As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 180  5            

      1999-2000                                                    6            


             SENATORS KEARNS-SCHAFRATH-DRAKE-MUMPER                8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 109.573, 145.27, 145.56, 145.75,    12           

                149.43, 169.03, 169.08, 329.04, 742.41, 742.47,    13           

                909.131, 917.24, 918.45, 919.21, 921.30, 926.102,  14           

                927.521, 943.19, 1321.05, 1321.84, 1322.101,                    

                1347.08, 1349.01, 1533.82, 1541.42, 1547.544,      15           

                1561.52, 1565.25, 1905.201, 2151.23, 2151.231,     16           

                2151.232, 2151.33, 2151.36, 2151.49, 2301.03,                   

                2301.356, 2301.358, 2301.371, 2301.375, 2301.39,   17           

                2301.99, 2317.02, 2329.66, 2705.02, 2705.031,      18           

                2716.01, 2919.22, 2919.231, 3103.03, 3103.031,                  

                3105.18, 3105.21, 3105.63, 3105.65, 3107.01,       19           

                3107.06, 3107.064, 3109.04, 3109.05, 3109.051,     20           

                3109.052, 3109.12, 3109.19, 3109.21, 3109.27,      21           

                3109.28, 3111.01, 3111.02, 3111.03, 3111.04,       22           

                3111.06, 3111.07, 3111.08, 3111.09, 3111.10,                    

                3111.11, 3111.111, 3111.12, 3111.13, 3111.15,      23           

                3111.16, 3111.17, 3111.221, 3111.29, 3111.30,                   

                3111.31, 3111.34, 3111.35, 3111.36, 3111.37,       24           

                3111.38, 3111.99, 3113.04, 3113.07, 3113.16,       25           

                3113.212, 3113.219, 3113.31, 3113.99, 3115.01,                  

                3115.14, 3115.16, 3115.31, 3115.32, 3115.33,       26           

                3115.34, 3115.35, 3115.36, 3115.37, 3115.42,       27           

                3115.49, 3115.52, 3115.56, 3301.071, 3301.074,     28           

                3301.71, 3304.42, 3305.08, 3307.21, 3307.71,       29           

                3309.22, 3309.66, 3319.088, 3319.29, 3319.31,                   

                3319.312, 3332.031, 3332.18, 3701.915, 3705.09,    30           

                3705.091, 3710.19, 3719.82, 3723.18, 3727.17,      31           

                3737.883, 3742.20, 3770.07, 3770.071, 3773.36,     32           

                                                          2      


                                                                 
                3773.42, 3773.59, 3783.09, 3905.53, 3921.281,                   

                3924.48, 3924.49, 3931.13, 3941.02, 3949.22,       33           

                3951.10, 3959.17, 4104.21, 4123.67, 4141.16,       34           

                4141.28, 4501.25, 4506.071, 4507.08, 4507.111,                  

                4507.16, 4507.34, 4507.99, 4511.191, 4701.28,      35           

                4703.12, 4703.16, 4703.36, 4703.52, 4705.021,      36           

                4707.23, 4709.26, 4713.27, 4715.40, 4717.16,       37           

                4723.07, 4723.09, 4723.341, 4723.63, 4725.20,                   

                4725.531, 4727.031, 4728.031, 4729.67, 4730.251,   38           

                4731.76, 4732.27, 4733.15, 4733.27, 4734.22,       39           

                4735.05, 4735.33, 4736.17, 4738.072, 4739.07,                   

                4739.16, 4740.101, 4741.02, 4741.32, 4747.16,      40           

                4749.14, 4751.12, 4753.071, 4753.15, 4755.04,      41           

                4755.09, 4755.61, 4755.66, 4757.19, 4759.11,       42           

                4761.03, 4761.12, 4763.03, 4763.18, 4765.56,                    

                5101.313, 5101.316, 5101.317, 5101.318, 5101.32,   44           

                5101.322, 5101.326, 5101.327, 5101.36, 5101.37,                 

                5101.99, 5104.011, 5104.44, 5107.20, 5123.083,     45           

                5126.251, 5153.16, 5505.04, 5505.22, 5703.21,      46           

                5747.121, and 5747.18; to amend for the purposes   47           

                of adopting new section numbers as indicated in                 

                parentheses, sections 2301.354 (3125.17),          49           

                2301.356 (3111.61), 2301.358 (3111.53), 2301.371   50           

                (3121.07), 2301.375 (3123.62), 2301.39 (3123.16),               

                3111.221 (3111.58), 3111.29 (3111.19), 3111.30     51           

                (3111.88), 3111.31 (3111.89), 3111.32 (3111.90),   52           

                3111.33 (3111.91), 3111.34 (3111.92), 3111.35      53           

                (3111.93), 3111.36 (3111.94), 3111.37 (3111.95),   54           

                3111.38 (3111.96), 3113.16 (3121.08), 3113.212                  

                (3121.14), 3113.219 (3123.17), 3113.2110           55           

                (3123.18), 3701.915 (3748.121), 3921.281           56           

                (3921.331), 5101.313 (3111.69), 5101.316                        

                (3121.92), 5101.317 (3125.38), 5101.318            57           

                (3121.91), 5101.32 (3123.81), 5101.322 (3125.07),  58           

                                                          3      


                                                                 
                5101.326 (3123.85), and 5101.327 (3123.88); to     59           

                enact new sections 3111.20, 3111.21, 3111.22,      60           

                3111.23, 3111.24, 3111.25, 3111.26, 3111.27,       61           

                3111.28, 3111.29, 3111.30, 3111.31, 3111.32,                    

                3111.33, 3111.34, 3111.35, and 3111.38 and         63           

                sections 3111.381, 3111.39, 3111.40, 3111.41,                   

                3111.42, 3111.421, 3111.43, 3111.44, 3111.45,      64           

                3111.46, 3111.47, 3111.48, 3111.49, 3111.50,       65           

                3111.51, 3111.52, 3111.53,  3111.54, 3111.611,                  

                3111.64, 3111.65, 3111.66, 3111.67, 3111.71,       66           

                3111.72, 3111.73, 3111.74, 3111.77, 3111.78,       67           

                3111.80, 3111.81, 3111.82, 3111.821, 3111.83,                   

                3111.831, 3111.832, 3111.84, 3111.85, 3119.01,     68           

                3119.02, 3119.021, 3119.022, 3119.023, 3119.024,   69           

                3119.03, 3119.04, 3119.05, 3119.06, 3119.07,       70           

                3119.08, 3119.09, 3119.14, 3119.15, 3119.16,                    

                3119.17, 3119.18, 3119.19, 3119.22, 3119.23,       71           

                3119.24, 3119.27, 3119.28, 3119.30, 3119.301,      72           

                3119.31, 3119.33, 3119.34, 3119.35, 3119.37,                    

                3119.38, 3119.40, 3119.41, 3119.43, 3119.44,       73           

                3119.45, 3119.46, 3119.47, 3119.48, 3119.49,       74           

                3119.491, 3119.50, 3119.51, 3119.52, 3119.53,      75           

                3119.54, 3119.56, 3119.57, 3119.58, 3119.60,                    

                3119.61, 3119.63, 3119.64, 3119.65, 3119.66,       76           

                3119.67, 3119.68, 3119.69, 3119.70, 3119.71,       77           

                3119.72, 3119.73, 3119.74, 3119.75, 3119.76,                    

                3119.79, 3119.80, 3119.81, 3119.82, 3119.83,       78           

                3119.84, 3119.86, 3119.87, 3119.88, 3119.89,       79           

                3119.90, 3119.91, 3119.92, 3119.93, 3119.94,       80           

                3119.95, 3121.01, 3121.02, 3121.03, 3121.031,                   

                3121.032, 3121.033, 3121.034, 3121.035, 3121.036,  81           

                3121.037, 3121.038, 3121.039, 3121.0310,           82           

                3121.0311, 3121.04, 3121.05, 3121.06, 3121.11,     83           

                3121.12, 3121.15, 3121.16, 3121.18, 3121.19,                    

                                                          4      


                                                                 
                3121.20, 3121.21, 3121.23, 3121.24, 3121.25,       84           

                3121.27, 3121.28, 3121.29, 3121.30, 3121.33,       85           

                3121.34, 3121.35, 3121.36, 3121.37, 3121.371,                   

                3121.372, 3121.38, 3121.381, 3121.39, 3121.43,     86           

                3121.44, 3121.45, 3121.46, 3121.47, 3121.48,       87           

                3121.49, 3121.50, 3121.51, 3121.52, 3121.53,       88           

                3121.54, 3121.56, 3121.57, 3121.58, 3121.59,                    

                3121.60, 3121.63, 3121.64, 3121.65, 3121.67,       89           

                3121.69, 3121.71, 3121.74, 3121.75, 3121.76,       90           

                3121.77, 3121.78, 3121.81, 3121.82, 3121.83,                    

                3121.84, 3121.85, 3121.86, 3121.89, 3121.891,      91           

                3121.892, 3121.893, 3121.894, 3121.895, 3121.896,  92           

                3121.897, 3121.898, 3121.899, 3121.8910,                        

                3121.8911, 3121.99, 3123.01, 3123.02, 3123.03,     93           

                3123.031, 3123.04, 3123.05, 3123.06, 3123.061,     94           

                3123.062, 3123.07, 3123.071, 3123.10, 3123.11,     95           

                3123.12, 3123.121, 3123.13, 3123.14, 3123.15,                   

                3123.19, 3123.20, 3123.21, 3123.22, 3123.24,       96           

                3123.25, 3123.26, 3123.27, 3123.28, 3123.29,       97           

                3123.30, 3123.31, 3123.32, 3123.33, 3123.34,                    

                3123.35, 3123.36, 3123.37, 3123.38, 3123.41,       98           

                3123.42, 3123.43, 3123.44, 3123.45, 3123.46,       99           

                3123.47, 3123.471, 3123.48, 3123.49, 3123.50,      100          

                3123.52, 3123.53, 3123.54, 3123.55, 3123.56,                    

                3123.57, 3123.58, 3123.581, 3123.59, 3123.60,      101          

                3123.61, 3123.611, 3123.612, 3123.613, 3123.614,   102          

                3123.615, 3123.63, 3123.66, 3123.67, 3123.68,                   

                3123.69, 3123.70, 3123.71, 3123.72, 3123.73,       103          

                3123.74, 3123.741, 3123.75, 3123.76, 3123.77,      104          

                3123.78, 3123.82, 3123.821, 3123.822, 3123.823,    105          

                3123.87, 3123.91, 3123.92, 3123.921, 3123.93,                   

                3123.931, 3123.932, 3123.95, 3123.951, 3123.952,   106          

                3123.953, 3123.954, 3123.955, 3123.956, 3123.957,  107          

                3123.958, 3123.959, 3123.9510, 3123.96, 3123.961,  108          

                                                          5      


                                                                 
                3123.962, 3123.99, 3125.01, 3125.02, 3125.03,                   

                3125.04, 3125.05, 3125.06, 3125.08, 3125.10,       109          

                3125.11, 3125.12, 3125.13, 3125.14, 3125.15,       110          

                3125.16, 3125.19, 3125.20, 3125.21, 3125.22,                    

                3125.24, 3125.25, 3125.27, 3125.28, 3125.29,       111          

                3125.30, 3125.36, 3125.37, 3125.39, 3125.41,       112          

                3125.42, 3125.43, 3125.44, 3125.45, 3125.46,       113          

                3125.47, 3125.48, 3125.49, 3125.50, 3125.51,                    

                3125.58, 3125.59, 3125.60, and 3125.99; and to     114          

                repeal sections 2301.34, 2301.35, 2301.353,        115          

                2301.355, 2301.357, 2301.36, 2301.37, 2301.372,                 

                2301.373, 2301.374, 2301.38, 2301.40, 2301.41,     116          

                2301.43, 2301.44, 2301.45, 2301.46, 3111.19,       117          

                3111.20, 3111.21, 3111.211, 3111.22, 3111.23,      118          

                3111.231, 3111.24, 3111.241, 3111.242, 3111.25,                 

                3111.26, 3111.27, 3111.28, 3113.21, 3113.211,      119          

                3113.213, 3113.214, 3113.215, 3113.216, 3113.217,  120          

                3113.218, 5101.31, 5101.311, 5101.312, 5101.314,   121          

                5101.315, 5101.319, 5101.321, 5101.323, 5101.324,  122          

                and 5101.325 of the Revised Code to make changes                

                to the laws governing child support.               123          




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        125          

      Section 1.  That sections 109.573, 145.27, 145.56, 145.75,   127          

149.43, 169.03, 169.08, 329.04, 742.41, 742.47, 909.131, 917.24,   128          

918.45, 919.21, 921.30, 926.102, 927.521, 943.19, 1321.05,         129          

1321.84, 1322.101, 1347.08, 1349.01, 1533.82, 1541.42, 1547.544,   130          

1561.52, 1565.25, 1905.201, 2151.23, 2151.231, 2151.232, 2151.33,  131          

2151.36, 2151.49, 2301.03, 2301.356, 2301.358, 2301.371,           132          

2301.375, 2301.39, 2301.99, 2317.02, 2329.66, 2705.02, 2705.031,   133          

2716.01, 2919.22, 2919.231, 3103.03, 3103.031, 3105.18, 3105.21,   134          

3105.63, 3105.65, 3107.01, 3107.06, 3107.064, 3109.04, 3109.05,    135          

3109.051, 3109.052, 3109.12, 3109.19, 3109.21, 3109.27, 3109.28,   136          

                                                          6      


                                                                 
3111.01, 3111.02, 3111.03, 3111.04, 3111.06, 3111.07, 3111.08,     137          

3111.09, 3111.10, 3111.11, 3111.111, 3111.12, 3111.13, 3111.15,    138          

3111.16, 3111.17, 3111.221, 3111.29, 3111.30, 3111.31, 3111.34,    139          

3111.35, 3111.36, 3111.37, 3111.38, 3111.99, 3113.04, 3113.07,     140          

3113.16, 3113.212, 3113.219, 3113.31, 3113.99, 3115.01, 3115.14,                

3115.16, 3115.31, 3115.32, 3115.33, 3115.34, 3115.35, 3115.36,     141          

3115.37, 3115.42, 3115.49, 3115.52, 3115.56, 3301.071, 3301.074,   143          

3301.71, 3304.42, 3305.08, 3307.21, 3307.71, 3309.22, 3309.66,     144          

3319.088, 3319.29, 3319.31, 3319.312, 3332.031, 3332.18,           145          

3701.915, 3705.09, 3705.091, 3710.19, 3719.82, 3723.18, 3727.17,   146          

3737.883, 3742.20, 3770.07, 3770.071, 3773.36, 3773.42, 3773.59,   147          

3783.09, 3905.53, 3921.281, 3924.48, 3924.49, 3931.13, 3941.02,    148          

3949.22, 3951.10, 3959.17, 4104.21, 4123.67, 4141.16, 4141.28,     149          

4501.25, 4506.071, 4507.08, 4507.111, 4507.16, 4507.34, 4507.99,   150          

4511.191, 4701.28, 4703.12, 4703.16, 4703.36, 4703.52, 4705.021,   151          

4707.23, 4709.26, 4713.27, 4715.40, 4717.16, 4723.07, 4723.09,     152          

4723.341, 4723.63, 4725.20, 4725.531, 4727.031, 4728.031,          153          

4729.67, 4730.251, 4731.76, 4732.27, 4733.15, 4733.27, 4734.22,    154          

4735.05, 4735.33, 4736.17, 4738.072, 4739.07, 4739.16, 4740.101,   155          

4741.02, 4741.32, 4747.16, 4749.14, 4751.12, 4753.071, 4753.15,    156          

4755.04, 4755.09, 4755.61, 4755.66, 4757.19, 4759.11, 4761.03,     157          

4761.12, 4763.03, 4763.18, 4765.56, 5101.313, 5101.316, 5101.317,  158          

5101.318, 5101.32, 5101.322, 5101.326, 5101.327, 5101.36,          159          

5101.37, 5101.99, 5104.011, 5104.44, 5107.20, 5123.083, 5126.251,  160          

5153.16, 5505.04, 5505.22, 5703.21, 5747.121, and 5747.18 be       161          

amended; sections 2301.354 (3125.17), 2301.356 (3111.61),          162          

2301.358 (3111.53), 2301.371 (3121.07), 2301.375 (3123.62),        163          

2301.39 (3123.16), 3111.221 (3111.58), 3111.29 (3111.19), 3111.30  164          

(3111.88), 3111.31 (3111.89), 3111.32 (3111.90), 3111.33           165          

(3111.91), 3111.34 (3111.92), 3111.35 (3111.93), 3111.36           166          

(3111.94), 3111.37 (3111.95), 3111.38 (3111.96), 3113.16           167          

(3121.08), 3113.212 (3121.14), 3113.219 (3123.17), 3113.2110       168          

(3123.18), 3701.915 (3748.121), 3921.281 (3921.331), 5101.313      169          

(3111.69), 5101.316 (3121.92), 5101.317 (3125.38), 5101.318        170          

                                                          7      


                                                                 
(3121.91), 5101.32 (3123.81), 5101.322 (3125.07), 5101.326         171          

(3123.85), and 5101.327 (3123.88) be amended for the purpose of    172          

adopting new section numbers as indicated in parentheses; and new  173          

sections 3111.20, 3111.21, 3111.22, 3111.23, 3111.24, 3111.25,     174          

3111.26, 3111.27, 3111.28, 3111.29, 3111.30, 3111.31, 3111.32,     175          

3111.33, 3111.34, 3111.35, and 3111.38, and sections 3111.381,     176          

3111.39, 3111.40, 3111.41, 3111.42, 3111.421, 3111.43, 3111.44,    177          

3111.45, 3111.46, 3111.47, 3111.48, 3111.49, 3111.50, 3111.51,     178          

3111.52, 3111.53,  3111.54, 3111.611, 3111.64, 3111.65, 3111.66,   179          

3111.67, 3111.71, 3111.72, 3111.73, 3111.74, 3111.77, 3111.78,     180          

3111.80, 3111.81, 3111.82, 3111.821, 3111.83, 3111.831, 3111.832,  181          

3111.84, 3111.85, 3119.01, 3119.02, 3119.021, 3119.022, 3119.023,  182          

3119.024, 3119.03, 3119.04, 3119.05, 3119.06, 3119.07, 3119.08,    183          

3119.09, 3119.14, 3119.15, 3119.16, 3119.17, 3119.18, 3119.19,     184          

3119.22, 3119.23, 3119.24, 3119.27, 3119.28, 3119.30, 3119.301,    185          

3119.31, 3119.33, 3119.34, 3119.35, 3119.37, 3119.38, 3119.40,     186          

3119.41, 3119.43, 3119.44, 3119.45, 3119.46, 3119.47, 3119.48,     187          

3119.49, 3119.491, 3119.50, 3119.51, 3119.52, 3119.53, 3119.54,    188          

3119.56, 3119.57, 3119.58, 3119.60, 3119.61, 3119.63, 3119.64,     189          

3119.65, 3119.66, 3119.67, 3119.68, 3119.69, 3119.70, 3119.71,     190          

3119.72, 3119.73, 3119.74, 3119.75, 3119.76, 3119.79, 3119.80,     191          

3119.81, 3119.82, 3119.83, 3119.84, 3119.86, 3119.87, 3119.88,     192          

3119.89, 3119.90, 3119.91, 3119.92, 3119.93, 3119.94, 3119.95,     193          

3121.01, 3121.02, 3121.03, 3121.031, 3121.032, 3121.033,           194          

3121.034, 3121.035, 3121.036, 3121.037, 3121.038, 3121.039,        195          

3121.0310, 3121.0311, 3121.04, 3121.05, 3121.06, 3121.11,          196          

3121.12, 3121.15, 3121.16, 3121.18, 3121.19, 3121.20, 3121.21,     197          

3121.23, 3121.24, 3121.25, 3121.27, 3121.28, 3121.29, 3121.30,     198          

3121.33, 3121.34, 3121.35, 3121.36, 3121.37, 3121.371, 3121.372,   199          

3121.38, 3121.381, 3121.39, 3121.43, 3121.44, 3121.45, 3121.46,    200          

3121.47, 3121.48, 3121.49, 3121.50, 3121.51, 3121.52, 3121.53,     201          

3121.54, 3121.56, 3121.57, 3121.58, 3121.59, 3121.60, 3121.63,     202          

3121.64, 3121.65, 3121.67, 3121.69, 3121.71, 3121.74, 3121.75,     203          

3121.76, 3121.77, 3121.78, 3121.81, 3121.82, 3121.83, 3121.84,                  

                                                          8      


                                                                 
3121.85, 3121.86, 3121.89, 3121.891, 3121.892, 3121.893,           204          

3121.894, 3121.895, 3121.896, 3121.897, 3121.898, 3121.899,        205          

3121.8910, 3121.8911, 3121.99, 3123.01, 3123.02, 3123.03,          206          

3123.031, 3123.04, 3123.05, 3123.06, 3123.061, 3123.062, 3123.07,  207          

3123.071, 3123.10, 3123.11, 3123.12, 3123.121, 3123.13, 3123.14,   208          

3123.15, 3123.19, 3123.20, 3123.21, 3123.22, 3123.24, 3123.25,     209          

3123.26, 3123.27, 3123.28, 3123.29, 3123.30, 3123.31, 3123.32,     210          

3123.33, 3123.34, 3123.35, 3123.36, 3123.37, 3123.38, 3123.41,     211          

3123.42, 3123.43, 3123.44, 3123.45, 3123.46, 3123.47, 3123.471,    212          

3123.48, 3123.49, 3123.50, 3123.52, 3123.53, 3123.54, 3123.55,     213          

3123.56, 3123.57, 3123.58, 3123.581, 3123.59, 3123.60, 3123.61,    214          

3123.611, 3123.612, 3123.613, 3123.614, 3123.615, 3123.63,         215          

3123.66, 3123.67, 3123.68, 3123.69, 3123.70, 3123.71, 3123.72,     216          

3123.73, 3123.74, 3123.741, 3123.75, 3123.76, 3123.77, 3123.78,    217          

3123.82, 3123.821, 3123.822, 3123.823, 3123.87, 3123.91, 3123.92,  218          

3123.921, 3123.93, 3123.931, 3123.932, 3123.95, 3123.951,          219          

3123.952, 3123.953, 3123.954, 3123.955, 3123.956, 3123.957,        220          

3123.958, 3123.959, 3123.9510, 3123.96, 3123.961, 3123.962,        221          

3123.99, 3125.01, 3125.02, 3125.03, 3125.04, 3125.05, 3125.06,     222          

3125.08, 3125.10, 3125.11, 3125.12, 3125.13, 3125.14, 3125.15,     223          

3125.16, 3125.19, 3125.20, 3125.21, 3125.22, 3125.24, 3125.25,     224          

3125.27, 3125.28, 3125.29, 3125.30, 3125.36, 3125.37, 3125.39,     225          

3125.41, 3125.42, 3125.43, 3125.44, 3125.45, 3125.46, 3125.47,     226          

3125.48, 3125.49, 3125.50, 3125.51, 3125.58, 3125.59, 3125.60,     227          

and 3125.99 of the Revised Code be enacted to read as follows:     228          

      Sec. 109.573.  (A)  As used in this section:                 237          

      (1)  "DNA" means human deoxyribonucleic acid.                239          

      (2)  "DNA analysis" means a laboratory analysis of a DNA     241          

specimen to identify DNA characteristics and to create a DNA       243          

record.                                                                         

      (3)  "DNA database" means a collection of DNA records from   246          

forensic casework or from crime scenes, specimens from anonymous                

and unidentified sources, and records collected pursuant to        248          

sections 2151.315 and 2901.07 of the Revised Code and a            249          

                                                          9      


                                                                 
population statistics database for determining the frequency of    250          

occurrence of characteristics in DNA records.                      251          

      (4)  "DNA record" means the objective result of a DNA        253          

analysis of a DNA specimen, including representations of DNA       255          

fragment lengths, digital images of autoradiographs, discrete                   

allele assignment numbers, and other DNA specimen characteristics  256          

that aid in establishing the identity of an individual.            257          

      (5) "DNA specimen" includes human blood cells or             259          

physiological tissues or body fluids.                              260          

      (6)  "Unidentified person database" means a collection of    262          

DNA records, and, on and after the effective date of this          263          

amendment MAY 21, 1998, of fingerprint and photograph records, of  265          

unidentified human corpses, human remains, or living individuals.               

      (7)  "Relatives of missing persons database" means a         267          

collection of DNA records of persons related by consanguinity of   269          

the first degree to a missing person.                              270          

      (8)  "Law enforcement agency" means a police department,     272          

the office of a sheriff, the state highway patrol, a county        273          

prosecuting attorney, or a federal, state, or local governmental   274          

body that enforces criminal laws and that has employees who have   275          

a statutory power of arrest.                                       276          

      (B)(1)  The superintendent of the bureau of criminal         278          

identification and investigation may do all of the following:      279          

      (a)  Establish and maintain a state DNA laboratory to        282          

perform DNA analysis of DNA specimens;                             283          

      (b)  Establish and maintain a DNA database;                  286          

      (c)  Establish and maintain an unidentified person database  289          

to aid in the establishment of the identity of unknown human                    

corpses, human remains, or living individuals;                     290          

      (d)  Establish and maintain a relatives of missing persons   293          

database for comparison with the unidentified person database to   294          

aid in the establishment of the identity of unknown human          295          

corpses, human remains, and living individuals.                                 

      (2)  If the bureau of criminal identification and            297          

                                                          10     


                                                                 
investigation establishes and maintains a DNA laboratory and a     298          

DNA database, the bureau may use or disclose information           299          

regarding DNA records for the following purposes:                  300          

      (a)  The bureau may disclose information to a law            302          

enforcement agency for purposes of identification.                 303          

      (b)  The bureau shall disclose pursuant to a court order     306          

issued under section 3111.09 of the Revised Code any information                

necessary to determine the existence of a parent and child         308          

relationship in an action brought under sections 3111.01 to                     

3111.19 3111.18 of the Revised Code.                               310          

      (c)  The bureau may use or disclose information from the     313          

population statistics database, for identification research and    314          

protocol development, or for quality control purposes.                          

      (3)  If the bureau of criminal identification and            316          

investigation establishes and maintains a relatives of missing     317          

persons database, all of the following apply:                      318          

      (a)  If a person has disappeared and has been continuously   321          

absent from the person's place of last domicile for a thirty-day   322          

or longer period of time without being heard from during the                    

period, persons related by consanguinity of the first degree to    324          

the missing person may submit to the bureau a DNA specimen, the    325          

bureau may include the DNA record of the specimen in the           327          

relatives of missing persons database, and, if the bureau does     328          

not include the DNA record of the specimen in the relatives of     329          

missing persons database, the bureau shall retain the DNA record   330          

for future reference and inclusion as appropriate in that          331          

database.                                                                       

      (b)  The bureau shall not charge a fee for the submission    334          

of a DNA specimen pursuant to division (B)(3)(a) of this section.  336          

      (c)  A physician, registered nurse, licensed practical       338          

nurse, duly licensed clinical laboratory technician, or other      339          

qualified medical practitioner shall conduct the collection        340          

procedure for the DNA specimen submitted pursuant to division      341          

(B)(3)(a) of this section and shall collect the DNA specimen in a  343          

                                                          11     


                                                                 
medically approved manner.  No later than fifteen days after the   344          

date of the collection of the DNA specimen, the person conducting  346          

the DNA specimen collection procedure shall cause the DNA          348          

specimen to be forwarded to the bureau of criminal identification  350          

and investigation in accordance with procedures established by     351          

the superintendent of the bureau under division (H) of this        352          

section.  The bureau may provide the specimen vials, mailing       353          

tubes, labels, postage, and instruction needed for the collection  354          

and forwarding of the DNA specimen to the bureau.                  356          

      (d)  The superintendent, in the superintendent's             358          

discretion, may compare DNA records in the relatives of missing    360          

persons database with the DNA records in the unidentified person   361          

database.                                                                       

      (4)  If the bureau of criminal identification and            363          

investigation establishes and maintains an unidentified person     364          

database and if the superintendent of the bureau identifies a      366          

matching DNA record for the DNA record of a person or deceased     367          

person whose DNA record is contained in the unidentified person    369          

database, the superintendent shall inform the coroner who          370          

submitted or the law enforcement agency that submitted the DNA     371          

specimen to the bureau of the match and, if possible, of the       372          

identity of the unidentified person.                                            

      (5)  The bureau of criminal identification and               374          

investigation may enter into a contract with a qualified public    375          

or private laboratory to perform DNA analyses, DNA specimen        376          

maintenance, preservation, and storage, DNA record keeping, and    377          

other duties required of the bureau under this section.  A public  378          

or private laboratory under contract with the bureau shall follow  379          

quality assurance and privacy requirements established by the      380          

superintendent of the bureau.                                                   

      (C)  The superintendent of the bureau of criminal            382          

identification and investigation shall establish procedures for    383          

entering into the DNA database the DNA records submitted pursuant  385          

to sections 2151.315 and 2901.07 of the Revised Code and for       386          

                                                          12     


                                                                 
determining an order of priority for entry of the DNA records      388          

based on the types of offenses committed by the persons whose      389          

records are submitted and the available resources of the bureau.                

      (D)  When a DNA record is derived from a DNA specimen        392          

provided pursuant to section 2151.315 or 2901.07 of the Revised                 

Code, the bureau of criminal identification and investigation      394          

shall attach to the DNA record personal identification             395          

information that identifies the person from whom the DNA specimen  396          

was taken.  The personal identification information may include    397          

the subject person's fingerprints and any other information the    398          

bureau determines necessary.  The DNA record and personal          399          

identification information attached to it shall be used only for   400          

the purpose of personal identification or for a purpose specified               

in this section.                                                   401          

      (E)  DNA records, DNA specimens, fingerprints, and           404          

photographs that the bureau of criminal identification and         405          

investigation receives pursuant to this section and sections       406          

313.08, 2151.315, and 2901.07 of the Revised Code and personal     408          

identification information attached to a DNA record are not        409          

public records under section 149.43 of the Revised Code.           410          

      (F)  The bureau of criminal identification and               412          

investigation may charge a reasonable fee for providing            413          

information pursuant to this section to any law enforcement        414          

agency located in another state.                                   415          

      (G)(1)  No person who because of the person's employment or  417          

official position has access to a DNA specimen, a DNA record, or   418          

other information contained in the DNA database that identifies    419          

an individual shall knowingly disclose that specimen, record, or   420          

information to any person or agency not entitled to receive it or  421          

otherwise shall misuse that specimen, record, or information.      422          

      (2)  No person without authorization or privilege to obtain  424          

information contained in the DNA database that identifies an       425          

individual person shall purposely obtain that information.         427          

      (H)  The superintendent of the bureau of criminal            429          

                                                          13     


                                                                 
identification and investigation shall establish procedures for    430          

all of the following:                                              431          

      (1)  The forwarding to the bureau of DNA specimens           433          

collected pursuant to division (H) of this section and sections    434          

313.08., 2151.315, and 2901.07 of the Revised Code and of          436          

fingerprints and photographs collected pursuant to section 313.08  437          

of the Revised Code;                                                            

      (2)  The collection, maintenance, preservation, and          439          

analysis of DNA specimens;                                         440          

      (3)  The creation, maintenance, and operation of the DNA     442          

database;                                                          443          

      (4)  The use and dissemination of information from the DNA   445          

database;                                                          446          

      (5)  The creation, maintenance, and operation of the         448          

unidentified person database;                                      449          

      (6)  The use and dissemination of information from the       451          

unidentified person database;                                      452          

      (7)  The creation, maintenance, and operation of the         454          

relatives of missing persons database;                             455          

      (8)  The use and dissemination of information from the       457          

relatives of missing persons database;                             458          

      (9)  The verification of entities requesting DNA records     460          

and other DNA information from the bureau and the authority of     461          

the entity to receive the information;                             462          

      (10)  The operation of the bureau and responsibilities of    464          

employees of the bureau with respect to the activities described   465          

in this section.                                                   466          

      Sec. 145.27.  (A)  The treasurer of state shall furnish      480          

annually to the public employees retirement board a sworn          481          

statement of the amount of the funds in the treasurer's TREASURER  482          

OF STATE'S custody belonging to the public employees retirement    485          

system.                                                                         

      (B)(1)  As used in this division, "personal history record"  487          

means information maintained by the board on a member, former      488          

                                                          14     


                                                                 
member, contributor, former contributor, retirant, or beneficiary  489          

that includes the address, telephone number, social security       490          

number, record of contributions, correspondence with the system,   491          

or other information the board determines to be confidential.      492          

      (2)  The records of the board shall be open to public        494          

inspection, except for the following, which shall be excluded,     495          

except with the written authorization of the individual            496          

concerned:                                                         497          

      (a)  The individual's statement of previous service and      499          

other information as provided for in section 145.16 of the         500          

Revised Code;                                                      501          

      (b)  The amount of a monthly allowance or benefit paid to    503          

the individual;                                                    504          

      (c)  The individual's personal history record.               506          

      (C)  All medical reports and recommendations required by     508          

sections 145.01 to 145.59 of the Revised Code are privileged,      509          

except that copies of such medical reports or recommendations      510          

shall be made available to the personal physician, attorney, or    511          

authorized agent of the individual concerned upon written release  512          

from the individual or the individual's agent, or when necessary   514          

for the proper administration of the fund, to the board assigned   515          

physician.                                                                      

      (D)  Any person who is a member or contributor of the        517          

system shall be furnished with a statement of the amount to the    518          

credit of the individual's account upon written request.  The      520          

board is not required to answer more than one such request of a    521          

person in any one year.  The board may issue annual statements of  522          

accounts to members and contributors.                              523          

      (E)  Notwithstanding the exceptions to public inspection in  525          

division (B)(2) of this section, the board may furnish the         526          

following information:                                             527          

      (1)  If a member, former member, contributor, former         529          

contributor, or retirant is subject to an order issued under       530          

section 2907.15 of the Revised Code or is convicted of or pleads   531          

                                                          15     


                                                                 
guilty to a violation of section 2921.41 of the Revised Code, on   532          

written request of a prosecutor as defined in section 2935.01 of   533          

the Revised Code, the board shall furnish to the prosecutor the    534          

information requested from the individual's personal history       535          

record.                                                            536          

      (2)  Pursuant to a court or administrative order issued      538          

under section 3111.23 PURSUANT TO CHAPTER 3119., 3121., 3123., or  540          

3113.21 3125. of the Revised Code, the board shall furnish to a    541          

court or child support enforcement agency the information          542          

required under that section.                                                    

      (3)  At the written request of any person, the board shall   544          

provide to the person a list of the names and addresses of         545          

members, former members, contributors, former contributors,        546          

retirants, or beneficiaries.  The costs of compiling, copying,     547          

and mailing the list shall be paid by such person.                 548          

      (4)  Within fourteen days after receiving from the director  550          

of human services a list of the names and social security numbers  551          

of recipients of public assistance pursuant to section 5101.181    552          

of the Revised Code, the board shall inform the auditor of state   553          

of the name, current or most recent employer address, and social   554          

security number of each member whose name and social security      555          

number are the same as that of a person whose name or social       556          

security number was submitted by the director.  The board and its  557          

employees shall, except for purposes of furnishing the auditor of  558          

state with information required by this section, preserve the      559          

confidentiality of recipients of public assistance in compliance   560          

with division (A) of section 5101.181 of the Revised Code.         561          

      (F)  A statement that contains information obtained from     563          

the system's records that is signed by the executive director of   564          

the retirement system and to which the system's official seal is   565          

affixed, or copies of the system's records to which the signature  566          

and seal are attached, shall be received as true copies of the     567          

system's records in any court or before any officer of this        568          

state.                                                             569          

                                                          16     


                                                                 
      Sec. 145.56.  The right of a person to a pension, an         578          

annuity, or a retirement allowance itself, any optional benefit,   579          

any other right accrued or accruing to any person, under sections  580          

145.01 to 145.58 of the Revised Code, or of any municipal          581          

retirement system established subject to such sections, under the  582          

laws of this state or any charter, the various funds created by    583          

sections 145.01 to 145.58 of the Revised Code, or under such       584          

municipal retirement system, and all moneys and investments and    585          

income thereof, are exempt from any state tax, except the tax      586          

imposed by section 5747.02 of the Revised Code and are exempt      588          

from any county, municipal, or other local tax, except taxes       589          

imposed pursuant to section 5748.02 or 5748.08 of the Revised      590          

Code and, except as provided in sections SECTION 145.57, 3111.23,  592          

and 3113.21 CHAPTERS 3119., 3121., 3123., AND 3125. of the         593          

Revised Code, shall not be subject to execution, garnishment,      594          

attachment, the operation of bankruptcy or the insolvency laws,    595          

or other process of law, and shall be unassignable except as       596          

specifically provided in sections 145.01 to 145.58, 3111.23, and   598          

3113.21 CHAPTERS 3119., 3121., 3123., AND 3125. of the Revised     599          

Code.                                                                           

      Sec. 145.75.  Except as provided in sections 145.71 to       608          

145.76, 3105.171, 3105.63, and 3113.21 CHAPTERS 3119., 3121.,      609          

3123., AND 3125. of the Revised Code, a participant account or     610          

any benefit or other right accrued or accruing to any person       611          

under sections 145.71 to 145.76 of the Revised Code or under a     612          

deferred compensation program offered by a government unit, as     613          

defined in section 145.74 of the Revised Code, or by a municipal   614          

corporation shall not be subject to execution, garnishment,                     

attachment, sale to satisfy a judgment or order, the operation of  615          

bankruptcy or insolvency laws, or other process of law and shall   616          

be unassignable.                                                                

      Sec. 149.43.  (A)  As used in this section:                  625          

      (1)  "Public record" means any record that is kept by any    627          

public office, including, but not limited to, state, county,       628          

                                                          17     


                                                                 
city, village, township, and school district units, except that    630          

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

      (a)  Medical records;                                        632          

      (b)  Records pertaining to probation and parole              634          

proceedings;                                                                    

      (c)  Records pertaining to actions under section 2151.85     636          

and division (C) of section 2919.121 of the Revised Code and to    638          

appeals of actions arising under those sections;                   639          

      (d)  Records pertaining to adoption proceedings, including   641          

the contents of an adoption file maintained by the department of   642          

health under section 3705.12 of the Revised Code;                  643          

      (e)  Information in a record contained in the putative       645          

father registry established by section 3107.062 of the Revised     646          

Code, regardless of whether the information is held by the         647          

department of human services or, pursuant to section 5101.313      648          

3111.69 of the Revised Code, the division OFFICE of child support  649          

in the department or a child support enforcement agency;           650          

      (f)  Records listed in division (A) of section 3107.42 of    652          

the Revised Code or specified in division (A) of section 3107.52   653          

of the Revised Code;                                                            

      (g)  Trial preparation records;                              655          

      (h)  Confidential law enforcement investigatory records;     657          

      (i)  Records containing information that is confidential     659          

under section 2317.023 or 4112.05 of the Revised Code;             660          

      (j)  DNA records stored in the DNA database pursuant to      663          

section 109.573 of the Revised Code;                                            

      (k)  Inmate records released by the department of            665          

rehabilitation and correction to the department of youth services  667          

or a court of record pursuant to division (E) of section 5120.21   668          

of the Revised Code;                                                            

      (l)  Records maintained by the department of youth services  670          

pertaining to children in its custody released by the department   671          

of youth services to the department of rehabilitation and          672          

correction pursuant to section 5139.05 of the Revised Code;        673          

                                                          18     


                                                                 
      (m)  Intellectual property records;                          675          

      (n)  Donor profile records;                                  677          

      (o)  Records maintained by the department of human services  679          

pursuant to section 5101.312 3121.894 of the Revised Code;         680          

      (p)  Records the release of which is prohibited by state or  682          

federal law.                                                       683          

      (2)  "Confidential law enforcement investigatory record"     685          

means any record that pertains to a law enforcement matter of a    686          

criminal, quasi-criminal, civil, or administrative nature, but     687          

only to the extent that the release of the record would create a   688          

high probability of disclosure of any of the following:            689          

      (a)  The identity of a suspect who has not been charged      691          

with the offense to which the record pertains, or of an            692          

information source or witness to whom confidentiality has been     693          

reasonably promised;                                               694          

      (b)  Information provided by an information source or        696          

witness to whom confidentiality has been reasonably promised,      697          

which information would reasonably tend to disclose the source's   698          

or witness's identity;                                             699          

      (c)  Specific confidential investigatory techniques or       701          

procedures or specific investigatory work product;                 702          

      (d)  Information that would endanger the life or physical    704          

safety of law enforcement personnel, a crime victim, a witness,    705          

or a confidential information source.                              706          

      (3)  "Medical record" means any document or combination of   708          

documents, except births, deaths, and the fact of admission to or  709          

discharge from a hospital, that pertains to the medical history,   710          

diagnosis, prognosis, or medical condition of a patient and that   711          

is generated and maintained in the process of medical treatment.   712          

      (4)  "Trial preparation record" means any record that        714          

contains information that is specifically compiled in reasonable   715          

anticipation of, or in defense of, a civil or criminal action or   716          

proceeding, including the independent thought processes and        717          

personal trial preparation of an attorney.                         718          

                                                          19     


                                                                 
      (5)  "Intellectual property record" means a record, other    721          

than a financial or administrative record, that is produced or                  

collected by or for faculty or staff of a state institution of     722          

higher learning in the conduct of or as a result of study or       723          

research on an educational, commercial, scientific, artistic,      724          

technical, or scholarly issue, regardless of whether the study or  725          

research was sponsored by the institution alone or in conjunction               

with a governmental body or private concern, and that has not      727          

been publicly released, published, or patented.                    728          

      (6)  "Donor profile record" means all records about donors   730          

or potential donors to a public institution of higher education    731          

except the names and reported addresses of the actual donors and   732          

the date, amount, and conditions of the actual donation.           733          

      (B)  All public records shall be promptly prepared and made  735          

available for inspection to any person at all reasonable times     736          

during regular business hours.  Upon request, a person             737          

responsible for public records shall make copies available at      738          

cost, within a reasonable period of time.  In order to facilitate  739          

broader access to public records, governmental units shall         740          

maintain public records in a manner that they can be made          741          

available for inspection in accordance with this division.         742          

      (C)  If a person allegedly is aggrieved by the failure of a  744          

governmental unit to promptly prepare a public record and to make  745          

it available to the person for inspection in accordance with       746          

division (B) of this section, or if a person who has requested a   748          

copy of a public record allegedly is aggrieved by the failure of   749          

a person responsible for the public record to make a copy          750          

available to the person allegedly aggrieved in accordance with     752          

division (B) of this section, the person allegedly aggrieved may   753          

commence a mandamus action to obtain a judgment that orders the    754          

governmental unit or the person responsible for the public record  755          

to comply with division (B) of this section and that awards        756          

reasonable attorney's fees to the person that instituted the       757          

mandamus action.  The mandamus action may be commenced in the                   

                                                          20     


                                                                 
court of common pleas of the county in which division (B) of this  758          

section allegedly was not complied with, in the supreme court      759          

pursuant to its original jurisdiction under Section 2 of Article   760          

IV, Ohio Constitution, or in the court of appeals for the          761          

appellate district in which division (B) of this section           762          

allegedly was not complied with pursuant to its original           763          

jurisdiction under Section 3 of Article IV, Ohio Constitution.     764          

      (D)  Chapter 1347. of the Revised Code does not limit the    766          

provisions of this section.                                        767          

      (E)(1)  The bureau of motor vehicles may adopt rules         769          

pursuant to Chapter 119. of the Revised Code to reasonably limit   771          

the number of bulk commercial special extraction requests made by               

a person for the same records or for updated records during a      772          

calendar year.  The rules may include provisions for charges to    773          

be made for bulk commercial special extraction requests for the    775          

actual cost of the bureau, plus special extraction costs, plus     776          

ten per cent.  The bureau may charge for expenses for redacting    777          

information, the release of which is prohibited by law.            778          

      (2)  As used in division (E)(1) of this section:             780          

      (a)  "Actual cost" means the cost of depleted supplies,      782          

records storage media costs, actual mailing and alternative        783          

delivery costs, or other transmitting costs, and any direct        784          

equipment operating and maintenance costs, including actual costs  785          

paid to private contractors for copying services.                  786          

      (b)  "Bulk commercial special extraction request" means a    788          

request for copies of a record for information in a format other   789          

than the format already available, or information that cannot be   790          

extracted without examination of all items in a records series,    791          

class of records, or data base by a person who intends to use or   792          

forward the copies for surveys, marketing, solicitation, or        793          

resale for commercial purposes.  "Bulk commercial special          794          

extraction request" does not include a request by a person who     795          

gives assurance to the bureau that the person making the request   796          

does not intend to use or forward the requested copies for         797          

                                                          21     


                                                                 
surveys, marketing, solicitation, or resale for commercial         798          

purposes.                                                                       

      (c)  "Commercial" means profit-seeking production, buying,   800          

or selling of any good, service, or other product.                 801          

      (d)  "Special extraction costs" means the cost of the time   803          

spent by the lowest paid employee competent to perform the task,   804          

the actual amount paid to outside private contractors employed by  805          

the bureau, or the actual cost incurred to create computer         806          

programs to make the special extraction.  "Special extraction      807          

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

or records services.                                               808          

      (3)  For purposes of divisions (E)(1) and (2) of this        811          

section, "commercial surveys, marketing, solicitation, or resale"  812          

shall be narrowly construed and does not include reporting or                   

gathering news, reporting or gathering information to assist       814          

citizen oversight or understanding of the operation or activities  815          

of government, or nonprofit educational research.                  816          

      Sec. 169.03.  (A)(1)  Every holder of unclaimed funds and,   825          

when requested, EVERY person which could be the holder of          826          

unclaimed funds, under this chapter shall report to the director   827          

of commerce with respect to the unclaimed funds as provided in     828          

this section.  The report shall be verified.                       829          

      (2)  With respect to items of unclaimed funds each having a  831          

value of ten dollars or more, the report required under division   832          

(A)(1) of this section shall include:                              833          

      (a)  The full name, if known, and last known address, if     835          

any, of each person appearing from the records of the holder to    836          

be the owner of unclaimed funds under this chapter;                837          

      (b)  In the case of unclaimed funds reported by holders      839          

providing life insurance coverage, the full name of the insured    840          

or annuitant and beneficiary, if any, and their last known         841          

addresses according to such holder's records;                      842          

      (c)  The nature and identifying number, if any, or           844          

description of the funds and the amount appearing from the         845          

                                                          22     


                                                                 
records to be due;                                                 846          

      (d)  The date when the funds became payable, demandable, or  848          

returnable and the date of the last transaction with the owner     849          

with respect to the funds except with respect to each item of      850          

unclaimed funds having a value of less than twenty-five dollars;   851          

      (e)  Subject to division (I) of this section, the social     853          

security number of the owner of the unclaimed funds, if it is      854          

available;                                                                      

      (f)  Other information which the director prescribes as      856          

necessary for the administration of this chapter.                  857          

      (3)  With respect to items of unclaimed funds each having a  859          

value of less than ten dollars, the report required under          860          

division (A)(1) of this section shall include:                     861          

      (a)  Each category of items of unclaimed funds as described  863          

in section 169.02 of the Revised Code;                             864          

      (b)  The number of items of unclaimed funds within each      866          

category;                                                          867          

      (c)  The aggregated value of the items of unclaimed funds    869          

within each category.                                              870          

      (B)  If the holder of unclaimed funds is a successor to      872          

other organizations that previously held the funds for the owner,  873          

or if the holder has changed its name while holding the funds, it  874          

shall file with the report all prior known names and addresses     875          

and date and state of incorporation or formation of each holder    876          

of the funds.                                                      877          

      (C)  The report shall be filed before the first day of       879          

November of each year as of the preceding thirtieth day of June,   880          

but the report of holders providing life insurance coverage shall  881          

be filed before the first day of May of each year as of the        882          

preceding thirty-first day of December.  The director may          883          

postpone, for good cause shown, the reporting date upon written    884          

request by any holder required to file a report.                   885          

      (D)  The holder of unclaimed funds under this chapter shall  887          

send notice to each owner of each item of unclaimed funds having   888          

                                                          23     


                                                                 
a value of twenty-five dollars or more at the last known address   889          

of the owner as shown by the records of the holder before filing   890          

the annual report.  In case of holders providing life insurance    891          

coverage, such notice shall also be mailed to each beneficiary at  892          

the last known address of such beneficiary as shown by the         893          

records of such holder, except that such notice to beneficiaries   894          

shall not be mailed if such address is the same as that of the     895          

insured and the surname of the beneficiary is the same as that of  896          

the insured.  The holder shall not report an item of unclaimed     897          

funds earlier than the thirtieth day after the mailing of notice   898          

required by this division.                                         899          

      Such notice shall set forth the nature and identifying       901          

number, if any, or description of the funds and the amount         902          

appearing on the records of the holder to be due the owner, and    903          

shall inform the owner that the funds will, thirty days after the  904          

mailing of such notice, be reported as unclaimed funds under this  905          

chapter.  A self-addressed, stamped envelope shall be included     906          

with the notice, with instructions that the owner may use such     907          

envelope to inform the holder of the owner's continued interest    909          

in the funds and, if so informed before the date for making the    910          

report to the director, the holder shall not report said funds to  911          

the director.  The notice shall be mailed by first class mail.     912          

If there is no address of record for the owner or other person     913          

entitled to the unclaimed funds, the holder is relieved of any     914          

responsibility of sending notice, attempting to notify, or         915          

notifying the owner.  The mailing of notice pursuant to this       916          

section shall discharge the holder from any further                917          

responsibility to give notice.                                     918          

      (E)  Verification of the report and of the mailing of        920          

notice, where required, shall be executed by an officer of the     921          

reporting holder.                                                  922          

      (F)  The director may at reasonable times and upon           924          

reasonable notice examine or cause to be examined, by auditors of  925          

supervisory departments or divisions of the state, the records of  926          

                                                          24     


                                                                 
any holder to determine compliance with this chapter.  The         928          

director may enter into contracts, pursuant to procedures          929          

prescribed by the director, with persons for the sole purpose of   930          

examining the records of holders, determining compliance with      931          

this chapter, and collecting, taking possession of, and remitting  932          

to the department's division of unclaimed funds, in a timely       933          

manner, the amounts found and defined as unclaimed.  Holders       934          

shall retain records, designated by the director as applicable to  935          

unclaimed funds, for five years beyond the relevant time period    936          

provided in section 169.02 of the Revised Code, or until           937          

completion of an audit conducted pursuant to this division,        938          

whichever occurs first.                                            939          

      Records audited pursuant to this division are confidential,  941          

and shall not be disclosed except as required by section 169.06    942          

of the Revised Code or as the director considers necessary in the  943          

proper administration of this chapter.                             944          

      (G)  All holders shall make sufficient investigation of      946          

their records to ensure that the funds reported to the director    948          

are unclaimed as set forth in division (B) of section 169.01 and   949          

section 169.02 of the Revised Code.                                950          

      (H)  The expiration of any period of limitations on or       952          

after March 1, 1968, within which a person entitled to any         953          

moneys, rights to moneys, or intangible property could have        954          

commenced an action or proceeding to obtain the same shall not     955          

prevent such items from becoming unclaimed funds or relieve the    956          

holder thereof of any duty to report and give notice as provided   957          

in this section and deliver the same in the manner provided in     958          

section 169.05 of the Revised Code, provided that the holder may   959          

comply with the provisions of this section and section 169.05 of   960          

the Revised Code with respect to any moneys, rights to moneys, or  961          

intangible property as to which the applicable statute of          962          

limitations has run prior to March 1, 1968, and in such event the  963          

holder shall be entitled to the protective provisions of section   964          

169.07 of the Revised Code.                                        965          

                                                          25     


                                                                 
      (I)  No social security number contained in a report made    967          

pursuant to this section shall be used by the department of        968          

commerce for any purpose other than to enable the division of      969          

unclaimed funds to carry out the purposes of this chapter and for  970          

child support purposes in response to a request made by the        971          

division OFFICE of child support in the department of human        972          

services made pursuant to section 5101.327 3123.88 of the Revised  973          

Code.                                                                           

      Sec. 169.08.  (A)  Any person claiming a property interest   982          

in unclaimed funds delivered or reported to the state under        983          

Chapter 169. of the Revised Code, including the division OFFICE    984          

of child support in the department of human services, pursuant to  985          

section 5101.327 3123.88 of the Revised Code, may file a claim     987          

thereto on the form prescribed by the director of commerce.        988          

      (B)  The director shall consider matters relevant to any     990          

claim filed under division (A) of this section and shall hold a    991          

formal hearing if requested or considered necessary and receive    992          

evidence concerning such claim.  A finding and decision in         993          

writing on each claim filed shall be prepared, stating the         994          

substance of any evidence received or heard and the reasons for    995          

allowance or disallowance of the claim.  The evidence and          996          

decision shall be a public record.  No statute of limitations      997          

shall bar the allowance of a claim.                                998          

      (C)  For the purpose of conducting any hearing, the          1,000        

director may require the attendance of such witnesses and the      1,001        

production of such books, records, and papers as the director      1,002        

desires, and the director may take the depositions of witnesses    1,004        

residing within or without this state in the same manner as is     1,006        

prescribed by law for the taking of depositions in civil actions   1,007        

in the court of common pleas, and for that purpose the director    1,008        

may issue a subpoena for any witness or a subpoena duces tecum to  1,009        

compel the production of any books, records, or papers, directed   1,010        

to the sheriff of the county where such witness resides or is      1,011        

found, which shall be served and returned.  The fees and mileage   1,012        

                                                          26     


                                                                 
of the sheriff and witnesses shall be the same as that allowed in  1,013        

the court of common pleas in criminal cases.  Fees and mileage     1,014        

shall be paid from the unclaimed funds trust fund.                 1,015        

      (D)  Interest is not payable to claimants of unclaimed       1,017        

funds held by the state.  Claims shall be paid from the trust      1,018        

fund.  If the amount available in the trust fund is not            1,019        

sufficient to pay pending claims, or other amounts disbursable     1,020        

from the trust fund, the treasurer of state shall certify such     1,021        

fact to the director, who shall then withdraw such amount of       1,022        

funds from the mortgage accounts as the director determines        1,023        

necessary to reestablish the trust fund to a level required to     1,025        

pay anticipated claims but not more than ten per cent of the net   1,026        

unclaimed funds reported to date.                                  1,027        

      The director shall retain in the trust fund, as a fee for    1,029        

administering the funds, five per cent of the total amount of      1,030        

unclaimed funds payable to the claimant and may withdraw the       1,031        

funds paid to the director by the holders and deposited by the     1,032        

director with the treasurer of state or in a financial             1,033        

institution as agent for such funds.  Whenever these funds are     1,034        

inadequate to meet the requirements for the trust fund, the        1,035        

director shall provide for a withdrawal of funds, within a         1,037        

reasonable time, in such amount as is necessary to meet the        1,038        

requirements, from financial institutions in which such funds      1,039        

were retained or placed by a holder and from other holders who     1,040        

have retained funds, in an equitable manner as prescribed by the   1,041        

director.  In the event that the amount to be withdrawn from any   1,043        

one such holder is less than five hundred dollars, the amount to   1,044        

be withdrawn shall be at the discretion of the director.  Such     1,045        

funds may be reimbursed in the amounts withdrawn when the trust    1,046        

fund has a surplus over the amount required to pay anticipated     1,047        

claims.  Whenever the trust fund has a surplus over the amount     1,048        

required to pay anticipated claims, the director may transfer      1,049        

such surplus to the mortgage accounts.                             1,050        

      (E)  If a claim which is allowed under this section relates  1,052        

                                                          27     


                                                                 
to funds which have been retained by the reporting holder, and if  1,053        

the funds, on deposit with the treasurer of state pursuant to      1,054        

this chapter, are insufficient to pay claims, the director may     1,055        

notify such holder in writing of the payment of the claim and      1,056        

such holder shall immediately reimburse the state in the amount    1,057        

of such claim.  The reimbursement shall be credited to the         1,058        

unclaimed funds trust fund.                                        1,059        

      (F)  Any person, including the division OFFICE of child      1,061        

support, adversely affected by a decision of the director may      1,063        

appeal such decision in the manner provided in Chapter 119. of     1,064        

the Revised Code.                                                               

      In the event the claimant prevails, the claimant shall be    1,066        

reimbursed for reasonable attorney's fees and costs.               1,068        

      (G)  Notwithstanding anything to the contrary in this        1,070        

chapter, any holder who has paid moneys to or entered into an      1,071        

agreement with the director pursuant to section 169.05 of the      1,072        

Revised Code on certified checks, cashiers' checks, bills of       1,073        

exchange, letters of credit, drafts, money orders, or travelers'   1,074        

checks, may make payment to any person entitled thereto,           1,075        

including the division OFFICE of child support, and upon           1,076        

surrender of the document, except in the case of travelers'        1,077        

checks, and proof of such payment, the director shall reimburse    1,078        

the holder for such payment without interest.                      1,079        

      Sec. 329.04.  (A)  The county department of human services   1,088        

shall have, exercise, and perform the following powers and         1,089        

duties:                                                                         

      (1)  Perform any duties assigned by the department of human  1,092        

services regarding the provision of public social services,        1,093        

including the provision of the following services to prevent or    1,094        

reduce economic or personal dependency and to strengthen family    1,095        

life:                                                                           

      (a)  Services authorized by Title IV-A of the "Social        1,097        

Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,   1,099        

and known in this state as the Ohio works first program            1,100        

                                                          28     


                                                                 
established by Chapter 5107. of the Revised Code and the           1,101        

prevention, retention, and contingency program established under   1,102        

Chapter 5108. of the Revised Code;                                              

      (b)  Social services authorized by Title XX of the "Social   1,105        

Security Act" and provided for by section 5101.46 of the Revised                

Code;                                                                           

      (c)  If the county department is designated as the child     1,107        

support enforcement agency, services authorized by Title IV-D of   1,108        

the "Social Security Act" and provided for by sections 2301.34 to  1,109        

2301.44 CHAPTER 3125. of the Revised Code.  The county department  1,111        

may perform the services itself or contract with other government  1,113        

entities, and, pursuant to division (C) of section 2301.35 and     1,114        

section 2301.42 of the Revised Code, private entities, to perform  1,115        

the Title IV-D services.                                                        

      (2)  Administer disability assistance under Chapter 5115.    1,117        

of the Revised Code as required by the state department of human   1,118        

services;                                                                       

      (3)  Administer burials insofar as the administration of     1,120        

burials was, prior to September 12, 1947, imposed upon the board   1,121        

of county commissioners and if otherwise required by state law;    1,122        

      (4)  Cooperate with state and federal authorities in any     1,124        

matter relating to human services and to act as the agent of such  1,125        

authorities;                                                                    

      (5)  Submit an annual account of its work and expenses to    1,128        

the board of county commissioners and to the department of human   1,129        

services at the close of each fiscal year;                                      

      (6)  Exercise any powers and duties relating to human        1,132        

services imposed upon the county department of human services by   1,133        

law, by resolution of the board of county commissioners, or by                  

order of the governor, when authorized by law, to meet             1,134        

emergencies during war or peace;                                   1,135        

      (7)  Determine the eligibility for medical assistance of     1,137        

recipients of aid under Title XVI of the "Social Security Act";    1,138        

      (8)  Enter into a plan of cooperation with the board of      1,140        

                                                          29     


                                                                 
county commissioners under section 307.983, consult with the       1,142        

board in the development of the transportation work plan                        

developed under section 307.984, establish with the board          1,143        

procedures under section 307.985 for providing services to         1,144        

children whose families relocate frequently, and comply with the   1,145        

partnership agreement the board enters into under section 307.98                

and contracts the board enters into under sections 307.981 and     1,146        

307.982 of the Revised Code that affect the county department.     1,147        

      (B)  The powers and duties of a county department of human   1,149        

services are, and shall be exercised and performed, under the      1,150        

control and direction of the board of county commissioners.  The   1,151        

board may assign to the county department any power or duty of     1,152        

the board regarding human services.  If the new power or duty                   

necessitates the state department of human services changing its   1,153        

federal cost allocation plan, the county department may not        1,154        

implement the power or duty unless the United States department    1,155        

of health and human services approves the changes.                 1,156        

      Sec. 742.41.  (A)  As used in this section:                  1,169        

      (1)  "Other system retirant" has the same meaning as in      1,171        

section 742.26 of the Revised Code.                                1,172        

      (2)  "Personal history record" includes a member's, former   1,174        

member's, or other system retirant's name, address, phone number,  1,175        

social security number, record of contributions, correspondence    1,176        

with the police and firemen's disability and pension fund, status  1,177        

of any application for benefits, and any other information deemed  1,178        

confidential by the trustees of the fund.                          1,179        

      (B)  The treasurer of state shall furnish annually to the    1,181        

board of trustees of the fund a sworn statement of the amount of   1,182        

the funds in the treasurer of state's custody belonging to the     1,184        

police and firemen's disability and pension fund.  The records of  1,185        

the board shall be open for public inspection except for the       1,186        

following, which shall be excluded, except with the written        1,187        

authorization of the individual concerned:                         1,188        

      (1)  The individual's personal history record;               1,190        

                                                          30     


                                                                 
      (2)  Any information identifying, by name and address, the   1,192        

amount of a monthly allowance or benefit paid to the individual.   1,193        

      (C)  All medical reports and recommendations required are    1,195        

privileged, except that copies of such medical reports or          1,196        

recommendations shall be made available to the personal            1,197        

physician, attorney, or authorized agent of the individual         1,198        

concerned upon written release received from the individual or     1,200        

the individual's agent or, when necessary for the proper           1,201        

administration of the fund, to the board assigned physician.       1,202        

      (D)  Any person who is a member of the fund or an other      1,204        

system retirant shall be furnished with a statement of the amount  1,205        

to the credit of the person's individual account upon the          1,207        

person's written request.  The board need not answer more than     1,208        

one such request of a person in any one year.                      1,209        

      (E)  Notwithstanding the exceptions to public inspection in  1,211        

division (B) of this section, the board may furnish the following  1,212        

information:                                                       1,213        

      (1)  If a member, former member, or other system retirant    1,215        

is subject to an order issued under section 2907.15 of the         1,216        

Revised Code or is convicted of or pleads guilty to a violation    1,217        

of section 2921.41 of the Revised Code, on written request of a    1,218        

prosecutor as defined in section 2935.01 of the Revised Code, the  1,219        

board shall furnish to the prosecutor the information requested    1,220        

from the individual's personal history record.                     1,221        

      (2)  Pursuant to a court order issued under section 3113.21  1,223        

PURSUANT TO CHAPTER 3119., 3121., 3123., OR 3125. of the Revised   1,225        

Code, the board shall furnish to a court or child support          1,226        

enforcement agency the information required under that section.    1,227        

      (3)  At the request of any organization or association of    1,229        

members of the fund, the board of trustees of the fund shall       1,230        

provide a list of the names and addresses of members of the fund   1,231        

and other system retirants.  The board shall comply with the       1,232        

request of such organization or association at least once a year   1,233        

and may impose a reasonable charge for the list.                   1,234        

                                                          31     


                                                                 
      (4)  Within fourteen days after receiving from the director  1,236        

of human services a list of the names and social security numbers  1,237        

of recipients of public assistance pursuant to section 5101.181    1,238        

of the Revised Code, the board shall inform the auditor of state   1,239        

of the name, current or most recent employer address, and social   1,240        

security number of each member or other system retirant whose      1,241        

name and social security number are the same as that of a person   1,242        

whose name or social security number was submitted by the          1,243        

director.  The board and its employees shall, except for purposes  1,244        

of furnishing the auditor of state with information required by    1,245        

this section, preserve the confidentiality of recipients of        1,246        

public assistance in compliance with division (A) of section       1,247        

5101.181 of the Revised Code.                                      1,248        

      (F)  A statement that contains information obtained from     1,250        

the board's records that is signed by the secretary of the board   1,251        

of trustees of the police and firemen's disability and pension     1,252        

fund and to which the board's official seal is affixed, or copies  1,253        

of the board's records to which the signature and seal are         1,254        

attached, shall be received as true copies of the board's records  1,255        

in any court or before any officer of this state.                  1,256        

      Sec. 742.47.  Except as provided in sections SECTION         1,265        

742.461, 3111.23, and 3113.21 CHAPTERS 3119., 3121., 3123., AND    1,267        

3125. of the Revised Code, sums of money due or to become due to   1,268        

any person from the police and firemen's disability and pension    1,270        

fund are not liable to attachment, garnishment, levy, or seizure   1,272        

under any legal or equitable process, whether such sums remain     1,273        

with the treasurer of the fund or any officer or agent of the                   

board of trustees of the fund, or is in the course of              1,274        

transmission to the person entitled thereto, but shall inure       1,275        

wholly to the benefit of such person.                                           

      Sec. 909.131.  On receipt of a notice pursuant to section    1,285        

2301.373 3123.43 of the Revised Code, the director of agriculture  1,286        

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  1,287        

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        1,288        

                                                          32     


                                                                 
3123.63 OF THE REVISED CODE with respect to a certificate issued   1,289        

pursuant to this chapter.                                                       

      Sec. 917.24.  On receipt of a notice pursuant to section     1,299        

2301.373 3123.43 of the Revised Code, the director of agriculture  1,300        

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  1,301        

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        1,302        

3123.63 OF THE REVISED CODE with respect to a license issued       1,303        

pursuant to this chapter.                                                       

      Sec. 918.45.  On receipt of a notice pursuant to section     1,313        

2301.373 3123.43 of the Revised Code, the director of agriculture  1,314        

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  1,315        

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        1,316        

3123.63 OF THE REVISED CODE with respect to a license issued       1,317        

pursuant to this chapter.                                                       

      Sec. 919.21.  On receipt of a notice pursuant to section     1,327        

2301.373 3123.43 of the Revised Code, the director of agriculture  1,328        

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  1,329        

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        1,330        

3123.63 OF THE REVISED CODE with respect to a license issued       1,331        

pursuant to this chapter.                                                       

      Sec. 921.30.  On receipt of a notice pursuant to section     1,341        

2301.373 3123.43 of the Revised Code, the director of agriculture  1,342        

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  1,343        

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        1,344        

3123.63 OF THE REVISED CODE with respect to a license,             1,345        

certificate, or permit issued pursuant to this chapter.            1,346        

      Sec. 926.102.  On receipt of a notice pursuant to section    1,356        

2301.373 3123.43 of the Revised Code, the director of agriculture  1,357        

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  1,358        

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        1,359        

3123.63 OF THE REVISED CODE with respect to a license,             1,360        

certificate, or permit issued pursuant to this chapter.            1,361        

      Sec. 927.521.  On receipt of a notice pursuant to section    1,371        

2301.373 3123.43 of the Revised Code, the director of agriculture  1,372        

                                                          33     


                                                                 
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  1,373        

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        1,374        

3123.63 OF THE REVISED CODE with respect to a license,             1,375        

certificate, or permit issued pursuant to this chapter.            1,377        

      Sec. 943.19.  On receipt of a notice pursuant to section     1,387        

2301.373 3123.43 of the Revised Code, the director of agriculture  1,388        

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  1,389        

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        1,390        

3123.63 OF THE REVISED CODE with respect to a license,             1,391        

certificate, or permit issued pursuant to this chapter.            1,392        

      Sec. 1321.05.  Each license shall state the address at       1,401        

which the business is to be conducted and shall state fully the    1,402        

name of the licensee.  Each license shall be kept conspicuously    1,403        

posted in the place of business of the licensee and is not         1,404        

transferable or assignable.                                        1,405        

      Each license shall remain in effect until surrendered,       1,407        

revoked, or suspended under section 1321.08 or 2301.373 3123.47    1,409        

of the Revised Code.  Every licensee shall each year pay to the    1,410        

division of financial institutions a license fee and an            1,411        

assessment as determined by the superintendent pursuant to         1,413        

section 1321.20 of the Revised Code.  Payment of such renewal fee  1,414        

shall be according to the provisions of this section and the       1,415        

standard renewal procedure of sections 4745.01 to 4745.03 of the   1,416        

Revised Code.  No other or further license fee or assessment       1,417        

shall be required from any such licensee by the state or any       1,418        

political subdivision in the state.                                             

      Every licensee shall maintain for each license current       1,420        

assets of at least ten thousand dollars, either in use or readily  1,421        

available for use in the conduct of the business.                  1,422        

      Sec. 1321.84.  On receipt of a notice pursuant to section    1,432        

2301.373 3123.43 of the Revised Code, the division of consumer     1,433        

finance shall comply with that section SECTIONS 3123.41 TO         1,434        

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        1,436        

                                                          34     


                                                                 
license, certificate, or permit issued pursuant to this chapter.   1,438        

      Sec. 1322.101.  On receipt of a notice pursuant to section   1,448        

2301.373 3123.43 of the Revised Code, the division of financial    1,449        

institutions shall comply with that section SECTIONS 3123.41 TO    1,450        

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        1,452        

certificate issued pursuant to this chapter.                                    

      Sec. 1347.08.  (A)  Every state or local agency that         1,461        

maintains a personal information system, upon the request and the  1,462        

proper identification of any person who is the subject of          1,463        

personal information in the system, shall:                         1,464        

      (1)  Inform the person of the existence of any personal      1,466        

information in the system of which the person is the subject;      1,467        

      (2)  Except as provided in divisions (C) and (E)(2) of this  1,469        

section, permit the person, the person's legal guardian, or an     1,471        

attorney who presents a signed written authorization made by the   1,472        

person, to inspect all personal information in the system of       1,473        

which the person is the subject;                                   1,474        

      (3)  Inform the person about the types of uses made of the   1,476        

personal information, including the identity of any users usually  1,477        

granted access to the system.                                      1,478        

      (B)  Any person who wishes to exercise a right provided by   1,480        

this section may be accompanied by another individual of the       1,482        

person's choice.                                                                

      (C)(1)  A state or local agency, upon request, shall         1,484        

disclose medical, psychiatric, or psychological information to a   1,485        

person who is the subject of the information or to the person's    1,487        

legal guardian, unless a physician, psychiatrist, or psychologist               

determines for the agency that the disclosure of the information   1,488        

is likely to have an adverse effect on the person, in which case   1,489        

the information shall be released to a physician, psychiatrist,    1,490        

or psychologist who is designated by the person or by the          1,491        

person's legal guardian.                                           1,492        

      (2)  Upon the signed written request of either a licensed    1,494        

                                                          35     


                                                                 
attorney at law or a licensed physician designated by the inmate,  1,495        

together with the signed written request of an inmate of a         1,496        

correctional institution under the administration of the           1,497        

department of rehabilitation and correction, the department shall  1,498        

disclose medical information to the designated attorney or         1,499        

physician as provided in division (C) of section 5120.21 of the    1,500        

Revised Code.                                                      1,501        

      (D)  If an individual who is authorized to inspect personal  1,503        

information that is maintained in a personal information system    1,504        

requests the state or local agency that maintains the system to    1,505        

provide a copy of any personal information that the individual is  1,507        

authorized to inspect, the agency shall provide a copy of the      1,508        

personal information to the individual.  Each state and local      1,509        

agency may establish reasonable fees for the service of copying,   1,510        

upon request, personal information that is maintained by the       1,511        

agency.                                                                         

      (E)(1)  This section regulates access to personal            1,513        

information that is maintained in a personal information system    1,514        

by persons who are the subject of the information, but does not    1,515        

limit the authority of any person, including a person who is the   1,516        

subject of personal information maintained in a personal           1,517        

information system, to inspect or have copied, pursuant to         1,518        

section 149.43 of the Revised Code, a public record as defined in  1,519        

that section.                                                      1,520        

      (2)  This section does not provide a person who is the       1,522        

subject of personal information maintained in a personal           1,523        

information system, the person's legal guardian, or an attorney    1,525        

authorized by the person, with a right to inspect or have copied,  1,526        

or require an agency that maintains a personal information system  1,527        

to permit the inspection of or to copy, a confidential law         1,528        

enforcement investigatory record or trial preparation record, as   1,529        

defined in divisions (A)(2) and (4) of section 149.43 of the       1,530        

Revised Code.                                                                   

      (F)  This section does not apply to any of the following:    1,532        

                                                          36     


                                                                 
      (1)  The contents of an adoption file maintained by the      1,534        

department of health under section 3705.12 of the Revised Code;    1,535        

      (2)  Information contained in the putative father registry   1,537        

established by section 3107.062 of the Revised Code, regardless    1,538        

of whether the information is held by the department of human      1,540        

services or, pursuant to section 5101.313 3111.69 of the Revised   1,541        

Code, the division OFFICE of child support in the department or a  1,542        

child support enforcement agency;                                               

      (3)  Papers, records, and books that pertain to an adoption  1,544        

and that are subject to inspection in accordance with section      1,545        

3107.17 of the Revised Code;                                       1,546        

      (4)  Records listed in division (A) of section 3107.42 of    1,548        

the Revised Code or specified in division (A) of section 3107.52   1,549        

of the Revised Code;                                               1,550        

      (5)  Records that identify an individual described in        1,552        

division (A)(1) of section 3721.031 of the Revised Code, or that   1,553        

would tend to identify such an individual;                         1,554        

      (6)  Files and records that have been expunged under         1,556        

division (D)(1) of section 3721.23 of the Revised Code;            1,557        

      (7)  Records that identify an individual described in        1,559        

division (A)(1) of section 3721.25 of the Revised Code, or that    1,560        

would tend to identify such an individual;                         1,561        

      (8)  Records that identify an individual described in        1,563        

division (A)(1) of section 5111.61 of the Revised Code, or that    1,564        

would tend to identify such an individual.                         1,565        

      Sec. 1349.01.  (A)  As used in this section:                 1,574        

      (1)  "Consumer reporting agency" has the same meaning as in  1,576        

the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A.        1,577        

1681a.                                                             1,578        

      (2)  "Court" means the division of the court of common       1,580        

pleas having jurisdiction over actions for divorce, annulment,     1,581        

dissolution of marriage, legal separation, child support, or       1,582        

spousal support.                                                   1,583        

      (3)  "Health insurance coverage" means hospital, surgical,   1,585        

                                                          37     


                                                                 
or medical expense coverage provided under any health insurance    1,586        

or health care policy, contract, or plan or any other health       1,587        

benefits arrangement.                                              1,588        

      (4)  "Provider" has the same meaning as in section 3901.38   1,590        

of the Revised Code.                                               1,591        

      (B)  If, pursuant to an action for divorce, annulment,       1,593        

dissolution of marriage, or legal separation, the court            1,594        

determines that a party who is a resident of this state is         1,595        

responsible for obtaining health insurance coverage for the        1,597        

party's former spouse or children or if, pursuant to a child       1,598        

support order issued in accordance with section 3113.217 SECTIONS  1,599        

3119.30 TO 3119.58 of the Revised Code, the court requires a       1,600        

party who is a resident of this state to obtain health insurance   1,602        

coverage for the children who are the subject of the child         1,603        

support order, and the party fails to obtain such coverage, no     1,604        

provider or collection agency shall collect or attempt to collect  1,605        

from the former spouse, children, or person responsible for the    1,606        

children, any reimbursement of any hospital, surgical, or medical  1,607        

expenses incurred by the provider for services rendered to the     1,608        

former spouse or children, which expenses would have been covered  1,609        

but for the failure of the party to obtain the coverage, if the    1,610        

former spouse, any of the children, or a person responsible for    1,611        

the children, provides the following to the provider or                         

collection agency:                                                 1,612        

      (1)  A copy of the court order requiring the party to        1,614        

obtain health insurance coverage for the former spouse or          1,615        

children.                                                                       

      (2)  Reasonable assistance in locating the party and         1,617        

obtaining information about the party's health insurance           1,618        

coverage.                                                                       

      (C)  If the requirements of divisions (B)(1) and (2) of      1,621        

this section are not met, the provider or collection agency may    1,622        

collect the hospital, surgical, or medical expenses both from the  1,623        

former spouse or person responsible for the children and from the  1,624        

                                                          38     


                                                                 
party who failed to obtain the coverage.  If the requirements of   1,625        

divisions (B)(1) and (2) are met, the provider or collection       1,626        

agency may collect or attempt to collect the expenses only from    1,627        

the party.                                                                      

      A party required to obtain health insurance coverage for a   1,629        

former spouse or children who fails to obtain the coverage is      1,630        

liable to the provider for the hospital, surgical, or medical      1,631        

expenses incurred by the provider as a result of the failure to    1,632        

obtain the coverage.  This section does not prohibit a former      1,633        

spouse or person responsible for the children from initiating an   1,634        

action to enforce the order requiring the party to obtain health   1,635        

insurance for the former spouse or children or to collect any      1,636        

amounts the former spouse or person responsible for the children   1,637        

pays for hospital, surgical, or medical expenses for which the     1,638        

party is responsible under the order requiring the party to        1,639        

obtain health insurance for the former spouse or children.         1,640        

      (D)(1)  If the requirements of divisions (B)(1) and (2) of   1,642        

this section are met, both of the following restrictions shall     1,643        

apply:                                                                          

      (a)  No collection agency or provider of hospital,           1,645        

surgical, or medical services may report to a consumer reporting   1,646        

agency, for inclusion in the credit file or credit report of the   1,647        

former spouse or person responsible for the children, any          1,648        

information relative to the nonpayment of expenses for the         1,649        

services incurred by the provider, if the nonpayment is the        1,650        

result of the failure of the party responsible for obtaining       1,651        

health insurance coverage to obtain health insurance coverage.     1,652        

      (b)  No consumer reporting agency shall include in the       1,654        

credit file or credit report of the former spouse or person        1,655        

responsible for the children, any information relative to the      1,656        

nonpayment of any hospital, surgical, or medical expenses          1,657        

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

obtain the coverage.                                               1,658        

      (2)  If the requirements of divisions (B)(1) and (2) of      1,660        

                                                          39     


                                                                 
this section are not met, both of the following provisions shall   1,661        

apply:                                                             1,662        

      (a)  A provider of hospital, surgical, or medical services,  1,664        

or a collection agency, may report to a consumer reporting         1,665        

agency, for inclusion in the credit file or credit report of the   1,666        

former spouse or person responsible for the children, any          1,667        

information relative to the nonpayment of expenses for the                      

services incurred by the provider, if the nonpayment is the        1,668        

result of the failure of the party responsible for obtaining       1,669        

health insurance coverage to obtain such coverage.                 1,670        

      (b)  A consumer reporting agency may include in the credit   1,672        

file or credit report of the former spouse or person responsible   1,673        

for the children, any information relative to the nonpayment of    1,674        

any hospital, surgical, or medical expenses incurred by the        1,675        

provider, if the nonpayment is the result of the failure of the    1,676        

party responsible for obtaining health insurance coverage to                    

obtain such coverage.                                              1,677        

      (3)(a)  A provider of hospital, surgical, or medical         1,679        

services, or a collection agency, may report to a consumer         1,680        

reporting agency, for inclusion in the credit file or credit       1,681        

report of that party, any information relative to the nonpayment   1,682        

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

nonpayment is the result of the failure of the party responsible   1,683        

for obtaining health insurance coverage to obtain such coverage.   1,684        

      (b)  A consumer reporting agency may include in the credit   1,686        

file or credit report of the party responsible for obtaining       1,687        

health insurance coverage, any information relative to the         1,688        

nonpayment of any hospital, surgical, or medical expenses          1,689        

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

failure of that party to obtain health insurance coverage.         1,690        

      (4)  If any information described in division (D)(2) of      1,692        

this section is placed in the credit file or credit report of the  1,693        

former spouse or person responsible for the children, the          1,694        

consumer reporting agency shall remove the information from the    1,695        

                                                          40     


                                                                 
credit file and credit report if the former spouse or person                    

responsible for the children provides the agency with the          1,696        

information required in divisions (B)(1) and (2) of this section.  1,697        

If the agency fails to remove the information from the credit      1,698        

file or credit report pursuant to the terms of the "Fair Credit    1,699        

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

reasonable time after receiving the information required by        1,700        

divisions (B)(1) and (2) of this section, the former spouse may    1,701        

initiate an action to require the agency to remove the             1,702        

information.                                                                    

      If any information described in division (D)(3) of this      1,704        

section is placed in the party's credit file or credit report,     1,705        

the party has the burden of proving that the party is not          1,706        

responsible for obtaining the health insurance coverage or, if     1,707        

responsible, that the expenses incurred are not covered expenses.               

If the party meets that burden, the agency shall remove the        1,708        

information from the party's credit file and credit report         1,709        

immediately.  If the agency fails to remove the information from   1,710        

the credit file or credit report immediately after the party       1,711        

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

agency to remove the information.                                  1,712        

      Sec. 1533.82.  (A)  On receipt of a notice pursuant to       1,721        

section 2301.373 3123.43 of the Revised Code, the chief of the     1,722        

division of wildlife shall comply with that section SECTIONS       1,724        

3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES                 

ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE with respect to  1,726        

a license, permit, or certificate issued pursuant to section       1,727        

1533.23, 1533.34, 1533.342, 1533.39, 1533.40, 1533.51, 1533.631,   1,728        

1533.71, 1533.72, 1533.81, 1533.88, or 1533.881 of the Revised     1,730        

Code.                                                                           

      (B)  On receipt of a notice pursuant to section 2301.375     1,732        

3123.62 of the Revised Code, the chief shall comply with that      1,733        

section AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF  1,734        

THE REVISED CODE with respect to a license, permit, or stamp       1,735        

                                                          41     


                                                                 
issued pursuant to section 1533.10, 1533.11, 1533.111, 1533.112,   1,736        

or 1533.32 of the Revised Code.                                                 

      Sec. 1541.42.  On receipt of a notice pursuant to section    1,746        

2301.373 3123.43 of the Revised Code, the chief of the division    1,747        

of parks and recreation shall comply with that section SECTIONS    1,748        

3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES                 

ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE with respect to  1,750        

a license issued pursuant to this chapter.                                      

      Sec. 1547.544.  On receipt of a notice pursuant to section   1,760        

2301.373 3123.43 of the Revised Code, the division of watercraft   1,761        

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  1,762        

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        1,763        

3123.63 OF THE REVISED CODE with respect to a certificate issued   1,764        

pursuant to section 1547.542 or 1547.543 of the Revised Code.      1,765        

      Sec. 1561.52.  On receipt of a notice pursuant to section    1,775        

2301.373 3123.43 of the Revised Code, the mine examining board     1,776        

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  1,778        

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        1,779        

3123.63 OF THE REVISED CODE with respect to a certificate issued   1,780        

pursuant to this chapter.                                                       

      Sec. 1565.25.  On receipt of a notice pursuant to section    1,789        

2301.373 3123.43 of the Revised Code, the mine examining board     1,790        

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  1,792        

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        1,793        

3123.63 OF THE REVISED CODE with respect to a certificate issued                

pursuant to this chapter.                                          1,794        

      Sec. 1905.201.  The mayor of a municipal corporation that    1,803        

has a mayor's court, and a mayor's court magistrate, are entitled  1,804        

to suspend or revoke, and shall suspend or revoke, in accordance   1,805        

with division (B) of section 4507.16 of the Revised Code, the      1,806        

driver's or commercial driver's license or permit or nonresident   1,807        

operating privilege of any person who is convicted of or pleads    1,808        

guilty to a violation of division (A) of section 4511.19 of the    1,809        

Revised Code, of a municipal ordinance relating to operating a     1,810        

                                                          42     


                                                                 
vehicle while under the influence of alcohol, a drug of abuse, or  1,811        

alcohol and a drug of abuse, or of a municipal ordinance relating  1,812        

to operating a vehicle with a prohibited concentration of alcohol  1,813        

in the blood, breath, or urine that is substantially equivalent    1,814        

to division (A) of section 4511.19 of the Revised Code.  The       1,815        

mayor of a municipal corporation that has a mayor's court, and a   1,816        

mayor's court magistrate, are entitled to suspend, and shall       1,817        

suspend, in accordance with division (E) of section 4507.16 of     1,818        

the Revised Code, the driver's, or commercial driver's license or  1,819        

permit or nonresident operating privilege of any person who is     1,820        

convicted of or pleads guilty to a violation of division (B) of    1,821        

section 4511.19 of the Revised Code or of a municipal ordinance    1,822        

relating to operating a vehicle with a prohibited concentration    1,823        

of alcohol in the blood, breath, or urine that is substantially    1,824        

equivalent to division (B) of section 4511.19 of the Revised       1,825        

Code.                                                              1,826        

      Suspension of a commercial driver's license under this       1,828        

section shall be concurrent with any period of disqualification    1,829        

under section 2301.374 3119.611 or 4506.16 of the Revised Code OR  1,831        

PERIOD OF SUSPENSION UNDER SECTION 3123.58 OF THE REVISED CODE.                 

No person who is disqualified for life from holding a commercial   1,832        

driver's license under section 4506.16 of the Revised Code shall   1,833        

be issued a driver's license under Chapter 4507. of the Revised    1,834        

Code during the period for which the commercial driver's license   1,835        

was suspended under this section, and no person whose commercial   1,836        

driver's license is suspended under this section shall be issued   1,837        

a driver's license under Chapter 4507. of the Revised Code during  1,838        

the period of the suspension.                                      1,839        

      Sec. 2151.23.  (A)  The juvenile court has exclusive         1,848        

original jurisdiction under the Revised Code as follows:           1,849        

      (1)  Concerning any child who on or about the date           1,851        

specified in the complaint is alleged to be a juvenile traffic     1,852        

offender or a delinquent, unruly, abused, neglected, or dependent  1,854        

child;                                                                          

                                                          43     


                                                                 
      (2)  Subject to division (V) of section 2301.03 of the       1,856        

Revised Code, to determine the custody of any child not a ward of  1,857        

another court of this state;                                       1,858        

      (3)  To hear and determine any application for a writ of     1,860        

habeas corpus involving the custody of a child;                    1,861        

      (4)  To exercise the powers and jurisdiction given the       1,863        

probate division of the court of common pleas in Chapter 5122. of  1,865        

the Revised Code, if the court has probable cause to believe that  1,866        

a child otherwise within the jurisdiction of the court is a                     

mentally ill person subject to hospitalization by court order, as  1,867        

defined in section 5122.01 of the Revised Code;                    1,868        

      (5)  To hear and determine all criminal cases charging       1,870        

adults with the violation of any section of this chapter;          1,871        

      (6)  To hear and determine all criminal cases in which an    1,873        

adult is charged with a violation of division (C) of section       1,874        

2919.21, division (B)(1) of section 2919.22, division (B) of       1,875        

section 2919.23, or section 2919.24 of the Revised Code, provided  1,876        

the charge is not included in an indictment that also charges the  1,877        

alleged adult offender with the commission of a felony arising     1,878        

out of the same actions that are the basis of the alleged          1,879        

violation of division (C) of section 2919.21, division (B)(1) of   1,880        

section 2919.22, division (B) of section 2919.23, or section       1,881        

2919.24 of the Revised Code;                                       1,882        

      (7)  Under the interstate compact on juveniles in section    1,884        

2151.56 of the Revised Code;                                       1,885        

      (8)  Concerning any child who is to be taken into custody    1,887        

pursuant to section 2151.31 of the Revised Code, upon being        1,888        

notified of the intent to take the child into custody and the      1,889        

reasons for taking the child into custody;                         1,890        

      (9)  To hear and determine requests for the extension of     1,892        

temporary custody agreements, and requests for court approval of   1,893        

permanent custody agreements, that are filed pursuant to section   1,894        

5103.15 of the Revised Code;                                       1,895        

      (10)  To hear and determine applications for consent to      1,897        

                                                          44     


                                                                 
marry pursuant to section 3101.04 of the Revised Code;             1,898        

      (11)  Subject to division (V) of section 2301.03 of the      1,900        

Revised Code, to hear and determine a request for an order for     1,901        

the support of any child if the request is not ancillary to an     1,902        

action for divorce, dissolution of marriage, annulment, or legal   1,903        

separation, a criminal or civil action involving an allegation of  1,904        

domestic violence, or an action for support brought under Chapter  1,905        

3115. of the Revised Code;                                         1,906        

      (12)  Concerning an action commenced under section 121.38    1,908        

of the Revised Code;                                               1,909        

      (13)  Concerning an action commenced under section 2151.55   1,911        

of the Revised Code.                                                            

      (B)  The juvenile court has original jurisdiction under the  1,913        

Revised Code:                                                      1,914        

      (1)  To hear and determine all cases of misdemeanors         1,916        

charging adults with any act or omission with respect to any       1,917        

child, which act or omission is a violation of any state law or    1,918        

any municipal ordinance;                                           1,919        

      (2)  To determine the paternity of any child alleged to      1,921        

have been born out of wedlock pursuant to sections 3111.01 to      1,922        

3111.19 3111.18 of the Revised Code;                               1,923        

      (3)  Under the uniform interstate family support act in      1,927        

Chapter 3115. of the Revised Code;                                              

      (4)  To hear and determine an application for an order for   1,929        

the support of any child, if the child is not a ward of another    1,930        

court of this state;                                               1,931        

      (5)  To hear and determine an action commenced under         1,933        

section 5101.314 3111.28 of the Revised Code.                      1,935        

      (C)  The juvenile court, except as to juvenile courts that   1,937        

are a separate division of the court of common pleas or a          1,938        

separate and independent juvenile court, has jurisdiction to       1,939        

hear, determine, and make a record of any action for divorce or    1,940        

legal separation that involves the custody or care of children     1,941        

and that is filed in the court of common pleas and certified by    1,942        

                                                          45     


                                                                 
the court of common pleas with all the papers filed in the action  1,943        

to the juvenile court for trial, provided that no certification    1,944        

of that nature shall be made to any juvenile court unless the      1,946        

consent of the juvenile judge first is obtained.  After a          1,947        

certification of that nature is made and consent is obtained, the  1,949        

juvenile court shall proceed as if the action originally had been  1,950        

begun in that court, except as to awards for spousal support or    1,951        

support due and unpaid at the time of certification, over which    1,952        

the juvenile court has no jurisdiction.                                         

      (D)  The juvenile court has jurisdiction to hear and         1,954        

determine all matters as to custody and support of children duly   1,955        

certified by the court of common pleas to the juvenile court       1,956        

after a divorce decree has been granted, including jurisdiction    1,957        

to modify the judgment and decree of the court of common pleas as  1,958        

the same relate to the custody and support of children.            1,959        

      (E)  The juvenile court has jurisdiction to hear and         1,961        

determine the case of any child certified to the court by any      1,962        

court of competent jurisdiction if the child comes within the      1,963        

jurisdiction of the juvenile court as defined by this section.     1,964        

      (F)(1)  The juvenile court shall exercise its jurisdiction   1,966        

in child custody matters in accordance with sections 3109.04,      1,967        

3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code.    1,968        

      (2)  The juvenile court shall exercise its jurisdiction in   1,970        

child support matters in accordance with section 3109.05 of the    1,971        

Revised Code.                                                      1,972        

      (G)(1)  Each order for child support made or modified by a   1,974        

juvenile court shall include as part of the order a general        1,976        

provision, as described in division (A)(1) of section 3113.21 of   1,977        

the Revised Code, requiring the withholding or deduction of        1,978        

income or assets of the obligor under the order as described in    1,979        

division (D) of section 3113.21 of the Revised Code, or another    1,981        

type of appropriate requirement as described in division (D)(3),   1,982        

(D)(4), or (H) of that section, to ensure that withholding or      1,984        

deduction from the income or assets of the obligor is available    1,986        

                                                          46     


                                                                 
from the commencement of the support order for collection of the   1,987        

support and of any arrearages that occur; a statement requiring    1,988        

all parties to the order to notify the child support enforcement   1,989        

agency in writing of their current mailing address, current        1,990        

residence address, current residence telephone number, and         1,991        

current driver's license number, and any changes to that           1,993        

information; and a notice that the requirement to notify the       1,995        

child support enforcement agency of all changes to that                         

information continues until further notice from the court.  Any    1,997        

juvenile court that makes or modifies an order for child support   1,998        

shall comply with sections 3113.21 to 3113.219 CHAPTERS 3119.,     2,000        

3121., 3123., AND 3125. of the Revised Code.  If any person        2,002        

required to pay child support under an order made by a juvenile    2,003        

court on or after April 15, 1985, or modified on or after          2,004        

December 1, 1986, is found in contempt of court for failure to     2,005        

make support payments under the order, the court that makes the    2,006        

finding, in addition to any other penalty or remedy imposed,       2,007        

shall assess all court costs arising out of the contempt           2,008        

proceeding against the person and require the person to pay any    2,009        

reasonable attorney's fees of any adverse party, as determined by  2,010        

the court, that arose in relation to the act of contempt.          2,011        

      (2)  Notwithstanding section 3109.01 of the Revised Code,    2,013        

if a juvenile court issues a child support order under this        2,014        

chapter, the order shall remain in effect beyond the child's       2,015        

eighteenth birthday as long as the child continuously attends on   2,016        

a full-time basis any recognized and accredited high school or     2,017        

the order provides that the duty of support of the child           2,018        

continues beyond the child's eighteenth birthday.  Except in       2,019        

cases in which the order provides that the duty of support         2,020        

continues for any period after the child reaches nineteen years    2,021        

of age the order shall not remain in effect after the child        2,022        

reaches nineteen years of age.  Any parent ordered to pay support  2,024        

under a child support order issued under this chapter shall        2,025        

continue to pay support under the order, including during          2,026        

                                                          47     


                                                                 
seasonal vacation periods, until the order terminates.             2,027        

      (H)  If a child who is charged with an act that would be an  2,029        

offense if committed by an adult was fourteen years of age or      2,030        

older and under eighteen years of age at the time of the alleged   2,031        

act and if the case is transferred for criminal prosecution        2,032        

pursuant to section 2151.26 of the Revised Code, the juvenile      2,034        

court does not have jurisdiction to hear or determine the case     2,035        

subsequent to the transfer.  The court to which the case is        2,036        

transferred for criminal prosecution pursuant to that section has  2,037        

jurisdiction subsequent to the transfer to hear and determine the  2,038        

case in the same manner as if the case originally had been         2,039        

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

jurisdiction to accept a plea of guilty or another plea            2,040        

authorized by Criminal Rule 11 or another section of the Revised   2,042        

Code and jurisdiction to accept a verdict and to enter a judgment  2,043        

of conviction pursuant to the Rules of Criminal Procedure against  2,044        

the child for the commission of the offense that was the basis of  2,045        

the transfer of the case for criminal prosecution, whether the     2,046        

conviction is for the same degree or a lesser degree of the        2,047        

offense charged, for the commission of a lesser-included offense,  2,048        

or for the commission of another offense that is different from    2,049        

the offense charged.                                               2,050        

      (I)  If a person under eighteen years of age allegedly       2,053        

commits an act that would be a felony if committed by an adult     2,054        

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

that act until after the person attains twenty-one years of age,   2,055        

the juvenile court does not have jurisdiction to hear or           2,056        

determine any portion of the case charging the person with         2,057        

committing that act.  In those circumstances, divisions (B) and    2,058        

(C) of section 2151.26 of the Revised Code do not apply regarding  2,059        

the act, the case charging the person with committing the act      2,060        

shall be a criminal prosecution commenced and heard in the         2,061        

appropriate court having jurisdiction of the offense as if the     2,062        

person had been eighteen years of age or older when the person     2,063        

                                                          48     


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

within the jurisdiction of the court having jurisdiction of the    2,064        

offense, and the court having jurisdiction of the offense has all  2,065        

the authority and duties in the case as it has in other criminal   2,066        

cases commenced in that court.                                                  

      Sec. 2151.231.  The parent, guardian, or custodian of a      2,075        

child, the person with whom a child resides, or the child support  2,076        

enforcement agency of the county in which the child, parent,       2,077        

guardian, or custodian of the child resides may bring an action    2,079        

in a juvenile court under this section requesting the court to                  

issue an order requiring a parent of the child to pay an amount    2,080        

for the support of the child without regard to the marital status  2,081        

of the child's parents.  NO ACTION MAY BE BROUGHT UNDER THIS       2,082        

SECTION AGAINST A PERSON PRESUMED TO BE THE PARENT OF A CHILD      2,083        

BASED ON AN ACKNOWLEDGMENT OF PATERNITY THAT HAS NOT YET BECOME    2,084        

FINAL UNDER FORMER SECTION 3111.211 OR 5101.314 OR SECTION                      

2151.232, 3111.25, OR 3111.821 OF THE REVISED CODE.                2,085        

      The parties to an action under this section may raise the    2,087        

issue of the existence or nonexistence of a parent-child           2,088        

relationship, unless a final and enforceable determination of the  2,089        

issue has been made with respect to the parties pursuant to        2,090        

Chapter 3111. of the Revised Code or an acknowledgment of          2,091        

paternity signed by the child's parents has become final pursuant               

to FORMER SECTION 3111.211 OR 5101.314 OR section 2151.232,        2,093        

3111.211 3111.25, or 5101.314 3111.821 of the Revised Code.  If a  2,094        

complaint is filed under this section and an issue concerning the  2,095        

existence or nonexistence of a parent-child relationship is        2,096        

raised, the court shall treat the action as an action pursuant to  2,097        

sections 3111.01 to 3111.19 3111.18 of the Revised Code.  An       2,098        

order issued in an action under this section does not preclude a   2,099        

party to the action from bringing a subsequent action pursuant to  2,100        

sections 3111.01 to 3111.19 3111.18 of the Revised Code if the     2,101        

issue concerning the existence or nonexistence of the              2,102        

parent-child relationship was not determined with respect to the   2,103        

                                                          49     


                                                                 
party pursuant to a proceeding under this section, a proceeding    2,104        

under Chapter 3111. of the Revised Code, or an acknowledgment of   2,105        

paternity that has become final under FORMER SECTION 3111.211 OR   2,106        

5101.314 OR section 2151.232, 3111.211 3111.25, or 5101.314        2,107        

3111.821 of the Revised Code.  An order issued pursuant to this    2,108        

section shall remain effective until an order is issued pursuant   2,109        

to sections 3111.01 to 3111.19 3111.18 of the Revised Code that a  2,110        

parent-child relationship does not exist between the alleged       2,113        

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

event described in division (G)(4)(a) of section 3113.21 3119.88   2,115        

of the Revised Code that would require the order to terminate.     2,116        

      The court, in accordance with section 3113.217 SECTIONS      2,118        

3119.30 TO 3119.58 of the Revised Code, shall include in each      2,120        

support order made under this section the requirement that one or  2,121        

both of the parents provide for the health care needs of the       2,122        

child to the satisfaction of the court.  THE COURT SHALL COMPLY    2,123        

WITH SECTIONS 3119.14 TO 3119.19 OF THE REVISED CODE WHEN ISSUING  2,124        

A SUPPORT ORDER UNDER THIS SECTION.                                2,125        

      Sec. 2151.232.  If an acknowledgment has been filed and      2,134        

entered into the birth registry pursuant to section 5101.314       2,135        

3111.24 of the Revised Code but has not yet become final, either   2,137        

parent who signed the acknowledgment may bring an action in the    2,138        

juvenile court under this section requesting that the court issue  2,139        

an order requiring a parent of the child to pay an amount for the               

support of the child in accordance with sections 3113.21 to        2,140        

3113.219 CHAPTERS 3119., 3121., 3123., AND 3125. of the Revised    2,142        

Code.                                                                           

      The parties to an action under this section may raise the    2,144        

issue of the existence or nonexistence of a parent-child           2,145        

relationship.  If an action is commenced pursuant to this section  2,146        

and the issue of the existence or nonexistence of a parent-child   2,147        

relationship is raised, the court shall treat the action as an     2,148        

action commenced pursuant to sections 3111.01 to 3111.19 3111.18   2,149        

of the Revised Code.  If the issue is raised, the court shall      2,150        

                                                          50     


                                                                 
promptly notify the division OFFICE of child support in the        2,151        

department of human services that it is conducting proceedings in  2,152        

compliance with sections 3111.01 to 3111.19 3111.18 of the                      

Revised Code.  On receipt of the notice by the division OFFICE,    2,153        

the acknowledgment of paternity signed by the parties and filed    2,155        

pursuant to section 5101.314 3111.23 of the Revised Code shall be  2,157        

considered rescinded.                                                           

      If the parties do not raise the issue of the existence or    2,159        

nonexistence of a parent-child relationship in the action and an   2,160        

order is issued pursuant to this section prior to the date the     2,161        

acknowledgment filed and entered on the birth registry under       2,162        

section 5101.314 of the Revised Code becomes final, the            2,163        

acknowledgment shall be considered final as of the date of the     2,164        

issuance of the order.  An order issued pursuant to this section                

shall not affect an acknowledgment that becomes final pursuant to  2,165        

section 5101.314 3111.25 of the Revised Code prior to the          2,166        

issuance of the order.                                             2,167        

      Sec. 2151.33.  (A)  Pending hearing of a complaint filed     2,176        

under section 2151.27 of the Revised Code or a motion filed or     2,177        

made under division (B) of this section and the service of         2,178        

citations, the juvenile court may make any temporary disposition   2,179        

of any child that it considers necessary to protect the best       2,180        

interest of the child and that can be made pursuant to division    2,181        

(B) of this section.  Upon the certificate of one or more          2,182        

reputable practicing physicians, the court may summarily provide   2,183        

for emergency medical and surgical treatment that appears to be    2,184        

immediately necessary to preserve the health and well-being of     2,185        

any child concerning whom a complaint or an application for care   2,186        

has been filed, pending the service of a citation upon the         2,187        

child's parents, guardian, or custodian.  The court may order the  2,188        

parents, guardian, or custodian, if the court finds the parents,   2,189        

guardian, or custodian able to do so, to reimburse the court for   2,190        

the expense involved in providing the emergency medical or         2,191        

surgical treatment.  Any person who disobeys the order for         2,192        

                                                          51     


                                                                 
reimbursement may be adjudged in contempt of court and punished    2,193        

accordingly.                                                       2,194        

      If the emergency medical or surgical treatment is furnished  2,196        

to a child who is found at the hearing to be a nonresident of the  2,197        

county in which the court is located and if the expense of the     2,198        

medical or surgical treatment cannot be recovered from the         2,199        

parents, legal guardian, or custodian of the child, the board of   2,200        

county commissioners of the county in which the child has a legal  2,201        

settlement shall reimburse the court for the reasonable cost of    2,202        

the emergency medical or surgical treatment out of its general     2,203        

fund.                                                              2,204        

      (B)(1)  After a complaint, petition, writ, or other          2,206        

document initiating a case dealing with an alleged or adjudicated  2,207        

abused, neglected, or dependent child is filed and upon the        2,208        

filing or making of a motion pursuant to division (C) of this      2,209        

section, the court, prior to the final disposition of the case,    2,210        

may issue any of the following temporary orders to protect the     2,211        

best interest of the child:                                        2,212        

      (a)  An order granting temporary custody of the child to a   2,214        

particular party;                                                  2,215        

      (b)  An order for the taking of the child into custody       2,217        

pursuant to section 2151.31 of the Revised Code pending the        2,218        

outcome of the adjudicatory and dispositional hearings;            2,219        

      (c)  An order granting, limiting, or eliminating PARENTING   2,221        

TIME OR visitation rights with respect to the child;               2,222        

      (d)  An order requiring a party to vacate a residence that   2,224        

will be lawfully occupied by the child;                            2,225        

      (e)  An order requiring a party to attend an appropriate     2,227        

counseling program that is reasonably available to that party;     2,228        

      (f)  Any other order that restrains or otherwise controls    2,230        

the conduct of any party which conduct would not be in the best    2,231        

interest of the child.                                             2,232        

      (2)  Prior to the final disposition of a case subject to     2,234        

division (B)(1) of this section, the court shall do both of the    2,235        

                                                          52     


                                                                 
following:                                                                      

      (a)  Issue an order pursuant to sections 3113.21 to          2,237        

3113.219 CHAPTERS 3119. TO 3125. of the Revised Code requiring     2,238        

the parents, guardian, or person charged with the child's support  2,240        

to pay support for the child.                                                   

      (b)  Issue an order requiring the parents, guardian, or      2,242        

person charged with the child's support to continue to maintain    2,243        

any health insurance coverage for the child that existed at the    2,244        

time of the filing of the complaint, petition, writ, or other      2,245        

document, or to obtain health insurance coverage in accordance     2,246        

with section 3113.217 SECTIONS 3119.30 TO 3119.58 of the Revised   2,248        

Code.                                                                           

      (C)(1)  A court may issue an order pursuant to division (B)  2,250        

of this section upon its own motion or if a party files a written  2,252        

motion or makes an oral motion requesting the issuance of the      2,253        

order and stating the reasons for it.  Any notice sent by the      2,254        

court as a result of a motion pursuant to this division shall      2,255        

contain a notice that any party to a juvenile proceeding has the   2,256        

right to be represented by counsel and to have appointed counsel   2,258        

if the person is indigent.                                                      

      (2)  If a child is taken into custody pursuant to section    2,260        

2151.31 of the Revised Code and placed in shelter care, the        2,261        

public children services agency or private child placing agency    2,262        

with which the child is placed in shelter care shall file or make  2,263        

a motion as described in division (C)(1) of this section before    2,264        

the end of the next day immediately after the date on which the    2,266        

child was taken into custody and, at a minimum, shall request an   2,267        

order for temporary custody under division (B)(1)(a) of this       2,268        

section.                                                                        

      (D)  The court may grant an ex parte order upon its own      2,271        

motion or a motion filed or made pursuant to division (C) of this  2,272        

section requesting such an order if it appears to the court that   2,274        

the best interest and the welfare of the child require that the    2,275        

court issue the order immediately.  The court, if acting on its    2,276        

                                                          53     


                                                                 
own motion, or the person requesting the granting of an ex parte   2,277        

order, to the extent possible, shall give notice of its intent or  2,278        

of the request to the parents, guardian, or custodian of the       2,279        

child who is the subject of the request.  If the court issues an   2,280        

ex parte order, the court shall hold a hearing to review the       2,281        

order within seventy-two hours after it is issued or before the    2,282        

end of the next day after the day on which it is issued,           2,283        

whichever occurs first.  The court shall give written notice of    2,284        

the hearing to all parties to the action and shall appoint a       2,285        

guardian ad litem for the child prior to the hearing.              2,286        

      The written notice shall be given by all means that are      2,288        

reasonably likely to result in the party receiving actual notice   2,289        

and shall include all of the following:                            2,290        

      (1)  The date, time, and location of the hearing;            2,292        

      (2)  The issues to be addressed at the hearing;              2,294        

      (3)  A statement that every party to the hearing has a       2,296        

right to counsel and to court-appointed counsel, if the party is   2,297        

indigent;                                                          2,298        

      (4)  The name, telephone number, and address of the person   2,300        

requesting the order;                                              2,301        

      (5)  A copy of the order, except when it is not possible to  2,303        

obtain it because of the exigent circumstances in the case.        2,304        

      If the court does not grant an ex parte order pursuant to a  2,306        

motion filed or made pursuant to division (C) of this section or   2,308        

its own motion, the court shall hold a shelter care hearing on     2,309        

the motion within ten days after the motion is filed.  The court   2,310        

shall give notice of the hearing to all affected parties in the    2,311        

same manner as set forth in the Juvenile Rules.                                 

      (E)  The court, pending the outcome of the adjudicatory and  2,313        

dispositional hearings, shall not issue an order granting          2,314        

temporary custody of a child to a public children services agency  2,315        

or private child placing agency pursuant to this section, unless   2,316        

the court determines and specifically states in the order that     2,317        

the continued residence of the child in the child's current home   2,318        

                                                          54     


                                                                 
will be contrary to the child's best interest and welfare.         2,319        

      (F)  Each public children services agency and private child  2,321        

placing agency that receives temporary custody of a child          2,322        

pursuant to this section shall maintain in the child's case        2,323        

record written documentation that it has placed the child, to the  2,324        

extent that it is consistent with the best interest, welfare, and  2,325        

special needs of the child, in the most family-like setting        2,326        

available and in close proximity to the home of the parents,       2,327        

custodian, or guardian of the child.                               2,328        

      (G)  For good cause shown, any court order that is issued    2,330        

pursuant to this section may be reviewed by the court at any time  2,331        

upon motion of any party to the action or upon the motion of the   2,332        

court.                                                             2,333        

      Sec. 2151.36.  When a child has been committed as provided   2,342        

by this chapter, the juvenile court shall issue an order pursuant  2,344        

to sections 3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND  2,345        

3125. of the Revised Code requiring that the parent, guardian, or  2,348        

person charged with the child's support pay for the care,                       

support, maintenance, and education of the child.  The juvenile    2,350        

court shall order that the parents, guardian, or person pay for    2,352        

the expenses involved in providing orthopedic, medical, or         2,353        

surgical treatment for, or for special care of, the child, enter   2,354        

a judgment for the amount due, and enforce the judgment by         2,355        

execution as in the court of common pleas.                                      

      Any expenses incurred for the care, support, maintenance,    2,357        

education, orthopedic, medical, or surgical treatment, and         2,359        

special care of a child who has a legal settlement in another      2,360        

county shall be at the expense of the county of legal settlement   2,361        

if the consent of the juvenile judge of the county of legal        2,362        

settlement is first obtained.  When the consent is obtained, the   2,363        

board of county commissioners of the county in which the child     2,364        

has a legal settlement shall reimburse the committing court for    2,365        

the expenses out of its general fund.  If the department of human  2,366        

services considers it to be in the best interest of any            2,367        

                                                          55     


                                                                 
delinquent, dependent, unruly, abused, or neglected child who has  2,368        

a legal settlement in a foreign state or country that the child    2,369        

be returned to the state or country of legal settlement, the       2,370        

juvenile court may commit the child to the department for the      2,371        

child's return to that state or country.                           2,372        

      Any expenses ordered by the court for the care, support,     2,375        

maintenance, education, orthopedic, medical, or surgical                        

treatment, or special care of a dependent, neglected, abused,      2,377        

unruly, or delinquent child or of a juvenile traffic offender                   

under this chapter, except the part of the expense that may be     2,379        

paid by the state or federal government or paid by the parents,    2,381        

guardians, or person charged with the child's support pursuant to  2,382        

this section, shall be paid from the county treasury upon          2,383        

specifically itemized vouchers, certified to by the judge.  The    2,384        

court shall not be responsible for any expenses resulting from     2,386        

the commitment of children to any home, public children services   2,387        

agency, private child placing agency, or other institution,        2,388        

association, or agency, unless the court authorized the expenses   2,391        

at the time of commitment.                                                      

      Sec. 2151.49.  In every case of conviction under sections    2,400        

2151.01 to 2151.54 of the Revised Code, where imprisonment is      2,401        

imposed as part of the punishment, the juvenile judge may suspend  2,402        

sentence, before or during commitment, upon such condition as the  2,403        

juvenile judge imposes.  In the case of conviction for             2,404        

non-support NONSUPPORT of a child who is receiving aid under       2,405        

Chapter 5107. or 5115. of the Revised Code, if the juvenile judge  2,406        

suspends sentence on condition that the person make payments for   2,407        

support, the payment shall be made to the county department of     2,408        

human services rather than to the child or custodian of the                     

child.                                                                          

      The court, in accordance with section 3113.217 SECTIONS      2,410        

3119.30 TO 3119.58 of the Revised Code, shall include in each      2,411        

support order made under this section the requirement that one or  2,412        

both of the parents provide for the health care needs of the       2,413        

                                                          56     


                                                                 
child to the satisfaction of the court.  THE COURT SHALL COMPLY    2,414        

WITH SECTIONS 3119.14 TO 3119.19 OF THE REVISED CODE WHEN ISSUING  2,415        

A SUPPORT ORDER UNDER THIS SECTION.                                2,416        

      Sec. 2301.03.  (A)  In Franklin county, the judges of the    2,425        

court of common pleas whose terms begin on January 1, 1953,        2,426        

January 2, 1953, January 5, 1969, January 5, 1977, and January 2,  2,427        

1997, and successors, shall have the same qualifications,          2,428        

exercise the same powers and jurisdiction, and receive the same    2,429        

compensation as other judges of the court of common pleas of       2,430        

Franklin county and shall be elected and designated as judges of   2,431        

the court of common pleas, division of domestic relations.  They   2,432        

shall have all the powers relating to juvenile courts, and all     2,433        

cases under Chapter 2151. of the Revised Code, all parentage       2,434        

proceedings under Chapter 3111. of the Revised Code over which     2,435        

the juvenile court has jurisdiction, and all divorce, dissolution  2,436        

of marriage, legal separation, and annulment cases shall be        2,437        

assigned to them.  In addition to the judge's regular duties, the  2,438        

judge who is senior in point of service shall serve on the         2,440        

children services board and the county advisory board and shall    2,441        

be the administrator of the domestic relations division and its    2,442        

subdivisions and departments.                                                   

      (B)(1)  In Hamilton county, the judge of the court of        2,444        

common pleas, whose term begins on January 1, 1957, and            2,445        

successors, and the judge of the court of common pleas, whose      2,446        

term begins on February 14, 1967, and successors, shall be the     2,447        

juvenile judges as provided in Chapter 2151. of the Revised Code,  2,448        

with the powers and jurisdiction conferred by that chapter.        2,449        

      (2)  The judges of the court of common pleas whose terms     2,451        

begin on January 5, 1957, January 16, 1981, and July 1, 1991, and  2,452        

successors, shall be elected and designated as judges of the       2,453        

court of common pleas, division of domestic relations, and shall   2,454        

have assigned to them all divorce, dissolution of marriage, legal  2,455        

separation, and annulment cases coming before the court.  On or    2,456        

after the first day of July and before the first day of August of  2,457        

                                                          57     


                                                                 
1991 and each year thereafter, a majority of the judges of the     2,458        

division of domestic relations shall elect one of the judges of    2,459        

the division as administrative judge of that division.  If a       2,460        

majority of the judges of the division of domestic relations are   2,461        

unable for any reason to elect an administrative judge for the     2,463        

division before the first day of August, a majority of the judges  2,464        

of the Hamilton county court of common pleas, as soon as possible  2,465        

after that date, shall elect one of the judges of the division of  2,466        

domestic relations as administrative judge of that division.  The  2,467        

term of the administrative judge shall begin on the earlier of     2,468        

the first day of August of the year in which the administrative    2,469        

judge is elected or the date on which the administrative judge is  2,471        

elected by a majority of the judges of the Hamilton county court   2,474        

of common pleas and shall terminate on the date on which the       2,475        

administrative judge's successor is elected in the following       2,476        

year.                                                              2,477        

      In addition to the judge's regular duties, the               2,479        

administrative judge of the division of domestic relations shall   2,481        

be the administrator of the domestic relations division and its    2,482        

subdivisions and departments and shall have charge of the          2,483        

employment, assignment, and supervision of the personnel of the    2,484        

division engaged in handling, servicing, or investigating          2,485        

divorce, dissolution of marriage, legal separation, and annulment  2,486        

cases, including any referees considered necessary by the judges   2,487        

in the discharge of their various duties.                          2,488        

      The administrative judge of the division of domestic         2,490        

relations also shall designate the title, compensation, expense    2,491        

allowances, hours, leaves of absence, and vacations of the         2,492        

personnel of the division, and shall fix the duties of its         2,493        

personnel.  The duties of the personnel, in addition to those      2,494        

provided for in other sections of the Revised Code, shall include  2,495        

the handling, servicing, and investigation of divorce,             2,496        

dissolution of marriage, legal separation, and annulment cases     2,497        

and counseling and conciliation services that may be made          2,498        

                                                          58     


                                                                 
available to persons requesting them, whether or not the persons   2,499        

are parties to an action pending in the division.                  2,500        

      The board of county commissioners shall appropriate the sum  2,502        

of money each year as will meet all the administrative expenses    2,503        

of the division of domestic relations, including reasonable        2,504        

expenses of the domestic relations judges and the division         2,505        

counselors and other employees designated to conduct the           2,506        

handling, servicing, and investigation of divorce, dissolution of  2,507        

marriage, legal separation, and annulment cases, conciliation and  2,508        

counseling, and all matters relating to those cases and            2,509        

counseling, and the expenses involved in the attendance of         2,510        

division personnel at domestic relations and welfare conferences   2,511        

designated by the division, and the further sum each year as will  2,512        

provide for the adequate operation of the division of domestic     2,513        

relations.                                                         2,514        

      The compensation and expenses of all employees and the       2,516        

salary and expenses of the judges shall be paid by the county      2,517        

treasurer from the money appropriated for the operation of the     2,518        

division, upon the warrant of the county auditor, certified to by  2,519        

the administrative judge of the division of domestic relations.    2,520        

      The summonses, warrants, citations, subpoenas, and other     2,522        

writs of the division may issue to a bailiff, constable, or staff  2,523        

investigator of the division or to the sheriff of any county or    2,524        

any marshal, constable, or police officer, and the provisions of   2,525        

law relating to the subpoenaing of witnesses in other cases shall  2,526        

apply insofar as they are applicable.  When a summons, warrant,    2,527        

citation, subpoena, or other writ is issued to an officer, other   2,528        

than a bailiff, constable, or staff investigator of the division,  2,529        

the expense of serving it shall be assessed as a part of the       2,530        

costs in the case involved.                                        2,531        

      (3)  The judge of the court of common pleas of Hamilton      2,534        

County whose term begins on January 3, 1997, shall be elected and  2,535        

designated for one term only as the drug court judge of the court  2,536        

of common pleas of Hamilton County, and the successors to that     2,538        

                                                          59     


                                                                 
judge shall be elected and designated as judges of the general     2,539        

division of the court of common pleas of Hamilton county and       2,540        

shall not have the authority granted by division (B)(3) of this    2,541        

section.  The drug court judge may accept or reject any case       2,542        

referred to the drug court judge under division (B)(3) of this     2,543        

section.  After the drug court judge accepts a referred case, the  2,544        

drug court judge has full authority over the case, including the   2,545        

authority to conduct arraignment, accept pleas, enter findings     2,546        

and dispositions, conduct trials, order treatment, and if          2,547        

treatment is not successfully completed pronounce and enter        2,548        

sentence.                                                                       

      A judge of the general division of the court of common       2,550        

pleas of Hamilton County and a judge of the Hamilton County        2,552        

municipal court may refer to the drug court judge any case, and    2,553        

any companion cases, the judge determines meet the criteria        2,554        

described under divisions (B)(3)(a) and (b) of this section.  If   2,556        

the drug court judge accepts referral of a referred case, the      2,557        

case, and any companion cases, shall be transferred to the drug    2,559        

court judge.  A judge may refer a case meeting the criteria                     

described in divisions (B)(3)(a) and (b) of this section that      2,561        

involves a violation of a term of probation to the drug court      2,562        

judge, and, if the drug court judge accepts the referral, the      2,564        

referring judge and the drug court judge have concurrent           2,565        

jurisdiction over the case.                                                     

      A judge of the general division of the court of common       2,567        

pleas of Hamilton County and a judge of the Hamilton County        2,568        

municipal court may refer a case to the drug court judge under     2,569        

division (B)(3) of this section if the judge determines that both  2,570        

of the following apply:                                                         

      (a)  One of the following applies:                           2,572        

      (i)  The case involves a drug abuse offense, as defined in   2,574        

section 2925.01 of the Revised Code, that is a felony of the       2,576        

third or fourth degree if the offense is committed prior to July   2,577        

1, 1996, a felony of the third, fourth, or fifth degree if the     2,578        

                                                          60     


                                                                 
offense is committed on or after July 1, 1996, or a misdemeanor.   2,579        

      (ii)  The case involves a theft offense, as defined in       2,581        

section 2913.01 of the Revised Code, that is a felony of the       2,583        

third or fourth degree if the offense is committed prior to July   2,584        

1, 1996, a felony of the third, fourth, or fifth degree if the     2,585        

offense is committed on or after July 1, 1996, or a misdemeanor,   2,586        

and the defendant is drug or alcohol dependent or in danger of     2,587        

becoming drug or alcohol dependent and would benefit from          2,588        

treatment.                                                                      

      (b)  All of the following apply:                             2,590        

      (i)  The case involves a probationable offense or a case in  2,592        

which a mandatory prison term is not required to be imposed.       2,593        

      (ii)  The defendant has no history of violent behavior.      2,595        

      (iii)  The defendant has no history of mental illness.       2,597        

      (iv)  The defendant's current or past behavior, or both, is  2,599        

drug or alcohol driven.                                            2,600        

      (v)  The defendant demonstrates a sincere willingness to     2,602        

participate in a fifteen-month treatment process.                  2,603        

      (vi)  The defendant has no acute health condition.           2,605        

      (vii)  If the defendant is incarcerated, the county          2,607        

prosecutor approves of the referral.                               2,608        

      (4)  If the administrative judge of the court of common      2,610        

pleas of Hamilton county determines that the volume of cases       2,611        

pending before the drug court judge does not constitute a          2,612        

sufficient caseload for the drug court judge, the administrative   2,613        

judge, in accordance with the Rules of Superintendence for Courts  2,614        

of Common Pleas, shall assign individual cases to the drug court   2,615        

judge from the general docket of the court.  If the assignments    2,616        

so occur, the administrative judge shall cease the assignments     2,617        

when the administrative judge determines that the volume of cases  2,618        

pending before the drug court judge constitutes a sufficient       2,619        

caseload for the drug court judge.                                              

      (C)  In Lorain county, the judges of the court of common     2,621        

pleas whose terms begin on January 3, 1959, January 4, 1989, and   2,622        

                                                          61     


                                                                 
January 2, 1999, and successors, shall have the same               2,624        

qualifications, exercise the same powers and jurisdiction, and     2,625        

receive the same compensation as the other judges of the court of  2,626        

common pleas of Lorain county and shall be elected and designated  2,627        

as the judges of the court of common pleas, division of domestic   2,628        

relations.  They shall have all of the powers relating to          2,629        

juvenile courts, and all cases under Chapter 2151. of the Revised  2,630        

Code, all parentage proceedings over which the juvenile court has  2,631        

jurisdiction, and all divorce, dissolution of marriage, legal      2,632        

separation, and annulment cases shall be assigned to them, except  2,633        

cases that for some special reason are assigned to some other      2,634        

judge of the court of common pleas.                                2,635        

      (D)(1)  In Lucas county, the judges of the court of common   2,637        

pleas whose terms begin on January 1, 1955, and January 3, 1965,   2,638        

and successors, shall have the same qualifications, exercise the   2,639        

same powers and jurisdiction, and receive the same compensation    2,640        

as other judges of the court of common pleas of Lucas county and   2,641        

shall be elected and designated as judges of the court of common   2,642        

pleas, division of domestic relations.  All divorce, dissolution   2,643        

of marriage, legal separation, and annulment cases shall be        2,644        

assigned to them.                                                  2,645        

      The judge of the division of domestic relations, senior in   2,647        

point of service, shall be considered as the presiding judge of    2,648        

the court of common pleas, division of domestic relations, and     2,649        

shall be charged exclusively with the assignment and division of   2,650        

the work of the division and the employment and supervision of     2,651        

all other personnel of the domestic relations division.            2,652        

      (2)  The judges of the court of common pleas whose terms     2,654        

begin on January 5, 1977, and January 2, 1991, and successors      2,655        

shall have the same qualifications, exercise the same powers and   2,656        

jurisdiction, and receive the same compensation as other judges    2,657        

of the court of common pleas of Lucas county, shall be elected     2,658        

and designated as judges of the court of common pleas, juvenile    2,659        

division, and shall be the juvenile judges as provided in Chapter  2,660        

                                                          62     


                                                                 
2151. of the Revised Code with the powers and jurisdictions        2,661        

conferred by that chapter.  In addition to the judge's regular     2,663        

duties, the judge of the court of common pleas, juvenile           2,664        

division, senior in point of service, shall be the administrator   2,665        

of the juvenile division and its subdivisions and departments and  2,666        

shall have charge of the employment, assignment, and supervision   2,667        

of the personnel of the division engaged in handling, servicing,   2,668        

or investigating juvenile cases, including any referees            2,669        

considered necessary by the judges of the division in the          2,670        

discharge of their various duties.                                 2,671        

      The judge of the court of common pleas, juvenile division,   2,673        

senior in point of service, also shall designate the title,        2,674        

compensation, expense allowance, hours, leaves of absence, and     2,675        

vacation of the personnel of the division and shall fix the        2,676        

duties of the personnel of the division.  The duties of the        2,677        

personnel, in addition to other statutory duties include the       2,678        

handling, servicing, and investigation of juvenile cases and       2,679        

counseling and conciliation services that may be made available    2,680        

to persons requesting them, whether or not the persons are         2,681        

parties to an action pending in the division.                      2,682        

      (3)  If one of the judges of the court of common pleas,      2,684        

division of domestic relations, or one of the judges of the        2,685        

juvenile division is sick, absent, or unable to perform that       2,686        

judge's judicial duties or the volume of cases pending in that     2,688        

judge's division necessitates it, the duties shall be performed    2,689        

by the judges of the other of those divisions.                     2,691        

      (E)(1)  In Mahoning county, the judge of the court of        2,693        

common pleas whose term began on January 1, 1955, and successors,  2,694        

shall have the same qualifications, exercise the same powers and   2,695        

jurisdiction, and receive the same compensation as other judges    2,696        

of the court of common pleas of Mahoning county, shall be elected  2,697        

and designated as judge of the court of common pleas, division of  2,698        

domestic relations, and shall be assigned all the divorce,         2,701        

dissolution of marriage, legal separation, and annulment cases     2,702        

                                                          63     


                                                                 
coming before the court.  In addition to the judge's regular       2,703        

duties, the judge of the court of common pleas, division of                     

domestic relations, shall be the administrator of the domestic     2,704        

relations division and its subdivisions and departments and shall  2,705        

have charge of the employment, assignment, and supervision of the  2,706        

personnel of the division engaged in handling, servicing, or       2,707        

investigating divorce, dissolution of marriage, legal separation,  2,708        

and annulment cases, including any referees considered necessary   2,709        

in the discharge of the various duties of the judge's office.      2,711        

      The judge also shall designate the title, compensation,      2,713        

expense allowances, hours, leaves of absence, and vacations of     2,714        

the personnel of the division and shall fix the duties of the      2,715        

personnel of the division.  The duties of the personnel, in        2,716        

addition to other statutory duties, include the handling,          2,717        

servicing, and investigation of divorce, dissolution of marriage,  2,718        

legal separation, and annulment cases and counseling and           2,719        

conciliation services that may be made available to persons        2,720        

requesting them, whether or not the persons are parties to an      2,721        

action pending in the division.                                    2,722        

      (2)  The judge of the court of common pleas whose term       2,724        

began on January 2, 1969, and successors, shall have the same      2,725        

qualifications, exercise the same powers and jurisdiction, and     2,726        

receive the same compensation as other judges of the court of      2,727        

common pleas of Mahoning county, shall be elected and designated   2,728        

as judge of court of common pleas, juvenile division, and shall    2,729        

be the juvenile judge as provided in Chapter 2151. of the Revised  2,730        

Code, with the powers and jurisdictions conferred by that          2,731        

chapter.  In addition to the judge's regular duties, the judge of  2,733        

the court of common pleas, juvenile division, shall be the         2,734        

administrator of the juvenile division and its subdivisions and    2,735        

departments and shall have charge of the employment, assignment,   2,736        

and supervision of the personnel of the division engaged in        2,737        

handling, servicing, or investigating juvenile cases, including    2,738        

any referees considered necessary by the judge in the discharge    2,739        

                                                          64     


                                                                 
of the judge's various duties.                                     2,740        

      The judge also shall designate the title, compensation,      2,742        

expense allowances, hours, leaves of absence, and vacation of the  2,743        

personnel of the division and shall fix the duties of the          2,744        

personnel of the division.  The duties of the personnel, in        2,745        

addition to other statutory duties, include the handling,          2,746        

servicing, and investigation of juvenile cases and counseling and  2,747        

conciliation services that may be made available to persons        2,748        

requesting them, whether or not the persons are parties to an      2,749        

action pending in the division.                                    2,750        

      (3)  If a judge of the court of common pleas, division of    2,752        

domestic relations or juvenile division, is sick, absent, or       2,753        

unable to perform that judge's judicial duties, or the volume of   2,755        

cases pending in that judge's division necessitates it, that       2,757        

judge's duties shall be performed by another judge of the court    2,758        

of common pleas.                                                                

      (F)(1)  In Montgomery county, the judges of the court of     2,760        

common pleas whose terms begin on January 2, 1953, and January 4,  2,761        

1977, and successors, shall have the same qualifications,          2,762        

exercise the same powers and jurisdiction, and receive the same    2,763        

compensation as other judges of the court of common pleas of       2,764        

Montgomery county and shall be elected and designated as judges    2,765        

of the court of common pleas, division of domestic relations.      2,766        

These judges shall have assigned to them all divorce, dissolution  2,767        

of marriage, legal separation, and annulment cases.                2,768        

      The judge of the division of domestic relations, senior in   2,770        

point of service, shall be charged exclusively with the            2,771        

assignment and division of the work of the division and shall      2,772        

have charge of the employment and supervision of the personnel of  2,773        

the division engaged in handling, servicing, or investigating      2,774        

divorce, dissolution of marriage, legal separation, and annulment  2,775        

cases, including any necessary referees, except those employees    2,776        

who may be appointed by the judge, junior in point of service,     2,777        

under this section and sections 2301.12, 2301.18, and 2301.19 of   2,778        

                                                          65     


                                                                 
the Revised Code.  The judge of the division of domestic           2,779        

relations, senior in point of service, also shall designate the    2,780        

title, compensation, expense allowances, hours, leaves of          2,781        

absence, and vacation of the personnel of the division and shall   2,782        

fix their duties.                                                  2,783        

      (2)  The judges of the court of common pleas whose terms     2,785        

begin on January 1, 1953, and January 1, 1993, and successors,     2,786        

shall have the same qualifications, exercise the same powers and   2,787        

jurisdiction, and receive the same compensation as other judges    2,788        

of the court of common pleas of Montgomery county, shall be        2,789        

elected and designated as judges of the court of common pleas,     2,790        

juvenile division, and shall be, and have the powers and           2,791        

jurisdiction of, the juvenile judge as provided in Chapter 2151.   2,792        

of the Revised Code.                                               2,793        

      In addition to the judge's regular duties, the judge of the  2,795        

court of common pleas, juvenile division, senior in point of       2,797        

service, shall be the administrator of the juvenile division and   2,798        

its subdivisions and departments and shall have charge of the      2,799        

employment, assignment, and supervision of the personnel of the    2,800        

juvenile division, including any necessary referees, who are       2,801        

engaged in handling, servicing, or investigating juvenile cases.   2,802        

The judge, senior in point of service, also shall designate the    2,803        

title, compensation, expense allowances, hours, leaves of          2,804        

absence, and vacation of the personnel of the division and shall   2,805        

fix their duties.  The duties of the personnel, in addition to     2,806        

other statutory duties, shall include the handling, servicing,     2,807        

and investigation of juvenile cases and of any counseling and      2,808        

conciliation services that are available upon request to persons,  2,809        

whether or not they are parties to an action pending in the        2,810        

division.                                                          2,811        

      If one of the judges of the court of common pleas, division  2,813        

of domestic relations, or one of the judges of the court of        2,814        

common pleas, juvenile division, is sick, absent, or unable to     2,815        

perform that judge's duties or the volume of cases pending in      2,817        

                                                          66     


                                                                 
that judge's division necessitates it, the duties of that judge    2,819        

may be performed by the judge or judges of the other of those      2,820        

divisions.                                                                      

      (G)  In Richland county, the judge of the court of common    2,822        

pleas whose term begins on January 1, 1957, and successors, shall  2,823        

have the same qualifications, exercise the same powers and         2,824        

jurisdiction, and receive the same compensation as the other       2,825        

judges of the court of common pleas of Richland county and shall   2,826        

be elected and designated as judge of the court of common pleas,   2,827        

division of domestic relations.  That judge shall have all of the  2,829        

powers relating to juvenile courts, and all cases under Chapter    2,830        

2151. of the Revised Code, all parentage proceedings over which    2,831        

the juvenile court has jurisdiction, and all divorce, dissolution  2,832        

of marriage, legal separation, and annulment cases shall be        2,833        

assigned to that judge, except in cases that for some special      2,834        

reason are assigned to some other judge of the court of common     2,836        

pleas.                                                                          

      (H)  In Stark county, the judges of the court of common      2,838        

pleas whose terms begin on January 1, 1953, January 2, 1959, and   2,839        

January 1, 1993, and successors, shall have the same               2,840        

qualifications, exercise the same powers and jurisdiction, and     2,841        

receive the same compensation as other judges of the court of      2,842        

common pleas of Stark county and shall be elected and designated   2,843        

as judges of the court of common pleas, division of domestic       2,844        

relations.  They shall have all the powers relating to juvenile    2,845        

courts, and all cases under Chapter 2151. of the Revised Code,     2,846        

all parentage proceedings over which the juvenile court has        2,847        

jurisdiction, and all divorce, dissolution of marriage, legal      2,848        

separation, and annulment cases, except cases that are assigned    2,849        

to some other judge of the court of common pleas for some special  2,850        

reason, shall be assigned to the judges.                           2,851        

      The judge of the division of domestic relations, second      2,853        

most senior in point of service, shall have charge of the          2,854        

employment and supervision of the personnel of the division        2,855        

                                                          67     


                                                                 
engaged in handling, servicing, or investigating divorce,          2,856        

dissolution of marriage, legal separation, and annulment cases,    2,857        

and necessary referees required for the judge's respective court.  2,859        

      The judge of the division of domestic relations, senior in   2,861        

point of service, shall be charged exclusively with the            2,862        

administration of sections 2151.13, 2151.16, 2151.17, and 2151.18  2,863        

of the Revised Code and with the assignment and division of the    2,864        

work of the division and the employment and supervision of all     2,865        

other personnel of the division, including, but not limited to,    2,866        

that judge's necessary referees, but excepting those employees     2,868        

who may be appointed by the judge second most senior in point of   2,869        

service.  The senior judge further shall serve in every other      2,871        

position in which the statutes permit or require a juvenile judge  2,872        

to serve.                                                                       

      (I)  In Summit county:                                       2,874        

      (1)  The judges of the court of common pleas whose terms     2,876        

begin on January 4, 1967, and January 6, 1993, and successors,     2,877        

shall have the same qualifications, exercise the same powers and   2,878        

jurisdiction, and receive the same compensation as other judges    2,879        

of the court of common pleas of Summit county and shall be         2,880        

elected and designated as judges of the court of common pleas,     2,881        

division of domestic relations.  The judges of the division of     2,882        

domestic relations shall have assigned to them and hear all        2,883        

divorce, dissolution of marriage, legal separation, and annulment  2,884        

cases that come before the court.                                  2,885        

      The judge of the division of domestic relations, senior in   2,887        

point of service, shall be the administrator of the domestic       2,888        

relations division and its subdivisions and departments and shall  2,889        

have charge of the employment, assignment, and supervision of the  2,890        

personnel of the division, including any necessary referees, who   2,891        

are engaged in handling, servicing, or investigating divorce,      2,892        

dissolution of marriage, legal separation, and annulment cases.    2,893        

That judge also shall designate the title, compensation, expense   2,894        

allowances, hours, leaves of absence, and vacations of the         2,895        

                                                          68     


                                                                 
personnel of the division and shall fix their duties.  The duties  2,896        

of the personnel, in addition to other statutory duties, shall     2,897        

include the handling, servicing, and investigation of divorce,     2,898        

dissolution of marriage, legal separation, and annulment cases     2,899        

and of any counseling and conciliation services that are           2,900        

available upon request to all persons, whether or not they are     2,901        

parties to an action pending in the division.                      2,902        

      (2)  The judge of the court of common pleas whose term       2,904        

begins on January 1, 1955, and successors, shall have the same     2,905        

qualifications, exercise the same powers and jurisdiction, and     2,906        

receive the same compensation as other judges of the court of      2,907        

common pleas of Summit county, shall be elected and designated as  2,908        

judge of the court of common pleas, juvenile division, and shall   2,909        

be, and have the powers and jurisdiction of, the juvenile judge    2,910        

as provided in Chapter 2151. of the Revised Code.                  2,911        

      The juvenile judge shall be the administrator of the         2,913        

juvenile division and its subdivisions and departments and shall   2,914        

have charge of the employment, assignment, and supervision of the  2,915        

personnel of the juvenile division, including any necessary        2,916        

referees, who are engaged in handling, servicing, or               2,917        

investigating juvenile cases.  The judge also shall designate the  2,918        

title, compensation, expense allowances, hours, leaves of          2,919        

absence, and vacation of the personnel of the division and shall   2,920        

fix their duties.  The duties of the personnel, in addition to     2,921        

other statutory duties, shall include the handling, servicing,     2,922        

and investigation of juvenile cases and of any counseling and      2,923        

conciliation services that are available upon request to persons,  2,924        

whether or not they are parties to an action pending in the        2,925        

division.                                                          2,926        

      (J)  In Trumbull county, the judges of the court of common   2,928        

pleas whose terms begin on January 1, 1953, and January 2, 1977,   2,929        

and successors, shall have the same qualifications, exercise the   2,930        

same powers and jurisdiction, and receive the same compensation    2,931        

as other judges of the court of common pleas of Trumbull county    2,932        

                                                          69     


                                                                 
and shall be elected and designated as judges of the court of      2,933        

common pleas, division of domestic relations.  They shall have     2,934        

all the powers relating to juvenile courts, and all cases under    2,935        

Chapter 2151. of the Revised Code, all parentage proceedings over  2,936        

which the juvenile court has jurisdiction, and all divorce,        2,937        

dissolution of marriage, legal separation, and annulment cases     2,938        

shall be assigned to them, except cases that for some special      2,939        

reason are assigned to some other judge of the court of common     2,940        

pleas.                                                             2,941        

      (K)  In Butler county:                                       2,943        

      (1)  The judges of the court of common pleas whose terms     2,945        

begin on January 1, 1957, and January 4, 1993, and successors,     2,946        

shall have the same qualifications, exercise the same powers and   2,947        

jurisdiction, and receive the same compensation as other judges    2,948        

of the court of common pleas of Butler county and shall be         2,949        

elected and designated as judges of the court of common pleas,     2,950        

division of domestic relations.  The judges of the division of     2,951        

domestic relations shall have assigned to them all divorce,        2,952        

dissolution of marriage, legal separation, and annulment cases     2,953        

coming before the court, except in cases that for some special     2,954        

reason are assigned to some other judge of the court of common     2,955        

pleas.  The judge senior in point of service shall be charged      2,956        

with the assignment and division of the work of the division and   2,957        

with the employment and supervision of all other personnel of the  2,958        

domestic relations division.                                       2,959        

      The judge senior in point of service also shall designate    2,961        

the title, compensation, expense allowances, hours, leaves of      2,962        

absence, and vacations of the personnel of the division and shall  2,963        

fix their duties.  The duties of the personnel, in addition to     2,964        

other statutory duties, shall include the handling, servicing,     2,965        

and investigation of divorce, dissolution of marriage, legal       2,966        

separation, and annulment cases and providing any counseling and   2,967        

conciliation services that the division makes available to         2,968        

persons, whether or not the persons are parties to an action       2,969        

                                                          70     


                                                                 
pending in the division, who request the services.                 2,970        

      (2)  The judge of the court of common pleas whose term       2,972        

begins on January 3, 1987, and successors, shall have the same     2,973        

qualifications, exercise the same powers and jurisdiction, and     2,974        

receive the same compensation as other judges of the court of      2,975        

common pleas of Butler county, shall be elected and designated as  2,976        

judge of the court of common pleas, juvenile division, and shall   2,977        

be the juvenile judge as provided in Chapter 2151. of the Revised  2,978        

Code, with the powers and jurisdictions conferred by that          2,979        

chapter.  The judge of the court of common pleas, juvenile         2,980        

division, shall be the administrator of the juvenile division and  2,981        

its subdivisions and departments.  The judge shall have charge of  2,982        

the employment, assignment, and supervision of the personnel of    2,983        

the juvenile division who are engaged in handling, servicing, or   2,984        

investigating juvenile cases, including any referees whom the      2,985        

judge considers necessary for the discharge of the judge's         2,986        

various duties.                                                    2,987        

      The judge also shall designate the title, compensation,      2,989        

expense allowances, hours, leaves of absence, and vacation of the  2,990        

personnel of the division and shall fix their duties.  The duties  2,991        

of the personnel, in addition to other statutory duties, include   2,992        

the handling, servicing, and investigation of juvenile cases and   2,993        

providing any counseling and conciliation services that the        2,994        

division makes available to persons, whether or not the persons    2,995        

are parties to an action pending in the division, who request the  2,996        

services.                                                          2,997        

      (3)  If a judge of the court of common pleas, division of    2,999        

domestic relations or juvenile division, is sick, absent, or       3,000        

unable to perform that judge's judicial duties or the volume of    3,002        

cases pending in the judge's division necessitates it, the duties  3,004        

of that judge shall be performed by the other judges of the        3,005        

domestic relations and juvenile divisions.                         3,006        

      (L)(1)  In Cuyahoga county, the judges of the court of       3,008        

common pleas whose terms begin on January 8, 1961, January 9,      3,009        

                                                          71     


                                                                 
1961, January 18, 1975, January 19, 1975, and January 13, 1987,    3,010        

and successors, shall have the same qualifications, exercise the   3,011        

same powers and jurisdiction, and receive the same compensation    3,012        

as other judges of the court of common pleas of Cuyahoga county    3,013        

and shall be elected and designated as judges of the court of      3,014        

common pleas, division of domestic relations.  They shall have     3,015        

all the powers relating to all divorce, dissolution of marriage,   3,016        

legal separation, and annulment cases, except in cases that are    3,017        

assigned to some other judge of the court of common pleas for      3,018        

some special reason.                                               3,019        

      (2)  The administrative judge is administrator of the        3,021        

domestic relations division and its subdivisions and departments   3,022        

and has the following powers concerning division personnel:        3,023        

      (a)  Full charge of the employment, assignment, and          3,025        

supervision;                                                       3,026        

      (b)  Sole determination of compensation, duties, expenses,   3,028        

allowances, hours, leaves, and vacations.                          3,029        

      (3)  "Division personnel" include persons employed or        3,031        

referees engaged in hearing, servicing, investigating,             3,032        

counseling, or conciliating divorce, dissolution of marriage,      3,033        

legal separation and annulment matters.                            3,034        

      (M)  In Lake county:                                         3,036        

      (1)  The judge of the court of common pleas whose term       3,038        

begins on January 2, 1961, and successors, shall have the same     3,039        

qualifications, exercise the same powers and jurisdiction, and     3,040        

receive the same compensation as the other judges of the court of  3,041        

common pleas of Lake county and shall be elected and designated    3,042        

as judge of the court of common pleas, division of domestic        3,043        

relations.  The judge shall be assigned all the divorce,           3,045        

dissolution of marriage, legal separation, and annulment cases     3,046        

coming before the court, except in cases that for some special     3,047        

reason are assigned to some other judge of the court of common     3,048        

pleas.  The judge shall be charged with the assignment and         3,049        

division of the work of the division and with the employment and   3,050        

                                                          72     


                                                                 
supervision of all other personnel of the domestic relations       3,051        

division.                                                          3,052        

      The judge also shall designate the title, compensation,      3,054        

expense allowances, hours, leaves of absence, and vacations of     3,055        

the personnel of the division and shall fix their duties.  The     3,056        

duties of the personnel, in addition to other statutory duties,    3,057        

shall include the handling, servicing, and investigation of        3,058        

divorce, dissolution of marriage, legal separation, and annulment  3,059        

cases and providing any counseling and conciliation services that  3,060        

the division makes available to persons, whether or not the        3,061        

persons are parties to an action pending in the division, who      3,062        

request the services.                                              3,063        

      (2)  The judge of the court of common pleas whose term       3,065        

begins on January 4, 1979, and successors, shall have the same     3,066        

qualifications, exercise the same powers and jurisdiction, and     3,067        

receive the same compensation as other judges of the court of      3,068        

common pleas of Lake county, shall be elected and designated as    3,069        

judge of the court of common pleas, juvenile division, and shall   3,070        

be the juvenile judge as provided in Chapter 2151. of the Revised  3,071        

Code, with the powers and jurisdictions conferred by that          3,072        

chapter.  The judge of the court of common pleas, juvenile         3,073        

division, shall be the administrator of the juvenile division and  3,074        

its subdivisions and departments.  The judge shall have charge of  3,075        

the employment, assignment, and supervision of the personnel of    3,076        

the juvenile division who are engaged in handling, servicing, or   3,077        

investigating juvenile cases, including any referees whom the      3,078        

judge considers necessary for the discharge of the judge's         3,079        

various duties.                                                    3,080        

      The judge also shall designate the title, compensation,      3,082        

expense allowances, hours, leaves of absence, and vacation of the  3,083        

personnel of the division and shall fix their duties.  The duties  3,084        

of the personnel, in addition to other statutory duties, include   3,085        

the handling, servicing, and investigation of juvenile cases and   3,086        

providing any counseling and conciliation services that the        3,087        

                                                          73     


                                                                 
division makes available to persons, whether or not the persons    3,088        

are parties to an action pending in the division, who request the  3,089        

services.                                                          3,090        

      (3)  If a judge of the court of common pleas, division of    3,092        

domestic relations or juvenile division, is sick, absent, or       3,093        

unable to perform that judge's judicial duties or the volume of    3,095        

cases pending in the judge's division necessitates it, the duties  3,097        

of that judge shall be performed by the other judges of the        3,098        

domestic relations and juvenile divisions.                         3,099        

      (N)  In Erie county, the judge of the court of common pleas  3,101        

whose term begins on January 2, 1971, and successors, shall have   3,102        

the same qualifications, exercise the same powers and              3,103        

jurisdiction, and receive the same compensation as the other       3,104        

judge of the court of common pleas of Erie county and shall be     3,105        

elected and designated as judge of the court of common pleas,      3,106        

division of domestic relations.  The judge shall have all the      3,107        

powers relating to juvenile courts, and shall be assigned all      3,108        

cases under Chapter 2151. of the Revised Code, parentage           3,110        

proceedings over which the juvenile court has jurisdiction, and    3,112        

divorce, dissolution of marriage, legal separation, and annulment  3,113        

cases, except cases that for some special reason are assigned to   3,114        

some other judge.                                                  3,115        

      (O)  In Greene county:                                       3,117        

      (1)  The judge of the court of common pleas whose term       3,119        

begins on January 1, 1961, and successors, shall have the same     3,120        

qualifications, exercise the same powers and jurisdiction, and     3,121        

receive the same compensation as the other judges of the court of  3,122        

common pleas of Greene county and shall be elected and designated  3,123        

as the judge of the court of common pleas, division of domestic    3,124        

relations.  The judge shall be assigned all divorce, dissolution   3,126        

of marriage, legal separation, annulment, uniform reciprocal       3,127        

support enforcement, and domestic violence cases and all other     3,128        

cases related to domestic relations, except cases that for some    3,129        

special reason are assigned to some other judge of the court of    3,130        

                                                          74     


                                                                 
common pleas.                                                                   

      The judge shall be charged with the assignment and division  3,132        

of the work of the division and with the employment and            3,133        

supervision of all other personnel of the division.  The judge     3,135        

also shall designate the title, compensation, hours, leaves of     3,137        

absence, and vacations of the personnel of the division and shall  3,138        

fix their duties.  The duties of the personnel of the division,    3,139        

in addition to other statutory duties, shall include the           3,140        

handling, servicing, and investigation of divorce, dissolution of  3,141        

marriage, legal separation, and annulment cases and the provision  3,142        

of counseling and conciliation services that the division          3,143        

considers necessary and makes available to persons who request     3,144        

the services, whether or not the persons are parties in an action  3,145        

pending in the division.  The compensation for the personnel       3,146        

shall be paid from the overall court budget and shall be included  3,147        

in the appropriations for the existing judges of the general       3,148        

division of the court of common pleas.                                          

      (2)  The judge of the court of common pleas whose term       3,150        

begins on January 1, 1995, and successors, shall have the same     3,151        

qualifications, exercise the same powers and jurisdiction, and     3,152        

receive the same compensation as the other judges of the court of  3,153        

common pleas of Greene county, shall be elected and designated as  3,154        

judge of the court of common pleas, juvenile division, and, on or  3,155        

after January 1, 1995, shall be the juvenile judge as provided in  3,156        

Chapter 2151. of the Revised Code with the powers and              3,157        

jurisdiction conferred by that chapter.  The judge of the court    3,158        

of common pleas, juvenile division, shall be the administrator of  3,159        

the juvenile division and its subdivisions and departments.  The   3,160        

judge shall have charge of the employment, assignment, and         3,161        

supervision of the personnel of the juvenile division who are      3,162        

engaged in handling, servicing, or investigating juvenile cases,   3,163        

including any referees whom the judge considers necessary for the  3,164        

discharge of the judge's various duties.                           3,165        

      The judge also shall designate the title, compensation,      3,167        

                                                          75     


                                                                 
expense allowances, hours, leaves of absence, and vacation of the  3,168        

personnel of the division and shall fix their duties.  The duties  3,169        

of the personnel, in addition to other statutory duties, include   3,170        

the handling, servicing, and investigation of juvenile cases and   3,171        

providing any counseling and conciliation services that the court  3,172        

makes available to persons, whether or not the persons are         3,173        

parties to an action pending in the court, who request the         3,174        

services.                                                          3,175        

      (3)  If one of the judges of the court of common pleas,      3,177        

general division, is sick, absent, or unable to perform that       3,178        

judge's judicial duties or the volume of cases pending in the      3,179        

general division necessitates it, the duties of that judge of the  3,181        

general division shall be performed by the judge of the division   3,182        

of domestic relations and the judge of the juvenile division.      3,183        

      (P)  In Portage county, the judge of the court of common     3,185        

pleas, whose term begins January 2, 1987, and successors, shall    3,186        

have the same qualifications, exercise the same powers and         3,187        

jurisdiction, and receive the same compensation as the other       3,188        

judges of the court of common pleas of Portage county and shall    3,189        

be elected and designated as judge of the court of common pleas,   3,190        

division of domestic relations.  The judge shall be assigned all   3,192        

divorce, dissolution of marriage, legal separation, and annulment  3,194        

cases coming before the court, except in cases that for some       3,195        

special reason are assigned to some other judge of the court of    3,196        

common pleas.  The judge shall be charged with the assignment and  3,197        

division of the work of the division and with the employment and   3,198        

supervision of all other personnel of the domestic relations       3,199        

division.                                                                       

      The judge also shall designate the title, compensation,      3,201        

expense allowances, hours, leaves of absence, and vacations of     3,202        

the personnel of the division and shall fix their duties.  The     3,203        

duties of the personnel, in addition to other statutory duties,    3,204        

shall include the handling, servicing, and investigation of        3,205        

divorce, dissolution of marriage, legal separation, and annulment  3,206        

                                                          76     


                                                                 
cases and providing any counseling and conciliation services that  3,207        

the division makes available to persons, whether or not the        3,208        

persons are parties to an action pending in the division, who      3,209        

request the services.                                              3,210        

      (Q)  In Clermont county, the judge of the court of common    3,212        

pleas, whose term begins January 2, 1987, and successors, shall    3,213        

have the same qualifications, exercise the same powers and         3,214        

jurisdiction, and receive the same compensation as the other       3,215        

judges of the court of common pleas of Clermont county and shall   3,216        

be elected and designated as judge of the court of common pleas,   3,217        

division of domestic relations.  The judge shall be assigned all   3,219        

divorce, dissolution of marriage, legal separation, and annulment  3,221        

cases coming before the court, except in cases that for some       3,222        

special reason are assigned to some other judge of the court of    3,223        

common pleas.  The judge shall be charged with the assignment and  3,224        

division of the work of the division and with the employment and   3,225        

supervision of all other personnel of the domestic relations       3,226        

division.                                                                       

      The judge also shall designate the title, compensation,      3,228        

expense allowances, hours, leaves of absence, and vacations of     3,229        

the personnel of the division and shall fix their duties.  The     3,230        

duties of the personnel, in addition to other statutory duties,    3,231        

shall include the handling, servicing, and investigation of        3,232        

divorce, dissolution of marriage, legal separation, and annulment  3,233        

cases and providing any counseling and conciliation services that  3,234        

the division makes available to persons, whether or not the        3,235        

persons are parties to an action pending in the division, who      3,236        

request the services.                                              3,237        

      (R)  In Warren county, the judge of the court of common      3,239        

pleas, whose term begins January 1, 1987, and successors, shall    3,240        

have the same qualifications, exercise the same powers and         3,241        

jurisdiction, and receive the same compensation as the other       3,242        

judges of the court of common pleas of Warren county and shall be  3,243        

elected and designated as judge of the court of common pleas,      3,244        

                                                          77     


                                                                 
division of domestic relations.  The judge shall be assigned all   3,246        

divorce, dissolution of marriage, legal separation, and annulment  3,248        

cases coming before the court, except in cases that for some       3,249        

special reason are assigned to some other judge of the court of    3,250        

common pleas.  The judge shall be charged with the assignment and  3,251        

division of the work of the division and with the employment and   3,252        

supervision of all other personnel of the domestic relations       3,253        

division.                                                                       

      The judge also shall designate the title, compensation,      3,255        

expense allowances, hours, leaves of absence, and vacations of     3,256        

the personnel of the division and shall fix their duties.  The     3,257        

duties of the personnel, in addition to other statutory duties,    3,258        

shall include the handling, servicing, and investigation of        3,259        

divorce, dissolution of marriage, legal separation, and annulment  3,260        

cases and providing any counseling and conciliation services that  3,261        

the division makes available to persons, whether or not the        3,262        

persons are parties to an action pending in the division, who      3,263        

request the services.                                              3,264        

      (S)  In Licking county, the judge of the court of common     3,266        

pleas, whose term begins January 1, 1991, and successors, shall    3,267        

have the same qualifications, exercise the same powers and         3,268        

jurisdiction, and receive the same compensation as the other       3,269        

judges of the court of common pleas of Licking county and shall    3,270        

be elected and designated as judge of the court of common pleas,   3,271        

division of domestic relations.  The judge shall be assigned all   3,273        

divorce, dissolution of marriage, legal separation, and annulment  3,275        

cases, all cases arising under Chapter 3111. of the Revised Code,  3,276        

all proceedings involving child support, the allocation of         3,277        

parental rights and responsibilities for the care of children and  3,278        

the designation for the children of a place of residence and       3,279        

legal custodian, PARENTING TIME, and visitation, and all           3,280        

post-decree proceedings and matters arising from those cases and   3,281        

proceedings, except in cases that for some special reason are      3,282        

assigned to another judge of the court of common pleas.  The       3,283        

                                                          78     


                                                                 
judge shall be charged with the assignment and division of the     3,284        

work of the division and with the employment and supervision of    3,285        

the personnel of the division.                                     3,286        

      The judge shall designate the title, compensation, expense   3,288        

allowances, hours, leaves of absence, and vacations of the         3,289        

personnel of the division and shall fix the duties of the          3,290        

personnel of the division.  The duties of the personnel of the     3,291        

division, in addition to other statutory duties, shall include     3,292        

the handling, servicing, and investigation of divorce,             3,293        

dissolution of marriage, legal separation, and annulment cases,    3,294        

cases arising under Chapter 3111. of the Revised Code, and         3,295        

proceedings involving child support, the allocation of parental    3,296        

rights and responsibilities for the care of children and the       3,297        

designation for the children of a place of residence and legal     3,298        

custodian, PARENTING TIME, and visitation and providing any        3,299        

counseling and conciliation services that the division makes       3,301        

available to persons, whether or not the persons are parties to    3,302        

an action pending in the division, who request the services.       3,303        

      (T)  In Allen county, the judge of the court of common       3,305        

pleas, whose term begins January 1, 1993, and successors, shall    3,306        

have the same qualifications, exercise the same powers and         3,307        

jurisdiction, and receive the same compensation as the other       3,308        

judges of the court of common pleas of Allen county and shall be   3,309        

elected and designated as judge of the court of common pleas,      3,310        

division of domestic relations.  The judge shall be assigned all   3,312        

divorce, dissolution of marriage, legal separation, and annulment  3,314        

cases, all cases arising under Chapter 3111. of the Revised Code,  3,315        

all proceedings involving child support, the allocation of         3,316        

parental rights and responsibilities for the care of children and  3,317        

the designation for the children of a place of residence and       3,318        

legal custodian, PARENTING TIME, and visitation, and all           3,319        

post-decree proceedings and matters arising from those cases and   3,320        

proceedings, except in cases that for some special reason are      3,321        

assigned to another judge of the court of common pleas.  The       3,322        

                                                          79     


                                                                 
judge shall be charged with the assignment and division of the     3,323        

work of the division and with the employment and supervision of    3,324        

the personnel of the division.                                     3,325        

      The judge shall designate the title, compensation, expense   3,327        

allowances, hours, leaves of absence, and vacations of the         3,328        

personnel of the division and shall fix the duties of the          3,329        

personnel of the division.  The duties of the personnel of the     3,330        

division, in addition to other statutory duties, shall include     3,331        

the handling, servicing, and investigation of divorce,             3,332        

dissolution of marriage, legal separation, and annulment cases,    3,333        

cases arising under Chapter 3111. of the Revised Code, and         3,334        

proceedings involving child support, the allocation of parental    3,335        

rights and responsibilities for the care of children and the       3,336        

designation for the children of a place of residence and legal     3,337        

custodian, PARENTING TIME, and visitation, and providing any       3,338        

counseling and conciliation services that the division makes       3,340        

available to persons, whether or not the persons are parties to    3,341        

an action pending in the division, who request the services.       3,342        

      (U)  In Medina county, the judge of the court of common      3,344        

pleas whose term begins January 1, 1995, and successors, shall     3,345        

have the same qualifications, exercise the same powers and         3,346        

jurisdiction, and receive the same compensation as other judges    3,347        

of the court of common pleas of Medina county and shall be         3,348        

elected and designated as judge of the court of common pleas,      3,349        

division of domestic relations.  The judge shall be assigned all   3,351        

divorce, dissolution of marriage, legal separation, and annulment  3,353        

cases, all cases arising under Chapter 3111. of the Revised Code,  3,354        

all proceedings involving child support, the allocation of         3,355        

parental rights and responsibilities for the care of children and  3,356        

the designation for the children of a place of residence and       3,357        

legal custodian, PARENTING TIME, and visitation, and all           3,358        

post-decree proceedings and matters arising from those cases and   3,359        

proceedings, except in cases that for some special reason are      3,360        

assigned to another judge of the court of common pleas.  The       3,361        

                                                          80     


                                                                 
judge shall be charged with the assignment and division of the     3,362        

work of the division and with the employment and supervision of    3,363        

the personnel of the division.                                     3,364        

      The judge shall designate the title, compensation, expense   3,366        

allowances, hours, leaves of absence, and vacations of the         3,367        

personnel of the division and shall fix the duties of the          3,368        

personnel of the division.  The duties of the personnel, in        3,369        

addition to other statutory duties, include the handling,          3,370        

servicing, and investigation of divorce, dissolution of marriage,  3,371        

legal separation, and annulment cases, cases arising under         3,372        

Chapter 3111. of the Revised Code, and proceedings involving       3,373        

child support, the allocation of parental rights and               3,374        

responsibilities for the care of children and the designation for  3,375        

the children of a place of residence and legal custodian,          3,376        

PARENTING TIME, and visitation, and providing counseling and       3,378        

conciliation services that the division makes available to         3,379        

persons, whether or not the persons are parties to an action       3,380        

pending in the division, who request the services.                 3,381        

      (V)  In Fairfield county, the judge of the court of common   3,383        

pleas whose term begins January 2, 1995, and successors, shall     3,384        

have the same qualifications, exercise the same powers and         3,385        

jurisdiction, and receive the same compensation as the other       3,386        

judges of the court of common pleas of Fairfield county and shall  3,387        

be elected and designated as judge of the court of common pleas,   3,388        

division of domestic relations.  The judge shall be assigned all   3,390        

divorce, dissolution of marriage, legal separation, and annulment  3,392        

cases, all cases arising under Chapter 3111. of the Revised Code,  3,393        

all proceedings involving child support, the allocation of         3,394        

parental rights and responsibilities for the care of children and  3,395        

the designation for the children of a place of residence and       3,396        

legal custodian, PARENTING TIME, and visitation, and all           3,397        

post-decree proceedings and matters arising from those cases and   3,398        

proceedings, except in cases that for some special reason are      3,399        

assigned to another judge of the court of common pleas.  The       3,400        

                                                          81     


                                                                 
judge also has concurrent jurisdiction with the probate-juvenile   3,401        

division of the court of common pleas of Fairfield county with     3,402        

respect to and may hear cases to determine the custody of a        3,403        

child, as defined in section 2151.011 of the Revised Code, who is  3,405        

not the ward of another court of this state, cases that are                     

commenced by a parent, guardian, or custodian of a child, as       3,406        

defined in section 2151.011 of the Revised Code, to obtain an      3,407        

order requiring a parent of the child to pay child support for     3,409        

that child when the request for that order is not ancillary to an               

action for divorce, dissolution of marriage, annulment, or legal   3,410        

separation, a criminal or civil action involving an allegation of  3,411        

domestic violence, an action for support under Chapter 3115. of    3,412        

the Revised Code, or an action that is within the exclusive        3,413        

original jurisdiction of the probate-juvenile division of the      3,414        

court of common pleas of Fairfield county and that involves an                  

allegation that the child is an abused, neglected, or dependent    3,415        

child, and post-decree proceedings and matters arising from those  3,416        

types of cases.                                                                 

      The judge of the domestic relations division shall be        3,418        

charged with the assignment and division of the work of the        3,421        

division and with the employment and supervision of the personnel  3,422        

of the division.                                                                

      The judge shall designate the title, compensation, expense   3,424        

allowances, hours, leaves of absence, and vacations of the         3,425        

personnel of the division and shall fix the duties of the          3,426        

personnel of the division.  The duties of the personnel of the     3,427        

division, in addition to other statutory duties, shall include     3,428        

the handling, servicing, and investigation of divorce,             3,429        

dissolution of marriage, legal separation, and annulment cases,    3,430        

cases arising under Chapter 3111. of the Revised Code, and         3,431        

proceedings involving child support, the allocation of parental    3,432        

rights and responsibilities for the care of children and the       3,433        

designation for the children of a place of residence and legal     3,434        

custodian, PARENTING TIME, and visitation, and providing any       3,435        

                                                          82     


                                                                 
counseling and conciliation services that the division makes       3,437        

available to persons, regardless of whether the persons are        3,438        

parties to an action pending in the division, who request the      3,439        

services.  When the judge hears a case to determine the custody    3,440        

of a child, as defined in section 2151.011 of the Revised Code,    3,441        

who is not the ward of another court of this state or a case that  3,442        

is commenced by a parent, guardian, or custodian of a child, as    3,443        

defined in section 2151.011 of the Revised Code, to obtain an                   

order requiring a parent of the child to pay child support for     3,444        

that child when the request for that order is not ancillary to an  3,445        

action for divorce, dissolution of marriage, annulment, or legal   3,446        

separation, a criminal or civil action involving an allegation of  3,447        

domestic violence, an action for support under Chapter 3115. of    3,448        

the Revised Code, or an action that is within the exclusive        3,449        

original jurisdiction of the probate-juvenile division of the                   

court of common pleas of Fairfield county and that involves an     3,451        

allegation that the child is an abused, neglected, or dependent    3,452        

child, the duties of the personnel of the domestic relations       3,453        

division also include the handling, servicing, and investigation   3,454        

of those types of cases.                                                        

      (W)(1)  In Clark county, the judge of the court of common    3,456        

pleas whose term begins on January 2, 1995, and successors, shall  3,457        

have the same qualifications, exercise the same powers and         3,458        

jurisdiction, and receive the same compensation as other judges    3,459        

of the court of common pleas of Clark county and shall be elected  3,460        

and designated as judge of the court of common pleas, domestic     3,461        

relations division.  The judge shall have all the powers relating  3,463        

to juvenile courts, and all cases under Chapter 2151. of the       3,464        

Revised Code and all parentage proceedings under Chapter 3111. of  3,465        

the Revised Code over which the juvenile court has jurisdiction    3,466        

shall be assigned to the judge of the division of domestic         3,467        

relations.  All divorce, dissolution of marriage, legal            3,468        

separation, annulment, uniform reciprocal support enforcement,     3,469        

and other cases related to domestic relations shall be assigned    3,470        

                                                          83     


                                                                 
to the domestic relations division, and the presiding judge of     3,471        

the court of common pleas shall assign the cases to the judge of   3,472        

the domestic relations division and the judges of the general      3,473        

division.                                                          3,474        

      (2)  In addition to the judge's regular duties, the judge    3,476        

of the division of domestic relations shall serve on the children  3,478        

services board and the county advisory board.                      3,479        

      (3)  If the judge of the court of common pleas of Clark      3,481        

county, division of domestic relations, is sick, absent, or        3,482        

unable to perform that judge's judicial duties or if the           3,483        

presiding judge of the court of common pleas of Clark county       3,486        

determines that the volume of cases pending in the division of     3,487        

domestic relations necessitates it, the duties of the judge of     3,488        

the division of domestic relations shall be performed by the       3,489        

judges of the general division or probate division of the court    3,490        

of common pleas of Clark county, as assigned for that purpose by   3,491        

the presiding judge of that court, and the judges so assigned      3,492        

shall act in conjunction with the judge of the division of         3,493        

domestic relations of that court.                                  3,494        

      (X)  In Scioto county, the judge of the court of common      3,496        

pleas whose term begins January 2, 1995, and successors, shall     3,498        

have the same qualifications, exercise the same powers and         3,499        

jurisdiction, and receive the same compensation as other judges    3,500        

of the court of common pleas of Scioto county and shall be         3,501        

elected and designated as judge of the court of common pleas,      3,502        

division of domestic relations.  The judge shall be assigned all   3,504        

divorce, dissolution of marriage, legal separation, and annulment  3,506        

cases, all cases arising under Chapter 3111. of the Revised Code,  3,507        

all proceedings involving child support, the allocation of         3,508        

parental rights and responsibilities for the care of children and  3,509        

the designation for the children of a place of residence and       3,510        

legal custodian, PARENTING TIME, visitation, and all post-decree   3,511        

proceedings and matters arising from those cases and proceedings,  3,512        

except in cases that for some special reason are assigned to       3,513        

                                                          84     


                                                                 
another judge of the court of common pleas.  The judge shall be    3,514        

charged with the assignment and division of the work of the        3,515        

division and with the employment and supervision of the personnel  3,516        

of the division.                                                   3,517        

      The judge shall designate the title, compensation, expense   3,519        

allowances, hours, leaves of absence, and vacations of the         3,520        

personnel of the division and shall fix the duties of the          3,521        

personnel of the division.  The duties of the personnel, in        3,522        

addition to other statutory duties, include the handling,          3,523        

servicing, and investigation of divorce, dissolution of marriage,  3,524        

legal separation, and annulment cases, cases arising under         3,525        

Chapter 3111. of the Revised Code, and proceedings involving       3,526        

child support, the allocation of parental rights and               3,527        

responsibilities for the care of children and the designation for  3,528        

the children of a place of residence and legal custodian,          3,529        

PARENTING TIME, and visitation, and providing counseling and       3,531        

conciliation services that the division makes available to         3,532        

persons, whether or not the persons are parties to an action       3,533        

pending in the division, who request the services.                 3,534        

      (Y)  In Auglaize county, the judge of the probate and        3,536        

juvenile divisions of the Auglaize county court of common pleas    3,537        

also shall be the administrative judge of the domestic relations   3,538        

division of the court and shall be assigned all divorce,           3,540        

dissolution of marriage, legal separation, and annulment cases     3,541        

coming before the court.  The judge shall have all powers as       3,542        

administrator of the domestic relations division and shall have    3,543        

charge of the personnel engaged in handling, servicing, or         3,544        

investigating divorce, dissolution of marriage, legal separation,  3,545        

and annulment cases, including any referees considered necessary   3,546        

for the discharge of the judge's various duties.                   3,547        

      (Z)(1)  In Marion county, the judge of the court of common   3,550        

pleas whose term begins on February 9, 1999, and the successors    3,551        

to that judge, shall have the same qualifications, exercise the    3,552        

same powers and jurisdiction, and receive the same compensation                 

                                                          85     


                                                                 
as the other judges of the court of common pleas of Marion county  3,554        

and shall be elected and designated as judge of the court of       3,555        

common pleas, domestic relations-juvenile-probate division.        3,556        

Except as otherwise specified in this division, that judge, and    3,557        

the successors to that judge, shall have all the powers relating   3,558        

to juvenile courts, and all cases under Chapter 2151. of the       3,559        

Revised Code, all cases arising under Chapter 3111. of the         3,560        

Revised Code, all divorce, dissolution of marriage, legal          3,561        

separation, and annulment cases, all proceedings involving child   3,562        

support, the allocation of parental rights and responsibilities    3,563        

for the care of children and the designation for the children of   3,564        

a place of residence and legal custodian, PARENTING TIME, and                   

visitation, and all post-decree proceedings and matters arising    3,566        

from those cases and proceedings shall be assigned to that judge   3,567        

and the successors to that judge.  Except as provided in division  3,568        

(Z)(2) of this section and notwithstanding any other provision of  3,569        

any section of the Revised Code, on and after February 9, 2003,    3,570        

the judge of the court of common pleas of Marion county whose      3,572        

term begins on February 9, 1999, and the successors to that        3,573        

judge, shall have all the powers relating to the probate division  3,574        

of the court of common pleas of Marion county in addition to the   3,575        

powers previously specified in this division, and shall exercise   3,576        

concurrent jurisdiction with the judge of the probate division of  3,577        

that court over all matters that are within the jurisdiction of    3,578        

the probate division of that court under Chapter 2101., and other  3,579        

provisions, of the Revised Code in addition to the jurisdiction    3,580        

of the domestic relations-juvenile-probate division of that court  3,581        

otherwise specified in division (Z)(1) of this section.            3,582        

      (2)  The judge of the domestic relations-juvenile-probate    3,584        

division of the court of common pleas of Marion county or the      3,585        

judge of the probate division of the court of common pleas of      3,586        

Marion county, whichever of those judges is senior in total        3,588        

length of service on the court of common pleas of Marion county,   3,589        

regardless of the division or divisions of service, shall serve    3,590        

                                                          86     


                                                                 
as the clerk of the probate division of the court of common pleas  3,591        

of Marion county.                                                               

      (3)  On and after February 9, 2003, all references in law    3,594        

to "the probate court," "the probate judge," "the juvenile                      

court," or "the judge of the juvenile court" shall be construed,   3,595        

with respect to Marion county, as being references to both "the    3,597        

probate division" and "the domestic relations-juvenile-probate                  

division" and as being references to both "the judge of the        3,598        

probate division" and "the judge of the domestic relations-        3,599        

juvenile-probate division."  On and after February 9, 2003, all    3,600        

references in law to "the clerk of the probate court" shall be     3,601        

construed, with respect to Marion county, as being references to   3,602        

the judge who is serving pursuant to division (Z)(2) of this       3,603        

section as the clerk of the probate division of the court of       3,604        

common pleas of Marion county.                                                  

      (AA)  If a judge of the court of common pleas, division of   3,606        

domestic relations, or juvenile judge, of any of the counties      3,607        

mentioned in this section is sick, absent, or unable to perform    3,608        

that judge's judicial duties or the volume of cases pending in     3,610        

the judge's division necessitates it, the duties of that judge     3,611        

shall be performed by another judge of the court of common pleas   3,612        

of that county, assigned for that purpose by the presiding judge   3,613        

of the court of common pleas of that county to act in place of or  3,614        

in conjunction with that judge, as the case may require.           3,615        

      Sec. 2301.99.  Whoever violates section 2301.33 or division  3,624        

(B) of section 2301.39 of the Revised Code shall be fined not      3,625        

less than fifty nor more than two hundred dollars and imprisoned   3,627        

not less than ten nor more than thirty days.                       3,628        

      Sec. 2317.02.  The following persons shall not testify in    3,637        

certain respects:                                                  3,638        

      (A)  An attorney, concerning a communication made to the     3,640        

attorney by a client in that relation or the attorney's advice to  3,642        

a client, except that the attorney may testify by express consent  3,643        

of the client or, if the client is deceased, by the express        3,644        

                                                          87     


                                                                 
consent of the surviving spouse or the executor or administrator   3,645        

of the estate of the deceased client and except that, if the       3,646        

client voluntarily testifies or is deemed by section 2151.421 of   3,647        

the Revised Code to have waived any testimonial privilege under    3,648        

this division, the attorney may be compelled to testify on the     3,649        

same subject;                                                                   

      (B)(1)  A physician or a dentist concerning a communication  3,651        

made to the physician or dentist by a patient in that relation or  3,652        

the physician's or dentist's advice to a patient, except as        3,654        

otherwise provided in this division, division (B)(2), and                       

division (B)(3) of this section, and except that, if the patient   3,655        

is deemed by section 2151.421 of the Revised Code to have waived   3,656        

any testimonial privilege under this division, the physician may   3,657        

be compelled to testify on the same subject.                       3,658        

      The testimonial privilege established under this division    3,660        

does not apply, and a physician or dentist may testify or may be   3,661        

compelled to testify, in any of the following circumstances:       3,662        

      (a)  In any civil action, in accordance with the discovery   3,664        

provisions of the Rules of Civil Procedure in connection with a    3,665        

civil action, or in connection with a claim under Chapter 4123.    3,666        

of the Revised Code, under any of the following circumstances:     3,667        

      (i)  If the patient or the guardian or other legal           3,669        

representative of the patient gives express consent;               3,670        

      (ii)  If the patient is deceased, the spouse of the patient  3,672        

or the executor or administrator of the patient's estate gives     3,674        

express consent;                                                                

      (iii)  If a medical claim, dental claim, chiropractic        3,676        

claim, or optometric claim, as defined in section 2305.11 of the   3,677        

Revised Code, an action for wrongful death, any other type of      3,678        

civil action, or a claim under Chapter 4123. of the Revised Code   3,679        

is filed by the patient, the personal representative of the        3,680        

estate of the patient if deceased, or the patient's guardian or    3,682        

other legal representative.                                                     

      (b)  In any criminal action concerning any test or the       3,684        

                                                          88     


                                                                 
results of any test that determines the presence or concentration  3,685        

of alcohol, a drug of abuse, or alcohol and a drug of abuse in     3,686        

the patient's blood, breath, urine, or other bodily substance at   3,687        

any time relevant to the criminal offense in question.             3,688        

      (c)  In any criminal action against a physician or dentist.  3,691        

In such an action, the testimonial privilege established under     3,692        

this division does not prohibit the admission into evidence, in    3,693        

accordance with the Rules of Evidence, of a patient's medical or   3,696        

dental records or other communications between a patient and the   3,697        

physician or dentist that are related to the action and obtained   3,698        

by subpoena, search warrant, or other lawful means.  A court that  3,699        

permits or compels a physician or dentist to testify in such an    3,700        

action or permits the introduction into evidence of patient        3,701        

records or other communications in such an action shall require    3,702        

that appropriate measures be taken to ensure that the              3,703        

confidentiality of any patient named or otherwise identified in    3,704        

the records is maintained.  Measures to ensure confidentiality     3,705        

that may be taken by the court include sealing its records or      3,706        

deleting specific information from its records.                    3,707        

      (2)(a)  If any law enforcement officer submits a written     3,709        

statement to a health care provider that states that an official   3,710        

criminal investigation has begun regarding a specified person or   3,711        

that a criminal action or proceeding has been commenced against a  3,712        

specified person, that requests the provider to supply to the      3,713        

officer copies of any records the provider possesses that pertain               

to any test or the results of any test administered to the         3,714        

specified person to determine the presence or concentration of     3,715        

alcohol, a drug of abuse, or alcohol and a drug of abuse in the    3,716        

person's blood, breath, or urine at any time relevant to the       3,717        

criminal offense in question, and that conforms to section                      

2317.022 of the Revised Code, the provider, except to the extent   3,718        

specifically prohibited by any law of this state or of the United  3,719        

States, shall supply to the officer a copy of any of the           3,720        

requested records the provider possesses.  If the health care      3,721        

                                                          89     


                                                                 
provider does not possess any of the requested records, the                     

provider shall give the officer a written statement that           3,722        

indicates that the provider does not possess any of the requested  3,723        

records.                                                                        

      (b)  If a health care provider possesses any records of the  3,725        

type described in division (B)(2)(a) of this section regarding     3,726        

the person in question at any time relevant to the criminal        3,727        

offense in question, in lieu of personally testifying as to the    3,728        

results of the test in question, the custodian of the records may  3,729        

submit a certified copy of the records, and, upon its submission,               

the certified copy is qualified as authentic evidence and may be   3,730        

admitted as evidence in accordance with the Rules of Evidence.     3,731        

Division (A) of section 2317.422 of the Revised Code does not      3,732        

apply to any certified copy of records submitted in accordance     3,733        

with this division.  Nothing in this division shall be construed   3,734        

to limit the right of any party to call as a witness the person                 

who administered the test to which the records pertain, the        3,735        

person under whose supervision the test was administered, the      3,736        

custodian of the records, the person who made the records, or the  3,737        

person under whose supervision the records were made.              3,738        

      (3)(a)  If the testimonial privilege described in division   3,740        

(B)(1) of this section does not apply as provided in division      3,741        

(B)(1)(a)(iii) of this section, a physician or dentist may be      3,742        

compelled to testify or to submit to discovery under the Rules of  3,743        

Civil Procedure only as to a communication made to the physician   3,744        

or dentist by the patient in question in that relation, or the     3,745        

physician's or dentist's advice to the patient in question, that   3,747        

related causally or historically to physical or mental injuries    3,748        

that are relevant to issues in the medical claim, dental claim,    3,749        

chiropractic claim, or optometric claim, action for wrongful       3,750        

death, other civil action, or claim under Chapter 4123. of the     3,751        

Revised Code.                                                                   

      (b)  If the testimonial privilege described in division      3,753        

(B)(1) of this section does not apply to a physician or dentist    3,754        

                                                          90     


                                                                 
as provided in division (B)(1)(b) of this section, the physician   3,755        

or dentist, in lieu of personally testifying as to the results of  3,756        

the test in question, may submit a certified copy of those                      

results, and, upon its submission, the certified copy is           3,757        

qualified as authentic evidence and may be admitted as evidence    3,758        

in accordance with the Rules of Evidence.  Division (A) of         3,759        

section 2317.422 of the Revised Code does not apply to any         3,760        

certified copy of results submitted in accordance with this                     

division.  Nothing in this division shall be construed to limit    3,761        

the right of any party to call as a witness the person who         3,762        

administered the test in question, the person under whose          3,763        

supervision the test was administered, the custodian of the                     

results of the test, the person who compiled the results, or the   3,764        

person under whose supervision the results were compiled.          3,765        

      (4)(a)  As used in divisions (B)(1) to (3) of this section,  3,767        

"communication" means acquiring, recording, or transmitting any    3,768        

information, in any manner, concerning any facts, opinions, or     3,769        

statements necessary to enable a physician or dentist to           3,770        

diagnose, treat, prescribe, or act for a patient.  A               3,771        

"communication" may include, but is not limited to, any medical    3,772        

or dental, office, or hospital communication such as a record,     3,773        

chart, letter, memorandum, laboratory test and results, x-ray,     3,774        

photograph, financial statement, diagnosis, or prognosis.          3,775        

      (b)  As used in division (B)(2) of this section, "health     3,777        

care provider" has the same meaning as in section 3729.01 of the   3,778        

Revised Code.                                                                   

      (5)  Divisions (B)(1), (2), (3), and (4) of this section     3,780        

apply to doctors of medicine, doctors of osteopathic medicine,     3,781        

doctors of podiatry, and dentists.                                 3,782        

      (6)  Nothing in divisions (B)(1) to (5) of this section      3,784        

affects, or shall be construed as affecting, the immunity from     3,785        

civil liability conferred by section 2305.33 of the Revised Code   3,786        

upon physicians who report an employee's use of a drug of abuse,   3,787        

or a condition of an employee other than one involving the use of  3,788        

                                                          91     


                                                                 
a drug of abuse, to the employer of the employee in accordance     3,789        

with division (B) of that section.  As used in division (B)(6) of  3,791        

this section, "employee," "employer," and "physician" have the     3,792        

same meanings as in section 2305.33 of the Revised Code.           3,793        

      (C)  A  member of the clergy, rabbi, priest, or regularly    3,795        

ordained, accredited, or licensed minister of an established and   3,797        

legally cognizable church, denomination, or sect, when the member  3,798        

of the clergy, rabbi, priest, or minister remains accountable to   3,800        

the authority of that church, denomination, or sect, concerning a  3,801        

confession made, or any information confidentially communicated,   3,802        

to the member of the clergy, rabbi, priest, or minister for a      3,804        

religious counseling purpose in the member of the clergy's,        3,805        

rabbi's, priest's, or minister's professional character; however,  3,807        

the member of the clergy, rabbi, priest, or minister may testify   3,809        

by express consent of the person making the communication, except  3,810        

when the disclosure of the information is in violation of a        3,811        

sacred trust.                                                                   

      (D)  Husband or wife, concerning any communication made by   3,813        

one to the other, or an act done by either in the presence of the  3,814        

other, during coverture, unless the communication was made, or     3,815        

act done, in the known presence or hearing of a third person       3,816        

competent to be a witness; and such rule is the same if the        3,817        

marital relation has ceased to exist.                              3,818        

      (E)  A person who assigns a claim or interest, concerning    3,820        

any matter in respect to which the person would not, if a party,   3,822        

be permitted to testify;                                                        

      (F)  A person who, if a party, would be restricted under     3,825        

section 2317.03 of the Revised Code, when the property or thing    3,826        

is sold or transferred by an executor, administrator, guardian,    3,827        

trustee, heir, devisee, or legatee, shall be restricted in the     3,828        

same manner in any action or proceeding concerning the property    3,829        

or thing.                                                                       

      (G)(1)  A school guidance counselor who holds a valid        3,831        

educator license from the state board of education as provided     3,833        

                                                          92     


                                                                 
for in section 3319.22 of the Revised Code, a person licensed      3,834        

under Chapter 4757. of the Revised Code as a professional          3,835        

clinical counselor, professional counselor, social worker, or      3,836        

independent social worker, or registered under Chapter 4757. of    3,837        

the Revised Code as a social work assistant concerning a           3,838        

confidential communication received from a client in that          3,839        

relation or the person's advice to a client unless any of the      3,841        

following applies:                                                              

      (a)  The communication or advice indicates clear and         3,843        

present danger to the client or other persons.  For the purposes   3,844        

of this division, cases in which there are indications of present  3,845        

or past child abuse or neglect of the client constitute a clear    3,846        

and present danger.                                                3,847        

      (b)  The client gives express consent to the testimony.      3,849        

      (c)  If the client is deceased, the surviving spouse or the  3,851        

executor or administrator of the estate of the deceased client     3,852        

gives express consent.                                             3,853        

      (d)  The client voluntarily testifies, in which case the     3,855        

school guidance counselor or person licensed or registered under   3,856        

Chapter 4757. of the Revised Code may be compelled to testify on   3,858        

the same subject.                                                               

      (e)  The court in camera determines that the information     3,860        

communicated by the client is not germane to the counselor-client  3,861        

or social worker-client relationship.                              3,862        

      (f)  A court, in an action brought against a school, its     3,864        

administration, or any of its personnel by the client, rules       3,865        

after an in-camera inspection that the testimony of the school     3,866        

guidance counselor is relevant to that action.                     3,867        

      (2)  Nothing in division (G)(1) of this section shall        3,869        

relieve a school guidance counselor or a person licensed or        3,871        

registered under Chapter 4757. of the Revised Code from the        3,873        

requirement to report information concerning child abuse or        3,874        

neglect under section 2151.421 of the Revised Code.                             

