

week with respect to which a claim for benefits is filed by the    16,721       

claimant.  An employer who does not timely file an eligibility     16,723       

notice shall not be an interested party with respect to the claim  16,724       

                                                          405    

                                                                 
for benefits which is the subject of the notice.                                

      (3)  The administrator or the administrator's deputy shall   16,726       

consider the information contained in the eligibility notice,      16,727       

together with other facts found by the administrator or the        16,728       

administrator's deputy and, after giving notice to the notifying   16,729       

employer, if the employer timely filed the eligibility notice,     16,730       

and to the claimant, and other interested parties and informing    16,732       

them of their right to be present at a predetermination            16,733       

fact-finding interview, shall determine, unless a prior            16,736       

determination on the same eligibility issue has become final,      16,737       

whether such claim shall be allowed, and shall mail notice of      16,738       

such determination to the notifying employer who timely filed the  16,740       

eligibility notice, to the claimant, and to other interested       16,741       

parties.  If the determination disallows benefits for any week in  16,742       

question, the payment of benefits with respect to that week shall  16,744       

be withheld pending further appeal, or an overpayment order shall  16,745       

be issued by the administrator as prescribed in section 4141.35    16,746       

of the Revised Code, if applicable.                                16,747       

      (F)  In making determinations on applications for            16,749       

determination of benefit rights and claims for benefits, the       16,750       

administrator and the administrator's deputy shall follow          16,751       

decisions of the unemployment compensation review commission       16,753       

which have become final with respect to claimants similarly        16,755       

situated.                                                                       

      (G)(1)  Any interested party notified of a determination of  16,757       

an application for determination of benefit rights or a claim for  16,758       

benefits may, within twenty-one calendar days after the notice     16,759       

was mailed to the party's last known post-office address, apply    16,760       

in writing for a reconsideration of the administrator's or         16,761       

deputy's determination.                                            16,762       

      (2)  Unless an application for reconsideration is filed      16,764       

within the twenty-one-day period, or within an extended period     16,765       

pursuant to division (R) of this section, such determination of    16,766       

the administrator or deputy is final, except that upon discovery,  16,767       

                                                          406    

                                                                 
within the benefit year, of an error in an employer's report       16,768       

other than a report to correct remuneration information as         16,769       

provided in division (B) of this section or any typographical or   16,770       

clerical error in the administrator's determination or a decision  16,771       

on reconsideration, the administrator or the administrator's       16,772       

deputy shall issue a corrected determination or decision to all    16,774       

interested parties, which determination or decision shall take     16,775       

precedence over and void the prior determination or decision of    16,776       

the administrator or the administrator's deputy, provided no       16,777       

appeal has been filed with the commission.  If a request for       16,778       

reconsideration is filed within the twenty-one-day period, the     16,780       

administrator shall promptly consider such request and, after      16,781       

giving notice to the interested parties and informing them of      16,782       

their right to be present at a predetermination fact-finding       16,783       

interview, conducted as described in division (B) of this          16,784       

section, shall issue the decision to the interested parties;       16,785       

except that, if in the administrator's judgment the issues are     16,786       

such as to require a hearing, the administrator may refer any      16,787       

request for reconsideration to the commission as an appeal.        16,788       

      (3)  If benefits are allowed by the administrator in the     16,790       

initial determination or the decision on reconsideration, or in a  16,791       

decision by a referee, the review commission, or a court, the      16,793       

benefits shall be paid promptly, notwithstanding any further       16,794       

appeal, provided that if benefits are denied upon reconsideration  16,795       

or appeal, of which the parties have notice and an opportunity to  16,796       

be heard, the payment of benefits shall be withheld pending a      16,797       

decision on any further appeal.                                    16,798       

      (4)  Any benefits paid to a claimant under this section      16,800       

prior to a final determination of the claimant's right to the      16,801       

benefits shall be charged to the employer's account as provided    16,803       

in division (D) of section 4141.24 of the Revised Code, provided   16,804       

that if there is no final determination of the claim by the        16,805       

subsequent thirtieth day of June, the employer's account will be   16,806       

credited with the total amount of benefits which has been paid     16,807       

                                                          407    

                                                                 
prior to that date, based on the determination which has not       16,808       

become final.  The total amount credited to the employer's         16,809       

account shall be charged to a suspense account which shall be      16,810       

maintained as a separate bookkeeping account and administered as   16,811       

a part of section 4141.24 of the Revised Code, and shall not be    16,812       

used in determining the account balance of the employer for the    16,813       

purpose of computing the employer's contribution rate under        16,814       

section 4141.25 of the Revised Code.  If it is finally determined  16,815       

that the claimant is entitled to all or a part of the benefits in  16,816       

dispute, the suspense account shall be credited and the            16,817       

appropriate employer's account charged with the benefits.  If it   16,818       

is finally determined that the claimant is not entitled to all or  16,819       

any portion of the benefits in dispute, the benefits shall be      16,820       

credited to the suspense account and a corresponding charge made   16,821       

to the mutualized account established in division (D) of section   16,822       

4141.25 of the Revised Code, provided that, except as otherwise    16,823       

provided in this division, if benefits are chargeable to an        16,824       

employer or group of employers who is required or elects to make   16,825       

payments to the fund in lieu of contributions under section        16,826       

4141.241 of the Revised Code, the benefits shall be charged to     16,827       

the employer's account in the manner provided in division (D) of   16,828       

section 4141.24 and division (B) of section 4141.241 of the        16,829       

Revised Code, and no part of the benefits may be charged to the    16,830       

suspense account provided in this division.  To the extent that    16,831       

benefits which have been paid to a claimant and charged to the     16,832       

employer's account are found not to be due the claimant and are    16,833       

recovered by the administrator as provided in section 4141.35 of   16,834       

the Revised Code, they shall be credited to the employer's         16,835       

account.                                                                        

      (H)  Any interested party may appeal the administrator's     16,837       

decision on reconsideration to the commission and unless an        16,839       

appeal is filed from such decision on reconsideration with the     16,840       

commission within twenty-one calendar days after such decision     16,842       

was mailed to the last known post-office address of the            16,843       

                                                          408    

                                                                 
appellant, or within an extended period pursuant to division (R)   16,844       

of this section, such decision on reconsideration is final and     16,845       

benefits shall be paid or denied in accordance therewith.          16,846       

      (I)  Requests for reconsideration, appeals, or applications  16,848       

for further appeals may be filed with the commission, with the     16,850       

administrator or one of the administrator's deputies, with an      16,851       

employee of another state or federal agency, or with an employee   16,853       

of the unemployment insurance commission of Canada charged with    16,854       

the duty of accepting claims.                                      16,855       

      (1)  Any timely written notice stating that the interested   16,857       

party desires a review of the previous determination or decision   16,858       

and the reasons therefor, shall be accepted.                       16,859       

      (2)  The administrator, commission, or authorized agent      16,861       

must receive the request, appeal, or application within the        16,863       

specified appeal period in order for the request, appeal, or       16,864       

application to be deemed timely filed, except that:                16,865       

      (a)  If the United States postal service is used as the      16,867       

means of delivery, the enclosing envelope must have a postmark     16,868       

date, as governed by United States postal regulations, that is on  16,869       

or before the last day of the specified appeal period; and         16,870       

      (b)  Where the postmark date is illegible or missing, the    16,872       

request, appeal, or application is timely filed if received no     16,873       

later than the end of the third calendar day following the last    16,874       

day of the specified appeal period.                                16,875       

      (J)  When an appeal from a decision on reconsideration of    16,877       

the administrator or deputy is taken, all interested parties       16,878       

shall be notified and the commission or a referee shall, after     16,880       

affording such parties reasonable opportunity for a fair hearing,  16,881       

affirm, modify, or reverse the findings of fact and the decision   16,882       

of the administrator or deputy in the manner which appears just    16,883       

and proper.  In the conduct of such hearing or any other hearing   16,884       

on appeal to the commission which is provided in this section,     16,886       

the commission and the referees are not bound by common law or     16,887       

statutory rules of evidence or by technical or formal rules of     16,888       

                                                          409    

                                                                 
procedure.  The commission and the referees shall take any steps   16,889       

in the hearings, consistent with the impartial discharge of their  16,891       

duties, which appear reasonable and necessary to ascertain the     16,892       

facts and determine whether the claimant is entitled to benefits   16,893       

under the law.  For the purpose of any hearing on appeal which is  16,894       

provided in this section, the file of the administrator            16,895       

pertaining to the case shall be certified by the administrator     16,896       

and shall automatically become a part of the record in the appeal  16,897       

hearing. All information in the file which pertains to the claim,  16,898       

including statements made to the administrator or the              16,899       

administrator's deputy by the individual claiming benefits or      16,901       

other interested parties, shall be considered by the commission    16,902       

and the referees in arriving at a decision, together with any      16,904       

other information which is produced at the hearing.  The           16,905       

commission and referees may conduct any such hearing in person or  16,907       

by telephone.  The commission shall adopt rules which designate    16,909       

the circumstances under which the commission or referees may       16,911       

conduct a hearing by telephone, grant a party to the hearing the   16,912       

opportunity to object to a hearing by telephone, and govern the    16,913       

conduct of hearings by telephone.  An interested party whose       16,914       

hearing would be by telephone pursuant to the commission rules     16,915       

may elect to have an in-person hearing, provided that the party    16,916       

electing the in-person hearing agrees to have the hearing at the   16,917       

time and place the commission determines pursuant to rule.         16,918       

      (1)  The failure of the claimant or other interested party   16,920       

to appear at a hearing, unless the claimant or interested party    16,921       

is the appealing party, shall not preclude a decision in the       16,923       

claimant's or interested party's favor, if on the basis of all     16,924       

the information in the record, including that contained in the     16,925       

file of the administrator, the claimant or interested party is     16,926       

entitled to the decision.                                          16,927       

      (2)  If the party appealing fails to appear at the hearing,  16,929       

the referee or the commission shall dismiss the appeal, provided   16,931       

that the referee or commission shall vacate the dismissal upon a   16,933       

                                                          410    

                                                                 
showing that due notice of the hearing was not mailed to such      16,934       

party's last known address or good cause for the failure to        16,935       

appear is shown to the referee or the commission within fourteen   16,936       

days after the hearing date.  No further appeal from the decision  16,938       

may thereafter be instituted by such party.  If the other party    16,939       

fails to appear at the hearing, the referee or the commission      16,940       

shall proceed with the hearing and shall issue a decision without  16,942       

further hearing, provided that the referee or commission shall     16,943       

vacate the decision upon a showing that due notice of the hearing  16,945       

was not mailed to such party's last known address or good cause    16,946       

for such party's failure to appear is shown to the referee or the  16,947       

commission within fourteen days after the hearing date.            16,949       

      (3)  Where a party requests that a hearing be scheduled in   16,951       

the evening because the party is employed during the day, the      16,952       

commission or referee shall schedule the hearing during such       16,954       

hours as the party is not employed.                                16,955       

      (K)  The proceedings at the hearing before the referee, or   16,957       

the commission, shall be recorded by mechanical means or           16,958       

otherwise as may be prescribed by the commission.  Unless the      16,960       

claim is further appealed, such record of proceedings need not be  16,962       

transcribed.                                                                    

      (L)  All interested parties shall be notified of the         16,964       

referee's decision, which shall include the reasons therefor.      16,965       

The referee's decision shall become final unless, within           16,966       

twenty-one days after the decision was mailed to the last known    16,967       

post-office address of such parties, or within an extended period  16,968       

pursuant to division (R) of this section, the commission on its    16,970       

own motion removes or transfers such claim to itself or an         16,971       

application to institute a further appeal before the commission    16,973       

is filed by any interested party and such appeal is allowed by     16,974       

the commission.                                                    16,975       

      (M)  When any claim is removed or transferred to the         16,977       

commission on its own motion, or when an application to institute  16,979       

a further appeal is allowed by the commission, the commission      16,981       

                                                          411    

                                                                 
shall review the decision of the referee and shall either affirm,  16,982       

modify, or reverse such decision.  Before rendering its decision,  16,983       

the commission may remand the case to the referee for further      16,985       

proceedings.  When the commission disallows an application to      16,986       

institute a further appeal, or renders its decision affirming,     16,988       

modifying, or reversing the decision of the referee, all           16,989       

interested parties shall be notified of such decision or order by  16,990       

mail addressed to the last known post-office address of such       16,991       

parties.  A disallowance by the commission of an application for   16,993       

further appeal shall be deemed an affirmation by the commission    16,994       

of the referee's decision under appeal.                            16,995       

      (N)  Whenever the administrator and the chairperson of the   16,997       

review commission determine in writing and certify jointly that a  16,999       

controversy exists with respect to the proper application of this  17,000       

chapter to more than five hundred claimants similarly situated     17,001       

whose claims are pending before the administrator or the review    17,003       

commission or both on reconsideration or appeal applied for or                  

filed by three or more employers or by such claimants, the         17,005       

chairperson of the review commission shall select one such claim   17,007       

which is representative of all such claims and assign it for a     17,009       

fair hearing and decision.  Any other claimant or employer in the  17,010       

group who makes a timely request to participate in the hearing     17,011       

and decision shall be given a reasonable opportunity to            17,012       

participate as a party to the proceeding.                          17,013       

      Such joint certification by the administrator and the        17,015       

chairperson of the commission shall constitute a stay of further   17,017       

proceedings in the claims of all claimants similarly situated      17,018       

until the issue or issues in controversy are adjudicated by the    17,019       

supreme court of Ohio.  At the time the decision of the            17,020       

commission is issued, the chairperson shall certify the            17,022       

commission's decision directly to the supreme court of Ohio and    17,025       

the chairperson shall file with the clerk of the supreme court a   17,027       

certified copy of the transcript of the proceedings before the     17,028       

commission pertaining to such decision.  Hearings on such issues   17,030       

                                                          412    

                                                                 
shall take precedence over all other civil cases.  If upon         17,031       

hearing and consideration of such record the court decides that    17,032       

the decision of the commission is unlawful, the court shall        17,034       

reverse and vacate the decision or modify it and enter final       17,035       

judgment in accordance with such modification; otherwise such      17,036       

court shall affirm such decision.  The notice of the decision of   17,037       

the commission to the interested parties shall contain a           17,039       

certification by the chairperson of the commission that the        17,040       

decision is of great public interest and that a certified          17,042       

transcript of the record of the proceedings before the commission  17,043       

has been filed with the clerk of the supreme court as an appeal    17,045       

to the court.  Promptly upon the final judgment of the court, the  17,046       

administrator and the commission shall decide those claims         17,047       

pending before them where the facts are similar and shall notify   17,049       

all interested parties of such decision and the reason therefor    17,050       

in the manner provided for in this section.  Nothing in this       17,051       

division shall be construed so as to deny the right of any such    17,052       

claimant, whose claim is pending before the administrator on       17,053       

reconsideration or before the commission, to apply for and be      17,055       

granted an opportunity for a fair hearing to show that the facts   17,056       

in the claimant's case are different from the facts in the claim   17,057       

selected as the representative claim as provided in this           17,058       

division, nor shall any such claimant be denied the right to                    

appeal the decision of the administrator or the commission which   17,059       

is made as a result of the decision of the court in the            17,061       

representative case.                                                            

      (O)(1)  Any interested party as defined in division (I) of   17,063       

section 4141.01 of the Revised Code, within thirty days after      17,064       

notice of the decision of the commission was mailed to the last    17,066       

known post-office address of all interested parties, may appeal    17,067       

from the decision of the commission to the court of common pleas   17,069       

of the county where the appellant, if an employee, is resident or  17,070       

was last employed or of the county where the appellant, if an      17,071       

employer, is resident or has the principal place of business in    17,072       

                                                          413    

                                                                 
this state.  The commission shall provide on its decision the      17,074       

names and addresses of all interested parties.  Such appeal shall  17,075       

be taken within such thirty days by the appellant by filing a      17,076       

notice of appeal with the clerk of the court of common pleas.      17,077       

Such filing shall be the only act required to perfect the appeal   17,078       

and vest jurisdiction in the court.  Failure of an appellant to    17,079       

take any step other than timely filing of a notice of appeal does  17,080       

not affect the validity of the appeal, but is grounds only for     17,081       

such action as the court deems appropriate, which may include      17,082       

dismissal of the appeal.  Such notice of appeal shall set forth    17,083       

the decision appealed from.  The appellant shall mail a copy of    17,084       

the notice of appeal to the commission and to all interested       17,086       

parties by certified mail to their last known post-office address  17,087       

and proof of the mailing of the notice shall be filed with the     17,088       

clerk within thirty days of filing the notice of appeal.  All      17,089       

interested parties shall be made appellees.  The commission upon   17,091       

receipt of the notice of appeal shall within thirty days file      17,092       

with the clerk a certified transcript of the record of the         17,093       

proceedings before the commission pertaining to the decision       17,095       

complained of, and mail a copy of the transcript to the            17,096       

appellant's attorney or to the appellant, if not represented by    17,097       

counsel.  The appellant shall file a statement of the assignments  17,098       

of error presented for review within sixty days of the filing of   17,099       

the notice of appeal with the court.  The appeal shall be heard    17,100       

upon such record certified by the commission.  After an appeal     17,102       

has been filed in the court, the commission may, by petition, be   17,104       

made a party to such appeal.  If the court finds that the          17,105       

decision was unlawful, unreasonable, or against the manifest       17,106       

weight of the evidence, it shall reverse and vacate such decision  17,107       

or it may modify such decision and enter final judgment in         17,108       

accordance with such modification; otherwise such court shall      17,109       

affirm such decision.  Any interested party shall have the right   17,110       

to appeal from the decision of the court as in civil cases.        17,111       

      (2)  If an appeal is filed after the thirty-day appeal       17,113       

                                                          414    

                                                                 
period established in division (O)(1) of this section, the court   17,114       

of common pleas shall conduct a hearing to determine whether the   17,115       

appeal was timely filed pursuant to division (R) of this section.  17,116       

At the hearing, additional evidence may be introduced and oral     17,117       

arguments may be presented regarding the timeliness of the filing  17,118       

of the appeal.  If the court of common pleas determines that the   17,119       

time for filing the appeal is extended as provided in division     17,120       

(R) of this section and that the appeal was filed within the       17,121       

extended time provided in that division, the court shall           17,122       

thereafter make its decision on the merits of the appeal.  If the  17,123       

court of common pleas determines that the time for filing the      17,124       

appeal may not be extended as provided in division (R) of this     17,125       

section, the court shall dismiss the appeal accordingly.  The      17,126       

determination on timeliness by the court of common pleas may be    17,127       

appealed to the court of appeals as in civil cases, and such       17,128       

appeal shall be consolidated with any appeal from the decision by  17,129       

the court of common pleas on the merits of the appeal.             17,130       

      (P)  Any application for reconsideration, any appeal from a  17,132       

decision on reconsideration of the determination of the            17,133       

administrator, application to institute a further appeal, and any  17,134       

notice of intention to appeal the decision or order of the         17,135       

commission to a court of common pleas may be executed in behalf    17,137       

of any party or any group of claimants by an agent.                17,138       

      (Q)(1)  The administrator, the administrator's deputy, the   17,140       

referee, the review commission, or the court that has the          17,141       

authority or jurisdiction pursuant to this section to hear an      17,143       

application for reconsideration or an appeal that is timely filed  17,144       

shall render a decision on the application for reconsideration or  17,145       

the appeal and upon any further application for reconsideration    17,146       

or appeal that is timely filed, whether or not the claimant meets  17,147       

the able to work, available for suitable work, or the actively     17,148       

seeking work requirements of division (A)(4)(a) of section         17,149       

4141.29 of the Revised Code, if all of the following apply:        17,150       

      (a)  The claimant's claim for benefits is allowed or denied  17,152       

                                                          415    

                                                                 
upon initial determination by the administrator or the             17,153       

administrator's deputy or upon reconsideration, review, or appeal  17,155       

by a decision of the administrator, the administrator's deputy, a  17,156       

referee, the review commission, or a court.                        17,157       

      (b)  After the claim is allowed or disallowed, the claimant  17,159       

is subjected to criminally injurious conduct, as defined in        17,160       

section 2743.51 of the Revised Code.                               17,161       

      (c)  Pursuant to this section, any interested party timely   17,163       

applies for reconsideration, or timely files an appeal, of the     17,164       

determination or decision.                                         17,165       

      (d)  The claimant files an application for an award of       17,167       

reparations pursuant to sections 2743.51 to 2743.72 of the         17,168       

Revised Code, for the loss of unemployment benefits.               17,169       

      (2)  Any decision that is rendered pursuant to division      17,171       

(Q)(1) of this section when a claimant fails to meet the able to   17,172       

work, available for suitable work, or the actively seeking work    17,173       

requirements of division (A)(4)(a) of section 4141.29 of the       17,174       

Revised Code shall apply only for the purposes of any claim for    17,175       

an award of reparations filed pursuant to sections 2743.51 to      17,176       

2743.72 of the Revised Code and shall not enable a claimant who    17,177       

does not meet the able to work, available for suitable work, or    17,178       

the actively seeking work requirements of division (A)(4)(a) of    17,179       

section 4141.29 of the Revised Code to obtain any benefits         17,180       

pursuant to this chapter.                                          17,181       

      (R)  The time for filing a request for reconsideration, an   17,183       

appeal, an application to institute further appeal, or a court     17,184       

appeal, under division (G), (H), (L), or (O) of this section       17,185       

shall be extended as follows:                                      17,186       

      (1)  When the last day of an appeal period is a Saturday,    17,188       

Sunday, or legal holiday, the appeal period is extended to the     17,189       

next work day after the Saturday, Sunday, or legal holiday; or     17,190       

      (2)  When an interested party provides certified medical     17,192       

evidence stating that the interested party's physical condition    17,193       

or mental capacity prevented the interested party from filing a    17,194       

                                                          416    

                                                                 
request for reconsideration, an appeal, or an application to       17,195       

institute further appeal pursuant to division (G), (H), or (L) of  17,196       

this section within the appropriate twenty-one-day period, the     17,197       

appeal period is extended to twenty-one days after the end of the  17,198       

physical or mental condition and the request, appeal, or           17,199       

application is considered timely filed if filed within that        17,200       

extended period;                                                   17,201       

      (3)  When an interested party provides evidence, which       17,203       

evidence may consist of testimony from the interested party, that  17,204       

is sufficient to establish that the party did not actually         17,205       

receive the determination or decision within the applicable        17,207       

appeal period pursuant to division (G), (H), or (L) of this        17,208       

section, and the administrator or the commission finds that the    17,209       

interested party did not actually receive the determination or     17,211       

decision within the applicable appeal period, then the appeal      17,212       

period is extended to twenty-one days after the interested party   17,213       

actually receives the determination or decision.                   17,214       

      (4)  When an interested party provides evidence, which       17,216       

evidence may consist of testimony from the interested party, that  17,217       

is sufficient to establish that the party did not actually         17,218       

receive a decision within the thirty-day appeal period provided    17,219       

in division (O)(1) of this section, and a court of common pleas    17,220       

finds that the interested party did not actually receive the       17,221       

decision within that thirty-day appeal period, then the appeal     17,222       

period is extended to thirty days after the interested party       17,223       

actually receives the decision.                                    17,224       

      (S)  No finding of fact or law, decision, or order of the    17,226       

administrator, referee, or the review commission, or a reviewing   17,228       

court pursuant to this section, shall be given collateral          17,229       

estoppel or res judicata effect in any separate or subsequent      17,230       

judicial, administrative, or arbitration proceeding, other than a  17,231       

proceeding arising under this chapter.                             17,232       

      Sec. 5101.26.   As used in this section and in sections      17,242       

5101.27 to 5101.30 of the Revised Code:                                         

