As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. 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, 3119.22, 3119.23, 3119.24, 71
3119.27, 3119.28, 3119.30, 3119.301, 3119.31, 72
3119.33, 3119.34, 3119.35, 3119.37, 3119.38, 73
3119.40, 3119.41, 3119.43, 3119.44, 3119.45,
3119.46, 3119.47, 3119.48, 3119.49, 3119.491, 74
3119.50, 3119.51, 3119.52, 3119.53, 3119.54, 75
3119.56, 3119.57, 3119.58, 3119.60, 3119.61,
3119.63, 3119.64, 3119.65, 3119.66, 3119.67, 76
3119.68, 3119.69, 3119.70, 3119.71, 3119.72, 77
3119.73, 3119.75, 3119.76, 3119.79, 3119.80, 78
3119.81, 3119.82, 3119.83, 3119.84, 3119.86,
3119.87, 3119.88, 3119.89, 3119.90, 3119.91, 79
3119.92, 3119.93, 3119.94, 3121.01, 3121.02, 80
3121.03, 3121.031, 3121.032, 3121.033, 3121.034, 81
3121.035, 3121.036, 3121.037, 3121.038, 3121.039, 82
3121.0310, 3121.0311, 3121.04, 3121.05, 3121.06,
3121.11, 3121.12, 3121.15, 3121.16, 3121.18, 83
3121.19, 3121.20, 3121.21, 3121.23, 3121.24, 84
3121.25, 3121.27, 3121.28, 3121.29, 3121.30, 85
4
3121.33, 3121.34, 3121.35, 3121.36, 3121.37,
3121.371, 3121.372, 3121.38, 3121.381, 3121.39, 86
3121.43, 3121.44, 3121.45, 3121.46, 3121.47, 87
3121.48, 3121.49, 3121.50, 3121.51, 3121.52,
3121.53, 3121.54, 3121.56, 3121.57, 3121.58, 88
3121.59, 3121.60, 3121.63, 3121.64, 3121.65, 89
3121.67, 3121.69, 3121.71, 3121.74, 3121.75, 90
3121.76, 3121.77, 3121.78, 3121.81, 3121.82,
3121.83, 3121.84, 3121.85, 3121.86, 3121.89, 91
3121.891, 3121.892, 3121.893, 3121.894, 3121.895, 92
3121.896, 3121.897, 3121.898, 3121.899,
3121.8910, 3121.8911, 3121.99, 3123.01, 3123.02, 93
3123.03, 3123.031, 3123.04, 3123.05, 3123.06, 94
3123.061, 3123.062, 3123.07, 3123.071, 3123.10,
3123.11, 3123.12, 3123.121, 3123.13, 3123.14, 95
3123.15, 3123.19, 3123.20, 3123.21, 3123.22, 96
3123.24, 3123.25, 3123.26, 3123.27, 3123.28, 97
3123.29, 3123.30, 3123.31, 3123.32, 3123.33,
3123.34, 3123.35, 3123.36, 3123.37, 3123.38, 98
3123.41, 3123.42, 3123.43, 3123.44, 3123.45, 99
3123.46, 3123.47, 3123.471, 3123.48, 3123.49,
3123.50, 3123.52, 3123.53, 3123.54, 3123.55, 100
3123.56, 3123.57, 3123.58, 3123.581, 3123.59, 101
3123.60, 3123.61, 3123.611, 3123.612, 3123.613, 102
3123.614, 3123.615, 3123.63, 3123.66, 3123.67,
3123.68, 3123.69, 3123.70, 3123.71, 3123.72, 103
3123.73, 3123.74, 3123.741, 3123.75, 3123.76, 104
3123.77, 3123.78, 3123.82, 3123.821, 3123.822,
3123.823, 3123.87, 3123.91, 3123.92, 3123.921, 105
3123.93, 3123.931, 3123.932, 3123.95, 3123.951, 106
3123.952, 3123.953, 3123.954, 3123.955, 3123.956, 107
3123.957, 3123.958, 3123.959, 3123.9510, 3123.96,
3123.961, 3123.962, 3123.99, 3125.01, 3125.02, 108
3125.03, 3125.04, 3125.05, 3125.06, 3125.08, 109
5
3125.10, 3125.11, 3125.12, 3125.13, 3125.14, 110
3125.15, 3125.16, 3125.19, 3125.20, 3125.21,
3125.22, 3125.24, 3125.25, 3125.27, 3125.28, 111
3125.29, 3125.30, 3125.36, 3125.37, 3125.39, 112
3125.41, 3125.42, 3125.43, 3125.44, 3125.45,
3125.46, 3125.47, 3125.48, 3125.49, 3125.50, 113
3125.51, 3125.58, 3125.59, 3125.60, and 3125.99; 114
and to repeal sections 2301.34, 2301.35, 115
2301.353, 2301.355, 2301.357, 2301.36, 2301.37,
2301.372, 2301.373, 2301.374, 2301.38, 2301.40, 116
2301.41, 2301.43, 2301.44, 2301.45, 2301.46, 117
3111.19, 3111.20, 3111.21, 3111.211, 3111.22, 118
3111.23, 3111.231, 3111.24, 3111.241, 3111.242,
3111.25, 3111.26, 3111.27, 3111.28, 3113.21, 119
3113.211, 3113.213, 3113.214, 3113.215, 3113.216, 120
3113.217, 3113.218, 5101.31, 5101.311, 5101.312, 121
5101.314, 5101.315, 5101.319, 5101.321, 5101.323,
5101.324, and 5101.325 of the Revised Code to 122
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
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
6
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
(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
7
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, 3119.22, 3119.23, 3119.24, 3119.27, 3119.28, 3119.30, 185
3119.301, 3119.31, 3119.33, 3119.34, 3119.35, 3119.37, 3119.38, 186
3119.40, 3119.41, 3119.43, 3119.44, 3119.45, 3119.46, 3119.47, 187
3119.48, 3119.49, 3119.491, 3119.50, 3119.51, 3119.52, 3119.53, 188
3119.54, 3119.56, 3119.57, 3119.58, 3119.60, 3119.61, 3119.63, 189
3119.64, 3119.65, 3119.66, 3119.67, 3119.68, 3119.69, 3119.70, 190
3119.71, 3119.72, 3119.73, 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, 3121.01, 193
3121.02, 3121.03, 3121.031, 3121.032, 3121.033, 3121.034, 194
3121.035, 3121.036, 3121.037, 3121.038, 3121.039, 3121.0310, 195
3121.0311, 3121.04, 3121.05, 3121.06, 3121.11, 3121.12, 3121.15, 196
3121.16, 3121.18, 3121.19, 3121.20, 3121.21, 3121.23, 3121.24, 197
3121.25, 3121.27, 3121.28, 3121.29, 3121.30, 3121.33, 3121.34, 198
3121.35, 3121.36, 3121.37, 3121.371, 3121.372, 3121.38, 3121.381, 199
3121.39, 3121.43, 3121.44, 3121.45, 3121.46, 3121.47, 3121.48, 200
3121.49, 3121.50, 3121.51, 3121.52, 3121.53, 3121.54, 3121.56, 201
3121.57, 3121.58, 3121.59, 3121.60, 3121.63, 3121.64, 3121.65, 202
3121.67, 3121.69, 3121.71, 3121.74, 3121.75, 3121.76, 3121.77, 203
3121.78, 3121.81, 3121.82, 3121.83, 3121.84, 3121.85, 3121.86, 204
3121.89, 3121.891, 3121.892, 3121.893, 3121.894, 3121.895, 205
3121.896, 3121.897, 3121.898, 3121.899, 3121.8910, 3121.8911, 206
3121.99, 3123.01, 3123.02, 3123.03, 3123.031, 3123.04, 3123.05, 207
8
3123.06, 3123.061, 3123.062, 3123.07, 3123.071, 3123.10, 3123.11, 208
3123.12, 3123.121, 3123.13, 3123.14, 3123.15, 3123.19, 3123.20, 209
3123.21, 3123.22, 3123.24, 3123.25, 3123.26, 3123.27, 3123.28, 210
3123.29, 3123.30, 3123.31, 3123.32, 3123.33, 3123.34, 3123.35, 211
3123.36, 3123.37, 3123.38, 3123.41, 3123.42, 3123.43, 3123.44, 212
3123.45, 3123.46, 3123.47, 3123.471, 3123.48, 3123.49, 3123.50, 213
3123.52, 3123.53, 3123.54, 3123.55, 3123.56, 3123.57, 3123.58, 214
3123.581, 3123.59, 3123.60, 3123.61, 3123.611, 3123.612,
3123.613, 3123.614, 3123.615, 3123.63, 3123.66, 3123.67, 3123.68, 215
3123.69, 3123.70, 3123.71, 3123.72, 3123.73, 3123.74, 3123.741, 216
3123.75, 3123.76, 3123.77, 3123.78, 3123.82, 3123.821, 3123.822, 217
3123.823, 3123.87, 3123.91, 3123.92, 3123.921, 3123.93, 3123.931, 218
3123.932, 3123.95, 3123.951, 3123.952, 3123.953, 3123.954, 219
3123.955, 3123.956, 3123.957, 3123.958, 3123.959, 3123.9510, 220
3123.96, 3123.961, 3123.962, 3123.99, 3125.01, 3125.02, 3125.03, 221
3125.04, 3125.05, 3125.06, 3125.08, 3125.10, 3125.11, 3125.12, 222
3125.13, 3125.14, 3125.15, 3125.16, 3125.19, 3125.20, 3125.21, 223
3125.22, 3125.24, 3125.25, 3125.27, 3125.28, 3125.29, 3125.30, 224
3125.36, 3125.37, 3125.39, 3125.41, 3125.42, 3125.43, 3125.44, 225
3125.45, 3125.46, 3125.47, 3125.48, 3125.49, 3125.50, 3125.51, 226
3125.58, 3125.59, 3125.60, and 3125.99 of the Revised Code be 228
enacted to read as follows:
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
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
9
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
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
10
(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
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
11
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
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.
12
(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
identification and investigation shall establish procedures for 430
all of the following: 431
(1) The forwarding to the bureau of DNA specimens 433
13
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
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
14
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
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
15
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
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
16
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
city, village, township, and school district units, except that 630
"public record" does not mean any of the following:
(a) Medical records; 632
17
(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
(m) Intellectual property records; 675
(n) Donor profile records; 677
(o) Records maintained by the department of human services 679
18
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
(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
19
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
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
20
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
surveys, marketing, solicitation, or resale for commercial 798
purposes.
(c) "Commercial" means profit-seeking production, buying, 800
21
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
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
22
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
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
23
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
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
24
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
(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
25
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
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
26
(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
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
27
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
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;
28
(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
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
29
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
(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
30
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
(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
31
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
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
32
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
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
33
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
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
34
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
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
35
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
(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
36
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
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
37
(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
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
38
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
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
39
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
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
40
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
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
41
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
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
42
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;
(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
43
(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
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
44
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
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
45
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
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
46
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
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
47
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
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
48
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
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
49
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. 2,123
Sec. 2151.232. If an acknowledgment has been filed and 2,132
entered into the birth registry pursuant to section 5101.314 2,133
3111.24 of the Revised Code but has not yet become final, either 2,135
parent who signed the acknowledgment may bring an action in the 2,136
juvenile court under this section requesting that the court issue 2,137
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 2,138
3113.219 CHAPTERS 3119., 3121., 3123., AND 3125. of the Revised 2,140
Code.
The parties to an action under this section may raise the 2,142
issue of the existence or nonexistence of a parent-child 2,143
relationship. If an action is commenced pursuant to this section 2,144
and the issue of the existence or nonexistence of a parent-child 2,145
relationship is raised, the court shall treat the action as an 2,146
action commenced pursuant to sections 3111.01 to 3111.19 3111.18 2,147
of the Revised Code. If the issue is raised, the court shall 2,148
promptly notify the division OFFICE of child support in the 2,149
department of human services that it is conducting proceedings in 2,150
compliance with sections 3111.01 to 3111.19 3111.18 of the
Revised Code. On receipt of the notice by the division OFFICE, 2,151
the acknowledgment of paternity signed by the parties and filed 2,153
50
pursuant to section 5101.314 3111.23 of the Revised Code shall be 2,155
considered rescinded.
If the parties do not raise the issue of the existence or 2,157
nonexistence of a parent-child relationship in the action and an 2,158
order is issued pursuant to this section prior to the date the 2,159
acknowledgment filed and entered on the birth registry under 2,160
section 5101.314 of the Revised Code becomes final, the 2,161
acknowledgment shall be considered final as of the date of the 2,162
issuance of the order. An order issued pursuant to this section
shall not affect an acknowledgment that becomes final pursuant to 2,163
section 5101.314 3111.25 of the Revised Code prior to the 2,164
issuance of the order. 2,165
Sec. 2151.33. (A) Pending hearing of a complaint filed 2,174
under section 2151.27 of the Revised Code or a motion filed or 2,175
made under division (B) of this section and the service of 2,176
citations, the juvenile court may make any temporary disposition 2,177
of any child that it considers necessary to protect the best 2,178
interest of the child and that can be made pursuant to division 2,179
(B) of this section. Upon the certificate of one or more 2,180
reputable practicing physicians, the court may summarily provide 2,181
for emergency medical and surgical treatment that appears to be 2,182
immediately necessary to preserve the health and well-being of 2,183
any child concerning whom a complaint or an application for care 2,184
has been filed, pending the service of a citation upon the 2,185
child's parents, guardian, or custodian. The court may order the 2,186
parents, guardian, or custodian, if the court finds the parents, 2,187
guardian, or custodian able to do so, to reimburse the court for 2,188
the expense involved in providing the emergency medical or 2,189
surgical treatment. Any person who disobeys the order for 2,190
reimbursement may be adjudged in contempt of court and punished 2,191
accordingly. 2,192
If the emergency medical or surgical treatment is furnished 2,194
to a child who is found at the hearing to be a nonresident of the 2,195
county in which the court is located and if the expense of the 2,196
51
medical or surgical treatment cannot be recovered from the 2,197
parents, legal guardian, or custodian of the child, the board of 2,198
county commissioners of the county in which the child has a legal 2,199
settlement shall reimburse the court for the reasonable cost of 2,200
the emergency medical or surgical treatment out of its general 2,201
fund. 2,202
(B)(1) After a complaint, petition, writ, or other 2,204
document initiating a case dealing with an alleged or adjudicated 2,205
abused, neglected, or dependent child is filed and upon the 2,206
filing or making of a motion pursuant to division (C) of this 2,207
section, the court, prior to the final disposition of the case, 2,208
may issue any of the following temporary orders to protect the 2,209
best interest of the child: 2,210
(a) An order granting temporary custody of the child to a 2,212
particular party; 2,213
(b) An order for the taking of the child into custody 2,215
pursuant to section 2151.31 of the Revised Code pending the 2,216
outcome of the adjudicatory and dispositional hearings; 2,217
(c) An order granting, limiting, or eliminating PARENTING 2,219
TIME OR visitation rights with respect to the child; 2,220
(d) An order requiring a party to vacate a residence that 2,222
will be lawfully occupied by the child; 2,223
(e) An order requiring a party to attend an appropriate 2,225
counseling program that is reasonably available to that party; 2,226
(f) Any other order that restrains or otherwise controls 2,228
the conduct of any party which conduct would not be in the best 2,229
interest of the child. 2,230
(2) Prior to the final disposition of a case subject to 2,232
division (B)(1) of this section, the court shall do both of the 2,233
following:
(a) Issue an order pursuant to sections 3113.21 to 2,235
3113.219 CHAPTERS 3119. TO 3125. of the Revised Code requiring 2,236
the parents, guardian, or person charged with the child's support 2,238
to pay support for the child.
52
(b) Issue an order requiring the parents, guardian, or 2,240
person charged with the child's support to continue to maintain 2,241
any health insurance coverage for the child that existed at the 2,242
time of the filing of the complaint, petition, writ, or other 2,243
document, or to obtain health insurance coverage in accordance 2,244
with section 3113.217 SECTIONS 3119.30 TO 3119.58 of the Revised 2,246
Code.
(C)(1) A court may issue an order pursuant to division (B) 2,248
of this section upon its own motion or if a party files a written 2,250
motion or makes an oral motion requesting the issuance of the 2,251
order and stating the reasons for it. Any notice sent by the 2,252
court as a result of a motion pursuant to this division shall 2,253
contain a notice that any party to a juvenile proceeding has the 2,254
right to be represented by counsel and to have appointed counsel 2,256
if the person is indigent.
(2) If a child is taken into custody pursuant to section 2,258
2151.31 of the Revised Code and placed in shelter care, the 2,259
public children services agency or private child placing agency 2,260
with which the child is placed in shelter care shall file or make 2,261
a motion as described in division (C)(1) of this section before 2,262
the end of the next day immediately after the date on which the 2,264
child was taken into custody and, at a minimum, shall request an 2,265
order for temporary custody under division (B)(1)(a) of this 2,266
section.
(D) The court may grant an ex parte order upon its own 2,269
motion or a motion filed or made pursuant to division (C) of this 2,270
section requesting such an order if it appears to the court that 2,272
the best interest and the welfare of the child require that the 2,273
court issue the order immediately. The court, if acting on its 2,274
own motion, or the person requesting the granting of an ex parte 2,275
order, to the extent possible, shall give notice of its intent or 2,276
of the request to the parents, guardian, or custodian of the 2,277
child who is the subject of the request. If the court issues an 2,278
ex parte order, the court shall hold a hearing to review the 2,279
53
order within seventy-two hours after it is issued or before the 2,280
end of the next day after the day on which it is issued, 2,281
whichever occurs first. The court shall give written notice of 2,282
the hearing to all parties to the action and shall appoint a 2,283
guardian ad litem for the child prior to the hearing. 2,284
The written notice shall be given by all means that are 2,286
reasonably likely to result in the party receiving actual notice 2,287
and shall include all of the following: 2,288
(1) The date, time, and location of the hearing; 2,290
(2) The issues to be addressed at the hearing; 2,292
(3) A statement that every party to the hearing has a 2,294
right to counsel and to court-appointed counsel, if the party is 2,295
indigent; 2,296
(4) The name, telephone number, and address of the person 2,298
requesting the order; 2,299
(5) A copy of the order, except when it is not possible to 2,301
obtain it because of the exigent circumstances in the case. 2,302
If the court does not grant an ex parte order pursuant to a 2,304
motion filed or made pursuant to division (C) of this section or 2,306
its own motion, the court shall hold a shelter care hearing on 2,307
the motion within ten days after the motion is filed. The court 2,308
shall give notice of the hearing to all affected parties in the 2,309
same manner as set forth in the Juvenile Rules.
(E) The court, pending the outcome of the adjudicatory and 2,311
dispositional hearings, shall not issue an order granting 2,312
temporary custody of a child to a public children services agency 2,313
or private child placing agency pursuant to this section, unless 2,314
the court determines and specifically states in the order that 2,315
the continued residence of the child in the child's current home 2,316
will be contrary to the child's best interest and welfare. 2,317
(F) Each public children services agency and private child 2,319
placing agency that receives temporary custody of a child 2,320
pursuant to this section shall maintain in the child's case 2,321
record written documentation that it has placed the child, to the 2,322
54
extent that it is consistent with the best interest, welfare, and 2,323
special needs of the child, in the most family-like setting 2,324
available and in close proximity to the home of the parents, 2,325
custodian, or guardian of the child. 2,326
(G) For good cause shown, any court order that is issued 2,328
pursuant to this section may be reviewed by the court at any time 2,329
upon motion of any party to the action or upon the motion of the 2,330
court. 2,331
Sec. 2151.36. When a child has been committed as provided 2,340
by this chapter, the juvenile court shall issue an order pursuant 2,342
to sections 3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 2,343
3125. of the Revised Code requiring that the parent, guardian, or 2,346
person charged with the child's support pay for the care,
support, maintenance, and education of the child. The juvenile 2,348
court shall order that the parents, guardian, or person pay for 2,350
the expenses involved in providing orthopedic, medical, or 2,351
surgical treatment for, or for special care of, the child, enter 2,352
a judgment for the amount due, and enforce the judgment by 2,353
execution as in the court of common pleas.
Any expenses incurred for the care, support, maintenance, 2,355
education, orthopedic, medical, or surgical treatment, and 2,357
special care of a child who has a legal settlement in another 2,358
county shall be at the expense of the county of legal settlement 2,359
if the consent of the juvenile judge of the county of legal 2,360
settlement is first obtained. When the consent is obtained, the 2,361
board of county commissioners of the county in which the child 2,362
has a legal settlement shall reimburse the committing court for 2,363
the expenses out of its general fund. If the department of human 2,364
services considers it to be in the best interest of any 2,365
delinquent, dependent, unruly, abused, or neglected child who has 2,366
a legal settlement in a foreign state or country that the child 2,367
be returned to the state or country of legal settlement, the 2,368
juvenile court may commit the child to the department for the 2,369
child's return to that state or country. 2,370
55
Any expenses ordered by the court for the care, support, 2,373
maintenance, education, orthopedic, medical, or surgical
treatment, or special care of a dependent, neglected, abused, 2,375
unruly, or delinquent child or of a juvenile traffic offender
under this chapter, except the part of the expense that may be 2,377
paid by the state or federal government or paid by the parents, 2,379
guardians, or person charged with the child's support pursuant to 2,380
this section, shall be paid from the county treasury upon 2,381
specifically itemized vouchers, certified to by the judge. The 2,382
court shall not be responsible for any expenses resulting from 2,384
the commitment of children to any home, public children services 2,385
agency, private child placing agency, or other institution, 2,386
association, or agency, unless the court authorized the expenses 2,389
at the time of commitment.
Sec. 2151.49. In every case of conviction under sections 2,398
2151.01 to 2151.54 of the Revised Code, where imprisonment is 2,399
imposed as part of the punishment, the juvenile judge may suspend 2,400
sentence, before or during commitment, upon such condition as the 2,401
juvenile judge imposes. In the case of conviction for 2,402
non-support NONSUPPORT of a child who is receiving aid under 2,403
Chapter 5107. or 5115. of the Revised Code, if the juvenile judge 2,404
suspends sentence on condition that the person make payments for 2,405
support, the payment shall be made to the county department of 2,406
human services rather than to the child or custodian of the
child.
The court, in accordance with section 3113.217 SECTIONS 2,408
3119.30 TO 3119.58 of the Revised Code, shall include in each 2,409
support order made under this section the requirement that one or 2,410
both of the parents provide for the health care needs of the 2,411
child to the satisfaction of the court. 2,412
Sec. 2301.03. (A) In Franklin county, the judges of the 2,421
court of common pleas whose terms begin on January 1, 1953, 2,422
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 2,423
1997, and successors, shall have the same qualifications, 2,424
56
exercise the same powers and jurisdiction, and receive the same 2,425
compensation as other judges of the court of common pleas of 2,426
Franklin county and shall be elected and designated as judges of 2,427
the court of common pleas, division of domestic relations. They 2,428
shall have all the powers relating to juvenile courts, and all 2,429
cases under Chapter 2151. of the Revised Code, all parentage 2,430
proceedings under Chapter 3111. of the Revised Code over which 2,431
the juvenile court has jurisdiction, and all divorce, dissolution 2,432
of marriage, legal separation, and annulment cases shall be 2,433
assigned to them. In addition to the judge's regular duties, the 2,434
judge who is senior in point of service shall serve on the 2,436
children services board and the county advisory board and shall 2,437
be the administrator of the domestic relations division and its 2,438
subdivisions and departments.
(B)(1) In Hamilton county, the judge of the court of 2,440
common pleas, whose term begins on January 1, 1957, and 2,441
successors, and the judge of the court of common pleas, whose 2,442
term begins on February 14, 1967, and successors, shall be the 2,443
juvenile judges as provided in Chapter 2151. of the Revised Code, 2,444
with the powers and jurisdiction conferred by that chapter. 2,445
(2) The judges of the court of common pleas whose terms 2,447
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and 2,448
successors, shall be elected and designated as judges of the 2,449
court of common pleas, division of domestic relations, and shall 2,450
have assigned to them all divorce, dissolution of marriage, legal 2,451
separation, and annulment cases coming before the court. On or 2,452
after the first day of July and before the first day of August of 2,453
1991 and each year thereafter, a majority of the judges of the 2,454
division of domestic relations shall elect one of the judges of 2,455
the division as administrative judge of that division. If a 2,456
majority of the judges of the division of domestic relations are 2,457
unable for any reason to elect an administrative judge for the 2,459
division before the first day of August, a majority of the judges 2,460
of the Hamilton county court of common pleas, as soon as possible 2,461
57
after that date, shall elect one of the judges of the division of 2,462
domestic relations as administrative judge of that division. The 2,463
term of the administrative judge shall begin on the earlier of 2,464
the first day of August of the year in which the administrative 2,465
judge is elected or the date on which the administrative judge is 2,467
elected by a majority of the judges of the Hamilton county court 2,470
of common pleas and shall terminate on the date on which the 2,471
administrative judge's successor is elected in the following 2,472
year. 2,473
In addition to the judge's regular duties, the 2,475
administrative judge of the division of domestic relations shall 2,477
be the administrator of the domestic relations division and its 2,478
subdivisions and departments and shall have charge of the 2,479
employment, assignment, and supervision of the personnel of the 2,480
division engaged in handling, servicing, or investigating 2,481
divorce, dissolution of marriage, legal separation, and annulment 2,482
cases, including any referees considered necessary by the judges 2,483
in the discharge of their various duties. 2,484
The administrative judge of the division of domestic 2,486
relations also shall designate the title, compensation, expense 2,487
allowances, hours, leaves of absence, and vacations of the 2,488
personnel of the division, and shall fix the duties of its 2,489
personnel. The duties of the personnel, in addition to those 2,490
provided for in other sections of the Revised Code, shall include 2,491
the handling, servicing, and investigation of divorce, 2,492
dissolution of marriage, legal separation, and annulment cases 2,493
and counseling and conciliation services that may be made 2,494
available to persons requesting them, whether or not the persons 2,495
are parties to an action pending in the division. 2,496
The board of county commissioners shall appropriate the sum 2,498
of money each year as will meet all the administrative expenses 2,499
of the division of domestic relations, including reasonable 2,500
expenses of the domestic relations judges and the division 2,501
counselors and other employees designated to conduct the 2,502
58
handling, servicing, and investigation of divorce, dissolution of 2,503
marriage, legal separation, and annulment cases, conciliation and 2,504
counseling, and all matters relating to those cases and 2,505
counseling, and the expenses involved in the attendance of 2,506
division personnel at domestic relations and welfare conferences 2,507
designated by the division, and the further sum each year as will 2,508
provide for the adequate operation of the division of domestic 2,509
relations. 2,510
The compensation and expenses of all employees and the 2,512
salary and expenses of the judges shall be paid by the county 2,513
treasurer from the money appropriated for the operation of the 2,514
division, upon the warrant of the county auditor, certified to by 2,515
the administrative judge of the division of domestic relations. 2,516
The summonses, warrants, citations, subpoenas, and other 2,518
writs of the division may issue to a bailiff, constable, or staff 2,519
investigator of the division or to the sheriff of any county or 2,520
any marshal, constable, or police officer, and the provisions of 2,521
law relating to the subpoenaing of witnesses in other cases shall 2,522
apply insofar as they are applicable. When a summons, warrant, 2,523
citation, subpoena, or other writ is issued to an officer, other 2,524
than a bailiff, constable, or staff investigator of the division, 2,525
the expense of serving it shall be assessed as a part of the 2,526
costs in the case involved. 2,527
(3) The judge of the court of common pleas of Hamilton 2,530
County whose term begins on January 3, 1997, shall be elected and 2,531
designated for one term only as the drug court judge of the court 2,532
of common pleas of Hamilton County, and the successors to that 2,534
judge shall be elected and designated as judges of the general 2,535
division of the court of common pleas of Hamilton county and 2,536
shall not have the authority granted by division (B)(3) of this 2,537
section. The drug court judge may accept or reject any case 2,538
referred to the drug court judge under division (B)(3) of this 2,539
section. After the drug court judge accepts a referred case, the 2,540
drug court judge has full authority over the case, including the 2,541
59
authority to conduct arraignment, accept pleas, enter findings 2,542
and dispositions, conduct trials, order treatment, and if 2,543
treatment is not successfully completed pronounce and enter 2,544
sentence.
A judge of the general division of the court of common 2,546
pleas of Hamilton County and a judge of the Hamilton County 2,548
municipal court may refer to the drug court judge any case, and 2,549
any companion cases, the judge determines meet the criteria 2,550
described under divisions (B)(3)(a) and (b) of this section. If 2,552
the drug court judge accepts referral of a referred case, the 2,553
case, and any companion cases, shall be transferred to the drug 2,555
court judge. A judge may refer a case meeting the criteria
described in divisions (B)(3)(a) and (b) of this section that 2,557
involves a violation of a term of probation to the drug court 2,558
judge, and, if the drug court judge accepts the referral, the 2,560
referring judge and the drug court judge have concurrent 2,561
jurisdiction over the case.
A judge of the general division of the court of common 2,563
pleas of Hamilton County and a judge of the Hamilton County 2,564
municipal court may refer a case to the drug court judge under 2,565
division (B)(3) of this section if the judge determines that both 2,566
of the following apply:
(a) One of the following applies: 2,568
(i) The case involves a drug abuse offense, as defined in 2,570
section 2925.01 of the Revised Code, that is a felony of the 2,572
third or fourth degree if the offense is committed prior to July 2,573
1, 1996, a felony of the third, fourth, or fifth degree if the 2,574
offense is committed on or after July 1, 1996, or a misdemeanor. 2,575
(ii) The case involves a theft offense, as defined in 2,577
section 2913.01 of the Revised Code, that is a felony of the 2,579
third or fourth degree if the offense is committed prior to July 2,580
1, 1996, a felony of the third, fourth, or fifth degree if the 2,581
offense is committed on or after July 1, 1996, or a misdemeanor, 2,582
and the defendant is drug or alcohol dependent or in danger of 2,583
60
becoming drug or alcohol dependent and would benefit from 2,584
treatment.
(b) All of the following apply: 2,586
(i) The case involves a probationable offense or a case in 2,588
which a mandatory prison term is not required to be imposed. 2,589
(ii) The defendant has no history of violent behavior. 2,591
(iii) The defendant has no history of mental illness. 2,593
(iv) The defendant's current or past behavior, or both, is 2,595
drug or alcohol driven. 2,596
(v) The defendant demonstrates a sincere willingness to 2,598
participate in a fifteen-month treatment process. 2,599
(vi) The defendant has no acute health condition. 2,601
(vii) If the defendant is incarcerated, the county 2,603
prosecutor approves of the referral. 2,604
(4) If the administrative judge of the court of common 2,606
pleas of Hamilton county determines that the volume of cases 2,607
pending before the drug court judge does not constitute a 2,608
sufficient caseload for the drug court judge, the administrative 2,609
judge, in accordance with the Rules of Superintendence for Courts 2,610
of Common Pleas, shall assign individual cases to the drug court 2,611
judge from the general docket of the court. If the assignments 2,612
so occur, the administrative judge shall cease the assignments 2,613
when the administrative judge determines that the volume of cases 2,614
pending before the drug court judge constitutes a sufficient 2,615
caseload for the drug court judge.
(C) In Lorain county, the judges of the court of common 2,617
pleas whose terms begin on January 3, 1959, January 4, 1989, and 2,618
January 2, 1999, and successors, shall have the same 2,620
qualifications, exercise the same powers and jurisdiction, and 2,621
receive the same compensation as the other judges of the court of 2,622
common pleas of Lorain county and shall be elected and designated 2,623
as the judges of the court of common pleas, division of domestic 2,624
relations. They shall have all of the powers relating to 2,625
juvenile courts, and all cases under Chapter 2151. of the Revised 2,626
61
Code, all parentage proceedings over which the juvenile court has 2,627
jurisdiction, and all divorce, dissolution of marriage, legal 2,628
separation, and annulment cases shall be assigned to them, except 2,629
cases that for some special reason are assigned to some other 2,630
judge of the court of common pleas. 2,631
(D)(1) In Lucas county, the judges of the court of common 2,633
pleas whose terms begin on January 1, 1955, and January 3, 1965, 2,634
and successors, shall have the same qualifications, exercise the 2,635
same powers and jurisdiction, and receive the same compensation 2,636
as other judges of the court of common pleas of Lucas county and 2,637
shall be elected and designated as judges of the court of common 2,638
pleas, division of domestic relations. All divorce, dissolution 2,639
of marriage, legal separation, and annulment cases shall be 2,640
assigned to them. 2,641
The judge of the division of domestic relations, senior in 2,643
point of service, shall be considered as the presiding judge of 2,644
the court of common pleas, division of domestic relations, and 2,645
shall be charged exclusively with the assignment and division of 2,646
the work of the division and the employment and supervision of 2,647
all other personnel of the domestic relations division. 2,648
(2) The judges of the court of common pleas whose terms 2,650
begin on January 5, 1977, and January 2, 1991, and successors 2,651
shall have the same qualifications, exercise the same powers and 2,652
jurisdiction, and receive the same compensation as other judges 2,653
of the court of common pleas of Lucas county, shall be elected 2,654
and designated as judges of the court of common pleas, juvenile 2,655
division, and shall be the juvenile judges as provided in Chapter 2,656
2151. of the Revised Code with the powers and jurisdictions 2,657
conferred by that chapter. In addition to the judge's regular 2,659
duties, the judge of the court of common pleas, juvenile 2,660
division, senior in point of service, shall be the administrator 2,661
of the juvenile division and its subdivisions and departments and 2,662
shall have charge of the employment, assignment, and supervision 2,663
of the personnel of the division engaged in handling, servicing, 2,664
62
or investigating juvenile cases, including any referees 2,665
considered necessary by the judges of the division in the 2,666
discharge of their various duties. 2,667
The judge of the court of common pleas, juvenile division, 2,669
senior in point of service, also shall designate the title, 2,670
compensation, expense allowance, hours, leaves of absence, and 2,671
vacation of the personnel of the division and shall fix the 2,672
duties of the personnel of the division. The duties of the 2,673
personnel, in addition to other statutory duties include the 2,674
handling, servicing, and investigation of juvenile cases and 2,675
counseling and conciliation services that may be made available 2,676
to persons requesting them, whether or not the persons are 2,677
parties to an action pending in the division. 2,678
(3) If one of the judges of the court of common pleas, 2,680
division of domestic relations, or one of the judges of the 2,681
juvenile division is sick, absent, or unable to perform that 2,682
judge's judicial duties or the volume of cases pending in that 2,684
judge's division necessitates it, the duties shall be performed 2,685
by the judges of the other of those divisions. 2,687
(E)(1) In Mahoning county, the judge of the court of 2,689
common pleas whose term began on January 1, 1955, and successors, 2,690
shall have the same qualifications, exercise the same powers and 2,691
jurisdiction, and receive the same compensation as other judges 2,692
of the court of common pleas of Mahoning county, shall be elected 2,693
and designated as judge of the court of common pleas, division of 2,694
domestic relations, and shall be assigned all the divorce, 2,697
dissolution of marriage, legal separation, and annulment cases 2,698
coming before the court. In addition to the judge's regular 2,699
duties, the judge of the court of common pleas, division of
domestic relations, shall be the administrator of the domestic 2,700
relations division and its subdivisions and departments and shall 2,701
have charge of the employment, assignment, and supervision of the 2,702
personnel of the division engaged in handling, servicing, or 2,703
investigating divorce, dissolution of marriage, legal separation, 2,704
63
and annulment cases, including any referees considered necessary 2,705
in the discharge of the various duties of the judge's office. 2,707
The judge also shall designate the title, compensation, 2,709
expense allowances, hours, leaves of absence, and vacations of 2,710
the personnel of the division and shall fix the duties of the 2,711
personnel of the division. The duties of the personnel, in 2,712
addition to other statutory duties, include the handling, 2,713
servicing, and investigation of divorce, dissolution of marriage, 2,714
legal separation, and annulment cases and counseling and 2,715
conciliation services that may be made available to persons 2,716
requesting them, whether or not the persons are parties to an 2,717
action pending in the division. 2,718
(2) The judge of the court of common pleas whose term 2,720
began on January 2, 1969, and successors, shall have the same 2,721
qualifications, exercise the same powers and jurisdiction, and 2,722
receive the same compensation as other judges of the court of 2,723
common pleas of Mahoning county, shall be elected and designated 2,724
as judge of court of common pleas, juvenile division, and shall 2,725
be the juvenile judge as provided in Chapter 2151. of the Revised 2,726
Code, with the powers and jurisdictions conferred by that 2,727
chapter. In addition to the judge's regular duties, the judge of 2,729
the court of common pleas, juvenile division, shall be the 2,730
administrator of the juvenile division and its subdivisions and 2,731
departments and shall have charge of the employment, assignment, 2,732
and supervision of the personnel of the division engaged in 2,733
handling, servicing, or investigating juvenile cases, including 2,734
any referees considered necessary by the judge in the discharge 2,735
of the judge's various duties. 2,736
The judge also shall designate the title, compensation, 2,738
expense allowances, hours, leaves of absence, and vacation of the 2,739
personnel of the division and shall fix the duties of the 2,740
personnel of the division. The duties of the personnel, in 2,741
addition to other statutory duties, include the handling, 2,742
servicing, and investigation of juvenile cases and counseling and 2,743
64
conciliation services that may be made available to persons 2,744
requesting them, whether or not the persons are parties to an 2,745
action pending in the division. 2,746
(3) If a judge of the court of common pleas, division of 2,748
domestic relations or juvenile division, is sick, absent, or 2,749
unable to perform that judge's judicial duties, or the volume of 2,751
cases pending in that judge's division necessitates it, that 2,753
judge's duties shall be performed by another judge of the court 2,754
of common pleas.
(F)(1) In Montgomery county, the judges of the court of 2,756
common pleas whose terms begin on January 2, 1953, and January 4, 2,757
1977, and successors, shall have the same qualifications, 2,758
exercise the same powers and jurisdiction, and receive the same 2,759
compensation as other judges of the court of common pleas of 2,760
Montgomery county and shall be elected and designated as judges 2,761
of the court of common pleas, division of domestic relations. 2,762
These judges shall have assigned to them all divorce, dissolution 2,763
of marriage, legal separation, and annulment cases. 2,764
The judge of the division of domestic relations, senior in 2,766
point of service, shall be charged exclusively with the 2,767
assignment and division of the work of the division and shall 2,768
have charge of the employment and supervision of the personnel of 2,769
the division engaged in handling, servicing, or investigating 2,770
divorce, dissolution of marriage, legal separation, and annulment 2,771
cases, including any necessary referees, except those employees 2,772
who may be appointed by the judge, junior in point of service, 2,773
under this section and sections 2301.12, 2301.18, and 2301.19 of 2,774
the Revised Code. The judge of the division of domestic 2,775
relations, senior in point of service, also shall designate the 2,776
title, compensation, expense allowances, hours, leaves of 2,777
absence, and vacation of the personnel of the division and shall 2,778
fix their duties. 2,779
(2) The judges of the court of common pleas whose terms 2,781
begin on January 1, 1953, and January 1, 1993, and successors, 2,782
65
shall have the same qualifications, exercise the same powers and 2,783
jurisdiction, and receive the same compensation as other judges 2,784
of the court of common pleas of Montgomery county, shall be 2,785
elected and designated as judges of the court of common pleas, 2,786
juvenile division, and shall be, and have the powers and 2,787
jurisdiction of, the juvenile judge as provided in Chapter 2151. 2,788
of the Revised Code. 2,789
In addition to the judge's regular duties, the judge of the 2,791
court of common pleas, juvenile division, senior in point of 2,793
service, shall be the administrator of the juvenile division and 2,794
its subdivisions and departments and shall have charge of the 2,795
employment, assignment, and supervision of the personnel of the 2,796
juvenile division, including any necessary referees, who are 2,797
engaged in handling, servicing, or investigating juvenile cases. 2,798
The judge, senior in point of service, also shall designate the 2,799
title, compensation, expense allowances, hours, leaves of 2,800
absence, and vacation of the personnel of the division and shall 2,801
fix their duties. The duties of the personnel, in addition to 2,802
other statutory duties, shall include the handling, servicing, 2,803
and investigation of juvenile cases and of any counseling and 2,804
conciliation services that are available upon request to persons, 2,805
whether or not they are parties to an action pending in the 2,806
division. 2,807
If one of the judges of the court of common pleas, division 2,809
of domestic relations, or one of the judges of the court of 2,810
common pleas, juvenile division, is sick, absent, or unable to 2,811
perform that judge's duties or the volume of cases pending in 2,813
that judge's division necessitates it, the duties of that judge 2,815
may be performed by the judge or judges of the other of those 2,816
divisions.
(G) In Richland county, the judge of the court of common 2,818
pleas whose term begins on January 1, 1957, and successors, shall 2,819
have the same qualifications, exercise the same powers and 2,820
jurisdiction, and receive the same compensation as the other 2,821
66
judges of the court of common pleas of Richland county and shall 2,822
be elected and designated as judge of the court of common pleas, 2,823
division of domestic relations. That judge shall have all of the 2,825
powers relating to juvenile courts, and all cases under Chapter 2,826
2151. of the Revised Code, all parentage proceedings over which 2,827
the juvenile court has jurisdiction, and all divorce, dissolution 2,828
of marriage, legal separation, and annulment cases shall be 2,829
assigned to that judge, except in cases that for some special 2,830
reason are assigned to some other judge of the court of common 2,832
pleas.
(H) In Stark county, the judges of the court of common 2,834
pleas whose terms begin on January 1, 1953, January 2, 1959, and 2,835
January 1, 1993, and successors, shall have the same 2,836
qualifications, exercise the same powers and jurisdiction, and 2,837
receive the same compensation as other judges of the court of 2,838
common pleas of Stark county and shall be elected and designated 2,839
as judges of the court of common pleas, division of domestic 2,840
relations. They shall have all the powers relating to juvenile 2,841
courts, and all cases under Chapter 2151. of the Revised Code, 2,842
all parentage proceedings over which the juvenile court has 2,843
jurisdiction, and all divorce, dissolution of marriage, legal 2,844
separation, and annulment cases, except cases that are assigned 2,845
to some other judge of the court of common pleas for some special 2,846
reason, shall be assigned to the judges. 2,847
The judge of the division of domestic relations, second 2,849
most senior in point of service, shall have charge of the 2,850
employment and supervision of the personnel of the division 2,851
engaged in handling, servicing, or investigating divorce, 2,852
dissolution of marriage, legal separation, and annulment cases, 2,853
and necessary referees required for the judge's respective court. 2,855
The judge of the division of domestic relations, senior in 2,857
point of service, shall be charged exclusively with the 2,858
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 2,859
of the Revised Code and with the assignment and division of the 2,860
67
work of the division and the employment and supervision of all 2,861
other personnel of the division, including, but not limited to, 2,862
that judge's necessary referees, but excepting those employees 2,864
who may be appointed by the judge second most senior in point of 2,865
service. The senior judge further shall serve in every other 2,867
position in which the statutes permit or require a juvenile judge 2,868
to serve.
(I) In Summit county: 2,870
(1) The judges of the court of common pleas whose terms 2,872
begin on January 4, 1967, and January 6, 1993, and successors, 2,873
shall have the same qualifications, exercise the same powers and 2,874
jurisdiction, and receive the same compensation as other judges 2,875
of the court of common pleas of Summit county and shall be 2,876
elected and designated as judges of the court of common pleas, 2,877
division of domestic relations. The judges of the division of 2,878
domestic relations shall have assigned to them and hear all 2,879
divorce, dissolution of marriage, legal separation, and annulment 2,880
cases that come before the court. 2,881
The judge of the division of domestic relations, senior in 2,883
point of service, shall be the administrator of the domestic 2,884
relations division and its subdivisions and departments and shall 2,885
have charge of the employment, assignment, and supervision of the 2,886
personnel of the division, including any necessary referees, who 2,887
are engaged in handling, servicing, or investigating divorce, 2,888
dissolution of marriage, legal separation, and annulment cases. 2,889
That judge also shall designate the title, compensation, expense 2,890
allowances, hours, leaves of absence, and vacations of the 2,891
personnel of the division and shall fix their duties. The duties 2,892
of the personnel, in addition to other statutory duties, shall 2,893
include the handling, servicing, and investigation of divorce, 2,894
dissolution of marriage, legal separation, and annulment cases 2,895
and of any counseling and conciliation services that are 2,896
available upon request to all persons, whether or not they are 2,897
parties to an action pending in the division. 2,898
68
(2) The judge of the court of common pleas whose term 2,900
begins on January 1, 1955, and successors, shall have the same 2,901
qualifications, exercise the same powers and jurisdiction, and 2,902
receive the same compensation as other judges of the court of 2,903
common pleas of Summit county, shall be elected and designated as 2,904
judge of the court of common pleas, juvenile division, and shall 2,905
be, and have the powers and jurisdiction of, the juvenile judge 2,906
as provided in Chapter 2151. of the Revised Code. 2,907
The juvenile judge shall be the administrator of the 2,909
juvenile division and its subdivisions and departments and shall 2,910
have charge of the employment, assignment, and supervision of the 2,911
personnel of the juvenile division, including any necessary 2,912
referees, who are engaged in handling, servicing, or 2,913
investigating juvenile cases. The judge also shall designate the 2,914
title, compensation, expense allowances, hours, leaves of 2,915
absence, and vacation of the personnel of the division and shall 2,916
fix their duties. The duties of the personnel, in addition to 2,917
other statutory duties, shall include the handling, servicing, 2,918
and investigation of juvenile cases and of any counseling and 2,919
conciliation services that are available upon request to persons, 2,920
whether or not they are parties to an action pending in the 2,921
division. 2,922
(J) In Trumbull county, the judges of the court of common 2,924
pleas whose terms begin on January 1, 1953, and January 2, 1977, 2,925
and successors, shall have the same qualifications, exercise the 2,926
same powers and jurisdiction, and receive the same compensation 2,927
as other judges of the court of common pleas of Trumbull county 2,928
and shall be elected and designated as judges of the court of 2,929
common pleas, division of domestic relations. They shall have 2,930
all the powers relating to juvenile courts, and all cases under 2,931
Chapter 2151. of the Revised Code, all parentage proceedings over 2,932
which the juvenile court has jurisdiction, and all divorce, 2,933
dissolution of marriage, legal separation, and annulment cases 2,934
shall be assigned to them, except cases that for some special 2,935
69
reason are assigned to some other judge of the court of common 2,936
pleas. 2,937
(K) In Butler county: 2,939
(1) The judges of the court of common pleas whose terms 2,941
begin on January 1, 1957, and January 4, 1993, and successors, 2,942
shall have the same qualifications, exercise the same powers and 2,943
jurisdiction, and receive the same compensation as other judges 2,944
of the court of common pleas of Butler county and shall be 2,945
elected and designated as judges of the court of common pleas, 2,946
division of domestic relations. The judges of the division of 2,947
domestic relations shall have assigned to them all divorce, 2,948
dissolution of marriage, legal separation, and annulment cases 2,949
coming before the court, except in cases that for some special 2,950
reason are assigned to some other judge of the court of common 2,951
pleas. The judge senior in point of service shall be charged 2,952
with the assignment and division of the work of the division and 2,953
with the employment and supervision of all other personnel of the 2,954
domestic relations division. 2,955
The judge senior in point of service also shall designate 2,957
the title, compensation, expense allowances, hours, leaves of 2,958
absence, and vacations of the personnel of the division and shall 2,959
fix their duties. The duties of the personnel, in addition to 2,960
other statutory duties, shall include the handling, servicing, 2,961
and investigation of divorce, dissolution of marriage, legal 2,962
separation, and annulment cases and providing any counseling and 2,963
conciliation services that the division makes available to 2,964
persons, whether or not the persons are parties to an action 2,965
pending in the division, who request the services. 2,966
(2) The judge of the court of common pleas whose term 2,968
begins on January 3, 1987, and successors, shall have the same 2,969
qualifications, exercise the same powers and jurisdiction, and 2,970
receive the same compensation as other judges of the court of 2,971
common pleas of Butler county, shall be elected and designated as 2,972
judge of the court of common pleas, juvenile division, and shall 2,973
70
be the juvenile judge as provided in Chapter 2151. of the Revised 2,974
Code, with the powers and jurisdictions conferred by that 2,975
chapter. The judge of the court of common pleas, juvenile 2,976
division, shall be the administrator of the juvenile division and 2,977
its subdivisions and departments. The judge shall have charge of 2,978
the employment, assignment, and supervision of the personnel of 2,979
the juvenile division who are engaged in handling, servicing, or 2,980
investigating juvenile cases, including any referees whom the 2,981
judge considers necessary for the discharge of the judge's 2,982
various duties. 2,983
The judge also shall designate the title, compensation, 2,985
expense allowances, hours, leaves of absence, and vacation of the 2,986
personnel of the division and shall fix their duties. The duties 2,987
of the personnel, in addition to other statutory duties, include 2,988
the handling, servicing, and investigation of juvenile cases and 2,989
providing any counseling and conciliation services that the 2,990
division makes available to persons, whether or not the persons 2,991
are parties to an action pending in the division, who request the 2,992
services. 2,993
(3) If a judge of the court of common pleas, division of 2,995
domestic relations or juvenile division, is sick, absent, or 2,996
unable to perform that judge's judicial duties or the volume of 2,998
cases pending in the judge's division necessitates it, the duties 3,000
of that judge shall be performed by the other judges of the 3,001
domestic relations and juvenile divisions. 3,002
(L)(1) In Cuyahoga county, the judges of the court of 3,004
common pleas whose terms begin on January 8, 1961, January 9, 3,005
1961, January 18, 1975, January 19, 1975, and January 13, 1987, 3,006
and successors, shall have the same qualifications, exercise the 3,007
same powers and jurisdiction, and receive the same compensation 3,008
as other judges of the court of common pleas of Cuyahoga county 3,009
and shall be elected and designated as judges of the court of 3,010
common pleas, division of domestic relations. They shall have 3,011
all the powers relating to all divorce, dissolution of marriage, 3,012
71
legal separation, and annulment cases, except in cases that are 3,013
assigned to some other judge of the court of common pleas for 3,014
some special reason. 3,015
(2) The administrative judge is administrator of the 3,017
domestic relations division and its subdivisions and departments 3,018
and has the following powers concerning division personnel: 3,019
(a) Full charge of the employment, assignment, and 3,021
supervision; 3,022
(b) Sole determination of compensation, duties, expenses, 3,024
allowances, hours, leaves, and vacations. 3,025
(3) "Division personnel" include persons employed or 3,027
referees engaged in hearing, servicing, investigating, 3,028
counseling, or conciliating divorce, dissolution of marriage, 3,029
legal separation and annulment matters. 3,030
(M) In Lake county: 3,032
(1) The judge of the court of common pleas whose term 3,034
begins on January 2, 1961, and successors, shall have the same 3,035
qualifications, exercise the same powers and jurisdiction, and 3,036
receive the same compensation as the other judges of the court of 3,037
common pleas of Lake county and shall be elected and designated 3,038
as judge of the court of common pleas, division of domestic 3,039
relations. The judge shall be assigned all the divorce, 3,041
dissolution of marriage, legal separation, and annulment cases 3,042
coming before the court, except in cases that for some special 3,043
reason are assigned to some other judge of the court of common 3,044
pleas. The judge shall be charged with the assignment and 3,045
division of the work of the division and with the employment and 3,046
supervision of all other personnel of the domestic relations 3,047
division. 3,048
The judge also shall designate the title, compensation, 3,050
expense allowances, hours, leaves of absence, and vacations of 3,051
the personnel of the division and shall fix their duties. The 3,052
duties of the personnel, in addition to other statutory duties, 3,053
shall include the handling, servicing, and investigation of 3,054
72
divorce, dissolution of marriage, legal separation, and annulment 3,055
cases and providing any counseling and conciliation services that 3,056
the division makes available to persons, whether or not the 3,057
persons are parties to an action pending in the division, who 3,058
request the services. 3,059
(2) The judge of the court of common pleas whose term 3,061
begins on January 4, 1979, and successors, shall have the same 3,062
qualifications, exercise the same powers and jurisdiction, and 3,063
receive the same compensation as other judges of the court of 3,064
common pleas of Lake county, shall be elected and designated as 3,065
judge of the court of common pleas, juvenile division, and shall 3,066
be the juvenile judge as provided in Chapter 2151. of the Revised 3,067
Code, with the powers and jurisdictions conferred by that 3,068
chapter. The judge of the court of common pleas, juvenile 3,069
division, shall be the administrator of the juvenile division and 3,070
its subdivisions and departments. The judge shall have charge of 3,071
the employment, assignment, and supervision of the personnel of 3,072
the juvenile division who are engaged in handling, servicing, or 3,073
investigating juvenile cases, including any referees whom the 3,074
judge considers necessary for the discharge of the judge's 3,075
various duties. 3,076
The judge also shall designate the title, compensation, 3,078
expense allowances, hours, leaves of absence, and vacation of the 3,079
personnel of the division and shall fix their duties. The duties 3,080
of the personnel, in addition to other statutory duties, include 3,081
the handling, servicing, and investigation of juvenile cases and 3,082
providing any counseling and conciliation services that the 3,083
division makes available to persons, whether or not the persons 3,084
are parties to an action pending in the division, who request the 3,085
services. 3,086
(3) If a judge of the court of common pleas, division of 3,088
domestic relations or juvenile division, is sick, absent, or 3,089
unable to perform that judge's judicial duties or the volume of 3,091
cases pending in the judge's division necessitates it, the duties 3,093
73
of that judge shall be performed by the other judges of the 3,094
domestic relations and juvenile divisions. 3,095
(N) In Erie county, the judge of the court of common pleas 3,097
whose term begins on January 2, 1971, and successors, shall have 3,098
the same qualifications, exercise the same powers and 3,099
jurisdiction, and receive the same compensation as the other 3,100
judge of the court of common pleas of Erie county and shall be 3,101
elected and designated as judge of the court of common pleas, 3,102
division of domestic relations. The judge shall have all the 3,103
powers relating to juvenile courts, and shall be assigned all 3,104
cases under Chapter 2151. of the Revised Code, parentage 3,106
proceedings over which the juvenile court has jurisdiction, and 3,108
divorce, dissolution of marriage, legal separation, and annulment 3,109
cases, except cases that for some special reason are assigned to 3,110
some other judge. 3,111
(O) In Greene county: 3,113
(1) The judge of the court of common pleas whose term 3,115
begins on January 1, 1961, and successors, shall have the same 3,116
qualifications, exercise the same powers and jurisdiction, and 3,117
receive the same compensation as the other judges of the court of 3,118
common pleas of Greene county and shall be elected and designated 3,119
as the judge of the court of common pleas, division of domestic 3,120
relations. The judge shall be assigned all divorce, dissolution 3,122
of marriage, legal separation, annulment, uniform reciprocal 3,123
support enforcement, and domestic violence cases and all other 3,124
cases related to domestic relations, except cases that for some 3,125
special reason are assigned to some other judge of the court of 3,126
common pleas.
The judge shall be charged with the assignment and division 3,128
of the work of the division and with the employment and 3,129
supervision of all other personnel of the division. The judge 3,131
also shall designate the title, compensation, hours, leaves of 3,133
absence, and vacations of the personnel of the division and shall 3,134
fix their duties. The duties of the personnel of the division, 3,135
74
in addition to other statutory duties, shall include the 3,136
handling, servicing, and investigation of divorce, dissolution of 3,137
marriage, legal separation, and annulment cases and the provision 3,138
of counseling and conciliation services that the division 3,139
considers necessary and makes available to persons who request 3,140
the services, whether or not the persons are parties in an action 3,141
pending in the division. The compensation for the personnel 3,142
shall be paid from the overall court budget and shall be included 3,143
in the appropriations for the existing judges of the general 3,144
division of the court of common pleas.
(2) The judge of the court of common pleas whose term 3,146
begins on January 1, 1995, and successors, shall have the same 3,147
qualifications, exercise the same powers and jurisdiction, and 3,148
receive the same compensation as the other judges of the court of 3,149
common pleas of Greene county, shall be elected and designated as 3,150
judge of the court of common pleas, juvenile division, and, on or 3,151
after January 1, 1995, shall be the juvenile judge as provided in 3,152
Chapter 2151. of the Revised Code with the powers and 3,153
jurisdiction conferred by that chapter. The judge of the court 3,154
of common pleas, juvenile division, shall be the administrator of 3,155
the juvenile division and its subdivisions and departments. The 3,156
judge shall have charge of the employment, assignment, and 3,157
supervision of the personnel of the juvenile division who are 3,158
engaged in handling, servicing, or investigating juvenile cases, 3,159
including any referees whom the judge considers necessary for the 3,160
discharge of the judge's various duties. 3,161
The judge also shall designate the title, compensation, 3,163
expense allowances, hours, leaves of absence, and vacation of the 3,164
personnel of the division and shall fix their duties. The duties 3,165
of the personnel, in addition to other statutory duties, include 3,166
the handling, servicing, and investigation of juvenile cases and 3,167
providing any counseling and conciliation services that the court 3,168
makes available to persons, whether or not the persons are 3,169
parties to an action pending in the court, who request the 3,170
75
services. 3,171
(3) If one of the judges of the court of common pleas, 3,173
general division, is sick, absent, or unable to perform that 3,174
judge's judicial duties or the volume of cases pending in the 3,175
general division necessitates it, the duties of that judge of the 3,177
general division shall be performed by the judge of the division 3,178
of domestic relations and the judge of the juvenile division. 3,179
(P) In Portage county, the judge of the court of common 3,181
pleas, whose term begins January 2, 1987, and successors, shall 3,182
have the same qualifications, exercise the same powers and 3,183
jurisdiction, and receive the same compensation as the other 3,184
judges of the court of common pleas of Portage county and shall 3,185
be elected and designated as judge of the court of common pleas, 3,186
division of domestic relations. The judge shall be assigned all 3,188
divorce, dissolution of marriage, legal separation, and annulment 3,190
cases coming before the court, except in cases that for some 3,191
special reason are assigned to some other judge of the court of 3,192
common pleas. The judge shall be charged with the assignment and 3,193
division of the work of the division and with the employment and 3,194
supervision of all other personnel of the domestic relations 3,195
division.
The judge also shall designate the title, compensation, 3,197
expense allowances, hours, leaves of absence, and vacations of 3,198
the personnel of the division and shall fix their duties. The 3,199
duties of the personnel, in addition to other statutory duties, 3,200
shall include the handling, servicing, and investigation of 3,201
divorce, dissolution of marriage, legal separation, and annulment 3,202
cases and providing any counseling and conciliation services that 3,203
the division makes available to persons, whether or not the 3,204
persons are parties to an action pending in the division, who 3,205
request the services. 3,206
(Q) In Clermont county, the judge of the court of common 3,208
pleas, whose term begins January 2, 1987, and successors, shall 3,209
have the same qualifications, exercise the same powers and 3,210
76
jurisdiction, and receive the same compensation as the other 3,211
judges of the court of common pleas of Clermont county and shall 3,212
be elected and designated as judge of the court of common pleas, 3,213
division of domestic relations. The judge shall be assigned all 3,215
divorce, dissolution of marriage, legal separation, and annulment 3,217
cases coming before the court, except in cases that for some 3,218
special reason are assigned to some other judge of the court of 3,219
common pleas. The judge shall be charged with the assignment and 3,220
division of the work of the division and with the employment and 3,221
supervision of all other personnel of the domestic relations 3,222
division.
The judge also shall designate the title, compensation, 3,224
expense allowances, hours, leaves of absence, and vacations of 3,225
the personnel of the division and shall fix their duties. The 3,226
duties of the personnel, in addition to other statutory duties, 3,227
shall include the handling, servicing, and investigation of 3,228
divorce, dissolution of marriage, legal separation, and annulment 3,229
cases and providing any counseling and conciliation services that 3,230
the division makes available to persons, whether or not the 3,231
persons are parties to an action pending in the division, who 3,232
request the services. 3,233
(R) In Warren county, the judge of the court of common 3,235
pleas, whose term begins January 1, 1987, and successors, shall 3,236
have the same qualifications, exercise the same powers and 3,237
jurisdiction, and receive the same compensation as the other 3,238
judges of the court of common pleas of Warren county and shall be 3,239
elected and designated as judge of the court of common pleas, 3,240
division of domestic relations. The judge shall be assigned all 3,242
divorce, dissolution of marriage, legal separation, and annulment 3,244
cases coming before the court, except in cases that for some 3,245
special reason are assigned to some other judge of the court of 3,246
common pleas. The judge shall be charged with the assignment and 3,247
division of the work of the division and with the employment and 3,248
supervision of all other personnel of the domestic relations 3,249
77
division.
The judge also shall designate the title, compensation, 3,251
expense allowances, hours, leaves of absence, and vacations of 3,252
the personnel of the division and shall fix their duties. The 3,253
duties of the personnel, in addition to other statutory duties, 3,254
shall include the handling, servicing, and investigation of 3,255
divorce, dissolution of marriage, legal separation, and annulment 3,256
cases and providing any counseling and conciliation services that 3,257
the division makes available to persons, whether or not the 3,258
persons are parties to an action pending in the division, who 3,259
request the services. 3,260
(S) In Licking county, the judge of the court of common 3,262
pleas, whose term begins January 1, 1991, and successors, shall 3,263
have the same qualifications, exercise the same powers and 3,264
jurisdiction, and receive the same compensation as the other 3,265
judges of the court of common pleas of Licking county and shall 3,266
be elected and designated as judge of the court of common pleas, 3,267
division of domestic relations. The judge shall be assigned all 3,269
divorce, dissolution of marriage, legal separation, and annulment 3,271
cases, all cases arising under Chapter 3111. of the Revised Code, 3,272
all proceedings involving child support, the allocation of 3,273
parental rights and responsibilities for the care of children and 3,274
the designation for the children of a place of residence and 3,275
legal custodian, PARENTING TIME, and visitation, and all 3,276
post-decree proceedings and matters arising from those cases and 3,277
proceedings, except in cases that for some special reason are 3,278
assigned to another judge of the court of common pleas. The 3,279
judge shall be charged with the assignment and division of the 3,280
work of the division and with the employment and supervision of 3,281
the personnel of the division. 3,282
The judge shall designate the title, compensation, expense 3,284
allowances, hours, leaves of absence, and vacations of the 3,285
personnel of the division and shall fix the duties of the 3,286
personnel of the division. The duties of the personnel of the 3,287
78
division, in addition to other statutory duties, shall include 3,288
the handling, servicing, and investigation of divorce, 3,289
dissolution of marriage, legal separation, and annulment cases, 3,290
cases arising under Chapter 3111. of the Revised Code, and 3,291
proceedings involving child support, the allocation of parental 3,292
rights and responsibilities for the care of children and the 3,293
designation for the children of a place of residence and legal 3,294
custodian, PARENTING TIME, and visitation and providing any 3,295
counseling and conciliation services that the division makes 3,297
available to persons, whether or not the persons are parties to 3,298
an action pending in the division, who request the services. 3,299
(T) In Allen county, the judge of the court of common 3,301
pleas, whose term begins January 1, 1993, and successors, shall 3,302
have the same qualifications, exercise the same powers and 3,303
jurisdiction, and receive the same compensation as the other 3,304
judges of the court of common pleas of Allen county and shall be 3,305
elected and designated as judge of the court of common pleas, 3,306
division of domestic relations. The judge shall be assigned all 3,308
divorce, dissolution of marriage, legal separation, and annulment 3,310
cases, all cases arising under Chapter 3111. of the Revised Code, 3,311
all proceedings involving child support, the allocation of 3,312
parental rights and responsibilities for the care of children and 3,313
the designation for the children of a place of residence and 3,314
legal custodian, PARENTING TIME, and visitation, and all 3,315
post-decree proceedings and matters arising from those cases and 3,316
proceedings, except in cases that for some special reason are 3,317
assigned to another judge of the court of common pleas. The 3,318
judge shall be charged with the assignment and division of the 3,319
work of the division and with the employment and supervision of 3,320
the personnel of the division. 3,321
The judge shall designate the title, compensation, expense 3,323
allowances, hours, leaves of absence, and vacations of the 3,324
personnel of the division and shall fix the duties of the 3,325
personnel of the division. The duties of the personnel of the 3,326
79
division, in addition to other statutory duties, shall include 3,327
the handling, servicing, and investigation of divorce, 3,328
dissolution of marriage, legal separation, and annulment cases, 3,329
cases arising under Chapter 3111. of the Revised Code, and 3,330
proceedings involving child support, the allocation of parental 3,331
rights and responsibilities for the care of children and the 3,332
designation for the children of a place of residence and legal 3,333
custodian, PARENTING TIME, and visitation, and providing any 3,334
counseling and conciliation services that the division makes 3,336
available to persons, whether or not the persons are parties to 3,337
an action pending in the division, who request the services. 3,338
(U) In Medina county, the judge of the court of common 3,340
pleas whose term begins January 1, 1995, and successors, shall 3,341
have the same qualifications, exercise the same powers and 3,342
jurisdiction, and receive the same compensation as other judges 3,343
of the court of common pleas of Medina county and shall be 3,344
elected and designated as judge of the court of common pleas, 3,345
division of domestic relations. The judge shall be assigned all 3,347
divorce, dissolution of marriage, legal separation, and annulment 3,349
cases, all cases arising under Chapter 3111. of the Revised Code, 3,350
all proceedings involving child support, the allocation of 3,351
parental rights and responsibilities for the care of children and 3,352
the designation for the children of a place of residence and 3,353
legal custodian, PARENTING TIME, and visitation, and all 3,354
post-decree proceedings and matters arising from those cases and 3,355
proceedings, except in cases that for some special reason are 3,356
assigned to another judge of the court of common pleas. The 3,357
judge shall be charged with the assignment and division of the 3,358
work of the division and with the employment and supervision of 3,359
the personnel of the division. 3,360
The judge shall designate the title, compensation, expense 3,362
allowances, hours, leaves of absence, and vacations of the 3,363
personnel of the division and shall fix the duties of the 3,364
personnel of the division. The duties of the personnel, in 3,365
80
addition to other statutory duties, include the handling, 3,366
servicing, and investigation of divorce, dissolution of marriage, 3,367
legal separation, and annulment cases, cases arising under 3,368
Chapter 3111. of the Revised Code, and proceedings involving 3,369
child support, the allocation of parental rights and 3,370
responsibilities for the care of children and the designation for 3,371
the children of a place of residence and legal custodian, 3,372
PARENTING TIME, and visitation, and providing counseling and 3,374
conciliation services that the division makes available to 3,375
persons, whether or not the persons are parties to an action 3,376
pending in the division, who request the services. 3,377
(V) In Fairfield county, the judge of the court of common 3,379
pleas whose term begins January 2, 1995, and successors, shall 3,380
have the same qualifications, exercise the same powers and 3,381
jurisdiction, and receive the same compensation as the other 3,382
judges of the court of common pleas of Fairfield county and shall 3,383
be elected and designated as judge of the court of common pleas, 3,384
division of domestic relations. The judge shall be assigned all 3,386
divorce, dissolution of marriage, legal separation, and annulment 3,388
cases, all cases arising under Chapter 3111. of the Revised Code, 3,389
all proceedings involving child support, the allocation of 3,390
parental rights and responsibilities for the care of children and 3,391
the designation for the children of a place of residence and 3,392
legal custodian, PARENTING TIME, and visitation, and all 3,393
post-decree proceedings and matters arising from those cases and 3,394
proceedings, except in cases that for some special reason are 3,395
assigned to another judge of the court of common pleas. The 3,396
judge also has concurrent jurisdiction with the probate-juvenile 3,397
division of the court of common pleas of Fairfield county with 3,398
respect to and may hear cases to determine the custody of a 3,399
child, as defined in section 2151.011 of the Revised Code, who is 3,401
not the ward of another court of this state, cases that are
commenced by a parent, guardian, or custodian of a child, as 3,402
defined in section 2151.011 of the Revised Code, to obtain an 3,403
81
order requiring a parent of the child to pay child support for 3,405
that child when the request for that order is not ancillary to an
action for divorce, dissolution of marriage, annulment, or legal 3,406
separation, a criminal or civil action involving an allegation of 3,407
domestic violence, an action for support under Chapter 3115. of 3,408
the Revised Code, or an action that is within the exclusive 3,409
original jurisdiction of the probate-juvenile division of the 3,410
court of common pleas of Fairfield county and that involves an
allegation that the child is an abused, neglected, or dependent 3,411
child, and post-decree proceedings and matters arising from those 3,412
types of cases.
The judge of the domestic relations division shall be 3,414
charged with the assignment and division of the work of the 3,417
division and with the employment and supervision of the personnel 3,418
of the division.
The judge shall designate the title, compensation, expense 3,420
allowances, hours, leaves of absence, and vacations of the 3,421
personnel of the division and shall fix the duties of the 3,422
personnel of the division. The duties of the personnel of the 3,423
division, in addition to other statutory duties, shall include 3,424
the handling, servicing, and investigation of divorce, 3,425
dissolution of marriage, legal separation, and annulment cases, 3,426
cases arising under Chapter 3111. of the Revised Code, and 3,427
proceedings involving child support, the allocation of parental 3,428
rights and responsibilities for the care of children and the 3,429
designation for the children of a place of residence and legal 3,430
custodian, PARENTING TIME, and visitation, and providing any 3,431
counseling and conciliation services that the division makes 3,433
available to persons, regardless of whether the persons are 3,434
parties to an action pending in the division, who request the 3,435
services. When the judge hears a case to determine the custody 3,436
of a child, as defined in section 2151.011 of the Revised Code, 3,437
who is not the ward of another court of this state or a case that 3,438
is commenced by a parent, guardian, or custodian of a child, as 3,439
82
defined in section 2151.011 of the Revised Code, to obtain an
order requiring a parent of the child to pay child support for 3,440
that child when the request for that order is not ancillary to an 3,441
action for divorce, dissolution of marriage, annulment, or legal 3,442
separation, a criminal or civil action involving an allegation of 3,443
domestic violence, an action for support under Chapter 3115. of 3,444
the Revised Code, or an action that is within the exclusive 3,445
original jurisdiction of the probate-juvenile division of the
court of common pleas of Fairfield county and that involves an 3,447
allegation that the child is an abused, neglected, or dependent 3,448
child, the duties of the personnel of the domestic relations 3,449
division also include the handling, servicing, and investigation 3,450
of those types of cases.
(W)(1) In Clark county, the judge of the court of common 3,452
pleas whose term begins on January 2, 1995, and successors, shall 3,453
have the same qualifications, exercise the same powers and 3,454
jurisdiction, and receive the same compensation as other judges 3,455
of the court of common pleas of Clark county and shall be elected 3,456
and designated as judge of the court of common pleas, domestic 3,457
relations division. The judge shall have all the powers relating 3,459
to juvenile courts, and all cases under Chapter 2151. of the 3,460
Revised Code and all parentage proceedings under Chapter 3111. of 3,461
the Revised Code over which the juvenile court has jurisdiction 3,462
shall be assigned to the judge of the division of domestic 3,463
relations. All divorce, dissolution of marriage, legal 3,464
separation, annulment, uniform reciprocal support enforcement, 3,465
and other cases related to domestic relations shall be assigned 3,466
to the domestic relations division, and the presiding judge of 3,467
the court of common pleas shall assign the cases to the judge of 3,468
the domestic relations division and the judges of the general 3,469
division. 3,470
(2) In addition to the judge's regular duties, the judge 3,472
of the division of domestic relations shall serve on the children 3,474
services board and the county advisory board. 3,475
83
(3) If the judge of the court of common pleas of Clark 3,477
county, division of domestic relations, is sick, absent, or 3,478
unable to perform that judge's judicial duties or if the 3,479
presiding judge of the court of common pleas of Clark county 3,482
determines that the volume of cases pending in the division of 3,483
domestic relations necessitates it, the duties of the judge of 3,484
the division of domestic relations shall be performed by the 3,485
judges of the general division or probate division of the court 3,486
of common pleas of Clark county, as assigned for that purpose by 3,487
the presiding judge of that court, and the judges so assigned 3,488
shall act in conjunction with the judge of the division of 3,489
domestic relations of that court. 3,490
(X) In Scioto county, the judge of the court of common 3,492
pleas whose term begins January 2, 1995, and successors, shall 3,494
have the same qualifications, exercise the same powers and 3,495
jurisdiction, and receive the same compensation as other judges 3,496
of the court of common pleas of Scioto county and shall be 3,497
elected and designated as judge of the court of common pleas, 3,498
division of domestic relations. The judge shall be assigned all 3,500
divorce, dissolution of marriage, legal separation, and annulment 3,502
cases, all cases arising under Chapter 3111. of the Revised Code, 3,503
all proceedings involving child support, the allocation of 3,504
parental rights and responsibilities for the care of children and 3,505
the designation for the children of a place of residence and 3,506
legal custodian, PARENTING TIME, visitation, and all post-decree 3,507
proceedings and matters arising from those cases and proceedings, 3,508
except in cases that for some special reason are assigned to 3,509
another judge of the court of common pleas. The judge shall be 3,510
charged with the assignment and division of the work of the 3,511
division and with the employment and supervision of the personnel 3,512
of the division. 3,513
The judge shall designate the title, compensation, expense 3,515
allowances, hours, leaves of absence, and vacations of the 3,516
personnel of the division and shall fix the duties of the 3,517
84
personnel of the division. The duties of the personnel, in 3,518
addition to other statutory duties, include the handling, 3,519
servicing, and investigation of divorce, dissolution of marriage, 3,520
legal separation, and annulment cases, cases arising under 3,521
Chapter 3111. of the Revised Code, and proceedings involving 3,522
child support, the allocation of parental rights and 3,523
responsibilities for the care of children and the designation for 3,524
the children of a place of residence and legal custodian, 3,525
PARENTING TIME, and visitation, and providing counseling and 3,527
conciliation services that the division makes available to 3,528
persons, whether or not the persons are parties to an action 3,529
pending in the division, who request the services. 3,530
(Y) In Auglaize county, the judge of the probate and 3,532
juvenile divisions of the Auglaize county court of common pleas 3,533
also shall be the administrative judge of the domestic relations 3,534
division of the court and shall be assigned all divorce, 3,536
dissolution of marriage, legal separation, and annulment cases 3,537
coming before the court. The judge shall have all powers as 3,538
administrator of the domestic relations division and shall have 3,539
charge of the personnel engaged in handling, servicing, or 3,540
investigating divorce, dissolution of marriage, legal separation, 3,541
and annulment cases, including any referees considered necessary 3,542
for the discharge of the judge's various duties. 3,543
(Z)(1) In Marion county, the judge of the court of common 3,546
pleas whose term begins on February 9, 1999, and the successors 3,547
to that judge, shall have the same qualifications, exercise the 3,548
same powers and jurisdiction, and receive the same compensation
as the other judges of the court of common pleas of Marion county 3,550
and shall be elected and designated as judge of the court of 3,551
common pleas, domestic relations-juvenile-probate division. 3,552
Except as otherwise specified in this division, that judge, and 3,553
the successors to that judge, shall have all the powers relating 3,554
to juvenile courts, and all cases under Chapter 2151. of the 3,555
Revised Code, all cases arising under Chapter 3111. of the 3,556
85
Revised Code, all divorce, dissolution of marriage, legal 3,557
separation, and annulment cases, all proceedings involving child 3,558
support, the allocation of parental rights and responsibilities 3,559
for the care of children and the designation for the children of 3,560
a place of residence and legal custodian, PARENTING TIME, and
visitation, and all post-decree proceedings and matters arising 3,562
from those cases and proceedings shall be assigned to that judge 3,563
and the successors to that judge. Except as provided in division 3,564
(Z)(2) of this section and notwithstanding any other provision of 3,565
any section of the Revised Code, on and after February 9, 2003, 3,566
the judge of the court of common pleas of Marion county whose 3,568
term begins on February 9, 1999, and the successors to that 3,569
judge, shall have all the powers relating to the probate division 3,570
of the court of common pleas of Marion county in addition to the 3,571
powers previously specified in this division, and shall exercise 3,572
concurrent jurisdiction with the judge of the probate division of 3,573
that court over all matters that are within the jurisdiction of 3,574
the probate division of that court under Chapter 2101., and other 3,575
provisions, of the Revised Code in addition to the jurisdiction 3,576
of the domestic relations-juvenile-probate division of that court 3,577
otherwise specified in division (Z)(1) of this section. 3,578
(2) The judge of the domestic relations-juvenile-probate 3,580
division of the court of common pleas of Marion county or the 3,581
judge of the probate division of the court of common pleas of 3,582
Marion county, whichever of those judges is senior in total 3,584
length of service on the court of common pleas of Marion county, 3,585
regardless of the division or divisions of service, shall serve 3,586
as the clerk of the probate division of the court of common pleas 3,587
of Marion county.
(3) On and after February 9, 2003, all references in law 3,590
to "the probate court," "the probate judge," "the juvenile
court," or "the judge of the juvenile court" shall be construed, 3,591
with respect to Marion county, as being references to both "the 3,593
probate division" and "the domestic relations-juvenile-probate
86
division" and as being references to both "the judge of the 3,594
probate division" and "the judge of the domestic relations- 3,595
juvenile-probate division." On and after February 9, 2003, all 3,596
references in law to "the clerk of the probate court" shall be 3,597
construed, with respect to Marion county, as being references to 3,598
the judge who is serving pursuant to division (Z)(2) of this 3,599
section as the clerk of the probate division of the court of 3,600
common pleas of Marion county.
(AA) If a judge of the court of common pleas, division of 3,602
domestic relations, or juvenile judge, of any of the counties 3,603
mentioned in this section is sick, absent, or unable to perform 3,604
that judge's judicial duties or the volume of cases pending in 3,606
the judge's division necessitates it, the duties of that judge 3,607
shall be performed by another judge of the court of common pleas 3,608
of that county, assigned for that purpose by the presiding judge 3,609
of the court of common pleas of that county to act in place of or 3,610
in conjunction with that judge, as the case may require. 3,611
Sec. 2301.99. Whoever violates section 2301.33 or division 3,620
(B) of section 2301.39 of the Revised Code shall be fined not 3,621
less than fifty nor more than two hundred dollars and imprisoned 3,623
not less than ten nor more than thirty days. 3,624
Sec. 2317.02. The following persons shall not testify in 3,633
certain respects: 3,634
(A) An attorney, concerning a communication made to the 3,636
attorney by a client in that relation or the attorney's advice to 3,638
a client, except that the attorney may testify by express consent 3,639
of the client or, if the client is deceased, by the express 3,640
consent of the surviving spouse or the executor or administrator 3,641
of the estate of the deceased client and except that, if the 3,642
client voluntarily testifies or is deemed by section 2151.421 of 3,643
the Revised Code to have waived any testimonial privilege under 3,644
this division, the attorney may be compelled to testify on the 3,645
same subject;
(B)(1) A physician or a dentist concerning a communication 3,647
87
made to the physician or dentist by a patient in that relation or 3,648
the physician's or dentist's advice to a patient, except as 3,650
otherwise provided in this division, division (B)(2), and
division (B)(3) of this section, and except that, if the patient 3,651
is deemed by section 2151.421 of the Revised Code to have waived 3,652
any testimonial privilege under this division, the physician may 3,653
be compelled to testify on the same subject. 3,654
The testimonial privilege established under this division 3,656
does not apply, and a physician or dentist may testify or may be 3,657
compelled to testify, in any of the following circumstances: 3,658
(a) In any civil action, in accordance with the discovery 3,660
provisions of the Rules of Civil Procedure in connection with a 3,661
civil action, or in connection with a claim under Chapter 4123. 3,662
of the Revised Code, under any of the following circumstances: 3,663
(i) If the patient or the guardian or other legal 3,665
representative of the patient gives express consent; 3,666
(ii) If the patient is deceased, the spouse of the patient 3,668
or the executor or administrator of the patient's estate gives 3,670
express consent;
(iii) If a medical claim, dental claim, chiropractic 3,672
claim, or optometric claim, as defined in section 2305.11 of the 3,673
Revised Code, an action for wrongful death, any other type of 3,674
civil action, or a claim under Chapter 4123. of the Revised Code 3,675
is filed by the patient, the personal representative of the 3,676
estate of the patient if deceased, or the patient's guardian or 3,678
other legal representative.
(b) In any criminal action concerning any test or the 3,680
results of any test that determines the presence or concentration 3,681
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 3,682
the patient's blood, breath, urine, or other bodily substance at 3,683
any time relevant to the criminal offense in question. 3,684
(c) In any criminal action against a physician or dentist. 3,687
In such an action, the testimonial privilege established under 3,688
this division does not prohibit the admission into evidence, in 3,689
88
accordance with the Rules of Evidence, of a patient's medical or 3,692
dental records or other communications between a patient and the 3,693
physician or dentist that are related to the action and obtained 3,694
by subpoena, search warrant, or other lawful means. A court that 3,695
permits or compels a physician or dentist to testify in such an 3,696
action or permits the introduction into evidence of patient 3,697
records or other communications in such an action shall require 3,698
that appropriate measures be taken to ensure that the 3,699
confidentiality of any patient named or otherwise identified in 3,700
the records is maintained. Measures to ensure confidentiality 3,701
that may be taken by the court include sealing its records or 3,702
deleting specific information from its records. 3,703
(2)(a) If any law enforcement officer submits a written 3,705
statement to a health care provider that states that an official 3,706
criminal investigation has begun regarding a specified person or 3,707
that a criminal action or proceeding has been commenced against a 3,708
specified person, that requests the provider to supply to the 3,709
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 3,710
specified person to determine the presence or concentration of 3,711
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 3,712
person's blood, breath, or urine at any time relevant to the 3,713
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 3,714
specifically prohibited by any law of this state or of the United 3,715
States, shall supply to the officer a copy of any of the 3,716
requested records the provider possesses. If the health care 3,717
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 3,718
indicates that the provider does not possess any of the requested 3,719
records.
(b) If a health care provider possesses any records of the 3,721
type described in division (B)(2)(a) of this section regarding 3,722
the person in question at any time relevant to the criminal 3,723
89
offense in question, in lieu of personally testifying as to the 3,724
results of the test in question, the custodian of the records may 3,725
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 3,726
admitted as evidence in accordance with the Rules of Evidence. 3,727
Division (A) of section 2317.422 of the Revised Code does not 3,728
apply to any certified copy of records submitted in accordance 3,729
with this division. Nothing in this division shall be construed 3,730
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 3,731
person under whose supervision the test was administered, the 3,732
custodian of the records, the person who made the records, or the 3,733
person under whose supervision the records were made. 3,734
(3)(a) If the testimonial privilege described in division 3,736
(B)(1) of this section does not apply as provided in division 3,737
(B)(1)(a)(iii) of this section, a physician or dentist may be 3,738
compelled to testify or to submit to discovery under the Rules of 3,739
Civil Procedure only as to a communication made to the physician 3,740
or dentist by the patient in question in that relation, or the 3,741
physician's or dentist's advice to the patient in question, that 3,743
related causally or historically to physical or mental injuries 3,744
that are relevant to issues in the medical claim, dental claim, 3,745
chiropractic claim, or optometric claim, action for wrongful 3,746
death, other civil action, or claim under Chapter 4123. of the 3,747
Revised Code.
(b) If the testimonial privilege described in division 3,749
(B)(1) of this section does not apply to a physician or dentist 3,750
as provided in division (B)(1)(b) of this section, the physician 3,751
or dentist, in lieu of personally testifying as to the results of 3,752
the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is 3,753
qualified as authentic evidence and may be admitted as evidence 3,754
in accordance with the Rules of Evidence. Division (A) of 3,755
section 2317.422 of the Revised Code does not apply to any 3,756
90
certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit 3,757
the right of any party to call as a witness the person who 3,758
administered the test in question, the person under whose 3,759
supervision the test was administered, the custodian of the
results of the test, the person who compiled the results, or the 3,760
person under whose supervision the results were compiled. 3,761
(4)(a) As used in divisions (B)(1) to (3) of this section, 3,763
"communication" means acquiring, recording, or transmitting any 3,764
information, in any manner, concerning any facts, opinions, or 3,765
statements necessary to enable a physician or dentist to 3,766
diagnose, treat, prescribe, or act for a patient. A 3,767
"communication" may include, but is not limited to, any medical 3,768
or dental, office, or hospital communication such as a record, 3,769
chart, letter, memorandum, laboratory test and results, x-ray, 3,770
photograph, financial statement, diagnosis, or prognosis. 3,771
(b) As used in division (B)(2) of this section, "health 3,773
care provider" has the same meaning as in section 3729.01 of the 3,774
Revised Code.
(5) Divisions (B)(1), (2), (3), and (4) of this section 3,776
apply to doctors of medicine, doctors of osteopathic medicine, 3,777
doctors of podiatry, and dentists. 3,778
(6) Nothing in divisions (B)(1) to (5) of this section 3,780
affects, or shall be construed as affecting, the immunity from 3,781
civil liability conferred by section 2305.33 of the Revised Code 3,782
upon physicians who report an employee's use of a drug of abuse, 3,783
or a condition of an employee other than one involving the use of 3,784
a drug of abuse, to the employer of the employee in accordance 3,785
with division (B) of that section. As used in division (B)(6) of 3,787
this section, "employee," "employer," and "physician" have the 3,788
same meanings as in section 2305.33 of the Revised Code. 3,789
(C) A member of the clergy, rabbi, priest, or regularly 3,791
ordained, accredited, or licensed minister of an established and 3,793
legally cognizable church, denomination, or sect, when the member 3,794
91
of the clergy, rabbi, priest, or minister remains accountable to 3,796
the authority of that church, denomination, or sect, concerning a 3,797
confession made, or any information confidentially communicated, 3,798
to the member of the clergy, rabbi, priest, or minister for a 3,800
religious counseling purpose in the member of the clergy's, 3,801
rabbi's, priest's, or minister's professional character; however, 3,803
the member of the clergy, rabbi, priest, or minister may testify 3,805
by express consent of the person making the communication, except 3,806
when the disclosure of the information is in violation of a 3,807
sacred trust.
(D) Husband or wife, concerning any communication made by 3,809
one to the other, or an act done by either in the presence of the 3,810
other, during coverture, unless the communication was made, or 3,811
act done, in the known presence or hearing of a third person 3,812
competent to be a witness; and such rule is the same if the 3,813
marital relation has ceased to exist. 3,814
(E) A person who assigns a claim or interest, concerning 3,816
any matter in respect to which the person would not, if a party, 3,818
be permitted to testify;
(F) A person who, if a party, would be restricted under 3,821
section 2317.03 of the Revised Code, when the property or thing 3,822
is sold or transferred by an executor, administrator, guardian, 3,823
trustee, heir, devisee, or legatee, shall be restricted in the 3,824
same manner in any action or proceeding concerning the property 3,825
or thing.
(G)(1) A school guidance counselor who holds a valid 3,827
educator license from the state board of education as provided 3,829
for in section 3319.22 of the Revised Code, a person licensed 3,830
under Chapter 4757. of the Revised Code as a professional 3,831
clinical counselor, professional counselor, social worker, or 3,832
independent social worker, or registered under Chapter 4757. of 3,833
the Revised Code as a social work assistant concerning a 3,834
confidential communication received from a client in that 3,835
relation or the person's advice to a client unless any of the 3,837
92
following applies:
(a) The communication or advice indicates clear and 3,839
present danger to the client or other persons. For the purposes 3,840
of this division, cases in which there are indications of present 3,841
or past child abuse or neglect of the client constitute a clear 3,842
and present danger. 3,843
(b) The client gives express consent to the testimony. 3,845
(c) If the client is deceased, the surviving spouse or the 3,847
executor or administrator of the estate of the deceased client 3,848
gives express consent. 3,849
(d) The client voluntarily testifies, in which case the 3,851
school guidance counselor or person licensed or registered under 3,852
Chapter 4757. of the Revised Code may be compelled to testify on 3,854
the same subject.
(e) The court in camera determines that the information 3,856
communicated by the client is not germane to the counselor-client 3,857
or social worker-client relationship. 3,858
(f) A court, in an action brought against a school, its 3,860
administration, or any of its personnel by the client, rules 3,861
after an in-camera inspection that the testimony of the school 3,862
guidance counselor is relevant to that action. 3,863
(2) Nothing in division (G)(1) of this section shall 3,865
relieve a school guidance counselor or a person licensed or 3,867
registered under Chapter 4757. of the Revised Code from the 3,869
requirement to report information concerning child abuse or 3,870
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 3,872
division (A) of section 3109.052 of the Revised Code or otherwise 3,873
issued in any proceeding for divorce, dissolution, legal 3,874
separation, annulment, or the allocation of parental rights and 3,875
responsibilities for the care of children, in any action or 3,876
proceeding, other than a criminal, delinquency, child abuse, 3,877
child neglect, or dependent child action or proceeding, that is 3,878
brought by or against either parent who takes part in mediation 3,879
93
in accordance with the order and that pertains to the mediation 3,880
process, to any information discussed or presented in the 3,881
mediation process, to the allocation of parental rights and 3,882
responsibilities for the care of the parents' children, or to the 3,883
awarding of visitation PARENTING TIME rights in relation to their 3,885
children.
(I) A communications assistant, acting within the scope of 3,887
the communication assistant's authority, when providing 3,888
telecommunications relay service pursuant to section 4931.35 of 3,890
the Revised Code or Title II of the "Communications Act of 1934," 3,891
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 3,892
made through a telecommunications relay service. 3,893
Nothing in this section shall limit any immunity or 3,895
privilege granted under federal law or regulation. Nothing in 3,896
this section shall limit the obligation of a communications 3,897
assistant to divulge information or testify when mandated by 3,898
federal law or regulation or pursuant to subpoena in a criminal 3,899
proceeding. 3,900
Sec. 2329.66. (A) Every person who is domiciled in this 3,909
state may hold property exempt from execution, garnishment, 3,910
attachment, or sale to satisfy a judgment or order, as follows: 3,911
(1)(a) In the case of a judgment or order regarding money 3,913
owed for health care services rendered or health care supplies 3,914
provided to the person or a dependent of the person, one parcel 3,915
or item of real or personal property that the person or a 3,916
dependent of the person uses as a residence. Division (A)(1)(a) 3,917
of this section does not preclude, affect, or invalidate the 3,918
creation under this chapter of a judgment lien upon the exempted 3,919
property but only delays the enforcement of the lien until the 3,920
property is sold or otherwise transferred by the owner or in 3,921
accordance with other applicable laws to a person or entity other 3,922
than the surviving spouse or surviving minor children of the 3,923
judgment debtor. Every person who is domiciled in this state may 3,924
hold exempt from a judgment lien created pursuant to division 3,925
94
(A)(1)(a) of this section the person's interest, not to exceed 3,926
five thousand dollars, in the exempted property. 3,927
(b) In the case of all other judgments and orders, the 3,929
person's interest, not to exceed five thousand dollars, in one 3,930
parcel or item of real or personal property that the person or a 3,931
dependent of the person uses as a residence. 3,932
(2) The person's interest, not to exceed one thousand 3,934
dollars, in one motor vehicle; 3,935
(3) The person's interest, not to exceed two hundred 3,937
dollars in any particular item, in wearing apparel, beds, and 3,938
bedding, and the person's interest, not to exceed three hundred 3,939
dollars in each item, in one cooking unit and one refrigerator or 3,940
other food preservation unit; 3,941
(4)(a) The person's interest, not to exceed four hundred 3,943
dollars, in cash on hand, money due and payable, money to become 3,944
due within ninety days, tax refunds, and money on deposit with a 3,945
bank, savings and loan association, credit union, public utility, 3,946
landlord, or other person. Division (A)(4)(a) of this section 3,947
applies only in bankruptcy proceedings. This exemption may 3,948
include the portion of personal earnings that is not exempt under 3,949
division (A)(13) of this section. 3,950
(b) Subject to division (A)(4)(d) of this section, the 3,952
person's interest, not to exceed two hundred dollars in any 3,953
particular item, in household furnishings, household goods, 3,954
appliances, books, animals, crops, musical instruments, firearms, 3,955
and hunting and fishing equipment, that are held primarily for 3,956
the personal, family, or household use of the person; 3,957
(c) Subject to division (A)(4)(d) of this section, the 3,959
person's interest in one or more items of jewelry, not to exceed 3,960
four hundred dollars in one item of jewelry and not to exceed two 3,961
hundred dollars in every other item of jewelry; 3,962
(d) Divisions (A)(4)(b) and (c) of this section do not 3,964
include items of personal property listed in division (A)(3) of 3,965
this section. 3,966
95
If the person does not claim an exemption under division 3,968
(A)(1) of this section, the total exemption claimed under 3,969
division (A)(4)(b) of this section shall be added to the total 3,970
exemption claimed under division (A)(4)(c) of this section, and 3,971
the total shall not exceed two thousand dollars. If the person 3,972
claims an exemption under division (A)(1) of this section, the 3,973
total exemption claimed under division (A)(4)(b) of this section 3,974
shall be added to the total exemption claimed under division 3,975
(A)(4)(c) of this section, and the total shall not exceed one 3,976
thousand five hundred dollars. 3,977
(5) The person's interest, not to exceed an aggregate of 3,979
seven hundred fifty dollars, in all implements, professional 3,980
books, or tools of the person's profession, trade, or business, 3,981
including agriculture; 3,983
(6)(a) The person's interest in a beneficiary fund set 3,985
apart, appropriated, or paid by a benevolent association or 3,986
society, as exempted by section 2329.63 of the Revised Code; 3,987
(b) The person's interest in contracts of life or 3,989
endowment insurance or annuities, as exempted by section 3911.10 3,990
of the Revised Code; 3,991
(c) The person's interest in a policy of group insurance 3,993
or the proceeds of a policy of group insurance, as exempted by 3,994
section 3917.05 of the Revised Code; 3,995
(d) The person's interest in money, benefits, charity, 3,997
relief, or aid to be paid, provided, or rendered by a fraternal 3,998
benefit society, as exempted by section 3921.18 of the Revised 3,999
Code; 4,000
(e) The person's interest in the portion of benefits under 4,002
policies of sickness and accident insurance and in lump-sum LUMP 4,004
SUM payments for dismemberment and other losses insured under
those policies, as exempted by section 3923.19 of the Revised 4,005
Code.
(7) The person's professionally prescribed or medically 4,007
necessary health aids; 4,008
96
(8) The person's interest in a burial lot, including, but 4,010
not limited to, exemptions under section 517.09 or 1721.07 of the 4,011
Revised Code; 4,012
(9) The person's interest in the following: 4,014
(a) Moneys paid or payable for living maintenance or 4,016
rights, as exempted by section 3304.19 of the Revised Code; 4,017
(b) Workers' compensation, as exempted by section 4123.67 4,020
of the Revised Code; 4,021
(c) Unemployment compensation benefits, as exempted by 4,023
section 4141.32 of the Revised Code; 4,024
(d) Cash assistance payments under the Ohio works first 4,026
program, as exempted by section 5107.75 of the Revised Code; 4,028
(e) Disability assistance payments, as exempted by section 4,030
5115.07 of the Revised Code. 4,031
(10)(a) Except in cases in which the person was convicted 4,033
of or pleaded guilty to a violation of section 2921.41 of the 4,034
Revised Code and in which an order for the withholding of 4,035
restitution from payments was issued under division (C)(2)(b) of 4,036
that section or in cases in which an order for withholding was 4,037
issued under section 2907.15 of the Revised Code, and only to the 4,038
extent provided in the order, and except as provided in sections 4,039
3105.171, 3105.63, 3111.23, and 3113.21 3119.80, 3119.81, 4,041
3121.02, 3121.03, AND 3123.06 of the Revised Code, the person's 4,042
right to a pension, benefit, annuity, retirement allowance, or 4,043
accumulated contributions, the person's right to a participant 4,044
account in any deferred compensation program offered by the Ohio 4,045
public employees deferred compensation board, a government unit, 4,046
or a municipal corporation, or the person's other accrued or 4,047
accruing rights, as exempted by section 145.56, 145.75, 146.13, 4,048
742.47, 3307.71, 3309.66, or 5505.22 of the Revised Code, and the 4,049
person's right to benefits from the firemen and policemen's death 4,051
benefit fund;
(b) Except as provided in sections 3111.23 3119.80, 4,053
3119.81, 3121.02, 3121.03, and 3113.21 3123.06 of the Revised 4,055
97
Code, the person's right to receive a payment under any pension, 4,056
annuity, or similar plan or contract, not including a payment 4,057
from a stock bonus or profit-sharing plan or a payment included 4,058
in division (A)(6)(b) or (10)(a) of this section, on account of 4,059
illness, disability, death, age, or length of service, to the 4,060
extent reasonably necessary for the support of the person and any 4,061
of the person's dependents, except if all the following apply: 4,062
(i) The plan or contract was established by or under the 4,064
auspices of an insider that employed the person at the time the 4,065
person's rights under the plan or contract arose. 4,066
(ii) The payment is on account of age or length of 4,068
service. 4,069
(iii) The plan or contract is not qualified under the 4,071
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 4,072
amended. 4,073
(c) Except for any portion of the assets that were 4,075
deposited for the purpose of evading the payment of any debt and 4,076
except as provided in sections 3111.23 3119.80, 3119.81, 3121.02, 4,078
3121.03, and 3113.21 3123.06 of the Revised Code, the person's 4,080
right in the assets held in, or to receive any payment under, any 4,081
individual retirement account, individual retirement annuity, 4,082
"Roth IRA," or education individual retirement account that 4,084
provides benefits by reason of illness, disability, death, or 4,085
age, to the extent that the assets, payments, or benefits 4,086
described in division (A)(10)(c) of this section are attributable 4,087
to any of the following: 4,088
(i) Contributions of the person that were less than or 4,091
equal to the applicable limits on deductible contributions to an 4,092
individual retirement account or individual retirement annuity in 4,093
the year that the contributions were made, whether or not the 4,094
person was eligible to deduct the contributions on the person's 4,095
federal tax return for the year in which the contributions were 4,096
made;
(ii) Contributions of the person that were less than or 4,099
98
equal to the applicable limits on contributions to a Roth IRA or 4,100
education individual retirement account in the year that the 4,101
contributions were made;
(iii) Contributions of the person that are within the 4,104
applicable limits on rollover contributions under subsections 4,105
219, 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 4,106
408A(c)(3)(B), 408A(d)(3), and 530(d)(5) of the "Internal Revenue 4,109
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 4,111
(d) Except for any portion of the assets that were 4,114
deposited for the purpose of evading the payment of any debt and 4,115
except as provided in sections 3111.23 3119.80, 3119.81, 3121.02, 4,116
3121.03, and 3113.21 3123.06 of the Revised Code, the person's 4,117
right in the assets held in, or to receive any payment under, any 4,119
Keogh or "H.R. 10" plan that provides benefits by reason of 4,120
illness, disability, death, or age, to the extent reasonably
necessary for the support of the person and any of the person's 4,121
dependents. 4,122
(11) The person's right to receive spousal support, child 4,124
support, an allowance, or other maintenance to the extent 4,125
reasonably necessary for the support of the person and any of the 4,126
person's dependents; 4,128
(12) The person's right to receive, or moneys received 4,130
during the preceding twelve calendar months from, any of the 4,131
following: 4,132
(a) An award of reparations under sections 2743.51 to 4,134
2743.72 of the Revised Code, to the extent exempted by division 4,135
(D) of section 2743.66 of the Revised Code; 4,136
(b) A payment on account of the wrongful death of an 4,138
individual of whom the person was a dependent on the date of the 4,139
individual's death, to the extent reasonably necessary for the 4,140
support of the person and any of the person's dependents; 4,141
(c) Except in cases in which the person who receives the 4,143
payment is an inmate, as defined in section 2969.21 of the 4,144
Revised Code, and in which the payment resulted from a civil 4,145
99
action or appeal against a government entity or employee, as 4,146
defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on account of personal bodily 4,148
injury, not including pain and suffering or compensation for 4,149
actual pecuniary loss, of the person or an individual for whom 4,150
the person is a dependent;
(d) A payment in compensation for loss of future earnings 4,152
of the person or an individual of whom the person is or was a 4,153
dependent, to the extent reasonably necessary for the support of 4,154
the debtor and any of the debtor's dependents. 4,155
(13) Except as provided in sections 3111.23 3119.80, 4,157
3119.81, 3121.02, 3121.03, and 3113.21 3123.06 of the Revised 4,158
Code, personal earnings of the person owed to the person for 4,160
services in an amount equal to the greater of the following
amounts: 4,161
(a) If paid weekly, thirty times the current federal 4,163
minimum hourly wage; if paid biweekly, sixty times the current 4,164
federal minimum hourly wage; if paid semimonthly, sixty-five 4,165
times the current federal minimum hourly wage; or if paid 4,166
monthly, one hundred thirty times the current federal minimum 4,167
hourly wage that is in effect at the time the earnings are 4,168
payable, as prescribed by the "Fair Labor Standards Act of 1938," 4,169
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; 4,170
(b) Seventy-five per cent of the disposable earnings owed 4,172
to the person. 4,173
(14) The person's right in specific partnership property, 4,175
as exempted by division (B)(3) of section 1775.24 of the Revised 4,176
Code; 4,177
(15) A seal and official register of a notary public, as 4,179
exempted by section 147.04 of the Revised Code; 4,180
(16) The person's interest in a tuition credit or a 4,182
payment under section 3334.09 of the Revised Code pursuant to a 4,183
tuition credit contract, as exempted by section 3334.15 of the 4,184
Revised Code;
100
(17) Any other property that is specifically exempted from 4,186
execution, attachment, garnishment, or sale by federal statutes 4,187
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 4,188
U.S.C.A. 101, as amended; 4,189
(18) The person's interest, not to exceed four hundred 4,191
dollars, in any property, except that division (A)(18) of this 4,192
section applies only in bankruptcy proceedings. 4,193
(B) As used in this section: 4,195
(1) "Disposable earnings" means net earnings after the 4,197
garnishee has made deductions required by law, excluding the 4,198
deductions ordered pursuant to section 3111.23 3119.80, 3119.81, 4,199
3121.02, 3121.03, or 3113.21 3123.06 of the Revised Code. 4,201
(2) "Insider" means: 4,203
(a) If the person who claims an exemption is an 4,205
individual, a relative of the individual, a relative of a general 4,206
partner of the individual, a partnership in which the individual 4,207
is a general partner, a general partner of the individual, or a 4,208
corporation of which the individual is a director, officer, or in 4,209
control; 4,210
(b) If the person who claims an exemption is a 4,212
corporation, a director or officer of the corporation; a person 4,213
in control of the corporation; a partnership in which the 4,214
corporation is a general partner; a general partner of the 4,215
corporation; or a relative of a general partner, director, 4,216
officer, or person in control of the corporation; 4,217
(c) If the person who claims an exemption is a 4,219
partnership, a general partner in the partnership; a general 4,220
partner of the partnership; a person in control of the 4,221
partnership; a partnership in which the partnership is a general 4,222
partner; or a relative in, a general partner of, or a person in 4,223
control of the partnership; 4,224
(d) An entity or person to which or whom any of the 4,226
following applies: 4,227
(i) The entity directly or indirectly owns, controls, or 4,229
101
holds with power to vote, twenty per cent or more of the 4,230
outstanding voting securities of the person who claims an 4,231
exemption, unless the entity holds the securities in a fiduciary 4,232
or agency capacity without sole discretionary power to vote the 4,233
securities or holds the securities solely to secure to debt and 4,234
the entity has not in fact exercised the power to vote. 4,235
(ii) The entity is a corporation, twenty per cent or more 4,237
of whose outstanding voting securities are directly or indirectly 4,238
owned, controlled, or held with power to vote, by the person who 4,239
claims an exemption or by an entity to which division 4,240
(B)(2)(d)(i) of this section applies. 4,241
(iii) A person whose business is operated under a lease or 4,243
operating agreement by the person who claims an exemption, or a 4,244
person substantially all of whose business is operated under an 4,245
operating agreement with the person who claims an exemption. 4,246
(iv) The entity operates the business or all or 4,248
substantially all of the property of the person who claims an 4,249
exemption under a lease or operating agreement. 4,250
(e) An insider, as otherwise defined in this section, of a 4,252
person or entity to which division (B)(2)(d)(i), (ii), (iii), or 4,253
(iv) of this section applies, as if the person or entity were a 4,254
person who claims an exemption; 4,255
(f) A managing agent of the person who claims an 4,257
exemption. 4,258
(3) "Participant account" has the same meaning as in 4,260
section 145.71 of the Revised Code. 4,261
(4) "Government unit" has the same meaning as in section 4,263
145.74 of the Revised Code. 4,264
(C) For purposes of this section, "interest" shall be 4,266
determined as follows: 4,267
(1) In bankruptcy proceedings, as of the date a petition 4,269
is filed with the bankruptcy court commencing a case under Title 4,270
11 of the United States Code; 4,271
(2) In all cases other than bankruptcy proceedings, as of 4,273
102
the date of an appraisal, if necessary under section 2329.68 of 4,274
the Revised Code, or the issuance of a writ of execution. 4,275
An interest, as determined under division (C)(1) or (2) of 4,277
this section, shall not include the amount of any lien otherwise 4,278
valid pursuant to section 2329.661 of the Revised Code. 4,279
Sec. 2705.02. A person guilty of any of the following acts 4,288
may be punished as for a contempt: 4,289
(A) Disobedience of, or resistance to, a lawful writ, 4,291
process, order, rule, judgment, or command of a court or officer; 4,292
(B) Misbehavior of an officer of the court in the 4,294
performance of official duties, or in official transactions; 4,296
(C) A failure to obey a subpoena duly served, or a refusal 4,298
to be sworn or to answer as a witness, when lawfully required; 4,299
(D) The rescue, or attempted rescue, of a person or of 4,301
property in the custody of an officer by virtue of an order or 4,302
process of court held by the officer; 4,303
(E) A failure upon the part of a person recognized to 4,305
appear as a witness in a court to appear in compliance with the 4,306
terms of the person's recognizance; 4,307
(F) A failure to comply with an order issued pursuant to 4,309
section 3111.20, 3111.211, or 3111.22 3109.19 OR 3111.81 of the 4,311
Revised Code or a withholding or deduction notice issued under 4,313
section 3111.23 of the Revised Code;
(G) A failure to obey a subpoena issued by the department 4,315
of human services or a child support enforcement agency pursuant 4,316
to section 5101.37 of the Revised Code; 4,317
(H) A willful failure to submit to genetic testing, or a 4,320
willful failure to submit a child to genetic testing, as required 4,321
by an order for genetic testing issued under section 3111.22 4,322
3111.41 of the Revised Code. 4,323
Sec. 2705.031. (A) As used in this section, "Title IV-D 4,332
case" has the same meaning as in section 3113.21 3125.01 of the 4,334
Revised Code.
(B)(1) Any party who has a legal claim to any support 4,336
103
ordered for a child, spouse, or former spouse may initiate a 4,337
contempt action for failure to pay the support. In Title IV-D 4,338
cases, the contempt action for failure to pay support also may be 4,339
initiated by an attorney retained by the party who has the legal 4,340
claim, the prosecuting attorney, or an attorney of the department 4,341
of human services or the child support enforcement agency. 4,342
(2) Any PARENT WHO IS GRANTED PARENTING TIME RIGHTS UNDER 4,344
A PARENTING TIME ORDER OR DECREE ISSUED PURSUANT TO SECTION 4,345
3109.051 OR 3109.12 OF THE REVISED CODE, ANY person who is 4,346
granted visitation rights under a visitation order or decree 4,348
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the 4,349
Revised Code or pursuant to any other provision of the Revised 4,350
Code, or any other person who is subject to any PARENTING TIME OR 4,351
visitation order or decree, may initiate a contempt action for a 4,353
failure to comply with, or an interference with, the order or 4,354
decree.
(C) In any contempt action initiated pursuant to division 4,356
(B) of this section, the accused shall appear upon the summons 4,357
and order to appear that is issued by the court. The summons 4,358
shall include all of the following: 4,359
(1) Notice that failure to appear may result in the 4,361
issuance of an order of arrest, and in cases involving alleged 4,362
failure to pay support, the issuance of an order for the payment 4,363
of support by withholding an amount from the personal earnings of 4,364
the accused or by withholding or deducting an amount from some 4,365
other asset of the accused; 4,366
(2) Notice that the accused has a right to counsel, and 4,368
that if the accused believes that he is indigent, the accused 4,369
must apply for a public defender or court appointed counsel 4,370
within three business days after receipt of the summons; 4,371
(3) Notice that the court may refuse to grant a 4,373
continuance at the time of the hearing for the purpose of the 4,374
accused obtaining counsel, if the accused fails to make a good 4,375
faith effort to retain counsel or to obtain a public defender; 4,376
104
(4) Notice of the potential penalties that could be 4,378
imposed upon the accused, if the accused is found guilty of 4,379
contempt for failure to pay support or for a failure to comply 4,380
with, or an interference with, a PARENTING TIME OR visitation 4,381
order or decree. 4,382
(D) If the accused is served as required by the Rules of 4,384
Civil Procedure or by any special statutory proceedings that are 4,385
relevant to the case, the court may order the attachment of the 4,386
person of the accused upon failure to appear as ordered by the 4,387
court. 4,388
(E) The imposition of any penalty for contempt under 4,390
section 2705.05 of the Revised Code shall not eliminate any 4,391
obligation of the accused to pay any past, present, or future 4,392
support obligation or any obligation of the accused to comply 4,393
with or refrain from interfering with the PARENTING TIME OR 4,394
visitation order or decree. The court shall have jurisdiction to 4,396
make a finding of contempt for the failure to pay support and to 4,397
impose the penalties set forth in section 2705.05 of the Revised 4,398
Code in all cases in which past due support is at issue even if 4,399
the duty to pay support has terminated, and shall have 4,400
jurisdiction to make a finding of contempt for a failure to 4,401
comply with, or an interference with, a PARENTING TIME OR 4,402
visitation order or decree and to impose the penalties set forth 4,404
in section 2705.05 of the Revised Code in all cases in which the 4,405
failure or interference is at issue even if the PARENTING TIME OR 4,406
visitation order or decree no longer is in effect. 4,407
Sec. 2716.01. (A) A person who obtains a judgment against 4,416
another person may garnish the personal earnings of the person 4,417
against whom judgment was obtained only through a proceeding in 4,418
garnishment of personal earnings and only in accordance with this 4,420
chapter.
(B) A person who obtains a judgment against another person 4,422
may garnish the property, other than personal earnings, of the 4,423
person against whom judgment was obtained, if the property is in 4,424
105
the possession of a person other than the person against whom 4,425
judgment was obtained, only through a proceeding in garnishment 4,426
and only in accordance with this chapter. 4,427
(C) As used in this chapter: 4,429
(1) "Employer" means a person who is required to withhold 4,431
taxes out of payments of personal earnings made to a judgment 4,432
debtor. 4,433
(2) "Personal earnings" means money, or any other 4,435
consideration or thing of value, that is paid or due to a person 4,436
in exchange for work, labor, or personal services provided by the 4,437
person to an employer. 4,438
(3) "Judgment creditor" means a person who has obtained a 4,440
judgment in a civil action against another person. 4,441
(4) "Judgment debtor" means a person against whom a 4,443
judgment has been obtained in a civil action. 4,444
(5) "Support order" has the same meaning as in section 4,446
3113.21 3121.01 of the Revised Code. 4,447
Sec. 2919.22. (A) No person, who is the parent, guardian, 4,456
custodian, person having custody or control, or person in loco 4,457
parentis of a child under eighteen years of age or a mentally or 4,458
physically handicapped child under twenty-one years of age, shall 4,459
create a substantial risk to the health or safety of the child, 4,460
by violating a duty of care, protection, or support. It is not a 4,461
violation of a duty of care, protection, or support under this 4,462
division when the parent, guardian, custodian, or person having 4,463
custody or control of a child treats the physical or mental 4,464
illness or defect of the child by spiritual means through prayer 4,465
alone, in accordance with the tenets of a recognized religious 4,466
body. 4,467
(B) No person shall do any of the following to a child 4,469
under eighteen years of age or a mentally or physically 4,470
handicapped child under twenty-one years of age: 4,471
(1) Abuse the child; 4,473
(2) Torture or cruelly abuse the child; 4,475
106
(3) Administer corporal punishment or other physical 4,477
disciplinary measure, or physically restrain the child in a cruel 4,478
manner or for a prolonged period, which punishment, discipline, 4,479
or restraint is excessive under the circumstances and creates a 4,480
substantial risk of serious physical harm to the child; 4,481
(4) Repeatedly administer unwarranted disciplinary 4,483
measures to the child, when there is a substantial risk that such 4,484
conduct, if continued, will seriously impair or retard the 4,485
child's mental health or development; 4,486
(5) Entice, coerce, permit, encourage, compel, hire, 4,488
employ, use, or allow the child to act, model, or in any other 4,489
way participate in, or be photographed for, the production, 4,490
presentation, dissemination, or advertisement of any material or 4,491
performance that the offender knows or reasonably should know is 4,493
obscene, is sexually oriented matter, or is nudity-oriented 4,494
matter.
(C)(1) No person shall operate a vehicle, streetcar, or 4,496
trackless trolley within this state in violation of division (A) 4,498
of section 4511.19 of the Revised Code when one or more children 4,499
under eighteen years of age are in the vehicle, streetcar, or 4,500
trackless trolley. Notwithstanding any other provision of law, a 4,501
person may be convicted at the same trial or proceeding of a 4,502
violation of this division and a violation of division (A) of 4,503
section 4511.19 of the Revised Code that constitutes the basis of 4,504
the charge of the violation of this division. For purposes of 4,505
section 4511.191 of the Revised Code and all related provisions 4,506
of law, a person arrested for a violation of this division shall 4,507
be considered to be under arrest for operating a vehicle while 4,508
under the influence of alcohol, a drug of abuse, or alcohol and a 4,509
drug of abuse or for operating a vehicle with a prohibited 4,510
concentration of alcohol in the blood, breath, or urine. 4,511
(2) As used in division (C)(1) of this section, "vehicle," 4,513
"streetcar," and "trackless trolley" have the same meanings as in 4,514
section 4511.01 of the Revised Code. 4,515
107
(D)(1) Division (B)(5) of this section does not apply to 4,517
any material or performance that is produced, presented, or 4,518
disseminated for a bona fide medical, scientific, educational, 4,519
religious, governmental, judicial, or other proper purpose, by or 4,520
to a physician, psychologist, sociologist, scientist, teacher, 4,521
person pursuing bona fide studies or research, librarian, 4,522
clergyman, prosecutor, judge, or other person having a proper 4,523
interest in the material or performance. 4,524
(2) Mistake of age is not a defense to a charge under 4,526
division (B)(5) of this section. 4,527
(3) In a prosecution under division (B)(5) of this 4,529
section, the trier of fact may infer that an actor, model, or 4,530
participant in the material or performance involved is a juvenile 4,531
if the material or performance, through its title, text, visual 4,532
representation, or otherwise, represents or depicts the actor, 4,533
model, or participant as a juvenile. 4,534
(4) As used in this division and division (B)(5) of this 4,536
section: 4,537
(a) "Material," "performance," "obscene," and "sexual 4,539
activity" have the same meanings as in section 2907.01 of the 4,540
Revised Code. 4,541
(b) "Nudity-oriented matter" means any material or 4,543
performance that shows a minor in a state of nudity and that, 4,544
taken as a whole by the average person applying contemporary 4,545
community standards, appeals to prurient interest. 4,546
(c) "Sexually oriented matter" means any material or 4,548
performance that shows a minor participating or engaging in 4,549
sexual activity, masturbation, or bestiality. 4,550
(E)(1) Whoever violates this section is guilty of 4,552
endangering children. 4,553
(2) If the offender violates division (A) or (B)(1) of 4,555
this section, endangering children is one of the following: 4,556
(a) Except as otherwise provided in division (E)(2)(b), 4,559
(c), or (d) of this section, a misdemeanor of the first degree; 4,560
108
(b) If the offender previously has been convicted of an 4,563
offense under this section or of any offense involving neglect, 4,564
abandonment, contributing to the delinquency of, or physical 4,565
abuse of a child, except as otherwise provided in division 4,566
(E)(2)(c) or (d) of this section, a felony of the fourth degree; 4,567
(c) If the violation is a violation of division (A) of 4,569
this section and results in serious physical harm to the child 4,571
involved, a felony of the third degree;
(d) If the violation is a violation of division (B)(1) of 4,574
this section and results in serious physical harm to the child 4,575
involved, a felony of the second degree. 4,576
(3) If the offender violates division (B)(2), (3), or (4) 4,578
of this section, except as otherwise provided in this division, 4,579
endangering children is a felony of the third degree. If the 4,581
violation results in serious physical harm to the child involved, 4,583
or if the offender previously has been convicted of an offense 4,584
under this section or of any offense involving neglect, 4,585
abandonment, contributing to the delinquency of, or physical 4,586
abuse of a child, endangering children is a felony of the second 4,587
degree.
(4) If the offender violates division (B)(5) of this 4,590
section, endangering children is a felony of the second degree. 4,591
(5) If the offender violates division (C) of this section, 4,593
the offender shall be punished as follows: 4,594
(a) Except as otherwise provided in division (E)(5)(b) or 4,597
(c) of this section, endangering children in violation of
division (C) of this section is a misdemeanor of the first 4,599
degree.
(b) If the violation results in serious physical harm to 4,601
the child involved or the offender previously has been convicted 4,602
of an offense under this section or any offense involving 4,603
neglect, abandonment, contributing to the delinquency of, or 4,604
physical abuse of a child, except as otherwise provided in 4,605
division (E)(5)(c) of this section, endangering children in 4,607
109
violation of division (C) of this section is a felony of the 4,609
fifth degree.
(c) If the violation results in serious physical harm to 4,611
the child involved and if the offender previously has been 4,612
convicted of a violation of division (C) of this section, section 4,613
2903.06, 2903.07, or 2903.08 of the Revised Code, or section 4,614
2903.04 of the Revised Code in a case in which the offender was 4,615
subject to the sanctions described in division (D) of that 4,616
section, endangering children in violation of division (C) of 4,617
this section is a felony of the fourth degree. 4,618
(d) In addition to any term of imprisonment, fine, or 4,620
other sentence, penalty, or sanction it imposes upon the offender 4,621
pursuant to division (E)(5)(a), (b), or (c) of this section or 4,622
pursuant to any other provision of law, the court also may impose 4,623
upon the offender one or both of the following sanctions: 4,624
(i) It may require the offender, as part of the offender's 4,626
sentence and in the manner described in division (F) of this 4,627
section, to perform not more than two hundred hours of supervised 4,628
community service work under the authority of any agency, 4,629
political subdivision, or charitable organization of the type 4,630
described in division (F)(1) of section 2951.02 of the Revised 4,632
Code, provided that the court shall not require the offender to 4,633
perform supervised community service work under this division 4,634
unless the offender agrees to perform the supervised community 4,635
service work.
(ii) It may suspend the driver's or commercial driver's 4,637
license or permit or nonresident operating privilege of the 4,638
offender for up to ninety days, in addition to any suspension or 4,639
revocation of the offender's driver's or commercial driver's 4,640
license or permit or nonresident operating privilege under 4,641
Chapter 4506., 4507., 4509., or 4511. of the Revised Code or 4,642
under any other provision of law. 4,643
(e) In addition to any term of imprisonment, fine, or 4,645
other sentence, penalty, or sanction imposed upon the offender 4,646
110
pursuant to division (E)(5)(a), (b), (c), or (d) of this section 4,647
or pursuant to any other provision of law for the violation of 4,648
division (C) of this section, if as part of the same trial or 4,649
proceeding the offender also is convicted of or pleads guilty to 4,650
a separate charge charging the violation of division (A) of 4,651
section 4511.19 of the Revised Code that was the basis of the 4,652
charge of the violation of division (C) of this section, the 4,653
offender also shall be sentenced, in accordance with section 4,654
4511.99 of the Revised Code, for that violation of division (A) 4,655
of section 4511.19 of the Revised Code and also shall be subject 4,656
to all other sanctions that are required or authorized by any 4,657
provision of law for that violation of division (A) of section 4,658
4511.19 of the Revised Code. 4,659
(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of 4,661
this section, requires an offender to perform supervised 4,662
community service work under the authority of an agency, 4,663
subdivision, or charitable organization, the requirement shall be 4,664
part of the community control sanction or sentence of the 4,665
offender, and the court shall impose the community service in 4,667
accordance with and subject to divisions (F)(1)(a) and (b) of 4,668
this section. The court may require an offender whom it requires 4,669
to perform supervised community service work as part of the 4,670
offender's community control sanction or sentence to pay the 4,671
court a reasonable fee to cover the costs of the offender's 4,673
participation in the work, including, but not limited to, the 4,675
costs of procuring a policy or policies of liability insurance to 4,676
cover the period during which the offender will perform the work. 4,677
If the court requires the offender to perform supervised 4,678
community service work as part of the offender's community 4,679
control sanction or sentence, the court shall do so in accordance 4,680
with the following limitations and criteria: 4,681
(i) The court shall require that the community service 4,683
work be performed after completion of the term of imprisonment 4,684
imposed upon the offender for the violation of division (C) of 4,685
111
this section, if applicable. 4,686
(ii) The supervised community service work shall be 4,688
subject to the limitations set forth in divisions (F)(1)(a) to 4,690
(c) of section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in 4,692
the manner described in division (F)(1)(d) of section 2951.02 of 4,693
the Revised Code by an official or person with the qualifications 4,694
described in that division. The official or person periodically 4,695
shall report in writing to the court concerning the conduct of 4,696
the offender in performing the work.
(iv) The court shall inform the offender in writing that 4,698
if the offender does not adequately perform, as determined by the 4,700
court, all of the required community service work, the court may
order that the offender be committed to a jail or workhouse for a 4,701
period of time that does not exceed the term of imprisonment that 4,702
the court could have imposed upon the offender for the violation 4,703
of division (C) of this section, reduced by the total amount of 4,704
time that the offender actually was imprisoned under the sentence 4,705
or term that was imposed upon the offender for that violation and 4,706
by the total amount of time that the offender was confined for 4,707
any reason arising out of the offense for which the offender was 4,708
convicted and sentenced as described in sections 2949.08 and 4,710
2967.191 of the Revised Code, and that, if the court orders that 4,711
the offender be so committed, the court is authorized, but not 4,712
required, to grant the offender credit upon the period of the 4,713
commitment for the community service work that the offender 4,714
adequately performed.
(b) If a court, pursuant to this division and division 4,716
(E)(5)(d)(i) of this section, orders an offender to perform 4,717
community service work as part of the offender's community 4,718
control sanction or sentence and if the offender does not 4,720
adequately perform all of the required community service work, as 4,721
determined by the court, the court may order that the offender be 4,722
committed to a jail or workhouse for a period of time that does 4,723
112
not exceed the term of imprisonment that the court could have 4,724
imposed upon the offender for the violation of division (C) of 4,725
this section, reduced by the total amount of time that the 4,726
offender actually was imprisoned under the sentence or term that 4,727
was imposed upon the offender for that violation and by the total 4,728
amount of time that the offender was confined for any reason 4,729
arising out of the offense for which the offender was convicted 4,731
and sentenced as described in sections 2949.08 and 2967.191 of
the Revised Code. The court may order that a person committed 4,732
pursuant to this division shall receive hour-for-hour credit upon 4,733
the period of the commitment for the community service work that 4,734
the offender adequately performed. No commitment pursuant to 4,736
this division shall exceed the period of the term of imprisonment 4,737
that the sentencing court could have imposed upon the offender
for the violation of division (C) of this section, reduced by the 4,738
total amount of time that the offender actually was imprisoned 4,739
under that sentence or term and by the total amount of time that 4,740
the offender was confined for any reason arising out of the 4,741
offense for which the offender was convicted and sentenced as 4,742
described in sections 2949.08 and 2967.191 of the Revised Code. 4,743
(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do 4,745
not limit or affect the authority of the court to suspend the 4,746
sentence imposed upon a misdemeanor offender and place the 4,747
offender on probation or otherwise suspend the sentence pursuant 4,748
to sections 2929.51 and 2951.02 of the Revised Code, to require 4,749
the misdemeanor offender, as a condition of the offender's 4,750
probation or of otherwise suspending the offender's sentence, to 4,751
perform supervised community service work in accordance with 4,753
division (F) of section 2951.02 of the Revised Code, or to place 4,755
a felony offender under a community control sanction. 4,757
(G) If a court suspends an offender's driver's or 4,759
commercial driver's license or permit or nonresident operating 4,760
privilege under division (E)(5)(d)(ii) of this section, the 4,761
period of the suspension shall be consecutive to, and commence 4,762
113
after, the period of suspension or revocation of the offender's 4,763
driver's or commercial driver's license or permit or nonresident 4,764
operating privilege that is imposed under Chapter 4506., 4507., 4,765
4509., or 4511. of the Revised Code or under any other provision 4,766
of law in relation to the violation of division (C) of this 4,767
section that is the basis of the suspension under division 4,768
(E)(5)(d)(ii) of this section or in relation to the violation of 4,769
division (A) of section 4511.19 of the Revised Code that is the 4,770
basis for that violation of division (C) of this section. 4,771
If an offender's license, permit, or privilege has been 4,773
suspended under division (E)(5)(d)(ii) of this section and the 4,774
offender, within the preceding seven years, has been convicted of 4,775
or pleaded guilty to three or more violations of division (C) of 4,776
this section, division (A) or (B) of section 4511.19 of the 4,777
Revised Code, a municipal ordinance relating to operating a 4,778
vehicle while under the influence of alcohol, a drug of abuse, or 4,779
alcohol and a drug of abuse, a municipal ordinance relating to 4,780
operating a vehicle with a prohibited concentration of alcohol in 4,781
the blood, breath, or urine, section 2903.04 of the Revised Code 4,782
in a case in which the offender was subject to the sanctions 4,784
described in division (D) of that section, section 2903.06, 4,785
2903.07, or 2903.08 of the Revised Code or a municipal ordinance
that is substantially similar to section 2903.07 of the Revised 4,786
Code in a case in which the jury or judge found that the offender 4,788
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 4,790
other state or a municipal ordinance of a municipal corporation 4,791
located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code, the 4,793
offender is not entitled to request, and the court shall not 4,794
grant to the offender, occupational driving privileges under this 4,795
division. Any other offender whose license, permit, or 4,796
nonresident operating privilege has been suspended under division 4,797
(E)(5)(d)(ii) of this section may file with the sentencing court 4,798
114
a petition alleging that the suspension would seriously affect 4,799
the offender's ability to continue employment. Upon satisfactory 4,800
proof that there is reasonable cause to believe that the 4,801
suspension would seriously affect the offender's ability to 4,802
continue employment, the court may grant the offender 4,803
occupational driving privileges during the period during which 4,804
the suspension otherwise would be imposed, except that the court 4,805
shall not grant occupational driving privileges for employment as 4,806
a driver of commercial motor vehicles to any person who is 4,807
disqualified from operating a commercial motor vehicle under 4,808
section 2301.374 3119.611 or 4506.16 of the Revised Code OR WHOSE 4,810
COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY
INSTRUCTION PERMIT HAS BEEN SUSPENDED UNDER SECTION 3123.58 OF 4,811
THE REVISED CODE.
(H)(1) If a person violates division (C) of this section 4,813
and if, at the time of the violation, there were two or more 4,814
children under eighteen years of age in the motor vehicle 4,815
involved in the violation, the offender may be convicted of a 4,816
violation of division (C) of this section for each of the 4,817
children, but the court may sentence the offender for only one of 4,818
the violations. 4,819
(2)(a) If a person is convicted of or pleads guilty to a 4,821
violation of division (C) of this section but the person is not 4,822
also convicted of and does not also plead guilty to a separate 4,823
charge charging the violation of division (A) of section 4511.19 4,824
of the Revised Code that was the basis of the charge of the 4,825
violation of division (C) of this section, both of the following 4,826
apply: 4,827
(i) For purposes of the provisions of section 4511.99 of 4,829
the Revised Code that set forth the penalties and sanctions for a 4,830
violation of division (A) of section 4511.19 of the Revised Code, 4,831
the conviction of or plea of guilty to the violation of division 4,832
(C) of this section shall not constitute a violation of division 4,833
(A) of section 4511.19 of the Revised Code; 4,834
115
(ii) For purposes of any provision of law that refers to a 4,836
conviction of or plea of guilty to a violation of division (A) of 4,837
section 4511.19 of the Revised Code and that is not described in 4,838
division (H)(2)(a)(i) of this section, the conviction of or plea 4,839
of guilty to the violation of division (C) of this section shall 4,840
constitute a conviction of or plea of guilty to a violation of 4,841
division (A) of section 4511.19 of the Revised Code. 4,842
(b) If a person is convicted of or pleads guilty to a 4,844
violation of division (C) of this section and the person also is 4,845
convicted of or pleads guilty to a separate charge charging the 4,846
violation of division (A) of section 4511.19 of the Revised Code 4,847
that was the basis of the charge of the violation of division (C) 4,848
of this section, the conviction of or plea of guilty to the 4,849
violation of division (C) of this section shall not constitute, 4,850
for purposes of any provision of law that refers to a conviction 4,851
of or plea of guilty to a violation of division (A) of section 4,852
4511.19 of the Revised Code, a conviction of or plea of guilty to 4,853
a violation of division (A) of section 4511.19 of the Revised 4,854
Code. 4,855
(I) As used in this section, "community control sanction" 4,858
has the same meaning as in section 2929.01 of the Revised Code. 4,860
Sec. 2919.231. (A) No person, by using physical 4,869
harassment or threats of violence against another person, shall 4,870
interfere with the other person's initiation or continuance of, 4,872
or attempt to prevent the other person from initiating or
continuing, an action to issue or modify a support order under 4,873
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 4,874
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 4,876
3111.13, 3113.04, 3113.07, or 3113.31 of the Revised Code. 4,877
(B) Whoever violates this section is guilty of interfering 4,879
with an action to issue or modify a support order, a misdemeanor 4,880
of the first degree. If the offender previously has been 4,881
convicted of or pleaded guilty to a violation of this section or 4,882
of section 3111.29 3111.19 of the Revised Code, interfering with 4,884
116
an action to issue or modify a support order is a felony of the 4,885
fifth degree. 4,886
Sec. 3103.03. (A) Each married person must support the 4,896
person's self and spouse out of the person's property or by the 4,898
person's labor. If a married person is unable to do so, the 4,900
spouse of the married person must assist in the support so far as 4,901
the spouse is able. The biological or adoptive parent of a minor 4,902
child must support the parent's minor children out of the 4,904
parent's property or by the parent's labor. 4,905
(B) Notwithstanding section 3109.01 of the Revised Code, 4,907
the parental duty of support to children, including the duty of a 4,908
parent to pay support pursuant to a child support order, shall 4,909
continue beyond the age of majority as long as the child 4,910
continuously attends on a full-time basis any recognized and 4,911
accredited high school or a court-issued child support order 4,914
provides that the duty of support continues beyond the age of 4,915
majority. Except in cases in which a COURT-ISSUED child support 4,916
order requires the duty of support to continue for any period 4,917
after the child reaches age nineteen, the order shall not remain 4,918
in effect after the child reaches age nineteen. That duty of 4,919
support shall continue during seasonal vacation periods. 4,920
(C) If a married person neglects to support the person's 4,923
spouse in accordance with this section, any other person, in good 4,924
faith, may supply the spouse with necessaries for the support of 4,925
the spouse and recover the reasonable value of the necessaries 4,926
supplied from the married person who neglected to support the 4,927
spouse unless the spouse abandons that person without cause. 4,928
(D) If a parent neglects to support the parent's minor 4,931
child in accordance with this section and if the minor child in 4,932
question is unemancipated, any other person, in good faith, may 4,933
supply the minor child with necessaries for the support of the 4,934
minor child and recover the reasonable value of the necessaries 4,935
supplied from the parent who neglected to support the minor 4,936
child. 4,937
117
(E) If a decedent during the decedent's lifetime has 4,939
purchased an irrevocable preneed funeral contract pursuant to 4,942
section 1109.75 of the Revised Code, then the duty of support 4,943
owed to a spouse pursuant to this section does not include an 4,945
obligation to pay for the funeral expenses of the deceased 4,946
spouse. This division does not preclude a surviving spouse from 4,947
assuming by contract the obligation to pay for the funeral 4,948
expenses of the deceased spouse. 4,949
Sec. 3103.031. A biological parent of a child, a man 4,958
determined to be the natural father of a child under sections 4,959
3111.01 to 3111.19 3111.18 or 3111.20 to 3111.29 3111.85 of the 4,961
Revised Code, a parent who adopts a minor child pursuant to 4,962
Chapter 3107. of the Revised Code, or a parent whose signed 4,963
acknowledgment of paternity has become final pursuant to section 4,965
2151.232, 3111.211 3111.25, or 5101.314 3111.821 of the Revised 4,966
Code assumes the parental duty of support for that child. 4,969
Notwithstanding section 3109.01 of the Revised Code, the parental 4,970
duty of support to the child shall continue beyond the age of 4,971
majority as long as the child continuously attends on a full-time 4,972
basis any recognized and accredited high school or a court-issued 4,973
child support order provides that the duty of support continues 4,974
beyond the age of majority. Except in cases in which a 4,976
COURT-ISSUED child support order requires the duty of support to 4,977
continue for any period after the child reaches age nineteen, the 4,978
order shall not remain in effect after the child reaches age 4,979
nineteen. That duty of support shall continue during seasonal 4,980
vacation periods.
Sec. 3105.18. (A) As used in this section, "spousal 4,989
support" means any payment or payments to be made to a spouse or 4,990
former spouse, or to a third party for the benefit of a spouse or 4,991
a former spouse, that is both for sustenance and for support of 4,992
the spouse or former spouse. "Spousal support" does not include 4,993
any payment made to a spouse or former spouse, or to a third 4,994
party for the benefit of a spouse or former spouse, that is made 4,995
118
as part of a division or distribution of property or a 4,996
distributive award under section 3105.171 of the Revised Code. 4,997
(B) In divorce and legal separation proceedings, upon the 4,999
request of either party and after the court determines the 5,000
division or disbursement of property under section 3105.171 of 5,001
the Revised Code, the court of common pleas may award reasonable 5,002
spousal support to either party. During the pendency of any 5,003
divorce, or legal separation proceeding, the court may award 5,004
reasonable temporary spousal support to either party. 5,005
An award of spousal support may be allowed in real or 5,007
personal property, or both, or by decreeing a sum of money, 5,008
payable either in gross or by installments, from future income or 5,009
otherwise, as the court considers equitable. 5,010
Any award of spousal support made under this section shall 5,012
terminate upon the death of either party, unless the order 5,013
containing the award expressly provides otherwise. 5,014
(C)(1) In determining whether spousal support is 5,016
appropriate and reasonable, and in determining the nature, 5,017
amount, and terms of payment, and duration of spousal support, 5,018
which is payable either in gross or in installments, the court 5,019
shall consider all of the following factors: 5,020
(a) The income of the parties, from all sources, 5,022
including, but not limited to, income derived from property 5,023
divided, disbursed, or distributed under section 3105.171 of the 5,024
Revised Code; 5,025
(b) The relative earning abilities of the parties; 5,027
(c) The ages and the physical, mental, and emotional 5,029
conditions of the parties; 5,030
(d) The retirement benefits of the parties; 5,032
(e) The duration of the marriage; 5,034
(f) The extent to which it would be inappropriate for a 5,036
party, because that party will be custodian of a minor child of 5,038
the marriage, to seek employment outside the home; 5,039
(g) The standard of living of the parties established 5,041
119
during the marriage; 5,042
(h) The relative extent of education of the parties; 5,044
(i) The relative assets and liabilities of the parties, 5,046
including but not limited to any court-ordered payments by the 5,047
parties; 5,048
(j) The contribution of each party to the education, 5,050
training, or earning ability of the other party, including, but 5,051
not limited to, any party's contribution to the acquisition of a 5,052
professional degree of the other party; 5,053
(k) The time and expense necessary for the spouse who is 5,055
seeking spousal support to acquire education, training, or job 5,056
experience so that the spouse will be qualified to obtain 5,057
appropriate employment, provided the education, training, or job 5,058
experience, and employment is, in fact, sought; 5,059
(l) The tax consequences, for each party, of an award of 5,061
spousal support; 5,062
(m) The lost income production capacity of either party 5,064
that resulted from that party's marital responsibilities; 5,065
(n) Any other factor that the court expressly finds to be 5,067
relevant and equitable. 5,068
(2) In determining whether spousal support is reasonable 5,070
and in determining the amount and terms of payment of spousal 5,071
support, each party shall be considered to have contributed 5,072
equally to the production of marital income. 5,073
(D) In an action brought solely for an order for legal 5,075
separation under section 3105.17 of the Revised Code, any 5,076
continuing order for periodic payments of money entered pursuant 5,077
to this section is subject to further order of the court upon 5,078
changed circumstances of either party. 5,079
(E) If a continuing order for periodic payments of money 5,081
as alimony is entered in a divorce or dissolution of marriage 5,082
action that is determined on or after May 2, 1986, and before 5,083
January 1, 1991, or if a continuing order for periodic payments 5,084
of money as spousal support is entered in a divorce or 5,085
120
dissolution of marriage action that is determined on or after 5,086
January 1, 1991, the court that enters the decree of divorce or 5,087
dissolution of marriage does not have jurisdiction to modify the 5,088
amount or terms of the alimony or spousal support unless the 5,089
court determines that the circumstances of either party have 5,090
changed and unless one of the following applies: 5,091
(1) In the case of a divorce, the decree or a separation 5,093
agreement of the parties to the divorce that is incorporated into 5,094
the decree contains a provision specifically authorizing the 5,095
court to modify the amount or terms of alimony or spousal 5,096
support. 5,097
(2) In the case of a dissolution of marriage, the 5,099
separation agreement that is approved by the court and 5,100
incorporated into the decree contains a provision specifically 5,101
authorizing the court to modify the amount or terms of alimony or 5,102
spousal support. 5,103
(F) For purposes of divisions (D) and (E) of this section, 5,105
a change in the circumstances of a party includes, but is not 5,106
limited to, any increase or involuntary decrease in the party's 5,107
wages, salary, bonuses, living expenses, or medical expenses. 5,108
(G) Each order for alimony made or modified by a court 5,110
shall include as part of the order a general provision, as 5,112
described in division (A)(1) of section 3113.21 of the Revised 5,113
Code, requiring the withholding or deduction of income or assets 5,115
of the obligor under the order as described in division (D) of 5,117
section 3113.21 of the Revised Code or another type of 5,119
appropriate requirement as described in division (D)(3), (D)(4), 5,120
or (H) of that section, to ensure that withholding or deduction 5,123
from the income or assets of the obligor is available from the 5,125
commencement of the support order for collection of the support 5,126
and of any arrearages that occur; a statement requiring all 5,127
parties to the order to notify the child support enforcement 5,128
agency in writing of their current mailing address, current 5,129
residence address, current residence telephone number, current 5,130
121
driver's license number, and of any changes to that information; 5,131
and a notice that the requirement to notify the agency of all 5,133
changes to that information continues until further notice from 5,135
the court.
If any person required to pay alimony under an order made 5,137
or modified by a court on or after December 1, 1986, and before 5,138
January 1, 1991, or any person required to pay spousal support 5,139
under an order made or modified by a court on or after January 1, 5,140
1991, is found in contempt of court for failure to make alimony 5,141
or spousal support payments under the order, the court that makes 5,142
the finding, in addition to any other penalty or remedy imposed, 5,143
shall assess all court costs arising out of the contempt 5,144
proceeding against the person and shall require the person to pay 5,145
any reasonable attorney's fees of any adverse party, as 5,146
determined by the court, that arose in relation to the act of 5,147
contempt. 5,148
(H) In divorce or legal separation proceedings, the court 5,150
may award reasonable attorney's fees to either party at any stage 5,151
of the proceedings, including, but not limited to, any appeal, 5,152
any proceeding arising from a motion to modify a prior order or 5,153
decree, and any proceeding to enforce a prior order or decree, if 5,154
it determines that the other party has the ability to pay the 5,155
attorney's fees that the court awards. When the court determines 5,156
whether to award reasonable attorney's fees to any party pursuant 5,157
to this division, it shall determine whether either party will be 5,158
prevented from fully litigating that party's rights and 5,159
adequately protecting that party's interests if it does not award 5,161
reasonable attorney's fees.
Sec. 3105.21. (A) Upon satisfactory proof of the causes 5,170
in the complaint for divorce, annulment, or legal separation, the 5,171
court of common pleas shall make an order for the disposition, 5,172
care, and maintenance of the children of the marriage, as is in 5,173
their best interests, and in accordance with section 3109.04 of 5,174
the Revised Code. 5,175
122
(B) Upon the failure of proof of the causes in the 5,177
complaint, the court may make the order for the disposition, 5,178
care, and maintenance of any dependent child of the marriage as 5,179
is in the child's best interest, and in accordance with section 5,180
3109.04 of the Revised Code. 5,181
(C) Each order for child support made or modified under 5,183
this section shall include as part of the order a general 5,185
provision, as described in division (A)(1) of section 3113.21 of 5,186
the Revised Code, requiring the withholding or deduction of 5,188
income or assets of the obligor under the order as described in 5,190
division (D) of section 3113.21 of the Revised Code, or another 5,192
type of appropriate requirement as described in division (D)(3), 5,193
(D)(4), or (H) of that section, to ensure that withholding or 5,196
deduction from the income or assets of the obligor is available 5,198
from the commencement of the support order for collection of the 5,199
support and of any arrearages that occur; a statement requiring 5,200
all parties to the order to notify the child support enforcement 5,201
agency in writing of their current mailing address, current 5,202
residence address, current residence telephone number, current 5,203
driver's license number, and any changes to that information; and 5,204
a notice that the requirement to notify the agency of all changes 5,206
to that information continues until further notice from the 5,208
court. Any court of common pleas that makes or modifies an order 5,209
for child support under this section shall comply with sections 5,210
3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 3125. of 5,212
the Revised Code. If any person required to pay child support 5,214
under an order made under this section on or after April 15, 5,215
1985, or modified on or after December 1, 1986, is found in 5,216
contempt of court for failure to make support payments under the 5,217
order, the court that makes the finding, in addition to any other 5,218
penalty or remedy imposed, shall assess all court costs arising 5,219
out of the contempt proceeding against the person and require the 5,220
person to pay any reasonable attorney's fees of any adverse 5,221
party, as determined by the court, that arose in relation to the 5,222
123
act of contempt.