      (H)  A mediator acting under a mediation order issued under  3,876        

                                                          93     


                                                                 
division (A) of section 3109.052 of the Revised Code or otherwise  3,877        

issued in any proceeding for divorce, dissolution, legal           3,878        

separation, annulment, or the allocation of parental rights and    3,879        

responsibilities for the care of children, in any action or        3,880        

proceeding, other than a criminal, delinquency, child abuse,       3,881        

child neglect, or dependent child action or proceeding, that is    3,882        

brought by or against either parent who takes part in mediation    3,883        

in accordance with the order and that pertains to the mediation    3,884        

process, to any information discussed or presented in the          3,885        

mediation process, to the allocation of parental rights and        3,886        

responsibilities for the care of the parents' children, or to the  3,887        

awarding of visitation PARENTING TIME rights in relation to their  3,889        

children.                                                                       

      (I)  A communications assistant, acting within the scope of  3,891        

the communication assistant's authority, when providing            3,892        

telecommunications relay service pursuant to section 4931.35 of    3,894        

the Revised Code or Title II of the "Communications Act of 1934,"  3,895        

104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication    3,896        

made through a telecommunications relay service.                   3,897        

      Nothing in this section shall limit any immunity or          3,899        

privilege granted under federal law or regulation.  Nothing in     3,900        

this section shall limit the obligation of a communications        3,901        

assistant to divulge information or testify when mandated by       3,902        

federal law or regulation or pursuant to subpoena in a criminal    3,903        

proceeding.                                                        3,904        

      Sec. 2329.66.  (A)  Every person who is domiciled in this    3,913        

state may hold property exempt from execution, garnishment,        3,914        

attachment, or sale to satisfy a judgment or order, as follows:    3,915        

      (1)(a)  In the case of a judgment or order regarding money   3,917        

owed for health care services rendered or health care supplies     3,918        

provided to the person or a dependent of the person, one parcel    3,919        

or item of real or personal property that the person or a          3,920        

dependent of the person uses as a residence.  Division (A)(1)(a)   3,921        

of this section does not preclude, affect, or invalidate the       3,922        

                                                          94     


                                                                 
creation under this chapter of a judgment lien upon the exempted   3,923        

property but only delays the enforcement of the lien until the     3,924        

property is sold or otherwise transferred by the owner or in       3,925        

accordance with other applicable laws to a person or entity other  3,926        

than the surviving spouse or surviving minor children of the       3,927        

judgment debtor.  Every person who is domiciled in this state may  3,928        

hold exempt from a judgment lien created pursuant to division      3,929        

(A)(1)(a) of this section the person's interest, not to exceed     3,930        

five thousand dollars, in the exempted property.                   3,931        

      (b)  In the case of all other judgments and orders, the      3,933        

person's interest, not to exceed five thousand dollars, in one     3,934        

parcel or item of real or personal property that the person or a   3,935        

dependent of the person uses as a residence.                       3,936        

      (2)  The person's interest, not to exceed one thousand       3,938        

dollars, in one motor vehicle;                                     3,939        

      (3)  The person's interest, not to exceed two hundred        3,941        

dollars in any particular item, in wearing apparel, beds, and      3,942        

bedding, and the person's interest, not to exceed three hundred    3,943        

dollars in each item, in one cooking unit and one refrigerator or  3,944        

other food preservation unit;                                      3,945        

      (4)(a)  The person's interest, not to exceed four hundred    3,947        

dollars, in cash on hand, money due and payable, money to become   3,948        

due within ninety days, tax refunds, and money on deposit with a   3,949        

bank, savings and loan association, credit union, public utility,  3,950        

landlord, or other person.  Division (A)(4)(a) of this section     3,951        

applies only in bankruptcy proceedings.  This exemption may        3,952        

include the portion of personal earnings that is not exempt under  3,953        

division (A)(13) of this section.                                  3,954        

      (b)  Subject to division (A)(4)(d) of this section, the      3,956        

person's interest, not to exceed two hundred dollars in any        3,957        

particular item, in household furnishings, household goods,        3,958        

appliances, books, animals, crops, musical instruments, firearms,  3,959        

and hunting and fishing equipment, that are held primarily for     3,960        

the personal, family, or household use of the person;              3,961        

                                                          95     


                                                                 
      (c)  Subject to division (A)(4)(d) of this section, the      3,963        

person's interest in one or more items of jewelry, not to exceed   3,964        

four hundred dollars in one item of jewelry and not to exceed two  3,965        

hundred dollars in every other item of jewelry;                    3,966        

      (d)  Divisions (A)(4)(b) and (c) of this section do not      3,968        

include items of personal property listed in division (A)(3) of    3,969        

this section.                                                      3,970        

      If the person does not claim an exemption under division     3,972        

(A)(1) of this section, the total exemption claimed under          3,973        

division (A)(4)(b) of this section shall be added to the total     3,974        

exemption claimed under division (A)(4)(c) of this section, and    3,975        

the total shall not exceed two thousand dollars.  If the person    3,976        

claims an exemption under division (A)(1) of this section, the     3,977        

total exemption claimed under division (A)(4)(b) of this section   3,978        

shall be added to the total exemption claimed under division       3,979        

(A)(4)(c) of this section, and the total shall not exceed one      3,980        

thousand five hundred dollars.                                     3,981        

      (5)  The person's interest, not to exceed an aggregate of    3,983        

seven hundred fifty dollars, in all implements, professional       3,984        

books, or tools of the person's profession, trade, or business,    3,985        

including agriculture;                                             3,987        

      (6)(a)  The person's interest in a beneficiary fund set      3,989        

apart, appropriated, or paid by a benevolent association or        3,990        

society, as exempted by section 2329.63 of the Revised Code;       3,991        

      (b)  The person's interest in contracts of life or           3,993        

endowment insurance or annuities, as exempted by section 3911.10   3,994        

of the Revised Code;                                               3,995        

      (c)  The person's interest in a policy of group insurance    3,997        

or the proceeds of a policy of group insurance, as exempted by     3,998        

section 3917.05 of the Revised Code;                               3,999        

      (d)  The person's interest in money, benefits, charity,      4,001        

relief, or aid to be paid, provided, or rendered by a fraternal    4,002        

benefit society, as exempted by section 3921.18 of the Revised     4,003        

Code;                                                              4,004        

                                                          96     


                                                                 
      (e)  The person's interest in the portion of benefits under  4,006        

policies of sickness and accident insurance and in lump-sum LUMP   4,008        

SUM payments for dismemberment and other losses insured under                   

those policies, as exempted by section 3923.19 of the Revised      4,009        

Code.                                                                           

      (7)  The person's professionally prescribed or medically     4,011        

necessary health aids;                                             4,012        

      (8)  The person's interest in a burial lot, including, but   4,014        

not limited to, exemptions under section 517.09 or 1721.07 of the  4,015        

Revised Code;                                                      4,016        

      (9)  The person's interest in the following:                 4,018        

      (a)  Moneys paid or payable for living maintenance or        4,020        

rights, as exempted by section 3304.19 of the Revised Code;        4,021        

      (b)  Workers' compensation, as exempted by section 4123.67   4,024        

of the Revised Code;                                               4,025        

      (c)  Unemployment compensation benefits, as exempted by      4,027        

section 4141.32 of the Revised Code;                               4,028        

      (d)  Cash assistance payments under the Ohio works first     4,030        

program, as exempted by section 5107.75 of the Revised Code;       4,032        

      (e)  Disability assistance payments, as exempted by section  4,034        

5115.07 of the Revised Code.                                       4,035        

      (10)(a)  Except in cases in which the person was convicted   4,037        

of or pleaded guilty to a violation of section 2921.41 of the      4,038        

Revised Code and in which an order for the withholding of          4,039        

restitution from payments was issued under division (C)(2)(b) of   4,040        

that section or in cases in which an order for withholding was     4,041        

issued under section 2907.15 of the Revised Code, and only to the  4,042        

extent provided in the order, and except as provided in sections   4,043        

3105.171, 3105.63, 3111.23, and 3113.21 3119.80, 3119.81,          4,045        

3121.02, 3121.03, AND 3123.06 of the Revised Code, the person's    4,046        

right to a pension, benefit, annuity, retirement allowance, or     4,047        

accumulated contributions, the person's right to a participant     4,048        

account in any deferred compensation program offered by the Ohio   4,049        

public employees deferred compensation board, a government unit,   4,050        

                                                          97     


                                                                 
or a municipal corporation, or the person's other accrued or       4,051        

accruing rights, as exempted by section 145.56, 145.75, 146.13,    4,052        

742.47, 3307.71, 3309.66, or 5505.22 of the Revised Code, and the  4,053        

person's right to benefits from the firemen and policemen's death  4,055        

benefit fund;                                                                   

      (b)  Except as provided in sections 3111.23 3119.80,         4,057        

3119.81, 3121.02, 3121.03, and 3113.21 3123.06 of the Revised      4,059        

Code, the person's right to receive a payment under any pension,   4,060        

annuity, or similar plan or contract, not including a payment      4,061        

from a stock bonus or profit-sharing plan or a payment included    4,062        

in division (A)(6)(b) or (10)(a) of this section, on account of    4,063        

illness, disability, death, age, or length of service, to the      4,064        

extent reasonably necessary for the support of the person and any  4,065        

of the person's dependents, except if all the following apply:     4,066        

      (i)  The plan or contract was established by or under the    4,068        

auspices of an insider that employed the person at the time the    4,069        

person's rights under the plan or contract arose.                  4,070        

      (ii)  The payment is on account of age or length of          4,072        

service.                                                           4,073        

      (iii)  The plan or contract is not qualified under the       4,075        

"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as   4,076        

amended.                                                           4,077        

      (c)  Except for any portion of the assets that were          4,079        

deposited for the purpose of evading the payment of any debt and   4,080        

except as provided in sections 3111.23 3119.80, 3119.81, 3121.02,  4,082        

3121.03, and 3113.21 3123.06 of the Revised Code, the person's     4,084        

right in the assets held in, or to receive any payment under, any  4,085        

individual retirement account, individual retirement annuity,      4,086        

"Roth IRA," or education individual retirement account that        4,088        

provides benefits by reason of illness, disability, death, or      4,089        

age, to the extent that the assets, payments, or benefits          4,090        

described in division (A)(10)(c) of this section are attributable  4,091        

to any of the following:                                           4,092        

      (i)  Contributions of the person that were less than or      4,095        

                                                          98     


                                                                 
equal to the applicable limits on deductible contributions to an   4,096        

individual retirement account or individual retirement annuity in  4,097        

the year that the contributions were made, whether or not the      4,098        

person was eligible to deduct the contributions on the person's    4,099        

federal tax return for the year in which the contributions were    4,100        

made;                                                                           

      (ii)  Contributions of the person that were less than or     4,103        

equal to the applicable limits on contributions to a Roth IRA or   4,104        

education individual retirement account in the year that the       4,105        

contributions were made;                                                        

      (iii)  Contributions of the person that are within the       4,108        

applicable limits on rollover contributions under subsections      4,109        

219, 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3),              4,110        

408A(c)(3)(B), 408A(d)(3), and 530(d)(5) of the "Internal Revenue  4,113        

Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.          4,115        

      (d)  Except for any portion of the assets that were          4,118        

deposited for the purpose of evading the payment of any debt and   4,119        

except as provided in sections 3111.23 3119.80, 3119.81, 3121.02,  4,120        

3121.03, and 3113.21 3123.06 of the Revised Code, the person's     4,121        

right in the assets held in, or to receive any payment under, any  4,123        

Keogh or "H.R. 10" plan that provides benefits by reason of        4,124        

illness, disability, death, or age, to the extent reasonably                    

necessary for the support of the person and any of the person's    4,125        

dependents.                                                        4,126        

      (11)  The person's right to receive spousal support, child   4,128        

support, an allowance, or other maintenance to the extent          4,129        

reasonably necessary for the support of the person and any of the  4,130        

person's dependents;                                               4,132        

      (12)  The person's right to receive, or moneys received      4,134        

during the preceding twelve calendar months from, any of the       4,135        

following:                                                         4,136        

      (a)  An award of reparations under sections 2743.51 to       4,138        

2743.72 of the Revised Code, to the extent exempted by division    4,139        

(D) of section 2743.66 of the Revised Code;                        4,140        

                                                          99     


                                                                 
      (b)  A payment on account of the wrongful death of an        4,142        

individual of whom the person was a dependent on the date of the   4,143        

individual's death, to the extent reasonably necessary for the     4,144        

support of the person and any of the person's dependents;          4,145        

      (c)  Except in cases in which the person who receives the    4,147        

payment is an inmate, as defined in section 2969.21 of the         4,148        

Revised Code, and in which the payment resulted from a civil       4,149        

action or appeal against a government entity or employee, as       4,150        

defined in section 2969.21 of the Revised Code, a payment, not to               

exceed five thousand dollars, on account of personal bodily        4,152        

injury, not including pain and suffering or compensation for       4,153        

actual pecuniary loss, of the person or an individual for whom     4,154        

the person is a dependent;                                                      

      (d)  A payment in compensation for loss of future earnings   4,156        

of the person or an individual of whom the person is or was a      4,157        

dependent, to the extent reasonably necessary for the support of   4,158        

the debtor and any of the debtor's dependents.                     4,159        

      (13)  Except as provided in sections 3111.23 3119.80,        4,161        

3119.81, 3121.02, 3121.03, and 3113.21 3123.06 of the Revised      4,162        

Code, personal earnings of the person owed to the person for       4,164        

services in an amount equal to the greater of the following                     

amounts:                                                           4,165        

      (a)  If paid weekly, thirty times the current federal        4,167        

minimum hourly wage; if paid biweekly, sixty times the current     4,168        

federal minimum hourly wage; if paid semimonthly, sixty-five       4,169        

times the current federal minimum hourly wage; or if paid          4,170        

monthly, one hundred thirty times the current federal minimum      4,171        

hourly wage that is in effect at the time the earnings are         4,172        

payable, as prescribed by the "Fair Labor Standards Act of 1938,"  4,173        

52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended;                    4,174        

      (b)  Seventy-five per cent of the disposable earnings owed   4,176        

to the person.                                                     4,177        

      (14)  The person's right in specific partnership property,   4,179        

as exempted by division (B)(3) of section 1775.24 of the Revised   4,180        

                                                          100    


                                                                 
Code;                                                              4,181        

      (15)  A seal and official register of a notary public, as    4,183        

exempted by section 147.04 of the Revised Code;                    4,184        

      (16)  The person's interest in a tuition credit or a         4,186        

payment under section 3334.09 of the Revised Code pursuant to a    4,187        

tuition credit contract, as exempted by section 3334.15 of the     4,188        

Revised Code;                                                                   

      (17)  Any other property that is specifically exempted from  4,190        

execution, attachment, garnishment, or sale by federal statutes    4,191        

other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11  4,192        

U.S.C.A. 101, as amended;                                          4,193        

      (18)  The person's interest, not to exceed four hundred      4,195        

dollars, in any property, except that division (A)(18) of this     4,196        

section applies only in bankruptcy proceedings.                    4,197        

      (B)  As used in this section:                                4,199        

      (1)  "Disposable earnings" means net earnings after the      4,201        

garnishee has made deductions required by law, excluding the       4,202        

deductions ordered pursuant to section 3111.23 3119.80, 3119.81,   4,203        

3121.02, 3121.03, or 3113.21 3123.06 of the Revised Code.          4,205        

      (2)  "Insider" means:                                        4,207        

      (a)  If the person who claims an exemption is an             4,209        

individual, a relative of the individual, a relative of a general  4,210        

partner of the individual, a partnership in which the individual   4,211        

is a general partner, a general partner of the individual, or a    4,212        

corporation of which the individual is a director, officer, or in  4,213        

control;                                                           4,214        

      (b)  If the person who claims an exemption is a              4,216        

corporation, a director or officer of the corporation; a person    4,217        

in control of the corporation; a partnership in which the          4,218        

corporation is a general partner; a general partner of the         4,219        

corporation; or a relative of a general partner, director,         4,220        

officer, or person in control of the corporation;                  4,221        

      (c)  If the person who claims an exemption is a              4,223        

partnership, a general partner in the partnership; a general       4,224        

                                                          101    


                                                                 
partner of the partnership; a person in control of the             4,225        

partnership; a partnership in which the partnership is a general   4,226        

partner; or a relative in, a general partner of, or a person in    4,227        

control of the partnership;                                        4,228        

      (d)  An entity or person to which or whom any of the         4,230        

following applies:                                                 4,231        

      (i)  The entity directly or indirectly owns, controls, or    4,233        

holds with power to vote, twenty per cent or more of the           4,234        

outstanding voting securities of the person who claims an          4,235        

exemption, unless the entity holds the securities in a fiduciary   4,236        

or agency capacity without sole discretionary power to vote the    4,237        

securities or holds the securities solely to secure to debt and    4,238        

the entity has not in fact exercised the power to vote.            4,239        

      (ii)  The entity is a corporation, twenty per cent or more   4,241        

of whose outstanding voting securities are directly or indirectly  4,242        

owned, controlled, or held with power to vote, by the person who   4,243        

claims an exemption or by an entity to which division              4,244        

(B)(2)(d)(i) of this section applies.                              4,245        

      (iii)  A person whose business is operated under a lease or  4,247        

operating agreement by the person who claims an exemption, or a    4,248        

person substantially all of whose business is operated under an    4,249        

operating agreement with the person who claims an exemption.       4,250        

      (iv)  The entity operates the business or all or             4,252        

substantially all of the property of the person who claims an      4,253        

exemption under a lease or operating agreement.                    4,254        

      (e)  An insider, as otherwise defined in this section, of a  4,256        

person or entity to which division (B)(2)(d)(i), (ii), (iii), or   4,257        

(iv) of this section applies, as if the person or entity were a    4,258        

person who claims an exemption;                                    4,259        

      (f)  A managing agent of the person who claims an            4,261        

exemption.                                                         4,262        

      (3)  "Participant account" has the same meaning as in        4,264        

section 145.71 of the Revised Code.                                4,265        

      (4)  "Government unit" has the same meaning as in section    4,267        

                                                          102    


                                                                 
145.74 of the Revised Code.                                        4,268        

      (C)  For purposes of this section, "interest" shall be       4,270        

determined as follows:                                             4,271        

      (1)  In bankruptcy proceedings, as of the date a petition    4,273        

is filed with the bankruptcy court commencing a case under Title   4,274        

11 of the United States Code;                                      4,275        

      (2)  In all cases other than bankruptcy proceedings, as of   4,277        

the date of an appraisal, if necessary under section 2329.68 of    4,278        

the Revised Code, or the issuance of a writ of execution.          4,279        

      An interest, as determined under division (C)(1) or (2) of   4,281        

this section, shall not include the amount of any lien otherwise   4,282        

valid pursuant to section 2329.661 of the Revised Code.            4,283        

      Sec. 2705.02.  A person guilty of any of the following acts  4,292        

may be punished as for a contempt:                                 4,293        

      (A)  Disobedience of, or resistance to, a lawful writ,       4,295        

process, order, rule, judgment, or command of a court or officer;  4,296        

      (B)  Misbehavior of an officer of the court in the           4,298        

performance of official duties, or in official transactions;       4,300        

      (C)  A failure to obey a subpoena duly served, or a refusal  4,302        

to be sworn or to answer as a witness, when lawfully required;     4,303        

      (D)  The rescue, or attempted rescue, of a person or of      4,305        

property in the custody of an officer by virtue of an order or     4,306        

process of court held by the officer;                              4,307        

      (E)  A failure upon the part of a person recognized to       4,309        

appear as a witness in a court to appear in compliance with the    4,310        

terms of the person's recognizance;                                4,311        

      (F)  A failure to comply with an order issued pursuant to    4,313        

section 3111.20, 3111.211, or 3111.22 3109.19 OR 3111.81 of the    4,315        

Revised Code or a withholding or deduction notice issued under     4,317        

section 3111.23 of the Revised Code;                                            

      (G)  A failure to obey a subpoena issued by the department   4,319        

of human services or a child support enforcement agency pursuant   4,320        

to section 5101.37 of the Revised Code;                            4,321        

      (H)  A willful failure to submit to genetic testing, or a    4,324        

                                                          103    


                                                                 
willful failure to submit a child to genetic testing, as required  4,325        

by an order for genetic testing issued under section 3111.22       4,326        

3111.41 of the Revised Code.                                       4,327        

      Sec. 2705.031.  (A)  As used in this section, "Title IV-D    4,336        

case" has the same meaning as in section 3113.21 3125.01 of the    4,338        

Revised Code.                                                                   

      (B)(1)  Any party who has a legal claim to any support       4,340        

ordered for a child, spouse, or former spouse may initiate a       4,341        

contempt action for failure to pay the support.  In Title IV-D     4,342        

cases, the contempt action for failure to pay support also may be  4,343        

initiated by an attorney retained by the party who has the legal   4,344        

claim, the prosecuting attorney, or an attorney of the department  4,345        

of human services or the child support enforcement agency.         4,346        

      (2)  Any PARENT WHO IS GRANTED PARENTING TIME RIGHTS UNDER   4,348        

A PARENTING TIME ORDER OR DECREE ISSUED PURSUANT TO SECTION        4,349        

3109.051 OR 3109.12 OF THE REVISED CODE, ANY person who is         4,350        

granted visitation rights under a visitation order or decree       4,352        

issued pursuant to section 3109.051, 3109.11, or 3109.12 of the    4,353        

Revised Code or pursuant to any other provision of the Revised     4,354        

Code, or any other person who is subject to any PARENTING TIME OR  4,355        

visitation order or decree, may initiate a contempt action for a   4,357        

failure to comply with, or an interference with, the order or      4,358        

decree.                                                                         

      (C)  In any contempt action initiated pursuant to division   4,360        

(B) of this section, the accused shall appear upon the summons     4,361        

and order to appear that is issued by the court.  The summons      4,362        

shall include all of the following:                                4,363        

      (1)  Notice that failure to appear may result in the         4,365        

issuance of an order of arrest, and in cases involving alleged     4,366        

failure to pay support, the issuance of an order for the payment   4,367        

of support by withholding an amount from the personal earnings of  4,368        

the accused or by withholding or deducting an amount from some     4,369        

other asset of the accused;                                        4,370        

      (2)  Notice that the accused has a right to counsel, and     4,372        

                                                          104    


                                                                 
that if the accused believes that he is indigent, the accused      4,373        

must apply for a public defender or court appointed counsel        4,374        

within three business days after receipt of the summons;           4,375        

      (3)  Notice that the court may refuse to grant a             4,377        

continuance at the time of the hearing for the purpose of the      4,378        

accused obtaining counsel, if the accused fails to make a good     4,379        

faith effort to retain counsel or to obtain a public defender;     4,380        

      (4)  Notice of the potential penalties that could be         4,382        

imposed upon the accused, if the accused is found guilty of        4,383        

contempt for failure to pay support or for a failure to comply     4,384        

with, or an interference with, a PARENTING TIME OR visitation      4,385        

order or decree.                                                   4,386        

      (D)  If the accused is served as required by the Rules of    4,388        

Civil Procedure or by any special statutory proceedings that are   4,389        

relevant to the case, the court may order the attachment of the    4,390        

person of the accused upon failure to appear as ordered by the     4,391        

court.                                                             4,392        

      (E)  The imposition of any penalty for contempt under        4,394        

section 2705.05 of the Revised Code shall not eliminate any        4,395        

obligation of the accused to pay any past, present, or future      4,396        

support obligation or any obligation of the accused to comply      4,397        

with or refrain from interfering with the PARENTING TIME OR        4,398        

visitation order or decree.  The court shall have jurisdiction to  4,400        

make a finding of contempt for the failure to pay support and to   4,401        

impose the penalties set forth in section 2705.05 of the Revised   4,402        

Code in all cases in which past due support is at issue even if    4,403        

the duty to pay support has terminated, and shall have             4,404        

jurisdiction to make a finding of contempt for a failure to        4,405        

comply with, or an interference with, a PARENTING TIME OR          4,406        

visitation order or decree and to impose the penalties set forth   4,408        

in section 2705.05 of the Revised Code in all cases in which the   4,409        

failure or interference is at issue even if the PARENTING TIME OR  4,410        

visitation order or decree no longer is in effect.                 4,411        

      Sec. 2716.01.  (A)  A person who obtains a judgment against  4,420        

                                                          105    


                                                                 
another person may garnish the personal earnings of the person     4,421        

against whom judgment was obtained only through a proceeding in    4,422        

garnishment of personal earnings and only in accordance with this  4,424        

chapter.                                                                        

      (B)  A person who obtains a judgment against another person  4,426        

may garnish the property, other than personal earnings, of the     4,427        

person against whom judgment was obtained, if the property is in   4,428        

the possession of a person other than the person against whom      4,429        

judgment was obtained, only through a proceeding in garnishment    4,430        

and only in accordance with this chapter.                          4,431        

      (C)  As used in this chapter:                                4,433        

      (1)  "Employer" means a person who is required to withhold   4,435        

taxes out of payments of personal earnings made to a judgment      4,436        

debtor.                                                            4,437        

      (2)  "Personal earnings" means money, or any other           4,439        

consideration or thing of value, that is paid or due to a person   4,440        

in exchange for work, labor, or personal services provided by the  4,441        

person to an employer.                                             4,442        

      (3)  "Judgment creditor" means a person who has obtained a   4,444        

judgment in a civil action against another person.                 4,445        

      (4)  "Judgment debtor" means a person against whom a         4,447        

judgment has been obtained in a civil action.                      4,448        

      (5)  "Support order" has the same meaning as in section      4,450        

3113.21 3121.01 of the Revised Code.                               4,451        

      Sec. 2919.22.  (A)  No person, who is the parent, guardian,  4,460        

custodian, person having custody or control, or person in loco     4,461        

parentis of a child under eighteen years of age or a mentally or   4,462        

physically handicapped child under twenty-one years of age, shall  4,463        

create a substantial risk to the health or safety of the child,    4,464        

by violating a duty of care, protection, or support.  It is not a  4,465        

violation of a duty of care, protection, or support under this     4,466        

division when the parent, guardian, custodian, or person having    4,467        

custody or control of a child treats the physical or mental        4,468        

illness or defect of the child by spiritual means through prayer   4,469        

                                                          106    


                                                                 
alone, in accordance with the tenets of a recognized religious     4,470        

body.                                                              4,471        

      (B)  No person shall do any of the following to a child      4,473        

under eighteen years of age or a mentally or physically            4,474        

handicapped child under twenty-one years of age:                   4,475        

      (1)  Abuse the child;                                        4,477        

      (2)  Torture or cruelly abuse the child;                     4,479        

      (3)  Administer corporal punishment or other physical        4,481        

disciplinary measure, or physically restrain the child in a cruel  4,482        

manner or for a prolonged period, which punishment, discipline,    4,483        

or restraint is excessive under the circumstances and creates a    4,484        

substantial risk of serious physical harm to the child;            4,485        

      (4)  Repeatedly administer unwarranted disciplinary          4,487        

measures to the child, when there is a substantial risk that such  4,488        

conduct, if continued, will seriously impair or retard the         4,489        

child's mental health or development;                              4,490        

      (5)  Entice, coerce, permit, encourage, compel, hire,        4,492        

employ, use, or allow the child to act, model, or in any other     4,493        

way participate in, or be photographed for, the production,        4,494        

presentation, dissemination, or advertisement of any material or   4,495        

performance that the offender knows or reasonably should know is   4,497        

obscene, is sexually oriented matter, or is nudity-oriented        4,498        

matter.                                                                         

      (C)(1)  No person shall operate a vehicle, streetcar, or     4,500        

trackless trolley within this state in violation of division (A)   4,502        

of section 4511.19 of the Revised Code when one or more children   4,503        

under eighteen years of age are in the vehicle, streetcar, or      4,504        

trackless trolley.  Notwithstanding any other provision of law, a  4,505        

person may be convicted at the same trial or proceeding of a       4,506        

violation of this division and a violation of division (A) of      4,507        

section 4511.19 of the Revised Code that constitutes the basis of  4,508        

the charge of the violation of this division.  For purposes of     4,509        

section 4511.191 of the Revised Code and all related provisions    4,510        

of law, a person arrested for a violation of this division shall   4,511        

                                                          107    


                                                                 
be considered to be under arrest for operating a vehicle while     4,512        

under the influence of alcohol, a drug of abuse, or alcohol and a  4,513        

drug of abuse or for operating a vehicle with a prohibited         4,514        

concentration of alcohol in the blood, breath, or urine.           4,515        

      (2)  As used in division (C)(1) of this section, "vehicle,"  4,517        

"streetcar," and "trackless trolley" have the same meanings as in  4,518        

section 4511.01 of the Revised Code.                               4,519        

      (D)(1)  Division (B)(5) of this section does not apply to    4,521        

any material or performance that is produced, presented, or        4,522        

disseminated for a bona fide medical, scientific, educational,     4,523        

religious, governmental, judicial, or other proper purpose, by or  4,524        

to a physician, psychologist, sociologist, scientist, teacher,     4,525        

person pursuing bona fide studies or research, librarian,          4,526        

clergyman, prosecutor, judge, or other person having a proper      4,527        

interest in the material or performance.                           4,528        

      (2)  Mistake of age is not a defense to a charge under       4,530        

division (B)(5) of this section.                                   4,531        

      (3)  In a prosecution under division (B)(5) of this          4,533        

section, the trier of fact may infer that an actor, model, or      4,534        

participant in the material or performance involved is a juvenile  4,535        

if the material or performance, through its title, text, visual    4,536        

representation, or otherwise, represents or depicts the actor,     4,537        

model, or participant as a juvenile.                               4,538        

      (4)  As used in this division and division (B)(5) of this    4,540        

section:                                                           4,541        

      (a)  "Material," "performance," "obscene," and "sexual       4,543        

activity" have the same meanings as in section 2907.01 of the      4,544        

Revised Code.                                                      4,545        

      (b)  "Nudity-oriented matter" means any material or          4,547        

performance that shows a minor in a state of nudity and that,      4,548        

taken as a whole by the average person applying contemporary       4,549        

community standards, appeals to prurient interest.                 4,550        

      (c)  "Sexually oriented matter" means any material or        4,552        

performance that shows a minor participating or engaging in        4,553        

                                                          108    


                                                                 
sexual activity, masturbation, or bestiality.                      4,554        

      (E)(1)  Whoever violates this section is guilty of           4,556        

endangering children.                                              4,557        

      (2)  If the offender violates division (A) or (B)(1) of      4,559        

this section, endangering children is one of the following:        4,560        

      (a)  Except as otherwise provided in division (E)(2)(b),     4,563        

(c), or (d) of this section, a misdemeanor of the first degree;    4,564        

      (b)  If the offender previously has been convicted of an     4,567        

offense under this section or of any offense involving neglect,    4,568        

abandonment, contributing to the delinquency of, or physical       4,569        

abuse of a child, except as otherwise provided in division         4,570        

(E)(2)(c) or (d) of this section, a felony of the fourth degree;   4,571        

      (c)  If the violation is a violation of division (A) of      4,573        

this section and results in serious physical harm to the child     4,575        

involved, a felony of the third degree;                                         

      (d)  If the violation is a violation of division (B)(1) of   4,578        

this section and results in serious physical harm to the child     4,579        

involved, a felony of the second degree.                           4,580        

      (3)  If the offender violates division (B)(2), (3), or (4)   4,582        

of this section, except as otherwise provided in this division,    4,583        

endangering children is a felony of the third degree.  If the      4,585        

violation results in serious physical harm to the child involved,  4,587        

or if the offender previously has been convicted of an offense     4,588        

under this section or of any offense involving neglect,            4,589        

abandonment, contributing to the delinquency of, or physical       4,590        

abuse of a child, endangering children is a felony of the second   4,591        

degree.                                                                         

      (4)  If the offender violates division (B)(5) of this        4,594        

section, endangering children is a felony of the second degree.    4,595        

      (5)  If the offender violates division (C) of this section,  4,597        

the offender shall be punished as follows:                         4,598        

      (a)  Except as otherwise provided in division (E)(5)(b) or   4,601        

(c) of this section, endangering children in violation of                       

division (C) of this section is a misdemeanor of the first         4,603        

                                                          109    


                                                                 
degree.                                                                         

      (b)  If the violation results in serious physical harm to    4,605        

the child involved or the offender previously has been convicted   4,606        

of an offense under this section or any offense involving          4,607        

neglect, abandonment, contributing to the delinquency of, or       4,608        

physical abuse of a child, except as otherwise provided in         4,609        

division (E)(5)(c) of this section, endangering children in        4,611        

violation of division (C) of this section is a felony of the       4,613        

fifth degree.                                                                   

      (c)  If the violation results in serious physical harm to    4,615        

the child involved and if the offender previously has been         4,616        

convicted of a violation of division (C) of this section, section  4,617        

2903.06, 2903.07, or 2903.08 of the Revised Code, or section       4,618        

2903.04 of the Revised Code in a case in which the offender was    4,619        

subject to the sanctions described in division (D) of that         4,620        

section, endangering children in violation of division (C) of      4,621        

this section is a felony of the fourth degree.                     4,622        

      (d)  In addition to any term of imprisonment, fine, or       4,624        

other sentence, penalty, or sanction it imposes upon the offender  4,625        

pursuant to division (E)(5)(a), (b), or (c) of this section or     4,626        

pursuant to any other provision of law, the court also may impose  4,627        

upon the offender one or both of the following sanctions:          4,628        

      (i)  It may require the offender, as part of the offender's  4,630        

sentence and in the manner described in division (F) of this       4,631        

section, to perform not more than two hundred hours of supervised  4,632        

community service work under the authority of any agency,          4,633        

political subdivision, or charitable organization of the type      4,634        

described in division (F)(1) of section 2951.02 of the Revised     4,636        

Code, provided that the court shall not require the offender to    4,637        

perform supervised community service work under this division      4,638        

unless the offender agrees to perform the supervised community     4,639        

service work.                                                                   

      (ii)  It may suspend the driver's or commercial driver's     4,641        

license or permit or nonresident operating privilege of the        4,642        

                                                          110    


                                                                 
offender for up to ninety days, in addition to any suspension or   4,643        

revocation of the offender's driver's or commercial driver's       4,644        

license or permit or nonresident operating privilege under         4,645        

Chapter 4506., 4507., 4509., or 4511. of the Revised Code or       4,646        

under any other provision of law.                                  4,647        

      (e)  In addition to any term of imprisonment, fine, or       4,649        

other sentence, penalty, or sanction imposed upon the offender     4,650        

pursuant to division (E)(5)(a), (b), (c), or (d) of this section   4,651        

or pursuant to any other provision of law for the violation of     4,652        

division (C) of this section, if as part of the same trial or      4,653        

proceeding the offender also is convicted of or pleads guilty to   4,654        

a separate charge charging the violation of division (A) of        4,655        

section 4511.19 of the Revised Code that was the basis of the      4,656        

charge of the violation of division (C) of this section, the       4,657        

offender also shall be sentenced, in accordance with section       4,658        

4511.99 of the Revised Code, for that violation of division (A)    4,659        

of section 4511.19 of the Revised Code and also shall be subject   4,660        

to all other sanctions that are required or authorized by any      4,661        

provision of law for that violation of division (A) of section     4,662        

4511.19 of the Revised Code.                                       4,663        

      (F)(1)(a)  If a court, pursuant to division (E)(5)(d)(i) of  4,665        

this section, requires an offender to perform supervised           4,666        

community service work under the authority of an agency,           4,667        

subdivision, or charitable organization, the requirement shall be  4,668        

part of the community control sanction or sentence of the          4,669        

offender, and the court shall impose the community service in      4,671        

accordance with and subject to divisions (F)(1)(a) and (b) of      4,672        

this section.  The court may require an offender whom it requires  4,673        

to perform supervised community service work as part of the        4,674        

offender's community control sanction or sentence to pay the       4,675        

court a reasonable fee to cover the costs of the offender's        4,677        

participation in the work, including, but not limited to, the      4,679        

costs of procuring a policy or policies of liability insurance to  4,680        

cover the period during which the offender will perform the work.  4,681        

                                                          111    


                                                                 
If the court requires the offender to perform supervised           4,682        

community service work as part of the offender's community         4,683        

control sanction or sentence, the court shall do so in accordance  4,684        

with the following limitations and criteria:                       4,685        

      (i)  The court shall require that the community service      4,687        

work be performed after completion of the term of imprisonment     4,688        

imposed upon the offender for the violation of division (C) of     4,689        

this section, if applicable.                                       4,690        

      (ii)  The supervised community service work shall be         4,692        

subject to the limitations set forth in divisions (F)(1)(a) to     4,694        

(c) of section 2951.02 of the Revised Code.                                     

      (iii)  The community service work shall be supervised in     4,696        

the manner described in division (F)(1)(d) of section 2951.02 of   4,697        

the Revised Code by an official or person with the qualifications  4,698        

described in that division.  The official or person periodically   4,699        

shall report in writing to the court concerning the conduct of     4,700        

the offender in performing the work.                                            

      (iv)  The court shall inform the offender in writing that    4,702        

if the offender does not adequately perform, as determined by the  4,704        

court, all of the required community service work, the court may                

order that the offender be committed to a jail or workhouse for a  4,705        

period of time that does not exceed the term of imprisonment that  4,706        

the court could have imposed upon the offender for the violation   4,707        

of division (C) of this section, reduced by the total amount of    4,708        

time that the offender actually was imprisoned under the sentence  4,709        

or term that was imposed upon the offender for that violation and  4,710        

by the total amount of time that the offender was confined for     4,711        

any reason arising out of the offense for which the offender was   4,712        

convicted and sentenced as described in sections 2949.08 and       4,714        

2967.191 of the Revised Code, and that, if the court orders that   4,715        

the offender be so committed, the court is authorized, but not     4,716        

required, to grant the offender credit upon the period of the      4,717        

commitment for the community service work that the offender        4,718        

adequately performed.                                                           

                                                          112    


                                                                 
      (b)  If a court, pursuant to this division and division      4,720        

(E)(5)(d)(i) of this section, orders an offender to perform        4,721        

community service work as part of the offender's community         4,722        

control sanction or sentence and if the offender does not          4,724        

adequately perform all of the required community service work, as  4,725        

determined by the court, the court may order that the offender be  4,726        

committed to a jail or workhouse for a period of time that does    4,727        

not exceed the term of imprisonment that the court could have      4,728        

imposed upon the offender for the violation of division (C) of     4,729        

this section, reduced by the total amount of time that the         4,730        

offender actually was imprisoned under the sentence or term that   4,731        

was imposed upon the offender for that violation and by the total  4,732        

amount of time that the offender was confined for any reason       4,733        

arising out of the offense for which the offender was convicted    4,735        

and sentenced as described in sections 2949.08 and 2967.191 of                  

the Revised Code.  The court may order that a person committed     4,736        

pursuant to this division shall receive hour-for-hour credit upon  4,737        

the period of the commitment for the community service work that   4,738        

the offender adequately performed.  No commitment pursuant to      4,740        

this division shall exceed the period of the term of imprisonment  4,741        

that the sentencing court could have imposed upon the offender                  

for the violation of division (C) of this section, reduced by the  4,742        

total amount of time that the offender actually was imprisoned     4,743        

under that sentence or term and by the total amount of time that   4,744        

the offender was confined for any reason arising out of the        4,745        

offense for which the offender was convicted and sentenced as      4,746        

described in sections 2949.08 and 2967.191 of the Revised Code.    4,747        

      (2)  Divisions (E)(5)(d)(i) and (F)(1) of this section do    4,749        

not limit or affect the authority of the court to suspend the      4,750        

sentence imposed upon a misdemeanor offender and place the         4,751        

offender on probation or otherwise suspend the sentence pursuant   4,752        

to sections 2929.51 and 2951.02 of the Revised Code, to require    4,753        

the misdemeanor offender, as a condition of the offender's         4,754        

probation or of otherwise suspending the offender's sentence, to   4,755        

                                                          113    


                                                                 
perform supervised community service work in accordance with       4,757        

division (F) of section 2951.02 of the Revised Code, or to place   4,759        

a felony offender under a community control sanction.              4,761        

      (G)  If a court suspends an offender's driver's or           4,763        

commercial driver's license or permit or nonresident operating     4,764        

privilege under division (E)(5)(d)(ii) of this section, the        4,765        

period of the suspension shall be consecutive to, and commence     4,766        

after, the period of suspension or revocation of the offender's    4,767        

driver's or commercial driver's license or permit or nonresident   4,768        

operating privilege that is imposed under Chapter 4506., 4507.,    4,769        

4509., or 4511. of the Revised Code or under any other provision   4,770        

of law in relation to the violation of division (C) of this        4,771        

section that is the basis of the suspension under division         4,772        

(E)(5)(d)(ii) of this section or in relation to the violation of   4,773        

division (A) of section 4511.19 of the Revised Code that is the    4,774        

basis for that violation of division (C) of this section.          4,775        

      If an offender's license, permit, or privilege has been      4,777        

suspended under division (E)(5)(d)(ii) of this section and the     4,778        

offender, within the preceding seven years, has been convicted of  4,779        

or pleaded guilty to three or more violations of division (C) of   4,780        

this section, division (A) or (B) of section 4511.19 of the        4,781        

Revised Code, a municipal ordinance relating to operating a        4,782        

vehicle while under the influence of alcohol, a drug of abuse, or  4,783        

alcohol and a drug of abuse, a municipal ordinance relating to     4,784        

operating a vehicle with a prohibited concentration of alcohol in  4,785        

the blood, breath, or urine, section 2903.04 of the Revised Code   4,786        

in a case in which the offender was subject to the sanctions       4,788        

described in division (D) of that section, section 2903.06,        4,789        

2903.07, or 2903.08 of the Revised Code or a municipal ordinance                

that is substantially similar to section 2903.07 of the Revised    4,790        

Code in a case in which the jury or judge found that the offender  4,792        

was under the influence of alcohol, a drug of abuse, or alcohol                 

and a drug of abuse, or a statute of the United States or of any   4,794        

other state or a municipal ordinance of a municipal corporation    4,795        

                                                          114    


                                                                 
located in any other state that is substantially similar to                     

division (A) or (B) of section 4511.19 of the Revised Code, the    4,797        

offender is not entitled to request, and the court shall not       4,798        

grant to the offender, occupational driving privileges under this  4,799        

division.  Any other offender whose license, permit, or            4,800        

nonresident operating privilege has been suspended under division  4,801        

(E)(5)(d)(ii) of this section may file with the sentencing court   4,802        

a petition alleging that the suspension would seriously affect     4,803        

the offender's ability to continue employment.  Upon satisfactory  4,804        

proof that there is reasonable cause to believe that the           4,805        

suspension would seriously affect the offender's ability to        4,806        

continue employment, the court may grant the offender              4,807        

occupational driving privileges during the period during which     4,808        

the suspension otherwise would be imposed, except that the court   4,809        

shall not grant occupational driving privileges for employment as  4,810        

a driver of commercial motor vehicles to any person who is         4,811        

disqualified from operating a commercial motor vehicle under       4,812        

section 2301.374 3119.611 or 4506.16 of the Revised Code OR WHOSE  4,814        

COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY                    

INSTRUCTION PERMIT HAS BEEN SUSPENDED UNDER SECTION 3123.58 OF     4,815        

THE REVISED CODE.                                                               

      (H)(1)  If a person violates division (C) of this section    4,817        

and if, at the time of the violation, there were two or more       4,818        

children under eighteen years of age in the motor vehicle          4,819        

involved in the violation, the offender may be convicted of a      4,820        

violation of division (C) of this section for each of the          4,821        

children, but the court may sentence the offender for only one of  4,822        

the violations.                                                    4,823        

      (2)(a)  If a person is convicted of or pleads guilty to a    4,825        

violation of division (C) of this section but the person is not    4,826        

also convicted of and does not also plead guilty to a separate     4,827        

charge charging the violation of division (A) of section 4511.19   4,828        

of the Revised Code that was the basis of the charge of the        4,829        

violation of division (C) of this section, both of the following   4,830        

                                                          115    


                                                                 
apply:                                                             4,831        

      (i)  For purposes of the provisions of section 4511.99 of    4,833        

the Revised Code that set forth the penalties and sanctions for a  4,834        

violation of division (A) of section 4511.19 of the Revised Code,  4,835        

the conviction of or plea of guilty to the violation of division   4,836        

(C) of this section shall not constitute a violation of division   4,837        

(A) of section 4511.19 of the Revised Code;                        4,838        

      (ii)  For purposes of any provision of law that refers to a  4,840        

conviction of or plea of guilty to a violation of division (A) of  4,841        

section 4511.19 of the Revised Code and that is not described in   4,842        

division (H)(2)(a)(i) of this section, the conviction of or plea   4,843        

of guilty to the violation of division (C) of this section shall   4,844        

constitute a conviction of or plea of guilty to a violation of     4,845        

division (A) of section 4511.19 of the Revised Code.               4,846        

      (b)  If a person is convicted of or pleads guilty to a       4,848        

violation of division (C) of this section and the person also is   4,849        

convicted of or pleads guilty to a separate charge charging the    4,850        

violation of division (A) of section 4511.19 of the Revised Code   4,851        

that was the basis of the charge of the violation of division (C)  4,852        

of this section, the conviction of or plea of guilty to the        4,853        

violation of division (C) of this section shall not constitute,    4,854        

for purposes of any provision of law that refers to a conviction   4,855        

of or plea of guilty to a violation of division (A) of section     4,856        

4511.19 of the Revised Code, a conviction of or plea of guilty to  4,857        

a violation of division (A) of section 4511.19 of the Revised      4,858        

Code.                                                              4,859        

      (I)  As used in this section, "community control sanction"   4,862        

has the same meaning as in section 2929.01 of the Revised Code.    4,864        

      Sec. 2919.231.  (A)  No person, by using physical            4,873        

harassment or threats of violence against another person, shall    4,874        

interfere with the other person's initiation or continuance of,    4,876        

or attempt to prevent the other person from initiating or                       

continuing, an action to issue or modify a support order under     4,877        

Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        4,878        

                                                          116    


                                                                 
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     4,880        

3111.13, 3113.04, 3113.07, or 3113.31 of the Revised Code.         4,881        

      (B)  Whoever violates this section is guilty of interfering  4,883        

with an action to issue or modify a support order, a misdemeanor   4,884        

of the first degree.  If the offender previously has been          4,885        

convicted of or pleaded guilty to a violation of this section or   4,886        

of section 3111.29 3111.19 of the Revised Code, interfering with   4,888        

an action to issue or modify a support order is a felony of the    4,889        

fifth degree.                                                      4,890        

      Sec. 3103.03.  (A)  Each married person must support the     4,900        

person's self and spouse out of the person's property or by the    4,902        

person's labor.  If a married person is unable to do so, the       4,904        

spouse of the married person must assist in the support so far as  4,905        

the spouse is able.  The biological or adoptive parent of a minor  4,906        

child must support the parent's minor children out of the          4,908        

parent's property or by the parent's labor.                        4,909        

      (B)  Notwithstanding section 3109.01 of the Revised Code,    4,911        

the parental duty of support to children, including the duty of a  4,912        

parent to pay support pursuant to a child support order, shall     4,913        

continue beyond the age of majority as long as the child           4,914        

continuously attends on a full-time basis any recognized and       4,915        

accredited high school or a court-issued child support order       4,918        

provides that the duty of support continues beyond the age of      4,919        

majority.  Except in cases in which a COURT-ISSUED child support   4,920        

order requires the duty of support to continue for any period      4,921        

after the child reaches age nineteen, the order shall not remain   4,922        

in effect after the child reaches age nineteen.  That duty of      4,923        

support shall continue during seasonal vacation periods.           4,924        

      (C)  If a married person neglects to support the person's    4,927        

spouse in accordance with this section, any other person, in good  4,928        

faith, may supply the spouse with necessaries for the support of   4,929        

the spouse and recover the reasonable value of the necessaries     4,930        

supplied from the married person who neglected to support the      4,931        

spouse unless the spouse abandons that person without cause.       4,932        

                                                          117    


                                                                 
      (D)  If a parent neglects to support the parent's minor      4,935        

child in accordance with this section and if the minor child in    4,936        

question is unemancipated, any other person, in good faith, may    4,937        

supply the minor child with necessaries for the support of the     4,938        

minor child and recover the reasonable value of the necessaries    4,939        

supplied from the parent who neglected to support the minor        4,940        

child.                                                             4,941        

      (E)  If a decedent during the decedent's lifetime has        4,943        

purchased an irrevocable preneed funeral contract pursuant to      4,946        

section 1109.75 of the Revised Code, then the duty of support      4,947        

owed to a spouse pursuant to this section does not include an      4,949        

obligation to pay for the funeral expenses of the deceased         4,950        

spouse.  This division does not preclude a surviving spouse from   4,951        

assuming by contract the obligation to pay for the funeral         4,952        

expenses of the deceased spouse.                                   4,953        

      Sec. 3103.031.  A biological parent of a child, a man        4,962        

determined to be the natural father of a child under sections      4,963        

3111.01 to 3111.19 3111.18 or 3111.20 to 3111.29 3111.85 of the    4,965        

Revised Code, a parent who adopts a minor child pursuant to        4,966        

Chapter 3107. of the Revised Code, or a parent whose signed        4,967        

acknowledgment of paternity has become final pursuant to section   4,969        

2151.232, 3111.211 3111.25, or 5101.314 3111.821 of the Revised    4,970        

Code assumes the parental duty of support for that child.          4,973        

Notwithstanding section 3109.01 of the Revised Code, the parental  4,974        

duty of support to the child shall continue beyond the age of      4,975        

majority as long as the child continuously attends on a full-time  4,976        

basis any recognized and accredited high school or a court-issued  4,977        

child support order provides that the duty of support continues    4,978        

beyond the age of majority.  Except in cases in which a            4,980        

COURT-ISSUED child support order requires the duty of support to   4,981        

continue for any period after the child reaches age nineteen, the  4,982        

order shall not remain in effect after the child reaches age       4,983        

nineteen.  That duty of support shall continue during seasonal     4,984        

vacation periods.                                                               

                                                          118    


                                                                 
      Sec. 3105.18.  (A)  As used in this section, "spousal        4,993        

support" means any payment or payments to be made to a spouse or   4,994        

former spouse, or to a third party for the benefit of a spouse or  4,995        

a former spouse, that is both for sustenance and for support of    4,996        

the spouse or former spouse.  "Spousal support" does not include   4,997        

any payment made to a spouse or former spouse, or to a third       4,998        

party for the benefit of a spouse or former spouse, that is made   4,999        

as part of a division or distribution of property or a             5,000        

distributive award under section 3105.171 of the Revised Code.     5,001        

      (B)  In divorce and legal separation proceedings, upon the   5,003        

request of either party and after the court determines the         5,004        

division or disbursement of property under section 3105.171 of     5,005        

the Revised Code, the court of common pleas may award reasonable   5,006        

spousal support to either party.  During the pendency of any       5,007        

divorce, or legal separation proceeding, the court may award       5,008        

reasonable temporary spousal support to either party.              5,009        

      An award of spousal support may be allowed in real or        5,011        

personal property, or both, or by decreeing a sum of money,        5,012        

payable either in gross or by installments, from future income or  5,013        

otherwise, as the court considers equitable.                       5,014        

      Any award of spousal support made under this section shall   5,016        

terminate upon the death of either party, unless the order         5,017        

containing the award expressly provides otherwise.                 5,018        

      (C)(1)  In determining whether spousal support is            5,020        

appropriate and reasonable, and in determining the nature,         5,021        

amount, and terms of payment, and duration of spousal support,     5,022        

which is payable either in gross or in installments, the court     5,023        

shall consider all of the following factors:                       5,024        

      (a)  The income of the parties, from all sources,            5,026        

including, but not limited to, income derived from property        5,027        

divided, disbursed, or distributed under section 3105.171 of the   5,028        

Revised Code;                                                      5,029        

      (b)  The relative earning abilities of the parties;          5,031        

      (c)  The ages and the physical, mental, and emotional        5,033        

                                                          119    


                                                                 
conditions of the parties;                                         5,034        

      (d)  The retirement benefits of the parties;                 5,036        

      (e)  The duration of the marriage;                           5,038        

      (f)  The extent to which it would be inappropriate for a     5,040        

party, because that party will be custodian of a minor child of    5,042        

the marriage, to seek employment outside the home;                 5,043        

      (g)  The standard of living of the parties established       5,045        

during the marriage;                                               5,046        

      (h)  The relative extent of education of the parties;        5,048        

      (i)  The relative assets and liabilities of the parties,     5,050        

including but not limited to any court-ordered payments by the     5,051        

parties;                                                           5,052        

      (j) The contribution of each party to the education,         5,054        

training, or earning ability of the other party, including, but    5,055        

not limited to, any party's contribution to the acquisition of a   5,056        

professional degree of the other party;                            5,057        

      (k)  The time and expense necessary for the spouse who is    5,059        

seeking spousal support to acquire education, training, or job     5,060        

experience so that the spouse will be qualified to obtain          5,061        

appropriate employment, provided the education, training, or job   5,062        

experience, and employment is, in fact, sought;                    5,063        

      (l)  The tax consequences, for each party, of an award of    5,065        

spousal support;                                                   5,066        

      (m)  The lost income production capacity of either party     5,068        

that resulted from that party's marital responsibilities;          5,069        

      (n)  Any other factor that the court expressly finds to be   5,071        

relevant and equitable.                                            5,072        

      (2)  In determining whether spousal support is reasonable    5,074        

and in determining the amount and terms of payment of spousal      5,075        

support, each party shall be considered to have contributed        5,076        

equally to the production of marital income.                       5,077        

      (D)  In an action brought solely for an order for legal      5,079        

separation under section 3105.17 of the Revised Code, any          5,080        

continuing order for periodic payments of money entered pursuant   5,081        

                                                          120    


                                                                 
to this section is subject to further order of the court upon      5,082        

changed circumstances of either party.                             5,083        

      (E)  If a continuing order for periodic payments of money    5,085        

as alimony is entered in a divorce or dissolution of marriage      5,086        

action that is determined on or after May 2, 1986, and before      5,087        

January 1, 1991, or if a continuing order for periodic payments    5,088        

of money as spousal support is entered in a divorce or             5,089        

dissolution of marriage action that is determined on or after      5,090        

January 1, 1991, the court that enters the decree of divorce or    5,091        

dissolution of marriage does not have jurisdiction to modify the   5,092        

amount or terms of the alimony or spousal support unless the       5,093        

court determines that the circumstances of either party have       5,094        

changed and unless one of the following applies:                   5,095        

      (1)  In the case of a divorce, the decree or a separation    5,097        

agreement of the parties to the divorce that is incorporated into  5,098        

the decree contains a provision specifically authorizing the       5,099        

court to modify the amount or terms of alimony or spousal          5,100        

support.                                                           5,101        

      (2)  In the case of a dissolution of marriage, the           5,103        

separation agreement that is approved by the court and             5,104        

incorporated into the decree contains a provision specifically     5,105        

authorizing the court to modify the amount or terms of alimony or  5,106        

spousal support.                                                   5,107        

      (F)  For purposes of divisions (D) and (E) of this section,  5,109        

a change in the circumstances of a party includes, but is not      5,110        

limited to, any increase or involuntary decrease in the party's    5,111        

wages, salary, bonuses, living expenses, or medical expenses.      5,112        

      (G)  Each order for alimony made or modified by a court      5,114        

shall include as part of the order a general provision, as         5,116        

described in division (A)(1) of section 3113.21 of the Revised     5,117        

Code, requiring the withholding or deduction of income or assets   5,119        

of the obligor under the order as described in division (D) of     5,121        

section 3113.21 of the Revised Code or another type of             5,123        

appropriate requirement as described in division (D)(3), (D)(4),   5,124        

                                                          121    


                                                                 
or (H) of that section, to ensure that withholding or deduction    5,127        

from the income or assets of the obligor is available from the     5,129        

commencement of the support order for collection of the support    5,130        

and of any arrearages that occur; a statement requiring all        5,131        

parties to the order to notify the child support enforcement       5,132        

agency in writing of their current mailing address, current        5,133        

residence address, current residence telephone number, current     5,134        

driver's license number, and of any changes to that information;   5,135        

and a notice that the requirement to notify the agency of all      5,137        

changes to that information continues until further notice from    5,139        

the court.                                                                      

      If any person required to pay alimony under an order made    5,141        

or modified by a court on or after December 1, 1986, and before    5,142        

January 1, 1991, or any person required to pay spousal support     5,143        

under an order made or modified by a court on or after January 1,  5,144        

1991, is found in contempt of court for failure to make alimony    5,145        

or spousal support payments under the order, the court that makes  5,146        

the finding, in addition to any other penalty or remedy imposed,   5,147        

shall assess all court costs arising out of the contempt           5,148        

proceeding against the person and shall require the person to pay  5,149        

any reasonable attorney's fees of any adverse party, as            5,150        

determined by the court, that arose in relation to the act of      5,151        

contempt.                                                          5,152        

      (H)  In divorce or legal separation proceedings, the court   5,154        

may award reasonable attorney's fees to either party at any stage  5,155        

of the proceedings, including, but not limited to, any appeal,     5,156        

any proceeding arising from a motion to modify a prior order or    5,157        

decree, and any proceeding to enforce a prior order or decree, if  5,158        

it determines that the other party has the ability to pay the      5,159        

attorney's fees that the court awards.  When the court determines  5,160        

whether to award reasonable attorney's fees to any party pursuant  5,161        

to this division, it shall determine whether either party will be  5,162        

prevented from fully litigating that party's rights and            5,163        

adequately protecting that party's interests if it does not award  5,165        

                                                          122    


                                                                 
reasonable attorney's fees.                                                     

      Sec. 3105.21.  (A)  Upon satisfactory proof of the causes    5,174        

in the complaint for divorce, annulment, or legal separation, the  5,175        

court of common pleas shall make an order for the disposition,     5,176        

care, and maintenance of the children of the marriage, as is in    5,177        

their best interests, and in accordance with section 3109.04 of    5,178        

the Revised Code.                                                  5,179        

      (B)  Upon the failure of proof of the causes in the          5,181        

complaint, the court may make the order for the disposition,       5,182        

care, and maintenance of any dependent child of the marriage as    5,183        

is in the child's best interest, and in accordance with section    5,184        

3109.04 of the Revised Code.                                       5,185        

      (C)  Each order for child support made or modified under     5,187        

this section shall include as part of the order a general          5,189        

provision, as described in division (A)(1) of section 3113.21 of   5,190        

the Revised Code, requiring the withholding or deduction of        5,192        

income or assets of the obligor under the order as described in    5,194        

division (D) of section 3113.21 of the Revised Code, or another    5,196        

type of appropriate requirement as described in division (D)(3),   5,197        

(D)(4), or (H) of that section, to ensure that withholding or      5,200        

deduction from the income or assets of the obligor is available    5,202        

from the commencement of the support order for collection of the   5,203        

support and of any arrearages that occur; a statement requiring    5,204        

all parties to the order to notify the child support enforcement   5,205        

agency in writing of their current mailing address, current        5,206        

residence address, current residence telephone number, current     5,207        

driver's license number, and any changes to that information; and  5,208        

a notice that the requirement to notify the agency of all changes  5,210        

to that information continues until further notice from the        5,212        

court.  Any court of common pleas that makes or modifies an order  5,213        

for child support under this section shall comply with sections    5,214        

3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 3125. of     5,216        

the Revised Code.  If any person required to pay child support     5,218        

under an order made under this section on or after April 15,       5,219        

                                                          123    


                                                                 
1985, or modified on or after December 1, 1986, is found in        5,220        

contempt of court for failure to make support payments under the   5,221        

order, the court that makes the finding, in addition to any other  5,222        

penalty or remedy imposed, shall assess all court costs arising    5,223        

out of the contempt proceeding against the person and require the  5,224        

person to pay any reasonable attorney's fees of any adverse        5,225        

party, as determined by the court, that arose in relation to the   5,226        

act of contempt.                                                                

      (D)  Notwithstanding section 3109.01 of the Revised Code,    5,228        

if a court issues a child support order under this section, the    5,229        

order shall remain in effect beyond the child's eighteenth         5,230        

birthday as long as the child continuously attends on a full-time  5,231        

basis any recognized and accredited high school or the order       5,233        

provides that the duty of support of the child continues beyond    5,234        

the child's eighteenth birthday.  Except in cases in which the     5,236        

order provides that the duty of support continues for any period   5,237        

after the child reaches age nineteen, the order shall not remain   5,238        

in effect after the child reaches age nineteen.  Any parent        5,239        

ordered to pay support under a child support order issued under    5,240        

this section shall continue to pay support under the order,        5,241        

including during seasonal vacation periods, until the order        5,242        

terminates.                                                        5,243        

      Sec. 3105.63.  (A)(1)  A petition for dissolution of         5,252        

marriage shall be signed by both spouses and shall have attached   5,253        

and incorporated a separation agreement agreed to by both          5,254        

spouses.  The separation agreement shall provide for a division    5,255        

of all property; spousal support; if there are minor children of   5,256        

the marriage, the allocation of parental rights and                5,257        

responsibilities for the care of the minor children, the           5,258        

designation of a residential parent and legal custodian of the     5,259        

minor children, child support, and visitation PARENTING TIME       5,260        

rights; and, if the spouses so desire, an authorization for the    5,262        

court to modify the amount or terms of spousal support provided    5,263        

in the separation agreement.  If there are minor children of the   5,264        

                                                          124    


                                                                 
marriage, the spouses may address the allocation of the parental   5,265        

rights and responsibilities for the care of the minor children by  5,266        

including in the separation agreement a plan under which both      5,267        

parents will have shared rights and responsibilities for the care  5,268        

of the minor children.  The spouses shall file the plan with the   5,269        

petition for dissolution of marriage and shall include in the      5,270        

plan the provisions described in division (G) of section 3109.04   5,271        

of the Revised Code.                                               5,272        

      (2)  The division of property in the separation agreement    5,274        

shall include any participant account, as defined in section       5,275        

145.71 of the Revised Code, of either of the spouses, to the       5,276        

extent of the following:                                           5,277        

      (a)  The moneys that have been deferred by a continuing      5,279        

member or participating employee, as defined in that section, and  5,280        

that have been transmitted to the Ohio public employees deferred   5,281        

compensation board during the marriage and any income that is      5,282        

derived from the investment of those moneys during the marriage;   5,283        

      (b)  The moneys that have been deferred by an officer or     5,285        

employee of a municipal corporation and that have been             5,286        

transmitted to the governing board, administrator, depository, or  5,287        

trustee of the deferred compensation program of the municipal      5,288        

corporation during the marriage and any income that is derived     5,289        

from the investment of those moneys during the marriage;           5,290        

      (c)  The moneys that have been deferred by an officer or     5,292        

employee of a government unit, as defined in section 145.74 of     5,293        

the Revised Code, and that have been transmitted to the governing  5,294        

board, as defined in that section, during the marriage and any     5,295        

income that is derived from the investment of those moneys during  5,296        

the marriage.                                                      5,297        

      (3)  The separation agreement shall not require or permit    5,299        

the division or disbursement of the moneys and income described    5,300        

in division (A)(2) of this section to occur in a manner that is    5,301        

inconsistent with the law, rules, or plan governing the deferred   5,302        

compensation program involved or prior to the time that the        5,303        

                                                          125    


                                                                 
spouse in whose name the participant account is maintained         5,304        

commences receipt of the moneys and income credited to the         5,305        

account in accordance with that law, rules, and plan.              5,306        

      (B)  An amended separation agreement may be filed at any     5,308        

time prior to or during the hearing on the petition for            5,309        

dissolution of marriage.  Upon receipt of a petition for           5,310        

dissolution of marriage, the court may cause an investigation to   5,311        

be made pursuant to the Rules of Civil Procedure.                  5,312        

      (C)  If a petition for dissolution of marriage contains an   5,314        

authorization for the court to modify the amount or terms of       5,315        

spousal support provided in the separation agreement, the          5,316        

modification shall be in accordance with section 3105.18 of the    5,317        

Revised Code.                                                      5,318        

      Sec. 3105.65.  (A)  If, at the time of the hearing, either   5,327        

spouse is not satisfied with the separation agreement or does not  5,328        

wish a dissolution of the marriage and if neither spouse files a   5,329        

motion pursuant to division (C) of this section to convert the     5,330        

action to an action for divorce, the court shall dismiss the       5,331        

petition and refuse to validate the proposed separation            5,332        

agreement.                                                         5,333        

      (B)  If, upon review of the testimony of both spouses and    5,335        

of the report of the investigator pursuant to the Rules of Civil   5,336        

Procedure, the court approves the separation agreement and any     5,337        

amendments to it agreed upon by the parties, it shall grant a      5,338        

decree of dissolution of marriage that incorporates the            5,339        

separation agreement.  If the separation agreement contains a      5,340        

plan for the exercise of shared parenting by the spouses, the      5,341        

court shall review the plan in accordance with the provisions of   5,342        

division (D)(1) of section 3109.04 of the Revised Code that        5,343        

govern the review of a pleading or motion requesting shared        5,344        

parenting jointly submitted by both spouses to a marriage.  A      5,345        

decree of dissolution of marriage has the same effect upon the     5,346        

property rights of the parties, including rights of dower and      5,347        

inheritance, as a decree of divorce.  The court has full power to  5,348        

                                                          126    


                                                                 
enforce its decree and retains jurisdiction to modify all matters  5,349        

pertaining to the allocation of parental rights and                5,350        

responsibilities for the care of the children, to the designation  5,351        

f a residential parent and legal custodian of the children, to     5,352        

child support, TO PARENTING TIME OF PARENTS WITH THE CHILDREN,     5,353        

and to visitation FOR PERSONS WHO ARE NOT THE CHILDREN'S PARENTS.  5,355        

The court, only in accordance with division (E)(2) of section      5,357        

3105.18 of the Revised Code, may modify the amount or terms of     5,358        

spousal support.                                                                

      (C)  At any time before a decree of dissolution of marriage  5,360        

has been granted under division (B) of this section, either        5,361        

spouse may convert the action for dissolution of marriage into a   5,362        

divorce action by filing a motion with the court in which the      5,363        

action for dissolution of marriage is pending for conversion of    5,364        

the action for dissolution of marriage.  The motion shall contain  5,365        

a complaint for divorce that contains grounds for a divorce and    5,366        

that otherwise complies with the Rules of Civil Procedure and      5,367        

this chapter.  The divorce action then shall proceed in            5,368        

accordance with the Rules of Civil Procedure in the same manner    5,369        

as if the motion had been the original complaint in the action,    5,370        

including, but not limited to, the issuance and service of         5,371        

summons pursuant to Civil Rules 4 to 4.6, except that no court     5,372        

fees shall be charged upon conversion of the action for            5,373        

dissolution of marriage into a divorce action under this           5,374        

division.                                                          5,375        

      Sec. 3107.01.  As used in sections 3107.01 to 3107.19 of     5,384        

the Revised Code:                                                               

      (A)  "Agency" means any public or private organization       5,386        

certified, licensed, or otherwise specially empowered by law or    5,387        

rule to place minors for adoption.                                 5,388        

      (B)  "Attorney" means a person who has been admitted to the  5,390        

bar by order of the Ohio supreme court.                            5,391        

      (C)  "Child" means a son or daughter, whether by birth or    5,393        

by adoption.                                                       5,394        

                                                          127    


                                                                 
      (D)  "Court" means the probate courts of this state, and     5,396        

when the context requires, means the court of any other state      5,398        

empowered to grant petitions for adoption.                         5,399        

      (E)  "Identifying information" means any of the following    5,402        

with regard to a person:  first name, last name, maiden name,      5,403        

alias, social security number, address, telephone number, place    5,404        

of employment, number used to identify the person for the purpose  5,405        

of the statewide education management information system                        

established pursuant to section 3301.0714 of the Revised Code,     5,406        

and any other number federal or state law requires or permits to   5,407        

be used to identify the person.                                                 

      (F)  "Minor" means a person under the age of eighteen        5,409        

years.                                                             5,410        

      (G)  "Putative father" means a man, including one under age  5,413        

eighteen, who may be a child's father and to whom all of the       5,414        

following apply:                                                                

      (1)  He is not married to the child's mother at the time of  5,416        

the child's conception or birth;                                   5,417        

      (2)  He has not adopted the child;                           5,419        

      (3)  He has not been determined, prior to the date a         5,421        

petition to adopt the child is filed, to have a parent and child   5,422        

relationship with the child by a court proceeding pursuant to      5,423        

sections 3111.01 to 3111.19 3111.18 of the Revised Code, a court   5,425        

proceeding in another state, an administrative agency proceeding   5,426        

pursuant to sections 3111.20 3111.38 to 3111.29 3111.54 of the     5,428        

Revised Code, or an administrative agency proceeding in another    5,430        

state;                                                                          

      (4)  He has not acknowledged paternity of the child          5,432        

pursuant to section 5101.314 SECTIONS 3111.21 TO 3111.35 of the    5,433        

Revised Code.                                                                   

      Sec. 3107.06.  Unless consent is not required under section  5,442        

3107.07 of the Revised Code, a petition to adopt a minor may be    5,443        

granted only if written consent to the adoption has been executed  5,444        

by all of the following:                                           5,445        

                                                          128    


                                                                 
      (A)  The mother of the minor;                                5,447        

      (B)  The father of the minor, if any of the following        5,449        

apply:                                                                          

      (1)  The minor was conceived or born while the father was    5,451        

married to the mother;                                             5,452        

      (2)  The minor is his child by adoption;                     5,454        

      (3)  Prior to the date the petition was filed, it was        5,456        

determined by a court proceeding pursuant to sections 3111.01 to   5,457        

3111.19 3111.18 of the Revised Code, a court proceeding in         5,460        

another state, an administrative proceeding pursuant to sections                

3111.20 3111.38 to 3111.29 3111.54 of the Revised Code, or an      5,462        

administrative proceeding in another state that he has a parent    5,464        

and child relationship with the minor;                             5,465        

      (4)  He acknowledged paternity of the child and that         5,467        

acknowledgment has become final pursuant to section 2151.232,      5,468        

3111.211 3111.25, or 5101.314 3111.821 of the Revised Code.        5,470        

      (C)  The putative father of the minor;                       5,472        

      (D)  Any person or agency having permanent custody of the    5,474        

minor or authorized by court order to consent;                     5,475        

      (E)  The juvenile court that has jurisdiction to determine   5,477        

custody of the minor, if the legal guardian or custodian of the    5,478        

minor is not authorized by law or court order to consent to the    5,479        

adoption;                                                          5,480        

      (F)  The minor, if more than twelve years of age, unless     5,482        

the court, finding that it is in the best interest of the minor,   5,483        

determines that the minor's consent is not required.               5,484        

      Sec. 3107.064.  (A)  Except as provided in division (B) of   5,494        

this section, a court shall not issue a final decree of adoption                

or finalize an interlocutory order of adoption unless the mother   5,495        

placing the minor for adoption or the agency or attorney           5,496        

arranging the adoption files with the court a certified document   5,497        

provided by the department of human services under section         5,498        

3107.063 of the Revised Code.  The court shall not accept the                   

document unless the date the department places on the document     5,499        

                                                          129    


                                                                 
pursuant to that section is thirty-one or more days after the      5,500        

date of the minor's birth.                                         5,501        

      (B)  The document described in division (A) of this section  5,504        

is not required if any of the following apply:                                  

      (1)  The mother was married at the time the minor was        5,506        

conceived or born;                                                              

      (2)  The parent placing the minor for adoption previously    5,508        

adopted the minor;                                                 5,509        

      (3)  Prior to the date a petition to adopt the minor is      5,511        

filed, a man has been determined to have a parent and child        5,512        

relationship with the minor by a court proceeding pursuant to      5,513        

sections 3111.01 to 3111.19 3111.18 of the Revised Code, a court   5,515        

proceeding in another state, an administrative agency proceeding   5,516        

pursuant to sections 3111.20 3111.38 to 3111.29 3111.54 of the     5,518        

Revised Code, or an administrative agency proceeding in another    5,519        

state;                                                                          

      (4)  The minor's father acknowledged paternity of the minor  5,521        

and that acknowledgment has become final pursuant to section       5,523        

2151.232, 3111.211 3111.25, or 5101.314 3111.821 of the Revised    5,524        

Code;                                                                           

      (5)  A public children services agency has permanent         5,527        

custody of the minor pursuant to Chapter 2151. or division (B) of  5,528        

section 5103.15 of the Revised Code after both parents lost or     5,529        

surrendered parental rights, privileges, and responsibilities      5,530        

over the minor.                                                                 

      Sec. 3109.04.  (A)  In any divorce, legal separation, or     5,539        

annulment proceeding and in any proceeding pertaining to the       5,540        

allocation of parental rights and responsibilities for the care    5,541        

of a child, upon hearing the testimony of either or both parents   5,542        

and considering any mediation report filed pursuant to section     5,543        

3109.052 of the Revised Code and in accordance with sections       5,544        

3109.21 to 3109.36 of the Revised Code, the court shall allocate   5,545        

the parental rights and responsibilities for the care of the       5,546        

minor children of the marriage.  Subject to division (D)(2) of     5,547        

                                                          130    


                                                                 
this section, the court may allocate the parental rights and       5,548        

responsibilities for the care of the children in either of the     5,549        

following ways:                                                    5,550        

      (1)  If neither parent files a pleading or motion in         5,552        

accordance with division (G) of this section, if at least one      5,553        

parent files a pleading or motion under that division but no       5,554        

parent who filed a pleading or motion under that division also     5,555        

files a plan for shared parenting, or if at least one parent       5,556        

files both a pleading or motion and a shared parenting plan under  5,557        

that division but no plan for shared parenting is in the best      5,558        

interest of the children, the court, in a manner consistent with   5,559        

the best interest of the children, shall allocate the parental     5,560        

rights and responsibilities for the care of the children           5,561        

primarily to one of the parents, designate that parent as the      5,562        

residential parent and the legal custodian of the child, and       5,563        

divide between the parents the other rights and responsibilities   5,564        

for the care of the children, including, but not limited to, the   5,565        

responsibility to provide support for the children and the right   5,566        

of the parent who is not the residential parent to have            5,567        

continuing contact with the children.                              5,568        

      (2)  If at least one parent files a pleading or motion in    5,570        

accordance with division (G) of this section and a plan for        5,571        

shared parenting pursuant to that division and if a plan for       5,572        

shared parenting is in the best interest of the children and is    5,573        

approved by the court in accordance with division (D)(1) of this   5,574        

section, the court may allocate the parental rights and            5,575        

responsibilities for the care of the children to both parents and  5,576        

issue a shared parenting order requiring the parents to share all  5,577        

or some of the aspects of the physical and legal care of the       5,578        

children in accordance with the approved plan for shared           5,579        

parenting.  If the court issues a shared parenting order under     5,580        

this division and it is necessary for the purpose of receiving     5,581        

public assistance, the court shall designate which one of the      5,582        

parents' residences is to serve as the child's home.  The child    5,583        

                                                          131    


                                                                 
support obligations of the parents under a shared parenting order  5,584        

issued under this division shall be determined in accordance with  5,585        

section 3113.215 CHAPTERS 3119., 3121., 3123., AND 3125. of the    5,587        

Revised Code.                                                                   

      (B)(1)  When making the allocation of the parental rights    5,589        

and responsibilities for the care of the children under this       5,590        

section in an original proceeding or in any proceeding for         5,591        

modification of a prior order of the court making the allocation,  5,592        

the court shall take into account that which would be in the best  5,593        

interest of the children.  In determining the child's best         5,594        

interest for purposes of making its allocation of the parental     5,595        

rights and responsibilities for the care of the child and for      5,596        

purposes of resolving any issues related to the making of that     5,597        

allocation, the court, in its discretion, may and, upon the        5,598        

request of either party, shall interview in chambers any or all    5,599        

of the involved children regarding their wishes and concerns with  5,600        

respect to the allocation.                                         5,601        

      (2)  If the court interviews any child pursuant to division  5,603        

(B)(1) of this section, all of the following apply:                5,604        

      (a)  The court, in its discretion, may and, upon the motion  5,606        

of either parent, shall appoint a guardian ad litem for the        5,607        

child.                                                             5,608        

      (b)  The court first shall determine the reasoning ability   5,610        

of the child.  If the court determines that the child does not     5,611        

have sufficient reasoning ability to express his THE CHILD'S       5,612        

wishes and concern with respect to the allocation of parental      5,614        

rights and responsibilities for the care of the child, it shall    5,615        

not determine the child's wishes and concerns with respect to the  5,616        

allocation.  If the court determines that the child has            5,617        

sufficient reasoning ability to express his THE CHILD'S wishes or  5,619        

concerns with respect to the allocation, it then shall determine   5,620        

whether, because of special circumstances, it would not be in the  5,621        

best interest of the child to determine the child's wishes and     5,622        

concerns with respect to the allocation.  If the court determines  5,623        

                                                          132    


                                                                 
that, because of special circumstances, it would not be in the     5,624        

best interest of the child to determine the child's wishes and     5,625        

concerns with respect to the allocation, it shall not determine    5,626        

the child's wishes and concerns with respect to the allocation     5,627        

and shall enter its written findings of fact and opinion in the    5,628        

journal.  If the court determines that it would be in the best     5,629        

interests of the child to determine the child's wishes and         5,630        

concerns with respect to the allocation, it shall proceed to make  5,631        

that determination.                                                5,632        

      (c)  The interview shall be conducted in chambers, and no    5,634        

person other than the child, the child's attorney, the judge, any  5,635        

necessary court personnel, and, in the judge's discretion, the     5,636        

attorney of each parent shall be permitted to be present in the    5,637        

chambers during the interview.                                     5,638        

      (3)  No person shall obtain or attempt to obtain from a      5,640        

child a written or recorded statement or affidavit setting forth   5,641        

the child's wishes and concerns regarding the allocation of        5,642        

parental rights and responsibilities concerning the child.  No     5,643        

court, in determining the child's best interest for purposes of    5,644        

making its allocation of the parental rights and responsibilities  5,645        

for the care of the child or for purposes of resolving any issues  5,646        

related to the making of that allocation, shall accept or          5,647        

consider a written or recorded statement or affidavit that         5,648        

purports to set forth the child's wishes and concerns regarding    5,649        

those matters.                                                     5,650        

      (C)  Prior to trial, the court may cause an investigation    5,652        

to be made as to the character, family relations, past conduct,    5,653        

earning ability, and financial worth of each parent and may order  5,654        

the parents and their minor children to submit to medical,         5,655        

psychological, and psychiatric examinations.  The report of the    5,656        

investigation and examinations shall be made available to either   5,657        

parent or his THE PARENT'S counsel of record not less than five    5,658        

days before trial, upon written request.  The report shall be      5,660        

signed by the investigator, and the investigator shall be subject  5,661        

                                                          133    


                                                                 
to cross-examination by either parent concerning the contents of   5,662        

the report.  The court may tax as costs all or any part of the     5,663        

expenses for each investigation.                                   5,664        

      If the court determines that either parent previously has    5,666        

been convicted of or pleaded guilty to any criminal offense        5,667        

involving any act that resulted in a child being a neglected       5,668        

child, that either parent previously has been determined to be     5,669        

the perpetrator of the neglectful act that is the basis of an      5,670        

adjudication that a child is a neglected child, or that there is   5,671        

reason to believe that either parent has acted in a manner         5,672        

resulting in a child being a neglected child, the court shall      5,673        

consider that fact against naming that parent the residential      5,674        

parent and against granting a shared parenting decree.  When the   5,675        

court allocates parental rights and responsibilities for the care  5,676        

of children or determines whether to grant shared parenting in     5,677        

any proceeding, it shall consider whether either parent has been   5,678        

convicted of or pleaded guilty to a violation of section 2919.25   5,679        

of the Revised Code involving a victim who at the time of the      5,680        

commission of the offense was a member of the family or household  5,681        

that is the subject of the proceeding, has been convicted of or    5,682        

pleaded guilty to any other offense involving a victim who at the  5,683        

time of the commission of the offense was a member of the family   5,684        

or household that is the subject of the proceeding and caused      5,685        

physical harm to the victim in the commission of the offense, or   5,686        

has been determined to be the perpetrator of the abusive act that  5,687        

is the basis of an adjudication that a child is an abused child.   5,688        

If the court determines that either parent has been convicted of   5,689        

or pleaded guilty to a violation of section 2919.25 of the         5,690        

Revised Code involving a victim who at the time of the commission  5,691        

of the offense was a member of the family or household that is     5,692        

the subject of the proceeding, has been convicted of or pleaded    5,693        

guilty to any other offense involving a victim who at the time of  5,694        

the commission of the offense was a member of the family or        5,695        

household that is the subject of the proceeding and caused         5,696        

                                                          134    


                                                                 
physical harm to the victim in the commission of the offense, or   5,697        

has been determined to be the perpetrator of the abusive act that  5,698        

is the basis of an adjudication that a child is an abused child,   5,699        

it may designate that parent as the residential parent and may     5,700        

issue a shared parenting decree or order only if it determines     5,701        

that it is in the best interest of the child to name that parent   5,702        

the residential parent or to issue a shared parenting decree or    5,703        

order and it makes specific written findings of fact to support    5,704        

its determination.                                                 5,705        

      (D)(1)(a)  Upon the filing of a pleading or motion by        5,707        

either parent or both parents, in accordance with division (G) of  5,708        

this section, requesting shared parenting and the filing of a      5,709        

shared parenting plan in accordance with that division, the court  5,710        

shall comply with division (D)(1)(a)(i), (ii), or (iii) of this    5,711        

section, whichever is applicable:                                  5,712        

      (i)  If both parents jointly make the request in their       5,714        

pleadings or jointly file the motion and also jointly file the     5,715        

plan, the court shall review the parents' plan to determine if it  5,716        

is in the best interest of the children.  If the court determines  5,717        

that the plan is in the best interest of the children, the court   5,718        

shall approve it.  If the court determines that the plan or any    5,719        

part of the plan is not in the best interest of the children, the  5,720        

court shall require the parents to make appropriate changes to     5,721        

the plan to meet the court's objections to it.  If changes to the  5,722        

plan are made to meet the court's objections, and if the new plan  5,723        

is in the best interest of the children, the court shall approve   5,724        

the plan.  If changes to the plan are not made to meet the         5,725        

court's objections, or if the parents attempt to make changes to   5,726        

the plan to meet the court's objections, but the court determines  5,727        

that the new plan or any part of the new plan still is not in the  5,728        

best interest of the children, the court may reject the portion    5,729        

of the parents' pleadings or deny their motion requesting shared   5,730        

parenting of the children and proceed as if the request in the     5,731        

pleadings or the motion had not been made.  The court shall not    5,732        

                                                          135    


                                                                 
approve a plan under this division unless it determines that the   5,733        

plan is in the best interest of the children.                      5,734        

      (ii)  If each parent makes a request in his THE PARENT'S     5,736        

pleadings or files a motion and each also files his own A          5,738        

separate plan, the court shall review each plan filed to           5,739        

determine if either is in the best interest of the children.  If   5,740        

the court determines that one of the filed plans is in the best    5,741        

interest of the children, the court may approve the plan.  If the  5,742        

court determines that neither filed plan is in the best interest   5,743        

of the children, the court may order each parent to submit         5,744        

appropriate changes to his own THE PARENT'S plan or both of the    5,745        

filed plans to meet the court's objections, or may select one of   5,746        

the filed plans and order each parent to submit appropriate        5,747        

changes to the selected plan to meet the court's objections.  If   5,748        

changes to the plan or plans are submitted to meet the court's     5,749        

objections, and if any of the filed plans with the changes is in   5,750        

the best interest of the children, the court may approve the plan  5,751        

with the changes.  If changes to the plan or plans are not         5,752        

submitted to meet the court's objections, or if the parents        5,753        

submit changes to the plan or plans to meet the court's            5,754        

objections but the court determines that none of the filed plans   5,755        

with the submitted changes is in the best interest of the          5,756        

children, the court may reject the portion of the parents'         5,757        

pleadings or deny their motions requesting shared parenting of     5,758        

the children and proceed as if the requests in the pleadings or    5,759        

the motions had not been made.  If the court approves a plan       5,760        

under this division, either as originally filed or with submitted  5,761        

changes, or if the court rejects the portion of the parents'       5,762        

pleadings or denies their motions requesting shared parenting      5,763        

under this division and proceeds as if the requests in the         5,764        

pleadings or the motions had not been made, the court shall enter  5,765        

in the record of the case findings of fact and conclusions of law  5,766        

as to the reasons for the approval or the rejection or denial.     5,767        

Division (D)(1)(b) of this section applies in relation to the      5,768        

                                                          136    


                                                                 
approval or disapproval of a plan under this division.                          

      (iii)  If each parent makes a request in his THE PARENT'S    5,770        

pleadings or files a motion but only one parent files his own A    5,772        

plan, or if only one parent makes a request in his THE PARENT'S    5,774        

pleadings or files a motion and also files a plan, the court in    5,776        

the best interest of the children may order the other parent to    5,777        

file a plan for shared parenting in accordance with division (G)   5,778        

of this section.  The court shall review each plan filed to        5,779        

determine if any plan is in the best interest of the children.     5,780        

If the court determines that one of the filed plans is in the      5,781        

best interest of the children, the court may approve the plan.     5,782        

If the court determines that no filed plan is in the best          5,783        

interest of the children, the court may order each parent to       5,784        

submit appropriate changes to his own THE PARENT'S plan or both    5,786        

of the filed plans to meet the court's objections or may select    5,787        

one filed plan and order each parent to submit appropriate                      

changes to the selected plan to meet the court's objections.  If   5,788        

changes to the plan or plans are submitted to meet the court's     5,789        

objections, and if any of the filed plans with the changes is in   5,790        

the best interest of the children, the court may approve the plan  5,791        

with the changes.  If changes to the plan or plans are not         5,792        

submitted to meet the court's objections, or if the parents        5,793        

submit changes to the plan or plans to meet the court's            5,794        

objections but the court determines that none of the filed plans   5,795        

with the submitted changes is in the best interest of the          5,796        

children, the court may reject the portion of the parents'         5,797        

pleadings or deny the parents' motion or reject the portion of     5,798        

the parents' pleadings or deny their motions requesting shared     5,799        

parenting of the children and proceed as if the request or         5,800        

requests or the motion or motions had not been made.  If the       5,801        

court approves a plan under this division, either as originally    5,802        

filed or with submitted changes, or if the court rejects the       5,803        

portion of the pleadings or denies the motion or motions           5,804        

requesting shared parenting under this division and proceeds as    5,805        

                                                          137    


                                                                 
if the request or requests or the motion or motions had not been   5,806        

made, the court shall enter in the record of the case findings of  5,807        

fact and conclusions of law as to the reasons for the approval or  5,808        

the rejection or denial.  Division (D)(1)(b) of this section       5,809        

applies in relation to the approval or disapproval of a plan       5,810        

under this division.                                               5,811        

      (b)  The approval of a plan under division (D)(1)(a)(ii) or  5,813        

(iii) of this section is discretionary with the court.  The court  5,814        

shall not approve more than one plan under either division and     5,815        

shall not approve a plan under either division unless it           5,816        

determines that the plan is in the best interest of the children.  5,817        

If the court, under either division, does not determine that any   5,818        

filed plan or any filed plan with submitted changes is in the      5,819        

best interest of the children, the court shall not approve any     5,820        

plan.                                                              5,821        

      (c)  Whenever possible, the court shall require that a       5,823        

shared parenting plan approved under division (D)(1)(a)(i), (ii),  5,824        

or (iii) of this section ensure the opportunity for both parents   5,825        

to have frequent and continuing contact with the child, unless     5,826        

frequent and continuing contact with any parent would not be in    5,827        

the best interest of the child.                                    5,828        

      (d)  If a court approves a shared parenting plan under       5,830        

division (D)(1)(a)(i), (ii), or (iii) of this section, the         5,831        

approved plan shall be incorporated into a final shared parenting  5,832        

decree granting the parents the shared parenting of the children.  5,833        

Any final shared parenting decree shall be issued at the same      5,834        

time as and shall be appended to the final decree of dissolution,  5,835        

divorce, annulment, or legal separation arising out of the action  5,836        

out of which the question of the allocation of parental rights     5,837        

and responsibilities for the care of the children arose.           5,838        

      No provisional shared parenting decree shall be issued in    5,840        

relation to any shared parenting plan approved under division      5,841        

(D)(1)(a)(i), (ii), or (iii) of this section.  A final shared      5,842        

parenting decree issued under this division has immediate effect   5,843        

                                                          138    


                                                                 
as a final decree on the date of its issuance, subject to          5,844        

modification or termination as authorized by this section.         5,845        

      (2)  If the court finds, with respect to any child under     5,847        

eighteen years of age, that it is in the best interest of the      5,848        

child for neither parent to be designated the residential parent   5,849        

and legal custodian of the child, it may commit the child to a     5,850        

relative of the child or certify a copy of its findings, together  5,851        

with as much of the record and the further information, in         5,852        

narrative form or otherwise, that it considers necessary or as     5,853        

the juvenile court requests, to the juvenile court for further     5,854        

proceedings, and, upon the certification, the juvenile court has   5,855        

exclusive jurisdiction.                                            5,856        

      (E)(1)(a)  The court shall not modify a prior decree         5,858        

allocating parental rights and responsibilities for the care of    5,859        

children unless it finds, based on facts that have arisen since    5,860        

the prior decree or that were unknown to the court at the time of  5,861        

the prior decree, that a change has occurred in the circumstances  5,862        

of the child, his THE CHILD'S residential parent, or either of     5,863        

the parents subject to a shared parenting decree, and that the     5,865        

modification is necessary to serve the best interest of the        5,866        

child.  In applying these standards, the court shall retain the    5,867        

residential parent designated by the prior decree or the prior     5,868        

shared parenting decree, unless a modification is in the best      5,869        

interest of the child and one of the following applies:            5,870        

      (i)  The residential parent agrees to a change in the        5,872        

residential parent or both parents under a shared parenting        5,873        

decree agree to a change in the designation of residential         5,874        

parent.                                                                         

      (ii)  The child, with the consent of the residential parent  5,876        

or of both parents under a shared parenting decree, has been       5,877        

integrated into the family of the person seeking to become the     5,878        

residential parent.                                                5,879        

      (iii)  The harm likely to be caused by a change of           5,881        

environment is outweighed by the advantages of the change of       5,882        

                                                          139    


                                                                 
environment to the child.                                          5,883        

      (b)  One or both of the parents under a prior decree         5,885        

allocating parental rights and responsibilities for the care of    5,886        

children that is not a shared parenting decree may file a motion   5,887        

requesting that the prior decree be modified to give both parents  5,888        

shared rights and responsibilities for the care of the children.   5,889        

The motion shall include both a request for modification of the    5,890        

prior decree and a request for a shared parenting order that       5,891        

complies with division (G) of this section.  Upon the filing of    5,892        

the motion, if the court determines that a modification of the     5,893        

prior decree is authorized under division (E)(1)(a) of this        5,894        

section, the court may modify the prior decree to grant a shared   5,895        

parenting order, provided that the court shall not modify the      5,896        

prior decree to grant a shared parenting order unless the court    5,897        

complies with divisions (A) and (D)(1) of this section and, in     5,898        

accordance with those divisions, approves the submitted shared     5,899        

parenting plan and determines that shared parenting would be in    5,900        

the best interest of the children.                                 5,901        

      (2)  In addition to a modification authorized under          5,903        

division (E)(1) of this section:                                   5,904        

      (a)  Both parents under a shared parenting decree jointly    5,906        

may modify the terms of the plan for shared parenting approved by  5,907        

the court and incorporated by it into the shared parenting         5,908        

decree.  Modifications under this division may be made at any      5,910        

time.  The modifications to the plan shall be filed jointly by     5,911        

both parents with the court, and the court shall include them in   5,912        

the plan, unless they are not in the best interest of the          5,913        

children.  If the modifications are not in the best interests of   5,914        

the children, the court, in its discretion, may reject the                      

modifications or make modifications to the proposed modifications  5,915        

or the plan that are in the best interest of the children.         5,916        

Modifications jointly submitted by both parents under a shared     5,917        

parenting decree shall be effective, either as originally filed    5,918        

or as modified by the court, upon their inclusion by the court in  5,920        

                                                          140    


                                                                 
the plan.  Modifications to the plan made by the court shall be    5,921        

effective upon their inclusion by the court in the plan.                        

      (b)  The court may modify the terms of the plan for shared   5,923        

parenting approved by the court and incorporated by it into the    5,924        

shared parenting decree upon its own motion at any time if the     5,925        

court determines that the modifications are in the best interest   5,926        

of the children or upon the request of one or both of the parents  5,928        

under the decree.  Modifications under this division may be made   5,929        

at any time.  The court shall not make any modification to the     5,930        

plan under this division, unless the modification is in the best   5,931        

interest of the children.                                                       

      (c)  The court may terminate a prior final shared parenting  5,933        

decree that includes a shared parenting plan approved under        5,934        

division (D)(1)(a)(i) of this section upon the request of one or   5,935        

both of the parents or whenever it determines that shared          5,936        

parenting is not in the best interest of the children.  The court  5,937        

may terminate a prior final shared parenting decree that includes  5,938        

a shared parenting plan approved under division (D)(1)(a)(ii) or   5,939        

(iii) of this section if it determines, upon its own motion or     5,940        

upon the request of one or both parents, that shared parenting is  5,941        

not in the best interest of the children.  If modification of the  5,942        

terms of the plan for shared parenting approved by the court and   5,943        

incorporated by it into the final shared parenting decree is       5,944        

attempted under division (E)(2)(a) of this section and the court   5,945        

rejects the modifications, it may terminate the final shared       5,946        

parenting decree if it determines that shared parenting is not in  5,947        

the best interest of the children.                                 5,948        

      (d)  Upon the termination of a prior final shared parenting  5,951        

decree under division (E)(2)(c) of this section, the court shall   5,952        

proceed and issue a modified decree for the allocation of          5,953        

parental rights and responsibilities for the care of the children  5,954        

under the standards applicable under divisions (A), (B), and (C)   5,955        

of this section as if no decree for shared parenting had been      5,956        

granted and as if no request for shared parenting ever had been    5,957        

                                                          141    


                                                                 
made.                                                                           

      (F)(1)  In determining the best interest of a child          5,959        

pursuant to this section, whether on an original decree            5,960        

allocating parental rights and responsibilities for the care of    5,961        

children or a modification of a decree allocating those rights     5,962        

and responsibilities, the court shall consider all relevant        5,963        

factors, including, but not limited to:                            5,964        

      (a)  The wishes of the child's parents regarding his THE     5,966        

CHILD'S care;                                                      5,967        

      (b)  If the court has interviewed the child in chambers      5,969        

pursuant to division (B) of this section regarding the child's     5,970        

wishes and concerns as to the allocation of parental rights and    5,971        

responsibilities concerning the child, the wishes and concerns of  5,972        

the child, as expressed to the court;                              5,973        

      (c)  The child's interaction and interrelationship with his  5,975        

THE CHILD'S parents, siblings, and any other person who may        5,976        

significantly affect the child's best interest;                    5,977        

      (d)  The child's adjustment to his THE CHILD'S home,         5,979        

school, and community;                                             5,980        

      (e)  The mental and physical health of all persons involved  5,982        

in the situation;                                                  5,983        

      (f)  The parent more likely to honor and facilitate          5,985        

COURT-APPROVED PARENTING TIME RIGHTS OR visitation and             5,987        

companionship rights approved by the court;                                     

      (g)  Whether either parent has failed to make all child      5,989        

support payments, including all arrearages, that are required of   5,990        

that parent pursuant to a child support order under which that     5,991        

parent is an obligor;                                              5,992        

      (h)  Whether either parent previously has been convicted of  5,994        

or pleaded guilty to any criminal offense involving any act that   5,995        

resulted in a child being an abused child or a neglected child;    5,996        

whether either parent, in a case in which a child has been         5,997        

adjudicated an abused child or a neglected child, previously has   5,998        

been determined to be the perpetrator of the abusive or            5,999        

                                                          142    


                                                                 
neglectful act that is the basis of an adjudication; whether       6,000        

either parent previously has been convicted of or pleaded guilty   6,001        

to a violation of section 2919.25 of the Revised Code involving a  6,002        

victim who at the time of the commission of the offense was a      6,003        

member of the family or household that is the subject of the       6,004        

current proceeding; whether either parent previously has been      6,005        

convicted of or pleaded guilty to any offense involving a victim   6,006        

who at the time of the commission of the offense was a member of   6,007        

the family or household that is the subject of the current         6,008        

proceeding and caused physical harm to the victim in the           6,009        

commission of the offense; and whether there is reason to believe  6,010        

that either parent has acted in a manner resulting in a child      6,011        

being an abused child or a neglected child;                        6,012        

      (i)  Whether the residential parent or one of the parents    6,014        

subject to a shared parenting decree has continuously and          6,015        

willfully denied the other parent his or her PARENT'S right to     6,016        

visitation PARENTING TIME in accordance with an order of the       6,018        

court;                                                                          

      (j)  Whether either parent has established a residence, or   6,020        

is planning to establish a residence, outside this state.          6,021        

      (2)  In determining whether shared parenting is in the best  6,023        

interest of the children, the court shall consider all relevant    6,024        

factors, including, but not limited to, the factors enumerated in  6,025        

division (F)(1) of this section, the factors enumerated in         6,026        

division (B)(3) of section 3113.215 3119.23 of the Revised Code,   6,029        

and all of the following factors:                                  6,030        

      (a)  The ability of the parents to cooperate and make        6,032        

decisions jointly, with respect to the children;                   6,033        

      (b)  The ability of each parent to encourage the sharing of  6,035        

love, affection, and contact between the child and the other       6,036        

parent;                                                            6,037        

      (c)  Any history of, or potential for, child abuse, spouse   6,039        

abuse, other domestic violence, or parental kidnapping by either   6,040        

parent;                                                            6,041        

                                                          143    


                                                                 
      (d)  The geographic proximity of the parents to each other,  6,043        

as the proximity relates to the practical considerations of        6,044        

shared parenting;                                                  6,045        

      (e)  The recommendation of the guardian ad litem of the      6,047        

child, if the child has a guardian ad litem.                       6,048        

      (3)  When allocating parental rights and responsibilities    6,050        

for the care of children, the court shall not give preference to   6,051        

a parent because of that parent's financial status or condition.   6,052        

      (G)  Either parent or both parents of any children may file  6,054        

a pleading or motion with the court requesting the court to grant  6,055        

both parents shared parental rights and responsibilities for the   6,056        

care of the children in a proceeding held pursuant to division     6,057        

(A) of this section.  If a pleading or motion requesting shared    6,058        

parenting is filed, the parent or parents filing the pleading or   6,059        

motion also shall file with the court a plan for the exercise of   6,060        

shared parenting by both parents.  If each parent files a          6,061        

pleading or motion requesting shared parenting but only one        6,062        

parent files his own A plan or if only one parent files a          6,063        

pleading or motion requesting shared parenting and also files a    6,065        

plan, the other parent as ordered by the court shall file with     6,066        

the court a plan for the exercise of shared parenting by both      6,067        

parents.  The plan for shared parenting shall be filed with the    6,068        

petition for dissolution of marriage, if the question of parental  6,069        

rights and responsibilities for the care of the children arises    6,070        

out of an action for dissolution of marriage, or, in other cases,  6,071        

at a time at least thirty days prior to the hearing on the issue   6,072        

of the parental rights and responsibilities for the care of the    6,073        

children.  A plan for shared parenting shall include provisions    6,074        

covering all factors that are relevant to the care of the          6,075        

children, including, but not limited to, provisions covering       6,076        

factors such as physical living arrangements, child support        6,077        

obligations, provision for the children's medical and dental       6,078        

care, school placement, and the parent with which the children     6,079        

will be physically located during legal holidays, school           6,080        

                                                          144    


                                                                 
holidays, and other days of special importance.                    6,081        

      (H)  If an appeal is taken from a decision of a court that   6,083        

grants or modifies a decree allocating parental rights and         6,084        

responsibilities for the care of children, the court of appeals    6,085        

shall give the case calendar priority and handle it                6,086        

expeditiously.                                                     6,087        

      (I)  As used in this section, "abused child" has the same    6,089        

meaning as in section 2151.031 of the Revised Code, and            6,090        

"neglected child" has the same meaning as in section 2151.03 of    6,091        

the Revised Code.                                                  6,092        

      (J)  As used in the Revised Code, "shared parenting" means   6,094        

that the parents share, in the manner set forth in the plan for    6,095        

shared parenting that is approved by the court under division      6,096        

(D)(1) and described in division (K)(6) of this section, all or    6,097        

some of the aspects of physical and legal care of their children.  6,099        

      (K)  For purposes of the Revised Code:                       6,101        

      (1)  A parent who is granted the care, custody, and control  6,103        

of a child under an order that was issued pursuant to this         6,104        

section prior to April 11, 1991, and that does not provide for     6,105        

shared parenting has "custody of the child" and "care, custody,    6,106        

and control of the child" under the order, and is the              6,107        

"residential parent," the "residential parent and legal            6,108        

custodian," or the "custodial parent" of the child under the       6,109        

order.                                                             6,110        

      (2)  A parent who primarily is allocated the parental        6,112        

rights and responsibilities for the care of a child and who is     6,113        

designated as the residential parent and legal custodian of the    6,114        

child under an order that is issued pursuant to this section on    6,115        

or after April 11, 1991, and that does not provide for shared      6,116        

parenting has "custody of the child" and "care, custody, and       6,117        

control of the child" under the order, and is the "residential     6,118        

parent," the "residential parent and legal custodian," or the      6,119        

"custodial parent" of the child under the order.                   6,120        

      (3)  A parent who is not granted custody of a child under    6,122        

                                                          145    


                                                                 
an order that was issued pursuant to this section prior to April   6,123        

11, 1991, and that does not provide for shared parenting is the    6,124        

"parent who is not the residential parent," the "parent who is     6,125        

not the residential parent and legal custodian," or the            6,126        

"noncustodial parent" of the child under the order.                6,127        

      (4)  A parent who is not primarily allocated the parental    6,129        

rights and responsibilities for the care of a child and who is     6,130        

not designated as the residential parent and legal custodian of    6,131        

the child under an order that is issued pursuant to this section   6,132        

on or after April 11, 1991, and that does not provide for shared   6,133        

parenting is the "parent who is not the residential parent," the   6,134        

"parent who is not the residential parent and legal custodian,"    6,135        

or the "noncustodial parent" of the child under the order.         6,136        

      (5)  Unless the context clearly requires otherwise, if an    6,138        

order is issued by a court pursuant to this section and the order  6,139        

provides for shared parenting of a child, both parents have        6,140        

"custody of the child" or "care, custody, and control of the       6,141        

child" under the order, to the extent and in the manner specified  6,142        

in the order.                                                      6,143        

      (6)  Unless the context clearly requires otherwise and       6,145        

except as otherwise provided in the order, if an order is issued   6,146        

by a court pursuant to this section and the order provides for     6,147        

shared parenting of a child, each parent, regardless of where the  6,148        

child is physically located or with whom the child is residing at  6,149        

a particular point in time, as specified in the order, is the      6,151        

"residential parent," the "residential parent and legal                         

custodian," or the "custodial parent" of the child.                6,152        

      (7)  Unless the context clearly requires otherwise and       6,154        

except as otherwise provided in the order, a designation in the    6,155        

order of a parent as the residential parent for the purpose of     6,156        

determining the school the child attends, as the custodial parent  6,157        

for purposes of claiming the child as a dependent pursuant to      6,158        

section 152(e) of the "Internal Revenue Code of 1986," 100 Stat.   6,159        

2085, 26 U.S.C.A. 1, as amended, or as the residential parent for               

                                                          146    


                                                                 
purposes of receiving public assistance pursuant to division       6,160        

(A)(2) of this section, does not affect the designation pursuant   6,161        

to division (K)(6) of this section of each parent as the           6,162        

"residential parent," the "residential parent and legal            6,163        

custodian," or the "custodial parent" of the child.                             

      Sec. 3109.05.  (A)(1)  In a divorce, dissolution of          6,172        

marriage, legal separation, or child support proceeding, the       6,173        

court may order either or both parents to support or help support  6,174        

their children, without regard to marital misconduct.  In          6,175        

determining the amount reasonable or necessary for child support,  6,176        

including the medical needs of the child, the court shall comply   6,177        

with sections 3113.21 to 3113.219 CHAPTER 3119. of the Revised     6,179        

Code.                                                                           

      (2)  The court, in accordance with sections 3113.21 and      6,182        

3113.217 CHAPTER 3119. of the Revised Code, shall include in each  6,184        

support order made under this section the requirement that one or  6,186        

both of the parents provide for the health care needs of the       6,187        

child to the satisfaction of the court, and the court shall        6,188        

include in the support order a requirement that all support        6,189        

payments be made through the division OFFICE of child support in   6,190        

the department of human services.                                  6,191        

      (3)  Each order for child support made or modified under     6,193        

this section shall include as part of the order a general          6,195        

provision, as described in division (A)(1) of section 3113.21 of   6,196        

the Revised Code, requiring the withholding or deduction of        6,198        

income or assets of the obligor under the order as described in    6,200        

division (D) or (H) of section 3113.21 of the Revised Code, or     6,202        

another type of appropriate requirement as described in division   6,203        

(D)(3), (D)(4), or (H) of that section, to ensure that             6,205        

withholding or deduction from the income or assets of the obligor  6,207        

is available from the commencement of the support order for        6,208        

collection of the support and of any arrearages that occur; a      6,209        

statement requiring both parents to notify the child support       6,210        

enforcement agency in writing of their current mailing address;    6,211        

                                                          147    


                                                                 
current residence address, current residence telephone number,     6,212        

current driver's license number, and any changes to that           6,213        

information, and a notice that the requirement to notify the       6,214        

agency of all changes to that information continues until further  6,216        

notice from the court.  The court shall comply with sections       6,217        

3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 3125. of     6,219        

the Revised Code when it makes or modifies an order for child      6,221        

support under this section.                                                     

      (B)  The juvenile court has exclusive jurisdiction to enter  6,223        

the orders in any case certified to it from another court.         6,224        

      (C)  If any person required to pay child support under an    6,226        

order made under division (A) of this section on or after April    6,227        

15, 1985, or modified on or after December 1, 1986, is found in    6,228        

contempt of court for failure to make support payments under the   6,229        

order, the court that makes the finding, in addition to any other  6,230        

penalty or remedy imposed, shall assess all court costs arising    6,231        

out of the contempt proceeding against the person and require the  6,232        

person to pay any reasonable attorney's fees of any adverse        6,233        

party, as determined by the court, that arose in relation to the   6,234        

act of contempt and, on or after July 1, 1992, shall assess        6,235        

interest on any unpaid amount of child support pursuant to         6,236        

section 3113.219 3123.17 of the Revised Code.                      6,237        

      (D)  The court shall not authorize or permit the escrowing,  6,239        

impoundment, or withholding of any child support payment ordered   6,240        

under this section or any other section of the Revised Code        6,241        

because of a denial of or interference with a right of PARENTING   6,242        

TIME GRANTED TO A PARENT IN AN ORDER ISSUED UNDER THIS SECTION OR  6,243        

SECTION 3109.051 OR 3109.12 OF THE REVISED CODE OR companionship   6,245        

or visitation granted in an order issued under this section,       6,246        

section 3109.051, 3109.11, 3109.12, or any other section of the    6,247        

Revised Code, or as a method of enforcing the specific provisions  6,248        

of any such order dealing with PARENTING TIME OR visitation.                    

      (E)  Notwithstanding section 3109.01 of the Revised Code,    6,250        

if a court issues a child support order under this section, the    6,251        

                                                          148    


                                                                 
order shall remain in effect beyond the child's eighteenth         6,252        

birthday as long as the child continuously attends on a full-time  6,253        

basis any recognized and accredited high school or the order       6,255        

provides that the duty of support of the child continues beyond    6,256        

the child's eighteenth birthday.  Except in cases in which the     6,258        

order provides that the duty of support continues for any period   6,259        

after the child reaches age nineteen, the order shall not remain   6,260        

in effect after the child reaches age nineteen.  Any parent        6,262        

ordered to pay support under a child support order issued under                 

this section shall continue to pay support under the order,        6,263        

including during seasonal vacation periods, until the order        6,264        

terminates.                                                        6,265        

      Sec. 3109.051.  (A)  If a divorce, dissolution, legal        6,274        

separation, or annulment proceeding involves a child and if the    6,275        

court has not issued a shared parenting decree, the court shall    6,276        

consider any mediation report filed pursuant to section 3109.052   6,277        

of the Revised Code and, in accordance with division (C) of this   6,278        

section, shall make a just and reasonable order or decree          6,279        

permitting each parent who is not the residential parent to visit  6,280        

HAVE PARENTING TIME WITH the child at the time and under the       6,282        

conditions that the court directs, unless the court determines     6,283        

that it would not be in the best interest of the child to permit   6,284        

that parent to visit HAVE PARENTING TIME WITH the child and        6,286        

includes in the journal its findings of fact and conclusions of    6,287        

law.  Whenever possible, the order or decree permitting the        6,288        

visitation PARENTING TIME shall ensure the opportunity for both    6,289        

parents to have frequent and continuing contact with the child,    6,290        

unless frequent and continuing contact by either parent with the   6,291        

child would not be in the best interest of the child.  The court   6,292        

shall include in its final decree a specific schedule of           6,293        

visitation PARENTING TIME for that parent.  Except as provided in  6,295        

division (E)(6) of section 3113.31 of the Revised Code, if the     6,296        

court, pursuant to this section, grants any person PARENTING TIME  6,298        

TO A PARENT OR companionship or visitation rights TO ANY OTHER     6,299        

                                                          149    


                                                                 
PERSON with respect to any child, it shall not require the public  6,300        

children services agency to provide supervision of or other        6,301        

services related to that PARENT'S EXERCISE OF PARENTING TIME OR                 

THAT person's exercise of companionship or visitation rights with  6,303        

respect to the child.  This section does not limit the power of a  6,304        

juvenile court pursuant to Chapter 2151. of the Revised Code to    6,305        

issue orders with respect to children who are alleged to be        6,306        

abused, neglected, or dependent children or to make dispositions   6,307        

of children who are adjudicated abused, neglected, or dependent                 

children or of a common pleas court to issue orders pursuant to    6,308        

section 3113.31 of the Revised Code.                               6,309        

      (B)(1)  In a divorce, dissolution of marriage, legal         6,311        

separation, annulment, or child support proceeding that involves   6,312        

a child, the court may grant reasonable companionship or           6,313        

visitation rights to any grandparent, any person related to the    6,314        

child by consanguinity or affinity, or any other person other      6,315        

than a parent, if all of the following apply:                      6,316        

      (a)  The grandparent, relative, or other person files a      6,318        

motion with the court seeking companionship or visitation rights.  6,319        

      (b)  The court determines that the grandparent, relative,    6,321        

or other person has an interest in the welfare of the child.       6,322        

      (c)  The court determines that the granting of the           6,324        

companionship or visitation rights is in the best interest of the  6,325        

child.                                                             6,326        

      (2)  A motion may be filed under division (B)(1) of this     6,328        

section during the pendency of the divorce, dissolution of         6,329        

marriage, legal separation, annulment, or child support            6,330        

proceeding or, if a motion was not filed at that time or was       6,331        

filed at that time and the circumstances in the case have          6,332        

changed, at any time after a decree or final order is issued in    6,333        

the case.                                                          6,334        

      (C)  When determining whether TO GRANT PARENTING TIME        6,336        

RIGHTS TO A PARENT PURSUANT TO THIS SECTION OR SECTION 3109.12 OF  6,337        

THE REVISED CODE OR to grant companionship or visitation rights    6,339        

                                                          150    


                                                                 
to a parent, grandparent, relative, or other person pursuant to    6,340        

this section or section 3109.11 or 3109.12 of the Revised Code,    6,341        

when establishing a specific PARENTING TIME OR visitation          6,342        

schedule, and when determining other PARENTING TIME MATTERS UNDER  6,343        

THIS SECTION OR SECTION 3109.12 OF THE REVISED CODE OR visitation  6,344        

matters under this section or section 3109.11 or 3109.12 of the    6,345        

Revised Code, the court shall consider any mediation report that   6,346        

is filed pursuant to section 3109.052 of the Revised Code and      6,347        

shall consider all other relevant factors, including, but not      6,348        

limited to, all of the factors listed in division (D) of this      6,349        

section.  In considering the factors listed in division (D) of     6,350        

this section for purposes of determining whether to grant          6,351        

PARENTING TIME OR visitation rights, establishing a specific       6,353        

PARENTING TIME OR visitation schedule, determining other           6,354        

PARENTING TIME MATTERS UNDER THIS SECTION OR SECTION 3109.12 OF    6,355        

THE REVISED CODE OR visitation matters under this section or       6,356        

under section 3109.11 or 3109.12 of the Revised Code, and          6,357        

resolving any issues related to the making of any determination    6,358        

with respect to PARENTING TIME OR visitation rights or the         6,360        

establishment of any specific PARENTING TIME OR visitation                      

schedule, the court, in its discretion, may interview in chambers  6,362        

any or all involved children regarding their wishes and concerns.  6,363        

If the court interviews any child concerning the child's wishes    6,364        

and concerns regarding those PARENTING TIME OR visitation          6,365        

matters, the interview shall be conducted in chambers, and no      6,367        

person other than the child, the child's attorney, the judge, any  6,368        

necessary court personnel, and, in the judge's discretion, the     6,369        

attorney of each parent shall be permitted to be present in the    6,370        

chambers during the interview.  No person shall obtain or attempt  6,371        

to obtain from a child a written or recorded statement or          6,372        

affidavit setting forth the wishes and concerns of the child       6,373        

regarding those PARENTING TIME OR visitation matters.  A court,    6,375        

in considering the factors listed in division (D) of this section  6,376        

for purposes of determining whether to grant any PARENTING TIME    6,377        

                                                          151    


                                                                 
OR visitation rights, establishing a PARENTING TIME OR visitation  6,378        

schedule, determining other PARENTING TIME MATTERS UNDER THIS      6,379        

SECTION OR SECTION 3109.12 OF THE REVISED CODE OR visitation       6,380        

matters under this section or under section 3109.11 or 3109.12 of  6,381        

the Revised Code, or resolving any issues related to the making    6,382        

of any determination with respect to PARENTING TIME OR visitation  6,384        

rights or the establishment of any specific PARENTING TIME OR      6,385        

visitation schedule, shall not accept or consider a written or     6,386        

recorded statement or affidavit that purports to set forth the     6,387        

child's wishes or concerns regarding those PARENTING TIME OR       6,388        

visitation matters.                                                6,389        

      (D)  In determining whether to grant PARENTING TIME TO A     6,391        

PARENT PURSUANT TO THIS SECTION OR SECTION 3109.12 OF THE REVISED  6,392        

CODE OR companionship or visitation rights to a parent,            6,393        

grandparent, relative, or other person pursuant to this section    6,394        

or section 3109.11 or 3109.12 of the Revised Code, in              6,395        

establishing a specific PARENTING TIME OR visitation schedule,     6,396        

and in determining other PARENTING TIME MATTERS UNDER THIS         6,397        

SECTION OR SECTION 3109.12 OF THE REVISED CODE OR visitation       6,398        

matters under this section or section 3109.11 or 3109.12 of the    6,399        

Revised Code, the court shall consider all of the following        6,400        

factors:                                                                        

      (1)  The prior interaction and interrelationships of the     6,402        

child with the child's parents, siblings, and other persons        6,403        

related by consanguinity or affinity, and with the person who      6,404        

requested companionship or visitation if that person is not a      6,405        

parent, sibling, or relative of the child;                         6,406        

      (2)  The geographical location of the residence of each      6,408        

parent and the distance between those residences, and if the       6,409        

person who requested companionship or visitation is not a parent,  6,410        

the geographical location of that person's residence and the       6,411        

distance between that person's residence and the child's           6,412        

residence;                                                         6,413        

      (3)  The child's and parents' available time, including,     6,415        

                                                          152    


                                                                 
but not limited to, each parent's employment schedule, the         6,416        

child's school schedule, and the child's and the parents' holiday  6,417        

and vacation schedule;                                             6,418        

      (4)  The age of the child;                                   6,420        

      (5)  The child's adjustment to home, school, and community;  6,423        

      (6)  If the court has interviewed the child in chambers,     6,425        

pursuant to division (C) of this section, regarding the wishes     6,426        

and concerns of the child as to visitation PARENTING TIME by the   6,427        

parent who is not the residential parent or companionship or       6,429        

visitation by the grandparent, relative, or other person who       6,430        

requested the companionship or visitation, as to a specific        6,431        

PARENTING TIME OR visitation schedule, or as to other PARENTING    6,433        

TIME OR visitation matters, the wishes and concerns of the child,  6,435        

as expressed to the court;                                                      

      (7)  The health and safety of the child;                     6,437        

      (8)  The amount of time that will be available for the       6,439        

child to spend with siblings;                                      6,440        

      (9)  The mental and physical health of all parties;          6,442        

      (10)  Each parent's willingness to reschedule missed         6,444        

visitation PARENTING TIME and to facilitate the other parent's     6,445        

visitation PARENTING TIME rights, and if the WITH RESPECT TO A     6,447        

person who requested companionship or visitation is not a parent,  6,449        

the willingness of that person to reschedule missed visitation;    6,450        

      (11)  In relation to visitation by a parent PARENTING TIME,  6,452        

whether either parent previously has been convicted of or pleaded  6,454        

guilty to any criminal offense involving any act that resulted in  6,455        

a child being an abused child or a neglected child; whether        6,456        

either parent, in a case in which a child has been adjudicated an  6,457        

abused child or a neglected child, previously has been determined  6,458        

to be the perpetrator of the abusive or neglectful act that is     6,459        

the basis of the adjudication; and whether there is reason to      6,460        

believe that either parent has acted in a manner resulting in a    6,461        

child being an abused child or a neglected child;                  6,462        

      (12)  In relation to requested companionship or visitation   6,464        

                                                          153    


                                                                 
by a person other than a parent, whether the person previously     6,465        

has been convicted of or pleaded guilty to any criminal offense    6,466        

involving any act that resulted in a child being an abused child   6,467        

or a neglected child; whether the person, in a case in which a     6,468        

child has been adjudicated an abused child or a neglected child,   6,469        

previously has been determined to be the perpetrator of the        6,470        

abusive or neglectful act that is the basis of the adjudication;   6,471        

whether either parent previously has been convicted of or pleaded  6,472        

guilty to a violation of section 2919.25 of the Revised Code       6,473        

involving a victim who at the time of the commission of the        6,474        

offense was a member of the family or household that is the        6,475        

subject of the current proceeding; whether either parent           6,476        

previously has been convicted of an offense involving a victim     6,477        

who at the time of the commission of the offense was a member of   6,478        

the family or household that is the subject of the current         6,479        

proceeding and caused physical harm to the victim in the           6,480        

commission of the offense; and whether there is reason to believe  6,481        

that the person has acted in a manner resulting in a child being   6,482        

an abused child or a neglected child;                              6,483        

      (13)  Whether the residential parent or one of the parents   6,485        

subject to a shared parenting decree has continuously and          6,486        

willfully denied the other parent's right to visitation PARENTING  6,488        

TIME in accordance with an order of the court;                     6,489        

      (14)  Whether either parent has established a residence or   6,491        

is planning to establish a residence outside this state;           6,492        

      (15)  Any other factor in the best interest of the child.    6,494        

      (E)  The remarriage of a residential parent of a child does  6,496        

not affect the authority of a court under this section to grant    6,497        

visitation PARENTING TIME rights with respect to the child to the  6,499        

parent who is not the residential parent or to grant reasonable    6,500        

companionship or visitation rights with respect to the child to    6,501        

any grandparent, any person related by consanguinity or affinity,  6,502        

or any other person.                                               6,503        

      (F)(1)  If the court, pursuant to division (A) of this       6,505        

                                                          154    


                                                                 
section, denies visitation PARENTING TIME to a parent who is not   6,506        

the residential parent or denies a motion for reasonable           6,508        

companionship or visitation rights filed under division (B) of     6,509        

this section and the parent or movant files a written request for  6,510        

findings of fact and conclusions of law, the court shall state in  6,511        

writing its findings of fact and conclusions of law in accordance  6,512        

with Civil Rule 52.                                                6,513        

      (2)  On or before July 1, 1991, each court of common pleas,  6,515        

by rule, shall adopt standard visitation PARENTING TIME            6,516        

guidelines.  A court shall have discretion to deviate from its     6,518        

standard visitation PARENTING TIME guidelines based upon factors   6,519        

set forth in division (D) of this section.                         6,521        

      (G)(1)  If the residential parent intends to move to a       6,523        

residence other than the residence specified in the visitation     6,524        

PARENTING TIME order or decree of the court, the parent shall      6,526        

file a notice of intent to relocate with the court that issued     6,527        

the order or decree.  Except as provided in divisions (G)(2),      6,528        

(3), and (4) of this section, the court shall send a copy of the   6,529        

notice to the parent who is not the residential parent.  Upon      6,530        

receipt of the notice, the court, on its own motion or the motion  6,531        

of the parent who is not the residential parent, may schedule a    6,532        

hearing with notice to both parents to determine whether it is in  6,533        

the best interest of the child to revise the visitation PARENTING  6,534        

TIME schedule for the child.                                       6,536        

      (2)  When a court grants visitation or companionship         6,538        

PARENTING TIME rights to a parent who is not the residential       6,540        

parent, the court shall determine whether that parent has been     6,541        

convicted of or pleaded guilty to a violation of section 2919.25   6,542        

of the Revised Code involving a victim who at the time of the      6,543        

commission of the offense was a member of the family or household  6,544        

that is the subject of the proceeding, has been convicted of or    6,545        

pleaded guilty to any other offense involving a victim who at the  6,546        

time of the commission of the offense was a member of the family   6,547        

or household that is the subject of the proceeding and caused      6,548        

                                                          155    


                                                                 
physical harm to the victim in the commission of the offense, or   6,549        

has been determined to be the perpetrator of the abusive act that  6,550        

is the basis of an adjudication that a child is an abused child.   6,551        

If the court determines that that parent has not been so           6,552        

convicted and has not been determined to be the perpetrator of an  6,553        

abusive act that is the basis of a child abuse adjudication, the   6,554        

court shall issue an order stating that a copy of any notice of    6,555        

relocation that is filed with the court pursuant to division       6,556        

(G)(1) of this section will be sent to the parent who is given     6,557        

the visitation or companionship PARENTING TIME rights in           6,558        

accordance with division (G)(1) of this section.                   6,560        

      If the court determines that the parent who is granted the   6,562        

visitation or companionship PARENTING TIME rights has been         6,563        

convicted of or pleaded guilty to a violation of section 2919.25   6,565        

of the Revised Code involving a victim who at the time of the      6,566        

commission of the offense was a member of the family or household  6,567        

that is the subject of the proceeding, has been convicted of or    6,568        

pleaded guilty to any other offense involving a victim who at the  6,569        

time of the commission of the offense was a member of the family   6,570        

or household that is the subject of the proceeding and caused      6,571        

physical harm to the victim in the commission of the offense, or   6,572        

has been determined to be the perpetrator of the abusive act that  6,573        

is the basis of an adjudication that a child is an abused child,   6,574        

it shall issue an order stating that that parent will not be       6,575        

given a copy of any notice of relocation that is filed with the    6,576        

court pursuant to division (G)(1) of this section unless the       6,577        

court determines that it is in the best interest of the children   6,578        

to give that parent a copy of the notice of relocation, issues an  6,579        

order stating that that parent will be given a copy of any notice  6,580        

of relocation filed pursuant to division (G)(1) of this section,   6,581        

and issues specific written findings of fact in support of its     6,582        

determination.                                                     6,583        

      (3)  If a court, prior to April 11, 1991, issued an order    6,585        

granting visitation or companionship PARENTING TIME rights to a    6,586        

                                                          156    


                                                                 
parent who is not the residential parent and did not require the   6,588        

residential parent in that order to give the parent who is         6,589        

granted the visitation or companionship PARENTING TIME rights      6,590        

notice of any change of address and if the residential parent      6,592        

files a notice of relocation pursuant to division (G)(1) of this   6,593        

section, the court shall determine if the parent who is granted    6,594        

the visitation or companionship PARENTING TIME rights has been     6,595        

convicted of or pleaded guilty to a violation of section 2919.25   6,597        

of the Revised Code involving a victim who at the time of the      6,598        

commission of the offense was a member of the family or household  6,599        

that is the subject of the proceeding, has been convicted of or    6,600        

pleaded guilty to any other offense involving a victim who at the  6,601        

time of the commission of the offense was a member of the family   6,602        

or household that is the subject of the proceeding and caused      6,603        

physical harm to the victim in the commission of the offense, or   6,604        

has been determined to be the perpetrator of the abusive act that  6,605        

is the basis of an adjudication that a child is an abused child.   6,606        

If the court determines that the parent who is granted the         6,607        

visitation or companionship PARENTING TIME rights has not been so  6,608        

convicted and has not been determined to be the perpetrator of an  6,610        

abusive act that is the basis of a child abuse adjudication, the   6,611        

court shall issue an order stating that a copy of any notice of    6,612        

relocation that is filed with the court pursuant to division       6,613        

(G)(1) of this section will be sent to the parent who is granted   6,614        

visitation or companionship PARENTING TIME rights in accordance    6,615        

with division (G)(1) of this section.                              6,617        

      If the court determines that the parent who is granted the   6,619        

visitation or companionship PARENTING TIME rights has been         6,620        

convicted of or pleaded guilty to a violation of section 2919.25   6,622        

of the Revised Code involving a victim who at the time of the      6,623        

commission of the offense was a member of the family or household  6,624        

that is the subject of the proceeding, has been convicted of or    6,625        

pleaded guilty to any other offense involving a victim who at the  6,626        

time of the commission of the offense was a member of the family   6,627        

                                                          157    


                                                                 
or household that is the subject of the proceeding and caused      6,628        

physical harm to the victim in the commission of the offense, or   6,629        

has been determined to be the perpetrator of the abusive act that  6,630        

is the basis of an adjudication that a child is an abused child,   6,631        

it shall issue an order stating that that parent will not be       6,632        

given a copy of any notice of relocation that is filed with the    6,633        

court pursuant to division (G)(1) of this section unless the       6,634        

court determines that it is in the best interest of the children   6,635        

to give that parent a copy of the notice of relocation, issues an  6,636        

order stating that that parent will be given a copy of any notice  6,637        

of relocation filed pursuant to division (G)(1) of this section,   6,638        

and issues specific written findings of fact in support of its     6,639        

determination.                                                     6,640        

      (4)  If a parent who is granted visitation or companionship  6,642        

PARENTING TIME rights pursuant to this section or any other        6,644        

section of the Revised Code is authorized by an order issued       6,645        

pursuant to this section or any other court order to receive a     6,646        

copy of any notice of relocation that is filed pursuant to         6,647        

division (G)(1) of this section or pursuant to court order, if     6,648        

the residential parent intends to move to a residence other than   6,649        

the residence address specified in the visitation or               6,650        

companionship PARENTING TIME order, and if the residential parent  6,652        

does not want the parent who is granted the visitation or          6,653        

companionship PARENTING TIME rights to receive a copy of the       6,654        

relocation notice because the parent with visitation or            6,655        

companionship PARENTING TIME rights has been convicted of or       6,657        

pleaded guilty to a violation of section 2919.25 of the Revised    6,658        

Code involving a victim who at the time of the commission of the   6,659        

offense was a member of the family or household that is the        6,660        

subject of the proceeding, has been convicted of or pleaded        6,661        

guilty to any other offense involving a victim who at the time of  6,662        

the commission of the offense was a member of the family or        6,663        

household that is the subject of the proceeding and caused         6,664        

physical harm to the victim in the commission of the offense, or   6,665        

                                                          158    


                                                                 
has been determined to be the perpetrator of the abusive act that  6,666        

is the basis of an adjudication that a child is an abused child,   6,667        

the residential parent may file a motion with the court            6,668        

requesting that the parent who is granted the visitation or        6,669        

companionship PARENTING TIME rights not receive a copy of any      6,670        

notice of relocation.  Upon the filing of the motion, the court    6,672        

shall schedule a hearing on the motion and give both parents       6,673        

notice of the date, time, and location of the hearing.  If the     6,674        

court determines that the parent who is granted the visitation or  6,675        

companionship PARENTING TIME rights has been so convicted or has   6,676        

been determined to be the perpetrator of an abusive act that is    6,678        

the basis of a child abuse adjudication, the court shall issue an  6,679        

order stating that the parent who is granted the visitation or     6,680        

companionship PARENTING TIME rights will not be given a copy of    6,681        

any notice of relocation that is filed with the court pursuant to  6,683        

division (G)(1) of this section or that the residential parent is  6,684        

no longer required to give that parent a copy of any notice of     6,685        

relocation unless the court determines that it is in the best      6,686        

interest of the children to give that parent a copy of the notice  6,687        

of relocation, issues an order stating that that parent will be    6,688        

given a copy of any notice of relocation filed pursuant to         6,689        

division (G)(1) of this section, and issues specific written       6,690        

findings of fact in support of its determination.  If it does not  6,691        

so find, it shall dismiss the motion.                              6,692        

      (H)(1)  Subject to division (F)(2) of section 2301.35        6,695        

3125.16 and division (F) of section 3319.321 of the Revised Code,  6,696        

a parent of a child who is not the residential parent of the       6,697        

child is entitled to access, under the same terms and conditions   6,698        

under which access is provided to the residential parent, to any   6,699        

record that is related to the child and to which the residential   6,700        

parent of the child legally is provided access, unless the court   6,701        

determines that it would not be in the best interest of the child  6,702        

for the parent who is not the residential parent to have access    6,703        

to the records under those same terms and conditions.  If the      6,704        

                                                          159    


                                                                 
court determines that the parent of a child who is not the         6,705        

residential parent should not have access to records related to    6,706        

the child under the same terms and conditions as provided for the  6,707        

residential parent, the court shall specify the terms and          6,708        

conditions under which the parent who is not the residential       6,709        

parent is to have access to those records, shall enter its         6,710        

written findings of facts and opinion in the journal, and shall    6,711        

issue an order containing the terms and conditions to both the     6,712        

residential parent and the parent of the child who is not the      6,713        

residential parent.  The court shall include in every order        6,714        

issued pursuant to this division notice that any keeper of a       6,715        

record who knowingly fails to comply with the order or division    6,716        

(H) of this section is in contempt of court.                       6,717        

      (2)  Subject to division (F)(2) of section 2301.35 3125.16   6,720        

and division (F) of section 3319.321 of the Revised Code,          6,722        

subsequent to the issuance of an order under division (H)(1) of    6,723        

this section, the keeper of any record that is related to a        6,724        

particular child and to which the residential parent legally is    6,725        

provided access shall permit the parent of the child who is not    6,726        

the residential parent to have access to the record under the      6,727        

same terms and conditions under which access is provided to the    6,728        

residential parent, unless the residential parent has presented    6,729        

the keeper of the record with a copy of an order issued under      6,730        

division (H)(1) of this section that limits the terms and          6,731        

conditions under which the parent who is not the residential       6,732        

parent is to have access to records pertaining to the child and    6,733        

the order pertains to the record in question.  If the residential  6,734        

parent presents the keeper of the record with a copy of that type  6,735        

of order, the keeper of the record shall permit the parent who is  6,736        

not the residential parent to have access to the record only in    6,737        

accordance with the most recent order that has been issued         6,738        

pursuant to division (H)(1) of this section and presented to the   6,739        

keeper by the residential parent or the parent who is not the      6,740        

residential parent.  Any keeper of any record who knowingly fails  6,741        

                                                          160    


                                                                 
to comply with division (H) of this section or with any order      6,742        

issued pursuant to division (H)(1) of this section is in contempt  6,743        

of court.                                                          6,744        

      (3)  The prosecuting attorney of any county may file a       6,746        

complaint with the court of common pleas of that county            6,747        

requesting the court to issue a protective order preventing the    6,748        

disclosure pursuant to division (H)(1) or (2) of this section of   6,749        

any confidential law enforcement investigatory record.  The court  6,750        

shall schedule a hearing on the motion and give notice of the      6,751        

date, time, and location of the hearing to all parties.            6,752        

      (I)  A court that issues a visitation PARENTING TIME order   6,754        

or decree pursuant to this section, OR section 3109.11 or 3109.12  6,756        

of the Revised Code, or any other provision of the Revised Code    6,758        

shall determine whether the parent granted the right of            6,759        

visitation PARENTING TIME is to be permitted access, in            6,761        

accordance with section 5104.011 of the Revised Code, to any       6,762        

child day-care center that is, or that in the future may be,       6,763        

attended by the children with whom the right of visitation         6,764        

PARENTING TIME is granted.  Unless the court determines that the   6,766        

parent who is not the residential parent should not have access    6,767        

to the center to the same extent that the residential parent is    6,768        

granted access to the center, the parent who is not the                         

residential parent and who is granted visitation or companionship  6,769        

PARENTING TIME rights is entitled to access to the center to the   6,771        

same extent that the residential parent is granted access to the   6,772        

center.  If the court determines that the parent who is not the    6,773        

residential parent should not have access to the center to the     6,774        

same extent that the residential parent is granted such access     6,775        

under division (C) of section 5104.011 of the Revised Code, the    6,776        

court shall specify the terms and conditions under which the       6,777        

parent who is not the residential parent is to have access to the  6,778        

center, provided that the access shall not be greater than the     6,779        

access that is provided to the residential parent under division   6,780        

(C) of section 5104.011 of the Revised Code, the court shall       6,781        

                                                          161    


                                                                 
enter its written findings of fact and opinions in the journal,    6,782        

and the court shall include the terms and conditions of access in  6,783        

the visitation PARENTING TIME order or decree.                     6,784        

      (J)(1)  Subject to division (F) of section 3319.321 of the   6,786        

Revised Code, when a court issues an order or decree allocating    6,787        

parental rights and responsibilities for the care of a child, the  6,788        

parent of the child who is not the residential parent of the       6,789        

child is entitled to access, under the same terms and conditions   6,790        

under which access is provided to the residential parent, to any   6,791        

student activity that is related to the child and to which the     6,792        

residential parent of the child legally is provided access,        6,793        

unless the court determines that it would not be in the best       6,794        

interest of the child to grant the parent who is not the           6,795        

residential parent access to the student activities under those    6,796        

same terms and conditions.  If the court determines that the       6,797        

parent of the child who is not the residential parent should not   6,798        

have access to any student activity that is related to the child   6,799        

under the same terms and conditions as provided for the            6,800        

residential parent, the court shall specify the terms and          6,801        

conditions under which the parent who is not the residential       6,802        

parent is to have access to those student activities, shall enter  6,803        

its written findings of facts and opinion in the journal, and      6,804        

shall issue an order containing the terms and conditions to both   6,805        

the residential parent and the parent of the child who is not the  6,806        

residential parent.  The court shall include in every order        6,807        

issued pursuant to this division notice that any school official   6,808        

or employee who knowingly fails to comply with the order or        6,809        

division (J) of this section is in contempt of court.              6,810        

      (2)  Subject to division (F) of section 3319.321 of the      6,812        

Revised Code, subsequent to the issuance of an order under         6,813        

division (J)(1) of this section, all school officials and          6,814        

employees shall permit the parent of the child who is not the      6,815        

residential parent to have access to any student activity under    6,816        

the same terms and conditions under which access is provided to    6,817        

                                                          162    


                                                                 
the residential parent of the child, unless the residential        6,818        

parent has presented the school official or employee, the board    6,819        

of education of the school, or the governing body of the           6,820        

chartered nonpublic school with a copy of an order issued under    6,821        

division (J)(1) of this section that limits the terms and          6,822        

conditions under which the parent who is not the residential       6,823        

parent is to have access to student activities related to the      6,824        

child and the order pertains to the student activity in question.  6,825        

If the residential parent presents the school official or          6,826        

employee, the board of education of the school, or the governing   6,827        

body of the chartered nonpublic school with a copy of that type    6,828        

of order, the school official or employee shall permit the parent  6,829        

who is not the residential parent to have access to the student    6,830        

activity only in accordance with the most recent order that has    6,831        

been issued pursuant to division (J)(1) of this section and        6,832        

presented to the school official or employee, the board of         6,833        

education of the school, or the governing body of the chartered    6,834        

nonpublic school by the residential parent or the parent who is    6,835        

not the residential parent.  Any school official or employee who   6,836        

knowingly fails to comply with division (J) of this section or     6,837        

with any order issued pursuant to division (J)(1) of this section  6,838        

is in contempt of court.                                           6,839        

      (K)  If any person is found in contempt of court for         6,841        

failing to comply with or interfering with any order or decree     6,842        

granting PARENTING TIME RIGHTS ISSUED PURSUANT TO THIS SECTION OR  6,843        

SECTION 3109.12 OF THE REVISED CODE OR companionship or            6,844        

visitation rights that is issued pursuant to this section,         6,845        

section 3109.11 or 3109.12 of the Revised Code, or any other       6,846        

provision of the Revised Code, the court that makes the finding,   6,847        

in addition to any other penalty or remedy imposed, shall assess   6,848        

all court costs arising out of the contempt proceeding against     6,849        

the person and require the person to pay any reasonable            6,850        

attorney's fees of any adverse party, as determined by the court,  6,851        

that arose in relation to the act of contempt, and may award       6,852        

                                                          163    


                                                                 
reasonable compensatory PARENTING TIME OR visitation to the        6,853        

person whose right of PARENTING TIME OR visitation was affected    6,854        

by the failure or interference if such compensatory PARENTING      6,856        

TIME OR visitation is in the best interest of the child.  Any      6,858        

compensatory PARENTING TIME OR visitation awarded under this       6,861        

division shall be included in an order issued by the court and,    6,862        

to the extent possible, shall be governed by the same terms and    6,863        

conditions as was the PARENTING TIME OR visitation that was                     

affected by the failure or interference.                           6,865        

      (L)  Any person PARENT who requests reasonable PARENTING     6,867        

TIME RIGHTS WITH RESPECT TO A CHILD UNDER THIS SECTION OR SECTION  6,868        

3109.12 OF THE REVISED CODE OR ANY PERSON WHO REQUESTS REASONABLE  6,869        

companionship or visitation rights with respect to a child under   6,870        

this section, section 3109.11 or 3109.12 of the Revised Code, or   6,871        

any other provision of the Revised Code may file a motion with     6,872        

the court requesting that it waive all or any part of the costs    6,873        

that may accrue in the proceedings under this section, section     6,874        

3109.11, or section 3109.12 of the Revised Code.  If the court     6,875        

determines that the movant is indigent and that the waiver is in   6,876        

the best interest of the child, the court, in its discretion, may  6,877        

waive payment of all or any part of the costs of those             6,878        

proceedings.                                                                    

      (M)  The juvenile court has exclusive jurisdiction to enter  6,880        

the orders in any case certified to it from another court.         6,881        

      (N)  As used in this section:                                6,883        

      (1)  "Abused child" has the same meaning as in section       6,885        

2151.031 of the Revised Code, and "neglected child" has the same   6,886        

meaning as in section 2151.03 of the Revised Code.                 6,887        

      (2)  "Record" means any record, document, file, or other     6,889        

material that contains information directly related to a child,    6,890        

including, but not limited to, any of the following:               6,891        

      (a)  Records maintained by public and nonpublic schools;     6,893        

      (b)  Records maintained by facilities that provide child     6,895        

day-care, as defined in section 5104.01 of the Revised Code,       6,896        

                                                          164    


                                                                 
publicly funded child day-care, as defined in section 5104.01 of   6,897        

the Revised Code, or pre-school services operated by or under the  6,898        

supervision of a school district board of education or a           6,899        

nonpublic school;                                                  6,900        

      (c)  Records maintained by hospitals, other facilities, or   6,902        

persons providing medical or surgical care or treatment for the    6,903        

child;                                                             6,904        

      (d)  Records maintained by agencies, departments,            6,906        

instrumentalities, or other entities of the state or any           6,907        

political subdivision of the state, other than a child support     6,908        

enforcement agency.  Access to records maintained by a child       6,909        

support enforcement agency is governed by division (F)(2) of       6,911        

section 2301.35 3125.16 of the Revised Code.                       6,912        

      (3)  "Confidential law enforcement investigatory record"     6,914        

has the same meaning as in section 149.43 of the Revised Code.     6,915        

      Sec. 3109.052.  (A)  If a proceeding for divorce,            6,924        

dissolution, legal separation, annulment, or the allocation of     6,925        

parental rights and responsibilities for the care of a child       6,926        

involves one or more children, if the parents of the children do   6,927        

not agree upon an appropriate allocation of parental rights and    6,928        

responsibilities for the care of their children or do not agree    6,929        

upon a specific schedule of visitation PARENTING TIME for their    6,930        

children, the court may order the parents to mediate their         6,932        

differences on those matters in accordance with mediation          6,933        

procedures adopted by the court by local rule.  When the court     6,934        

determines whether mediation is appropriate in any proceeding, it  6,935        

shall consider whether either parent previously has been           6,936        

convicted of or pleaded guilty to a violation of section 2919.25   6,937        

of the Revised Code involving a victim who at the time of the      6,938        

commission of the offense was a member of the family or household  6,939        

that is the subject of the proceeding, whether either parent       6,940        

previously has been convicted of or pleaded guilty to an offense   6,941        

involving a victim who at the time of the commission of the        6,942        

offense was a member of the family or household that is the        6,943        

                                                          165    


                                                                 
subject of the proceeding and caused physical harm to the victim   6,944        

in the commission of the offense, and whether either parent has    6,945        

been determined to be the perpetrator of the abusive act that is   6,946        

the basis of an adjudication that a child is an abused child.  If  6,947        

either parent has been convicted of or pleaded guilty to a         6,948        

violation of section 2919.25 of the Revised Code involving a       6,949        

victim who at the time of the commission of the offense was a      6,950        

member of the family or household that is the subject of the       6,951        

proceeding, has been convicted of or pleaded guilty to any other   6,952        

offense involving a victim who at the time of the commission of    6,953        

the offense was a member of the family or household that is the    6,954        

subject of the proceeding and caused physical harm to the victim   6,955        

in the commission of the offense, or has been determined to be     6,956        

the perpetrator of the abusive act that is the basis of an         6,957        

adjudication that a child is an abused child, the court may order  6,958        

mediation only if the court determines that it is in the best      6,959        

interests of the parties to order mediation and makes specific     6,960        

written findings of fact to support its determination.             6,961        

      If a court issues an order pursuant to this division         6,963        

requiring mediation, it also may order the parents to file a       6,964        

mediation report within a specified period of time and order the   6,965        

parents to pay the cost of mediation, unless either or both of     6,966        

the parents file a motion requesting that the court waive that     6,967        

requirement.  Upon the filing of a motion requesting the waiver    6,968        

of that requirement, the court, for good cause shown, may waive    6,969        

the requirement that either or both parents pay the cost of        6,970        

mediation or may require one of the parents to pay the entire      6,971        

cost of mediation.  Any mediation procedures adopted by local      6,972        

court rule for use under this division shall include, but are not  6,973        

limited to, provisions establishing qualifications for mediators   6,974        

who may be employed or used and provisions establishing standards  6,975        

for the conduct of the mediation.                                  6,976        

      (B)  If a mediation order is issued under division (A) of    6,978        

this section and the order requires the parents to file a          6,979        

                                                          166    


                                                                 
mediation report, the mediator and each parent who takes part in   6,980        

mediation in accordance with the order jointly shall file a        6,981        

report of the results of the mediation process with the court      6,982        

that issued the order under that division.  A mediation report     6,983        

shall indicate only whether agreement has been reached on any of   6,984        

the issues that were the subject of the mediation, and, if         6,985        

agreement has been reached, the content and details of the         6,986        

agreement.  No mediation report shall contain any background       6,987        

information concerning the mediation process or any information    6,988        

discussed or presented in the process.  The court shall consider   6,989        

the mediation report when it allocates parental rights and         6,990        

responsibilities for the care of children under section 3109.04    6,991        

of the Revised Code and when it establishes a specific schedule    6,992        

of visitation PARENTING TIME under section 3109.051 of the         6,993        

Revised Code.  The court is not bound by the mediation report and  6,995        

shall consider the best interest of the children when making that  6,996        

allocation or establishing the visitation PARENTING TIME           6,997        

schedule.                                                                       

      (C)  If a mediation order is issued under division (A) of    6,999        

this section, the mediator shall not be made a party to, and       7,000        

shall not be called as a witness or testify in, any action or      7,001        

proceeding, other than a criminal, delinquency, child abuse,       7,002        

child neglect, or dependent child action or proceeding, that is    7,003        

brought by or against either parent and that pertains to the       7,004        

mediation process, to any information discussed or presented in    7,005        

the mediation process, to the allocation of parental rights and    7,006        

responsibilities for the care of the parents' children, or to the  7,007        

awarding of visitation PARENTING TIME rights in relation to their  7,009        

children. The mediator shall not be made a party to, or be called  7,010        

as a witness or testify in, such an action or proceeding even if   7,011        

both parents give their prior consent to the mediator being made   7,012        

a party to or being called as a witness or to testify in the       7,013        

action or proceeding.                                              7,014        

      (D)  Division (A) of this section does not apply to either   7,016        

                                                          167    


                                                                 
of the following:                                                  7,017        

      (1)  Any proceeding, or the use of mediation in any          7,019        

proceeding that is not a proceeding for divorce, dissolution,      7,020        

legal separation, annulment, or the allocation of parental rights  7,021        

and responsibilities for the care of a child;                      7,022        

      (2)  The use of mediation in any proceeding for divorce,     7,024        

dissolution, legal separation, annulment, or the allocation of     7,025        

parental rights and responsibilities for the care of a child, in   7,026        

relation to issues other than the appropriate allocation of        7,027        

parental rights and responsibilities for the care of the parents'  7,028        

children and other than a specific visitation PARENTING TIME       7,029        

schedule for the parents' children.                                7,031        

      Sec. 3109.12.  (A)  If a child is born to an unmarried       7,040        

woman, the parents of the woman and any relative of the woman may  7,041        

file a complaint requesting the court of common pleas of the       7,042        

county in which the child resides to grant them reasonable         7,043        

companionship or visitation rights with the child.  If a child is  7,044        

born to an unmarried woman and if the father of the child has      7,045        

acknowledged the child and that acknowledgment has become final    7,046        

pursuant to section 2151.232, 3111.211 3111.25, or 5101.314        7,048        

3111.821 of the Revised Code or has been determined in an action   7,049        

under Chapter 3111. of the Revised Code to be the father of the    7,050        

child, the father, MAY FILE A COMPLAINT REQUESTING THAT THE COURT  7,051        

OF COMMON PLEAS OF THE COUNTY IN WHICH THE CHILD RESIDES GRANT     7,052        

HIM REASONABLE PARENTING TIME RIGHTS WITH THE CHILD AND the                     

parents of the father, and any relative of the father may file a   7,054        

complaint requesting THAT the court of common pleas of the county  7,055        

in which the child resides to grant them reasonable companionship  7,056        

or visitation rights with respect to the child.                    7,057        

      (B)  The court may grant the PARENTING TIME RIGHTS OR        7,059        

companionship or visitation rights requested under division (A)    7,061        

of this section, if it determines that the granting of the         7,062        

PARENTING TIME RIGHTS OR companionship or visitation rights is in  7,064        

the best interest of the child.  In determining whether to grant   7,065        

                                                          168    


                                                                 
any person reasonable PARENTING TIME RIGHTS OR REASONABLE          7,066        

companionship or visitation rights with respect to any child, the  7,067        

court shall consider all relevant factors, including, but not      7,068        

limited to, the factors set forth in division (D) of section       7,069        

3109.051 of the Revised Code.  Divisions (C), (K), and (L) of      7,070        

section 3109.051 of the Revised Code apply to the determination    7,071        

of reasonable PARENTING TIME RIGHTS OR REASONABLE companionship    7,072        

or visitation rights under this section and to any order granting  7,074        

any such rights that is issued under this section.                              

      The marriage or remarriage of the mother or father of a      7,076        

child does not affect the authority of the court under this        7,077        

section to grant the natural father, REASONABLE PARENTING TIME     7,078        

RIGHTS OR the parents or relatives of the natural father, or the   7,080        

parents or relatives of the mother of the child reasonable         7,081        

companionship or visitation rights with respect to the child.      7,082        

      If the court denies a request for REASONABLE PARENTING TIME  7,084        

RIGHTS OR reasonable companionship or visitation rights made       7,086        

pursuant to division (A) of this section and the complainant       7,087        

files a written request for findings of fact and conclusions of    7,088        

law, the court shall state in writing its findings of fact and     7,089        

conclusions of law in accordance with Civil Rule 52.               7,090        

      Except as provided in division (E)(6) of section 3113.31 of  7,092        

the Revised Code, if the court, pursuant to this section, grants   7,093        

any person PARENTING TIME RIGHTS OR companionship or visitation    7,094        

rights with respect to any child, it shall not require the public  7,096        

children services agency to provide supervision of or other        7,097        

services related to that PARENT'S EXERCISE OF PARENTING TIME                    

RIGHTS WITH THE CHILD OR THAT person's exercise of companionship   7,098        

or visitation rights with respect to the child.  This section      7,099        

does not limit the power of a juvenile court pursuant to Chapter   7,101        

2151. of the Revised Code to issue orders with respect to          7,102        

children who are alleged to be abused, neglected, or dependent     7,103        

children or to make dispositions of children who are adjudicated   7,104        

abused, neglected, or dependent children or of a common pleas      7,105        

                                                          169    


                                                                 
court to issue orders pursuant to section 3113.31 of the Revised   7,106        

Code.                                                                           

      Sec. 3109.19.  (A)  As used in this section, "minor" has     7,116        

the same meaning as in section 3107.01 of the Revised Code.        7,117        

      (B)(1)  If a child is born to parents who are unmarried and  7,119        

unemancipated minors, a parent of one of the minors is providing   7,121        

support for the minors' child, and the minors have not signed an   7,122        

acknowledgment of paternity or a parent and child relationship     7,123        

has not been established between the child and the male minor,     7,124        

the parent who is providing support for the child may request a    7,125        

determination of the existence or nonexistence of a parent and     7,126        

child relationship between the child and the male minor pursuant   7,127        

to Chapter 3111. of the Revised Code.                              7,128        

      (2)  If a child is born to parents who are unmarried and     7,131        

unemancipated minors, a parent of one of the minors is providing   7,132        

support for the child, and the minors have signed an               7,133        

acknowledgment of paternity that has become final pursuant to                   

section 2151.232, 3111.211 3111.25, or 5101.314 3111.821 of the    7,136        

Revised Code or a parent and child relationship has been           7,138        

established between the child and the male minor pursuant to       7,139        

Chapter 3111. of the Revised Code, the parent who is providing     7,140        

support for the child may file a complaint requesting that the     7,141        

court issue an order or may request the child support enforcement  7,142        

agency of the county in which the child resides to issue an        7,143        

administrative order requiring all of the minors' parents to pay   7,144        

support for the child.                                                          

      (C)(1)  On receipt of a complaint filed under division       7,146        

(B)(2) of this section, the court shall schedule a hearing to      7,147        

determine, in accordance with sections 3113.21 to 3113.219         7,150        

CHAPTERS 3119., 3121., 3123., AND 3125. of the Revised Code, the   7,152        

amount of child support the minors' parents are required to pay,   7,153        

the method of paying the support, and the method of providing for  7,154        

the child's health care needs.  On receipt of a request under      7,157        

division (B)(2) of this section, the agency shall schedule a                    

                                                          170    


                                                                 
hearing to determine, in accordance with sections 3111.23 to       7,159        

3111.28 and 3113.215 CHAPTERS 3119., 3121., 3123., AND 3125. of    7,160        

the Revised Code, the amount of child support the minors' parents  7,161        

are required to pay, the method of paying the support, and the     7,163        

method of providing for the child's health care needs.  At the     7,164        

conclusion of the hearing, the court or agency shall issue an      7,165        

order requiring the payment of support of the child and provision  7,166        

for the child's health care needs.  The court or agency shall      7,168        

calculate the child support amount using the income of the         7,169        

minors' parents instead of the income of the minors.  If any of    7,170        

the minors' parents are divorced, the court or agency shall        7,171        

calculate the child support as if they were married, and issue a   7,172        

child support order requiring the parents to pay a portion of any  7,173        

support imposed as a separate obligation.  If a child support      7,174        

order issued pursuant to section 2151.23, 2151.231, 2151.232,      7,175        

3111.13, 3111.20, 3111.211, or 3111.22 3111.81 of the Revised      7,177        

Code requires one of the minors to pay support for the child, the  7,179        

amount the minor is required to pay shall be deducted from any     7,180        

amount that minor's parents are required to pay pursuant to an     7,181        

order issued under this section.  The hearing shall be held not    7,182        

later than sixty days after the day the complaint is filed or the  7,183        

request is made nor earlier than thirty days after the court or    7,184        

agency gives the minors' parents notice of the action.                          