                                                          417    

                                                                 
      (A)  "County agency" means a county department of human      17,244       

services established under Chapter 329. of the Revised Code or a   17,246       

public children services agency, as defined in section 2151.011    17,248       

of the Revised Code.                                               17,249       

      (B)  "Fugitive felon" means an individual who is fleeing to  17,251       

avoid prosecution, or custody or confinement after conviction,     17,253       

under the laws of the place from which the individual is fleeing,  17,254       

for a crime or an attempt to commit a crime that is a felony       17,256       

under the laws of the place from which the individual is fleeing   17,257       

or, in the case of New Jersey, a high misdemeanor, regardless of   17,258       

whether the individual has departed from the individual's usual    17,259       

place of residence.                                                17,260       

      (C)  "Information" means records as defined in section       17,262       

149.011 of the Revised Code, any other documents in any format,    17,265       

and data derived from records and documents that are generated,    17,266       

acquired, or maintained by the state department of human                        

services, a county agency, or an entity performing duties on       17,268       

behalf of the state department or a county agency.                 17,269       

      (D)  "Law enforcement agency" means the state highway        17,272       

patrol, an agency that employs peace officers as defined in        17,273       

section 109.71 of the Revised Code, the adult parole authority, a  17,274       

county department of probation, a prosecuting attorney, the        17,275       

attorney general, similar agencies of other states, federal law    17,277       

enforcement agencies, and postal inspectors.  "Law enforcement                  

agency" includes the peace officers and other law enforcement      17,278       

officers employed by the agency.                                   17,279       

      (E)  "Public assistance" means financial assistance,         17,281       

medical assistance, or social services provided under a program    17,283       

administered by the state department or a county agency pursuant   17,284       

to Chapter 329., 5101., 5104., 5107., 5108., 5111., or 5115. of    17,285       

the Revised Code or an executive order issued under section        17,286       

107.17 of the Revised Code.                                        17,287       

      (F)  "Public assistance recipient" means an applicant for    17,289       

or recipient or former recipient of public assistance or           17,291       

                                                          418    

                                                                 
participant or former participant in Ohio works first or the       17,292       

prevention, retention, and contingency program.                                 

      Sec. 5101.28.  (A)  The state department OF HUMAN SERVICES   17,302       

shall enter into written agreements with law enforcement agencies  17,303       

to exchange, obtain, or share information regarding public         17,304       

assistance recipients to enable the state department, county       17,305       

agencies, and law enforcement agencies to determine whether a      17,306       

recipient or a member of a recipient's assistance group is either  17,309       

of the following:                                                               

      (1)  A fugitive felon;                                       17,311       

      (2)  Violating a condition of probation, a community         17,313       

control sanction, parole, or a post-release control sanction       17,314       

imposed under state or federal law.                                             

      (B)  The state department and county agencies shall provide  17,317       

information regarding recipients of public assistance under a      17,318       

program administered by the state department or a county agency                 

pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to  17,319       

law enforcement agencies on request for the purposes of            17,321       

investigations, prosecutions, and criminal and civil proceedings   17,322       

that are within the scope of the law enforcement agencies'         17,323       

official duties.                                                                

      (C)  Information about a recipient shall be exchanged,       17,325       

obtained, or shared only if the state department, county agency,   17,327       

or law enforcement agency requesting the information gives         17,328       

sufficient information to specifically identify the recipient.     17,329       

In addition to the recipient's name, identifying information may   17,330       

include the recipient's current or last known address, social                   

security number, other identifying number, age, gender, physical   17,331       

characteristics, any information specified in an agreement         17,332       

entered into under division (A) of this section, or any            17,333       

information considered appropriate by the department or agency.    17,334       

      (D)(1)  The state department and its officers and employees  17,336       

are not liable in damages in a civil action for any injury,        17,337       

death, or loss to person or property that allegedly arises from    17,338       

                                                          419    

                                                                 
the release of information in accordance with divisions (A), (B),  17,339       

and (C) of this section.  This section does not affect any         17,341       

immunity or defense that the state department and its officers     17,343       

and employees may be entitled to under another section of the      17,344       

Revised Code or the common law of this state, including section    17,346       

9.86 of the Revised Code.                                                       

      (2)  The county agencies and their employees are not liable  17,348       

in damages in a civil action for any injury, death, or loss to     17,349       

person or property that allegedly arises from the release of       17,350       

information in accordance with divisions (A), (B), and (C) of      17,351       

this section.  "Employee" has the same meaning as in division (B)  17,353       

of section 2744.01 of the Revised Code.  This section does not     17,354       

affect any immunity or defense that the county agencies and their  17,355       

employees may be entitled to under another section of the Revised  17,356       

Code or the common law of this state, including section 2744.02    17,358       

and division (A)(6) of section 2744.03 of the Revised Code.        17,359       

      (E)  To the extent permitted by federal law, the state       17,361       

department and county agencies shall provide access to             17,362       

information to the auditor of state acting pursuant to Chapter     17,363       

117. or sections 5101.181 and 5101.182 of the Revised Code and to  17,364       

any other government entity authorized by state or federal law to  17,365       

conduct an audit of or similar activity involving a public         17,366       

assistance program.                                                17,367       

      (F)  The auditor of state shall prepare an annual report on  17,370       

the outcome of the agreements required under division (A) of this  17,371       

section.  The report shall include the number of fugitive felons   17,372       

and probation and parole violators apprehended during the          17,373       

immediately preceding year as a result of the exchange of          17,374       

information pursuant to that division.  The auditor of state       17,376       

shall file the report with the governor, the president and         17,377       

minority leader of the senate, and the speaker and minority        17,378       

leader of the house of representatives.  The state department,     17,379       

county agencies, and law enforcement agencies shall cooperate      17,380       

with the auditor of state's office in gathering the information    17,381       

                                                          420    

                                                                 
required under this division.                                                   

      (G)  To the extent permitted by federal law, the state       17,384       

department of human services, county departments of human          17,385       

services, and employees of the departments may report to a public  17,386       

children services agency or other appropriate agency information   17,387       

on known or suspected physical or mental injury, sexual abuse or   17,388       

exploitation, or negligent treatment or maltreatment, of a child   17,389       

receiving public assistance, if circumstances indicate that the    17,390       

child's health or welfare is threatened.                           17,391       

      Sec. 5101.31.  (A)  As used in this section,:                17,400       

      (1)  "CABLE TELEVISION SERVICE" HAS THE SAME MEANING AS IN   17,402       

SECTION 2913.01 OF THE REVISED CODE.                               17,403       

      (2)  "CHILD SUPPORT ORDER" HAS THE SAME MEANING AS IN        17,405       

SECTION 2301.373 OF THE REVISED CODE.                              17,406       

      (3)  "Law enforcement entity" means a public entity that     17,408       

employs a law enforcement officer.                                 17,409       

      (4)  "OBLIGOR" AND "OBLIGEE" HAVE THE SAME MEANINGS AS IN    17,412       

SECTION 3113.21 OF THE REVISED CODE.                               17,413       

      (5)  "PUBLIC UTILITY" MEANS A PERSON OR ENTITY, INCLUDING    17,415       

AN ENTITY OWNED OR OPERATED BY A MUNICIPAL CORPORATION OR OTHER    17,416       

GOVERNMENT ENTITY, THAT IS DESCRIBED IN DIVISION (A) OF SECTION    17,418       

4905.03 OF THE REVISED CODE AS A TELEPHONE COMPANY, ELECTRIC       17,421       

LIGHT COMPANY, GAS COMPANY, NATURAL GAS COMPANY, WATER-WORKS       17,422       

COMPANY, HEATING OR COOLING COMPANY, OR SEWAGE DISPOSAL SYSTEM     17,423       

COMPANY, OR THAT IS PROVIDING CABLE TELEVISION SERVICE.            17,424       

      (6)  "SUPPORT ORDER" HAS THE SAME MEANING AS IN SECTION      17,426       

2301.34 OF THE REVISED CODE.                                       17,428       

      (B)  The division of child support is hereby created in the  17,431       

department of human services.  The division shall establish and    17,432       

administer a program of child support enforcement, which program   17,433       

shall meet the requirements of Title IV-D of the "Social Security  17,434       

Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, and any     17,435       

rules adopted under Title IV-D.  The program of child support      17,436       

enforcement shall include, but not be limited to, the location of  17,437       

                                                          421    

                                                                 
absent parents, the establishment of parentage, the establishment  17,438       

and modification of child support orders and medical support       17,439       

orders, the enforcement of support orders, and the collection of   17,440       

support obligations.                                                            

      AS PART OF ITS EFFORTS TO ESTABLISH PARENTAGE, THE DIVISION  17,442       

SHALL DEVELOP A PROGRAM TO PUBLICIZE THE STATE PROCEDURES FOR      17,443       

ESTABLISHING THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP AND  17,444       

THE ADVANTAGES OF ESTABLISHING SUCH A RELATIONSHIP.  THE DIVISION  17,445       

MAY REQUIRE ANY BOARD, COMMISSION, OR AGENCY OF THE STATE TO       17,446       

PARTICIPATE IN THE PUBLICITY PROGRAM.                                           

      The department shall charge an application fee of up to      17,448       

twenty-five dollars, as determined by rule adopted by the          17,449       

department pursuant to Chapter 119. of the Revised Code, for       17,450       

furnishing services under Title IV-D of the "Social Security       17,451       

Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, to persons  17,452       

not participating in Ohio works first under Chapter 5107. of the   17,453       

Revised Code.  The department shall adopt rules pursuant to        17,455       

Chapter 119. of the Revised Code authorizing counties, at their    17,456       

option, to waive the payment of the fee.  The application fee,     17,457       

unless waived pursuant to rules adopted by the department          17,458       

pursuant to this section, shall be paid by those persons.          17,459       

      (C)  The division of child support shall establish, by rule  17,461       

adopted pursuant to Chapter 119. of the Revised Code, a program    17,462       

of spousal support enforcement in conjunction with child support   17,463       

enforcement.  The program shall conform, to the extent             17,464       

practicable, to the program for child support enforcement          17,465       

established pursuant to division (B) of this section.              17,466       

      (D)  The department of human services shall enter into an    17,468       

agreement with the secretary of health and human services, as      17,469       

authorized by the "Parental Kidnapping Prevention Act of 1980,"    17,470       

94 Stat. 3572, 42 U.S.C. 663, as amended, under which the          17,471       

services of the parent locater service established pursuant to     17,472       

Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42  17,473       

U.S.C. 651, as amended, shall be made available to this state for  17,474       

                                                          422    

                                                                 
the purpose of determining the whereabouts of any absent parent    17,475       

or child in order to enforce a law with respect to the unlawful    17,476       

taking or restraint of a child, or to make or enforce a            17,477       

determination as to the allocation, between the parents of a       17,478       

child, of the parental rights and responsibilities for the care    17,479       

of a child and the designation of the residential parent and       17,480       

legal custodian of a child or otherwise as to the custody of a     17,481       

child.                                                             17,482       

      (E)  The division of child support shall not use any social  17,484       

security number made available to it under section 3705.07 of the  17,485       

Revised Code for any purpose other than child support              17,486       

enforcement.                                                       17,487       

      (F)(1)  Except as provided by the rules adopted pursuant to  17,489       

this division (F)(2) OF THIS SECTION, no person shall disclose DO  17,491       

EITHER OF THE FOLLOWING:                                                        

      (a)  DISCLOSE information concerning applicants for and      17,493       

recipients of Title IV-D support enforcement program services      17,495       

provided by a child support enforcement agency;                    17,496       

      (b)  DISCLOSE ANY INFORMATION COLLECTED PURSUANT TO          17,498       

DIVISION (G) OF THIS SECTION.  The department of human services    17,499       

      (2)  THE DIVISION OF CHILD SUPPORT shall adopt rules         17,501       

governing access to, and use and disclosure of, THE information    17,503       

concerning applicants for and recipients of Title IV-D support     17,505       

enforcement program services provided by a child support                        

enforcement agency DESCRIBED IN DIVISION (F)(1) OF THIS SECTION.   17,507       

The rules shall be consistent with the requirements of Title IV-D  17,508       

of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.                   

651, as amended, and any rules adopted under Title IV-D.           17,509       

      (G)(1)  Except as provided in division (G)(2)(4) of this     17,512       

section, the department of human services THE DIVISION OF CHILD                 

SUPPORT shall have access to any ALL OF THE FOLLOWING UNLESS       17,514       

RELEASE OF THE INFORMATION IS PROHIBITED BY FEDERAL OR STATE LAW:  17,515       

      (a)  ANY information in the possession of any officer,       17,517       

board, commission, or agency ENTITY of the state OR ANY POLITICAL  17,520       

                                                          423    

                                                                 
SUBDIVISION OF THE STATE that would aid the department DIVISION    17,521       

in locating an absent parent or child pursuant to division (D) of  17,523       

this section, unless release of the information is prohibited by   17,524       

federal law;                                                                    

      (b)  ANY INFORMATION CONCERNING THE EMPLOYMENT,              17,526       

COMPENSATION, AND BENEFITS OF ANY OBLIGOR OR OBLIGEE SUBJECT TO A  17,528       

SUPPORT ORDER IN THE POSSESSION OF ANY PERSON;                                  

      (c)  THE NAME AND ADDRESS OF ANY OBLIGOR OR OBLIGEE SUBJECT  17,531       

TO A SUPPORT ORDER AND THE OBLIGOR'S OR OBLIGEE'S EMPLOYER IN THE  17,532       

CUSTOMER RECORDS OF A PUBLIC UTILITY.                                           

      (2)  The department of taxation, the bureau of motor         17,534       

vehicles, and a law enforcement entity shall provide information   17,535       

the division of child support requests from the department,        17,536       

bureau, or entity that will enable the division to locate a        17,537       

parent the division or a child support enforcement agency is       17,538       

seeking pursuant to child support enforcement activities.  The     17,539       

department, bureau, PERSON or entity REQUIRED TO PROVIDE           17,540       

INFORMATION PURSUANT TO DIVISION (G)(1) OF THIS SECTION, may       17,542       

provide such information to a child support enforcement agency at  17,543       

the agency's request or require the agency to request that the     17,544       

division of child support request the information for the agency.  17,545       

The division shall request the information from the department,    17,546       

bureau, PERSON or entity on the request of a child support         17,548       

enforcement agency.                                                             

      The only information the department shall provide the        17,550       

division or an agency under this section is the name and address   17,551       

of a parent the division or agency is seeking.  The information    17,552       

the bureau or entity shall provide to the division or an agency    17,553       

under this section is the information Title IV-D of the "Social    17,554       

Security Act" requires the division or agency be able to receive.  17,555       

      The division or agency shall reimburse the department,       17,557       

bureau, or entity for the cost of providing the information.  If   17,559       

the division requests the information for an agency, the agency    17,560       

shall reimburse the division for reimbursing the department,       17,561       

                                                          424    

                                                                 
bureau, or entity.                                                              

      (3)  AN OFFICER OR ENTITY OF THE STATE OR POLITICAL          17,563       

SUBDIVISION OF THE STATE OR ANY OTHER PERSON WHO PROVIDES          17,565       

INFORMATION PURSUANT TO THIS DIVISION SHALL NOT BE SUBJECT TO      17,567       

CRIMINAL OR CIVIL LIABILITY FOR PROVIDING THE INFORMATION.         17,568       

      (4)(a)  THE DEPARTMENT OF TAXATION SHALL NOT PROVIDE ANY     17,571       

INFORMATION TO THE DIVISION, EXCEPT AS PROVIDED IN DIVISION        17,572       

(G)(4) OF THIS SECTION.  FOR PURPOSES OF THE ESTABLISHMENT OF      17,573       

PATERNITY, THE ESTABLISHMENT, MODIFICATION, OR ENFORCEMENT OF      17,574       

SUPPORT ORDERS, AND THE LOCATION OF ABSENT PARENTS PURSUANT TO     17,575       

CHILD SUPPORT ENFORCEMENT ACTIVITIES, THE DIVISION OF CHILD        17,576       

SUPPORT IS AUTHORIZED TO HAVE ACCESS TO INFORMATION CONCERNING     17,577       

THE RESIDENTIAL ADDRESS, EMPLOYER, INCOME, AND ASSETS OF           17,578       

TAXPAYERS IF THAT INFORMATION IS CONTAINED IN THE STATE TAX        17,579       

RECORDS MAINTAINED BY THE DEPARTMENT.  THE DIVISION SHALL          17,580       

REIMBURSE THE DEPARTMENT FOR THE COST OF ACCESS TO, AND                         

OBTAINMENT OF, THE INFORMATION DESCRIBED IN DIVISION (G)(4)(a) OF  17,582       

THIS SECTION.  THE DEPARTMENT OF TAXATION SHALL NOT PROVIDE ANY    17,583       

INFORMATION TO THE DIVISION IF THE PROVISION OF THE INFORMATION    17,584       

IS PROHIBITED BY STATE OR FEDERAL LAW.                             17,585       

      (b)  THE DEPARTMENT OF TAXATION OR ITS OFFICERS AND          17,587       

EMPLOYEES SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY FOR  17,588       

PROVIDING ACCESS TO THE INFORMATION DESCRIBED IN DIVISION          17,590       

(G)(4)(a) OF THIS SECTION.  THE INFORMATION OBTAINED PURSUANT TO   17,591       

DIVISION (G)(4)(a) OF THIS SECTION IS SUBJECT TO THE               17,593       

NONDISCLOSURE REQUIREMENTS OF DIVISION (F) OF THIS SECTION.        17,594       

      (5)  NO PERSON OR ENTITY, OTHER THAN AN OFFICER OR ENTITY    17,597       

OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE, SHALL FAIL   17,600       

TO PROVIDE INFORMATION AS REQUIRED BY DIVISION (G)(1) OR (2) OF    17,601       

THIS SECTION.  A PERSON OR ENTITY THAT FAILS TO PROVIDE THE        17,603       

INFORMATION MAY BE FINED FIVE HUNDRED DOLLARS.  THE DEPARTMENT OF  17,604       

HUMAN SERVICES SHALL FILE AN ACTION IN THE COURT OF COMMON PLEAS   17,605       

OF FRANKLIN COUNTY, REQUESTING THAT THE COURT IMPOSE THE FINE FOR  17,607       

FAILURE TO PROVIDE THE INFORMATION.  IF THE COURT DETERMINES THAT  17,608       

                                                          425    

                                                                 
THE PERSON OR ENTITY FAILED TO PROVIDE THE INFORMATION, IT MAY     17,610       

IMPOSE THE FINE.  THE COURT SHALL DIRECT THAT THE FINE BE PAID TO  17,611       

THE DEPARTMENT OF HUMAN SERVICES.                                  17,612       

      Sec. 5101.311.  (A)  If the division of child support in     17,622       

the department of human services receives notification of the      17,623       

issuance of a court or administrative support order from a child   17,624       

support enforcement agency or a court pursuant to section          17,625       

2301.351 of the Revised Code, the division shall enter the         17,626       

notification in an alphabetical index of court and administrative  17,627       

support orders it maintains under the last name of the person who  17,628       

is required to make the support payments under the support order.  17,629       

An entry in the index of support orders shall include the name of  17,630       

the person required to make the support payments under the         17,631       

support order, the address and the social security number or       17,632       

other identification number provided for that person, whether a    17,633       

child support enforcement agency is administering the support      17,634       

order, and the county in which the court that issued the support   17,635       

order is located.                                                  17,636       

      (B)  Any consumer reporting agency may contact the division  17,638       

of child support and request information as to whether a           17,639       

specified person is required to pay support under a court or       17,640       

administrative support order.  The request shall include the       17,641       

person's name, the person's address and social security or other   17,642       

identification number, if known, and any other identifying         17,643       

information relative to the person that is known by the agency,    17,644       

and shall be accompanied by the fee adopted by the director of     17,645       

human services under division (C) of this section.  Upon receipt   17,647       

of the request and the payment of the fee, the division shall                   

review the index of support orders that CASE REGISTRY it           17,648       

maintains PURSUANT TO SECTION 5101.319 OF THE REVISED CODE to      17,649       

determine if an entry has been made in the name of the person IS   17,650       

REQUIRED TO PAY SUPPORT UNDER A COURT OR ADMINISTRATIVE SUPPORT    17,651       

ORDER.                                                                          