(D) Notwithstanding section 3109.01 of the Revised Code, 5,224
if a court issues a child support order under this section, the 5,225
order shall remain in effect beyond the child's eighteenth 5,226
birthday as long as the child continuously attends on a full-time 5,227
basis any recognized and accredited high school or the order 5,229
provides that the duty of support of the child continues beyond 5,230
the child's eighteenth birthday. Except in cases in which the 5,232
order provides that the duty of support continues for any period 5,233
after the child reaches age nineteen, the order shall not remain 5,234
in effect after the child reaches age nineteen. Any parent 5,235
ordered to pay support under a child support order issued under 5,236
this section shall continue to pay support under the order, 5,237
including during seasonal vacation periods, until the order 5,238
terminates. 5,239
Sec. 3105.63. (A)(1) A petition for dissolution of 5,248
marriage shall be signed by both spouses and shall have attached 5,249
and incorporated a separation agreement agreed to by both 5,250
spouses. The separation agreement shall provide for a division 5,251
of all property; spousal support; if there are minor children of 5,252
the marriage, the allocation of parental rights and 5,253
responsibilities for the care of the minor children, the 5,254
designation of a residential parent and legal custodian of the 5,255
minor children, child support, and visitation PARENTING TIME 5,256
rights; and, if the spouses so desire, an authorization for the 5,258
court to modify the amount or terms of spousal support provided 5,259
in the separation agreement. If there are minor children of the 5,260
marriage, the spouses may address the allocation of the parental 5,261
rights and responsibilities for the care of the minor children by 5,262
including in the separation agreement a plan under which both 5,263
parents will have shared rights and responsibilities for the care 5,264
of the minor children. The spouses shall file the plan with the 5,265
petition for dissolution of marriage and shall include in the 5,266
plan the provisions described in division (G) of section 3109.04 5,267
124
of the Revised Code. 5,268
(2) The division of property in the separation agreement 5,270
shall include any participant account, as defined in section 5,271
145.71 of the Revised Code, of either of the spouses, to the 5,272
extent of the following: 5,273
(a) The moneys that have been deferred by a continuing 5,275
member or participating employee, as defined in that section, and 5,276
that have been transmitted to the Ohio public employees deferred 5,277
compensation board during the marriage and any income that is 5,278
derived from the investment of those moneys during the marriage; 5,279
(b) The moneys that have been deferred by an officer or 5,281
employee of a municipal corporation and that have been 5,282
transmitted to the governing board, administrator, depository, or 5,283
trustee of the deferred compensation program of the municipal 5,284
corporation during the marriage and any income that is derived 5,285
from the investment of those moneys during the marriage; 5,286
(c) The moneys that have been deferred by an officer or 5,288
employee of a government unit, as defined in section 145.74 of 5,289
the Revised Code, and that have been transmitted to the governing 5,290
board, as defined in that section, during the marriage and any 5,291
income that is derived from the investment of those moneys during 5,292
the marriage. 5,293
(3) The separation agreement shall not require or permit 5,295
the division or disbursement of the moneys and income described 5,296
in division (A)(2) of this section to occur in a manner that is 5,297
inconsistent with the law, rules, or plan governing the deferred 5,298
compensation program involved or prior to the time that the 5,299
spouse in whose name the participant account is maintained 5,300
commences receipt of the moneys and income credited to the 5,301
account in accordance with that law, rules, and plan. 5,302
(B) An amended separation agreement may be filed at any 5,304
time prior to or during the hearing on the petition for 5,305
dissolution of marriage. Upon receipt of a petition for 5,306
dissolution of marriage, the court may cause an investigation to 5,307
125
be made pursuant to the Rules of Civil Procedure. 5,308
(C) If a petition for dissolution of marriage contains an 5,310
authorization for the court to modify the amount or terms of 5,311
spousal support provided in the separation agreement, the 5,312
modification shall be in accordance with section 3105.18 of the 5,313
Revised Code. 5,314
Sec. 3105.65. (A) If, at the time of the hearing, either 5,323
spouse is not satisfied with the separation agreement or does not 5,324
wish a dissolution of the marriage and if neither spouse files a 5,325
motion pursuant to division (C) of this section to convert the 5,326
action to an action for divorce, the court shall dismiss the 5,327
petition and refuse to validate the proposed separation 5,328
agreement. 5,329
(B) If, upon review of the testimony of both spouses and 5,331
of the report of the investigator pursuant to the Rules of Civil 5,332
Procedure, the court approves the separation agreement and any 5,333
amendments to it agreed upon by the parties, it shall grant a 5,334
decree of dissolution of marriage that incorporates the 5,335
separation agreement. If the separation agreement contains a 5,336
plan for the exercise of shared parenting by the spouses, the 5,337
court shall review the plan in accordance with the provisions of 5,338
division (D)(1) of section 3109.04 of the Revised Code that 5,339
govern the review of a pleading or motion requesting shared 5,340
parenting jointly submitted by both spouses to a marriage. A 5,341
decree of dissolution of marriage has the same effect upon the 5,342
property rights of the parties, including rights of dower and 5,343
inheritance, as a decree of divorce. The court has full power to 5,344
enforce its decree and retains jurisdiction to modify all matters 5,345
pertaining to the allocation of parental rights and 5,346
responsibilities for the care of the children, to the designation 5,347
f a residential parent and legal custodian of the children, to 5,348
child support, TO PARENTING TIME OF PARENTS WITH THE CHILDREN, 5,349
and to visitation FOR PERSONS WHO ARE NOT THE CHILDREN'S PARENTS. 5,351
The court, only in accordance with division (E)(2) of section 5,353
126
3105.18 of the Revised Code, may modify the amount or terms of 5,354
spousal support.
(C) At any time before a decree of dissolution of marriage 5,356
has been granted under division (B) of this section, either 5,357
spouse may convert the action for dissolution of marriage into a 5,358
divorce action by filing a motion with the court in which the 5,359
action for dissolution of marriage is pending for conversion of 5,360
the action for dissolution of marriage. The motion shall contain 5,361
a complaint for divorce that contains grounds for a divorce and 5,362
that otherwise complies with the Rules of Civil Procedure and 5,363
this chapter. The divorce action then shall proceed in 5,364
accordance with the Rules of Civil Procedure in the same manner 5,365
as if the motion had been the original complaint in the action, 5,366
including, but not limited to, the issuance and service of 5,367
summons pursuant to Civil Rules 4 to 4.6, except that no court 5,368
fees shall be charged upon conversion of the action for 5,369
dissolution of marriage into a divorce action under this 5,370
division. 5,371
Sec. 3107.01. As used in sections 3107.01 to 3107.19 of 5,380
the Revised Code:
(A) "Agency" means any public or private organization 5,382
certified, licensed, or otherwise specially empowered by law or 5,383
rule to place minors for adoption. 5,384
(B) "Attorney" means a person who has been admitted to the 5,386
bar by order of the Ohio supreme court. 5,387
(C) "Child" means a son or daughter, whether by birth or 5,389
by adoption. 5,390
(D) "Court" means the probate courts of this state, and 5,392
when the context requires, means the court of any other state 5,394
empowered to grant petitions for adoption. 5,395
(E) "Identifying information" means any of the following 5,398
with regard to a person: first name, last name, maiden name, 5,399
alias, social security number, address, telephone number, place 5,400
of employment, number used to identify the person for the purpose 5,401
127
of the statewide education management information system
established pursuant to section 3301.0714 of the Revised Code, 5,402
and any other number federal or state law requires or permits to 5,403
be used to identify the person.
(F) "Minor" means a person under the age of eighteen 5,405
years. 5,406
(G) "Putative father" means a man, including one under age 5,409
eighteen, who may be a child's father and to whom all of the 5,410
following apply:
(1) He is not married to the child's mother at the time of 5,412
the child's conception or birth; 5,413
(2) He has not adopted the child; 5,415
(3) He has not been determined, prior to the date a 5,417
petition to adopt the child is filed, to have a parent and child 5,418
relationship with the child by a court proceeding pursuant to 5,419
sections 3111.01 to 3111.19 3111.18 of the Revised Code, a court 5,421
proceeding in another state, an administrative agency proceeding 5,422
pursuant to sections 3111.20 3111.38 to 3111.29 3111.54 of the 5,424
Revised Code, or an administrative agency proceeding in another 5,426
state;
(4) He has not acknowledged paternity of the child 5,428
pursuant to section 5101.314 SECTIONS 3111.21 TO 3111.35 of the 5,429
Revised Code.
Sec. 3107.06. Unless consent is not required under section 5,438
3107.07 of the Revised Code, a petition to adopt a minor may be 5,439
granted only if written consent to the adoption has been executed 5,440
by all of the following: 5,441
(A) The mother of the minor; 5,443
(B) The father of the minor, if any of the following 5,445
apply:
(1) The minor was conceived or born while the father was 5,447
married to the mother; 5,448
(2) The minor is his child by adoption; 5,450
(3) Prior to the date the petition was filed, it was 5,452
128
determined by a court proceeding pursuant to sections 3111.01 to 5,453
3111.19 3111.18 of the Revised Code, a court proceeding in 5,456
another state, an administrative proceeding pursuant to sections
3111.20 3111.38 to 3111.29 3111.54 of the Revised Code, or an 5,458
administrative proceeding in another state that he has a parent 5,460
and child relationship with the minor; 5,461
(4) He acknowledged paternity of the child and that 5,463
acknowledgment has become final pursuant to section 2151.232, 5,464
3111.211 3111.25, or 5101.314 3111.821 of the Revised Code. 5,466
(C) The putative father of the minor; 5,468
(D) Any person or agency having permanent custody of the 5,470
minor or authorized by court order to consent; 5,471
(E) The juvenile court that has jurisdiction to determine 5,473
custody of the minor, if the legal guardian or custodian of the 5,474
minor is not authorized by law or court order to consent to the 5,475
adoption; 5,476
(F) The minor, if more than twelve years of age, unless 5,478
the court, finding that it is in the best interest of the minor, 5,479
determines that the minor's consent is not required. 5,480
Sec. 3107.064. (A) Except as provided in division (B) of 5,490
this section, a court shall not issue a final decree of adoption
or finalize an interlocutory order of adoption unless the mother 5,491
placing the minor for adoption or the agency or attorney 5,492
arranging the adoption files with the court a certified document 5,493
provided by the department of human services under section 5,494
3107.063 of the Revised Code. The court shall not accept the
document unless the date the department places on the document 5,495
pursuant to that section is thirty-one or more days after the 5,496
date of the minor's birth. 5,497
(B) The document described in division (A) of this section 5,500
is not required if any of the following apply:
(1) The mother was married at the time the minor was 5,502
conceived or born;
(2) The parent placing the minor for adoption previously 5,504
129
adopted the minor; 5,505
(3) Prior to the date a petition to adopt the minor is 5,507
filed, a man has been determined to have a parent and child 5,508
relationship with the minor by a court proceeding pursuant to 5,509
sections 3111.01 to 3111.19 3111.18 of the Revised Code, a court 5,511
proceeding in another state, an administrative agency proceeding 5,512
pursuant to sections 3111.20 3111.38 to 3111.29 3111.54 of the 5,514
Revised Code, or an administrative agency proceeding in another 5,515
state;
(4) The minor's father acknowledged paternity of the minor 5,517
and that acknowledgment has become final pursuant to section 5,519
2151.232, 3111.211 3111.25, or 5101.314 3111.821 of the Revised 5,520
Code;
(5) A public children services agency has permanent 5,523
custody of the minor pursuant to Chapter 2151. or division (B) of 5,524
section 5103.15 of the Revised Code after both parents lost or 5,525
surrendered parental rights, privileges, and responsibilities 5,526
over the minor.
Sec. 3109.04. (A) In any divorce, legal separation, or 5,535
annulment proceeding and in any proceeding pertaining to the 5,536
allocation of parental rights and responsibilities for the care 5,537
of a child, upon hearing the testimony of either or both parents 5,538
and considering any mediation report filed pursuant to section 5,539
3109.052 of the Revised Code and in accordance with sections 5,540
3109.21 to 3109.36 of the Revised Code, the court shall allocate 5,541
the parental rights and responsibilities for the care of the 5,542
minor children of the marriage. Subject to division (D)(2) of 5,543
this section, the court may allocate the parental rights and 5,544
responsibilities for the care of the children in either of the 5,545
following ways: 5,546
(1) If neither parent files a pleading or motion in 5,548
accordance with division (G) of this section, if at least one 5,549
parent files a pleading or motion under that division but no 5,550
parent who filed a pleading or motion under that division also 5,551
130
files a plan for shared parenting, or if at least one parent 5,552
files both a pleading or motion and a shared parenting plan under 5,553
that division but no plan for shared parenting is in the best 5,554
interest of the children, the court, in a manner consistent with 5,555
the best interest of the children, shall allocate the parental 5,556
rights and responsibilities for the care of the children 5,557
primarily to one of the parents, designate that parent as the 5,558
residential parent and the legal custodian of the child, and 5,559
divide between the parents the other rights and responsibilities 5,560
for the care of the children, including, but not limited to, the 5,561
responsibility to provide support for the children and the right 5,562
of the parent who is not the residential parent to have 5,563
continuing contact with the children. 5,564
(2) If at least one parent files a pleading or motion in 5,566
accordance with division (G) of this section and a plan for 5,567
shared parenting pursuant to that division and if a plan for 5,568
shared parenting is in the best interest of the children and is 5,569
approved by the court in accordance with division (D)(1) of this 5,570
section, the court may allocate the parental rights and 5,571
responsibilities for the care of the children to both parents and 5,572
issue a shared parenting order requiring the parents to share all 5,573
or some of the aspects of the physical and legal care of the 5,574
children in accordance with the approved plan for shared 5,575
parenting. If the court issues a shared parenting order under 5,576
this division and it is necessary for the purpose of receiving 5,577
public assistance, the court shall designate which one of the 5,578
parents' residences is to serve as the child's home. The child 5,579
support obligations of the parents under a shared parenting order 5,580
issued under this division shall be determined in accordance with 5,581
section 3113.215 CHAPTERS 3119., 3121., 3123., AND 3125. of the 5,583
Revised Code.
(B)(1) When making the allocation of the parental rights 5,585
and responsibilities for the care of the children under this 5,586
section in an original proceeding or in any proceeding for 5,587
131
modification of a prior order of the court making the allocation, 5,588
the court shall take into account that which would be in the best 5,589
interest of the children. In determining the child's best 5,590
interest for purposes of making its allocation of the parental 5,591
rights and responsibilities for the care of the child and for 5,592
purposes of resolving any issues related to the making of that 5,593
allocation, the court, in its discretion, may and, upon the 5,594
request of either party, shall interview in chambers any or all 5,595
of the involved children regarding their wishes and concerns with 5,596
respect to the allocation. 5,597
(2) If the court interviews any child pursuant to division 5,599
(B)(1) of this section, all of the following apply: 5,600
(a) The court, in its discretion, may and, upon the motion 5,602
of either parent, shall appoint a guardian ad litem for the 5,603
child. 5,604
(b) The court first shall determine the reasoning ability 5,606
of the child. If the court determines that the child does not 5,607
have sufficient reasoning ability to express his THE CHILD'S 5,608
wishes and concern with respect to the allocation of parental 5,610
rights and responsibilities for the care of the child, it shall 5,611
not determine the child's wishes and concerns with respect to the 5,612
allocation. If the court determines that the child has 5,613
sufficient reasoning ability to express his THE CHILD'S wishes or 5,615
concerns with respect to the allocation, it then shall determine 5,616
whether, because of special circumstances, it would not be in the 5,617
best interest of the child to determine the child's wishes and 5,618
concerns with respect to the allocation. If the court determines 5,619
that, because of special circumstances, it would not be in the 5,620
best interest of the child to determine the child's wishes and 5,621
concerns with respect to the allocation, it shall not determine 5,622
the child's wishes and concerns with respect to the allocation 5,623
and shall enter its written findings of fact and opinion in the 5,624
journal. If the court determines that it would be in the best 5,625
interests of the child to determine the child's wishes and 5,626
132
concerns with respect to the allocation, it shall proceed to make 5,627
that determination. 5,628
(c) The interview shall be conducted in chambers, and no 5,630
person other than the child, the child's attorney, the judge, any 5,631
necessary court personnel, and, in the judge's discretion, the 5,632
attorney of each parent shall be permitted to be present in the 5,633
chambers during the interview. 5,634
(3) No person shall obtain or attempt to obtain from a 5,636
child a written or recorded statement or affidavit setting forth 5,637
the child's wishes and concerns regarding the allocation of 5,638
parental rights and responsibilities concerning the child. No 5,639
court, in determining the child's best interest for purposes of 5,640
making its allocation of the parental rights and responsibilities 5,641
for the care of the child or for purposes of resolving any issues 5,642
related to the making of that allocation, shall accept or 5,643
consider a written or recorded statement or affidavit that 5,644
purports to set forth the child's wishes and concerns regarding 5,645
those matters. 5,646
(C) Prior to trial, the court may cause an investigation 5,648
to be made as to the character, family relations, past conduct, 5,649
earning ability, and financial worth of each parent and may order 5,650
the parents and their minor children to submit to medical, 5,651
psychological, and psychiatric examinations. The report of the 5,652
investigation and examinations shall be made available to either 5,653
parent or his THE PARENT'S counsel of record not less than five 5,654
days before trial, upon written request. The report shall be 5,656
signed by the investigator, and the investigator shall be subject 5,657
to cross-examination by either parent concerning the contents of 5,658
the report. The court may tax as costs all or any part of the 5,659
expenses for each investigation. 5,660
If the court determines that either parent previously has 5,662
been convicted of or pleaded guilty to any criminal offense 5,663
involving any act that resulted in a child being a neglected 5,664
child, that either parent previously has been determined to be 5,665
133
the perpetrator of the neglectful act that is the basis of an 5,666
adjudication that a child is a neglected child, or that there is 5,667
reason to believe that either parent has acted in a manner 5,668
resulting in a child being a neglected child, the court shall 5,669
consider that fact against naming that parent the residential 5,670
parent and against granting a shared parenting decree. When the 5,671
court allocates parental rights and responsibilities for the care 5,672
of children or determines whether to grant shared parenting in 5,673
any proceeding, it shall consider whether either parent has been 5,674
convicted of or pleaded guilty to a violation of section 2919.25 5,675
of the Revised Code involving a victim who at the time of the 5,676
commission of the offense was a member of the family or household 5,677
that is the subject of the proceeding, has been convicted of or 5,678
pleaded guilty to any other offense involving a victim who at the 5,679
time of the commission of the offense was a member of the family 5,680
or household that is the subject of the proceeding and caused 5,681
physical harm to the victim in the commission of the offense, or 5,682
has been determined to be the perpetrator of the abusive act that 5,683
is the basis of an adjudication that a child is an abused child. 5,684
If the court determines that either parent has been convicted of 5,685
or pleaded guilty to a violation of section 2919.25 of the 5,686
Revised Code involving a victim who at the time of the commission 5,687
of the offense was a member of the family or household that is 5,688
the subject of the proceeding, has been convicted of or pleaded 5,689
guilty to any other offense involving a victim who at the time of 5,690
the commission of the offense was a member of the family or 5,691
household that is the subject of the proceeding and caused 5,692
physical harm to the victim in the commission of the offense, or 5,693
has been determined to be the perpetrator of the abusive act that 5,694
is the basis of an adjudication that a child is an abused child, 5,695
it may designate that parent as the residential parent and may 5,696
issue a shared parenting decree or order only if it determines 5,697
that it is in the best interest of the child to name that parent 5,698
the residential parent or to issue a shared parenting decree or 5,699
134
order and it makes specific written findings of fact to support 5,700
its determination. 5,701
(D)(1)(a) Upon the filing of a pleading or motion by 5,703
either parent or both parents, in accordance with division (G) of 5,704
this section, requesting shared parenting and the filing of a 5,705
shared parenting plan in accordance with that division, the court 5,706
shall comply with division (D)(1)(a)(i), (ii), or (iii) of this 5,707
section, whichever is applicable: 5,708
(i) If both parents jointly make the request in their 5,710
pleadings or jointly file the motion and also jointly file the 5,711
plan, the court shall review the parents' plan to determine if it 5,712
is in the best interest of the children. If the court determines 5,713
that the plan is in the best interest of the children, the court 5,714
shall approve it. If the court determines that the plan or any 5,715
part of the plan is not in the best interest of the children, the 5,716
court shall require the parents to make appropriate changes to 5,717
the plan to meet the court's objections to it. If changes to the 5,718
plan are made to meet the court's objections, and if the new plan 5,719
is in the best interest of the children, the court shall approve 5,720
the plan. If changes to the plan are not made to meet the 5,721
court's objections, or if the parents attempt to make changes to 5,722
the plan to meet the court's objections, but the court determines 5,723
that the new plan or any part of the new plan still is not in the 5,724
best interest of the children, the court may reject the portion 5,725
of the parents' pleadings or deny their motion requesting shared 5,726
parenting of the children and proceed as if the request in the 5,727
pleadings or the motion had not been made. The court shall not 5,728
approve a plan under this division unless it determines that the 5,729
plan is in the best interest of the children. 5,730
(ii) If each parent makes a request in his THE PARENT'S 5,732
pleadings or files a motion and each also files his own A 5,734
separate plan, the court shall review each plan filed to 5,735
determine if either is in the best interest of the children. If 5,736
the court determines that one of the filed plans is in the best 5,737
135
interest of the children, the court may approve the plan. If the 5,738
court determines that neither filed plan is in the best interest 5,739
of the children, the court may order each parent to submit 5,740
appropriate changes to his own THE PARENT'S plan or both of the 5,741
filed plans to meet the court's objections, or may select one of 5,742
the filed plans and order each parent to submit appropriate 5,743
changes to the selected plan to meet the court's objections. If 5,744
changes to the plan or plans are submitted to meet the court's 5,745
objections, and if any of the filed plans with the changes is in 5,746
the best interest of the children, the court may approve the plan 5,747
with the changes. If changes to the plan or plans are not 5,748
submitted to meet the court's objections, or if the parents 5,749
submit changes to the plan or plans to meet the court's 5,750
objections but the court determines that none of the filed plans 5,751
with the submitted changes is in the best interest of the 5,752
children, the court may reject the portion of the parents' 5,753
pleadings or deny their motions requesting shared parenting of 5,754
the children and proceed as if the requests in the pleadings or 5,755
the motions had not been made. If the court approves a plan 5,756
under this division, either as originally filed or with submitted 5,757
changes, or if the court rejects the portion of the parents' 5,758
pleadings or denies their motions requesting shared parenting 5,759
under this division and proceeds as if the requests in the 5,760
pleadings or the motions had not been made, the court shall enter 5,761
in the record of the case findings of fact and conclusions of law 5,762
as to the reasons for the approval or the rejection or denial. 5,763
Division (D)(1)(b) of this section applies in relation to the 5,764
approval or disapproval of a plan under this division.
(iii) If each parent makes a request in his THE PARENT'S 5,766
pleadings or files a motion but only one parent files his own A 5,768
plan, or if only one parent makes a request in his THE PARENT'S 5,770
pleadings or files a motion and also files a plan, the court in 5,772
the best interest of the children may order the other parent to 5,773
file a plan for shared parenting in accordance with division (G) 5,774
136
of this section. The court shall review each plan filed to 5,775
determine if any plan is in the best interest of the children. 5,776
If the court determines that one of the filed plans is in the 5,777
best interest of the children, the court may approve the plan. 5,778
If the court determines that no filed plan is in the best 5,779
interest of the children, the court may order each parent to 5,780
submit appropriate changes to his own THE PARENT'S plan or both 5,782
of the filed plans to meet the court's objections or may select 5,783
one filed plan and order each parent to submit appropriate
changes to the selected plan to meet the court's objections. If 5,784
changes to the plan or plans are submitted to meet the court's 5,785
objections, and if any of the filed plans with the changes is in 5,786
the best interest of the children, the court may approve the plan 5,787
with the changes. If changes to the plan or plans are not 5,788
submitted to meet the court's objections, or if the parents 5,789
submit changes to the plan or plans to meet the court's 5,790
objections but the court determines that none of the filed plans 5,791
with the submitted changes is in the best interest of the 5,792
children, the court may reject the portion of the parents' 5,793
pleadings or deny the parents' motion or reject the portion of 5,794
the parents' pleadings or deny their motions requesting shared 5,795
parenting of the children and proceed as if the request or 5,796
requests or the motion or motions had not been made. If the 5,797
court approves a plan under this division, either as originally 5,798
filed or with submitted changes, or if the court rejects the 5,799
portion of the pleadings or denies the motion or motions 5,800
requesting shared parenting under this division and proceeds as 5,801
if the request or requests or the motion or motions had not been 5,802
made, the court shall enter in the record of the case findings of 5,803
fact and conclusions of law as to the reasons for the approval or 5,804
the rejection or denial. Division (D)(1)(b) of this section 5,805
applies in relation to the approval or disapproval of a plan 5,806
under this division. 5,807
(b) The approval of a plan under division (D)(1)(a)(ii) or 5,809
137
(iii) of this section is discretionary with the court. The court 5,810
shall not approve more than one plan under either division and 5,811
shall not approve a plan under either division unless it 5,812
determines that the plan is in the best interest of the children. 5,813
If the court, under either division, does not determine that any 5,814
filed plan or any filed plan with submitted changes is in the 5,815
best interest of the children, the court shall not approve any 5,816
plan. 5,817
(c) Whenever possible, the court shall require that a 5,819
shared parenting plan approved under division (D)(1)(a)(i), (ii), 5,820
or (iii) of this section ensure the opportunity for both parents 5,821
to have frequent and continuing contact with the child, unless 5,822
frequent and continuing contact with any parent would not be in 5,823
the best interest of the child. 5,824
(d) If a court approves a shared parenting plan under 5,826
division (D)(1)(a)(i), (ii), or (iii) of this section, the 5,827
approved plan shall be incorporated into a final shared parenting 5,828
decree granting the parents the shared parenting of the children. 5,829
Any final shared parenting decree shall be issued at the same 5,830
time as and shall be appended to the final decree of dissolution, 5,831
divorce, annulment, or legal separation arising out of the action 5,832
out of which the question of the allocation of parental rights 5,833
and responsibilities for the care of the children arose. 5,834
No provisional shared parenting decree shall be issued in 5,836
relation to any shared parenting plan approved under division 5,837
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared 5,838
parenting decree issued under this division has immediate effect 5,839
as a final decree on the date of its issuance, subject to 5,840
modification or termination as authorized by this section. 5,841
(2) If the court finds, with respect to any child under 5,843
eighteen years of age, that it is in the best interest of the 5,844
child for neither parent to be designated the residential parent 5,845
and legal custodian of the child, it may commit the child to a 5,846
relative of the child or certify a copy of its findings, together 5,847
138
with as much of the record and the further information, in 5,848
narrative form or otherwise, that it considers necessary or as 5,849
the juvenile court requests, to the juvenile court for further 5,850
proceedings, and, upon the certification, the juvenile court has 5,851
exclusive jurisdiction. 5,852
(E)(1)(a) The court shall not modify a prior decree 5,854
allocating parental rights and responsibilities for the care of 5,855
children unless it finds, based on facts that have arisen since 5,856
the prior decree or that were unknown to the court at the time of 5,857
the prior decree, that a change has occurred in the circumstances 5,858
of the child, his THE CHILD'S residential parent, or either of 5,859
the parents subject to a shared parenting decree, and that the 5,861
modification is necessary to serve the best interest of the 5,862
child. In applying these standards, the court shall retain the 5,863
residential parent designated by the prior decree or the prior 5,864
shared parenting decree, unless a modification is in the best 5,865
interest of the child and one of the following applies: 5,866
(i) The residential parent agrees to a change in the 5,868
residential parent or both parents under a shared parenting 5,869
decree agree to a change in the designation of residential 5,870
parent.
(ii) The child, with the consent of the residential parent 5,872
or of both parents under a shared parenting decree, has been 5,873
integrated into the family of the person seeking to become the 5,874
residential parent. 5,875
(iii) The harm likely to be caused by a change of 5,877
environment is outweighed by the advantages of the change of 5,878
environment to the child. 5,879
(b) One or both of the parents under a prior decree 5,881
allocating parental rights and responsibilities for the care of 5,882
children that is not a shared parenting decree may file a motion 5,883
requesting that the prior decree be modified to give both parents 5,884
shared rights and responsibilities for the care of the children. 5,885
The motion shall include both a request for modification of the 5,886
139
prior decree and a request for a shared parenting order that 5,887
complies with division (G) of this section. Upon the filing of 5,888
the motion, if the court determines that a modification of the 5,889
prior decree is authorized under division (E)(1)(a) of this 5,890
section, the court may modify the prior decree to grant a shared 5,891
parenting order, provided that the court shall not modify the 5,892
prior decree to grant a shared parenting order unless the court 5,893
complies with divisions (A) and (D)(1) of this section and, in 5,894
accordance with those divisions, approves the submitted shared 5,895
parenting plan and determines that shared parenting would be in 5,896
the best interest of the children. 5,897
(2) In addition to a modification authorized under 5,899
division (E)(1) of this section: 5,900
(a) Both parents under a shared parenting decree jointly 5,902
may modify the terms of the plan for shared parenting approved by 5,903
the court and incorporated by it into the shared parenting 5,904
decree. Modifications under this division may be made at any 5,906
time. The modifications to the plan shall be filed jointly by 5,907
both parents with the court, and the court shall include them in 5,908
the plan, unless they are not in the best interest of the 5,909
children. If the modifications are not in the best interests of 5,910
the children, the court, in its discretion, may reject the
modifications or make modifications to the proposed modifications 5,911
or the plan that are in the best interest of the children. 5,912
Modifications jointly submitted by both parents under a shared 5,913
parenting decree shall be effective, either as originally filed 5,914
or as modified by the court, upon their inclusion by the court in 5,916
the plan. Modifications to the plan made by the court shall be 5,917
effective upon their inclusion by the court in the plan.
(b) The court may modify the terms of the plan for shared 5,919
parenting approved by the court and incorporated by it into the 5,920
shared parenting decree upon its own motion at any time if the 5,921
court determines that the modifications are in the best interest 5,922
of the children or upon the request of one or both of the parents 5,924
140
under the decree. Modifications under this division may be made 5,925
at any time. The court shall not make any modification to the 5,926
plan under this division, unless the modification is in the best 5,927
interest of the children.
(c) The court may terminate a prior final shared parenting 5,929
decree that includes a shared parenting plan approved under 5,930
division (D)(1)(a)(i) of this section upon the request of one or 5,931
both of the parents or whenever it determines that shared 5,932
parenting is not in the best interest of the children. The court 5,933
may terminate a prior final shared parenting decree that includes 5,934
a shared parenting plan approved under division (D)(1)(a)(ii) or 5,935
(iii) of this section if it determines, upon its own motion or 5,936
upon the request of one or both parents, that shared parenting is 5,937
not in the best interest of the children. If modification of the 5,938
terms of the plan for shared parenting approved by the court and 5,939
incorporated by it into the final shared parenting decree is 5,940
attempted under division (E)(2)(a) of this section and the court 5,941
rejects the modifications, it may terminate the final shared 5,942
parenting decree if it determines that shared parenting is not in 5,943
the best interest of the children. 5,944
(d) Upon the termination of a prior final shared parenting 5,947
decree under division (E)(2)(c) of this section, the court shall 5,948
proceed and issue a modified decree for the allocation of 5,949
parental rights and responsibilities for the care of the children 5,950
under the standards applicable under divisions (A), (B), and (C) 5,951
of this section as if no decree for shared parenting had been 5,952
granted and as if no request for shared parenting ever had been 5,953
made.
(F)(1) In determining the best interest of a child 5,955
pursuant to this section, whether on an original decree 5,956
allocating parental rights and responsibilities for the care of 5,957
children or a modification of a decree allocating those rights 5,958
and responsibilities, the court shall consider all relevant 5,959
factors, including, but not limited to: 5,960
141
(a) The wishes of the child's parents regarding his THE 5,962
CHILD'S care; 5,963
(b) If the court has interviewed the child in chambers 5,965
pursuant to division (B) of this section regarding the child's 5,966
wishes and concerns as to the allocation of parental rights and 5,967
responsibilities concerning the child, the wishes and concerns of 5,968
the child, as expressed to the court; 5,969
(c) The child's interaction and interrelationship with his 5,971
THE CHILD'S parents, siblings, and any other person who may 5,972
significantly affect the child's best interest; 5,973
(d) The child's adjustment to his THE CHILD'S home, 5,975
school, and community; 5,976
(e) The mental and physical health of all persons involved 5,978
in the situation; 5,979
(f) The parent more likely to honor and facilitate 5,981
COURT-APPROVED PARENTING TIME RIGHTS OR visitation and 5,983
companionship rights approved by the court;
(g) Whether either parent has failed to make all child 5,985
support payments, including all arrearages, that are required of 5,986
that parent pursuant to a child support order under which that 5,987
parent is an obligor; 5,988
(h) Whether either parent previously has been convicted of 5,990
or pleaded guilty to any criminal offense involving any act that 5,991
resulted in a child being an abused child or a neglected child; 5,992
whether either parent, in a case in which a child has been 5,993
adjudicated an abused child or a neglected child, previously has 5,994
been determined to be the perpetrator of the abusive or 5,995
neglectful act that is the basis of an adjudication; whether 5,996
either parent previously has been convicted of or pleaded guilty 5,997
to a violation of section 2919.25 of the Revised Code involving a 5,998
victim who at the time of the commission of the offense was a 5,999
member of the family or household that is the subject of the 6,000
current proceeding; whether either parent previously has been 6,001
convicted of or pleaded guilty to any offense involving a victim 6,002
142
who at the time of the commission of the offense was a member of 6,003
the family or household that is the subject of the current 6,004
proceeding and caused physical harm to the victim in the 6,005
commission of the offense; and whether there is reason to believe 6,006
that either parent has acted in a manner resulting in a child 6,007
being an abused child or a neglected child; 6,008
(i) Whether the residential parent or one of the parents 6,010
subject to a shared parenting decree has continuously and 6,011
willfully denied the other parent his or her PARENT'S right to 6,012
visitation PARENTING TIME in accordance with an order of the 6,014
court;
(j) Whether either parent has established a residence, or 6,016
is planning to establish a residence, outside this state. 6,017
(2) In determining whether shared parenting is in the best 6,019
interest of the children, the court shall consider all relevant 6,020
factors, including, but not limited to, the factors enumerated in 6,021
division (F)(1) of this section, the factors enumerated in 6,022
division (B)(3) of section 3113.215 3119.23 of the Revised Code, 6,025
and all of the following factors: 6,026
(a) The ability of the parents to cooperate and make 6,028
decisions jointly, with respect to the children; 6,029
(b) The ability of each parent to encourage the sharing of 6,031
love, affection, and contact between the child and the other 6,032
parent; 6,033
(c) Any history of, or potential for, child abuse, spouse 6,035
abuse, other domestic violence, or parental kidnapping by either 6,036
parent; 6,037
(d) The geographic proximity of the parents to each other, 6,039
as the proximity relates to the practical considerations of 6,040
shared parenting; 6,041
(e) The recommendation of the guardian ad litem of the 6,043
child, if the child has a guardian ad litem. 6,044
(3) When allocating parental rights and responsibilities 6,046
for the care of children, the court shall not give preference to 6,047
143
a parent because of that parent's financial status or condition. 6,048
(G) Either parent or both parents of any children may file 6,050
a pleading or motion with the court requesting the court to grant 6,051
both parents shared parental rights and responsibilities for the 6,052
care of the children in a proceeding held pursuant to division 6,053
(A) of this section. If a pleading or motion requesting shared 6,054
parenting is filed, the parent or parents filing the pleading or 6,055
motion also shall file with the court a plan for the exercise of 6,056
shared parenting by both parents. If each parent files a 6,057
pleading or motion requesting shared parenting but only one 6,058
parent files his own A plan or if only one parent files a 6,059
pleading or motion requesting shared parenting and also files a 6,061
plan, the other parent as ordered by the court shall file with 6,062
the court a plan for the exercise of shared parenting by both 6,063
parents. The plan for shared parenting shall be filed with the 6,064
petition for dissolution of marriage, if the question of parental 6,065
rights and responsibilities for the care of the children arises 6,066
out of an action for dissolution of marriage, or, in other cases, 6,067
at a time at least thirty days prior to the hearing on the issue 6,068
of the parental rights and responsibilities for the care of the 6,069
children. A plan for shared parenting shall include provisions 6,070
covering all factors that are relevant to the care of the 6,071
children, including, but not limited to, provisions covering 6,072
factors such as physical living arrangements, child support 6,073
obligations, provision for the children's medical and dental 6,074
care, school placement, and the parent with which the children 6,075
will be physically located during legal holidays, school 6,076
holidays, and other days of special importance. 6,077
(H) If an appeal is taken from a decision of a court that 6,079
grants or modifies a decree allocating parental rights and 6,080
responsibilities for the care of children, the court of appeals 6,081
shall give the case calendar priority and handle it 6,082
expeditiously. 6,083
(I) As used in this section, "abused child" has the same 6,085
144
meaning as in section 2151.031 of the Revised Code, and 6,086
"neglected child" has the same meaning as in section 2151.03 of 6,087
the Revised Code. 6,088
(J) As used in the Revised Code, "shared parenting" means 6,090
that the parents share, in the manner set forth in the plan for 6,091
shared parenting that is approved by the court under division 6,092
(D)(1) and described in division (K)(6) of this section, all or 6,093
some of the aspects of physical and legal care of their children. 6,095
(K) For purposes of the Revised Code: 6,097
(1) A parent who is granted the care, custody, and control 6,099
of a child under an order that was issued pursuant to this 6,100
section prior to April 11, 1991, and that does not provide for 6,101
shared parenting has "custody of the child" and "care, custody, 6,102
and control of the child" under the order, and is the 6,103
"residential parent," the "residential parent and legal 6,104
custodian," or the "custodial parent" of the child under the 6,105
order. 6,106
(2) A parent who primarily is allocated the parental 6,108
rights and responsibilities for the care of a child and who is 6,109
designated as the residential parent and legal custodian of the 6,110
child under an order that is issued pursuant to this section on 6,111
or after April 11, 1991, and that does not provide for shared 6,112
parenting has "custody of the child" and "care, custody, and 6,113
control of the child" under the order, and is the "residential 6,114
parent," the "residential parent and legal custodian," or the 6,115
"custodial parent" of the child under the order. 6,116
(3) A parent who is not granted custody of a child under 6,118
an order that was issued pursuant to this section prior to April 6,119
11, 1991, and that does not provide for shared parenting is the 6,120
"parent who is not the residential parent," the "parent who is 6,121
not the residential parent and legal custodian," or the 6,122
"noncustodial parent" of the child under the order. 6,123
(4) A parent who is not primarily allocated the parental 6,125
rights and responsibilities for the care of a child and who is 6,126
145
not designated as the residential parent and legal custodian of 6,127
the child under an order that is issued pursuant to this section 6,128
on or after April 11, 1991, and that does not provide for shared 6,129
parenting is the "parent who is not the residential parent," the 6,130
"parent who is not the residential parent and legal custodian," 6,131
or the "noncustodial parent" of the child under the order. 6,132
(5) Unless the context clearly requires otherwise, if an 6,134
order is issued by a court pursuant to this section and the order 6,135
provides for shared parenting of a child, both parents have 6,136
"custody of the child" or "care, custody, and control of the 6,137
child" under the order, to the extent and in the manner specified 6,138
in the order. 6,139
(6) Unless the context clearly requires otherwise and 6,141
except as otherwise provided in the order, if an order is issued 6,142
by a court pursuant to this section and the order provides for 6,143
shared parenting of a child, each parent, regardless of where the 6,144
child is physically located or with whom the child is residing at 6,145
a particular point in time, as specified in the order, is the 6,147
"residential parent," the "residential parent and legal
custodian," or the "custodial parent" of the child. 6,148
(7) Unless the context clearly requires otherwise and 6,150
except as otherwise provided in the order, a designation in the 6,151
order of a parent as the residential parent for the purpose of 6,152
determining the school the child attends, as the custodial parent 6,153
for purposes of claiming the child as a dependent pursuant to 6,154
section 152(e) of the "Internal Revenue Code of 1986," 100 Stat. 6,155
2085, 26 U.S.C.A. 1, as amended, or as the residential parent for
purposes of receiving public assistance pursuant to division 6,156
(A)(2) of this section, does not affect the designation pursuant 6,157
to division (K)(6) of this section of each parent as the 6,158
"residential parent," the "residential parent and legal 6,159
custodian," or the "custodial parent" of the child.
Sec. 3109.05. (A)(1) In a divorce, dissolution of 6,168
marriage, legal separation, or child support proceeding, the 6,169
146
court may order either or both parents to support or help support 6,170
their children, without regard to marital misconduct. In 6,171
determining the amount reasonable or necessary for child support, 6,172
including the medical needs of the child, the court shall comply 6,173
with sections 3113.21 to 3113.219 CHAPTER 3119. of the Revised 6,175
Code.
(2) The court, in accordance with sections 3113.21 and 6,178
3113.217 CHAPTER 3119. of the Revised Code, shall include in each 6,180
support order made under this section the requirement that one or 6,182
both of the parents provide for the health care needs of the 6,183
child to the satisfaction of the court, and the court shall 6,184
include in the support order a requirement that all support 6,185
payments be made through the division OFFICE of child support in 6,186
the department of human services. 6,187
(3) Each order for child support made or modified under 6,189
this section shall include as part of the order a general 6,191
provision, as described in division (A)(1) of section 3113.21 of 6,192
the Revised Code, requiring the withholding or deduction of 6,194
income or assets of the obligor under the order as described in 6,196
division (D) or (H) of section 3113.21 of the Revised Code, or 6,198
another type of appropriate requirement as described in division 6,199
(D)(3), (D)(4), or (H) of that section, to ensure that 6,201
withholding or deduction from the income or assets of the obligor 6,203
is available from the commencement of the support order for 6,204
collection of the support and of any arrearages that occur; a 6,205
statement requiring both parents to notify the child support 6,206
enforcement agency in writing of their current mailing address; 6,207
current residence address, current residence telephone number, 6,208
current driver's license number, and any changes to that 6,209
information, and a notice that the requirement to notify the 6,210
agency of all changes to that information continues until further 6,212
notice from the court. The court shall comply with sections 6,213
3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 3125. of 6,215
the Revised Code when it makes or modifies an order for child 6,217
147
support under this section.
(B) The juvenile court has exclusive jurisdiction to enter 6,219
the orders in any case certified to it from another court. 6,220
(C) If any person required to pay child support under an 6,222
order made under division (A) of this section on or after April 6,223
15, 1985, or modified on or after December 1, 1986, is found in 6,224
contempt of court for failure to make support payments under the 6,225
order, the court that makes the finding, in addition to any other 6,226
penalty or remedy imposed, shall assess all court costs arising 6,227
out of the contempt proceeding against the person and require the 6,228
person to pay any reasonable attorney's fees of any adverse 6,229
party, as determined by the court, that arose in relation to the 6,230
act of contempt and, on or after July 1, 1992, shall assess 6,231
interest on any unpaid amount of child support pursuant to 6,232
section 3113.219 3123.17 of the Revised Code. 6,233
(D) The court shall not authorize or permit the escrowing, 6,235
impoundment, or withholding of any child support payment ordered 6,236
under this section or any other section of the Revised Code 6,237
because of a denial of or interference with a right of PARENTING 6,238
TIME GRANTED TO A PARENT IN AN ORDER ISSUED UNDER THIS SECTION OR 6,239
SECTION 3109.051 OR 3109.12 OF THE REVISED CODE OR companionship 6,241
or visitation granted in an order issued under this section, 6,242
section 3109.051, 3109.11, 3109.12, or any other section of the 6,243
Revised Code, or as a method of enforcing the specific provisions 6,244
of any such order dealing with PARENTING TIME OR visitation.
(E) Notwithstanding section 3109.01 of the Revised Code, 6,246
if a court issues a child support order under this section, the 6,247
order shall remain in effect beyond the child's eighteenth 6,248
birthday as long as the child continuously attends on a full-time 6,249
basis any recognized and accredited high school or the order 6,251
provides that the duty of support of the child continues beyond 6,252
the child's eighteenth birthday. Except in cases in which the 6,254
order provides that the duty of support continues for any period 6,255
after the child reaches age nineteen, the order shall not remain 6,256
148
in effect after the child reaches age nineteen. Any parent 6,258
ordered to pay support under a child support order issued under
this section shall continue to pay support under the order, 6,259
including during seasonal vacation periods, until the order 6,260
terminates. 6,261
Sec. 3109.051. (A) If a divorce, dissolution, legal 6,270
separation, or annulment proceeding involves a child and if the 6,271
court has not issued a shared parenting decree, the court shall 6,272
consider any mediation report filed pursuant to section 3109.052 6,273
of the Revised Code and, in accordance with division (C) of this 6,274
section, shall make a just and reasonable order or decree 6,275
permitting each parent who is not the residential parent to visit 6,276
HAVE PARENTING TIME WITH the child at the time and under the 6,278
conditions that the court directs, unless the court determines 6,279
that it would not be in the best interest of the child to permit 6,280
that parent to visit HAVE PARENTING TIME WITH the child and 6,282
includes in the journal its findings of fact and conclusions of 6,283
law. Whenever possible, the order or decree permitting the 6,284
visitation PARENTING TIME shall ensure the opportunity for both 6,285
parents to have frequent and continuing contact with the child, 6,286
unless frequent and continuing contact by either parent with the 6,287
child would not be in the best interest of the child. The court 6,288
shall include in its final decree a specific schedule of 6,289
visitation PARENTING TIME for that parent. Except as provided in 6,291
division (E)(6) of section 3113.31 of the Revised Code, if the 6,292
court, pursuant to this section, grants any person PARENTING TIME 6,294
TO A PARENT OR companionship or visitation rights TO ANY OTHER 6,295
PERSON with respect to any child, it shall not require the public 6,296
children services agency to provide supervision of or other 6,297
services related to that PARENT'S EXERCISE OF PARENTING TIME OR
THAT person's exercise of companionship or visitation rights with 6,299
respect to the child. This section does not limit the power of a 6,300
juvenile court pursuant to Chapter 2151. of the Revised Code to 6,301
issue orders with respect to children who are alleged to be 6,302
149
abused, neglected, or dependent children or to make dispositions 6,303
of children who are adjudicated abused, neglected, or dependent
children or of a common pleas court to issue orders pursuant to 6,304
section 3113.31 of the Revised Code. 6,305
(B)(1) In a divorce, dissolution of marriage, legal 6,307
separation, annulment, or child support proceeding that involves 6,308
a child, the court may grant reasonable companionship or 6,309
visitation rights to any grandparent, any person related to the 6,310
child by consanguinity or affinity, or any other person other 6,311
than a parent, if all of the following apply: 6,312
(a) The grandparent, relative, or other person files a 6,314
motion with the court seeking companionship or visitation rights. 6,315
(b) The court determines that the grandparent, relative, 6,317
or other person has an interest in the welfare of the child. 6,318
(c) The court determines that the granting of the 6,320
companionship or visitation rights is in the best interest of the 6,321
child. 6,322
(2) A motion may be filed under division (B)(1) of this 6,324
section during the pendency of the divorce, dissolution of 6,325
marriage, legal separation, annulment, or child support 6,326
proceeding or, if a motion was not filed at that time or was 6,327
filed at that time and the circumstances in the case have 6,328
changed, at any time after a decree or final order is issued in 6,329
the case. 6,330
(C) When determining whether TO GRANT PARENTING TIME 6,332
RIGHTS TO A PARENT PURSUANT TO THIS SECTION OR SECTION 3109.12 OF 6,333
THE REVISED CODE OR to grant companionship or visitation rights 6,335
to a parent, grandparent, relative, or other person pursuant to 6,336
this section or section 3109.11 or 3109.12 of the Revised Code, 6,337
when establishing a specific PARENTING TIME OR visitation 6,338
schedule, and when determining other PARENTING TIME MATTERS UNDER 6,339
THIS SECTION OR SECTION 3109.12 OF THE REVISED CODE OR visitation 6,340
matters under this section or section 3109.11 or 3109.12 of the 6,341
Revised Code, the court shall consider any mediation report that 6,342
150
is filed pursuant to section 3109.052 of the Revised Code and 6,343
shall consider all other relevant factors, including, but not 6,344
limited to, all of the factors listed in division (D) of this 6,345
section. In considering the factors listed in division (D) of 6,346
this section for purposes of determining whether to grant 6,347
PARENTING TIME OR visitation rights, establishing a specific 6,349
PARENTING TIME OR visitation schedule, determining other 6,350
PARENTING TIME MATTERS UNDER THIS SECTION OR SECTION 3109.12 OF 6,351
THE REVISED CODE OR visitation matters under this section or 6,352
under section 3109.11 or 3109.12 of the Revised Code, and 6,353
resolving any issues related to the making of any determination 6,354
with respect to PARENTING TIME OR visitation rights or the 6,356
establishment of any specific PARENTING TIME OR visitation
schedule, the court, in its discretion, may interview in chambers 6,358
any or all involved children regarding their wishes and concerns. 6,359
If the court interviews any child concerning the child's wishes 6,360
and concerns regarding those PARENTING TIME OR visitation 6,361
matters, the interview shall be conducted in chambers, and no 6,363
person other than the child, the child's attorney, the judge, any 6,364
necessary court personnel, and, in the judge's discretion, the 6,365
attorney of each parent shall be permitted to be present in the 6,366
chambers during the interview. No person shall obtain or attempt 6,367
to obtain from a child a written or recorded statement or 6,368
affidavit setting forth the wishes and concerns of the child 6,369
regarding those PARENTING TIME OR visitation matters. A court, 6,371
in considering the factors listed in division (D) of this section 6,372
for purposes of determining whether to grant any PARENTING TIME 6,373
OR visitation rights, establishing a PARENTING TIME OR visitation 6,374
schedule, determining other PARENTING TIME MATTERS UNDER THIS 6,375
SECTION OR SECTION 3109.12 OF THE REVISED CODE OR visitation 6,376
matters under this section or under section 3109.11 or 3109.12 of 6,377
the Revised Code, or resolving any issues related to the making 6,378
of any determination with respect to PARENTING TIME OR visitation 6,380
rights or the establishment of any specific PARENTING TIME OR 6,381
151
visitation schedule, shall not accept or consider a written or 6,382
recorded statement or affidavit that purports to set forth the 6,383
child's wishes or concerns regarding those PARENTING TIME OR 6,384
visitation matters. 6,385
(D) In determining whether to grant PARENTING TIME TO A 6,387
PARENT PURSUANT TO THIS SECTION OR SECTION 3109.12 OF THE REVISED 6,388
CODE OR companionship or visitation rights to a parent, 6,389
grandparent, relative, or other person pursuant to this section 6,390
or section 3109.11 or 3109.12 of the Revised Code, in 6,391
establishing a specific PARENTING TIME OR visitation schedule, 6,392
and in determining other PARENTING TIME MATTERS UNDER THIS 6,393
SECTION OR SECTION 3109.12 OF THE REVISED CODE OR visitation 6,394
matters under this section or section 3109.11 or 3109.12 of the 6,395
Revised Code, the court shall consider all of the following 6,396
factors:
(1) The prior interaction and interrelationships of the 6,398
child with the child's parents, siblings, and other persons 6,399
related by consanguinity or affinity, and with the person who 6,400
requested companionship or visitation if that person is not a 6,401
parent, sibling, or relative of the child; 6,402
(2) The geographical location of the residence of each 6,404
parent and the distance between those residences, and if the 6,405
person who requested companionship or visitation is not a parent, 6,406
the geographical location of that person's residence and the 6,407
distance between that person's residence and the child's 6,408
residence; 6,409
(3) The child's and parents' available time, including, 6,411
but not limited to, each parent's employment schedule, the 6,412
child's school schedule, and the child's and the parents' holiday 6,413
and vacation schedule; 6,414
(4) The age of the child; 6,416
(5) The child's adjustment to home, school, and community; 6,419
(6) If the court has interviewed the child in chambers, 6,421
pursuant to division (C) of this section, regarding the wishes 6,422
152
and concerns of the child as to visitation PARENTING TIME by the 6,423
parent who is not the residential parent or companionship or 6,425
visitation by the grandparent, relative, or other person who 6,426
requested the companionship or visitation, as to a specific 6,427
PARENTING TIME OR visitation schedule, or as to other PARENTING 6,429
TIME OR visitation matters, the wishes and concerns of the child, 6,431
as expressed to the court;
(7) The health and safety of the child; 6,433
(8) The amount of time that will be available for the 6,435
child to spend with siblings; 6,436
(9) The mental and physical health of all parties; 6,438
(10) Each parent's willingness to reschedule missed 6,440
visitation PARENTING TIME and to facilitate the other parent's 6,441
visitation PARENTING TIME rights, and if the WITH RESPECT TO A 6,443
person who requested companionship or visitation is not a parent, 6,445
the willingness of that person to reschedule missed visitation; 6,446
(11) In relation to visitation by a parent PARENTING TIME, 6,448
whether either parent previously has been convicted of or pleaded 6,450
guilty to any criminal offense involving any act that resulted in 6,451
a child being an abused child or a neglected child; whether 6,452
either parent, in a case in which a child has been adjudicated an 6,453
abused child or a neglected child, previously has been determined 6,454
to be the perpetrator of the abusive or neglectful act that is 6,455
the basis of the adjudication; and whether there is reason to 6,456
believe that either parent has acted in a manner resulting in a 6,457
child being an abused child or a neglected child; 6,458
(12) In relation to requested companionship or visitation 6,460
by a person other than a parent, whether the person previously 6,461
has been convicted of or pleaded guilty to any criminal offense 6,462
involving any act that resulted in a child being an abused child 6,463
or a neglected child; whether the person, in a case in which a 6,464
child has been adjudicated an abused child or a neglected child, 6,465
previously has been determined to be the perpetrator of the 6,466
abusive or neglectful act that is the basis of the adjudication; 6,467
153
whether either parent previously has been convicted of or pleaded 6,468
guilty to a violation of section 2919.25 of the Revised Code 6,469
involving a victim who at the time of the commission of the 6,470
offense was a member of the family or household that is the 6,471
subject of the current proceeding; whether either parent 6,472
previously has been convicted of an offense involving a victim 6,473
who at the time of the commission of the offense was a member of 6,474
the family or household that is the subject of the current 6,475
proceeding and caused physical harm to the victim in the 6,476
commission of the offense; and whether there is reason to believe 6,477
that the person has acted in a manner resulting in a child being 6,478
an abused child or a neglected child; 6,479
(13) Whether the residential parent or one of the parents 6,481
subject to a shared parenting decree has continuously and 6,482
willfully denied the other parent's right to visitation PARENTING 6,484
TIME in accordance with an order of the court; 6,485
(14) Whether either parent has established a residence or 6,487
is planning to establish a residence outside this state; 6,488
(15) Any other factor in the best interest of the child. 6,490
(E) The remarriage of a residential parent of a child does 6,492
not affect the authority of a court under this section to grant 6,493
visitation PARENTING TIME rights with respect to the child to the 6,495
parent who is not the residential parent or to grant reasonable 6,496
companionship or visitation rights with respect to the child to 6,497
any grandparent, any person related by consanguinity or affinity, 6,498
or any other person. 6,499
(F)(1) If the court, pursuant to division (A) of this 6,501
section, denies visitation PARENTING TIME to a parent who is not 6,502
the residential parent or denies a motion for reasonable 6,504
companionship or visitation rights filed under division (B) of 6,505
this section and the parent or movant files a written request for 6,506
findings of fact and conclusions of law, the court shall state in 6,507
writing its findings of fact and conclusions of law in accordance 6,508
with Civil Rule 52. 6,509
154
(2) On or before July 1, 1991, each court of common pleas, 6,511
by rule, shall adopt standard visitation PARENTING TIME 6,512
guidelines. A court shall have discretion to deviate from its 6,514
standard visitation PARENTING TIME guidelines based upon factors 6,515
set forth in division (D) of this section. 6,517
(G)(1) If the residential parent intends to move to a 6,519
residence other than the residence specified in the visitation 6,520
PARENTING TIME order or decree of the court, the parent shall 6,522
file a notice of intent to relocate with the court that issued 6,523
the order or decree. Except as provided in divisions (G)(2), 6,524
(3), and (4) of this section, the court shall send a copy of the 6,525
notice to the parent who is not the residential parent. Upon 6,526
receipt of the notice, the court, on its own motion or the motion 6,527
of the parent who is not the residential parent, may schedule a 6,528
hearing with notice to both parents to determine whether it is in 6,529
the best interest of the child to revise the visitation PARENTING 6,530
TIME schedule for the child. 6,532
(2) When a court grants visitation or companionship 6,534
PARENTING TIME rights to a parent who is not the residential 6,536
parent, the court shall determine whether that parent has been 6,537
convicted of or pleaded guilty to a violation of section 2919.25 6,538
of the Revised Code involving a victim who at the time of the 6,539
commission of the offense was a member of the family or household 6,540
that is the subject of the proceeding, has been convicted of or 6,541
pleaded guilty to any other offense involving a victim who at the 6,542
time of the commission of the offense was a member of the family 6,543
or household that is the subject of the proceeding and caused 6,544
physical harm to the victim in the commission of the offense, or 6,545
has been determined to be the perpetrator of the abusive act that 6,546
is the basis of an adjudication that a child is an abused child. 6,547
If the court determines that that parent has not been so 6,548
convicted and has not been determined to be the perpetrator of an 6,549
abusive act that is the basis of a child abuse adjudication, the 6,550
court shall issue an order stating that a copy of any notice of 6,551
155
relocation that is filed with the court pursuant to division 6,552
(G)(1) of this section will be sent to the parent who is given 6,553
the visitation or companionship PARENTING TIME rights in 6,554
accordance with division (G)(1) of this section. 6,556
If the court determines that the parent who is granted the 6,558
visitation or companionship PARENTING TIME rights has been 6,559
convicted of or pleaded guilty to a violation of section 2919.25 6,561
of the Revised Code involving a victim who at the time of the 6,562
commission of the offense was a member of the family or household 6,563
that is the subject of the proceeding, has been convicted of or 6,564
pleaded guilty to any other offense involving a victim who at the 6,565
time of the commission of the offense was a member of the family 6,566
or household that is the subject of the proceeding and caused 6,567
physical harm to the victim in the commission of the offense, or 6,568
has been determined to be the perpetrator of the abusive act that 6,569
is the basis of an adjudication that a child is an abused child, 6,570
it shall issue an order stating that that parent will not be 6,571
given a copy of any notice of relocation that is filed with the 6,572
court pursuant to division (G)(1) of this section unless the 6,573
court determines that it is in the best interest of the children 6,574
to give that parent a copy of the notice of relocation, issues an 6,575
order stating that that parent will be given a copy of any notice 6,576
of relocation filed pursuant to division (G)(1) of this section, 6,577
and issues specific written findings of fact in support of its 6,578
determination. 6,579
(3) If a court, prior to April 11, 1991, issued an order 6,581
granting visitation or companionship PARENTING TIME rights to a 6,582
parent who is not the residential parent and did not require the 6,584
residential parent in that order to give the parent who is 6,585
granted the visitation or companionship PARENTING TIME rights 6,586
notice of any change of address and if the residential parent 6,588
files a notice of relocation pursuant to division (G)(1) of this 6,589
section, the court shall determine if the parent who is granted 6,590
the visitation or companionship PARENTING TIME rights has been 6,591
156
convicted of or pleaded guilty to a violation of section 2919.25 6,593
of the Revised Code involving a victim who at the time of the 6,594
commission of the offense was a member of the family or household 6,595
that is the subject of the proceeding, has been convicted of or 6,596
pleaded guilty to any other offense involving a victim who at the 6,597
time of the commission of the offense was a member of the family 6,598
or household that is the subject of the proceeding and caused 6,599
physical harm to the victim in the commission of the offense, or 6,600
has been determined to be the perpetrator of the abusive act that 6,601
is the basis of an adjudication that a child is an abused child. 6,602
If the court determines that the parent who is granted the 6,603
visitation or companionship PARENTING TIME rights has not been so 6,604
convicted and has not been determined to be the perpetrator of an 6,606
abusive act that is the basis of a child abuse adjudication, the 6,607
court shall issue an order stating that a copy of any notice of 6,608
relocation that is filed with the court pursuant to division 6,609
(G)(1) of this section will be sent to the parent who is granted 6,610
visitation or companionship PARENTING TIME rights in accordance 6,611
with division (G)(1) of this section. 6,613
If the court determines that the parent who is granted the 6,615
visitation or companionship PARENTING TIME rights has been 6,616
convicted of or pleaded guilty to a violation of section 2919.25 6,618
of the Revised Code involving a victim who at the time of the 6,619
commission of the offense was a member of the family or household 6,620
that is the subject of the proceeding, has been convicted of or 6,621
pleaded guilty to any other offense involving a victim who at the 6,622
time of the commission of the offense was a member of the family 6,623
or household that is the subject of the proceeding and caused 6,624
physical harm to the victim in the commission of the offense, or 6,625
has been determined to be the perpetrator of the abusive act that 6,626
is the basis of an adjudication that a child is an abused child, 6,627
it shall issue an order stating that that parent will not be 6,628
given a copy of any notice of relocation that is filed with the 6,629
court pursuant to division (G)(1) of this section unless the 6,630
157
court determines that it is in the best interest of the children 6,631
to give that parent a copy of the notice of relocation, issues an 6,632
order stating that that parent will be given a copy of any notice 6,633
of relocation filed pursuant to division (G)(1) of this section, 6,634
and issues specific written findings of fact in support of its 6,635
determination. 6,636
(4) If a parent who is granted visitation or companionship 6,638
PARENTING TIME rights pursuant to this section or any other 6,640
section of the Revised Code is authorized by an order issued 6,641
pursuant to this section or any other court order to receive a 6,642
copy of any notice of relocation that is filed pursuant to 6,643
division (G)(1) of this section or pursuant to court order, if 6,644
the residential parent intends to move to a residence other than 6,645
the residence address specified in the visitation or 6,646
companionship PARENTING TIME order, and if the residential parent 6,648
does not want the parent who is granted the visitation or 6,649
companionship PARENTING TIME rights to receive a copy of the 6,650
relocation notice because the parent with visitation or 6,651
companionship PARENTING TIME rights has been convicted of or 6,653
pleaded guilty to a violation of section 2919.25 of the Revised 6,654
Code involving a victim who at the time of the commission of the 6,655
offense was a member of the family or household that is the 6,656
subject of the proceeding, has been convicted of or pleaded 6,657
guilty to any other offense involving a victim who at the time of 6,658
the commission of the offense was a member of the family or 6,659
household that is the subject of the proceeding and caused 6,660
physical harm to the victim in the commission of the offense, or 6,661
has been determined to be the perpetrator of the abusive act that 6,662
is the basis of an adjudication that a child is an abused child, 6,663
the residential parent may file a motion with the court 6,664
requesting that the parent who is granted the visitation or 6,665
companionship PARENTING TIME rights not receive a copy of any 6,666
notice of relocation. Upon the filing of the motion, the court 6,668
shall schedule a hearing on the motion and give both parents 6,669
158
notice of the date, time, and location of the hearing. If the 6,670
court determines that the parent who is granted the visitation or 6,671
companionship PARENTING TIME rights has been so convicted or has 6,672
been determined to be the perpetrator of an abusive act that is 6,674
the basis of a child abuse adjudication, the court shall issue an 6,675
order stating that the parent who is granted the visitation or 6,676
companionship PARENTING TIME rights will not be given a copy of 6,677
any notice of relocation that is filed with the court pursuant to 6,679
division (G)(1) of this section or that the residential parent is 6,680
no longer required to give that parent a copy of any notice of 6,681
relocation unless the court determines that it is in the best 6,682
interest of the children to give that parent a copy of the notice 6,683
of relocation, issues an order stating that that parent will be 6,684
given a copy of any notice of relocation filed pursuant to 6,685
division (G)(1) of this section, and issues specific written 6,686
findings of fact in support of its determination. If it does not 6,687
so find, it shall dismiss the motion. 6,688
(H)(1) Subject to division (F)(2) of section 2301.35 6,691
3125.16 and division (F) of section 3319.321 of the Revised Code, 6,692
a parent of a child who is not the residential parent of the 6,693
child is entitled to access, under the same terms and conditions 6,694
under which access is provided to the residential parent, to any 6,695
record that is related to the child and to which the residential 6,696
parent of the child legally is provided access, unless the court 6,697
determines that it would not be in the best interest of the child 6,698
for the parent who is not the residential parent to have access 6,699
to the records under those same terms and conditions. If the 6,700
court determines that the parent of a child who is not the 6,701
residential parent should not have access to records related to 6,702
the child under the same terms and conditions as provided for the 6,703
residential parent, the court shall specify the terms and 6,704
conditions under which the parent who is not the residential 6,705
parent is to have access to those records, shall enter its 6,706
written findings of facts and opinion in the journal, and shall 6,707
159
issue an order containing the terms and conditions to both the 6,708
residential parent and the parent of the child who is not the 6,709
residential parent. The court shall include in every order 6,710
issued pursuant to this division notice that any keeper of a 6,711
record who knowingly fails to comply with the order or division 6,712
(H) of this section is in contempt of court. 6,713
(2) Subject to division (F)(2) of section 2301.35 3125.16 6,716
and division (F) of section 3319.321 of the Revised Code, 6,718
subsequent to the issuance of an order under division (H)(1) of 6,719
this section, the keeper of any record that is related to a 6,720
particular child and to which the residential parent legally is 6,721
provided access shall permit the parent of the child who is not 6,722
the residential parent to have access to the record under the 6,723
same terms and conditions under which access is provided to the 6,724
residential parent, unless the residential parent has presented 6,725
the keeper of the record with a copy of an order issued under 6,726
division (H)(1) of this section that limits the terms and 6,727
conditions under which the parent who is not the residential 6,728
parent is to have access to records pertaining to the child and 6,729
the order pertains to the record in question. If the residential 6,730
parent presents the keeper of the record with a copy of that type 6,731
of order, the keeper of the record shall permit the parent who is 6,732
not the residential parent to have access to the record only in 6,733
accordance with the most recent order that has been issued 6,734
pursuant to division (H)(1) of this section and presented to the 6,735
keeper by the residential parent or the parent who is not the 6,736
residential parent. Any keeper of any record who knowingly fails 6,737
to comply with division (H) of this section or with any order 6,738
issued pursuant to division (H)(1) of this section is in contempt 6,739
of court. 6,740
(3) The prosecuting attorney of any county may file a 6,742
complaint with the court of common pleas of that county 6,743
requesting the court to issue a protective order preventing the 6,744
disclosure pursuant to division (H)(1) or (2) of this section of 6,745
160
any confidential law enforcement investigatory record. The court 6,746
shall schedule a hearing on the motion and give notice of the 6,747
date, time, and location of the hearing to all parties. 6,748
(I) A court that issues a visitation PARENTING TIME order 6,750
or decree pursuant to this section, OR section 3109.11 or 3109.12 6,752
of the Revised Code, or any other provision of the Revised Code 6,754
shall determine whether the parent granted the right of 6,755
visitation PARENTING TIME is to be permitted access, in 6,757
accordance with section 5104.011 of the Revised Code, to any 6,758
child day-care center that is, or that in the future may be, 6,759
attended by the children with whom the right of visitation 6,760
PARENTING TIME is granted. Unless the court determines that the 6,762
parent who is not the residential parent should not have access 6,763
to the center to the same extent that the residential parent is 6,764
granted access to the center, the parent who is not the
residential parent and who is granted visitation or companionship 6,765
PARENTING TIME rights is entitled to access to the center to the 6,767
same extent that the residential parent is granted access to the 6,768
center. If the court determines that the parent who is not the 6,769
residential parent should not have access to the center to the 6,770
same extent that the residential parent is granted such access 6,771
under division (C) of section 5104.011 of the Revised Code, the 6,772
court shall specify the terms and conditions under which the 6,773
parent who is not the residential parent is to have access to the 6,774
center, provided that the access shall not be greater than the 6,775
access that is provided to the residential parent under division 6,776
(C) of section 5104.011 of the Revised Code, the court shall 6,777
enter its written findings of fact and opinions in the journal, 6,778
and the court shall include the terms and conditions of access in 6,779
the visitation PARENTING TIME order or decree. 6,780
(J)(1) Subject to division (F) of section 3319.321 of the 6,782
Revised Code, when a court issues an order or decree allocating 6,783
parental rights and responsibilities for the care of a child, the 6,784
parent of the child who is not the residential parent of the 6,785
161
child is entitled to access, under the same terms and conditions 6,786
under which access is provided to the residential parent, to any 6,787
student activity that is related to the child and to which the 6,788
residential parent of the child legally is provided access, 6,789
unless the court determines that it would not be in the best 6,790
interest of the child to grant the parent who is not the 6,791
residential parent access to the student activities under those 6,792
same terms and conditions. If the court determines that the 6,793
parent of the child who is not the residential parent should not 6,794
have access to any student activity that is related to the child 6,795
under the same terms and conditions as provided for the 6,796
residential parent, the court shall specify the terms and 6,797
conditions under which the parent who is not the residential 6,798
parent is to have access to those student activities, shall enter 6,799
its written findings of facts and opinion in the journal, and 6,800
shall issue an order containing the terms and conditions to both 6,801
the residential parent and the parent of the child who is not the 6,802
residential parent. The court shall include in every order 6,803
issued pursuant to this division notice that any school official 6,804
or employee who knowingly fails to comply with the order or 6,805
division (J) of this section is in contempt of court. 6,806
(2) Subject to division (F) of section 3319.321 of the 6,808
Revised Code, subsequent to the issuance of an order under 6,809
division (J)(1) of this section, all school officials and 6,810
employees shall permit the parent of the child who is not the 6,811
residential parent to have access to any student activity under 6,812
the same terms and conditions under which access is provided to 6,813
the residential parent of the child, unless the residential 6,814
parent has presented the school official or employee, the board 6,815
of education of the school, or the governing body of the 6,816
chartered nonpublic school with a copy of an order issued under 6,817
division (J)(1) of this section that limits the terms and 6,818
conditions under which the parent who is not the residential 6,819
parent is to have access to student activities related to the 6,820
162
child and the order pertains to the student activity in question. 6,821
If the residential parent presents the school official or 6,822
employee, the board of education of the school, or the governing 6,823
body of the chartered nonpublic school with a copy of that type 6,824
of order, the school official or employee shall permit the parent 6,825
who is not the residential parent to have access to the student 6,826
activity only in accordance with the most recent order that has 6,827
been issued pursuant to division (J)(1) of this section and 6,828
presented to the school official or employee, the board of 6,829
education of the school, or the governing body of the chartered 6,830
nonpublic school by the residential parent or the parent who is 6,831
not the residential parent. Any school official or employee who 6,832
knowingly fails to comply with division (J) of this section or 6,833
with any order issued pursuant to division (J)(1) of this section 6,834
is in contempt of court. 6,835
(K) If any person is found in contempt of court for 6,837
failing to comply with or interfering with any order or decree 6,838
granting PARENTING TIME RIGHTS ISSUED PURSUANT TO THIS SECTION OR 6,839
SECTION 3109.12 OF THE REVISED CODE OR companionship or 6,840
visitation rights that is issued pursuant to this section, 6,841
section 3109.11 or 3109.12 of the Revised Code, or any other 6,842
provision of the Revised Code, the court that makes the finding, 6,843
in addition to any other penalty or remedy imposed, shall assess 6,844
all court costs arising out of the contempt proceeding against 6,845
the person and require the person to pay any reasonable 6,846
attorney's fees of any adverse party, as determined by the court, 6,847
that arose in relation to the act of contempt, and may award 6,848
reasonable compensatory PARENTING TIME OR visitation to the 6,849
person whose right of PARENTING TIME OR visitation was affected 6,850
by the failure or interference if such compensatory PARENTING 6,852
TIME OR visitation is in the best interest of the child. Any 6,854
compensatory PARENTING TIME OR visitation awarded under this 6,857
division shall be included in an order issued by the court and, 6,858
to the extent possible, shall be governed by the same terms and 6,859
163
conditions as was the PARENTING TIME OR visitation that was
affected by the failure or interference. 6,861
(L) Any person PARENT who requests reasonable PARENTING 6,863
TIME RIGHTS WITH RESPECT TO A CHILD UNDER THIS SECTION OR SECTION 6,864
3109.12 OF THE REVISED CODE OR ANY PERSON WHO REQUESTS REASONABLE 6,865
companionship or visitation rights with respect to a child under 6,866
this section, section 3109.11 or 3109.12 of the Revised Code, or 6,867
any other provision of the Revised Code may file a motion with 6,868
the court requesting that it waive all or any part of the costs 6,869
that may accrue in the proceedings under this section, section 6,870
3109.11, or section 3109.12 of the Revised Code. If the court 6,871
determines that the movant is indigent and that the waiver is in 6,872
the best interest of the child, the court, in its discretion, may 6,873
waive payment of all or any part of the costs of those 6,874
proceedings.
(M) The juvenile court has exclusive jurisdiction to enter 6,876
the orders in any case certified to it from another court. 6,877
(N) As used in this section: 6,879
(1) "Abused child" has the same meaning as in section 6,881
2151.031 of the Revised Code, and "neglected child" has the same 6,882
meaning as in section 2151.03 of the Revised Code. 6,883
(2) "Record" means any record, document, file, or other 6,885
material that contains information directly related to a child, 6,886
including, but not limited to, any of the following: 6,887
(a) Records maintained by public and nonpublic schools; 6,889
(b) Records maintained by facilities that provide child 6,891
day-care, as defined in section 5104.01 of the Revised Code, 6,892
publicly funded child day-care, as defined in section 5104.01 of 6,893
the Revised Code, or pre-school services operated by or under the 6,894
supervision of a school district board of education or a 6,895
nonpublic school; 6,896
(c) Records maintained by hospitals, other facilities, or 6,898
persons providing medical or surgical care or treatment for the 6,899
child; 6,900
164
(d) Records maintained by agencies, departments, 6,902
instrumentalities, or other entities of the state or any 6,903
political subdivision of the state, other than a child support 6,904
enforcement agency. Access to records maintained by a child 6,905
support enforcement agency is governed by division (F)(2) of 6,907
section 2301.35 3125.16 of the Revised Code. 6,908
(3) "Confidential law enforcement investigatory record" 6,910
has the same meaning as in section 149.43 of the Revised Code. 6,911
Sec. 3109.052. (A) If a proceeding for divorce, 6,920
dissolution, legal separation, annulment, or the allocation of 6,921
parental rights and responsibilities for the care of a child 6,922
involves one or more children, if the parents of the children do 6,923
not agree upon an appropriate allocation of parental rights and 6,924
responsibilities for the care of their children or do not agree 6,925
upon a specific schedule of visitation PARENTING TIME for their 6,926
children, the court may order the parents to mediate their 6,928
differences on those matters in accordance with mediation 6,929
procedures adopted by the court by local rule. When the court 6,930
determines whether mediation is appropriate in any proceeding, it 6,931
shall consider whether either parent previously has been 6,932
convicted of or pleaded guilty to a violation of section 2919.25 6,933
of the Revised Code involving a victim who at the time of the 6,934
commission of the offense was a member of the family or household 6,935
that is the subject of the proceeding, whether either parent 6,936
previously has been convicted of or pleaded guilty to an offense 6,937
involving a victim who at the time of the commission of the 6,938
offense was a member of the family or household that is the 6,939
subject of the proceeding and caused physical harm to the victim 6,940
in the commission of the offense, and whether either parent has 6,941
been determined to be the perpetrator of the abusive act that is 6,942
the basis of an adjudication that a child is an abused child. If 6,943
either parent has been convicted of or pleaded guilty to a 6,944
violation of section 2919.25 of the Revised Code involving a 6,945
victim who at the time of the commission of the offense was a 6,946
165
member of the family or household that is the subject of the 6,947
proceeding, has been convicted of or pleaded guilty to any other 6,948
offense involving a victim who at the time of the commission of 6,949
the offense was a member of the family or household that is the 6,950
subject of the proceeding and caused physical harm to the victim 6,951
in the commission of the offense, or has been determined to be 6,952
the perpetrator of the abusive act that is the basis of an 6,953
adjudication that a child is an abused child, the court may order 6,954
mediation only if the court determines that it is in the best 6,955
interests of the parties to order mediation and makes specific 6,956
written findings of fact to support its determination. 6,957
If a court issues an order pursuant to this division 6,959
requiring mediation, it also may order the parents to file a 6,960
mediation report within a specified period of time and order the 6,961
parents to pay the cost of mediation, unless either or both of 6,962
the parents file a motion requesting that the court waive that 6,963
requirement. Upon the filing of a motion requesting the waiver 6,964
of that requirement, the court, for good cause shown, may waive 6,965
the requirement that either or both parents pay the cost of 6,966
mediation or may require one of the parents to pay the entire 6,967
cost of mediation. Any mediation procedures adopted by local 6,968
court rule for use under this division shall include, but are not 6,969
limited to, provisions establishing qualifications for mediators 6,970
who may be employed or used and provisions establishing standards 6,971
for the conduct of the mediation. 6,972
(B) If a mediation order is issued under division (A) of 6,974
this section and the order requires the parents to file a 6,975
mediation report, the mediator and each parent who takes part in 6,976
mediation in accordance with the order jointly shall file a 6,977
report of the results of the mediation process with the court 6,978
that issued the order under that division. A mediation report 6,979
shall indicate only whether agreement has been reached on any of 6,980
the issues that were the subject of the mediation, and, if 6,981
agreement has been reached, the content and details of the 6,982
166
agreement. No mediation report shall contain any background 6,983
information concerning the mediation process or any information 6,984
discussed or presented in the process. The court shall consider 6,985
the mediation report when it allocates parental rights and 6,986
responsibilities for the care of children under section 3109.04 6,987
of the Revised Code and when it establishes a specific schedule 6,988
of visitation PARENTING TIME under section 3109.051 of the 6,989
Revised Code. The court is not bound by the mediation report and 6,991
shall consider the best interest of the children when making that 6,992
allocation or establishing the visitation PARENTING TIME 6,993
schedule.
(C) If a mediation order is issued under division (A) of 6,995
this section, the mediator shall not be made a party to, and 6,996
shall not be called as a witness or testify in, any action or 6,997
proceeding, other than a criminal, delinquency, child abuse, 6,998
child neglect, or dependent child action or proceeding, that is 6,999
brought by or against either parent and that pertains to the 7,000
mediation process, to any information discussed or presented in 7,001
the mediation process, to the allocation of parental rights and 7,002
responsibilities for the care of the parents' children, or to the 7,003
awarding of visitation PARENTING TIME rights in relation to their 7,005
children. The mediator shall not be made a party to, or be called 7,006
as a witness or testify in, such an action or proceeding even if 7,007
both parents give their prior consent to the mediator being made 7,008
a party to or being called as a witness or to testify in the 7,009
action or proceeding. 7,010
(D) Division (A) of this section does not apply to either 7,012
of the following: 7,013
(1) Any proceeding, or the use of mediation in any 7,015
proceeding that is not a proceeding for divorce, dissolution, 7,016
legal separation, annulment, or the allocation of parental rights 7,017
and responsibilities for the care of a child; 7,018
(2) The use of mediation in any proceeding for divorce, 7,020
dissolution, legal separation, annulment, or the allocation of 7,021
167
parental rights and responsibilities for the care of a child, in 7,022
relation to issues other than the appropriate allocation of 7,023
parental rights and responsibilities for the care of the parents' 7,024
children and other than a specific visitation PARENTING TIME 7,025
schedule for the parents' children. 7,027
Sec. 3109.12. (A) If a child is born to an unmarried 7,036
woman, the parents of the woman and any relative of the woman may 7,037
file a complaint requesting the court of common pleas of the 7,038
county in which the child resides to grant them reasonable 7,039
companionship or visitation rights with the child. If a child is 7,040
born to an unmarried woman and if the father of the child has 7,041
acknowledged the child and that acknowledgment has become final 7,042
pursuant to section 2151.232, 3111.211 3111.25, or 5101.314 7,044
3111.821 of the Revised Code or has been determined in an action 7,045
under Chapter 3111. of the Revised Code to be the father of the 7,046
child, the father, MAY FILE A COMPLAINT REQUESTING THAT THE COURT 7,047
OF COMMON PLEAS OF THE COUNTY IN WHICH THE CHILD RESIDES GRANT 7,048
HIM REASONABLE PARENTING TIME RIGHTS WITH THE CHILD AND the
parents of the father, and any relative of the father may file a 7,050
complaint requesting THAT the court of common pleas of the county 7,051
in which the child resides to grant them reasonable companionship 7,052
or visitation rights with respect to the child. 7,053
(B) The court may grant the PARENTING TIME RIGHTS OR 7,055
companionship or visitation rights requested under division (A) 7,057
of this section, if it determines that the granting of the 7,058
PARENTING TIME RIGHTS OR companionship or visitation rights is in 7,060
the best interest of the child. In determining whether to grant 7,061
any person reasonable PARENTING TIME RIGHTS OR REASONABLE 7,062
companionship or visitation rights with respect to any child, the 7,063
court shall consider all relevant factors, including, but not 7,064
limited to, the factors set forth in division (D) of section 7,065
3109.051 of the Revised Code. Divisions (C), (K), and (L) of 7,066
section 3109.051 of the Revised Code apply to the determination 7,067
of reasonable PARENTING TIME RIGHTS OR REASONABLE companionship 7,068
168
or visitation rights under this section and to any order granting 7,070
any such rights that is issued under this section.
The marriage or remarriage of the mother or father of a 7,072
child does not affect the authority of the court under this 7,073
section to grant the natural father, REASONABLE PARENTING TIME 7,074
RIGHTS OR the parents or relatives of the natural father, or the 7,076
parents or relatives of the mother of the child reasonable 7,077
companionship or visitation rights with respect to the child. 7,078
If the court denies a request for REASONABLE PARENTING TIME 7,080
RIGHTS OR reasonable companionship or visitation rights made 7,082
pursuant to division (A) of this section and the complainant 7,083
files a written request for findings of fact and conclusions of 7,084
law, the court shall state in writing its findings of fact and 7,085
conclusions of law in accordance with Civil Rule 52. 7,086
Except as provided in division (E)(6) of section 3113.31 of 7,088
the Revised Code, if the court, pursuant to this section, grants 7,089
any person PARENTING TIME RIGHTS OR companionship or visitation 7,090
rights with respect to any child, it shall not require the public 7,092
children services agency to provide supervision of or other 7,093
services related to that PARENT'S EXERCISE OF PARENTING TIME
RIGHTS WITH THE CHILD OR THAT person's exercise of companionship 7,094
or visitation rights with respect to the child. This section 7,095
does not limit the power of a juvenile court pursuant to Chapter 7,097
2151. of the Revised Code to issue orders with respect to 7,098
children who are alleged to be abused, neglected, or dependent 7,099
children or to make dispositions of children who are adjudicated 7,100
abused, neglected, or dependent children or of a common pleas 7,101
court to issue orders pursuant to section 3113.31 of the Revised 7,102
Code.
Sec. 3109.19. (A) As used in this section, "minor" has 7,112
the same meaning as in section 3107.01 of the Revised Code. 7,113
(B)(1) If a child is born to parents who are unmarried and 7,115
unemancipated minors, a parent of one of the minors is providing 7,117
support for the minors' child, and the minors have not signed an 7,118
169
acknowledgment of paternity or a parent and child relationship 7,119
has not been established between the child and the male minor, 7,120
the parent who is providing support for the child may request a 7,121
determination of the existence or nonexistence of a parent and 7,122
child relationship between the child and the male minor pursuant 7,123
to Chapter 3111. of the Revised Code. 7,124
(2) If a child is born to parents who are unmarried and 7,127
unemancipated minors, a parent of one of the minors is providing 7,128
support for the child, and the minors have signed an 7,129
acknowledgment of paternity that has become final pursuant to
section 2151.232, 3111.211 3111.25, or 5101.314 3111.821 of the 7,132
Revised Code or a parent and child relationship has been 7,134
established between the child and the male minor pursuant to 7,135
Chapter 3111. of the Revised Code, the parent who is providing 7,136
support for the child may file a complaint requesting that the 7,137
court issue an order or may request the child support enforcement 7,138
agency of the county in which the child resides to issue an 7,139
administrative order requiring all of the minors' parents to pay 7,140
support for the child.
(C)(1) On receipt of a complaint filed under division 7,142
(B)(2) of this section, the court shall schedule a hearing to 7,143
determine, in accordance with sections 3113.21 to 3113.219 7,146
CHAPTERS 3119., 3121., 3123., AND 3125. of the Revised Code, the 7,148
amount of child support the minors' parents are required to pay, 7,149
the method of paying the support, and the method of providing for 7,150
the child's health care needs. On receipt of a request under 7,153
division (B)(2) of this section, the agency shall schedule a
hearing to determine, in accordance with sections 3111.23 to 7,155
3111.28 and 3113.215 CHAPTERS 3119., 3121., 3123., AND 3125. of 7,156
the Revised Code, the amount of child support the minors' parents 7,157
are required to pay, the method of paying the support, and the 7,159
method of providing for the child's health care needs. At the 7,160
conclusion of the hearing, the court or agency shall issue an 7,161
order requiring the payment of support of the child and provision 7,162
170
for the child's health care needs. The court or agency shall 7,164
calculate the child support amount using the income of the 7,165
minors' parents instead of the income of the minors. If any of 7,166
the minors' parents are divorced, the court or agency shall 7,167
calculate the child support as if they were married, and issue a 7,168
child support order requiring the parents to pay a portion of any 7,169
support imposed as a separate obligation. If a child support 7,170
order issued pursuant to section 2151.23, 2151.231, 2151.232, 7,171
3111.13, 3111.20, 3111.211, or 3111.22 3111.81 of the Revised 7,173
Code requires one of the minors to pay support for the child, the 7,175
amount the minor is required to pay shall be deducted from any 7,176
amount that minor's parents are required to pay pursuant to an 7,177
order issued under this section. The hearing shall be held not 7,178
later than sixty days after the day the complaint is filed or the 7,179
request is made nor earlier than thirty days after the court or 7,180
agency gives the minors' parents notice of the action.
(2) An order issued by an agency for the payment of child 7,182
support shall include a notice stating all of the following: 7,183
that the parents of the minors may object to the order by filing 7,185
a complaint pursuant to division (B)(2) of this section with the 7,186
court requesting that the court issue an order requiring the 7,187
minors' parents to pay support for the child and provide for the 7,188
child's health care needs; that the complaint may be filed no 7,189
later than thirty days after the date of the issuance of the 7,190
agency's order; and that, if none of the parents of the minors 7,191
file a complaint pursuant to division (B)(2) of this section, the 7,193
agency's order is final and enforceable by a court and may be 7,194
modified and enforced only in accordance with sections 3111.23 to 7,195
3111.28 and sections 3113.21 to 3113.219 CHAPTERS 3119., 3121., 7,196
3123., AND 3125. of the Revised Code. 7,198
(D) An order issued by a court or agency under this 7,201
section shall remain in effect, except as modified pursuant to 7,202
sections 3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 7,204
3125. of the Revised Code with respect to a court-issued child 7,206
171
support order or pursuant to sections 3111.23 to 3111.28 and 7,207
3113.215 of the Revised Code with respect to an administrative 7,208
child support order, until the occurrence of any of the 7,209
following:
(1) The minor who resides with the parents required to pay 7,211
support under this section reaches the age of eighteen years, 7,212
dies, marries, enlists in the armed services, is deported, gains 7,213
legal or physical custody of the child, or is otherwise 7,214
emancipated. 7,215
(2) The child who is the subject of the order dies, is 7,217
adopted, is deported, or is transferred to the legal or physical 7,218
custody of the minor who lives with the parents required to pay 7,219
support under this section.
(3) The minor's parents to whom support is being paid 7,221
pursuant to this section is no longer providing any support for 7,222
the child. 7,223
(E)(1) The minor's parents to whom support is being paid 7,225
under a child support order issued by a court OR AGENCY pursuant 7,226
to this section shall notify, and the minor's parents who are 7,228
paying support may notify the child support enforcement agency of 7,229
the occurrence of any event described in division (D) of this 7,230
section. A willful failure to notify the agency as required by 7,231
this division is contempt of court WITH RESPECT TO A COURT CHILD 7,232
SUPPORT ORDER. Upon receiving notification pursuant to this 7,234
division, the agency shall comply with division (G)(4) of section 7,235
3113.21 SECTIONS 3119.90 TO 3119.95 of the Revised Code. 7,238
(2) The minor's parents to whom support is being paid 7,240
under a child support order issued by the agency pursuant to this 7,241
section shall notify, and the minor's parents who are paying 7,242
support may notify the child support enforcement agency of the 7,243
occurrence of any event described in division (D) of this 7,244
section. Upon receiving notification pursuant to this division, 7,245
the agency shall comply with division (E)(4) of section 3111.23 7,247
of the Revised Code.
172
Sec. 3109.21. As used in sections 3109.21 to 3109.37 of 7,256
the Revised Code: 7,257
(A) "Contestant" means a parent of a child who claims a 7,259
right to be the residential parent and legal custodian of the 7,260
child or claims visitation PARENTING TIME rights with respect to 7,261
the child, or a person, other than a parent of a child, who 7,263
claims a right to custody or visitation rights with respect to 7,264
the child.
(B) "Parenting determination" means a court decision and 7,266
court orders and instructions that, in relation to the parents of 7,267
a child, allocates parental rights and responsibilities for the 7,268
care of the child, including any designation of visitation 7,269
PARENTING TIME rights, and designates a residential parent and 7,271
legal custodian of the child or that, in relation to any other 7,272
person, provides for the custody of a child, including visitation 7,273
rights. It does not include a decision relating to child support 7,274
or any other monetary obligation of any person. 7,275
(C) "Parenting proceeding" includes proceedings in which a 7,277
parenting determination is one of several issues, such as an 7,278
action for divorce or separation, and includes child neglect and 7,279
dependency proceedings. 7,280
(D) "Decree" or "parenting decree" means a parenting 7,282
determination contained in a judicial decree or order made in a 7,283
parenting proceeding, and includes an initial decree and a 7,284
modification decree. 7,285
(E) "Home state" means the state in which the child, 7,287
immediately preceding the time involved, lived with his THE 7,288
CHILD'S parents, a parent, or a person acting as parent, for at 7,290
least six consecutive months, and in the case of a child less 7,291
than six months old the state in which the child lived from birth 7,292
with any of the persons mentioned. Periods of temporary absence 7,293
of any of the named persons are counted as part of the six-month 7,294
or other period. 7,295
(F) "Initial decree" means the first parenting decree 7,297
173
concerning a particular child. 7,298
(G) "Modification decree" means a parenting decree that 7,300
modifies or replaces a prior decree, whether made by the court 7,301
that rendered the prior decree or by another court. 7,302
(H) "Physical custody" means actual possession and control 7,304
of a child. 7,305
(I) "Person acting as parent" means a person, other than a 7,307
parent, who has physical custody of a child and who either has 7,308
been awarded custody by a court or claims a right to custody. 7,309
Sec. 3109.27. (A) Each party in a parenting proceeding, 7,318
in the party's first pleading or in an affidavit attached to that 7,319
pleading, shall give information under oath as to the child's 7,320
present address, the places where the child has lived within the 7,321
last five years, and the name and present address of each person 7,322
with whom the child has lived during that period. In this 7,323
pleading or affidavit, each party also shall include all of the 7,324
following information: 7,325
(1) Whether the party has participated as a party, a 7,327
witness, or in any other capacity in any other litigation, in 7,328
this or any other state, that concerned the allocation, between 7,329
the parents of the same child, of parental rights and 7,330
responsibilities for the care of the child and the designation of 7,331
the residential parent and legal custodian of the child or that 7,332
otherwise concerned the custody of the same child; 7,333
(2) Whether the party has information of any parenting 7,335
proceeding concerning the child pending in a court of this or any 7,336
other state; 7,337
(3) Whether the party knows of any person who is not a 7,339
party to the proceeding and has physical custody of the child or 7,340
claims to be a parent of the child who is designated the 7,341
residential parent and legal custodian of the child or to have 7,342
visitation PARENTING TIME rights with respect to the child or to 7,343
be a person other than a parent of the child who has custody or 7,345
visitation rights with respect to the child; 7,346
174
(4) Whether the party previously has been convicted of or 7,348
pleaded guilty to any criminal offense involving any act that 7,349
resulted in a child being an abused child or a neglected child or 7,350
previously has been determined, in a case in which a child has 7,351
been adjudicated an abused child or a neglected child, to be the 7,352
perpetrator of the abusive or neglectful act that was the basis 7,353
of the adjudication. 7,354
(B) If the declaration under division (A)(1), (2), (3), or 7,356
(4) of this section is in the affirmative, the court may require 7,357
the declarant to give additional information under oath. The 7,358
court may examine the parties under oath as to details of the 7,359
information furnished and as to other matters pertinent to the 7,360
court's jurisdiction and the disposition of the case. 7,361
(C) Each party has a continuing duty to inform the court 7,363
of any parenting proceeding concerning the child in this or any 7,364
other state of which the party obtained information during this 7,365
proceeding. 7,366
(D) A public children services agency, acting pursuant to 7,368
a complaint or an action on a complaint filed under section 7,370
2151.27 of the Revised Code, is not subject to the requirements 7,372
of this section.
(E) As used in this section, "abused child" has the same 7,374
meaning as in section 2151.031 of the Revised Code, and 7,375
"neglected child" has the same meaning as in section 2151.03 of 7,376
the Revised Code. 7,377
Sec. 3109.28. If the court learns from information 7,386
furnished by the parties pursuant to section 3109.27 of the 7,387
Revised Code or from other sources that a person not a party to 7,388
the parenting proceeding has physical custody of the child, 7,389
claims to be a parent of the child who has parental rights and
responsibilities for the care of the child and who has been 7,390
designated the residential parent and legal custodian of the 7,391
child, claims to be any other person with custody of the child, 7,392
or claims to have PARENTING TIME RIGHTS OR visitation rights with 7,393
175
respect to the child, it shall order that person to be joined as 7,394
a party and to be duly notified of the pendency of the proceeding 7,396
and of his THE PERSON'S joinder as a party. If the person joined 7,397
as a party is outside this state he THE PERSON shall be served 7,398
with process or otherwise notified in accordance with division 7,400
(B) of section 3109.23 of the Revised Code. 7,401
Sec. 3111.01. (A) As used in sections 3111.01 to 3111.29 7,410
3111.85 of the Revised Code, "parent and child relationship" 7,412
means the legal relationship that exists between a child and the 7,413
child's natural or adoptive parents and upon which those sections 7,414
and any other provision of the Revised Code confer or impose
rights, privileges, duties, and obligations. The "parent and 7,415
child relationship" includes the mother and child relationship 7,416
and the father and child relationship. 7,417
(B) The parent and child relationship extends equally to 7,419
all children and all parents, regardless of the marital status of 7,420
the parents.
Sec. 3111.02. (A) The parent and child relationship 7,429
between a child and the child's natural mother may be established 7,430
by proof of her having given birth to the child or pursuant to 7,431
sections 3111.01 to 3111.19 3111.18 or 3111.20 to 3111.29 3111.85 7,432
of the Revised Code. The parent and child relationship between a 7,433
child and the natural father of the child may be established by 7,434
an acknowledgment of paternity as provided in section 5101.314 7,436
SECTIONS 3111.20 TO 3111.35 of the Revised Code, and pursuant to 7,437
sections 3111.01 to 3111.19 3111.18 or 3111.20 3111.38 to 3111.29 7,439
3111.54 of the Revised Code. The parent and child relationship 7,440
between a child and the adoptive parent of the child may be 7,441
established by proof of adoption or pursuant to Chapter 3107. of 7,442
the Revised Code.
(B) A court that is determining a parent and child 7,444
relationship pursuant to this chapter shall give full faith and 7,445
credit to a parentage determination made under the laws of this 7,446
state or another state, regardless of whether the parentage 7,447
176
determination was made pursuant to a voluntary acknowledgement of
paternity, an administrative procedure, or a court proceeding. 7,448
Sec. 3111.03. (A) A man is presumed to be the natural 7,457
father of a child under any of the following circumstances: 7,458
(1) The man and the child's mother are or have been 7,460
married to each other, and the child is born during the marriage 7,461
or is born within three hundred days after the marriage is 7,462
terminated by death, annulment, divorce, or dissolution or after 7,463
the man and the child's mother separate pursuant to a separation 7,464
agreement. 7,465
(2) The man and the child's mother attempted, before the 7,467
child's birth, to marry each other by a marriage that was 7,468
solemnized in apparent compliance with the law of the state in 7,469
which the marriage took place, the marriage is or could be 7,470
declared invalid, and either of the following applies: 7,471
(a) The marriage can only be declared invalid by a court 7,473
and the child is born during the marriage or within three hundred 7,474
days after the termination of the marriage by death, annulment, 7,475
divorce, or dissolution; 7,476
(b) The attempted marriage is invalid without a court 7,478
order and the child is born within three hundred days after the 7,479
termination of cohabitation. 7,480
(3) The man and the child's mother, after the child's 7,482
birth, married or attempted to marry each other by a marriage 7,483
solemnized in apparent compliance with the law of the state in 7,484
which the marriage took place, and either of the following 7,485
occurs: 7,486
(a) The man has acknowledged his paternity of the child in 7,488
a writing sworn to before a notary public; 7,489
(b) The man is required to support the child by a written 7,491
voluntary promise or by a court order. 7,492
(4) An acknowledgment of paternity HAS BEEN filed with the 7,494
division of child support in the department of human services 7,498
becomes final pursuant to 3111.23 OR FORMER section 2151.232, 7,501
177
3111.211, or 5101.314 of the Revised Code AND HAS NOT BECOME 7,503
FINAL UNDER FORMER SECTION 3111.211 OR 5101.314 OR SECTION 7,504
2151.232, 3111.25, OR 3111.821 OF THE REVISED CODE. 7,505
(5) A court or administrative body, pursuant to section 7,507
3111.09, 3111.22, or 3115.52 of the Revised Code or otherwise, 7,509
has ordered that genetic tests be conducted or the natural mother 7,510
and alleged natural father voluntarily agreed to genetic testing 7,511
pursuant to former section 3111.21 of the Revised Code to 7,512
determine the father and child relationship and the results of 7,514
the genetic tests indicate a probability of ninety-nine per cent 7,515
or greater that the man is the biological father of the child. 7,517
(B)(1) A presumption arises under division (A)(3) of this 7,519
section regardless of the validity or invalidity of the marriage 7,520
of the parents. A presumption that arises under this section can 7,521
only be rebutted by clear and convincing evidence that includes 7,522
the results of genetic testing, except that a presumption that 7,523
arises under division (A)(1) or (2) of this section is conclusive 7,525
as provided in division (A) of section 3111.37 3111.95 of the 7,526
Revised Code and cannot be rebutted. AN ACKNOWLEDGMENT OF 7,528
PATERNITY THAT BECOMES FINAL UNDER SECTION 2151.232, 3111.25, OR 7,529
3111.821 OF THE REVISED CODE IS NOT A PRESUMPTION AND SHALL BE 7,530
CONSIDERED A FINAL AND ENFORCEABLE DETERMINATION OF PATERNITY 7,531
UNLESS THE ACKNOWLEDGMENT IS RESCINDED UNDER SECTION 3111.28 OF 7,532
THE REVISED CODE. If two or more conflicting presumptions arise 7,534
under this section, the court shall determine, based upon logic 7,535
and policy considerations, which presumption controls. If a 7,536
determination described in division (B)(3) of this section 7,537
conflicts with a presumption that arises under this section the
determination is controlling. 7,538
(2) Notwithstanding division (B)(1) of this section, a 7,540
presumption that arises under division (A)(4) of this section may 7,543
only be rebutted as provided in division (B)(2) of section 7,545
5101.314 of the Revised Code. 7,547
(3) Notwithstanding division (A)(5) of this section, a 7,549
178
final and enforceable determination finding the existence of a 7,551
father and child relationship pursuant to former section 3111.21 7,552
or section 3111.22 of the Revised Code that is based on the 7,554
results of genetic tests ordered pursuant to either of those 7,555
sections, is not a presumption. 7,556
(C) A (1) EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS 7,559
SECTION, A presumption of paternity that arose pursuant to this
section prior to the effective date of this amendment shall 7,561
remain valid on and after that date unless rebutted pursuant to 7,562
division (B) of this section. This division does not apply to a 7,563
determination described in division (B)(3) of this section AS 7,564
DIVISION (B)(3) OF THIS SECTION EXISTED PRIOR TO THE EFFECTIVE 7,565
DATE OF THIS AMENDMENT.
(2) A PRESUMPTION OF PATERNITY THAT AROSE PRIOR TO THE 7,567
EFFECTIVE DATE OF THIS AMENDMENT BASED ON AN ACKNOWLEDGMENT OF 7,568
PATERNITY THAT BECAME FINAL UNDER FORMER SECTION 3111.211 OR 7,569
5101.314 OR SECTION 2151.232 OF THE REVISED CODE IS NOT A
PRESUMPTION AND SHALL BE CONSIDERED A FINAL AND ENFORCEABLE 7,570
DETERMINATION OF PATERNITY UNLESS THE ACKNOWLEDGMENT IS RESCINDED 7,571
UNDER SECTION 3111.28 OF THE REVISED CODE.
Sec. 3111.04. (A) An action to determine the existence or 7,580
nonexistence of the father and child relationship may be brought 7,581
by the child or the child's personal representative, the child's 7,582
mother or her personal representative, a man alleged or alleging 7,583
himself to be the child's father, the child support enforcement 7,584
agency of the county in which the child resides if the child's 7,585
mother is a recipient of public assistance or of services under 7,586
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 7,587
U.S.C.A. 651, as amended, or the alleged father's personal 7,588
representative.
(B) An agreement does not bar an action under this 7,590
section. 7,591
(C) If an action under this section is brought before the 7,593
birth of the child and if the action is contested, all 7,594
179
proceedings, except service of process and the taking of 7,595
depositions to perpetuate testimony, may be stayed until after 7,596
the birth. 7,597
(D) A recipient of public assistance or of services under 7,599
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 7,600
U.S.C.A. 651, as amended, shall cooperate with the child support 7,601
enforcement agency of the county in which a child resides to 7,603
obtain an administrative determination pursuant to section 7,605
3111.22 SECTIONS 3111.38 TO 3111.54 of the Revised Code, or, if 7,607
necessary, a court determination pursuant to sections 3111.01 to 7,608
3111.19 3111.18 of the Revised Code, of the existence or 7,611
nonexistence of a parent and child relationship between the 7,612
father and the child. If the recipient fails to cooperate, the 7,614
agency may commence an action to determine the existence or
nonexistence of a parent and child relationship between the 7,615
father and the child pursuant to sections 3111.01 to 3111.19 7,616
3111.18 of the Revised Code. 7,617
(E) As used in this section, "public assistance" means 7,619
medical assistance under Chapter 5111. of the Revised Code, 7,620
assistance under Chapter 5107. of the Revised Code, or disability 7,621
assistance under Chapter 5115. of the Revised Code. 7,622
Sec. 3111.06. (A) The juvenile court has original 7,631
jurisdiction of any action authorized under sections 3111.01 to 7,632
3111.19 3111.18 of the Revised Code. An action may be brought 7,633
under those sections in the juvenile court of the county in which 7,635
the child, the child's mother, or the alleged father resides or 7,636
is found or, if the alleged father is deceased, of the county in 7,637
which proceedings for the probate of the alleged father's estate 7,639
have been or can be commenced, or of the county in which the
child is being provided support by the department of human 7,640
services of that county. An action pursuant to sections 3111.01 7,641
to 3111.19 3111.18 of the Revised Code to object to an 7,644
administrative order issued pursuant to former section 3111.21 or
section 3111.22 OR SECTIONS 3111.38 TO 3111.54 of the Revised 7,646
180
Code determining the existence or nonexistence of a parent and 7,647
child relationship that has not become final and enforceable, may 7,648
be brought only in the juvenile court of the county in which the 7,649
child support enforcement agency that issued the order is 7,650
located. If an action for divorce, dissolution, or legal 7,651
separation has been filed in a court of common pleas, that court 7,652
of common pleas has original jurisdiction to determine if the 7,653
parent and child relationship exists between one or both of the 7,654
parties and any child alleged or presumed to be the child of one 7,655
or both of the parties. 7,656
(B) A person who has sexual intercourse in this state 7,658
submits to the jurisdiction of the courts of this state as to an 7,659
action brought under sections 3111.01 to 3111.19 3111.18 of the 7,661
Revised Code with respect to a child who may have been conceived 7,662
by that act of intercourse. In addition to any other method 7,663
provided by the Rules of Civil Procedure, personal jurisdiction 7,664
may be acquired by personal service of summons outside this state 7,665
or by certified mail with proof of actual receipt. 7,666
Sec. 3111.07. (A) The natural mother, each man presumed 7,675
to be the father under section 3111.03 of the Revised Code, each 7,676
man alleged to be the natural father, and, if the party who 7,677
initiates the action is a recipient of public assistance as 7,678
defined in section 3111.04 of the Revised Code or if the 7,680
responsibility for the collection of support for the child who is 7,681
the subject of the action has been assumed by the child support 7,682
enforcement agency under Title IV-D of the "Social Security Act," 7,683
88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child 7,684
support enforcement agency of the county in which the child 7,685
resides shall be made parties to the action brought pursuant to 7,686
sections 3111.01 to 3111.19 3111.18 of the Revised Code or, if 7,687
not subject to the jurisdiction of the court, shall be given 7,689
notice of the action pursuant to the Rules of Civil Procedure and 7,690
shall be given an opportunity to be heard. The court may align 7,691
the parties. The child shall be made a party to the action 7,692
181
unless a party shows good cause for not doing so. Separate 7,693
counsel shall be appointed for the child if the court finds that 7,694
the child's interests conflict with those of the mother. 7,695
If the person bringing the action knows that a particular 7,697
man is not or, based upon the facts and circumstances present, 7,698
could not be the natural father of the child, the person bringing 7,699
the action shall not allege in the action that the man is the 7,700
natural father of the child and shall not make the man a party to 7,701
the action. 7,702
(B) If an action is brought pursuant to sections 3111.01 7,704
to 3111.19 3111.18 of the Revised Code and the child to whom the 7,706
action pertains is or was being provided support by the 7,707
department of human services, a county department of human 7,708
services, or another public agency, the department, county 7,709
department, or agency may intervene for purposes of collecting or 7,710
recovering the support.
Sec. 3111.08. (A) An action brought pursuant to sections 7,720
3111.01 to 3111.19 3111.18 of the Revised Code to declare the 7,721
existence or nonexistence of the father and child relationship is 7,723
a civil action and shall be governed by the Rules of Civil 7,724
Procedure unless a different procedure is specifically provided 7,725
by those sections. 7,726
(B) If an action is brought against a person to declare 7,728
the existence or nonexistence of the father and child 7,729
relationship between that person and a child and the person in 7,730
his answer admits the existence or nonexistence of the father and 7,731
child relationship as alleged in the action, the court shall 7,732
enter judgment in accordance with section 3111.13 of the Revised 7,733
Code. If the person against whom the action is brought fails to 7,734
plead or otherwise defend against the action, the opposing party 7,736
may make an oral or written motion for default judgment pursuant 7,738
to the Rules of Civil Procedure. The court shall render a 7,739
judgment by default against the person after hearing satisfactory 7,740
evidence of the truth of the statements in the complaint. 7,742
182
Sec. 3111.09. (A)(1) In any action instituted under 7,751
sections 3111.01 to 3111.19 3111.18 of the Revised Code, the 7,752
court, upon its own motion, may order and, upon the motion of any 7,754
party to the action, shall order the child's mother, the child, 7,755
the alleged father, and any other person who is a defendant in 7,756
the action to submit to genetic tests. Instead of or in addition 7,757
to genetic testing ordered pursuant to this section, the court 7,758
may use the following information to determine the existence of a 7,760
parent and child relationship between the child and the child's 7,761
mother, the alleged father, or another defendant: 7,762
(a) A DNA record of the child's mother, the child, the 7,766
alleged father, or any other defendant that is stored in the DNA 7,767
database pursuant to section 109.573 of the Revised Code;
(b) Results of genetic tests conducted on the child, the 7,770
child's mother, the alleged father, or any other defendant 7,771
pursuant to former section 3111.21 or section 3111.22 OR SECTIONS 7,772
3111.38 TO 3111.54 of the Revised Code. 7,774
If the court intends to use the information described in 7,777
division (A)(1)(a) of this section, it shall order the 7,778
superintendent of the bureau of criminal identification and 7,779
investigation to disclose the information to the court. If the 7,780
court intends to use the genetic test results described in 7,781
division (A)(1)(b) of this section, it shall order the agency 7,782
that ordered the tests to provide the report of the genetic test 7,783
results to the court.
(2) If the child support enforcement agency is not made a 7,786
party to the action, the clerk of the court shall schedule the 7,787
genetic testing no later than thirty days after the court issues 7,788
its order. If the agency is made a party to the action, the 7,789
agency shall schedule the genetic testing in accordance with the 7,790
rules adopted by the department of human services pursuant to 7,791
section 2301.35 3111.611 of the Revised Code. If the alleged 7,793
father of a child brings an action under sections 3111.01 to 7,794
3111.19 3111.18 of the Revised Code and if the mother of the 7,795
183
child willfully fails to submit to genetic testing or if the 7,796
mother is the custodian of the child and willfully fails to 7,797
submit the child to genetic testing, the court, on the motion of 7,798
the alleged father, shall issue an order determining the 7,800
existence of a parent and child relationship between the father 7,801
and the child without genetic testing. If the mother or other 7,802
guardian or custodian of the child brings an action under 7,803
sections 3111.01 to 3111.19 3111.18 of the Revised Code and if 7,805
the alleged father of the child willfully fails to submit himself 7,806
to genetic testing or, if the alleged father is the custodian of 7,807
the child and willfully fails to submit the child to genetic 7,808
testing, the court shall issue an order determining the existence 7,809
of a parent and child relationship between the father and the 7,810
child without genetic testing. If a party shows good cause for 7,811
failing to submit to genetic testing or for failing to submit the 7,812
child to genetic testing, the court shall not consider the 7,813
failure to be willful.
(3) Except as provided in division (A)(4) of this section, 7,816
any fees charged for the tests shall be paid by the party that 7,817
requests them, unless the custodian of the child is represented 7,818
by the child support enforcement agency in its role as the agency 7,819
providing enforcement of child support orders under Title IV-D of 7,820
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, 7,821
as amended, the custodian is a participant in Ohio works first 7,823
under Chapter 5107. of the Revised Code for the benefit of the 7,825
child, or the defendant in the action is found to be indigent, in 7,826
which case the child support enforcement agency shall pay the 7,827
costs of genetic testing. The child support enforcement agency, 7,828
within guidelines contained in that federal law, shall use funds 7,829
received pursuant to Title IV-D of the "Social Security Act," 88 7,830
Stat. 2351 (1975), 42 U.S.C. 651, as amended, to pay the fees 7,831
charged for the tests.
Except as provided in division (A)(4) of this section, if 7,833
there is a dispute as to who shall pay the fees charged for 7,834
184
genetic testing, the child support enforcement agency shall pay 7,835
the fees, but neither the court nor the agency shall delay 7,836
genetic testing due to a dispute as to who shall pay the genetic 7,837
testing fees. The child support enforcement agency or the person 7,838
who paid the fees charged for the genetic testing may seek 7,839
reimbursement for the genetic testing fees from the person 7,840
against whom the court assesses the costs of the action. Any 7,841
funds used in accordance with this division by the child support 7,842
enforcement agency shall be in addition to any other funds that 7,843
the agency is entitled to receive as a result of any contractual 7,844
provision for specific funding allocations for the agency between 7,845
the county, the state, and the federal government. 7,846
(4) If, pursuant to former section 3111.21 or section 7,849
3111.22 OR SECTIONS 3111.38 TO 3111.54 of the Revised Code, the 7,852
agency has previously conducted genetic tests on the child, 7,853
child's mother, alleged father, or any other defendant and the 7,854
current action pursuant to section 3111.01 to 3111.19 3111.18 of 7,855
the Revised Code has been brought to object to the result of 7,858
those previous tests, the agency shall not be required to pay the 7,859
fees for conducting genetic tests pursuant to this section on the 7,860
same persons.
(B)(1) The genetic tests shall be made by qualified 7,862
examiners who are authorized by the court or the department of 7,863
human services. An examiner conducting a genetic test, upon the 7,864
completion of the test, shall send a complete report of the test 7,865
results to the clerk of the court that ordered the test or, if 7,866
the agency is a party to the action, to the child support 7,867
enforcement agency of the county in which the court that ordered
the test is located. 7,868
(2) If a court orders the superintendent of the bureau of 7,870
criminal identification and investigation to disclose information 7,871
regarding a DNA record stored in the DNA database pursuant to 7,872
section 109.573 of the Revised Code, the superintendent shall 7,873
send the information to the clerk of the court that issued the 7,875
185
order or, if the agency is a party to the action, to the child 7,876
support enforcement agency of the county in which the court that
issued the order is located. 7,877
(3) If a court orders the child support enforcement agency 7,879
to provide the report of the genetic test results obtained 7,880
pursuant to former section 3111.21 or section 3111.22 OR SECTIONS 7,882
3111.38 TO 3111.54 of the Revised Code, the agency shall send the 7,883
information to the person or government entity designated by the 7,885
court that issued the order.
(4) The clerk, agency, or person or government entity 7,888
under division (B)(3) of this section that receives a report or 7,889
information pursuant to division (B)(1), (2), or (3) of this 7,891
section shall mail a copy of the report or information to the 7,893
attorney of record for each party or, if a party is not 7,895
represented by an attorney, to the party. The clerk, agency, or 7,896
person or government entity under division (B)(3) of this section 7,898
that receives a copy of the report or information shall include 7,899
with the report or information sent to an attorney of record of a 7,900
party or a party a notice that the party may object to the 7,901
admission into evidence of the report or information by filing a 7,902
written objection as described in division (D) of section 3111.12 7,903
of the Revised Code with the court that ordered the tests or 7,904
ordered the disclosure of the information no later than fourteen 7,905
days after the report or information was mailed to the attorney 7,907
of record or to the party. The examiners may be called as 7,908
witnesses to testify as to their findings. Any party may demand 7,909
that other qualified examiners perform independent genetic tests 7,910
under order of the court. The number and qualifications of the 7,911
independent examiners shall be determined by the court. 7,912
(C) Nothing in this section prevents any party to the 7,914
action from producing other expert evidence on the issue covered 7,915
by this section, but, if other expert witnesses are called by a 7,916
party to the action, the fees of these expert witnesses shall be 7,917
paid by the party calling the witnesses and only ordinary witness 7,918
186
fees for these expert witnesses shall be taxed as costs in the 7,919
action. 7,920
(D) If the court finds that the conclusions of all the 7,922
examiners are that the alleged father is not the father of the 7,923
child, the court shall enter judgment that the alleged father is 7,924
not the father of the child. If the examiners disagree in their 7,925
findings or conclusions, the court shall determine the father of 7,927
the child based upon all the evidence.
(E) As used in sections 3111.01 to 3111.29 3111.85 of the 7,929
Revised Code: 7,930
(1) "Genetic tests" and "genetic testing" mean either of 7,932
the following:
(a) Tissue or blood tests, including tests that identify 7,936
the presence or absence of common blood group antigens, the red 7,937
blood cell antigens, human lymphocyte antigens, serum enzymes, 7,938
serum proteins, or genetic markers; 7,939
(b) Deoxyribonucleic acid typing of blood or buccal cell 7,941
samples.
"Genetic test" and "genetic testing" may include the typing 7,943
and comparison of deoxyribonucleic acid derived from the blood of 7,944
one individual and buccal cells of another. 7,945
(2) "DNA record" and "DNA database" have the same meanings 7,948
as in section 109.573 of the Revised Code.
Sec. 3111.10. In an action brought under sections 3111.01 7,957
to 3111.19 3111.18 of the Revised Code, evidence relating to 7,958
paternity may include: 7,960
(A) Evidence of sexual intercourse between the mother and 7,962
alleged father at any possible time of conception; 7,963
(B) An expert's opinion concerning the statistical 7,965
probability of the alleged father's paternity, which opinion is 7,966
based upon the duration of the mother's pregnancy; 7,967
(C) Genetic test results, weighted in accordance with 7,969
evidence, if available, of the statistical probability of the 7,970
alleged father's paternity; 7,971
187
(D) Medical evidence relating to the alleged father's 7,973
paternity of the child based on tests performed by experts. If a 7,974
man has been identified as a possible father of the child, the 7,975
court may, and upon the request of a party shall, require the 7,976
child, the mother, and the man to submit to appropriate tests. 7,977
Any fees charged for the tests shall be paid by the party that 7,978
requests them unless the court orders the fees taxed as costs in 7,979
the action. 7,980
(E) All other evidence relevant to the issue of paternity 7,982
of the child. 7,983
Sec. 3111.11. If the person against whom an action is 7,992
brought pursuant to sections 3111.01 to 3111.19 3111.18 of the 7,993
Revised Code does not admit in his answer the existence or 7,995
nonexistence of the father and child relationship, the court
shall hold a pretrial hearing, in accordance with the Civil 7,996
Rules, at a time set by the court. At the pretrial hearing, the 7,997
court shall notify each party to the action that the party may 7,998
file a motion requesting the court to order the child's mother, 7,999
the alleged father, and any other person who is a defendant in 8,000
the action to submit to genetic tests and, if applicable, to the
appropriate tests referred to in section 3111.10 of the Revised 8,001
Code. When the court determines that all pretrial matters have 8,002
been completed, the action shall be set for trial. 8,003
Sec. 3111.111. If an action is brought pursuant to 8,012
sections 3111.01 to 3111.19 3111.18 of the Revised Code to object 8,014
to a determination made pursuant to former section 3111.21 or 8,016
section 3111.22 OR SECTIONS 3111.38 TO 3111.54 of the Revised 8,020
Code that the alleged father is the natural father of a child, 8,022
the court, on its own motion or on the motion of either party, 8,023
shall issue a temporary order for the support of the child 8,024
pursuant to section 3113.21 to 3113.219 CHAPTERS 3119., 3121., 8,025
3123., AND 3125. of the Revised Code requiring the alleged father 8,027
to pay support to the natural mother or the guardian or legal 8,029
custodian of the child. The order shall remain in effect until 8,030
188
the court issues a judgment in the action pursuant to section 8,031
3111.13 of the Revised Code that determines the existence or 8,033
nonexistence of a father and child relationship. If the court, 8,034
in its judgment, determines that the alleged father is not the 8,035
natural father of the child, the court shall order the person to 8,036
whom the temporary support was paid under the order to repay the 8,037
alleged father all amounts paid for support under the temporary 8,038
order.
Sec. 3111.12. (A) In an action under sections 3111.01 to 8,047
3111.19 3111.18 of the Revised Code, the mother of the child and 8,049
the alleged father are competent to testify and may be compelled 8,050
to testify by subpoena. If a witness refuses to testify upon the 8,051
ground that the testimony or evidence of the witness might tend 8,052
to incriminate the witness and the court compels the witness to 8,053
testify, the court may grant the witness immunity from having the 8,054
testimony of the witness used against the witness in subsequent 8,055
criminal proceedings.
(B) Testimony of a physician concerning the medical 8,057
circumstances of the mother's pregnancy and the condition and 8,058
characteristics of the child upon birth is not privileged. 8,059
(C) Testimony relating to sexual access to the mother by a 8,061
man at a time other than the probable time of conception of the 8,062
child is inadmissible in evidence, unless offered by the mother. 8,063
(D) If, pursuant to section 3111.09 of the Revised Code, a 8,065
court orders genetic tests to be conducted, orders disclosure of 8,066
information regarding a DNA record stored in the DNA database 8,068
pursuant to section 109.573 of the Revised Code, or intends to 8,069
use a report of genetic test results obtained from tests
conducted pursuant to former section 3111.21 or section 3111.22 8,070
OR SECTIONS 3111.38 TO 3111.54 of the Revised Code, a party may 8,072
object to the admission into evidence of any of the genetic test 8,075
results or of the DNA record information by filing a written 8,078
objection with the court that ordered the tests or disclosure or 8,079
intends to use a report of genetic test results. The party shall 8,080
189
file the written objection with the court no later than fourteen 8,082
days after the report of the test results or the DNA record 8,083
information is mailed to the attorney of record of a party or to 8,084
a party. The party making the objection shall send a copy of the 8,085
objection to all parties.
If a party files a written objection, the report of the 8,087
test results or the DNA record information shall be admissible 8,089
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 8,090
record information shall be admissible into evidence without the 8,092
need for foundation testimony or other proof of authenticity or 8,093
accuracy.
(E) If a party intends to introduce into evidence invoices 8,096
or other documents showing amounts expended to cover pregnancy 8,097
and confinement and genetic testing, the party shall notify all 8,098
other parties in writing of that intent and include copies of the 8,099
invoices and documents. A party may object to the admission into 8,100
evidence of the invoices or documents by filing a written 8,101
objection with the court that is hearing the action no later than 8,102
fourteen days after the notice and the copies of the invoices and 8,103
documents are mailed to the attorney of record of each party or 8,104
to each party.
If a party files a written objection, the invoices and 8,106
other documents shall be admissible into evidence as provided by 8,107
the Rules of Evidence. If a written objection is not filed, the 8,109
invoices or other documents are admissible into evidence without
the need for foundation testimony or other evidence of 8,111
authenticity or accuracy. 8,112
(F) A juvenile court shall give priority to actions under 8,114
sections 3111.01 to 3111.19 3111.18 of the Revised Code and shall 8,116
issue an order determining the existence or nonexistence of a 8,117
parent and child relationship no later than one hundred twenty 8,118
days after the date on which the action was brought in the 8,119
juvenile court. 8,120
190
Sec. 3111.13. (A) The judgment or order of the court 8,129
determining the existence or nonexistence of the parent and child 8,130
relationship is determinative for all purposes. 8,131
(B) If the judgment or order of the court is at variance 8,133
with the child's birth record, the court may order that a new 8,134
birth record be issued under section 3111.18 of the Revised Code. 8,135
(C) The judgment or order may contain, AT THE REQUEST OF A 8,137
PARTY AND IF NOT PROHIBITED UNDER FEDERAL LAW, any other 8,138
provision directed against the appropriate party to the 8,139
proceeding, concerning the duty of support, THE PAYMENT OF ALL OR 8,140
ANY PART OF THE REASONABLE EXPENSES OF THE MOTHER'S PREGNANCY AND 8,141
CONFINEMENT, the furnishing of bond or other security for the 8,143
payment of the judgment, or any other matter in the best interest 8,144
of the child. The judgment or order shall direct the father to 8,145
pay all or any part of the reasonable expenses of the mother's 8,146
pregnancy and confinement. After entry of the judgment or order, 8,147
the father may petition that he be designated the residential 8,148
parent and legal custodian of the child or for visitation 8,149
PARENTING TIME rights in a proceeding separate from any action to 8,151
establish paternity. Additionally, if the mother is unmarried, 8,152
the father, MAY FILE A COMPLAINT REQUESTING THE GRANTING OF 8,153
REASONABLE PARENTING TIME RIGHTS, AND the parents of the father,
any relative of the father, the parents of the mother, and any 8,155
relative of the mother may file a complaint pursuant to section 8,156
3109.12 of the Revised Code requesting the granting under that 8,157
section of reasonable companionship or visitation rights, with 8,158
respect to the child PURSUANT TO SECTION 3109.12 OF THE REVISED 8,160
CODE.
The judgment or order shall contain any provision required 8,162
by section 3111.14 of the Revised Code. 8,163
(D) Support judgments or orders ordinarily shall be for 8,165
periodic payments that may vary in amount. In the best interest 8,166
of the child, a lump-sum payment or the purchase of an annuity 8,168
may be ordered in lieu of periodic payments of support. 8,169
191
(E) In determining the amount to be paid by a parent for 8,171
support of the child and the period during which the duty of 8,172
support is owed, a court enforcing the obligation of support 8,173
shall comply with sections 3113.21 to 3113.219 CHAPTERS 3119., 8,175
3121., 3123., AND 3125. of the Revised Code. 8,176
(F)(1) Each order for child support made or modified under 8,178
this section shall include as part of the order a general 8,180
provision, as described in division (A)(1) of section 3113.21 of 8,181
the Revised Code, requiring the withholding or deduction of 8,183
income or assets of the obligor under the order as described in 8,185
division (D) or (H) of section 3113.21 of the Revised Code, or 8,187
another type of appropriate requirement as described in division 8,188
(D)(3), (D)(4), or (H) of that section, to ensure that 8,190
withholding or deduction from the income or assets of the obligor 8,192
is available from the commencement of the support order for 8,193
collection of the support and of any arrearages that occur; a 8,194
statement requiring all parties to the order to notify the child 8,195
support enforcement agency in writing of their current mailing 8,196
address, current residence address, current residence telephone 8,197
number, current driver's license number, and any changes to that 8,198
information; and a notice that the requirement to notify the 8,200
agency of all changes to that information continues until further 8,202
notice from the court. Any court that makes or modifies an order 8,203
for child support under this section shall comply with sections 8,204
3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 3125. of 8,205
the Revised Code. If any person required to pay child support 8,207
under an order made under this section on or after April 15, 8,208
1985, or modified on or after December 1, 1986, is found in 8,209
contempt of court for failure to make support payments under the 8,210
order, the court that makes the finding, in addition to any other 8,211
penalty or remedy imposed, shall assess all court costs arising 8,212
out of the contempt proceeding against the person and require the 8,213
person to pay any reasonable attorney's fees of any adverse 8,214
party, as determined by the court, that arose in relation to the 8,215
192
act of contempt. 8,216
(2) Notwithstanding section 3109.01 of the Revised Code, 8,218
if a court issues a child support order under this section, the 8,219
order shall remain in effect beyond the child's eighteenth 8,220
birthday as long as the child continuously attends on a full-time 8,221
basis any recognized and accredited high school or the order 8,223
provides that the duty of support of the child continues beyond 8,224
the child's eighteenth birthday. Except in cases in which the 8,226
order provides that the duty of support continues for any period 8,227
after the child reaches nineteen years of age, the order shall 8,228
not remain in effect after the child reaches age nineteen. Any 8,229
parent ordered to pay support under a child support order issued 8,230
under this section shall continue to pay support under the order, 8,231
including during seasonal vacation periods, until the order 8,232
terminates. 8,233
(3) When a court determines whether to require a parent to 8,235
pay an amount for that parent's failure to support a child prior 8,236
to the date the court issues an order requiring that parent to 8,237
pay an amount for the current support of that child, it shall 8,238
consider all relevant factors, including, but not limited to, any 8,239
monetary contribution either parent of the child made to the 8,240
support of the child prior to the court issuing the order 8,241
requiring the parent to pay an amount for the current support of 8,242
the child. 8,243
(G) As used in this section, "birth record" has the same 8,245
meaning as in section 3705.01 of the Revised Code. 8,246
(H) Unless the court has reason to believe that a person 8,248
named in the order is a potential victim of domestic violence, 8,249
any order issued pursuant to this section finding the existence 8,251
of a parent and child relationship shall contain the full names, 8,252
addresses, and social security numbers of the mother and father 8,253
of the child and the full name and address of the child. 8,254
Sec. 3111.15. (A) If the existence of the father and 8,263
child relationship is declared or if paternity or a duty of 8,264
193
support has been adjudicated under sections 3111.01 to 3111.19 8,265
3111.18 of the Revised Code or under prior law, the obligation of 8,267
the father may be enforced in the same or other proceedings by 8,268
the mother, the child, or the public authority that has furnished 8,269
or may furnish the reasonable expenses of pregnancy, confinement, 8,270
education, support, or funeral, or by any other person, including 8,271
a private agency, to the extent that any of them may furnish, has 8,272
furnished, or is furnishing these expenses. 8,273
(B) The court may order support payments to be made to the 8,275
mother, the clerk of the court, or a person or agency designated 8,276
to administer them for the benefit of the child under the 8,277
supervision of the court. 8,278
(C) Willful failure to obey the judgment or order of the 8,280
court is a civil contempt of the court. 8,281
Sec. 3111.16. The court has continuing jurisdiction to 8,290
modify or revoke a judgment or order issued under sections 8,291
3111.01 to 3111.19 3111.18 of the Revised Code to provide for 8,293
future education and support and a judgment or order issued with 8,294
respect to matters listed in divisions (C) and (D) of section
3111.13 and division (B) of section 3111.15 of the Revised Code, 8,295
except that a court entering a judgment or order for the payment 8,296
of a lump sum or the purchase of an annuity under division (D) of 8,297
section 3111.13 of the Revised Code may specify that the judgment 8,298
or order may not be modified or revoked.
Sec. 3111.17. Any interested party may bring an action to 8,307
determine the existence or nonexistence of a mother and child 8,308
relationship. Insofar as practicable, the provisions of sections 8,309
3111.01 to 3111.19 3111.18 of the Revised Code that are 8,311
applicable to the father and child relationship shall apply to an
action brought under this section. 8,312
Sec. 3111.29 3111.19. No person, by using physical 8,321
harassment or threats of violence against another person, shall 8,323
interfere with the other person in his PERSON'S initiation or 8,324
continuance of, or attempt to prevent the other person from 8,325
194
initiating or continuing, an action under sections 3111.01 to
3111.19 3111.18 of the Revised Code. 8,326
Sec. 3111.20. AS USED IN SECTIONS 3111.21 TO 3111.85 OF 8,329
THE REVISED CODE, "BIRTH RECORD" HAS THE SAME MEANING AS IN
SECTION 3705.01 OF THE REVISED CODE. 8,330
Sec. 3111.21. IF THE NATURAL MOTHER AND ALLEGED FATHER OF 8,333
A CHILD SIGN AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT PREPARED 8,334
PURSUANT TO SECTION 3111.31 OF THE REVISED CODE WITH RESPECT TO 8,337
THAT CHILD AT A CHILD SUPPORT ENFORCEMENT AGENCY, THE AGENCY 8,338
SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE THE ACKNOWLEDGMENT. 8,339
Sec. 3111.22. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 8,341
SEND A SIGNED AND NOTARIZED ACKNOWLEDGMENT OF PATERNITY TO THE 8,342
OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES 8,343
PURSUANT TO SECTION 3111.23 OF THE REVISED CODE. THE AGENCY 8,345
SHALL SEND THE ACKNOWLEDGMENT NO LATER THAN TEN DAYS AFTER IT HAS 8,346
BEEN SIGNED AND NOTARIZED. IF THE AGENCY KNOWS A MAN IS PRESUMED 8,347
UNDER SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE 8,349
CHILD AND THE PRESUMED FATHER IS NOT THE MAN WHO SIGNED AN
ACKNOWLEDGMENT WITH RESPECT TO THE CHILD, THE AGENCY SHALL NOT 8,350
NOTARIZE OR SEND THE ACKNOWLEDGMENT WITH RESPECT TO THE CHILD 8,352
PURSUANT TO THIS SECTION. 8,353
Sec. 3111.23. THE NATURAL MOTHER, THE MAN ACKNOWLEDGING HE 8,355
IS THE NATURAL FATHER, OR THE OTHER CUSTODIAN OR GUARDIAN OF A 8,357
CHILD, A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT TO SECTION 8,358
3111.22 OF THE REVISED CODE, A LOCAL REGISTRAR OF VITAL 8,361
STATISTICS PURSUANT TO SECTION 3705.091 OF THE REVISED CODE, OR A 8,362
HOSPITAL STAFF PERSON PURSUANT TO SECTION 3727.17 OF THE REVISED 8,365
CODE, IN PERSON OR BY MAIL, MAY FILE AN ACKNOWLEDGMENT OF 8,367
PATERNITY WITH THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF
HUMAN SERVICES, ACKNOWLEDGING THAT THE CHILD IS THE CHILD OF THE 8,368
MAN WHO SIGNED THE ACKNOWLEDGMENT. THE ACKNOWLEDGMENT OF 8,369
PATERNITY SHALL BE MADE ON THE AFFIDAVIT PREPARED PURSUANT TO 8,371
SECTION 3111.31 OF THE REVISED CODE, SHALL BE SIGNED BY THE 8,374
NATURAL MOTHER AND THE MAN ACKNOWLEDGING THAT HE IS THE NATURAL
195
FATHER, AND EACH SIGNATURE SHALL BE NOTARIZED. THE MOTHER AND 8,378
MAN MAY SIGN AND HAVE THE SIGNATURE NOTARIZED OUTSIDE OF EACH 8,379
OTHER'S PRESENCE. AN ACKNOWLEDGMENT SHALL BE SENT TO THE OFFICE 8,381
NO LATER THAN TEN DAYS AFTER IT HAS BEEN SIGNED AND NOTARIZED. 8,382
IF A PERSON KNOWS A MAN IS PRESUMED UNDER SECTION 3111.03 OF THE 8,383
REVISED CODE TO BE THE FATHER OF THE CHILD DESCRIBED IN THIS 8,384
SECTION AND THAT THE PRESUMED FATHER IS NOT THE MAN WHO SIGNED AN 8,385
ACKNOWLEDGMENT WITH RESPECT TO THE CHILD, THE PERSON SHALL NOT 8,386
NOTARIZE OR FILE THE ACKNOWLEDGMENT PURSUANT TO THIS SECTION. 8,388
Sec. 3111.24. (A) ON THE FILING OF AN ACKNOWLEDGMENT, THE 8,391
OFFICE OF CHILD SUPPORT SHALL EXAMINE THE ACKNOWLEDGMENT TO 8,392
DETERMINE WHETHER IT IS COMPLETED CORRECTLY. THE OFFICE SHALL 8,394
MAKE THE EXAMINATION NO LATER THAN FIVE DAYS AFTER THE 8,395
ACKNOWLEDGMENT IS FILED. IF THE ACKNOWLEDGMENT IS COMPLETED 8,396
CORRECTLY, THE OFFICE SHALL COMPLY WITH DIVISION (B) OF THIS 8,397
SECTION. IF THE ACKNOWLEDGMENT IS NOT COMPLETED CORRECTLY, THE 8,398
OFFICE SHALL RETURN IT TO THE PERSON OR ENTITY THAT FILED IT. 8,399
THE PERSON OR ENTITY SHALL HAVE TEN DAYS FROM THE DATE THE OFFICE 8,400
SENDS THE ACKNOWLEDGMENT BACK TO CORRECT IT AND RETURN IT TO THE 8,401
OFFICE. THE OFFICE SHALL SEND, ALONG WITH THE ACKNOWLEDGMENT, A 8,402
NOTICE STATING WHAT NEEDS TO BE CORRECTED AND THE AMOUNT OF TIME 8,403
THE PERSON OR ENTITY HAS TO MAKE THE CORRECTIONS AND RETURN THE 8,404
ACKNOWLEDGMENT TO THE OFFICE. 8,405
IF THE PERSON OR ENTITY RETURNS THE ACKNOWLEDGMENT IN A 8,407
TIMELY MANNER, THE OFFICE SHALL EXAMINE THE ACKNOWLEDGMENT AGAIN 8,408
TO DETERMINE WHETHER IT HAS BEEN CORRECTLY COMPLETED. IF THE 8,409
ACKNOWLEDGMENT HAS BEEN CORRECTLY COMPLETED, THE OFFICE SHALL 8,410
COMPLY WITH DIVISION (B) OF THIS SECTION. IF THE ACKNOWLEDGMENT 8,412
HAS NOT BEEN CORRECTLY COMPLETED THE SECOND TIME OR IF THE 8,413
ACKNOWLEDGMENT IS NOT RETURNED TO THE OFFICE IN A TIMELY MANNER, 8,414
THE ACKNOWLEDGMENT IS INVALID AND THE OFFICE SHALL RETURN IT TO 8,415
THE PERSON OR ENTITY AND SHALL NOT ENTER IT INTO THE BIRTH 8,416
REGISTRY. IF THE OFFICE RETURNS AN ACKNOWLEDGMENT THE SECOND 8,417
TIME, IT SHALL SEND A NOTICE TO THE PERSON OR ENTITY STATING THE 8,418
196
ERRORS IN THE ACKNOWLEDGMENT AND THAT THE ACKNOWLEDGMENT IS 8,419
INVALID.
(B) IF THE OFFICE DETERMINES AN ACKNOWLEDGMENT IS 8,421
CORRECTLY COMPLETED, THE OFFICE SHALL ENTER THE INFORMATION ON 8,423
THE ACKNOWLEDGMENT INTO THE BIRTH REGISTRY PURSUANT TO SECTIONS 8,425
3111.64 AND 3111.65 OF THE REVISED CODE. AFTER ENTERING THE 8,426
INFORMATION IN THE REGISTRY, THE OFFICE SHALL SEND THE 8,427
ACKNOWLEDGMENT TO THE DEPARTMENT OF HEALTH FOR STORAGE PURSUANT 8,428
TO SECTION 3705.091 OF THE REVISED CODE. THE OFFICE MAY REQUEST 8,430
THAT THE DEPARTMENT OF HEALTH SEND BACK TO THE OFFICE ANY 8,431
ACKNOWLEDGMENT THAT IS BEING STORED BY THE DEPARTMENT OF HEALTH 8,432
PURSUANT TO THAT SECTION. 8,433
Sec. 3111.25. AN ACKNOWLEDGMENT OF PATERNITY IS FINAL AND 8,435
ENFORCEABLE WITHOUT RATIFICATION BY A COURT WHEN THE 8,438
ACKNOWLEDGMENT HAS BEEN FILED WITH THE OFFICE OF CHILD SUPPORT, 8,439
THE INFORMATION ON THE ACKNOWLEDGMENT HAS BEEN ENTERED IN THE 8,440
BIRTH REGISTRY, AND THE ACKNOWLEDGMENT HAS NOT BEEN RESCINDED AND 8,442
IS NOT SUBJECT TO POSSIBLE RECISSION PURSUANT TO SECTION 3111.27 8,444
OF THE REVISED CODE.
Sec. 3111.26. AFTER AN ACKNOWLEDGMENT OF PATERNITY BECOMES 8,446
FINAL AND ENFORCEABLE, THE CHILD IS THE CHILD OF THE MAN WHO 8,448
SIGNED THE ACKNOWLEDGMENT OF PATERNITY, AS THOUGH BORN TO HIM IN 8,449
LAWFUL WEDLOCK. IF THE MOTHER IS UNMARRIED, THE MAN WHO SIGNED 8,452
THE ACKNOWLEDGMENT OF PATERNITY MAY FILE A COMPLAINT REQUESTING 8,453
THE GRANTING OF REASONABLE PARENTING TIME WITH THE CHILD UNDER
SECTION 3109.12 OF THE REVISED CODE AND THE PARENTS OF THE MAN 8,454
WHO SIGNED THE ACKNOWLEDGMENT OF PATERNITY, ANY RELATIVE OF THE 8,455
MAN WHO SIGNED THE ACKNOWLEDGMENT OF PATERNITY, THE PARENTS OF 8,456
THE MOTHER, AND ANY RELATIVE OF THE MOTHER MAY FILE A COMPLAINT 8,457
PURSUANT TO THAT SECTION REQUESTING THE GRANTING OF REASONABLE 8,460
COMPANIONSHIP OR VISITATION RIGHTS WITH THE CHILD. ONCE THE 8,462
ACKNOWLEDGMENT BECOMES FINAL THE MAN WHO SIGNED THE 8,463
ACKNOWLEDGMENT OF PATERNITY ASSUMES THE PARENTAL DUTY OF SUPPORT. 8,464
Sec. 3111.27. (A) EXCEPT AS PROVIDED IN SECTION 2151.232 8,466
197
OR 3111.821 OF THE REVISED CODE, FOR AN ACKNOWLEDGMENT OF 8,467
PATERNITY FILED WITH THE OFFICE OF CHILD SUPPORT TO BE RESCINDED 8,468
BOTH OF THE FOLLOWING MUST OCCUR:
(1) NOT LATER THAN SIXTY DAYS AFTER THE DATE OF THE LATEST 8,470
SIGNATURE ON THE ACKNOWLEDGMENT, ONE OF THE PERSONS WHO SIGNED IT 8,471
MUST DO BOTH OF THE FOLLOWING: 8,472
(a) REQUEST A DETERMINATION UNDER SECTION 3111.38 OF THE 8,474
REVISED CODE OF WHETHER THERE IS A PARENT AND CHILD RELATIONSHIP 8,475
BETWEEN THE MAN WHO SIGNED THE ACKNOWLEDGMENT AND THE CHILD WHO 8,476
IS THE SUBJECT OF IT;
(b) GIVE THE OFFICE WRITTEN NOTICE OF HAVING COMPLIED WITH 8,478
DIVISION (A)(1)(a) OF THIS SECTION AND INCLUDE IN THE NOTICE THE 8,480
NAME OF THE CHILD SUPPORT ENFORCEMENT AGENCY CONDUCTING GENETIC
TESTS TO DETERMINE WHETHER THERE IS A PARENT AND CHILD 8,481
RELATIONSHIP;
(2) AN ORDER MUST BE ISSUED UNDER SECTION 3111.46 OF THE 8,483
REVISED CODE DETERMINING WHETHER THERE IS A PARENT AND CHILD 8,484
RELATIONSHIP BETWEEN THE MAN AND THE CHILD.
(B) NOT LATER THAN THE END OF THE BUSINESS DAY FOLLOWING 8,486
THE BUSINESS DAY ON WHICH THE OFFICE RECEIVES A NOTICE UNDER 8,487
DIVISION (A)(1)(b) OF THIS SECTION, IT SHALL CONTACT THE AGENCY 8,489
INDICATED IN THE NOTICE TO VERIFY THAT THE PERSON SENDING IT HAS
COMPLIED WITH DIVISION (A)(1) OF THIS SECTION. IF THE OFFICE 8,490
VERIFIES COMPLIANCE, AND THE NOTICE WAS SENT WITHIN THE TIME 8,491
LIMIT REQUIRED BY THIS SECTION, THE OFFICE SHALL NOTE IN ITS 8,492
RECORDS THE DATE THE NOTICE WAS RECEIVED AND THAT THE 8,493
ACKNOWLEDGMENT TO WHICH THE NOTICE PERTAINS IS SUBJECT TO 8,494
RECISSION. THE OFFICE SHALL DIRECT THE AGENCY TO NOTIFY THE
OFFICE OF THE AGENCY'S ISSUANCE OF AN ORDER DESCRIBED IN DIVISION 8,495
(A)(2) OF THIS SECTION. ON RECEIPT FROM AN AGENCY OF NOTICE THAT 8,496
AN ORDER DESCRIBED IN DIVISION (A)(2) OF THIS SECTION HAS BEEN 8,497
ISSUED, THE ACKNOWLEDGMENT TO WHICH THE ORDER PERTAINS SHALL BE 8,498
RESCINDED AS OF THE DATE.
IF THE OFFICE IS UNABLE TO VERIFY COMPLIANCE WITH DIVISION 8,500
198
(A)(1) OF THIS SECTION, IT SHALL NOTE IN ITS RECORDS THE DATE THE 8,501
NOTICE UNDER DIVISION (A)(1)(b) OF THIS SECTION WAS RECEIVED AND 8,502
THAT COMPLIANCE WITH DIVISION (A)(1) OF THIS SECTION WAS NOT 8,503
VERIFIED. 8,504
Sec. 3111.28. AFTER AN ACKNOWLEDGMENT BECOMES FINAL 8,506
PURSUANT TO SECTION 2151.232, 3111.25, OR 3111.821 OF THE REVISED 8,508
CODE, A MAN PRESUMED TO BE THE FATHER OF THE CHILD PURSUANT TO 8,511
SECTION 3111.03 OF THE REVISED CODE WHO DID NOT SIGN THE
ACKNOWLEDGMENT, EITHER PERSON WHO SIGNED THE ACKNOWLEDGMENT, OR A 8,513
GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD MAY BRING AN ACTION TO 8,514
RESCIND THE ACKNOWLEDGMENT ON THE BASIS OF FRAUD, DURESS, OR 8,515
MATERIAL MISTAKE OF FACT. THE COURT SHALL TREAT THE ACTION AS AN 8,517
ACTION TO DETERMINE THE EXISTENCE OR NONEXISTENCE OF A PARENT AND 8,518
CHILD RELATIONSHIP PURSUANT TO SECTIONS 3111.01 TO 3111.18 OF THE 8,519
REVISED CODE. AN ACTION PURSUANT TO THIS SECTION SHALL BE 8,520
BROUGHT NO LATER THAN ONE YEAR AFTER THE ACKNOWLEDGMENT BECOMES 8,522
FINAL. THE ACTION MAY BE BROUGHT IN ONE OF THE FOLLOWING COURTS 8,523
IN THE COUNTY IN WHICH THE CHILD, THE GUARDIAN OR CUSTODIAN OF 8,524
THE CHILD, OR EITHER PERSON WHO SIGNED THE ACKNOWLEDGMENT 8,525
RESIDES: THE JUVENILE COURT OR THE DOMESTIC RELATIONS DIVISION 8,527
OF THE COURT OF COMMON PLEAS THAT HAS JURISDICTION PURSUANT TO 8,528
SECTION 2301.03 OF THE REVISED CODE TO HEAR AND DETERMINE CASES 8,529
ARISING UNDER CHAPTER 3111. OF THE REVISED CODE. 8,530
Sec. 3111.29. ONCE AN ACKNOWLEDGMENT OF PATERNITY BECOMES 8,532
FINAL UNDER SECTION 3111.25 OF THE REVISED CODE, THE MOTHER OR 8,533
OTHER CUSTODIAN OR GUARDIAN OF THE CHILD MAY FILE A COMPLAINT 8,534
PURSUANT TO SECTION 2151.231 OF THE REVISED CODE IN THE COURT OF 8,535
COMMON PLEAS OF THE COUNTY IN WHICH THE CHILD OR THE GUARDIAN OR 8,536
LEGAL CUSTODIAN OF THE CHILD RESIDES REQUESTING THAT THE COURT 8,537
ORDER THE FATHER TO PAY AN AMOUNT FOR THE SUPPORT OF THE CHILD, 8,538
MAY CONTACT THE CHILD SUPPORT ENFORCEMENT AGENCY FOR ASSISTANCE 8,539
IN OBTAINING THE ORDER, OR MAY REQUEST THAT AN ADMINISTRATIVE 8,540
OFFICER OF A CHILD SUPPORT ENFORCEMENT AGENCY ISSUE AN 8,541
ADMINISTRATIVE ORDER FOR THE PAYMENT OF CHILD SUPPORT PURSUANT TO 8,542
199
SECTION 3111.81 OF THE REVISED CODE.