      (2)  An order issued by an agency for the payment of child   7,186        

support shall include a notice stating all of the following:       7,187        

that the parents of the minors may object to the order by filing   7,189        

a complaint pursuant to division (B)(2) of this section with the   7,190        

court requesting that the court issue an order requiring the       7,191        

minors' parents to pay support for the child and provide for the   7,192        

child's health care needs; that the complaint may be filed no      7,193        

later than thirty days after the date of the issuance of the       7,194        

agency's order; and that, if none of the parents of the minors     7,195        

file a complaint pursuant to division (B)(2) of this section, the  7,197        

agency's order is final and enforceable by a court and may be      7,198        

                                                          171    


                                                                 
modified and enforced only in accordance with sections 3111.23 to  7,199        

3111.28 and sections 3113.21 to 3113.219 CHAPTERS 3119., 3121.,    7,200        

3123., AND 3125. of the Revised Code.                              7,202        

      (D)  An order issued by a court or agency under this         7,205        

section shall remain in effect, except as modified pursuant to     7,206        

sections 3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND     7,208        

3125. of the Revised Code with respect to a court-issued child     7,210        

support order or pursuant to sections 3111.23 to 3111.28 and       7,211        

3113.215 of the Revised Code with respect to an administrative     7,212        

child support order, until the occurrence of any of the            7,213        

following:                                                                      

      (1)  The minor who resides with the parents required to pay  7,215        

support under this section reaches the age of eighteen years,      7,216        

dies, marries, enlists in the armed services, is deported, gains   7,217        

legal or physical custody of the child, or is otherwise            7,218        

emancipated.                                                       7,219        

      (2)  The child who is the subject of the order dies, is      7,221        

adopted, is deported, or is transferred to the legal or physical   7,222        

custody of the minor who lives with the parents required to pay    7,223        

support under this section.                                                     

      (3)  The minor's parents to whom support is being paid       7,225        

pursuant to this section is no longer providing any support for    7,226        

the child.                                                         7,227        

      (E)(1)  The minor's parents to whom support is being paid    7,229        

under a child support order issued by a court OR AGENCY pursuant   7,230        

to this section shall notify, and the minor's parents who are      7,232        

paying support may notify the child support enforcement agency of  7,233        

the occurrence of any event described in division (D) of this      7,234        

section.  A willful failure to notify the agency as required by    7,235        

this division is contempt of court WITH RESPECT TO A COURT CHILD   7,236        

SUPPORT ORDER.  Upon receiving notification pursuant to this       7,238        

division, the agency shall comply with division (G)(4) of section  7,239        

3113.21 SECTIONS 3119.90 TO 3119.95 of the Revised Code.           7,242        

      (2)  The minor's parents to whom support is being paid       7,244        

                                                          172    


                                                                 
under a child support order issued by the agency pursuant to this  7,245        

section shall notify, and the minor's parents who are paying       7,246        

support may notify the child support enforcement agency of the     7,247        

occurrence of any event described in division (D) of this          7,248        

section.  Upon receiving notification pursuant to this division,   7,249        

the agency shall comply with division (E)(4) of section 3111.23    7,251        

of the Revised Code.                                                            

      Sec. 3109.21.  As used in sections 3109.21 to 3109.37 of     7,260        

the Revised Code:                                                  7,261        

      (A)  "Contestant" means a parent of a child who claims a     7,263        

right to be the residential parent and legal custodian of the      7,264        

child or claims visitation PARENTING TIME rights with respect to   7,265        

the child, or a person, other than a parent of a child, who        7,267        

claims a right to custody or visitation rights with respect to     7,268        

the child.                                                                      

      (B)  "Parenting determination" means a court decision and    7,270        

court orders and instructions that, in relation to the parents of  7,271        

a child, allocates parental rights and responsibilities for the    7,272        

care of the child, including any designation of visitation         7,273        

PARENTING TIME rights, and designates a residential parent and     7,275        

legal custodian of the child or that, in relation to any other     7,276        

person, provides for the custody of a child, including visitation  7,277        

rights.  It does not include a decision relating to child support  7,278        

or any other monetary obligation of any person.                    7,279        

      (C)  "Parenting proceeding" includes proceedings in which a  7,281        

parenting determination is one of several issues, such as an       7,282        

action for divorce or separation, and includes child neglect and   7,283        

dependency proceedings.                                            7,284        

      (D)  "Decree" or "parenting decree" means a parenting        7,286        

determination contained in a judicial decree or order made in a    7,287        

parenting proceeding, and includes an initial decree and a         7,288        

modification decree.                                               7,289        

      (E)  "Home state" means the state in which the child,        7,291        

immediately preceding the time involved, lived with his THE        7,292        

                                                          173    


                                                                 
CHILD'S parents, a parent, or a person acting as parent, for at    7,294        

least six consecutive months, and in the case of a child less      7,295        

than six months old the state in which the child lived from birth  7,296        

with any of the persons mentioned.  Periods of temporary absence   7,297        

of any of the named persons are counted as part of the six-month   7,298        

or other period.                                                   7,299        

      (F)  "Initial decree" means the first parenting decree       7,301        

concerning a particular child.                                     7,302        

      (G)  "Modification decree" means a parenting decree that     7,304        

modifies or replaces a prior decree, whether made by the court     7,305        

that rendered the prior decree or by another court.                7,306        

      (H)  "Physical custody" means actual possession and control  7,308        

of a child.                                                        7,309        

      (I)  "Person acting as parent" means a person, other than a  7,311        

parent, who has physical custody of a child and who either has     7,312        

been awarded custody by a court or claims a right to custody.      7,313        

      Sec. 3109.27.  (A)  Each party in a parenting proceeding,    7,322        

in the party's first pleading or in an affidavit attached to that  7,323        

pleading, shall give information under oath as to the child's      7,324        

present address, the places where the child has lived within the   7,325        

last five years, and the name and present address of each person   7,326        

with whom the child has lived during that period.  In this         7,327        

pleading or affidavit, each party also shall include all of the    7,328        

following information:                                             7,329        

      (1)  Whether the party has participated as a party, a        7,331        

witness, or in any other capacity in any other litigation, in      7,332        

this or any other state, that concerned the allocation, between    7,333        

the parents of the same child, of parental rights and              7,334        

responsibilities for the care of the child and the designation of  7,335        

the residential parent and legal custodian of the child or that    7,336        

otherwise concerned the custody of the same child;                 7,337        

      (2)  Whether the party has information of any parenting      7,339        

proceeding concerning the child pending in a court of this or any  7,340        

other state;                                                       7,341        

                                                          174    


                                                                 
      (3)  Whether the party knows of any person who is not a      7,343        

party to the proceeding and has physical custody of the child or   7,344        

claims to be a parent of the child who is designated the           7,345        

residential parent and legal custodian of the child or to have     7,346        

visitation PARENTING TIME rights with respect to the child or to   7,347        

be a person other than a parent of the child who has custody or    7,349        

visitation rights with respect to the child;                       7,350        

      (4)  Whether the party previously has been convicted of or   7,352        

pleaded guilty to any criminal offense involving any act that      7,353        

resulted in a child being an abused child or a neglected child or  7,354        

previously has been determined, in a case in which a child has     7,355        

been adjudicated an abused child or a neglected child, to be the   7,356        

perpetrator of the abusive or neglectful act that was the basis    7,357        

of the adjudication.                                               7,358        

      (B)  If the declaration under division (A)(1), (2), (3), or  7,360        

(4) of this section is in the affirmative, the court may require   7,361        

the declarant to give additional information under oath.  The      7,362        

court may examine the parties under oath as to details of the      7,363        

information furnished and as to other matters pertinent to the     7,364        

court's jurisdiction and the disposition of the case.              7,365        

      (C)  Each party has a continuing duty to inform the court    7,367        

of any parenting proceeding concerning the child in this or any    7,368        

other state of which the party obtained information during this    7,369        

proceeding.                                                        7,370        

      (D)  A public children services agency, acting pursuant to   7,372        

a complaint or an action on a complaint filed under section        7,374        

2151.27 of the Revised Code, is not subject to the requirements    7,376        

of this section.                                                                

      (E)  As used in this section, "abused child" has the same    7,378        

meaning as in section 2151.031 of the Revised Code, and            7,379        

"neglected child" has the same meaning as in section 2151.03 of    7,380        

the Revised Code.                                                  7,381        

      Sec. 3109.28.  If the court learns from information          7,390        

furnished by the parties pursuant to section 3109.27 of the        7,391        

                                                          175    


                                                                 
Revised Code or from other sources that a person not a party to    7,392        

the parenting proceeding has physical custody of the child,        7,393        

claims to be a parent of the child who has parental rights and                  

responsibilities for the care of the child and who has been        7,394        

designated the residential parent and legal custodian of the       7,395        

child, claims to be any other person with custody of the child,    7,396        

or claims to have PARENTING TIME RIGHTS OR visitation rights with  7,397        

respect to the child, it shall order that person to be joined as   7,398        

a party and to be duly notified of the pendency of the proceeding  7,400        

and of his THE PERSON'S joinder as a party.  If the person joined  7,401        

as a party is outside this state he THE PERSON shall be served     7,402        

with process or otherwise notified in accordance with division     7,404        

(B) of section 3109.23 of the Revised Code.                        7,405        

      Sec. 3111.01.  (A)  As used in sections 3111.01 to 3111.29   7,414        

3111.85 of the Revised Code, "parent and child relationship"       7,416        

means the legal relationship that exists between a child and the   7,417        

child's natural or adoptive parents and upon which those sections  7,418        

and any other provision of the Revised Code confer or impose                    

rights, privileges, duties, and obligations.  The "parent and      7,419        

child relationship" includes the mother and child relationship     7,420        

and the father and child relationship.                             7,421        

      (B)  The parent and child relationship extends equally to    7,423        

all children and all parents, regardless of the marital status of  7,424        

the parents.                                                                    

      Sec. 3111.02.  (A)  The parent and child relationship        7,433        

between a child and the child's natural mother may be established  7,434        

by proof of her having given birth to the child or pursuant to     7,435        

sections 3111.01 to 3111.19 3111.18 or 3111.20 to 3111.29 3111.85  7,436        

of the Revised Code.  The parent and child relationship between a  7,437        

child and the natural father of the child may be established by    7,438        

an acknowledgment of paternity as provided in section 5101.314     7,440        

SECTIONS 3111.20 TO 3111.35 of the Revised Code, and pursuant to   7,441        

sections 3111.01 to 3111.19 3111.18 or 3111.20 3111.38 to 3111.29  7,443        

3111.54 of the Revised Code.  The parent and child relationship    7,444        

                                                          176    


                                                                 
between a child and the adoptive parent of the child may be        7,445        

established by proof of adoption or pursuant to Chapter 3107. of   7,446        

the Revised Code.                                                               

      (B)  A court that is determining a parent and child          7,448        

relationship pursuant to this chapter shall give full faith and    7,449        

credit to a parentage determination made under the laws of this    7,450        

state or another state, regardless of whether the parentage        7,451        

determination was made pursuant to a voluntary acknowledgement of               

paternity, an administrative procedure, or a court proceeding.     7,452        

      Sec. 3111.03.  (A)  A man is presumed to be the natural      7,461        

father of a child under any of the following circumstances:        7,462        

      (1)  The man and the child's mother are or have been         7,464        

married to each other, and the child is born during the marriage   7,465        

or is born within three hundred days after the marriage is         7,466        

terminated by death, annulment, divorce, or dissolution or after   7,467        

the man and the child's mother separate pursuant to a separation   7,468        

agreement.                                                         7,469        

      (2)  The man and the child's mother attempted, before the    7,471        

child's birth, to marry each other by a marriage that was          7,472        

solemnized in apparent compliance with the law of the state in     7,473        

which the marriage took place, the marriage is or could be         7,474        

declared invalid, and either of the following applies:             7,475        

      (a)  The marriage can only be declared invalid by a court    7,477        

and the child is born during the marriage or within three hundred  7,478        

days after the termination of the marriage by death, annulment,    7,479        

divorce, or dissolution;                                           7,480        

      (b)  The attempted marriage is invalid without a court       7,482        

order and the child is born within three hundred days after the    7,483        

termination of cohabitation.                                       7,484        

      (3)  The man and the child's mother, after the child's       7,486        

birth, married or attempted to marry each other by a marriage      7,487        

solemnized in apparent compliance with the law of the state in     7,488        

which the marriage took place, and either of the following         7,489        

occurs:                                                            7,490        

                                                          177    


                                                                 
      (a)  The man has acknowledged his paternity of the child in  7,492        

a writing sworn to before a notary public;                         7,493        

      (b)  The man is required to support the child by a written   7,495        

voluntary promise or by a court order.                             7,496        

      (4)  An acknowledgment of paternity HAS BEEN filed with the  7,498        

division of child support in the department of human services      7,502        

becomes final pursuant to 3111.23 OR FORMER section 2151.232,      7,505        

3111.211, or 5101.314 of the Revised Code AND HAS NOT BECOME       7,507        

FINAL UNDER FORMER SECTION 3111.211 OR 5101.314 OR SECTION         7,508        

2151.232, 3111.25, OR 3111.821 OF THE REVISED CODE.                7,509        

      (5)  A court or administrative body, pursuant to section     7,511        

3111.09, 3111.22, or 3115.52 of the Revised Code or otherwise,     7,513        

has ordered that genetic tests be conducted or the natural mother  7,514        

and alleged natural father voluntarily agreed to genetic testing   7,515        

pursuant to former section 3111.21 of the Revised Code to          7,516        

determine the father and child relationship and the results of     7,518        

the genetic tests indicate a probability of ninety-nine per cent   7,519        

or greater that the man is the biological father of the child.     7,521        

      (B)(1)  A presumption arises under division (A)(3) of this   7,523        

section regardless of the validity or invalidity of the marriage   7,524        

of the parents.  A presumption that arises under this section can  7,525        

only be rebutted by clear and convincing evidence that includes    7,526        

the results of genetic testing, except that a presumption that     7,527        

arises under division (A)(1) or (2) of this section is conclusive  7,529        

as provided in division (A) of section 3111.37 3111.95 of the      7,530        

Revised Code and cannot be rebutted.  AN ACKNOWLEDGMENT OF         7,532        

PATERNITY THAT BECOMES FINAL UNDER SECTION 2151.232, 3111.25, OR   7,533        

3111.821 OF THE REVISED CODE IS NOT A PRESUMPTION AND SHALL BE     7,534        

CONSIDERED A FINAL AND ENFORCEABLE DETERMINATION OF PATERNITY      7,535        

UNLESS THE ACKNOWLEDGMENT IS RESCINDED UNDER SECTION 3111.28 OF    7,536        

THE REVISED CODE.  If two or more conflicting presumptions arise   7,538        

under this section, the court shall determine, based upon logic    7,539        

and policy considerations, which presumption controls.  If a       7,540        

determination described in division (B)(3) of this section         7,541        

                                                          178    


                                                                 
conflicts with a presumption that arises under this section the                 

determination is controlling.                                      7,542        

      (2)  Notwithstanding division (B)(1) of this section, a      7,544        

presumption that arises under division (A)(4) of this section may  7,547        

only be rebutted as provided in division (B)(2) of section         7,549        

5101.314 of the Revised Code.                                      7,551        

      (3)  Notwithstanding division (A)(5) of this section, a      7,553        

final and enforceable determination finding the existence of a     7,555        

father and child relationship pursuant to former section 3111.21   7,556        

or section 3111.22 of the Revised Code that is based on the        7,558        

results of genetic tests ordered pursuant to either of those       7,559        

sections, is not a presumption.                                    7,560        

      (C)  A (1)  EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS    7,563        

SECTION, A presumption of paternity that arose pursuant to this                 

section prior to the effective date of this amendment shall        7,565        

remain valid on and after that date unless rebutted pursuant to    7,566        

division (B) of this section.  This division does not apply to a   7,567        

determination described in division (B)(3) of this section AS      7,568        

DIVISION (B)(3) OF THIS SECTION EXISTED PRIOR TO THE EFFECTIVE     7,569        

DATE OF THIS AMENDMENT.                                                         

      (2)  A PRESUMPTION OF PATERNITY THAT AROSE PRIOR TO THE      7,571        

EFFECTIVE DATE OF THIS AMENDMENT BASED ON AN ACKNOWLEDGMENT OF     7,572        

PATERNITY THAT BECAME FINAL UNDER FORMER SECTION 3111.211 OR       7,573        

5101.314 OR SECTION 2151.232 OF THE REVISED CODE IS NOT A                       

PRESUMPTION AND SHALL BE CONSIDERED A FINAL AND ENFORCEABLE        7,574        

DETERMINATION OF PATERNITY UNLESS THE ACKNOWLEDGMENT IS RESCINDED  7,575        

UNDER SECTION 3111.28 OF THE REVISED CODE.                                      

      Sec. 3111.04.  (A)  An action to determine the existence or  7,584        

nonexistence of the father and child relationship may be brought   7,585        

by the child or the child's personal representative, the child's   7,586        

mother or her personal representative, a man alleged or alleging   7,587        

himself to be the child's father, the child support enforcement    7,588        

agency of the county in which the child resides if the child's     7,589        

mother is a recipient of public assistance or of services under    7,590        

                                                          179    


                                                                 
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42  7,591        

U.S.C.A. 651, as amended, or the alleged father's personal         7,592        

representative.                                                                 

      (B)  An agreement does not bar an action under this          7,594        

section.                                                           7,595        

      (C)  If an action under this section is brought before the   7,597        

birth of the child and if the action is contested, all             7,598        

proceedings, except service of process and the taking of           7,599        

depositions to perpetuate testimony, may be stayed until after     7,600        

the birth.                                                         7,601        

      (D)  A recipient of public assistance or of services under   7,603        

Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42  7,604        

U.S.C.A. 651, as amended, shall cooperate with the child support   7,605        

enforcement agency of the county in which a child resides to       7,607        

obtain an administrative determination pursuant to section         7,609        

3111.22 SECTIONS 3111.38 TO 3111.54 of the Revised Code, or, if    7,611        

necessary, a court determination pursuant to sections 3111.01 to   7,612        

3111.19 3111.18 of the Revised Code, of the existence or           7,615        

nonexistence of a parent and child relationship between the        7,616        

father and the child.  If the recipient fails to cooperate, the    7,618        

agency may commence an action to determine the existence or                     

nonexistence of a parent and child relationship between the        7,619        

father and the child pursuant to sections 3111.01 to 3111.19       7,620        

3111.18 of the Revised Code.                                       7,621        

      (E)  As used in this section, "public assistance" means      7,623        

medical assistance under Chapter 5111. of the Revised Code,        7,624        

assistance under Chapter 5107. of the Revised Code, or disability  7,625        

assistance under Chapter 5115. of the Revised Code.                7,626        

      Sec. 3111.06.  (A)  The juvenile court has original          7,635        

jurisdiction of any action authorized under sections 3111.01 to    7,636        

3111.19 3111.18 of the Revised Code.  An action may be brought     7,637        

under those sections in the juvenile court of the county in which  7,639        

the child, the child's mother, or the alleged father resides or    7,640        

is found or, if the alleged father is deceased, of the county in   7,641        

                                                          180    


                                                                 
which proceedings for the probate of the alleged father's estate   7,643        

have been or can be commenced, or of the county in which the                    

child is being provided support by the department of human         7,644        

services of that county.  An action pursuant to sections 3111.01   7,645        

to 3111.19 3111.18 of the Revised Code to object to an             7,648        

administrative order issued pursuant to former section 3111.21 or               

section 3111.22 OR SECTIONS 3111.38 TO 3111.54 of the Revised      7,650        

Code determining the existence or nonexistence of a parent and     7,651        

child relationship that has not become final and enforceable, may  7,652        

be brought only in the juvenile court of the county in which the   7,653        

child support enforcement agency that issued the order is          7,654        

located.  If an action for divorce, dissolution, or legal          7,655        

separation has been filed in a court of common pleas, that court   7,656        

of common pleas has original jurisdiction to determine if the      7,657        

parent and child relationship exists between one or both of the    7,658        

parties and any child alleged or presumed to be the child of one   7,659        

or both of the parties.                                            7,660        

      (B)  A person who has sexual intercourse in this state       7,662        

submits to the jurisdiction of the courts of this state as to an   7,663        

action brought under sections 3111.01 to 3111.19 3111.18 of the    7,665        

Revised Code with respect to a child who may have been conceived   7,666        

by that act of intercourse.  In addition to any other method       7,667        

provided by the Rules of Civil Procedure, personal jurisdiction    7,668        

may be acquired by personal service of summons outside this state  7,669        

or by certified mail with proof of actual receipt.                 7,670        

      Sec. 3111.07.  (A)  The natural mother, each man presumed    7,679        

to be the father under section 3111.03 of the Revised Code, each   7,680        

man alleged to be the natural father, and, if the party who        7,681        

initiates the action is a recipient of public assistance as        7,682        

defined in section 3111.04 of the Revised Code or if the           7,684        

responsibility for the collection of support for the child who is  7,685        

the subject of the action has been assumed by the child support    7,686        

enforcement agency under Title IV-D of the "Social Security Act,"  7,687        

88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child       7,688        

                                                          181    


                                                                 
support enforcement agency of the county in which the child        7,689        

resides shall be made parties to the action brought pursuant to    7,690        

sections 3111.01 to 3111.19 3111.18 of the Revised Code or, if     7,691        

not subject to the jurisdiction of the court, shall be given       7,693        

notice of the action pursuant to the Rules of Civil Procedure and  7,694        

shall be given an opportunity to be heard.  The court may align    7,695        

the parties.  The child shall be made a party to the action        7,696        

unless a party shows good cause for not doing so.  Separate        7,697        

counsel shall be appointed for the child if the court finds that   7,698        

the child's interests conflict with those of the mother.           7,699        

      If the person bringing the action knows that a particular    7,701        

man is not or, based upon the facts and circumstances present,     7,702        

could not be the natural father of the child, the person bringing  7,703        

the action shall not allege in the action that the man is the      7,704        

natural father of the child and shall not make the man a party to  7,705        

the action.                                                        7,706        

      (B)  If an action is brought pursuant to sections 3111.01    7,708        

to 3111.19 3111.18 of the Revised Code and the child to whom the   7,710        

action pertains is or was being provided support by the            7,711        

department of human services, a county department of human         7,712        

services, or another public agency, the department, county         7,713        

department, or agency may intervene for purposes of collecting or  7,714        

recovering the support.                                                         

      Sec. 3111.08.  (A)  An action brought pursuant to sections   7,724        

3111.01 to 3111.19 3111.18 of the Revised Code to declare the      7,725        

existence or nonexistence of the father and child relationship is  7,727        

a civil action and shall be governed by the Rules of Civil         7,728        

Procedure unless a different procedure is specifically provided    7,729        

by those sections.                                                 7,730        

      (B)  If an action is brought against a person to declare     7,732        

the existence or nonexistence of the father and child              7,733        

relationship between that person and a child and the person in     7,734        

his answer admits the existence or nonexistence of the father and  7,735        

child relationship as alleged in the action, the court shall       7,736        

                                                          182    


                                                                 
enter judgment in accordance with section 3111.13 of the Revised   7,737        

Code.  If the person against whom the action is brought fails to   7,738        

plead or otherwise defend against the action, the opposing party   7,740        

may make an oral or written motion for default judgment pursuant   7,742        

to the Rules of Civil Procedure.  The court shall render a         7,743        

judgment by default against the person after hearing satisfactory  7,744        

evidence of the truth of the statements in the complaint.          7,746        

      Sec. 3111.09.  (A)(1)  In any action instituted under        7,755        

sections 3111.01 to 3111.19 3111.18 of the Revised Code, the       7,756        

court, upon its own motion, may order and, upon the motion of any  7,758        

party to the action, shall order the child's mother, the child,    7,759        

the alleged father, and any other person who is a defendant in     7,760        

the action to submit to genetic tests.  Instead of or in addition  7,761        

to genetic testing ordered pursuant to this section, the court     7,762        

may use the following information to determine the existence of a  7,764        

parent and child relationship between the child and the child's    7,765        

mother, the alleged father, or another defendant:                  7,766        

      (a)  A DNA record of the child's mother, the child, the      7,770        

alleged father, or any other defendant that is stored in the DNA   7,771        

database pursuant to section 109.573 of the Revised Code;                       

      (b)  Results of genetic tests conducted on the child, the    7,774        

child's mother, the alleged father, or any other defendant         7,775        

pursuant to former section 3111.21 or section 3111.22 OR SECTIONS  7,776        

3111.38 TO 3111.54 of the Revised Code.                            7,778        

      If the court intends to use the information described in     7,781        

division (A)(1)(a) of this section, it shall order the             7,782        

superintendent of the bureau of criminal identification and        7,783        

investigation to disclose the information to the court.  If the    7,784        

court intends to use the genetic test results described in         7,785        

division (A)(1)(b) of this section, it shall order the agency      7,786        

that ordered the tests to provide the report of the genetic test   7,787        

results to the court.                                                           

      (2)  If the child support enforcement agency is not made a   7,790        

party to the action, the clerk of the court shall schedule the     7,791        

                                                          183    


                                                                 
genetic testing no later than thirty days after the court issues   7,792        

its order.  If the agency is made a party to the action, the       7,793        

agency shall schedule the genetic testing in accordance with the   7,794        

rules adopted by the department of human services pursuant to      7,795        

section 2301.35 3111.611 of the Revised Code.  If the alleged      7,797        

father of a child brings an action under sections 3111.01 to       7,798        

3111.19 3111.18 of the Revised Code and if the mother of the       7,799        

child willfully fails to submit to genetic testing or if the       7,800        

mother is the custodian of the child and willfully fails to        7,801        

submit the child to genetic testing, the court, on the motion of   7,802        

the alleged father, shall issue an order determining the           7,804        

existence of a parent and child relationship between the father    7,805        

and the child without genetic testing.  If the mother or other     7,806        

guardian or custodian of the child brings an action under          7,807        

sections 3111.01 to 3111.19 3111.18 of the Revised Code and if     7,809        

the alleged father of the child willfully fails to submit himself  7,810        

to genetic testing or, if the alleged father is the custodian of   7,811        

the child and willfully fails to submit the child to genetic       7,812        

testing, the court shall issue an order determining the existence  7,813        

of a parent and child relationship between the father and the      7,814        

child without genetic testing.  If a party shows good cause for    7,815        

failing to submit to genetic testing or for failing to submit the  7,816        

child to genetic testing, the court shall not consider the         7,817        

failure to be willful.                                                          

      (3)  Except as provided in division (A)(4) of this section,  7,820        

any fees charged for the tests shall be paid by the party that     7,821        

requests them, unless the custodian of the child is represented    7,822        

by the child support enforcement agency in its role as the agency  7,823        

providing enforcement of child support orders under Title IV-D of  7,824        

the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651,    7,825        

as amended, the custodian is a participant in Ohio works first     7,827        

under Chapter 5107. of the Revised Code for the benefit of the     7,829        

child, or the defendant in the action is found to be indigent, in  7,830        

which case the child support enforcement agency shall pay the      7,831        

                                                          184    


                                                                 
costs of genetic testing.  The child support enforcement agency,   7,832        

within guidelines contained in that federal law, shall use funds   7,833        

received pursuant to Title IV-D of the "Social Security Act," 88   7,834        

Stat. 2351 (1975), 42 U.S.C. 651, as amended, to pay the fees      7,835        

charged for the tests.                                                          

      Except as provided in division (A)(4) of this section, if    7,837        

there is a dispute as to who shall pay the fees charged for        7,838        

genetic testing, the child support enforcement agency shall pay    7,839        

the fees, but neither the court nor the agency shall delay         7,840        

genetic testing due to a dispute as to who shall pay the genetic   7,841        

testing fees.  The child support enforcement agency or the person  7,842        

who paid the fees charged for the genetic testing may seek         7,843        

reimbursement for the genetic testing fees from the person         7,844        

against whom the court assesses the costs of the action.  Any      7,845        

funds used in accordance with this division by the child support   7,846        

enforcement agency shall be in addition to any other funds that    7,847        

the agency is entitled to receive as a result of any contractual   7,848        

provision for specific funding allocations for the agency between  7,849        

the county, the state, and the federal government.                 7,850        

      (4)  If, pursuant to former section 3111.21 or section       7,853        

3111.22 OR SECTIONS 3111.38 TO 3111.54 of the Revised Code, the    7,856        

agency has previously conducted genetic tests on the child,        7,857        

child's mother, alleged father, or any other defendant and the     7,858        

current action pursuant to section 3111.01 to 3111.19 3111.18 of   7,859        

the Revised Code has been brought to object to the result of       7,862        

those previous tests, the agency shall not be required to pay the  7,863        

fees for conducting genetic tests pursuant to this section on the  7,864        

same persons.                                                                   

      (B)(1)  The genetic tests shall be made by qualified         7,866        

examiners who are authorized by the court or the department of     7,867        

human services.  An examiner conducting a genetic test, upon the   7,868        

completion of the test, shall send a complete report of the test   7,869        

results to the clerk of the court that ordered the test or, if     7,870        

the agency is a party to the action, to the child support          7,871        

                                                          185    


                                                                 
enforcement agency of the county in which the court that ordered                

the test is located.                                               7,872        

      (2)  If a court orders the superintendent of the bureau of   7,874        

criminal identification and investigation to disclose information  7,875        

regarding a DNA record stored in the DNA database pursuant to      7,876        

section 109.573 of the Revised Code, the superintendent shall      7,877        

send the information to the clerk of the court that issued the     7,879        

order or, if the agency is a party to the action, to the child     7,880        

support enforcement agency of the county in which the court that                

issued the order is located.                                       7,881        

      (3)  If a court orders the child support enforcement agency  7,883        

to provide the report of the genetic test results obtained         7,884        

pursuant to former section 3111.21 or section 3111.22 OR SECTIONS  7,886        

3111.38 TO 3111.54 of the Revised Code, the agency shall send the  7,887        

information to the person or government entity designated by the   7,889        

court that issued the order.                                                    

      (4)  The clerk, agency, or person or government entity       7,892        

under division (B)(3) of this section that receives a report or    7,893        

information pursuant to division (B)(1), (2), or (3) of this       7,895        

section shall mail a copy of the report or information to the      7,897        

attorney of record for each party or, if a party is not            7,899        

represented by an attorney, to the party.  The clerk, agency, or   7,900        

person or government entity under division (B)(3) of this section  7,902        

that receives a copy of the report or information shall include    7,903        

with the report or information sent to an attorney of record of a  7,904        

party or a party a notice that the party may object to the         7,905        

admission into evidence of the report or information by filing a   7,906        

written objection as described in division (D) of section 3111.12  7,907        

of the Revised Code with the court that ordered the tests or       7,908        

ordered the disclosure of the information no later than fourteen   7,909        

days after the report or information was mailed to the attorney    7,911        

of record or to the party.  The examiners may be called as         7,912        

witnesses to testify as to their findings.  Any party may demand   7,913        

that other qualified examiners perform independent genetic tests   7,914        

                                                          186    


                                                                 
under order of the court.  The number and qualifications of the    7,915        

independent examiners shall be determined by the court.            7,916        

      (C)  Nothing in this section prevents any party to the       7,918        

action from producing other expert evidence on the issue covered   7,919        

by this section, but, if other expert witnesses are called by a    7,920        

party to the action, the fees of these expert witnesses shall be   7,921        

paid by the party calling the witnesses and only ordinary witness  7,922        

fees for these expert witnesses shall be taxed as costs in the     7,923        

action.                                                            7,924        

      (D)  If the court finds that the conclusions of all the      7,926        

examiners are that the alleged father is not the father of the     7,927        

child, the court shall enter judgment that the alleged father is   7,928        

not the father of the child.  If the examiners disagree in their   7,929        

findings or conclusions, the court shall determine the father of   7,931        

the child based upon all the evidence.                                          

      (E)  As used in sections 3111.01 to 3111.29 3111.85 of the   7,933        

Revised Code:                                                      7,934        

      (1)  "Genetic tests" and "genetic testing" mean either of    7,936        

the following:                                                                  

      (a)  Tissue or blood tests, including tests that identify    7,940        

the presence or absence of common blood group antigens, the red    7,941        

blood cell antigens, human lymphocyte antigens, serum enzymes,     7,942        

serum proteins, or genetic markers;                                7,943        

      (b)  Deoxyribonucleic acid typing of blood or buccal cell    7,945        

samples.                                                                        

      "Genetic test" and "genetic testing" may include the typing  7,947        

and comparison of deoxyribonucleic acid derived from the blood of  7,948        

one individual and buccal cells of another.                        7,949        

      (2)  "DNA record" and "DNA database" have the same meanings  7,952        

as in section 109.573 of the Revised Code.                                      

      Sec. 3111.10.  In an action brought under sections 3111.01   7,961        

to 3111.19 3111.18 of the Revised Code, evidence relating to       7,962        

paternity may include:                                             7,964        

      (A)  Evidence of sexual intercourse between the mother and   7,966        

                                                          187    


                                                                 
alleged father at any possible time of conception;                 7,967        

      (B)  An expert's opinion concerning the statistical          7,969        

probability of the alleged father's paternity, which opinion is    7,970        

based upon the duration of the mother's pregnancy;                 7,971        

      (C)  Genetic test results, weighted in accordance with       7,973        

evidence, if available, of the statistical probability of the      7,974        

alleged father's paternity;                                        7,975        

      (D)  Medical evidence relating to the alleged father's       7,977        

paternity of the child based on tests performed by experts.  If a  7,978        

man has been identified as a possible father of the child, the     7,979        

court may, and upon the request of a party shall, require the      7,980        

child, the mother, and the man to submit to appropriate tests.     7,981        

Any fees charged for the tests shall be paid by the party that     7,982        

requests them unless the court orders the fees taxed as costs in   7,983        

the action.                                                        7,984        

      (E)  All other evidence relevant to the issue of paternity   7,986        

of the child.                                                      7,987        

      Sec. 3111.11.  If the person against whom an action is       7,996        

brought pursuant to sections 3111.01 to 3111.19 3111.18 of the     7,997        

Revised Code does not admit in his answer the existence or         7,999        

nonexistence of the father and child relationship, the court                    

shall hold a pretrial hearing, in accordance with the Civil        8,000        

Rules, at a time set by the court.  At the pretrial hearing, the   8,001        

court shall notify each party to the action that the party may     8,002        

file a motion requesting the court to order the child's mother,    8,003        

the alleged father, and any other person who is a defendant in     8,004        

the action to submit to genetic tests and, if applicable, to the                

appropriate tests referred to in section 3111.10 of the Revised    8,005        

Code.  When the court determines that all pretrial matters have    8,006        

been completed, the action shall be set for trial.                 8,007        

      Sec. 3111.111.  If an action is brought pursuant to          8,016        

sections 3111.01 to 3111.19 3111.18 of the Revised Code to object  8,018        

to a determination made pursuant to former section 3111.21 or      8,020        

section 3111.22 OR SECTIONS 3111.38 TO 3111.54 of the Revised      8,024        

                                                          188    


                                                                 
Code that the alleged father is the natural father of a child,     8,026        

the court, on its own motion or on the motion of either party,     8,027        

shall issue a temporary order for the support of the child         8,028        

pursuant to section 3113.21 to 3113.219 CHAPTERS 3119., 3121.,     8,029        

3123., AND 3125. of the Revised Code requiring the alleged father  8,031        

to pay support to the natural mother or the guardian or legal      8,033        

custodian of the child.  The order shall remain in effect until    8,034        

the court issues a judgment in the action pursuant to section      8,035        

3111.13 of the Revised Code that determines the existence or       8,037        

nonexistence of a father and child relationship.  If the court,    8,038        

in its judgment, determines that the alleged father is not the     8,039        

natural father of the child, the court shall order the person to   8,040        

whom the temporary support was paid under the order to repay the   8,041        

alleged father all amounts paid for support under the temporary    8,042        

order.                                                                          

      Sec. 3111.12.  (A)  In an action under sections 3111.01 to   8,051        

3111.19 3111.18 of the Revised Code, the mother of the child and   8,053        

the alleged father are competent to testify and may be compelled   8,054        

to testify by subpoena.  If a witness refuses to testify upon the  8,055        

ground that the testimony or evidence of the witness might tend    8,056        

to incriminate the witness and the court compels the witness to    8,057        

testify, the court may grant the witness immunity from having the  8,058        

testimony of the witness used against the witness in subsequent    8,059        

criminal proceedings.                                                           

      (B)  Testimony of a physician concerning the medical         8,061        

circumstances of the mother's pregnancy and the condition and      8,062        

characteristics of the child upon birth is not privileged.         8,063        

      (C)  Testimony relating to sexual access to the mother by a  8,065        

man at a time other than the probable time of conception of the    8,066        

child is inadmissible in evidence, unless offered by the mother.   8,067        

      (D)  If, pursuant to section 3111.09 of the Revised Code, a  8,069        

court orders genetic tests to be conducted, orders disclosure of   8,070        

information regarding a DNA record stored in the DNA database      8,072        

pursuant to section 109.573 of the Revised Code, or intends to     8,073        

                                                          189    


                                                                 
use a report of genetic test results obtained from tests                        

conducted pursuant to former section 3111.21 or section 3111.22    8,074        

OR SECTIONS 3111.38 TO 3111.54 of the Revised Code, a party may    8,076        

object to the admission into evidence of any of the genetic test   8,079        

results or of the DNA record information by filing a written       8,082        

objection with the court that ordered the tests or disclosure or   8,083        

intends to use a report of genetic test results.  The party shall  8,084        

file the written objection with the court no later than fourteen   8,086        

days after the report of the test results or the DNA record        8,087        

information is mailed to the attorney of record of a party or to   8,088        

a party.  The party making the objection shall send a copy of the  8,089        

objection to all parties.                                                       

      If a party files a written objection, the report of the      8,091        

test results or the DNA record information shall be admissible     8,093        

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  8,094        

record information shall be admissible into evidence without the   8,096        

need for foundation testimony or other proof of authenticity or    8,097        

accuracy.                                                                       

      (E)  If a party intends to introduce into evidence invoices  8,100        

or other documents showing amounts expended to cover pregnancy     8,101        

and confinement and genetic testing, the party shall notify all    8,102        

other parties in writing of that intent and include copies of the  8,103        

invoices and documents.  A party may object to the admission into  8,104        

evidence of the invoices or documents by filing a written          8,105        

objection with the court that is hearing the action no later than  8,106        

fourteen days after the notice and the copies of the invoices and  8,107        

documents are mailed to the attorney of record of each party or    8,108        

to each party.                                                                  

      If a party files a written objection, the invoices and       8,110        

other documents shall be admissible into evidence as provided by   8,111        

the Rules of Evidence.  If a written objection is not filed, the   8,113        

invoices or other documents are admissible into evidence without                

the need for foundation testimony or other evidence of             8,115        

                                                          190    


                                                                 
authenticity or accuracy.                                          8,116        

      (F)  A juvenile court shall give priority to actions under   8,118        

sections 3111.01 to 3111.19 3111.18 of the Revised Code and shall  8,120        

issue an order determining the existence or nonexistence of a      8,121        

parent and child relationship no later than one hundred twenty     8,122        

days after the date on which the action was brought in the         8,123        

juvenile court.                                                    8,124        

      Sec. 3111.13.  (A)  The judgment or order of the court       8,133        

determining the existence or nonexistence of the parent and child  8,134        

relationship is determinative for all purposes.                    8,135        

      (B)  If the judgment or order of the court is at variance    8,137        

with the child's birth record, the court may order that a new      8,138        

birth record be issued under section 3111.18 of the Revised Code.  8,139        

      (C)  The judgment or order may contain, AT THE REQUEST OF A  8,141        

PARTY AND IF NOT PROHIBITED UNDER FEDERAL LAW, any other           8,142        

provision directed against the appropriate party to the            8,143        

proceeding, concerning the duty of support, THE PAYMENT OF ALL OR  8,144        

ANY PART OF THE REASONABLE EXPENSES OF THE MOTHER'S PREGNANCY AND  8,145        

CONFINEMENT, the furnishing of bond or other security for the      8,147        

payment of the judgment, or any other matter in the best interest  8,148        

of the child.  The judgment or order shall direct the father to    8,149        

pay all or any part of the reasonable expenses of the mother's     8,150        

pregnancy and confinement.  After entry of the judgment or order,  8,151        

the father may petition that he be designated the residential      8,152        

parent and legal custodian of the child or for visitation          8,153        

PARENTING TIME rights in a proceeding separate from any action to  8,155        

establish paternity.  Additionally, if the mother is unmarried,    8,156        

the father, MAY FILE A COMPLAINT REQUESTING THE GRANTING OF        8,157        

REASONABLE PARENTING TIME RIGHTS, AND the parents of the father,                

any relative of the father, the parents of the mother, and any     8,159        

relative of the mother may file a complaint pursuant to section    8,160        

3109.12 of the Revised Code requesting the granting under that     8,161        

section of reasonable companionship or visitation rights, with     8,162        

respect to the child PURSUANT TO SECTION 3109.12 OF THE REVISED    8,164        

                                                          191    


                                                                 
CODE.                                                                           

      The judgment or order shall contain any provision required   8,166        

by section 3111.14 of the Revised Code.                            8,167        

      (D)  Support judgments or orders ordinarily shall be for     8,169        

periodic payments that may vary in amount.  In the best interest   8,170        

of the child, a lump-sum payment or the purchase of an annuity     8,172        

may be ordered in lieu of periodic payments of support.            8,173        

      (E)  In determining the amount to be paid by a parent for    8,175        

support of the child and the period during which the duty of       8,176        

support is owed, a court enforcing the obligation of support       8,177        

shall comply with sections 3113.21 to 3113.219 CHAPTERS 3119.,     8,179        

3121., 3123., AND 3125. of the Revised Code.                       8,180        

      (F)(1)  Each order for child support made or modified under  8,182        

this section shall include as part of the order a general          8,184        

provision, as described in division (A)(1) of section 3113.21 of   8,185        

the Revised Code, requiring the withholding or deduction of        8,187        

income or assets of the obligor under the order as described in    8,189        

division (D) or (H) of section 3113.21 of the Revised Code, or     8,191        

another type of appropriate requirement as described in division   8,192        

(D)(3), (D)(4), or (H) of that section, to ensure that             8,194        

withholding or deduction from the income or assets of the obligor  8,196        

is available from the commencement of the support order for        8,197        

collection of the support and of any arrearages that occur; a      8,198        

statement requiring all parties to the order to notify the child   8,199        

support enforcement agency in writing of their current mailing     8,200        

address, current residence address, current residence telephone    8,201        

number, current driver's license number, and any changes to that   8,202        

information; and a notice that the requirement to notify the       8,204        

agency of all changes to that information continues until further  8,206        

notice from the court.  Any court that makes or modifies an order  8,207        

for child support under this section shall comply with sections    8,208        

3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 3125. of     8,209        

the Revised Code.  If any person required to pay child support     8,211        

under an order made under this section on or after April 15,       8,212        

                                                          192    


                                                                 
1985, or modified on or after December 1, 1986, is found in        8,213        

contempt of court for failure to make support payments under the   8,214        

order, the court that makes the finding, in addition to any other  8,215        

penalty or remedy imposed, shall assess all court costs arising    8,216        

out of the contempt proceeding against the person and require the  8,217        

person to pay any reasonable attorney's fees of any adverse        8,218        

party, as determined by the court, that arose in relation to the   8,219        

act of contempt.                                                   8,220        

      (2)  Notwithstanding section 3109.01 of the Revised Code,    8,222        

if a court issues a child support order under this section, the    8,223        

order shall remain in effect beyond the child's eighteenth         8,224        

birthday as long as the child continuously attends on a full-time  8,225        

basis any recognized and accredited high school or the order       8,227        

provides that the duty of support of the child continues beyond    8,228        

the child's eighteenth birthday.  Except in cases in which the     8,230        

order provides that the duty of support continues for any period   8,231        

after the child reaches nineteen years of age, the order shall     8,232        

not remain in effect after the child reaches age nineteen.  Any    8,233        

parent ordered to pay support under a child support order issued   8,234        

under this section shall continue to pay support under the order,  8,235        

including during seasonal vacation periods, until the order        8,236        

terminates.                                                        8,237        

      (3)  When a court determines whether to require a parent to  8,239        

pay an amount for that parent's failure to support a child prior   8,240        

to the date the court issues an order requiring that parent to     8,241        

pay an amount for the current support of that child, it shall      8,242        

consider all relevant factors, including, but not limited to, any  8,243        

monetary contribution either parent of the child made to the       8,244        

support of the child prior to the court issuing the order          8,245        

requiring the parent to pay an amount for the current support of   8,246        

the child.                                                         8,247        

      (G)  As used in this section, "birth record" has the same    8,249        

meaning as in section 3705.01 of the Revised Code.                 8,250        

      (H)  Unless the court has reason to believe that a person    8,252        

                                                          193    


                                                                 
named in the order is a potential victim of domestic violence,     8,253        

any order issued pursuant to this section finding the existence    8,255        

of a parent and child relationship shall contain the full names,   8,256        

addresses, and social security numbers of the mother and father    8,257        

of the child and the full name and address of the child.           8,258        

      Sec. 3111.15.  (A)  If the existence of the father and       8,267        

child relationship is declared or if paternity or a duty of        8,268        

support has been adjudicated under sections 3111.01 to 3111.19     8,269        

3111.18 of the Revised Code or under prior law, the obligation of  8,271        

the father may be enforced in the same or other proceedings by     8,272        

the mother, the child, or the public authority that has furnished  8,273        

or may furnish the reasonable expenses of pregnancy, confinement,  8,274        

education, support, or funeral, or by any other person, including  8,275        

a private agency, to the extent that any of them may furnish, has  8,276        

furnished, or is furnishing these expenses.                        8,277        

      (B)  The court may order support payments to be made to the  8,279        

mother, the clerk of the court, or a person or agency designated   8,280        

to administer them for the benefit of the child under the          8,281        

supervision of the court.                                          8,282        

      (C)  Willful failure to obey the judgment or order of the    8,284        

court is a civil contempt of the court.                            8,285        

      Sec. 3111.16.  The court has continuing jurisdiction to      8,294        

modify or revoke a judgment or order issued under sections         8,295        

3111.01 to 3111.19 3111.18 of the Revised Code to provide for      8,297        

future education and support and a judgment or order issued with   8,298        

respect to matters listed in divisions (C) and (D) of section                   

3111.13 and division (B) of section 3111.15 of the Revised Code,   8,299        

except that a court entering a judgment or order for the payment   8,300        

of a lump sum or the purchase of an annuity under division (D) of  8,301        

section 3111.13 of the Revised Code may specify that the judgment  8,302        

or order may not be modified or revoked.                                        

      Sec. 3111.17.  Any interested party may bring an action to   8,311        

determine the existence or nonexistence of a mother and child      8,312        

relationship.  Insofar as practicable, the provisions of sections  8,313        

                                                          194    


                                                                 
3111.01 to 3111.19 3111.18 of the Revised Code that are            8,315        

applicable to the father and child relationship shall apply to an               

action brought under this section.                                 8,316        

      Sec. 3111.29 3111.19.  No person, by using physical          8,325        

harassment or threats of violence against another person, shall    8,327        

interfere with the other person in his PERSON'S initiation or      8,328        

continuance of, or attempt to prevent the other person from        8,329        

initiating or continuing, an action under sections 3111.01 to                   

3111.19 3111.18 of the Revised Code.                               8,330        

      Sec. 3111.20.  AS USED IN SECTIONS 3111.21 TO 3111.85 OF     8,333        

THE REVISED CODE, "BIRTH RECORD" HAS THE SAME MEANING AS IN                     

SECTION 3705.01 OF THE REVISED CODE.                               8,334        

      Sec. 3111.21.  IF THE NATURAL MOTHER AND ALLEGED FATHER OF   8,337        

A CHILD SIGN AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT PREPARED     8,338        

PURSUANT TO SECTION 3111.31 OF THE REVISED CODE WITH RESPECT TO    8,341        

THAT CHILD AT A CHILD SUPPORT ENFORCEMENT AGENCY, THE AGENCY       8,342        

SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE THE ACKNOWLEDGMENT.      8,343        

      Sec. 3111.22.  A CHILD SUPPORT ENFORCEMENT AGENCY SHALL      8,345        

SEND A SIGNED AND NOTARIZED ACKNOWLEDGMENT OF PATERNITY TO THE     8,346        

OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES        8,347        

PURSUANT TO SECTION 3111.23 OF THE REVISED CODE.  THE AGENCY       8,349        

SHALL SEND THE ACKNOWLEDGMENT NO LATER THAN TEN DAYS AFTER IT HAS  8,350        

BEEN SIGNED AND NOTARIZED.  IF THE AGENCY KNOWS A MAN IS PRESUMED  8,351        

UNDER SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE  8,353        

CHILD AND THE PRESUMED FATHER IS NOT THE MAN WHO SIGNED AN                      

ACKNOWLEDGMENT WITH RESPECT TO THE CHILD, THE AGENCY SHALL NOT     8,354        

NOTARIZE OR SEND THE ACKNOWLEDGMENT WITH RESPECT TO THE CHILD      8,356        

PURSUANT TO THIS SECTION.                                          8,357        

      Sec. 3111.23.  THE NATURAL MOTHER, THE MAN ACKNOWLEDGING HE  8,359        

IS THE NATURAL FATHER, OR THE OTHER CUSTODIAN OR GUARDIAN OF A     8,361        

CHILD, A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT TO SECTION      8,362        

3111.22 OF THE REVISED CODE, A LOCAL REGISTRAR OF VITAL            8,365        

STATISTICS PURSUANT TO SECTION 3705.091 OF THE REVISED CODE, OR A  8,366        

HOSPITAL STAFF PERSON PURSUANT TO SECTION 3727.17 OF THE REVISED   8,369        

                                                          195    


                                                                 
CODE, IN PERSON OR BY MAIL, MAY FILE AN ACKNOWLEDGMENT OF          8,371        

PATERNITY WITH THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF                 

HUMAN SERVICES, ACKNOWLEDGING THAT THE CHILD IS THE CHILD OF THE   8,372        

MAN WHO SIGNED THE ACKNOWLEDGMENT.  THE ACKNOWLEDGMENT OF          8,373        

PATERNITY SHALL BE MADE ON THE AFFIDAVIT PREPARED PURSUANT TO      8,375        

SECTION 3111.31 OF THE REVISED CODE, SHALL BE SIGNED BY THE        8,378        

NATURAL MOTHER AND THE MAN ACKNOWLEDGING THAT HE IS THE NATURAL                 

FATHER, AND EACH SIGNATURE SHALL BE NOTARIZED.  THE MOTHER AND     8,382        

MAN MAY SIGN AND HAVE THE SIGNATURE NOTARIZED OUTSIDE OF EACH      8,383        

OTHER'S PRESENCE.  AN ACKNOWLEDGMENT SHALL BE SENT TO THE OFFICE   8,385        

NO LATER THAN TEN DAYS AFTER IT HAS BEEN SIGNED AND NOTARIZED.     8,386        

IF A PERSON KNOWS A MAN IS PRESUMED UNDER SECTION 3111.03 OF THE   8,387        

REVISED CODE TO BE THE FATHER OF THE CHILD DESCRIBED IN THIS       8,388        

SECTION AND THAT THE PRESUMED FATHER IS NOT THE MAN WHO SIGNED AN  8,389        

ACKNOWLEDGMENT WITH RESPECT TO THE CHILD, THE PERSON SHALL NOT     8,390        

NOTARIZE OR FILE THE ACKNOWLEDGMENT PURSUANT TO THIS SECTION.      8,392        

      Sec. 3111.24.  (A)  ON THE FILING OF AN ACKNOWLEDGMENT, THE  8,395        

OFFICE OF CHILD SUPPORT SHALL EXAMINE THE ACKNOWLEDGMENT TO        8,396        

DETERMINE WHETHER IT IS COMPLETED CORRECTLY.  THE OFFICE SHALL     8,398        

MAKE THE EXAMINATION NO LATER THAN FIVE DAYS AFTER THE             8,399        

ACKNOWLEDGMENT IS FILED.  IF THE ACKNOWLEDGMENT IS COMPLETED       8,400        

CORRECTLY, THE OFFICE SHALL COMPLY WITH DIVISION (B) OF THIS       8,401        

SECTION.  IF THE ACKNOWLEDGMENT IS NOT COMPLETED CORRECTLY, THE    8,402        

OFFICE SHALL RETURN IT TO THE PERSON OR ENTITY THAT FILED IT.      8,403        

THE PERSON OR ENTITY SHALL HAVE TEN DAYS FROM THE DATE THE OFFICE  8,404        

SENDS THE ACKNOWLEDGMENT BACK TO CORRECT IT AND RETURN IT TO THE   8,405        

OFFICE.  THE OFFICE SHALL SEND, ALONG WITH THE ACKNOWLEDGMENT, A   8,406        

NOTICE STATING WHAT NEEDS TO BE CORRECTED AND THE AMOUNT OF TIME   8,407        

THE PERSON OR ENTITY HAS TO MAKE THE CORRECTIONS AND RETURN THE    8,408        

ACKNOWLEDGMENT TO THE OFFICE.                                      8,409        

      IF THE PERSON OR ENTITY RETURNS THE ACKNOWLEDGMENT IN A      8,411        

TIMELY MANNER, THE OFFICE SHALL EXAMINE THE ACKNOWLEDGMENT AGAIN   8,412        

TO DETERMINE WHETHER IT HAS BEEN CORRECTLY COMPLETED.  IF THE      8,413        

ACKNOWLEDGMENT HAS BEEN CORRECTLY COMPLETED, THE OFFICE SHALL      8,414        

                                                          196    


                                                                 
COMPLY WITH DIVISION (B) OF THIS SECTION.  IF THE ACKNOWLEDGMENT   8,416        

HAS NOT BEEN CORRECTLY COMPLETED THE SECOND TIME OR IF THE         8,417        

ACKNOWLEDGMENT IS NOT RETURNED TO THE OFFICE IN A TIMELY MANNER,   8,418        

THE ACKNOWLEDGMENT IS INVALID AND THE OFFICE SHALL RETURN IT TO    8,419        

THE PERSON OR ENTITY AND SHALL NOT ENTER IT INTO THE BIRTH         8,420        

REGISTRY.  IF THE OFFICE RETURNS AN ACKNOWLEDGMENT THE SECOND      8,421        

TIME, IT SHALL SEND A NOTICE TO THE PERSON OR ENTITY STATING THE   8,422        

ERRORS IN THE ACKNOWLEDGMENT AND THAT THE ACKNOWLEDGMENT IS        8,423        

INVALID.                                                                        

      (B)  IF THE OFFICE DETERMINES AN ACKNOWLEDGMENT IS           8,425        

CORRECTLY COMPLETED, THE OFFICE SHALL ENTER THE INFORMATION ON     8,427        

THE ACKNOWLEDGMENT INTO THE BIRTH REGISTRY PURSUANT TO SECTIONS    8,429        

3111.64 AND 3111.65 OF THE REVISED CODE.  AFTER ENTERING THE       8,430        

INFORMATION IN THE REGISTRY, THE OFFICE SHALL SEND THE             8,431        

ACKNOWLEDGMENT TO THE DEPARTMENT OF HEALTH FOR STORAGE PURSUANT    8,432        

TO SECTION 3705.091 OF THE REVISED CODE.  THE OFFICE MAY REQUEST   8,434        

THAT THE DEPARTMENT OF HEALTH SEND BACK TO THE OFFICE ANY          8,435        

ACKNOWLEDGMENT THAT IS BEING STORED BY THE DEPARTMENT OF HEALTH    8,436        

PURSUANT TO THAT SECTION.                                          8,437        

      Sec. 3111.25.  AN ACKNOWLEDGMENT OF PATERNITY IS FINAL AND   8,439        

ENFORCEABLE WITHOUT RATIFICATION BY A COURT WHEN THE               8,442        

ACKNOWLEDGMENT HAS BEEN FILED WITH THE OFFICE OF CHILD SUPPORT,    8,443        

THE INFORMATION ON THE ACKNOWLEDGMENT HAS BEEN ENTERED IN THE      8,444        

BIRTH REGISTRY, AND THE ACKNOWLEDGMENT HAS NOT BEEN RESCINDED AND  8,446        

IS NOT SUBJECT TO POSSIBLE RECISSION PURSUANT TO SECTION 3111.27   8,448        

OF THE REVISED CODE.                                                            

      Sec. 3111.26.  AFTER AN ACKNOWLEDGMENT OF PATERNITY BECOMES  8,450        

FINAL AND ENFORCEABLE, THE CHILD IS THE CHILD OF THE MAN WHO       8,452        

SIGNED THE ACKNOWLEDGMENT OF PATERNITY, AS THOUGH BORN TO HIM IN   8,453        

LAWFUL WEDLOCK.  IF THE MOTHER IS UNMARRIED, THE MAN WHO SIGNED    8,456        

THE ACKNOWLEDGMENT OF PATERNITY MAY FILE A COMPLAINT REQUESTING    8,457        

THE GRANTING OF REASONABLE PARENTING TIME WITH THE CHILD UNDER                  

SECTION 3109.12 OF THE REVISED CODE AND THE PARENTS OF THE MAN     8,458        

WHO SIGNED THE ACKNOWLEDGMENT OF PATERNITY, ANY RELATIVE OF THE    8,459        

                                                          197    


                                                                 
MAN WHO SIGNED THE ACKNOWLEDGMENT OF PATERNITY, THE PARENTS OF     8,460        

THE MOTHER, AND ANY RELATIVE OF THE MOTHER MAY FILE A COMPLAINT    8,461        

PURSUANT TO THAT SECTION REQUESTING THE GRANTING OF REASONABLE     8,464        

COMPANIONSHIP OR VISITATION RIGHTS WITH THE CHILD.  ONCE THE       8,466        

ACKNOWLEDGMENT BECOMES FINAL THE MAN WHO SIGNED THE                8,467        

ACKNOWLEDGMENT OF PATERNITY ASSUMES THE PARENTAL DUTY OF SUPPORT.  8,468        

      Sec. 3111.27.  (A)  EXCEPT AS PROVIDED IN SECTION 2151.232   8,470        

OR 3111.821 OF THE REVISED CODE, FOR AN ACKNOWLEDGMENT OF          8,471        

PATERNITY FILED WITH THE OFFICE OF CHILD SUPPORT TO BE RESCINDED   8,472        

BOTH OF THE FOLLOWING MUST OCCUR:                                               

      (1)  NOT LATER THAN SIXTY DAYS AFTER THE DATE OF THE LATEST  8,474        

SIGNATURE ON THE ACKNOWLEDGMENT, ONE OF THE PERSONS WHO SIGNED IT  8,475        

MUST DO BOTH OF THE FOLLOWING:                                     8,476        

      (a)  REQUEST A DETERMINATION UNDER SECTION 3111.38 OF THE    8,478        

REVISED CODE OF WHETHER THERE IS A PARENT AND CHILD RELATIONSHIP   8,479        

BETWEEN THE MAN WHO SIGNED THE ACKNOWLEDGMENT AND THE CHILD WHO    8,480        

IS THE SUBJECT OF IT;                                                           

      (b)  GIVE THE OFFICE WRITTEN NOTICE OF HAVING COMPLIED WITH  8,482        

DIVISION (A)(1)(a) OF THIS SECTION AND INCLUDE IN THE NOTICE THE   8,484        

NAME OF THE CHILD SUPPORT ENFORCEMENT AGENCY CONDUCTING GENETIC                 

TESTS TO DETERMINE WHETHER THERE IS A PARENT AND CHILD             8,485        

RELATIONSHIP;                                                                   

      (2)  AN ORDER MUST BE ISSUED UNDER SECTION 3111.46 OF THE    8,487        

REVISED CODE DETERMINING WHETHER THERE IS A PARENT AND CHILD       8,488        

RELATIONSHIP BETWEEN THE MAN AND THE CHILD.                                     

      (B)  NOT LATER THAN THE END OF THE BUSINESS DAY FOLLOWING    8,490        

THE BUSINESS DAY ON WHICH THE OFFICE RECEIVES A NOTICE UNDER       8,491        

DIVISION (A)(1)(b) OF THIS SECTION, IT SHALL CONTACT THE AGENCY    8,493        

INDICATED IN THE NOTICE TO VERIFY THAT THE PERSON SENDING IT HAS                

COMPLIED WITH DIVISION (A)(1) OF THIS SECTION.  IF THE OFFICE      8,494        

VERIFIES COMPLIANCE, AND THE NOTICE WAS SENT WITHIN THE TIME       8,495        

LIMIT REQUIRED BY THIS SECTION, THE OFFICE SHALL NOTE IN ITS       8,496        

RECORDS THE DATE THE NOTICE WAS RECEIVED AND THAT THE              8,497        

ACKNOWLEDGMENT TO WHICH THE NOTICE PERTAINS IS SUBJECT TO          8,498        

                                                          198    


                                                                 
RECISSION.  THE OFFICE SHALL DIRECT THE AGENCY TO NOTIFY THE                    

OFFICE OF THE AGENCY'S ISSUANCE OF AN ORDER DESCRIBED IN DIVISION  8,499        

(A)(2) OF THIS SECTION.  ON RECEIPT FROM AN AGENCY OF NOTICE THAT  8,500        

AN ORDER DESCRIBED IN DIVISION (A)(2) OF THIS SECTION HAS BEEN     8,501        

ISSUED, THE ACKNOWLEDGMENT TO WHICH THE ORDER PERTAINS SHALL BE    8,502        

RESCINDED AS OF THE DATE.                                                       

      IF THE OFFICE IS UNABLE TO VERIFY COMPLIANCE WITH DIVISION   8,504        

(A)(1) OF THIS SECTION, IT SHALL NOTE IN ITS RECORDS THE DATE THE  8,505        

NOTICE UNDER DIVISION (A)(1)(b) OF THIS SECTION WAS RECEIVED AND   8,506        

THAT COMPLIANCE WITH DIVISION (A)(1) OF THIS SECTION WAS NOT       8,507        

VERIFIED.                                                          8,508        

      Sec. 3111.28.  AFTER AN ACKNOWLEDGMENT BECOMES FINAL         8,510        

PURSUANT TO SECTION 2151.232, 3111.25, OR 3111.821 OF THE REVISED  8,512        

CODE, A MAN PRESUMED TO BE THE FATHER OF THE CHILD PURSUANT TO     8,515        

SECTION 3111.03 OF THE REVISED CODE WHO DID NOT SIGN THE                        

ACKNOWLEDGMENT, EITHER PERSON WHO SIGNED THE ACKNOWLEDGMENT, OR A  8,517        

GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD MAY BRING AN ACTION TO    8,518        

RESCIND THE ACKNOWLEDGMENT ON THE BASIS OF FRAUD, DURESS, OR       8,519        

MATERIAL MISTAKE OF FACT.  THE COURT SHALL TREAT THE ACTION AS AN  8,521        

ACTION TO DETERMINE THE EXISTENCE OR NONEXISTENCE OF A PARENT AND  8,522        

CHILD RELATIONSHIP PURSUANT TO SECTIONS 3111.01 TO 3111.18 OF THE  8,523        

REVISED CODE.  AN ACTION PURSUANT TO THIS SECTION SHALL BE         8,524        

BROUGHT NO LATER THAN ONE YEAR AFTER THE ACKNOWLEDGMENT BECOMES    8,526        

FINAL.  THE ACTION MAY BE BROUGHT IN ONE OF THE FOLLOWING COURTS   8,527        

IN THE COUNTY IN WHICH THE CHILD, THE GUARDIAN OR CUSTODIAN OF     8,528        

THE CHILD, OR EITHER PERSON WHO SIGNED THE ACKNOWLEDGMENT          8,529        

RESIDES:  THE JUVENILE COURT OR THE DOMESTIC RELATIONS DIVISION    8,531        

OF THE COURT OF COMMON PLEAS THAT HAS JURISDICTION PURSUANT TO     8,532        

SECTION 2301.03 OF THE REVISED CODE TO HEAR AND DETERMINE CASES    8,533        

ARISING UNDER CHAPTER 3111. OF THE REVISED CODE.                   8,534        

      Sec. 3111.29.  ONCE AN ACKNOWLEDGMENT OF PATERNITY BECOMES   8,536        

FINAL UNDER SECTION 3111.25 OF THE REVISED CODE, THE MOTHER OR     8,537        

OTHER CUSTODIAN OR GUARDIAN OF THE CHILD MAY FILE A COMPLAINT      8,538        

PURSUANT TO SECTION 2151.231 OF THE REVISED CODE IN THE COURT OF   8,539        

                                                          199    


                                                                 
COMMON PLEAS OF THE COUNTY IN WHICH THE CHILD OR THE GUARDIAN OR   8,540        

LEGAL CUSTODIAN OF THE CHILD RESIDES REQUESTING THAT THE COURT     8,541        

ORDER THE FATHER TO PAY AN AMOUNT FOR THE SUPPORT OF THE CHILD,    8,542        

MAY CONTACT THE CHILD SUPPORT ENFORCEMENT AGENCY FOR ASSISTANCE    8,543        

IN OBTAINING THE ORDER, OR MAY REQUEST THAT AN ADMINISTRATIVE      8,544        

OFFICER OF A CHILD SUPPORT ENFORCEMENT AGENCY ISSUE AN             8,545        

ADMINISTRATIVE ORDER FOR THE PAYMENT OF CHILD SUPPORT PURSUANT TO  8,546        

SECTION 3111.81 OF THE REVISED CODE.                                            

      Sec. 3111.30.  ONCE AN ACKNOWLEDGMENT OF PATERNITY BECOMES   8,548        

FINAL, THE OFFICE OF CHILD SUPPORT SHALL NOTIFY THE DEPARTMENT OF  8,549        

HEALTH OF THE ACKNOWLEDGMENT.  IF THE ORIGINAL BIRTH RECORD IS     8,550        

INCONSISTENT WITH THE ACKNOWLEDGMENT, ON RECEIPT OF THE NOTICE,    8,551        

THE DEPARTMENT OF HEALTH SHALL, IN ACCORDANCE WITH SECTION         8,553        

3705.09 OF THE REVISED CODE, PREPARE A NEW BIRTH RECORD            8,554        

CONSISTENT WITH THE ACKNOWLEDGMENT AND SUBSTITUTE THE NEW RECORD   8,556        

FOR THE ORIGINAL BIRTH RECORD.                                                  

      Sec. 3111.31.  THE DEPARTMENT OF HUMAN SERVICES SHALL        8,558        

PREPARE AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT THAT INCLUDES IN  8,559        

BOLDFACE TYPE AT THE TOP OF THE AFFIDAVIT THE RIGHTS AND           8,561        

RESPONSIBILITIES OF AND THE DUE PROCESS SAFEGUARDS AFFORDED TO A   8,562        

PERSON WHO ACKNOWLEDGES THAT HE IS THE NATURAL FATHER OF A CHILD,  8,564        

INCLUDING THAT IF AN ALLEGED FATHER ACKNOWLEDGES A PARENT AND      8,565        

CHILD RELATIONSHIP HE ASSUMES THE PARENTAL DUTY OF SUPPORT, THAT   8,566        

BOTH SIGNATORS WAIVE ANY RIGHT TO BRING AN ACTION PURSUANT TO      8,567        

SECTIONS 3111.01 TO 3111.18 OF THE REVISED CODE OR MAKE A REQUEST               

PURSUANT TO SECTION 3111.38 OF THE REVISED CODE, OTHER THAN FOR    8,568        

PURPOSES OF RESCINDING THE ACKNOWLEDGMENT PURSUANT TO SECTION      8,570        

3111.27 OF THE REVISED CODE IN ORDER TO ENSURE EXPEDIENCY IN       8,572        

RESOLVING THE QUESTION OF THE EXISTENCE OF A PARENT AND CHILD      8,573        

RELATIONSHIP, THAT EITHER PARENT MAY RESCIND THE ACKNOWLEDGMENT    8,574        

PURSUANT TO SECTION 3111.27 OF THE REVISED CODE, AND THAT THE      8,575        

NATURAL FATHER HAS THE RIGHT TO PETITION A COURT PURSUANT TO       8,577        

SECTION 3109.12 OF THE REVISED CODE FOR AN ORDER GRANTING HIM      8,578        

REASONABLE PARENTING TIME WITH RESPECT TO THE CHILD AND TO         8,580        

                                                          200    


                                                                 
PETITION THE COURT FOR CUSTODY OF THE CHILD PURSUANT TO SECTION    8,581        

2151.23 OF THE REVISED CODE.  THE AFFIDAVIT SHALL INCLUDE ALL OF   8,582        

THE FOLLOWING:                                                     8,583        

      (A)  BASIC INSTRUCTIONS FOR COMPLETING THE FORM, INCLUDING   8,586        

INSTRUCTIONS THAT BOTH THE NATURAL FATHER AND THE MOTHER OF THE    8,587        

CHILD ARE REQUIRED TO SIGN THE STATEMENT, THAT THEY MAY SIGN THE   8,588        

STATEMENT WITHOUT BEING IN EACH OTHER'S PRESENCE, AND THAT THE     8,590        

SIGNATURES MUST BE NOTARIZED;                                      8,591        

      (B)  BLANK SPACES TO ENTER THE FULL NAME, SOCIAL SECURITY    8,594        

NUMBER, DATE OF BIRTH AND ADDRESS OF EACH PARENT;                  8,595        

      (C)  BLANK SPACES TO ENTER THE FULL NAME, DATE OF BIRTH,     8,598        

AND THE RESIDENCE OF THE CHILD;                                                 

      (D)  A BLANK SPACE TO ENTER THE NAME OF THE HOSPITAL OR      8,601        

DEPARTMENT OF HEALTH CODE NUMBER ASSIGNED TO THE HOSPITAL, FOR     8,602        

USE IN SITUATIONS IN WHICH THE HOSPITAL FILLS OUT THE FORM         8,603        

PURSUANT TO SECTION 3727.17 OF THE REVISED CODE;                                

      (E)  AN AFFIRMATION BY THE MOTHER THAT THE INFORMATION SHE   8,606        

SUPPLIED IS TRUE TO THE BEST OF HER KNOWLEDGE AND BELIEF AND THAT  8,607        

SHE IS THE NATURAL MOTHER OF THE CHILD NAMED ON THE FORM AND       8,608        

ASSUMES THE PARENTAL DUTY OF SUPPORT OF THE CHILD;                 8,609        

      (F)  AN AFFIRMATION BY THE FATHER THAT THE INFORMATION HE    8,612        

SUPPLIED IS TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT HE  8,613        

HAS RECEIVED INFORMATION REGARDING HIS LEGAL RIGHTS AND            8,614        

RESPONSIBILITIES, THAT HE CONSENTS TO THE JURISDICTION OF THE      8,615        

COURTS OF THIS STATE, AND THAT HE IS THE NATURAL FATHER OF THE     8,616        

CHILD NAMED ON THE FORM AND ASSUMES THE PARENTAL DUTY OF SUPPORT   8,617        

OF THE CHILD;                                                                   

      (G)  SIGNATURE LINES FOR THE MOTHER OF THE CHILD AND THE     8,620        

NATURAL FATHER;                                                    8,621        

      (H)  SIGNATURE LINES FOR THE NOTARY PUBLIC;                  8,623        

      (I)  AN INSTRUCTION TO INCLUDE OR ATTACH ANY OTHER EVIDENCE  8,626        

NECESSARY TO COMPLETE THE NEW BIRTH RECORD THAT IS REQUIRED BY     8,627        

THE DEPARTMENT BY RULE.                                                         

      Sec. 3111.32.  THE DEPARTMENT OF HUMAN SERVICES SHALL        8,629        

                                                          201    


                                                                 
PREPARE PAMPHLETS THAT DISCUSS THE BENEFIT OF ESTABLISHING A       8,630        

PARENT AND CHILD RELATIONSHIP, THE PROPER PROCEDURE FOR            8,631        

ESTABLISHING A PARENT AND CHILD RELATIONSHIP BETWEEN A FATHER AND  8,632        

HIS CHILD, AND A TOLL-FREE TELEPHONE NUMBER THAT INTERESTED        8,633        

PERSONS MAY CALL FOR MORE INFORMATION REGARDING THE PROCEDURES     8,634        

FOR ESTABLISHING A PARENT AND CHILD RELATIONSHIP.                  8,635        

      Sec. 3111.33.  THE DEPARTMENT SHALL MAKE AVAILABLE THE       8,638        

PAMPHLETS AND THE ACKNOWLEDGMENT OF PATERNITY AFFIDAVITS AND                    

STATEMENTS TO THE DEPARTMENT OF HEALTH, TO EACH HOSPITAL IT HAS A  8,641        

CONTRACT WITH PURSUANT TO SECTION 3727.17 OF THE REVISED CODE,     8,642        

AND TO ANY INDIVIDUAL WHO REQUESTS A PAMPHLET.  THE DEPARTMENT OF  8,643        

HUMAN SERVICES SHALL MAKE AVAILABLE THE AFFIDAVIT ACKNOWLEDGING    8,644        

PATERNITY TO EACH COUNTY CHILD SUPPORT ENFORCEMENT AGENCY, THE     8,646        

DEPARTMENT OF HEALTH, AND ANY OTHER PERSON OR AGENCY THAT                       

REQUESTS COPIES.                                                   8,647        

      Sec. 3111.34.  THE DEPARTMENT OF HUMAN SERVICES, IN          8,650        

CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL ADOPT RULES      8,651        

SPECIFYING ADDITIONAL EVIDENCE NECESSARY TO COMPLETE A NEW BIRTH   8,652        

RECORD THAT IS REQUIRED TO BE INCLUDED WITH AN ACKNOWLEDGMENT OF   8,653        

PATERNITY AFFIDAVIT.                                                            

      Sec. 3111.35.  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT  8,655        

RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT    8,656        

SECTIONS 3111.20 TO 3111.34 OF THE REVISED CODE THAT ARE           8,657        

CONSISTENT WITH TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT.  8,658        

2351, 42 U.S.C. 651 ET SEQ., AS AMENDED.                           8,659        

      Sec. 3111.38.  AT THE REQUEST OF A PERSON DESCRIBED IN       8,661        

DIVISION (A) OF SECTION 3111.04 OF THE REVISED CODE THE CHILD      8,662        

SUPPORT ENFORCEMENT AGENCY OF THE COUNTY IN WHICH A CHILD RESIDES  8,663        

OR IN WHICH THE PARENT, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD  8,664        

RESIDES SHALL DETERMINE THE EXISTENCE OR NONEXISTENCE OF A PARENT  8,665        

AND CHILD RELATIONSHIP BETWEEN AN ALLEGED FATHER AND THE CHILD.                 

      Sec. 3111.381.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF   8,668        

THIS SECTION, NO PERSON MAY BRING AN ACTION UNDER SECTIONS                      

3111.01 TO 3111.18 OF THE REVISED CODE UNLESS THE PERSON HAS       8,669        

                                                          202    


                                                                 
REQUESTED AN ADMINISTRATIVE DETERMINATION UNDER SECTION 3111.38    8,670        

OF THE REVISED CODE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT                

AND CHILD RELATIONSHIP.                                            8,671        

      (B)  IF THE ALLEGED FATHER OF A CHILD IS DECEASED AND        8,673        

PROCEEDINGS FOR THE PROBATE OF THE ESTATE OF THE ALLEGED FATHER    8,674        

HAVE BEEN OR CAN BE COMMENCED, THE COURT WITH JURISDICTION OVER    8,675        

THE PROBATE PROCEEDINGS SHALL RETAIN JURISDICTION TO DETERMINE     8,676        

THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP   8,677        

BETWEEN THE ALLEGED FATHER AND ANY CHILD WITHOUT AN                8,678        

ADMINISTRATIVE DETERMINATION BEING REQUESTED FROM A CHILD SUPPORT  8,679        

ENFORCEMENT AGENCY.                                                8,680        

      IF AN ACTION FOR DIVORCE, DISSOLUTION OF MARRIAGE, OR LEGAL  8,683        

SEPARATION, OR AN ACTION UNDER SECTION 2151.231 OR 2151.232 OF     8,684        

THE REVISED CODE REQUESTING AN ORDER REQUIRING THE PAYMENT OF      8,685        

CHILD SUPPORT AND PROVISION FOR THE HEALTH CARE OF A CHILD, HAS    8,686        

BEEN FILED IN A COURT OF COMMON PLEAS AND A QUESTION AS TO THE     8,687        

EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP       8,688        

ARISES, THE COURT IN WHICH THE ORIGINAL ACTION WAS FILED SHALL     8,689        

RETAIN JURISDICTION TO DETERMINE THE EXISTENCE OR NONEXISTENCE OF  8,690        

THE PARENT AND CHILD RELATIONSHIP WITHOUT AN ADMINISTRATIVE        8,691        

DETERMINATION BEING REQUESTED FROM A CHILD SUPPORT ENFORCEMENT     8,692        

AGENCY.                                                                         

      IF A JUVENILE COURT ISSUES A SUPPORT ORDER UNDER SECTION     8,695        

2151.231 OR 2151.232 OF THE REVISED CODE RELYING ON A PRESUMPTION  8,696        

UNDER SECTION 3111.03 OF THE REVISED CODE, THE JUVENILE COURT      8,698        

THAT ISSUED THE SUPPORT ORDER SHALL RETAIN JURISDICTION IF A       8,699        

QUESTION AS TO THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP    8,700        

ARISES.                                                                         

      Sec. 3111.39.  IF MORE THAN ONE CHILD SUPPORT ENFORCEMENT    8,702        

AGENCY RECEIVES A REQUEST TO DETERMINE THE EXISTENCE OR            8,703        

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP CONCERNING THE     8,704        

SAME CHILD AND EACH AGENCY IS AN APPROPRIATE AGENCY FOR THE        8,705        

FILING OF THE REQUEST AS PROVIDED IN SECTION 3111.38 OF THE        8,706        

REVISED CODE, THE AGENCY THAT RECEIVES THE REQUEST FIRST SHALL     8,707        

                                                          203    


                                                                 
ACT ON THE REQUEST.  IF AN AGENCY THAT RECEIVES A REQUEST IS NOT   8,709        

THE APPROPRIATE AGENCY FOR THE FILING OF THE REQUEST, THE AGENCY   8,710        

SHALL FORWARD THE REQUEST TO THE AGENCY OF THE COUNTY IN WHICH     8,711        

THE CHILD OR THE PARENT, GUARDIAN, OR LEGAL CUSTODIAN OF THE       8,712        

CHILD RESIDES, AND THE LATTER AGENCY SHALL PROCEED WITH THE        8,713        

REQUEST.                                                                        

      Sec. 3111.40.  A REQUEST FOR AN ADMINISTRATIVE               8,715        

DETERMINATION OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND     8,716        

CHILD RELATIONSHIP SHALL CONTAIN ALL OF THE FOLLOWING:             8,717        

      (A)  THE NAME, BIRTHDATE, AND CURRENT ADDRESS OF THE         8,719        

ALLEGED FATHER OF THE CHILD;                                       8,720        

      (B)  THE NAME, SOCIAL SECURITY NUMBER, AND CURRENT ADDRESS   8,722        

OF THE MOTHER OF THE CHILD;                                        8,723        

      (C)  THE NAME AND LAST KNOWN ADDRESS OF THE ALLEGED FATHER   8,725        

OF THE CHILD;                                                      8,726        

      (D)  THE NAME AND BIRTHDATE OF THE CHILD.                    8,728        

      Sec. 3111.41.  ON RECEIVING A REQUEST FOR A DETERMINATION    8,730        

OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD             8,731        

RELATIONSHIP, A CHILD SUPPORT ENFORCEMENT AGENCY SHALL ASSIGN AN   8,732        

ADMINISTRATIVE OFFICER TO CONSIDER THE REQUEST.  THE OFFICER       8,733        

SHALL ISSUE AN ORDER REQUIRING THE CHILD, MOTHER, AND ALLEGED      8,734        

FATHER TO SUBMIT TO GENETIC TESTING.  THE ORDER SHALL SPECIFY THE  8,735        

DATE OF THE GENETIC TESTS FOR THE MOTHER, ALLEGED FATHER, AND      8,736        

CHILD WHICH SHALL BE NO LATER THAN FORTY-FIVE DAYS AFTER THE DATE  8,737        

OF ASSIGNMENT OF THE ADMINISTRATIVE OFFICER.  THE TESTS SHALL BE   8,738        

CONDUCTED IN ACCORDANCE WITH THE RULES ADOPTED BY THE DEPARTMENT   8,739        

OF HUMAN SERVICES UNDER SECTION 3111.611 OF THE REVISED CODE.      8,740        

      Sec. 3111.42.  A CHILD SUPPORT ENFORCEMENT AGENCY SHALL      8,742        

ATTACH A NOTICE TO EACH ORDER FOR GENETIC TESTING AND SEND BOTH    8,743        

TO THE MOTHER AND THE ALLEGED FATHER.  THE NOTICE SHALL STATE ALL  8,744        

OF THE FOLLOWING:                                                               

      (A)  THAT THE AGENCY HAS BEEN ASKED TO DETERMINE THE         8,746        

EXISTENCE OF A PARENT AND CHILD RELATIONSHIP BETWEEN A CHILD AND   8,747        

THE ALLEGED NAMED FATHER;                                          8,748        

                                                          204    


                                                                 
      (B)  THE NAME AND BIRTHDATE OF THE CHILD OF WHICH THE MAN    8,750        

IS ALLEGED TO BE THE NATURAL FATHER;                               8,751        

      (C)  THE NAME OF THE MOTHER AND THE ALLEGED NATURAL FATHER;  8,753        

      (D)  THE RIGHTS AND RESPONSIBILITIES OF A PARENT;            8,755        

      (E)  THAT THE CHILD, THE MOTHER, AND THE ALLEGED FATHER      8,758        

MUST SUBMIT TO GENETIC TESTING AT THE DATE, TIME, AND PLACE        8,759        

DETERMINED BY THE AGENCY IN THE ORDER ISSUED PURSUANT TO SECTION   8,761        

3111.41 OF THE REVISED CODE;                                                    

      (F)  THE ADMINISTRATIVE PROCEDURE FOR DETERMINING THE        8,764        

EXISTENCE OF A PARENT AND CHILD RELATIONSHIP;                      8,765        

      (G)  THAT IF THE ALLEGED FATHER OR NATURAL MOTHER WILLFULLY  8,767        

FAILS TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER,         8,768        

NATURAL MOTHER, OR THE CUSTODIAN OF THE CHILD WILLFULLY FAILS TO   8,769        

SUBMIT THE CHILD TO GENETIC TESTING, THE AGENCY WILL ISSUE AN      8,770        

ORDER THAT IT IS INCONCLUSIVE WHETHER THE ALLEGED FATHER IS THE    8,771        

CHILD'S NATURAL FATHER;                                            8,772        

      (H)  THAT IF THE ALLEGED FATHER OR NATURAL MOTHER WILLFULLY  8,775        

FAILS TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER,         8,776        

NATURAL MOTHER, OR CUSTODIAN OF THE CHILD WILLFULLY FAILS TO       8,777        

SUBMIT THE CHILD TO GENETIC TESTING, THEY MAY BE FOUND IN          8,778        

CONTEMPT OF COURT.                                                              

      Sec. 3111.421.  THE NOTICE AND ORDER DESCRIBED IN SECTION    8,780        

3111.42 OF THE REVISED CODE SHALL BE SENT IN ACCORDANCE WITH THE   8,782        

PROVISIONS OF THE RULES OF CIVIL PROCEDURE THAT GOVERN SERVICE OF  8,784        

PROCESS, EXCEPT TO THE EXTENT THAT THE PROVISIONS OF THE CIVIL     8,785        

RULES BY THEIR NATURE ARE CLEARLY INAPPLICABLE AND EXCEPT THAT     8,786        

REFERENCES IN THE PROVISIONS OF THE CIVIL RULES TO THE COURT OR    8,788        

TO THE CLERK OF THE COURT SHALL BE CONSTRUED AS BEING REFERENCES   8,789        

TO THE CHILD SUPPORT ENFORCEMENT AGENCY OR THE ADMINISTRATIVE      8,790        

OFFICER.                                                                        

      Sec. 3111.43.  IF A CHILD SUPPORT ENFORCEMENT AGENCY IS      8,792        

ASKED TO DETERMINE THE EXISTENCE OR NONEXISTENCE OF A PARENT AND   8,793        

CHILD RELATIONSHIP, THE ADMINISTRATIVE OFFICER SHALL PROVIDE       8,794        

NOTICE OF THE REQUEST PURSUANT TO THE RULES OF CIVIL PROCEDURE TO  8,795        

                                                          205    


                                                                 
THE NATURAL MOTHER OF THE CHILD WHO IS THE SUBJECT OF THE          8,796        

REQUEST, EACH MAN PRESUMED UNDER SECTION 3111.03 OF THE REVISED    8,797        

CODE TO BE THE FATHER OF THE CHILD, AND EACH MAN ALLEGED TO BE                  

THE NATURAL FATHER.  IF THE AGENCY IS UNABLE TO OBTAIN SERVICE OF  8,798        

PROCESS ON THE PRESUMED FATHER, ALLEGED FATHER, OR NATURAL MOTHER  8,799        

WITHIN THE TIME PRESCRIBED BY SECTION 3111.41 OF THE REVISED       8,800        

CODE, THE AGENCY SHALL PROCEED WITH GENETIC TESTING OF ALL OF      8,801        

THOSE PERSONS WHO ARE PRESENT ON THE DATE SCHEDULED FOR THE                     

TESTING.                                                                        

      Sec. 3111.44.  AFTER ISSUING A GENETIC TESTING ORDER, THE    8,803        

ADMINISTRATIVE OFFICER MAY SCHEDULE A CONFERENCE WITH THE MOTHER   8,805        

AND THE ALLEGED FATHER TO PROVIDE INFORMATION.  IF A CONFERENCE    8,806        

IS SCHEDULED AND NO OTHER MAN IS PRESUMED TO BE THE FATHER OF THE  8,807        

CHILD UNDER SECTION 3111.03 OF THE REVISED CODE, THE                            

ADMINISTRATIVE OFFICER SHALL PROVIDE THE MOTHER AND ALLEGED        8,808        

FATHER THE OPPORTUNITY TO SIGN AN ACKNOWLEDGMENT OF PATERNITY      8,809        

AFFIDAVIT PREPARED PURSUANT TO SECTION 3111.31 OF THE REVISED      8,812        

CODE.  IF THEY SIGN AN ACKNOWLEDGMENT OF PATERNITY, THE                         

ADMINISTRATIVE OFFICER SHALL CANCEL THE GENETIC TESTING ORDER THE  8,813        

OFFICER HAD ISSUED.  REGARDLESS OF WHETHER A CONFERENCE IS HELD,   8,814        

IF THE MOTHER AND ALLEGED FATHER DO NOT SIGN AN ACKNOWLEDGMENT OF  8,817        

PATERNITY AFFIDAVIT OR IF AN AFFIDAVIT CANNOT BE NOTARIZED OR      8,818        

FILED BECAUSE ANOTHER MAN IS PRESUMED UNDER SECTION 3111.03 OF     8,819        

THE REVISED CODE TO BE THE FATHER OF THE CHILD, THE CHILD, THE     8,822        

MOTHER, AND THE ALLEGED FATHER SHALL SUBMIT TO GENETIC TESTING IN  8,823        

ACCORDANCE WITH THE ORDER ISSUED BY THE ADMINISTRATIVE OFFICER.    8,824        

      Sec. 3111.45.  THE GENETIC TESTING REQUIRED UNDER AN         8,826        

ADMINISTRATIVE GENETIC TESTING ORDER SHALL BE CONDUCTED BY A       8,828        

QUALIFIED EXAMINER AUTHORIZED BY THE DEPARTMENT OF HUMAN           8,829        

SERVICES.  ON COMPLETION OF THE GENETIC TESTS, THE EXAMINER SHALL  8,830        

SEND A COMPLETE REPORT OF THE TEST RESULTS TO THE AGENCY.          8,831        

      Sec. 3111.46.  ON RECEIPT OF THE GENETIC TEST RESULTS, THE   8,833        

ADMINISTRATIVE OFFICER SHALL DO ONE OF THE FOLLOWING:              8,834        

      (A)  IF THE RESULTS OF THE GENETIC TESTING SHOW A            8,836        

                                                          206    


                                                                 
NINETY-NINE PER CENT OR GREATER PROBABILITY THAT THE ALLEGED       8,838        

FATHER IS THE NATURAL FATHER OF THE CHILD, THE ADMINISTRATIVE      8,839        

OFFICER OF THE AGENCY SHALL ISSUE AN ADMINISTRATIVE ORDER THAT     8,840        

THE ALLEGED FATHER IS THE FATHER OF THE CHILD WHO IS THE SUBJECT   8,841        

OF THE PROCEEDING.                                                 8,842        

      (B)  IF THE RESULTS OF GENETIC TESTING SHOW LESS THAN A      8,844        

NINETY-NINE PER CENT PROBABILITY THAT THE ALLEGED FATHER IS THE    8,846        

NATURAL FATHER OF THE CHILD, THE ADMINISTRATIVE OFFICER SHALL      8,848        

ISSUE AN ADMINISTRATIVE ORDER THAT THE ALLEGED FATHER IS NOT THE   8,849        

FATHER OF THE CHILD WHO IS THE SUBJECT OF THE PROCEEDING.          8,850        

      Sec. 3111.47  IF THE ALLEGED NATURAL FATHER OR THE NATURAL   8,852        

MOTHER WILLFULLY FAILS TO SUBMIT TO GENETIC TESTING OR IF EITHER   8,853        

PARENT OR ANY OTHER PERSON WHO IS THE CUSTODIAN OF THE CHILD       8,854        

WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, THE        8,855        

AGENCY SHALL ENTER AN ADMINISTRATIVE ORDER STATING THAT IT IS      8,856        

INCONCLUSIVE AS TO WHETHER THE ALLEGED NATURAL FATHER IS THE       8,857        

NATURAL FATHER OF THE CHILD.                                       8,858        

      Sec. 3111.48.  AN ADMINISTRATIVE OFFICER SHALL INCLUDE IN    8,860        

AN ORDER ISSUED UNDER SECTION 3111.46 OF THE REVISED CODE A        8,861        

NOTICE THAT CONTAINS THE INFORMATION DESCRIBED IN SECTION 3111.49  8,862        

OF THE REVISED CODE INFORMING THE MOTHER, FATHER, AND THE                       

GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD OF THE RIGHT TO FILE A    8,863        

NOTICE OF APPEAL RELATIVE TO THE ORDER AND OF THE EFFECT OF        8,864        

FAILURE TO TIMELY FILE A NOTICE OF APPEAL.                                      

      AN AGENCY SHALL INCLUDE IN AN ADMINISTRATIVE ORDER ISSUED    8,866        

UNDER SECTION 3111.47 OF THE REVISED CODE A NOTICE THAT CONTAINS   8,867        

THE INFORMATION DESCRIBED IN SECTION 3111.50 OF THE REVISED CODE   8,868        

INFORMING THE PARTIES OF THEIR RIGHT TO BRING AN ACTION UNDER                   

SECTIONS 3111.01 TO 3111.18 OF THE REVISED CODE.                   8,869        

      Sec. 3111.49.  THE MOTHER, ALLEGED FATHER, AND GUARDIAN OR   8,871        

LEGAL CUSTODIAN OF A CHILD MAY OBJECT TO AN ADMINISTRATIVE ORDER   8,872        

DETERMINING THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD    8,873        

RELATIONSHIP BY FILING A NOTICE OF APPEAL.  THE NOTICE MUST BE     8,874        

FILED WITHIN THIRTY DAYS AFTER THE ISSUANCE OF THE ORDER IN THE    8,876        

                                                          207    


                                                                 
JUVENILE COURT OF THE COUNTY OF THE CHILD SUPPORT ENFORCEMENT      8,877        

AGENCY THAT EMPLOYS THE ADMINISTRATIVE OFFICER WHO ISSUED THE      8,878        

ORDER.  IF A NOTICE OF APPEAL IS FILED TIMELY, THE JUVENILE COURT  8,880        

SHALL PROCEED IN ACCORDANCE WITH CHAPTERS 2505. AND 2506. OF THE   8,881        

REVISED CODE.  THE COURT MAY TRANSFER THE APPEAL TO ANY COURT OR   8,883        

DIVISION OF A COURT WITH DOMESTIC RELATIONS JURISDICTION OVER THE               

PARTIES IF THE JUVENILE COURT FINDS THAT THE TRANSFER IS IN THE    8,884        

BEST INTEREST OF THE PARTIES AND THE RESPECTIVE COURTS.  IF A      8,886        

TIMELY NOTICE OF APPEAL IS NOT FILED, THE ADMINISTRATIVE ORDER IS  8,887        

FINAL AND ENFORCEABLE BY A COURT AND MAY NOT BE CHALLENGED IN AN   8,888        

ACTION OR PROCEEDING UNDER CHAPTER 3111. OF THE REVISED CODE.      8,890        

      Sec. 3111.50.  IF A CHILD SUPPORT ENFORCEMENT AGENCY ISSUES  8,893        

AN ADMINISTRATIVE ORDER STATING THAT IT IS INCONCLUSIVE AS TO      8,894        

WHETHER THE ALLEGED NATURAL FATHER IS THE NATURAL FATHER OF THE    8,895        

CHILD, ANY OF THE PARTIES MAY BRING AN ACTION UNDER SECTIONS       8,896        

3111.01 TO 3111.18 OF THE REVISED CODE TO ESTABLISH A PARENT AND   8,898        

CHILD RELATIONSHIP.                                                             

      Sec. 3111.51.  UNLESS THE CHILD SUPPORT ENFORCEMENT AGENCY   8,900        

HAS REASON TO BELIEVE THAT A PERSON NAMED IN THE ORDER IS A        8,902        

POTENTIAL VICTIM OF DOMESTIC VIOLENCE, ANY ADMINISTRATIVE ORDER    8,903        

FINDING THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP SHALL     8,905        

CONTAIN THE FULL NAMES, ADDRESSES, AND SOCIAL SECURITY NUMBERS OF  8,906        

THE MOTHER AND FATHER OF THE CHILD WHO IS THE SUBJECT OF THE       8,907        

ORDER AND THE FULL NAME AND ADDRESS OF THE CHILD.                  8,908        

      Sec. 3111.52.  THE AGENCY, AS PART OF AN ADMINISTRATIVE      8,911        

ORDER DETERMINING THE EXISTENCE OF A PARENT AND CHILD                           

RELATIONSHIP, MAY ORDER THE SURNAME OF THE CHILD SUBJECT TO THE    8,913        

DETERMINATION TO BE CHANGED AND ORDER THE CHANGE TO BE MADE ON     8,914        

THE CHILD'S BIRTH RECORD CONSISTENT WITH THE ORDER IF THE PARTIES  8,916        

AGREE TO THE CHANGE.                                                            

      Sec. 2301.358 3111.53.  (A)  A child support enforcement     8,925        

agency, in accordance with the rules adopted by the department of  8,927        

human services pursuant to division (B) of this section, shall     8,928        

employ an administrative officer, contract with another entity to  8,929        

                                                          208    


                                                                 
provide an administrative officer, or contract with an individual  8,930        

to serve as an administrative officer to issue, in accordance      8,931        

with sections 3111.22 to 3111.29 and 3113.215 of the Revised       8,934        

Code, administrative orders determining the existence or           8,935        

nonexistence of a parent and child relationship and, requiring     8,936        

the payment of child support, or in accordance with sections       8,938        

3111.20, 3111.23 to 3111.29, and 3113.215 of the Revised Code,     8,939        

administrative orders requiring the payment of child support       8,941        

BOTH.                                                                           

      (B)  The department of human services shall adopt rules in   8,943        

accordance with Chapter 119. of the Revised Code regulating        8,944        

administrative officers who issue administrative orders described  8,946        

in division (A) of this section, including, but not limited to     8,948        

THE FOLLOWING:                                                                  

      (1)  The qualifications of the administrative officer;       8,950        

      (2)  Any other procedures, requirements, or standards        8,952        

necessary for the employment of the administrative officer.        8,953        

      Sec. 3111.54.  IF AN ALLEGED FATHER OR NATURAL MOTHER        8,956        

WILLFULLY FAILS TO SUBMIT TO GENETIC TESTING, OR IF THE ALLEGED    8,957        

FATHER, NATURAL MOTHER, OR ANY OTHER PERSON WHO IS THE CUSTODIAN   8,958        

OF THE CHILD WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC        8,959        

TESTING, AS REQUIRED BY AN ORDER FOR GENETIC TESTING ISSUED UNDER  8,960        

SECTION 3111.41 OF THE REVISED CODE, THE CHILD SUPPORT                          

ENFORCEMENT AGENCY THAT ISSUED THE ORDER MAY REQUEST THAT THE      8,961        

JUVENILE COURT OF THE COUNTY IN WHICH THE AGENCY IS LOCATED FIND   8,962        

THE ALLEGED FATHER, NATURAL MOTHER, OR OTHER PERSON IN CONTEMPT    8,963        

PURSUANT TO SECTION 2705.02 OF THE REVISED CODE.                   8,964        

      Sec. 3111.221 3111.58.  As used in this section, "birth      8,973        

record" has the same meaning as in section 3705.01 of the Revised  8,975        

Code.                                                                           

      If an administrative order determining the existence or      8,977        

nonexistence of a parent and child relationship includes a         8,978        

finding that the child's father is a man other than the man named  8,979        

in the child's birth record as the father or is otherwise at       8,980        

                                                          209    


                                                                 
variance with the child's birth record, the agency that made the   8,981        

determination shall notify the department of health of the         8,982        

determination as soon as any period for objection to the                        

determination provided for in former section 3111.21 or 3111.22    8,983        

OR section 3111.22 3111.49 of the Revised Code has elapsed.        8,984        

      On receipt of notice under this section or notice from an    8,986        

agency of another state with authority to make paternity           8,987        

determinations that has made a determination of the existence or   8,988        

nonexistence of a parent and child relationship, the department    8,989        

of health shall prepare a new birth record consistent with the     8,991        

agency's determination and substitute the new record for the       8,992        

original birth record.                                                          

      Sec. 2301.356 3111.61.  If a child support enforcement       9,001        

agency is made a party to an action brought to establish a parent  9,003        

and child relationship under sections 3111.01 to 3111.19 3111.18   9,004        

of the Revised Code and the court orders the parties to the        9,006        

action to submit to genetic testing or the agency orders the       9,007        

parties to submit to genetic testing under sections 3111.22 to     9,009        

3111.29 SECTION 3111.41 of the Revised Code, the agency shall      9,010        

provide for collection of samples and performance of genetic       9,012        

testing in accordance with generally accepted medical techniques.  9,013        

If a court ordered the genetic testing, the agency shall inform    9,014        

the court of the procedures for collecting the samples and         9,015        

performing the genetic tests, in accordance with the rules         9,016        

governing on-site genetic testing adopted by the department of     9,017        

human services pursuant to section 2301.35 3111.611 of the         9,018        

Revised Code.                                                                   

      Sec. 3111.611.  THE STATE DEPARTMENT OF HUMAN SERVICES       9,021        

SHALL ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE    9,022        

RULES GOVERNING THE ESTABLISHMENT BY CHILD SUPPORT ENFORCEMENT     9,024        

AGENCIES OF ON-SITE GENETIC TESTING PROGRAMS TO BE USED IN         9,025        

ACTIONS UNDER SECTIONS 3111.01 TO 3111.18 OF THE REVISED CODE AND  9,026        

IN ADMINISTRATIVE PROCEDURES UNDER SECTIONS 3111.38 TO 3111.54 OF  9,028        

THE REVISED CODE.  THE RULES SHALL INCLUDE PROVISIONS RELATING TO  9,029        

                                                          210    


                                                                 
THE ENVIRONMENT IN WHICH A BLOOD OR BUCCAL CELL SAMPLE MAY BE      9,030        

DRAWN, THE MEDICAL PERSONNEL WHO MAY DRAW A SAMPLE, THE TRAINED    9,031        

PERSONNEL WHO MAY PERFORM THE GENETIC COMPARISON, THE TYPES OF     9,032        

GENETIC TESTING THAT MAY BE PERFORMED ON A SAMPLE, AND THE         9,033        

PROCEDURE FOR NOTIFYING THE COURT OF THE LOCATION AT WHICH THE     9,034        

SAMPLE WILL BE DRAWN, WHO WILL DRAW THE SAMPLE, AND WHO WILL       9,035        

PERFORM THE GENETIC TESTING ON THE SAMPLE, AND ANY OTHER           9,036        

PROCEDURES OR STANDARDS THE DEPARTMENT DETERMINES ARE NECESSARY    9,037        

FOR THE IMPLEMENTATION OF ON-SITE GENETIC TESTING.                 9,038        

      Sec. 3111.64.  THE OFFICE OF CHILD SUPPORT IN THE            9,041        

DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH AND MAINTAIN A BIRTH  9,042        

REGISTRY THAT SHALL CONTAIN ALL OF THE FOLLOWING INFORMATION       9,043        

CONTAINED IN ORDERS DETERMINING THE EXISTENCE OF A PARENT AND      9,044        

CHILD RELATIONSHIP AND ACKNOWLEDGMENTS OF PATERNITY REQUIRED TO    9,045        

BE FILED WITH THE OFFICE:                                                       

      (A)  THE NAMES OF THE PARENTS OF THE CHILD SUBJECT TO THE    9,048        

ORDER OR ACKNOWLEDGMENT;                                                        

      (B)  THE NAME OF THE CHILD;                                  9,050        

      (C)  THE RESIDENT ADDRESS OF EACH PARENT AND EACH PARENT'S   9,053        

SOCIAL SECURITY NUMBER.                                                         

      Sec. 3111.65.  THE BIRTH REGISTRY SHALL BE MAINTAINED AS     9,056        

PART OF AND BE ACCESSIBLE THROUGH THE AUTOMATED SYSTEM CREATED     9,057        

PURSUANT TO SECTION 3125.07 OF THE REVISED CODE.  THE OFFICE OF    9,058        

CHILD SUPPORT SHALL MAKE COMPARISONS OF THE INFORMATION IN THE     9,059        

REGISTRY WITH THE INFORMATION MAINTAINED BY THE DEPARTMENT OF      9,060        

HUMAN SERVICES PURSUANT TO SECTIONS 3107.062 AND 3121.894 OF THE   9,062        

REVISED CODE.  THE OFFICE SHALL MAKE THE COMPARISONS IN THE        9,064        

MANNER AND IN THE TIME INTERVALS REQUIRED BY THE RULES ADOPTED     9,065        

PURSUANT TO SECTION 3111.67 OF THE REVISED CODE.                   9,066        

      Sec. 3111.66.  A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY,  9,069        

WHICHEVER IS APPLICABLE, SHALL FILE THE FOLLOWING WITH THE OFFICE  9,070        

OF CHILD SUPPORT:                                                               

      (A)  AN ORDER ISSUED PURSUANT TO SECTION 3111.13 OF THE      9,073        

REVISED CODE ON OR AFTER JANUARY 1, 1998;                                       

                                                          211    


                                                                 
      (B)  AN ORDER ISSUED PURSUANT TO SECTION 3111.23 OF THE      9,076        

REVISED CODE ON OR AFTER JANUARY 1, 1998, THAT HAS BECOME FINAL    9,078        

AND ENFORCEABLE;                                                                

      (C)  AN ORDER ISSUED PURSUANT TO SECTION 3111.46 OF THE      9,080        

REVISED CODE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.       9,081        

      ON THE FILING OF AN ORDER PURSUANT TO THIS SECTION, THE      9,085        

OFFICE SHALL ENTER THE INFORMATION ON THE ORDER IN THE BIRTH       9,086        

REGISTRY.                                                                       

      Sec. 3111.67.  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT  9,088        

RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT    9,089        

THE REQUIREMENTS OF SECTIONS 3111.64 TO 3111.66 OF THE REVISED     9,090        

CODE THAT ARE CONSISTENT WITH TITLE IV-D OF THE "SOCIAL SECURITY   9,091        

ACT," 88 STAT. 2351, 42 U.S.C. 651 ET SEQ., AS AMENDED.            9,092        

      Sec. 5101.313 3111.69.  The division OFFICE of child         9,102        

support in the department of human services and a child support    9,104        

enforcement agency may examine the putative father registry        9,106        

established under section 3107.062 of the Revised Code to locate                

an absent parent for the purpose of the division OFFICE or agency  9,108        

carrying out its duties under the child and spousal support        9,110        

enforcement programs established under section 5101.31 CHAPTER     9,111        

3125. of the Revised Code.  Neither the division OFFICE nor an     9,112        

agency shall use the information it receives from the registry     9,114        

for any purpose other than child and spousal support enforcement.  9,115        

      Sec. 3111.71.  THE DEPARTMENT OF HUMAN SERVICES SHALL ENTER  9,117        

INTO A CONTRACT WITH LOCAL HOSPITALS FOR THE PROVISION OF STAFF    9,119        

BY THE HOSPITALS TO MEET WITH UNMARRIED WOMEN WHO GIVE BIRTH IN    9,120        

OR EN ROUTE TO THE PARTICULAR HOSPITAL.  ON OR BEFORE APRIL 1,     9,121        

1998, EACH HOSPITAL SHALL ENTER INTO A CONTRACT WITH THE           9,122        

DEPARTMENT OF HUMAN SERVICES PURSUANT TO THIS SECTION REGARDING    9,123        

THE DUTIES IMPOSED BY THIS SECTION AND SECTION 3727.17 OF THE      9,125        

REVISED CODE CONCERNING PATERNITY ESTABLISHMENT.  A HOSPITAL THAT  9,126        

FAILS TO ENTER INTO A CONTRACT SHALL NOT RECEIVE THE FEE FROM THE  9,127        

DEPARTMENT FOR CORRECTLY SIGNED AND NOTARIZED AFFIDAVITS           9,128        

SUBMITTED BY THE HOSPITAL.                                         9,129        

                                                          212    


                                                                 
      Sec. 3111.72.  THE CONTRACT BETWEEN THE DEPARTMENT OF HUMAN  9,132        

SERVICES AND A LOCAL HOSPITAL SHALL REQUIRE ALL OF THE FOLLOWING:  9,133        

      (A)  THAT THE HOSPITAL PROVIDE A STAFF PERSON TO MEET WITH   9,136        

EACH UNMARRIED MOTHER WHO GAVE BIRTH IN OR EN ROUTE TO THE         9,137        

HOSPITAL WITHIN TWENTY-FOUR HOURS OF THE BIRTH OR BEFORE THE       9,138        

MOTHER IS RELEASED FROM THE HOSPITAL;                              9,139        

      (B)  THAT THE STAFF PERSON ATTEMPT TO MEET WITH THE FATHER   9,141        

OF THE UNMARRIED MOTHER'S CHILD IF POSSIBLE;                       9,142        

      (C)  THAT THE STAFF PERSON EXPLAIN TO THE UNMARRIED MOTHER   9,144        

AND THE FATHER, IF HE IS PRESENT, THE BENEFIT TO THE CHILD OF      9,145        

ESTABLISHING A PARENT AND CHILD RELATIONSHIP BETWEEN THE FATHER    9,146        

AND THE CHILD AND THE VARIOUS PROPER PROCEDURES FOR ESTABLISHING   9,147        

A PARENT AND CHILD RELATIONSHIP;                                   9,148        

      (D)  THAT THE STAFF PERSON PRESENT TO THE UNMARRIED MOTHER   9,150        

AND, IF POSSIBLE, THE FATHER THE PAMPHLET OR STATEMENT REGARDING   9,152        

THE RIGHTS AND RESPONSIBILITIES OF A NATURAL PARENT THAT IS        9,153        

PREPARED AND PROVIDED BY THE DEPARTMENT OF HUMAN SERVICES          9,154        

PURSUANT TO SECTION 3111.32 OF THE REVISED CODE;                   9,155        

      (E)  THAT THE STAFF PERSON PROVIDE THE MOTHER AND, IF        9,157        

POSSIBLE, THE FATHER, ALL FORMS AND STATEMENTS NECESSARY TO        9,159        

VOLUNTARILY ESTABLISH A PARENT AND CHILD RELATIONSHIP, INCLUDING,  9,160        

BUT NOT LIMITED TO, THE ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT      9,161        

PREPARED BY THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION   9,162        

3111.31 OF THE REVISED CODE;                                                    

      (F)  THAT THE STAFF PERSON, AT THE REQUEST OF BOTH THE       9,164        

MOTHER AND FATHER, HELP THE MOTHER AND FATHER COMPLETE ANY FORM    9,165        

OR STATEMENT NECESSARY TO ESTABLISH A PARENT AND CHILD             9,167        

RELATIONSHIP;                                                      9,168        

      (G)  THAT THE HOSPITAL PROVIDE A NOTARY PUBLIC TO NOTARIZE   9,170        

AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT SIGNED BY THE MOTHER AND  9,171        

FATHER;                                                            9,172        

      (H)  THAT THE STAFF PERSON PRESENT TO AN UNMARRIED MOTHER    9,174        

WHO IS NOT PARTICIPATING IN THE OHIO WORKS FIRST PROGRAM           9,175        

ESTABLISHED UNDER CHAPTER 5107. OR RECEIVING MEDICAL ASSISTANCE    9,177        

                                                          213    


                                                                 
UNDER CHAPTER 5111. OF THE REVISED CODE AN APPLICATION FOR TITLE   9,180        

IV-D SERVICES;                                                                  

      (I)  THAT THE STAFF PERSON FORWARD ANY COMPLETED             9,182        

ACKNOWLEDGMENT OF PATERNITY, NO LATER THAN TEN DAYS AFTER IT IS    9,183        

COMPLETED, TO THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF     9,184        

HUMAN SERVICES;                                                    9,185        

      (J)  THAT THE DEPARTMENT OF HUMAN SERVICES PAY THE HOSPITAL  9,187        

TWENTY DOLLARS FOR EVERY CORRECTLY SIGNED AND NOTARIZED            9,189        

ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT FROM THE HOSPITAL.           9,190        

      Sec. 3111.73.  NOT LATER THAN JULY 1, 1998, AND THE FIRST    9,193        

DAY OF EACH JULY THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES      9,195        

SHALL COMPLETE A REPORT ON THE HOSPITALS THAT HAVE NOT ENTERED     9,196        

INTO CONTRACTS DESCRIBED IN THIS SECTION.  THE DEPARTMENT SHALL    9,197        

SUBMIT THE REPORT TO THE CHAIRPERSON AND RANKING MINORITY MEMBER   9,198        

OF THE COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE WITH  9,199        

PRIMARY RESPONSIBILITY FOR ISSUES CONCERNING PATERNITY             9,200        

ESTABLISHMENT.                                                                  

      Sec. 3111.74.  IF THE HOSPITAL KNOWS OR DETERMINES THAT A    9,202        

MAN IS PRESUMED UNDER SECTION 3111.03 OF THE REVISED CODE TO BE    9,204        

THE FATHER OF A CHILD AND THAT THE PRESUMED FATHER IS NOT THE MAN               

WHO SIGNED OR IS ATTEMPTING TO SIGN AN ACKNOWLEDGMENT WITH         9,206        

RESPECT TO THE CHILD, THE HOSPITAL SHALL TAKE NO FURTHER ACTION    9,208        

WITH REGARD TO THE ACKNOWLEDGMENT AND SHALL NOT SEND THE           9,209        

ACKNOWLEDGMENT TO THE DIVISION.                                    9,210        

      Sec. 3111.77.  A MAN WHO IS PRESUMED TO BE THE NATURAL       9,212        

FATHER OF A CHILD PURSUANT TO SECTION 3111.03 OF THE REVISED CODE  9,213        

ASSUMES THE PARENTAL DUTY OF SUPPORT WITH RESPECT TO THE CHILD AS  9,215        

PROVIDED IN SECTION 3103.031 OF THE REVISED CODE.                               

      Sec. 3111.78.  A PARENT, GUARDIAN, OR LEGAL CUSTODIAN OF A   9,217        

CHILD, THE PERSON WITH WHOM THE CHILD RESIDES, OR THE CHILD        9,218        

SUPPORT ENFORCEMENT AGENCY OF THE COUNTY IN WHICH THE CHILD,       9,219        

PARENT, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD RESIDES MAY DO   9,220        

THE FOLLOWING TO REQUIRE A MAN TO PAY SUPPORT AND PROVIDE FOR THE  9,221        

HEALTH CARE NEEDS OF THE CHILD IF THE MAN IS PRESUMED TO BE THE    9,222        

                                                          214    


                                                                 
NATURAL FATHER OF THE CHILD UNDER SECTION 3111.03 OF THE REVISED   9,223        

CODE:                                                                           

      (A)  IF THE PRESUMPTION IS NOT BASED ON AN ACKNOWLEDGMENT    9,225        

OF PATERNITY, FILE A COMPLAINT PURSUANT TO SECTION 2151.231 OF     9,226        

THE REVISED CODE IN THE JUVENILE COURT OF THE COUNTY IN WHICH THE  9,228        

CHILD, PARENT, GUARDIAN, OR LEGAL CUSTODIAN RESIDES;               9,229        

      (B)  ASK AN ADMINISTRATIVE OFFICER OF A CHILD SUPPORT        9,231        

ENFORCEMENT AGENCY TO ISSUE AN ADMINISTRATIVE ORDER PURSUANT TO    9,232        

SECTION 3111.81 OF THE REVISED CODE;                               9,233        

      (C)  CONTACT A CHILD SUPPORT ENFORCEMENT AGENCY FOR          9,235        

ASSISTANCE IN OBTAINING AN ORDER FOR SUPPORT AND THE PROVISION OF  9,236        

HEALTH CARE FOR THE CHILD.                                         9,237        

      Sec. 3111.80.  IF A REQUEST FOR ISSUANCE OF AN               9,239        

ADMINISTRATIVE SUPPORT ORDER IS MADE UNDER SECTION 3111.29 OR      9,240        

3111.78 OF THE REVISED CODE OR AN ADMINISTRATIVE OFFICER ISSUES    9,242        

AN ADMINISTRATIVE ORDER DETERMINING THE EXISTENCE OF A PARENT AND  9,243        

CHILD RELATIONSHIP UNDER SECTION 3111.46 OF THE REVISED CODE, THE  9,244        

ADMINISTRATIVE OFFICER SHALL SCHEDULE AN ADMINISTRATIVE HEARING    9,245        

TO DETERMINE, IN ACCORDANCE WITH CHAPTERS 3119. AND 3121. OF THE   9,246        

REVISED CODE, THE AMOUNT OF CHILD SUPPORT ANY PARENT IS REQUIRED   9,247        

TO PAY, THE METHOD OF PAYMENT OF CHILD SUPPORT, AND THE METHOD OF               

PROVIDING FOR THE CHILD'S HEALTH CARE.                             9,248        

      THE ADMINISTRATIVE OFFICER SHALL SEND THE MOTHER AND THE     9,250        

FATHER OF THE CHILD NOTICE OF THE DATE, TIME, PLACE, AND PURPOSE   9,251        

OF THE ADMINISTRATIVE HEARING.  THE RULES OF CIVIL PROCEDURE       9,252        

SHALL APPLY REGARDING THE SENDING OF THE NOTICE, EXCEPT TO THE     9,253        

EXTENT THE CIVIL RULES, BY THEIR NATURE, ARE CLEARLY INAPPLICABLE               

AND EXCEPT THAT REFERENCES IN THE CIVIL RULES TO THE COURT OR THE               

CLERK OF THE COURT SHALL BE CONSTRUED AS BEING REFERENCES TO THE   9,254        

CHILD SUPPORT ENFORCEMENT AGENCY OR THE ADMINISTRATIVE OFFICER.    9,255        

      THE HEARING SHALL BE HELD NO LATER THAN SIXTY DAYS AFTER     9,257        

THE REQUEST IS MADE UNDER SECTION 3111.29 OR 3111.78 OF THE        9,258        

REVISED CODE OR AN ADMINISTRATIVE OFFICER ISSUES AN                9,260        

ADMINISTRATIVE ORDER DETERMINING THE EXISTENCE OF A PARENT AND     9,261        

                                                          215    


                                                                 
CHILD RELATIONSHIP UNDER SECTION 3111.46 OF THE REVISED CODE.      9,263        

THE HEARING SHALL NOT BE HELD EARLIER THAN THIRTY DAYS AFTER THE   9,264        

OFFICER GIVES THE MOTHER AND FATHER NOTICE OF THE HEARING.         9,265        

      Sec. 3111.81.  AFTER THE HEARING UNDER SECTION 3111.80 OF    9,267        

THE REVISED CODE IS COMPLETED, THE ADMINISTRATIVE OFFICER MAY      9,269        

ISSUE AN ADMINISTRATIVE ORDER FOR THE PAYMENT OF SUPPORT AND       9,270        

PROVISION FOR THE CHILD'S HEALTH CARE.  THE ORDER SHALL DO ALL OF  9,272        

THE FOLLOWING:                                                                  

      (A)  REQUIRE PERIODIC PAYMENTS OF SUPPORT THAT MAY VARY IN   9,274        

AMOUNT;                                                                         

      (B)  REQUIRE THE PARENTS TO PROVIDE FOR THE HEALTH CARE      9,276        

NEEDS OF THE CHILD IN ACCORDANCE WITH SECTIONS 3119.30 TO 3119.58  9,277        

OF THE REVISED CODE;                                               9,278        

      (C)  INCLUDE A NOTICE THAT CONTAINS THE INFORMATION          9,280        

DESCRIBED IN SECTION 3111.84 OF THE REVISED CODE INFORMING THE     9,281        

MOTHER AND THE FATHER OF THE RIGHT TO FILE A NOTICE OF APPEAL      9,282        

RELATIVE TO THE ORDER AND THE EFFECT OF A FAILURE TO TIMELY FILE   9,283        

A NOTICE OF APPEAL.                                                             

      Sec. 3111.82.  A PARTY TO A REQUEST MADE UNDER SECTION       9,285        

3111.78 OF THE REVISED CODE FOR AN ADMINISTRATIVE SUPPORT ORDER    9,286        

MAY RAISE THE ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT   9,287        

AND CHILD RELATIONSHIP.                                                         

      Sec. 3111.821.  IF A REQUEST IS MADE PURSUANT TO SECTION     9,290        

3111.78 OF THE REVISED CODE FOR AN ADMINISTRATIVE SUPPORT ORDER                 

AND THE ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND     9,292        

CHILD RELATIONSHIP IS RAISED, THE ADMINISTRATIVE OFFICER SHALL                  

TREAT THE REQUEST AS A REQUEST MADE PURSUANT TO SECTION 3111.38    9,294        

OF THE REVISED CODE AND DETERMINE THE ISSUE IN ACCORDANCE WITH     9,296        

THAT SECTION.  IF THE REQUEST MADE UNDER SECTION 3111.78 OF THE    9,297        

REVISED CODE IS MADE BASED ON AN ACKNOWLEDGMENT OF PATERNITY THAT  9,298        

HAS NOT BECOME FINAL, THE ADMINISTRATIVE OFFICER SHALL PROMPTLY    9,299        

NOTIFY THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN      9,300        

SERVICES WHEN THE OFFICER ISSUES AN ORDER DETERMINING THE          9,301        

EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP WITH  9,302        

                                                          216    


                                                                 
RESPECT TO THE CHILD WHO IS THE SUBJECT OF THE ACKNOWLEDGMENT OF                

PATERNITY.  ON RECEIPT OF THE NOTICE BY THE OFFICE, THE            9,305        

ACKNOWLEDGMENT OF PATERNITY SHALL BE CONSIDERED RESCINDED.         9,306        

      IF THE PARTIES DO NOT RAISE THE ISSUE OF THE EXISTENCE OR    9,308        

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP PURSUANT TO THE    9,309        

REQUEST MADE UNDER SECTION 3111.78 OF THE REVISED CODE AND AN      9,311        

ADMINISTRATIVE ORDER IS ISSUED PURSUANT TO SECTION 3111.81 OF THE  9,312        

REVISED CODE PRIOR TO THE DATE THE ACKNOWLEDGMENT OF PATERNITY     9,314        

BECOMES FINAL, THE ACKNOWLEDGMENT SHALL BE CONSIDERED FINAL AS OF  9,316        

THE DATE OF THE ISSUANCE OF THE ORDER.  AN ADMINISTRATIVE ORDER    9,317        

ISSUED PURSUANT TO SECTION 3111.81 OF THE REVISED CODE SHALL NOT   9,318        

AFFECT AN ACKNOWLEDGMENT THAT BECOMES FINAL PRIOR TO THE ISSUANCE  9,320        

OF THE ORDER.                                                                   

      Sec. 3111.83.  AN ADMINISTRATIVE OFFICER WHO ISSUES AN       9,322        

ADMINISTRATIVE SUPPORT ORDER FOR THE PAYMENT OF SUPPORT AND        9,323        

PROVISION FOR A CHILD'S HEALTH CARE SHALL REGISTER THE ORDER OR    9,324        

CAUSE THE ORDER TO BE REGISTERED IN THE SYSTEM ESTABLISHED UNDER   9,325        

SECTION 3111.831 OF THE REVISED CODE OR WITH THE CLERK OF THE      9,327        

COURT OF COMMON PLEAS OF THE COUNTY SERVED BY THE ADMINISTRATIVE   9,328        

OFFICER'S CHILD SUPPORT ENFORCEMENT AGENCY.                        9,329        

      Sec. 3111.831.  EACH CHILD SUPPORT ENFORCEMENT AGENCY MAY    9,331        

DEVELOP A SYSTEM AND PROCEDURE FOR THE ORGANIZED SAFEKEEPING AND   9,332        

RETRIEVAL OF ADMINISTRATIVE SUPPORT ORDERS FOR THE PAYMENT OF      9,333        

SUPPORT AND PROVISION FOR THE CHILD'S HEALTH CARE.                 9,334        

      Sec. 3111.832.  IF AN ADMINISTRATIVE SUPPORT ORDER IS        9,336        

REGISTERED WITH THE CLERK OF A COURT OF COMMON PLEAS, THE CLERK    9,337        

SHALL NOT CHARGE A FEE FOR THE REGISTRATION AND SHALL ASSIGN THE   9,338        

ORDER A CASE NUMBER.                                                            

      Sec. 3111.84.  THE MOTHER OR FATHER OF A CHILD WHO IS THE    9,340        

SUBJECT OF AN ADMINISTRATIVE SUPPORT ORDER MAY OBJECT TO THE       9,341        

ORDER BY FILING A NOTICE OF APPEAL.  THE NOTICE MUST BE FILED      9,342        

WITHIN THIRTY DAYS AFTER THE ISSUANCE OF THE ORDER IN THE          9,343        

JUVENILE COURT OF THE COUNTY OF THE CHILD SUPPORT ENFORCEMENT      9,344        

AGENCY THAT ISSUED THE ORDER.  IF A NOTICE OF APPEAL IS FILED      9,347        

                                                          217    


                                                                 
TIMELY, THE JUVENILE COURT SHALL PROCEED IN ACCORDANCE WITH        9,349        

CHAPTERS 2505. AND 2506. OF THE REVISED CODE.  THE COURT MAY       9,351        

TRANSFER THE APPEAL TO ANY COURT OR DIVISION OF A COURT WITH       9,352        

DOMESTIC RELATIONS JURISDICTION OVER THE PARTIES IF THE JUVENILE   9,353        

COURT FINDS THAT THE TRANSFER IS IN THE BEST INTEREST OF THE       9,355        

PARTIES AND THE RESPECTIVE COURTS.   IF NEITHER THE MOTHER NOR     9,356        

THE FATHER TIMELY FILES A NOTICE OF APPEAL, THE ORDER IS FINAL     9,357        

AND ENFORCEABLE BY A COURT AND MAY BE MODIFIED ONLY AS PROVIDED    9,358        

IN CHAPTERS 3119., 3121., AND 3123. OF THE REVISED CODE.           9,360        

      Sec. 3111.85.  AN ADMINISTRATIVE SUPPORT ORDER ISSUED        9,362        

PURSUANT TO FORMER SECTION 3111.21 OF THE REVISED CODE PRIOR TO    9,363        

JANUARY 1, 1998, THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS   9,364        

SECTION SHALL REMAIN IN EFFECT ON AND AFTER THE EFFECTIVE DATE OF  9,365        

THIS SECTION AND SHALL BE CONSIDERED AN ADMINISTRATIVE SUPPORT     9,366        

ORDER ISSUED PURSUANT TO SECTION 3111.81 OF THE REVISED CODE FOR                

ALL PURPOSES.                                                                   

      Sec. 3111.30 3111.88.  As used in sections 3111.30 3111.88   9,376        

to 3111.38 3111.96 of the Revised Code:                            9,377        

      (A)  "Artificial insemination" means the introduction of     9,379        

semen into the vagina, cervical canal, or uterus through           9,380        

instruments or other artificial means.                             9,381        

      (B)  "Donor" means a man who supplies semen for a            9,383        

non-spousal artificial insemination.                               9,384        

      (C)  "Non-spousal artificial insemination" means an          9,386        

artificial insemination of a woman with the semen of a man who is  9,387        

not her husband.                                                   9,388        

      (D)  "Physician" means a person who is licensed pursuant to  9,390        

Chapter 4731. of the Revised Code to practice medicine or surgery  9,391        

or osteopathic medicine or surgery in this state.                  9,392        

      (E)  "Recipient" means a woman who has been artificially     9,394        

inseminated with the semen of a donor.                             9,395        

      Sec. 3111.31 3111.89.  Sections 3111.30 3111.88 to 3111.38   9,405        

3111.96 of the Revised Code deal with non-spousal artificial       9,407        

insemination for the purpose of impregnating a woman so that she   9,408        

                                                          218    


                                                                 
can bear a child that she intends to raise as her child.  These                 

sections do not deal with the artificial insemination of a wife    9,409        

with the semen of her husband or with surrogate motherhood.        9,410        

      Sec. 3111.32 3111.90.  A non-spousal artificial              9,419        

insemination shall be performed by a physician or a person who is  9,421        

under the supervision and control of a physician.  Supervision     9,422        

requires the availability of a physician for consultation and                   

direction, but does not necessarily require the personal presence  9,423        

of the physician who is providing the supervision.                 9,424        

      Sec. 3111.33 3111.91.  (A)  In a non-spousal artificial      9,433        

insemination, fresh or frozen semen may be used, provided that     9,434        

the requirements of division (B) of this section are satisfied.    9,435        

      (B)(1)  A physician or person under the supervision and      9,437        

control of a physician may use fresh semen for purposes of a       9,438        

non-spousal artificial insemination, only if within one year       9,439        

prior to the supplying of the semen, a complete medical history    9,440        

of the donor, including, but not limited to, any available         9,441        

genetic history of the donor, was obtained by a physician, the     9,442        

donor had a physical examination by a physician, and the donor     9,443        

was tested for blood type and RH factor.                           9,444        

      (2)  A physician or person under the supervision and         9,446        

control of a physician may use frozen semen for purposes of a      9,447        

non-spousal artificial insemination only if all the following      9,448        

apply:                                                             9,449        

      (a)  The requirements set forth in division (B)(1) of this   9,451        

section are satisfied;                                             9,452        

      (b)  In conjunction with the supplying of the semen, the     9,454        

semen or blood of the donor was the subject of laboratory studies  9,455        

that the physician involved in the non-spousal artificial          9,456        

insemination considers appropriate.  The laboratory studies may    9,457        

include, but are not limited to, venereal disease research         9,458        

laboratories, karotyping, GC culture, cytomegalo, hepatitis,       9,459        

kem-zyme, Tay-Sachs, sickle-cell, ureaplasma, HLTV-III, and        9,460        

chlamydia.                                                         9,461        

                                                          219    


                                                                 
      (c)  The physician involved in the non-spousal artificial    9,463        

insemination determines that the results of the laboratory         9,464        

studies are acceptable results.                                    9,465        

      Sec. 3111.34 3111.92.  The non-spousal artificial            9,474        

insemination of a married woman may occur only if both she and     9,476        

her husband sign a written consent to the artificial insemination  9,477        

as described in section 3111.35 3111.93 of the Revised Code.       9,478        

      Sec. 3111.35 3111.93.  (A)  Prior to a non-spousal           9,487        

artificial insemination, the physician associated with it shall    9,488        

do the following:                                                  9,489        

      (1)  Obtain the written consent of the recipient on a form   9,491        

that the physician shall provide.  The written consent shall       9,492        

contain all of the following:                                      9,493        

      (a)  The name and address of the recipient and, if married,  9,495        

her husband;                                                       9,496        

      (b)  The name of the physician;                              9,498        

      (c)  The proposed location of the performance of the         9,500        

artificial insemination;                                           9,501        

      (d)  A statement that the recipient and, if married, her     9,503        

husband consent to the artificial insemination;                    9,504        

      (e)  If desired, a statement that the recipient and, if      9,506        

married, her husband consent to more than one artificial           9,507        

insemination if necessary;                                         9,508        

      (f)  A statement that the donor shall not be advised by the  9,510        

physician or another person performing the artificial              9,511        

insemination as to the identity of the recipient or, if married,   9,512        

her husband and that the recipient and, if married, her husband    9,513        

shall not be advised by the physician or another person            9,514        

performing the artificial insemination as to the identity of the   9,515        

donor;                                                             9,516        

      (g)  A statement that the physician is to obtain necessary   9,518        

semen from a donor and, subject to any agreed upon provision as    9,519        

described in division (A)(1)(n) of this section, that the          9,520        

recipient and, if married, her husband shall rely upon the         9,521        

                                                          220    


                                                                 
judgment and discretion of the physician in this regard;           9,522        

      (h)  A statement that the recipient and, if married, her     9,524        

husband understand that the physician cannot be responsible for    9,525        

the physical or mental characteristics of any child resulting      9,526        

from the artificial insemination;                                  9,527        

      (i)  A statement that there is no guarantee that the         9,529        

recipient will become pregnant as a result of the artificial       9,530        

insemination;                                                      9,531        

      (j)  A statement that the artificial insemination shall      9,533        

occur in compliance with sections 3111.30 3111.88 to 3111.38       9,535        

3111.96 of the Revised Code;                                       9,536        

      (k)  A brief summary of the paternity consequences of the    9,538        

artificial insemination as set forth in section 3111.37 3111.95    9,540        

of the Revised Code;                                               9,541        

      (l)  The signature of the recipient and, if married, her     9,543        

husband;                                                           9,544        

      (m)  If agreed to, a statement that the artificial           9,546        

insemination will be performed by a person who is under the        9,547        

supervision and control of the physician;                          9,548        

      (n)  Any other provision that the physician, the recipient,  9,550        

and, if married, her husband agree to include.                     9,551        

      (2)  Upon request, provide the recipient and, if married,    9,553        

her husband with the following information to the extent the       9,554        

physician has knowledge of it:                                     9,555        

      (a)  The medical history of the donor, including, but not    9,557        

limited to, any available genetic history of the donor and         9,558        

persons related to him by consanguinity, the blood type of the     9,559        

donor, and whether he has an RH factor;                            9,560        

      (b)  The race, eye and hair color, age, height, and weight   9,562        

of the donor;                                                      9,563        

      (c)  The educational attainment and talents of the donor;    9,565        

      (d)  The religious background of the donor;                  9,567        

      (e)  Any other information that the donor has indicated may  9,569        

be disclosed.                                                      9,570        

                                                          221    


                                                                 
      (B)  After each non-spousal artificial insemination of a     9,572        

woman, the physician associated with it shall note the date of     9,573        

the artificial insemination in his THE PHYSICIAN'S records         9,574        

pertaining to the woman and the artificial insemination, and       9,576        

retain this information as provided in section 3111.36 3111.94 of  9,577        

the Revised Code.                                                  9,578        

      Sec. 3111.36 3111.94.  (A)  The physician who is associated  9,587        

with a non-spousal artificial insemination shall place the         9,589        

written consent obtained pursuant to division (A)(1) of section    9,590        

3111.35 3111.93 of the Revised Code, information provided to the   9,592        

recipient and, if married, her husband pursuant to division        9,593        

(A)(2) of that section, other information concerning the donor     9,594        

that he THE PHYSICIAN possesses, and other matters concerning the  9,596        

artificial insemination in a file that shall bear the name of the  9,597        

recipient. This file shall be retained by the physician in his     9,598        

THE PHYSICIAN'S office separate from any regular medical chart of  9,600        

the recipient, and shall be confidential, except as provided in    9,601        

divisions (B) and (C) of this section.  This file is not a public  9,602        

record under section 149.43 of the Revised Code.                   9,603        

      (B)  The written consent form and information provided to    9,605        

the recipient and, if married, her husband pursuant to division    9,606        

(A)(2) of section 3111.35 3111.93 of the Revised Code shall be     9,607        

open to inspection only until the child born as the result of the  9,609        

non-spousal artificial insemination is twenty-one years of age,    9,610        

and only to the recipient or, if married, her husband upon         9,611        

request to the physician.                                          9,612        

      (C)  Information pertaining to the donor that was not        9,614        

provided to the recipient and, if married, her husband pursuant    9,615        

to division (A)(2) of section 3111.35 3111.93 of the Revised Code  9,617        

and that the physician possesses shall be kept in the file         9,618        

pertaining to the non-spousal artificial insemination for at       9,619        

least five years from the date of the artificial insemination.     9,620        

At the expiration of this period, the physician may destroy such   9,621        

information or retain it in the file.                              9,622        

                                                          222    


                                                                 
      The physician shall not make this information available for  9,624        

inspection by any person during the five-year period or, if the    9,625        

physician retains the information after the expiration of that     9,626        

period, at any other time, unless the following apply:             9,627        

      (1)  A child is born as a result of the artificial           9,629        

insemination, an action is filed by the recipient, her husband if  9,630        

she is married, or a guardian of the child in the domestic         9,631        

relations division or, if there is no domestic relations           9,632        

division, the general division of the court of common pleas of     9,633        

the county in which the office of the physician is located, the    9,634        

child is not twenty-one years of age or older, and the court       9,635        

pursuant to division (C)(2) of this section issues an order        9,636        

authorizing the inspection of specified types of information by    9,637        

the recipient, husband, or guardian;                               9,638        

      (2)  Prior to issuing an order authorizing an inspection of  9,640        

information, the court shall determine, by clear and convincing    9,641        

evidence, that the information that the recipient, husband, or     9,642        

guardian wishes to inspect is necessary for or helpful in the      9,643        

medical treatment of the child born as a result of the artificial  9,644        

insemination, and shall determine which types of information in    9,645        

the file are germane to the medical treatment and are to be made   9,646        

available for inspection by the recipient, husband, or guardian    9,647        

in that regard.  An order only shall authorize the inspection of   9,648        

information germane to the medical treatment of the child.         9,649        

      Sec. 3111.37 3111.95.  (A)  If a married woman is the        9,658        

subject of a non-spousal artificial insemination and if her        9,660        

husband consented to the artificial insemination, the husband      9,661        

shall be treated in law and regarded as the natural father of a    9,662        

child conceived as a result of the artificial insemination, and a  9,663        

child so conceived shall be treated in law and regarded as the     9,664        

natural child of the husband.  A presumption that arises under     9,665        

division (A)(1) or (2) of section 3111.03 of the Revised Code is   9,666        

conclusive with respect to this father and child relationship,     9,667        

and no action or proceeding under sections 3111.01 to 3111.19      9,669        

                                                          223    


                                                                 
3111.18 or section 3111.22 SECTIONS 3111.38 TO 3111.54 of the      9,671        

Revised Code shall affect the relationship.                        9,672        

      (B)  If a woman is the subject of a non-spousal artificial   9,674        

insemination, the donor shall not be treated in law or regarded    9,675        

as the natural father of a child conceived as a result of the      9,676        

artificial insemination, and a child so conceived shall not be     9,677        

treated in law or regarded as the natural child of the donor.  No  9,678        

action or proceeding under sections 3111.01 to 3111.19 3111.18 or  9,680        

section 3111.22 SECTIONS 3111.38 TO 3111.54 of the Revised Code    9,682        

shall affect these consequences.                                   9,683        

      Sec. 3111.38 3111.96.  The failure of a physician or person  9,692        

under the supervision and control of a physician to comply with    9,694        

the applicable requirements of sections 3111.30 3111.88 to         9,695        

3111.37 3111.95 of the Revised Code shall not affect the legal     9,697        

status, rights, or obligations of a child conceived as a result    9,698        

of a non-spousal artificial insemination, a recipient, a husband   9,699        

who consented to the non-spousal artificial insemination of his    9,700        

wife, or the donor.  If a recipient who is married and her         9,701        

husband make a good faith effort to execute a written consent      9,702        

that is in compliance with section 3111.35 3111.93 of the Revised  9,703        

Code relative to a non-spousal artificial insemination, the        9,704        

failure of the written consent to so comply shall not affect the   9,705        

paternity consequences set forth in division (A) of section        9,706        

3111.37 3111.95 of the Revised Code.                               9,707        

      Sec. 3111.99.  (A)  For purposes of this section,            9,716        

"administrative support order" and "obligor" have the same         9,717        

meaning as in section 3111.20 of the Revised Code.                 9,718        

      (B)  Whoever violates section 3111.29 3111.19 of the         9,720        

Revised Code is guilty of interfering with the establishment of    9,722        

paternity, a misdemeanor of the first degree.                      9,723        

      (C)  An obligor who violates division (B)(1)(c) of section   9,726        

3111.23 of the Revised Code shall be fined not more than fifty     9,727        

dollars for a first offense, not more than one hundred dollars                  

for a second offense, and not more than five hundred dollars for   9,728        

                                                          224    


                                                                 
each subsequent offense.                                           9,729        

      (D)  An obligor who violates division (E)(2) of section      9,731        

3111.23 of the Revised Code shall be fined not more than fifty     9,732        

dollars for a first offense, not more than one hundred dollars     9,734        

for a second offense, and not more than five hundred dollars for   9,735        

each subsequent offense.                                                        

      (E)  A fine imposed pursuant to division (C) or (D) of this  9,738        

section shall be paid to the division of child support in the      9,739        

department of human services or, pursuant to division (H)(4) of    9,741        

section 2301.35 of the Revised Code, the child support             9,743        

enforcement agency.  The amount of the fine that does not exceed   9,744        

the amount of arrearage the obligor owes under the administrative  9,745        

support order shall be disbursed in accordance with the support                 

order.  The amount of the fine that exceeds the amount of the      9,746        

arrearage under the support order shall be called program income   9,747        

and shall be collected in accordance with section 5101.325 of the  9,748        

Revised Code.                                                                   

      Sec. 3113.04.  (A)  Sentence may be suspended if a person,   9,757        

after conviction under section 2919.21 of the Revised Code and     9,758        

before sentence under that section, appears before the court of    9,759        

common pleas in which the conviction took place and enters into    9,760        

bond to the state in a sum fixed by the court at not less than     9,761        

five hundred nor more than one thousand dollars, with sureties     9,762        

approved by the court, conditioned that the person will furnish    9,763        

the child or other dependent with necessary or proper home, care,  9,764        

food, and clothing, or will pay promptly each week for such        9,765        

purpose to the division OFFICE of child support in the department  9,767        

of human services, a sum to be fixed by the agency.  The child     9,768        

support enforcement agency shall comply with sections 3113.21 to   9,769        

3113.219 CHAPTER 3119. of the Revised Code when it fixes the sum   9,771        

to be paid to the division.                                                     

      (B)  Each order for child support made or modified under     9,773        

this section shall include as part of the order a general          9,775        

provision, as described in division (A)(1) of section 3113.21 of   9,776        

                                                          225    


                                                                 
the Revised Code, requiring the withholding or deduction of        9,778        

income or assets of the obligor under the order as described in    9,780        

division (D) of section 3113.21 of the Revised Code or another     9,782        

type of appropriate requirement as described in division (D)(3),   9,783        

(D)(4), or (H) of that section, to ensure that withholding or      9,786        

deduction from the income or assets of the obligor is available    9,788        

from the commencement of the support order for collection of the   9,789        

support and of any arrearages that occur; a statement requiring    9,790        

all parties to the order to notify the child support enforcement   9,791        

agency in writing of their current mailing address, current        9,792        

residence address, current resident telephone number, current      9,793        

driver's license number, and any changes to that information, and  9,794        

a notice that the requirement to notify the agency of all changes  9,796        

to that information continues until further notice from the        9,798        

court.  If any person required to pay child support under an       9,799        

order made under this section on or after April 15, 1985, or       9,800        

modified on or after December 1, 1986, is found in contempt of     9,801        

court for failure to make support payments under the order, the    9,802        

court that makes the finding, in addition to any other penalty or  9,803        

remedy imposed, shall assess all court costs arising out of the    9,804        

contempt proceeding against the person and require the person to   9,805        

pay any reasonable attorney's fees of any adverse party, as        9,806        

determined by the court, that arose in relation to the act of      9,807        

contempt.                                                                       

      (C)  Notwithstanding section 3109.01 of the Revised Code,    9,809        

if a court issues a child support order under this section, the    9,810        

order shall remain in effect beyond the child's eighteenth         9,811        

birthday as long as the child continuously attends on a full-time  9,812        

basis any recognized and accredited high school or the order       9,814        

provides that the duty of support of the child continues beyond    9,815        

the child's eighteenth birthday.  Except in cases in which the     9,817        

order provides that the duty of support continues for any period   9,818        

after the child reaches nineteen years of age, the order shall     9,819        

not remain in effect after the child reaches age nineteen.  Any    9,820        

                                                          226    


                                                                 
parent ordered to pay support under a child support order issued   9,822        

under this section shall continue to pay support under the order,  9,823        

including during seasonal vacation periods, until the order        9,824        

terminates.                                                        9,825        

      Sec. 3113.07.  As used in this section, "executive           9,834        

director" has the same meaning as in section 5153.01 of the        9,835        

Revised Code.                                                      9,836        

      Sentence may be suspended, if a person, after conviction     9,838        

under section 3113.06 of the Revised Code and before sentence      9,839        

thereunder, appears before the court of common pleas in which      9,840        

such conviction took place and enters into bond to the state in a  9,841        

sum fixed by the court at not less than five hundred dollars,      9,842        

with sureties approved by such court, conditioned that such        9,843        

person will pay, so long as the child remains a ward of the        9,844        

public children services agency or a recipient of aid pursuant to  9,846        

Chapter 5107. or 5115. of the Revised Code, to the executive       9,847        

director thereof or to a trustee to be named by the court, for     9,848        

the benefit of such agency or if the child is a recipient of aid   9,849        

pursuant to Chapter 5107. or 5115. of the Revised Code, to the     9,851        

county department of human services, the reasonable cost of        9,852        

keeping such child.  The amount of such costs and the time of                   

payment shall be fixed by the court.                               9,853        

      The court, in accordance with section 3113.217 SECTIONS      9,855        

3119.30 TO 3119.58 of the Revised Code, shall include in each      9,858        

support order made under this section the requirement that one or  9,860        

both of the parents provide for the health care needs of the                    

child to the satisfaction of the court.  THE COURT SHALL COMPLY    9,861        

WITH SECTIONS 3119.14 TO 3119.19 OF THE REVISED CODE WHEN ISSUING  9,862        

A SUPPORT ORDER UNDER THIS SECTION.                                9,863        

      Sec. 3113.31.  (A)  As used in this section:                 9,872        

      (1)  "Domestic violence" means the occurrence of one or      9,874        

more of the following acts against a family or household member:   9,875        

      (a)  Attempting to cause or recklessly causing bodily        9,877        

injury;                                                            9,878        

                                                          227    


                                                                 
      (b)  Placing another person by the threat of force in fear   9,880        

of imminent serious physical harm or committing a violation of     9,881        

section 2903.211 or 2911.211 of the Revised Code;                  9,882        

      (c)  Committing any act with respect to a child that would   9,884        

result in the child being an abused child, as defined in section   9,885        

2151.031 of the Revised Code.                                      9,886        

      (2)  "Court" means the domestic relations division of the    9,888        

court of common pleas in counties that have a domestic relations   9,889        

division, and the court of common pleas in counties that do not    9,890        

have a domestic relations division.                                9,891        

      (3)  "Family or household member" means any of the           9,893        

following:                                                         9,894        

      (a)  Any of the following who is residing with or has        9,896        

resided with the respondent:                                       9,897        

      (i)  A spouse, a person living as a spouse, or a former      9,899        

spouse of the respondent;                                          9,900        

      (ii)  A parent or a child of the respondent, or another      9,902        

person related by consanguinity or affinity to the respondent;     9,903        

      (iii)  A parent or a child of a spouse, person living as a   9,905        

spouse, or former spouse of the respondent, or another person      9,906        

related by consanguinity or affinity to a spouse, person living    9,907        

as a spouse, or former spouse of the respondent.                   9,908        

      (b)  The natural parent of any child of whom the respondent  9,910        

is the other natural parent or is the putative other natural       9,911        

parent.                                                                         

      (4)  "Person living as a spouse" means a person who is       9,913        

living or has lived with the respondent in a common law marital    9,914        

relationship, who otherwise is cohabiting with the respondent, or  9,916        

who otherwise has cohabited with the respondent within five years  9,917        

prior to the date of the alleged occurrence of the act in                       

question.                                                                       

      (5)  "Victim advocate" means a person who provides support   9,919        

and assistance for a person who files a petition under this        9,920        

section.                                                                        

                                                          228    


                                                                 
      (B)  The court has jurisdiction over all proceedings under   9,922        

this section.  The petitioner's right to relief under this         9,923        

section is not affected by the petitioner's leaving the residence  9,924        

or household to avoid further domestic violence.                   9,925        

      (C)  A person may seek relief under this section on the      9,927        

person's own behalf, or any parent or adult household member may   9,929        

seek relief under this section on behalf of any other family or                 

household member, by filing a petition with the court.  The        9,930        

petition shall contain or state:                                   9,931        

      (1)  An allegation that the respondent engaged in domestic   9,933        

violence against a family or household member of the respondent,   9,934        

including a description of the nature and extent of the domestic   9,935        

violence;                                                          9,936        

      (2)  The relationship of the respondent to the petitioner,   9,938        

and to the victim if other than the petitioner;                    9,939        

      (3)  A request for relief under this section.                9,941        

      (D)(1)  If a person who files a petition pursuant to this    9,943        

section requests an ex parte order, the court shall hold an ex     9,944        

parte hearing on the same day that the petition is filed.  The     9,945        

court, for good cause shown at the ex parte hearing, may enter     9,946        

any temporary orders, with or without bond, including, but not     9,947        

limited to, an order described in division (E)(1)(a), (b), or (c)  9,948        

of this section, that the court finds necessary to protect the     9,949        

family or household member from domestic violence.  Immediate and  9,950        

present danger of domestic violence to the family or household     9,951        

member constitutes good cause for purposes of this section.        9,952        

Immediate and present danger includes, but is not limited to,      9,953        

situations in which the respondent has threatened the family or    9,954        

household member with bodily harm or in which the respondent       9,955        

previously has been convicted of or pleaded guilty to an offense   9,957        

that constitutes domestic violence against the family or                        

household member.                                                  9,958        

      (2)(a)  If the court, after an ex parte hearing, issues an   9,960        

order described in division (E)(1)(b) or (c) of this section, the  9,961        

                                                          229    


                                                                 
court shall schedule a full hearing for a date that is within      9,962        

seven court days after the ex parte hearing.  If any other type    9,963        

of protection order that is authorized under division (E) of this  9,964        

section is issued by the court after an ex parte hearing, the      9,965        

court shall schedule a full hearing for a date that is within ten  9,966        

court days after the ex parte hearing.  The court shall give the   9,967        

respondent notice of, and an opportunity to be heard at, the full  9,969        

hearing.  The court shall hold the full hearing on the date        9,970        

scheduled under this division unless the court grants a            9,971        

continuance of the hearing in accordance with this division.                    

Under any of the following circumstances or for any of the         9,972        

following reasons, the court may grant a continuance of the full   9,973        

hearing to a reasonable time determined by the court:              9,974        

      (i)  Prior to the date scheduled for the full hearing under  9,976        

this division, the respondent has not been served with the         9,977        

petition filed pursuant to this section and notice of the full     9,978        

hearing.                                                                        

      (ii)  The parties consent to the continuance.                9,980        

      (iii)  The continuance is needed to allow a party to obtain  9,982        

counsel.                                                           9,983        

      (iv)  The continuance is needed for other good cause.        9,985        

      (b)  An ex parte order issued under this section does not    9,987        

expire because of a failure to serve notice of the full hearing    9,988        

upon the respondent before the date set for the full hearing       9,989        

under division (D)(2)(a) of this section or because the court      9,990        

grants a continuance under that division.                          9,991        

      (3)  If a person who files a petition pursuant to this       9,993        

section does not request an ex parte order, or if a person         9,994        

requests an ex parte order but the court does not issue an ex      9,995        

parte order after an ex parte hearing, the court shall proceed as  9,996        

in a normal civil action and grant a full hearing on the matter.   9,997        

      (E)(1)  After an ex parte or full hearing, the court may     9,999        

grant any protection order, with or without bond, or approve any   10,000       

consent agreement to bring about a cessation of domestic violence  10,001       

                                                          230    


                                                                 
against the family or household members.  The order or agreement   10,002       

may:                                                               10,003       

      (a)  Direct the respondent to refrain from abusing the       10,005       

family or household members;                                       10,006       

      (b)  Grant possession of the residence or household to the   10,008       

petitioner or other family or household member, to the exclusion   10,009       

of the respondent, by evicting the respondent, when the residence  10,010       

or household is owned or leased solely by the petitioner or other  10,011       

family or household member, or by ordering the respondent to       10,012       

vacate the premises, when the residence or household is jointly    10,013       

owned or leased by the respondent, and the petitioner or other     10,014       

family or household member;                                        10,015       

      (c)  When the respondent has a duty to support the           10,017       

petitioner or other family or household member living in the       10,018       

residence or household and the respondent is the sole owner or     10,019       

lessee of the residence or household, grant possession of the      10,020       

residence or household to the petitioner or other family or        10,021       

household member, to the exclusion of the respondent, by ordering  10,022       

the respondent to vacate the premises, or, in the case of a        10,023       

consent agreement, allow the respondent to provide suitable,       10,024       

alternative housing;                                               10,025       

      (d)  Temporarily allocate parental rights and                10,027       

responsibilities for the care of, or establish temporary           10,028       

visitation PARENTING TIME rights with regard to, minor children,   10,029       

if no other court has determined, or is determining, the           10,031       

allocation of parental rights and responsibilities for the minor   10,032       

children or visitation PARENTING TIME rights;                      10,034       

      (e)  Require the respondent to maintain support, if the      10,036       

respondent customarily provides for or contributes to the support  10,037       

of the family or household member, or if the respondent has a      10,038       

duty to support the petitioner or family or household member;      10,039       

      (f)  Require the respondent, petitioner, victim of domestic  10,041       

violence, or any combination of those persons, to seek             10,042       

counseling;                                                        10,043       

                                                          231    


                                                                 
      (g)  Require the respondent to refrain from entering the     10,045       

residence, school, business, or place of employment of the         10,046       

petitioner or family or household member;                          10,047       

      (h)  Grant other relief that the court considers equitable   10,049       

and fair, including, but not limited to, ordering the respondent   10,050       

to permit the use of a motor vehicle by the petitioner or other    10,051       

family or household member and the apportionment of household and  10,052       

family personal property.                                          10,053       

      (2)  If a protection order has been issued pursuant to this  10,055       

section in a prior action involving the respondent and the         10,056       

petitioner or one or more of the family or household members, the  10,057       

court may include in a protection order that it issues a           10,058       

prohibition against the respondent returning to the residence or   10,059       

household.  If it includes a prohibition against the respondent    10,061       

returning to the residence or household in the order, it also      10,062       

shall include in the order provisions of the type described in     10,063       

division (E)(7) of this section.  This division does not preclude  10,065       

the court from including in a protection order or consent          10,066       

agreement, in circumstances other than those described in this     10,067       

division, a requirement that the respondent be evicted from or     10,068       

vacate the residence or household or refrain from entering the     10,069       

residence, school, business, or place of employment of the         10,070       

petitioner or a family or household member, and, if the court      10,071       

includes any requirement of that type in an order or agreement,    10,072       

the court also shall include in the order provisions of the type   10,073       

described in division (E)(7) of this section.                      10,074       

      (3)(a)  Any protection order issued or consent agreement     10,077       

approved under this section shall be valid until a date certain,   10,078       

but not later than five years from the date of its issuance or     10,079       

approval.                                                                       

      (b)  Subject to the limitation on the duration of an order   10,081       

or agreement set forth in division (E)(3)(a) of this section, any  10,082       

order under division (E)(1)(d) of this section shall terminate on  10,083       

the date that a court in an action for divorce, dissolution of     10,085       

                                                          232    


                                                                 
marriage, or legal separation brought by the petitioner or                      

respondent issues an order allocating parental rights and          10,086       

responsibilities for the care of children or on the date that a    10,087       

juvenile court in an action brought by the petitioner or           10,088       

respondent issues an order awarding legal custody of minor         10,089       

children.  Subject to the limitation on the duration of an order                

or agreement set forth in division (E)(3)(a) of this section, any  10,090       

order under division (E)(1)(e) of this section shall terminate on  10,091       

the date that a court in an action for divorce, dissolution of     10,092       

marriage, or legal separation brought by the petitioner or         10,093       

respondent issues a support order or on the date that a juvenile   10,094       

court in an action brought by the petitioner or respondent issues               

a support order.                                                   10,095       

      (c)  Any protection order issued or consent agreement        10,098       

approved pursuant to this section may be renewed in the same       10,099       

manner as the original order or agreement was issued or approved.  10,100       

      (4)  A court may not issue a protection order that requires  10,102       

a petitioner to do or to refrain from doing an act that the court  10,103       

may require a respondent to do or to refrain from doing under      10,104       

division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this        10,105       

section unless all of the following apply:                                      

      (a)  The respondent files a separate petition for a          10,107       

protection order in accordance with this section.                  10,108       

      (b)  The petitioner is served notice of the respondent's     10,110       

petition at least forty-eight hours before the court holds a       10,111       

hearing with respect to the respondent's petition, or the          10,112       

petitioner waives the right to receive this notice.                10,113       

      (c)  If the petitioner has requested an ex parte order       10,115       

pursuant to division (D) of this section, the court does not       10,116       

delay any hearing required by that division beyond the time        10,117       

specified in that division in order to consolidate the hearing     10,118       

with a hearing on the petition filed by the respondent.                         

      (d)  After a full hearing at which the respondent presents   10,120       

evidence in support of the request for a protection order and the  10,121       

                                                          233    


                                                                 
petitioner is afforded an opportunity to defend against that       10,122       

evidence, the court determines that the petitioner has committed   10,123       

an act of domestic violence or has violated a temporary            10,124       

protection order issued pursuant to section 2919.26 of the                      

Revised Code, that both the petitioner and the respondent acted    10,125       

primarily as aggressors, and that neither the petitioner nor the   10,126       

respondent acted primarily in self-defense.                        10,127       

      (5)  No protection order issued or consent agreement         10,129       

approved under this section shall in any manner affect title to    10,131       

any real property.                                                              

      (6)(a)  If a petitioner, or the child of a petitioner, who   10,133       

obtains a protection order or consent agreement pursuant to        10,134       

division (E)(1) of this section or a temporary protection order    10,135       

pursuant to section 2919.26 of the Revised Code and is the         10,136       

subject of a PARENTING TIME ORDER ISSUED PURSUANT TO SECTION       10,137       

3109.051 OR 3109.12 OF THE REVISED CODE OR A visitation or                      

companionship order issued pursuant to section 3109.051, 3109.11,  10,139       

or 3109.12 of the Revised Code or division (E)(1)(d) of this                    

section granting visitation or companionship PARENTING TIME        10,140       

rights to the respondent, the court may require the public         10,142       

children services agency of the county in which the court is       10,143       

located to provide supervision of the respondent's exercise of                  

PARENTING TIME OR visitation or companionship rights with respect  10,144       

to the child for a period not to exceed nine months, if the court  10,146       

makes the following findings of fact:                              10,147       

      (i)  The child is in danger from the respondent;             10,149       

      (ii)  No other person or agency is available to provide the  10,151       

supervision.                                                                    

      (b)  A court that requires an agency to provide supervision  10,153       

pursuant to division (E)(6)(a) of this section shall order the     10,155       

respondent to reimburse the agency for the cost of providing the   10,156       

supervision, if it determines that the respondent has sufficient   10,158       

income or resources to pay that cost.                                           

      (7)(a)  If a protection order issued or consent agreement    10,160       

                                                          234    


                                                                 
approved under this section includes a requirement that the        10,161       

respondent be evicted from or vacate the residence or household    10,162       

or refrain from entering the residence, school, business, or       10,163       

place of employment of the petitioner or a family or household     10,164       

member, the order or agreement shall state clearly that the order  10,165       

or agreement cannot be waived or nullified by an invitation to     10,166       

the respondent from the petitioner or other family or household    10,167       

member to enter the residence, school, business, or place of       10,168       

employment or by the respondent's entry into one of those places   10,169       

otherwise upon the consent of the petitioner or other family or    10,170       

household member.                                                  10,171       

      (b)  Division (E)(7)(a) of this section does not limit any   10,174       

discretion of a court to determine that a respondent charged with  10,175       

a violation of section 2919.27 of the Revised Code, with a         10,176       

violation of a municipal ordinance substantially equivalent to     10,177       

that section, or with contempt of court, which charge is based on  10,178       

an alleged violation of a protection order issued or consent       10,179       

agreement approved under this section, did not commit the          10,181       

violation or was not in contempt of court.                         10,182       

      (F)(1)  A copy of any protection order, or consent           10,184       

agreement, that is issued or approved under this section shall be  10,185       

issued by the court to the petitioner, to the respondent, and to   10,186       

all law enforcement agencies that have jurisdiction to enforce     10,187       

the order or agreement.  The court shall direct that a copy of an  10,188       

order be delivered to the respondent on the same day that the      10,189       

order is entered.                                                  10,190       

      (2)  All law enforcement agencies shall establish and        10,192       

maintain an index for the protection orders and the approved       10,193       

consent agreements delivered to the agencies pursuant to division  10,194       

(F)(1) of this section.  With respect to each order and consent    10,195       

agreement delivered, each agency shall note on the index the date  10,197       

and time that it received the order or consent agreement.                       

      (3)  Regardless of whether the petitioner has registered     10,199       

the order or agreement in the county in which the officer's        10,200       

                                                          235    


                                                                 
agency has jurisdiction pursuant to division (N) of this section,  10,201       

any officer of a law enforcement agency shall enforce a            10,203       

protection order issued or consent agreement approved by any                    

court in this state in accordance with the provisions of the       10,205       

order or agreement, including removing the respondent from the     10,206       

premises, if appropriate.                                                       

      (G)  Any proceeding under this section shall be conducted    10,208       

in accordance with the Rules of Civil Procedure, except that an    10,209       

order under this section may be obtained with or without bond.     10,210       

An order issued under this section, other than an ex parte order,  10,211       

that grants a protection order or approves a consent agreement,    10,212       

or that refuses to grant a protection order or approve a consent   10,213       

agreement, is a final, appealable order.  The remedies and         10,214       

procedures provided in this section are in addition to, and not    10,216       

in lieu of, any other available civil or criminal remedies.        10,217       

      (H)  The filing of proceedings under this section does not   10,219       

excuse a person from filing any report or giving any notice        10,220       

required by section 2151.421 of the Revised Code or by any other   10,221       

law.  When a petition under this section alleges domestic          10,222       

violence against minor children, the court shall report the fact,  10,223       

or cause reports to be made, to a county, township, or municipal   10,224       

peace officer under section 2151.421 of the Revised Code.          10,225       

      (I)  Any law enforcement agency that investigates a          10,227       

domestic dispute shall provide information to the family or        10,228       

household members involved regarding the relief available under    10,229       

this section and section 2919.26 of the Revised Code.              10,230       

      (J)  Notwithstanding any provision of law to the contrary,   10,232       

no court shall charge a fee for the filing of a petition pursuant  10,233       

to this section.                                                   10,234       

      (K)(1)  Each order for support made or modified under this   10,236       

section shall include as part of the order a general provision,    10,238       

as described in division (A)(1) of section 3113.21 of the Revised  10,239       

Code, requiring the withholding or deduction of income or assets   10,241       

of the obligor under the order as described in division (D) of     10,243       

                                                          236    


                                                                 
section 3113.21 of the Revised Code or another type of             10,245       

appropriate requirement as described in division (D)(3), (D)(4),   10,246       

or (H) of that section, to ensure that withholding or deduction    10,249       

from the income or assets of the obligor is available from the     10,250       

commencement of the support order for collection of the support    10,251       

and of any arrearages that occur; a statement requiring all        10,252       

parties to the order to notify the child support enforcement       10,253       

agency in writing of their current mailing address, current        10,254       

residence address, current residence telephone number, current     10,255       

driver's license number, and any changes to that information; and  10,256       

a notice that the requirement to notify the agency of all changes  10,258       

to that information continues until further notice from the        10,260       

court.  The court shall comply with sections 3113.21 to 3113.219   10,261       

CHAPTERS 3119., 3121., 3123., AND 3125. of the Revised Code when   10,263       

it makes or modifies an order for child support under this         10,264       

section.                                                                        

      (2)  If any person required to pay child support under an    10,266       

order made under this section on or after April 15, 1985, or       10,267       

modified under this section on or after December 31, 1986, is      10,268       

found in contempt of court for failure to make support payments    10,269       

under the order, the court that makes the finding, in addition to  10,270       

any other penalty or remedy imposed, shall assess all court costs  10,271       

arising out of the contempt proceeding against the person and      10,272       

require the person to pay any reasonable attorney's fees of any    10,273       

adverse party, as determined by the court, that arose in relation  10,274       

to the act of contempt.                                            10,275       

      (2)  Notwithstanding section 3109.01 of the Revised Code,    10,277       

if a court issues a child support order under this section, the    10,278       

order shall remain in effect beyond the child's eighteenth         10,279       

birthday as long as the child continuously attends on a full-time  10,280       

basis any recognized and accredited high school or the order       10,281       

provides that the duty of support of the child continues beyond    10,282       

the child's eighteenth birthday.  Except in cases in which the     10,283       

order provides that the duty of support continues for any period   10,284       

                                                          237    


                                                                 
after the child reaches nineteen years of age, the order shall     10,285       

not remain in effect after the child reaches nineteen years of     10,286       

age.  Any parent ordered to pay support under a child support      10,287       

order issued under this section shall continue to pay support      10,288       

under the order, including during seasonal vacation periods,       10,289       

until the order terminates.                                        10,290       

      (L)(1)  A person who violates a protection order issued or   10,292       

a consent agreement approved under this section is subject to the  10,293       

following sanctions:                                               10,294       

      (a)  Criminal prosecution for a violation of section         10,296       

2919.27 of the Revised Code, if the violation of the protection    10,297       

order or consent agreement constitutes a violation of that         10,298       

section;                                                           10,299       

      (b)  Punishment for contempt of court.                       10,301       

      (2)  The punishment of a person for contempt of court for    10,303       

violation of a protection order issued or a consent agreement      10,304       

approved under this section does not bar criminal prosecution of   10,305       

the person for a violation of section 2919.27 of the Revised       10,306       

Code.  However, a person punished for contempt of court is         10,307       

entitled to credit for the punishment imposed upon conviction of   10,308       

a violation of that section, and a person convicted of a           10,309       

violation of that section shall not subsequently be punished for   10,310       

contempt of court arising out of the same activity.                10,311       

      (M)  In all stages of a proceeding under this section, a     10,313       

petitioner may be accompanied by a victim advocate.                10,314       

      (N)(1)  A petitioner who obtains a protection order or       10,316       

consent agreement under this section or a temporary protection     10,317       

order under section 2919.26 of the Revised Code may provide        10,318       

notice of the issuance or approval of the order or agreement to    10,319       

the judicial and law enforcement officials in any county other                  

than the county in which the order is issued or the agreement is   10,320       

approved by registering that order or agreement in the other       10,321       

county pursuant to division (N)(2) of this section and filing a    10,322       

copy of the registered order or registered agreement with a law    10,323       

                                                          238    


                                                                 
enforcement agency in the other county in accordance with that     10,324       

division.  A person who obtains a protection order issued by a                  

court of another state may provide notice of the issuance of the   10,325       

order to the judicial and law enforcement officials in any county  10,326       

of this state by registering the order in that county pursuant to  10,327       

section 2919.272 of the Revised Code and filing a copy of the      10,328       

registered order with a law enforcement agency in that county.     10,329       

      (2)  A petitioner may register a temporary protection        10,331       

order, protection order, or consent agreement in a county other    10,332       

than the county in which the court that issued the order or        10,333       

approved the agreement is located in the following manner:         10,334       

      (a)  The petitioner shall obtain a certified copy of the     10,336       

order or agreement from the clerk of the court that issued the     10,337       

order or approved the agreement and present that certified copy    10,338       

to the clerk of the court of common pleas or the clerk of a        10,339       

municipal court or county court in the county in which the order   10,340       

or agreement is to be registered.                                  10,341       

      (b)  Upon accepting the certified copy of the order or       10,343       

agreement for registration, the clerk of the court of common       10,344       

pleas, municipal court, or county court shall place an             10,345       

endorsement of registration on the order or agreement and give     10,346       

the petitioner a copy of the order or agreement that bears that    10,347       

proof of registration.                                             10,348       

      (3)  The clerk of each court of common pleas, the clerk of   10,350       

each municipal court, and the clerk of each county court shall     10,351       

maintain a registry of certified copies of temporary protection    10,352       

orders, protection orders, or consent agreements that have been    10,353       

issued or approved by courts in other counties and that have been  10,354       

registered with the clerk.                                         10,355       

      (4)  If a petitioner who obtains a protection order or       10,357       

consent agreement under this section or a temporary protection     10,358       

order under section 2919.26 of the Revised Code wishes to          10,359       

register the order or agreement in any county other than the       10,360       

county in which the order was issued or the agreement was                       

                                                          239    


                                                                 
approved, pursuant to divisions (N)(1) to (3) of this section,     10,361       

and if the petitioner is indigent, both of the following apply:    10,362       

      (a)  If the petitioner submits to the clerk of the court     10,364       

that issued the order or approved the agreement satisfactory       10,365       

proof that the petitioner is indigent, the clerk may waive any     10,366       

fee that otherwise would be required for providing the petitioner  10,367       

with a certified copy of the order or agreement to be used for                  

purposes of divisions (N)(1) to (3) of this section;               10,368       

      (b)  If the petitioner submits to the clerk of the court of  10,370       

common pleas or the clerk of a municipal court or county court in  10,371       

the county in which the order or agreement is to be registered     10,373       

satisfactory proof that the petitioner is indigent, the clerk may  10,374       

waive any fee that otherwise would be required for accepting for                

registration a certified copy of the order or agreement, for       10,375       

placing an endorsement of registration on the order or agreement,  10,376       

or for giving the petitioner a copy of the order or agreement      10,377       

that bears the proof of registration.                              10,378       

      Sec. 3113.99.  (A)  For purposes of this section:            10,387       

      (1)  "Child support order" means an order for support        10,389       

issued or modified under Chapter 3115. or section 2151.23,         10,390       

2151.231, 2151.232, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05,   10,392       

3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised     10,393       

Code.                                                                           

      (2)  "Obligor" means a person who is required to pay         10,395       

support under a child support order.                               10,396       

      (B)  Whoever violates section 3113.06 of the Revised Code    10,398       

is guilty of a misdemeanor of the first degree.  If the offender   10,399       

previously has been convicted of or pleaded guilty to a violation  10,400       

of section 3113.06 of the Revised Code or if the court finds that  10,401       

the offender has failed to pay the cost of child maintenance       10,402       

under section 3113.06 of the Revised Code for a total accumulated  10,403       

period of twenty-six weeks out of one hundred four consecutive     10,404       

weeks, whether or not the twenty-six weeks were consecutive, a                  

violation of section 3113.06 of the Revised Code is a felony of    10,405       

                                                          240    


                                                                 
the fifth degree.                                                  10,406       

      (C)  An obligor who violates division (D)(1)(c) of section   10,409       

3113.21 of the Revised Code shall be fined not more than fifty     10,410       

dollars for a first offense, not more than one hundred dollars     10,411       

for a second offense, and not more than five hundred dollars for   10,412       

each subsequent offense.                                                        

      (D)  An obligor who violates division (G)(2) of section      10,414       

3113.21 of the Revised Code shall be fined not more than fifty     10,415       

dollars for a first offense, not more than one hundred dollars     10,417       

for a second offense, and not more than five hundred dollars for   10,418       

each subsequent offense.                                                        

      (E)  A fine amount imposed pursuant to division (C) or (D)   10,421       

of this section shall be paid to the division of child support in  10,422       

the department of human services or, pursuant to division (H)(4)   10,424       

of section 2301.35 of the Revised Code, the child support          10,426       

enforcement agency.  The amount of the fine that does not exceed   10,428       

the amount of arrearage under the child support order shall be     10,429       

disbursed in accordance with the child support order.  The amount  10,430       

of the fine that exceeds the amount of the arrearage order shall   10,431       

be called program income and collected in accordance with section  10,433       

5101.325 of the Revised Code.                                                   

      Sec. 3115.01.  As used in sections 3115.01 to 3115.59 of     10,442       

the Revised Code:                                                               

      (A)  "Child" means an individual under the age of majority,  10,444       

who is or is alleged to be owed a duty of support by the           10,445       

individual's parent or who is or is alleged to be the beneficiary  10,446       

of a support order directed to the parent.                         10,447       

      (B)  "Child support order" means an order for the support    10,449       

of a child that provides for monetary support, whether current or  10,450       

in arrears, health care, or reimbursements, and may include        10,451       

related costs and fees, interest, income withholding               10,452       

requirements, attorney fees, and other relief.  "Child support     10,453       

order" includes orders:                                                         

      (1)  AN ORDER under which the child has attained the age of  10,456       

                                                          241    


                                                                 
majority under the law of the issuing state and AMOUNTS FOR                     

CURRENT SUPPORT ARE REQUIRED TO BE PAID, OR arrearages are owed,   10,457       

under the order;                                                   10,458       

      (2)  AN ORDER UNDER WHICH THE CHILD HAS ATTAINED THE AGE OF  10,460       

MAJORITY UNDER THE LAWS OF THIS STATE BUT HAS NOT ATTAINED THE     10,461       

AGE OF MAJORITY UNDER THE LAWS OF THE ISSUING STATE AND AMOUNTS    10,462       

FOR CURRENT SUPPORT ARE REQUIRED TO BE PAID, OR ARREARAGES ARE     10,463       

OWED, UNDER THE ORDER.                                                          

      (C)  "Duty of support" means an obligation imposed or that   10,465       

may be imposed under law to provide support for a child, spouse,   10,466       

or former spouse, including an unsatisfied obligation to provide   10,467       

support.                                                                        

      (D)  "Home state" means the state in which a child lived     10,469       

with a parent or a person acting as a parent for at least six      10,470       

consecutive months immediately preceding the time of filing of a   10,471       

complaint or comparable pleading for support and, if a child is    10,472       

less than six months old, the state in which the child lived from  10,473       

birth with any of them.  A period of temporary absence of any of   10,474       

them is counted as part of the six-month or other period.                       

      (E)  "Income" includes earnings or other periodic            10,476       

entitlements to money from any source and any other property       10,477       

subject to withholding for support under the law of this state.    10,478       

      (F)  "Income withholding order" means an order or other      10,480       

legal process directed to an obligor's payor, as defined in        10,481       

sections 3111.20 and 3113.21 of the Revised Code, to withhold      10,483       

support from the income of the obligor.                            10,484       

      (G)  "Initiating state" means a state from which a           10,486       

proceeding is forwarded or in which a proceeding is filed for      10,487       

forwarding to a responding state under sections 3115.01 to         10,488       

3115.59 of the Revised Code or a law or procedure substantially    10,490       

similar to those sections, the uniform reciprocal enforcement of                

support act, or the revised uniform reciprocal enforcement of      10,491       

support act.                                                                    

      (H)  "Initiating tribunal" means the authorized tribunal in  10,493       

                                                          242    


                                                                 
an initiating state.                                               10,494       

      (I)  "Issuing state" means the state in which a tribunal     10,496       

issues a support order or renders a judgment determining           10,497       

parentage.                                                                      

      (J)  "Issuing tribunal" means the tribunal that issues a     10,499       

support order or renders a judgment determining the existence or   10,500       

nonexistence of a parent and child relationship.                   10,501       

      (K)  "Law" includes decisional and statutory law and rules   10,503       

and regulations having the force of law.                           10,504       

      (L)  "Obligee" means any of the following:                   10,506       

      (1)  An individual to whom a duty of support is or is        10,508       

alleged to be owed or in whose favor a support order has been      10,509       

issued or a judgment determining parentage has been rendered;      10,510       

      (2)  A state or political subdivision to which the rights    10,512       

under a duty of support or support order have been assigned or     10,513       

which has independent claims based on financial assistance         10,514       

provided to an individual obligee;                                              

      (3)  An individual seeking a judgment determining parentage  10,516       

of the individual's child.                                         10,517       

      (M)  "Obligor" means an individual, or the estate of a       10,519       

decedent to which any of the following applies:                    10,520       

      (1)  The individual or estate owes or is alleged to owe a    10,522       

duty of support;                                                                

      (2)  The individual is alleged but has not been adjudicated  10,524       

to be a parent of a child;                                         10,525       

      (3)  The individual or estate is liable under a support      10,527       

order.                                                                          

      (N)  "PAYOR" HAS THE SAME MEANING AS IN SECTION 3121.01 OF   10,529       

THE REVISED CODE.                                                  10,530       

      (O)  "Register" means to file a support order or judgment    10,532       

determining the existence or nonexistence of a parent and child    10,533       

relationship in a registering tribunal.                            10,534       

      (O)(P)  "Registering tribunal" means a tribunal in which a   10,536       

support order is registered.                                       10,538       

                                                          243    


                                                                 
      (P)(Q)  "Responding state" means a state in which a          10,540       

proceeding is filed or to which a proceeding is forwarded for      10,542       

filing from an initiating state under sections 3115.01 to 3115.59  10,543       

of the Revised Code or a law or procedure substantially similar    10,545       

to those sections, the uniform reciprocal enforcement of support   10,546       

act, or the revised uniform reciprocal enforcement of support                   

act.                                                                            

      (Q)(R)  "Responding tribunal" means the authorized tribunal  10,548       

in a responding state.                                             10,550       

      (R)(S)  "Revised uniform reciprocal enforcement of support   10,552       

act" means the act addressing interstate enforcement of support    10,554       

orders adopted in 1968 by the national conference of               10,555       

commissioners on uniform state laws or any law substantially       10,556       

similar to the act adopted by another state.                       10,557       

      (S)(T)  "Spousal support order" means an order for the       10,559       

support of a spouse or former spouse that provides for monetary    10,561       

support, whether current or in arrears, health care, or            10,562       

reimbursements, and may include related costs and fees, interest,  10,563       

income withholding requirements, attorney fees, and other relief.  10,564       

      (T)(U)  "State" has the same meaning as in section 1.59 of   10,566       

the Revised Code, except that it also includes both of the         10,568       

following:                                                                      

      (1)  An Indian tribe;                                        10,570       

      (2)  A foreign jurisdiction that has enacted a law or        10,572       

established procedures for issuance and enforcement of support     10,573       

orders that are substantially similar to the procedures under      10,574       

sections 3115.01 to 3115.59 of the Revised Code, the uniform       10,575       

reciprocal enforcement of support act, or the revised uniform      10,576       

reciprocal enforcement of support act.                                          

      (U)(V)  "Support enforcement agency" means a public          10,578       

official or agency authorized to do any of the following:          10,580       

      (1)  Seek enforcement of support orders or laws relating to  10,582       

the duty of support;                                               10,583       

      (2)  Seek establishment or modification of child support;    10,585       

                                                          244    


                                                                 
      (3)  Seek determination of the existence or nonexistence of  10,587       

a parent and child relationship;                                   10,588       

      (4)  Locate obligors or their assets.                        10,590       

      (V)(W)  "Support order" means a spousal support order or     10,592       

child support order.                                               10,593       

      (W)(X)  "Tribunal" means any OF THE FOLLOWING:               10,595       

      (1)  ANY trial court of record of this state and when;       10,599       

      (2)  WHEN THE CONTEXT REQUIRES, ANY SUPPORT ENFORCEMENT      10,601       

AGENCY OF THIS STATE;                                              10,602       

      (3)  WHEN the context requires, a court, administrative      10,604       

agency, or quasi-judicial entity of any other state authorized to  10,606       

establish, enforce, or modify support orders or to determine       10,607       

parentage.                                                                      

      (X)(Y)  "Uniform reciprocal enforcement of support act"      10,609       

means the act addressing interstate enforcement of support orders  10,611       

adopted in 1950 and amended in 1952 and 1958 by the national       10,612       

conference of commissioners on uniform state laws or any law       10,614       

substantially similar to the act adopted by another state.                      

      Sec. 3115.14.  Except as otherwise provided by sections      10,623       

3115.01 to 3115.59 of the Revised Code, a responding tribunal of   10,625       

this state shall apply the procedural and substantive law,         10,626       

including the rules on choice of law, generally applicable to      10,627       

similar proceedings originating in this state and may exercise     10,628       

all powers and provide all remedies available in those             10,629       

proceedings and shall determine the duty of support and the        10,631       

amount of support payable in accordance with sections 3113.21 to   10,632       

3113.219 and sections 3115.01 to 3115.59 AND CHAPTERS 3119.,       10,633       

3121., 3123., AND 3125. of the Revised Code.                       10,635       

      Sec. 3115.16.  (A)  When a responding tribunal of this       10,644       

state receives a complaint or comparable pleading from an          10,646       

initiating tribunal or directly pursuant to section 3115.12 of     10,647       

the Revised Code, it shall cause the complaint or pleading to be   10,648       

filed and notify the plaintiff where and when it was filed.        10,649       

      (B)  A responding tribunal of this state, to the extent      10,651       

                                                          245    


                                                                 
otherwise authorized by law, may do one or more of the following   10,653       

consistent with applicable sections of Chapters 3105., 3109.,      10,654       

3111., and 3113., 3119., 3121., 3123., AND 3125. of the Revised    10,656       

Code:                                                                           

      (1)  Issue or enforce a support order, modify a child        10,658       

support order, or determine the existence or nonexistence of a     10,659       

parent and child relationship;                                     10,660       

      (2)  Order an obligor to comply with a support order,        10,662       

specifying the amount and the manner of compliance;                10,663       

      (3)  Order income withholding;                               10,665       

      (4)  Determine the amount of any arrearages, and specify a   10,667       

method of payment;                                                 10,668       

      (5)  Enforce orders by civil or criminal contempt, or both;  10,670       

      (6)  Set aside property for satisfaction of the support      10,672       

order;                                                             10,673       

      (7)  Place liens and order execution on the obligor's        10,675       

property;                                                          10,676       

      (8)  Order an obligor to keep the tribunal informed of the   10,678       

obligor's current residential address, telephone number,           10,679       

employer, address of employment, and telephone number at the       10,680       

place of employment;                                               10,681       

      (9)  Issue a bench warrant for an obligor who has failed     10,684       

after proper notice to appear at a hearing ordered by the                       

tribunal and enter the bench warrant in any local and state        10,686       

computer systems for criminal warrants;                                         

      (10)  Order the obligor to seek appropriate employment by    10,688       

specified methods;                                                 10,689       

      (11)  Award reasonable attorney's fees and other fees and    10,691       

costs;                                                             10,692       

      (12)  Grant any other available remedy.                      10,694       

      (C)  A responding tribunal of this state shall include in a  10,696       

support order issued under sections 3115.01 to 3115.59 of the      10,698       

Revised Code, or in the documents accompanying the order, the      10,700       

calculations on which the support order is based.                  10,701       

                                                          246    


                                                                 
      (D)  A responding tribunal of this state may not condition   10,703       

the payment of a support order issued under sections 3115.01 to    10,704       

3115.59 of the Revised Code upon compliance by a party with        10,707       

provisions for PARENTING TIME OR visitation.                                    

      (E)  If a responding tribunal of this state issues an order  10,709       

under sections 3115.01 to 3115.59 of the Revised Code, the         10,711       

tribunal shall send a copy of the order to the plaintiff and the   10,713       

defendant and to the initiating tribunal, if any.                  10,714       

      Sec. 3115.31.  (A)  If a support order entitled to           10,723       

recognition under sections 3115.01 to 3115.59 of the Revised Code  10,725       

has not been issued, a responding tribunal of this state may       10,728       

issue a support order if either of the following apply:                         

      (1)  The individual seeking the order resides in another     10,730       

state;                                                             10,731       

      (2)  The support enforcement agency seeking the order is     10,733       

located in another state.                                          10,734       

      (B)  The tribunal may issue a temporary child support order  10,736       

if any of the following apply:                                     10,737       

      (1)  The defendant has signed a verified statement           10,739       

acknowledging that the defendant is the parent of the child;       10,740       

      (2)  The defendant has been determined by or pursuant to     10,742       

law to be the parent;                                              10,743       

      (3)  There is other clear and convincing evidence that the   10,745       

defendant is the child's parent.                                   10,746       

      (C)(1)  If the responding tribunal finds, after giving       10,748       

notice and an opportunity to be heard to the obligor, that the     10,749       

obligor owes a duty of support, it shall issue a support order     10,750       

directed to the obligor and may issue any other order under        10,752       

section 3115.16 of the Revised Code.  Support orders made          10,753       

pursuant to sections 3115.01 to 3115.59 of the Revised Code shall  10,755       

require that payments be made to the division OFFICE of child      10,756       

support in the department of human services.                       10,758       

      (2)  The responding tribunal shall transmit to the           10,760       

initiating tribunal a copy of all orders of support or for         10,761       

                                                          247    


                                                                 
reimbursement of support.                                          10,762       

      (3)  Each order for support made or modified under section   10,765       

3115.16 of the Revised Code, this section, and under former        10,766       

section 3115.22 of the Revised Code on or after December 31,       10,768       

1993, shall include as part of the order a general provision, as   10,770       

described in division (A)(1) of section 3113.21 of the Revised     10,771       

Code, requiring the withholding or deduction of income or assets   10,773       

of the obligor under the order as described in division (D) of     10,774       

section 3113.21 of the Revised Code or another type of             10,777       

appropriate requirement as described in division (D)(3), (D)(4),   10,778       

or (H) of that section, to ensure that withholding or deduction    10,781       

from the income or assets of the obligor is available from the     10,782       

commencement of the support order for collection of the support    10,783       

and of any arrearages that occur; a statement requiring all        10,784       

parties to the order to notify the support enforcement agency in   10,785       

writing of their current mailing address, current residence        10,786       

address, current residence telephone number, current driver's      10,787       

license number, and any changes to that information; and a notice  10,788       

that the requirement to notify the agency of all changes to that   10,790       

information continues until further notice from the tribunal.      10,791       

Any tribunal that makes or modifies an order for support under     10,793       

this section or former section 3115.22 of the Revised Code on or   10,794       

after April 12, 1990, shall comply with sections 3113.21 to        10,796       

3113.219 CHAPTERS 3119., 3121., 3123., AND 3125. of the Revised    10,797       

Code.  If any person required to pay child support under an order  10,799       

made under this section or former section 3115.22 of the Revised   10,801       

Code on or after April 15, 1985, or any person required to pay     10,803       

support under an order made or modified under this section or      10,804       

former section 3115.22 of the Revised Code on or after December    10,805       

31, 1986, is found in contempt of court for failure to make        10,807       

support payments under the order, the tribunal that makes the      10,808       

finding, in addition to any other penalty or remedy imposed,       10,809       

shall assess all court costs arising out of the contempt           10,810       

proceeding against the person and require the person to pay any    10,811       

                                                          248    


                                                                 
reasonable attorney's fees of any adverse party, as determined by  10,812       

the tribunal, that arose in relation to the act of contempt.       10,813       

      Sec. 3115.32.  An income withholding order issued in         10,822       

another state may be sent to the individual or entity defined as   10,823       

the obligor's payor under sections 3111.20 and 3113.21 of the      10,826       

Revised Code without first filing a complaint or comparable        10,828       

pleading or registering the order with a tribunal of this state.   10,829       

      Sec. 3115.33.  (A)  Upon receipt of an income withholding    10,838       

order, the obligor's employer PAYOR shall immediately provide a    10,840       

copy of the order to the obligor.                                  10,842       

      (B)  The employer PAYOR shall treat an income withholding    10,844       

order issued in another state which appears regular on its face    10,845       

as if it had been issued by a tribunal of this state.              10,846       

      (C)  Except as otherwise provided in division (D) of this    10,848       

section and section 3115.34 of the Revised Code, the employer      10,850       

PAYOR shall withhold and distribute the funds as directed in the   10,852       

withholding order by complying with terms of the order that        10,853       

specify:                                                                        

      (1)  The duration and amount of periodic payments of         10,855       

support, stated as a sum certain;                                  10,856       

      (2)  The person or agency designated to receive payments     10,858       

and the address to which the payments are to be forwarded;         10,859       

      (3)  Medical support, whether in the form of periodic cash   10,861       

payment, stated as a sum certain, or ordering the obligor to       10,862       

provide health insurance coverage under a policy available         10,864       

through the obligor's employment PAYOR;                                         

      (4)  The amount of periodic payments of fees and costs for   10,866       

a support enforcement agency, the issuing tribunal, and the        10,867       

obligee's attorney, stated as a sum certain;                       10,868       

      (5)  The amount of periodic payments of arrearages and       10,870       

interest on arrearages, stated as a sum certain.                   10,871       

      (D)  An employer A PAYOR shall comply with the law of the    10,873       

state of the obligor's principal place of employment, IF THE       10,875       

PAYOR IS THE OBLIGOR'S EMPLOYER, OR THE PAYOR'S PRINCIPAL PLACE    10,876       

                                                          249    


                                                                 
OF BUSINESS, IN ALL OTHER CASES, for withholding from income with  10,878       

respect to all of the following:                                                

      (1)  The employer's PAYOR'S fee for processing an income     10,880       

withholding order;                                                 10,882       

      (2)  The maximum amount permitted to be withheld from the    10,884       

obligor's income;                                                  10,885       

      (3)  The times within which the employer PAYOR must          10,887       

implement the withholding order and forward the support payment.   10,889       

      Sec. 3115.34.  If an obligor's employer PAYOR receives       10,898       

multiple income withholding orders with respect to the earnings    10,900       

of the same obligor, the employer PAYOR satisfies the terms of     10,901       

the multiple orders if the employer PAYOR complies with the law    10,902       

of the state of the obligor's principal place of employment, IF    10,904       

THE PAYOR IS THE OBLIGOR'S EMPLOYER, OR THE PAYOR'S PRINCIPAL      10,905       

PLACE OF BUSINESS, IN ALL OTHER CASES, to establish the            10,906       

priorities for withholding and allocating income withheld for      10,907       

multiple support obligees.                                         10,908       

      Sec. 3115.35.  An employer A PAYOR who complies with an      10,917       

income withholding order issued in another state in accordance     10,919       

with sections 3115.32 to 3115.37 of the Revised Code is not        10,921       

subject to civil liability to an individual or agency with regard  10,922       

to the employer's PAYOR'S withholding of support from the                       

obligor's income pursuant to the support order.                    10,923       

      Sec. 3115.36.  An employer A PAYOR who willfully fails to    10,932       

comply with an income withholding order issued by another state    10,934       

and received for enforcement is subject to the same penalties      10,935       

that may be imposed for noncompliance with an order issued by a    10,936       

tribunal of this state.                                            10,937       

      Sec. 3115.37.  (A)  If a person designated as an obligor     10,946       

under an income withholding order issued in another state and      10,947       

received directly by an employer A PAYOR in this state believes    10,949       

that the person is not subject to a support order or does not      10,951       

have a duty of support under any order issued by any tribunal      10,952       

pursuant to which the income withholding order was issued, the                  

                                                          250    


                                                                 
person may CONTACT THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT   10,954       

OF HUMAN SERVICES AND REQUEST THAT THE OFFICE INVESTIGATE WHETHER  10,955       

THE PERSON IS SUBJECT TO SUCH A SUPPORT ORDER OR HAS SUCH A DUTY   10,956       

OF SUPPORT.  NOT LATER THAN FIFTEEN DAYS AFTER THE DATE THE        10,957       

REQUEST IS MADE, THE OFFICE SHALL CONDUCT THE INVESTIGATION AND    10,959       

NOTIFY THE PERSON OF ITS DETERMINATION.  IF THE OFFICE DETERMINES  10,960       

THAT THE PERSON IS SUBJECT TO A SUPPORT ORDER OR DOES HAVE A DUTY  10,961       

OF SUPPORT UNDER ANY ORDER ISSUED BY ANY TRIBUNAL PURSUANT TO      10,962       

WHICH THE INCOME WITHHOLDING ORDER WAS ISSUED, THE PERSON MAY      10,963       

contest the validity or enforcement of the income withholding      10,965       

order by filing an action for declaratory judgment pursuant to     10,966       

Chapter 2721. of the Revised Code in the court of common pleas in  10,968       

the county in which is located the employer's PAYOR'S principal    10,969       

place of business requesting that the court determine whether the  10,970       

person is the obligor subject to a support order or has a duty of  10,971       

support under a support order pursuant to which the income         10,972       

withholding order was issued.                                                   

      (B)  The obligor shall give notice of the action initiated   10,974       

pursuant to Chapter 2721. of the Revised Code to all of the        10,975       

following:                                                                      

      (1)  A support enforcement agency providing services to the  10,977       

obligee;                                                           10,978       

      (2)  Each employer PAYOR that has directly received an       10,980       

income withholding order;                                          10,981       

      (3)  The person or agency designated to receive payments in  10,983       

the income withholding order or, if no person or agency is         10,984       

designated, the obligee.                                           10,985       

      (C)  Notwithstanding sections 3115.32 to 3115.36 of the      10,987       

Revised Code, if the OFFICE DETERMINES, OR THE court issues an     10,988       

order determining, that the person is not an obligor subject to a  10,990       

support order or does not have a duty of support under a support                

order pursuant to which the income withholding order was issued,   10,991       

the employer PAYOR shall not enforce the income withholding order  10,993       

against the person.                                                             

                                                          251    


                                                                 
      Sec. 3115.42.  (A)  When a support order or income           11,002       

withholding order issued in another state is registered,           11,004       

immediately on registration the registering tribunal shall send    11,006       

notice to the nonregistering party of the registration.  The                    

notice must be accompanied by a copy of the registered order and   11,008       

the documents and relevant information described in division (A)   11,009       

of section 3115.39 of the Revised Code.                                         

      (B)  The notice must inform the nonregistering party of all  11,011       

of the following:                                                  11,012       

      (1)  That a registered order that is confirmed pursuant to   11,014       

section 3115.43 or 3115.44 of the Revised Code is enforceable as   11,015       

of the date of registration in the same manner as an order issued  11,016       

by a tribunal of this state;                                       11,017       

      (2)  That a hearing to contest the validity or enforcement   11,019       

of the registered order must be requested pursuant to section      11,020       

3115.43 of the Revised Code no later than twenty days after the    11,022       

date of mailing or personal service of the notice;                              

      (3)  That failure to contest the validity or enforcement of  11,024       

the registered order in a timely manner will result in             11,025       

confirmation of the order and enforcement of the order and the     11,026       

alleged arrearages and precludes further contest of that order     11,027       

with respect to any matter that could have been asserted;          11,028       

      (4)  The amount of any alleged arrearages under the support  11,030       

order.                                                                          

      (C)  On registration of an income withholding order for      11,032       

enforcement, the registering tribunal shall issue a withholding    11,033       

notice to the obligor's employer pursuant to sections 3113.21 to   11,035       

3113.219 CHAPTER 3121. of the Revised Code.                        11,036       

      Sec. 3115.49.  A tribunal OR SUPPORT ENFORCEMENT AGENCY of   11,045       

this state shall recognize a modification of its earlier child     11,047       

support order by a tribunal of another state that assumed          11,048       

jurisdiction pursuant to a law adopted by the other state that is               

substantially similar to sections 3115.01 to 3115.59 of the        11,049       

Revised Code and, upon request, except as otherwise provided in    11,052       

                                                          252    


                                                                 
sections 3115.01 to 3115.59 of the Revised Code, shall do all of   11,053       

the following, AS APPROPRIATE:                                     11,054       

      (A)  Enforce collection of support amounts accruing before   11,057       

the modification of the order;                                                  

      (B)  Enforce only nonmodifiable aspects of that order;       11,059       

      (C)  Provide other appropriate relief only for violations    11,061       

of that order that occurred before the effective date of the       11,062       

modification;                                                      11,063       

      (D)  Recognize the modifying order of the other state, upon  11,065       

registration, for the purpose of enforcement.                      11,066       

      Sec. 3115.52.  (A)  A tribunal OR SUPPORT ENFORCEMENT        11,075       

AGENCY of this state may serve as an initiating or responding      11,078       

tribunal in a proceeding brought under sections 3115.01 to                      

3115.59 of the Revised Code or a law or procedure substantially    11,080       

similar to those sections, the uniform reciprocal enforcement of   11,081       

support act, or the revised uniform reciprocal enforcement of      11,082       

support act to determine the existence or nonexistence of a        11,083       

parent and child relationship with respect to the parties.         11,084       

      (B)  In a proceeding pursuant to division (A) of this        11,086       

section, a responding tribunal of this state shall comply with     11,088       

sections 3111.01 to 3111.19 CHAPTER 3111. of the Revised Code and  11,090       

the rules of this state on choice of law.                          11,092       

      Sec. 3115.56.  (A)  If this state is the responding state,   11,102       

a complaint seeking enforcement, collection, or modification of    11,103       

an existing support order originally issued in this state shall    11,104       

be filed with the tribunal or child support enforcement agency     11,105       

that issued the original order.                                                 

      (B)  An original action under this chapter shall be filed    11,108       

with the appropriate tribunal of the county pursuant to sections   11,109       

2151.23 and 2301.03 of the Revised Code in which the respondent    11,110       

resides or is found.                                               11,111       

      (C)  If an obligor contesting the direct withholding of      11,113       

income under section 3115.37 of the Revised Code is not a          11,115       

resident of this state, the complaint shall be filed with the      11,116       

                                                          253    


                                                                 
appropriate tribunal located in either of the following:           11,117       

      (1)  The county in which the obligor's employer is located,  11,120       

if the order attaches to the income of the obligor paid by the     11,121       

employer;                                                                       

      (2)  The county in which an account is located in a          11,123       

financial institution, if the income withholding order attaches    11,124       

the funds in that account.                                         11,125       

      If venue cannot be determined under division (C)(1) or (2)   11,128       

of this section, the nonresident obligor shall file the complaint  11,129       

with a tribunal located in a county of this state that borders     11,130       

the obligor's county of residence or in Franklin county.           11,132       

      Sec. 3119.01.  (A)  AS USED IN THE REVISED CODE, "CHILD      11,136       

SUPPORT ENFORCEMENT AGENCY" MEANS A CHILD SUPPORT ENFORCEMENT      11,137       

AGENCY DESIGNATED UNDER FORMER SECTION 3125.10 OF THE REVISED      11,138       

CODE OR A PRIVATE OR GOVERNMENT ENTITY DESIGNATED AS A CHILD       11,140       

SUPPORT ENFORCEMENT AGENCY UNDER SECTION 307.981 OF THE REVISED    11,143       

CODE.                                                                           

      (B)  AS USED IN THIS CHAPTER AND CHAPTERS 3121., 3123., AND  11,146       

3125. OF THE REVISED CODE:                                                      

      (1)  "ADMINISTRATIVE CHILD SUPPORT ORDER" MEANS ANY ORDER    11,148       

ISSUED BY A CHILD SUPPORT ENFORCEMENT AGENCY FOR THE SUPPORT OF A  11,150       

CHILD PURSUANT TO SECTION 3109.19 OR 3111.81 OF THE REVISED CODE   11,152       

OR FORMER SECTION 3111.211 OF THE REVISED CODE, SECTION 3111.21    11,153       

OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR TO JANUARY 1,    11,154       

1998, OR SECTION 3111.20 OR 3111.22 OF THE REVISED CODE AS THOSE   11,155       

SECTIONS EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT.    11,156       

      (2)  "CHILD SUPPORT ORDER" MEANS EITHER A COURT CHILD        11,158       

SUPPORT ORDER OR AN ADMINISTRATIVE CHILD SUPPORT ORDER.            11,159       

      (3)  "OBLIGEE" MEANS THE PERSON WHO IS ENTITLED TO RECEIVE   11,161       

THE SUPPORT PAYMENTS UNDER A SUPPORT ORDER.                        11,162       

      (4)  "OBLIGOR" MEANS THE PERSON WHO IS REQUIRED TO PAY       11,164       

SUPPORT UNDER A SUPPORT ORDER.                                     11,165       

      (C)  AS USED IN THIS CHAPTER:                                11,167       

      (1)  "COMBINED GROSS INCOME" MEANS THE COMBINED GROSS        11,169       

                                                          254    


                                                                 
INCOME OF BOTH PARENTS.                                            11,170       

      (2)  "COURT CHILD SUPPORT ORDER" MEANS ANY ORDER ISSUED BY   11,172       

A COURT FOR THE SUPPORT OF A CHILD PURSUANT TO CHAPTER 3115. OF    11,174       

THE REVISED CODE, SECTION 2151.23, 2151.231, 2151.232, 2151.33,    11,175       

2151.36, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,     11,176       

3113.07, 3113.31, 3119.65, 3119.70, OR 3123.07 OF THE REVISED      11,178       

CODE, OR DIVISION (B) OF FORMER SECTION 3113.21 OF THE REVISED     11,179       

CODE.                                                                           

      (3)  "COURT SUPPORT ORDER" MEANS EITHER A COURT CHILD        11,181       

SUPPORT ORDER OR AN ORDER FOR THE SUPPORT OF A SPOUSE ISSUED       11,182       

PURSUANT TO CHAPTER 3115. OF THE REVISED CODE, SECTION 3105.18,    11,184       

3113.31, OR 3123.07 OF THE REVISED CODE, OR DIVISION (B) OF        11,186       

FORMER SECTION 3113.21 OF THE REVISED CODE.                        11,187       

      (4)  "EXTRAORDINARY MEDICAL EXPENSES" MEANS ANY UNINSURED    11,189       

MEDICAL EXPENSES INCURRED FOR A CHILD DURING A CALENDAR YEAR THAT  11,191       

EXCEED ONE HUNDRED DOLLARS.                                                     

      (5)  "INCOME" MEANS EITHER OF THE FOLLOWING:                 11,193       

      (a)  FOR A PARENT WHO IS EMPLOYED TO FULL CAPACITY, THE      11,195       

GROSS INCOME OF THE PARENT;                                        11,196       

      (b)  FOR A PARENT WHO IS UNEMPLOYED OR UNDEREMPLOYED, THE    11,198       

SUM OF THE GROSS INCOME OF THE PARENT AND ANY POTENTIAL INCOME OF  11,200       

THE PARENT.                                                                     

      (6)  "INSURER" MEANS ANY PERSON AUTHORIZED UNDER TITLE       11,203       

XXXIX OF THE REVISED CODE TO ENGAGE IN THE BUSINESS OF INSURANCE   11,204       

IN THIS STATE, ANY HEALTH INSURING CORPORATION, AND ANY LEGAL      11,206       

ENTITY THAT IS SELF-INSURED AND PROVIDES BENEFITS TO ITS           11,207       

EMPLOYEES OR MEMBERS.                                                           

      (7)  "GROSS INCOME" MEANS, EXCEPT AS EXCLUDED IN DIVISION    11,210       

(C)(7) OF THIS SECTION, THE TOTAL OF ALL EARNED AND UNEARNED                    

INCOME FROM ALL SOURCES DURING A CALENDAR YEAR, WHETHER OR NOT     11,212       

THE INCOME IS TAXABLE, AND INCLUDES INCOME FROM SALARIES, WAGES,   11,214       

OVERTIME PAY, AND BONUSES TO THE EXTENT DESCRIBED IN DIVISION (D)  11,215       

OF SECTION 3119.05 OF THE REVISED CODE; COMMISSIONS; ROYALTIES;    11,216       

TIPS; RENTS; DIVIDENDS; SEVERANCE PAY; PENSIONS; INTEREST; TRUST                

                                                          255    


                                                                 
INCOME; ANNUITIES; SOCIAL SECURITY BENEFITS, INCLUDING             11,217       

RETIREMENT, DISABILITY, AND SURVIVOR BENEFITS THAT ARE NOT         11,218       

MEANS-TESTED; WORKERS' COMPENSATION BENEFITS; UNEMPLOYMENT         11,219       

INSURANCE BENEFITS; DISABILITY INSURANCE BENEFITS; BENEFITS THAT   11,220       

ARE NOT MEANS-TESTED AND THAT ARE RECEIVED BY AND IN THE           11,221       

POSSESSION OF THE VETERAN WHO IS THE BENEFICIARY FOR ANY           11,222       

SERVICE-CONNECTED DISABILITY UNDER A PROGRAM OR LAW ADMINISTERED   11,223       

BY THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS OR VETERANS'  11,225       

ADMINISTRATION; SPOUSAL SUPPORT ACTUALLY RECEIVED; AND ALL OTHER   11,226       

SOURCES OF INCOME.  "GROSS INCOME" INCLUDES INCOME OF MEMBERS OF   11,227       

ANY BRANCH OF THE UNITED STATES ARMED SERVICES OR NATIONAL GUARD,  11,228       

INCLUDING, AMOUNTS REPRESENTING BASE PAY, BASIC ALLOWANCE FOR      11,229       

QUARTERS, BASIC ALLOWANCE FOR SUBSISTENCE, SUPPLEMENTAL            11,230       

SUBSISTENCE ALLOWANCE, COST OF LIVING ADJUSTMENT, SPECIALTY PAY,   11,231       

VARIABLE HOUSING ALLOWANCE, AND PAY FOR TRAINING OR OTHER TYPES    11,232       

OF REQUIRED DRILLS; SELF-GENERATED INCOME; AND POTENTIAL CASH      11,233       

FLOW FROM ANY SOURCE.                                              11,234       

      "GROSS INCOME" DOES NOT INCLUDE ANY OF THE FOLLOWING:        11,236       

      (a)  BENEFITS RECEIVED FROM MEANS-TESTED GOVERNMENT          11,239       

ADMINISTERED PROGRAMS, INCLUDING OHIO WORKS FIRST; PREVENTION,     11,240       

RETENTION, AND CONTINGENCY; MEANS-TESTED VETERANS' BENEFITS;       11,241       

SUPPLEMENTAL SECURITY INCOME; FOOD STAMPS; DISABILITY ASSISTANCE;  11,242       

OR OTHER ASSISTANCE FOR WHICH ELIGIBILITY IS DETERMINED ON THE                  

BASIS OF INCOME OR ASSETS;                                         11,243       

      (b)  BENEFITS FOR ANY SERVICE-CONNECTED DISABILITY UNDER A   11,246       

PROGRAM OR LAW ADMINISTERED BY THE UNITED STATES DEPARTMENT OF     11,247       

VETERANS' AFFAIRS OR VETERANS' ADMINISTRATION THAT ARE NOT         11,249       

MEANS-TESTED, THAT HAVE NOT BEEN DISTRIBUTED TO THE VETERAN WHO    11,250       

IS THE BENEFICIARY OF THE BENEFITS, AND THAT ARE IN THE            11,251       

POSSESSION OF THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS    11,253       

OR VETERANS' ADMINISTRATION;                                                    

      (c)  CHILD SUPPORT RECEIVED FOR CHILDREN WHO WERE NOT BORN   11,256       

OR ADOPTED DURING THE MARRIAGE AT ISSUE;                           11,257       

      (d)  AMOUNTS PAID FOR MANDATORY DEDUCTIONS FROM WAGES OTHER  11,260       

                                                          256    


                                                                 
THAN TAXES, SOCIAL SECURITY, OR RETIREMENT IN LIEU OF SOCIAL       11,261       

SECURITY, INCLUDING UNION DUES;                                    11,262       

      (e)  NONRECURRING OR UNSUSTAINABLE INCOME OR CASH FLOW       11,265       

ITEMS;                                                                          

      (f)  ADOPTION ASSISTANCE AND FOSTER CARE MAINTENANCE         11,267       

PAYMENTS MADE PURSUANT TO TITLE IV-E OF THE "SOCIAL SECURITY       11,269       

ACT," 94 STAT. 501, 42 U.S.C.A. 670 (1980), AS AMENDED.            11,270       

      (8)  "NONRECURRING OR UNSUSTAINABLE INCOME OR CASH FLOW      11,272       

ITEM" MEANS AN INCOME OR CASH FLOW ITEM THE PARENT RECEIVES IN     11,274       

ANY YEAR OR FOR ANY NUMBER OF YEARS NOT TO EXCEED THREE YEARS                   

THAT THE PARENT DOES NOT EXPECT TO CONTINUE TO RECEIVE ON A        11,275       

REGULAR BASIS.  "NONRECURRING OR UNSUSTAINABLE INCOME OR CASH      11,276       

FLOW ITEM" DOES NOT INCLUDE A LOTTERY PRIZE AWARD THAT IS NOT      11,277       

PAID IN A LUMP SUM OR ANY OTHER ITEM OF INCOME OR CASH FLOW THAT   11,278       

THE PARENT RECEIVES OR EXPECTS TO RECEIVE FOR EACH YEAR FOR A      11,279       

PERIOD OF MORE THAN THREE YEARS OR THAT THE PARENT RECEIVES AND    11,280       

INVESTS OR OTHERWISE USES TO PRODUCE INCOME OR CASH FLOW FOR A     11,282       

PERIOD OF MORE THAN THREE YEARS.                                                

      (9)(a)  "ORDINARY AND NECESSARY EXPENSES INCURRED IN         11,284       

GENERATING GROSS RECEIPTS" MEANS ACTUAL CASH ITEMS EXPENDED BY     11,285       

THE PARENT OR THE PARENT'S BUSINESS AND INCLUDES DEPRECIATION      11,287       

EXPENSES OF BUSINESS EQUIPMENT AS SHOWN ON THE BOOKS OF A          11,288       

BUSINESS ENTITY.                                                   11,289       

      (b)  EXCEPT AS SPECIFICALLY INCLUDED IN "ORDINARY AND        11,291       

NECESSARY EXPENSES INCURRED IN GENERATING GROSS RECEIPTS" BY       11,292       

DIVISION (C)(9)(a) OF THIS SECTION, "ORDINARY AND NECESSARY        11,294       

EXPENSES INCURRED IN GENERATING GROSS RECEIPTS" DOES NOT INCLUDE   11,295       

DEPRECIATION EXPENSES AND OTHER NONCASH ITEMS THAT ARE ALLOWED AS  11,296       

DEDUCTIONS ON ANY FEDERAL TAX RETURN OF THE PARENT OR THE          11,297       

PARENT'S BUSINESS.                                                 11,298       

      (10)  "PERSONAL EARNINGS" MEANS COMPENSATION PAID OR         11,300       

PAYABLE FOR PERSONAL SERVICES, HOWEVER DENOMINATED, AND INCLUDES   11,302       

WAGES, SALARY, COMMISSIONS, BONUSES, DRAWS AGAINST COMMISSIONS,    11,303       

PROFIT SHARING, VACATION PAY, OR ANY OTHER COMPENSATION.           11,304       

                                                          257    


                                                                 
      (11)  "POTENTIAL INCOME" MEANS BOTH OF THE FOLLOWING FOR A   11,306       

PARENT WHO THE COURT PURSUANT TO A COURT SUPPORT ORDER, OR A       11,307       

CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT TO AN ADMINISTRATIVE     11,308       

CHILD SUPPORT ORDER, DETERMINES IS VOLUNTARILY UNEMPLOYED OR       11,309       

VOLUNTARILY UNDEREMPLOYED:                                         11,310       

      (a)  IMPUTED INCOME THAT THE COURT OR AGENCY DETERMINES THE  11,312       

PARENT WOULD HAVE EARNED IF FULLY EMPLOYED AS DETERMINED FROM THE  11,313       

FOLLOWING CRITERIA:                                                11,314       

      (i)  THE PARENT'S PRIOR EMPLOYMENT EXPERIENCE;               11,316       

      (ii)  THE PARENT'S EDUCATION;                                11,318       

      (iii)  THE PARENT'S PHYSICAL AND MENTAL DISABILITIES, IF     11,320       

ANY;                                                                            

      (iv)  THE AVAILABILITY OF EMPLOYMENT IN THE GEOGRAPHIC AREA  11,322       

IN WHICH THE PARENT RESIDES;                                       11,323       

      (v)  THE PREVAILING WAGE AND SALARY LEVELS IN THE            11,325       

GEOGRAPHIC AREA IN WHICH THE PARENT RESIDES;                       11,326       

      (vi)  THE PARENT'S SPECIAL SKILLS AND TRAINING;              11,328       

      (vii)  WHETHER THERE IS EVIDENCE THAT THE PARENT HAS THE     11,330       

ABILITY TO EARN THE IMPUTED INCOME;                                11,331       

      (viii)  THE AGE AND SPECIAL NEEDS OF THE CHILD FOR WHOM      11,333       

CHILD SUPPORT IS BEING CALCULATED UNDER THIS SECTION;              11,334       

      (ix)  THE PARENT'S INCREASED EARNING CAPACITY BECAUSE OF     11,336       

AGE OR EXPERIENCE;                                                 11,337       

      (x)  REASONABLE CHILD CARE COSTS FOR THE CHILD FOR WHICH     11,339       

CHILD SUPPORT IS BEING CALCULATED UNDER THIS SECTION;              11,340       

      (xi)  ANY OTHER RELEVANT FACTOR.                             11,342       

      (b)  IMPUTED INCOME FROM ANY NONINCOME-PRODUCING ASSETS OF   11,344       

A PARENT, AS DETERMINED FROM THE LOCAL PASSBOOK SAVINGS RATE OR    11,345       

ANOTHER APPROPRIATE RATE AS DETERMINED BY THE COURT OR AGENCY,     11,346       

NOT TO EXCEED THE RATE OF INTEREST SPECIFIED IN DIVISION (A) OF    11,347       

SECTION 1343.03 OF THE REVISED CODE, IF THE INCOME IS              11,348       

SIGNIFICANT.                                                                    

      (12)  "SCHEDULE" MEANS THE BASIC CHILD SUPPORT SCHEDULE SET  11,350       

FORTH IN SECTION 3119.021 OF THE REVISED CODE.                     11,351       

                                                          258    


                                                                 
      (13)  "SELF-GENERATED INCOME" MEANS GROSS RECEIPTS RECEIVED  11,353       

BY A PARENT FROM SELF-EMPLOYMENT, PROPRIETORSHIP OF A BUSINESS,    11,354       

JOINT OWNERSHIP OF A PARTNERSHIP OR CLOSELY HELD CORPORATION, AND  11,355       

RENTS MINUS ORDINARY AND NECESSARY EXPENSES INCURRED BY THE        11,356       

PARENT IN GENERATING THE GROSS RECEIPTS.  "SELF-GENERATED INCOME"  11,357       

INCLUDES EXPENSE REIMBURSEMENTS OR IN-KIND PAYMENTS RECEIVED BY A  11,358       

PARENT FROM SELF-EMPLOYMENT, THE OPERATION OF A BUSINESS, OR       11,359       

RENTS, INCLUDING COMPANY CARS, FREE HOUSING, REIMBURSED MEALS,     11,361       

AND OTHER BENEFITS, IF THE REIMBURSEMENTS ARE SIGNIFICANT AND      11,362       

REDUCE PERSONAL LIVING EXPENSES.                                                

      (14)  "SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES" MEANS A   11,364       

SITUATION IN WHICH THERE IS MORE THAN ONE CHILD WHO IS THE         11,365       

SUBJECT OF AN ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES   11,366       

AND EACH PARENT IS THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF   11,367       

AT LEAST ONE OF THOSE CHILDREN.                                    11,368       

      (15)  "WORKSHEET" MEANS THE APPLICABLE WORKSHEET THAT IS     11,370       

USED TO CALCULATE A PARENT'S CHILD SUPPORT OBLIGATION AS SET       11,372       

FORTH IN SECTIONS 3119.022 AND 3119.023 OF THE REVISED CODE.                    