      If the division, upon conducting its review, determines      17,653       

                                                          426    

                                                                 
that an entry in the name of the person is included in the index   17,654       

CASE REGISTRY, it shall provide the consumer reporting agency      17,656       

with a report that sets forth the name of the person who is the    17,657       

subject of the request, a statement that the person is required    17,658       

to make support payments under one or more court or                17,659       

administrative support orders, the name of the courts or child     17,660       

support enforcement agencies that issued the support orders, the   17,661       

counties in which those courts or agencies are located, and        17,662       

whether any of the support orders is being administered by a       17,663       

child support enforcement agency.                                  17,664       

      (C)  The director of human services, by rule, shall          17,666       

prescribe a reasonable fee that must be paid by a consumer         17,667       

reporting agency upon the making of a request for information      17,668       

under division (A) of this section.  The fee prescribed under      17,669       

this division shall not exceed the average actual cost             17,670       

experienced by the division of child support in performing the     17,671       

duties imposed upon it by this section.                            17,672       

      (D)(B)  As used in this section, "consumer reporting         17,674       

agency" means any person that, for monetary fees, dues, or on a    17,675       

cooperative nonprofit basis, regularly engages in whole or in      17,676       

part in the practice of assembling or evaluating consumer credit   17,677       

information or other information on consumers for the purpose of   17,678       

furnishing consumer reports to third parties and that uses any     17,679       

means or facility of interstate commerce for the purpose of        17,680       

preparing or furnishing consumer reports.                          17,681       

      Sec. 5101.312.  (A)  As used in this section:                17,690       

      (1)  "Child support SUPPORT order" has the same meaning as   17,692       

in section 2301.373 2301.34 of the Revised Code.                   17,693       

      (2)  "EMPLOYEE" DOES NOT INCLUDE AN INDIVIDUAL PERFORMING    17,695       

INTELLIGENCE OR COUNTERINTELLIGENCE FUNCTIONS FOR A STATE AGENCY,  17,697       

IF THE HEAD OF THE AGENCY HAS DETERMINED THAT REPORTING PURSUANT   17,698       

TO THIS SECTION COULD ENDANGER THE SAFETY OF THE EMPLOYEE OR       17,699       

COMPROMISE AN ONGOING INVESTIGATION OR INTELLIGENCE MISSION.       17,700       

      (3)  "Employer" means any employer with twenty-five or more  17,702       

                                                          427    

                                                                 
employees, except "employer" also means an employer with fewer     17,703       

than twenty-five employees if the employer's business is one of    17,704       

the following:                                                     17,705       

      (a)  Eating and drinking place;                              17,707       

      (b)  General building contractor;                            17,709       

      (c)  Construction--special trade contractor;                 17,711       

      (d)  Motor freight transportation and warehousing;           17,713       

      (e)  Automotive dealer or gasoline service station;          17,715       

      (f)  Automotive repair, services, and parking.               17,717       

      (3) ANY PERSON OR GOVERNMENTAL ENTITY OTHER THAN THE         17,719       

FEDERAL GOVERNMENT FOR WHICH AN INDIVIDUAL PERFORMS ANY SERVICE,   17,720       

OF WHATEVER NATURE, AS THE EMPLOYEE OF SUCH PERSON, EXCEPT THAT:   17,722       

      (a)  IF THE PERSON FOR WHOM THE INDIVIDUAL PERFORMS          17,724       

SERVICES DOES NOT HAVE CONTROL OF THE PAYMENT OF COMPENSATION FOR  17,726       

THE SERVICES, "EMPLOYER" MEANS THE PERSON HAVING CONTROL OF THE    17,727       

PAYMENT OF THE COMPENSATION;                                                    

      (b)  IN THE CASE OF A PERSON PAYING COMPENSATION ON BEHALF   17,729       

OF A NONRESIDENT ALIEN INDIVIDUAL, FOREIGN PARTNERSHIP, OR         17,730       

FOREIGN CORPORATION NOT ENGAGED IN TRADE OR BUSINESS WITHIN THE    17,731       

UNITED STATES, "EMPLOYER" MEANS THE PERSON PAYING THE              17,732       

COMPENSATION.                                                                   

      (4)  "Obligor" means a person required to pay support under  17,734       

a child support order.                                             17,736       

      (B)  Effective January 1, 1996, an (1)  EXCEPT AS PROVIDED   17,738       

IN DIVISION (B)(2) OF THIS SECTION, EVERY employer shall report    17,740       

in writing to the department of human services the hiring,         17,742       

rehiring, or return to work as an employee of a person who         17,743       

resides, works, or will be assigned to work in this state to whom  17,744       

the employer anticipates paying compensation.                                   

      (2)  AN EMPLOYER THAT HAS EMPLOYEES IN TWO OR MORE STATES    17,747       

AND THAT TRANSMITS REPORTS MAGNETICALLY OR ELECTRONICALLY MAY      17,748       

MAKE THE REPORT REQUIRED BY THIS SECTION TO ANOTHER STATE IF THE   17,749       

EMPLOYER DOES BOTH OF THE FOLLOWING:                                            

      (a)  NOTIFIES THE OHIO DEPARTMENT OF HUMAN SERVICES AND THE  17,752       

                                                          428    

                                                                 
UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES IN WRITING    17,754       

THAT THE EMPLOYER HAS DESIGNATED ANOTHER STATE AS THE STATE TO                  

WHICH THE EMPLOYER WILL TRANSMIT THE REPORT;                       17,756       

      (b)  TRANSMITS THE REPORT TO THAT STATE IN COMPLIANCE WITH   17,759       

FEDERAL LAW.                                                                    

      (C)  An employer shall include all of the following in each  17,761       

report:                                                            17,762       

      (1)  The employee's name, address, and DATE OF BIRTH,        17,764       

social security number, AND DATE OF HIRE, REHIRE, OR RETURN TO     17,765       

WORK;                                                              17,766       

      (2)  The employer's name, address, and identification        17,768       

number.                                                                         

      (D)  An employer may make a report by submitting a copy of   17,770       

the United States internal revenue service form W-4 (employee's    17,772       

withholding allowance certificate) for the employee, a form                     

provided by the department, or any other hiring document or data   17,773       

storage device or mechanism the department authorizes.  An         17,774       

employer may make the report by mail, fax, MAGNETIC OR ELECTRONIC  17,775       

MEANS, or other means the department authorizes.  If an employer   17,776       

makes a report by mail, the date of making the report is the       17,777       

postmark date if the report is mailed in the United States with    17,778       

first class postage and is addressed as the department             17,779       

authorizes.  An employer shall make the report not later than      17,780       

thirty TWENTY days after the date on which the employer hires or   17,782       

rehires an employee or the employee returns to work.               17,783       

      (E)(1)  THE DEPARTMENT SHALL, WITHIN FIVE DAYS OF RECEIPT    17,786       

FROM AN EMPLOYER, ENTER THE INFORMATION DESCRIBED IN DIVISION (C)  17,787       

OF THIS SECTION INTO A DIRECTORY, WHICH SHALL BE PART OF OR        17,788       

ACCESSIBLE TO THE AUTOMATED DATA PROCESSING SYSTEM REQUIRED        17,789       

PURSUANT TO SECTION 5101.322 OF THE REVISED CODE.                  17,792       

      (2)  THE DEPARTMENT SHALL MAKE COMPARISONS OF THE SOCIAL     17,795       

SECURITY NUMBERS OBTAINED PURSUANT TO THIS SECTION AND THE SOCIAL  17,796       

SECURITY NUMBERS APPEARING IN THE REGISTRY MAINTAINED PURSUANT TO  17,797       

SECTION 5101.319 OF THE REVISED CODE.                                           

                                                          429    

                                                                 
      (3)  WITHIN TWO BUSINESS DAYS AFTER INFORMATION IS ENTERED   17,799       

INTO THE DIRECTORY PURSUANT TO THIS DIVISION, IF THE COMPARISON    17,800       

CONDUCTED BY THE DEPARTMENT PURSUANT TO DIVISION (E)(2) OF THIS    17,802       

SECTION RESULTS IN A MATCH THE DEPARTMENT SHALL NOTIFY THE CHILD   17,804       

SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER.  ON                 

RECEIPT OF THE NOTICE THE AGENCY SHALL SEND A NOTICE TO THE        17,806       

EMPLOYER PURSUANT TO DIVISION (B) OF SECTION 3111.23 OR DIVISION   17,807       

(D) OF SECTION 3113.21 OF THE REVISED CODE, UNLESS THE EMPLOYEE'S  17,810       

INCOME IS NOT SUBJECT TO WITHHOLDING, AND SHALL TAKE ANY OTHER     17,811       

APPROPRIATE ACTION UNDER SECTIONS 3111.20 TO 3111.28 AND 3113.21   17,812       

TO 3113.219 OF THE REVISED CODE.                                   17,814       

      (4)(a)  WITHIN THREE BUSINESS DAYS AFTER INFORMATION IS      17,816       

ENTERED INTO THE DIRECTORY PURSUANT TO THIS DIVISION, THE          17,817       

DEPARTMENT SHALL FURNISH THE INFORMATION TO THE NATIONAL           17,818       

DIRECTORY OF NEW HIRES.                                            17,819       

      (b)  THE BUREAU OF EMPLOYMENT SERVICES SHALL FURNISH TO THE  17,822       

NATIONAL DIRECTORY OF NEW HIRES ON A QUARTERLY BASIS SUCH          17,823       

INFORMATION CONTAINED IN THE RECORDS OF THE BUREAU OF EMPLOYMENT   17,824       

SERVICES AS IS REQUIRED BY STATE AND FEDERAL LAW.                  17,825       

      (F)  The department shall use the reports it receives        17,827       

pursuant to this section to locate obligors under child            17,828       

INDIVIDUALS FOR THE PURPOSES OF ESTABLISHING PATERNITY;            17,829       

ESTABLISHING, MODIFYING, AND ENFORCING support orders being        17,830       

administered by child support enforcement agencies in this state;  17,831       

and to detect fraud in any program administered by the             17,833       

department.  The DEPARTMENT SHALL ADOPT RULES IN ACCORDANCE WITH   17,834       

CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS SECTION.        17,835       

      THE REPORTS SHALL NOT BE CONSIDERED PUBLIC RECORDS FOR       17,837       

PURPOSES OF SECTION 149.43 OF THE REVISED CODE, AND THE            17,840       

DEPARTMENT MAY ADOPT RULES UNDER SECTION 5101.31 OF THE REVISED    17,843       

CODE GOVERNING ACCESS TO, AND USE AND DISCLOSURE OF, INFORMATION   17,844       

CONTAINED IN THE REPORTS.  THE DEPARTMENT MAY DISCLOSE             17,845       

INFORMATION IN THE REPORTS TO ANY AGENT OF THE DEPARTMENT OR       17,846       

CHILD SUPPORT ENFORCEMENT AGENCY THAT IS UNDER CONTRACT WITH THE   17,847       

                                                          430    

                                                                 
DEPARTMENT FOR THE PURPOSES LISTED IN THIS DIVISION.  THE          17,848       

department may submit to the bureau of workers' compensation or    17,849       

the bureau of employment services a copy of any report it          17,850       

receives from an employer pursuant to this section.  The                        

department shall adopt rules in accordance with Chapter 119. of    17,851       

the Revised Code to implement this section.  In adopting the       17,852       

rules, the department shall work with the bureau of employment     17,854       

services for the purpose of identifying the industries listed in   17,855       

division (A)(2) of this section by using the Standard Industrial   17,856       

Classification codes established in the standard industrial        17,857       

classification manual, 1987, published by the executive office of  17,858       

the president, office of management and budget.                                 

      (F)(G)  An employer who fails to make a report required by   17,860       

this section shall be required by the department of human          17,861       

services to pay a fee of LESS THAN twenty-five dollars for each    17,862       

failure to make a report.                                                       

      IF THE FAILURE TO MAKE A REPORT IS THE RESULT OF A           17,864       

CONSPIRACY BETWEEN THE EMPLOYER AND THE EMPLOYEE NOT TO SUPPLY     17,865       

THE REPORT OR TO SUPPLY A FALSE OR INCOMPLETE REPORT, THE          17,866       

DEPARTMENT OF HUMAN SERVICES SHALL REQUIRE THE EMPLOYER TO PAY A   17,867       

FEE OF LESS THAN FIVE HUNDRED DOLLARS FOR EACH SUCH FAILURE.       17,868       

      Sec. 2105.18 5101.314.  (A)(1)  The natural father, natural  17,880       

mother, or other custodian or guardian of a child, a child                      

support enforcement agency PURSUANT TO SECTION 3111.21 OF THE      17,881       

REVISED CODE, A LOCAL REGISTRAR OF VITAL STATISTICS PURSUANT TO    17,882       

SECTION 3705.091 OF THE REVISED CODE, or a hospital staff person   17,883       

pursuant to section 3727.17 of the Revised Code, in person or by   17,884       

mail, may file an acknowledgment of paternity in the probate       17,885       

court of the county in which the natural father, natural mother,   17,886       

or other guardian or custodian of the child resides, in the        17,887       

county in which the child resides, or the county in which the      17,888       

child was born WITH THE DIVISION OF CHILD SUPPORT IN THE           17,889       

DEPARTMENT OF HUMAN SERVICES, acknowledging that the child is the  17,890       

child of the natural father who signed the acknowledgment.  The    17,891       

                                                          431    

                                                                 
acknowledgment of paternity shall state that the natural father    17,892       

who signs the acknowledgment of paternity acknowledges that he is  17,893       

the natural father of the named child and that he assumes the                   

parental duty of support of that child.  The acknowledgment of     17,895       

paternity BE MADE ON THE AFFIDAVIT PREPARED PURSUANT TO SECTION    17,896       

5101.324 OF THE REVISED CODE, shall be signed by the natural       17,897       

father and the natural mother in the presence of two competent     17,898       

and disinterested witnesses who are eighteen years of age or       17,899       

older and by the two witnesses.  If an acknowledgment of           17,900       

paternity is completed and filed in accordance with this section   17,901       

and if the acknowledgment is accompanied by the appropriate fee    17,902       

prescribed in section 2101.16 of the Revised Code, the probate     17,903       

court shall enter the acknowledgment upon its journal.             17,904       

Thereafter, AND EACH SIGNATURE SHALL BE NOTARIZED.  THE NATURAL    17,905       

FATHER AND MOTHER MAY SIGN AND HAVE THE SIGNATURE NOTARIZED        17,906       

OUTSIDE OF EACH OTHER'S PRESENCE.  AN ACKNOWLEDGMENT SHALL BE      17,909       

SENT TO THE DIVISION NO LATER THAN TEN DAYS AFTER IT HAS BEEN      17,910       

SIGNED AND NOTARIZED.  IF A PERSON KNOWS A MAN IS PRESUMED UNDER   17,911       

SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE CHILD  17,912       

DESCRIBED IN THIS SECTION, THE PERSON SHALL NOT NOTARIZE OR FILE   17,913       

AN ACKNOWLEDGMENT WITH RESPECT TO THE CHILD PURSUANT TO THIS       17,914       

SECTION.                                                                        

      (2)(a)  ON THE FILING OF AN ACKNOWLEDGMENT PURSUANT TO       17,916       

DIVISION (A)(1) OF THIS SECTION, THE DIVISION SHALL EXAMINE THE    17,919       

ACKNOWLEDGMENT TO DETERMINE WHETHER IT IS COMPLETED CORRECTLY.     17,920       

THE DIVISION SHALL MAKE THE EXAMINATION NO LATER THAN FIVE DAYS    17,921       

AFTER THE ACKNOWLEDGMENT IS FILED.  IF THE ACKNOWLEDGMENT IS       17,922       

COMPLETED CORRECTLY, THE DIVISION SHALL COMPLY WITH DIVISION       17,924       

(A)(2)(b) OF THIS SECTION.  IF THE ACKNOWLEDGMENT IS NOT           17,925       

COMPLETED CORRECTLY, THE DIVISION SHALL RETURN IT TO THE PERSON    17,926       

OR ENTITY THAT FILED IT.  THE PERSON OR ENTITY SHALL HAVE TEN      17,927       

DAYS FROM THE DATE THE DIVISION SENDS THE ACKNOWLEDGMENT BACK TO   17,928       

CORRECT IT AND RETURN IT TO THE DIVISION.  THE DIVISION SHALL      17,929       

SEND, ALONG WITH THE ACKNOWLEDGMENT, A NOTICE STATING WHAT NEEDS   17,930       

                                                          432    

                                                                 
TO BE CORRECTED AND THE AMOUNT OF TIME THE PERSON OR ENTITY HAS    17,931       

TO MAKE THE CORRECTIONS AND RETURN THE ACKNOWLEDGMENT TO THE       17,932       

DIVISION.                                                                       

      IF THE PERSON OR ENTITY RETURNS THE ACKNOWLEDGMENT IN A      17,934       

TIMELY MANNER, THE DIVISION SHALL EXAMINE THE ACKNOWLEDGMENT       17,935       

AGAIN TO DETERMINE WHETHER IT HAS BEEN CORRECTLY COMPLETED.  IF    17,936       

THE ACKNOWLEDGMENT HAS BEEN CORRECTLY COMPLETED, THE DIVISION      17,937       

SHALL COMPLY WITH DIVISION (A)(2)(b) OF THIS SECTION.  IF THE      17,939       

ACKNOWLEDGMENT HAS NOT BEEN CORRECTLY COMPLETED THE SECOND TIME    17,940       

OR IF THE ACKNOWLEDGMENT IS NOT RETURNED TO THE DIVISION IN A      17,941       

TIMELY MANNER, THE ACKNOWLEDGMENT IS INVALID AND THE DIVISION      17,942       

SHALL RETURN IT TO THE PERSON OR ENTITY AND SHALL NOT ENTER IT     17,943       

INTO THE BIRTH REGISTRY.  IF THE DIVISION RETURNS AN               17,944       

ACKNOWLEDGMENT THE SECOND TIME, IT SHALL SEND A NOTICE TO THE                   

PERSON OR ENTITY STATING THE ERRORS IN THE ACKNOWLEDGMENT AND      17,945       

THAT THE ACKNOWLEDGMENT IS INVALID.                                17,946       

      (b)  IF THE DIVISION DETERMINES AN ACKNOWLEDGMENT IS         17,948       

CORRECTLY COMPLETED, THE DIVISION SHALL ENTER THE INFORMATION ON   17,950       

THE ACKNOWLEDGMENT INTO THE BIRTH REGISTRY PURSUANT TO DIVISION    17,952       

(D) OF THIS SECTION.  AFTER ENTERING THE INFORMATION IN THE        17,953       

REGISTRY, THE DIVISION SHALL SEND THE ACKNOWLEDGMENT TO THE        17,954       

DEPARTMENT OF HEALTH FOR STORAGE PURSUANT TO SECTION 3705.091 OF   17,955       

THE REVISED CODE.  THE DIVISION MAY REQUEST THAT THE DEPARTMENT    17,958       

OF HEALTH SEND BACK TO THE DIVISION ANY ACKNOWLEDGMENT THAT IS     17,959       

BEING STORED BY THE DEPARTMENT OF HEALTH PURSUANT TO THAT          17,960       

SECTION.                                                                        

      (3)  AN ACKNOWLEDGMENT OF PATERNITY IS FINAL AND             17,962       

ENFORCEABLE WITHOUT RATIFICATION BY A COURT WHEN EITHER OF THE     17,963       

FOLLOWING HAS OCCURRED:                                                         

      (a)  THE ACKNOWLEDGMENT HAS BECOME FINAL PURSUANT TO         17,965       

SECTION 2151.232 OR 3111.211 OF THE REVISED CODE.                  17,966       

      (b)  THE ACKNOWLEDGMENT HAS BEEN FILED PURSUANT TO DIVISION  17,969       

(A)(1) OF THIS SECTION, THE INFORMATION ON THE ACKNOWLEDGMENT HAS  17,971       

BEEN ENTERED IN THE BIRTH REGISTRY PURSUANT TO DIVISION (D) OF     17,972       

                                                          433    

                                                                 
THIS SECTION, THE ACKNOWLEDGMENT HAS NOT BEEN RESCINDED PURSUANT   17,973       

TO DIVISION (B) OF THIS SECTION, AND MORE THAN SIXTY DAYS HAVE     17,974       

ELAPSED SINCE THE DATE OF THE LAST SIGNATURE ON THE                17,975       

ACKNOWLEDGMENT.                                                                 

      THEREAFTER, the child is the child of the man who signed     17,979       

the acknowledgment of paternity, as though born to him in lawful   17,980       

wedlock, and, if the mother is unmarried, the man who signed the   17,981       

acknowledgment of paternity, the parents of the man who signed     17,982       

the acknowledgment of paternity, any relative of the man who       17,983       

signed the acknowledgment of paternity, the parents of the         17,984       

mother, and any relative of the mother may file a complaint                     

pursuant to section 3109.12 of the Revised Code requesting the     17,985       

granting under that section of reasonable companionship or         17,986       

visitation rights with respect to the child.                       17,987       

      (B)  After a probate court enters an acknowledgment upon     17,989       

its journal pursuant to division (A) of this section, the man who  17,991       

signed the acknowledgment of paternity is the father of the child               

and assumes the parental duty of support.  Notwithstanding         17,992       

section 3109.01 of the Revised Code, the parental duty of support  17,993       

of the father to the child shall continue beyond the age of        17,994       

majority as long as the child attends on a full-time basis any     17,995       

recognized and accredited high school.  The duty of support of     17,996       

the father shall continue during seasonal vacation periods.        17,997       

After the probate court enters the acknowledgment upon its         17,998       

journal, the                                                       17,999       

      (4)  ONCE THE ACKNOWLEDGMENT BECOMES FINAL PURSUANT TO THIS  18,002       

SECTION OR SECTION 2151.232 OR 3111.211 OF THE REVISED CODE, ALL                

OF THE FOLLOWING APPLY:                                                         

