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.