Sec. 3111.30. ONCE AN ACKNOWLEDGMENT OF PATERNITY BECOMES 8,544
FINAL, THE OFFICE OF CHILD SUPPORT SHALL NOTIFY THE DEPARTMENT OF 8,545
HEALTH OF THE ACKNOWLEDGMENT. IF THE ORIGINAL BIRTH RECORD IS 8,546
INCONSISTENT WITH THE ACKNOWLEDGMENT, ON RECEIPT OF THE NOTICE, 8,547
THE DEPARTMENT OF HEALTH SHALL, IN ACCORDANCE WITH SECTION 8,549
3705.09 OF THE REVISED CODE, PREPARE A NEW BIRTH RECORD 8,550
CONSISTENT WITH THE ACKNOWLEDGMENT AND SUBSTITUTE THE NEW RECORD 8,552
FOR THE ORIGINAL BIRTH RECORD.
Sec. 3111.31. THE DEPARTMENT OF HUMAN SERVICES SHALL 8,554
PREPARE AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT THAT INCLUDES IN 8,555
BOLDFACE TYPE AT THE TOP OF THE AFFIDAVIT THE RIGHTS AND 8,557
RESPONSIBILITIES OF AND THE DUE PROCESS SAFEGUARDS AFFORDED TO A 8,558
PERSON WHO ACKNOWLEDGES THAT HE IS THE NATURAL FATHER OF A CHILD, 8,560
INCLUDING THAT IF AN ALLEGED FATHER ACKNOWLEDGES A PARENT AND 8,561
CHILD RELATIONSHIP HE ASSUMES THE PARENTAL DUTY OF SUPPORT, THAT 8,562
BOTH SIGNATORS WAIVE ANY RIGHT TO BRING AN ACTION PURSUANT TO 8,563
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 8,564
PURPOSES OF RESCINDING THE ACKNOWLEDGMENT PURSUANT TO SECTION 8,566
3111.27 OF THE REVISED CODE IN ORDER TO ENSURE EXPEDIENCY IN 8,568
RESOLVING THE QUESTION OF THE EXISTENCE OF A PARENT AND CHILD 8,569
RELATIONSHIP, THAT EITHER PARENT MAY RESCIND THE ACKNOWLEDGMENT 8,570
PURSUANT TO SECTION 3111.27 OF THE REVISED CODE, AND THAT THE 8,571
NATURAL FATHER HAS THE RIGHT TO PETITION A COURT PURSUANT TO 8,573
SECTION 3109.12 OF THE REVISED CODE FOR AN ORDER GRANTING HIM 8,574
REASONABLE PARENTING TIME WITH RESPECT TO THE CHILD AND TO 8,576
PETITION THE COURT FOR CUSTODY OF THE CHILD PURSUANT TO SECTION 8,577
2151.23 OF THE REVISED CODE. THE AFFIDAVIT SHALL INCLUDE ALL OF 8,578
THE FOLLOWING: 8,579
(A) BASIC INSTRUCTIONS FOR COMPLETING THE FORM, INCLUDING 8,582
INSTRUCTIONS THAT BOTH THE NATURAL FATHER AND THE MOTHER OF THE 8,583
CHILD ARE REQUIRED TO SIGN THE STATEMENT, THAT THEY MAY SIGN THE 8,584
STATEMENT WITHOUT BEING IN EACH OTHER'S PRESENCE, AND THAT THE 8,586
200
SIGNATURES MUST BE NOTARIZED; 8,587
(B) BLANK SPACES TO ENTER THE FULL NAME, SOCIAL SECURITY 8,590
NUMBER, DATE OF BIRTH AND ADDRESS OF EACH PARENT; 8,591
(C) BLANK SPACES TO ENTER THE FULL NAME, DATE OF BIRTH, 8,594
AND THE RESIDENCE OF THE CHILD;
(D) A BLANK SPACE TO ENTER THE NAME OF THE HOSPITAL OR 8,597
DEPARTMENT OF HEALTH CODE NUMBER ASSIGNED TO THE HOSPITAL, FOR 8,598
USE IN SITUATIONS IN WHICH THE HOSPITAL FILLS OUT THE FORM 8,599
PURSUANT TO SECTION 3727.17 OF THE REVISED CODE;
(E) AN AFFIRMATION BY THE MOTHER THAT THE INFORMATION SHE 8,602
SUPPLIED IS TRUE TO THE BEST OF HER KNOWLEDGE AND BELIEF AND THAT 8,603
SHE IS THE NATURAL MOTHER OF THE CHILD NAMED ON THE FORM AND 8,604
ASSUMES THE PARENTAL DUTY OF SUPPORT OF THE CHILD; 8,605
(F) AN AFFIRMATION BY THE FATHER THAT THE INFORMATION HE 8,608
SUPPLIED IS TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT HE 8,609
HAS RECEIVED INFORMATION REGARDING HIS LEGAL RIGHTS AND 8,610
RESPONSIBILITIES, THAT HE CONSENTS TO THE JURISDICTION OF THE 8,611
COURTS OF THIS STATE, AND THAT HE IS THE NATURAL FATHER OF THE 8,612
CHILD NAMED ON THE FORM AND ASSUMES THE PARENTAL DUTY OF SUPPORT 8,613
OF THE CHILD;
(G) SIGNATURE LINES FOR THE MOTHER OF THE CHILD AND THE 8,616
NATURAL FATHER; 8,617
(H) SIGNATURE LINES FOR THE NOTARY PUBLIC; 8,619
(I) AN INSTRUCTION TO INCLUDE OR ATTACH ANY OTHER EVIDENCE 8,622
NECESSARY TO COMPLETE THE NEW BIRTH RECORD THAT IS REQUIRED BY 8,623
THE DEPARTMENT BY RULE.
Sec. 3111.32. THE DEPARTMENT OF HUMAN SERVICES SHALL 8,625
PREPARE PAMPHLETS THAT DISCUSS THE BENEFIT OF ESTABLISHING A 8,626
PARENT AND CHILD RELATIONSHIP, THE PROPER PROCEDURE FOR 8,627
ESTABLISHING A PARENT AND CHILD RELATIONSHIP BETWEEN A FATHER AND 8,628
HIS CHILD, AND A TOLL-FREE TELEPHONE NUMBER THAT INTERESTED 8,629
PERSONS MAY CALL FOR MORE INFORMATION REGARDING THE PROCEDURES 8,630
FOR ESTABLISHING A PARENT AND CHILD RELATIONSHIP. 8,631
Sec. 3111.33. THE DEPARTMENT SHALL MAKE AVAILABLE THE 8,634
201
PAMPHLETS AND THE ACKNOWLEDGMENT OF PATERNITY AFFIDAVITS AND
STATEMENTS TO THE DEPARTMENT OF HEALTH, TO EACH HOSPITAL IT HAS A 8,637
CONTRACT WITH PURSUANT TO SECTION 3727.17 OF THE REVISED CODE, 8,638
AND TO ANY INDIVIDUAL WHO REQUESTS A PAMPHLET. THE DEPARTMENT OF 8,639
HUMAN SERVICES SHALL MAKE AVAILABLE THE AFFIDAVIT ACKNOWLEDGING 8,640
PATERNITY TO EACH COUNTY CHILD SUPPORT ENFORCEMENT AGENCY, THE 8,642
DEPARTMENT OF HEALTH, AND ANY OTHER PERSON OR AGENCY THAT
REQUESTS COPIES. 8,643
Sec. 3111.34. THE DEPARTMENT OF HUMAN SERVICES, IN 8,646
CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL ADOPT RULES 8,647
SPECIFYING ADDITIONAL EVIDENCE NECESSARY TO COMPLETE A NEW BIRTH 8,648
RECORD THAT IS REQUIRED TO BE INCLUDED WITH AN ACKNOWLEDGMENT OF 8,649
PATERNITY AFFIDAVIT.
Sec. 3111.35. THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT 8,651
RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT 8,652
SECTIONS 3111.20 TO 3111.34 OF THE REVISED CODE THAT ARE 8,653
CONSISTENT WITH TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 8,654
2351, 42 U.S.C. 651 ET SEQ., AS AMENDED. 8,655
Sec. 3111.38. AT THE REQUEST OF A PERSON DESCRIBED IN 8,657
DIVISION (A) OF SECTION 3111.04 OF THE REVISED CODE THE CHILD 8,658
SUPPORT ENFORCEMENT AGENCY OF THE COUNTY IN WHICH A CHILD RESIDES 8,659
OR IN WHICH THE PARENT, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD 8,660
RESIDES SHALL DETERMINE THE EXISTENCE OR NONEXISTENCE OF A PARENT 8,661
AND CHILD RELATIONSHIP BETWEEN AN ALLEGED FATHER AND THE CHILD.
Sec. 3111.381. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 8,664
THIS SECTION, NO PERSON MAY BRING AN ACTION UNDER SECTIONS
3111.01 TO 3111.18 OF THE REVISED CODE UNLESS THE PERSON HAS 8,665
REQUESTED AN ADMINISTRATIVE DETERMINATION UNDER SECTION 3111.38 8,666
OF THE REVISED CODE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT
AND CHILD RELATIONSHIP. 8,667
(B) IF THE ALLEGED FATHER OF A CHILD IS DECEASED AND 8,669
PROCEEDINGS FOR THE PROBATE OF THE ESTATE OF THE ALLEGED FATHER 8,670
HAVE BEEN OR CAN BE COMMENCED, THE COURT WITH JURISDICTION OVER 8,671
THE PROBATE PROCEEDINGS SHALL RETAIN JURISDICTION TO DETERMINE 8,672
202
THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP 8,673
BETWEEN THE ALLEGED FATHER AND ANY CHILD WITHOUT AN 8,674
ADMINISTRATIVE DETERMINATION BEING REQUESTED FROM A CHILD SUPPORT 8,675
ENFORCEMENT AGENCY. 8,676
IF AN ACTION FOR DIVORCE, DISSOLUTION OF MARRIAGE, OR LEGAL 8,679
SEPARATION, OR AN ACTION UNDER SECTION 2151.231 OR 2151.232 OF 8,680
THE REVISED CODE REQUESTING AN ORDER REQUIRING THE PAYMENT OF 8,681
CHILD SUPPORT AND PROVISION FOR THE HEALTH CARE OF A CHILD, HAS 8,682
BEEN FILED IN A COURT OF COMMON PLEAS AND A QUESTION AS TO THE 8,683
EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP 8,684
ARISES, THE COURT IN WHICH THE ORIGINAL ACTION WAS FILED SHALL 8,685
RETAIN JURISDICTION TO DETERMINE THE EXISTENCE OR NONEXISTENCE OF 8,686
THE PARENT AND CHILD RELATIONSHIP WITHOUT AN ADMINISTRATIVE 8,687
DETERMINATION BEING REQUESTED FROM A CHILD SUPPORT ENFORCEMENT 8,688
AGENCY.
IF A JUVENILE COURT ISSUES A SUPPORT ORDER UNDER SECTION 8,691
2151.231 OR 2151.232 OF THE REVISED CODE RELYING ON A PRESUMPTION 8,692
UNDER SECTION 3111.03 OF THE REVISED CODE, THE JUVENILE COURT 8,694
THAT ISSUED THE SUPPORT ORDER SHALL RETAIN JURISDICTION IF A 8,695
QUESTION AS TO THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP 8,696
ARISES.
Sec. 3111.39. IF MORE THAN ONE CHILD SUPPORT ENFORCEMENT 8,698
AGENCY RECEIVES A REQUEST TO DETERMINE THE EXISTENCE OR 8,699
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP CONCERNING THE 8,700
SAME CHILD AND EACH AGENCY IS AN APPROPRIATE AGENCY FOR THE 8,701
FILING OF THE REQUEST AS PROVIDED IN SECTION 3111.38 OF THE 8,702
REVISED CODE, THE AGENCY THAT RECEIVES THE REQUEST FIRST SHALL 8,703
ACT ON THE REQUEST. IF AN AGENCY THAT RECEIVES A REQUEST IS NOT 8,705
THE APPROPRIATE AGENCY FOR THE FILING OF THE REQUEST, THE AGENCY 8,706
SHALL FORWARD THE REQUEST TO THE AGENCY OF THE COUNTY IN WHICH 8,707
THE CHILD OR THE PARENT, GUARDIAN, OR LEGAL CUSTODIAN OF THE 8,708
CHILD RESIDES, AND THE LATTER AGENCY SHALL PROCEED WITH THE 8,709
REQUEST.
Sec. 3111.40. A REQUEST FOR AN ADMINISTRATIVE 8,711
203
DETERMINATION OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND 8,712
CHILD RELATIONSHIP SHALL CONTAIN ALL OF THE FOLLOWING: 8,713
(A) THE NAME, BIRTHDATE, AND CURRENT ADDRESS OF THE 8,715
ALLEGED FATHER OF THE CHILD; 8,716
(B) THE NAME, SOCIAL SECURITY NUMBER, AND CURRENT ADDRESS 8,718
OF THE MOTHER OF THE CHILD; 8,719
(C) THE NAME AND LAST KNOWN ADDRESS OF THE ALLEGED FATHER 8,721
OF THE CHILD; 8,722
(D) THE NAME AND BIRTHDATE OF THE CHILD. 8,724
Sec. 3111.41. ON RECEIVING A REQUEST FOR A DETERMINATION 8,726
OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD 8,727
RELATIONSHIP, A CHILD SUPPORT ENFORCEMENT AGENCY SHALL ASSIGN AN 8,728
ADMINISTRATIVE OFFICER TO CONSIDER THE REQUEST. THE OFFICER 8,729
SHALL ISSUE AN ORDER REQUIRING THE CHILD, MOTHER, AND ALLEGED 8,730
FATHER TO SUBMIT TO GENETIC TESTING. THE ORDER SHALL SPECIFY THE 8,731
DATE OF THE GENETIC TESTS FOR THE MOTHER, ALLEGED FATHER, AND 8,732
CHILD WHICH SHALL BE NO LATER THAN FORTY-FIVE DAYS AFTER THE DATE 8,733
OF ASSIGNMENT OF THE ADMINISTRATIVE OFFICER. THE TESTS SHALL BE 8,734
CONDUCTED IN ACCORDANCE WITH THE RULES ADOPTED BY THE DEPARTMENT 8,735
OF HUMAN SERVICES UNDER SECTION 3111.611 OF THE REVISED CODE. 8,736
Sec. 3111.42. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 8,738
ATTACH A NOTICE TO EACH ORDER FOR GENETIC TESTING AND SEND BOTH 8,739
TO THE MOTHER AND THE ALLEGED FATHER. THE NOTICE SHALL STATE ALL 8,740
OF THE FOLLOWING:
(A) THAT THE AGENCY HAS BEEN ASKED TO DETERMINE THE 8,742
EXISTENCE OF A PARENT AND CHILD RELATIONSHIP BETWEEN A CHILD AND 8,743
THE ALLEGED NAMED FATHER; 8,744
(B) THE NAME AND BIRTHDATE OF THE CHILD OF WHICH THE MAN 8,746
IS ALLEGED TO BE THE NATURAL FATHER; 8,747
(C) THE NAME OF THE MOTHER AND THE ALLEGED NATURAL FATHER; 8,749
(D) THE RIGHTS AND RESPONSIBILITIES OF A PARENT; 8,751
(E) THAT THE CHILD, THE MOTHER, AND THE ALLEGED FATHER 8,754
MUST SUBMIT TO GENETIC TESTING AT THE DATE, TIME, AND PLACE 8,755
DETERMINED BY THE AGENCY IN THE ORDER ISSUED PURSUANT TO SECTION 8,757
204
3111.41 OF THE REVISED CODE;
(F) THE ADMINISTRATIVE PROCEDURE FOR DETERMINING THE 8,760
EXISTENCE OF A PARENT AND CHILD RELATIONSHIP; 8,761
(G) THAT IF THE ALLEGED FATHER OR NATURAL MOTHER WILLFULLY 8,763
FAILS TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER, 8,764
NATURAL MOTHER, OR THE CUSTODIAN OF THE CHILD WILLFULLY FAILS TO 8,765
SUBMIT THE CHILD TO GENETIC TESTING, THE AGENCY WILL ISSUE AN 8,766
ORDER THAT IT IS INCONCLUSIVE WHETHER THE ALLEGED FATHER IS THE 8,767
CHILD'S NATURAL FATHER; 8,768
(H) THAT IF THE ALLEGED FATHER OR NATURAL MOTHER WILLFULLY 8,771
FAILS TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER, 8,772
NATURAL MOTHER, OR CUSTODIAN OF THE CHILD WILLFULLY FAILS TO 8,773
SUBMIT THE CHILD TO GENETIC TESTING, THEY MAY BE FOUND IN 8,774
CONTEMPT OF COURT.
Sec. 3111.421. THE NOTICE AND ORDER DESCRIBED IN SECTION 8,776
3111.42 OF THE REVISED CODE SHALL BE SENT IN ACCORDANCE WITH THE 8,778
PROVISIONS OF THE RULES OF CIVIL PROCEDURE THAT GOVERN SERVICE OF 8,780
PROCESS, EXCEPT TO THE EXTENT THAT THE PROVISIONS OF THE CIVIL 8,781
RULES BY THEIR NATURE ARE CLEARLY INAPPLICABLE AND EXCEPT THAT 8,782
REFERENCES IN THE PROVISIONS OF THE CIVIL RULES TO THE COURT OR 8,784
TO THE CLERK OF THE COURT SHALL BE CONSTRUED AS BEING REFERENCES 8,785
TO THE CHILD SUPPORT ENFORCEMENT AGENCY OR THE ADMINISTRATIVE 8,786
OFFICER.
Sec. 3111.43. IF A CHILD SUPPORT ENFORCEMENT AGENCY IS 8,788
ASKED TO DETERMINE THE EXISTENCE OR NONEXISTENCE OF A PARENT AND 8,789
CHILD RELATIONSHIP, THE ADMINISTRATIVE OFFICER SHALL PROVIDE 8,790
NOTICE OF THE REQUEST PURSUANT TO THE RULES OF CIVIL PROCEDURE TO 8,791
THE NATURAL MOTHER OF THE CHILD WHO IS THE SUBJECT OF THE 8,792
REQUEST, EACH MAN PRESUMED UNDER SECTION 3111.03 OF THE REVISED 8,793
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 8,794
PROCESS ON THE PRESUMED FATHER, ALLEGED FATHER, OR NATURAL MOTHER 8,795
WITHIN THE TIME PRESCRIBED BY SECTION 3111.41 OF THE REVISED 8,796
CODE, THE AGENCY SHALL PROCEED WITH GENETIC TESTING OF ALL OF 8,797
205
THOSE PERSONS WHO ARE PRESENT ON THE DATE SCHEDULED FOR THE
TESTING.
Sec. 3111.44. AFTER ISSUING A GENETIC TESTING ORDER, THE 8,799
ADMINISTRATIVE OFFICER MAY SCHEDULE A CONFERENCE WITH THE MOTHER 8,801
AND THE ALLEGED FATHER TO PROVIDE INFORMATION. IF A CONFERENCE 8,802
IS SCHEDULED AND NO OTHER MAN IS PRESUMED TO BE THE FATHER OF THE 8,803
CHILD UNDER SECTION 3111.03 OF THE REVISED CODE, THE
ADMINISTRATIVE OFFICER SHALL PROVIDE THE MOTHER AND ALLEGED 8,804
FATHER THE OPPORTUNITY TO SIGN AN ACKNOWLEDGMENT OF PATERNITY 8,805
AFFIDAVIT PREPARED PURSUANT TO SECTION 3111.31 OF THE REVISED 8,808
CODE. IF THEY SIGN AN ACKNOWLEDGMENT OF PATERNITY, THE
ADMINISTRATIVE OFFICER SHALL CANCEL THE GENETIC TESTING ORDER THE 8,809
OFFICER HAD ISSUED. REGARDLESS OF WHETHER A CONFERENCE IS HELD, 8,810
IF THE MOTHER AND ALLEGED FATHER DO NOT SIGN AN ACKNOWLEDGMENT OF 8,813
PATERNITY AFFIDAVIT OR IF AN AFFIDAVIT CANNOT BE NOTARIZED OR 8,814
FILED BECAUSE ANOTHER MAN IS PRESUMED UNDER SECTION 3111.03 OF 8,815
THE REVISED CODE TO BE THE FATHER OF THE CHILD, THE CHILD, THE 8,818
MOTHER, AND THE ALLEGED FATHER SHALL SUBMIT TO GENETIC TESTING IN 8,819
ACCORDANCE WITH THE ORDER ISSUED BY THE ADMINISTRATIVE OFFICER. 8,820
Sec. 3111.45. THE GENETIC TESTING REQUIRED UNDER AN 8,822
ADMINISTRATIVE GENETIC TESTING ORDER SHALL BE CONDUCTED BY A 8,824
QUALIFIED EXAMINER AUTHORIZED BY THE DEPARTMENT OF HUMAN 8,825
SERVICES. ON COMPLETION OF THE GENETIC TESTS, THE EXAMINER SHALL 8,826
SEND A COMPLETE REPORT OF THE TEST RESULTS TO THE AGENCY. 8,827
Sec. 3111.46. ON RECEIPT OF THE GENETIC TEST RESULTS, THE 8,829
ADMINISTRATIVE OFFICER SHALL DO ONE OF THE FOLLOWING: 8,830
(A) IF THE RESULTS OF THE GENETIC TESTING SHOW A 8,832
NINETY-NINE PER CENT OR GREATER PROBABILITY THAT THE ALLEGED 8,834
FATHER IS THE NATURAL FATHER OF THE CHILD, THE ADMINISTRATIVE 8,835
OFFICER OF THE AGENCY SHALL ISSUE AN ADMINISTRATIVE ORDER THAT 8,836
THE ALLEGED FATHER IS THE FATHER OF THE CHILD WHO IS THE SUBJECT 8,837
OF THE PROCEEDING. 8,838
(B) IF THE RESULTS OF GENETIC TESTING SHOW LESS THAN A 8,840
NINETY-NINE PER CENT PROBABILITY THAT THE ALLEGED FATHER IS THE 8,842
206
NATURAL FATHER OF THE CHILD, THE ADMINISTRATIVE OFFICER SHALL 8,844
ISSUE AN ADMINISTRATIVE ORDER THAT THE ALLEGED FATHER IS NOT THE 8,845
FATHER OF THE CHILD WHO IS THE SUBJECT OF THE PROCEEDING. 8,846
Sec. 3111.47 IF THE ALLEGED NATURAL FATHER OR THE NATURAL 8,848
MOTHER WILLFULLY FAILS TO SUBMIT TO GENETIC TESTING OR IF EITHER 8,849
PARENT OR ANY OTHER PERSON WHO IS THE CUSTODIAN OF THE CHILD 8,850
WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, THE 8,851
AGENCY SHALL ENTER AN ADMINISTRATIVE ORDER STATING THAT IT IS 8,852
INCONCLUSIVE AS TO WHETHER THE ALLEGED NATURAL FATHER IS THE 8,853
NATURAL FATHER OF THE CHILD. 8,854
Sec. 3111.48. AN ADMINISTRATIVE OFFICER SHALL INCLUDE IN 8,856
AN ORDER ISSUED UNDER SECTION 3111.46 OF THE REVISED CODE A 8,857
NOTICE THAT CONTAINS THE INFORMATION DESCRIBED IN SECTION 3111.49 8,858
OF THE REVISED CODE INFORMING THE MOTHER, FATHER, AND THE
GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD OF THE RIGHT TO FILE A 8,859
NOTICE OF APPEAL RELATIVE TO THE ORDER AND OF THE EFFECT OF 8,860
FAILURE TO TIMELY FILE A NOTICE OF APPEAL.
AN AGENCY SHALL INCLUDE IN AN ADMINISTRATIVE ORDER ISSUED 8,862
UNDER SECTION 3111.47 OF THE REVISED CODE A NOTICE THAT CONTAINS 8,863
THE INFORMATION DESCRIBED IN SECTION 3111.50 OF THE REVISED CODE 8,864
INFORMING THE PARTIES OF THEIR RIGHT TO BRING AN ACTION UNDER
SECTIONS 3111.01 TO 3111.18 OF THE REVISED CODE. 8,865
Sec. 3111.49. THE MOTHER, ALLEGED FATHER, AND GUARDIAN OR 8,867
LEGAL CUSTODIAN OF A CHILD MAY OBJECT TO AN ADMINISTRATIVE ORDER 8,868
DETERMINING THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD 8,869
RELATIONSHIP BY FILING A NOTICE OF APPEAL. THE NOTICE MUST BE 8,870
FILED WITHIN THIRTY DAYS AFTER THE ISSUANCE OF THE ORDER IN THE 8,872
JUVENILE COURT OF THE COUNTY OF THE CHILD SUPPORT ENFORCEMENT 8,873
AGENCY THAT EMPLOYS THE ADMINISTRATIVE OFFICER WHO ISSUED THE 8,874
ORDER. IF A NOTICE OF APPEAL IS FILED TIMELY, THE JUVENILE COURT 8,876
SHALL PROCEED IN ACCORDANCE WITH CHAPTERS 2505. AND 2506. OF THE 8,877
REVISED CODE. THE COURT MAY TRANSFER THE APPEAL TO ANY COURT OR 8,879
DIVISION OF A COURT WITH DOMESTIC RELATIONS JURISDICTION OVER THE
PARTIES IF THE JUVENILE COURT FINDS THAT THE TRANSFER IS IN THE 8,880
207
BEST INTEREST OF THE PARTIES AND THE RESPECTIVE COURTS. IF A 8,882
TIMELY NOTICE OF APPEAL IS NOT FILED, THE ADMINISTRATIVE ORDER IS 8,883
FINAL AND ENFORCEABLE BY A COURT AND MAY NOT BE CHALLENGED IN AN 8,884
ACTION OR PROCEEDING UNDER CHAPTER 3111. OF THE REVISED CODE. 8,886
Sec. 3111.50. IF A CHILD SUPPORT ENFORCEMENT AGENCY ISSUES 8,889
AN ADMINISTRATIVE ORDER STATING THAT IT IS INCONCLUSIVE AS TO 8,890
WHETHER THE ALLEGED NATURAL FATHER IS THE NATURAL FATHER OF THE 8,891
CHILD, ANY OF THE PARTIES MAY BRING AN ACTION UNDER SECTIONS 8,892
3111.01 TO 3111.18 OF THE REVISED CODE TO ESTABLISH A PARENT AND 8,894
CHILD RELATIONSHIP.
Sec. 3111.51. UNLESS THE CHILD SUPPORT ENFORCEMENT AGENCY 8,896
HAS REASON TO BELIEVE THAT A PERSON NAMED IN THE ORDER IS A 8,898
POTENTIAL VICTIM OF DOMESTIC VIOLENCE, ANY ADMINISTRATIVE ORDER 8,899
FINDING THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP SHALL 8,901
CONTAIN THE FULL NAMES, ADDRESSES, AND SOCIAL SECURITY NUMBERS OF 8,902
THE MOTHER AND FATHER OF THE CHILD WHO IS THE SUBJECT OF THE 8,903
ORDER AND THE FULL NAME AND ADDRESS OF THE CHILD. 8,904
Sec. 3111.52. THE AGENCY, AS PART OF AN ADMINISTRATIVE 8,907
ORDER DETERMINING THE EXISTENCE OF A PARENT AND CHILD
RELATIONSHIP, MAY ORDER THE SURNAME OF THE CHILD SUBJECT TO THE 8,909
DETERMINATION TO BE CHANGED AND ORDER THE CHANGE TO BE MADE ON 8,910
THE CHILD'S BIRTH RECORD CONSISTENT WITH THE ORDER IF THE PARTIES 8,912
AGREE TO THE CHANGE.
Sec. 2301.358 3111.53. (A) A child support enforcement 8,921
agency, in accordance with the rules adopted by the department of 8,923
human services pursuant to division (B) of this section, shall 8,924
employ an administrative officer, contract with another entity to 8,925
provide an administrative officer, or contract with an individual 8,926
to serve as an administrative officer to issue, in accordance 8,927
with sections 3111.22 to 3111.29 and 3113.215 of the Revised 8,930
Code, administrative orders determining the existence or 8,931
nonexistence of a parent and child relationship and, requiring 8,932
the payment of child support, or in accordance with sections 8,934
3111.20, 3111.23 to 3111.29, and 3113.215 of the Revised Code, 8,935
208
administrative orders requiring the payment of child support 8,937
BOTH.
(B) The department of human services shall adopt rules in 8,939
accordance with Chapter 119. of the Revised Code regulating 8,940
administrative officers who issue administrative orders described 8,942
in division (A) of this section, including, but not limited to 8,944
THE FOLLOWING:
(1) The qualifications of the administrative officer; 8,946
(2) Any other procedures, requirements, or standards 8,948
necessary for the employment of the administrative officer. 8,949
Sec. 3111.54. IF AN ALLEGED FATHER OR NATURAL MOTHER 8,952
WILLFULLY FAILS TO SUBMIT TO GENETIC TESTING, OR IF THE ALLEGED 8,953
FATHER, NATURAL MOTHER, OR ANY OTHER PERSON WHO IS THE CUSTODIAN 8,954
OF THE CHILD WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC 8,955
TESTING, AS REQUIRED BY AN ORDER FOR GENETIC TESTING ISSUED UNDER 8,956
SECTION 3111.41 OF THE REVISED CODE, THE CHILD SUPPORT
ENFORCEMENT AGENCY THAT ISSUED THE ORDER MAY REQUEST THAT THE 8,957
JUVENILE COURT OF THE COUNTY IN WHICH THE AGENCY IS LOCATED FIND 8,958
THE ALLEGED FATHER, NATURAL MOTHER, OR OTHER PERSON IN CONTEMPT 8,959
PURSUANT TO SECTION 2705.02 OF THE REVISED CODE. 8,960
Sec. 3111.221 3111.58. As used in this section, "birth 8,969
record" has the same meaning as in section 3705.01 of the Revised 8,971
Code.
If an administrative order determining the existence or 8,973
nonexistence of a parent and child relationship includes a 8,974
finding that the child's father is a man other than the man named 8,975
in the child's birth record as the father or is otherwise at 8,976
variance with the child's birth record, the agency that made the 8,977
determination shall notify the department of health of the 8,978
determination as soon as any period for objection to the
determination provided for in former section 3111.21 or 3111.22 8,979
OR section 3111.22 3111.49 of the Revised Code has elapsed. 8,980
On receipt of notice under this section or notice from an 8,982
agency of another state with authority to make paternity 8,983
209
determinations that has made a determination of the existence or 8,984
nonexistence of a parent and child relationship, the department 8,985
of health shall prepare a new birth record consistent with the 8,987
agency's determination and substitute the new record for the 8,988
original birth record.
Sec. 2301.356 3111.61. If a child support enforcement 8,997
agency is made a party to an action brought to establish a parent 8,999
and child relationship under sections 3111.01 to 3111.19 3111.18 9,000
of the Revised Code and the court orders the parties to the 9,002
action to submit to genetic testing or the agency orders the 9,003
parties to submit to genetic testing under sections 3111.22 to 9,005
3111.29 SECTION 3111.41 of the Revised Code, the agency shall 9,006
provide for collection of samples and performance of genetic 9,008
testing in accordance with generally accepted medical techniques. 9,009
If a court ordered the genetic testing, the agency shall inform 9,010
the court of the procedures for collecting the samples and 9,011
performing the genetic tests, in accordance with the rules 9,012
governing on-site genetic testing adopted by the department of 9,013
human services pursuant to section 2301.35 3111.611 of the 9,014
Revised Code.
Sec. 3111.611. THE STATE DEPARTMENT OF HUMAN SERVICES 9,017
SHALL ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 9,018
RULES GOVERNING THE ESTABLISHMENT BY CHILD SUPPORT ENFORCEMENT 9,020
AGENCIES OF ON-SITE GENETIC TESTING PROGRAMS TO BE USED IN 9,021
ACTIONS UNDER SECTIONS 3111.01 TO 3111.18 OF THE REVISED CODE AND 9,022
IN ADMINISTRATIVE PROCEDURES UNDER SECTIONS 3111.38 TO 3111.54 OF 9,024
THE REVISED CODE. THE RULES SHALL INCLUDE PROVISIONS RELATING TO 9,025
THE ENVIRONMENT IN WHICH A BLOOD OR BUCCAL CELL SAMPLE MAY BE 9,026
DRAWN, THE MEDICAL PERSONNEL WHO MAY DRAW A SAMPLE, THE TRAINED 9,027
PERSONNEL WHO MAY PERFORM THE GENETIC COMPARISON, THE TYPES OF 9,028
GENETIC TESTING THAT MAY BE PERFORMED ON A SAMPLE, AND THE 9,029
PROCEDURE FOR NOTIFYING THE COURT OF THE LOCATION AT WHICH THE 9,030
SAMPLE WILL BE DRAWN, WHO WILL DRAW THE SAMPLE, AND WHO WILL 9,031
PERFORM THE GENETIC TESTING ON THE SAMPLE, AND ANY OTHER 9,032
210
PROCEDURES OR STANDARDS THE DEPARTMENT DETERMINES ARE NECESSARY 9,033
FOR THE IMPLEMENTATION OF ON-SITE GENETIC TESTING. 9,034
Sec. 3111.64. THE OFFICE OF CHILD SUPPORT IN THE 9,037
DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH AND MAINTAIN A BIRTH 9,038
REGISTRY THAT SHALL CONTAIN ALL OF THE FOLLOWING INFORMATION 9,039
CONTAINED IN ORDERS DETERMINING THE EXISTENCE OF A PARENT AND 9,040
CHILD RELATIONSHIP AND ACKNOWLEDGMENTS OF PATERNITY REQUIRED TO 9,041
BE FILED WITH THE OFFICE:
(A) THE NAMES OF THE PARENTS OF THE CHILD SUBJECT TO THE 9,044
ORDER OR ACKNOWLEDGMENT;
(B) THE NAME OF THE CHILD; 9,046
(C) THE RESIDENT ADDRESS OF EACH PARENT AND EACH PARENT'S 9,049
SOCIAL SECURITY NUMBER.
Sec. 3111.65. THE BIRTH REGISTRY SHALL BE MAINTAINED AS 9,052
PART OF AND BE ACCESSIBLE THROUGH THE AUTOMATED SYSTEM CREATED 9,053
PURSUANT TO SECTION 3125.07 OF THE REVISED CODE. THE OFFICE OF 9,054
CHILD SUPPORT SHALL MAKE COMPARISONS OF THE INFORMATION IN THE 9,055
REGISTRY WITH THE INFORMATION MAINTAINED BY THE DEPARTMENT OF 9,056
HUMAN SERVICES PURSUANT TO SECTIONS 3107.062 AND 3121.894 OF THE 9,058
REVISED CODE. THE OFFICE SHALL MAKE THE COMPARISONS IN THE 9,060
MANNER AND IN THE TIME INTERVALS REQUIRED BY THE RULES ADOPTED 9,061
PURSUANT TO SECTION 3111.67 OF THE REVISED CODE. 9,062
Sec. 3111.66. A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY, 9,065
WHICHEVER IS APPLICABLE, SHALL FILE THE FOLLOWING WITH THE OFFICE 9,066
OF CHILD SUPPORT:
(A) AN ORDER ISSUED PURSUANT TO SECTION 3111.13 OF THE 9,069
REVISED CODE ON OR AFTER JANUARY 1, 1998;
(B) AN ORDER ISSUED PURSUANT TO SECTION 3111.23 OF THE 9,072
REVISED CODE ON OR AFTER JANUARY 1, 1998, THAT HAS BECOME FINAL 9,074
AND ENFORCEABLE;
(C) AN ORDER ISSUED PURSUANT TO SECTION 3111.46 OF THE 9,076
REVISED CODE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 9,077
ON THE FILING OF AN ORDER PURSUANT TO THIS SECTION, THE 9,081
OFFICE SHALL ENTER THE INFORMATION ON THE ORDER IN THE BIRTH 9,082
211
REGISTRY.
Sec. 3111.67. THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT 9,084
RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT 9,085
THE REQUIREMENTS OF SECTIONS 3111.64 TO 3111.66 OF THE REVISED 9,086
CODE THAT ARE CONSISTENT WITH TITLE IV-D OF THE "SOCIAL SECURITY 9,087
ACT," 88 STAT. 2351, 42 U.S.C. 651 ET SEQ., AS AMENDED. 9,088
Sec. 5101.313 3111.69. The division OFFICE of child 9,098
support in the department of human services and a child support 9,100
enforcement agency may examine the putative father registry 9,102
established under section 3107.062 of the Revised Code to locate
an absent parent for the purpose of the division OFFICE or agency 9,104
carrying out its duties under the child and spousal support 9,106
enforcement programs established under section 5101.31 CHAPTER 9,107
3125. of the Revised Code. Neither the division OFFICE nor an 9,108
agency shall use the information it receives from the registry 9,110
for any purpose other than child and spousal support enforcement. 9,111
Sec. 3111.71. THE DEPARTMENT OF HUMAN SERVICES SHALL ENTER 9,113
INTO A CONTRACT WITH LOCAL HOSPITALS FOR THE PROVISION OF STAFF 9,115
BY THE HOSPITALS TO MEET WITH UNMARRIED WOMEN WHO GIVE BIRTH IN 9,116
OR EN ROUTE TO THE PARTICULAR HOSPITAL. ON OR BEFORE APRIL 1, 9,117
1998, EACH HOSPITAL SHALL ENTER INTO A CONTRACT WITH THE 9,118
DEPARTMENT OF HUMAN SERVICES PURSUANT TO THIS SECTION REGARDING 9,119
THE DUTIES IMPOSED BY THIS SECTION AND SECTION 3727.17 OF THE 9,121
REVISED CODE CONCERNING PATERNITY ESTABLISHMENT. A HOSPITAL THAT 9,122
FAILS TO ENTER INTO A CONTRACT SHALL NOT RECEIVE THE FEE FROM THE 9,123
DEPARTMENT FOR CORRECTLY SIGNED AND NOTARIZED AFFIDAVITS 9,124
SUBMITTED BY THE HOSPITAL. 9,125
Sec. 3111.72. THE CONTRACT BETWEEN THE DEPARTMENT OF HUMAN 9,128
SERVICES AND A LOCAL HOSPITAL SHALL REQUIRE ALL OF THE FOLLOWING: 9,129
(A) THAT THE HOSPITAL PROVIDE A STAFF PERSON TO MEET WITH 9,132
EACH UNMARRIED MOTHER WHO GAVE BIRTH IN OR EN ROUTE TO THE 9,133
HOSPITAL WITHIN TWENTY-FOUR HOURS OF THE BIRTH OR BEFORE THE 9,134
MOTHER IS RELEASED FROM THE HOSPITAL; 9,135
(B) THAT THE STAFF PERSON ATTEMPT TO MEET WITH THE FATHER 9,137
212
OF THE UNMARRIED MOTHER'S CHILD IF POSSIBLE; 9,138
(C) THAT THE STAFF PERSON EXPLAIN TO THE UNMARRIED MOTHER 9,140
AND THE FATHER, IF HE IS PRESENT, THE BENEFIT TO THE CHILD OF 9,141
ESTABLISHING A PARENT AND CHILD RELATIONSHIP BETWEEN THE FATHER 9,142
AND THE CHILD AND THE VARIOUS PROPER PROCEDURES FOR ESTABLISHING 9,143
A PARENT AND CHILD RELATIONSHIP; 9,144
(D) THAT THE STAFF PERSON PRESENT TO THE UNMARRIED MOTHER 9,146
AND, IF POSSIBLE, THE FATHER THE PAMPHLET OR STATEMENT REGARDING 9,148
THE RIGHTS AND RESPONSIBILITIES OF A NATURAL PARENT THAT IS 9,149
PREPARED AND PROVIDED BY THE DEPARTMENT OF HUMAN SERVICES 9,150
PURSUANT TO SECTION 3111.32 OF THE REVISED CODE; 9,151
(E) THAT THE STAFF PERSON PROVIDE THE MOTHER AND, IF 9,153
POSSIBLE, THE FATHER, ALL FORMS AND STATEMENTS NECESSARY TO 9,155
VOLUNTARILY ESTABLISH A PARENT AND CHILD RELATIONSHIP, INCLUDING, 9,156
BUT NOT LIMITED TO, THE ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT 9,157
PREPARED BY THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 9,158
3111.31 OF THE REVISED CODE;
(F) THAT THE STAFF PERSON, AT THE REQUEST OF BOTH THE 9,160
MOTHER AND FATHER, HELP THE MOTHER AND FATHER COMPLETE ANY FORM 9,161
OR STATEMENT NECESSARY TO ESTABLISH A PARENT AND CHILD 9,163
RELATIONSHIP; 9,164
(G) THAT THE HOSPITAL PROVIDE A NOTARY PUBLIC TO NOTARIZE 9,166
AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT SIGNED BY THE MOTHER AND 9,167
FATHER; 9,168
(H) THAT THE STAFF PERSON PRESENT TO AN UNMARRIED MOTHER 9,170
WHO IS NOT PARTICIPATING IN THE OHIO WORKS FIRST PROGRAM 9,171
ESTABLISHED UNDER CHAPTER 5107. OR RECEIVING MEDICAL ASSISTANCE 9,173
UNDER CHAPTER 5111. OF THE REVISED CODE AN APPLICATION FOR TITLE 9,176
IV-D SERVICES;
(I) THAT THE STAFF PERSON FORWARD ANY COMPLETED 9,178
ACKNOWLEDGMENT OF PATERNITY, NO LATER THAN TEN DAYS AFTER IT IS 9,179
COMPLETED, TO THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF 9,180
HUMAN SERVICES; 9,181
(J) THAT THE DEPARTMENT OF HUMAN SERVICES PAY THE HOSPITAL 9,183
213
TWENTY DOLLARS FOR EVERY CORRECTLY SIGNED AND NOTARIZED 9,185
ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT FROM THE HOSPITAL. 9,186
Sec. 3111.73. NOT LATER THAN JULY 1, 1998, AND THE FIRST 9,189
DAY OF EACH JULY THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES 9,191
SHALL COMPLETE A REPORT ON THE HOSPITALS THAT HAVE NOT ENTERED 9,192
INTO CONTRACTS DESCRIBED IN THIS SECTION. THE DEPARTMENT SHALL 9,193
SUBMIT THE REPORT TO THE CHAIRPERSON AND RANKING MINORITY MEMBER 9,194
OF THE COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE WITH 9,195
PRIMARY RESPONSIBILITY FOR ISSUES CONCERNING PATERNITY 9,196
ESTABLISHMENT.
Sec. 3111.74. IF THE HOSPITAL KNOWS OR DETERMINES THAT A 9,198
MAN IS PRESUMED UNDER SECTION 3111.03 OF THE REVISED CODE TO BE 9,200
THE FATHER OF A CHILD AND THAT THE PRESUMED FATHER IS NOT THE MAN
WHO SIGNED OR IS ATTEMPTING TO SIGN AN ACKNOWLEDGMENT WITH 9,202
RESPECT TO THE CHILD, THE HOSPITAL SHALL TAKE NO FURTHER ACTION 9,204
WITH REGARD TO THE ACKNOWLEDGMENT AND SHALL NOT SEND THE 9,205
ACKNOWLEDGMENT TO THE DIVISION. 9,206
Sec. 3111.77. A MAN WHO IS PRESUMED TO BE THE NATURAL 9,208
FATHER OF A CHILD PURSUANT TO SECTION 3111.03 OF THE REVISED CODE 9,209
ASSUMES THE PARENTAL DUTY OF SUPPORT WITH RESPECT TO THE CHILD AS 9,211
PROVIDED IN SECTION 3103.031 OF THE REVISED CODE.
Sec. 3111.78. A PARENT, GUARDIAN, OR LEGAL CUSTODIAN OF A 9,213
CHILD, THE PERSON WITH WHOM THE CHILD RESIDES, OR THE CHILD 9,214
SUPPORT ENFORCEMENT AGENCY OF THE COUNTY IN WHICH THE CHILD, 9,215
PARENT, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD RESIDES MAY DO 9,216
THE FOLLOWING TO REQUIRE A MAN TO PAY SUPPORT AND PROVIDE FOR THE 9,217
HEALTH CARE NEEDS OF THE CHILD IF THE MAN IS PRESUMED TO BE THE 9,218
NATURAL FATHER OF THE CHILD UNDER SECTION 3111.03 OF THE REVISED 9,219
CODE:
(A) IF THE PRESUMPTION IS NOT BASED ON AN ACKNOWLEDGMENT 9,221
OF PATERNITY, FILE A COMPLAINT PURSUANT TO SECTION 2151.231 OF 9,222
THE REVISED CODE IN THE JUVENILE COURT OF THE COUNTY IN WHICH THE 9,224
CHILD, PARENT, GUARDIAN, OR LEGAL CUSTODIAN RESIDES; 9,225
(B) ASK AN ADMINISTRATIVE OFFICER OF A CHILD SUPPORT 9,227
214
ENFORCEMENT AGENCY TO ISSUE AN ADMINISTRATIVE ORDER PURSUANT TO 9,228
SECTION 3111.81 OF THE REVISED CODE; 9,229
(C) CONTACT A CHILD SUPPORT ENFORCEMENT AGENCY FOR 9,231
ASSISTANCE IN OBTAINING AN ORDER FOR SUPPORT AND THE PROVISION OF 9,232
HEALTH CARE FOR THE CHILD. 9,233
Sec. 3111.80. IF A REQUEST FOR ISSUANCE OF AN 9,235
ADMINISTRATIVE SUPPORT ORDER IS MADE UNDER SECTION 3111.29 OR 9,236
3111.78 OF THE REVISED CODE OR AN ADMINISTRATIVE OFFICER ISSUES 9,238
AN ADMINISTRATIVE ORDER DETERMINING THE EXISTENCE OF A PARENT AND 9,239
CHILD RELATIONSHIP UNDER SECTION 3111.46 OF THE REVISED CODE, THE 9,240
ADMINISTRATIVE OFFICER SHALL SCHEDULE AN ADMINISTRATIVE HEARING 9,241
TO DETERMINE, IN ACCORDANCE WITH CHAPTERS 3119. AND 3121. OF THE 9,242
REVISED CODE, THE AMOUNT OF CHILD SUPPORT ANY PARENT IS REQUIRED 9,243
TO PAY, THE METHOD OF PAYMENT OF CHILD SUPPORT, AND THE METHOD OF
PROVIDING FOR THE CHILD'S HEALTH CARE. 9,244
THE ADMINISTRATIVE OFFICER SHALL SEND THE MOTHER AND THE 9,246
FATHER OF THE CHILD NOTICE OF THE DATE, TIME, PLACE, AND PURPOSE 9,247
OF THE ADMINISTRATIVE HEARING. THE RULES OF CIVIL PROCEDURE 9,248
SHALL APPLY REGARDING THE SENDING OF THE NOTICE, EXCEPT TO THE 9,249
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 9,250
CHILD SUPPORT ENFORCEMENT AGENCY OR THE ADMINISTRATIVE OFFICER. 9,251
THE HEARING SHALL BE HELD NO LATER THAN SIXTY DAYS AFTER 9,253
THE REQUEST IS MADE UNDER SECTION 3111.29 OR 3111.78 OF THE 9,254
REVISED CODE OR AN ADMINISTRATIVE OFFICER ISSUES AN 9,256
ADMINISTRATIVE ORDER DETERMINING THE EXISTENCE OF A PARENT AND 9,257
CHILD RELATIONSHIP UNDER SECTION 3111.46 OF THE REVISED CODE. 9,259
THE HEARING SHALL NOT BE HELD EARLIER THAN THIRTY DAYS AFTER THE 9,260
OFFICER GIVES THE MOTHER AND FATHER NOTICE OF THE HEARING. 9,261
Sec. 3111.81. AFTER THE HEARING UNDER SECTION 3111.80 OF 9,263
THE REVISED CODE IS COMPLETED, THE ADMINISTRATIVE OFFICER MAY 9,265
ISSUE AN ADMINISTRATIVE ORDER FOR THE PAYMENT OF SUPPORT AND 9,266
PROVISION FOR THE CHILD'S HEALTH CARE. THE ORDER SHALL DO ALL OF 9,268
215
THE FOLLOWING:
(A) REQUIRE PERIODIC PAYMENTS OF SUPPORT THAT MAY VARY IN 9,270
AMOUNT;
(B) REQUIRE THE PARENTS TO PROVIDE FOR THE HEALTH CARE 9,272
NEEDS OF THE CHILD IN ACCORDANCE WITH SECTIONS 3119.30 TO 3119.58 9,273
OF THE REVISED CODE; 9,274
(C) INCLUDE A NOTICE THAT CONTAINS THE INFORMATION 9,276
DESCRIBED IN SECTION 3111.84 OF THE REVISED CODE INFORMING THE 9,277
MOTHER AND THE FATHER OF THE RIGHT TO FILE A NOTICE OF APPEAL 9,278
RELATIVE TO THE ORDER AND THE EFFECT OF A FAILURE TO TIMELY FILE 9,279
A NOTICE OF APPEAL.
Sec. 3111.82. A PARTY TO A REQUEST MADE UNDER SECTION 9,281
3111.78 OF THE REVISED CODE FOR AN ADMINISTRATIVE SUPPORT ORDER 9,282
MAY RAISE THE ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT 9,283
AND CHILD RELATIONSHIP.
Sec. 3111.821. IF A REQUEST IS MADE PURSUANT TO SECTION 9,286
3111.78 OF THE REVISED CODE FOR AN ADMINISTRATIVE SUPPORT ORDER
AND THE ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND 9,288
CHILD RELATIONSHIP IS RAISED, THE ADMINISTRATIVE OFFICER SHALL
TREAT THE REQUEST AS A REQUEST MADE PURSUANT TO SECTION 3111.38 9,290
OF THE REVISED CODE AND DETERMINE THE ISSUE IN ACCORDANCE WITH 9,292
THAT SECTION. IF THE REQUEST MADE UNDER SECTION 3111.78 OF THE 9,293
REVISED CODE IS MADE BASED ON AN ACKNOWLEDGMENT OF PATERNITY THAT 9,294
HAS NOT BECOME FINAL, THE ADMINISTRATIVE OFFICER SHALL PROMPTLY 9,295
NOTIFY THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN 9,296
SERVICES WHEN THE OFFICER ISSUES AN ORDER DETERMINING THE 9,297
EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP WITH 9,298
RESPECT TO THE CHILD WHO IS THE SUBJECT OF THE ACKNOWLEDGMENT OF
PATERNITY. ON RECEIPT OF THE NOTICE BY THE OFFICE, THE 9,301
ACKNOWLEDGMENT OF PATERNITY SHALL BE CONSIDERED RESCINDED. 9,302
IF THE PARTIES DO NOT RAISE THE ISSUE OF THE EXISTENCE OR 9,304
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP PURSUANT TO THE 9,305
REQUEST MADE UNDER SECTION 3111.78 OF THE REVISED CODE AND AN 9,307
ADMINISTRATIVE ORDER IS ISSUED PURSUANT TO SECTION 3111.81 OF THE 9,308
216
REVISED CODE PRIOR TO THE DATE THE ACKNOWLEDGMENT OF PATERNITY 9,310
BECOMES FINAL, THE ACKNOWLEDGMENT SHALL BE CONSIDERED FINAL AS OF 9,312
THE DATE OF THE ISSUANCE OF THE ORDER. AN ADMINISTRATIVE ORDER 9,313
ISSUED PURSUANT TO SECTION 3111.81 OF THE REVISED CODE SHALL NOT 9,314
AFFECT AN ACKNOWLEDGMENT THAT BECOMES FINAL PRIOR TO THE ISSUANCE 9,316
OF THE ORDER.
Sec. 3111.83. AN ADMINISTRATIVE OFFICER WHO ISSUES AN 9,318
ADMINISTRATIVE SUPPORT ORDER FOR THE PAYMENT OF SUPPORT AND 9,319
PROVISION FOR A CHILD'S HEALTH CARE SHALL REGISTER THE ORDER OR 9,320
CAUSE THE ORDER TO BE REGISTERED IN THE SYSTEM ESTABLISHED UNDER 9,321
SECTION 3111.831 OF THE REVISED CODE OR WITH THE CLERK OF THE 9,323
COURT OF COMMON PLEAS OF THE COUNTY SERVED BY THE ADMINISTRATIVE 9,324
OFFICER'S CHILD SUPPORT ENFORCEMENT AGENCY. 9,325
Sec. 3111.831. EACH CHILD SUPPORT ENFORCEMENT AGENCY MAY 9,327
DEVELOP A SYSTEM AND PROCEDURE FOR THE ORGANIZED SAFEKEEPING AND 9,328
RETRIEVAL OF ADMINISTRATIVE SUPPORT ORDERS FOR THE PAYMENT OF 9,329
SUPPORT AND PROVISION FOR THE CHILD'S HEALTH CARE. 9,330
Sec. 3111.832. IF AN ADMINISTRATIVE SUPPORT ORDER IS 9,332
REGISTERED WITH THE CLERK OF A COURT OF COMMON PLEAS, THE CLERK 9,333
SHALL NOT CHARGE A FEE FOR THE REGISTRATION AND SHALL ASSIGN THE 9,334
ORDER A CASE NUMBER.
Sec. 3111.84. THE MOTHER OR FATHER OF A CHILD WHO IS THE 9,336
SUBJECT OF AN ADMINISTRATIVE SUPPORT ORDER MAY OBJECT TO THE 9,337
ORDER BY FILING A NOTICE OF APPEAL. THE NOTICE MUST BE FILED 9,338
WITHIN THIRTY DAYS AFTER THE ISSUANCE OF THE ORDER IN THE 9,339
JUVENILE COURT OF THE COUNTY OF THE CHILD SUPPORT ENFORCEMENT 9,340
AGENCY THAT ISSUED THE ORDER. IF A NOTICE OF APPEAL IS FILED 9,343
TIMELY, THE JUVENILE COURT SHALL PROCEED IN ACCORDANCE WITH 9,345
CHAPTERS 2505. AND 2506. OF THE REVISED CODE. THE COURT MAY 9,347
TRANSFER THE APPEAL TO ANY COURT OR DIVISION OF A COURT WITH 9,348
DOMESTIC RELATIONS JURISDICTION OVER THE PARTIES IF THE JUVENILE 9,349
COURT FINDS THAT THE TRANSFER IS IN THE BEST INTEREST OF THE 9,351
PARTIES AND THE RESPECTIVE COURTS. IF NEITHER THE MOTHER NOR 9,352
THE FATHER TIMELY FILES A NOTICE OF APPEAL, THE ORDER IS FINAL 9,353
217
AND ENFORCEABLE BY A COURT AND MAY BE MODIFIED ONLY AS PROVIDED 9,354
IN CHAPTERS 3119., 3121., AND 3123. OF THE REVISED CODE. 9,356
Sec. 3111.85. AN ADMINISTRATIVE SUPPORT ORDER ISSUED 9,358
PURSUANT TO FORMER SECTION 3111.21 OF THE REVISED CODE PRIOR TO 9,359
JANUARY 1, 1998, THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS 9,360
SECTION SHALL REMAIN IN EFFECT ON AND AFTER THE EFFECTIVE DATE OF 9,361
THIS SECTION AND SHALL BE CONSIDERED AN ADMINISTRATIVE SUPPORT 9,362
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 9,372
to 3111.38 3111.96 of the Revised Code: 9,373
(A) "Artificial insemination" means the introduction of 9,375
semen into the vagina, cervical canal, or uterus through 9,376
instruments or other artificial means. 9,377
(B) "Donor" means a man who supplies semen for a 9,379
non-spousal artificial insemination. 9,380
(C) "Non-spousal artificial insemination" means an 9,382
artificial insemination of a woman with the semen of a man who is 9,383
not her husband. 9,384
(D) "Physician" means a person who is licensed pursuant to 9,386
Chapter 4731. of the Revised Code to practice medicine or surgery 9,387
or osteopathic medicine or surgery in this state. 9,388
(E) "Recipient" means a woman who has been artificially 9,390
inseminated with the semen of a donor. 9,391
Sec. 3111.31 3111.89. Sections 3111.30 3111.88 to 3111.38 9,401
3111.96 of the Revised Code deal with non-spousal artificial 9,403
insemination for the purpose of impregnating a woman so that she 9,404
can bear a child that she intends to raise as her child. These
sections do not deal with the artificial insemination of a wife 9,405
with the semen of her husband or with surrogate motherhood. 9,406
Sec. 3111.32 3111.90. A non-spousal artificial 9,415
insemination shall be performed by a physician or a person who is 9,417
under the supervision and control of a physician. Supervision 9,418
requires the availability of a physician for consultation and
218
direction, but does not necessarily require the personal presence 9,419
of the physician who is providing the supervision. 9,420
Sec. 3111.33 3111.91. (A) In a non-spousal artificial 9,429
insemination, fresh or frozen semen may be used, provided that 9,430
the requirements of division (B) of this section are satisfied. 9,431
(B)(1) A physician or person under the supervision and 9,433
control of a physician may use fresh semen for purposes of a 9,434
non-spousal artificial insemination, only if within one year 9,435
prior to the supplying of the semen, a complete medical history 9,436
of the donor, including, but not limited to, any available 9,437
genetic history of the donor, was obtained by a physician, the 9,438
donor had a physical examination by a physician, and the donor 9,439
was tested for blood type and RH factor. 9,440
(2) A physician or person under the supervision and 9,442
control of a physician may use frozen semen for purposes of a 9,443
non-spousal artificial insemination only if all the following 9,444
apply: 9,445
(a) The requirements set forth in division (B)(1) of this 9,447
section are satisfied; 9,448
(b) In conjunction with the supplying of the semen, the 9,450
semen or blood of the donor was the subject of laboratory studies 9,451
that the physician involved in the non-spousal artificial 9,452
insemination considers appropriate. The laboratory studies may 9,453
include, but are not limited to, venereal disease research 9,454
laboratories, karotyping, GC culture, cytomegalo, hepatitis, 9,455
kem-zyme, Tay-Sachs, sickle-cell, ureaplasma, HLTV-III, and 9,456
chlamydia. 9,457
(c) The physician involved in the non-spousal artificial 9,459
insemination determines that the results of the laboratory 9,460
studies are acceptable results. 9,461
Sec. 3111.34 3111.92. The non-spousal artificial 9,470
insemination of a married woman may occur only if both she and 9,472
her husband sign a written consent to the artificial insemination 9,473
as described in section 3111.35 3111.93 of the Revised Code. 9,474
219
Sec. 3111.35 3111.93. (A) Prior to a non-spousal 9,483
artificial insemination, the physician associated with it shall 9,484
do the following: 9,485
(1) Obtain the written consent of the recipient on a form 9,487
that the physician shall provide. The written consent shall 9,488
contain all of the following: 9,489
(a) The name and address of the recipient and, if married, 9,491
her husband; 9,492
(b) The name of the physician; 9,494
(c) The proposed location of the performance of the 9,496
artificial insemination; 9,497
(d) A statement that the recipient and, if married, her 9,499
husband consent to the artificial insemination; 9,500
(e) If desired, a statement that the recipient and, if 9,502
married, her husband consent to more than one artificial 9,503
insemination if necessary; 9,504
(f) A statement that the donor shall not be advised by the 9,506
physician or another person performing the artificial 9,507
insemination as to the identity of the recipient or, if married, 9,508
her husband and that the recipient and, if married, her husband 9,509
shall not be advised by the physician or another person 9,510
performing the artificial insemination as to the identity of the 9,511
donor; 9,512
(g) A statement that the physician is to obtain necessary 9,514
semen from a donor and, subject to any agreed upon provision as 9,515
described in division (A)(1)(n) of this section, that the 9,516
recipient and, if married, her husband shall rely upon the 9,517
judgment and discretion of the physician in this regard; 9,518
(h) A statement that the recipient and, if married, her 9,520
husband understand that the physician cannot be responsible for 9,521
the physical or mental characteristics of any child resulting 9,522
from the artificial insemination; 9,523
(i) A statement that there is no guarantee that the 9,525
recipient will become pregnant as a result of the artificial 9,526
220
insemination; 9,527
(j) A statement that the artificial insemination shall 9,529
occur in compliance with sections 3111.30 3111.88 to 3111.38 9,531
3111.96 of the Revised Code; 9,532
(k) A brief summary of the paternity consequences of the 9,534
artificial insemination as set forth in section 3111.37 3111.95 9,536
of the Revised Code; 9,537
(l) The signature of the recipient and, if married, her 9,539
husband; 9,540
(m) If agreed to, a statement that the artificial 9,542
insemination will be performed by a person who is under the 9,543
supervision and control of the physician; 9,544
(n) Any other provision that the physician, the recipient, 9,546
and, if married, her husband agree to include. 9,547
(2) Upon request, provide the recipient and, if married, 9,549
her husband with the following information to the extent the 9,550
physician has knowledge of it: 9,551
(a) The medical history of the donor, including, but not 9,553
limited to, any available genetic history of the donor and 9,554
persons related to him by consanguinity, the blood type of the 9,555
donor, and whether he has an RH factor; 9,556
(b) The race, eye and hair color, age, height, and weight 9,558
of the donor; 9,559
(c) The educational attainment and talents of the donor; 9,561
(d) The religious background of the donor; 9,563
(e) Any other information that the donor has indicated may 9,565
be disclosed. 9,566
(B) After each non-spousal artificial insemination of a 9,568
woman, the physician associated with it shall note the date of 9,569
the artificial insemination in his THE PHYSICIAN'S records 9,570
pertaining to the woman and the artificial insemination, and 9,572
retain this information as provided in section 3111.36 3111.94 of 9,573
the Revised Code. 9,574
Sec. 3111.36 3111.94. (A) The physician who is associated 9,583
221
with a non-spousal artificial insemination shall place the 9,585
written consent obtained pursuant to division (A)(1) of section 9,586
3111.35 3111.93 of the Revised Code, information provided to the 9,588
recipient and, if married, her husband pursuant to division 9,589
(A)(2) of that section, other information concerning the donor 9,590
that he THE PHYSICIAN possesses, and other matters concerning the 9,592
artificial insemination in a file that shall bear the name of the 9,593
recipient. This file shall be retained by the physician in his 9,594
THE PHYSICIAN'S office separate from any regular medical chart of 9,596
the recipient, and shall be confidential, except as provided in 9,597
divisions (B) and (C) of this section. This file is not a public 9,598
record under section 149.43 of the Revised Code. 9,599
(B) The written consent form and information provided to 9,601
the recipient and, if married, her husband pursuant to division 9,602
(A)(2) of section 3111.35 3111.93 of the Revised Code shall be 9,603
open to inspection only until the child born as the result of the 9,605
non-spousal artificial insemination is twenty-one years of age, 9,606
and only to the recipient or, if married, her husband upon 9,607
request to the physician. 9,608
(C) Information pertaining to the donor that was not 9,610
provided to the recipient and, if married, her husband pursuant 9,611
to division (A)(2) of section 3111.35 3111.93 of the Revised Code 9,613
and that the physician possesses shall be kept in the file 9,614
pertaining to the non-spousal artificial insemination for at 9,615
least five years from the date of the artificial insemination. 9,616
At the expiration of this period, the physician may destroy such 9,617
information or retain it in the file. 9,618
The physician shall not make this information available for 9,620
inspection by any person during the five-year period or, if the 9,621
physician retains the information after the expiration of that 9,622
period, at any other time, unless the following apply: 9,623
(1) A child is born as a result of the artificial 9,625
insemination, an action is filed by the recipient, her husband if 9,626
she is married, or a guardian of the child in the domestic 9,627
222
relations division or, if there is no domestic relations 9,628
division, the general division of the court of common pleas of 9,629
the county in which the office of the physician is located, the 9,630
child is not twenty-one years of age or older, and the court 9,631
pursuant to division (C)(2) of this section issues an order 9,632
authorizing the inspection of specified types of information by 9,633
the recipient, husband, or guardian; 9,634
(2) Prior to issuing an order authorizing an inspection of 9,636
information, the court shall determine, by clear and convincing 9,637
evidence, that the information that the recipient, husband, or 9,638
guardian wishes to inspect is necessary for or helpful in the 9,639
medical treatment of the child born as a result of the artificial 9,640
insemination, and shall determine which types of information in 9,641
the file are germane to the medical treatment and are to be made 9,642
available for inspection by the recipient, husband, or guardian 9,643
in that regard. An order only shall authorize the inspection of 9,644
information germane to the medical treatment of the child. 9,645
Sec. 3111.37 3111.95. (A) If a married woman is the 9,654
subject of a non-spousal artificial insemination and if her 9,656
husband consented to the artificial insemination, the husband 9,657
shall be treated in law and regarded as the natural father of a 9,658
child conceived as a result of the artificial insemination, and a 9,659
child so conceived shall be treated in law and regarded as the 9,660
natural child of the husband. A presumption that arises under 9,661
division (A)(1) or (2) of section 3111.03 of the Revised Code is 9,662
conclusive with respect to this father and child relationship, 9,663
and no action or proceeding under sections 3111.01 to 3111.19 9,665
3111.18 or section 3111.22 SECTIONS 3111.38 TO 3111.54 of the 9,667
Revised Code shall affect the relationship. 9,668
(B) If a woman is the subject of a non-spousal artificial 9,670
insemination, the donor shall not be treated in law or regarded 9,671
as the natural father of a child conceived as a result of the 9,672
artificial insemination, and a child so conceived shall not be 9,673
treated in law or regarded as the natural child of the donor. No 9,674
223
action or proceeding under sections 3111.01 to 3111.19 3111.18 or 9,676
section 3111.22 SECTIONS 3111.38 TO 3111.54 of the Revised Code 9,678
shall affect these consequences. 9,679
Sec. 3111.38 3111.96. The failure of a physician or person 9,688
under the supervision and control of a physician to comply with 9,690
the applicable requirements of sections 3111.30 3111.88 to 9,691
3111.37 3111.95 of the Revised Code shall not affect the legal 9,693
status, rights, or obligations of a child conceived as a result 9,694
of a non-spousal artificial insemination, a recipient, a husband 9,695
who consented to the non-spousal artificial insemination of his 9,696
wife, or the donor. If a recipient who is married and her 9,697
husband make a good faith effort to execute a written consent 9,698
that is in compliance with section 3111.35 3111.93 of the Revised 9,699
Code relative to a non-spousal artificial insemination, the 9,700
failure of the written consent to so comply shall not affect the 9,701
paternity consequences set forth in division (A) of section 9,702
3111.37 3111.95 of the Revised Code. 9,703
Sec. 3111.99. (A) For purposes of this section, 9,712
"administrative support order" and "obligor" have the same 9,713
meaning as in section 3111.20 of the Revised Code. 9,714
(B) Whoever violates section 3111.29 3111.19 of the 9,716
Revised Code is guilty of interfering with the establishment of 9,718
paternity, a misdemeanor of the first degree. 9,719
(C) An obligor who violates division (B)(1)(c) of section 9,722
3111.23 of the Revised Code shall be fined not more than fifty 9,723
dollars for a first offense, not more than one hundred dollars
for a second offense, and not more than five hundred dollars for 9,724
each subsequent offense. 9,725
(D) An obligor who violates division (E)(2) of section 9,727
3111.23 of the Revised Code shall be fined not more than fifty 9,728
dollars for a first offense, not more than one hundred dollars 9,730
for a second offense, and not more than five hundred dollars for 9,731
each subsequent offense.
(E) A fine imposed pursuant to division (C) or (D) of this 9,734
224
section shall be paid to the division of child support in the 9,735
department of human services or, pursuant to division (H)(4) of 9,737
section 2301.35 of the Revised Code, the child support 9,739
enforcement agency. The amount of the fine that does not exceed 9,740
the amount of arrearage the obligor owes under the administrative 9,741
support order shall be disbursed in accordance with the support
order. The amount of the fine that exceeds the amount of the 9,742
arrearage under the support order shall be called program income 9,743
and shall be collected in accordance with section 5101.325 of the 9,744
Revised Code.
Sec. 3113.04. (A) Sentence may be suspended if a person, 9,753
after conviction under section 2919.21 of the Revised Code and 9,754
before sentence under that section, appears before the court of 9,755
common pleas in which the conviction took place and enters into 9,756
bond to the state in a sum fixed by the court at not less than 9,757
five hundred nor more than one thousand dollars, with sureties 9,758
approved by the court, conditioned that the person will furnish 9,759
the child or other dependent with necessary or proper home, care, 9,760
food, and clothing, or will pay promptly each week for such 9,761
purpose to the division OFFICE of child support in the department 9,763
of human services, a sum to be fixed by the agency. The child 9,764
support enforcement agency shall comply with sections 3113.21 to 9,765
3113.219 CHAPTER 3119. of the Revised Code when it fixes the sum 9,767
to be paid to the division.
(B) Each order for child support made or modified under 9,769
this section shall include as part of the order a general 9,771
provision, as described in division (A)(1) of section 3113.21 of 9,772
the Revised Code, requiring the withholding or deduction of 9,774
income or assets of the obligor under the order as described in 9,776
division (D) of section 3113.21 of the Revised Code or another 9,778
type of appropriate requirement as described in division (D)(3), 9,779
(D)(4), or (H) of that section, to ensure that withholding or 9,782
deduction from the income or assets of the obligor is available 9,784
from the commencement of the support order for collection of the 9,785
225
support and of any arrearages that occur; a statement requiring 9,786
all parties to the order to notify the child support enforcement 9,787
agency in writing of their current mailing address, current 9,788
residence address, current resident telephone number, current 9,789
driver's license number, and any changes to that information, and 9,790
a notice that the requirement to notify the agency of all changes 9,792
to that information continues until further notice from the 9,794
court. If any person required to pay child support under an 9,795
order made under this section on or after April 15, 1985, or 9,796
modified on or after December 1, 1986, is found in contempt of 9,797
court for failure to make support payments under the order, the 9,798
court that makes the finding, in addition to any other penalty or 9,799
remedy imposed, shall assess all court costs arising out of the 9,800
contempt proceeding against the person and require the person to 9,801
pay any reasonable attorney's fees of any adverse party, as 9,802
determined by the court, that arose in relation to the act of 9,803
contempt.
(C) Notwithstanding section 3109.01 of the Revised Code, 9,805
if a court issues a child support order under this section, the 9,806
order shall remain in effect beyond the child's eighteenth 9,807
birthday as long as the child continuously attends on a full-time 9,808
basis any recognized and accredited high school or the order 9,810
provides that the duty of support of the child continues beyond 9,811
the child's eighteenth birthday. Except in cases in which the 9,813
order provides that the duty of support continues for any period 9,814
after the child reaches nineteen years of age, the order shall 9,815
not remain in effect after the child reaches age nineteen. Any 9,816
parent ordered to pay support under a child support order issued 9,818
under this section shall continue to pay support under the order, 9,819
including during seasonal vacation periods, until the order 9,820
terminates. 9,821
Sec. 3113.07. As used in this section, "executive 9,830
director" has the same meaning as in section 5153.01 of the 9,831
Revised Code. 9,832
226
Sentence may be suspended, if a person, after conviction 9,834
under section 3113.06 of the Revised Code and before sentence 9,835
thereunder, appears before the court of common pleas in which 9,836
such conviction took place and enters into bond to the state in a 9,837
sum fixed by the court at not less than five hundred dollars, 9,838
with sureties approved by such court, conditioned that such 9,839
person will pay, so long as the child remains a ward of the 9,840
public children services agency or a recipient of aid pursuant to 9,842
Chapter 5107. or 5115. of the Revised Code, to the executive 9,843
director thereof or to a trustee to be named by the court, for 9,844
the benefit of such agency or if the child is a recipient of aid 9,845
pursuant to Chapter 5107. or 5115. of the Revised Code, to the 9,847
county department of human services, the reasonable cost of 9,848
keeping such child. The amount of such costs and the time of
payment shall be fixed by the court. 9,849
The court, in accordance with section 3113.217 SECTIONS 9,851
3119.30 TO 3119.58 of the Revised Code, shall include in each 9,854
support order made under this section the requirement that one or 9,856
both of the parents provide for the health care needs of the
child to the satisfaction of the court. 9,857
Sec. 3113.31. (A) As used in this section: 9,866
(1) "Domestic violence" means the occurrence of one or 9,868
more of the following acts against a family or household member: 9,869
(a) Attempting to cause or recklessly causing bodily 9,871
injury; 9,872
(b) Placing another person by the threat of force in fear 9,874
of imminent serious physical harm or committing a violation of 9,875
section 2903.211 or 2911.211 of the Revised Code; 9,876
(c) Committing any act with respect to a child that would 9,878
result in the child being an abused child, as defined in section 9,879
2151.031 of the Revised Code. 9,880
(2) "Court" means the domestic relations division of the 9,882
court of common pleas in counties that have a domestic relations 9,883
division, and the court of common pleas in counties that do not 9,884
227
have a domestic relations division. 9,885
(3) "Family or household member" means any of the 9,887
following: 9,888
(a) Any of the following who is residing with or has 9,890
resided with the respondent: 9,891
(i) A spouse, a person living as a spouse, or a former 9,893
spouse of the respondent; 9,894
(ii) A parent or a child of the respondent, or another 9,896
person related by consanguinity or affinity to the respondent; 9,897
(iii) A parent or a child of a spouse, person living as a 9,899
spouse, or former spouse of the respondent, or another person 9,900
related by consanguinity or affinity to a spouse, person living 9,901
as a spouse, or former spouse of the respondent. 9,902
(b) The natural parent of any child of whom the respondent 9,904
is the other natural parent or is the putative other natural 9,905
parent.
(4) "Person living as a spouse" means a person who is 9,907
living or has lived with the respondent in a common law marital 9,908
relationship, who otherwise is cohabiting with the respondent, or 9,910
who otherwise has cohabited with the respondent within five years 9,911
prior to the date of the alleged occurrence of the act in
question.
(5) "Victim advocate" means a person who provides support 9,913
and assistance for a person who files a petition under this 9,914
section.
(B) The court has jurisdiction over all proceedings under 9,916
this section. The petitioner's right to relief under this 9,917
section is not affected by the petitioner's leaving the residence 9,918
or household to avoid further domestic violence. 9,919
(C) A person may seek relief under this section on the 9,921
person's own behalf, or any parent or adult household member may 9,923
seek relief under this section on behalf of any other family or
household member, by filing a petition with the court. The 9,924
petition shall contain or state: 9,925
228
(1) An allegation that the respondent engaged in domestic 9,927
violence against a family or household member of the respondent, 9,928
including a description of the nature and extent of the domestic 9,929
violence; 9,930
(2) The relationship of the respondent to the petitioner, 9,932
and to the victim if other than the petitioner; 9,933
(3) A request for relief under this section. 9,935
(D)(1) If a person who files a petition pursuant to this 9,937
section requests an ex parte order, the court shall hold an ex 9,938
parte hearing on the same day that the petition is filed. The 9,939
court, for good cause shown at the ex parte hearing, may enter 9,940
any temporary orders, with or without bond, including, but not 9,941
limited to, an order described in division (E)(1)(a), (b), or (c) 9,942
of this section, that the court finds necessary to protect the 9,943
family or household member from domestic violence. Immediate and 9,944
present danger of domestic violence to the family or household 9,945
member constitutes good cause for purposes of this section. 9,946
Immediate and present danger includes, but is not limited to, 9,947
situations in which the respondent has threatened the family or 9,948
household member with bodily harm or in which the respondent 9,949
previously has been convicted of or pleaded guilty to an offense 9,951
that constitutes domestic violence against the family or
household member. 9,952
(2)(a) If the court, after an ex parte hearing, issues an 9,954
order described in division (E)(1)(b) or (c) of this section, the 9,955
court shall schedule a full hearing for a date that is within 9,956
seven court days after the ex parte hearing. If any other type 9,957
of protection order that is authorized under division (E) of this 9,958
section is issued by the court after an ex parte hearing, the 9,959
court shall schedule a full hearing for a date that is within ten 9,960
court days after the ex parte hearing. The court shall give the 9,961
respondent notice of, and an opportunity to be heard at, the full 9,963
hearing. The court shall hold the full hearing on the date 9,964
scheduled under this division unless the court grants a 9,965
229
continuance of the hearing in accordance with this division.
Under any of the following circumstances or for any of the 9,966
following reasons, the court may grant a continuance of the full 9,967
hearing to a reasonable time determined by the court: 9,968
(i) Prior to the date scheduled for the full hearing under 9,970
this division, the respondent has not been served with the 9,971
petition filed pursuant to this section and notice of the full 9,972
hearing.
(ii) The parties consent to the continuance. 9,974
(iii) The continuance is needed to allow a party to obtain 9,976
counsel. 9,977
(iv) The continuance is needed for other good cause. 9,979
(b) An ex parte order issued under this section does not 9,981
expire because of a failure to serve notice of the full hearing 9,982
upon the respondent before the date set for the full hearing 9,983
under division (D)(2)(a) of this section or because the court 9,984
grants a continuance under that division. 9,985
(3) If a person who files a petition pursuant to this 9,987
section does not request an ex parte order, or if a person 9,988
requests an ex parte order but the court does not issue an ex 9,989
parte order after an ex parte hearing, the court shall proceed as 9,990
in a normal civil action and grant a full hearing on the matter. 9,991
(E)(1) After an ex parte or full hearing, the court may 9,993
grant any protection order, with or without bond, or approve any 9,994
consent agreement to bring about a cessation of domestic violence 9,995
against the family or household members. The order or agreement 9,996
may: 9,997
(a) Direct the respondent to refrain from abusing the 9,999
family or household members; 10,000
(b) Grant possession of the residence or household to the 10,002
petitioner or other family or household member, to the exclusion 10,003
of the respondent, by evicting the respondent, when the residence 10,004
or household is owned or leased solely by the petitioner or other 10,005
family or household member, or by ordering the respondent to 10,006
230
vacate the premises, when the residence or household is jointly 10,007
owned or leased by the respondent, and the petitioner or other 10,008
family or household member; 10,009
(c) When the respondent has a duty to support the 10,011
petitioner or other family or household member living in the 10,012
residence or household and the respondent is the sole owner or 10,013
lessee of the residence or household, grant possession of the 10,014
residence or household to the petitioner or other family or 10,015
household member, to the exclusion of the respondent, by ordering 10,016
the respondent to vacate the premises, or, in the case of a 10,017
consent agreement, allow the respondent to provide suitable, 10,018
alternative housing; 10,019
(d) Temporarily allocate parental rights and 10,021
responsibilities for the care of, or establish temporary 10,022
visitation PARENTING TIME rights with regard to, minor children, 10,023
if no other court has determined, or is determining, the 10,025
allocation of parental rights and responsibilities for the minor 10,026
children or visitation PARENTING TIME rights; 10,028
(e) Require the respondent to maintain support, if the 10,030
respondent customarily provides for or contributes to the support 10,031
of the family or household member, or if the respondent has a 10,032
duty to support the petitioner or family or household member; 10,033
(f) Require the respondent, petitioner, victim of domestic 10,035
violence, or any combination of those persons, to seek 10,036
counseling; 10,037
(g) Require the respondent to refrain from entering the 10,039
residence, school, business, or place of employment of the 10,040
petitioner or family or household member; 10,041
(h) Grant other relief that the court considers equitable 10,043
and fair, including, but not limited to, ordering the respondent 10,044
to permit the use of a motor vehicle by the petitioner or other 10,045
family or household member and the apportionment of household and 10,046
family personal property. 10,047
(2) If a protection order has been issued pursuant to this 10,049
231
section in a prior action involving the respondent and the 10,050
petitioner or one or more of the family or household members, the 10,051
court may include in a protection order that it issues a 10,052
prohibition against the respondent returning to the residence or 10,053
household. If it includes a prohibition against the respondent 10,055
returning to the residence or household in the order, it also 10,056
shall include in the order provisions of the type described in 10,057
division (E)(7) of this section. This division does not preclude 10,059
the court from including in a protection order or consent 10,060
agreement, in circumstances other than those described in this 10,061
division, a requirement that the respondent be evicted from or 10,062
vacate the residence or household or refrain from entering the 10,063
residence, school, business, or place of employment of the 10,064
petitioner or a family or household member, and, if the court 10,065
includes any requirement of that type in an order or agreement, 10,066
the court also shall include in the order provisions of the type 10,067
described in division (E)(7) of this section. 10,068
(3)(a) Any protection order issued or consent agreement 10,071
approved under this section shall be valid until a date certain, 10,072
but not later than five years from the date of its issuance or 10,073
approval.
(b) Subject to the limitation on the duration of an order 10,075
or agreement set forth in division (E)(3)(a) of this section, any 10,076
order under division (E)(1)(d) of this section shall terminate on 10,077
the date that a court in an action for divorce, dissolution of 10,079
marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and 10,080
responsibilities for the care of children or on the date that a 10,081
juvenile court in an action brought by the petitioner or 10,082
respondent issues an order awarding legal custody of minor 10,083
children. Subject to the limitation on the duration of an order
or agreement set forth in division (E)(3)(a) of this section, any 10,084
order under division (E)(1)(e) of this section shall terminate on 10,085
the date that a court in an action for divorce, dissolution of 10,086
232
marriage, or legal separation brought by the petitioner or 10,087
respondent issues a support order or on the date that a juvenile 10,088
court in an action brought by the petitioner or respondent issues
a support order. 10,089
(c) Any protection order issued or consent agreement 10,092
approved pursuant to this section may be renewed in the same 10,093
manner as the original order or agreement was issued or approved. 10,094
(4) A court may not issue a protection order that requires 10,096
a petitioner to do or to refrain from doing an act that the court 10,097
may require a respondent to do or to refrain from doing under 10,098
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this 10,099
section unless all of the following apply:
(a) The respondent files a separate petition for a 10,101
protection order in accordance with this section. 10,102
(b) The petitioner is served notice of the respondent's 10,104
petition at least forty-eight hours before the court holds a 10,105
hearing with respect to the respondent's petition, or the 10,106
petitioner waives the right to receive this notice. 10,107
(c) If the petitioner has requested an ex parte order 10,109
pursuant to division (D) of this section, the court does not 10,110
delay any hearing required by that division beyond the time 10,111
specified in that division in order to consolidate the hearing 10,112
with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents 10,114
evidence in support of the request for a protection order and the 10,115
petitioner is afforded an opportunity to defend against that 10,116
evidence, the court determines that the petitioner has committed 10,117
an act of domestic violence or has violated a temporary 10,118
protection order issued pursuant to section 2919.26 of the
Revised Code, that both the petitioner and the respondent acted 10,119
primarily as aggressors, and that neither the petitioner nor the 10,120
respondent acted primarily in self-defense. 10,121
(5) No protection order issued or consent agreement 10,123
approved under this section shall in any manner affect title to 10,125
233
any real property.
(6)(a) If a petitioner, or the child of a petitioner, who 10,127
obtains a protection order or consent agreement pursuant to 10,128
division (E)(1) of this section or a temporary protection order 10,129
pursuant to section 2919.26 of the Revised Code and is the 10,130
subject of a PARENTING TIME ORDER ISSUED PURSUANT TO SECTION 10,131
3109.051 OR 3109.12 OF THE REVISED CODE OR A visitation or
companionship order issued pursuant to section 3109.051, 3109.11, 10,133
or 3109.12 of the Revised Code or division (E)(1)(d) of this
section granting visitation or companionship PARENTING TIME 10,134
rights to the respondent, the court may require the public 10,136
children services agency of the county in which the court is 10,137
located to provide supervision of the respondent's exercise of
PARENTING TIME OR visitation or companionship rights with respect 10,138
to the child for a period not to exceed nine months, if the court 10,140
makes the following findings of fact: 10,141
(i) The child is in danger from the respondent; 10,143
(ii) No other person or agency is available to provide the 10,145
supervision.
(b) A court that requires an agency to provide supervision 10,147
pursuant to division (E)(6)(a) of this section shall order the 10,149
respondent to reimburse the agency for the cost of providing the 10,150
supervision, if it determines that the respondent has sufficient 10,152
income or resources to pay that cost.
(7)(a) If a protection order issued or consent agreement 10,154
approved under this section includes a requirement that the 10,155
respondent be evicted from or vacate the residence or household 10,156
or refrain from entering the residence, school, business, or 10,157
place of employment of the petitioner or a family or household 10,158
member, the order or agreement shall state clearly that the order 10,159
or agreement cannot be waived or nullified by an invitation to 10,160
the respondent from the petitioner or other family or household 10,161
member to enter the residence, school, business, or place of 10,162
employment or by the respondent's entry into one of those places 10,163
234
otherwise upon the consent of the petitioner or other family or 10,164
household member. 10,165
(b) Division (E)(7)(a) of this section does not limit any 10,168
discretion of a court to determine that a respondent charged with 10,169
a violation of section 2919.27 of the Revised Code, with a 10,170
violation of a municipal ordinance substantially equivalent to 10,171
that section, or with contempt of court, which charge is based on 10,172
an alleged violation of a protection order issued or consent 10,173
agreement approved under this section, did not commit the 10,175
violation or was not in contempt of court. 10,176
(F)(1) A copy of any protection order, or consent 10,178
agreement, that is issued or approved under this section shall be 10,179
issued by the court to the petitioner, to the respondent, and to 10,180
all law enforcement agencies that have jurisdiction to enforce 10,181
the order or agreement. The court shall direct that a copy of an 10,182
order be delivered to the respondent on the same day that the 10,183
order is entered. 10,184
(2) All law enforcement agencies shall establish and 10,186
maintain an index for the protection orders and the approved 10,187
consent agreements delivered to the agencies pursuant to division 10,188
(F)(1) of this section. With respect to each order and consent 10,189
agreement delivered, each agency shall note on the index the date 10,191
and time that it received the order or consent agreement.
(3) Regardless of whether the petitioner has registered 10,193
the order or agreement in the county in which the officer's 10,194
agency has jurisdiction pursuant to division (N) of this section, 10,195
any officer of a law enforcement agency shall enforce a 10,197
protection order issued or consent agreement approved by any
court in this state in accordance with the provisions of the 10,199
order or agreement, including removing the respondent from the 10,200
premises, if appropriate.
(G) Any proceeding under this section shall be conducted 10,202
in accordance with the Rules of Civil Procedure, except that an 10,203
order under this section may be obtained with or without bond. 10,204
235
An order issued under this section, other than an ex parte order, 10,205
that grants a protection order or approves a consent agreement, 10,206
or that refuses to grant a protection order or approve a consent 10,207
agreement, is a final, appealable order. The remedies and 10,208
procedures provided in this section are in addition to, and not 10,210
in lieu of, any other available civil or criminal remedies. 10,211
(H) The filing of proceedings under this section does not 10,213
excuse a person from filing any report or giving any notice 10,214
required by section 2151.421 of the Revised Code or by any other 10,215
law. When a petition under this section alleges domestic 10,216
violence against minor children, the court shall report the fact, 10,217
or cause reports to be made, to a county, township, or municipal 10,218
peace officer under section 2151.421 of the Revised Code. 10,219
(I) Any law enforcement agency that investigates a 10,221
domestic dispute shall provide information to the family or 10,222
household members involved regarding the relief available under 10,223
this section and section 2919.26 of the Revised Code. 10,224
(J) Notwithstanding any provision of law to the contrary, 10,226
no court shall charge a fee for the filing of a petition pursuant 10,227
to this section. 10,228
(K)(1) Each order for support made or modified under this 10,230
section shall include as part of the order a general provision, 10,232
as described in division (A)(1) of section 3113.21 of the Revised 10,233
Code, requiring the withholding or deduction of income or assets 10,235
of the obligor under the order as described in division (D) of 10,237
section 3113.21 of the Revised Code or another type of 10,239
appropriate requirement as described in division (D)(3), (D)(4), 10,240
or (H) of that section, to ensure that withholding or deduction 10,243
from the income or assets of the obligor is available from the 10,244
commencement of the support order for collection of the support 10,245
and of any arrearages that occur; a statement requiring all 10,246
parties to the order to notify the child support enforcement 10,247
agency in writing of their current mailing address, current 10,248
residence address, current residence telephone number, current 10,249
236
driver's license number, and any changes to that information; and 10,250
a notice that the requirement to notify the agency of all changes 10,252
to that information continues until further notice from the 10,254
court. The court shall comply with sections 3113.21 to 3113.219 10,255
CHAPTERS 3119., 3121., 3123., AND 3125. of the Revised Code when 10,257
it makes or modifies an order for child support under this 10,258
section.
(2) If any person required to pay child support under an 10,260
order made under this section on or after April 15, 1985, or 10,261
modified under this section on or after December 31, 1986, is 10,262
found in contempt of court for failure to make support payments 10,263
under the order, the court that makes the finding, in addition to 10,264
any other penalty or remedy imposed, shall assess all court costs 10,265
arising out of the contempt proceeding against the person and 10,266
require the person to pay any reasonable attorney's fees of any 10,267
adverse party, as determined by the court, that arose in relation 10,268
to the act of contempt. 10,269
(2) Notwithstanding section 3109.01 of the Revised Code, 10,271
if a court issues a child support order under this section, the 10,272
order shall remain in effect beyond the child's eighteenth 10,273
birthday as long as the child continuously attends on a full-time 10,274
basis any recognized and accredited high school or the order 10,275
provides that the duty of support of the child continues beyond 10,276
the child's eighteenth birthday. Except in cases in which the 10,277
order provides that the duty of support continues for any period 10,278
after the child reaches nineteen years of age, the order shall 10,279
not remain in effect after the child reaches nineteen years of 10,280
age. Any parent ordered to pay support under a child support 10,281
order issued under this section shall continue to pay support 10,282
under the order, including during seasonal vacation periods, 10,283
until the order terminates. 10,284
(L)(1) A person who violates a protection order issued or 10,286
a consent agreement approved under this section is subject to the 10,287
following sanctions: 10,288
237
(a) Criminal prosecution for a violation of section 10,290
2919.27 of the Revised Code, if the violation of the protection 10,291
order or consent agreement constitutes a violation of that 10,292
section; 10,293
(b) Punishment for contempt of court. 10,295
(2) The punishment of a person for contempt of court for 10,297
violation of a protection order issued or a consent agreement 10,298
approved under this section does not bar criminal prosecution of 10,299
the person for a violation of section 2919.27 of the Revised 10,300
Code. However, a person punished for contempt of court is 10,301
entitled to credit for the punishment imposed upon conviction of 10,302
a violation of that section, and a person convicted of a 10,303
violation of that section shall not subsequently be punished for 10,304
contempt of court arising out of the same activity. 10,305
(M) In all stages of a proceeding under this section, a 10,307
petitioner may be accompanied by a victim advocate. 10,308
(N)(1) A petitioner who obtains a protection order or 10,310
consent agreement under this section or a temporary protection 10,311
order under section 2919.26 of the Revised Code may provide 10,312
notice of the issuance or approval of the order or agreement to 10,313
the judicial and law enforcement officials in any county other
than the county in which the order is issued or the agreement is 10,314
approved by registering that order or agreement in the other 10,315
county pursuant to division (N)(2) of this section and filing a 10,316
copy of the registered order or registered agreement with a law 10,317
enforcement agency in the other county in accordance with that 10,318
division. A person who obtains a protection order issued by a
court of another state may provide notice of the issuance of the 10,319
order to the judicial and law enforcement officials in any county 10,320
of this state by registering the order in that county pursuant to 10,321
section 2919.272 of the Revised Code and filing a copy of the 10,322
registered order with a law enforcement agency in that county. 10,323
(2) A petitioner may register a temporary protection 10,325
order, protection order, or consent agreement in a county other 10,326
238
than the county in which the court that issued the order or 10,327
approved the agreement is located in the following manner: 10,328
(a) The petitioner shall obtain a certified copy of the 10,330
order or agreement from the clerk of the court that issued the 10,331
order or approved the agreement and present that certified copy 10,332
to the clerk of the court of common pleas or the clerk of a 10,333
municipal court or county court in the county in which the order 10,334
or agreement is to be registered. 10,335
(b) Upon accepting the certified copy of the order or 10,337
agreement for registration, the clerk of the court of common 10,338
pleas, municipal court, or county court shall place an 10,339
endorsement of registration on the order or agreement and give 10,340
the petitioner a copy of the order or agreement that bears that 10,341
proof of registration. 10,342
(3) The clerk of each court of common pleas, the clerk of 10,344
each municipal court, and the clerk of each county court shall 10,345
maintain a registry of certified copies of temporary protection 10,346
orders, protection orders, or consent agreements that have been 10,347
issued or approved by courts in other counties and that have been 10,348
registered with the clerk. 10,349
(4) If a petitioner who obtains a protection order or 10,351
consent agreement under this section or a temporary protection 10,352
order under section 2919.26 of the Revised Code wishes to 10,353
register the order or agreement in any county other than the 10,354
county in which the order was issued or the agreement was
approved, pursuant to divisions (N)(1) to (3) of this section, 10,355
and if the petitioner is indigent, both of the following apply: 10,356
(a) If the petitioner submits to the clerk of the court 10,358
that issued the order or approved the agreement satisfactory 10,359
proof that the petitioner is indigent, the clerk may waive any 10,360
fee that otherwise would be required for providing the petitioner 10,361
with a certified copy of the order or agreement to be used for
purposes of divisions (N)(1) to (3) of this section; 10,362
(b) If the petitioner submits to the clerk of the court of 10,364
239
common pleas or the clerk of a municipal court or county court in 10,365
the county in which the order or agreement is to be registered 10,367
satisfactory proof that the petitioner is indigent, the clerk may 10,368
waive any fee that otherwise would be required for accepting for
registration a certified copy of the order or agreement, for 10,369
placing an endorsement of registration on the order or agreement, 10,370
or for giving the petitioner a copy of the order or agreement 10,371
that bears the proof of registration. 10,372
Sec. 3113.99. (A) For purposes of this section: 10,381
(1) "Child support order" means an order for support 10,383
issued or modified under Chapter 3115. or section 2151.23, 10,384
2151.231, 2151.232, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 10,386
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 10,387
Code.
(2) "Obligor" means a person who is required to pay 10,389
support under a child support order. 10,390
(B) Whoever violates section 3113.06 of the Revised Code 10,392
is guilty of a misdemeanor of the first degree. If the offender 10,393
previously has been convicted of or pleaded guilty to a violation 10,394
of section 3113.06 of the Revised Code or if the court finds that 10,395
the offender has failed to pay the cost of child maintenance 10,396
under section 3113.06 of the Revised Code for a total accumulated 10,397
period of twenty-six weeks out of one hundred four consecutive 10,398
weeks, whether or not the twenty-six weeks were consecutive, a
violation of section 3113.06 of the Revised Code is a felony of 10,399
the fifth degree. 10,400
(C) An obligor who violates division (D)(1)(c) of section 10,403
3113.21 of the Revised Code shall be fined not more than fifty 10,404
dollars for a first offense, not more than one hundred dollars 10,405
for a second offense, and not more than five hundred dollars for 10,406
each subsequent offense.
(D) An obligor who violates division (G)(2) of section 10,408
3113.21 of the Revised Code shall be fined not more than fifty 10,409
dollars for a first offense, not more than one hundred dollars 10,411
240
for a second offense, and not more than five hundred dollars for 10,412
each subsequent offense.
(E) A fine amount imposed pursuant to division (C) or (D) 10,415
of this section shall be paid to the division of child support in 10,416
the department of human services or, pursuant to division (H)(4) 10,418
of section 2301.35 of the Revised Code, the child support 10,420
enforcement agency. The amount of the fine that does not exceed 10,422
the amount of arrearage under the child support order shall be 10,423
disbursed in accordance with the child support order. The amount 10,424
of the fine that exceeds the amount of the arrearage order shall 10,425
be called program income and collected in accordance with section 10,427
5101.325 of the Revised Code.
Sec. 3115.01. As used in sections 3115.01 to 3115.59 of 10,436
the Revised Code:
(A) "Child" means an individual under the age of majority, 10,438
who is or is alleged to be owed a duty of support by the 10,439
individual's parent or who is or is alleged to be the beneficiary 10,440
of a support order directed to the parent. 10,441
(B) "Child support order" means an order for the support 10,443
of a child that provides for monetary support, whether current or 10,444
in arrears, health care, or reimbursements, and may include 10,445
related costs and fees, interest, income withholding 10,446
requirements, attorney fees, and other relief. "Child support 10,447
order" includes orders:
(1) AN ORDER under which the child has attained the age of 10,450
majority under the law of the issuing state and AMOUNTS FOR
CURRENT SUPPORT ARE REQUIRED TO BE PAID, OR arrearages are owed, 10,451
under the order; 10,452
(2) AN ORDER UNDER WHICH THE CHILD HAS ATTAINED THE AGE OF 10,454
MAJORITY UNDER THE LAWS OF THIS STATE BUT HAS NOT ATTAINED THE 10,455
AGE OF MAJORITY UNDER THE LAWS OF THE ISSUING STATE AND AMOUNTS 10,456
FOR CURRENT SUPPORT ARE REQUIRED TO BE PAID, OR ARREARAGES ARE 10,457
OWED, UNDER THE ORDER.
(C) "Duty of support" means an obligation imposed or that 10,459
241
may be imposed under law to provide support for a child, spouse, 10,460
or former spouse, including an unsatisfied obligation to provide 10,461
support.
(D) "Home state" means the state in which a child lived 10,463
with a parent or a person acting as a parent for at least six 10,464
consecutive months immediately preceding the time of filing of a 10,465
complaint or comparable pleading for support and, if a child is 10,466
less than six months old, the state in which the child lived from 10,467
birth with any of them. A period of temporary absence of any of 10,468
them is counted as part of the six-month or other period.
(E) "Income" includes earnings or other periodic 10,470
entitlements to money from any source and any other property 10,471
subject to withholding for support under the law of this state. 10,472
(F) "Income withholding order" means an order or other 10,474
legal process directed to an obligor's payor, as defined in 10,475
sections 3111.20 and 3113.21 of the Revised Code, to withhold 10,477
support from the income of the obligor. 10,478
(G) "Initiating state" means a state from which a 10,480
proceeding is forwarded or in which a proceeding is filed for 10,481
forwarding to a responding state under sections 3115.01 to 10,482
3115.59 of the Revised Code or a law or procedure substantially 10,484
similar to those sections, the uniform reciprocal enforcement of
support act, or the revised uniform reciprocal enforcement of 10,485
support act.
(H) "Initiating tribunal" means the authorized tribunal in 10,487
an initiating state. 10,488
(I) "Issuing state" means the state in which a tribunal 10,490
issues a support order or renders a judgment determining 10,491
parentage.
(J) "Issuing tribunal" means the tribunal that issues a 10,493
support order or renders a judgment determining the existence or 10,494
nonexistence of a parent and child relationship. 10,495
(K) "Law" includes decisional and statutory law and rules 10,497
and regulations having the force of law. 10,498
242
(L) "Obligee" means any of the following: 10,500
(1) An individual to whom a duty of support is or is 10,502
alleged to be owed or in whose favor a support order has been 10,503
issued or a judgment determining parentage has been rendered; 10,504
(2) A state or political subdivision to which the rights 10,506
under a duty of support or support order have been assigned or 10,507
which has independent claims based on financial assistance 10,508
provided to an individual obligee;
(3) An individual seeking a judgment determining parentage 10,510
of the individual's child. 10,511
(M) "Obligor" means an individual, or the estate of a 10,513
decedent to which any of the following applies: 10,514
(1) The individual or estate owes or is alleged to owe a 10,516
duty of support;
(2) The individual is alleged but has not been adjudicated 10,518
to be a parent of a child; 10,519
(3) The individual or estate is liable under a support 10,521
order.
(N) "PAYOR" HAS THE SAME MEANING AS IN SECTION 3121.01 OF 10,523
THE REVISED CODE. 10,524
(O) "Register" means to file a support order or judgment 10,526
determining the existence or nonexistence of a parent and child 10,527
relationship in a registering tribunal. 10,528
(O)(P) "Registering tribunal" means a tribunal in which a 10,530
support order is registered. 10,532
(P)(Q) "Responding state" means a state in which a 10,534
proceeding is filed or to which a proceeding is forwarded for 10,536
filing from an initiating state under sections 3115.01 to 3115.59 10,537
of the Revised Code or a law or procedure substantially similar 10,539
to those sections, the uniform reciprocal enforcement of support 10,540
act, or the revised uniform reciprocal enforcement of support
act.
(Q)(R) "Responding tribunal" means the authorized tribunal 10,542
in a responding state. 10,544
243
(R)(S) "Revised uniform reciprocal enforcement of support 10,546
act" means the act addressing interstate enforcement of support 10,548
orders adopted in 1968 by the national conference of 10,549
commissioners on uniform state laws or any law substantially 10,550
similar to the act adopted by another state. 10,551
(S)(T) "Spousal support order" means an order for the 10,553
support of a spouse or former spouse that provides for monetary 10,555
support, whether current or in arrears, health care, or 10,556
reimbursements, and may include related costs and fees, interest, 10,557
income withholding requirements, attorney fees, and other relief. 10,558
(T)(U) "State" has the same meaning as in section 1.59 of 10,560
the Revised Code, except that it also includes both of the 10,562
following:
(1) An Indian tribe; 10,564
(2) A foreign jurisdiction that has enacted a law or 10,566
established procedures for issuance and enforcement of support 10,567
orders that are substantially similar to the procedures under 10,568
sections 3115.01 to 3115.59 of the Revised Code, the uniform 10,569
reciprocal enforcement of support act, or the revised uniform 10,570
reciprocal enforcement of support act.
(U)(V) "Support enforcement agency" means a public 10,572
official or agency authorized to do any of the following: 10,574
(1) Seek enforcement of support orders or laws relating to 10,576
the duty of support; 10,577
(2) Seek establishment or modification of child support; 10,579
(3) Seek determination of the existence or nonexistence of 10,581
a parent and child relationship; 10,582
(4) Locate obligors or their assets. 10,584
(V)(W) "Support order" means a spousal support order or 10,586
child support order. 10,587
(W)(X) "Tribunal" means any OF THE FOLLOWING: 10,589
(1) ANY trial court of record of this state and when; 10,593
(2) WHEN THE CONTEXT REQUIRES, ANY SUPPORT ENFORCEMENT 10,595
AGENCY OF THIS STATE; 10,596
244
(3) WHEN the context requires, a court, administrative 10,598
agency, or quasi-judicial entity of any other state authorized to 10,600
establish, enforce, or modify support orders or to determine 10,601
parentage.
(X)(Y) "Uniform reciprocal enforcement of support act" 10,603
means the act addressing interstate enforcement of support orders 10,605
adopted in 1950 and amended in 1952 and 1958 by the national 10,606
conference of commissioners on uniform state laws or any law 10,608
substantially similar to the act adopted by another state.
Sec. 3115.14. Except as otherwise provided by sections 10,617
3115.01 to 3115.59 of the Revised Code, a responding tribunal of 10,619
this state shall apply the procedural and substantive law, 10,620
including the rules on choice of law, generally applicable to 10,621
similar proceedings originating in this state and may exercise 10,622
all powers and provide all remedies available in those 10,623
proceedings and shall determine the duty of support and the 10,625
amount of support payable in accordance with sections 3113.21 to 10,626
3113.219 and sections 3115.01 to 3115.59 AND CHAPTERS 3119., 10,627
3121., 3123., AND 3125. of the Revised Code. 10,629
Sec. 3115.16. (A) When a responding tribunal of this 10,638
state receives a complaint or comparable pleading from an 10,640
initiating tribunal or directly pursuant to section 3115.12 of 10,641
the Revised Code, it shall cause the complaint or pleading to be 10,642
filed and notify the plaintiff where and when it was filed. 10,643
(B) A responding tribunal of this state, to the extent 10,645
otherwise authorized by law, may do one or more of the following 10,647
consistent with applicable sections of Chapters 3105., 3109., 10,648
3111., and 3113., 3119., 3121., 3123., AND 3125. of the Revised 10,650
Code:
(1) Issue or enforce a support order, modify a child 10,652
support order, or determine the existence or nonexistence of a 10,653
parent and child relationship; 10,654
(2) Order an obligor to comply with a support order, 10,656
specifying the amount and the manner of compliance; 10,657
245
(3) Order income withholding; 10,659
(4) Determine the amount of any arrearages, and specify a 10,661
method of payment; 10,662
(5) Enforce orders by civil or criminal contempt, or both; 10,664
(6) Set aside property for satisfaction of the support 10,666
order; 10,667
(7) Place liens and order execution on the obligor's 10,669
property; 10,670
(8) Order an obligor to keep the tribunal informed of the 10,672
obligor's current residential address, telephone number, 10,673
employer, address of employment, and telephone number at the 10,674
place of employment; 10,675
(9) Issue a bench warrant for an obligor who has failed 10,678
after proper notice to appear at a hearing ordered by the
tribunal and enter the bench warrant in any local and state 10,680
computer systems for criminal warrants;
(10) Order the obligor to seek appropriate employment by 10,682
specified methods; 10,683
(11) Award reasonable attorney's fees and other fees and 10,685
costs; 10,686
(12) Grant any other available remedy. 10,688
(C) A responding tribunal of this state shall include in a 10,690
support order issued under sections 3115.01 to 3115.59 of the 10,692
Revised Code, or in the documents accompanying the order, the 10,694
calculations on which the support order is based. 10,695
(D) A responding tribunal of this state may not condition 10,697
the payment of a support order issued under sections 3115.01 to 10,698
3115.59 of the Revised Code upon compliance by a party with 10,701
provisions for PARENTING TIME OR visitation.
(E) If a responding tribunal of this state issues an order 10,703
under sections 3115.01 to 3115.59 of the Revised Code, the 10,705
tribunal shall send a copy of the order to the plaintiff and the 10,707
defendant and to the initiating tribunal, if any. 10,708
Sec. 3115.31. (A) If a support order entitled to 10,717
246
recognition under sections 3115.01 to 3115.59 of the Revised Code 10,719
has not been issued, a responding tribunal of this state may 10,722
issue a support order if either of the following apply:
(1) The individual seeking the order resides in another 10,724
state; 10,725
(2) The support enforcement agency seeking the order is 10,727
located in another state. 10,728
(B) The tribunal may issue a temporary child support order 10,730
if any of the following apply: 10,731
(1) The defendant has signed a verified statement 10,733
acknowledging that the defendant is the parent of the child; 10,734
(2) The defendant has been determined by or pursuant to 10,736
law to be the parent; 10,737
(3) There is other clear and convincing evidence that the 10,739
defendant is the child's parent. 10,740
(C)(1) If the responding tribunal finds, after giving 10,742
notice and an opportunity to be heard to the obligor, that the 10,743
obligor owes a duty of support, it shall issue a support order 10,744
directed to the obligor and may issue any other order under 10,746
section 3115.16 of the Revised Code. Support orders made 10,747
pursuant to sections 3115.01 to 3115.59 of the Revised Code shall 10,749
require that payments be made to the division OFFICE of child 10,750
support in the department of human services. 10,752
(2) The responding tribunal shall transmit to the 10,754
initiating tribunal a copy of all orders of support or for 10,755
reimbursement of support. 10,756
(3) Each order for support made or modified under section 10,759
3115.16 of the Revised Code, this section, and under former 10,760
section 3115.22 of the Revised Code on or after December 31, 10,762
1993, shall include as part of the order a general provision, as 10,764
described in division (A)(1) of section 3113.21 of the Revised 10,765
Code, requiring the withholding or deduction of income or assets 10,767
of the obligor under the order as described in division (D) of 10,768
section 3113.21 of the Revised Code or another type of 10,771
247
appropriate requirement as described in division (D)(3), (D)(4), 10,772
or (H) of that section, to ensure that withholding or deduction 10,775
from the income or assets of the obligor is available from the 10,776
commencement of the support order for collection of the support 10,777
and of any arrearages that occur; a statement requiring all 10,778
parties to the order to notify the support enforcement agency in 10,779
writing of their current mailing address, current residence 10,780
address, current residence telephone number, current driver's 10,781
license number, and any changes to that information; and a notice 10,782
that the requirement to notify the agency of all changes to that 10,784
information continues until further notice from the tribunal. 10,785
Any tribunal that makes or modifies an order for support under 10,787
this section or former section 3115.22 of the Revised Code on or 10,788
after April 12, 1990, shall comply with sections 3113.21 to 10,790
3113.219 CHAPTERS 3119., 3121., 3123., AND 3125. of the Revised 10,791
Code. If any person required to pay child support under an order 10,793
made under this section or former section 3115.22 of the Revised 10,795
Code on or after April 15, 1985, or any person required to pay 10,797
support under an order made or modified under this section or 10,798
former section 3115.22 of the Revised Code on or after December 10,799
31, 1986, is found in contempt of court for failure to make 10,801
support payments under the order, the tribunal that makes the 10,802
finding, in addition to any other penalty or remedy imposed, 10,803
shall assess all court costs arising out of the contempt 10,804
proceeding against the person and require the person to pay any 10,805
reasonable attorney's fees of any adverse party, as determined by 10,806
the tribunal, that arose in relation to the act of contempt. 10,807
Sec. 3115.32. An income withholding order issued in 10,816
another state may be sent to the individual or entity defined as 10,817
the obligor's payor under sections 3111.20 and 3113.21 of the 10,820
Revised Code without first filing a complaint or comparable 10,822
pleading or registering the order with a tribunal of this state. 10,823
Sec. 3115.33. (A) Upon receipt of an income withholding 10,832
order, the obligor's employer PAYOR shall immediately provide a 10,834
248
copy of the order to the obligor. 10,836
(B) The employer PAYOR shall treat an income withholding 10,838
order issued in another state which appears regular on its face 10,839
as if it had been issued by a tribunal of this state. 10,840
(C) Except as otherwise provided in division (D) of this 10,842
section and section 3115.34 of the Revised Code, the employer 10,844
PAYOR shall withhold and distribute the funds as directed in the 10,846
withholding order by complying with terms of the order that 10,847
specify:
(1) The duration and amount of periodic payments of 10,849
support, stated as a sum certain; 10,850
(2) The person or agency designated to receive payments 10,852
and the address to which the payments are to be forwarded; 10,853
(3) Medical support, whether in the form of periodic cash 10,855
payment, stated as a sum certain, or ordering the obligor to 10,856
provide health insurance coverage under a policy available 10,858
through the obligor's employment PAYOR;
(4) The amount of periodic payments of fees and costs for 10,860
a support enforcement agency, the issuing tribunal, and the 10,861
obligee's attorney, stated as a sum certain; 10,862
(5) The amount of periodic payments of arrearages and 10,864
interest on arrearages, stated as a sum certain. 10,865
(D) An employer A PAYOR shall comply with the law of the 10,867
state of the obligor's principal place of employment, IF THE 10,869
PAYOR IS THE OBLIGOR'S EMPLOYER, OR THE PAYOR'S PRINCIPAL PLACE 10,870
OF BUSINESS, IN ALL OTHER CASES, for withholding from income with 10,872
respect to all of the following:
(1) The employer's PAYOR'S fee for processing an income 10,874
withholding order; 10,876
(2) The maximum amount permitted to be withheld from the 10,878
obligor's income; 10,879
(3) The times within which the employer PAYOR must 10,881
implement the withholding order and forward the support payment. 10,883
Sec. 3115.34. If an obligor's employer PAYOR receives 10,892
249
multiple income withholding orders with respect to the earnings 10,894
of the same obligor, the employer PAYOR satisfies the terms of 10,895
the multiple orders if the employer PAYOR complies with the law 10,896
of the state of the obligor's principal place of employment, IF 10,898
THE PAYOR IS THE OBLIGOR'S EMPLOYER, OR THE PAYOR'S PRINCIPAL 10,899
PLACE OF BUSINESS, IN ALL OTHER CASES, to establish the 10,900
priorities for withholding and allocating income withheld for 10,901
multiple support obligees. 10,902
Sec. 3115.35. An employer A PAYOR who complies with an 10,911
income withholding order issued in another state in accordance 10,913
with sections 3115.32 to 3115.37 of the Revised Code is not 10,915
subject to civil liability to an individual or agency with regard 10,916
to the employer's PAYOR'S withholding of support from the
obligor's income pursuant to the support order. 10,917
Sec. 3115.36. An employer A PAYOR who willfully fails to 10,926
comply with an income withholding order issued by another state 10,928
and received for enforcement is subject to the same penalties 10,929
that may be imposed for noncompliance with an order issued by a 10,930
tribunal of this state. 10,931
Sec. 3115.37. (A) If a person designated as an obligor 10,940
under an income withholding order issued in another state and 10,941
received directly by an employer A PAYOR in this state believes 10,943
that the person is not subject to a support order or does not 10,945
have a duty of support under any order issued by any tribunal 10,946
pursuant to which the income withholding order was issued, the
person may CONTACT THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT 10,948
OF HUMAN SERVICES AND REQUEST THAT THE OFFICE INVESTIGATE WHETHER 10,949
THE PERSON IS SUBJECT TO SUCH A SUPPORT ORDER OR HAS SUCH A DUTY 10,950
OF SUPPORT. NOT LATER THAN FIFTEEN DAYS AFTER THE DATE THE 10,951
REQUEST IS MADE, THE OFFICE SHALL CONDUCT THE INVESTIGATION AND 10,953
NOTIFY THE PERSON OF ITS DETERMINATION. IF THE OFFICE DETERMINES 10,954
THAT THE PERSON IS SUBJECT TO A SUPPORT ORDER OR DOES HAVE A DUTY 10,955
OF SUPPORT UNDER ANY ORDER ISSUED BY ANY TRIBUNAL PURSUANT TO 10,956
WHICH THE INCOME WITHHOLDING ORDER WAS ISSUED, THE PERSON MAY 10,957
250
contest the validity or enforcement of the income withholding 10,959
order by filing an action for declaratory judgment pursuant to 10,960
Chapter 2721. of the Revised Code in the court of common pleas in 10,962
the county in which is located the employer's PAYOR'S principal 10,963
place of business requesting that the court determine whether the 10,964
person is the obligor subject to a support order or has a duty of 10,965
support under a support order pursuant to which the income 10,966
withholding order was issued.
(B) The obligor shall give notice of the action initiated 10,968
pursuant to Chapter 2721. of the Revised Code to all of the 10,969
following:
(1) A support enforcement agency providing services to the 10,971
obligee; 10,972
(2) Each employer PAYOR that has directly received an 10,974
income withholding order; 10,975
(3) The person or agency designated to receive payments in 10,977
the income withholding order or, if no person or agency is 10,978
designated, the obligee. 10,979
(C) Notwithstanding sections 3115.32 to 3115.36 of the 10,981
Revised Code, if the OFFICE DETERMINES, OR THE court issues an 10,982
order determining, that the person is not an obligor subject to a 10,984
support order or does not have a duty of support under a support
order pursuant to which the income withholding order was issued, 10,985
the employer PAYOR shall not enforce the income withholding order 10,987
against the person.
Sec. 3115.42. (A) When a support order or income 10,996
withholding order issued in another state is registered, 10,998
immediately on registration the registering tribunal shall send 11,000
notice to the nonregistering party of the registration. The
notice must be accompanied by a copy of the registered order and 11,002
the documents and relevant information described in division (A) 11,003
of section 3115.39 of the Revised Code.
(B) The notice must inform the nonregistering party of all 11,005
of the following: 11,006
251
(1) That a registered order that is confirmed pursuant to 11,008
section 3115.43 or 3115.44 of the Revised Code is enforceable as 11,009
of the date of registration in the same manner as an order issued 11,010
by a tribunal of this state; 11,011
(2) That a hearing to contest the validity or enforcement 11,013
of the registered order must be requested pursuant to section 11,014
3115.43 of the Revised Code no later than twenty days after the 11,016
date of mailing or personal service of the notice;
(3) That failure to contest the validity or enforcement of 11,018
the registered order in a timely manner will result in 11,019
confirmation of the order and enforcement of the order and the 11,020
alleged arrearages and precludes further contest of that order 11,021
with respect to any matter that could have been asserted; 11,022
(4) The amount of any alleged arrearages under the support 11,024
order.
(C) On registration of an income withholding order for 11,026
enforcement, the registering tribunal shall issue a withholding 11,027
notice to the obligor's employer pursuant to sections 3113.21 to 11,029
3113.219 CHAPTER 3121. of the Revised Code. 11,030
Sec. 3115.49. A tribunal OR SUPPORT ENFORCEMENT AGENCY of 11,039
this state shall recognize a modification of its earlier child 11,041
support order by a tribunal of another state that assumed 11,042
jurisdiction pursuant to a law adopted by the other state that is
substantially similar to sections 3115.01 to 3115.59 of the 11,043
Revised Code and, upon request, except as otherwise provided in 11,046
sections 3115.01 to 3115.59 of the Revised Code, shall do all of 11,047
the following, AS APPROPRIATE: 11,048
(A) Enforce collection of support amounts accruing before 11,051
the modification of the order;
(B) Enforce only nonmodifiable aspects of that order; 11,053
(C) Provide other appropriate relief only for violations 11,055
of that order that occurred before the effective date of the 11,056
modification; 11,057
(D) Recognize the modifying order of the other state, upon 11,059
252
registration, for the purpose of enforcement. 11,060
Sec. 3115.52. (A) A tribunal OR SUPPORT ENFORCEMENT 11,069
AGENCY of this state may serve as an initiating or responding 11,072
tribunal in a proceeding brought under sections 3115.01 to
3115.59 of the Revised Code or a law or procedure substantially 11,074
similar to those sections, the uniform reciprocal enforcement of 11,075
support act, or the revised uniform reciprocal enforcement of 11,076
support act to determine the existence or nonexistence of a 11,077
parent and child relationship with respect to the parties. 11,078
(B) In a proceeding pursuant to division (A) of this 11,080
section, a responding tribunal of this state shall comply with 11,082
sections 3111.01 to 3111.19 CHAPTER 3111. of the Revised Code and 11,084
the rules of this state on choice of law. 11,086
Sec. 3115.56. (A) If this state is the responding state, 11,096
a complaint seeking enforcement, collection, or modification of 11,097
an existing support order originally issued in this state shall 11,098
be filed with the tribunal or child support enforcement agency 11,099
that issued the original order.
(B) An original action under this chapter shall be filed 11,102
with the appropriate tribunal of the county pursuant to sections 11,103
2151.23 and 2301.03 of the Revised Code in which the respondent 11,104
resides or is found. 11,105
(C) If an obligor contesting the direct withholding of 11,107
income under section 3115.37 of the Revised Code is not a 11,109
resident of this state, the complaint shall be filed with the 11,110
appropriate tribunal located in either of the following: 11,111
(1) The county in which the obligor's employer is located, 11,114
if the order attaches to the income of the obligor paid by the 11,115
employer;
(2) The county in which an account is located in a 11,117
financial institution, if the income withholding order attaches 11,118
the funds in that account. 11,119
If venue cannot be determined under division (C)(1) or (2) 11,122
of this section, the nonresident obligor shall file the complaint 11,123
253
with a tribunal located in a county of this state that borders 11,124
the obligor's county of residence or in Franklin county. 11,126
Sec. 3119.01. (A) AS USED IN THE REVISED CODE, "CHILD 11,130
SUPPORT ENFORCEMENT AGENCY" MEANS A CHILD SUPPORT ENFORCEMENT 11,131
AGENCY DESIGNATED UNDER FORMER SECTION 3125.10 OF THE REVISED 11,132
CODE OR A PRIVATE OR GOVERNMENT ENTITY DESIGNATED AS A CHILD 11,134
SUPPORT ENFORCEMENT AGENCY UNDER SECTION 307.981 OF THE REVISED 11,137
CODE.
(B) AS USED IN THIS CHAPTER AND CHAPTERS 3121., 3123., AND 11,140
3125. OF THE REVISED CODE:
(1) "ADMINISTRATIVE CHILD SUPPORT ORDER" MEANS ANY ORDER 11,142
ISSUED BY A CHILD SUPPORT ENFORCEMENT AGENCY FOR THE SUPPORT OF A 11,144
CHILD PURSUANT TO SECTION 3109.19 OR 3111.81 OF THE REVISED CODE 11,146
OR FORMER SECTION 3111.211 OF THE REVISED CODE, SECTION 3111.21 11,147
OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR TO JANUARY 1, 11,148
1998, OR SECTION 3111.20 OR 3111.22 OF THE REVISED CODE AS THOSE 11,149
SECTIONS EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT. 11,150
(2) "CHILD SUPPORT ORDER" MEANS EITHER A COURT CHILD 11,152
SUPPORT ORDER OR AN ADMINISTRATIVE CHILD SUPPORT ORDER. 11,153
(3) "OBLIGEE" MEANS THE PERSON WHO IS ENTITLED TO RECEIVE 11,155
THE SUPPORT PAYMENTS UNDER A SUPPORT ORDER. 11,156
(4) "OBLIGOR" MEANS THE PERSON WHO IS REQUIRED TO PAY 11,158
SUPPORT UNDER A SUPPORT ORDER. 11,159
(C) AS USED IN THIS CHAPTER: 11,161
(1) "COMBINED GROSS INCOME" MEANS THE COMBINED GROSS 11,163
INCOME OF BOTH PARENTS. 11,164
(2) "COURT CHILD SUPPORT ORDER" MEANS ANY ORDER ISSUED BY 11,166
A COURT FOR THE SUPPORT OF A CHILD PURSUANT TO CHAPTER 3115. OF 11,168
THE REVISED CODE, SECTION 2151.23, 2151.231, 2151.232, 2151.33, 11,169
2151.36, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 11,170
3113.07, 3113.31, 3119.65, 3119.70, OR 3123.07 OF THE REVISED 11,172
CODE, OR DIVISION (B) OF FORMER SECTION 3113.21 OF THE REVISED 11,173
CODE.
(3) "COURT SUPPORT ORDER" MEANS EITHER A COURT CHILD 11,175
254
SUPPORT ORDER OR AN ORDER FOR THE SUPPORT OF A SPOUSE ISSUED 11,176
PURSUANT TO CHAPTER 3115. OF THE REVISED CODE, SECTION 3105.18, 11,178
3113.31, OR 3123.07 OF THE REVISED CODE, OR DIVISION (B) OF 11,180
FORMER SECTION 3113.21 OF THE REVISED CODE. 11,181
(4) "EXTRAORDINARY MEDICAL EXPENSES" MEANS ANY UNINSURED 11,183
MEDICAL EXPENSES INCURRED FOR A CHILD DURING A CALENDAR YEAR THAT 11,185
EXCEED ONE HUNDRED DOLLARS.
(5) "INCOME" MEANS EITHER OF THE FOLLOWING: 11,187
(a) FOR A PARENT WHO IS EMPLOYED TO FULL CAPACITY, THE 11,189
GROSS INCOME OF THE PARENT; 11,190
(b) FOR A PARENT WHO IS UNEMPLOYED OR UNDEREMPLOYED, THE 11,192
SUM OF THE GROSS INCOME OF THE PARENT AND ANY POTENTIAL INCOME OF 11,194
THE PARENT.
(6) "INSURER" MEANS ANY PERSON AUTHORIZED UNDER TITLE 11,197
XXXIX OF THE REVISED CODE TO ENGAGE IN THE BUSINESS OF INSURANCE 11,198
IN THIS STATE, ANY HEALTH INSURING CORPORATION, AND ANY LEGAL 11,200
ENTITY THAT IS SELF-INSURED AND PROVIDES BENEFITS TO ITS 11,201
EMPLOYEES OR MEMBERS.
(7) "GROSS INCOME" MEANS, EXCEPT AS EXCLUDED IN DIVISION 11,204
(C)(7) OF THIS SECTION, THE TOTAL OF ALL EARNED AND UNEARNED
INCOME FROM ALL SOURCES DURING A CALENDAR YEAR, WHETHER OR NOT 11,206
THE INCOME IS TAXABLE, AND INCLUDES INCOME FROM SALARIES, WAGES, 11,208
OVERTIME PAY, AND BONUSES TO THE EXTENT DESCRIBED IN DIVISION (D) 11,209
OF SECTION 3119.05 OF THE REVISED CODE; COMMISSIONS; ROYALTIES; 11,210
TIPS; RENTS; DIVIDENDS; SEVERANCE PAY; PENSIONS; INTEREST; TRUST
INCOME; ANNUITIES; SOCIAL SECURITY BENEFITS, INCLUDING 11,211
RETIREMENT, DISABILITY, AND SURVIVOR BENEFITS THAT ARE NOT 11,212
MEANS-TESTED; WORKERS' COMPENSATION BENEFITS; UNEMPLOYMENT 11,213
INSURANCE BENEFITS; DISABILITY INSURANCE BENEFITS; BENEFITS THAT 11,214
ARE NOT MEANS-TESTED AND THAT ARE RECEIVED BY AND IN THE 11,215
POSSESSION OF THE VETERAN WHO IS THE BENEFICIARY FOR ANY 11,216
SERVICE-CONNECTED DISABILITY UNDER A PROGRAM OR LAW ADMINISTERED 11,217
BY THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS OR VETERANS' 11,219
ADMINISTRATION; SPOUSAL SUPPORT ACTUALLY RECEIVED; AND ALL OTHER 11,220
255
SOURCES OF INCOME. "GROSS INCOME" INCLUDES INCOME OF MEMBERS OF 11,221
ANY BRANCH OF THE UNITED STATES ARMED SERVICES OR NATIONAL GUARD, 11,222
INCLUDING, AMOUNTS REPRESENTING BASE PAY, BASIC ALLOWANCE FOR 11,223
QUARTERS, BASIC ALLOWANCE FOR SUBSISTENCE, SUPPLEMENTAL 11,224
SUBSISTENCE ALLOWANCE, COST OF LIVING ADJUSTMENT, SPECIALTY PAY, 11,225
VARIABLE HOUSING ALLOWANCE, AND PAY FOR TRAINING OR OTHER TYPES 11,226
OF REQUIRED DRILLS; SELF-GENERATED INCOME; AND POTENTIAL CASH 11,227
FLOW FROM ANY SOURCE. 11,228
"GROSS INCOME" DOES NOT INCLUDE ANY OF THE FOLLOWING: 11,230
(a) BENEFITS RECEIVED FROM MEANS-TESTED GOVERNMENT 11,233
ADMINISTERED PROGRAMS, INCLUDING OHIO WORKS FIRST; PREVENTION, 11,234
RETENTION, AND CONTINGENCY; MEANS-TESTED VETERANS' BENEFITS; 11,235
SUPPLEMENTAL SECURITY INCOME; FOOD STAMPS; DISABILITY ASSISTANCE; 11,236
OR OTHER ASSISTANCE FOR WHICH ELIGIBILITY IS DETERMINED ON THE
BASIS OF INCOME OR ASSETS; 11,237
(b) BENEFITS FOR ANY SERVICE-CONNECTED DISABILITY UNDER A 11,240
PROGRAM OR LAW ADMINISTERED BY THE UNITED STATES DEPARTMENT OF 11,241
VETERANS' AFFAIRS OR VETERANS' ADMINISTRATION THAT ARE NOT 11,243
MEANS-TESTED, THAT HAVE NOT BEEN DISTRIBUTED TO THE VETERAN WHO 11,244
IS THE BENEFICIARY OF THE BENEFITS, AND THAT ARE IN THE 11,245
POSSESSION OF THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS 11,247
OR VETERANS' ADMINISTRATION;
(c) CHILD SUPPORT RECEIVED FOR CHILDREN WHO WERE NOT BORN 11,250
OR ADOPTED DURING THE MARRIAGE AT ISSUE; 11,251
(d) AMOUNTS PAID FOR MANDATORY DEDUCTIONS FROM WAGES OTHER 11,254
THAN TAXES, SOCIAL SECURITY, OR RETIREMENT IN LIEU OF SOCIAL 11,255
SECURITY, INCLUDING UNION DUES; 11,256
(e) NONRECURRING OR UNSUSTAINABLE INCOME OR CASH FLOW 11,259
ITEMS;
(f) ADOPTION ASSISTANCE AND FOSTER CARE MAINTENANCE 11,261
PAYMENTS MADE PURSUANT TO TITLE IV-E OF THE "SOCIAL SECURITY 11,263
ACT," 94 STAT. 501, 42 U.S.C.A. 670 (1980), AS AMENDED. 11,264
(8) "NONRECURRING OR UNSUSTAINABLE INCOME OR CASH FLOW 11,266
ITEM" MEANS AN INCOME OR CASH FLOW ITEM THE PARENT RECEIVES IN 11,268
256
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 11,269
REGULAR BASIS. "NONRECURRING OR UNSUSTAINABLE INCOME OR CASH 11,270
FLOW ITEM" DOES NOT INCLUDE A LOTTERY PRIZE AWARD THAT IS NOT 11,271
PAID IN A LUMP SUM OR ANY OTHER ITEM OF INCOME OR CASH FLOW THAT 11,272
THE PARENT RECEIVES OR EXPECTS TO RECEIVE FOR EACH YEAR FOR A 11,273
PERIOD OF MORE THAN THREE YEARS OR THAT THE PARENT RECEIVES AND 11,274
INVESTS OR OTHERWISE USES TO PRODUCE INCOME OR CASH FLOW FOR A 11,276
PERIOD OF MORE THAN THREE YEARS.
(9)(a) "ORDINARY AND NECESSARY EXPENSES INCURRED IN 11,278
GENERATING GROSS RECEIPTS" MEANS ACTUAL CASH ITEMS EXPENDED BY 11,279
THE PARENT OR THE PARENT'S BUSINESS AND INCLUDES DEPRECIATION 11,281
EXPENSES OF BUSINESS EQUIPMENT AS SHOWN ON THE BOOKS OF A 11,282
BUSINESS ENTITY. 11,283
(b) EXCEPT AS SPECIFICALLY INCLUDED IN "ORDINARY AND 11,285
NECESSARY EXPENSES INCURRED IN GENERATING GROSS RECEIPTS" BY 11,286
DIVISION (C)(9)(a) OF THIS SECTION, "ORDINARY AND NECESSARY 11,288
EXPENSES INCURRED IN GENERATING GROSS RECEIPTS" DOES NOT INCLUDE 11,289
DEPRECIATION EXPENSES AND OTHER NONCASH ITEMS THAT ARE ALLOWED AS 11,290
DEDUCTIONS ON ANY FEDERAL TAX RETURN OF THE PARENT OR THE 11,291
PARENT'S BUSINESS. 11,292
(10) "PERSONAL EARNINGS" MEANS COMPENSATION PAID OR 11,294
PAYABLE FOR PERSONAL SERVICES, HOWEVER DENOMINATED, AND INCLUDES 11,296
WAGES, SALARY, COMMISSIONS, BONUSES, DRAWS AGAINST COMMISSIONS, 11,297
PROFIT SHARING, VACATION PAY, OR ANY OTHER COMPENSATION. 11,298
(11) "POTENTIAL INCOME" MEANS BOTH OF THE FOLLOWING FOR A 11,300
PARENT WHO THE COURT PURSUANT TO A COURT SUPPORT ORDER, OR A 11,301
CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT TO AN ADMINISTRATIVE 11,302
CHILD SUPPORT ORDER, DETERMINES IS VOLUNTARILY UNEMPLOYED OR 11,303
VOLUNTARILY UNDEREMPLOYED: 11,304
(a) IMPUTED INCOME THAT THE COURT OR AGENCY DETERMINES THE 11,306
PARENT WOULD HAVE EARNED IF FULLY EMPLOYED AS DETERMINED FROM THE 11,307
FOLLOWING CRITERIA: 11,308
(i) THE PARENT'S PRIOR EMPLOYMENT EXPERIENCE; 11,310
257
(ii) THE PARENT'S EDUCATION; 11,312
(iii) THE PARENT'S PHYSICAL AND MENTAL DISABILITIES, IF 11,314
ANY;
(iv) THE AVAILABILITY OF EMPLOYMENT IN THE GEOGRAPHIC AREA 11,316
IN WHICH THE PARENT RESIDES; 11,317
(v) THE PREVAILING WAGE AND SALARY LEVELS IN THE 11,319
GEOGRAPHIC AREA IN WHICH THE PARENT RESIDES; 11,320
(vi) THE PARENT'S SPECIAL SKILLS AND TRAINING; 11,322
(vii) WHETHER THERE IS EVIDENCE THAT THE PARENT HAS THE 11,324
ABILITY TO EARN THE IMPUTED INCOME; 11,325
(viii) THE AGE AND SPECIAL NEEDS OF THE CHILD FOR WHOM 11,327
CHILD SUPPORT IS BEING CALCULATED UNDER THIS SECTION; 11,328
(ix) THE PARENT'S INCREASED EARNING CAPACITY BECAUSE OF 11,330
AGE OR EXPERIENCE; 11,331
(x) REASONABLE CHILD CARE COSTS FOR THE CHILD FOR WHICH 11,333
CHILD SUPPORT IS BEING CALCULATED UNDER THIS SECTION; 11,334
(xi) ANY OTHER RELEVANT FACTOR. 11,336
(b) IMPUTED INCOME FROM ANY NONINCOME-PRODUCING ASSETS OF 11,338
A PARENT, AS DETERMINED FROM THE LOCAL PASSBOOK SAVINGS RATE OR 11,339
ANOTHER APPROPRIATE RATE AS DETERMINED BY THE COURT OR AGENCY, 11,340
NOT TO EXCEED THE RATE OF INTEREST SPECIFIED IN DIVISION (A) OF 11,341
SECTION 1343.03 OF THE REVISED CODE, IF THE INCOME IS 11,342
SIGNIFICANT.
(12) "SCHEDULE" MEANS THE BASIC CHILD SUPPORT SCHEDULE SET 11,344
FORTH IN SECTION 3119.021 OF THE REVISED CODE. 11,345
(13) "SELF-GENERATED INCOME" MEANS GROSS RECEIPTS RECEIVED 11,347
BY A PARENT FROM SELF-EMPLOYMENT, PROPRIETORSHIP OF A BUSINESS, 11,348
JOINT OWNERSHIP OF A PARTNERSHIP OR CLOSELY HELD CORPORATION, AND 11,349
RENTS MINUS ORDINARY AND NECESSARY EXPENSES INCURRED BY THE 11,350
PARENT IN GENERATING THE GROSS RECEIPTS. "SELF-GENERATED INCOME" 11,351
INCLUDES EXPENSE REIMBURSEMENTS OR IN-KIND PAYMENTS RECEIVED BY A 11,352
PARENT FROM SELF-EMPLOYMENT, THE OPERATION OF A BUSINESS, OR 11,353
RENTS, INCLUDING COMPANY CARS, FREE HOUSING, REIMBURSED MEALS, 11,355
AND OTHER BENEFITS, IF THE REIMBURSEMENTS ARE SIGNIFICANT AND 11,356
258
REDUCE PERSONAL LIVING EXPENSES.
(14) "SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES" MEANS A 11,358
SITUATION IN WHICH THERE IS MORE THAN ONE CHILD WHO IS THE 11,359
SUBJECT OF AN ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES 11,360
AND EACH PARENT IS THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF 11,361
AT LEAST ONE OF THOSE CHILDREN. 11,362
(15) "WORKSHEET" MEANS THE APPLICABLE WORKSHEET THAT IS 11,364
USED TO CALCULATE A PARENT'S CHILD SUPPORT OBLIGATION AS SET 11,366
FORTH IN SECTIONS 3119.022 AND 3119.023 OF THE REVISED CODE.
Sec. 3119.02. IN ANY ACTION IN WHICH A COURT CHILD SUPPORT 11,368
ORDER IS ISSUED OR MODIFIED, IN ANY OTHER PROCEEDING IN WHICH THE 11,370
COURT DETERMINES THE AMOUNT OF CHILD SUPPORT THAT WILL BE ORDERED 11,371
TO BE PAID PURSUANT TO A CHILD SUPPORT ORDER, OR WHEN A CHILD 11,372
SUPPORT ENFORCEMENT AGENCY DETERMINES THE AMOUNT OF CHILD SUPPORT 11,373
THAT WILL BE PAID PURSUANT TO AN ADMINISTRATIVE CHILD SUPPORT 11,374
ORDER, THE COURT OR AGENCY SHALL CALCULATE THE AMOUNT OF THE 11,375
OBLIGOR'S CHILD SUPPORT OBLIGATION IN ACCORDANCE WITH THE BASIC 11,376
CHILD SUPPORT SCHEDULE, THE APPLICABLE WORKSHEET, AND THE OTHER 11,377
PROVISIONS OF SECTIONS 3119.02 TO 3119.24 OF THE REVISED CODE. 11,378
THE COURT OR AGENCY SHALL SPECIFY THE SUPPORT OBLIGATION AS A 11,379
MONTHLY AMOUNT DUE AND SHALL ORDER THE SUPPORT OBLIGATION TO BE 11,380
PAID IN PERIODIC INCREMENTS AS IT DETERMINES TO BE IN THE BEST 11,381
INTEREST OF THE CHILDREN. IN PERFORMING ITS DUTIES UNDER THIS 11,382
SECTION, THE COURT OR AGENCY IS NOT REQUIRED TO ACCEPT ANY 11,383
CALCULATIONS IN A WORKSHEET PREPARED BY ANY PARTY TO THE ACTION 11,384
OR PROCEEDING.