      (a)  THE MAN WHO SIGNED THE ACKNOWLEDGMENT OF PATERNITY      18,004       

ASSUMES THE PARENTAL DUTY OF SUPPORT.  NOTWITHSTANDING SECTION     18,005       

3109.01 OF THE REVISED CODE, THE PARENTAL DUTY OF SUPPORT OF THE   18,007       

FATHER TO THE CHILD SHALL CONTINUE BEYOND THE AGE OF MAJORITY AS   18,008       

LONG AS THE CHILD ATTENDS ON A FULL-TIME BASIS ANY RECOGNIZED AND  18,009       

ACCREDITED HIGH SCHOOL OR A CHILD SUPPORT ORDER PROVIDES THAT THE  18,011       

                                                          434    

                                                                 
DUTY OF SUPPORT CONTINUES BEYOND THE AGE OF MAJORITY.  EXCEPT IN   18,012       

CASES IN WHICH A CHILD SUPPORT ORDER PROVIDES THAT  THE DUTY OF    18,014       

SUPPORT CONTINUES FOR ANY PERIOD AFTER THE CHILD REACHES NINETEEN  18,015       

YEARS OF AGE, THE ORDER SHALL NOT REMAIN IN EFFECT AFTER THE       18,016       

CHILD REACHES NINETEEN YEARS OF AGE.                                            

      (b)  THE mother or other custodian or guardian of the child  18,018       

may file a complaint pursuant to section 2151.231 of the Revised   18,019       

Code in the court of common pleas of the county in which the       18,020       

child or the guardian or legal custodian of the child resides      18,021       

requesting the court to order the father to pay an amount for the  18,022       

support of the child, may contact the child support enforcement    18,023       

agency for assistance in obtaining the order, or may request an    18,024       

administrative officer of a child support enforcement agency to    18,025       

issue an administrative order for the payment of child support     18,026       

pursuant to division (D) of section 3111.20 of the Revised Code.   18,027       

      (c)  THE DIVISION SHALL NOTIFY THE DEPARTMENT OF HEALTH OF   18,030       

THE ACKNOWLEDGMENT.  IF THE ORIGINAL BIRTH RECORD IS INCONSISTENT               

WITH THE ACKNOWLEDGMENT THAT HAS BECOME FINAL, ON RECEIPT OF THE   18,031       

NOTICE, THE DEPARTMENT OF HEALTH SHALL, IN ACCORDANCE WITH         18,033       

SECTION 3705.09 OF THE REVISED CODE, PREPARE A NEW BIRTH RECORD                 

CONSISTENT WITH THE ACKNOWLEDGMENT THAT HAS BECOME FINAL AND       18,034       

SUBSTITUTE THE NEW RECORD FOR THE ORIGINAL BIRTH RECORD.           18,035       

      (B)(1)  NO LATER THAN SIXTY DAYS AFTER THE DATE OF THE       18,038       

LATEST SIGNATURE ON AN ACKNOWLEDGMENT OF PATERNITY FILED WITH THE  18,039       

DIVISION PURSUANT TO DIVISION (A) OF THIS SECTION, EITHER PERSON   18,041       

WHO SIGNED THE ACKNOWLEDGMENT MAY RESCIND IT BY DOING BOTH OF THE  18,042       

FOLLOWING:                                                                      

      (a)  REQUESTING A DETERMINATION OF THE EXISTENCE OR          18,045       

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP PURSUANT TO        18,046       

SECTION 3111.22 OF THE REVISED CODE WITH RESPECT TO THE CHILD WHO  18,048       

IS THE SUBJECT OF THE ACKNOWLEDGMENT.                                           

      (b)  NOTIFYING THE DIVISION IN WRITING THAT THE PARTY HAS    18,051       

COMPLIED WITH THE REQUIREMENTS OF DIVISION (B)(1)(a) OF THIS       18,053       

SECTION AND THE NAME OF THE CHILD SUPPORT ENFORCEMENT AGENCY       18,054       

                                                          435    

                                                                 
CONDUCTING THE GENETIC TESTS.                                      18,055       

      ON THE SAME DAY THAT THE DIVISION RECEIVES THE NOTICE        18,057       

DESCRIBED IN DIVISION (B)(1)(b) OF THIS SECTION, IT SHALL CONTACT  18,059       

THE AGENCY INDICATED IN THE NOTICE TO VERIFY THAT THE PARTY        18,060       

SENDING THE NOTICE HAS COMPLIED WITH THE REQUIREMENTS OF DIVISION  18,061       

(B)(1)(a) OF THIS SECTION.  IF THE DIVISION VERIFIES COMPLIANCE    18,063       

WITH DIVISION (B)(1)(a) OF THIS SECTION AND THE NOTICE UNDER       18,065       

DIVISION (B)(1)(b) OF THIS SECTION WAS SENT WITHIN THE TIME LIMIT  18,066       

REQUIRED BY THIS DIVISION, THE RECISION OF THE ACKNOWLEDGMENT      18,067       

SHALL BE EFFECTIVE AS OF THE DATE THE DIVISION RECEIVED THE        18,068       

NOTICE.  IF THE DIVISION IS UNABLE TO VERIFY THAT THE REQUIREMENT  18,069       

OF DIVISION (B)(1)(a) OF THIS SECTION HAS BEEN MET, THE            18,071       

ACKNOWLEDGMENT SHALL NOT BE RESCINDED.                                          

      (2)  AFTER AN ACKNOWLEDGMENT BECOMES FINAL PURSUANT TO THIS  18,073       

SECTION OR SECTION 2151.232 OR 3111.211 OF THE REVISED CODE, A     18,074       

MAN PRESUMED TO BE THE FATHER OF THE CHILD PURSUANT TO SECTION     18,075       

3111.03 OF THE REVISED CODE WHO DID NOT SIGN THE ACKNOWLEDGMENT,                

EITHER PERSON WHO SIGNED THE ACKNOWLEDGMENT, OR A GUARDIAN OR      18,076       

LEGAL CUSTODIAN OF THE CHILD MAY BRING AN ACTION TO RESCIND THE    18,077       

ACKNOWLEDGMENT ON THE BASIS OF FRAUD, DURESS, OR MATERIAL MISTAKE  18,079       

OF FACT.  THE COURT SHALL TREAT THE ACTION AS AN ACTION TO         18,080       

DETERMINE THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD      18,081       

RELATIONSHIP PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE        18,082       

REVISED CODE.  AN ACTION PURSUANT TO DIVISION (B)(2) OF THIS       18,083       

SECTION SHALL BE BROUGHT NO LATER THAN ONE YEAR AFTER THE          18,084       

ACKNOWLEDGMENT BECOMES FINAL.  THE ACTION MAY BE BROUGHT IN ONE    18,085       

OF THE FOLLOWING COURTS IN THE COUNTY IN WHICH THE CHILD, THE      18,086       

GUARDIAN OR CUSTODIAN OF THE CHILD, OR EITHER PERSON WHO SIGNED    18,087       

THE ACKNOWLEDGMENT RESIDES:                                                     

      (a)  THE JUVENILE COURT;                                     18,089       

      (b)  THE DOMESTIC RELATIONS DIVISION OF THE COURT OF COMMON  18,092       

PLEAS THAT HAS JURISDICTION PURSUANT TO SECTION 2301.03 OF THE     18,093       

REVISED CODE TO HEAR AND DETERMINE CASES ARISING UNDER CHAPTER     18,094       

3111. OF THE REVISED CODE.                                         18,095       

                                                          436    

                                                                 
      (C)  A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY, WHICHEVER  18,098       

IS APPLICABLE, SHALL FILE THE FOLLOWING WITH THE DIVISION:         18,099       

      (1)  AN ORDER ISSUED PURSUANT TO SECTION 3111.13 OF THE      18,102       

REVISED CODE ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT.     18,103       

      (2)  AN ORDER ISSUED PURSUANT TO SECTION 3111.22 OF THE      18,106       

REVISED CODE ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT                   

THAT HAS BECOME FINAL AND ENFORCEABLE.                             18,107       

      ON THE FILING OF AN ORDER PURSUANT TO DIVISION (C) OF THIS   18,110       

SECTION, THE DIVISION SHALL ENTER THE INFORMATION ON THE ORDER IN  18,112       

THE BIRTH REGISTRY PURSUANT TO DIVISION (D) OF THIS SECTION.       18,113       

      (D)(1)  THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF   18,116       

HUMAN SERVICES SHALL ESTABLISH AND MAINTAIN A BIRTH REGISTRY THAT  18,117       

SHALL CONTAIN ALL OF THE FOLLOWING INFORMATION CONTAINED IN        18,118       

ORDERS DETERMINING THE EXISTENCE OF A PARENT AND CHILD             18,119       

RELATIONSHIP AND ACKNOWLEDGMENTS OF PATERNITY REQUIRED TO BE       18,120       

FILED WITH THE DIVISION PURSUANT TO DIVISION (A) OR (C) OF THIS    18,122       

SECTION:                                                                        

      (a)  THE NAMES OF THE PARENTS OF THE CHILD SUBJECT TO THE    18,125       

ORDER OR ACKNOWLEDGMENT;                                                        

      (b)  THE NAME OF THE CHILD;                                  18,127       

      (c)  THE RESIDENT ADDRESS OF EACH PARENT AND EACH PARENT'S   18,130       

SOCIAL SECURITY NUMBER.                                                         

      (2)  THE REGISTRY ESTABLISHED PURSUANT TO THIS SECTION       18,132       

SHALL BE MAINTAINED AS PART OF AND BE ACCESSIBLE THROUGH THE       18,133       

AUTOMATED SYSTEM CREATED PURSUANT TO SECTION 5101.322 OF THE       18,135       

REVISED CODE.  THE DIVISION SHALL MAKE COMPARISONS OF THE                       

INFORMATION IN THE REGISTRY WITH THE INFORMATION MAINTAINED BY     18,136       

THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTIONS 5101.312     18,137       

AND 5101.313 OF THE REVISED CODE.  THE DEPARTMENT SHALL MAKE THE   18,140       

COMPARISONS IN THE MANNER AND IN THE TIME INTERVALS REQUIRED BY    18,141       

THE RULES ADOPTED PURSUANT TO DIVISION (E) OF THIS SECTION.        18,142       

      (E)  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES      18,145       

PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THE      18,148       

REQUIREMENTS OF THIS SECTION THAT ARE CONSISTENT WITH TITLE IV-D   18,150       

                                                          437    

                                                                 
OF THE "SOCIAL SECURITY ACT," AS AMENDED BY THE "PERSONAL          18,152       

RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996,"   18,154       

110 STAT. 2105., 42 U.S.C. 651 ET SEQ.                             18,155       

      (F)  AS USED IN THIS SECTION, "BIRTH RECORD" HAS THE SAME    18,157       

MEANING AS IN SECTION 3705.01 OF THE REVISED CODE.                 18,158       

      Sec. 5101.315.  (A)  AS USED IN THIS SECTION:                18,160       

      (1)  "FINANCIAL INSTITUTION," "OBLIGOR," AND "OBLIGEE" HAVE  18,163       

THE SAME MEANINGS AS IN SECTION 3113.21 OF THE REVISED CODE.       18,165       

      (2)  "SUPPORT ORDER" HAS THE SAME MEANING AS IN SECTION      18,168       

2301.34 OF THE REVISED CODE.                                       18,169       

      (B)  THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF      18,171       

HUMAN SERVICES SHALL ENTER INTO AN AGREEMENT WITH AT LEAST ONE     18,173       

FINANCIAL INSTITUTION DOING BUSINESS IN THIS STATE.  THE           18,174       

AGREEMENT SHALL PROVIDE THE DIVISION ACCESS TO ACCOUNT             18,175       

INFORMATION SPECIFIED IN THIS SECTION FOR THE PURPOSES OF          18,176       

ESTABLISHING, MODIFYING, OR ENFORCING SUPPORT ORDERS.  THE         18,177       

AGREEMENT SHALL SPECIFY THE MANNER IN WHICH THE INFORMATION IS TO  18,178       

BE PROVIDED AND SHALL REQUIRE THAT THE DIVISION BE AFFORDED        18,179       

ACCESS TO THE FOLLOWING INFORMATION EACH CALENDAR QUARTER          18,180       

CONCERNING ALL OBLIGORS IN DEFAULT UNDER SUPPORT ORDERS BEING      18,181       

ADMINISTERED BY CHILD SUPPORT ENFORCEMENT AGENCIES IN THIS STATE   18,182       

WHO MAINTAIN AN ACCOUNT WITH THE FINANCIAL INSTITUTION:            18,183       

      (1) THE OBLIGOR'S NAME;                                      18,185       

      (2) THE OBLIGOR'S ADDRESS;                                   18,187       

      (3) THE OBLIGOR'S SOCIAL SECURITY NUMBER OR TAXPAYER         18,189       

IDENTIFICATION NUMBER;                                             18,190       

      (4) THE TYPE OF ACCOUNT MAINTAINED BY THE OBLIGOR, SUCH AS   18,192       

A SAVINGS, CHECKING, OR MONEY MARKET MUTUAL FUND ACCOUNT;          18,193       

      (5) WHETHER ANOTHER PERSON HAS AN OWNERSHIP INTEREST IN THE  18,196       

ACCOUNT, INCLUDING A LIST OF ALL PERSONS HAVING AN OWNERSHIP                    

INTEREST IN THE ACCOUNT AS REFLECTED ON THE SIGNATURE CARD OR      18,197       

SIMILAR DOCUMENT ON FILE WITH THE FINANCIAL INSTITUTION;           18,198       

      (6) ANY OTHER INFORMATION AGREED TO BY THE PARTIES.          18,200       

      (C)  A FINANCIAL INSTITUTION THAT RESPONDS TO A REQUEST OR   18,203       

                                                          438    

                                                                 
PROVIDES INFORMATION TO THE DIVISION PURSUANT TO AN AGREEMENT      18,205       

ENTERED INTO UNDER THIS SECTION SHALL BE REIMBURSED FOR THE                     

ACTUAL, REASONABLE COSTS INCURRED IN RESPONDING TO THE REQUEST OR  18,207       

PROVIDING THE INFORMATION, INCLUDING SALARIES, BENEFITS,           18,208       

EQUIPMENT, COMPUTER SOFTWARE, AND ANY MODIFICATIONS TO PROCESSING  18,209       

OR RECORD-KEEPING SYSTEMS MADE NECESSARY BY THIS SECTION.          18,210       

      (D)  INFORMATION OBTAINED FROM A FINANCIAL INSTITUTION       18,213       

PURSUANT TO AN AGREEMENT ENTERED INTO UNDER DIVISION (B) OF THIS   18,214       

SECTION IS NOT A PUBLIC RECORD FOR THE PURPOSES OF SECTION 149.43  18,216       

OF THE REVISED CODE.  NO PERSON OR GOVERNMENT ENTITY THAT OBTAINS  18,218       

INFORMATION CONCERNING AN ACCOUNT HOLDER FROM A FINANCIAL          18,219       

INSTITUTION PURSUANT TO AN AGREEMENT UNDER DIVISION (B) OF THIS    18,220       

SECTION SHALL DISCLOSE THE INFORMATION FOR PURPOSES OTHER THAN     18,221       

THE ESTABLISHMENT, MODIFICATION, OR ENFORCEMENT OF A SUPPORT       18,222       

ORDER.                                                                          

      (E)  FINANCIAL INSTITUTIONS OR THEIR OFFICERS, DIRECTORS,    18,226       

AND EMPLOYEES SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY  18,227       

FOR DISCLOSING OR RELEASING INFORMATION CONCERNING AN ACCOUNT      18,228       

HOLDER TO THE DIVISION PURSUANT TO AN AGREEMENT ENTERED INTO       18,229       

UNDER DIVISION (B) OF THIS SECTION, OR FOR ANY OTHER ACTION TAKEN  18,231       

IN GOOD FAITH TO COMPLY WITH SUCH AN AGREEMENT, REGARDLESS OF      18,232       

WHETHER SUCH ACTION WAS SPECIFICALLY AUTHORIZED OR DESCRIBED IN    18,233       

THE AGREEMENT.                                                                  

      (F)  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES      18,236       

PURSUANT TO CHAPTER 119. OF THE REVISED CODE THAT DO THE           18,239       

FOLLOWING:                                                                      

      (1)  GOVERN THE PROVISIONS OF AN AGREEMENT REQUIRED          18,241       

PURSUANT TO THIS SECTION AND THE PROCEDURE FOR ENTERING INTO SUCH  18,243       

AN AGREEMENT;                                                                   

      (2)  GOVERN REIMBURSEMENTS UNDER DIVISION (C) OF THIS        18,245       

SECTION.                                                                        

      Sec. 5101.316.  THE DEPARTMENT OF HUMAN SERVICES MAY ENTER   18,247       

INTO AN AGREEMENT WITH A FOREIGN COUNTRY FOR THE ESTABLISHMENT OF  18,248       

AND ENFORCEMENT OF SUPPORT ORDERS ISSUED UNDER THE LAWS OF THAT    18,249       

                                                          439    

                                                                 
COUNTRY IF THAT COUNTRY, AS PART OF THE AGREEMENT, AGREES TO       18,250       

ENFORCE SUPPORT ORDERS ISSUED UNDER THE LAWS OF THIS STATE.  THE   18,251       

DEPARTMENT MUST PROVIDE SERVICES UNDER THE PROGRAM OF SUPPORT      18,252       

ENFORCEMENT ESTABLISHED PURSUANT TO THIS SECTION TO A FOREIGN      18,253       

COUNTRY WITH WHICH THE DEPARTMENT HAS AN AGREEMENT UNDER THIS      18,255       

SECTION AND TO A FOREIGN COUNTRY DECLARED TO BE A FOREIGN                       

RECIPROCATING COUNTRY UNDER SECTION 459A OF THE "SOCIAL SECURITY   18,259       

ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK          18,264       

OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42        18,268       

U.S.C. 659A, THAT REQUESTS THE SERVICES.  THE DEPARTMENT SHALL     18,270       

PROVIDE THE SERVICES WITHOUT IMPOSING AN APPLICATION FEE OR ANY    18,271       

OTHER COST ON THE FOREIGN COUNTRY OR THE OBLIGEE REQUESTING THE    18,272       

SERVICES.  THE DEPARTMENT MAY IMPOSE THE APPLICATION FEE OR OTHER  18,273       

COSTS ON THE OBLIGOR UNDER THE SUPPORT ORDER.  THE DEPARTMENT      18,274       

SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE     18,277       

GOVERNING THE PROCEDURE FOR ENTERING INTO A CONTRACT PURSUANT TO   18,278       

THIS SECTION, THE PROVISIONS OF THE CONTRACT, AND THE PROVISION    18,279       

OF SUPPORT ENFORCEMENT SERVICES, WHICH RULES SHALL BE CONSISTENT   18,280       

WITH SECTIONS 454 AND 459A OF THE "SOCIAL SECURITY ACT," AS        18,284       

AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY       18,289       

RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42 U.S.C. 654 AND     18,293       

659A AND REGULATIONS ADOPTED UNDER THE ACT.                        18,294       

      Sec. 5101.317.  (A)  THE DEPARTMENT OF HUMAN SERVICES SHALL  18,297       

PROVIDE ANNUAL REVIEWS OF AND REPORTS TO THE SECRETARY OF HEALTH   18,298       

AND HUMAN SERVICES CONCERNING PROGRAMS OPERATED UNDER TITLE IV-D   18,300       

OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C.      18,305       

651, AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK           18,307       

OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, PURSUANT  18,308       

TO RULES ADOPTED BY THE DEPARTMENT UNDER DIVISION (B) OF THIS      18,309       

SECTION.                                                                        

      (B)  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN   18,312       

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH    18,313       

THE FOLLOWING:                                                                  

      (1)  PROCEDURES FOR ANNUAL REVIEWS OF AND REPORTS TO THE     18,315       

                                                          440    

                                                                 
SECRETARY OF HEALTH AND HUMAN SERVICES ON THE PROGRAMS OPERATED    18,316       

UNDER TITLE IV-D OF THE "SOCIAL SECURITY ACT," AS AMENDED,         18,321       

INCLUDING INFORMATION NECESSARY TO MEASURE COMPLIANCE WITH         18,322       

FEDERAL REQUIREMENTS FOR EXPEDITED PROCEDURES;                                  

      (2)  PROCEDURES FOR TRANSMITTING DATA AND CALCULATIONS       18,324       

REGARDING LEVELS OF ACCOMPLISHMENT AND RATES OF IMPROVEMENT FOR    18,325       

PATERNITY ESTABLISHMENT AND CHILD SUPPORT ENFORCEMENT FROM THE     18,326       

AUTOMATIC DATA PROCESSING SYSTEM REQUIRED UNDER SECTION 5101.322   18,327       

OF THE REVISED CODE TO THE SECRETARY OF HEALTH AND HUMAN           18,330       

SERVICES.                                                                       