      Sec. 3119.02.  IN ANY ACTION IN WHICH A COURT CHILD SUPPORT  11,374       

ORDER IS ISSUED OR MODIFIED, IN ANY OTHER PROCEEDING IN WHICH THE  11,376       

COURT DETERMINES THE AMOUNT OF CHILD SUPPORT THAT WILL BE ORDERED  11,377       

TO BE PAID PURSUANT TO A CHILD SUPPORT ORDER, OR WHEN A CHILD      11,378       

SUPPORT ENFORCEMENT AGENCY DETERMINES THE AMOUNT OF CHILD SUPPORT  11,379       

THAT WILL BE PAID PURSUANT TO AN ADMINISTRATIVE CHILD SUPPORT      11,380       

ORDER, THE COURT OR AGENCY SHALL CALCULATE THE AMOUNT OF THE       11,381       

OBLIGOR'S CHILD SUPPORT OBLIGATION IN ACCORDANCE WITH THE BASIC    11,382       

CHILD SUPPORT SCHEDULE, THE APPLICABLE WORKSHEET, AND THE OTHER    11,383       

PROVISIONS OF SECTIONS 3119.02 TO 3119.24 OF THE REVISED CODE.     11,384       

THE COURT OR AGENCY SHALL SPECIFY THE SUPPORT OBLIGATION AS A      11,385       

MONTHLY AMOUNT DUE AND SHALL ORDER THE SUPPORT OBLIGATION TO BE    11,386       

PAID IN PERIODIC INCREMENTS AS IT DETERMINES TO BE IN THE BEST     11,387       

INTEREST OF THE CHILDREN.  IN PERFORMING ITS DUTIES UNDER THIS     11,388       

SECTION, THE COURT OR AGENCY IS NOT REQUIRED TO ACCEPT ANY         11,389       

CALCULATIONS IN A WORKSHEET PREPARED BY ANY PARTY TO THE ACTION    11,390       

                                                          259    


                                                                 
OR PROCEEDING.                                                                  

      Sec. 3119.021.  THE FOLLOWING BASIC CHILD SUPPORT SCHEDULE   11,392       

SHALL BE USED BY ALL COURTS AND CHILD SUPPORT ENFORCEMENT          11,393       

AGENCIES WHEN CALCULATING THE AMOUNT OF CHILD SUPPORT TO BE PAID   11,394       

PURSUANT TO A CHILD SUPPORT ORDER, UNLESS THE COMBINED GROSS       11,396       

INCOME OF THE PARENTS IS MORE THAN ONE HUNDRED EIGHTY THOUSAND     11,398       

DOLLARS:                                                                        

                  BASIC CHILD SUPPORT SCHEDULE                     11,399       

 COMBINED                                                          11,402       

    GROSS                          NUMBER OF CHILDREN              11,404       

   INCOME      ONE       TWO    THREE     FOUR     FIVE      SIX   11,407       

   0-8400      600       600      600      600      600      600   11,408       

     9600      687       695      703      710      718      725   11,409       

    10200     1096      1108     1121     1133     1145     1157   11,410       

    10800     1494      1510     1527     1543     1560     1577   11,411       

    11400     1894      1915     1936     1957     1978     1999   11,412       

    12000     2294      2320     2345     2371     2396     2422   11,413       

    12600     2623      2724     2754     2784     2814     2844   11,414       

    13200     2732      3129     3163     3198     3232     3267   11,415       

    13800     2840      3534     3572     3611     3650     3689   11,416       

    14400     2948      3938     3982     4025     4068     4111   11,417       

    15000     3056      4343     4391     4439     4486     4534   11,418       

    15600     3158      4605     4800     4852     4904     4956   11,419       

    16200     3256      4747     5200     5257     5313     5370   11,420       

    16800     3356      4891     5605     5666     5727     5788   11,421       

    17400     3456      5035     5956     6075     6140     6206   11,422       

    18000     3556      5178     6125     6484     6554     6623   11,423       

    18600     3655      5322     6293     6893     6967     7041   11,424       

    19200     3755      5466     6462     7141     7381     7459   11,425       

    19800     3855      5610     6631     7327     7794     7877   11,426       

    20400     3954      5753     6799     7513     8144     8295   11,427       

    21000     4052      5894     6965     7696     8343     8705   11,428       

    21600     4151      6037     7132     7880     8542     9118   11,429       

    22200     4250      6179     7299     8065     8742     9354   11,430       

                                                          260    


                                                                 
    22800     4349      6321     7466     8250     8943     9569   11,431       

    23400     4447      6464     7633     8435     9143     9783   11,432       

    24000     4546      6606     7801     8620     9344     9998   11,433       

    24600     4645      6749     7698     8805     9544    10212   11,434       

    25200     4744      6892     8135     8990     9745    10427   11,435       

    25800     4843      7034     8303     9174     9945    10641   11,436       

    26400     4942      7177     8470     9359    10146    10856   11,437       

    27000     5040      7319     8637     9544    10346    11070   11,438       

    27600     5139      7462     8805     9729    10546    11285   11,439       

    28200     5238      7604     8972     9914    10747    11499   11,440       

    28800     5337      7747     9139    10099    10947    11714   11,441       

    29400     5434      7885     9300    10276    11140    11919   11,442       

    30000     5531      8023     9460    10453    11331    12124   11,443       

    30600     5628      8161     9619    10629    11522    12329   11,444       

    31200     5725      8299     9779    10805    11713    12533   11,445       

    31800     5812      8422     9922    10963    11884    12716   11,446       

    32400     5892      8536    10052    11108    12041    12884   11,447       

    33000     5972      8649    10183    11253    12198    13052   11,448       

    33600     6051      8762    10314    11397    12355    13220   11,449       

    34200     6131      8875    10445    11542    12512    13388   11,450       

    34800     6211      8988    10576    11687    12669    13555   11,451       

    35400     6291      9102    10707    11832    12826    13723   11,452       

    36000     6370      9215    10838    11976    12982    13891   11,453       

    36600     6450      9328    10969    12121    13139    14059   11,454       

    37200     6527      9440    11102    12268    13299    14230   11,455       

    37800     6607      9552    11236    12416    13459    14401   11,456       

    38400     6680      9665    11370    12564    13619    14573   11,457       

    39000     6756      9777    11504    12712    13780    14744   11,458       

    39600     6833      9889    11638    12860    13940    14916   11,459       

    40200     6909     10001    11772    13008    14100    15087   11,460       

    40800     6984     10111    11903    13153    14258    15256   11,461       

    41400     7059     10222    12035    13299    14416    15425   11,462       

    42000     7135     10332    12167    13445    14574    15594   11,463       

    42600     7210     10443    12299    13590    14732    15763   11,464       

                                                          261    


                                                                 
    43200     7285     10553    12431    13736    14890    15932   11,465       

    43800     7361     10664    12563    13882    15048    16102   11,466       

    44400     7436     10775    12695    14028    15206    16271   11,467       

    45000     7511     10885    12827    14174    15365    16440   11,468       

    45600     7568     10967    12923    14280    15479    16563   11,469       

    46200     7608     11024    12989    14352    15558    16647   11,470       

    46800     7648     11080    13054    14425    15636    16731   11,471       

    47400     7689     11137    13120    14497    15715    16815   11,472       

    48000     7729     11194    13185    14570    15794    16899   11,473       

    48600     7770     11251    13251    14642    15872    16983   11,474       

    49200     7810     11308    13316    14715    15951    17067   11,475       

    49800     7850     11365    13382    14787    16029    17151   11,476       

    50400     7891     11422    13448    14860    16108    17235   11,477       

    51000     7931     11479    13513    14932    16186    17319   11,478       

    51600     7971     11536    13579    15004    16265    17403   11,479       

    52200     8012     11593    13644    15077    16343    17487   11,480       

    52800     8052     11650    13710    15149    16422    17571   11,481       

    53400     8093     11706    13775    15222    16501    17656   11,482       

    54000     8129     11759    13833    15285    16569    17729   11,483       

    54600     8154     11801    13869    15325    16612    17775   11,484       

    55200     8180     11843    13905    15365    16655    17821   11,485       

    55800     8205     11885    13941    15404    16698    17867   11,486       

    56400     8230     11927    13977    15444    16741    17913   11,487       

    57000     8256     11969    14013    15484    16784    17959   11,488       

    57600     8281     12011    14048    15524    16828    18005   11,489       

    58200     8306     12052    14084    15563    16871    18052   11,490       

    58800     8332     12094    14120    15603    16914    18098   11,491       

    59400     8357     12136    14156    15643    16957    18144   11,492       

    60000     8382     12178    14192    15682    17000    18190   11,493       

    60600     8408     12220    14228    15722    17043    18236   11,494       

    61200     8432     12260    14263    15760    17084    18280   11,495       

    61800     8456     12300    14297    15798    17125    18324   11,496       

    62400     8481     12340    14331    15836    17166    18368   11,497       

    63000     8535     12412    14421    15935    17274    18483   11,498       

                                                          262    


                                                                 
    63600     8594     12488    14520    16044    17392    18609   11,499       

    64200     8654     12565    14618    16153    17510    18736   11,500       

    64800     8713     12642    14717    16262    17628    18862   11,501       

    65400     8772     12719    14815    16371    17746    18988   11,502       

    66000     8838     12804    14925    16492    17877    19129   11,503       

    66600     8904     12889    15034    16613    18008    19269   11,504       

    67200     8970     12975    15144    16734    18140    19409   11,505       

    67800     9036     13060    15253    16855    18271    19550   11,506       

    68400     9102     13145    15363    16976    18402    19690   11,507       

    69000     9168     13231    15472    17097    18533    19831   11,508       

    69600     9233     13316    15582    17218    18664    19971   11,509       

    70200     9299     13401    15692    17339    18796    20111   11,510       

    70800     9365     13486    15801    17460    18927    20252   11,511       

    71400     9420     13564    15893    17562    19037    20370   11,512       

    72000     9472     13640    15982    17661    19144    20484   11,513       

    72600     9525     13716    16072    17759    19251    20598   11,514       

    73200     9577     13792    16161    17857    19358    20713   11,515       

    73800     9630     13867    16250    17956    19464    20827   11,516       

    74400     9682     13943    16339    18054    19571    20941   11,517       

    75000     9735     14019    16428    18153    19678    21055   11,518       

    75600     9787     14095    16517    18251    19784    21169   11,519       

    76200     9840     14171    16606    18350    19891    21284   11,520       

    76800     9892     14247    16695    18448    19998    21398   11,521       

    77400     9945     14323    16784    18547    20105    21512   11,522       

    78000     9997     14399    16873    18645    20211    21626   11,523       

    78600    10050     14475    16963    18744    20318    21740   11,524       

    79200    10120     14551    17052    18842    20425    21855   11,525       

    79800    10155     14627    17141    18941    20532    21969   11,526       

    80400    10207     14703    17230    19039    20638    22083   11,527       

    81000    10259     14777    17317    19135    20743    22195   11,528       

    81600    10310     14852    17405    19233    20848    22307   11,529       

    82200    10362     14927    17493    19330    20953    22420   11,530       

    82800    10414     15002    17581    19427    21059    22533   11,531       

    83400    10465     15075    17667    19522    21162    22643   11,532       

                                                          263    


                                                                 
    84000    10516     15147    17751    19615    21262    22751   11,533       

    84600    10566     15220    17835    19708    21363    22858   11,534       

    85200    10617     15292    17919    19800    21464    22966   11,535       

    85800    10667     15364    18003    19893    21564    23074   11,536       

    86400    10718     15436    18087    19986    21665    23181   11,537       

    87000    10768     15509    18171    20079    21766    23289   11,538       

    87600    10819     15581    18255    20172    21866    23397   11,539       

    88200    10870     15653    18339    20265    21967    23504   11,540       

    88800    10920     15725    18423    20357    22067    23612   11,541       

    89400    10971     15797    18507    20450    22168    23720   11,542       

    90000    11021     15870    18591    20543    22269    23827   11,543       

    90600    11072     15942    18675    20636    22369    23935   11,544       

    91200    11122     16014    18759    20729    22470    24043   11,545       

    91800    11173     16086    18843    20821    22570    24150   11,546       

    92400    11223     16159    18927    20914    22671    24258   11,547       

    93000    11274     16231    19011    21007    22772    24366   11,548       

    93600    11324     16303    19095    21100    22872    24473   11,549       

    94200    11375     16375    19179    21193    22973    24581   11,550       

    94800    11426     16447    19263    21286    23074    24689   11,551       

    95400    11476     16520    19347    21378    23174    24796   11,552       

    96000    11527     16592    19431    21471    23275    24904   11,553       

    96600    11577     16664    19515    21564    23375    25012   11,554       

    97200    11628     16736    19599    21657    23476    25119   11,555       

    97800    11678     16809    19683    21750    23577    25227   11,556       

    98400    11729     16881    19767    21843    23677    25335   11,557       

    99000    11779     16953    19851    21935    23778    25442   11,558       

    99600    11830     17025    19935    22028    23879    25550   11,559       

   100200    11880     17098    20020    22122    23980    25659   11,560       

   100800    11929     17167    20101    22212    24078    25763   11,561       

   101400    11978     17238    20184    22303    24177    25869   11,562       

   102000    12027     17308    20266    22394    24275    25975   11,563       

   102600    12076     17379    20349    22485    24374    26080   11,564       

   103200    12125     17449    20431    22577    24473    26186   11,565       

   103800    12174     17520    20514    22668    24572    26292   11,566       

                                                          264    


                                                                 
   104400    12223     17590    20596    22759    24671    26398   11,567       

   105000    12273     17760    20679    22850    24769    26503   11,568       

   105600    12322     17731    20761    22941    24868    26609   11,569       

   106200    12371     17801    20844    23032    24967    26715   11,570       

   106800    12420     17872    20926    23123    25066    26820   11,571       

   107400    12469     17942    21009    23214    25164    26926   11,572       

   108000    12518     18013    21091    23306    25263    27032   11,573       

   108600    12567     18083    21174    23397    25362    27137   11,574       

   109200    12616     18154    21256    23488    25461    27243   11,575       

   109800    12665     18224    21338    23579    25560    27349   11,576       

   110400    12714     18295    21421    23670    25658    27454   11,577       

   111000    12763     18365    21503    23761    25757    27560   11,578       

   111600    12812     18435    21586    23852    25856    27666   11,579       

   112200    12862     18506    21668    23943    25955    27772   11,580       

   112800    12911     18576    21751    24035    26053    27877   11,581       

   113400    12960     18647    21833    24126    26152    27983   11,582       

   114000    13009     18717    21916    24217    26251    28089   11,583       

   114600    13058     18788    21998    24308    26350    28194   11,584       

   115200    13107     18858    22081    24399    26449    28300   11,585       

   115800    13156     18929    22163    24490    26547    28406   11,586       

   116400    13205     18999    22246    24581    26646    28511   11,587       

   117000    13254     19072    22334    24679    26752    28624   11,588       

   117600    13302     19144    22422    24776    26857    28738   11,589       

   118200    13350     19217    22510    24874    26963    28851   11,590       

   118800    13399     19290    22599    24972    27069    28964   11,591       

   119400    13447     19362    22687    25069    27175    29078   11,592       

   120000    13496     19435    22776    25167    27281    29191   11,593       

   120600    13544     19508    22864    25265    27387    29304   11,594       

   121200    13593     19580    22953    25363    27493    29418   11,595       

   121800    13641     19653    23041    25460    27599    29531   11,596       

   122400    13689     19726    23130    25558    27705    29644   11,597       

   123000    13738     19798    23218    25656    27811    29758   11,598       

   123600    13786     19871    23306    25754    27917    29871   11,599       

   124200    13835     19944    23395    25851    28023    29984   11,600       

                                                          265    


                                                                 
   124800    13883     20016    23483    25949    28129    30098   11,601       

   125400    13932     20089    23572    26047    28235    30211   11,602       

   126000    13980     20162    23660    26145    28341    30325   11,603       

   126600    14029     20234    23749    26242    28447    30438   11,604       

   127200    14077     20307    23837    26340    28553    30551   11,605       

   127800    14125     20380    23926    26438    28659    30665   11,606       

   128400    14174     20452    24014    26536    28764    30778   11,607       

   129000    14222     20525    24102    26633    28870    30891   11,608       

   129600    14271     20598    24191    26731    28976    31005   11,609       

   130200    14319     20670    24279    26829    29082    31118   11,610       

   130800    14368     20743    24368    26926    29188    31231   11,611       

   131400    14416     20816    24456    27024    29294    31345   11,612       

   132000    14461     20883    24538    27114    29392    31450   11,613       

   132600    14505     20949    24619    27204    29489    31553   11,614       

   133200    14549     21016    24700    27294    29586    31657   11,615       

   133800    14584     21068    24763    27363    29662    31738   11,616       

   134400    14607     21102    24806    27411    29713    31793   11,617       

   135000    14630     21137    24849    27458    29765    31848   11,618       

   135600    14653     21172    24892    27506    29816    31903   11,619       

   136200    14676     21207    24935    27553    29867    31958   11,620       

   136800    14699     21242    24978    27600    29919    32013   11,621       

   137400    14722     21277    25021    27648    29970    32068   11,622       

   138000    14745     21311    25064    27695    30022    32123   11,623       

   138600    14768     21346    25106    27743    30073    32178   11,624       

   139200    14791     21381    25149    27790    30124    32233   11,625       

   139800    14814     21416    25192    27838    30176    32288   11,626       

   140400    14837     21451    25235    27885    30227    32343   11,627       

   141000    14860     21485    25278    27932    30279    32398   11,628       

   141600    14883     21520    25321    27980    30330    32453   11,629       

   142200    14906     21555    25364    28027    30382    32508   11,630       

   142800    14930     21590    25407    28075    30433    32563   11,631       

   143400    14953     21625    25450    28122    30484    32618   11,632       

   144000    14976     21660    25493    28170    30536    32673   11,633       

   144600    14999     21694    25536    28217    30587    32728   11,634       

                                                          266    


                                                                 
   145200    15022     21729    25579    28264    30639    32783   11,635       

   145800    15045     21764    25622    28312    30690    32838   11,636       

   146400    15068     21799    25664    28359    30741    32893   11,637       

   147000    15091     21834    25707    28407    30793    32948   11,638       

   147600    15114     21868    25750    28454    30844    33003   11,639       

   148200    15137     21903    25793    28502    30896    33058   11,640       

   148800    15160     21938    25836    28549    30947    33113   11,641       

   149400    15183     21973    25879    28596    30999    33168   11,642       

   150000    15206     22008    25922    28644    31050    33223   11,643       

   150600    15229     22043    25965    28691    31101    33278   11,644       

   151200    15252     22077    26008    28739    31153    33333   11,645       

   151800    15275     22112    26051    28786    31204    33388   11,646       

   152400    15319     22176    26126    28869    31294    33485   11,647       

   153000    15372     22251    26214    28966    31399    33597   11,648       

   153600    15424     22326    26301    29063    31504    33710   11,649       

   154200    15476     22401    26389    29160    31609    33822   11,650       

   154800    15528     22476    26477    29257    31715    33935   11,651       

   155400    15581     22551    26565    29354    31820    34047   11,652       

   156000    15633     22626    26652    29451    31925    34159   11,653       

   156600    15685     22701    26740    29548    32030    34272   11,654       

   157200    15737     22776    26828    29645    32135    34384   11,655       

   157800    15790     22851    26915    29741    32240    34497   11,656       

   158400    15842     22926    27003    29838    32345    34609   11,657       

   159000    15894     23001    27091    29935    32450    34721   11,658       

   159600    15946     23076    27178    30032    32555    34834   11,659       

   160200    15999     23151    27266    30129    32660    34946   11,660       

   160800    16051     23226    27354    30226    32765    35059   11,661       

   161400    16103     23300    27442    30323    32870    35171   11,662       

   162000    16155     23375    27529    30420    32975    35283   11,663       

   162600    16208     23450    27617    30517    33080    35396   11,664       

   163200    16260     23525    27705    30614    33185    35508   11,665       

   163800    16312     23600    27792    30711    33290    35621   11,666       

   164400    16364     23675    27880    30807    33395    35733   11,667       

   165000    16417     23750    27968    30904    33500    35845   11,668       

                                                          267    


                                                                 
   165600    16469     23825    28055    31001    33605    35958   11,669       

   166200    16521     23900    28143    31098    33710    36070   11,670       

   166800    16574     23975    28231    31195    33815    36183   11,671       

   167400    16626     24050    28319    31292    33920    36295   11,672       

   168000    16678     24125    28406    31389    34026    36407   11,673       

   168600    16730     24200    28494    31486    34131    36520   11,674       

   169200    16783     24275    28582    31583    34236    36632   11,675       

   169800    16835     24350    28669    31680    34341    36745   11,676       

   170400    16887     24425    28757    31776    34446    36857   11,677       

   171000    16939     24500    28845    31873    34551    36969   11,678       

   171600    16992     24575    28932    31970    34656    37082   11,679       

   172200    17044     24650    29020    32067    34761    37194   11,680       

   172800    17096     24725    29108    32164    34866    37307   11,681       

   173400    17148     24800    29195    32261    34971    37419   11,682       

   174000    17201     24875    29283    32358    35076    37531   11,683       

   174600    17253     24950    29371    32455    35181    37644   11,684       

   175200    17305     25025    29459    32552    35286    37756   11,685       

   175800    17357     25100    29546    32649    35391    37869   11,686       

   176400    17410     25175    29634    32746    35496    37981   11,687       

   177000    17462     25250    29722    32842    35601    38093   11,688       

   177600    17514     25324    29809    32939    35706    38206   11,689       

   178200    17566     25399    29897    33036    35811    38318   11,690       

   178800    17619     25474    29985    33133    35916    38431   11,691       

   179400    17671     25549    30072    33230    36021    38543   11,692       

   180000    17723     25624    30160    33327    36126    38655   11,693       

      Sec. 3119.022.  WHEN A COURT OR CHILD SUPPORT ENFORCEMENT    11,696       

AGENCY CALCULATES THE AMOUNT OF CHILD SUPPORT TO BE PAID PURSUANT  11,699       

TO A CHILD SUPPORT ORDER IN A PROCEEDING IN WHICH ONE PARENT IS    11,700       

THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF ALL OF THE CHILDREN  11,701       

WHO ARE THE SUBJECT OF THE CHILD SUPPORT ORDER OR IN WHICH THE     11,702       

COURT ISSUES A SHARED PARENTING ORDER, THE COURT OR AGENCY SHALL   11,704       

USE A WORKSHEET IDENTICAL IN CONTENT AND FORM TO THE FOLLOWING:    11,705       

 CHILD SUPPORT COMPUTATION WORKSHEET SOLE RESIDENTIAL PARENT OR    11,707       

                     SHARED PARENTING ORDER                                     

                                                          268    


                                                                 
NAME OF PARTIES .................................................  11,709       

CASE NO. ........................................................  11,710       

NUMBER OF MINOR CHILDREN ........................................  11,712       

THE FOLLOWING PARENT WAS DESIGNATED AS RESIDENTIAL PARENT AND      11,714       

LEGAL CUSTODIAN:  ...... MOTHER ...... FATHER  ...... SHARED       11,715       

                                 COLUMN I  COLUMN II  COLUMN III   11,719       

                                  FATHER     MOTHER    COMBINED    11,722       

INCOME                                                             11,725       

1.a.  ANNUAL GROSS INCOME FROM                                     11,728       

     EMPLOYMENT OR, WHEN                                                        

     DETERMINED APPROPRIATE BY                                     11,729       

     THE COURT OR AGENCY,                                                       

     AVERAGE ANNUAL GROSS INCOME                                   11,730       

     FROM EMPLOYMENT OVER A                                        11,731       

     REASONABLE PERIOD OF YEARS.                                   11,732       

     (EXCLUDE OVERTIME, BONUSES,                                                

     SELF-EMPLOYMENT INCOME, OR                                    11,733       

     COMMISSIONS)...............  $......     $......              11,734       

b.   AMOUNT OF OVERTIME,                                           11,735       

     BONUSES, AND COMMISSIONS                                      11,736       

     (YEAR 1 REPRESENTING THE                                      11,737       

     MOST RECENT YEAR)                                                          

            FATHER                  MOTHER                         11,739       

     YR. 3 $.............    YR. 3 $.............                  11,741       

      (THREE YEARS AGO)       (THREE YEARS AGO)                    11,743       

     YR. 2 $.............    YR. 2 $.............                  11,745       

       (TWO YEARS AGO)         (TWO YEARS AGO)                     11,747       

     YR. 1 $.............    YR. 1 $.............                  11,749       

     (LAST CALENDAR YEAR)    (LAST CALENDAR YEAR)                  11,751       

     AVERAGE $...........    $...................                  11,753       

     (INCLUDE IN COL. I AND/OR                                     11,757       

     COL. II THE AVERAGE OF THE                                    11,758       

     THREE YEARS OR THE YEAR 1                                     11,759       

     AMOUNT, WHICHEVER IS LESS,                                    11,760       

                                                          269    


                                                                 
     IF THERE EXISTS A                                                          

     REASONABLE EXPECTATION THAT                                   11,761       

     THE TOTAL EARNINGS FROM                                                    

     OVERTIME AND/OR BONUSES                                       11,762       

     DURING THE CURRENT CALENDAR                                   11,763       

     YEAR WILL MEET OR EXCEED                                                   

     THE AMOUNT THAT IS THE                                        11,764       

     LOWER OF THE AVERAGE OF THE                                   11,765       

     THREE YEARS OR THE YEAR 1                                                  

     AMOUNT.  IF, HOWEVER, THERE                                   11,766       

     EXISTS A REASONABLE                                           11,767       

     EXPECTATION THAT THE TOTAL                                                 

     EARNINGS FROM                                                 11,768       

     OVERTIME/BONUSES DURING THE                                   11,769       

     CURRENT CALENDAR YEAR WILL                                                 

     BE LESS THAN THE LOWER OF                                     11,770       

     THE AVERAGE OF THE 3 YEARS                                    11,771       

     OR THE YEAR 1 AMOUNT,                                                      

     INCLUDE ONLY THE AMOUNT                                       11,772       

     REASONABLY EXPECTED TO BE                                     11,773       

     EARNED THIS YEAR.).........  $......     $......              11,774       

                                                                                

2.   FOR SELF-EMPLOYMENT INCOME:                                   11,777       

a.   GROSS RECEIPTS FROM                                           11,779       

     BUSINESS...................  $......     $......              11,780       

b.   ORDINARY AND NECESSARY                                        11,781       

     BUSINESS EXPENSES..........  $......     $......              11,783       

c.   5.6% OF ADJUSTED GROSS                                        11,784       

     INCOME OR THE ACTUAL                                          11,785       

     MARGINAL DIFFERENCE BETWEEN                                   11,786       

     THE ACTUAL RATE PAID BY THE                                                

     SELF-EMPLOYED INDIVIDUAL                                      11,787       

     AND THE F.I.C.A. RATE......  $......     $......              11,789       

                                                          270    


                                                                 
d.   ADJUSTED GROSS INCOME FROM                                    11,791       

     SELF-EMPLOYMENT (SUBTRACT                                                  

     THE SUM OF 2b AND 2c FROM                                     11,794       

     2a)........................  $......     $......              11,795       

                                                                                

3.   ANNUAL INCOME FROM INTEREST                                   11,797       

     AND DIVIDENDS (WHETHER OR                                     11,798       

     NOT TAXABLE)...............  $......     $......              11,800       

                                                                                

4.   ANNUAL INCOME FROM                                            11,802       

     UNEMPLOYMENT COMPENSATION..  $......     $......              11,804       

                                                                                

5.   ANNUAL INCOME FROM WORKERS'                                   11,806       

     COMPENSATION, DISABILITY                                      11,807       

     INSURANCE BENEFITS, OR                                        11,808       

     SOCIAL SECURITY                                                            

     DISABILITY/RETIREMENT                                                      

     BENEFITS...................  $......     $......              11,809       

                                                                                

6.   OTHER ANNUAL INCOME                                           11,811       

     (IDENTIFY).................  $......     $......              11,813       

                                                                                

7.   TOTAL ANNUAL GROSS INCOME                                     11,815       

     (ADD LINES 1a, 1b, 2d, AND                                    11,817       

     3-6).......................  $......     $......                           

                                                                                

ADJUSTMENTS TO INCOME                                              11,821       

8.   ADJUSTMENT FOR MINOR                                          11,823       

     CHILDREN BORN TO OR ADOPTED                                   11,824       

     BY EITHER PARENT AND                                          11,825       

     ANOTHER PARENT WHO ARE                                        11,826       

     LIVING WITH THIS PARENT;                                                   

     ADJUSTMENT DOES NOT APPLY                                     11,827       

     TO STEPCHILDREN (NUMBER OF                                    11,828       

                                                          271    


                                                                 
     CHILDREN TIMES FEDERAL                                                     

     INCOME TAX EXEMPTION)......  $......     $......              11,830       

                                                                                

9.   ANNUAL COURT-ORDERED                                          11,832       

     SUPPORT PAID FOR OTHER                                        11,833       

     CHILDREN...................  $......     $......              11,834       

                                                                                

10.  ANNUAL COURT-ORDERED                                          11,836       

     SPOUSAL SUPPORT PAID TO ANY                                   11,837       

     SPOUSE OR FORMER SPOUSE....  $......     $......              11,839       

                                                                                

11.  AMOUNT OF LOCAL INCOME                                        11,841       

     TAXES ACTUALLY PAID OR                                        11,842       

     ESTIMATED TO BE PAID.......  $......     $......              11,843       

                                                                                

12.  MANDATORY WORK-RELATED                                        11,845       

     DEDUCTIONS SUCH AS UNION                                      11,846       

     DUES, UNIFORM FEES, ETC.                                      11,847       

     (NOT INCLUDING TAXES,                                                      

     SOCIAL SECURITY, OR                                           11,848       

     RETIREMENT)................  $......     $......              11,849       

                                                                                

13.  TOTAL GROSS INCOME                                            11,851       

     ADJUSTMENTS (ADD LINES 8                                                   

     THROUGH 12)................  $......     $......              11,853       

                                                                                

14.  ADJUSTED ANNUAL GROSS                                         11,855       

     INCOME (SUBTRACT LINE 13                                                   

     FROM LINE 7)...............  $......     $......              11,857       

                                                                                

15.  COMBINED ANNUAL INCOME THAT                                   11,859       

     IS BASIS FOR CHILD SUPPORT                                    11,860       

     ORDER (ADD LINE 14, COL. I                                    11,861       

     AND COL. II)...............                      $.........   11,863       

                                                          272    


                                                                 
                                                                                

16.  PERCENTAGE OF PARENT'S                                        11,865       

     INCOME TO TOTAL INCOME                                        11,866       

a.   FATHER (DIVIDE LINE 14,                                       11,869       

     COL. I, BY LINE 15, COL.                                      11,870       

     III)......................%                                                

b.   MOTHER (DIVIDE LINE 14,                                       11,873       

     COL. II, BY LINE 15, COL.                                     11,874       

     III)......................%                                                

17.a. BASIC COMBINED CHILD                                         11,877       

     SUPPORT OBLIGATION (REFER                                     11,878       

     TO SCHEDULE, FIRST COLUMN,                                    11,879       

     LOCATE THE AMOUNT NEAREST                                                  

     TO THE AMOUNT ON LINE 15,                                     11,881       

     COL. III, THEN REFER TO                                       11,882       

     COLUMN FOR NUMBER OF                                                       

     CHILDREN IN THIS FAMILY.                                                   

     IF THE INCOME OF THE                                          11,883       

     PARENTS IS MORE THAN ONE                                      11,884       

     SUM BUT LESS THAN ANOTHER,                                    11,885       

     YOU MAY CALCULATE THE                                                      

     DIFFERENCE.)...............                         $......   11,886       

b.   ANY NON-MEANS-TESTED                                          11,887       

     BENEFITS, INCLUDING SOCIAL                                    11,888       

     SECURITY AND VETERANS'                                        11,889       

     BENEFITS, PAID TO AND                                         11,890       

     RECEIVED BY A CHILD OR A                                                   

     CHILD'S REPRESENTATIVE DUE                                    11,891       

     TO DEATH, DISABILITY, OR                                      11,892       

     RETIREMENT OF THE PARENT...                         $......   11,893       

c.   BASIC COMBINED CHILD                                          11,894       

     SUPPORT OBLIGATION                                            11,895       

     (SUBTRACT LINE 17b FROM                                       11,896       

     17a).......................                         $......   11,897       

                                                          273    


                                                                 
                                                                                

18.  ANNUAL SUPPORT OBLIGATION PER PARENT                          11,900       

a.   FATHER (MULTIPLY LINE 17c,                                    11,902       

     COL. III, BY LINE 16a).....  $......                          11,904       

b.   MOTHER (MULTIPLY LINE 17c,                                    11,905       

     COL. III, BY LINE 16b).....              $......              11,907       

                                                                                

19.  ANNUAL CHILD CARE EXPENSES                                    11,909       

     FOR CHILDREN WHO ARE THE                                      11,910       

     SUBJECT OF THIS ORDER THAT                                    11,911       

     ARE WORK-, EMPLOYMENT                                                      

     TRAINING-, OR                                                 11,912       

     EDUCATION-RELATED, AS                                                      

     APPROVED BY THE COURT OR                                      11,913       

     AGENCY (DEDUCT TAX CREDIT                                     11,914       

     FROM ANNUAL COST, WHETHER                                                  

     OR NOT CLAIMED)............  $......     $......              11,915       

                                                                                

20.  MARGINAL, OUT-OF-POCKET                                       11,917       

     COSTS, NECESSARY TO PROVIDE                                   11,918       

     FOR HEALTH INSURANCE FOR                                      11,919       

     THE CHILDREN WHO ARE THE                                                   

     SUBJECT OF THIS ORDER......  $......     $......              11,921       

                                                                                

21.  ADJUSTMENTS TO CHILD SUPPORT                                  11,924       

  FATHER (ONLY IF OBLIGOR OR         MOTHER (ONLY IF OBLIGOR OR    11,929       

      SHARED PARENTING)                  SHARED PARENTING)                      

a.   ADDITIONS:  LINE 16a          b.   ADDITIONS:  LINE 16b       11,937       

     TIMES SUM OF AMOUNTS               TIMES SUM OF AMOUNTS                    

     SHOWN ON LINE 19, COL. II          SHOWN ON LINE 19, COL. I   11,938       

     AND LINE 20, COL. II               AND LINE 20, COL. I        11,940       

                       $......                            $......  11,940       

c.   SUBTRACTIONS:  LINE 16b       d.   SUBTRACTIONS:  LINE 16a    11,947       

     TIMES SUM OF AMOUNTS               TIMES SUM OF AMOUNTS       11,948       

                                                          274    


                                                                 
     SHOWN ON LINE 19, COL. I           SHOWN ON LINE 19, COL. II  11,949       

     AND LINE 20, COL. I                AND LINE 20, COL. II       11,951       

                       $......                            $......  11,951       

                                                                                

22.  OBLIGATION BEFORE ADJUSTMENT FOR THE TIME THE CHILDREN ARE    11,954       

IN THE PHYSICAL CUSTODY OF THE OBLIGOR:                            11,955       

a.   FATHER:  LINE 18a PLUS LINE                                   11,958       

     21a MINUS LINE 21c (IF THE                                    11,959       

     AMOUNT ON LINE 21c IS                                         11,960       

     GREATER THAN OR EQUAL TO                                      11,961       

     THE AMOUNT ON LINE 21a OR                                     11,962       

     IF 21a AND 21c ARE NOT                                                     

     APPLICABLE--ENTER THE                                         11,963       

     NUMBER ON LINE 18a IN COL.                                    11,964       

     I).........................  $......                          11,966       

b.   MOTHER:  LINE 18b PLUS LINE                                   11,968       

     21b MINUS LINE 21d (IF THE                                    11,969       

     AMOUNT ON LINE 21d IS                                         11,970       

     GREATER THAN OR EQUAL TO                                      11,971       

     THE AMOUNT ON LINE 21b OR                                     11,972       

     IF 21b AND 21d ARE NOT                                        11,973       

     APPLICABLE--ENTER THE                                                      

     NUMBER ON LINE 18b IN COL.                                    11,974       

     II)........................              $......              11,975       

                                                                                

ADJUSTMENT FOR THE TIME THE CHILDREN ARE IN THE PHYSICAL CUSTODY   11,978       

OF THE OBLIGOR                                                     11,979       

23.a.  NUMBER OF OVERNIGHTS    ..........                          11,981       

b.   PERCENTAGE ADJUSTMENT FROM                                    11,983       

     THE PTA TABLE IN SECTION                                      11,984       

     3119.15 OF THE REVISED CODE. ......%                          11,985       

c.   PTA (MULTIPLY LINE 17c,                                       11,987       

     COL. III TIMES LINE 23b AND                                   11,988       

     ENTER THE PRODUCT.  WITH                                                   

                                                          275    


                                                                 
     RESPECT TO ORDERS PURSUANT                                    11,990       

     TO WHICH AN EXISTING                                                       

     ADJUSTMENT IS BEING REMOVED                                   11,991       

     FOR OBLIGOR'S FAILURE TO                                                   

     EXERCISE 25% OR MORE OF                                       11,992       

     COURT ORDERED TIME WITH THE                                   11,993       

     CHILDREN--ENTER ZERO.).....  $......                                       

                                                                                

24.  ACTUAL ANNUAL OBLIGATION                                      11,995       

     (SUBTRACT LINE 23c FROM                                       11,997       

     LINE 22a OR 22b, WHICHEVER                                                 

     LINE CORRESPONDS TO THE                                       11,998       

     PARENT WHO IS THE OBLIGOR).  $......                                       

                                                                                

25.a. DEVIATION FROM SOLE RESIDENTIAL PARENT SUPPORT AMOUNT SHOWN  12,004       

     ON LINE 24 IF AMOUNT WOULD BE UNJUST OR INAPPROPRIATE: (SEE   12,005       

     SECTION 3119.23 OF THE REVISED CODE.) (SPECIFIC FACTS AND     12,007       

     MONETARY VALUE MUST BE STATED.)                               12,008       

.................................................................  12,009       

.................................................................  12,010       

.................................................................  12,011       

.................................................................  12,012       

b.   DEVIATION FROM SHARED PARENTING ORDER: (SEE SECTIONS 3119.23  12,014       

     AND 3119.24 OF THE REVISED CODE.) (SPECIFIC FACTS INCLUDING   12,015       

     AMOUNT OF TIME CHILDREN SPEND WITH EACH PARENT THAT IS NOT    12,016       

     ADEQUATELY PROVIDED FOR BY THE ADJUSTMENT IN LINE 23,                      

     ABILITY OF EACH PARENT TO MAINTAIN ADEQUATE HOUSING FOR       12,018       

     CHILDREN, AND EACH PARENT'S EXPENSES FOR CHILDREN MUST BE     12,019       

     STATED TO JUSTIFY DEVIATION.)                                 12,020       

.................................................................  12,021       

.................................................................  12,022       

.................................................................  12,023       

.................................................................  12,024       

                                                                                

                                                          276    


                                                                 
26.  FINAL FIGURE (THIS AMOUNT                                     12,028       

     REFLECTS FINAL ANNUAL CHILD                                   12,029       

     SUPPORT OBLIGATION; LINE 24                                                

     PLUS OR MINUS ANY AMOUNTS                                     12,030       

     INDICATED IN LINE 25a OR                                      12,032       

     25b).......................  $......  FATHER/MOTHER,          12,033       

                                              OBLIGOR              12,034       

                                                                                

27.  FOR DECREE:  CHILD SUPPORT                                    12,037       

     PER MONTH (DIVIDE OBLIGOR'S                                                

     ANNUAL SHARE, LINE 26, BY                                     12,038       

     12) PLUS ANY PROCESSING                                                    

     CHARGE.....................  $......                          12,040       

                                                                                

PREPARED BY:                                                       12,043       

COUNSEL:  ....................     PRO SE:  .....................  12,046       

     (FOR MOTHER/FATHER)                                           12,047       

CSEA:  .......................     OTHER:  ......................  12,049       

           WORKSHEET HAS BEEN REVIEWED AND AGREED TO:              12,051       

.......................................  ........................  12,053       

MOTHER                                   DATE                      12,055       

.......................................  ........................  12,057       

FATHER                                   DATE                      12,059       

      Sec. 3119.023.  WHEN A COURT OR CHILD SUPPORT ENFORCEMENT    12,061       

AGENCY CALCULATES THE AMOUNT OF CHILD SUPPORT TO BE PAID PURSUANT  12,063       

TO A COURT CHILD SUPPORT ORDER IN A PROCEEDING IN WHICH THE        12,064       

PARENTS HAVE SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES WITH       12,065       

RESPECT TO THE CHILDREN WHO ARE THE SUBJECT OF THE CHILD SUPPORT   12,066       

ORDER, THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY SHALL USE A   12,067       

WORKSHEET THAT IS IDENTICAL IN CONTENT AND FORM TO THE FOLLOWING:  12,068       

  CHILD SUPPORT COMPUTATION WORKSHEET SPLIT PARENTAL RIGHTS AND    12,070       

                        RESPONSIBILITIES                                        

NAME OF PARTIES .................................................  12,072       

CASE NO. ........................................................  12,074       

                                                          277    


                                                                 
NUMBER OF MINOR CHILDREN ........................................  12,076       

NUMBER OF MINOR CHILDREN WITH MOTHER .......... FATHER ..........  12,078       

                                 COLUMN I  COLUMN II  COLUMN III   12,082       

                                  FATHER     MOTHER    COMBINED    12,085       

INCOME                                                             12,088       

1.a.  ANNUAL GROSS INCOME FROM                                     12,090       

     EMPLOYMENT OR, WHEN                                                        

     DETERMINED APPROPRIATE BY                                     12,091       

     THE COURT OR AGENCY,                                                       

     AVERAGE ANNUAL GROSS INCOME                                                

     FROM EMPLOYMENT OVER A                                        12,092       

     REASONABLE PERIOD OF YEARS.                                                

     (EXCLUDE OVERTIME, BONUSES,                                   12,093       

     SELF-EMPLOYMENT INCOME, OR                                                 

     COMMISSIONS)...............  $......     $......              12,094       

b.   AMOUNT OF OVERTIME,                                           12,095       

     BONUSES, AND COMMISSIONS                                                   

     (YEAR 1 REPRESENTING THE                                      12,096       

     MOST RECENT YEAR)                                                          

            FATHER                  MOTHER                         12,098       

     YR. 3 $.............    YR. 3 $.............                  12,100       

      (THREE YEARS AGO)       (THREE YEARS AGO)                    12,102       

     YR. 2 $.............    YR. 2 $.............                  12,104       

       (TWO YEARS AGO)         (TWO YEARS AGO)                     12,106       

     YR. 1 $.............    YR. 1 $.............                  12,108       

     (LAST CALENDAR YEAR)    (LAST CALENDAR YEAR)                  12,110       

     AVERAGE $...........    $...................                  12,112       

     (INCLUDE IN COL. I AND/OR                                     12,116       

     COL. II THE AVERAGE OF THE                                                 

     THREE YEARS OR THE YEAR 1                                     12,117       

     AMOUNT, WHICHEVER IS LESS,                                    12,118       

     IF THERE EXISTS A                                                          

     REASONABLE EXPECTATION THAT                                   12,119       

     THE TOTAL EARNINGS FROM                                       12,120       

                                                          278    


                                                                 
     OVERTIME AND/OR BONUSES                                                    

     DURING THE CURRENT CALENDAR                                   12,121       

     YEAR WILL MEET OR EXCEED                                                   

     THE AMOUNT THAT IS THE                                        12,122       

     LOWER OF THE AVERAGE OF THE                                   12,123       

     THREE YEARS OR THE YEAR 1                                                  

     AMOUNT.  IF, HOWEVER, THERE                                   12,124       

     EXISTS A REASONABLE                                           12,125       

     EXPECTATION THAT THE TOTAL                                                 

     EARNINGS FROM                                                 12,126       

     OVERTIME/BONUSES DURING THE                                   12,127       

     CURRENT CALENDAR YEAR WILL                                                 

     BE LESS THAN THE LOWER OF                                     12,128       

     THE AVERAGE OF THE 3 YEARS                                    12,129       

     OR THE YEAR 1 AMOUNT,                                                      

     INCLUDE ONLY THE AMOUNT                                       12,130       

     REASONABLY EXPECTED TO BE                                     12,131       

     EARNED THIS YEAR.).........  $......     $......              12,132       

                                                                                

2.   FOR SELF-EMPLOYMENT INCOME                                    12,135       

a.   GROSS RECEIPTS FROM                                           12,137       

     BUSINESS ..................  $......     $......              12,138       

                                                                                

b.   ORDINARY AND NECESSARY                                        12,140       

     BUSINESS EXPENSES .........  $......     $......              12,141       

                                                                                

c.   5.6% OF ADJUSTED GROSS                                        12,143       

     INCOME OR THE ACTUAL                                          12,144       

     MARGINAL DIFFERENCE BETWEEN                                                

     THE ACTUAL RATE PAID BY THE                                   12,145       

     SELF-EMPLOYED INDIVIDUAL                                                   

     AND THE F.I.C.A. RATE......  $......     $......              12,147       

                                                                                

                                                          279    


                                                                 
d.   ADJUSTED GROSS INCOME FROM                                    12,150       

     SELF-EMPLOYMENT (SUBTRACT                                                  

     THE SUM OF 2b AND 2c FROM                                     12,152       

     2a)........................  $......     $......                           

                                                                                

3.   ANNUAL INCOME FROM INTEREST                                   12,154       

     AND DIVIDENDS (WHETHER OR                                     12,155       

     NOT TAXABLE)...............  $......     $......              12,156       

                                                                                

4.   ANNUAL INCOME FROM                                            12,158       

     UNEMPLOYMENT COMPENSATION..  $......     $......              12,160       

                                                                                

5.   ANNUAL INCOME FROM WORKERS'                                   12,162       

     COMPENSATION, DISABILITY                                      12,163       

     INSURANCE BENEFITS OR                                                      

     SOCIAL SECURITY                                                            

     DISABILITY/RETIREMENT                                         12,164       

     BENEFITS...................  $......     $......              12,165       

                                                                                

6.   OTHER ANNUAL INCOME                                           12,167       

     (IDENTIFY).................  $......     $......              12,168       

                                                                                

7.   TOTAL ANNUAL GROSS INCOME                                     12,170       

     (ADD LINES 1a, 1b, 2d, AND                                    12,172       

     3-6).......................  $......     $......              12,173       

                                                                                

ADJUSTMENTS TO INCOME                                              12,177       

8.   ADJUSTMENT FOR MINOR                                          12,179       

     CHILDREN BORN TO OR ADOPTED                                   12,180       

     BY EITHER PARENT AND                                          12,181       

     ANOTHER PARENT WHO ARE                                        12,182       

     LIVING WITH THIS PARENT;                                                   

     ADJUSTMENT DOES NOT APPLY                                     12,183       

     TO STEPCHILDREN (NUMBER OF                                    12,184       

                                                          280    


                                                                 
     CHILDREN TIMES FEDERAL                                                     

     INCOME TAX EXEMPTION)......  $......     $......              12,186       

                                                                                

9.   ANNUAL COURT-ORDERED                                          12,188       

     SUPPORT PAID FOR OTHER                                        12,189       

     CHILDREN...................  $......     $......              12,190       

                                                                                

10.  ANNUAL COURT-ORDERED                                          12,192       

     SPOUSAL SUPPORT PAID TO ANY                                   12,193       

     SPOUSE OR FORMER SPOUSE....  $......     $......              12,195       

                                                                                

11.  AMOUNT OF LOCAL INCOME                                        12,197       

     TAXES ACTUALLY PAID OR                                        12,198       

     ESTIMATED TO BE PAID.......  $......     $......              12,199       

                                                                                

12.  MANDATORY WORK-RELATED                                        12,201       

     DEDUCTIONS SUCH AS UNION                                      12,202       

     DUES, UNIFORM FEES, ETC.                                      12,203       

     (NOT INCLUDING TAXES,                                                      

     SOCIAL SECURITY, OR                                           12,204       

     RETIREMENT)................  $......     $......              12,205       

                                                                                

13.  TOTAL GROSS INCOME                                            12,207       

     ADJUSTMENTS (ADD LINES 8                                      12,208       

     THROUGH 12)................  $......     $......              12,209       

                                                                                

14.  ADJUSTED ANNUAL GROSS                                         12,211       

     INCOME (SUBTRACT LINE 13                                      12,212       

     FROM 7)....................  $......     $......              12,213       

                                                                                

15.  COMBINED ANNUAL INCOME THAT                                   12,215       

     IS BASIS FOR CHILD SUPPORT                                    12,216       

     ORDER (ADD LINE 14, COL. I                                    12,217       

     AND COL. II)...............                      $.........   12,219       

                                                          281    


                                                                 
                                                                                

16.  PERCENTAGE OF PARENT'S                                        12,221       

     INCOME TO TOTAL INCOME                                                     

a.   FATHER (DIVIDE LINE 14,                                       12,223       

     COL. I, BY LINE 15, COL.                                                   

     III) .....................%                                   12,224       

b.   MOTHER (DIVIDE LINE 14,                                       12,226       

     COL. II, BY LINE 15, COL.                                     12,227       

     III)......................%                                                

                                                                                

17.a. BASIC COMBINED CHILD                                         12,231       

     SUPPORT OBLIGATION (REFER                                     12,232       

     TO SCHEDULE, FIRST COLUMN,                                    12,233       

     LOCATE THE AMOUNT NEAREST                                     12,234       

     TO THE AMOUNT ON LINE 15,                                     12,235       

     COL. III, THEN REFER TO                                                    

     COLUMN FOR NUMBER OF                                          12,236       

     CHILDREN WITH THIS PARENT.                                    12,237       

     IF THE INCOME OF THE                                                       

     PARENTS IS MORE THAN ONE                                      12,238       

     SUM BUT LESS THAN ANOTHER,                                    12,239       

     YOU MAY CALCULATE THE                                                      

     DIFFERENCE)................  FOR CHILDREN    FOR CHILDREN     12,242       

                                  FOR WHOM THE    FOR WHOM THE                  

                                  MOTHER IS THE   FATHER IS THE    12,243       

                                  RESIDENTIAL     RESIDENTIAL                   

                                  PARENT AND      PARENT AND                    

                                  LEGAL           LEGAL                         

                                  CUSTODIAN       CUSTODIAN                     

                                  $.............  $.............   12,244       

b.   ANY NON-MEANS-TESTED                                          12,245       

     BENEFITS, INCLUDING SOCIAL                                    12,246       

     SECURITY AND VETERAN'S                                                     

     BENEFITS, PAID TO AND                                         12,247       

                                                          282    


                                                                 
     RECEIVED BY A CHILD OR A                                                   

     CHILD'S REPRESENTATIVE DUE                                    12,248       

     TO DEATH, DISABILITY, OR                                      12,249       

     RETIREMENT OF THE PARENT...  FOR CHILDREN    FOR CHILDREN     12,252       

                                  FOR WHOM THE    FOR WHOM THE                  

                                  MOTHER IS THE   FATHER IS THE    12,253       

                                  RESIDENTIAL     RESIDENTIAL                   

                                  PARENT AND      PARENT AND                    

                                  LEGAL           LEGAL                         

                                  CUSTODIAN       CUSTODIAN                     

                                  $.............  $.............   12,254       

c.   BASIC COMBINED CHILD                                          12,255       

     SUPPORT OBLIGATION                                                         

     (SUBTRACT LINE 17b FROM                                       12,256       

     LINE 17a)..................  OF FATHER FOR   OF MOTHER FOR    12,260       

                                  CHILDREN FOR    CHILDREN FOR                  

                                  WHOM THE        WHOM THE         12,261       

                                  MOTHER IS THE   FATHER IS THE                 

                                  RESIDENTIAL     RESIDENTIAL                   

                                  PARENT AND      PARENT AND       12,262       

                                  LEGAL           LEGAL                         

                                  CUSTODIAN       CUSTODIAN                     

                                  $.............  $.............   12,263       

                                                                                

18.  ANNUAL SUPPORT OBLIGATION PER PARENT                          12,266       

a.   OF FATHER FOR CHILDREN FOR                                    12,269       

     WHOM MOTHER IS THE                                                         

     RESIDENTIAL PARENT AND                                        12,270       

     LEGAL CUSTODIAN (MULTIPLY                                     12,271       

     LINE 17c, COL. I, BY LINE                                     12,272       

     16a).......................  $......                          12,273       

b.   OF MOTHER FOR CHILDREN FOR                                    12,274       

     WHOM THE FATHER IS THE                                        12,275       

     RESIDENTIAL PARENT AND                                        12,276       

                                                          283    


                                                                 
     LEGAL CUSTODIAN (MULTIPLY                                     12,277       

     LINE 17c, COL. II, BY LINE                                    12,278       

     16b).......................              $......              12,279       

                                                                                

19.  ANNUAL CHILD CARE EXPENSES                                    12,281       

     FOR CHILDREN WHO ARE THE                                      12,282       

     SUBJECT OF THIS ORDER THAT                                    12,283       

     ARE WORK-, EMPLOYMENT                                                      

     TRAINING-, OR                                                 12,284       

     EDUCATION-RELATED, AS                                                      

     APPROVED BY THE COURT OR                                      12,285       

     AGENCY (DEDUCT TAX CREDIT                                                  

     FROM ANNUAL COST WHETHER OR                                   12,286       

     NOT CLAIMED)...............  PAID BY     PAID BY              12,290       

                                   FATHER      MOTHER              12,291       

                                  $......     $......              12,292       

                                                                                

20.  MARGINAL, OUT-OF-POCKET                                       12,294       

     COSTS, NECESSARY TO PROVIDE                                   12,295       

     FOR HEALTH INSURANCE FOR                                      12,296       

     THE CHILDREN WHO ARE THE                                                   

     SUBJECT OF THIS ORDER......  PAID BY     PAID BY              12,301       

                                   FATHER      MOTHER              12,302       

                                  $......     $......              12,303       

                                                                                

21.  ADJUSTMENTS TO CHILD SUPPORT                                  12,307       

            FATHER                             MOTHER              12,310       

a.   ADDITIONS:  LINE 16a          b.   ADDITIONS:  LINE 16b       12,318       

     TIMES SUM OF AMOUNTS               TIMES SUM OF AMOUNTS                    

     SHOWN ON LINE 19, COL. II          SHOWN ON LINE 19, COL. I   12,320       

     AND LINE 20, COL. II               AND LINE 20, COL. I        12,322       

                       $......                            $......  12,322       

c.   SUBTRACTIONS:  LINE 16b       d.   SUBTRACTIONS:  LINE 16a    12,327       

     TIMES SUM OF AMOUNTS               TIMES SUM OF AMOUNTS       12,328       

                                                          284    


                                                                 
     SHOWN ON LINE 19, COL. I           SHOWN ON LINE 19, COL. II  12,329       

     AND LINE 20, COL. I                AND LINE 20, COL. II       12,331       

                       $......                            $......  12,331       

                                                                                

22.  ACTUAL ANNUAL OBLIGATION:                                     12,334       

a.   FATHER:  LINE 18a PLUS LINE                                   12,338       

     21a MINUS LINE 21c (IF THE                                    12,339       

     AMOUNT ON LINE 21c IS                                         12,340       

     GREATER THAN OR EQUAL TO                                      12,341       

     THE AMOUNT ON LINE 21a--                                                   

     ENTER THE NUMBER ON LINE                                      12,343       

     18a IN COL. I).............  $......                          12,345       

b.   MOTHER:  LINE 18b PLUS LINE                                   12,348       

     21b MINUS LINE 21d (IF THE                                    12,349       

     AMOUNT ON LINE 21d IS                                         12,350       

     GREATER THAN OR EQUAL TO                                      12,351       

     THE AMOUNT ON LINE                                            12,352       

     21b--ENTER THE NUMBER ON                                                   

     LINE 18b IN COL. II).......              $......              12,355       

c.   NET CHILD SUPPORT PAYABLE                                     12,357       

     (SUBTRACT LESSER OBLIGATION                                                

     FROM GREATER OBLIGATION)...  $......     $......              12,359       

                                                                                

23.  DEVIATION FROM SPLIT RESIDENTIAL PARENT GUIDELINE AMOUNT      12,363       

     SHOWN ON LINE 22a OR 22b IF AMOUNT WOULD BE UNJUST OR         12,365       

     INAPPROPRIATE: (SEE SECTION 3119.23 OF THE REVISED CODE.)     12,368       

     (SPECIFIC FACTS AND MONETARY VALUE MUST BE STATED.)           12,369       

.................................................................  12,370       

.................................................................  12,371       

.................................................................  12,372       

.................................................................  12,373       

                                                                                

24.  FINAL FIGURE  (THIS AMOUNT                                    12,376       

     REFLECTS FINAL ANNUAL CHILD                                   12,377       

                                                          285    


                                                                 
     SUPPORT OBLIGATION; LINE                                      12,378       

     22c PLUS OR MINUS ANY                                         12,379       

     AMOUNTS INDICATED IN LINE                                                  

     23.).......................  $......  FATHER/MOTHER,          12,380       

                                              OBLIGOR              12,381       

                                                                                

25.  FOR DECREE:  CHILD SUPPORT                                    12,383       

     PER MONTH (DIVIDE OBLIGOR'S                                   12,385       

     ANNUAL SHARE, LINE 24, BY                                                  

     12) PLUS ANY PROCESSING                                                    

     CHARGE.....................  $......                          12,387       

                                                                                

                                                                                

PREPARED BY:                                                       12,391       

COUNSEL:  ....................     PRO SE:  .....................  12,394       

     (FOR MOTHER/FATHER)                                           12,395       

CSEA:  .......................     OTHER:  ......................  12,397       

           WORKSHEET HAS BEEN REVIEWED AND AGREED TO:              12,399       

.......................................  ........................  12,401       

MOTHER                                   DATE                      12,403       

.......................................  ........................  12,405       

FATHER                                   DATE                      12,407       

      Sec. 3119.024.  AT LEAST ONCE EVERY FOUR YEARS, THE          12,409       

DEPARTMENT OF HUMAN SERVICES SHALL REVIEW THE BASIC CHILD SUPPORT  12,410       

SCHEDULE SET FORTH IN SECTION 3119.021 OF THE REVISED CODE TO      12,411       

DETERMINE WHETHER CHILD SUPPORT ORDERS ISSUED IN ACCORDANCE WITH   12,412       

THE SCHEDULE AND WORKSHEETS ADEQUATELY PROVIDE FOR THE NEEDS OF    12,413       

THE CHILDREN WHO ARE SUBJECT TO THE CHILD SUPPORT ORDERS, PREPARE  12,414       

A REPORT OF ITS REVIEW, AND SUBMIT A COPY OF THE REPORT TO BOTH    12,415       

HOUSES OF THE GENERAL ASSEMBLY.                                                 

      FOR EACH REVIEW, THE DEPARTMENT SHALL ESTABLISH A CHILD      12,418       

SUPPORT GUIDELINE ADVISORY COUNCIL TO ASSIST THE DEPARTMENT IN     12,420       

THE COMPLETION OF ITS REVIEWS AND REPORTS.  EACH COUNCIL SHALL BE  12,422       

COMPOSED OF OBLIGORS; OBLIGEES; JUDGES OF COURTS OF COMMON PLEAS                

                                                          286    


                                                                 
WHO HAVE JURISDICTION OVER DOMESTIC RELATIONS CASES; ATTORNEYS     12,423       

WHOSE PRACTICE INCLUDES A SIGNIFICANT NUMBER OF DOMESTIC           12,424       

RELATIONS CASES; REPRESENTATIVES OF CHILD SUPPORT ENFORCEMENT      12,425       

AGENCIES; OTHER PERSONS INTERESTED IN THE WELFARE OF CHILDREN;     12,426       

THREE MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT OF THE      12,427       

SENATE, NO MORE THAN TWO OF WHOM ARE MEMBERS OF THE SAME PARTY;    12,428       

AND THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY     12,429       

THE SPEAKER OF THE HOUSE, NO MORE THAN TWO OF WHOM ARE MEMBERS OF  12,430       

THE SAME PARTY.                                                    12,431       

      THE DEPARTMENT SHALL CONSIDER INPUT FROM THE COUNCIL PRIOR   12,434       

TO THE COMPLETION OF ANY REPORT UNDER THIS SECTION.                12,435       

      THE ADVISORY COUNCIL SHALL CEASE TO EXIST AT THE TIME THAT   12,438       

IT SUBMITS ITS REPORT TO THE GENERAL ASSEMBLY.                                  

      ANY EXPENSES INCURRED BY AN ADVISORY COUNCIL SHALL BE PAID   12,442       

BY THE DEPARTMENT.                                                              

      ON OR BEFORE THE FIRST DAY OF MARCH OF EVERY FOURTH YEAR     12,445       

AFTER 1993, THE DEPARTMENT SHALL SUBMIT A REPORT UNDER THIS                     

DIVISION TO BOTH HOUSES OF THE GENERAL ASSEMBLY.                   12,446       

      Sec. 3119.03.  IN ANY ACTION OR PROCEEDING IN WHICH THE      12,448       

COURT DETERMINES THE AMOUNT OF CHILD SUPPORT THAT WILL BE ORDERED  12,450       

TO BE PAID PURSUANT TO A CHILD SUPPORT ORDER OR AT ANY TIME A      12,451       

CHILD SUPPORT ENFORCEMENT AGENCY DETERMINES THE AMOUNT OF CHILD    12,452       

SUPPORT THAT WILL BE PAID PURSUANT TO AN ADMINISTRATIVE CHILD      12,453       

SUPPORT ORDER, THE AMOUNT OF CHILD SUPPORT THAT WOULD BE PAYABLE   12,454       

UNDER A CHILD SUPPORT ORDER, AS CALCULATED PURSUANT TO THE BASIC   12,457       

CHILD SUPPORT SCHEDULE AND APPLICABLE WORKSHEET THROUGH THE LINE   12,459       

ESTABLISHING THE ACTUAL ANNUAL OBLIGATION, IS REBUTTABLY PRESUMED  12,461       

TO BE THE CORRECT AMOUNT OF CHILD SUPPORT DUE.                                  

      Sec. 3119.04.  IF THE COMBINED GROSS INCOME OF BOTH PARENTS  12,463       

IS GREATER THAN ONE HUNDRED EIGHTY THOUSAND DOLLARS PER YEAR, THE  12,465       

COURT, WITH RESPECT TO A COURT CHILD SUPPORT ORDER, OR THE CHILD   12,466       

SUPPORT ENFORCEMENT AGENCY, WITH RESPECT TO AN ADMINISTRATIVE      12,467       

CHILD SUPPORT ORDER, SHALL DETERMINE THE AMOUNT OF THE OBLIGOR'S   12,468       

CHILD SUPPORT OBLIGATION ON A CASE-BY-CASE BASIS AND SHALL         12,469       

                                                          287    


                                                                 
CONSIDER THE NEEDS AND THE STANDARD OF LIVING OF THE CHILDREN WHO  12,470       

ARE THE SUBJECT OF THE CHILD SUPPORT ORDER AND OF THE PARENTS.     12,471       

THE COURT OR AGENCY SHALL COMPUTE A BASIC COMBINED CHILD SUPPORT   12,472       

OBLIGATION THAT IS NO LESS THAN THE OBLIGATION THAT WOULD HAVE     12,473       

BEEN COMPUTED UNDER THE BASIC CHILD SUPPORT SCHEDULE AND           12,475       

APPLICABLE WORKSHEET FOR A COMBINED GROSS INCOME OF ONE HUNDRED    12,476       

EIGHTY THOUSAND DOLLARS, UNLESS THE COURT OR AGENCY DETERMINES     12,478       

THAT IT WOULD BE UNJUST OR INAPPROPRIATE AND WOULD NOT BE IN THE   12,479       

BEST INTEREST OF THE CHILD, OBLIGOR, OR OBLIGEE TO ORDER THAT      12,480       

AMOUNT.  IF THE COURT OR AGENCY MAKES SUCH A DETERMINATION, IT     12,481       

SHALL ENTER IN THE JOURNAL THE FIGURE, DETERMINATION, AND          12,482       

FINDINGS.                                                                       

      Sec. 3119.05.  WHEN A COURT COMPUTES THE AMOUNT OF CHILD     12,484       

SUPPORT REQUIRED TO BE PAID UNDER A COURT CHILD SUPPORT ORDER OR   12,485       

A CHILD SUPPORT ENFORCEMENT AGENCY COMPUTES THE AMOUNT OF CHILD    12,486       

SUPPORT TO BE PAID PURSUANT TO AN ADMINISTRATIVE CHILD SUPPORT     12,487       

ORDER, ALL OF THE FOLLOWING APPLY:                                 12,488       

      (A)  THE PARENTS' CURRENT AND PAST INCOME AND PERSONAL       12,492       

EARNINGS SHALL BE VERIFIED BY ELECTRONIC MEANS OR WITH SUITABLE    12,493       

DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, PAYSTUBS, EMPLOYER       12,494       

STATEMENTS, RECEIPTS AND EXPENSE VOUCHERS RELATED TO               12,495       

SELF-GENERATED INCOME, TAX RETURNS, AND ALL SUPPORTING             12,496       

DOCUMENTATION AND SCHEDULES FOR THE TAX RETURNS.                                

      (B)  THE AMOUNT OF ANY PRE-EXISTING CHILD SUPPORT            12,498       

OBLIGATION OF A PARENT UNDER A CHILD SUPPORT ORDER AND THE AMOUNT  12,499       

OF ANY COURT-ORDERED SPOUSAL SUPPORT ACTUALLY PAID SHALL BE        12,501       

DEDUCTED FROM THE GROSS INCOME OF THAT PARENT TO THE EXTENT THAT   12,502       

PAYMENT UNDER THE CHILD SUPPORT ORDER OR THAT PAYMENT OF THE       12,503       

COURT-ORDERED SPOUSAL SUPPORT IS VERIFIED BY SUPPORTING                         

DOCUMENTATION.                                                     12,504       

      (C)  IF OTHER MINOR CHILDREN WHO WERE BORN TO THE PARENT     12,507       

AND A PERSON OTHER THAN THE OTHER PARENT WHO IS INVOLVED IN THE    12,509       

IMMEDIATE CHILD SUPPORT DETERMINATION LIVE WITH THE PARENT, THE    12,510       

COURT OR AGENCY SHALL DEDUCT AN AMOUNT FROM THAT PARENT'S GROSS    12,511       

                                                          288    


                                                                 
INCOME THAT EQUALS THE NUMBER OF SUCH MINOR CHILDREN TIMES THE     12,512       

FEDERAL INCOME TAX EXEMPTION FOR SUCH CHILDREN, NOT EXCEEDING THE  12,513       

FEDERAL INCOME TAX EXEMPTION.                                      12,515       

      (D)  WHEN THE COURT OR AGENCY CALCULATES THE GROSS INCOME    12,517       

OF A PARENT, IT SHALL INCLUDE THE LESSER OF THE FOLLOWING AS       12,518       

INCOME FROM OVERTIME AND BONUSES:                                  12,519       

      (1)  THE YEARLY AVERAGE OF ALL OVERTIME, COMMISSIONS, AND    12,521       

BONUSES RECEIVED DURING THE THREE YEARS IMMEDIATELY PRIOR TO THE   12,523       

TIME WHEN THE PERSON'S CHILD SUPPORT OBLIGATION IS BEING           12,524       

COMPUTED;                                                                       

      (2)  THE TOTAL OVERTIME, COMMISSIONS, AND BONUSES RECEIVED   12,527       

DURING THE YEAR IMMEDIATELY PRIOR TO THE TIME WHEN THE PERSON'S    12,528       

CHILD SUPPORT OBLIGATION IS BEING COMPUTED.                        12,529       

      (E)  WHEN THE COURT OR AGENCY CALCULATES THE GROSS INCOME    12,531       

OF A PARENT, IT SHALL NOT INCLUDE ANY INCOME EARNED BY THE SPOUSE  12,532       

OF THAT PARENT.                                                    12,533       

      (F)  THE COURT SHALL NOT ORDER AN AMOUNT OF CHILD SUPPORT    12,536       

FOR REASONABLE AND ORDINARY UNINSURED MEDICAL OR DENTAL EXPENSES   12,537       

IN ADDITION TO THE AMOUNT OF THE CHILD SUPPORT OBLIGATION          12,538       

DETERMINED IN ACCORDANCE WITH THE SCHEDULE.  THE COURT SHALL       12,539       

ISSUE A SEPARATE ORDER FOR EXTRAORDINARY MEDICAL OR DENTAL         12,540       

EXPENSES, INCLUDING, BUT NOT LIMITED TO, ORTHODONTIA,                           

PSYCHOLOGICAL, APPROPRIATE PRIVATE EDUCATION, AND OTHER EXPENSES,  12,541       

AND MAY CONSIDER THE EXPENSES IN ADJUSTING A CHILD SUPPORT ORDER.  12,542       

      (G)  WHEN A COURT OR AGENCY CALCULATES THE AMOUNT OF CHILD   12,544       

SUPPORT TO BE PAID PURSUANT TO A COURT CHILD SUPPORT ORDER OR AN   12,545       

ADMINISTRATIVE CHILD SUPPORT ORDER, IF THE COMBINED GROSS INCOME   12,546       

OF BOTH PARENTS IS AN AMOUNT THAT IS BETWEEN TWO AMOUNTS SET       12,547       

FORTH IN THE FIRST COLUMN OF THE SCHEDULE, THE COURT OR AGENCY     12,548       

MAY USE THE BASIC CHILD SUPPORT OBLIGATION THAT CORRESPONDS TO     12,549       

THE HIGHER OF THE TWO AMOUNTS IN THE FIRST COLUMN OF THE           12,550       

SCHEDULE, USE THE BASIC CHILD SUPPORT OBLIGATION THAT CORRESPONDS  12,551       

TO THE LOWER OF THE TWO AMOUNTS IN THE FIRST COLUMN OF THE         12,552       

SCHEDULE, OR CALCULATE A BASIC CHILD SUPPORT OBLIGATION THAT IS    12,553       

                                                          289    


                                                                 
BETWEEN THOSE TWO AMOUNTS AND CORRESPONDS PROPORTIONALLY TO THE    12,554       

PARENTS' ACTUAL COMBINED GROSS INCOME.                             12,555       

      (H)  WHEN THE COURT OR AGENCY CALCULATES GROSS INCOME, THE   12,557       

COURT OR AGENCY, WHEN APPROPRIATE, MAY AVERAGE INCOME OVER A       12,558       

REASONABLE PERIOD OF YEARS.                                        12,559       

      (I)  A COURT OR AGENCY SHALL NOT DETERMINE A PARENT          12,561       

RECEIVING MEANS-TESTED PUBLIC ASSISTANCE BENEFITS TO BE            12,562       

VOLUNTARILY UNEMPLOYED OR UNDEREMPLOYED AND SHALL NOT IMPUTE       12,563       

INCOME TO THAT PARENT, UNLESS NOT MAKING SUCH DETERMINATION AND    12,564       

NOT IMPUTING INCOME WOULD BE UNJUST, INAPPROPRIATE, AND NOT IN     12,565       

THE BEST INTEREST OF THE CHILD.                                                 

      (J)  WHEN A COURT OR AGENCY REQUIRES A PARENT TO PAY AN      12,567       

AMOUNT FOR THAT PARENT'S FAILURE TO SUPPORT A CHILD FOR A PERIOD   12,568       

OF TIME PRIOR TO THE DATE THE COURT MODIFIES OR ISSUES A COURT     12,569       

CHILD SUPPORT ORDER OR AN AGENCY MODIFIES OR ISSUES AN             12,570       

ADMINISTRATIVE CHILD SUPPORT ORDER FOR THE CURRENT SUPPORT OF THE  12,571       

CHILD, THE COURT OR AGENCY SHALL CALCULATE THAT AMOUNT USING THE   12,572       

BASIC CHILD SUPPORT SCHEDULE, WORKSHEETS, AND CHILD SUPPORT LAWS                

IN EFFECT, AND THE INCOMES OF THE PARENTS AS THEY EXISTED, FOR     12,573       

THAT PRIOR PERIOD OF TIME.                                         12,574       

      Sec. 3119.06.  EXCEPT AS OTHERWISE PROVIDED IN THIS          12,576       

SECTION, IN ANY ACTION IN WHICH A COURT ISSUES OR MODIFIES A       12,577       

CHILD SUPPORT ORDER OR IN ANY OTHER PROCEEDING IN WHICH A COURT    12,579       

DETERMINES THE AMOUNT OF CHILD SUPPORT TO BE PAID PURSUANT TO A    12,580       

CHILD SUPPORT ORDER, THE COURT SHALL ISSUE A MINIMUM SUPPORT       12,582       

ORDER REQUIRING THE OBLIGOR TO PAY A MINIMUM OF FIFTY DOLLARS A    12,583       

MONTH.  THE COURT, IN ITS DISCRETION AND IN APPROPRIATE                         

CIRCUMSTANCES, MAY ISSUE A MINIMUM SUPPORT ORDER REQUIRING THE     12,584       

OBLIGOR TO PAY LESS THAN FIFTY DOLLARS A MONTH OR NOT REQUIRING    12,586       

THE OBLIGOR TO PAY AN AMOUNT FOR SUPPORT.  THE CIRCUMSTANCES       12,587       

UNDER WHICH A COURT MAY ISSUE SUCH AN ORDER INCLUDE THE            12,588       

NONRESIDENTIAL PARENT'S MEDICALLY VERIFIED OR DOCUMENTED PHYSICAL  12,590       

OR MENTAL DISABILITY OR INSTITUTIONALIZATION IN A FACILITY FOR     12,591       

PERSONS WITH A MENTAL ILLNESS OR ANY OTHER CIRCUMSTANCES           12,592       

                                                          290    


                                                                 
CONSIDERED APPROPRIATE BY THE COURT.                                            

      IF A COURT ISSUES A MINIMUM SUPPORT ORDER PURSUANT TO THIS   12,596       

SECTION AND THE OBLIGOR UNDER THE SUPPORT ORDER IS THE RECIPIENT   12,597       

OF NEED-BASED PUBLIC ASSISTANCE, ANY UNPAID AMOUNTS OF SUPPORT     12,598       

DUE UNDER THE SUPPORT ORDER SHALL ACCRUE AS ARREARAGES FROM MONTH  12,599       

TO MONTH, AND THE OBLIGOR'S CURRENT OBLIGATION TO PAY THE SUPPORT  12,600       

DUE UNDER THE SUPPORT ORDER IS SUSPENDED DURING ANY PERIOD OF      12,601       

TIME THAT THE OBLIGOR IS RECEIVING NEED-BASED PUBLIC ASSISTANCE    12,602       

AND IS COMPLYING WITH ANY SEEK WORK ORDERS ISSUED PURSUANT TO      12,603       

SECTION 3121.03 OF THE REVISED CODE.  THE COURT, OBLIGEE, AND      12,605       

CHILD SUPPORT ENFORCEMENT AGENCY SHALL NOT ENFORCE THE OBLIGATION  12,606       

OF THE OBLIGOR TO PAY THE AMOUNT OF SUPPORT DUE UNDER THE SUPPORT  12,607       

ORDER WHILE THE OBLIGOR IS RECEIVING NEED-BASED PUBLIC ASSISTANCE  12,609       

AND IS COMPLYING WITH ANY SEEK WORK ORDERS ISSUED PURSUANT TO      12,610       

SECTION 3121.03 OF THE REVISED CODE.                               12,612       

      Sec. 3119.07.  (A)  EXCEPT WHEN THE PARENTS HAVE SPLIT       12,614       

PARENTAL RIGHTS AND RESPONSIBILITIES, A PARENT'S CHILD SUPPORT     12,616       

OBLIGATION FOR A CHILD FOR WHOM THE PARENT IS THE RESIDENTIAL      12,617       

PARENT AND LEGAL CUSTODIAN SHALL BE PRESUMED TO BE SPENT ON THAT   12,618       

CHILD AND SHALL NOT BECOME PART OF A CHILD SUPPORT ORDER, AND A    12,619       

PARENT'S CHILD SUPPORT OBLIGATION FOR A CHILD FOR WHOM THE PARENT  12,620       

IS NOT THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN SHALL BECOME     12,621       

PART OF A CHILD SUPPORT ORDER.                                     12,622       

      (B)   IF THE PARENTS HAVE SPLIT PARENTAL RIGHTS AND          12,624       

RESPONSIBILITIES, THE CHILD SUPPORT OBLIGATIONS OF THE PARENTS     12,625       

SHALL BE OFFSET, AND THE COURT SHALL ISSUE A CHILD SUPPORT ORDER   12,626       

REQUIRING THE PARENT WITH THE LARGER CHILD SUPPORT OBLIGATION TO   12,627       

PAY THE NET AMOUNT PURSUANT TO THE CHILD SUPPORT ORDER.            12,628       

      (C)  IF NEITHER PARENT OF A CHILD WHO IS THE SUBJECT OF A    12,630       

CHILD SUPPORT ORDER IS THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN  12,632       

OF THE CHILD AND THE CHILD RESIDES WITH A THIRD PARTY WHO IS THE   12,633       

LEGAL CUSTODIAN OF THE CHILD, THE COURT SHALL ISSUE A CHILD        12,634       

SUPPORT ORDER REQUIRING EACH PARENT TO PAY THAT PARENT'S CHILD     12,635       

SUPPORT OBLIGATION PURSUANT TO THE CHILD SUPPORT ORDER.            12,637       

                                                          291    


                                                                 
      Sec. 3119.08.  WHENEVER A COURT ISSUES A CHILD SUPPORT       12,639       

ORDER, IT SHALL INCLUDE IN THE ORDER SPECIFIC PROVISIONS FOR       12,640       

REGULAR, HOLIDAY, VACATION, PARENTING TIME, AND SPECIAL            12,641       

VISITATION IN ACCORDANCE WITH SECTION 3109.051, 3109.11, OR        12,643       

3109.12 OF THE REVISED CODE OR IN ACCORDANCE WITH ANY OTHER        12,644       

APPLICABLE SECTION OF THE REVISED CODE.                                         

      Sec. 3119.09.  THE COURT SHALL NOT AUTHORIZE OR PERMIT THE   12,647       

ESCROWING, IMPOUNDMENT, OR WITHHOLDING OF ANY CHILD SUPPORT        12,648       

PAYMENT BECAUSE OF A DENIAL OF OR INTERFERENCE WITH A RIGHT OF     12,649       

PARENTING TIME OR VISITATION INCLUDED AS A SPECIFIC PROVISION OF   12,652       

THE CHILD SUPPORT ORDER OR AS A METHOD OF ENFORCING THE SPECIFIC   12,653       

PROVISIONS OF THE CHILD SUPPORT ORDER DEALING WITH PARENTING TIME  12,654       

OR VISITATION.                                                                  

      Sec. 3119.14.  EXCEPT AS PROVIDED IN SECTIONS 3119.16 TO     12,657       

3119.18 OF THE REVISED CODE, THE COURT CALCULATING THE AMOUNT TO   12,658       

BE PAID UNDER A COURT CHILD SUPPORT ORDER OR CHILD SUPPORT         12,659       

ENFORCEMENT AGENCY CALCULATING THE AMOUNT TO BE PAID UNDER AN      12,660       

ADMINISTRATIVE CHILD SUPPORT ORDER SHALL ADJUST THE AMOUNT BASED   12,661       

ON THE AMOUNT OF PARENTING TIME THE OBLIGOR IS TO HAVE WITH THE    12,662       

CHILDREN UNDER A PARENTING TIME ORDER ISSUED UNDER SECTION         12,663       

3109.051 OF THE REVISED CODE OR BASED ON THE AMOUNT OF TIME THE    12,666       

CHILDREN ARE TO BE IN THE PHYSICAL CUSTODY OF THE OBLIGOR UNDER A  12,667       

SHARED PARENTING ORDER ISSUED UNDER SECTION 3109.04 OF THE         12,668       

REVISED CODE.  THE ADJUSTMENT SHALL BE MADE IN ACCORDANCE WITH     12,670       

THE ADJUSTMENT TABLE IN SECTION 3119.15 OF THE REVISED CODE AND    12,672       

THE WORKSHEET IN SECTION 3119.022 OF THE REVISED CODE.             12,675       

      Sec. 3119.15.        ADJUSTMENT TABLE                        12,677       

            NUMBER OF                       ADJUSTMENT             12,679       

           OVERNIGHTS                       PERCENTAGE             12,680       

             2 TO 5                             .40%               12,682       

             6 TO 8                             .80%               12,683       

             9 TO 12                           1.20%               12,684       

            13 TO 16                           1.60%               12,685       

            17 TO 19                           2.00%               12,686       

                                                          292    


                                                                 
            20 TO 23                           2.40%               12,687       

            24 TO 27                           2.80%               12,688       

            28 TO 30                           3.20%               12,689       

            31 TO 34                           3.60%               12,690       

            35 TO 38                           4.00%               12,691       

            39 TO 41                           4.40%               12,692       

            42 TO 45                           4.80%               12,693       

            46 TO 49                           5.20%               12,694       

            50 TO 52                           5.60%               12,695       

            53 TO 56                           6.00%               12,696       

            57 TO 60                           6.40%               12,697       

            61 TO 63                           6.80%               12,698       

            64 TO 67                           7.20%               12,699       

            68 TO 71                           7.60%               12,700       

            72 TO 74                           8.00%               12,701       

            75 TO 78                           8.40%               12,702       

            79 TO 82                           8.80%               12,703       

            83 TO 85                           9.20%               12,704       

            86 TO 89                           9.60%               12,705       

            90 TO 93                          10.00%               12,706       

            94 TO 96                          11.20%               12,707       

            97 TO 100                         12.40%               12,708       

           101 TO 103                         13.60%               12,709       

           104 TO 107                         14.80%               12,710       

           108 TO 111                         16.00%               12,711       

           112 TO 115                         17.20%               12,712       

           116 TO 118                         18.40%               12,713       

           119 TO 121                         19.60%               12,714       

           122 TO 125                         20.80%               12,715       

           126 TO 129                         22.00%               12,716       

           130 TO 133                         23.20%               12,717       

           134 TO 136                         24.40%               12,718       

           137 TO 140                         25.60%               12,719       

           141 TO 144                         26.80%               12,720       

                                                          293    


                                                                 
           145 TO 147                         28.00%               12,721       

           148 TO 151                         29.20%               12,722       

           152 TO 155                         30.40%               12,723       

           156 TO 158                         31.60%               12,724       

           159 TO 162                         32.80%               12,725       

           163 TO 166                         34.00%               12,726       

           167 TO 169                         35.20%               12,727       

           170 TO 173                         36.40%               12,728       

           174 TO 177                         37.60%               12,729       

           178 TO 180                         38.80%               12,730       

           181 OR MORE                        40.00%               12,731       

      Sec. 3119.16.  (A)  FOR PURPOSES OF THIS SECTION, "POVERTY   12,735       

GUIDELINE" MEANS THE OFFICIAL POVERTY GUIDELINE REVISED ANNUALLY   12,736       

IN ACCORDANCE WITH SECTION 673(2) OF THE "OMNIBUS BUDGET           12,739       

RECONCILIATION ACT OF 1981," 95 STAT. 511, 42 U.S.C. 9902, AS      12,742       

AMENDED.                                                                        

      (B)  A COURT, WITH RESPECT TO A COURT CHILD SUPPORT ORDER,   12,744       

OR AN AGENCY, WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT      12,745       

ORDER, SHALL NOT INCLUDE THE ADJUSTMENT IN A CHILD SUPPORT ORDER   12,746       

UNDER SECTION 3119.14 OF THE REVISED CODE IF, AFTER CALCULATING    12,747       

THE ADJUSTMENT, THE TOTAL AMOUNT OF THE OBLIGEE'S INCOME PLUS THE  12,748       

ADJUSTED CHILD SUPPORT AMOUNT IS BELOW THE POVERTY GUIDELINE FOR   12,749       

A FAMILY SIZE EQUAL TO THE SIZE OF THE OBLIGEE'S FAMILY.           12,750       

      Sec. 3119.17.  A COURT, WITH RESPECT TO A COURT CHILD        12,753       

SUPPORT ORDER ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION,  12,754       

OR AN AGENCY, WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT      12,755       

ORDER ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, MAY      12,756       

MODIFY, AND AN AGENCY, WITH RESPECT TO A COURT CHILD SUPPORT       12,757       

ORDER ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, MAY      12,758       

PROPOSE TO MODIFY AS PART OF A REVIEW CONDUCTED UNDER SECTION      12,759       

3119.63 OF THE REVISED CODE, THE AMOUNT OF CHILD SUPPORT REQUIRED  12,762       

TO BE PAID UNDER THE ORDER BY MAKING AN ADJUSTMENT PURSUANT TO     12,763       

THIS SECTION ONLY IF ALL OF THE FOLLOWING APPLY:                   12,764       

      (A)  THE OBLIGOR IS IN COMPLIANCE WITH ONE OF THE            12,766       

                                                          294    


                                                                 
FOLLOWING:                                                         12,767       

      (1)  A PARENTING TIME ORDER WITH RESPECT TO THE CHILDREN     12,770       

SUBJECT TO THE CHILD SUPPORT ORDER THAT CONTAINS A PARENTING TIME  12,771       

SCHEDULE;                                                                       

      (2)  A SHARED PARENTING ORDER WITH RESPECT TO THE CHILDREN   12,774       

SUBJECT TO THE CHILD SUPPORT ORDER THAT CONTAINS A SCHEDULE OF     12,775       

TIME THE CHILDREN ARE TO BE IN THE PHYSICAL CUSTODY OF THE         12,776       

OBLIGOR.                                                                        

      (B)  THE OBLIGOR IS CURRENT IN CHILD SUPPORT PAYMENTS        12,778       

REQUIRED TO BE PAID UNDER THE CHILD SUPPORT ORDER SOUGHT TO BE     12,779       

MODIFIED FOR THE LAST SIX MONTHS AND IF ANY ARREARAGES ARE OWED,   12,780       

THE OBLIGOR HAS BEEN MAKING ARREARAGE PAYMENTS FOR SIX MONTHS OR   12,781       

FOR AS LONG AS THE ARREARAGES HAVE EXISTED, WHICHEVER IS LESS;     12,783       

      (C)  THE ADJUSTMENT DESCRIBED IN SECTION 3119.14 OF THE      12,786       

REVISED CODE WOULD REDUCE THE CURRENT SUPPORT OBLIGATION UNDER     12,787       

THE CHILD SUPPORT ORDER SOUGHT TO BE MODIFIED BY MORE THAN TEN     12,788       

PER CENT.                                                                       

      Sec. 3119.18.  A COURT, WITH RESPECT TO A COURT CHILD        12,791       

SUPPORT ORDER, OR AN AGENCY, WITH RESPECT TO AN ADMINISTRATIVE     12,792       

CHILD SUPPORT ORDER, MAY MAKE, OR AN AGENCY, WITH RESPECT TO A     12,793       

COURT CHILD SUPPORT ORDER MAY PROPOSE AS PART OF A REVIEW          12,794       

CONDUCTED UNDER SECTION 3119.63 OF THE REVISED CODE, THE           12,796       

FOLLOWING MODIFICATIONS:                                           12,797       

      (A)  WITH RESPECT TO A CHILD SUPPORT ORDER PURSUANT TO       12,799       

WHICH AN ADJUSTMENT HAS BEEN GRANTED UNDER THIS SECTION,           12,801       

ELIMINATE THE ADJUSTMENT IF THE OBLIGOR, FOR THE SIX-MONTH PERIOD               

IMMEDIATELY PRECEDING THE MAKING OF A MOTION, OR THE MAKING OF A   12,802       

REQUEST FOR REVIEW UNDER SECTION 3119.60 OF THE REVISED CODE, TO   12,803       

ELIMINATE THE ADJUSTMENT, HAS FAILED TO EXERCISE TWENTY-FIVE PER   12,805       

CENT OR MORE OF THE OBLIGOR'S PARENTING TIME GRANTED PURSUANT TO   12,806       

A PARENTING TIME ORDER OR THE TIME THE CHILDREN ARE TO BE IN THE   12,807       

PHYSICAL CUSTODY OF THE OBLIGOR AS DIRECTED BY A SHARED PARENTING               

ORDER;                                                             12,808       

      (B)  WITH RESPECT TO A CHILD SUPPORT ORDER PURSUANT TO       12,810       

                                                          295    


                                                                 
WHICH AN ADJUSTMENT HAS BEEN REMOVED UNDER DIVISION (A) OF THIS    12,812       

SECTION, MAKE AN ADJUSTMENT PURSUANT TO THIS SECTION IF THE        12,814       

OBLIGOR PROVES THAT THE OBLIGOR IS, AND HAS BEEN FOR A PERIOD OF   12,815       

SIX MONTHS SINCE THE REMOVAL OF THE ADJUSTMENT, EXERCISING MORE    12,816       

THAN SEVENTY-FIVE PER CENT OF PARENTING TIME GRANTED BY A          12,817       

PARENTING TIME ORDER OR THE TIME CHILDREN ARE TO BE IN THE                      

PHYSICAL CUSTODY OF THE OBLIGOR AS DIRECTED BY A SHARED PARENTING  12,818       

ORDER.                                                                          

      Sec. 3119.19.  AN OBLIGOR OR OBLIGEE UNDER A CHILD SUPPORT   12,821       

ORDER, IN ORDER TO ELIMINATE OR ESTABLISH AN ADJUSTMENT UNDER THE  12,822       

ORDER PURSUANT TO SECTION 3119.18 OF THE REVISED CODE OR TO        12,823       

ESTABLISH AN ADJUSTMENT UNDER THE ORDER PURSUANT TO SECTION        12,825       

3119.17 OF THE REVISED CODE, SHALL DO ONE OF THE FOLLOWING:        12,826       

      (A)  WITH RESPECT TO A COURT CHILD SUPPORT ORDER, FILE A     12,828       

MOTION WITH THE COURT THAT ISSUED THE ORDER REQUESTING THAT THE    12,829       

COURT ELIMINATE OR ESTABLISH THE ADJUSTMENT, AS APPROPRIATE;       12,830       

      (B)  WITH RESPECT TO A COURT CHILD SUPPORT ORDER OR          12,832       

ADMINISTRATIVE CHILD SUPPORT ORDER, MAKE A REQUEST FOR             12,833       

MODIFICATION OF THE ORDER UNDER SECTION 3119.60 OF THE REVISED     12,834       

CODE.                                                              12,835       

      Sec. 3119.22.  THE COURT MAY ORDER AN AMOUNT OF CHILD        12,837       

SUPPORT THAT DEVIATES FROM THE AMOUNT OF CHILD SUPPORT THAT WOULD  12,838       

OTHERWISE RESULT FROM THE USE OF THE BASIC CHILD SUPPORT SCHEDULE  12,839       

AND THE APPLICABLE WORKSHEET, THROUGH THE LINE ESTABLISHING THE    12,840       

ACTUAL ANNUAL OBLIGATION, IF, AFTER CONSIDERING THE FACTORS AND    12,841       

CRITERIA SET FORTH IN SECTION 3119.23 OF THE REVISED CODE, THE     12,842       

COURT DETERMINES THAT THE AMOUNT CALCULATED PURSUANT TO THE BASIC  12,843       

CHILD SUPPORT SCHEDULE AND THE APPLICABLE WORKSHEET, THROUGH THE   12,844       

LINE ESTABLISHING THE ACTUAL ANNUAL OBLIGATION, WOULD BE UNJUST    12,845       

OR INAPPROPRIATE AND WOULD NOT BE IN THE BEST INTEREST OF THE      12,846       

CHILD.                                                                          

      IF IT DEVIATES, THE COURT MUST ENTER IN THE JOURNAL THE      12,848       

AMOUNT OF CHILD SUPPORT CALCULATED PURSUANT TO THE BASIC CHILD     12,849       

SUPPORT SCHEDULE AND THE APPLICABLE WORKSHEET, THROUGH THE LINE    12,850       

                                                          296    


                                                                 
ESTABLISHING THE ACTUAL ANNUAL OBLIGATION, ITS DETERMINATION THAT  12,851       

THAT AMOUNT WOULD BE UNJUST OR INAPPROPRIATE AND WOULD NOT BE IN   12,852       

THE BEST INTEREST OF THE CHILD, AND FINDINGS OF FACT SUPPORTING    12,853       

THAT DETERMINATION.                                                             

      Sec. 3119.23.  THE COURT MAY CONSIDER ANY OF THE FOLLOWING   12,856       

FACTORS IN DETERMINING WHETHER TO GRANT A DEVIATION PURSUANT TO    12,857       

SECTION 3119.22 OF THE REVISED CODE:                               12,858       

      (A)  SPECIAL AND UNUSUAL NEEDS OF THE CHILDREN;              12,860       

      (B)  EXTRAORDINARY OBLIGATIONS FOR MINOR CHILDREN OR         12,862       

OBLIGATIONS FOR HANDICAPPED CHILDREN WHO ARE NOT STEPCHILDREN AND  12,863       

WHO ARE NOT OFFSPRING FROM THE MARRIAGE OR RELATIONSHIP THAT IS    12,864       

THE BASIS OF THE IMMEDIATE CHILD SUPPORT DETERMINATION;            12,865       

      (C)  OTHER COURT-ORDERED PAYMENTS;                           12,867       

      (D)  EXTENDED PARENTING TIME OR EXTRAORDINARY COSTS          12,870       

ASSOCIATED WITH PARENTING TIME, PROVIDED THAT THIS DIVISION DOES   12,872       

NOT AUTHORIZE AND SHALL NOT BE CONSTRUED AS AUTHORIZING ANY        12,873       

DEVIATION FROM THE SCHEDULE AND THE APPLICABLE WORKSHEET, THROUGH  12,874       

THE LINE ESTABLISHING THE ACTUAL ANNUAL OBLIGATION, OR ANY         12,876       

ESCROWING, IMPOUNDMENT, OR WITHHOLDING OF CHILD SUPPORT BECAUSE    12,877       

OF A DENIAL OF OR INTERFERENCE WITH A RIGHT OF PARENTING TIME      12,879       

GRANTED BY COURT ORDER;                                            12,880       

      (E)  THE OBLIGOR OBTAINS ADDITIONAL EMPLOYMENT AFTER A       12,882       

CHILD SUPPORT ORDER IS ISSUED IN ORDER TO SUPPORT A SECOND         12,883       

FAMILY;                                                            12,884       

      (F)  THE FINANCIAL RESOURCES AND THE EARNING ABILITY OF THE  12,886       

CHILD;                                                             12,887       

      (G)  DISPARITY IN INCOME BETWEEN PARTIES OR HOUSEHOLDS;      12,889       

      (H)  BENEFITS THAT EITHER PARENT RECEIVES FROM REMARRIAGE    12,891       

OR SHARING LIVING EXPENSES WITH ANOTHER PERSON;                    12,892       

      (I)  THE AMOUNT OF FEDERAL, STATE, AND LOCAL TAXES ACTUALLY  12,894       

PAID OR ESTIMATED TO BE PAID BY A PARENT OR BOTH OF THE PARENTS;   12,895       

      (J)  SIGNIFICANT IN-KIND CONTRIBUTIONS FROM A PARENT,        12,897       

INCLUDING, BUT NOT LIMITED TO, DIRECT PAYMENT FOR LESSONS, SPORTS  12,898       

EQUIPMENT, SCHOOLING, OR CLOTHING;                                 12,899       

                                                          297    


                                                                 
      (K)  THE RELATIVE FINANCIAL RESOURCES, OTHER ASSETS AND      12,901       

RESOURCES, AND NEEDS OF EACH PARENT;                               12,902       

      (L)  THE STANDARD OF LIVING AND CIRCUMSTANCES OF EACH        12,904       

PARENT AND THE STANDARD OF LIVING THE CHILD WOULD HAVE ENJOYED     12,905       

HAD THE MARRIAGE CONTINUED OR HAD THE PARENTS BEEN MARRIED;        12,906       

      (M)  THE PHYSICAL AND EMOTIONAL CONDITION AND NEEDS OF THE   12,908       

CHILD;                                                             12,909       

      (N)  THE NEED AND CAPACITY OF THE CHILD FOR AN EDUCATION     12,911       

AND THE EDUCATIONAL OPPORTUNITIES THAT WOULD HAVE BEEN AVAILABLE   12,912       

TO THE CHILD HAD THE CIRCUMSTANCES REQUIRING A COURT ORDER FOR     12,913       

SUPPORT NOT ARISEN;                                                12,914       

      (O)  THE RESPONSIBILITY OF EACH PARENT FOR THE SUPPORT OF    12,916       

OTHERS;                                                            12,917       

      (P)  ANY OTHER RELEVANT FACTOR.                              12,919       

      THE COURT MAY ACCEPT AN AGREEMENT OF THE PARENTS THAT        12,921       

ASSIGNS A MONETARY VALUE TO ANY OF THE FACTORS AND CRITERIA        12,922       

LISTED IN THIS SECTION THAT ARE APPLICABLE TO THEIR SITUATION.     12,925       

      IF THE COURT GRANTS A DEVIATION BASED ON DIVISION (P) OF     12,928       

THIS SECTION, IT SHALL SPECIFICALLY STATE IN THE ORDER THE FACTS   12,930       

THAT ARE THE BASIS FOR THE DEVIATION.                                           

      Sec. 3119.24.  (A)(1)  A COURT THAT ISSUES A SHARED          12,932       

PARENTING ORDER IN ACCORDANCE WITH SECTION 3109.04 OF THE REVISED  12,934       

CODE SHALL ORDER AN AMOUNT OF CHILD SUPPORT TO BE PAID UNDER THE   12,935       

CHILD SUPPORT ORDER THAT IS CALCULATED IN ACCORDANCE WITH THE      12,936       

SCHEDULE AND WITH THE WORKSHEET SET FORTH IN SECTION 3119.022 OF   12,938       

THE REVISED CODE, THROUGH THE LINE ESTABLISHING THE ACTUAL ANNUAL  12,939       

OBLIGATION, EXCEPT THAT, IF THAT AMOUNT WOULD BE UNJUST OR         12,940       

INAPPROPRIATE TO THE CHILDREN OR EITHER PARENT AND WOULD NOT BE    12,941       

IN THE BEST INTEREST OF THE CHILD BECAUSE OF THE EXTRAORDINARY     12,942       

CIRCUMSTANCES OF THE PARENTS OR BECAUSE OF ANY OTHER FACTORS OR    12,943       

CRITERIA SET FORTH IN SECTION 3119.23 OF THE REVISED CODE, THE     12,944       

COURT MAY DEVIATE FROM THAT AMOUNT.                                12,946       

      (2)  THE COURT SHALL CONSIDER EXTRAORDINARY CIRCUMSTANCES    12,948       

AND OTHER FACTORS OR CRITERIA IF IT DEVIATES FROM THE AMOUNT       12,949       

                                                          298    


                                                                 
DESCRIBED IN DIVISION (A)(1) OF THIS SECTION AND SHALL ENTER IN    12,951       

THE JOURNAL THE AMOUNT DESCRIBED IN DIVISION (A)(1) OF THIS        12,952       

SECTION, ITS DETERMINATION THAT THE AMOUNT WOULD BE UNJUST OR      12,953       

INAPPROPRIATE AND WOULD NOT BE IN THE BEST INTEREST OF THE CHILD,  12,954       

AND FINDINGS OF FACT SUPPORTING ITS DETERMINATION.                 12,955       

      (B)  FOR THE PURPOSES OF THIS SECTION, "EXTRAORDINARY        12,957       

CIRCUMSTANCES OF THE PARENTS" INCLUDES ALL OF THE FOLLOWING:       12,959       

      (1)  THE AMOUNT OF TIME THE CHILDREN SPEND WITH EACH PARENT  12,962       

THAT IS NOT ADEQUATELY PROVIDED FOR BY THE ADJUSTMENT PROVIDED                  

FOR BY SECTIONS 3119.14 TO 3119.19 OF THE REVISED CODE;            12,963       

      (2)  THE ABILITY OF EACH PARENT TO MAINTAIN ADEQUATE         12,965       

HOUSING FOR THE CHILDREN;                                          12,966       

      (3)  EACH PARENT'S EXPENSES, INCLUDING CHILD CARE EXPENSES,  12,969       

SCHOOL TUITION, MEDICAL EXPENSES, DENTAL EXPENSES, AND ANY OTHER   12,970       

EXPENSES THE COURT CONSIDERS RELEVANT;                                          

      (4)  ANY OTHER CIRCUMSTANCES THE COURT CONSIDERS RELEVANT.   12,972       

      Sec. 3119.27.  A COURT THAT ISSUES OR MODIFIES A COURT       12,976       

SUPPORT ORDER, OR AN ADMINISTRATIVE AGENCY THAT ISSUES OR          12,977       

MODIFIES AN ADMINISTRATIVE CHILD SUPPORT ORDER, SHALL IMPOSE ON    12,978       

THE OBLIGOR UNDER THE SUPPORT ORDER A PROCESSING CHARGE THAT IS    12,979       

THE GREATER OF TWO PER CENT OF THE SUPPORT PAYMENT TO BE           12,980       

COLLECTED UNDER A SUPPORT ORDER OR ONE DOLLAR PER MONTH.  NO       12,981       

COURT OR AGENCY MAY CALL THE CHARGE A POUNDAGE FEE.                12,982       

      Sec. 3119.28.  (A)  AS USED IN THIS SECTION, "CURRENT        12,984       

SUPPORT PAYMENT" MEANS THE AMOUNT OF SUPPORT DUE AN OBLIGEE THAT   12,986       

AN OBLIGOR IS REQUIRED TO PAY IN A PARTICULAR PAYMENT FOR THE      12,987       

CURRENT MONTH AS SPECIFIED IN A SUPPORT ORDER.  "CURRENT SUPPORT   12,988       

PAYMENT" DOES NOT INCLUDE PAYMENTS ON ARREARAGES UNDER THE         12,989       

SUPPORT ORDER.                                                                  

      (B)  THE OBLIGOR SHALL PAY THE AMOUNT IMPOSED PURSUANT TO    12,992       

SECTION 3119.27 OF THE REVISED CODE WITH EVERY CURRENT SUPPORT     12,993       

PAYMENT, AND WITH EVERY PAYMENT ON ARREARAGES.                     12,994       

      Sec. 3119.30.  IN ANY ACTION OR PROCEEDING IN WHICH A CHILD  12,996       

SUPPORT ORDER IS ISSUED OR MODIFIED, THE COURT, WITH RESPECT TO    12,998       

                                                          299    


                                                                 
COURT CHILD SUPPORT ORDERS, AND THE CHILD SUPPORT ENFORCEMENT      12,999       

AGENCY, WITH RESPECT TO ADMINISTRATIVE CHILD SUPPORT ORDERS,       13,000       

SHALL DETERMINE THE PARENT RESPONSIBLE FOR THE HEALTH CARE OF THE  13,001       

CHILDREN SUBJECT TO THE CHILD SUPPORT ORDER AND SHALL INCLUDE IN                

THE ORDER ONE OF THE FOLLOWING:                                    13,002       

      (A)  A REQUIREMENT THAT THE OBLIGOR UNDER THE CHILD SUPPORT  13,004       

ORDER OBTAIN HEALTH INSURANCE COVERAGE FOR THE CHILDREN IF         13,005       

COVERAGE IS AVAILABLE AT A REASONABLE COST THROUGH A GROUP         13,006       

POLICY, CONTRACT, OR PLAN OFFERED BY THE OBLIGOR'S EMPLOYER OR     13,008       

THROUGH ANY OTHER GROUP POLICY, CONTRACT, OR PLAN AVAILABLE TO     13,009       

THE OBLIGOR AND IS NOT AVAILABLE FOR A MORE REASONABLE COST        13,012       

THROUGH A GROUP POLICY, CONTRACT, OR PLAN AVAILABLE TO THE         13,014       

OBLIGEE;                                                                        

      (B)  A REQUIREMENT THAT THE OBLIGEE OBTAIN HEALTH INSURANCE  13,017       

COVERAGE FOR THE CHILDREN IF COVERAGE IS AVAILABLE THROUGH A       13,018       

GROUP POLICY, CONTRACT, OR PLAN OFFERED BY THE OBLIGEE'S EMPLOYER  13,020       

OR THROUGH ANY OTHER GROUP POLICY, CONTRACT, OR PLAN AVAILABLE TO  13,021       

THE OBLIGEE AND IS AVAILABLE AT A MORE REASONABLE COST THAN        13,022       

COVERAGE IS AVAILABLE TO THE OBLIGOR;                              13,024       

      (C)  IF HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS NOT    13,026       

AVAILABLE AT A REASONABLE COST THROUGH A GROUP POLICY, CONTRACT,   13,029       

OR PLAN OFFERED BY THE OBLIGOR'S OR OBLIGEE'S EMPLOYER OR THROUGH  13,030       

ANY OTHER GROUP POLICY, CONTRACT, OR PLAN AVAILABLE TO THE         13,033       

OBLIGOR OR THE OBLIGEE, A REQUIREMENT THAT THE OBLIGOR AND THE     13,034       

OBLIGEE SHARE LIABILITY FOR THE COST OF THE MEDICAL AND HEALTH     13,035       

CARE NEEDS OF THE CHILDREN, UNDER AN EQUITABLE FORMULA                          

ESTABLISHED BY THE COURT, AND A REQUIREMENT THAT IF, AFTER THE     13,037       

ISSUANCE OF THE ORDER, HEALTH INSURANCE COVERAGE FOR THE CHILDREN  13,038       

BECOMES AVAILABLE AT A REASONABLE COST THROUGH A GROUP POLICY,     13,040       

CONTRACT, OR PLAN OFFERED BY THE OBLIGOR'S OR OBLIGEE'S EMPLOYER   13,041       

OR THROUGH ANY OTHER GROUP POLICY, CONTRACT, OR PLAN AVAILABLE TO  13,043       

THE OBLIGOR OR OBLIGEE, THE OBLIGOR OR OBLIGEE TO WHOM THE         13,044       

COVERAGE BECOMES AVAILABLE IMMEDIATELY INFORM THE COURT;                        

      (D)  A REQUIREMENT THAT BOTH THE OBLIGOR AND THE OBLIGEE     13,047       

                                                          300    


                                                                 
OBTAIN HEALTH INSURANCE COVERAGE FOR THE CHILDREN IF COVERAGE IS   13,049       

AVAILABLE FOR THE CHILDREN AT A REASONABLE COST TO BOTH THE        13,050       

OBLIGOR AND THE OBLIGEE AND DUAL COVERAGE BY BOTH PARENTS WOULD    13,051       

PROVIDE FOR COORDINATION OF MEDICAL BENEFITS WITHOUT UNNECESSARY   13,052       

DUPLICATION OF COVERAGE.                                                        

      Sec. 3119.301.  AN ORDER ISSUED PURSUANT TO FORMER SECTION   13,055       

3111.241 OR 3113.217 OF THE REVISED CODE AS THOSE SECTIONS                      

EXISTED PRIOR TO JANUARY 1, 1998, THAT WAS NOT TERMINATED ON OR    13,056       

AFTER THAT DATE, AND THAT PROVIDES FOR THE HEALTH CARE NEEDS OF    13,057       

CHILDREN SUBJECT TO A CHILD SUPPORT ORDER SHALL BE CONSIDERED TO   13,058       

BE A REQUIREMENT INCLUDED AS PART OF THE CHILD SUPPORT ORDER.      13,059       

THE CHILD SUPPORT ORDER SHALL BE CONSIDERED TO HAVE BEEN ISSUED    13,060       

IN ACCORDANCE WITH FORMER SECTION 3111.241 OR 3113.217 OF THE      13,061       

REVISED CODE AS THOSE SECTIONS EXISTED ON AND AFTER JANUARY 1,                  

1998, AND PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.  A CHILD    13,062       

SUPPORT ORDER ISSUED IN ACCORDANCE WITH, OR ANY NOTICE ISSUED      13,063       

UNDER, FORMER SECTION 3111.241 OR 3113.217 OF THE REVISED CODE AS  13,064       

THOSE SECTIONS EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS                      

SECTION THAT WAS NOT TERMINATED ON OR AFTER THAT DATE SHALL BE     13,065       

SUBJECT TO SECTIONS 3119.30 TO 3119.58 OF THE REVISED CODE ON AND  13,066       

AFTER THAT DATE.                                                                

      Sec. 3119.31.  A CHILD SUPPORT ORDER SHALL CONTAIN ALL OF    13,069       

THE FOLLOWING:                                                     13,070       

      (A)  IF THE OBLIGOR, OR BOTH THE OBLIGOR AND OBLIGEE ARE     13,073       

REQUIRED UNDER SECTION 3119.30 OF THE REVISED CODE, TO PROVIDE     13,075       

HEALTH INSURANCE COVERAGE FOR THE CHILDREN, A REQUIREMENT THAT     13,076       

WHOEVER IS REQUIRED TO OBTAIN THE HEALTH INSURANCE COVERAGE DO     13,077       

ALL OF THE FOLLOWING:                                                           

      (1)  PROVIDE THE OTHER WITH INFORMATION REGARDING THE        13,081       

BENEFITS, LIMITATIONS, AND EXCLUSIONS OF THE COVERAGE, COPIES OF   13,082       

ANY INSURANCE FORMS NECESSARY TO RECEIVE REIMBURSEMENT, PAYMENT,   13,083       

OR OTHER BENEFITS UNDER THE COVERAGE, AND A COPY OF ANY NECESSARY  13,084       

INSURANCE CARDS;                                                                

      (2)  SUBMIT A COPY OF THE CHILD SUPPORT ORDER ISSUED         13,088       

                                                          301    


                                                                 
PURSUANT TO SECTION 3119.30 OF THE REVISED CODE TO THE INSURER AT  13,089       

THE TIME OF MAKING APPLICATION TO ENROLL THE CHILDREN UNDER THE    13,091       

HEALTH INSURANCE POLICY, CONTRACT, OR PLAN;                        13,092       

      (3)  FURNISH WRITTEN PROOF TO THE CHILD SUPPORT ENFORCEMENT  13,095       

AGENCY OF COMPLIANCE WITH THIS DIVISION.                                        

      (B)  A LIST OF THE GROUP HEALTH INSURANCE POLICIES,          13,098       

CONTRACTS, AND PLANS THAT THE COURT, WITH RESPECT TO A COURT       13,099       

CHILD SUPPORT ORDER, OR THE CHILD SUPPORT ENFORCEMENT AGENCY,                   

WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER, DETERMINES  13,100       

ARE AVAILABLE AT A REASONABLE COST TO THE OBLIGOR OR TO THE        13,101       

OBLIGEE AND THE NAME OF THE INSURER THAT ISSUES EACH POLICY,       13,102       

CONTRACT, OR PLAN;                                                 13,103       

      (C)  A STATEMENT SETTING FORTH THE NAME, ADDRESS, AND        13,105       

TELEPHONE NUMBER OF THE INDIVIDUAL WHO IS TO BE REIMBURSED FOR     13,106       

OUT-OF-POCKET MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION  13,107       

EXPENSES PAID FOR EACH CHILD AND A STATEMENT THAT THE INSURER      13,108       

THAT PROVIDES THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN MAY   13,110       

CONTINUE MAKING PAYMENT FOR MEDICAL, OPTICAL, HOSPITAL, DENTAL,    13,111       

OR PRESCRIPTION SERVICES DIRECTLY TO ANY HEALTH CARE PROVIDER IN   13,112       

ACCORDANCE WITH THE APPLICABLE HEALTH INSURANCE POLICY, CONTRACT,  13,113       

OR PLAN;                                                           13,114       

      (D)  A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE          13,116       

DESIGNATE THE CHILDREN AS COVERED DEPENDENTS UNDER ANY HEALTH      13,118       

INSURANCE POLICY, CONTRACT, OR PLAN FOR WHICH THEY CONTRACT;       13,119       

      (E)  A REQUIREMENT THAT THE OBLIGOR, THE OBLIGEE, OR BOTH    13,121       

OF THEM UNDER A FORMULA ESTABLISHED BY THE COURT, WITH RESPECT TO  13,122       

A COURT CHILD SUPPORT ORDER, OR THE CHILD SUPPORT ENFORCEMENT      13,123       

AGENCY, WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER,     13,124       

PAY CO-PAYMENT OR DEDUCTIBLE COSTS REQUIRED UNDER THE HEALTH       13,125       

INSURANCE POLICY, CONTRACT, OR PLAN THAT COVERS THE CHILDREN;      13,126       

      (F)  A NOTICE THAT THE EMPLOYER OF THE OBLIGOR OR OBLIGEE    13,129       

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IS REQUIRED TO        13,131       

RELEASE TO THE OTHER PARENT OR THE CHILD SUPPORT ENFORCEMENT       13,132       

AGENCY ON WRITTEN REQUEST ANY NECESSARY INFORMATION ON THE HEALTH  13,133       

                                                          302    


                                                                 
INSURANCE COVERAGE, INCLUDING THE NAME AND ADDRESS OF THE INSURER  13,134       

AND ANY POLICY, CONTRACT, OR PLAN NUMBER, AND TO OTHERWISE COMPLY  13,135       

WITH THIS SECTION AND ANY ORDER OR NOTICE ISSUED UNDER THIS        13,136       

SECTION;                                                           13,137       

      (G)  A STATEMENT SETTING FORTH THE FULL NAME AND DATE OF     13,139       

BIRTH OF EACH CHILD WHO IS THE SUBJECT OF THE CHILD SUPPORT        13,140       

ORDER;                                                             13,141       

      (H)  A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE COMPLY   13,143       

WITH ANY REQUIREMENT DESCRIBED IN SECTION 3119.30 OF THE REVISED   13,144       

CODE AND DIVISIONS (A) AND (D) OF THIS SECTION THAT IS CONTAINED   13,145       

IN AN ORDER ISSUED IN COMPLIANCE WITH THIS SECTION NO LATER THAN   13,147       

THIRTY DAYS AFTER THE ISSUANCE OF THE ORDER.                       13,149       

      (I)  A NOTICE THAT IF THE OBLIGOR OR OBLIGEE FAILS TO        13,153       

OBTAIN HEALTH INSURANCE COVERAGE REQUIRED BY A CHILD SUPPORT                    

ORDER, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL COMPLY WITH      13,155       

SECTIONS 3119.40 AND 3119.41 OF THE REVISED CODE TO OBTAIN A       13,156       

COURT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO OBTAIN THE HEALTH  13,158       

INSURANCE COVERAGE;                                                             

      (J)  A NOTICE THAT STATES THE FOLLOWING:  "IF THE PERSON     13,160       

REQUIRED TO OBTAIN HEALTH CARE INSURANCE COVERAGE FOR THE          13,161       

CHILDREN SUBJECT TO THIS CHILD SUPPORT ORDER OBTAINS NEW           13,162       

EMPLOYMENT AND THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS   13,163       

PROVIDED THROUGH THE PREVIOUS EMPLOYER, THE AGENCY SHALL COMPLY    13,164       

WITH THE REQUIREMENTS OF SECTIONS 3119.43 AND 3119.44 OF THE       13,166       

REVISED CODE, WHICH MAY RESULT IN THE ISSUANCE OF A NOTICE         13,167       

REQUIRING THE NEW EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY    13,168       

TO ENROLL THE CHILDREN IN HEALTH CARE INSURANCE COVERAGE PROVIDED  13,169       

BY THE NEW EMPLOYER."                                                           

      Sec. 3119.33.  AN OBLIGEE UNDER A COURT CHILD SUPPORT ORDER  13,172       

MAY FILE A MOTION WITH THE COURT THAT ISSUED THE ORDER REQUESTING  13,173       

THAT THE COURT MODIFY THE ORDER TO REQUIRE THE OBLIGOR TO OBTAIN   13,174       

HEALTH INSURANCE COVERAGE FOR THE CHILDREN WHO ARE THE SUBJECT OF  13,175       

THE ORDER.  AN OBLIGOR UNDER A COURT CHILD SUPPORT ORDER MAY FILE  13,176       

A MOTION WITH THE COURT THAT ISSUED THE ORDER REQUESTING THAT THE  13,177       

                                                          303    


                                                                 
COURT MODIFY THE ORDER TO REQUIRE THE OBLIGEE TO OBTAIN HEALTH     13,178       

INSURANCE COVERAGE FOR THOSE CHILDREN.                             13,179       

      Sec. 3119.34.  ON THE FILING OF A MOTION DESCRIBED IN        13,181       

SECTION 3119.33 OF THE REVISED CODE, THE COURT SHALL ORDER THE     13,183       

CHILD SUPPORT ENFORCEMENT AGENCY TO CONDUCT AN INVESTIGATION TO    13,184       

DETERMINE WHETHER THE OBLIGOR OR OBLIGEE HAS SATISFACTORY HEALTH   13,185       

INSURANCE COVERAGE FOR THE CHILDREN.  UPON COMPLETION OF ITS       13,186       

INVESTIGATION, THE AGENCY SHALL INFORM THE COURT, IN WRITING, OF   13,187       

ITS DETERMINATION.                                                              

      Sec. 3119.35.  IF THE COURT DETERMINES THAT NEITHER THE      13,190       

OBLIGOR NOR THE OBLIGEE HAS SATISFACTORY HEALTH INSURANCE          13,191       

COVERAGE FOR THE CHILDREN, IT SHALL MODIFY THE COURT CHILD         13,192       

SUPPORT ORDER IN ACCORDANCE WITH SECTIONS 3119.30 AND 3119.31 OF   13,193       

THE REVISED CODE.                                                               

      Sec. 3119.37.  AN OBLIGOR OR OBLIGEE UNDER A COURT CHILD     13,196       

SUPPORT ORDER MAY FILE A MOTION WITH THE COURT THAT ISSUED THE     13,197       

ORDER REQUESTING THAT THE COURT MODIFY THE AMOUNT OF CHILD         13,198       

SUPPORT REQUIRED TO BE PAID UNDER THE ORDER BECAUSE THAT AMOUNT    13,199       

DOES NOT ADEQUATELY COVER THE MEDICAL NEEDS OF THE CHILD.                       

      Sec. 3119.38.  ON THE FILING OF A MOTION DESCRIBED IN        13,202       

SECTION 3119.37 OF THE REVISED CODE, THE COURT SHALL DETERMINE     13,203       

WHETHER THE AMOUNT OF CHILD SUPPORT REQUIRED TO BE PAID UNDER THE  13,204       

COURT CHILD SUPPORT ORDER ADEQUATELY COVERS THE MEDICAL NEEDS OF   13,206       

THE CHILD AND WHETHER TO MODIFY THE ORDER.                         13,207       

      Sec. 3119.40.  IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN   13,209       

HEALTH INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER        13,210       

ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE      13,211       

DOES NOT OBTAIN THE REQUIRED COVERAGE WITHIN THIRTY DAYS AFTER     13,213       

THE ORDER IS ISSUED, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL    13,214       

NOTIFY THE COURT THAT ISSUED THE COURT CHILD SUPPORT ORDER OR,     13,215       

WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER, THE COURT   13,216       

OF COMMON PLEAS OF THE COUNTY IN WHICH THE AGENCY IS LOCATED, IN                

WRITING OF THE FAILURE OF THE OBLIGOR OR OBLIGEE TO COMPLY WITH    13,218       

THE CHILD SUPPORT ORDER.                                           13,219       

                                                          304    


                                                                 
      Sec. 3119.41.  ON RECEIPT OF A NOTICE DESCRIBED IN SECTION   13,222       

3119.40 OF THE REVISED CODE FROM THE CHILD SUPPORT ENFORCEMENT     13,223       

AGENCY, THE COURT SHALL ISSUE AN ORDER TO THE EMPLOYER OF THE      13,224       

OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE    13,225       

REQUIRING THE EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY TO     13,226       

MAKE APPLICATION TO ENROLL THE OBLIGOR OR OBLIGEE REQUIRED TO      13,227       

OBTAIN HEALTH INSURANCE COVERAGE IN ANY AVAILABLE GROUP HEALTH     13,228       

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN WITH COVERAGE   13,229       

FOR THE CHILDREN, TO SUBMIT A COPY OF THE CHILD SUPPORT ORDER TO   13,232       

THE INSURER AT THE TIME THAT THE EMPLOYER MAKES APPLICATION TO                  

ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE         13,233       

POLICY, CONTRACT, OR PLAN, AND, IF THE APPLICATION IS ACCEPTED,    13,235       

TO DEDUCT FROM THE WAGES OR OTHER INCOME OF THE OBLIGOR OR         13,236       

OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE THE COST OF                

THE COVERAGE FOR THE CHILDREN.  THE COURT SHALL INCLUDE WITH THE   13,237       

ORDER ISSUED UNDER THIS SECTION A COPY OF THE CHILD SUPPORT ORDER  13,238       

REQUIRING HEALTH INSURANCE COVERAGE FOR THE CHILDREN SUBJECT TO    13,239       

THE CHILD SUPPORT ORDER.  THE COURT SHALL SEND COPIES OF THE       13,240       

ORDERS BY ORDINARY MAIL TO THE OBLIGOR, OBLIGEE, AND EMPLOYER      13,241       

SUBJECT TO THE ORDERS.  UPON RECEIPT OF ANY ORDER UNDER THIS       13,243       

SECTION, THE EMPLOYER SHALL TAKE WHATEVER ACTION IS NECESSARY TO   13,244       

COMPLY WITH THE ORDER.                                                          

      Sec. 3119.43.  IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN   13,247       

HEALTH INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER        13,248       

OBTAINS HEALTH INSURANCE COVERAGE FOR THE CHILDREN THROUGH AN      13,249       

EMPLOYER AND SUBSEQUENTLY OBTAINS NEW EMPLOYMENT, THE CHILD        13,250       

SUPPORT ENFORCEMENT AGENCY SHALL INVESTIGATE AND DETERMINE         13,251       

WHETHER THE NEW EMPLOYER OFFERS HEALTH INSURANCE COVERAGE THAT     13,252       

WOULD COVER THE CHILDREN.                                                       

      Sec. 3119.44.  IF THE CHILD SUPPORT ENFORCEMENT AGENCY       13,254       

DETERMINES THAT THE NEW EMPLOYER DESCRIBED IN SECTION 3119.43 OF   13,255       

THE REVISED CODE PROVIDES HEALTH INSURANCE COVERAGE THAT WOULD     13,257       

COVER THE CHILDREN, THE AGENCY SHALL SEND, BY ORDINARY MAIL, A     13,258       

NOTICE DESCRIBED IN SECTION 3119.45 OF THE REVISED CODE TO THE     13,259       

                                                          305    


                                                                 
NEW EMPLOYER.  THE AGENCY SHALL ALSO SEND, BY ORDINARY MAIL, A     13,260       

COPY OF THE NOTICE TO THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN    13,262       

HEALTH INSURANCE COVERAGE UNDER THE CHILD SUPPORT ORDER.                        

      Sec. 3119.45.  THE NOTICE REQUIRED BY SECTION 3119.44 OF     13,265       

THE REVISED CODE SHALL CONTAIN THE FOLLOWING:                      13,266       

      (A)  A STATEMENT THAT THE OBLIGOR OR OBLIGEE SUBJECT TO A    13,268       

CHILD SUPPORT ORDER, OR BOTH OF THEM, ARE REQUIRED TO OBTAIN       13,270       

PURSUANT TO THE ORDER HEALTH INSURANCE COVERAGE IN ANY AVAILABLE   13,272       

GROUP HEALTH INSURANCE POLICY, CONTRACT, OR PLAN FOR THE CHILDREN               

WHO ARE THE SUBJECT OF THE ORDER;                                  13,273       

      (B)  A REQUIREMENT THAT THE NEW EMPLOYER TAKE WHATEVER       13,276       

ACTION IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR   13,277       

OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY        13,278       

AVAILABLE GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT,  13,279       

OR PLAN WITH COVERAGE FOR THE CHILDREN;                                         

      (C)  A REQUIREMENT THAT THE NEW EMPLOYER SUBMIT A COPY OF    13,282       

THE NOTICE DESCRIBED UNDER SECTION 3119.44 OF THE REVISED CODE TO  13,283       

THE INSURER AT THE TIME THAT THE EMPLOYER MAKES APPLICATION TO     13,284       

ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE         13,285       

POLICY, CONTRACT, OR PLAN;                                         13,286       

      (D)  A REQUIREMENT THAT, IF THE APPLICATION IS ACCEPTED,     13,289       

THE NEW EMPLOYER DEDUCT FROM THE WAGES OR OTHER INCOME OF THE      13,290       

OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN THE HEALTH INSURANCE         13,291       

COVERAGE THE COST OF THE COVERAGE FOR THE CHILDREN;                13,292       

      (E)  A STATEMENT THAT THE PROVISIONS OF THE NOTICE ARE       13,295       

FINAL AND ENFORCEABLE BY A COURT AND ARE INCORPORATED INTO THE     13,296       

CHILD SUPPORT ORDER UNLESS THE OBLIGOR OR OBLIGEE REQUIRED TO      13,297       

OBTAIN HEALTH INSURANCE COVERAGE, WITHIN TEN DAYS AFTER THE DATE   13,298       

ON WHICH THE NOTICE IS SENT, FILES A WRITTEN REQUEST WITH THE      13,299       

AGENCY REQUESTING MODIFICATION OF THE CHILD SUPPORT ORDER.                      

      Sec. 3119.46.  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT  13,301       

STANDARD FORMS FOR THE NOTICES REQUIRED BY SECTION 3119.44 OF THE  13,302       

REVISED CODE.  ALL CHILD SUPPORT ENFORCEMENT AGENCIES SHALL USE    13,303       

THE FORMS IN ISSUING NOTICES UNDER THAT SECTION.                   13,304       

                                                          306    


                                                                 
      Sec. 3119.47.  A CHILD SUPPORT ORDER ISSUED IN ACCORDANCE    13,307       

WITH SECTION 3119.30 OF THE REVISED CODE, ANY ORDER ISSUED UNDER                

SECTION 3119.41 OF THE REVISED CODE, OR NOTICE ISSUED PURSUANT TO  13,308       

SECTION 3119.44 OF THE REVISED CODE IS BINDING ON THE OBLIGOR AND  13,310       

THE OBLIGEE, THEIR EMPLOYERS, AND ANY INSURER THAT PROVIDES        13,311       

HEALTH INSURANCE COVERAGE FOR EITHER OF THEM OR THEIR CHILDREN.    13,312       

      Sec. 3119.48.  DURING THE TIME THAT ANY CHILD SUPPORT ORDER  13,314       

ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE, AN  13,315       

ORDER ISSUED UNDER SECTION 3119.41 OF THE REVISED CODE, OR A       13,316       

NOTICE ISSUED PURSUANT TO SECTION 3119.44 OF THE REVISED CODE IS                

IN EFFECT AND AFTER THE EMPLOYER HAS RECEIVED A COPY OF THE ORDER  13,318       

OR NOTICE, THE EMPLOYER OF THE OBLIGOR OR OBLIGEE REQUIRED TO      13,319       

PROVIDE HEALTH INSURANCE COVERAGE SHALL COMPLY WITH THE ORDER OR   13,320       

NOTICE.                                                                         

      Sec. 3119.49.  ON REQUEST FROM THE OTHER PARENT OR THE       13,323       

CHILD SUPPORT ENFORCEMENT AGENCY, THE EMPLOYER OF THE OBLIGOR OR   13,324       

OBLIGEE REQUIRED TO PROVIDE HEALTH INSURANCE COVERAGE SHALL                     

RELEASE TO THE OTHER PARENT AND THE AGENCY ALL INFORMATION ABOUT   13,326       

THE HEALTH INSURANCE COVERAGE THAT IS NECESSARY TO ENSURE          13,327       

COMPLIANCE WITH SECTION 3119.30 OF THE REVISED CODE, AN ORDER      13,328       

ISSUED UNDER SECTION 3119.41 OF THE REVISED CODE, OR A NOTICE      13,329       

ISSUED UNDER SECTION 3119.44 OF THE REVISED CODE, THE NAME AND     13,330       

ADDRESS OF THE INSURER AND ANY POLICY, CONTRACT, OR PLAN NUMBER.   13,331       

      Sec. 3119.491.  INFORMATION PROVIDED BY AN EMPLOYER          13,333       

PURSUANT TO SECTION 3119.49 OF THE REVISED CODE SHALL BE USED      13,334       

ONLY FOR THE PURPOSE OF THE ENFORCEMENT OF AN ORDER ISSUED IN      13,335       

ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE, AN ORDER                   

ISSUED UNDER SECTION 3119.41 OF THE REVISED CODE, OR A NOTICE      13,336       

ISSUED PURSUANT TO SECTION 3119.44 OF THE REVISED CODE.                         

      Sec. 3119.50.  ANY EMPLOYER WHO RECEIVES A COPY OF AN ORDER  13,338       

OR NOTICE DESCRIBED IN SECTION 3119.30, 3119.41, OR 3119.44 OF     13,340       

THE REVISED CODE SHALL NOTIFY THE CHILD SUPPORT ENFORCEMENT        13,341       

AGENCY OF ANY CHANGE IN OR THE TERMINATION OF THE HEALTH           13,342       

INSURANCE COVERAGE THAT IS MAINTAINED PURSUANT TO THE ORDER OR     13,343       

                                                          307    


                                                                 
NOTICE.                                                                         

      Sec. 3119.51.  AN INSURER THAT RECEIVES A COPY OF AN ORDER   13,345       

OR NOTICE DESCRIBED IN SECTION 3119.30, 3119.41, OR 3119.44 OF     13,346       

THE REVISED CODE SHALL COMPLY WITH IT IN ACCORDANCE WITH SECTIONS  13,347       

3119.30 TO 3119.58 OF THE REVISED CODE, REGARDLESS OF THE                       

RESIDENCE OF THE CHILDREN.                                         13,348       

      Sec. 3119.52.  AN INSURER THAT PROVIDES HEALTH INSURANCE     13,350       

COVERAGE FOR THE CHILDREN WHO ARE THE SUBJECT OF A CHILD SUPPORT   13,351       

ORDER IN ACCORDANCE WITH THE CHILD SUPPORT ORDER, AN ORDER ISSUED  13,353       

UNDER SECTION 3119.41 OF THE REVISED CODE, OR A NOTICE ISSUED                   

PURSUANT TO SECTION 3119.44 OF THE REVISED CODE, SHALL REIMBURSE   13,355       

THE PARENT WHO IS DESIGNATED TO RECEIVE REIMBURSEMENT IN THE       13,356       

CHILD SUPPORT ORDER FOR COVERED OUT-OF-POCKET MEDICAL, OPTICAL,    13,357       

HOSPITAL, DENTAL, OR PRESCRIPTION EXPENSES INCURRED ON BEHALF OF   13,358       

THE CHILDREN.                                                                   

      Sec. 3119.53.  NOTHING IN SECTIONS 3119.30 TO 3119.58 OF     13,360       

THE REVISED CODE SHALL BE CONSTRUED TO REQUIRE AN INSURER TO       13,362       

ACCEPT FOR ENROLLMENT ANY CHILD WHO DOES NOT MEET THE              13,363       

UNDERWRITING STANDARDS OF THE HEALTH INSURANCE POLICY, CONTRACT,   13,364       

OR PLAN FOR WHICH APPLICATION IS MADE.                                          

      Sec. 3119.54.  IF AN OBLIGEE UNDER A CHILD SUPPORT ORDER     13,366       

ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE IS   13,368       

ELIGIBLE FOR MEDICAL ASSISTANCE UNDER CHAPTER 5111. OR 5115. OF    13,369       

THE REVISED CODE AND THE OBLIGOR HAS OBTAINED HEALTH INSURANCE     13,370       

COVERAGE, THE OBLIGEE SHALL NOTIFY ANY PHYSICIAN, HOSPITAL, OR     13,371       

OTHER PROVIDER OF MEDICAL SERVICES FOR WHICH MEDICAL ASSISTANCE    13,372       

IS AVAILABLE OF THE NAME AND ADDRESS OF THE OBLIGOR'S INSURER AND  13,373       

OF THE NUMBER OF THE OBLIGOR'S HEALTH INSURANCE POLICY, CONTRACT,  13,375       

OR PLAN.  ANY PHYSICIAN, HOSPITAL, OR OTHER PROVIDER OF MEDICAL    13,376       

SERVICES FOR WHICH MEDICAL ASSISTANCE IS AVAILABLE UNDER CHAPTER   13,377       

5111. OR 5115. OF THE REVISED CODE WHO IS NOTIFIED UNDER THIS      13,379       

DIVISION OF THE EXISTENCE OF A HEALTH INSURANCE POLICY, CONTRACT,  13,380       

OR PLAN WITH COVERAGE FOR CHILDREN WHO ARE ELIGIBLE FOR MEDICAL    13,381       

ASSISTANCE SHALL FIRST BILL THE INSURER FOR ANY SERVICES PROVIDED  13,382       

                                                          308    


                                                                 
FOR THOSE CHILDREN.  IF THE INSURER FAILS TO PAY ALL OR ANY PART   13,383       

OF A CLAIM FILED UNDER THIS SECTION AND THE SERVICES FOR WHICH     13,384       

THE CLAIM IS FILED ARE COVERED BY CHAPTER 5111. OR 5115. OF THE    13,386       

REVISED CODE, THE PHYSICIAN, HOSPITAL, OR OTHER MEDICAL SERVICES   13,388       

PROVIDER SHALL BILL THE REMAINING UNPAID COSTS OF THE SERVICES IN  13,389       

ACCORDANCE WITH CHAPTER 5111. OR 5115. OF THE REVISED CODE.        13,390       

      Sec. 3119.56.  AN OBLIGOR WHO FAILS TO COMPLY WITH A CHILD   13,392       

SUPPORT ORDER ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE     13,394       

REVISED CODE, OR AN ORDER ISSUED UNDER SECTION 3119.41 OF THE      13,395       

REVISED CODE, IS LIABLE TO THE OBLIGEE FOR ANY MEDICAL EXPENSES    13,397       

INCURRED AS A RESULT OF THE FAILURE TO COMPLY WITH THE ORDER.  AN  13,399       

OBLIGEE WHO FAILS TO COMPLY WITH A CHILD SUPPORT ORDER ISSUED IN   13,400       

ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE, OR AN ORDER                

ISSUED UNDER SECTION 3119.41 OF THE REVISED CODE IS LIABLE TO THE  13,402       

OBLIGOR FOR ANY MEDICAL EXPENSES INCURRED AS A RESULT OF THE       13,403       

FAILURE TO COMPLY WITH THE ORDER.                                               

      Sec. 3119.57.  WHOEVER VIOLATES A COURT CHILD SUPPORT ORDER  13,405       

ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE, OR  13,406       

AN ORDER ISSUED UNDER SECTION 3119.41 OF THE REVISED CODE, MAY BE  13,408       

PUNISHED AS FOR CONTEMPT UNDER CHAPTER 2705. OF THE REVISED CODE.  13,409       

      Sec. 3119.58.  IF AN OBLIGOR IS FOUND IN CONTEMPT UNDER      13,412       

CHAPTER 2705. FOR FAILING TO COMPLY WITH A COURT CHILD SUPPORT                  

ORDER ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE REVISED     13,413       

CODE, OR AN ORDER ISSUED UNDER SECTION 3119.41 OF THE REVISED      13,414       

CODE TO ENFORCE A COURT CHILD SUPPORT ORDER'S HEALTH INSURANCE     13,415       

PROVISIONS AND THE OBLIGOR PREVIOUSLY HAS BEEN FOUND IN CONTEMPT   13,417       

UNDER THAT CHAPTER, THE COURT SHALL CONSIDER THE OBLIGOR'S         13,418       

FAILURE TO COMPLY WITH THE ORDER AS A CHANGE IN CIRCUMSTANCES FOR  13,420       

THE PURPOSE OF MODIFICATION OF THE AMOUNT OF SUPPORT DUE UNDER     13,421       

THE COURT CHILD SUPPORT ORDER ISSUED IN ACCORDANCE WITH SECTION    13,422       

3119.30 OF THE REVISED CODE.                                                    

      Sec. 3119.60.  IF A CHILD SUPPORT ENFORCEMENT AGENCY,        13,424       

PERIODICALLY OR ON REQUEST OF AN OBLIGOR OR OBLIGEE, PLANS TO      13,425       

REVIEW A CHILD SUPPORT ORDER IN ACCORDANCE WITH THE RULES ADOPTED  13,426       

                                                          309    


                                                                 
PURSUANT TO SECTION 3119.76 OF THE REVISED CODE OR OTHERWISE       13,427       

PLANS TO REVIEW A CHILD SUPPORT ORDER, IT SHALL DO ALL OF THE      13,429       

FOLLOWING PRIOR TO FORMALLY BEGINNING THE REVIEW:                  13,430       

      (A)  ESTABLISH A DATE CERTAIN ON WHICH THE REVIEW WILL       13,432       

FORMALLY BEGIN;                                                    13,433       

      (B)  AT LEAST FORTY-FIVE DAYS BEFORE FORMALLY BEGINNING THE  13,436       

REVIEW, SEND THE OBLIGOR AND THE OBLIGEE NOTICE OF THE PLANNED     13,437       

REVIEW AND OF THE DATE WHEN THE REVIEW WILL FORMALLY BEGIN;        13,438       

      (C)(1)  REQUEST THE OBLIGOR TO PROVIDE THE AGENCY, NO LATER  13,440       

THAN THE SCHEDULED DATE FOR FORMALLY BEGINNING THE REVIEW, WITH    13,441       

ALL OF THE FOLLOWING:                                              13,442       

      (a)  A COPY OF THE OBLIGOR'S FEDERAL INCOME TAX RETURN FROM  13,444       

THE PREVIOUS YEAR;                                                 13,445       

      (b)  A COPY OF ALL PAY STUBS OBTAINED BY THE OBLIGOR WITHIN  13,447       

THE PRECEDING SIX MONTHS;                                          13,448       

      (c)  A COPY OF ALL OTHER RECORDS EVIDENCING THE RECEIPT OF   13,451       

ANY OTHER SALARY, WAGES, OR COMPENSATION BY THE OBLIGOR WITHIN     13,452       

THE PRECEDING SIX MONTHS;                                                       

      (d)  A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE    13,455       

POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGOR AND THEIR  13,456       

COSTS;                                                                          

      (e)  THE CURRENT HEALTH INSURANCE OR HEALTH CARE POLICY,     13,459       

CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS ENROLLED AND ITS                   

COST;                                                              13,460       

      (f)  ANY OTHER INFORMATION NECESSARY TO PROPERLY REVIEW THE  13,463       

CHILD SUPPORT ORDER.                                                            

      (2)  THE AGENCY SHALL REQUEST THE OBLIGEE TO PROVIDE THE     13,465       

AGENCY, NO LATER THAN THE SCHEDULED DATE FOR FORMALLY BEGINNING    13,467       

THE REVIEW, WITH ALL OF THE FOLLOWING:                                          

      (a)  A COPY OF THE OBLIGEE'S FEDERAL INCOME TAX RETURN FROM  13,470       

THE PREVIOUS YEAR;                                                              

      (b)  A COPY OF ALL PAY STUBS OBTAINED BY THE OBLIGEE WITHIN  13,472       

THE PRECEDING SIX MONTHS;                                          13,473       

      (c)  A COPY OF ALL OTHER RECORDS EVIDENCING THE RECEIPT OF   13,476       

                                                          310    


                                                                 
ANY OTHER SALARY, WAGES, OR COMPENSATION BY THE OBLIGEE WITHIN     13,477       

THE PRECEDING SIX MONTHS;                                                       

      (d)  A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE    13,480       

POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGEE AND THEIR  13,481       

COSTS;                                                                          

      (e)  THE CURRENT HEALTH INSURANCE OR HEALTH CARE POLICY,     13,483       

CONTRACT, OR PLAN UNDER WHICH THE OBLIGEE IS ENROLLED AND ITS      13,484       

COST;                                                                           

      (f)  ANY OTHER INFORMATION NECESSARY TO PROPERLY REVIEW THE  13,487       

CHILD SUPPORT ORDER.                                                            

      (D)  INCLUDE IN THE NOTICE SENT PURSUANT TO DIVISION (B) OF  13,490       

THIS SECTION, ONE OF THE FOLLOWING:                                             

      (1)  IF THE CHILD SUPPORT ORDER BEING REVIEWED IS A COURT    13,492       

CHILD SUPPORT ORDER, A NOTICE THAT A WILLFUL FAILURE TO PROVIDE    13,494       

THE DOCUMENTS AND OTHER INFORMATION REQUESTED PURSUANT TO                       

DIVISION (C) OF THIS SECTION IS CONTEMPT OF COURT;                 13,496       

      (2)  IF THE CHILD SUPPORT ORDER BEING REVIEWED IS AN         13,498       

ADMINISTRATIVE CHILD SUPPORT ORDER, A NOTICE THAT IF EITHER THE    13,499       

OBLIGOR OR OBLIGEE FAILS TO COMPLY WITH THE REQUEST FOR            13,500       

INFORMATION, THE AGENCY MAY BRING AN ACTION UNDER SECTION 3119.72  13,501       

OF THE REVISED CODE REQUESTING THAT THE COURT FIND THE OBLIGOR     13,502       

AND THE OBLIGEE IN CONTEMPT PURSUANT TO SECTION 2705.02 OF THE                  

REVISED CODE.                                                                   

      Sec. 3119.61.  THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL    13,504       

REVIEW AN ADMINISTRATIVE CHILD SUPPORT ORDER ON THE DATE           13,506       

ESTABLISHED PURSUANT TO SECTION 3119.60 OF THE REVISED CODE FOR                 

FORMALLY BEGINNING THE REVIEW OF THE ORDER.  IF THE AGENCY         13,508       

DETERMINES THAT A MODIFICATION IS NECESSARY AND IN THE BEST                     

INTEREST OF THE CHILD SUBJECT TO THE ORDER, THE AGENCY SHALL       13,509       

CALCULATE THE AMOUNT THE OBLIGOR SHALL PAY IN ACCORDANCE WITH      13,510       

SECTION 3119.021 OF THE REVISED CODE.  THE AGENCY MAY NOT GRANT A  13,512       

DEVIATION PURSUANT TO SECTION 3119.23 OF THE REVISED CODE FROM                  

THE GUIDELINES SET FORTH IN SECTION 3119.021 OF THE REVISED CODE.  13,513       

IF THE AGENCY CAN SET THE CHILD SUPPORT THE OBLIGOR IS TO PAY      13,514       

                                                          311    


                                                                 
WITHOUT GRANTING SUCH A DEVIATION FROM THE GUIDELINES, THE AGENCY  13,516       

SHALL DO THE FOLLOWING:                                                         

      (A)  GIVE THE OBLIGOR AND OBLIGEE NOTICE OF THE REVISED      13,518       

AMOUNT OF CHILD SUPPORT TO BE PAID UNDER THE ADMINISTRATIVE CHILD  13,519       

SUPPORT ORDER, OF THEIR RIGHT TO REQUEST AN ADMINISTRATIVE         13,520       

HEARING ON THE REVISED CHILD SUPPORT AMOUNT, OF THE PROCEDURES     13,521       

AND TIME DEADLINES FOR REQUESTING THE HEARING, AND THAT THE        13,522       

AGENCY WILL MODIFY THE ADMINISTRATIVE CHILD SUPPORT ORDER TO                    

INCLUDE THE REVISED CHILD SUPPORT AMOUNT UNLESS THE OBLIGOR OR     13,523       

OBLIGEE REQUESTS AN ADMINISTRATIVE HEARING ON THE REVISED AMOUNT   13,524       

NO LATER THAN THIRTY DAYS AFTER RECEIPT OF THE NOTICE UNDER THIS   13,525       

DIVISION;                                                                       

      (B)  IF NEITHER THE OBLIGOR NOR OBLIGEE TIMELY REQUESTS AN   13,527       

ADMINISTRATIVE HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT,     13,528       

THE AGENCY SHALL MODIFY THE ADMINISTRATIVE CHILD SUPPORT ORDER TO  13,529       

INCLUDE THE REVISED CHILD SUPPORT AMOUNT;                          13,530       

      (C)  IF THE OBLIGOR OR OBLIGEE TIMELY REQUESTS AN            13,532       

ADMINISTRATIVE HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT,     13,533       

THE AGENCY SHALL DO ALL OF THE FOLLOWING:                          13,534       

      (1)  SCHEDULE A HEARING ON THE ISSUE;                        13,537       

      (2)  GIVE THE OBLIGOR AND OBLIGEE NOTICE OF THE DATE, TIME,  13,539       

AND LOCATION OF THE HEARING;                                       13,540       

      (3)  CONDUCT THE HEARING IN ACCORDANCE WITH THE RULES        13,542       

ADOPTED UNDER SECTION 3119.76 OF THE REVISED CODE;                 13,543       

      (4)  REDETERMINE AT THE HEARING A REVISED AMOUNT OF CHILD    13,546       

SUPPORT TO BE PAID UNDER THE ADMINISTRATIVE CHILD SUPPORT ORDER;   13,547       

      (5)  MODIFY THE ORDER TO INCLUDE THE REVISED AMOUNT OF       13,549       

CHILD SUPPORT;                                                     13,550       

      (6)  GIVE NOTICE TO THE OBLIGOR AND OBLIGEE OF THE AMOUNT    13,552       

OF CHILD SUPPORT TO BE PAID UNDER THE ORDER AND THAT THE OBLIGOR   13,553       

AND OBLIGEE MAY OBJECT TO THE MODIFIED ORDER BY INITIATING AN      13,554       

ACTION UNDER SECTION 2151.231 OF THE REVISED CODE IN THE JUVENILE  13,555       

COURT OF THE COUNTY IN WHICH THE MOTHER, THE FATHER, THE CHILD,    13,556       

OR THE GUARDIAN OR CUSTODIAN OF THE CHILD RESIDE.                               

                                                          312    


                                                                 
      IF THE AGENCY MODIFIES AN EXISTING ADMINISTRATIVE CHILD      13,558       

SUPPORT ORDER, THE MODIFICATION SHALL RELATE BACK TO THE FIRST     13,559       

DAY OF THE MONTH FOLLOWING THE DATE CERTAIN ON WHICH THE REVIEW    13,560       

BEGAN UNDER SECTION 3119.60 OF THE REVISED CODE.                                

      IF THE AGENCY CANNOT SET THE AMOUNT OF CHILD SUPPORT THE     13,562       

OBLIGOR WILL PAY UNDER THE ADMINISTRATIVE CHILD SUPPORT ORDER      13,563       

WITHOUT GRANTING A DEVIATION PURSUANT TO SECTION 3119.23 OF THE    13,564       

REVISED CODE, THE AGENCY SHALL BRING AN ACTION UNDER SECTION       13,565       

2151.231 OF THE REVISED CODE ON BEHALF OF THE PERSON WHO           13,566       

REQUESTED THAT THE AGENCY REVIEW THE EXISTING ADMINISTRATIVE       13,567       

ORDER OR IF NO ONE REQUESTED THE REVIEW, ON BEHALF OF THE                       

OBLIGEE, IN THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE   13,568       

AGENCY IS LOCATED REQUESTING THAT THE COURT ISSUE A CHILD SUPPORT  13,569       

ORDER.                                                                          

      Sec. 3119.63.  THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL    13,571       

REVIEW A COURT CHILD SUPPORT ORDER ON THE DATE ESTABLISHED         13,573       

PURSUANT TO SECTION 3119.60 OF THE REVISED CODE FOR FORMALLY       13,574       

BEGINNING THE REVIEW OF THE ORDER AND SHALL DO ALL OF THE          13,575       

FOLLOWING:                                                                      

      (A)  CALCULATE A REVISED AMOUNT OF CHILD SUPPORT TO BE PAID  13,577       

UNDER THE COURT CHILD SUPPORT ORDER;                               13,578       

      (B)  GIVE THE OBLIGOR AND OBLIGEE NOTICE OF THE REVISED      13,580       

AMOUNT OF CHILD SUPPORT, OF THEIR RIGHT TO REQUEST AN              13,582       

ADMINISTRATIVE HEARING ON THE REVISED AMOUNT, OF THE PROCEDURES    13,583       

AND TIME DEADLINES FOR REQUESTING THE HEARING, AND THAT THE        13,584       

REVISED AMOUNT OF CHILD SUPPORT WILL BE SUBMITTED TO THE COURT     13,585       

FOR INCLUSION IN A REVISED COURT CHILD SUPPORT ORDER UNLESS THE    13,586       

OBLIGOR OR OBLIGEE REQUESTS AN ADMINISTRATIVE HEARING ON THE       13,587       

PROPOSED CHANGE WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE NOTICE   13,588       

UNDER THIS DIVISION;                                                            

      (C)  GIVE THE OBLIGOR AND OBLIGEE NOTICE THAT IF THE COURT   13,591       

CHILD SUPPORT ORDER CONTAINS A DEVIATION GRANTED UNDER SECTION     13,593       

3119.23 OF THE REVISED CODE, IF THE OBLIGOR OR OBLIGEE INTEND TO                

REQUEST A DEVIATION FROM THE CHILD SUPPORT AMOUNT TO BE PAID       13,594       

                                                          313    


                                                                 
UNDER THE COURT CHILD SUPPORT ORDER, OR IF THE AGENCY ADVISES THE  13,595       

COURT TO GRANT, DENY, OR REMOVE AN ADJUSTMENT DESCRIBED IN         13,596       

SECTION 3119.14 OF THE REVISED CODE, THE OBLIGOR AND OBLIGEE HAVE               

A RIGHT TO REQUEST A COURT HEARING ON THE REVISED AMOUNT OF CHILD  13,597       

SUPPORT WITHOUT FIRST REQUESTING AN ADMINISTRATIVE HEARING AND     13,598       

THAT THE OBLIGOR OR OBLIGEE, IN ORDER TO EXERCISE THIS RIGHT,      13,599       

MUST MAKE THE REQUEST FOR A COURT HEARING NO LATER THAN FOURTEEN   13,601       

DAYS AFTER RECEIPT OF THE NOTICE;                                               

      (D)  IF NEITHER THE OBLIGOR NOR THE OBLIGEE TIMELY REQUESTS  13,603       

AN ADMINISTRATIVE OR COURT HEARING ON THE REVISED AMOUNT OF CHILD  13,604       

SUPPORT, SUBMIT THE REVISED AMOUNT OF CHILD SUPPORT TO THE COURT   13,606       

FOR INCLUSION IN A REVISED COURT CHILD SUPPORT ORDER;              13,607       

      (E)  IF THE OBLIGOR OR THE OBLIGEE TIMELY REQUESTS AN        13,609       

ADMINISTRATIVE HEARING ON THE REVISED CHILD SUPPORT AMOUNT, THE    13,610       

AGENCY SHALL SCHEDULE A HEARING ON THE ISSUE, GIVE THE OBLIGOR     13,612       

AND OBLIGEE NOTICE OF THE DATE, TIME, AND LOCATION OF THE          13,613       

HEARING, CONDUCT THE HEARING IN ACCORDANCE WITH THE RULES ADOPTED  13,614       

UNDER SECTION 3119.76 OF THE REVISED CODE, REDETERMINE AT THE      13,615       

HEARING A REVISED AMOUNT OF CHILD SUPPORT TO BE PAID UNDER THE     13,617       

COURT CHILD SUPPORT ORDER, AND GIVE NOTICE TO THE OBLIGOR AND      13,618       

OBLIGEE OF THE REVISED AMOUNT OF CHILD SUPPORT, THAT THEY MAY      13,619       

REQUEST A COURT HEARING ON THE REVISED AMOUNT, AND THAT THE                     

AGENCY WILL SUBMIT THE REVISED AMOUNT OF CHILD SUPPORT TO THE      13,623       

COURT FOR INCLUSION IN A REVISED COURT CHILD SUPPORT ORDER, IF     13,624       

NEITHER THE OBLIGOR NOR THE OBLIGEE REQUESTS A COURT HEARING ON    13,625       

THE REVISED AMOUNT OF CHILD SUPPORT;                                            

      (F)  IF NEITHER THE OBLIGOR NOR THE OBLIGEE REQUESTS A       13,627       

COURT HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT, SUBMIT THE   13,628       

REVISED AMOUNT OF CHILD SUPPORT TO THE COURT FOR INCLUSION IN A    13,630       

REVISED COURT CHILD SUPPORT ORDER.                                 13,631       

      Sec. 3119.64.  IF AN OBLIGOR OR OBLIGEE FILES A REQUEST FOR  13,633       

A COURT HEARING ON A REVISED AMOUNT OF CHILD SUPPORT TO BE PAID    13,634       

UNDER A COURT CHILD SUPPORT ORDER IN ACCORDANCE WITH SECTION       13,636       

3119.63 OF THE REVISED CODE AND THE RULES ADOPTED UNDER SECTION                 

                                                          314    


                                                                 
3119.76 OF THE REVISED CODE, THE COURT SHALL CONDUCT A HEARING IN  13,637       

ACCORDANCE WITH SECTION 3119.66 OF THE REVISED CODE.               13,639       

      Sec. 3119.65.  IF NEITHER THE OBLIGOR NOR THE OBLIGEE        13,642       

REQUESTS A COURT HEARING ON A REVISED AMOUNT OF CHILD SUPPORT TO   13,643       

BE PAID UNDER A COURT CHILD SUPPORT ORDER IN ACCORDANCE WITH       13,644       

SECTION 3119.63 OF THE REVISED CODE, THE COURT SHALL ISSUE A                    

REVISED COURT CHILD SUPPORT ORDER TO REQUIRE THE OBLIGOR TO PAY    13,645       

THE REVISED AMOUNT OF CHILD SUPPORT CALCULATED BY THE CHILD        13,646       

SUPPORT ENFORCEMENT AGENCY.                                        13,647       

      Sec. 3119.66.  IF THE OBLIGOR OR THE OBLIGEE REQUESTS A      13,649       

COURT HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT CALCULATED    13,650       

BY THE CHILD SUPPORT ENFORCEMENT AGENCY, THE COURT SHALL SCHEDULE  13,652       

AND CONDUCT A HEARING TO DETERMINE WHETHER THE REVISED AMOUNT OF   13,653       

CHILD SUPPORT IS THE APPROPRIATE AMOUNT AND WHETHER THE AMOUNT OF  13,654       

CHILD SUPPORT BEING PAID UNDER THE COURT CHILD SUPPORT ORDER       13,655       

SHOULD BE REVISED.                                                              

      Sec. 3119.67.  A COURT REQUIRED TO SCHEDULE AND CONDUCT A    13,657       

HEARING PURSUANT TO SECTION 3119.66 OF THE REVISED CODE SHALL      13,660       

GIVE THE OBLIGOR, OBLIGEE, AND CHILD SUPPORT ENFORCEMENT AGENCY                 

AT LEAST THIRTY DAYS' NOTICE OF THE DATE, TIME, AND LOCATION OF    13,662       

THE HEARING.                                                                    

      Sec. 3119.68.  A COURT REQUIRED TO SCHEDULE AND CONDUCT A    13,664       

HEARING PURSUANT TO SECTION 3119.66 OF THE REVISED CODE SHALL DO   13,667       

BOTH OF THE FOLLOWING IF THE OBLIGOR OR OBLIGEE FAILED TO PROVIDE               

ANY OF THE ITEMS DESCRIBED IN DIVISIONS (A)(1) TO (5) AND (B)(1)   13,669       

TO (5) OF THIS SECTION:                                                         

      (A)  ORDER THE OBLIGOR TO PROVIDE THE COURT WITH ALL OF THE  13,671       

FOLLOWING:                                                         13,672       

      (1)  A COPY OF THE OBLIGOR'S FEDERAL INCOME TAX RETURN FROM  13,675       

THE PREVIOUS YEAR;                                                              

      (2)  A COPY OF ALL PAY STUBS OBTAINED BY THE OBLIGOR WITHIN  13,678       

THE PRECEDING SIX MONTHS;                                          13,679       

      (3)  A COPY OF ALL OTHER RECORDS EVIDENCING THE RECEIPT OF   13,682       

ANY OTHER SALARY, WAGES, OR COMPENSATION BY THE OBLIGOR WITHIN     13,683       

                                                          315    


                                                                 
THE PRECEDING SIX MONTHS;                                                       

      (4)  A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE    13,686       

POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGOR AND THEIR  13,687       

COSTS;                                                                          

      (5)  THE CURRENT HEALTH INSURANCE OR HEALTH CARE POLICY,     13,690       

CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS ENROLLED AND ITS                   

COST.                                                              13,691       

      (B)  ORDER THE OBLIGEE TO PROVIDE THE COURT WITH ALL OF THE  13,694       

FOLLOWING:                                                                      

      (1)  A COPY OF THE OBLIGEE'S FEDERAL INCOME TAX RETURN FROM  13,697       

THE PREVIOUS YEAR;                                                              

      (2)  A COPY OF ALL PAY STUBS OBTAINED BY THE OBLIGEE WITHIN  13,700       

THE PRECEDING SIX MONTHS;                                                       

      (3)  A COPY OF ALL OTHER RECORDS EVIDENCING THE RECEIPT OF   13,703       

ANY OTHER SALARY, WAGES, OR COMPENSATION BY THE OBLIGEE WITHIN     13,704       

THE PRECEDING SIX MONTHS;                                          13,705       

      (4)  A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE    13,707       

POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGEE AND THEIR  13,708       

COSTS;                                                                          

      (5)  THE CURRENT HEALTH INSURANCE OR HEALTH CARE POLICY,     13,710       

CONTRACT, OR PLAN UNDER WHICH THE OBLIGEE IS ENROLLED AND ITS      13,712       

COST.                                                                           

      Sec. 3119.69.  A COURT REQUIRED TO SCHEDULE AND CONDUCT A    13,714       

HEARING PURSUANT TO SECTION 3119.66 OF THE REVISED CODE SHALL      13,717       

GIVE THE OBLIGOR AND THE OBLIGEE NOTICE THAT ANY WILLFUL FAILURE   13,718       

TO COMPLY WITH A COURT ORDER IS CONTEMPT OF COURT AND, ON A        13,719       

FINDING BY THE COURT THAT A PERSON IS IN CONTEMPT OF COURT, THE    13,720       

COURT AND THE CHILD SUPPORT ENFORCEMENT AGENCY WILL TAKE ANY       13,722       

ACTION NECESSARY TO OBTAIN THE INFORMATION OR MAKE ANY REASONABLE  13,723       

ASSUMPTIONS NECESSARY WITH RESPECT TO THE INFORMATION THE PERSON   13,725       

IN CONTEMPT OF COURT DID NOT PROVIDE TO ENSURE A FAIR AND                       

EQUITABLE REVIEW OF THE COURT CHILD SUPPORT ORDER.                 13,727       

      Sec. 3119.70.  A COURT THAT CONDUCTS A HEARING PURSUANT TO   13,730       

SECTION 3119.66 OF THE REVISED CODE SHALL DO BOTH OF THE           13,731       

                                                          316    


                                                                 
FOLLOWING:                                                                      

      (A)  IF THE COURT DETERMINES AT THE HEARING THAT THE         13,733       

REVISED CHILD SUPPORT AMOUNT CALCULATED BY THE CHILD SUPPORT       13,734       

ENFORCEMENT AGENCY IS THE APPROPRIATE AMOUNT, ISSUE A REVISED      13,735       

COURT CHILD SUPPORT ORDER REQUIRING THE OBLIGOR TO PAY THE         13,736       

REVISED AMOUNT;                                                                 

      (B)  IF THE COURT DETERMINES THAT THE REVISED CHILD SUPPORT  13,738       

AMOUNT CALCULATED BY THE AGENCY IS NOT THE APPROPRIATE AMOUNT,     13,739       

DETERMINE THE APPROPRIATE CHILD SUPPORT AMOUNT AND, IF NECESSARY,  13,740       

ISSUE A REVISED COURT CHILD SUPPORT ORDER REQUIRING THE OBLIGOR    13,741       

TO PAY THE CHILD SUPPORT AMOUNT DETERMINED BY THE COURT.           13,742       

      Sec. 3119.71.  IF THE OBLIGOR OR OBLIGEE DOES NOT REQUEST A  13,744       

COURT HEARING ON THE REVISED CHILD SUPPORT AMOUNT DETERMINED BY    13,745       

THE CHILD SUPPORT ENFORCEMENT AGENCY AND FILED WITH THE COURT      13,747       

PURSUANT TO SECTION 3119.63 OF THE REVISED CODE AND THE COURT      13,749       

MODIFIES THE ORDER TO INCLUDE THE REVISED AMOUNT PURSUANT TO       13,750       

SECTION 3119.65 OF THE REVISED CODE, THE MODIFICATION SHALL        13,752       

RELATE BACK TO THE FIRST DAY OF THE MONTH FOLLOWING THE DATE       13,753       

CERTAIN ON WHICH THE REVIEW OF THE COURT CHILD SUPPORT ORDER       13,754       

BEGAN PURSUANT TO DIVISION (A) OF SECTION 3119.60 OF THE REVISED   13,756       

CODE.  IF THE OBLIGOR OR OBLIGEE REQUESTS A COURT HEARING ON THE   13,758       

REVISED CHILD SUPPORT AMOUNT AND THE COURT, AFTER CONDUCTING A     13,760       

HEARING, MODIFIES THE COURT CHILD SUPPORT AMOUNT UNDER THE ORDER,  13,761       

THE MODIFICATION SHALL RELATE BACK TO THE FIRST DAY OF THE MONTH   13,763       

FOLLOWING THE DATE ON WHICH THE REVIEW OF THE COURT CHILD SUPPORT  13,764       

ORDER BEGAN PURSUANT TO DIVISION (A) OF SECTION 3119.60 OF THE     13,766       

REVISED CODE.                                                                   

      Sec. 3119.72.  IF EITHER THE OBLIGOR OR THE OBLIGEE FAILS    13,768       

TO COMPLY WITH A REQUEST FOR INFORMATION MADE PURSUANT TO          13,769       

DIVISION (C) OF SECTION 3119.60 OF THE REVISED CODE, ONE OF THE    13,770       

FOLLOWING APPLIES:                                                 13,771       

      (A)  IF THE CHILD SUPPORT ORDER BEING REVIEWED IS A COURT    13,773       

CHILD SUPPORT ORDER, FAILURE TO COMPLY WITH A REQUEST FOR          13,774       

INFORMATION IS CONTEMPT OF COURT, AND THE CHILD SUPPORT            13,776       

                                                          317    


                                                                 
ENFORCEMENT AGENCY SHALL NOTIFY THE COURT OF THE FAILURE TO                     

COMPLY WITH THE REQUEST FOR INFORMATION.  THE AGENCY MAY REQUEST   13,778       

THE COURT TO ISSUE AN ORDER REQUIRING THE OBLIGOR OR THE OBLIGEE   13,779       

TO PROVIDE THE INFORMATION AS REQUESTED OR TAKE WHATEVER ACTION    13,780       

IS NECESSARY TO OBTAIN THE INFORMATION AND MAKE ANY REASONABLE     13,781       

ASSUMPTIONS NECESSARY WITH RESPECT TO THE INFORMATION THE PERSON   13,782       

IN CONTEMPT OF COURT DID NOT PROVIDE TO ENSURE A FAIR AND          13,784       

EQUITABLE REVIEW OF THE CHILD SUPPORT ORDER.                       13,786       

      (B)  IF THE CHILD SUPPORT ORDER BEING REVIEWED IS AN         13,788       

ADMINISTRATIVE CHILD SUPPORT ORDER, THE AGENCY MAY REQUEST THAT    13,790       

THE COURT ISSUE AN ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO       13,791       

COMPLY WITH THE AGENCY'S REQUEST FOR INFORMATION.  THE AGENCY MAY  13,792       

REQUEST THAT THE ORDER REQUIRE THE OBLIGOR OR OBLIGEE TO PROVIDE                

THE NECESSARY INFORMATION OR PERMIT THE AGENCY TO TAKE WHATEVER    13,793       

ACTION IS NECESSARY TO OBTAIN THE INFORMATION AND MAKE ANY         13,794       

REASONABLE ASSUMPTIONS NECESSARY WITH RESPECT TO THE INFORMATION   13,795       

NOT PROVIDED TO ENSURE A FAIR AND EQUITABLE REVIEW OF THE          13,796       

ADMINISTRATIVE CHILD SUPPORT ORDER.  AN OBLIGOR OR OBLIGEE WHO     13,797       

FAILS TO COMPLY WITH THE COURT ORDER IS IN CONTEMPT OF COURT.  IF  13,798       

AN OBLIGOR OR OBLIGEE IS IN CONTEMPT OF COURT, THE AGENCY MAY      13,799       

REQUEST THE COURT TO HOLD THE PERSON WHO FAILED TO COMPLY IN       13,800       

CONTEMPT OR TO PERMIT THE AGENCY TO TAKE WHATEVER ACTION IS        13,801       

NECESSARY TO OBTAIN INFORMATION AND MAKE ANY REASONABLE            13,802       

ASSUMPTIONS NECESSARY WITH RESPECT TO THE INCOME OF THE PERSON     13,803       

WHO FAILED TO COMPLY WITH THE REQUEST TO ENSURE A FAIR AND         13,804       

EQUITABLE REVIEW OF THE ADMINISTRATIVE CHILD SUPPORT ORDER.        13,805       

      IF THE AGENCY DECIDES TO CONDUCT THE REVIEW OF THE CHILD     13,807       

SUPPORT ORDER BASED ON REASONABLE ASSUMPTIONS WITH RESPECT TO THE  13,808       

INFORMATION THE PERSON IN CONTEMPT OF COURT DID NOT PROVIDE, IT    13,810       

SHALL PROCEED UNDER SECTION 3119.61 OR 3119.63 OF THE REVISED      13,811       

CODE IN THE SAME MANNER AS IF ALL REQUESTED INFORMATION HAS BEEN   13,813       

RECEIVED.                                                                       

      Sec. 3119.73.  (A)  IN CALCULATING A REVISED AMOUNT OF       13,815       

CHILD SUPPORT TO BE PAID UNDER SECTION 3119.61 OR 3119.63 OF THE   13,818       

                                                          318    


                                                                 
REVISED CODE, AND IN REDETERMINING, AT AN ADMINISTRATIVE HEARING   13,819       

CONDUCTED UNDER EITHER OF THOSE SECTIONS, A REVISED AMOUNT OF      13,822       

CHILD SUPPORT TO BE PAID, THE CHILD SUPPORT ENFORCEMENT AGENCY     13,823       

SHALL CONSIDER, IN ADDITION TO ALL OTHER FACTORS REQUIRED BY LAW   13,824       

TO BE CONSIDERED, THE FOLLOWING:                                   13,825       

      (1)  THE APPROPRIATE PERSON, WHETHER IT IS THE OBLIGOR,      13,827       

OBLIGEE, OR BOTH, TO BE REQUIRED TO PROVIDE HEALTH INSURANCE       13,829       

COVERAGE FOR THE CHILDREN SPECIFIED IN THE ORDER;                               

      (2)  THE COST OF HEALTH INSURANCE COVERAGE THAT THE          13,832       

OBLIGOR, THE OBLIGEE, OR BOTH HAVE BEEN ORDERED TO OBTAIN FOR THE  13,833       

CHILDREN SPECIFIED IN THE ORDER.                                   13,834       

      (B)  IN DETERMINING, AT A HEARING CONDUCTED UNDER SECTION    13,837       

3119.66 OF THE REVISED CODE, THE APPROPRIATE AMOUNT OF CHILD       13,838       

SUPPORT TO BE PAID BY THE OBLIGOR, THE COURT SHALL CONSIDER THE    13,839       

FOLLOWING, IN ADDITION TO ALL OTHER FACTORS REQUIRED BY LAW TO BE  13,840       

CONSIDERED:                                                                     

      (1)  THE APPROPRIATE PERSON, WHETHER IT IS THE OBLIGOR,      13,842       

OBLIGEE, OR BOTH, TO BE REQUIRED TO PROVIDE HEALTH INSURANCE       13,844       

COVERAGE FOR THE CHILDREN SPECIFIED IN THE ORDER;                               

      (2)  THE COST OF HEALTH INSURANCE THAT THE OBLIGOR, THE      13,847       

OBLIGEE, OR BOTH HAVE BEEN ORDERED TO OBTAIN FOR THE CHILDREN      13,849       

SPECIFIED IN THE ORDER.                                                         

      Sec. 3119.74.  (A)  THE CHILD SUPPORT ENFORCEMENT AGENCY     13,851       

SHALL COMPLY WITH SECTIONS 3119.14 TO 3119.19 OF THE REVISED CODE  13,854       

WHEN IT CALCULATES A REVISED AMOUNT OF CHILD SUPPORT TO BE PAID    13,855       

UNDER A CHILD SUPPORT ORDER UNDER SECTION 3119.61 OR 3119.63 OF    13,856       

THE REVISED CODE AND IT REDETERMINES, AT AN ADMINISTRATIVE         13,857       

HEARING UNDER EITHER OF THOSE SECTIONS, A REVISED AMOUNT OF CHILD  13,858       

SUPPORT TO BE PAID UNDER A CHILD SUPPORT ORDER.                    13,859       

      (B)  IN DETERMINING, AT A HEARING CONDUCTED UNDER SECTION    13,861       

3119.66 OF THE REVISED CODE, THE APPROPRIATE AMOUNT OF CHILD       13,862       

SUPPORT TO BE PAID BY THE OBLIGOR, THE COURT SHALL COMPLY WITH     13,863       

SECTIONS 3119.14 TO 3119.18 OF THE REVISED CODE.                                

      Sec. 3119.75.  A CHILD SUPPORT ENFORCEMENT AGENCY IS NOT     13,865       

                                                          319    


                                                                 
REQUIRED TO REVIEW A CHILD SUPPORT ORDER IF THE REVIEW IS NOT      13,867       

OTHERWISE REQUIRED BY SECTION 666(a)(10) OF TITLE 42 OF THE U.S.   13,869       

CODE, "FAMILY SUPPORT ACT OF 1988," 102 STAT. 2346, 42 U.S.C.      13,871       

666(a)(10), AS AMENDED, AND ANY REGULATIONS ADOPTED PURSUANT TO,   13,873       

OR TO ENFORCE, THAT SECTION AND ANY OF THE FOLLOWING APPLY:        13,874       

      (A)  THE OBLIGEE HAS MADE AN ASSIGNMENT UNDER SECTION        13,876       

5107.20 OF THE REVISED CODE OF THE RIGHT TO RECEIVE CHILD SUPPORT  13,878       

PAYMENTS, THE AGENCY DETERMINES THAT GOOD CAUSE PURSUANT TO        13,879       

SECTION 5107.05 OF THE REVISED CODE EXISTS WITH RESPECT TO THE     13,881       

CHILDREN WHO ARE THE SUBJECT OF THE CHILD SUPPORT ORDER, AND       13,882       

NEITHER THE OBLIGOR NOR THE OBLIGEE HAS REQUESTED THAT THE REVIEW  13,883       

BE CONDUCTED;                                                                   

      (B)  THE OBLIGEE HAS NOT MADE AN ASSIGNMENT UNDER SECTION    13,885       

5107.20 OF THE REVISED CODE OF THE RIGHT TO RECEIVE CHILD SUPPORT  13,887       

PAYMENTS AND NEITHER THE OBLIGOR NOR THE OBLIGEE HAS REQUESTED     13,888       

THAT THE REVIEW BE CONDUCTED;                                      13,890       

      (C)  NEITHER THE OBLIGOR NOR THE OBLIGEE RESIDES IN THIS     13,892       

STATE.                                                                          

      Sec. 3119.76.  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT  13,895       

RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE ESTABLISHING A  13,896       

PROCEDURE FOR DETERMINING WHEN EXISTING CHILD SUPPORT ORDERS       13,897       

SHOULD BE REVIEWED TO DETERMINE WHETHER IT IS NECESSARY AND IN     13,898       

THE BEST INTEREST OF THE CHILDREN WHO ARE THE SUBJECT OF THE       13,899       

CHILD SUPPORT ORDER TO CHANGE THE CHILD SUPPORT ORDER.  THE RULES  13,900       

SHALL INCLUDE, BUT ARE NOT LIMITED TO, ALL OF THE FOLLOWING:       13,901       

      (A)  ANY PROCEDURES NECESSARY TO COMPLY WITH SECTION         13,904       

666(a)(10) OF TITLE 42 OF THE U.S. CODE, "FAMILY SUPPORT ACT OF    13,905       

1988," 102 STAT. 2346, 42 U.S.C. 666(a)(10), AS AMENDED, AND ANY   13,907       

REGULATIONS ADOPTED PURSUANT TO, OR TO ENFORCE, THAT SECTION;      13,908       

      (B)  PROCEDURES FOR DETERMINING WHAT CHILD SUPPORT ORDERS    13,910       

ARE TO BE SUBJECT TO REVIEW UPON THE REQUEST OF EITHER THE         13,911       

OBLIGOR OR THE OBLIGEE OR PERIODICALLY BY THE CHILD SUPPORT        13,912       

ENFORCEMENT AGENCY ADMINISTERING THE CHILD SUPPORT ORDER;          13,913       

      (C)  PROCEDURES FOR THE CHILD SUPPORT ENFORCEMENT AGENCY TO  13,915       

                                                          320    


                                                                 
PERIODICALLY REVIEW AND TO REVIEW, UPON THE REQUEST OF THE         13,916       

OBLIGOR OR THE OBLIGEE, ANY CHILD SUPPORT ORDER THAT IS SUBJECT    13,917       

TO REVIEW TO DETERMINE WHETHER THE AMOUNT OF CHILD SUPPORT PAID    13,918       

UNDER THE CHILD SUPPORT ORDER SHOULD BE ADJUSTED IN ACCORDANCE     13,919       

WITH THE BASIC CHILD SUPPORT SCHEDULE SET FORTH IN SECTION         13,921       

3119.021 OF THE REVISED CODE OR WHETHER THE PROVISIONS FOR THE     13,922       

CHILD'S HEALTH CARE NEEDS UNDER THE CHILD SUPPORT ORDER SHOULD BE  13,923       

MODIFIED IN ACCORDANCE WITH SECTIONS 3119.30 TO 3119.58 OF THE     13,924       

REVISED CODE;                                                      13,925       

      (D)  PROCEDURES FOR GIVING OBLIGORS AND OBLIGEES NOTICE OF   13,927       

THEIR RIGHT TO REQUEST A REVIEW OF A CHILD SUPPORT ORDER THAT IS   13,928       

DETERMINED TO BE SUBJECT TO REVIEW, NOTICE OF ANY PROPOSED         13,929       

REVISION OF THE AMOUNT OF CHILD SUPPORT TO BE PAID UNDER THE       13,930       

CHILD SUPPORT ORDER, NOTICE OF THE PROCEDURES FOR REQUESTING A     13,931       

HEARING ON ANY PROPOSED REVISION OF THE AMOUNT OF CHILD SUPPORT    13,932       

TO BE PAID UNDER A CHILD SUPPORT ORDER, NOTICE OF ANY              13,933       

ADMINISTRATIVE HEARING TO BE HELD ON A PROPOSED REVISION OF THE    13,934       

AMOUNT OF CHILD SUPPORT TO BE PAID UNDER A CHILD SUPPORT ORDER,    13,935       

AT LEAST FORTY-FIVE DAYS' PRIOR NOTICE OF ANY REVIEW OF THEIR      13,937       

CHILD SUPPORT ORDER, AND NOTICE THAT A FAILURE TO COMPLY WITH ANY  13,938       

REQUEST FOR DOCUMENTS OR INFORMATION TO BE USED IN THE REVIEW OF   13,939       

A CHILD SUPPORT ORDER IS CONTEMPT OF COURT;                        13,940       

      (E)  PROCEDURES FOR OBTAINING THE NECESSARY DOCUMENTS AND    13,942       

INFORMATION NECESSARY TO REVIEW CHILD SUPPORT ORDERS AND FOR       13,943       

HOLDING ADMINISTRATIVE HEARINGS ON A PROPOSED REVISION OF THE      13,944       

AMOUNT OF CHILD SUPPORT TO BE PAID UNDER A CHILD SUPPORT ORDER;    13,945       

      (F)  PROCEDURES FOR ADJUSTING CHILD SUPPORT ORDERS IN        13,947       

ACCORDANCE WITH THE BASIC CHILD SUPPORT SCHEDULE SET FORTH IN      13,948       

SECTION 3119.021 OF THE REVISED CODE AND THE APPLICABLE WORKSHEET  13,951       

IN SECTION 3119.022 OR 3119.023 OF THE REVISED CODE, THROUGH THE   13,953       

LINE ESTABLISHING THE ACTUAL ANNUAL OBLIGATION;                    13,954       

      (G)  PROCEDURES FOR ADJUSTING THE PROVISIONS OF THE CHILD    13,956       

SUPPORT ORDER GOVERNING THE HEALTH CARE NEEDS OF THE CHILD         13,957       

PURSUANT TO SECTIONS 3119.30 TO 3119.58 OF THE REVISED CODE;       13,959       

                                                          321    


                                                                 
      (H)  PROCEDURES FOR ADJUSTING THE CHILD SUPPORT AMOUNT       13,961       

PURSUANT TO SECTIONS 3119.14 TO 3119.19 OF THE REVISED CODE.       13,962       

      Sec. 3119.79.  (A)  IF AN OBLIGOR OR OBLIGEE UNDER A CHILD   13,964       

SUPPORT ORDER REQUESTS THAT THE COURT MODIFY THE AMOUNT OF         13,966       

SUPPORT REQUIRED TO BE PAID PURSUANT TO THE CHILD SUPPORT ORDER,   13,967       

THE COURT SHALL RECALCULATE THE AMOUNT OF SUPPORT THAT WOULD BE    13,968       

REQUIRED TO BE PAID UNDER THE SUPPORT ORDER IN ACCORDANCE WITH     13,969       

THE SCHEDULE AND THE APPLICABLE WORKSHEET THROUGH THE LINE         13,971       

ESTABLISHING THE ACTUAL ANNUAL OBLIGATION.  IF THAT AMOUNT AS      13,972       

RECALCULATED IS MORE THAN TEN PER CENT GREATER THAN OR MORE THAN   13,973       

TEN PER CENT LESS THAN THE AMOUNT OF CHILD SUPPORT REQUIRED TO BE  13,974       

PAID PURSUANT TO THE EXISTING CHILD SUPPORT ORDER, THE DEVIATION   13,975       

FROM THE RECALCULATED AMOUNT THAT WOULD BE REQUIRED TO BE PAID     13,976       

UNDER THE SCHEDULE AND THE APPLICABLE WORKSHEET SHALL BE           13,977       

CONSIDERED BY THE COURT AS A CHANGE OF CIRCUMSTANCE SUBSTANTIAL    13,979       

ENOUGH TO REQUIRE A MODIFICATION OF THE CHILD SUPPORT AMOUNT.      13,980       

      (B)  IN DETERMINING THE RECALCULATED SUPPORT AMOUNT THAT     13,983       

WOULD BE REQUIRED TO BE PAID UNDER THE SUPPORT ORDER FOR PURPOSES  13,984       

OF DETERMINING WHETHER THAT RECALCULATED AMOUNT IS MORE THAN TEN   13,985       

PER CENT GREATER THAN OR MORE THAN TEN PER CENT LESS THAN THE      13,986       

AMOUNT OF CHILD SUPPORT REQUIRED TO BE PAID PURSUANT TO THE        13,988       

EXISTING CHILD SUPPORT ORDER, THE COURT SHALL CONSIDER, IN                      

ADDITION TO ALL OTHER FACTORS REQUIRED BY LAW TO BE CONSIDERED,    13,989       

THE COST OF HEALTH INSURANCE THE OBLIGOR, THE OBLIGEE, OR BOTH     13,991       

THE OBLIGOR AND THE OBLIGEE HAVE BEEN ORDERED TO OBTAIN FOR THE    13,992       

CHILDREN SPECIFIED IN THE ORDER.  ADDITIONALLY, IF AN OBLIGOR OR   13,993       

OBLIGEE UNDER A CHILD SUPPORT ORDER REQUESTS THAT THE COURT                     

MODIFY THE SUPPORT AMOUNT REQUIRED TO BE PAID PURSUANT TO THE      13,994       

CHILD SUPPORT ORDER AND IF THE COURT DETERMINES THAT THE AMOUNT    13,995       

OF SUPPORT DOES NOT ADEQUATELY MEET THE MEDICAL NEEDS OF THE       13,996       

CHILD, THE INADEQUATE COVERAGE SHALL BE CONSIDERED BY THE COURT    13,997       

AS A CHANGE OF CIRCUMSTANCE THAT IS SUBSTANTIAL ENOUGH TO REQUIRE  13,998       

A MODIFICATION OF THE AMOUNT OF THE CHILD SUPPORT ORDER.           13,999       

      (C)  IF THE COURT DETERMINES THAT THE AMOUNT OF CHILD        14,002       

                                                          322    


                                                                 
SUPPORT REQUIRED TO BE PAID UNDER THE CHILD SUPPORT ORDER SHOULD   14,003       

BE CHANGED DUE TO A SUBSTANTIAL CHANGE OF CIRCUMSTANCES THAT WAS   14,004       

NOT CONTEMPLATED AT THE TIME OF THE ISSUANCE OF THE ORIGINAL       14,005       

CHILD SUPPORT ORDER OR THE LAST MODIFICATION OF THE CHILD SUPPORT  14,006       

ORDER, THE COURT SHALL MODIFY THE AMOUNT OF CHILD SUPPORT          14,007       

REQUIRED TO BE PAID UNDER THE CHILD SUPPORT ORDER TO COMPLY WITH   14,008       

THE SCHEDULE AND THE APPLICABLE WORKSHEET THROUGH THE LINE         14,010       

ESTABLISHING THE ACTUAL ANNUAL OBLIGATION, UNLESS THE COURT        14,011       

DETERMINES THAT THE AMOUNT CALCULATED PURSUANT TO THE BASIC CHILD  14,012       

SUPPORT SCHEDULE AND PURSUANT TO THE APPLICABLE WORKSHEET WOULD    14,014       

BE UNJUST OR INAPPROPRIATE AND WOULD NOT BE IN THE BEST INTEREST   14,015       

OF THE CHILD AND ENTERS IN THE JOURNAL THE FIGURE, DETERMINATION,  14,016       

AND FINDINGS SPECIFIED IN SECTION 3119.22 OF THE REVISED CODE.                  