Sec. 3119.021. THE FOLLOWING BASIC CHILD SUPPORT SCHEDULE 11,386
SHALL BE USED BY ALL COURTS AND CHILD SUPPORT ENFORCEMENT 11,387
AGENCIES WHEN CALCULATING THE AMOUNT OF CHILD SUPPORT TO BE PAID 11,388
PURSUANT TO A CHILD SUPPORT ORDER, UNLESS THE COMBINED GROSS 11,390
INCOME OF THE PARENTS IS LESS THAN SIXTY-SIX HUNDRED DOLLARS OR 11,391
MORE THAN ONE HUNDRED FIFTY THOUSAND DOLLARS: 11,392
BASIC CHILD SUPPORT SCHEDULE 11,393
COMBINED 11,396
259
GROSS NUMBER OF CHILDREN 11,398
INCOME ONE TWO THREE FOUR FIVE SIX 11,401
6600 600 600 600 600 600 600 11,402
7200 600 600 600 600 600 600 11,403
7800 600 600 600 600 600 600 11,404
8400 600 600 600 600 600 600 11,405
9000 849 859 868 878 887 896 11,406
9600 1259 1273 1287 1301 1315 1329 11,407
10200 1669 1687 1706 1724 1743 1761 11,408
10800 2076 2099 2122 2145 2168 2192 11,409
11400 2331 2505 2533 2560 2588 2616 11,410
12000 2439 2911 2943 2975 3007 3039 11,411
12600 2546 3318 3354 3390 3427 3463 11,412
13200 2654 3724 3765 3806 3846 3887 11,413
13800 2761 4029 4175 4221 4266 4311 11,414
14400 2869 4186 4586 4636 4685 4735 11,415
15000 2976 4342 4996 5051 5105 5159 11,416
15600 3079 4491 5321 5466 5524 5583 11,417
16200 3179 4635 5490 5877 5940 6003 11,418
16800 3278 4780 5660 6254 6355 6423 11,419
17400 3378 4924 5830 6442 6771 6843 11,420
18000 3478 5069 5999 6629 7186 7262 11,421
18600 3578 5213 6169 6816 7389 7682 11,422
19200 3678 5358 6339 7004 7592 8102 11,423
19800 3778 5502 6508 7191 7796 8341 11,424
20400 3878 5647 6678 7378 7999 8558 11,425
21000 3977 5790 6847 7565 8201 8774 11,426
21600 4076 5933 7015 7750 8402 8989 11,427
22200 4176 6075 7182 7936 8602 9204 11,428
22800 4275 6216 7345 8116 8798 9413 11,429
23400 4373 6357 7509 8297 8994 9623 11,430
24000 4471 6498 7672 8478 9190 9832 11,431
24600 4570 6639 7836 8658 9386 10042 11,432
25200 4668 6780 8000 8839 9582 10251 11,433
260
25800 4767 6920 8163 9020 9778 10461 11,434
26400 4865 7061 8327 9200 9974 10670 11,435
27000 4963 7202 8490 9381 10170 10880 11,436
27600 5054 7332 8642 9548 10351 11074 11,437
28200 5135 7448 8776 9697 10512 11246 11,438
28800 5216 7564 8911 9845 10673 11418 11,439
29400 5297 7678 9045 9995 10833 11592 11,440
30000 5377 7792 9179 10143 10994 11764 11,441
30600 5456 7907 9313 10291 11154 11936 11,442
31200 5535 8022 9447 10439 11315 12107 11,443
31800 5615 8136 9581 10587 11476 12279 11,444
32400 5694 8251 9715 10736 11636 12451 11,445
33000 5774 8366 9849 10884 11797 12623 11,446
33600 5853 8480 9983 11032 11957 12794 11,447
34200 5933 8595 10117 11180 12118 12966 11,448
34800 6012 8709 10251 11328 12279 13138 11,449
35400 6091 8824 10385 11476 12439 13310 11,450
36000 6171 8939 10519 11624 12600 13482 11,451
36600 6250 9053 10653 11772 12761 13653 11,452
37200 6330 9168 10787 11920 12921 13825 11,453
37800 6406 9275 10913 12058 13071 13988 11,454
38400 6447 9335 10984 12137 13156 14079 11,455
39000 6489 9395 11055 12215 13242 14170 11,456
39600 6530 9455 11126 12294 13328 14261 11,457
40200 6571 9515 11197 12373 13413 14353 11,458
40800 6613 9575 11268 12451 13499 14444 11,459
41400 6653 9634 11338 12529 13583 14534 11,460
42000 6694 9693 11409 12607 13667 14624 11,461
42600 6735 9752 11479 12684 13752 14714 11,462
43200 6776 9811 11549 12762 13836 14804 11,463
43800 6817 9871 11619 12840 13921 14894 11,464
44400 6857 9930 11690 12917 14005 14985 11,465
45000 6898 9989 11760 12995 14090 15075 11,466
45600 6939 10049 11830 13073 14174 15165 11,467
261
46200 6978 10103 11897 13146 14251 15250 11,468
46800 7013 10150 11949 13203 14313 15316 11,469
47400 7048 10197 12000 13260 14375 15382 11,470
48000 7083 10245 12052 13317 14437 15448 11,471
48600 7117 10292 12103 13374 14498 15514 11,472
49200 7152 10339 12155 13432 14560 15580 11,473
49800 7187 10386 12206 13489 14622 15646 11,474
50400 7222 10433 12258 13546 14684 15712 11,475
51000 7257 10481 12309 13603 14745 15778 11,476
51600 7291 10528 12360 13660 14807 15844 11,477
52200 7326 10575 12412 13717 14869 15910 11,478
52800 7361 10622 12463 13774 14931 15976 11,479
53400 7396 10669 12515 13832 14992 16042 11,480
54000 7431 10717 12566 13889 15054 16108 11,481
54600 7468 10765 12622 13946 15120 16178 11,482
55200 7524 10845 12716 14050 15232 16298 11,483
55800 7582 10929 12814 14159 15350 16425 11,484
56400 7643 11016 12918 14273 15474 16558 11,485
57000 7704 11104 13021 14388 15598 16691 11,486
57600 7765 11192 13125 14502 15722 16824 11,487
58200 7825 11277 13225 14613 15842 16953 11,488
58800 7883 11361 13324 14723 15961 17079 11,489
59400 7941 11445 13423 14832 16079 17206 11,490
60000 8000 11529 13522 14941 16197 17333 11,491
60600 8058 11612 13620 15050 16315 17460 11,492
61200 8116 11696 13719 15160 16433 17587 11,493
61800 8175 11780 13818 15269 16552 17714 11,494
62400 8233 11864 13917 15378 16670 17840 11,495
63000 8288 11945 14011 15481 16783 17958 11,496
63600 8344 12024 14102 15582 16893 18075 11,497
64200 8399 12103 14194 15683 17002 18193 11,498
64800 8454 12183 14285 15784 17111 18310 11,499
65400 8510 12262 14376 15885 17220 18427 11,500
66000 8565 12341 14468 15986 17330 18544 11,501
262
66600 8620 12421 14559 16087 17439 18661 11,502
67200 8676 12500 14650 16188 17548 18778 11,503
67800 8731 12579 14741 16289 17657 18895 11,504
68400 8786 12659 14833 16390 17767 19012 11,505
69000 8842 12738 14924 16491 17876 19129 11,506
69600 8897 12817 15015 16592 17985 19246 11,507
70200 8953 12897 15107 16693 18094 19363 11,508
70800 9008 12974 15196 16791 18201 19476 11,509
71400 9060 13047 15281 16885 18302 19585 11,510
72000 9111 13120 15366 16979 18404 19694 11,511
72600 9163 13194 15451 17073 18506 19803 11,512
73200 9214 13267 15536 17167 18608 19912 11,513
73800 9266 13340 15621 17261 18709 20021 11,514
74400 9318 13413 15706 17355 18811 20130 11,515
75000 9369 13487 15791 17449 18913 20239 11,516
75600 9421 13560 15876 17543 19015 20347 11,517
76200 9473 13633 15961 17636 19116 20456 11,518
76800 9524 13707 16046 17730 19218 20565 11,519
77400 9576 13780 16131 17824 19320 20674 11,520
78000 9627 13853 16216 17918 19422 20783 11,521
78600 9679 13927 16300 18012 19523 20892 11,522
79200 9731 14000 16385 18106 19625 21001 11,523
79800 9782 14073 16470 18200 19727 21109 11,524
80400 9834 14147 16555 18294 19829 21218 11,525
81000 9885 14220 16640 18387 19930 21326 11,526
81600 9936 14292 16723 18480 20030 21434 11,527
82200 9987 14364 16807 18573 20131 21541 11,528
82800 10038 14439 16891 18665 20235 21651 11,529
83400 10090 14514 16979 18762 20340 21763 11,530
84000 10142 14589 17066 18859 20444 21875 11,531
84600 10194 14663 17154 18956 20549 21987 11,532
85200 10246 14738 17241 19052 20653 22099 11,533
85800 10298 14813 17329 19149 20758 22211 11,534
86400 10350 14887 17417 19246 20863 22323 11,535
263
87000 10403 14962 17504 19343 20967 22435 11,536
87600 10455 15037 17592 19440 21072 22547 11,537
88200 10507 15111 17679 19537 21176 22659 11,538
88800 10559 15186 17767 19633 21281 22771 11,539
89400 10611 15261 17855 19730 21386 22883 11,540
90000 10663 15335 17942 19827 21490 22995 11,541
90600 10715 15410 18030 19924 21595 23107 11,542
91200 10767 15485 18118 20021 21700 23219 11,543
91800 10819 15559 18205 20118 21804 23331 11,544
92400 10872 15634 18293 20215 21909 23443 11,545
93000 10924 15709 18380 20311 22013 23555 11,546
93600 10976 15783 18468 20408 22118 23667 11,547
94200 11028 15858 18556 20505 22223 23779 11,548
94800 11080 15933 18643 20602 22327 23891 11,549
95400 11132 16007 18731 20699 22432 24003 11,550
96000 11184 16082 18818 20796 22536 24115 11,551
96600 11236 16157 18906 20892 22641 24227 11,552
97200 11289 16231 18994 20989 22746 24339 11,553
97800 11341 16306 19081 21086 22850 24451 11,554
98400 11393 16381 19169 21183 22955 24563 11,555
99000 11446 16450 19255 21279 23062 24676 11,556
99600 11491 16516 19334 21366 23156 24777 11,557
100200 11536 16583 19413 21453 23250 24878 11,558
100800 11581 16649 19491 21539 23345 24978 11,559
101400 11625 16714 19569 21625 23437 25077 11,560
102000 11670 16779 19646 21710 23530 25177 11,561
102600 11714 16844 19724 21796 23623 25276 11,562
103200 11759 16909 19801 21881 23715 25375 11,563
103800 11803 16974 19879 21967 23808 25475 11,564
104400 11847 17039 19956 22052 23901 25574 11,565
105000 11892 17104 20034 22138 23994 25673 11,566
105600 11934 17167 20108 22220 24083 25769 11,567
106200 11979 17232 20186 22305 24176 25868 11,568
106800 12023 17297 20263 22391 24269 25968 11,569
264
107400 12068 17362 20341 22476 24361 26067 11,570
108000 12110 17425 20415 22559 24451 26162 11,571
108600 12155 17490 20493 22644 24543 26262 11,572
109200 12199 17555 20570 22730 24636 26361 11,573
109800 12243 17620 20648 22815 24729 26460 11,574
110400 12286 17683 20722 22897 24818 26556 11,575
111000 12331 17748 20800 22983 24911 26655 11,576
111600 12375 17813 20877 23068 25004 26755 11,577
112200 12419 17878 20955 23154 25096 26854 11,578
112800 12462 17941 21029 23236 25186 26949 11,579
113400 12506 18006 21107 23322 25278 27049 11,580
114000 12551 18071 21184 23407 25371 27148 11,581
114600 12595 18136 21262 23493 25464 27247 11,582
115200 12640 18202 21339 23578 25557 27347 11,583
115800 12682 18264 21414 23660 25646 27442 11,584
116400 12727 18329 21491 23746 25739 27542 11,585
117000 12771 18394 21569 23831 25832 27641 11,586
117600 12815 18460 21646 23917 25924 27740 11,587
118200 12858 18522 21721 23999 26013 27836 11,588
118800 12902 18587 21798 24084 26106 27935 11,589
119400 12947 18652 21876 24170 26199 28034 11,590
120000 12991 18718 21953 24256 26292 28134 11,591
120600 13034 18780 22028 24338 26381 28229 11,592
121200 13078 18845 22105 24423 26474 28329 11,593
121800 13123 18910 22183 24509 26567 28428 11,594
122400 13167 18976 22260 24594 26659 28527 11,595
123000 13210 19038 22335 24676 26749 28623 11,596
123600 13254 19103 22412 24762 26841 28722 11,597
124200 13299 19168 22490 24847 26934 28821 11,598
124800 13343 19234 22567 24933 27027 28921 11,599
125400 13386 19296 22642 25015 27116 29016 11,600
126000 13430 19361 22719 25101 27209 29115 11,601
126600 13474 19426 22797 25186 27302 29215 11,602
127200 13519 19492 22874 25272 27395 29314 11,603
265
127800 13561 19554 22949 25354 27484 29410 11,604
128400 13606 19619 23026 25439 27576 29509 11,605
129000 13650 19684 23104 25525 27669 29608 11,606
129600 13695 19750 23181 25610 27762 29708 11,607
130200 13739 19815 23259 25696 27855 29807 11,608
130800 13783 19879 23335 25780 27946 29905 11,609
131400 13828 19945 23414 25868 28041 30007 11,610
132000 13874 20012 23494 25955 28136 30108 11,611
132600 13919 20079 23573 26043 28231 30210 11,612
133200 13963 20143 23649 26127 28323 30308 11,613
133800 14008 20210 23729 26215 28418 30410 11,614
134400 14054 20276 23808 26302 28513 30511 11,615
135000 14099 20343 23887 26390 28608 30613 11,616
135600 14143 20407 23964 26474 28699 30711 11,617
136200 14188 20474 24043 26561 28794 30813 11,618
136800 14234 20541 24123 26649 28889 30914 11,619
137400 14279 20607 24202 26737 28984 31016 11,620
138000 14323 20671 24278 26821 29075 31114 11,621
138600 14368 20738 24358 26908 29170 31215 11,622
139200 14414 20805 24437 26996 29265 31317 11,623
139800 14459 20872 24516 27083 29361 31419 11,624
140400 14503 20936 24593 27168 29452 31517 11,625
141000 14549 21002 24672 27255 29547 31618 11,626
141600 14594 21069 24751 27343 29642 31720 11,627
142200 14639 21136 24831 27430 29737 31822 11,628
142800 14683 21200 24907 27515 29828 31920 11,629
143400 14729 21267 24986 27602 29923 32021 11,630
144000 14774 21333 25066 27690 30018 32123 11,631
144600 14820 21400 25145 27777 30113 32225 11,632
145200 14865 21467 25225 27865 30208 32327 11,633
145800 14909 21531 25301 27949 30300 32424 11,634
146400 14963 21596 25377 28041 30396 32526 11,635
147000 15006 21659 25452 28124 30486 32622 11,636
147600 15049 21722 25527 28207 30576 32718 11,637
266
148200 15090 21782 25599 28286 30662 32810 11,638
148800 15133 21845 25674 28369 30752 32907 11,639
149400 15176 21908 25749 28452 30842 33003 11,640
150000 15218 21971 25823 28534 30931 33099 11,641
Sec. 3119.022. WHEN A COURT OR CHILD SUPPORT ENFORCEMENT 11,644
AGENCY CALCULATES THE AMOUNT OF CHILD SUPPORT TO BE PAID PURSUANT 11,647
TO A CHILD SUPPORT ORDER IN A PROCEEDING IN WHICH ONE PARENT IS 11,648
THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF ALL OF THE CHILDREN 11,649
WHO ARE THE SUBJECT OF THE CHILD SUPPORT ORDER OR IN WHICH THE 11,650
COURT ISSUES A SHARED PARENTING ORDER, THE COURT OR AGENCY SHALL 11,652
USE A WORKSHEET IDENTICAL IN CONTENT AND FORM TO THE FOLLOWING: 11,653
CHILD SUPPORT COMPUTATION WORKSHEET SOLE RESIDENTIAL PARENT OR 11,655
SHARED PARENTING ORDER
NAME OF PARTIES ................................................. 11,657
CASE NO. ........................................................ 11,658
NUMBER OF MINOR CHILDREN ........................................ 11,660
THE FOLLOWING PARENT WAS DESIGNATED AS RESIDENTIAL PARENT AND 11,662
LEGAL CUSTODIAN: ...... MOTHER ...... FATHER ...... SHARED 11,663
COLUMN I COLUMN II COLUMN III 11,667
FATHER MOTHER COMBINED 11,670
INCOME 11,673
1.a. ANNUAL GROSS INCOME FROM 11,676
EMPLOYMENT OR, WHEN
DETERMINED APPROPRIATE BY 11,677
THE COURT OR AGENCY,
AVERAGE ANNUAL GROSS INCOME 11,678
FROM EMPLOYMENT OVER A 11,679
REASONABLE PERIOD OF YEARS. 11,680
(EXCLUDE OVERTIME, BONUSES,
SELF-EMPLOYMENT INCOME, OR 11,681
COMMISSIONS)............... $...... $...... 11,682
b. AMOUNT OF OVERTIME, 11,683
BONUSES, AND COMMISSIONS 11,684
(YEAR 1 REPRESENTING THE 11,685
267
MOST RECENT YEAR)
FATHER MOTHER 11,687
YR. 3 $............. YR. 3 $............. 11,689
(THREE YEARS AGO) (THREE YEARS AGO) 11,691
YR. 2 $............. YR. 2 $............. 11,693
(TWO YEARS AGO) (TWO YEARS AGO) 11,695
YR. 1 $............. YR. 1 $............. 11,697
(LAST CALENDAR YEAR) (LAST CALENDAR YEAR) 11,699
AVERAGE $........... $................... 11,701
(INCLUDE IN COL. I AND/OR 11,705
COL. II THE AVERAGE OF THE 11,706
THREE YEARS OR THE YEAR 1 11,707
AMOUNT, WHICHEVER IS LESS, 11,708
IF THERE EXISTS A
REASONABLE EXPECTATION THAT 11,709
THE TOTAL EARNINGS FROM
OVERTIME AND/OR BONUSES 11,710
DURING THE CURRENT CALENDAR 11,711
YEAR WILL MEET OR EXCEED
THE AMOUNT THAT IS THE 11,712
LOWER OF THE AVERAGE OF THE 11,713
THREE YEARS OR THE YEAR 1
AMOUNT. IF, HOWEVER, THERE 11,714
EXISTS A REASONABLE 11,715
EXPECTATION THAT THE TOTAL
EARNINGS FROM 11,716
OVERTIME/BONUSES DURING THE 11,717
CURRENT CALENDAR YEAR WILL
BE LESS THAN THE LOWER OF 11,718
THE AVERAGE OF THE 3 YEARS 11,719
OR THE YEAR 1 AMOUNT,
INCLUDE ONLY THE AMOUNT 11,720
REASONABLY EXPECTED TO BE 11,721
EARNED THIS YEAR.)......... $...... $...... 11,722
268
2. FOR SELF-EMPLOYMENT INCOME: 11,725
a. GROSS RECEIPTS FROM 11,727
BUSINESS................... $...... $...... 11,728
b. ORDINARY AND NECESSARY 11,729
BUSINESS EXPENSES.......... $...... $...... 11,731
c. 5.6% OF ADJUSTED GROSS 11,732
INCOME OR THE ACTUAL 11,733
MARGINAL DIFFERENCE BETWEEN 11,734
THE ACTUAL RATE PAID BY THE
SELF-EMPLOYED INDIVIDUAL 11,735
AND THE F.I.C.A. RATE...... $...... $...... 11,737
d. ADJUSTED GROSS INCOME FROM 11,739
SELF-EMPLOYMENT (SUBTRACT
THE SUM OF 2b AND 2c FROM 11,742
2a)........................ $...... $...... 11,743
3. ANNUAL INCOME FROM INTEREST 11,745
AND DIVIDENDS (WHETHER OR 11,746
NOT TAXABLE)............... $...... $...... 11,748
4. ANNUAL INCOME FROM 11,750
UNEMPLOYMENT COMPENSATION.. $...... $...... 11,752
5. ANNUAL INCOME FROM WORKERS' 11,754
COMPENSATION, DISABILITY 11,755
INSURANCE BENEFITS, OR 11,756
SOCIAL SECURITY
DISABILITY/RETIREMENT
BENEFITS................... $...... $...... 11,757
6. OTHER ANNUAL INCOME 11,759
(IDENTIFY)................. $...... $...... 11,761
269
7. TOTAL ANNUAL GROSS INCOME 11,763
(ADD LINES 1a, 1b, 2d, AND 11,765
3-6)....................... $...... $......
ADJUSTMENTS TO INCOME 11,769
8. ADJUSTMENT FOR MINOR 11,771
CHILDREN BORN TO OR ADOPTED 11,772
BY EITHER PARENT AND 11,773
ANOTHER PARENT WHO ARE 11,774
LIVING WITH THIS PARENT;
ADJUSTMENT DOES NOT APPLY 11,775
TO STEPCHILDREN (NUMBER OF 11,776
CHILDREN TIMES FEDERAL
INCOME TAX EXEMPTION)...... $...... $...... 11,778
9. ANNUAL COURT-ORDERED 11,780
SUPPORT PAID FOR OTHER 11,781
CHILDREN................... $...... $...... 11,782
10. ANNUAL COURT-ORDERED 11,784
SPOUSAL SUPPORT PAID TO ANY 11,785
SPOUSE OR FORMER SPOUSE.... $...... $...... 11,787
11. AMOUNT OF LOCAL INCOME 11,789
TAXES ACTUALLY PAID OR 11,790
ESTIMATED TO BE PAID....... $...... $...... 11,791
12. MANDATORY WORK-RELATED 11,793
DEDUCTIONS SUCH AS UNION 11,794
DUES, UNIFORM FEES, ETC. 11,795
(NOT INCLUDING TAXES,
SOCIAL SECURITY, OR 11,796
RETIREMENT)................ $...... $...... 11,797
270
13. TOTAL GROSS INCOME 11,799
ADJUSTMENTS (ADD LINES 8
THROUGH 12)................ $...... $...... 11,801
14. ADJUSTED ANNUAL GROSS 11,803
INCOME (SUBTRACT LINE 13
FROM LINE 7)............... $...... $...... 11,805
15. COMBINED ANNUAL INCOME THAT 11,807
IS BASIS FOR CHILD SUPPORT 11,808
ORDER (ADD LINE 14, COL. I 11,809
AND COL. II)............... $......... 11,811
16. PERCENTAGE OF PARENT'S 11,813
INCOME TO TOTAL INCOME 11,814
a. FATHER (DIVIDE LINE 14, 11,817
COL. I, BY LINE 15, COL. 11,818
III)......................%
b. MOTHER (DIVIDE LINE 14, 11,821
COL. II, BY LINE 15, COL. 11,822
III)......................%
17.a. BASIC COMBINED CHILD 11,825
SUPPORT OBLIGATION (REFER 11,826
TO SCHEDULE, FIRST COLUMN, 11,827
LOCATE THE AMOUNT NEAREST
TO THE AMOUNT ON LINE 15, 11,829
COL. III, THEN REFER TO 11,830
COLUMN FOR NUMBER OF
CHILDREN IN THIS FAMILY.
IF THE INCOME OF THE 11,831
PARENTS IS MORE THAN ONE 11,832
SUM BUT LESS THAN ANOTHER, 11,833
YOU MAY CALCULATE THE
DIFFERENCE.)............... $...... 11,834
271
b. ANY NON-MEANS-TESTED 11,835
BENEFITS, INCLUDING SOCIAL 11,836
SECURITY AND VETERANS' 11,837
BENEFITS, PAID TO AND 11,838
RECEIVED BY A CHILD OR A
CHILD'S REPRESENTATIVE DUE 11,839
TO DEATH, DISABILITY, OR 11,840
RETIREMENT OF THE PARENT... $...... 11,841
c. BASIC COMBINED CHILD 11,842
SUPPORT OBLIGATION 11,843
(SUBTRACT LINE 17b FROM 11,844
17a)....................... $...... 11,845
18. ANNUAL SUPPORT OBLIGATION PER PARENT 11,848
a. FATHER (MULTIPLY LINE 17c, 11,850
COL. III, BY LINE 16a)..... $...... 11,852
b. MOTHER (MULTIPLY LINE 17c, 11,853
COL. III, BY LINE 16b)..... $...... 11,855
19. ANNUAL CHILD CARE EXPENSES 11,857
FOR CHILDREN WHO ARE THE 11,858
SUBJECT OF THIS ORDER THAT 11,859
ARE WORK-, EMPLOYMENT
TRAINING-, OR 11,860
EDUCATION-RELATED, AS
APPROVED BY THE COURT OR 11,861
AGENCY (DEDUCT TAX CREDIT 11,862
FROM ANNUAL COST, WHETHER
OR NOT CLAIMED)............ $...... $...... 11,863
20. MARGINAL, OUT-OF-POCKET 11,865
COSTS, NECESSARY TO PROVIDE 11,866
FOR HEALTH INSURANCE FOR 11,867
THE CHILDREN WHO ARE THE
272
SUBJECT OF THIS ORDER...... $...... $...... 11,869
21. ADJUSTMENTS TO CHILD SUPPORT 11,872
FATHER (ONLY IF OBLIGOR OR MOTHER (ONLY IF OBLIGOR OR 11,877
SHARED PARENTING) SHARED PARENTING)
a. ADDITIONS: LINE 16a b. ADDITIONS: LINE 16b 11,885
TIMES SUM OF AMOUNTS TIMES SUM OF AMOUNTS
SHOWN ON LINE 19, COL. II SHOWN ON LINE 19, COL. I 11,886
AND LINE 20, COL. II AND LINE 20, COL. I 11,888
$...... $...... 11,888
c. SUBTRACTIONS: LINE 16b d. SUBTRACTIONS: LINE 16a 11,895
TIMES SUM OF AMOUNTS TIMES SUM OF AMOUNTS 11,896
SHOWN ON LINE 19, COL. I SHOWN ON LINE 19, COL. II 11,897
AND LINE 20, COL. I AND LINE 20, COL. II 11,899
$...... $...... 11,899
22. OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT: 11,902
a. FATHER: LINE 18a PLUS LINE 11,905
21a MINUS LINE 21c (IF THE 11,906
AMOUNT ON LINE 21c IS 11,907
GREATER THAN OR EQUAL TO 11,908
THE AMOUNT ON LINE 21a OR 11,909
IF 21a AND 21c ARE NOT
APPLICABLE--ENTER THE 11,910
NUMBER ON LINE 18a IN COL. 11,911
I)......................... $...... 11,913
b. MOTHER: LINE 18b PLUS LINE 11,915
21b MINUS LINE 21d (IF THE 11,916
AMOUNT ON LINE 21d IS 11,917
GREATER THAN OR EQUAL TO 11,918
THE AMOUNT ON LINE 21b OR 11,919
IF 21b AND 21d ARE NOT 11,920
APPLICABLE--ENTER THE
NUMBER ON LINE 18b IN COL. 11,921
273
II)........................ $...... 11,922
23. ACTUAL 11,924
ANNUAL
OBLIGATION
(LINE 22a OR 11,925
22b, WHICHEVER
LINE
CORRESPONDS TO 11,926
THE PARENT WHO
IS THE
OBLIGOR)...... $......
24.a. DEVIATION FROM SOLE RESIDENTIAL PARENT SUPPORT AMOUNT SHOWN 11,932
ON LINE 23 IF AMOUNT WOULD BE UNJUST OR INAPPROPRIATE: (SEE 11,933
SECTION 3119.23 OF THE REVISED CODE.) (SPECIFIC FACTS AND 11,935
MONETARY VALUE MUST BE STATED.) 11,936
................................................................. 11,937
................................................................. 11,938
................................................................. 11,939
................................................................. 11,940
b. DEVIATION FROM SHARED PARENTING ORDER: (SEE SECTIONS 3119.23 11,942
AND 3119.24 OF THE REVISED CODE.) (SPECIFIC FACTS INCLUDING 11,943
AMOUNT OF TIME CHILDREN SPEND WITH EACH PARENT, ABILITY OF 11,945
EACH PARENT TO MAINTAIN ADEQUATE HOUSING FOR CHILDREN, AND 11,946
EACH PARENT'S EXPENSES FOR CHILDREN MUST BE STATED TO 11,948
JUSTIFY DEVIATION.)
................................................................. 11,949
................................................................. 11,950
................................................................. 11,951
................................................................. 11,952
25. FINAL FIGURE (THIS AMOUNT 11,956
REFLECTS FINAL ANNUAL CHILD 11,957
274
SUPPORT OBLIGATION; LINE 23
PLUS OR MINUS ANY AMOUNTS 11,958
INDICATED IN LINE 24a OR 11,960
24b)....................... $...... FATHER/MOTHER, 11,961
OBLIGOR 11,962
26. FOR DECREE: CHILD SUPPORT 11,965
PER MONTH (DIVIDE OBLIGOR'S
ANNUAL SHARE, LINE 25, BY 11,966
12) PLUS ANY PROCESSING
CHARGE..................... $...... 11,968
PREPARED BY: 11,971
COUNSEL: .................... PRO SE: ..................... 11,974
(FOR MOTHER/FATHER) 11,975
CSEA: ....................... OTHER: ...................... 11,977
WORKSHEET HAS BEEN REVIEWED AND AGREED TO: 11,979
....................................... ........................ 11,981
MOTHER DATE 11,983
....................................... ........................ 11,985
FATHER DATE 11,987
Sec. 3119.023. WHEN A COURT OR CHILD SUPPORT ENFORCEMENT 11,989
AGENCY CALCULATES THE AMOUNT OF CHILD SUPPORT TO BE PAID PURSUANT 11,991
TO A COURT CHILD SUPPORT ORDER IN A PROCEEDING IN WHICH THE 11,992
PARENTS HAVE SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES WITH 11,993
RESPECT TO THE CHILDREN WHO ARE THE SUBJECT OF THE CHILD SUPPORT 11,994
ORDER, THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY SHALL USE A 11,995
WORKSHEET THAT IS IDENTICAL IN CONTENT AND FORM TO THE FOLLOWING: 11,996
CHILD SUPPORT COMPUTATION WORKSHEET SPLIT PARENTAL RIGHTS AND 11,998
RESPONSIBILITIES
NAME OF PARTIES ................................................. 12,000
CASE NO. ........................................................ 12,002
NUMBER OF MINOR CHILDREN ........................................ 12,004
NUMBER OF MINOR CHILDREN WITH MOTHER .......... FATHER .......... 12,006
275
COLUMN I COLUMN II COLUMN III 12,010
FATHER MOTHER COMBINED 12,013
INCOME 12,016
1.a. ANNUAL GROSS INCOME FROM 12,018
EMPLOYMENT OR, WHEN
DETERMINED APPROPRIATE BY 12,019
THE COURT OR AGENCY,
AVERAGE ANNUAL GROSS INCOME
FROM EMPLOYMENT OVER A 12,020
REASONABLE PERIOD OF YEARS.
(EXCLUDE OVERTIME, BONUSES, 12,021
SELF-EMPLOYMENT INCOME, OR
COMMISSIONS)............... $...... $...... 12,022
b. AMOUNT OF OVERTIME, 12,023
BONUSES, AND COMMISSIONS
(YEAR 1 REPRESENTING THE 12,024
MOST RECENT YEAR)
FATHER MOTHER 12,026
YR. 3 $............. YR. 3 $............. 12,028
(THREE YEARS AGO) (THREE YEARS AGO) 12,030
YR. 2 $............. YR. 2 $............. 12,032
(TWO YEARS AGO) (TWO YEARS AGO) 12,034
YR. 1 $............. YR. 1 $............. 12,036
(LAST CALENDAR YEAR) (LAST CALENDAR YEAR) 12,038
AVERAGE $........... $................... 12,040
(INCLUDE IN COL. I AND/OR 12,044
COL. II THE AVERAGE OF THE
THREE YEARS OR THE YEAR 1 12,045
AMOUNT, WHICHEVER IS LESS, 12,046
IF THERE EXISTS A
REASONABLE EXPECTATION THAT 12,047
THE TOTAL EARNINGS FROM 12,048
OVERTIME AND/OR BONUSES
DURING THE CURRENT CALENDAR 12,049
276
YEAR WILL MEET OR EXCEED
THE AMOUNT THAT IS THE 12,050
LOWER OF THE AVERAGE OF THE 12,051
THREE YEARS OR THE YEAR 1
AMOUNT. IF, HOWEVER, THERE 12,052
EXISTS A REASONABLE 12,053
EXPECTATION THAT THE TOTAL
EARNINGS FROM 12,054
OVERTIME/BONUSES DURING THE 12,055
CURRENT CALENDAR YEAR WILL
BE LESS THAN THE LOWER OF 12,056
THE AVERAGE OF THE 3 YEARS 12,057
OR THE YEAR 1 AMOUNT,
INCLUDE ONLY THE AMOUNT 12,058
REASONABLY EXPECTED TO BE 12,059
EARNED THIS YEAR.)......... $...... $...... 12,060
2. FOR SELF-EMPLOYMENT INCOME 12,063
a. GROSS RECEIPTS FROM 12,065
BUSINESS .................. $...... $...... 12,066
b. ORDINARY AND NECESSARY 12,068
BUSINESS EXPENSES ......... $...... $...... 12,069
c. 5.6% OF ADJUSTED GROSS 12,071
INCOME OR THE ACTUAL 12,072
MARGINAL DIFFERENCE BETWEEN
THE ACTUAL RATE PAID BY THE 12,073
SELF-EMPLOYED INDIVIDUAL
AND THE F.I.C.A. RATE...... $...... $...... 12,075
d. ADJUSTED GROSS INCOME FROM 12,078
SELF-EMPLOYMENT (SUBTRACT
THE SUM OF 2b AND 2c FROM 12,080
277
2a)........................ $...... $......
3. ANNUAL INCOME FROM INTEREST 12,082
AND DIVIDENDS (WHETHER OR 12,083
NOT TAXABLE)............... $...... $...... 12,084
4. ANNUAL INCOME FROM 12,086
UNEMPLOYMENT COMPENSATION.. $...... $...... 12,088
5. ANNUAL INCOME FROM WORKERS' 12,090
COMPENSATION, DISABILITY 12,091
INSURANCE BENEFITS OR
SOCIAL SECURITY
DISABILITY/RETIREMENT 12,092
BENEFITS................... $...... $...... 12,093
6. OTHER ANNUAL INCOME 12,095
(IDENTIFY)................. $...... $...... 12,096
7. TOTAL ANNUAL GROSS INCOME 12,098
(ADD LINES 1a, 1b, 2d, AND 12,100
3-6)....................... $...... $...... 12,101
ADJUSTMENTS TO INCOME 12,105
8. ADJUSTMENT FOR MINOR 12,107
CHILDREN BORN TO OR ADOPTED 12,108
BY EITHER PARENT AND 12,109
ANOTHER PARENT WHO ARE 12,110
LIVING WITH THIS PARENT;
ADJUSTMENT DOES NOT APPLY 12,111
TO STEPCHILDREN (NUMBER OF 12,112
CHILDREN TIMES FEDERAL
INCOME TAX EXEMPTION)...... $...... $...... 12,114
278
9. ANNUAL COURT-ORDERED 12,116
SUPPORT PAID FOR OTHER 12,117
CHILDREN................... $...... $...... 12,118
10. ANNUAL COURT-ORDERED 12,120
SPOUSAL SUPPORT PAID TO ANY 12,121
SPOUSE OR FORMER SPOUSE.... $...... $...... 12,123
11. AMOUNT OF LOCAL INCOME 12,125
TAXES ACTUALLY PAID OR 12,126
ESTIMATED TO BE PAID....... $...... $...... 12,127
12. MANDATORY WORK-RELATED 12,129
DEDUCTIONS SUCH AS UNION 12,130
DUES, UNIFORM FEES, ETC. 12,131
(NOT INCLUDING TAXES,
SOCIAL SECURITY, OR 12,132
RETIREMENT)................ $...... $...... 12,133
13. TOTAL GROSS INCOME 12,135
ADJUSTMENTS (ADD LINES 8 12,136
THROUGH 12)................ $...... $...... 12,137
14. ADJUSTED ANNUAL GROSS 12,139
INCOME (SUBTRACT LINE 13 12,140
FROM 7).................... $...... $...... 12,141
15. COMBINED ANNUAL INCOME THAT 12,143
IS BASIS FOR CHILD SUPPORT 12,144
ORDER (ADD LINE 14, COL. I 12,145
AND COL. II)............... $......... 12,147
16. PERCENTAGE OF PARENT'S 12,149
INCOME TO TOTAL INCOME
279
a. FATHER (DIVIDE LINE 14, 12,151
COL. I, BY LINE 15, COL.
III) .....................% 12,152
b. MOTHER (DIVIDE LINE 14, 12,154
COL. II, BY LINE 15, COL. 12,155
III)......................%
17.a. BASIC COMBINED CHILD 12,159
SUPPORT OBLIGATION (REFER 12,160
TO SCHEDULE, FIRST COLUMN, 12,161
LOCATE THE AMOUNT NEAREST 12,162
TO THE AMOUNT ON LINE 15, 12,163
COL. III, THEN REFER TO
COLUMN FOR NUMBER OF 12,164
CHILDREN WITH THIS PARENT. 12,165
IF THE INCOME OF THE
PARENTS IS MORE THAN ONE 12,166
SUM BUT LESS THAN ANOTHER, 12,167
YOU MAY CALCULATE THE
DIFFERENCE)................ FOR CHILDREN FOR CHILDREN 12,170
FOR WHOM THE FOR WHOM THE
MOTHER IS THE FATHER IS THE 12,171
RESIDENTIAL RESIDENTIAL
PARENT AND PARENT AND
LEGAL LEGAL
CUSTODIAN CUSTODIAN
$............. $............. 12,172
b. ANY NON-MEANS-TESTED 12,173
BENEFITS, INCLUDING SOCIAL 12,174
SECURITY AND VETERAN'S
BENEFITS, PAID TO AND 12,175
RECEIVED BY A CHILD OR A
CHILD'S REPRESENTATIVE DUE 12,176
TO DEATH, DISABILITY, OR 12,177
280
RETIREMENT OF THE PARENT... FOR CHILDREN FOR CHILDREN 12,180
FOR WHOM THE FOR WHOM THE
MOTHER IS THE FATHER IS THE 12,181
RESIDENTIAL RESIDENTIAL
PARENT AND PARENT AND
LEGAL LEGAL
CUSTODIAN CUSTODIAN
$............. $............. 12,182
c. BASIC COMBINED CHILD 12,183
SUPPORT OBLIGATION
(SUBTRACT LINE 17b FROM 12,184
LINE 17a).................. OF FATHER FOR OF MOTHER FOR 12,188
CHILDREN FOR CHILDREN FOR
WHOM THE WHOM THE 12,189
MOTHER IS THE FATHER IS THE
RESIDENTIAL RESIDENTIAL
PARENT AND PARENT AND 12,190
LEGAL LEGAL
CUSTODIAN CUSTODIAN
$............. $............. 12,191
18. ANNUAL SUPPORT OBLIGATION PER PARENT 12,194
a. OF FATHER FOR CHILDREN FOR 12,197
WHOM MOTHER IS THE
RESIDENTIAL PARENT AND 12,198
LEGAL CUSTODIAN (MULTIPLY 12,199
LINE 17c, COL. I, BY LINE 12,200
16a)....................... $...... 12,201
b. OF MOTHER FOR CHILDREN FOR 12,202
WHOM THE FATHER IS THE 12,203
RESIDENTIAL PARENT AND 12,204
LEGAL CUSTODIAN (MULTIPLY 12,205
LINE 17c, COL. II, BY LINE 12,206
16b)....................... $...... 12,207
281
19. ANNUAL CHILD CARE EXPENSES 12,209
FOR CHILDREN WHO ARE THE 12,210
SUBJECT OF THIS ORDER THAT 12,211
ARE WORK-, EMPLOYMENT
TRAINING-, OR 12,212
EDUCATION-RELATED, AS
APPROVED BY THE COURT OR 12,213
AGENCY (DEDUCT TAX CREDIT
FROM ANNUAL COST WHETHER OR 12,214
NOT CLAIMED)............... PAID BY PAID BY 12,218
FATHER MOTHER 12,219
$...... $...... 12,220
20. MARGINAL, OUT-OF-POCKET 12,222
COSTS, NECESSARY TO PROVIDE 12,223
FOR HEALTH INSURANCE FOR 12,224
THE CHILDREN WHO ARE THE
SUBJECT OF THIS ORDER...... PAID BY PAID BY 12,229
FATHER MOTHER 12,230
$...... $...... 12,231
21. ADJUSTMENTS TO CHILD SUPPORT 12,235
FATHER MOTHER 12,238
a. ADDITIONS: LINE 16a b. ADDITIONS: LINE 16b 12,246
TIMES SUM OF AMOUNTS TIMES SUM OF AMOUNTS
SHOWN ON LINE 19, COL. II SHOWN ON LINE 19, COL. I 12,248
AND LINE 20, COL. II AND LINE 20, COL. I 12,250
$...... $...... 12,250
c. SUBTRACTIONS: LINE 16b d. SUBTRACTIONS: LINE 16a 12,255
TIMES SUM OF AMOUNTS TIMES SUM OF AMOUNTS 12,256
SHOWN ON LINE 19, COL. I SHOWN ON LINE 19, COL. II 12,257
AND LINE 20, COL. I AND LINE 20, COL. II 12,259
$...... $...... 12,259
282
22. ACTUAL ANNUAL OBLIGATION: 12,262
a. FATHER: LINE 18a PLUS LINE 12,266
21a MINUS LINE 21c (IF THE 12,267
AMOUNT ON LINE 21c IS 12,268
GREATER THAN OR EQUAL TO 12,269
THE AMOUNT ON LINE 21a--
ENTER THE NUMBER ON LINE 12,271
18a IN COL. I)............. $...... 12,273
b. MOTHER: LINE 18b PLUS LINE 12,276
21b MINUS LINE 21d (IF THE 12,277
AMOUNT ON LINE 21d IS 12,278
GREATER THAN OR EQUAL TO 12,279
THE AMOUNT ON LINE 12,280
21b--ENTER THE NUMBER ON
LINE 18b IN COL. II)....... $...... 12,283
c. NET CHILD SUPPORT PAYABLE 12,285
(SUBTRACT LESSER OBLIGATION
FROM GREATER OBLIGATION)... $...... $...... 12,287
23. DEVIATION FROM SPLIT RESIDENTIAL PARENT GUIDELINE AMOUNT 12,291
SHOWN ON LINE 22a OR 22b IF AMOUNT WOULD BE UNJUST OR 12,293
INAPPROPRIATE: (SEE SECTION 3119.23 OF THE REVISED CODE.) 12,296
(SPECIFIC FACTS AND MONETARY VALUE MUST BE STATED.) 12,297
................................................................. 12,298
................................................................. 12,299
................................................................. 12,300
................................................................. 12,301
24. FINAL FIGURE (THIS AMOUNT 12,304
REFLECTS FINAL ANNUAL CHILD 12,305
SUPPORT OBLIGATION; LINE 12,306
22c PLUS OR MINUS ANY 12,307
AMOUNTS INDICATED IN LINE
283
23.)....................... $...... FATHER/MOTHER, 12,308
OBLIGOR 12,309
25. FOR DECREE: CHILD SUPPORT 12,311
PER MONTH (DIVIDE OBLIGOR'S 12,313
ANNUAL SHARE, LINE 24, BY
12) PLUS ANY PROCESSING
CHARGE..................... $...... 12,315
PREPARED BY: 12,319
COUNSEL: .................... PRO SE: ..................... 12,322
(FOR MOTHER/FATHER) 12,323
CSEA: ....................... OTHER: ...................... 12,325
WORKSHEET HAS BEEN REVIEWED AND AGREED TO: 12,327
....................................... ........................ 12,329
MOTHER DATE 12,331
....................................... ........................ 12,333
FATHER DATE 12,335
Sec. 3119.024. AT LEAST ONCE EVERY FOUR YEARS, THE 12,337
DEPARTMENT OF HUMAN SERVICES SHALL REVIEW THE BASIC CHILD SUPPORT 12,338
SCHEDULE SET FORTH IN SECTION 3119.021 OF THE REVISED CODE TO 12,339
DETERMINE WHETHER CHILD SUPPORT ORDERS ISSUED IN ACCORDANCE WITH 12,340
THE SCHEDULE AND WORKSHEETS ADEQUATELY PROVIDE FOR THE NEEDS OF 12,341
THE CHILDREN WHO ARE SUBJECT TO THE CHILD SUPPORT ORDERS, PREPARE 12,342
A REPORT OF ITS REVIEW, AND SUBMIT A COPY OF THE REPORT TO BOTH 12,343
HOUSES OF THE GENERAL ASSEMBLY.
FOR EACH REVIEW, THE DEPARTMENT SHALL ESTABLISH A CHILD 12,346
SUPPORT GUIDELINE ADVISORY COUNCIL TO ASSIST THE DEPARTMENT IN 12,348
THE COMPLETION OF ITS REVIEWS AND REPORTS. EACH COUNCIL SHALL BE 12,350
COMPOSED OF OBLIGORS; OBLIGEES; JUDGES OF COURTS OF COMMON PLEAS
WHO HAVE JURISDICTION OVER DOMESTIC RELATIONS CASES; ATTORNEYS 12,351
WHOSE PRACTICE INCLUDES A SIGNIFICANT NUMBER OF DOMESTIC 12,352
RELATIONS CASES; REPRESENTATIVES OF CHILD SUPPORT ENFORCEMENT 12,353
284
AGENCIES; OTHER PERSONS INTERESTED IN THE WELFARE OF CHILDREN; 12,354
THREE MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT OF THE 12,355
SENATE, NO MORE THAN TWO OF WHOM ARE MEMBERS OF THE SAME PARTY; 12,356
AND THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY 12,357
THE SPEAKER OF THE HOUSE, NO MORE THAN TWO OF WHOM ARE MEMBERS OF 12,358
THE SAME PARTY. 12,359
THE DEPARTMENT SHALL CONSIDER INPUT FROM THE COUNCIL PRIOR 12,362
TO THE COMPLETION OF ANY REPORT UNDER THIS SECTION. 12,363
THE ADVISORY COUNCIL SHALL CEASE TO EXIST AT THE TIME THAT 12,366
IT SUBMITS ITS REPORT TO THE GENERAL ASSEMBLY.
ANY EXPENSES INCURRED BY AN ADVISORY COUNCIL SHALL BE PAID 12,370
BY THE DEPARTMENT.
ON OR BEFORE THE FIRST DAY OF MARCH OF EVERY FOURTH YEAR 12,373
AFTER 1993, THE DEPARTMENT SHALL SUBMIT A REPORT UNDER THIS
DIVISION TO BOTH HOUSES OF THE GENERAL ASSEMBLY. 12,374
Sec. 3119.03. IN ANY ACTION OR PROCEEDING IN WHICH THE 12,376
COURT DETERMINES THE AMOUNT OF CHILD SUPPORT THAT WILL BE ORDERED 12,378
TO BE PAID PURSUANT TO A CHILD SUPPORT ORDER OR AT ANY TIME A 12,379
CHILD SUPPORT ENFORCEMENT AGENCY DETERMINES THE AMOUNT OF CHILD 12,380
SUPPORT THAT WILL BE PAID PURSUANT TO AN ADMINISTRATIVE CHILD 12,381
SUPPORT ORDER, THE AMOUNT OF CHILD SUPPORT THAT WOULD BE PAYABLE 12,382
UNDER A CHILD SUPPORT ORDER, AS CALCULATED PURSUANT TO THE BASIC 12,385
CHILD SUPPORT SCHEDULE AND APPLICABLE WORKSHEET THROUGH THE LINE 12,387
ESTABLISHING THE ACTUAL ANNUAL OBLIGATION, IS REBUTTABLY PRESUMED 12,389
TO BE THE CORRECT AMOUNT OF CHILD SUPPORT DUE.
Sec. 3119.04. (A) IF THE COMBINED GROSS INCOME OF BOTH 12,391
PARENTS IS LESS THAN SIX THOUSAND SIX HUNDRED DOLLARS PER YEAR, 12,393
THE COURT OR AGENCY SHALL DETERMINE THE AMOUNT OF THE OBLIGOR'S 12,395
CHILD SUPPORT OBLIGATION ON A CASE-BY-CASE BASIS USING THE 12,396
SCHEDULE AS A GUIDELINE. THE COURT OR AGENCY SHALL REVIEW THE
OBLIGOR'S GROSS INCOME AND LIVING EXPENSES TO DETERMINE THE 12,397
MAXIMUM AMOUNT OF CHILD SUPPORT THAT IT REASONABLY CAN ORDER 12,398
WITHOUT DENYING THE OBLIGOR THE MEANS FOR SELF-SUPPORT AT A 12,399
MINIMUM SUBSISTENCE LEVEL AND SHALL ORDER A SPECIFIC AMOUNT OF 12,400
285
CHILD SUPPORT, UNLESS THE OBLIGOR PROVES TO THE COURT OR AGENCY 12,401
THAT THE OBLIGOR IS TOTALLY UNABLE TO PAY CHILD SUPPORT, AND THE 12,402
COURT OR AGENCY DETERMINES THAT IT WOULD BE UNJUST OR 12,403
INAPPROPRIATE TO ORDER THE PAYMENT OF CHILD SUPPORT AND ENTERS 12,404
ITS DETERMINATION AND SUPPORTING FINDINGS OF FACT IN THE JOURNAL. 12,405
(B) IF THE COMBINED GROSS INCOME OF BOTH PARENTS IS 12,407
GREATER THAN ONE HUNDRED FIFTY THOUSAND DOLLARS PER YEAR, THE 12,409
COURT, WITH RESPECT TO A COURT CHILD SUPPORT ORDER, OR THE CHILD 12,410
SUPPORT ENFORCEMENT AGENCY, WITH RESPECT TO AN ADMINISTRATIVE 12,411
CHILD SUPPORT ORDER, SHALL DETERMINE THE AMOUNT OF THE OBLIGOR'S 12,412
CHILD SUPPORT OBLIGATION ON A CASE-BY-CASE BASIS AND SHALL 12,413
CONSIDER THE NEEDS AND THE STANDARD OF LIVING OF THE CHILDREN WHO 12,414
ARE THE SUBJECT OF THE CHILD SUPPORT ORDER AND OF THE PARENTS. 12,415
THE COURT OR AGENCY SHALL COMPUTE A BASIC COMBINED CHILD SUPPORT 12,416
OBLIGATION THAT IS NO LESS THAN THE OBLIGATION THAT WOULD HAVE 12,417
BEEN COMPUTED UNDER THE BASIC CHILD SUPPORT SCHEDULE AND 12,419
APPLICABLE WORKSHEET FOR A COMBINED GROSS INCOME OF ONE HUNDRED 12,420
FIFTY THOUSAND DOLLARS, UNLESS THE COURT OR AGENCY DETERMINES 12,422
THAT IT WOULD BE UNJUST OR INAPPROPRIATE AND WOULD NOT BE IN THE 12,423
BEST INTEREST OF THE CHILD, OBLIGOR, OR OBLIGEE TO ORDER THAT 12,424
AMOUNT. IF THE COURT OR AGENCY MAKES SUCH A DETERMINATION, IT 12,425
SHALL ENTER IN THE JOURNAL THE FIGURE, DETERMINATION, AND 12,426
FINDINGS.
Sec. 3119.05. WHEN A COURT COMPUTES THE AMOUNT OF CHILD 12,428
SUPPORT REQUIRED TO BE PAID UNDER A COURT CHILD SUPPORT ORDER OR 12,429
A CHILD SUPPORT ENFORCEMENT AGENCY COMPUTES THE AMOUNT OF CHILD 12,430
SUPPORT TO BE PAID PURSUANT TO AN ADMINISTRATIVE CHILD SUPPORT 12,431
ORDER, ALL OF THE FOLLOWING APPLY: 12,432
(A) THE PARENTS' CURRENT AND PAST INCOME AND PERSONAL 12,436
EARNINGS SHALL BE VERIFIED BY ELECTRONIC MEANS OR WITH SUITABLE 12,437
DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, PAYSTUBS, EMPLOYER 12,438
STATEMENTS, RECEIPTS AND EXPENSE VOUCHERS RELATED TO 12,439
SELF-GENERATED INCOME, TAX RETURNS, AND ALL SUPPORTING 12,440
DOCUMENTATION AND SCHEDULES FOR THE TAX RETURNS.
286
(B) THE AMOUNT OF ANY PRE-EXISTING CHILD SUPPORT 12,442
OBLIGATION OF A PARENT UNDER A CHILD SUPPORT ORDER AND THE AMOUNT 12,443
OF ANY COURT-ORDERED SPOUSAL SUPPORT ACTUALLY PAID SHALL BE 12,445
DEDUCTED FROM THE GROSS INCOME OF THAT PARENT TO THE EXTENT THAT 12,446
PAYMENT UNDER THE CHILD SUPPORT ORDER OR THAT PAYMENT OF THE 12,447
COURT-ORDERED SPOUSAL SUPPORT IS VERIFIED BY SUPPORTING
DOCUMENTATION. 12,448
(C) IF OTHER MINOR CHILDREN WHO WERE BORN TO THE PARENT 12,451
AND A PERSON OTHER THAN THE OTHER PARENT WHO IS INVOLVED IN THE 12,453
IMMEDIATE CHILD SUPPORT DETERMINATION LIVE WITH THE PARENT, THE 12,454
COURT OR AGENCY SHALL DEDUCT AN AMOUNT FROM THAT PARENT'S GROSS 12,455
INCOME THAT EQUALS THE NUMBER OF SUCH MINOR CHILDREN TIMES THE 12,456
FEDERAL INCOME TAX EXEMPTION FOR SUCH CHILDREN, NOT EXCEEDING THE 12,457
FEDERAL INCOME TAX EXEMPTION. 12,459
(D) WHEN THE COURT OR AGENCY CALCULATES THE GROSS INCOME 12,461
OF A PARENT, IT SHALL INCLUDE THE LESSER OF THE FOLLOWING AS 12,462
INCOME FROM OVERTIME AND BONUSES: 12,463
(1) THE YEARLY AVERAGE OF ALL OVERTIME, COMMISSIONS, AND 12,465
BONUSES RECEIVED DURING THE THREE YEARS IMMEDIATELY PRIOR TO THE 12,467
TIME WHEN THE PERSON'S CHILD SUPPORT OBLIGATION IS BEING 12,468
COMPUTED;
(2) THE TOTAL OVERTIME, COMMISSIONS, AND BONUSES RECEIVED 12,471
DURING THE YEAR IMMEDIATELY PRIOR TO THE TIME WHEN THE PERSON'S 12,472
CHILD SUPPORT OBLIGATION IS BEING COMPUTED. 12,473
(E) WHEN THE COURT OR AGENCY CALCULATES THE GROSS INCOME 12,475
OF A PARENT, IT SHALL NOT INCLUDE ANY INCOME EARNED BY THE SPOUSE 12,476
OF THAT PARENT. 12,477
(F) THE COURT SHALL NOT ORDER AN AMOUNT OF CHILD SUPPORT 12,480
FOR REASONABLE AND ORDINARY UNINSURED MEDICAL OR DENTAL EXPENSES 12,481
IN ADDITION TO THE AMOUNT OF THE CHILD SUPPORT OBLIGATION 12,482
DETERMINED IN ACCORDANCE WITH THE SCHEDULE. THE COURT SHALL 12,483
ISSUE A SEPARATE ORDER FOR EXTRAORDINARY MEDICAL OR DENTAL 12,484
EXPENSES, INCLUDING, BUT NOT LIMITED TO, ORTHODONTIA,
PSYCHOLOGICAL, APPROPRIATE PRIVATE EDUCATION, AND OTHER EXPENSES, 12,485
287
AND MAY CONSIDER THE EXPENSES IN ADJUSTING A CHILD SUPPORT ORDER. 12,486
(G) WHEN A COURT OR AGENCY CALCULATES THE AMOUNT OF CHILD 12,488
SUPPORT TO BE PAID PURSUANT TO A COURT CHILD SUPPORT ORDER OR AN 12,489
ADMINISTRATIVE CHILD SUPPORT ORDER, IF THE COMBINED GROSS INCOME 12,490
OF BOTH PARENTS IS AN AMOUNT THAT IS BETWEEN TWO AMOUNTS SET 12,491
FORTH IN THE FIRST COLUMN OF THE SCHEDULE, THE COURT OR AGENCY 12,492
MAY USE THE BASIC CHILD SUPPORT OBLIGATION THAT CORRESPONDS TO 12,493
THE HIGHER OF THE TWO AMOUNTS IN THE FIRST COLUMN OF THE 12,494
SCHEDULE, USE THE BASIC CHILD SUPPORT OBLIGATION THAT CORRESPONDS 12,495
TO THE LOWER OF THE TWO AMOUNTS IN THE FIRST COLUMN OF THE 12,496
SCHEDULE, OR CALCULATE A BASIC CHILD SUPPORT OBLIGATION THAT IS 12,497
BETWEEN THOSE TWO AMOUNTS AND CORRESPONDS PROPORTIONALLY TO THE 12,498
PARENTS' ACTUAL COMBINED GROSS INCOME. 12,499
(H) WHEN THE COURT OR AGENCY CALCULATES GROSS INCOME, THE 12,501
COURT OR AGENCY, WHEN APPROPRIATE, MAY AVERAGE INCOME OVER A 12,502
REASONABLE PERIOD OF YEARS. 12,503
(I) A COURT OR AGENCY SHALL NOT DETERMINE A PARENT 12,505
RECEIVING MEANS-TESTED PUBLIC ASSISTANCE BENEFITS TO BE 12,506
VOLUNTARILY UNEMPLOYED OR UNDEREMPLOYED AND SHALL NOT IMPUTE 12,507
INCOME TO THAT PARENT, UNLESS NOT MAKING SUCH DETERMINATION AND 12,508
NOT IMPUTING INCOME WOULD BE UNJUST, INAPPROPRIATE, AND NOT IN 12,509
THE BEST INTEREST OF THE CHILD.
(J) WHEN A COURT OR AGENCY REQUIRES A PARENT TO PAY AN 12,511
AMOUNT FOR THAT PARENT'S FAILURE TO SUPPORT A CHILD FOR A PERIOD 12,512
OF TIME PRIOR TO THE DATE THE COURT MODIFIES OR ISSUES A COURT 12,513
CHILD SUPPORT ORDER OR AN AGENCY MODIFIES OR ISSUES AN 12,514
ADMINISTRATIVE CHILD SUPPORT ORDER FOR THE CURRENT SUPPORT OF THE 12,515
CHILD, THE COURT OR AGENCY SHALL CALCULATE THAT AMOUNT USING THE 12,516
BASIC CHILD SUPPORT SCHEDULE, WORKSHEETS, AND CHILD SUPPORT LAWS
IN EFFECT, AND THE INCOMES OF THE PARENTS AS THEY EXISTED, FOR 12,517
THAT PRIOR PERIOD OF TIME. 12,518
Sec. 3119.06. EXCEPT AS OTHERWISE PROVIDED IN THIS 12,520
SECTION, IN ANY ACTION IN WHICH A COURT ISSUES OR MODIFIES A 12,521
CHILD SUPPORT ORDER OR IN ANY OTHER PROCEEDING IN WHICH A COURT 12,523
288
DETERMINES THE AMOUNT OF CHILD SUPPORT TO BE PAID PURSUANT TO A 12,524
CHILD SUPPORT ORDER, THE COURT SHALL ISSUE A MINIMUM SUPPORT 12,526
ORDER REQUIRING THE OBLIGOR TO PAY A MINIMUM OF FIFTY DOLLARS A 12,527
MONTH. THE COURT, IN ITS DISCRETION AND IN APPROPRIATE
CIRCUMSTANCES, MAY ISSUE A MINIMUM SUPPORT ORDER REQUIRING THE 12,528
OBLIGOR TO PAY LESS THAN FIFTY DOLLARS A MONTH OR NOT REQUIRING 12,530
THE OBLIGOR TO PAY AN AMOUNT FOR SUPPORT. THE CIRCUMSTANCES 12,531
UNDER WHICH A COURT MAY ISSUE SUCH AN ORDER INCLUDE THE 12,532
NONRESIDENTIAL PARENT'S MEDICALLY VERIFIED OR DOCUMENTED PHYSICAL 12,534
OR MENTAL DISABILITY OR INSTITUTIONALIZATION IN A FACILITY FOR 12,535
PERSONS WITH A MENTAL ILLNESS OR ANY OTHER CIRCUMSTANCES 12,536
CONSIDERED APPROPRIATE BY THE COURT.
IF A COURT ISSUES A MINIMUM SUPPORT ORDER PURSUANT TO THIS 12,540
SECTION AND THE OBLIGOR UNDER THE SUPPORT ORDER IS THE RECIPIENT 12,541
OF NEED-BASED PUBLIC ASSISTANCE, ANY UNPAID AMOUNTS OF SUPPORT 12,542
DUE UNDER THE SUPPORT ORDER SHALL ACCRUE AS ARREARAGES FROM MONTH 12,543
TO MONTH, AND THE OBLIGOR'S CURRENT OBLIGATION TO PAY THE SUPPORT 12,544
DUE UNDER THE SUPPORT ORDER IS SUSPENDED DURING ANY PERIOD OF 12,545
TIME THAT THE OBLIGOR IS RECEIVING NEED-BASED PUBLIC ASSISTANCE 12,546
AND IS COMPLYING WITH ANY SEEK WORK ORDERS ISSUED PURSUANT TO 12,547
SECTION 3121.03 OF THE REVISED CODE. THE COURT, OBLIGEE, AND 12,549
CHILD SUPPORT ENFORCEMENT AGENCY SHALL NOT ENFORCE THE OBLIGATION 12,550
OF THE OBLIGOR TO PAY THE AMOUNT OF SUPPORT DUE UNDER THE SUPPORT 12,551
ORDER WHILE THE OBLIGOR IS RECEIVING NEED-BASED PUBLIC ASSISTANCE 12,553
AND IS COMPLYING WITH ANY SEEK WORK ORDERS ISSUED PURSUANT TO 12,554
SECTION 3121.03 OF THE REVISED CODE. 12,556
Sec. 3119.07. (A) EXCEPT WHEN THE PARENTS HAVE SPLIT 12,558
PARENTAL RIGHTS AND RESPONSIBILITIES, A PARENT'S CHILD SUPPORT 12,560
OBLIGATION FOR A CHILD FOR WHOM THE PARENT IS THE RESIDENTIAL 12,561
PARENT AND LEGAL CUSTODIAN SHALL BE PRESUMED TO BE SPENT ON THAT 12,562
CHILD AND SHALL NOT BECOME PART OF A CHILD SUPPORT ORDER, AND A 12,563
PARENT'S CHILD SUPPORT OBLIGATION FOR A CHILD FOR WHOM THE PARENT 12,564
IS NOT THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN SHALL BECOME 12,565
PART OF A CHILD SUPPORT ORDER. 12,566
289
(B) IF THE PARENTS HAVE SPLIT PARENTAL RIGHTS AND 12,568
RESPONSIBILITIES, THE CHILD SUPPORT OBLIGATIONS OF THE PARENTS 12,569
SHALL BE OFFSET, AND THE COURT SHALL ISSUE A CHILD SUPPORT ORDER 12,570
REQUIRING THE PARENT WITH THE LARGER CHILD SUPPORT OBLIGATION TO 12,571
PAY THE NET AMOUNT PURSUANT TO THE CHILD SUPPORT ORDER. 12,572
(C) IF NEITHER PARENT OF A CHILD WHO IS THE SUBJECT OF A 12,574
CHILD SUPPORT ORDER IS THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN 12,576
OF THE CHILD AND THE CHILD RESIDES WITH A THIRD PARTY WHO IS THE 12,577
LEGAL CUSTODIAN OF THE CHILD, THE COURT SHALL ISSUE A CHILD 12,578
SUPPORT ORDER REQUIRING EACH PARENT TO PAY THAT PARENT'S CHILD 12,579
SUPPORT OBLIGATION PURSUANT TO THE CHILD SUPPORT ORDER. 12,581
Sec. 3119.08. WHENEVER A COURT ISSUES A CHILD SUPPORT 12,583
ORDER, IT SHALL INCLUDE IN THE ORDER SPECIFIC PROVISIONS FOR 12,584
REGULAR, HOLIDAY, VACATION, PARENTING TIME, AND SPECIAL 12,585
VISITATION IN ACCORDANCE WITH SECTION 3109.051, 3109.11, OR 12,587
3109.12 OF THE REVISED CODE OR IN ACCORDANCE WITH ANY OTHER 12,588
APPLICABLE SECTION OF THE REVISED CODE.
Sec. 3119.09. THE COURT SHALL NOT AUTHORIZE OR PERMIT THE 12,591
ESCROWING, IMPOUNDMENT, OR WITHHOLDING OF ANY CHILD SUPPORT 12,592
PAYMENT BECAUSE OF A DENIAL OF OR INTERFERENCE WITH A RIGHT OF 12,593
PARENTING TIME OR VISITATION INCLUDED AS A SPECIFIC PROVISION OF 12,596
THE CHILD SUPPORT ORDER OR AS A METHOD OF ENFORCING THE SPECIFIC 12,597
PROVISIONS OF THE CHILD SUPPORT ORDER DEALING WITH PARENTING TIME 12,598
OR VISITATION.
Sec. 3119.22. THE COURT MAY ORDER AN AMOUNT OF CHILD 12,600
SUPPORT THAT DEVIATES FROM THE AMOUNT OF CHILD SUPPORT THAT WOULD 12,601
OTHERWISE RESULT FROM THE USE OF THE BASIC CHILD SUPPORT SCHEDULE 12,602
AND THE APPLICABLE WORKSHEET, THROUGH THE LINE ESTABLISHING THE 12,603
ACTUAL ANNUAL OBLIGATION, IF, AFTER CONSIDERING THE FACTORS AND 12,604
CRITERIA SET FORTH IN SECTION 3119.23 OF THE REVISED CODE, THE 12,605
COURT DETERMINES THAT THE AMOUNT CALCULATED PURSUANT TO THE BASIC 12,606
CHILD SUPPORT SCHEDULE AND THE APPLICABLE WORKSHEET, THROUGH THE 12,607
LINE ESTABLISHING THE ACTUAL ANNUAL OBLIGATION, WOULD BE UNJUST 12,608
OR INAPPROPRIATE AND WOULD NOT BE IN THE BEST INTEREST OF THE 12,609
290
CHILD.
IF IT DEVIATES, THE COURT MUST ENTER IN THE JOURNAL THE 12,611
AMOUNT OF CHILD SUPPORT CALCULATED PURSUANT TO THE BASIC CHILD 12,612
SUPPORT SCHEDULE AND THE APPLICABLE WORKSHEET, THROUGH THE LINE 12,613
ESTABLISHING THE ACTUAL ANNUAL OBLIGATION, ITS DETERMINATION THAT 12,614
THAT AMOUNT WOULD BE UNJUST OR INAPPROPRIATE AND WOULD NOT BE IN 12,615
THE BEST INTEREST OF THE CHILD, AND FINDINGS OF FACT SUPPORTING 12,616
THAT DETERMINATION.
Sec. 3119.23. THE COURT MAY CONSIDER ANY OF THE FOLLOWING 12,619
FACTORS IN DETERMINING WHETHER TO GRANT A DEVIATION PURSUANT TO 12,620
SECTION 3119.22 OF THE REVISED CODE: 12,621
(A) SPECIAL AND UNUSUAL NEEDS OF THE CHILDREN; 12,623
(B) EXTRAORDINARY OBLIGATIONS FOR MINOR CHILDREN OR 12,625
OBLIGATIONS FOR HANDICAPPED CHILDREN WHO ARE NOT STEPCHILDREN AND 12,626
WHO ARE NOT OFFSPRING FROM THE MARRIAGE OR RELATIONSHIP THAT IS 12,627
THE BASIS OF THE IMMEDIATE CHILD SUPPORT DETERMINATION; 12,628
(C) OTHER COURT-ORDERED PAYMENTS; 12,630
(D) EXTENDED PARENTING TIME OR EXTRAORDINARY COSTS 12,633
ASSOCIATED WITH PARENTING TIME, PROVIDED THAT THIS DIVISION DOES 12,635
NOT AUTHORIZE AND SHALL NOT BE CONSTRUED AS AUTHORIZING ANY 12,636
DEVIATION FROM THE SCHEDULE AND THE APPLICABLE WORKSHEET, THROUGH 12,637
THE LINE ESTABLISHING THE ACTUAL ANNUAL OBLIGATION, OR ANY 12,639
ESCROWING, IMPOUNDMENT, OR WITHHOLDING OF CHILD SUPPORT BECAUSE 12,640
OF A DENIAL OF OR INTERFERENCE WITH A RIGHT OF PARENTING TIME 12,642
GRANTED BY COURT ORDER; 12,643
(E) THE OBLIGOR OBTAINS ADDITIONAL EMPLOYMENT AFTER A 12,645
CHILD SUPPORT ORDER IS ISSUED IN ORDER TO SUPPORT A SECOND 12,646
FAMILY; 12,647
(F) THE FINANCIAL RESOURCES AND THE EARNING ABILITY OF THE 12,649
CHILD; 12,650
(G) DISPARITY IN INCOME BETWEEN PARTIES OR HOUSEHOLDS; 12,652
(H) BENEFITS THAT EITHER PARENT RECEIVES FROM REMARRIAGE 12,654
OR SHARING LIVING EXPENSES WITH ANOTHER PERSON; 12,655
(I) THE AMOUNT OF FEDERAL, STATE, AND LOCAL TAXES ACTUALLY 12,657
291
PAID OR ESTIMATED TO BE PAID BY A PARENT OR BOTH OF THE PARENTS; 12,658
(J) SIGNIFICANT IN-KIND CONTRIBUTIONS FROM A PARENT, 12,660
INCLUDING, BUT NOT LIMITED TO, DIRECT PAYMENT FOR LESSONS, SPORTS 12,661
EQUIPMENT, SCHOOLING, OR CLOTHING; 12,662
(K) THE RELATIVE FINANCIAL RESOURCES, OTHER ASSETS AND 12,664
RESOURCES, AND NEEDS OF EACH PARENT; 12,665
(L) THE STANDARD OF LIVING AND CIRCUMSTANCES OF EACH 12,667
PARENT AND THE STANDARD OF LIVING THE CHILD WOULD HAVE ENJOYED 12,668
HAD THE MARRIAGE CONTINUED OR HAD THE PARENTS BEEN MARRIED; 12,669
(M) THE PHYSICAL AND EMOTIONAL CONDITION AND NEEDS OF THE 12,671
CHILD; 12,672
(N) THE NEED AND CAPACITY OF THE CHILD FOR AN EDUCATION 12,674
AND THE EDUCATIONAL OPPORTUNITIES THAT WOULD HAVE BEEN AVAILABLE 12,675
TO THE CHILD HAD THE CIRCUMSTANCES REQUIRING A COURT ORDER FOR 12,676
SUPPORT NOT ARISEN; 12,677
(O) THE RESPONSIBILITY OF EACH PARENT FOR THE SUPPORT OF 12,679
OTHERS; 12,680
(P) ANY OTHER RELEVANT FACTOR. 12,682
THE COURT MAY ACCEPT AN AGREEMENT OF THE PARENTS THAT 12,684
ASSIGNS A MONETARY VALUE TO ANY OF THE FACTORS AND CRITERIA 12,685
LISTED IN THIS SECTION THAT ARE APPLICABLE TO THEIR SITUATION. 12,688
IF THE COURT GRANTS A DEVIATION BASED ON DIVISION (P) OF 12,691
THIS SECTION, IT SHALL SPECIFICALLY STATE IN THE ORDER THE FACTS 12,693
THAT ARE THE BASIS FOR THE DEVIATION.
Sec. 3119.24. (A)(1) A COURT THAT ISSUES A SHARED 12,695
PARENTING ORDER IN ACCORDANCE WITH SECTION 3109.04 OF THE REVISED 12,697
CODE SHALL ORDER AN AMOUNT OF CHILD SUPPORT TO BE PAID UNDER THE 12,698
CHILD SUPPORT ORDER THAT IS CALCULATED IN ACCORDANCE WITH THE 12,699
SCHEDULE AND WITH THE WORKSHEET SET FORTH IN SECTION 3119.022 OF 12,701
THE REVISED CODE, THROUGH THE LINE ESTABLISHING THE ACTUAL ANNUAL 12,702
OBLIGATION, EXCEPT THAT, IF THAT AMOUNT WOULD BE UNJUST OR 12,703
INAPPROPRIATE TO THE CHILDREN OR EITHER PARENT AND WOULD NOT BE 12,704
IN THE BEST INTEREST OF THE CHILD BECAUSE OF THE EXTRAORDINARY 12,705
CIRCUMSTANCES OF THE PARENTS OR BECAUSE OF ANY OTHER FACTORS OR 12,706
292
CRITERIA SET FORTH IN SECTION 3119.23 OF THE REVISED CODE, THE 12,707
COURT MAY DEVIATE FROM THAT AMOUNT. 12,709
(2) THE COURT SHALL CONSIDER EXTRAORDINARY CIRCUMSTANCES 12,711
AND OTHER FACTORS OR CRITERIA IF IT DEVIATES FROM THE AMOUNT 12,712
DESCRIBED IN DIVISION (A)(1) OF THIS SECTION AND SHALL ENTER IN 12,714
THE JOURNAL THE AMOUNT DESCRIBED IN DIVISION (A)(1) OF THIS 12,715
SECTION, ITS DETERMINATION THAT THE AMOUNT WOULD BE UNJUST OR 12,716
INAPPROPRIATE AND WOULD NOT BE IN THE BEST INTEREST OF THE CHILD, 12,717
AND FINDINGS OF FACT SUPPORTING ITS DETERMINATION. 12,718
(B) FOR THE PURPOSES OF THIS SECTION, "EXTRAORDINARY 12,720
CIRCUMSTANCES OF THE PARENTS" INCLUDES ALL OF THE FOLLOWING: 12,722
(1) THE AMOUNT OF TIME THE CHILDREN SPEND WITH EACH 12,724
PARENT; 12,725
(2) THE ABILITY OF EACH PARENT TO MAINTAIN ADEQUATE 12,727
HOUSING FOR THE CHILDREN; 12,728
(3) EACH PARENT'S EXPENSES, INCLUDING CHILD CARE EXPENSES, 12,731
SCHOOL TUITION, MEDICAL EXPENSES, DENTAL EXPENSES, AND ANY OTHER 12,732
EXPENSES THE COURT CONSIDERS RELEVANT;
(4) ANY OTHER CIRCUMSTANCES THE COURT CONSIDERS RELEVANT. 12,734
Sec. 3119.27. A COURT THAT ISSUES OR MODIFIES A COURT 12,738
SUPPORT ORDER, OR AN ADMINISTRATIVE AGENCY THAT ISSUES OR 12,739
MODIFIES AN ADMINISTRATIVE CHILD SUPPORT ORDER, SHALL IMPOSE ON 12,740
THE OBLIGOR UNDER THE SUPPORT ORDER A PROCESSING CHARGE THAT IS 12,741
THE GREATER OF TWO PER CENT OF THE SUPPORT PAYMENT TO BE 12,742
COLLECTED UNDER A SUPPORT ORDER OR ONE DOLLAR PER MONTH. NO 12,743
COURT OR AGENCY MAY CALL THE CHARGE A POUNDAGE FEE. 12,744
Sec. 3119.28. (A) AS USED IN THIS SECTION, "CURRENT 12,746
SUPPORT PAYMENT" MEANS THE AMOUNT OF SUPPORT DUE AN OBLIGEE THAT 12,748
AN OBLIGOR IS REQUIRED TO PAY IN A PARTICULAR PAYMENT FOR THE 12,749
CURRENT MONTH AS SPECIFIED IN A SUPPORT ORDER. "CURRENT SUPPORT 12,750
PAYMENT" DOES NOT INCLUDE PAYMENTS ON ARREARAGES UNDER THE 12,751
SUPPORT ORDER.
(B) THE OBLIGOR SHALL PAY THE AMOUNT IMPOSED PURSUANT TO 12,754
SECTION 3119.27 OF THE REVISED CODE WITH EVERY CURRENT SUPPORT 12,755
293
PAYMENT, AND WITH EVERY PAYMENT ON ARREARAGES. 12,756
Sec. 3119.30. IN ANY ACTION OR PROCEEDING IN WHICH A CHILD 12,758
SUPPORT ORDER IS ISSUED OR MODIFIED, THE COURT, WITH RESPECT TO 12,760
COURT CHILD SUPPORT ORDERS, AND THE CHILD SUPPORT ENFORCEMENT 12,761
AGENCY, WITH RESPECT TO ADMINISTRATIVE CHILD SUPPORT ORDERS, 12,762
SHALL DETERMINE THE PARENT RESPONSIBLE FOR THE HEALTH CARE OF THE 12,763
CHILDREN SUBJECT TO THE CHILD SUPPORT ORDER AND SHALL INCLUDE IN
THE ORDER ONE OF THE FOLLOWING: 12,764
(A) A REQUIREMENT THAT THE OBLIGOR UNDER THE CHILD SUPPORT 12,766
ORDER OBTAIN HEALTH INSURANCE COVERAGE FOR THE CHILDREN IF 12,767
COVERAGE IS AVAILABLE AT A REASONABLE COST THROUGH A GROUP 12,768
POLICY, CONTRACT, OR PLAN OFFERED BY THE OBLIGOR'S EMPLOYER OR 12,770
THROUGH ANY OTHER GROUP POLICY, CONTRACT, OR PLAN AVAILABLE TO 12,771
THE OBLIGOR AND IS NOT AVAILABLE FOR A MORE REASONABLE COST 12,774
THROUGH A GROUP POLICY, CONTRACT, OR PLAN AVAILABLE TO THE 12,776
OBLIGEE;
(B) A REQUIREMENT THAT THE OBLIGEE OBTAIN HEALTH INSURANCE 12,779
COVERAGE FOR THE CHILDREN IF COVERAGE IS AVAILABLE THROUGH A 12,780
GROUP POLICY, CONTRACT, OR PLAN OFFERED BY THE OBLIGEE'S EMPLOYER 12,782
OR THROUGH ANY OTHER GROUP POLICY, CONTRACT, OR PLAN AVAILABLE TO 12,783
THE OBLIGEE AND IS AVAILABLE AT A MORE REASONABLE COST THAN 12,784
COVERAGE IS AVAILABLE TO THE OBLIGOR; 12,786
(C) IF HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS NOT 12,788
AVAILABLE AT A REASONABLE COST THROUGH A GROUP POLICY, CONTRACT, 12,791
OR PLAN OFFERED BY THE OBLIGOR'S OR OBLIGEE'S EMPLOYER OR THROUGH 12,792
ANY OTHER GROUP POLICY, CONTRACT, OR PLAN AVAILABLE TO THE 12,795
OBLIGOR OR THE OBLIGEE, A REQUIREMENT THAT THE OBLIGOR AND THE 12,796
OBLIGEE SHARE LIABILITY FOR THE COST OF THE MEDICAL AND HEALTH 12,797
CARE NEEDS OF THE CHILDREN, UNDER AN EQUITABLE FORMULA
ESTABLISHED BY THE COURT, AND A REQUIREMENT THAT IF, AFTER THE 12,799
ISSUANCE OF THE ORDER, HEALTH INSURANCE COVERAGE FOR THE CHILDREN 12,800
BECOMES AVAILABLE AT A REASONABLE COST THROUGH A GROUP POLICY, 12,802
CONTRACT, OR PLAN OFFERED BY THE OBLIGOR'S OR OBLIGEE'S EMPLOYER 12,803
OR THROUGH ANY OTHER GROUP POLICY, CONTRACT, OR PLAN AVAILABLE TO 12,805
294
THE OBLIGOR OR OBLIGEE, THE OBLIGOR OR OBLIGEE TO WHOM THE 12,806
COVERAGE BECOMES AVAILABLE IMMEDIATELY INFORM THE COURT;
(D) A REQUIREMENT THAT BOTH THE OBLIGOR AND THE OBLIGEE 12,809
OBTAIN HEALTH INSURANCE COVERAGE FOR THE CHILDREN IF COVERAGE IS 12,811
AVAILABLE FOR THE CHILDREN AT A REASONABLE COST TO BOTH THE 12,812
OBLIGOR AND THE OBLIGEE AND DUAL COVERAGE BY BOTH PARENTS WOULD 12,813
PROVIDE FOR COORDINATION OF MEDICAL BENEFITS WITHOUT UNNECESSARY 12,814
DUPLICATION OF COVERAGE.
Sec. 3119.301. AN ORDER ISSUED PURSUANT TO FORMER SECTION 12,817
3111.241 OR 3113.217 OF THE REVISED CODE AS THOSE SECTIONS
EXISTED PRIOR TO JANUARY 1, 1998, THAT WAS NOT TERMINATED ON OR 12,818
AFTER THAT DATE, AND THAT PROVIDES FOR THE HEALTH CARE NEEDS OF 12,819
CHILDREN SUBJECT TO A CHILD SUPPORT ORDER SHALL BE CONSIDERED TO 12,820
BE A REQUIREMENT INCLUDED AS PART OF THE CHILD SUPPORT ORDER. 12,821
THE CHILD SUPPORT ORDER SHALL BE CONSIDERED TO HAVE BEEN ISSUED 12,822
IN ACCORDANCE WITH FORMER SECTION 3111.241 OR 3113.217 OF THE 12,823
REVISED CODE AS THOSE SECTIONS EXISTED ON AND AFTER JANUARY 1,
1998, AND PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. A CHILD 12,824
SUPPORT ORDER ISSUED IN ACCORDANCE WITH, OR ANY NOTICE ISSUED 12,825
UNDER, FORMER SECTION 3111.241 OR 3113.217 OF THE REVISED CODE AS 12,826
THOSE SECTIONS EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION THAT WAS NOT TERMINATED ON OR AFTER THAT DATE SHALL BE 12,827
SUBJECT TO SECTIONS 3119.30 TO 3119.58 OF THE REVISED CODE ON AND 12,828
AFTER THAT DATE.
Sec. 3119.31. A CHILD SUPPORT ORDER SHALL CONTAIN ALL OF 12,831
THE FOLLOWING: 12,832
(A) IF THE OBLIGOR, OR BOTH THE OBLIGOR AND OBLIGEE ARE 12,835
REQUIRED UNDER SECTION 3119.30 OF THE REVISED CODE, TO PROVIDE 12,837
HEALTH INSURANCE COVERAGE FOR THE CHILDREN, A REQUIREMENT THAT 12,838
WHOEVER IS REQUIRED TO OBTAIN THE HEALTH INSURANCE COVERAGE DO 12,839
ALL OF THE FOLLOWING:
(1) PROVIDE THE OTHER WITH INFORMATION REGARDING THE 12,843
BENEFITS, LIMITATIONS, AND EXCLUSIONS OF THE COVERAGE, COPIES OF 12,844
ANY INSURANCE FORMS NECESSARY TO RECEIVE REIMBURSEMENT, PAYMENT, 12,845
295
OR OTHER BENEFITS UNDER THE COVERAGE, AND A COPY OF ANY NECESSARY 12,846
INSURANCE CARDS;
(2) SUBMIT A COPY OF THE CHILD SUPPORT ORDER ISSUED 12,850
PURSUANT TO SECTION 3119.30 OF THE REVISED CODE TO THE INSURER AT 12,851
THE TIME OF MAKING APPLICATION TO ENROLL THE CHILDREN UNDER THE 12,853
HEALTH INSURANCE POLICY, CONTRACT, OR PLAN; 12,854
(3) FURNISH WRITTEN PROOF TO THE CHILD SUPPORT ENFORCEMENT 12,857
AGENCY OF COMPLIANCE WITH THIS DIVISION.
(B) A LIST OF THE GROUP HEALTH INSURANCE POLICIES, 12,860
CONTRACTS, AND PLANS THAT THE COURT, WITH RESPECT TO A COURT 12,861
CHILD SUPPORT ORDER, OR THE CHILD SUPPORT ENFORCEMENT AGENCY,
WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER, DETERMINES 12,862
ARE AVAILABLE AT A REASONABLE COST TO THE OBLIGOR OR TO THE 12,863
OBLIGEE AND THE NAME OF THE INSURER THAT ISSUES EACH POLICY, 12,864
CONTRACT, OR PLAN; 12,865
(C) A STATEMENT SETTING FORTH THE NAME, ADDRESS, AND 12,867
TELEPHONE NUMBER OF THE INDIVIDUAL WHO IS TO BE REIMBURSED FOR 12,868
OUT-OF-POCKET MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION 12,869
EXPENSES PAID FOR EACH CHILD AND A STATEMENT THAT THE INSURER 12,870
THAT PROVIDES THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN MAY 12,872
CONTINUE MAKING PAYMENT FOR MEDICAL, OPTICAL, HOSPITAL, DENTAL, 12,873
OR PRESCRIPTION SERVICES DIRECTLY TO ANY HEALTH CARE PROVIDER IN 12,874
ACCORDANCE WITH THE APPLICABLE HEALTH INSURANCE POLICY, CONTRACT, 12,875
OR PLAN; 12,876
(D) A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE 12,878
DESIGNATE THE CHILDREN AS COVERED DEPENDENTS UNDER ANY HEALTH 12,880
INSURANCE POLICY, CONTRACT, OR PLAN FOR WHICH THEY CONTRACT; 12,881
(E) A REQUIREMENT THAT THE OBLIGOR, THE OBLIGEE, OR BOTH 12,883
OF THEM UNDER A FORMULA ESTABLISHED BY THE COURT, WITH RESPECT TO 12,884
A COURT CHILD SUPPORT ORDER, OR THE CHILD SUPPORT ENFORCEMENT 12,885
AGENCY, WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER, 12,886
PAY CO-PAYMENT OR DEDUCTIBLE COSTS REQUIRED UNDER THE HEALTH 12,887
INSURANCE POLICY, CONTRACT, OR PLAN THAT COVERS THE CHILDREN; 12,888
(F) A NOTICE THAT THE EMPLOYER OF THE OBLIGOR OR OBLIGEE 12,891
296
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IS REQUIRED TO 12,893
RELEASE TO THE OTHER PARENT OR THE CHILD SUPPORT ENFORCEMENT 12,894
AGENCY ON WRITTEN REQUEST ANY NECESSARY INFORMATION ON THE HEALTH 12,895
INSURANCE COVERAGE, INCLUDING THE NAME AND ADDRESS OF THE INSURER 12,896
AND ANY POLICY, CONTRACT, OR PLAN NUMBER, AND TO OTHERWISE COMPLY 12,897
WITH THIS SECTION AND ANY ORDER OR NOTICE ISSUED UNDER THIS 12,898
SECTION; 12,899
(G) A STATEMENT SETTING FORTH THE FULL NAME AND DATE OF 12,901
BIRTH OF EACH CHILD WHO IS THE SUBJECT OF THE CHILD SUPPORT 12,902
ORDER; 12,903
(H) A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE COMPLY 12,905
WITH ANY REQUIREMENT DESCRIBED IN SECTION 3119.30 OF THE REVISED 12,906
CODE AND DIVISIONS (A) AND (D) OF THIS SECTION THAT IS CONTAINED 12,907
IN AN ORDER ISSUED IN COMPLIANCE WITH THIS SECTION NO LATER THAN 12,909
THIRTY DAYS AFTER THE ISSUANCE OF THE ORDER. 12,911
(I) A NOTICE THAT IF THE OBLIGOR OR OBLIGEE FAILS TO 12,915
OBTAIN HEALTH INSURANCE COVERAGE REQUIRED BY A CHILD SUPPORT
ORDER, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL COMPLY WITH 12,917
SECTIONS 3119.40 AND 3119.41 OF THE REVISED CODE TO OBTAIN A 12,918
COURT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO OBTAIN THE HEALTH 12,920
INSURANCE COVERAGE;
(J) A NOTICE THAT STATES THE FOLLOWING: "IF THE PERSON 12,922
REQUIRED TO OBTAIN HEALTH CARE INSURANCE COVERAGE FOR THE 12,923
CHILDREN SUBJECT TO THIS CHILD SUPPORT ORDER OBTAINS NEW 12,924
EMPLOYMENT AND THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS 12,925
PROVIDED THROUGH THE PREVIOUS EMPLOYER, THE AGENCY SHALL COMPLY 12,926
WITH THE REQUIREMENTS OF SECTIONS 3119.43 AND 3119.44 OF THE 12,928
REVISED CODE, WHICH MAY RESULT IN THE ISSUANCE OF A NOTICE 12,929
REQUIRING THE NEW EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY 12,930
TO ENROLL THE CHILDREN IN HEALTH CARE INSURANCE COVERAGE PROVIDED 12,931
BY THE NEW EMPLOYER."
Sec. 3119.33. AN OBLIGEE UNDER A COURT CHILD SUPPORT ORDER 12,934
MAY FILE A MOTION WITH THE COURT THAT ISSUED THE ORDER REQUESTING 12,935
THAT THE COURT MODIFY THE ORDER TO REQUIRE THE OBLIGOR TO OBTAIN 12,936
297
HEALTH INSURANCE COVERAGE FOR THE CHILDREN WHO ARE THE SUBJECT OF 12,937
THE ORDER. AN OBLIGOR UNDER A COURT CHILD SUPPORT ORDER MAY FILE 12,938
A MOTION WITH THE COURT THAT ISSUED THE ORDER REQUESTING THAT THE 12,939
COURT MODIFY THE ORDER TO REQUIRE THE OBLIGEE TO OBTAIN HEALTH 12,940
INSURANCE COVERAGE FOR THOSE CHILDREN. 12,941
Sec. 3119.34. ON THE FILING OF A MOTION DESCRIBED IN 12,943
SECTION 3119.33 OF THE REVISED CODE, THE COURT SHALL ORDER THE 12,945
CHILD SUPPORT ENFORCEMENT AGENCY TO CONDUCT AN INVESTIGATION TO 12,946
DETERMINE WHETHER THE OBLIGOR OR OBLIGEE HAS SATISFACTORY HEALTH 12,947
INSURANCE COVERAGE FOR THE CHILDREN. UPON COMPLETION OF ITS 12,948
INVESTIGATION, THE AGENCY SHALL INFORM THE COURT, IN WRITING, OF 12,949
ITS DETERMINATION.
Sec. 3119.35. IF THE COURT DETERMINES THAT NEITHER THE 12,952
OBLIGOR NOR THE OBLIGEE HAS SATISFACTORY HEALTH INSURANCE 12,953
COVERAGE FOR THE CHILDREN, IT SHALL MODIFY THE COURT CHILD 12,954
SUPPORT ORDER IN ACCORDANCE WITH SECTIONS 3119.30 AND 3119.31 OF 12,955
THE REVISED CODE.
Sec. 3119.37. AN OBLIGOR OR OBLIGEE UNDER A COURT CHILD 12,958
SUPPORT ORDER MAY FILE A MOTION WITH THE COURT THAT ISSUED THE 12,959
ORDER REQUESTING THAT THE COURT MODIFY THE AMOUNT OF CHILD 12,960
SUPPORT REQUIRED TO BE PAID UNDER THE ORDER BECAUSE THAT AMOUNT 12,961
DOES NOT ADEQUATELY COVER THE MEDICAL NEEDS OF THE CHILD.
Sec. 3119.38. ON THE FILING OF A MOTION DESCRIBED IN 12,964
SECTION 3119.37 OF THE REVISED CODE, THE COURT SHALL DETERMINE 12,965
WHETHER THE AMOUNT OF CHILD SUPPORT REQUIRED TO BE PAID UNDER THE 12,966
COURT CHILD SUPPORT ORDER ADEQUATELY COVERS THE MEDICAL NEEDS OF 12,968
THE CHILD AND WHETHER TO MODIFY THE ORDER. 12,969
Sec. 3119.40. IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN 12,971
HEALTH INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER 12,972
ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE 12,973
DOES NOT OBTAIN THE REQUIRED COVERAGE WITHIN THIRTY DAYS AFTER 12,975
THE ORDER IS ISSUED, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL 12,976
NOTIFY THE COURT THAT ISSUED THE COURT CHILD SUPPORT ORDER OR, 12,977
WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER, THE COURT 12,978
298
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 12,980
THE CHILD SUPPORT ORDER. 12,981
Sec. 3119.41. ON RECEIPT OF A NOTICE DESCRIBED IN SECTION 12,984
3119.40 OF THE REVISED CODE FROM THE CHILD SUPPORT ENFORCEMENT 12,985
AGENCY, THE COURT SHALL ISSUE AN ORDER TO THE EMPLOYER OF THE 12,986
OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE 12,987
REQUIRING THE EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY TO 12,988
MAKE APPLICATION TO ENROLL THE OBLIGOR OR OBLIGEE REQUIRED TO 12,989
OBTAIN HEALTH INSURANCE COVERAGE IN ANY AVAILABLE GROUP HEALTH 12,990
INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN WITH COVERAGE 12,991
FOR THE CHILDREN, TO SUBMIT A COPY OF THE CHILD SUPPORT ORDER TO 12,994
THE INSURER AT THE TIME THAT THE EMPLOYER MAKES APPLICATION TO
ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE 12,995
POLICY, CONTRACT, OR PLAN, AND, IF THE APPLICATION IS ACCEPTED, 12,997
TO DEDUCT FROM THE WAGES OR OTHER INCOME OF THE OBLIGOR OR 12,998
OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE THE COST OF
THE COVERAGE FOR THE CHILDREN. THE COURT SHALL INCLUDE WITH THE 12,999
ORDER ISSUED UNDER THIS SECTION A COPY OF THE CHILD SUPPORT ORDER 13,000
REQUIRING HEALTH INSURANCE COVERAGE FOR THE CHILDREN SUBJECT TO 13,001
THE CHILD SUPPORT ORDER. THE COURT SHALL SEND COPIES OF THE 13,002
ORDERS BY ORDINARY MAIL TO THE OBLIGOR, OBLIGEE, AND EMPLOYER 13,003
SUBJECT TO THE ORDERS. UPON RECEIPT OF ANY ORDER UNDER THIS 13,005
SECTION, THE EMPLOYER SHALL TAKE WHATEVER ACTION IS NECESSARY TO 13,006
COMPLY WITH THE ORDER.
Sec. 3119.43. IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN 13,009
HEALTH INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER 13,010
OBTAINS HEALTH INSURANCE COVERAGE FOR THE CHILDREN THROUGH AN 13,011
EMPLOYER AND SUBSEQUENTLY OBTAINS NEW EMPLOYMENT, THE CHILD 13,012
SUPPORT ENFORCEMENT AGENCY SHALL INVESTIGATE AND DETERMINE 13,013
WHETHER THE NEW EMPLOYER OFFERS HEALTH INSURANCE COVERAGE THAT 13,014
WOULD COVER THE CHILDREN.
Sec. 3119.44. IF THE CHILD SUPPORT ENFORCEMENT AGENCY 13,016
DETERMINES THAT THE NEW EMPLOYER DESCRIBED IN SECTION 3119.43 OF 13,017
299
THE REVISED CODE PROVIDES HEALTH INSURANCE COVERAGE THAT WOULD 13,019
COVER THE CHILDREN, THE AGENCY SHALL SEND, BY ORDINARY MAIL, A 13,020
NOTICE DESCRIBED IN SECTION 3119.45 OF THE REVISED CODE TO THE 13,021
NEW EMPLOYER. THE AGENCY SHALL ALSO SEND, BY ORDINARY MAIL, A 13,022
COPY OF THE NOTICE TO THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN 13,024
HEALTH INSURANCE COVERAGE UNDER THE CHILD SUPPORT ORDER.
Sec. 3119.45. THE NOTICE REQUIRED BY SECTION 3119.44 OF 13,027
THE REVISED CODE SHALL CONTAIN THE FOLLOWING: 13,028
(A) A STATEMENT THAT THE OBLIGOR OR OBLIGEE SUBJECT TO A 13,030
CHILD SUPPORT ORDER, OR BOTH OF THEM, ARE REQUIRED TO OBTAIN 13,032
PURSUANT TO THE ORDER HEALTH INSURANCE COVERAGE IN ANY AVAILABLE 13,034
GROUP HEALTH INSURANCE POLICY, CONTRACT, OR PLAN FOR THE CHILDREN
WHO ARE THE SUBJECT OF THE ORDER; 13,035
(B) A REQUIREMENT THAT THE NEW EMPLOYER TAKE WHATEVER 13,038
ACTION IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR 13,039
OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY 13,040
AVAILABLE GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, 13,041
OR PLAN WITH COVERAGE FOR THE CHILDREN;
(C) A REQUIREMENT THAT THE NEW EMPLOYER SUBMIT A COPY OF 13,044
THE NOTICE DESCRIBED UNDER SECTION 3119.44 OF THE REVISED CODE TO 13,045
THE INSURER AT THE TIME THAT THE EMPLOYER MAKES APPLICATION TO 13,046
ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE 13,047
POLICY, CONTRACT, OR PLAN; 13,048
(D) A REQUIREMENT THAT, IF THE APPLICATION IS ACCEPTED, 13,051
THE NEW EMPLOYER DEDUCT FROM THE WAGES OR OTHER INCOME OF THE 13,052
OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN THE HEALTH INSURANCE 13,053
COVERAGE THE COST OF THE COVERAGE FOR THE CHILDREN; 13,054
(E) A STATEMENT THAT THE PROVISIONS OF THE NOTICE ARE 13,057
FINAL AND ENFORCEABLE BY A COURT AND ARE INCORPORATED INTO THE 13,058
CHILD SUPPORT ORDER UNLESS THE OBLIGOR OR OBLIGEE REQUIRED TO 13,059
OBTAIN HEALTH INSURANCE COVERAGE, WITHIN TEN DAYS AFTER THE DATE 13,060
ON WHICH THE NOTICE IS SENT, FILES A WRITTEN REQUEST WITH THE 13,061
AGENCY REQUESTING MODIFICATION OF THE CHILD SUPPORT ORDER.
Sec. 3119.46. THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT 13,063
300
STANDARD FORMS FOR THE NOTICES REQUIRED BY SECTION 3119.44 OF THE 13,064
REVISED CODE. ALL CHILD SUPPORT ENFORCEMENT AGENCIES SHALL USE 13,065
THE FORMS IN ISSUING NOTICES UNDER THAT SECTION. 13,066
Sec. 3119.47. A CHILD SUPPORT ORDER ISSUED IN ACCORDANCE 13,069
WITH SECTION 3119.30 OF THE REVISED CODE, ANY ORDER ISSUED UNDER
SECTION 3119.41 OF THE REVISED CODE, OR NOTICE ISSUED PURSUANT TO 13,070
SECTION 3119.44 OF THE REVISED CODE IS BINDING ON THE OBLIGOR AND 13,072
THE OBLIGEE, THEIR EMPLOYERS, AND ANY INSURER THAT PROVIDES 13,073
HEALTH INSURANCE COVERAGE FOR EITHER OF THEM OR THEIR CHILDREN. 13,074
Sec. 3119.48. DURING THE TIME THAT ANY CHILD SUPPORT ORDER 13,076
ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE, AN 13,077
ORDER ISSUED UNDER SECTION 3119.41 OF THE REVISED CODE, OR A 13,078
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 13,080
OR NOTICE, THE EMPLOYER OF THE OBLIGOR OR OBLIGEE REQUIRED TO 13,081
PROVIDE HEALTH INSURANCE COVERAGE SHALL COMPLY WITH THE ORDER OR 13,082
NOTICE.
Sec. 3119.49. ON REQUEST FROM THE OTHER PARENT OR THE 13,085
CHILD SUPPORT ENFORCEMENT AGENCY, THE EMPLOYER OF THE OBLIGOR OR 13,086
OBLIGEE REQUIRED TO PROVIDE HEALTH INSURANCE COVERAGE SHALL
RELEASE TO THE OTHER PARENT AND THE AGENCY ALL INFORMATION ABOUT 13,088
THE HEALTH INSURANCE COVERAGE THAT IS NECESSARY TO ENSURE 13,089
COMPLIANCE WITH SECTION 3119.30 OF THE REVISED CODE, AN ORDER 13,090
ISSUED UNDER SECTION 3119.41 OF THE REVISED CODE, OR A NOTICE 13,091
ISSUED UNDER SECTION 3119.44 OF THE REVISED CODE, THE NAME AND 13,092
ADDRESS OF THE INSURER AND ANY POLICY, CONTRACT, OR PLAN NUMBER. 13,093
Sec. 3119.491. INFORMATION PROVIDED BY AN EMPLOYER 13,095
PURSUANT TO SECTION 3119.49 OF THE REVISED CODE SHALL BE USED 13,096
ONLY FOR THE PURPOSE OF THE ENFORCEMENT OF AN ORDER ISSUED IN 13,097
ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE, AN ORDER
ISSUED UNDER SECTION 3119.41 OF THE REVISED CODE, OR A NOTICE 13,098
ISSUED PURSUANT TO SECTION 3119.44 OF THE REVISED CODE.
Sec. 3119.50. ANY EMPLOYER WHO RECEIVES A COPY OF AN ORDER 13,100
OR NOTICE DESCRIBED IN SECTION 3119.30, 3119.41, OR 3119.44 OF 13,102
301
THE REVISED CODE SHALL NOTIFY THE CHILD SUPPORT ENFORCEMENT 13,103
AGENCY OF ANY CHANGE IN OR THE TERMINATION OF THE HEALTH 13,104
INSURANCE COVERAGE THAT IS MAINTAINED PURSUANT TO THE ORDER OR 13,105
NOTICE.
Sec. 3119.51. AN INSURER THAT RECEIVES A COPY OF AN ORDER 13,107
OR NOTICE DESCRIBED IN SECTION 3119.30, 3119.41, OR 3119.44 OF 13,108
THE REVISED CODE SHALL COMPLY WITH IT IN ACCORDANCE WITH SECTIONS 13,109
3119.30 TO 3119.58 OF THE REVISED CODE, REGARDLESS OF THE
RESIDENCE OF THE CHILDREN. 13,110
Sec. 3119.52. AN INSURER THAT PROVIDES HEALTH INSURANCE 13,112
COVERAGE FOR THE CHILDREN WHO ARE THE SUBJECT OF A CHILD SUPPORT 13,113
ORDER IN ACCORDANCE WITH THE CHILD SUPPORT ORDER, AN ORDER ISSUED 13,115
UNDER SECTION 3119.41 OF THE REVISED CODE, OR A NOTICE ISSUED
PURSUANT TO SECTION 3119.44 OF THE REVISED CODE, SHALL REIMBURSE 13,117
THE PARENT WHO IS DESIGNATED TO RECEIVE REIMBURSEMENT IN THE 13,118
CHILD SUPPORT ORDER FOR COVERED OUT-OF-POCKET MEDICAL, OPTICAL, 13,119
HOSPITAL, DENTAL, OR PRESCRIPTION EXPENSES INCURRED ON BEHALF OF 13,120
THE CHILDREN.
Sec. 3119.53. NOTHING IN SECTIONS 3119.30 TO 3119.58 OF 13,122
THE REVISED CODE SHALL BE CONSTRUED TO REQUIRE AN INSURER TO 13,124
ACCEPT FOR ENROLLMENT ANY CHILD WHO DOES NOT MEET THE 13,125
UNDERWRITING STANDARDS OF THE HEALTH INSURANCE POLICY, CONTRACT, 13,126
OR PLAN FOR WHICH APPLICATION IS MADE.
Sec. 3119.54. IF AN OBLIGEE UNDER A CHILD SUPPORT ORDER 13,128
ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE IS 13,130
ELIGIBLE FOR MEDICAL ASSISTANCE UNDER CHAPTER 5111. OR 5115. OF 13,131
THE REVISED CODE AND THE OBLIGOR HAS OBTAINED HEALTH INSURANCE 13,132
COVERAGE, THE OBLIGEE SHALL NOTIFY ANY PHYSICIAN, HOSPITAL, OR 13,133
OTHER PROVIDER OF MEDICAL SERVICES FOR WHICH MEDICAL ASSISTANCE 13,134
IS AVAILABLE OF THE NAME AND ADDRESS OF THE OBLIGOR'S INSURER AND 13,135
OF THE NUMBER OF THE OBLIGOR'S HEALTH INSURANCE POLICY, CONTRACT, 13,137
OR PLAN. ANY PHYSICIAN, HOSPITAL, OR OTHER PROVIDER OF MEDICAL 13,138
SERVICES FOR WHICH MEDICAL ASSISTANCE IS AVAILABLE UNDER CHAPTER 13,139
5111. OR 5115. OF THE REVISED CODE WHO IS NOTIFIED UNDER THIS 13,141
302
DIVISION OF THE EXISTENCE OF A HEALTH INSURANCE POLICY, CONTRACT, 13,142
OR PLAN WITH COVERAGE FOR CHILDREN WHO ARE ELIGIBLE FOR MEDICAL 13,143
ASSISTANCE SHALL FIRST BILL THE INSURER FOR ANY SERVICES PROVIDED 13,144
FOR THOSE CHILDREN. IF THE INSURER FAILS TO PAY ALL OR ANY PART 13,145
OF A CLAIM FILED UNDER THIS SECTION AND THE SERVICES FOR WHICH 13,146
THE CLAIM IS FILED ARE COVERED BY CHAPTER 5111. OR 5115. OF THE 13,148
REVISED CODE, THE PHYSICIAN, HOSPITAL, OR OTHER MEDICAL SERVICES 13,150
PROVIDER SHALL BILL THE REMAINING UNPAID COSTS OF THE SERVICES IN 13,151
ACCORDANCE WITH CHAPTER 5111. OR 5115. OF THE REVISED CODE. 13,152
Sec. 3119.56. AN OBLIGOR WHO FAILS TO COMPLY WITH A CHILD 13,154
SUPPORT ORDER ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE 13,156
REVISED CODE, OR AN ORDER ISSUED UNDER SECTION 3119.41 OF THE 13,157
REVISED CODE, IS LIABLE TO THE OBLIGEE FOR ANY MEDICAL EXPENSES 13,159
INCURRED AS A RESULT OF THE FAILURE TO COMPLY WITH THE ORDER. AN 13,161
OBLIGEE WHO FAILS TO COMPLY WITH A CHILD SUPPORT ORDER ISSUED IN 13,162
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 13,164
OBLIGOR FOR ANY MEDICAL EXPENSES INCURRED AS A RESULT OF THE 13,165
FAILURE TO COMPLY WITH THE ORDER.
Sec. 3119.57. WHOEVER VIOLATES A COURT CHILD SUPPORT ORDER 13,167
ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE, OR 13,168
AN ORDER ISSUED UNDER SECTION 3119.41 OF THE REVISED CODE, MAY BE 13,170
PUNISHED AS FOR CONTEMPT UNDER CHAPTER 2705. OF THE REVISED CODE. 13,171
Sec. 3119.58. IF AN OBLIGOR IS FOUND IN CONTEMPT UNDER 13,174
CHAPTER 2705. FOR FAILING TO COMPLY WITH A COURT CHILD SUPPORT
ORDER ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE REVISED 13,175
CODE, OR AN ORDER ISSUED UNDER SECTION 3119.41 OF THE REVISED 13,176
CODE TO ENFORCE A COURT CHILD SUPPORT ORDER'S HEALTH INSURANCE 13,177
PROVISIONS AND THE OBLIGOR PREVIOUSLY HAS BEEN FOUND IN CONTEMPT 13,179
UNDER THAT CHAPTER, THE COURT SHALL CONSIDER THE OBLIGOR'S 13,180
FAILURE TO COMPLY WITH THE ORDER AS A CHANGE IN CIRCUMSTANCES FOR 13,182
THE PURPOSE OF MODIFICATION OF THE AMOUNT OF SUPPORT DUE UNDER 13,183
THE COURT CHILD SUPPORT ORDER ISSUED IN ACCORDANCE WITH SECTION 13,184
3119.30 OF THE REVISED CODE.
303
Sec. 3119.60. IF A CHILD SUPPORT ENFORCEMENT AGENCY, 13,186
PERIODICALLY OR ON REQUEST OF AN OBLIGOR OR OBLIGEE, PLANS TO 13,187
REVIEW A CHILD SUPPORT ORDER IN ACCORDANCE WITH THE RULES ADOPTED 13,188
PURSUANT TO SECTION 3119.76 OF THE REVISED CODE OR OTHERWISE 13,189
PLANS TO REVIEW A CHILD SUPPORT ORDER, IT SHALL DO ALL OF THE 13,191
FOLLOWING PRIOR TO FORMALLY BEGINNING THE REVIEW: 13,192
(A) ESTABLISH A DATE CERTAIN ON WHICH THE REVIEW WILL 13,194
FORMALLY BEGIN; 13,195
(B) AT LEAST FORTY-FIVE DAYS BEFORE FORMALLY BEGINNING THE 13,198
REVIEW, SEND THE OBLIGOR AND THE OBLIGEE NOTICE OF THE PLANNED 13,199
REVIEW AND OF THE DATE WHEN THE REVIEW WILL FORMALLY BEGIN; 13,200
(C)(1) REQUEST THE OBLIGOR TO PROVIDE THE AGENCY, NO LATER 13,202
THAN THE SCHEDULED DATE FOR FORMALLY BEGINNING THE REVIEW, WITH 13,203
ALL OF THE FOLLOWING: 13,204
(a) A COPY OF THE OBLIGOR'S FEDERAL INCOME TAX RETURN FROM 13,206
THE PREVIOUS YEAR; 13,207
(b) A COPY OF ALL PAY STUBS OBTAINED BY THE OBLIGOR WITHIN 13,209
THE PRECEDING SIX MONTHS; 13,210
(c) A COPY OF ALL OTHER RECORDS EVIDENCING THE RECEIPT OF 13,213
ANY OTHER SALARY, WAGES, OR COMPENSATION BY THE OBLIGOR WITHIN 13,214
THE PRECEDING SIX MONTHS;
(d) A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE 13,217
POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGOR AND THEIR 13,218
COSTS;
(e) THE CURRENT HEALTH INSURANCE OR HEALTH CARE POLICY, 13,221
CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS ENROLLED AND ITS
COST; 13,222
(f) ANY OTHER INFORMATION NECESSARY TO PROPERLY REVIEW THE 13,225
CHILD SUPPORT ORDER.
(2) THE AGENCY SHALL REQUEST THE OBLIGEE TO PROVIDE THE 13,227
AGENCY, NO LATER THAN THE SCHEDULED DATE FOR FORMALLY BEGINNING 13,229
THE REVIEW, WITH ALL OF THE FOLLOWING:
(a) A COPY OF THE OBLIGEE'S FEDERAL INCOME TAX RETURN FROM 13,232
THE PREVIOUS YEAR;
304
(b) A COPY OF ALL PAY STUBS OBTAINED BY THE OBLIGEE WITHIN 13,234
THE PRECEDING SIX MONTHS; 13,235
(c) A COPY OF ALL OTHER RECORDS EVIDENCING THE RECEIPT OF 13,238
ANY OTHER SALARY, WAGES, OR COMPENSATION BY THE OBLIGEE WITHIN 13,239
THE PRECEDING SIX MONTHS;
(d) A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE 13,242
POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGEE AND THEIR 13,243
COSTS;
(e) THE CURRENT HEALTH INSURANCE OR HEALTH CARE POLICY, 13,245
CONTRACT, OR PLAN UNDER WHICH THE OBLIGEE IS ENROLLED AND ITS 13,246
COST;
(f) ANY OTHER INFORMATION NECESSARY TO PROPERLY REVIEW THE 13,249
CHILD SUPPORT ORDER.
(D) INCLUDE IN THE NOTICE SENT PURSUANT TO DIVISION (B) OF 13,252
THIS SECTION, ONE OF THE FOLLOWING:
(1) IF THE CHILD SUPPORT ORDER BEING REVIEWED IS A COURT 13,254
CHILD SUPPORT ORDER, A NOTICE THAT A WILLFUL FAILURE TO PROVIDE 13,256
THE DOCUMENTS AND OTHER INFORMATION REQUESTED PURSUANT TO
DIVISION (C) OF THIS SECTION IS CONTEMPT OF COURT; 13,258
(2) IF THE CHILD SUPPORT ORDER BEING REVIEWED IS AN 13,260
ADMINISTRATIVE CHILD SUPPORT ORDER, A NOTICE THAT IF EITHER THE 13,261
OBLIGOR OR OBLIGEE FAILS TO COMPLY WITH THE REQUEST FOR 13,262
INFORMATION, THE AGENCY MAY BRING AN ACTION UNDER SECTION 3119.72 13,263
OF THE REVISED CODE REQUESTING THAT THE COURT FIND THE OBLIGOR 13,264
AND THE OBLIGEE IN CONTEMPT PURSUANT TO SECTION 2705.02 OF THE
REVISED CODE.
Sec. 3119.61. THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL 13,266
REVIEW AN ADMINISTRATIVE CHILD SUPPORT ORDER ON THE DATE 13,268
ESTABLISHED PURSUANT TO SECTION 3119.60 OF THE REVISED CODE FOR
FORMALLY BEGINNING THE REVIEW OF THE ORDER. IF THE AGENCY 13,270
DETERMINES THAT A MODIFICATION IS NECESSARY AND IN THE BEST
INTEREST OF THE CHILD SUBJECT TO THE ORDER, THE AGENCY SHALL 13,271
CALCULATE THE AMOUNT THE OBLIGOR SHALL PAY IN ACCORDANCE WITH 13,272
SECTION 3119.021 OF THE REVISED CODE. THE AGENCY MAY NOT GRANT A 13,274
305
DEVIATION PURSUANT TO SECTION 3119.23 OF THE REVISED CODE FROM
THE GUIDELINES SET FORTH IN SECTION 3119.021 OF THE REVISED CODE. 13,275
IF THE AGENCY CAN SET THE CHILD SUPPORT THE OBLIGOR IS TO PAY 13,276
WITHOUT GRANTING SUCH A DEVIATION FROM THE GUIDELINES, THE AGENCY 13,278
SHALL DO THE FOLLOWING:
(A) GIVE THE OBLIGOR AND OBLIGEE NOTICE OF THE REVISED 13,280
AMOUNT OF CHILD SUPPORT TO BE PAID UNDER THE ADMINISTRATIVE CHILD 13,281
SUPPORT ORDER, OF THEIR RIGHT TO REQUEST AN ADMINISTRATIVE 13,282
HEARING ON THE REVISED CHILD SUPPORT AMOUNT, OF THE PROCEDURES 13,283
AND TIME DEADLINES FOR REQUESTING THE HEARING, AND THAT THE 13,284
AGENCY WILL MODIFY THE ADMINISTRATIVE CHILD SUPPORT ORDER TO
INCLUDE THE REVISED CHILD SUPPORT AMOUNT UNLESS THE OBLIGOR OR 13,285
OBLIGEE REQUESTS AN ADMINISTRATIVE HEARING ON THE REVISED AMOUNT 13,286
NO LATER THAN THIRTY DAYS AFTER RECEIPT OF THE NOTICE UNDER THIS 13,287
DIVISION;
(B) IF NEITHER THE OBLIGOR NOR OBLIGEE TIMELY REQUESTS AN 13,289
ADMINISTRATIVE HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT, 13,290
THE AGENCY SHALL MODIFY THE ADMINISTRATIVE CHILD SUPPORT ORDER TO 13,291
INCLUDE THE REVISED CHILD SUPPORT AMOUNT; 13,292
(C) IF THE OBLIGOR OR OBLIGEE TIMELY REQUESTS AN 13,294
ADMINISTRATIVE HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT, 13,295
THE AGENCY SHALL DO ALL OF THE FOLLOWING: 13,296
(1) SCHEDULE A HEARING ON THE ISSUE; 13,299
(2) GIVE THE OBLIGOR AND OBLIGEE NOTICE OF THE DATE, TIME, 13,301
AND LOCATION OF THE HEARING; 13,302
(3) CONDUCT THE HEARING IN ACCORDANCE WITH THE RULES 13,304
ADOPTED UNDER SECTION 3119.76 OF THE REVISED CODE; 13,305
(4) REDETERMINE AT THE HEARING A REVISED AMOUNT OF CHILD 13,308
SUPPORT TO BE PAID UNDER THE ADMINISTRATIVE CHILD SUPPORT ORDER; 13,309
(5) MODIFY THE ORDER TO INCLUDE THE REVISED AMOUNT OF 13,311
CHILD SUPPORT; 13,312
(6) GIVE NOTICE TO THE OBLIGOR AND OBLIGEE OF THE AMOUNT 13,314
OF CHILD SUPPORT TO BE PAID UNDER THE ORDER AND THAT THE OBLIGOR 13,315
AND OBLIGEE MAY OBJECT TO THE MODIFIED ORDER BY INITIATING AN 13,316
306
ACTION UNDER SECTION 2151.231 OF THE REVISED CODE IN THE JUVENILE 13,317
COURT OF THE COUNTY IN WHICH THE MOTHER, THE FATHER, THE CHILD, 13,318
OR THE GUARDIAN OR CUSTODIAN OF THE CHILD RESIDE.
IF THE AGENCY MODIFIES AN EXISTING ADMINISTRATIVE CHILD 13,320
SUPPORT ORDER, THE MODIFICATION SHALL RELATE BACK TO THE FIRST 13,321
DAY OF THE MONTH FOLLOWING THE DATE CERTAIN ON WHICH THE REVIEW 13,322
BEGAN UNDER SECTION 3119.60 OF THE REVISED CODE.
IF THE AGENCY CANNOT SET THE AMOUNT OF CHILD SUPPORT THE 13,324
OBLIGOR WILL PAY UNDER THE ADMINISTRATIVE CHILD SUPPORT ORDER 13,325
WITHOUT GRANTING A DEVIATION PURSUANT TO SECTION 3119.23 OF THE 13,326
REVISED CODE, THE AGENCY SHALL BRING AN ACTION UNDER SECTION 13,327
2151.231 OF THE REVISED CODE ON BEHALF OF THE PERSON WHO 13,328
REQUESTED THAT THE AGENCY REVIEW THE EXISTING ADMINISTRATIVE 13,329
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 13,330
AGENCY IS LOCATED REQUESTING THAT THE COURT ISSUE A CHILD SUPPORT 13,331
ORDER.
Sec. 3119.63. THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL 13,333
REVIEW A COURT CHILD SUPPORT ORDER ON THE DATE ESTABLISHED 13,335
PURSUANT TO SECTION 3119.60 OF THE REVISED CODE FOR FORMALLY 13,336
BEGINNING THE REVIEW OF THE ORDER AND SHALL DO ALL OF THE 13,337
FOLLOWING:
(A) CALCULATE A REVISED AMOUNT OF CHILD SUPPORT TO BE PAID 13,339
UNDER THE COURT CHILD SUPPORT ORDER; 13,340
(B) GIVE THE OBLIGOR AND OBLIGEE NOTICE OF THE REVISED 13,342
AMOUNT OF CHILD SUPPORT, OF THEIR RIGHT TO REQUEST AN 13,344
ADMINISTRATIVE HEARING ON THE REVISED AMOUNT, OF THE PROCEDURES 13,345
AND TIME DEADLINES FOR REQUESTING THE HEARING, AND THAT THE 13,346
REVISED AMOUNT OF CHILD SUPPORT WILL BE SUBMITTED TO THE COURT 13,347
FOR INCLUSION IN A REVISED COURT CHILD SUPPORT ORDER UNLESS THE 13,348
OBLIGOR OR OBLIGEE REQUESTS AN ADMINISTRATIVE HEARING ON THE 13,349
PROPOSED CHANGE WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE NOTICE 13,350
UNDER THIS DIVISION;
(C) GIVE THE OBLIGOR AND OBLIGEE NOTICE THAT IF THE COURT 13,353
307
CHILD SUPPORT ORDER CONTAINS A DEVIATION GRANTED UNDER SECTION 13,355
3119.23 OF THE REVISED CODE OR IF THE OBLIGOR OR OBLIGEE INTEND
TO REQUEST A DEVIATION FROM THE CHILD SUPPORT AMOUNT TO BE PAID 13,356
UNDER THE COURT CHILD SUPPORT ORDER, THE OBLIGOR AND OBLIGEE HAVE 13,357
A RIGHT TO REQUEST A COURT HEARING ON THE REVISED AMOUNT OF CHILD 13,358
SUPPORT WITHOUT FIRST REQUESTING AN ADMINISTRATIVE HEARING AND 13,359
THAT THE OBLIGOR OR OBLIGEE, IN ORDER TO EXERCISE THIS RIGHT, 13,360
MUST MAKE THE REQUEST FOR A COURT HEARING NO LATER THAN FOURTEEN 13,362
DAYS AFTER RECEIPT OF THE NOTICE;
(D) IF NEITHER THE OBLIGOR NOR THE OBLIGEE TIMELY REQUESTS 13,364
AN ADMINISTRATIVE OR COURT HEARING ON THE REVISED AMOUNT OF CHILD 13,365
SUPPORT, SUBMIT THE REVISED AMOUNT OF CHILD SUPPORT TO THE COURT 13,367
FOR INCLUSION IN A REVISED COURT CHILD SUPPORT ORDER; 13,368
(E) IF THE OBLIGOR OR THE OBLIGEE TIMELY REQUESTS AN 13,370
ADMINISTRATIVE HEARING ON THE REVISED CHILD SUPPORT AMOUNT, THE 13,371
AGENCY SHALL SCHEDULE A HEARING ON THE ISSUE, GIVE THE OBLIGOR 13,373
AND OBLIGEE NOTICE OF THE DATE, TIME, AND LOCATION OF THE 13,374
HEARING, CONDUCT THE HEARING IN ACCORDANCE WITH THE RULES ADOPTED 13,375
UNDER SECTION 3119.76 OF THE REVISED CODE, REDETERMINE AT THE 13,376
HEARING A REVISED AMOUNT OF CHILD SUPPORT TO BE PAID UNDER THE 13,378
COURT CHILD SUPPORT ORDER, AND GIVE NOTICE TO THE OBLIGOR AND 13,379
OBLIGEE OF THE REVISED AMOUNT OF CHILD SUPPORT, THAT THEY MAY 13,380
REQUEST A COURT HEARING ON THE REVISED AMOUNT, AND THAT THE
AGENCY WILL SUBMIT THE REVISED AMOUNT OF CHILD SUPPORT TO THE 13,384
COURT FOR INCLUSION IN A REVISED COURT CHILD SUPPORT ORDER, IF 13,385
NEITHER THE OBLIGOR NOR THE OBLIGEE REQUESTS A COURT HEARING ON 13,386
THE REVISED AMOUNT OF CHILD SUPPORT;
(F) IF NEITHER THE OBLIGOR NOR THE OBLIGEE REQUESTS A 13,388
COURT HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT, SUBMIT THE 13,389
REVISED AMOUNT OF CHILD SUPPORT TO THE COURT FOR INCLUSION IN A 13,391
REVISED COURT CHILD SUPPORT ORDER. 13,392
Sec. 3119.64. IF AN OBLIGOR OR OBLIGEE FILES A REQUEST FOR 13,394
A COURT HEARING ON A REVISED AMOUNT OF CHILD SUPPORT TO BE PAID 13,395
UNDER A COURT CHILD SUPPORT ORDER IN ACCORDANCE WITH SECTION 13,397
308
3119.63 OF THE REVISED CODE AND THE RULES ADOPTED UNDER SECTION
3119.76 OF THE REVISED CODE, THE COURT SHALL CONDUCT A HEARING IN 13,398
ACCORDANCE WITH SECTION 3119.66 OF THE REVISED CODE. 13,400
Sec. 3119.65. IF NEITHER THE OBLIGOR NOR THE OBLIGEE 13,403
REQUESTS A COURT HEARING ON A REVISED AMOUNT OF CHILD SUPPORT TO 13,404
BE PAID UNDER A COURT CHILD SUPPORT ORDER IN ACCORDANCE WITH 13,405
SECTION 3119.63 OF THE REVISED CODE, THE COURT SHALL ISSUE A
REVISED COURT CHILD SUPPORT ORDER TO REQUIRE THE OBLIGOR TO PAY 13,406
THE REVISED AMOUNT OF CHILD SUPPORT CALCULATED BY THE CHILD 13,407
SUPPORT ENFORCEMENT AGENCY. 13,408
Sec. 3119.66. IF THE OBLIGOR OR THE OBLIGEE REQUESTS A 13,410
COURT HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT CALCULATED 13,411
BY THE CHILD SUPPORT ENFORCEMENT AGENCY, THE COURT SHALL SCHEDULE 13,413
AND CONDUCT A HEARING TO DETERMINE WHETHER THE REVISED AMOUNT OF 13,414
CHILD SUPPORT IS THE APPROPRIATE AMOUNT AND WHETHER THE AMOUNT OF 13,415
CHILD SUPPORT BEING PAID UNDER THE COURT CHILD SUPPORT ORDER 13,416
SHOULD BE REVISED.
Sec. 3119.67. A COURT REQUIRED TO SCHEDULE AND CONDUCT A 13,418
HEARING PURSUANT TO SECTION 3119.66 OF THE REVISED CODE SHALL 13,421
GIVE THE OBLIGOR, OBLIGEE, AND CHILD SUPPORT ENFORCEMENT AGENCY
AT LEAST THIRTY DAYS' NOTICE OF THE DATE, TIME, AND LOCATION OF 13,423
THE HEARING.
Sec. 3119.68. A COURT REQUIRED TO SCHEDULE AND CONDUCT A 13,425
HEARING PURSUANT TO SECTION 3119.66 OF THE REVISED CODE SHALL DO 13,428
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) 13,430
TO (5) OF THIS SECTION:
(A) ORDER THE OBLIGOR TO PROVIDE THE COURT WITH ALL OF THE 13,432
FOLLOWING: 13,433
(1) A COPY OF THE OBLIGOR'S FEDERAL INCOME TAX RETURN FROM 13,436
THE PREVIOUS YEAR;
(2) A COPY OF ALL PAY STUBS OBTAINED BY THE OBLIGOR WITHIN 13,439
THE PRECEDING SIX MONTHS; 13,440
(3) A COPY OF ALL OTHER RECORDS EVIDENCING THE RECEIPT OF 13,443
309
ANY OTHER SALARY, WAGES, OR COMPENSATION BY THE OBLIGOR WITHIN 13,444
THE PRECEDING SIX MONTHS;
(4) A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE 13,447
POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGOR AND THEIR 13,448
COSTS;
(5) THE CURRENT HEALTH INSURANCE OR HEALTH CARE POLICY, 13,451
CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS ENROLLED AND ITS
COST. 13,452
(B) ORDER THE OBLIGEE TO PROVIDE THE COURT WITH ALL OF THE 13,455
FOLLOWING:
(1) A COPY OF THE OBLIGEE'S FEDERAL INCOME TAX RETURN FROM 13,458
THE PREVIOUS YEAR;
(2) A COPY OF ALL PAY STUBS OBTAINED BY THE OBLIGEE WITHIN 13,461
THE PRECEDING SIX MONTHS;
(3) A COPY OF ALL OTHER RECORDS EVIDENCING THE RECEIPT OF 13,464
ANY OTHER SALARY, WAGES, OR COMPENSATION BY THE OBLIGEE WITHIN 13,465
THE PRECEDING SIX MONTHS; 13,466
(4) A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE 13,468
POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGEE AND THEIR 13,469
COSTS;
(5) THE CURRENT HEALTH INSURANCE OR HEALTH CARE POLICY, 13,471
CONTRACT, OR PLAN UNDER WHICH THE OBLIGEE IS ENROLLED AND ITS 13,473
COST.
Sec. 3119.69. A COURT REQUIRED TO SCHEDULE AND CONDUCT A 13,475
HEARING PURSUANT TO SECTION 3119.66 OF THE REVISED CODE SHALL 13,478
GIVE THE OBLIGOR AND THE OBLIGEE NOTICE THAT ANY WILLFUL FAILURE 13,479
TO COMPLY WITH A COURT ORDER IS CONTEMPT OF COURT AND, ON A 13,480
FINDING BY THE COURT THAT A PERSON IS IN CONTEMPT OF COURT, THE 13,481
COURT AND THE CHILD SUPPORT ENFORCEMENT AGENCY WILL TAKE ANY 13,483
ACTION NECESSARY TO OBTAIN THE INFORMATION OR MAKE ANY REASONABLE 13,484
ASSUMPTIONS NECESSARY WITH RESPECT TO THE INFORMATION THE PERSON 13,486
IN CONTEMPT OF COURT DID NOT PROVIDE TO ENSURE A FAIR AND
EQUITABLE REVIEW OF THE COURT CHILD SUPPORT ORDER. 13,488
Sec. 3119.70. A COURT THAT CONDUCTS A HEARING PURSUANT TO 13,491
310
SECTION 3119.66 OF THE REVISED CODE SHALL DO BOTH OF THE 13,492
FOLLOWING:
(A) IF THE COURT DETERMINES AT THE HEARING THAT THE 13,494
REVISED CHILD SUPPORT AMOUNT CALCULATED BY THE CHILD SUPPORT 13,495
ENFORCEMENT AGENCY IS THE APPROPRIATE AMOUNT, ISSUE A REVISED 13,496
COURT CHILD SUPPORT ORDER REQUIRING THE OBLIGOR TO PAY THE 13,497
REVISED AMOUNT;
(B) IF THE COURT DETERMINES THAT THE REVISED CHILD SUPPORT 13,499
AMOUNT CALCULATED BY THE AGENCY IS NOT THE APPROPRIATE AMOUNT, 13,500
DETERMINE THE APPROPRIATE CHILD SUPPORT AMOUNT AND, IF NECESSARY, 13,501
ISSUE A REVISED COURT CHILD SUPPORT ORDER REQUIRING THE OBLIGOR 13,502
TO PAY THE CHILD SUPPORT AMOUNT DETERMINED BY THE COURT. 13,503
Sec. 3119.71. IF THE OBLIGOR OR OBLIGEE DOES NOT REQUEST A 13,505
COURT HEARING ON THE REVISED CHILD SUPPORT AMOUNT DETERMINED BY 13,506
THE CHILD SUPPORT ENFORCEMENT AGENCY AND FILED WITH THE COURT 13,508
PURSUANT TO SECTION 3119.63 OF THE REVISED CODE AND THE COURT 13,510
MODIFIES THE ORDER TO INCLUDE THE REVISED AMOUNT PURSUANT TO 13,511
SECTION 3119.65 OF THE REVISED CODE, THE MODIFICATION SHALL 13,513
RELATE BACK TO THE FIRST DAY OF THE MONTH FOLLOWING THE DATE 13,514
CERTAIN ON WHICH THE REVIEW OF THE COURT CHILD SUPPORT ORDER 13,515
BEGAN PURSUANT TO DIVISION (A) OF SECTION 3119.60 OF THE REVISED 13,517
CODE. IF THE OBLIGOR OR OBLIGEE REQUESTS A COURT HEARING ON THE 13,519
REVISED CHILD SUPPORT AMOUNT AND THE COURT, AFTER CONDUCTING A 13,521
HEARING, MODIFIES THE COURT CHILD SUPPORT AMOUNT UNDER THE ORDER, 13,522
THE MODIFICATION SHALL RELATE BACK TO THE FIRST DAY OF THE MONTH 13,524
FOLLOWING THE DATE ON WHICH THE REVIEW OF THE COURT CHILD SUPPORT 13,525
ORDER BEGAN PURSUANT TO DIVISION (A) OF SECTION 3119.60 OF THE 13,527
REVISED CODE.
Sec. 3119.72. IF EITHER THE OBLIGOR OR THE OBLIGEE FAILS 13,529
TO COMPLY WITH A REQUEST FOR INFORMATION MADE PURSUANT TO 13,530
DIVISION (C) OF SECTION 3119.60 OF THE REVISED CODE, ONE OF THE 13,531
FOLLOWING APPLIES: 13,532
(A) IF THE CHILD SUPPORT ORDER BEING REVIEWED IS A COURT 13,534
CHILD SUPPORT ORDER, FAILURE TO COMPLY WITH A REQUEST FOR 13,535
311
INFORMATION IS CONTEMPT OF COURT, AND THE CHILD SUPPORT 13,537
ENFORCEMENT AGENCY SHALL NOTIFY THE COURT OF THE FAILURE TO
COMPLY WITH THE REQUEST FOR INFORMATION. THE AGENCY MAY REQUEST 13,539
THE COURT TO ISSUE AN ORDER REQUIRING THE OBLIGOR OR THE OBLIGEE 13,540
TO PROVIDE THE INFORMATION AS REQUESTED OR TAKE WHATEVER ACTION 13,541
IS NECESSARY TO OBTAIN THE INFORMATION AND MAKE ANY REASONABLE 13,542
ASSUMPTIONS NECESSARY WITH RESPECT TO THE INFORMATION THE PERSON 13,543
IN CONTEMPT OF COURT DID NOT PROVIDE TO ENSURE A FAIR AND 13,545
EQUITABLE REVIEW OF THE CHILD SUPPORT ORDER. 13,547
(B) IF THE CHILD SUPPORT ORDER BEING REVIEWED IS AN 13,549
ADMINISTRATIVE CHILD SUPPORT ORDER, THE AGENCY MAY REQUEST THAT 13,551
THE COURT ISSUE AN ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO 13,552
COMPLY WITH THE AGENCY'S REQUEST FOR INFORMATION. THE AGENCY MAY 13,553
REQUEST THAT THE ORDER REQUIRE THE OBLIGOR OR OBLIGEE TO PROVIDE
THE NECESSARY INFORMATION OR PERMIT THE AGENCY TO TAKE WHATEVER 13,554
ACTION IS NECESSARY TO OBTAIN THE INFORMATION AND MAKE ANY 13,555
REASONABLE ASSUMPTIONS NECESSARY WITH RESPECT TO THE INFORMATION 13,556
NOT PROVIDED TO ENSURE A FAIR AND EQUITABLE REVIEW OF THE 13,557
ADMINISTRATIVE CHILD SUPPORT ORDER. AN OBLIGOR OR OBLIGEE WHO 13,558
FAILS TO COMPLY WITH THE COURT ORDER IS IN CONTEMPT OF COURT. IF 13,559
AN OBLIGOR OR OBLIGEE IS IN CONTEMPT OF COURT, THE AGENCY MAY 13,560
REQUEST THE COURT TO HOLD THE PERSON WHO FAILED TO COMPLY IN 13,561
CONTEMPT OR TO PERMIT THE AGENCY TO TAKE WHATEVER ACTION IS 13,562
NECESSARY TO OBTAIN INFORMATION AND MAKE ANY REASONABLE 13,563
ASSUMPTIONS NECESSARY WITH RESPECT TO THE INCOME OF THE PERSON 13,564
WHO FAILED TO COMPLY WITH THE REQUEST TO ENSURE A FAIR AND 13,565
EQUITABLE REVIEW OF THE ADMINISTRATIVE CHILD SUPPORT ORDER. 13,566
IF THE AGENCY DECIDES TO CONDUCT THE REVIEW OF THE CHILD 13,568
SUPPORT ORDER BASED ON REASONABLE ASSUMPTIONS WITH RESPECT TO THE 13,569
INFORMATION THE PERSON IN CONTEMPT OF COURT DID NOT PROVIDE, IT 13,571
SHALL PROCEED UNDER SECTION 3119.61 OR 3119.63 OF THE REVISED 13,572
CODE IN THE SAME MANNER AS IF ALL REQUESTED INFORMATION HAS BEEN 13,574
RECEIVED.
Sec. 3119.73. (A) IN CALCULATING A REVISED AMOUNT OF 13,576
312
CHILD SUPPORT TO BE PAID UNDER SECTION 3119.61 OR 3119.63 OF THE 13,579
REVISED CODE, AND IN REDETERMINING, AT AN ADMINISTRATIVE HEARING 13,580
CONDUCTED UNDER EITHER OF THOSE SECTIONS, A REVISED AMOUNT OF 13,583
CHILD SUPPORT TO BE PAID, THE CHILD SUPPORT ENFORCEMENT AGENCY 13,584
SHALL CONSIDER, IN ADDITION TO ALL OTHER FACTORS REQUIRED BY LAW 13,585
TO BE CONSIDERED, THE FOLLOWING: 13,586
(1) THE APPROPRIATE PERSON, WHETHER IT IS THE OBLIGOR, 13,588
OBLIGEE, OR BOTH, TO BE REQUIRED TO PROVIDE HEALTH INSURANCE 13,590
COVERAGE FOR THE CHILDREN SPECIFIED IN THE ORDER;
(2) THE COST OF HEALTH INSURANCE COVERAGE THAT THE 13,593
OBLIGOR, THE OBLIGEE, OR BOTH HAVE BEEN ORDERED TO OBTAIN FOR THE 13,594
CHILDREN SPECIFIED IN THE ORDER. 13,595
(B) IN DETERMINING, AT A HEARING CONDUCTED UNDER SECTION 13,598
3119.66 OF THE REVISED CODE, THE APPROPRIATE AMOUNT OF CHILD 13,599
SUPPORT TO BE PAID BY THE OBLIGOR, THE COURT SHALL CONSIDER THE 13,600
FOLLOWING, IN ADDITION TO ALL OTHER FACTORS REQUIRED BY LAW TO BE 13,601
CONSIDERED:
(1) THE APPROPRIATE PERSON, WHETHER IT IS THE OBLIGOR, 13,603
OBLIGEE, OR BOTH, TO BE REQUIRED TO PROVIDE HEALTH INSURANCE 13,605
COVERAGE FOR THE CHILDREN SPECIFIED IN THE ORDER;
(2) THE COST OF HEALTH INSURANCE THAT THE OBLIGOR, THE 13,608
OBLIGEE, OR BOTH HAVE BEEN ORDERED TO OBTAIN FOR THE CHILDREN 13,610
SPECIFIED IN THE ORDER.
Sec. 3119.75. A CHILD SUPPORT ENFORCEMENT AGENCY IS NOT 13,612
REQUIRED TO REVIEW A CHILD SUPPORT ORDER IF THE REVIEW IS NOT 13,614
OTHERWISE REQUIRED BY SECTION 666(a)(10) OF TITLE 42 OF THE U.S. 13,616
CODE, "FAMILY SUPPORT ACT OF 1988," 102 STAT. 2346, 42 U.S.C. 13,618
666(a)(10), AS AMENDED, AND ANY REGULATIONS ADOPTED PURSUANT TO, 13,620
OR TO ENFORCE, THAT SECTION AND ANY OF THE FOLLOWING APPLY: 13,621
(A) THE OBLIGEE HAS MADE AN ASSIGNMENT UNDER SECTION 13,623
5107.20 OF THE REVISED CODE OF THE RIGHT TO RECEIVE CHILD SUPPORT 13,625
PAYMENTS, THE AGENCY DETERMINES THAT GOOD CAUSE PURSUANT TO 13,626
SECTION 5107.05 OF THE REVISED CODE EXISTS WITH RESPECT TO THE 13,628
CHILDREN WHO ARE THE SUBJECT OF THE CHILD SUPPORT ORDER, AND 13,629
313
NEITHER THE OBLIGOR NOR THE OBLIGEE HAS REQUESTED THAT THE REVIEW 13,630
BE CONDUCTED;
(B) THE OBLIGEE HAS NOT MADE AN ASSIGNMENT UNDER SECTION 13,632
5107.20 OF THE REVISED CODE OF THE RIGHT TO RECEIVE CHILD SUPPORT 13,634
PAYMENTS AND NEITHER THE OBLIGOR NOR THE OBLIGEE HAS REQUESTED 13,635
THAT THE REVIEW BE CONDUCTED; 13,637
(C) NEITHER THE OBLIGOR NOR THE OBLIGEE RESIDES IN THIS 13,639
STATE.
Sec. 3119.76. THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT 13,642
RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE ESTABLISHING A 13,643
PROCEDURE FOR DETERMINING WHEN EXISTING CHILD SUPPORT ORDERS 13,644
SHOULD BE REVIEWED TO DETERMINE WHETHER IT IS NECESSARY AND IN 13,645
THE BEST INTEREST OF THE CHILDREN WHO ARE THE SUBJECT OF THE 13,646
CHILD SUPPORT ORDER TO CHANGE THE CHILD SUPPORT ORDER. THE RULES 13,647
SHALL INCLUDE, BUT ARE NOT LIMITED TO, ALL OF THE FOLLOWING: 13,648
(A) ANY PROCEDURES NECESSARY TO COMPLY WITH SECTION 13,651
666(a)(10) OF TITLE 42 OF THE U.S. CODE, "FAMILY SUPPORT ACT OF 13,652
1988," 102 STAT. 2346, 42 U.S.C. 666(a)(10), AS AMENDED, AND ANY 13,654
REGULATIONS ADOPTED PURSUANT TO, OR TO ENFORCE, THAT SECTION; 13,655
(B) PROCEDURES FOR DETERMINING WHAT CHILD SUPPORT ORDERS 13,657
ARE TO BE SUBJECT TO REVIEW UPON THE REQUEST OF EITHER THE 13,658
OBLIGOR OR THE OBLIGEE OR PERIODICALLY BY THE CHILD SUPPORT 13,659
ENFORCEMENT AGENCY ADMINISTERING THE CHILD SUPPORT ORDER; 13,660
(C) PROCEDURES FOR THE CHILD SUPPORT ENFORCEMENT AGENCY TO 13,662
PERIODICALLY REVIEW AND TO REVIEW, UPON THE REQUEST OF THE 13,663
OBLIGOR OR THE OBLIGEE, ANY CHILD SUPPORT ORDER THAT IS SUBJECT 13,664
TO REVIEW TO DETERMINE WHETHER THE AMOUNT OF CHILD SUPPORT PAID 13,665
UNDER THE CHILD SUPPORT ORDER SHOULD BE ADJUSTED IN ACCORDANCE 13,666
WITH THE BASIC CHILD SUPPORT SCHEDULE SET FORTH IN SECTION 13,668
3119.021 OF THE REVISED CODE OR WHETHER THE PROVISIONS FOR THE 13,669
CHILD'S HEALTH CARE NEEDS UNDER THE CHILD SUPPORT ORDER SHOULD BE 13,670
MODIFIED IN ACCORDANCE WITH SECTIONS 3119.30 TO 3119.58 OF THE 13,671
REVISED CODE; 13,672
(D) PROCEDURES FOR GIVING OBLIGORS AND OBLIGEES NOTICE OF 13,674
314
THEIR RIGHT TO REQUEST A REVIEW OF A CHILD SUPPORT ORDER THAT IS 13,675
DETERMINED TO BE SUBJECT TO REVIEW, NOTICE OF ANY PROPOSED 13,676
REVISION OF THE AMOUNT OF CHILD SUPPORT TO BE PAID UNDER THE 13,677
CHILD SUPPORT ORDER, NOTICE OF THE PROCEDURES FOR REQUESTING A 13,678
HEARING ON ANY PROPOSED REVISION OF THE AMOUNT OF CHILD SUPPORT 13,679
TO BE PAID UNDER A CHILD SUPPORT ORDER, NOTICE OF ANY 13,680
ADMINISTRATIVE HEARING TO BE HELD ON A PROPOSED REVISION OF THE 13,681
AMOUNT OF CHILD SUPPORT TO BE PAID UNDER A CHILD SUPPORT ORDER, 13,682
AT LEAST FORTY-FIVE DAYS' PRIOR NOTICE OF ANY REVIEW OF THEIR 13,684
CHILD SUPPORT ORDER, AND NOTICE THAT A FAILURE TO COMPLY WITH ANY 13,685
REQUEST FOR DOCUMENTS OR INFORMATION TO BE USED IN THE REVIEW OF 13,686
A CHILD SUPPORT ORDER IS CONTEMPT OF COURT; 13,687
(E) PROCEDURES FOR OBTAINING THE NECESSARY DOCUMENTS AND 13,689
INFORMATION NECESSARY TO REVIEW CHILD SUPPORT ORDERS AND FOR 13,690
HOLDING ADMINISTRATIVE HEARINGS ON A PROPOSED REVISION OF THE 13,691
AMOUNT OF CHILD SUPPORT TO BE PAID UNDER A CHILD SUPPORT ORDER; 13,692
(F) PROCEDURES FOR ADJUSTING CHILD SUPPORT ORDERS IN 13,694
ACCORDANCE WITH THE BASIC CHILD SUPPORT SCHEDULE SET FORTH IN 13,695
SECTION 3119.021 OF THE REVISED CODE AND THE APPLICABLE WORKSHEET 13,698
IN SECTION 3119.022 OR 3119.023 OF THE REVISED CODE, THROUGH THE 13,700
LINE ESTABLISHING THE ACTUAL ANNUAL OBLIGATION; 13,701
(G) PROCEDURES FOR ADJUSTING THE PROVISIONS OF THE CHILD 13,703
SUPPORT ORDER GOVERNING THE HEALTH CARE NEEDS OF THE CHILD 13,704
PURSUANT TO SECTIONS 3119.30 TO 3119.58 OF THE REVISED CODE. 13,706
Sec. 3119.79. (A) IF AN OBLIGOR OR OBLIGEE UNDER A CHILD 13,708
SUPPORT ORDER REQUESTS THAT THE COURT MODIFY THE AMOUNT OF 13,710
SUPPORT REQUIRED TO BE PAID PURSUANT TO THE CHILD SUPPORT ORDER, 13,711
THE COURT SHALL RECALCULATE THE AMOUNT OF SUPPORT THAT WOULD BE 13,712
REQUIRED TO BE PAID UNDER THE SUPPORT ORDER IN ACCORDANCE WITH 13,713
THE SCHEDULE AND THE APPLICABLE WORKSHEET THROUGH THE LINE 13,715
ESTABLISHING THE ACTUAL ANNUAL OBLIGATION. IF THAT AMOUNT AS 13,716
RECALCULATED IS MORE THAN TEN PER CENT GREATER THAN OR MORE THAN 13,717
TEN PER CENT LESS THAN THE AMOUNT OF CHILD SUPPORT REQUIRED TO BE 13,718
PAID PURSUANT TO THE EXISTING CHILD SUPPORT ORDER, THE DEVIATION 13,719
315
FROM THE RECALCULATED AMOUNT THAT WOULD BE REQUIRED TO BE PAID 13,720
UNDER THE SCHEDULE AND THE APPLICABLE WORKSHEET SHALL BE 13,721
CONSIDERED BY THE COURT AS A CHANGE OF CIRCUMSTANCE SUBSTANTIAL 13,723
ENOUGH TO REQUIRE A MODIFICATION OF THE CHILD SUPPORT AMOUNT. 13,724
(B) IN DETERMINING THE RECALCULATED SUPPORT AMOUNT THAT 13,727
WOULD BE REQUIRED TO BE PAID UNDER THE SUPPORT ORDER FOR PURPOSES 13,728
OF DETERMINING WHETHER THAT RECALCULATED AMOUNT IS MORE THAN TEN 13,729
PER CENT GREATER THAN OR MORE THAN TEN PER CENT LESS THAN THE 13,730
AMOUNT OF CHILD SUPPORT REQUIRED TO BE PAID PURSUANT TO THE 13,732
EXISTING CHILD SUPPORT ORDER, THE COURT SHALL CONSIDER, IN
ADDITION TO ALL OTHER FACTORS REQUIRED BY LAW TO BE CONSIDERED, 13,733
THE COST OF HEALTH INSURANCE THE OBLIGOR, THE OBLIGEE, OR BOTH 13,735
THE OBLIGOR AND THE OBLIGEE HAVE BEEN ORDERED TO OBTAIN FOR THE 13,736
CHILDREN SPECIFIED IN THE ORDER. ADDITIONALLY, IF AN OBLIGOR OR 13,737
OBLIGEE UNDER A CHILD SUPPORT ORDER REQUESTS THAT THE COURT
MODIFY THE SUPPORT AMOUNT REQUIRED TO BE PAID PURSUANT TO THE 13,738
CHILD SUPPORT ORDER AND IF THE COURT DETERMINES THAT THE AMOUNT 13,739
OF SUPPORT DOES NOT ADEQUATELY MEET THE MEDICAL NEEDS OF THE 13,740
CHILD, THE INADEQUATE COVERAGE SHALL BE CONSIDERED BY THE COURT 13,741
AS A CHANGE OF CIRCUMSTANCE THAT IS SUBSTANTIAL ENOUGH TO REQUIRE 13,742
A MODIFICATION OF THE AMOUNT OF THE CHILD SUPPORT ORDER. 13,743
(C) IF THE COURT DETERMINES THAT THE AMOUNT OF CHILD 13,746
SUPPORT REQUIRED TO BE PAID UNDER THE CHILD SUPPORT ORDER SHOULD 13,747
BE CHANGED DUE TO A SUBSTANTIAL CHANGE OF CIRCUMSTANCES THAT WAS 13,748
NOT CONTEMPLATED AT THE TIME OF THE ISSUANCE OF THE ORIGINAL 13,749
CHILD SUPPORT ORDER OR THE LAST MODIFICATION OF THE CHILD SUPPORT 13,750
ORDER, THE COURT SHALL MODIFY THE AMOUNT OF CHILD SUPPORT 13,751
REQUIRED TO BE PAID UNDER THE CHILD SUPPORT ORDER TO COMPLY WITH 13,752
THE SCHEDULE AND THE APPLICABLE WORKSHEET THROUGH THE LINE 13,754
ESTABLISHING THE ACTUAL ANNUAL OBLIGATION, UNLESS THE COURT 13,755
DETERMINES THAT THE AMOUNT CALCULATED PURSUANT TO THE BASIC CHILD 13,756
SUPPORT SCHEDULE AND PURSUANT TO THE APPLICABLE WORKSHEET WOULD 13,758
BE UNJUST OR INAPPROPRIATE AND WOULD NOT BE IN THE BEST INTEREST 13,759
OF THE CHILD AND ENTERS IN THE JOURNAL THE FIGURE, DETERMINATION, 13,760
316
AND FINDINGS SPECIFIED IN SECTION 3119.22 OF THE REVISED CODE.