      Sec. 5101.318.  THE DEPARTMENT MAY REQUEST THE ASSISTANCE    18,333       

OF OTHER STATES IN ENFORCING SUPPORT ORDERS ISSUED BY THE COURTS   18,334       

AND CHILD SUPPORT ENFORCEMENT AGENCIES OF THIS STATE CONSISTENT    18,335       

WITH SECTION 466(a) OF THE "SOCIAL SECURITY ACT," AS AMENDED BY    18,339       

THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION   18,344       

ACT OF 1996," 110 STAT. 2105, 42 U.S.C. 666(a).  THE DEPARTMENT,   18,348       

WHEN ENFORCING, PURSUANT TO CHAPTERS 2301., 3113., 3115., AND      18,349       

5101. OF THE REVISED CODE, SUPPORT ORDERS ISSUED IN OTHER STATES   18,350       

SHALL USE THE FORMS REQUIRED PURSUANT TO SECTIONS 452(a) AND       18,352       

454(9) OF THE "SOCIAL SECURITY ACT," AS AMENDED BY THE "PERSONAL   18,356       

RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996,"   18,361       

110 STAT. 2105, 42 U.S.C. 652(a) AND 654(9).                       18,364       

      Sec. 5101.319.  (A) AS USED IN THIS SECTION:                 18,367       

      (1)  "CHILD SUPPORT ORDER" HAS THE SAME MEANING AS IN        18,369       

SECTION 2301.373 OF THE REVISED CODE.                              18,370       

      (2)  "SUPPORT ORDER," "OBLIGOR," AND "OBLIGEE" HAVE THE      18,372       

SAME MEANING AS IN SECTION 2301.34 OF THE REVISED CODE.            18,375       

      (B)  THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF      18,378       

HUMAN SERVICES SHALL ESTABLISH AND MAINTAIN A CASE REGISTRY OF     18,379       

ALL SUPPORT ORDERS BEING ADMINISTERED OR OTHERWISE HANDLED BY A    18,380       

CHILD SUPPORT ENFORCEMENT AGENCY. THE REGISTRY SHALL INCLUDE ALL   18,381       

OF THE FOLLOWING INFORMATION:                                                   

      (1)  THE NAME, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE      18,383       

NUMBER, OTHER IDENTIFICATION NUMBER, RESIDENCE TELEPHONE NUMBER,   18,384       

                                                          441    

                                                                 
AND DATE OF BIRTH OF EACH OBLIGOR AND OBLIGEE UNDER A SUPPORT      18,385       

ORDER;                                                             18,386       

      (2)  PAYMENT INFORMATION INCLUDING THE PERIODIC SUPPORT      18,388       

AMOUNT DUE, ARREARAGES, PENALTIES FOR LATE PAYMENT, FEES, AMOUNTS  18,390       

COLLECTED, AND AMOUNTS DISTRIBUTED UNDER A SUPPORT ORDER;          18,391       

      (3)  LIENS IMPOSED ON REAL AND PERSONAL PROPERTY TO RECOVER  18,394       

ARREARAGES UNDER A SUPPORT ORDER;                                               

      (4)  WITH RESPECT TO A CHILD SUPPORT ORDER, THE NAME AND     18,396       

BIRTHDATE OF EACH CHILD SUBJECT TO THE ORDER;                      18,397       

      (5)  INFORMATION OBTAINED PURSUANT TO AN AGREEMENT UNDER     18,399       

SECTION 5101.315 OF THE REVISED CODE;                              18,400       

      (6)  ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT OF     18,402       

HUMAN SERVICES PURSUANT TO RULES ADOPTED UNDER DIVISION (F) OF     18,404       

THIS SECTION.                                                                   

      (C)  THE REGISTRY ESTABLISHED PURSUANT TO THIS SECTION       18,407       

SHALL BE MAINTAINED AS PART OF THE AUTOMATED SYSTEM CREATED        18,408       

PURSUANT TO SECTION 5101.322 OF THE REVISED CODE AND SHALL BE      18,410       

ACCESSED THROUGH THE SYSTEM.  THE DIVISION AND EACH CHILD SUPPORT  18,411       

ENFORCEMENT AGENCY SHALL MONITOR AND UPDATE THE REGISTRY, AND      18,412       

EACH AGENCY SHALL ENTER THE INFORMATION DESCRIBED IN DIVISION (B)  18,414       

OF THIS SECTION IN THE REGISTRY IN ACCORDANCE WITH RULES ADOPTED   18,415       

PURSUANT TO DIVISION (F) OF THIS SECTION.                          18,416       

      (D)  THE DIVISION SHALL MAKE COMPARISONS OF THE INFORMATION  18,419       

IN THE REGISTRY WITH THE INFORMATION MAINTAINED BY THE DEPARTMENT  18,420       

OF HUMAN SERVICES PURSUANT TO SECTIONS 5101.312 AND 5101.314 OF    18,421       

THE REVISED CODE.  THE DIVISION SHALL MAKE THE COMPARISONS IN THE  18,423       

MANNER AND IN THE TIME INTERVALS REQUIRED BY THE RULES ADOPTED     18,424       

PURSUANT TO DIVISION (F) OF THIS SECTION.  THE DIVISION SHALL      18,426       

MAKE REPORTS OF INFORMATION IN THE REGISTRY TO OTHER ENTITIES OF   18,427       

THE STATE, THE FEDERAL GOVERNMENT, AND OTHER STATES AS REQUIRED    18,428       

BY THE RULES ADOPTED PURSUANT TO DIVISION (F) OF THIS SECTION.     18,429       

      (E)(1)  EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL ENTER    18,432       

INFORMATION INTO THE CASE REGISTRY AND MAINTAIN AND UPDATE THAT    18,433       

INFORMATION CONSISTENT WITH SECTIONS 454 AND 454A OF THE "SOCIAL   18,435       

                                                          442    

                                                                 
SECURITY ACT" AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK  18,440       

OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42        18,445       

U.S.C. 654 AND 654A AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE  18,447       

ACT.                                                                            

      (2)  THE DIVISION AND EACH CHILD SUPPORT ENFORCEMENT AGENCY  18,450       

SHALL MONITOR THE REGISTRY CONSISTENT WITH SECTIONS 454 AND 454A   18,452       

OF THE "SOCIAL SECURITY ACT" AS AMENDED BY THE "PERSONAL           18,457       

RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996,"   18,461       

AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE ACT.                 18,463       

      (3)  THE DIVISION SHALL MAKE COMPARISONS OF INFORMATION IN   18,466       

THE CASE REGISTRY WITH INFORMATION MAINTAINED BY THE DEPARTMENT    18,467       

PURSUANT TO SECTIONS 5101.312 AND 5101.314 OF THE REVISED CODE     18,469       

AND PROVIDE INFORMATION IN THE CASE REGISTRY TO OTHER ENTITIES OF  18,470       

THE STATE, THE FEDERAL GOVERNMENT, AND OTHER STATES CONSISTENT     18,471       

WITH SECTIONS 453A(f), 454(16) AND (28), 454A(f), AND              18,475       

466(a)(5)(M) OF THE "SOCIAL SECURITY ACT" AS AMENDED BY THE        18,479       

"PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT   18,484       

OF 1996," 42 U.S.C. 653A(f), 654(16) AND (28), 654A(f), AND        18,490       

666(a)(5)(M) AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE ACT.    18,491       

      (F)  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN   18,494       

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT DO BOTH OF   18,497       

THE FOLLOWING:                                                     18,498       

      (1)  ESTABLISH PROCEDURES GOVERNING ACTIONS REQUIRED BY      18,500       

DIVISION (E) OF THIS SECTION;                                      18,501       

      (2)  DESIGNATE ANY ADDITIONAL INFORMATION THAT MUST BE       18,503       

PLACED IN THE CASE REGISTRY CONSISTENT WITH SECTION 454A(e)(3) OF  18,505       

THE "SOCIAL SECURITY ACT" AS AMENDED BY THE "PERSONAL              18,510       

RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996,"   18,514       

42 U.S.C. 654A(e)(3) AND ANY FEDERAL REGULATIONS ADOPTED UNDER     18,518       

THE ACT.                                                                        

      Sec. 5101.322.  If the (A)  THE department of human          18,528       

services develops SHALL ESTABLISH AND MAINTAIN a statewide,        18,529       

automated DATA PROCESSING system that is authorized under IN       18,530       

COMPLIANCE WITH Title IV-D of the "Social Security Act," 88 Stat.  18,531       

                                                          443    

                                                                 
2351 (1975), 42 U.S.C. 651, as amended BY THE "PERSONAL            18,533       

RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996,"   18,534       

110 STAT. 2105, to support the enforcement of child support and    18,537       

if the automated system is operational, the automated system THAT  18,538       

shall be implemented in every county.  When the automated system   18,540       

becomes operational, every EVERY county shall accept the                        

automated system and, in accordance with the written instructions  18,541       

of the department for the implementation of the automated system,  18,542       

shall convert to the automated system all records that are         18,543       

maintained by any county entity and that are related to any case   18,544       

for which a local agency is enforcing a child support order in     18,545       

accordance with Title IV-D of the "Social Security Act," 88 Stat.  18,546       

2351 (1975), 42 U.S.C. 651, as amended BY THE "PERSONAL            18,548       

RESPONSIBILITY AND WORK RECONCILIATION ACT OF 1996," 110 STAT.     18,549       

2105.                                                                           

      (B)  THE DEPARTMENT SHALL ADOPT RULES PURSUANT TO CHAPTER    18,552       

119. OF THE REVISED CODE CONCERNING ACCESS TO, AND USE OF, DATA    18,555       

MAINTAINED IN THE AUTOMATED SYSTEM THAT DO THE FOLLOWING:                       

      (1)  PERMIT ACCESS TO AND USE OF DATA ONLY TO THE EXTENT     18,557       

NECESSARY TO CARRY OUT PROGRAMS UNDER TITLE IV-D OF THE "SOCIAL    18,562       

SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651, AS AMENDED BY  18,565       

THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION   18,566       

ACT OF 1996," 110 STAT. 2105, AND SPECIFY THE DATA THAT MAY BE     18,567       

USED FOR PARTICULAR PROGRAM PURPOSES, AND THE PERSONNEL PERMITTED  18,568       

ACCESS TO THE DATA;                                                18,569       

      (2)  REQUIRE MONITORING OF ACCESS TO AND USE OF THE          18,571       

AUTOMATED SYSTEM TO PREVENT AND PROMPTLY IDENTIFY UNAUTHORIZED     18,572       

USE;                                                               18,573       

      (3)  ESTABLISH PROCEDURES TO ENSURE THAT ALL PERSONNEL WHO   18,575       

MAY HAVE ACCESS TO OR BE REQUIRED TO USE DATA ARE INFORMED OF      18,576       

APPLICABLE REQUIREMENTS AND PENALTIES AND HAVE BEEN TRAINED IN     18,577       

SECURITY PROCEDURES;                                               18,578       

      (4)  ESTABLISH ADMINISTRATIVE PENALTIES, UP TO AND           18,580       

INCLUDING DISMISSAL FROM EMPLOYMENT, FOR UNAUTHORIZED ACCESS TO,   18,581       

                                                          444    

                                                                 
OR DISCLOSURE OR USE OF, DATA.                                     18,582       

      Sec. 5101.323.  (A)(1)  The division of child support in     18,594       

the department of human services shall establish a program to      18,595       

increase child support collections by publishing and distributing  18,596       

a series of posters displaying child support obligors who are      18,597       

delinquent in their support payments.  Each poster shall display   18,598       

photographs of, and information about, ten obligors who are        18,599       

liable for support arrearages and whose whereabouts are unknown    18,600       

to child support enforcement agencies.  Each poster shall list a   18,601       

toll-free telephone number for the division of child support that  18,602       

may be called to report information regarding the whereabouts of   18,603       

any of the obligors displayed on a poster.  The division may       18,604       

include any other information on the poster that it considers      18,605       

appropriate.                                                       18,606       

      (2)  Any child support enforcement agency that chooses to    18,608       

participate in the poster program established under division       18,609       

(A)(1) of this section may submit names of obligors that meet the  18,610       

criteria in division (B) of this section to the division.  The     18,611       

division shall select obligors to be displayed on a poster from    18,612       

the names submitted by the agencies.                               18,613       

      (3)  The division shall send notice to each obligor whose    18,615       

name was submitted to be displayed on the poster.  The notice      18,616       

shall be sent by regular mail to the obligor's last known address  18,617       

and shall state that the obligor may avoid being included on the   18,618       

poster by doing all of the following within ninety days after      18,619       

receipt of the notice:                                             18,620       

      (a)  Make a payment to the DIVISION OF child support OR,     18,623       

PURSUANT TO DIVISION (H)(4) OF SECTION 2301.35 OF THE REVISED                   

CODE, THE CHILD SUPPORT enforcement agency that is at least equal  18,625       

to the amount of support the obligor is required to pay each       18,626       

month under the support order;                                                  

      (b)  Provide the CHILD SUPPORT ENFORCEMENT agency with the   18,628       

obligor's current address;                                         18,629       

      (c)  Provide the agency with evidence from each of the       18,631       

                                                          445    

                                                                 
obligor's current employers of the obligor's current wages,        18,632       

salary, and other compensation;                                    18,633       

      (d)  Provide the agency with evidence that the obligor has   18,635       

arranged for withholding from the obligor's wages, salary, or      18,636       

other compensation to pay support and for payment of arrearages.   18,637       

      (4)  The child support enforcement agency shall determine    18,639       

whether any obligor whose name was submitted to be displayed on a  18,640       

poster has met all the conditions of division (A)(3) of this       18,641       

section.  If it determines that an obligor has done so, it shall   18,642       

give the division notice of its determination.  On receipt of the  18,643       

notice from the agency, the division shall remove the obligor      18,644       

from the list of obligors submitted by that agency before making   18,645       

the final selection of obligors for the poster.                    18,646       

      (5)  The division shall publish and distribute the first     18,648       

set of posters throughout the state not later than October 1,      18,649       

1992.  The division shall publish and distribute subsequent sets   18,650       

of posters not less than twice annually.                           18,651       

      (B)  A child support enforcement agency may submit the name  18,653       

of a delinquent obligor to the division for inclusion on a poster  18,654       

only if all of the following apply:                                18,655       

      (1)  The obligor is subject to a support order and there     18,657       

has been an attempt to enforce the order through a public notice,  18,658       

a wage withholding order, a lien on property, a financial          18,659       

institution deduction order, or other court-ordered procedures.    18,660       

      (2)  The department of human services reviewed the           18,662       

obligor's records and confirms the child support enforcement       18,663       

agency's finding that the obligor's name and photograph may be     18,664       

submitted to be displayed on a poster.                             18,665       

      (3)  The agency does not know or is unable to verify the     18,667       

obligor's whereabouts.                                             18,668       

      (4)  The obligor is not a participant in Ohio works first    18,670       

or the prevention, retention, and contingency program or a         18,671       

recipient of disability assistance, supplemental security income,  18,672       

or food stamps.                                                    18,673       

                                                          446    

                                                                 
      (5)  The child support enforcement agency does not have      18,675       

evidence that the obligor has filed for protection under the       18,676       

federal Bankruptcy Code, 11 U.S.C.A. 101, as amended.              18,677       

      (6)  The obligee gave written authorization to the agency    18,679       

to display the obligor on a poster.                                18,680       

      (7)  A legal representative of the agency and a child        18,682       

support enforcement administrator reviewed the case.               18,683       

      (8)  The agency is able to submit to the department a        18,685       

description and photograph of the obligor, a statement of the      18,686       

possible locations of the obligor, and any other information       18,687       

required by the department.                                        18,688       

      (C)  When the agency submits the name of an obligor to the   18,690       

division, it also shall submit the photograph and information      18,691       

described in division (B)(8) of this section.  It shall not        18,692       

submit to the division the address of the obligee or any other     18,693       

personal information about the obligee.                            18,694       

      (D)  In accordance with Chapter 119. of the Revised Code,    18,696       

the division shall adopt rules for the operation of the poster     18,697       

program under this section.  The rules shall specify the           18,698       

following:                                                         18,699       

      (1)  Criteria and procedures for the division to use in      18,701       

reviewing the names of obligors submitted by child support         18,702       

enforcement agencies to be displayed on a poster and selecting     18,703       

the delinquent obligors to be included on a poster;                18,704       

      (2)  Procedures for providing the notice specified in        18,706       

division (A)(3) of this section;                                   18,707       

      (3)  Any other procedures necessary for the operation of     18,709       

the poster program.                                                18,710       

      (E)  The division shall use funds appropriated by the        18,712       

general assembly for child support administration to conduct the   18,713       

poster program under this section.                                 18,714       

      Sec. 5101.324.  (A)  The department of human services, in    18,724       

accordance with Chapter 119. of the Revised Code, shall adopt      18,725       

rules governing a child support enforcement agency in              18,726       

                                                          447    

                                                                 
establishing a paternity compliance unit and in adopting a         18,727       

paternity compliance plan pursuant to section 2301.357 of the      18,728       

Revised Code.  The rules shall include, but shall not be limited   18,729       

to, provisions for the following:                                  18,730       

      (1)  The procedure an agency shall follow to adopt and       18,732       

submit a paternity plan to the department of human services;       18,733       

      (2)  The information an agency shall include in its adopted  18,735       

paternity compliance plan, including, but not limited to, the      18,736       

manner in which the agency will service Title IV-D cases in        18,737       

accordance with federally mandated timeframes and the manner in    18,738       

which the agency intends to service more cases in order to meet    18,739       

the federal requirements;                                          18,740       

      (3)  A requirement that all plans adopted by an agency       18,742       

include establishing a paternity compliance unit;                  18,743       

      (4)  Any other procedures or requirements the department     18,745       

decides are necessary to adopt a paternity compliance plan and to  18,746       

establish a paternity compliance unit.                             18,747       

      (B)  The department of human services shall report annually  18,749       

to the speaker of the house of representatives and the president   18,750       

of the senate regarding the paternity compliance plans and         18,751       

paternity compliance units and the progress the county agencies    18,752       

have made toward meeting the federal requirements for quickly and  18,753       

efficiently establishing parent and child relationships due to     18,754       

the paternity compliance plans and units.  The report shall        18,755       

include statistics on how long a case takes to establish           18,756       

paternity and the result of each request for a determination of    18,757       

the existence or nonexistence of paternity.                        18,758       

      (C)  The department of human services shall prepare          18,760       

pamphlets that discuss the benefit of establishing a parent and    18,761       

child relationship, the proper procedure for establishing a        18,762       

parent and child relationship between a father and his child, and  18,763       

a toll-free telephone number that interested persons may call for  18,764       

more information regarding the procedures for establishing a       18,765       

parent and child relationship.  The department shall make          18,766       

                                                          448    

                                                                 
available the pamphlets AND AFFIDAVITS AND STATEMENTS DESCRIBED    18,767       

IN DIVISION (D) OF THIS SECTION to the department of health, TO    18,768       

EACH HOSPITAL IT HAS A CONTRACT WITH PURSUANT TO SECTION 3727.17   18,769       

OF THE REVISED CODE, and to any individual who requests a          18,770       

pamphlet.                                                                       

      (D)(1)  The department of human services shall prepare an    18,772       

acknowledgment of paternity statement AFFIDAVIT that includes in   18,773       

boldface type at the top of the statement AFFIDAVIT the rights     18,774       

and responsibilities of and the due process safeguards afforded    18,776       

to a person who acknowledges that he is the natural father of a    18,777       

child, including that if an alleged father acknowledges a parent   18,778       

and child relationship he assumes the parental duty of support,    18,779       

that both signators waive any right to a jury trial BRING AN       18,780       

ACTION PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE REVISED      18,781       

CODE OR MAKE A REQUEST PURSUANT TO SECTION 3111.22 OF THE REVISED  18,782       

CODE, OTHER THAN FOR PURPOSES OF RESCINDING THE ACKNOWLEDGMENT                  

PURSUANT TO DIVISION (B) OF SECTION 5101.314 OF THE REVISED CODE   18,783       

in order to ensure expediency in resolving the question of the     18,785       

existence of a parent and child relationship, THAT EITHER PARENT   18,786       

MAY RESCIND THE ACKNOWLEDGMENT PURSUANT TO DIVISION (B) OF                      

SECTION 5101.314 OF THE REVISED CODE, and that the natural father  18,787       

has the right to petition a court pursuant to section 3109.12 of   18,788       

the Revised Code for an order granting him reasonable visitation   18,789       

with respect to the child and to petition the court for custody    18,790       

of the child pursuant to section 2151.23 of the Revised Code.      18,791       

The statement AFFIDAVIT shall include basic ALL OF THE FOLLOWING:  18,793       

      (a)  BASIC instructions for completing the form, including   18,796       

instructions that both the natural father and the mother or other  18,797       

legal guardian or custodian of the child are required to sign the  18,798       

statement before two competent and disinterested witnesses who     18,799       

are eighteen years of age or older. The statement shall include    18,800       

signature, THAT THEY MAY SIGN THE STATEMENT WITHOUT BEING IN EACH  18,801       

OTHER'S PRESENCE, AND THAT THE SIGNATURES MUST BE NOTARIZED.       18,803       

      (b)  BLANK SPACES TO ENTER THE FULL NAME, SOCIAL SECURITY    18,806       

                                                          449    

                                                                 
NUMBER, DATE OF BIRTH AND ADDRESS OF EACH PARENT;                  18,807       

      (c)  BLANK SPACES TO ENTER THE FULL NAME, DATE OF BIRTH,     18,810       

AND THE RESIDENCE OF THE CHILD;                                                 

      (d)  A BLANK SPACE TO ENTER THE NAME OF THE HOSPITAL OR      18,813       

DEPARTMENT OF HEALTH CODE NUMBER ASSIGNED TO THE HOSPITAL, FOR     18,814       

USE IN SITUATIONS IN WHICH THE HOSPITAL FILLS OUT THE FORM         18,815       

PURSUANT TO SECTION 3727.17 OF THE REVISED CODE;                   18,817       

      (e)  AN AFFIRMATION BY THE MOTHER THAT THE INFORMATION SHE   18,820       

SUPPLIED IS TRUE TO THE BEST OF HER KNOWLEDGE AND BELIEF AND THAT  18,821       

SHE IS THE NATURAL MOTHER OF THE CHILD NAMED ON THE FORM AND       18,822       

ASSUMES THE PARENTAL DUTY OF SUPPORT OF THE CHILD;                 18,823       

      (f)  AN AFFIRMATION BY THE FATHER THAT THE INFORMATION HE    18,826       

SUPPLIED IS TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT HE  18,827       

HAS RECEIVED INFORMATION REGARDING HIS LEGAL RIGHTS AND            18,828       

RESPONSIBILITIES, THAT HE CONSENTS TO THE JURISDICTION OF THE      18,829       

COURTS OF THIS STATE, AND THAT HE IS THE NATURAL FATHER OF THE     18,830       

CHILD NAMED ON THE FORM AND ASSUMES THE PARENTAL DUTY OF SUPPORT   18,831       

OF THE CHILD;                                                                   