      Sec. 3119.80.  IN ANY ACTION IN WHICH SUPPORT IS ORDERED     14,018       

UNDER A COURT CHILD SUPPORT ORDER, THE OBLIGOR OR OBLIGEE UNDER    14,019       

THE ORDER MAY FILE A MOTION WITH THE COURT THAT ISSUED THE ORDER   14,020       

REQUESTING THE ISSUANCE OF ONE OR MORE WITHHOLDING OR DEDUCTION    14,021       

NOTICES UNDER SECTION 3121.03 OF THE REVISED CODE TO PAY THE       14,022       

SUPPORT DUE UNDER THE ORDER.  THE MOTION MAY BE FILED AT ANY TIME  14,023       

AFTER THE SUPPORT ORDER IS ISSUED.  UPON THE FILING OF A MOTION    14,024       

PURSUANT TO THIS SECTION, THE CHILD SUPPORT ENFORCEMENT AGENCY     14,025       

SHALL IMMEDIATELY CONDUCT, AND SHALL COMPLETE WITHIN TWENTY DAYS   14,026       

AFTER THE MOTION IS FILED, AN INVESTIGATION IN ACCORDANCE WITH     14,027       

SECTION 3123.02 OF THE REVISED CODE.  ON THE COMPLETION OF THE     14,028       

INVESTIGATION, THE COURT SHALL ISSUE ONE OR MORE APPROPRIATE       14,030       

ORDERS DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE.           14,031       

      Sec. 3119.81.  IN PROCEEDINGS INVOLVING A COURT CHILD        14,033       

SUPPORT ORDER, THE COURT, BEFORE THE CONCLUSION OF ANY HEARINGS    14,034       

HELD WITH RESPECT TO THE PROCEEDINGS, SHALL ORDER THE CHILD        14,035       

SUPPORT ENFORCEMENT AGENCY TO CONDUCT AN INVESTIGATION PURSUANT    14,036       

TO SECTION 3123.02 OF THE REVISED CODE IF NO WITHHOLDING OR        14,038       

DEDUCTION ORDER OR NOTICE OR ORDER TO SEEK EMPLOYMENT,                          

PARTICIPATE IN A WORK ACTIVITY, OR ENTER INTO A CASH BOND TO       14,039       

COLLECT SUPPORT UNDER THE COURT SUPPORT ORDER HAS BEEN ISSUED OR   14,040       

                                                          323    


                                                                 
THE COURT DETERMINES THAT ANY SUCH ORDER OR NOTICE PREVIOUSLY      14,041       

ISSUED IS NO LONGER APPROPRIATE FOR COLLECTION OF SUPPORT UNDER    14,042       

THE ORDER.                                                                      

      ON THE FILING OF THE AGENCY'S FINDINGS AFTER COMPLETION OF   14,044       

THE INVESTIGATION, THE COURT, AS NECESSARY, SHALL ISSUE ONE OR     14,046       

MORE NOTICES OR ONE OR MORE COURT ORDERS DESCRIBED IN SECTION      14,047       

3121.03 OF THE REVISED CODE OR MODIFY ANY SUCH NOTICES OR COURT    14,048       

ORDERS PREVIOUSLY ISSUED.                                                       

      Sec. 3119.82.  WHENEVER A COURT ISSUES, OR WHENEVER IT       14,050       

MODIFIES, REVIEWS, OR OTHERWISE RECONSIDERS A COURT CHILD SUPPORT  14,052       

ORDER, IT MAY CONSIDER WHICH PARENT MAY CLAIM THE CHILDREN WHO     14,053       

ARE THE SUBJECT OF THE COURT CHILD SUPPORT ORDER AS DEPENDENTS     14,054       

FOR FEDERAL INCOME TAX PURPOSES AS SET FORTH IN SECTION 151 OF     14,055       

THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C. 1,  14,057       

AS AMENDED.  THE COURT SHALL ISSUE ITS DETERMINATION ON THIS       14,059       

ISSUE AS PART OF THE CHILD SUPPORT ORDER.  THE COURT IN ITS ORDER  14,060       

MAY PERMIT THE PARENT WHO IS NOT THE RESIDENTIAL PARENT AND LEGAL  14,061       

CUSTODIAN TO CLAIM THE CHILDREN AS DEPENDENTS FOR FEDERAL INCOME   14,062       

TAX PURPOSES ONLY IF THE COURT DETERMINES THAT THIS FURTHERS THE   14,063       

BEST INTEREST OF THE CHILDREN AND, WITH RESPECT TO ORDERS THE                   

COURT MODIFIES, REVIEWS, OR RECONSIDERS, THE PAYMENTS FOR CHILD    14,064       

SUPPORT ARE CURRENT IN FULL AS ORDERED BY THE COURT FOR THE YEAR   14,065       

IN WHICH THE CHILDREN WILL BE CLAIMED AS DEPENDENTS.  IN           14,067       

DETERMINING WHICH PARENT MAY CLAIM THE CHILDREN AS DEPENDENTS,     14,068       

THE COURT SHALL CONSIDER ANY NET TAX SAVINGS, THE RELATIVE         14,069       

FINANCIAL CIRCUMSTANCES AND NEEDS OF THE PARENTS AND CHILDREN,     14,070       

THE AMOUNT OF TIME THE CHILDREN SPEND WITH EACH PARENT, THE                     

ELIGIBILITY OF EITHER OR BOTH PARENTS FOR THE FEDERAL EARNED       14,072       

INCOME TAX CREDIT, AND ANY OTHER RELEVANT FACTOR CONCERNING THE    14,073       

BEST INTEREST OF THE CHILDREN.                                                  

      IF THE COURT DETERMINES THAT THE PARENT WHO IS NOT THE       14,076       

RESIDENTIAL PARENT AND LEGAL CUSTODIAN MAY CLAIM THE CHILDREN AS   14,077       

DEPENDENTS FOR FEDERAL INCOME TAX PURPOSES, IT SHALL ORDER THE     14,078       

RESIDENTIAL PARENT TO TAKE WHATEVER ACTION IS NECESSARY PURSUANT   14,079       

                                                          324    


                                                                 
TO SECTION 152 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT.   14,081       

2085, 26 U.S.C. 1, AS AMENDED, TO ENABLE THE PARENT WHO IS NOT     14,083       

THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN TO CLAIM THE CHILDREN   14,084       

AS DEPENDENTS FOR FEDERAL INCOME TAX PURPOSES IN ACCORDANCE WITH   14,085       

THE ORDER OF THE COURT.  ANY WILLFUL FAILURE OF THE RESIDENTIAL    14,086       

PARENT TO COMPLY WITH THE ORDER OF THE COURT IS CONTEMPT OF        14,087       

COURT.                                                             14,088       

      Sec. 3119.83.  EXCEPT AS PROVIDED IN SECTION 3119.84 OF THE  14,090       

REVISED CODE, A COURT OR AGENCY MAY NOT RETROACTIVELY MODIFY AN    14,091       

OBLIGOR'S DUTY TO PAY A DELINQUENT SUPPORT PAYMENT.                14,092       

      Sec. 3119.84.  A COURT WITH JURISDICTION OVER A COURT        14,094       

SUPPORT ORDER MAY MODIFY AN OBLIGOR'S DUTY TO PAY A SUPPORT        14,095       

PAYMENT THAT BECOMES DUE AFTER NOTICE OF A PETITION TO MODIFY THE  14,096       

COURT SUPPORT ORDER HAS BEEN GIVEN TO EACH OBLIGEE AND TO THE      14,097       

OBLIGOR BEFORE A FINAL ORDER CONCERNING THE PETITION FOR           14,098       

MODIFICATION IS ENTERED.                                                        

      Sec. 3119.86.  (A)  NOTWITHSTANDING SECTION 3109.01 OF THE   14,100       

REVISED CODE, BOTH OF THE FOLLOWING APPLY:                         14,102       

      (1)  A COURT CHILD SUPPORT ORDER SHALL REMAIN IN EFFECT      14,104       

BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY AS LONG AS THE CHILD        14,105       

CONTINUOUSLY ATTENDS ON A FULL-TIME BASIS A RECOGNIZED AND         14,106       

ACCREDITED HIGH SCHOOL OR THE ORDER PROVIDES THAT THE DUTY OF      14,107       

SUPPORT OF THE CHILD CONTINUES BEYOND THE CHILD'S EIGHTEENTH       14,108       

BIRTHDAY, BUT THE ORDER SHALL NOT REMAIN IN EFFECT AFTER THE       14,109       

CHILD REACHES NINETEEN YEARS OF AGE UNLESS THE ORDER PROVIDES      14,110       

THAT THE DUTY OF SUPPORT CONTINUES FOR ANY PERIOD AFTER THE CHILD  14,111       

REACHES NINETEEN YEARS OF AGE;                                     14,112       

      (2)  AN ADMINISTRATIVE CHILD SUPPORT ORDER SHALL REMAIN IN   14,114       

EFFECT BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY AS LONG AS THE       14,115       

CHILD CONTINUOUSLY ATTENDS ON A FULL-TIME BASIS ANY RECOGNIZED     14,116       

AND ACCREDITED HIGH SCHOOL, BUT SHALL NOT REMAIN IN EFFECT AFTER   14,118       

THE CHILD REACHES NINETEEN YEARS OF AGE.                                        

      (B)  A PARENT ORDERED TO PAY SUPPORT UNDER A CHILD SUPPORT   14,120       

ORDER SHALL CONTINUE TO PAY SUPPORT UNDER THE ORDER, INCLUDING     14,121       

                                                          325    


                                                                 
DURING SEASONAL VACATION PERIODS, UNTIL THE ORDER TERMINATES.      14,122       

      Sec. 3119.87.  THE PARENT WHO IS THE RESIDENTIAL PARENT AND  14,124       

LEGAL CUSTODIAN OF A CHILD FOR WHOM A CHILD SUPPORT ORDER IS       14,125       

ISSUED OR THE PERSON WHO OTHERWISE HAS CUSTODY OF A CHILD FOR      14,126       

WHOM A CHILD SUPPORT ORDER IS ISSUED IMMEDIATELY SHALL NOTIFY,     14,127       

AND THE OBLIGOR UNDER A CHILD SUPPORT ORDER MAY NOTIFY, THE CHILD  14,128       

SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE CHILD SUPPORT ORDER   14,129       

OF ANY REASON FOR WHICH THE CHILD SUPPORT ORDER SHOULD TERMINATE.  14,130       

WITH RESPECT TO A COURT CHILD SUPPORT ORDER, A WILLFUL FAILURE TO  14,132       

NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY AS REQUIRED BY THIS    14,133       

DIVISION IS CONTEMPT OF COURT.                                     14,134       

      Sec. 3119.88.  REASONS FOR WHICH A SUPPORT ORDER SHOULD      14,136       

TERMINATE INCLUDE ALL OF THE FOLLOWING:                            14,137       

      (A)  THE CHILD'S ATTAINMENT OF THE AGE OF MAJORITY IF THE    14,140       

CHILD NO LONGER ATTENDS AN ACCREDITED HIGH SCHOOL ON A FULL-TIME   14,141       

BASIS AND THE CHILD SUPPORT ORDER DOES NOT PROVIDE FOR THE DUTY    14,142       

OF SUPPORT TO CONTINUE PAST THE AGE OF MAJORITY;                   14,143       

      (B)  THE CHILD CEASING TO ATTEND AN ACCREDITED HIGH SCHOOL   14,145       

ON A FULL-TIME BASIS AFTER ATTAINING THE AGE OF MAJORITY, IF THE   14,147       

CHILD SUPPORT ORDER DOES NOT PROVIDE FOR THE DUTY OF SUPPORT TO    14,148       

CONTINUE PAST THE AGE OF MAJORITY;                                 14,149       

      (C)  THE CHILD'S DEATH;                                      14,151       

      (D)  THE CHILD'S MARRIAGE;                                   14,153       

      (E)  THE CHILD'S EMANCIPATION;                               14,155       

      (F)  THE CHILD'S ENLISTMENT IN THE ARMED SERVICES;           14,158       

      (G)  THE CHILD'S DEPORTATION;                                14,160       

      (H)  CHANGE OF LEGAL OR PHYSICAL CUSTODY OF THE CHILD.       14,162       

      Sec. 3119.89.  UPON RECEIPT OF A NOTICE PURSUANT TO SECTION  14,165       

3119.87 OF THE REVISED CODE, OR IF A CHILD SUPPORT ENFORCEMENT                  

AGENCY ADMINISTERING A CHILD SUPPORT ORDER OTHERWISE HAS REASON    14,166       

TO BELIEVE THAT THERE MAY BE A REASON FOR WHICH THE ORDER SHOULD   14,167       

TERMINATE, THE AGENCY IMMEDIATELY SHALL CONDUCT AN INVESTIGATION.  14,168       

THE AGENCY'S INVESTIGATION SHALL DETERMINE THE FOLLOWING:                       

      (A)  WHETHER ANY REASON EXISTS FOR WHICH THE ORDER SHOULD    14,170       

                                                          326    


                                                                 
TERMINATE;                                                         14,171       

      (B)  WHETHER THERE ARE OTHER CHILDREN SUBJECT TO THE ORDER;  14,173       

      (C)  WHETHER THE OBLIGOR OWES ANY ARREARAGES UNDER THE       14,175       

ORDER;                                                                          

      (D)  WHETHER THE AGENCY BELIEVES IT IS NECESSARY TO          14,177       

CONTINUE WITHHOLDING OR DEDUCTION PURSUANT TO A NOTICE OR ORDER    14,178       

DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE FOR THE OTHER     14,179       

CHILDREN OR ARREARAGES.  THE AGENCY MAY CONDUCT AN INVESTIGATION   14,180       

REGARDLESS OF WHETHER IT RECEIVED NOTICE UNDER SECTION 3119.87 OF  14,181       

THE REVISED CODE.                                                               

      Sec. 3119.90.  (A)  WITH RESPECT TO A COURT CHILD SUPPORT    14,184       

ORDER, IF THE CHILD SUPPORT ENFORCEMENT AGENCY DETERMINES THE      14,185       

ORDER SHOULD TERMINATE, IT IMMEDIATELY SHALL NOTIFY THE COURT      14,186       

THAT ISSUED THE ORDER OF THE REASON FOR WHICH THE ORDER SHOULD     14,187       

TERMINATE.                                                                      

      (B)  WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER,  14,189       

IF THE AGENCY DETERMINES THE ORDER SHOULD TERMINATE, IT SHALL      14,191       

IMPOUND ANY FUNDS RECEIVED FOR THE CHILD PURSUANT TO THE ORDER     14,192       

AND SET THE CASE FOR A HEARING TO DETERMINE WHETHER THE ORDER      14,193       

SHOULD BE TERMINATED OR MODIFIED OR WHETHER THE AGENCY SHOULD      14,194       

TAKE ANY OTHER ACTION.                                                          

      Sec. 3119.91.  ON COMPLETION OF THE ADMINISTRATIVE HEARING   14,196       

DESCRIBED IN DIVISION (B) OF SECTION 3119.90 OF THE REVISED CODE,  14,197       

THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL ISSUE A DECISION.  THE  14,198       

DECISION SHALL INCLUDE A NOTICE STATING THAT THE OBLIGOR OR        14,199       

OBLIGEE MAY OBJECT TO THE DECISION BY FILING A NOTICE OF APPEAL    14,200       

WITHIN THIRTY DAYS AFTER THE ISSUANCE OF THE DECISION IN THE       14,201       

JUVENILE COURT OF THE COUNTY IN WHICH THE AGENCY THAT ISSUED THE   14,203       

DECISION IS LOCATED AND THAT, IF NEITHER THE OBLIGOR NOR THE                    

OBLIGEE FILES A NOTICE OF APPEAL WITHIN THAT THIRTY-DAY APPEAL     14,205       

PERIOD, THE ADMINISTRATIVE HEARING DECISION IS FINAL AND WILL BE   14,206       

FILED WITH THE COURT OR IN THE ADMINISTRATIVE CASE FILE.                        

      Sec. 3119.92.  IF THE OBLIGOR, THE OBLIGEE, OR BOTH FILE A   14,209       

NOTICE OF APPEAL IN A JUVENILE COURT AS DESCRIBED IN SECTION       14,211       

                                                          327    


                                                                 
3119.91 OF THE REVISED CODE WITHIN THE SPECIFIED APPEAL PERIOD,                 

THE COURT SHALL PROCEED IN ACCORDANCE WITH CHAPTERS 2505. AND      14,213       

2506. OF THE REVISED CODE.  ON THE FILING OF A TIMELY APPEAL, THE  14,214       

COURT SHALL ISSUE AN ORDER DIRECTING THAT THE IMPOUNDMENT ORDER    14,215       

ISSUED BY THE CHILD SUPPORT ENFORCEMENT AGENCY REGARDING SUPPORT   14,216       

AMOUNTS RECEIVED FOR THE CHILD REMAIN IN EFFECT WHILE THE APPEAL   14,217       

IS PENDING.  THE JUVENILE COURT MAY TRANSFER THE APPEAL TO ANY     14,218       

COURT OR DIVISION OF A COURT WITH DOMESTIC RELATIONS JURISDICTION  14,219       

OVER THE PARTIES IF THE JUVENILE COURT FINDS THAT THE TRANSFER IS  14,220       

IN THE BEST INTEREST OF THE PARTIES AND THE RESPECTIVE COURTS.     14,221       

IF NEITHER THE OBLIGOR NOR THE OBLIGEE FILES A NOTICE OF APPEAL    14,222       

AS DESCRIBED IN THIS DIVISION WITHIN THE SPECIFIED APPEAL PERIOD,  14,223       

THE ADMINISTRATIVE HEARING DECISION IS FINAL AND WILL BE FILED     14,224       

WITH THE COURT OR IN THE ADMINISTRATIVE CASE FILE.                 14,225       

      Sec. 3119.93.  ON RECEIPT OF A NOTICE THAT A REASON EXISTS   14,227       

FOR A COURT CHILD SUPPORT ORDER TO TERMINATE GIVEN PURSUANT TO     14,228       

DIVISION (A) OF SECTION 3119.90 OF THE REVISED CODE, A COURT       14,229       

SHALL ORDER THE OFFICE OF CHILD SUPPORT TO IMPOUND ANY FUNDS       14,231       

RECEIVED FOR THE CHILD PURSUANT TO THE ORDER AND THE COURT SHALL   14,233       

SET THE CASE FOR A HEARING TO DETERMINE WHETHER THE ORDER SHOULD   14,235       

BE TERMINATED OR MODIFIED OR WHETHER THE COURT SHOULD TAKE ANY     14,236       

OTHER APPROPRIATE ACTION.                                                       

      Sec. 3119.94.  THE TERMINATION OF A CHILD SUPPORT ORDER BY   14,239       

A COURT OR AGENCY ALSO TERMINATES ANY APPLICABLE WITHHOLDING OR    14,240       

DEDUCTION NOTICE OR OTHER ORDER ISSUED UNDER SECTION 3121.03 OF    14,242       

THE REVISED CODE.  WITH RESPECT TO A COURT CHILD SUPPORT ORDER,    14,243       

ON THE TERMINATION OF ANY WITHHOLDING OR DEDUCTION NOTICE, THE     14,245       

COURT IMMEDIATELY SHALL NOTIFY THE APPROPRIATE CHILD SUPPORT       14,246       

ENFORCEMENT AGENCY THAT THE ORDER OR NOTICE HAS BEEN TERMINATED.   14,247       

IF A WITHHOLDING NOTICE OR ORDER IS TERMINATED, THE AGENCY         14,248       

IMMEDIATELY SHALL NOTIFY EACH PAYOR OR FINANCIAL INSTITUTION       14,249       

REQUIRED TO WITHHOLD OR DEDUCT A SUM OF MONEY FOR THE PAYMENT OF   14,251       

SUPPORT UNDER THE ORDER OR NOTICE THAT IT HAS BEEN TERMINATED AND  14,252       

THAT THE PAYOR OR INSTITUTION IS REQUIRED TO CEASE ALL             14,253       

                                                          328    


                                                                 
WITHHOLDING OR DEDUCTION UNDER THE ORDER OR NOTICE.                14,254       

      Sec. 3119.95.  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT  14,256       

RULES THAT PROVIDE FOR BOTH OF THE FOLLOWING:                      14,257       

      (A)  THE PAYMENT TO THE APPROPRIATE PERSON OF ANY FUNDS      14,259       

THAT A COURT OR AGENCY HAS IMPOUNDED UNDER SECTION 3119.90,        14,261       

3119.92, OR 3119.93 OF THE REVISED CODE;                                        

      (B)  THE RETURN TO THE APPROPRIATE PERSON OF ANY OTHER       14,263       

PAYMENTS MADE PURSUANT TO A CHILD SUPPORT ORDER IF THE PAYMENTS    14,264       

WERE MADE AT ANY TIME AFTER THE CHILD SUPPORT ORDER HAS BEEN       14,266       

TERMINATED PURSUANT TO SECTION 3119.90, 3119.92, OR 3119.93 OF                  

THE REVISED CODE.                                                               

      Sec. 3121.01.  AS USED IN THIS CHAPTER:                      14,268       

      (A)  "COURT CHILD SUPPORT ORDER" MEANS ANY ORDER ISSUED BY   14,270       

A COURT FOR THE SUPPORT OF A CHILD PURSUANT TO CHAPTER 3115. OF    14,272       

THE REVISED CODE, SECTION 2151.23, 2151.231, 2151.232, 2151.33,    14,273       

2151.36, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,     14,274       

3113.07, 3113.31, 3119.65, 3119.70, OR 3123.07 OF THE REVISED      14,276       

CODE, OR DIVISION (B) OF FORMER SECTION 3113.21 OF THE REVISED     14,277       

CODE.                                                                           

      (B)  "COURT SUPPORT ORDER" MEANS EITHER A COURT CHILD        14,279       

SUPPORT ORDER OR AN ORDER FOR THE SUPPORT OF A SPOUSE ISSUED       14,280       

PURSUANT TO CHAPTER 3115. OF THE REVISED CODE, SECTION 3105.18,    14,282       

3113.31, OR 3123.07 OF THE REVISED CODE, OR DIVISION (B) OF        14,284       

FORMER SECTION 3113.21 OF THE REVISED CODE.                        14,285       

      (C5)  "DEFAULT" MEANS ANY FAILURE TO PAY UNDER A SUPPORT     14,287       

ORDER THAT IS AN AMOUNT GREATER THAN OR EQUAL TO THE AMOUNT OF     14,288       

SUPPORT PAYABLE UNDER THE SUPPORT ORDER FOR ONE MONTH.             14,289       

      (D)  "FINANCIAL INSTITUTION" MEANS A BANK, SAVINGS AND LOAN  14,291       

ASSOCIATION, OR CREDIT UNION, OR A REGULATED INVESTMENT COMPANY    14,292       

OR MUTUAL FUND.                                                    14,293       

      (E)  "INCOME" MEANS ANY FORM OF MONETARY PAYMENT, INCLUDING  14,295       

PERSONAL EARNINGS; WORKERS' COMPENSATION PAYMENTS; UNEMPLOYMENT    14,297       

COMPENSATION BENEFITS TO THE EXTENT PERMITTED BY, AND IN           14,298       

ACCORDANCE WITH, SECTION 3121.07 OF THE REVISED CODE, DIVISION     14,299       

                                                          329    


                                                                 
(D)(4) OF SECTION 4141.28 OF THE REVISED CODE, AND FEDERAL LAW     14,301       

GOVERNING THE BUREAU OF EMPLOYMENT SERVICES; PENSIONS; ANNUITIES;               

ALLOWANCES; PRIVATE OR GOVERNMENTAL RETIREMENT BENEFITS;           14,302       

DISABILITY OR SICK PAY; INSURANCE PROCEEDS; LOTTERY PRIZE AWARDS;  14,303       

FEDERAL, STATE, OR LOCAL GOVERNMENT BENEFITS TO THE EXTENT THAT    14,304       

THE BENEFITS CAN BE WITHHELD OR DEDUCTED UNDER THE LAW GOVERNING   14,305       

THE BENEFITS; ANY FORM OF TRUST FUND OR ENDOWMENT; LUMP SUM        14,306       

PAYMENTS; AND ANY OTHER PAYMENT IN MONEY.                          14,307       

      (F)  "PAYOR" MEANS ANY PERSON OR ENTITY THAT PAYS OR         14,309       

DISTRIBUTES INCOME TO AN OBLIGOR, INCLUDING AN OBLIGOR IF THE      14,310       

OBLIGOR IS SELF-EMPLOYED; AN EMPLOYER; AN EMPLOYER PAYING AN       14,312       

OBLIGOR'S WORKERS' COMPENSATION BENEFITS; THE PUBLIC EMPLOYEES     14,313       

RETIREMENT BOARD; THE GOVERNING ENTITY OF A MUNICIPAL RETIREMENT   14,314       

SYSTEM; THE BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S          14,315       

DISABILITY AND PENSION FUND; THE STATE TEACHERS RETIREMENT BOARD;  14,316       

THE SCHOOL EMPLOYEES RETIREMENT BOARD; THE STATE HIGHWAY PATROL    14,317       

RETIREMENT BOARD; THE BUREAU OF WORKERS' COMPENSATION; OR ANY      14,318       

OTHER PERSON OR ENTITY OTHER THAN THE BUREAU OF EMPLOYMENT         14,319       

SERVICES WITH RESPECT TO UNEMPLOYMENT COMPENSATION BENEFITS PAID   14,320       

PURSUANT TO CHAPTER 4141. OF THE REVISED CODE.                     14,323       

      (G)  "PERSONAL EARNINGS" MEANS COMPENSATION PAID OR PAYABLE  14,326       

FOR PERSONAL SERVICES, HOWEVER DENOMINATED, AND INCLUDES WAGES,    14,327       

SALARY, COMMISSIONS, BONUSES, DRAWS AGAINST COMMISSIONS, PROFIT    14,328       

SHARING, VACATION PAY, OR ANY OTHER COMPENSATION.                  14,329       

      (H)  "SUPPORT ORDER" MEANS EITHER AN ADMINISTRATIVE CHILD    14,331       

SUPPORT ORDER OR A COURT SUPPORT ORDER.                            14,332       

      Sec. 3121.02.  IN ANY ACTION IN WHICH A SUPPORT ORDER IS     14,334       

ISSUED OR MODIFIED, ONE OF THE FOLLOWING SHALL APPLY, AS           14,335       

APPROPRIATE, TO ENSURE THAT WITHHOLDING OR DEDUCTION FROM THE      14,336       

INCOME OR ASSETS OF THE OBLIGOR IS AVAILABLE FROM THE              14,337       

COMMENCEMENT OF THE SUPPORT ORDER FOR THE COLLECTION OF THE        14,338       

SUPPORT AND ANY ARREARAGES THAT OCCUR:                                          

      (A)  THE COURT, WITH RESPECT TO A COURT SUPPORT ORDER, OR    14,340       

THE AGENCY, WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT        14,341       

                                                          330    


                                                                 
ORDER, SHALL REQUIRE THE WITHHOLDING OR DEDUCTION OF INCOME OR     14,344       

ASSETS OF THE OBLIGOR UNDER SECTION 3121.03 OF THE REVISED CODE.   14,346       

      (B)  THE COURT, WITH RESPECT TO A COURT SUPPORT ORDER,       14,348       

SHALL ISSUE ANOTHER TYPE OF COURT ORDER UNDER DIVISION (C) OR (D)  14,350       

OF SECTION 3121.03 OF THE REVISED CODE OR SECTION 3121.04,         14,351       

3121.05, 3121.06, OR 3121.12 OF THE REVISED CODE.                  14,352       

      (C)  THE AGENCY, WITH RESPECT TO AN ADMINISTRATIVE CHILD     14,354       

SUPPORT ORDER, SHALL ISSUE AN ADMINISTRATIVE ORDER, OR REQUEST     14,355       

THAT THE COURT ISSUE A COURT ORDER, UNDER DIVISION (C) OR (D) OF   14,356       

SECTION 3121.03 OF THE REVISED CODE OR SECTION 3121.12 OF THE      14,357       

REVISED CODE.                                                                   

      Sec. 3121.03.  IF A COURT OR CHILD SUPPORT ENFORCEMENT       14,359       

AGENCY THAT ISSUED OR MODIFIED A SUPPORT ORDER, OR THE AGENCY      14,360       

ADMINISTERING THE SUPPORT ORDER, IS REQUIRED BY THE REVISED CODE   14,362       

TO ISSUE ONE OR MORE WITHHOLDING OR DEDUCTION NOTICES DESCRIBED    14,364       

IN THIS SECTION OR OTHER ORDERS DESCRIBED IN THIS SECTION, THE     14,366       

COURT OR AGENCY SHALL ISSUE ONE OR MORE OF THE FOLLOWING TYPES OF               

NOTICES OR ORDERS, AS APPROPRIATE, FOR PAYMENT OF THE SUPPORT AND  14,369       

ALSO, IF REQUIRED BY THE REVISED CODE OR THE COURT, TO PAY ANY     14,371       

ARREARAGES:                                                                     

      (A)(1)  IF THE COURT OR THE CHILD SUPPORT ENFORCEMENT        14,373       

AGENCY DETERMINES THAT THE OBLIGOR IS RECEIVING INCOME FROM A      14,375       

PAYOR, THE COURT OR AGENCY SHALL REQUIRE THE PAYOR TO DO ALL OF    14,376       

THE FOLLOWING:                                                                  

      (a)  WITHHOLD FROM THE OBLIGOR'S INCOME A SPECIFIED AMOUNT   14,379       

FOR SUPPORT IN SATISFACTION OF THE SUPPORT ORDER AND BEGIN THE     14,381       

WITHHOLDING NO LATER THAN FOURTEEN BUSINESS DAYS FOLLOWING THE     14,383       

DATE THE NOTICE IS MAILED TO THE PAYOR UNDER SECTION 3121.035 OR   14,385       

3123.06 OF THE REVISED CODE AND DIVISION (A)(2) OF THIS SECTION                 

OR, IF THE PAYOR IS AN EMPLOYER, NO LATER THAN THE FIRST PAY       14,386       

PERIOD THAT OCCURS AFTER FOURTEEN BUSINESS DAYS FOLLOWING THE      14,387       

DATE THE NOTICE IS MAILED;                                         14,388       

      (b)  SEND THE AMOUNT WITHHELD TO THE OFFICE OF CHILD         14,390       

SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION    14,392       

                                                          331    


                                                                 
3121.43 OF THE REVISED CODE IMMEDIATELY BUT NOT LATER THAN SEVEN   14,393       

BUSINESS DAYS AFTER THE DATE THE OBLIGOR IS PAID;                  14,394       

      (c)  CONTINUE THE WITHHOLDING AT INTERVALS SPECIFIED IN THE  14,397       

NOTICE UNTIL FURTHER NOTICE FROM THE COURT OR CHILD SUPPORT        14,398       

ENFORCEMENT AGENCY.                                                             

      TO THE EXTENT POSSIBLE, THE AMOUNT SPECIFIED TO BE WITHHELD  14,401       

SHALL SATISFY THE AMOUNT ORDERED FOR SUPPORT IN THE SUPPORT ORDER  14,402       

PLUS ANY ARREARAGES OWED BY THE OBLIGOR UNDER ANY PRIOR SUPPORT    14,403       

ORDER THAT PERTAINED TO THE SAME CHILD OR SPOUSE, NOTWITHSTANDING  14,404       

ANY APPLICABLE LIMITATIONS OF SECTIONS 2329.66, 2329.70, 2716.02,  14,405       

2716.041, AND 2716.05 OF THE REVISED CODE.  HOWEVER, IN NO CASE    14,407       

SHALL THE SUM OF THE AMOUNT TO BE WITHHELD AND ANY FEE WITHHELD    14,408       

BY THE PAYOR AS A CHARGE FOR ITS SERVICES EXCEED THE MAXIMUM       14,410       

AMOUNT PERMITTED UNDER SECTION 303(b) OF THE "CONSUMER CREDIT      14,412       

PROTECTION ACT," 15 U.S.C. 1673(b).                                14,413       

      (2)  A COURT OR AGENCY THAT IMPOSES AN INCOME WITHHOLDING    14,415       

REQUIREMENT SHALL, WITHIN THE APPLICABLE TIME SPECIFIED IN         14,417       

SECTION 3119.80, 3119.81, 3121.035, OR 3123.06 OF THE REVISED      14,418       

CODE, SEND TO THE OBLIGOR'S PAYOR BY REGULAR MAIL A NOTICE THAT    14,420       

CONTAINS ALL OF THE INFORMATION APPLICABLE TO WITHHOLDING NOTICES  14,421       

SET FORTH IN SECTION 3121.037 OF THE REVISED CODE.  THE NOTICE IS  14,423       

FINAL AND IS ENFORCEABLE BY THE COURT.                                          

      (B)(1)  IF THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY     14,425       

DETERMINES THAT THE OBLIGOR HAS FUNDS THAT ARE NOT EXEMPT UNDER    14,426       

THE LAWS OF THIS STATE OR THE UNITED STATES FROM EXECUTION,        14,427       

ATTACHMENT, OR OTHER LEGAL PROCESS AND ARE ON DEPOSIT IN AN        14,428       

ACCOUNT IN A FINANCIAL INSTITUTION UNDER THE JURISDICTION OF THE   14,429       

COURT THAT ISSUED THE COURT SUPPORT ORDER, OR IN THE CASE OF AN    14,430       

ADMINISTRATIVE CHILD SUPPORT ORDER, UNDER THE JURISDICTION OF THE  14,432       

COMMON PLEAS COURT OF THE COUNTY IN WHICH THE AGENCY THAT ISSUED                

OR IS ADMINISTERING THE ORDER IS LOCATED, THE COURT OR AGENCY MAY  14,435       

REQUIRE ANY FINANCIAL INSTITUTION IN WHICH THE OBLIGOR'S FUNDS     14,436       

ARE ON DEPOSIT TO DO ALL OF THE FOLLOWING:                                      

      (a)  DEDUCT FROM THE OBLIGOR'S ACCOUNT A SPECIFIED AMOUNT    14,439       

                                                          332    


                                                                 
FOR SUPPORT IN SATISFACTION OF THE SUPPORT ORDER AND BEGIN THE     14,440       

DEDUCTION NO LATER THAN FOURTEEN BUSINESS DAYS FOLLOWING THE DATE  14,441       

THE NOTICE WAS MAILED TO THE FINANCIAL INSTITUTION UNDER SECTION   14,442       

3121.035 OR 3123.06 OF THE REVISED CODE AND DIVISION (B)(2) OF     14,444       

THIS SECTION;                                                                   

      (b)  SEND THE AMOUNT DEDUCTED TO THE OFFICE OF CHILD         14,447       

SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION    14,449       

3121.43 OF THE REVISED CODE IMMEDIATELY BUT NOT LATER THAN SEVEN   14,451       

BUSINESS DAYS AFTER THE DATE THE LATEST DEDUCTION WAS MADE;        14,452       

      (c)  PROVIDE THE DATE ON WHICH THE AMOUNT WAS DEDUCTED;      14,455       

      (d)  CONTINUE THE DEDUCTION AT INTERVALS SPECIFIED IN THE    14,458       

NOTICE UNTIL FURTHER NOTICE FROM THE COURT OR CHILD SUPPORT        14,459       

ENFORCEMENT AGENCY.                                                             

      TO THE EXTENT POSSIBLE, THE AMOUNT TO BE DEDUCTED SHALL      14,462       

SATISFY THE AMOUNT ORDERED FOR SUPPORT IN THE SUPPORT ORDER PLUS   14,463       

ANY ARREARAGES THAT MAY BE OWED BY THE OBLIGOR UNDER ANY PRIOR     14,464       

SUPPORT ORDER THAT PERTAINED TO THE SAME CHILD OR SPOUSE,          14,465       

NOTWITHSTANDING THE LIMITATIONS OF SECTIONS 2329.66, 2329.70, AND  14,466       

2716.13 OF THE REVISED CODE.                                                    

      (2)  A COURT OR AGENCY THAT IMPOSES A DEDUCTION REQUIREMENT  14,469       

SHALL, WITHIN THE APPLICABLE PERIOD OF TIME SPECIFIED IN SECTION   14,471       

3119.80, 3119.81, 3121.035, OR 3123.06 OF THE REVISED CODE, SEND                

TO THE FINANCIAL INSTITUTION BY REGULAR MAIL A NOTICE THAT         14,474       

CONTAINS ALL OF THE INFORMATION APPLICABLE TO DEDUCTION NOTICES    14,475       

SET FORTH IN SECTION 3121.037 OF THE REVISED CODE.  THE NOTICE IS  14,477       

FINAL AND IS ENFORCEABLE BY THE COURT.                                          

      (C)  WITH RESPECT TO ANY COURT SUPPORT ORDER IT ISSUES, A    14,479       

COURT MAY ISSUE AN ORDER REQUIRING THE OBLIGOR TO ENTER INTO A     14,482       

CASH BOND WITH THE COURT.  THE COURT SHALL ISSUE THE ORDER AS      14,483       

PART OF THE COURT SUPPORT ORDER OR, IF THE COURT SUPPORT ORDER                  

HAS PREVIOUSLY BEEN ISSUED, AS A SEPARATE ORDER.  THE CASH BOND    14,484       

SHALL BE IN A SUM FIXED BY THE COURT AT NOT LESS THAN FIVE         14,486       

HUNDRED NOR MORE THAN TEN THOUSAND DOLLARS, CONDITIONED THAT THE   14,487       

OBLIGOR WILL MAKE PAYMENT AS PREVIOUSLY ORDERED AND WILL PAY ANY   14,488       

                                                          333    


                                                                 
ARREARAGES UNDER ANY PRIOR COURT SUPPORT ORDER THAT PERTAINED TO                

THE SAME CHILD OR SPOUSE.                                          14,489       

      THE ORDER, ALONG WITH AN ADDITIONAL ORDER REQUIRING THE      14,492       

OBLIGOR TO IMMEDIATELY NOTIFY THE CHILD SUPPORT ENFORCEMENT        14,493       

AGENCY, IN WRITING, IF THE OBLIGOR BEGINS TO RECEIVE INCOME FROM   14,495       

A PAYOR, SHALL BE ATTACHED TO AND SERVED ON THE OBLIGOR AT THE     14,496       

SAME TIME AS SERVICE OF THE COURT SUPPORT ORDER OR, IF THE COURT   14,497       

SUPPORT ORDER HAS PREVIOUSLY BEEN ISSUED, AS SOON AS POSSIBLE      14,498       

AFTER THE ISSUANCE OF THE ORDER UNDER THIS SECTION.  THE           14,499       

ADDITIONAL ORDER REQUIRING NOTICE BY THE OBLIGOR SHALL STATE ALL   14,500       

OF THE FOLLOWING:                                                               

      (1)  THAT WHEN THE OBLIGOR BEGINS TO RECEIVE INCOME FROM A   14,503       

PAYOR THE OBLIGOR MAY REQUEST THAT THE COURT CANCEL ITS BOND       14,504       

ORDER AND INSTEAD ISSUE A NOTICE REQUIRING THE WITHHOLDING OF AN   14,505       

AMOUNT FROM INCOME FOR SUPPORT IN ACCORDANCE WITH THIS SECTION;    14,507       

      (2)  THAT WHEN THE OBLIGOR BEGINS TO RECEIVE INCOME FROM A   14,510       

PAYOR THE COURT WILL PROCEED TO COLLECT ON THE BOND IF THE COURT   14,511       

DETERMINES THAT PAYMENTS DUE UNDER THE COURT SUPPORT ORDER HAVE    14,512       

NOT BEEN MADE AND THAT THE AMOUNT THAT HAS NOT BEEN PAID IS AT     14,513       

LEAST EQUAL TO THE SUPPORT OWED FOR ONE MONTH UNDER THE COURT      14,514       

SUPPORT ORDER AND WILL ISSUE A NOTICE REQUIRING THE WITHHOLDING    14,515       

OF AN AMOUNT FROM INCOME FOR SUPPORT IN ACCORDANCE WITH THIS       14,517       

SECTION.  THE NOTICE REQUIRED OF THE OBLIGOR SHALL INCLUDE A       14,518       

DESCRIPTION OF THE NATURE OF ANY NEW EMPLOYMENT, THE NAME AND      14,519       

BUSINESS ADDRESS OF ANY NEW EMPLOYER, AND ANY OTHER INFORMATION    14,520       

REASONABLY REQUIRED BY THE COURT.                                               

      THE COURT SHALL NOT ORDER AN OBLIGOR TO POST A CASH BOND     14,522       

UNDER THIS SECTION UNLESS THE COURT DETERMINES THAT THE OBLIGOR    14,523       

HAS THE ABILITY TO DO SO.                                          14,524       

      A CHILD SUPPORT ENFORCEMENT AGENCY MAY NOT ISSUE A CASH      14,527       

BOND ORDER.  IF A CHILD SUPPORT ENFORCEMENT AGENCY IS REQUIRED TO  14,528       

ISSUE A WITHHOLDING OR DEDUCTION NOTICE UNDER THIS SECTION WITH    14,530       

RESPECT TO A COURT SUPPORT ORDER BUT THE AGENCY DETERMINES THAT                 

NO WITHHOLDING OR DEDUCTION NOTICE WOULD BE APPROPRIATE, THE       14,532       

                                                          334    


                                                                 
AGENCY MAY REQUEST THAT THE COURT ISSUE A CASH BOND ORDER UNDER    14,533       

THIS SECTION, AND UPON THE REQUEST, THE COURT MAY ISSUE THE        14,534       

ORDER.                                                                          

      (D)(1)  IF THE OBLIGOR UNDER A COURT SUPPORT ORDER IS        14,536       

UNEMPLOYED, HAS NO INCOME, AND DOES NOT HAVE AN ACCOUNT AT ANY     14,538       

FINANCIAL INSTITUTION, OR ON REQUEST OF A CHILD SUPPORT            14,539       

ENFORCEMENT AGENCY UNDER DIVISION (D)(1) OR (2) OF THIS SECTION,   14,540       

THE COURT SHALL ISSUE AN ORDER REQUIRING THE OBLIGOR, IF ABLE TO   14,542       

ENGAGE IN EMPLOYMENT, TO SEEK EMPLOYMENT OR PARTICIPATE IN A WORK  14,544       

ACTIVITY TO WHICH A RECIPIENT OF ASSISTANCE UNDER TITLE IV-A OF    14,547       

THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301,   14,552       

AS AMENDED, MAY BE ASSIGNED AS SPECIFIED IN SECTION 407(d) OF THE  14,553       

"SOCIAL SECURITY ACT," 42 U.S.C.A. 607(d), AS AMENDED.  THE COURT  14,558       

SHALL INCLUDE IN THE ORDER A REQUIREMENT THAT THE OBLIGOR NOTIFY   14,560       

THE CHILD SUPPORT ENFORCEMENT AGENCY ON OBTAINING EMPLOYMENT,      14,561       

OBTAINING ANY INCOME, OR OBTAINING OWNERSHIP OF ANY ASSET WITH A   14,563       

VALUE OF FIVE HUNDRED DOLLARS OR MORE.  THE COURT MAY ISSUE THE    14,564       

ORDER REGARDLESS OF WHETHER THE OBLIGEE TO WHOM THE OBLIGOR OWES   14,565       

SUPPORT IS A RECIPIENT OF ASSISTANCE UNDER TITLE IV-A OF THE       14,567       

"SOCIAL SECURITY ACT."  THE COURT SHALL ISSUE THE ORDER AS PART    14,568       

OF A COURT SUPPORT ORDER OR, IF A COURT SUPPORT ORDER HAS          14,570       

PREVIOUSLY BEEN ISSUED, AS A SEPARATE ORDER.  IF A CHILD SUPPORT   14,571       

ENFORCEMENT AGENCY IS REQUIRED TO ISSUE A WITHHOLDING OR           14,572       

DEDUCTION NOTICE UNDER THIS SECTION WITH RESPECT TO A COURT        14,574       

SUPPORT ORDER BUT DETERMINES THAT NO WITHHOLDING OR DEDUCTION      14,575       

NOTICE WOULD BE APPROPRIATE, THE AGENCY MAY REQUEST THAT THE       14,577       

COURT ISSUE A COURT ORDER UNDER DIVISION (D)(1) OF THIS SECTION,   14,578       

AND, ON THE REQUEST, THE COURT MAY ISSUE THE ORDER.                14,580       

      (2)  IF THE OBLIGOR UNDER AN ADMINISTRATIVE CHILD SUPPORT    14,582       

ORDER IS UNEMPLOYED, HAS NO INCOME, AND DOES NOT HAVE AN ACCOUNT   14,583       

AT ANY FINANCIAL INSTITUTION, THE AGENCY SHALL ISSUE AN            14,584       

ADMINISTRATIVE ORDER REQUIRING THE OBLIGOR, IF ABLE TO ENGAGE IN   14,585       

EMPLOYMENT, TO SEEK EMPLOYMENT OR PARTICIPATE IN A WORK ACTIVITY   14,586       

TO WHICH A RECIPIENT OF ASSISTANCE UNDER TITLE IV-A OF THE         14,587       

                                                          335    


                                                                 
"SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS    14,588       

AMENDED, MAY BE ASSIGNED AS SPECIFIED IN SECTION 407(d) OF THE     14,590       

"SOCIAL SECURITY ACT," 42 U.S.C.A. 607(d), AS AMENDED.  THE        14,591       

AGENCY SHALL INCLUDE IN THE ORDER A REQUIREMENT THAT THE OBLIGOR   14,592       

NOTIFY THE AGENCY ON OBTAINING EMPLOYMENT OR INCOME, OR OWNERSHIP  14,593       

OF ANY ASSET WITH A VALUE OF FIVE HUNDRED DOLLARS OR MORE.  THE    14,594       

AGENCY MAY ISSUE THE ORDER REGARDLESS OF WHETHER THE OBLIGEE TO                 

WHOM THE OBLIGOR OWES SUPPORT IS A RECIPIENT OF ASSISTANCE UNDER   14,595       

TITLE IV-A OF THE "SOCIAL SECURITY ACT."  IF AN OBLIGOR FAILS TO   14,597       

COMPLY WITH AN ADMINISTRATIVE ORDER ISSUED PURSUANT TO DIVISION    14,599       

(D)(2) OF THIS SECTION, THE AGENCY SHALL SUBMIT A REQUEST TO A     14,601       

COURT FOR THE COURT TO ISSUE AN ORDER UNDER DIVISION (D)(1) OF     14,602       

THIS SECTION.                                                                   

      Sec. 3121.031.  IN ANY ACTION IN WHICH A COURT SUPPORT       14,604       

ORDER IS ISSUED OR MODIFIED, THE COURT ISSUING OR MODIFYING THE    14,606       

ORDER SHALL CONDUCT A HEARING, PRIOR TO OR AT THE TIME OF THE      14,607       

ISSUANCE OF THE ORDER, TO DETERMINE THE EMPLOYMENT STATUS OF THE   14,608       

OBLIGOR, THE OBLIGOR'S SOCIAL SECURITY NUMBER, THE NAME AND        14,609       

BUSINESS ADDRESS OF THE OBLIGOR'S EMPLOYER, AND ANY OTHER          14,610       

INFORMATION NECESSARY TO ENABLE THE COURT OR A CHILD SUPPORT       14,611       

ENFORCEMENT AGENCY TO ISSUE ANY WITHHOLDING OR DEDUCTION NOTICE    14,612       

DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE OR FOR THE COURT  14,613       

TO ISSUE A COURT ORDER DESCRIBED IN DIVISION (C) OR (D) OF         14,614       

SECTION 3121.03 OF THE REVISED CODE.  THE COURT, PRIOR TO THE                   

HEARING, SHALL GIVE THE OBLIGOR NOTICE OF THE HEARING.  THE        14,617       

NOTICE SHALL INCLUDE THE DATE ON WHICH IT IS GIVEN AND NOTICE      14,618       

THAT THE OBLIGOR IS SUBJECT TO WITHHOLDING OF A SPECIFIED AMOUNT   14,619       

FROM INCOME IF EMPLOYED AND TO ONE OR MORE OTHER TYPES OF          14,621       

WITHHOLDING OR DEDUCTION REQUIREMENTS DESCRIBED IN SECTION         14,622       

3121.03 OF THE REVISED CODE OR ONE OR MORE TYPES OF COURT ORDERS   14,623       

DESCRIBED IN DIVISION (C) OR (D) OF SECTION 3121.03 OF THE         14,624       

REVISED CODE AND THAT THE OBLIGOR MAY PRESENT EVIDENCE AND         14,626       

TESTIMONY AT THE HEARING TO PROVE THAT ANY OF THE REQUIREMENTS     14,627       

ARE NOT PROPER BECAUSE OF A MISTAKE OF FACT.                       14,628       

                                                          336    


                                                                 
      Sec. 3121.032.  A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY  14,630       

THAT ISSUES OR MODIFIES A SUPPORT ORDER SHALL DETERMINE THE        14,631       

WITHHOLDING OR DEDUCTION REQUIREMENTS OR OTHER APPROPRIATE         14,632       

REQUIREMENTS APPLICABLE TO THE OBLIGOR UNDER THE SUPPORT ORDER IN  14,633       

ACCORDANCE WITH SECTIONS 3121.03, 3121.04 TO 3121.08, AND 3121.12  14,634       

OF THE REVISED CODE AND INCLUDE THE REQUIREMENTS IN THE            14,635       

WITHHOLDING OR DEDUCTION NOTICES DESCRIBED IN SECTION 3121.03 OF   14,636       

THE REVISED CODE OR IN THE ORDERS DESCRIBED IN SECTIONS 3121.03,   14,637       

3121.04 TO 3121.08, AND 3121.12 OF THE REVISED CODE.                            

      Sec. 3121.033.  IF A COURT OR CHILD SUPPORT ENFORCEMENT      14,639       

AGENCY IS REQUIRED TO ISSUE ONE OR MORE NOTICES OR ORDERS          14,641       

DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE, THE COURT OR     14,643       

AGENCY TO THE EXTENT POSSIBLE SHALL ISSUE A SUFFICIENT NUMBER OF   14,644       

THE NOTICES OR ORDERS TO PROVIDE THAT THE AGGREGATE AMOUNT         14,645       

WITHHELD OR DEDUCTED UNDER THOSE NOTICES OR ORDERS SATISFIES THE   14,646       

AMOUNT ORDERED FOR SUPPORT IN THE SUPPORT ORDER PLUS ANY           14,647       

ARREARAGES OWED BY THE OBLIGOR UNDER ANY PRIOR SUPPORT ORDER THAT  14,648       

PERTAINED TO THE SAME CHILD OR SPOUSE, NOTWITHSTANDING THE         14,649       

LIMITATIONS OF SECTIONS 2329.66, 2329.70, 2716.02, 2716.041,       14,650       

2713.05, 2716.13, AND 4123.67 OF THE REVISED CODE.  HOWEVER, IN    14,651       

NO CASE SHALL THE AGGREGATE AMOUNT WITHHELD PURSUANT TO A          14,653       

WITHHOLDING NOTICE DESCRIBED IN SECTION 3121.03 OF THE REVISED     14,654       

CODE AND ANY FEES WITHHELD PURSUANT TO THE NOTICE AS A CHARGE FOR  14,655       

SERVICES EXCEED THE MAXIMUM AMOUNT PERMITTED UNDER SECTION 303(b)  14,656       

OF THE "CONSUMER CREDIT PROTECTION ACT," 15 U.S.C. 1673(b).        14,658       

      Sec. 3121.034.  (A)  A WITHHOLDING OR DEDUCTION REQUIREMENT  14,660       

CONTAINED IN A WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN        14,661       

SECTION 3121.03 OF THE REVISED CODE HAS PRIORITY OVER ANY ORDER    14,663       

OF ATTACHMENT, ANY ORDER IN AID OF EXECUTION, AND ANY OTHER LEGAL  14,664       

PROCESS ISSUED UNDER STATE LAW AGAINST THE SAME EARNINGS,          14,665       

PAYMENTS, OR ACCOUNT.                                                           

      (B)  WHEN TWO OR MORE WITHHOLDING NOTICES ARE RECEIVED BY A  14,668       

PAYOR, THE PAYOR SHALL COMPLY WITH ALL OF THE REQUIREMENTS         14,670       

CONTAINED IN THE NOTICES TO THE EXTENT THAT THE TOTAL AMOUNT       14,671       

                                                          337    


                                                                 
WITHHELD FROM THE OBLIGOR'S INCOME DOES NOT EXCEED THE MAXIMUM     14,672       

AMOUNT PERMITTED UNDER SECTION 303(b) OF THE "CONSUMER CREDIT      14,674       

PROTECTION ACT," 15 U.S.C. 1673(b), WITHHOLD AMOUNTS IN            14,675       

ACCORDANCE WITH THE ALLOCATION SET FORTH IN DIVISIONS (B)(1) AND   14,678       

(2) OF THIS SECTION, NOTIFY EACH COURT OR CHILD SUPPORT            14,679       

ENFORCEMENT AGENCY THAT ISSUED ONE OF THE NOTICES OF THE           14,680       

ALLOCATION, AND GIVE PRIORITY TO AMOUNTS DESIGNATED IN EACH        14,681       

NOTICE AS CURRENT SUPPORT IN THE FOLLOWING MANNER:                 14,682       

      (1)  IF THE TOTAL OF THE AMOUNTS DESIGNATED IN THE NOTICES   14,684       

AS CURRENT SUPPORT EXCEEDS THE AMOUNT AVAILABLE FOR WITHHOLDING    14,685       

UNDER SECTION 303(b) OF THE "CONSUMER CREDIT PROTECTION ACT," 15   14,687       

U.S.C. 1673(b), THE PAYOR SHALL ALLOCATE TO EACH NOTICE AN AMOUNT  14,689       

FOR CURRENT SUPPORT EQUAL TO THE AMOUNT DESIGNATED IN THAT NOTICE  14,691       

AS CURRENT SUPPORT MULTIPLIED BY A FRACTION IN WHICH THE           14,692       

NUMERATOR IS THE AMOUNT OF INCOME AVAILABLE FOR WITHHOLDING AND    14,695       

THE DENOMINATOR IS THE TOTAL AMOUNT DESIGNATED IN ALL OF THE       14,696       

NOTICES AS CURRENT SUPPORT.                                                     

      (2)  IF THE TOTAL OF THE AMOUNTS DESIGNATED IN THE NOTICES   14,698       

AS CURRENT SUPPORT DOES NOT EXCEED THE AMOUNT AVAILABLE FOR        14,699       

WITHHOLDING UNDER SECTION 303(b) OF THE "CONSUMER CREDIT           14,702       

PROTECTION ACT," 15 U.S.C. 1673(b), THE PAYOR SHALL PAY ALL OF     14,703       

THE AMOUNTS DESIGNATED AS CURRENT SUPPORT IN THE NOTICES AND       14,704       

SHALL ALLOCATE TO EACH NOTICE AN AMOUNT FOR PAST-DUE SUPPORT       14,705       

EQUAL TO THE AMOUNT DESIGNATED IN THAT NOTICE AS PAST-DUE SUPPORT  14,706       

MULTIPLIED BY A FRACTION IN WHICH THE NUMERATOR IS THE AMOUNT OF   14,707       

INCOME REMAINING AVAILABLE FOR WITHHOLDING AFTER THE PAYMENT OF    14,709       

CURRENT SUPPORT AND THE DENOMINATOR IS THE TOTAL AMOUNT            14,710       

DESIGNATED IN ALL OF THE NOTICES AS PAST-DUE SUPPORT.              14,711       

      Sec. 3121.035.  WITHIN FIFTEEN DAYS AFTER AN OBLIGOR UNDER   14,713       

A SUPPORT ORDER IS LOCATED FOLLOWING ISSUANCE OR MODIFICATION OF   14,714       

THE SUPPORT ORDER OR WITHIN FIFTEEN DAYS AFTER DEFAULT UNDER A     14,716       

SUPPORT ORDER, WHICHEVER IS APPLICABLE, THE COURT OR CHILD                      

SUPPORT ENFORCEMENT AGENCY THAT ISSUED OR MODIFIED THE SUPPORT     14,718       

ORDER, OR THE AGENCY, PURSUANT TO AN AGREEMENT WITH THE COURT      14,719       

                                                          338    


                                                                 
WITH RESPECT TO A COURT SUPPORT ORDER, SHALL DO EITHER OF THE      14,720       

FOLLOWING:                                                                      

      (A)  IF A WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN       14,723       

SECTION 3121.03 OF THE REVISED CODE IS APPROPRIATE, SEND THE       14,724       

NOTICE BY REGULAR MAIL TO EACH PERSON REQUIRED TO COMPLY WITH IT;  14,725       

      (B)  IF AN ORDER DESCRIBED IN SECTION 3121.03, 3121.04 TO    14,728       

3121.08, OR 3121.12 OF THE REVISED CODE IS APPROPRIATE, ISSUE AND  14,730       

SEND THE APPROPRIATE ORDER.                                                     

      Sec. 3121.036.  (A)  A COURT OR AGENCY THAT SENDS A          14,732       

WITHHOLDING OR DEDUCTION NOTICE UNDER SECTION 3121.03 OF THE       14,733       

REVISED CODE TO AN OBLIGOR SHALL ATTACH TO THE NOTICE AN           14,735       

ADDITIONAL NOTICE REQUIRING THE OBLIGOR TO IMMEDIATELY NOTIFY THE  14,736       

CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER,  14,737       

IN WRITING, OF THE FOLLOWING:                                      14,738       

      (1)  IN THE CASE OF A WITHHOLDING NOTICE:                    14,740       

      (a)  ANY CHANGE IN THE OBLIGOR'S INCOME SOURCE AND OF THE    14,742       

AVAILABILITY OF ANY OTHER SOURCES OF INCOME THAT CAN BE THE        14,743       

SUBJECT OF WITHHOLDING OR DEDUCTION;                               14,744       

      (b)  THE NATURE OF ANY NEW EMPLOYMENT OR INCOME SOURCE AND   14,746       

THE NAME, BUSINESS ADDRESS, AND TELEPHONE NUMBER OF THE NEW        14,747       

EMPLOYER OR INCOME SOURCE;                                         14,748       

      (c)  ANY OTHER INFORMATION REASONABLY REQUIRED BY THE COURT  14,750       

OR AGENCY.                                                         14,751       

      (2)  IN THE CASE OF A DEDUCTION NOTICE:                      14,753       

      (a)  ANY CHANGE IN THE STATUS OF THE ACCOUNT FROM WHICH THE  14,755       

SUPPORT IS BEING DEDUCTED OR THE OPENING OF A NEW ACCOUNT WITH     14,756       

ANY FINANCIAL INSTITUTION, OF THE COMMENCEMENT OF EMPLOYMENT,      14,758       

INCLUDING SELF-EMPLOYMENT, OR OF THE AVAILABILITY OF ANY OTHER     14,759       

SOURCES OF INCOME THAT CAN BE THE SUBJECT OF WITHHOLDING OR        14,760       

DEDUCTION;                                                                      

      (b)  ANY NEW ACCOUNT OPENED AT A FINANCIAL INSTITUTION AND   14,762       

THE NAME AND BUSINESS ADDRESS OF THAT FINANCIAL INSTITUTION;       14,763       

      (c)  THE NATURE OF ANY NEW EMPLOYMENT OR INCOME SOURCE AND   14,765       

THE NAME, BUSINESS ADDRESS, AND TELEPHONE NUMBER OF THE NEW        14,766       

                                                          339    


                                                                 
EMPLOYER OR INCOME SOURCE;                                         14,767       

      (d)  ANY OTHER INFORMATION REASONABLY REQUIRED BY THE COURT  14,769       

OR AGENCY.                                                         14,770       

      (C)  THE ADDITIONAL NOTICE REQUIRED BY THIS SECTION SHALL    14,772       

SPECIFY THAT, ON COMMENCEMENT OF EMPLOYMENT, THE OBLIGOR MAY       14,773       

REQUEST THAT THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY CANCEL  14,774       

ITS DEDUCTION NOTICE AND INSTEAD ISSUE A WITHHOLDING NOTICE TO     14,775       

COLLECT SUPPORT AMOUNTS AND THAT, ON COMMENCEMENT OF EMPLOYMENT,   14,776       

THE COURT OR AGENCY MAY CANCEL ITS DEDUCTION NOTICE AND INSTEAD    14,777       

ISSUE A WITHHOLDING NOTICE TO COLLECT SUPPORT AMOUNTS.             14,778       

      (D)  THE COURT OR AGENCY SHALL SERVE THE ADDITIONAL NOTICE   14,780       

REQUIRED BY THIS SECTION ON THE OBLIGOR AT THE TIME OF SERVICE OF  14,781       

THE SUPPORT ORDER OR, IF THE SUPPORT ORDER HAS BEEN ISSUED         14,782       

PREVIOUSLY, SHALL SEND THE NOTICE TO THE OBLIGOR BY REGULAR MAIL   14,783       

AT THE LAST KNOWN ADDRESS AT THE TIME IT SENDS THE WITHHOLDING     14,784       

NOTICE TO THE PAYOR OR THE DEDUCTION NOTICE TO A FINANCIAL         14,785       

INSTITUTION.                                                       14,786       

      (E)  NO OBLIGOR SHALL FAIL TO GIVE THE NOTICE DESCRIBED IN   14,788       

DIVISION (A)(1) OF THIS SECTION.                                   14,789       

      Sec. 3121.037.  (A)  A WITHHOLDING NOTICE SENT UNDER         14,791       

SECTION 3121.03 OF THE REVISED CODE SHALL CONTAIN ALL OF THE       14,793       

FOLLOWING:                                                                      

      (1)  NOTICE OF THE AMOUNT TO BE WITHHELD FROM THE OBLIGOR'S  14,795       

INCOME AND A STATEMENT THAT, NOTWITHSTANDING THAT AMOUNT, THE      14,796       

PAYOR MAY NOT WITHHOLD AN AMOUNT FOR SUPPORT AND OTHER PURPOSES,   14,798       

INCLUDING THE FEE DESCRIBED IN DIVISION (A)(11) OF THIS SECTION,   14,799       

THAT EXCEEDS THE MAXIMUM AMOUNTS PERMITTED UNDER SECTION 303(b)    14,800       

OF THE "CONSUMER CREDIT PROTECTION ACT," 15 U.S.C. 1673(b);        14,803       

      (2)  A STATEMENT THAT THE PAYOR IS REQUIRED TO SEND THE      14,806       

AMOUNT WITHHELD TO THE OFFICE OF CHILD SUPPORT IMMEDIATELY, BUT    14,807       

NOT LATER THAN SEVEN BUSINESS DAYS, AFTER THE OBLIGOR IS PAID AND  14,808       

IS REQUIRED TO REPORT TO THE AGENCY THE DATE THE AMOUNT WAS        14,809       

WITHHELD;                                                                       

      (3)  A STATEMENT THAT THE WITHHOLDING IS BINDING ON THE      14,811       

                                                          340    


                                                                 
PAYOR UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY;               14,812       

      (4)  A STATEMENT THAT IF THE PAYOR IS AN EMPLOYER, THE       14,815       

PAYOR IS SUBJECT TO A FINE TO BE DETERMINED UNDER THE LAW OF THIS  14,816       

STATE FOR DISCHARGING THE OBLIGOR FROM EMPLOYMENT, REFUSING TO     14,817       

EMPLOY THE OBLIGOR, OR TAKING ANY DISCIPLINARY ACTION AGAINST THE  14,818       

OBLIGOR BECAUSE OF THE WITHHOLDING REQUIREMENT;                    14,819       

      (5)  A STATEMENT THAT, IF THE PAYOR FAILS TO WITHHOLD IN     14,822       

ACCORDANCE WITH THE NOTICE, THE PAYOR IS LIABLE FOR THE            14,823       

ACCUMULATED AMOUNT THE PAYOR SHOULD HAVE WITHHELD FROM THE         14,825       

OBLIGOR'S INCOME;                                                               

      (6)  A STATEMENT THAT THE WITHHOLDING IN ACCORDANCE WITH     14,827       

THE NOTICE HAS PRIORITY OVER ANY OTHER LEGAL PROCESS UNDER THE     14,829       

LAW OF THIS STATE AGAINST THE SAME INCOME;                         14,830       

      (7)  THE DATE ON WHICH THE NOTICE WAS MAILED AND A           14,832       

STATEMENT THAT THE PAYOR IS REQUIRED TO IMPLEMENT THE WITHHOLDING  14,834       

NO LATER THAN FOURTEEN BUSINESS DAYS FOLLOWING THE DATE THE        14,835       

NOTICE WAS MAILED OR, IF THE PAYOR IS AN EMPLOYER, NO LATER THAN   14,836       

THE FIRST PAY PERIOD THAT OCCURS AFTER FOURTEEN BUSINESS DAYS      14,837       

FOLLOWING THE DATE THE NOTICE WAS MAILED, AND IS REQUIRED TO       14,838       

CONTINUE THE WITHHOLDING AT THE INTERVALS SPECIFIED IN THE         14,839       

NOTICE;                                                                         

      (8)  A REQUIREMENT THAT THE PAYOR DO BOTH OF THE FOLLOWING:  14,841       

      (a)  PROMPTLY NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY    14,844       

ADMINISTERING THE SUPPORT ORDER, IN WRITING, WITHIN TEN BUSINESS   14,845       

DAYS AFTER THE DATE OF ANY SITUATION THAT OCCURS IN WHICH THE      14,846       

PAYOR CEASES TO PAY INCOME TO THE OBLIGOR IN AN AMOUNT SUFFICIENT  14,847       

TO COMPLY WITH THE ORDER, INCLUDING TERMINATION OF EMPLOYMENT,     14,849       

LAYOFF OF THE OBLIGOR FROM EMPLOYMENT, ANY LEAVE OF ABSENCE OF     14,850       

THE OBLIGOR FROM EMPLOYMENT WITHOUT PAY, TERMINATION OF WORKERS'   14,851       

COMPENSATION BENEFITS, OR TERMINATION OF ANY PENSION, ANNUITY,                  

ALLOWANCE, OR RETIREMENT BENEFIT;                                  14,852       

      (b)  PROVIDE THE AGENCY WITH THE OBLIGOR'S LAST KNOWN        14,855       

ADDRESS AND, IF KNOWN, NOTIFY THE AGENCY OF ANY NEW EMPLOYER OR    14,856       

INCOME SOURCE AND THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE   14,857       

                                                          341    


                                                                 
NEW EMPLOYER OR INCOME SOURCE.                                                  

      (9)  A REQUIREMENT THAT, IF THE PAYOR IS AN EMPLOYER, THE    14,860       

PAYOR DO BOTH OF THE FOLLOWING:                                                 

      (a)  IDENTIFY IN THE NOTICE GIVEN UNDER DIVISION (A)(8) OF   14,864       

THIS SECTION ANY TYPES OF BENEFITS OTHER THAN PERSONAL EARNINGS    14,865       

THE OBLIGOR IS RECEIVING OR IS ELIGIBLE TO RECEIVE AS A BENEFIT    14,866       

OF EMPLOYMENT OR AS A RESULT OF THE OBLIGOR'S TERMINATION OF       14,867       

EMPLOYMENT, INCLUDING, BUT NOT LIMITED TO, UNEMPLOYMENT            14,868       

COMPENSATION, WORKERS' COMPENSATION BENEFITS, SEVERANCE PAY, SICK  14,869       

LEAVE, LUMP SUM PAYMENTS OF RETIREMENT BENEFITS OR CONTRIBUTIONS,  14,870       

AND BONUSES OR PROFIT-SHARING PAYMENTS OR DISTRIBUTIONS, AND THE   14,871       

AMOUNT OF THE BENEFITS;                                            14,872       

      (b)  INCLUDE IN THE NOTICE THE OBLIGOR'S LAST KNOWN ADDRESS  14,875       

AND TELEPHONE NUMBER, DATE OF BIRTH, SOCIAL SECURITY NUMBER, AND   14,876       

COURT CASE NUMBER AND, IF KNOWN, THE NAME AND BUSINESS ADDRESS OF  14,877       

ANY NEW EMPLOYER OF THE OBLIGOR.                                                

      (10)  A REQUIREMENT THAT, NO LATER THAN THE EARLIER OF       14,879       

FORTY-FIVE DAYS BEFORE A LUMP SUM PAYMENT IS TO BE MADE OR, IF     14,880       

THE OBLIGOR'S RIGHT TO THE LUMP SUM PAYMENT IS DETERMINED LESS     14,881       

THAN FORTY-FIVE DAYS BEFORE IT IS TO BE MADE, THE DATE ON WHICH    14,882       

THAT DETERMINATION IS MADE, THE PAYOR NOTIFY THE CHILD SUPPORT     14,884       

ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER OF ANY LUMP     14,885       

SUM PAYMENT OF ANY KIND OF ONE HUNDRED FIFTY DOLLARS OR MORE THAT  14,887       

IS TO BE PAID TO THE OBLIGOR, HOLD EACH LUMP SUM PAYMENT OF ONE    14,889       

HUNDRED FIFTY DOLLARS OR MORE FOR THIRTY DAYS AFTER THE DATE ON    14,891       

WHICH IT WOULD OTHERWISE BE PAID TO THE OBLIGOR AND, ON ORDER OF   14,893       

THE COURT OR AGENCY THAT ISSUED THE SUPPORT ORDER, PAY ALL OR A                 

SPECIFIED AMOUNT OF THE LUMP SUM PAYMENT TO THE OFFICE OF CHILD    14,896       

SUPPORT.                                                                        

      (11)  A STATEMENT THAT, IN ADDITION TO THE AMOUNT WITHHELD   14,898       

FOR SUPPORT, THE PAYOR MAY WITHHOLD A FEE FROM THE OBLIGOR'S       14,900       

INCOME AS A CHARGE FOR ITS SERVICES IN COMPLYING WITH THE NOTICE   14,903       

AND A SPECIFICATION OF THE AMOUNT THAT MAY BE WITHHELD.                         

      (B)  A DEDUCTION NOTICE SENT UNDER SECTION 3121.03 OF THE    14,906       

                                                          342    


                                                                 
REVISED CODE SHALL CONTAIN ALL OF THE FOLLOWING:                                

      (1)  NOTICE OF THE AMOUNT TO BE DEDUCTED FROM THE OBLIGOR'S  14,908       

ACCOUNT;                                                                        

      (2)  A STATEMENT THAT THE FINANCIAL INSTITUTION IS REQUIRED  14,911       

TO SEND THE AMOUNT DEDUCTED TO THE OFFICE OF CHILD SUPPORT                      

IMMEDIATELY, BUT NOT LATER THAN SEVEN BUSINESS DAYS, AFTER THE     14,914       

DATE THE LAST DEDUCTION WAS MADE AND TO REPORT TO THE CHILD        14,915       

SUPPORT ENFORCEMENT AGENCY THE DATE ON WHICH THE AMOUNT WAS        14,916       

DEDUCTED;                                                                       

      (3)  A STATEMENT THAT THE DEDUCTION IS BINDING ON THE        14,918       

FINANCIAL INSTITUTION UNTIL FURTHER NOTICE FROM THE COURT OR       14,919       

AGENCY;                                                            14,920       

      (4)  A STATEMENT THAT THE DEDUCTION IN ACCORDANCE WITH THE   14,923       

NOTICE HAS PRIORITY OVER ANY OTHER LEGAL PROCESS UNDER THE LAW OF  14,924       

THIS STATE AGAINST THE SAME ACCOUNT;                               14,925       

      (5)  THE DATE ON WHICH THE NOTICE WAS MAILED AND A           14,927       

STATEMENT THAT THE FINANCIAL INSTITUTION IS REQUIRED TO IMPLEMENT  14,928       

THE DEDUCTION NO LATER THAN FOURTEEN BUSINESS DAYS FOLLOWING THAT  14,929       

DATE AND TO CONTINUE THE DEDUCTION AT THE INTERVALS SPECIFIED IN   14,931       

THE NOTICE;                                                                     

      (6)  A REQUIREMENT THAT THE FINANCIAL INSTITUTION PROMPTLY   14,933       

NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE      14,934       

SUPPORT ORDER, IN WRITING, WITHIN TEN DAYS AFTER THE DATE OF ANY   14,936       

TERMINATION OF THE ACCOUNT FROM WHICH THE DEDUCTION IS BEING MADE  14,937       

AND NOTIFY THE AGENCY, IN WRITING, OF THE OPENING OF A NEW         14,938       

ACCOUNT AT THAT FINANCIAL INSTITUTION, THE ACCOUNT NUMBER OF THE   14,939       

NEW ACCOUNT, THE NAME OF ANY OTHER KNOWN FINANCIAL INSTITUTIONS    14,940       

IN WHICH THE OBLIGOR HAS ANY ACCOUNTS, AND THE NUMBERS OF THOSE    14,941       

ACCOUNTS;                                                                       

      (7)  A REQUIREMENT THAT THE FINANCIAL INSTITUTION INCLUDE    14,943       

IN ALL NOTICES THE OBLIGOR'S LAST KNOWN MAILING ADDRESS, LAST      14,944       

KNOWN RESIDENCE ADDRESS, AND SOCIAL SECURITY NUMBER;               14,945       

      (8)  A STATEMENT THAT, IN ADDITION TO THE AMOUNT DEDUCTED    14,948       

FOR SUPPORT, THE FINANCIAL INSTITUTION MAY DEDUCT A FEE FROM THE   14,949       

                                                          343    


                                                                 
OBLIGOR'S ACCOUNT AS A CHARGE FOR ITS SERVICES IN COMPLYING WITH   14,950       

THE NOTICE AND A SPECIFICATION OF THE AMOUNT THAT MAY BE           14,951       

DEDUCTED.                                                                       

      Sec. 3121.038.  WITH RESPECT TO AN ADMINISTRATIVE CHILD      14,953       

SUPPORT ORDER, EACH WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN   14,954       

SECTION 3121.03 OF THE REVISED CODE SHALL INCLUDE NOTICE OF ALL    14,956       

OF THE FOLLOWING:                                                               

      (A)  THAT THE CHILD SUPPORT ENFORCEMENT AGENCY MAY BRING AN  14,958       

ACTION UNDER SECTION 3121.37 OF THE REVISED CODE REQUESTING THAT   14,959       

THE COURT FIND THE PAYOR OR FINANCIAL INSTITUTION IN CONTEMPT      14,960       

PURSUANT TO SECTION 2705.02 OF THE REVISED CODE IF THE PAYOR OR    14,961       

FINANCIAL INSTITUTION FAILS TO COMPLY WITH THE WITHHOLDING OR                   

DEDUCTION NOTICE;                                                  14,962       

      (B)  THAT, IF THE PAYOR OR FINANCIAL INSTITUTION FAILS TO    14,964       

COMPLY WITH THE WITHHOLDING OR DEDUCTION NOTICE, THE FAILURE TO    14,965       

COMPLY IS CONTEMPT.                                                             

      Sec. 3121.039.  NO WITHHOLDING OR DEDUCTION NOTICE OR OTHER  14,968       

ORDER DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE SHALL       14,969       

CONTAIN ANY INFORMATION OTHER THAN THE INFORMATION SPECIFICALLY    14,970       

REQUIRED BY THE REVISED CODE AND ANY ADDITIONAL INFORMATION THAT   14,972       

THE ISSUING COURT OR AGENCY DETERMINES MAY BE NECESSARY TO COMPLY  14,973       

WITH THE NOTICE.                                                                

      Sec. 3121.0310.  (A)  FOR PURPOSES OF CHAPTERS 3119.,        14,975       

3121., 3123., AND 3125. OF THE REVISED CODE, THE FOLLOWING SHALL   14,977       

BE CONSIDERED A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER       14,979       

SECTION 3121.03 OF THE REVISED CODE:                               14,980       

      (1)  A WITHHOLDING OR DEDUCTION ORDER THAT WAS ISSUED UNDER  14,983       

DIVISION (D) OF SECTION 3113.21 OF THE REVISED CODE AS THAT        14,985       

DIVISION EXISTED PRIOR TO DECEMBER 31, 1993, AND WAS NOT           14,986       

TERMINATED ON OR AFTER THAT DATE;                                  14,987       

      (2)  A WITHHOLDING OR DEDUCTION NOTICE THAT WAS ISSUED       14,990       

UNDER DIVISION (D) OF SECTION 3113.21 OF THE REVISED CODE AS THAT  14,993       

DIVISION EXISTED ON AND AFTER DECEMBER 31, 1993, AND PRIOR TO THE  14,995       

EFFECTIVE DATE OF THIS AMENDMENT AND WAS NOT TERMINATED ON OR      14,996       

                                                          344    


                                                                 
AFTER THE EFFECTIVE DATE OF THIS AMENDMENT;                        14,997       

      (3)  A WITHHOLDING OR DEDUCTION ORDER THAT WAS ISSUED UNDER  15,000       

FORMER SECTION 3111.23 OF THE REVISED CODE AS THAT SECTION         15,002       

EXISTED PRIOR TO DECEMBER 31, 1993, AND THAT WAS NOT TERMINATED    15,003       

ON OR AFTER THAT DATE;                                             15,004       

      (4)  A WITHHOLDING OR DEDUCTION NOTICE THAT WAS ISSUED       15,007       

UNDER FORMER SECTION 3111.23 OF THE REVISED CODE AS THAT SECTION   15,010       

EXISTED ON AND AFTER DECEMBER 31, 1993, AND PRIOR TO THE           15,012       

EFFECTIVE DATE OF THIS AMENDMENT AND THAT WAS NOT TERMINATED ON    15,013       

OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT.                     15,014       

      (B)  FOR PURPOSES OF CHAPTERS 3119., 3121., 3123., AND       15,016       

3125. OF THE REVISED CODE, THE FOLLOWING SHALL BE CONSIDERED       15,018       

ORDERS ISSUED UNDER SECTION 3121.03, 3121.04, 3121.05, 3121.06,    15,019       

OR 3121.12 OF THE REVISED CODE, AS APPLICABLE:                     15,020       

      (1)  AN ORDER ISSUED UNDER DIVISION (D)(6) OR (7) OR (H) OF  15,023       

SECTION 3113.21 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR  15,025       

TO JANUARY 1, 1998, AND THAT WAS NOT TERMINATED ON OR AFTER THAT   15,026       

DATE;                                                                           

      (2)  AN ORDER ISSUED UNDER DIVISION (D)(3) OR (4) OR (H) OF  15,029       

SECTION 3113.21 OF THE REVISED CODE AS THAT DIVISION EXISTED ON    15,030       

AND AFTER JANUARY 1, 1998, AND PRIOR TO THE EFFECTIVE DATE OF      15,032       

THIS AMENDMENT AND THAT WAS NOT TERMINATED ON OR AFTER THE         15,033       

EFFECTIVE DATE OF THIS AMENDMENT;                                  15,034       

      (3)  AN ORDER ISSUED UNDER FORMER SECTION 3111.231 OF THE    15,038       

REVISED CODE AND THAT WAS NOT TERMINATED ON OR AFTER THE           15,040       

EFFECTIVE DATE OF THIS AMENDMENT.                                  15,041       

      Sec. 3121.0311.  THE DEPARTMENT OF HUMAN SERVICES SHALL      15,043       

ADOPT STANDARD FORMS FOR SUPPORT WITHHOLDING AND DEDUCTION         15,044       

NOTICES DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE.  ALL     15,045       

COURTS AND CHILD SUPPORT ENFORCEMENT AGENCIES SHALL USE THE FORMS  15,047       

IN ISSUING WITHHOLDING AND DEDUCTION NOTICES.                                   

      Sec. 3121.04.  WHEN A PERSON WHO FAILS TO COMPLY WITH A      15,049       

WITHHOLDING NOTICE DESCRIBED IN SECTION 3121.03 OF THE REVISED     15,050       

CODE AND ISSUED TO ENFORCE A COURT SUPPORT ORDER DERIVES INCOME    15,052       

                                                          345    


                                                                 
FROM SELF-EMPLOYMENT OR COMMISSION, IS EMPLOYED BY AN EMPLOYER     15,053       

NOT SUBJECT TO THE JURISDICTION OF THE COURT, OR IS IN ANY OTHER   15,054       

EMPLOYMENT SITUATION THAT MAKES ISSUANCE OF A WITHHOLDING NOTICE   15,055       

IMPRACTICABLE, THE COURT MAY REQUIRE THE PERSON TO ENTER INTO A    15,056       

CASH BOND TO THE COURT IN A SUM FIXED BY THE COURT AT NOT LESS     15,057       

THAN FIVE HUNDRED NOR MORE THAN TEN THOUSAND DOLLARS, CONDITIONED  15,058       

THAT THE PERSON WILL MAKE PAYMENT AS PREVIOUSLY ORDERED.           15,059       

      Sec. 3121.05.  WHEN A COURT DETERMINES AT A HEARING          15,061       

CONDUCTED UNDER SECTION 3123.05 OF THE REVISED CODE, OR A CHILD    15,062       

SUPPORT ENFORCEMENT AGENCY DETERMINES AT A HEARING UNDER SECTION   15,063       

3123.04 OF THE REVISED CODE OR PURSUANT TO AN INVESTIGATION        15,064       

CONDUCTED UNDER SECTION 3123.02 OF THE REVISED CODE, THAT THE      15,065       

OBLIGOR UNDER THE COURT SUPPORT ORDER IN RELATION TO WHICH THE     15,066       

HEARING OR INVESTIGATION IS CONDUCTED IS UNEMPLOYED AND HAS NO     15,068       

OTHER SOURCE OF INCOME AND NO ASSETS SO THAT THE APPLICATION OF    15,069       

SECTIONS 3121.03 AND 3123.06 OF THE REVISED CODE WOULD BE          15,070       

IMPRACTICABLE, THE COURT SHALL ISSUE AN ORDER AS DESCRIBED IN      15,071       

DIVISION (D)(1) OF SECTION 3121.03 OF THE REVISED CODE AND SHALL   15,072       

ORDER THE OBLIGOR TO NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY   15,073       

IN WRITING IMMEDIATELY OF THE RECEIPT OF ANY SOURCE OF INCOME OR   15,076       

OF THE OPENING OF AN ACCOUNT IN A FINANCIAL INSTITUTION, AND TO    15,077       

INCLUDE IN THE NOTIFICATION A DESCRIPTION OF THE NATURE OF THE     15,078       

EMPLOYMENT OR INCOME SOURCE, THE NAME, BUSINESS ADDRESS, AND       15,079       

TELEPHONE NUMBER OF THE EMPLOYER OR INCOME SOURCE, AND ANY OTHER   15,080       

INFORMATION REASONABLY REQUIRED BY THE COURT.                      15,081       

      Sec. 3121.06.  WHEN A COURT DETERMINES, AT A HEARING         15,083       

CONDUCTED UNDER SECTION 3121.031 OF THE REVISED CODE WITH RESPECT  15,084       

TO A COURT SUPPORT ORDER BEING MODIFIED, THAT AN OBLIGOR IS        15,085       

UNEMPLOYED, IS NOT RECEIVING WORKERS' COMPENSATION PAYMENTS, DOES  15,086       

NOT HAVE AN ACCOUNT IN A FINANCIAL INSTITUTION, AND HAS NO OTHER   15,087       

SOURCE OF INCOME AND NO ASSETS SO THAT THE APPLICATION OF          15,088       

DIVISION (A), (B), OR (C) OF SECTION 3121.03 OF THE REVISED CODE   15,090       

WOULD BE IMPRACTICABLE, THE COURT SHALL ISSUE AN ORDER AS          15,092       

DESCRIBED IN DIVISION (D)(1) OF SECTION 3121.03 OF THE REVISED     15,093       

                                                          346    


                                                                 
CODE AND SHALL ORDER THE OBLIGOR TO NOTIFY THE CHILD SUPPORT       15,094       

ENFORCEMENT AGENCY, IN WRITING, IMMEDIATELY OF THE RECEIPT OF ANY  15,096       

SOURCE OF INCOME OR OF THE OPENING OF AN ACCOUNT IN A FINANCIAL    15,097       

INSTITUTION, AND TO INCLUDE IN THE NOTIFICATION A DESCRIPTION OF   15,098       

THE NATURE OF THE EMPLOYMENT OR INCOME SOURCE, THE NAME, BUSINESS  15,100       

ADDRESS, AND TELEPHONE NUMBER OF THE EMPLOYER OR INCOME SOURCE OR  15,101       

THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE FINANCIAL           15,102       

INSTITUTION, AND ANY OTHER INFORMATION REASONABLY REQUIRED BY THE  15,103       

COURT.                                                             15,104       

      Sec. 2301.371 3121.07.  (A)  If a child support enforcement  15,113       

agency discovers pursuant to an investigation conducted under      15,115       

section 2301.37 3123.02 of the Revised Code that an obligor under  15,116       

a child support order that it is administering may be receiving    15,118       

unemployment compensation benefits or if a child support           15,119       

enforcement agency receives notice or otherwise discovers that an  15,120       

obligor under a child support order may be receiving unemployment  15,121       

compensation benefits, the agency promptly shall conduct an        15,122       

investigation to determine whether the obligor is receiving        15,123       

unemployment compensation benefits and to determine the amount of  15,124       

the benefits.  The investigation shall be completed within ten     15,125       

days of the agency's discovery or receipt of the notice.           15,126       

      (B)(1)  Upon completion of an investigation conducted under  15,128       

division (A) of this section, if the agency finds that the         15,129       

obligor is receiving unemployment compensation benefits, it        15,130       

shall, in accordance with sections 3111.20 to 3111.28 and 3113.21  15,131       

to 3113.219 CHAPTER 3121. of the Revised Code, division (D)(4) of  15,134       

section 4141.28 of the Revised Code, and federal law governing                  

the bureau of employment services, notify the bureau of            15,136       

employment services to withhold or deduct an amount from the       15,138       

unemployment compensation benefits to pay child support            15,139       

obligations.  ANY DEDUCTION FROM A SOURCE IN ACCORDANCE WITH THIS  15,140       

SECTION AND DIVISION (D)(4) OF SECTION 4141.28 OF THE REVISED      15,141       

CODE IS IN ADDITION TO, AND DOES NOT PRECLUDE, ANY WITHHOLDING OR  15,142       

DEDUCTION FOR PURPOSES OF CHILD SUPPORT UNDER CHAPTERS 3119.,      15,143       

                                                          347    


                                                                 
3121., AND 3123. OF THE REVISED CODE.                              15,144       

      The agency may not impose the processing charge pursuant to  15,146       

division (G)(1) of section 2301.35 3119.27 of the Revised Code     15,147       

with respect to amounts withheld or deducted from unemployment     15,150       

compensation pursuant to this section.                                          

      (2)(a)  THE BUREAU OF EMPLOYMENT SERVICES, IN ACCORDANCE     15,152       

WITH DIVISION (D)(4) OF SECTION 4141.28 OF THE REVISED CODE,       15,155       

SHALL DEDUCT AND WITHHOLD FROM UNEMPLOYMENT COMPENSATION PAYABLE   15,156       

TO THE OBLIGOR, AND PAY TO THE APPROPRIATE CHILD SUPPORT           15,157       

ENFORCEMENT ENTITY, WHICHEVER OF THE FOLLOWING IS APPLICABLE:      15,158       

      (i)  ANY AMOUNT REQUIRED TO BE DEDUCTED AND WITHHELD FROM    15,161       

THE UNEMPLOYMENT COMPENSATION PURSUANT TO LEGAL PROCESS, AS THAT   15,162       

TERM IS DEFINED IN TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88     15,165       

STAT. 2351 (1975), 42 U.S.C. 651 ET SEQ., AS AMENDED, AND          15,167       

PROPERLY SERVED ON THE ADMINISTRATOR, AS DESCRIBED IN DIVISION     15,169       

(D)(4)(c) OF SECTION 4141.28 OF THE REVISED CODE;                  15,171       

      (ii)  WHEN DIVISION (B)(2)(a)(i) OF THIS SECTION IS          15,174       

INAPPLICABLE, AN AMOUNT DETERMINED PURSUANT TO AN AGREEMENT        15,175       

SUBMITTED TO THE ADMINISTRATOR UNDER TITLE IV-D OF THE "SOCIAL     15,178       

SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 651 ET SEQ., AS AMENDED,   15,181       

BY THE STATE OR LOCAL CHILD SUPPORT ENFORCEMENT AGENCY;            15,182       

      (iii)  IF NEITHER DIVISION (B)(2)(a)(i) NOR (ii) OF THIS     15,186       

SECTION IS APPLICABLE, THEN THE AMOUNT SPECIFIED BY THE            15,187       

INDIVIDUAL.                                                                     

      (b)  THE AMOUNT OF UNEMPLOYMENT COMPENSATION SUBJECT TO      15,190       

BEING WITHHELD PURSUANT TO DIVISION (B)(2)(a) OF THIS SECTION IS   15,192       

THAT AMOUNT THAT REMAINS PAYABLE TO THE INDIVIDUAL AFTER           15,193       

APPLICATION OF ANY RECOUPMENT PROVISIONS FOR RECOVERY OF           15,194       

OVERPAYMENTS AND AFTER DEDUCTIONS THAT HAVE BEEN MADE UNDER        15,195       

CHAPTER 4141. OF THE REVISED CODE FOR DEDUCTIBLE INCOME RECEIVED   15,197       

BY THE INDIVIDUAL.  EFFECTIVE FOR APPLICATIONS TO ESTABLISH        15,198       

UNEMPLOYMENT COMPENSATION BENEFIT RIGHTS FILED AFTER DECEMBER 27,  15,199       

1997, THE AMOUNT WITHHELD WITH RESPECT TO A WEEK OF UNEMPLOYMENT   15,200       

BENEFITS SHALL NOT EXCEED FIFTY PER CENT OF THE INDIVIDUAL'S       15,201       

                                                          348    


                                                                 
WEEKLY BENEFIT AMOUNT AS DETERMINED BY THE ADMINISTRATOR OF THE    15,202       

BUREAU OF EMPLOYMENT SERVICES.                                     15,203       

      (c)  ANY DEDUCTION AND WITHHOLDING PURSUANT TO DIVISION (B)  15,206       

OF THIS SECTION FROM UNEMPLOYMENT COMPENSATION PAYABLE TO AN       15,207       

OBLIGOR IS SUBJECT TO, AND SHALL BE IN ACCORDANCE WITH, DIVISION   15,208       

(D)(4) OF SECTION 4141.28 OF THE REVISED CODE.                     15,209       

      (C)  The department of human services shall adopt rules in   15,211       

accordance with Chapter 119. of the Revised Code to implement      15,212       

this section, which rules shall be consistent with division        15,214       

(D)(4) of section 4141.28 of the Revised Code and federal law      15,215       

governing the bureau of employment services.                       15,216       

      Sec. 3113.16 3121.08.  (A)  As used in this section:         15,225       

      (1)  "Child support order" has the same meaning as in        15,227       

section 2301.373 of the Revised Code.                              15,229       

      (2)  "Default," "obligor," and "obligee" have the same       15,231       

meanings as in section 2301.34 of the Revised Code.                15,233       

      (3)  "Prison, "PRISON," "prison term," and "jail" have the   15,236       

same meanings as in section 2929.01 of the Revised Code.           15,237       

      (B)  Notwithstanding any other section of the Revised Code,  15,240       

including sections 5145.16 and 5147.30 of the Revised Code,        15,241       

twenty-five per cent of any money earned pursuant to section                    

5145.16 or 5147.30 of the Revised Code by a prisoner in a prison   15,244       

or jail who has a dependent child receiving assistance under       15,246       

Chapter 5107. of the Revised Code, shall be paid to the state      15,247       

department of human services.                                      15,248       

      (C)  Notwithstanding any other section of the Revised Code,  15,251       

including sections 5145.16 and 5147.30 of the Revised Code, and    15,252       

except as provided in division (B) of this section, twenty-five    15,254       

per cent of any money earned pursuant to section 5145.16 or                     

5147.30 of the Revised Code by a prisoner in a prison or jail who  15,256       

is an obligor in default under a child support order according to  15,257       

the records of the child support enforcement agency administering  15,258       

the order, shall be paid to the agency for distribution to the     15,259       

obligee under the order pursuant to sections 3111.23 to 3111.28    15,260       

                                                          349    


                                                                 
or sections 3113.21 to 3113.219 of the Revised Code.               15,261       

      Sec. 3121.11.  WHEN A CHILD SUPPORT ENFORCEMENT AGENCY       15,263       

RECEIVES NOTICE THAT A LUMP SUM PAYMENT OF ONE HUNDRED FIFTY       15,264       

DOLLARS OR MORE IS TO BE PAID TO AN OBLIGOR WHO IS SUBJECT TO A    15,265       

COURT SUPPORT ORDER, THE AGENCY SHALL NOTIFY THE COURT OF THE      15,266       

RECEIPT OF THE NOTICE AND ITS CONTENTS.  THE AGENCY MAY NOTIFY     15,267       

THE COURT IF THE NOTICE SPECIFIES THAT A LUMP SUM PAYMENT OF LESS  15,268       

THAN ONE HUNDRED FIFTY DOLLARS IS TO BE PAID TO THE OBLIGOR.       15,269       

      Sec. 3121.12.  (A)  ON RECEIPT OF A NOTICE THAT A LUMP SUM   15,273       

PAYMENT IS TO BE PAID TO THE OBLIGOR, THE COURT, WITH RESPECT TO   15,274       

A COURT SUPPORT ORDER, OR THE CHILD SUPPORT ENFORCEMENT AGENCY,    15,275       

WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER, SHALL DO    15,277       

EITHER OF THE FOLLOWING:                                                        

      (1)  IF THE OBLIGOR IS IN DEFAULT UNDER THE SUPPORT ORDER    15,279       

OR HAS ANY ARREARAGES UNDER THE SUPPORT ORDER, ISSUE AN ORDER      15,281       

REQUIRING THE TRANSMITTAL OF THE LUMP SUM PAYMENT TO THE OFFICE    15,282       

OF CHILD SUPPORT;                                                               

      (2)  IF THE OBLIGOR IS NOT IN DEFAULT UNDER THE SUPPORT      15,284       

ORDER AND DOES NOT HAVE ANY ARREARAGES UNDER THE SUPPORT ORDER,    15,286       

ISSUE AN ORDER DIRECTING THE PERSON WHO GAVE THE NOTICE TO THE     15,287       

COURT OR AGENCY TO IMMEDIATELY PAY THE FULL AMOUNT OF THE LUMP                  

SUM PAYMENT TO THE OBLIGOR.                                        15,288       

      (B)  ON RECEIPT OF ANY MONEYS PURSUANT TO DIVISION (A) OF    15,291       

THIS SECTION, THE OFFICE OF CHILD SUPPORT SHALL PAY THE AMOUNT OF  15,293       

THE LUMP SUM PAYMENT THAT IS NECESSARY TO DISCHARGE ALL OF THE     15,294       

OBLIGOR'S ARREARAGES TO THE OBLIGEE AND, WITHIN TWO BUSINESS DAYS  15,295       

AFTER ITS RECEIPT OF THE MONEY, ANY AMOUNT THAT IS REMAINING       15,296       

AFTER THE PAYMENT OF THE ARREARAGES TO THE OBLIGOR.                15,297       

      (C)  A COURT THAT ISSUED AN ORDER PRIOR TO JANUARY 1, 1998,  15,300       

REQUIRING AN EMPLOYER TO WITHHOLD AN AMOUNT FROM AN OBLIGOR'S      15,301       

PERSONAL EARNINGS FOR THE PAYMENT OF SUPPORT SHALL ISSUE A         15,302       

SUPPLEMENTAL ORDER THAT DOES NOT CHANGE THE ORIGINAL ORDER OR THE  15,303       

RELATED SUPPORT ORDER REQUIRING THE EMPLOYER TO DO ALL OF THE      15,304       

FOLLOWING:                                                                      

                                                          350    


                                                                 
      (1)  NO LATER THAN THE EARLIER OF FORTY-FIVE DAYS BEFORE A   15,306       

LUMP SUM PAYMENT IS TO BE MADE OR, IF THE OBLIGOR'S RIGHT TO A     15,307       

LUMP SUM PAYMENT IS DETERMINED LESS THAN FORTY-FIVE DAYS BEFORE    15,308       

IT IS TO BE MADE, THE DATE ON WHICH THAT DETERMINATION IS MADE,    15,309       

NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY OF ANY LUMP SUM        15,310       

PAYMENT OF ANY KIND OF ONE HUNDRED FIFTY DOLLARS OR MORE THAT IS   15,312       

TO BE PAID TO THE OBLIGOR;                                         15,313       

      (2)  HOLD THE LUMP SUM PAYMENT FOR THIRTY DAYS AFTER THE     15,315       

DATE ON WHICH IT WOULD OTHERWISE BE PAID TO THE OBLIGOR;           15,316       

      (3)  ON ORDER OF THE COURT, PAY ANY SPECIFIED AMOUNT OF THE  15,319       

LUMP SUM PAYMENT TO THE OFFICE OF CHILD SUPPORT.                                

      (D)  AN EMPLOYER THAT KNOWINGLY FAILS TO NOTIFY THE CHILD    15,321       

SUPPORT ENFORCEMENT AGENCY IN ACCORDANCE WITH THIS SECTION OR      15,323       

SECTION 3121.03 OF THE REVISED CODE OF ANY LUMP SUM PAYMENT TO BE  15,324       

MADE TO AN OBLIGOR IS LIABLE FOR ANY SUPPORT PAYMENT NOT MADE TO   15,325       

THE OBLIGEE AS A RESULT OF ITS KNOWING FAILURE TO GIVE THE         15,326       

NOTICE.                                                                         

      Sec. 3113.212 3121.14.  (A)  When a court has issued a       15,335       

COURT support order OR A CHILD SUPPORT ENFORCEMENT AGENCY HAS      15,337       

ISSUED AN ADMINISTRATIVE CHILD SUPPORT ORDER, when the ISSUING     15,338       

court or a child support enforcement agency, OR THE AGENCY         15,340       

ADMINISTERING THE SUPPORT ORDER, has issued one or more notices    15,342       

containing one or more of the requirements described in division   15,343       

(D) of section 3113.21 3121.03 of the Revised Code or when a       15,346       

court OR AGENCY THAT ISSUED THE SUPPORT ORDER has issued one or    15,347       

more court orders described in division (D)(3)(C) or (4)(D) of     15,349       

that section, and when either the child support enforcement        15,351       

agency ADMINISTERING THE SUPPORT ORDER receives a notification as  15,353       

described in division (D), (G), or (H) of section 3113.21 of the   15,355       

Revised Code that pertains to a change in the source of income or  15,357       

status of accounts in a financial institution of the obligor or    15,358       

the child support enforcement agency ADMINISTERING THE SUPPORT     15,359       

ORDER otherwise determines that the source of income or status of  15,361       

accounts in a financial institution of the obligor has changed,    15,362       

                                                          351    


                                                                 
the child support enforcement agency ADMINISTERING THE SUPPORT     15,363       

ORDER immediately shall conduct an investigation to determine the  15,364       

obligor's present source of income or assets, and the obligor's    15,365       

address and social security number and shall issue one or more     15,366       

notices described in division (D) of section 3113.21 3121.03 of    15,368       

the Revised Code that it determines are appropriate.  If the       15,369       

agency administering the support order determines that no notice   15,372       

of the type described in division (D)(1) or (2) of that section    15,374       

would be appropriate, the agency, WITH RESPECT TO A COURT SUPPORT  15,375       

ORDER, may request the court to issue a court order under          15,376       

division (D)(3)(C) or (4)(D) of that section, and, upon THE        15,378       

AGENCY MAY ISSUE, WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT  15,379       

ORDER, AN ADMINISTRATIVE ORDER UNDER DIVISION (D) OF THAT          15,380       

SECTION.  ON RECEIPT OF the request, the court, WITH RESPECT TO A  15,381       

COURT SUPPORT ORDER, may issue an order as described in that       15,383       

division (C) OR (D) OF SECTION 3121.03 OF THE REVISED CODE, AND    15,385       

THE AGENCY, WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT                     

ORDER, MAY ISSUE AN ADMINISTRATIVE ORDER UNDER DIVISION (D) OF     15,386       

SECTION 3121.03 OF THE REVISED CODE.  The notices and court        15,387       

orders are final and are enforceable by the court.  The notices    15,388       

shall be mailed within fifteen days after the obligor under the    15,389       

support order is located or within fifteen days after the default  15,390       

under the support order, whichever is applicable.                  15,391       

      If the court or child support enforcement agency THAT        15,393       

ISSUED THE SUPPORT ORDER, OR THE AGENCY ADMINISTERING THE SUPPORT  15,394       

ORDER, previously has issued one or more notices containing one    15,396       

or more of the requirements described in division (D) of section   15,397       

3113.21 3121.03 of the Revised Code or, the court previously has   15,399       

issued one or more court orders described in division (D)(3)(C)    15,401       

or (4)(D) of that section, OR THE AGENCY HAS PREVIOUSLY ISSUED AN  15,403       

ORDER DESCRIBED UNDER DIVISION (D) OF THAT SECTION and the child   15,405       

support enforcement agency ADMINISTERING THE SUPPORT ORDER         15,406       

determines that any of the requirements or court orders no longer  15,407       

are appropriate due to the change, the agency ADMINISTERING THE    15,408       

                                                          352    


                                                                 
SUPPORT ORDER immediately shall cancel any previously issued       15,410       

notice AND CANCEL ANY PREVIOUSLY ISSUED ADMINISTRATIVE ORDER       15,411       

UNDER DIVISION (D) OF SECTION 3121.03 OF THE REVISED CODE THAT IS  15,412       

NO LONGER APPROPRIATE, and the court shall cancel any previously   15,413       

issued court order UNDER DIVISION (C) OR (D) OF SECTION 3121.03    15,414       

OF THE REVISED CODE that no longer is appropriate, the agency      15,415       

shall send written notice of the cancellation by regular mail to   15,416       

the person who was required to comply with the withholding,        15,417       

deduction, or other requirement contained in the canceled notice   15,418       

or court order, and the agency shall issue one or more new         15,419       

notices containing one or more requirements described in division  15,420       

(D) of section 3113.21 3121.03 of the Revised Code that it         15,422       

determines are appropriate.  If the agency determines that no      15,424       

notice of the type described in division (D)(1) or (2) of that     15,425       

section would be appropriate, the agency, WITH RESPECT TO A COURT  15,427       

SUPPORT ORDER, may request the court to issue a court order under  15,429       

division (D)(3)(C) or (4)(D) of that section, and, upon AND THE    15,430       

AGENCY MAY ISSUE, WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT  15,431       

ORDER, AN ADMINISTRATIVE ORDER UNDER DIVISION (D) OF THAT          15,432       

SECTION.  ON RECEIPT OF the request, the court may issue an order  15,433       

as described in that division (C) OR (D) OF SECTION 3121.03 OF     15,434       

THE REVISED CODE, AND THE AGENCY, WITH RESPECT TO AN               15,436       

ADMINISTRATIVE CHILD SUPPORT ORDER, MAY ISSUE AN ADMINISTRATIVE    15,437       

ORDER UNDER DIVISION (D) OF SECTION 3121.03 OF THE REVISED CODE.   15,438       

The notices and court orders are final and are enforceable by the  15,440       

court.  The notices shall be mailed within fifteen days after the  15,441       

obligor under the support order is located or within fifteen days  15,442       

after the default under the support order, whichever is            15,443       

applicable.                                                                     

      (B)  When a court or child support enforcement agency has    15,445       

issued one or more notices containing one or more of the           15,446       

requirements described in division (D) of section 3113.21 of the   15,448       

Revised Code requiring withholding by a payor that is not an       15,450       

employer or requiring deduction by a financial institution or a    15,451       

                                                          353    


                                                                 
court has issued one or more court orders described in division    15,453       

(D)(3) or (4) of that section and the agency is informed that the  15,455       

obligor has commenced employment, the agency shall issue a notice  15,456       

requiring the withholding of an amount from the person's personal  15,457       

earnings for support, in accordance with division (D)(1) of        15,458       

section 3113.21 of the Revised Code.  The notice is final and is   15,460       

enforceable by the court.  Additionally, if the court or agency    15,461       

determines that payments due under the support order have not      15,462       

been made and that the amount that has not been paid is at least   15,463       

equal to the support owed for one month under the support order,   15,464       

the court shall proceed to collect on any cash bond and shall      15,465       

order it paid to the division of child support in the department   15,466       

of human services.                                                              

      (C)  If a child support enforcement agency sends a notice    15,468       

imposing a withholding or deduction requirement or a court sends   15,469       

a court order imposing any other appropriate requirement to a      15,470       

person under division (A) or (B) of this section, the notice or    15,471       

court order, for purposes of sections 3113.21 to 3113.219 of the   15,472       

Revised Code, also shall be considered to have been issued under   15,473       

division (D) of section 3113.21 of the Revised Code.  The notice   15,475       

or court order is final and is enforceable by the court.           15,476       

      (D)  If a child support enforcement agency sends a notice    15,479       

imposing a withholding or deduction requirement or any other       15,480       

appropriate requirement to a person under division (A) or (B) of   15,481       

this section or under section 3113.21 of the Revised Code and if   15,482       

the payor or financial institution that is sent the withholding,   15,484       

deduction, or other appropriate notice fails to comply with the    15,485       

notice, the child support enforcement agency shall request the     15,486       

court to issue a court order requiring the payor or financial      15,487       

institution to comply with the withholding, deduction, or other    15,488       

appropriate notice sent by the agency immediately or be held in    15,489       

contempt of court.  If the court issues the requested order and    15,490       

if the payor or financial institution does not comply with the     15,492       

withholding, deduction, or other appropriate order of the agency   15,493       

                                                          354    


                                                                 
that is the subject of the court order immediately, it is in       15,494       

contempt of court.                                                 15,495       

      Sec. 3121.15.  WHEN A COURT OR CHILD SUPPORT ENFORCEMENT     15,497       

AGENCY HAS ISSUED ONE OR MORE NOTICES CONTAINING ONE OR MORE OF    15,498       

THE REQUIREMENTS DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE  15,500       

REQUIRING WITHHOLDING BY A PAYOR THAT IS NOT AN EMPLOYER OR        15,502       

REQUIRING DEDUCTION BY A FINANCIAL INSTITUTION, A COURT HAS        15,503       

ISSUED ONE OR MORE COURT ORDERS DESCRIBED IN DIVISION (C) OR (D)   15,505       

OF THAT SECTION, OR AN AGENCY HAS ISSUED AN ADMINISTRATIVE ORDER   15,506       

UNDER DIVISION (D) OF THAT SECTION AND THE AGENCY ADMINISTERING    15,507       

THE SUPPORT ORDER IS INFORMED THAT THE OBLIGOR HAS COMMENCED       15,509       

EMPLOYMENT, THAT AGENCY SHALL ISSUE A NOTICE REQUIRING THE         15,510       

WITHHOLDING OF AN AMOUNT FROM THE PERSON'S PERSONAL EARNINGS FOR   15,511       

SUPPORT, IN ACCORDANCE WITH SECTION 3121.03 OF THE REVISED CODE.   15,513       

THE NOTICE IS FINAL AND IS ENFORCEABLE BY THE COURT.               15,514       

ADDITIONALLY, IF THE COURT OR AGENCY DETERMINES THAT PAYMENTS DUE  15,515       

UNDER THE SUPPORT ORDER HAVE NOT BEEN MADE AND THAT THE AMOUNT     15,516       

THAT HAS NOT BEEN PAID IS AT LEAST EQUAL TO THE SUPPORT OWED FOR   15,517       

ONE MONTH UNDER THE SUPPORT ORDER, THE COURT SHALL PROCEED TO      15,518       

COLLECT ON ANY CASH BOND AND SHALL ORDER IT PAID TO THE OFFICE OF  15,519       

CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES.                              

      Sec. 3121.16.  IF A CHILD SUPPORT ENFORCEMENT AGENCY SENDS   15,521       

A NOTICE IMPOSING A WITHHOLDING OR DEDUCTION REQUIREMENT OR A      15,522       

COURT OR AGENCY SENDS AN ORDER IMPOSING ANY OTHER APPROPRIATE      15,523       

REQUIREMENT TO A PERSON UNDER SECTION 3121.14 OR 3121.15 OF THE    15,524       

REVISED CODE, THE NOTICE OR ORDER ALSO SHALL BE CONSIDERED TO      15,526       

HAVE BEEN ISSUED UNDER SECTION 3121.03 OF THE REVISED CODE.  THE   15,527       

NOTICE OR COURT ORDER IS FINAL AND IS ENFORCEABLE BY THE COURT.    15,528       

      Sec. 3121.18.  A PAYOR ORDERED TO WITHHOLD A SPECIFIED       15,530       

AMOUNT FROM THE INCOME OF AN EMPLOYEE UNDER A WITHHOLDING NOTICE   15,532       

DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE MAY DEDUCT FROM   15,534       

THE INCOME OF THE PERSON, IN ADDITION TO THE AMOUNT WITHHELD FOR   15,535       

PURPOSES OF SUPPORT, A FEE OF THE GREATER OF TWO DOLLARS OR AN     15,537       

AMOUNT NOT EXCEEDING ONE PER CENT OF THE AMOUNT WITHHELD AS A      15,538       

                                                          355    


                                                                 
CHARGE FOR ITS SERVICES IN COMPLYING WITH THE WITHHOLDING NOTICE.  15,540       

A FINANCIAL INSTITUTION REQUIRED TO DEDUCT FUNDS FROM AN ACCOUNT   15,541       

UNDER A DEDUCTION NOTICE DESCRIBED IN SECTION 3121.03 OF THE       15,543       

REVISED CODE MAY DEDUCT FROM THE ACCOUNT OF THE PERSON, IN         15,545       

ADDITION TO THE AMOUNT DEDUCTED FOR PURPOSES OF SUPPORT, A FEE OF  15,546       

THE LESSER OF FIVE DOLLARS OR AN AMOUNT NOT EXCEEDING THE LOWEST   15,547       

RATE IT CHARGES, IF ANY, FOR A DEBIT TRANSACTION IN A SIMILAR      15,548       

ACCOUNT AS A CHARGE FOR ITS SERVICE IN COMPLYING WITH THE          15,549       

DEDUCTION NOTICE.                                                               

      Sec. 3121.19.  THE ENTIRE AMOUNT WITHHELD OR DEDUCTED        15,551       

PURSUANT TO A WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN         15,552       

SECTION 3121.03 OF THE REVISED CODE SHALL BE FORWARDED TO THE      15,554       

OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES        15,555       

IMMEDIATELY, BUT NOT LATER THAN SEVEN BUSINESS DAYS AFTER, THE     15,556       

WITHHOLDING OR DEDUCTION, AS DIRECTED IN THE WITHHOLDING OR        15,557       

DEDUCTION NOTICE.                                                               

      Sec. 3121.20.  A PAYOR OR FINANCIAL INSTITUTION REQUIRED TO  15,559       

WITHHOLD OR DEDUCT A SPECIFIED AMOUNT FROM THE INCOME OR SAVINGS   15,560       

OF MORE THAN ONE OBLIGOR UNDER A WITHHOLDING OR DEDUCTION NOTICE   15,562       

DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE AND TO FORWARD    15,564       

THE AMOUNTS WITHHELD OR DEDUCTED TO THE OFFICE OF CHILD SUPPORT    15,565       

MAY COMBINE ALL OF THE AMOUNTS TO BE FORWARDED IN ONE PAYMENT IF                

PROVIDED THE PAYMENT IS ACCOMPANIED BY A LIST THAT CLEARLY         15,566       

IDENTIFIES EACH OBLIGOR COVERED BY THE PAYMENT AND THE PORTION OF  15,568       

THE PAYMENT ATTRIBUTABLE TO EACH OBLIGOR.                                       

      Sec. 3121.21.  A PAYOR OR FINANCIAL INSTITUTION SHALL NOT    15,570       

BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY FOR COMPLIANCE, IN       15,571       

ACCORDANCE WITH SECTIONS 3121.18 TO 3121.20 OF THE REVISED CODE,   15,572       

WITH A WITHHOLDING OR DEDUCTION NOTICE.                            15,573       

      Sec. 3121.23.  EXCEPT WHEN A PROVISION SPECIFICALLY          15,575       

AUTHORIZES OR REQUIRES SERVICE OTHER THAN AS DESCRIBED IN THIS     15,576       

SECTION, SERVICE OF ANY NOTICE ON ANY PARTY, A FINANCIAL           15,578       

INSTITUTION, OR PAYOR, FOR PURPOSES OF CHAPTERS 3119., 3121.,      15,580       

3123., AND 3125. OF THE REVISED CODE, SHALL BE MADE BY ORDINARY    15,582       

                                                          356    


                                                                 
FIRST CLASS MAIL DIRECTED TO THE ADDRESSEE AT THE LAST KNOWN       15,583       

ADDRESS OR, IN THE CASE OF A CORPORATION, AT ITS USUAL PLACE OF    15,584       

DOING BUSINESS.  A NOTICE SHALL BE CONSIDERED TO HAVE BEEN SERVED  15,586       

WHEN IT IS MAILED.                                                              

      Sec. 3121.24.  (A)  EACH PARTY TO A SUPPORT ORDER SHALL      15,588       

NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE      15,590       

SUPPORT ORDER OF THE PARTY'S CURRENT MAILING ADDRESS, CURRENT      15,592       

RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, AND         15,593       

CURRENT DRIVER'S LICENSE NUMBER, AT THE TIME OF THE ISSUANCE OR    15,594       

MODIFICATION OF THE ORDER.  UNTIL FURTHER NOTICE OF THE COURT OR   15,596       

AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER, EACH PARTY SHALL                    

NOTIFY THE AGENCY ADMINISTERING THE SUPPORT ORDER OF ANY CHANGE    15,598       

IN INFORMATION IMMEDIATELY AFTER THE CHANGE OCCURS.  WITH RESPECT  15,600       

TO A COURT SUPPORT ORDER, ANY WILLFUL FAILURE TO COMPLY WITH THIS  15,601       

DIVISION IS CONTEMPT OF COURT.  NO PERSON SHALL FAIL TO GIVE THE   15,602       

NOTICE REQUIRED BY DIVISION (A) OF THIS SECTION.                                

      (B)  THE PARTIES AFFECTED BY THE SUPPORT ORDER SHALL INFORM  15,604       

THE CHILD SUPPORT ENFORCEMENT AGENCY OF ANY CHANGE OF NAME OR      15,605       

OTHER CHANGE OF CONDITIONS THAT MAY AFFECT THE ADMINISTRATION OF   15,606       

THE ORDER.                                                                      

      Sec. 3121.25.  IF A PARTY TO A COURT CHILD SUPPORT ORDER     15,608       

REQUESTS A MODIFICATION OF THE ORDER OR AN OBLIGEE UNDER A COURT   15,609       

CHILD SUPPORT ORDER OR A PERSON ACTING ON BEHALF OF AN OBLIGEE     15,610       

FILES AN ACTION TO ENFORCE A COURT CHILD SUPPORT ORDER, THE COURT  15,611       

SHALL NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY THAT IS          15,612       

ADMINISTERING THE COURT CHILD SUPPORT ORDER OR THAT WILL           15,613       

ADMINISTER THE ORDER OF THE REQUEST OR THE FILING.                              

      Sec. 3121.27.  (A)  A COURT OR CHILD SUPPORT ENFORCEMENT     15,615       

AGENCY SHALL INCLUDE IN ANY ORDER FOR SUPPORT IT ISSUES A GENERAL  15,617       

PROVISION THAT STATES THE FOLLOWING:                                            

      "ALL SUPPORT UNDER THIS ORDER SHALL BE WITHHELD OR DEDUCTED  15,620       

FROM THE INCOME OR ASSETS OF THE OBLIGOR PURSUANT TO A             15,622       

WITHHOLDING OR DEDUCTION NOTICE OR APPROPRIATE ORDER ISSUED IN     15,623       

ACCORDANCE WITH CHAPTERS 3119., 3121., 3123., AND 3125. OF THE     15,624       

                                                          357    


                                                                 
REVISED CODE OR A WITHDRAWAL DIRECTIVE ISSUED PURSUANT TO          15,625       

SECTIONS 3123.24 TO 3123.38 OF THE REVISED CODE AND SHALL BE       15,626       

FORWARDED TO THE OBLIGEE IN ACCORDANCE WITH CHAPTERS 3119.,        15,628       

3121., 3123., AND 3125. OF THE REVISED CODE."                                   

      (B)  ALL SUPPORT ORDERS ISSUED PRIOR TO DECEMBER 31, 1993,   15,631       

THAT HAVE NOT BEEN MODIFIED OR SUBJECT TO DIVISION (B) OF FORMER   15,633       

SECTION 3113.21 OF THE REVISED CODE OR SECTIONS 3123.02 TO                      

3123.071 OF THE REVISED CODE, REGARDING A DEFAULT UNDER THE ORDER  15,634       

ON OR AFTER THAT DATE SHALL BE CONSIDERED TO CONTAIN THE GENERAL   15,636       

PROVISION DESCRIBED IN THIS SECTION AND SHALL BE ENFORCED AND      15,637       

MODIFIED IN THE SAME MANNER AS A SUPPORT ORDER ISSUED ON OR AFTER  15,638       

DECEMBER 31, 1993.                                                 15,639       

      Sec. 3121.28.  IN ANY ACTION OR PROCEEDING IN WHICH A        15,641       

SUPPORT ORDER IS ISSUED OR MODIFIED, THE COURT OR CHILD SUPPORT    15,642       

ENFORCEMENT AGENCY THAT ISSUES OR MODIFIES THE ORDER SHALL         15,644       

INCLUDE IN THE ORDER, IN ADDITION TO ANY PROVISION REQUIRED BY     15,645       

THE REVISED CODE, ALL OF THE FOLLOWING:                                         

      (A)  A REQUIREMENT THAT, REGARDLESS OF THE FREQUENCY OR      15,647       

AMOUNT OF SUPPORT PAYMENTS TO BE MADE UNDER THE ORDER, THE CHILD   15,649       

SUPPORT ENFORCEMENT AGENCY REQUIRED TO ADMINISTER THE ORDER SHALL  15,650       

ADMINISTER IT ON A MONTHLY BASIS, IN ACCORDANCE WITH SECTIONS      15,651       

3121.51 TO 3121.54 OF THE REVISED CODE;                                         

      (B)  A SPECIFICATION OF THE MONTHLY AMOUNT DUE UNDER THE     15,653       

SUPPORT ORDER FOR PURPOSES OF ITS MONTHLY ADMINISTRATION, AS       15,655       

DETERMINED UNDER SECTION 3121.52 OF THE REVISED CODE;                           

      (C)  A STATEMENT THAT PAYMENTS UNDER THE ORDER ARE TO BE     15,657       

MADE IN THE MANNER ORDERED BY THE COURT OR AGENCY, AND THAT IF     15,658       

THE PAYMENTS ARE TO BE MADE OTHER THAN ON A MONTHLY BASIS, THE     15,660       

REQUIRED MONTHLY ADMINISTRATION BY THE AGENCY DOES NOT AFFECT THE  15,661       

FREQUENCY OR THE AMOUNT OF THE SUPPORT PAYMENTS TO BE MADE UNDER   15,663       

THE ORDER.                                                                      

      Sec. 3121.29.  EACH SUPPORT ORDER, OR MODIFICATION OF A      15,665       

SUPPORT ORDER, SHALL CONTAIN A NOTICE THAT STATES THE FOLLOWING    15,667       

IN BOLDFACE TYPE AND IN ALL CAPITAL LETTERS:                       15,668       

                                                          358    


                                                                 
      "EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD      15,671       

SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT        15,672       

MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE      15,673       

TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY      15,674       

CHANGES IN THAT INFORMATION.  EACH PARTY MUST NOTIFY THE AGENCY    15,675       

OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY,                   

WHICHEVER ISSUED THE SUPPORT ORDER.  IF YOU ARE THE OBLIGOR UNDER  15,677       

A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED            15,678       

NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE,     15,679       

$100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE.   15,680       

IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED    15,681       

BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES,    15,682       

YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES    15,683       

UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.           15,684       

      IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED      15,686       

NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT   15,688       

ACTIONS AGAINST YOU:  IMPOSITION OF LIENS AGAINST YOUR PROPERTY;   15,689       

LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER'S        15,690       

LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME;    15,691       

ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL   15,692       

INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN      15,693       

MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION."                15,695       

      Sec. 3121.30.  A SUPPORT ORDER, OR MODIFICATION OF A         15,697       

SUPPORT ORDER, SHALL CONTAIN THE DATE OF BIRTH AND SOCIAL          15,699       

SECURITY NUMBER OF THE OBLIGOR.                                                 

      Sec. 1321.33.  THE WITHHOLDING OR DEDUCTION NOTICES AND      15,701       

OTHER ORDERS ISSUED UNDER SECTIONS 3121.03, 3121.04 TO 3121.06,    15,702       

AND 3121.12 OF THE REVISED CODE, AND THE NOTICES THAT REQUIRE THE  15,704       

OBLIGOR TO NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY             15,705       

ADMINISTERING THE SUPPORT ORDER OF ANY CHANGE IN THE OBLIGOR'S     15,706       

EMPLOYMENT STATUS OR OF ANY OTHER CHANGE IN THE STATUS OF THE      15,708       

OBLIGOR'S ASSETS, ARE FINAL AND ENFORCEABLE BY THE COURT.          15,709       

      Sec. 3121.34.  A PERSON REQUIRED TO COMPLY WITH WITHHOLDING  15,712       

OR DEDUCTION NOTICES DESCRIBED IN SECTION 3121.03 OF THE REVISED   15,713       

                                                          359    


                                                                 
CODE SHALL DETERMINE THE MANNER OF WITHHOLDING OR DEDUCTING FROM   15,714       

THE SPECIFIC REQUIREMENT INCLUDED IN THE NOTICES WITHOUT THE NEED  15,716       

FOR ANY AMENDMENT TO THE SUPPORT ORDER, AND A PERSON REQUIRED TO   15,717       

COMPLY WITH AN ORDER DESCRIBED IN SECTIONS 3121.03, 3121.04 TO     15,718       

3121.06, AND 3121.12 OF THE REVISED CODE SHALL COMPLY WITHOUT THE  15,719       

NEED FOR ANY AMENDMENT TO THE SUPPORT ORDER.                       15,720       

      Sec. 3121.35.  A COURT THAT HAS AUTHORITY TO ISSUE A COURT   15,722       

SUPPORT ORDER SHALL HAVE ALL POWERS NECESSARY TO ENFORCE THE       15,723       

ORDER AND ANY ADMINISTRATIVE CHILD SUPPORT ORDER AND ALL OTHER     15,724       

POWERS SET FORTH IN SECTIONS 3119.83 AND 3119.84 OF THE REVISED    15,726       

CODE.                                                                           

      Sec. 3121.36.  THE TERMINATION OF A COURT SUPPORT ORDER OR   15,729       

ADMINISTRATIVE CHILD SUPPORT ORDER DOES NOT ABATE THE POWER OF     15,730       

ANY COURT OR CHILD SUPPORT ENFORCEMENT AGENCY TO COLLECT ANY                    

OVERDUE AND UNPAID SUPPORT OR ARREARAGE OWED UNDER THE TERMINATED  15,731       

SUPPORT ORDER OR THE POWER OF THE COURT TO PUNISH ANY PERSON FOR   15,732       

A FAILURE TO COMPLY WITH, OR TO PAY ANY SUPPORT AS ORDERED IN,     15,733       

THE TERMINATED SUPPORT ORDER.  THE TERMINATION DOES NOT ABATE THE  15,734       

AUTHORITY OF THE COURT OR AGENCY TO ISSUE ANY NOTICE DESCRIBED IN  15,735       

SECTION 3121.03 OF THE REVISED CODE OR TO ISSUE ANY APPLICABLE     15,736       

ORDER AS DESCRIBED IN DIVISION (C) OR (D) OF SECTION 3121.03 OF    15,737       

THE REVISED CODE TO COLLECT ANY OVERDUE AND UNPAID SUPPORT OR      15,739       

ARREARAGE OWED UNDER THE TERMINATED SUPPORT ORDER.  IF A NOTICE    15,740       

IS ISSUED PURSUANT TO SECTION 3121.03 OF THE REVISED CODE TO       15,741       

COLLECT THE OVERDUE AND UNPAID SUPPORT OR ARREARAGE, THE AMOUNT    15,742       

WITHHELD OR DEDUCTED FROM THE OBLIGOR'S PERSONAL EARNINGS,         15,743       

INCOME, OR ACCOUNTS SHALL BE AT LEAST EQUAL TO THE AMOUNT THAT     15,744       

WAS WITHHELD OR DEDUCTED UNDER THE TERMINATED CHILD SUPPORT                     

ORDER.                                                             15,745       

      Sec. 3121.37.  IF AN OBLIGOR OR ANY OTHER PERSON FAILS TO    15,747       

COMPLY WITH AN ADMINISTRATIVE CHILD SUPPORT ORDER, THE AGENCY      15,748       

THAT ISSUED THE ORDER MAY REQUEST THAT THE JUVENILE COURT OF THE   15,749       

COUNTY IN WHICH THE AGENCY IS LOCATED FIND THE OBLIGOR OR OTHER    15,750       

PERSON IN CONTEMPT PURSUANT TO SECTION 2705.02 OF THE REVISED                   

                                                          360    


                                                                 
CODE.                                                                           

      Sec. 3121.371.  IF A CHILD SUPPORT ENFORCEMENT AGENCY SENDS  15,752       

A NOTICE IMPOSING A WITHHOLDING OR DEDUCTION REQUIREMENT OR ANY    15,753       

OTHER APPROPRIATE REQUIREMENT TO A PERSON DESCRIBED IN SECTION     15,754       

3121.03 OF THE REVISED CODE AND THE PAYOR OR FINANCIAL             15,756       

INSTITUTION SENT THE WITHHOLDING OR DEDUCTION NOTICE FAILS TO      15,757       

COMPLY WITH THE NOTICE, THE AGENCY SHALL REQUEST THAT THE COURT    15,759       

ISSUE A COURT ORDER REQUIRING THE PAYOR OR FINANCIAL INSTITUTION   15,760       

TO COMPLY IMMEDIATELY WITH THE NOTICE OR BE HELD IN CONTEMPT OF    15,761       

COURT.  IF THE COURT ISSUES THE ORDER AND THE PAYOR OR FINANCIAL   15,763       

INSTITUTION DOES NOT IMMEDIATELY COMPLY WITH THE NOTICE, IT IS IN  15,764       

CONTEMPT OF COURT.                                                              

      Sec. 3121.372.  THE FAILURE OF A PERSON TO SEND ANY NOTICE   15,766       

REQUIRED BY SECTION 3121.03, 3121.036, 3121.05, 3121.06, OR        15,767       

3121.12 OF THE REVISED CODE SHALL BE CONSIDERED CONTEMPT OF        15,768       

COURT.                                                                          

      Sec. 3121.38.  A PAYOR THAT FAILS TO WITHHOLD AN AMOUNT      15,770       

FROM AN OBLIGOR'S INCOME FOR SUPPORT IN ACCORDANCE WITH A          15,771       

WITHHOLDING REQUIREMENT INCLUDED IN A WITHHOLDING NOTICE ISSUED    15,772       

UNDER SECTION 3121.03 OF THE REVISED CODE OR A FINANCIAL           15,775       

INSTITUTION THAT FAILS TO DEDUCT FUNDS FROM AN OBLIGOR'S ACCOUNT   15,776       

FOR SUPPORT IN ACCORDANCE WITH A DEDUCTION REQUIREMENT INCLUDED    15,777       

IN A DEDUCTION NOTICE ISSUED UNDER SECTION 3121.03 OF THE REVISED  15,779       

CODE IS LIABLE FOR THE AMOUNT THAT WAS NOT WITHHELD OR DEDUCTED,   15,780       

EXCEPT THAT A PAYOR THAT IS AN EMPLOYER WHOSE NORMAL PAY AND       15,781       

DISBURSEMENT CYCLES MAKE IT IMPOSSIBLE TO COMPLY WITH A            15,783       

WITHHOLDING REQUIREMENT CONTAINED IN A WITHHOLDING NOTICE SHALL    15,784       

NOT BE LIABLE FOR THE AMOUNT NOT WITHHELD IF THE EMPLOYER, AS      15,785       

SOON AS POSSIBLE AFTER RECEIPT OF THE WITHHOLDING NOTICE,          15,786       

PROVIDES THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY THAT        15,787       

ISSUED THE NOTICE WITH WRITTEN NOTICE OF THE IMPOSSIBILITY AND     15,788       

THE REASONS FOR THE IMPOSSIBILITY.                                 15,789       

      A PAYOR WHO IS LIABLE UNDER THIS PROVISION FOR AN AMOUNT     15,792       

THAT WAS NOT WITHHELD SHALL BE ORDERED BY THE COURT OR AGENCY TO   15,793       

                                                          361    


                                                                 
PAY THAT AMOUNT TO THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT   15,794       

OF HUMAN SERVICES, TO BE DISBURSED IN ACCORDANCE WITH THE SUPPORT  15,796       

ORDER FOR THE BENEFIT OF THE CHILD OR SPOUSE.                                   

      Sec. 3121.381.  A COURT MAY FINE A PAYOR NOT MORE THAN TWO   15,798       

HUNDRED DOLLARS FOR FAILURE TO WITHHOLD INCOME, AS REQUIRED UNDER  15,799       

A WITHHOLDING NOTICE ISSUED UNDER SECTION 3121.03 OF THE REVISED   15,800       

CODE, UNDER A COURT SUPPORT ORDER OR TO NOTIFY THE COURT OR CHILD  15,803       

SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE COURT SUPPORT ORDER   15,804       

THAT A SITUATION HAS OCCURRED CAUSING THE PAYOR TO CEASE PAYING    15,806       

INCOME IN AN AMOUNT SUFFICIENT TO COMPLY WITH THE ORDER TO THE     15,807       

OBLIGOR, OR, IN CASES IN WHICH THE OBLIGOR IS AN EMPLOYER, THE     15,808       

OBLIGOR IS RECEIVING OR IS ELIGIBLE TO RECEIVE A BENEFIT OF        15,809       

EMPLOYMENT OTHER THAN PERSONAL EARNINGS.                           15,810       

      THE COURT MAY FINE A FINANCIAL INSTITUTION NOT MORE THAN     15,813       

TWO HUNDRED DOLLARS FOR FAILURE TO DEDUCT FUNDS, AS REQUIRED BY A  15,814       

DEDUCTION NOTICE ISSUED UNDER SECTION 3121.03 OF THE REVISED       15,815       

CODE, FROM AN ACCOUNT UNDER A COURT SUPPORT ORDER OR TO NOTIFY     15,817       

THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE    15,818       

COURT SUPPORT ORDER OF THE TERMINATION OF AN ACCOUNT FROM WHICH    15,820       

FUNDS ARE BEING DEDUCTED OR OF THE OPENING OF A NEW ACCOUNT.       15,821       

      Sec. 3121.39.  NO PAYOR THAT IS AN EMPLOYER MAY USE A        15,823       

REQUIREMENT TO WITHHOLD PERSONAL EARNINGS CONTAINED IN A           15,825       

WITHHOLDING NOTICE ISSUED UNDER SECTION 3121.03 OF THE REVISED     15,827       

CODE AS A BASIS FOR A DISCHARGE OF, OR FOR ANY DISCIPLINARY        15,828       

ACTION AGAINST, AN EMPLOYEE, OR AS A BASIS FOR A REFUSAL TO        15,829       

EMPLOY A PERSON.                                                                

      Sec. 3121.43.  EXCEPT AS PROVIDED IN SECTIONS 3125.27 TO     15,832       

3125.30 OF THE REVISED CODE, THE OFFICE OF CHILD SUPPORT IN THE    15,834       

DEPARTMENT OF HUMAN SERVICES SHALL BE THE SOLE AGENCY OF THE       15,835       

STATE RESPONSIBLE FOR THE COLLECTION OF ALL SUPPORT PAYMENTS DUE                

UNDER SUPPORT ORDERS AND THE DISBURSEMENT OF THE PAYMENTS TO       15,837       

OBLIGEES.  THE OFFICE SHALL MAKE COLLECTIONS AND DISBURSEMENTS IN  15,838       

COMPLIANCE WITH SECTION 5107.20 OF THE REVISED CODE AND RULES      15,839       

ADOPTED PURSUANT TO SECTION 3121.71 OF THE REVISED CODE.           15,840       

                                                          362    


                                                                 
      Sec. 3121.44.  ON ISSUING OR MODIFYING A SUPPORT ORDER,      15,844       

ISSUING ANY WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN SECTION   15,845       

3121.03 OF THE REVISED CODE, OR ISSUING AN ORDER DESCRIBED IN      15,847       

DIVISION (C) OR (D) OF THAT SECTION, THE COURT OR CHILD SUPPORT    15,849       

ENFORCEMENT AGENCY SHALL REQUIRE THAT SUPPORT PAYMENTS BE MADE TO  15,850       

THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES    15,852       

AS TRUSTEE FOR REMITTANCE TO THE PERSON ENTITLED TO RECEIVE        15,853       

PAYMENTS, EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 2151.49,        15,854       

3113.07, AND 3125.27 TO 3125.30 OF THE REVISED CODE.               15,856       

      Sec. 3121.45.  ANY PAYMENT OF MONEY BY THE PERSON            15,858       

RESPONSIBLE FOR THE SUPPORT PAYMENTS UNDER A SUPPORT ORDER TO THE  15,859       

PERSON ENTITLED TO RECEIVE THE SUPPORT PAYMENTS THAT IS NOT MADE   15,860       

TO THE OFFICE OF CHILD SUPPORT, OR TO THE CHILD SUPPORT            15,861       

ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER UNDER SECTIONS  15,862       

3125.27 TO 3125.30 OF THE REVISED CODE, SHALL NOT BE CONSIDERED A  15,863       

PAYMENT OF SUPPORT UNDER THE SUPPORT ORDER AND, UNLESS THE         15,864       

PAYMENT IS MADE TO DISCHARGE AN OBLIGATION OTHER THAN SUPPORT,     15,865       

SHALL BE DEEMED TO BE A GIFT.                                                   

      Sec. 3121.46.  (A)  WHEN A SUPPORT ORDER IS ISSUED OR        15,868       

MODIFIED, A WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN SECTION   15,869       

3121.03 OF THE REVISED CODE IS ISSUED, OR AN ORDER DESCRIBED IN    15,872       

DIVISION (C) OR (D) OF SECTION 3121.03 OF THE REVISED CODE IS      15,873       

ISSUED, OR AT ANY TIME AFTER THE SUPPORT ORDER IS ISSUED OR        15,874       

MODIFIED, THE COURT MAY ORDER THE OFFICE OF CHILD SUPPORT, OR THE  15,876       

CHILD SUPPORT ENFORCEMENT AGENCY MAY ISSUE AN ORDER REQUIRING THE               

OFFICE, TO TRANSMIT THE PAYMENTS OR MAKE THEM PAYABLE TO ANY       15,878       

THIRD PERSON THAT IS EITHER AGREED UPON BY THE PARTIES AND         15,879       

APPROVED BY THE COURT OR APPOINTED BY THE COURT, WITH RESPECT TO   15,880       

A SUPPORT ORDER, OR IS EITHER AGREED UPON BY THE PARTIES AND       15,881       

APPROVED BY THE AGENCY OR APPOINTED BY THE AGENCY, WITH RESPECT    15,882       

TO AN ADMINISTRATIVE CHILD SUPPORT ORDER.  THIRD PERSONS INCLUDE,  15,883       

BUT ARE NOT LIMITED TO, A TRUSTEE, A CUSTODIAN, THE GUARDIAN OF    15,884       

THE ESTATE OF THE CHILD, THE COUNTY DEPARTMENT OF HUMAN SERVICES,  15,885       

PUBLIC CHILDREN SERVICES AGENCY, OR ANY APPROPRIATE SOCIAL         15,886       

                                                          363    


                                                                 
AGENCY.                                                                         

      (B)  ANY PERSON NAMED PURSUANT TO THIS SECTION IS ENTITLED   15,889       

TO RECEIVE THE SUPPORT PAYMENTS.  THE COURT MAY ALLOW THE PERSON   15,890       

TO RECEIVE A REASONABLE FEE FOR SERVICES RENDERED PURSUANT TO      15,891       

THIS SECTION.  THE PERSON SHALL MAKE FINANCIAL REPORTS IN          15,892       

CONNECTION WITH THESE SERVICES AT THE TIME AND IN THE MANNER       15,893       

PRESCRIBED BY THE COURT OR AS REQUIRED BY LAW.                                  

      Sec. 3121.47.  ANY PERSON ENTITLED TO RECEIVE SUPPORT        15,895       

PAYMENTS EITHER PERSONALLY OR ON BEHALF OF ANOTHER PERSON, BY      15,896       

REASON OF ANY SUPPORT ORDER THAT DOES NOT DIRECT THAT PAYMENTS BE  15,897       

MADE TO THE OFFICE OF CHILD SUPPORT, MAY APPLY TO THE APPROPRIATE  15,899       

CHILD SUPPORT ENFORCEMENT AGENCY FOR THE ADMINISTRATION OF THE     15,900       

ORDER.  ON RECEIPT OF THE APPLICATION, THE AGENCY HAS AUTHORITY    15,901       

TO ADMINISTER THE ORDER.  THE AGENCY SHALL NOTIFY THE OBLIGOR BY   15,903       

ANY METHOD OF SERVICE AUTHORIZED UNDER THE CIVIL RULES TO MAKE     15,905       

ALL SUPPORT PAYMENTS DUE AFTER SERVICE OF THE NOTICE ON THE        15,906       

OBLIGOR TO THE OFFICE.  AN OBLIGOR SO NOTIFIED BY AN AGENCY SHALL  15,908       

MAKE ALL SUBSEQUENT PAYMENTS TO THE OFFICE UNLESS THE COURT, ON    15,909       

THE OBLIGOR'S APPLICATION FILED WITHIN THIRTY DAYS AFTER SERVICE   15,911       

OF THE NOTICE ON THE OBLIGOR, ORDERS THE CHILD SUPPORT             15,912       

ENFORCEMENT AGENCY NOT TO ADMINISTER THE SUPPORT ORDER.            15,913       

      Sec. 3121.48.  THE OFFICE OF CHILD SUPPORT SHALL MAINTAIN A  15,916       

SEPARATE ACCOUNT FOR THE DEPOSIT OF SUPPORT PAYMENTS IT RECEIVES   15,917       

AS TRUSTEE FOR REMITTANCE TO THE PERSONS ENTITLED TO RECEIVE THE   15,918       

SUPPORT PAYMENTS.                                                               

      Sec. 3121.49.  THE OFFICE OF CHILD SUPPORT SHALL RETAIN AND  15,920       

USE SOLELY FOR SUPPORT ENFORCEMENT ACTIVITIES, ALL INTEREST        15,922       

EARNED ON MONEYS IN ANY SUPPORT PAYMENT ACCOUNT IT MAINTAINS.      15,924       

      Sec. 3121.50  ON RECEIPT OF ANY AMOUNT FORWARDED FROM A      15,927       

PAYOR OR FINANCIAL INSTITUTION, THE OFFICE OF CHILD SUPPORT SHALL  15,928       

DISTRIBUTE THE AMOUNT TO THE OBLIGEE WITHIN TWO BUSINESS DAYS OF   15,930       

ITS RECEIPT OF THE AMOUNT FORWARDED.  THE DEPARTMENT OF HUMAN      15,931       

SERVICES MAY ADOPT, REVISE, OR AMEND RULES UNDER CHAPTER 119. OF   15,932       

THE REVISED CODE TO ASSIST IN THE IMPLEMENTATION OF THIS SECTION.  15,934       

                                                          364    


                                                                 
      Sec. 3121.51.  A CHILD SUPPORT ENFORCEMENT AGENCY SHALL      15,936       

ADMINISTER ALL SUPPORT ORDERS ON A MONTHLY BASIS.                  15,937       

      Sec. 3121.52.  A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY   15,939       

THAT ISSUES OR MODIFIES A SUPPORT ORDER WITH SUPPORT PAYMENTS TO   15,941       

BE MADE OTHER THAN ON A MONTHLY BASIS SHALL CALCULATE A MONTHLY    15,942       

AMOUNT DUE UNDER THE ORDER, FOR PURPOSES OF ITS MONTHLY            15,943       

ADMINISTRATION, IN THE FOLLOWING MANNER:                           15,944       

      (A)  IF THE SUPPORT ORDER IS TO BE PAID WEEKLY, MULTIPLY     15,947       

THE WEEKLY AMOUNT OF SUPPORT DUE UNDER THE ORDER BY FIFTY-TWO AND  15,948       

DIVIDE THE RESULTING ANNUAL AMOUNT BY TWELVE;                                   

      (B)  IF THE SUPPORT ORDER IS TO BE PAID BIWEEKLY, MULTIPLY   15,951       

THE BIWEEKLY AMOUNT OF SUPPORT DUE UNDER THE ORDER BY TWENTY-SIX   15,952       

AND DIVIDE THE RESULTING ANNUAL AMOUNT BY TWELVE;                               

      (C)  IF THE SUPPORT ORDER IS TO BE PAID PERIODICALLY BUT IS  15,955       

NOT TO BE PAID WEEKLY, BIWEEKLY, OR MONTHLY, MULTIPLY THE                       

PERIODIC AMOUNT OF SUPPORT DUE BY AN APPROPRIATE NUMBER TO OBTAIN  15,957       

THE ANNUAL AMOUNT OF SUPPORT DUE UNDER THE ORDER AND DIVIDE THE    15,958       

ANNUAL AMOUNT OF SUPPORT DUE BY TWELVE.                                         

      Sec. 3121.53.  IF THE PAYMENTS UNDER A SUPPORT ORDER ARE TO  15,960       

BE MADE OTHER THAN ON A MONTHLY BASIS, THE REQUIRED MONTHLY        15,961       

ADMINISTRATION OF THE ORDER BY A CHILD SUPPORT ENFORCEMENT AGENCY  15,962       

SHALL NOT AFFECT THE FREQUENCY OR THE AMOUNT OF THE SUPPORT        15,964       

PAYMENTS TO BE MADE UNDER THE ORDER.                                            

      Sec. 3121.54.  WITH RESPECT TO SUPPORT ORDERS THAT REQUIRE   15,966       

PAYMENT OF SUPPORT TO COMMENCE ON A DAY OTHER THAN THE FIRST DAY   15,967       

OF A MONTH, THE CHILD SUPPORT ENFORCEMENT AGENCY, FOR PURPOSES OF  15,969       

MONTHLY ADMINISTRATION, SHALL COMPUTE A PRO RATA AMOUNT DUE UNDER  15,971       

THE ORDER FOR THE FIRST MONTH OF THE PERIOD OF PAYMENT, IN THE     15,972       

FOLLOWING MANNER:                                                               

      (A)  DETERMINE AN ANNUAL AMOUNT UNDER SECTION 3121.52 OF     15,974       

THE REVISED CODE;                                                  15,975       

      (B)  DIVIDE THE ANNUAL AMOUNT BY ONE OF THE FOLLOWING TO     15,977       

OBTAIN THE DAILY RATE:                                             15,978       

      (1)  IF PAYMENT OF SUPPORT IS REQUIRED TO COMMENCE IN A      15,980       

                                                          365    


                                                                 
LEAP YEAR, THREE HUNDRED SIXTY-SIX;                                15,981       

      (2)  IF PAYMENT OF SUPPORT IS REQUIRED TO COMMENCE IN A      15,983       

YEAR THAT IS NOT A LEAP YEAR, THREE HUNDRED SIXTY-FIVE.            15,984       

      (C)  MULTIPLY THE DAILY RATE BY THE NUMBER OF DAYS THE       15,986       

ORDER IS IN EFFECT IN THE FIRST MONTH, INCLUDING THE DATE PAYMENT  15,987       

OF SUPPORT IS REQUIRED TO COMMENCE AND THE LAST DAY OF THE FIRST   15,988       

MONTH.                                                                          

      Sec. 3121.56.  THE OFFICE OF CHILD SUPPORT SHALL COLLECT     15,990       

THE ADMINISTRATIVE CHARGE IMPOSED ON THE OBLIGOR UNDER THE         15,991       

SUPPORT ORDER PURSUANT TO SECTION 3119.27 OF THE REVISED CODE.     15,992       

      Sec. 3121.57.  THE OFFICE OF CHILD SUPPORT IS NOT REQUIRED   15,995       

TO APPLY AN ADMINISTRATIVE CHARGE INCLUDED WITH A PAYMENT FOR                   

CURRENT SUPPORT PAYMENT TOWARD ANY ARREARAGES UNDER THE SUPPORT    15,997       

ORDER.                                                                          

      Sec. 3121.58.  IF AN OBLIGOR FAILS TO PAY THE REQUIRED       15,999       

ADMINISTRATIVE CHARGE AMOUNT WITH EACH CURRENT SUPPORT PAYMENT     16,000       

DUE IN INCREMENTS SPECIFIED UNDER THE SUPPORT ORDER, THE OFFICE    16,001       

OF CHILD SUPPORT SHALL MAINTAIN A SEPARATE ARREARAGE ACCOUNT OF    16,002       

THAT AMOUNT FOR THE OBLIGOR.  THE OFFICE SHALL NOT DEDUCT THE      16,003       

UNPAID AMOUNT FROM ANY SUPPORT PAYMENT DUE THE OBLIGEE UNDER THE   16,004       

SUPPORT ORDER.                                                                  

      Sec. 3121.59.  A FINE IMPOSED PURSUANT TO DIVISION (B) OF    16,006       

SECTION 3121.99 OF THE REVISED CODE SHALL BE PAID TO THE OFFICE    16,008       

OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR, PURSUANT  16,009       

TO SECTION 3125.29 OF THE REVISED CODE, TO THE CHILD SUPPORT       16,010       

ENFORCEMENT AGENCY.  THE AMOUNT OF THE FINE THAT DOES NOT EXCEED   16,012       

THE AMOUNT OF ARREARAGE UNDER THE CHILD SUPPORT ORDER SHALL BE                  

DISBURSED IN ACCORDANCE WITH THE CHILD SUPPORT ORDER.  THE AMOUNT  16,013       

OF THE FINE THAT EXCEEDS THE AMOUNT OF THE ARREARAGE SHALL BE      16,015       

CONSIDERED PROGRAM INCOME AND HANDLED IN ACCORDANCE WITH SECTION                

3121.60 OF THE REVISED CODE.                                       16,016       

      Sec. 3121.60.  ALL ADMINISTRATIVE CHARGE AMOUNTS AND         16,018       

PROGRAM INCOME COLLECTED SHALL BE PLACED IN THE PROGRAM INCOME     16,020       

FUND ESTABLISHED UNDER SECTION 3121.63 OF THE REVISED CODE.        16,021       

                                                          366    


                                                                 
      Sec. 3121.63.  THE PROGRAM INCOME FUND IS HEREBY CREATED IN  16,023       

THE STATE TREASURY.  THE FUND SHALL CONSIST OF ADMINISTRATIVE      16,025       

CHARGE AMOUNTS COLLECTED UNDER SECTION 3121.56 OF THE REVISED      16,026       

CODE, PROGRAM INCOME COLLECTED UNDER SECTION 3121.59 OF THE        16,028       

REVISED CODE, AND ANY OTHER PROGRAM INCOME.  THE FUNDS SHALL BE    16,030       

USED BY THE OFFICE OF CHILD SUPPORT AND CHILD SUPPORT ENFORCEMENT  16,031       

AGENCIES FOR CHILD SUPPORT ENFORCEMENT ACTIVITIES.                 16,032       

      Sec. 3121.64.  ON RECEIPT OF ADMINISTRATIVE CHARGES UNDER    16,034       

SECTION 3121.56 OF THE REVISED CODE, THE OFFICE OF CHILD SUPPORT   16,035       

SHALL DETERMINE THE CHARGE AMOUNTS COLLECTED FROM OBLIGORS UNDER   16,037       

SUPPORT ORDERS BEING ADMINISTERED BY THE CHILD SUPPORT             16,038       

ENFORCEMENT AGENCY IN EACH COUNTY AND DISTRIBUTE QUARTERLY TO      16,039       

EACH AGENCY AN AMOUNT EQUAL TO THE CHARGES ATTRIBUTABLE TO THE     16,040       

AGENCY.                                                                         

      Sec. 3121.65.  NO ADMINISTRATIVE CHARGE AMOUNTS COLLECTED    16,043       

SHALL BE USED BY THE OFFICE OF CHILD SUPPORT OR A CHILD SUPPORT    16,044       

ENFORCEMENT AGENCY FOR ANY PURPOSE OTHER THAN THE PROVISION OF     16,045       

FUNDS FOR SUPPORT ENFORCEMENT ACTIVITIES.                                       

      Sec. 3121.67.  THE OFFICE OF CHILD SUPPORT MAY ENTER INTO    16,048       

CONTRACTS WITH PUBLIC ENTITIES OR PRIVATE VENDORS FOR THE          16,049       

COLLECTION OF AMOUNTS DUE UNDER SUPPORT ORDERS OR FOR THE          16,050       

PERFORMANCE OF OTHER ADMINISTRATIVE DUTIES OF THE OFFICE.  THE     16,051       

OFFICE MAY CONTRACT WITH A PUBLIC OR PRIVATE ENTITY FOR THE        16,052       

COLLECTION OF ARREARAGES OWED UNDER ANY CHILD SUPPORT ORDER FOR    16,054       

WHICH A COURT OR A CHILD SUPPORT ENFORCEMENT AGENCY HAS FOUND THE               

OBLIGOR IN DEFAULT PURSUANT TO A FINAL AND ENFORCEABLE ORDER       16,055       

ISSUED PURSUANT TO SECTIONS 3123.02 TO 3123.071 OF THE REVISED     16,057       

CODE.  EACH CONTRACT SHALL COMPLY WITH THE RULES ADOPTED PURSUANT  16,060       

TO SECTION 3121.71 OF THE REVISED CODE.                                         

      Sec. 3121.69.  IN ORDER TO COMPLY WITH ITS COLLECTION AND    16,062       

DISBURSEMENT RESPONSIBILITIES, THE OFFICE OF CHILD SUPPORT MAY     16,063       

REQUIRE THE DIRECTOR OF EACH CHILD SUPPORT ENFORCEMENT AGENCY TO   16,065       

AUTHORIZE THE OFFICE TO USE THAT DIRECTOR'S FACSIMILE SIGNATURE    16,066       

IF THE OFFICE DETERMINES THE SIGNATURE'S USE IS NECESSARY.  AN                  

                                                          367    


                                                                 
AGENCY DIRECTOR SHALL NOT BE SUBJECT TO CIVIL OR CRIMINAL          16,067       

LIABILITY FOR ANY DAMAGE OR INJURY TO PERSONS OR PROPERTY THAT     16,068       

RESULT FROM THE USE OF THE FACSIMILE SIGNATURE BY THE STATE.       16,069       

      Sec. 3121.71.  THE DEPARTMENT OF HUMAN SERVICES, PURSUANT    16,072       

TO CHAPTER 119. OF THE REVISED CODE, SHALL ADOPT RULES THAT DO     16,073       

ALL OF THE FOLLOWING:                                              16,074       

      (A)  GOVERN COLLECTION AND DISBURSEMENT OF CHILD SUPPORT     16,076       

AMOUNTS IN COMPLIANCE WITH TITLE IV-D OF THE "SOCIAL SECURITY      16,079       

ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651 ET SEQ., AS AMENDED,     16,080       

AND ANY REGULATIONS ADOPTED UNDER THE ACT;                         16,081       

      (B)  GOVERN THE METHOD OF SENDING ADMINISTRATIVE CHARGE      16,083       

AMOUNTS TO CHILD SUPPORT ENFORCEMENT AGENCIES;                     16,085       

      (C)  ASSIST IN THE IMPLEMENTATION OF SEPARATE ACCOUNTS FOR   16,087       

SUPPORT PAYMENTS RECEIVED BY THE DIVISION;                         16,088       

      (D)  GOVERN THE PROCESS OF ENTERING INTO AND THE PROVISIONS  16,091       

OF CONTRACTS DESCRIBED IN SECTION 3121.67 OF THE REVISED CODE.     16,092       

      Sec. 3121.74.  THE OFFICE OF CHILD SUPPORT IN THE            16,094       

DEPARTMENT OF HUMAN SERVICES SHALL ENTER INTO AN ACCOUNT           16,096       

INFORMATION ACCESS AGREEMENT WITH AT LEAST ONE FINANCIAL           16,097       

INSTITUTION DOING BUSINESS IN THIS STATE.  THE AGREEMENT SHALL     16,098       

PROVIDE THE OFFICE ACCESS TO ACCOUNT INFORMATION SPECIFIED IN      16,099       

THIS SECTION FOR THE PURPOSES OF ESTABLISHING, MODIFYING, OR       16,101       

ENFORCING SUPPORT ORDERS.  THE AGREEMENT SHALL SPECIFY THE MANNER  16,102       

IN WHICH THE INFORMATION IS TO BE PROVIDED AND SHALL REQUIRE THAT  16,103       

THE OFFICE BE AFFORDED ACCESS TO THE FOLLOWING INFORMATION EACH    16,104       

CALENDAR QUARTER CONCERNING ALL OBLIGORS IN DEFAULT UNDER SUPPORT  16,105       

ORDERS BEING ADMINISTERED BY CHILD SUPPORT ENFORCEMENT AGENCIES    16,106       

IN THIS STATE WHO MAINTAIN AN ACCOUNT WITH THE FINANCIAL           16,107       

INSTITUTION:                                                                    

      (A)  THE OBLIGOR'S NAME;                                     16,109       

      (B)  THE OBLIGOR'S ADDRESS;                                  16,111       

      (C)  THE OBLIGOR'S SOCIAL SECURITY NUMBER OR TAXPAYER        16,113       

IDENTIFICATION NUMBER;                                             16,114       

      (D)  THE TYPE OF ACCOUNT MAINTAINED BY THE OBLIGOR, SUCH AS  16,116       

                                                          368    


                                                                 
A SAVINGS, CHECKING, OR MONEY MARKET MUTUAL FUND ACCOUNT;          16,117       

      (E)  WHETHER ANOTHER PERSON HAS AN OWNERSHIP INTEREST IN     16,119       

THE ACCOUNT, INCLUDING A LIST OF ALL PERSONS HAVING AN OWNERSHIP   16,120       

INTEREST IN THE ACCOUNT AS REFLECTED ON THE SIGNATURE CARD OR      16,121       

SIMILAR DOCUMENT ON FILE WITH THE FINANCIAL INSTITUTION;           16,122       

      (F)  ANY OTHER INFORMATION AGREED TO BY THE PARTIES.         16,124       

      Sec. 3121.75.  A FINANCIAL INSTITUTION THAT RESPONDS TO A    16,127       

REQUEST OR PROVIDES INFORMATION TO THE OFFICE OF CHILD SUPPORT     16,128       

PURSUANT TO AN ACCOUNT INFORMATION ACCESS AGREEMENT SHALL BE       16,129       

REIMBURSED FOR THE ACTUAL, REASONABLE COSTS INCURRED IN            16,131       

RESPONDING TO THE REQUEST OR PROVIDING THE INFORMATION, INCLUDING  16,132       

SALARIES, BENEFITS, EQUIPMENT, COMPUTER SOFTWARE, AND ANY          16,133       

MODIFICATIONS TO PROCESSING OR RECORD-KEEPING SYSTEMS MADE                      

NECESSARY BY THIS SECTION.                                         16,134       

      Sec. 3121.76.  INFORMATION OBTAINED FROM A FINANCIAL         16,137       

INSTITUTION PURSUANT TO AN ACCOUNT INFORMATION ACCESS AGREEMENT    16,138       

IS NOT A PUBLIC RECORD FOR THE PURPOSES OF SECTION 149.43 OF THE   16,140       

REVISED CODE.  NO PERSON OR GOVERNMENT ENTITY THAT OBTAINS         16,142       

INFORMATION CONCERNING AN ACCOUNT HOLDER FROM A FINANCIAL          16,143       

INSTITUTION PURSUANT TO AN AGREEMENT SHALL DISCLOSE THE            16,144       

INFORMATION FOR PURPOSES OTHER THAN THE ESTABLISHMENT,             16,145       

MODIFICATION, OR ENFORCEMENT OF A SUPPORT ORDER.                                

      Sec. 3121.77.  FINANCIAL INSTITUTIONS OR THEIR OFFICERS,     16,148       

DIRECTORS, AND EMPLOYEES SHALL NOT BE SUBJECT TO CRIMINAL OR       16,149       

CIVIL LIABILITY FOR DISCLOSING OR RELEASING INFORMATION            16,150       

CONCERNING AN ACCOUNT HOLDER TO THE OFFICE OF CHILD SUPPORT        16,151       

PURSUANT TO AN ACCOUNT INFORMATION ACCESS AGREEMENT, OR FOR ANY    16,152       

OTHER ACTION TAKEN IN GOOD FAITH TO COMPLY WITH AN ACCOUNT         16,154       

INFORMATION ACCESS AGREEMENT, REGARDLESS OF WHETHER THE ACTION                  

WAS SPECIFICALLY AUTHORIZED OR DESCRIBED IN THE AGREEMENT.         16,155       

      Sec. 3121.78.  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT  16,158       

RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE THAT DO THE     16,161       

FOLLOWING:                                                                      

      (A)  GOVERN THE PROVISIONS OF AN AGREEMENT REQUIRED          16,163       

                                                          369    


                                                                 
PURSUANT TO SECTION 3121.74 OF THE REVISED CODE AND THE PROCEDURE  16,165       

FOR ENTERING INTO AN AGREEMENT;                                    16,166       

      (B)  GOVERN REIMBURSEMENTS UNDER SECTION 3121.75 OF THE      16,169       

REVISED CODE.                                                                   

      Sec. 3121.81.  THE OFFICE OF CHILD SUPPORT IN THE            16,172       

DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH AND MAINTAIN A CASE   16,173       

REGISTRY OF ALL SUPPORT ORDERS BEING ADMINISTERED OR OTHERWISE     16,174       

HANDLED BY A CHILD SUPPORT ENFORCEMENT AGENCY.                     16,175       

      Sec. 3121.82.  THE CASE REGISTRY SHALL INCLUDE ALL OF THE    16,177       

FOLLOWING INFORMATION:                                             16,178       

      (A)  THE NAME, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE      16,180       

NUMBER, OTHER IDENTIFICATION NUMBER, RESIDENCE TELEPHONE NUMBER,   16,181       

AND DATE OF BIRTH OF EACH OBLIGOR AND OBLIGEE UNDER A SUPPORT      16,182       

ORDER;                                                             16,183       

      (B)  PAYMENT INFORMATION INCLUDING THE PERIODIC SUPPORT      16,185       

AMOUNT DUE, ARREARAGES, PENALTIES FOR LATE PAYMENT, FEES, AMOUNTS  16,187       

COLLECTED, AND AMOUNTS DISTRIBUTED UNDER A SUPPORT ORDER;          16,188       

      (C)  LIENS IMPOSED ON REAL AND PERSONAL PROPERTY TO RECOVER  16,191       

ARREARAGES UNDER A SUPPORT ORDER;                                               

      (D)  WITH RESPECT TO A CHILD SUPPORT ORDER, THE NAME AND     16,193       

BIRTHDATE OF EACH CHILD SUBJECT TO THE ORDER;                      16,194       

      (E)  INFORMATION OBTAINED PURSUANT TO AN AGREEMENT UNDER     16,196       

SECTION 3121.74 OF THE REVISED CODE;                               16,197       

      (F)  ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT OF     16,199       

HUMAN SERVICES PURSUANT TO RULES ADOPTED UNDER SECTION 3121.86 OF  16,201       

THE REVISED CODE.                                                               

      Sec. 3121.83.  THE CASE REGISTRY SHALL BE MAINTAINED AS      16,204       

PART OF THE AUTOMATED SYSTEM CREATED PURSUANT TO SECTION 3125.07   16,205       

OF THE REVISED CODE AND SHALL BE ACCESSED THROUGH THE SYSTEM.      16,207       

THE OFFICE OF CHILD SUPPORT AND EACH CHILD SUPPORT ENFORCEMENT     16,208       

AGENCY SHALL MONITOR AND UPDATE THE REGISTRY, AND EACH AGENCY      16,209       

SHALL ENTER THE INFORMATION DESCRIBED IN SECTION 3121.82 OF THE    16,210       

REVISED CODE IN THE REGISTRY IN ACCORDANCE WITH RULES ADOPTED      16,211       

PURSUANT TO SECTION 3121.86 OF THE REVISED CODE.                   16,212       

                                                          370    


                                                                 
      Sec. 3121.84.  (A)  THE OFFICE OF CHILD SUPPORT SHALL MAKE   16,214       

COMPARISONS OF THE INFORMATION IN THE CASE REGISTRY WITH THE       16,216       

INFORMATION MAINTAINED BY THE DEPARTMENT OF HUMAN SERVICES         16,217       

PURSUANT TO SECTIONS 3111.64 AND 3121.894 OF THE REVISED CODE.     16,219       

THE OFFICE SHALL MAKE THE COMPARISONS IN THE MANNER AND IN THE     16,220       

TIME INTERVALS REQUIRED BY THE RULES ADOPTED PURSUANT TO SECTION   16,222       

3121.86 OF THE REVISED CODE.  THE OFFICE SHALL MAKE REPORTS OF     16,223       

INFORMATION IN THE REGISTRY TO OTHER ENTITIES OF THE STATE, THE    16,224       

FEDERAL GOVERNMENT, AND OTHER STATES AS REQUIRED BY THOSE RULES.   16,225       

      (B)  THE OFFICE SHALL MAKE COMPARISONS OF INFORMATION IN     16,228       

THE CASE REGISTRY WITH INFORMATION MAINTAINED BY THE DEPARTMENT    16,229       

PURSUANT TO SECTIONS 3111.64 AND 3121.894 OF THE REVISED CODE AND  16,231       

PROVIDE INFORMATION IN THE CASE REGISTRY TO OTHER ENTITIES OF THE  16,232       

STATE, THE FEDERAL GOVERNMENT, AND OTHER STATES CONSISTENT WITH    16,234       

TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42  16,236       

U.S.C. 651 ET SEQ., AS AMENDED, AND ANY FEDERAL REGULATIONS        16,238       

ADOPTED UNDER THE ACT.                                                          

      Sec. 3121.85.  EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL   16,240       

ENTER INFORMATION INTO THE CASE REGISTRY AND MAINTAIN AND UPDATE   16,242       

THAT INFORMATION CONSISTENT WITH TITLE IV-D OF THE "SOCIAL         16,243       

SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651 ET SEQ., AS     16,245       

AMENDED AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE ACT.  THE    16,246       

OFFICE OF CHILD SUPPORT AND EACH CHILD SUPPORT ENFORCEMENT AGENCY  16,247       

SHALL MONITOR THE REGISTRY CONSISTENT WITH TITLE IV-D OF THE       16,249       

"SOCIAL SECURITY ACT," AS AMENDED, AND ANY FEDERAL REGULATIONS     16,250       

ADOPTED UNDER THE ACT.                                                          

      Sec. 3121.86.  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT  16,253       

RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT DO  16,255       

BOTH OF THE FOLLOWING:                                             16,256       

      (A)  ESTABLISH PROCEDURES GOVERNING ACTIONS REQUIRED BY      16,258       

SECTIONS 3121.84 AND 3121.85 OF THE REVISED CODE;                  16,259       

      (B)  DESIGNATE ANY ADDITIONAL INFORMATION THAT MUST BE       16,261       

PLACED IN THE CASE REGISTRY CONSISTENT WITH TITLE IV-D OF THE      16,264       

"SOCIAL SECURITY ACT," 42 U.S.C. 651 ET SEQ., AS AMENDED, AND ANY  16,265       

                                                          371    


                                                                 
FEDERAL REGULATIONS ADOPTED UNDER THE ACT.                         16,266       

      Sec. 3121.89.  AS USED IN SECTIONS 3121.891 TO 3121.8911 OF  16,268       

THE REVISED CODE:                                                  16,269       

      (A)  "EMPLOYEE" DOES NOT INCLUDE AN INDIVIDUAL PERFORMING    16,271       

INTELLIGENCE OR COUNTERINTELLIGENCE FUNCTIONS FOR A STATE AGENCY,  16,273       

IF THE HEAD OF THE AGENCY HAS DETERMINED THAT REPORTING PURSUANT   16,274       

TO THIS SECTION COULD ENDANGER THE SAFETY OF THE EMPLOYEE OR       16,275       

COMPROMISE AN ONGOING INVESTIGATION OR INTELLIGENCE MISSION.       16,276       

      (B)  "EMPLOYER" MEANS ANY PERSON OR GOVERNMENTAL ENTITY      16,279       

OTHER THAN THE FEDERAL GOVERNMENT FOR WHICH AN INDIVIDUAL          16,280       

PERFORMS ANY SERVICE, OF WHATEVER NATURE, AS THE EMPLOYEE OF SUCH  16,281       

PERSON, EXCEPT THAT:                                               16,282       

      (1)  IF THE PERSON FOR WHOM THE INDIVIDUAL PERFORMS          16,284       

SERVICES DOES NOT HAVE CONTROL OF THE PAYMENT OF COMPENSATION FOR  16,286       

THE SERVICES, "EMPLOYER" MEANS THE PERSON HAVING CONTROL OF THE    16,287       

PAYMENT OF THE COMPENSATION.                                                    

      (2)  IN THE CASE OF A PERSON PAYING COMPENSATION ON BEHALF   16,289       

OF A NONRESIDENT ALIEN INDIVIDUAL, FOREIGN PARTNERSHIP, OR         16,290       

FOREIGN CORPORATION NOT ENGAGED IN TRADE OR BUSINESS WITHIN THE    16,291       

UNITED STATES, "EMPLOYER" MEANS THE PERSON PAYING THE              16,292       

COMPENSATION.                                                                   

      Sec. 3121.891.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF   16,295       

THIS SECTION, EVERY EMPLOYER SHALL REPORT TO THE DEPARTMENT OF     16,296       

HUMAN SERVICES THE HIRING, REHIRING, OR RETURN TO WORK AS AN       16,297       

EMPLOYEE OF A PERSON WHO RESIDES, WORKS, OR WILL BE ASSIGNED TO    16,298       

WORK IN THIS STATE TO WHOM THE EMPLOYER ANTICIPATES PAYING         16,299       

COMPENSATION.                                                                   

      (B)  AN EMPLOYER WITH EMPLOYEES IN TWO OR MORE STATES THAT   16,302       

TRANSMITS REPORTS MAGNETICALLY OR ELECTRONICALLY MAY MAKE THE      16,303       

REPORT TO ANOTHER STATE IF THE EMPLOYER DOES BOTH OF THE           16,304       

FOLLOWING:                                                                      

      (1)  NOTIFIES THE OHIO DEPARTMENT OF HUMAN SERVICES AND THE  16,307       

UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES IN WRITING    16,309       

THAT THE EMPLOYER HAS DESIGNATED ANOTHER STATE AS THE STATE TO                  

                                                          372    


                                                                 
WHICH THE EMPLOYER WILL TRANSMIT THE REPORT;                       16,311       

      (2)  TRANSMITS THE REPORT TO THAT STATE IN COMPLIANCE WITH   16,314       

FEDERAL LAW.                                                                    

      Sec. 3121.892.  AN EMPLOYER SHALL INCLUDE ALL OF THE         16,316       

FOLLOWING IN EACH REPORT:                                          16,317       

      (A)  THE EMPLOYEE'S NAME, ADDRESS, DATE OF BIRTH, SOCIAL     16,320       

SECURITY NUMBER, AND DATE OF HIRE, REHIRE, OR RETURN TO WORK;      16,321       

      (B)  THE EMPLOYER'S NAME, ADDRESS, AND IDENTIFICATION        16,323       

NUMBER.                                                                         

      Sec. 3121.893.  AN EMPLOYER MAY MAKE A REPORT BY SUBMITTING  16,325       

A COPY OF THE UNITED STATES INTERNAL REVENUE SERVICE FORM W-4      16,326       

(EMPLOYEE'S WITHHOLDING ALLOWANCE CERTIFICATE) FOR THE EMPLOYEE,   16,327       

A FORM PROVIDED BY THE DEPARTMENT OF HUMAN SERVICES, OR ANY OTHER  16,328       

HIRING DOCUMENT OR DATA STORAGE DEVICE OR MECHANISM THE            16,331       

DEPARTMENT AUTHORIZES.  AN EMPLOYER MAY MAKE THE REPORT BY MAIL,   16,332       

FAX, MAGNETIC OR ELECTRONIC MEANS, OR OTHER MEANS THE DEPARTMENT   16,333       

AUTHORIZES.  IF AN EMPLOYER MAKES A REPORT BY MAIL, THE DATE OF    16,334       

MAKING THE REPORT IS THE POSTMARK DATE IF THE REPORT IS MAILED IN  16,335       

THE UNITED STATES WITH FIRST CLASS POSTAGE AND IS ADDRESSED AS     16,336       

THE DEPARTMENT AUTHORIZES.  AN EMPLOYER SHALL MAKE THE REPORT NOT  16,337       

LATER THAN TWENTY DAYS AFTER THE DATE ON WHICH THE EMPLOYER HIRES  16,339       

OR REHIRES AN EMPLOYEE OR THE EMPLOYEE RETURNS TO WORK.            16,340       

      Sec. 3121.894.  THE DEPARTMENT OF HUMAN SERVICES SHALL,      16,342       

WITHIN FIVE DAYS OF RECEIPT FROM AN EMPLOYER, ENTER THE            16,343       

INFORMATION DESCRIBED IN SECTION 3121.892 OF THE REVISED CODE      16,345       

INTO THE NEW HIRES DIRECTORY, WHICH SHALL BE PART OF OR            16,346       

ACCESSIBLE TO THE AUTOMATED DATA PROCESSING SYSTEM REQUIRED        16,347       

PURSUANT TO SECTION 3125.07 OF THE REVISED CODE.                   16,349       

      Sec. 3121.895.  THE DEPARTMENT OF HUMAN SERVICES SHALL MAKE  16,351       

COMPARISONS OF THE SOCIAL SECURITY NUMBERS OBTAINED PURSUANT TO    16,352       

THIS SECTION AND THE SOCIAL SECURITY NUMBERS APPEARING IN THE      16,353       

CASE REGISTRY MAINTAINED PURSUANT TO SECTIONS 3121.81 TO 3121.86   16,355       

OF THE REVISED CODE.  NOT LATER THAN THE BUSINESS DAY AFTER        16,357       

INFORMATION IS ENTERED INTO THE DIRECTORY, IF THE COMPARISON       16,358       

                                                          373    


                                                                 
CONDUCTED BY THE DEPARTMENT RESULTS IN A MATCH, THE DEPARTMENT     16,360       

SHALL NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING    16,361       

THE SUPPORT ORDER.                                                              

      Sec. 3121.896.  NOT LATER THAN THE BUSINESS DAY AFTER        16,363       

RECEIPT OF THE NOTICE, THE CHILD SUPPORT ENFORCEMENT AGENCY        16,365       

ADMINISTERING THE SUPPORT ORDER SHALL SEND A WITHHOLDING NOTICE    16,366       

TO THE EMPLOYER PURSUANT TO SECTION 3121.03 OF THE REVISED CODE,   16,367       

UNLESS THE EMPLOYEE'S INCOME IS NOT SUBJECT TO WITHHOLDING, AND    16,368       

SHALL TAKE ANY OTHER APPROPRIATE ACTION UNDER CHAPTERS 3119.,      16,369       

3121., 3123., AND 3125. OF THE REVISED CODE.                       16,371       

      Sec. 3121.897.  WITHIN THREE BUSINESS DAYS AFTER             16,373       

INFORMATION IS ENTERED INTO THE NEW HIRES DIRECTORY, THE           16,374       

DEPARTMENT OF HUMAN SERVICES SHALL FURNISH THE INFORMATION TO THE  16,375       

NATIONAL DIRECTORY OF NEW HIRES.  THE BUREAU OF EMPLOYMENT         16,377       

SERVICES SHALL FURNISH TO THE NATIONAL DIRECTORY OF NEW HIRES ON   16,378       

A QUARTERLY BASIS SUCH INFORMATION CONTAINED IN THE RECORDS OF     16,379       

THE BUREAU OF EMPLOYMENT SERVICES AS IS REQUIRED BY STATE AND                   

FEDERAL LAW.                                                       16,380       

      Sec. 3121.898.  THE DEPARTMENT OF HUMAN SERVICES SHALL USE   16,382       

THE REPORTS IT RECEIVES TO LOCATE INDIVIDUALS FOR THE PURPOSES OF  16,385       

ESTABLISHING PATERNITY; FOR ESTABLISHING, MODIFYING, AND                        

ENFORCING SUPPORT ORDERS BEING ADMINISTERED BY CHILD SUPPORT       16,386       

ENFORCEMENT AGENCIES IN THIS STATE; AND TO DETECT FRAUD IN ANY     16,388       

PROGRAM ADMINISTERED BY THE DEPARTMENT.                            16,389       

      Sec. 3121.899.  THE REPORTS SHALL NOT BE CONSIDERED PUBLIC   16,391       

RECORDS FOR PURPOSES OF SECTION 149.43 OF THE REVISED CODE.  THE   16,393       

DEPARTMENT OF HUMAN SERVICES MAY ADOPT RULES UNDER SECTION         16,394       

3125.51 OF THE REVISED CODE GOVERNING ACCESS TO, AND USE AND       16,397       

DISCLOSURE OF, INFORMATION CONTAINED IN THE REPORTS.  THE          16,398       

DEPARTMENT MAY DISCLOSE INFORMATION IN THE REPORTS TO ANY AGENT    16,399       

OF THE DEPARTMENT OR CHILD SUPPORT ENFORCEMENT AGENCY THAT IS      16,400       

UNDER CONTRACT WITH THE DEPARTMENT FOR THE PURPOSES LISTED IN                   

SECTION 3121.898 OF THE REVISED CODE.  THE DEPARTMENT MAY SUBMIT   16,402       

TO THE BUREAU OF WORKERS' COMPENSATION OR THE BUREAU OF            16,403       

                                                          374    


                                                                 
EMPLOYMENT SERVICES A COPY OF ANY REPORT IT RECEIVES.              16,404       

      Sec. 3121.8910.  AN EMPLOYER THAT FAILS TO MAKE A REPORT     16,406       

SHALL BE REQUIRED BY THE DEPARTMENT OF HUMAN SERVICES TO PAY A     16,407       

FEE OF NOT MORE THAN TWENTY-FIVE DOLLARS FOR EACH FAILURE TO MAKE  16,408       

A REPORT.                                                          16,409       

      IF THE FAILURE TO MAKE A REPORT IS THE RESULT OF A           16,411       

CONSPIRACY BETWEEN THE EMPLOYER AND THE EMPLOYEE NOT TO SUPPLY     16,412       

THE REPORT OR TO SUPPLY A FALSE OR INCOMPLETE REPORT, THE          16,413       

DEPARTMENT SHALL REQUIRE THE EMPLOYER TO PAY A FEE OF NOT MORE     16,415       

THAN FIVE HUNDRED DOLLARS FOR EACH SUCH FAILURE.                   16,416       

      Sec. 3121.8911.  THE DEPARTMENT OF HUMAN SERVICES SHALL      16,418       

ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE    16,419       

TO IMPLEMENT SECTIONS 3121.89 TO 3121.8910 OF THE REVISED CODE.    16,421       

      Sec. 5101.318 3121.91.  The department OF HUMAN SERVICES     16,424       

may request the assistance of other states in enforcing support    16,425       

orders issued by the courts and child support enforcement          16,426       

agencies of this state consistent with section 466(a) TITLE IV-D   16,428       

of the "Social Security Act," as amended by the "Personal          16,430       

Responsibility and Work Opportunity Reconciliation Act of 1996,"   16,431       

110 88 Stat. 2105 2351 (1975), 42 U.S.C. 666(a) 651 ET SEQ., AS    16,433       

AMENDED.  The department, when enforcing, WHEN SUPPORT ORDERS      16,435       

ISSUED IN OTHER STATES ARE BEING ENFORCED IN THIS STATE pursuant   16,436       

to Chapters 2301., 3113., 3115., and 5101. 3119., 3121., 3123.,    16,438       

AND 3125. of the Revised Code, support orders issued in other      16,440       

states THE FOLLOWING SHALL APPLY:                                               

      (A)  THE DEPARTMENT shall use the forms required pursuant    16,443       

to sections 452(a) and 454(9) TITLE IV-D of the "Social Security   16,445       

Act," as amended by the "Personal Responsibility and Work          16,446       

Opportunity Reconciliation Act of 1996," 110 88 Stat. 2105 2351    16,447       

(1975), 42 U.S.C. 652(a) and 654(9) 651 ET SEQ., AS AMENDED.       16,448       

      (B)  EXCEPT AS PROVIDED BY CHAPTER 3115. OF THE REVISED      16,450       

CODE, A SUPPORT ORDER ISSUED IN A STATE OTHER THAN THIS STATE      16,451       

THAT IS BEING ADMINISTRATIVELY ENFORCED IN THIS STATE PURSUANT TO  16,452       

42 U.S.C. 666(a)(14)(A) SHALL NOT BE CONSIDERED TO BE TRANSFERRED  16,454       

                                                          375    


                                                                 
TO THE CASELOAD OF ANY CHILD SUPPORT ENFORCEMENT AGENCY OF THIS    16,455       

STATE OR TO THE DEPARTMENT.                                                     

      THE DEPARTMENT SHALL MAINTAIN RECORDS OF THE NUMBER OF       16,457       

REQUESTS FOR ASSISTANCE RECEIVED IN THIS STATE FOR ENFORCEMENT OF  16,459       

SUPPORT CASES ISSUED BY OTHER STATES, THE NUMBER OF SUPPORT CASES               

ISSUED BY ANOTHER STATE UNDER WHICH SUPPORT WAS ACTUALLY           16,460       

COLLECTED IN THIS STATE, AND THE AMOUNT OF SUPPORT COLLECTED.      16,461       

      Sec. 5101.316 3121.92.  The department of human services     16,470       

may enter into an agreement with a foreign country for the         16,472       

establishment of and enforcement of support orders issued under    16,473       

the laws of that country if that country, as part of the           16,474       

agreement, agrees to enforce support orders issued under the laws  16,475       

of this state.  The department must provide services under the     16,476       

program of support enforcement established pursuant to this        16,477       

section to a foreign country with which the department has an      16,478       

agreement under this section and to a foreign country declared to  16,479       

be a foreign reciprocating country under section 459A TITLE IV-D   16,481       

of the "Social Security Act," as amended by the "Personal          16,485       

Responsibility and Work Opportunity Reconciliation Act of 1996,"   16,487       

110 88 Stat. 2105 2351 (1975), 42 U.S.C. 659A 651 ET SEQ., AS      16,489       

AMENDED, that requests the services.  The department shall         16,490       

provide the services without imposing an application fee or any    16,491       

other cost on the foreign country or the obligee requesting the    16,492       

services.  The department may impose the application fee or other  16,493       

costs on the obligor under the support order.  The department      16,494       

shall adopt rules pursuant to Chapter 119. of the Revised Code     16,497       

governing the procedure for entering into a contract pursuant to   16,498       

this section, the provisions of the contract, and the provision    16,499       

of support enforcement services, which rules shall be consistent   16,500       

with sections 454 and 459A TITLE IV-D of the "Social Security      16,503       

Act," as amended by the "Personal Responsibility and Work          16,504       

Opportunity Reconciliation Act of 1996," 110 88 Stat. 2105 2351    16,506       

(1975), 42 U.S.C. 654 and 659A 651 ET SEQ., AS AMENDED, and        16,507       

regulations adopted under the act.                                 16,508       

                                                          376    


                                                                 
      Sec. 3121.99.  (A)  WHOEVER VIOLATES SECTION 3121.76 OF THE  16,510       

REVISED CODE SHALL BE FINED NO MORE THAN FIVE HUNDRED DOLLARS, OR  16,512       

IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH.                      16,513       

      (B)  AN OBLIGOR WHO VIOLATES SECTION 3121.036 OR 3121.24 OF  16,516       

THE REVISED CODE SHALL BE FINED NOT MORE THAN FIFTY DOLLARS FOR A  16,517       

FIRST OFFENSE, NOT MORE THAN ONE HUNDRED DOLLARS FOR A SECOND      16,518       

OFFENSE, AND NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH           16,519       

SUBSEQUENT OFFENSE.                                                             

      (C)  AN EMPLOYER THAT VIOLATES SECTION 3121.39 OF THE        16,522       

REVISED CODE WITH RESPECT TO A COURT SUPPORT ORDER MAY BE FINED    16,523       

NOT MORE THAN FIVE HUNDRED DOLLARS.                                             

      Sec. 3123.01.  AS USED IN THIS CHAPTER:                      16,525       

      (A)  "COURT SUPPORT ORDER" MEANS EITHER A COURT CHILD        16,527       

SUPPORT ORDER OR AN ORDER FOR THE SUPPORT OF A SPOUSE ISSUED       16,528       

PURSUANT TO CHAPTER 3115. OF THE REVISED CODE, SECTION 3105.18,    16,530       

3113.31, OR 3123.07 OF THE REVISED CODE, OR DIVISION (B) OF        16,531       

FORMER SECTION 3113.21 OF THE REVISED CODE.                        16,532       

      (B)  "DEFAULT" MEANS ANY FAILURE TO PAY UNDER A SUPPORT      16,534       

ORDER THAT IS AN AMOUNT GREATER THAN OR EQUAL TO THE AMOUNT OF     16,535       

SUPPORT PAYABLE UNDER THE SUPPORT ORDER FOR ONE MONTH.             16,536       

      (C)  "FINANCIAL INSTITUTION" MEANS A BANK, SAVINGS AND LOAN  16,538       

ASSOCIATION, OR CREDIT UNION, OR A REGULATED INVESTMENT COMPANY    16,539       

OR MUTUAL FUND.                                                    16,540       

      (D)  "PAYOR" MEANS ANY PERSON OR ENTITY THAT PAYS OR         16,542       

DISTRIBUTES INCOME TO AN OBLIGOR, INCLUDING AN OBLIGOR IF THE      16,543       

OBLIGOR IS SELF-EMPLOYED; AN EMPLOYER; AN EMPLOYER PAYING AN       16,545       

OBLIGOR'S WORKERS' COMPENSATION BENEFITS; THE PUBLIC EMPLOYEES     16,546       

RETIREMENT BOARD; THE GOVERNING ENTITY OF A MUNICIPAL RETIREMENT   16,547       

SYSTEM; THE BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S          16,548       

DISABILITY AND PENSION FUND; THE STATE TEACHERS RETIREMENT BOARD;  16,549       

THE SCHOOL EMPLOYEES RETIREMENT BOARD; THE STATE HIGHWAY PATROL    16,550       

RETIREMENT BOARD; THE BUREAU OF WORKERS' COMPENSATION; OR ANY      16,551       

OTHER PERSON OR ENTITY OTHER THAN THE BUREAU OF EMPLOYMENT         16,552       

SERVICES WITH RESPECT TO UNEMPLOYMENT COMPENSATION BENEFITS PAID   16,553       

                                                          377    


                                                                 
PURSUANT TO CHAPTER 4141. OF THE REVISED CODE.                     16,554       

      (E)  "PERSONAL EARNINGS" MEANS COMPENSATION PAID OR PAYABLE  16,557       

FOR PERSONAL SERVICES, HOWEVER DENOMINATED, AND INCLUDES WAGES,    16,558       

SALARY, COMMISSIONS, BONUSES, DRAWS AGAINST COMMISSIONS, PROFIT    16,559       

SHARING, VACATION PAY, OR ANY OTHER COMPENSATION.                  16,560       

      (F)  "SUPPORT ORDER" MEANS EITHER AN ADMINISTRATIVE CHILD    16,562       

SUPPORT ORDER OR A COURT SUPPORT ORDER.                            16,563       

      Sec. 3123.02.  IMMEDIATELY AFTER IDENTIFICATION OF A         16,566       

DEFAULT UNDER A SUPPORT ORDER, THE CHILD SUPPORT ENFORCEMENT       16,567       

AGENCY SHALL CONDUCT AN INVESTIGATION TO DETERMINE THE EMPLOYMENT  16,568       

STATUS OF THE OBLIGOR, THE OBLIGOR'S SOCIAL SECURITY NUMBER, THE   16,569       

NAME AND BUSINESS ADDRESS OF THE OBLIGOR'S EMPLOYER, WHETHER THE   16,570       

OBLIGOR IS IN DEFAULT UNDER A SUPPORT ORDER, THE AMOUNT OF ANY     16,571       

ARREARAGES, AND ANY OTHER INFORMATION NECESSARY TO ENABLE THE      16,572       

COURT OR AGENCY TO IMPOSE ANY WITHHOLDING OR DEDUCTION             16,573       

REQUIREMENTS AND ISSUE THE RELATED NOTICES DESCRIBED IN SECTION    16,574       

3121.03 OF THE REVISED CODE OR TO ISSUE ANY COURT ORDERS           16,576       

DESCRIBED IN DIVISION (C) OR (D) OF SECTION 3121.03 OF THE         16,577       

REVISED CODE.  THE AGENCY SHALL ALSO CONDUCT AN INVESTIGATION      16,578       

UNDER THIS DIVISION WHEN REQUIRED BY SECTION 3119.80 OR 3119.81    16,579       

OF THE REVISED CODE AND SHALL COMPLETE THE INVESTIGATION WITHIN    16,580       

TWENTY DAYS AFTER THE OBLIGOR OR OBLIGEE FILES THE MOTION WITH     16,581       

THE COURT UNDER SECTION 3119.19 OF THE REVISED CODE OR THE COURT   16,583       

ORDERS THE INVESTIGATION UNDER SECTION 3119.81 OF THE REVISED      16,585       

CODE.                                                                           

      Sec. 3123.03.  (A)  AS USED IN THIS SECTION, "PERIOD OF      16,587       

DEFAULT" MEANS THE TIME PERIOD BEGINNING ON THE DATE A DEFAULT     16,588       

UNDER A SUPPORT ORDER IS IDENTIFIED AND ENDING ON THE DATE THE     16,589       

TOTAL ARREARAGE AMOUNT OWED BECAUSE OF THE DEFAULT UNDER THE       16,590       

ORDER IS PAID.                                                                  

      (B)  WITHIN FIFTEEN CALENDAR DAYS AFTER THE IDENTIFICATION   16,592       

OF A DEFAULT UNDER A SUPPORT ORDER, THE CHILD SUPPORT ENFORCEMENT  16,593       

AGENCY SHALL SEND ADVANCE NOTICE TO THE OBLIGOR IF THE DEFAULT     16,594       

OCCURS PRIOR TO THE DATE THE OFFICE OF CHILD SUPPORT IN THE        16,595       

                                                          378    


                                                                 
DEPARTMENT OF HUMAN SERVICES AUTHORIZES CENTRALIZED COLLECTION     16,596       

AND DISBURSEMENT OF SUPPORT AMOUNTS UNDER THE SUPPORT ORDER IN     16,597       

DEFAULT.  ON AND AFTER THAT DATE, THE OFFICE SHALL SEND THE        16,598       

ADVANCE NOTICE TO THE OBLIGOR.  THE AGENCY OR OFFICE, AS           16,599       

APPROPRIATE, SHALL SEND THE ADVANCE NOTICE TO THE OBLIGOR ONLY     16,600       

ONCE FOR EACH PERIOD OF DEFAULT.  THE ADVANCE NOTICE SHALL         16,601       

INCLUDE A NOTICE DESCRIBING THE ACTIONS THAT MAY BE TAKEN AGAINST  16,602       

THE OBLIGOR IF THE COURT OR AGENCY MAKES A FINAL AND ENFORCEABLE   16,604       

DETERMINATION THAT THE OBLIGOR IS IN DEFAULT.  IF THE LOCATION OF  16,605       

THE OBLIGOR IS UNKNOWN AT THE TIME OF THE IDENTIFICATION OF A      16,606       

DEFAULT UNDER THE SUPPORT ORDER, THE AGENCY OR OFFICE, AS          16,607       

APPROPRIATE, SHALL SEND THE ADVANCE NOTICE TO THE OBLIGOR WITHIN   16,608       

FIFTEEN DAYS AFTER THE AGENCY LOCATES THE OBLIGOR.                              