Sec. 3119.80. IN ANY ACTION IN WHICH SUPPORT IS ORDERED 13,762
UNDER A COURT CHILD SUPPORT ORDER, THE OBLIGOR OR OBLIGEE UNDER 13,763
THE ORDER MAY FILE A MOTION WITH THE COURT THAT ISSUED THE ORDER 13,764
REQUESTING THE ISSUANCE OF ONE OR MORE WITHHOLDING OR DEDUCTION 13,765
NOTICES UNDER SECTION 3121.03 OF THE REVISED CODE TO PAY THE 13,766
SUPPORT DUE UNDER THE ORDER. THE MOTION MAY BE FILED AT ANY TIME 13,767
AFTER THE SUPPORT ORDER IS ISSUED. UPON THE FILING OF A MOTION 13,768
PURSUANT TO THIS SECTION, THE CHILD SUPPORT ENFORCEMENT AGENCY 13,769
SHALL IMMEDIATELY CONDUCT, AND SHALL COMPLETE WITHIN TWENTY DAYS 13,770
AFTER THE MOTION IS FILED, AN INVESTIGATION IN ACCORDANCE WITH 13,771
SECTION 3123.02 OF THE REVISED CODE. ON THE COMPLETION OF THE 13,772
INVESTIGATION, THE COURT SHALL ISSUE ONE OR MORE APPROPRIATE 13,774
ORDERS DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE. 13,775
Sec. 3119.81. IN PROCEEDINGS INVOLVING A COURT CHILD 13,777
SUPPORT ORDER, THE COURT, BEFORE THE CONCLUSION OF ANY HEARINGS 13,778
HELD WITH RESPECT TO THE PROCEEDINGS, SHALL ORDER THE CHILD 13,779
SUPPORT ENFORCEMENT AGENCY TO CONDUCT AN INVESTIGATION PURSUANT 13,780
TO SECTION 3123.02 OF THE REVISED CODE IF NO WITHHOLDING OR 13,782
DEDUCTION ORDER OR NOTICE OR ORDER TO SEEK EMPLOYMENT,
PARTICIPATE IN A WORK ACTIVITY, OR ENTER INTO A CASH BOND TO 13,783
COLLECT SUPPORT UNDER THE COURT SUPPORT ORDER HAS BEEN ISSUED OR 13,784
THE COURT DETERMINES THAT ANY SUCH ORDER OR NOTICE PREVIOUSLY 13,785
ISSUED IS NO LONGER APPROPRIATE FOR COLLECTION OF SUPPORT UNDER 13,786
THE ORDER.
ON THE FILING OF THE AGENCY'S FINDINGS AFTER COMPLETION OF 13,788
THE INVESTIGATION, THE COURT, AS NECESSARY, SHALL ISSUE ONE OR 13,790
MORE NOTICES OR ONE OR MORE COURT ORDERS DESCRIBED IN SECTION 13,791
3121.03 OF THE REVISED CODE OR MODIFY ANY SUCH NOTICES OR COURT 13,792
ORDERS PREVIOUSLY ISSUED.
Sec. 3119.82. WHENEVER A COURT ISSUES, OR WHENEVER IT 13,794
MODIFIES, REVIEWS, OR OTHERWISE RECONSIDERS A COURT CHILD SUPPORT 13,796
ORDER, IT MAY CONSIDER WHICH PARENT MAY CLAIM THE CHILDREN WHO 13,797
ARE THE SUBJECT OF THE COURT CHILD SUPPORT ORDER AS DEPENDENTS 13,798
317
FOR FEDERAL INCOME TAX PURPOSES AS SET FORTH IN SECTION 151 OF 13,799
THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C. 1, 13,801
AS AMENDED. THE COURT SHALL ISSUE ITS DETERMINATION ON THIS 13,803
ISSUE AS PART OF THE CHILD SUPPORT ORDER. THE COURT IN ITS ORDER 13,804
MAY PERMIT THE PARENT WHO IS NOT THE RESIDENTIAL PARENT AND LEGAL 13,805
CUSTODIAN TO CLAIM THE CHILDREN AS DEPENDENTS FOR FEDERAL INCOME 13,806
TAX PURPOSES ONLY IF THE COURT DETERMINES THAT THIS FURTHERS THE 13,807
BEST INTEREST OF THE CHILDREN AND, WITH RESPECT TO ORDERS THE
COURT MODIFIES, REVIEWS, OR RECONSIDERS, THE PAYMENTS FOR CHILD 13,808
SUPPORT ARE CURRENT IN FULL AS ORDERED BY THE COURT FOR THE YEAR 13,809
IN WHICH THE CHILDREN WILL BE CLAIMED AS DEPENDENTS. IN 13,811
DETERMINING WHICH PARENT MAY CLAIM THE CHILDREN AS DEPENDENTS, 13,812
THE COURT SHALL CONSIDER ANY NET TAX SAVINGS, THE RELATIVE 13,813
FINANCIAL CIRCUMSTANCES AND NEEDS OF THE PARENTS AND CHILDREN, 13,814
THE AMOUNT OF TIME THE CHILDREN SPEND WITH EACH PARENT, THE
ELIGIBILITY OF EITHER OR BOTH PARENTS FOR THE FEDERAL EARNED 13,816
INCOME TAX CREDIT, AND ANY OTHER RELEVANT FACTOR CONCERNING THE 13,817
BEST INTEREST OF THE CHILDREN.
IF THE COURT DETERMINES THAT THE PARENT WHO IS NOT THE 13,820
RESIDENTIAL PARENT AND LEGAL CUSTODIAN MAY CLAIM THE CHILDREN AS 13,821
DEPENDENTS FOR FEDERAL INCOME TAX PURPOSES, IT SHALL ORDER THE 13,822
RESIDENTIAL PARENT TO TAKE WHATEVER ACTION IS NECESSARY PURSUANT 13,823
TO SECTION 152 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 13,825
2085, 26 U.S.C. 1, AS AMENDED, TO ENABLE THE PARENT WHO IS NOT 13,827
THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN TO CLAIM THE CHILDREN 13,828
AS DEPENDENTS FOR FEDERAL INCOME TAX PURPOSES IN ACCORDANCE WITH 13,829
THE ORDER OF THE COURT. ANY WILLFUL FAILURE OF THE RESIDENTIAL 13,830
PARENT TO COMPLY WITH THE ORDER OF THE COURT IS CONTEMPT OF 13,831
COURT. 13,832
Sec. 3119.83. EXCEPT AS PROVIDED IN SECTION 3119.84 OF THE 13,834
REVISED CODE, A COURT OR AGENCY MAY NOT RETROACTIVELY MODIFY AN 13,835
OBLIGOR'S DUTY TO PAY A DELINQUENT SUPPORT PAYMENT. 13,836
Sec. 3119.84. A COURT WITH JURISDICTION OVER A COURT 13,838
SUPPORT ORDER MAY MODIFY AN OBLIGOR'S DUTY TO PAY A SUPPORT 13,839
318
PAYMENT THAT BECOMES DUE AFTER NOTICE OF A PETITION TO MODIFY THE 13,840
COURT SUPPORT ORDER HAS BEEN GIVEN TO EACH OBLIGEE AND TO THE 13,841
OBLIGOR BEFORE A FINAL ORDER CONCERNING THE PETITION FOR 13,842
MODIFICATION IS ENTERED.
Sec. 3119.86. (A) NOTWITHSTANDING SECTION 3109.01 OF THE 13,844
REVISED CODE, BOTH OF THE FOLLOWING APPLY: 13,846
(1) A COURT CHILD SUPPORT ORDER SHALL REMAIN IN EFFECT 13,848
BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY AS LONG AS THE CHILD 13,849
CONTINUOUSLY ATTENDS ON A FULL-TIME BASIS A RECOGNIZED AND 13,850
ACCREDITED HIGH SCHOOL OR THE ORDER PROVIDES THAT THE DUTY OF 13,851
SUPPORT OF THE CHILD CONTINUES BEYOND THE CHILD'S EIGHTEENTH 13,852
BIRTHDAY, BUT THE ORDER SHALL NOT REMAIN IN EFFECT AFTER THE 13,853
CHILD REACHES NINETEEN YEARS OF AGE UNLESS THE ORDER PROVIDES 13,854
THAT THE DUTY OF SUPPORT CONTINUES FOR ANY PERIOD AFTER THE CHILD 13,855
REACHES NINETEEN YEARS OF AGE; 13,856
(2) AN ADMINISTRATIVE CHILD SUPPORT ORDER SHALL REMAIN IN 13,858
EFFECT BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY AS LONG AS THE 13,859
CHILD CONTINUOUSLY ATTENDS ON A FULL-TIME BASIS ANY RECOGNIZED 13,860
AND ACCREDITED HIGH SCHOOL, BUT SHALL NOT REMAIN IN EFFECT AFTER 13,862
THE CHILD REACHES NINETEEN YEARS OF AGE.
(B) A PARENT ORDERED TO PAY SUPPORT UNDER A CHILD SUPPORT 13,864
ORDER SHALL CONTINUE TO PAY SUPPORT UNDER THE ORDER, INCLUDING 13,865
DURING SEASONAL VACATION PERIODS, UNTIL THE ORDER TERMINATES. 13,866
Sec. 3119.87. THE PARENT WHO IS THE RESIDENTIAL PARENT AND 13,868
LEGAL CUSTODIAN OF A CHILD FOR WHOM A CHILD SUPPORT ORDER IS 13,869
ISSUED OR THE PERSON WHO OTHERWISE HAS CUSTODY OF A CHILD FOR 13,870
WHOM A CHILD SUPPORT ORDER IS ISSUED IMMEDIATELY SHALL NOTIFY, 13,871
AND THE OBLIGOR UNDER A CHILD SUPPORT ORDER MAY NOTIFY, THE CHILD 13,872
SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE CHILD SUPPORT ORDER 13,873
OF ANY REASON FOR WHICH THE CHILD SUPPORT ORDER SHOULD TERMINATE. 13,874
WITH RESPECT TO A COURT CHILD SUPPORT ORDER, A WILLFUL FAILURE TO 13,876
NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY AS REQUIRED BY THIS 13,877
DIVISION IS CONTEMPT OF COURT. 13,878
Sec. 3119.88. REASONS FOR WHICH A SUPPORT ORDER SHOULD 13,880
319
TERMINATE INCLUDE ALL OF THE FOLLOWING: 13,881
(A) THE CHILD'S ATTAINMENT OF THE AGE OF MAJORITY IF THE 13,884
CHILD NO LONGER ATTENDS AN ACCREDITED HIGH SCHOOL ON A FULL-TIME 13,885
BASIS AND THE CHILD SUPPORT ORDER DOES NOT PROVIDE FOR THE DUTY 13,886
OF SUPPORT TO CONTINUE PAST THE AGE OF MAJORITY; 13,887
(B) THE CHILD CEASING TO ATTEND AN ACCREDITED HIGH SCHOOL 13,889
ON A FULL-TIME BASIS AFTER ATTAINING THE AGE OF MAJORITY, IF THE 13,891
CHILD SUPPORT ORDER DOES NOT PROVIDE FOR THE DUTY OF SUPPORT TO 13,892
CONTINUE PAST THE AGE OF MAJORITY; 13,893
(C) THE CHILD'S DEATH; 13,895
(D) THE CHILD'S MARRIAGE; 13,897
(E) THE CHILD'S EMANCIPATION; 13,899
(F) THE CHILD'S ENLISTMENT IN THE ARMED SERVICES; 13,902
(G) THE CHILD'S DEPORTATION; 13,904
(H) CHANGE OF LEGAL CUSTODY OF THE CHILD. 13,906
Sec. 3119.89. (A) UPON RECEIPT OF A NOTICE PURSUANT TO 13,908
SECTION 3119.87 OF THE REVISED CODE, THE AGENCY ADMINISTERING A 13,910
CHILD SUPPORT ORDER, WITHIN TWENTY DAYS AFTER RECEIPT OF THE 13,911
NOTICE, SHALL COMPLETE AN INVESTIGATION. THE AGENCY 13,914
ADMINISTERING A CHILD SUPPORT ORDER MAY CONDUCT AN INVESTIGATION 13,915
UPON ITS OWN INITIATIVE IF IT OTHERWISE HAS REASON TO BELIEVE 13,916
THAT THERE MAY BE A REASON FOR WHICH THE ORDER SHOULD TERMINATE. 13,918
THE AGENCY'S INVESTIGATION SHALL DETERMINE THE FOLLOWING: 13,919
(1) WHETHER ANY REASON EXISTS FOR WHICH THE ORDER SHOULD 13,921
TERMINATE; 13,922
(2) WHETHER THERE ARE OTHER CHILDREN SUBJECT TO THE ORDER; 13,924
(3) WHETHER THE OBLIGOR OWES ANY ARREARAGES UNDER THE 13,926
ORDER;
(4) WHETHER THE AGENCY BELIEVES IT IS NECESSARY TO 13,928
CONTINUE WITHHOLDING OR DEDUCTION PURSUANT TO A NOTICE OR ORDER 13,929
DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE FOR THE OTHER 13,930
CHILDREN OR ARREARAGES.
(B) THE INVESTIGATION UNDER DIVISION (A) OF THIS SECTION 13,933
MAY INCLUDE A REVIEW PURSUANT TO SECTION 3111.27 OR 3113.216 OF 13,934
320
THE REVISED CODE OF ANY OTHER CHILDREN SUBJECT TO THE CHILD 13,935
SUPPORT ORDER TO DETERMINE WHETHER THE CHILD SUPPORT ORDER AS IT 13,936
PERTAINS TO THEM SHOULD BE MODIFIED. 13,937
Sec. 3119.90. (A) WITH RESPECT TO A COURT CHILD SUPPORT 13,940
ORDER, IF THE CHILD SUPPORT ENFORCEMENT AGENCY DETERMINES THE 13,941
ORDER SHOULD TERMINATE, IT IMMEDIATELY SHALL NOTIFY THE COURT 13,942
THAT ISSUED THE ORDER OF THE RESULTS OF ITS INVESTIGATION AND 13,943
SHALL SUBMIT TO THE COURT AN ORDER IMPOUNDING ANY FUNDS RECEIVED 13,944
FOR THE CHILD PURSUANT TO THE SUPPORT ORDER THAT WAS UNDER 13,945
INVESTIGATION. 13,946
(B) WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER, 13,948
IF THE AGENCY DETERMINES AS A RESULT OF AN INVESTIGATION THAT THE 13,949
ORDER SHOULD TERMINATE, IT SHALL ISSUE AN ADMINISTRATIVE ORDER 13,950
IMPOUNDING ANY FUNDS RECEIVED FOR THE CHILD PURSUANT TO THE 13,951
SUPPORT ORDER THAT WAS UNDER INVESTIGATION. 13,952
(C) A CHILD SUPPORT ENFORCEMENT AGENCY THAT CONDUCTS AN 13,954
INVESTIGATION OF A SUPPORT ORDER SHALL GIVE THE OBLIGOR AND 13,955
OBLIGEE UNDER THE ORDER NOTICE OF THE RESULTS OF ITS 13,957
INVESTIGATION AND A COPY OF ANY COURT OR ADMINISTRATIVE IMPOUND 13,958
ORDER ISSUED PURSUANT TO DIVISION (A) OR (B) OF THIS SECTION. 13,959
THE OBLIGOR AND OBLIGEE ALSO SHALL BE GIVEN ALL OF THE FOLLOWING: 13,961
(1) NOTICE OF THEIR RIGHT TO REQUEST AN ADMINISTRATIVE 13,963
HEARING REGARDING ANY CONCLUSIONS OF THE INVESTIGATION; 13,964
(2) NOTICE OF THE PROCEDURES AND TIME DEADLINES FOR 13,966
REQUESTING THE HEARING; 13,967
(3)(a) NOTICE THAT THE CONCLUSIONS OF THE INVESTIGATIONS 13,969
WILL BE ISSUED AS AN ADMINISTRATIVE ORDER BY THE AGENCY IF THE 13,970
UNDERLYING SUPPORT ORDER IS ADMINISTRATIVE; 13,971
(b) NOTICE THAT THE CONCLUSIONS OF THE INVESTIGATIONS WILL 13,973
BE SUBMITTED TO THE COURT FOR INCLUSION INTO A REVISED OR 13,974
TERMINATED SUPPORT ORDER WITH NO FURTHER COURT HEARING IF THE 13,975
UNDERLYING SUPPORT ORDER WAS ISSUED BY THE COURT; 13,976
(4) NOTICE THAT NO REVISED ADMINISTRATIVE OR COURT ORDER 13,978
WILL BE ISSUED IF EITHER THE OBLIGOR OR OBLIGEE REQUESTS AN 13,979
321
ADMINISTRATIVE HEARING ON THE INVESTIGATION CONCLUSIONS WITHIN 13,980
THIRTY DAYS AFTER RECEIPT OF THE NOTICE UNDER THIS DIVISION. 13,981
Sec. 3119.91. IF AN OBLIGOR OR OBLIGEE UNDER A SUPPORT 13,985
ORDER TIMELY REQUESTS AN ADMINISTRATIVE HEARING PURSUANT TO 13,986
SECTION 3119.90 OF THE REVISED CODE, THE AGENCY SHALL SCHEDULE A 13,988
HEARING ON THE ISSUE, GIVE THE PARTIES NOTICE OF THE DATE, TIME,
AND LOCATION OF THE HEARING, AND CONDUCT THE HEARING. ON 13,991
COMPLETION OF THE HEARING, THE CHILD SUPPORT ENFORCEMENT AGENCY 13,993
SHALL ISSUE A DECISION. THE DECISION SHALL INCLUDE A NOTICE 13,994
STATING THAT THE OBLIGOR OR OBLIGEE MAY OBJECT TO THE DECISION BY 13,995
FILING A NOTICE OF APPEAL WITHIN THIRTY DAYS AFTER THE ISSUANCE 13,996
OF THE DECISION IN THE JUVENILE COURT OF THE COUNTY IN WHICH THE 13,997
AGENCY THAT ISSUED THE DECISION IS LOCATED AND THAT, IF NEITHER 13,998
THE OBLIGOR NOR THE OBLIGEE FILES A NOTICE OF APPEAL WITHIN THAT 13,999
THIRTY-DAY APPEAL PERIOD, THE ADMINISTRATIVE HEARING DECISION IS 14,000
FINAL AND WILL BE FILED WITH THE COURT OR IN THE ADMINISTRATIVE 14,001
CASE FILE.
Sec. 3119.92. IF THE OBLIGOR, THE OBLIGEE, OR BOTH FILE A 14,004
NOTICE OF APPEAL IN A JUVENILE COURT AS DESCRIBED IN SECTION 14,006
3119.91 OF THE REVISED CODE WITHIN THE SPECIFIED APPEAL PERIOD,
THE COURT SHALL PROCEED IN ACCORDANCE WITH CHAPTERS 2505. AND 14,008
2506. OF THE REVISED CODE. ON THE FILING OF A TIMELY APPEAL, THE 14,009
COURT SHALL ISSUE AN ORDER DIRECTING THAT THE IMPOUNDMENT ORDER 14,010
ISSUED BY THE CHILD SUPPORT ENFORCEMENT AGENCY REGARDING SUPPORT 14,011
AMOUNTS RECEIVED FOR THE CHILD REMAIN IN EFFECT WHILE THE APPEAL 14,012
IS PENDING. THE JUVENILE COURT MAY TRANSFER THE APPEAL TO ANY 14,013
COURT OR DIVISION OF A COURT WITH DOMESTIC RELATIONS JURISDICTION 14,014
OVER THE PARTIES IF THE JUVENILE COURT FINDS THAT THE TRANSFER IS 14,015
IN THE BEST INTEREST OF THE PARTIES AND THE RESPECTIVE COURTS. 14,016
IF NEITHER THE OBLIGOR NOR THE OBLIGEE FILES A NOTICE OF APPEAL 14,017
AS DESCRIBED IN THIS DIVISION WITHIN THE SPECIFIED APPEAL PERIOD, 14,018
THE ADMINISTRATIVE HEARING DECISION IS FINAL AND WILL BE FILED 14,019
WITH THE COURT OR IN THE ADMINISTRATIVE CASE FILE. 14,020
Sec. 3119.93. THE TERMINATION OF A CHILD SUPPORT ORDER BY 14,023
322
A COURT OR AGENCY ALSO TERMINATES ANY APPLICABLE WITHHOLDING OR 14,024
DEDUCTION NOTICE OR OTHER ORDER ISSUED UNDER SECTION 3121.03 OF 14,026
THE REVISED CODE. WITH RESPECT TO A COURT CHILD SUPPORT ORDER, 14,027
ON THE TERMINATION OF ANY WITHHOLDING OR DEDUCTION NOTICE, THE 14,029
COURT IMMEDIATELY SHALL NOTIFY THE APPROPRIATE CHILD SUPPORT 14,030
ENFORCEMENT AGENCY THAT THE ORDER OR NOTICE HAS BEEN TERMINATED. 14,031
IF A WITHHOLDING NOTICE OR ORDER IS TERMINATED, THE AGENCY 14,032
IMMEDIATELY SHALL NOTIFY EACH PAYOR OR FINANCIAL INSTITUTION 14,033
REQUIRED TO WITHHOLD OR DEDUCT A SUM OF MONEY FOR THE PAYMENT OF 14,035
SUPPORT UNDER THE ORDER OR NOTICE THAT IT HAS BEEN TERMINATED AND 14,036
THAT THE PAYOR OR INSTITUTION IS REQUIRED TO CEASE ALL 14,037
WITHHOLDING OR DEDUCTION UNDER THE ORDER OR NOTICE. 14,038
Sec. 3119.94. THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT 14,040
RULES THAT PROVIDE FOR ALL OF THE FOLLOWING: 14,041
(A) THE PAYMENT TO THE APPROPRIATE PERSON OF ANY FUNDS 14,043
THAT A COURT OR AGENCY HAS IMPOUNDED UNDER SECTION 3119.90 OR 14,045
3119.92 OF THE REVISED CODE;
(B) THE RETURN TO THE APPROPRIATE PERSON OF ANY OTHER 14,047
PAYMENTS MADE PURSUANT TO A CHILD SUPPORT ORDER IF THE PAYMENTS 14,048
WERE MADE AT ANY TIME AFTER THE CHILD SUPPORT ORDER HAS BEEN 14,050
TERMINATED PURSUANT TO SECTION 3119.90 OR 3119.92 OF THE REVISED
CODE;
(C) ANY OTHER STANDARDS, FORMS, OR PROCEDURES NEEDED TO 14,052
ENSURE UNIFORM IMPLEMENTATION OF SECTIONS 3119.86 TO 3119.94 OF 14,053
THE REVISED CODE. 14,054
Sec. 3121.01. AS USED IN THIS CHAPTER: 14,056
(A) "COURT CHILD SUPPORT ORDER" MEANS ANY ORDER ISSUED BY 14,058
A COURT FOR THE SUPPORT OF A CHILD PURSUANT TO CHAPTER 3115. OF 14,060
THE REVISED CODE, SECTION 2151.23, 2151.231, 2151.232, 2151.33, 14,061
2151.36, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 14,062
3113.07, 3113.31, 3119.65, 3119.70, OR 3123.07 OF THE REVISED 14,064
CODE, OR DIVISION (B) OF FORMER SECTION 3113.21 OF THE REVISED 14,065
CODE.
(B) "COURT SUPPORT ORDER" MEANS EITHER A COURT CHILD 14,067
323
SUPPORT ORDER OR AN ORDER FOR THE SUPPORT OF A SPOUSE ISSUED 14,068
PURSUANT TO CHAPTER 3115. OF THE REVISED CODE, SECTION 3105.18, 14,070
3113.31, OR 3123.07 OF THE REVISED CODE, OR DIVISION (B) OF 14,072
FORMER SECTION 3113.21 OF THE REVISED CODE. 14,073
(C5) "DEFAULT" MEANS ANY FAILURE TO PAY UNDER A SUPPORT 14,075
ORDER THAT IS AN AMOUNT GREATER THAN OR EQUAL TO THE AMOUNT OF 14,076
SUPPORT PAYABLE UNDER THE SUPPORT ORDER FOR ONE MONTH. 14,077
(D) "FINANCIAL INSTITUTION" MEANS A BANK, SAVINGS AND LOAN 14,079
ASSOCIATION, OR CREDIT UNION, OR A REGULATED INVESTMENT COMPANY 14,080
OR MUTUAL FUND. 14,081
(E) "INCOME" MEANS ANY FORM OF MONETARY PAYMENT, INCLUDING 14,083
PERSONAL EARNINGS; WORKERS' COMPENSATION PAYMENTS; UNEMPLOYMENT 14,085
COMPENSATION BENEFITS TO THE EXTENT PERMITTED BY, AND IN 14,086
ACCORDANCE WITH, SECTION 3121.07 OF THE REVISED CODE, DIVISION 14,087
(D)(4) OF SECTION 4141.28 OF THE REVISED CODE, AND FEDERAL LAW 14,089
GOVERNING THE BUREAU OF EMPLOYMENT SERVICES; PENSIONS; ANNUITIES;
ALLOWANCES; PRIVATE OR GOVERNMENTAL RETIREMENT BENEFITS; 14,090
DISABILITY OR SICK PAY; INSURANCE PROCEEDS; LOTTERY PRIZE AWARDS; 14,091
FEDERAL, STATE, OR LOCAL GOVERNMENT BENEFITS TO THE EXTENT THAT 14,092
THE BENEFITS CAN BE WITHHELD OR DEDUCTED UNDER THE LAW GOVERNING 14,093
THE BENEFITS; ANY FORM OF TRUST FUND OR ENDOWMENT; LUMP SUM 14,094
PAYMENTS; AND ANY OTHER PAYMENT IN MONEY. 14,095
(F) "PAYOR" MEANS ANY PERSON OR ENTITY THAT PAYS OR 14,097
DISTRIBUTES INCOME TO AN OBLIGOR, INCLUDING AN OBLIGOR IF THE 14,098
OBLIGOR IS SELF-EMPLOYED; AN EMPLOYER; AN EMPLOYER PAYING AN 14,100
OBLIGOR'S WORKERS' COMPENSATION BENEFITS; THE PUBLIC EMPLOYEES 14,101
RETIREMENT BOARD; THE GOVERNING ENTITY OF A MUNICIPAL RETIREMENT 14,102
SYSTEM; THE BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S 14,103
DISABILITY AND PENSION FUND; THE STATE TEACHERS RETIREMENT BOARD; 14,104
THE SCHOOL EMPLOYEES RETIREMENT BOARD; THE STATE HIGHWAY PATROL 14,105
RETIREMENT BOARD; THE BUREAU OF WORKERS' COMPENSATION; OR ANY 14,106
OTHER PERSON OR ENTITY OTHER THAN THE BUREAU OF EMPLOYMENT 14,107
SERVICES WITH RESPECT TO UNEMPLOYMENT COMPENSATION BENEFITS PAID 14,108
PURSUANT TO CHAPTER 4141. OF THE REVISED CODE. 14,111
324
(G) "PERSONAL EARNINGS" MEANS COMPENSATION PAID OR PAYABLE 14,114
FOR PERSONAL SERVICES, HOWEVER DENOMINATED, AND INCLUDES WAGES, 14,115
SALARY, COMMISSIONS, BONUSES, DRAWS AGAINST COMMISSIONS, PROFIT 14,116
SHARING, VACATION PAY, OR ANY OTHER COMPENSATION. 14,117
(H) "SUPPORT ORDER" MEANS EITHER AN ADMINISTRATIVE CHILD 14,119
SUPPORT ORDER OR A COURT SUPPORT ORDER. 14,120
Sec. 3121.02. IN ANY ACTION IN WHICH A SUPPORT ORDER IS 14,122
ISSUED OR MODIFIED, ONE OF THE FOLLOWING SHALL APPLY, AS 14,123
APPROPRIATE, TO ENSURE THAT WITHHOLDING OR DEDUCTION FROM THE 14,124
INCOME OR ASSETS OF THE OBLIGOR IS AVAILABLE FROM THE 14,125
COMMENCEMENT OF THE SUPPORT ORDER FOR THE COLLECTION OF THE 14,126
SUPPORT AND ANY ARREARAGES THAT OCCUR:
(A) THE COURT, WITH RESPECT TO A COURT SUPPORT ORDER, OR 14,128
THE AGENCY, WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT 14,129
ORDER, SHALL REQUIRE THE WITHHOLDING OR DEDUCTION OF INCOME OR 14,132
ASSETS OF THE OBLIGOR UNDER SECTION 3121.03 OF THE REVISED CODE. 14,134
(B) THE COURT, WITH RESPECT TO A COURT SUPPORT ORDER, 14,136
SHALL ISSUE ANOTHER TYPE OF COURT ORDER UNDER DIVISION (C) OR (D) 14,138
OF SECTION 3121.03 OF THE REVISED CODE OR SECTION 3121.04, 14,139
3121.05, 3121.06, OR 3121.12 OF THE REVISED CODE. 14,140
(C) THE AGENCY, WITH RESPECT TO AN ADMINISTRATIVE CHILD 14,142
SUPPORT ORDER, SHALL ISSUE AN ADMINISTRATIVE ORDER, OR REQUEST 14,143
THAT THE COURT ISSUE A COURT ORDER, UNDER DIVISION (C) OR (D) OF 14,144
SECTION 3121.03 OF THE REVISED CODE OR SECTION 3121.12 OF THE 14,145
REVISED CODE.
Sec. 3121.03. IF A COURT OR CHILD SUPPORT ENFORCEMENT 14,147
AGENCY THAT ISSUED OR MODIFIED A SUPPORT ORDER, OR THE AGENCY 14,148
ADMINISTERING THE SUPPORT ORDER, IS REQUIRED BY THE REVISED CODE 14,150
TO ISSUE ONE OR MORE WITHHOLDING OR DEDUCTION NOTICES DESCRIBED 14,152
IN THIS SECTION OR OTHER ORDERS DESCRIBED IN THIS SECTION, THE 14,154
COURT OR AGENCY SHALL ISSUE ONE OR MORE OF THE FOLLOWING TYPES OF
NOTICES OR ORDERS, AS APPROPRIATE, FOR PAYMENT OF THE SUPPORT AND 14,157
ALSO, IF REQUIRED BY THE REVISED CODE OR THE COURT, TO PAY ANY 14,159
ARREARAGES:
325
(A)(1) IF THE COURT OR THE CHILD SUPPORT ENFORCEMENT 14,161
AGENCY DETERMINES THAT THE OBLIGOR IS RECEIVING INCOME FROM A 14,163
PAYOR, THE COURT OR AGENCY SHALL REQUIRE THE PAYOR TO DO ALL OF 14,164
THE FOLLOWING:
(a) WITHHOLD FROM THE OBLIGOR'S INCOME A SPECIFIED AMOUNT 14,167
FOR SUPPORT IN SATISFACTION OF THE SUPPORT ORDER AND BEGIN THE 14,169
WITHHOLDING NO LATER THAN FOURTEEN BUSINESS DAYS FOLLOWING THE 14,171
DATE THE NOTICE IS MAILED TO THE PAYOR UNDER SECTION 3121.035 OR 14,173
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 14,174
PERIOD THAT OCCURS AFTER FOURTEEN BUSINESS DAYS FOLLOWING THE 14,175
DATE THE NOTICE IS MAILED; 14,176
(b) SEND THE AMOUNT WITHHELD TO THE OFFICE OF CHILD 14,178
SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 14,180
3121.43 OF THE REVISED CODE IMMEDIATELY BUT NOT LATER THAN SEVEN 14,181
BUSINESS DAYS AFTER THE DATE THE OBLIGOR IS PAID; 14,182
(c) CONTINUE THE WITHHOLDING AT INTERVALS SPECIFIED IN THE 14,185
NOTICE UNTIL FURTHER NOTICE FROM THE COURT OR CHILD SUPPORT 14,186
ENFORCEMENT AGENCY.
TO THE EXTENT POSSIBLE, THE AMOUNT SPECIFIED TO BE WITHHELD 14,189
SHALL SATISFY THE AMOUNT ORDERED FOR SUPPORT IN THE SUPPORT ORDER 14,190
PLUS ANY ARREARAGES OWED BY THE OBLIGOR UNDER ANY PRIOR SUPPORT 14,191
ORDER THAT PERTAINED TO THE SAME CHILD OR SPOUSE, NOTWITHSTANDING 14,192
ANY APPLICABLE LIMITATIONS OF SECTIONS 2329.66, 2329.70, 2716.02, 14,193
2716.041, AND 2716.05 OF THE REVISED CODE. HOWEVER, IN NO CASE 14,195
SHALL THE SUM OF THE AMOUNT TO BE WITHHELD AND ANY FEE WITHHELD 14,196
BY THE PAYOR AS A CHARGE FOR ITS SERVICES EXCEED THE MAXIMUM 14,198
AMOUNT PERMITTED UNDER SECTION 303(b) OF THE "CONSUMER CREDIT 14,200
PROTECTION ACT," 15 U.S.C. 1673(b). 14,201
(2) A COURT OR AGENCY THAT IMPOSES AN INCOME WITHHOLDING 14,203
REQUIREMENT SHALL, WITHIN THE APPLICABLE TIME SPECIFIED IN 14,205
SECTION 3119.80, 3119.81, 3121.035, OR 3123.06 OF THE REVISED 14,206
CODE, SEND TO THE OBLIGOR'S PAYOR BY REGULAR MAIL A NOTICE THAT 14,208
CONTAINS ALL OF THE INFORMATION APPLICABLE TO WITHHOLDING NOTICES 14,209
326
SET FORTH IN SECTION 3121.037 OF THE REVISED CODE. THE NOTICE IS 14,211
FINAL AND IS ENFORCEABLE BY THE COURT.
(B)(1) IF THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY 14,213
DETERMINES THAT THE OBLIGOR HAS FUNDS THAT ARE NOT EXEMPT UNDER 14,214
THE LAWS OF THIS STATE OR THE UNITED STATES FROM EXECUTION, 14,215
ATTACHMENT, OR OTHER LEGAL PROCESS AND ARE ON DEPOSIT IN AN 14,216
ACCOUNT IN A FINANCIAL INSTITUTION UNDER THE JURISDICTION OF THE 14,217
COURT THAT ISSUED THE COURT SUPPORT ORDER, OR IN THE CASE OF AN 14,218
ADMINISTRATIVE CHILD SUPPORT ORDER, UNDER THE JURISDICTION OF THE 14,220
COMMON PLEAS COURT OF THE COUNTY IN WHICH THE AGENCY THAT ISSUED
OR IS ADMINISTERING THE ORDER IS LOCATED, THE COURT OR AGENCY MAY 14,223
REQUIRE ANY FINANCIAL INSTITUTION IN WHICH THE OBLIGOR'S FUNDS 14,224
ARE ON DEPOSIT TO DO ALL OF THE FOLLOWING:
(a) DEDUCT FROM THE OBLIGOR'S ACCOUNT A SPECIFIED AMOUNT 14,227
FOR SUPPORT IN SATISFACTION OF THE SUPPORT ORDER AND BEGIN THE 14,228
DEDUCTION NO LATER THAN FOURTEEN BUSINESS DAYS FOLLOWING THE DATE 14,229
THE NOTICE WAS MAILED TO THE FINANCIAL INSTITUTION UNDER SECTION 14,230
3121.035 OR 3123.06 OF THE REVISED CODE AND DIVISION (B)(2) OF 14,232
THIS SECTION;
(b) SEND THE AMOUNT DEDUCTED TO THE OFFICE OF CHILD 14,235
SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 14,237
3121.43 OF THE REVISED CODE IMMEDIATELY BUT NOT LATER THAN SEVEN 14,239
BUSINESS DAYS AFTER THE DATE THE LATEST DEDUCTION WAS MADE; 14,240
(c) PROVIDE THE DATE ON WHICH THE AMOUNT WAS DEDUCTED; 14,243
(d) CONTINUE THE DEDUCTION AT INTERVALS SPECIFIED IN THE 14,246
NOTICE UNTIL FURTHER NOTICE FROM THE COURT OR CHILD SUPPORT 14,247
ENFORCEMENT AGENCY.
TO THE EXTENT POSSIBLE, THE AMOUNT TO BE DEDUCTED SHALL 14,250
SATISFY THE AMOUNT ORDERED FOR SUPPORT IN THE SUPPORT ORDER PLUS 14,251
ANY ARREARAGES THAT MAY BE OWED BY THE OBLIGOR UNDER ANY PRIOR 14,252
SUPPORT ORDER THAT PERTAINED TO THE SAME CHILD OR SPOUSE, 14,253
NOTWITHSTANDING THE LIMITATIONS OF SECTIONS 2329.66, 2329.70, AND 14,254
2716.13 OF THE REVISED CODE.
(2) A COURT OR AGENCY THAT IMPOSES A DEDUCTION REQUIREMENT 14,257
327
SHALL, WITHIN THE APPLICABLE PERIOD OF TIME SPECIFIED IN SECTION 14,259
3119.80, 3119.81, 3121.035, OR 3123.06 OF THE REVISED CODE, SEND
TO THE FINANCIAL INSTITUTION BY REGULAR MAIL A NOTICE THAT 14,262
CONTAINS ALL OF THE INFORMATION APPLICABLE TO DEDUCTION NOTICES 14,263
SET FORTH IN SECTION 3121.037 OF THE REVISED CODE. THE NOTICE IS 14,265
FINAL AND IS ENFORCEABLE BY THE COURT.
(C) WITH RESPECT TO ANY COURT SUPPORT ORDER IT ISSUES, A 14,267
COURT MAY ISSUE AN ORDER REQUIRING THE OBLIGOR TO ENTER INTO A 14,270
CASH BOND WITH THE COURT. THE COURT SHALL ISSUE THE ORDER AS 14,271
PART OF THE COURT SUPPORT ORDER OR, IF THE COURT SUPPORT ORDER
HAS PREVIOUSLY BEEN ISSUED, AS A SEPARATE ORDER. THE CASH BOND 14,272
SHALL BE IN A SUM FIXED BY THE COURT AT NOT LESS THAN FIVE 14,274
HUNDRED NOR MORE THAN TEN THOUSAND DOLLARS, CONDITIONED THAT THE 14,275
OBLIGOR WILL MAKE PAYMENT AS PREVIOUSLY ORDERED AND WILL PAY ANY 14,276
ARREARAGES UNDER ANY PRIOR COURT SUPPORT ORDER THAT PERTAINED TO
THE SAME CHILD OR SPOUSE. 14,277
THE ORDER, ALONG WITH AN ADDITIONAL ORDER REQUIRING THE 14,280
OBLIGOR TO IMMEDIATELY NOTIFY THE CHILD SUPPORT ENFORCEMENT 14,281
AGENCY, IN WRITING, IF THE OBLIGOR BEGINS TO RECEIVE INCOME FROM 14,283
A PAYOR, SHALL BE ATTACHED TO AND SERVED ON THE OBLIGOR AT THE 14,284
SAME TIME AS SERVICE OF THE COURT SUPPORT ORDER OR, IF THE COURT 14,285
SUPPORT ORDER HAS PREVIOUSLY BEEN ISSUED, AS SOON AS POSSIBLE 14,286
AFTER THE ISSUANCE OF THE ORDER UNDER THIS SECTION. THE 14,287
ADDITIONAL ORDER REQUIRING NOTICE BY THE OBLIGOR SHALL STATE ALL 14,288
OF THE FOLLOWING:
(1) THAT WHEN THE OBLIGOR BEGINS TO RECEIVE INCOME FROM A 14,291
PAYOR THE OBLIGOR MAY REQUEST THAT THE COURT CANCEL ITS BOND 14,292
ORDER AND INSTEAD ISSUE A NOTICE REQUIRING THE WITHHOLDING OF AN 14,293
AMOUNT FROM INCOME FOR SUPPORT IN ACCORDANCE WITH THIS SECTION; 14,295
(2) THAT WHEN THE OBLIGOR BEGINS TO RECEIVE INCOME FROM A 14,298
PAYOR THE COURT WILL PROCEED TO COLLECT ON THE BOND IF THE COURT 14,299
DETERMINES THAT PAYMENTS DUE UNDER THE COURT SUPPORT ORDER HAVE 14,300
NOT BEEN MADE AND THAT THE AMOUNT THAT HAS NOT BEEN PAID IS AT 14,301
LEAST EQUAL TO THE SUPPORT OWED FOR ONE MONTH UNDER THE COURT 14,302
328
SUPPORT ORDER AND WILL ISSUE A NOTICE REQUIRING THE WITHHOLDING 14,303
OF AN AMOUNT FROM INCOME FOR SUPPORT IN ACCORDANCE WITH THIS 14,305
SECTION. THE NOTICE REQUIRED OF THE OBLIGOR SHALL INCLUDE A 14,306
DESCRIPTION OF THE NATURE OF ANY NEW EMPLOYMENT, THE NAME AND 14,307
BUSINESS ADDRESS OF ANY NEW EMPLOYER, AND ANY OTHER INFORMATION 14,308
REASONABLY REQUIRED BY THE COURT.
THE COURT SHALL NOT ORDER AN OBLIGOR TO POST A CASH BOND 14,310
UNDER THIS SECTION UNLESS THE COURT DETERMINES THAT THE OBLIGOR 14,311
HAS THE ABILITY TO DO SO. 14,312
A CHILD SUPPORT ENFORCEMENT AGENCY MAY NOT ISSUE A CASH 14,315
BOND ORDER. IF A CHILD SUPPORT ENFORCEMENT AGENCY IS REQUIRED TO 14,316
ISSUE A WITHHOLDING OR DEDUCTION NOTICE UNDER THIS SECTION WITH 14,318
RESPECT TO A COURT SUPPORT ORDER BUT THE AGENCY DETERMINES THAT
NO WITHHOLDING OR DEDUCTION NOTICE WOULD BE APPROPRIATE, THE 14,320
AGENCY MAY REQUEST THAT THE COURT ISSUE A CASH BOND ORDER UNDER 14,321
THIS SECTION, AND UPON THE REQUEST, THE COURT MAY ISSUE THE 14,322
ORDER.
(D)(1) IF THE OBLIGOR UNDER A COURT SUPPORT ORDER IS 14,324
UNEMPLOYED, HAS NO INCOME, AND DOES NOT HAVE AN ACCOUNT AT ANY 14,326
FINANCIAL INSTITUTION, OR ON REQUEST OF A CHILD SUPPORT 14,327
ENFORCEMENT AGENCY UNDER DIVISION (D)(1) OR (2) OF THIS SECTION, 14,328
THE COURT SHALL ISSUE AN ORDER REQUIRING THE OBLIGOR, IF ABLE TO 14,330
ENGAGE IN EMPLOYMENT, TO SEEK EMPLOYMENT OR PARTICIPATE IN A WORK 14,332
ACTIVITY TO WHICH A RECIPIENT OF ASSISTANCE UNDER TITLE IV-A OF 14,335
THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, 14,340
AS AMENDED, MAY BE ASSIGNED AS SPECIFIED IN SECTION 407(d) OF THE 14,341
"SOCIAL SECURITY ACT," 42 U.S.C.A. 607(d), AS AMENDED. THE COURT 14,346
SHALL INCLUDE IN THE ORDER A REQUIREMENT THAT THE OBLIGOR NOTIFY 14,348
THE CHILD SUPPORT ENFORCEMENT AGENCY ON OBTAINING EMPLOYMENT, 14,349
OBTAINING ANY INCOME, OR OBTAINING OWNERSHIP OF ANY ASSET WITH A 14,351
VALUE OF FIVE HUNDRED DOLLARS OR MORE. THE COURT MAY ISSUE THE 14,352
ORDER REGARDLESS OF WHETHER THE OBLIGEE TO WHOM THE OBLIGOR OWES 14,353
SUPPORT IS A RECIPIENT OF ASSISTANCE UNDER TITLE IV-A OF THE 14,355
"SOCIAL SECURITY ACT." THE COURT SHALL ISSUE THE ORDER AS PART 14,356
329
OF A COURT SUPPORT ORDER OR, IF A COURT SUPPORT ORDER HAS 14,358
PREVIOUSLY BEEN ISSUED, AS A SEPARATE ORDER. IF A CHILD SUPPORT 14,359
ENFORCEMENT AGENCY IS REQUIRED TO ISSUE A WITHHOLDING OR 14,360
DEDUCTION NOTICE UNDER THIS SECTION WITH RESPECT TO A COURT 14,362
SUPPORT ORDER BUT DETERMINES THAT NO WITHHOLDING OR DEDUCTION 14,363
NOTICE WOULD BE APPROPRIATE, THE AGENCY MAY REQUEST THAT THE 14,365
COURT ISSUE A COURT ORDER UNDER DIVISION (D)(1) OF THIS SECTION, 14,366
AND, ON THE REQUEST, THE COURT MAY ISSUE THE ORDER. 14,368
(2) IF THE OBLIGOR UNDER AN ADMINISTRATIVE CHILD SUPPORT 14,370
ORDER IS UNEMPLOYED, HAS NO INCOME, AND DOES NOT HAVE AN ACCOUNT 14,371
AT ANY FINANCIAL INSTITUTION, THE AGENCY SHALL ISSUE AN 14,372
ADMINISTRATIVE ORDER REQUIRING THE OBLIGOR, IF ABLE TO ENGAGE IN 14,373
EMPLOYMENT, TO SEEK EMPLOYMENT OR PARTICIPATE IN A WORK ACTIVITY 14,374
TO WHICH A RECIPIENT OF ASSISTANCE UNDER TITLE IV-A OF THE 14,375
"SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS 14,376
AMENDED, MAY BE ASSIGNED AS SPECIFIED IN SECTION 407(d) OF THE 14,378
"SOCIAL SECURITY ACT," 42 U.S.C.A. 607(d), AS AMENDED. THE 14,379
AGENCY SHALL INCLUDE IN THE ORDER A REQUIREMENT THAT THE OBLIGOR 14,380
NOTIFY THE AGENCY ON OBTAINING EMPLOYMENT OR INCOME, OR OWNERSHIP 14,381
OF ANY ASSET WITH A VALUE OF FIVE HUNDRED DOLLARS OR MORE. THE 14,382
AGENCY MAY ISSUE THE ORDER REGARDLESS OF WHETHER THE OBLIGEE TO
WHOM THE OBLIGOR OWES SUPPORT IS A RECIPIENT OF ASSISTANCE UNDER 14,383
TITLE IV-A OF THE "SOCIAL SECURITY ACT." IF AN OBLIGOR FAILS TO 14,385
COMPLY WITH AN ADMINISTRATIVE ORDER ISSUED PURSUANT TO DIVISION 14,387
(D)(2) OF THIS SECTION, THE AGENCY SHALL SUBMIT A REQUEST TO A 14,389
COURT FOR THE COURT TO ISSUE AN ORDER UNDER DIVISION (D)(1) OF 14,390
THIS SECTION.
Sec. 3121.031. IN ANY ACTION IN WHICH A COURT SUPPORT 14,392
ORDER IS ISSUED OR MODIFIED, THE COURT ISSUING OR MODIFYING THE 14,394
ORDER SHALL CONDUCT A HEARING, PRIOR TO OR AT THE TIME OF THE 14,395
ISSUANCE OF THE ORDER, TO DETERMINE THE EMPLOYMENT STATUS OF THE 14,396
OBLIGOR, THE OBLIGOR'S SOCIAL SECURITY NUMBER, THE NAME AND 14,397
BUSINESS ADDRESS OF THE OBLIGOR'S EMPLOYER, AND ANY OTHER 14,398
INFORMATION NECESSARY TO ENABLE THE COURT OR A CHILD SUPPORT 14,399
330
ENFORCEMENT AGENCY TO ISSUE ANY WITHHOLDING OR DEDUCTION NOTICE 14,400
DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE OR FOR THE COURT 14,401
TO ISSUE A COURT ORDER DESCRIBED IN DIVISION (C) OR (D) OF 14,402
SECTION 3121.03 OF THE REVISED CODE. THE COURT, PRIOR TO THE
HEARING, SHALL GIVE THE OBLIGOR NOTICE OF THE HEARING. THE 14,405
NOTICE SHALL INCLUDE THE DATE ON WHICH IT IS GIVEN AND NOTICE 14,406
THAT THE OBLIGOR IS SUBJECT TO WITHHOLDING OF A SPECIFIED AMOUNT 14,407
FROM INCOME IF EMPLOYED AND TO ONE OR MORE OTHER TYPES OF 14,409
WITHHOLDING OR DEDUCTION REQUIREMENTS DESCRIBED IN SECTION 14,410
3121.03 OF THE REVISED CODE OR ONE OR MORE TYPES OF COURT ORDERS 14,411
DESCRIBED IN DIVISION (C) OR (D) OF SECTION 3121.03 OF THE 14,412
REVISED CODE AND THAT THE OBLIGOR MAY PRESENT EVIDENCE AND 14,414
TESTIMONY AT THE HEARING TO PROVE THAT ANY OF THE REQUIREMENTS 14,415
ARE NOT PROPER BECAUSE OF A MISTAKE OF FACT. 14,416
Sec. 3121.032. A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY 14,418
THAT ISSUES OR MODIFIES A SUPPORT ORDER SHALL DETERMINE THE 14,419
WITHHOLDING OR DEDUCTION REQUIREMENTS OR OTHER APPROPRIATE 14,420
REQUIREMENTS APPLICABLE TO THE OBLIGOR UNDER THE SUPPORT ORDER IN 14,421
ACCORDANCE WITH SECTIONS 3121.03, 3121.04 TO 3121.08, AND 3121.12 14,422
OF THE REVISED CODE AND INCLUDE THE REQUIREMENTS IN THE 14,423
WITHHOLDING OR DEDUCTION NOTICES DESCRIBED IN SECTION 3121.03 OF 14,424
THE REVISED CODE OR IN THE ORDERS DESCRIBED IN SECTIONS 3121.03, 14,425
3121.04 TO 3121.08, AND 3121.12 OF THE REVISED CODE.
Sec. 3121.033. IF A COURT OR CHILD SUPPORT ENFORCEMENT 14,427
AGENCY IS REQUIRED TO ISSUE ONE OR MORE NOTICES OR ORDERS 14,429
DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE, THE COURT OR 14,431
AGENCY TO THE EXTENT POSSIBLE SHALL ISSUE A SUFFICIENT NUMBER OF 14,432
THE NOTICES OR ORDERS TO PROVIDE THAT THE AGGREGATE AMOUNT 14,433
WITHHELD OR DEDUCTED UNDER THOSE NOTICES OR ORDERS SATISFIES THE 14,434
AMOUNT ORDERED FOR SUPPORT IN THE SUPPORT ORDER PLUS ANY 14,435
ARREARAGES OWED BY THE OBLIGOR UNDER ANY PRIOR SUPPORT ORDER THAT 14,436
PERTAINED TO THE SAME CHILD OR SPOUSE, NOTWITHSTANDING THE 14,437
LIMITATIONS OF SECTIONS 2329.66, 2329.70, 2716.02, 2716.041, 14,438
2713.05, 2716.13, AND 4123.67 OF THE REVISED CODE. HOWEVER, IN 14,439
331
NO CASE SHALL THE AGGREGATE AMOUNT WITHHELD PURSUANT TO A 14,441
WITHHOLDING NOTICE DESCRIBED IN SECTION 3121.03 OF THE REVISED 14,442
CODE AND ANY FEES WITHHELD PURSUANT TO THE NOTICE AS A CHARGE FOR 14,443
SERVICES EXCEED THE MAXIMUM AMOUNT PERMITTED UNDER SECTION 303(b) 14,444
OF THE "CONSUMER CREDIT PROTECTION ACT," 15 U.S.C. 1673(b). 14,446
Sec. 3121.034. (A) A WITHHOLDING OR DEDUCTION REQUIREMENT 14,448
CONTAINED IN A WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN 14,449
SECTION 3121.03 OF THE REVISED CODE HAS PRIORITY OVER ANY ORDER 14,451
OF ATTACHMENT, ANY ORDER IN AID OF EXECUTION, AND ANY OTHER LEGAL 14,452
PROCESS ISSUED UNDER STATE LAW AGAINST THE SAME EARNINGS, 14,453
PAYMENTS, OR ACCOUNT.
(B) WHEN TWO OR MORE WITHHOLDING NOTICES ARE RECEIVED BY A 14,456
PAYOR, THE PAYOR SHALL COMPLY WITH ALL OF THE REQUIREMENTS 14,458
CONTAINED IN THE NOTICES TO THE EXTENT THAT THE TOTAL AMOUNT 14,459
WITHHELD FROM THE OBLIGOR'S INCOME DOES NOT EXCEED THE MAXIMUM 14,460
AMOUNT PERMITTED UNDER SECTION 303(b) OF THE "CONSUMER CREDIT 14,462
PROTECTION ACT," 15 U.S.C. 1673(b), WITHHOLD AMOUNTS IN 14,463
ACCORDANCE WITH THE ALLOCATION SET FORTH IN DIVISIONS (B)(1) AND 14,466
(2) OF THIS SECTION, NOTIFY EACH COURT OR CHILD SUPPORT 14,467
ENFORCEMENT AGENCY THAT ISSUED ONE OF THE NOTICES OF THE 14,468
ALLOCATION, AND GIVE PRIORITY TO AMOUNTS DESIGNATED IN EACH 14,469
NOTICE AS CURRENT SUPPORT IN THE FOLLOWING MANNER: 14,470
(1) IF THE TOTAL OF THE AMOUNTS DESIGNATED IN THE NOTICES 14,472
AS CURRENT SUPPORT EXCEEDS THE AMOUNT AVAILABLE FOR WITHHOLDING 14,473
UNDER SECTION 303(b) OF THE "CONSUMER CREDIT PROTECTION ACT," 15 14,475
U.S.C. 1673(b), THE PAYOR SHALL ALLOCATE TO EACH NOTICE AN AMOUNT 14,477
FOR CURRENT SUPPORT EQUAL TO THE AMOUNT DESIGNATED IN THAT NOTICE 14,479
AS CURRENT SUPPORT MULTIPLIED BY A FRACTION IN WHICH THE 14,480
NUMERATOR IS THE AMOUNT OF INCOME AVAILABLE FOR WITHHOLDING AND 14,483
THE DENOMINATOR IS THE TOTAL AMOUNT DESIGNATED IN ALL OF THE 14,484
NOTICES AS CURRENT SUPPORT.
(2) IF THE TOTAL OF THE AMOUNTS DESIGNATED IN THE NOTICES 14,486
AS CURRENT SUPPORT DOES NOT EXCEED THE AMOUNT AVAILABLE FOR 14,487
WITHHOLDING UNDER SECTION 303(b) OF THE "CONSUMER CREDIT 14,490
332
PROTECTION ACT," 15 U.S.C. 1673(b), THE PAYOR SHALL PAY ALL OF 14,491
THE AMOUNTS DESIGNATED AS CURRENT SUPPORT IN THE NOTICES AND 14,492
SHALL ALLOCATE TO EACH NOTICE AN AMOUNT FOR PAST-DUE SUPPORT 14,493
EQUAL TO THE AMOUNT DESIGNATED IN THAT NOTICE AS PAST-DUE SUPPORT 14,494
MULTIPLIED BY A FRACTION IN WHICH THE NUMERATOR IS THE AMOUNT OF 14,495
INCOME REMAINING AVAILABLE FOR WITHHOLDING AFTER THE PAYMENT OF 14,497
CURRENT SUPPORT AND THE DENOMINATOR IS THE TOTAL AMOUNT 14,498
DESIGNATED IN ALL OF THE NOTICES AS PAST-DUE SUPPORT. 14,499
Sec. 3121.035. WITHIN FIFTEEN DAYS AFTER AN OBLIGOR UNDER 14,501
A SUPPORT ORDER IS LOCATED FOLLOWING ISSUANCE OR MODIFICATION OF 14,502
THE SUPPORT ORDER OR WITHIN FIFTEEN DAYS AFTER DEFAULT UNDER A 14,504
SUPPORT ORDER, WHICHEVER IS APPLICABLE, THE COURT OR CHILD
SUPPORT ENFORCEMENT AGENCY THAT ISSUED OR MODIFIED THE SUPPORT 14,506
ORDER, OR THE AGENCY, PURSUANT TO AN AGREEMENT WITH THE COURT 14,507
WITH RESPECT TO A COURT SUPPORT ORDER, SHALL DO EITHER OF THE 14,508
FOLLOWING:
(A) IF A WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN 14,511
SECTION 3121.03 OF THE REVISED CODE IS APPROPRIATE, SEND THE 14,512
NOTICE BY REGULAR MAIL TO EACH PERSON REQUIRED TO COMPLY WITH IT; 14,513
(B) IF AN ORDER DESCRIBED IN SECTION 3121.03, 3121.04 TO 14,516
3121.08, OR 3121.12 OF THE REVISED CODE IS APPROPRIATE, ISSUE AND 14,518
SEND THE APPROPRIATE ORDER.
Sec. 3121.036. (A) A COURT OR AGENCY THAT SENDS A 14,520
WITHHOLDING OR DEDUCTION NOTICE UNDER SECTION 3121.03 OF THE 14,521
REVISED CODE TO AN OBLIGOR SHALL ATTACH TO THE NOTICE AN 14,523
ADDITIONAL NOTICE REQUIRING THE OBLIGOR TO IMMEDIATELY NOTIFY THE 14,524
CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER, 14,525
IN WRITING, OF THE FOLLOWING: 14,526
(1) IN THE CASE OF A WITHHOLDING NOTICE: 14,528
(a) ANY CHANGE IN THE OBLIGOR'S INCOME SOURCE AND OF THE 14,530
AVAILABILITY OF ANY OTHER SOURCES OF INCOME THAT CAN BE THE 14,531
SUBJECT OF WITHHOLDING OR DEDUCTION; 14,532
(b) THE NATURE OF ANY NEW EMPLOYMENT OR INCOME SOURCE AND 14,534
THE NAME, BUSINESS ADDRESS, AND TELEPHONE NUMBER OF THE NEW 14,535
333
EMPLOYER OR INCOME SOURCE; 14,536
(c) ANY OTHER INFORMATION REASONABLY REQUIRED BY THE COURT 14,538
OR AGENCY. 14,539
(2) IN THE CASE OF A DEDUCTION NOTICE: 14,541
(a) ANY CHANGE IN THE STATUS OF THE ACCOUNT FROM WHICH THE 14,543
SUPPORT IS BEING DEDUCTED OR THE OPENING OF A NEW ACCOUNT WITH 14,544
ANY FINANCIAL INSTITUTION, OF THE COMMENCEMENT OF EMPLOYMENT, 14,546
INCLUDING SELF-EMPLOYMENT, OR OF THE AVAILABILITY OF ANY OTHER 14,547
SOURCES OF INCOME THAT CAN BE THE SUBJECT OF WITHHOLDING OR 14,548
DEDUCTION;
(b) ANY NEW ACCOUNT OPENED AT A FINANCIAL INSTITUTION AND 14,550
THE NAME AND BUSINESS ADDRESS OF THAT FINANCIAL INSTITUTION; 14,551
(c) THE NATURE OF ANY NEW EMPLOYMENT OR INCOME SOURCE AND 14,553
THE NAME, BUSINESS ADDRESS, AND TELEPHONE NUMBER OF THE NEW 14,554
EMPLOYER OR INCOME SOURCE; 14,555
(d) ANY OTHER INFORMATION REASONABLY REQUIRED BY THE COURT 14,557
OR AGENCY. 14,558
(C) THE ADDITIONAL NOTICE REQUIRED BY THIS SECTION SHALL 14,560
SPECIFY THAT, ON COMMENCEMENT OF EMPLOYMENT, THE OBLIGOR MAY 14,561
REQUEST THAT THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY CANCEL 14,562
ITS DEDUCTION NOTICE AND INSTEAD ISSUE A WITHHOLDING NOTICE TO 14,563
COLLECT SUPPORT AMOUNTS AND THAT, ON COMMENCEMENT OF EMPLOYMENT, 14,564
THE COURT OR AGENCY MAY CANCEL ITS DEDUCTION NOTICE AND INSTEAD 14,565
ISSUE A WITHHOLDING NOTICE TO COLLECT SUPPORT AMOUNTS. 14,566
(D) THE COURT OR AGENCY SHALL SERVE THE ADDITIONAL NOTICE 14,568
REQUIRED BY THIS SECTION ON THE OBLIGOR AT THE TIME OF SERVICE OF 14,569
THE SUPPORT ORDER OR, IF THE SUPPORT ORDER HAS BEEN ISSUED 14,570
PREVIOUSLY, SHALL SEND THE NOTICE TO THE OBLIGOR BY REGULAR MAIL 14,571
AT THE LAST KNOWN ADDRESS AT THE TIME IT SENDS THE WITHHOLDING 14,572
NOTICE TO THE PAYOR OR THE DEDUCTION NOTICE TO A FINANCIAL 14,573
INSTITUTION. 14,574
(E) NO OBLIGOR SHALL FAIL TO GIVE THE NOTICE DESCRIBED IN 14,576
DIVISION (A)(1) OF THIS SECTION. 14,577
Sec. 3121.037. (A) A WITHHOLDING NOTICE SENT UNDER 14,579
334
SECTION 3121.03 OF THE REVISED CODE SHALL CONTAIN ALL OF THE 14,581
FOLLOWING:
(1) NOTICE OF THE AMOUNT TO BE WITHHELD FROM THE OBLIGOR'S 14,583
INCOME AND A STATEMENT THAT, NOTWITHSTANDING THAT AMOUNT, THE 14,584
PAYOR MAY NOT WITHHOLD AN AMOUNT FOR SUPPORT AND OTHER PURPOSES, 14,586
INCLUDING THE FEE DESCRIBED IN DIVISION (A)(11) OF THIS SECTION, 14,587
THAT EXCEEDS THE MAXIMUM AMOUNTS PERMITTED UNDER SECTION 303(b) 14,588
OF THE "CONSUMER CREDIT PROTECTION ACT," 15 U.S.C. 1673(b); 14,591
(2) A STATEMENT THAT THE PAYOR IS REQUIRED TO SEND THE 14,594
AMOUNT WITHHELD TO THE OFFICE OF CHILD SUPPORT IMMEDIATELY, BUT 14,595
NOT LATER THAN SEVEN BUSINESS DAYS, AFTER THE OBLIGOR IS PAID AND 14,596
IS REQUIRED TO REPORT TO THE AGENCY THE DATE THE AMOUNT WAS 14,597
WITHHELD;
(3) A STATEMENT THAT THE WITHHOLDING IS BINDING ON THE 14,599
PAYOR UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY; 14,600
(4) A STATEMENT THAT IF THE PAYOR IS AN EMPLOYER, THE 14,603
PAYOR IS SUBJECT TO A FINE TO BE DETERMINED UNDER THE LAW OF THIS 14,604
STATE FOR DISCHARGING THE OBLIGOR FROM EMPLOYMENT, REFUSING TO 14,605
EMPLOY THE OBLIGOR, OR TAKING ANY DISCIPLINARY ACTION AGAINST THE 14,606
OBLIGOR BECAUSE OF THE WITHHOLDING REQUIREMENT; 14,607
(5) A STATEMENT THAT, IF THE PAYOR FAILS TO WITHHOLD IN 14,610
ACCORDANCE WITH THE NOTICE, THE PAYOR IS LIABLE FOR THE 14,611
ACCUMULATED AMOUNT THE PAYOR SHOULD HAVE WITHHELD FROM THE 14,613
OBLIGOR'S INCOME;
(6) A STATEMENT THAT THE WITHHOLDING IN ACCORDANCE WITH 14,615
THE NOTICE HAS PRIORITY OVER ANY OTHER LEGAL PROCESS UNDER THE 14,617
LAW OF THIS STATE AGAINST THE SAME INCOME; 14,618
(7) THE DATE ON WHICH THE NOTICE WAS MAILED AND A 14,620
STATEMENT THAT THE PAYOR IS REQUIRED TO IMPLEMENT THE WITHHOLDING 14,622
NO LATER THAN FOURTEEN BUSINESS DAYS FOLLOWING THE DATE THE 14,623
NOTICE WAS MAILED OR, IF THE PAYOR IS AN EMPLOYER, NO LATER THAN 14,624
THE FIRST PAY PERIOD THAT OCCURS AFTER FOURTEEN BUSINESS DAYS 14,625
FOLLOWING THE DATE THE NOTICE WAS MAILED, AND IS REQUIRED TO 14,626
CONTINUE THE WITHHOLDING AT THE INTERVALS SPECIFIED IN THE 14,627
335
NOTICE;
(8) A REQUIREMENT THAT THE PAYOR DO BOTH OF THE FOLLOWING: 14,629
(a) PROMPTLY NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY 14,632
ADMINISTERING THE SUPPORT ORDER, IN WRITING, WITHIN TEN BUSINESS 14,633
DAYS AFTER THE DATE OF ANY SITUATION THAT OCCURS IN WHICH THE 14,634
PAYOR CEASES TO PAY INCOME TO THE OBLIGOR IN AN AMOUNT SUFFICIENT 14,635
TO COMPLY WITH THE ORDER, INCLUDING TERMINATION OF EMPLOYMENT, 14,637
LAYOFF OF THE OBLIGOR FROM EMPLOYMENT, ANY LEAVE OF ABSENCE OF 14,638
THE OBLIGOR FROM EMPLOYMENT WITHOUT PAY, TERMINATION OF WORKERS' 14,639
COMPENSATION BENEFITS, OR TERMINATION OF ANY PENSION, ANNUITY,
ALLOWANCE, OR RETIREMENT BENEFIT; 14,640
(b) PROVIDE THE AGENCY WITH THE OBLIGOR'S LAST KNOWN 14,643
ADDRESS AND, IF KNOWN, NOTIFY THE AGENCY OF ANY NEW EMPLOYER OR 14,644
INCOME SOURCE AND THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE 14,645
NEW EMPLOYER OR INCOME SOURCE.
(9) A REQUIREMENT THAT, IF THE PAYOR IS AN EMPLOYER, THE 14,648
PAYOR DO BOTH OF THE FOLLOWING:
(a) IDENTIFY IN THE NOTICE GIVEN UNDER DIVISION (A)(8) OF 14,652
THIS SECTION ANY TYPES OF BENEFITS OTHER THAN PERSONAL EARNINGS 14,653
THE OBLIGOR IS RECEIVING OR IS ELIGIBLE TO RECEIVE AS A BENEFIT 14,654
OF EMPLOYMENT OR AS A RESULT OF THE OBLIGOR'S TERMINATION OF 14,655
EMPLOYMENT, INCLUDING, BUT NOT LIMITED TO, UNEMPLOYMENT 14,656
COMPENSATION, WORKERS' COMPENSATION BENEFITS, SEVERANCE PAY, SICK 14,657
LEAVE, LUMP SUM PAYMENTS OF RETIREMENT BENEFITS OR CONTRIBUTIONS, 14,658
AND BONUSES OR PROFIT-SHARING PAYMENTS OR DISTRIBUTIONS, AND THE 14,659
AMOUNT OF THE BENEFITS; 14,660
(b) INCLUDE IN THE NOTICE THE OBLIGOR'S LAST KNOWN ADDRESS 14,663
AND TELEPHONE NUMBER, DATE OF BIRTH, SOCIAL SECURITY NUMBER, AND 14,664
COURT CASE NUMBER AND, IF KNOWN, THE NAME AND BUSINESS ADDRESS OF 14,665
ANY NEW EMPLOYER OF THE OBLIGOR.
(10) A REQUIREMENT THAT, NO LATER THAN THE EARLIER OF 14,667
FORTY-FIVE DAYS BEFORE A LUMP SUM PAYMENT IS TO BE MADE OR, IF 14,668
THE OBLIGOR'S RIGHT TO THE LUMP SUM PAYMENT IS DETERMINED LESS 14,669
THAN FORTY-FIVE DAYS BEFORE IT IS TO BE MADE, THE DATE ON WHICH 14,670
336
THAT DETERMINATION IS MADE, THE PAYOR NOTIFY THE CHILD SUPPORT 14,672
ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER OF ANY LUMP 14,673
SUM PAYMENT OF ANY KIND OF ONE HUNDRED FIFTY DOLLARS OR MORE THAT 14,675
IS TO BE PAID TO THE OBLIGOR, HOLD EACH LUMP SUM PAYMENT OF ONE 14,677
HUNDRED FIFTY DOLLARS OR MORE FOR THIRTY DAYS AFTER THE DATE ON 14,679
WHICH IT WOULD OTHERWISE BE PAID TO THE OBLIGOR AND, ON ORDER OF 14,681
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 14,684
SUPPORT.
(11) A STATEMENT THAT, IN ADDITION TO THE AMOUNT WITHHELD 14,686
FOR SUPPORT, THE PAYOR MAY WITHHOLD A FEE FROM THE OBLIGOR'S 14,688
INCOME AS A CHARGE FOR ITS SERVICES IN COMPLYING WITH THE NOTICE 14,691
AND A SPECIFICATION OF THE AMOUNT THAT MAY BE WITHHELD.
(B) A DEDUCTION NOTICE SENT UNDER SECTION 3121.03 OF THE 14,694
REVISED CODE SHALL CONTAIN ALL OF THE FOLLOWING:
(1) NOTICE OF THE AMOUNT TO BE DEDUCTED FROM THE OBLIGOR'S 14,696
ACCOUNT;
(2) A STATEMENT THAT THE FINANCIAL INSTITUTION IS REQUIRED 14,699
TO SEND THE AMOUNT DEDUCTED TO THE OFFICE OF CHILD SUPPORT
IMMEDIATELY, BUT NOT LATER THAN SEVEN BUSINESS DAYS, AFTER THE 14,702
DATE THE LAST DEDUCTION WAS MADE AND TO REPORT TO THE CHILD 14,703
SUPPORT ENFORCEMENT AGENCY THE DATE ON WHICH THE AMOUNT WAS 14,704
DEDUCTED;
(3) A STATEMENT THAT THE DEDUCTION IS BINDING ON THE 14,706
FINANCIAL INSTITUTION UNTIL FURTHER NOTICE FROM THE COURT OR 14,707
AGENCY; 14,708
(4) A STATEMENT THAT THE DEDUCTION IN ACCORDANCE WITH THE 14,711
NOTICE HAS PRIORITY OVER ANY OTHER LEGAL PROCESS UNDER THE LAW OF 14,712
THIS STATE AGAINST THE SAME ACCOUNT; 14,713
(5) THE DATE ON WHICH THE NOTICE WAS MAILED AND A 14,715
STATEMENT THAT THE FINANCIAL INSTITUTION IS REQUIRED TO IMPLEMENT 14,716
THE DEDUCTION NO LATER THAN FOURTEEN BUSINESS DAYS FOLLOWING THAT 14,717
DATE AND TO CONTINUE THE DEDUCTION AT THE INTERVALS SPECIFIED IN 14,719
THE NOTICE;
337
(6) A REQUIREMENT THAT THE FINANCIAL INSTITUTION PROMPTLY 14,721
NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE 14,722
SUPPORT ORDER, IN WRITING, WITHIN TEN DAYS AFTER THE DATE OF ANY 14,724
TERMINATION OF THE ACCOUNT FROM WHICH THE DEDUCTION IS BEING MADE 14,725
AND NOTIFY THE AGENCY, IN WRITING, OF THE OPENING OF A NEW 14,726
ACCOUNT AT THAT FINANCIAL INSTITUTION, THE ACCOUNT NUMBER OF THE 14,727
NEW ACCOUNT, THE NAME OF ANY OTHER KNOWN FINANCIAL INSTITUTIONS 14,728
IN WHICH THE OBLIGOR HAS ANY ACCOUNTS, AND THE NUMBERS OF THOSE 14,729
ACCOUNTS;
(7) A REQUIREMENT THAT THE FINANCIAL INSTITUTION INCLUDE 14,731
IN ALL NOTICES THE OBLIGOR'S LAST KNOWN MAILING ADDRESS, LAST 14,732
KNOWN RESIDENCE ADDRESS, AND SOCIAL SECURITY NUMBER; 14,733
(8) A STATEMENT THAT, IN ADDITION TO THE AMOUNT DEDUCTED 14,736
FOR SUPPORT, THE FINANCIAL INSTITUTION MAY DEDUCT A FEE FROM THE 14,737
OBLIGOR'S ACCOUNT AS A CHARGE FOR ITS SERVICES IN COMPLYING WITH 14,738
THE NOTICE AND A SPECIFICATION OF THE AMOUNT THAT MAY BE 14,739
DEDUCTED.
Sec. 3121.038. WITH RESPECT TO AN ADMINISTRATIVE CHILD 14,741
SUPPORT ORDER, EACH WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN 14,742
SECTION 3121.03 OF THE REVISED CODE SHALL INCLUDE NOTICE OF ALL 14,744
OF THE FOLLOWING:
(A) THAT THE CHILD SUPPORT ENFORCEMENT AGENCY MAY BRING AN 14,746
ACTION UNDER SECTION 3121.37 OF THE REVISED CODE REQUESTING THAT 14,747
THE COURT FIND THE PAYOR OR FINANCIAL INSTITUTION IN CONTEMPT 14,748
PURSUANT TO SECTION 2705.02 OF THE REVISED CODE IF THE PAYOR OR 14,749
FINANCIAL INSTITUTION FAILS TO COMPLY WITH THE WITHHOLDING OR
DEDUCTION NOTICE; 14,750
(B) THAT, IF THE PAYOR OR FINANCIAL INSTITUTION FAILS TO 14,752
COMPLY WITH THE WITHHOLDING OR DEDUCTION NOTICE, THE FAILURE TO 14,753
COMPLY IS CONTEMPT.
Sec. 3121.039. NO WITHHOLDING OR DEDUCTION NOTICE OR OTHER 14,756
ORDER DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE SHALL 14,757
CONTAIN ANY INFORMATION OTHER THAN THE INFORMATION SPECIFICALLY 14,758
REQUIRED BY THE REVISED CODE AND ANY ADDITIONAL INFORMATION THAT 14,760
338
THE ISSUING COURT OR AGENCY DETERMINES MAY BE NECESSARY TO COMPLY 14,761
WITH THE NOTICE.
Sec. 3121.0310. (A) FOR PURPOSES OF CHAPTERS 3119., 14,763
3121., 3123., AND 3125. OF THE REVISED CODE, THE FOLLOWING SHALL 14,765
BE CONSIDERED A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER 14,767
SECTION 3121.03 OF THE REVISED CODE: 14,768
(1) A WITHHOLDING OR DEDUCTION ORDER THAT WAS ISSUED UNDER 14,771
DIVISION (D) OF SECTION 3113.21 OF THE REVISED CODE AS THAT 14,773
DIVISION EXISTED PRIOR TO DECEMBER 31, 1993, AND WAS NOT 14,774
TERMINATED ON OR AFTER THAT DATE; 14,775
(2) A WITHHOLDING OR DEDUCTION NOTICE THAT WAS ISSUED 14,778
UNDER DIVISION (D) OF SECTION 3113.21 OF THE REVISED CODE AS THAT 14,781
DIVISION EXISTED ON AND AFTER DECEMBER 31, 1993, AND PRIOR TO THE 14,783
EFFECTIVE DATE OF THIS AMENDMENT AND WAS NOT TERMINATED ON OR 14,784
AFTER THE EFFECTIVE DATE OF THIS AMENDMENT; 14,785
(3) A WITHHOLDING OR DEDUCTION ORDER THAT WAS ISSUED UNDER 14,788
FORMER SECTION 3111.23 OF THE REVISED CODE AS THAT SECTION 14,790
EXISTED PRIOR TO DECEMBER 31, 1993, AND THAT WAS NOT TERMINATED 14,791
ON OR AFTER THAT DATE; 14,792
(4) A WITHHOLDING OR DEDUCTION NOTICE THAT WAS ISSUED 14,795
UNDER FORMER SECTION 3111.23 OF THE REVISED CODE AS THAT SECTION 14,798
EXISTED ON AND AFTER DECEMBER 31, 1993, AND PRIOR TO THE 14,800
EFFECTIVE DATE OF THIS AMENDMENT AND THAT WAS NOT TERMINATED ON 14,801
OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT. 14,802
(B) FOR PURPOSES OF CHAPTERS 3119., 3121., 3123., AND 14,804
3125. OF THE REVISED CODE, THE FOLLOWING SHALL BE CONSIDERED 14,806
ORDERS ISSUED UNDER SECTION 3121.03, 3121.04, 3121.05, 3121.06, 14,807
OR 3121.12 OF THE REVISED CODE, AS APPLICABLE: 14,808
(1) AN ORDER ISSUED UNDER DIVISION (D)(6) OR (7) OR (H) OF 14,811
SECTION 3113.21 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR 14,813
TO JANUARY 1, 1998, AND THAT WAS NOT TERMINATED ON OR AFTER THAT 14,814
DATE;
(2) AN ORDER ISSUED UNDER DIVISION (D)(3) OR (4) OR (H) OF 14,817
SECTION 3113.21 OF THE REVISED CODE AS THAT DIVISION EXISTED ON 14,818
339
AND AFTER JANUARY 1, 1998, AND PRIOR TO THE EFFECTIVE DATE OF 14,820
THIS AMENDMENT AND THAT WAS NOT TERMINATED ON OR AFTER THE 14,821
EFFECTIVE DATE OF THIS AMENDMENT; 14,822
(3) AN ORDER ISSUED UNDER FORMER SECTION 3111.231 OF THE 14,826
REVISED CODE AND THAT WAS NOT TERMINATED ON OR AFTER THE 14,828
EFFECTIVE DATE OF THIS AMENDMENT. 14,829
Sec. 3121.0311. THE DEPARTMENT OF HUMAN SERVICES SHALL 14,831
ADOPT STANDARD FORMS FOR SUPPORT WITHHOLDING AND DEDUCTION 14,832
NOTICES DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE. ALL 14,833
COURTS AND CHILD SUPPORT ENFORCEMENT AGENCIES SHALL USE THE FORMS 14,835
IN ISSUING WITHHOLDING AND DEDUCTION NOTICES.
Sec. 3121.04. WHEN A PERSON WHO FAILS TO COMPLY WITH A 14,837
WITHHOLDING NOTICE DESCRIBED IN SECTION 3121.03 OF THE REVISED 14,838
CODE AND ISSUED TO ENFORCE A COURT SUPPORT ORDER DERIVES INCOME 14,840
FROM SELF-EMPLOYMENT OR COMMISSION, IS EMPLOYED BY AN EMPLOYER 14,841
NOT SUBJECT TO THE JURISDICTION OF THE COURT, OR IS IN ANY OTHER 14,842
EMPLOYMENT SITUATION THAT MAKES ISSUANCE OF A WITHHOLDING NOTICE 14,843
IMPRACTICABLE, THE COURT MAY REQUIRE THE PERSON TO ENTER INTO A 14,844
CASH BOND TO THE COURT IN A SUM FIXED BY THE COURT AT NOT LESS 14,845
THAN FIVE HUNDRED NOR MORE THAN TEN THOUSAND DOLLARS, CONDITIONED 14,846
THAT THE PERSON WILL MAKE PAYMENT AS PREVIOUSLY ORDERED. 14,847
Sec. 3121.05. WHEN A COURT DETERMINES AT A HEARING 14,849
CONDUCTED UNDER SECTION 3123.05 OF THE REVISED CODE, OR A CHILD 14,850
SUPPORT ENFORCEMENT AGENCY DETERMINES AT A HEARING UNDER SECTION 14,851
3123.04 OF THE REVISED CODE OR PURSUANT TO AN INVESTIGATION 14,852
CONDUCTED UNDER SECTION 3123.02 OF THE REVISED CODE, THAT THE 14,853
OBLIGOR UNDER THE COURT SUPPORT ORDER IN RELATION TO WHICH THE 14,854
HEARING OR INVESTIGATION IS CONDUCTED IS UNEMPLOYED AND HAS NO 14,856
OTHER SOURCE OF INCOME AND NO ASSETS SO THAT THE APPLICATION OF 14,857
SECTIONS 3121.03 AND 3123.06 OF THE REVISED CODE WOULD BE 14,858
IMPRACTICABLE, THE COURT SHALL ISSUE AN ORDER AS DESCRIBED IN 14,859
DIVISION (D)(1) OF SECTION 3121.03 OF THE REVISED CODE AND SHALL 14,860
ORDER THE OBLIGOR TO NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY 14,861
IN WRITING IMMEDIATELY OF THE RECEIPT OF ANY SOURCE OF INCOME OR 14,864
340
OF THE OPENING OF AN ACCOUNT IN A FINANCIAL INSTITUTION, AND TO 14,865
INCLUDE IN THE NOTIFICATION A DESCRIPTION OF THE NATURE OF THE 14,866
EMPLOYMENT OR INCOME SOURCE, THE NAME, BUSINESS ADDRESS, AND 14,867
TELEPHONE NUMBER OF THE EMPLOYER OR INCOME SOURCE, AND ANY OTHER 14,868
INFORMATION REASONABLY REQUIRED BY THE COURT. 14,869
Sec. 3121.06. WHEN A COURT DETERMINES, AT A HEARING 14,871
CONDUCTED UNDER SECTION 3121.031 OF THE REVISED CODE WITH RESPECT 14,872
TO A COURT SUPPORT ORDER BEING MODIFIED, THAT AN OBLIGOR IS 14,873
UNEMPLOYED, IS NOT RECEIVING WORKERS' COMPENSATION PAYMENTS, DOES 14,874
NOT HAVE AN ACCOUNT IN A FINANCIAL INSTITUTION, AND HAS NO OTHER 14,875
SOURCE OF INCOME AND NO ASSETS SO THAT THE APPLICATION OF 14,876
DIVISION (A), (B), OR (C) OF SECTION 3121.03 OF THE REVISED CODE 14,878
WOULD BE IMPRACTICABLE, THE COURT SHALL ISSUE AN ORDER AS 14,880
DESCRIBED IN DIVISION (D)(1) OF SECTION 3121.03 OF THE REVISED 14,881
CODE AND SHALL ORDER THE OBLIGOR TO NOTIFY THE CHILD SUPPORT 14,882
ENFORCEMENT AGENCY, IN WRITING, IMMEDIATELY OF THE RECEIPT OF ANY 14,884
SOURCE OF INCOME OR OF THE OPENING OF AN ACCOUNT IN A FINANCIAL 14,885
INSTITUTION, AND TO INCLUDE IN THE NOTIFICATION A DESCRIPTION OF 14,886
THE NATURE OF THE EMPLOYMENT OR INCOME SOURCE, THE NAME, BUSINESS 14,888
ADDRESS, AND TELEPHONE NUMBER OF THE EMPLOYER OR INCOME SOURCE OR 14,889
THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE FINANCIAL 14,890
INSTITUTION, AND ANY OTHER INFORMATION REASONABLY REQUIRED BY THE 14,891
COURT. 14,892
Sec. 2301.371 3121.07. (A) If a child support enforcement 14,901
agency discovers pursuant to an investigation conducted under 14,903
section 2301.37 3123.02 of the Revised Code that an obligor under 14,904
a child support order that it is administering may be receiving 14,906
unemployment compensation benefits or if a child support 14,907
enforcement agency receives notice or otherwise discovers that an 14,908
obligor under a child support order may be receiving unemployment 14,909
compensation benefits, the agency promptly shall conduct an 14,910
investigation to determine whether the obligor is receiving 14,911
unemployment compensation benefits and to determine the amount of 14,912
the benefits. The investigation shall be completed within ten 14,913
341
days of the agency's discovery or receipt of the notice. 14,914
(B)(1) Upon completion of an investigation conducted under 14,916
division (A) of this section, if the agency finds that the 14,917
obligor is receiving unemployment compensation benefits, it 14,918
shall, in accordance with sections 3111.20 to 3111.28 and 3113.21 14,919
to 3113.219 CHAPTER 3121. of the Revised Code, division (D)(4) of 14,922
section 4141.28 of the Revised Code, and federal law governing
the bureau of employment services, notify the bureau of 14,924
employment services to withhold or deduct an amount from the 14,926
unemployment compensation benefits to pay child support 14,927
obligations. ANY DEDUCTION FROM A SOURCE IN ACCORDANCE WITH THIS 14,928
SECTION AND DIVISION (D)(4) OF SECTION 4141.28 OF THE REVISED 14,929
CODE IS IN ADDITION TO, AND DOES NOT PRECLUDE, ANY WITHHOLDING OR 14,930
DEDUCTION FOR PURPOSES OF CHILD SUPPORT UNDER CHAPTERS 3119., 14,931
3121., AND 3123. OF THE REVISED CODE. 14,932
The agency may not impose the processing charge pursuant to 14,934
division (G)(1) of section 2301.35 3119.27 of the Revised Code 14,935
with respect to amounts withheld or deducted from unemployment 14,938
compensation pursuant to this section.
(2)(a) THE BUREAU OF EMPLOYMENT SERVICES, IN ACCORDANCE 14,940
WITH DIVISION (D)(4) OF SECTION 4141.28 OF THE REVISED CODE, 14,943
SHALL DEDUCT AND WITHHOLD FROM UNEMPLOYMENT COMPENSATION PAYABLE 14,944
TO THE OBLIGOR, AND PAY TO THE APPROPRIATE CHILD SUPPORT 14,945
ENFORCEMENT ENTITY, WHICHEVER OF THE FOLLOWING IS APPLICABLE: 14,946
(i) ANY AMOUNT REQUIRED TO BE DEDUCTED AND WITHHELD FROM 14,949
THE UNEMPLOYMENT COMPENSATION PURSUANT TO LEGAL PROCESS, AS THAT 14,950
TERM IS DEFINED IN TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 14,953
STAT. 2351 (1975), 42 U.S.C. 651 ET SEQ., AS AMENDED, AND 14,955
PROPERLY SERVED ON THE ADMINISTRATOR, AS DESCRIBED IN DIVISION 14,957
(D)(4)(c) OF SECTION 4141.28 OF THE REVISED CODE; 14,959
(ii) WHEN DIVISION (B)(2)(a)(i) OF THIS SECTION IS 14,962
INAPPLICABLE, AN AMOUNT DETERMINED PURSUANT TO AN AGREEMENT 14,963
SUBMITTED TO THE ADMINISTRATOR UNDER TITLE IV-D OF THE "SOCIAL 14,966
SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 651 ET SEQ., AS AMENDED, 14,969
342
BY THE STATE OR LOCAL CHILD SUPPORT ENFORCEMENT AGENCY; 14,970
(iii) IF NEITHER DIVISION (B)(2)(a)(i) NOR (ii) OF THIS 14,974
SECTION IS APPLICABLE, THEN THE AMOUNT SPECIFIED BY THE 14,975
INDIVIDUAL.
(b) THE AMOUNT OF UNEMPLOYMENT COMPENSATION SUBJECT TO 14,978
BEING WITHHELD PURSUANT TO DIVISION (B)(2)(a) OF THIS SECTION IS 14,980
THAT AMOUNT THAT REMAINS PAYABLE TO THE INDIVIDUAL AFTER 14,981
APPLICATION OF ANY RECOUPMENT PROVISIONS FOR RECOVERY OF 14,982
OVERPAYMENTS AND AFTER DEDUCTIONS THAT HAVE BEEN MADE UNDER 14,983
CHAPTER 4141. OF THE REVISED CODE FOR DEDUCTIBLE INCOME RECEIVED 14,985
BY THE INDIVIDUAL. EFFECTIVE FOR APPLICATIONS TO ESTABLISH 14,986
UNEMPLOYMENT COMPENSATION BENEFIT RIGHTS FILED AFTER DECEMBER 27, 14,987
1997, THE AMOUNT WITHHELD WITH RESPECT TO A WEEK OF UNEMPLOYMENT 14,988
BENEFITS SHALL NOT EXCEED FIFTY PER CENT OF THE INDIVIDUAL'S 14,989
WEEKLY BENEFIT AMOUNT AS DETERMINED BY THE ADMINISTRATOR OF THE 14,990
BUREAU OF EMPLOYMENT SERVICES. 14,991
(c) ANY DEDUCTION AND WITHHOLDING PURSUANT TO DIVISION (B) 14,994
OF THIS SECTION FROM UNEMPLOYMENT COMPENSATION PAYABLE TO AN 14,995
OBLIGOR IS SUBJECT TO, AND SHALL BE IN ACCORDANCE WITH, DIVISION 14,996
(D)(4) OF SECTION 4141.28 OF THE REVISED CODE. 14,997
(C) The department of human services shall adopt rules in 14,999
accordance with Chapter 119. of the Revised Code to implement 15,000
this section, which rules shall be consistent with division 15,002
(D)(4) of section 4141.28 of the Revised Code and federal law 15,003
governing the bureau of employment services. 15,004
Sec. 3113.16 3121.08. (A) As used in this section: 15,013
(1) "Child support order" has the same meaning as in 15,015
section 2301.373 of the Revised Code. 15,017
(2) "Default," "obligor," and "obligee" have the same 15,019
meanings as in section 2301.34 of the Revised Code. 15,021
(3) "Prison, "PRISON," "prison term," and "jail" have the 15,024
same meanings as in section 2929.01 of the Revised Code. 15,025
(B) Notwithstanding any other section of the Revised Code, 15,028
including sections 5145.16 and 5147.30 of the Revised Code, 15,029
343
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 15,032
or jail who has a dependent child receiving assistance under 15,034
Chapter 5107. of the Revised Code, shall be paid to the state 15,035
department of human services. 15,036
(C) Notwithstanding any other section of the Revised Code, 15,039
including sections 5145.16 and 5147.30 of the Revised Code, and 15,040
except as provided in division (B) of this section, twenty-five 15,042
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 15,044
is an obligor in default under a child support order according to 15,045
the records of the child support enforcement agency administering 15,046
the order, shall be paid to the agency for distribution to the 15,047
obligee under the order pursuant to sections 3111.23 to 3111.28 15,048
or sections 3113.21 to 3113.219 of the Revised Code. 15,049
Sec. 3121.11. WHEN A CHILD SUPPORT ENFORCEMENT AGENCY 15,051
RECEIVES NOTICE THAT A LUMP SUM PAYMENT OF ONE HUNDRED FIFTY 15,052
DOLLARS OR MORE IS TO BE PAID TO AN OBLIGOR WHO IS SUBJECT TO A 15,053
COURT SUPPORT ORDER, THE AGENCY SHALL NOTIFY THE COURT OF THE 15,054
RECEIPT OF THE NOTICE AND ITS CONTENTS. THE AGENCY MAY NOTIFY 15,055
THE COURT IF THE NOTICE SPECIFIES THAT A LUMP SUM PAYMENT OF LESS 15,056
THAN ONE HUNDRED FIFTY DOLLARS IS TO BE PAID TO THE OBLIGOR. 15,057
Sec. 3121.12. (A) ON RECEIPT OF A NOTICE THAT A LUMP SUM 15,061
PAYMENT IS TO BE PAID TO THE OBLIGOR, THE COURT, WITH RESPECT TO 15,062
A COURT SUPPORT ORDER, OR THE CHILD SUPPORT ENFORCEMENT AGENCY, 15,063
WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER, SHALL DO 15,065
EITHER OF THE FOLLOWING:
(1) IF THE OBLIGOR IS IN DEFAULT UNDER THE SUPPORT ORDER 15,067
OR HAS ANY ARREARAGES UNDER THE SUPPORT ORDER, ISSUE AN ORDER 15,069
REQUIRING THE TRANSMITTAL OF THE LUMP SUM PAYMENT TO THE OFFICE 15,070
OF CHILD SUPPORT;
(2) IF THE OBLIGOR IS NOT IN DEFAULT UNDER THE SUPPORT 15,072
ORDER AND DOES NOT HAVE ANY ARREARAGES UNDER THE SUPPORT ORDER, 15,074
ISSUE AN ORDER DIRECTING THE PERSON WHO GAVE THE NOTICE TO THE 15,075
344
COURT OR AGENCY TO IMMEDIATELY PAY THE FULL AMOUNT OF THE LUMP
SUM PAYMENT TO THE OBLIGOR. 15,076
(B) ON RECEIPT OF ANY MONEYS PURSUANT TO DIVISION (A) OF 15,079
THIS SECTION, THE OFFICE OF CHILD SUPPORT SHALL PAY THE AMOUNT OF 15,081
THE LUMP SUM PAYMENT THAT IS NECESSARY TO DISCHARGE ALL OF THE 15,082
OBLIGOR'S ARREARAGES TO THE OBLIGEE AND, WITHIN TWO BUSINESS DAYS 15,083
AFTER ITS RECEIPT OF THE MONEY, ANY AMOUNT THAT IS REMAINING 15,084
AFTER THE PAYMENT OF THE ARREARAGES TO THE OBLIGOR. 15,085
(C) A COURT THAT ISSUED AN ORDER PRIOR TO JANUARY 1, 1998, 15,088
REQUIRING AN EMPLOYER TO WITHHOLD AN AMOUNT FROM AN OBLIGOR'S 15,089
PERSONAL EARNINGS FOR THE PAYMENT OF SUPPORT SHALL ISSUE A 15,090
SUPPLEMENTAL ORDER THAT DOES NOT CHANGE THE ORIGINAL ORDER OR THE 15,091
RELATED SUPPORT ORDER REQUIRING THE EMPLOYER TO DO ALL OF THE 15,092
FOLLOWING:
(1) NO LATER THAN THE EARLIER OF FORTY-FIVE DAYS BEFORE A 15,094
LUMP SUM PAYMENT IS TO BE MADE OR, IF THE OBLIGOR'S RIGHT TO A 15,095
LUMP SUM PAYMENT IS DETERMINED LESS THAN FORTY-FIVE DAYS BEFORE 15,096
IT IS TO BE MADE, THE DATE ON WHICH THAT DETERMINATION IS MADE, 15,097
NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY OF ANY LUMP SUM 15,098
PAYMENT OF ANY KIND OF ONE HUNDRED FIFTY DOLLARS OR MORE THAT IS 15,100
TO BE PAID TO THE OBLIGOR; 15,101
(2) HOLD THE LUMP SUM PAYMENT FOR THIRTY DAYS AFTER THE 15,103
DATE ON WHICH IT WOULD OTHERWISE BE PAID TO THE OBLIGOR; 15,104
(3) ON ORDER OF THE COURT, PAY ANY SPECIFIED AMOUNT OF THE 15,107
LUMP SUM PAYMENT TO THE OFFICE OF CHILD SUPPORT.
(D) AN EMPLOYER THAT KNOWINGLY FAILS TO NOTIFY THE CHILD 15,109
SUPPORT ENFORCEMENT AGENCY IN ACCORDANCE WITH THIS SECTION OR 15,111
SECTION 3121.03 OF THE REVISED CODE OF ANY LUMP SUM PAYMENT TO BE 15,112
MADE TO AN OBLIGOR IS LIABLE FOR ANY SUPPORT PAYMENT NOT MADE TO 15,113
THE OBLIGEE AS A RESULT OF ITS KNOWING FAILURE TO GIVE THE 15,114
NOTICE.
Sec. 3113.212 3121.14. (A) When a court has issued a 15,123
COURT support order OR A CHILD SUPPORT ENFORCEMENT AGENCY HAS 15,125
ISSUED AN ADMINISTRATIVE CHILD SUPPORT ORDER, when the ISSUING 15,126
345
court or a child support enforcement agency, OR THE AGENCY 15,128
ADMINISTERING THE SUPPORT ORDER, has issued one or more notices 15,130
containing one or more of the requirements described in division 15,131
(D) of section 3113.21 3121.03 of the Revised Code or when a 15,134
court OR AGENCY THAT ISSUED THE SUPPORT ORDER has issued one or 15,135
more court orders described in division (D)(3)(C) or (4)(D) of 15,137
that section, and when either the child support enforcement 15,139
agency ADMINISTERING THE SUPPORT ORDER receives a notification as 15,141
described in division (D), (G), or (H) of section 3113.21 of the 15,143
Revised Code that pertains to a change in the source of income or 15,145
status of accounts in a financial institution of the obligor or 15,146
the child support enforcement agency ADMINISTERING THE SUPPORT 15,147
ORDER otherwise determines that the source of income or status of 15,149
accounts in a financial institution of the obligor has changed, 15,150
the child support enforcement agency ADMINISTERING THE SUPPORT 15,151
ORDER immediately shall conduct an investigation to determine the 15,152
obligor's present source of income or assets, and the obligor's 15,153
address and social security number and shall issue one or more 15,154
notices described in division (D) of section 3113.21 3121.03 of 15,156
the Revised Code that it determines are appropriate. If the 15,157
agency administering the support order determines that no notice 15,160
of the type described in division (D)(1) or (2) of that section 15,162
would be appropriate, the agency, WITH RESPECT TO A COURT SUPPORT 15,163
ORDER, may request the court to issue a court order under 15,164
division (D)(3)(C) or (4)(D) of that section, and, upon THE 15,166
AGENCY MAY ISSUE, WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT 15,167
ORDER, AN ADMINISTRATIVE ORDER UNDER DIVISION (D) OF THAT 15,168
SECTION. ON RECEIPT OF the request, the court, WITH RESPECT TO A 15,169
COURT SUPPORT ORDER, may issue an order as described in that 15,171
division (C) OR (D) OF SECTION 3121.03 OF THE REVISED CODE, AND 15,173
THE AGENCY, WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT
ORDER, MAY ISSUE AN ADMINISTRATIVE ORDER UNDER DIVISION (D) OF 15,174
SECTION 3121.03 OF THE REVISED CODE. The notices and court 15,175
orders are final and are enforceable by the court. The notices 15,176
346
shall be mailed within fifteen days after the obligor under the 15,177
support order is located or within fifteen days after the default 15,178
under the support order, whichever is applicable. 15,179
If the court or child support enforcement agency THAT 15,181
ISSUED THE SUPPORT ORDER, OR THE AGENCY ADMINISTERING THE SUPPORT 15,182
ORDER, previously has issued one or more notices containing one 15,184
or more of the requirements described in division (D) of section 15,185
3113.21 3121.03 of the Revised Code or, the court previously has 15,187
issued one or more court orders described in division (D)(3)(C) 15,189
or (4)(D) of that section, OR THE AGENCY HAS PREVIOUSLY ISSUED AN 15,191
ORDER DESCRIBED UNDER DIVISION (D) OF THAT SECTION and the child 15,193
support enforcement agency ADMINISTERING THE SUPPORT ORDER 15,194
determines that any of the requirements or court orders no longer 15,195
are appropriate due to the change, the agency ADMINISTERING THE 15,196
SUPPORT ORDER immediately shall cancel any previously issued 15,198
notice AND CANCEL ANY PREVIOUSLY ISSUED ADMINISTRATIVE ORDER 15,199
UNDER DIVISION (D) OF SECTION 3121.03 OF THE REVISED CODE THAT IS 15,200
NO LONGER APPROPRIATE, and the court shall cancel any previously 15,201
issued court order UNDER DIVISION (C) OR (D) OF SECTION 3121.03 15,202
OF THE REVISED CODE that no longer is appropriate, the agency 15,203
shall send written notice of the cancellation by regular mail to 15,204
the person who was required to comply with the withholding, 15,205
deduction, or other requirement contained in the canceled notice 15,206
or court order, and the agency shall issue one or more new 15,207
notices containing one or more requirements described in division 15,208
(D) of section 3113.21 3121.03 of the Revised Code that it 15,210
determines are appropriate. If the agency determines that no 15,212
notice of the type described in division (D)(1) or (2) of that 15,213
section would be appropriate, the agency, WITH RESPECT TO A COURT 15,215
SUPPORT ORDER, may request the court to issue a court order under 15,217
division (D)(3)(C) or (4)(D) of that section, and, upon AND THE 15,218
AGENCY MAY ISSUE, WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT 15,219
ORDER, AN ADMINISTRATIVE ORDER UNDER DIVISION (D) OF THAT 15,220
SECTION. ON RECEIPT OF the request, the court may issue an order 15,221
347
as described in that division (C) OR (D) OF SECTION 3121.03 OF 15,222
THE REVISED CODE, AND THE AGENCY, WITH RESPECT TO AN 15,224
ADMINISTRATIVE CHILD SUPPORT ORDER, MAY ISSUE AN ADMINISTRATIVE 15,225
ORDER UNDER DIVISION (D) OF SECTION 3121.03 OF THE REVISED CODE. 15,226
The notices and court orders are final and are enforceable by the 15,228
court. The notices shall be mailed within fifteen days after the 15,229
obligor under the support order is located or within fifteen days 15,230
after the default under the support order, whichever is 15,231
applicable.
(B) When a court or child support enforcement agency has 15,233
issued one or more notices containing one or more of the 15,234
requirements described in division (D) of section 3113.21 of the 15,236
Revised Code requiring withholding by a payor that is not an 15,238
employer or requiring deduction by a financial institution or a 15,239
court has issued one or more court orders described in division 15,241
(D)(3) or (4) of that section and the agency is informed that the 15,243
obligor has commenced employment, the agency shall issue a notice 15,244
requiring the withholding of an amount from the person's personal 15,245
earnings for support, in accordance with division (D)(1) of 15,246
section 3113.21 of the Revised Code. The notice is final and is 15,248
enforceable by the court. Additionally, if the court or agency 15,249
determines that payments due under the support order have not 15,250
been made and that the amount that has not been paid is at least 15,251
equal to the support owed for one month under the support order, 15,252
the court shall proceed to collect on any cash bond and shall 15,253
order it paid to the division of child support in the department 15,254
of human services.
(C) If a child support enforcement agency sends a notice 15,256
imposing a withholding or deduction requirement or a court sends 15,257
a court order imposing any other appropriate requirement to a 15,258
person under division (A) or (B) of this section, the notice or 15,259
court order, for purposes of sections 3113.21 to 3113.219 of the 15,260
Revised Code, also shall be considered to have been issued under 15,261
division (D) of section 3113.21 of the Revised Code. The notice 15,263
348
or court order is final and is enforceable by the court. 15,264
(D) If a child support enforcement agency sends a notice 15,267
imposing a withholding or deduction requirement or any other 15,268
appropriate requirement to a person under division (A) or (B) of 15,269
this section or under section 3113.21 of the Revised Code and if 15,270
the payor or financial institution that is sent the withholding, 15,272
deduction, or other appropriate notice fails to comply with the 15,273
notice, the child support enforcement agency shall request the 15,274
court to issue a court order requiring the payor or financial 15,275
institution to comply with the withholding, deduction, or other 15,276
appropriate notice sent by the agency immediately or be held in 15,277
contempt of court. If the court issues the requested order and 15,278
if the payor or financial institution does not comply with the 15,280
withholding, deduction, or other appropriate order of the agency 15,281
that is the subject of the court order immediately, it is in 15,282
contempt of court. 15,283
Sec. 3121.15. WHEN A COURT OR CHILD SUPPORT ENFORCEMENT 15,285
AGENCY HAS ISSUED ONE OR MORE NOTICES CONTAINING ONE OR MORE OF 15,286
THE REQUIREMENTS DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE 15,288
REQUIRING WITHHOLDING BY A PAYOR THAT IS NOT AN EMPLOYER OR 15,290
REQUIRING DEDUCTION BY A FINANCIAL INSTITUTION, A COURT HAS 15,291
ISSUED ONE OR MORE COURT ORDERS DESCRIBED IN DIVISION (C) OR (D) 15,293
OF THAT SECTION, OR AN AGENCY HAS ISSUED AN ADMINISTRATIVE ORDER 15,294
UNDER DIVISION (D) OF THAT SECTION AND THE AGENCY ADMINISTERING 15,295
THE SUPPORT ORDER IS INFORMED THAT THE OBLIGOR HAS COMMENCED 15,297
EMPLOYMENT, THAT AGENCY SHALL ISSUE A NOTICE REQUIRING THE 15,298
WITHHOLDING OF AN AMOUNT FROM THE PERSON'S PERSONAL EARNINGS FOR 15,299
SUPPORT, IN ACCORDANCE WITH SECTION 3121.03 OF THE REVISED CODE. 15,301
THE NOTICE IS FINAL AND IS ENFORCEABLE BY THE COURT. 15,302
ADDITIONALLY, IF THE COURT OR AGENCY DETERMINES THAT PAYMENTS DUE 15,303
UNDER THE SUPPORT ORDER HAVE NOT BEEN MADE AND THAT THE AMOUNT 15,304
THAT HAS NOT BEEN PAID IS AT LEAST EQUAL TO THE SUPPORT OWED FOR 15,305
ONE MONTH UNDER THE SUPPORT ORDER, THE COURT SHALL PROCEED TO 15,306
COLLECT ON ANY CASH BOND AND SHALL ORDER IT PAID TO THE OFFICE OF 15,307
349
CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES.
Sec. 3121.16. IF A CHILD SUPPORT ENFORCEMENT AGENCY SENDS 15,309
A NOTICE IMPOSING A WITHHOLDING OR DEDUCTION REQUIREMENT OR A 15,310
COURT OR AGENCY SENDS AN ORDER IMPOSING ANY OTHER APPROPRIATE 15,311
REQUIREMENT TO A PERSON UNDER SECTION 3121.14 OR 3121.15 OF THE 15,312
REVISED CODE, THE NOTICE OR ORDER ALSO SHALL BE CONSIDERED TO 15,314
HAVE BEEN ISSUED UNDER SECTION 3121.03 OF THE REVISED CODE. THE 15,315
NOTICE OR COURT ORDER IS FINAL AND IS ENFORCEABLE BY THE COURT. 15,316
Sec. 3121.18. A PAYOR ORDERED TO WITHHOLD A SPECIFIED 15,318
AMOUNT FROM THE INCOME OF AN EMPLOYEE UNDER A WITHHOLDING NOTICE 15,320
DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE MAY DEDUCT FROM 15,322
THE INCOME OF THE PERSON, IN ADDITION TO THE AMOUNT WITHHELD FOR 15,323
PURPOSES OF SUPPORT, A FEE OF THE GREATER OF TWO DOLLARS OR AN 15,325
AMOUNT NOT EXCEEDING ONE PER CENT OF THE AMOUNT WITHHELD AS A 15,326
CHARGE FOR ITS SERVICES IN COMPLYING WITH THE WITHHOLDING NOTICE. 15,328
A FINANCIAL INSTITUTION REQUIRED TO DEDUCT FUNDS FROM AN ACCOUNT 15,329
UNDER A DEDUCTION NOTICE DESCRIBED IN SECTION 3121.03 OF THE 15,331
REVISED CODE MAY DEDUCT FROM THE ACCOUNT OF THE PERSON, IN 15,333
ADDITION TO THE AMOUNT DEDUCTED FOR PURPOSES OF SUPPORT, A FEE OF 15,334
THE LESSER OF FIVE DOLLARS OR AN AMOUNT NOT EXCEEDING THE LOWEST 15,335
RATE IT CHARGES, IF ANY, FOR A DEBIT TRANSACTION IN A SIMILAR 15,336
ACCOUNT AS A CHARGE FOR ITS SERVICE IN COMPLYING WITH THE 15,337
DEDUCTION NOTICE.
Sec. 3121.19. THE ENTIRE AMOUNT WITHHELD OR DEDUCTED 15,339
PURSUANT TO A WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN 15,340
SECTION 3121.03 OF THE REVISED CODE SHALL BE FORWARDED TO THE 15,342
OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES 15,343
IMMEDIATELY, BUT NOT LATER THAN SEVEN BUSINESS DAYS AFTER, THE 15,344
WITHHOLDING OR DEDUCTION, AS DIRECTED IN THE WITHHOLDING OR 15,345
DEDUCTION NOTICE.
Sec. 3121.20. A PAYOR OR FINANCIAL INSTITUTION REQUIRED TO 15,347
WITHHOLD OR DEDUCT A SPECIFIED AMOUNT FROM THE INCOME OR SAVINGS 15,348
OF MORE THAN ONE OBLIGOR UNDER A WITHHOLDING OR DEDUCTION NOTICE 15,350
DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE AND TO FORWARD 15,352
350
THE AMOUNTS WITHHELD OR DEDUCTED TO THE OFFICE OF CHILD SUPPORT 15,353
MAY COMBINE ALL OF THE AMOUNTS TO BE FORWARDED IN ONE PAYMENT IF
PROVIDED THE PAYMENT IS ACCOMPANIED BY A LIST THAT CLEARLY 15,354
IDENTIFIES EACH OBLIGOR COVERED BY THE PAYMENT AND THE PORTION OF 15,356
THE PAYMENT ATTRIBUTABLE TO EACH OBLIGOR.
Sec. 3121.21. A PAYOR OR FINANCIAL INSTITUTION SHALL NOT 15,358
BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY FOR COMPLIANCE, IN 15,359
ACCORDANCE WITH SECTIONS 3121.18 TO 3121.20 OF THE REVISED CODE, 15,360
WITH A WITHHOLDING OR DEDUCTION NOTICE. 15,361
Sec. 3121.23. EXCEPT WHEN A PROVISION SPECIFICALLY 15,363
AUTHORIZES OR REQUIRES SERVICE OTHER THAN AS DESCRIBED IN THIS 15,364
SECTION, SERVICE OF ANY NOTICE ON ANY PARTY, A FINANCIAL 15,366
INSTITUTION, OR PAYOR, FOR PURPOSES OF CHAPTERS 3119., 3121., 15,368
3123., AND 3125. OF THE REVISED CODE, SHALL BE MADE BY ORDINARY 15,370
FIRST CLASS MAIL DIRECTED TO THE ADDRESSEE AT THE LAST KNOWN 15,371
ADDRESS OR, IN THE CASE OF A CORPORATION, AT ITS USUAL PLACE OF 15,372
DOING BUSINESS. A NOTICE SHALL BE CONSIDERED TO HAVE BEEN SERVED 15,374
WHEN IT IS MAILED.
Sec. 3121.24. (A) EACH PARTY TO A SUPPORT ORDER SHALL 15,376
NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE 15,378
SUPPORT ORDER OF THE PARTY'S CURRENT MAILING ADDRESS, CURRENT 15,380
RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, AND 15,381
CURRENT DRIVER'S LICENSE NUMBER, AT THE TIME OF THE ISSUANCE OR 15,382
MODIFICATION OF THE ORDER. UNTIL FURTHER NOTICE OF THE COURT OR 15,384
AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER, EACH PARTY SHALL
NOTIFY THE AGENCY ADMINISTERING THE SUPPORT ORDER OF ANY CHANGE 15,386
IN INFORMATION IMMEDIATELY AFTER THE CHANGE OCCURS. WITH RESPECT 15,388
TO A COURT SUPPORT ORDER, ANY WILLFUL FAILURE TO COMPLY WITH THIS 15,389
DIVISION IS CONTEMPT OF COURT. NO PERSON SHALL FAIL TO GIVE THE 15,390
NOTICE REQUIRED BY DIVISION (A) OF THIS SECTION.
(B) THE PARTIES AFFECTED BY THE SUPPORT ORDER SHALL INFORM 15,392
THE CHILD SUPPORT ENFORCEMENT AGENCY OF ANY CHANGE OF NAME OR 15,393
OTHER CHANGE OF CONDITIONS THAT MAY AFFECT THE ADMINISTRATION OF 15,394
THE ORDER.
351
Sec. 3121.25. IF A PARTY TO A COURT CHILD SUPPORT ORDER 15,396
REQUESTS A MODIFICATION OF THE ORDER OR AN OBLIGEE UNDER A COURT 15,397
CHILD SUPPORT ORDER OR A PERSON ACTING ON BEHALF OF AN OBLIGEE 15,398
FILES AN ACTION TO ENFORCE A COURT CHILD SUPPORT ORDER, THE COURT 15,399
SHALL NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY THAT IS 15,400
ADMINISTERING THE COURT CHILD SUPPORT ORDER OR THAT WILL 15,401
ADMINISTER THE ORDER OF THE REQUEST OR THE FILING.
Sec. 3121.27. (A) A COURT OR CHILD SUPPORT ENFORCEMENT 15,403
AGENCY SHALL INCLUDE IN ANY ORDER FOR SUPPORT IT ISSUES A GENERAL 15,405
PROVISION THAT STATES THE FOLLOWING:
"ALL SUPPORT UNDER THIS ORDER SHALL BE WITHHELD OR DEDUCTED 15,408
FROM THE INCOME OR ASSETS OF THE OBLIGOR PURSUANT TO A 15,410
WITHHOLDING OR DEDUCTION NOTICE OR APPROPRIATE ORDER ISSUED IN 15,411
ACCORDANCE WITH CHAPTERS 3119., 3121., 3123., AND 3125. OF THE 15,412
REVISED CODE OR A WITHDRAWAL DIRECTIVE ISSUED PURSUANT TO 15,413
SECTIONS 3123.24 TO 3123.38 OF THE REVISED CODE AND SHALL BE 15,414
FORWARDED TO THE OBLIGEE IN ACCORDANCE WITH CHAPTERS 3119., 15,416
3121., 3123., AND 3125. OF THE REVISED CODE."
(B) ALL SUPPORT ORDERS ISSUED PRIOR TO DECEMBER 31, 1993, 15,419
THAT HAVE NOT BEEN MODIFIED OR SUBJECT TO DIVISION (B) OF FORMER 15,421
SECTION 3113.21 OF THE REVISED CODE OR SECTIONS 3123.02 TO
3123.071 OF THE REVISED CODE, REGARDING A DEFAULT UNDER THE ORDER 15,422
ON OR AFTER THAT DATE SHALL BE CONSIDERED TO CONTAIN THE GENERAL 15,424
PROVISION DESCRIBED IN THIS SECTION AND SHALL BE ENFORCED AND 15,425
MODIFIED IN THE SAME MANNER AS A SUPPORT ORDER ISSUED ON OR AFTER 15,426
DECEMBER 31, 1993. 15,427
Sec. 3121.28. IN ANY ACTION OR PROCEEDING IN WHICH A 15,429
SUPPORT ORDER IS ISSUED OR MODIFIED, THE COURT OR CHILD SUPPORT 15,430
ENFORCEMENT AGENCY THAT ISSUES OR MODIFIES THE ORDER SHALL 15,432
INCLUDE IN THE ORDER, IN ADDITION TO ANY PROVISION REQUIRED BY 15,433
THE REVISED CODE, ALL OF THE FOLLOWING:
(A) A REQUIREMENT THAT, REGARDLESS OF THE FREQUENCY OR 15,435
AMOUNT OF SUPPORT PAYMENTS TO BE MADE UNDER THE ORDER, THE CHILD 15,437
SUPPORT ENFORCEMENT AGENCY REQUIRED TO ADMINISTER THE ORDER SHALL 15,438
352
ADMINISTER IT ON A MONTHLY BASIS, IN ACCORDANCE WITH SECTIONS 15,439
3121.51 TO 3121.54 OF THE REVISED CODE;
(B) A SPECIFICATION OF THE MONTHLY AMOUNT DUE UNDER THE 15,441
SUPPORT ORDER FOR PURPOSES OF ITS MONTHLY ADMINISTRATION, AS 15,443
DETERMINED UNDER SECTION 3121.52 OF THE REVISED CODE;
(C) A STATEMENT THAT PAYMENTS UNDER THE ORDER ARE TO BE 15,445
MADE IN THE MANNER ORDERED BY THE COURT OR AGENCY, AND THAT IF 15,446
THE PAYMENTS ARE TO BE MADE OTHER THAN ON A MONTHLY BASIS, THE 15,448
REQUIRED MONTHLY ADMINISTRATION BY THE AGENCY DOES NOT AFFECT THE 15,449
FREQUENCY OR THE AMOUNT OF THE SUPPORT PAYMENTS TO BE MADE UNDER 15,451
THE ORDER.
Sec. 3121.29. EACH SUPPORT ORDER, OR MODIFICATION OF A 15,453
SUPPORT ORDER, SHALL CONTAIN A NOTICE THAT STATES THE FOLLOWING 15,455
IN BOLDFACE TYPE AND IN ALL CAPITAL LETTERS: 15,456
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 15,459
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 15,460
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 15,461
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 15,462
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 15,463
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY,
WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER 15,465
A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED 15,466
NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, 15,467
$100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. 15,468
IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED 15,469
BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, 15,470
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES 15,471
UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 15,472
IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED 15,474
NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT 15,476
ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; 15,477
LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER'S 15,478
LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; 15,479
ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL 15,480
353
INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN 15,481
MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 15,483
Sec. 3121.30. A SUPPORT ORDER, OR MODIFICATION OF A 15,485
SUPPORT ORDER, SHALL CONTAIN THE DATE OF BIRTH AND SOCIAL 15,487
SECURITY NUMBER OF THE OBLIGOR.
Sec. 1321.33. THE WITHHOLDING OR DEDUCTION NOTICES AND 15,489
OTHER ORDERS ISSUED UNDER SECTIONS 3121.03, 3121.04 TO 3121.06, 15,490
AND 3121.12 OF THE REVISED CODE, AND THE NOTICES THAT REQUIRE THE 15,492
OBLIGOR TO NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY 15,493
ADMINISTERING THE SUPPORT ORDER OF ANY CHANGE IN THE OBLIGOR'S 15,494
EMPLOYMENT STATUS OR OF ANY OTHER CHANGE IN THE STATUS OF THE 15,496
OBLIGOR'S ASSETS, ARE FINAL AND ENFORCEABLE BY THE COURT. 15,497
Sec. 3121.34. A PERSON REQUIRED TO COMPLY WITH WITHHOLDING 15,500
OR DEDUCTION NOTICES DESCRIBED IN SECTION 3121.03 OF THE REVISED 15,501
CODE SHALL DETERMINE THE MANNER OF WITHHOLDING OR DEDUCTING FROM 15,502
THE SPECIFIC REQUIREMENT INCLUDED IN THE NOTICES WITHOUT THE NEED 15,504
FOR ANY AMENDMENT TO THE SUPPORT ORDER, AND A PERSON REQUIRED TO 15,505
COMPLY WITH AN ORDER DESCRIBED IN SECTIONS 3121.03, 3121.04 TO 15,506
3121.06, AND 3121.12 OF THE REVISED CODE SHALL COMPLY WITHOUT THE 15,507
NEED FOR ANY AMENDMENT TO THE SUPPORT ORDER. 15,508
Sec. 3121.35. A COURT THAT HAS AUTHORITY TO ISSUE A COURT 15,510
SUPPORT ORDER SHALL HAVE ALL POWERS NECESSARY TO ENFORCE THE 15,511
ORDER AND ANY ADMINISTRATIVE CHILD SUPPORT ORDER AND ALL OTHER 15,512
POWERS SET FORTH IN SECTIONS 3119.83 AND 3119.84 OF THE REVISED 15,514
CODE.
Sec. 3121.36. THE TERMINATION OF A COURT SUPPORT ORDER OR 15,517
ADMINISTRATIVE CHILD SUPPORT ORDER DOES NOT ABATE THE POWER OF 15,518
ANY COURT OR CHILD SUPPORT ENFORCEMENT AGENCY TO COLLECT ANY
OVERDUE AND UNPAID SUPPORT OR ARREARAGE OWED UNDER THE TERMINATED 15,519
SUPPORT ORDER OR THE POWER OF THE COURT TO PUNISH ANY PERSON FOR 15,520
A FAILURE TO COMPLY WITH, OR TO PAY ANY SUPPORT AS ORDERED IN, 15,521
THE TERMINATED SUPPORT ORDER. THE TERMINATION DOES NOT ABATE THE 15,522
AUTHORITY OF THE COURT OR AGENCY TO ISSUE ANY NOTICE DESCRIBED IN 15,523
SECTION 3121.03 OF THE REVISED CODE OR TO ISSUE ANY APPLICABLE 15,524
354
ORDER AS DESCRIBED IN DIVISION (C) OR (D) OF SECTION 3121.03 OF 15,525
THE REVISED CODE TO COLLECT ANY OVERDUE AND UNPAID SUPPORT OR 15,527
ARREARAGE OWED UNDER THE TERMINATED SUPPORT ORDER. IF A NOTICE 15,528
IS ISSUED PURSUANT TO SECTION 3121.03 OF THE REVISED CODE TO 15,529
COLLECT THE OVERDUE AND UNPAID SUPPORT OR ARREARAGE, THE AMOUNT 15,530
WITHHELD OR DEDUCTED FROM THE OBLIGOR'S PERSONAL EARNINGS, 15,531
INCOME, OR ACCOUNTS SHALL BE AT LEAST EQUAL TO THE AMOUNT THAT 15,532
WAS WITHHELD OR DEDUCTED UNDER THE TERMINATED CHILD SUPPORT
ORDER. 15,533
Sec. 3121.37. IF AN OBLIGOR OR ANY OTHER PERSON FAILS TO 15,535
COMPLY WITH AN ADMINISTRATIVE CHILD SUPPORT ORDER, THE AGENCY 15,536
THAT ISSUED THE ORDER MAY REQUEST THAT THE JUVENILE COURT OF THE 15,537
COUNTY IN WHICH THE AGENCY IS LOCATED FIND THE OBLIGOR OR OTHER 15,538
PERSON IN CONTEMPT PURSUANT TO SECTION 2705.02 OF THE REVISED
CODE.
Sec. 3121.371. IF A CHILD SUPPORT ENFORCEMENT AGENCY SENDS 15,540
A NOTICE IMPOSING A WITHHOLDING OR DEDUCTION REQUIREMENT OR ANY 15,541
OTHER APPROPRIATE REQUIREMENT TO A PERSON DESCRIBED IN SECTION 15,542
3121.03 OF THE REVISED CODE AND THE PAYOR OR FINANCIAL 15,544
INSTITUTION SENT THE WITHHOLDING OR DEDUCTION NOTICE FAILS TO 15,545
COMPLY WITH THE NOTICE, THE AGENCY SHALL REQUEST THAT THE COURT 15,547
ISSUE A COURT ORDER REQUIRING THE PAYOR OR FINANCIAL INSTITUTION 15,548
TO COMPLY IMMEDIATELY WITH THE NOTICE OR BE HELD IN CONTEMPT OF 15,549
COURT. IF THE COURT ISSUES THE ORDER AND THE PAYOR OR FINANCIAL 15,551
INSTITUTION DOES NOT IMMEDIATELY COMPLY WITH THE NOTICE, IT IS IN 15,552
CONTEMPT OF COURT.
Sec. 3121.372. THE FAILURE OF A PERSON TO SEND ANY NOTICE 15,554
REQUIRED BY SECTION 3121.03, 3121.036, 3121.05, 3121.06, OR 15,555
3121.12 OF THE REVISED CODE SHALL BE CONSIDERED CONTEMPT OF 15,556
COURT.
Sec. 3121.38. A PAYOR THAT FAILS TO WITHHOLD AN AMOUNT 15,558
FROM AN OBLIGOR'S INCOME FOR SUPPORT IN ACCORDANCE WITH A 15,559
WITHHOLDING REQUIREMENT INCLUDED IN A WITHHOLDING NOTICE ISSUED 15,560
UNDER SECTION 3121.03 OF THE REVISED CODE OR A FINANCIAL 15,563
355
INSTITUTION THAT FAILS TO DEDUCT FUNDS FROM AN OBLIGOR'S ACCOUNT 15,564
FOR SUPPORT IN ACCORDANCE WITH A DEDUCTION REQUIREMENT INCLUDED 15,565
IN A DEDUCTION NOTICE ISSUED UNDER SECTION 3121.03 OF THE REVISED 15,567
CODE IS LIABLE FOR THE AMOUNT THAT WAS NOT WITHHELD OR DEDUCTED, 15,568
EXCEPT THAT A PAYOR THAT IS AN EMPLOYER WHOSE NORMAL PAY AND 15,569
DISBURSEMENT CYCLES MAKE IT IMPOSSIBLE TO COMPLY WITH A 15,571
WITHHOLDING REQUIREMENT CONTAINED IN A WITHHOLDING NOTICE SHALL 15,572
NOT BE LIABLE FOR THE AMOUNT NOT WITHHELD IF THE EMPLOYER, AS 15,573
SOON AS POSSIBLE AFTER RECEIPT OF THE WITHHOLDING NOTICE, 15,574
PROVIDES THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY THAT 15,575
ISSUED THE NOTICE WITH WRITTEN NOTICE OF THE IMPOSSIBILITY AND 15,576
THE REASONS FOR THE IMPOSSIBILITY. 15,577
A PAYOR WHO IS LIABLE UNDER THIS PROVISION FOR AN AMOUNT 15,580
THAT WAS NOT WITHHELD SHALL BE ORDERED BY THE COURT OR AGENCY TO 15,581
PAY THAT AMOUNT TO THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT 15,582
OF HUMAN SERVICES, TO BE DISBURSED IN ACCORDANCE WITH THE SUPPORT 15,584
ORDER FOR THE BENEFIT OF THE CHILD OR SPOUSE.
Sec. 3121.381. A COURT MAY FINE A PAYOR NOT MORE THAN TWO 15,586
HUNDRED DOLLARS FOR FAILURE TO WITHHOLD INCOME, AS REQUIRED UNDER 15,587
A WITHHOLDING NOTICE ISSUED UNDER SECTION 3121.03 OF THE REVISED 15,588
CODE, UNDER A COURT SUPPORT ORDER OR TO NOTIFY THE COURT OR CHILD 15,591
SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE COURT SUPPORT ORDER 15,592
THAT A SITUATION HAS OCCURRED CAUSING THE PAYOR TO CEASE PAYING 15,594
INCOME IN AN AMOUNT SUFFICIENT TO COMPLY WITH THE ORDER TO THE 15,595
OBLIGOR, OR, IN CASES IN WHICH THE OBLIGOR IS AN EMPLOYER, THE 15,596
OBLIGOR IS RECEIVING OR IS ELIGIBLE TO RECEIVE A BENEFIT OF 15,597
EMPLOYMENT OTHER THAN PERSONAL EARNINGS. 15,598
THE COURT MAY FINE A FINANCIAL INSTITUTION NOT MORE THAN 15,601
TWO HUNDRED DOLLARS FOR FAILURE TO DEDUCT FUNDS, AS REQUIRED BY A 15,602
DEDUCTION NOTICE ISSUED UNDER SECTION 3121.03 OF THE REVISED 15,603
CODE, FROM AN ACCOUNT UNDER A COURT SUPPORT ORDER OR TO NOTIFY 15,605
THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE 15,606
COURT SUPPORT ORDER OF THE TERMINATION OF AN ACCOUNT FROM WHICH 15,608
FUNDS ARE BEING DEDUCTED OR OF THE OPENING OF A NEW ACCOUNT. 15,609
356
Sec. 3121.39. NO PAYOR THAT IS AN EMPLOYER MAY USE A 15,611
REQUIREMENT TO WITHHOLD PERSONAL EARNINGS CONTAINED IN A 15,613
WITHHOLDING NOTICE ISSUED UNDER SECTION 3121.03 OF THE REVISED 15,615
CODE AS A BASIS FOR A DISCHARGE OF, OR FOR ANY DISCIPLINARY 15,616
ACTION AGAINST, AN EMPLOYEE, OR AS A BASIS FOR A REFUSAL TO 15,617
EMPLOY A PERSON.
Sec. 3121.43. EXCEPT AS PROVIDED IN SECTIONS 3125.27 TO 15,620
3125.30 OF THE REVISED CODE, THE OFFICE OF CHILD SUPPORT IN THE 15,622
DEPARTMENT OF HUMAN SERVICES SHALL BE THE SOLE AGENCY OF THE 15,623
STATE RESPONSIBLE FOR THE COLLECTION OF ALL SUPPORT PAYMENTS DUE
UNDER SUPPORT ORDERS AND THE DISBURSEMENT OF THE PAYMENTS TO 15,625
OBLIGEES. THE OFFICE SHALL MAKE COLLECTIONS AND DISBURSEMENTS IN 15,626
COMPLIANCE WITH SECTION 5107.20 OF THE REVISED CODE AND RULES 15,627
ADOPTED PURSUANT TO SECTION 3121.71 OF THE REVISED CODE. 15,628
Sec. 3121.44. ON ISSUING OR MODIFYING A SUPPORT ORDER, 15,632
ISSUING ANY WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN SECTION 15,633
3121.03 OF THE REVISED CODE, OR ISSUING AN ORDER DESCRIBED IN 15,635
DIVISION (C) OR (D) OF THAT SECTION, THE COURT OR CHILD SUPPORT 15,637
ENFORCEMENT AGENCY SHALL REQUIRE THAT SUPPORT PAYMENTS BE MADE TO 15,638
THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES 15,640
AS TRUSTEE FOR REMITTANCE TO THE PERSON ENTITLED TO RECEIVE 15,641
PAYMENTS, EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 2151.49, 15,642
3113.07, AND 3125.27 TO 3125.30 OF THE REVISED CODE. 15,644
Sec. 3121.45. ANY PAYMENT OF MONEY BY THE PERSON 15,646
RESPONSIBLE FOR THE SUPPORT PAYMENTS UNDER A SUPPORT ORDER TO THE 15,647
PERSON ENTITLED TO RECEIVE THE SUPPORT PAYMENTS THAT IS NOT MADE 15,648
TO THE OFFICE OF CHILD SUPPORT, OR TO THE CHILD SUPPORT 15,649
ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER UNDER SECTIONS 15,650
3125.27 TO 3125.30 OF THE REVISED CODE, SHALL NOT BE CONSIDERED A 15,651
PAYMENT OF SUPPORT UNDER THE SUPPORT ORDER AND, UNLESS THE 15,652
PAYMENT IS MADE TO DISCHARGE AN OBLIGATION OTHER THAN SUPPORT, 15,653
SHALL BE DEEMED TO BE A GIFT.
Sec. 3121.46. (A) WHEN A SUPPORT ORDER IS ISSUED OR 15,656
MODIFIED, A WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN SECTION 15,657
357
3121.03 OF THE REVISED CODE IS ISSUED, OR AN ORDER DESCRIBED IN 15,660
DIVISION (C) OR (D) OF SECTION 3121.03 OF THE REVISED CODE IS 15,661
ISSUED, OR AT ANY TIME AFTER THE SUPPORT ORDER IS ISSUED OR 15,662
MODIFIED, THE COURT MAY ORDER THE OFFICE OF CHILD SUPPORT, OR THE 15,664
CHILD SUPPORT ENFORCEMENT AGENCY MAY ISSUE AN ORDER REQUIRING THE
OFFICE, TO TRANSMIT THE PAYMENTS OR MAKE THEM PAYABLE TO ANY 15,666
THIRD PERSON THAT IS EITHER AGREED UPON BY THE PARTIES AND 15,667
APPROVED BY THE COURT OR APPOINTED BY THE COURT, WITH RESPECT TO 15,668
A SUPPORT ORDER, OR IS EITHER AGREED UPON BY THE PARTIES AND 15,669
APPROVED BY THE AGENCY OR APPOINTED BY THE AGENCY, WITH RESPECT 15,670
TO AN ADMINISTRATIVE CHILD SUPPORT ORDER. THIRD PERSONS INCLUDE, 15,671
BUT ARE NOT LIMITED TO, A TRUSTEE, A CUSTODIAN, THE GUARDIAN OF 15,672
THE ESTATE OF THE CHILD, THE COUNTY DEPARTMENT OF HUMAN SERVICES, 15,673
PUBLIC CHILDREN SERVICES AGENCY, OR ANY APPROPRIATE SOCIAL 15,674
AGENCY.
(B) ANY PERSON NAMED PURSUANT TO THIS SECTION IS ENTITLED 15,677
TO RECEIVE THE SUPPORT PAYMENTS. THE COURT MAY ALLOW THE PERSON 15,678
TO RECEIVE A REASONABLE FEE FOR SERVICES RENDERED PURSUANT TO 15,679
THIS SECTION. THE PERSON SHALL MAKE FINANCIAL REPORTS IN 15,680
CONNECTION WITH THESE SERVICES AT THE TIME AND IN THE MANNER 15,681
PRESCRIBED BY THE COURT OR AS REQUIRED BY LAW.
Sec. 3121.47. ANY PERSON ENTITLED TO RECEIVE SUPPORT 15,683
PAYMENTS EITHER PERSONALLY OR ON BEHALF OF ANOTHER PERSON, BY 15,684
REASON OF ANY SUPPORT ORDER THAT DOES NOT DIRECT THAT PAYMENTS BE 15,685
MADE TO THE OFFICE OF CHILD SUPPORT, MAY APPLY TO THE APPROPRIATE 15,687
CHILD SUPPORT ENFORCEMENT AGENCY FOR THE ADMINISTRATION OF THE 15,688
ORDER. ON RECEIPT OF THE APPLICATION, THE AGENCY HAS AUTHORITY 15,689
TO ADMINISTER THE ORDER. THE AGENCY SHALL NOTIFY THE OBLIGOR BY 15,691
ANY METHOD OF SERVICE AUTHORIZED UNDER THE CIVIL RULES TO MAKE 15,693
ALL SUPPORT PAYMENTS DUE AFTER SERVICE OF THE NOTICE ON THE 15,694
OBLIGOR TO THE OFFICE. AN OBLIGOR SO NOTIFIED BY AN AGENCY SHALL 15,696
MAKE ALL SUBSEQUENT PAYMENTS TO THE OFFICE UNLESS THE COURT, ON 15,697
THE OBLIGOR'S APPLICATION FILED WITHIN THIRTY DAYS AFTER SERVICE 15,699
OF THE NOTICE ON THE OBLIGOR, ORDERS THE CHILD SUPPORT 15,700
358
ENFORCEMENT AGENCY NOT TO ADMINISTER THE SUPPORT ORDER. 15,701
Sec. 3121.48. THE OFFICE OF CHILD SUPPORT SHALL MAINTAIN A 15,704
SEPARATE ACCOUNT FOR THE DEPOSIT OF SUPPORT PAYMENTS IT RECEIVES 15,705
AS TRUSTEE FOR REMITTANCE TO THE PERSONS ENTITLED TO RECEIVE THE 15,706
SUPPORT PAYMENTS.
Sec. 3121.49. THE OFFICE OF CHILD SUPPORT SHALL RETAIN AND 15,708
USE SOLELY FOR SUPPORT ENFORCEMENT ACTIVITIES, ALL INTEREST 15,710
EARNED ON MONEYS IN ANY SUPPORT PAYMENT ACCOUNT IT MAINTAINS. 15,712
Sec. 3121.50 ON RECEIPT OF ANY AMOUNT FORWARDED FROM A 15,715
PAYOR OR FINANCIAL INSTITUTION, THE OFFICE OF CHILD SUPPORT SHALL 15,716
DISTRIBUTE THE AMOUNT TO THE OBLIGEE WITHIN TWO BUSINESS DAYS OF 15,718
ITS RECEIPT OF THE AMOUNT FORWARDED. THE DEPARTMENT OF HUMAN 15,719
SERVICES MAY ADOPT, REVISE, OR AMEND RULES UNDER CHAPTER 119. OF 15,720
THE REVISED CODE TO ASSIST IN THE IMPLEMENTATION OF THIS SECTION. 15,722
Sec. 3121.51. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 15,724
ADMINISTER ALL SUPPORT ORDERS ON A MONTHLY BASIS. 15,725
Sec. 3121.52. A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY 15,727
THAT ISSUES OR MODIFIES A SUPPORT ORDER WITH SUPPORT PAYMENTS TO 15,729
BE MADE OTHER THAN ON A MONTHLY BASIS SHALL CALCULATE A MONTHLY 15,730
AMOUNT DUE UNDER THE ORDER, FOR PURPOSES OF ITS MONTHLY 15,731
ADMINISTRATION, IN THE FOLLOWING MANNER: 15,732
(A) IF THE SUPPORT ORDER IS TO BE PAID WEEKLY, MULTIPLY 15,735
THE WEEKLY AMOUNT OF SUPPORT DUE UNDER THE ORDER BY FIFTY-TWO AND 15,736
DIVIDE THE RESULTING ANNUAL AMOUNT BY TWELVE;
(B) IF THE SUPPORT ORDER IS TO BE PAID BIWEEKLY, MULTIPLY 15,739
THE BIWEEKLY AMOUNT OF SUPPORT DUE UNDER THE ORDER BY TWENTY-SIX 15,740
AND DIVIDE THE RESULTING ANNUAL AMOUNT BY TWELVE;
(C) IF THE SUPPORT ORDER IS TO BE PAID PERIODICALLY BUT IS 15,743
NOT TO BE PAID WEEKLY, BIWEEKLY, OR MONTHLY, MULTIPLY THE
PERIODIC AMOUNT OF SUPPORT DUE BY AN APPROPRIATE NUMBER TO OBTAIN 15,745
THE ANNUAL AMOUNT OF SUPPORT DUE UNDER THE ORDER AND DIVIDE THE 15,746
ANNUAL AMOUNT OF SUPPORT DUE BY TWELVE.
Sec. 3121.53. IF THE PAYMENTS UNDER A SUPPORT ORDER ARE TO 15,748
BE MADE OTHER THAN ON A MONTHLY BASIS, THE REQUIRED MONTHLY 15,749
359
ADMINISTRATION OF THE ORDER BY A CHILD SUPPORT ENFORCEMENT AGENCY 15,750
SHALL NOT AFFECT THE FREQUENCY OR THE AMOUNT OF THE SUPPORT 15,752
PAYMENTS TO BE MADE UNDER THE ORDER.
Sec. 3121.54. WITH RESPECT TO SUPPORT ORDERS THAT REQUIRE 15,754
PAYMENT OF SUPPORT TO COMMENCE ON A DAY OTHER THAN THE FIRST DAY 15,755
OF A MONTH, THE CHILD SUPPORT ENFORCEMENT AGENCY, FOR PURPOSES OF 15,757
MONTHLY ADMINISTRATION, SHALL COMPUTE A PRO RATA AMOUNT DUE UNDER 15,759
THE ORDER FOR THE FIRST MONTH OF THE PERIOD OF PAYMENT, IN THE 15,760
FOLLOWING MANNER:
(A) DETERMINE AN ANNUAL AMOUNT UNDER SECTION 3121.52 OF 15,762
THE REVISED CODE; 15,763
(B) DIVIDE THE ANNUAL AMOUNT BY ONE OF THE FOLLOWING TO 15,765
OBTAIN THE DAILY RATE: 15,766
(1) IF PAYMENT OF SUPPORT IS REQUIRED TO COMMENCE IN A 15,768
LEAP YEAR, THREE HUNDRED SIXTY-SIX; 15,769
(2) IF PAYMENT OF SUPPORT IS REQUIRED TO COMMENCE IN A 15,771
YEAR THAT IS NOT A LEAP YEAR, THREE HUNDRED SIXTY-FIVE. 15,772
(C) MULTIPLY THE DAILY RATE BY THE NUMBER OF DAYS THE 15,774
ORDER IS IN EFFECT IN THE FIRST MONTH, INCLUDING THE DATE PAYMENT 15,775
OF SUPPORT IS REQUIRED TO COMMENCE AND THE LAST DAY OF THE FIRST 15,776
MONTH.
Sec. 3121.56. THE OFFICE OF CHILD SUPPORT SHALL COLLECT 15,778
THE ADMINISTRATIVE CHARGE IMPOSED ON THE OBLIGOR UNDER THE 15,779
SUPPORT ORDER PURSUANT TO SECTION 3119.27 OF THE REVISED CODE. 15,780
Sec. 3121.57. THE OFFICE OF CHILD SUPPORT IS NOT REQUIRED 15,783
TO APPLY AN ADMINISTRATIVE CHARGE INCLUDED WITH A PAYMENT FOR
CURRENT SUPPORT PAYMENT TOWARD ANY ARREARAGES UNDER THE SUPPORT 15,785
ORDER.
Sec. 3121.58. IF AN OBLIGOR FAILS TO PAY THE REQUIRED 15,787
ADMINISTRATIVE CHARGE AMOUNT WITH EACH CURRENT SUPPORT PAYMENT 15,788
DUE IN INCREMENTS SPECIFIED UNDER THE SUPPORT ORDER, THE OFFICE 15,789
OF CHILD SUPPORT SHALL MAINTAIN A SEPARATE ARREARAGE ACCOUNT OF 15,790
THAT AMOUNT FOR THE OBLIGOR. THE OFFICE SHALL NOT DEDUCT THE 15,791
UNPAID AMOUNT FROM ANY SUPPORT PAYMENT DUE THE OBLIGEE UNDER THE 15,792
360
SUPPORT ORDER.
Sec. 3121.59. A FINE IMPOSED PURSUANT TO DIVISION (B) OF 15,794
SECTION 3121.99 OF THE REVISED CODE SHALL BE PAID TO THE OFFICE 15,796
OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR, PURSUANT 15,797
TO SECTION 3125.29 OF THE REVISED CODE, TO THE CHILD SUPPORT 15,798
ENFORCEMENT AGENCY. THE AMOUNT OF THE FINE THAT DOES NOT EXCEED 15,800
THE AMOUNT OF ARREARAGE UNDER THE CHILD SUPPORT ORDER SHALL BE
DISBURSED IN ACCORDANCE WITH THE CHILD SUPPORT ORDER. THE AMOUNT 15,801
OF THE FINE THAT EXCEEDS THE AMOUNT OF THE ARREARAGE SHALL BE 15,803
CONSIDERED PROGRAM INCOME AND HANDLED IN ACCORDANCE WITH SECTION
3121.60 OF THE REVISED CODE. 15,804
Sec. 3121.60. ALL ADMINISTRATIVE CHARGE AMOUNTS AND 15,806
PROGRAM INCOME COLLECTED SHALL BE PLACED IN THE PROGRAM INCOME 15,808
FUND ESTABLISHED UNDER SECTION 3121.63 OF THE REVISED CODE. 15,809
Sec. 3121.63. THE PROGRAM INCOME FUND IS HEREBY CREATED IN 15,811
THE STATE TREASURY. THE FUND SHALL CONSIST OF ADMINISTRATIVE 15,813
CHARGE AMOUNTS COLLECTED UNDER SECTION 3121.56 OF THE REVISED 15,814
CODE, PROGRAM INCOME COLLECTED UNDER SECTION 3121.59 OF THE 15,816
REVISED CODE, AND ANY OTHER PROGRAM INCOME. THE FUNDS SHALL BE 15,818
USED BY THE OFFICE OF CHILD SUPPORT AND CHILD SUPPORT ENFORCEMENT 15,819
AGENCIES FOR CHILD SUPPORT ENFORCEMENT ACTIVITIES. 15,820
Sec. 3121.64. ON RECEIPT OF ADMINISTRATIVE CHARGES UNDER 15,822
SECTION 3121.56 OF THE REVISED CODE, THE OFFICE OF CHILD SUPPORT 15,823
SHALL DETERMINE THE CHARGE AMOUNTS COLLECTED FROM OBLIGORS UNDER 15,825
SUPPORT ORDERS BEING ADMINISTERED BY THE CHILD SUPPORT 15,826
ENFORCEMENT AGENCY IN EACH COUNTY AND DISTRIBUTE QUARTERLY TO 15,827
EACH AGENCY AN AMOUNT EQUAL TO THE CHARGES ATTRIBUTABLE TO THE 15,828
AGENCY.
Sec. 3121.65. NO ADMINISTRATIVE CHARGE AMOUNTS COLLECTED 15,831
SHALL BE USED BY THE OFFICE OF CHILD SUPPORT OR A CHILD SUPPORT 15,832
ENFORCEMENT AGENCY FOR ANY PURPOSE OTHER THAN THE PROVISION OF 15,833
FUNDS FOR SUPPORT ENFORCEMENT ACTIVITIES.