      (g)  SIGNATURE lines for the mother or other legal guardian  18,834       

or custodian of the child, AND the natural father, and each        18,835       

witness;                                                                        

      (h)  SIGNATURE LINES FOR THE NOTARY PUBLIC;                  18,837       

      (i)  AN INSTRUCTION TO INCLUDE OR ATTACH ANY OTHER EVIDENCE  18,840       

NECESSARY TO COMPLETE THE NEW BIRTH RECORD THAT IS REQUIRED BY     18,841       

THE DEPARTMENT BY RULE.                                                         

      (2)  The department of human services shall prepare an       18,843       

agreement to genetic testing statement that includes a statement   18,844       

that the mother and the alleged natural father agree to be bound   18,845       

by the results of genetic testing, that both signators waive any   18,846       

right to a jury trial in order to ensure expediency in resolving   18,848       

the question of the existence of a parent and child relationship,  18,849       

that if the results of the genetic testing show a ninety-five per  18,850       

cent or greater probability that the alleged father is the         18,851       

natural father of the child, the administrative officer of the     18,852       

                                                          450    

                                                                 
child support enforcement agency will issue an administrative      18,853       

order determining the existence of a parent and child              18,854       

relationship, that if the results show a less than ninety-five     18,855       

per cent probability that the alleged father is the natural        18,856       

father of the child but do not exclude him as the father, the      18,857       

administrative officer will issue an administrative order stating  18,858       

that the results are inconclusive as to whether the alleged        18,859       

natural father is the natural father of the child, and, if the     18,860       

results of genetic testing exclude the alleged natural father as   18,861       

the natural father of the child, the agency will issue an order    18,862       

determining the nonexistence of a parent and child relationship,   18,863       

that if the agency determines a parent and child relationship      18,864       

exists between the alleged father and the child, the father        18,865       

assumes the parental duty of support and he may be required to     18,866       

pay child support, and that if a parent and child relationship     18,867       

exists between the alleged father and the child, the father has    18,868       

the right to petition a court pursuant to section 3109.12 of the   18,869       

Revised Code for an order granting him reasonable visitation with  18,870       

respect to the child and to petition the court for custody of the  18,871       

child pursuant to section 2151.23 of the Revised Code.  The        18,872       

statement shall include basic instructions for completing the      18,873       

agreement, including that both the mother and the alleged natural  18,874       

father must sign the agreement before two competent and            18,875       

disinterested witnesses who are eighteen years of age or older.    18,876       

The statement shall include signature lines for the mother, the    18,877       

alleged natural father, and each witness THE DEPARTMENT OF HUMAN   18,880       

SERVICES, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL     18,881       

ADOPT RULES SPECIFYING ADDITIONAL EVIDENCE NECESSARY TO COMPLETE   18,882       

A NEW BIRTH RECORD THAT IS REQUIRED TO BE INCLUDED WITH AN         18,883       

ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT.                                          

      (3)  The department of human services shall make available   18,885       

the statement AFFIDAVIT acknowledging paternity and the agreement  18,887       

to genetic testing to each county child support enforcement        18,888       

agency, the department of health, and any other person or agency   18,889       

                                                          451    

                                                                 
that requests copies.                                              18,890       

      Sec. 5101.325.  (A)(1)  EXCEPT AS PROVIDED IN DIVISION (H)   18,893       

OF SECTION 2301.35 OF THE REVISED CODE, THE DIVISION OF CHILD      18,895       

SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES SHALL BE THE SOLE      18,896       

AGENCY OF THE STATE RESPONSIBLE FOR THE COLLECTION OF ALL SUPPORT  18,897       

PAYMENTS DUE UNDER SUPPORT ORDERS AND THE DISBURSEMENT OF THE      18,899       

PAYMENTS TO OBLIGEES.  THE DIVISION SHALL MAKE COLLECTIONS AND     18,900       

DISBURSEMENTS IN COMPLIANCE WITH RULES ADOPTED PURSUANT TO         18,901       

DIVISION (F) OF THIS SECTION.                                                   

      (2)  IN ORDER TO COMPLY WITH ITS COLLECTION AND              18,903       

DISBURSEMENT RESPONSIBILITIES, THE DIVISION MAY REQUIRE THE        18,904       

DIRECTOR OF EACH CHILD SUPPORT ENFORCEMENT AGENCY TO AUTHORIZE     18,905       

THE DIVISION TO USE THAT DIRECTOR'S FACSIMILE SIGNATURE IF THE     18,906       

DIVISION DETERMINES THE SIGNATURE'S USE IS NECESSARY.  AN AGENCY   18,907       

DIRECTOR SHALL NOT BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY FOR                

ANY DAMAGE OR INJURY TO PERSONS OR PROPERTY THAT RESULT FROM THE   18,908       

USE OF THE FACSIMILE SIGNATURE BY THE STATE.                       18,909       

      (B)(1)  THE DIVISION SHALL COLLECT THE CHARGE IMPOSED ON     18,911       

THE OBLIGOR UNDER THE SUPPORT ORDER PURSUANT TO DIVISION (G)(1)    18,912       

OF SECTION 2301.35 OF THE REVISED CODE.  IF AN OBLIGOR FAILS TO    18,914       

PAY THE REQUIRED AMOUNT WITH EACH CURRENT SUPPORT PAYMENT DUE IN   18,915       

INCREMENTS SPECIFIED UNDER THE SUPPORT ORDER, THE DIVISION SHALL   18,916       

MAINTAIN A SEPARATE ARREARAGE ACCOUNT OF THAT AMOUNT FOR THAT      18,917       

OBLIGOR.  THE DIVISION SHALL NOT DEDUCT THE UNPAID AMOUNT FROM     18,918       

ANY SUPPORT PAYMENT DUE TO THE OBLIGEE IN INCREMENTS SPECIFIED     18,919       

UNDER THE SUPPORT ORDER.  IF AN OBLIGOR PAYS THE REQUIRED AMOUNT,  18,920       

THE DIVISION IS NOT REQUIRED TO APPLY THAT PAYMENT TOWARD ANY      18,921       

ARREARAGES UNDER THE SUPPORT PAYMENT.                              18,922       

      (2)  THE DIVISION, ON RECEIPT OF PROGRAM INCOME FROM A       18,924       

CHILD SUPPORT ENFORCEMENT AGENCY UNDER SECTION 3111.99 OR 3113.99  18,925       

OF THE REVISED CODE, SHALL PLACE IT IN THE PROGRAM INCOME FUND     18,926       

ESTABLISHED PURSUANT TO DIVISION (E) OF THIS SECTION.              18,927       

      (3)  ALL CHARGE AMOUNTS COLLECTED PURSUANT TO DIVISION       18,930       

(B)(1) OF THIS SECTION SHALL BE PLACED IN THE PROGRAM INCOME FUND  18,931       

                                                          452    

                                                                 
ESTABLISHED PURSUANT TO DIVISION (E) OF THIS SECTION.  ON RECEIPT  18,933       

OF THE CHARGES, THE DIVISION SHALL DETERMINE THE CHARGE AMOUNTS    18,934       

COLLECTED FROM OBLIGORS UNDER SUPPORT ORDERS BEING ADMINISTERED    18,935       

BY A CHILD SUPPORT ENFORCEMENT AGENCY IN EACH COUNTY AND SHALL     18,936       

DISTRIBUTE QUARTERLY TO EACH SUCH AGENCY AN AMOUNT EQUAL TO THE    18,937       

CHARGES ATTRIBUTABLE TO THE AGENCY.  NO CHARGE AMOUNTS COLLECTED   18,939       

PURSUANT TO THIS DIVISION SHALL BE USED BY THE DIVISION OR AN      18,940       

AGENCY FOR ANY PURPOSE OTHER THAN THE PROVISION OF FUNDS FOR       18,941       

SUPPORT ENFORCEMENT ACTIVITIES.                                                 

      (C)  THE DIVISION MAY ENTER INTO CONTRACTS WITH PUBLIC       18,944       

ENTITIES OR PRIVATE VENDORS FOR THE COLLECTION OF AMOUNTS DUE      18,945       

UNDER SUPPORT ORDERS OR FOR THE PERFORMANCE OF OTHER               18,946       

ADMINISTRATIVE DUTIES OF THE DIVISION.  THE DIVISION MAY CONTRACT  18,947       

WITH A PUBLIC OR PRIVATE ENTITY FOR THE COLLECTION OF ARREARAGES   18,948       

OWED UNDER ANY CHILD SUPPORT ORDER FOR WHICH A COURT OR A CHILD    18,950       

SUPPORT ENFORCEMENT AGENCY HAS FOUND THE OBLIGOR IN DEFAULT        18,951       

PURSUANT TO A FINAL AND ENFORCEABLE ORDER ISSUED PURSUANT TO       18,952       

DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE.  EACH         18,953       

CONTRACT SHALL COMPLY WITH THE RULES ADOPTED PURSUANT TO DIVISION  18,955       

(F) OF THIS SECTION.                                                            

      (D)  THE DIVISION SHALL MAINTAIN A SEPARATE ACCOUNT FOR THE  18,958       

DEPOSIT OF SUPPORT PAYMENTS IT RECEIVES AS TRUSTEE FOR REMITTANCE  18,959       

TO THE PERSONS ENTITLED TO RECEIVE THE SUPPORT PAYMENTS.  THE      18,960       

DIVISION SHALL DISBURSE EACH SUPPORT PAYMENT RECEIVED BY IT TO     18,962       

THE APPROPRIATE PERSONS PURSUANT TO DIVISION (C) OF SECTION                     

3113.211 OF THE REVISED CODE.  THE DIVISION SHALL COMPLY WITH      18,964       

RULES ADOPTED UNDER DIVISION (F) OF THIS SECTION TO ASSIST IN THE  18,965       

IMPLEMENTATION OF THIS DIVISION.  THE DIVISION SHALL RETAIN AND                 

USE SOLELY FOR SUPPORT ENFORCEMENT ACTIVITIES, ALL INTEREST        18,967       

EARNED ON MONEYS IN ANY ACCOUNT MAINTAINED PURSUANT TO THIS        18,968       

DIVISION.                                                                       

      (E)  THE PROGRAM INCOME FUND IS HEREBY CREATED IN THE STATE  18,970       

TREASURY.  THE FUND SHALL CONSIST OF CHARGE AMOUNTS COLLECTED      18,972       

UNDER DIVISION (B)(1) OF THIS SECTION AND PROGRAM INCOME           18,973       

                                                          453    

                                                                 
COLLECTED UNDER DIVISION (B)(2) OF THIS SECTION, DIVISION (E) OF   18,974       

SECTION 3111.99 OF THE REVISED CODE, AND DIVISION (E) OF SECTION   18,975       

3113.99 OF THE REVISED CODE, AND ANY OTHER PROGRAM INCOME.  THE    18,976       

FUNDS SHALL BE USED BY THE DIVISION OF CHILD SUPPORT AND CHILD     18,977       

SUPPORT ENFORCEMENT AGENCIES FOR PURPOSES OF PROVIDING FUNDS FOR   18,978       

CHILD SUPPORT ENFORCEMENT ACTIVITIES.                              18,979       

      (F)  THE DEPARTMENT OF HUMAN SERVICES, PURSUANT TO CHAPTER   18,982       

119. OF THE REVISED CODE SHALL ADOPT RULES THAT DO ALL OF THE      18,984       

FOLLOWING:                                                                      

      (1)  GOVERN COLLECTION AND DISBURSEMENT OF CHILD SUPPORT     18,986       

AMOUNTS IN COMPLIANCE WITH SECTIONS 454, 454B, AND 466 OF THE      18,989       

"SOCIAL SECURITY ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY  18,993       

AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105,  18,998       

42 U.S.C. 654, 654B, AND 666, AND ANY REGULATIONS ADOPTED UNDER    19,001       

THE ACT;                                                                        

      (2)  GOVERNING THE METHOD OF SENDING PROCESSING CHARGE       19,003       

AMOUNTS TO CHILD SUPPORT ENFORCEMENT AGENCIES;                     19,004       

      (3)  ASSIST IN THE IMPLEMENTATION OF SEPARATE ACCOUNTS FOR   19,006       

SUPPORT PAYMENTS RECEIVED BY THE DIVISION;                         19,007       

      (4)  GOVERN THE PROCESS OF ENTERING INTO AND THE PROVISIONS  19,010       

OF CONTRACTS DESCRIBED IN DIVISION (C) OF THIS SECTION.            19,011       

      Sec. 5101.326.  THE DIVISION OF CHILD SUPPORT IN THE         19,013       

DEPARTMENT OF HUMAN SERVICES MAY ASK THE SECRETARY OF THE          19,014       

TREASURY FOR, AND MAY ENTER INTO A RECIPROCAL AGREEMENT WITH THE   19,015       

SECRETARY TO OBTAIN, ADMINISTRATIVE OFFSETS TO COLLECT PAST DUE    19,016       

CHILD SUPPORT AMOUNTS IN ACCORDANCE WITH THE "DEBT COLLECTION      19,017       

IMPROVEMENT ACT OF 1996," 110 STAT. 1321, 31 U.S.C. 3716(a) AND    19,018       

(h).  THE DIVISION SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER    19,019       

119. OF THE REVISED CODE TO ESTABLISH PROCEDURES NECESSARY TO      19,020       

RECEIVE THE ADMINISTRATIVE OFFSETS.                                             

      Sec. 5101.327.  (A)  AS USED IN THIS SECTION, "SUPPORT       19,022       

ORDER" HAS THE SAME MEANING AS IN SECTION 2301.34 OF THE REVISED   19,024       

CODE.  THE REQUIREMENTS OF THIS SECTION ARE EFFECTIVE ON THE       19,026       

EARLIER OF THE DATE THAT ALL SUPPORT ORDERS HAVE BEEN CONVERTED    19,027       

                                                          454    

                                                                 
TO THE AUTOMATED DATA PROCESSING SYSTEM UNDER SECTION 5101.322 OF  19,028       

THE REVISED CODE AND THE DIVISION OF CHILD SUPPORT IN THE          19,029       

DEPARTMENT OF HUMAN SERVICES AUTHORIZES CENTRALIZED COLLECTION     19,030       

AND DISBURSEMENT OF SUPPORT AMOUNTS UNDER THE SUPPORT ORDER        19,032       

PURSUANT TO THE RULES ADOPTED UNDER DIVISION (F)(1) OF SECTION     19,033       

5101.325 OF THE REVISED CODE OR JULY 1, 1999.                      19,035       

      (B)  THE DIRECTOR OF COMMERCE SHALL PROVIDE THE DIVISION NO  19,038       

LATER THAN THE FIRST DAY OF MARCH OF EACH YEAR, THE NAME,          19,040       

ADDRESS, SOCIAL SECURITY NUMBER, IF THE SOCIAL SECURITY NUMBER IS  19,041       

AVAILABLE, AND ANY OTHER IDENTIFYING INFORMATION FOR ANY           19,042       

INDIVIDUAL INCLUDED IN A REQUEST SENT BY THE DIVISION PURSUANT TO  19,043       

DIVISION (C) OF THIS SECTION WHO HAS UNCLAIMED FUNDS DELIVERED OR  19,045       

REPORTED TO THE STATE UNDER CHAPTER 169. OF THE REVISED CODE.      19,046       

      (C)  THE DIVISION SHALL, NO LATER THAN THE FIRST DAY OF      19,049       

FEBRUARY OF EACH YEAR, SEND TO THE DIRECTOR OF COMMERCE A REQUEST  19,050       

CONTAINING THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OF ALL    19,051       

OBLIGORS IN DEFAULT UNDER A SUPPORT ORDER BEING ADMINISTERED BY A  19,052       

CHILD SUPPORT ENFORCEMENT AGENCY OF THIS STATE AND REQUESTS THAT   19,053       

THE DIRECTOR PROVIDE INFORMATION TO THE DIVISION AS REQUIRED IN    19,054       

DIVISION (B) OF THIS SECTION.  IF THE INFORMATION THE DIRECTOR     19,056       

PROVIDES IDENTIFIES OR RESULTS IN IDENTIFYING UNCLAIMED FUNDS      19,057       

HELD BY THE STATE FOR AN OBLIGOR IN DEFAULT, THE DIVISION SHALL    19,058       

FILE A CLAIM UNDER SECTION 169.08 OF THE REVISED CODE TO RECOVER                

THE UNCLAIMED FUNDS.  IF THE DIRECTOR ALLOWS THE CLAIM, THE        19,059       

DIRECTOR SHALL PAY THE CLAIM DIRECTLY TO THE DIVISION.  THE        19,060       

DIRECTOR SHALL NOT DISALLOW A CLAIM MADE BY THE DIVISION BECAUSE   19,061       

THE DIVISION IS NOT THE OWNER OF THE UNCLAIMED FUNDS ACCORDING TO  19,062       

THE REPORT MADE PURSUANT TO SECTION 169.03 OF THE REVISED CODE.    19,063       

      (D)  THE DEPARTMENT OF HUMAN SERVICES, IN CONSULTATION WITH  19,065       

THE DEPARTMENT OF COMMERCE, MAY ADOPT RULES IN ACCORDANCE WITH     19,066       

CHAPTER 119. OF THE REVISED CODE TO AID IN IMPLEMENTATION OF THIS  19,067       

SECTION.                                                                        

      Sec. 5101.37.  (A)  The department of human services and     19,076       

each county department of human services and child support         19,077       

                                                          455    

                                                                 
enforcement agency may make any investigations that are necessary  19,079       

in the performance of their duties, and to that end they shall     19,080       

have the same power as a judge of a county court to administer     19,081       

oaths and to enforce the attendance and testimony of witnesses     19,082       

and the production of books or papers.                                          

      The department and each county department and agency shall   19,086       

keep a record of their investigations stating the time, place,     19,087       

charges or subject, witnesses summoned and examined, and their     19,088       

conclusions.                                                                    

      In matters involving the conduct of an officer, a            19,090       

stenographic report of the evidence shall be taken and a copy of   19,091       

the report, with all documents introduced, kept on file at the     19,092       

office of the department, county department, or agency.            19,094       

      The fees of witnesses for attendance and travel shall be     19,096       

the same as in the court of common pleas, but no officer or        19,097       

employee of the institution under investigation is entitled to     19,098       

such fees.                                                         19,099       

      (B)  In conducting hearings pursuant to sections 3113.21 to  19,101       

3113.217 3113.216 or pursuant to division (B) of section 5101.35   19,103       

of the Revised Code, the department and each child support         19,104       

enforcement agency have the same power as a judge of a county      19,105       

court to administer oaths and to enforce the attendance and        19,106       

testimony of witnesses and the production of books or papers.      19,107       

The department and each agency shall keep a record of those        19,108       

hearings stating the time, place, charges or subject, witnesses    19,109       

summoned and examined, and their conclusions.                      19,110       

      The issuance of a subpoena by the department or a child      19,112       

support enforcement agency to enforce attendance and testimony of  19,113       

witnesses and the production of books or papers at a hearing is    19,114       

discretionary and the department or agency is not required to pay  19,115       

the fees of witnesses for attendance and travel.                   19,116       

      (C)  Any judge of any division of the court of common        19,119       

pleas, upon application of the department or a county department                

or child support enforcement agency, may compel the attendance of  19,120       

                                                          456    

                                                                 
witnesses, the production of books or papers, and the giving of    19,121       

testimony before the department, county department, or agency, by  19,123       

a judgment for contempt or otherwise, in the same manner as in     19,124       

cases before those courts.                                         19,125       

      Sec. 5101.99.  (A)  Whoever violates division (A) or (B) of  19,134       

section 5101.61 of the Revised Code shall be fined not more than   19,135       

five hundred dollars.                                                           

      (B)  Whoever violates division (F) of section 5101.31 OR     19,137       

DIVISION (D) OF SECTION 5101.315 of the Revised Code shall be      19,139       

fined not more than five hundred dollars, or imprisoned not more   19,140       

than six months, or both.                                                       

      (C)  Whoever violates division (A) of section 5101.27 of     19,143       

the Revised Code is guilty of a misdemeanor of the first degree.                