      (C)  AN ADVANCE NOTICE TO AN OBLIGOR REQUIRED BY THIS        16,611       

SECTION SHALL CONTAIN ALL OF THE FOLLOWING:                                     

      (1)  A STATEMENT OF THE DATE ON WHICH THE ADVANCE NOTICE IS  16,613       

SENT, A STATEMENT THAT THE OBLIGOR IS IN DEFAULT UNDER A SUPPORT   16,614       

ORDER, THE AMOUNT OF ARREARAGES OWED BY THE OBLIGOR DUE TO THE     16,615       

DEFAULT AS DETERMINED BY THE COURT OR THE CHILD SUPPORT            16,616       

ENFORCEMENT AGENCY, THE TYPES OF WITHHOLDING OR DEDUCTION          16,617       

REQUIREMENTS AND RELATED NOTICES DESCRIBED IN SECTION 3121.03 OF   16,618       

THE REVISED CODE OR THE TYPES OF COURT ORDERS DESCRIBED IN         16,620       

SECTIONS 3121.03, 3121.04 TO 3121.08, AND 3121.12 OF THE REVISED   16,621       

CODE THAT WILL BE ISSUED TO PAY SUPPORT AND ANY ARREARAGES, AND    16,623       

THE AMOUNT THAT WILL BE WITHHELD OR DEDUCTED PURSUANT TO THOSE     16,624       

REQUIREMENTS;                                                                   

      (2)  A STATEMENT THAT ANY NOTICE FOR THE WITHHOLDING OR      16,626       

DEDUCTION OF AN AMOUNT FROM INCOME OR ASSETS APPLY TO ALL CURRENT  16,628       

AND SUBSEQUENT PAYORS OF THE OBLIGOR AND FINANCIAL INSTITUTIONS    16,630       

IN WHICH THE OBLIGOR HAS AN ACCOUNT AND THAT ANY WITHHOLDING OR    16,631       

DEDUCTION REQUIREMENT AND RELATED NOTICE DESCRIBED IN SECTION      16,632       

3121.03 OF THE REVISED CODE OR ANY COURT ORDER DESCRIBED IN        16,634       

SECTIONS 3121.03, 3121.04 TO 3121.08, AND 3121.12 OF THE REVISED   16,636       

CODE THAT IS ISSUED WILL NOT BE DISCONTINUED SOLELY BECAUSE THE    16,638       

                                                          379    


                                                                 
OBLIGOR PAYS ANY ARREARAGES;                                                    

      (3)  AN EXPLANATION OF THE ADMINISTRATIVE AND COURT ACTION   16,640       

THAT WILL TAKE PLACE IF THE OBLIGOR CONTESTS THE INCLUSION OF ANY  16,641       

OF THE PROVISIONS;                                                 16,642       

      (4)  A STATEMENT THAT THE CONTENTS OF THE ADVANCE NOTICE     16,644       

ARE FINAL AND ARE ENFORCEABLE BY THE COURT UNLESS THE OBLIGOR      16,645       

FILES WITH THE CHILD SUPPORT ENFORCEMENT AGENCY, WITHIN SEVEN      16,646       

DAYS AFTER THE DATE ON WHICH THE ADVANCE NOTICE IS SENT, A         16,647       

WRITTEN REQUEST FOR AN ADMINISTRATIVE HEARING TO DETERMINE         16,648       

WHETHER A MISTAKE OF FACT WAS MADE IN THE NOTICE.                  16,649       

      Sec. 3123.031.  THE DEPARTMENT OF HUMAN SERVICES SHALL       16,651       

ADOPT STANDARD FORMS FOR THE ADVANCE NOTICE.  ALL COURTS AND       16,652       

CHILD SUPPORT ENFORCEMENT AGENCIES SHALL USE THOSE FORMS, AND THE  16,653       

SUPPORT WITHHOLDING AND DEDUCTION NOTICE FORMS ADOPTED UNDER       16,654       

SECTION 3121.0311 OF THE REVISED CODE, IN COMPLYING WITH THIS      16,655       

CHAPTER.                                                                        

      Sec. 3123.04.  IF THE OBLIGOR REQUESTS A HEARING REGARDING   16,657       

THE ADVANCE NOTICE IN ACCORDANCE WITH DIVISION (C)(4) OF SECTION   16,659       

3123.03 OF THE REVISED CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY               

SHALL CONDUCT AN ADMINISTRATIVE HEARING NO LATER THAN TEN DAYS     16,660       

AFTER THE DATE ON WHICH THE OBLIGOR FILES THE REQUEST FOR THE      16,661       

HEARING.  NO LATER THAN FIVE DAYS BEFORE THE DATE ON WHICH THE     16,662       

HEARING IS TO BE CONDUCTED, THE AGENCY SHALL SEND THE OBLIGOR AND  16,663       

THE OBLIGEE WRITTEN NOTICE OF THE DATE, TIME, PLACE, AND PURPOSE   16,664       

OF THE HEARING.  THE NOTICE TO THE OBLIGOR AND OBLIGEE ALSO SHALL  16,665       

INDICATE THAT THE OBLIGOR MAY PRESENT TESTIMONY AND EVIDENCE AT    16,666       

THE HEARING ONLY IN REGARD TO THE ISSUE OF WHETHER A MISTAKE OF    16,667       

FACT WAS MADE IN THE ADVANCE NOTICE.                               16,668       

      AT THE HEARING, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL   16,670       

DETERMINE WHETHER A MISTAKE OF FACT WAS MADE IN THE ADVANCE        16,671       

NOTICE.  IF IT DETERMINES THAT A MISTAKE OF FACT WAS MADE, THE     16,672       

AGENCY SHALL DETERMINE THE PROVISIONS THAT SHOULD BE CHANGED AND   16,673       

INCLUDED IN A CORRECTED NOTICE AND SHALL CORRECT THE ADVANCE       16,674       

NOTICE ACCORDINGLY.  THE AGENCY SHALL SEND ITS DETERMINATIONS TO   16,675       

                                                          380    


                                                                 
THE OBLIGOR.  THE AGENCY'S DETERMINATIONS ARE FINAL AND ARE        16,676       

ENFORCEABLE BY THE COURT UNLESS, WITHIN SEVEN DAYS AFTER THE       16,677       

AGENCY MAKES ITS DETERMINATIONS, THE OBLIGOR FILES A WRITTEN       16,678       

MOTION WITH THE COURT FOR A COURT HEARING TO DETERMINE WHETHER A   16,679       

MISTAKE OF FACT STILL EXISTS IN THE ADVANCE NOTICE OR CORRECTED    16,680       

ADVANCE NOTICE.                                                    16,681       

      Sec. 3123.05.  IF, WITHIN SEVEN DAYS AFTER THE AGENCY MAKES  16,683       

ITS DETERMINATIONS UNDER SECTION 3123.04 OF THE REVISED CODE, THE  16,684       

OBLIGOR FILES A WRITTEN MOTION FOR A COURT HEARING TO DETERMINE    16,685       

WHETHER A MISTAKE OF FACT STILL EXISTS IN THE ADVANCE NOTICE OR    16,686       

THE CORRECTED ADVANCE NOTICE, THE COURT SHALL HOLD A HEARING ON    16,687       

THE REQUEST AS SOON AS POSSIBLE, BUT NO LATER THAN TEN DAYS,       16,688       

AFTER THE REQUEST IS FILED.  IF THE OBLIGOR REQUESTS A COURT       16,689       

HEARING, NO LATER THAN FIVE DAYS BEFORE THE DATE ON WHICH THE      16,690       

COURT HEARING IS TO BE HELD, THE COURT SHALL SEND THE OBLIGOR AND  16,691       

THE OBLIGEE WRITTEN NOTICE BY REGULAR MAIL OF THE DATE, TIME,      16,692       

PLACE, AND PURPOSE OF THE COURT HEARING.  THE HEARING SHALL BE     16,693       

LIMITED TO A DETERMINATION OF WHETHER THERE IS A MISTAKE OF FACT   16,694       

IN THE ADVANCE NOTICE OR THE CORRECTED ADVANCE NOTICE.             16,695       

      IF, AT A HEARING CONDUCTED UNDER THIS SECTION, THE COURT     16,697       

DETECTS A MISTAKE OF FACT IN THE ADVANCE NOTICE OR THE CORRECTED   16,698       

ADVANCE NOTICE, IT SHALL IMMEDIATELY CORRECT THE NOTICE.           16,699       

      Sec. 3123.06.  ON EXHAUSTION OF ALL RIGHTS OF THE OBLIGOR    16,701       

TO CONTEST THE WITHHOLDING OR DEDUCTION ON THE BASIS OF A MISTAKE  16,702       

OF FACT AND NO LATER THAN THE EXPIRATION OF FORTY-FIVE DAYS AFTER  16,703       

THE ISSUANCE OF THE ADVANCE NOTICE UNDER SECTION 3123.03 OF THE    16,704       

REVISED CODE, THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY SHALL  16,705       

ISSUE ONE OR MORE NOTICES REQUIRING WITHHOLDING OR DEDUCTION OF    16,706       

INCOME OR ASSETS OF THE OBLIGOR IN ACCORDANCE WITH SECTION         16,708       

3121.03 OF THE REVISED CODE, OR THE COURT SHALL ISSUE ONE OR MORE  16,709       

COURT ORDERS IMPOSING OTHER APPROPRIATE REQUIREMENTS IN                         

ACCORDANCE WITH SECTIONS 3121.03, 3121.035, 3121.04 TO 3121.08,    16,710       

AND 3121.12 OF THE REVISED CODE.                                   16,711       

      Sec. 3123.061.  WHEN A SUPPORT ORDER HAS BEEN ISSUED, THE    16,713       

                                                          381    


                                                                 
CHILD SUPPORT ENFORCEMENT AGENCY SHALL INITIATE SUPPORT            16,714       

WITHHOLDING WHEN THE ORDER IS IN DEFAULT.                          16,715       

      Sec. 3123.062.  THE FAILURE OF THE COURT OR AGENCY TO GIVE   16,717       

THE NOTICE REQUIRED BY SECTION 3123.06 OF THE REVISED CODE DOES    16,718       

NOT AFFECT THE ABILITY OF ANY COURT TO ISSUE ANY NOTICE OR ORDER   16,719       

FOR THE PAYMENT OF SUPPORT, DOES NOT PROVIDE ANY DEFENSE TO ANY    16,720       

NOTICE OR ORDER FOR THE PAYMENT OF SUPPORT, AND DOES NOT AFFECT                 

ANY OBLIGATION TO PAY SUPPORT.                                     16,721       

      Sec. 3123.07.  IF AN ORDER IN DEFAULT IS A COURT SUPPORT     16,723       

ORDER ISSUED PRIOR TO DECEMBER 31, 1993, OR AN ADMINISTRATIVE      16,724       

CHILD SUPPORT ORDER, THE COURT THAT ISSUED THE ORDER, OR IN THE    16,725       

CASE OF AN ADMINISTRATIVE CHILD SUPPORT ORDER, THE COMMON PLEAS    16,726       

COURT OF THE COUNTY OF THE AGENCY THAT ISSUED THE ORDER, SHALL     16,727       

REISSUE THE ORDER AND INCLUDE IN THE REISSUED SUPPORT ORDER A      16,728       

GENERAL PROVISION AS DESCRIBED IN SECTION 3123.071 OF THE REVISED  16,729       

CODE REQUIRING THE WITHHOLDING OR DEDUCTION OF INCOME OR ASSETS    16,730       

OF THE OBLIGOR IN ACCORDANCE WITH SECTION 3121.03 OF THE REVISED   16,732       

CODE OR REQUIRING THE ISSUANCE OF A COURT ORDER CONTAINING         16,733       

ANOTHER TYPE OF APPROPRIATE REQUIREMENT IN ACCORDANCE WITH         16,734       

SECTION 3121.03, 3121.04, 3121.05, 3121.06, OR 3121.12 OF THE      16,735       

REVISED CODE TO ENSURE THAT WITHHOLDING OR DEDUCTION FROM THE      16,736       

INCOME OR ASSETS IS AVAILABLE FOR THE COLLECTION OF CURRENT        16,737       

SUPPORT AND ANY ARREARAGES THAT OCCUR.  IF THE SUPPORT WAS         16,738       

ORDERED PURSUANT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER THAT     16,740       

INCLUDES A GENERAL PROVISION SIMILAR TO THE ONE DESCRIBED IN       16,741       

SECTION 3123.071 OF THE REVISED CODE, THE COURT SHALL REPLACE THE  16,742       

SIMILAR GENERAL PROVISION WITH THE GENERAL PROVISION DESCRIBED IN  16,743       

THAT SECTION.  EXCEPT FOR THE INCLUSION OR REPLACEMENT OF THE      16,744       

GENERAL PROVISION, THE PROVISIONS OF THE REISSUED ORDER SHALL BE   16,745       

IDENTICAL TO THOSE OF THE SUPPORT ORDER UNDER WHICH THERE HAS      16,746       

BEEN A DEFAULT.                                                                 

      Sec. 3123.071.  THE GENERAL PROVISION FOR THE WITHHOLDING    16,749       

OR DEDUCTION OF INCOME OR ASSETS TO BE INCLUDED IN A REISSUED      16,750       

SUPPORT ORDER SPECIFICALLY SHALL INCLUDE THE FOLLOWING STATEMENT:  16,751       

                                                          382    


                                                                 
      "ALL SUPPORT UNDER THIS ORDER SHALL BE WITHHELD OR DEDUCTED  16,753       

FROM THE INCOME OR ASSETS OF THE OBLIGOR PURSUANT TO A             16,754       

WITHHOLDING OR DEDUCTION NOTICE OR APPROPRIATE COURT ORDER ISSUED  16,755       

IN ACCORDANCE WITH CHAPTERS 3119., 3121., 3123., AND 3125. OF THE  16,756       

REVISED CODE OR A WITHDRAWAL DIRECTIVE ISSUED PURSUANT TO          16,757       

SECTIONS 3123.24 TO 3123.38 OF THE REVISED CODE AND SHALL BE       16,758       

FORWARDED TO THE OBLIGEE IN ACCORDANCE WITH CHAPTERS 3119.,        16,759       

3121., 3123., AND 3125. OF THE REVISED CODE."                      16,760       

      Sec. 3123.10.  IF ANY OF THE FOLLOWING OCCURS, THE COURT     16,762       

SHALL NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY:                 16,763       

      (A)  THE COURT IS REQUIRED TO ISSUE A WITHHOLDING OR         16,765       

DEDUCTION NOTICE UNDER SECTION 3121.03 OF THE REVISED CODE OR TO   16,766       

ISSUE A COURT ORDER DESCRIBED IN DIVISION (C) OR (D) OF THAT       16,768       

SECTION AND FAILS TO DO SO.                                        16,769       

      (B)  THE COURT ISSUED AN ORDER UNDER DIVISION (B)(1) OF      16,771       

FORMER SECTION 3113.21 OF THE REVISED CODE, AS IT EXISTED          16,772       

IMMEDIATELY PRECEDING DECEMBER 1, 1986, OR ISSUES A WITHHOLDING    16,774       

OR DEDUCTION NOTICE UNDER SECTION 3121.03 OF THE REVISED CODE OR   16,775       

ISSUES A COURT ORDER DESCRIBED IN DIVISION (C) OR (D) OF THAT      16,776       

SECTION AND THE COURT DETERMINES THAT THE ORDER OR WITHHOLDING OR  16,777       

DEDUCTION NOTICE WILL NOT ENSURE PAYMENT OF THE SUPPORT DUE UNDER  16,778       

THE CHILD SUPPORT ORDER.                                           16,779       

      (C)  THE OBLIGOR FAILS AFTER THE ISSUANCE OF A NOTICE OR     16,781       

COURT ORDER UNDER SECTION 3121.03 OF THE REVISED CODE TO COMPLY    16,782       

WITH THE NOTICE OR COURT ORDER.                                                 

      Sec. 3123.11.  ON RECEIPT OF NOTICE UNDER SECTION 3123.10    16,784       

OF THE REVISED CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL    16,786       

NOTIFY THE OBLIGEE OF THE DEFAULT, OF THE OBLIGEE'S RIGHTS AND     16,787       

REMEDIES, AND THAT THE AGENCY IS RESPONSIBLE FOR ENFORCING         16,788       

SUPPORT ORDERS UNDER SECTION 3125.11 OF THE REVISED CODE, TITLE    16,789       

IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42        16,791       

U.S.C. 651 ET SEQ., AS AMENDED, AND CHAPTER 3125. OF THE REVISED   16,792       

CODE.  THE NOTICE SHALL CONTAIN A PRINTED EXPLANATION OF THE       16,793       

PROVISIONS OF THE REVISED CODE GOVERNING THE OBLIGEE'S RIGHTS AND               

                                                          383    


                                                                 
REMEDIES.                                                          16,794       

      Sec. 3123.12.  NO CHILD SUPPORT ENFORCEMENT AGENCY, SOLELY   16,796       

BECAUSE THE SUPPORT DUE UNDER A SUPPORT ORDER HAS NOT BEEN PAID    16,797       

OR HAS NOT BEEN PAID PERIODICALLY OR RECENTLY, SHALL CONSIDER,     16,798       

LIST, OR OTHERWISE ADMINISTER THE SUPPORT ORDER OR THE CASE        16,799       

PERTAINING TO IT AS IF EITHER WERE CLOSED OR CLOSE THE FILES OR    16,800       

THE CASE PERTAINING TO THE SUPPORT ORDER.                          16,801       

      Sec. 3123.121.  THE DEPARTMENT OF HUMAN SERVICES SHALL       16,804       

ADOPT, REVISE, OR AMEND RULES UNDER CHAPTER 119. OF THE REVISED    16,805       

CODE TO ASSIST IN THE IMPLEMENTATION OF SECTION 3123.12 OF THE     16,806       

REVISED CODE.                                                                   

      Sec. 3123.13.  NO WITHHOLDING OR DEDUCTION NOTICE OR OTHER   16,808       

APPROPRIATE ORDER DESCRIBED IN SECTION 3121.03 OF THE REVISED      16,809       

CODE AND ISSUED UNDER THE REVISED CODE SHALL BE TERMINATED SOLELY  16,811       

BECAUSE THE OBLIGOR PAYS ANY PART OR ALL OF THE ARREARAGES UNDER   16,812       

THE SUPPORT ORDER.                                                              

      Sec. 3123.14.  IF A CHILD SUPPORT ORDER IS TERMINATED FOR    16,814       

ANY REASON, THE OBLIGOR UNDER THE CHILD SUPPORT ORDER IS OR WAS    16,815       

AT ANY TIME IN DEFAULT UNDER THE SUPPORT ORDER AND, AFTER THE      16,816       

TERMINATION OF THE ORDER, THE OBLIGOR OWES AN ARREARAGE UNDER THE  16,817       

ORDER, THE OBLIGEE MAY MAKE APPLICATION TO THE CHILD SUPPORT       16,818       

ENFORCEMENT AGENCY THAT ADMINISTERED THE CHILD SUPPORT ORDER       16,819       

PRIOR TO ITS TERMINATION OR HAD AUTHORITY TO ADMINISTER THE CHILD  16,820       

SUPPORT ORDER TO MAINTAIN ANY ACTION OR PROCEEDING ON BEHALF OF    16,821       

THE OBLIGEE TO OBTAIN A JUDGMENT, EXECUTION OF A JUDGMENT THROUGH  16,823       

ANY AVAILABLE PROCEDURE, AN ORDER, OR OTHER RELIEF.  IF A          16,824       

WITHHOLDING OR DEDUCTION NOTICE IS ISSUED PURSUANT TO SECTION      16,826       

3121.03 OF THE REVISED CODE TO COLLECT AN ARREARAGE, THE AMOUNT    16,827       

WITHHELD OR DEDUCTED FROM THE OBLIGOR'S PERSONAL EARNINGS,         16,828       

INCOME, OR ACCOUNTS SHALL BE AT LEAST EQUAL TO THE AMOUNT THAT     16,829       

WAS WITHHELD OR DEDUCTED UNDER THE TERMINATED CHILD SUPPORT                     

ORDER.                                                                          

      Sec. 3123.15.  AN ACTION OR PROCEEDING ON BEHALF OF THE      16,831       

OBLIGEE SHALL BE COMMENCED BY THE AGENCY AS REQUIRED BY SECTION    16,832       

                                                          384    


                                                                 
3123.14 OF THE REVISED CODE WITHIN TWENTY DAYS AFTER COMPLETION    16,833       

OF AN APPLICATION BY THE OBLIGEE.                                  16,834       

      Sec. 2301.39 3123.16.  (A)  Any order issued under section   16,844       

2301.37 or 2301.38 3123.14 of the Revised Code shall be payable    16,846       

at least monthly.                                                               

      (B)  No employer shall discharge an employee for reason of   16,848       

any order issued under section 2301.37, 2301.38, or 3113.21 of     16,849       

the Revised Code.                                                               

      Sec. 3113.219 3123.17.  (A)  On or after July 1, 1992, when  16,859       

WHEN a court issues or modifies a COURT support order under        16,860       

Chapter 3115. or section 2151.23, 2151.231, 2151.232, 2151.33,     16,861       

2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,     16,862       

3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code or in   16,863       

any proceeding in which a court determines the amount of support   16,864       

to be paid pursuant to a support order, the court shall determine  16,865       

the date the obligor failed to pay the support required under the  16,866       

support order and the amount of support the obligor failed to      16,867       

pay.  If FOLLOWING:                                                             

      (1)  WHETHER THE OBLIGOR IS IN DEFAULT UNDER A PRIOR COURT   16,869       

SUPPORT ORDER OR THE COURT SUPPORT ORDER BEING MODIFIED;           16,870       

      (2)  IF THE OBLIGOR IS IN DEFAULT, THE DATE THE COURT        16,872       

SUPPORT ORDER WENT INTO DEFAULT AND THE AMOUNT OF SUPPORT          16,874       

ARREARAGES OWED PURSUANT TO THE DEFAULT.                                        

      IF the court determines the obligor has failed at any time   16,877       

to comply with IS IN DEFAULT UNDER a support order, the court      16,878       

shall issue a new order requiring the obligor to pay support.  If  16,879       

the court determines that the failure to pay DEFAULT was willful,  16,881       

the court shall assess interest on the ARREARAGE amount of         16,882       

support the obligor failed to pay from the date the court          16,884       

specifies as the original date the obligor failed to comply with   16,885       

the order requiring the payment of support OF DEFAULT to the date  16,886       

the court issues the new order requiring the payment of support    16,888       

and shall compute the interest at the rate specified in division   16,889       

(A) of section 1343.03 of the Revised Code.  The court shall       16,890       

                                                          385    


                                                                 
specify in the support order the amount of interest the court      16,891       

assessed against the obligor and incorporate the amount of         16,892       

interest into the new monthly payment plan.                                     

      (B)  On or after July 1, 1992, when WHEN a court issues or   16,894       

modifies a COURT support order under Chapter 3115. or section      16,895       

2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,    16,897       

3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31  16,898       

of the Revised Code or in any proceeding in which a court          16,899       

determines the amount of support to be paid pursuant to a support  16,900       

order, the court may include in the support order a statement      16,901       

ordering either party to pay the costs of the action, including,   16,902       

but not limited to, attorney's fees, fees for genetic tests in     16,903       

contested actions under sections 3111.01 to 3111.19 3111.18 of     16,904       

the Revised Code, and court costs.                                 16,905       

      Sec. 3113.2110 3123.18.  Whenever an obligor fails to make   16,914       

any payment required by a child support order, the obligee or a    16,916       

child support enforcement agency acting on behalf of the obligee   16,917       

may bring an action in the court of common pleas that issued the   16,918       

support order to obtain a judgment on the unpaid amount.  Any                   

judgment obtained under this section may be enforced in the same   16,919       

manner as any other judgment of a court of this state.             16,920       

      Sec. 3123.19.  IF CHILD SUPPORT ARREARAGES ARE OWED BY AN    16,922       

OBLIGOR TO THE OBLIGEE AND TO THE DEPARTMENT OF HUMAN SERVICES,    16,923       

ANY PAYMENTS RECEIVED ON THE ARREARAGES BY THE OFFICE OF CHILD     16,924       

SUPPORT SHALL BE PAID IN ACCORDANCE WITH TITLE IV-D OF THE         16,926       

"SOCIAL SECURITY ACT," 88  STAT. 2351, 42 U.S.C. 651 ET SEQ., AS   16,927       

AMENDED, AND RULES ADOPTED BY THE DEPARTMENT OF HUMAN SERVICES.    16,928       

      IF AN OBLIGOR IS IN DEFAULT UNDER A SUPPORT ORDER AND HAS A  16,931       

CLAIM AGAINST ANOTHER PERSON OF MORE THAN ONE THOUSAND DOLLARS,    16,932       

THE OBLIGOR SHALL NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY OF   16,933       

THE CLAIM, THE NATURE OF THE CLAIM, AND THE NAME OF THE PERSON     16,934       

AGAINST WHOM THE CLAIM EXISTS.  IF AN OBLIGOR IS IN DEFAULT UNDER  16,935       

A SUPPORT ORDER AND HAS A CLAIM AGAINST ANOTHER PERSON OR IS A     16,936       

PARTY IN AN ACTION FOR ANY JUDGMENT, THE CHILD SUPPORT             16,937       

                                                          386    


                                                                 
ENFORCEMENT AGENCY OR THE AGENCY'S ATTORNEY, ON BEHALF OF THE      16,938       

OBLIGOR, IMMEDIATELY SHALL FILE WITH THE COURT IN WHICH THE                     

ACTION IS PENDING A MOTION TO INTERVENE IN THE ACTION OR A         16,939       

CREDITOR'S BILL.  THE MOTION TO INTERVENE SHALL BE PREPARED AND    16,940       

FILED PURSUANT TO CIVIL RULES 5 AND 24(A) AND (C).                 16,942       

      NOTHING IN THIS DIVISION SHALL PRECLUDE AN OBLIGEE FROM      16,944       

FILING A MOTION TO INTERVENE IN ANY ACTION OR A CREDITOR'S BILL.   16,945       

      Sec. 3123.20.  NO EMPLOYER SHALL DISCHARGE AN EMPLOYEE FOR   16,947       

REASON OF ANY ORDER ISSUED UNDER THE REVISED CODE TO COLLECT       16,948       

SUPPORT DUE FROM THE EMPLOYEE UNDER A SUPPORT ORDER.               16,949       

      Sec. 3123.21.  A WITHHOLDING OR DEDUCTION NOTICE DESCRIBED   16,951       

IN SECTION 3121.03 OF THE REVISED CODE OR AN ORDER TO COLLECT      16,952       

CURRENT SUPPORT DUE UNDER A SUPPORT ORDER AND ANY ARREARAGE OWED   16,953       

BY THE OBLIGOR UNDER A SUPPORT ORDER PERTAINING TO THE SAME CHILD  16,954       

OR SPOUSE SHALL REQUIRE THAT THE ARREARAGE AMOUNT COLLECTED WITH                

EACH PAYMENT OF CURRENT SUPPORT EQUAL AT LEAST TWENTY PER CENT OF  16,955       

THE CURRENT SUPPORT PAYMENT UNLESS, FOR GOOD CAUSE SHOWN, A        16,956       

LESSER ARREARAGE AMOUNT IS REQUIRED TO BE COLLECTED.               16,957       

      Sec. 3123.22.  IF AN OBLIGOR IS PAYING OFF AN ARREARAGE      16,959       

OWED UNDER A SUPPORT ORDER PURSUANT TO A WITHHOLDING OR DEDUCTION  16,960       

NOTICE OR ORDER ISSUED UNDER SECTION 3121.03 OF THE REVISED CODE,  16,961       

A SUPPORT ORDER NEWLY ISSUED OR MODIFIED, OR ANY OTHER ORDER       16,963       

ISSUED TO COLLECT THE ARREARAGE, THE CHILD SUPPORT ENFORCEMENT     16,964       

AGENCY ADMINISTERING THE NOTICE OR ORDER MAY ALSO DO THE                        

FOLLOWING TO COLLECT ANY ARREARAGE AMOUNT THAT HAS NOT YET BEEN    16,965       

COLLECTED UNDER THE NOTICE OR ORDER:                               16,966       

      (A)  ISSUE ONE OR MORE WITHHOLDING OR DEDUCTION NOTICES      16,968       

UNDER SECTION 3121.03 OF THE REVISED CODE;                         16,969       

      (B)  COLLECT PURSUANT TO SECTION 3121.12 OF THE REVISED      16,971       

CODE A LUMP SUM PAYMENT OWED TO THE OBLIGOR;                       16,972       

      (C)  COLLECT PURSUANT TO SECTIONS 3123.81 TO 3123.823 OF     16,974       

THE REVISED CODE ANY FEDERAL OR STATE INCOME TAX REFUND OWED TO    16,975       

THE OBLIGOR;                                                                    

      (D)  ISSUE A WITHDRAWAL DIRECTIVE PURSUANT TO SECTIONS       16,977       

                                                          387    


                                                                 
3123.24 TO 3123.38 OF THE REVISED CODE;                            16,978       

      (E)  OBTAIN ADMINISTRATIVE OFFSET PURSUANT TO SECTION        16,980       

3123.85 OF THE REVISED CODE.                                       16,981       

      Sec. 3123.24.  FOR THE PURPOSES OF SECTIONS 3123.24 TO       16,983       

3123.38 OF THE REVISED CODE, "ACCESS RESTRICTION" MEANS THAT       16,984       

FUNDS MAY NOT BE WITHDRAWN OR TRANSFERRED.                                      

      Sec. 3123.25.  IF, AS A RESULT OF INFORMATION OBTAINED       16,987       

PURSUANT TO AN AGREEMENT UNDER SECTION 3121.74 OF THE REVISED      16,988       

CODE, THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN       16,989       

SERVICES FINDS OR RECEIVES NOTICE THAT IDENTIFIES AN OBLIGOR IN    16,990       

DEFAULT WHO MAINTAINS AN ACCOUNT WITH A FINANCIAL INSTITUTION,     16,991       

THE OFFICE SHALL, WITHIN ONE BUSINESS DAY, ENTER THE INFORMATION   16,992       

INTO THE CASE REGISTRY ESTABLISHED PURSUANT TO SECTION 3121.81 OF  16,993       

THE REVISED CODE.                                                               

      Sec. 3123.26.  A FINANCIAL INSTITUTION THAT LEARNS,          16,995       

PURSUANT TO AN AGREEMENT UNDER SECTION 3121.74 OF THE REVISED      16,997       

CODE, THAT AN OBLIGOR IN DEFAULT MAINTAINS AN ACCOUNT WITH THE     16,998       

FINANCIAL INSTITUTION SHALL PROMPTLY PLACE AN ACCESS RESTRICTION   16,999       

ON THE ACCOUNT.  THE ACCESS RESTRICTION SHALL REMAIN ON THE        17,000       

ACCOUNT UNTIL THE FINANCIAL INSTITUTION COMPLIES WITH A            17,001       

WITHDRAWAL DIRECTIVE UNDER SECTION 3123.37 OF THE REVISED CODE OR  17,002       

A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY ORDERS THE FINANCIAL   17,003       

INSTITUTION TO REMOVE THE ACCESS RESTRICTION.                      17,004       

      Sec. 3123.27.  THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL,   17,006       

NO LATER THAN FIVE BUSINESS DAYS AFTER INFORMATION IS ENTERED      17,007       

INTO THE CASE REGISTRY UNDER SECTION 3123.25 OF THE REVISED CODE,  17,008       

INVESTIGATE AND DETERMINE THE AMOUNT OF FUNDS IN THE ACCOUNT THAT  17,010       

IS AVAILABLE TO SATISFY THE OBLIGOR'S ARREARAGES UNDER A SUPPORT                

ORDER.  THE FINANCIAL INSTITUTION SHALL COOPERATE WITH THE         17,011       

AGENCY'S INVESTIGATION.                                            17,012       

      Sec. 3123.28.  IF A CHILD SUPPORT ENFORCEMENT AGENCY THAT    17,014       

COMPLETES AN ACCOUNT INVESTIGATION DOES NOT FIND THAT ANY PERSON   17,015       

OTHER THAN THE OBLIGOR HAS AN OWNERSHIP INTEREST IN THE ACCOUNT,   17,016       

IT SHALL ISSUE A WITHDRAWAL DIRECTIVE PURSUANT TO SECTION 3123.37  17,017       

                                                          388    


                                                                 
OF THE REVISED CODE.                                                            

      Sec. 3123.29.  IF A CHILD SUPPORT ENFORCEMENT AGENCY FINDS   17,019       

THAT A PERSON OTHER THAN AN OBLIGOR HAS AN OWNERSHIP INTEREST IN   17,021       

AN ACCOUNT, THE AGENCY SHALL SEND WRITTEN NOTICE BY FIRST-CLASS    17,022       

MAIL TO THAT PERSON AT AN ADDRESS FOR THAT PERSON CONTAINED IN     17,023       

RECORDS OF THE FINANCIAL INSTITUTION, EXCEPT THAT IF THE ADDRESS   17,024       

OF THAT PERSON IS NOT CONTAINED IN RECORDS OF THE FINANCIAL        17,025       

INSTITUTION, THE AGENCY SHALL SEND THE NOTICE TO THAT PERSON IN    17,026       

CARE OF ANOTHER PERSON WHOSE ADDRESS IS CONTAINED IN RECORDS OF    17,027       

THE FINANCIAL INSTITUTION CONCERNING THE ACCOUNT.                  17,028       

      Sec. 3123.30.  THE NOTICE SENT UNDER SECTION 3123.29 OF THE  17,030       

REVISED CODE SHALL CONTAIN BOTH OF THE FOLLOWING:                  17,031       

      (A)  A STATEMENT OF THE DATE THE NOTICE IS SENT, THAT        17,034       

ANOTHER OF THE ACCOUNT HOLDERS IS AN OBLIGOR UNDER A SUPPORT                    

ORDER, THE NAME OF THE OBLIGOR, THAT THE SUPPORT ORDER IS IN       17,035       

DEFAULT, THE AMOUNT OF THE ARREARAGE OWED BY THE OBLIGOR AS        17,036       

DETERMINED BY THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY, THE   17,037       

AMOUNT THAT WILL BE WITHDRAWN, THE TYPE OF ACCOUNT FROM WHICH THE  17,039       

AMOUNT WILL BE WITHDRAWN, AND THE NAME OF THE FINANCIAL                         

INSTITUTION FROM WHICH THE AMOUNT WILL BE WITHDRAWN;               17,040       

      (B)  A STATEMENT THAT THE PERSON MAY OBJECT TO THE           17,042       

WITHDRAWAL BY FILING WITH THE AGENCY, NO LATER THAN TEN DAYS       17,043       

AFTER THE DATE ON WHICH THE NOTICE IS SENT, A WRITTEN REQUEST FOR  17,045       

AN ADMINISTRATIVE HEARING TO DETERMINE WHETHER ANY AMOUNT                       

CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON TO WHOM     17,046       

THE NOTICE IS SENT AND SHOULD NOT BE SUBJECT TO THE WITHDRAWAL     17,047       

DIRECTIVE.                                                         17,048       

      Sec. 3123.31.  THE PERSON TO WHOM NOTICE IS SENT UNDER       17,050       

SECTION 3123.29 OF THE REVISED CODE SHALL HAVE TEN DAYS FROM THE   17,051       

DATE THE NOTICE IS SENT TO OBJECT TO THE WITHDRAWAL BY FILING      17,053       

WITH THE CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT THE NOTICE A                

WRITTEN REQUEST FOR AN ADMINISTRATIVE HEARING TO DETERMINE         17,055       

WHETHER ANY AMOUNT CONTAINED IN THE ACCOUNT IS THE PROPERTY OF     17,056       

THAT PERSON AND SHOULD NOT BE SUBJECT TO THE WITHDRAWAL            17,057       

                                                          389    


                                                                 
DIRECTIVE.                                                                      

      Sec. 3123.32.  IF A PERSON TO WHOM A NOTICE IS SENT UNDER    17,059       

SECTION 3123.29 OF THE REVISED CODE FAILS TO FILE A TIMELY         17,060       

REQUEST FOR AN ADMINISTRATIVE HEARING, THE CHILD SUPPORT           17,061       

ENFORCEMENT AGENCY THAT SENT THE NOTICE SHALL SEND A WITHDRAWAL                 

DIRECTIVE TO THE FINANCIAL INSTITUTION PURSUANT TO SECTION         17,062       

3123.37 OF THE REVISED CODE.                                                    

      Sec. 3123.33.  IF A PERSON WHO RECEIVED NOTICE UNDER         17,064       

SECTION 3123.29 OF THE REVISED CODE REQUESTS IT, THE CHILD         17,065       

SUPPORT ENFORCEMENT AGENCY THAT SENT THE NOTICE SHALL CONDUCT AN   17,066       

ADMINISTRATIVE HEARING NO LATER THAN TEN DAYS AFTER THE DATE THE   17,068       

PERSON FILES THE REQUEST FOR THE HEARING.  NO LATER THAN FIVE      17,069       

DAYS BEFORE THE DATE THE HEARING IS TO BE CONDUCTED, THE AGENCY    17,070       

SHALL SEND THE PERSON WRITTEN NOTICE OF THE DATE, TIME, PLACE,     17,071       

AND PURPOSE OF THE HEARING.                                        17,072       

      AT THE HEARING, THE AGENCY SHALL DETERMINE WHETHER ANY       17,074       

AMOUNT CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON WHO  17,076       

FILED THE OBJECTION.  THE PERSON MAY PRESENT TESTIMONY AND                      

EVIDENCE AT THE HEARING ONLY IN REGARD TO THE ISSUE OF WHETHER     17,077       

AND HOW MUCH, IF ANY, OF THE AMOUNT CONTAINED IN THE ACCOUNT IS    17,078       

THE PROPERTY OF THE PERSON AND SHOULD NOT BE SUBJECT TO            17,079       

WITHDRAWAL DIRECTIVE.  IF THE AGENCY DETERMINES THAT ANY AMOUNT    17,080       

CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON, THE        17,081       

AGENCY SHALL DETERMINE THAT AMOUNT.  THE AGENCY SHALL SEND NOTICE  17,082       

OF ITS DETERMINATION TO THE PERSON.                                17,083       

      Sec. 3123.34.  IF A CHILD SUPPORT ENFORCEMENT AGENCY         17,085       

DETERMINES THAT THE TOTAL AMOUNT IN AN ACCOUNT IS THE PROPERTY OF  17,086       

A PERSON WHO IS NOT THE OBLIGOR FROM WHOM PAYMENT IS SOUGHT, IT    17,087       

SHALL ORDER THE FINANCIAL INSTITUTION TO RELEASE THE ACCESS        17,088       

RESTRICTION ON THE ACCOUNT AND SHALL TAKE NO FURTHER ENFORCEMENT   17,089       

ACTION ON THE ACCOUNT.  IF THE AGENCY DETERMINES THAT SOME OF THE  17,090       

FUNDS IN THE ACCOUNT ARE THE PROPERTY OF THE PERSON, IT SHALL      17,091       

ORDER THE FINANCIAL INSTITUTION TO RELEASE THE ACCESS RESTRICTION  17,093       

ON THE ACCOUNT IN THAT AMOUNT AND SHALL TAKE NO FURTHER            17,094       

                                                          390    


                                                                 
ENFORCEMENT ACTION ON THOSE FUNDS.  THE AGENCY SHALL ISSUE A       17,095       

WITHDRAWAL DIRECTIVE PURSUANT TO SECTION 3123.37 OF THE REVISED    17,096       

CODE FOR THE REMAINING FUNDS UNLESS, NO LATER THAN TEN DAYS AFTER  17,097       

THE AGENCY MAKES ITS DETERMINATION, THE PERSON FILES A WRITTEN     17,098       

MOTION WITH THE COURT OF COMMON PLEAS OF THE COUNTY SERVED BY THE  17,099       

CHILD SUPPORT ENFORCEMENT AGENCY FOR A HEARING TO DETERMINE        17,100       

WHETHER ANY AMOUNT CONTAINED IN THE ACCOUNT IS THE PROPERTY OF     17,101       

THE PERSON.                                                                     

      Sec. 3123.35.  IF THE PERSON DESCRIBED IN SECTION 3123.34    17,103       

OF THE REVISED CODE FILES A TIMELY MOTION WITH THE COURT, THE      17,106       

COURT SHALL HOLD A HEARING ON THE REQUEST NO LATER THAN TEN DAYS   17,107       

AFTER THE REQUEST IS FILED.  NO LATER THAN FIVE DAYS BEFORE THE    17,108       

DATE ON WHICH THE HEARING IS TO BE HELD, THE COURT SHALL SEND THE  17,109       

PERSON WRITTEN NOTICE BY ORDINARY MAIL OF THE DATE, TIME, PLACE,   17,110       

AND PURPOSE OF THE HEARING.  THE HEARING SHALL BE LIMITED TO A     17,111       

DETERMINATION OF HOW MUCH, IF ANY, OF THE AMOUNT CONTAINED IN THE  17,112       

ACCOUNT IS THE PROPERTY OF THE PERSON.                             17,114       

      Sec. 3123.36.  IF THE COURT DETERMINES PURSUANT TO A         17,116       

HEARING UNDER SECTION 3123.35 OF THE REVISED CODE THAT ALL OF THE  17,117       

FUNDS IN THE ACCOUNT ARE THE PROPERTY OF THE PERSON DESCRIBED IN   17,118       

SECTION 3123.34 OF THE REVISED CODE, IT SHALL ORDER THE FINANCIAL  17,120       

INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON THE ACCOUNT AND   17,121       

TO TAKE NO FURTHER ENFORCEMENT ACTION ON THE ACCOUNT.  IF THE      17,122       

COURT DETERMINES THAT SOME OF THE FUNDS IN THE ACCOUNT ARE THE     17,123       

PROPERTY OF THE PERSON, IT SHALL DETERMINE THAT AMOUNT, ORDER THE  17,124       

FINANCIAL INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON THE     17,125       

ACCOUNT IN THAT AMOUNT, AND ORDER THE AGENCY TO TAKE NO FURTHER    17,126       

ENFORCEMENT ACTION ON THOSE FUNDS.  IF THE COURT DETERMINES THAT   17,127       

ANY OF THE FUNDS IN THE ACCOUNT ARE NOT THE PROPERTY OF THE        17,128       

PERSON, IT SHALL ISSUE A WITHDRAWAL DIRECTIVE PURSUANT TO SECTION  17,129       

3123.37 OF THE REVISED CODE.                                                    

      Sec. 3123.37.  (A)  SUBJECT TO SECTIONS 3123.27 AND 3123.28  17,131       

TO 3123.36 OF THE REVISED CODE, AN AGENCY THAT DETERMINES THAT AN  17,133       

OBLIGOR HAS FUNDS IN AN ACCOUNT IN A FINANCIAL INSTITUTION SHALL   17,134       

                                                          391    


                                                                 
ISSUE A WITHDRAWAL DIRECTIVE TO THE FINANCIAL INSTITUTION.  THE    17,135       

DIRECTIVE SHALL REQUIRE THE FINANCIAL INSTITUTION TO TRANSMIT      17,136       

FUNDS FROM THE ACCOUNT TO THE OFFICE OF CHILD SUPPORT.                          

      (B)  THE WITHDRAWAL DIRECTIVE SHALL CONTAIN THE FOLLOWING    17,138       

INFORMATION:                                                       17,139       

      (1)  THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR        17,142       

TAXPAYER IDENTIFICATION NUMBER OF THE OBLIGOR;                                  

      (2)  A STATEMENT THAT THE OBLIGOR HAS BEEN DETERMINED TO BE  17,145       

IN DEFAULT UNDER A SUPPORT ORDER;                                               

      (3)  THE AMOUNT OF THE ARREARAGE OWED BY THE OBLIGOR AS      17,148       

DETERMINED BY THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY;       17,149       

      (4)  THE AMOUNT OF FUNDS THAT ARE TO BE WITHDRAWN FROM THE   17,152       

ACCOUNT AND THE TYPE OF ACCOUNT FROM WHICH THE FUNDS ARE TO BE     17,153       

WITHDRAWN.                                                                      

      (C)  ON RECEIPT OF A WITHDRAWAL DIRECTIVE, A FINANCIAL       17,155       

INSTITUTION SHALL WITHDRAW THE AMOUNT SPECIFIED FROM THE ACCOUNT   17,157       

DESCRIBED IN THE NOTICE AND PAY IT TO THE OFFICE OF CHILD          17,158       

SUPPORT.                                                                        

      Sec. 3123.38.  A FINANCIAL INSTITUTION IS NOT SUBJECT TO     17,161       

CRIMINAL OR CIVIL LIABILITY FOR IMPOSING AN ACCESS RESTRICTION ON  17,162       

AN ACCOUNT OR COMPLYING WITH A WITHDRAWAL DIRECTIVE PURSUANT TO    17,163       

SECTIONS 3123.24 TO 3123.38 OF THE REVISED CODE OR FOR ANY OTHER   17,164       

ACTION TAKEN IN GOOD FAITH PURSUANT TO THOSE SECTIONS.                          

      Sec. 3123.41.  AS USED IN SECTIONS 3123.41 TO 3123.50 OF     17,166       

THE REVISED CODE:                                                  17,167       

      (A)  "BOARD" MEANS ANY ENTITY THAT HAS THE AUTHORITY         17,169       

PURSUANT TO TITLE XLVII OF THE REVISED CODE TO ISSUE A LICENSE,    17,170       

AND ANY OTHER AGENCY OF THIS STATE, OTHER THAN THE SUPREME COURT,  17,171       

THAT HAS THE AUTHORITY TO ISSUE A LICENSE THAT AUTHORIZES AN       17,172       

INDIVIDUAL TO ENGAGE IN AN OCCUPATION OR PROFESSION.  "BOARD"      17,173       

INCLUDES AN ADMINISTRATIVE OFFICER THAT HAS AUTHORITY TO ISSUE A   17,174       

LICENSE THAT AUTHORIZES AN INDIVIDUAL TO ENGAGE IN AN OCCUPATION   17,175       

OR PROFESSION.                                                                  

      (B)  "LICENSE" INCLUDES A LICENSE, CERTIFICATE, PERMIT,      17,177       

                                                          392    


                                                                 
REGISTRATION, OR OTHER AUTHORIZATION TO ENGAGE IN AN OCCUPATION    17,178       

OR PROFESSION.                                                     17,179       

      Sec. 3123.42.  IF EITHER OF THE FOLLOWING OCCURS WITH        17,181       

RESPECT TO AN INDIVIDUAL WHO IS AN OBLIGOR UNDER A CHILD SUPPORT   17,182       

ORDER, THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE      17,183       

ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A LICENSE ISSUED  17,184       

BY A BOARD OR, IF POSSIBLE, WHETHER THE INDIVIDUAL HAS APPLIED     17,185       

FOR, OR IS LIKELY TO APPLY FOR, A LICENSE:                                      

      (A)  A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY MAKES A     17,187       

FINAL AND ENFORCEABLE DETERMINATION UNDER SECTIONS 3123.02 TO      17,188       

3123.071 OF THE REVISED CODE THAT THE INDIVIDUAL IS IN DEFAULT     17,189       

UNDER THE CHILD SUPPORT ORDER.                                                  

      (B)  THE INDIVIDUAL FAILS, AFTER RECEIVING APPROPRIATE       17,191       

NOTICE, TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT   17,192       

OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING   17,193       

TO ENFORCE THE CHILD SUPPORT ORDER.                                17,194       

      Sec. 3123.43.  IF A CHILD SUPPORT ENFORCEMENT AGENCY,        17,196       

PURSUANT TO SECTION 3123.42 OF THE REVISED CODE, DETERMINES THAT   17,197       

AN INDIVIDUAL IS A LICENSE HOLDER OR HAS APPLIED FOR, OR IS        17,198       

LIKELY TO APPLY FOR, A LICENSE, IT SHALL SEND THE NOTICE                        

DESCRIBED IN SECTION 3123.44 OF THE REVISED CODE TO THE            17,199       

INDIVIDUAL.  THE AGENCY ALSO MAY SEND A NOTICE TO THE BOARD THAT   17,200       

GIVES THE NAME AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING     17,201       

NUMBER OF THE INDIVIDUAL AND STATES THAT A COURT OR AGENCY HAS                  

DETERMINED THAT THE INDIVIDUAL IS IN DEFAULT UNDER A CHILD         17,202       

SUPPORT ORDER OR HAS FAILED TO COMPLY WITH A WARRANT OR SUBPOENA   17,203       

ISSUED BY A COURT OR AGENCY WITH RESPECT TO A PROCEEDING TO        17,204       

ENFORCE A CHILD SUPPORT ORDER.                                                  

      Sec. 3123.44.  NOTICE SHALL BE SENT TO AN INDIVIDUAL         17,206       

DESCRIBED IN SECTION 3123.42 OF THE REVISED CODE IN COMPLIANCE     17,207       

WITH SECTION 3121.23 OF THE REVISED CODE.  THE NOTICE SHALL        17,209       

SPECIFY THAT A COURT OR AGENCY HAS DETERMINED THE INDIVIDUAL TO                 

BE IN DEFAULT UNDER A CHILD SUPPORT ORDER OR THAT THE INDIVIDUAL   17,210       

IS AN OBLIGOR WHO HAS FAILED TO COMPLY WITH A SUBPOENA OR WARRANT  17,211       

                                                          393    


                                                                 
ISSUED BY A COURT OR AGENCY WITH RESPECT TO A PROCEEDING TO        17,212       

ENFORCE A CHILD SUPPORT ORDER, THAT A NOTICE CONTAINING THE        17,213       

INDIVIDUAL'S NAME AND SOCIAL SECURITY NUMBER OR OTHER              17,215       

IDENTIFICATION NUMBER MAY BE SENT TO EVERY BOARD THAT HAS          17,216       

AUTHORITY TO ISSUE OR HAS ISSUED THE INDIVIDUAL A LICENSE, AND     17,217       

THAT, IF THE BOARD RECEIVES THAT NOTICE AND DETERMINES THAT THE    17,218       

INDIVIDUAL IS THE INDIVIDUAL NAMED IN THAT NOTICE AND THE BOARD    17,220       

HAS NOT RECEIVED NOTICE UNDER SECTION 3123.45 OR 3123.46 OF THE                 

REVISED CODE, ALL OF THE FOLLOWING WILL OCCUR:                     17,221       

      (A)  THE BOARD WILL NOT ISSUE ANY LICENSE TO THE INDIVIDUAL  17,223       

OR RENEW ANY LICENSE OF THE INDIVIDUAL.                            17,224       

      (B)  THE BOARD WILL SUSPEND ANY LICENSE OF THE INDIVIDUAL    17,226       

IF IT DETERMINES THAT THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN    17,227       

THE NOTICE SENT TO THE BOARD UNDER SECTION 3123.43 OF THE REVISED  17,228       

CODE.                                                                           

      (C)  IF THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THE        17,230       

NOTICE, THE BOARD WILL NOT ISSUE ANY LICENSE TO THE INDIVIDUAL,    17,232       

AND WILL NOT REINSTATE A SUSPENDED LICENSE, UNTIL THE BOARD        17,233       

RECEIVES A NOTICE UNDER SECTION 3123.45 OR 3123.46 OF THE REVISED  17,234       

CODE.                                                                           

      Sec. 3123.45.  A CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT  17,236       

A NOTICE TO A BOARD OF AN INDIVIDUAL'S DEFAULT UNDER A CHILD       17,237       

SUPPORT ORDER SHALL SEND TO EACH BOARD TO WHICH THE AGENCY SENT    17,238       

THE NOTICE A FURTHER NOTICE THAT THE INDIVIDUAL IS NOT IN DEFAULT  17,239       

IF IT DETERMINES THAT THE INDIVIDUAL IS NOT IN DEFAULT OR ANY OF   17,241       

THE FOLLOWING OCCURS:                                                           

      (A)  THE INDIVIDUAL MAKES FULL PAYMENT TO THE OFFICE OF      17,244       

CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR, PURSUANT TO  17,245       

SECTIONS 3125.27 TO 3125.30 OF THE REVISED CODE, THE CHILD         17,246       

SUPPORT ENFORCEMENT AGENCY OF THE ARREARAGE THAT WAS THE BASIS     17,247       

FOR THE COURT OR AGENCY DETERMINATION THAT THE INDIVIDUAL WAS IN   17,248       

DEFAULT.                                                                        

      (B)  AN APPROPRIATE WITHHOLDING OR DEDUCTION NOTICE OR       17,250       

OTHER APPROPRIATE ORDER DESCRIBED IN SECTION 3121.03, 3121.04,     17,251       

                                                          394    


                                                                 
3121.05, 3121.06, OR 3121.12 OF THE REVISED CODE HAS BEEN ISSUED   17,252       

TO COLLECT CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE CHILD   17,254       

SUPPORT ORDER THAT WAS IN DEFAULT, AND THE INDIVIDUAL IS                        

COMPLYING WITH THE NOTICE OR ORDER.                                17,255       

      (C)  A NEW CHILD SUPPORT ORDER HAS BEEN ISSUED OR THE CHILD  17,257       

SUPPORT ORDER THAT WAS IN DEFAULT, HAS BEEN MODIFIED TO COLLECT    17,258       

CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE CHILD SUPPORT      17,260       

ORDER THAT WAS IN DEFAULT, AND THE INDIVIDUAL IS COMPLYING WITH    17,261       

THE NEW OR MODIFIED CHILD SUPPORT ORDER.                                        

      THE AGENCY SHALL SEND THE NOTICE UNDER THIS SECTION NOT      17,263       

LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THE INDIVIDUAL   17,264       

IS NOT IN DEFAULT OR THAT ANY OF THE CIRCUMSTANCES SPECIFIED IN    17,265       

THIS SECTION HAS OCCURRED.                                         17,266       

      Sec. 3123.46.  A CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT  17,268       

A NOTICE TO A BOARD OF AN INDIVIDUAL'S FAILURE TO COMPLY WITH A    17,269       

WARRANT OR SUBPOENA SHALL SEND TO EACH BOARD TO WHICH THE AGENCY   17,270       

SENT THE NOTICE A FURTHER NOTICE THAT THE INDIVIDUAL IS NO LONGER  17,271       

OUT OF COMPLIANCE IF THE COURT OR AGENCY THAT ISSUED THE WARRANT   17,272       

OR SUBPOENA REMOVES THE WARRANT OR DETERMINES THAT THE OBLIGOR     17,273       

HAS COMPLIED WITH THE SUBPOENA.                                    17,274       

      THE AGENCY SHALL SEND THE NOTICE UNDER THIS SECTION NOT      17,276       

LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF   17,277       

THE CIRCUMSTANCES SPECIFIED IN THIS SECTION HAS OCCURRED.          17,278       

      Sec. 3123.47.  ON RECEIPT OF A NOTICE PURSUANT TO SECTION    17,280       

3123.43 OF THE REVISED CODE, A BOARD SHALL DETERMINE WHETHER THE   17,281       

INDIVIDUAL NAMED IN THE NOTICE HOLDS OR HAS APPLIED FOR A LICENSE  17,282       

FROM THE BOARD.  IF THE BOARD DETERMINES THAT THE INDIVIDUAL       17,284       

HOLDS OR HAS APPLIED FOR A LICENSE AND THE INDIVIDUAL IS THE                    

INDIVIDUAL NAMED IN THE NOTICE AND DOES NOT RECEIVE A NOTICE       17,286       

PURSUANT TO SECTION 3123.45 OR 3123.46 OF THE REVISED CODE, THE                 

BOARD MAY NOT ISSUE A LICENSE TO THE INDIVIDUAL, MAY NOT RENEW A   17,287       

LICENSE ISSUED TO THE INDIVIDUAL, AND SHALL SUSPEND ANY LICENSE    17,288       

ISSUED TO THE INDIVIDUAL.                                                       

      Sec. 3123.471.  A BOARD SHALL MAINTAIN A FILE CONTAINING     17,290       

                                                          395    


                                                                 
EACH NOTICE IT RECEIVES PURSUANT TO SECTION 3123.43 OF THE         17,291       

REVISED CODE THAT NAMES AN INDIVIDUAL WHO DOES NOT HOLD A LICENSE  17,292       

ISSUED BY THE BOARD.  ON RECEIPT OF AN APPLICATION FOR A LICENSE   17,293       

FROM SUCH AN INDIVIDUAL, THE BOARD SHALL PROCEED IN ACCORDANCE                  

WITH SECTION 3123.47 OF THE REVISED CODE.                          17,294       

      Sec. 3123.48.  NOT LATER THAN SEVEN DAYS AFTER RECEIPT OF A  17,296       

NOTICE PURSUANT TO SECTION 3123.45 OR 3123.46 OF THE REVISED       17,297       

CODE, THE BOARD SHALL, IF THE INDIVIDUAL IS OTHERWISE ELIGIBLE     17,298       

FOR THE LICENSE AND WANTS THE LICENSE, ISSUE A LICENSE TO OR       17,299       

RENEW A LICENSE OF THE INDIVIDUAL, OR IF THE INDIVIDUAL'S LICENSE  17,300       

WAS SUSPENDED PURSUANT TO SECTION 3123.47 OF THE REVISED CODE,     17,301       

END THE SUSPENSION.  THE BOARD MAY CHARGE A FEE OF NOT MORE THAN   17,302       

FIFTY DOLLARS TO ISSUE OR RENEW OR END THE SUSPENSION OF A         17,303       

LICENSE PURSUANT TO THIS SECTION.                                               

      Sec. 3123.49.  NOTWITHSTANDING SECTION 119.06 OF THE         17,305       

REVISED CODE, A BOARD SHALL NOT HOLD ANY HEARING IN CONNECTION     17,306       

WITH AN ORDER REFUSING TO ISSUE OR RENEW A LICENSE FOR, OR         17,307       

SUSPENDING A LICENSE OF, AN INDIVIDUAL PURSUANT TO SECTION         17,308       

3123.47 OF THE REVISED CODE.                                                    

      Sec. 3123.50.  A BOARD SHALL REQUIRE EACH APPLICATION FOR A  17,310       

LICENSE, OR RENEWAL OF A LICENSE, ISSUED BY THE BOARD TO INCLUDE   17,311       

THE APPLICANT'S SOCIAL SECURITY NUMBER.                            17,312       

      Sec. 3123.52.  PRIOR TO THE DATE THE SUPPORT ENFORCEMENT     17,314       

TRACKING SYSTEM IS OPERATIONAL IN ALL THE COUNTIES OF THIS STATE,  17,315       

SECTIONS 3123.53 TO 3123.60 OF THE REVISED CODE SHALL APPLY AS     17,316       

PROVIDED IN SECTIONS 3123.61 TO 3123.615 OF THE REVISED CODE.                   

      Sec. 3123.53.  IF EITHER OF THE FOLLOWING OCCURS WITH        17,318       

RESPECT TO AN INDIVIDUAL WHO IS AN OBLIGOR UNDER A CHILD SUPPORT   17,319       

ORDER, THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE      17,320       

CHILD SUPPORT ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A   17,321       

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S     17,322       

LICENSE OR ENDORSEMENT, TEMPORARY INSTRUCTION PERMIT, OR                        

COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT ISSUED BY THE     17,323       

REGISTRAR OF MOTOR VEHICLES OR A DEPUTY REGISTRAR OR, IF           17,324       

                                                          396    


                                                                 
POSSIBLE, WHETHER THE INDIVIDUAL HAS APPLIED FOR OR IS LIKELY TO   17,325       

APPLY FOR THAT LICENSE, ENDORSEMENT, OR PERMIT:                                 

      (A)  A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY MAKES A     17,327       

FINAL AND ENFORCEABLE DETERMINATION UNDER SECTIONS 3123.02 TO      17,328       

3123.071 OF THE REVISED CODE THAT THE INDIVIDUAL IS IN DEFAULT     17,329       

UNDER THE CHILD SUPPORT ORDER.                                                  

      (B)  THE INDIVIDUAL FAILS, AFTER RECEIVING APPROPRIATE       17,331       

NOTICE, TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT   17,332       

OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING   17,333       

TO ENFORCE THE CHILD SUPPORT ORDER.                                17,334       

      Sec. 3123.54.  IF A CHILD SUPPORT ENFORCEMENT AGENCY,        17,336       

PURSUANT TO SECTION 3123.53 OF THE REVISED CODE, DETERMINES THAT   17,337       

AN INDIVIDUAL HOLDS A LICENSE, ENDORSEMENT, OR PERMIT OR HAS       17,338       

APPLIED FOR, OR IS LIKELY TO APPLY FOR, A LICENSE, ENDORSEMENT,                 

OR PERMIT, IT SHALL SEND THE NOTICE DESCRIBED IN SECTION 3123.55   17,339       

OF THE REVISED CODE TO THE INDIVIDUAL.  THE AGENCY ALSO MAY SEND   17,340       

A NOTICE TO THE REGISTRAR OF MOTOR VEHICLES THAT GIVES THE NAME    17,341       

AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING NUMBER OF THE      17,342       

INDIVIDUAL AND STATES THAT A COURT OR AGENCY HAS DETERMINED THAT                

THE INDIVIDUAL IS IN DEFAULT UNDER A CHILD SUPPORT ORDER OR HAS    17,343       

FAILED TO COMPLY WITH A WARRANT OR SUBPOENA ISSUED BY A COURT OR   17,344       

AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT     17,345       

ORDER.                                                                          

      Sec. 3123.55.  NOTICE SHALL BE SENT TO THE INDIVIDUAL        17,348       

DESCRIBED IN SECTION 3123.54 OF THE REVISED CODE IN COMPLIANCE                  

WITH SECTION 3121.23 OF THE REVISED CODE.  THE NOTICE SHALL        17,349       

SPECIFY THAT A COURT OR AGENCY HAS DETERMINED THE INDIVIDUAL TO    17,350       

BE IN DEFAULT UNDER A CHILD SUPPORT ORDER OR THAT THE INDIVIDUAL   17,351       

IS AN OBLIGOR UNDER A CHILD SUPPORT ORDER WHO HAS FAILED TO        17,352       

COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY A COURT OR AGENCY      17,354       

WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER,     17,355       

THAT A NOTICE CONTAINING THE INDIVIDUAL'S NAME AND SOCIAL          17,356       

SECURITY NUMBER OR OTHER IDENTIFICATION NUMBER MAY BE SENT TO THE  17,357       

REGISTRAR OF MOTOR VEHICLES, AND THAT, IF THE REGISTRAR RECEIVES   17,358       

                                                          397    


                                                                 
THAT NOTICE AND DETERMINES THAT THE INDIVIDUAL IS THE INDIVIDUAL   17,359       

NAMED IN THAT NOTICE AND THE REGISTRAR HAS NOT RECEIVED NOTICE     17,360       

UNDER SECTION 3123.56 OR 3123.57 OF THE REVISED CODE, ALL OF THE   17,361       

FOLLOWING WILL OCCUR:                                                           

      (A)  THE REGISTRAR AND ALL DEPUTY REGISTRARS WILL BE         17,363       

PROHIBITED FROM ISSUING TO THE INDIVIDUAL A DRIVER'S OR            17,364       

COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR      17,366       

ENDORSEMENT, OR TEMPORARY INSTRUCTION PERMIT OR COMMERCIAL         17,367       

DRIVER'S TEMPORARY INSTRUCTION PERMIT.                                          

      (B)  THE REGISTRAR AND ALL DEPUTY REGISTRARS WILL BE         17,369       

PROHIBITED FROM RENEWING FOR THE INDIVIDUAL A DRIVER'S OR          17,371       

COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR      17,372       

ENDORSEMENT, OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT.  17,373       

      (C)  IF THE INDIVIDUAL HOLDS A DRIVER'S OR COMMERCIAL        17,375       

DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR ENDORSEMENT,    17,376       

OR TEMPORARY INSTRUCTION PERMIT OR COMMERCIAL DRIVER'S TEMPORARY   17,377       

INSTRUCTION PERMIT, IT WILL BE SUSPENDED IF THE REGISTRAR          17,378       

DETERMINES THAT THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THE      17,379       

NOTICE SENT PURSUANT TO SECTION 3123.54 OF THE REVISED CODE.       17,380       

      (D)  IF THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THE        17,382       

NOTICE, THE INDIVIDUAL WILL NOT BE ISSUED OR HAVE RENEWED ANY      17,383       

LICENSE, ENDORSEMENT, OR PERMIT, AND NO SUSPENSION WILL BE LIFTED  17,384       

WITH RESPECT TO ANY LICENSE, ENDORSEMENT, OR PERMIT LISTED IN      17,385       

THIS SECTION UNTIL THE REGISTRAR RECEIVES A NOTICE UNDER SECTION   17,386       

3123.56 OR 3123.57 OF THE REVISED CODE.                                         

      Sec. 3123.56.  A CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT  17,388       

A NOTICE UNDER SECTION 3123.54 OF THE REVISED CODE OF AN           17,389       

INDIVIDUAL'S DEFAULT UNDER A CHILD SUPPORT ORDER SHALL SEND TO     17,390       

THE REGISTRAR OF MOTOR VEHICLES A NOTICE THAT THE INDIVIDUAL IS    17,391       

NOT IN DEFAULT IF IT DETERMINES THAT THE INDIVIDUAL IS NOT IN      17,392       

DEFAULT OR ANY OF THE FOLLOWING OCCURS:                            17,393       

      (A)  THE INDIVIDUAL MAKES FULL PAYMENT TO THE OFFICE OF      17,396       

CHILD SUPPORT OR, PURSUANT TO SECTIONS 3125.27 TO 3125.30 OF THE                

REVISED CODE, TO THE CHILD SUPPORT ENFORCEMENT AGENCY OF THE       17,398       

                                                          398    


                                                                 
ARREARAGE THAT WAS THE BASIS FOR THE COURT OR AGENCY               17,399       

DETERMINATION THAT THE INDIVIDUAL WAS IN DEFAULT.                  17,400       

      (B)  AN APPROPRIATE WITHHOLDING OR DEDUCTION NOTICE OR       17,402       

OTHER APPROPRIATE ORDER DESCRIBED IN SECTION 3121.03, 3121.04,     17,403       

3121.05, 3121.06, OR 3121.12 OF THE REVISED CODE HAS BEEN ISSUED   17,404       

TO COLLECT CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE CHILD   17,405       

SUPPORT ORDER THAT WAS IN DEFAULT, AND THE INDIVIDUAL IS           17,406       

COMPLYING WITH THE NOTICE OR ORDER.                                17,407       

      (C)  A NEW CHILD SUPPORT ORDER HAS BEEN ISSUED OR THE CHILD  17,410       

SUPPORT ORDER THAT WAS IN DEFAULT HAS BEEN MODIFIED TO COLLECT     17,411       

CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE CHILD SUPPORT      17,412       

ORDER THAT WAS IN DEFAULT, AND THE INDIVIDUAL IS COMPLYING WITH    17,413       

THE NEW OR MODIFIED CHILD SUPPORT ORDER.                           17,414       

      THE AGENCY SHALL SEND THE NOTICE UNDER THIS SECTION NOT      17,416       

LATER THAN SEVEN DAYS AFTER IT DETERMINES THE INDIVIDUAL IS NOT    17,418       

IN DEFAULT OR THAT ANY OF THE CIRCUMSTANCES SPECIFIED IN THIS      17,419       

SECTION HAS OCCURRED.                                                           

      Sec. 3123.57.  A CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT  17,421       

A NOTICE UNDER SECTION 3123.54 OF THE REVISED CODE OF AN           17,422       

INDIVIDUAL'S FAILURE TO COMPLY WITH A WARRANT OR SUBPOENA SHALL    17,423       

SEND TO THE REGISTRAR OF MOTOR VEHICLES A NOTICE THAT THE          17,424       

INDIVIDUAL IS NO LONGER OUT OF COMPLIANCE IF THE COURT OR AGENCY   17,425       

THAT ISSUED THE WARRANT OR SUBPOENA REMOVES THE WARRANT OR         17,426       

DETERMINES THAT THE INDIVIDUAL HAS COMPLIED WITH THE SUBPOENA.     17,427       

      THE AGENCY SHALL SEND THE NOTICE UNDER THIS SECTION NOT      17,429       

LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF   17,431       

THE CIRCUMSTANCES SPECIFIED IN THIS SECTION HAS OCCURRED.          17,432       

      Sec. 3123.58.  ON RECEIPT OF A NOTICE PURSUANT TO SECTION    17,435       

3123.54 OF THE REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES                    

SHALL DETERMINE WHETHER THE INDIVIDUAL NAMED IN THE NOTICE HOLDS   17,437       

OR HAS APPLIED FOR A DRIVER'S LICENSE OR COMMERCIAL DRIVER'S                    

LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR ENDORSEMENT, OR          17,438       

TEMPORARY INSTRUCTION PERMIT OR COMMERCIAL DRIVER'S TEMPORARY      17,439       

INSTRUCTION PERMIT.  IF THE REGISTRAR DETERMINES THAT THE          17,440       

                                                          399    


                                                                 
INDIVIDUAL HOLDS OR HAS APPLIED FOR A LICENSE, PERMIT, OR          17,441       

ENDORSEMENT AND THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THE      17,442       

NOTICE AND DOES NOT RECEIVE A NOTICE PURSUANT TO SECTION 3123.56                

OR 3123.57 OF THE REVISED CODE, THE REGISTRAR IMMEDIATELY SHALL    17,443       

PROVIDE NOTICE OF THE DETERMINATION TO EACH DEPUTY REGISTRAR.      17,445       

THE REGISTRAR OR A DEPUTY REGISTRAR MAY NOT ISSUE TO THE           17,446       

INDIVIDUAL A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE   17,447       

OPERATOR'S LICENSE OR ENDORSEMENT, OR TEMPORARY INSTRUCTION        17,448       

PERMIT OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT AND                  

MAY NOT RENEW FOR THE INDIVIDUAL A DRIVER'S OR COMMERCIAL          17,450       

DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR ENDORSEMENT,    17,451       

OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT.  THE          17,452       

REGISTRAR OR A DEPUTY REGISTRAR ALSO SHALL SUSPEND A LICENSE,                   

PERMIT, OR ENDORSEMENT HELD BY THE INDIVIDUAL.                     17,453       

      Sec. 3123.581.  THE REGISTRAR OF MOTOR VEHICLES SHALL        17,455       

MAINTAIN A LIST OF NAMES OF INDIVIDUALS IDENTIFIED IN NOTICES      17,457       

SENT TO THE REGISTRAR PURSUANT TO SECTION 3123.54 OF THE REVISED                

CODE THAT DO NOT HOLD A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE,   17,458       

MOTORCYCLE OPERATOR'S LICENSE OR ENDORSEMENT, OR TEMPORARY         17,459       

INSTRUCTION PERMIT OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION    17,460       

PERMIT.  THE REGISTRAR SHALL UPDATE THE LIST QUARTERLY AND         17,462       

PROVIDE EACH DEPUTY REGISTRAR WITH A COPY.  ON RECEIPT OF AN                    

APPLICATION FOR SUCH A LICENSE, PERMIT, OR ENDORSEMENT FROM AN     17,463       

INDIVIDUAL WHO APPEARS ON THE LIST, A DEPUTY REGISTRAR SHALL       17,465       

NOTIFY THE REGISTRAR.  ON RECEIPT OF AN APPLICATION FOR SUCH A     17,466       

LICENSE, PERMIT, OR ENDORSEMENT FROM SUCH AN INDIVIDUAL OR ON                   

RECEIPT OF A NOTICE FROM A DEPUTY REGISTRAR PURSUANT TO THIS       17,467       

SECTION, THE REGISTRAR SHALL PROCEED IN ACCORDANCE WITH SECTION    17,468       

3123.58 OF THE REVISED CODE.                                                    

      Sec. 3123.59.  NOT LATER THAN SEVEN DAYS AFTER RECEIPT OF A  17,470       

NOTICE PURSUANT TO SECTION 3123.56 OR 3123.57 OF THE REVISED       17,471       

CODE, THE REGISTRAR OF MOTOR VEHICLES SHALL NOTIFY EACH DEPUTY     17,472       

REGISTRAR OF THE NOTICE.  THE REGISTRAR AND EACH DEPUTY REGISTRAR  17,473       

SHALL THEN, IF THE INDIVIDUAL OTHERWISE IS ELIGIBLE FOR THE        17,474       

                                                          400    


                                                                 
LICENSE, PERMIT, OR ENDORSEMENT AND WANTS THE LICENSE, PERMIT, OR  17,475       

ENDORSEMENT, ISSUE A LICENSE, PERMIT, OR ENDORSEMENT TO, OR RENEW  17,477       

A LICENSE, PERMIT, OR ENDORSEMENT OF, THE INDIVIDUAL, OR, IF THE   17,478       

INDIVIDUAL'S LICENSE, PERMIT, OR ENDORSEMENT WAS SUSPENDED         17,479       

PURSUANT TO SECTION 3123.58 OF THE REVISED CODE, REMOVE THE        17,480       

SUSPENSION.  ON AND AFTER THE DATE SPECIFIED IN SECTION 3123.52    17,481       

OF THE REVISED CODE, THE REGISTRAR OR A DEPUTY REGISTRAR SHALL     17,482       

REMOVE, AFTER RECEIPT OF A NOTICE UNDER SECTION 3123.56 OR         17,483       

3123.57 OF THE REVISED CODE, A DISQUALIFICATION IMPOSED ON AN                   

INDIVIDUAL WITH RESPECT TO A COMMERCIAL DRIVER'S LICENSE OR        17,484       

COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT PURSUANT TO       17,485       

SECTION 3123.611 OF THE REVISED CODE.  THE REGISTRAR OR A DEPUTY   17,486       

REGISTRAR MAY CHARGE A FEE OF NOT MORE THAN TWENTY-FIVE DOLLARS    17,487       

FOR ISSUING OR RENEWING OR REMOVING THE SUSPENSION OF A LICENSE    17,488       

OR FOR REMOVING A DISQUALIFICATION PURSUANT TO THIS SECTION.  THE               

FEES COLLECTED BY THE REGISTRAR PURSUANT TO THIS SECTION SHALL BE  17,490       

PAID INTO THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED IN   17,491       

SECTION 4501.25 OF THE REVISED CODE.                                            

      Sec. 3123.60.  NOTWITHSTANDING SECTION 119.06 OF THE         17,493       

REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES SHALL NOT HOLD ANY   17,495       

HEARING IN CONNECTION WITH AN ORDER REFUSING TO ISSUE OR RENEW A                

LICENSE, PERMIT, OR ENDORSEMENT FOR, OR SUSPENDING A LICENSE,      17,496       

PERMIT, OR ENDORSEMENT OF, AN INDIVIDUAL PURSUANT TO SECTION       17,497       

3123.58 OF THE REVISED CODE.                                                    

      Sec. 3123.61.  PRIOR TO THE DATE SPECIFIED UNDER SECTION     17,499       

3123.52 OF THE REVISED CODE, SECTIONS 3123.53 TO 3123.60 OF THE    17,500       

REVISED CODE SHALL APPLY ONLY TO COMMERCIAL DRIVER'S LICENSES AND  17,501       

COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMITS AND THE                       

INDIVIDUALS TO WHOM THEY ARE ISSUED.                               17,502       

      Sec. 3123.611.  PRIOR TO THE DATE SPECIFIED IN SECTION       17,504       

3123.52 OF THE REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES OR A  17,505       

DEPUTY REGISTRAR SHALL DO ONLY THE FOLLOWING WITH RESPECT TO AN    17,506       

INDIVIDUAL IF THE REGISTRAR MAKES THE DETERMINATION REQUIRED       17,507       

UNDER SECTION 3123.58 OF THE REVISED CODE AND NO NOTICE IS                      

                                                          401    


                                                                 
RECEIVED CONCERNING THE INDIVIDUAL UNDER SECTION 3123.56 OR        17,508       

3123.57 OF THE REVISED CODE:                                                    

      (A)  REFUSE TO ISSUE OR RENEW THE INDIVIDUAL'S COMMERCIAL    17,510       

DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION      17,511       

PERMIT;                                                                         

      (B)  IMPOSE A DISQUALIFICATION AS DEFINED IN SECTION         17,513       

4506.01 OF THE REVISED CODE ON THE INDIVIDUAL WITH RESPECT TO A    17,514       

COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY       17,515       

INSTRUCTION PERMIT.                                                             

      Sec. 3123.612.  PRIOR TO THE DATE SPECIFIED IN SECTION       17,517       

3123.52 OF THE REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES OR A  17,518       

DEPUTY REGISTRAR MAY REMOVE A DISQUALIFICATION IMPOSED ON AN       17,519       

INDIVIDUAL WITH RESPECT TO A COMMERCIAL DRIVER'S LICENSE OR        17,520       

COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT FOR THE SAME      17,521       

REASON THE REGISTRAR OR DEPUTY REGISTRAR IS PERMITTED, ON OR                    

AFTER THAT DATE, TO REMOVE A SUSPENSION OF AN INDIVIDUAL'S         17,522       

COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY       17,523       

INSTRUCTION PERMIT UNDER SECTION 3123.59 OF THE REVISED CODE.                   

THE REGISTRAR OR DEPUTY REGISTRAR MAY CHARGE THE FEE DESCRIBED IN  17,524       

SECTION 3123.59 OF THE REVISED CODE FOR REMOVING THE               17,525       

DISQUALIFICATION.                                                               

      Sec. 3123.613.  PRIOR TO THE DATE SPECIFIED IN SECTION       17,527       

3123.52 OF THE REVISED CODE, THE FEES COLLECTED UNDER SECTION      17,528       

3123.612 OF THE REVISED CODE ARE NOT REQUIRED TO BE PAID INTO THE  17,529       

STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED IN SECTION                      

4501.25 OF THE REVISED CODE.                                                    

      Sec. 3123.614.  PRIOR TO THE DATE SPECIFIED IN SECTION       17,531       

3123.52 OF THE REVISED CODE, INSTEAD OF THE NOTICE PROVISIONS      17,532       

DESCRIBED IN DIVISIONS (A), (B), (C), AND (D) OF SECTION 3123.55   17,533       

OF THE REVISED CODE, THE NOTICE SHALL SPECIFY THAT ALL OF THE      17,534       

FOLLOWING WILL OCCUR:                                                           

      (A)  THE REGISTRAR OF MOTOR VEHICLES AND ALL DEPUTY          17,537       

REGISTRARS WILL BE PROHIBITED FROM ISSUING TO, OR RENEWING FOR,                 

THE INDIVIDUAL A COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL         17,538       

                                                          402    


                                                                 
DRIVER'S TEMPORARY INSTRUCTION PERMIT.                             17,539       

      (B)  IF THE INDIVIDUAL HOLDS A COMMERCIAL DRIVER'S LICENSE   17,541       

OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT, THE           17,542       

REGISTRAR WILL IMPOSE A DISQUALIFICATION AS DEFINED IN SECTION     17,543       

4506.01 OF THE REVISED CODE WITH RESPECT TO THE LICENSE OR PERMIT  17,544       

IF THE REGISTRAR DETERMINES THAT THE INDIVIDUAL IS THE INDIVIDUAL  17,545       

NAMED IN THE NOTICE SENT PURSUANT TO SECTION 3123.54 OF THE        17,546       

REVISED CODE.                                                                   

      (C)  IF THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THE        17,548       

NOTICE, THE INDIVIDUAL WILL NOT BE ISSUED, AND THE                 17,549       

DISQUALIFICATION WILL NOT BE REMOVED WITH RESPECT TO, ANY LICENSE  17,550       

OR PERMIT LISTED IN THIS SECTION UNTIL THE REGISTRAR RECEIVES A    17,552       

NOTICE UNDER SECTION 3123.56 OR 3123.57 OF THE REVISED CODE.                    

      Sec. 3123.615.  NOTWITHSTANDING SECTION 119.06 OF THE        17,554       

REVISED CODE AND PRIOR TO THE DATE SPECIFIED IN SECTION 3123.52    17,555       

OF THE REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES SHALL NOT                  

HOLD ANY HEARING IN CONNECTION WITH AN ORDER REFUSING TO ISSUE OR  17,556       

RENEW, OR IMPOSING A DISQUALIFICATION WITH RESPECT TO, THE         17,557       

COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY       17,558       

INSTRUCTION PERMIT OF AN INDIVIDUAL PURSUANT TO SECTION 3123.611   17,559       

OF THE REVISED CODE.                                                            

      Sec. 2301.375 3123.62.  (A)  As used in this section,        17,568       

"recreational license" means any license, permit, or stamp issued  17,569       

pursuant to section 1533.10, 1533.11, 1533.111, 1533.112, or       17,570       

1533.32 of the Revised Code.                                       17,571       

      (B)  If a court or child support enforcement agency makes a  17,574       

final and enforceable determination pursuant to division (B) of    17,576       

section 3113.21 SECTIONS 3123.02 TO 3123.071 of the Revised Code   17,577       

that an individual is in default under a child support order, the  17,578       

agency administering the child support order may determine         17,579       

whether the individual holds a recreational license or, if         17,580       

possible, whether the individual has applied for, or is likely to  17,581       

apply for, such a license.  If the agency determines that the      17,582       

individual holds, has applied for, or is likely to apply for,      17,583       

                                                          403    


                                                                 
such a license, it shall follow procedures that are substantively  17,585       

the same as those set forth in divisions (B) to (D) of section     17,586       

2301.373 SECTIONS 3123.42 TO 3123.46 of the Revised Code and the   17,587       

division of wildlife shall follow procedures that are              17,588       

substantively the same as those set forth in division (E) of       17,589       

section 2301.373 SECTIONS 3123.47 TO 3123.50 of the Revised Code   17,590       

with respect to the license if both of the following apply:        17,591       

      (1)  The division of wildlife has implemented a computer     17,593       

system that maintains license numbers for licenses issued by the   17,595       

division, the names of persons to whom licenses are issued, and    17,596       

the social security numbers of persons to whom licenses are        17,597       

issued;.                                                                        

      (2)  The division has established safeguards that eliminate  17,600       

the risk that social security numbers provided to the division     17,601       

for the purpose of child support enforcement may be used for       17,602       

purposes other than those permitted by federal law.                17,603       

      (C)  The department of human services may adopt rules in     17,606       

accordance with Chapter 119. of the Revised  Code to implement     17,607       

this section.                                                                   

      Sec. 3123.63.  THE DEPARTMENT OF HUMAN SERVICES MAY ADOPT    17,609       

RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO       17,610       

IMPLEMENT SECTIONS 3123.41 TO 3123.50, 3123.52 TO 3123.615, AND    17,611       

3123.62 OF THE REVISED CODE.                                                    

      Sec. 3123.66.  IF A COURT OR A CHILD SUPPORT ENFORCEMENT     17,614       

AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO     17,615       

SECTIONS 3123.02 TO 3123.071 OF THE REVISED CODE THAT AN OBLIGOR   17,616       

IS IN DEFAULT UNDER A SUPPORT ORDER, THE AGENCY ADMINISTERING THE  17,617       

SUPPORT ORDER MAY ASSERT A LIEN ON REAL AND PERSONAL PROPERTY OF   17,619       

THE OBLIGOR LOCATED IN THIS STATE.                                              

      Sec. 3123.67.  THE AMOUNT OF THE ARREARAGE DUE UNDER THE     17,622       

SUPPORT ORDER DETERMINED TO BE IN DEFAULT PURSUANT TO SECTIONS     17,623       

3123.02 TO 3123.071 OF THE REVISED CODE, AND ANY AMOUNTS DUE FOR   17,624       

CURRENT SUPPORT THAT BECOME AN ARREARAGE AFTER THE DATE THE        17,625       

DEFAULT DETERMINATION WAS MADE, SHALL BE A LIEN AGAINST ALL        17,626       

                                                          404    


                                                                 
PERSONAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE       17,627       

OBLIGOR THAT IS SITUATED IN THIS STATE.  THE LIEN MAY BE FILED     17,628       

WITH THE COUNTY RECORDER IN EACH COUNTY OF THE STATE IN WHICH THE  17,630       

PERSONAL PROPERTY IS LOCATED.  THE AMOUNT OF THE ARREARAGE DUE                  

UNDER THE SUPPORT ORDER DETERMINED TO BE IN DEFAULT PURSUANT AND   17,631       

ANY AMOUNTS DUE FOR CURRENT SUPPORT THAT BECOME AN ARREARAGE       17,632       

AFTER THE DATE THE DEFAULT DETERMINATION WAS MADE, SHALL BE A      17,633       

LIEN AGAINST REAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF  17,634       

THE OBLIGOR AFTER THE LIEN IS FILED WITH A COUNTY RECORDER OF      17,635       

THIS STATE IN WHICH THE REAL PROPERTY IS LOCATED.  A LIEN MAY BE   17,636       

FILED WITH THE COUNTY RECORDER IN EACH COUNTY OF THE STATE IN      17,637       

WHICH REAL PROPERTY OF THE OBLIGOR IS LOCATED.  IN RECORDING THE   17,638       

LIEN, IF REGISTERED LAND IS INVOLVED, THE COUNTY RECORDER SHALL    17,639       

TAKE ALL NECESSARY ACTION REQUIRED BY CHAPTER 5309. OF THE         17,640       

REVISED CODE.  THE COUNTY RECORDER MAY BE COMPENSATED FOR LIENS    17,642       

FILED UNDER THIS SECTION PURSUANT TO THE DEVELOPMENT OF UNIT       17,643       

COSTS THAT ARE REIMBURSED UNDER THE PROVIDER CONTRACT ENTERED      17,644       

INTO PURSUANT TO TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88       17,646       

STAT. 2351 (1975), 42 U.S.C. 651, AS AMENDED.                                   

      Sec. 3123.68.  ON RECEIVING A COPY OF A LIEN FILED IN        17,648       

ANOTHER STATE THAT IS SIMILAR TO A LIEN DESCRIBED IN SECTION       17,649       

3123.67 OF THE REVISED CODE, A COPY OF THE ORDER FOR CHILD         17,650       

SUPPORT THAT IS THE BASIS OF THE LIEN, AND A COPY OF THE COURT OR  17,651       

ADMINISTRATIVE DETERMINATION FINDING THE OBLIGOR TO BE IN DEFAULT  17,652       

UNDER THE CHILD SUPPORT ORDER, THE OFFICE OF CHILD SUPPORT IN THE  17,653       

DEPARTMENT OF HUMAN SERVICES SHALL EXAMINE THE LIEN AND THE OTHER  17,654       

DOCUMENTS AND DETERMINE WHETHER THE LIEN IS IN COMPLIANCE WITH     17,655       

FEDERAL CHILD SUPPORT LAW AND REGULATIONS.  IF THE OFFICE          17,656       

DETERMINES THAT THE LIEN IS IN COMPLIANCE, THE OFFICE SHALL        17,657       

DETERMINE THE COUNTIES OF THIS STATE IN WHICH IS LOCATED REAL OR   17,658       

PERSONAL PROPERTY OF THE OBLIGOR THAT MAY BE SUBJECTED TO THE      17,659       

LIEN.  ON MAKING THE DETERMINATION, THE OFFICE SHALL SEND A COPY   17,660       

OF THE LIEN TO THE CHILD SUPPORT ENFORCEMENT AGENCY OF THE COUNTY  17,661       

IN WHICH THE OBLIGOR'S REAL OR PERSONAL PROPERTY IS LOCATED.  THE  17,662       

                                                          405    


                                                                 
AGENCY SHALL FILE THE LIEN WITH THE COUNTY RECORDER OF THE COUNTY  17,663       

IN WHICH THE AGENCY IS LOCATED.  IN RECORDING THE LIEN, IF         17,664       

REGISTERED LAND IS INVOLVED, THE COUNTY RECORDER SHALL TAKE ALL    17,665       

NECESSARY ACTION REQUIRED BY CHAPTER 5309. OF THE REVISED CODE.    17,666       

ONCE FILED, THE LIEN SHALL BE AGAINST ALL REAL AND PERSONAL        17,667       

PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE OBLIGOR THAT   17,668       

IS SITUATED IN THAT COUNTY.  EVERY COURT, THE OFFICE, AND EACH     17,669       

CHILD SUPPORT ENFORCEMENT AGENCY SHALL GIVE FULL FAITH AND CREDIT  17,670       

TO A LIEN ESTABLISHED BY AN AUTHORIZED AGENCY OF ANOTHER STATE     17,671       

THAT IS OF THE TYPE DESCRIBED IN SECTION 3123.67 OF THE REVISED    17,672       

CODE.                                                                           

      Sec. 3123.69.  A CHILD SUPPORT ENFORCEMENT AGENCY SHALL, NO  17,675       

LATER THAN TEN DAYS AFTER FILING A LIEN PURSUANT TO SECTION        17,676       

3123.67 OR 3123.68 OF THE REVISED CODE, SERVE A COPY OF THE LIEN   17,677       

BY REGULAR MAIL ON THE OBLIGOR WHOSE REAL OR PERSONAL PROPERTY IS  17,678       

SUBJECT TO THE LIEN AND THE PERSON OR STATE AGENCY IN POSSESSION   17,679       

OR CONTROL OF ANY REAL OR PERSONAL PROPERTY OF THE OBLIGOR.        17,680       

      Sec. 3123.70.  A LIEN IMPOSED PURSUANT TO SECTIONS 3123.66   17,683       

TO 3123.68 OF THE REVISED CODE SHALL HAVE PRIORITY OVER LIENS,     17,684       

MORTGAGES, SECURITY INTERESTS, OR OTHER TYPES OF ENCUMBRANCES      17,685       

THAT ARE ASSOCIATED WITH THE REAL AND PERSONAL PROPERTY SUBJECT    17,686       

TO THE LIEN IMPOSED BY SECTIONS 3123.66 TO 3123.68 OF THE REVISED               

CODE AND THAT ARISE AFTER THE DATE THE LIEN IS FILED PURSUANT TO   17,688       

THOSE SECTIONS.  A LIEN IMPOSED PURSUANT TO SECTIONS 3123.66 TO    17,689       

3123.68 OF THE REVISED CODE SHALL NOT HAVE PRIORITY OVER LIENS,                 

MORTGAGES, SECURITY INTERESTS, OR OTHER TYPES OF ENCUMBRANCES      17,691       

ASSOCIATED WITH THE REAL AND PERSONAL PROPERTY SUBJECT TO THE      17,692       

LIEN IMPOSED BY SECTIONS 3123.66 TO 3123.68 OF THE REVISED CODE    17,693       

THAT AROSE ON OR BEFORE THE DATE THE LIEN WAS FILED PURSUANT TO    17,694       

SECTIONS 3123.66 TO 3123.68 OF THE REVISED CODE.                   17,695       

      Sec. 3123.71.  THE LIEN FILED WITH THE COUNTY RECORDER       17,698       

SHALL BE EFFECTIVE UNTIL THE COUNTY RECORDER DISCHARGES THE LIEN.  17,699       

THE COUNTY RECORDER SHALL DISCHARGE THE LIEN WITHIN FIVE DAYS      17,700       

AFTER A CHILD SUPPORT ENFORCEMENT AGENCY FILES A NOTICE PURSUANT   17,701       

                                                          406    


                                                                 
TO SECTION 3123.72 OF THE REVISED CODE REQUESTING THAT THE LIEN    17,702       

BE DISCHARGED.                                                                  

      Sec. 3123.72.  A CHILD SUPPORT ENFORCEMENT AGENCY SHALL      17,704       

FILE A NOTICE REQUESTING THAT THE COUNTY RECORDER DISCHARGE THE    17,705       

LIEN IF ONE OF THE FOLLOWING APPLIES:                              17,706       

      (A)  THE LIEN IS SATISFIED THROUGH AN ACTION PURSUANT TO     17,709       

SECTION 3123.74 OF THE REVISED CODE.                                            

      (B)  THE OBLIGOR MAKES FULL PAYMENT OF THE ARREARAGE TO THE  17,711       

OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR,    17,713       

PURSUANT TO SECTIONS 3125.27 TO 3125.30 OF THE REVISED CODE, TO                 

THE CHILD SUPPORT ENFORCEMENT AGENCY THAT IS THE BASIS OF THE      17,714       

LIEN.                                                                           

      (C)  AN APPROPRIATE WITHHOLDING OR DEDUCTION NOTICE OR       17,716       

OTHER APPROPRIATE ORDER DESCRIBED IN SECTION 3121.03, 3121.04,     17,717       

3121.05, 3121.06, OR 3121.12 OF THE REVISED CODE HAS BEEN ISSUED   17,718       

TO COLLECT CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE         17,719       

SUPPORT ORDER THAT WAS IN DEFAULT, AND THE OBLIGOR IS COMPLYING    17,720       

WITH THE NOTICE OR ORDER.                                          17,721       

      (D)  A NEW SUPPORT ORDER HAS BEEN ISSUED OR THE SUPPORT      17,724       

ORDER THAT WAS IN DEFAULT HAS BEEN MODIFIED TO COLLECT CURRENT                  

SUPPORT AND ANY ARREARAGE DUE UNDER THE SUPPORT ORDER THAT WAS IN  17,725       

DEFAULT, AND THE OBLIGOR IS COMPLYING WITH THE NEW OR MODIFIED     17,726       

SUPPORT ORDER.                                                     17,727       

      (E)  THE AGENCY RELEASES THE LIEN PURSUANT TO SECTION        17,729       

3123.76 OF THE REVISED CODE.                                       17,730       

      Sec. 3123.73.  A CHILD SUPPORT ENFORCEMENT AGENCY IS         17,732       

ENTITLED TO HAVE, AND MAY CAUSE, REAL AND PERSONAL PROPERTY        17,734       

SUBJECT TO A LIEN ESTABLISHED PURSUANT TO SECTIONS 3123.66 TO      17,735       

3123.68 OF THE REVISED CODE TO BE SOLD PURSUANT TO SECTION         17,736       

3123.74 OF THE REVISED CODE.                                                    

      Sec. 3123.74.  (A)  TO OBTAIN A SALE OF PROPERTY SUBJECT TO  17,739       

A LIEN ESTABLISHED UNDER SECTIONS 3123.66 TO 3123.68 OF THE                     

REVISED CODE, A CHILD SUPPORT ENFORCEMENT AGENCY SHALL FILE, WITH  17,740       

THE APPROPRIATE COURT OF THE COUNTY IN WHICH THE PROPERTY IS       17,741       

                                                          407    


                                                                 
LOCATED, AS DESCRIBED IN SECTION 3123.741 OF THE REVISED CODE, A   17,742       

COMPLAINT STATING THAT THE AGENCY HAS OBTAINED A LIEN ON REAL AND  17,743       

PERSONAL PROPERTY OF THE OBLIGOR THAT IS LOCATED IN THE COUNTY     17,744       

AND THAT THE AGENCY IS ENTITLED TO HAVE THE PROPERTY SOLD TO       17,745       

OBTAIN CHILD SUPPORT THAT IS IN ARREARS AND SUBSEQUENTLY OVERDUE   17,746       

AND ASKS THE COURT TO ISSUE AN ORDER THAT THE PROPERTY BE SOLD BY  17,747       

AN EXECUTION SALE IN ACCORDANCE WITH CHAPTER 2329. OF THE REVISED  17,749       

CODE.  THE AGENCY SHALL ESTABLISH, TO THE SATISFACTION OF THE      17,750       

COURT, AT A HEARING DESCRIBED IN THIS SECTION THAT THE AGENCY HAS  17,751       

OBTAINED THE LIEN AND IS ENTITLED TO THE REQUESTED ORDER.          17,752       

      (B)  ON RECEIPT OF A COMPLAINT DESCRIBED IN THIS SECTION,    17,755       

THE COURT SHALL CONDUCT A HEARING EXPEDITIOUSLY.  IF, AT THE       17,756       

HEARING, THE COURT DETERMINES THAT IT HAS JURISDICTION IN THE      17,757       

MATTER IN ACCORDANCE WITH SECTION 3123.741 OF THE REVISED CODE     17,758       

AND THAT THE CHILD SUPPORT ENFORCEMENT AGENCY HAS OBTAINED A LIEN  17,759       

PURSUANT TO SECTIONS 3123.66 TO 3123.68 OF THE REVISED CODE AND    17,760       

IS ENTITLED TO HAVE THE REAL AND PERSONAL PROPERTY OF THE OBLIGOR  17,761       

IN THE COUNTY SOLD BY EXECUTION SALE TO OBTAIN THE CHILD SUPPORT   17,762       

THAT IS IN ARREARS AND SUBSEQUENTLY OVERDUE, THE COURT SHALL       17,763       

ISSUE AN ORDER THAT THE PROPERTY BE SOLD BY EXECUTION SALE IN      17,764       

ACCORDANCE WITH CHAPTER 2329. OF THE REVISED CODE.                 17,765       

      Sec. 3123.741.  THE COMPLAINT DESCRIBED IN SECTION 3123.74   17,767       

OF THE REVISED CODE SHALL BE FILED IN THE COURT AS FOLLOWS:        17,768       

      (A)  IF THE CHILD SUPPORT IN ARREARS WAS ORDERED BY A COURT  17,771       

IN THE COUNTY IN WHICH THE PROPERTY IN QUESTION IS LOCATED, IN     17,772       

THAT COURT;                                                                     

      (B)  IF THE CHILD SUPPORT IN ARREARS WAS ORDERED BY A COURT  17,775       

OF ANOTHER STATE OR BY A COURT LOCATED IN A COUNTY OTHER THAN THE  17,776       

COUNTY IN WHICH THE PROPERTY IN QUESTION IS LOCATED, THE COURT OF  17,777       

COMMON PLEAS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED.       17,778       

      Sec. 3123.75.  A SALE OF REAL OR PERSONAL PROPERTY PURSUANT  17,780       

TO SECTION 3123.74 OF THE REVISED CODE EXTINGUISHES THE LIEN       17,781       

ASSOCIATED WITH THE PROPERTY.                                      17,782       

      Sec. 3123.76.  A CHILD SUPPORT ENFORCEMENT AGENCY MAY AT     17,784       

                                                          408    


                                                                 
ANY TIME RELEASE A LIEN IMPOSED PURSUANT TO SECTIONS 3123.66 TO    17,785       

3123.68 OF THE REVISED CODE, ON ALL OR PART OF THE PROPERTY OF     17,787       

THE OBLIGOR, OR RETURN SEIZED PROPERTY WITHOUT LIABILITY, IF       17,788       

ASSURANCE OF PAYMENT IS DEEMED ADEQUATE BY THE AGENCY, OR THE      17,789       

RELEASE WILL FACILITATE THE COLLECTION OF THE ARREARAGE FOR WHICH  17,790       

THE LIEN WAS IMPOSED.  THE RELEASE OR RETURN SHALL NOT OPERATE TO  17,791       

PREVENT FUTURE ACTION TO COLLECT THE ARREARAGE.                    17,792       

      Sec. 3123.77.  ANY PERSON OR STATE AGENCY, AFTER SERVICE     17,795       

DESCRIBED IN SECTION 3123.69 OF THE REVISED CODE, THAT RELEASES,                

SELLS, TRANSFERS, OR CONVEYS REAL OR PERSONAL PROPERTY SUBJECT TO  17,797       

THE LIEN TO OR FOR THE BENEFIT OF THE OBLIGOR OR ANY OTHER PERSON  17,798       

OR FAILS OR REFUSES TO SURRENDER PROPERTY FOR THE EXECUTION SALE                

PURSUANT TO SECTION 3123.74 OF THE REVISED CODE SHALL BE LIABLE    17,799       

FOR THE SUPPORT ARREARAGES THAT ARE THE BASIS OF THE LIEN PLUS     17,800       

COSTS, INTEREST, AND REASONABLE ATTORNEY'S FEES OF THE OPPOSING    17,801       

PARTY.                                                                          

      Sec. 3123.78.  OBTAINING A LIEN UNDER SECTIONS 3123.66 TO    17,803       

3123.68 OF THE REVISED CODE DOES NOT AFFECT ANY OTHER LEGAL        17,805       

REMEDIES AVAILABLE AGAINST OBLIGORS OR THEIR PROPERTY BY PERSONS   17,806       

ENTITLED TO RECEIVE CHILD SUPPORT THAT IS IN ARREARS OR OTHERWISE  17,807       

DUE, INCLUDING THE USE OF A JUDGMENT LIEN UNDER CHAPTER 2329. OF   17,808       

THE REVISED CODE.                                                               

      Sec. 5101.32 3123.81.  The division OFFICE of child support  17,818       

created in the department of human services under section 5101.31  17,819       

of the Revised Code shall work with the secretary of the treasury  17,820       

to collect past-due child support from refunds of paid federal     17,821       

taxes that are payable to the individual who owes the past-due                  

support in accordance with section 664 of Title IV-D of the        17,822       

"Social Security Act," 95 Stat. 860 (1981), 42 U.S.C. 664, as      17,823       

amended.  The division DEPARTMENT OF HUMAN SERVICES shall adopt    17,825       

rules in accordance with Chapter 119. of the Revised Code to                    

establish procedures necessary to obtain payments of past-due      17,826       

support from federal tax overpayments made to the secretary.       17,827       

      Sec. 3123.82.  AS USED IN SECTIONS 3123.82 TO 3123.823 OF    17,829       

                                                          409    


                                                                 
THE REVISED CODE, "OBLIGOR" MEANS A PERSON WHO OWES "OVERDUE       17,831       

SUPPORT," AS DEFINED IN SECTION 666 OF TITLE IV-D OF THE "SOCIAL   17,832       

SECURITY ACT," 98 STAT. 1306 (1984), 42 U.S.C. 666, AS AMENDED,    17,833       

AND ANY RULES PROMULGATED UNDER TITLE IV-D.                        17,834       

      Sec. 3123.821.  THE OFFICE OF CHILD SUPPORT CREATED IN THE   17,837       

DEPARTMENT OF HUMAN SERVICES UNDER SECTION 3125.02 OF THE REVISED               

CODE SHALL WORK WITH THE TAX COMMISSIONER TO COLLECT OVERDUE       17,839       

CHILD SUPPORT FROM REFUNDS OF PAID STATE INCOME TAXES UNDER        17,840       

CHAPTER 5747. OF THE REVISED CODE THAT ARE PAYABLE TO OBLIGORS.                 

      Sec. 3123.822.  NO OVERDUE CHILD SUPPORT SHALL BE COLLECTED  17,842       

FROM REFUNDS OF PAID STATE INCOME TAXES UNLESS ALL OF THE          17,843       

FOLLOWING CONDITIONS ARE MET:                                      17,844       

      (A)  ANY REDUCTION AUTHORIZED BY SECTION 5747.12 OF THE      17,847       

REVISED CODE HAS FIRST BEEN MADE, EXCEPT AS OTHERWISE PROVIDED IN  17,848       

THIS SECTION.                                                      17,849       

      (B)  THE REFUND PAYABLE TO THE OBLIGOR IS NOT LESS THAN      17,851       

TWENTY-FIVE DOLLARS AFTER ANY REDUCTION PURSUANT TO SECTION        17,852       

5747.12 OF THE REVISED CODE.                                       17,853       

      (C)  THE OBLIGOR IS NOT LESS THAN THREE MONTHS IN ARREARS    17,855       

IN THE OBLIGOR'S PAYMENT OF CHILD SUPPORT, AND THE AMOUNT OF THE   17,856       

ARREARAGE IS NOT LESS THAN ONE HUNDRED FIFTY DOLLARS.              17,857       

      OVERDUE CHILD SUPPORT SHALL BE COLLECTED FROM SUCH REFUNDS   17,859       

BEFORE ANY PART OF THE REFUND IS USED AS A CONTRIBUTION PURSUANT   17,860       

TO SECTION 5747.113 OF THE REVISED CODE.  OVERDUE CHILD SUPPORT    17,861       

SHALL BE COLLECTED FROM SUCH REFUNDS BEFORE THE REFUND OR ANY      17,862       

PART OF THE REFUND IS CREDITED AGAINST TAX DUE IN ANY SUBSEQUENT   17,863       

YEAR PURSUANT TO SECTION 5747.12 OF THE REVISED CODE,              17,864       

NOTWITHSTANDING THE CONSENT OF THE OBLIGOR FOR SUCH CREDITING.     17,865       

      Sec. 3123.823.  THE DEPARTMENT OF HUMAN SERVICES, IN         17,867       

CONJUNCTION WITH THE TAX COMMISSIONER, SHALL ADOPT RULES,          17,868       

PURSUANT TO CHAPTER 119. OF THE REVISED CODE, TO ESTABLISH         17,869       

PROCEDURES TO IMPLEMENT SECTIONS 3123.82 TO 3123.823 OF THE                     

REVISED CODE.  THESE PROCEDURES SHALL EMBODY PRINCIPLES OF DUE     17,870       

PROCESS OF LAW, INCLUDING, BUT NOT LIMITED TO, NOTICES TO          17,871       

                                                          410    


                                                                 
INTERESTED PARTIES AND OPPORTUNITIES TO BE HEARD PRIOR TO THE      17,872       

REDUCTION OF ANY STATE INCOME TAX REFUND.                          17,873       

      Sec. 5101.326 3123.85.  The division OFFICE of child         17,883       

support in the department of human services may ask the secretary               

of the treasury for, and may enter into a reciprocal agreement     17,885       

with the secretary to obtain, administrative offsets to collect    17,886       

past due child support amounts in accordance with the "Debt                     

Collection Improvement Act of 1996," 110 Stat. 1321, 31 U.S.C.     17,887       

3716(a) and (h).  The division OFFICE shall adopt rules in         17,888       

accordance with Chapter 119. of the Revised Code to establish      17,889       

procedures necessary to receive the administrative offsets.        17,890       

      Sec. 3123.87.  (A)  AS USED IN THIS SECTION, "PRISON,"       17,893       

"PRISON TERM," AND "JAIL" HAVE THE SAME MEANINGS AS IN SECTION                  

2929.01 OF THE REVISED CODE.                                       17,894       

      (B)  NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE,  17,896       

INCLUDING SECTIONS 5145.16 AND 5147.30 OF THE REVISED CODE, AND    17,897       

EXCEPT AS PROVIDED IN SECTION 3121.08 OF THE REVISED CODE,                      

TWENTY-FIVE PER CENT OF ANY MONEY EARNED PURSUANT TO SECTION       17,898       

5145.16 OR 5147.30 OF THE REVISED CODE BY A PRISONER IN A PRISON   17,899       

OR JAIL WHO IS AN OBLIGOR IN DEFAULT UNDER A CHILD SUPPORT ORDER   17,900       

ACCORDING TO THE RECORDS OF THE CHILD SUPPORT ENFORCEMENT AGENCY   17,901       

ADMINISTERING THE ORDER, SHALL BE PAID TO THE AGENCY FOR           17,902       

DISTRIBUTION TO THE OBLIGEE UNDER THE ORDER.                                    

      Sec. 5101.327 3123.88.  (A)  As used in this section,        17,911       

"support order" has the same meaning as in section 2301.34 of the  17,913       

Revised Code.  The requirements of this section are effective on   17,915       

the earlier of the date that all support orders have been          17,916       

converted to the automated data processing system under section    17,917       

5101.322 3125.07 of the Revised Code and the division OFFICE of    17,919       

child support in the department of human services authorizes       17,920       

centralized collection and disbursement of support amounts under   17,921       

the support order pursuant to the rules adopted under division     17,922       

(F)(1) of section 5101.325 3121.71 of the Revised Code or July 1,  17,924       

1999.                                                                           

                                                          411    


                                                                 
      (B)  The director of commerce shall provide the division     17,926       

OFFICE no later than the first day of March of each year, the      17,928       

name, address, social security number, if the social security      17,929       

number is available, and any other identifying information for     17,930       

any individual included in a request sent by the division OFFICE   17,931       

pursuant to division (C) of this section who has unclaimed funds   17,933       

delivered or reported to the state under Chapter 169. of the       17,934       

Revised Code.                                                                   

      (C)  The division OFFICE shall, no later than the first day  17,936       

of February of each year, send to the director of commerce a       17,938       

request containing the name, address, and social security number   17,939       

of all obligors in default under a support order being             17,940       

administered by a child support enforcement agency of this state   17,941       

and requests that the director provide information to the                       

division OFFICE as required in division (B) of this section.  If   17,943       

the information the director provides identifies or results in     17,944       

identifying unclaimed funds held by the state for an obligor in    17,945       

default, the division OFFICE shall file a claim under section      17,946       

169.08 of the Revised Code to recover the unclaimed funds.  If     17,948       

the director allows the claim, the director shall pay the claim    17,949       

directly to the division OFFICE.  The director shall not disallow  17,950       

a claim made by the division OFFICE because the division OFFICE    17,951       

is not the owner of the unclaimed funds according to the report    17,952       

made pursuant to section 169.03 of the Revised Code.                            

      (D)  The department of human services, in consultation with  17,954       

the department of commerce, may adopt rules in accordance with     17,955       

Chapter 119. of the Revised Code to aid in implementation of this  17,956       

section.                                                                        

      Sec. 3123.91.  AS USED IN SECTIONS 3123.91 TO 3123.932 OF    17,958       

THE REVISED CODE, "CONSUMER REPORTING AGENCY" MEANS ANY PERSON     17,959       

THAT, FOR MONETARY FEES, DUES, OR ON A COOPERATIVE NONPROFIT       17,960       

BASIS, REGULARLY ENGAGES IN WHOLE OR IN PART IN THE PRACTICE OF    17,961       

ASSEMBLING OR EVALUATING CONSUMER CREDIT INFORMATION OR OTHER      17,962       

INFORMATION ON CONSUMERS FOR THE PURPOSE OF FURNISHING CONSUMER    17,963       

                                                          412    


                                                                 
REPORTS TO THIRD PARTIES AND THAT USES ANY MEANS OR FACILITY OF    17,964       

INTERSTATE COMMERCE FOR THE PURPOSE OF PREPARING OR FURNISHING     17,965       

CONSUMER REPORTS.                                                               

      Sec. 3123.92.  IF A COURT OR CHILD SUPPORT ENFORCEMENT       17,967       

AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO     17,968       

SECTIONS 3123.02 TO 3123.071 OF THE REVISED CODE THAT AN OBLIGOR   17,969       

IS IN DEFAULT UNDER A SUPPORT ORDER, THE CHILD SUPPORT             17,970       

ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER SHALL CONTACT   17,971       

AT LEAST ONE CONSUMER REPORTING AGENCY IN THIS STATE AND PROVIDE   17,972       

TO THE CONSUMER REPORTING AGENCY THE OBLIGOR'S NAME, ADDRESS, AND  17,973       

SOCIAL SECURITY NUMBER OR OTHER IDENTIFICATION NUMBER AND ANY      17,974       

OTHER IDENTIFYING INFORMATION CONCERNING THE OBLIGOR THE CHILD     17,975       

SUPPORT ENFORCEMENT AGENCY HAS.  A CHILD SUPPORT ENFORCEMENT       17,976       

AGENCY SHALL NOT CHARGE A CONSUMER REPORTING AGENCY A FEE FOR      17,977       

INFORMATION PROVIDED BY THE CHILD SUPPORT ENFORCEMENT AGENCY       17,978       

PURSUANT TO THIS SECTION.                                                       

      Sec. 3123.921.  IF A CHILD SUPPORT ENFORCEMENT AGENCY        17,980       

CONTACTS A CONSUMER REPORTING AGENCY AND IF THE OBLIGOR PAYS THE   17,981       

ENTIRE ARREARAGE UNDER THE SUPPORT ORDER THAT IS THE BASIS FOR     17,982       

THE DETERMINATION OF DEFAULT, BOTH OF THE FOLLOWING APPLY:         17,983       

      (A)  THE OBLIGOR MAY GIVE EACH CONSUMER REPORTING AGENCY     17,985       

CONTACTED A WRITTEN NOTICE THAT THE ARREARAGE HAS BEEN PAID IN     17,986       

FULL AND MAY REQUEST THAT THE CHILD SUPPORT ENFORCEMENT AGENCY     17,987       

GIVE EACH CONSUMER REPORTING AGENCY THAT WAS CONTACTED A WRITTEN   17,988       

CONFIRMATION THAT THE ARREARAGE HAS BEEN PAID IN FULL.  THE        17,989       

CONSUMER REPORTING AGENCY SHALL NOT RECORD THE FULL PAYMENT OF     17,990       

THE OBLIGOR'S ARREARAGE UNTIL THE CHILD SUPPORT ENFORCEMENT        17,991       

AGENCY CONFIRMS THE PAYMENT.                                       17,992       

      (B)  IF THE OBLIGOR REQUESTS THAT THE CHILD SUPPORT          17,994       

ENFORCEMENT AGENCY CONFIRM THAT THE ARREARAGE HAS BEEN PAID IN     17,995       

FULL, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL GIVE EACH         17,996       

CONSUMER REPORTING AGENCY CONTACTED WRITTEN CONFIRMATION THAT THE  17,998       

ARREARAGE HAS BEEN PAID IN FULL.                                                

      Sec. 3123.93.  ANY CONSUMER REPORTING AGENCY MAY CONTACT     18,000       

                                                          413    


                                                                 
THE OFFICE OF CHILD SUPPORT AND REQUEST INFORMATION AS TO WHETHER  18,001       

A SPECIFIED PERSON IS REQUIRED TO PAY SUPPORT UNDER A SUPPORT      18,002       

ORDER.  THE REQUEST SHALL INCLUDE THE PERSON'S NAME, THE PERSON'S  18,004       

ADDRESS AND SOCIAL SECURITY OR OTHER IDENTIFICATION NUMBER, IF     18,005       

KNOWN, AND ANY OTHER IDENTIFYING INFORMATION RELATIVE TO THE       18,006       

PERSON THAT IS KNOWN BY THE AGENCY.                                             

      Sec. 3123.931.  ON RECEIPT OF THE REQUEST, THE OFFICE OF     18,008       

CHILD SUPPORT SHALL REVIEW THE CASE REGISTRY CREATED PURSUANT TO   18,009       

SECTION 3121.81 OF THE REVISED CODE TO DETERMINE IF THE PERSON IS  18,011       

REQUIRED TO PAY SUPPORT UNDER A SUPPORT ORDER.                                  

      Sec. 3123.932.  IF THE OFFICE OF CHILD SUPPORT, ON           18,013       

CONDUCTING ITS REVIEW, DETERMINES THAT THE PERSON IS INCLUDED IN   18,014       

THE CASE REGISTRY, IT SHALL PROVIDE THE CONSUMER REPORTING AGENCY  18,015       

WITH A REPORT THAT SETS FORTH THE NAME OF THE PERSON WHO IS THE    18,016       

SUBJECT OF THE REQUEST, A STATEMENT THAT THE PERSON IS REQUIRED    18,017       

TO MAKE SUPPORT PAYMENTS UNDER ONE OR MORE SUPPORT ORDERS, THE     18,019       

NAME OF THE COURTS OR CHILD SUPPORT ENFORCEMENT AGENCIES THAT      18,020       

ISSUED THE SUPPORT ORDERS, THE COUNTIES IN WHICH THOSE COURTS OR   18,021       

AGENCIES ARE LOCATED, AND WHETHER ANY OF THE SUPPORT ORDERS ARE    18,022       

BEING ADMINISTERED BY A CHILD SUPPORT ENFORCEMENT AGENCY.          18,023       

      Sec. 3123.95.  THE OFFICE OF CHILD SUPPORT IN THE            18,026       

DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH A PROGRAM TO                       

INCREASE CHILD SUPPORT COLLECTIONS BY PUBLISHING AND DISTRIBUTING  18,027       

A SERIES OF POSTERS DISPLAYING CHILD SUPPORT OBLIGORS WHO ARE      18,028       

DELINQUENT IN THEIR SUPPORT PAYMENTS.                              18,029       

      Sec. 3123.951.  ANY CHILD SUPPORT ENFORCEMENT AGENCY THAT    18,031       

CHOOSES TO PARTICIPATE IN THE POSTER PROGRAM ESTABLISHED BY THE    18,032       

OFFICE OF CHILD SUPPORT MAY SUBMIT NAMES OF OBLIGORS THAT MEET     18,033       

THE CRITERIA IN SECTION 3123.952 OF THE REVISED CODE TO THE        18,034       

OFFICE.  THE OFFICE SHALL SELECT OBLIGORS TO BE DISPLAYED ON A     18,035       

POSTER FROM THE NAMES SUBMITTED BY THE AGENCIES.                   18,036       

      Sec. 3123.952.  A CHILD SUPPORT ENFORCEMENT AGENCY MAY       18,038       

SUBMIT THE NAME OF A DELINQUENT OBLIGOR TO THE OFFICE OF CHILD     18,039       

SUPPORT FOR INCLUSION ON A POSTER ONLY IF ALL OF THE FOLLOWING     18,040       

                                                          414    


                                                                 
APPLY:                                                                          

      (A)  THE OBLIGOR IS SUBJECT TO A SUPPORT ORDER AND THERE     18,042       

HAS BEEN AN ATTEMPT TO ENFORCE THE ORDER THROUGH A PUBLIC NOTICE,  18,043       

A WAGE WITHHOLDING ORDER, A LIEN ON PROPERTY, A FINANCIAL          18,044       

INSTITUTION DEDUCTION ORDER, OR OTHER COURT-ORDERED PROCEDURES.    18,045       

      (B)  THE DEPARTMENT OF HUMAN SERVICES REVIEWED THE           18,047       

OBLIGOR'S RECORDS AND CONFIRMS THE CHILD SUPPORT ENFORCEMENT       18,048       

AGENCY'S FINDING THAT THE OBLIGOR'S NAME AND PHOTOGRAPH MAY BE     18,049       

SUBMITTED TO BE DISPLAYED ON A POSTER.                             18,050       

      (C)  THE AGENCY DOES NOT KNOW OR IS UNABLE TO VERIFY THE     18,052       

OBLIGOR'S WHEREABOUTS.                                             18,053       

      (D)  THE OBLIGOR IS NOT A PARTICIPANT IN OHIO WORKS FIRST    18,055       

OR THE PREVENTION, RETENTION, AND CONTINGENCY PROGRAM OR A         18,056       

RECIPIENT OF DISABILITY ASSISTANCE, SUPPLEMENTAL SECURITY INCOME,  18,057       

OR FOOD STAMPS.                                                    18,058       

      (E)  THE CHILD SUPPORT ENFORCEMENT AGENCY DOES NOT HAVE      18,060       

EVIDENCE THAT THE OBLIGOR HAS FILED FOR PROTECTION UNDER THE       18,061       

FEDERAL BANKRUPTCY CODE, 11 U.S.C.A. 101, AS AMENDED.              18,062       

      (F)  THE OBLIGEE GAVE WRITTEN AUTHORIZATION TO THE AGENCY    18,064       

TO DISPLAY THE OBLIGOR ON A POSTER.                                18,065       

      (G)  A LEGAL REPRESENTATIVE OF THE AGENCY AND A CHILD        18,067       

SUPPORT ENFORCEMENT ADMINISTRATOR REVIEWED THE CASE.               18,068       

      (H)  THE AGENCY IS ABLE TO SUBMIT TO THE DEPARTMENT A        18,070       

DESCRIPTION AND PHOTOGRAPH OF THE OBLIGOR, A STATEMENT OF THE      18,071       

POSSIBLE LOCATIONS OF THE OBLIGOR, AND ANY OTHER INFORMATION       18,072       

REQUIRED BY THE DEPARTMENT.                                        18,073       

      Sec. 3123.953.  WHEN A CHILD SUPPORT ENFORCEMENT AGENCY      18,076       

SUBMITS THE NAME OF AN OBLIGOR TO THE OFFICE OF CHILD SUPPORT      18,077       

UNDER SECTION 3123.951 OF THE REVISED CODE, IT ALSO SHALL SUBMIT                

THE PHOTOGRAPH AND INFORMATION DESCRIBED IN DIVISION (H) OF        18,079       

SECTION 3123.952 OF THE REVISED CODE.                                           

      Sec. 3123.954.  A CHILD SUPPORT ENFORCEMENT AGENCY SHALL     18,081       

NOT SUBMIT TO THE OFFICE OF CHILD SUPPORT THE ADDRESS OF THE       18,082       

OBLIGEE OR ANY OTHER PERSONAL INFORMATION ABOUT THE OBLIGEE WHEN   18,083       

                                                          415    


                                                                 
THE AGENCY SUBMITS THE NAME OF THE OBLIGOR UNDER SECTION 3123.951  18,084       

OF THE REVISED CODE.                                                            

      Sec. 3123.955.  A CHILD SUPPORT ENFORCEMENT AGENCY SHALL     18,086       

DETERMINE WHETHER ANY OBLIGOR WHOSE NAME WAS SUBMITTED TO BE       18,087       

DISPLAYED ON A POSTER HAS MET ALL THE CONDITIONS OF SECTION        18,088       

3123.956 OF THE REVISED CODE.  IF IT DETERMINES THAT AN OBLIGOR    18,089       

HAS DONE SO, IT SHALL GIVE THE OFFICE OF CHILD SUPPORT NOTICE OF   18,090       

ITS DETERMINATION.  ON RECEIPT OF THE NOTICE FROM THE AGENCY, THE  18,091       

OFFICE SHALL REMOVE THE OBLIGOR FROM THE LIST OF OBLIGORS          18,092       

SUBMITTED BY THAT AGENCY BEFORE MAKING THE FINAL SELECTION OF      18,093       

OBLIGORS FOR THE POSTER.                                                        

      Sec. 3123.956.  THE OFFICE OF CHILD SUPPORT SHALL SEND       18,095       

NOTICE TO EACH OBLIGOR WHOSE NAME WAS SUBMITTED TO BE DISPLAYED    18,096       

ON THE POSTER CREATED BY THE OFFICE.  THE NOTICE SHALL BE SENT BY  18,098       

REGULAR MAIL TO THE OBLIGOR'S LAST KNOWN ADDRESS AND SHALL STATE   18,099       

THAT THE OBLIGOR MAY AVOID BEING INCLUDED ON THE POSTER BY DOING   18,100       

ALL OF THE FOLLOWING WITHIN NINETY DAYS AFTER RECEIPT OF THE       18,101       

NOTICE:                                                                         

      (A)  MAKE A PAYMENT TO THE OFFICE OF CHILD SUPPORT OR,       18,104       

PURSUANT TO SECTIONS 3125.27 TO 3125.30 OF THE REVISED CODE, TO                 

THE CHILD SUPPORT ENFORCEMENT AGENCY THAT IS AT LEAST EQUAL TO     18,106       

THE AMOUNT OF SUPPORT THE OBLIGOR IS REQUIRED TO PAY EACH MONTH    18,107       

UNDER THE SUPPORT ORDER;                                                        

      (B)  PROVIDE THE CHILD SUPPORT ENFORCEMENT AGENCY WITH THE   18,109       

OBLIGOR'S CURRENT ADDRESS;                                         18,110       

      (C)  PROVIDE THE AGENCY WITH EVIDENCE FROM EACH OF THE       18,112       

OBLIGOR'S CURRENT EMPLOYERS OF THE OBLIGOR'S CURRENT WAGES,        18,113       

SALARY, AND OTHER COMPENSATION;                                    18,114       

      (D)  PROVIDE THE AGENCY WITH EVIDENCE THAT THE OBLIGOR HAS   18,116       

ARRANGED FOR WITHHOLDING FROM THE OBLIGOR'S WAGES, SALARY, OR      18,117       

OTHER COMPENSATION TO PAY SUPPORT AND FOR PAYMENT OF ARREARAGES.   18,118       

      Sec. 3123.957.  EACH POSTER CREATED BY THE OFFICE OF CHILD   18,120       

SUPPORT SHALL DISPLAY PHOTOGRAPHS OF, AND INFORMATION ABOUT, TEN   18,121       

OBLIGORS WHO ARE LIABLE FOR SUPPORT ARREARAGES AND WHOSE           18,122       

                                                          416    


                                                                 
WHEREABOUTS ARE UNKNOWN TO CHILD SUPPORT ENFORCEMENT AGENCIES.     18,123       

EACH POSTER SHALL LIST A TOLL-FREE TELEPHONE NUMBER FOR THE        18,124       

OFFICE THAT MAY BE CALLED TO REPORT INFORMATION REGARDING THE      18,125       

WHEREABOUTS OF ANY OF THE OBLIGORS DISPLAYED ON A POSTER.  THE     18,126       

OFFICE MAY INCLUDE ANY OTHER INFORMATION ON THE POSTER THAT IT     18,127       

CONSIDERS APPROPRIATE.                                             18,128       

      Sec. 3123.958.  THE OFFICE OF CHILD SUPPORT SHALL PUBLISH    18,130       

AND DISTRIBUTE THE FIRST SET OF POSTERS THROUGHOUT THE STATE NOT   18,131       

LATER THAN OCTOBER 1, 1992.  THE OFFICE SHALL PUBLISH AND          18,132       

DISTRIBUTE SUBSEQUENT SETS OF POSTERS NOT LESS THAN TWICE          18,133       

ANNUALLY.                                                                       

      Sec. 3123.959.  THE OFFICE OF CHILD SUPPORT SHALL USE FUNDS  18,135       

APPROPRIATED BY THE GENERAL ASSEMBLY FOR CHILD SUPPORT             18,136       

ADMINISTRATION TO CONDUCT THE POSTER PROGRAM UNDER SECTIONS        18,137       

3123.95 TO 3123.9510 OF THE REVISED CODE.                                       

      Sec. 3123.9510.  IN ACCORDANCE WITH CHAPTER 119. OF THE      18,139       

REVISED CODE, THE OFFICE OF CHILD SUPPORT SHALL ADOPT RULES FOR    18,140       

THE OPERATION OF THE POSTER PROGRAM ESTABLISHED BY THE OFFICE.     18,141       

THE RULES SHALL SPECIFY THE FOLLOWING:                             18,142       

      (A)  CRITERIA AND PROCEDURES FOR THE OFFICE TO USE IN        18,144       

REVIEWING THE NAMES OF OBLIGORS SUBMITTED BY CHILD SUPPORT         18,145       

ENFORCEMENT AGENCIES TO BE DISPLAYED ON A POSTER AND IN SELECTING  18,146       

THE DELINQUENT OBLIGORS TO BE INCLUDED ON A POSTER;                18,147       

      (B)  PROCEDURES FOR PROVIDING THE NOTICE SPECIFIED IN        18,149       

SECTION 3123.956 OF THE REVISED CODE;                              18,150       

      (C)  ANY OTHER PROCEDURES NECESSARY FOR THE OPERATION OF     18,152       

THE POSTER PROGRAM.                                                18,153       

      Sec. 3123.96.  A CHILD SUPPORT ENFORCEMENT AGENCY MAY        18,155       

ESTABLISH A PROGRAM TO INCREASE CHILD SUPPORT COLLECTIONS BY       18,156       

PUBLISHING AND DISTRIBUTING A SERIES OF POSTERS DISPLAYING CHILD   18,157       

SUPPORT OBLIGORS WHO ARE DELINQUENT IN THEIR SUPPORT PAYMENTS.     18,158       

      Sec. 3123.961.  EACH POSTER DESCRIBED IN SECTION 3123.96 OF  18,160       

THE REVISED CODE SHALL DISPLAY PHOTOGRAPHS OF, AND INFORMATION     18,161       

ABOUT, TEN OBLIGORS WHO ARE LIABLE FOR SUPPORT ARREARAGES AND      18,162       

                                                          417    


                                                                 
WHOSE WHEREABOUTS ARE UNKNOWN TO THE CHILD SUPPORT ENFORCEMENT     18,163       

AGENCY.  EACH POSTER SHALL LIST A TOLL-FREE TELEPHONE NUMBER THAT  18,165       

MAY BE CALLED TO REPORT INFORMATION REGARDING THE WHEREABOUTS OF   18,166       

ANY OF THE OBLIGORS DISPLAYED ON THE POSTER.  THE AGENCY MAY       18,167       

INCLUDE ANY OTHER INFORMATION ON THE POSTER THAT IT CONSIDERS      18,168       

APPROPRIATE.                                                                    

      Sec. 3123.962.  A CHILD SUPPORT ENFORCEMENT AGENCY SHALL     18,170       

SELECT OBLIGORS FOR INCLUSION ON A POSTER FROM OBLIGORS THAT MEET  18,171       

THE CRITERIA IN SECTION 3123.952 OF THE REVISED CODE.  THE AGENCY  18,172       

SHALL SEND NOTICE TO EACH OBLIGOR WHOSE NAME IS BEING CONSIDERED   18,173       

FOR DISPLAY ON A POSTER.  THE NOTICE SHALL BE SENT BY REGULAR      18,174       

MAIL TO THE OBLIGOR'S LAST KNOWN ADDRESS AND SHALL INCLUDE THE     18,175       

INFORMATION SPECIFIED IN SECTION 3123.956 OF THE REVISED CODE.     18,176       

      Sec. 3123.99.  WHOEVER VIOLATES SECTION 3123.20 OF THE       18,178       

REVISED CODE SHALL BE FINED NOT LESS THAN FIFTY NOR MORE THAN TWO  18,179       

HUNDRED DOLLARS AND IMPRISONED NOT LESS THAN TEN NOR MORE THAN     18,180       

THIRTY DAYS.                                                                    

      Sec. 3125.01.  AS USED IN THIS CHAPTER:                      18,182       

      (A)  "SUPPORT ORDER" MEANS EITHER AN ADMINISTRATIVE CHILD    18,184       

SUPPORT ORDER OR A COURT SUPPORT ORDER.                            18,185       

      (B)  "TITLE IV-D CASE" MEANS ANY CASE IN WHICH THE CHILD     18,189       

SUPPORT ENFORCEMENT AGENCY IS ENFORCING THE CHILD SUPPORT ORDER    18,190       

PURSUANT TO TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT.      18,196       

2351 (1975), 42 U.S.C. 651, AS AMENDED.                            18,198       

      Sec. 3125.02.  THE OFFICE OF CHILD SUPPORT IS HEREBY         18,200       

CREATED IN THE DEPARTMENT OF HUMAN SERVICES.                       18,201       

      Sec. 3125.03.  THE OFFICE OF CHILD SUPPORT SHALL ESTABLISH   18,204       

AND ADMINISTER A PROGRAM OF CHILD SUPPORT ENFORCEMENT THAT MEETS   18,205       

THE REQUIREMENTS OF TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88    18,206       

STAT. 2351 (1975), 42 U.S.C. 651, AS AMENDED, AND ANY RULES        18,208       

ADOPTED UNDER TITLE IV-D.  THE PROGRAM OF CHILD SUPPORT            18,210       

ENFORCEMENT SHALL INCLUDE THE LOCATION OF ABSENT PARENTS,          18,211       

ESTABLISHMENT OF PARENTAGE, ESTABLISHMENT AND MODIFICATION OF      18,212       

CHILD SUPPORT ORDERS AND MEDICAL SUPPORT ORDERS, ENFORCEMENT OF    18,213       

                                                          418    


                                                                 
SUPPORT ORDERS, COLLECTION OF SUPPORT OBLIGATIONS, AND ANY OTHER   18,214       

ACTIONS APPROPRIATE TO CHILD SUPPORT ENFORCEMENT.                  18,215       

      ABSENT PARENTS SHALL BE LOCATED FOR ANY PURPOSE UNDER THE    18,218       

CHILD SUPPORT ENFORCEMENT PROGRAM AND FOR PURPOSES OF              18,219       

ESTABLISHING AND ENFORCING ORDERS ALLOCATING PARENTAL RIGHTS AND                

RESPONSIBILITIES BETWEEN PARENTS CONCERNING THEIR CHILDREN AND     18,220       

ESTABLISHING AND ENFORCING PARENTING TIME ORDERS CONCERNING THE    18,221       

CHILDREN.                                                                       

      Sec. 3125.04.  AS PART OF ITS EFFORTS TO ESTABLISH           18,223       

PARENTAGE, THE OFFICE OF CHILD SUPPORT SHALL DEVELOP A PROGRAM TO  18,225       

PUBLICIZE THE STATE PROCEDURES FOR ESTABLISHING THE EXISTENCE OF                

A PARENT AND CHILD RELATIONSHIP AND THE ADVANTAGES OF              18,226       

ESTABLISHING SUCH A RELATIONSHIP.  THE OFFICE MAY REQUIRE ANY      18,227       

BOARD, COMMISSION, OR AGENCY OF THE STATE TO PARTICIPATE IN THE    18,228       

PUBLICITY PROGRAM.                                                              

      Sec. 3125.05.  THE OFFICE OF CHILD SUPPORT SHALL ESTABLISH,  18,230       

BY RULE ADOPTED PURSUANT TO CHAPTER 119. OF THE REVISED CODE, A    18,231       

PROGRAM OF SPOUSAL SUPPORT ENFORCEMENT IN CONJUNCTION WITH CHILD   18,232       

SUPPORT ENFORCEMENT.  THE PROGRAM SHALL CONFORM, TO THE EXTENT     18,233       

PRACTICABLE, TO THE PROGRAM FOR CHILD SUPPORT ENFORCEMENT          18,234       

ESTABLISHED PURSUANT TO SECTION 3125.03 OF THE REVISED CODE.       18,235       

      Sec. 3125.06.  THE DEPARTMENT OF HUMAN SERVICES SHALL ENTER  18,237       

INTO AN AGREEMENT WITH THE SECRETARY OF HEALTH AND HUMAN           18,238       

SERVICES, AS AUTHORIZED BY THE "PARENTAL KIDNAPPING PREVENTION     18,240       

ACT OF 1980," 94 STAT. 3572, 42 U.S.C. 663, AS AMENDED, UNDER      18,241       

WHICH THE SERVICES OF THE PARENT LOCATER SERVICE ESTABLISHED       18,242       

PURSUANT TO TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT.      18,244       

2351 (1975), 42 U.S.C. 651, AS AMENDED, ARE MADE AVAILABLE TO      18,246       

THIS STATE FOR THE FOLLOWING PURPOSES:                             18,247       

      (A)  DETERMINING THE WHEREABOUTS OF ANY ABSENT PARENT OR     18,250       

CHILD IN ORDER TO ENFORCE A LAW WITH RESPECT TO THE UNLAWFUL                    

TAKING OR RESTRAINT OF A CHILD;                                    18,251       

      (B)  MAKING OR ENFORCING A DETERMINATION AS TO THE           18,254       

ALLOCATION, BETWEEN THE PARENTS OF A CHILD, OF THE PARENTAL        18,255       

                                                          419    


                                                                 
RIGHTS AND RESPONSIBILITIES FOR THE CARE OF A CHILD AND THE        18,256       

DESIGNATION OF THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF A     18,257       

CHILD OR OTHERWISE AS TO THE CUSTODY OF A CHILD;                   18,258       

      (C)  MAKING OR ENFORCING A PARENTING TIME ORDER WITH         18,260       

RESPECT TO A CHILD.                                                18,261       

      Sec. 5101.322 3125.07.  (A)  The department of human         18,270       

services shall establish and maintain a statewide, automated data  18,272       

processing system in compliance with Title IV-D of the "Social     18,273       

Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by  18,274       

the "Personal Responsibility and Work Opportunity Reconciliation   18,276       

Act of 1996," 110 Stat. 2105, to support the enforcement of child  18,277       

support that shall be implemented in every county.  Every county   18,278       

shall accept the automated system and, in accordance with the      18,280       

written instructions of the department for the implementation of   18,281       

the automated system, shall convert to the automated system all    18,282       

records that are maintained by any county entity and that are      18,283       

related to any case for which a local agency is enforcing a child  18,284       

support order in accordance with Title IV-D of the "Social         18,285       

Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by  18,286       

the "Personal Responsibility and Work Reconciliation Act of        18,288       

1996," 110 Stat. 2105.                                                          

      (B)  The department shall adopt rules pursuant to Chapter    18,291       

119. of the Revised Code concerning access to, and use of, data    18,294       

maintained in the automated system that do the following:                       

      (1)  Permit access to and use of data only to the extent     18,296       

necessary to carry out programs under Title IV-D of the "Social    18,298       

Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by  18,299       

the "Personal Responsibility and Work Opportunity Reconciliation   18,300       

Act of 1996," 110 Stat. 2105, and specify the data that may be     18,301       

used for particular program purposes, and the personnel permitted  18,302       

access to the data;                                                18,303       

      (2)  Require monitoring of access to and use of the          18,305       

automated system to prevent and promptly identify unauthorized     18,306       

use;                                                               18,307       

                                                          420    


                                                                 
      (3)  Establish procedures to ensure that all personnel who   18,309       

may have access to or be required to use data are informed of      18,310       

applicable requirements and penalties and have been trained in     18,311       

security procedures;                                               18,312       

      (4)  Establish administrative penalties, up to and           18,314       

including dismissal from employment, for unauthorized access to,   18,315       

or disclosure or use of, data.                                     18,316       

      Sec. 3125.08.  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT  18,319       

RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE CONCERNING      18,321       

ACCESS TO, AND USE OF, DATA MAINTAINED IN THE AUTOMATED SYSTEM     18,322       

ESTABLISHED PURSUANT TO SECTION 3125.07 OF THE REVISED CODE THAT   18,323       

DO THE FOLLOWING:                                                               

      (A)  PERMIT ACCESS TO AND USE OF DATA ONLY TO THE EXTENT     18,325       

NECESSARY TO CARRY OUT PROGRAMS UNDER TITLE IV-D OF THE "SOCIAL    18,328       

SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651, AS AMENDED,    18,330       

AND SPECIFY THE DATA THAT MAY BE USED FOR PARTICULAR PROGRAM       18,332       

PURPOSES, AND THE PERSONNEL PERMITTED ACCESS TO THE DATA;          18,333       

      (B)  REQUIRE MONITORING OF ACCESS TO AND USE OF THE          18,335       

AUTOMATED SYSTEM TO PREVENT AND PROMPTLY IDENTIFY UNAUTHORIZED     18,336       

USE;                                                               18,337       

      (C)  ESTABLISH PROCEDURES TO ENSURE THAT ALL PERSONNEL WHO   18,339       

MAY HAVE ACCESS TO OR BE REQUIRED TO USE DATA ARE INFORMED OF      18,340       

APPLICABLE REQUIREMENTS AND PENALTIES AND HAVE BEEN TRAINED IN     18,341       

SECURITY PROCEDURES;                                               18,342       

      (D)  ESTABLISH ADMINISTRATIVE PENALTIES, UP TO AND           18,344       

INCLUDING DISMISSAL FROM EMPLOYMENT, FOR UNAUTHORIZED ACCESS TO,   18,345       

OR DISCLOSURE OR USE OF, DATA.                                     18,346       

      Sec. 3125.10.  EACH COUNTY SHALL HAVE A CHILD SUPPORT        18,349       

ENFORCEMENT AGENCY.  A GOVERNMENT ENTITY DESIGNATED UNDER THIS     18,351       

SECTION PRIOR TO OCTOBER 1, 1997, OR A PRIVATE OR GOVERNMENT       18,353       

ENTITY DESIGNATED UNDER SECTION 307.981 OF THE REVISED CODE ON OR  18,354       

AFTER THAT DATE MAY SERVE AS A COUNTY'S CHILD SUPPORT ENFORCEMENT  18,356       

AGENCY.                                                                         

      Sec. 3125.11.  THE CHILD SUPPORT ENFORCEMENT AGENCY FOR A    18,358       

                                                          421    


                                                                 
COUNTY IS THE LOCAL TITLE IV-D AGENCY FOR THE COUNTY AND SHALL     18,360       

OPERATE A PROGRAM FOR SUPPORT ENFORCEMENT IN THE COUNTY THAT       18,361       

COMPLIES WITH TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT.    18,364       

2351 (1975), 42 U.S.C. 651, AS AMENDED, ANY RULES ADOPTED                       

PURSUANT TO THAT TITLE, AND STATE LAW.  EACH CHILD SUPPORT         18,366       

ENFORCEMENT AGENCY SHALL BE BE RESPONSIBLE IN THE COUNTY IT        18,370       

SERVES FOR THE ENFORCEMENT OF SUPPORT ORDERS AND SHALL PERFORM     18,371       

ALL ADMINISTRATIVE DUTIES RELATED TO THE ENFORCEMENT OF ANY        18,372       

SUPPORT ORDER.                                                     18,373       

      Sec. 3125.12.  EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL   18,376       

ENTER INTO A PLAN OF COOPERATION WITH THE BOARD OF COUNTY          18,377       

COMMISSIONERS UNDER SECTION 307.983 OF THE REVISED CODE AND        18,378       

COMPLY WITH THE PARTNERSHIP AGREEMENT THE BOARD ENTERS INTO UNDER  18,380       

SECTION 307.98 AND CONTRACTS THE BOARD ENTERS INTO UNDER SECTIONS               

307.981 AND 307.982 OF THE REVISED CODE THAT AFFECT THE AGENCY.    18,382       

      Sec. 3125.13.  EACH CHILD SUPPORT ENFORCEMENT AGENCY MAY     18,384       

ENTER INTO CONTRACTS WITH PUBLIC AGENCIES AND PRIVATE VENDORS FOR  18,385       

ASSISTANCE IN ESTABLISHING PATERNITY OR SUPPORT OBLIGATIONS, OR    18,386       

FOR THE PERFORMANCE OF OTHER ADMINISTRATIVE DUTIES OF THE AGENCY.  18,387       

EACH CHILD SUPPORT ENFORCEMENT AGENCY MAY CONTRACT WITH A          18,388       

COLLECTION AGENT FOR THE COLLECTION OF ARREARAGES OWED UNDER       18,390       

CHILD SUPPORT ORDERS BEING ADMINISTERED BY THE AGENCY.  BEFORE     18,391       

ENTERING INTO A CONTRACT FOR ASSISTANCE IN ESTABLISHING PATERNITY  18,392       

OR SUPPORT OBLIGATIONS, FOR OTHER ADMINISTRATIVE SERVICES, OR FOR  18,393       

THE COLLECTION OF ARREARAGES BY A COLLECTION AGENT, A CHILD        18,394       

SUPPORT ENFORCEMENT AGENCY SHALL COMPLY WITH SECTIONS 307.86 TO    18,395       

307.92 OF THE REVISED CODE AND ANY RULES ADOPTED BY THE STATE      18,396       

DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 3125.25 OF THE    18,397       

REVISED CODE.                                                                   

      Sec. 3125.14.  EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL   18,400       

ENTER INTO WRITTEN AGREEMENTS WITH THE COURTS, THE PROSECUTING     18,401       

ATTORNEY, AND LAW ENFORCEMENT OFFICIALS OF THE COUNTY IT SERVES    18,402       

THAT ESTABLISH COOPERATIVE WORKING ARRANGEMENTS AND SPECIFY AREAS  18,403       

OF RESPONSIBILITY FOR THE ENFORCEMENT OF SUPPORT AMONG THE         18,404       

                                                          422    


                                                                 
AGENCY, COURTS, AND OFFICIALS.  THE AGREEMENTS SHALL PROVIDE FOR   18,405       

THE REIMBURSEMENT OF THE COURTS AND LAW ENFORCEMENT OFFICIALS FOR  18,406       

THE RESPONSIBILITIES THEY ASSUME AND ACTIONS THEY UNDERTAKE        18,407       

PURSUANT TO SUCH AGREEMENTS.                                                    

      Sec. 3125.15.  A CHILD SUPPORT ENFORCEMENT AGENCY SHALL      18,409       

MAINTAIN RECORDS OF SUPPORT ORDERS BEING ADMINISTERED OR           18,410       

OTHERWISE HANDLED BY THE AGENCY PURSUANT TO SECTIONS 3121.81 TO    18,412       

3121.86 OF THE REVISED CODE.                                                    

      Sec. 3125.16.  EACH OBLIGOR AND EACH OBLIGEE UNDER A         18,414       

SUPPORT ORDER MAY REVIEW ALL RECORDS MAINTAINED UNDER SECTION      18,416       

3125.15 OF THE REVISED CODE THAT PERTAIN TO THE SUPPORT ORDER AND               

ANY OTHER INFORMATION MAINTAINED BY THE CHILD SUPPORT ENFORCEMENT  18,418       

AGENCY, EXCEPT TO THE EXTENT PROHIBITED BY STATE OR FEDERAL LAW.   18,419       

      Sec. 2301.354 3125.17.  Without the authorization of the     18,428       

court of common pleas or the consent of the prosecuting attorney   18,430       

and without engaging in competitive bidding to obtain the legal    18,431       

services, any child support enforcement agency may employ,         18,432       

through its appointing authority, staff attorneys to advise,                    

assist, and represent the agency in its performance of its         18,433       

functions pertaining to the enforcement of support orders.  The    18,434       

option to employ the staff attorneys shall be in addition to any   18,435       

other options available to the agency to obtain necessary legal    18,436       

services in connection with its performance of its functions                    

pertaining to the enforcement of support orders, including the     18,437       

use of legal services provided by the prosecuting attorney         18,438       

pursuant to contract or otherwise or the obtaining of legal        18,439       

services through a competitive bidding process.                    18,440       

      Sec. 3125.19.  THE BOARD OF COUNTY COMMISSIONERS OF EACH     18,442       

COUNTY SHALL BUDGET AND APPROPRIATE TO THE CHILD SUPPORT           18,443       

ENFORCEMENT AGENCY SERVING THE COUNTY BOTH OF THE FOLLOWING:       18,444       

      (A)  ALL FEDERAL MONEY PAYABLE TO THE AGENCY ON THE BASIS    18,447       

OF ITS SUCCESS IN IMPLEMENTING ACTIVITIES RELATED TO CHILD         18,449       

SUPPORT ENFORCEMENT UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT;   18,451       

      (B)  ANY FUNDS THAT MAY BE RECEIVED FROM OTHER FEDERAL OR    18,453       

                                                          423    


                                                                 
STATE SOURCES FOR THE AGENCY.                                      18,454       

      Sec. 3125.20.  A BOARD OF COUNTY COMMISSIONERS MAY REQUEST   18,456       

THAT THE DEPARTMENT OF HUMAN SERVICES GRANT A WAIVER OF THE        18,457       

REQUIREMENT THAT THE MONEY SPECIFIED IN DIVISION (A) OF SECTION    18,459       

3125.19 OF THE REVISED CODE BE BUDGETED AND APPROPRIATED TO THE    18,460       

CHILD SUPPORT ENFORCEMENT AGENCY IF THE BOARD CAN DEMONSTRATE, BY  18,461       

MEETING CRITERIA ESTABLISHED BY THE DEPARTMENT, THAT THE AGENCY    18,462       

IS EFFECTIVELY USING PROCEDURES FOR ESTABLISHING PATERNITY,        18,463       

MEETING THE MANDATED SERVICE NEEDS OF CLIENTS, AND COMPLYING WITH  18,464       

ALL APPLICABLE STATE AND FEDERAL SUPPORT RULES AND REGULATIONS.    18,465       

      Sec. 3125.21.  ALL MONEYS RECEIVED FROM THE FEDERAL OR       18,467       

STATE GOVERNMENT FOR REIMBURSEMENT FOR SUPPORT ENFORCEMENT         18,468       

ACTIVITIES SHALL BE USED SOLELY FOR SUPPORT ENFORCEMENT            18,469       

ACTIVITIES.                                                                     

      Sec. 3125.22.  A CHILD SUPPORT ENFORCEMENT AGENCY MAY        18,471       

INVEST ANY OF THE MONEYS COLLECTED PURSUANT TO THE PERFORMANCE OF  18,472       

ITS DUTIES UNDER CHAPTERS 3111., 3119., 3121., 3123., AND 3125.    18,473       

OF THE REVISED CODE IN A REPURCHASE AGREEMENT IN WHICH A BANK      18,475       

AGREES TO SELL SHORT-TERM FEDERALLY GUARANTEED SECURITIES WITH AN  18,476       

OBLIGATION OF THE BANK TO REPURCHASE THE SECURITIES.  ALL          18,477       

INTEREST DERIVED PURSUANT TO INVESTMENTS MADE UNDER THIS SECTION   18,478       

SHALL BE RETAINED BY THE AGENCY AND USED SOLELY FOR SUPPORT        18,479       

ENFORCEMENT ACTIVITIES.                                            18,480       

      Sec. 3125.24.  EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL   18,484       

BE OPERATED UNDER THE SUPERVISION OF THE DEPARTMENT OF HUMAN       18,485       

SERVICES IN ACCORDANCE WITH THE PROGRAM OF CHILD SUPPORT           18,486       

ENFORCEMENT ESTABLISHED PURSUANT TO SECTION 3125.03 OF THE         18,487       

REVISED CODE.                                                                   

      THE DEPARTMENT SHALL ENSURE THAT ALL CHILD SUPPORT           18,490       

ENFORCEMENT AGENCIES COMPLY WITH ALL APPLICABLE STATE AND FEDERAL  18,491       

SUPPORT REGULATIONS, INCLUDING THE AFFIRMATIVE DUTIES OF TITLE     18,493       

IV-D OF THE SOCIAL SECURITY ACT.                                   18,494       

      Sec. 3125.25.  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT  18,497       

RULES UNDER CHAPTER 119. OF THE REVISED CODE GOVERNING THE         18,498       

                                                          424    


                                                                 
OPERATION OF SUPPORT ENFORCEMENT BY CHILD SUPPORT ENFORCEMENT      18,499       

AGENCIES.  THE RULES SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,   18,500       

PROVISIONS RELATING TO PLANS OF COOPERATION BETWEEN THE AGENCIES   18,501       

AND BOARDS OF COUNTY COMMISSIONERS ENTERED INTO UNDER SECTION      18,502       

3125.12 OF THE REVISED CODE, REQUIREMENTS FOR PUBLIC HEARINGS BY   18,503       

THE AGENCIES, AND PROVISIONS FOR APPEALS OF AGENCY DECISIONS       18,504       

UNDER PROCEDURES ESTABLISHED BY THE DEPARTMENT.                                 

      Sec. 3125.27.  EXCEPT AS PROVIDED IN SECTIONS 3123.14,       18,507       

3123.73, 3125.28, AND 3125.29 OF THE REVISED CODE, NO CHILD        18,508       

SUPPORT ENFORCEMENT AGENCY SHALL COLLECT ANY SUPPORT AMOUNTS DUE   18,509       

UNDER A SUPPORT ORDER AS PART OF ITS DUTIES TO ENFORCE SUPPORT     18,510       

ORDERS.                                                                         

      Sec. 3125.28.  (A)  NOTWITHSTANDING ANY OTHER SECTION OF     18,512       

THE REVISED CODE AND EXCEPT AS PROVIDED IN SECTION 3125.29 OF THE  18,515       

REVISED CODE, A CHILD SUPPORT ENFORCEMENT AGENCY SHALL COLLECT                  

AND DISBURSE ALL SUPPORT AMOUNTS UNDER A SUPPORT ORDER IT IS       18,518       

ADMINISTERING PURSUANT TO LAW AS IT EXISTED PRIOR TO JANUARY 1,    18,521       

1998, AND SHALL COLLECT THE ADDITIONAL AMOUNT IMPOSED UNDER        18,522       

DIVISION (G)(1) OF SECTION 2301.35 OF THE REVISED CODE AS IT       18,523       

EXISTED PRIOR TO JANUARY 1, 1998, UNTIL THE SUPPORT ORDER IS       18,526       

CONVERTED TO THE AUTOMATED DATA PROCESSING SYSTEM UNDER SECTION    18,527       

3125.07 OF THE REVISED CODE AND THE OFFICE OF CHILD SUPPORT        18,529       

AUTHORIZES CENTRALIZED COLLECTION AND DISBURSEMENT OF SUPPORT      18,530       

AMOUNTS UNDER THE SUPPORT ORDER PURSUANT TO THE RULES ADOPTED      18,531       

UNDER SECTION 3121.71 OF THE REVISED CODE.                         18,532       

      (B)  NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE   18,535       

AND EXCEPT AS PROVIDED IN SECTION 3125.29 OF THE REVISED CODE,     18,536       

THE AGENCY ADMINISTERING THE SUPPORT ORDER SHALL COLLECT THE       18,537       

AMOUNTS PERMITTED TO BE COLLECTED, AND PERFORM OTHER DUTIES                     

REQUIRED, WITH RESPECT TO THE SUPPORT ORDER PURSUANT TO DIVISION   18,538       

(D)(1) OF SECTION 2301.373, DIVISION (B)(3)(a) OF SECTION          18,540       

2301.374, DIVISIONS (E)(4)(b), (F), AND (I) OF SECTION 3111.23,    18,542       

DIVISION (E) OF SECTION 3111.99, DIVISIONS (G)(4)(b), (H)(3), AND  18,545       

(K) OF SECTION 3113.21, DIVISION (B) OF SECTION 3113.212,          18,546       

                                                          425    


                                                                 
DIVISION (E) OF SECTION 3113.99, AND DIVISION (A)(3) OF SECTION    18,548       

5101.323 OF THE REVISED CODE AS THOSE SECTIONS EXISTED PRIOR TO    18,551       

JANUARY 1, 1998, AND THE AGENCY SHALL COLLECT THE AMOUNTS          18,553       

PERMITTED TO BE COLLECTED BY THE OFFICE OF CHILD SUPPORT, AND      18,554       

PERFORM OTHER DUTIES REQUIRED OF THE OFFICE, WITH RESPECT TO THE                

SUPPORT ORDER PURSUANT TO SECTION 3123.62 AND SECTION 3123.72 OF   18,557       

THE REVISED CODE, UNTIL THE SUPPORT ORDER IS CONVERTED AND         18,558       

AUTHORIZATION FOR CENTRALIZED COLLECTION AND DISBURSEMENT IS       18,559       

GIVEN.                                                             18,560       

      Sec. 3125.29.  (A)  AFTER CONVERSION OCCURS AND              18,562       

AUTHORIZATION FOR CENTRALIZED COLLECTION AND DISBURSEMENT IS       18,563       

GRANTED AS DESCRIBED IN SECTION 3125.28 OF THE REVISED CODE, A     18,564       

CHILD SUPPORT ENFORCEMENT AGENCY MAY CONTINUE TO COLLECT THE       18,566       

FOLLOWING AMOUNTS FROM OBLIGORS WHO PAY THE AMOUNTS IN PERSON AT   18,567       

THE OFFICE OF THE AGENCY:                                                       

      (1)  CURRENT SUPPORT AMOUNTS AND ARREARAGES DUE UNDER A      18,570       

SUPPORT ORDER BEING ADMINISTERED BY THE AGENCY AND THE ADDITIONAL  18,571       

AMOUNT IMPOSED PURSUANT TO SECTION 3119.27 OF THE REVISED CODE     18,572       

WITH RESPECT TO THE ORDER;                                         18,573       

      (2)  AMOUNTS COLLECTED PURSUANT TO SECTIONS 3121.59,         18,576       

3123.45, 3123.56, 3123.62, DIVISION (B) OF SECTION 3123.72, AND    18,578       

SECTION 3123.956 OF THE REVISED CODE.                              18,579       

      (B)  ALL AMOUNTS COLLECTED PURSUANT TO DIVISION (A) OF THIS  18,582       

SECTION SHALL BE FORWARDED TO THE OFFICE OF CHILD SUPPORT NO       18,583       

LATER THAN ONE DAY AFTER RECEIPT OF THE AMOUNTS.                   18,584       

      Sec. 3125.30.  AMOUNTS COLLECTED BY A COLLECTION AGENT THAT  18,586       

HAS A CONTRACT WITH A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT    18,587       

TO SECTION 3125.13 OF THE REVISED CODE SHALL BE PAID TO THE        18,589       

OFFICE OF CHILD SUPPORT.  THE AGENCY SHALL FORWARD ANY AMOUNTS     18,590       

COLLECTED PURSUANT TO SECTIONS 3123.14 AND 3123.73 OF THE REVISED               

CODE TO THE OFFICE NO LATER THAN ONE DAY AFTER RECEIPT OF THOSE    18,592       

AMOUNTS.                                                                        

      Sec. 3125.36.  (A)  SUBJECT TO DIVISION (B) OF THIS          18,594       

SECTION, ALL SUPPORT ORDERS THAT ARE ADMINISTERED BY A CHILD       18,596       

                                                          426    


                                                                 
SUPPORT ENFORCEMENT AGENCY DESIGNATED UNDER SECTION 307.981 OR     18,597       

3125.10 OF THE REVISED CODE AND ARE ELIGIBLE FOR TITLE IV-D        18,599       

SERVICES SHALL BE TITLE IV-D CASES UNDER TITLE IV-D OF THE         18,601       

"SOCIAL SECURITY ACT."  SUBJECT TO DIVISION (B) OF THIS SECTION,   18,603       

ALL OBLIGEES OF SUPPORT ORDERS ADMINISTERED BY THE AGENCY SHALL    18,604       

BE CONSIDERED TO HAVE FILED A SIGNED APPLICATION FOR TITLE IV-D    18,605       

SERVICES.                                                                       

      (B)  EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, A   18,608       

COURT THAT ISSUES OR MODIFIES A SUPPORT ORDER SHALL REQUIRE THE    18,609       

OBLIGEE UNDER THE ORDER TO SIGN, AT THE TIME OF THE ISSUANCE OR    18,610       

MODIFICATION OF THE ORDER, AN APPLICATION FOR TITLE IV-D SERVICES  18,611       

AND TO FILE, AS SOON AS POSSIBLE, THE SIGNED APPLICATION WITH THE  18,613       

CHILD SUPPORT ENFORCEMENT AGENCY THAT WILL ADMINISTER THE ORDER.   18,614       

THE APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE DEPARTMENT    18,615       

OF HUMAN SERVICES.  EXCEPT AS PROVIDED IN DIVISION (D) OF THIS     18,617       

SECTION, A SUPPORT ORDER THAT IS ADMINISTERED BY A CHILD SUPPORT                

ENFORCEMENT AGENCY, AND THAT IS ELIGIBLE FOR TITLE IV-D SERVICES   18,619       

SHALL BE A TITLE IV-D CASE UNDER TITLE IV-D OF THE "SOCIAL         18,622       

SECURITY ACT" ONLY UPON THE FILING OF THE SIGNED APPLICATION FOR   18,623       

TITLE IV-D SERVICES.                                               18,624       

      (C)  A CHILD SUPPORT ENFORCEMENT AGENCY SHALL MAKE           18,626       

AVAILABLE AN APPLICATION FOR TITLE IV-D SERVICES TO ALL PERSONS    18,628       

REQUESTING A CHILD SUPPORT ENFORCEMENT AGENCY'S ASSISTANCE IN AN   18,629       

ACTION UNDER SECTIONS 3111.01 TO 3111.18 OF THE REVISED CODE OR    18,630       

IN AN ADMINISTRATIVE PROCEEDING BROUGHT TO ESTABLISH A PARENT AND  18,631       

CHILD RELATIONSHIP, TO ESTABLISH OR MODIFY AN ADMINISTRATIVE       18,632       

SUPPORT ORDER, OR TO ESTABLISH OR MODIFY AN ORDER TO PROVIDE       18,633       

HEALTH INSURANCE COVERAGE FOR THE CHILDREN SUBJECT TO A SUPPORT    18,634       

ORDER.                                                                          

      (D)  AN OBLIGEE UNDER A SUPPORT ORDER WHO HAS ASSIGNED THE   18,636       

RIGHT TO THE SUPPORT PURSUANT TO SECTION 5101.59 OR 5107.20 OF     18,637       

THE REVISED CODE SHALL NOT BE REQUIRED TO SIGN AN APPLICATION FOR  18,638       

TITLE IV-D SERVICES.  THE SUPPORT ORDER SHALL BE CONSIDERED A      18,639       

TITLE IV-D CASE.                                                   18,640       

                                                          427    


                                                                 
      Sec. 3125.37.  THE DEPARTMENT OF HUMAN SERVICES SHALL        18,642       

CHARGE AN APPLICATION FEE OF UP TO TWENTY-FIVE DOLLARS, AS         18,644       

DETERMINED BY RULE ADOPTED BY THE DEPARTMENT PURSUANT TO CHAPTER   18,645       

119. OF THE REVISED CODE, FOR FURNISHING SERVICES UNDER TITLE      18,646       

IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42        18,648       

U.S.C. 651, AS AMENDED, TO PERSONS NOT PARTICIPATING IN OHIO       18,650       

WORKS FIRST UNDER CHAPTER 5107. OF THE REVISED CODE OR TO PERSONS  18,651       

NOT EXEMPTED FROM PAYING THE FEE UNDER SECTION 454(6)(B) OF THE    18,652       

"SOCIAL SECURITY ACT," AS AMENDED BY THE "BALANCED BUDGET ACT OF   18,653       

1997," 111 STAT. 625, 42 U.S.C. 654(6)(B).  THE DEPARTMENT SHALL   18,656       

ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE           18,657       

AUTHORIZING COUNTIES, AT THEIR OPTION, TO WAIVE THE PAYMENT OF     18,658       

THE FEE.  THE APPLICATION FEE, UNLESS WAIVED PURSUANT TO RULES     18,659       

ADOPTED BY THE DEPARTMENT PURSUANT TO THIS SECTION, SHALL BE PAID  18,660       

BY THOSE PERSONS.                                                  18,661       

      Sec. 5101.317 3125.38.  (A)  The department of human         18,670       

services shall provide annual reviews of and reports to the        18,672       

secretary of health and human services concerning programs         18,673       

operated under Title IV-D of the "Social Security Act," 88 Stat.   18,675       

2351 (1975), 42 U.S.C. 651, as amended by the "Personal            18,676       

Responsibility and Work Opportunity Reconciliation Act of 1996,"   18,678       

110 Stat. 2105, pursuant to rules adopted by the department under  18,679       

division (B) of this section 3125.39 OF THE REVISED CODE.                       

      (B)  The department of human services shall adopt rules in   18,682       

accordance with Chapter 119. of the Revised Code that establish    18,683       

the following:                                                                  

      (1)  Procedures for annual reviews of and reports to the     18,685       

secretary of health and human services on the programs operated    18,686       

under Title IV-D of the "Social Security Act," as amended,         18,688       

including information necessary to measure compliance with         18,689       

federal requirements for expedited procedures;                                  

      (2)  Procedures for transmitting data and calculations       18,691       

regarding levels of accomplishment and rates of improvement for    18,692       

paternity establishment and child support enforcement from the     18,693       

                                                          428    


                                                                 
automatic data processing system required under section 5101.322   18,694       

of the Revised Code to the secretary of health and human           18,697       

services.                                                                       

      Sec. 3125.39.  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT  18,699       

RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT     18,701       

ESTABLISH THE FOLLOWING:                                                        

      (A)  PROCEDURES FOR ANNUAL REVIEWS OF AND REPORTS TO THE     18,703       

SECRETARY OF HEALTH AND HUMAN SERVICES ON THE PROGRAMS OPERATED    18,704       

UNDER TITLE IV-D OF THE "SOCIAL SECURITY ACT," AS AMENDED,         18,707       

INCLUDING INFORMATION NECESSARY TO MEASURE COMPLIANCE WITH         18,708       

FEDERAL REQUIREMENTS FOR EXPEDITED PROCEDURES;                                  

      (B)  PROCEDURES FOR TRANSMITTING DATA AND CALCULATIONS       18,710       

REGARDING LEVELS OF ACCOMPLISHMENT AND RATES OF IMPROVEMENT FOR    18,711       

PATERNITY ESTABLISHMENT AND CHILD SUPPORT ENFORCEMENT FROM THE     18,712       

AUTOMATIC DATA PROCESSING SYSTEM REQUIRED UNDER SECTION 3125.07    18,714       

OF THE REVISED CODE TO THE SECRETARY OF HEALTH AND HUMAN           18,716       

SERVICES.                                                                       

      Sec. 3125.41.  (A)  AS USED IN THIS SECTION:                 18,718       

      (1)  "CABLE TELEVISION SERVICE" HAS THE SAME MEANING AS IN   18,720       

SECTION 2913.01 OF THE REVISED CODE.                               18,721       

      (2)  "PUBLIC UTILITY" MEANS A PERSON OR ENTITY, INCLUDING    18,723       

AN ENTITY OWNED OR OPERATED BY A MUNICIPAL CORPORATION OR OTHER    18,724       

GOVERNMENT ENTITY, THAT IS DESCRIBED IN DIVISION (A) OF SECTION    18,726       

4905.03 OF THE REVISED CODE AS A TELEPHONE COMPANY, ELECTRIC       18,729       

LIGHT COMPANY, GAS COMPANY, NATURAL GAS COMPANY, WATER-WORKS       18,730       

COMPANY, HEATING OR COOLING COMPANY, OR SEWAGE DISPOSAL SYSTEM     18,731       

COMPANY, OR THAT IS PROVIDING CABLE TELEVISION SERVICE.            18,732       

      (B)  EXCEPT AS PROVIDED IN SECTION 3125.43 OF THE REVISED    18,735       

CODE, THE OFFICE OF CHILD SUPPORT SHALL HAVE ACCESS TO ALL OF THE  18,737       

FOLLOWING UNLESS RELEASE OF THE INFORMATION IS PROHIBITED BY       18,738       

FEDERAL OR STATE LAW:                                                           

      (1)  ANY INFORMATION IN THE POSSESSION OF ANY OFFICER OR     18,740       

ENTITY OF THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE      18,742       

THAT WOULD AID THE OFFICE IN LOCATING AN ABSENT PARENT OR CHILD    18,744       

                                                          429    


                                                                 
PURSUANT TO SECTION 3125.06 OF THE REVISED CODE;                   18,745       

      (2)  ANY INFORMATION CONCERNING THE EMPLOYMENT,              18,747       

COMPENSATION, AND BENEFITS OF ANY OBLIGOR OR OBLIGEE SUBJECT TO A  18,749       

SUPPORT ORDER IN THE POSSESSION OF ANY PERSON;                                  

      (3)  THE NAME AND ADDRESS OF ANY OBLIGOR OR OBLIGEE SUBJECT  18,752       

TO A SUPPORT ORDER AND THE OBLIGOR'S OR OBLIGEE'S EMPLOYER IN THE  18,753       

CUSTOMER RECORDS OF A PUBLIC UTILITY.                                           

      Sec. 3125.42.  THE PERSON OR ENTITY REQUIRED TO PROVIDE      18,756       

INFORMATION PURSUANT TO SECTION 3125.41 OF THE REVISED CODE, MAY   18,758       

PROVIDE SUCH INFORMATION TO A CHILD SUPPORT ENFORCEMENT AGENCY AT  18,759       

THE AGENCY'S REQUEST OR REQUIRE THE AGENCY TO REQUEST THAT THE     18,760       

OFFICE OF CHILD SUPPORT REQUEST THE INFORMATION FOR THE AGENCY.    18,761       

THE OFFICE SHALL REQUEST THE INFORMATION FROM THE PERSON OR        18,762       

ENTITY ON THE REQUEST OF A CHILD SUPPORT ENFORCEMENT AGENCY.       18,764       

      Sec. 3125.43.  THE DEPARTMENT OF TAXATION SHALL NOT PROVIDE  18,767       

ANY INFORMATION TO THE OFFICE OF CHILD SUPPORT, EXCEPT AS          18,769       

PROVIDED IN THIS SECTION.  FOR PURPOSES OF THE ESTABLISHMENT OF    18,770       

PATERNITY, THE ESTABLISHMENT, MODIFICATION, OR ENFORCEMENT OF      18,771       

SUPPORT ORDERS, AND THE LOCATION OF ABSENT PARENTS PURSUANT TO     18,772       

CHILD SUPPORT ENFORCEMENT ACTIVITIES AND ACTIVITIES TO ESTABLISH   18,773       

AND ENFORCE ORDERS ALLOCATING PARENTING RIGHTS AND                              

RESPONSIBILITIES AND PARENTING TIME ORDERS, THE OFFICE IS          18,775       

AUTHORIZED TO HAVE ACCESS TO INFORMATION CONCERNING THE                         

RESIDENTIAL ADDRESS, EMPLOYER, INCOME, AND ASSETS OF TAXPAYERS IF  18,776       

THAT INFORMATION IS CONTAINED IN THE STATE TAX RECORDS MAINTAINED  18,777       

BY THE DEPARTMENT.  THE DEPARTMENT SHALL NOT PROVIDE ANY           18,778       

INFORMATION TO THE OFFICE IF THE PROVISION OF THE INFORMATION IS   18,779       

PROHIBITED BY STATE OR FEDERAL LAW.                                18,780       

      Sec. 3125.44.  THE OFFICE OF CHILD SUPPORT SHALL REIMBURSE   18,782       

THE DEPARTMENT OF TAXATION FOR THE COST OF ACCESS TO, AND          18,783       

OBTAINMENT OF, THE INFORMATION DESCRIBED IN SECTION 3125.43 OF     18,784       

THE REVISED CODE.                                                               

      Sec. 3125.45.  AN OFFICER OR ENTITY OF THE STATE OR          18,786       

POLITICAL SUBDIVISION OF THE STATE OR ANY OTHER PERSON WHO         18,789       

                                                          430    


                                                                 
PROVIDES INFORMATION PURSUANT TO SECTION 3125.41, 3125.42, OR      18,790       

3125.43 OF THE REVISED CODE SHALL NOT BE SUBJECT TO CRIMINAL OR    18,791       

CIVIL LIABILITY FOR PROVIDING THE INFORMATION.                     18,792       

      Sec. 3125.46.  NO PERSON OR ENTITY, OTHER THAN AN OFFICER    18,795       

OR ENTITY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE,    18,796       

SHALL FAIL TO PROVIDE INFORMATION AS REQUIRED BY SECTION 3125.41   18,798       

OR 3125.42 OF THE REVISED CODE.                                                 

      Sec. 3125.47.  A PERSON OR ENTITY THAT VIOLATES SECTION      18,801       

3125.46 OF THE REVISED CODE MAY BE FINED FIVE HUNDRED DOLLARS.                  

      Sec. 3125.48.  THE DEPARTMENT OF HUMAN SERVICES SHALL FILE   18,803       

AN ACTION IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY,         18,805       

REQUESTING THAT THE COURT IMPOSE THE FINE DESCRIBED IN SECTION     18,806       

3125.47 OF THE REVISED CODE FOR FAILURE TO PROVIDE INFORMATION AS  18,807       

REQUIRED BY SECTION 3125.41 OR 3125.42 OF THE REVISED CODE.  IF                 

THE COURT DETERMINES THAT A PERSON OR ENTITY FAILED TO PROVIDE     18,809       

THE INFORMATION, IT MAY IMPOSE THE FINE.  THE COURT SHALL DIRECT   18,810       

THAT THE FINE BE PAID TO THE DEPARTMENT.                           18,812       

      Sec. 3125.49.  NEITHER THE OFFICE OF CHILD SUPPORT NOR ANY   18,814       

CHILD SUPPORT ENFORCEMENT AGENCY SHALL USE ANY SOCIAL SECURITY     18,816       

NUMBER MADE AVAILABLE TO IT UNDER SECTION 3705.07 OF THE REVISED                

CODE FOR ANY PURPOSE OTHER THAN CHILD SUPPORT ENFORCEMENT.         18,818       

      Sec. 3125.50.  EXCEPT AS PROVIDED BY THE RULES ADOPTED       18,820       

PURSUANT TO SECTION 3125.51 OF THE REVISED CODE, NO PERSON SHALL   18,822       

DO EITHER OF THE FOLLOWING:                                                     

      (A)  DISCLOSE INFORMATION CONCERNING APPLICANTS FOR AND      18,824       

RECIPIENTS OF TITLE IV-D SUPPORT ENFORCEMENT PROGRAM SERVICES      18,826       

PROVIDED BY A CHILD SUPPORT ENFORCEMENT AGENCY;                    18,828       

      (B)  DISCLOSE ANY INFORMATION COLLECTED PURSUANT TO SECTION  18,831       

3125.41, 3125.42, OR 3125.43 OF THE REVISED CODE.                               