Sec. 3121.67. THE OFFICE OF CHILD SUPPORT MAY ENTER INTO 15,836
CONTRACTS WITH PUBLIC ENTITIES OR PRIVATE VENDORS FOR THE 15,837
361
COLLECTION OF AMOUNTS DUE UNDER SUPPORT ORDERS OR FOR THE 15,838
PERFORMANCE OF OTHER ADMINISTRATIVE DUTIES OF THE OFFICE. THE 15,839
OFFICE MAY CONTRACT WITH A PUBLIC OR PRIVATE ENTITY FOR THE 15,840
COLLECTION OF ARREARAGES OWED UNDER ANY CHILD SUPPORT ORDER FOR 15,842
WHICH A COURT OR A CHILD SUPPORT ENFORCEMENT AGENCY HAS FOUND THE
OBLIGOR IN DEFAULT PURSUANT TO A FINAL AND ENFORCEABLE ORDER 15,843
ISSUED PURSUANT TO SECTIONS 3123.02 TO 3123.071 OF THE REVISED 15,845
CODE. EACH CONTRACT SHALL COMPLY WITH THE RULES ADOPTED PURSUANT 15,848
TO SECTION 3121.71 OF THE REVISED CODE.
Sec. 3121.69. IN ORDER TO COMPLY WITH ITS COLLECTION AND 15,850
DISBURSEMENT RESPONSIBILITIES, THE OFFICE OF CHILD SUPPORT MAY 15,851
REQUIRE THE DIRECTOR OF EACH CHILD SUPPORT ENFORCEMENT AGENCY TO 15,853
AUTHORIZE THE OFFICE TO USE THAT DIRECTOR'S FACSIMILE SIGNATURE 15,854
IF THE OFFICE DETERMINES THE SIGNATURE'S USE IS NECESSARY. AN
AGENCY DIRECTOR SHALL NOT BE SUBJECT TO CIVIL OR CRIMINAL 15,855
LIABILITY FOR ANY DAMAGE OR INJURY TO PERSONS OR PROPERTY THAT 15,856
RESULT FROM THE USE OF THE FACSIMILE SIGNATURE BY THE STATE. 15,857
Sec. 3121.71. THE DEPARTMENT OF HUMAN SERVICES, PURSUANT 15,860
TO CHAPTER 119. OF THE REVISED CODE, SHALL ADOPT RULES THAT DO 15,861
ALL OF THE FOLLOWING: 15,862
(A) GOVERN COLLECTION AND DISBURSEMENT OF CHILD SUPPORT 15,864
AMOUNTS IN COMPLIANCE WITH TITLE IV-D OF THE "SOCIAL SECURITY 15,867
ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651 ET SEQ., AS AMENDED, 15,868
AND ANY REGULATIONS ADOPTED UNDER THE ACT; 15,869
(B) GOVERN THE METHOD OF SENDING ADMINISTRATIVE CHARGE 15,871
AMOUNTS TO CHILD SUPPORT ENFORCEMENT AGENCIES; 15,873
(C) ASSIST IN THE IMPLEMENTATION OF SEPARATE ACCOUNTS FOR 15,875
SUPPORT PAYMENTS RECEIVED BY THE DIVISION; 15,876
(D) GOVERN THE PROCESS OF ENTERING INTO AND THE PROVISIONS 15,879
OF CONTRACTS DESCRIBED IN SECTION 3121.67 OF THE REVISED CODE. 15,880
Sec. 3121.74. THE OFFICE OF CHILD SUPPORT IN THE 15,882
DEPARTMENT OF HUMAN SERVICES SHALL ENTER INTO ACCOUNT INFORMATION 15,884
ACCESS AGREEMENTS WITH FINANCIAL INSTITUTIONS DOING BUSINESS IN 15,886
THIS STATE AND WITH FINANCIAL INSTITUTIONS DOING BUSINESS IN 15,888
362
OTHER STATES. THE OFFICE MAY CONTRACT ON ITS OWN WITH THESE 15,889
FINANCIAL INSTITUTIONS IN THE CASE OF FINANCIAL INSTITUTIONS
DOING BUSINESS IN THIS STATE. THE OFFICE MAY JOIN AN ALLIANCE OF 15,890
STATES FOR THE PURPOSE OF PARTICIPATING IN THE FINANCIAL DATA 15,891
MATCHING PROGRAM, AS DEFINED IN SECTION 666(A)(17) OF TITLE 42 OF 15,893
THE UNITED STATES CODE, AND CONTRACTING WITH FINANCIAL 15,895
INSTITUTIONS DOING BUSINESS IN THIS STATE. IN THE CASE OF 15,896
FINANCIAL INSTITUTIONS DOING BUSINESS IN OTHER STATES, THE OFFICE 15,897
SHALL ENTER INTO AN AGREEMENT WITH THE FEDERAL OFFICE OF CHILD 15,898
SUPPORT ENFORCEMENT FOR THE PURPOSE OF PARTICIPATING IN THE 15,899
FINANCIAL INSTITUTION DATA MATCHING PROGRAM. THE AGREEMENTS 15,901
SHALL PROVIDE THE OFFICE ACCESS TO ACCOUNT INFORMATION SPECIFIED 15,902
IN THIS SECTION FOR THE PURPOSES OF ESTABLISHING, MODIFYING, OR 15,904
ENFORCING SUPPORT ORDERS. THE AGREEMENTS SHALL SPECIFY THE 15,905
MANNER IN WHICH THE INFORMATION IS TO BE PROVIDED AND SHALL 15,906
REQUIRE THAT THE OFFICE BE AFFORDED ACCESS TO THE FOLLOWING 15,907
INFORMATION EACH CALENDAR QUARTER CONCERNING ALL OBLIGORS IN 15,908
DEFAULT UNDER SUPPORT ORDERS BEING ADMINISTERED BY CHILD SUPPORT 15,909
ENFORCEMENT AGENCIES IN THIS STATE WHO MAINTAIN AN ACCOUNT WITH 15,910
THE FINANCIAL INSTITUTION:
(A) THE OBLIGOR'S NAME; 15,912
(B) THE OBLIGOR'S ADDRESS; 15,914
(C) THE OBLIGOR'S SOCIAL SECURITY NUMBER OR TAXPAYER 15,916
IDENTIFICATION NUMBER; 15,917
(D) WHETHER ANOTHER PERSON HAS AN OWNERSHIP INTEREST IN 15,919
THE ACCOUNT, INCLUDING A LIST OF ALL PERSONS HAVING AN OWNERSHIP 15,920
INTEREST IN THE ACCOUNT AS REFLECTED ON THE SIGNATURE CARD OR 15,921
SIMILAR DOCUMENT ON FILE WITH THE FINANCIAL INSTITUTION; 15,922
(E) ANY OTHER INFORMATION AGREED TO BY THE PARTIES. 15,924
Sec. 3121.75. A FINANCIAL INSTITUTION THAT RESPONDS TO A 15,927
REQUEST OR PROVIDES INFORMATION TO THE OFFICE OF CHILD SUPPORT 15,928
PURSUANT TO AN ACCOUNT INFORMATION ACCESS AGREEMENT SHALL DEDUCT 15,930
A FEE OF FIVE DOLLARS FOR EACH WITHDRAWAL THE FINANCIAL 15,931
INSTITUTION MAKES FROM AN OBLIGOR'S ACCOUNT ON RECEIPT OF A 15,932
363
WITHDRAWAL DIRECTIVE UNDER SECTIONS 3121.74 TO 3121.78 OF THE 15,933
REVISED CODE.
Sec. 3121.76. INFORMATION OBTAINED FROM A FINANCIAL 15,936
INSTITUTION PURSUANT TO AN ACCOUNT INFORMATION ACCESS AGREEMENT 15,937
IS NOT A PUBLIC RECORD FOR THE PURPOSES OF SECTION 149.43 OF THE 15,939
REVISED CODE. NO PERSON OR GOVERNMENT ENTITY THAT OBTAINS 15,941
INFORMATION CONCERNING AN ACCOUNT HOLDER FROM A FINANCIAL 15,942
INSTITUTION PURSUANT TO AN AGREEMENT SHALL DISCLOSE THE 15,943
INFORMATION FOR PURPOSES OTHER THAN THE ESTABLISHMENT, 15,944
MODIFICATION, OR ENFORCEMENT OF A SUPPORT ORDER.
Sec. 3121.77. FINANCIAL INSTITUTIONS OR THEIR OFFICERS, 15,947
DIRECTORS, AND EMPLOYEES SHALL NOT BE SUBJECT TO CRIMINAL OR 15,948
CIVIL LIABILITY FOR DISCLOSING OR RELEASING INFORMATION 15,949
CONCERNING AN ACCOUNT HOLDER TO THE OFFICE OF CHILD SUPPORT 15,950
PURSUANT TO AN ACCOUNT INFORMATION ACCESS AGREEMENT, OR FOR ANY 15,951
OTHER ACTION TAKEN IN GOOD FAITH TO COMPLY WITH AN ACCOUNT 15,953
INFORMATION ACCESS AGREEMENT, REGARDLESS OF WHETHER THE ACTION
WAS SPECIFICALLY AUTHORIZED OR DESCRIBED IN THE AGREEMENT. 15,954
Sec. 3121.78. THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT 15,957
RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE THAT DO THE 15,960
FOLLOWING:
(A) GOVERN THE PROVISIONS OF AN AGREEMENT REQUIRED 15,962
PURSUANT TO SECTION 3121.74 OF THE REVISED CODE AND THE PROCEDURE 15,964
FOR ENTERING INTO AN AGREEMENT; 15,965
(B) GOVERN REIMBURSEMENTS UNDER SECTION 3121.75 OF THE 15,968
REVISED CODE.
Sec. 3121.81. THE OFFICE OF CHILD SUPPORT IN THE 15,971
DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH AND MAINTAIN A CASE 15,972
REGISTRY OF ALL SUPPORT ORDERS BEING ADMINISTERED OR OTHERWISE 15,973
HANDLED BY A CHILD SUPPORT ENFORCEMENT AGENCY. 15,974
Sec. 3121.82. THE CASE REGISTRY SHALL INCLUDE ALL OF THE 15,976
FOLLOWING INFORMATION: 15,977
(A) THE NAME, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE 15,979
NUMBER, OTHER IDENTIFICATION NUMBER, RESIDENCE TELEPHONE NUMBER, 15,980
364
AND DATE OF BIRTH OF EACH OBLIGOR AND OBLIGEE UNDER A SUPPORT 15,981
ORDER; 15,982
(B) PAYMENT INFORMATION INCLUDING THE PERIODIC SUPPORT 15,984
AMOUNT DUE, ARREARAGES, PENALTIES FOR LATE PAYMENT, FEES, AMOUNTS 15,986
COLLECTED, AND AMOUNTS DISTRIBUTED UNDER A SUPPORT ORDER; 15,987
(C) LIENS IMPOSED ON REAL AND PERSONAL PROPERTY TO RECOVER 15,990
ARREARAGES UNDER A SUPPORT ORDER;
(D) WITH RESPECT TO A CHILD SUPPORT ORDER, THE NAME AND 15,992
BIRTHDATE OF EACH CHILD SUBJECT TO THE ORDER; 15,993
(E) INFORMATION OBTAINED PURSUANT TO AN AGREEMENT UNDER 15,995
SECTION 3121.74 OF THE REVISED CODE; 15,996
(F) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT OF 15,998
HUMAN SERVICES PURSUANT TO RULES ADOPTED UNDER SECTION 3121.86 OF 16,000
THE REVISED CODE.
Sec. 3121.83. THE CASE REGISTRY SHALL BE MAINTAINED AS 16,003
PART OF THE AUTOMATED SYSTEM CREATED PURSUANT TO SECTION 3125.07 16,004
OF THE REVISED CODE AND SHALL BE ACCESSED THROUGH THE SYSTEM. 16,006
THE OFFICE OF CHILD SUPPORT AND EACH CHILD SUPPORT ENFORCEMENT 16,007
AGENCY SHALL MONITOR AND UPDATE THE REGISTRY, AND EACH AGENCY 16,008
SHALL ENTER THE INFORMATION DESCRIBED IN SECTION 3121.82 OF THE 16,009
REVISED CODE IN THE REGISTRY IN ACCORDANCE WITH RULES ADOPTED 16,010
PURSUANT TO SECTION 3121.86 OF THE REVISED CODE. 16,011
Sec. 3121.84. (A) THE OFFICE OF CHILD SUPPORT SHALL MAKE 16,013
COMPARISONS OF THE INFORMATION IN THE CASE REGISTRY WITH THE 16,015
INFORMATION MAINTAINED BY THE DEPARTMENT OF HUMAN SERVICES 16,016
PURSUANT TO SECTIONS 3111.64 AND 3121.894 OF THE REVISED CODE. 16,018
THE OFFICE SHALL MAKE THE COMPARISONS IN THE MANNER AND IN THE 16,019
TIME INTERVALS REQUIRED BY THE RULES ADOPTED PURSUANT TO SECTION 16,021
3121.86 OF THE REVISED CODE. THE OFFICE SHALL MAKE REPORTS OF 16,022
INFORMATION IN THE REGISTRY TO OTHER ENTITIES OF THE STATE, THE 16,023
FEDERAL GOVERNMENT, AND OTHER STATES AS REQUIRED BY THOSE RULES. 16,024
(B) THE OFFICE SHALL MAKE COMPARISONS OF INFORMATION IN 16,027
THE CASE REGISTRY WITH INFORMATION MAINTAINED BY THE DEPARTMENT 16,028
PURSUANT TO SECTIONS 3111.64 AND 3121.894 OF THE REVISED CODE AND 16,030
365
PROVIDE INFORMATION IN THE CASE REGISTRY TO OTHER ENTITIES OF THE 16,031
STATE, THE FEDERAL GOVERNMENT, AND OTHER STATES CONSISTENT WITH 16,033
TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42 16,035
U.S.C. 651 ET SEQ., AS AMENDED, AND ANY FEDERAL REGULATIONS 16,037
ADOPTED UNDER THE ACT.
Sec. 3121.85. EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL 16,039
ENTER INFORMATION INTO THE CASE REGISTRY AND MAINTAIN AND UPDATE 16,041
THAT INFORMATION CONSISTENT WITH TITLE IV-D OF THE "SOCIAL 16,042
SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651 ET SEQ., AS 16,044
AMENDED AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE ACT. THE 16,045
OFFICE OF CHILD SUPPORT AND EACH CHILD SUPPORT ENFORCEMENT AGENCY 16,046
SHALL MONITOR THE REGISTRY CONSISTENT WITH TITLE IV-D OF THE 16,048
"SOCIAL SECURITY ACT," AS AMENDED, AND ANY FEDERAL REGULATIONS 16,049
ADOPTED UNDER THE ACT.
Sec. 3121.86. THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT 16,052
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT DO 16,054
BOTH OF THE FOLLOWING: 16,055
(A) ESTABLISH PROCEDURES GOVERNING ACTIONS REQUIRED BY 16,057
SECTIONS 3121.84 AND 3121.85 OF THE REVISED CODE; 16,058
(B) DESIGNATE ANY ADDITIONAL INFORMATION THAT MUST BE 16,060
PLACED IN THE CASE REGISTRY CONSISTENT WITH TITLE IV-D OF THE 16,063
"SOCIAL SECURITY ACT," 42 U.S.C. 651 ET SEQ., AS AMENDED, AND ANY 16,064
FEDERAL REGULATIONS ADOPTED UNDER THE ACT. 16,065
Sec. 3121.89. AS USED IN SECTIONS 3121.891 TO 3121.8911 OF 16,067
THE REVISED CODE: 16,068
(A) "EMPLOYEE" DOES NOT INCLUDE AN INDIVIDUAL PERFORMING 16,070
INTELLIGENCE OR COUNTERINTELLIGENCE FUNCTIONS FOR A STATE AGENCY, 16,072
IF THE HEAD OF THE AGENCY HAS DETERMINED THAT REPORTING PURSUANT 16,073
TO THIS SECTION COULD ENDANGER THE SAFETY OF THE EMPLOYEE OR 16,074
COMPROMISE AN ONGOING INVESTIGATION OR INTELLIGENCE MISSION. 16,075
(B) "EMPLOYER" MEANS ANY PERSON OR GOVERNMENTAL ENTITY 16,078
OTHER THAN THE FEDERAL GOVERNMENT FOR WHICH AN INDIVIDUAL 16,079
PERFORMS ANY SERVICE, OF WHATEVER NATURE, AS THE EMPLOYEE OF SUCH 16,080
PERSON, EXCEPT THAT: 16,081
366
(1) IF THE PERSON FOR WHOM THE INDIVIDUAL PERFORMS 16,083
SERVICES DOES NOT HAVE CONTROL OF THE PAYMENT OF COMPENSATION FOR 16,085
THE SERVICES, "EMPLOYER" MEANS THE PERSON HAVING CONTROL OF THE 16,086
PAYMENT OF THE COMPENSATION.
(2) IN THE CASE OF A PERSON PAYING COMPENSATION ON BEHALF 16,088
OF A NONRESIDENT ALIEN INDIVIDUAL, FOREIGN PARTNERSHIP, OR 16,089
FOREIGN CORPORATION NOT ENGAGED IN TRADE OR BUSINESS WITHIN THE 16,090
UNITED STATES, "EMPLOYER" MEANS THE PERSON PAYING THE 16,091
COMPENSATION.
Sec. 3121.891. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 16,094
THIS SECTION, EVERY EMPLOYER SHALL REPORT TO THE DEPARTMENT OF 16,095
HUMAN SERVICES THE HIRING, REHIRING, OR RETURN TO WORK AS AN 16,096
EMPLOYEE OF A PERSON WHO RESIDES, WORKS, OR WILL BE ASSIGNED TO 16,097
WORK IN THIS STATE TO WHOM THE EMPLOYER ANTICIPATES PAYING 16,098
COMPENSATION.
(B) AN EMPLOYER WITH EMPLOYEES IN TWO OR MORE STATES THAT 16,101
TRANSMITS REPORTS MAGNETICALLY OR ELECTRONICALLY MAY MAKE THE 16,102
REPORT TO ANOTHER STATE IF THE EMPLOYER DOES BOTH OF THE 16,103
FOLLOWING:
(1) NOTIFIES THE OHIO DEPARTMENT OF HUMAN SERVICES AND THE 16,106
UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES IN WRITING 16,108
THAT THE EMPLOYER HAS DESIGNATED ANOTHER STATE AS THE STATE TO
WHICH THE EMPLOYER WILL TRANSMIT THE REPORT; 16,110
(2) TRANSMITS THE REPORT TO THAT STATE IN COMPLIANCE WITH 16,113
FEDERAL LAW.
Sec. 3121.892. AN EMPLOYER SHALL INCLUDE ALL OF THE 16,115
FOLLOWING IN EACH REPORT: 16,116
(A) THE EMPLOYEE'S NAME, ADDRESS, DATE OF BIRTH, SOCIAL 16,119
SECURITY NUMBER, AND DATE OF HIRE, REHIRE, OR RETURN TO WORK; 16,120
(B) THE EMPLOYER'S NAME, ADDRESS, AND IDENTIFICATION 16,122
NUMBER.
Sec. 3121.893. AN EMPLOYER MAY MAKE A REPORT BY SUBMITTING 16,124
A COPY OF THE UNITED STATES INTERNAL REVENUE SERVICE FORM W-4 16,125
(EMPLOYEE'S WITHHOLDING ALLOWANCE CERTIFICATE) FOR THE EMPLOYEE, 16,126
367
A FORM PROVIDED BY THE DEPARTMENT OF HUMAN SERVICES, OR ANY OTHER 16,127
HIRING DOCUMENT OR DATA STORAGE DEVICE OR MECHANISM THE 16,130
DEPARTMENT AUTHORIZES. AN EMPLOYER MAY MAKE THE REPORT BY MAIL, 16,131
FAX, MAGNETIC OR ELECTRONIC MEANS, OR OTHER MEANS THE DEPARTMENT 16,132
AUTHORIZES. IF AN EMPLOYER MAKES A REPORT BY MAIL, THE DATE OF 16,133
MAKING THE REPORT IS THE POSTMARK DATE IF THE REPORT IS MAILED IN 16,134
THE UNITED STATES WITH FIRST CLASS POSTAGE AND IS ADDRESSED AS 16,135
THE DEPARTMENT AUTHORIZES. AN EMPLOYER SHALL MAKE THE REPORT NOT 16,136
LATER THAN TWENTY DAYS AFTER THE DATE ON WHICH THE EMPLOYER HIRES 16,138
OR REHIRES AN EMPLOYEE OR THE EMPLOYEE RETURNS TO WORK. 16,139
Sec. 3121.894. THE DEPARTMENT OF HUMAN SERVICES SHALL, 16,141
WITHIN FIVE DAYS OF RECEIPT FROM AN EMPLOYER, ENTER THE 16,142
INFORMATION DESCRIBED IN SECTION 3121.892 OF THE REVISED CODE 16,144
INTO THE NEW HIRES DIRECTORY, WHICH SHALL BE PART OF OR 16,145
ACCESSIBLE TO THE AUTOMATED DATA PROCESSING SYSTEM REQUIRED 16,146
PURSUANT TO SECTION 3125.07 OF THE REVISED CODE. 16,148
Sec. 3121.895. THE DEPARTMENT OF HUMAN SERVICES SHALL MAKE 16,150
COMPARISONS OF THE SOCIAL SECURITY NUMBERS OBTAINED PURSUANT TO 16,151
THIS SECTION AND THE SOCIAL SECURITY NUMBERS APPEARING IN THE 16,152
CASE REGISTRY MAINTAINED PURSUANT TO SECTIONS 3121.81 TO 3121.86 16,154
OF THE REVISED CODE. NOT LATER THAN THE BUSINESS DAY AFTER 16,156
INFORMATION IS ENTERED INTO THE DIRECTORY, IF THE COMPARISON 16,157
CONDUCTED BY THE DEPARTMENT RESULTS IN A MATCH, THE DEPARTMENT 16,159
SHALL NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING 16,160
THE SUPPORT ORDER.
Sec. 3121.896. NOT LATER THAN THE BUSINESS DAY AFTER 16,162
RECEIPT OF THE NOTICE, THE CHILD SUPPORT ENFORCEMENT AGENCY 16,164
ADMINISTERING THE SUPPORT ORDER SHALL SEND A WITHHOLDING NOTICE 16,165
TO THE EMPLOYER PURSUANT TO SECTION 3121.03 OF THE REVISED CODE, 16,166
UNLESS THE EMPLOYEE'S INCOME IS NOT SUBJECT TO WITHHOLDING, AND 16,167
SHALL TAKE ANY OTHER APPROPRIATE ACTION UNDER CHAPTERS 3119., 16,168
3121., 3123., AND 3125. OF THE REVISED CODE. 16,170
Sec. 3121.897. WITHIN THREE BUSINESS DAYS AFTER 16,172
INFORMATION IS ENTERED INTO THE NEW HIRES DIRECTORY, THE 16,173
368
DEPARTMENT OF HUMAN SERVICES SHALL FURNISH THE INFORMATION TO THE 16,174
NATIONAL DIRECTORY OF NEW HIRES. THE BUREAU OF EMPLOYMENT 16,176
SERVICES SHALL FURNISH TO THE NATIONAL DIRECTORY OF NEW HIRES ON 16,177
A QUARTERLY BASIS SUCH INFORMATION CONTAINED IN THE RECORDS OF 16,178
THE BUREAU OF EMPLOYMENT SERVICES AS IS REQUIRED BY STATE AND
FEDERAL LAW. 16,179
Sec. 3121.898. THE DEPARTMENT OF HUMAN SERVICES SHALL USE 16,181
THE REPORTS IT RECEIVES TO LOCATE INDIVIDUALS FOR THE PURPOSES OF 16,184
ESTABLISHING PATERNITY; FOR ESTABLISHING, MODIFYING, AND
ENFORCING SUPPORT ORDERS BEING ADMINISTERED BY CHILD SUPPORT 16,185
ENFORCEMENT AGENCIES IN THIS STATE; AND TO DETECT FRAUD IN ANY 16,187
PROGRAM ADMINISTERED BY THE DEPARTMENT. 16,188
Sec. 3121.899. THE REPORTS SHALL NOT BE CONSIDERED PUBLIC 16,190
RECORDS FOR PURPOSES OF SECTION 149.43 OF THE REVISED CODE. THE 16,192
DEPARTMENT OF HUMAN SERVICES MAY ADOPT RULES UNDER SECTION 16,193
3125.51 OF THE REVISED CODE GOVERNING ACCESS TO, AND USE AND 16,196
DISCLOSURE OF, INFORMATION CONTAINED IN THE REPORTS. THE 16,197
DEPARTMENT MAY DISCLOSE INFORMATION IN THE REPORTS TO ANY AGENT 16,198
OF THE DEPARTMENT OR CHILD SUPPORT ENFORCEMENT AGENCY THAT IS 16,199
UNDER CONTRACT WITH THE DEPARTMENT FOR THE PURPOSES LISTED IN
SECTION 3121.898 OF THE REVISED CODE. THE DEPARTMENT MAY SUBMIT 16,201
TO THE BUREAU OF WORKERS' COMPENSATION OR THE BUREAU OF 16,202
EMPLOYMENT SERVICES A COPY OF ANY REPORT IT RECEIVES. 16,203
Sec. 3121.8910. AN EMPLOYER THAT FAILS TO MAKE A REPORT 16,205
SHALL BE REQUIRED BY THE DEPARTMENT OF HUMAN SERVICES TO PAY A 16,206
FEE OF NOT MORE THAN TWENTY-FIVE DOLLARS FOR EACH FAILURE TO MAKE 16,207
A REPORT. 16,208
IF THE FAILURE TO MAKE A REPORT IS THE RESULT OF A 16,210
CONSPIRACY BETWEEN THE EMPLOYER AND THE EMPLOYEE NOT TO SUPPLY 16,211
THE REPORT OR TO SUPPLY A FALSE OR INCOMPLETE REPORT, THE 16,212
DEPARTMENT SHALL REQUIRE THE EMPLOYER TO PAY A FEE OF NOT MORE 16,214
THAN FIVE HUNDRED DOLLARS FOR EACH SUCH FAILURE. 16,215
Sec. 3121.8911. THE DEPARTMENT OF HUMAN SERVICES SHALL 16,217
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 16,218
369
TO IMPLEMENT SECTIONS 3121.89 TO 3121.8910 OF THE REVISED CODE. 16,220
Sec. 5101.318 3121.91. The department OF HUMAN SERVICES 16,223
may request the assistance of other states in enforcing support 16,224
orders issued by the courts and child support enforcement 16,225
agencies of this state consistent with section 466(a) TITLE IV-D 16,227
of the "Social Security Act," as amended by the "Personal 16,229
Responsibility and Work Opportunity Reconciliation Act of 1996," 16,230
110 88 Stat. 2105 2351 (1975), 42 U.S.C. 666(a) 651 ET SEQ., AS 16,232
AMENDED. The department, when enforcing, WHEN SUPPORT ORDERS 16,234
ISSUED IN OTHER STATES ARE BEING ENFORCED IN THIS STATE pursuant 16,235
to Chapters 2301., 3113., 3115., and 5101. 3119., 3121., 3123., 16,237
AND 3125. of the Revised Code, support orders issued in other 16,239
states THE FOLLOWING SHALL APPLY:
(A) THE DEPARTMENT shall use the forms required pursuant 16,242
to sections 452(a) and 454(9) TITLE IV-D of the "Social Security 16,244
Act," as amended by the "Personal Responsibility and Work 16,245
Opportunity Reconciliation Act of 1996," 110 88 Stat. 2105 2351 16,246
(1975), 42 U.S.C. 652(a) and 654(9) 651 ET SEQ., AS AMENDED. 16,247
(B) EXCEPT AS PROVIDED BY CHAPTER 3115. OF THE REVISED 16,249
CODE, A SUPPORT ORDER ISSUED IN A STATE OTHER THAN THIS STATE 16,250
THAT IS BEING ADMINISTRATIVELY ENFORCED IN THIS STATE PURSUANT TO 16,251
42 U.S.C. 666(a)(14)(A) SHALL NOT BE CONSIDERED TO BE TRANSFERRED 16,253
TO THE CASELOAD OF ANY CHILD SUPPORT ENFORCEMENT AGENCY OF THIS 16,254
STATE OR TO THE DEPARTMENT.
THE DEPARTMENT SHALL MAINTAIN RECORDS OF THE NUMBER OF 16,256
REQUESTS FOR ASSISTANCE RECEIVED IN THIS STATE FOR ENFORCEMENT OF 16,258
SUPPORT CASES ISSUED BY OTHER STATES, THE NUMBER OF SUPPORT CASES
ISSUED BY ANOTHER STATE UNDER WHICH SUPPORT WAS ACTUALLY 16,259
COLLECTED IN THIS STATE, AND THE AMOUNT OF SUPPORT COLLECTED. 16,260
Sec. 5101.316 3121.92. The department of human services 16,269
may enter into an agreement with a foreign country for the 16,271
establishment of and enforcement of support orders issued under 16,272
the laws of that country if that country, as part of the 16,273
agreement, agrees to enforce support orders issued under the laws 16,274
370
of this state. The department must provide services under the 16,275
program of support enforcement established pursuant to this 16,276
section to a foreign country with which the department has an 16,277
agreement under this section and to a foreign country declared to 16,278
be a foreign reciprocating country under section 459A TITLE IV-D 16,280
of the "Social Security Act," as amended by the "Personal 16,284
Responsibility and Work Opportunity Reconciliation Act of 1996," 16,286
110 88 Stat. 2105 2351 (1975), 42 U.S.C. 659A 651 ET SEQ., AS 16,288
AMENDED, that requests the services. The department shall 16,289
provide the services without imposing an application fee or any 16,290
other cost on the foreign country or the obligee requesting the 16,291
services. The department may impose the application fee or other 16,292
costs on the obligor under the support order. The department 16,293
shall adopt rules pursuant to Chapter 119. of the Revised Code 16,296
governing the procedure for entering into a contract pursuant to 16,297
this section, the provisions of the contract, and the provision 16,298
of support enforcement services, which rules shall be consistent 16,299
with sections 454 and 459A TITLE IV-D of the "Social Security 16,302
Act," as amended by the "Personal Responsibility and Work 16,303
Opportunity Reconciliation Act of 1996," 110 88 Stat. 2105 2351 16,305
(1975), 42 U.S.C. 654 and 659A 651 ET SEQ., AS AMENDED, and 16,306
regulations adopted under the act. 16,307
Sec. 3121.99. (A) WHOEVER VIOLATES SECTION 3121.76 OF THE 16,309
REVISED CODE SHALL BE FINED NO MORE THAN FIVE HUNDRED DOLLARS, OR 16,311
IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH. 16,312
(B) AN OBLIGOR WHO VIOLATES SECTION 3121.036 OR 3121.24 OF 16,315
THE REVISED CODE SHALL BE FINED NOT MORE THAN FIFTY DOLLARS FOR A 16,316
FIRST OFFENSE, NOT MORE THAN ONE HUNDRED DOLLARS FOR A SECOND 16,317
OFFENSE, AND NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH 16,318
SUBSEQUENT OFFENSE.
(C) AN EMPLOYER THAT VIOLATES SECTION 3121.39 OF THE 16,321
REVISED CODE WITH RESPECT TO A COURT SUPPORT ORDER MAY BE FINED 16,322
NOT MORE THAN FIVE HUNDRED DOLLARS.
Sec. 3123.01. AS USED IN THIS CHAPTER: 16,324
371
(A) "COURT SUPPORT ORDER" MEANS EITHER A COURT CHILD 16,326
SUPPORT ORDER OR AN ORDER FOR THE SUPPORT OF A SPOUSE ISSUED 16,327
PURSUANT TO CHAPTER 3115. OF THE REVISED CODE, SECTION 3105.18, 16,329
3113.31, OR 3123.07 OF THE REVISED CODE, OR DIVISION (B) OF 16,330
FORMER SECTION 3113.21 OF THE REVISED CODE. 16,331
(B) "DEFAULT" MEANS ANY FAILURE TO PAY UNDER A SUPPORT 16,333
ORDER THAT IS AN AMOUNT GREATER THAN OR EQUAL TO THE AMOUNT OF 16,334
SUPPORT PAYABLE UNDER THE SUPPORT ORDER FOR ONE MONTH. 16,335
(C) "FINANCIAL INSTITUTION" MEANS A BANK, SAVINGS AND LOAN 16,337
ASSOCIATION, OR CREDIT UNION, OR A REGULATED INVESTMENT COMPANY 16,338
OR MUTUAL FUND. 16,339
(D) "PAYOR" MEANS ANY PERSON OR ENTITY THAT PAYS OR 16,341
DISTRIBUTES INCOME TO AN OBLIGOR, INCLUDING AN OBLIGOR IF THE 16,342
OBLIGOR IS SELF-EMPLOYED; AN EMPLOYER; AN EMPLOYER PAYING AN 16,344
OBLIGOR'S WORKERS' COMPENSATION BENEFITS; THE PUBLIC EMPLOYEES 16,345
RETIREMENT BOARD; THE GOVERNING ENTITY OF A MUNICIPAL RETIREMENT 16,346
SYSTEM; THE BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S 16,347
DISABILITY AND PENSION FUND; THE STATE TEACHERS RETIREMENT BOARD; 16,348
THE SCHOOL EMPLOYEES RETIREMENT BOARD; THE STATE HIGHWAY PATROL 16,349
RETIREMENT BOARD; THE BUREAU OF WORKERS' COMPENSATION; OR ANY 16,350
OTHER PERSON OR ENTITY OTHER THAN THE BUREAU OF EMPLOYMENT 16,351
SERVICES WITH RESPECT TO UNEMPLOYMENT COMPENSATION BENEFITS PAID 16,352
PURSUANT TO CHAPTER 4141. OF THE REVISED CODE. 16,353
(E) "PERSONAL EARNINGS" MEANS COMPENSATION PAID OR PAYABLE 16,356
FOR PERSONAL SERVICES, HOWEVER DENOMINATED, AND INCLUDES WAGES, 16,357
SALARY, COMMISSIONS, BONUSES, DRAWS AGAINST COMMISSIONS, PROFIT 16,358
SHARING, VACATION PAY, OR ANY OTHER COMPENSATION. 16,359
(F) "SUPPORT ORDER" MEANS EITHER AN ADMINISTRATIVE CHILD 16,361
SUPPORT ORDER OR A COURT SUPPORT ORDER. 16,362
Sec. 3123.02. IMMEDIATELY AFTER IDENTIFICATION OF A 16,365
DEFAULT UNDER A SUPPORT ORDER, THE CHILD SUPPORT ENFORCEMENT 16,366
AGENCY SHALL CONDUCT AN INVESTIGATION TO DETERMINE THE EMPLOYMENT 16,367
STATUS OF THE OBLIGOR, THE OBLIGOR'S SOCIAL SECURITY NUMBER, THE 16,368
NAME AND BUSINESS ADDRESS OF THE OBLIGOR'S EMPLOYER, WHETHER THE 16,369
372
OBLIGOR IS IN DEFAULT UNDER A SUPPORT ORDER, THE AMOUNT OF ANY 16,370
ARREARAGES, AND ANY OTHER INFORMATION NECESSARY TO ENABLE THE 16,371
COURT OR AGENCY TO IMPOSE ANY WITHHOLDING OR DEDUCTION 16,372
REQUIREMENTS AND ISSUE THE RELATED NOTICES DESCRIBED IN SECTION 16,373
3121.03 OF THE REVISED CODE OR TO ISSUE ANY COURT ORDERS 16,375
DESCRIBED IN DIVISION (C) OR (D) OF SECTION 3121.03 OF THE 16,376
REVISED CODE. THE AGENCY SHALL ALSO CONDUCT AN INVESTIGATION 16,377
UNDER THIS DIVISION WHEN REQUIRED BY SECTION 3119.80 OR 3119.81 16,378
OF THE REVISED CODE AND SHALL COMPLETE THE INVESTIGATION WITHIN 16,379
TWENTY DAYS AFTER THE COURT ORDERS THE INVESTIGATION UNDER 16,382
SECTION 3119.81 OF THE REVISED CODE. 16,383
Sec. 3123.03. (A) AS USED IN THIS SECTION, "PERIOD OF 16,385
DEFAULT" MEANS THE TIME PERIOD BEGINNING ON THE DATE A DEFAULT 16,386
UNDER A SUPPORT ORDER IS IDENTIFIED AND ENDING ON THE DATE THE 16,387
TOTAL ARREARAGE AMOUNT OWED BECAUSE OF THE DEFAULT UNDER THE 16,388
ORDER IS PAID.
(B) WITHIN FIFTEEN CALENDAR DAYS AFTER THE IDENTIFICATION 16,390
OF A DEFAULT UNDER A SUPPORT ORDER, THE CHILD SUPPORT ENFORCEMENT 16,391
AGENCY SHALL SEND ADVANCE NOTICE TO THE OBLIGOR IF THE DEFAULT 16,392
OCCURS PRIOR TO THE DATE THE OFFICE OF CHILD SUPPORT IN THE 16,393
DEPARTMENT OF HUMAN SERVICES AUTHORIZES CENTRALIZED COLLECTION 16,394
AND DISBURSEMENT OF SUPPORT AMOUNTS UNDER THE SUPPORT ORDER IN 16,395
DEFAULT. ON AND AFTER THAT DATE, THE OFFICE SHALL SEND THE 16,396
ADVANCE NOTICE TO THE OBLIGOR. THE AGENCY OR OFFICE, AS 16,397
APPROPRIATE, SHALL SEND THE ADVANCE NOTICE TO THE OBLIGOR ONLY 16,398
ONCE FOR EACH PERIOD OF DEFAULT. THE ADVANCE NOTICE SHALL 16,399
INCLUDE A NOTICE DESCRIBING THE ACTIONS THAT MAY BE TAKEN AGAINST 16,400
THE OBLIGOR IF THE COURT OR AGENCY MAKES A FINAL AND ENFORCEABLE 16,402
DETERMINATION THAT THE OBLIGOR IS IN DEFAULT. IF THE LOCATION OF 16,403
THE OBLIGOR IS UNKNOWN AT THE TIME OF THE IDENTIFICATION OF A 16,404
DEFAULT UNDER THE SUPPORT ORDER, THE AGENCY OR OFFICE, AS 16,405
APPROPRIATE, SHALL SEND THE ADVANCE NOTICE TO THE OBLIGOR WITHIN 16,406
FIFTEEN DAYS AFTER THE AGENCY LOCATES THE OBLIGOR.
(C) AN ADVANCE NOTICE TO AN OBLIGOR REQUIRED BY THIS 16,409
373
SECTION SHALL CONTAIN ALL OF THE FOLLOWING:
(1) A STATEMENT OF THE DATE ON WHICH THE ADVANCE NOTICE IS 16,411
SENT, A STATEMENT THAT THE OBLIGOR IS IN DEFAULT UNDER A SUPPORT 16,412
ORDER, THE AMOUNT OF ARREARAGES OWED BY THE OBLIGOR DUE TO THE 16,413
DEFAULT AS DETERMINED BY THE COURT OR THE CHILD SUPPORT 16,414
ENFORCEMENT AGENCY, THE TYPES OF WITHHOLDING OR DEDUCTION 16,415
REQUIREMENTS AND RELATED NOTICES DESCRIBED IN SECTION 3121.03 OF 16,416
THE REVISED CODE OR THE TYPES OF COURT ORDERS DESCRIBED IN 16,418
SECTIONS 3121.03, 3121.04 TO 3121.08, AND 3121.12 OF THE REVISED 16,419
CODE THAT WILL BE ISSUED TO PAY SUPPORT AND ANY ARREARAGES, AND 16,421
THE AMOUNT THAT WILL BE WITHHELD OR DEDUCTED PURSUANT TO THOSE 16,422
REQUIREMENTS;
(2) A STATEMENT THAT ANY NOTICE FOR THE WITHHOLDING OR 16,424
DEDUCTION OF AN AMOUNT FROM INCOME OR ASSETS APPLY TO ALL CURRENT 16,426
AND SUBSEQUENT PAYORS OF THE OBLIGOR AND FINANCIAL INSTITUTIONS 16,428
IN WHICH THE OBLIGOR HAS AN ACCOUNT AND THAT ANY WITHHOLDING OR 16,429
DEDUCTION REQUIREMENT AND RELATED NOTICE DESCRIBED IN SECTION 16,430
3121.03 OF THE REVISED CODE OR ANY COURT ORDER DESCRIBED IN 16,432
SECTIONS 3121.03, 3121.04 TO 3121.08, AND 3121.12 OF THE REVISED 16,434
CODE THAT IS ISSUED WILL NOT BE DISCONTINUED SOLELY BECAUSE THE 16,436
OBLIGOR PAYS ANY ARREARAGES;
(3) AN EXPLANATION OF THE ADMINISTRATIVE AND COURT ACTION 16,438
THAT WILL TAKE PLACE IF THE OBLIGOR CONTESTS THE INCLUSION OF ANY 16,439
OF THE PROVISIONS; 16,440
(4) A STATEMENT THAT THE CONTENTS OF THE ADVANCE NOTICE 16,442
ARE FINAL AND ARE ENFORCEABLE BY THE COURT UNLESS THE OBLIGOR 16,443
FILES WITH THE CHILD SUPPORT ENFORCEMENT AGENCY, WITHIN SEVEN 16,444
DAYS AFTER THE DATE ON WHICH THE ADVANCE NOTICE IS SENT, A 16,445
WRITTEN REQUEST FOR AN ADMINISTRATIVE HEARING TO DETERMINE 16,446
WHETHER A MISTAKE OF FACT WAS MADE IN THE NOTICE. 16,447
Sec. 3123.031. THE DEPARTMENT OF HUMAN SERVICES SHALL 16,449
ADOPT STANDARD FORMS FOR THE ADVANCE NOTICE. ALL COURTS AND 16,450
CHILD SUPPORT ENFORCEMENT AGENCIES SHALL USE THOSE FORMS, AND THE 16,451
SUPPORT WITHHOLDING AND DEDUCTION NOTICE FORMS ADOPTED UNDER 16,452
374
SECTION 3121.0311 OF THE REVISED CODE, IN COMPLYING WITH THIS 16,453
CHAPTER.
Sec. 3123.04. IF THE OBLIGOR REQUESTS A HEARING REGARDING 16,455
THE ADVANCE NOTICE IN ACCORDANCE WITH DIVISION (C)(4) OF SECTION 16,457
3123.03 OF THE REVISED CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY
SHALL CONDUCT AN ADMINISTRATIVE HEARING NO LATER THAN TEN DAYS 16,458
AFTER THE DATE ON WHICH THE OBLIGOR FILES THE REQUEST FOR THE 16,459
HEARING. NO LATER THAN FIVE DAYS BEFORE THE DATE ON WHICH THE 16,460
HEARING IS TO BE CONDUCTED, THE AGENCY SHALL SEND THE OBLIGOR AND 16,461
THE OBLIGEE WRITTEN NOTICE OF THE DATE, TIME, PLACE, AND PURPOSE 16,462
OF THE HEARING. THE NOTICE TO THE OBLIGOR AND OBLIGEE ALSO SHALL 16,463
INDICATE THAT THE OBLIGOR MAY PRESENT TESTIMONY AND EVIDENCE AT 16,464
THE HEARING ONLY IN REGARD TO THE ISSUE OF WHETHER A MISTAKE OF 16,465
FACT WAS MADE IN THE ADVANCE NOTICE. 16,466
AT THE HEARING, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL 16,468
DETERMINE WHETHER A MISTAKE OF FACT WAS MADE IN THE ADVANCE 16,469
NOTICE. IF IT DETERMINES THAT A MISTAKE OF FACT WAS MADE, THE 16,470
AGENCY SHALL DETERMINE THE PROVISIONS THAT SHOULD BE CHANGED AND 16,471
INCLUDED IN A CORRECTED NOTICE AND SHALL CORRECT THE ADVANCE 16,472
NOTICE ACCORDINGLY. THE AGENCY SHALL SEND ITS DETERMINATIONS TO 16,473
THE OBLIGOR. THE AGENCY'S DETERMINATIONS ARE FINAL AND ARE 16,474
ENFORCEABLE BY THE COURT UNLESS, WITHIN SEVEN DAYS AFTER THE 16,475
AGENCY MAKES ITS DETERMINATIONS, THE OBLIGOR FILES A WRITTEN 16,476
MOTION WITH THE COURT FOR A COURT HEARING TO DETERMINE WHETHER A 16,477
MISTAKE OF FACT STILL EXISTS IN THE ADVANCE NOTICE OR CORRECTED 16,478
ADVANCE NOTICE. 16,479
Sec. 3123.05. IF, WITHIN SEVEN DAYS AFTER THE AGENCY MAKES 16,481
ITS DETERMINATIONS UNDER SECTION 3123.04 OF THE REVISED CODE, THE 16,482
OBLIGOR FILES A WRITTEN MOTION FOR A COURT HEARING TO DETERMINE 16,483
WHETHER A MISTAKE OF FACT STILL EXISTS IN THE ADVANCE NOTICE OR 16,484
THE CORRECTED ADVANCE NOTICE, THE COURT SHALL HOLD A HEARING ON 16,485
THE REQUEST AS SOON AS POSSIBLE, BUT NO LATER THAN TEN DAYS, 16,486
AFTER THE REQUEST IS FILED. IF THE OBLIGOR REQUESTS A COURT 16,487
HEARING, NO LATER THAN FIVE DAYS BEFORE THE DATE ON WHICH THE 16,488
375
COURT HEARING IS TO BE HELD, THE COURT SHALL SEND THE OBLIGOR AND 16,489
THE OBLIGEE WRITTEN NOTICE BY REGULAR MAIL OF THE DATE, TIME, 16,490
PLACE, AND PURPOSE OF THE COURT HEARING. THE HEARING SHALL BE 16,491
LIMITED TO A DETERMINATION OF WHETHER THERE IS A MISTAKE OF FACT 16,492
IN THE ADVANCE NOTICE OR THE CORRECTED ADVANCE NOTICE. 16,493
IF, AT A HEARING CONDUCTED UNDER THIS SECTION, THE COURT 16,495
DETECTS A MISTAKE OF FACT IN THE ADVANCE NOTICE OR THE CORRECTED 16,496
ADVANCE NOTICE, IT SHALL IMMEDIATELY CORRECT THE NOTICE. 16,497
Sec. 3123.06. ON EXHAUSTION OF ALL RIGHTS OF THE OBLIGOR 16,499
TO CONTEST THE WITHHOLDING OR DEDUCTION ON THE BASIS OF A MISTAKE 16,500
OF FACT AND NO LATER THAN THE EXPIRATION OF FORTY-FIVE DAYS AFTER 16,501
THE ISSUANCE OF THE ADVANCE NOTICE UNDER SECTION 3123.03 OF THE 16,502
REVISED CODE, THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY SHALL 16,503
ISSUE ONE OR MORE NOTICES REQUIRING WITHHOLDING OR DEDUCTION OF 16,504
INCOME OR ASSETS OF THE OBLIGOR IN ACCORDANCE WITH SECTION 16,506
3121.03 OF THE REVISED CODE, OR THE COURT SHALL ISSUE ONE OR MORE 16,507
COURT ORDERS IMPOSING OTHER APPROPRIATE REQUIREMENTS IN
ACCORDANCE WITH SECTIONS 3121.03, 3121.035, 3121.04 TO 3121.08, 16,508
AND 3121.12 OF THE REVISED CODE. 16,509
Sec. 3123.061. WHEN A SUPPORT ORDER HAS BEEN ISSUED, THE 16,511
CHILD SUPPORT ENFORCEMENT AGENCY SHALL INITIATE SUPPORT 16,512
WITHHOLDING WHEN THE ORDER IS IN DEFAULT. 16,513
Sec. 3123.062. THE FAILURE OF THE COURT OR AGENCY TO GIVE 16,515
THE NOTICE REQUIRED BY SECTION 3123.06 OF THE REVISED CODE DOES 16,516
NOT AFFECT THE ABILITY OF ANY COURT TO ISSUE ANY NOTICE OR ORDER 16,517
FOR THE PAYMENT OF SUPPORT, DOES NOT PROVIDE ANY DEFENSE TO ANY 16,518
NOTICE OR ORDER FOR THE PAYMENT OF SUPPORT, AND DOES NOT AFFECT
ANY OBLIGATION TO PAY SUPPORT. 16,519
Sec. 3123.07. IF AN ORDER IN DEFAULT IS A COURT SUPPORT 16,521
ORDER ISSUED PRIOR TO DECEMBER 31, 1993, OR AN ADMINISTRATIVE 16,522
CHILD SUPPORT ORDER, THE COURT THAT ISSUED THE ORDER, OR IN THE 16,523
CASE OF AN ADMINISTRATIVE CHILD SUPPORT ORDER, THE COMMON PLEAS 16,524
COURT OF THE COUNTY OF THE AGENCY THAT ISSUED THE ORDER, SHALL 16,525
REISSUE THE ORDER AND INCLUDE IN THE REISSUED SUPPORT ORDER A 16,526
376
GENERAL PROVISION AS DESCRIBED IN SECTION 3123.071 OF THE REVISED 16,527
CODE REQUIRING THE WITHHOLDING OR DEDUCTION OF INCOME OR ASSETS 16,528
OF THE OBLIGOR IN ACCORDANCE WITH SECTION 3121.03 OF THE REVISED 16,530
CODE OR REQUIRING THE ISSUANCE OF A COURT ORDER CONTAINING 16,531
ANOTHER TYPE OF APPROPRIATE REQUIREMENT IN ACCORDANCE WITH 16,532
SECTION 3121.03, 3121.04, 3121.05, 3121.06, OR 3121.12 OF THE 16,533
REVISED CODE TO ENSURE THAT WITHHOLDING OR DEDUCTION FROM THE 16,534
INCOME OR ASSETS IS AVAILABLE FOR THE COLLECTION OF CURRENT 16,535
SUPPORT AND ANY ARREARAGES THAT OCCUR. IF THE SUPPORT WAS 16,536
ORDERED PURSUANT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER THAT 16,538
INCLUDES A GENERAL PROVISION SIMILAR TO THE ONE DESCRIBED IN 16,539
SECTION 3123.071 OF THE REVISED CODE, THE COURT SHALL REPLACE THE 16,540
SIMILAR GENERAL PROVISION WITH THE GENERAL PROVISION DESCRIBED IN 16,541
THAT SECTION. EXCEPT FOR THE INCLUSION OR REPLACEMENT OF THE 16,542
GENERAL PROVISION, THE PROVISIONS OF THE REISSUED ORDER SHALL BE 16,543
IDENTICAL TO THOSE OF THE SUPPORT ORDER UNDER WHICH THERE HAS 16,544
BEEN A DEFAULT.
Sec. 3123.071. THE GENERAL PROVISION FOR THE WITHHOLDING 16,547
OR DEDUCTION OF INCOME OR ASSETS TO BE INCLUDED IN A REISSUED 16,548
SUPPORT ORDER SPECIFICALLY SHALL INCLUDE THE FOLLOWING STATEMENT: 16,549
"ALL SUPPORT UNDER THIS ORDER SHALL BE WITHHELD OR DEDUCTED 16,551
FROM THE INCOME OR ASSETS OF THE OBLIGOR PURSUANT TO A 16,552
WITHHOLDING OR DEDUCTION NOTICE OR APPROPRIATE COURT ORDER ISSUED 16,553
IN ACCORDANCE WITH CHAPTERS 3119., 3121., 3123., AND 3125. OF THE 16,554
REVISED CODE OR A WITHDRAWAL DIRECTIVE ISSUED PURSUANT TO 16,555
SECTIONS 3123.24 TO 3123.38 OF THE REVISED CODE AND SHALL BE 16,556
FORWARDED TO THE OBLIGEE IN ACCORDANCE WITH CHAPTERS 3119., 16,557
3121., 3123., AND 3125. OF THE REVISED CODE." 16,558
Sec. 3123.10. IF ANY OF THE FOLLOWING OCCURS, THE COURT 16,560
SHALL NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY: 16,561
(A) THE COURT IS REQUIRED TO ISSUE A WITHHOLDING OR 16,563
DEDUCTION NOTICE UNDER SECTION 3121.03 OF THE REVISED CODE OR TO 16,564
ISSUE A COURT ORDER DESCRIBED IN DIVISION (C) OR (D) OF THAT 16,566
SECTION AND FAILS TO DO SO. 16,567
377
(B) THE COURT ISSUED AN ORDER UNDER DIVISION (B)(1) OF 16,569
FORMER SECTION 3113.21 OF THE REVISED CODE, AS IT EXISTED 16,570
IMMEDIATELY PRECEDING DECEMBER 1, 1986, OR ISSUES A WITHHOLDING 16,572
OR DEDUCTION NOTICE UNDER SECTION 3121.03 OF THE REVISED CODE OR 16,573
ISSUES A COURT ORDER DESCRIBED IN DIVISION (C) OR (D) OF THAT 16,574
SECTION AND THE COURT DETERMINES THAT THE ORDER OR WITHHOLDING OR 16,575
DEDUCTION NOTICE WILL NOT ENSURE PAYMENT OF THE SUPPORT DUE UNDER 16,576
THE CHILD SUPPORT ORDER. 16,577
(C) THE OBLIGOR FAILS AFTER THE ISSUANCE OF A NOTICE OR 16,579
COURT ORDER UNDER SECTION 3121.03 OF THE REVISED CODE TO COMPLY 16,580
WITH THE NOTICE OR COURT ORDER.
Sec. 3123.11. ON RECEIPT OF NOTICE UNDER SECTION 3123.10 16,582
OF THE REVISED CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL 16,584
NOTIFY THE OBLIGEE OF THE DEFAULT, OF THE OBLIGEE'S RIGHTS AND 16,585
REMEDIES, AND THAT THE AGENCY IS RESPONSIBLE FOR ENFORCING 16,586
SUPPORT ORDERS UNDER SECTION 3125.11 OF THE REVISED CODE, TITLE 16,587
IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42 16,589
U.S.C. 651 ET SEQ., AS AMENDED, AND CHAPTER 3125. OF THE REVISED 16,590
CODE. THE NOTICE SHALL CONTAIN A PRINTED EXPLANATION OF THE 16,591
PROVISIONS OF THE REVISED CODE GOVERNING THE OBLIGEE'S RIGHTS AND
REMEDIES. 16,592
Sec. 3123.12. NO CHILD SUPPORT ENFORCEMENT AGENCY, SOLELY 16,594
BECAUSE THE SUPPORT DUE UNDER A SUPPORT ORDER HAS NOT BEEN PAID 16,595
OR HAS NOT BEEN PAID PERIODICALLY OR RECENTLY, SHALL CONSIDER, 16,596
LIST, OR OTHERWISE ADMINISTER THE SUPPORT ORDER OR THE CASE 16,597
PERTAINING TO IT AS IF EITHER WERE CLOSED OR CLOSE THE FILES OR 16,598
THE CASE PERTAINING TO THE SUPPORT ORDER. 16,599
Sec. 3123.121. THE DEPARTMENT OF HUMAN SERVICES SHALL 16,602
ADOPT, REVISE, OR AMEND RULES UNDER CHAPTER 119. OF THE REVISED 16,603
CODE TO ASSIST IN THE IMPLEMENTATION OF SECTION 3123.12 OF THE 16,604
REVISED CODE.
Sec. 3123.13. NO WITHHOLDING OR DEDUCTION NOTICE OR OTHER 16,606
APPROPRIATE ORDER DESCRIBED IN SECTION 3121.03 OF THE REVISED 16,607
CODE AND ISSUED UNDER THE REVISED CODE SHALL BE TERMINATED SOLELY 16,609
378
BECAUSE THE OBLIGOR PAYS ANY PART OR ALL OF THE ARREARAGES UNDER 16,610
THE SUPPORT ORDER.
Sec. 3123.14. IF A CHILD SUPPORT ORDER IS TERMINATED FOR 16,612
ANY REASON, THE OBLIGOR UNDER THE CHILD SUPPORT ORDER IS OR WAS 16,613
AT ANY TIME IN DEFAULT UNDER THE SUPPORT ORDER AND, AFTER THE 16,614
TERMINATION OF THE ORDER, THE OBLIGOR OWES AN ARREARAGE UNDER THE 16,615
ORDER, THE OBLIGEE MAY MAKE APPLICATION TO THE CHILD SUPPORT 16,616
ENFORCEMENT AGENCY THAT ADMINISTERED THE CHILD SUPPORT ORDER 16,617
PRIOR TO ITS TERMINATION OR HAD AUTHORITY TO ADMINISTER THE CHILD 16,618
SUPPORT ORDER TO MAINTAIN ANY ACTION OR PROCEEDING ON BEHALF OF 16,619
THE OBLIGEE TO OBTAIN A JUDGMENT, EXECUTION OF A JUDGMENT THROUGH 16,621
ANY AVAILABLE PROCEDURE, AN ORDER, OR OTHER RELIEF. IF A 16,622
WITHHOLDING OR DEDUCTION NOTICE IS ISSUED PURSUANT TO SECTION 16,624
3121.03 OF THE REVISED CODE TO COLLECT AN ARREARAGE, THE AMOUNT 16,625
WITHHELD OR DEDUCTED FROM THE OBLIGOR'S PERSONAL EARNINGS, 16,626
INCOME, OR ACCOUNTS SHALL BE AT LEAST EQUAL TO THE AMOUNT THAT 16,627
WAS WITHHELD OR DEDUCTED UNDER THE TERMINATED CHILD SUPPORT
ORDER.
Sec. 3123.15. AN ACTION OR PROCEEDING ON BEHALF OF THE 16,629
OBLIGEE SHALL BE COMMENCED BY THE AGENCY AS REQUIRED BY SECTION 16,630
3123.14 OF THE REVISED CODE WITHIN TWENTY DAYS AFTER COMPLETION 16,631
OF AN APPLICATION BY THE OBLIGEE. 16,632
Sec. 2301.39 3123.16. (A) Any order issued under section 16,642
2301.37 or 2301.38 3123.14 of the Revised Code shall be payable 16,644
at least monthly.
(B) No employer shall discharge an employee for reason of 16,646
any order issued under section 2301.37, 2301.38, or 3113.21 of 16,647
the Revised Code.
Sec. 3113.219 3123.17. (A) On or after July 1, 1992, when 16,657
WHEN a court issues or modifies a COURT support order under 16,658
Chapter 3115. or section 2151.23, 2151.231, 2151.232, 2151.33, 16,659
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 16,660
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code or in 16,661
any proceeding in which a court determines the amount of support 16,662
379
to be paid pursuant to a support order, the court shall determine 16,663
the date the obligor failed to pay the support required under the 16,664
support order and the amount of support the obligor failed to 16,665
pay. If FOLLOWING:
(1) WHETHER THE OBLIGOR IS IN DEFAULT UNDER A PRIOR COURT 16,667
SUPPORT ORDER OR THE COURT SUPPORT ORDER BEING MODIFIED; 16,668
(2) IF THE OBLIGOR IS IN DEFAULT, THE DATE THE COURT 16,670
SUPPORT ORDER WENT INTO DEFAULT AND THE AMOUNT OF SUPPORT 16,672
ARREARAGES OWED PURSUANT TO THE DEFAULT.
IF the court determines the obligor has failed at any time 16,675
to comply with IS IN DEFAULT UNDER a support order, the court 16,676
shall issue a new order requiring the obligor to pay support. If 16,677
the court determines that the failure to pay DEFAULT was willful, 16,679
the court shall assess interest on the ARREARAGE amount of 16,680
support the obligor failed to pay from the date the court 16,682
specifies as the original date the obligor failed to comply with 16,683
the order requiring the payment of support OF DEFAULT to the date 16,684
the court issues the new order requiring the payment of support 16,686
and shall compute the interest at the rate specified in division 16,687
(A) of section 1343.03 of the Revised Code. The court shall 16,688
specify in the support order the amount of interest the court 16,689
assessed against the obligor and incorporate the amount of 16,690
interest into the new monthly payment plan.
(B) On or after July 1, 1992, when WHEN a court issues or 16,692
modifies a COURT support order under Chapter 3115. or section 16,693
2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 16,695
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 16,696
of the Revised Code or in any proceeding in which a court 16,697
determines the amount of support to be paid pursuant to a support 16,698
order, the court may include in the support order a statement 16,699
ordering either party to pay the costs of the action, including, 16,700
but not limited to, attorney's fees, fees for genetic tests in 16,701
contested actions under sections 3111.01 to 3111.19 3111.18 of 16,702
the Revised Code, and court costs. 16,703
380
Sec. 3113.2110 3123.18. Whenever an obligor fails to make 16,712
any payment required by a child support order, the obligee or a 16,714
child support enforcement agency acting on behalf of the obligee 16,715
may bring an action in the court of common pleas that issued the 16,716
support order to obtain a judgment on the unpaid amount. Any
judgment obtained under this section may be enforced in the same 16,717
manner as any other judgment of a court of this state. 16,718
Sec. 3123.19. IF CHILD SUPPORT ARREARAGES ARE OWED BY AN 16,720
OBLIGOR TO THE OBLIGEE AND TO THE DEPARTMENT OF HUMAN SERVICES, 16,721
ANY PAYMENTS RECEIVED ON THE ARREARAGES BY THE OFFICE OF CHILD 16,722
SUPPORT SHALL BE PAID IN ACCORDANCE WITH TITLE IV-D OF THE 16,724
"SOCIAL SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 651 ET SEQ., AS 16,725
AMENDED, AND RULES ADOPTED BY THE DEPARTMENT OF HUMAN SERVICES. 16,726
IF AN OBLIGOR IS IN DEFAULT UNDER A SUPPORT ORDER AND HAS A 16,729
CLAIM AGAINST ANOTHER PERSON OF MORE THAN ONE THOUSAND DOLLARS, 16,730
THE OBLIGOR SHALL NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY OF 16,731
THE CLAIM, THE NATURE OF THE CLAIM, AND THE NAME OF THE PERSON 16,732
AGAINST WHOM THE CLAIM EXISTS. IF AN OBLIGOR IS IN DEFAULT UNDER 16,733
A SUPPORT ORDER AND HAS A CLAIM AGAINST ANOTHER PERSON OR IS A 16,734
PARTY IN AN ACTION FOR ANY JUDGMENT, THE CHILD SUPPORT 16,735
ENFORCEMENT AGENCY OR THE AGENCY'S ATTORNEY, ON BEHALF OF THE 16,736
OBLIGOR, IMMEDIATELY SHALL FILE WITH THE COURT IN WHICH THE
ACTION IS PENDING A MOTION TO INTERVENE IN THE ACTION OR A 16,737
CREDITOR'S BILL. THE MOTION TO INTERVENE SHALL BE PREPARED AND 16,738
FILED PURSUANT TO CIVIL RULES 5 AND 24(A) AND (C). 16,740
NOTHING IN THIS DIVISION SHALL PRECLUDE AN OBLIGEE FROM 16,742
FILING A MOTION TO INTERVENE IN ANY ACTION OR A CREDITOR'S BILL. 16,743
Sec. 3123.20. NO EMPLOYER SHALL DISCHARGE AN EMPLOYEE FOR 16,745
REASON OF ANY ORDER ISSUED UNDER THE REVISED CODE TO COLLECT 16,746
SUPPORT DUE FROM THE EMPLOYEE UNDER A SUPPORT ORDER. 16,747
Sec. 3123.21. A WITHHOLDING OR DEDUCTION NOTICE DESCRIBED 16,749
IN SECTION 3121.03 OF THE REVISED CODE OR AN ORDER TO COLLECT 16,750
CURRENT SUPPORT DUE UNDER A SUPPORT ORDER AND ANY ARREARAGE OWED 16,751
BY THE OBLIGOR UNDER A SUPPORT ORDER PERTAINING TO THE SAME CHILD 16,752
381
OR SPOUSE SHALL REQUIRE THAT THE ARREARAGE AMOUNT COLLECTED WITH
EACH PAYMENT OF CURRENT SUPPORT EQUAL AT LEAST TWENTY PER CENT OF 16,753
THE CURRENT SUPPORT PAYMENT UNLESS, FOR GOOD CAUSE SHOWN, A 16,754
LESSER ARREARAGE AMOUNT IS REQUIRED TO BE COLLECTED. 16,755
Sec. 3123.22. IF AN OBLIGOR IS PAYING OFF AN ARREARAGE 16,757
OWED UNDER A SUPPORT ORDER PURSUANT TO A WITHHOLDING OR DEDUCTION 16,758
NOTICE OR ORDER ISSUED UNDER SECTION 3121.03 OF THE REVISED CODE, 16,759
A SUPPORT ORDER NEWLY ISSUED OR MODIFIED, OR ANY OTHER ORDER 16,761
ISSUED TO COLLECT THE ARREARAGE, THE CHILD SUPPORT ENFORCEMENT 16,762
AGENCY ADMINISTERING THE NOTICE OR ORDER MAY ALSO DO THE
FOLLOWING TO COLLECT ANY ARREARAGE AMOUNT THAT HAS NOT YET BEEN 16,763
COLLECTED UNDER THE NOTICE OR ORDER: 16,764
(A) ISSUE ONE OR MORE WITHHOLDING OR DEDUCTION NOTICES 16,766
UNDER SECTION 3121.03 OF THE REVISED CODE; 16,767
(B) COLLECT PURSUANT TO SECTION 3121.12 OF THE REVISED 16,769
CODE A LUMP SUM PAYMENT OWED TO THE OBLIGOR; 16,770
(C) COLLECT PURSUANT TO SECTIONS 3123.81 TO 3123.823 OF 16,772
THE REVISED CODE ANY FEDERAL OR STATE INCOME TAX REFUND OWED TO 16,773
THE OBLIGOR;
(D) ISSUE A WITHDRAWAL DIRECTIVE PURSUANT TO SECTIONS 16,775
3123.24 TO 3123.38 OF THE REVISED CODE; 16,776
(E) OBTAIN ADMINISTRATIVE OFFSET PURSUANT TO SECTION 16,778
3123.85 OF THE REVISED CODE. 16,779
Sec. 3123.24. FOR THE PURPOSES OF SECTIONS 3123.24 TO 16,781
3123.38 OF THE REVISED CODE, "ACCESS RESTRICTION" MEANS THAT 16,782
FUNDS MAY NOT BE WITHDRAWN OR TRANSFERRED.
Sec. 3123.25. (A) IF, AS A RESULT OF INFORMATION OBTAINED 16,785
PURSUANT TO AN AGREEMENT UNDER SECTION 3121.74 OF THE REVISED 16,786
CODE, THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN 16,787
SERVICES FINDS OR RECEIVES NOTICE THAT IDENTIFIES AN OBLIGOR IN 16,788
DEFAULT WHO MAINTAINS AN ACCOUNT WITH A FINANCIAL INSTITUTION, 16,789
THE OFFICE SHALL, WITHIN ONE BUSINESS DAY, ENTER THE INFORMATION 16,790
INTO THE CASE REGISTRY ESTABLISHED PURSUANT TO SECTION 3121.81 OF 16,791
THE REVISED CODE.
382
(B) A DEFAULT NOTICE AS DESCRIBED IN SECTION 3123.03 OF 16,793
THE REVISED CODE SHALL BE SENT TO THE OBLIGOR PRIOR TO ANY NOTICE 16,795
OF ACCESS RESTRICTION TO ANY FINANCIAL INSTITUTION, AND THE 16,796
PROCESS OF ADMINISTRATIVE AND COURT HEARINGS AS CONTAINED IN 16,797
SECTION 3123.05 OF THE REVISED CODE SHALL BE EXHAUSTED PRIOR TO 16,798
ANY ACCESS RESTRICTION NOTICE OR WITHHOLDING ACTION ON THE BASIS 16,799
OF SECTIONS 2123.29 TO 2123.38 OF THE REVISED CODE OR SECTIONS 16,800
3121.74 TO 3121.78 OF THE REVISED CODE. 16,801
Sec. 3123.26. A FINANCIAL INSTITUTION THAT LEARNS, 16,803
PURSUANT TO AN AGREEMENT UNDER SECTION 3121.74 OF THE REVISED 16,805
CODE, THAT AN OBLIGOR IN DEFAULT MAINTAINS AN ACCOUNT WITH THE 16,806
FINANCIAL INSTITUTION SHALL PROMPTLY PLACE AN ACCESS RESTRICTION 16,807
ON THE ACCOUNT UPON RECEIPT OF THE ACCESS RESTRICTION NOTICE FROM 16,808
THE CHILD SUPPORT ENFORCEMENT AGENCY. THE ACCESS RESTRICTION 16,809
SHALL REMAIN ON THE ACCOUNT UNTIL THE FINANCIAL INSTITUTION 16,811
COMPLIES WITH A WITHDRAWAL DIRECTIVE UNDER SECTION 3123.37 OF THE 16,812
REVISED CODE OR A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY
ORDERS THE FINANCIAL INSTITUTION TO REMOVE THE ACCESS 16,814
RESTRICTION. A COPY OF THE ACCESS RESTRICTION SHALL BE SENT TO 16,815
THE OBLIGOR AT THE SAME TIME IT IS SENT TO THE FINANCIAL 16,816
INSTITUTION.
Sec. 3123.27. THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL, 16,818
NO LATER THAN FIVE BUSINESS DAYS AFTER INFORMATION IS ENTERED 16,819
INTO THE CASE REGISTRY UNDER SECTION 3123.25 OF THE REVISED CODE, 16,820
INVESTIGATE AND DETERMINE THE AMOUNT OF FUNDS IN THE ACCOUNT THAT 16,822
IS AVAILABLE TO SATISFY THE OBLIGOR'S ARREARAGES UNDER A SUPPORT
ORDER. THE FINANCIAL INSTITUTION SHALL COOPERATE WITH THE 16,823
AGENCY'S INVESTIGATION. 16,824
Sec. 3123.28. IF A CHILD SUPPORT ENFORCEMENT AGENCY THAT 16,826
COMPLETES AN ACCOUNT INVESTIGATION DOES NOT FIND THAT ANY PERSON 16,827
OTHER THAN THE OBLIGOR HAS AN OWNERSHIP INTEREST IN THE ACCOUNT, 16,828
IT SHALL ISSUE A WITHDRAWAL DIRECTIVE PURSUANT TO SECTION 3123.37 16,829
OF THE REVISED CODE.
Sec. 3123.29. IF A CHILD SUPPORT ENFORCEMENT AGENCY FINDS 16,831
383
THAT A PERSON OTHER THAN AN OBLIGOR HAS AN OWNERSHIP INTEREST IN 16,833
AN ACCOUNT, THE AGENCY SHALL SEND WRITTEN NOTICE BY FIRST-CLASS 16,834
MAIL TO THAT PERSON AT AN ADDRESS FOR THAT PERSON CONTAINED IN 16,835
RECORDS OF THE FINANCIAL INSTITUTION, EXCEPT THAT IF THE ADDRESS 16,836
OF THAT PERSON IS NOT CONTAINED IN RECORDS OF THE FINANCIAL 16,837
INSTITUTION, THE AGENCY SHALL SEND THE NOTICE TO THAT PERSON IN 16,838
CARE OF ANOTHER PERSON WHOSE ADDRESS IS CONTAINED IN RECORDS OF 16,839
THE FINANCIAL INSTITUTION CONCERNING THE ACCOUNT. 16,840
Sec. 3123.30. THE NOTICE SENT UNDER SECTION 3123.29 OF THE 16,842
REVISED CODE SHALL CONTAIN BOTH OF THE FOLLOWING: 16,843
(A) A STATEMENT OF THE DATE THE NOTICE IS SENT, THAT 16,846
ANOTHER OF THE ACCOUNT HOLDERS IS AN OBLIGOR UNDER A SUPPORT
ORDER, THE NAME OF THE OBLIGOR, THAT THE SUPPORT ORDER IS IN 16,847
DEFAULT, THE AMOUNT OF THE ARREARAGE OWED BY THE OBLIGOR AS 16,848
DETERMINED BY THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY, THE 16,849
AMOUNT THAT WILL BE WITHDRAWN, THE TYPE OF ACCOUNT FROM WHICH THE 16,851
AMOUNT WILL BE WITHDRAWN, AND THE NAME OF THE FINANCIAL
INSTITUTION FROM WHICH THE AMOUNT WILL BE WITHDRAWN; 16,852
(B) A STATEMENT THAT THE PERSON MAY OBJECT TO THE 16,854
WITHDRAWAL BY FILING WITH THE AGENCY, NO LATER THAN TEN DAYS 16,855
AFTER THE DATE ON WHICH THE NOTICE IS SENT, A WRITTEN REQUEST FOR 16,857
AN ADMINISTRATIVE HEARING TO DETERMINE WHETHER ANY AMOUNT
CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON TO WHOM 16,858
THE NOTICE IS SENT AND SHOULD NOT BE SUBJECT TO THE WITHDRAWAL 16,859
DIRECTIVE. 16,860
Sec. 3123.31. THE PERSON TO WHOM NOTICE IS SENT UNDER 16,862
SECTION 3123.29 OF THE REVISED CODE SHALL HAVE TEN DAYS FROM THE 16,863
DATE THE NOTICE IS SENT TO OBJECT TO THE WITHDRAWAL BY FILING 16,865
WITH THE CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT THE NOTICE A
WRITTEN REQUEST FOR AN ADMINISTRATIVE HEARING TO DETERMINE 16,867
WHETHER ANY AMOUNT CONTAINED IN THE ACCOUNT IS THE PROPERTY OF 16,868
THAT PERSON AND SHOULD NOT BE SUBJECT TO THE WITHDRAWAL 16,869
DIRECTIVE.
Sec. 3123.32. IF A PERSON TO WHOM A NOTICE IS SENT UNDER 16,871
384
SECTION 3123.29 OF THE REVISED CODE FAILS TO FILE A TIMELY 16,872
REQUEST FOR AN ADMINISTRATIVE HEARING, THE CHILD SUPPORT 16,873
ENFORCEMENT AGENCY THAT SENT THE NOTICE SHALL SEND A WITHDRAWAL
DIRECTIVE TO THE FINANCIAL INSTITUTION PURSUANT TO SECTION 16,874
3123.37 OF THE REVISED CODE. A COPY OF THIS NOTICE SHALL BE SENT 16,875
TO THE OBLIGOR.
Sec. 3123.33. IF A PERSON WHO RECEIVED NOTICE UNDER 16,877
SECTION 3123.29 OF THE REVISED CODE REQUESTS IT, THE CHILD 16,878
SUPPORT ENFORCEMENT AGENCY THAT SENT THE NOTICE SHALL CONDUCT AN 16,879
ADMINISTRATIVE HEARING NO LATER THAN TEN DAYS AFTER THE DATE THE 16,881
PERSON FILES THE REQUEST FOR THE HEARING. NO LATER THAN FIVE 16,882
DAYS BEFORE THE DATE THE HEARING IS TO BE CONDUCTED, THE AGENCY 16,883
SHALL SEND THE PERSON WRITTEN NOTICE OF THE DATE, TIME, PLACE, 16,884
AND PURPOSE OF THE HEARING. 16,885
AT THE HEARING, THE AGENCY SHALL DETERMINE WHETHER ANY 16,887
AMOUNT CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON WHO 16,889
FILED THE OBJECTION. THE PERSON MAY PRESENT TESTIMONY AND
EVIDENCE AT THE HEARING ONLY IN REGARD TO THE ISSUE OF WHETHER 16,890
AND HOW MUCH, IF ANY, OF THE AMOUNT CONTAINED IN THE ACCOUNT IS 16,891
THE PROPERTY OF THE PERSON AND SHOULD NOT BE SUBJECT TO 16,892
WITHDRAWAL DIRECTIVE. IF THE AGENCY DETERMINES THAT ANY AMOUNT 16,893
CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON, THE 16,894
AGENCY SHALL DETERMINE THAT AMOUNT. THE AGENCY SHALL SEND NOTICE 16,895
OF ITS DETERMINATION TO THE PERSON. 16,896
Sec. 3123.34. IF A CHILD SUPPORT ENFORCEMENT AGENCY 16,898
DETERMINES THAT THE TOTAL AMOUNT IN AN ACCOUNT IS THE PROPERTY OF 16,899
A PERSON WHO IS NOT THE OBLIGOR FROM WHOM PAYMENT IS SOUGHT, IT 16,900
SHALL ORDER THE FINANCIAL INSTITUTION TO RELEASE THE ACCESS 16,901
RESTRICTION ON THE ACCOUNT AND SHALL TAKE NO FURTHER ENFORCEMENT 16,902
ACTION ON THE ACCOUNT. A COPY OF THIS NOTICE SHALL BE SENT TO 16,903
THE OBLIGOR. IF THE AGENCY DETERMINES THAT SOME OF THE FUNDS IN 16,904
THE ACCOUNT ARE THE PROPERTY OF THE PERSON, IT SHALL ORDER THE 16,906
FINANCIAL INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON THE 16,907
ACCOUNT IN THAT AMOUNT AND SHALL TAKE NO FURTHER ENFORCEMENT 16,908
385
ACTION ON THOSE FUNDS. A COPY OF THIS NOTICE SHALL BE SENT TO 16,909
THE OBLIGOR. THE AGENCY SHALL ISSUE A WITHDRAWAL DIRECTIVE 16,910
PURSUANT TO SECTION 3123.37 OF THE REVISED CODE FOR THE REMAINING 16,911
FUNDS UNLESS, NO LATER THAN TEN DAYS AFTER THE AGENCY MAKES ITS 16,913
DETERMINATION, THE PERSON FILES A WRITTEN MOTION WITH THE COURT 16,914
OF COMMON PLEAS OF THE COUNTY SERVED BY THE CHILD SUPPORT
ENFORCEMENT AGENCY FOR A HEARING TO DETERMINE WHETHER ANY AMOUNT 16,915
CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON. 16,916
Sec. 3123.35. IF THE PERSON DESCRIBED IN SECTION 3123.34 16,918
OF THE REVISED CODE FILES A TIMELY MOTION WITH THE COURT, THE 16,921
COURT SHALL HOLD A HEARING ON THE REQUEST NO LATER THAN TEN DAYS 16,922
AFTER THE REQUEST IS FILED. NO LATER THAN FIVE DAYS BEFORE THE 16,923
DATE ON WHICH THE HEARING IS TO BE HELD, THE COURT SHALL SEND THE 16,924
PERSON WRITTEN NOTICE BY ORDINARY MAIL OF THE DATE, TIME, PLACE, 16,925
AND PURPOSE OF THE HEARING. THE HEARING SHALL BE LIMITED TO A 16,926
DETERMINATION OF HOW MUCH, IF ANY, OF THE AMOUNT CONTAINED IN THE 16,927
ACCOUNT IS THE PROPERTY OF THE PERSON. 16,929
Sec. 3123.36. IF THE COURT DETERMINES PURSUANT TO A 16,931
HEARING UNDER SECTION 3123.35 OF THE REVISED CODE THAT ALL OF THE 16,932
FUNDS IN THE ACCOUNT ARE THE PROPERTY OF THE PERSON DESCRIBED IN 16,933
SECTION 3123.34 OF THE REVISED CODE, IT SHALL ORDER THE FINANCIAL 16,935
INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON THE ACCOUNT AND 16,936
TO TAKE NO FURTHER ENFORCEMENT ACTION ON THE ACCOUNT. IF THE 16,937
COURT DETERMINES THAT SOME OF THE FUNDS IN THE ACCOUNT ARE THE 16,938
PROPERTY OF THE PERSON, IT SHALL DETERMINE THAT AMOUNT, ORDER THE 16,939
FINANCIAL INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON THE 16,940
ACCOUNT IN THAT AMOUNT, AND ORDER THE AGENCY TO TAKE NO FURTHER 16,941
ENFORCEMENT ACTION ON THOSE FUNDS. IF THE COURT DETERMINES THAT 16,942
ANY OF THE FUNDS IN THE ACCOUNT ARE NOT THE PROPERTY OF THE 16,943
PERSON, IT SHALL ISSUE A WITHDRAWAL DIRECTIVE PURSUANT TO SECTION 16,944
3123.37 OF THE REVISED CODE.
Sec. 3123.37. (A) SUBJECT TO SECTIONS 3123.27 AND 3123.28 16,946
TO 3123.36 OF THE REVISED CODE, AN AGENCY THAT DETERMINES THAT AN 16,948
OBLIGOR HAS FUNDS IN AN ACCOUNT IN A FINANCIAL INSTITUTION SHALL 16,949
386
ISSUE A WITHDRAWAL DIRECTIVE TO THE FINANCIAL INSTITUTION. A 16,950
COPY OF THIS NOTICE SHALL BE SENT TO THE OBLIGOR. THE DIRECTIVE 16,951
SHALL REQUIRE THE FINANCIAL INSTITUTION TO TRANSMIT FUNDS FROM 16,952
THE ACCOUNT TO THE OFFICE OF CHILD SUPPORT.
(B) THE WITHDRAWAL DIRECTIVE SHALL CONTAIN THE FOLLOWING 16,954
INFORMATION: 16,955
(1) THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR 16,958
TAXPAYER IDENTIFICATION NUMBER OF THE OBLIGOR;
(2) A STATEMENT THAT THE OBLIGOR HAS BEEN DETERMINED TO BE 16,961
IN DEFAULT UNDER A SUPPORT ORDER;
(3) THE AMOUNT OF THE ARREARAGE OWED BY THE OBLIGOR AS 16,964
DETERMINED BY THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY; 16,965
(4) THE AMOUNT OF FUNDS THAT ARE TO BE WITHDRAWN FROM THE 16,968
ACCOUNT AND THE TYPE OF ACCOUNT FROM WHICH THE FUNDS ARE TO BE 16,969
WITHDRAWN.
(C) ON RECEIPT OF A WITHDRAWAL DIRECTIVE, A FINANCIAL 16,971
INSTITUTION SHALL WITHDRAW THE AMOUNT SPECIFIED FROM THE ACCOUNT 16,973
DESCRIBED IN THE NOTICE AND PAY IT TO THE OFFICE OF CHILD SUPPORT 16,974
AFTER DEDUCTING A FIVE DOLLAR FEE.
Sec. 3123.38. A FINANCIAL INSTITUTION IS NOT SUBJECT TO 16,977
CRIMINAL OR CIVIL LIABILITY FOR IMPOSING AN ACCESS RESTRICTION ON 16,978
AN ACCOUNT OR COMPLYING WITH A WITHDRAWAL DIRECTIVE PURSUANT TO 16,979
SECTIONS 3123.24 TO 3123.38 OF THE REVISED CODE OR FOR ANY OTHER 16,980
ACTION TAKEN IN GOOD FAITH PURSUANT TO THOSE SECTIONS.
Sec. 3123.41. AS USED IN SECTIONS 3123.41 TO 3123.50 OF 16,982
THE REVISED CODE: 16,983
(A) "BOARD" MEANS ANY ENTITY THAT HAS THE AUTHORITY 16,985
PURSUANT TO TITLE XLVII OF THE REVISED CODE TO ISSUE A LICENSE, 16,986
AND ANY OTHER AGENCY OF THIS STATE, OTHER THAN THE SUPREME COURT, 16,987
THAT HAS THE AUTHORITY TO ISSUE A LICENSE THAT AUTHORIZES AN 16,988
INDIVIDUAL TO ENGAGE IN AN OCCUPATION OR PROFESSION. "BOARD" 16,989
INCLUDES AN ADMINISTRATIVE OFFICER THAT HAS AUTHORITY TO ISSUE A 16,990
LICENSE THAT AUTHORIZES AN INDIVIDUAL TO ENGAGE IN AN OCCUPATION 16,991
OR PROFESSION.
387
(B) "LICENSE" INCLUDES A LICENSE, CERTIFICATE, PERMIT, 16,993
REGISTRATION, OR OTHER AUTHORIZATION TO ENGAGE IN AN OCCUPATION 16,994
OR PROFESSION. 16,995
Sec. 3123.42. IF EITHER OF THE FOLLOWING OCCURS WITH 16,997
RESPECT TO AN INDIVIDUAL WHO IS AN OBLIGOR UNDER A CHILD SUPPORT 16,998
ORDER, THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE 16,999
ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A LICENSE ISSUED 17,000
BY A BOARD OR, IF POSSIBLE, WHETHER THE INDIVIDUAL HAS APPLIED 17,001
FOR, OR IS LIKELY TO APPLY FOR, A LICENSE:
(A) A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY MAKES A 17,003
FINAL AND ENFORCEABLE DETERMINATION UNDER SECTIONS 3123.02 TO 17,004
3123.071 OF THE REVISED CODE THAT THE INDIVIDUAL IS IN DEFAULT 17,005
UNDER THE CHILD SUPPORT ORDER.
(B) THE INDIVIDUAL FAILS, AFTER RECEIVING APPROPRIATE 17,007
NOTICE, TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT 17,008
OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING 17,009
TO ENFORCE THE CHILD SUPPORT ORDER. 17,010
Sec. 3123.43. IF A CHILD SUPPORT ENFORCEMENT AGENCY, 17,012
PURSUANT TO SECTION 3123.42 OF THE REVISED CODE, DETERMINES THAT 17,013
AN INDIVIDUAL IS A LICENSE HOLDER OR HAS APPLIED FOR, OR IS 17,014
LIKELY TO APPLY FOR, A LICENSE, IT SHALL SEND THE NOTICE
DESCRIBED IN SECTION 3123.44 OF THE REVISED CODE TO THE 17,015
INDIVIDUAL. THE AGENCY ALSO MAY SEND A NOTICE TO THE BOARD THAT 17,016
GIVES THE NAME AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING 17,017
NUMBER OF THE INDIVIDUAL AND STATES THAT A COURT OR AGENCY HAS
DETERMINED THAT THE INDIVIDUAL IS IN DEFAULT UNDER A CHILD 17,018
SUPPORT ORDER OR HAS FAILED TO COMPLY WITH A WARRANT OR SUBPOENA 17,019
ISSUED BY A COURT OR AGENCY WITH RESPECT TO A PROCEEDING TO 17,020
ENFORCE A CHILD SUPPORT ORDER.
Sec. 3123.44. NOTICE SHALL BE SENT TO AN INDIVIDUAL 17,022
DESCRIBED IN SECTION 3123.42 OF THE REVISED CODE IN COMPLIANCE 17,023
WITH SECTION 3121.23 OF THE REVISED CODE. THE NOTICE SHALL 17,025
SPECIFY THAT A COURT OR AGENCY HAS DETERMINED THE INDIVIDUAL TO
BE IN DEFAULT UNDER A CHILD SUPPORT ORDER OR THAT THE INDIVIDUAL 17,026
388
IS AN OBLIGOR WHO HAS FAILED TO COMPLY WITH A SUBPOENA OR WARRANT 17,027
ISSUED BY A COURT OR AGENCY WITH RESPECT TO A PROCEEDING TO 17,028
ENFORCE A CHILD SUPPORT ORDER, THAT A NOTICE CONTAINING THE 17,029
INDIVIDUAL'S NAME AND SOCIAL SECURITY NUMBER OR OTHER 17,031
IDENTIFICATION NUMBER MAY BE SENT TO EVERY BOARD THAT HAS 17,032
AUTHORITY TO ISSUE OR HAS ISSUED THE INDIVIDUAL A LICENSE, AND 17,033
THAT, IF THE BOARD RECEIVES THAT NOTICE AND DETERMINES THAT THE 17,034
INDIVIDUAL IS THE INDIVIDUAL NAMED IN THAT NOTICE AND THE BOARD 17,036
HAS NOT RECEIVED NOTICE UNDER SECTION 3123.45 OR 3123.46 OF THE
REVISED CODE, ALL OF THE FOLLOWING WILL OCCUR: 17,037
(A) THE BOARD WILL NOT ISSUE ANY LICENSE TO THE INDIVIDUAL 17,039
OR RENEW ANY LICENSE OF THE INDIVIDUAL. 17,040
(B) THE BOARD WILL SUSPEND ANY LICENSE OF THE INDIVIDUAL 17,042
IF IT DETERMINES THAT THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN 17,043
THE NOTICE SENT TO THE BOARD UNDER SECTION 3123.43 OF THE REVISED 17,044
CODE.
(C) IF THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THE 17,046
NOTICE, THE BOARD WILL NOT ISSUE ANY LICENSE TO THE INDIVIDUAL, 17,048
AND WILL NOT REINSTATE A SUSPENDED LICENSE, UNTIL THE BOARD 17,049
RECEIVES A NOTICE UNDER SECTION 3123.45 OR 3123.46 OF THE REVISED 17,050
CODE.
Sec. 3123.45. A CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT 17,052
A NOTICE TO A BOARD OF AN INDIVIDUAL'S DEFAULT UNDER A CHILD 17,053
SUPPORT ORDER SHALL SEND TO EACH BOARD TO WHICH THE AGENCY SENT 17,054
THE NOTICE A FURTHER NOTICE THAT THE INDIVIDUAL IS NOT IN DEFAULT 17,055
IF IT DETERMINES THAT THE INDIVIDUAL IS NOT IN DEFAULT OR ANY OF 17,057
THE FOLLOWING OCCURS:
(A) THE INDIVIDUAL MAKES FULL PAYMENT TO THE OFFICE OF 17,060
CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR, PURSUANT TO 17,061
SECTIONS 3125.27 TO 3125.30 OF THE REVISED CODE, THE CHILD 17,062
SUPPORT ENFORCEMENT AGENCY OF THE ARREARAGE THAT WAS THE BASIS 17,063
FOR THE COURT OR AGENCY DETERMINATION THAT THE INDIVIDUAL WAS IN 17,064
DEFAULT.
(B) AN APPROPRIATE WITHHOLDING OR DEDUCTION NOTICE OR 17,066
389
OTHER APPROPRIATE ORDER DESCRIBED IN SECTION 3121.03, 3121.04, 17,067
3121.05, 3121.06, OR 3121.12 OF THE REVISED CODE HAS BEEN ISSUED 17,068
TO COLLECT CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE CHILD 17,070
SUPPORT ORDER THAT WAS IN DEFAULT, AND THE INDIVIDUAL IS
COMPLYING WITH THE NOTICE OR ORDER. 17,071
(C) A NEW CHILD SUPPORT ORDER HAS BEEN ISSUED OR THE CHILD 17,073
SUPPORT ORDER THAT WAS IN DEFAULT, HAS BEEN MODIFIED TO COLLECT 17,074
CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE CHILD SUPPORT 17,076
ORDER THAT WAS IN DEFAULT, AND THE INDIVIDUAL IS COMPLYING WITH 17,077
THE NEW OR MODIFIED CHILD SUPPORT ORDER.
THE AGENCY SHALL SEND THE NOTICE UNDER THIS SECTION NOT 17,079
LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THE INDIVIDUAL 17,080
IS NOT IN DEFAULT OR THAT ANY OF THE CIRCUMSTANCES SPECIFIED IN 17,081
THIS SECTION HAS OCCURRED. 17,082
Sec. 3123.46. A CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT 17,084
A NOTICE TO A BOARD OF AN INDIVIDUAL'S FAILURE TO COMPLY WITH A 17,085
WARRANT OR SUBPOENA SHALL SEND TO EACH BOARD TO WHICH THE AGENCY 17,086
SENT THE NOTICE A FURTHER NOTICE THAT THE INDIVIDUAL IS NO LONGER 17,087
OUT OF COMPLIANCE IF THE COURT OR AGENCY THAT ISSUED THE WARRANT 17,088
OR SUBPOENA REMOVES THE WARRANT OR DETERMINES THAT THE OBLIGOR 17,089
HAS COMPLIED WITH THE SUBPOENA. 17,090
THE AGENCY SHALL SEND THE NOTICE UNDER THIS SECTION NOT 17,092
LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF 17,093
THE CIRCUMSTANCES SPECIFIED IN THIS SECTION HAS OCCURRED. 17,094
Sec. 3123.47. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 17,096
3123.43 OF THE REVISED CODE, A BOARD SHALL DETERMINE WHETHER THE 17,097
INDIVIDUAL NAMED IN THE NOTICE HOLDS OR HAS APPLIED FOR A LICENSE 17,098
FROM THE BOARD. IF THE BOARD DETERMINES THAT THE INDIVIDUAL 17,100
HOLDS OR HAS APPLIED FOR A LICENSE AND THE INDIVIDUAL IS THE
INDIVIDUAL NAMED IN THE NOTICE AND DOES NOT RECEIVE A NOTICE 17,102
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 17,103
LICENSE ISSUED TO THE INDIVIDUAL, AND SHALL SUSPEND ANY LICENSE 17,104
ISSUED TO THE INDIVIDUAL.
390
Sec. 3123.471. A BOARD SHALL MAINTAIN A FILE CONTAINING 17,106
EACH NOTICE IT RECEIVES PURSUANT TO SECTION 3123.43 OF THE 17,107
REVISED CODE THAT NAMES AN INDIVIDUAL WHO DOES NOT HOLD A LICENSE 17,108
ISSUED BY THE BOARD. ON RECEIPT OF AN APPLICATION FOR A LICENSE 17,109
FROM SUCH AN INDIVIDUAL, THE BOARD SHALL PROCEED IN ACCORDANCE
WITH SECTION 3123.47 OF THE REVISED CODE. 17,110
Sec. 3123.48. NOT LATER THAN SEVEN DAYS AFTER RECEIPT OF A 17,112
NOTICE PURSUANT TO SECTION 3123.45 OR 3123.46 OF THE REVISED 17,113
CODE, THE BOARD SHALL, IF THE INDIVIDUAL IS OTHERWISE ELIGIBLE 17,114
FOR THE LICENSE AND WANTS THE LICENSE, ISSUE A LICENSE TO OR 17,115
RENEW A LICENSE OF THE INDIVIDUAL, OR IF THE INDIVIDUAL'S LICENSE 17,116
WAS SUSPENDED PURSUANT TO SECTION 3123.47 OF THE REVISED CODE, 17,117
END THE SUSPENSION. THE BOARD MAY CHARGE A FEE OF NOT MORE THAN 17,118
FIFTY DOLLARS TO ISSUE OR RENEW OR END THE SUSPENSION OF A 17,119
LICENSE PURSUANT TO THIS SECTION.
Sec. 3123.49. NOTWITHSTANDING SECTION 119.06 OF THE 17,121
REVISED CODE, A BOARD SHALL NOT HOLD ANY HEARING IN CONNECTION 17,122
WITH AN ORDER REFUSING TO ISSUE OR RENEW A LICENSE FOR, OR 17,123
SUSPENDING A LICENSE OF, AN INDIVIDUAL PURSUANT TO SECTION 17,124
3123.47 OF THE REVISED CODE.
Sec. 3123.50. A BOARD SHALL REQUIRE EACH APPLICATION FOR A 17,126
LICENSE, OR RENEWAL OF A LICENSE, ISSUED BY THE BOARD TO INCLUDE 17,127
THE APPLICANT'S SOCIAL SECURITY NUMBER. 17,128
Sec. 3123.52. PRIOR TO THE DATE THE SUPPORT ENFORCEMENT 17,130
TRACKING SYSTEM IS OPERATIONAL IN ALL THE COUNTIES OF THIS STATE, 17,131
SECTIONS 3123.53 TO 3123.60 OF THE REVISED CODE SHALL APPLY AS 17,132
PROVIDED IN SECTIONS 3123.61 TO 3123.615 OF THE REVISED CODE.
Sec. 3123.53. IF EITHER OF THE FOLLOWING OCCURS WITH 17,134
RESPECT TO AN INDIVIDUAL WHO IS AN OBLIGOR UNDER A CHILD SUPPORT 17,135
ORDER, THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE 17,136
CHILD SUPPORT ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A 17,137
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S 17,138
LICENSE OR ENDORSEMENT, TEMPORARY INSTRUCTION PERMIT, OR
COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT ISSUED BY THE 17,139
391
REGISTRAR OF MOTOR VEHICLES OR A DEPUTY REGISTRAR OR, IF 17,140
POSSIBLE, WHETHER THE INDIVIDUAL HAS APPLIED FOR OR IS LIKELY TO 17,141
APPLY FOR THAT LICENSE, ENDORSEMENT, OR PERMIT:
(A) A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY MAKES A 17,143
FINAL AND ENFORCEABLE DETERMINATION UNDER SECTIONS 3123.02 TO 17,144
3123.071 OF THE REVISED CODE THAT THE INDIVIDUAL IS IN DEFAULT 17,145
UNDER THE CHILD SUPPORT ORDER.
(B) THE INDIVIDUAL FAILS, AFTER RECEIVING APPROPRIATE 17,147
NOTICE, TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT 17,148
OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING 17,149
TO ENFORCE THE CHILD SUPPORT ORDER. 17,150
Sec. 3123.54. IF A CHILD SUPPORT ENFORCEMENT AGENCY, 17,152
PURSUANT TO SECTION 3123.53 OF THE REVISED CODE, DETERMINES THAT 17,153
AN INDIVIDUAL HOLDS A LICENSE, ENDORSEMENT, OR PERMIT OR HAS 17,154
APPLIED FOR, OR IS LIKELY TO APPLY FOR, A LICENSE, ENDORSEMENT,
OR PERMIT, IT SHALL SEND THE NOTICE DESCRIBED IN SECTION 3123.55 17,155
OF THE REVISED CODE TO THE INDIVIDUAL. THE AGENCY ALSO MAY SEND 17,156
A NOTICE TO THE REGISTRAR OF MOTOR VEHICLES THAT GIVES THE NAME 17,157
AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING NUMBER OF THE 17,158
INDIVIDUAL AND STATES THAT A COURT OR AGENCY HAS DETERMINED THAT
THE INDIVIDUAL IS IN DEFAULT UNDER A CHILD SUPPORT ORDER OR HAS 17,159
FAILED TO COMPLY WITH A WARRANT OR SUBPOENA ISSUED BY A COURT OR 17,160
AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT 17,161
ORDER.
Sec. 3123.55. NOTICE SHALL BE SENT TO THE INDIVIDUAL 17,164
DESCRIBED IN SECTION 3123.54 OF THE REVISED CODE IN COMPLIANCE
WITH SECTION 3121.23 OF THE REVISED CODE. THE NOTICE SHALL 17,165
SPECIFY THAT A COURT OR AGENCY HAS DETERMINED THE INDIVIDUAL TO 17,166
BE IN DEFAULT UNDER A CHILD SUPPORT ORDER OR THAT THE INDIVIDUAL 17,167
IS AN OBLIGOR UNDER A CHILD SUPPORT ORDER WHO HAS FAILED TO 17,168
COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY A COURT OR AGENCY 17,170
WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER, 17,171
THAT A NOTICE CONTAINING THE INDIVIDUAL'S NAME AND SOCIAL 17,172
SECURITY NUMBER OR OTHER IDENTIFICATION NUMBER MAY BE SENT TO THE 17,173
392
REGISTRAR OF MOTOR VEHICLES, AND THAT, IF THE REGISTRAR RECEIVES 17,174
THAT NOTICE AND DETERMINES THAT THE INDIVIDUAL IS THE INDIVIDUAL 17,175
NAMED IN THAT NOTICE AND THE REGISTRAR HAS NOT RECEIVED NOTICE 17,176
UNDER SECTION 3123.56 OR 3123.57 OF THE REVISED CODE, ALL OF THE 17,177
FOLLOWING WILL OCCUR:
(A) THE REGISTRAR AND ALL DEPUTY REGISTRARS WILL BE 17,179
PROHIBITED FROM ISSUING TO THE INDIVIDUAL A DRIVER'S OR 17,180
COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR 17,182
ENDORSEMENT, OR TEMPORARY INSTRUCTION PERMIT OR COMMERCIAL 17,183
DRIVER'S TEMPORARY INSTRUCTION PERMIT.
(B) THE REGISTRAR AND ALL DEPUTY REGISTRARS WILL BE 17,185
PROHIBITED FROM RENEWING FOR THE INDIVIDUAL A DRIVER'S OR 17,187
COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR 17,188
ENDORSEMENT, OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT. 17,189
(C) IF THE INDIVIDUAL HOLDS A DRIVER'S OR COMMERCIAL 17,191
DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR ENDORSEMENT, 17,192
OR TEMPORARY INSTRUCTION PERMIT OR COMMERCIAL DRIVER'S TEMPORARY 17,193
INSTRUCTION PERMIT, IT WILL BE SUSPENDED IF THE REGISTRAR 17,194
DETERMINES THAT THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THE 17,195
NOTICE SENT PURSUANT TO SECTION 3123.54 OF THE REVISED CODE. 17,196
(D) IF THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THE 17,198
NOTICE, THE INDIVIDUAL WILL NOT BE ISSUED OR HAVE RENEWED ANY 17,199
LICENSE, ENDORSEMENT, OR PERMIT, AND NO SUSPENSION WILL BE LIFTED 17,200
WITH RESPECT TO ANY LICENSE, ENDORSEMENT, OR PERMIT LISTED IN 17,201
THIS SECTION UNTIL THE REGISTRAR RECEIVES A NOTICE UNDER SECTION 17,202
3123.56 OR 3123.57 OF THE REVISED CODE.
Sec. 3123.56. A CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT 17,204
A NOTICE UNDER SECTION 3123.54 OF THE REVISED CODE OF AN 17,205
INDIVIDUAL'S DEFAULT UNDER A CHILD SUPPORT ORDER SHALL SEND TO 17,206
THE REGISTRAR OF MOTOR VEHICLES A NOTICE THAT THE INDIVIDUAL IS 17,207
NOT IN DEFAULT IF IT DETERMINES THAT THE INDIVIDUAL IS NOT IN 17,208
DEFAULT OR ANY OF THE FOLLOWING OCCURS: 17,209
(A) THE INDIVIDUAL MAKES FULL PAYMENT TO THE OFFICE OF 17,212
CHILD SUPPORT OR, PURSUANT TO SECTIONS 3125.27 TO 3125.30 OF THE
393
REVISED CODE, TO THE CHILD SUPPORT ENFORCEMENT AGENCY OF THE 17,214
ARREARAGE THAT WAS THE BASIS FOR THE COURT OR AGENCY 17,215
DETERMINATION THAT THE INDIVIDUAL WAS IN DEFAULT. 17,216
(B) AN APPROPRIATE WITHHOLDING OR DEDUCTION NOTICE OR 17,218
OTHER APPROPRIATE ORDER DESCRIBED IN SECTION 3121.03, 3121.04, 17,219
3121.05, 3121.06, OR 3121.12 OF THE REVISED CODE HAS BEEN ISSUED 17,220
TO COLLECT CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE CHILD 17,221
SUPPORT ORDER THAT WAS IN DEFAULT, AND THE INDIVIDUAL IS 17,222
COMPLYING WITH THE NOTICE OR ORDER. 17,223
(C) A NEW CHILD SUPPORT ORDER HAS BEEN ISSUED OR THE CHILD 17,226
SUPPORT ORDER THAT WAS IN DEFAULT HAS BEEN MODIFIED TO COLLECT 17,227
CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE CHILD SUPPORT 17,228
ORDER THAT WAS IN DEFAULT, AND THE INDIVIDUAL IS COMPLYING WITH 17,229
THE NEW OR MODIFIED CHILD SUPPORT ORDER. 17,230
THE AGENCY SHALL SEND THE NOTICE UNDER THIS SECTION NOT 17,232
LATER THAN SEVEN DAYS AFTER IT DETERMINES THE INDIVIDUAL IS NOT 17,234
IN DEFAULT OR THAT ANY OF THE CIRCUMSTANCES SPECIFIED IN THIS 17,235
SECTION HAS OCCURRED.
Sec. 3123.57. A CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT 17,237
A NOTICE UNDER SECTION 3123.54 OF THE REVISED CODE OF AN 17,238
INDIVIDUAL'S FAILURE TO COMPLY WITH A WARRANT OR SUBPOENA SHALL 17,239
SEND TO THE REGISTRAR OF MOTOR VEHICLES A NOTICE THAT THE 17,240
INDIVIDUAL IS NO LONGER OUT OF COMPLIANCE IF THE COURT OR AGENCY 17,241
THAT ISSUED THE WARRANT OR SUBPOENA REMOVES THE WARRANT OR 17,242
DETERMINES THAT THE INDIVIDUAL HAS COMPLIED WITH THE SUBPOENA. 17,243
THE AGENCY SHALL SEND THE NOTICE UNDER THIS SECTION NOT 17,245
LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF 17,247
THE CIRCUMSTANCES SPECIFIED IN THIS SECTION HAS OCCURRED. 17,248
Sec. 3123.58. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 17,251
3123.54 OF THE REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES
SHALL DETERMINE WHETHER THE INDIVIDUAL NAMED IN THE NOTICE HOLDS 17,253
OR HAS APPLIED FOR A DRIVER'S LICENSE OR COMMERCIAL DRIVER'S
LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR ENDORSEMENT, OR 17,254
TEMPORARY INSTRUCTION PERMIT OR COMMERCIAL DRIVER'S TEMPORARY 17,255
394
INSTRUCTION PERMIT. IF THE REGISTRAR DETERMINES THAT THE 17,256
INDIVIDUAL HOLDS OR HAS APPLIED FOR A LICENSE, PERMIT, OR 17,257
ENDORSEMENT AND THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THE 17,258
NOTICE AND DOES NOT RECEIVE A NOTICE PURSUANT TO SECTION 3123.56
OR 3123.57 OF THE REVISED CODE, THE REGISTRAR IMMEDIATELY SHALL 17,259
PROVIDE NOTICE OF THE DETERMINATION TO EACH DEPUTY REGISTRAR. 17,261
THE REGISTRAR OR A DEPUTY REGISTRAR MAY NOT ISSUE TO THE 17,262
INDIVIDUAL A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE 17,263
OPERATOR'S LICENSE OR ENDORSEMENT, OR TEMPORARY INSTRUCTION 17,264
PERMIT OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT AND
MAY NOT RENEW FOR THE INDIVIDUAL A DRIVER'S OR COMMERCIAL 17,266
DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR ENDORSEMENT, 17,267
OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT. THE 17,268
REGISTRAR OR A DEPUTY REGISTRAR ALSO SHALL SUSPEND A LICENSE,
PERMIT, OR ENDORSEMENT HELD BY THE INDIVIDUAL. 17,269
Sec. 3123.581. THE REGISTRAR OF MOTOR VEHICLES SHALL 17,271
MAINTAIN A LIST OF NAMES OF INDIVIDUALS IDENTIFIED IN NOTICES 17,273
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, 17,274
MOTORCYCLE OPERATOR'S LICENSE OR ENDORSEMENT, OR TEMPORARY 17,275
INSTRUCTION PERMIT OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION 17,276
PERMIT. THE REGISTRAR SHALL UPDATE THE LIST QUARTERLY AND 17,278
PROVIDE EACH DEPUTY REGISTRAR WITH A COPY. ON RECEIPT OF AN
APPLICATION FOR SUCH A LICENSE, PERMIT, OR ENDORSEMENT FROM AN 17,279
INDIVIDUAL WHO APPEARS ON THE LIST, A DEPUTY REGISTRAR SHALL 17,281
NOTIFY THE REGISTRAR. ON RECEIPT OF AN APPLICATION FOR SUCH A 17,282
LICENSE, PERMIT, OR ENDORSEMENT FROM SUCH AN INDIVIDUAL OR ON
RECEIPT OF A NOTICE FROM A DEPUTY REGISTRAR PURSUANT TO THIS 17,283
SECTION, THE REGISTRAR SHALL PROCEED IN ACCORDANCE WITH SECTION 17,284
3123.58 OF THE REVISED CODE.
Sec. 3123.59. NOT LATER THAN SEVEN DAYS AFTER RECEIPT OF A 17,286
NOTICE PURSUANT TO SECTION 3123.56 OR 3123.57 OF THE REVISED 17,287
CODE, THE REGISTRAR OF MOTOR VEHICLES SHALL NOTIFY EACH DEPUTY 17,288
REGISTRAR OF THE NOTICE. THE REGISTRAR AND EACH DEPUTY REGISTRAR 17,289
395
SHALL THEN, IF THE INDIVIDUAL OTHERWISE IS ELIGIBLE FOR THE 17,290
LICENSE, PERMIT, OR ENDORSEMENT AND WANTS THE LICENSE, PERMIT, OR 17,291
ENDORSEMENT, ISSUE A LICENSE, PERMIT, OR ENDORSEMENT TO, OR RENEW 17,293
A LICENSE, PERMIT, OR ENDORSEMENT OF, THE INDIVIDUAL, OR, IF THE 17,294
INDIVIDUAL'S LICENSE, PERMIT, OR ENDORSEMENT WAS SUSPENDED 17,295
PURSUANT TO SECTION 3123.58 OF THE REVISED CODE, REMOVE THE 17,296
SUSPENSION. ON AND AFTER THE DATE SPECIFIED IN SECTION 3123.52 17,297
OF THE REVISED CODE, THE REGISTRAR OR A DEPUTY REGISTRAR SHALL 17,298
REMOVE, AFTER RECEIPT OF A NOTICE UNDER SECTION 3123.56 OR 17,299
3123.57 OF THE REVISED CODE, A DISQUALIFICATION IMPOSED ON AN
INDIVIDUAL WITH RESPECT TO A COMMERCIAL DRIVER'S LICENSE OR 17,300
COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT PURSUANT TO 17,301
SECTION 3123.611 OF THE REVISED CODE. THE REGISTRAR OR A DEPUTY 17,302
REGISTRAR MAY CHARGE A FEE OF NOT MORE THAN TWENTY-FIVE DOLLARS 17,303
FOR ISSUING OR RENEWING OR REMOVING THE SUSPENSION OF A LICENSE 17,304
OR FOR REMOVING A DISQUALIFICATION PURSUANT TO THIS SECTION. THE
FEES COLLECTED BY THE REGISTRAR PURSUANT TO THIS SECTION SHALL BE 17,306
PAID INTO THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED IN 17,307
SECTION 4501.25 OF THE REVISED CODE.
Sec. 3123.60. NOTWITHSTANDING SECTION 119.06 OF THE 17,309
REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES SHALL NOT HOLD ANY 17,311
HEARING IN CONNECTION WITH AN ORDER REFUSING TO ISSUE OR RENEW A
LICENSE, PERMIT, OR ENDORSEMENT FOR, OR SUSPENDING A LICENSE, 17,312
PERMIT, OR ENDORSEMENT OF, AN INDIVIDUAL PURSUANT TO SECTION 17,313
3123.58 OF THE REVISED CODE.
Sec. 3123.61. PRIOR TO THE DATE SPECIFIED UNDER SECTION 17,315
3123.52 OF THE REVISED CODE, SECTIONS 3123.53 TO 3123.60 OF THE 17,316
REVISED CODE SHALL APPLY ONLY TO COMMERCIAL DRIVER'S LICENSES AND 17,317
COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMITS AND THE
INDIVIDUALS TO WHOM THEY ARE ISSUED. 17,318
Sec. 3123.611. PRIOR TO THE DATE SPECIFIED IN SECTION 17,320
3123.52 OF THE REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES OR A 17,321
DEPUTY REGISTRAR SHALL DO ONLY THE FOLLOWING WITH RESPECT TO AN 17,322
INDIVIDUAL IF THE REGISTRAR MAKES THE DETERMINATION REQUIRED 17,323
396
UNDER SECTION 3123.58 OF THE REVISED CODE AND NO NOTICE IS
RECEIVED CONCERNING THE INDIVIDUAL UNDER SECTION 3123.56 OR 17,324
3123.57 OF THE REVISED CODE:
(A) REFUSE TO ISSUE OR RENEW THE INDIVIDUAL'S COMMERCIAL 17,326
DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION 17,327
PERMIT;
(B) IMPOSE A DISQUALIFICATION AS DEFINED IN SECTION 17,329
4506.01 OF THE REVISED CODE ON THE INDIVIDUAL WITH RESPECT TO A 17,330
COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY 17,331
INSTRUCTION PERMIT.
Sec. 3123.612. PRIOR TO THE DATE SPECIFIED IN SECTION 17,333
3123.52 OF THE REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES OR A 17,334
DEPUTY REGISTRAR MAY REMOVE A DISQUALIFICATION IMPOSED ON AN 17,335
INDIVIDUAL WITH RESPECT TO A COMMERCIAL DRIVER'S LICENSE OR 17,336
COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT FOR THE SAME 17,337
REASON THE REGISTRAR OR DEPUTY REGISTRAR IS PERMITTED, ON OR
AFTER THAT DATE, TO REMOVE A SUSPENSION OF AN INDIVIDUAL'S 17,338
COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY 17,339
INSTRUCTION PERMIT UNDER SECTION 3123.59 OF THE REVISED CODE.
THE REGISTRAR OR DEPUTY REGISTRAR MAY CHARGE THE FEE DESCRIBED IN 17,340
SECTION 3123.59 OF THE REVISED CODE FOR REMOVING THE 17,341
DISQUALIFICATION.
Sec. 3123.613. PRIOR TO THE DATE SPECIFIED IN SECTION 17,343
3123.52 OF THE REVISED CODE, THE FEES COLLECTED UNDER SECTION 17,344
3123.612 OF THE REVISED CODE ARE NOT REQUIRED TO BE PAID INTO THE 17,345
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 17,347
3123.52 OF THE REVISED CODE, INSTEAD OF THE NOTICE PROVISIONS 17,348
DESCRIBED IN DIVISIONS (A), (B), (C), AND (D) OF SECTION 3123.55 17,349
OF THE REVISED CODE, THE NOTICE SHALL SPECIFY THAT ALL OF THE 17,350
FOLLOWING WILL OCCUR:
(A) THE REGISTRAR OF MOTOR VEHICLES AND ALL DEPUTY 17,353
REGISTRARS WILL BE PROHIBITED FROM ISSUING TO, OR RENEWING FOR,
397
THE INDIVIDUAL A COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL 17,354
DRIVER'S TEMPORARY INSTRUCTION PERMIT. 17,355
(B) IF THE INDIVIDUAL HOLDS A COMMERCIAL DRIVER'S LICENSE 17,357
OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT, THE 17,358
REGISTRAR WILL IMPOSE A DISQUALIFICATION AS DEFINED IN SECTION 17,359
4506.01 OF THE REVISED CODE WITH RESPECT TO THE LICENSE OR PERMIT 17,360
IF THE REGISTRAR DETERMINES THAT THE INDIVIDUAL IS THE INDIVIDUAL 17,361
NAMED IN THE NOTICE SENT PURSUANT TO SECTION 3123.54 OF THE 17,362
REVISED CODE.
(C) IF THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THE 17,364
NOTICE, THE INDIVIDUAL WILL NOT BE ISSUED, AND THE 17,365
DISQUALIFICATION WILL NOT BE REMOVED WITH RESPECT TO, ANY LICENSE 17,366
OR PERMIT LISTED IN THIS SECTION UNTIL THE REGISTRAR RECEIVES A 17,368
NOTICE UNDER SECTION 3123.56 OR 3123.57 OF THE REVISED CODE.
Sec. 3123.615. NOTWITHSTANDING SECTION 119.06 OF THE 17,370
REVISED CODE AND PRIOR TO THE DATE SPECIFIED IN SECTION 3123.52 17,371
OF THE REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES SHALL NOT
HOLD ANY HEARING IN CONNECTION WITH AN ORDER REFUSING TO ISSUE OR 17,372
RENEW, OR IMPOSING A DISQUALIFICATION WITH RESPECT TO, THE 17,373
COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY 17,374
INSTRUCTION PERMIT OF AN INDIVIDUAL PURSUANT TO SECTION 3123.611 17,375
OF THE REVISED CODE.
Sec. 2301.375 3123.62. (A) As used in this section, 17,384
"recreational license" means any license, permit, or stamp issued 17,385
pursuant to section 1533.10, 1533.11, 1533.111, 1533.112, or 17,386
1533.32 of the Revised Code. 17,387
(B) If a court or child support enforcement agency makes a 17,390
final and enforceable determination pursuant to division (B) of 17,392
section 3113.21 SECTIONS 3123.02 TO 3123.071 of the Revised Code 17,393
that an individual is in default under a child support order, the 17,394
agency administering the child support order may determine 17,395
whether the individual holds a recreational license or, if 17,396
possible, whether the individual has applied for, or is likely to 17,397
apply for, such a license. If the agency determines that the 17,398
398
individual holds, has applied for, or is likely to apply for, 17,399
such a license, it shall follow procedures that are substantively 17,401
the same as those set forth in divisions (B) to (D) of section 17,402
2301.373 SECTIONS 3123.42 TO 3123.46 of the Revised Code and the 17,403
division of wildlife shall follow procedures that are 17,404
substantively the same as those set forth in division (E) of 17,405
section 2301.373 SECTIONS 3123.47 TO 3123.50 of the Revised Code 17,406
with respect to the license if both of the following apply: 17,407
(1) The division of wildlife has implemented a computer 17,409
system that maintains license numbers for licenses issued by the 17,411
division, the names of persons to whom licenses are issued, and 17,412
the social security numbers of persons to whom licenses are 17,413
issued;.
(2) The division has established safeguards that eliminate 17,416
the risk that social security numbers provided to the division 17,417
for the purpose of child support enforcement may be used for 17,418
purposes other than those permitted by federal law. 17,419
(C) The department of human services may adopt rules in 17,422
accordance with Chapter 119. of the Revised Code to implement 17,423
this section.
Sec. 3123.63. THE DEPARTMENT OF HUMAN SERVICES MAY ADOPT 17,425
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO 17,426
IMPLEMENT SECTIONS 3123.41 TO 3123.50, 3123.52 TO 3123.615, AND 17,427
3123.62 OF THE REVISED CODE.
Sec. 3123.66. IF A COURT OR A CHILD SUPPORT ENFORCEMENT 17,430
AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO 17,431
SECTIONS 3123.02 TO 3123.071 OF THE REVISED CODE THAT AN OBLIGOR 17,432
IS IN DEFAULT UNDER A SUPPORT ORDER, THE AGENCY ADMINISTERING THE 17,433
SUPPORT ORDER MAY ASSERT A LIEN ON REAL AND PERSONAL PROPERTY OF 17,435
THE OBLIGOR LOCATED IN THIS STATE.
Sec. 3123.67. THE AMOUNT OF THE ARREARAGE DUE UNDER THE 17,438
SUPPORT ORDER DETERMINED TO BE IN DEFAULT PURSUANT TO SECTIONS 17,439
3123.02 TO 3123.071 OF THE REVISED CODE, AND ANY AMOUNTS DUE FOR 17,440
CURRENT SUPPORT THAT BECOME AN ARREARAGE AFTER THE DATE THE 17,441
399
DEFAULT DETERMINATION WAS MADE, SHALL BE A LIEN AGAINST ALL 17,442
PERSONAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE 17,443
OBLIGOR THAT IS SITUATED IN THIS STATE. THE LIEN MAY BE FILED 17,444
WITH THE COUNTY RECORDER IN EACH COUNTY OF THE STATE IN WHICH THE 17,446
PERSONAL PROPERTY IS LOCATED. THE AMOUNT OF THE ARREARAGE DUE
UNDER THE SUPPORT ORDER DETERMINED TO BE IN DEFAULT PURSUANT AND 17,447
ANY AMOUNTS DUE FOR CURRENT SUPPORT THAT BECOME AN ARREARAGE 17,448
AFTER THE DATE THE DEFAULT DETERMINATION WAS MADE, SHALL BE A 17,449
LIEN AGAINST REAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF 17,450
THE OBLIGOR AFTER THE LIEN IS FILED WITH A COUNTY RECORDER OF 17,451
THIS STATE IN WHICH THE REAL PROPERTY IS LOCATED. A LIEN MAY BE 17,452
FILED WITH THE COUNTY RECORDER IN EACH COUNTY OF THE STATE IN 17,453
WHICH REAL PROPERTY OF THE OBLIGOR IS LOCATED. IN RECORDING THE 17,454
LIEN, IF REGISTERED LAND IS INVOLVED, THE COUNTY RECORDER SHALL 17,455
TAKE ALL NECESSARY ACTION REQUIRED BY CHAPTER 5309. OF THE 17,456
REVISED CODE. THE COUNTY RECORDER MAY BE COMPENSATED FOR LIENS 17,458
FILED UNDER THIS SECTION PURSUANT TO THE DEVELOPMENT OF UNIT 17,459
COSTS THAT ARE REIMBURSED UNDER THE PROVIDER CONTRACT ENTERED 17,460
INTO PURSUANT TO TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 17,462
STAT. 2351 (1975), 42 U.S.C. 651, AS AMENDED.
Sec. 3123.68. ON RECEIVING A COPY OF A LIEN FILED IN 17,464
ANOTHER STATE THAT IS SIMILAR TO A LIEN DESCRIBED IN SECTION 17,465
3123.67 OF THE REVISED CODE, A COPY OF THE ORDER FOR CHILD 17,466
SUPPORT THAT IS THE BASIS OF THE LIEN, AND A COPY OF THE COURT OR 17,467
ADMINISTRATIVE DETERMINATION FINDING THE OBLIGOR TO BE IN DEFAULT 17,468
UNDER THE CHILD SUPPORT ORDER, THE OFFICE OF CHILD SUPPORT IN THE 17,469
DEPARTMENT OF HUMAN SERVICES SHALL EXAMINE THE LIEN AND THE OTHER 17,470
DOCUMENTS AND DETERMINE WHETHER THE LIEN IS IN COMPLIANCE WITH 17,471
FEDERAL CHILD SUPPORT LAW AND REGULATIONS. IF THE OFFICE 17,472
DETERMINES THAT THE LIEN IS IN COMPLIANCE, THE OFFICE SHALL 17,473
DETERMINE THE COUNTIES OF THIS STATE IN WHICH IS LOCATED REAL OR 17,474
PERSONAL PROPERTY OF THE OBLIGOR THAT MAY BE SUBJECTED TO THE 17,475
LIEN. ON MAKING THE DETERMINATION, THE OFFICE SHALL SEND A COPY 17,476
OF THE LIEN TO THE CHILD SUPPORT ENFORCEMENT AGENCY OF THE COUNTY 17,477
400
IN WHICH THE OBLIGOR'S REAL OR PERSONAL PROPERTY IS LOCATED. THE 17,478
AGENCY SHALL FILE THE LIEN WITH THE COUNTY RECORDER OF THE COUNTY 17,479
IN WHICH THE AGENCY IS LOCATED. IN RECORDING THE LIEN, IF 17,480
REGISTERED LAND IS INVOLVED, THE COUNTY RECORDER SHALL TAKE ALL 17,481
NECESSARY ACTION REQUIRED BY CHAPTER 5309. OF THE REVISED CODE. 17,482
ONCE FILED, THE LIEN SHALL BE AGAINST ALL REAL AND PERSONAL 17,483
PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE OBLIGOR THAT 17,484
IS SITUATED IN THAT COUNTY. EVERY COURT, THE OFFICE, AND EACH 17,485
CHILD SUPPORT ENFORCEMENT AGENCY SHALL GIVE FULL FAITH AND CREDIT 17,486
TO A LIEN ESTABLISHED BY AN AUTHORIZED AGENCY OF ANOTHER STATE 17,487
THAT IS OF THE TYPE DESCRIBED IN SECTION 3123.67 OF THE REVISED 17,488
CODE.
Sec. 3123.69. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL, NO 17,491
LATER THAN TEN DAYS AFTER FILING A LIEN PURSUANT TO SECTION 17,492
3123.67 OR 3123.68 OF THE REVISED CODE, SERVE A COPY OF THE LIEN 17,493
BY REGULAR MAIL ON THE OBLIGOR WHOSE REAL OR PERSONAL PROPERTY IS 17,494
SUBJECT TO THE LIEN AND THE PERSON OR STATE AGENCY IN POSSESSION 17,495
OR CONTROL OF ANY REAL OR PERSONAL PROPERTY OF THE OBLIGOR. 17,496
Sec. 3123.70. A LIEN IMPOSED PURSUANT TO SECTIONS 3123.66 17,499
TO 3123.68 OF THE REVISED CODE SHALL HAVE PRIORITY OVER LIENS, 17,500
MORTGAGES, SECURITY INTERESTS, OR OTHER TYPES OF ENCUMBRANCES 17,501
THAT ARE ASSOCIATED WITH THE REAL AND PERSONAL PROPERTY SUBJECT 17,502
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 17,504
THOSE SECTIONS. A LIEN IMPOSED PURSUANT TO SECTIONS 3123.66 TO 17,505
3123.68 OF THE REVISED CODE SHALL NOT HAVE PRIORITY OVER LIENS,
MORTGAGES, SECURITY INTERESTS, OR OTHER TYPES OF ENCUMBRANCES 17,507
ASSOCIATED WITH THE REAL AND PERSONAL PROPERTY SUBJECT TO THE 17,508
LIEN IMPOSED BY SECTIONS 3123.66 TO 3123.68 OF THE REVISED CODE 17,509
THAT AROSE ON OR BEFORE THE DATE THE LIEN WAS FILED PURSUANT TO 17,510
SECTIONS 3123.66 TO 3123.68 OF THE REVISED CODE. 17,511
Sec. 3123.71. THE LIEN FILED WITH THE COUNTY RECORDER 17,514
SHALL BE EFFECTIVE UNTIL THE COUNTY RECORDER DISCHARGES THE LIEN. 17,515
THE COUNTY RECORDER SHALL DISCHARGE THE LIEN WITHIN FIVE DAYS 17,516
401
AFTER A CHILD SUPPORT ENFORCEMENT AGENCY FILES A NOTICE PURSUANT 17,517
TO SECTION 3123.72 OF THE REVISED CODE REQUESTING THAT THE LIEN 17,518
BE DISCHARGED.
Sec. 3123.72. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 17,520
FILE A NOTICE REQUESTING THAT THE COUNTY RECORDER DISCHARGE THE 17,521
LIEN IF ONE OF THE FOLLOWING APPLIES: 17,522
(A) THE LIEN IS SATISFIED THROUGH AN ACTION PURSUANT TO 17,525
SECTION 3123.74 OF THE REVISED CODE.
(B) THE OBLIGOR MAKES FULL PAYMENT OF THE ARREARAGE TO THE 17,527
OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR, 17,529
PURSUANT TO SECTIONS 3125.27 TO 3125.30 OF THE REVISED CODE, TO
THE CHILD SUPPORT ENFORCEMENT AGENCY THAT IS THE BASIS OF THE 17,530
LIEN.
(C) AN APPROPRIATE WITHHOLDING OR DEDUCTION NOTICE OR 17,532
OTHER APPROPRIATE ORDER DESCRIBED IN SECTION 3121.03, 3121.04, 17,533
3121.05, 3121.06, OR 3121.12 OF THE REVISED CODE HAS BEEN ISSUED 17,534
TO COLLECT CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE 17,535
SUPPORT ORDER THAT WAS IN DEFAULT, AND THE OBLIGOR IS COMPLYING 17,536
WITH THE NOTICE OR ORDER. 17,537
(D) A NEW SUPPORT ORDER HAS BEEN ISSUED OR THE SUPPORT 17,540
ORDER THAT WAS IN DEFAULT HAS BEEN MODIFIED TO COLLECT CURRENT
SUPPORT AND ANY ARREARAGE DUE UNDER THE SUPPORT ORDER THAT WAS IN 17,541
DEFAULT, AND THE OBLIGOR IS COMPLYING WITH THE NEW OR MODIFIED 17,542
SUPPORT ORDER. 17,543
(E) THE AGENCY RELEASES THE LIEN PURSUANT TO SECTION 17,545
3123.76 OF THE REVISED CODE. 17,546
Sec. 3123.73. A CHILD SUPPORT ENFORCEMENT AGENCY IS 17,548
ENTITLED TO HAVE, AND MAY CAUSE, REAL AND PERSONAL PROPERTY 17,550
SUBJECT TO A LIEN ESTABLISHED PURSUANT TO SECTIONS 3123.66 TO 17,551
3123.68 OF THE REVISED CODE TO BE SOLD PURSUANT TO SECTION 17,552
3123.74 OF THE REVISED CODE.
Sec. 3123.74. (A) TO OBTAIN A SALE OF PROPERTY SUBJECT TO 17,555
A LIEN ESTABLISHED UNDER SECTIONS 3123.66 TO 3123.68 OF THE
REVISED CODE, A CHILD SUPPORT ENFORCEMENT AGENCY SHALL FILE, WITH 17,556
402
THE APPROPRIATE COURT OF THE COUNTY IN WHICH THE PROPERTY IS 17,557
LOCATED, AS DESCRIBED IN SECTION 3123.741 OF THE REVISED CODE, A 17,558
COMPLAINT STATING THAT THE AGENCY HAS OBTAINED A LIEN ON REAL AND 17,559
PERSONAL PROPERTY OF THE OBLIGOR THAT IS LOCATED IN THE COUNTY 17,560
AND THAT THE AGENCY IS ENTITLED TO HAVE THE PROPERTY SOLD TO 17,561
OBTAIN CHILD SUPPORT THAT IS IN ARREARS AND SUBSEQUENTLY OVERDUE 17,562
AND ASKS THE COURT TO ISSUE AN ORDER THAT THE PROPERTY BE SOLD BY 17,563
AN EXECUTION SALE IN ACCORDANCE WITH CHAPTER 2329. OF THE REVISED 17,565
CODE. THE AGENCY SHALL ESTABLISH, TO THE SATISFACTION OF THE 17,566
COURT, AT A HEARING DESCRIBED IN THIS SECTION THAT THE AGENCY HAS 17,567
OBTAINED THE LIEN AND IS ENTITLED TO THE REQUESTED ORDER. 17,568
(B) ON RECEIPT OF A COMPLAINT DESCRIBED IN THIS SECTION, 17,571
THE COURT SHALL CONDUCT A HEARING EXPEDITIOUSLY. IF, AT THE 17,572
HEARING, THE COURT DETERMINES THAT IT HAS JURISDICTION IN THE 17,573
MATTER IN ACCORDANCE WITH SECTION 3123.741 OF THE REVISED CODE 17,574
AND THAT THE CHILD SUPPORT ENFORCEMENT AGENCY HAS OBTAINED A LIEN 17,575
PURSUANT TO SECTIONS 3123.66 TO 3123.68 OF THE REVISED CODE AND 17,576
IS ENTITLED TO HAVE THE REAL AND PERSONAL PROPERTY OF THE OBLIGOR 17,577
IN THE COUNTY SOLD BY EXECUTION SALE TO OBTAIN THE CHILD SUPPORT 17,578
THAT IS IN ARREARS AND SUBSEQUENTLY OVERDUE, THE COURT SHALL 17,579
ISSUE AN ORDER THAT THE PROPERTY BE SOLD BY EXECUTION SALE IN 17,580
ACCORDANCE WITH CHAPTER 2329. OF THE REVISED CODE. 17,581
Sec. 3123.741. THE COMPLAINT DESCRIBED IN SECTION 3123.74 17,583
OF THE REVISED CODE SHALL BE FILED IN THE COURT AS FOLLOWS: 17,584
(A) IF THE CHILD SUPPORT IN ARREARS WAS ORDERED BY A COURT 17,587
IN THE COUNTY IN WHICH THE PROPERTY IN QUESTION IS LOCATED, IN 17,588
THAT COURT;
(B) IF THE CHILD SUPPORT IN ARREARS WAS ORDERED BY A COURT 17,591
OF ANOTHER STATE OR BY A COURT LOCATED IN A COUNTY OTHER THAN THE 17,592
COUNTY IN WHICH THE PROPERTY IN QUESTION IS LOCATED, THE COURT OF 17,593
COMMON PLEAS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED. 17,594
Sec. 3123.75. A SALE OF REAL OR PERSONAL PROPERTY PURSUANT 17,596
TO SECTION 3123.74 OF THE REVISED CODE EXTINGUISHES THE LIEN 17,597
ASSOCIATED WITH THE PROPERTY. 17,598
403
Sec. 3123.76. A CHILD SUPPORT ENFORCEMENT AGENCY MAY AT 17,600
ANY TIME RELEASE A LIEN IMPOSED PURSUANT TO SECTIONS 3123.66 TO 17,601
3123.68 OF THE REVISED CODE, ON ALL OR PART OF THE PROPERTY OF 17,603
THE OBLIGOR, OR RETURN SEIZED PROPERTY WITHOUT LIABILITY, IF 17,604
ASSURANCE OF PAYMENT IS DEEMED ADEQUATE BY THE AGENCY, OR THE 17,605
RELEASE WILL FACILITATE THE COLLECTION OF THE ARREARAGE FOR WHICH 17,606
THE LIEN WAS IMPOSED. THE RELEASE OR RETURN SHALL NOT OPERATE TO 17,607
PREVENT FUTURE ACTION TO COLLECT THE ARREARAGE. 17,608
Sec. 3123.77. ANY PERSON OR STATE AGENCY, AFTER SERVICE 17,611
DESCRIBED IN SECTION 3123.69 OF THE REVISED CODE, THAT RELEASES,
SELLS, TRANSFERS, OR CONVEYS REAL OR PERSONAL PROPERTY SUBJECT TO 17,613
THE LIEN TO OR FOR THE BENEFIT OF THE OBLIGOR OR ANY OTHER PERSON 17,614
OR FAILS OR REFUSES TO SURRENDER PROPERTY FOR THE EXECUTION SALE
PURSUANT TO SECTION 3123.74 OF THE REVISED CODE SHALL BE LIABLE 17,615
FOR THE SUPPORT ARREARAGES THAT ARE THE BASIS OF THE LIEN PLUS 17,616
COSTS, INTEREST, AND REASONABLE ATTORNEY'S FEES OF THE OPPOSING 17,617
PARTY.
Sec. 3123.78. OBTAINING A LIEN UNDER SECTIONS 3123.66 TO 17,619
3123.68 OF THE REVISED CODE DOES NOT AFFECT ANY OTHER LEGAL 17,621
REMEDIES AVAILABLE AGAINST OBLIGORS OR THEIR PROPERTY BY PERSONS 17,622
ENTITLED TO RECEIVE CHILD SUPPORT THAT IS IN ARREARS OR OTHERWISE 17,623
DUE, INCLUDING THE USE OF A JUDGMENT LIEN UNDER CHAPTER 2329. OF 17,624
THE REVISED CODE.
Sec. 5101.32 3123.81. The division OFFICE of child support 17,634
created in the department of human services under section 5101.31 17,635
of the Revised Code shall work with the secretary of the treasury 17,636
to collect past-due child support from refunds of paid federal 17,637
taxes that are payable to the individual who owes the past-due
support in accordance with section 664 of Title IV-D of the 17,638
"Social Security Act," 95 Stat. 860 (1981), 42 U.S.C. 664, as 17,639
amended. The division DEPARTMENT OF HUMAN SERVICES shall adopt 17,641
rules in accordance with Chapter 119. of the Revised Code to
establish procedures necessary to obtain payments of past-due 17,642
support from federal tax overpayments made to the secretary. 17,643
404
Sec. 3123.82. AS USED IN SECTIONS 3123.82 TO 3123.823 OF 17,645
THE REVISED CODE, "OBLIGOR" MEANS A PERSON WHO OWES "OVERDUE 17,647
SUPPORT," AS DEFINED IN SECTION 666 OF TITLE IV-D OF THE "SOCIAL 17,648
SECURITY ACT," 98 STAT. 1306 (1984), 42 U.S.C. 666, AS AMENDED, 17,649
AND ANY RULES PROMULGATED UNDER TITLE IV-D. 17,650
Sec. 3123.821. THE OFFICE OF CHILD SUPPORT CREATED IN THE 17,653
DEPARTMENT OF HUMAN SERVICES UNDER SECTION 3125.02 OF THE REVISED
CODE SHALL WORK WITH THE TAX COMMISSIONER TO COLLECT OVERDUE 17,655
CHILD SUPPORT FROM REFUNDS OF PAID STATE INCOME TAXES UNDER 17,656
CHAPTER 5747. OF THE REVISED CODE THAT ARE PAYABLE TO OBLIGORS.
Sec. 3123.822. NO OVERDUE CHILD SUPPORT SHALL BE COLLECTED 17,658
FROM REFUNDS OF PAID STATE INCOME TAXES UNLESS ALL OF THE 17,659
FOLLOWING CONDITIONS ARE MET: 17,660
(A) ANY REDUCTION AUTHORIZED BY SECTION 5747.12 OF THE 17,663
REVISED CODE HAS FIRST BEEN MADE, EXCEPT AS OTHERWISE PROVIDED IN 17,664
THIS SECTION. 17,665
(B) THE REFUND PAYABLE TO THE OBLIGOR IS NOT LESS THAN 17,667
TWENTY-FIVE DOLLARS AFTER ANY REDUCTION PURSUANT TO SECTION 17,668
5747.12 OF THE REVISED CODE. 17,669
(C) THE OBLIGOR IS NOT LESS THAN THREE MONTHS IN ARREARS 17,671
IN THE OBLIGOR'S PAYMENT OF CHILD SUPPORT, AND THE AMOUNT OF THE 17,672
ARREARAGE IS NOT LESS THAN ONE HUNDRED FIFTY DOLLARS. 17,673
OVERDUE CHILD SUPPORT SHALL BE COLLECTED FROM SUCH REFUNDS 17,675
BEFORE ANY PART OF THE REFUND IS USED AS A CONTRIBUTION PURSUANT 17,676
TO SECTION 5747.113 OF THE REVISED CODE. OVERDUE CHILD SUPPORT 17,677
SHALL BE COLLECTED FROM SUCH REFUNDS BEFORE THE REFUND OR ANY 17,678
PART OF THE REFUND IS CREDITED AGAINST TAX DUE IN ANY SUBSEQUENT 17,679
YEAR PURSUANT TO SECTION 5747.12 OF THE REVISED CODE, 17,680
NOTWITHSTANDING THE CONSENT OF THE OBLIGOR FOR SUCH CREDITING. 17,681
Sec. 3123.823. THE DEPARTMENT OF HUMAN SERVICES, IN 17,683
CONJUNCTION WITH THE TAX COMMISSIONER, SHALL ADOPT RULES, 17,684
PURSUANT TO CHAPTER 119. OF THE REVISED CODE, TO ESTABLISH 17,685
PROCEDURES TO IMPLEMENT SECTIONS 3123.82 TO 3123.823 OF THE
REVISED CODE. THESE PROCEDURES SHALL EMBODY PRINCIPLES OF DUE 17,686
405
PROCESS OF LAW, INCLUDING, BUT NOT LIMITED TO, NOTICES TO 17,687
INTERESTED PARTIES AND OPPORTUNITIES TO BE HEARD PRIOR TO THE 17,688
REDUCTION OF ANY STATE INCOME TAX REFUND. 17,689
Sec. 5101.326 3123.85. The division OFFICE of child 17,699
support in the department of human services may ask the secretary
of the treasury for, and may enter into a reciprocal agreement 17,701
with the secretary to obtain, administrative offsets to collect 17,702
past due child support amounts in accordance with the "Debt
Collection Improvement Act of 1996," 110 Stat. 1321, 31 U.S.C. 17,703
3716(a) and (h). The division OFFICE shall adopt rules in 17,704
accordance with Chapter 119. of the Revised Code to establish 17,705
procedures necessary to receive the administrative offsets. 17,706
Sec. 3123.87. (A) AS USED IN THIS SECTION, "PRISON," 17,709
"PRISON TERM," AND "JAIL" HAVE THE SAME MEANINGS AS IN SECTION
2929.01 OF THE REVISED CODE. 17,710
(B) NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE, 17,712
INCLUDING SECTIONS 5145.16 AND 5147.30 OF THE REVISED CODE, AND 17,713
EXCEPT AS PROVIDED IN SECTION 3121.08 OF THE REVISED CODE,
TWENTY-FIVE PER CENT OF ANY MONEY EARNED PURSUANT TO SECTION 17,714
5145.16 OR 5147.30 OF THE REVISED CODE BY A PRISONER IN A PRISON 17,715
OR JAIL WHO IS AN OBLIGOR IN DEFAULT UNDER A CHILD SUPPORT ORDER 17,716
ACCORDING TO THE RECORDS OF THE CHILD SUPPORT ENFORCEMENT AGENCY 17,717
ADMINISTERING THE ORDER, SHALL BE PAID TO THE AGENCY FOR 17,718
DISTRIBUTION TO THE OBLIGEE UNDER THE ORDER.
Sec. 5101.327 3123.88. (A) As used in this section, 17,727
"support order" has the same meaning as in section 2301.34 of the 17,729
Revised Code. The requirements of this section are effective on 17,731
the earlier of the date that all support orders have been 17,732
converted to the automated data processing system under section 17,733
5101.322 3125.07 of the Revised Code and the division OFFICE of 17,735
child support in the department of human services authorizes 17,736
centralized collection and disbursement of support amounts under 17,737
the support order pursuant to the rules adopted under division 17,738
(F)(1) of section 5101.325 3121.71 of the Revised Code or July 1, 17,740
406
1999.
(B) The director of commerce shall provide the division 17,742
OFFICE no later than the first day of March of each year, the 17,744
name, address, social security number, if the social security 17,745
number is available, and any other identifying information for 17,746
any individual included in a request sent by the division OFFICE 17,747
pursuant to division (C) of this section who has unclaimed funds 17,749
delivered or reported to the state under Chapter 169. of the 17,750
Revised Code.
(C) The division OFFICE shall, no later than the first day 17,752
of February of each year, send to the director of commerce a 17,754
request containing the name, address, and social security number 17,755
of all obligors in default under a support order being 17,756
administered by a child support enforcement agency of this state 17,757
and requests that the director provide information to the
division OFFICE as required in division (B) of this section. If 17,759
the information the director provides identifies or results in 17,760
identifying unclaimed funds held by the state for an obligor in 17,761
default, the division OFFICE shall file a claim under section 17,762
169.08 of the Revised Code to recover the unclaimed funds. If 17,764
the director allows the claim, the director shall pay the claim 17,765
directly to the division OFFICE. The director shall not disallow 17,766
a claim made by the division OFFICE because the division OFFICE 17,767
is not the owner of the unclaimed funds according to the report 17,768
made pursuant to section 169.03 of the Revised Code.
(D) The department of human services, in consultation with 17,770
the department of commerce, may adopt rules in accordance with 17,771
Chapter 119. of the Revised Code to aid in implementation of this 17,772
section.
Sec. 3123.91. AS USED IN SECTIONS 3123.91 TO 3123.932 OF 17,774
THE REVISED CODE, "CONSUMER REPORTING AGENCY" MEANS ANY PERSON 17,775
THAT, FOR MONETARY FEES, DUES, OR ON A COOPERATIVE NONPROFIT 17,776
BASIS, REGULARLY ENGAGES IN WHOLE OR IN PART IN THE PRACTICE OF 17,777
ASSEMBLING OR EVALUATING CONSUMER CREDIT INFORMATION OR OTHER 17,778
407
INFORMATION ON CONSUMERS FOR THE PURPOSE OF FURNISHING CONSUMER 17,779
REPORTS TO THIRD PARTIES AND THAT USES ANY MEANS OR FACILITY OF 17,780
INTERSTATE COMMERCE FOR THE PURPOSE OF PREPARING OR FURNISHING 17,781
CONSUMER REPORTS.
Sec. 3123.92. IF A COURT OR CHILD SUPPORT ENFORCEMENT 17,783
AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO 17,784
SECTIONS 3123.02 TO 3123.071 OF THE REVISED CODE THAT AN OBLIGOR 17,785
IS IN DEFAULT UNDER A SUPPORT ORDER, THE CHILD SUPPORT 17,786
ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER SHALL CONTACT 17,787
AT LEAST ONE CONSUMER REPORTING AGENCY IN THIS STATE AND PROVIDE 17,788
TO THE CONSUMER REPORTING AGENCY THE OBLIGOR'S NAME, ADDRESS, AND 17,789
SOCIAL SECURITY NUMBER OR OTHER IDENTIFICATION NUMBER AND ANY 17,790
OTHER IDENTIFYING INFORMATION CONCERNING THE OBLIGOR THE CHILD 17,791
SUPPORT ENFORCEMENT AGENCY HAS. A CHILD SUPPORT ENFORCEMENT 17,792
AGENCY SHALL NOT CHARGE A CONSUMER REPORTING AGENCY A FEE FOR 17,793
INFORMATION PROVIDED BY THE CHILD SUPPORT ENFORCEMENT AGENCY 17,794
PURSUANT TO THIS SECTION.