      Sec. 5104.01.  As used in this chapter:                      19,152       

      (A)  "Administrator" means the person responsible for the    19,154       

daily operation of a center or type A home.  The administrator     19,155       

and the owner may be the same person.                              19,156       

      (B)  "Approved child day camp" means a child day camp        19,158       

approved pursuant to section 5104.22 of the Revised Code.          19,159       

      (C)  "Authorized provider" means a person authorized by a    19,161       

county director of human services to operate a certified type B    19,162       

family day-care home.                                              19,163       

      (D)  "Caretaker parent" means the father or mother of a      19,165       

child whose presence in the home is needed as the caretaker of     19,166       

the child, a person who has legal custody of a child and whose     19,167       

presence in the home is needed as the caretaker of the child, a    19,168       

guardian of a child whose presence in the home is needed as the    19,169       

caretaker of the child, and any other person who stands in loco    19,170       

parentis with respect to the child and whose presence in the home  19,171       

is needed as the caretaker of the child.                           19,172       

      (E)  "Certified type B family day-care home" and "certified  19,175       

type B home" mean a type B family day-care home that is certified  19,176       

by the director of the county department of human services                      

pursuant to section 5104.11 of the Revised Code to receive public  19,177       

                                                          457    

                                                                 
funds for providing child day-care pursuant to this chapter and    19,178       

any rules adopted under it.                                        19,179       

      (F)  "Chartered nonpublic school" means a school that meets  19,182       

standards for nonpublic schools prescribed by the state board of   19,183       

education for nonpublic schools pursuant to section 3301.07 of     19,184       

the Revised Code.                                                               

      (G)  "Child" includes an infant, toddler, preschool child,   19,186       

or school child.                                                   19,187       

      (H)  "Child care block grant act" means the "Child Care and  19,190       

Development Block Grant Act of 1990," established in section 5082  19,191       

of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.      19,193       

1388-236 (1990), 42 9858, as amended.                                           

      (I)  "Child day camp" means a program in which only school   19,195       

children attend or participate, that operates for no more than     19,196       

seven hours per day, that operates only during one or more public  19,197       

school district's regular vacation periods or for no more than     19,198       

fifteen weeks during the summer, and that operates outdoor         19,199       

activities for each child who attends or participates in the       19,200       

program for a minimum of fifty per cent of each day that children  19,201       

attend or participate in the program, except for any day when      19,202       

hazardous weather conditions prevent the program from operating    19,203       

outdoor activities for a minimum of fifty per cent of that day.    19,204       

For purposes of this division, the maximum seven hours of          19,205       

operation time does not include transportation time from a         19,206       

child's home to a child day camp and from a child day camp to a    19,207       

child's home.                                                      19,208       

      (J)  "Child day-care" means administering to the needs of    19,210       

infants, toddlers, preschool children, and school children         19,212       

outside of school hours by persons other than their parents or                  

guardians, custodians, or relatives by blood, marriage, or         19,213       

adoption for any part of the twenty-four-hour day in a place or    19,214       

residence other than a child's own home.                           19,215       

      (K)  "Child day-care center" and "center" mean any place in  19,218       

which child day-care or publicly funded child day-care is                       

                                                          458    

                                                                 
provided for thirteen or more children at one time or any place    19,219       

that is not the permanent residence of the licensee or             19,220       

administrator in which child day-care or publicly funded child     19,221       

day-care is provided for seven to twelve children at one time.     19,222       

In counting children for the purposes of this division, any        19,223       

children under six years of age who are related to a licensee,     19,224       

administrator, or employee and who are on the premises of the      19,225       

center shall be counted.  "Child day-care center" and "center" do  19,226       

not include any of the following:                                  19,227       

      (1)  A place located in and operated by a hospital, as       19,229       

defined in section 3727.01 of the Revised Code, in which the       19,230       

needs of children are administered to, if all the children whose   19,231       

needs are being administered to are monitored under the on-site    19,232       

supervision of a physician licensed under Chapter 4731. of the     19,233       

Revised Code or a registered nurse licensed under Chapter 4723.    19,234       

of the Revised Code, and the services are provided only for        19,235       

children who, in the opinion of the child's parent, guardian, or   19,236       

custodian, are exhibiting symptoms of a communicable disease or    19,237       

other illness or are injured;                                      19,238       

      (2)  A child day camp;                                       19,240       

      (3)  A place that provides child day-care, but not publicly  19,243       

funded child day-care, if all of the following apply:              19,244       

      (a)  An organized religious body provides the child          19,247       

day-care;                                                                       

      (b)  A parent, custodian, or guardian of at least one child  19,250       

receiving child day-care is on the premises and readily            19,251       

accessible at all times;                                                        

      (c)  The child day-care is not provided for more than        19,253       

thirty days a year;                                                19,254       

      (d)  The child day-care is provided only for preschool and   19,256       

school children.                                                   19,257       

      (L)  "Child day-care resource and referral service           19,259       

organization" means a community-based nonprofit organization that  19,260       

provides child day-care resource and referral services but not     19,261       

                                                          459    

                                                                 
child day-care.                                                                 

      (M)  "Child day-care resource and referral services" means   19,263       

all of the following services:                                     19,264       

      (1)  Maintenance of a uniform data base of all child         19,266       

day-care providers in the community that are in compliance with    19,267       

this chapter, including current occupancy and vacancy data;        19,268       

      (2)  Provision of individualized consumer education to       19,270       

families seeking child day-care;                                   19,271       

      (3)  Provision of timely referrals of available child        19,273       

day-care providers to families seeking child day-care;             19,274       

      (4)  Recruitment of child day-care providers;                19,276       

      (5)  Assistance in the development, conduct, and             19,278       

dissemination of training for child day-care providers and         19,280       

provision of technical assistance to current and potential child   19,281       

day-care providers, employers, and the community;                               

      (6)  Collection and analysis of data on the supply of and    19,283       

demand for child day-care in the community;                        19,284       

      (7)  Technical assistance concerning locally, state, and     19,286       

federally funded child day-care and early childhood education      19,287       

programs;                                                                       

      (8)  Stimulation of employer involvement in making child     19,289       

day-care more affordable, more available, safer, and of higher     19,290       

quality for their employees and for the community;                 19,291       

      (9)  Provision of written educational materials to           19,293       

caretaker parents and informational resources to child day-care    19,294       

providers;                                                         19,295       

      (10)  Coordination of services among child day-care          19,297       

resource and referral service organizations to assist in           19,298       

developing and maintaining a statewide system of child day-care    19,299       

resource and referral services if required by the department of    19,300       

human services;                                                                 

      (11)  Cooperation with the county department of human        19,302       

services in encouraging the establishment of parent cooperative    19,303       

child day-care centers and parent cooperative type A family        19,305       

                                                          460    

                                                                 
day-care homes.                                                                 

      (N)  "Child-care staff member" means an employee of a child  19,308       

day-care center or type A family day-care home who is primarily    19,309       

responsible for the care and supervision of children.  The         19,310       

administrator may be a part-time child-care staff member when not  19,311       

involved in other duties.                                                       

      (O)  "Drop-in child day-care center," "drop-in center,"      19,313       

"drop-in type A family day-care home," and "drop-in type A home"   19,315       

mean a center or type A home that provides child day-care or                    

publicly funded child day-care for children on a temporary,        19,316       

irregular basis.                                                   19,317       

      (P)  "Employee" means a person who either:                   19,319       

      (1)  Receives compensation for duties performed in a child   19,321       

day-care center or type A family day-care home;                    19,322       

      (2)  Is assigned specific working hours or duties in a       19,324       

child day-care center or type A family day-care home.              19,325       

      (Q)  "Employer" means a person, firm, institution,           19,327       

organization, or agency that operates a child day-care center or   19,328       

type A family day-care home subject to licensure under this        19,329       

chapter.                                                                        

      (R)  "Federal poverty line" means the official poverty       19,331       

guideline as revised annually in accordance with section 673(2)    19,332       

of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511,  19,334       

42 9902, as amended, for a family size equal to the size of the    19,335       

family of the person whose income is being determined.             19,336       

      (S)  "Head start program" means a comprehensive child        19,338       

development program that receives funds distributed under the      19,339       

"Head Start Act," 95 Stat. 499 (1981), 42 9831, as amended, or     19,341       

under section 3301.31 of the Revised Code.                                      

      (T)  "Income" means gross income, as defined in section      19,343       

5107.03 5107.10 of the Revised Code, less any amounts required by  19,345       

federal statutes or regulations to be disregarded.                 19,347       

      (U)  "Indicator checklist" means an inspection tool, used    19,349       

in (U)  "Indicator checklist" means an inspection tool, used in    19,350       

                                                          461    

                                                                 
conjunction with an instrument-based program monitoring            19,351       

information system, that contains selected licensing requirements  19,352       

that are statistically reliable indicators or predictors of a      19,353       

child day-care center or type A family day-care home's compliance  19,354       

with licensing requirements.                                                    

      (V)  "Infant" means a child who is less than eighteen        19,357       

months of age.                                                                  

      (W)  "In-home aide" means a person certified by a county     19,359       

director of human services pursuant to section 5104.12 of the      19,360       

Revised Code to provide publicly funded child day-care to a child  19,361       

in a child's own home pursuant to this chapter and any rules       19,362       

adopted under it.                                                  19,363       

      (X)  "Instrument-based program monitoring information        19,365       

system" means a method to assess compliance with licensing         19,366       

requirements for child day-care centers and type A family          19,367       

day-care homes in which each licensing requirement is assigned a   19,368       

weight indicative of the relative importance of the requirement    19,369       

to the health, growth, and safety of the children that is used to  19,370       

develop an indicator checklist.                                                 

      (Y)  "License capacity" means the maximum number in each     19,372       

age category of children who may be cared for in a child day-care  19,373       

center or type A family day-care home at one time as determined    19,374       

by the director of human services considering building occupancy   19,375       

limits established by the department of commerce, number of        19,376       

available child-care staff members, amount of available indoor     19,377       

floor space and outdoor play space, and amount of available play   19,378       

equipment, materials, and supplies.                                             

      (Z)  "Licensed preschool program" or "licensed school child  19,381       

program" means a preschool program or school child program, as     19,382       

defined in section 3301.52 of the Revised Code, that is licensed   19,383       

by the department of education pursuant to sections 3301.52 to     19,384       

3301.59 of the Revised Code.                                                    

      (AA)  "Licensee" means the owner of a child day-care center  19,386       

or type A family day-care home that is licensed pursuant to this   19,387       

                                                          462    

                                                                 
chapter and who is responsible for ensuring its compliance with    19,388       

this chapter and rules adopted pursuant to this chapter.           19,389       

      (BB)  "Operate a child day camp" means to operate,           19,391       

establish, manage, conduct, or maintain a child day camp.          19,392       

      (CC)  "Owner" includes a person, as defined in section 1.59  19,394       

of the Revised Code, or government entity.                         19,395       

      (DD)  "Parent cooperative child day-care center," "parent    19,397       

cooperative center," "parent cooperative type A family day-care    19,398       

home," and "parent cooperative type A home" mean a corporation or  19,399       

association organized for providing educational services to the    19,400       

children of members of the corporation or association, without     19,401       

gain to the corporation or association as an entity, in which the  19,402       

services of the corporation or association are provided only to    19,403       

children of the members of the corporation or association,         19,404       

ownership and control of the corporation or association rests      19,405       

solely with the members of the corporation or association, and at  19,406       

least one parent-member of the corporation or association is on    19,407       

the premises of the center or type A home during its hours of      19,408       

operation.                                                         19,409       

      (EE)  "Part-time child day-care center," "part-time          19,411       

center," "part-time type A family day-care home," and "part-time   19,412       

type A home" mean a center or type A home that provides child      19,413       

day-care or publicly funded child day-care for no more than four   19,414       

hours a day for any child.                                         19,415       

      (FF)  "Place of worship" means a building where activities   19,417       

of an organized religious group are conducted and includes the     19,418       

grounds and any other buildings on the grounds used for such       19,419       

activities.                                                        19,420       

      (GG)  "Preschool child" means a child who is three years     19,422       

old or older but is not a school child.                            19,423       

      (HH)  "Protective day-care" means publicly funded child      19,425       

day-care for the direct care and protection of a child to whom     19,426       

either of the following applies:                                   19,427       

      (1)  A case plan prepared and maintained for the child       19,429       

                                                          463    

                                                                 
pursuant to section 2151.412 of the Revised Code indicates a need  19,430       

for protective day-care and the child resides with a parent,       19,431       

stepparent, guardian, or another person who stands in loco         19,432       

parentis as defined in rules adopted under section 5104.38 of the  19,433       

Revised Code;                                                                   

      (2)  The child and the child's caretaker either temporarily  19,435       

reside in a facility providing emergency shelter for homeless      19,437       

families or are determined by the county department of human       19,438       

services to be homeless, and are otherwise ineligible for          19,439       

publicly funded child day-care.                                    19,440       

      (II)  "Publicly funded child day-care" means administering   19,442       

to the needs of infants, toddlers, preschool children, and school  19,444       

children up to UNDER age thirteen during any part of the           19,445       

twenty-four-hour day by persons other than their caretaker         19,447       

parents for remuneration wholly or in part with federal or state   19,448       

funds, including child care block grant act funds, distributed by  19,449       

the department of human services.                                  19,450       

      (JJ)  "Religious activities" means any of the following:     19,452       

worship or other religious services; religious instruction;        19,453       

Sunday school classes or other religious classes conducted during  19,454       

or prior to worship or other religious services; youth or adult    19,455       

fellowship activities; choir or other musical group practices or   19,456       

programs; meals; festivals; or meetings conducted by an organized  19,457       

religious group.                                                   19,458       

      (KK)  "School child" means a child who is enrolled in or is  19,460       

eligible to be enrolled in a grade of kindergarten or above but    19,461       

is less than fifteen years old.                                    19,462       

      (LL)  "School child day-care center," "school child          19,464       

center," "school child type A family day-care home," and "school   19,465       

child type A family home" mean a center or type A home that        19,466       

provides child day-care for school children only and that does     19,468       

either or both of the following:                                   19,469       

      (1)  Operates only during that part of the day that          19,471       

immediately precedes or follows the public school day of the       19,472       

                                                          464    

                                                                 
school district in which the center or type A home is located;     19,473       

      (2)  Operates only when the public schools in the school     19,475       

district in which the center or type A home is located are not     19,476       

open for instruction with pupils in attendance.                    19,477       

      (MM)  "Special needs day-care" means publicly funded child   19,479       

day-care that is provided for a child who is physically or         19,480       

developmentally handicapped, mentally retarded, or mentally ill.   19,481       

      (NN)  "State median income" means the state median income    19,483       

calculated by the department of development pursuant to division   19,484       

(A)(1)(g) of section 5709.61 of the Revised Code.                  19,485       

      (OO)  "Toddler" means a child who is at least eighteen       19,487       

months of age but less than three years of age.                    19,488       

      (PP)  "Type A family day-care home" and "type A home" mean   19,490       

a permanent residence of the administrator in which child          19,491       

day-care or publicly funded child day-care is provided for seven   19,492       

to twelve children at one time or a permanent residence of the     19,493       

administrator in which child day-care is provided for four to      19,494       

twelve children at one time if four or more children at one time   19,495       

are under two years of age.  In counting children for the          19,496       

purposes of this division, any children under six years of age     19,497       

who are related to a licensee, administrator, or employee and who  19,498       

are on the premises of the type A home shall be counted.  "Type A  19,499       

family day-care home" does not include a residence in which the    19,500       

needs of children are administered to, if all of the children      19,501       

whose needs are being administered to are siblings of the same     19,502       

immediate family and the residence is the home of the siblings.    19,503       

"Type A family day-care home" and "type A home" do not include     19,504       

any child day camp.                                                19,505       

      (QQ)  "Type B family day-care home" and "type B home" mean   19,507       

a permanent residence of the provider in which child day-care is   19,508       

provided for one to six children at one time and in which no more  19,509       

than three children are under two years of age at one time.  In    19,510       

counting children for the purposes of this division, any children  19,511       

under six years of age who are related to the provider and who     19,512       

                                                          465    

                                                                 
are on the premises of the type B home shall be counted.  "Type B  19,513       

family day-care home" does not include a residence in which the    19,514       

needs of children are administered to, if all of the children      19,515       

whose needs are being administered to are siblings of the same     19,516       

immediate family and the residence is the home of the siblings.    19,517       

"Type B family day-care home" and "type B home" do not include     19,518       

any child day camp.                                                19,519       

      Sec. 5104.34.  (A)(1)  Each county department of human       19,528       

services shall implement procedures for making determinations of   19,529       

eligibility for publicly funded child day-care.  Under those       19,530       

procedures, the eligibility determination for each applicant       19,531       

shall be made no later than thirty calendar days from the date     19,532       

the county department receives a completed application for         19,533       

publicly funded child day-care.  Each applicant shall be notified  19,534       

promptly of the results of the eligibility determination.  An      19,535       

applicant aggrieved by a decision or delay in making an            19,536       

eligibility determination may appeal the decision or delay to the  19,537       

department of human services in accordance with section 5101.35    19,538       

of the Revised Code.  The due process rights of applicants shall   19,539       

be protected.                                                      19,540       

      To the extent permitted by federal law, the county           19,542       

department may make all determinations of eligibility for          19,543       

publicly funded child day-care, may contract with child day-care   19,544       

providers or child day-care resource and referral service          19,545       

organizations for the providers or resource and referral service   19,546       

organizations to make all or any part of the determinations, and   19,547       

may contract with child day-care providers or child day-care       19,548       

resource and referral service organizations for the providers or   19,549       

resource and referral service organizations to collect specified   19,550       

information for use by the county department in making             19,551       

determinations.  If a county department contracts with a child     19,552       

day-care provider or a child day-care resource and referral        19,553       

service organization for eligibility determinations or for the     19,554       

collection of information, the contract shall require the          19,555       

                                                          466    

                                                                 
provider or resource and referral service organization to make     19,556       

each eligibility determination no later than thirty calendar days  19,557       

from the date the provider or resource and referral organization   19,558       

receives a completed application that is the basis of the          19,559       

determination and to collect and transmit all necessary            19,560       

information to the county department within a period of time that  19,561       

enables the county department to make each eligibility             19,562       

determination no later than thirty days after the filing of the    19,563       

application that is the basis of the determination.                19,564       

      The county department may station employees of the           19,566       

department in various locations throughout the county and may      19,567       

assign employees of the department to hours of employment outside  19,568       

the normal working hours of the department to collect information  19,569       

relevant to applications for publicly funded child day-care and    19,570       

to make eligibility determinations.  The county department, child  19,571       

day-care provider, and child day-care resource and referral        19,572       

service organization shall make each determination of eligibility  19,573       

for publicly funded child day-care no later than thirty days       19,574       

after the filing of the application that is the basis of the       19,575       

determination, shall make each determination in accordance with    19,576       

any relevant rules adopted pursuant to section 5104.38 of the      19,577       

Revised Code, and shall notify promptly each applicant for         19,578       

publicly funded child day-care of the results of the               19,579       

determination of the applicant's eligibility.                      19,580       

      On or before October 1, 1991, the department of human        19,582       

services shall adopt rules in accordance with Chapter 119. of the  19,583       

Revised Code for monitoring the eligibility determination          19,584       

process.  In accordance with those rules, the state department     19,585       

shall monitor eligibility determinations made by county            19,586       

departments of human services and shall direct any entity that is  19,587       

not in compliance with this division or any rule adopted under     19,588       

this division to implement corrective action specified by the      19,589       

department.                                                        19,590       

      (2)  All eligibility determinations for publicly funded      19,593       

                                                          467    

                                                                 
child day-care shall be made in accordance with rules adopted by   19,594       

the department of human services pursuant to division (A) of       19,595       

section 5104.38 of the Revised Code.  Publicly funded child        19,596       

day-care may be provided only to eligible infants, toddlers,       19,598       

preschool children, and school children under age thirteen.  For                

an applicant to be eligible for publicly funded child day-care,    19,599       

the caretaker parent must be employed or participating in a        19,600       

program of education or training for an amount of time reasonably  19,601       

related to the time that the parent's children are receiving       19,602       

publicly funded child day-care.  This restriction does not apply   19,603       

to families whose children are eligible for protective or special  19,604       

needs day-care.                                                                 

      Subject to available funds, the department shall allow a     19,607       

family to continue to receive publicly funded child day-care       19,608       

until the family's income exceeds one hundred fifty per cent of    19,609       

the federal poverty line.  Initial and continued eligibility for   19,610       

publicly funded child day-care is subject to available funds       19,611       

unless the family is receiving transitional child day-care as      19,612       

provided under this section, participating in the Ohio works       19,613       

first program established under Chapter 5107. of the Revised       19,614       

Code, or was receiving publicly funded child day-care on October   19,615       

1, 1997, and has a family income below one hundred fifty per cent  19,616       

of the federal poverty line.  If the department must limit         19,617       

eligibility due to lack of available funds, it shall give first    19,618       

priority for publicly funded child day-care to an assistance       19,619       

group whose income is not more than one hundred fifty per cent of  19,620       

the federal poverty line that received transitional child          19,621       

day-care in the previous month but is no longer eligible because                

the twelve-month period has expired.  Such an assistance group     19,622       

shall continue to receive priority for publicly funded child       19,623       

day-care until its income exceeds one hundred fifty per cent of    19,624       

the federal poverty line.                                                       

      (3)  An assistance group that ceases to participate in the   19,626       

Ohio works first program established under Chapter 5107. of the    19,628       

                                                          468    

                                                                 
Revised Code is eligible for transitional child day-care at any    19,629       

time during the immediately following twelve-month period that     19,630       

both of the following apply:                                                    

      (a)  The assistance group requires child day-care due to     19,632       

employment;                                                        19,633       

      (b)  The assistance group's income is not more than one      19,635       

hundred fifty per cent of the federal poverty line.                19,636       

      An assistance group ineligible to participate in the Ohio    19,638       

works first program pursuant to section 5107.17 5101.83 or         19,639       

section 5107.21 5107.16 of the Revised Code is not eligible for    19,642       

transitional child day-care.                                       19,643       

      (B)  To the extent permitted by federal law, a county        19,645       

department of human services may require a caretaker parent        19,646       

determined to be eligible for publicly funded child day-care to    19,647       

pay a fee according to the schedule of fees established in rules   19,648       

adopted under section 5104.38 of the Revised Code.  Each county    19,649       

department shall make protective day-care services available to    19,652       

children without regard to the income or assets of the caretaker   19,653       

parent of the child.                                               19,654       

      (C)  A caretaker parent receiving publicly funded child      19,656       

day-care shall report to the entity that determined eligibility    19,658       

any changes in status with respect to employment or participation  19,659       

in a program of education or training.                                          

      (D)  If a county department of human services determines     19,661       

that available resources are not sufficient to provide publicly    19,662       

funded child day-care to all eligible families who request it,     19,663       

the county department may establish a waiting list.  A county      19,664       

department may establish separate waiting lists within the         19,665       

waiting list based on income.  When resources become available to  19,667       

provide publicly funded child day-care to families on the waiting               

list, a county department that establishes a waiting list shall    19,668       

assess the needs of the next family scheduled to receive publicly  19,670       

funded child day-care.  If the assessment demonstrates that the    19,671       

family continues to need and is eligible for publicly funded                    

                                                          469    

                                                                 
child day-care, the county department shall offer it to the        19,672       

family.  If the county department determines that the family is    19,673       

no longer eligible or no longer needs publicly funded child        19,674       

day-care, the county department shall remove the family from the   19,675       

waiting list.                                                                   