      Sec. 3125.51.  THE OFFICE OF CHILD SUPPORT SHALL ADOPT       18,833       

RULES GOVERNING ACCESS TO, AND USE AND DISCLOSURE OF, THE          18,835       

INFORMATION DESCRIBED IN SECTION 3125.50 OF THE REVISED CODE.      18,836       

THE RULES SHALL BE CONSISTENT WITH THE REQUIREMENTS OF TITLE IV-D  18,837       

OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C.      18,838       

                                                          431    


                                                                 
651, AS AMENDED, AND ANY RULES ADOPTED UNDER TITLE IV-D.           18,839       

      Sec. 3125.58.  EACH COURT WITH JURISDICTION TO ISSUE COURT   18,841       

SUPPORT ORDERS OR ORDERS ESTABLISHING THE EXISTENCE OR             18,843       

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP SHALL ESTABLISH    18,844       

RULES OF COURT TO ENSURE THAT THE FOLLOWING PERCENTAGE OF ALL      18,845       

ACTIONS TO ESTABLISH THE EXISTENCE OR NONEXISTENCE OF A PARENT     18,846       

AND CHILD RELATIONSHIP, TO ESTABLISH A SUPPORT REQUIREMENT, OR TO  18,847       

MODIFY A PREVIOUSLY ISSUED COURT SUPPORT ORDER ARE COMPLETED       18,848       

WITHIN THE FOLLOWING TIME LIMITS:                                               

      (A)  SEVENTY-FIVE PER CENT OF ALL OF THE ACTIONS SHALL BE    18,850       

COMPLETED WITHIN SIX MONTHS AFTER THE DATE OF INITIAL FILING;      18,852       

      (B)  NINETY PER CENT OF ALL OF THE ACTIONS SHALL BE          18,854       

COMPLETED WITHIN TWELVE MONTHS AFTER THE DATE OF INITIAL FILING.   18,856       

      Sec. 3125.59.  WITH RESPECT TO A CASE FOR THE ESTABLISHMENT  18,858       

OR MODIFICATION OF A SUPPORT REQUIREMENT THAT INVOLVES COMPLEX     18,859       

LEGAL ISSUES REQUIRING FULL JUDICIAL REVIEW, THE COURT SHALL       18,860       

ISSUE A TEMPORARY SUPPORT ORDER WITHIN THE TIME LIMITS SET FORTH   18,861       

IN SECTION 3125.58 OF THE REVISED CODE.  THE ORDER SHALL BE IN     18,862       

EFFECT UNTIL A FINAL SUPPORT ORDER IS ISSUED IN THE CASE.  ALL     18,863       

CASES IN WHICH THE IMPOSITION OF A NOTICE OR ORDER UNDER SECTION   18,864       

3121.03 OF THE REVISED CODE IS CONTESTED SHALL BE COMPLETED        18,865       

WITHIN THE PERIOD OF TIME SPECIFIED BY LAW FOR COMPLETION OF THE   18,866       

CASE.  THE FAILURE OF A COURT TO COMPLETE A CASE WITHIN THE        18,867       

REQUIRED PERIOD DOES NOT AFFECT THE ABILITY OF ANY COURT TO ISSUE  18,868       

ANY ORDER UNDER THIS SECTION OR ANY OTHER SECTION OF THE REVISED   18,869       

CODE FOR THE PAYMENT OF SUPPORT, DOES NOT PROVIDE ANY DEFENSE TO   18,870       

ANY ORDER FOR THE PAYMENT OF SUPPORT THAT IS ISSUED UNDER THIS     18,871       

SECTION OR ANY OTHER SECTION OF THE REVISED CODE, AND DOES NOT     18,872       

AFFECT ANY OBLIGATION TO PAY SUPPORT.                              18,873       

      Sec. 3125.60.  (A)  IN ANY TITLE IV-D CASE, THE JUDGE, WHEN  18,876       

NECESSARY TO SATISFY THE FEDERAL REQUIREMENT OF EXPEDITED PROCESS  18,878       

FOR OBTAINING COURT SUPPORT ORDERS AND ENFORCING SUPPORT ORDERS,   18,879       

MAY APPOINT MAGISTRATES TO MAKE FINDINGS OF FACT AND               18,881       

RECOMMENDATIONS FOR THE JUDGE'S APPROVAL IN THE CASE.  ALL         18,882       

                                                          432    


                                                                 
MAGISTRATES APPOINTED PURSUANT TO THIS SECTION SHALL BE ATTORNEYS  18,884       

ADMITTED TO THE PRACTICE OF LAW IN THIS STATE.  A COURT THAT       18,885       

APPOINTS A MAGISTRATE PURSUANT TO THIS SECTION MAY APPOINT ANY     18,887       

ADDITIONAL ADMINISTRATIVE AND SUPPORT PERSONNEL FOR THE            18,888       

MAGISTRATE.                                                                     

      (B)  ANY MAGISTRATE APPOINTED PURSUANT TO THIS SECTION MAY   18,891       

PERFORM ANY OF THE FOLLOWING FUNCTIONS:                                         

      (1)  TAKING TESTIMONY AND KEEPING A RECORD IN THE CASE;      18,894       

      (2)  EVALUATING EVIDENCE AND ISSUING RECOMMENDATIONS TO      18,897       

ESTABLISH AND MODIFY COURT SUPPORT ORDERS AND ENFORCE SUPPORT      18,898       

ORDERS;                                                                         

      (3)  ACCEPTING VOLUNTARY ACKNOWLEDGMENTS OF SUPPORT          18,901       

LIABILITY AND STIPULATED AGREEMENTS SETTING THE AMOUNT OF SUPPORT  18,902       

TO BE PAID;                                                                     

      (4)  ENTERING DEFAULT ORDERS IF THE OBLIGOR DOES NOT         18,905       

RESPOND TO NOTICES IN THE CASE WITHIN A REASONABLE TIME AFTER THE  18,906       

NOTICES ARE ISSUED;                                                             

      (5)  ANY OTHER FUNCTIONS CONSIDERED NECESSARY BY THE COURT.  18,908       

      Sec. 3125.99.  WHOEVER VIOLATES SECTION 3125.50 OF THE       18,911       

REVISED CODE SHALL BE FINED NOT MORE THAN FIVE HUNDRED DOLLARS,    18,912       

OR IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH.                   18,913       

      Sec. 3301.071.  (A)  In the case of nontax-supported         18,922       

schools, standards for teacher certification prescribed under      18,923       

section 3301.07 of the Revised Code shall provide for              18,924       

certification, without further educational requirements, of any    18,925       

administrator, supervisor, or teacher who has attended and         18,926       

received a bachelor's degree from a college or university          18,927       

accredited by a national or regional association in the United     18,928       

States except that, at the discretion of the state board of        18,929       

education, this requirement may be met by having an equivalent     18,930       

degree from a foreign college or university of comparable          18,931       

standing.                                                          18,932       

      In the case of nonchartered, nontax-supported schools, the   18,934       

standards for teacher certification prescribed under section       18,935       

                                                          433    


                                                                 
3301.07 of the Revised Code shall provide for certification,       18,936       

without further educational requirements, of any administrator,    18,937       

supervisor, or teacher who has attended and received a diploma     18,938       

from a "bible college" or "bible institute" described in division  18,939       

(E) of section 1713.02 of the Revised Code.                        18,940       

      (B)  Each person applying for a certificate under this       18,942       

section for purposes of serving in a nonpublic school chartered    18,943       

by the state board under section 3301.16 of the Revised Code       18,944       

shall pay a fee in the amount established under division (A) of    18,945       

section 3319.51 of the Revised Code.  Any fees received under      18,946       

this division shall be paid into the state treasury to the credit  18,947       

of the state board of education certification fund established     18,948       

under division (B) of section 3319.51 of the Revised Code.         18,949       

      (C)  A person applying for or holding any certificate        18,951       

pursuant to this section for purposes of serving in a nonpublic    18,952       

school chartered by the state board is subject to SECTIONS         18,954       

3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES                 

ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE AND sections     18,956       

2301.373, 3319.31, and 3319.311 of the Revised Code.               18,958       

      (D)  Divisions (B) and (C) of this section and sections      18,960       

3319.291, 3319.31, and 3319.311 of the Revised Code do not apply   18,961       

to any administrators, supervisors, or teachers in nonchartered,   18,962       

nontax-supported schools.                                          18,963       

      Sec. 3301.074.  (A)  The state board of education shall, by  18,972       

rule adopted in accordance with Chapter 119. of the Revised Code,  18,973       

establish standards for licensing school district treasurers and   18,974       

business managers, for the renewal of such licenses, and for the   18,975       

issuance of duplicate copies of licenses.  Licenses of the         18,976       

following types shall be issued or renewed by the board to         18,977       

applicants who meet the standards for the license or the renewal   18,978       

of the license for which application is made:                      18,979       

      (1)  Treasurer, valid for serving as treasurer of a school   18,981       

district in accordance with section 3313.22 of the Revised Code;   18,982       

      (2)  Business manager, valid for serving as business         18,984       

                                                          434    


                                                                 
manager of a school district in accordance with section 3319.03    18,985       

of the Revised Code.                                               18,986       

      (B)  Each application for a license or renewal or duplicate  18,988       

copy of a license shall be accompanied by the payment of a fee in  18,989       

the amount established under division (A) of section 3319.51 of    18,990       

the Revised Code.  Any fees received under this section shall be   18,991       

paid into the state treasury to the credit of the state board of   18,992       

education licensure fund established under division (B) of         18,994       

section 3319.51 of the Revised Code.                                            

      (C)  Any person employed under section 3313.22 of the        18,996       

Revised Code as a treasurer on July 1, 1983, shall be considered   18,997       

to meet the standards for licensure as a treasurer and for         18,998       

renewal of such license.  Any person employed under section        18,999       

3319.03 of the Revised Code as a business manager on July 1,       19,000       

1983, shall be considered to meet the standards for licensure as   19,001       

a business manager and for renewal of such license.                19,002       

      (D)  Any person applying for or holding any license          19,004       

pursuant to this section is subject to SECTIONS 3123.41 TO         19,006       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE AND sections 2301.373,   19,008       

3319.31, and 3319.311 of the Revised Code.                         19,009       

      Sec. 3301.71.  On receipt of a notice pursuant to section    19,019       

2301.373 3123.43 of the Revised Code, the state board of           19,020       

education shall comply with that section SECTIONS 3123.41 TO       19,022       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        19,024       

license or certificate issued pursuant to this chapter.            19,026       

      Sec. 3304.42.  On receipt of a notice pursuant to section    19,035       

2301.373 3123.43 of the Revised Code, the bureau of services for   19,037       

the visually impaired shall comply with that section SECTIONS      19,039       

3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES                 

ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE with respect to  19,041       

a license issued pursuant to this chapter.                         19,042       

      Sec. 3305.08.  Any payment, benefit, or other right          19,051       

                                                          435    


                                                                 
accruing to any electing employee under a contract the employee    19,053       

enters into for purposes of an alternative retirement plan, any    19,054       

contributions to the electing employee's alternative retirement    19,055       

plan pursuant to section 3305.06 of the Revised Code, and all      19,056       

moneys, investments, and income of those contracts are exempt      19,058       

from any state tax, except the tax imposed by section 5747.02 of                

the Revised Code and, except as provided in sections 3119.80,      19,060       

3119.81, 3121.02, 3121.03, 3123.06, AND 3305.09, 3311.23, and      19,062       

3113.21 of the Revised Code, shall not be subject to execution,    19,065       

garnishment, attachment, the operation of bankruptcy or the        19,066       

insolvency law, or other process of law, and shall be                           

unassignable except as specifically provided in this section and   19,067       

sections 3111.23 3119.80, 3119.81, 3121.02, 3121.03, and 3113.21   19,068       

3123.06 of the Revised Code and any contract the electing          19,071       

employee has entered into for purposes of an alternative           19,072       

retirement plan.                                                                

      Sec. 3307.21.  (A)  The treasurer of state shall furnish     19,081       

annually to the state teachers retirement board a sworn statement  19,082       

of the amount of the funds in the treasurer's custody belonging    19,084       

to the state teachers retirement system.                                        

      (B)(1)  As used in this division, "personal history record"  19,086       

means information maintained by the board on a member, former      19,087       

member, contributor, former contributor, retirant, or beneficiary  19,088       

that includes the address, telephone number, social security       19,089       

number, record of contributions, correspondence with the system,   19,090       

or other information the board determines to be confidential.      19,091       

      (2)  The records of the board shall be open to public        19,093       

inspection, except for the following, which shall be excluded,     19,094       

except with the written authorization of the individual            19,095       

concerned:                                                         19,096       

      (a)  The individual's personal records provided for in       19,098       

section 3307.29 of the Revised Code;                               19,099       

      (b)  The individual's personal history record;               19,101       

      (c)  Any information identifying, by name and address, the   19,103       

                                                          436    


                                                                 
amount of a monthly allowance or benefit paid to the individual.   19,104       

      (C)  All medical reports and recommendations under sections  19,106       

3307.42, 3307.44, and 3307.49 of the Revised Code are privileged,  19,107       

except that copies of such medical reports or recommendations      19,108       

shall be made available to the personal physician, attorney, or    19,109       

authorized agent of the individual concerned upon written release  19,110       

received from the individual or the individual's agent, or, when   19,112       

necessary for the proper administration of the fund, to the board  19,113       

assigned physician.                                                             

      (D)  Any person who is a member or contributor of the        19,115       

system shall be furnished, on written request, with a statement    19,117       

of the amount to the credit of the person's account.  The board    19,118       

need not answer more than one request of a person in any one       19,119       

year.                                                                           

      (E)  Notwithstanding the exceptions to public inspection in  19,121       

division (B)(2) of this section, the board may furnish the         19,122       

following information:                                             19,123       

      (1)  If a member, former member, retirant, contributor, or   19,125       

former contributor is subject to an order issued under section     19,126       

2907.15 of the Revised Code or is convicted of or pleads guilty    19,127       

to a violation of section 2921.41 of the Revised Code, on written  19,128       

request of a prosecutor as defined in section 2935.01 of the       19,129       

Revised Code, the board shall furnish to the prosecutor the        19,130       

information requested from the individual's personal history       19,131       

record.                                                            19,132       

      (2)  Pursuant to a court or administrative order issued      19,134       

under section 3111.23 3119.80, 3119.81, 3121.02, 3121.03, or       19,135       

3113.21 3123.06 of the Revised Code, the board shall furnish to a  19,137       

court or child support enforcement agency the information          19,138       

required under that section.                                                    

      (3)  At the written request of any person, the board shall   19,140       

provide to the person a list of the names and addresses of         19,141       

members, former members, retirants, contributors, former           19,142       

contributors, or beneficiaries.  The costs of compiling, copying,  19,143       

                                                          437    


                                                                 
and mailing the list shall be paid by such person.                 19,144       

      (4)  Within fourteen days after receiving from the director  19,146       

of human services a list of the names and social security numbers  19,147       

of recipients of public assistance pursuant to section 5101.181    19,148       

of the Revised Code, the board shall inform the auditor of state   19,149       

of the name, current or most recent employer address, and social   19,150       

security number of each member whose name and social security      19,151       

number are the same as that of a person whose name or social       19,152       

security number was submitted by the director.  The board and its  19,153       

employees shall, except for purposes of furnishing the auditor of  19,154       

state with information required by this section, preserve the      19,155       

confidentiality of recipients of public assistance in compliance   19,156       

with division (A) of section 5101.181 of the Revised Code.         19,157       

      (F)  A statement that contains information obtained from     19,159       

the system's records that is signed by an officer of the           19,160       

retirement system and to which the system's official seal is       19,161       

affixed, or copies of the system's records to which the signature  19,162       

and seal are attached, shall be received as true copies of the     19,163       

system's records in any court or before any officer of this        19,164       

state.                                                             19,165       

      Sec. 3307.71.  The right of a person to a pension, an        19,174       

annuity, or a retirement allowance itself, any optional benefit,   19,176       

any other right accrued or accruing to any person, under sections  19,177       

3307.01 to 3307.74 of the Revised Code, or the various funds       19,179       

created by section 3307.65 of the Revised Code and all moneys and               

investments and income thereof, are exempt from any state tax,     19,180       

except the tax imposed by section 5747.02 of the Revised Code and  19,182       

are exempt from any county, municipal, or other local tax, except  19,183       

taxes imposed pursuant to section 5748.02 or 5748.08 of the        19,184       

Revised Code and, except as provided in sections 3111.23, 3113.21  19,186       

3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and 3307.72 of the    19,188       

Revised Code, shall not be subject to execution, garnishment,      19,189       

attachment, the operation of bankruptcy or insolvency laws, or     19,190       

any other process of law whatsoever, and shall be unassignable                  

                                                          438    


                                                                 
except as specifically provided in sections 3111.23, 3113.21       19,191       

3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and 3307.01 to        19,192       

3307.74 of the Revised Code.                                       19,193       

      Sec. 3309.22.  (A)  The treasurer of state shall furnish     19,202       

annually to the school employees retirement board a sworn          19,203       

statement of the amount of the funds in the treasurer's custody    19,205       

belonging to the school employees retirement system.               19,206       

      (B)(1)  As used in this division, "personal history record"  19,208       

means information maintained by the board on a member, former      19,209       

member, contributor, former contributor, retirant, or beneficiary  19,210       

that includes the address, telephone number, social security       19,211       

number, record of contributions, correspondence with the system,   19,212       

and other information the board determines to be confidential.     19,213       

      (2)  The records of the board shall be open to public        19,215       

inspection, except for the following, which shall be excluded,     19,216       

except with the written authorization of the individual            19,217       

concerned:                                                         19,218       

      (a)  The individual's statement of previous service and      19,220       

other information as provided for in section 3309.28 of the        19,221       

Revised Code;                                                      19,222       

      (b)  Any information identifying by name and address the     19,224       

amount of a monthly allowance or benefit paid to the individual;   19,225       

      (c)  The individual's personal history record.               19,227       

      (C)  All medical reports and recommendations required by     19,229       

the system are privileged except that copies of such medical       19,230       

reports or recommendations shall be made available to the          19,231       

personal physician, attorney, or authorized agent of the           19,232       

individual concerned upon written release received from the        19,233       

individual or the individual's agent, or when necessary for the    19,235       

proper administration of the fund, to the board assigned           19,236       

physician.                                                                      

      (D)  Any person who is a contributor of the system shall be  19,238       

furnished, on written request, with a statement of the amount to   19,240       

the credit of the person's account.  The board need not answer     19,241       

                                                          439    


                                                                 
more than one such request of a person in any one year.                         

      (E)  Notwithstanding the exceptions to public inspection in  19,243       

division (B)(2) of this section, the board may furnish the         19,244       

following information:                                             19,245       

      (1)  If a member, former member, contributor, former         19,247       

contributor, or retirant is subject to an order issued under       19,248       

section 2907.15 of the Revised Code or is convicted of or pleads   19,249       

guilty to a violation of section 2921.41 of the Revised Code, on   19,250       

written request of a prosecutor as defined in section 2935.01 of   19,251       

the Revised Code, the board shall furnish to the prosecutor the    19,252       

information requested from the individual's personal history       19,253       

record.                                                            19,254       

      (2)  Pursuant to a court or administrative order issued      19,256       

under section 3111.23 3119.80, 3119.81, 3121.02, 3121.03, or       19,257       

3113.21 3123.06 of the Revised Code, the board shall furnish to a  19,259       

court or child support enforcement agency the information          19,260       

required under that section.                                                    

      (3)  At the written request of any person, the board shall   19,262       

provide to the person a list of the names and addresses of         19,263       

members, former members, retirants, contributors, former           19,264       

contributors, or beneficiaries.  The costs of compiling, copying,  19,265       

and mailing the list shall be paid by such person.                 19,266       

      (4)  Within fourteen days after receiving from the director  19,268       

of human services a list of the names and social security numbers  19,269       

of recipients of public assistance pursuant to section 5101.181    19,270       

of the Revised Code, the board shall inform the auditor of state   19,271       

of the name, current or most recent employer address, and social   19,272       

security number of each contributor whose name and social          19,273       

security number are the same as that of a person whose name or     19,274       

social security number was submitted by the director.  The board   19,275       

and its employees shall, except for purposes of furnishing the     19,276       

auditor of state with information required by this section,        19,277       

preserve the confidentiality of recipients of public assistance    19,278       

in compliance with division (A) of section 5101.181 of the         19,279       

                                                          440    


                                                                 
Revised Code.                                                      19,280       

      (F)  A statement that contains information obtained from     19,282       

the system's records that is signed by an officer of the           19,283       

retirement system and to which the system's official seal is       19,284       

affixed, or copies of the system's records to which the signature  19,285       

and seal are attached, shall be received as true copies of the     19,286       

system's records in any court or before any officer of this        19,287       

state.                                                             19,288       

      Sec. 3309.66.  The right of a person to a pension, an        19,297       

annuity, or a retirement allowance itself, any optional benefit,   19,298       

any other right accrued or accruing to any persons, under          19,299       

sections 3309.01 to 3309.68 of the Revised Code, or the various    19,300       

funds created by section 3309.60 of the Revised Code and all       19,301       

moneys and investments and income thereof, are exempt from any     19,302       

state tax, except the tax imposed by section 5747.02 of the        19,303       

Revised Code, and are exempt from any county, municipal, or other  19,304       

local tax, except taxes imposed pursuant to section 5748.02 or     19,305       

5748.08 of the Revised Code and, except as provided in sections    19,306       

3111.23, 3113.21 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and  19,308       

3309.67 of the Revised Code, shall not be subject to execution,    19,310       

garnishment, attachment, the operation of bankruptcy or                         

insolvency laws, or any other process of law whatsoever, and       19,311       

shall be unassignable except as specifically provided in sections  19,312       

3111.23, 3113.21 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and  19,313       

3309.01 to 3309.68 of the Revised Code.                            19,314       

      Sec. 3319.088.  As used in this section, "educational        19,323       

assistant" means any nonteaching employee in a school district     19,324       

who directly assists a teacher as defined in section 3319.09 of    19,326       

the Revised Code, by performing duties for which a license issued  19,328       

pursuant to sections 3319.22 to 3319.30 of the Revised Code is                  

not required.                                                      19,329       

      (A)  The state board of education shall issue educational    19,331       

aide permits and educational paraprofessional licenses for         19,332       

educational assistants and shall adopt rules for the issuance and  19,334       

                                                          441    


                                                                 
renewal of such permits and licenses which shall be consistent     19,335       

with the provisions of this section.  Educational aide permits     19,336       

and educational paraprofessional licenses may be of several types  19,337       

and the rules shall prescribe the minimum qualifications of        19,338       

education, health, and character for the service to be authorized  19,339       

under each type.  The prescribed minimum qualifications may        19,341       

require special training or educational courses designed to        19,342       

qualify a person to perform effectively the duties authorized      19,343       

under an educational aide permit or educational paraprofessional   19,344       

license.                                                                        

      (B)(1)  Any application for a permit or license, or a        19,346       

renewal or duplicate of a permit or license, under this section    19,347       

shall be accompanied by the payment of a fee in the amount         19,348       

established under division (A) of section 3319.51 of the Revised   19,349       

Code.  Any fees received under this division shall be paid into    19,350       

the state treasury to the credit of the state board of education   19,351       

licensure fund established under division (B) of section 3319.51   19,352       

of the Revised Code.                                                            

      (2)  Any person applying for or holding a permit or license  19,354       

pursuant to this section is subject to SECTIONS 3123.41 TO         19,356       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE AND sections 2301.373,   19,358       

3319.31, and 3319.311 of the Revised Code.                         19,360       

      (C)  Educational assistants shall at all times while in the  19,363       

performance of their duties be under the supervision and                        

direction of a teacher as defined in section 3319.09 of the        19,364       

Revised Code.  Educational assistants may assist a teacher to      19,366       

whom assigned in the supervision of pupils, in assisting with                   

instructional tasks, and in the performance of duties which, in    19,367       

the judgment of the teacher to whom the assistant is assigned,     19,369       

may be performed by a person not licensed pursuant to sections     19,370       

3319.22 to 3319.30 of the Revised Code and for which a teaching    19,371       

license, issued pursuant to sections 3319.22 to 3319.30 of the     19,374       

Revised Code is not required.  The duties of an educational                     

                                                          442    


                                                                 
assistant shall not include the assignment of grades to pupils.    19,376       

The duties of an educational assistants need not be performed in   19,377       

the physical presence of the teacher to whom assigned, but the                  

activity of an educational assistant shall at all times be under   19,379       

the direction of the teacher to whom assigned.  The assignment of               

an educational assistant need not be limited to assisting a        19,380       

single teacher.  In the event an educational assistant is          19,381       

assigned to assist more than one teacher the assignments shall be  19,382       

clearly delineated and so arranged that the educational assistant  19,383       

shall never be subject to simultaneous supervision or direction    19,384       

by more than one teacher.                                          19,385       

      Educational assistants assigned to supervise children        19,387       

shall, when the teacher to whom assigned is not physically         19,389       

present, maintain the degree of control and discipline which       19,390       

would be maintained by the teacher, but an educational assistant   19,391       

may not render corporal punishment.                                19,392       

      Educational assistants may not be used in place of           19,394       

classroom teachers or other employees and any payment of           19,396       

compensation by boards of education to educational assistants for  19,397       

such services is prohibited.  The ratio between the number of      19,399       

licensed teachers and the pupils in a school district may not be   19,400       

decreased by utilization of educational assistants and no          19,402       

grouping, or other organization of pupils, for utilization of      19,404       

educational assistants shall be established which is inconsistent  19,405       

with sound educational practices and procedures.  A school         19,407       

district may employ up to one full time equivalent educational     19,408       

assistant for each six full time equivalent licensed employees of  19,410       

the district.  Educational assistants shall not be counted as      19,411       

licensed employees for purposes of state support in the school     19,413       

foundation program and no grouping or regrouping of pupils with    19,414       

educational assistants may be counted as a class or unit for       19,415       

school foundation program purposes.  Neither special courses       19,416       

required by the regulations of the state board of education,       19,417       

prescribing minimum qualifications of education for an                          

                                                          443    


                                                                 
educational assistant, nor years of service as an educational      19,419       

assistant shall be counted in any way toward qualifying for a      19,420       

teacher license, for a teacher contract of any type, or for        19,421       

determining placement on a salary schedule in a school district    19,422       

as a teacher.                                                      19,423       

      (D)  Educational assistants employed by a board of           19,425       

education shall have all rights, benefits, and legal protection    19,427       

available to other nonteaching employees in the school district,   19,428       

except that provisions of Chapter 124. of the Revised Code shall   19,429       

not apply to any person employed as an educational assistant, and  19,431       

shall be members of the school employees retirement system.                     

Educational assistants shall be compensated according to a salary  19,432       

plan adopted annually by the board.                                19,433       

      Except as provided in this section nonteaching employees     19,435       

shall not serve as educational assistants without first obtaining  19,437       

an appropriate educational aide permit or educational                           

paraprofessional license from the state board of education.  A     19,439       

nonteaching employee who is the holder of a valid educational      19,440       

aide permit or educational paraprofessional license shall neither  19,441       

render nor be required to render services inconsistent with the                 

type of services authorized by the permit or license held.  No     19,443       

person shall receive compensation from a board of education for    19,445       

services rendered as an educational assistant in violation of      19,447       

this provision.                                                                 

      Nonteaching employees whose functions are solely             19,449       

secretarial-clerical and who do not perform any other duties as    19,450       

educational assistants, even though they assist a teacher and      19,452       

work under the direction of a teacher shall not be required to     19,453       

hold a permit or license issued pursuant to this section.          19,454       

Students preparing to become licensed teachers or educational      19,455       

assistants shall not be required to hold an educational aide       19,457       

permit or paraprofessional license for such periods of time as     19,459       

such students are assigned, as part of their training program, to  19,460       

work with a teacher in a school district.  Such students shall     19,461       

                                                          444    


                                                                 
not be compensated for such services.                                           

      Following the determination of the assignment and general    19,463       

job description of an educational assistant and subject to         19,464       

supervision by the teacher's immediate administrative officer, a   19,466       

teacher to whom an educational assistant is assigned shall make    19,467       

all final determinations of the duties to be assigned to such      19,468       

assistant.  Teachers shall not be required to hold a license       19,469       

designated for being a supervisor or administrator in order to     19,471       

perform the necessary supervision of educational assistants.       19,472       

      (E)  No person who is, or who has been employed as an        19,474       

educational assistant shall divulge, except to the teacher to      19,476       

whom assigned, or the administrator of the school in the absence                

of the teacher to whom assigned, or when required to testify in a  19,477       

court or proceedings, any personal information concerning any      19,478       

pupil in the school district which was obtained or obtainable by   19,479       

the educational assistant while so employed.  Violation of this    19,481       

provision is grounds for disciplinary action or dismissal, or                   

both.                                                              19,482       

      Sec. 3319.29.  Each application for any license or           19,491       

certificate pursuant to section 3319.22 to 3319.28 of the Revised  19,493       

Code or for any permit pursuant to section 3319.301 of the         19,494       

Revised Code, or renewal or duplicate of such a license,           19,495       

certificate, or permit, shall be accompanied by the payment of a   19,496       

fee in the amount established under division (A) of section        19,498       

3319.51 of the Revised Code.  Any fees received under this         19,499       

section shall be paid into the state treasury to the credit of     19,500       

the state board of education licensure fund established under      19,501       

division (B) of section 3319.51 of the Revised Code.                            

      Any person applying for or holding a license, certificate,   19,504       

or permit pursuant to this section and sections 3319.22 to         19,505       

3319.28 or 3319.301 of the Revised Code is subject to SECTIONS     19,507       

3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES                 

ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE AND sections     19,509       

2301.373, 3319.31, and 3319.311 of the Revised Code.               19,510       

                                                          445    


                                                                 
      Sec. 3319.31.  (A)  As used in this section and sections     19,519       

2301.373 3123.41 TO 3123.50 and 3319.311 of the Revised Code,      19,521       

"license" means a certificate, license, or permit described in     19,522       

division (B) of section 3301.071 or in section 3301.074,           19,523       

3319.088, or 3319.29 of the Revised Code.                          19,524       

      (B)  For any of the following reasons, the state board of    19,526       

education, in accordance with Chapter 119. and section 3319.311    19,527       

of the Revised Code, may refuse to issue a license to an           19,529       

applicant, may limit a license it issues to an applicant, or may   19,530       

suspend, revoke, or limit a license that has been issued to any    19,531       

person:                                                                         

      (1)  Engaging in an immoral act, incompetence, negligence,   19,533       

or conduct that is unbecoming to the applicant's or person's       19,534       

position;                                                                       

      (2)  A plea of guilty to, a finding of guilt by a jury or    19,536       

court of, or a conviction of any of the following:                 19,537       

      (a)  A felony;                                               19,539       

      (b)  A violation of section 2907.04 or 2907.06 or division   19,542       

(A) or (C) of section 2907.07 of the Revised Code;                              

      (c)  An offense of violence;                                 19,544       

      (d)  A theft offense, as defined in section 2913.01 of the   19,546       

Revised Code;                                                      19,547       

      (e)  A drug abuse offense, as defined in section 2925.01 of  19,550       

the Revised Code, that is not a minor misdemeanor;                              

      (f)  A violation of an ordinance of a municipal corporation  19,552       

that is substantively comparable to an offense listed in           19,553       

divisions (B)(2)(a) to (e) of this section.                        19,554       

      (C)  The state board may take action under division (B) of   19,556       

this section on the basis of substantially comparable conduct      19,557       

occurring in a jurisdiction outside this state or occurring        19,558       

before a person applies for or receives any license.               19,559       

      (D)  The state board may adopt rules in accordance with      19,561       

Chapter 119. of the Revised Code to carry out this section and     19,562       

section 3319.311 of the Revised Code.                              19,563       

                                                          446    


                                                                 
      Sec. 3319.312.  On receipt of a notice pursuant to section   19,573       

2301.373 3123.43 of the Revised Code, the state board of           19,574       

education shall comply with that section SECTIONS 3123.41 TO       19,576       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        19,578       

certificate or permit issued pursuant to this chapter.             19,580       

      Sec. 3332.031.  The state board of proprietary school        19,590       

registration shall:                                                             

      (A)  Adopt rules under Chapter 119. of the Revised Code      19,592       

necessary to carry out its duties and responsibilities under this  19,593       

chapter;                                                           19,594       

      (B)  Establish minimum standards for the registration and    19,596       

operation of private career schools including but not necessarily  19,597       

limited to standards to ensure school financial stability;         19,598       

      (C)  Issue certificates of registration to private career    19,600       

schools pursuant to division (A) of section 3332.05 of the         19,601       

Revised Code;                                                      19,602       

      (D)  Suspend or revoke the certificate of registration of    19,604       

schools pursuant to sections 3332.09 and 3332.091 of the Revised   19,605       

Code;                                                              19,606       

      (E)  Establish minimum standards for certificate, diploma,   19,608       

and degree programs offered by schools;                            19,609       

      (F)  Issue program authorization pursuant to divisions (B)   19,611       

and (C) of section 3332.05 of the Revised Code;                    19,612       

      (G)  Suspend or revoke program authorization for schools     19,614       

pursuant to sections 3332.09 and 3332.091 of the Revised Code;     19,615       

      (H)  Establish minimum standards, including but not          19,617       

necessarily limited to a code of ethics, for agents employed by    19,618       

schools registered under this chapter to reasonably ensure that    19,619       

such agents provide adequate, ethical, and accurate information    19,620       

to prospective students;                                           19,621       

      (I)  Grant permits to agents pursuant to sections 3332.10    19,623       

and 3332.11 of the Revised Code;                                   19,624       

      (J)  Suspend or revoke an agent's permit pursuant to         19,626       

                                                          447    


                                                                 
section 2301.373 3123.47 or 3332.12 of the Revised Code;           19,627       

      (K)  Monitor recruitment and admissions practices of         19,629       

schools holding certificates of registration to ensure compliance  19,630       

with this chapter and the rules of the board;                      19,631       

      (L)(1)  Adopt rules requiring all schools to provide all     19,633       

applicant students, prior to their signing enrollment agreements,  19,634       

written information concerning the school's graduation and         19,635       

placement rates for each of the preceding three years and any      19,636       

other information the board deems pertinent.                       19,637       

      (2)  Adopt rules requiring all schools to provide any        19,639       

student or applicant student, prior to the signing of any          19,640       

financial aid, grant, or loan application, written information     19,641       

concerning the obligations of a student obtaining such financial   19,642       

aid, grant, or loan.                                               19,643       

      (3)  Upon request, a school shall furnish the board with a   19,645       

copy of all information required by this division.  The board      19,646       

shall monitor schools to ensure their compliance with this         19,647       

division.                                                          19,648       

      (M)  Adopt a rule requiring all schools to include, in the   19,650       

enrollment agreement, notice that any problems the student is      19,652       

having with the school, or complaints the student has about the    19,653       

school, may be directed to the board, which notice shall include   19,654       

the telephone number of the executive director of the board;       19,655       

      (N)  Report annually to the governor and the general         19,657       

assembly on the activities of the board and private career         19,658       

schools, and make legislative recommendations when necessary to    19,659       

enable the board to better serve the student population and the    19,660       

schools registered under this chapter;                             19,661       

      (O)  Adopt a rule requiring a uniform tuition refund policy  19,663       

for all schools subject to this chapter.  In adopting the rule,    19,664       

the board shall consider the tuition refund policies effectuated   19,665       

by state-supported colleges and universities.  Each school         19,666       

subject to this chapter shall furnish to each prospective          19,667       

student, prior to his THE signing OF an enrollment agreement, a    19,669       

                                                          448    


                                                                 
copy of the tuition refund policy.                                 19,670       

      (P)  Adopt a rule establishing minimum standards for all     19,672       

faculty and instructional staff in all instructional programs at   19,673       

a school.  In the case of full-time faculty members employed for   19,674       

degree programs, such standards shall include all of the           19,675       

following:                                                         19,676       

      (1)  A prohibition against employing on or after July 1,     19,678       

1993, any new full-time faculty member to teach the general study  19,679       

portion of any degree program, unless the person holds a master's  19,680       

degree in the subject matter discipline or holds a master's        19,681       

degree in education with proficiency in the subject matter         19,682       

discipline demonstrated in accordance with the standards adopted   19,683       

by the board.                                                      19,684       

      (2)  Except as provided under the standards adopted          19,686       

pursuant to division (P)(3) of this section, a prohibition         19,687       

against employing or reemploying on or after July 1, 1998, any     19,688       

full-time faculty member to teach the general study portion of     19,689       

any degree program, unless the person holds a master's degree in   19,690       

the subject matter discipline or holds a master's degree in        19,691       

education with proficiency in the subject matter discipline        19,692       

demonstrated in accordance with the standards adopted by the       19,693       

board.                                                             19,694       

      (3)  Standards under which the board, upon written request   19,696       

submitted to the board prior to July 1, 1994, by any school, may   19,697       

exempt the school from the prohibition adopted pursuant to         19,698       

division (P)(2) of this section with regard to any individual      19,699       

full-time faculty member employed by the school who has            19,700       

demonstrated outstanding teaching performance in the general       19,701       

study portion of any degree program at the school for a period of  19,702       

at least six years prior to July 1, 1993.                          19,703       

      (4)  Definitions of "full-time faculty member," "new         19,705       

faculty member," and any other term the board considers necessary  19,706       

to define.                                                         19,707       

      (Q)  Adopt a rule prohibiting a school or branch campus      19,709       

                                                          449    


                                                                 
thereof from claiming accreditation from an accrediting agency in  19,710       

any of its advertising, recruiting, or promotional materials       19,711       

unless the agency is recognized as an accrediting agency by the    19,712       

United States department of education.                             19,713       

      Sec. 3332.18.  On receipt of a notice pursuant to section    19,723       

2301.373 3123.43 of the Revised Code, the state board of           19,724       

proprietary school registration shall comply with that section     19,725       

SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY            19,726       

APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED      19,727       

CODE with respect to a permit issued pursuant to this chapter.     19,729       

      Sec. 3705.09.  (A)  A birth certificate for each live birth  19,738       

in this state shall be filed in the registration district in       19,739       

which it occurs within ten days after such birth and shall be      19,740       

registered if it has been completed and filed in accordance with   19,741       

this section.                                                      19,742       

      (B)  When a birth occurs in or en route to an institution,   19,744       

the person in charge of the institution or a designated            19,745       

representative shall obtain the personal data, prepare the         19,746       

certificate, secure the signatures required, and file the          19,747       

certificate within ten days with the local registrar of vital      19,748       

statistics.  The physician in attendance shall provide the         19,749       

medical information required by the certificate and certify to     19,750       

the facts of birth within seventy-two hours after the birth.       19,751       

      (C)  When a birth occurs outside an institution, the birth   19,753       

certificate shall be prepared and filed by one of the following    19,754       

in the indicated order of priority:                                19,755       

      (1)  The physician in attendance at or immediately after     19,757       

the birth;                                                         19,758       

      (2)  Any other person in attendance at or immediately after  19,760       

the birth;                                                         19,761       

      (3)  The father;                                             19,763       

      (4)  The mother;                                             19,765       

      (5)  The person in charge of the premises where the birth    19,767       

occurred.                                                          19,768       

                                                          450    


                                                                 
      (D)  Either of the parents of the child or other informant   19,770       

shall attest to the accuracy of the personal data entered on the   19,771       

birth certificate in time to permit the filing of the certificate  19,772       

within the ten days prescribed in this section.                    19,773       

      (E)  When a birth occurs in a moving conveyance within the   19,775       

United States and the child is first removed from the conveyance   19,776       

in this state, the birth shall be registered in this state and     19,777       

the place where it is first removed shall be considered the place  19,778       

of birth.  When a birth occurs on a moving conveyance while in     19,779       

international waters or air space or in a foreign country or its   19,780       

air space and the child is first removed from the conveyance in    19,781       

this state, the birth shall be registered in this state but the    19,782       

record shall show the actual place of birth insofar as can be      19,783       

determined.                                                        19,784       

      (F)(1)  If the mother of a child was married at the time of  19,786       

either conception or birth or between conception and birth, the    19,787       

child shall be registered in the surname designated by the         19,788       

mother, and the name of the husband shall be entered on the        19,789       

certificate as the father of the child.  The presumption of        19,790       

paternity shall be in accordance with section 3111.03 of the       19,791       

Revised Code.                                                      19,792       

      (2)  If the mother was not married at the time of            19,794       

conception or birth or between conception and birth, the child     19,795       

shall be registered by the surname designated by the mother.  The  19,796       

name of the father of such child shall also be inserted on the     19,797       

birth certificate if both the mother and the father sign an        19,798       

acknowledgement of paternity affidavit before the birth record     19,800       

has been sent to the local registrar.  If the father is not named  19,801       

on the birth certificate pursuant to division (F)(1) or (2) of     19,802       

this section, no other information about the father shall be       19,804       

entered on the record.                                                          

      (G)  When a man is presumed or found to be the father of a   19,806       

child, according to sections 3111.01 to 3111.19 3111.18, former    19,808       

section 3111.21, or section 3111.22 SECTIONS 3111.38 TO 3111.54    19,809       

                                                          451    


                                                                 
of the Revised Code, or the father has acknowledged the child as   19,813       

his child in an acknowledgment of paternity, and the               19,814       

acknowledgment has become final pursuant to section 2151.232,      19,815       

3111.211 3111.25, or 5101.314 3111.821 of the Revised Code, and    19,817       

documentary evidence of such fact is submitted to the department   19,818       

of health in such form as the director may require, a new birth    19,819       

record shall be issued by the department which shall have the      19,820       

same overall appearance as the record which would have been        19,821       

issued under this section if a marriage had occurred before the    19,822       

birth of such child.  Where handwriting is required to effect      19,823       

such appearance, the department shall supply it.  Upon the         19,824       

issuance of such new birth record, the original birth record       19,825       

shall cease to be a public record.  Except as provided in          19,827       

division (C) of section 3705.091 of the Revised Code, the          19,828       

original record and any documentary evidence supporting the new    19,829       

registration of birth shall be placed in an envelope which shall   19,830       

be sealed by the department and shall not be open to inspection    19,831       

or copy unless so ordered by a court of competent jurisdiction.    19,832       

      The department shall then promptly forward a copy of the     19,834       

new birth record to the local registrar of vital statistics of     19,835       

the district in which the birth occurred, and such local           19,836       

registrar shall file a copy of such new birth record along with    19,837       

and in the same manner as the other copies of birth records in     19,838       

such local registrar's possession.  All copies of the original     19,839       

birth record in the possession of the local registrar or the       19,840       

probate court, as well as any and all index references to it,      19,841       

shall be destroyed.  Such new birth record, as well as any         19,842       

certified or exact copy of it, when properly authenticated by a    19,843       

duly authorized person shall be prima-facie evidence in all        19,844       

courts and places of the facts stated in it.                       19,845       

      (H)  When a woman who is a legal resident of this state has  19,847       

given birth to a child in a foreign country that does not have a   19,848       

system of registration of vital statistics, a birth record may be  19,849       

filed in the office of vital statistics on evidence satisfactory   19,850       

                                                          452    


                                                                 
to the director of health.                                         19,851       

      (I)  Every birth certificate filed under this section on or  19,853       

after July 1, 1990, shall be accompanied by all social security    19,854       

numbers that have been issued to the parents of the child, unless  19,855       

the bureau of child support in the department of human services,   19,856       

acting in accordance with regulations prescribed under the         19,857       

"Family Support Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 405, as  19,858       

amended, finds good cause for not requiring that the numbers be    19,859       

furnished with the certificate.  The parents' social security      19,860       

numbers shall not be recorded on the certificate.  The local       19,861       

registrar of vital statistics shall transmit the social security   19,862       

numbers to the state office of vital statistics in accordance      19,863       

with section 3705.07 of the Revised Code.  No social security      19,864       

number obtained under this division shall be used for any purpose  19,865       

other than child support enforcement.                              19,866       

      Sec. 3705.091.  (A)  If the natural mother and alleged       19,875       

father of a child sign an acknowledgment of paternity affidavit    19,876       

prepared pursuant to section 5101.324 3111.31 of the Revised Code  19,878       

with respect to that child at the office of the local registrar,   19,880       

the local registrar shall provide a notary public to notarize the  19,881       

acknowledgment.  The local registrar shall send a signed and       19,882       

notarized acknowledgment of paternity to the division OFFICE of    19,883       

child support in the department of human services pursuant to      19,885       

section 5101.314 3111.22 of the Revised Code.  The local           19,887       

registrar shall send the acknowledgment no later than ten days     19,888       

after it has been signed and notarized.  If the local registrar    19,889       

knows a man is presumed under section 3111.03 of the Revised Code  19,891       

to be the father of the child AND THAT THE PRESUMED FATHER IS NOT               

THE MAN WHO SIGNED OR IS ATTEMPTING TO SIGN AN ACKNOWLEDGMENT      19,892       

WITH RESPECT TO THE CHILD, the local registrar shall not notarize  19,894       

or send an THE acknowledgment with respect to the child pursuant   19,896       

to this section.                                                                

      (B)  The local registrar of vital statistics shall provide   19,898       

an acknowledgment of paternity affidavit described in division     19,899       

                                                          453    


                                                                 
(A) of this section to any person that requests it.                19,900       

      (C)  The department of health shall store all                19,903       

acknowledgments of paternity affidavits it receives pursuant to    19,904       

section 5101.314 3111.24 of the Revised Code.  The department of   19,905       

health shall send to the division OFFICE any acknowledgment the    19,906       

department is storing that the division OFFICE requests.  The      19,908       

department of health shall adopt rules pursuant to Chapter 119.    19,910       

of the Revised Code to govern the method of storage of the         19,911       

acknowledgments and to implement this section.                                  

      (D)  The department of health and the department of human    19,914       

services shall enter into an agreement regarding expenses          19,915       

incurred by the department of health in comparing acknowledgment   19,916       

of paternity affidavits to birth records and storage of            19,917       

acknowledgment of paternity affidavits.                                         

      Sec. 3710.19.  On receipt of a notice pursuant to section    19,927       

2301.373 3123.43 of the Revised Code, the department of health     19,928       

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  19,930       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        19,931       

3123.63 OF THE REVISED CODE with respect to a license or           19,932       

certificate issued pursuant to this chapter.                                    

      Sec. 3719.82.  On receipt of a notice pursuant to section    19,942       

2301.373 3123.43 of the Revised Code, the state board of pharmacy  19,943       

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  19,945       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        19,946       

3123.63 OF THE REVISED CODE with respect to a license issued       19,947       

pursuant to this chapter.                                                       

      Sec. 3723.18.  On receipt of a notice pursuant to section    19,957       

2301.373 3123.43 of the Revised Code, the director of health       19,958       

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  19,960       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        19,961       

3123.63 OF THE REVISED CODE with respect to a license issued       19,962       

pursuant to this chapter.                                                       

      Sec. 3727.17.  Each hospital shall provide a staff person    19,971       

to do all of the following:                                        19,972       

                                                          454    


                                                                 
      (A)  Meet with each unmarried mother who gave birth in or    19,974       

en route to the hospital within twenty-four hours after the birth  19,975       

or before the mother is released from the hospital;                19,976       

      (B)  Attempt to meet with the father of the unmarried        19,978       

mother's child if possible;                                        19,979       

      (C)  Explain to the unmarried mother and the father, if the  19,981       

father is present, the benefit to the child of establishing a      19,982       

parent and child relationship between the father and the child     19,983       

and the various proper procedures for establishing a parent and    19,984       

child relationship;                                                19,985       

      (D)  Present to the unmarried mother and, if possible, the   19,987       

father, the pamphlet or statement regarding the rights and         19,988       

responsibilities of a natural parent prepared by the department    19,989       

of human services pursuant to section 5101.324 3111.32 of the      19,990       

Revised Code;                                                      19,991       

      (E)  Provide the unmarried mother, and if possible the       19,993       

father, all forms and statements necessary to voluntarily          19,996       

establish a parent and child relationship, including the           19,997       

acknowledgment of paternity form prepared by the department of     19,998       

human services pursuant to section 5101.324 3111.31 of the         19,999       

Revised Code and required under section 5101.314 of the Revised    20,001       

Code;                                                              20,002       

      (F)  Upon both the mother's and father's request, help the   20,004       

mother and father complete any specific form or statement          20,005       

necessary to establish a parent and child relationship;            20,006       

      (G)  Present to an unmarried mother who is not a recipient   20,008       

of medicaid or a participant in Ohio works first an application    20,009       

for Title IV-D services;                                           20,010       

      (H)  Mail the voluntary acknowledgment of paternity, no      20,013       

later than ten days after it is completed, to the division OFFICE  20,014       

of child support in the department of human services.              20,015       

      Each hospital shall provide a notary public to notarize an   20,017       

acknowledgment of paternity signed by the mother and father.  If   20,019       

a hospital knows or determines that a man is presumed under        20,020       

                                                          455    


                                                                 
section 3111.03 of the Revised Code to be the father of the child  20,021       

described in this section AND THAT THE PRESUMED FATHER IS NOT THE  20,022       

MAN WHO SIGNED OR IS ATTEMPTING TO SIGN AN ACKNOWLEDGMENT WITH     20,023       

RESPECT TO THE CHILD, the hospital shall take no further action    20,025       

with regard to an THE acknowledgment and shall not mail an THE     20,026       

acknowledgment with respect to the child pursuant to this          20,027       

section.                                                           20,028       

      A hospital may contract with a person or government entity   20,031       

to fulfill its responsibilities under this section and section     20,032       

2301.357 SECTIONS 3111.71 TO 3111.74 of the Revised Code.          20,034       

Services provided by a hospital under this section or pursuant to  20,035       

a contract under section 2301.357 3111.27 of the Revised Code do   20,037       

not constitute the practice of law.  A hospital shall not be       20,038       

subject to criminal or civil liability for any damage or injury    20,039       

alleged to result from services provided pursuant to this section  20,040       

or section 2301.357 SECTIONS 3111.71 TO 3111.74 of the Revised     20,042       

Code unless the hospital acted with malicious purpose, in bad      20,044       

faith, or in a wanton or reckless manner.                          20,045       

      Sec. 3737.883.  On receipt of a notice pursuant to section   20,055       

2301.373 3123.43 of the Revised Code, the state fire marshal       20,056       

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  20,058       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        20,059       

3123.63 OF THE REVISED CODE with respect to a certificate issued   20,060       

pursuant to section 3737.34, 3737.65, 3737.83, or 3737.881 of the  20,061       

Revised Code.                                                                   

      Sec. 3742.20.  On receipt of a notice pursuant to section    20,071       

2301.373 3123.43 of the Revised Code, the director of health       20,072       

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  20,075       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        20,076       

3123.63 OF THE REVISED CODE with respect to a license issued       20,078       

pursuant to this chapter.                                                       

      Sec. 3701.915 3748.121.  On receipt of a notice pursuant to  20,087       

section 2301.373 3123.43 of the Revised Code, the director of      20,088       

health shall comply with that section SECTIONS 3123.41 TO 3123.50  20,091       

                                                          456    


                                                                 
OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER                      

SECTION 3123.63 OF THE REVISED CODE with respect to a certificate  20,093       

issued pursuant to section 3701.913 3748.12 of the Revised Code.   20,095       

      Sec. 3770.07.  (A)(1)  Lottery prize awards shall be         20,104       

claimed by the holder of the winning lottery ticket, or by the     20,105       

executor or administrator, or the trustee of a trust, of the       20,106       

estate of a deceased holder of a winning ticket, in a manner to    20,108       

be determined by the state lottery commission, within one hundred  20,109       

eighty days after the date on which such prize award was           20,110       

announced if the lottery game is an on-line game, and within one   20,111       

hundred eighty days after the close of the game if the lottery     20,112       

game is an instant game.  Except as otherwise provided in          20,113       

division (B) of this section, if no valid claim to the prize       20,114       

award is made within the prescribed period, the prize money or     20,115       

the cost of goods and services awarded as prizes, or if such       20,116       

goods or services are resold by the commission, the proceeds from  20,117       

such sale, shall be returned to the state lottery fund and         20,118       

distributed in accordance with section 3770.06 of the Revised      20,119       

Code.                                                                           

      (2)  If a person entitled to a prize award is under          20,121       

eighteen years of age, or is under some other legal disability,    20,122       

and the prize money or the cost of goods or services awarded as a  20,123       

prize exceeds one thousand dollars, the director shall order that  20,124       

payment be made to the order of the legal guardian of such         20,125       

winning ticket holder.  If the amount of the prize money or the    20,126       

cost of goods or services awarded as a prize is one thousand       20,127       

dollars or less, the director may order that payment be made to    20,128       

the order of the adult member, if any, of such winning ticket      20,129       

holder's family legally responsible for the care of such winning   20,130       

person.                                                            20,131       

      (3)  No right of any person to a prize award shall be the    20,133       

subject of a security interest or used as collateral.              20,134       

      (4)  No right of any person to a prize award shall be        20,136       

assignable, or subject to garnishment, attachment, execution,      20,137       

                                                          457    


                                                                 
withholding, or deduction, except as follows:  as provided in      20,138       

sections 3111.23 3119.80, 3119.81, 3121.02, 3121.03, and 3113.21   20,140       

3123.06 of the Revised Code; when the payment is to be made to     20,142       

the executor or administrator or the trustee of a trust of the     20,143       

estate of a winning ticket holder; when the award of a prize is    20,144       

disputed, any person may be awarded a prize award to which         20,145       

another has claimed title, pursuant to the order of a court of     20,146       

competent jurisdiction; or when the director is to make a payment  20,147       

pursuant to section 3770.071 of the Revised Code.                  20,148       

      The commission shall adopt rules pursuant to section         20,150       

3770.03 of the Revised Code concerning the payment of prize        20,151       

awards upon the death of a prize winner.  Upon the death of a      20,152       

prize winner, the remainder of the prize winner's prize award may  20,154       

be paid to the executor, administrator, or trustee in the form of  20,155       

a discounted lump sum cash settlement.                                          

      (5)  No lottery prize award shall be awarded to or for any   20,157       

officer or employee of the state lottery commission, any officer   20,158       

or employee of the auditor of state actively coordinating and      20,159       

certifying commission drawings, or any blood relative or spouse    20,161       

of such officer or employee of the commission or auditor of state  20,162       

living as a member of such officer's or employee's household, nor  20,163       

shall any such employee, blood relative, or spouse attempt to      20,164       

claim a lottery prize award.                                       20,165       

      (6)  The director may prohibit vendors to the commission     20,167       

and their employees from being awarded a lottery prize award.      20,168       

      (7)  Upon the payment of prize awards pursuant to this       20,171       

section the director and the commission are discharged from all    20,172       

further liability therefor.                                                     

      (B)  The commission may adopt rules governing the            20,174       

disbursement of unclaimed prize awards as all or part of the       20,175       

prize award in a lottery and may, pursuant to those rules,         20,176       

conduct the lottery and disburse any such unclaimed prize awards.  20,177       

Any lottery in which all or any part of the prize award is paid    20,178       

from unclaimed prize awards shall be conducted in accordance with  20,179       

                                                          458    


                                                                 
all of the other requirements of this chapter, including, but not  20,180       

limited to, the time and proof requirements for claiming awards    20,181       

and the disposition of unclaimed prize awards when the prescribed  20,182       

period for claiming the award has passed.  A prize award or any    20,183       

part of a prize award that is paid from an unclaimed prize award   20,184       

shall not be reapplied toward the satisfaction of the requirement  20,185       

of division (A) of section 3770.06 of the Revised Code that at     20,186       

least fifty per cent of the total revenues from ticket sales be    20,187       

disbursed for monetary prize awards, if such unclaimed prize       20,188       

award was previously applied toward the satisfaction of that       20,189       

requirement.  On or before the last day of January and July each   20,190       

year, the commission shall report to the general assembly the      20,191       

gross sales and net profits the commission obtained from the       20,192       

unclaimed prize awards in lotteries conducted pursuant to this     20,193       

division during the preceding two calendar quarters, including     20,194       

the amount of money produced by the games funded by the unclaimed  20,195       

prize awards and the total revenue accruing to the state from the  20,196       

prize award lotteries conducted pursuant to this division.         20,197       

      There is hereby established in the state treasury the        20,199       

unclaimed lottery prizes fund, to which all unclaimed prize        20,200       

awards shall be transferred.  Any interest which accrues on the    20,201       

amounts in the fund shall become a part of the fund and shall be   20,202       

subject to any rules adopted by the commission governing the       20,203       

disbursement of unclaimed prize awards.                            20,204       

      Sec. 3770.071.  (A)  If the amount of the prize money or     20,213       

the cost of goods or services awarded as a lottery prize award is  20,214       

six hundred dollars or more, the director of the state lottery     20,215       

commission, or the director's designee, shall require the person   20,216       

entitled to the prize award to affirm in writing, under oath,      20,217       

whether or not the person is in default under a support order.     20,218       

The director or the director's designee also may take any          20,219       

additional appropriate steps to determine if the person entitled   20,220       

to the prize award is in default under a support order.  If the    20,221       

person entitled to the prize award affirms that the person is in   20,222       

                                                          459    


                                                                 
default under a support order, or if the director or the           20,223       

director's designee determines that the person is in default       20,224       

under a support order, the director or the director's designee     20,225       

shall temporarily withhold payment of the prize award and inform   20,226       

the court that issued the support order that the person is         20,228       

entitled to a prize award, of the amount of the prize award, and,  20,229       

if the prize award is to be paid in annual installments, of the    20,230       

number of installments.                                            20,231       

      After receipt of the notice from the director or the         20,233       

director's designee, the court shall give the person notice of     20,235       

the director's notice, schedule a hearing to determine if the      20,236       

person is in default and the amount of the default, and give the   20,237       

person notice of the date, time, and location of the hearing.  If  20,238       

the court at the hearing determines that the person is in          20,239       

default, it shall issue an order to the director at lottery        20,240       

commission headquarters requiring the director or the director's   20,241       

designee to deduct from any unpaid prize award or any annual       20,242       

installment payment of the prize award, a specified amount for     20,243       

child support or spousal support in satisfaction of the support    20,244       

order under which the person is in default.  To the extent         20,245       

possible, the amount specified to be deducted under the order      20,246       

issued under this section shall satisfy the amount ordered for     20,247       

support or spousal support in the support order under which the    20,248       

person is in default.  Within thirty days after the date on which  20,249       

the court issues the order under this section to the director,     20,250       

the director shall pay the amount specified in that order to the   20,251       

division OFFICE of child support in the department of human        20,252       

services.  If the prize award is to be paid in annual              20,254       

installments, the director or the director's designee, on the      20,255       

date the installment payment is due, shall pay the amount          20,256       

specified in the court order issued under this section from that   20,257       

installment and, if necessary, any subsequent annual               20,258       

installments, at the time such installments become due and owing   20,259       

to the prize winner, to the division OFFICE of child support.      20,260       

                                                          460    


                                                                 
      (B)  As used in this section, "support order" and "default"  20,262       

have the same meanings as in section 2301.34 3121.01 of the        20,263       

Revised Code.                                                      20,264       

      (C)  No person shall knowingly make a false affirmation or   20,266       

oath required by division (A) of this section.                     20,267       

      Sec. 3773.36.  Upon the proper filing of an application to   20,275       

conduct public boxing or wrestling matches or exhibitions,         20,276       

accompanied by the cash bond, certified check, bank draft, or      20,278       

surety bond required by section 3773.35, and the application fee   20,279       

required by section 3773.43 of the Revised Code, the Ohio          20,280       

athletic commission shall issue a promoter's license to the        20,281       

applicant if it finds that the applicant is not in default on any  20,282       

payment, obligation, or debt payable to the state under sections   20,283       

3773.31 to 3773.57 of the Revised Code, is financially             20,284       

responsible, and is knowledgeable in the proper conduct of such    20,285       

matches or exhibitions.                                            20,286       

      Each license issued pursuant to this section shall bear the  20,288       

name of the licensee, the post office address of the licensee,     20,289       

the date of issue, a serial number designated by the commission,   20,290       

the seal of the commission, and the signature of the commission    20,292       

chairperson.                                                                    

      A promoter's license shall expire twelve months after its    20,294       

date of issuance and shall become invalid on that date unless      20,295       

renewed.  A promoter's license may be renewed upon application to  20,296       

the commission and upon payment of the renewal fee prescribed in   20,297       

section 3773.43 of the Revised Code.  The commission shall renew   20,298       

the license unless it denies the application for renewal for one   20,299       

or more reasons stated in section 2301.373 3123.47 or 3773.53 of   20,301       

the Revised Code.                                                  20,302       

      Sec. 3773.42.  Upon the proper filing of an application for  20,310       

a referee's, judge's, matchmaker's, timekeeper's, manager's,       20,311       

trainer's, contestant's, or second's license and payment of the    20,312       

applicable application fee, the Ohio athletic commission shall     20,313       

issue the license to the applicant if it determines that the       20,315       

                                                          461    


                                                                 
applicant is of good moral character, is not likely to engage in   20,316       

acts detrimental to the fair and honest conduct of public boxing   20,317       

matches or exhibitions, and is qualified to hold such a license    20,318       

by reason of the applicant's knowledge and experience.             20,319       

      A person shall not be determined to possess the knowledge    20,321       

and experience necessary to qualify that person to hold a          20,322       

referee's license unless all of the following conditions are met:  20,323       

      (A)  The person has completed such referee training          20,325       

requirements as the commission prescribes by rule;                 20,326       

      (B)  The person possesses such experience requirements as    20,328       

the commission prescribes by rule;                                 20,329       

      (C)  The person has obtained a passing grade on an           20,331       

examination administered by the commission and designed to test    20,332       

the examinee's knowledge of the rules of the particular sport      20,333       

that the person seeks to referee, the commission's rules           20,335       

applicable to the conduct of matches and exhibitions in the        20,336       

particular sport that the person seeks to referee, and such other               

aspects of officiating as the commission determines appropriate    20,338       

to its determination as to whether the applicant possesses the     20,339       

qualifications and capabilities to act as a referee.               20,340       

      The commission shall issue a referee's license to each       20,343       

person who meets the requirements of divisions (A) to (C) of this               

section.                                                           20,344       

      If upon the proper filing of an application for a            20,346       

contestant's license the commission determines that the applicant  20,347       

is of good moral character, is not likely to engage in acts        20,349       

detrimental to the conduct of public boxing matches or                          

exhibitions, and possesses sufficient knowledge and experience     20,350       

and, in the opinion of the licensed physician who examined the     20,351       

applicant pursuant to section 3773.41 of the Revised Code, is      20,352       

physically fit to engage in public boxing matches or exhibitions,  20,353       

the commission shall issue the license to the applicant.           20,354       

      Each license issued pursuant to this section shall bear the  20,356       

correct name and ring or assumed name, if any, of the licensee,    20,357       

                                                          462    


                                                                 
the address of the licensee, the date of issue, a serial number    20,358       

designated by the commission, the seal of the commission, and the  20,359       

signature of the commission chairperson.                           20,360       

      A license issued pursuant to this section shall expire       20,362       

twelve months after its date of issue unless renewed.  Upon        20,363       

application for renewal and payment of the renewal fee prescribed  20,364       

in section 3773.43 of the Revised Code, the commission shall       20,365       

renew the license unless it denies the application for one or      20,366       

more reasons stated in section 2301.373 3123.47 or 3773.53 of the  20,367       

Revised Code.  If the application is for renewal of a              20,369       

contestant's license, the commission shall also require the        20,370       

applicant to submit the results of a physical examination that a   20,371       

licensed physician conducted not more than sixty days prior to     20,372       

the date of the application.                                                    

      Sec. 3773.59.  On receipt of a notice pursuant to section    20,382       

2301.373 3123.43 of the Revised Code, the Ohio athletic            20,383       

commission shall comply with that section SECTIONS 3123.41 TO      20,384       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        20,386       

license issued pursuant to this chapter.                           20,387       

      Sec. 3783.09.  On receipt of a notice pursuant to section    20,397       

2301.373 3123.43 of the Revised Code, the board of building        20,398       

standards shall comply with that section SECTIONS 3123.41 TO       20,400       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        20,402       

certificate issued pursuant to this chapter.                       20,403       

      Sec. 3905.53.  On receipt of a notice pursuant to section    20,413       

2301.373 3123.43 of the Revised Code, the superintendent of        20,414       

insurance shall comply with that section SECTIONS 3123.41 TO       20,416       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        20,418       

license issued pursuant to this chapter.                           20,419       

      Sec. 3921.281 3921.331.  On receipt of a notice pursuant to  20,428       

section 2301.373 3123.43 of the Revised Code, the superintendent   20,430       

                                                          463    


                                                                 
of insurance shall comply with that section SECTIONS 3123.41 TO    20,432       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        20,434       

license issued pursuant to this chapter.                           20,435       

      Sec. 3924.48.  (A)  If a parent of a child is required by a  20,444       

court or administrative order to provide health care coverage for  20,445       

the child, and if the parent is eligible for family health care    20,446       

coverage provided by a health insurer, the health insurer shall    20,447       

do both of the following:                                          20,448       

      (1)  If the child is otherwise eligible for the coverage,    20,450       

permit the parent to enroll the child under the family coverage    20,451       

without regard to any enrollment period restrictions;              20,452       

      (2)  If the parent is enrolled under the coverage but fails  20,454       

to make application to obtain coverage for the child, enroll the   20,455       

child under the family coverage upon application of the child's    20,456       

other parent or pursuant to a child support order containing       20,458       

provisions in compliance with section 3111.241 or 3113.217         20,460       

SECTIONS 3119.30 TO 3119.58 of the Revised Code.                   20,461       

      (B)  The health insurer shall not terminate the child's      20,463       

coverage unless the health insurer is provided satisfactory        20,464       

written evidence of either of the following:                       20,465       

      (1)  The court or administrative order is no longer in       20,467       

effect.                                                            20,468       

      (2)  The child is or will be enrolled under comparable       20,470       

health care coverage provided by another health insurer, which     20,471       

coverage will take effect not later than the effective date of     20,472       

the termination of the current coverage.                           20,473       

      (C)  As used in this section, "child support order" has the  20,476       

same meaning as in section 2301.373 3119.01 of the Revised Code.   20,478       

      Sec. 3924.49.  (A)  If a parent of a child is required by a  20,487       

court or administrative order to provide health care coverage for  20,488       

the child, which coverage is available through an employer doing   20,489       

business in this state, the employer shall do all of the           20,490       

following:                                                         20,491       

                                                          464    


                                                                 
      (1)  If the child is otherwise eligible for the family       20,493       

coverage, permit the parent to enroll the child under the          20,494       

coverage without regard to any enrollment period restrictions;     20,495       

      (2)  If the parent is enrolled under the coverage but fails  20,497       

to make application to obtain coverage for the child, enroll the   20,498       

child under the family coverage upon application of the child's    20,499       

other parent or pursuant to a child support order containing       20,501       

provisions in compliance with section 3111.241 or 3113.217         20,503       

SECTIONS 3119.30 TO 3119.58 of the Revised Code;                   20,504       

      (3)  Withhold from the employee's compensation the           20,506       

employee's share of premiums for the health care coverage, if      20,507       

any, and pay that amount to the health insurer providing the       20,508       

coverage.                                                          20,509       

      (B)  The employer shall not terminate the child's coverage   20,511       

unless the employer has eliminated family coverage for all of its  20,512       

employees or unless the employer is provided satisfactory written  20,513       

evidence of either of the following:                               20,514       

      (1)  The court or administrative order is no longer in       20,516       

effect.                                                            20,517       

      (2)  The child is or will be enrolled under comparable       20,519       

health care coverage that will take effect not later than the      20,520       

effective date of the termination of the current coverage.         20,521       

      (C)  As used in this section, "child support order" has the  20,523       

same meaning as in section 2301.373 3119.01 of the Revised Code.   20,524       

      Sec. 3931.13.  On receipt of a notice pursuant to section    20,533       

2301.373 3123.43 of the Revised Code, the superintendent of        20,535       

insurance shall comply with that section SECTIONS 3123.41 TO       20,537       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        20,539       

license issued pursuant to this chapter.                                        

      Sec. 3941.02.  (A)  A domestic mutual company may be         20,548       

organized by not less than twenty persons, to carry on the         20,549       

business of mutual insurance and to reinsure and to accept         20,550       

reinsurance as authorized by law and its articles of               20,551       

                                                          465    


                                                                 
incorporation.  Such persons shall execute articles of             20,552       

incorporation which, if not inconsistent with the constitution     20,553       

and laws of this state and of the United States, shall be          20,554       

approved by the attorney general and the secretary of state.  The  20,555       

articles and the certificate of approval by the attorney general   20,556       

shall be recorded by the secretary of state who shall deposit a    20,557       

copy thereof with the superintendent of insurance.                 20,558       

      (B)  If the articles of incorporation of a domestic,         20,560       

foreign, or alien, mutual or stock insurance company empower it,   20,561       

or if the power of attorney or subscribers' agreement empowers     20,562       

the attorney in fact of a reciprocal or interinsurance exchange,   20,563       

to transact any of the kinds of insurance described in division    20,564       

(A) of section 3929.01 of the Revised Code, such company or        20,565       

attorney may apply to the superintendent for the appropriate       20,566       

license or certificate of authority, as provided in section        20,567       

3925.11, 3927.01, 3931.10, or 3941.06 of the Revised Code, which   20,568       

application shall state which of the kinds of insurance it         20,569       

proposes to transact, and the superintendent shall act thereon in  20,570       

the manner prescribed by that section.                             20,571       

      (C)  An Ohio agent shall be licensed, upon written notice    20,574       

of appointment by a domestic, foreign, or alien, mutual or stock   20,575       

insurance company, to procure, receive, or forward application     20,576       

for the kinds of insurance the company is authorized to transact   20,577       

in this state if the agent is then licensed to write all of the    20,578       

kinds of insurance described in division (A) of section 3929.01    20,579       

of the Revised Code, either for the company or for any other       20,580       

company or companies authorized to transact insurance business in  20,581       

this state.  An Ohio agent not so licensed shall not procure,      20,582       

receive, or forward applications for any kind of insurance for     20,583       

the company until qualified and licensed to procure, receive, or   20,584       

forward applications for all of the kinds of insurance described   20,585       

in division (A) of section 3929.01 of the Revised Code, in         20,586       

accordance with the applicable provisions of Chapter 3905. of the  20,587       

Revised Code and in accordance with such rules as the              20,588       

                                                          466    


                                                                 
superintendent may adopt in connection therewith; provided any     20,589       

company, irrespective of the kinds of insurance it is authorized   20,590       

to transact, may apply for and obtain the renewal of licenses of   20,591       

its agents who were licensed on or before July 1, 1945, to         20,592       

procure, receive, or forward applications for any of the kinds of  20,593       

insurance described in division (A) of section 3929.01 of the      20,594       

Revised Code, and such agents shall not be required to be          20,595       

licensed for all the kinds of insurance transacted by the company  20,596       

making the applications for such renewals.  Nothing in this        20,597       

section shall be construed to authorize an agent whose license is  20,598       

renewed under these provisions to procure, receive, or forward     20,599       

applications for any kind or kinds of insurance other than the     20,600       

kind or kinds for which the agent was authorized to procure,       20,601       

receive, or forward applications on July 1, 1945; provided, the    20,603       

procuring, receiving, or forwarding of applications by such an     20,604       

agent for any kind or kinds of insurance other than the kind or    20,605       

kinds the agent was authorized to procure, receive, or forward,    20,607       

as of July 1, 1945, is cause for revocation of the license of the  20,608       

agent by the superintendent and the acceptance by any insurance    20,609       

company licensed to do business in this state of an application    20,610       

for any kind of insurance other than the kind or kinds that the    20,611       

agent was authorized to procure, receive, or forward, as of July   20,612       

1, 1945, is cause for revocation of the license of the company by  20,613       

the superintendent.  Nothing in this section shall be construed    20,614       

to alter the provisions of sections 2301.373 3123.41 TO 3123.50,   20,616       

3123.63, 3931.101, and 3931.11 of the Revised Code.                20,618       

      Sec. 3949.22.  On receipt of a notice pursuant to section    20,627       

2301.373 3123.43 of the Revised Code, the supervisor of bond       20,629       

investment companies shall comply with that section SECTIONS       20,631       

3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES                 

ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE with respect to  20,633       

a license issued pursuant to this chapter.                         20,634       

      Sec. 3951.10.  On receipt of a notice pursuant to section    20,644       

2301.373 3123.43 of the Revised Code, the superintendent of        20,645       

                                                          467    


                                                                 
insurance shall comply with that section SECTIONS 3123.41 TO       20,648       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        20,650       

certificate issued issued pursuant to this chapter.                             

      Sec. 3959.17.  On receipt of a notice pursuant to section    20,659       

2301.373 3123.43 of the Revised Code, the superintendent of        20,660       

insurance shall comply with that section SECTIONS 3123.41 TO       20,663       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        20,665       

license issued pursuant to this chapter.                                        

      Sec. 4104.21.  On receipt of a notice pursuant to section    20,674       

2301.373 3123.43 of the Revised Code, the chief of the division    20,676       

of boiler inspection shall comply with that section SECTIONS       20,678       

3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES                 

ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE with respect to  20,680       

a certificate issued pursuant to this chapter.                     20,681       

      Sec. 4123.67.  Except as otherwise provided in sections      20,690       

3111.23 3119.80, 3119.81, 3121.02, 3121.03, and 3113.21 3123.06    20,692       

of the Revised Code, compensation before payment shall be exempt   20,693       

from all claims of creditors and from any attachment or            20,694       

execution, and shall be paid only to the employees or their        20,695       

dependents.  In all cases where property of an employer is placed  20,696       

in the hands of an assignee, receiver, or trustee, claims arising               

under any award or finding of the industrial commission or bureau  20,697       

of workers' compensation, pursuant to this chapter, including      20,698       

claims for premiums, and any judgment recovered thereon shall      20,699       

first be paid out of the trust fund in preference to all other     20,700       

claims, except claims for taxes and the cost of administration,    20,701       

and with the same preference given to claims for taxes.                         

      Sec. 4141.16.  (A)  The administrator of the bureau of       20,709       

employment services shall make available, upon request, to the     20,710       

director of human services or to the county directors of human     20,711       

services in the state the name, address, ordinary occupation, and  20,712       

employment status of each recipient of unemployment benefits       20,713       

                                                          468    


                                                                 
under this chapter, and a statement of such recipient's rights to  20,714       

further benefits under this chapter.  The agency requesting the    20,715       

information shall pay the bureau the actual cost of furnishing     20,716       

the information requested.                                                      

      (B)  The administrator also shall furnish, upon request of   20,718       

a public agency administering or supervising the administration    20,719       

of a state plan approved under part A of Title IV of the "Social   20,720       

Security Act," 49 Stat. 627 (1935), 42 U.S.C.A. 601, or of a       20,721       

public agency charged with any duty or responsibility under any    20,722       

program or activity authorized or required under part D of Title   20,723       

IV of such act, information with respect to any individual         20,724       

specified in the request as to:                                    20,725       

      (1)  Whether the individual is receiving, has received, or   20,727       

has made application for unemployment compensation, and the        20,728       

amount of any compensation being received by the individual;       20,729       

      (2)  The current or most recent home address of the          20,731       

individual;                                                        20,732       

      (3)  Whether the individual has refused an offer of          20,734       

employment and, if so, a description of the employment so offered  20,735       

and the terms, conditions, and rate of pay therefor.               20,736       

      The public agency shall pay to the bureau of employment      20,738       

services the actual costs of furnishing the information described  20,739       

in this division, as provided in the "Unemployment Compensation    20,740       

Amendments of 1976," 90 Stat. 2667, 42 U.S.C. 603a.                20,741       

      (C)(1)  The administrator shall disclose, upon request, to   20,743       

officers, agents, or employees of any state or local child         20,744       

support enforcement agency, any wage information contained in the  20,745       

records of the bureau of employment services with respect to an    20,746       

individual identified in the request.                              20,747       

      (2)  The officer, agent, or employee of the state or local   20,749       

child support enforcement agency shall state in the request that   20,750       

the wage information shall be used only for the purposes of        20,751       

establishing paternity; establishing, modifying, and enforcing     20,752       

child support obligations which are being administered pursuant    20,754       

                                                          469    


                                                                 
to a plan described in section 454 of the "Social Security Act,"   20,755       

88 Stat. 2354 (1975), 42 U.S.C.A. 654, which has been approved by  20,756       

the United States secretary of health and human services under     20,757       

part D of Title IV of the "Social Security Act," 88 Stat. 2351     20,758       

(1975), 42 U.S.C.A. 651.                                                        

      (3)  State and local child support enforcement agencies,     20,760       

pursuant to section 303(d) of the "Social Security Act," 94 Stat.  20,761       

441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security  20,762       

Disability Amendments of 1980," section 408(B) of P.L. 96-265,     20,763       

shall pay to the bureau the actual costs of furnishing the         20,764       

information described in this division.                            20,765       

      (4)  Requirements with respect to the confidentiality of     20,767       

information obtained in the administration of this chapter and     20,768       

any sanctions imposed on improper disclosure of information        20,769       

obtained therein shall apply to the redisclosure of information    20,770       

disclosed under this section.                                      20,771       

      (D)  The administrator also shall furnish, as required by    20,773       

section 303(h) of the "Social Security Act," to the United States  20,774       

secretary of health and human services, and on a reimbursable      20,775       

basis, prompt access to wage and claims information, including     20,776       

any information useful in locating an absent parent or such        20,777       

parent's employer for use by the "Parent Locator Service,"         20,778       

section 453, part D of Title IV of the "Social Security Act" and   20,779       

as required under section 303(h) of such act.                      20,780       

      (E)(1)  If the director of human services determines that    20,782       

direct, on-line access to the automated information system         20,783       

maintained by the bureau of employment services is an effective    20,784       

and efficient means of obtaining necessary information to aid in   20,785       

the enforcement or collection of child support obligations, the    20,786       

director shall make a written request to the administrator of the  20,787       

bureau of employment services to permit the following to have      20,788       

direct, on-line access to the information system:                  20,789       

      (a)  The department of human services;                       20,791       

      (b)  Officers, agents, or employees of a state or local      20,793       

                                                          470    


                                                                 
child support enforcement agency of this state or of another       20,794       

state as designated by the director;                               20,795       

      (c)  Officers, agents, or employees of any private agency    20,797       

designated by the director that is operating pursuant to a         20,798       

contract entered into with a state or local child support          20,799       

enforcement agency of this state for the exchange of information   20,800       

related to the enforcement and collection of child support         20,801       

obligations.                                                       20,802       

      (2)  The director of human services shall not designate      20,804       

pursuant to division (E)(1) of this section a state or local       20,805       

child support enforcement agency of this state or of another       20,806       

state or any private agency to have access to the automated        20,807       

information system maintained by the bureau unless the director    20,809       

also determines that on-line direct access to the bureau's                      

automated information system by that agency is necessary for the   20,810       

implementation of a child support enforcement program operating    20,811       

pursuant to a plan described in section 454 of the "Social         20,812       

Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, that has     20,813       

been approved by the secretary of health and human services under  20,814       

part D of Title IV of the "Social Security Act," 88 Stat. 2351     20,815       

(1975), 42 U.S.C.A. 651.                                           20,816       

      (3)  Upon receipt of a request made under division (E)(1)    20,818       

of this section, the administrator of the bureau shall comply      20,819       

with the request and shall adopt rules pursuant to this section    20,820       

and section 111.15 of the Revised Code to regulate access to the   20,821       

bureau's automated information system.  The rules shall include a  20,822       

confidentiality requirement that conforms to division (E)(5) of    20,823       

this section.                                                      20,824       

      (4)(a)  State and local child support enforcement agencies,  20,826       

pursuant to section 303(d) of the "Social Security Act," 94 Stat.  20,827       

441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security  20,828       

Disability Amendments of 1980," section 408(B) of P.L. 96-265,     20,829       

shall pay to the bureau the actual costs to the bureau of          20,830       

accessing its automated information system.                        20,831       

                                                          471    


                                                                 
      (b)  Any private agency designated by the director of human  20,833       

services pursuant to division (E)(1) of this section that is       20,834       

operating pursuant to a contract entered into with a state or      20,835       

local child support enforcement agency of this state for the       20,836       

exchange of information related to the enforcement and collection  20,837       

of child support obligations shall pay or provide contractually    20,838       

for the payment of the actual costs to the bureau of accessing     20,839       

its automated information system.                                  20,840       

      (5)  The requirements with respect to the confidentiality    20,842       

of information obtained in the administration of this chapter and  20,843       

any sanctions imposed on improper disclosure of information        20,844       

obtained in the administration of this chapter shall apply to any  20,845       

information obtained pursuant to division (E) of this section      20,846       

through on-line access to the bureau's automated information       20,847       

system.                                                            20,848       

      (F)  The director of human services, the director's          20,850       

employees, and other individuals to whom information is made       20,852       

available pursuant to this section are subject to section 4141.22  20,853       

of the Revised Code and the penalty for violation of that section  20,854       

as specified in section 4141.99 of the Revised Code.               20,855       

      (G)  As used in this section, "state or local child support  20,857       

enforcement agency" means either of the following:                 20,858       

      (1)  In this state, the department of human services, the    20,860       

division OFFICE of child support created pursuant to section       20,861       

5101.31 3125.02 of the Revised Code, or a child support            20,864       

enforcement agency;                                                             

      (2)  In a state other than this state, any agency of a       20,866       

state or of a political subdivision of a state operating pursuant  20,867       

to a plan described in section 454 of the "Social Security Act,"   20,868       

which has been approved by the secretary of health and human       20,869       

services under part D of Title IV of the "Social Security Act."    20,870       

      Sec. 4141.28.  (A)  Applications for determination of        20,878       

benefit rights and claims for benefits shall be filed with a       20,879       

deputy of the administrator of the bureau of employment services   20,880       

                                                          472    


                                                                 
designated for the purpose.  Such applications and claims may      20,881       

also be filed with an employee of another state or federal agency  20,882       

charged with the duty of accepting applications and claims for     20,883       

unemployment benefits or with an employee of the unemployment      20,884       

insurance commission of Canada.                                    20,885       

      When a former employee of a state agency, board, or          20,887       

commission that has terminated its operations files an             20,888       

application under this division, the former employee shall give    20,889       

notice that the agency, board, or commission has terminated its    20,890       

operations.  All notices or information required to be sent under  20,891       

this chapter to or furnished by the applicant's employer shall be  20,892       

sent to or furnished by the director of administrative services.   20,893       

      (B)(1)  When an unemployed individual files an application   20,895       

for determination of benefit rights, the administrator shall       20,896       

furnish the individual with the information specified in division  20,898       

(A) of section 4141.321 of the Revised Code and with a pamphlet    20,899       

giving instructions for the steps an applicant may take if the     20,900       

applicant's claim for benefits is disallowed.  The pamphlet shall  20,902       

state the applicant's right of appeal, clearly describe the        20,903       

different levels of appeal, and explain where and when each        20,904       

appeal must be filed.  In filing an application, the individual    20,905       

shall, for the individual's most recent employment, furnish the    20,906       

administrator with either:                                                      

      (a)  The information furnished by the employer as provided   20,908       

for in division (B)(2) of this section;                            20,909       

      (b)  The name and address of the employer for whom the       20,911       

individual performed services and the individual's written         20,912       

statement of the reason for separation from the employer.          20,913       

      Where the claimant has furnished information in accordance   20,915       

with division (B)(1)(b) of this section, the administrator shall   20,916       

promptly send a notice in writing that such filing has been made   20,917       

to the individual's most recent separating employer, which notice  20,918       

shall request from the employer the reason for the individual's    20,919       

unemployment.  The administrator also may request from any base    20,921       

                                                          473    


                                                                 
period employer information necessary for the determination of     20,922       

the claimant's rights to benefits.  Information as to the reason   20,924       

for unemployment preceding an additional claim shall be obtained   20,925       

in the same manner.  Requests for such information shall be dated  20,926       

by the administrator with the date on which they are mailed.  If   20,927       

the employer fails to mail or deliver such information within ten  20,928       

working days from the date the administrator mailed and dated      20,929       

such request, and if necessary to assure prompt payment of         20,931       

benefits when due, the administrator shall make the                20,932       

determination, and shall base the determination on such            20,933       

information as is available to the administrator, which shall      20,934       

include the claimant's statement made under division (B)(1)(b) of  20,936       

this section.  The determination, as it relates to the claimant's  20,937       

determination of benefit rights, shall be amended upon receipt of  20,938       

correct remuneration information at any time within the benefit    20,939       

year and any benefits paid and charged to an employer's account    20,940       

prior to the receipt of such information shall be adjusted,        20,941       

effective as of the beginning of the claimant's benefit year.      20,942       

      (2)  An employer who separates within any seven-day period   20,944       

fifty or more individuals because of lack of work, and these       20,945       

individuals upon separation will be unemployed as defined in       20,946       

division (R) of section 4141.01 of the Revised Code, shall         20,947       

furnish notice to the administrator of the dates of separation     20,948       

and the approximate number of individuals being separated.  The    20,949       

notice shall be furnished at least three working days prior to     20,950       

the date of the first day of such separations.  In addition, at    20,951       

the time of separation the employer shall furnish to the           20,952       

individual being separated or to the administrator separation      20,953       

information necessary to determine the individual's eligibility,   20,954       

on forms and in a manner approved by the administrator.            20,955       

      An employer who operates multiple business establishments    20,957       

at which both the effective authority for hiring and separation    20,958       

of employees and payroll information is located and who, because   20,959       

of lack of work, separates a total of fifty or more individuals    20,960       

                                                          474    


                                                                 
at two or more business establishments is exempt from the first    20,961       

paragraph of division (B)(2) of this section.  This paragraph      20,962       

shall not be construed to relieve an employer who operates         20,963       

multiple business establishments from complying with division      20,964       

(B)(2) of this section where the employer separates fifty or more  20,965       

individuals at any business establishment within a seven-day       20,966       

period.                                                            20,967       

      An employer of individuals engaged in connection with the    20,969       

commercial canning or commercial freezing of fruits and            20,970       

vegetables is exempt from the provision of division (B)(2) of      20,971       

this section that requires an employer to furnish notice of        20,972       

separation at least three working days prior to the date of the    20,973       

first day of such separations.                                     20,974       

      (3)  Where an individual at the time of filing an            20,976       

application for determination of benefit rights furnishes          20,977       

separation information provided by the employer or where the       20,978       

employer has provided the administrator with the information in    20,979       

accordance with division (B)(2) of this section, the               20,980       

administrator shall make a determination of eligibility on the     20,981       

basis of the information furnished.  The administrator shall       20,982       

promptly notify all interested parties under division (D)(1) of    20,983       

this section of the determination.                                 20,984       

      (4)  Where an employer has furnished separation information  20,986       

under division (B)(2) of this section which is insufficient to     20,987       

enable the administrator to make a determination of a claim for    20,988       

benefits of an individual, or where the individual fails at the    20,989       

time of filing an application for determination of benefit rights  20,990       

to produce the separation information furnished by an employer,    20,991       

the administrator shall follow the provisions specified in         20,992       

division (B)(1) of this section.                                   20,993       

      (C)  The administrator shall promptly examine any            20,996       

application for determination of benefit rights filed, and on the               

basis of any facts found by the administrator shall determine      20,997       

whether or not the application is valid, and if valid, the date    20,999       

                                                          475    


                                                                 
on which the benefit year shall commence and the weekly benefit                 

amount.  The claimant, the most recent employer, and any other     21,000       

employer in the claimant's base period shall promptly be notified  21,002       

of the determination and the reasons therefor.  In addition, the   21,003       

determination issued to the claimant shall include the total       21,004       

amount of benefits payable, and the determination issued to each   21,005       

chargeable base period employer shall include the total amount of  21,006       

benefits which may be charged to the employer's account.           21,007       

      (D)(1)  The administrator shall examine the first claim for  21,010       

benefits filed in any benefit year, and any additional claim, and  21,011       

on the basis of any facts found by the administrator shall         21,012       

determine whether division (D) of section 4141.29 of the Revised   21,013       

Code is applicable to the claimant's most recent separation and,   21,014       

to the extent necessary, prior separations from work, and whether  21,015       

the separation reason is qualifying or disqualifying for the       21,016       

ensuing period of unemployment.  Notice of such determination      21,017       

shall be mailed to the claimant, the claimant's most recent        21,018       

separating employer, and any other employer involved in the        21,019       

determination.                                                                  

      (a)  Whenever the administrator has reason to believe that   21,021       

the unemployment of twenty-five or more individuals relates to a   21,022       

labor dispute, the administrator, within five calendar days after  21,024       

their claims are filed, shall schedule a hearing concerning the                 

reason for unemployment.  Notice of the hearing shall be sent to   21,025       

all interested parties, including the duly authorized              21,026       

representative of the parties, as provided in division (D)(1) of   21,027       

this section.  The hearing date shall be scheduled so as to        21,028       

provide at least ten days' prior notice of the time and date of    21,029       

the hearing.  A similar hearing, in such cases, may be scheduled   21,030       

when there is a dispute as to the duration or ending date of the   21,031       

labor dispute.                                                     21,032       

      (b)  The administrator shall appoint a hearing officer to    21,034       

conduct the hearing of the case under division (D)(1)(a) of this   21,035       

section.  The hearing officer is not bound by common law or        21,036       

                                                          476    


                                                                 
statutory rules of evidence or by technical or formal rules of     21,037       

procedure, but shall take any steps that are reasonable and        21,038       

necessary to obtain the facts and determine whether the claimants  21,039       

are entitled to benefits under the law.  The failure of any        21,040       

interested party to appear at the hearing shall not preclude a     21,041       

decision based upon all the facts available to the hearing         21,042       

officer.  The proceeding at the hearing shall be recorded by       21,043       

mechanical means or by other means prescribed by the               21,044       

administrator.  The record need not be transcribed unless an       21,045       

application for appeal is filed on the decision and the            21,046       

chairperson of the unemployment compensation review commission     21,048       

requests a transcript of the hearing within fourteen days after    21,049       

the application for appeal is received by the commission.  The     21,050       

administrator shall prescribe rules concerning the conduct of the  21,052       

hearings and all related matters and appoint an attorney to        21,053       

direct the operation of this function.                                          

      (c)  The administrator shall issue the hearing officer's     21,055       

decisions and reasons therefor on the case within ten calendar     21,056       

days after the hearing.  The hearing officer's decision issued by  21,057       

the administrator is final unless an application for appeal is     21,058       

filed with the review commission within twenty-one days after the  21,060       

decision was mailed to all interested parties.  The                21,061       

administrator, within the twenty-one-day appeal period, may        21,062       

remove and vacate the decision and issue a revised determination   21,064       

and appeal date.                                                                

      (d)  Upon receipt of the application for appeal, the full    21,066       

review commission shall review the administrator's decision and    21,068       

either schedule a further hearing on the case or disallow the      21,069       

application.  The review commission shall review the               21,070       

administrator's decision within fourteen days after receipt of     21,071       

the decision or the receipt of a transcript requested under        21,072       

division (D)(1)(b) of this section, whichever is later.            21,073       

      (i)  When a further hearing is granted, the commission       21,075       

shall make the administrator's decision and record of the case,    21,077       

                                                          477    


                                                                 
as certified by the administrator, a part of the record and shall  21,078       

consider the administrator's decision and record in arriving at a  21,079       

decision on the case.  The commission's decision affirming,        21,081       

modifying, or reversing the administrator's decision, following    21,082       

the further appeal, shall be mailed to all interested parties      21,083       

within fourteen days after the hearing.                            21,084       

      (ii)  A decision of the disallowance of a further appeal     21,086       

shall be mailed to all interested parties within fourteen days     21,087       

after the commission makes the decision to disallow.  The          21,088       

disallowance is deemed an affirmation of the administrator's       21,090       

decision.                                                                       

      (iii)  The time limits specified in divisions (D)(1)(a),     21,092       

(b), (c), and (d) of this section may be extended by agreement of  21,093       

all interested parties or for cause beyond the control of the      21,094       

administrator or the commission.                                   21,095       

      (e)  An appeal of the commission's decision issued under     21,097       

division (D)(1)(d) of this section may be taken to the court of    21,098       

common pleas as provided in division (O) of this section.          21,099       

      (f)  A labor dispute decision involving fewer than           21,101       

twenty-five individuals shall be determined under division (D)(1)  21,102       

of this section and the review commission shall determine any      21,104       

appeal from the decision pursuant to division (M) of this section  21,105       

and within the time limits provided in division (D)(1)(d) of this  21,106       

section.                                                           21,107       

      (2)  The determination of a first or additional claim,       21,109       

including the reasons therefor, shall be mailed to the claimant,   21,110       

the claimant's most recent separating employer, and any other      21,111       

employer involved in the determination.                            21,112       

      When the determination of a continued claim results in a     21,115       

disallowed claim, the administrator shall notify the claimant of   21,116       

such disallowance and the reasons therefor.                                     

      (3)  Where the claim for benefits is directly attributable   21,118       

to unemployment caused by a major disaster, as declared by the     21,119       

president of the United States pursuant to the "Disaster Relief    21,120       

                                                          478    


                                                                 
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual  21,121       

filing the claim would otherwise have been eligible for disaster   21,122       

unemployment assistance under that act, then upon application by   21,123       

the employer any benefits paid on the claim shall not be charged   21,124       

to the account of the employer who would have been charged on      21,125       

such claim but instead shall be charged to the mutualized account  21,126       

described in section 4141.25 of the Revised Code, provided that    21,127       

this division is not applicable to an employer electing            21,128       

reimbursing status under section 4141.241 of the Revised Code,     21,129       

except reimbursing employers for whom benefit charges are charged  21,130       

to the mutualized account pursuant to division (D)(2) of section   21,132       

4141.24 of the Revised Code.                                       21,133       

      (4)(a)  An individual filing a new claim for unemployment    21,135       

compensation shall disclose, at the time of filing, whether or     21,136       

not the individual owes child support obligations.  In such a      21,137       

case, the administrator shall notify the state or local child      21,138       

support enforcement agency enforcing the obligation only if the    21,139       

claimant has been determined to be eligible for unemployment       21,140       

compensation.                                                      21,141       

      (b)  The administrator shall deduct and withhold from        21,143       

unemployment compensation payable to an individual who owes child  21,144       

support obligations:                                               21,145       

      (i)  Any amount required to be deducted and withheld from    21,147       

the unemployment compensation pursuant to legal process, as that   21,148       

term is defined in section 459(i)(5) of the "Social Security       21,149       

Act," as amended by the "Personal Responsibility and Work          21,150       

Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42        21,151       

U.S.C. 659, and properly served upon the administrator, as         21,152       

described in division (D)(4)(c) of this section; or                21,153       

      (ii)  Where division (D)(4)(b)(i) of this section is         21,155       

inapplicable, in the amount determined pursuant to an agreement    21,156       

submitted to the administrator under section 454(19)(B)(i) of the  21,158       

"Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended,                

by the state or local child support enforcement agency; or         21,159       

                                                          479    


                                                                 
      (iii)  If neither division (D)(4)(b)(i) nor (ii) of this     21,161       

section is applicable, then in the amount specified by the         21,162       

individual.                                                        21,163       

      (c)  The administrator shall receive all legal process       21,166       

described in division (D)(4)(b)(i) of this section from each       21,167       

local child support enforcement agency, which legal process was    21,168       

issued by the agency under section 2301.371 3121.07 of the         21,169       

Revised Code or otherwise was issued by the agency.  The           21,171       

processing of cases under part D of Title IV of the "Social        21,172       

Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended,  21,173       

shall be determined pursuant to agreement between the              21,174       

administrator and the state department of human services.  The     21,175       

department shall pay, pursuant to that agreement, all of the       21,176       

costs of the bureau of employment services that are associated     21,177       

with a deduction and withholding under division (D)(4)(b)(i) and   21,178       

(ii) of this section.                                                           

      (d)  The amount of unemployment compensation subject to      21,180       

being withheld pursuant to division (D)(4)(b) of this section is   21,181       

that amount which remains payable to the individual after          21,182       

application of any recoupment provisions for recovery of           21,183       

overpayments and after deductions which have been made under this  21,184       

chapter for deductible income received by the individual.          21,185       

Effective for applications to establish unemployment compensation  21,186       

benefit rights filed after December 27, 1997, the amount withheld  21,187       

with respect to a week of unemployment benefits shall not exceed   21,188       

fifty per cent of the individual's weekly benefit amount as        21,189       

determined by the administrator.                                                

      (e)  Any amount deducted and withheld under division         21,191       

(D)(4)(b) of this section shall be paid to the appropriate state   21,192       

or local child support enforcement agency in the following         21,193       

manner:                                                            21,194       

      (i)  The administrator shall determine the amounts that are  21,196       

to be deducted and withheld on a per county basis.                 21,197       

      (ii)  For each county, the administrator shall forward to    21,199       

                                                          480    


                                                                 
the local child support enforcement agency of the county, at       21,200       

intervals to be determined pursuant to the agreement referred to   21,201       

in division (D)(4)(c) of this section, the amount determined for   21,202       

that county under division (D)(4)(e)(i) of this section for        21,203       

disbursement to the obligees or assignees of such support          21,204       

obligations.                                                       21,205       

      (f)  Any amount deducted and withheld under division         21,207       

(D)(4)(b) of this section shall for all purposes be treated as if  21,208       

it were paid to the individual as unemployment compensation and    21,209       

paid by the individual to the state or local child support agency  21,210       

in satisfaction of the individual's child support obligations.     21,211       

      (g)  Division (D)(4) of this section applies only if         21,213       

appropriate arrangements have been made for reimbursement by the   21,214       

state or local child support enforcement agency for the            21,215       

administrative costs incurred by the administrator under this      21,216       

section which are associated with or attributable to child         21,217       

support obligations being enforced by the state or local child     21,218       

support enforcement agency.                                        21,219       

      (h)  As used in division (D)(4) of this section:             21,221       

      (i)  "Child support obligations" means only obligations      21,223       

which are being enforced pursuant to a plan described in section   21,224       

454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654,    21,225       

as amended, which has been approved by the United States           21,226       

secretary of health and human services under part D of Title IV    21,227       

of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as     21,228       

amended.                                                           21,229       

      (ii)  "State child support enforcement agency" means the     21,231       

department of human services, bureau of child support, designated  21,232       

as the single state agency for the administration of the program   21,233       

of child support enforcement pursuant to part D of Title IV of     21,234       

the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as        21,235       

amended.                                                           21,236       

      (iii)  "Local child support enforcement agency" means a      21,238       

child support enforcement agency or any other agency of a          21,239       

                                                          481    


                                                                 
political subdivision of the state operating pursuant to a plan    21,240       

mentioned in division (D)(4)(h)(i) of this section.                21,241       

      (iv)  "Unemployment compensation" means any compensation     21,243       

payable under this chapter including amounts payable by the        21,244       

administrator pursuant to an agreement under any federal law       21,245       

providing for compensation, assistance, or allowances with         21,246       

respect to unemployment.                                           21,247       

      (E)(1)  Any base period or subsequent employer of a          21,249       

claimant who has knowledge of specific facts affecting such        21,250       

claimant's right to receive benefits for any week may notify the   21,251       

administrator in writing of such facts.  The administrator shall   21,252       

prescribe a form to be used for such eligibility notice, but       21,253       

failure to use the prescribed form shall not preclude the          21,254       

administrator's examination of any notice.                         21,255       

      (2)  An eligibility notice is timely filed if received by    21,257       

the administrator or postmarked prior to or within forty-five      21,259       

calendar days after the end of the week with respect to which a    21,260       

claim for benefits is filed by the claimant.  An employer who      21,261       

does not timely file an eligibility notice shall not be an         21,262       

interested party with respect to the claim for benefits which is   21,263       

the subject of the notice.                                                      

      (3)  The administrator shall consider the information        21,266       

contained in the eligibility notice, together with other facts     21,267       

found by the administrator and, after giving notice to the         21,268       

claimant, shall determine, unless a prior determination on the     21,269       

same eligibility issue has become final, whether such claim shall  21,270       

be allowed or disallowed, and shall mail notice of such            21,272       

determination to the notifying employer who timely filed the       21,273       

eligibility notice, to the claimant, and to other interested       21,274       

parties.  If the determination disallows benefits for any week in  21,275       

question, the payment of benefits with respect to that week shall  21,277       

be withheld pending further appeal, or an overpayment order shall  21,278       

be issued by the administrator as prescribed in section 4141.35    21,279       

of the Revised Code, if applicable.                                21,280       

                                                          482    


                                                                 
      (F)  In making determinations, the administrator shall       21,283       

follow decisions of the unemployment compensation review           21,284       

commission which have become final with respect to claimants       21,285       

similarly situated.                                                             

      (G)(1)  Until October 1, 1998, any interested party          21,288       

notified of a determination of an application for determination    21,289       

of benefit rights or a claim for benefits may, within twenty-one   21,290       

calendar days after the notice was mailed to the party's last      21,291       

known post-office address, apply in writing for a reconsideration  21,292       

of the administrator's determination.                              21,293       

      On and after October 1, 1998, any party notified of a        21,296       

determination may appeal within twenty-one calendar days after     21,297       

notice was mailed to the party's last known post-office address    21,298       

or within an extended period pursuant to division (Q) of this      21,300       

section.  Upon receipt of the appeal, the administrator either     21,301       

shall issue a redetermination within twenty-one days of receipt    21,302       

or transfer the appeal to the commission, which shall acquire      21,303       

jurisdiction over the appeal.  If the administrator issues a       21,304       

redetermination, the redetermination shall void the prior          21,305       

determination.  A redetermination under this section is                         

appealable to the same extent that a determination is appealable.  21,307       

      (2)  If the administrator finds within the benefit year      21,310       

that the determination was erroneous due to an error in an                      

employer's report other than a report to correct remuneration      21,312       

information as provided in division (B) of this section or any     21,313       

typographical or clerical error in the administrator's             21,314       

determination, the administrator shall issue a corrected           21,316       

determination to all interested parties, which determination       21,317       

shall take precedence over and void the prior determination of     21,318       

the administrator, provided no appeal has been filed with the      21,319       

commission.                                                                     

      (3)  If benefits are allowed by the administrator in a       21,322       

determination, or in a decision by a hearing officer, the review   21,323       

commission, or a court, the benefits shall be paid promptly,       21,324       

                                                          483    


                                                                 
notwithstanding any further appeal, provided that if benefits are  21,325       

denied on appeal, of which the parties have notice and an          21,326       

opportunity to be heard, the payment of benefits shall be          21,328       

withheld pending a decision on any further appeal.                 21,329       

      (4)  Any benefits paid to a claimant under this section      21,331       

prior to a final determination of the claimant's right to the      21,332       

benefits shall be charged to the employer's account as provided    21,334       

in division (D) of section 4141.24 of the Revised Code, provided   21,335       

that if there is no final determination of the claim by the        21,336       

subsequent thirtieth day of June, the employer's account will be   21,337       

credited with the total amount of benefits which has been paid     21,338       

prior to that date, based on the determination which has not       21,339       

become final.  The total amount credited to the employer's         21,340       

account shall be charged to a suspense account which shall be      21,341       

maintained as a separate bookkeeping account and administered as   21,342       

a part of section 4141.24 of the Revised Code, and shall not be    21,343       

used in determining the account balance of the employer for the    21,344       

purpose of computing the employer's contribution rate under        21,345       

section 4141.25 of the Revised Code.  If it is finally determined  21,346       

that the claimant is entitled to all or a part of the benefits in  21,347       

dispute, the suspense account shall be credited and the            21,348       

appropriate employer's account charged with the benefits.  If it   21,349       

is finally determined that the claimant is not entitled to all or  21,350       

any portion of the benefits in dispute, the benefits shall be      21,351       

credited to the suspense account and a corresponding charge made   21,352       

to the mutualized account established in division (B) of section   21,353       

4141.25 of the Revised Code, provided that, except as otherwise    21,355       

provided in this division, if benefits are chargeable to an        21,356       

employer or group of employers who is required or elects to make   21,357       

payments to the fund in lieu of contributions under section        21,358       

4141.241 of the Revised Code, the benefits shall be charged to     21,359       

the employer's account in the manner provided in division (D) of   21,360       

section 4141.24 and division (B) of section 4141.241 of the        21,361       

Revised Code, and no part of the benefits may be charged to the    21,362       

                                                          484    


                                                                 
suspense account provided in this division.  To the extent that    21,363       

benefits which have been paid to a claimant and charged to the     21,364       

employer's account are found not to be due the claimant and are    21,365       

recovered by the administrator as provided in section 4141.35 of   21,366       

the Revised Code, they shall be credited to the employer's         21,367       

account.                                                                        

      (H)  Until October 1, 1998, any interested party may appeal  21,370       

the administrator's decision on reconsideration to the commission  21,371       

and unless an appeal is filed from such decision on                21,373       

reconsideration with the commission within twenty-one calendar     21,375       

days after such decision was mailed to the last known post-office  21,376       

address of the appellant, or within an extended period pursuant    21,377       

to division (Q) of this section, such decision on reconsideration  21,378       

is final and benefits shall be paid or denied in accordance        21,379       

therewith.  The date of the mailing provided by the administrator  21,380       

on determination or decision on reconsideration is sufficient      21,381       

evidence upon which to conclude that the determination or          21,382       

decision on reconsideration was mailed on that date.               21,383       

      On and after October 1, 1998, the date of the mailing        21,386       

provided by the administrator on the determination or              21,387       

redetermination is sufficient evidence upon which to conclude      21,388       

that the determination or redetermination was mailed on that                    

date.                                                              21,389       

      (I)  Appeals may be filed with the administrator,            21,392       

commission, with an employee of another state or federal agency    21,394       

charged with the duty of accepting claims, or with the             21,395       

unemployment insurance commission of Canada.                       21,396       

      (1)  Any timely written notice that the interested party     21,399       

desires to appeal shall be accepted.                                            

      (2)  The administrator, commission, or authorized agent      21,401       

must receive the appeal within the specified appeal period in      21,403       

order for the appeal to be deemed timely filed, except that:       21,404       

      (a)  If the United States postal service is used as the      21,406       

means of delivery, the enclosing envelope must have a postmark     21,407       

                                                          485    


                                                                 
date, as governed by United States postal regulations, that is on  21,408       

or before the last day of the specified appeal period; and         21,409       

      (b)  Where the postmark date is illegible or missing, the    21,411       

appeal is timely filed if received no later than the end of the    21,413       

third calendar day following the last day of the specified appeal  21,414       

period.                                                                         

      (3)  The administrator may adopt rules pertaining to         21,416       

alternate methods of filing appeals.                               21,417       

      (J)  When an appeal from a determination of the              21,421       

administrator is taken to the commission at the hearing officer    21,422       

level, all interested parties shall be notified and the            21,424       

commission, after affording such parties reasonable opportunity    21,426       

for a fair hearing, shall affirm, modify, or reverse the           21,427       

determination of the administrator in the manner that appears      21,429       

just and proper.  However, the commission may refer a case to the               

administrator for a redetermination if the commission decides      21,430       

that the case does not require a hearing.  In the conduct of a     21,431       

hearing by a hearing officer or any other hearing on appeal to     21,434       

the commission which is provided in this section, the hearing      21,435       

officers are not bound by common law or statutory rules of         21,438       

evidence or by technical or formal rules of procedure.  The                     

hearing officers shall take any steps in the hearings, consistent  21,442       

with the impartial discharge of their duties, which appear         21,443       

reasonable and necessary to ascertain the facts and determine      21,444       

whether the claimant is entitled to benefits under the law.  The   21,445       

hearings shall be de novo, except that the administrator's file    21,447       

pertaining to a case shall be included in the record to be         21,448       

considered.                                                                     

      The hearing officers may conduct any such hearing in person  21,452       

or by telephone.  The commission shall adopt rules which           21,454       

designate the circumstances under which hearing officers may                    

conduct a hearing by telephone, grant a party to the hearing the   21,457       

opportunity to object to a hearing by telephone, and govern the    21,458       

conduct of hearings by telephone.  An interested party whose       21,459       

                                                          486    


                                                                 
hearing would be by telephone pursuant to the commission rules     21,460       

may elect to have an in-person hearing, provided that the party    21,461       

electing the in-person hearing agrees to have the hearing at the   21,462       

time and place the commission determines pursuant to rule.         21,463       

      (1)  The failure of the claimant or other interested party   21,465       

to appear at a hearing, unless the claimant or interested party    21,466       

is the appealing party, shall not preclude a decision in the       21,468       

claimant's or interested party's favor, if on the basis of all     21,469       

the information in the record, including that contained in the     21,470       

file of the administrator, the claimant or interested party is     21,471       

entitled to the decision.                                          21,472       

      (2)  If the party appealing fails to appear at the hearing,  21,474       

the hearing officer shall dismiss the appeal, provided that the    21,478       

hearing officer or commission shall vacate the dismissal upon a    21,480       

showing that due notice of the hearing was not mailed to such      21,481       

party's last known address or good cause for the failure to        21,482       

appear is shown to the commission within fourteen days after the   21,485       

hearing date.  No further appeal from the decision may thereafter  21,486       

be instituted by such party.  If the other party fails to appear   21,487       

at the hearing, the hearing officer shall proceed with the         21,490       

hearing and shall issue a decision based on the evidence of        21,491       

record, including the administrator's file.  The commission shall  21,493       

vacate the decision upon a showing that due notice of the hearing  21,495       

was not mailed to such party's last known address or good cause    21,496       

for such party's failure to appear is shown to the commission      21,498       

within fourteen days after the hearing date.                       21,499       

      (3)  Where a party requests that a hearing be scheduled in   21,501       

the evening because the party is employed during the day, the      21,502       

commission shall schedule the hearing during such hours as the     21,505       

party is not employed.                                             21,506       

      (4)  The interested parties may waive, in writing, the       21,509       

hearing.  If the parties waive the hearing, the hearing officer    21,510       

shall issue a decision based on the evidence of record, including  21,511       

the administrator's file.                                          21,512       

                                                          487    


                                                                 
      (K)  The proceedings at the hearing before the hearing       21,514       

officer, shall be recorded by mechanical means or otherwise as     21,517       

may be prescribed by the commission.  In the absence of further    21,518       

proceedings, the record that is made need not be transcribed.      21,520       

      (L)  All interested parties shall be notified of the         21,522       

hearing officer's decision, which shall include the reasons        21,524       

therefor.  The hearing officer's decision shall become final       21,525       

unless, within twenty-one days after the decision was mailed to    21,526       

the last known post-office address of such parties, or within an   21,527       

extended period pursuant to division (Q) of this section, the      21,528       

commission on its own motion removes or transfers such claim to    21,530       

the review level, or upon a request for review that is filed by    21,532       

an interested party and is allowed by the commission.              21,534       

      (M)  In the conduct of a hearing by the commission or a      21,537       

hearing officer at the review level, the commission and the        21,538       

hearing officers are not bound by common law or statutory rules    21,539       

of evidence or by technical or formal rules of procedure.  The     21,540       

commission and the hearing officers shall take any steps in the    21,541       

hearings, consistent with the impartial discharge of their         21,542       

duties, that appear reasonable and necessary to ascertain the      21,543       

facts and determine whether the claimant is entitled to benefits                

under the law.                                                     21,544       

      (1)  The review commission, or a hearing officer designated  21,547       

by the commission, shall consider an appeal at the review level    21,548       

under the following circumstances:                                              

      (a)  When an appeal is required to be heard initially by     21,551       

the commission pursuant to this chapter;                           21,552       

      (b)  When the commission on its own motion removes an        21,555       

appeal within twenty-one days after a hearing officer issues the   21,556       

hearing officer's decision in the case;                            21,557       

      (c)  When a hearing officer refers an appeal to the          21,560       

commission within twenty-one days after the hearing officer        21,561       

issues the hearing officer's decision in the case;                 21,562       

      (d)  When an interested party files a request for review     21,565       

                                                          488    


                                                                 
with the commission within twenty-one days after the date a        21,566       

hearing officer issues the hearing officer's decision in the       21,567       

case.  The commission shall disallow the request for review if it  21,568       

is not timely filed.                                                            

      The commission may remove, and a hearing officer may refer,  21,571       

appeals involving decisions of potentially precedential value.     21,572       

      (2)  If a request for review is timely filed, the            21,574       

commission shall decide whether to allow or disallow the request   21,576       

for review.                                                                     

      If the request for review is disallowed, the commission      21,578       

shall notify all interested parties of that fact.  The             21,579       

disallowance of a request for review constitutes a final decision  21,581       

by the commission for purposes of appeal to court.  If the         21,582       

request for review is allowed, the commission shall notify all     21,583       

interested parties of that fact, and the commission shall provide  21,584       

a reasonable period of time, as the commission defines by rule,    21,585       

in which interested parties may file a response.  After that                    

period of time, the commission, based on the record before it,     21,586       

shall do one of the following at the review level:                 21,587       

      (a)  Affirm the decision of the hearing officer;             21,590       

      (b)  Order that the case be heard or reheard by a hearing    21,593       

officer;                                                                        

      (c)  Order that the case be heard or reheard by a hearing    21,596       

officer as a potential precedential decision;                      21,597       

      (d)  Order that the decision be rewritten.                   21,600       

      (3)  The commission shall send notice to all interested      21,602       

parties when it orders a case to be heard or reheard.  The notice  21,604       

shall include the reasons for the hearing or rehearing.  If the    21,605       

commission identifies an appeal as a potentially precedential      21,606       

case, the commission shall notify the administrator and other      21,607       

interested parties of the special nature of the hearing.           21,608       

      (N)  Whenever the administrator and the chairperson of the   21,610       

review commission determine in writing and certify jointly that a  21,612       

controversy exists with respect to the proper application of this  21,613       

                                                          489    


                                                                 
chapter to more than five hundred claimants similarly situated     21,614       

whose claims are pending before the administrator or the review    21,616       

commission or both on redetermination or appeal applied for or     21,617       

filed by three or more employers or by such claimants, the         21,619       

chairperson of the review commission shall select one such claim   21,621       

which is representative of all such claims and assign it for a     21,623       

fair hearing and decision.  Any other claimant or employer in the  21,624       

group who makes a timely request to participate in the hearing     21,625       

and decision shall be given a reasonable opportunity to            21,626       

participate as a party to the proceeding.                          21,627       

      Such joint certification by the administrator and the        21,629       

chairperson of the commission shall constitute a stay of further   21,631       

proceedings in the claims of all claimants similarly situated      21,632       

until the issue or issues in controversy are adjudicated by the    21,633       

supreme court of Ohio.  At the time the decision of the            21,634       

commission is issued, the chairperson shall certify the            21,636       

commission's decision directly to the supreme court of Ohio and    21,639       

the chairperson shall file with the clerk of the supreme court a   21,641       

certified copy of the transcript of the proceedings before the     21,642       

commission pertaining to such decision.  Hearings on such issues   21,644       

shall take precedence over all other civil cases.  If upon         21,645       

hearing and consideration of such record the court decides that    21,646       

the decision of the commission is unlawful, the court shall        21,648       

reverse and vacate the decision or modify it and enter final       21,649       

judgment in accordance with such modification; otherwise such      21,650       

court shall affirm such decision.  The notice of the decision of   21,651       

the commission to the interested parties shall contain a           21,653       

certification by the chairperson of the commission that the        21,654       

decision is of great public interest and that a certified          21,656       

transcript of the record of the proceedings before the commission  21,657       

has been filed with the clerk of the supreme court as an appeal    21,659       

to the court.  Promptly upon the final judgment of the court, the  21,660       

administrator and the commission shall decide those claims         21,661       

pending before them where the facts are similar and shall notify   21,663       

                                                          490    


                                                                 
all interested parties of such decision and the reason therefor    21,664       

in the manner provided for in this section.  Nothing in this       21,665       

division shall be construed so as to deny the right of any such    21,666       

claimant, whose claim is pending before the administrator on       21,667       

redetermination or before the commission, to apply for and be      21,670       

granted an opportunity for a fair hearing to show that the facts   21,671       

in the claimant's case are different from the facts in the claim   21,672       

selected as the representative claim as provided in this           21,673       

division, nor shall any such claimant be denied the right to                    

appeal the decision of the administrator or the commission which   21,674       

is made as a result of the decision of the court in the            21,676       

representative case.                                                            

      (O)(1)  Any interested party as defined in division (I) of   21,678       

section 4141.01 of the Revised Code, within thirty days after      21,679       

notice of the decision of the commission was mailed to the last    21,681       

known post-office address of all interested parties, may appeal    21,682       

from the decision of the commission to the court of common pleas   21,684       

of the county where the appellant, if an employee, is resident or  21,685       

was last employed or of the county where the appellant, if an      21,686       

employer, is resident or has the principal place of business in    21,687       

this state.  The commission shall provide on its decision the      21,689       

names and addresses of all interested parties.  Such appeal shall  21,690       

be taken within such thirty days by the appellant by filing a      21,691       

notice of appeal with the clerk of the court of common pleas.      21,692       

Such filing shall be the only act required to perfect the appeal   21,693       

and vest jurisdiction in the court.  Failure of an appellant to    21,694       

take any step other than timely filing of a notice of appeal does  21,695       

not affect the validity of the appeal, but is grounds only for     21,696       

such action as the court deems appropriate, which may include      21,697       

dismissal of the appeal.  Such notice of appeal shall set forth    21,698       

the decision appealed from.  The appellant shall mail a copy of    21,699       

the notice of appeal to the commission and to all interested       21,701       

parties by certified mail to their last known post-office address  21,702       

and proof of the mailing of the notice shall be filed with the     21,703       

                                                          491    


                                                                 
clerk within thirty days of filing the notice of appeal.  All      21,704       

interested parties shall be made appellees.  The commission upon   21,706       

receipt of the notice of appeal shall within thirty days file      21,707       

with the clerk a certified transcript of the record of the         21,708       

proceedings before the commission pertaining to the decision       21,710       

complained of, and mail a copy of the transcript to the            21,711       

appellant's attorney or to the appellant, if not represented by    21,712       

counsel.  The appellant shall file a statement of the assignments  21,713       

of error presented for review within sixty days of the filing of   21,714       

the notice of appeal with the court.  The appeal shall be heard    21,715       

upon such record certified by the commission.  After an appeal     21,717       

has been filed in the court, the commission may, by petition, be   21,719       

made a party to such appeal.  If the court finds that the          21,720       

decision was unlawful, unreasonable, or against the manifest       21,721       

weight of the evidence, it shall reverse and vacate such decision  21,722       

or it may modify such decision and enter final judgment in         21,723       

accordance with such modification; otherwise such court shall      21,724       

affirm such decision.  Any interested party shall have the right   21,725       

to appeal from the decision of the court as in civil cases.        21,726       

      (2)  If an appeal is filed after the thirty-day appeal       21,728       

period established in division (O)(1) of this section, the court   21,729       

of common pleas shall conduct a hearing to determine whether the   21,730       

appeal was timely filed pursuant to division (Q) of this section.  21,732       

At the hearing, additional evidence may be introduced and oral     21,733       

arguments may be presented regarding the timeliness of the filing  21,734       

of the appeal.  If the court of common pleas determines that the   21,735       

time for filing the appeal is extended as provided in division     21,736       

(Q) of this section and that the appeal was filed within the       21,738       

extended time provided in that division, the court shall           21,739       

thereafter make its decision on the merits of the appeal.  If the  21,740       

court of common pleas determines that the time for filing the      21,741       

appeal may not be extended as provided in division (Q) of this     21,743       

section, the court shall dismiss the appeal accordingly.  The      21,744       

determination on timeliness by the court of common pleas may be    21,745       

                                                          492    


                                                                 
appealed to the court of appeals as in civil cases, and such       21,746       

appeal shall be consolidated with any appeal from the decision by  21,747       

the court of common pleas on the merits of the appeal.             21,748       

      (P)  Any appeal from a determination or redetermination of   21,752       

the administrator or a decision or order of the commission may be  21,755       

executed in behalf of any party or any group of claimants by an    21,756       

agent.                                                                          

      (Q)  The time for filing an appeal, a request for review,    21,760       

or a court appeal under this section shall be extended as          21,762       

follows:                                                                        

      (1)  When the last day of an appeal period is a Saturday,    21,764       

Sunday, or legal holiday, the appeal period is extended to the     21,765       

next work day after the Saturday, Sunday, or legal holiday; or     21,766       

      (2)  When an interested party provides certified medical     21,768       

evidence stating that the interested party's physical condition    21,769       

or mental capacity prevented the interested party from filing a    21,770       

an appeal or request for review pursuant to division (G), (H), or  21,772       

(L) of this section within the appropriate twenty-one-day period,  21,773       

the appeal period is extended to twenty-one days after the end of  21,774       

the physical or mental condition and the appeal, or request for    21,776       

review is considered timely filed if filed within that extended    21,778       

period;                                                                         

      (3)  When an interested party provides evidence, which       21,780       

evidence may consist of testimony from the interested party, that  21,781       

is sufficient to establish that the party did not actually         21,782       

receive the determination or decision within the applicable        21,784       

appeal period pursuant to division (G), (H), or (L) of this        21,785       

section, and the administrator or the commission finds that the    21,786       

interested party did not actually receive the determination or     21,788       

decision within the applicable appeal period, then the appeal      21,789       

period is extended to twenty-one days after the interested party   21,790       

actually receives the determination or decision.                   21,791       

      (4)  When an interested party provides evidence, which       21,793       

evidence may consist of testimony from the interested party, that  21,794       

                                                          493    


                                                                 
is sufficient to establish that the party did not actually         21,795       

receive a decision within the thirty-day appeal period provided    21,796       

in division (O)(1) of this section, and a court of common pleas    21,797       

finds that the interested party did not actually receive the       21,798       

decision within that thirty-day appeal period, then the appeal     21,799       

period is extended to thirty days after the interested party       21,800       

actually receives the decision.                                    21,801       

      (R)  No finding of fact or law, decision, or order of the    21,803       

administrator, hearing officer, or the review commission, or a     21,805       

reviewing court pursuant to this section, shall be given           21,807       

collateral estoppel or res judicata effect in any separate or      21,808       

subsequent judicial, administrative, or arbitration proceeding,    21,809       

other than a proceeding arising under this chapter.                21,810       

      Sec. 4501.25.  There is hereby created in the state          21,819       

treasury the state bureau of motor vehicles fund.  The fund shall  21,820       

consist of all money collected by the registrar of motor           21,821       

vehicles, including taxes, fees, and fines levied, charged, or     21,822       

referred to in Chapters 4501., 4503., 4505., 4506., 4507., 4509.,               

4511., 4517., 4519., 4521., and sections 2301.374 3123.59,         21,823       

2935.27, 2937.221, 3407.168, 4738.06, 4738.13, and 4738.18 of the  21,825       

Revised Code unless otherwise designated by law.  The fund shall   21,826       

be used to pay the expenses of administering the law relative to   21,827       

the powers and duties of the registrar of motor vehicles.  All     21,828       

investment earnings of the fund shall be retained by the fund.     21,829       

      Sec. 4506.071.  On receipt of a notice pursuant to section   21,839       

2301.374 3123.54 of the Revised Code, the registrar of motor       21,840       

vehicles shall comply with that section SECTIONS 3123.52 TO        21,843       

3123.615 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                   

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        21,845       

commercial driver's license or commercial driver's temporary       21,846       

instruction permit issued pursuant to this chapter.                             

      Sec. 4507.08.   (A)  No probationary license shall be        21,856       

issued to any person under the age of eighteen who has been        21,857       

adjudicated an unruly or delinquent child or a juvenile traffic    21,858       

                                                          494    


                                                                 
offender for having committed any act that if committed by an      21,859       

adult would be a drug abuse offense, as defined in section         21,860       

2925.01 of the Revised Code, a violation of division (B) of        21,861       

section 2917.11, or a violation of division (A) of section         21,862       

4511.19 of the Revised Code, unless the person has been required   21,863       

by the court to attend a drug abuse or alcohol abuse education,    21,864       

intervention, or treatment program specified by the court and has  21,865       

satisfactorily completed the program.                              21,866       

      (B)  No temporary instruction permit or driver's license     21,868       

shall be issued to any person whose license has been suspended,    21,869       

during the period for which the license was suspended, nor to any  21,870       

person whose license has been revoked, under sections 4507.01 to   21,871       

4507.39 of the Revised Code, until the expiration of one year      21,872       

after the license was revoked.                                     21,873       

      (C)  No temporary instruction permit or driver's license     21,875       

shall be issued to any person whose commercial driver's license    21,876       

is suspended under section 1905.201, 2301.374 3123.58, 4507.16,    21,877       

4507.34, 4507.99, 4511.191, or 4511.196 of the Revised Code or     21,879       

under any other provision of the Revised Code during the period    21,880       

of the suspension.                                                 21,881       

      No temporary instruction permit or driver's license shall    21,883       

be issued to any person when issuance is prohibited by division    21,884       

(A) of section 4507.091 of the Revised Code.                       21,885       

      (D)  No temporary instruction permit or driver's license     21,887       

shall be issued to, or retained by, any of the following persons:  21,888       

      (1)  Any person who is an alcoholic, or is addicted to the   21,890       

use of controlled substances to the extent that the use            21,891       

constitutes an impairment to the person's ability to operate a     21,892       

motor vehicle with the required degree of safety;                  21,893       

      (2)  Any person who is under the age of eighteen and has     21,895       

been adjudicated an unruly or delinquent child or a juvenile       21,896       

traffic offender for having committed any act that if committed    21,897       

by an adult would be a drug abuse offense, as defined in section   21,898       

2925.01 of the Revised Code, a violation of division (B) of        21,899       

                                                          495    


                                                                 
section 2917.11, or a violation of division (A) of section         21,900       

4511.19 of the Revised Code, unless the person has been required   21,901       

by the court to attend a drug abuse or alcohol abuse education,    21,902       

intervention, or treatment program specified by the court and has  21,903       

satisfactorily completed the program;                              21,904       

      (3)  Any person who, in the opinion of the registrar, is     21,906       

afflicted with or suffering from a physical or mental disability   21,907       

or disease that prevents the person from exercising reasonable     21,908       

and ordinary control over a motor vehicle while operating the      21,909       

vehicle upon the highways, except that a restricted license        21,910       

effective for six months may be issued to any person otherwise     21,911       

qualified who is or has been subject to any condition resulting    21,912       

in episodic impairment of consciousness or loss of muscular        21,913       

control and whose condition, in the opinion of the registrar, is   21,914       

dormant or is sufficiently under medical control that the person   21,915       

is capable of exercising reasonable and ordinary control over a    21,916       

motor vehicle.  A restricted license effective for six months      21,917       

shall be issued to any person who is otherwise qualified who is    21,918       

subject to any condition that causes episodic impairment of        21,919       

consciousness or a loss of muscular control if the person          21,920       

presents a statement from a licensed physician that the person's   21,921       

condition is under effective medical control and the period of     21,922       

time for which the control has been continuously maintained,       21,923       

unless, thereafter, a medical examination is ordered and,          21,924       

pursuant thereto, cause for denial is found.                       21,925       

      A person to whom a six-month restricted license has been     21,927       

issued shall give notice of the person's medical condition to the  21,928       

registrar on forms provided by the registrar and signed by the     21,929       

licensee's physician.  The notice shall be sent to the registrar   21,930       

six months after the issuance of the license.  Subsequent          21,931       

restricted licenses issued to the same individual shall be         21,932       

effective for six months.                                          21,933       

      (4)  Any person who is unable to understand highway          21,935       

warnings or traffic signs or directions given in the English       21,936       

                                                          496    


                                                                 
language;                                                          21,937       

      (5)  Any person making an application whose driver's         21,939       

license or driving privileges are under revocation or suspension   21,940       

in the jurisdiction where issued or any other jurisdiction, until  21,941       

the expiration of one year after the license was revoked or until  21,942       

the period of suspension ends.  Any person whose application is    21,943       

denied under this division may file a petition in the municipal    21,944       

court or county court in whose jurisdiction the person resides     21,945       

agreeing to pay the cost of the proceedings and alleging that the  21,946       

conduct involved in the offense that resulted in suspension or     21,947       

revocation in the foreign jurisdiction would not have resulted in  21,948       

a suspension or revocation had the offense occurred in this        21,949       

state.  If the petition is granted, the petitioner shall notify    21,950       

the registrar by a certified copy of the court's findings and a    21,952       

license shall not be denied under this division.                                

      (6)  Any person whose driver's or commercial driver's        21,954       

license or permit has been permanently revoked pursuant to         21,955       

division (C) of section 4507.16 of the Revised Code;               21,956       

      (7)  Any person who is not a resident or temporary resident  21,958       

of this state.                                                     21,959       

      Sec. 4507.111.  On receipt of a notice pursuant to section   21,968       

2301.374 3123.54 of the Revised Code, the registrar of motor       21,970       

vehicles shall comply with that section SECTIONS 3123.52 TO        21,972       

3123.615 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                   

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        21,975       

driver's license, motorcycle operator's license or endorsement,                 

or temporary instruction permit issued pursuant to this chapter.   21,976       

      Sec. 4507.16.  (A)(1)  The trial judge of any court of       21,985       

record, in addition to or independent of all other penalties       21,986       

provided by law or by ordinance, shall suspend for not less than   21,987       

thirty days or more than three years or shall revoke the driver's  21,988       

or commercial driver's license or permit or nonresident operating  21,990       

privilege of any person who is convicted of or pleads guilty to    21,991       

any of the following:                                              21,992       

                                                          497    


                                                                 
      (a)  Perjury or the making of a false affidavit under this   21,994       

chapter, or any other law of this state requiring the              21,995       

registration of motor vehicles or regulating their operation on    21,996       

the highway;                                                       21,997       

      (b)  Any crime punishable as a felony under the motor        21,999       

vehicle laws of this state or any other felony in the commission   22,000       

of which a motor vehicle is used;                                  22,001       

      (c)  Failing to stop and disclose identity at the scene of   22,003       

the accident when required by law or ordinance to do so;           22,004       

      (d)  Street racing as defined in section 4511.251 of the     22,007       

Revised Code or any substantially similar municipal ordinance;     22,008       

      (e)  Willfully eluding or fleeing a police officer;          22,010       

      (f)  Trafficking in cigarettes with the intent to avoid      22,012       

payment of the cigarette tax under division (A) of section         22,013       

5743.112 of the Revised Code;                                      22,014       

      (g)  A violation of section 2903.06, 2903.07, or 2903.08 of  22,016       

the Revised Code or a municipal ordinance substantially similar    22,017       

to section 2903.07 of the Revised Code, unless the jury or judge   22,018       

as trier of fact in the case finds that the offender was under     22,019       

the influence of alcohol, a drug of abuse, or alcohol and a drug   22,020       

of abuse at the time of the commission of the offense.             22,021       

      If a person is convicted of or pleads guilty to a violation  22,023       

of section 2907.24 of the Revised Code, an attempt to commit a     22,024       

violation of that section, or a violation of or an attempt to      22,025       

commit a violation of a municipal ordinance that is substantially  22,026       

equivalent to that section and if the person, in committing or     22,027       

attempting to commit the violation, was in, was on, or used a                   

motor vehicle, the trial judge of a court of record, in addition   22,028       

to or independent of all other penalties provided by law or        22,029       

ordinance, shall suspend for thirty days the person's driver's or  22,030       

commercial driver's license or permit.                             22,031       

      The trial judge of any court of record, in addition to       22,033       

suspensions or revocations of licenses, permits, or privileges     22,034       

pursuant to this division and in addition to or independent of     22,035       

                                                          498    


                                                                 
all other penalties provided by law or by ordinance, shall impose  22,036       

a suspended jail sentence not to exceed six months, if             22,037       

imprisonment was not imposed for the offense for which the person  22,038       

was convicted.                                                     22,039       

      (2)  If the trial judge of any court of record suspends or   22,042       

revokes the driver's or commercial driver's license or permit or                

nonresident operating privilege of a person who is convicted of    22,043       

or pleads guilty to any offense for which such suspension or       22,044       

revocation is provided by law or ordinance, in addition to all     22,045       

other penalties provided by law or ordinance, the judge may issue  22,046       

an order prohibiting the offender from registering, renewing, or   22,047       

transferring the registration of any vehicle during the period     22,048       

that the offender's license, permit, or privilege is suspended or               

revoked.  The court promptly shall send a copy of the order to     22,049       

the registrar of motor vehicles.                                   22,050       

      Upon receipt of such an order, neither the registrar nor     22,052       

any deputy registrar shall accept any application for the          22,053       

registration, registration renewal, or transfer of registration    22,054       

of any motor vehicle owned or leased by the person named in the    22,055       

order during the period that the person's license, permit, or      22,056       

privilege is suspended or revoked, unless the registrar is                      

properly notified by the court that the order of suspension or     22,057       

revocation has been canceled.  When the period of suspension or    22,058       

revocation expires or the order is canceled, the registrar or      22,059       

deputy registrar shall accept the application for registration,    22,060       

registration renewal, or transfer of registration of the person                 

named in the order.                                                22,061       

      (B)  Except as otherwise provided in this section, the       22,063       

trial judge of any court of record and the mayor of a mayor's      22,064       

court, in addition to or independent of all other penalties        22,065       

provided by law or by ordinance, shall revoke the driver's or      22,066       

commercial driver's license or permit or nonresident operating     22,067       

privilege of any person who is convicted of or pleads guilty to a  22,068       

violation of division (A) of section 4511.19 of the Revised Code,  22,069       

                                                          499    


                                                                 
of a municipal ordinance relating to operating a vehicle while     22,070       

under the influence of alcohol, a drug of abuse, or alcohol and a  22,071       

drug of abuse, or of a municipal ordinance that is substantially   22,072       

equivalent to division (A) of section 4511.19 of the Revised Code  22,073       

relating to operating a vehicle with a prohibited concentration    22,074       

of alcohol in the blood, breath, or urine or suspend the license,  22,075       

permit, or privilege as follows:                                   22,076       

      (1)  Except when division (B)(2), (3), or (4) of this        22,078       

section applies and the judge or mayor is required to suspend or   22,079       

revoke the offender's license or permit pursuant to that           22,080       

division, the judge or mayor shall suspend the offender's          22,081       

driver's or commercial driver's license or permit or nonresident   22,082       

operating privilege for not less than six months nor more than     22,083       

three years.                                                       22,084       

      (2)  Subject to division (B)(4) of this section, if, within  22,086       

six years of the offense, the offender has been convicted of or    22,088       

pleaded guilty to one violation of division (A) or (B) of section  22,089       

4511.19 of the Revised Code, a municipal ordinance relating to     22,090       

operating a vehicle while under the influence of alcohol, a drug   22,091       

of abuse, or alcohol and a drug of abuse, a municipal ordinance    22,092       

relating to operating a motor vehicle with a prohibited            22,093       

concentration of alcohol in the blood, breath, or urine, section   22,094       

2903.04 of the Revised Code in a case in which the offender was    22,095       

subject to the sanctions described in division (D) of that         22,096       

section, section 2903.06, 2903.07, or 2903.08 of the Revised Code  22,097       

or a municipal ordinance that is substantially similar to section  22,098       

2903.07 of the Revised Code in a case in which the jury or judge   22,099       

found that the offender was under the influence of alcohol, a      22,100       

drug of abuse, or alcohol and a drug of abuse, or a statute of     22,101       

the United States or of any other state or a municipal ordinance   22,102       

of a municipal corporation located in any other state that is      22,103       

substantially similar to division (A) or (B) of section 4511.19    22,104       

of the Revised Code, the judge shall suspend the offender's        22,105       

driver's or commercial driver's license or permit or nonresident   22,106       

                                                          500    


                                                                 
operating privilege for not less than one year nor more than five  22,107       

years.                                                                          

      (3)  Subject to division (B)(4) of this section, if, within  22,109       

six years of the offense, the offender has been convicted of or    22,110       

pleaded guilty to two violations described in division (B)(2) of   22,111       

this section, or a statute of the United States or of any other    22,112       

state or a municipal ordinance of a municipal corporation located  22,114       

in any other state that is substantially similar to division (A)   22,115       

or (B) of section 4511.19 of the Revised Code, the judge shall     22,116       

suspend the offender's driver's or commercial driver's license or  22,117       

permit or nonresident operating privilege for not less than one    22,118       

year nor more than ten years.                                                   

      (4)  If, within six years of the offense, the offender has   22,120       

been convicted of or pleaded guilty to three or more violations    22,121       

described in division (B)(2) of this section, a statute of the     22,123       

United States or of any other state or a municipal ordinance of a  22,124       

municipal corporation located in any other state that is           22,125       

substantially similar to division (A) or (B) of section 4511.19                 

of the Revised Code, or if the offender previously has been        22,127       

convicted of or pleaded guilty to a violation of division (A) of   22,128       

section 4511.19 of the Revised Code under circumstances in which   22,129       

the violation was a felony and regardless of when the violation    22,130       

and the conviction or guilty plea occurred, the judge shall                     

suspend the offender's driver's or commercial driver's license or  22,132       

permit or nonresident operating privilege for a period of time     22,133       

set by the court but not less than three years, and the judge may  22,134       

permanently revoke the offender's driver's or commercial driver's  22,135       

license or permit or nonresident operating privilege.              22,136       

      (5)  The filing of an appeal by a person whose driver's or   22,138       

commercial driver's license is suspended or revoked under          22,139       

division (B)(1), (2), (3), or (4) of this section regarding any    22,140       

aspect of the person's trial or sentence does not stay the         22,141       

operation of the suspension or revocation.                         22,143       

      (C)  The trial judge of any court of record or the mayor of  22,145       

                                                          501    


                                                                 
a mayor's court, in addition to or independent of all other        22,146       

penalties provided by law or by ordinance, may suspend the         22,147       

driver's or commercial driver's license or permit or nonresident   22,148       

operating privilege of any person who violates a requirement or    22,149       

prohibition of the court imposed under division (F) of this        22,150       

section or division (G)(1) of section 2951.02 of the Revised Code  22,152       

as follows:                                                                     

      (1)  For not more than one year, upon conviction for a       22,154       

first violation of the requirement or prohibition;                 22,155       

      (2)  For not more than five years, upon conviction for a     22,157       

second or subsequent violation of the requirement or prohibition   22,158       

during the same period of required use of an ignition interlock    22,159       

device that is certified pursuant to section 4511.83 of the        22,160       

Revised Code.                                                      22,161       

      (D)(1)  The trial judge of any court of record, in addition  22,163       

to or independent of all other penalties provided by law or by     22,164       

ordinance, shall permanently revoke the driver's or commercial     22,165       

driver's license or permit or nonresident operating privilege of   22,166       

any person who is convicted of or pleads guilty to a violation of  22,167       

section 2903.04 of the Revised Code in a case in which the         22,168       

offender is subject to the sanctions described in division (D) of  22,169       

that section, or of any person who is convicted of or pleads       22,170       

guilty to a violation of section 2903.06, 2903.07, or 2903.08 of   22,171       

the Revised Code or of a municipal ordinance that is               22,172       

substantially similar to section 2903.07 of the Revised Code if    22,173       

the jury or judge as trier of fact in the case in which the        22,174       

person is convicted finds that the offender was under the          22,175       

influence of alcohol, a drug of abuse, or alcohol and a drug of    22,176       

abuse, at the time of the commission of the offense.               22,177       

      (2)  In addition to any prison term authorized or required   22,179       

by the section that establishes the offense and sections 2929.13   22,181       

and 2929.14 of the Revised Code, and in addition to any other      22,182       

sanction imposed for the offense under the section that            22,183       

establishes the offense or sections 2929.11 to 2929.182 of the     22,184       

                                                          502    


                                                                 
Revised Code, the court that sentences an offender who is          22,185       

convicted of or pleads guilty to a violation of section 2925.02,   22,186       

2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,     22,187       

2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37                

of the Revised Code either shall revoke or, if it does not         22,191       

revoke, shall suspend for not less than six months or more than    22,192       

five years, as specified in the section that establishes the       22,193       

offense, the person's driver's or commercial driver's license or   22,195       

permit.  If the person's driver's or commercial driver's license   22,196       

or permit is under suspension on the date the court imposes        22,197       

sentence upon the person, any revocation imposed upon the person   22,198       

that is referred to in division (D)(2) of this section shall take  22,200       

effect immediately.  If the person's driver's or commercial        22,201       

driver's license or permit is under suspension on the date the     22,202       

court imposes sentence upon the person, any period of suspension   22,203       

imposed upon the person that is referred to in division (D)(2) of  22,204       

this section shall take effect on the next day immediately         22,205       

following the end of that period of suspension.  If the person is  22,206       

sixteen years of age or older and is a resident of this state but  22,207       

does not have a current, valid Ohio driver's or commercial         22,208       

driver's license or permit, the court shall order the registrar    22,209       

to deny to the person the issuance of a driver's or commercial     22,210       

driver's license or permit for six months beginning on the date    22,211       

the court imposes a sentence upon the person.  If the person has   22,212       

not attained the age of sixteen years on the date the court        22,213       

sentences the person for the violation, the period of denial       22,214       

shall commence on the date the person attains the age of sixteen   22,216       

years.                                                                          

      (E)  Except as otherwise provided in this section, the       22,218       

trial judge of any court of record and the mayor of a mayor's      22,219       

court, in addition to or independent of all other penalties        22,220       

provided by law or ordinance, shall suspend for not less than      22,221       

sixty days nor more than two years the driver's or commercial      22,222       

driver's license or permit or nonresident operating privilege of   22,223       

                                                          503    


                                                                 
any person who is convicted of or pleads guilty to a violation of  22,224       

division (B) of section 4511.19 of the Revised Code or of a        22,225       

municipal ordinance substantially equivalent to that division      22,226       

relating to operating a vehicle with a prohibited concentration    22,227       

of alcohol in the blood, breath, or urine.                         22,228       

      (F)  If a person's driver's or commercial driver's license   22,230       

or permit or nonresident operating privilege has been suspended    22,231       

pursuant to division (B) or (C) of this section or pursuant to     22,232       

division (F) of section 4511.191 of the Revised Code, and the      22,233       

person, within the preceding seven years, has been convicted of    22,234       

or pleaded guilty to three or more violations of division (A) or   22,235       

(B) of section 4511.19 of the Revised Code, a municipal ordinance  22,236       

relating to operating a vehicle while under the influence of       22,237       

alcohol, a drug of abuse, or alcohol and a drug of abuse, a        22,238       

municipal ordinance relating to operating a vehicle with a         22,239       

prohibited concentration of alcohol in the blood, breath, or       22,240       

urine, section 2903.04 of the Revised Code in a case in which the  22,241       

person was subject to the sanctions described in division (D) of   22,242       

that section, section 2903.06, 2903.07, or 2903.08 of the Revised  22,244       

Code or a municipal ordinance that is substantially similar to     22,245       

section 2903.07 of the Revised Code in a case in which the jury    22,246       

or judge found that the person was under the influence of          22,247       

alcohol, a drug of abuse, or alcohol and a drug of abuse, or a                  

statute of the United States or of any other state or a municipal  22,249       

ordinance of a municipal corporation located in any other state                 

that is substantially similar to division (A) or (B) of section    22,250       

4511.19 of the Revised Code, the person is not entitled to         22,252       

request, and the judge or mayor shall not grant to the person,     22,253       

occupational driving privileges under this division.  Any other    22,254       

person whose driver's or commercial driver's license or            22,255       

nonresident operating privilege has been suspended under any of    22,256       

those divisions may file a petition that alleges that the          22,257       

suspension would seriously affect the person's ability to          22,258       

continue the person's employment.  The petition of a person whose  22,260       

                                                          504    


                                                                 
license, permit, or privilege was suspended pursuant to division   22,261       

(F) of section 4511.191 of the Revised Code shall be filed in the  22,262       

court specified in division (I)(4) of that section, and the        22,263       

petition of a person whose license, permit, or privilege was       22,264       

suspended under division (B) or (C) of this section shall be                    

filed in the municipal, county, mayor's, or in the case of a       22,265       

minor, juvenile court that has jurisdiction over the place of      22,266       

arrest.  Upon satisfactory proof that there is reasonable cause    22,267       

to believe that the suspension would seriously affect the          22,268       

person's ability to continue the person's employment, the judge    22,270       

of the court or mayor of the mayor's court may grant the person    22,271       

occupational driving privileges during the period during which     22,272       

the suspension otherwise would be imposed, except that the judge   22,273       

or mayor shall not grant occupational driving privileges to any    22,274       

person who, within seven years of the filing of the petition, has  22,275       

been convicted of or pleaded guilty to three or more violations    22,276       

of division (A) or (B) of section 4511.19 of the Revised Code, a   22,277       

municipal ordinance relating to operating a vehicle while under    22,278       

the influence of alcohol, a drug of abuse, or alcohol and a drug   22,279       

of abuse, a municipal ordinance relating to operating a vehicle    22,280       

with a prohibited concentration of alcohol in the blood, breath,   22,281       

or urine, section 2903.04 of the Revised Code in a case in which   22,282       

the person was subject to the sanctions described in division (D)  22,283       

of that section, section 2903.06, 2903.07, or 2903.08 of the       22,284       

Revised Code or a municipal ordinance that is substantially        22,285       

similar to section 2903.07 of the Revised Code in a case in which  22,286       

the jury or judge found that the person was under the influence    22,287       

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  22,289       

statute of the United States or of any other state or a municipal  22,290       

ordinance of a municipal corporation located in any other state    22,291       

that is substantially similar to division (A) or (B) of section                 

4511.19 of the Revised Code, shall not grant occupational driving  22,293       

privileges for employment as a driver of commercial motor          22,294       

vehicles to any person who is disqualified from operating a        22,295       

                                                          505    


                                                                 
commercial motor vehicle under section 2301.374 3123.611 or        22,296       

4506.16 of the Revised Code, and shall not grant occupational      22,298       

driving privileges during any of the following periods of time:    22,299       

      (1)  The first fifteen days of suspension imposed upon an    22,301       

offender whose license, permit, or privilege is suspended          22,302       

pursuant to division (B)(1) of this section or division (F)(1) of  22,303       

section 4511.191 of the Revised Code.  On or after the sixteenth   22,304       

day of suspension, the court may grant the offender occupational   22,305       

driving privileges, but the court may provide that the offender    22,306       

shall not exercise the occupational driving privileges unless the  22,308       

vehicles the offender operates are equipped with ignition          22,309       

interlock devices.                                                 22,310       

      (2)  The first thirty days of suspension imposed upon an     22,312       

offender whose license, permit, or privilege is suspended          22,313       

pursuant to division (B)(2) of this section or division (F)(2) of  22,314       

section 4511.191 of the Revised Code.  On or after the             22,315       

thirty-first day of suspension, the court may grant the offender   22,316       

occupational driving privileges, but the court may provide that    22,317       

the offender shall not exercise the occupational driving           22,318       

privileges unless the vehicles the offender operates are equipped  22,320       

with ignition interlock devices.                                                

      (3)  The first one hundred eighty days of suspension         22,322       

imposed upon an offender whose license, permit, or privilege is    22,323       

suspended pursuant to division (B)(3) of this section or division  22,324       

(F)(3) of section 4511.191 of the Revised Code.  The judge may     22,325       

grant occupational driving privileges to an offender who receives  22,326       

a suspension under either of those divisions on or after the one   22,328       

hundred eighty-first day of the suspension only if division (F)    22,329       

of this section does not prohibit the judge from granting the      22,330       

privileges and only if the judge, at the time of granting the      22,331       

privileges, also issues an order prohibiting the offender, while   22,333       

exercising the occupational driving privileges during the period   22,334       

commencing with the one hundred eighty-first day of suspension     22,335       

and ending with the first year of suspension, from operating any   22,336       

                                                          506    


                                                                 
motor vehicle unless it is equipped with a certified ignition      22,337       

interlock device.  After the first year of the suspension, the     22,338       

court may authorize the offender to continue exercising the        22,339       

occupational driving privileges in vehicles that are not equipped  22,340       

with ignition interlock devices.  If the offender does not         22,341       

petition for occupational driving privileges until after the       22,342       

first year of suspension and if division (F) of this section does  22,343       

not prohibit the judge from granting the privileges, the judge     22,344       

may grant the offender occupational driving privileges without     22,345       

requiring the use of a certified ignition interlock device.        22,346       

      (4)  The first three years of suspension imposed upon an     22,348       

offender whose license, permit, or privilege is suspended          22,349       

pursuant to division (B)(4) of this section or division (F)(4) of  22,350       

section 4511.191 of the Revised Code.  The judge may grant         22,351       

occupational driving privileges to an offender who receives a      22,352       

suspension under either of those divisions after the first three   22,354       

years of suspension only if division (F) of this section does not  22,355       

prohibit the judge from granting the privileges and only if the    22,356       

judge, at the time of granting the privileges, also issues an      22,357       

order prohibiting the offender from operating any motor vehicle,   22,358       

for the period of suspension following the first three years of    22,359       

suspension, unless the motor vehicle is equipped with a certified  22,360       

ignition interlock device.                                         22,361       

      (G)  If a person's driver's or commercial driver's license   22,363       

or permit or nonresident operating privilege has been suspended    22,364       

under division (E) of this section, and the person, within the     22,365       

preceding seven years, has been convicted of or pleaded guilty to  22,366       

three or more violations of division (A) or (B) of section         22,367       

4511.19 of the Revised Code, a municipal ordinance relating to     22,368       

operating a vehicle while under the influence of alcohol, a drug   22,369       

of abuse, or alcohol and a drug of abuse, a municipal ordinance    22,370       

relating to operating a vehicle with a prohibited concentration    22,371       

of alcohol in the blood, breath, or urine, section 2903.04 of the  22,372       

Revised Code in a case in which the person was subject to the      22,373       

                                                          507    


                                                                 
sanctions described in division (D) of that section, section       22,374       

2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal    22,375       

ordinance that is substantially similar to section 2903.07 of the  22,376       

Revised Code in a case in which the jury or judge found that the   22,377       

person was under the influence of alcohol, a drug of abuse, or     22,378       

alcohol and a drug of abuse, or a statute of the United States or  22,380       

of any other state or a municipal ordinance of a municipal         22,381       

corporation located in any other state that is substantially       22,382       

similar to division (A) or (B) of section 4511.19 of the Revised   22,383       

Code, the person is not entitled to request, and the judge or      22,385       

mayor shall not grant to the person, occupational driving          22,386       

privileges under this division.  Any other person whose driver's   22,387       

or commercial driver's license or nonresident operating privilege  22,388       

has been suspended under division (E) of this section may file a   22,389       

petition that alleges that the suspension would seriously affect   22,390       

the person's ability to continue the person's employment.  The     22,391       

petition shall be filed in the municipal, county, or mayor's       22,393       

court that has jurisdiction over the place of arrest.  Upon        22,394       

satisfactory proof that there is reasonable cause to believe that  22,395       

the suspension would seriously affect the person's ability to      22,396       

continue the person's employment, the judge of the court or mayor  22,398       

of the mayor's court may grant the person occupational driving     22,399       

privileges during the period during which the suspension           22,400       

otherwise would be imposed, except that the judge or mayor shall   22,401       

not grant occupational driving privileges to any person who,       22,402       

within seven years of the filing of the petition, has been         22,403       

convicted of or pleaded guilty to three or more violations of      22,404       

division (A) or (B) of section 4511.19 of the Revised Code, a                   

municipal ordinance relating to operating a vehicle while under    22,405       

the influence of alcohol, a drug of abuse, or alcohol and a drug   22,406       

of abuse, a municipal ordinance relating to operating a vehicle    22,407       

with a prohibited concentration of alcohol in the blood, breath,   22,408       

or urine, section 2903.04 of the Revised Code in a case in which   22,409       

the person was subject to the sanctions described in division (D)  22,410       

                                                          508    


                                                                 
of that section, section 2903.06, 2903.07, or 2903.08 of the       22,411       

Revised Code or a municipal ordinance that is substantially        22,412       

similar to section 2903.07 of the Revised Code in a case in which  22,413       

the jury or judge found that the person was under the influence    22,414       

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  22,416       

statute of the United States or of any other state or a municipal  22,417       

ordinance of a municipal corporation located in any other state    22,418       

that is substantially similar to division (A) or (B) of section    22,419       

4511.19 of the Revised Code, shall not grant occupational driving  22,420       

privileges for employment as a driver of commercial motor          22,421       

vehicles to any person who is disqualified from operating a        22,422       

commercial motor vehicle under section 4506.16 of the Revised      22,423       

Code, and shall not grant occupational driving privileges during   22,424       

the first sixty days of suspension imposed upon an offender whose  22,425       

driver's or commercial driver's license or permit or nonresident   22,426       

operating privilege is suspended pursuant to division (E) of this  22,427       

section.                                                                        

      (H)(1)  After a driver's or commercial driver's license or   22,429       

permit has been suspended or revoked pursuant to this section,     22,431       

the judge of the court or mayor of the mayor's court that          22,432       

suspended or revoked the license or permit shall cause the         22,433       

offender to deliver the license or permit to the court.  The       22,434       

judge, mayor, or clerk of the court or mayor's court, if the       22,435       

license or permit has been suspended or revoked in connection      22,436       

with any of the offenses listed in this section, forthwith shall   22,437       

forward it to the registrar with notice of the action of the       22,439       

court.                                                                          

      (2)  Suspension of a commercial driver's license under this  22,441       

section shall be concurrent with any period of disqualification    22,442       

under section 2301.374 3123.611 or 4506.16 of the Revised Code OR  22,444       

PERIOD OF SUSPENSION UNDER SECTION 3123.58 OF THE REVISED CODE.    22,445       

No person who is disqualified for life from holding a commercial   22,447       

driver's license under section 4506.16 of the Revised Code shall   22,448       

be issued a driver's license under this chapter during the period  22,449       

                                                          509    


                                                                 
for which the commercial driver's license was suspended under      22,450       

this section, and no person whose commercial driver's license is   22,451       

suspended under this section shall be issued a driver's license    22,452       

under this chapter during the period of the suspension.            22,453       

      (I)  No judge shall suspend the first thirty days of         22,455       

suspension of a driver's or commercial driver's license or permit  22,457       

or a nonresident operating privilege required under division (A)   22,458       

of this section, no judge or mayor shall suspend the first six     22,459       

months of suspension required under division (B)(1) of this        22,460       

section, no judge shall suspend the first year of suspension       22,461       

required under division (B)(2) of this section, no judge shall     22,462       

suspend the first year of suspension required under division       22,463       

(B)(3) of this section, no judge shall suspend the first three     22,464       

years of suspension required under division (B)(4) of this         22,465       

section, no judge or mayor shall suspend the revocation required   22,466       

by division (D) of this section, and no judge or mayor shall       22,467       

suspend the first sixty days of suspension required under          22,468       

division (E) of this section, except that the court shall credit   22,469       

any period of suspension imposed pursuant to section 4511.191 or   22,470       

4511.196 of the Revised Code against any time of suspension        22,471       

imposed pursuant to division (B) or (E) of this section as         22,472       

described in division (J) of this section.                                      

      (J)  The judge of the court or mayor of the mayor's court    22,474       

shall credit any time during which an offender was subject to an   22,475       

administrative suspension of the offender's driver's or            22,476       

commercial driver's license or permit or nonresident operating     22,478       

privilege imposed pursuant to division (E) or (F) of section       22,479       

4511.191 or a suspension imposed by a judge, referee, or mayor     22,480       

pursuant to division (B)(1) or (2) of section 4511.196 of the      22,481       

Revised Code against the time to be served under a related         22,482       

suspension imposed pursuant to this section.                       22,483       

      (K)  The judge or mayor shall notify the bureau of any       22,485       

determinations made, and of any suspensions or revocations         22,486       

imposed, pursuant to division (B) of this section.                 22,487       

                                                          510    


                                                                 
      (L)(1)  If a court issues an ignition interlock order under  22,489       

division (F) of this section, the order shall authorize the        22,490       

offender during the specified period to operate a motor vehicle    22,491       

only if it is equipped with a certified ignition interlock         22,492       

device.  The court shall provide the offender with a copy of an    22,493       

ignition interlock order issued under division (F) of this         22,494       

section, and the copy of the order shall be used by the offender   22,495       

in lieu of an Ohio driver's or commercial driver's license or      22,496       

permit until the registrar or a deputy registrar issues the        22,497       

offender a restricted license.                                     22,498       

      An order issued under division (F) of this section does not  22,500       

authorize or permit the offender to whom it has been issued to     22,501       

operate a vehicle during any time that the offender's driver's or  22,502       

commercial driver's license or permit is suspended or revoked      22,503       

under any other provision of law.                                  22,504       

      (2)  The offender may present the ignition interlock order   22,506       

to the registrar or to a deputy registrar.  Upon presentation of   22,507       

the order to the registrar or a deputy registrar, the registrar    22,508       

or deputy registrar shall issue the offender a restricted          22,509       

license.  A restricted license issued under this division shall    22,510       

be identical to an Ohio driver's license, except that it shall     22,511       

have printed on its face a statement that the offender is          22,512       

prohibited during the period specified in the court order from     22,513       

operating any motor vehicle that is not equipped with a certified  22,514       

ignition interlock device, and except that the date of             22,515       

commencement and the date of termination of the period shall be    22,516       

indicated conspicuously upon the face of the license.              22,517       

      (3)  As used in this section:                                22,519       

      (a)  "Ignition interlock device" has the same meaning as in  22,521       

section 4511.83 of the Revised Code.                               22,522       

      (b)  "Certified ignition interlock device" means an          22,524       

ignition interlock device that is certified pursuant to section    22,525       

4511.83 of the Revised Code.                                       22,526       

      Sec. 4507.34.  Whenever a person is found guilty under the   22,535       

                                                          511    


                                                                 
laws of this state or under any ordinance of any political         22,536       

subdivision of this state, of operating a motor vehicle in         22,537       

violation of such laws or ordinances, relating to reckless         22,538       

operation, the trial court of any court of record may, in          22,539       

addition to or independent of all other penalties provided by      22,540       

law, suspend for any period of time or revoke the driver's         22,541       

license or commercial driver's license of any person so convicted  22,542       

or pleading guilty to such offenses for any period that it         22,543       

determines, not to exceed one year.                                22,544       

      Suspension of a commercial driver's license under this       22,546       

section shall be concurrent with any period of disqualification    22,547       

under section 2301.374 3123.611 or 4506.16 of the Revised Code OR  22,549       

PERIOD OF SUSPENSION UNDER SECTION 3123.58 OF THE REVISED CODE.    22,550       

No person who is disqualified for life from holding a commercial   22,552       

driver's license under section 4506.16 of the Revised Code shall   22,553       

be issued a driver's license under this chapter during the period  22,554       

for which the commercial driver's license was suspended under      22,555       

this section, and no person whose commercial driver's license is   22,556       

suspended under this section shall be issued a driver's license    22,557       

under this chapter during the period of the suspension.            22,558       

      Sec. 4507.99.  (A)  Whoever violates division (B)(2) or      22,567       

(D)(1) of section 4507.02 of the Revised Code is guilty of         22,568       

driving under suspension or revocation or in violation of license  22,569       

restrictions, a misdemeanor of the first degree.  Whoever          22,570       

violates division (C) of section 4507.02 of the Revised Code is    22,571       

guilty of driving without paying a license reinstatement fee, a    22,572       

misdemeanor of the first degree.  Except as otherwise provided in  22,573       

division (D) of section 4507.162 of the Revised Code, the court,   22,574       

in addition to or independent of all other penalties provided by   22,575       

law, may suspend for a period not to exceed one year the driver's  22,576       

or commercial driver's license or permit or nonresident operating  22,577       

privilege of any person who pleads guilty to or is convicted of a  22,578       

violation of division (B)(2), (C), or (D)(1) of section 4507.02    22,579       

of the Revised Code.                                               22,580       

                                                          512    


                                                                 
      (B)  Whoever violates division (D)(2) of section 4507.02 of  22,582       

the Revised Code is guilty of driving under OMVI suspension or     22,583       

revocation and shall be punished as provided in division (B)(1),   22,584       

(2), or (3) and divisions (B)(4) to (8) of this section.           22,585       

      (1)  Except as otherwise provided in division (B)(2) or (3)  22,587       

of this section, driving under OMVI suspension or revocation is a  22,588       

misdemeanor of the first degree, and the court shall sentence the  22,589       

offender to a term of imprisonment of not less than three          22,590       

consecutive days and may sentence the offender pursuant to         22,591       

section 2929.21 of the Revised Code to a longer term of            22,592       

imprisonment.  As an alternative to the term of imprisonment       22,593       

required to be imposed by this division, but subject to division   22,594       

(B)(6) of this section, the court may sentence the offender to a   22,595       

term of not less than thirty consecutive days of electronically    22,596       

monitored house arrest as defined in division (A)(4) of section    22,597       

2929.23 of the Revised Code.  The period of electronically         22,598       

monitored house arrest shall not exceed six months.  In addition,  22,599       

the court shall impose upon the offender a fine of not less than   22,600       

two hundred fifty and not more than one thousand dollars.          22,601       

      Regardless of whether the vehicle the offender was           22,603       

operating at the time of the offense is registered in the          22,604       

offender's name or in the name of another person, the court, in    22,605       

addition to or independent of any other sentence that it imposes   22,606       

upon the offender and subject to section 4503.235 of the Revised   22,607       

Code, shall order the immobilization for thirty days of the        22,608       

vehicle the offender was operating at the time of the offense and  22,609       

the impoundment for thirty days of the identification license      22,610       

plates of that vehicle.  The order for immobilization and          22,611       

impoundment shall be issued and enforced in accordance with        22,612       

section 4503.233 of the Revised Code.                              22,613       

      (2)  If, within five years of the offense, the offender has  22,615       

been convicted of or pleaded guilty to one violation of division   22,616       

(D)(2) of section 4507.02 of the Revised Code or a municipal       22,617       

ordinance that is substantially equivalent to that division,       22,618       

                                                          513    


                                                                 
driving under OMVI suspension or revocation is a misdemeanor, and  22,619       

the court shall sentence the offender to a term of imprisonment    22,620       

of not less than ten consecutive days and may sentence the         22,621       

offender to a longer definite term of imprisonment of not more     22,622       

than one year.  As an alternative to the term of imprisonment      22,623       

required to be imposed by this division, but subject to division   22,624       

(B)(6) of this section, the court may sentence the offender to a   22,625       

term of not less than ninety consecutive days of electronically    22,626       

monitored house arrest as defined in division (A)(4) of section    22,627       

2929.23 of the Revised Code.  The period of electronically         22,628       

monitored house arrest shall not exceed one year.  In addition,    22,629       

the court shall impose upon the offender a fine of not less than   22,630       

five hundred and not more than two thousand five hundred dollars.  22,631       

      Regardless of whether the vehicle the offender was           22,633       

operating at the time of the offense is registered in the          22,634       

offender's name or in the name of another person, the court, in    22,635       

addition to or independent of any other sentence that it imposes   22,636       

upon the offender and subject to section 4503.235 of the Revised   22,637       

Code, shall order the immobilization for sixty days of the         22,638       

vehicle the offender was operating at the time of the offense and  22,639       

the impoundment for sixty days of the identification license       22,640       

plates of that vehicle.  The order for immobilization and          22,641       

impoundment shall be issued and enforced in accordance with        22,642       

section 4503.233 of the Revised Code.                              22,643       

      (3)  If, within five years of the offense, the offender has  22,645       

been convicted of or pleaded guilty to two or more violations of   22,646       

division (D)(2) of section 4507.02 of the Revised Code or a        22,647       

municipal ordinance that is substantially equivalent to that       22,648       

division, driving under OMVI suspension or revocation is guilty    22,649       

of a misdemeanor.  The court shall sentence the offender to a      22,650       

term of imprisonment of not less than thirty consecutive days and  22,651       

may sentence the offender to a longer definite term of             22,652       

imprisonment of not more than one year.  The court shall not       22,653       

sentence the offender to a term of electronically monitored house  22,654       

                                                          514    


                                                                 
arrest as defined in division (A)(4) of section 2929.23 of the     22,655       

Revised Code.  In addition, the court shall impose upon the        22,656       

offender a fine of not less than five hundred and not more than    22,657       

two thousand five hundred dollars.                                 22,658       

      Regardless of whether the vehicle the offender was           22,660       

operating at the time of the offense is registered in the          22,661       

offender's name or in the name of another person, the court, in    22,662       

addition to or independent of any other sentence that it imposes   22,663       

upon the offender and subject to section 4503.235 of the Revised   22,664       

Code, shall order the criminal forfeiture to the state of the      22,665       

vehicle the offender was operating at the time of the offense.     22,666       

The order of criminal forfeiture shall be issued and enforced in   22,667       

accordance with section 4503.234 of the Revised Code.              22,668       

      If title to a motor vehicle that is subject to an order for  22,670       

criminal forfeiture under this section is assigned or transferred  22,671       

and division (C)(2) or (3) of section 4503.234 of the Revised      22,673       

Code applies, in addition to or independent of any other penalty   22,674       

established by law, the court may fine the offender the value of   22,675       

the vehicle as determined by publications of the national auto     22,676       

dealer's association.  The proceeds from any fine imposed under    22,677       

this division shall be distributed in accordance with division     22,678       

(D)(4) of section 4503.234 of the Revised Code.                    22,680       

      (4)  In addition to or independent of all other penalties    22,682       

provided by law or ordinance, the trial judge of any court of      22,683       

record or the mayor of a mayor's court shall suspend for a period  22,684       

not to exceed one year the driver's or commercial driver's         22,685       

license or permit or nonresident operating privilege of an         22,686       

offender who is sentenced under division (B)(1), (2), or (3) of    22,687       

this section.                                                      22,688       

      (5)  Fifty per cent of any fine imposed by a court under     22,690       

division (B)(1), (2), or (3) of this section shall be deposited    22,691       

into the county indigent drivers alcohol treatment fund or         22,693       

municipal indigent drivers alcohol treatment fund under the        22,694       

control of that court, as created by the county or municipal       22,695       

                                                          515    


                                                                 
corporation pursuant to division (N) of section 4511.191 of the    22,696       

Revised Code.                                                                   

      (6)  No court shall impose the alternative sentence of not   22,698       

less than thirty consecutive days of electronically monitored      22,699       

house arrest permitted to be imposed by division (B)(1) of this    22,700       

section or the alternative sentence of a term of not less than     22,701       

ninety consecutive days of electronically monitored house arrest   22,702       

permitted to be imposed by division (B)(2) of this section,        22,703       

unless within sixty days of the date of sentencing, the court      22,704       

issues a written finding, entered into the record, that, due to    22,705       

the unavailability of space at the incarceration facility where    22,706       

the offender is required to serve the term of imprisonment         22,707       

imposed upon the offender, the offender will not be able to begin  22,708       

serving that term of imprisonment within the sixty-day period      22,710       

following the date of sentencing.  If the court issues such a      22,711       

finding, the court may impose the alternative sentence comprised   22,712       

of or including electronically monitored house arrest permitted    22,713       

to be imposed by division (B)(1) or (2) of this section.           22,714       

      (7)  An offender sentenced under this section to a period    22,716       

of electronically monitored house arrest shall be permitted work   22,717       

release during such period.  The duration of the work release      22,718       

shall not exceed the time necessary each day for the offender to   22,719       

commute to and from the place of employment and the offender's     22,720       

home or other place specified by the sentencing court and the      22,721       

time actually spent under employment.                              22,722       

      (8)  Suspension of a commercial driver's license under this  22,724       

section shall be concurrent with any period of disqualification    22,725       

under section 2301.374 3123.611 or 4506.16 of the Revised Code OR  22,727       

ANY PERIOD OF SUSPENSION UNDER SECTION 3123.58 OF THE REVISED      22,728       

CODE.  No person who is disqualified for life from holding a       22,729       

commercial driver's license under section 4506.16 of the Revised   22,730       

Code shall be issued a driver's license under this chapter during  22,731       

the period for which the commercial driver's license was           22,732       

suspended under this section, and no person whose commercial       22,733       

                                                          516    


                                                                 
driver's license is suspended under this section shall be issued   22,734       

a driver's license under this chapter during the period of the     22,735       

suspension.                                                                     

      (C)  Whoever violates division (B)(1) of section 4507.02 of  22,737       

the Revised Code is guilty of driving under financial              22,738       

responsibility law suspension or revocation and shall be punished  22,739       

as provided in division (C)(1), (2), or (3) and division (C)(4)    22,740       

of this section.                                                   22,741       

      (1)  Except as otherwise provided in division (C)(2) or (3)  22,743       

of this section, driving under financial responsibility law        22,744       

suspension or revocation is a misdemeanor of the first degree.     22,745       

      Regardless of whether the vehicle the offender was           22,747       

operating at the time of the offense is registered in the          22,748       

offender's name or in the name of another person, the court, in    22,749       

addition to or independent of any other sentence that it imposes   22,750       

upon the offender and subject to section 4503.235 of the Revised   22,751       

Code, shall order the immobilization for thirty days of the        22,752       

vehicle the offender was operating at the time of the offense and  22,753       

the impoundment for thirty days of the identification license      22,754       

plates of that vehicle.  The order for immobilization and          22,755       

impoundment shall be issued and enforced in accordance with        22,756       

section 4503.233 of the Revised Code.                              22,757       

      (2)  If, within five years of the offense, the offender has  22,759       

been convicted of or pleaded guilty to one violation of division   22,760       

(B)(1) of section 4507.02 of the Revised Code or a municipal       22,761       

ordinance that is substantially equivalent to that division,       22,762       

driving under financial responsibility law suspension or           22,763       

revocation is a misdemeanor of the first degree.                   22,764       

      Regardless of whether the vehicle the offender was           22,766       

operating at the time of the offense is registered in the          22,767       

offender's name or in the name of another person, the court, in    22,768       

addition to or independent of any other sentence that it imposes   22,769       

upon the offender and subject to section 4503.235 of the Revised   22,770       

Code, shall order the immobilization for sixty days of the         22,771       

                                                          517    


                                                                 
vehicle the offender was operating at the time of the offense and  22,772       

the impoundment for sixty days of the identification license       22,773       

plates of that vehicle.  The order for immobilization and          22,774       

impoundment shall be issued and enforced in accordance with        22,775       

section 4503.233 of the Revised Code.                              22,776       

      (3)  If, within five years of the offense, the offender has  22,778       

been convicted of or pleaded guilty to two or more violations of   22,779       

division (B)(1) of section 4507.02 of the Revised Code or a        22,780       

municipal ordinance that is substantially equivalent to that       22,781       

division, driving under financial responsibility law suspension    22,782       

or revocation is a misdemeanor of the first degree.                22,783       

      Regardless of whether the vehicle the offender was           22,785       

operating at the time of the offense is registered in the          22,786       

offender's name or in the name of another person, the court, in    22,787       

addition to or independent of any other sentence that it imposes   22,788       

upon the offender and subject to section 4503.235 of the Revised   22,789       

Code, shall order the criminal forfeiture to the state of the      22,790       

vehicle the offender was operating at the time of the offense.     22,791       

The order of criminal forfeiture shall be issued and enforced in   22,792       

accordance with section 4503.234 of the Revised Code.              22,793       

      If title to a motor vehicle that is subject to an order for  22,795       

criminal forfeiture under this section is assigned or transferred  22,796       

and division (C)(2) or (3) of section 4503.234 of the Revised      22,798       

Code applies, in addition to or independent of any other penalty   22,799       

established by law, the court may fine the offender the value of   22,800       

the vehicle as determined by publications of the national auto     22,801       

dealer's association.  The proceeds from any fine imposed under    22,802       

this division shall be distributed in accordance with division     22,803       

(D)(4) of section 4503.234 of the Revised Code.                    22,804       

      (4)  Except as otherwise provided in division (D) of         22,806       

section 4507.162 of the Revised Code, the court, in addition to    22,807       

or independent of all other penalties provided by law, may         22,808       

suspend for a period not to exceed one year the driver's or        22,809       

commercial driver's license or permit or nonresident operating     22,810       

                                                          518    


                                                                 
privilege of an offender who is sentenced under division (C)(1),   22,811       

(2), or (3) of this section.                                       22,812       

      (5)  The court shall not release a vehicle from the          22,814       

immobilization ordered under division (C)(1) or (2) of this        22,815       

section unless the court is presented with current proof of        22,816       

financial responsibility with respect to that vehicle.                          

      (D)  Whoever violates division (A)(1) or (3) of section      22,818       

4507.02 of the Revised Code by operating a motor vehicle when the  22,820       

offender's driver's or commercial driver's license has been        22,821       

expired for no more than six months is guilty of a minor           22,822       

misdemeanor.  Whoever violates division (B) of section 4507.13 or  22,823       

division (C) of section 4507.52 of the Revised Code is guilty of   22,824       

a minor misdemeanor.                                               22,825       

      (E)  Whoever violates section 4507.33 of the Revised Code    22,827       

is guilty of permitting the operation of a vehicle by a person     22,828       

with no legal right to operate a vehicle and shall be punished as  22,829       

provided in division (E)(1) or (2) of this section.                22,830       

      (1)  Except as otherwise provided in division (E)(2) of      22,832       

this section, permitting the operation of a vehicle by a person    22,833       

with no legal right to operate a vehicle is a misdemeanor of the   22,834       

first degree.  In addition to or independent of any other          22,835       

sentence that it imposes upon the offender and subject to section  22,836       

4503.235 of the Revised Code, the court shall order the            22,837       

immobilization for thirty days of the vehicle involved in the      22,838       

offense and the impoundment for thirty days of the identification  22,839       

license plates of that vehicle.  The order for immobilization and  22,840       

impoundment shall be issued and enforced in accordance with        22,841       

section 4503.233 of the Revised Code.                              22,842       

      (2)  If the offender previously has been convicted of or     22,844       

pleaded guilty to one or more violations of section 4507.33 of     22,845       

the Revised Code, permitting the operation of a vehicle by a       22,846       

person with no legal right to operate a vehicle is a misdemeanor   22,847       

of the first degree.  In addition to or independent of any other   22,848       

sentence that it imposes upon the offender and subject to section  22,849       

                                                          519    


                                                                 
4503.235 of the Revised Code, the court shall order the criminal   22,850       

forfeiture to the state of the vehicle involved in the offense.    22,851       

The order of criminal forfeiture shall be issued and enforced in   22,852       

accordance with section 4503.234 of the Revised Code.              22,853       

      If title to a motor vehicle that is subject to an order for  22,855       

criminal forfeiture under this section is assigned or transferred  22,856       

and division (C)(2) or (3) of section 4503.234 of the Revised      22,858       

Code applies, in addition to or independent of any other penalty   22,859       

established by law, the court may fine the offender the value of   22,860       

the vehicle as determined by publications of the national auto     22,861       

dealer's association.  The proceeds from any fine imposed under    22,862       

this division shall be distributed in accordance with division     22,863       

(D)(4) of section 4503.234 of the Revised Code.                    22,865       

      (F)  Whoever violates division (F)(1) or (2) of section      22,868       

4507.05, or division (B) or (D) of section 4507.071 of the         22,870       

Revised Code is guilty of a minor misdemeanor.                     22,872       

      (G)  Whoever violates division (G) of section 4507.21 of     22,875       

the Revised Code shall be fined one hundred dollars.                            