Sec. 3123.921. IF A CHILD SUPPORT ENFORCEMENT AGENCY 17,796
CONTACTS A CONSUMER REPORTING AGENCY AND IF THE OBLIGOR PAYS THE 17,797
ENTIRE ARREARAGE UNDER THE SUPPORT ORDER THAT IS THE BASIS FOR 17,798
THE DETERMINATION OF DEFAULT, BOTH OF THE FOLLOWING APPLY: 17,799
(A) THE OBLIGOR MAY GIVE EACH CONSUMER REPORTING AGENCY 17,801
CONTACTED A WRITTEN NOTICE THAT THE ARREARAGE HAS BEEN PAID IN 17,802
FULL AND MAY REQUEST THAT THE CHILD SUPPORT ENFORCEMENT AGENCY 17,803
GIVE EACH CONSUMER REPORTING AGENCY THAT WAS CONTACTED A WRITTEN 17,804
CONFIRMATION THAT THE ARREARAGE HAS BEEN PAID IN FULL. THE 17,805
CONSUMER REPORTING AGENCY SHALL NOT RECORD THE FULL PAYMENT OF 17,806
THE OBLIGOR'S ARREARAGE UNTIL THE CHILD SUPPORT ENFORCEMENT 17,807
AGENCY CONFIRMS THE PAYMENT. 17,808
(B) IF THE OBLIGOR REQUESTS THAT THE CHILD SUPPORT 17,810
ENFORCEMENT AGENCY CONFIRM THAT THE ARREARAGE HAS BEEN PAID IN 17,811
FULL, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL GIVE EACH 17,812
CONSUMER REPORTING AGENCY CONTACTED WRITTEN CONFIRMATION THAT THE 17,814
ARREARAGE HAS BEEN PAID IN FULL.
408
Sec. 3123.93. ANY CONSUMER REPORTING AGENCY MAY CONTACT 17,816
THE OFFICE OF CHILD SUPPORT AND REQUEST INFORMATION AS TO WHETHER 17,817
A SPECIFIED PERSON IS REQUIRED TO PAY SUPPORT UNDER A SUPPORT 17,818
ORDER. THE REQUEST SHALL INCLUDE THE PERSON'S NAME, THE PERSON'S 17,820
ADDRESS AND SOCIAL SECURITY OR OTHER IDENTIFICATION NUMBER, IF 17,821
KNOWN, AND ANY OTHER IDENTIFYING INFORMATION RELATIVE TO THE 17,822
PERSON THAT IS KNOWN BY THE AGENCY.
Sec. 3123.931. ON RECEIPT OF THE REQUEST, THE OFFICE OF 17,824
CHILD SUPPORT SHALL REVIEW THE CASE REGISTRY CREATED PURSUANT TO 17,825
SECTION 3121.81 OF THE REVISED CODE TO DETERMINE IF THE PERSON IS 17,827
REQUIRED TO PAY SUPPORT UNDER A SUPPORT ORDER.
Sec. 3123.932. IF THE OFFICE OF CHILD SUPPORT, ON 17,829
CONDUCTING ITS REVIEW, DETERMINES THAT THE PERSON IS INCLUDED IN 17,830
THE CASE REGISTRY, IT SHALL PROVIDE THE CONSUMER REPORTING AGENCY 17,831
WITH A REPORT THAT SETS FORTH THE NAME OF THE PERSON WHO IS THE 17,832
SUBJECT OF THE REQUEST, A STATEMENT THAT THE PERSON IS REQUIRED 17,833
TO MAKE SUPPORT PAYMENTS UNDER ONE OR MORE SUPPORT ORDERS, THE 17,835
NAME OF THE COURTS OR CHILD SUPPORT ENFORCEMENT AGENCIES THAT 17,836
ISSUED THE SUPPORT ORDERS, THE COUNTIES IN WHICH THOSE COURTS OR 17,837
AGENCIES ARE LOCATED, AND WHETHER ANY OF THE SUPPORT ORDERS ARE 17,838
BEING ADMINISTERED BY A CHILD SUPPORT ENFORCEMENT AGENCY. 17,839
Sec. 3123.95. THE OFFICE OF CHILD SUPPORT IN THE 17,842
DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH A PROGRAM TO
INCREASE CHILD SUPPORT COLLECTIONS BY PUBLISHING AND DISTRIBUTING 17,843
A SERIES OF POSTERS DISPLAYING CHILD SUPPORT OBLIGORS WHO ARE 17,844
DELINQUENT IN THEIR SUPPORT PAYMENTS. 17,845
Sec. 3123.951. ANY CHILD SUPPORT ENFORCEMENT AGENCY THAT 17,847
CHOOSES TO PARTICIPATE IN THE POSTER PROGRAM ESTABLISHED BY THE 17,848
OFFICE OF CHILD SUPPORT MAY SUBMIT NAMES OF OBLIGORS THAT MEET 17,849
THE CRITERIA IN SECTION 3123.952 OF THE REVISED CODE TO THE 17,850
OFFICE. THE OFFICE SHALL SELECT OBLIGORS TO BE DISPLAYED ON A 17,851
POSTER FROM THE NAMES SUBMITTED BY THE AGENCIES. 17,852
Sec. 3123.952. A CHILD SUPPORT ENFORCEMENT AGENCY MAY 17,854
SUBMIT THE NAME OF A DELINQUENT OBLIGOR TO THE OFFICE OF CHILD 17,855
409
SUPPORT FOR INCLUSION ON A POSTER ONLY IF ALL OF THE FOLLOWING 17,856
APPLY:
(A) THE OBLIGOR IS SUBJECT TO A SUPPORT ORDER AND THERE 17,858
HAS BEEN AN ATTEMPT TO ENFORCE THE ORDER THROUGH A PUBLIC NOTICE, 17,859
A WAGE WITHHOLDING ORDER, A LIEN ON PROPERTY, A FINANCIAL 17,860
INSTITUTION DEDUCTION ORDER, OR OTHER COURT-ORDERED PROCEDURES. 17,861
(B) THE DEPARTMENT OF HUMAN SERVICES REVIEWED THE 17,863
OBLIGOR'S RECORDS AND CONFIRMS THE CHILD SUPPORT ENFORCEMENT 17,864
AGENCY'S FINDING THAT THE OBLIGOR'S NAME AND PHOTOGRAPH MAY BE 17,865
SUBMITTED TO BE DISPLAYED ON A POSTER. 17,866
(C) THE AGENCY DOES NOT KNOW OR IS UNABLE TO VERIFY THE 17,868
OBLIGOR'S WHEREABOUTS. 17,869
(D) THE OBLIGOR IS NOT A PARTICIPANT IN OHIO WORKS FIRST 17,871
OR THE PREVENTION, RETENTION, AND CONTINGENCY PROGRAM OR A 17,872
RECIPIENT OF DISABILITY ASSISTANCE, SUPPLEMENTAL SECURITY INCOME, 17,873
OR FOOD STAMPS. 17,874
(E) THE CHILD SUPPORT ENFORCEMENT AGENCY DOES NOT HAVE 17,876
EVIDENCE THAT THE OBLIGOR HAS FILED FOR PROTECTION UNDER THE 17,877
FEDERAL BANKRUPTCY CODE, 11 U.S.C.A. 101, AS AMENDED. 17,878
(F) THE OBLIGEE GAVE WRITTEN AUTHORIZATION TO THE AGENCY 17,880
TO DISPLAY THE OBLIGOR ON A POSTER. 17,881
(G) A LEGAL REPRESENTATIVE OF THE AGENCY AND A CHILD 17,883
SUPPORT ENFORCEMENT ADMINISTRATOR REVIEWED THE CASE. 17,884
(H) THE AGENCY IS ABLE TO SUBMIT TO THE DEPARTMENT A 17,886
DESCRIPTION AND PHOTOGRAPH OF THE OBLIGOR, A STATEMENT OF THE 17,887
POSSIBLE LOCATIONS OF THE OBLIGOR, AND ANY OTHER INFORMATION 17,888
REQUIRED BY THE DEPARTMENT. 17,889
Sec. 3123.953. WHEN A CHILD SUPPORT ENFORCEMENT AGENCY 17,892
SUBMITS THE NAME OF AN OBLIGOR TO THE OFFICE OF CHILD SUPPORT 17,893
UNDER SECTION 3123.951 OF THE REVISED CODE, IT ALSO SHALL SUBMIT
THE PHOTOGRAPH AND INFORMATION DESCRIBED IN DIVISION (H) OF 17,895
SECTION 3123.952 OF THE REVISED CODE.
Sec. 3123.954. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 17,897
NOT SUBMIT TO THE OFFICE OF CHILD SUPPORT THE ADDRESS OF THE 17,898
410
OBLIGEE OR ANY OTHER PERSONAL INFORMATION ABOUT THE OBLIGEE WHEN 17,899
THE AGENCY SUBMITS THE NAME OF THE OBLIGOR UNDER SECTION 3123.951 17,900
OF THE REVISED CODE.
Sec. 3123.955. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 17,902
DETERMINE WHETHER ANY OBLIGOR WHOSE NAME WAS SUBMITTED TO BE 17,903
DISPLAYED ON A POSTER HAS MET ALL THE CONDITIONS OF SECTION 17,904
3123.956 OF THE REVISED CODE. IF IT DETERMINES THAT AN OBLIGOR 17,905
HAS DONE SO, IT SHALL GIVE THE OFFICE OF CHILD SUPPORT NOTICE OF 17,906
ITS DETERMINATION. ON RECEIPT OF THE NOTICE FROM THE AGENCY, THE 17,907
OFFICE SHALL REMOVE THE OBLIGOR FROM THE LIST OF OBLIGORS 17,908
SUBMITTED BY THAT AGENCY BEFORE MAKING THE FINAL SELECTION OF 17,909
OBLIGORS FOR THE POSTER.
Sec. 3123.956. THE OFFICE OF CHILD SUPPORT SHALL SEND 17,911
NOTICE TO EACH OBLIGOR WHOSE NAME WAS SUBMITTED TO BE DISPLAYED 17,912
ON THE POSTER CREATED BY THE OFFICE. THE NOTICE SHALL BE SENT BY 17,914
REGULAR MAIL TO THE OBLIGOR'S LAST KNOWN ADDRESS AND SHALL STATE 17,915
THAT THE OBLIGOR MAY AVOID BEING INCLUDED ON THE POSTER BY DOING 17,916
ALL OF THE FOLLOWING WITHIN NINETY DAYS AFTER RECEIPT OF THE 17,917
NOTICE:
(A) MAKE A PAYMENT TO THE OFFICE OF CHILD SUPPORT OR, 17,920
PURSUANT TO SECTIONS 3125.27 TO 3125.30 OF THE REVISED CODE, TO
THE CHILD SUPPORT ENFORCEMENT AGENCY THAT IS AT LEAST EQUAL TO 17,922
THE AMOUNT OF SUPPORT THE OBLIGOR IS REQUIRED TO PAY EACH MONTH 17,923
UNDER THE SUPPORT ORDER;
(B) PROVIDE THE CHILD SUPPORT ENFORCEMENT AGENCY WITH THE 17,925
OBLIGOR'S CURRENT ADDRESS; 17,926
(C) PROVIDE THE AGENCY WITH EVIDENCE FROM EACH OF THE 17,928
OBLIGOR'S CURRENT EMPLOYERS OF THE OBLIGOR'S CURRENT WAGES, 17,929
SALARY, AND OTHER COMPENSATION; 17,930
(D) PROVIDE THE AGENCY WITH EVIDENCE THAT THE OBLIGOR HAS 17,932
ARRANGED FOR WITHHOLDING FROM THE OBLIGOR'S WAGES, SALARY, OR 17,933
OTHER COMPENSATION TO PAY SUPPORT AND FOR PAYMENT OF ARREARAGES. 17,934
Sec. 3123.957. EACH POSTER CREATED BY THE OFFICE OF CHILD 17,936
SUPPORT SHALL DISPLAY PHOTOGRAPHS OF, AND INFORMATION ABOUT, TEN 17,937
411
OBLIGORS WHO ARE LIABLE FOR SUPPORT ARREARAGES AND WHOSE 17,938
WHEREABOUTS ARE UNKNOWN TO CHILD SUPPORT ENFORCEMENT AGENCIES. 17,939
EACH POSTER SHALL LIST A TOLL-FREE TELEPHONE NUMBER FOR THE 17,940
OFFICE THAT MAY BE CALLED TO REPORT INFORMATION REGARDING THE 17,941
WHEREABOUTS OF ANY OF THE OBLIGORS DISPLAYED ON A POSTER. THE 17,942
OFFICE MAY INCLUDE ANY OTHER INFORMATION ON THE POSTER THAT IT 17,943
CONSIDERS APPROPRIATE. 17,944
Sec. 3123.958. THE OFFICE OF CHILD SUPPORT SHALL PUBLISH 17,946
AND DISTRIBUTE THE FIRST SET OF POSTERS THROUGHOUT THE STATE NOT 17,947
LATER THAN OCTOBER 1, 1992. THE OFFICE SHALL PUBLISH AND 17,948
DISTRIBUTE SUBSEQUENT SETS OF POSTERS NOT LESS THAN TWICE 17,949
ANNUALLY.
Sec. 3123.959. THE OFFICE OF CHILD SUPPORT SHALL USE FUNDS 17,951
APPROPRIATED BY THE GENERAL ASSEMBLY FOR CHILD SUPPORT 17,952
ADMINISTRATION TO CONDUCT THE POSTER PROGRAM UNDER SECTIONS 17,953
3123.95 TO 3123.9510 OF THE REVISED CODE.
Sec. 3123.9510. IN ACCORDANCE WITH CHAPTER 119. OF THE 17,955
REVISED CODE, THE OFFICE OF CHILD SUPPORT SHALL ADOPT RULES FOR 17,956
THE OPERATION OF THE POSTER PROGRAM ESTABLISHED BY THE OFFICE. 17,957
THE RULES SHALL SPECIFY THE FOLLOWING: 17,958
(A) CRITERIA AND PROCEDURES FOR THE OFFICE TO USE IN 17,960
REVIEWING THE NAMES OF OBLIGORS SUBMITTED BY CHILD SUPPORT 17,961
ENFORCEMENT AGENCIES TO BE DISPLAYED ON A POSTER AND IN SELECTING 17,962
THE DELINQUENT OBLIGORS TO BE INCLUDED ON A POSTER; 17,963
(B) PROCEDURES FOR PROVIDING THE NOTICE SPECIFIED IN 17,965
SECTION 3123.956 OF THE REVISED CODE; 17,966
(C) ANY OTHER PROCEDURES NECESSARY FOR THE OPERATION OF 17,968
THE POSTER PROGRAM. 17,969
Sec. 3123.96. A CHILD SUPPORT ENFORCEMENT AGENCY MAY 17,971
ESTABLISH A PROGRAM TO INCREASE CHILD SUPPORT COLLECTIONS BY 17,972
PUBLISHING AND DISTRIBUTING A SERIES OF POSTERS DISPLAYING CHILD 17,973
SUPPORT OBLIGORS WHO ARE DELINQUENT IN THEIR SUPPORT PAYMENTS. 17,974
Sec. 3123.961. EACH POSTER DESCRIBED IN SECTION 3123.96 OF 17,976
THE REVISED CODE SHALL DISPLAY PHOTOGRAPHS OF, AND INFORMATION 17,977
412
ABOUT, TEN OBLIGORS WHO ARE LIABLE FOR SUPPORT ARREARAGES AND 17,978
WHOSE WHEREABOUTS ARE UNKNOWN TO THE CHILD SUPPORT ENFORCEMENT 17,979
AGENCY. EACH POSTER SHALL LIST A TOLL-FREE TELEPHONE NUMBER THAT 17,981
MAY BE CALLED TO REPORT INFORMATION REGARDING THE WHEREABOUTS OF 17,982
ANY OF THE OBLIGORS DISPLAYED ON THE POSTER. THE AGENCY MAY 17,983
INCLUDE ANY OTHER INFORMATION ON THE POSTER THAT IT CONSIDERS 17,984
APPROPRIATE.
Sec. 3123.962. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 17,986
SELECT OBLIGORS FOR INCLUSION ON A POSTER FROM OBLIGORS THAT MEET 17,987
THE CRITERIA IN SECTION 3123.952 OF THE REVISED CODE. THE AGENCY 17,988
SHALL SEND NOTICE TO EACH OBLIGOR WHOSE NAME IS BEING CONSIDERED 17,989
FOR DISPLAY ON A POSTER. THE NOTICE SHALL BE SENT BY REGULAR 17,990
MAIL TO THE OBLIGOR'S LAST KNOWN ADDRESS AND SHALL INCLUDE THE 17,991
INFORMATION SPECIFIED IN SECTION 3123.956 OF THE REVISED CODE. 17,992
Sec. 3123.99. WHOEVER VIOLATES SECTION 3123.20 OF THE 17,994
REVISED CODE SHALL BE FINED NOT LESS THAN FIFTY NOR MORE THAN TWO 17,995
HUNDRED DOLLARS AND IMPRISONED NOT LESS THAN TEN NOR MORE THAN 17,996
THIRTY DAYS.
Sec. 3125.01. AS USED IN THIS CHAPTER: 17,998
(A) "SUPPORT ORDER" MEANS EITHER AN ADMINISTRATIVE CHILD 18,000
SUPPORT ORDER OR A COURT SUPPORT ORDER. 18,001
(B) "TITLE IV-D CASE" MEANS ANY CASE IN WHICH THE CHILD 18,005
SUPPORT ENFORCEMENT AGENCY IS ENFORCING THE CHILD SUPPORT ORDER 18,006
PURSUANT TO TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 18,012
2351 (1975), 42 U.S.C. 651, AS AMENDED. 18,014
Sec. 3125.02. THE OFFICE OF CHILD SUPPORT IS HEREBY 18,016
CREATED IN THE DEPARTMENT OF HUMAN SERVICES. 18,017
Sec. 3125.03. THE OFFICE OF CHILD SUPPORT SHALL ESTABLISH 18,020
AND ADMINISTER A PROGRAM OF CHILD SUPPORT ENFORCEMENT THAT MEETS 18,021
THE REQUIREMENTS OF TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 18,022
STAT. 2351 (1975), 42 U.S.C. 651, AS AMENDED, AND ANY RULES 18,024
ADOPTED UNDER TITLE IV-D. THE PROGRAM OF CHILD SUPPORT 18,026
ENFORCEMENT SHALL INCLUDE THE LOCATION OF ABSENT PARENTS, 18,027
ESTABLISHMENT OF PARENTAGE, ESTABLISHMENT AND MODIFICATION OF 18,028
413
CHILD SUPPORT ORDERS AND MEDICAL SUPPORT ORDERS, ENFORCEMENT OF 18,029
SUPPORT ORDERS, COLLECTION OF SUPPORT OBLIGATIONS, AND ANY OTHER 18,030
ACTIONS APPROPRIATE TO CHILD SUPPORT ENFORCEMENT. 18,031
ABSENT PARENTS SHALL BE LOCATED FOR ANY PURPOSE UNDER THE 18,034
CHILD SUPPORT ENFORCEMENT PROGRAM AND FOR PURPOSES OF 18,035
ESTABLISHING AND ENFORCING ORDERS ALLOCATING PARENTAL RIGHTS AND
RESPONSIBILITIES BETWEEN PARENTS CONCERNING THEIR CHILDREN AND 18,036
ESTABLISHING AND ENFORCING PARENTING TIME ORDERS CONCERNING THE 18,037
CHILDREN.
Sec. 3125.04. AS PART OF ITS EFFORTS TO ESTABLISH 18,039
PARENTAGE, THE OFFICE OF CHILD SUPPORT SHALL DEVELOP A PROGRAM TO 18,041
PUBLICIZE THE STATE PROCEDURES FOR ESTABLISHING THE EXISTENCE OF
A PARENT AND CHILD RELATIONSHIP AND THE ADVANTAGES OF 18,042
ESTABLISHING SUCH A RELATIONSHIP. THE OFFICE MAY REQUIRE ANY 18,043
BOARD, COMMISSION, OR AGENCY OF THE STATE TO PARTICIPATE IN THE 18,044
PUBLICITY PROGRAM.
Sec. 3125.05. THE OFFICE OF CHILD SUPPORT SHALL ESTABLISH, 18,046
BY RULE ADOPTED PURSUANT TO CHAPTER 119. OF THE REVISED CODE, A 18,047
PROGRAM OF SPOUSAL SUPPORT ENFORCEMENT IN CONJUNCTION WITH CHILD 18,048
SUPPORT ENFORCEMENT. THE PROGRAM SHALL CONFORM, TO THE EXTENT 18,049
PRACTICABLE, TO THE PROGRAM FOR CHILD SUPPORT ENFORCEMENT 18,050
ESTABLISHED PURSUANT TO SECTION 3125.03 OF THE REVISED CODE. 18,051
Sec. 3125.06. THE DEPARTMENT OF HUMAN SERVICES SHALL ENTER 18,053
INTO AN AGREEMENT WITH THE SECRETARY OF HEALTH AND HUMAN 18,054
SERVICES, AS AUTHORIZED BY THE "PARENTAL KIDNAPPING PREVENTION 18,056
ACT OF 1980," 94 STAT. 3572, 42 U.S.C. 663, AS AMENDED, UNDER 18,057
WHICH THE SERVICES OF THE PARENT LOCATER SERVICE ESTABLISHED 18,058
PURSUANT TO TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 18,060
2351 (1975), 42 U.S.C. 651, AS AMENDED, ARE MADE AVAILABLE TO 18,062
THIS STATE FOR THE FOLLOWING PURPOSES: 18,063
(A) DETERMINING THE WHEREABOUTS OF ANY ABSENT PARENT OR 18,066
CHILD IN ORDER TO ENFORCE A LAW WITH RESPECT TO THE UNLAWFUL
TAKING OR RESTRAINT OF A CHILD; 18,067
(B) MAKING OR ENFORCING A DETERMINATION AS TO THE 18,070
414
ALLOCATION, BETWEEN THE PARENTS OF A CHILD, OF THE PARENTAL 18,071
RIGHTS AND RESPONSIBILITIES FOR THE CARE OF A CHILD AND THE 18,072
DESIGNATION OF THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF A 18,073
CHILD OR OTHERWISE AS TO THE CUSTODY OF A CHILD; 18,074
(C) MAKING OR ENFORCING A PARENTING TIME ORDER WITH 18,076
RESPECT TO A CHILD. 18,077
Sec. 5101.322 3125.07. (A) The department of human 18,086
services shall establish and maintain a statewide, automated data 18,088
processing system in compliance with Title IV-D of the "Social 18,089
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by 18,090
the "Personal Responsibility and Work Opportunity Reconciliation 18,092
Act of 1996," 110 Stat. 2105, to support the enforcement of child 18,093
support that shall be implemented in every county. Every county 18,094
shall accept the automated system and, in accordance with the 18,096
written instructions of the department for the implementation of 18,097
the automated system, shall convert to the automated system all 18,098
records that are maintained by any county entity and that are 18,099
related to any case for which a local agency is enforcing a child 18,100
support order in accordance with Title IV-D of the "Social 18,101
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by 18,102
the "Personal Responsibility and Work Reconciliation Act of 18,104
1996," 110 Stat. 2105.
(B) The department shall adopt rules pursuant to Chapter 18,107
119. of the Revised Code concerning access to, and use of, data 18,110
maintained in the automated system that do the following:
(1) Permit access to and use of data only to the extent 18,112
necessary to carry out programs under Title IV-D of the "Social 18,114
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by 18,115
the "Personal Responsibility and Work Opportunity Reconciliation 18,116
Act of 1996," 110 Stat. 2105, and specify the data that may be 18,117
used for particular program purposes, and the personnel permitted 18,118
access to the data; 18,119
(2) Require monitoring of access to and use of the 18,121
automated system to prevent and promptly identify unauthorized 18,122
415
use; 18,123
(3) Establish procedures to ensure that all personnel who 18,125
may have access to or be required to use data are informed of 18,126
applicable requirements and penalties and have been trained in 18,127
security procedures; 18,128
(4) Establish administrative penalties, up to and 18,130
including dismissal from employment, for unauthorized access to, 18,131
or disclosure or use of, data. 18,132
Sec. 3125.08. THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT 18,135
RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE CONCERNING 18,137
ACCESS TO, AND USE OF, DATA MAINTAINED IN THE AUTOMATED SYSTEM 18,138
ESTABLISHED PURSUANT TO SECTION 3125.07 OF THE REVISED CODE THAT 18,139
DO THE FOLLOWING:
(A) PERMIT ACCESS TO AND USE OF DATA ONLY TO THE EXTENT 18,141
NECESSARY TO CARRY OUT PROGRAMS UNDER TITLE IV-D OF THE "SOCIAL 18,144
SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651, AS AMENDED, 18,146
AND SPECIFY THE DATA THAT MAY BE USED FOR PARTICULAR PROGRAM 18,148
PURPOSES, AND THE PERSONNEL PERMITTED ACCESS TO THE DATA; 18,149
(B) REQUIRE MONITORING OF ACCESS TO AND USE OF THE 18,151
AUTOMATED SYSTEM TO PREVENT AND PROMPTLY IDENTIFY UNAUTHORIZED 18,152
USE; 18,153
(C) ESTABLISH PROCEDURES TO ENSURE THAT ALL PERSONNEL WHO 18,155
MAY HAVE ACCESS TO OR BE REQUIRED TO USE DATA ARE INFORMED OF 18,156
APPLICABLE REQUIREMENTS AND PENALTIES AND HAVE BEEN TRAINED IN 18,157
SECURITY PROCEDURES; 18,158
(D) ESTABLISH ADMINISTRATIVE PENALTIES, UP TO AND 18,160
INCLUDING DISMISSAL FROM EMPLOYMENT, FOR UNAUTHORIZED ACCESS TO, 18,161
OR DISCLOSURE OR USE OF, DATA. 18,162
Sec. 3125.10. EACH COUNTY SHALL HAVE A CHILD SUPPORT 18,165
ENFORCEMENT AGENCY. A GOVERNMENT ENTITY DESIGNATED UNDER THIS 18,167
SECTION PRIOR TO OCTOBER 1, 1997, OR A PRIVATE OR GOVERNMENT 18,169
ENTITY DESIGNATED UNDER SECTION 307.981 OF THE REVISED CODE ON OR 18,170
AFTER THAT DATE MAY SERVE AS A COUNTY'S CHILD SUPPORT ENFORCEMENT 18,172
AGENCY.
416
Sec. 3125.11. THE CHILD SUPPORT ENFORCEMENT AGENCY FOR A 18,174
COUNTY IS THE LOCAL TITLE IV-D AGENCY FOR THE COUNTY AND SHALL 18,176
OPERATE A PROGRAM FOR SUPPORT ENFORCEMENT IN THE COUNTY THAT 18,177
COMPLIES WITH TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 18,180
2351 (1975), 42 U.S.C. 651, AS AMENDED, ANY RULES ADOPTED
PURSUANT TO THAT TITLE, AND STATE LAW. EACH CHILD SUPPORT 18,182
ENFORCEMENT AGENCY SHALL BE BE RESPONSIBLE IN THE COUNTY IT 18,186
SERVES FOR THE ENFORCEMENT OF SUPPORT ORDERS AND SHALL PERFORM 18,187
ALL ADMINISTRATIVE DUTIES RELATED TO THE ENFORCEMENT OF ANY 18,188
SUPPORT ORDER. 18,189
Sec. 3125.12. EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL 18,192
ENTER INTO A PLAN OF COOPERATION WITH THE BOARD OF COUNTY 18,193
COMMISSIONERS UNDER SECTION 307.983 OF THE REVISED CODE AND 18,194
COMPLY WITH THE PARTNERSHIP AGREEMENT THE BOARD ENTERS INTO UNDER 18,196
SECTION 307.98 AND CONTRACTS THE BOARD ENTERS INTO UNDER SECTIONS
307.981 AND 307.982 OF THE REVISED CODE THAT AFFECT THE AGENCY. 18,198
Sec. 3125.13. EACH CHILD SUPPORT ENFORCEMENT AGENCY MAY 18,200
ENTER INTO CONTRACTS WITH PUBLIC AGENCIES AND PRIVATE VENDORS FOR 18,201
ASSISTANCE IN ESTABLISHING PATERNITY OR SUPPORT OBLIGATIONS, OR 18,202
FOR THE PERFORMANCE OF OTHER ADMINISTRATIVE DUTIES OF THE AGENCY. 18,203
EACH CHILD SUPPORT ENFORCEMENT AGENCY MAY CONTRACT WITH A 18,204
COLLECTION AGENT FOR THE COLLECTION OF ARREARAGES OWED UNDER 18,206
CHILD SUPPORT ORDERS BEING ADMINISTERED BY THE AGENCY. BEFORE 18,207
ENTERING INTO A CONTRACT FOR ASSISTANCE IN ESTABLISHING PATERNITY 18,208
OR SUPPORT OBLIGATIONS, FOR OTHER ADMINISTRATIVE SERVICES, OR FOR 18,209
THE COLLECTION OF ARREARAGES BY A COLLECTION AGENT, A CHILD 18,210
SUPPORT ENFORCEMENT AGENCY SHALL COMPLY WITH SECTIONS 307.86 TO 18,211
307.92 OF THE REVISED CODE AND ANY RULES ADOPTED BY THE STATE 18,212
DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 3125.25 OF THE 18,213
REVISED CODE.
Sec. 3125.14. EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL 18,216
ENTER INTO WRITTEN AGREEMENTS WITH THE COURTS, THE PROSECUTING 18,217
ATTORNEY, AND LAW ENFORCEMENT OFFICIALS OF THE COUNTY IT SERVES 18,218
THAT ESTABLISH COOPERATIVE WORKING ARRANGEMENTS AND SPECIFY AREAS 18,219
417
OF RESPONSIBILITY FOR THE ENFORCEMENT OF SUPPORT AMONG THE 18,220
AGENCY, COURTS, AND OFFICIALS. THE AGREEMENTS SHALL PROVIDE FOR 18,221
THE REIMBURSEMENT OF THE COURTS AND LAW ENFORCEMENT OFFICIALS FOR 18,222
THE RESPONSIBILITIES THEY ASSUME AND ACTIONS THEY UNDERTAKE 18,223
PURSUANT TO SUCH AGREEMENTS.
Sec. 3125.15. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 18,225
MAINTAIN RECORDS OF SUPPORT ORDERS BEING ADMINISTERED OR 18,226
OTHERWISE HANDLED BY THE AGENCY PURSUANT TO SECTIONS 3121.81 TO 18,228
3121.86 OF THE REVISED CODE.
Sec. 3125.16. EACH OBLIGOR AND EACH OBLIGEE UNDER A 18,230
SUPPORT ORDER MAY REVIEW ALL RECORDS MAINTAINED UNDER SECTION 18,232
3125.15 OF THE REVISED CODE THAT PERTAIN TO THE SUPPORT ORDER AND
ANY OTHER INFORMATION MAINTAINED BY THE CHILD SUPPORT ENFORCEMENT 18,234
AGENCY, EXCEPT TO THE EXTENT PROHIBITED BY STATE OR FEDERAL LAW. 18,235
Sec. 2301.354 3125.17. Without the authorization of the 18,244
court of common pleas or the consent of the prosecuting attorney 18,246
and without engaging in competitive bidding to obtain the legal 18,247
services, any child support enforcement agency may employ, 18,248
through its appointing authority, staff attorneys to advise,
assist, and represent the agency in its performance of its 18,249
functions pertaining to the enforcement of support orders. The 18,250
option to employ the staff attorneys shall be in addition to any 18,251
other options available to the agency to obtain necessary legal 18,252
services in connection with its performance of its functions
pertaining to the enforcement of support orders, including the 18,253
use of legal services provided by the prosecuting attorney 18,254
pursuant to contract or otherwise or the obtaining of legal 18,255
services through a competitive bidding process. 18,256
Sec. 3125.19. THE BOARD OF COUNTY COMMISSIONERS OF EACH 18,258
COUNTY SHALL BUDGET AND APPROPRIATE TO THE CHILD SUPPORT 18,259
ENFORCEMENT AGENCY SERVING THE COUNTY BOTH OF THE FOLLOWING: 18,260
(A) ALL FEDERAL MONEY PAYABLE TO THE AGENCY ON THE BASIS 18,263
OF ITS SUCCESS IN IMPLEMENTING ACTIVITIES RELATED TO CHILD 18,265
SUPPORT ENFORCEMENT UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT; 18,267
418
(B) ANY FUNDS THAT MAY BE RECEIVED FROM OTHER FEDERAL OR 18,269
STATE SOURCES FOR THE AGENCY. 18,270
Sec. 3125.20. A BOARD OF COUNTY COMMISSIONERS MAY REQUEST 18,272
THAT THE DEPARTMENT OF HUMAN SERVICES GRANT A WAIVER OF THE 18,273
REQUIREMENT THAT THE MONEY SPECIFIED IN DIVISION (A) OF SECTION 18,275
3125.19 OF THE REVISED CODE BE BUDGETED AND APPROPRIATED TO THE 18,276
CHILD SUPPORT ENFORCEMENT AGENCY IF THE BOARD CAN DEMONSTRATE, BY 18,277
MEETING CRITERIA ESTABLISHED BY THE DEPARTMENT, THAT THE AGENCY 18,278
IS EFFECTIVELY USING PROCEDURES FOR ESTABLISHING PATERNITY, 18,279
MEETING THE MANDATED SERVICE NEEDS OF CLIENTS, AND COMPLYING WITH 18,280
ALL APPLICABLE STATE AND FEDERAL SUPPORT RULES AND REGULATIONS. 18,281
Sec. 3125.21. ALL MONEYS RECEIVED FROM THE FEDERAL OR 18,283
STATE GOVERNMENT FOR REIMBURSEMENT FOR SUPPORT ENFORCEMENT 18,284
ACTIVITIES SHALL BE USED SOLELY FOR SUPPORT ENFORCEMENT 18,285
ACTIVITIES.
Sec. 3125.22. A CHILD SUPPORT ENFORCEMENT AGENCY MAY 18,287
INVEST ANY OF THE MONEYS COLLECTED PURSUANT TO THE PERFORMANCE OF 18,288
ITS DUTIES UNDER CHAPTERS 3111., 3119., 3121., 3123., AND 3125. 18,289
OF THE REVISED CODE IN A REPURCHASE AGREEMENT IN WHICH A BANK 18,291
AGREES TO SELL SHORT-TERM FEDERALLY GUARANTEED SECURITIES WITH AN 18,292
OBLIGATION OF THE BANK TO REPURCHASE THE SECURITIES. ALL 18,293
INTEREST DERIVED PURSUANT TO INVESTMENTS MADE UNDER THIS SECTION 18,294
SHALL BE RETAINED BY THE AGENCY AND USED SOLELY FOR SUPPORT 18,295
ENFORCEMENT ACTIVITIES. 18,296
Sec. 3125.24. EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL 18,300
BE OPERATED UNDER THE SUPERVISION OF THE DEPARTMENT OF HUMAN 18,301
SERVICES IN ACCORDANCE WITH THE PROGRAM OF CHILD SUPPORT 18,302
ENFORCEMENT ESTABLISHED PURSUANT TO SECTION 3125.03 OF THE 18,303
REVISED CODE.
THE DEPARTMENT SHALL ENSURE THAT ALL CHILD SUPPORT 18,306
ENFORCEMENT AGENCIES COMPLY WITH ALL APPLICABLE STATE AND FEDERAL 18,307
SUPPORT REGULATIONS, INCLUDING THE AFFIRMATIVE DUTIES OF TITLE 18,309
IV-D OF THE SOCIAL SECURITY ACT. 18,310
Sec. 3125.25. THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT 18,313
419
RULES UNDER CHAPTER 119. OF THE REVISED CODE GOVERNING THE 18,314
OPERATION OF SUPPORT ENFORCEMENT BY CHILD SUPPORT ENFORCEMENT 18,315
AGENCIES. THE RULES SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, 18,316
PROVISIONS RELATING TO PLANS OF COOPERATION BETWEEN THE AGENCIES 18,317
AND BOARDS OF COUNTY COMMISSIONERS ENTERED INTO UNDER SECTION 18,318
3125.12 OF THE REVISED CODE, REQUIREMENTS FOR PUBLIC HEARINGS BY 18,319
THE AGENCIES, AND PROVISIONS FOR APPEALS OF AGENCY DECISIONS 18,320
UNDER PROCEDURES ESTABLISHED BY THE DEPARTMENT.
Sec. 3125.27. EXCEPT AS PROVIDED IN SECTIONS 3123.14, 18,323
3123.73, 3125.28, AND 3125.29 OF THE REVISED CODE, NO CHILD 18,324
SUPPORT ENFORCEMENT AGENCY SHALL COLLECT ANY SUPPORT AMOUNTS DUE 18,325
UNDER A SUPPORT ORDER AS PART OF ITS DUTIES TO ENFORCE SUPPORT 18,326
ORDERS.
Sec. 3125.28. (A) NOTWITHSTANDING ANY OTHER SECTION OF 18,328
THE REVISED CODE AND EXCEPT AS PROVIDED IN SECTION 3125.29 OF THE 18,331
REVISED CODE, A CHILD SUPPORT ENFORCEMENT AGENCY SHALL COLLECT
AND DISBURSE ALL SUPPORT AMOUNTS UNDER A SUPPORT ORDER IT IS 18,334
ADMINISTERING PURSUANT TO LAW AS IT EXISTED PRIOR TO JANUARY 1, 18,337
1998, AND SHALL COLLECT THE ADDITIONAL AMOUNT IMPOSED UNDER 18,338
DIVISION (G)(1) OF SECTION 2301.35 OF THE REVISED CODE AS IT 18,339
EXISTED PRIOR TO JANUARY 1, 1998, UNTIL THE SUPPORT ORDER IS 18,342
CONVERTED TO THE AUTOMATED DATA PROCESSING SYSTEM UNDER SECTION 18,343
3125.07 OF THE REVISED CODE AND THE OFFICE OF CHILD SUPPORT 18,345
AUTHORIZES CENTRALIZED COLLECTION AND DISBURSEMENT OF SUPPORT 18,346
AMOUNTS UNDER THE SUPPORT ORDER PURSUANT TO THE RULES ADOPTED 18,347
UNDER SECTION 3121.71 OF THE REVISED CODE. 18,348
(B) NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE 18,351
AND EXCEPT AS PROVIDED IN SECTION 3125.29 OF THE REVISED CODE, 18,352
THE AGENCY ADMINISTERING THE SUPPORT ORDER SHALL COLLECT THE 18,353
AMOUNTS PERMITTED TO BE COLLECTED, AND PERFORM OTHER DUTIES
REQUIRED, WITH RESPECT TO THE SUPPORT ORDER PURSUANT TO DIVISION 18,354
(D)(1) OF SECTION 2301.373, DIVISION (B)(3)(a) OF SECTION 18,356
2301.374, DIVISIONS (E)(4)(b), (F), AND (I) OF SECTION 3111.23, 18,358
DIVISION (E) OF SECTION 3111.99, DIVISIONS (G)(4)(b), (H)(3), AND 18,361
420
(K) OF SECTION 3113.21, DIVISION (B) OF SECTION 3113.212, 18,362
DIVISION (E) OF SECTION 3113.99, AND DIVISION (A)(3) OF SECTION 18,364
5101.323 OF THE REVISED CODE AS THOSE SECTIONS EXISTED PRIOR TO 18,367
JANUARY 1, 1998, AND THE AGENCY SHALL COLLECT THE AMOUNTS 18,369
PERMITTED TO BE COLLECTED BY THE OFFICE OF CHILD SUPPORT, AND 18,370
PERFORM OTHER DUTIES REQUIRED OF THE OFFICE, WITH RESPECT TO THE
SUPPORT ORDER PURSUANT TO SECTION 3123.62 AND SECTION 3123.72 OF 18,373
THE REVISED CODE, UNTIL THE SUPPORT ORDER IS CONVERTED AND 18,374
AUTHORIZATION FOR CENTRALIZED COLLECTION AND DISBURSEMENT IS 18,375
GIVEN. 18,376
Sec. 3125.29. (A) AFTER CONVERSION OCCURS AND 18,378
AUTHORIZATION FOR CENTRALIZED COLLECTION AND DISBURSEMENT IS 18,379
GRANTED AS DESCRIBED IN SECTION 3125.28 OF THE REVISED CODE, A 18,380
CHILD SUPPORT ENFORCEMENT AGENCY MAY CONTINUE TO COLLECT THE 18,382
FOLLOWING AMOUNTS FROM OBLIGORS WHO PAY THE AMOUNTS IN PERSON AT 18,383
THE OFFICE OF THE AGENCY:
(1) CURRENT SUPPORT AMOUNTS AND ARREARAGES DUE UNDER A 18,386
SUPPORT ORDER BEING ADMINISTERED BY THE AGENCY AND THE ADDITIONAL 18,387
AMOUNT IMPOSED PURSUANT TO SECTION 3119.27 OF THE REVISED CODE 18,388
WITH RESPECT TO THE ORDER; 18,389
(2) AMOUNTS COLLECTED PURSUANT TO SECTIONS 3121.59, 18,392
3123.45, 3123.56, 3123.62, DIVISION (B) OF SECTION 3123.72, AND 18,394
SECTION 3123.956 OF THE REVISED CODE. 18,395
(B) ALL AMOUNTS COLLECTED PURSUANT TO DIVISION (A) OF THIS 18,398
SECTION SHALL BE FORWARDED TO THE OFFICE OF CHILD SUPPORT NO 18,399
LATER THAN ONE DAY AFTER RECEIPT OF THE AMOUNTS. 18,400
Sec. 3125.30. AMOUNTS COLLECTED BY A COLLECTION AGENT THAT 18,402
HAS A CONTRACT WITH A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT 18,403
TO SECTION 3125.13 OF THE REVISED CODE SHALL BE PAID TO THE 18,405
OFFICE OF CHILD SUPPORT. THE AGENCY SHALL FORWARD ANY AMOUNTS 18,406
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 18,408
AMOUNTS.
Sec. 3125.36. (A) SUBJECT TO DIVISION (B) OF THIS 18,410
421
SECTION, ALL SUPPORT ORDERS THAT ARE ADMINISTERED BY A CHILD 18,412
SUPPORT ENFORCEMENT AGENCY DESIGNATED UNDER SECTION 307.981 OR 18,413
3125.10 OF THE REVISED CODE AND ARE ELIGIBLE FOR TITLE IV-D 18,415
SERVICES SHALL BE TITLE IV-D CASES UNDER TITLE IV-D OF THE 18,417
"SOCIAL SECURITY ACT." SUBJECT TO DIVISION (B) OF THIS SECTION, 18,419
ALL OBLIGEES OF SUPPORT ORDERS ADMINISTERED BY THE AGENCY SHALL 18,420
BE CONSIDERED TO HAVE FILED A SIGNED APPLICATION FOR TITLE IV-D 18,421
SERVICES.
(B) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, A 18,424
COURT THAT ISSUES OR MODIFIES A SUPPORT ORDER SHALL REQUIRE THE 18,425
OBLIGEE UNDER THE ORDER TO SIGN, AT THE TIME OF THE ISSUANCE OR 18,426
MODIFICATION OF THE ORDER, AN APPLICATION FOR TITLE IV-D SERVICES 18,427
AND TO FILE, AS SOON AS POSSIBLE, THE SIGNED APPLICATION WITH THE 18,429
CHILD SUPPORT ENFORCEMENT AGENCY THAT WILL ADMINISTER THE ORDER. 18,430
THE APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE DEPARTMENT 18,431
OF HUMAN SERVICES. EXCEPT AS PROVIDED IN DIVISION (D) OF THIS 18,433
SECTION, A SUPPORT ORDER THAT IS ADMINISTERED BY A CHILD SUPPORT
ENFORCEMENT AGENCY, AND THAT IS ELIGIBLE FOR TITLE IV-D SERVICES 18,435
SHALL BE A TITLE IV-D CASE UNDER TITLE IV-D OF THE "SOCIAL 18,438
SECURITY ACT" ONLY UPON THE FILING OF THE SIGNED APPLICATION FOR 18,439
TITLE IV-D SERVICES. 18,440
(C) A CHILD SUPPORT ENFORCEMENT AGENCY SHALL MAKE 18,442
AVAILABLE AN APPLICATION FOR TITLE IV-D SERVICES TO ALL PERSONS 18,444
REQUESTING A CHILD SUPPORT ENFORCEMENT AGENCY'S ASSISTANCE IN AN 18,445
ACTION UNDER SECTIONS 3111.01 TO 3111.18 OF THE REVISED CODE OR 18,446
IN AN ADMINISTRATIVE PROCEEDING BROUGHT TO ESTABLISH A PARENT AND 18,447
CHILD RELATIONSHIP, TO ESTABLISH OR MODIFY AN ADMINISTRATIVE 18,448
SUPPORT ORDER, OR TO ESTABLISH OR MODIFY AN ORDER TO PROVIDE 18,449
HEALTH INSURANCE COVERAGE FOR THE CHILDREN SUBJECT TO A SUPPORT 18,450
ORDER.
(D) AN OBLIGEE UNDER A SUPPORT ORDER WHO HAS ASSIGNED THE 18,452
RIGHT TO THE SUPPORT PURSUANT TO SECTION 5101.59 OR 5107.20 OF 18,453
THE REVISED CODE SHALL NOT BE REQUIRED TO SIGN AN APPLICATION FOR 18,454
TITLE IV-D SERVICES. THE SUPPORT ORDER SHALL BE CONSIDERED A 18,455
422
TITLE IV-D CASE. 18,456
Sec. 3125.37. THE DEPARTMENT OF HUMAN SERVICES SHALL 18,458
CHARGE AN APPLICATION FEE OF UP TO TWENTY-FIVE DOLLARS, AS 18,460
DETERMINED BY RULE ADOPTED BY THE DEPARTMENT PURSUANT TO CHAPTER 18,461
119. OF THE REVISED CODE, FOR FURNISHING SERVICES UNDER TITLE 18,462
IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42 18,464
U.S.C. 651, AS AMENDED, TO PERSONS NOT PARTICIPATING IN OHIO 18,466
WORKS FIRST UNDER CHAPTER 5107. OF THE REVISED CODE OR TO PERSONS 18,467
NOT EXEMPTED FROM PAYING THE FEE UNDER SECTION 454(6)(B) OF THE 18,468
"SOCIAL SECURITY ACT," AS AMENDED BY THE "BALANCED BUDGET ACT OF 18,469
1997," 111 STAT. 625, 42 U.S.C. 654(6)(B). THE DEPARTMENT SHALL 18,472
ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE 18,473
AUTHORIZING COUNTIES, AT THEIR OPTION, TO WAIVE THE PAYMENT OF 18,474
THE FEE. THE APPLICATION FEE, UNLESS WAIVED PURSUANT TO RULES 18,475
ADOPTED BY THE DEPARTMENT PURSUANT TO THIS SECTION, SHALL BE PAID 18,476
BY THOSE PERSONS. 18,477
Sec. 5101.317 3125.38. (A) The department of human 18,486
services shall provide annual reviews of and reports to the 18,488
secretary of health and human services concerning programs 18,489
operated under Title IV-D of the "Social Security Act," 88 Stat. 18,491
2351 (1975), 42 U.S.C. 651, as amended by the "Personal 18,492
Responsibility and Work Opportunity Reconciliation Act of 1996," 18,494
110 Stat. 2105, pursuant to rules adopted by the department under 18,495
division (B) of this section 3125.39 OF THE REVISED CODE.
(B) The department of human services shall adopt rules in 18,498
accordance with Chapter 119. of the Revised Code that establish 18,499
the following:
(1) Procedures for annual reviews of and reports to the 18,501
secretary of health and human services on the programs operated 18,502
under Title IV-D of the "Social Security Act," as amended, 18,504
including information necessary to measure compliance with 18,505
federal requirements for expedited procedures;
(2) Procedures for transmitting data and calculations 18,507
regarding levels of accomplishment and rates of improvement for 18,508
423
paternity establishment and child support enforcement from the 18,509
automatic data processing system required under section 5101.322 18,510
of the Revised Code to the secretary of health and human 18,513
services.
Sec. 3125.39. THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT 18,515
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT 18,517
ESTABLISH THE FOLLOWING:
(A) PROCEDURES FOR ANNUAL REVIEWS OF AND REPORTS TO THE 18,519
SECRETARY OF HEALTH AND HUMAN SERVICES ON THE PROGRAMS OPERATED 18,520
UNDER TITLE IV-D OF THE "SOCIAL SECURITY ACT," AS AMENDED, 18,523
INCLUDING INFORMATION NECESSARY TO MEASURE COMPLIANCE WITH 18,524
FEDERAL REQUIREMENTS FOR EXPEDITED PROCEDURES;
(B) PROCEDURES FOR TRANSMITTING DATA AND CALCULATIONS 18,526
REGARDING LEVELS OF ACCOMPLISHMENT AND RATES OF IMPROVEMENT FOR 18,527
PATERNITY ESTABLISHMENT AND CHILD SUPPORT ENFORCEMENT FROM THE 18,528
AUTOMATIC DATA PROCESSING SYSTEM REQUIRED UNDER SECTION 3125.07 18,530
OF THE REVISED CODE TO THE SECRETARY OF HEALTH AND HUMAN 18,532
SERVICES.
Sec. 3125.41. (A) AS USED IN THIS SECTION: 18,534
(1) "CABLE TELEVISION SERVICE" HAS THE SAME MEANING AS IN 18,536
SECTION 2913.01 OF THE REVISED CODE. 18,537
(2) "PUBLIC UTILITY" MEANS A PERSON OR ENTITY, INCLUDING 18,539
AN ENTITY OWNED OR OPERATED BY A MUNICIPAL CORPORATION OR OTHER 18,540
GOVERNMENT ENTITY, THAT IS DESCRIBED IN DIVISION (A) OF SECTION 18,542
4905.03 OF THE REVISED CODE AS A TELEPHONE COMPANY, ELECTRIC 18,545
LIGHT COMPANY, GAS COMPANY, NATURAL GAS COMPANY, WATER-WORKS 18,546
COMPANY, HEATING OR COOLING COMPANY, OR SEWAGE DISPOSAL SYSTEM 18,547
COMPANY, OR THAT IS PROVIDING CABLE TELEVISION SERVICE. 18,548
(B) EXCEPT AS PROVIDED IN SECTION 3125.43 OF THE REVISED 18,551
CODE, THE OFFICE OF CHILD SUPPORT SHALL HAVE ACCESS TO ALL OF THE 18,553
FOLLOWING UNLESS RELEASE OF THE INFORMATION IS PROHIBITED BY 18,554
FEDERAL OR STATE LAW:
(1) ANY INFORMATION IN THE POSSESSION OF ANY OFFICER OR 18,556
ENTITY OF THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE 18,558
424
THAT WOULD AID THE OFFICE IN LOCATING AN ABSENT PARENT OR CHILD 18,560
PURSUANT TO SECTION 3125.06 OF THE REVISED CODE; 18,561
(2) ANY INFORMATION CONCERNING THE EMPLOYMENT, 18,563
COMPENSATION, AND BENEFITS OF ANY OBLIGOR OR OBLIGEE SUBJECT TO A 18,565
SUPPORT ORDER IN THE POSSESSION OF ANY PERSON;
(3) THE NAME AND ADDRESS OF ANY OBLIGOR OR OBLIGEE SUBJECT 18,568
TO A SUPPORT ORDER AND THE OBLIGOR'S OR OBLIGEE'S EMPLOYER IN THE 18,569
CUSTOMER RECORDS OF A PUBLIC UTILITY.
Sec. 3125.42. THE PERSON OR ENTITY REQUIRED TO PROVIDE 18,572
INFORMATION PURSUANT TO SECTION 3125.41 OF THE REVISED CODE, MAY 18,574
PROVIDE SUCH INFORMATION TO A CHILD SUPPORT ENFORCEMENT AGENCY AT 18,575
THE AGENCY'S REQUEST OR REQUIRE THE AGENCY TO REQUEST THAT THE 18,576
OFFICE OF CHILD SUPPORT REQUEST THE INFORMATION FOR THE AGENCY. 18,577
THE OFFICE SHALL REQUEST THE INFORMATION FROM THE PERSON OR 18,578
ENTITY ON THE REQUEST OF A CHILD SUPPORT ENFORCEMENT AGENCY. 18,580
Sec. 3125.43. THE DEPARTMENT OF TAXATION SHALL NOT PROVIDE 18,583
ANY INFORMATION TO THE OFFICE OF CHILD SUPPORT, EXCEPT AS 18,585
PROVIDED IN THIS SECTION. FOR PURPOSES OF THE ESTABLISHMENT OF 18,586
PATERNITY, THE ESTABLISHMENT, MODIFICATION, OR ENFORCEMENT OF 18,587
SUPPORT ORDERS, AND THE LOCATION OF ABSENT PARENTS PURSUANT TO 18,588
CHILD SUPPORT ENFORCEMENT ACTIVITIES AND ACTIVITIES TO ESTABLISH 18,589
AND ENFORCE ORDERS ALLOCATING PARENTING RIGHTS AND
RESPONSIBILITIES AND PARENTING TIME ORDERS, THE OFFICE IS 18,591
AUTHORIZED TO HAVE ACCESS TO INFORMATION CONCERNING THE
RESIDENTIAL ADDRESS, EMPLOYER, INCOME, AND ASSETS OF TAXPAYERS IF 18,592
THAT INFORMATION IS CONTAINED IN THE STATE TAX RECORDS MAINTAINED 18,593
BY THE DEPARTMENT. THE DEPARTMENT SHALL NOT PROVIDE ANY 18,594
INFORMATION TO THE OFFICE IF THE PROVISION OF THE INFORMATION IS 18,595
PROHIBITED BY STATE OR FEDERAL LAW. 18,596
Sec. 3125.44. THE OFFICE OF CHILD SUPPORT SHALL REIMBURSE 18,598
THE DEPARTMENT OF TAXATION FOR THE COST OF ACCESS TO, AND 18,599
OBTAINMENT OF, THE INFORMATION DESCRIBED IN SECTION 3125.43 OF 18,600
THE REVISED CODE.
Sec. 3125.45. AN OFFICER OR ENTITY OF THE STATE OR 18,602
425
POLITICAL SUBDIVISION OF THE STATE OR ANY OTHER PERSON WHO 18,605
PROVIDES INFORMATION PURSUANT TO SECTION 3125.41, 3125.42, OR 18,606
3125.43 OF THE REVISED CODE SHALL NOT BE SUBJECT TO CRIMINAL OR 18,607
CIVIL LIABILITY FOR PROVIDING THE INFORMATION. 18,608
Sec. 3125.46. NO PERSON OR ENTITY, OTHER THAN AN OFFICER 18,611
OR ENTITY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE, 18,612
SHALL FAIL TO PROVIDE INFORMATION AS REQUIRED BY SECTION 3125.41 18,614
OR 3125.42 OF THE REVISED CODE.
Sec. 3125.47. A PERSON OR ENTITY THAT VIOLATES SECTION 18,617
3125.46 OF THE REVISED CODE MAY BE FINED FIVE HUNDRED DOLLARS.
Sec. 3125.48. THE DEPARTMENT OF HUMAN SERVICES SHALL FILE 18,619
AN ACTION IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, 18,621
REQUESTING THAT THE COURT IMPOSE THE FINE DESCRIBED IN SECTION 18,622
3125.47 OF THE REVISED CODE FOR FAILURE TO PROVIDE INFORMATION AS 18,623
REQUIRED BY SECTION 3125.41 OR 3125.42 OF THE REVISED CODE. IF
THE COURT DETERMINES THAT A PERSON OR ENTITY FAILED TO PROVIDE 18,625
THE INFORMATION, IT MAY IMPOSE THE FINE. THE COURT SHALL DIRECT 18,626
THAT THE FINE BE PAID TO THE DEPARTMENT. 18,628
Sec. 3125.49. NEITHER THE OFFICE OF CHILD SUPPORT NOR ANY 18,630
CHILD SUPPORT ENFORCEMENT AGENCY SHALL USE ANY SOCIAL SECURITY 18,632
NUMBER MADE AVAILABLE TO IT UNDER SECTION 3705.07 OF THE REVISED
CODE FOR ANY PURPOSE OTHER THAN CHILD SUPPORT ENFORCEMENT. 18,634
Sec. 3125.50. EXCEPT AS PROVIDED BY THE RULES ADOPTED 18,636
PURSUANT TO SECTION 3125.51 OF THE REVISED CODE, NO PERSON SHALL 18,638
DO EITHER OF THE FOLLOWING:
(A) DISCLOSE INFORMATION CONCERNING APPLICANTS FOR AND 18,640
RECIPIENTS OF TITLE IV-D SUPPORT ENFORCEMENT PROGRAM SERVICES 18,642
PROVIDED BY A CHILD SUPPORT ENFORCEMENT AGENCY; 18,644
(B) DISCLOSE ANY INFORMATION COLLECTED PURSUANT TO SECTION 18,647
3125.41, 3125.42, OR 3125.43 OF THE REVISED CODE.
Sec. 3125.51. THE OFFICE OF CHILD SUPPORT SHALL ADOPT 18,649
RULES GOVERNING ACCESS TO, AND USE AND DISCLOSURE OF, THE 18,651
INFORMATION DESCRIBED IN SECTION 3125.50 OF THE REVISED CODE. 18,652
THE RULES SHALL BE CONSISTENT WITH THE REQUIREMENTS OF TITLE IV-D 18,653
426
OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 18,654
651, AS AMENDED, AND ANY RULES ADOPTED UNDER TITLE IV-D. 18,655
Sec. 3125.58. EACH COURT WITH JURISDICTION TO ISSUE COURT 18,657
SUPPORT ORDERS OR ORDERS ESTABLISHING THE EXISTENCE OR 18,659
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP SHALL ESTABLISH 18,660
RULES OF COURT TO ENSURE THAT THE FOLLOWING PERCENTAGE OF ALL 18,661
ACTIONS TO ESTABLISH THE EXISTENCE OR NONEXISTENCE OF A PARENT 18,662
AND CHILD RELATIONSHIP, TO ESTABLISH A SUPPORT REQUIREMENT, OR TO 18,663
MODIFY A PREVIOUSLY ISSUED COURT SUPPORT ORDER ARE COMPLETED 18,664
WITHIN THE FOLLOWING TIME LIMITS:
(A) SEVENTY-FIVE PER CENT OF ALL OF THE ACTIONS SHALL BE 18,666
COMPLETED WITHIN SIX MONTHS AFTER THE DATE OF INITIAL FILING; 18,668
(B) NINETY PER CENT OF ALL OF THE ACTIONS SHALL BE 18,670
COMPLETED WITHIN TWELVE MONTHS AFTER THE DATE OF INITIAL FILING. 18,672
Sec. 3125.59. WITH RESPECT TO A CASE FOR THE ESTABLISHMENT 18,674
OR MODIFICATION OF A SUPPORT REQUIREMENT THAT INVOLVES COMPLEX 18,675
LEGAL ISSUES REQUIRING FULL JUDICIAL REVIEW, THE COURT SHALL 18,676
ISSUE A TEMPORARY SUPPORT ORDER WITHIN THE TIME LIMITS SET FORTH 18,677
IN SECTION 3125.58 OF THE REVISED CODE. THE ORDER SHALL BE IN 18,678
EFFECT UNTIL A FINAL SUPPORT ORDER IS ISSUED IN THE CASE. ALL 18,679
CASES IN WHICH THE IMPOSITION OF A NOTICE OR ORDER UNDER SECTION 18,680
3121.03 OF THE REVISED CODE IS CONTESTED SHALL BE COMPLETED 18,681
WITHIN THE PERIOD OF TIME SPECIFIED BY LAW FOR COMPLETION OF THE 18,682
CASE. THE FAILURE OF A COURT TO COMPLETE A CASE WITHIN THE 18,683
REQUIRED PERIOD DOES NOT AFFECT THE ABILITY OF ANY COURT TO ISSUE 18,684
ANY ORDER UNDER THIS SECTION OR ANY OTHER SECTION OF THE REVISED 18,685
CODE FOR THE PAYMENT OF SUPPORT, DOES NOT PROVIDE ANY DEFENSE TO 18,686
ANY ORDER FOR THE PAYMENT OF SUPPORT THAT IS ISSUED UNDER THIS 18,687
SECTION OR ANY OTHER SECTION OF THE REVISED CODE, AND DOES NOT 18,688
AFFECT ANY OBLIGATION TO PAY SUPPORT. 18,689
Sec. 3125.60. (A) IN ANY TITLE IV-D CASE, THE JUDGE, WHEN 18,692
NECESSARY TO SATISFY THE FEDERAL REQUIREMENT OF EXPEDITED PROCESS 18,694
FOR OBTAINING COURT SUPPORT ORDERS AND ENFORCING SUPPORT ORDERS, 18,695
MAY APPOINT MAGISTRATES TO MAKE FINDINGS OF FACT AND 18,697
427
RECOMMENDATIONS FOR THE JUDGE'S APPROVAL IN THE CASE. ALL 18,698
MAGISTRATES APPOINTED PURSUANT TO THIS SECTION SHALL BE ATTORNEYS 18,700
ADMITTED TO THE PRACTICE OF LAW IN THIS STATE. A COURT THAT 18,701
APPOINTS A MAGISTRATE PURSUANT TO THIS SECTION MAY APPOINT ANY 18,703
ADDITIONAL ADMINISTRATIVE AND SUPPORT PERSONNEL FOR THE 18,704
MAGISTRATE.
(B) ANY MAGISTRATE APPOINTED PURSUANT TO THIS SECTION MAY 18,707
PERFORM ANY OF THE FOLLOWING FUNCTIONS:
(1) TAKING TESTIMONY AND KEEPING A RECORD IN THE CASE; 18,710
(2) EVALUATING EVIDENCE AND ISSUING RECOMMENDATIONS TO 18,713
ESTABLISH AND MODIFY COURT SUPPORT ORDERS AND ENFORCE SUPPORT 18,714
ORDERS;
(3) ACCEPTING VOLUNTARY ACKNOWLEDGMENTS OF SUPPORT 18,717
LIABILITY AND STIPULATED AGREEMENTS SETTING THE AMOUNT OF SUPPORT 18,718
TO BE PAID;
(4) ENTERING DEFAULT ORDERS IF THE OBLIGOR DOES NOT 18,721
RESPOND TO NOTICES IN THE CASE WITHIN A REASONABLE TIME AFTER THE 18,722
NOTICES ARE ISSUED;
(5) ANY OTHER FUNCTIONS CONSIDERED NECESSARY BY THE COURT. 18,724
Sec. 3125.99. WHOEVER VIOLATES SECTION 3125.50 OF THE 18,727
REVISED CODE SHALL BE FINED NOT MORE THAN FIVE HUNDRED DOLLARS, 18,728
OR IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH. 18,729
Sec. 3301.071. (A) In the case of nontax-supported 18,738
schools, standards for teacher certification prescribed under 18,739
section 3301.07 of the Revised Code shall provide for 18,740
certification, without further educational requirements, of any 18,741
administrator, supervisor, or teacher who has attended and 18,742
received a bachelor's degree from a college or university 18,743
accredited by a national or regional association in the United 18,744
States except that, at the discretion of the state board of 18,745
education, this requirement may be met by having an equivalent 18,746
degree from a foreign college or university of comparable 18,747
standing. 18,748
In the case of nonchartered, nontax-supported schools, the 18,750
428
standards for teacher certification prescribed under section 18,751
3301.07 of the Revised Code shall provide for certification, 18,752
without further educational requirements, of any administrator, 18,753
supervisor, or teacher who has attended and received a diploma 18,754
from a "bible college" or "bible institute" described in division 18,755
(E) of section 1713.02 of the Revised Code. 18,756
(B) Each person applying for a certificate under this 18,758
section for purposes of serving in a nonpublic school chartered 18,759
by the state board under section 3301.16 of the Revised Code 18,760
shall pay a fee in the amount established under division (A) of 18,761
section 3319.51 of the Revised Code. Any fees received under 18,762
this division shall be paid into the state treasury to the credit 18,763
of the state board of education certification fund established 18,764
under division (B) of section 3319.51 of the Revised Code. 18,765
(C) A person applying for or holding any certificate 18,767
pursuant to this section for purposes of serving in a nonpublic 18,768
school chartered by the state board is subject to SECTIONS 18,770
3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES
ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE AND sections 18,772
2301.373, 3319.31, and 3319.311 of the Revised Code. 18,774
(D) Divisions (B) and (C) of this section and sections 18,776
3319.291, 3319.31, and 3319.311 of the Revised Code do not apply 18,777
to any administrators, supervisors, or teachers in nonchartered, 18,778
nontax-supported schools. 18,779
Sec. 3301.074. (A) The state board of education shall, by 18,788
rule adopted in accordance with Chapter 119. of the Revised Code, 18,789
establish standards for licensing school district treasurers and 18,790
business managers, for the renewal of such licenses, and for the 18,791
issuance of duplicate copies of licenses. Licenses of the 18,792
following types shall be issued or renewed by the board to 18,793
applicants who meet the standards for the license or the renewal 18,794
of the license for which application is made: 18,795
(1) Treasurer, valid for serving as treasurer of a school 18,797
district in accordance with section 3313.22 of the Revised Code; 18,798
429
(2) Business manager, valid for serving as business 18,800
manager of a school district in accordance with section 3319.03 18,801
of the Revised Code. 18,802
(B) Each application for a license or renewal or duplicate 18,804
copy of a license shall be accompanied by the payment of a fee in 18,805
the amount established under division (A) of section 3319.51 of 18,806
the Revised Code. Any fees received under this section shall be 18,807
paid into the state treasury to the credit of the state board of 18,808
education licensure fund established under division (B) of 18,810
section 3319.51 of the Revised Code.
(C) Any person employed under section 3313.22 of the 18,812
Revised Code as a treasurer on July 1, 1983, shall be considered 18,813
to meet the standards for licensure as a treasurer and for 18,814
renewal of such license. Any person employed under section 18,815
3319.03 of the Revised Code as a business manager on July 1, 18,816
1983, shall be considered to meet the standards for licensure as 18,817
a business manager and for renewal of such license. 18,818
(D) Any person applying for or holding any license 18,820
pursuant to this section is subject to SECTIONS 3123.41 TO 18,822
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE AND sections 2301.373, 18,824
3319.31, and 3319.311 of the Revised Code. 18,825
Sec. 3301.71. On receipt of a notice pursuant to section 18,835
2301.373 3123.43 of the Revised Code, the state board of 18,836
education shall comply with that section SECTIONS 3123.41 TO 18,838
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 18,840
license or certificate issued pursuant to this chapter. 18,842
Sec. 3304.42. On receipt of a notice pursuant to section 18,851
2301.373 3123.43 of the Revised Code, the bureau of services for 18,853
the visually impaired shall comply with that section SECTIONS 18,855
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 18,857
a license issued pursuant to this chapter. 18,858
430
Sec. 3305.08. Any payment, benefit, or other right 18,867
accruing to any electing employee under a contract the employee 18,869
enters into for purposes of an alternative retirement plan, any 18,870
contributions to the electing employee's alternative retirement 18,871
plan pursuant to section 3305.06 of the Revised Code, and all 18,872
moneys, investments, and income of those contracts are exempt 18,874
from any state tax, except the tax imposed by section 5747.02 of
the Revised Code and, except as provided in sections 3119.80, 18,876
3119.81, 3121.02, 3121.03, 3123.06, AND 3305.09, 3311.23, and 18,878
3113.21 of the Revised Code, shall not be subject to execution, 18,881
garnishment, attachment, the operation of bankruptcy or the 18,882
insolvency law, or other process of law, and shall be
unassignable except as specifically provided in this section and 18,883
sections 3111.23 3119.80, 3119.81, 3121.02, 3121.03, and 3113.21 18,884
3123.06 of the Revised Code and any contract the electing 18,887
employee has entered into for purposes of an alternative 18,888
retirement plan.
Sec. 3307.21. (A) The treasurer of state shall furnish 18,897
annually to the state teachers retirement board a sworn statement 18,898
of the amount of the funds in the treasurer's custody belonging 18,900
to the state teachers retirement system.
(B)(1) As used in this division, "personal history record" 18,902
means information maintained by the board on a member, former 18,903
member, contributor, former contributor, retirant, or beneficiary 18,904
that includes the address, telephone number, social security 18,905
number, record of contributions, correspondence with the system, 18,906
or other information the board determines to be confidential. 18,907
(2) The records of the board shall be open to public 18,909
inspection, except for the following, which shall be excluded, 18,910
except with the written authorization of the individual 18,911
concerned: 18,912
(a) The individual's personal records provided for in 18,914
section 3307.29 of the Revised Code; 18,915
(b) The individual's personal history record; 18,917
431
(c) Any information identifying, by name and address, the 18,919
amount of a monthly allowance or benefit paid to the individual. 18,920
(C) All medical reports and recommendations under sections 18,922
3307.42, 3307.44, and 3307.49 of the Revised Code are privileged, 18,923
except that copies of such medical reports or recommendations 18,924
shall be made available to the personal physician, attorney, or 18,925
authorized agent of the individual concerned upon written release 18,926
received from the individual or the individual's agent, or, when 18,928
necessary for the proper administration of the fund, to the board 18,929
assigned physician.
(D) Any person who is a member or contributor of the 18,931
system shall be furnished, on written request, with a statement 18,933
of the amount to the credit of the person's account. The board 18,934
need not answer more than one request of a person in any one 18,935
year.
(E) Notwithstanding the exceptions to public inspection in 18,937
division (B)(2) of this section, the board may furnish the 18,938
following information: 18,939
(1) If a member, former member, retirant, contributor, or 18,941
former contributor is subject to an order issued under section 18,942
2907.15 of the Revised Code or is convicted of or pleads guilty 18,943
to a violation of section 2921.41 of the Revised Code, on written 18,944
request of a prosecutor as defined in section 2935.01 of the 18,945
Revised Code, the board shall furnish to the prosecutor the 18,946
information requested from the individual's personal history 18,947
record. 18,948
(2) Pursuant to a court or administrative order issued 18,950
under section 3111.23 3119.80, 3119.81, 3121.02, 3121.03, or 18,951
3113.21 3123.06 of the Revised Code, the board shall furnish to a 18,953
court or child support enforcement agency the information 18,954
required under that section.
(3) At the written request of any person, the board shall 18,956
provide to the person a list of the names and addresses of 18,957
members, former members, retirants, contributors, former 18,958
432
contributors, or beneficiaries. The costs of compiling, copying, 18,959
and mailing the list shall be paid by such person. 18,960
(4) Within fourteen days after receiving from the director 18,962
of human services a list of the names and social security numbers 18,963
of recipients of public assistance pursuant to section 5101.181 18,964
of the Revised Code, the board shall inform the auditor of state 18,965
of the name, current or most recent employer address, and social 18,966
security number of each member whose name and social security 18,967
number are the same as that of a person whose name or social 18,968
security number was submitted by the director. The board and its 18,969
employees shall, except for purposes of furnishing the auditor of 18,970
state with information required by this section, preserve the 18,971
confidentiality of recipients of public assistance in compliance 18,972
with division (A) of section 5101.181 of the Revised Code. 18,973
(F) A statement that contains information obtained from 18,975
the system's records that is signed by an officer of the 18,976
retirement system and to which the system's official seal is 18,977
affixed, or copies of the system's records to which the signature 18,978
and seal are attached, shall be received as true copies of the 18,979
system's records in any court or before any officer of this 18,980
state. 18,981
Sec. 3307.71. The right of a person to a pension, an 18,990
annuity, or a retirement allowance itself, any optional benefit, 18,992
any other right accrued or accruing to any person, under sections 18,993
3307.01 to 3307.74 of the Revised Code, or the various funds 18,995
created by section 3307.65 of the Revised Code and all moneys and
investments and income thereof, are exempt from any state tax, 18,996
except the tax imposed by section 5747.02 of the Revised Code and 18,998
are exempt from any county, municipal, or other local tax, except 18,999
taxes imposed pursuant to section 5748.02 or 5748.08 of the 19,000
Revised Code and, except as provided in sections 3111.23, 3113.21 19,002
3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and 3307.72 of the 19,004
Revised Code, shall not be subject to execution, garnishment, 19,005
attachment, the operation of bankruptcy or insolvency laws, or 19,006
433
any other process of law whatsoever, and shall be unassignable
except as specifically provided in sections 3111.23, 3113.21 19,007
3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and 3307.01 to 19,008
3307.74 of the Revised Code. 19,009
Sec. 3309.22. (A) The treasurer of state shall furnish 19,018
annually to the school employees retirement board a sworn 19,019
statement of the amount of the funds in the treasurer's custody 19,021
belonging to the school employees retirement system. 19,022
(B)(1) As used in this division, "personal history record" 19,024
means information maintained by the board on a member, former 19,025
member, contributor, former contributor, retirant, or beneficiary 19,026
that includes the address, telephone number, social security 19,027
number, record of contributions, correspondence with the system, 19,028
and other information the board determines to be confidential. 19,029
(2) The records of the board shall be open to public 19,031
inspection, except for the following, which shall be excluded, 19,032
except with the written authorization of the individual 19,033
concerned: 19,034
(a) The individual's statement of previous service and 19,036
other information as provided for in section 3309.28 of the 19,037
Revised Code; 19,038
(b) Any information identifying by name and address the 19,040
amount of a monthly allowance or benefit paid to the individual; 19,041
(c) The individual's personal history record. 19,043
(C) All medical reports and recommendations required by 19,045
the system are privileged except that copies of such medical 19,046
reports or recommendations shall be made available to the 19,047
personal physician, attorney, or authorized agent of the 19,048
individual concerned upon written release received from the 19,049
individual or the individual's agent, or when necessary for the 19,051
proper administration of the fund, to the board assigned 19,052
physician.
(D) Any person who is a contributor of the system shall be 19,054
furnished, on written request, with a statement of the amount to 19,056
434
the credit of the person's account. The board need not answer 19,057
more than one such request of a person in any one year.
(E) Notwithstanding the exceptions to public inspection in 19,059
division (B)(2) of this section, the board may furnish the 19,060
following information: 19,061
(1) If a member, former member, contributor, former 19,063
contributor, or retirant is subject to an order issued under 19,064
section 2907.15 of the Revised Code or is convicted of or pleads 19,065
guilty to a violation of section 2921.41 of the Revised Code, on 19,066
written request of a prosecutor as defined in section 2935.01 of 19,067
the Revised Code, the board shall furnish to the prosecutor the 19,068
information requested from the individual's personal history 19,069
record. 19,070
(2) Pursuant to a court or administrative order issued 19,072
under section 3111.23 3119.80, 3119.81, 3121.02, 3121.03, or 19,073
3113.21 3123.06 of the Revised Code, the board shall furnish to a 19,075
court or child support enforcement agency the information 19,076
required under that section.
(3) At the written request of any person, the board shall 19,078
provide to the person a list of the names and addresses of 19,079
members, former members, retirants, contributors, former 19,080
contributors, or beneficiaries. The costs of compiling, copying, 19,081
and mailing the list shall be paid by such person. 19,082
(4) Within fourteen days after receiving from the director 19,084
of human services a list of the names and social security numbers 19,085
of recipients of public assistance pursuant to section 5101.181 19,086
of the Revised Code, the board shall inform the auditor of state 19,087
of the name, current or most recent employer address, and social 19,088
security number of each contributor whose name and social 19,089
security number are the same as that of a person whose name or 19,090
social security number was submitted by the director. The board 19,091
and its employees shall, except for purposes of furnishing the 19,092
auditor of state with information required by this section, 19,093
preserve the confidentiality of recipients of public assistance 19,094
435
in compliance with division (A) of section 5101.181 of the 19,095
Revised Code. 19,096
(F) A statement that contains information obtained from 19,098
the system's records that is signed by an officer of the 19,099
retirement system and to which the system's official seal is 19,100
affixed, or copies of the system's records to which the signature 19,101
and seal are attached, shall be received as true copies of the 19,102
system's records in any court or before any officer of this 19,103
state. 19,104
Sec. 3309.66. The right of a person to a pension, an 19,113
annuity, or a retirement allowance itself, any optional benefit, 19,114
any other right accrued or accruing to any persons, under 19,115
sections 3309.01 to 3309.68 of the Revised Code, or the various 19,116
funds created by section 3309.60 of the Revised Code and all 19,117
moneys and investments and income thereof, are exempt from any 19,118
state tax, except the tax imposed by section 5747.02 of the 19,119
Revised Code, and are exempt from any county, municipal, or other 19,120
local tax, except taxes imposed pursuant to section 5748.02 or 19,121
5748.08 of the Revised Code and, except as provided in sections 19,122
3111.23, 3113.21 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and 19,124
3309.67 of the Revised Code, shall not be subject to execution, 19,126
garnishment, attachment, the operation of bankruptcy or
insolvency laws, or any other process of law whatsoever, and 19,127
shall be unassignable except as specifically provided in sections 19,128
3111.23, 3113.21 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and 19,129
3309.01 to 3309.68 of the Revised Code. 19,130
Sec. 3319.088. As used in this section, "educational 19,139
assistant" means any nonteaching employee in a school district 19,140
who directly assists a teacher as defined in section 3319.09 of 19,142
the Revised Code, by performing duties for which a license issued 19,144
pursuant to sections 3319.22 to 3319.30 of the Revised Code is
not required. 19,145
(A) The state board of education shall issue educational 19,147
aide permits and educational paraprofessional licenses for 19,148
436
educational assistants and shall adopt rules for the issuance and 19,150
renewal of such permits and licenses which shall be consistent 19,151
with the provisions of this section. Educational aide permits 19,152
and educational paraprofessional licenses may be of several types 19,153
and the rules shall prescribe the minimum qualifications of 19,154
education, health, and character for the service to be authorized 19,155
under each type. The prescribed minimum qualifications may 19,157
require special training or educational courses designed to 19,158
qualify a person to perform effectively the duties authorized 19,159
under an educational aide permit or educational paraprofessional 19,160
license.
(B)(1) Any application for a permit or license, or a 19,162
renewal or duplicate of a permit or license, under this section 19,163
shall be accompanied by the payment of a fee in the amount 19,164
established under division (A) of section 3319.51 of the Revised 19,165
Code. Any fees received under this division shall be paid into 19,166
the state treasury to the credit of the state board of education 19,167
licensure fund established under division (B) of section 3319.51 19,168
of the Revised Code.
(2) Any person applying for or holding a permit or license 19,170
pursuant to this section is subject to SECTIONS 3123.41 TO 19,172
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE AND sections 2301.373, 19,174
3319.31, and 3319.311 of the Revised Code. 19,176
(C) Educational assistants shall at all times while in the 19,179
performance of their duties be under the supervision and
direction of a teacher as defined in section 3319.09 of the 19,180
Revised Code. Educational assistants may assist a teacher to 19,182
whom assigned in the supervision of pupils, in assisting with
instructional tasks, and in the performance of duties which, in 19,183
the judgment of the teacher to whom the assistant is assigned, 19,185
may be performed by a person not licensed pursuant to sections 19,186
3319.22 to 3319.30 of the Revised Code and for which a teaching 19,187
license, issued pursuant to sections 3319.22 to 3319.30 of the 19,190
437
Revised Code is not required. The duties of an educational
assistant shall not include the assignment of grades to pupils. 19,192
The duties of an educational assistants need not be performed in 19,193
the physical presence of the teacher to whom assigned, but the
activity of an educational assistant shall at all times be under 19,195
the direction of the teacher to whom assigned. The assignment of
an educational assistant need not be limited to assisting a 19,196
single teacher. In the event an educational assistant is 19,197
assigned to assist more than one teacher the assignments shall be 19,198
clearly delineated and so arranged that the educational assistant 19,199
shall never be subject to simultaneous supervision or direction 19,200
by more than one teacher. 19,201
Educational assistants assigned to supervise children 19,203
shall, when the teacher to whom assigned is not physically 19,205
present, maintain the degree of control and discipline which 19,206
would be maintained by the teacher, but an educational assistant 19,207
may not render corporal punishment. 19,208
Educational assistants may not be used in place of 19,210
classroom teachers or other employees and any payment of 19,212
compensation by boards of education to educational assistants for 19,213
such services is prohibited. The ratio between the number of 19,215
licensed teachers and the pupils in a school district may not be 19,216
decreased by utilization of educational assistants and no 19,218
grouping, or other organization of pupils, for utilization of 19,220
educational assistants shall be established which is inconsistent 19,221
with sound educational practices and procedures. A school 19,223
district may employ up to one full time equivalent educational 19,224
assistant for each six full time equivalent licensed employees of 19,226
the district. Educational assistants shall not be counted as 19,227
licensed employees for purposes of state support in the school 19,229
foundation program and no grouping or regrouping of pupils with 19,230
educational assistants may be counted as a class or unit for 19,231
school foundation program purposes. Neither special courses 19,232
required by the regulations of the state board of education, 19,233
438
prescribing minimum qualifications of education for an
educational assistant, nor years of service as an educational 19,235
assistant shall be counted in any way toward qualifying for a 19,236
teacher license, for a teacher contract of any type, or for 19,237
determining placement on a salary schedule in a school district 19,238
as a teacher. 19,239
(D) Educational assistants employed by a board of 19,241
education shall have all rights, benefits, and legal protection 19,243
available to other nonteaching employees in the school district, 19,244
except that provisions of Chapter 124. of the Revised Code shall 19,245
not apply to any person employed as an educational assistant, and 19,247
shall be members of the school employees retirement system.
Educational assistants shall be compensated according to a salary 19,248
plan adopted annually by the board. 19,249
Except as provided in this section nonteaching employees 19,251
shall not serve as educational assistants without first obtaining 19,253
an appropriate educational aide permit or educational
paraprofessional license from the state board of education. A 19,255
nonteaching employee who is the holder of a valid educational 19,256
aide permit or educational paraprofessional license shall neither 19,257
render nor be required to render services inconsistent with the
type of services authorized by the permit or license held. No 19,259
person shall receive compensation from a board of education for 19,261
services rendered as an educational assistant in violation of 19,263
this provision.
Nonteaching employees whose functions are solely 19,265
secretarial-clerical and who do not perform any other duties as 19,266
educational assistants, even though they assist a teacher and 19,268
work under the direction of a teacher shall not be required to 19,269
hold a permit or license issued pursuant to this section. 19,270
Students preparing to become licensed teachers or educational 19,271
assistants shall not be required to hold an educational aide 19,273
permit or paraprofessional license for such periods of time as 19,275
such students are assigned, as part of their training program, to 19,276
439
work with a teacher in a school district. Such students shall 19,277
not be compensated for such services.
Following the determination of the assignment and general 19,279
job description of an educational assistant and subject to 19,280
supervision by the teacher's immediate administrative officer, a 19,282
teacher to whom an educational assistant is assigned shall make 19,283
all final determinations of the duties to be assigned to such 19,284
assistant. Teachers shall not be required to hold a license 19,285
designated for being a supervisor or administrator in order to 19,287
perform the necessary supervision of educational assistants. 19,288
(E) No person who is, or who has been employed as an 19,290
educational assistant shall divulge, except to the teacher to 19,292
whom assigned, or the administrator of the school in the absence
of the teacher to whom assigned, or when required to testify in a 19,293
court or proceedings, any personal information concerning any 19,294
pupil in the school district which was obtained or obtainable by 19,295
the educational assistant while so employed. Violation of this 19,297
provision is grounds for disciplinary action or dismissal, or
both. 19,298
Sec. 3319.29. Each application for any license or 19,307
certificate pursuant to section 3319.22 to 3319.28 of the Revised 19,309
Code or for any permit pursuant to section 3319.301 of the 19,310
Revised Code, or renewal or duplicate of such a license, 19,311
certificate, or permit, shall be accompanied by the payment of a 19,312
fee in the amount established under division (A) of section 19,314
3319.51 of the Revised Code. Any fees received under this 19,315
section shall be paid into the state treasury to the credit of 19,316
the state board of education licensure fund established under 19,317
division (B) of section 3319.51 of the Revised Code.
Any person applying for or holding a license, certificate, 19,320
or permit pursuant to this section and sections 3319.22 to 19,321
3319.28 or 3319.301 of the Revised Code is subject to SECTIONS 19,323
3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES
ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE AND sections 19,325
440
2301.373, 3319.31, and 3319.311 of the Revised Code. 19,326
Sec. 3319.31. (A) As used in this section and sections 19,335
2301.373 3123.41 TO 3123.50 and 3319.311 of the Revised Code, 19,337
"license" means a certificate, license, or permit described in 19,338
division (B) of section 3301.071 or in section 3301.074, 19,339
3319.088, or 3319.29 of the Revised Code. 19,340
(B) For any of the following reasons, the state board of 19,342
education, in accordance with Chapter 119. and section 3319.311 19,343
of the Revised Code, may refuse to issue a license to an 19,345
applicant, may limit a license it issues to an applicant, or may 19,346
suspend, revoke, or limit a license that has been issued to any 19,347
person:
(1) Engaging in an immoral act, incompetence, negligence, 19,349
or conduct that is unbecoming to the applicant's or person's 19,350
position;
(2) A plea of guilty to, a finding of guilt by a jury or 19,352
court of, or a conviction of any of the following: 19,353
(a) A felony; 19,355
(b) A violation of section 2907.04 or 2907.06 or division 19,358
(A) or (C) of section 2907.07 of the Revised Code;
(c) An offense of violence; 19,360
(d) A theft offense, as defined in section 2913.01 of the 19,362
Revised Code; 19,363
(e) A drug abuse offense, as defined in section 2925.01 of 19,366
the Revised Code, that is not a minor misdemeanor;
(f) A violation of an ordinance of a municipal corporation 19,368
that is substantively comparable to an offense listed in 19,369
divisions (B)(2)(a) to (e) of this section. 19,370
(C) The state board may take action under division (B) of 19,372
this section on the basis of substantially comparable conduct 19,373
occurring in a jurisdiction outside this state or occurring 19,374
before a person applies for or receives any license. 19,375
(D) The state board may adopt rules in accordance with 19,377
Chapter 119. of the Revised Code to carry out this section and 19,378
441
section 3319.311 of the Revised Code. 19,379
Sec. 3319.312. On receipt of a notice pursuant to section 19,389
2301.373 3123.43 of the Revised Code, the state board of 19,390
education shall comply with that section SECTIONS 3123.41 TO 19,392
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 19,394
certificate or permit issued pursuant to this chapter. 19,396
Sec. 3332.031. The state board of proprietary school 19,406
registration shall:
(A) Adopt rules under Chapter 119. of the Revised Code 19,408
necessary to carry out its duties and responsibilities under this 19,409
chapter; 19,410
(B) Establish minimum standards for the registration and 19,412
operation of private career schools including but not necessarily 19,413
limited to standards to ensure school financial stability; 19,414
(C) Issue certificates of registration to private career 19,416
schools pursuant to division (A) of section 3332.05 of the 19,417
Revised Code; 19,418
(D) Suspend or revoke the certificate of registration of 19,420
schools pursuant to sections 3332.09 and 3332.091 of the Revised 19,421
Code; 19,422
(E) Establish minimum standards for certificate, diploma, 19,424
and degree programs offered by schools; 19,425
(F) Issue program authorization pursuant to divisions (B) 19,427
and (C) of section 3332.05 of the Revised Code; 19,428
(G) Suspend or revoke program authorization for schools 19,430
pursuant to sections 3332.09 and 3332.091 of the Revised Code; 19,431
(H) Establish minimum standards, including but not 19,433
necessarily limited to a code of ethics, for agents employed by 19,434
schools registered under this chapter to reasonably ensure that 19,435
such agents provide adequate, ethical, and accurate information 19,436
to prospective students; 19,437
(I) Grant permits to agents pursuant to sections 3332.10 19,439
and 3332.11 of the Revised Code; 19,440
442
(J) Suspend or revoke an agent's permit pursuant to 19,442
section 2301.373 3123.47 or 3332.12 of the Revised Code; 19,443
(K) Monitor recruitment and admissions practices of 19,445
schools holding certificates of registration to ensure compliance 19,446
with this chapter and the rules of the board; 19,447
(L)(1) Adopt rules requiring all schools to provide all 19,449
applicant students, prior to their signing enrollment agreements, 19,450
written information concerning the school's graduation and 19,451
placement rates for each of the preceding three years and any 19,452
other information the board deems pertinent. 19,453
(2) Adopt rules requiring all schools to provide any 19,455
student or applicant student, prior to the signing of any 19,456
financial aid, grant, or loan application, written information 19,457
concerning the obligations of a student obtaining such financial 19,458
aid, grant, or loan. 19,459
(3) Upon request, a school shall furnish the board with a 19,461
copy of all information required by this division. The board 19,462
shall monitor schools to ensure their compliance with this 19,463
division. 19,464
(M) Adopt a rule requiring all schools to include, in the 19,466
enrollment agreement, notice that any problems the student is 19,468
having with the school, or complaints the student has about the 19,469
school, may be directed to the board, which notice shall include 19,470
the telephone number of the executive director of the board; 19,471
(N) Report annually to the governor and the general 19,473
assembly on the activities of the board and private career 19,474
schools, and make legislative recommendations when necessary to 19,475
enable the board to better serve the student population and the 19,476
schools registered under this chapter; 19,477
(O) Adopt a rule requiring a uniform tuition refund policy 19,479
for all schools subject to this chapter. In adopting the rule, 19,480
the board shall consider the tuition refund policies effectuated 19,481
by state-supported colleges and universities. Each school 19,482
subject to this chapter shall furnish to each prospective 19,483
443
student, prior to his THE signing OF an enrollment agreement, a 19,485
copy of the tuition refund policy. 19,486
(P) Adopt a rule establishing minimum standards for all 19,488
faculty and instructional staff in all instructional programs at 19,489
a school. In the case of full-time faculty members employed for 19,490
degree programs, such standards shall include all of the 19,491
following: 19,492
(1) A prohibition against employing on or after July 1, 19,494
1993, any new full-time faculty member to teach the general study 19,495
portion of any degree program, unless the person holds a master's 19,496
degree in the subject matter discipline or holds a master's 19,497
degree in education with proficiency in the subject matter 19,498
discipline demonstrated in accordance with the standards adopted 19,499
by the board. 19,500
(2) Except as provided under the standards adopted 19,502
pursuant to division (P)(3) of this section, a prohibition 19,503
against employing or reemploying on or after July 1, 1998, any 19,504
full-time faculty member to teach the general study portion of 19,505
any degree program, unless the person holds a master's degree in 19,506
the subject matter discipline or holds a master's degree in 19,507
education with proficiency in the subject matter discipline 19,508
demonstrated in accordance with the standards adopted by the 19,509
board. 19,510
(3) Standards under which the board, upon written request 19,512
submitted to the board prior to July 1, 1994, by any school, may 19,513
exempt the school from the prohibition adopted pursuant to 19,514
division (P)(2) of this section with regard to any individual 19,515
full-time faculty member employed by the school who has 19,516
demonstrated outstanding teaching performance in the general 19,517
study portion of any degree program at the school for a period of 19,518
at least six years prior to July 1, 1993. 19,519
(4) Definitions of "full-time faculty member," "new 19,521
faculty member," and any other term the board considers necessary 19,522
to define. 19,523
444
(Q) Adopt a rule prohibiting a school or branch campus 19,525
thereof from claiming accreditation from an accrediting agency in 19,526
any of its advertising, recruiting, or promotional materials 19,527
unless the agency is recognized as an accrediting agency by the 19,528
United States department of education. 19,529
Sec. 3332.18. On receipt of a notice pursuant to section 19,539
2301.373 3123.43 of the Revised Code, the state board of 19,540
proprietary school registration shall comply with that section 19,541
SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 19,542
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 19,543
CODE with respect to a permit issued pursuant to this chapter. 19,545
Sec. 3705.09. (A) A birth certificate for each live birth 19,554
in this state shall be filed in the registration district in 19,555
which it occurs within ten days after such birth and shall be 19,556
registered if it has been completed and filed in accordance with 19,557
this section. 19,558
(B) When a birth occurs in or en route to an institution, 19,560
the person in charge of the institution or a designated 19,561
representative shall obtain the personal data, prepare the 19,562
certificate, secure the signatures required, and file the 19,563
certificate within ten days with the local registrar of vital 19,564
statistics. The physician in attendance shall provide the 19,565
medical information required by the certificate and certify to 19,566
the facts of birth within seventy-two hours after the birth. 19,567
(C) When a birth occurs outside an institution, the birth 19,569
certificate shall be prepared and filed by one of the following 19,570
in the indicated order of priority: 19,571
(1) The physician in attendance at or immediately after 19,573
the birth; 19,574
(2) Any other person in attendance at or immediately after 19,576
the birth; 19,577
(3) The father; 19,579
(4) The mother; 19,581
(5) The person in charge of the premises where the birth 19,583
445
occurred. 19,584
(D) Either of the parents of the child or other informant 19,586
shall attest to the accuracy of the personal data entered on the 19,587
birth certificate in time to permit the filing of the certificate 19,588
within the ten days prescribed in this section. 19,589
(E) When a birth occurs in a moving conveyance within the 19,591
United States and the child is first removed from the conveyance 19,592
in this state, the birth shall be registered in this state and 19,593
the place where it is first removed shall be considered the place 19,594
of birth. When a birth occurs on a moving conveyance while in 19,595
international waters or air space or in a foreign country or its 19,596
air space and the child is first removed from the conveyance in 19,597
this state, the birth shall be registered in this state but the 19,598
record shall show the actual place of birth insofar as can be 19,599
determined. 19,600
(F)(1) If the mother of a child was married at the time of 19,602
either conception or birth or between conception and birth, the 19,603
child shall be registered in the surname designated by the 19,604
mother, and the name of the husband shall be entered on the 19,605
certificate as the father of the child. The presumption of 19,606
paternity shall be in accordance with section 3111.03 of the 19,607
Revised Code. 19,608
(2) If the mother was not married at the time of 19,610
conception or birth or between conception and birth, the child 19,611
shall be registered by the surname designated by the mother. The 19,612
name of the father of such child shall also be inserted on the 19,613
birth certificate if both the mother and the father sign an 19,614
acknowledgement of paternity affidavit before the birth record 19,616
has been sent to the local registrar. If the father is not named 19,617
on the birth certificate pursuant to division (F)(1) or (2) of 19,618
this section, no other information about the father shall be 19,620
entered on the record.
(G) When a man is presumed or found to be the father of a 19,622
child, according to sections 3111.01 to 3111.19 3111.18, former 19,624
446
section 3111.21, or section 3111.22 SECTIONS 3111.38 TO 3111.54 19,625
of the Revised Code, or the father has acknowledged the child as 19,629
his child in an acknowledgment of paternity, and the 19,630
acknowledgment has become final pursuant to section 2151.232, 19,631
3111.211 3111.25, or 5101.314 3111.821 of the Revised Code, and 19,633
documentary evidence of such fact is submitted to the department 19,634
of health in such form as the director may require, a new birth 19,635
record shall be issued by the department which shall have the 19,636
same overall appearance as the record which would have been 19,637
issued under this section if a marriage had occurred before the 19,638
birth of such child. Where handwriting is required to effect 19,639
such appearance, the department shall supply it. Upon the 19,640
issuance of such new birth record, the original birth record 19,641
shall cease to be a public record. Except as provided in 19,643
division (C) of section 3705.091 of the Revised Code, the 19,644
original record and any documentary evidence supporting the new 19,645
registration of birth shall be placed in an envelope which shall 19,646
be sealed by the department and shall not be open to inspection 19,647
or copy unless so ordered by a court of competent jurisdiction. 19,648
The department shall then promptly forward a copy of the 19,650
new birth record to the local registrar of vital statistics of 19,651
the district in which the birth occurred, and such local 19,652
registrar shall file a copy of such new birth record along with 19,653
and in the same manner as the other copies of birth records in 19,654
such local registrar's possession. All copies of the original 19,655
birth record in the possession of the local registrar or the 19,656
probate court, as well as any and all index references to it, 19,657
shall be destroyed. Such new birth record, as well as any 19,658
certified or exact copy of it, when properly authenticated by a 19,659
duly authorized person shall be prima-facie evidence in all 19,660
courts and places of the facts stated in it. 19,661
(H) When a woman who is a legal resident of this state has 19,663
given birth to a child in a foreign country that does not have a 19,664
system of registration of vital statistics, a birth record may be 19,665
447
filed in the office of vital statistics on evidence satisfactory 19,666
to the director of health. 19,667
(I) Every birth certificate filed under this section on or 19,669
after July 1, 1990, shall be accompanied by all social security 19,670
numbers that have been issued to the parents of the child, unless 19,671
the bureau of child support in the department of human services, 19,672
acting in accordance with regulations prescribed under the 19,673
"Family Support Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 405, as 19,674
amended, finds good cause for not requiring that the numbers be 19,675
furnished with the certificate. The parents' social security 19,676
numbers shall not be recorded on the certificate. The local 19,677
registrar of vital statistics shall transmit the social security 19,678
numbers to the state office of vital statistics in accordance 19,679
with section 3705.07 of the Revised Code. No social security 19,680
number obtained under this division shall be used for any purpose 19,681
other than child support enforcement. 19,682
Sec. 3705.091. (A) If the natural mother and alleged 19,691
father of a child sign an acknowledgment of paternity affidavit 19,692
prepared pursuant to section 5101.324 3111.31 of the Revised Code 19,694
with respect to that child at the office of the local registrar, 19,696
the local registrar shall provide a notary public to notarize the 19,697
acknowledgment. The local registrar shall send a signed and 19,698
notarized acknowledgment of paternity to the division OFFICE of 19,699
child support in the department of human services pursuant to 19,701
section 5101.314 3111.22 of the Revised Code. The local 19,703
registrar shall send the acknowledgment no later than ten days 19,704
after it has been signed and notarized. If the local registrar 19,705
knows a man is presumed under section 3111.03 of the Revised Code 19,707
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 19,708
WITH RESPECT TO THE CHILD, the local registrar shall not notarize 19,710
or send an THE acknowledgment with respect to the child pursuant 19,712
to this section.
(B) The local registrar of vital statistics shall provide 19,714
448
an acknowledgment of paternity affidavit described in division 19,715
(A) of this section to any person that requests it. 19,716
(C) The department of health shall store all 19,719
acknowledgments of paternity affidavits it receives pursuant to 19,720
section 5101.314 3111.24 of the Revised Code. The department of 19,721
health shall send to the division OFFICE any acknowledgment the 19,722
department is storing that the division OFFICE requests. The 19,724
department of health shall adopt rules pursuant to Chapter 119. 19,726
of the Revised Code to govern the method of storage of the 19,727
acknowledgments and to implement this section.
(D) The department of health and the department of human 19,730
services shall enter into an agreement regarding expenses 19,731
incurred by the department of health in comparing acknowledgment 19,732
of paternity affidavits to birth records and storage of 19,733
acknowledgment of paternity affidavits.
Sec. 3710.19. On receipt of a notice pursuant to section 19,743
2301.373 3123.43 of the Revised Code, the department of health 19,744
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 19,746
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 19,747
3123.63 OF THE REVISED CODE with respect to a license or 19,748
certificate issued pursuant to this chapter.
Sec. 3719.82. On receipt of a notice pursuant to section 19,758
2301.373 3123.43 of the Revised Code, the state board of pharmacy 19,759
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 19,761
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 19,762
3123.63 OF THE REVISED CODE with respect to a license issued 19,763
pursuant to this chapter.
Sec. 3723.18. On receipt of a notice pursuant to section 19,773
2301.373 3123.43 of the Revised Code, the director of health 19,774
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 19,776
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 19,777
3123.63 OF THE REVISED CODE with respect to a license issued 19,778
pursuant to this chapter.
Sec. 3727.17. Each hospital shall provide a staff person 19,787
449
to do all of the following: 19,788
(A) Meet with each unmarried mother who gave birth in or 19,790
en route to the hospital within twenty-four hours after the birth 19,791
or before the mother is released from the hospital; 19,792
(B) Attempt to meet with the father of the unmarried 19,794
mother's child if possible; 19,795
(C) Explain to the unmarried mother and the father, if the 19,797
father is present, the benefit to the child of establishing a 19,798
parent and child relationship between the father and the child 19,799
and the various proper procedures for establishing a parent and 19,800
child relationship; 19,801
(D) Present to the unmarried mother and, if possible, the 19,803
father, the pamphlet or statement regarding the rights and 19,804
responsibilities of a natural parent prepared by the department 19,805
of human services pursuant to section 5101.324 3111.32 of the 19,806
Revised Code; 19,807
(E) Provide the unmarried mother, and if possible the 19,809
father, all forms and statements necessary to voluntarily 19,812
establish a parent and child relationship, including the 19,813
acknowledgment of paternity form prepared by the department of 19,814
human services pursuant to section 5101.324 3111.31 of the 19,815
Revised Code and required under section 5101.314 of the Revised 19,817
Code; 19,818
(F) Upon both the mother's and father's request, help the 19,820
mother and father complete any specific form or statement 19,821
necessary to establish a parent and child relationship; 19,822
(G) Present to an unmarried mother who is not a recipient 19,824
of medicaid or a participant in Ohio works first an application 19,825
for Title IV-D services; 19,826
(H) Mail the voluntary acknowledgment of paternity, no 19,829
later than ten days after it is completed, to the division OFFICE 19,830
of child support in the department of human services. 19,831
Each hospital shall provide a notary public to notarize an 19,833
acknowledgment of paternity signed by the mother and father. If 19,835
450
a hospital knows or determines that a man is presumed under 19,836
section 3111.03 of the Revised Code to be the father of the child 19,837
described in this section AND THAT THE PRESUMED FATHER IS NOT THE 19,838
MAN WHO SIGNED OR IS ATTEMPTING TO SIGN AN ACKNOWLEDGMENT WITH 19,839
RESPECT TO THE CHILD, the hospital shall take no further action 19,841
with regard to an THE acknowledgment and shall not mail an THE 19,842
acknowledgment with respect to the child pursuant to this 19,843
section. 19,844
A hospital may contract with a person or government entity 19,847
to fulfill its responsibilities under this section and section 19,848
2301.357 SECTIONS 3111.71 TO 3111.74 of the Revised Code. 19,850
Services provided by a hospital under this section or pursuant to 19,851
a contract under section 2301.357 3111.27 of the Revised Code do 19,853
not constitute the practice of law. A hospital shall not be 19,854
subject to criminal or civil liability for any damage or injury 19,855
alleged to result from services provided pursuant to this section 19,856
or section 2301.357 SECTIONS 3111.71 TO 3111.74 of the Revised 19,858
Code unless the hospital acted with malicious purpose, in bad 19,860
faith, or in a wanton or reckless manner. 19,861
Sec. 3737.883. On receipt of a notice pursuant to section 19,871
2301.373 3123.43 of the Revised Code, the state fire marshal 19,872
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 19,874
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 19,875
3123.63 OF THE REVISED CODE with respect to a certificate issued 19,876
pursuant to section 3737.34, 3737.65, 3737.83, or 3737.881 of the 19,877
Revised Code.
Sec. 3742.20. On receipt of a notice pursuant to section 19,887
2301.373 3123.43 of the Revised Code, the director of health 19,888
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 19,891
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 19,892
3123.63 OF THE REVISED CODE with respect to a license issued 19,894
pursuant to this chapter.
Sec. 3701.915 3748.121. On receipt of a notice pursuant to 19,903
section 2301.373 3123.43 of the Revised Code, the director of 19,904
451
health shall comply with that section SECTIONS 3123.41 TO 3123.50 19,907
OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER
SECTION 3123.63 OF THE REVISED CODE with respect to a certificate 19,909
issued pursuant to section 3701.913 3748.12 of the Revised Code. 19,911
Sec. 3770.07. (A)(1) Lottery prize awards shall be 19,920
claimed by the holder of the winning lottery ticket, or by the 19,921
executor or administrator, or the trustee of a trust, of the 19,922
estate of a deceased holder of a winning ticket, in a manner to 19,924
be determined by the state lottery commission, within one hundred 19,925
eighty days after the date on which such prize award was 19,926
announced if the lottery game is an on-line game, and within one 19,927
hundred eighty days after the close of the game if the lottery 19,928
game is an instant game. Except as otherwise provided in 19,929
division (B) of this section, if no valid claim to the prize 19,930
award is made within the prescribed period, the prize money or 19,931
the cost of goods and services awarded as prizes, or if such 19,932
goods or services are resold by the commission, the proceeds from 19,933
such sale, shall be returned to the state lottery fund and 19,934
distributed in accordance with section 3770.06 of the Revised 19,935
Code.
(2) If a person entitled to a prize award is under 19,937
eighteen years of age, or is under some other legal disability, 19,938
and the prize money or the cost of goods or services awarded as a 19,939
prize exceeds one thousand dollars, the director shall order that 19,940
payment be made to the order of the legal guardian of such 19,941
winning ticket holder. If the amount of the prize money or the 19,942
cost of goods or services awarded as a prize is one thousand 19,943
dollars or less, the director may order that payment be made to 19,944
the order of the adult member, if any, of such winning ticket 19,945
holder's family legally responsible for the care of such winning 19,946
person. 19,947
(3) No right of any person to a prize award shall be the 19,949
subject of a security interest or used as collateral. 19,950
(4) No right of any person to a prize award shall be 19,952
452
assignable, or subject to garnishment, attachment, execution, 19,953
withholding, or deduction, except as follows: as provided in 19,954
sections 3111.23 3119.80, 3119.81, 3121.02, 3121.03, and 3113.21 19,956
3123.06 of the Revised Code; when the payment is to be made to 19,958
the executor or administrator or the trustee of a trust of the 19,959
estate of a winning ticket holder; when the award of a prize is 19,960
disputed, any person may be awarded a prize award to which 19,961
another has claimed title, pursuant to the order of a court of 19,962
competent jurisdiction; or when the director is to make a payment 19,963
pursuant to section 3770.071 of the Revised Code. 19,964
The commission shall adopt rules pursuant to section 19,966
3770.03 of the Revised Code concerning the payment of prize 19,967
awards upon the death of a prize winner. Upon the death of a 19,968
prize winner, the remainder of the prize winner's prize award may 19,970
be paid to the executor, administrator, or trustee in the form of 19,971
a discounted lump sum cash settlement.
(5) No lottery prize award shall be awarded to or for any 19,973
officer or employee of the state lottery commission, any officer 19,974
or employee of the auditor of state actively coordinating and 19,975
certifying commission drawings, or any blood relative or spouse 19,977
of such officer or employee of the commission or auditor of state 19,978
living as a member of such officer's or employee's household, nor 19,979
shall any such employee, blood relative, or spouse attempt to 19,980
claim a lottery prize award. 19,981
(6) The director may prohibit vendors to the commission 19,983
and their employees from being awarded a lottery prize award. 19,984
(7) Upon the payment of prize awards pursuant to this 19,987
section the director and the commission are discharged from all 19,988
further liability therefor.
(B) The commission may adopt rules governing the 19,990
disbursement of unclaimed prize awards as all or part of the 19,991
prize award in a lottery and may, pursuant to those rules, 19,992
conduct the lottery and disburse any such unclaimed prize awards. 19,993
Any lottery in which all or any part of the prize award is paid 19,994
453
from unclaimed prize awards shall be conducted in accordance with 19,995
all of the other requirements of this chapter, including, but not 19,996
limited to, the time and proof requirements for claiming awards 19,997
and the disposition of unclaimed prize awards when the prescribed 19,998
period for claiming the award has passed. A prize award or any 19,999
part of a prize award that is paid from an unclaimed prize award 20,000
shall not be reapplied toward the satisfaction of the requirement 20,001
of division (A) of section 3770.06 of the Revised Code that at 20,002
least fifty per cent of the total revenues from ticket sales be 20,003
disbursed for monetary prize awards, if such unclaimed prize 20,004
award was previously applied toward the satisfaction of that 20,005
requirement. On or before the last day of January and July each 20,006
year, the commission shall report to the general assembly the 20,007
gross sales and net profits the commission obtained from the 20,008
unclaimed prize awards in lotteries conducted pursuant to this 20,009
division during the preceding two calendar quarters, including 20,010
the amount of money produced by the games funded by the unclaimed 20,011
prize awards and the total revenue accruing to the state from the 20,012
prize award lotteries conducted pursuant to this division. 20,013
There is hereby established in the state treasury the 20,015
unclaimed lottery prizes fund, to which all unclaimed prize 20,016
awards shall be transferred. Any interest which accrues on the 20,017
amounts in the fund shall become a part of the fund and shall be 20,018
subject to any rules adopted by the commission governing the 20,019
disbursement of unclaimed prize awards. 20,020
Sec. 3770.071. (A) If the amount of the prize money or 20,029
the cost of goods or services awarded as a lottery prize award is 20,030
six hundred dollars or more, the director of the state lottery 20,031
commission, or the director's designee, shall require the person 20,032
entitled to the prize award to affirm in writing, under oath, 20,033
whether or not the person is in default under a support order. 20,034
The director or the director's designee also may take any 20,035
additional appropriate steps to determine if the person entitled 20,036
to the prize award is in default under a support order. If the 20,037
454
person entitled to the prize award affirms that the person is in 20,038
default under a support order, or if the director or the 20,039
director's designee determines that the person is in default 20,040
under a support order, the director or the director's designee 20,041
shall temporarily withhold payment of the prize award and inform 20,042
the court that issued the support order that the person is 20,044
entitled to a prize award, of the amount of the prize award, and, 20,045
if the prize award is to be paid in annual installments, of the 20,046
number of installments. 20,047
After receipt of the notice from the director or the 20,049
director's designee, the court shall give the person notice of 20,051
the director's notice, schedule a hearing to determine if the 20,052
person is in default and the amount of the default, and give the 20,053
person notice of the date, time, and location of the hearing. If 20,054
the court at the hearing determines that the person is in 20,055
default, it shall issue an order to the director at lottery 20,056
commission headquarters requiring the director or the director's 20,057
designee to deduct from any unpaid prize award or any annual 20,058
installment payment of the prize award, a specified amount for 20,059
child support or spousal support in satisfaction of the support 20,060
order under which the person is in default. To the extent 20,061
possible, the amount specified to be deducted under the order 20,062
issued under this section shall satisfy the amount ordered for 20,063
support or spousal support in the support order under which the 20,064
person is in default. Within thirty days after the date on which 20,065
the court issues the order under this section to the director, 20,066
the director shall pay the amount specified in that order to the 20,067
division OFFICE of child support in the department of human 20,068
services. If the prize award is to be paid in annual 20,070
installments, the director or the director's designee, on the 20,071
date the installment payment is due, shall pay the amount 20,072
specified in the court order issued under this section from that 20,073
installment and, if necessary, any subsequent annual 20,074
installments, at the time such installments become due and owing 20,075
455
to the prize winner, to the division OFFICE of child support. 20,076
(B) As used in this section, "support order" and "default" 20,078
have the same meanings as in section 2301.34 3121.01 of the 20,079
Revised Code. 20,080
(C) No person shall knowingly make a false affirmation or 20,082
oath required by division (A) of this section. 20,083
Sec. 3773.36. Upon the proper filing of an application to 20,091
conduct public boxing or wrestling matches or exhibitions, 20,092
accompanied by the cash bond, certified check, bank draft, or 20,094
surety bond required by section 3773.35, and the application fee 20,095
required by section 3773.43 of the Revised Code, the Ohio 20,096
athletic commission shall issue a promoter's license to the 20,097
applicant if it finds that the applicant is not in default on any 20,098
payment, obligation, or debt payable to the state under sections 20,099
3773.31 to 3773.57 of the Revised Code, is financially 20,100
responsible, and is knowledgeable in the proper conduct of such 20,101
matches or exhibitions. 20,102
Each license issued pursuant to this section shall bear the 20,104
name of the licensee, the post office address of the licensee, 20,105
the date of issue, a serial number designated by the commission, 20,106
the seal of the commission, and the signature of the commission 20,108
chairperson.
A promoter's license shall expire twelve months after its 20,110
date of issuance and shall become invalid on that date unless 20,111
renewed. A promoter's license may be renewed upon application to 20,112
the commission and upon payment of the renewal fee prescribed in 20,113
section 3773.43 of the Revised Code. The commission shall renew 20,114
the license unless it denies the application for renewal for one 20,115
or more reasons stated in section 2301.373 3123.47 or 3773.53 of 20,117
the Revised Code. 20,118
Sec. 3773.42. Upon the proper filing of an application for 20,126
a referee's, judge's, matchmaker's, timekeeper's, manager's, 20,127
trainer's, contestant's, or second's license and payment of the 20,128
applicable application fee, the Ohio athletic commission shall 20,129
456
issue the license to the applicant if it determines that the 20,131
applicant is of good moral character, is not likely to engage in 20,132
acts detrimental to the fair and honest conduct of public boxing 20,133
matches or exhibitions, and is qualified to hold such a license 20,134
by reason of the applicant's knowledge and experience. 20,135
A person shall not be determined to possess the knowledge 20,137
and experience necessary to qualify that person to hold a 20,138
referee's license unless all of the following conditions are met: 20,139
(A) The person has completed such referee training 20,141
requirements as the commission prescribes by rule; 20,142
(B) The person possesses such experience requirements as 20,144
the commission prescribes by rule; 20,145
(C) The person has obtained a passing grade on an 20,147
examination administered by the commission and designed to test 20,148
the examinee's knowledge of the rules of the particular sport 20,149
that the person seeks to referee, the commission's rules 20,151
applicable to the conduct of matches and exhibitions in the 20,152
particular sport that the person seeks to referee, and such other
aspects of officiating as the commission determines appropriate 20,154
to its determination as to whether the applicant possesses the 20,155
qualifications and capabilities to act as a referee. 20,156
The commission shall issue a referee's license to each 20,159
person who meets the requirements of divisions (A) to (C) of this
section. 20,160
If upon the proper filing of an application for a 20,162
contestant's license the commission determines that the applicant 20,163
is of good moral character, is not likely to engage in acts 20,165
detrimental to the conduct of public boxing matches or
exhibitions, and possesses sufficient knowledge and experience 20,166
and, in the opinion of the licensed physician who examined the 20,167
applicant pursuant to section 3773.41 of the Revised Code, is 20,168
physically fit to engage in public boxing matches or exhibitions, 20,169
the commission shall issue the license to the applicant. 20,170
Each license issued pursuant to this section shall bear the 20,172
457
correct name and ring or assumed name, if any, of the licensee, 20,173
the address of the licensee, the date of issue, a serial number 20,174
designated by the commission, the seal of the commission, and the 20,175
signature of the commission chairperson. 20,176
A license issued pursuant to this section shall expire 20,178
twelve months after its date of issue unless renewed. Upon 20,179
application for renewal and payment of the renewal fee prescribed 20,180
in section 3773.43 of the Revised Code, the commission shall 20,181
renew the license unless it denies the application for one or 20,182
more reasons stated in section 2301.373 3123.47 or 3773.53 of the 20,183
Revised Code. If the application is for renewal of a 20,185
contestant's license, the commission shall also require the 20,186
applicant to submit the results of a physical examination that a 20,187
licensed physician conducted not more than sixty days prior to 20,188
the date of the application.
Sec. 3773.59. On receipt of a notice pursuant to section 20,198
2301.373 3123.43 of the Revised Code, the Ohio athletic 20,199
commission shall comply with that section SECTIONS 3123.41 TO 20,200
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 20,202
license issued pursuant to this chapter. 20,203
Sec. 3783.09. On receipt of a notice pursuant to section 20,213
2301.373 3123.43 of the Revised Code, the board of building 20,214
standards shall comply with that section SECTIONS 3123.41 TO 20,216
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 20,218
certificate issued pursuant to this chapter. 20,219
Sec. 3905.53. On receipt of a notice pursuant to section 20,229
2301.373 3123.43 of the Revised Code, the superintendent of 20,230
insurance shall comply with that section SECTIONS 3123.41 TO 20,232
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 20,234
license issued pursuant to this chapter. 20,235
Sec. 3921.281 3921.331. On receipt of a notice pursuant to 20,244
458
section 2301.373 3123.43 of the Revised Code, the superintendent 20,246
of insurance shall comply with that section SECTIONS 3123.41 TO 20,248
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 20,250
license issued pursuant to this chapter. 20,251
Sec. 3924.48. (A) If a parent of a child is required by a 20,260
court or administrative order to provide health care coverage for 20,261
the child, and if the parent is eligible for family health care 20,262
coverage provided by a health insurer, the health insurer shall 20,263
do both of the following: 20,264
(1) If the child is otherwise eligible for the coverage, 20,266
permit the parent to enroll the child under the family coverage 20,267
without regard to any enrollment period restrictions; 20,268
(2) If the parent is enrolled under the coverage but fails 20,270
to make application to obtain coverage for the child, enroll the 20,271
child under the family coverage upon application of the child's 20,272
other parent or pursuant to a child support order containing 20,274
provisions in compliance with section 3111.241 or 3113.217 20,276
SECTIONS 3119.30 TO 3119.58 of the Revised Code. 20,277
(B) The health insurer shall not terminate the child's 20,279
coverage unless the health insurer is provided satisfactory 20,280
written evidence of either of the following: 20,281
(1) The court or administrative order is no longer in 20,283
effect. 20,284
(2) The child is or will be enrolled under comparable 20,286
health care coverage provided by another health insurer, which 20,287
coverage will take effect not later than the effective date of 20,288
the termination of the current coverage. 20,289
(C) As used in this section, "child support order" has the 20,292
same meaning as in section 2301.373 3119.01 of the Revised Code. 20,294
Sec. 3924.49. (A) If a parent of a child is required by a 20,303
court or administrative order to provide health care coverage for 20,304
the child, which coverage is available through an employer doing 20,305
business in this state, the employer shall do all of the 20,306
459
following: 20,307
(1) If the child is otherwise eligible for the family 20,309
coverage, permit the parent to enroll the child under the 20,310
coverage without regard to any enrollment period restrictions; 20,311
(2) If the parent is enrolled under the coverage but fails 20,313
to make application to obtain coverage for the child, enroll the 20,314
child under the family coverage upon application of the child's 20,315
other parent or pursuant to a child support order containing 20,317
provisions in compliance with section 3111.241 or 3113.217 20,319
SECTIONS 3119.30 TO 3119.58 of the Revised Code; 20,320
(3) Withhold from the employee's compensation the 20,322
employee's share of premiums for the health care coverage, if 20,323
any, and pay that amount to the health insurer providing the 20,324
coverage. 20,325
(B) The employer shall not terminate the child's coverage 20,327
unless the employer has eliminated family coverage for all of its 20,328
employees or unless the employer is provided satisfactory written 20,329
evidence of either of the following: 20,330
(1) The court or administrative order is no longer in 20,332
effect. 20,333
(2) The child is or will be enrolled under comparable 20,335
health care coverage that will take effect not later than the 20,336
effective date of the termination of the current coverage. 20,337
(C) As used in this section, "child support order" has the 20,339
same meaning as in section 2301.373 3119.01 of the Revised Code. 20,340
Sec. 3931.13. On receipt of a notice pursuant to section 20,349
2301.373 3123.43 of the Revised Code, the superintendent of 20,351
insurance shall comply with that section SECTIONS 3123.41 TO 20,353
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 20,355
license issued pursuant to this chapter.
Sec. 3941.02. (A) A domestic mutual company may be 20,364
organized by not less than twenty persons, to carry on the 20,365
business of mutual insurance and to reinsure and to accept 20,366
460
reinsurance as authorized by law and its articles of 20,367
incorporation. Such persons shall execute articles of 20,368
incorporation which, if not inconsistent with the constitution 20,369
and laws of this state and of the United States, shall be 20,370
approved by the attorney general and the secretary of state. The 20,371
articles and the certificate of approval by the attorney general 20,372
shall be recorded by the secretary of state who shall deposit a 20,373
copy thereof with the superintendent of insurance. 20,374
(B) If the articles of incorporation of a domestic, 20,376
foreign, or alien, mutual or stock insurance company empower it, 20,377
or if the power of attorney or subscribers' agreement empowers 20,378
the attorney in fact of a reciprocal or interinsurance exchange, 20,379
to transact any of the kinds of insurance described in division 20,380
(A) of section 3929.01 of the Revised Code, such company or 20,381
attorney may apply to the superintendent for the appropriate 20,382
license or certificate of authority, as provided in section 20,383
3925.11, 3927.01, 3931.10, or 3941.06 of the Revised Code, which 20,384
application shall state which of the kinds of insurance it 20,385
proposes to transact, and the superintendent shall act thereon in 20,386
the manner prescribed by that section. 20,387
(C) An Ohio agent shall be licensed, upon written notice 20,390
of appointment by a domestic, foreign, or alien, mutual or stock 20,391
insurance company, to procure, receive, or forward application 20,392
for the kinds of insurance the company is authorized to transact 20,393
in this state if the agent is then licensed to write all of the 20,394
kinds of insurance described in division (A) of section 3929.01 20,395
of the Revised Code, either for the company or for any other 20,396
company or companies authorized to transact insurance business in 20,397
this state. An Ohio agent not so licensed shall not procure, 20,398
receive, or forward applications for any kind of insurance for 20,399
the company until qualified and licensed to procure, receive, or 20,400
forward applications for all of the kinds of insurance described 20,401
in division (A) of section 3929.01 of the Revised Code, in 20,402
accordance with the applicable provisions of Chapter 3905. of the 20,403
461
Revised Code and in accordance with such rules as the 20,404
superintendent may adopt in connection therewith; provided any 20,405
company, irrespective of the kinds of insurance it is authorized 20,406
to transact, may apply for and obtain the renewal of licenses of 20,407
its agents who were licensed on or before July 1, 1945, to 20,408
procure, receive, or forward applications for any of the kinds of 20,409
insurance described in division (A) of section 3929.01 of the 20,410
Revised Code, and such agents shall not be required to be 20,411
licensed for all the kinds of insurance transacted by the company 20,412
making the applications for such renewals. Nothing in this 20,413
section shall be construed to authorize an agent whose license is 20,414
renewed under these provisions to procure, receive, or forward 20,415
applications for any kind or kinds of insurance other than the 20,416
kind or kinds for which the agent was authorized to procure, 20,417
receive, or forward applications on July 1, 1945; provided, the 20,419
procuring, receiving, or forwarding of applications by such an 20,420
agent for any kind or kinds of insurance other than the kind or 20,421
kinds the agent was authorized to procure, receive, or forward, 20,423
as of July 1, 1945, is cause for revocation of the license of the 20,424
agent by the superintendent and the acceptance by any insurance 20,425
company licensed to do business in this state of an application 20,426
for any kind of insurance other than the kind or kinds that the 20,427
agent was authorized to procure, receive, or forward, as of July 20,428
1, 1945, is cause for revocation of the license of the company by 20,429
the superintendent. Nothing in this section shall be construed 20,430
to alter the provisions of sections 2301.373 3123.41 TO 3123.50, 20,432
3123.63, 3931.101, and 3931.11 of the Revised Code. 20,434
Sec. 3949.22. On receipt of a notice pursuant to section 20,443
2301.373 3123.43 of the Revised Code, the supervisor of bond 20,445
investment companies shall comply with that section SECTIONS 20,447
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 20,449
a license issued pursuant to this chapter. 20,450
Sec. 3951.10. On receipt of a notice pursuant to section 20,460
462
2301.373 3123.43 of the Revised Code, the superintendent of 20,461
insurance shall comply with that section SECTIONS 3123.41 TO 20,464
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 20,466
certificate issued issued pursuant to this chapter.
Sec. 3959.17. On receipt of a notice pursuant to section 20,475
2301.373 3123.43 of the Revised Code, the superintendent of 20,476
insurance shall comply with that section SECTIONS 3123.41 TO 20,479
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 20,481
license issued pursuant to this chapter.
Sec. 4104.21. On receipt of a notice pursuant to section 20,490
2301.373 3123.43 of the Revised Code, the chief of the division 20,492
of boiler inspection shall comply with that section SECTIONS 20,494
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 20,496
a certificate issued pursuant to this chapter. 20,497
Sec. 4123.67. Except as otherwise provided in sections 20,506
3111.23 3119.80, 3119.81, 3121.02, 3121.03, and 3113.21 3123.06 20,508
of the Revised Code, compensation before payment shall be exempt 20,509
from all claims of creditors and from any attachment or 20,510
execution, and shall be paid only to the employees or their 20,511
dependents. In all cases where property of an employer is placed 20,512
in the hands of an assignee, receiver, or trustee, claims arising
under any award or finding of the industrial commission or bureau 20,513
of workers' compensation, pursuant to this chapter, including 20,514
claims for premiums, and any judgment recovered thereon shall 20,515
first be paid out of the trust fund in preference to all other 20,516
claims, except claims for taxes and the cost of administration, 20,517
and with the same preference given to claims for taxes.
Sec. 4141.16. (A) The administrator of the bureau of 20,525
employment services shall make available, upon request, to the 20,526
director of human services or to the county directors of human 20,527
services in the state the name, address, ordinary occupation, and 20,528
463
employment status of each recipient of unemployment benefits 20,529
under this chapter, and a statement of such recipient's rights to 20,530
further benefits under this chapter. The agency requesting the 20,531
information shall pay the bureau the actual cost of furnishing 20,532
the information requested.
(B) The administrator also shall furnish, upon request of 20,534
a public agency administering or supervising the administration 20,535
of a state plan approved under part A of Title IV of the "Social 20,536
Security Act," 49 Stat. 627 (1935), 42 U.S.C.A. 601, or of a 20,537
public agency charged with any duty or responsibility under any 20,538
program or activity authorized or required under part D of Title 20,539
IV of such act, information with respect to any individual 20,540
specified in the request as to: 20,541
(1) Whether the individual is receiving, has received, or 20,543
has made application for unemployment compensation, and the 20,544
amount of any compensation being received by the individual; 20,545
(2) The current or most recent home address of the 20,547
individual; 20,548
(3) Whether the individual has refused an offer of 20,550
employment and, if so, a description of the employment so offered 20,551
and the terms, conditions, and rate of pay therefor. 20,552
The public agency shall pay to the bureau of employment 20,554
services the actual costs of furnishing the information described 20,555
in this division, as provided in the "Unemployment Compensation 20,556
Amendments of 1976," 90 Stat. 2667, 42 U.S.C. 603a. 20,557
(C)(1) The administrator shall disclose, upon request, to 20,559
officers, agents, or employees of any state or local child 20,560
support enforcement agency, any wage information contained in the 20,561
records of the bureau of employment services with respect to an 20,562
individual identified in the request. 20,563
(2) The officer, agent, or employee of the state or local 20,565
child support enforcement agency shall state in the request that 20,566
the wage information shall be used only for the purposes of 20,567
establishing paternity; establishing, modifying, and enforcing 20,568
464
child support obligations which are being administered pursuant 20,570
to a plan described in section 454 of the "Social Security Act," 20,571
88 Stat. 2354 (1975), 42 U.S.C.A. 654, which has been approved by 20,572
the United States secretary of health and human services under 20,573
part D of Title IV of the "Social Security Act," 88 Stat. 2351 20,574
(1975), 42 U.S.C.A. 651.
(3) State and local child support enforcement agencies, 20,576
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 20,577
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 20,578
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 20,579
shall pay to the bureau the actual costs of furnishing the 20,580
information described in this division. 20,581
(4) Requirements with respect to the confidentiality of 20,583
information obtained in the administration of this chapter and 20,584
any sanctions imposed on improper disclosure of information 20,585
obtained therein shall apply to the redisclosure of information 20,586
disclosed under this section. 20,587
(D) The administrator also shall furnish, as required by 20,589
section 303(h) of the "Social Security Act," to the United States 20,590
secretary of health and human services, and on a reimbursable 20,591
basis, prompt access to wage and claims information, including 20,592
any information useful in locating an absent parent or such 20,593
parent's employer for use by the "Parent Locator Service," 20,594
section 453, part D of Title IV of the "Social Security Act" and 20,595
as required under section 303(h) of such act. 20,596
(E)(1) If the director of human services determines that 20,598
direct, on-line access to the automated information system 20,599
maintained by the bureau of employment services is an effective 20,600
and efficient means of obtaining necessary information to aid in 20,601
the enforcement or collection of child support obligations, the 20,602
director shall make a written request to the administrator of the 20,603
bureau of employment services to permit the following to have 20,604
direct, on-line access to the information system: 20,605
(a) The department of human services; 20,607
465
(b) Officers, agents, or employees of a state or local 20,609
child support enforcement agency of this state or of another 20,610
state as designated by the director; 20,611
(c) Officers, agents, or employees of any private agency 20,613
designated by the director that is operating pursuant to a 20,614
contract entered into with a state or local child support 20,615
enforcement agency of this state for the exchange of information 20,616
related to the enforcement and collection of child support 20,617
obligations. 20,618
(2) The director of human services shall not designate 20,620
pursuant to division (E)(1) of this section a state or local 20,621
child support enforcement agency of this state or of another 20,622
state or any private agency to have access to the automated 20,623
information system maintained by the bureau unless the director 20,625
also determines that on-line direct access to the bureau's
automated information system by that agency is necessary for the 20,626
implementation of a child support enforcement program operating 20,627
pursuant to a plan described in section 454 of the "Social 20,628
Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, that has 20,629
been approved by the secretary of health and human services under 20,630
part D of Title IV of the "Social Security Act," 88 Stat. 2351 20,631
(1975), 42 U.S.C.A. 651. 20,632
(3) Upon receipt of a request made under division (E)(1) 20,634
of this section, the administrator of the bureau shall comply 20,635
with the request and shall adopt rules pursuant to this section 20,636
and section 111.15 of the Revised Code to regulate access to the 20,637
bureau's automated information system. The rules shall include a 20,638
confidentiality requirement that conforms to division (E)(5) of 20,639
this section. 20,640
(4)(a) State and local child support enforcement agencies, 20,642
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 20,643
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 20,644
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 20,645
shall pay to the bureau the actual costs to the bureau of 20,646
466
accessing its automated information system. 20,647
(b) Any private agency designated by the director of human 20,649
services pursuant to division (E)(1) of this section that is 20,650
operating pursuant to a contract entered into with a state or 20,651
local child support enforcement agency of this state for the 20,652
exchange of information related to the enforcement and collection 20,653
of child support obligations shall pay or provide contractually 20,654
for the payment of the actual costs to the bureau of accessing 20,655
its automated information system. 20,656
(5) The requirements with respect to the confidentiality 20,658
of information obtained in the administration of this chapter and 20,659
any sanctions imposed on improper disclosure of information 20,660
obtained in the administration of this chapter shall apply to any 20,661
information obtained pursuant to division (E) of this section 20,662
through on-line access to the bureau's automated information 20,663
system. 20,664
(F) The director of human services, the director's 20,666
employees, and other individuals to whom information is made 20,668
available pursuant to this section are subject to section 4141.22 20,669
of the Revised Code and the penalty for violation of that section 20,670
as specified in section 4141.99 of the Revised Code. 20,671
(G) As used in this section, "state or local child support 20,673
enforcement agency" means either of the following: 20,674
(1) In this state, the department of human services, the 20,676
division OFFICE of child support created pursuant to section 20,677
5101.31 3125.02 of the Revised Code, or a child support 20,680
enforcement agency;
(2) In a state other than this state, any agency of a 20,682
state or of a political subdivision of a state operating pursuant 20,683
to a plan described in section 454 of the "Social Security Act," 20,684
which has been approved by the secretary of health and human 20,685
services under part D of Title IV of the "Social Security Act." 20,686
Sec. 4141.28. (A) Applications for determination of 20,694
benefit rights and claims for benefits shall be filed with a 20,695
467
deputy of the administrator of the bureau of employment services 20,696
designated for the purpose. Such applications and claims may 20,697
also be filed with an employee of another state or federal agency 20,698
charged with the duty of accepting applications and claims for 20,699
unemployment benefits or with an employee of the unemployment 20,700
insurance commission of Canada. 20,701
When a former employee of a state agency, board, or 20,703
commission that has terminated its operations files an 20,704
application under this division, the former employee shall give 20,705
notice that the agency, board, or commission has terminated its 20,706
operations. All notices or information required to be sent under 20,707
this chapter to or furnished by the applicant's employer shall be 20,708
sent to or furnished by the director of administrative services. 20,709
(B)(1) When an unemployed individual files an application 20,711
for determination of benefit rights, the administrator shall 20,712
furnish the individual with the information specified in division 20,714
(A) of section 4141.321 of the Revised Code and with a pamphlet 20,715
giving instructions for the steps an applicant may take if the 20,716
applicant's claim for benefits is disallowed. The pamphlet shall 20,718
state the applicant's right of appeal, clearly describe the 20,719
different levels of appeal, and explain where and when each 20,720
appeal must be filed. In filing an application, the individual 20,721
shall, for the individual's most recent employment, furnish the 20,722
administrator with either:
(a) The information furnished by the employer as provided 20,724
for in division (B)(2) of this section; 20,725
(b) The name and address of the employer for whom the 20,727
individual performed services and the individual's written 20,728
statement of the reason for separation from the employer. 20,729
Where the claimant has furnished information in accordance 20,731
with division (B)(1)(b) of this section, the administrator shall 20,732
promptly send a notice in writing that such filing has been made 20,733
to the individual's most recent separating employer, which notice 20,734
shall request from the employer the reason for the individual's 20,735
468
unemployment. The administrator also may request from any base 20,737
period employer information necessary for the determination of 20,738
the claimant's rights to benefits. Information as to the reason 20,740
for unemployment preceding an additional claim shall be obtained 20,741
in the same manner. Requests for such information shall be dated 20,742
by the administrator with the date on which they are mailed. If 20,743
the employer fails to mail or deliver such information within ten 20,744
working days from the date the administrator mailed and dated 20,745
such request, and if necessary to assure prompt payment of 20,747
benefits when due, the administrator shall make the 20,748
determination, and shall base the determination on such 20,749
information as is available to the administrator, which shall 20,750
include the claimant's statement made under division (B)(1)(b) of 20,752
this section. The determination, as it relates to the claimant's 20,753
determination of benefit rights, shall be amended upon receipt of 20,754
correct remuneration information at any time within the benefit 20,755
year and any benefits paid and charged to an employer's account 20,756
prior to the receipt of such information shall be adjusted, 20,757
effective as of the beginning of the claimant's benefit year. 20,758
(2) An employer who separates within any seven-day period 20,760
fifty or more individuals because of lack of work, and these 20,761
individuals upon separation will be unemployed as defined in 20,762
division (R) of section 4141.01 of the Revised Code, shall 20,763
furnish notice to the administrator of the dates of separation 20,764
and the approximate number of individuals being separated. The 20,765
notice shall be furnished at least three working days prior to 20,766
the date of the first day of such separations. In addition, at 20,767
the time of separation the employer shall furnish to the 20,768
individual being separated or to the administrator separation 20,769
information necessary to determine the individual's eligibility, 20,770
on forms and in a manner approved by the administrator. 20,771
An employer who operates multiple business establishments 20,773
at which both the effective authority for hiring and separation 20,774
of employees and payroll information is located and who, because 20,775
469
of lack of work, separates a total of fifty or more individuals 20,776
at two or more business establishments is exempt from the first 20,777
paragraph of division (B)(2) of this section. This paragraph 20,778
shall not be construed to relieve an employer who operates 20,779
multiple business establishments from complying with division 20,780
(B)(2) of this section where the employer separates fifty or more 20,781
individuals at any business establishment within a seven-day 20,782
period. 20,783
An employer of individuals engaged in connection with the 20,785
commercial canning or commercial freezing of fruits and 20,786
vegetables is exempt from the provision of division (B)(2) of 20,787
this section that requires an employer to furnish notice of 20,788
separation at least three working days prior to the date of the 20,789
first day of such separations. 20,790
(3) Where an individual at the time of filing an 20,792
application for determination of benefit rights furnishes 20,793
separation information provided by the employer or where the 20,794
employer has provided the administrator with the information in 20,795
accordance with division (B)(2) of this section, the 20,796
administrator shall make a determination of eligibility on the 20,797
basis of the information furnished. The administrator shall 20,798
promptly notify all interested parties under division (D)(1) of 20,799
this section of the determination. 20,800
(4) Where an employer has furnished separation information 20,802
under division (B)(2) of this section which is insufficient to 20,803
enable the administrator to make a determination of a claim for 20,804
benefits of an individual, or where the individual fails at the 20,805
time of filing an application for determination of benefit rights 20,806
to produce the separation information furnished by an employer, 20,807
the administrator shall follow the provisions specified in 20,808
division (B)(1) of this section. 20,809
(C) The administrator shall promptly examine any 20,812
application for determination of benefit rights filed, and on the
basis of any facts found by the administrator shall determine 20,813
470
whether or not the application is valid, and if valid, the date 20,815
on which the benefit year shall commence and the weekly benefit
amount. The claimant, the most recent employer, and any other 20,816
employer in the claimant's base period shall promptly be notified 20,818
of the determination and the reasons therefor. In addition, the 20,819
determination issued to the claimant shall include the total 20,820
amount of benefits payable, and the determination issued to each 20,821
chargeable base period employer shall include the total amount of 20,822
benefits which may be charged to the employer's account. 20,823
(D)(1) The administrator shall examine the first claim for 20,826
benefits filed in any benefit year, and any additional claim, and 20,827
on the basis of any facts found by the administrator shall 20,828
determine whether division (D) of section 4141.29 of the Revised 20,829
Code is applicable to the claimant's most recent separation and, 20,830
to the extent necessary, prior separations from work, and whether 20,831
the separation reason is qualifying or disqualifying for the 20,832
ensuing period of unemployment. Notice of such determination 20,833
shall be mailed to the claimant, the claimant's most recent 20,834
separating employer, and any other employer involved in the 20,835
determination.
(a) Whenever the administrator has reason to believe that 20,837
the unemployment of twenty-five or more individuals relates to a 20,838
labor dispute, the administrator, within five calendar days after 20,840
their claims are filed, shall schedule a hearing concerning the
reason for unemployment. Notice of the hearing shall be sent to 20,841
all interested parties, including the duly authorized 20,842
representative of the parties, as provided in division (D)(1) of 20,843
this section. The hearing date shall be scheduled so as to 20,844
provide at least ten days' prior notice of the time and date of 20,845
the hearing. A similar hearing, in such cases, may be scheduled 20,846
when there is a dispute as to the duration or ending date of the 20,847
labor dispute. 20,848
(b) The administrator shall appoint a hearing officer to 20,850
conduct the hearing of the case under division (D)(1)(a) of this 20,851
471
section. The hearing officer is not bound by common law or 20,852
statutory rules of evidence or by technical or formal rules of 20,853
procedure, but shall take any steps that are reasonable and 20,854
necessary to obtain the facts and determine whether the claimants 20,855
are entitled to benefits under the law. The failure of any 20,856
interested party to appear at the hearing shall not preclude a 20,857
decision based upon all the facts available to the hearing 20,858
officer. The proceeding at the hearing shall be recorded by 20,859
mechanical means or by other means prescribed by the 20,860
administrator. The record need not be transcribed unless an 20,861
application for appeal is filed on the decision and the 20,862
chairperson of the unemployment compensation review commission 20,864
requests a transcript of the hearing within fourteen days after 20,865
the application for appeal is received by the commission. The 20,866
administrator shall prescribe rules concerning the conduct of the 20,868
hearings and all related matters and appoint an attorney to 20,869
direct the operation of this function.
(c) The administrator shall issue the hearing officer's 20,871
decisions and reasons therefor on the case within ten calendar 20,872
days after the hearing. The hearing officer's decision issued by 20,873
the administrator is final unless an application for appeal is 20,874
filed with the review commission within twenty-one days after the 20,876
decision was mailed to all interested parties. The 20,877
administrator, within the twenty-one-day appeal period, may 20,878
remove and vacate the decision and issue a revised determination 20,880
and appeal date.
(d) Upon receipt of the application for appeal, the full 20,882
review commission shall review the administrator's decision and 20,884
either schedule a further hearing on the case or disallow the 20,885
application. The review commission shall review the 20,886
administrator's decision within fourteen days after receipt of 20,887
the decision or the receipt of a transcript requested under 20,888
division (D)(1)(b) of this section, whichever is later. 20,889
(i) When a further hearing is granted, the commission 20,891
472
shall make the administrator's decision and record of the case, 20,893
as certified by the administrator, a part of the record and shall 20,894
consider the administrator's decision and record in arriving at a 20,895
decision on the case. The commission's decision affirming, 20,897
modifying, or reversing the administrator's decision, following 20,898
the further appeal, shall be mailed to all interested parties 20,899
within fourteen days after the hearing. 20,900
(ii) A decision of the disallowance of a further appeal 20,902
shall be mailed to all interested parties within fourteen days 20,903
after the commission makes the decision to disallow. The 20,904
disallowance is deemed an affirmation of the administrator's 20,906
decision.
(iii) The time limits specified in divisions (D)(1)(a), 20,908
(b), (c), and (d) of this section may be extended by agreement of 20,909
all interested parties or for cause beyond the control of the 20,910
administrator or the commission. 20,911
(e) An appeal of the commission's decision issued under 20,913
division (D)(1)(d) of this section may be taken to the court of 20,914
common pleas as provided in division (O) of this section. 20,915
(f) A labor dispute decision involving fewer than 20,917
twenty-five individuals shall be determined under division (D)(1) 20,918
of this section and the review commission shall determine any 20,920
appeal from the decision pursuant to division (M) of this section 20,921
and within the time limits provided in division (D)(1)(d) of this 20,922
section. 20,923
(2) The determination of a first or additional claim, 20,925
including the reasons therefor, shall be mailed to the claimant, 20,926
the claimant's most recent separating employer, and any other 20,927
employer involved in the determination. 20,928
When the determination of a continued claim results in a 20,931
disallowed claim, the administrator shall notify the claimant of 20,932
such disallowance and the reasons therefor.
(3) Where the claim for benefits is directly attributable 20,934
to unemployment caused by a major disaster, as declared by the 20,935
473
president of the United States pursuant to the "Disaster Relief 20,936
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual 20,937
filing the claim would otherwise have been eligible for disaster 20,938
unemployment assistance under that act, then upon application by 20,939
the employer any benefits paid on the claim shall not be charged 20,940
to the account of the employer who would have been charged on 20,941
such claim but instead shall be charged to the mutualized account 20,942
described in section 4141.25 of the Revised Code, provided that 20,943
this division is not applicable to an employer electing 20,944
reimbursing status under section 4141.241 of the Revised Code, 20,945
except reimbursing employers for whom benefit charges are charged 20,946
to the mutualized account pursuant to division (D)(2) of section 20,948
4141.24 of the Revised Code. 20,949
(4)(a) An individual filing a new claim for unemployment 20,951
compensation shall disclose, at the time of filing, whether or 20,952
not the individual owes child support obligations. In such a 20,953
case, the administrator shall notify the state or local child 20,954
support enforcement agency enforcing the obligation only if the 20,955
claimant has been determined to be eligible for unemployment 20,956
compensation. 20,957
(b) The administrator shall deduct and withhold from 20,959
unemployment compensation payable to an individual who owes child 20,960
support obligations: 20,961
(i) Any amount required to be deducted and withheld from 20,963
the unemployment compensation pursuant to legal process, as that 20,964
term is defined in section 459(i)(5) of the "Social Security 20,965
Act," as amended by the "Personal Responsibility and Work 20,966
Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42 20,967
U.S.C. 659, and properly served upon the administrator, as 20,968
described in division (D)(4)(c) of this section; or 20,969
(ii) Where division (D)(4)(b)(i) of this section is 20,971
inapplicable, in the amount determined pursuant to an agreement 20,972
submitted to the administrator under section 454(19)(B)(i) of the 20,974
"Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended,
474
by the state or local child support enforcement agency; or 20,975
(iii) If neither division (D)(4)(b)(i) nor (ii) of this 20,977
section is applicable, then in the amount specified by the 20,978
individual. 20,979
(c) The administrator shall receive all legal process 20,982
described in division (D)(4)(b)(i) of this section from each 20,983
local child support enforcement agency, which legal process was 20,984
issued by the agency under section 2301.371 3121.07 of the 20,985
Revised Code or otherwise was issued by the agency. The 20,987
processing of cases under part D of Title IV of the "Social 20,988
Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, 20,989
shall be determined pursuant to agreement between the 20,990
administrator and the state department of human services. The 20,991
department shall pay, pursuant to that agreement, all of the 20,992
costs of the bureau of employment services that are associated 20,993
with a deduction and withholding under division (D)(4)(b)(i) and 20,994
(ii) of this section.