      Sec. 5107.14.  An assistance group is ineligible to          19,684       

participate in Ohio works first unless the minor head of           19,685       

household or each adult member of the assistance group, not later  19,687       

than thirty days after applying for or undergoing a                19,689       

redetermination of eligibility for the program, enters into a      19,690       

written self-sufficiency contract with the county department of    19,691       

human services.  The contract shall set forth the rights and       19,693       

responsibilities of the assistance group as applicants for and     19,694       

participants of the program, including work responsibilities       19,695       

established under sections 5107.40 to 5107.69 of the Revised Code  19,698       

and other requirements designed to assist the assistance group in  19,699       

achieving self sufficiency and personal responsibility.  The       19,700       

county department shall provide without charge a copy of the       19,701       

contract to each assistance group member who signs it.             19,702       

      Each self-sufficiency contract shall include, based on       19,704       

appraisals conducted under section 5107.41 of the Revised Code     19,706       

and assessments conducted under section 5107.70 of the Revised     19,707       

Code, the following:                                                            

      (A)  The assistance group's plan, developed under section    19,709       

5107.41 of the Revised Code, to achieve the goal of self           19,712       

sufficiency and personal responsibility through unsubsidized       19,713       

employment within the time limit for participating in Ohio works   19,714       

first established by section 5107.18 of the Revised Code;          19,715       

      (B)  Work activities, developmental activities, and          19,718       

alternative work activities to which members of the assistance     19,719       

group are assigned under sections 5107.40 to 5107.69 of the        19,720       

Revised Code;                                                      19,721       

      (C)  The responsibility of a caretaker member of the         19,724       

assistance group to cooperate in establishing a minor child's      19,725       

                                                          470    

                                                                 
paternity and establishing, modifying, and enforcing a support     19,726       

order for the child in accordance with section 5107.22 of the      19,727       

Revised Code and the consequences established in that section for  19,729       

failure or refusal to cooperate without good cause;                19,730       

      (D)  Other responsibilities that members of the assistance   19,732       

group must satisfy to participate in Ohio works first and the      19,733       

consequences for failure or refusal to satisfy the                 19,734       

responsibilities;                                                  19,735       

      (E)  An agreement that the assistance group will comply      19,738       

with the conditions of participating in Ohio works first           19,739       

established by this chapter and sections 5101.19, 5101.58,         19,740       

5101.59, and 5101.83 of the Revised Code;                          19,741       

      (F)  Assistance and services the county department will      19,743       

provide to the assistance group;                                   19,744       

      (G)  Assistance and services the child support enforcement   19,747       

agency and public children services agency will provide to the     19,748       

assistance group pursuant to a plan of cooperation entered into    19,749       

under section 307.983 of the Revised Code;                         19,750       

      (H)  Other provisions designed to assist the assistance      19,752       

group in achieving self-sufficiency SELF SUFFICIENCY and personal  19,754       

responsibility;                                                                 

      (I)  Procedures for assessing whether responsibilities are   19,757       

being satisfied and whether the contract should be amended;                     

      (J)  Procedures for amending the contract.                   19,759       

      Sec. 5107.20.  As used in this section, "support" has the    19,768       

same meaning as in section 3113.21 of the Revised Code.            19,769       

      Participation in Ohio works first constitutes an assignment  19,772       

to the department of human services of any rights members of an    19,773       

assistance group have to support from any other person, excluding  19,774       

medical support assigned pursuant to section 5101.59 of the        19,775       

Revised Code.  The rights to support assigned to the department    19,776       

pursuant to this section constitute an obligation of the person    19,777       

who is responsible for providing the support to the state for the  19,778       

amount of cash assistance provided to the assistance group.        19,780       

                                                          471    

                                                                 
      A child support enforcement agency THE DIVISION OF CHILD     19,782       

SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES shall collect and      19,783       

distribute support payments owed to Ohio works first               19,784       

participants, whether assigned to the department or unassigned,    19,785       

in accordance with Title IV-D, federal regulations, state          19,787       

statutes, and rules adopted under section 5107.05 of the Revised                

Code.                                                                           

      A child support enforcement agency that receives support     19,789       

payments assigned to the department shall pay the support          19,791       

payments to the department.  In accordance with federal statutes   19,792       

and regulations, the department shall deposit support payments it  19,793       

receives pursuant to this section into the state treasury to the   19,795       

credit of the child support collections fund or the child support  19,796       

administrative fund, both of which are hereby created.  Money      19,797       

credited to the funds shall be used to make cash assistance        19,798       

payments under Ohio works first.                                   19,799       

      Sec. 5153.16.  (A)  Except as provided in section 2151.422   19,808       

of the Revised Code, in accordance with rules of the department    19,809       

of human services, and on behalf of children in the county whom    19,810       

the public children services agency considers to be in need of     19,811       

public care or protective services, the public children services   19,812       

agency shall do all of the following:                              19,813       

      (1)  Make an investigation concerning any child alleged to   19,815       

be an abused, neglected, or dependent child;                       19,816       

      (2)  Enter into agreements with the parent, guardian, or     19,818       

other person having legal custody of any child, or with the        19,819       

department of human services, department of mental health,         19,820       

department of mental retardation and developmental disabilities,   19,821       

other department, any certified organization within or outside     19,822       

the county, or any agency or institution outside the state,        19,823       

having legal custody of any child, with respect to the custody,    19,824       

care, or placement of any child, or with respect to any matter,    19,826       

in the interests of the child, provided the permanent custody of   19,827       

a child shall not be transferred by a parent to the public         19,828       

                                                          472    

                                                                 
children services agency without the consent of the juvenile       19,829       

court;                                                                          

      (3)  Accept custody of children committed to the public      19,831       

children services agency by a court exercising juvenile            19,833       

jurisdiction;                                                                   

      (4)  Provide such care as the public children services       19,836       

agency considers to be in the best interests of any child          19,837       

adjudicated to be an abused, neglected, or dependent child the     19,838       

agency finds to be in need of public care or service;              19,839       

      (5)  Provide social services to any unmarried girl           19,841       

adjudicated to be an abused, neglected, or dependent child who is  19,843       

pregnant with or has been delivered of a child;                    19,844       

      (6)  Make available to the bureau for children with medical  19,846       

handicaps of the department of health at its request any           19,847       

information concerning a crippled child found to be in need of     19,848       

treatment under sections 3701.021 to 3701.028 of the Revised Code  19,849       

who is receiving services from the public children services        19,851       

agency;                                                                         

      (7)  Provide temporary emergency care for any child          19,853       

considered by the public children services agency to be in need    19,855       

of such care, without agreement or commitment;                     19,856       

      (8)  Find family foster homes, within or outside the         19,858       

county, for the care of children, including handicapped children   19,859       

from other counties attending special schools in the county;       19,860       

      (9)  Subject to the approval of the board of county          19,862       

commissioners and the state department of human services,          19,863       

establish and operate a training school or enter into an           19,864       

agreement with any municipal corporation or other political        19,865       

subdivision of the county respecting the operation, acquisition,   19,866       

or maintenance of any children's home, training school, or other   19,867       

institution for the care of children maintained by such municipal  19,868       

corporation or political subdivision;                              19,869       

      (10)  Acquire and operate a county children's home,          19,871       

establish, maintain, and operate a receiving home for the          19,872       

                                                          473    

                                                                 
temporary care of children, or procure family foster homes for     19,873       

this purpose;                                                      19,874       

      (11)  Enter into an agreement with the trustees of any       19,876       

district children's home, respecting the operation of the          19,877       

district children's home in cooperation with the other county      19,878       

boards in the district;                                            19,879       

      (12)  Cooperate with, make its services available to, and    19,881       

act as the agent of persons, courts, the department of human       19,882       

services, the department of health, and other organizations        19,883       

within and outside the state, in matters relating to the welfare   19,884       

of children, except that the public children services agency       19,885       

shall not be required to provide supervision of or other services  19,886       

related to the exercise of companionship or visitation rights      19,887       

granted pursuant to section 3109.051, 3109.11, or 3109.12 of the   19,888       

Revised Code unless a juvenile court, pursuant to Chapter 2151.    19,889       

of the Revised Code, or a common pleas court, pursuant to          19,890       

division (E)(6) of section 3113.31 of the Revised Code, requires   19,891       

the provision of supervision or other services related to the      19,893       

exercise of the companionship or visitation rights;                             

      (13)  Make investigations at the request of any              19,895       

superintendent of schools in the county or the principal of any    19,896       

school concerning the application of any child adjudicated to be   19,897       

an abused, neglected, or dependent child for release from school,  19,898       

where such service is not provided through a school attendance     19,899       

department;                                                                     

      (14)  Administer funds provided under Title IV-E of the      19,901       

"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as    19,902       

amended, in accordance with rules adopted by the state department  19,903       

of human services under section 5101.141 of the Revised Code;      19,904       

      (15)  In addition to administering Title IV-E adoption       19,906       

assistance funds, enter into agreements to make adoption           19,907       

assistance payments under section 5153.163 of the Revised Code;    19,908       

      (16)  (E) Implement a system of risk assessment, in          19,910       

accordance with rules adopted by the state department of human     19,911       

                                                          474    

                                                                 
services, to assist the public children services agency in         19,912       

determining the risk of abuse or neglect to a child;               19,913       

      (18)(17)  Enter into a plan of cooperation with the board    19,915       

of county commissioners under section 307.983 of the Revised Code  19,916       

and comply with the partnership agreement the board enters into    19,917       

under section 307.98 of the Revised Code and contracts the board   19,918       

enters into under sections 307.981 and 307.982 of the Revised      19,919       

Code that affect the public children services agency.                           

      (B)  The public children services agency shall use the       19,921       

system implemented pursuant to division (B)(16) of this section    19,922       

in connection with an investigation undertaken pursuant to         19,923       

division (F)(1) of section 2151.421 of the Revised Code and may    19,925       

use the system at any other time the agency is involved with any                

child when the agency determines that risk assessment is           19,926       

necessary.                                                                      

      (C)  Except as provided in section 2151.422 of the Revised   19,928       

Code, In IN accordance with rules of the department of human       19,929       

services, and on behalf of children in the county whom the public  19,930       

children services agency considers to be in need of public care    19,931       

or protective services, the public children services agency may    19,932       

do the following:                                                               

      (1)  Provide or find, with other child serving systems,      19,935       

treatment foster care for the care of children in a treatment      19,936       

foster home, as defined in section 5103.02 of the Revised Code;                 

      (2)(a)  As Except as limited by division divisions           19,938       

(C)(2)(b) and (c) of this section, contract with the following     19,939       

for the purpose of assisting the agency with its duties:           19,940       

      (i)  County departments of human services;                   19,942       

      (ii)  Boards of alcohol, drug addiction, and mental health   19,945       

services;                                                                       

      (iii)  County boards of mental retardation and               19,947       

developmental disabilities;                                        19,948       

      (iv)  Regional councils of political subdivisions            19,950       

established under Chapter 167. of the Revised Code;                19,951       

                                                          475    

                                                                 
      (v)  Private and government providers of services;           19,953       

      (vi)  Managed care organizations and prepaid health plans.   19,955       

      (b)  A public children services agency contract under        19,958       

division (C)(2)(a) of this section regarding the agency's duties                

under section 2151.421 of the Revised Code may not provide for     19,959       

the entity under contract with the agency to perform any service   19,960       

not authorized by the department's rules.                          19,961       

      (c)  Only a county children services board appointed under   19,964       

section 5153.03 of the Revised Code that is a public children                   

services agency may contract under division (C)(2)(a) of this      19,965       

section.  If an entity specified in division (B) or (C) of         19,966       

section 5153.02 of the Revised Code is the public children         19,967       

services agency for a county, the board of county commissioners    19,968       

may enter into contracts pursuant to section 307.982 of the                     

Revised Code regarding the agency's duties.                        19,969       

      Section 2.  That existing sections 149.43, 169.03, 169.08,   19,971       

329.12, 1336.07, 1336.08, 1349.01, 1533.82, 2105.18, 2151.23,      19,973       

2151.231, 2151.33, 2151.49, 2301.34, 2301.35, 2301.353, 2301.356,  19,974       

2301.357, 2301.358, 2301.36, 2301.37, 2301.371, 2301.373,          19,975       

2301.374, 2705.02, 2919.21, 2919.231, 3103.03, 3103.031, 3105.18,               

3105.21, 3107.01, 3107.06, 3107.064, 3109.05, 3109.12, 3109.19,    19,978       

3111.02, 3111.03, 3111.04, 3111.06, 3111.07, 3111.09, 3111.12,     19,979       

3111.13, 3111.20, 3111.22, 3111.23, 3111.24, 3111.241, 3111.242,   19,981       

3111.25, 3111.26, 3111.27, 3111.28, 3111.37, 3111.99, 3113.04,     19,982       

3113.07, 3113.21, 3113.211, 3113.212, 3113.213, 3113.215,          19,983       

3113.216, 3113.217, 3113.218, 3113.219, 3113.31, 3113.99,                       

3317.02, 3705.07, 3705.09, 3705.16, 3727.17, 3770.071, 3924.48,    19,984       

3924.49, 4141.16, 4141.28, 5101.26, 5101.28, 5101.31, 5101.311,    19,985       

5101.312, 5101.322, 5101.323, 5101.324, 5101.37, 5101.99,          19,986       

5104.01, 5104.34, 5107.14, 5107.20, and 5153.16, and sections      19,987       

329.043, 2301.351, 2301.352, 2301.42, 3111.21, 3113.214, 3115.01,  19,989       

3115.02, 3115.03, 3115.04, 3115.05, 3115.06, 3115.07, 3115.08,     19,991       

3115.09, 3115.10, 3115.11, 3115.12, 3115.13, 3115.14, 3115.15,     19,992       

3115.16, 3115.17, 3115.18, 3115.19, 3115.20, 3115.21, 3115.22,     19,993       

                                                          476    

                                                                 
3115.23, 3115.24, 3115.25, 3115.26, 3115.27, 3115.28, 3115.29,     19,994       

3115.30, 3115.31, 3115.32, 3115.33, 3115.34, and 3701.042 of the   19,995       

Revised Code are hereby repealed.                                               

      Section 3.  The General Assembly recognizes that in certain  19,998       

instances, the wording of this act differs from that of the        19,999       

Uniform Interstate Family Support Act approved by the National     20,000       

Conference of Commissioners on Uniform State Laws.  Any such       20,001       

dissimilarity denotes a technical change or is made to reflect     20,002       

the intent of the Commissioners as expressed in the Comments to    20,003       

the Uniform Interstate Family Support Act.                         20,004       

      Section 4.  Sections 1 through 3 of this act, except for     20,006       

sections 329.12, 3317.02, 5101.26, 5101.28, 5101.312, 5104.01,     20,009       

5104.34, 5107.14, and 5153.16 of the Revised Code, shall take      20,011       

effect January 1, 1998.  Sections 329.12, 3317.02, 5101.26,        20,012       

5101.28, 5101.312, 5104.01, 5104.34, 5107.14, and 5153.16 of the   20,014       

Revised Code, as amended by this act, shall take effect October    20,015       

1, 1997.                                                                        

      Section 5.  Section 5153.164 of the Revised Code is hereby   20,018       

repealed.  This repeal is identical to the repeal of section                    

5153.164 of the Revised Code by Am. Sub. H.B. 215 of the 122nd     20,019       

General Assembly and is intended to confirm that such was the      20,020       

result intended by the General Assembly.   Uncertainty as to the   20,021       

status of section 5153.164 of the Revised Code occurred because,   20,022       

while Am. Sub. H.B. 215, which repealed the section, was passed    20,023       

on June 25, 1997, another act, Sub. H.B. 408 of the 122nd General  20,024       

Assembly, which amended the section, was passed one day later, on  20,025       

June 26, 1997.  It was not the intent of the General Assembly by   20,027       

enacting Sub. H.B. 408 to revive section 5153.164 of the Revised   20,028       

Code.                                                                           

      Section 6.  Section 2301.355 of the Revised Code, which is   20,030       

presented in this act in all capital letters, is revived by this   20,031       

act.  Section 5 of Am. Sub. S.B. 292 of the 121st General          20,033       

Assembly repealed Section 3 of Am. Sub. S.B. 10 of the 119th       20,034       

General Assembly, which latter section repealed section 2301.355   20,035       

                                                          477    

                                                                 
of the Revised Code effective October 1, 1996.  Section 5 of Am.   20,036       

Sub. S.B. 292, however, did not become effective until November    20,037       

6, 1996, after the repeal of section 2301.355 of the Revised Code  20,038       

by Section 3 of Am. Sub. S.B. 10 had taken effect on October 1,    20,039       

1996.  While legislative intent to retain section 2301.355 of the  20,041       

Revised Code is explicit in Section 5 of Am. Sub. S.B. 292,                     

efficacy of the legislative intent is uncertain because Ohio       20,042       

Constitution, Article II, Section 15(D) states that repealed       20,043       

sections may not be revived "unless the new act contains the       20,044       

entire act revived," and section 2301.355 of the Revised Code are  20,046       

not set forth in their entirety in Am. Sub. S.B. 292.  This act,   20,047       

in confirmation of the legislative intent stated in Section 5 of   20,048       

Am. Sub. S.B. 292, revives section 2301.355 of the Revised Code    20,049       

by setting forth the section in its entirety.                                   

      Section 7.  Section 2301.34 of the Revised Code is           20,052       

presented in this act as a composite of the section as amended by  20,053       

both Sub. H.B. 274 and Am. Sub. S.B. 292  of the 121st General     20,054       

Assembly, with the new language of neither of the acts shown in    20,055       

capital letters.  Sections 2919.21 and 2919.231 of the Revised     20,056       

Code are presented in this act as composites of the sections as    20,057       

amended by both Sub. H.B. 274 and Am. Sub. S.B. 269 of the 121st   20,058       

General Assembly, with the new language of neither of the acts     20,059       

shown in capital letters.  Section 3111.99 of the Revised Code is  20,060       

presented in this act as a composite of the section as amended by               

both Sub. H.B. 167 and Am. Sub. S.B. 2 of the 121st General        20,061       

Assembly, with the new language of neither of the acts shown in    20,062       

capital letters.  Section 3113.99 of the Revised Code is           20,063       

presented in this act as a composite of the section as amended by  20,064       

both Am. Sub. S.B. 2 and Sub. H.B. 167 of the 121st General        20,065       

Assembly, with the new language of neither of the acts shown in    20,066       

capital letters.  Section 5153.16 of the Revised Code is           20,067       

presented in this act as a composite of the section as amended by  20,068       

both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General      20,069       

Assembly, with the new language of neither of the acts shown in    20,070       

                                                          478    

                                                                 
capital letters.  This is in recognition of the principle stated   20,072       

in division (B) of section 1.52 of the Revised Code that such      20,073       

amendments are to be harmonized where not substantively            20,074       

irreconcilable and constitutes a legislative finding that such is  20,075       

the resulting version in effect prior to the effective date of     20,076       

this act.                                                                       

      Section 8.  The Department of Human Services shall conduct   20,078       

a study regarding the efficacy of continuing to impose the         20,079       

processing charge required by division (G) of section 2301.35 of   20,080       

the Revised Code in light of the centralized collection and        20,082       

disbursement system established by this act.  The Department       20,083       

shall file the results of the study with the Governor, the         20,084       

Speaker and Minority Leader of the House of Representatives, and                

the President and Minority Leader of the Senate by July 1, 1998.   20,086       

The study shall include a cost benefit analysis of the costs of    20,087       

collecting the charge as compared to the loss of federal funding   20,088       

that occurs as a result of its collection.  It shall also include  20,089       

a recommendation regarding alternative sources of funding to       20,090       

restore any net loss of funding that would occur if the charge     20,091       

were no longer imposed.                                            20,092       

      Section 9.  The Department of Human Services shall conduct   20,094       

a study and prepare a report regarding the exchange of             20,095       

information between the Division of Child Support and financial    20,096       

institutions pursuant to agreements entered into under section     20,097       

5101.315 of the Revised Code.  The study shall be based upon an    20,098       

examination of information sharing between a single financial      20,099       

institution and the Division and a survey of other financial       20,100       

institutions doing business in the state.  The study shall         20,101       

include information concerning the type of automation used by      20,102       

financial institutions, the number of accounts maintained by each  20,103       

financial institution surveyed, and statistics relating to the     20,104       

effectiveness of information sharing between financial             20,105       

institutions and the Division as a method of enforcing support     20,106       

orders, including a comparison of the costs incurred in sharing    20,107       

                                                          479    

                                                                 
information and the amount of assets of defaulting obligors that   20,108       

can reasonably be expected to be located as a result of            20,109       

information sharing between financial institutions and the         20,110       

Division.  The Department shall file the report with the           20,111       

Governor, the Speaker and Minority Leader of the House of          20,112       

Representatives, and the President and Minority Leader of the      20,113       

Senate not later than April 30, 1999.                              20,114       

      Section 10.  Consistent with the intent of the General       20,116       

Assembly in passing Section 147 of Am. Sub. H.B. 215 of the 122nd  20,117       

General Assembly, any unused principal in the Human Services       20,118       

Stabilization Fund at the end of fiscal year 1997 shall be         20,119       

retained in that fund notwithstanding Section 177 of Am. Sub.                   

H.B. 117 of the 121st General Assembly.  The General Assembly      20,120       

hereby ratifies any action taken prior to the effective date of    20,121       

this section consistent with this intent.                          20,122       

      Section 11.  This act is hereby declared to be an emergency  20,124       

measure necessary for the immediate preservation of the public     20,125       

peace, health, and safety.  The reason for such necessity is that  20,127       

the Department of Human Services faces the imposition of federal   20,128       

sanctions if certain provisions of this act are not implemented    20,129       

on or before October 1, 1997.  Therefore, this act shall go into   20,130       

immediate effect.