      (H)  Except as provided in divisions (A) to (E) of this      22,877       

section and unless another penalty is provided by the laws of      22,878       

this state, whoever violates any provision of sections 4507.01 to  22,879       

4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a  22,880       

misdemeanor of the first degree.                                   22,881       

      (I)  Whenever a person is found guilty of a violation of     22,883       

section 4507.32 of the Revised Code, the trial judge of any court  22,884       

of record, in addition to or independent of all other penalties    22,885       

provided by law or ordinance, may suspend for any period of time   22,886       

not exceeding three years or revoke the license of any person,     22,887       

partnership, association, or corporation, issued under section     22,888       

4511.763 of the Revised Code.                                      22,889       

      (J)  Whenever a person is found guilty of a violation of a   22,891       

traffic offense specified in Traffic Rule 13(B) that requires the  22,892       

person's appearance in court, the court shall require the person   22,893       

to verify the existence at the time of the offense of proof of     22,895       

                                                          520    


                                                                 
financial responsibility covering the person's operation of the    22,896       

motor vehicle, or the motor vehicle if registered in the person's  22,897       

name, and notify the registrar pursuant to division (D) of         22,898       

section 4509.101 of the Revised Code if the person fails to        22,899       

verify the existence of such proof of financial responsibility.    22,900       

      Sec. 4511.191.  (A)  Any person who operates a vehicle upon  22,909       

a highway or any public or private property used by the public     22,910       

for vehicular travel or parking within this state shall be deemed  22,911       

to have given consent to a chemical test or tests of the person's  22,913       

blood, breath, or urine for the purpose of determining the         22,914       

alcohol, drug, or alcohol and drug content of the person's blood,  22,915       

breath, or urine if arrested for operating a vehicle while under   22,917       

the influence of alcohol, a drug of abuse, or alcohol and a drug   22,918       

of abuse or for operating a vehicle with a prohibited              22,919       

concentration of alcohol in the blood, breath, or urine.  The      22,920       

chemical test or tests shall be administered at the request of a   22,921       

police officer having reasonable grounds to believe the person to  22,922       

have been operating a vehicle upon a highway or any public or      22,923       

private property used by the public for vehicular travel or        22,924       

parking in this state while under the influence of alcohol, a      22,925       

drug of abuse, or alcohol and a drug of abuse or with a            22,926       

prohibited concentration of alcohol in the blood, breath, or       22,927       

urine.  The law enforcement agency by which the officer is         22,928       

employed shall designate which of the tests shall be                            

administered.                                                      22,929       

      (B)  Any person who is dead or unconscious, or who is        22,931       

otherwise in a condition rendering the person incapable of         22,932       

refusal, shall be deemed not to have withdrawn consent as          22,934       

provided by division (A) of this section and the test or tests     22,935       

may be administered, subject to sections 313.12 to 313.16 of the   22,936       

Revised Code.                                                      22,937       

      (C)(1)  Any person under arrest for operating a vehicle      22,939       

while under the influence of alcohol, a drug of abuse, or alcohol  22,940       

and a drug of abuse or for operating a vehicle with a prohibited   22,941       

                                                          521    


                                                                 
concentration of alcohol in the blood, breath, or urine shall be   22,942       

advised at a police station, or at a hospital, first-aid station,  22,943       

or clinic to which the person has been taken for first-aid or      22,944       

medical treatment, of both of the following:                       22,945       

      (a)  The consequences, as specified in division (E) of this  22,947       

section, of the person's refusal to submit upon request to a       22,948       

chemical test designated by the law enforcement agency as          22,950       

provided in division (A) of this section;                          22,951       

      (b)  The consequences, as specified in division (F) of this  22,953       

section, of the person's submission to the designated chemical     22,955       

test if the person is found to have a prohibited concentration of  22,956       

alcohol in the blood, breath, or urine.                            22,957       

      (2)(a)  The advice given pursuant to division (C)(1) of      22,959       

this section shall be in a written form containing the             22,960       

information described in division (C)(2)(b) of this section and    22,961       

shall be read to the person.  The form shall contain a statement   22,962       

that the form was shown to the person under arrest and read to     22,963       

the person in the presence of the arresting officer and either     22,965       

another police officer, a civilian police employee, or an          22,966       

employee of a hospital, first-aid station, or clinic, if any, to   22,967       

which the person has been taken for first-aid or medical           22,968       

treatment.  The witnesses shall certify to this fact by signing    22,969       

the form.                                                                       

      (b)  The form required by division (C)(2)(a) of this         22,971       

section shall read as follows:                                     22,972       

      "You now are under arrest for operating a vehicle while      22,974       

under the influence of alcohol, a drug of abuse, or both alcohol   22,975       

and a drug of abuse and will be requested by a police officer to   22,976       

submit to a chemical test to determine the concentration of        22,977       

alcohol, drugs of abuse, or alcohol and drugs of abuse in your     22,978       

blood, breath, or urine.                                           22,979       

      If you refuse to submit to the requested test or if you      22,981       

submit to the requested test and are found to have a prohibited    22,982       

concentration of alcohol in your blood, breath, or urine, your     22,983       

                                                          522    


                                                                 
driver's or commercial driver's license or permit or nonresident   22,984       

operating privilege immediately will be suspended for the period   22,985       

of time specified by law by the officer, on behalf of the          22,986       

registrar of motor vehicles.  You may appeal this suspension at    22,987       

your initial appearance before the court that hears the charges    22,988       

against you resulting from the arrest, and your initial            22,989       

appearance will be conducted no later than five days after the     22,990       

arrest.  This suspension is independent of the penalties for the   22,991       

offense, and you may be subject to other penalties upon            22,992       

conviction."                                                       22,993       

      (D)(1)  If a person under arrest as described in division    22,995       

(C)(1) of this section is not asked by a police officer to submit  22,996       

to a chemical test designated as provided in division (A) of this  22,997       

section, the arresting officer shall seize the Ohio or             22,998       

out-of-state driver's or commercial driver's license or permit of  22,999       

the person and immediately forward the seized license or permit    23,000       

to the court in which the arrested person is to appear on the      23,001       

charge for which the person was arrested.  If the arrested person  23,002       

does not have the person's driver's or commercial driver's         23,003       

license or permit on the person's self or in the person's          23,004       

vehicle, the arresting officer shall order the arrested person to  23,006       

surrender it to the law enforcement agency that employs the        23,008       

officer within twenty-four hours after the arrest, and, upon the   23,009       

surrender, the officer's employing agency immediately shall                     

forward the license or permit to the court in which the arrested   23,011       

person is to appear on the charge for which the person was         23,012       

arrested.  Upon receipt of the license or permit, the court shall  23,014       

retain it pending the initial appearance of the arrested person    23,015       

and any action taken under section 4511.196 of the Revised Code.   23,016       

      If a person under arrest as described in division (C)(1) of  23,018       

this section is asked by a police officer to submit to a chemical  23,019       

test designated as provided in division (A) of this section and    23,020       

is advised of the consequences of the person's refusal or          23,021       

submission as provided in division (C) of this section and if the  23,022       

                                                          523    


                                                                 
person either refuses to submit to the designated chemical test    23,023       

or the person submits to the designated chemical test and the      23,024       

test results indicate that the person's blood contained a          23,025       

concentration of ten-hundredths of one per cent or more by weight  23,026       

of alcohol, the person's breath contained a concentration of       23,027       

ten-hundredths of one gram or more by weight of alcohol per two    23,028       

hundred ten liters of the person's breath, or the person's urine   23,029       

contained a concentration of fourteen-hundredths of one gram or    23,031       

more by weight of alcohol per one hundred milliliters of the       23,032       

person's urine at the time of the alleged offense, the arresting   23,034       

officer shall do all of the following:                                          

      (a)  On behalf of the registrar, serve a notice of           23,036       

suspension upon the person that advises the person that,           23,037       

independent of any penalties or sanctions imposed upon the person  23,039       

pursuant to any other section of the Revised Code or any other                  

municipal ordinance, the person's driver's or commercial driver's  23,041       

license or permit or nonresident operating privilege is            23,042       

suspended, that the suspension takes effect immediately, that the  23,043       

suspension will last at least until the person's initial           23,044       

appearance on the charge that will be held within five days after  23,046       

the date of the person's arrest or the issuance of a citation to   23,048       

the person, and that the person may appeal the suspension at the   23,050       

initial appearance; seize the Ohio or out-of-state driver's or     23,051       

commercial driver's license or permit of the person; and           23,052       

immediately forward the seized license or permit to the            23,053       

registrar.  If the arrested person does not have the person's                   

driver's or commercial driver's license or permit on the person's  23,054       

self or in the person's vehicle, the arresting officer shall       23,056       

order the person to surrender it to the law enforcement agency     23,057       

that employs the officer within twenty-four hours after the        23,058       

service of the notice of suspension, and, upon the surrender, the  23,059       

officer's employing agency immediately shall forward the license   23,060       

or permit to the registrar.                                        23,061       

      (b)  Verify the current residence of the person and, if it   23,063       

                                                          524    


                                                                 
differs from that on the person's driver's or commercial driver's  23,064       

license or permit, notify the registrar of the change;             23,065       

      (c)  In addition to forwarding the arrested person's         23,067       

driver's or commercial driver's license or permit to the           23,068       

registrar, send to the registrar, within forty-eight hours after   23,069       

the arrest of the person, a sworn report that includes all of the  23,070       

following statements:                                              23,071       

      (i)  That the officer had reasonable grounds to believe      23,073       

that, at the time of the arrest, the arrested person was           23,074       

operating a vehicle upon a highway or public or private property   23,075       

used by the public for vehicular travel or parking within this     23,076       

state while under the influence of alcohol, a drug of abuse, or    23,077       

alcohol and a drug of abuse or with a prohibited concentration of  23,078       

alcohol in the blood, breath, or urine;                            23,079       

      (ii)  That the person was arrested and charged with          23,081       

operating a vehicle while under the influence of alcohol, a drug   23,082       

of abuse, or alcohol and a drug of abuse or with operating a       23,083       

vehicle with a prohibited concentration of alcohol in the blood,   23,084       

breath, or urine;                                                  23,085       

      (iii)  That the officer asked the person to take the         23,087       

designated chemical test, advised the person of the consequences   23,088       

of submitting to the chemical test or refusing to take the         23,089       

chemical test, and gave the person the form described in division  23,090       

(C)(2) of this section;                                            23,091       

      (iv)  That the person refused to submit to the chemical      23,093       

test or that the person submitted to the chemical test and the     23,094       

test results indicate that the person's blood contained a          23,095       

concentration of ten-hundredths of one per cent or more by weight  23,097       

of alcohol, the person's breath contained a concentration of       23,098       

ten-hundredths of one gram or more by weight of alcohol per two    23,099       

hundred ten liters of the person's breath, or the person's urine   23,100       

contained a concentration of fourteen-hundredths of one gram or    23,102       

more by weight of alcohol per one hundred milliliters of the       23,103       

person's urine at the time of the alleged offense;                 23,105       

                                                          525    


                                                                 
      (v)  That the officer served a notice of suspension upon     23,107       

the person as described in division (D)(1)(a) of this section.     23,108       

      (2)  The sworn report of an arresting officer completed      23,110       

under division (D)(1)(c) of this section shall be given by the     23,111       

officer to the arrested person at the time of the arrest or sent   23,112       

to the person by regular first class mail by the registrar as      23,113       

soon thereafter as possible, but no later than fourteen days       23,114       

after receipt of the report.  An arresting officer may give an     23,115       

unsworn report to the arrested person at the time of the arrest    23,116       

provided the report is complete when given to the arrested person  23,117       

and subsequently is sworn to by the arresting officer.  As soon    23,118       

as possible, but no later than forty-eight hours after the arrest  23,119       

of the person, the arresting officer shall send a copy of the      23,120       

sworn report to the court in which the arrested person is to       23,121       

appear on the charge for which the person was arrested.            23,122       

      (3)  The sworn report of an arresting officer completed and  23,124       

sent to the registrar and the court under divisions (D)(1)(c) and  23,125       

(D)(2) of this section is prima-facie proof of the information     23,126       

and statements that it contains and shall be admitted and          23,127       

considered as prima-facie proof of the information and statements  23,128       

that it contains in any appeal under division (H) of this section  23,129       

relative to any suspension of a person's driver's or commercial    23,130       

driver's license or permit or nonresident operating privilege      23,131       

that results from the arrest covered by the report.                23,132       

      (E)(1)  Upon receipt of the sworn report of an arresting     23,134       

officer completed and sent to the registrar and a court pursuant   23,135       

to divisions (D)(1)(c) and (D)(2) of this section in regard to a   23,136       

person who refused to take the designated chemical test, the       23,137       

registrar shall enter into the registrar's records the fact that   23,139       

the person's driver's or commercial driver's license or permit or  23,140       

nonresident operating privilege was suspended by the arresting     23,141       

officer under division (D)(1)(a) of this section and the period    23,142       

of the suspension, as determined under divisions (E)(1)(a) to (d)  23,143       

of this section.  The suspension shall be subject to appeal as     23,144       

                                                          526    


                                                                 
provided in this section and shall be for whichever of the         23,145       

following periods applies:                                         23,146       

      (a)  If the arrested person, within five years of the date   23,148       

on which the person refused the request to consent to the          23,149       

chemical test, had not refused a previous request to consent to a  23,151       

chemical test of the person's blood, breath, or urine to           23,152       

determine its alcohol content, the period of suspension shall be   23,154       

one year.  If the person is a resident without a license or        23,155       

permit to operate a vehicle within this state, the registrar       23,156       

shall deny to the person the issuance of a driver's or commercial  23,157       

driver's license or permit for a period of one year after the      23,158       

date of the alleged violation.                                                  

      (b)  If the arrested person, within five years of the date   23,160       

on which the person refused the request to consent to the          23,161       

chemical test, had refused one previous request to consent to a    23,163       

chemical test of the person's blood, breath, or urine to           23,164       

determine its alcohol content, the period of suspension or denial  23,166       

shall be two years.                                                             

      (c)  If the arrested person, within five years of the date   23,168       

on which the person refused the request to consent to the          23,169       

chemical test, had refused two previous requests to consent to a   23,171       

chemical test of the person's blood, breath, or urine to           23,172       

determine its alcohol content, the period of suspension or denial  23,174       

shall be three years.                                                           

      (d)  If the arrested person, within five years of the date   23,176       

on which the person refused the request to consent to the          23,177       

chemical test, had refused three or more previous requests to      23,179       

consent to a chemical test of the person's blood, breath, or       23,180       

urine to determine its alcohol content, the period of suspension   23,182       

or denial shall be five years.                                     23,183       

      (2)  The suspension or denial imposed under division (E)(1)  23,185       

of this section shall continue for the entire one-year, two-year,  23,186       

three-year, or five-year period, subject to appeal as provided in  23,187       

this section and subject to termination as provided in division    23,188       

                                                          527    


                                                                 
(K) of this section.                                               23,189       

      (F)  Upon receipt of the sworn report of an arresting        23,191       

officer completed and sent to the registrar and a court pursuant   23,192       

to divisions (D)(1)(c) and (D)(2) of this section in regard to a   23,193       

person whose test results indicate that the person's blood         23,194       

contained a concentration of ten-hundredths of one per cent or     23,196       

more by weight of alcohol, the person's breath contained a         23,197       

concentration of ten-hundredths of one gram or more by weight of   23,198       

alcohol per two hundred ten liters of the person's breath, or the  23,200       

person's urine contained a concentration of fourteen-hundredths    23,201       

of one gram or more by weight of alcohol per one hundred           23,202       

milliliters of the person's urine at the time of the alleged       23,203       

offense, the registrar shall enter into the registrar's records    23,204       

the fact that the person's driver's or commercial driver's         23,206       

license or permit or nonresident operating privilege was                        

suspended by the arresting officer under division (D)(1)(a) of     23,207       

this section and the period of the suspension, as determined       23,208       

under divisions (F)(1) to (4) of this section.  The suspension     23,209       

shall be subject to appeal as provided in this section and shall   23,210       

be for whichever of the following periods that applies:            23,211       

      (1)  Except when division (F)(2), (3), or (4) of this        23,213       

section applies and specifies a different period of suspension or  23,214       

denial, the period of the suspension or denial shall be ninety     23,215       

days.                                                                           

      (2)  If the person has been convicted, within six years of   23,217       

the date the test was conducted, of one violation of division (A)  23,220       

or (B) of section 4511.19 of the Revised Code, a municipal         23,221       

ordinance relating to operating a vehicle while under the          23,222       

influence of alcohol, a drug of abuse, or alcohol and a drug of    23,223       

abuse, a municipal ordinance relating to operating a vehicle with  23,224       

a prohibited concentration of alcohol in the blood, breath, or     23,225       

urine, section 2903.04 of the Revised Code in a case in which the  23,226       

offender was subject to the sanctions described in division (D)    23,227       

of that section, or section 2903.06, 2903.07, or 2903.08 of the    23,228       

                                                          528    


                                                                 
Revised Code or a municipal ordinance that is substantially                     

similar to section 2903.07 of the Revised Code in a case in which  23,229       

the jury or judge found that at the time of the commission of the  23,230       

offense the offender was under the influence of alcohol, a drug    23,231       

of abuse, or alcohol and a drug of abuse, or a statute of the      23,232       

United States or of any other state or a municipal ordinance of a  23,233       

municipal corporation located in any other state that is           23,234       

substantially similar to division (A) or (B) of section 4511.19    23,235       

of the Revised Code, the period of the suspension or denial shall  23,236       

be one year.                                                                    

      (3)  If the person has been convicted, within six years of   23,238       

the date the test was conducted, of two violations of a statute    23,239       

or ordinance described in division (F)(2) of this section, the     23,241       

period of the suspension or denial shall be two years.                          

      (4)  If the person has been convicted, within six years of   23,243       

the date the test was conducted, of more than two violations of a  23,244       

statute or ordinance described in division (F)(2) of this          23,245       

section, the period of the suspension or denial shall be three     23,246       

years.                                                             23,247       

      (G)(1)  A suspension of a person's driver's or commercial    23,249       

driver's license or permit or nonresident operating privilege      23,250       

under division (D)(1)(a) of this section for the period of time    23,251       

described in division (E) or (F) of this section is effective      23,252       

immediately from the time at which the arresting officer serves    23,253       

the notice of suspension upon the arrested person.  Any            23,254       

subsequent finding that the person is not guilty of the charge     23,255       

that resulted in the person being requested to take, or in the     23,257       

person taking, the chemical test or tests under division (A) of    23,258       

this section affects the suspension only as described in division  23,259       

(H)(2) of this section.                                            23,260       

      (2)  If a person is arrested for operating a vehicle while   23,262       

under the influence of alcohol, a drug of abuse, or alcohol and a  23,263       

drug of abuse or for operating a vehicle with a prohibited         23,264       

concentration of alcohol in the blood, breath, or urine and        23,265       

                                                          529    


                                                                 
regardless of whether the person's driver's or commercial          23,266       

driver's license or permit or nonresident operating privilege is   23,267       

or is not suspended under division (E) or (F) of this section,     23,268       

the person's initial appearance on the charge resulting from the   23,269       

arrest shall be held within five days of the person's arrest or    23,270       

the issuance of the citation to the person, subject to any         23,271       

continuance granted by the court pursuant to division (H)(1) of    23,273       

this section regarding the issues specified in that division.      23,274       

      (H)(1)  If a person is arrested for operating a vehicle      23,276       

while under the influence of alcohol, a drug of abuse, or alcohol  23,277       

and a drug of abuse or for operating a vehicle with a prohibited   23,278       

concentration of alcohol in the blood, breath, or urine and if     23,279       

the person's driver's or commercial driver's license or permit or  23,280       

nonresident operating privilege is suspended under division (E)    23,281       

or (F) of this section, the person may appeal the suspension at    23,282       

the person's initial appearance on the charge resulting from the   23,285       

arrest in the court in which the person will appear on that        23,286       

charge.  If the person appeals the suspension at the person's      23,287       

initial appearance, the appeal does not stay the operation of the  23,288       

suspension.  Subject to division (H)(2) of this section, no court  23,289       

has jurisdiction to grant a stay of a suspension imposed under     23,290       

division (E) or (F) of this section, and any order issued by any   23,291       

court that purports to grant a stay of any suspension imposed      23,292       

under either of those divisions shall not be given administrative  23,293       

effect.                                                                         

      If the person appeals the suspension at the person's         23,295       

initial appearance, either the person or the registrar may         23,296       

request a continuance of the appeal.  Either the person or the     23,298       

registrar shall make the request for a continuance of the appeal   23,299       

at the same time as the making of the appeal.  If either the       23,300       

person or the registrar requests a continuance of the appeal, the  23,301       

court may grant the continuance.  The court also may continue the  23,302       

appeal on its own motion.  The granting of a continuance applies   23,303       

only to the conduct of the appeal of the suspension and does not   23,304       

                                                          530    


                                                                 
extend the time within which the initial appearance must be        23,305       

conducted, and the court shall proceed with all other aspects of   23,306       

the initial appearance in accordance with its normal procedures.   23,307       

Neither the request for nor the granting of a continuance stays    23,308       

the operation of the suspension that is the subject of the         23,309       

appeal.                                                                         

      If the person appeals the suspension at the person's         23,311       

initial appearance, the scope of the appeal is limited to          23,312       

determining whether one or more of the following conditions have   23,313       

not been met:                                                      23,314       

      (a)  Whether the law enforcement officer had reasonable      23,316       

ground to believe the arrested person was operating a vehicle      23,317       

upon a highway or public or private property used by the public    23,318       

for vehicular travel or parking within this state while under the  23,319       

influence of alcohol, a drug of abuse, or alcohol and a drug of    23,320       

abuse or with a prohibited concentration of alcohol in the blood,  23,321       

breath, or urine and whether the arrested person was in fact       23,322       

placed under arrest;                                               23,323       

      (b)  Whether the law enforcement officer requested the       23,325       

arrested person to submit to the chemical test designated          23,326       

pursuant to division (A) of this section;                          23,327       

      (c)  Whether the arresting officer informed the arrested     23,329       

person of the consequences of refusing to be tested or of          23,330       

submitting to the test;                                            23,331       

      (d)  Whichever of the following is applicable:               23,333       

      (i)  Whether the arrested person refused to submit to the    23,335       

chemical test requested by the officer;                            23,336       

      (ii)  Whether the chemical test results indicate that the    23,338       

arrested person's blood contained a concentration of               23,339       

ten-hundredths of one per cent or more by weight of alcohol, the   23,341       

person's breath contained a concentration of ten-hundredths of     23,343       

one gram or more by weight of alcohol per two hundred ten liters   23,344       

of the person's breath, or the person's urine contained a          23,345       

concentration of fourteen-hundredths of one gram or more by        23,347       

                                                          531    


                                                                 
weight of alcohol per one hundred milliliters of the person's      23,348       

urine at the time of the alleged offense.                                       

      (2)  If the person appeals the suspension at the initial     23,350       

appearance, the judge or referee of the court or the mayor of the  23,351       

mayor's court shall determine whether one or more of the           23,352       

conditions specified in divisions (H)(1)(a) to (d) of this         23,353       

section have not been met.  The person who appeals the suspension  23,354       

has the burden of proving, by a preponderance of the evidence,     23,355       

that one or more of the specified conditions has not been met.     23,356       

If during the appeal at the initial appearance the judge or        23,357       

referee of the court or the mayor of the mayor's court determines  23,358       

that all of those conditions have been met, the judge, referee,    23,359       

or mayor shall uphold the suspension, shall continue the           23,360       

suspension, and shall notify the registrar of the decision on a    23,361       

form approved by the registrar.  Except as otherwise provided in   23,362       

division (H)(2) of this section, if the suspension is upheld or    23,363       

if the person does not appeal the suspension at the person's       23,364       

initial appearance under division (H)(1) of this section, the      23,365       

suspension shall continue until the complaint alleging the         23,366       

violation for which the person was arrested and in relation to     23,367       

which the suspension was imposed is adjudicated on the merits by   23,368       

the judge or referee of the trial court or by the mayor of the     23,369       

mayor's court.  If the suspension was imposed under division (E)   23,370       

of this section and it is continued under this division, any       23,371       

subsequent finding that the person is not guilty of the charge     23,372       

that resulted in the person being requested to take the chemical   23,373       

test or tests under division (A) of this section does not          23,374       

terminate or otherwise affect the suspension.  If the suspension   23,375       

was imposed under division (F) of this section and it is           23,376       

continued under this division, the suspension shall terminate if,  23,377       

for any reason, the person subsequently is found not guilty of     23,378       

the charge that resulted in the person taking the chemical test    23,379       

or tests under division (A) of this section.                       23,380       

      If, during the appeal at the initial appearance, the judge   23,382       

                                                          532    


                                                                 
or referee of the trial court or the mayor of the mayor's court    23,383       

determines that one or more of the conditions specified in         23,384       

divisions (H)(1)(a) to (d) of this section have not been met, the  23,385       

judge, referee, or mayor shall terminate the suspension, subject   23,386       

to the imposition of a new suspension under division (B) of        23,387       

section 4511.196 of the Revised Code; shall notify the registrar   23,388       

of the decision on a form approved by the registrar; and, except   23,389       

as provided in division (B) of section 4511.196 of the Revised     23,391       

Code, shall order the registrar to return the driver's or          23,392       

commercial driver's license or permit to the person or to take     23,393       

such measures as may be necessary, if the license or permit was    23,394       

destroyed under section 4507.55 of the Revised Code, to permit     23,395       

the person to obtain a replacement driver's or commercial          23,396       

driver's license or permit from the registrar or a deputy          23,397       

registrar in accordance with that section.  The court also shall   23,398       

issue to the person a court order, valid for not more than ten     23,399       

days from the date of issuance, granting the person operating      23,400       

privileges for that period of time.                                             

      If the person appeals the suspension at the initial          23,402       

appearance, the registrar shall be represented by the prosecuting  23,403       

attorney of the county in which the arrest occurred if the         23,404       

initial appearance is conducted in a juvenile court or county      23,405       

court, except that if the arrest occurred within a city or         23,406       

village within the jurisdiction of the county court in which the   23,407       

appeal is conducted, the city director of law or village           23,408       

solicitor of that city or village shall represent the registrar.   23,409       

If the appeal is conducted in a municipal court, the registrar     23,410       

shall be represented as provided in section 1901.34 of the         23,411       

Revised Code.  If the appeal is conducted in a mayor's court, the  23,412       

registrar shall be represented by the city director of law,        23,413       

village solicitor, or other chief legal officer of the municipal   23,414       

corporation that operates that mayor's court.                      23,415       

      (I)(1)  If a person's driver's or commercial driver's        23,417       

license or permit or nonresident operating privilege has been      23,418       

                                                          533    


                                                                 
suspended pursuant to division (E) of this section, and the        23,419       

person, within the preceding seven years, has refused three        23,420       

previous requests to consent to a chemical test of the person's    23,422       

blood, breath, or urine to determine its alcohol content or has                 

been convicted of or pleaded guilty to three or more violations    23,423       

of division (A) or (B) of section 4511.19 of the Revised Code, a   23,424       

municipal ordinance relating to operating a vehicle while under    23,425       

the influence of alcohol, a drug of abuse, or alcohol and a drug   23,426       

of abuse, a municipal ordinance relating to operating a vehicle    23,427       

with a prohibited concentration of alcohol in the blood, breath,   23,428       

or urine, section 2903.04 of the Revised Code in a case in which   23,429       

the person was subject to the sanctions described in division (D)  23,430       

of that section, or section 2903.06, 2903.07, or 2903.08 of the    23,431       

Revised Code or a municipal ordinance that is substantially        23,432       

similar to section 2903.07 of the Revised Code in a case in which  23,433       

the jury or judge found that the person was under the influence    23,434       

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  23,435       

statute of the United States or of any other state or a municipal  23,436       

ordinance of a municipal corporation located in any other state    23,437       

that is substantially similar to division (A) or (B) of section    23,438       

4511.19 of the Revised Code, the person is not entitled to         23,439       

request, and the court shall not grant to the person,              23,440       

occupational driving privileges under this division.  Any other    23,441       

person whose driver's or commercial driver's license or            23,442       

nonresident operating privilege has been suspended pursuant to     23,443       

division (E) of this section may file a petition requesting        23,444       

occupational driving privileges in the common pleas court,                      

municipal court, county court, mayor's court, or, if the person    23,445       

is a minor, juvenile court with jurisdiction over the related      23,447       

criminal or delinquency case.  The petition may be filed at any    23,448       

time subsequent to the date on which the notice of suspension is   23,449       

served upon the arrested person.  The person shall pay the costs   23,450       

of the proceeding, notify the registrar of the filing of the       23,451       

petition, and send the registrar a copy of the petition.           23,452       

                                                          534    


                                                                 
      In the proceedings, the registrar shall be represented by    23,454       

the prosecuting attorney of the county in which the arrest         23,455       

occurred if the petition is filed in the juvenile court, county    23,456       

court, or common pleas court, except that, if the arrest occurred  23,457       

within a city or village within the jurisdiction of the county     23,459       

court in which the petition is filed, the city director of law or  23,460       

village solicitor of that city or village shall represent the      23,461       

registrar.  If the petition is filed in the municipal court, the   23,462       

registrar shall be represented as provided in section 1901.34 of   23,463       

the Revised Code.  If the petition is filed in a mayor's court,    23,464       

the registrar shall be represented by the city director of law,    23,465       

village solicitor, or other chief legal officer of the municipal   23,466       

corporation that operates the mayor's court.                                    

      The court, if it finds reasonable cause to believe that      23,468       

suspension would seriously affect the person's ability to          23,469       

continue in the person's employment, may grant the person          23,470       

occupational driving privileges during the period of suspension    23,472       

imposed pursuant to division (E) of this section, subject to the   23,473       

limitations contained in this division and division (I)(2) of      23,474       

this section.  The court may grant the occupational driving        23,475       

privileges, subject to the limitations contained in this division  23,476       

and division (I)(2) of this section, regardless of whether the     23,477       

person appeals the suspension at the person's initial appearance   23,479       

under division (H)(1) of this section or appeals the decision of   23,480       

the court made pursuant to the appeal conducted at the initial     23,481       

appearance, and, if the person has appealed the suspension or      23,482       

decision, regardless of whether the matter at issue has been       23,483       

heard or decided by the court.  The court shall not grant          23,484       

occupational driving privileges to any person who, within seven    23,485       

years of the filing of the petition, has refused three previous    23,486       

requests to consent to a chemical test of the person's blood,      23,488       

breath, or urine to determine its alcohol content or has been      23,489       

convicted of or pleaded guilty to three or more violations of      23,490       

division (A) or (B) of section 4511.19 of the Revised Code, a      23,491       

                                                          535    


                                                                 
municipal ordinance relating to operating a vehicle while under    23,492       

the influence of alcohol, a drug of abuse, or alcohol and a drug   23,493       

of abuse, a municipal ordinance relating to operating a vehicle    23,494       

with a prohibited concentration of alcohol in the blood, breath,   23,495       

or urine, section 2903.04 of the Revised Code in a case in which   23,496       

the person was subject to the sanctions described in division (D)  23,497       

of that section, or section 2903.06, 2903.07, or 2903.08 of the    23,498       

Revised Code or a municipal ordinance that is substantially        23,499       

similar to section 2903.07 of the Revised Code in a case in which  23,500       

the jury or judge found that the person was under the influence    23,501       

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  23,502       

statute of the United States or of any other state or a municipal  23,503       

ordinance of a municipal corporation located in any other state    23,504       

that is substantially similar to division (A) or (B) of section    23,505       

4511.19 of the Revised Code, and shall not grant occupational      23,506       

driving privileges for employment as a driver of commercial motor  23,507       

vehicles to any person who is disqualified from operating a        23,508       

commercial motor vehicle under section 2301.374 3123.611 or        23,509       

4506.16 of the Revised Code OR WHOSE COMMERCIAL DRIVER'S LICENSE   23,510       

OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT HAS BEEN       23,511       

SUSPENDED UNDER SECTION 3123.58 OF THE REVISED CODE.                            

      (2)(a)  In granting occupational driving privileges under    23,513       

division (I)(1) of this section, the court may impose any          23,514       

condition it considers reasonable and necessary to limit the use   23,515       

of a vehicle by the person.  The court shall deliver to the        23,516       

person a permit card, in a form to be prescribed by the court,     23,517       

setting forth the time, place, and other conditions limiting the   23,518       

defendant's use of a vehicle.  The grant of occupational driving   23,519       

privileges shall be conditioned upon the person's having the       23,520       

permit in the person's possession at all times during which the    23,522       

person is operating a vehicle.                                     23,523       

      A person granted occupational driving privileges who         23,525       

operates a vehicle for other than occupational purposes, in        23,526       

violation of any condition imposed by the court, or without        23,527       

                                                          536    


                                                                 
having the permit in the person's possession, is guilty of a       23,528       

violation of section 4507.02 of the Revised Code.                  23,530       

      (b)  The court may not grant a person occupational driving   23,532       

privileges under division (I)(1) of this section when prohibited   23,533       

by a limitation contained in that division or during any of the    23,534       

following periods of time:                                         23,535       

      (i)  The first thirty days of suspension imposed upon a      23,537       

person who, within five years of the date on which the person      23,538       

refused the request to consent to a chemical test of the person's  23,540       

blood, breath, or urine to determine its alcohol content and for   23,542       

which refusal the suspension was imposed, had not refused a        23,543       

previous request to consent to a chemical test of the person's     23,544       

blood, breath, or urine to determine its alcohol content;          23,546       

      (ii)  The first ninety days of suspension imposed upon a     23,548       

person who, within five years of the date on which the person      23,549       

refused the request to consent to a chemical test of the person's  23,551       

blood, breath, or urine to determine its alcohol content and for   23,553       

which refusal the suspension was imposed, had refused one          23,554       

previous request to consent to a chemical test of the person's     23,555       

blood, breath, or urine to determine its alcohol content;          23,557       

      (iii)  The first year of suspension imposed upon a person    23,559       

who, within five years of the date on which the person refused     23,561       

the request to consent to a chemical test of the person's blood,   23,563       

breath, or urine to determine its alcohol content and for which    23,564       

refusal the suspension was imposed, had refused two previous       23,565       

requests to consent to a chemical test of the person's blood,      23,566       

breath, or urine to determine its alcohol content;                 23,568       

      (iv)  The first three years of suspension imposed upon a     23,570       

person who, within five years of the date on which the person      23,571       

refused the request to consent to a chemical test of the person's  23,573       

blood, breath, or urine to determine its alcohol content and for   23,575       

which refusal the suspension was imposed, had refused three or     23,576       

more previous requests to consent to a chemical test of the        23,577       

person's blood, breath, or urine to determine its alcohol          23,579       

                                                          537    


                                                                 
content.                                                                        

      (3)  The court shall give information in writing of any      23,581       

action taken under this section to the registrar.                  23,582       

      (4)  If a person's driver's or commercial driver's license   23,584       

or permit or nonresident operating privilege has been suspended    23,585       

pursuant to division (F) of this section, and the person, within   23,586       

the preceding seven years, has been convicted of or pleaded        23,587       

guilty to three or more violations of division (A) or (B) of       23,588       

section 4511.19 of the Revised Code, a municipal ordinance         23,589       

relating to operating a vehicle while under the influence of       23,590       

alcohol, a drug of abuse, or alcohol and a drug of abuse, a        23,591       

municipal ordinance relating to operating a vehicle with a         23,592       

prohibited concentration of alcohol in the blood, breath, or       23,593       

urine, section 2903.04 of the Revised Code in a case in which the  23,594       

person was subject to the sanctions described in division (D) of   23,595       

that section, or section 2903.06, 2903.07, or 2903.08 of the       23,596       

Revised Code or a municipal ordinance that is substantially        23,597       

similar to section 2903.07 of the Revised Code in a case in which  23,598       

the jury or judge found that the person was under the influence    23,599       

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  23,600       

statute of the United States or of any other state or a municipal  23,601       

ordinance of a municipal corporation located in any other state    23,603       

that is substantially similar to division (A) or (B) of section    23,604       

4511.19 of the Revised Code, the person is not entitled to         23,605       

request, and the court shall not grant to the person,              23,606       

occupational driving privileges under this division.  Any other    23,607       

person whose driver's or commercial driver's license or            23,608       

nonresident operating privilege has been suspended pursuant to     23,609       

division (F) of this section may file in the court specified in    23,610       

division (I)(1) of this section a petition requesting              23,611       

occupational driving privileges in accordance with section         23,612       

4507.16 of the Revised Code.  The petition may be filed at any     23,613       

time subsequent to the date on which the arresting officer serves  23,614       

the notice of suspension upon the arrested person.  Upon the       23,615       

                                                          538    


                                                                 
making of the request, occupational driving privileges may be                   

granted in accordance with section 4507.16 of the Revised Code.    23,616       

The court may grant the occupational driving privileges, subject   23,617       

to the limitations contained in section 4507.16 of the Revised     23,618       

Code, regardless of whether the person appeals the suspension at   23,619       

the person's initial appearance under division (H)(1) of this      23,621       

section or appeals the decision of the court made pursuant to the  23,622       

appeal conducted at the initial appearance, and, if the person     23,623       

has appealed the suspension or decision, regardless of whether     23,624       

the matter at issue has been heard or decided by the court.        23,625       

      (J)  When it finally has been determined under the           23,627       

procedures of this section that a nonresident's privilege to       23,628       

operate a vehicle within this state has been suspended, the        23,629       

registrar shall give information in writing of the action taken    23,630       

to the motor vehicle administrator of the state of the person's    23,631       

residence and of any state in which the person has a license.      23,632       

      (K)  A suspension of the driver's or commercial driver's     23,634       

license or permit of a resident, a suspension of the operating     23,635       

privilege of a nonresident, or a denial of a driver's or           23,636       

commercial driver's license or permit pursuant to division (E) or  23,638       

(F) of this section shall be terminated by the registrar upon      23,640       

receipt of notice of the person's entering a plea of guilty to,    23,641       

or of the person's conviction of, operating a vehicle while under  23,643       

the influence of alcohol, a drug of abuse, or alcohol and a drug   23,644       

of abuse or with a prohibited concentration of alcohol in the      23,645       

blood, breath, or urine, if the offense for which the plea is                   

entered or that resulted in the conviction arose from the same     23,646       

incident that led to the suspension or denial.                     23,647       

      The registrar shall credit against any judicial suspension   23,649       

of a person's driver's or commercial driver's license or permit    23,650       

or nonresident operating privilege imposed pursuant to division    23,651       

(B) or (E) of section 4507.16 of the Revised Code any time during  23,652       

which the person serves a related suspension imposed pursuant to   23,653       

division (E) or (F) of this section.                               23,654       

                                                          539    


                                                                 
      (L)  At the end of a suspension period under this section,   23,656       

section 4511.196, or division (B) of section 4507.16 of the        23,657       

Revised Code and upon the request of the person whose driver's or  23,658       

commercial driver's license or permit was suspended and who is     23,659       

not otherwise subject to suspension, revocation, or                23,660       

disqualification, the registrar shall return the driver's or       23,661       

commercial driver's license or permit to the person upon the       23,662       

person's compliance with all of the conditions specified in        23,664       

divisions (L)(1) and (2) of this section:                          23,665       

      (1)  A showing by the person that the person has proof of    23,667       

financial responsibility, a policy of liability insurance in       23,669       

effect that meets the minimum standards set forth in section       23,670       

4509.51 of the Revised Code, or proof, to the satisfaction of the  23,671       

registrar, that the person is able to respond in damages in an     23,672       

amount at least equal to the minimum amounts specified in section  23,673       

4509.51 of the Revised Code.                                       23,674       

      (2)  Subject to the limitation contained in division (L)(3)  23,677       

of this section, payment by the person of a license reinstatement  23,678       

fee of four hundred five dollars to the bureau of motor vehicles,  23,681       

which fee shall be deposited in the state treasury and credited    23,682       

as follows:                                                        23,683       

      (a)  One hundred twelve dollars and fifty cents shall be     23,686       

credited to the drivers' treatment and intervention fund, which    23,687       

is hereby established.  The fund shall be used to pay the costs    23,688       

of driver treatment and intervention programs operated pursuant    23,689       

to sections 3793.02 and 3793.10 of the Revised Code.  The          23,690       

director of alcohol and drug addiction services shall determine    23,691       

the share of the fund that is to be allocated to alcohol and drug  23,692       

addiction programs authorized by section 3793.02 of the Revised    23,693       

Code, and the share of the fund that is to be allocated to         23,694       

drivers' intervention programs authorized by section 3793.10 of    23,695       

the Revised Code.                                                               

      (b)  Seventy-five dollars shall be credited to the           23,697       

reparations fund created by section 2743.191 of the Revised Code.  23,699       

                                                          540    


                                                                 
      (c)  Thirty-seven dollars and fifty cents shall be credited  23,702       

to the indigent drivers alcohol treatment fund, which is hereby    23,703       

established.  Except as otherwise provided in division (L)(2)(c)   23,705       

of this section, moneys in the fund shall be distributed by the    23,706       

department of alcohol and drug addiction services to the county    23,707       

indigent drivers alcohol treatment funds, the county juvenile      23,708       

indigent drivers alcohol treatment funds, and the municipal        23,709       

indigent drivers alcohol treatment funds that are required to be   23,710       

established by counties and municipal corporations pursuant to     23,711       

division (N) of this section, and shall be used only to pay the    23,712       

cost of an alcohol and drug addiction treatment program attended   23,713       

by an offender or juvenile traffic offender who is ordered to      23,714       

attend an alcohol and drug addiction treatment program by a        23,715       

county, juvenile, or municipal court judge and who is determined   23,716       

by the county, juvenile, or municipal court judge not to have the  23,717       

means to pay for attendance at the program or to pay the costs                  

specified in division (N)(4) of this section in accordance with    23,718       

that division.  Moneys in the fund that are not distributed to a   23,720       

county indigent drivers alcohol treatment fund, a county juvenile  23,721       

indigent drivers alcohol treatment fund, or a municipal indigent   23,722       

drivers alcohol treatment fund under division (N) of this section  23,723       

because the director of alcohol and drug addiction services does   23,724       

not have the information necessary to identify the county or                    

municipal corporation where the offender or juvenile offender was  23,725       

arrested may be transferred by the director of budget and          23,726       

management to the drivers' treatment and intervention fund,        23,727       

created in division (L)(2)(a) of this section, upon certification  23,728       

of the amount by the director of alcohol and drug addiction        23,729       

services.                                                                       

      (d)  Seventy-five dollars shall be credited to the Ohio      23,731       

rehabilitation services commission established by section 3304.12  23,732       

of the Revised Code, to the services for rehabilitation fund,      23,733       

which is hereby established.  The fund shall be used to match      23,734       

available federal matching funds where appropriate, and for any    23,735       

                                                          541    


                                                                 
other purpose or program of the commission to rehabilitate people  23,736       

with disabilities to help them become employed and independent.    23,737       

      (e)  Seventy-five dollars shall be deposited into the state  23,740       

treasury and credited to the drug abuse resistance education       23,741       

programs fund, which is hereby established, to be used by the      23,742       

attorney general for the purposes specified in division (L)(4) of  23,744       

this section.                                                                   

      (f)  Thirty dollars shall be credited to the state bureau    23,746       

of motor vehicles fund created by section 4501.25 of the Revised   23,747       

Code.                                                                           

      (3)  If a person's driver's or commercial driver's license   23,749       

or permit is suspended under division (E) or (F) of this section,  23,751       

section 4511.196, or division (B) of section 4507.16 of the        23,752       

Revised Code, or any combination of the suspensions described in   23,753       

division (L)(3) of this section, and if the suspensions arise      23,754       

from a single incident or a single set of facts and                             

circumstances, the person is liable for payment of, and shall be   23,755       

required to pay to the bureau, only one reinstatement fee of four  23,756       

hundred five dollars.  The reinstatement fee shall be distributed  23,757       

by the bureau in accordance with division (L)(2) of this section.  23,758       

      (4)  The attorney general shall use amounts in the drug      23,760       

abuse resistance education programs fund to award grants to law    23,761       

enforcement agencies to establish and implement drug abuse         23,762       

resistance education programs in public schools.  Grants awarded   23,763       

to a law enforcement agency under division (L)(2)(e) of this       23,764       

section shall be used by the agency to pay for not more than       23,765       

fifty per cent of the amount of the salaries of law enforcement    23,766       

officers who conduct drug abuse resistance education programs in   23,767       

public schools.  The attorney general shall not use more than six  23,768       

per cent of the amounts the attorney general's office receives     23,770       

under division (L)(2)(e) of this section to pay the costs it       23,771       

incurs in administering the grant program established by division  23,772       

(L)(2)(e) of this section and in providing training and materials  23,773       

relating to drug abuse resistance education programs.              23,774       

                                                          542    


                                                                 
      The attorney general shall report to the governor and the    23,776       

general assembly each fiscal year on the progress made in          23,777       

establishing and implementing drug abuse resistance education      23,778       

programs.  These reports shall include an evaluation of the        23,779       

effectiveness of these programs.                                   23,780       

      (M)  Suspension of a commercial driver's license under       23,782       

division (E) or (F) of this section shall be concurrent with any   23,783       

period of disqualification under section 2301.374 3123.611 or      23,784       

4506.16 of the Revised Code OR PERIOD OF SUSPENSION UNDER SECTION  23,786       

3123.58 OF THE REVISED CODE.  No person who is disqualified for    23,787       

life from holding a commercial driver's license under section      23,788       

4506.16 of the Revised Code shall be issued a driver's license     23,789       

under Chapter 4507. of the Revised Code during the period for      23,790       

which the commercial driver's license was suspended under          23,791       

division (E) or (F) of this section, and no person whose           23,792       

commercial driver's license is suspended under division (E) or     23,793       

(F) of this section shall be issued a driver's license under that  23,794       

chapter during the period of the suspension.                       23,795       

      (N)(1)  Each county shall establish an indigent drivers      23,797       

alcohol treatment fund, each county shall establish a juvenile     23,798       

indigent drivers alcohol treatment fund, and each municipal        23,799       

corporation in which there is a municipal court shall establish    23,800       

an indigent drivers alcohol treatment fund.  All revenue that the  23,801       

general assembly appropriates to the indigent drivers alcohol      23,802       

treatment fund for transfer to a county indigent drivers alcohol   23,803       

treatment fund, a county juvenile indigent drivers alcohol         23,804       

treatment fund, or a municipal indigent drivers alcohol treatment  23,805       

fund, all portions of fees that are paid under division (L) of     23,806       

this section and that are credited under that division to the      23,807       

indigent drivers alcohol treatment fund in the state treasury for  23,808       

a county indigent drivers alcohol treatment fund, a county         23,809       

juvenile indigent drivers alcohol treatment fund, or a municipal   23,810       

indigent drivers alcohol treatment fund, and all portions of       23,811       

fines that are specified for deposit into a county or municipal    23,812       

                                                          543    


                                                                 
indigent drivers alcohol treatment fund by section 4511.193 of     23,813       

the Revised Code shall be deposited into that county indigent      23,814       

drivers alcohol treatment fund, county juvenile indigent drivers   23,815       

alcohol treatment fund, or municipal indigent drivers alcohol      23,816       

treatment fund in accordance with division (N)(2) of this          23,817       

section.  Additionally, all portions of fines that are paid for a  23,818       

violation of section 4511.19 of the Revised Code or division       23,819       

(B)(2) of section 4507.02 of the Revised Code, and that are        23,820       

required under division (A)(1) or (2) of section 4511.99 or        23,821       

division (B)(5) of section 4507.99 of the Revised Code to be       23,822       

deposited into a county indigent drivers alcohol treatment fund    23,823       

or municipal indigent drivers alcohol treatment fund shall be      23,824       

deposited into the appropriate fund in accordance with the         23,825       

applicable division.                                               23,826       

      (2)  That portion of the license reinstatement fee that is   23,828       

paid under division (L) of this section and that is credited       23,829       

under that division to the indigent drivers alcohol treatment      23,830       

fund shall be deposited into a county indigent drivers alcohol     23,831       

treatment fund, a county juvenile indigent drivers alcohol         23,832       

treatment fund, or a municipal indigent drivers alcohol treatment  23,833       

fund as follows:                                                   23,834       

      (a)  If the suspension in question was imposed under this    23,836       

section, that portion of the fee shall be deposited as follows:    23,837       

      (i)  If the fee is paid by a person who was charged in a     23,839       

county court with the violation that resulted in the suspension,   23,840       

the portion shall be deposited into the county indigent drivers    23,841       

alcohol treatment fund under the control of that court;            23,842       

      (ii)  If the fee is paid by a person who was charged in a    23,844       

juvenile court with the violation that resulted in the             23,845       

suspension, the portion shall be deposited into the county         23,846       

juvenile indigent drivers alcohol treatment fund established in    23,847       

the county served by the court;                                    23,848       

      (iii)  If the fee is paid by a person who was charged in a   23,850       

municipal court with the violation that resulted in the            23,851       

                                                          544    


                                                                 
suspension, the portion shall be deposited into the municipal      23,852       

indigent drivers alcohol treatment fund under the control of that  23,853       

court.                                                             23,854       

      (b)  If the suspension in question was imposed under         23,856       

division (B) of section 4507.16 of the Revised Code, that portion  23,857       

of the fee shall be deposited as follows:                          23,858       

      (i)  If the fee is paid by a person whose license or permit  23,860       

was suspended by a county court, the portion shall be deposited    23,861       

into the county indigent drivers alcohol treatment fund under the  23,862       

control of that court;                                             23,863       

      (ii)  If the fee is paid by a person whose license or        23,865       

permit was suspended by a municipal court, the portion shall be    23,866       

deposited into the municipal indigent drivers alcohol treatment    23,867       

fund under the control of that court.                              23,868       

      (3)  Expenditures from a county indigent drivers alcohol     23,870       

treatment fund, a county juvenile indigent drivers alcohol         23,871       

treatment fund, or a municipal indigent drivers alcohol treatment  23,872       

fund shall be made only upon the order of a county, juvenile, or   23,873       

municipal court judge and only for payment of the cost of the      23,874       

attendance at an alcohol and drug addiction treatment program of   23,875       

a person who is convicted of, or found to be a juvenile traffic    23,876       

offender by reason of, a violation of division (A) of section      23,877       

4511.19 of the Revised Code or a substantially similar municipal   23,878       

ordinance, who is ordered by the court to attend the alcohol and   23,879       

drug addiction treatment program, and who is determined by the     23,880       

court to be unable to pay the cost of attendance at the treatment  23,882       

program or for payment of the costs specified in division (N)(4)   23,883       

of this section in accordance with that division.  The alcohol     23,884       

and drug addiction services board or the board of alcohol, drug                 

addiction, and mental health services established pursuant to      23,886       

section 340.02 or 340.021 of the Revised Code and serving the      23,888       

alcohol, drug addiction, and mental health service district in     23,889       

which the court is located shall administer the indigent drivers   23,890       

alcohol treatment program of the court.  When a court orders an    23,891       

                                                          545    


                                                                 
offender or juvenile traffic offender to attend an alcohol and     23,892       

drug addiction treatment program, the board shall determine which  23,893       

program is suitable to meet the needs of the offender or juvenile  23,894       

traffic offender, and when a suitable program is located and       23,895       

space is available at the program, the offender or juvenile        23,896       

traffic offender shall attend the program designated by the        23,897       

board.  A reasonable amount not to exceed five per cent of the     23,898       

amounts credited to and deposited into the county indigent         23,899       

drivers alcohol treatment fund, the county juvenile indigent       23,900       

drivers alcohol treatment fund, or the municipal indigent drivers  23,901       

alcohol treatment fund serving every court whose program is        23,902       

administered by that board shall be paid to the board to cover     23,903       

the costs it incurs in administering those indigent drivers        23,904       

alcohol treatment programs.                                                     

      (4)  If a county, juvenile, or municipal court determines,   23,906       

in consultation with the alcohol and drug addiction services       23,907       

board or the board of alcohol, drug addiction, and mental health   23,908       

services established pursuant to section 340.02 or 340.021 of the  23,909       

Revised Code and serving the alcohol, drug addiction, and mental   23,911       

health district in which the court is located, that the funds in   23,912       

the county indigent drivers alcohol treatment fund, the county                  

juvenile indigent drivers alcohol treatment fund, or the           23,913       

municipal indigent drivers alcohol treatment fund under the        23,914       

control of the court are more than sufficient to satisfy the       23,915       

purpose for which the fund was established, as specified in        23,916       

divisions (N)(1) to (3) of this section, the court may declare a   23,917       

surplus in the fund.  If the court declares a surplus in the       23,918       

fund, the court may expend the amount of the surplus in the fund                

for alcohol and drug abuse assessment and treatment of persons     23,919       

who are charged in the court with committing a criminal offense    23,920       

or with being a delinquent child or juvenile traffic offender and  23,921       

in relation to whom both of the following apply:                   23,922       

      (a)  The court determines that substance abuse was a         23,924       

contributing factor leading to the criminal or delinquent          23,925       

                                                          546    


                                                                 
activity or the juvenile traffic offense with which the person is  23,926       

charged.                                                                        

      (b)  The court determines that the person is unable to pay   23,929       

the cost of the alcohol and drug abuse assessment and treatment                 

for which the surplus money will be used.                          23,930       

      Sec. 4701.28.  On receipt of a notice pursuant to section    23,940       

2301.373 3123.43 of the Revised Code, the accountancy board shall  23,941       

comply with that section SECTIONS 3123.41 TO 3123.50 OF THE        23,943       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        23,944       

3123.63 OF THE REVISED CODE with respect to a certificate or       23,945       

permit issued pursuant to this chapter.                            23,947       

      Sec. 4703.12.  (A)  Each original certificate issued and     23,958       

registered shall authorize the holder to practice architecture as  23,959       

a registered architect throughout this state from the date of      23,960       

issuance until the last day of December of the odd-numbered year   23,961       

next succeeding the date upon which the certificate was issued,    23,963       

unless the certificate has been revoked or suspended for cause as  23,964       

provided in section 4703.15 of the Revised Code.  Every holder of  23,965       

such certificate or its renewal shall secure a seal of the design  23,966       

prescribed by the rules of the state board of examiners of         23,967       

architects.  All working drawings and specifications prepared by   23,968       

or under the supervision of the holder shall be imprinted with     23,969       

this seal.  No person shall seal any document unless the person    23,970       

is the holder of a certificate currently in good standing.         23,971       

      (B)  Each certificate of authorization issued under          23,973       

division (L) of section 4703.18 of the Revised Code shall          23,974       

authorize the holder to provide architectural services, through    23,975       

the architect designated as being in responsible charge of the     23,976       

architectural practice, from the date of issuance until the last   23,977       

day of June next succeeding the date upon which the certificate    23,978       

was issued, unless the certificate has been revoked or suspended   23,979       

for cause as provided in section 4703.15 of the Revised Code or    23,980       

has been suspended pursuant to section 2301.373 3123.47 of the     23,981       

Revised Code.                                                      23,982       

                                                          547    


                                                                 
      Sec. 4703.16.  (A)  The state board of examiners of          23,991       

architects shall establish the application fee for obtaining       23,992       

registration under section 4703.07 and the fee for obtaining       23,993       

registration under section 4703.08 of the Revised Code.            23,994       

      (B)  The fee to restore a certificate of qualification is    23,996       

the renewal fee for the current certification period, plus the     23,998       

renewal fee for each two-year period in which the certificate was  23,999       

not renewed, plus a penalty of ten per cent of the total renewal   24,001       

fees for each two-year period or part thereof in which the         24,002       

certificate was not renewed, provided that the maximum fee shall   24,003       

not exceed the amount established by the board.                    24,004       

      (C)  The board also shall establish the following fees:      24,006       

      (1)  The fee for an original and duplicate certificate of    24,008       

qualification to practice architecture and the biennial renewal    24,010       

of the certificate;                                                             

      (2)  The fee for a duplicate renewal card;                   24,012       

      (3)  The fee to restore a certificate of qualification or    24,014       

certificate of authorization revoked under section 4703.15 of the  24,015       

Revised Code or suspended under section 2301.373 3123.47 of the    24,017       

Revised Code;                                                      24,018       

      (4)  The fee for an original and duplicate certificate of    24,020       

authorization issued under division (L) of section 4703.18 of the  24,021       

Revised Code and the annual renewal of the certificate.            24,022       

      Sec. 4703.36.  (A)  The state board of landscape architect   24,031       

examiners shall register as a landscape architect each applicant   24,032       

who demonstrates to the satisfaction of the board that the         24,033       

applicant has met all requirements of section 4703.34 of the       24,034       

Revised Code, or in lieu thereof, has complied with the            24,035       

provisions of section 4703.341 or 4703.35 of the Revised Code.     24,036       

The certificate issued to each individual shall be prima-facie     24,037       

evidence of the right of the individual to whom it is issued to    24,038       

represent himself or herself SELF as a landscape architect and to  24,040       

enter the practice of landscape architecture, subject to sections  24,041       

4703.30 to 4703.49 of the Revised Code.                            24,042       

                                                          548    


                                                                 
      (B)  Each certificate of qualification issued and            24,044       

registered shall authorize the holder to practice landscape        24,045       

architecture as a landscape architect in this state from the date  24,046       

of issuance until the last day of October next succeeding the      24,047       

date upon which the certificate was issued, unless revoked or      24,048       

suspended for cause as provided in section 4703.42 of the Revised  24,049       

Code or suspended pursuant to section 2301.373 3123.47 of the      24,050       

Revised Code.                                                      24,051       

      (C)  Each person registered by the board shall secure a      24,053       

seal of the design prescribed by the board.  All plans,            24,054       

specifications, drawings, and other documents prepared by, or      24,055       

under the direct supervision of, the landscape architect shall be  24,056       

imprinted with such seal, in accordance with the requirements of   24,057       

the board.                                                         24,058       

      (D)  Each certificate of authorization issued under          24,060       

division (F) of section 4703.331 of the Revised Code shall         24,061       

authorize the holder to provide landscape architectural services,  24,062       

through the landscape architect designated as being in             24,063       

responsible charge of the landscape architectural activities and   24,064       

decisions, from the date of issuance until the last day of June    24,065       

next succeeding the date upon which the certificate was issued     24,066       

unless the certificate has been suspended or revoked for cause as  24,067       

provided in section 4703.42 of the Revised Code.                   24,068       

      Sec. 4703.52.  On receipt of a notice pursuant to section    24,077       

2301.373 3123.43 of the Revised Code, the state board of           24,078       

examiners of architects and the state board of landscape           24,080       

architects examiners shall comply with that section SECTIONS       24,082       

3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES                 

ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE with respect to  24,084       

a certificate issued pursuant to this chapter.                                  

      Sec. 4705.021.  (A)  As used in this section:                24,093       

      (1)  "Disciplinary counsel" means the disciplinary counsel   24,095       

appointed by the board of commissioners on grievances and          24,096       

discipline of the supreme court under the Rules for the            24,097       

                                                          549    


                                                                 
Government of the Bar of Ohio.                                     24,098       

      (2)  "Certified grievance committee" means a duly            24,100       

constituted and organized committee of the Ohio state bar          24,101       

association or of one or more local bar associations of the state  24,102       

that complies with the criteria set forth in rule V, section 3 of  24,104       

the Rules for the Government of the Bar of Ohio.                   24,105       

      (3)  "Child support order" has the same meaning as in        24,107       

section 2301.373 3119.01 of the Revised Code.                      24,108       

      (B)  If an individual who has been admitted to the bar by    24,110       

order of the supreme court in compliance with its published rules  24,111       

is determined pursuant to division (B) of section 3113.21          24,113       

SECTIONS 3123.02 TO 3123.071 of the Revised Code by a court or     24,114       

child support enforcement agency to be in default under a support  24,115       

order being administered or handled by a child support             24,116       

enforcement agency, that agency may send a notice listing the      24,117       

name and social security number or other identification number of  24,118       

the individual and a certified copy of the court or agency         24,119       

determination that the individual is in default to the secretary   24,120       

of the board of commissioners on grievances and discipline of the  24,121       

supreme court and to either the disciplinary counsel or the        24,122       

president, secretary, and chairman CHAIRPERSON of each certified   24,124       

grievance committee.                                                            

      Sec. 4707.23.  On receipt of a notice pursuant to section    24,134       

2301.373 3123.43 of the Revised Code, the department of commerce   24,136       

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  24,138       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        24,139       

3123.63 OF THE REVISED CODE with respect to a license issued       24,140       

pursuant to this chapter.                                                       

      Sec. 4709.26.  On receipt of a notice pursuant to section    24,150       

2301.373 3123.43 of the Revised Code, the barber board shall       24,151       

comply with that section SECTIONS 3123.41 TO 3123.50 OF THE        24,153       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        24,154       

3123.63 OF THE REVISED CODE with respect to a license or           24,155       

certificate issued pursuant to this chapter.                       24,156       

                                                          550    


                                                                 
      Sec. 4713.27.  On receipt of a notice pursuant to section    24,165       

2301.373 3123.43 of the Revised Code, the board of cosmetology     24,166       

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  24,168       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        24,169       

3123.63 OF THE REVISED CODE with respect to a license issued       24,170       

pursuant to this chapter.                                                       

      Sec. 4715.40.  On receipt of a notice pursuant to section    24,180       

2301.373 3123.43 of the Revised Code, the state dental board       24,181       

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  24,183       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        24,184       

3123.63 OF THE REVISED CODE with respect to a license issued       24,185       

pursuant to this chapter.                                                       

      Sec. 4717.16.  On receipt of a notice pursuant to section    24,195       

2301.373 3123.43 of the Revised Code, the board of embalmers and   24,196       

funeral directors shall comply with that section SECTIONS 3123.41  24,198       

TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                 

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        24,200       

license issued pursuant to this chapter.                           24,201       

      Sec. 4723.07.  In accordance with Chapter 119. of the        24,210       

Revised Code, the board of nursing shall adopt and may amend and   24,211       

rescind rules:                                                     24,212       

      (A)  Providing for its government and control of its         24,214       

actions and business affairs;                                      24,215       

      (B)  Establishing minimum curricula and standards for        24,217       

nursing education programs that prepare graduates to take          24,218       

licensing examinations, and establishing procedures for granting,  24,219       

renewing, and withdrawing approval of those programs;              24,221       

      (C)  Establishing requirements that applicants for           24,223       

licensure must meet to be permitted to take licensing              24,224       

examinations;                                                      24,225       

      (D)  Governing the administration and conduct of             24,227       

examinations for licensure to practice nursing as a registered     24,228       

nurse or as a licensed practical nurse;                            24,229       

      (E)  Establishing standards for approval of continuing       24,231       

                                                          551    


                                                                 
nursing education programs and courses for registered nurses,      24,232       

licensed practical nurses, certified registered nurse              24,233       

anesthetists, clinical nurse specialists, certified                24,234       

nurse-midwives, and certified nurse practitioners.  The standards  24,235       

may provide for approval of continuing nursing education programs  24,236       

and courses that have been approved by other state boards of       24,237       

nursing or by national accreditation systems for nursing,          24,238       

including, but not limited to, the American nurses' credentialing  24,239       

center and the national association for practical nurse education  24,240       

and service.                                                                    

      (F)  Establishing standards that persons must meet to be     24,242       

authorized by the board to approve continuing nursing education    24,243       

programs and courses and a schedule to have that authorization     24,244       

renewed;                                                                        

      (G)  Establishing requirements, including continuing         24,246       

education requirements, for restoring inactive licenses and        24,247       

licenses that have lapsed through failure to renew;                24,248       

      (H)  Governing conditions that may be imposed for            24,250       

reinstatement following action taken under sections 2301.373       24,252       

3123.47, 4723.28, and 4723.281 of the Revised Code resulting in a  24,253       

suspension from practice;                                          24,255       

      (I)  Establishing standards for approval of peer support     24,257       

programs for nurses;                                               24,258       

      (J)  Establishing requirements for board approval of         24,261       

courses in medication administration by licensed practical         24,262       

nurses;                                                                         

      (K)  Establishing criteria for specialty certification of    24,264       

registered nurses;                                                 24,265       

      (L)  Establishing criteria for evaluating the                24,267       

qualifications of an applicant who is applying for a license by    24,269       

endorsement to practice nursing as a registered nurse or licensed               

practical nurse or for a certificate of authority issued under     24,270       

division (E) of section 4723.41 of the Revised Code;               24,271       

      (M)  Establishing universal blood and body fluid             24,273       

                                                          552    


                                                                 
precautions that shall be used by each person licensed under this  24,274       

chapter who performs exposure-prone invasive procedures.  The      24,275       

rules shall define and establish requirements for universal blood  24,276       

and body fluid precautions that include the following:             24,277       

      (1)  Appropriate use of hand washing;                        24,279       

      (2)  Disinfection and sterilization of equipment;            24,281       

      (3)  Handling and disposal of needles and other sharp        24,283       

instruments;                                                       24,284       

      (4)  Wearing and disposal of gloves and other protective     24,286       

garments and devices.                                              24,287       

      (N)  Establishing standards and procedures for approving     24,290       

certificates of authority to practice nursing as a certified                    

registered nurse anesthetist, clinical nurse specialist,           24,291       

certified nurse-midwife, or certified nurse practitioner, and for  24,292       

renewal of those certificates;                                     24,293       

      (O)  Establishing quality assurance standards for certified  24,296       

registered nurse anesthetists, clinical nurse specialists,         24,297       

certified nurse-midwives, or certified nurse practitioners;                     

      (P)  Establishing additional criteria for the standard care  24,300       

arrangement required by section 4723.431 of the Revised Code       24,301       

entered into by a clinical nurse specialist, certified             24,302       

nurse-midwife, or certified nurse practitioner and the nurse's     24,303       

collaborating physician or podiatrist;                             24,304       

      (Q)  Establishing continuing education standards for         24,307       

clinical nurse specialists who are exempt under division (C) of    24,308       

section 4723.41 of the Revised Code from the requirement of        24,310       

having passed a certification examination.                                      

      Subject to Chapter 119. of the Revised Code, the board may   24,312       

adopt other rules necessary to carry out the provisions of this    24,313       

chapter.                                                           24,314       

      Sec. 4723.09.  (A)  An application for licensure by          24,323       

examination to practice as a registered nurse or as a licensed     24,324       

practical nurse shall be submitted to the board of nursing in the  24,325       

form prescribed by rules of the board.  The application shall      24,326       

                                                          553    


                                                                 
include evidence that the applicant has completed requirements of  24,327       

a nursing education program approved by the board or approved by   24,328       

another jurisdiction's board that regulates nurse licensure.  The  24,329       

application also shall include any other information required by   24,330       

rules of the board.  The application shall be accompanied by the   24,331       

application fee required by section 4723.08 of the Revised Code.   24,332       

If the board determines that the applicant meets the requirements  24,333       

to take the examination, it shall admit the applicant to the       24,334       

examination.                                                       24,335       

      The board shall grant a license to practice nursing as a     24,337       

registered nurse or as a licensed practical nurse if the           24,338       

applicant passes the examination and the board determines that     24,339       

the applicant has not committed any act that is grounds for        24,340       

disciplinary action under section 2301.373 3123.47 or 4723.28 of   24,342       

the Revised Code, or determines that an applicant who has          24,343       

committed such acts has made restitution or has been               24,344       

rehabilitated, or both.  The board is not required to afford a     24,345       

hearing to an individual to whom it has refused to grant a         24,347       

license because of that individual's failure to pass the           24,348       

examination.                                                       24,349       

      (B)  An application for license by endorsement to practice   24,351       

nursing as a registered nurse or as a licensed practical nurse     24,352       

shall be submitted to the board in the form prescribed by rules    24,353       

of the board and shall be accompanied by the application fee       24,354       

required by section 4723.08 of the Revised Code.  The application  24,355       

shall include evidence that the applicant holds a license in good  24,356       

standing in another jurisdiction granted after passing an          24,357       

examination approved by the board of that jurisdiction that is     24,358       

equivalent to the examination requirements under this chapter for  24,359       

a license to practice nursing as a registered nurse or licensed    24,360       

practical nurse, and shall include other information required by   24,362       

rules of the board of nursing.  The board shall grant a license    24,363       

by endorsement if the applicant is licensed or certified by        24,364       

another jurisdiction and the board determines, pursuant to rules   24,365       

                                                          554    


                                                                 
established under section 4723.07 of the Revised Code, that all    24,366       

of the following apply:                                                         

      (1)  The educational preparation of the applicant is         24,368       

substantially similar to the minimum curricula and standards for   24,369       

nursing education programs established by the board under section  24,370       

4723.07 of the Revised Code;                                                    

      (2)  The examination, at the time it is successfully         24,372       

completed, is equivalent to the examination requirements in        24,373       

effect at that time for applicants who successfully completed the  24,374       

examination in this state;                                                      

      (3)  The applicant has not committed any act that is         24,376       

grounds for disciplinary action under section 2301.373 3123.47,    24,377       

4723.28, or 4723.281 of the Revised Code, or determines that an    24,379       

applicant who has committed such acts has made restitution or has  24,380       

been rehabilitated, or both.                                                    

      The board may grant a nonrenewable temporary permit to       24,382       

practice nursing as a registered nurse or as a licensed practical  24,383       

nurse to an applicant for license by endorsement if the board is   24,384       

satisfied by the evidence that the applicant holds a current,      24,385       

active license in good standing in another jurisdiction.  The      24,387       

temporary permit shall expire at the earlier of one hundred        24,388       

twenty days after issuance or upon the issuance of a license by    24,389       

endorsement.                                                                    

      Sec. 4723.341.  As used in this section, "person" has the    24,398       

same meaning as in section 1.59 of the Revised Code and also       24,399       

includes the board of nursing and its members and employees;       24,400       

health care facilities, associations, and societies; insurers;     24,401       

and individuals.                                                   24,402       

      In the absence of fraud or bad faith, no person reporting    24,404       

to the board of nursing or testifying in an adjudication hearing   24,405       

conducted under Chapter 119. of the Revised Code with regard to    24,406       

alleged incidents of negligence or malpractice, matters subject    24,407       

to SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY         24,409       

APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED      24,410       

                                                          555    


                                                                 
CODE OR section 2301.373 or 4723.28 of the Revised Code,           24,411       

violations of section 4723.34 of the Revised Code, or the          24,413       

qualifications, fitness, or character of a person licensed or      24,414       

applying for a license to practice nursing as a registered nurse   24,415       

or licensed practical nurse shall be subject to any civil action   24,416       

or liable for damages as a result of making the report or          24,417       

testifying.                                                                     

      In the absence of fraud or bad faith, no professional        24,419       

association of individuals who are licensed under this chapter     24,420       

that sponsors a committee or program to provide peer assistance    24,421       

to nurses with substance abuse problems, no representative or      24,422       

agent of such a committee or program, and no member of the board   24,423       

of nursing shall be liable to any person for damages in a civil    24,424       

action by reason of actions taken to refer a nurse to a treatment  24,425       

provider designated by the board or actions or omissions of the    24,426       

provider in treating a nurse.                                      24,427       

      Sec. 4723.63.  On receipt of a notice pursuant to section    24,436       

2301.373 3123.43 of the Revised Code, the board of nursing shall   24,438       

comply with that section SECTIONS 3123.41 TO 3123.50 OF THE        24,439       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        24,440       

3123.63 OF THE REVISED CODE with respect to a license issued       24,441       

pursuant to this chapter.                                          24,442       

      Sec. 4725.20.  On receipt of a notice pursuant to section    24,452       

2301.373 3123.43 of the Revised Code, the state board of           24,453       

optometry shall comply with that section SECTIONS 3123.41 TO       24,456       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        24,458       

license or certificate issued by the board under this chapter.     24,460       

      Sec. 4725.531.  On receipt of a notice pursuant to section   24,469       

2301.373 3123.43 of the Revised Code, the Ohio optical dispensers  24,471       

board shall comply with that section SECTIONS 3123.41 TO 3123.50   24,474       

OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER                      

SECTION 3123.63 OF THE REVISED CODE with respect to a license      24,476       

issued by the board pursuant to this chapter.                      24,477       

                                                          556    


                                                                 
      Sec. 4727.031.  On receipt of a notice pursuant to section   24,486       

2301.373 3123.43 of the Revised Code, the division of consumer     24,487       

finance shall comply with that section SECTIONS 3123.41 TO         24,490       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        24,492       

license issued pursuant to this chapter.                                        

      Sec. 4728.031.  On receipt of a notice pursuant to section   24,501       

2301.373 3123.43 of the Revised Code, the division of consumer     24,502       

finance shall comply with that section SECTIONS 3123.41 TO         24,505       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        24,507       

license issued pursuant to this chapter.                                        

      Sec. 4729.67.  On receipt of a notice pursuant to section    24,517       

2301.373 3123.43 of the Revised Code, the state board of pharmacy  24,518       

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  24,520       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        24,521       

3123.63 OF THE REVISED CODE with respect to a license,             24,522       

identification card, or certificate of registration issued         24,523       

pursuant to this chapter.                                          24,524       

      Sec. 4730.251.  On receipt of a notice pursuant to section   24,534       

2301.373 3123.43 of the Revised Code, the state medical board      24,536       

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  24,538       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        24,539       

3123.63 OF THE REVISED CODE with respect to a certificate issued   24,540       

pursuant to this chapter.                                          24,541       

      Sec. 4731.76.  On receipt of a notice pursuant to section    24,551       

2301.373 3123.43 of the Revised Code, the state medical board      24,552       

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  24,554       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        24,555       

3123.63 OF THE REVISED CODE with respect to a certificate issued   24,557       

pursuant to this chapter.                                                       

      Sec. 4732.27.  On receipt of a notice pursuant to section    24,567       

2301.373 3123.43 of the Revised Code, the state board of           24,568       

psychology shall comply with that section SECTIONS 3123.41 TO      24,571       

                                                          557    


                                                                 
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        24,573       

license issued pursuant to this chapter.                                        

      Sec. 4733.15.  (A)  Certificates of registration expire on   24,582       

the last day of December following their issuance or renewal and   24,583       

become invalid on that date unless renewed pursuant to this        24,584       

section and the standard renewal procedure of sections 4745.01 to  24,585       

4745.03 of the Revised Code.  Renewal may be effected at any time  24,586       

prior to the date of expiration for a period of one year by the    24,587       

applicant's paying to the treasurer of state a fee of sixteen      24,588       

dollars for a renewal of a certificate of registration as either   24,589       

a professional engineer or professional surveyor, and twenty-one   24,590       

dollars for the renewal of the certificates of an individual who   24,591       

is registered as both a professional engineer and professional     24,592       

surveyor.  The failure on the part of any registrant to renew a    24,593       

certificate prior to expiration when notified as required in this  24,594       

section, shall not deprive such person of the right of renewal     24,595       

within the following twelve months, but the fee to be paid for     24,596       

the renewal of a certificate after expiration shall be increased   24,597       

fifty per cent.  The state board of registration for professional  24,598       

engineers and surveyors may waive the payment of the renewal fees  24,599       

of a registrant during the period when the registrant is on        24,600       

active duty in connection with any branch of the armed forces of   24,601       

the United States.                                                              

      (B)  Each certificate of authorization issued pursuant to    24,603       

section 4733.16 of the Revised Code shall authorize the holder to  24,604       

provide engineering and surveying services, through the            24,605       

registered professional engineer or professional surveyor          24,606       

designated as being in responsible charge of the engineering and   24,607       

surveying practice, from the date of issuance until the last day   24,608       

of June next succeeding the date upon which the certificate was    24,609       

issued, unless the certificate has been revoked or suspended for   24,610       

cause as provided in section 4733.20 of the Revised Code or has    24,611       

been suspended pursuant to section 2301.373 3123.47 of the         24,612       

                                                          558    


                                                                 
Revised Code.                                                      24,613       

      (C)  If a certificate is not renewed within one year from    24,615       

the date of expiration, its renewal may be effected under rules    24,616       

promulgated by the board regarding requirements for reexamination  24,617       

or reapplication, and reinstatement penalty fees.                  24,618       

      Sec. 4733.27.  On receipt of a notice pursuant to section    24,628       

2301.373 3123.43 of the Revised Code, the state board of           24,629       

registration for engineers and surveyors shall comply with that    24,630       

section SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY    24,631       

APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED      24,632       

CODE with respect to a certificate issued pursuant to this         24,635       

chapter.                                                                        

      Sec. 4734.22.  On receipt of a notice pursuant to section    24,644       

2301.373 3123.43 of the Revised Code, the chiropractic examining   24,646       

board shall comply with that section SECTIONS 3123.41 TO 3123.50   24,648       

OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER                      

SECTION 3123.63 OF THE REVISED CODE with respect to a license      24,650       

issued pursuant to this chapter.                                                

      Sec. 4735.05.  (A)  The Ohio real estate commission is a     24,659       

part of the department of commerce for administrative purposes.    24,660       

The director of commerce is ex officio the executive officer of    24,661       

the commission, or the director may designate any employee of the  24,662       

department as superintendent of real estate and professional       24,663       

licensing to act as executive officer of the commission.           24,664       

      The commission and the real estate appraiser board created   24,666       

pursuant to section 4763.02 of the Revised Code shall each submit  24,667       

to the director a list of three persons whom the commission and    24,668       

the board consider qualified to be superintendent within sixty     24,669       

days after the office of superintendent becomes vacant.  The       24,670       

director shall appoint a superintendent from the lists submitted   24,671       

by the commission and the board, and the superintendent shall      24,672       

serve at the pleasure of the director.                             24,673       

      (B)  The superintendent, except as otherwise provided,       24,675       

shall do all of the following in regard to this chapter:           24,676       

                                                          559    


                                                                 
      (1)  Administer this chapter;                                24,678       

      (2)  Issue all orders necessary to implement this chapter;   24,680       

      (3)  Investigate complaints concerning the violation of      24,682       

this chapter or the conduct of any licensee;                       24,683       

      (4)  Establish and maintain an investigation and audit       24,685       

section to investigate complaints and conduct inspections,         24,686       

audits, and other inquiries as in the judgment of the              24,687       

superintendent are appropriate to enforce this chapter.  The       24,688       

investigators or auditors have the right to review and audit the   24,689       

business records of licensees during normal business hours.        24,690       

      (5)  Appoint a hearing examiner for any proceeding           24,692       

involving license suspension or revocation under section 2301.373  24,694       

3123.47 of the Revised Code or proceedings brought under section   24,695       

4735.18 of the Revised Code;                                                    

      (6)  Administer the real estate recovery fund.               24,697       

      (C)  The superintendent may do all of the following:         24,699       

      (1)  In connection with investigations and audits under      24,701       

division (B) of this section, subpoena witnesses as provided in    24,702       

section 4735.04 of the Revised Code;                               24,703       

      (2)  Apply to the appropriate court to enjoin any violation  24,705       

of this chapter.  Upon a showing by the superintendent that any    24,706       

person has violated or is about to violate any provision of this   24,707       

chapter, the court shall grant an injunction, restraining order,   24,708       

or other appropriate order.                                        24,709       

      (3)  Upon the death of a licensed broker or the revocation   24,711       

or suspension of the broker's license, if there is no other        24,712       

licensed broker within the business entity of the broker, appoint  24,713       

upon application by any interested party, or, in the case of a     24,714       

deceased broker, subject to the approval by the appropriate        24,715       

probate court, recommend the appointment of, an ancillary trustee  24,716       

who is qualified as determined by the superintendent to conclude   24,717       

the business transactions of the deceased, revoked, or suspended   24,718       

broker.                                                            24,719       

      (D)  All information that is obtained by investigators and   24,721       

                                                          560    


                                                                 
auditors performing investigations or conducting inspections,      24,722       

audits, and other inquiries pursuant to division (B)(4) of this    24,723       

section, from licensees, complainants, or other persons, and all   24,724       

reports, documents, and other work products that arise from that   24,725       

information and that are prepared by the investigators, auditors,  24,726       

or other personnel of the department, shall be held in confidence  24,727       

by the superintendent, the investigators and auditors, and other   24,728       

personnel of the department.                                       24,729       

      Sec. 4735.33.  On receipt of a notice pursuant to section    24,738       

2301.373 3123.43 of the Revised Code, the superintendent of real   24,740       

estate shall comply with that section SECTIONS 3123.41 TO 3123.50  24,742       

OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER                      

SECTION 3123.63 OF THE REVISED CODE with respect to a license      24,744       

issued pursuant to this chapter.                                                

      Sec. 4736.17.  On receipt of a notice pursuant to section    24,753       

2301.373 3123.43 of the Revised Code, the state board of           24,754       

sanitarian registration shall comply with that section SECTIONS    24,757       

3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES                 

ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE with respect to  24,759       

a certificate issued pursuant to this chapter.                     24,760       

      Sec. 4738.072.  On receipt of a notice pursuant to section   24,769       

2301.373 3123.43 of the Revised Code, the motor vehicle salvage    24,771       

dealer's licensing board shall comply with that section SECTIONS   24,775       

3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES                 

ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE with respect to  24,777       

a license issued pursuant to this chapter.                                      

      Sec. 4739.07.  Upon application, the person to whom a        24,786       

license is issued under sections 4739.01 to 4739.10 of the         24,787       

Revised Code, shall be entitled to a renewal thereof annually,     24,788       

unless an examiner of steam engineers, for a cause named in        24,790       

section 4739.06 of the Revised Code and upon notice and hearing,                

or pursuant to section 2301.373 3123.47 of the Revised Code,       24,791       

refuses such renewal.                                              24,793       

      Sec. 4739.16.  On receipt of a notice pursuant to section    24,802       

                                                          561    


                                                                 
2301.373 3123.43 of the Revised Code, the division of examiners    24,804       

of steam engineers shall comply with that section SECTIONS         24,807       

3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES                 

ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE with respect to  24,809       

a license issued pursuant to this chapter.                         24,810       

      Sec. 4740.101.  On receipt of a notice pursuant to section   24,819       

2301.373 3123.43 of the Revised Code, the construction industry    24,821       

examining board shall comply with that section SECTIONS 3123.41    24,824       

TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                 

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        24,826       

certificate issued pursuant to this chapter.                       24,827       

      Sec. 4741.02.  There shall be a state veterinary medical     24,836       

licensing board consisting of seven members, who have been legal   24,837       

residents of this state for not less than five years, appointed    24,838       

by the governor with the advice and consent of the senate, as      24,839       

follows:  five members who have been licensed to practice          24,840       

veterinary medicine in this state for not less than five           24,841       

consecutive years prior to their appointment; one member who is a  24,842       

registered veterinary technician registered pursuant to this       24,843       

chapter for not less than five consecutive years prior to          24,844       

appointment; and one member who is a representative of the         24,845       

public.  Terms of office are for five years, commencing on the     24,846       

first day of January and ending on the thirty-first day of         24,847       

December, except that the initial terms of office of the           24,848       

registered veterinary technician and the public member commence    24,849       

on January 1, 1992, with the registered veterinary technician's    24,850       

initial term of office ending on December 31, 1994, and the        24,851       

public member's initial term of office ending on December 31,      24,852       

1996.  Each member shall hold office from the date of the          24,853       

member's appointment until the end of the term for which the       24,854       

member was appointed.  Any member appointed to fill a vacancy      24,855       

occurring prior to the expiration of the term for which the        24,856       

predecessor was appointed shall hold office for the remainder of   24,857       

such term.  Any member shall continue in office subsequent to the  24,858       

                                                          562    


                                                                 
expiration date of the member's term until a successor takes       24,859       

office, or until a period of sixty days has elapsed, whichever     24,860       

occurs first.  No person who has been appointed a member of the    24,861       

board shall be appointed to serve a second term unless a period    24,862       

of five years has elapsed since the termination of the member's    24,863       

first term, provided that members initially appointed for less     24,864       

than a five-year term and persons appointed to fill an unexpired   24,865       

term may be appointed for one full term of five years immediately  24,866       

following such terms.                                                           

      No member of the board shall be the owner of any interest    24,868       

in, or be employed by any wholesale or jobbing house dealing in    24,869       

supplies, equipment, or instruments used or useful in the          24,870       

practice of veterinary medicine.  Neither the public member nor    24,871       

the registered veterinary technician member shall have any vested  24,872       

financial interest in the practice of veterinary medicine.  For    24,873       

purposes of this section employment as a veterinary technician     24,874       

for a veterinarian does not constitute a vested financial          24,875       

interest in the practice of veterinary medicine.                   24,876       

      The governor may remove any member of the board for          24,878       

malfeasance, misfeasance, or nonfeasance after a hearing as        24,879       

provided in Chapter 119. of the Revised Code or if the license of  24,880       

a veterinary member is not renewed or has been revoked or          24,881       

suspended on any ground set forth in SECTIONS 3123.41 TO 3123.50   24,882       

OR section 2301.373 or 4741.22 of the Revised Code or if the       24,885       

registration of the registered veterinary technician member is                  

revoked or suspended or is not renewed under SECTIONS 3123.41 TO   24,886       

3123.50 OR section 2301.373 or 4741.19 of the Revised Code.        24,889       

      Each member of the board shall receive an amount fixed       24,891       

pursuant to division (J) of section 124.15 of the Revised Code     24,892       

for each day, or portion thereof, the member is actually engaged   24,893       

in the discharge of official duties, in addition to the member's   24,894       

necessary expenses.                                                24,895       

      Sec. 4741.32.  On receipt of a notice pursuant to section    24,904       

2301.373 3123.43 of the Revised Code, the veterinary medical       24,905       

                                                          563    


                                                                 
licensing board shall comply with that section SECTIONS 3123.41    24,908       

TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                 

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        24,910       

license issued pursuant to this chapter.                           24,911       

      Sec. 4747.16.  On receipt of a notice pursuant to section    24,921       

2301.373 3123.43 of the Revised Code, the hearing aid dealers and  24,923       

fitters licensing board shall comply with that section SECTIONS    24,926       

3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES                 

ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE with respect to  24,928       

a license issued pursuant to this chapter.                         24,929       

      Sec. 4749.14.  On receipt of a notice pursuant to section    24,939       

2301.373 3123.43 of the Revised Code, the director of commerce     24,940       

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  24,942       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        24,943       

3123.63 OF THE REVISED CODE with respect to a license issued       24,945       

pursuant to this chapter.                                                       

      Sec. 4751.12.  On receipt of a notice pursuant to section    24,955       

2301.373 3123.43 of the Revised Code, the board of examiners of    24,957       

nursing home administrators shall comply with that section         24,960       

SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY            24,961       

APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED      24,962       

CODE with respect to a license issued pursuant to this chapter.    24,964       

      Sec. 4753.071.  The board of speech-language pathology and   24,973       

audiology shall issue a conditional license to an applicant who,   24,974       

except for the supervised professional experience:                 24,975       

      (A)  Meets the academic, practicum, and examination          24,977       

requirements of divisions (B), (C), and (E) of section 4753.06 of  24,978       

the Revised Code;                                                  24,979       

      (B)  Submits an application to the board, including a plan   24,981       

for the content of the supervised professional experience on a     24,982       

form prescribed by the board and pays to the board the             24,983       

appropriate fee for a conditional license.  An applicant may not   24,984       

begin employment until the conditional license has been approved.  24,985       

      A conditional license authorizes an individual to practice   24,987       

                                                          564    


                                                                 
speech-language pathology or audiology while completing the        24,988       

supervised professional experience as required by division (D) of  24,989       

section 4753.06 of the Revised Code.  A person holding a           24,990       

conditional license may practice speech-language pathology or      24,991       

audiology while working under the supervision of a person fully    24,992       

licensed in accordance with this chapter.  A conditional license   24,993       

is valid for eighteen months unless suspended or revoked pursuant  24,994       

to section 2301.373 3123.47 or 4753.10 of the Revised Code.        24,995       

      A person holding a conditional license may perform services  24,997       

for which reimbursement will be sought under the medicare program  24,998       

established under Title XVIII of the "Social Security Act," 49     24,999       

Stat. 620 (1935), 42 U.S.C. 301, as amended, or the medical        25,000       

assistance program established under Chapter 5111. of the Revised  25,001       

Code and Title XIX of the "Social Security Act" but all requests   25,003       

for reimbursement for such services shall be made by the person    25,004       

who supervises the person performing the services.                 25,005       

      Sec. 4753.15.  On receipt of a notice pursuant to section    25,014       

2301.373 3123.43 of the Revised Code, the board of                 25,015       

speech-language pathology and audiology shall comply with that     25,018       

section SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY    25,019       

APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED      25,020       

CODE with respect to a license issued pursuant to this chapter.    25,022       

      Sec. 4755.04.  The appropriate section of the Ohio           25,031       

occupational therapy, physical therapy, and athletic trainers      25,032       

board shall investigate complaints concerning the violation of     25,033       

section 4755.02, 4755.48, or 4755.62 of the Revised Code, and      25,034       

concerning alleged grounds for the suspension, revocation, or      25,035       

refusal to issue or renew licenses under section 2301.373          25,037       

3123.47, 4755.10, 4755.47, or 4755.64 of the Revised Code, and     25,039       

may subpoena witnesses in connection with its investigations.      25,040       

The appropriate section may apply to an appropriate court for an   25,041       

order enjoining the violation of section 4755.02, 4755.48, or      25,042       

4755.62 of the Revised Code, and upon the showing by the section   25,043       

that any person has violated or is about to violate section        25,044       

                                                          565    


                                                                 
4755.02, or 4755.48, or 4755.62 of the Revised Code, the court     25,045       

shall grant an injunction, restraining order, or such other order  25,046       

as is appropriate.  The appropriate section may employ             25,047       

investigators who shall, under the direction of the secretary of   25,048       

the section, make investigations of complaints and such            25,049       

inspections and other inquiries as in the judgment of the section  25,050       

are appropriate to enforce SECTIONS 3123.41 TO 3123.50 OR section  25,051       

2301.373, 4755.02, 4755.10, 4755.47, 4755.48, 4755.62, or 4755.64  25,055       

of the Revised Code.  These investigators have the right to        25,057       

review and audit the records of licensees at the place of                       

business of the licensees or any other place where such records    25,058       

may be and shall be given access to such records during normal     25,059       

business hours.  Information obtained by investigators concerning  25,060       

a licensee shall be held in confidence by the appropriate section  25,061       

and its employees, except pursuant to an order of a court.         25,062       

      The appropriate section shall conduct such hearings, keep    25,064       

records and minutes, and do all such other things necessary and    25,065       

proper to carry out and enforce the relevant sections of this      25,066       

chapter.                                                           25,067       

      Each section of the board shall publish and make available,  25,069       

upon request and for a fee not to exceed the actual cost of        25,070       

printing and mailing, the licensure standards prescribed by the    25,071       

relevant sections of this chapter and its rules.                   25,072       

      The board shall submit to the governor and to the general    25,074       

assembly each year a report of all its official actions during     25,075       

the preceding year, together with any recommendations and          25,076       

findings with regard to the improvement of the profession of       25,077       

physical therapy and the profession of occupational therapy.       25,078       

      Sec. 4755.09.  Each license issued under section 4755.07 of  25,087       

the Revised Code is valid without further recommendation or        25,088       

examination until revoked or suspended or until the license        25,089       

expires for failure to file an application for certificate of      25,090       

renewal as provided for in this section.                           25,091       

      Licenses shall be renewed biennially.  Those licensees       25,093       

                                                          566    


                                                                 
whose last name begins with any letter of the alphabet from the    25,094       

letter "A" through the letter "L" shall file, together with the    25,095       

fee for renewal as provided in section 4755.11 of the Revised      25,096       

Code, by the last day of June of each even-numbered calendar       25,097       

year, an application for a certificate of renewal on a form        25,098       

prescribed by the occupational therapy section of the Ohio         25,099       

occupational therapy, physical therapy, and athletic trainers      25,100       

board.  Those licensees whose last name begins with any letter of  25,101       

the alphabet from the letter "M" through the letter "Z" shall      25,102       

file the application and fee for the certificate of renewal by     25,103       

the last day of June of each odd-numbered calendar year.  The      25,104       

certificate of renewal shall be mailed by the section to the       25,105       

licensee prior to the first day of August of the appropriate       25,106       

year.  In all other respects the renewal process is as provided    25,107       

in section 4745.02 of the Revised Code.                            25,108       

      The license of any licensee who fails to file an             25,110       

application for a certificate of renewal by the last day of June   25,111       

of the appropriate year expires, unless the section, for good      25,112       

cause shown, determines that the application for renewal could     25,113       

not have been filed by such day.  The section shall adopt rules    25,114       

in accordance with Chapter 119. of the Revised Code prescribing    25,115       

the late fees and the conditions under which the license of a      25,116       

licensee who files a late application for renewal will be          25,117       

reinstated.                                                        25,118       

      Except as provided in section 2301.373 SECTIONS 3123.41 TO   25,120       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED       25,121       

UNDER SECTION 3123.63 of the Revised Code, the section may renew   25,124       

a license while the license is suspended, but the renewal shall    25,125       

not affect the suspension.  The section shall not renew a license  25,126       

that has been revoked.  If a revoked license is reinstated under   25,127       

section 4755.10 of the Revised Code after it has expired, the      25,128       

licensee, as a condition of reinstatement, shall pay a             25,129       

reinstatement fee equal to the renewal fee in effect on the last   25,130       

preceding regular renewal date before the reinstatement date,      25,131       

                                                          567    


                                                                 
plus any delinquent fees accrued from the time of the revocation,  25,132       

if such fees are prescribed by the section by rule.                25,133       

      Sec. 4755.61.  (A)  The athletic trainers section of the     25,142       

Ohio occupational therapy, physical therapy, and athletic          25,143       

trainers board shall:                                              25,144       

      (1)  Adopt rules, not inconsistent with this chapter, for    25,146       

the licensure of athletic trainers, including rules that specify   25,147       

the educational course work requirements for licensure;            25,148       

      (2)  Establish fees in accordance with division (B) of this  25,150       

section and section 4755.13 of the Revised Code fixing license     25,151       

and examination fees;                                              25,152       

      (3)  Conduct hearings, keep records of its proceedings, and  25,154       

do all things necessary and proper to administer and enforce       25,155       

sections 4755.61 to 4755.65 of the Revised Code;                   25,156       

      (4)  Publish and make available, upon request and for a fee  25,158       

not to exceed the actual cost of printing and mailing, the         25,159       

requirements for the issuance of an athletic trainers license      25,160       

under this chapter and the rules adopted thereunder;               25,161       

      (5)  Maintain a register of every person licensed to         25,163       

practice athletic training in this state, including the addresses  25,164       

of the licensee's last known place of business and residence, and  25,165       

the effective date and identification number of the person's       25,166       

license.  The board shall make this list available to any person   25,167       

upon request and payment of a fee not to exceed the actual cost    25,168       

of printing and mailing.                                           25,169       

      (6)  Publish and make available, upon request and for a fee  25,171       

not to exceed the actual cost of printing and mailing, a list of   25,172       

persons who passed the examination required under section 4755.62  25,173       

of the Revised Code;                                               25,174       

      (7)  Investigate complaints concerning alleged violations    25,176       

of section 4755.62 of the Revised Code or other grounds for the    25,177       

suspension, revocation, or refusal to issue a license under        25,178       

section 2301.373 3123.47 or 4755.64 of the Revised Code.  In       25,179       

connection with its investigations, the athletic trainers section  25,181       

                                                          568    


                                                                 
may subpoena witnesses, issue subpoenas, examine witnesses,        25,182       

administer oaths, and, under the direction of the executive        25,183       

secretary of the board, investigate complaints and make            25,184       

inspections and other inquiries as in the judgment of the section  25,185       

are appropriate to enforce sections 2301.373 3123.41 TO 3123.50,   25,186       

4755.62, and 4755.64 of the Revised Code.  The section may review  25,189       

and audit the records of any licensee during normal business       25,190       

hours at the licensee's place of business or at any other place    25,191       

where the licensee's records are kept.  Notwithstanding section    25,192       

149.43 of the Revised Code, the athletic trainers section and its  25,193       

employees, except pursuant to a court order, shall maintain in     25,194       

confidence all information obtained.                                            

      (8)  Adopt rules governing the nature and scope of the       25,196       

examination required under section 4755.62 of the Revised Code     25,197       

and the reexamination required under section 4755.63 of the        25,198       

Revised Code and the minimum examination score for licensure or    25,199       

renewal thereof.  The rules for the examination required under     25,200       

section 4755.62 of the Revised Code shall ensure the testing of    25,201       

the applicant's knowledge of the basic and clinical sciences       25,202       

relating to athletic training theory and practice, including       25,203       

professional skills and judgment in the utilization of athletic    25,204       

training techniques and such other subjects as the athletic        25,205       

trainers section of the board considers useful in determining      25,206       

competency to practice athletic training.                          25,207       

      (9)  Conduct the examination required under section 4755.62  25,209       

of the Revised Code at least twice a year at a time and place and  25,210       

under such supervision as the athletic trainers section of the     25,211       

board determines;                                                  25,212       

      (10)  Adopt rules to determine which states' standards for   25,214       

licensure are equal to or greater than this state's for the        25,215       

purpose of waiving requirements under division (D) of section      25,216       

4755.62 of the Revised Code;                                       25,217       

      (11)  Adopt rules to determine which examinations meet the   25,219       

requirements of division (E) of section 4755.62 of the Revised     25,220       

                                                          569    


                                                                 
Code;                                                              25,221       

      (12)  Adopt rules establishing the standards of ethical      25,223       

conduct for licensed athletic trainers under this chapter;         25,224       

      (13)  Adopt rules to determine the scope and nature of the   25,226       

continuing education courses that comply with the requirement for  25,227       

renewal of a license under section 4755.63 of the Revised Code.    25,228       

      (B)  The fees adopted by the athletic trainers section of    25,230       

the board pursuant to division (A)(2) of this section shall be     25,231       

established and adjusted as required to provide sufficient         25,232       

revenues to meet the expenses of the section in administering      25,233       

sections 4755.61 to 4755.66 of the Revised Code.  The fees shall   25,234       

include:                                                           25,235       

      (1)  A nonrefundable examination fee, not to exceed the      25,237       

amount necessary to cover the expense of administering the         25,238       

examination;                                                       25,239       

      (2)  An initial license fee;                                 25,241       

      (3)  A biennial license renewal fee;                         25,243       

      (4)  A late renewal penalty, not to exceed fifty per cent    25,245       

of the renewal fee.                                                25,246       

      The athletic trainers section of the board may, by rule,     25,248       

provide for the waiver of all or part of a license fee if the      25,249       

license is issued less than one hundred days before its            25,250       

expiration date.                                                   25,251       

      (C)  All rules under sections 4755.61 to 4755.65 of the      25,253       

Revised Code shall be adopted by the athletic trainers section of  25,254       

the board in accordance with Chapter 119. of the Revised Code.     25,255       

      Sec. 4755.66.  On receipt of a notice pursuant to section    25,265       

2301.373 3123.43 of the Revised Code, the Ohio occupational        25,266       

therapy, physical therapy, and athletic trainer's board shall      25,269       

comply with that section SECTIONS 3123.41 TO 3123.50 OF THE        25,270       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        25,271       

3123.63 OF THE REVISED CODE with respect to a license issued       25,273       

pursuant to this chapter.                                                       

      Sec. 4757.19.  On receipt of a notice pursuant to section    25,283       

                                                          570    


                                                                 
2301.373 3123.43 of the Revised Code, the counselor and social     25,285       

worker board shall comply with that section SECTIONS 3123.41 TO    25,286       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        25,288       

license issued pursuant to this chapter.                                        

      Sec. 4759.11.  On receipt of a notice pursuant to section    25,298       

2301.373 3123.43 of the Revised Code, the board of dietetics       25,299       

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  25,301       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        25,302       

3123.63 OF THE REVISED CODE with respect to a license issued       25,305       

pursuant to this chapter.                                                       

      Sec. 4761.03.  The Ohio respiratory care board shall         25,314       

regulate the practice of respiratory care under this chapter.      25,315       

Rules adopted under this chapter that deal with the provision of   25,316       

respiratory care in a hospital, other than rules regulating the    25,317       

issuance of licenses or limited permits, shall be consistent with  25,318       

the conditions for participation under Title XVIII of the "Social  25,319       

Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,     25,320       

and with the respiratory care accreditation standards of the       25,321       

joint commission on accreditation of healthcare organizations or   25,323       

the American osteopathic association.                              25,324       

      The board shall:                                             25,326       

      (A)  Adopt, and may rescind or amend, rules in accordance    25,328       

with Chapter 119. of the Revised Code to carry out the purposes    25,329       

of this chapter, including rules prescribing:                      25,330       

      (1)  The form and manner for filing applications for         25,332       

licensure and renewal, limited permits, and limited permit         25,333       

extensions under sections 4761.05 and 4761.06 of the Revised       25,335       

Code;                                                                           

      (2)  The form, scoring, and scheduling of examinations and   25,337       

reexaminations for licensure and license renewal;                  25,338       

      (3)  Standards for the approval of educational programs      25,340       

required to qualify for licensure and continuing education         25,341       

programs required for license renewal;                             25,342       

                                                          571    


                                                                 
      (4)  Continuing education courses and the number of hour     25,345       

requirements necessary for license renewal, in accordance with     25,346       

section 4761.06 of the Revised Code;                               25,347       

      (5)  Procedures for the issuance and renewal of licenses     25,349       

and limited permits;                                               25,350       

      (6)  Procedures for the denial, suspension, revocation,      25,352       

refusal to renew, and reinstatement of licenses and limited        25,353       

permits, the conduct of hearings, and the imposition of fines for  25,355       

engaging in conduct that is grounds for such action and hearings   25,356       

under section 4761.09 of the Revised Code.                         25,357       

      (7)  Standards of ethical conduct for the practice of        25,359       

respiratory care;                                                  25,360       

      (8)  Conditions under which the license renewal fee and      25,362       

continuing education requirements may be waived at the request of  25,363       

a licensee who is not in active practice.                          25,364       

      (B)  Determine the sufficiency of an applicant's             25,366       

qualifications for admission to the licensing examination or a     25,367       

reexamination, and for the issuance or renewal of a license or     25,368       

limited permit;                                                    25,369       

      (C)  Determine the respiratory care educational programs     25,371       

that are acceptable for fulfilling the requirements of division    25,372       

(A) of section 4761.04 of the Revised Code;                        25,373       

      (D)  Schedule, administer, and score the licensing           25,375       

examination or any reexamination for license renewal or            25,376       

reinstatement.  The board shall administer the licensing           25,377       

examinations at least twice a year and notify applicants of the    25,379       

time and place of the examinations.                                25,380       

      (E)  Investigate complaints concerning alleged violations    25,382       

of section 4761.10 of the Revised Code or grounds for the          25,383       

suspension, revocation, or refusal to issue licenses or limited    25,384       

permits under section 2301.373 3123.47 or 4761.09 of the Revised   25,385       

Code.  The board shall employ investigators who shall, under the   25,387       

direction of the executive secretary of the board, investigate     25,388       

complaints and make inspections and other inquiries as, in the     25,389       

                                                          572    


                                                                 
judgment of the board, are appropriate to enforce sections         25,390       

2301.373 3123.41 TO 3123.50, 4761.09, and 4761.10 of the Revised   25,394       

Code.  Pursuant to an investigation and inspection, the            25,395       

investigators may review and audit records during normal business  25,396       

hours at the place of business of a licensee or person who is the  25,397       

subject of a complaint filed with the board or at any place where  25,398       

the records are kept.  The board and its employees shall not       25,399       

disclose confidential information obtained during an               25,400       

investigation, except pursuant to a court order.                   25,401       

      The board may hear testimony in matters relating to the      25,403       

duties imposed upon it and issue subpoenas pursuant to an          25,405       

investigation.  The president and secretary of the board may       25,407       

administer oaths.                                                  25,408       

      (F)  Conduct hearings, keep records of its proceedings, and  25,410       

do all such other things as are necessary and proper to carry out  25,411       

and enforce the provisions of this chapter;                        25,412       

      (G)  Maintain, publish, and make available upon request,     25,414       

for a fee not to exceed the actual cost of printing and mailing:   25,415       

      (1)  The requirements for the issuance of licenses and       25,417       

limited permits under this chapter and rules adopted by the        25,418       

board;                                                                          

      (2)  A current register of every person licensed to          25,420       

practice respiratory care in this state, to include the addresses  25,421       

of the person's last known place of business and residence, the    25,422       

effective date and identification number of the license, the name  25,423       

and location of the institution that granted the person's degree   25,424       

or certificate of completion of respiratory care educational       25,425       

requirements, and the date the degree or certificate was issued;   25,426       

      (3)  A list of the names and locations of the institutions   25,428       

that each year granted degrees or certificates of completion in    25,429       

respiratory care;                                                  25,430       

      (4)  After the administration of each examination, a list    25,432       

of persons who passed the examination.                             25,433       

      (H)  Submit to the governor and to the general assembly      25,435       

                                                          573    


                                                                 
each year a report of all of its official actions during the       25,436       

preceding year, together with any findings and recommendations     25,437       

with regard to the improvement of the profession of respiratory    25,438       

care.                                                              25,439       

      Sec. 4761.12.  On receipt of a notice pursuant to section    25,449       

2301.373 3123.43 of the Revised Code, the respiratory care board   25,451       

shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE  25,453       

REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION        25,454       

3123.63 OF THE REVISED CODE with respect to a license or permit    25,456       

issued pursuant to this chapter.                                                

      Sec. 4763.03.  (A)  In addition to any other duties imposed  25,467       

on the real estate appraiser board under this chapter, the board   25,468       

shall:                                                             25,469       

      (1)  Adopt rules, in accordance with Chapter 119. of the     25,471       

Revised Code, in furtherance of this chapter, including, but not   25,472       

limited to, all of the following:                                  25,473       

      (a)  Defining, with respect to state-certified general real  25,476       

estate appraisers, state-certified residential real estate         25,477       

appraisers, and state-licensed residential real estate             25,478       

appraisers, the type of educational experience, appraisal          25,479       

experience, and other equivalent experience that satisfy the       25,480       

requirements of this chapter.  The rules shall require that all    25,481       

appraisal experience performed after January 1, 1996, meet the     25,483       

uniform standards of professional practice established by the                   

appraisal foundation.                                              25,484       

      (b)  Establishing the examination specifications for         25,486       

state-certified general real estate appraisers, state-certified    25,487       

residential real estate appraisers, and state-licensed             25,488       

residential real estate appraisers;                                25,489       

      (c)  Relating to disciplinary proceedings conducted in       25,492       

accordance with section 4763.11 of the Revised Code, including                  

rules governing the reinstatement of certificates, registrations,  25,494       

and licenses that have been suspended pursuant to those            25,495       

proceedings;                                                                    

                                                          574    


                                                                 
      (d)  Identifying any additional information to be included   25,498       

on the forms specified in division (C) of section 4763.12 of the   25,499       

Revised Code, provided that the rules shall not require any less   25,500       

information than is required in that division;                                  

      (e)  Establishing the fees set forth in section 4763.09 of   25,503       

the Revised Code;                                                               

      (f)  Establishing the amount of the assessment required by   25,506       

division (A)(2) of section 4763.05 of the Revised Code.  The       25,507       

board annually shall determine the amount due from each applicant  25,508       

for an initial certificate, registration, and license in an        25,509       

amount that will maintain the real estate appraiser recovery fund  25,510       

at the level specified in division (A) of section 4763.16 of the   25,511       

Revised Code.  The board may, if the fund falls below that         25,512       

amount, require current certificate holders, registrants, and      25,513       

licensees to pay an additional assessment.                         25,515       

      (g)  Defining, with respect to state-registered real estate  25,517       

appraiser assistants, the educational and experience requirements  25,518       

of division (C)(1)(d) of section 4763.05 of the Revised Code;      25,519       

      (h)  Establishing a real estate appraiser assistant program  25,521       

for the registration of real estate appraiser assistants.          25,522       

      (2)  Provide or procure appropriate examination questions    25,524       

and answers for the examinations required by division (D) of       25,525       

section 4763.05 of the Revised Code, and establish the criteria    25,526       

for successful completion of those examinations;                   25,527       

      (3)  Periodically review the standards for preparation and   25,529       

reporting of real estate appraisals provided in this chapter and   25,530       

adopt rules explaining and interpreting those standards;           25,531       

      (4)  Hear appeals, pursuant to Chapter 119. of the Revised   25,533       

Code, from decisions and orders the superintendent of real estate  25,534       

issues pursuant to this chapter;                                   25,535       

      (5)  Request the initiation by the superintendent of         25,537       

investigations of violations of this chapter or the rules adopted  25,538       

pursuant thereto, as the board determines appropriate;             25,539       

      (6)  Determine the appropriate disciplinary actions to be    25,541       

                                                          575    


                                                                 
taken against certificate holders, registrants, and licensees      25,542       

under this chapter as provided in section 4763.11 of the Revised   25,544       

Code.                                                                           

      (B)  In addition to any other duties imposed on the          25,546       

superintendent of real estate under this chapter, the              25,547       

superintendent shall:                                              25,548       

      (1)  Prescribe the form and content of all applications      25,550       

required by this chapter;                                          25,551       

      (2)  Receive applications for certifications,                25,553       

registrations, and licenses and renewal thereof under this         25,555       

chapter and establish the procedures for processing, approving,    25,556       

and disapproving those applications;                               25,557       

      (3)  Retain records and all application materials submitted  25,559       

to him THE SUPERINTENDENT;                                         25,560       

      (4)  Establish the time and place for conducting the         25,562       

examinations required by division (D) of section 4763.05 of the    25,563       

Revised Code;                                                      25,564       

      (5)  Issue certificates, registrations, and licenses and     25,566       

maintain a register of the names and addresses of all persons      25,568       

issued a certificate, registration, or license under this          25,569       

chapter;                                                                        

      (6)  Perform any other functions and duties, including the   25,571       

employment of staff, necessary to administer this chapter;         25,572       

      (7)  Administer this chapter;                                25,574       

      (8)  Issue all orders necessary to implement this chapter;   25,576       

      (9)  Investigate complaints, upon the superintendent's own   25,578       

motion or upon receipt of a complaint or upon a request of the     25,580       

board, concerning any violation of this chapter or the rules       25,581       

adopted pursuant thereto or the conduct of any person holding a    25,582       

certificate, registration, or license issued pursuant to this      25,584       

chapter;                                                                        

      (10)  Establish and maintain an investigation and audit      25,586       

section to investigate complaints and conduct inspections,         25,587       

audits, and other inquiries as in the judgment of the              25,588       

                                                          576    


                                                                 
superintendent are appropriate to enforce this chapter.  The       25,589       

investigators and auditors have the right to review and audit the  25,590       

business records of certificate holders, registrants, and          25,591       

licensees during normal business hours.  The superintendent may    25,593       

utilize the investigators and auditors employed pursuant to        25,594       

division (B)(4) of section 4735.05 of the Revised Code or          25,595       

currently licensed certificate holders or licensees to assist in   25,596       

performing the duties of this division.                            25,597       

      (11)  Appoint a referee or examiner for any proceeding       25,599       

involving the revocation or suspension of a certificate,           25,600       

registration, or license under section 2301.373 3123.47 or         25,602       

4763.11 of the Revised Code;                                       25,603       

      (12)  Administer the real estate appraiser recovery fund;    25,605       

      (13)  Conduct the examinations required by division (D) of   25,607       

section 4763.05 of the Revised Code at least four times per year.  25,608       

      (C)  The superintendent may do all of the following:         25,610       

      (1)  In connection with investigations and audits under      25,612       

division (B) of this section, subpoena witnesses as provided in    25,613       

section 4763.04 of the Revised Code;                               25,614       

      (2)  Apply to the appropriate court to enjoin any violation  25,616       

of this chapter.  Upon a showing by the superintendent that any    25,617       

person has violated or is about to violate this chapter, the       25,618       

court shall grant an injunction, restraining order, or other       25,619       

appropriate relief, or any combination thereof.                    25,620       

      (D)  All information that is obtained by investigators and   25,622       

auditors performing investigations or conducting inspections,      25,623       

audits, and other inquiries pursuant to division (B)(10) of this   25,624       

section, from certificate holders, registrants, licensees,         25,625       

complainants, or other persons, and all reports, documents, and    25,626       

other work products that arise from that information and that are  25,627       

prepared by the investigators, auditors, or other personnel of     25,628       

the department of commerce, shall be held in confidence by the                  

superintendent, the investigators and auditors, and other          25,629       

personnel of the department.                                       25,630       

                                                          577    


                                                                 
      Sec. 4763.18.  On receipt of a notice pursuant to section    25,640       

2301.373 3123.43 of the Revised Code, the real estate appraiser    25,642       

board shall comply with that section SECTIONS 3123.41 TO 3123.50   25,645       

OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER                      

SECTION 3123.63 OF THE REVISED CODE with respect to a license or   25,647       

certificate issued pursuant to this chapter.                       25,648       

      Sec. 4765.56.  On receipt of a notice pursuant to section    25,657       

2301.373 3123.43 of the Revised Code, the state board of           25,658       

emergency medical services shall comply with that section          25,661       

SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY            25,662       

APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED      25,663       

CODE with respect to a certificate to practice issued pursuant to  25,665       

this chapter.                                                                   

      Sec. 5101.36.  Any application for public assistance gives   25,674       

a right of subrogation to the department of human services for     25,675       

any workers' compensation benefits payable to a person who is      25,676       

subject to a support order, as defined in section 2301.34 3121.01  25,678       

of the Revised Code or to an administrative support order, as      25,679       

defined in section 3111.20 of the Revised Code, on behalf of the   25,680       

applicant, to the extent of any public assistance payments made    25,681       

on the applicant's behalf.  If the director of human services, in  25,682       

consultation with a child support enforcement agency and the       25,683       

administrator of the bureau of workers' compensation, determines   25,684       

that a person responsible for support payments to a recipient of   25,685       

public assistance is receiving workers' compensation, the          25,686       

director shall notify the administrator of the amount of the       25,687       

benefit to be paid to the department of human services.            25,688       

      For purposes of this section, "public assistance" means      25,690       

medical assistance provided through the medical assistance         25,691       

program established under section 5111.01 of the Revised Code,     25,692       

Ohio works first provided under Chapter 5107. of the Revised       25,695       

Code, prevention, retention, and contingency assistance provided                

under Chapter 5108. of the Revised Code, or disability assistance  25,696       

provided under Chapter 5115. of the Revised Code.                  25,698       

                                                          578    


                                                                 
      Sec. 5101.37.  (A)  The department of human services and     25,707       

each county department of human services and child support         25,708       

enforcement agency may make any investigations that are necessary  25,710       

in the performance of their duties, and to that end they shall     25,711       

have the same power as a judge of a county court to administer     25,712       

oaths and to enforce the attendance and testimony of witnesses     25,713       

and the production of books or papers.                                          

      The department and each county department and agency shall   25,717       

keep a record of their investigations stating the time, place,     25,718       

charges or subject, witnesses summoned and examined, and their     25,719       

conclusions.                                                                    

      In matters involving the conduct of an officer, a            25,721       

stenographic report of the evidence shall be taken and a copy of   25,722       

the report, with all documents introduced, kept on file at the     25,723       

office of the department, county department, or agency.            25,725       

      The fees of witnesses for attendance and travel shall be     25,727       

the same as in the court of common pleas, but no officer or        25,728       

employee of the institution under investigation is entitled to     25,729       

such fees.                                                         25,730       

      (B)  In conducting hearings pursuant to sections 3113.21 to  25,732       

3113.216 CHAPTERS 3119., 3121., AND 3123. or pursuant to division  25,734       

(B) of section 5101.35 of the Revised Code, the department and     25,737       

each child support enforcement agency have the same power as a     25,738       

judge of a county court to administer oaths and to enforce the     25,739       

attendance and testimony of witnesses and the production of books  25,740       

or papers.  The department and each agency shall keep a record of  25,741       

those hearings stating the time, place, charges or subject,        25,742       

witnesses summoned and examined, and their conclusions.            25,743       

      The issuance of a subpoena by the department or a child      25,745       

support enforcement agency to enforce attendance and testimony of  25,746       

witnesses and the production of books or papers at a hearing is    25,747       

discretionary and the department or agency is not required to pay  25,748       

the fees of witnesses for attendance and travel.                   25,749       

      (C)  Any judge of any division of the court of common        25,752       

                                                          579    


                                                                 
pleas, upon application of the department or a county department                

or child support enforcement agency, may compel the attendance of  25,753       

witnesses, the production of books or papers, and the giving of    25,754       

testimony before the department, county department, or agency, by  25,756       

a judgment for contempt or otherwise, in the same manner as in     25,757       

cases before those courts.                                         25,758       

      Sec. 5101.99.  (A)  Whoever violates division (A) or (B) of  25,767       

section 5101.61 of the Revised Code shall be fined not more than   25,768       

five hundred dollars.                                                           

      (B)  Whoever violates division (F) of section 5101.31 or     25,770       

division (D) of section 5101.315 of the Revised Code shall be      25,772       

fined not more than five hundred dollars, or imprisoned not more   25,773       

than six months, or both.                                                       

      (C)  Whoever violates division (A) of section 5101.27 of     25,776       

the Revised Code is guilty of a misdemeanor of the first degree.                

      Sec. 5104.011.  (A)  The director of human services shall    25,785       

adopt rules pursuant to Chapter 119. of the Revised Code           25,787       

governing the operation of child day-care centers, including, but  25,788       

not limited to, parent cooperative centers, part-time centers,     25,789       

drop-in centers, and school child centers, which rules shall       25,790       

reflect the various forms of child day-care and the needs of       25,791       

children receiving child day-care or publicly funded child         25,792       

day-care and, no later than January 1, 1992, shall include         25,793       

specific rules for school child day-care centers that are          25,794       

developed in consultation with the department of education.  The   25,795       

rules shall not require an existing school facility that is in     25,796       

compliance with applicable building codes to undergo an            25,797       

additional building code inspection or to have structural          25,798       

modifications.  The rules shall include the following:             25,799       

      (1)  Submission of a site plan and descriptive plan of       25,801       

operation to demonstrate how the center proposes to meet the       25,802       

requirements of this chapter and rules adopted pursuant to this    25,805       

chapter for the initial license application;                                    

      (2)  Standards for ensuring that the physical surroundings   25,807       

                                                          580    


                                                                 
of the center are safe and sanitary including, but not limited     25,808       

to, the physical environment, the physical plant, and the          25,809       

equipment of the center;                                           25,810       

      (3)  Standards for the supervision, care, and discipline of  25,812       

children receiving child day-care or publicly funded child         25,813       

day-care in the center;                                            25,814       

      (4)  Standards for a program of activities, and for play     25,816       

equipment, materials, and supplies, to enhance the development of  25,817       

each child; however, any educational curricula, philosophies, and  25,818       

methodologies that are developmentally appropriate and that        25,819       

enhance the social, emotional, intellectual, and physical          25,820       

development of each child shall be permissible.  As used in this   25,821       

division, "program" does not include instruction in religious or   25,822       

moral doctrines, beliefs, or values that is conducted at child     25,823       

day-care centers owned and operated by churches and does include   25,824       

methods of disciplining children at child day-care centers.        25,825       

      (5)  Admissions policies and procedures, health care         25,827       

policies and procedures, including, but not limited to,            25,828       

procedures for the isolation of children with communicable         25,829       

diseases, first aid and emergency procedures, procedures for       25,830       

discipline and supervision of children, standards for the          25,831       

provision of nutritious meals and snacks, and procedures for       25,832       

screening children and employees, including, but not limited to,   25,833       

any necessary physical examinations and immunizations;             25,834       

      (6)  Methods for encouraging parental participation in the   25,836       

center and methods for ensuring that the rights of children,       25,837       

parents, and employees are protected and that responsibilities of  25,838       

parents and employees are met;                                     25,839       

      (7)  Procedures for ensuring the safety and adequate         25,841       

supervision of children traveling off the premises of the center   25,842       

while under the care of a center employee;                         25,843       

      (8)  Procedures for record keeping, organization, and        25,845       

administration;                                                    25,846       

      (9)  Procedures for issuing, renewing, denying, and          25,848       

                                                          581    


                                                                 
revoking a license that are not otherwise provided for in Chapter  25,849       

119. of the Revised Code;                                          25,850       

      (10)  Inspection procedures;                                 25,852       

      (11)  Procedures and standards for setting initial and       25,854       

renewal license application fees;                                  25,855       

      (12)  Procedures for receiving, recording, and responding    25,857       

to complaints about centers;                                       25,858       

      (13)  Procedures for enforcing section 5104.04 of the        25,860       

Revised Code;                                                      25,861       

      (14)  A standard requiring the inclusion, on and after July  25,863       

1, 1987, of a current department of human services toll-free       25,864       

telephone number on each center provisional license or license     25,865       

which any person may use to report a suspected violation by the    25,866       

center of this chapter or rules adopted pursuant to this chapter;  25,869       

      (15)  Requirements for the training of administrators and    25,871       

child-care staff members in first aid, in prevention,              25,872       

recognition, and management of communicable diseases, and in       25,873       

child abuse recognition and prevention.  Training requirements     25,874       

for child day-care centers adopted under this division shall be    25,875       

consistent with divisions (B)(6) and (C)(1) of this section.       25,876       

      (16)  Procedures to be used by licensees for checking the    25,878       

references of potential employees of centers and procedures to be  25,879       

used by the director for checking the references of applicants     25,880       

for licenses to operate centers;                                   25,881       

      (17)  Standards providing for the special needs of children  25,883       

who are handicapped or who require treatment for health            25,884       

conditions while the child is receiving child day-care or          25,885       

publicly funded child day-care in the center;                      25,886       

      (18)  Any other procedures and standards necessary to carry  25,888       

out this chapter.                                                  25,889       

      (B)(1)  The child day-care center shall have, for each       25,891       

child for whom the center is licensed, at least thirty-five        25,892       

square feet of usable indoor floor space wall-to-wall regularly    25,893       

available for the child day-care operation exclusive of any parts  25,894       

                                                          582    


                                                                 
of the structure in which the care of children is prohibited by    25,895       

law or by rules adopted by the board of building standards.  The   25,896       

minimum of thirty-five square feet of usable indoor floor space    25,897       

shall not include hallways, kitchens, storage areas, or any other  25,898       

areas that are not available for the care of children, as          25,899       

determined by the director, in meeting the space requirement of    25,900       

this division, and bathrooms shall be counted in determining       25,901       

square footage only if they are used exclusively by children       25,902       

enrolled in the center, except that the exclusion of hallways,     25,903       

kitchens, storage areas, bathrooms not used exclusively by         25,904       

children enrolled in the center, and any other areas not           25,905       

available for the care of children from the minimum of             25,906       

thirty-five square feet of usable indoor floor space shall not     25,907       

apply to:                                                          25,908       

      (a)  Centers licensed prior to or on September 1, 1986,      25,910       

that continue under licensure after that date;                     25,911       

      (b)  Centers licensed prior to or on September 1, 1986,      25,913       

that are issued a new license after that date solely due to a      25,914       

change of ownership of the center.                                 25,915       

      (2)  The child day-care center shall have on the site a      25,917       

safe outdoor play space which is enclosed by a fence or otherwise  25,918       

protected from traffic or other hazards.  The play space shall     25,919       

contain not less than sixty square feet per child using such       25,920       

space at any one time, and shall provide an opportunity for        25,921       

supervised outdoor play each day in suitable weather.  The         25,922       

director may exempt a center from the requirement of this          25,923       

division, if an outdoor play space is not available and if all of  25,924       

the following are met:                                             25,925       

      (a)  The center provides an indoor recreation area that has  25,927       

not less than sixty square feet per child using the space at any   25,928       

one time, that has a minimum of one thousand four hundred forty    25,929       

square feet of space, and that is separate from the indoor space   25,930       

required under division (B)(1) of this section.                    25,931       

      (b)  The director has determined that there is regularly     25,933       

                                                          583    


                                                                 
available and scheduled for use a conveniently accessible and      25,934       

safe park, playground, or similar outdoor play area for play or    25,935       

recreation.                                                        25,936       

      (c)  The children are closely supervised during play and     25,938       

while traveling to and from the area.                              25,939       

      The director also shall exempt from the requirement of this  25,941       

division a child day-care center that was licensed prior to        25,942       

September 1, 1986, if the center received approval from the        25,943       

director prior to September 1, 1986, to use a park, playground,    25,944       

or similar area, not connected with the center, for play or        25,945       

recreation in lieu of the outdoor space requirements of this       25,946       

section and if the children are closely supervised both during     25,947       

play and while traveling to and from the area and except if the    25,948       

director determines upon investigation and inspection pursuant to  25,949       

section 5104.04 of the Revised Code and rules adopted pursuant to  25,952       

that section that the park, playground, or similar area, as well   25,953       

as access to and from the area, is unsafe for the children.        25,954       

      (3)  The child day-care center shall have at least two       25,956       

responsible adults available on the premises at all times when     25,957       

seven or more children are in the center.  The center shall        25,958       

organize the children in the center in small groups, shall         25,959       

provide child-care staff to give continuity of care and            25,960       

supervision to the children on a day-by-day basis, and shall       25,961       

ensure that no child is left alone or unsupervised.  Except as     25,962       

otherwise provided in division (E) of this section, the maximum    25,963       

number of children per child-care staff member and maximum group   25,964       

size, by age category of children, are as follows:                 25,965       

                               Maximum Number of                   25,967       

                                  Children Per          Maximum    25,968       

Age Category                       Child-Care            Group     25,969       

of Children                       Staff Member            Size     25,970       

(a)  Infants:                                                      25,971       

(i)  Less than twelve                                              25,972       

        months old                  5:1, or                        25,973       

                                                          584    


                                                                 
                                  12:2 if two                      25,974       

                                   child-care                      25,975       

                                 staff members                     25,976       

                                are in the room            12      25,977       

(ii)  At least twelve                                              25,978       

        months old, but                                            25,979       

        less than eighteen                                         25,980       

        months old                    6:1                  12      25,981       

(b)  Toddlers:                                                     25,982       

(i)  At least eighteen                                             25,983       

       months old, but                                             25,984       

       less than thirty                                            25,985       

       months old                     7:1                  14      25,986       

(ii)  At least thirty months                                       25,987       

        old, but less than                                         25,988       

        three years old               8:1                  16      25,989       

(c)  Preschool                                                     25,990       

       children:                                                   25,991       

(i)  Three years old                  12:1                 24      25,992       

(ii)  Four years old and                                           25,993       

       five years old who                                          25,994       

       are not school                                              25,995       

       children                       14:1                 28      25,996       

(d)  School children:                                              25,997       

(i)  A child who is                                                25,998       

       enrolled in or is                                           25,999       

       eligible to be                                              26,000       

       enrolled in a grade                                         26,001       

       of kindergarten                                             26,002       

       or above, but                                               26,003       

       is less than                                                26,004       

       eleven years old               18:1                 36      26,006       

(ii)  Eleven through fourteen                                      26,007       

       years old                      20:1                 40      26,008       

                                                          585    


                                                                 
      Except as otherwise provided in division (E) of this         26,011       

section, the maximum number of children per child-care staff       26,012       

member and maximum group size requirements of the younger age      26,013       

group shall apply when age groups are combined.                    26,014       

      (4)(a)  The child day-care center administrator shall show   26,016       

the director both of the following:                                26,017       

      (i)  Evidence of at least high school graduation or          26,019       

certification of high school equivalency by the state board of     26,020       

education or the appropriate agency of another state;              26,021       

      (ii)  Evidence of having completed at least two years of     26,023       

training in an accredited college, university, or technical        26,024       

college, including courses in child development or early           26,025       

childhood education, or at least two years of experience in        26,026       

supervising and giving daily care to children attending an         26,027       

organized group program.                                           26,028       

      (b)  In addition to the requirements of division (B)(4)(a)   26,030       

of this section, any administrator employed or designated on or    26,031       

after September 1, 1986, shall show evidence of, and any           26,032       

administrator employed or designated prior to September 1, 1986,   26,033       

shall show evidence within six years after such date of, at least  26,034       

one of the following:                                              26,035       

      (i)  Two years of experience working as a child-care staff   26,037       

member in a center and at least four courses in child development  26,038       

or early childhood education from an accredited college,           26,039       

university, or technical college, except that a person who has     26,040       

two years of experience working as a child-care staff member in a  26,041       

particular center and who has been promoted to or designated as    26,042       

administrator of that center shall have one year from the time     26,043       

the person was promoted to or designated as administrator to       26,044       

complete the required four courses;                                26,045       

      (ii)  Two years of training, including at least four         26,047       

courses in child development or early childhood education from an  26,048       

accredited college, university, or technical college;              26,049       

      (iii)  A child development associate credential issued by    26,051       

                                                          586    


                                                                 
the national child development associate credentialing             26,052       

commission;                                                        26,053       

      (iv)  An associate or higher degree in child development or  26,055       

early childhood education from an accredited college, technical    26,056       

college, or university, or a license designated for teaching in    26,057       

an associate teaching position in a preschool setting issued by    26,058       

the state board of education.                                      26,059       

      (5)  All child-care staff members of a child day-care        26,061       

center shall be at least eighteen years of age, and shall furnish  26,062       

the director evidence of at least high school graduation or        26,063       

certification of high school equivalency by the state board of     26,064       

education or the appropriate agency of another state or evidence   26,065       

of completion of a training program approved by the department of  26,066       

human services or state board of education, except as follows:     26,067       

      (a)  A child-care staff member may be less than eighteen     26,069       

years of age if the staff member is either of the following:       26,070       

      (i)  A graduate of a two-year vocational child-care          26,072       

training program approved by the state board of education;         26,073       

      (ii)  A student enrolled in the second year of a vocational  26,075       

child-care training program approved by the state board of         26,076       

education which leads to high school graduation, provided that     26,077       

the student performs the student's duties in the child day-care    26,079       

center under the continuous supervision of an experienced                       

child-care staff member, receives periodic supervision from the    26,080       

vocational child-care training program teacher-coordinator in the  26,081       

student's high school, and meets all other requirements of this    26,082       

chapter and rules adopted pursuant to this chapter.                26,083       

      (b)  A child-care staff member shall be exempt from the      26,085       

educational requirements of this division if the staff member:     26,087       

      (i)  Prior to January 1, 1972, was employed or designated    26,089       

by a child day-care center and has been continuously employed      26,090       

since either by the same child day-care center employer or at the  26,091       

same child day-care center; or                                     26,092       

      (ii)  Is a student enrolled in the second year of a          26,094       

                                                          587    


                                                                 
vocational child-care training program approved by the state       26,095       

board of education which leads to high school graduation,          26,096       

provided that the student performs the student's duties in the     26,098       

child day-care center under the continuous supervision of an                    

experienced child-care staff member, receives periodic             26,099       

supervision from the vocational child-care training program        26,100       

teacher-coordinator in the student's high school, and meets all    26,102       

other requirements of this chapter and rules adopted pursuant to   26,103       

this chapter.                                                      26,104       

      (6)  Every child day-care staff member of a child day-care   26,106       

center annually shall complete fifteen hours of inservice          26,107       

training in child development or early childhood education, child  26,108       

abuse recognition and prevention, first aid, and in prevention,    26,109       

recognition, and management of communicable diseases, until a      26,110       

total of forty-five hours of training has been completed, unless   26,111       

the staff member furnishes one of the following to the director:   26,113       

      (a)  Evidence of an associate or higher degree in child      26,115       

development or early childhood education from an accredited        26,116       

college, university, or technical college;                         26,117       

      (b)  A license designated for teaching in an associate       26,119       

teaching position in a preschool setting issued by the state       26,120       

board of education;                                                             

      (c)  Evidence of a child development associate credential;   26,122       

      (d)  Evidence of a preprimary credential from the American   26,124       

Montessori society or the association Montessori international.    26,125       

For the purposes of division (B)(6) of this section, "hour" means  26,126       

sixty minutes.                                                     26,127       

      (7)  The administrator of each child day-care center shall   26,129       

prepare at least once annually and for each group of children at   26,130       

the center a roster of names and telephone numbers of parents,     26,131       

custodians, or guardians of each group of children attending the   26,132       

center and upon request shall furnish the roster for each group    26,133       

to the parents, custodians, or guardians of the children in that   26,134       

group.  The administrator may prepare a roster of names and        26,135       

                                                          588    


                                                                 
telephone numbers of all parents, custodians, or guardians of      26,136       

children attending the center and upon request shall furnish the   26,137       

roster to the parents, custodians, or guardians of the children    26,138       

who attend the center.  The administrator shall not include in     26,139       

any roster the name or telephone number of any parent, custodian,  26,140       

or guardian who requests the administrator not to include the      26,141       

parent's, custodian's, or guardian's name or number and shall not  26,142       

furnish any roster to any person other than a parent, custodian,   26,143       

or guardian of a child who attends the center.                     26,144       

      (C)(1)  Each child day-care center shall have on the center  26,146       

premises and readily available at all times at least one           26,147       

child-care staff member who has completed a course in first aid    26,148       

and in prevention, recognition, and management of communicable     26,149       

diseases which is approved by the state department of health and   26,150       

a staff member who has completed a course in child abuse           26,151       

recognition and prevention training which is approved by the       26,152       

department of human services.                                      26,153       

      (2)  The administrator of each child day-care center shall   26,155       

maintain enrollment, health, and attendance records for all        26,156       

children attending the center and health and employment records    26,157       

for all center employees.  The records shall be confidential,      26,158       

except as otherwise provided in division (B)(7) of this section    26,159       

and except that they shall be disclosed by the administrator to    26,160       

the director upon request for the purpose of administering and     26,161       

enforcing this chapter and rules adopted pursuant to this          26,162       

chapter.  Neither the center nor the licensee, administrator, or   26,163       

employees of the center shall be civilly or criminally liable in   26,164       

damages or otherwise for records disclosed to the director by the  26,165       

administrator pursuant to this division.  It shall be a defense    26,166       

to any civil or criminal charge based upon records disclosed by    26,167       

the administrator to the director that the records were disclosed  26,168       

pursuant to this division.                                         26,169       

      (3)(a)  Any parent who is the residential parent and legal   26,171       

custodian of a child enrolled in a child day-care center and any   26,172       

                                                          589    


                                                                 
custodian or guardian of such a child shall be permitted           26,173       

unlimited access to the center during its hours of operation for   26,174       

the purposes of contacting their children, evaluating the care     26,175       

provided by the center, evaluating the premises of the center, or  26,176       

for other purposes approved by the director.  A parent of a child  26,177       

enrolled in a child day-care center who is not the child's         26,178       

residential parent shall be permitted unlimited access to the      26,179       

center during its hours of operation for those purposes under the  26,180       

same terms and conditions under which the residential parent of    26,181       

that child is permitted access to the center for those purposes.   26,182       

However, the access of the parent who is not the residential       26,183       

parent is subject to any agreement between the parents and, to     26,184       

the extent described in division (C)(3)(b) of this section, is     26,185       

subject to any terms and conditions limiting the right of access   26,186       

of the parent who is not the residential parent, as described in   26,187       

division (I) of section 3109.051 of the Revised Code, that are     26,188       

contained in a visitation PARENTING TIME order or decree issued    26,189       

under that section, section 3109.11 or 3109.12 of the Revised      26,191       

Code, or any other provision of the Revised Code.                  26,192       

      (b)  If a parent who is the residential parent of a child    26,194       

has presented the administrator or the administrator's designee    26,196       

with a copy of a visitation PARENTING TIME order that limits the   26,197       

terms and conditions under which the parent who is not the         26,199       

residential parent is to have access to the center, as described   26,200       

in division (I) of section 3109.051 of the Revised Code, the       26,201       

parent who is not the residential parent shall be provided access  26,202       

to the center only to the extent authorized in the order.  If the  26,203       

residential parent has presented such an order, the parent who is  26,204       

not the residential parent shall be permitted access to the        26,205       

center only in accordance with the most recent order that has      26,206       

been presented to the administrator or the administrator's         26,207       

designee by the residential parent or the parent who is not the    26,208       

residential parent.                                                             

      (c)  Upon entering the premises pursuant to division         26,210       

                                                          590    


                                                                 
(C)(3)(a) or (b) of this section, the parent who is the            26,211       

residential parent and legal custodian, the parent who is not the  26,212       

residential parent, or the custodian or guardian shall notify the  26,213       

administrator or the administrator's designee of the parent's,     26,215       

custodian's, or guardian's presence.                                            

      (D)  The director of human services, in addition to the      26,217       

rules adopted under division (A) of this section, shall adopt      26,218       

rules establishing minimum requirements for child day-care         26,219       

centers.  The rules shall include, but not be limited to, the      26,220       

requirements set forth in divisions (B) and (C) of this section.   26,221       

Except as provided in section 5104.07 of the Revised Code, the     26,222       

rules shall not change the square footage requirements of          26,223       

division (B)(1) or (2) of this section; the maximum number of      26,224       

children per child-care staff member and maximum group size        26,225       

requirements of division (B)(3) of this section; the educational   26,226       

and experience requirements of division (B)(4) of this section;    26,227       

the age, educational, and experience requirements of division      26,228       

(B)(5) of this section; the number of inservice training hours     26,229       

required under division (B)(6) of this section; or the             26,230       

requirement for at least annual preparation of a roster for each   26,231       

group of children of names and telephone numbers of parents,       26,232       

custodians, or guardians of each group of children attending the   26,233       

center that must be furnished upon request to any parent,          26,234       

custodian, or guardian of any child in that group required under   26,235       

division (B)(7) of this section; however, the rules shall provide  26,236       

procedures for determining compliance with those requirements.     26,237       

      (E)(1)  When age groups are combined, the maximum number of  26,239       

children per child-care staff member shall be determined by the    26,240       

age of the youngest child in the group, except that when no more   26,241       

than one child thirty months of age or older receives services in  26,242       

a group in which all the other children are in the next older age  26,243       

group, the maximum number of children per child-care staff member  26,244       

and maximum group size requirements of the older age group         26,245       

established under division (B)(3) of this section shall apply.     26,246       

                                                          591    


                                                                 
      (2)  The maximum number of toddlers or preschool children    26,249       

per child-care staff member in a room where children are napping                

shall be twice the maximum number of children per child-care       26,250       

staff member established under division (B)(3) of this section if  26,251       

all the following criteria are met:                                26,252       

      (a)  At least one child-care staff member is present in the  26,254       

room.                                                              26,255       

      (b)  Sufficient child-care staff members are on the child    26,257       

day-care center premises to meet the maximum number of children    26,258       

per child-care staff member requirements established under         26,259       

division (B)(3) of this section.                                   26,260       

      (c)  Naptime preparations are complete and all napping       26,262       

children are resting or sleeping on cots.                          26,263       

      (d)  The maximum number established under division (E)(2)    26,265       

of this section is in effect for no more than one and one-half     26,266       

hours during a twenty-four-hour day.                               26,267       

      (F)  The director of human services shall adopt rules        26,269       

pursuant to Chapter 119. of the Revised Code governing the         26,270       

operation of type A family day-care homes, including, but not      26,271       

limited to, parent cooperative type A homes, part-time type A      26,272       

homes, drop-in type A homes, and school child type A homes, which  26,273       

shall reflect the various forms of child day-care and the needs    26,274       

of children receiving child day-care.  The rules shall include     26,275       

the following:                                                     26,276       

      (1)  Submission of a site plan and descriptive plan of       26,278       

operation to demonstrate how the type A home proposes to meet the  26,279       

requirements of this chapter and rules adopted pursuant to this    26,282       

chapter for the initial license application;                                    

      (2)  Standards for ensuring that the physical surroundings   26,284       

of the type A home are safe and sanitary, including, but not       26,285       

limited to, the physical environment, the physical plant, and the  26,286       

equipment of the type A home;                                      26,287       

      (3)  Standards for the supervision, care, and discipline of  26,289       

children receiving child day-care or publicly funded child         26,290       

                                                          592    


                                                                 
day-care in the type A home;                                       26,291       

      (4)  Standards for a program of activities, and for play     26,293       

equipment, materials, and supplies, to enhance the development of  26,294       

each child; however, any educational curricula, philosophies, and  26,295       

methodologies that are developmentally appropriate and that        26,296       

enhance the social, emotional, intellectual, and physical          26,297       

development of each child shall be permissible;                    26,298       

      (5)  Admissions policies and procedures, health care         26,300       

policies and procedures, including, but not limited to,            26,301       

procedures for the isolation of children with communicable         26,302       

diseases, first aid and emergency procedures, procedures for       26,303       

discipline and supervision of children, standards for the          26,304       

provision of nutritious meals and snacks, and procedures for       26,305       

screening children and employees, including, but not limited to,   26,306       

any necessary physical examinations and immunizations;             26,307       

      (6)  Methods for encouraging parental participation in the   26,309       

type A home and methods for ensuring that the rights of children,  26,310       

parents, and employees are protected and that the                  26,311       

responsibilities of parents and employees are met;                 26,312       

      (7)  Procedures for ensuring the safety and adequate         26,314       

supervision of children traveling off the premises of the type A   26,315       

home while under the care of a type A home employee;               26,316       

      (8)  Procedures for record keeping, organization, and        26,318       

administration;                                                    26,319       

      (9)  Procedures for issuing, renewing, denying, and          26,321       

revoking a license that are not otherwise provided for in Chapter  26,322       

119. of the Revised Code;                                          26,323       

      (10)  Inspection procedures;                                 26,325       

      (11)  Procedures and standards for setting initial and       26,327       

renewal license application fees;                                  26,328       

      (12)  Procedures for receiving, recording, and responding    26,330       

to complaints about type A homes;                                  26,331       

      (13)  Procedures for enforcing section 5104.04 of the        26,333       

Revised Code;                                                      26,334       

                                                          593    


                                                                 
      (14)  A standard requiring the inclusion, on or after July   26,336       

1, 1987, of a current department of human services toll-free       26,337       

telephone number on each type A home provisional license or        26,338       

license which any person may use to report a suspected violation   26,339       

by the type A home of this chapter or rules adopted pursuant this  26,342       

chapter;                                                                        

      (15)  Requirements for the training of administrators and    26,344       

child-care staff members in first aid, in prevention,              26,345       

recognition, and management of communicable diseases, and in       26,346       

child abuse recognition and prevention;                            26,347       

      (16)  Procedures to be used by licensees for checking the    26,349       

references of potential employees of type A homes and procedures   26,350       

to be used by the director for checking the references of          26,351       

applicants for licenses to operate type A homes;                   26,352       

      (17)  Standards providing for the special needs of children  26,354       

who are handicapped or who require treatment for health            26,355       

conditions while the child is receiving child day-care or          26,356       

publicly funded child day-care in the type A home;                 26,357       

      (18)  Standards for the maximum number of children per       26,359       

child-care staff member;                                           26,360       

      (19)  Requirements for the amount of usable indoor floor     26,362       

space for each child;                                              26,363       

      (20)  Requirements for safe outdoor play space;              26,365       

      (21)  Qualifications and training requirements for           26,367       

administrators and for child-care staff members;                   26,368       

      (22)  Procedures for granting a parent who is the            26,370       

residential parent and legal custodian, or a custodian or          26,371       

guardian access to the type A home during its hours of operation;  26,372       

      (23)  Standards for the preparation and distribution of a    26,374       

roster of parents, custodians, and guardians;                      26,375       

      (24)  Any other procedures and standards necessary to carry  26,377       

out this chapter.                                                  26,378       

      (G)  The director of human services shall adopt rules        26,380       

pursuant to Chapter 119. of the Revised Code governing the         26,381       

                                                          594    


                                                                 
certification of type B family day-care homes.                     26,382       

      (1)  The rules shall include procedures, standards, and      26,385       

other necessary provisions for granting limited certification to   26,386       

type B family day-care homes that are operated by the following    26,387       

adult providers:                                                                

      (a)  Persons who provide child day-care for eligible         26,390       

children who are great-grandchildren, grandchildren, nieces,       26,391       

nephews, or siblings of the provider or for eligible children      26,392       

whose caretaker parent is a grandchild, child, niece, nephew, or   26,393       

sibling of the provider;                                                        

      (b)  Persons who provide child day-care for eligible         26,395       

children all of whom are the children of the same caretaker        26,396       

parent.                                                                         

      The rules shall require, and shall include procedures for    26,399       

the director to ensure, that type B family day-care homes that     26,400       

receive a limited certification provide child day-care to          26,401       

children in a safe and sanitary manner.  With regard to providers  26,402       

who apply for limited certification, a provider shall be granted   26,403       

a provisional limited certification on signing a declaration       26,404       

under oath attesting that the provider meets the standards for     26,405       

limited certification.  Such provisional limited certifications    26,406       

shall remain in effect for no more than sixty calendar days and    26,407       

shall entitle the provider to offer publicly funded child          26,408       

day-care during the provisional period.  Except as otherwise       26,409       

provided in division (G)(1) of this section, prior to the          26,411       

expiration of the provisional limited certificate, a county                     

department of human services shall inspect the home and shall      26,412       

grant limited certification to the provider if the provider meets  26,414       

the requirements of this division.  Limited certificates remain                 

valid for two years unless earlier revoked.  Except as otherwise   26,415       

provided in division (G)(1) of this section, providers operating   26,416       

under limited certification shall be inspected annually.           26,417       

      If a provider is a person described in division (G)(1)(a)    26,420       

of this section or a person described in division (G)(1)(b) of     26,422       

                                                          595    


                                                                 
this section who is a friend of the caretaker parent, the                       

provider and the caretaker parent may verify in writing to the     26,423       

county department of human services that minimum health and        26,424       

safety requirements are being met in the home.  If such            26,425       

verification is provided, the county shall waive any inspection                 

and any criminal records check required by this chapter and grant  26,426       

limited certification to the provider.                             26,427       

      (2)  The rules shall provide for safeguarding the health,    26,429       

safety, and welfare of children receiving child day-care or        26,430       

publicly funded child day-care in a certified type B home and      26,431       

shall include the following:                                       26,432       

      (a)  Standards for ensuring that the type B home and the     26,434       

physical surroundings of the type B home are safe and sanitary,    26,435       

including, but not limited to, physical environment, physical      26,436       

plant, and equipment;                                              26,437       

      (b)  Standards for the supervision, care, and discipline of  26,439       

children receiving child day-care or publicly funded child         26,440       

day-care in the home;                                              26,441       

      (c)  Standards for a program of activities, and for play     26,443       

equipment, materials, and supplies to enhance the development of   26,444       

each child; however, any educational curricula, philosophies, and  26,445       

methodologies that are developmentally appropriate and that        26,446       

enhance the social, emotional, intellectual, and physical          26,447       

development of each child shall be permissible;                    26,448       

      (d)  Admission policies and procedures, health care, first   26,450       

aid and emergency procedures, procedures for the care of sick      26,451       

children, procedures for discipline and supervision of children,   26,452       

nutritional standards, and procedures for screening children and   26,453       

authorized providers, including, but not limited to, any           26,454       

necessary physical examinations and immunizations;                 26,455       

      (e)  Methods of encouraging parental participation and       26,457       

ensuring that the rights of children, parents, and authorized      26,458       

providers are protected and the responsibilities of parents and    26,459       

authorized providers are met;                                      26,460       

                                                          596    


                                                                 
      (f)  Standards for the safe transport of children when       26,462       

under the care of authorized providers;                            26,463       

      (g)  Procedures for issuing, renewing, denying, refusing to  26,465       

renew, or revoking certificates;                                   26,466       

      (h)  Procedures for the inspection of type B family          26,468       

day-care homes that require, at a minimum, that each type B        26,469       

family day-care home be inspected prior to certification to        26,470       

ensure that the home is safe and sanitary;                         26,471       

      (i)  Procedures for record keeping and evaluation;           26,473       

      (j)  Procedures for receiving, recording, and responding to  26,476       

complaints;                                                                     

      (k)  Standards providing for the special needs of children   26,478       

who are handicapped or who receive treatment for health            26,479       

conditions while the child is receiving child day-care or          26,480       

publicly funded child day-care in the type B home;                 26,481       

      (l)  Requirements for the amount of usable indoor floor      26,483       

space for each child;                                              26,484       

      (m)  Requirements for safe outdoor play space;               26,486       

      (n)  Qualification and training requirements for authorized  26,489       

providers;                                                                      

      (o)  Procedures for granting a parent who is the             26,491       

residential parent and legal custodian, or a custodian or          26,492       

guardian access to the type B home during its hours of operation;  26,493       

      (p)  Any other procedures and standards necessary to carry   26,495       

out this chapter.                                                  26,496       

      (H)  The director shall adopt rules pursuant to Chapter      26,499       

119. of the Revised Code governing the certification of in-home    26,500       

aides.  The rules shall include procedures, standards, and other   26,501       

necessary provisions for granting limited certification to         26,502       

in-home aides who provide child day-care for eligible children                  

who are great-grandchildren, grandchildren, nieces, nephews, or    26,503       

siblings of the in-home aide or for eligible children whose        26,504       

caretaker parent is a grandchild, child, niece, nephew, or         26,505       

sibling of the in-home aide.  The rules shall require, and shall   26,506       

                                                          597    


                                                                 
include procedures for the director to ensure, that in-home aides  26,507       

that receive a limited certification provide child day-care to     26,508       

children in a safe and sanitary manner.  The rules shall provide   26,509       

for safeguarding the health, safety, and welfare of children       26,510       

receiving publicly funded child day-care in their own home and     26,511       

shall include the following:                                       26,512       

      (1)  Standards for ensuring that the child's home and the    26,514       

physical surroundings of the child's home are safe and sanitary,   26,515       

including, but not limited to, physical environment, physical      26,516       

plant, and equipment;                                              26,517       

      (2)  Standards for the supervision, care, and discipline of  26,519       

children receiving publicly funded child day-care in their own     26,520       

home;                                                              26,521       

      (3)  Standards for a program of activities, and for play     26,523       

equipment, materials, and supplies to enhance the development of   26,524       

each child; however, any educational curricula, philosophies, and  26,525       

methodologies that are developmentally appropriate and that        26,526       

enhance the social, emotional, intellectual, and physical          26,527       

development of each child shall be permissible;                    26,528       

      (4)  Health care, first aid, and emergency procedures,       26,530       

procedures for the care of sick children, procedures for           26,531       

discipline and supervision of children, nutritional standards,     26,532       

and procedures for screening children and in-home aides,           26,533       

including, but not limited to, any necessary physical              26,534       

examinations and immunizations;                                    26,535       

      (5)  Methods of encouraging parental participation and       26,537       

ensuring that the rights of children, parents, and in-home aides   26,538       

are protected and the responsibilities of parents and in-home      26,539       

aides are met;                                                     26,540       

      (6)  Standards for the safe transport of children when       26,542       

under the care of in-home aides;                                   26,543       

      (7)  Procedures for issuing, renewing, denying, refusing to  26,545       

renew, or revoking certificates;                                   26,546       

      (8)  Procedures for inspection of homes of children          26,548       

                                                          598    


                                                                 
receiving publicly funded child day-care in their own homes;       26,549       

      (9)  Procedures for record keeping and evaluation;           26,551       

      (10)  Procedures for receiving, recording, and responding    26,553       

to complaints;                                                     26,554       

      (11)  Qualifications and training requirements for in-home   26,556       

aides;                                                             26,557       

      (12)  Standards providing for the special needs of children  26,559       

who are handicapped or who receive treatment for health            26,560       

conditions while the child is receiving publicly funded child      26,561       

day-care in the child's own home;                                  26,562       

      (13)  Any other procedures and standards necessary to carry  26,564       

out this chapter.                                                  26,565       

      (I)  The director of human services shall send copies of     26,567       

proposed rules to each licensee and each county director of human  26,568       

services and shall give public notice of hearings regarding the    26,569       

rules to each licensee and each county director of human services  26,570       

at least thirty days prior to the date of the public hearing, in   26,571       

accordance with section 119.03 of the Revised Code.  Prior to the  26,572       

effective date of a rule, the director of human services shall     26,573       

provide copies of the adopted rule to each licensee and each       26,574       

county director of human services.                                 26,575       

      The county director of human services shall send copies of   26,577       

proposed rules to each authorized provider and in-home aide and    26,578       

shall give public notice of hearings regarding the rules to each   26,579       

authorized provider and in-home aide at least thirty days prior    26,580       

to the date of the public hearing, in accordance with section      26,581       

119.03 of the Revised Code.  Prior to the effective date of a      26,582       

rule, the county director of human services shall provide copies   26,583       

of the adopted rule to each authorized provider and in-home aide.  26,584       

      Additional copies of proposed and adopted rules shall be     26,586       

made available by the director of human services to the public on  26,587       

request at no charge.                                              26,588       

      (J)  The director of human services shall review all rules   26,590       

adopted pursuant to this chapter at least once every seven years.  26,593       

                                                          599    


                                                                 
      (K)  Notwithstanding any provision of the Revised Code, the  26,595       

director of human services shall not regulate in any way under     26,596       

this chapter or rules adopted pursuant to this chapter,            26,598       

instruction in religious or moral doctrines, beliefs, or values.   26,599       

      Sec. 5104.44.  On receipt of a notice pursuant to section    26,609       

2301.373 3123.43 of the Revised Code, the department of human      26,610       

services shall comply with that section SECTIONS 3123.41 TO        26,613       

3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED                    

UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a        26,615       

license or certificate issued pursuant to this chapter.                         

      Sec. 5107.20.  As used in this section, "support" has the    26,624       

same meaning as in section 3113.21 of the Revised Code.            26,625       

      Participation in Ohio works first constitutes an assignment  26,628       

to the department of human services of any rights members of an    26,629       

assistance group have to support from any other person, excluding  26,630       

medical support assigned pursuant to section 5101.59 of the        26,631       

Revised Code.  The rights to support assigned to the department    26,632       

pursuant to this section constitute an obligation of the person    26,633       

who is responsible for providing the support to the state for the  26,634       

amount of cash assistance provided to the assistance group.        26,636       

      The division OFFICE of child support in the department of    26,639       

human services shall collect and distribute support payments owed  26,640       

to Ohio works first participants, whether assigned to the          26,641       

department or unassigned, in accordance with Title IV-D, federal   26,642       

42 U.S.C. 654 B AND 657 AND regulations ADOPTED UNDER THOSE        26,643       

STATUTES, state statutes, and rules adopted under section 5107.05  26,645       

of the Revised Code.                                                            

      In UPON IMPLEMENTATION OF CENTRALIZED COLLECTION AND         26,647       

DISBURSEMENT UNDER CHAPTER 3121. OF THE REVISED CODE, IN           26,648       

accordance with federal statutes 42 U.S.C. 654 B AND 657 and       26,650       

regulations ADOPTED UNDER THOSE STATUTES, the department shall     26,651       

deposit support payments it receives pursuant to this section      26,653       

into the state treasury to the credit of the child support         26,654       

collections fund or the child support administrative fund, both    26,655       

                                                          600    


                                                                 
of which are hereby created.  Money credited to the funds shall    26,656       

be used to make cash assistance payments under Ohio works first.   26,658       

      Sec. 5123.083.  On receipt of a notice pursuant to section   26,667       

2301.373 3123.43 of the Revised Code, the director of mental       26,669       

retardation and developmental disabilities shall comply with that  26,670       

section SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY    26,671       

APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED      26,672       

CODE with respect to a certificate or evidence of registration     26,674       

issued pursuant to this chapter.                                                

      Sec. 5126.251.  On receipt of a notice pursuant to section   26,683       

2301.373 3123.43 of the Revised Code, the director of mental       26,684       

retardation and developmental disabilities shall comply with that  26,686       

section SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY    26,687       

APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED      26,688       

CODE with respect to a certificate or evidence of registration     26,690       

issued pursuant to this chapter.                                                

      Sec. 5153.16.  (A)  Except as provided in section 2151.422   26,699       

of the Revised Code, in accordance with rules of the department    26,700       

of human services, and on behalf of children in the county whom    26,701       

the public children services agency considers to be in need of     26,702       

public care or protective services, the public children services   26,703       

agency shall do all of the following:                              26,704       

      (1)  Make an investigation concerning any child alleged to   26,706       

be an abused, neglected, or dependent child;                       26,707       

      (2)  Enter into agreements with the parent, guardian, or     26,709       

other person having legal custody of any child, or with the        26,710       

department of human services, department of mental health,         26,711       

department of mental retardation and developmental disabilities,   26,712       

other department, any certified organization within or outside     26,713       

the county, or any agency or institution outside the state,        26,714       

having legal custody of any child, with respect to the custody,    26,715       

care, or placement of any child, or with respect to any matter,    26,717       

in the interests of the child, provided the permanent custody of   26,718       

a child shall not be transferred by a parent to the public         26,719       

                                                          601    


                                                                 
children services agency without the consent of the juvenile       26,720       

court;                                                                          

      (3)  Accept custody of children committed to the public      26,722       

children services agency by a court exercising juvenile            26,724       

jurisdiction;                                                                   

      (4)  Provide such care as the public children services       26,727       

agency considers to be in the best interests of any child          26,728       

adjudicated to be an abused, neglected, or dependent child the     26,729       

agency finds to be in need of public care or service;              26,730       

      (5)  Provide social services to any unmarried girl           26,732       

adjudicated to be an abused, neglected, or dependent child who is  26,734       

pregnant with or has been delivered of a child;                    26,735       

      (6)  Make available to the bureau for children with medical  26,737       

handicaps of the department of health at its request any           26,738       

information concerning a crippled child found to be in need of     26,739       

treatment under sections 3701.021 to 3701.028 of the Revised Code  26,740       

who is receiving services from the public children services        26,742       

agency;                                                                         

      (7)  Provide temporary emergency care for any child          26,744       

considered by the public children services agency to be in need    26,746       

of such care, without agreement or commitment;                     26,747       

      (8)  Find family foster homes, within or outside the         26,749       

county, for the care of children, including handicapped children   26,750       

from other counties attending special schools in the county;       26,751       

      (9)  Subject to the approval of the board of county          26,753       

commissioners and the state department of human services,          26,754       

establish and operate a training school or enter into an           26,755       

agreement with any municipal corporation or other political        26,756       

subdivision of the county respecting the operation, acquisition,   26,757       

or maintenance of any children's home, training school, or other   26,758       

institution for the care of children maintained by such municipal  26,759       

corporation or political subdivision;                              26,760       

      (10)  Acquire and operate a county children's home,          26,762       

establish, maintain, and operate a receiving home for the          26,763       

                                                          602    


                                                                 
temporary care of children, or procure family foster homes for     26,764       

this purpose;                                                      26,765       

      (11)  Enter into an agreement with the trustees of any       26,767       

district children's home, respecting the operation of the          26,768       

district children's home in cooperation with the other county      26,769       

boards in the district;                                            26,770       

      (12)  Cooperate with, make its services available to, and    26,772       

act as the agent of persons, courts, the department of human       26,773       

services, the department of health, and other organizations        26,774       

within and outside the state, in matters relating to the welfare   26,775       

of children, except that the public children services agency       26,776       

shall not be required to provide supervision of or other services  26,777       

related to the exercise of PARENTING TIME RIGHTS GRANTED PURSUANT  26,778       

TO SECTION 3109.051 OR 3109.12 OF THE REVISED CODE OR              26,779       

companionship or visitation rights granted pursuant to section     26,780       

3109.051, 3109.11, or 3109.12 of the Revised Code unless a         26,781       

juvenile court, pursuant to Chapter 2151. of the Revised Code, or  26,783       

a common pleas court, pursuant to division (E)(6) of section       26,784       

3113.31 of the Revised Code, requires the provision of                          

supervision or other services related to the exercise of the       26,787       

PARENTING TIME RIGHTS OR companionship or visitation rights;       26,788       

      (13)  Make investigations at the request of any              26,790       

superintendent of schools in the county or the principal of any    26,791       

school concerning the application of any child adjudicated to be   26,792       

an abused, neglected, or dependent child for release from school,  26,793       

where such service is not provided through a school attendance     26,794       

department;                                                                     

      (14)  Administer funds provided under Title IV-E of the      26,796       

"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as    26,797       

amended, in accordance with rules adopted by the state department  26,798       

of human services under section 5101.141 of the Revised Code;      26,799       

      (15)  In addition to administering Title IV-E adoption       26,801       

assistance funds, enter into agreements to make adoption           26,802       

assistance payments under section 5153.163 of the Revised Code;    26,803       

                                                          603    


                                                                 
      (16)  Implement a system of risk assessment, in accordance   26,805       

with rules adopted by the state department of human services, to   26,806       

assist the public children services agency in determining the      26,807       

risk of abuse or neglect to a child;                               26,808       

      (17)  Enter into a plan of cooperation with the board of     26,810       

county commissioners under section 307.983 of the Revised Code     26,811       

and comply with the partnership agreement the board enters into    26,812       

under section 307.98 of the Revised Code and contracts the board   26,813       

enters into under sections 307.981 and 307.982 of the Revised      26,814       

Code that affect the public children services agency;              26,815       

      (18)  Make reasonable efforts to prevent the removal of an   26,817       

alleged or adjudicated abused, neglected, or dependent child from  26,818       

the child's home, eliminate the continued removal of the child     26,819       

from the child's home, or make it possible for the child to        26,820       

return home safely, except that reasonable efforts of that nature  26,821       

are not required when a court has made a determination under       26,822       

division (A)(2) of section 2151.419 of the Revised Code;           26,823       

      (19)  Make reasonable efforts to place the child in a        26,825       

timely manner in accordance with the permanency plan approved      26,826       

under division (E) of section 2151.417 of the Revised Code and to  26,828       

complete whatever steps are necessary to finalize the permanent    26,829       

placement of the child.                                            26,830       

      (B)  The public children services agency shall use the       26,832       

system implemented pursuant to division (B)(16) of this section    26,833       

in connection with an investigation undertaken pursuant to         26,834       

division (F)(1) of section 2151.421 of the Revised Code and may    26,836       

use the system at any other time the agency is involved with any                

child when the agency determines that risk assessment is           26,837       

necessary.                                                                      

      (C)  Except as provided in section 2151.422 of the Revised   26,839       

Code, in accordance with rules of the department of human          26,840       

services, and on behalf of children in the county whom the public  26,841       

children services agency considers to be in need of public care    26,842       

or protective services, the public children services agency may    26,843       

                                                          604    


                                                                 
do the following:                                                               

      (1)  Provide or find, with other child serving systems,      26,846       

treatment foster care for the care of children in a treatment      26,847       

foster home, as defined in section 5103.02 of the Revised Code;                 

      (2)(a)  Except as limited by divisions (C)(2)(b) and (c) of  26,850       

this section, contract with the following for the purpose of                    

assisting the agency with its duties:                              26,851       

      (i)  County departments of human services;                   26,853       

      (ii)  Boards of alcohol, drug addiction, and mental health   26,856       

services;                                                                       

      (iii)  County boards of mental retardation and               26,858       

developmental disabilities;                                        26,859       

      (iv)  Regional councils of political subdivisions            26,861       

established under Chapter 167. of the Revised Code;                26,862       

      (v)  Private and government providers of services;           26,864       

      (vi)  Managed care organizations and prepaid health plans.   26,866       

      (b)  A public children services agency contract under        26,869       

division (C)(2)(a) of this section regarding the agency's duties                

under section 2151.421 of the Revised Code may not provide for     26,870       

the entity under contract with the agency to perform any service   26,871       

not authorized by the department's rules.                          26,872       

      (c)  Only a county children services board appointed under   26,875       

section 5153.03 of the Revised Code that is a public children                   

services agency may contract under division (C)(2)(a) of this      26,876       

section.  If an entity specified in division (B) or (C) of         26,877       

section 5153.02 of the Revised Code is the public children         26,878       

services agency for a county, the board of county commissioners    26,879       

may enter into contracts pursuant to section 307.982 of the                     

Revised Code regarding the agency's duties.                        26,880       

      Sec. 5505.04.  (A)  The general administration and           26,889       

management of the state highway patrol retirement system and the   26,890       

making effective of this chapter are hereby vested in the state    26,891       

highway patrol retirement board.  The board may sue and be sued,   26,892       

plead and be impleaded, contract and be contracted with, and do    26,893       

                                                          605    


                                                                 
all things necessary to carry out this chapter.                    26,894       

      The board shall consist of the auditor of state, the         26,896       

superintendent of the state highway patrol, a retirant-member who  26,897       

is a resident of this state, and four employee-members.            26,898       

      The board shall annually elect a chairperson and             26,900       

vice-chairperson from among its members.  The vice-chairperson     26,901       

shall act as chairperson in the absence of the chairperson.  A     26,902       

majority of the members of the board shall constitute a quorum     26,903       

and any action taken shall be approved by four or more of the      26,904       

members.  The board shall meet not less than once each year, upon  26,905       

sufficient notice to the members.  All meetings of the board       26,906       

shall be open to the public except executive sessions as set       26,907       

forth in division (G) of section 121.22 of the Revised Code, and   26,908       

any portions of any sessions discussing medical records or the     26,909       

degree of disability of a member excluded from public inspection   26,910       

by this section.                                                                

      (B)  The attorney general shall prescribe procedures for     26,912       

the adoption of rules authorized under this chapter, consistent    26,913       

with the provision of section 111.15 of the Revised Code under     26,914       

which all rules shall be filed in order to be effective.  Such     26,915       

procedures shall establish methods by which notice of proposed     26,916       

rules are given to interested parties and rules adopted by the     26,917       

board published and otherwise made available.  When it files a     26,919       

rule with the joint committee on agency rule review pursuant to    26,920       

section 111.15 of the Revised Code, the board shall submit to the  26,922       

Ohio retirement study council a copy of the full text of the       26,923       

rule, and if applicable, a copy of the rule summary and fiscal     26,925       

analysis required by division (B) of section 127.18 of the         26,926       

Revised Code.                                                      26,928       

      (C)  The retirant-member of the board shall be elected for   26,930       

a four-year term by a general election of service and disability   26,931       

retirants conducted in a manner approved by the board.  The term   26,932       

of the initial retirant-member shall commence in August 1990.  A   26,933       

person who at the time of retirement is an employee-member of the  26,934       

                                                          606    


                                                                 
board is not eligible to become a retirant-member until three      26,935       

years after such person's retirement date.  Employee-members of    26,937       

the board shall be elected for terms of four years by a general    26,938       

election of contributing members conducted in a manner approved    26,939       

by the board. The term of office of each employee-member shall     26,940       

commence in August of the year in which such member is elected.    26,941       

Any vacancy occurring in the term of the retirant-member or any    26,943       

employee-member of the board shall be filled by an election        26,944       

conducted in the same manner as other retirant-member and          26,945       

employee-member elections.  The retirant-member or                 26,946       

employee-member elected shall fill the unexpired term.             26,947       

      (D)(1)  As used in this division, "personal history record"  26,949       

means information maintained by the board on a member, former      26,950       

member, retirant, or beneficiary that includes the address,        26,951       

telephone number, social security number, record of                26,952       

contributions, correspondence with the system, and other           26,953       

information the board determines to be confidential.               26,954       

      (2)  The records of the board shall be open to public        26,956       

inspection, except for the following which shall be excluded: the  26,958       

member's, former member's, retirant's, or beneficiary's personal   26,959       

history record and the amount of a monthly allowance or benefit    26,960       

paid to a retirant, beneficiary, or survivor, except with the      26,961       

written authorization of the individual concerned.  All medical    26,962       

reports and recommendations are privileged except that copies of   26,963       

such medical reports or recommendations shall be made available    26,964       

to the individual's personal physician, attorney, or authorized    26,965       

agent upon written release received from such individual or such   26,966       

individual's agent, or when necessary for the proper               26,967       

administration of the fund to the board-assigned physician.        26,968       

      (E)  Notwithstanding the exceptions to public inspection in  26,970       

division (D)(2) of this section, the board may furnish the         26,971       

following information:                                             26,972       

      (1)  If a member, former member, or retirant is subject to   26,974       

an order issued under section 2907.15 of the Revised Code or is    26,975       

                                                          607    


                                                                 
convicted of or pleads guilty to a violation of section 2921.41    26,976       

of the Revised Code, on written request of a prosecutor as         26,977       

defined in section 2935.01 of the Revised Code, the board shall    26,978       

furnish to the prosecutor the information requested from the       26,979       

individual's personal history record.                              26,980       

      (2)  Pursuant to a court order issued under section 3113.21  26,982       

CHAPTERS 3119., 3121., AND 3123. of the Revised Code, the board    26,984       

shall furnish to a court or child support enforcement agency the   26,985       

information required under that section THOSE CHAPTERS.            26,986       

      (3)  At the written request of any nonprofit organization    26,988       

or association providing services to retirement system members,    26,989       

retirants, or beneficiaries, the board shall provide to the        26,990       

organization or association a list of the names and addresses of   26,991       

members, former members, retirants, or beneficiaries if the        26,992       

organization or association agrees to use such information solely  26,993       

in accordance with its stated purpose of providing services to     26,994       

such individuals and not for the benefit of other persons,         26,995       

organizations, or associations.  The costs of compiling, copying,  26,996       

and mailing the list shall be paid by such entity.                 26,997       

      (4)  Within fourteen days after receiving from the director  26,999       

of human services a list of the names and social security numbers  27,000       

of recipients of public assistance pursuant to section 5101.181    27,001       

of the Revised Code, the board shall inform the auditor of state   27,002       

of the name, current or most recent employer address, and social   27,003       

security number of each member whose name and social security      27,004       

number are the same as those of a person whose name or social      27,005       

security number was submitted by the director.  The board and its  27,006       

employees, except for purposes of furnishing the auditor of state  27,007       

with information required by this section, shall preserve the      27,008       

confidentiality of recipients of public assistance in compliance   27,009       

with division (A) of section 5101.181 of the Revised Code.         27,010       

      (F)  A statement that contains information obtained from     27,012       

the system's records that is certified and signed by an officer    27,013       

of the retirement system and to which the system's official seal   27,014       

                                                          608    


                                                                 
is affixed, or copies of the system's records to which the         27,015       

signature and seal are attached, shall be received as true copies  27,016       

of the system's records in any court or before any officer of      27,017       

this state.                                                        27,018       

      Sec. 5505.22.  The right of any person to a pension, or to   27,027       

the return of accumulated contributions, payable as provided       27,028       

under this chapter, and all moneys, investments of the state       27,029       

highway patrol retirement system, and income therefrom, are        27,030       

exempt from any state tax, except the tax imposed by section                    

5747.02 of the Revised Code, and are exempt from any county,       27,031       

municipal, or other local tax, except taxes imposed pursuant to    27,032       

section 5748.02 or 5748.08 of the Revised Code and, except as      27,034       

provided in sections 3111.23, 3113.21 3119.80, 3119.81, 3121.02,   27,035       

3121.03, 3123.06, and 5505.26 of the Revised Code, shall not be    27,037       

subject to execution, garnishment, attachment, the operation of    27,038       

bankruptcy or insolvency laws, or any other process of law         27,039       

whatsoever, and shall be unassignable except as specifically                    

provided in this chapter.                                          27,040       

      Sec. 5703.21.  (A)  Except as provided in divisions (B),     27,049       

(C), (D), (E), and (F) of this section, no agent of the            27,052       

department of taxation, except in the agent's report to the        27,053       

department or when called on to testify in any court or            27,054       

proceeding, shall divulge any information acquired by the agent    27,055       

as to the transactions, property, or business of any person while  27,056       

acting or claiming to act under orders of the department.          27,057       

Whoever violates this provision shall thereafter be disqualified   27,058       

from acting as an officer or employee or in any other capacity     27,059       

under appointment or employment of the department.                              

      (B)(1)  For purposes of an audit pursuant to section 117.15  27,061       

of the Revised Code, or an audit of the department pursuant to     27,062       

Chapter 117. of the Revised Code, or an audit, pursuant to such    27,063       

chapter, the objective of which is to express an opinion on a      27,064       

financial report or statement prepared or issued pursuant to       27,065       

division (G) or (I) of section 126.21 of the Revised Code, the     27,066       

                                                          609    


                                                                 
officers and employees of the auditor of state charged with        27,067       

conducting the audit shall have access to and the right to         27,068       

examine any state tax returns and state tax return information in  27,069       

the possession of the department to the extent that such access    27,070       

and examination are necessary for purposes of the audit.  Any      27,071       

information acquired as the result of such access and examination  27,072       

shall not be divulged for any purpose other than as required for   27,073       

such audit or unless the officers and employees are required to    27,074       

testify in a court or proceeding under compulsion of legal         27,075       

process.  Whoever violates this provision shall thereafter be      27,076       

disqualified from acting as an officer or employee or in any       27,077       

other capacity under appointment or employment of the auditor of   27,078       

state.                                                             27,079       

      (2)  As provided by section 6103(d)(2) of the Internal       27,081       

Revenue Code, any federal tax returns or federal tax information   27,082       

which the department has acquired from the internal revenue        27,083       

service, through federal and state statutory authority, may be     27,084       

disclosed to the auditor of state solely for purposes of an audit  27,085       

of the department.                                                 27,086       

      (C)  Division (A) of this section does not prohibit          27,088       

divulging information contained in applications, complaints, and   27,089       

related documents filed with the department under section 5715.27  27,090       

of the Revised Code, or in applications filed with the department  27,091       

under section 5715.39 of the Revised Code.                         27,092       

      (D)  Division (A) of this section does not prohibit the      27,094       

department of taxation providing information to the division       27,095       

OFFICE of child support within the department of human services,   27,097       

or a child support enforcement agency, pursuant to division        27,098       

(G)(2) of section 5101.31 3125.43 of the Revised Code.             27,099       

      (E)  Division (A) of this section does not prohibit the      27,102       

disclosure to the board of motor vehicle collision repair          27,103       

registration of any information in the possession of the           27,104       

department that is necessary for the board to verify the           27,106       

existence of an applicant's valid vendor's license and current     27,107       

                                                          610    


                                                                 
state tax identification number under section 4775.07 of the                    

Revised Code.                                                      27,108       

      (F)  Division (A) of this section does not prohibit the      27,110       

department from providing information to the administrator of      27,111       

workers' compensation pursuant to section 4123.591 of the Revised  27,112       

Code.                                                                           

      Sec. 5747.121.  (A)  In accordance with section 5101.321     27,122       

SECTIONS 3123.821 TO 3123.823 of the Revised Code, the tax         27,123       

commissioner shall cooperate with the department of human          27,124       

services in establishing and then implementing procedures for the  27,125       

collection of overdue child support from refunds of paid state     27,126       

income taxes under this chapter that are payable to obligors.      27,127       

The tax commissioner shall deposit money collected from such       27,128       

refunds into the child support intercept fund.                     27,129       

      (B)  At the request of the department of human services in   27,131       

connection with the collection of overdue child support from a     27,132       

refund of paid state income taxes pursuant to section 5101.321     27,134       

SECTIONS 3123.821 TO 3123.823 of the Revised Code and division     27,135       

(A) of this section, the tax commissioner shall release to the     27,136       

department the home address and social security number of any      27,137       

obligor whose overdue child support may be collected from a        27,138       

refund of paid state income taxes pursuant to section 5101.321     27,139       

SECTIONS 3123.821 TO 3123.823 of the Revised Code and division     27,141       

(A) of this section.                                               27,142       

      (C)  In the case of persons filing a joint income tax        27,144       

return, the amount of the refund available for the collection of   27,145       

overdue child support shall be based on the proportion of the      27,146       

refund due to the obligor only.  Any obligor's spouse who objects  27,147       

to the amount of the refund to be used for the collection of       27,148       

overdue child support may file a complaint with the tax            27,149       

commissioner within twenty-one days after receiving notice of the  27,150       

collection.  The commissioner shall afford a complainant an        27,151       

opportunity to be heard.  The burden of proving an error by the    27,152       

commissioner in determining the amount of a refund to be used for  27,153       

                                                          611    


                                                                 
the collection of overdue child support shall be on the            27,154       

complainant.                                                       27,155       

      (D)  There is hereby created in the state treasury the       27,157       

child support intercept fund, which shall consist of moneys paid   27,158       

into it by the tax commissioner under division (A) of this         27,159       

section.  Moneys in the fund shall be disbursed pursuant to        27,160       

vouchers approved by the director of human services for use by     27,161       

the bureau of child support to meet the requirements of section    27,162       

666 of Title IV-D of the "Social Security Act," 98 Stat. 1306      27,163       

(1975), 42 U.S.C. 666, as amended, and any rules promulgated       27,164       

under Title IV-D.  Moneys appropriated from the fund are not       27,165       

intended to replace other moneys appropriated for this purpose.    27,166       

      (E)  As used in this section, "obligor" has the same         27,168       

meaning as in division (D) of section 5101.321 3119.01 of the      27,170       

Revised Code.                                                      27,172       

      Sec. 5747.18.  The tax commissioner shall enforce and        27,181       

administer this chapter.  In addition to any other powers          27,182       

conferred upon the commissioner by law, the commissioner may:      27,183       

      (A)  Prescribe all forms required to be filed pursuant to    27,185       

this chapter;                                                      27,186       

      (B)  Adopt such rules as the commissioner finds necessary    27,188       

to carry out this chapter;                                         27,189       

      (C)  Appoint and employ such personnel as are necessary to   27,191       

carry out the duties imposed upon the commissioner by this         27,192       

chapter.                                                                        

      Any information gained as the result of returns,             27,194       

investigations, hearings, or verifications required or authorized  27,195       

by this chapter is confidential, and no person shall disclose      27,196       

such information, except for official purposes, or as provided by  27,197       

section 3125.43, 4123.591, 4507.023, or 5101.182, division (G)(2)  27,199       

of section 5101.31 or division (B) of section 5703.21 of the       27,201       

Revised Code, or in accordance with a proper judicial order.  The  27,202       

tax commissioner may furnish the internal revenue service with     27,203       

copies of returns or reports filed and may furnish the officer of  27,204       

                                                          612    


                                                                 
a municipal corporation charged with the duty of enforcing a tax   27,205       

subject to Chapter 718. of the Revised Code with the names,        27,206       

addresses, and identification numbers of taxpayers who may be      27,207       

subject to such tax.  A municipal corporation shall use this       27,208       

information for tax collection purposes only.  This section does   27,209       

not prohibit the publication of statistics in a form which does    27,210       

not disclose information with respect to individual taxpayers.     27,211       

      Section 2.  That existing sections 109.573, 145.27, 145.56,  27,213       

145.75, 149.43, 169.03, 169.08, 329.04, 742.41, 742.47, 909.131,   27,215       

917.24, 918.45, 919.21, 921.30, 926.102, 927.521, 943.19,          27,216       

1321.05, 1321.84, 1322.101, 1347.08, 1349.01, 1533.82, 1541.42,    27,217       

1547.544, 1561.52, 1565.25, 1905.201, 2151.23, 2151.231,           27,218       

2151.232, 2151.33, 2151.36, 2151.49, 2301.03, 2301.354, 2301.356,  27,219       

2301.358, 2301.371, 2301.375, 2301.39, 2301.99, 2317.02, 2329.66,  27,222       

2705.02, 2705.031, 2716.01, 2919.22, 2919.231, 3103.03, 3103.031,  27,223       

3105.18, 3105.21, 3105.63, 3105.65, 3107.01, 3107.06, 3107.064,    27,224       

3109.04, 3109.05, 3109.051, 3109.052, 3109.12, 3109.19, 3109.21,   27,225       

3109.27, 3109.28, 3111.01, 3111.02, 3111.03, 3111.04, 3111.06,     27,226       

3111.07, 3111.08, 3111.09, 3111.10, 3111.11, 3111.111, 3111.12,    27,227       

3111.13, 3111.15, 3111.16, 3111.17, 3111.221, 3111.29, 3111.30,                 

3111.31, 3111.32, 3111.33, 3111.34, 3111.35, 3111.36, 3111.37,     27,228       

3111.38, 3111.99, 3113.04, 3113.07, 3113.16, 3113.212, 3113.219,   27,230       

3113.2110, 3113.31, 3113.99, 3115.01, 3115.14, 3115.16, 3115.31,   27,231       

3115.32, 3115.33, 3115.34, 3115.35, 3115.36, 3115.37, 3115.42,                  

3115.49, 3115.52, 3115.56, 3301.071, 3301.074, 3301.71, 3304.42,   27,232       

3305.08, 3307.21, 3307.71, 3309.22, 3309.66, 3319.088, 3319.29,    27,233       

3319.31, 3319.312, 3332.031, 3332.18, 3701.915, 3705.09,           27,234       

3705.091, 3710.19, 3719.82, 3723.18, 3727.17, 3737.883, 3742.20,   27,235       

3770.07, 3770.071, 3773.36, 3773.42, 3773.59, 3783.09, 3905.53,    27,236       

3921.281, 3924.48, 3924.49, 3931.13, 3941.02, 3949.22, 3951.10,    27,237       

3959.17, 4104.21, 4123.67, 4141.16, 4141.28, 4501.25, 4506.071,    27,238       

4507.08, 4507.111, 4507.16, 4507.34, 4507.99, 4511.191, 4701.28,   27,239       

4703.12, 4703.16, 4703.36, 4703.52, 4705.021, 4707.23, 4709.26,    27,240       

4713.27, 4715.40, 4717.16, 4723.07, 4723.09, 4723.341, 4723.63,    27,241       

                                                          613    


                                                                 
4725.20, 4725.531, 4727.031, 4728.031, 4729.67, 4730.251,          27,242       

4731.76, 4732.27, 4733.15, 4733.27, 4734.22, 4735.05, 4735.33,     27,243       

4736.17, 4738.072, 4739.07, 4739.16, 4740.101, 4741.02, 4741.32,   27,244       

4747.16, 4749.14, 4751.12, 4753.071, 4753.15, 4755.04, 4755.09,    27,245       

4755.61, 4755.66, 4757.19, 4759.11, 4761.03, 4761.12, 4763.03,     27,246       

4763.18, 4765.56, 5101.313, 5101.316, 5101.317, 5101.318,          27,248       

5101.32, 5101.322, 5101.326, 5101.327, 5101.36, 5101.37, 5101.99,  27,249       

5104.011, 5104.44, 5107.20, 5123.083, 5126.251, 5153.16, 5505.04,  27,251       

5505.22, 5703.21, 5747.121, and 5747.18 and sections 2301.34,      27,252       

2301.35, 2301.353, 2301.355, 2301.357, 2301.36, 2301.37,           27,253       

2301.372, 2301.373, 2301.374, 2301.38, 2301.40, 2301.41, 2301.43,               

2301.44, 2301.45, 2301.46, 3111.19, 3111.20, 3111.21, 3111.211,    27,254       

3111.22, 3111.23, 3111.231, 3111.24, 3111.241, 3111.242, 3111.25,  27,255       

3111.26, 3111.27, 3111.28, 3113.21, 3113.211, 3113.213, 3113.214,  27,256       

3113.215, 3113.216, 3113.217, 3113.218, 5101.31, 5101.311,         27,257       

5101.312, 5101.314, 5101.315, 5101.319, 5101.321, 5101.323,        27,258       

5101.324, and 5101.325 of the Revised Code are hereby repealed.    27,261       

      Section 3.  Sections 1 and 2 of this act shall take effect   27,263       

on the date that is six months after the effective date of this    27,264       

act.                                                                            

      Section 4.  Section 145.27 of the Revised Code is presented  27,266       

in this act as a composite of the section as amended by both Am.   27,268       

Sub. H.B. 627 and Am. Sub. H.B. 668 of the 121st General                        

Assembly, with the new language of neither of the acts shown in    27,269       

capital letters.  Section 329.04 of the Revised Code is presented  27,270       

in this act as a composite of the section as amended by both Am.   27,272       

Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General Assembly,                  

with the new language of neither of the acts shown in capital      27,273       

letters.  Section 742.41 of the Revised Code is presented in this  27,274       

act as a composite of the section as amended by both Am. Sub.      27,276       

H.B. 627 and Am. Sub. H.B. 668 of the 121st General Assembly,                   

with the new language of neither of the acts shown in capital      27,277       

letters.  Section 2329.66 of the Revised Code is presented in      27,278       

this act as a composite of the section as amended by both Am.      27,280       

                                                          614    


                                                                 
Sub. H.B. 108 and Am. Sub. S.B. 170 of the 122nd General                        

Assembly, with the new language of neither of the acts shown in    27,281       

capital letters.  Section 3307.21 of the Revised Code is           27,282       

presented in this act as a composite of the section as amended by  27,283       

both Am. Sub. H.B. 627 and Am. Sub. H.B. 668 of the 121st General  27,284       

Assembly, with the new language of neither of the acts shown in    27,285       

capital letters.  Section 3309.22 of the Revised Code is           27,286       

presented in this act as a composite of the section as amended by  27,287       

both Am. Sub. H.B. 627 and Am. Sub. H.B. 668 of the 121st General  27,288       

Assembly, with the new language of neither of the acts shown in    27,289       

capital letters.  Section 4141.16 of the Revised Code is           27,290       

presented in this act as a composite of the section as amended by  27,291       

both Sub. H.B. 408 and Sub. H.B. 478 of the 122nd General          27,292       

Assembly, with the new language of neither of the acts shown in    27,294       

capital letters.  Section 4141.28 of the Revised Code is           27,295       

presented in this act as a composite of the section as amended by  27,296       

both Sub. H.B. 408 and Sub. H.B. 478 of the 122nd General          27,297       

Assembly, with the new language of neither of the acts shown in    27,299       

capital letters.  Section 4703.12 of the Revised Code is           27,300       

presented in this act as a composite of the section as amended by  27,301       

Am. Sub. H.B. 117, Sub. H.B. 167, and Sub. H.B. 231 of the 121st   27,302       

General Assembly, with the new language of none of the acts shown  27,303       

in capital letters.  Section 4763.03 of the Revised Code is        27,304       

presented in this act as a composite of the section as amended by  27,305       

both Sub. H.B. 167 and Am. H.B. 304 of the 121st General           27,306       

Assembly, with the new language of neither of the acts shown in    27,307       

capital letters.  This is in recognition of the principle stated   27,308       

in division (B) of section 1.52 of the Revised Code that such      27,309       

amendments are to be harmonized where not substantively            27,310       

irreconcilable and constitutes a legislative finding that such is  27,311       

the resulting version in effect prior to the effective date of     27,312       

this act.