(d) The amount of unemployment compensation subject to 20,996
being withheld pursuant to division (D)(4)(b) of this section is 20,997
that amount which remains payable to the individual after 20,998
application of any recoupment provisions for recovery of 20,999
overpayments and after deductions which have been made under this 21,000
chapter for deductible income received by the individual. 21,001
Effective for applications to establish unemployment compensation 21,002
benefit rights filed after December 27, 1997, the amount withheld 21,003
with respect to a week of unemployment benefits shall not exceed 21,004
fifty per cent of the individual's weekly benefit amount as 21,005
determined by the administrator.
(e) Any amount deducted and withheld under division 21,007
(D)(4)(b) of this section shall be paid to the appropriate state 21,008
or local child support enforcement agency in the following 21,009
manner: 21,010
(i) The administrator shall determine the amounts that are 21,012
to be deducted and withheld on a per county basis. 21,013
475
(ii) For each county, the administrator shall forward to 21,015
the local child support enforcement agency of the county, at 21,016
intervals to be determined pursuant to the agreement referred to 21,017
in division (D)(4)(c) of this section, the amount determined for 21,018
that county under division (D)(4)(e)(i) of this section for 21,019
disbursement to the obligees or assignees of such support 21,020
obligations. 21,021
(f) Any amount deducted and withheld under division 21,023
(D)(4)(b) of this section shall for all purposes be treated as if 21,024
it were paid to the individual as unemployment compensation and 21,025
paid by the individual to the state or local child support agency 21,026
in satisfaction of the individual's child support obligations. 21,027
(g) Division (D)(4) of this section applies only if 21,029
appropriate arrangements have been made for reimbursement by the 21,030
state or local child support enforcement agency for the 21,031
administrative costs incurred by the administrator under this 21,032
section which are associated with or attributable to child 21,033
support obligations being enforced by the state or local child 21,034
support enforcement agency. 21,035
(h) As used in division (D)(4) of this section: 21,037
(i) "Child support obligations" means only obligations 21,039
which are being enforced pursuant to a plan described in section 21,040
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 21,041
as amended, which has been approved by the United States 21,042
secretary of health and human services under part D of Title IV 21,043
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 21,044
amended. 21,045
(ii) "State child support enforcement agency" means the 21,047
department of human services, bureau of child support, designated 21,048
as the single state agency for the administration of the program 21,049
of child support enforcement pursuant to part D of Title IV of 21,050
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 21,051
amended. 21,052
(iii) "Local child support enforcement agency" means a 21,054
476
child support enforcement agency or any other agency of a 21,055
political subdivision of the state operating pursuant to a plan 21,056
mentioned in division (D)(4)(h)(i) of this section. 21,057
(iv) "Unemployment compensation" means any compensation 21,059
payable under this chapter including amounts payable by the 21,060
administrator pursuant to an agreement under any federal law 21,061
providing for compensation, assistance, or allowances with 21,062
respect to unemployment. 21,063
(E)(1) Any base period or subsequent employer of a 21,065
claimant who has knowledge of specific facts affecting such 21,066
claimant's right to receive benefits for any week may notify the 21,067
administrator in writing of such facts. The administrator shall 21,068
prescribe a form to be used for such eligibility notice, but 21,069
failure to use the prescribed form shall not preclude the 21,070
administrator's examination of any notice. 21,071
(2) An eligibility notice is timely filed if received by 21,073
the administrator or postmarked prior to or within forty-five 21,075
calendar days after the end of the week with respect to which a 21,076
claim for benefits is filed by the claimant. An employer who 21,077
does not timely file an eligibility notice shall not be an 21,078
interested party with respect to the claim for benefits which is 21,079
the subject of the notice.
(3) The administrator shall consider the information 21,082
contained in the eligibility notice, together with other facts 21,083
found by the administrator and, after giving notice to the 21,084
claimant, shall determine, unless a prior determination on the 21,085
same eligibility issue has become final, whether such claim shall 21,086
be allowed or disallowed, and shall mail notice of such 21,088
determination to the notifying employer who timely filed the 21,089
eligibility notice, to the claimant, and to other interested 21,090
parties. If the determination disallows benefits for any week in 21,091
question, the payment of benefits with respect to that week shall 21,093
be withheld pending further appeal, or an overpayment order shall 21,094
be issued by the administrator as prescribed in section 4141.35 21,095
477
of the Revised Code, if applicable. 21,096
(F) In making determinations, the administrator shall 21,099
follow decisions of the unemployment compensation review 21,100
commission which have become final with respect to claimants 21,101
similarly situated.
(G)(1) Until October 1, 1998, any interested party 21,104
notified of a determination of an application for determination 21,105
of benefit rights or a claim for benefits may, within twenty-one 21,106
calendar days after the notice was mailed to the party's last 21,107
known post-office address, apply in writing for a reconsideration 21,108
of the administrator's determination. 21,109
On and after October 1, 1998, any party notified of a 21,112
determination may appeal within twenty-one calendar days after 21,113
notice was mailed to the party's last known post-office address 21,114
or within an extended period pursuant to division (Q) of this 21,116
section. Upon receipt of the appeal, the administrator either 21,117
shall issue a redetermination within twenty-one days of receipt 21,118
or transfer the appeal to the commission, which shall acquire 21,119
jurisdiction over the appeal. If the administrator issues a 21,120
redetermination, the redetermination shall void the prior 21,121
determination. A redetermination under this section is
appealable to the same extent that a determination is appealable. 21,123
(2) If the administrator finds within the benefit year 21,126
that the determination was erroneous due to an error in an
employer's report other than a report to correct remuneration 21,128
information as provided in division (B) of this section or any 21,129
typographical or clerical error in the administrator's 21,130
determination, the administrator shall issue a corrected 21,132
determination to all interested parties, which determination 21,133
shall take precedence over and void the prior determination of 21,134
the administrator, provided no appeal has been filed with the 21,135
commission.
(3) If benefits are allowed by the administrator in a 21,138
determination, or in a decision by a hearing officer, the review 21,139
478
commission, or a court, the benefits shall be paid promptly, 21,140
notwithstanding any further appeal, provided that if benefits are 21,141
denied on appeal, of which the parties have notice and an 21,142
opportunity to be heard, the payment of benefits shall be 21,144
withheld pending a decision on any further appeal. 21,145
(4) Any benefits paid to a claimant under this section 21,147
prior to a final determination of the claimant's right to the 21,148
benefits shall be charged to the employer's account as provided 21,150
in division (D) of section 4141.24 of the Revised Code, provided 21,151
that if there is no final determination of the claim by the 21,152
subsequent thirtieth day of June, the employer's account will be 21,153
credited with the total amount of benefits which has been paid 21,154
prior to that date, based on the determination which has not 21,155
become final. The total amount credited to the employer's 21,156
account shall be charged to a suspense account which shall be 21,157
maintained as a separate bookkeeping account and administered as 21,158
a part of section 4141.24 of the Revised Code, and shall not be 21,159
used in determining the account balance of the employer for the 21,160
purpose of computing the employer's contribution rate under 21,161
section 4141.25 of the Revised Code. If it is finally determined 21,162
that the claimant is entitled to all or a part of the benefits in 21,163
dispute, the suspense account shall be credited and the 21,164
appropriate employer's account charged with the benefits. If it 21,165
is finally determined that the claimant is not entitled to all or 21,166
any portion of the benefits in dispute, the benefits shall be 21,167
credited to the suspense account and a corresponding charge made 21,168
to the mutualized account established in division (B) of section 21,169
4141.25 of the Revised Code, provided that, except as otherwise 21,171
provided in this division, if benefits are chargeable to an 21,172
employer or group of employers who is required or elects to make 21,173
payments to the fund in lieu of contributions under section 21,174
4141.241 of the Revised Code, the benefits shall be charged to 21,175
the employer's account in the manner provided in division (D) of 21,176
section 4141.24 and division (B) of section 4141.241 of the 21,177
479
Revised Code, and no part of the benefits may be charged to the 21,178
suspense account provided in this division. To the extent that 21,179
benefits which have been paid to a claimant and charged to the 21,180
employer's account are found not to be due the claimant and are 21,181
recovered by the administrator as provided in section 4141.35 of 21,182
the Revised Code, they shall be credited to the employer's 21,183
account.
(H) Until October 1, 1998, any interested party may appeal 21,186
the administrator's decision on reconsideration to the commission 21,187
and unless an appeal is filed from such decision on 21,189
reconsideration with the commission within twenty-one calendar 21,191
days after such decision was mailed to the last known post-office 21,192
address of the appellant, or within an extended period pursuant 21,193
to division (Q) of this section, such decision on reconsideration 21,194
is final and benefits shall be paid or denied in accordance 21,195
therewith. The date of the mailing provided by the administrator 21,196
on determination or decision on reconsideration is sufficient 21,197
evidence upon which to conclude that the determination or 21,198
decision on reconsideration was mailed on that date. 21,199
On and after October 1, 1998, the date of the mailing 21,202
provided by the administrator on the determination or 21,203
redetermination is sufficient evidence upon which to conclude 21,204
that the determination or redetermination was mailed on that
date. 21,205
(I) Appeals may be filed with the administrator, 21,208
commission, with an employee of another state or federal agency 21,210
charged with the duty of accepting claims, or with the 21,211
unemployment insurance commission of Canada. 21,212
(1) Any timely written notice that the interested party 21,215
desires to appeal shall be accepted.
(2) The administrator, commission, or authorized agent 21,217
must receive the appeal within the specified appeal period in 21,219
order for the appeal to be deemed timely filed, except that: 21,220
(a) If the United States postal service is used as the 21,222
480
means of delivery, the enclosing envelope must have a postmark 21,223
date, as governed by United States postal regulations, that is on 21,224
or before the last day of the specified appeal period; and 21,225
(b) Where the postmark date is illegible or missing, the 21,227
appeal is timely filed if received no later than the end of the 21,229
third calendar day following the last day of the specified appeal 21,230
period.
(3) The administrator may adopt rules pertaining to 21,232
alternate methods of filing appeals. 21,233
(J) When an appeal from a determination of the 21,237
administrator is taken to the commission at the hearing officer 21,238
level, all interested parties shall be notified and the 21,240
commission, after affording such parties reasonable opportunity 21,242
for a fair hearing, shall affirm, modify, or reverse the 21,243
determination of the administrator in the manner that appears 21,245
just and proper. However, the commission may refer a case to the
administrator for a redetermination if the commission decides 21,246
that the case does not require a hearing. In the conduct of a 21,247
hearing by a hearing officer or any other hearing on appeal to 21,250
the commission which is provided in this section, the hearing 21,251
officers are not bound by common law or statutory rules of 21,254
evidence or by technical or formal rules of procedure. The
hearing officers shall take any steps in the hearings, consistent 21,258
with the impartial discharge of their duties, which appear 21,259
reasonable and necessary to ascertain the facts and determine 21,260
whether the claimant is entitled to benefits under the law. The 21,261
hearings shall be de novo, except that the administrator's file 21,263
pertaining to a case shall be included in the record to be 21,264
considered.
The hearing officers may conduct any such hearing in person 21,268
or by telephone. The commission shall adopt rules which 21,270
designate the circumstances under which hearing officers may
conduct a hearing by telephone, grant a party to the hearing the 21,273
opportunity to object to a hearing by telephone, and govern the 21,274
481
conduct of hearings by telephone. An interested party whose 21,275
hearing would be by telephone pursuant to the commission rules 21,276
may elect to have an in-person hearing, provided that the party 21,277
electing the in-person hearing agrees to have the hearing at the 21,278
time and place the commission determines pursuant to rule. 21,279
(1) The failure of the claimant or other interested party 21,281
to appear at a hearing, unless the claimant or interested party 21,282
is the appealing party, shall not preclude a decision in the 21,284
claimant's or interested party's favor, if on the basis of all 21,285
the information in the record, including that contained in the 21,286
file of the administrator, the claimant or interested party is 21,287
entitled to the decision. 21,288
(2) If the party appealing fails to appear at the hearing, 21,290
the hearing officer shall dismiss the appeal, provided that the 21,294
hearing officer or commission shall vacate the dismissal upon a 21,296
showing that due notice of the hearing was not mailed to such 21,297
party's last known address or good cause for the failure to 21,298
appear is shown to the commission within fourteen days after the 21,301
hearing date. No further appeal from the decision may thereafter 21,302
be instituted by such party. If the other party fails to appear 21,303
at the hearing, the hearing officer shall proceed with the 21,306
hearing and shall issue a decision based on the evidence of 21,307
record, including the administrator's file. The commission shall 21,309
vacate the decision upon a showing that due notice of the hearing 21,311
was not mailed to such party's last known address or good cause 21,312
for such party's failure to appear is shown to the commission 21,314
within fourteen days after the hearing date. 21,315
(3) Where a party requests that a hearing be scheduled in 21,317
the evening because the party is employed during the day, the 21,318
commission shall schedule the hearing during such hours as the 21,321
party is not employed. 21,322
(4) The interested parties may waive, in writing, the 21,325
hearing. If the parties waive the hearing, the hearing officer 21,326
shall issue a decision based on the evidence of record, including 21,327
482
the administrator's file. 21,328
(K) The proceedings at the hearing before the hearing 21,330
officer, shall be recorded by mechanical means or otherwise as 21,333
may be prescribed by the commission. In the absence of further 21,334
proceedings, the record that is made need not be transcribed. 21,336
(L) All interested parties shall be notified of the 21,338
hearing officer's decision, which shall include the reasons 21,340
therefor. The hearing officer's decision shall become final 21,341
unless, within twenty-one days after the decision was mailed to 21,342
the last known post-office address of such parties, or within an 21,343
extended period pursuant to division (Q) of this section, the 21,344
commission on its own motion removes or transfers such claim to 21,346
the review level, or upon a request for review that is filed by 21,348
an interested party and is allowed by the commission. 21,350
(M) In the conduct of a hearing by the commission or a 21,353
hearing officer at the review level, the commission and the 21,354
hearing officers are not bound by common law or statutory rules 21,355
of evidence or by technical or formal rules of procedure. The 21,356
commission and the hearing officers shall take any steps in the 21,357
hearings, consistent with the impartial discharge of their 21,358
duties, that appear reasonable and necessary to ascertain the 21,359
facts and determine whether the claimant is entitled to benefits
under the law. 21,360
(1) The review commission, or a hearing officer designated 21,363
by the commission, shall consider an appeal at the review level 21,364
under the following circumstances:
(a) When an appeal is required to be heard initially by 21,367
the commission pursuant to this chapter; 21,368
(b) When the commission on its own motion removes an 21,371
appeal within twenty-one days after a hearing officer issues the 21,372
hearing officer's decision in the case; 21,373
(c) When a hearing officer refers an appeal to the 21,376
commission within twenty-one days after the hearing officer 21,377
issues the hearing officer's decision in the case; 21,378
483
(d) When an interested party files a request for review 21,381
with the commission within twenty-one days after the date a 21,382
hearing officer issues the hearing officer's decision in the 21,383
case. The commission shall disallow the request for review if it 21,384
is not timely filed.
The commission may remove, and a hearing officer may refer, 21,387
appeals involving decisions of potentially precedential value. 21,388
(2) If a request for review is timely filed, the 21,390
commission shall decide whether to allow or disallow the request 21,392
for review.
If the request for review is disallowed, the commission 21,394
shall notify all interested parties of that fact. The 21,395
disallowance of a request for review constitutes a final decision 21,397
by the commission for purposes of appeal to court. If the 21,398
request for review is allowed, the commission shall notify all 21,399
interested parties of that fact, and the commission shall provide 21,400
a reasonable period of time, as the commission defines by rule, 21,401
in which interested parties may file a response. After that
period of time, the commission, based on the record before it, 21,402
shall do one of the following at the review level: 21,403
(a) Affirm the decision of the hearing officer; 21,406
(b) Order that the case be heard or reheard by a hearing 21,409
officer;
(c) Order that the case be heard or reheard by a hearing 21,412
officer as a potential precedential decision; 21,413
(d) Order that the decision be rewritten. 21,416
(3) The commission shall send notice to all interested 21,418
parties when it orders a case to be heard or reheard. The notice 21,420
shall include the reasons for the hearing or rehearing. If the 21,421
commission identifies an appeal as a potentially precedential 21,422
case, the commission shall notify the administrator and other 21,423
interested parties of the special nature of the hearing. 21,424
(N) Whenever the administrator and the chairperson of the 21,426
review commission determine in writing and certify jointly that a 21,428
484
controversy exists with respect to the proper application of this 21,429
chapter to more than five hundred claimants similarly situated 21,430
whose claims are pending before the administrator or the review 21,432
commission or both on redetermination or appeal applied for or 21,433
filed by three or more employers or by such claimants, the 21,435
chairperson of the review commission shall select one such claim 21,437
which is representative of all such claims and assign it for a 21,439
fair hearing and decision. Any other claimant or employer in the 21,440
group who makes a timely request to participate in the hearing 21,441
and decision shall be given a reasonable opportunity to 21,442
participate as a party to the proceeding. 21,443
Such joint certification by the administrator and the 21,445
chairperson of the commission shall constitute a stay of further 21,447
proceedings in the claims of all claimants similarly situated 21,448
until the issue or issues in controversy are adjudicated by the 21,449
supreme court of Ohio. At the time the decision of the 21,450
commission is issued, the chairperson shall certify the 21,452
commission's decision directly to the supreme court of Ohio and 21,455
the chairperson shall file with the clerk of the supreme court a 21,457
certified copy of the transcript of the proceedings before the 21,458
commission pertaining to such decision. Hearings on such issues 21,460
shall take precedence over all other civil cases. If upon 21,461
hearing and consideration of such record the court decides that 21,462
the decision of the commission is unlawful, the court shall 21,464
reverse and vacate the decision or modify it and enter final 21,465
judgment in accordance with such modification; otherwise such 21,466
court shall affirm such decision. The notice of the decision of 21,467
the commission to the interested parties shall contain a 21,469
certification by the chairperson of the commission that the 21,470
decision is of great public interest and that a certified 21,472
transcript of the record of the proceedings before the commission 21,473
has been filed with the clerk of the supreme court as an appeal 21,475
to the court. Promptly upon the final judgment of the court, the 21,476
administrator and the commission shall decide those claims 21,477
485
pending before them where the facts are similar and shall notify 21,479
all interested parties of such decision and the reason therefor 21,480
in the manner provided for in this section. Nothing in this 21,481
division shall be construed so as to deny the right of any such 21,482
claimant, whose claim is pending before the administrator on 21,483
redetermination or before the commission, to apply for and be 21,486
granted an opportunity for a fair hearing to show that the facts 21,487
in the claimant's case are different from the facts in the claim 21,488
selected as the representative claim as provided in this 21,489
division, nor shall any such claimant be denied the right to
appeal the decision of the administrator or the commission which 21,490
is made as a result of the decision of the court in the 21,492
representative case.
(O)(1) Any interested party as defined in division (I) of 21,494
section 4141.01 of the Revised Code, within thirty days after 21,495
notice of the decision of the commission was mailed to the last 21,497
known post-office address of all interested parties, may appeal 21,498
from the decision of the commission to the court of common pleas 21,500
of the county where the appellant, if an employee, is resident or 21,501
was last employed or of the county where the appellant, if an 21,502
employer, is resident or has the principal place of business in 21,503
this state. The commission shall provide on its decision the 21,505
names and addresses of all interested parties. Such appeal shall 21,506
be taken within such thirty days by the appellant by filing a 21,507
notice of appeal with the clerk of the court of common pleas. 21,508
Such filing shall be the only act required to perfect the appeal 21,509
and vest jurisdiction in the court. Failure of an appellant to 21,510
take any step other than timely filing of a notice of appeal does 21,511
not affect the validity of the appeal, but is grounds only for 21,512
such action as the court deems appropriate, which may include 21,513
dismissal of the appeal. Such notice of appeal shall set forth 21,514
the decision appealed from. The appellant shall mail a copy of 21,515
the notice of appeal to the commission and to all interested 21,517
parties by certified mail to their last known post-office address 21,518
486
and proof of the mailing of the notice shall be filed with the 21,519
clerk within thirty days of filing the notice of appeal. All 21,520
interested parties shall be made appellees. The commission upon 21,522
receipt of the notice of appeal shall within thirty days file 21,523
with the clerk a certified transcript of the record of the 21,524
proceedings before the commission pertaining to the decision 21,526
complained of, and mail a copy of the transcript to the 21,527
appellant's attorney or to the appellant, if not represented by 21,528
counsel. The appellant shall file a statement of the assignments 21,529
of error presented for review within sixty days of the filing of 21,530
the notice of appeal with the court. The appeal shall be heard 21,531
upon such record certified by the commission. After an appeal 21,533
has been filed in the court, the commission may, by petition, be 21,535
made a party to such appeal. If the court finds that the 21,536
decision was unlawful, unreasonable, or against the manifest 21,537
weight of the evidence, it shall reverse and vacate such decision 21,538
or it may modify such decision and enter final judgment in 21,539
accordance with such modification; otherwise such court shall 21,540
affirm such decision. Any interested party shall have the right 21,541
to appeal from the decision of the court as in civil cases. 21,542
(2) If an appeal is filed after the thirty-day appeal 21,544
period established in division (O)(1) of this section, the court 21,545
of common pleas shall conduct a hearing to determine whether the 21,546
appeal was timely filed pursuant to division (Q) of this section. 21,548
At the hearing, additional evidence may be introduced and oral 21,549
arguments may be presented regarding the timeliness of the filing 21,550
of the appeal. If the court of common pleas determines that the 21,551
time for filing the appeal is extended as provided in division 21,552
(Q) of this section and that the appeal was filed within the 21,554
extended time provided in that division, the court shall 21,555
thereafter make its decision on the merits of the appeal. If the 21,556
court of common pleas determines that the time for filing the 21,557
appeal may not be extended as provided in division (Q) of this 21,559
section, the court shall dismiss the appeal accordingly. The 21,560
487
determination on timeliness by the court of common pleas may be 21,561
appealed to the court of appeals as in civil cases, and such 21,562
appeal shall be consolidated with any appeal from the decision by 21,563
the court of common pleas on the merits of the appeal. 21,564
(P) Any appeal from a determination or redetermination of 21,568
the administrator or a decision or order of the commission may be 21,571
executed in behalf of any party or any group of claimants by an 21,572
agent.
(Q) The time for filing an appeal, a request for review, 21,576
or a court appeal under this section shall be extended as 21,578
follows:
(1) When the last day of an appeal period is a Saturday, 21,580
Sunday, or legal holiday, the appeal period is extended to the 21,581
next work day after the Saturday, Sunday, or legal holiday; or 21,582
(2) When an interested party provides certified medical 21,584
evidence stating that the interested party's physical condition 21,585
or mental capacity prevented the interested party from filing a 21,586
an appeal or request for review pursuant to division (G), (H), or 21,588
(L) of this section within the appropriate twenty-one-day period, 21,589
the appeal period is extended to twenty-one days after the end of 21,590
the physical or mental condition and the appeal, or request for 21,592
review is considered timely filed if filed within that extended 21,594
period;
(3) When an interested party provides evidence, which 21,596
evidence may consist of testimony from the interested party, that 21,597
is sufficient to establish that the party did not actually 21,598
receive the determination or decision within the applicable 21,600
appeal period pursuant to division (G), (H), or (L) of this 21,601
section, and the administrator or the commission finds that the 21,602
interested party did not actually receive the determination or 21,604
decision within the applicable appeal period, then the appeal 21,605
period is extended to twenty-one days after the interested party 21,606
actually receives the determination or decision. 21,607
(4) When an interested party provides evidence, which 21,609
488
evidence may consist of testimony from the interested party, that 21,610
is sufficient to establish that the party did not actually 21,611
receive a decision within the thirty-day appeal period provided 21,612
in division (O)(1) of this section, and a court of common pleas 21,613
finds that the interested party did not actually receive the 21,614
decision within that thirty-day appeal period, then the appeal 21,615
period is extended to thirty days after the interested party 21,616
actually receives the decision. 21,617
(R) No finding of fact or law, decision, or order of the 21,619
administrator, hearing officer, or the review commission, or a 21,621
reviewing court pursuant to this section, shall be given 21,623
collateral estoppel or res judicata effect in any separate or 21,624
subsequent judicial, administrative, or arbitration proceeding, 21,625
other than a proceeding arising under this chapter. 21,626
Sec. 4501.25. There is hereby created in the state 21,635
treasury the state bureau of motor vehicles fund. The fund shall 21,636
consist of all money collected by the registrar of motor 21,637
vehicles, including taxes, fees, and fines levied, charged, or 21,638
referred to in Chapters 4501., 4503., 4505., 4506., 4507., 4509.,
4511., 4517., 4519., 4521., and sections 2301.374 3123.59, 21,639
2935.27, 2937.221, 3407.168, 4738.06, 4738.13, and 4738.18 of the 21,641
Revised Code unless otherwise designated by law. The fund shall 21,642
be used to pay the expenses of administering the law relative to 21,643
the powers and duties of the registrar of motor vehicles. All 21,644
investment earnings of the fund shall be retained by the fund. 21,645
Sec. 4506.071. On receipt of a notice pursuant to section 21,655
2301.374 3123.54 of the Revised Code, the registrar of motor 21,656
vehicles shall comply with that section SECTIONS 3123.52 TO 21,659
3123.615 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 21,661
commercial driver's license or commercial driver's temporary 21,662
instruction permit issued pursuant to this chapter.
Sec. 4507.08. (A) No probationary license shall be 21,672
issued to any person under the age of eighteen who has been 21,673
489
adjudicated an unruly or delinquent child or a juvenile traffic 21,674
offender for having committed any act that if committed by an 21,675
adult would be a drug abuse offense, as defined in section 21,676
2925.01 of the Revised Code, a violation of division (B) of 21,677
section 2917.11, or a violation of division (A) of section 21,678
4511.19 of the Revised Code, unless the person has been required 21,679
by the court to attend a drug abuse or alcohol abuse education, 21,680
intervention, or treatment program specified by the court and has 21,681
satisfactorily completed the program. 21,682
(B) No temporary instruction permit or driver's license 21,684
shall be issued to any person whose license has been suspended, 21,685
during the period for which the license was suspended, nor to any 21,686
person whose license has been revoked, under sections 4507.01 to 21,687
4507.39 of the Revised Code, until the expiration of one year 21,688
after the license was revoked. 21,689
(C) No temporary instruction permit or driver's license 21,691
shall be issued to any person whose commercial driver's license 21,692
is suspended under section 1905.201, 2301.374 3123.58, 4507.16, 21,693
4507.34, 4507.99, 4511.191, or 4511.196 of the Revised Code or 21,695
under any other provision of the Revised Code during the period 21,696
of the suspension. 21,697
No temporary instruction permit or driver's license shall 21,699
be issued to any person when issuance is prohibited by division 21,700
(A) of section 4507.091 of the Revised Code. 21,701
(D) No temporary instruction permit or driver's license 21,703
shall be issued to, or retained by, any of the following persons: 21,704
(1) Any person who is an alcoholic, or is addicted to the 21,706
use of controlled substances to the extent that the use 21,707
constitutes an impairment to the person's ability to operate a 21,708
motor vehicle with the required degree of safety; 21,709
(2) Any person who is under the age of eighteen and has 21,711
been adjudicated an unruly or delinquent child or a juvenile 21,712
traffic offender for having committed any act that if committed 21,713
by an adult would be a drug abuse offense, as defined in section 21,714
490
2925.01 of the Revised Code, a violation of division (B) of 21,715
section 2917.11, or a violation of division (A) of section 21,716
4511.19 of the Revised Code, unless the person has been required 21,717
by the court to attend a drug abuse or alcohol abuse education, 21,718
intervention, or treatment program specified by the court and has 21,719
satisfactorily completed the program; 21,720
(3) Any person who, in the opinion of the registrar, is 21,722
afflicted with or suffering from a physical or mental disability 21,723
or disease that prevents the person from exercising reasonable 21,724
and ordinary control over a motor vehicle while operating the 21,725
vehicle upon the highways, except that a restricted license 21,726
effective for six months may be issued to any person otherwise 21,727
qualified who is or has been subject to any condition resulting 21,728
in episodic impairment of consciousness or loss of muscular 21,729
control and whose condition, in the opinion of the registrar, is 21,730
dormant or is sufficiently under medical control that the person 21,731
is capable of exercising reasonable and ordinary control over a 21,732
motor vehicle. A restricted license effective for six months 21,733
shall be issued to any person who is otherwise qualified who is 21,734
subject to any condition that causes episodic impairment of 21,735
consciousness or a loss of muscular control if the person 21,736
presents a statement from a licensed physician that the person's 21,737
condition is under effective medical control and the period of 21,738
time for which the control has been continuously maintained, 21,739
unless, thereafter, a medical examination is ordered and, 21,740
pursuant thereto, cause for denial is found. 21,741
A person to whom a six-month restricted license has been 21,743
issued shall give notice of the person's medical condition to the 21,744
registrar on forms provided by the registrar and signed by the 21,745
licensee's physician. The notice shall be sent to the registrar 21,746
six months after the issuance of the license. Subsequent 21,747
restricted licenses issued to the same individual shall be 21,748
effective for six months. 21,749
(4) Any person who is unable to understand highway 21,751
491
warnings or traffic signs or directions given in the English 21,752
language; 21,753
(5) Any person making an application whose driver's 21,755
license or driving privileges are under revocation or suspension 21,756
in the jurisdiction where issued or any other jurisdiction, until 21,757
the expiration of one year after the license was revoked or until 21,758
the period of suspension ends. Any person whose application is 21,759
denied under this division may file a petition in the municipal 21,760
court or county court in whose jurisdiction the person resides 21,761
agreeing to pay the cost of the proceedings and alleging that the 21,762
conduct involved in the offense that resulted in suspension or 21,763
revocation in the foreign jurisdiction would not have resulted in 21,764
a suspension or revocation had the offense occurred in this 21,765
state. If the petition is granted, the petitioner shall notify 21,766
the registrar by a certified copy of the court's findings and a 21,768
license shall not be denied under this division.
(6) Any person whose driver's or commercial driver's 21,770
license or permit has been permanently revoked pursuant to 21,771
division (C) of section 4507.16 of the Revised Code; 21,772
(7) Any person who is not a resident or temporary resident 21,774
of this state. 21,775
Sec. 4507.111. On receipt of a notice pursuant to section 21,784
2301.374 3123.54 of the Revised Code, the registrar of motor 21,786
vehicles shall comply with that section SECTIONS 3123.52 TO 21,788
3123.615 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 21,791
driver's license, motorcycle operator's license or endorsement,
or temporary instruction permit issued pursuant to this chapter. 21,792
Sec. 4507.16. (A)(1) The trial judge of any court of 21,801
record, in addition to or independent of all other penalties 21,802
provided by law or by ordinance, shall suspend for not less than 21,803
thirty days or more than three years or shall revoke the driver's 21,804
or commercial driver's license or permit or nonresident operating 21,806
privilege of any person who is convicted of or pleads guilty to 21,807
492
any of the following: 21,808
(a) Perjury or the making of a false affidavit under this 21,810
chapter, or any other law of this state requiring the 21,811
registration of motor vehicles or regulating their operation on 21,812
the highway; 21,813
(b) Any crime punishable as a felony under the motor 21,815
vehicle laws of this state or any other felony in the commission 21,816
of which a motor vehicle is used; 21,817
(c) Failing to stop and disclose identity at the scene of 21,819
the accident when required by law or ordinance to do so; 21,820
(d) Street racing as defined in section 4511.251 of the 21,823
Revised Code or any substantially similar municipal ordinance; 21,824
(e) Willfully eluding or fleeing a police officer; 21,826
(f) Trafficking in cigarettes with the intent to avoid 21,828
payment of the cigarette tax under division (A) of section 21,829
5743.112 of the Revised Code; 21,830
(g) A violation of section 2903.06, 2903.07, or 2903.08 of 21,832
the Revised Code or a municipal ordinance substantially similar 21,833
to section 2903.07 of the Revised Code, unless the jury or judge 21,834
as trier of fact in the case finds that the offender was under 21,835
the influence of alcohol, a drug of abuse, or alcohol and a drug 21,836
of abuse at the time of the commission of the offense. 21,837
If a person is convicted of or pleads guilty to a violation 21,839
of section 2907.24 of the Revised Code, an attempt to commit a 21,840
violation of that section, or a violation of or an attempt to 21,841
commit a violation of a municipal ordinance that is substantially 21,842
equivalent to that section and if the person, in committing or 21,843
attempting to commit the violation, was in, was on, or used a
motor vehicle, the trial judge of a court of record, in addition 21,844
to or independent of all other penalties provided by law or 21,845
ordinance, shall suspend for thirty days the person's driver's or 21,846
commercial driver's license or permit. 21,847
The trial judge of any court of record, in addition to 21,849
suspensions or revocations of licenses, permits, or privileges 21,850
493
pursuant to this division and in addition to or independent of 21,851
all other penalties provided by law or by ordinance, shall impose 21,852
a suspended jail sentence not to exceed six months, if 21,853
imprisonment was not imposed for the offense for which the person 21,854
was convicted. 21,855
(2) If the trial judge of any court of record suspends or 21,858
revokes the driver's or commercial driver's license or permit or
nonresident operating privilege of a person who is convicted of 21,859
or pleads guilty to any offense for which such suspension or 21,860
revocation is provided by law or ordinance, in addition to all 21,861
other penalties provided by law or ordinance, the judge may issue 21,862
an order prohibiting the offender from registering, renewing, or 21,863
transferring the registration of any vehicle during the period 21,864
that the offender's license, permit, or privilege is suspended or
revoked. The court promptly shall send a copy of the order to 21,865
the registrar of motor vehicles. 21,866
Upon receipt of such an order, neither the registrar nor 21,868
any deputy registrar shall accept any application for the 21,869
registration, registration renewal, or transfer of registration 21,870
of any motor vehicle owned or leased by the person named in the 21,871
order during the period that the person's license, permit, or 21,872
privilege is suspended or revoked, unless the registrar is
properly notified by the court that the order of suspension or 21,873
revocation has been canceled. When the period of suspension or 21,874
revocation expires or the order is canceled, the registrar or 21,875
deputy registrar shall accept the application for registration, 21,876
registration renewal, or transfer of registration of the person
named in the order. 21,877
(B) Except as otherwise provided in this section, the 21,879
trial judge of any court of record and the mayor of a mayor's 21,880
court, in addition to or independent of all other penalties 21,881
provided by law or by ordinance, shall revoke the driver's or 21,882
commercial driver's license or permit or nonresident operating 21,883
privilege of any person who is convicted of or pleads guilty to a 21,884
494
violation of division (A) of section 4511.19 of the Revised Code, 21,885
of a municipal ordinance relating to operating a vehicle while 21,886
under the influence of alcohol, a drug of abuse, or alcohol and a 21,887
drug of abuse, or of a municipal ordinance that is substantially 21,888
equivalent to division (A) of section 4511.19 of the Revised Code 21,889
relating to operating a vehicle with a prohibited concentration 21,890
of alcohol in the blood, breath, or urine or suspend the license, 21,891
permit, or privilege as follows: 21,892
(1) Except when division (B)(2), (3), or (4) of this 21,894
section applies and the judge or mayor is required to suspend or 21,895
revoke the offender's license or permit pursuant to that 21,896
division, the judge or mayor shall suspend the offender's 21,897
driver's or commercial driver's license or permit or nonresident 21,898
operating privilege for not less than six months nor more than 21,899
three years. 21,900
(2) Subject to division (B)(4) of this section, if, within 21,902
six years of the offense, the offender has been convicted of or 21,904
pleaded guilty to one violation of division (A) or (B) of section 21,905
4511.19 of the Revised Code, a municipal ordinance relating to 21,906
operating a vehicle while under the influence of alcohol, a drug 21,907
of abuse, or alcohol and a drug of abuse, a municipal ordinance 21,908
relating to operating a motor vehicle with a prohibited 21,909
concentration of alcohol in the blood, breath, or urine, section 21,910
2903.04 of the Revised Code in a case in which the offender was 21,911
subject to the sanctions described in division (D) of that 21,912
section, section 2903.06, 2903.07, or 2903.08 of the Revised Code 21,913
or a municipal ordinance that is substantially similar to section 21,914
2903.07 of the Revised Code in a case in which the jury or judge 21,915
found that the offender was under the influence of alcohol, a 21,916
drug of abuse, or alcohol and a drug of abuse, or a statute of 21,917
the United States or of any other state or a municipal ordinance 21,918
of a municipal corporation located in any other state that is 21,919
substantially similar to division (A) or (B) of section 4511.19 21,920
of the Revised Code, the judge shall suspend the offender's 21,921
495
driver's or commercial driver's license or permit or nonresident 21,922
operating privilege for not less than one year nor more than five 21,923
years.
(3) Subject to division (B)(4) of this section, if, within 21,925
six years of the offense, the offender has been convicted of or 21,926
pleaded guilty to two violations described in division (B)(2) of 21,927
this section, or a statute of the United States or of any other 21,928
state or a municipal ordinance of a municipal corporation located 21,930
in any other state that is substantially similar to division (A) 21,931
or (B) of section 4511.19 of the Revised Code, the judge shall 21,932
suspend the offender's driver's or commercial driver's license or 21,933
permit or nonresident operating privilege for not less than one 21,934
year nor more than ten years.
(4) If, within six years of the offense, the offender has 21,936
been convicted of or pleaded guilty to three or more violations 21,937
described in division (B)(2) of this section, a statute of the 21,939
United States or of any other state or a municipal ordinance of a 21,940
municipal corporation located in any other state that is 21,941
substantially similar to division (A) or (B) of section 4511.19
of the Revised Code, or if the offender previously has been 21,943
convicted of or pleaded guilty to a violation of division (A) of 21,944
section 4511.19 of the Revised Code under circumstances in which 21,945
the violation was a felony and regardless of when the violation 21,946
and the conviction or guilty plea occurred, the judge shall
suspend the offender's driver's or commercial driver's license or 21,948
permit or nonresident operating privilege for a period of time 21,949
set by the court but not less than three years, and the judge may 21,950
permanently revoke the offender's driver's or commercial driver's 21,951
license or permit or nonresident operating privilege. 21,952
(5) The filing of an appeal by a person whose driver's or 21,954
commercial driver's license is suspended or revoked under 21,955
division (B)(1), (2), (3), or (4) of this section regarding any 21,956
aspect of the person's trial or sentence does not stay the 21,957
operation of the suspension or revocation. 21,959
496
(C) The trial judge of any court of record or the mayor of 21,961
a mayor's court, in addition to or independent of all other 21,962
penalties provided by law or by ordinance, may suspend the 21,963
driver's or commercial driver's license or permit or nonresident 21,964
operating privilege of any person who violates a requirement or 21,965
prohibition of the court imposed under division (F) of this 21,966
section or division (G)(1) of section 2951.02 of the Revised Code 21,968
as follows:
(1) For not more than one year, upon conviction for a 21,970
first violation of the requirement or prohibition; 21,971
(2) For not more than five years, upon conviction for a 21,973
second or subsequent violation of the requirement or prohibition 21,974
during the same period of required use of an ignition interlock 21,975
device that is certified pursuant to section 4511.83 of the 21,976
Revised Code. 21,977
(D)(1) The trial judge of any court of record, in addition 21,979
to or independent of all other penalties provided by law or by 21,980
ordinance, shall permanently revoke the driver's or commercial 21,981
driver's license or permit or nonresident operating privilege of 21,982
any person who is convicted of or pleads guilty to a violation of 21,983
section 2903.04 of the Revised Code in a case in which the 21,984
offender is subject to the sanctions described in division (D) of 21,985
that section, or of any person who is convicted of or pleads 21,986
guilty to a violation of section 2903.06, 2903.07, or 2903.08 of 21,987
the Revised Code or of a municipal ordinance that is 21,988
substantially similar to section 2903.07 of the Revised Code if 21,989
the jury or judge as trier of fact in the case in which the 21,990
person is convicted finds that the offender was under the 21,991
influence of alcohol, a drug of abuse, or alcohol and a drug of 21,992
abuse, at the time of the commission of the offense. 21,993
(2) In addition to any prison term authorized or required 21,995
by the section that establishes the offense and sections 2929.13 21,997
and 2929.14 of the Revised Code, and in addition to any other 21,998
sanction imposed for the offense under the section that 21,999
497
establishes the offense or sections 2929.11 to 2929.182 of the 22,000
Revised Code, the court that sentences an offender who is 22,001
convicted of or pleads guilty to a violation of section 2925.02, 22,002
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 22,003
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 22,007
revoke, shall suspend for not less than six months or more than 22,008
five years, as specified in the section that establishes the 22,009
offense, the person's driver's or commercial driver's license or 22,011
permit. If the person's driver's or commercial driver's license 22,012
or permit is under suspension on the date the court imposes 22,013
sentence upon the person, any revocation imposed upon the person 22,014
that is referred to in division (D)(2) of this section shall take 22,016
effect immediately. If the person's driver's or commercial 22,017
driver's license or permit is under suspension on the date the 22,018
court imposes sentence upon the person, any period of suspension 22,019
imposed upon the person that is referred to in division (D)(2) of 22,020
this section shall take effect on the next day immediately 22,021
following the end of that period of suspension. If the person is 22,022
sixteen years of age or older and is a resident of this state but 22,023
does not have a current, valid Ohio driver's or commercial 22,024
driver's license or permit, the court shall order the registrar 22,025
to deny to the person the issuance of a driver's or commercial 22,026
driver's license or permit for six months beginning on the date 22,027
the court imposes a sentence upon the person. If the person has 22,028
not attained the age of sixteen years on the date the court 22,029
sentences the person for the violation, the period of denial 22,030
shall commence on the date the person attains the age of sixteen 22,032
years.
(E) Except as otherwise provided in this section, the 22,034
trial judge of any court of record and the mayor of a mayor's 22,035
court, in addition to or independent of all other penalties 22,036
provided by law or ordinance, shall suspend for not less than 22,037
sixty days nor more than two years the driver's or commercial 22,038
498
driver's license or permit or nonresident operating privilege of 22,039
any person who is convicted of or pleads guilty to a violation of 22,040
division (B) of section 4511.19 of the Revised Code or of a 22,041
municipal ordinance substantially equivalent to that division 22,042
relating to operating a vehicle with a prohibited concentration 22,043
of alcohol in the blood, breath, or urine. 22,044
(F) If a person's driver's or commercial driver's license 22,046
or permit or nonresident operating privilege has been suspended 22,047
pursuant to division (B) or (C) of this section or pursuant to 22,048
division (F) of section 4511.191 of the Revised Code, and the 22,049
person, within the preceding seven years, has been convicted of 22,050
or pleaded guilty to three or more violations of division (A) or 22,051
(B) of section 4511.19 of the Revised Code, a municipal ordinance 22,052
relating to operating a vehicle while under the influence of 22,053
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 22,054
municipal ordinance relating to operating a vehicle with a 22,055
prohibited concentration of alcohol in the blood, breath, or 22,056
urine, section 2903.04 of the Revised Code in a case in which the 22,057
person was subject to the sanctions described in division (D) of 22,058
that section, section 2903.06, 2903.07, or 2903.08 of the Revised 22,060
Code or a municipal ordinance that is substantially similar to 22,061
section 2903.07 of the Revised Code in a case in which the jury 22,062
or judge found that the person was under the influence of 22,063
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 22,065
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 22,066
4511.19 of the Revised Code, the person is not entitled to 22,068
request, and the judge or mayor shall not grant to the person, 22,069
occupational driving privileges under this division. Any other 22,070
person whose driver's or commercial driver's license or 22,071
nonresident operating privilege has been suspended under any of 22,072
those divisions may file a petition that alleges that the 22,073
suspension would seriously affect the person's ability to 22,074
499
continue the person's employment. The petition of a person whose 22,076
license, permit, or privilege was suspended pursuant to division 22,077
(F) of section 4511.191 of the Revised Code shall be filed in the 22,078
court specified in division (I)(4) of that section, and the 22,079
petition of a person whose license, permit, or privilege was 22,080
suspended under division (B) or (C) of this section shall be
filed in the municipal, county, mayor's, or in the case of a 22,081
minor, juvenile court that has jurisdiction over the place of 22,082
arrest. Upon satisfactory proof that there is reasonable cause 22,083
to believe that the suspension would seriously affect the 22,084
person's ability to continue the person's employment, the judge 22,086
of the court or mayor of the mayor's court may grant the person 22,087
occupational driving privileges during the period during which 22,088
the suspension otherwise would be imposed, except that the judge 22,089
or mayor shall not grant occupational driving privileges to any 22,090
person who, within seven years of the filing of the petition, has 22,091
been convicted of or pleaded guilty to three or more violations 22,092
of division (A) or (B) of section 4511.19 of the Revised Code, a 22,093
municipal ordinance relating to operating a vehicle while under 22,094
the influence of alcohol, a drug of abuse, or alcohol and a drug 22,095
of abuse, a municipal ordinance relating to operating a vehicle 22,096
with a prohibited concentration of alcohol in the blood, breath, 22,097
or urine, section 2903.04 of the Revised Code in a case in which 22,098
the person was subject to the sanctions described in division (D) 22,099
of that section, section 2903.06, 2903.07, or 2903.08 of the 22,100
Revised Code or a municipal ordinance that is substantially 22,101
similar to section 2903.07 of the Revised Code in a case in which 22,102
the jury or judge found that the person was under the influence 22,103
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 22,105
statute of the United States or of any other state or a municipal 22,106
ordinance of a municipal corporation located in any other state 22,107
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, shall not grant occupational driving 22,109
privileges for employment as a driver of commercial motor 22,110
500
vehicles to any person who is disqualified from operating a 22,111
commercial motor vehicle under section 2301.374 3123.611 or 22,112
4506.16 of the Revised Code, and shall not grant occupational 22,114
driving privileges during any of the following periods of time: 22,115
(1) The first fifteen days of suspension imposed upon an 22,117
offender whose license, permit, or privilege is suspended 22,118
pursuant to division (B)(1) of this section or division (F)(1) of 22,119
section 4511.191 of the Revised Code. On or after the sixteenth 22,120
day of suspension, the court may grant the offender occupational 22,121
driving privileges, but the court may provide that the offender 22,122
shall not exercise the occupational driving privileges unless the 22,124
vehicles the offender operates are equipped with ignition 22,125
interlock devices. 22,126
(2) The first thirty days of suspension imposed upon an 22,128
offender whose license, permit, or privilege is suspended 22,129
pursuant to division (B)(2) of this section or division (F)(2) of 22,130
section 4511.191 of the Revised Code. On or after the 22,131
thirty-first day of suspension, the court may grant the offender 22,132
occupational driving privileges, but the court may provide that 22,133
the offender shall not exercise the occupational driving 22,134
privileges unless the vehicles the offender operates are equipped 22,136
with ignition interlock devices.
(3) The first one hundred eighty days of suspension 22,138
imposed upon an offender whose license, permit, or privilege is 22,139
suspended pursuant to division (B)(3) of this section or division 22,140
(F)(3) of section 4511.191 of the Revised Code. The judge may 22,141
grant occupational driving privileges to an offender who receives 22,142
a suspension under either of those divisions on or after the one 22,144
hundred eighty-first day of the suspension only if division (F) 22,145
of this section does not prohibit the judge from granting the 22,146
privileges and only if the judge, at the time of granting the 22,147
privileges, also issues an order prohibiting the offender, while 22,149
exercising the occupational driving privileges during the period 22,150
commencing with the one hundred eighty-first day of suspension 22,151
501
and ending with the first year of suspension, from operating any 22,152
motor vehicle unless it is equipped with a certified ignition 22,153
interlock device. After the first year of the suspension, the 22,154
court may authorize the offender to continue exercising the 22,155
occupational driving privileges in vehicles that are not equipped 22,156
with ignition interlock devices. If the offender does not 22,157
petition for occupational driving privileges until after the 22,158
first year of suspension and if division (F) of this section does 22,159
not prohibit the judge from granting the privileges, the judge 22,160
may grant the offender occupational driving privileges without 22,161
requiring the use of a certified ignition interlock device. 22,162
(4) The first three years of suspension imposed upon an 22,164
offender whose license, permit, or privilege is suspended 22,165
pursuant to division (B)(4) of this section or division (F)(4) of 22,166
section 4511.191 of the Revised Code. The judge may grant 22,167
occupational driving privileges to an offender who receives a 22,168
suspension under either of those divisions after the first three 22,170
years of suspension only if division (F) of this section does not 22,171
prohibit the judge from granting the privileges and only if the 22,172
judge, at the time of granting the privileges, also issues an 22,173
order prohibiting the offender from operating any motor vehicle, 22,174
for the period of suspension following the first three years of 22,175
suspension, unless the motor vehicle is equipped with a certified 22,176
ignition interlock device. 22,177
(G) If a person's driver's or commercial driver's license 22,179
or permit or nonresident operating privilege has been suspended 22,180
under division (E) of this section, and the person, within the 22,181
preceding seven years, has been convicted of or pleaded guilty to 22,182
three or more violations of division (A) or (B) of section 22,183
4511.19 of the Revised Code, a municipal ordinance relating to 22,184
operating a vehicle while under the influence of alcohol, a drug 22,185
of abuse, or alcohol and a drug of abuse, a municipal ordinance 22,186
relating to operating a vehicle with a prohibited concentration 22,187
of alcohol in the blood, breath, or urine, section 2903.04 of the 22,188
502
Revised Code in a case in which the person was subject to the 22,189
sanctions described in division (D) of that section, section 22,190
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal 22,191
ordinance that is substantially similar to section 2903.07 of the 22,192
Revised Code in a case in which the jury or judge found that the 22,193
person was under the influence of alcohol, a drug of abuse, or 22,194
alcohol and a drug of abuse, or a statute of the United States or 22,196
of any other state or a municipal ordinance of a municipal 22,197
corporation located in any other state that is substantially 22,198
similar to division (A) or (B) of section 4511.19 of the Revised 22,199
Code, the person is not entitled to request, and the judge or 22,201
mayor shall not grant to the person, occupational driving 22,202
privileges under this division. Any other person whose driver's 22,203
or commercial driver's license or nonresident operating privilege 22,204
has been suspended under division (E) of this section may file a 22,205
petition that alleges that the suspension would seriously affect 22,206
the person's ability to continue the person's employment. The 22,207
petition shall be filed in the municipal, county, or mayor's 22,209
court that has jurisdiction over the place of arrest. Upon 22,210
satisfactory proof that there is reasonable cause to believe that 22,211
the suspension would seriously affect the person's ability to 22,212
continue the person's employment, the judge of the court or mayor 22,214
of the mayor's court may grant the person occupational driving 22,215
privileges during the period during which the suspension 22,216
otherwise would be imposed, except that the judge or mayor shall 22,217
not grant occupational driving privileges to any person who, 22,218
within seven years of the filing of the petition, has been 22,219
convicted of or pleaded guilty to three or more violations of 22,220
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under 22,221
the influence of alcohol, a drug of abuse, or alcohol and a drug 22,222
of abuse, a municipal ordinance relating to operating a vehicle 22,223
with a prohibited concentration of alcohol in the blood, breath, 22,224
or urine, section 2903.04 of the Revised Code in a case in which 22,225
503
the person was subject to the sanctions described in division (D) 22,226
of that section, section 2903.06, 2903.07, or 2903.08 of the 22,227
Revised Code or a municipal ordinance that is substantially 22,228
similar to section 2903.07 of the Revised Code in a case in which 22,229
the jury or judge found that the person was under the influence 22,230
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 22,232
statute of the United States or of any other state or a municipal 22,233
ordinance of a municipal corporation located in any other state 22,234
that is substantially similar to division (A) or (B) of section 22,235
4511.19 of the Revised Code, shall not grant occupational driving 22,236
privileges for employment as a driver of commercial motor 22,237
vehicles to any person who is disqualified from operating a 22,238
commercial motor vehicle under section 4506.16 of the Revised 22,239
Code, and shall not grant occupational driving privileges during 22,240
the first sixty days of suspension imposed upon an offender whose 22,241
driver's or commercial driver's license or permit or nonresident 22,242
operating privilege is suspended pursuant to division (E) of this 22,243
section.
(H)(1) After a driver's or commercial driver's license or 22,245
permit has been suspended or revoked pursuant to this section, 22,247
the judge of the court or mayor of the mayor's court that 22,248
suspended or revoked the license or permit shall cause the 22,249
offender to deliver the license or permit to the court. The 22,250
judge, mayor, or clerk of the court or mayor's court, if the 22,251
license or permit has been suspended or revoked in connection 22,252
with any of the offenses listed in this section, forthwith shall 22,253
forward it to the registrar with notice of the action of the 22,255
court.
(2) Suspension of a commercial driver's license under this 22,257
section shall be concurrent with any period of disqualification 22,258
under section 2301.374 3123.611 or 4506.16 of the Revised Code OR 22,260
PERIOD OF SUSPENSION UNDER SECTION 3123.58 OF THE REVISED CODE. 22,261
No person who is disqualified for life from holding a commercial 22,263
driver's license under section 4506.16 of the Revised Code shall 22,264
504
be issued a driver's license under this chapter during the period 22,265
for which the commercial driver's license was suspended under 22,266
this section, and no person whose commercial driver's license is 22,267
suspended under this section shall be issued a driver's license 22,268
under this chapter during the period of the suspension. 22,269
(I) No judge shall suspend the first thirty days of 22,271
suspension of a driver's or commercial driver's license or permit 22,273
or a nonresident operating privilege required under division (A) 22,274
of this section, no judge or mayor shall suspend the first six 22,275
months of suspension required under division (B)(1) of this 22,276
section, no judge shall suspend the first year of suspension 22,277
required under division (B)(2) of this section, no judge shall 22,278
suspend the first year of suspension required under division 22,279
(B)(3) of this section, no judge shall suspend the first three 22,280
years of suspension required under division (B)(4) of this 22,281
section, no judge or mayor shall suspend the revocation required 22,282
by division (D) of this section, and no judge or mayor shall 22,283
suspend the first sixty days of suspension required under 22,284
division (E) of this section, except that the court shall credit 22,285
any period of suspension imposed pursuant to section 4511.191 or 22,286
4511.196 of the Revised Code against any time of suspension 22,287
imposed pursuant to division (B) or (E) of this section as 22,288
described in division (J) of this section.
(J) The judge of the court or mayor of the mayor's court 22,290
shall credit any time during which an offender was subject to an 22,291
administrative suspension of the offender's driver's or 22,292
commercial driver's license or permit or nonresident operating 22,294
privilege imposed pursuant to division (E) or (F) of section 22,295
4511.191 or a suspension imposed by a judge, referee, or mayor 22,296
pursuant to division (B)(1) or (2) of section 4511.196 of the 22,297
Revised Code against the time to be served under a related 22,298
suspension imposed pursuant to this section. 22,299
(K) The judge or mayor shall notify the bureau of any 22,301
determinations made, and of any suspensions or revocations 22,302
505
imposed, pursuant to division (B) of this section. 22,303
(L)(1) If a court issues an ignition interlock order under 22,305
division (F) of this section, the order shall authorize the 22,306
offender during the specified period to operate a motor vehicle 22,307
only if it is equipped with a certified ignition interlock 22,308
device. The court shall provide the offender with a copy of an 22,309
ignition interlock order issued under division (F) of this 22,310
section, and the copy of the order shall be used by the offender 22,311
in lieu of an Ohio driver's or commercial driver's license or 22,312
permit until the registrar or a deputy registrar issues the 22,313
offender a restricted license. 22,314
An order issued under division (F) of this section does not 22,316
authorize or permit the offender to whom it has been issued to 22,317
operate a vehicle during any time that the offender's driver's or 22,318
commercial driver's license or permit is suspended or revoked 22,319
under any other provision of law. 22,320
(2) The offender may present the ignition interlock order 22,322
to the registrar or to a deputy registrar. Upon presentation of 22,323
the order to the registrar or a deputy registrar, the registrar 22,324
or deputy registrar shall issue the offender a restricted 22,325
license. A restricted license issued under this division shall 22,326
be identical to an Ohio driver's license, except that it shall 22,327
have printed on its face a statement that the offender is 22,328
prohibited during the period specified in the court order from 22,329
operating any motor vehicle that is not equipped with a certified 22,330
ignition interlock device, and except that the date of 22,331
commencement and the date of termination of the period shall be 22,332
indicated conspicuously upon the face of the license. 22,333
(3) As used in this section: 22,335
(a) "Ignition interlock device" has the same meaning as in 22,337
section 4511.83 of the Revised Code. 22,338
(b) "Certified ignition interlock device" means an 22,340
ignition interlock device that is certified pursuant to section 22,341
4511.83 of the Revised Code. 22,342
506
Sec. 4507.34. Whenever a person is found guilty under the 22,351
laws of this state or under any ordinance of any political 22,352
subdivision of this state, of operating a motor vehicle in 22,353
violation of such laws or ordinances, relating to reckless 22,354
operation, the trial court of any court of record may, in 22,355
addition to or independent of all other penalties provided by 22,356
law, suspend for any period of time or revoke the driver's 22,357
license or commercial driver's license of any person so convicted 22,358
or pleading guilty to such offenses for any period that it 22,359
determines, not to exceed one year. 22,360
Suspension of a commercial driver's license under this 22,362
section shall be concurrent with any period of disqualification 22,363
under section 2301.374 3123.611 or 4506.16 of the Revised Code OR 22,365
PERIOD OF SUSPENSION UNDER SECTION 3123.58 OF THE REVISED CODE. 22,366
No person who is disqualified for life from holding a commercial 22,368
driver's license under section 4506.16 of the Revised Code shall 22,369
be issued a driver's license under this chapter during the period 22,370
for which the commercial driver's license was suspended under 22,371
this section, and no person whose commercial driver's license is 22,372
suspended under this section shall be issued a driver's license 22,373
under this chapter during the period of the suspension. 22,374
Sec. 4507.99. (A) Whoever violates division (B)(2) or 22,383
(D)(1) of section 4507.02 of the Revised Code is guilty of 22,384
driving under suspension or revocation or in violation of license 22,385
restrictions, a misdemeanor of the first degree. Whoever 22,386
violates division (C) of section 4507.02 of the Revised Code is 22,387
guilty of driving without paying a license reinstatement fee, a 22,388
misdemeanor of the first degree. Except as otherwise provided in 22,389
division (D) of section 4507.162 of the Revised Code, the court, 22,390
in addition to or independent of all other penalties provided by 22,391
law, may suspend for a period not to exceed one year the driver's 22,392
or commercial driver's license or permit or nonresident operating 22,393
privilege of any person who pleads guilty to or is convicted of a 22,394
violation of division (B)(2), (C), or (D)(1) of section 4507.02 22,395
507
of the Revised Code. 22,396
(B) Whoever violates division (D)(2) of section 4507.02 of 22,398
the Revised Code is guilty of driving under OMVI suspension or 22,399
revocation and shall be punished as provided in division (B)(1), 22,400
(2), or (3) and divisions (B)(4) to (8) of this section. 22,401
(1) Except as otherwise provided in division (B)(2) or (3) 22,403
of this section, driving under OMVI suspension or revocation is a 22,404
misdemeanor of the first degree, and the court shall sentence the 22,405
offender to a term of imprisonment of not less than three 22,406
consecutive days and may sentence the offender pursuant to 22,407
section 2929.21 of the Revised Code to a longer term of 22,408
imprisonment. As an alternative to the term of imprisonment 22,409
required to be imposed by this division, but subject to division 22,410
(B)(6) of this section, the court may sentence the offender to a 22,411
term of not less than thirty consecutive days of electronically 22,412
monitored house arrest as defined in division (A)(4) of section 22,413
2929.23 of the Revised Code. The period of electronically 22,414
monitored house arrest shall not exceed six months. In addition, 22,415
the court shall impose upon the offender a fine of not less than 22,416
two hundred fifty and not more than one thousand dollars. 22,417
Regardless of whether the vehicle the offender was 22,419
operating at the time of the offense is registered in the 22,420
offender's name or in the name of another person, the court, in 22,421
addition to or independent of any other sentence that it imposes 22,422
upon the offender and subject to section 4503.235 of the Revised 22,423
Code, shall order the immobilization for thirty days of the 22,424
vehicle the offender was operating at the time of the offense and 22,425
the impoundment for thirty days of the identification license 22,426
plates of that vehicle. The order for immobilization and 22,427
impoundment shall be issued and enforced in accordance with 22,428
section 4503.233 of the Revised Code. 22,429
(2) If, within five years of the offense, the offender has 22,431
been convicted of or pleaded guilty to one violation of division 22,432
(D)(2) of section 4507.02 of the Revised Code or a municipal 22,433
508
ordinance that is substantially equivalent to that division, 22,434
driving under OMVI suspension or revocation is a misdemeanor, and 22,435
the court shall sentence the offender to a term of imprisonment 22,436
of not less than ten consecutive days and may sentence the 22,437
offender to a longer definite term of imprisonment of not more 22,438
than one year. As an alternative to the term of imprisonment 22,439
required to be imposed by this division, but subject to division 22,440
(B)(6) of this section, the court may sentence the offender to a 22,441
term of not less than ninety consecutive days of electronically 22,442
monitored house arrest as defined in division (A)(4) of section 22,443
2929.23 of the Revised Code. The period of electronically 22,444
monitored house arrest shall not exceed one year. In addition, 22,445
the court shall impose upon the offender a fine of not less than 22,446
five hundred and not more than two thousand five hundred dollars. 22,447
Regardless of whether the vehicle the offender was 22,449
operating at the time of the offense is registered in the 22,450
offender's name or in the name of another person, the court, in 22,451
addition to or independent of any other sentence that it imposes 22,452
upon the offender and subject to section 4503.235 of the Revised 22,453
Code, shall order the immobilization for sixty days of the 22,454
vehicle the offender was operating at the time of the offense and 22,455
the impoundment for sixty days of the identification license 22,456
plates of that vehicle. The order for immobilization and 22,457
impoundment shall be issued and enforced in accordance with 22,458
section 4503.233 of the Revised Code. 22,459
(3) If, within five years of the offense, the offender has 22,461
been convicted of or pleaded guilty to two or more violations of 22,462
division (D)(2) of section 4507.02 of the Revised Code or a 22,463
municipal ordinance that is substantially equivalent to that 22,464
division, driving under OMVI suspension or revocation is guilty 22,465
of a misdemeanor. The court shall sentence the offender to a 22,466
term of imprisonment of not less than thirty consecutive days and 22,467
may sentence the offender to a longer definite term of 22,468
imprisonment of not more than one year. The court shall not 22,469
509
sentence the offender to a term of electronically monitored house 22,470
arrest as defined in division (A)(4) of section 2929.23 of the 22,471
Revised Code. In addition, the court shall impose upon the 22,472
offender a fine of not less than five hundred and not more than 22,473
two thousand five hundred dollars. 22,474
Regardless of whether the vehicle the offender was 22,476
operating at the time of the offense is registered in the 22,477
offender's name or in the name of another person, the court, in 22,478
addition to or independent of any other sentence that it imposes 22,479
upon the offender and subject to section 4503.235 of the Revised 22,480
Code, shall order the criminal forfeiture to the state of the 22,481
vehicle the offender was operating at the time of the offense. 22,482
The order of criminal forfeiture shall be issued and enforced in 22,483
accordance with section 4503.234 of the Revised Code. 22,484
If title to a motor vehicle that is subject to an order for 22,486
criminal forfeiture under this section is assigned or transferred 22,487
and division (C)(2) or (3) of section 4503.234 of the Revised 22,489
Code applies, in addition to or independent of any other penalty 22,490
established by law, the court may fine the offender the value of 22,491
the vehicle as determined by publications of the national auto 22,492
dealer's association. The proceeds from any fine imposed under 22,493
this division shall be distributed in accordance with division 22,494
(D)(4) of section 4503.234 of the Revised Code. 22,496
(4) In addition to or independent of all other penalties 22,498
provided by law or ordinance, the trial judge of any court of 22,499
record or the mayor of a mayor's court shall suspend for a period 22,500
not to exceed one year the driver's or commercial driver's 22,501
license or permit or nonresident operating privilege of an 22,502
offender who is sentenced under division (B)(1), (2), or (3) of 22,503
this section. 22,504
(5) Fifty per cent of any fine imposed by a court under 22,506
division (B)(1), (2), or (3) of this section shall be deposited 22,507
into the county indigent drivers alcohol treatment fund or 22,509
municipal indigent drivers alcohol treatment fund under the 22,510
510
control of that court, as created by the county or municipal 22,511
corporation pursuant to division (N) of section 4511.191 of the 22,512
Revised Code.
(6) No court shall impose the alternative sentence of not 22,514
less than thirty consecutive days of electronically monitored 22,515
house arrest permitted to be imposed by division (B)(1) of this 22,516
section or the alternative sentence of a term of not less than 22,517
ninety consecutive days of electronically monitored house arrest 22,518
permitted to be imposed by division (B)(2) of this section, 22,519
unless within sixty days of the date of sentencing, the court 22,520
issues a written finding, entered into the record, that, due to 22,521
the unavailability of space at the incarceration facility where 22,522
the offender is required to serve the term of imprisonment 22,523
imposed upon the offender, the offender will not be able to begin 22,524
serving that term of imprisonment within the sixty-day period 22,526
following the date of sentencing. If the court issues such a 22,527
finding, the court may impose the alternative sentence comprised 22,528
of or including electronically monitored house arrest permitted 22,529
to be imposed by division (B)(1) or (2) of this section. 22,530
(7) An offender sentenced under this section to a period 22,532
of electronically monitored house arrest shall be permitted work 22,533
release during such period. The duration of the work release 22,534
shall not exceed the time necessary each day for the offender to 22,535
commute to and from the place of employment and the offender's 22,536
home or other place specified by the sentencing court and the 22,537
time actually spent under employment. 22,538
(8) Suspension of a commercial driver's license under this 22,540
section shall be concurrent with any period of disqualification 22,541
under section 2301.374 3123.611 or 4506.16 of the Revised Code OR 22,543
ANY PERIOD OF SUSPENSION UNDER SECTION 3123.58 OF THE REVISED 22,544
CODE. No person who is disqualified for life from holding a 22,545
commercial driver's license under section 4506.16 of the Revised 22,546
Code shall be issued a driver's license under this chapter during 22,547
the period for which the commercial driver's license was 22,548
511
suspended under this section, and no person whose commercial 22,549
driver's license is suspended under this section shall be issued 22,550
a driver's license under this chapter during the period of the 22,551
suspension.
(C) Whoever violates division (B)(1) of section 4507.02 of 22,553
the Revised Code is guilty of driving under financial 22,554
responsibility law suspension or revocation and shall be punished 22,555
as provided in division (C)(1), (2), or (3) and division (C)(4) 22,556
of this section. 22,557
(1) Except as otherwise provided in division (C)(2) or (3) 22,559
of this section, driving under financial responsibility law 22,560
suspension or revocation is a misdemeanor of the first degree. 22,561
Regardless of whether the vehicle the offender was 22,563
operating at the time of the offense is registered in the 22,564
offender's name or in the name of another person, the court, in 22,565
addition to or independent of any other sentence that it imposes 22,566
upon the offender and subject to section 4503.235 of the Revised 22,567
Code, shall order the immobilization for thirty days of the 22,568
vehicle the offender was operating at the time of the offense and 22,569
the impoundment for thirty days of the identification license 22,570
plates of that vehicle. The order for immobilization and 22,571
impoundment shall be issued and enforced in accordance with 22,572
section 4503.233 of the Revised Code. 22,573
(2) If, within five years of the offense, the offender has 22,575
been convicted of or pleaded guilty to one violation of division 22,576
(B)(1) of section 4507.02 of the Revised Code or a municipal 22,577
ordinance that is substantially equivalent to that division, 22,578
driving under financial responsibility law suspension or 22,579
revocation is a misdemeanor of the first degree. 22,580
Regardless of whether the vehicle the offender was 22,582
operating at the time of the offense is registered in the 22,583
offender's name or in the name of another person, the court, in 22,584
addition to or independent of any other sentence that it imposes 22,585
upon the offender and subject to section 4503.235 of the Revised 22,586
512
Code, shall order the immobilization for sixty days of the 22,587
vehicle the offender was operating at the time of the offense and 22,588
the impoundment for sixty days of the identification license 22,589
plates of that vehicle. The order for immobilization and 22,590
impoundment shall be issued and enforced in accordance with 22,591
section 4503.233 of the Revised Code. 22,592
(3) If, within five years of the offense, the offender has 22,594
been convicted of or pleaded guilty to two or more violations of 22,595
division (B)(1) of section 4507.02 of the Revised Code or a 22,596
municipal ordinance that is substantially equivalent to that 22,597
division, driving under financial responsibility law suspension 22,598
or revocation is a misdemeanor of the first degree. 22,599
Regardless of whether the vehicle the offender was 22,601
operating at the time of the offense is registered in the 22,602
offender's name or in the name of another person, the court, in 22,603
addition to or independent of any other sentence that it imposes 22,604
upon the offender and subject to section 4503.235 of the Revised 22,605
Code, shall order the criminal forfeiture to the state of the 22,606
vehicle the offender was operating at the time of the offense. 22,607
The order of criminal forfeiture shall be issued and enforced in 22,608
accordance with section 4503.234 of the Revised Code. 22,609
If title to a motor vehicle that is subject to an order for 22,611
criminal forfeiture under this section is assigned or transferred 22,612
and division (C)(2) or (3) of section 4503.234 of the Revised 22,614
Code applies, in addition to or independent of any other penalty 22,615
established by law, the court may fine the offender the value of 22,616
the vehicle as determined by publications of the national auto 22,617
dealer's association. The proceeds from any fine imposed under 22,618
this division shall be distributed in accordance with division 22,619
(D)(4) of section 4503.234 of the Revised Code. 22,620
(4) Except as otherwise provided in division (D) of 22,622
section 4507.162 of the Revised Code, the court, in addition to 22,623
or independent of all other penalties provided by law, may 22,624
suspend for a period not to exceed one year the driver's or 22,625
513
commercial driver's license or permit or nonresident operating 22,626
privilege of an offender who is sentenced under division (C)(1), 22,627
(2), or (3) of this section. 22,628
(5) The court shall not release a vehicle from the 22,630
immobilization ordered under division (C)(1) or (2) of this 22,631
section unless the court is presented with current proof of 22,632
financial responsibility with respect to that vehicle.
(D) Whoever violates division (A)(1) or (3) of section 22,634
4507.02 of the Revised Code by operating a motor vehicle when the 22,636
offender's driver's or commercial driver's license has been 22,637
expired for no more than six months is guilty of a minor 22,638
misdemeanor. Whoever violates division (B) of section 4507.13 or 22,639
division (C) of section 4507.52 of the Revised Code is guilty of 22,640
a minor misdemeanor. 22,641
(E) Whoever violates section 4507.33 of the Revised Code 22,643
is guilty of permitting the operation of a vehicle by a person 22,644
with no legal right to operate a vehicle and shall be punished as 22,645
provided in division (E)(1) or (2) of this section. 22,646
(1) Except as otherwise provided in division (E)(2) of 22,648
this section, permitting the operation of a vehicle by a person 22,649
with no legal right to operate a vehicle is a misdemeanor of the 22,650
first degree. In addition to or independent of any other 22,651
sentence that it imposes upon the offender and subject to section 22,652
4503.235 of the Revised Code, the court shall order the 22,653
immobilization for thirty days of the vehicle involved in the 22,654
offense and the impoundment for thirty days of the identification 22,655
license plates of that vehicle. The order for immobilization and 22,656
impoundment shall be issued and enforced in accordance with 22,657
section 4503.233 of the Revised Code. 22,658
(2) If the offender previously has been convicted of or 22,660
pleaded guilty to one or more violations of section 4507.33 of 22,661
the Revised Code, permitting the operation of a vehicle by a 22,662
person with no legal right to operate a vehicle is a misdemeanor 22,663
of the first degree. In addition to or independent of any other 22,664
514
sentence that it imposes upon the offender and subject to section 22,665
4503.235 of the Revised Code, the court shall order the criminal 22,666
forfeiture to the state of the vehicle involved in the offense. 22,667
The order of criminal forfeiture shall be issued and enforced in 22,668
accordance with section 4503.234 of the Revised Code. 22,669
If title to a motor vehicle that is subject to an order for 22,671
criminal forfeiture under this section is assigned or transferred 22,672
and division (C)(2) or (3) of section 4503.234 of the Revised 22,674
Code applies, in addition to or independent of any other penalty 22,675
established by law, the court may fine the offender the value of 22,676
the vehicle as determined by publications of the national auto 22,677
dealer's association. The proceeds from any fine imposed under 22,678
this division shall be distributed in accordance with division 22,679
(D)(4) of section 4503.234 of the Revised Code. 22,681
(F) Whoever violates division (F)(1) or (2) of section 22,684
4507.05, or division (B) or (D) of section 4507.071 of the 22,686
Revised Code is guilty of a minor misdemeanor. 22,688
(G) Whoever violates division (G) of section 4507.21 of 22,691
the Revised Code shall be fined one hundred dollars.
(H) Except as provided in divisions (A) to (E) of this 22,693
section and unless another penalty is provided by the laws of 22,694
this state, whoever violates any provision of sections 4507.01 to 22,695
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a 22,696
misdemeanor of the first degree. 22,697
(I) Whenever a person is found guilty of a violation of 22,699
section 4507.32 of the Revised Code, the trial judge of any court 22,700
of record, in addition to or independent of all other penalties 22,701
provided by law or ordinance, may suspend for any period of time 22,702
not exceeding three years or revoke the license of any person, 22,703
partnership, association, or corporation, issued under section 22,704
4511.763 of the Revised Code. 22,705
(J) Whenever a person is found guilty of a violation of a 22,707
traffic offense specified in Traffic Rule 13(B) that requires the 22,708
person's appearance in court, the court shall require the person 22,709
515
to verify the existence at the time of the offense of proof of 22,711
financial responsibility covering the person's operation of the 22,712
motor vehicle, or the motor vehicle if registered in the person's 22,713
name, and notify the registrar pursuant to division (D) of 22,714
section 4509.101 of the Revised Code if the person fails to 22,715
verify the existence of such proof of financial responsibility. 22,716
Sec. 4511.191. (A) Any person who operates a vehicle upon 22,725
a highway or any public or private property used by the public 22,726
for vehicular travel or parking within this state shall be deemed 22,727
to have given consent to a chemical test or tests of the person's 22,729
blood, breath, or urine for the purpose of determining the 22,730
alcohol, drug, or alcohol and drug content of the person's blood, 22,731
breath, or urine if arrested for operating a vehicle while under 22,733
the influence of alcohol, a drug of abuse, or alcohol and a drug 22,734
of abuse or for operating a vehicle with a prohibited 22,735
concentration of alcohol in the blood, breath, or urine. The 22,736
chemical test or tests shall be administered at the request of a 22,737
police officer having reasonable grounds to believe the person to 22,738
have been operating a vehicle upon a highway or any public or 22,739
private property used by the public for vehicular travel or 22,740
parking in this state while under the influence of alcohol, a 22,741
drug of abuse, or alcohol and a drug of abuse or with a 22,742
prohibited concentration of alcohol in the blood, breath, or 22,743
urine. The law enforcement agency by which the officer is 22,744
employed shall designate which of the tests shall be
administered. 22,745
(B) Any person who is dead or unconscious, or who is 22,747
otherwise in a condition rendering the person incapable of 22,748
refusal, shall be deemed not to have withdrawn consent as 22,750
provided by division (A) of this section and the test or tests 22,751
may be administered, subject to sections 313.12 to 313.16 of the 22,752
Revised Code. 22,753
(C)(1) Any person under arrest for operating a vehicle 22,755
while under the influence of alcohol, a drug of abuse, or alcohol 22,756
516
and a drug of abuse or for operating a vehicle with a prohibited 22,757
concentration of alcohol in the blood, breath, or urine shall be 22,758
advised at a police station, or at a hospital, first-aid station, 22,759
or clinic to which the person has been taken for first-aid or 22,760
medical treatment, of both of the following: 22,761
(a) The consequences, as specified in division (E) of this 22,763
section, of the person's refusal to submit upon request to a 22,764
chemical test designated by the law enforcement agency as 22,766
provided in division (A) of this section; 22,767
(b) The consequences, as specified in division (F) of this 22,769
section, of the person's submission to the designated chemical 22,771
test if the person is found to have a prohibited concentration of 22,772
alcohol in the blood, breath, or urine. 22,773
(2)(a) The advice given pursuant to division (C)(1) of 22,775
this section shall be in a written form containing the 22,776
information described in division (C)(2)(b) of this section and 22,777
shall be read to the person. The form shall contain a statement 22,778
that the form was shown to the person under arrest and read to 22,779
the person in the presence of the arresting officer and either 22,781
another police officer, a civilian police employee, or an 22,782
employee of a hospital, first-aid station, or clinic, if any, to 22,783
which the person has been taken for first-aid or medical 22,784
treatment. The witnesses shall certify to this fact by signing 22,785
the form.
(b) The form required by division (C)(2)(a) of this 22,787
section shall read as follows: 22,788
"You now are under arrest for operating a vehicle while 22,790
under the influence of alcohol, a drug of abuse, or both alcohol 22,791
and a drug of abuse and will be requested by a police officer to 22,792
submit to a chemical test to determine the concentration of 22,793
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 22,794
blood, breath, or urine. 22,795
If you refuse to submit to the requested test or if you 22,797
submit to the requested test and are found to have a prohibited 22,798
517
concentration of alcohol in your blood, breath, or urine, your 22,799
driver's or commercial driver's license or permit or nonresident 22,800
operating privilege immediately will be suspended for the period 22,801
of time specified by law by the officer, on behalf of the 22,802
registrar of motor vehicles. You may appeal this suspension at 22,803
your initial appearance before the court that hears the charges 22,804
against you resulting from the arrest, and your initial 22,805
appearance will be conducted no later than five days after the 22,806
arrest. This suspension is independent of the penalties for the 22,807
offense, and you may be subject to other penalties upon 22,808
conviction." 22,809
(D)(1) If a person under arrest as described in division 22,811
(C)(1) of this section is not asked by a police officer to submit 22,812
to a chemical test designated as provided in division (A) of this 22,813
section, the arresting officer shall seize the Ohio or 22,814
out-of-state driver's or commercial driver's license or permit of 22,815
the person and immediately forward the seized license or permit 22,816
to the court in which the arrested person is to appear on the 22,817
charge for which the person was arrested. If the arrested person 22,818
does not have the person's driver's or commercial driver's 22,819
license or permit on the person's self or in the person's 22,820
vehicle, the arresting officer shall order the arrested person to 22,822
surrender it to the law enforcement agency that employs the 22,824
officer within twenty-four hours after the arrest, and, upon the 22,825
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 22,827
person is to appear on the charge for which the person was 22,828
arrested. Upon receipt of the license or permit, the court shall 22,830
retain it pending the initial appearance of the arrested person 22,831
and any action taken under section 4511.196 of the Revised Code. 22,832
If a person under arrest as described in division (C)(1) of 22,834
this section is asked by a police officer to submit to a chemical 22,835
test designated as provided in division (A) of this section and 22,836
is advised of the consequences of the person's refusal or 22,837
518
submission as provided in division (C) of this section and if the 22,838
person either refuses to submit to the designated chemical test 22,839
or the person submits to the designated chemical test and the 22,840
test results indicate that the person's blood contained a 22,841
concentration of ten-hundredths of one per cent or more by weight 22,842
of alcohol, the person's breath contained a concentration of 22,843
ten-hundredths of one gram or more by weight of alcohol per two 22,844
hundred ten liters of the person's breath, or the person's urine 22,845
contained a concentration of fourteen-hundredths of one gram or 22,847
more by weight of alcohol per one hundred milliliters of the 22,848
person's urine at the time of the alleged offense, the arresting 22,850
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 22,852
suspension upon the person that advises the person that, 22,853
independent of any penalties or sanctions imposed upon the person 22,855
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 22,857
license or permit or nonresident operating privilege is 22,858
suspended, that the suspension takes effect immediately, that the 22,859
suspension will last at least until the person's initial 22,860
appearance on the charge that will be held within five days after 22,862
the date of the person's arrest or the issuance of a citation to 22,864
the person, and that the person may appeal the suspension at the 22,866
initial appearance; seize the Ohio or out-of-state driver's or 22,867
commercial driver's license or permit of the person; and 22,868
immediately forward the seized license or permit to the 22,869
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 22,870
self or in the person's vehicle, the arresting officer shall 22,872
order the person to surrender it to the law enforcement agency 22,873
that employs the officer within twenty-four hours after the 22,874
service of the notice of suspension, and, upon the surrender, the 22,875
officer's employing agency immediately shall forward the license 22,876
or permit to the registrar. 22,877
519
(b) Verify the current residence of the person and, if it 22,879
differs from that on the person's driver's or commercial driver's 22,880
license or permit, notify the registrar of the change; 22,881
(c) In addition to forwarding the arrested person's 22,883
driver's or commercial driver's license or permit to the 22,884
registrar, send to the registrar, within forty-eight hours after 22,885
the arrest of the person, a sworn report that includes all of the 22,886
following statements: 22,887
(i) That the officer had reasonable grounds to believe 22,889
that, at the time of the arrest, the arrested person was 22,890
operating a vehicle upon a highway or public or private property 22,891
used by the public for vehicular travel or parking within this 22,892
state while under the influence of alcohol, a drug of abuse, or 22,893
alcohol and a drug of abuse or with a prohibited concentration of 22,894
alcohol in the blood, breath, or urine; 22,895
(ii) That the person was arrested and charged with 22,897
operating a vehicle while under the influence of alcohol, a drug 22,898
of abuse, or alcohol and a drug of abuse or with operating a 22,899
vehicle with a prohibited concentration of alcohol in the blood, 22,900
breath, or urine; 22,901
(iii) That the officer asked the person to take the 22,903
designated chemical test, advised the person of the consequences 22,904
of submitting to the chemical test or refusing to take the 22,905
chemical test, and gave the person the form described in division 22,906
(C)(2) of this section; 22,907
(iv) That the person refused to submit to the chemical 22,909
test or that the person submitted to the chemical test and the 22,910
test results indicate that the person's blood contained a 22,911
concentration of ten-hundredths of one per cent or more by weight 22,913
of alcohol, the person's breath contained a concentration of 22,914
ten-hundredths of one gram or more by weight of alcohol per two 22,915
hundred ten liters of the person's breath, or the person's urine 22,916
contained a concentration of fourteen-hundredths of one gram or 22,918
more by weight of alcohol per one hundred milliliters of the 22,919
520
person's urine at the time of the alleged offense; 22,921
(v) That the officer served a notice of suspension upon 22,923
the person as described in division (D)(1)(a) of this section. 22,924
(2) The sworn report of an arresting officer completed 22,926
under division (D)(1)(c) of this section shall be given by the 22,927
officer to the arrested person at the time of the arrest or sent 22,928
to the person by regular first class mail by the registrar as 22,929
soon thereafter as possible, but no later than fourteen days 22,930
after receipt of the report. An arresting officer may give an 22,931
unsworn report to the arrested person at the time of the arrest 22,932
provided the report is complete when given to the arrested person 22,933
and subsequently is sworn to by the arresting officer. As soon 22,934
as possible, but no later than forty-eight hours after the arrest 22,935
of the person, the arresting officer shall send a copy of the 22,936
sworn report to the court in which the arrested person is to 22,937
appear on the charge for which the person was arrested. 22,938
(3) The sworn report of an arresting officer completed and 22,940
sent to the registrar and the court under divisions (D)(1)(c) and 22,941
(D)(2) of this section is prima-facie proof of the information 22,942
and statements that it contains and shall be admitted and 22,943
considered as prima-facie proof of the information and statements 22,944
that it contains in any appeal under division (H) of this section 22,945
relative to any suspension of a person's driver's or commercial 22,946
driver's license or permit or nonresident operating privilege 22,947
that results from the arrest covered by the report. 22,948
(E)(1) Upon receipt of the sworn report of an arresting 22,950
officer completed and sent to the registrar and a court pursuant 22,951
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 22,952
person who refused to take the designated chemical test, the 22,953
registrar shall enter into the registrar's records the fact that 22,955
the person's driver's or commercial driver's license or permit or 22,956
nonresident operating privilege was suspended by the arresting 22,957
officer under division (D)(1)(a) of this section and the period 22,958
of the suspension, as determined under divisions (E)(1)(a) to (d) 22,959
521
of this section. The suspension shall be subject to appeal as 22,960
provided in this section and shall be for whichever of the 22,961
following periods applies: 22,962
(a) If the arrested person, within five years of the date 22,964
on which the person refused the request to consent to the 22,965
chemical test, had not refused a previous request to consent to a 22,967
chemical test of the person's blood, breath, or urine to 22,968
determine its alcohol content, the period of suspension shall be 22,970
one year. If the person is a resident without a license or 22,971
permit to operate a vehicle within this state, the registrar 22,972
shall deny to the person the issuance of a driver's or commercial 22,973
driver's license or permit for a period of one year after the 22,974
date of the alleged violation.
(b) If the arrested person, within five years of the date 22,976
on which the person refused the request to consent to the 22,977
chemical test, had refused one previous request to consent to a 22,979
chemical test of the person's blood, breath, or urine to 22,980
determine its alcohol content, the period of suspension or denial 22,982
shall be two years.
(c) If the arrested person, within five years of the date 22,984
on which the person refused the request to consent to the 22,985
chemical test, had refused two previous requests to consent to a 22,987
chemical test of the person's blood, breath, or urine to 22,988
determine its alcohol content, the period of suspension or denial 22,990
shall be three years.
(d) If the arrested person, within five years of the date 22,992
on which the person refused the request to consent to the 22,993
chemical test, had refused three or more previous requests to 22,995
consent to a chemical test of the person's blood, breath, or 22,996
urine to determine its alcohol content, the period of suspension 22,998
or denial shall be five years. 22,999
(2) The suspension or denial imposed under division (E)(1) 23,001
of this section shall continue for the entire one-year, two-year, 23,002
three-year, or five-year period, subject to appeal as provided in 23,003
522
this section and subject to termination as provided in division 23,004
(K) of this section. 23,005
(F) Upon receipt of the sworn report of an arresting 23,007
officer completed and sent to the registrar and a court pursuant 23,008
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 23,009
person whose test results indicate that the person's blood 23,010
contained a concentration of ten-hundredths of one per cent or 23,012
more by weight of alcohol, the person's breath contained a 23,013
concentration of ten-hundredths of one gram or more by weight of 23,014
alcohol per two hundred ten liters of the person's breath, or the 23,016
person's urine contained a concentration of fourteen-hundredths 23,017
of one gram or more by weight of alcohol per one hundred 23,018
milliliters of the person's urine at the time of the alleged 23,019
offense, the registrar shall enter into the registrar's records 23,020
the fact that the person's driver's or commercial driver's 23,022
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 23,023
this section and the period of the suspension, as determined 23,024
under divisions (F)(1) to (4) of this section. The suspension 23,025
shall be subject to appeal as provided in this section and shall 23,026
be for whichever of the following periods that applies: 23,027
(1) Except when division (F)(2), (3), or (4) of this 23,029
section applies and specifies a different period of suspension or 23,030
denial, the period of the suspension or denial shall be ninety 23,031
days.
(2) If the person has been convicted, within six years of 23,033
the date the test was conducted, of one violation of division (A) 23,036
or (B) of section 4511.19 of the Revised Code, a municipal 23,037
ordinance relating to operating a vehicle while under the 23,038
influence of alcohol, a drug of abuse, or alcohol and a drug of 23,039
abuse, a municipal ordinance relating to operating a vehicle with 23,040
a prohibited concentration of alcohol in the blood, breath, or 23,041
urine, section 2903.04 of the Revised Code in a case in which the 23,042
offender was subject to the sanctions described in division (D) 23,043
523
of that section, or section 2903.06, 2903.07, or 2903.08 of the 23,044
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 23,045
the jury or judge found that at the time of the commission of the 23,046
offense the offender was under the influence of alcohol, a drug 23,047
of abuse, or alcohol and a drug of abuse, or a statute of the 23,048
United States or of any other state or a municipal ordinance of a 23,049
municipal corporation located in any other state that is 23,050
substantially similar to division (A) or (B) of section 4511.19 23,051
of the Revised Code, the period of the suspension or denial shall 23,052
be one year.
(3) If the person has been convicted, within six years of 23,054
the date the test was conducted, of two violations of a statute 23,055
or ordinance described in division (F)(2) of this section, the 23,057
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 23,059
the date the test was conducted, of more than two violations of a 23,060
statute or ordinance described in division (F)(2) of this 23,061
section, the period of the suspension or denial shall be three 23,062
years. 23,063
(G)(1) A suspension of a person's driver's or commercial 23,065
driver's license or permit or nonresident operating privilege 23,066
under division (D)(1)(a) of this section for the period of time 23,067
described in division (E) or (F) of this section is effective 23,068
immediately from the time at which the arresting officer serves 23,069
the notice of suspension upon the arrested person. Any 23,070
subsequent finding that the person is not guilty of the charge 23,071
that resulted in the person being requested to take, or in the 23,073
person taking, the chemical test or tests under division (A) of 23,074
this section affects the suspension only as described in division 23,075
(H)(2) of this section. 23,076
(2) If a person is arrested for operating a vehicle while 23,078
under the influence of alcohol, a drug of abuse, or alcohol and a 23,079
drug of abuse or for operating a vehicle with a prohibited 23,080
524
concentration of alcohol in the blood, breath, or urine and 23,081
regardless of whether the person's driver's or commercial 23,082
driver's license or permit or nonresident operating privilege is 23,083
or is not suspended under division (E) or (F) of this section, 23,084
the person's initial appearance on the charge resulting from the 23,085
arrest shall be held within five days of the person's arrest or 23,086
the issuance of the citation to the person, subject to any 23,087
continuance granted by the court pursuant to division (H)(1) of 23,089
this section regarding the issues specified in that division. 23,090
(H)(1) If a person is arrested for operating a vehicle 23,092
while under the influence of alcohol, a drug of abuse, or alcohol 23,093
and a drug of abuse or for operating a vehicle with a prohibited 23,094
concentration of alcohol in the blood, breath, or urine and if 23,095
the person's driver's or commercial driver's license or permit or 23,096
nonresident operating privilege is suspended under division (E) 23,097
or (F) of this section, the person may appeal the suspension at 23,098
the person's initial appearance on the charge resulting from the 23,101
arrest in the court in which the person will appear on that 23,102
charge. If the person appeals the suspension at the person's 23,103
initial appearance, the appeal does not stay the operation of the 23,104
suspension. Subject to division (H)(2) of this section, no court 23,105
has jurisdiction to grant a stay of a suspension imposed under 23,106
division (E) or (F) of this section, and any order issued by any 23,107
court that purports to grant a stay of any suspension imposed 23,108
under either of those divisions shall not be given administrative 23,109
effect.
If the person appeals the suspension at the person's 23,111
initial appearance, either the person or the registrar may 23,112
request a continuance of the appeal. Either the person or the 23,114
registrar shall make the request for a continuance of the appeal 23,115
at the same time as the making of the appeal. If either the 23,116
person or the registrar requests a continuance of the appeal, the 23,117
court may grant the continuance. The court also may continue the 23,118
appeal on its own motion. The granting of a continuance applies 23,119
525
only to the conduct of the appeal of the suspension and does not 23,120
extend the time within which the initial appearance must be 23,121
conducted, and the court shall proceed with all other aspects of 23,122
the initial appearance in accordance with its normal procedures. 23,123
Neither the request for nor the granting of a continuance stays 23,124
the operation of the suspension that is the subject of the 23,125
appeal.
If the person appeals the suspension at the person's 23,127
initial appearance, the scope of the appeal is limited to 23,128
determining whether one or more of the following conditions have 23,129
not been met: 23,130
(a) Whether the law enforcement officer had reasonable 23,132
ground to believe the arrested person was operating a vehicle 23,133
upon a highway or public or private property used by the public 23,134
for vehicular travel or parking within this state while under the 23,135
influence of alcohol, a drug of abuse, or alcohol and a drug of 23,136
abuse or with a prohibited concentration of alcohol in the blood, 23,137
breath, or urine and whether the arrested person was in fact 23,138
placed under arrest; 23,139
(b) Whether the law enforcement officer requested the 23,141
arrested person to submit to the chemical test designated 23,142
pursuant to division (A) of this section; 23,143
(c) Whether the arresting officer informed the arrested 23,145
person of the consequences of refusing to be tested or of 23,146
submitting to the test; 23,147
(d) Whichever of the following is applicable: 23,149
(i) Whether the arrested person refused to submit to the 23,151
chemical test requested by the officer; 23,152
(ii) Whether the chemical test results indicate that the 23,154
arrested person's blood contained a concentration of 23,155
ten-hundredths of one per cent or more by weight of alcohol, the 23,157
person's breath contained a concentration of ten-hundredths of 23,159
one gram or more by weight of alcohol per two hundred ten liters 23,160
of the person's breath, or the person's urine contained a 23,161
526
concentration of fourteen-hundredths of one gram or more by 23,163
weight of alcohol per one hundred milliliters of the person's 23,164
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 23,166
appearance, the judge or referee of the court or the mayor of the 23,167
mayor's court shall determine whether one or more of the 23,168
conditions specified in divisions (H)(1)(a) to (d) of this 23,169
section have not been met. The person who appeals the suspension 23,170
has the burden of proving, by a preponderance of the evidence, 23,171
that one or more of the specified conditions has not been met. 23,172
If during the appeal at the initial appearance the judge or 23,173
referee of the court or the mayor of the mayor's court determines 23,174
that all of those conditions have been met, the judge, referee, 23,175
or mayor shall uphold the suspension, shall continue the 23,176
suspension, and shall notify the registrar of the decision on a 23,177
form approved by the registrar. Except as otherwise provided in 23,178
division (H)(2) of this section, if the suspension is upheld or 23,179
if the person does not appeal the suspension at the person's 23,180
initial appearance under division (H)(1) of this section, the 23,181
suspension shall continue until the complaint alleging the 23,182
violation for which the person was arrested and in relation to 23,183
which the suspension was imposed is adjudicated on the merits by 23,184
the judge or referee of the trial court or by the mayor of the 23,185
mayor's court. If the suspension was imposed under division (E) 23,186
of this section and it is continued under this division, any 23,187
subsequent finding that the person is not guilty of the charge 23,188
that resulted in the person being requested to take the chemical 23,189
test or tests under division (A) of this section does not 23,190
terminate or otherwise affect the suspension. If the suspension 23,191
was imposed under division (F) of this section and it is 23,192
continued under this division, the suspension shall terminate if, 23,193
for any reason, the person subsequently is found not guilty of 23,194
the charge that resulted in the person taking the chemical test 23,195
or tests under division (A) of this section. 23,196
527
If, during the appeal at the initial appearance, the judge 23,198
or referee of the trial court or the mayor of the mayor's court 23,199
determines that one or more of the conditions specified in 23,200
divisions (H)(1)(a) to (d) of this section have not been met, the 23,201
judge, referee, or mayor shall terminate the suspension, subject 23,202
to the imposition of a new suspension under division (B) of 23,203
section 4511.196 of the Revised Code; shall notify the registrar 23,204
of the decision on a form approved by the registrar; and, except 23,205
as provided in division (B) of section 4511.196 of the Revised 23,207
Code, shall order the registrar to return the driver's or 23,208
commercial driver's license or permit to the person or to take 23,209
such measures as may be necessary, if the license or permit was 23,210
destroyed under section 4507.55 of the Revised Code, to permit 23,211
the person to obtain a replacement driver's or commercial 23,212
driver's license or permit from the registrar or a deputy 23,213
registrar in accordance with that section. The court also shall 23,214
issue to the person a court order, valid for not more than ten 23,215
days from the date of issuance, granting the person operating 23,216
privileges for that period of time.
If the person appeals the suspension at the initial 23,218
appearance, the registrar shall be represented by the prosecuting 23,219
attorney of the county in which the arrest occurred if the 23,220
initial appearance is conducted in a juvenile court or county 23,221
court, except that if the arrest occurred within a city or 23,222
village within the jurisdiction of the county court in which the 23,223
appeal is conducted, the city director of law or village 23,224
solicitor of that city or village shall represent the registrar. 23,225
If the appeal is conducted in a municipal court, the registrar 23,226
shall be represented as provided in section 1901.34 of the 23,227
Revised Code. If the appeal is conducted in a mayor's court, the 23,228
registrar shall be represented by the city director of law, 23,229
village solicitor, or other chief legal officer of the municipal 23,230
corporation that operates that mayor's court. 23,231
(I)(1) If a person's driver's or commercial driver's 23,233
528
license or permit or nonresident operating privilege has been 23,234
suspended pursuant to division (E) of this section, and the 23,235
person, within the preceding seven years, has refused three 23,236
previous requests to consent to a chemical test of the person's 23,238
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 23,239
of division (A) or (B) of section 4511.19 of the Revised Code, a 23,240
municipal ordinance relating to operating a vehicle while under 23,241
the influence of alcohol, a drug of abuse, or alcohol and a drug 23,242
of abuse, a municipal ordinance relating to operating a vehicle 23,243
with a prohibited concentration of alcohol in the blood, breath, 23,244
or urine, section 2903.04 of the Revised Code in a case in which 23,245
the person was subject to the sanctions described in division (D) 23,246
of that section, or section 2903.06, 2903.07, or 2903.08 of the 23,247
Revised Code or a municipal ordinance that is substantially 23,248
similar to section 2903.07 of the Revised Code in a case in which 23,249
the jury or judge found that the person was under the influence 23,250
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 23,251
statute of the United States or of any other state or a municipal 23,252
ordinance of a municipal corporation located in any other state 23,253
that is substantially similar to division (A) or (B) of section 23,254
4511.19 of the Revised Code, the person is not entitled to 23,255
request, and the court shall not grant to the person, 23,256
occupational driving privileges under this division. Any other 23,257
person whose driver's or commercial driver's license or 23,258
nonresident operating privilege has been suspended pursuant to 23,259
division (E) of this section may file a petition requesting 23,260
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 23,261
is a minor, juvenile court with jurisdiction over the related 23,263
criminal or delinquency case. The petition may be filed at any 23,264
time subsequent to the date on which the notice of suspension is 23,265
served upon the arrested person. The person shall pay the costs 23,266
of the proceeding, notify the registrar of the filing of the 23,267
529
petition, and send the registrar a copy of the petition. 23,268
In the proceedings, the registrar shall be represented by 23,270
the prosecuting attorney of the county in which the arrest 23,271
occurred if the petition is filed in the juvenile court, county 23,272
court, or common pleas court, except that, if the arrest occurred 23,273
within a city or village within the jurisdiction of the county 23,275
court in which the petition is filed, the city director of law or 23,276
village solicitor of that city or village shall represent the 23,277
registrar. If the petition is filed in the municipal court, the 23,278
registrar shall be represented as provided in section 1901.34 of 23,279
the Revised Code. If the petition is filed in a mayor's court, 23,280
the registrar shall be represented by the city director of law, 23,281
village solicitor, or other chief legal officer of the municipal 23,282
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 23,284
suspension would seriously affect the person's ability to 23,285
continue in the person's employment, may grant the person 23,286
occupational driving privileges during the period of suspension 23,288
imposed pursuant to division (E) of this section, subject to the 23,289
limitations contained in this division and division (I)(2) of 23,290
this section. The court may grant the occupational driving 23,291
privileges, subject to the limitations contained in this division 23,292
and division (I)(2) of this section, regardless of whether the 23,293
person appeals the suspension at the person's initial appearance 23,295
under division (H)(1) of this section or appeals the decision of 23,296
the court made pursuant to the appeal conducted at the initial 23,297
appearance, and, if the person has appealed the suspension or 23,298
decision, regardless of whether the matter at issue has been 23,299
heard or decided by the court. The court shall not grant 23,300
occupational driving privileges to any person who, within seven 23,301
years of the filing of the petition, has refused three previous 23,302
requests to consent to a chemical test of the person's blood, 23,304
breath, or urine to determine its alcohol content or has been 23,305
convicted of or pleaded guilty to three or more violations of 23,306
530
division (A) or (B) of section 4511.19 of the Revised Code, a 23,307
municipal ordinance relating to operating a vehicle while under 23,308
the influence of alcohol, a drug of abuse, or alcohol and a drug 23,309
of abuse, a municipal ordinance relating to operating a vehicle 23,310
with a prohibited concentration of alcohol in the blood, breath, 23,311
or urine, section 2903.04 of the Revised Code in a case in which 23,312
the person was subject to the sanctions described in division (D) 23,313
of that section, or section 2903.06, 2903.07, or 2903.08 of the 23,314
Revised Code or a municipal ordinance that is substantially 23,315
similar to section 2903.07 of the Revised Code in a case in which 23,316
the jury or judge found that the person was under the influence 23,317
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 23,318
statute of the United States or of any other state or a municipal 23,319
ordinance of a municipal corporation located in any other state 23,320
that is substantially similar to division (A) or (B) of section 23,321
4511.19 of the Revised Code, and shall not grant occupational 23,322
driving privileges for employment as a driver of commercial motor 23,323
vehicles to any person who is disqualified from operating a 23,324
commercial motor vehicle under section 2301.374 3123.611 or 23,325
4506.16 of the Revised Code OR WHOSE COMMERCIAL DRIVER'S LICENSE 23,326
OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT HAS BEEN 23,327
SUSPENDED UNDER SECTION 3123.58 OF THE REVISED CODE.
(2)(a) In granting occupational driving privileges under 23,329
division (I)(1) of this section, the court may impose any 23,330
condition it considers reasonable and necessary to limit the use 23,331
of a vehicle by the person. The court shall deliver to the 23,332
person a permit card, in a form to be prescribed by the court, 23,333
setting forth the time, place, and other conditions limiting the 23,334
defendant's use of a vehicle. The grant of occupational driving 23,335
privileges shall be conditioned upon the person's having the 23,336
permit in the person's possession at all times during which the 23,338
person is operating a vehicle. 23,339
A person granted occupational driving privileges who 23,341
operates a vehicle for other than occupational purposes, in 23,342
531
violation of any condition imposed by the court, or without 23,343
having the permit in the person's possession, is guilty of a 23,344
violation of section 4507.02 of the Revised Code. 23,346
(b) The court may not grant a person occupational driving 23,348
privileges under division (I)(1) of this section when prohibited 23,349
by a limitation contained in that division or during any of the 23,350
following periods of time: 23,351
(i) The first thirty days of suspension imposed upon a 23,353
person who, within five years of the date on which the person 23,354
refused the request to consent to a chemical test of the person's 23,356
blood, breath, or urine to determine its alcohol content and for 23,358
which refusal the suspension was imposed, had not refused a 23,359
previous request to consent to a chemical test of the person's 23,360
blood, breath, or urine to determine its alcohol content; 23,362
(ii) The first ninety days of suspension imposed upon a 23,364
person who, within five years of the date on which the person 23,365
refused the request to consent to a chemical test of the person's 23,367
blood, breath, or urine to determine its alcohol content and for 23,369
which refusal the suspension was imposed, had refused one 23,370
previous request to consent to a chemical test of the person's 23,371
blood, breath, or urine to determine its alcohol content; 23,373
(iii) The first year of suspension imposed upon a person 23,375
who, within five years of the date on which the person refused 23,377
the request to consent to a chemical test of the person's blood, 23,379
breath, or urine to determine its alcohol content and for which 23,380
refusal the suspension was imposed, had refused two previous 23,381
requests to consent to a chemical test of the person's blood, 23,382
breath, or urine to determine its alcohol content; 23,384
(iv) The first three years of suspension imposed upon a 23,386
person who, within five years of the date on which the person 23,387
refused the request to consent to a chemical test of the person's 23,389
blood, breath, or urine to determine its alcohol content and for 23,391
which refusal the suspension was imposed, had refused three or 23,392
more previous requests to consent to a chemical test of the 23,393
532
person's blood, breath, or urine to determine its alcohol 23,395
content.
(3) The court shall give information in writing of any 23,397
action taken under this section to the registrar. 23,398
(4) If a person's driver's or commercial driver's license 23,400
or permit or nonresident operating privilege has been suspended 23,401
pursuant to division (F) of this section, and the person, within 23,402
the preceding seven years, has been convicted of or pleaded 23,403
guilty to three or more violations of division (A) or (B) of 23,404
section 4511.19 of the Revised Code, a municipal ordinance 23,405
relating to operating a vehicle while under the influence of 23,406
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 23,407
municipal ordinance relating to operating a vehicle with a 23,408
prohibited concentration of alcohol in the blood, breath, or 23,409
urine, section 2903.04 of the Revised Code in a case in which the 23,410
person was subject to the sanctions described in division (D) of 23,411
that section, or section 2903.06, 2903.07, or 2903.08 of the 23,412
Revised Code or a municipal ordinance that is substantially 23,413
similar to section 2903.07 of the Revised Code in a case in which 23,414
the jury or judge found that the person was under the influence 23,415
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 23,416
statute of the United States or of any other state or a municipal 23,417
ordinance of a municipal corporation located in any other state 23,419
that is substantially similar to division (A) or (B) of section 23,420
4511.19 of the Revised Code, the person is not entitled to 23,421
request, and the court shall not grant to the person, 23,422
occupational driving privileges under this division. Any other 23,423
person whose driver's or commercial driver's license or 23,424
nonresident operating privilege has been suspended pursuant to 23,425
division (F) of this section may file in the court specified in 23,426
division (I)(1) of this section a petition requesting 23,427
occupational driving privileges in accordance with section 23,428
4507.16 of the Revised Code. The petition may be filed at any 23,429
time subsequent to the date on which the arresting officer serves 23,430
533
the notice of suspension upon the arrested person. Upon the 23,431
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 23,432
The court may grant the occupational driving privileges, subject 23,433
to the limitations contained in section 4507.16 of the Revised 23,434
Code, regardless of whether the person appeals the suspension at 23,435
the person's initial appearance under division (H)(1) of this 23,437
section or appeals the decision of the court made pursuant to the 23,438
appeal conducted at the initial appearance, and, if the person 23,439
has appealed the suspension or decision, regardless of whether 23,440
the matter at issue has been heard or decided by the court. 23,441
(J) When it finally has been determined under the 23,443
procedures of this section that a nonresident's privilege to 23,444
operate a vehicle within this state has been suspended, the 23,445
registrar shall give information in writing of the action taken 23,446
to the motor vehicle administrator of the state of the person's 23,447
residence and of any state in which the person has a license. 23,448
(K) A suspension of the driver's or commercial driver's 23,450
license or permit of a resident, a suspension of the operating 23,451
privilege of a nonresident, or a denial of a driver's or 23,452
commercial driver's license or permit pursuant to division (E) or 23,454
(F) of this section shall be terminated by the registrar upon 23,456
receipt of notice of the person's entering a plea of guilty to, 23,457
or of the person's conviction of, operating a vehicle while under 23,459
the influence of alcohol, a drug of abuse, or alcohol and a drug 23,460
of abuse or with a prohibited concentration of alcohol in the 23,461
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 23,462
incident that led to the suspension or denial. 23,463
The registrar shall credit against any judicial suspension 23,465
of a person's driver's or commercial driver's license or permit 23,466
or nonresident operating privilege imposed pursuant to division 23,467
(B) or (E) of section 4507.16 of the Revised Code any time during 23,468
which the person serves a related suspension imposed pursuant to 23,469
534
division (E) or (F) of this section. 23,470
(L) At the end of a suspension period under this section, 23,472
section 4511.196, or division (B) of section 4507.16 of the 23,473
Revised Code and upon the request of the person whose driver's or 23,474
commercial driver's license or permit was suspended and who is 23,475
not otherwise subject to suspension, revocation, or 23,476
disqualification, the registrar shall return the driver's or 23,477
commercial driver's license or permit to the person upon the 23,478
person's compliance with all of the conditions specified in 23,480
divisions (L)(1) and (2) of this section: 23,481
(1) A showing by the person that the person has proof of 23,483
financial responsibility, a policy of liability insurance in 23,485
effect that meets the minimum standards set forth in section 23,486
4509.51 of the Revised Code, or proof, to the satisfaction of the 23,487
registrar, that the person is able to respond in damages in an 23,488
amount at least equal to the minimum amounts specified in section 23,489
4509.51 of the Revised Code. 23,490
(2) Subject to the limitation contained in division (L)(3) 23,493
of this section, payment by the person of a license reinstatement 23,494
fee of four hundred five dollars to the bureau of motor vehicles, 23,497
which fee shall be deposited in the state treasury and credited 23,498
as follows: 23,499
(a) One hundred twelve dollars and fifty cents shall be 23,502
credited to the drivers' treatment and intervention fund, which 23,503
is hereby established. The fund shall be used to pay the costs 23,504
of driver treatment and intervention programs operated pursuant 23,505
to sections 3793.02 and 3793.10 of the Revised Code. The 23,506
director of alcohol and drug addiction services shall determine 23,507
the share of the fund that is to be allocated to alcohol and drug 23,508
addiction programs authorized by section 3793.02 of the Revised 23,509
Code, and the share of the fund that is to be allocated to 23,510
drivers' intervention programs authorized by section 3793.10 of 23,511
the Revised Code.
(b) Seventy-five dollars shall be credited to the 23,513
535
reparations fund created by section 2743.191 of the Revised Code. 23,515
(c) Thirty-seven dollars and fifty cents shall be credited 23,518
to the indigent drivers alcohol treatment fund, which is hereby 23,519
established. Except as otherwise provided in division (L)(2)(c) 23,521
of this section, moneys in the fund shall be distributed by the 23,522
department of alcohol and drug addiction services to the county 23,523
indigent drivers alcohol treatment funds, the county juvenile 23,524
indigent drivers alcohol treatment funds, and the municipal 23,525
indigent drivers alcohol treatment funds that are required to be 23,526
established by counties and municipal corporations pursuant to 23,527
division (N) of this section, and shall be used only to pay the 23,528
cost of an alcohol and drug addiction treatment program attended 23,529
by an offender or juvenile traffic offender who is ordered to 23,530
attend an alcohol and drug addiction treatment program by a 23,531
county, juvenile, or municipal court judge and who is determined 23,532
by the county, juvenile, or municipal court judge not to have the 23,533
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 23,534
that division. Moneys in the fund that are not distributed to a 23,536
county indigent drivers alcohol treatment fund, a county juvenile 23,537
indigent drivers alcohol treatment fund, or a municipal indigent 23,538
drivers alcohol treatment fund under division (N) of this section 23,539
because the director of alcohol and drug addiction services does 23,540
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 23,541
arrested may be transferred by the director of budget and 23,542
management to the drivers' treatment and intervention fund, 23,543
created in division (L)(2)(a) of this section, upon certification 23,544
of the amount by the director of alcohol and drug addiction 23,545
services.
(d) Seventy-five dollars shall be credited to the Ohio 23,547
rehabilitation services commission established by section 3304.12 23,548
of the Revised Code, to the services for rehabilitation fund, 23,549
which is hereby established. The fund shall be used to match 23,550
536
available federal matching funds where appropriate, and for any 23,551
other purpose or program of the commission to rehabilitate people 23,552
with disabilities to help them become employed and independent. 23,553
(e) Seventy-five dollars shall be deposited into the state 23,556
treasury and credited to the drug abuse resistance education 23,557
programs fund, which is hereby established, to be used by the 23,558
attorney general for the purposes specified in division (L)(4) of 23,560
this section.
(f) Thirty dollars shall be credited to the state bureau 23,562
of motor vehicles fund created by section 4501.25 of the Revised 23,563
Code.
(3) If a person's driver's or commercial driver's license 23,565
or permit is suspended under division (E) or (F) of this section, 23,567
section 4511.196, or division (B) of section 4507.16 of the 23,568
Revised Code, or any combination of the suspensions described in 23,569
division (L)(3) of this section, and if the suspensions arise 23,570
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 23,571
required to pay to the bureau, only one reinstatement fee of four 23,572
hundred five dollars. The reinstatement fee shall be distributed 23,573
by the bureau in accordance with division (L)(2) of this section. 23,574
(4) The attorney general shall use amounts in the drug 23,576
abuse resistance education programs fund to award grants to law 23,577
enforcement agencies to establish and implement drug abuse 23,578
resistance education programs in public schools. Grants awarded 23,579
to a law enforcement agency under division (L)(2)(e) of this 23,580
section shall be used by the agency to pay for not more than 23,581
fifty per cent of the amount of the salaries of law enforcement 23,582
officers who conduct drug abuse resistance education programs in 23,583
public schools. The attorney general shall not use more than six 23,584
per cent of the amounts the attorney general's office receives 23,586
under division (L)(2)(e) of this section to pay the costs it 23,587
incurs in administering the grant program established by division 23,588
(L)(2)(e) of this section and in providing training and materials 23,589
537
relating to drug abuse resistance education programs. 23,590
The attorney general shall report to the governor and the 23,592
general assembly each fiscal year on the progress made in 23,593
establishing and implementing drug abuse resistance education 23,594
programs. These reports shall include an evaluation of the 23,595
effectiveness of these programs. 23,596
(M) Suspension of a commercial driver's license under 23,598
division (E) or (F) of this section shall be concurrent with any 23,599
period of disqualification under section 2301.374 3123.611 or 23,600
4506.16 of the Revised Code OR PERIOD OF SUSPENSION UNDER SECTION 23,602
3123.58 OF THE REVISED CODE. No person who is disqualified for 23,603
life from holding a commercial driver's license under section 23,604
4506.16 of the Revised Code shall be issued a driver's license 23,605
under Chapter 4507. of the Revised Code during the period for 23,606
which the commercial driver's license was suspended under 23,607
division (E) or (F) of this section, and no person whose 23,608
commercial driver's license is suspended under division (E) or 23,609
(F) of this section shall be issued a driver's license under that 23,610
chapter during the period of the suspension. 23,611
(N)(1) Each county shall establish an indigent drivers 23,613
alcohol treatment fund, each county shall establish a juvenile 23,614
indigent drivers alcohol treatment fund, and each municipal 23,615
corporation in which there is a municipal court shall establish 23,616
an indigent drivers alcohol treatment fund. All revenue that the 23,617
general assembly appropriates to the indigent drivers alcohol 23,618
treatment fund for transfer to a county indigent drivers alcohol 23,619
treatment fund, a county juvenile indigent drivers alcohol 23,620
treatment fund, or a municipal indigent drivers alcohol treatment 23,621
fund, all portions of fees that are paid under division (L) of 23,622
this section and that are credited under that division to the 23,623
indigent drivers alcohol treatment fund in the state treasury for 23,624
a county indigent drivers alcohol treatment fund, a county 23,625
juvenile indigent drivers alcohol treatment fund, or a municipal 23,626
indigent drivers alcohol treatment fund, and all portions of 23,627
538
fines that are specified for deposit into a county or municipal 23,628
indigent drivers alcohol treatment fund by section 4511.193 of 23,629
the Revised Code shall be deposited into that county indigent 23,630
drivers alcohol treatment fund, county juvenile indigent drivers 23,631
alcohol treatment fund, or municipal indigent drivers alcohol 23,632
treatment fund in accordance with division (N)(2) of this 23,633
section. Additionally, all portions of fines that are paid for a 23,634
violation of section 4511.19 of the Revised Code or division 23,635
(B)(2) of section 4507.02 of the Revised Code, and that are 23,636
required under division (A)(1) or (2) of section 4511.99 or 23,637
division (B)(5) of section 4507.99 of the Revised Code to be 23,638
deposited into a county indigent drivers alcohol treatment fund 23,639
or municipal indigent drivers alcohol treatment fund shall be 23,640
deposited into the appropriate fund in accordance with the 23,641
applicable division. 23,642
(2) That portion of the license reinstatement fee that is 23,644
paid under division (L) of this section and that is credited 23,645
under that division to the indigent drivers alcohol treatment 23,646
fund shall be deposited into a county indigent drivers alcohol 23,647
treatment fund, a county juvenile indigent drivers alcohol 23,648
treatment fund, or a municipal indigent drivers alcohol treatment 23,649
fund as follows: 23,650
(a) If the suspension in question was imposed under this 23,652
section, that portion of the fee shall be deposited as follows: 23,653
(i) If the fee is paid by a person who was charged in a 23,655
county court with the violation that resulted in the suspension, 23,656
the portion shall be deposited into the county indigent drivers 23,657
alcohol treatment fund under the control of that court; 23,658
(ii) If the fee is paid by a person who was charged in a 23,660
juvenile court with the violation that resulted in the 23,661
suspension, the portion shall be deposited into the county 23,662
juvenile indigent drivers alcohol treatment fund established in 23,663
the county served by the court; 23,664
(iii) If the fee is paid by a person who was charged in a 23,666
539
municipal court with the violation that resulted in the 23,667
suspension, the portion shall be deposited into the municipal 23,668
indigent drivers alcohol treatment fund under the control of that 23,669
court. 23,670
(b) If the suspension in question was imposed under 23,672
division (B) of section 4507.16 of the Revised Code, that portion 23,673
of the fee shall be deposited as follows: 23,674
(i) If the fee is paid by a person whose license or permit 23,676
was suspended by a county court, the portion shall be deposited 23,677
into the county indigent drivers alcohol treatment fund under the 23,678
control of that court; 23,679
(ii) If the fee is paid by a person whose license or 23,681
permit was suspended by a municipal court, the portion shall be 23,682
deposited into the municipal indigent drivers alcohol treatment 23,683
fund under the control of that court. 23,684
(3) Expenditures from a county indigent drivers alcohol 23,686
treatment fund, a county juvenile indigent drivers alcohol 23,687
treatment fund, or a municipal indigent drivers alcohol treatment 23,688
fund shall be made only upon the order of a county, juvenile, or 23,689
municipal court judge and only for payment of the cost of the 23,690
attendance at an alcohol and drug addiction treatment program of 23,691
a person who is convicted of, or found to be a juvenile traffic 23,692
offender by reason of, a violation of division (A) of section 23,693
4511.19 of the Revised Code or a substantially similar municipal 23,694
ordinance, who is ordered by the court to attend the alcohol and 23,695
drug addiction treatment program, and who is determined by the 23,696
court to be unable to pay the cost of attendance at the treatment 23,698
program or for payment of the costs specified in division (N)(4) 23,699
of this section in accordance with that division. The alcohol 23,700
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 23,702
section 340.02 or 340.021 of the Revised Code and serving the 23,704
alcohol, drug addiction, and mental health service district in 23,705
which the court is located shall administer the indigent drivers 23,706
540
alcohol treatment program of the court. When a court orders an 23,707
offender or juvenile traffic offender to attend an alcohol and 23,708
drug addiction treatment program, the board shall determine which 23,709
program is suitable to meet the needs of the offender or juvenile 23,710
traffic offender, and when a suitable program is located and 23,711
space is available at the program, the offender or juvenile 23,712
traffic offender shall attend the program designated by the 23,713
board. A reasonable amount not to exceed five per cent of the 23,714
amounts credited to and deposited into the county indigent 23,715
drivers alcohol treatment fund, the county juvenile indigent 23,716
drivers alcohol treatment fund, or the municipal indigent drivers 23,717
alcohol treatment fund serving every court whose program is 23,718
administered by that board shall be paid to the board to cover 23,719
the costs it incurs in administering those indigent drivers 23,720
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 23,722
in consultation with the alcohol and drug addiction services 23,723
board or the board of alcohol, drug addiction, and mental health 23,724
services established pursuant to section 340.02 or 340.021 of the 23,725
Revised Code and serving the alcohol, drug addiction, and mental 23,727
health district in which the court is located, that the funds in 23,728
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 23,729
municipal indigent drivers alcohol treatment fund under the 23,730
control of the court are more than sufficient to satisfy the 23,731
purpose for which the fund was established, as specified in 23,732
divisions (N)(1) to (3) of this section, the court may declare a 23,733
surplus in the fund. If the court declares a surplus in the 23,734
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 23,735
who are charged in the court with committing a criminal offense 23,736
or with being a delinquent child or juvenile traffic offender and 23,737
in relation to whom both of the following apply: 23,738
(a) The court determines that substance abuse was a 23,740
541
contributing factor leading to the criminal or delinquent 23,741
activity or the juvenile traffic offense with which the person is 23,742
charged.
(b) The court determines that the person is unable to pay 23,745
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 23,746
Sec. 4701.28. On receipt of a notice pursuant to section 23,756
2301.373 3123.43 of the Revised Code, the accountancy board shall 23,757
comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 23,759
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 23,760
3123.63 OF THE REVISED CODE with respect to a certificate or 23,761
permit issued pursuant to this chapter. 23,763
Sec. 4703.12. (A) Each original certificate issued and 23,774
registered shall authorize the holder to practice architecture as 23,775
a registered architect throughout this state from the date of 23,776
issuance until the last day of December of the odd-numbered year 23,777
next succeeding the date upon which the certificate was issued, 23,779
unless the certificate has been revoked or suspended for cause as 23,780
provided in section 4703.15 of the Revised Code. Every holder of 23,781
such certificate or its renewal shall secure a seal of the design 23,782
prescribed by the rules of the state board of examiners of 23,783
architects. All working drawings and specifications prepared by 23,784
or under the supervision of the holder shall be imprinted with 23,785
this seal. No person shall seal any document unless the person 23,786
is the holder of a certificate currently in good standing. 23,787
(B) Each certificate of authorization issued under 23,789
division (L) of section 4703.18 of the Revised Code shall 23,790
authorize the holder to provide architectural services, through 23,791
the architect designated as being in responsible charge of the 23,792
architectural practice, from the date of issuance until the last 23,793
day of June next succeeding the date upon which the certificate 23,794
was issued, unless the certificate has been revoked or suspended 23,795
for cause as provided in section 4703.15 of the Revised Code or 23,796
has been suspended pursuant to section 2301.373 3123.47 of the 23,797
542
Revised Code. 23,798
Sec. 4703.16. (A) The state board of examiners of 23,807
architects shall establish the application fee for obtaining 23,808
registration under section 4703.07 and the fee for obtaining 23,809
registration under section 4703.08 of the Revised Code. 23,810
(B) The fee to restore a certificate of qualification is 23,812
the renewal fee for the current certification period, plus the 23,814
renewal fee for each two-year period in which the certificate was 23,815
not renewed, plus a penalty of ten per cent of the total renewal 23,817
fees for each two-year period or part thereof in which the 23,818
certificate was not renewed, provided that the maximum fee shall 23,819
not exceed the amount established by the board. 23,820
(C) The board also shall establish the following fees: 23,822
(1) The fee for an original and duplicate certificate of 23,824
qualification to practice architecture and the biennial renewal 23,826
of the certificate;
(2) The fee for a duplicate renewal card; 23,828
(3) The fee to restore a certificate of qualification or 23,830
certificate of authorization revoked under section 4703.15 of the 23,831
Revised Code or suspended under section 2301.373 3123.47 of the 23,833
Revised Code; 23,834
(4) The fee for an original and duplicate certificate of 23,836
authorization issued under division (L) of section 4703.18 of the 23,837
Revised Code and the annual renewal of the certificate. 23,838
Sec. 4703.36. (A) The state board of landscape architect 23,847
examiners shall register as a landscape architect each applicant 23,848
who demonstrates to the satisfaction of the board that the 23,849
applicant has met all requirements of section 4703.34 of the 23,850
Revised Code, or in lieu thereof, has complied with the 23,851
provisions of section 4703.341 or 4703.35 of the Revised Code. 23,852
The certificate issued to each individual shall be prima-facie 23,853
evidence of the right of the individual to whom it is issued to 23,854
represent himself or herself SELF as a landscape architect and to 23,856
enter the practice of landscape architecture, subject to sections 23,857
543
4703.30 to 4703.49 of the Revised Code. 23,858
(B) Each certificate of qualification issued and 23,860
registered shall authorize the holder to practice landscape 23,861
architecture as a landscape architect in this state from the date 23,862
of issuance until the last day of October next succeeding the 23,863
date upon which the certificate was issued, unless revoked or 23,864
suspended for cause as provided in section 4703.42 of the Revised 23,865
Code or suspended pursuant to section 2301.373 3123.47 of the 23,866
Revised Code. 23,867
(C) Each person registered by the board shall secure a 23,869
seal of the design prescribed by the board. All plans, 23,870
specifications, drawings, and other documents prepared by, or 23,871
under the direct supervision of, the landscape architect shall be 23,872
imprinted with such seal, in accordance with the requirements of 23,873
the board. 23,874
(D) Each certificate of authorization issued under 23,876
division (F) of section 4703.331 of the Revised Code shall 23,877
authorize the holder to provide landscape architectural services, 23,878
through the landscape architect designated as being in 23,879
responsible charge of the landscape architectural activities and 23,880
decisions, from the date of issuance until the last day of June 23,881
next succeeding the date upon which the certificate was issued 23,882
unless the certificate has been suspended or revoked for cause as 23,883
provided in section 4703.42 of the Revised Code. 23,884
Sec. 4703.52. On receipt of a notice pursuant to section 23,893
2301.373 3123.43 of the Revised Code, the state board of 23,894
examiners of architects and the state board of landscape 23,896
architects examiners shall comply with that section SECTIONS 23,898
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 23,900
a certificate issued pursuant to this chapter.
Sec. 4705.021. (A) As used in this section: 23,909
(1) "Disciplinary counsel" means the disciplinary counsel 23,911
appointed by the board of commissioners on grievances and 23,912
544
discipline of the supreme court under the Rules for the 23,913
Government of the Bar of Ohio. 23,914
(2) "Certified grievance committee" means a duly 23,916
constituted and organized committee of the Ohio state bar 23,917
association or of one or more local bar associations of the state 23,918
that complies with the criteria set forth in rule V, section 3 of 23,920
the Rules for the Government of the Bar of Ohio. 23,921
(3) "Child support order" has the same meaning as in 23,923
section 2301.373 3119.01 of the Revised Code. 23,924
(B) If an individual who has been admitted to the bar by 23,926
order of the supreme court in compliance with its published rules 23,927
is determined pursuant to division (B) of section 3113.21 23,929
SECTIONS 3123.02 TO 3123.071 of the Revised Code by a court or 23,930
child support enforcement agency to be in default under a support 23,931
order being administered or handled by a child support 23,932
enforcement agency, that agency may send a notice listing the 23,933
name and social security number or other identification number of 23,934
the individual and a certified copy of the court or agency 23,935
determination that the individual is in default to the secretary 23,936
of the board of commissioners on grievances and discipline of the 23,937
supreme court and to either the disciplinary counsel or the 23,938
president, secretary, and chairman CHAIRPERSON of each certified 23,940
grievance committee.
Sec. 4707.23. On receipt of a notice pursuant to section 23,950
2301.373 3123.43 of the Revised Code, the department of commerce 23,952
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 23,954
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 23,955
3123.63 OF THE REVISED CODE with respect to a license issued 23,956
pursuant to this chapter.
Sec. 4709.26. On receipt of a notice pursuant to section 23,966
2301.373 3123.43 of the Revised Code, the barber board shall 23,967
comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 23,969
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 23,970
3123.63 OF THE REVISED CODE with respect to a license or 23,971
545
certificate issued pursuant to this chapter. 23,972
Sec. 4713.27. On receipt of a notice pursuant to section 23,981
2301.373 3123.43 of the Revised Code, the board of cosmetology 23,982
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 23,984
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 23,985
3123.63 OF THE REVISED CODE with respect to a license issued 23,986
pursuant to this chapter.
Sec. 4715.40. On receipt of a notice pursuant to section 23,996
2301.373 3123.43 of the Revised Code, the state dental board 23,997
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 23,999
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 24,000
3123.63 OF THE REVISED CODE with respect to a license issued 24,001
pursuant to this chapter.
Sec. 4717.16. On receipt of a notice pursuant to section 24,011
2301.373 3123.43 of the Revised Code, the board of embalmers and 24,012
funeral directors shall comply with that section SECTIONS 3123.41 24,014
TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 24,016
license issued pursuant to this chapter. 24,017
Sec. 4723.07. In accordance with Chapter 119. of the 24,026
Revised Code, the board of nursing shall adopt and may amend and 24,027
rescind rules: 24,028
(A) Providing for its government and control of its 24,030
actions and business affairs; 24,031
(B) Establishing minimum curricula and standards for 24,033
nursing education programs that prepare graduates to take 24,034
licensing examinations, and establishing procedures for granting, 24,035
renewing, and withdrawing approval of those programs; 24,037
(C) Establishing requirements that applicants for 24,039
licensure must meet to be permitted to take licensing 24,040
examinations; 24,041
(D) Governing the administration and conduct of 24,043
examinations for licensure to practice nursing as a registered 24,044
nurse or as a licensed practical nurse; 24,045
546
(E) Establishing standards for approval of continuing 24,047
nursing education programs and courses for registered nurses, 24,048
licensed practical nurses, certified registered nurse 24,049
anesthetists, clinical nurse specialists, certified 24,050
nurse-midwives, and certified nurse practitioners. The standards 24,051
may provide for approval of continuing nursing education programs 24,052
and courses that have been approved by other state boards of 24,053
nursing or by national accreditation systems for nursing, 24,054
including, but not limited to, the American nurses' credentialing 24,055
center and the national association for practical nurse education 24,056
and service.
(F) Establishing standards that persons must meet to be 24,058
authorized by the board to approve continuing nursing education 24,059
programs and courses and a schedule to have that authorization 24,060
renewed;
(G) Establishing requirements, including continuing 24,062
education requirements, for restoring inactive licenses and 24,063
licenses that have lapsed through failure to renew; 24,064
(H) Governing conditions that may be imposed for 24,066
reinstatement following action taken under sections 2301.373 24,068
3123.47, 4723.28, and 4723.281 of the Revised Code resulting in a 24,069
suspension from practice; 24,071
(I) Establishing standards for approval of peer support 24,073
programs for nurses; 24,074
(J) Establishing requirements for board approval of 24,077
courses in medication administration by licensed practical 24,078
nurses;
(K) Establishing criteria for specialty certification of 24,080
registered nurses; 24,081
(L) Establishing criteria for evaluating the 24,083
qualifications of an applicant who is applying for a license by 24,085
endorsement to practice nursing as a registered nurse or licensed
practical nurse or for a certificate of authority issued under 24,086
division (E) of section 4723.41 of the Revised Code; 24,087
547
(M) Establishing universal blood and body fluid 24,089
precautions that shall be used by each person licensed under this 24,090
chapter who performs exposure-prone invasive procedures. The 24,091
rules shall define and establish requirements for universal blood 24,092
and body fluid precautions that include the following: 24,093
(1) Appropriate use of hand washing; 24,095
(2) Disinfection and sterilization of equipment; 24,097
(3) Handling and disposal of needles and other sharp 24,099
instruments; 24,100
(4) Wearing and disposal of gloves and other protective 24,102
garments and devices. 24,103
(N) Establishing standards and procedures for approving 24,106
certificates of authority to practice nursing as a certified
registered nurse anesthetist, clinical nurse specialist, 24,107
certified nurse-midwife, or certified nurse practitioner, and for 24,108
renewal of those certificates; 24,109
(O) Establishing quality assurance standards for certified 24,112
registered nurse anesthetists, clinical nurse specialists, 24,113
certified nurse-midwives, or certified nurse practitioners;
(P) Establishing additional criteria for the standard care 24,116
arrangement required by section 4723.431 of the Revised Code 24,117
entered into by a clinical nurse specialist, certified 24,118
nurse-midwife, or certified nurse practitioner and the nurse's 24,119
collaborating physician or podiatrist; 24,120
(Q) Establishing continuing education standards for 24,123
clinical nurse specialists who are exempt under division (C) of 24,124
section 4723.41 of the Revised Code from the requirement of 24,126
having passed a certification examination.
Subject to Chapter 119. of the Revised Code, the board may 24,128
adopt other rules necessary to carry out the provisions of this 24,129
chapter. 24,130
Sec. 4723.09. (A) An application for licensure by 24,139
examination to practice as a registered nurse or as a licensed 24,140
practical nurse shall be submitted to the board of nursing in the 24,141
548
form prescribed by rules of the board. The application shall 24,142
include evidence that the applicant has completed requirements of 24,143
a nursing education program approved by the board or approved by 24,144
another jurisdiction's board that regulates nurse licensure. The 24,145
application also shall include any other information required by 24,146
rules of the board. The application shall be accompanied by the 24,147
application fee required by section 4723.08 of the Revised Code. 24,148
If the board determines that the applicant meets the requirements 24,149
to take the examination, it shall admit the applicant to the 24,150
examination. 24,151
The board shall grant a license to practice nursing as a 24,153
registered nurse or as a licensed practical nurse if the 24,154
applicant passes the examination and the board determines that 24,155
the applicant has not committed any act that is grounds for 24,156
disciplinary action under section 2301.373 3123.47 or 4723.28 of 24,158
the Revised Code, or determines that an applicant who has 24,159
committed such acts has made restitution or has been 24,160
rehabilitated, or both. The board is not required to afford a 24,161
hearing to an individual to whom it has refused to grant a 24,163
license because of that individual's failure to pass the 24,164
examination. 24,165
(B) An application for license by endorsement to practice 24,167
nursing as a registered nurse or as a licensed practical nurse 24,168
shall be submitted to the board in the form prescribed by rules 24,169
of the board and shall be accompanied by the application fee 24,170
required by section 4723.08 of the Revised Code. The application 24,171
shall include evidence that the applicant holds a license in good 24,172
standing in another jurisdiction granted after passing an 24,173
examination approved by the board of that jurisdiction that is 24,174
equivalent to the examination requirements under this chapter for 24,175
a license to practice nursing as a registered nurse or licensed 24,176
practical nurse, and shall include other information required by 24,178
rules of the board of nursing. The board shall grant a license 24,179
by endorsement if the applicant is licensed or certified by 24,180
549
another jurisdiction and the board determines, pursuant to rules 24,181
established under section 4723.07 of the Revised Code, that all 24,182
of the following apply:
(1) The educational preparation of the applicant is 24,184
substantially similar to the minimum curricula and standards for 24,185
nursing education programs established by the board under section 24,186
4723.07 of the Revised Code;
(2) The examination, at the time it is successfully 24,188
completed, is equivalent to the examination requirements in 24,189
effect at that time for applicants who successfully completed the 24,190
examination in this state;
(3) The applicant has not committed any act that is 24,192
grounds for disciplinary action under section 2301.373 3123.47, 24,193
4723.28, or 4723.281 of the Revised Code, or determines that an 24,195
applicant who has committed such acts has made restitution or has 24,196
been rehabilitated, or both.
The board may grant a nonrenewable temporary permit to 24,198
practice nursing as a registered nurse or as a licensed practical 24,199
nurse to an applicant for license by endorsement if the board is 24,200
satisfied by the evidence that the applicant holds a current, 24,201
active license in good standing in another jurisdiction. The 24,203
temporary permit shall expire at the earlier of one hundred 24,204
twenty days after issuance or upon the issuance of a license by 24,205
endorsement.
Sec. 4723.341. As used in this section, "person" has the 24,214
same meaning as in section 1.59 of the Revised Code and also 24,215
includes the board of nursing and its members and employees; 24,216
health care facilities, associations, and societies; insurers; 24,217
and individuals. 24,218
In the absence of fraud or bad faith, no person reporting 24,220
to the board of nursing or testifying in an adjudication hearing 24,221
conducted under Chapter 119. of the Revised Code with regard to 24,222
alleged incidents of negligence or malpractice, matters subject 24,223
to SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 24,225
550
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 24,226
CODE OR section 2301.373 or 4723.28 of the Revised Code, 24,227
violations of section 4723.34 of the Revised Code, or the 24,229
qualifications, fitness, or character of a person licensed or 24,230
applying for a license to practice nursing as a registered nurse 24,231
or licensed practical nurse shall be subject to any civil action 24,232
or liable for damages as a result of making the report or 24,233
testifying.
In the absence of fraud or bad faith, no professional 24,235
association of individuals who are licensed under this chapter 24,236
that sponsors a committee or program to provide peer assistance 24,237
to nurses with substance abuse problems, no representative or 24,238
agent of such a committee or program, and no member of the board 24,239
of nursing shall be liable to any person for damages in a civil 24,240
action by reason of actions taken to refer a nurse to a treatment 24,241
provider designated by the board or actions or omissions of the 24,242
provider in treating a nurse. 24,243
Sec. 4723.63. On receipt of a notice pursuant to section 24,252
2301.373 3123.43 of the Revised Code, the board of nursing shall 24,254
comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 24,255
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 24,256
3123.63 OF THE REVISED CODE with respect to a license issued 24,257
pursuant to this chapter. 24,258
Sec. 4725.20. On receipt of a notice pursuant to section 24,268
2301.373 3123.43 of the Revised Code, the state board of 24,269
optometry shall comply with that section SECTIONS 3123.41 TO 24,272
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 24,274
license or certificate issued by the board under this chapter. 24,276
Sec. 4725.531. On receipt of a notice pursuant to section 24,285
2301.373 3123.43 of the Revised Code, the Ohio optical dispensers 24,287
board shall comply with that section SECTIONS 3123.41 TO 3123.50 24,290
OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER
SECTION 3123.63 OF THE REVISED CODE with respect to a license 24,292
551
issued by the board pursuant to this chapter. 24,293
Sec. 4727.031. On receipt of a notice pursuant to section 24,302
2301.373 3123.43 of the Revised Code, the division of consumer 24,303
finance shall comply with that section SECTIONS 3123.41 TO 24,306
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 24,308
license issued pursuant to this chapter.
Sec. 4728.031. On receipt of a notice pursuant to section 24,317
2301.373 3123.43 of the Revised Code, the division of consumer 24,318
finance shall comply with that section SECTIONS 3123.41 TO 24,321
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 24,323
license issued pursuant to this chapter.
Sec. 4729.67. On receipt of a notice pursuant to section 24,333
2301.373 3123.43 of the Revised Code, the state board of pharmacy 24,334
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 24,336
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 24,337
3123.63 OF THE REVISED CODE with respect to a license, 24,338
identification card, or certificate of registration issued 24,339
pursuant to this chapter. 24,340
Sec. 4730.251. On receipt of a notice pursuant to section 24,350
2301.373 3123.43 of the Revised Code, the state medical board 24,352
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 24,354
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 24,355
3123.63 OF THE REVISED CODE with respect to a certificate issued 24,356
pursuant to this chapter. 24,357
Sec. 4731.76. On receipt of a notice pursuant to section 24,367
2301.373 3123.43 of the Revised Code, the state medical board 24,368
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 24,370
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 24,371
3123.63 OF THE REVISED CODE with respect to a certificate issued 24,373
pursuant to this chapter.
Sec. 4732.27. On receipt of a notice pursuant to section 24,383
2301.373 3123.43 of the Revised Code, the state board of 24,384
552
psychology shall comply with that section SECTIONS 3123.41 TO 24,387
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 24,389
license issued pursuant to this chapter.
Sec. 4733.15. (A) Certificates of registration expire on 24,398
the last day of December following their issuance or renewal and 24,399
become invalid on that date unless renewed pursuant to this 24,400
section and the standard renewal procedure of sections 4745.01 to 24,401
4745.03 of the Revised Code. Renewal may be effected at any time 24,402
prior to the date of expiration for a period of one year by the 24,403
applicant's paying to the treasurer of state a fee of sixteen 24,404
dollars for a renewal of a certificate of registration as either 24,405
a professional engineer or professional surveyor, and twenty-one 24,406
dollars for the renewal of the certificates of an individual who 24,407
is registered as both a professional engineer and professional 24,408
surveyor. The failure on the part of any registrant to renew a 24,409
certificate prior to expiration when notified as required in this 24,410
section, shall not deprive such person of the right of renewal 24,411
within the following twelve months, but the fee to be paid for 24,412
the renewal of a certificate after expiration shall be increased 24,413
fifty per cent. The state board of registration for professional 24,414
engineers and surveyors may waive the payment of the renewal fees 24,415
of a registrant during the period when the registrant is on 24,416
active duty in connection with any branch of the armed forces of 24,417
the United States.
(B) Each certificate of authorization issued pursuant to 24,419
section 4733.16 of the Revised Code shall authorize the holder to 24,420
provide engineering and surveying services, through the 24,421
registered professional engineer or professional surveyor 24,422
designated as being in responsible charge of the engineering and 24,423
surveying practice, from the date of issuance until the last day 24,424
of June next succeeding the date upon which the certificate was 24,425
issued, unless the certificate has been revoked or suspended for 24,426
cause as provided in section 4733.20 of the Revised Code or has 24,427
553
been suspended pursuant to section 2301.373 3123.47 of the 24,428
Revised Code. 24,429
(C) If a certificate is not renewed within one year from 24,431
the date of expiration, its renewal may be effected under rules 24,432
promulgated by the board regarding requirements for reexamination 24,433
or reapplication, and reinstatement penalty fees. 24,434
Sec. 4733.27. On receipt of a notice pursuant to section 24,444
2301.373 3123.43 of the Revised Code, the state board of 24,445
registration for engineers and surveyors shall comply with that 24,446
section SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 24,447
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 24,448
CODE with respect to a certificate issued pursuant to this 24,451
chapter.
Sec. 4734.22. On receipt of a notice pursuant to section 24,460
2301.373 3123.43 of the Revised Code, the chiropractic examining 24,462
board shall comply with that section SECTIONS 3123.41 TO 3123.50 24,464
OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER
SECTION 3123.63 OF THE REVISED CODE with respect to a license 24,466
issued pursuant to this chapter.
Sec. 4735.05. (A) The Ohio real estate commission is a 24,475
part of the department of commerce for administrative purposes. 24,476
The director of commerce is ex officio the executive officer of 24,477
the commission, or the director may designate any employee of the 24,478
department as superintendent of real estate and professional 24,479
licensing to act as executive officer of the commission. 24,480
The commission and the real estate appraiser board created 24,482
pursuant to section 4763.02 of the Revised Code shall each submit 24,483
to the director a list of three persons whom the commission and 24,484
the board consider qualified to be superintendent within sixty 24,485
days after the office of superintendent becomes vacant. The 24,486
director shall appoint a superintendent from the lists submitted 24,487
by the commission and the board, and the superintendent shall 24,488
serve at the pleasure of the director. 24,489
(B) The superintendent, except as otherwise provided, 24,491
554
shall do all of the following in regard to this chapter: 24,492
(1) Administer this chapter; 24,494
(2) Issue all orders necessary to implement this chapter; 24,496
(3) Investigate complaints concerning the violation of 24,498
this chapter or the conduct of any licensee; 24,499
(4) Establish and maintain an investigation and audit 24,501
section to investigate complaints and conduct inspections, 24,502
audits, and other inquiries as in the judgment of the 24,503
superintendent are appropriate to enforce this chapter. The 24,504
investigators or auditors have the right to review and audit the 24,505
business records of licensees during normal business hours. 24,506
(5) Appoint a hearing examiner for any proceeding 24,508
involving license suspension or revocation under section 2301.373 24,510
3123.47 of the Revised Code or proceedings brought under section 24,511
4735.18 of the Revised Code;
(6) Administer the real estate recovery fund. 24,513
(C) The superintendent may do all of the following: 24,515
(1) In connection with investigations and audits under 24,517
division (B) of this section, subpoena witnesses as provided in 24,518
section 4735.04 of the Revised Code; 24,519
(2) Apply to the appropriate court to enjoin any violation 24,521
of this chapter. Upon a showing by the superintendent that any 24,522
person has violated or is about to violate any provision of this 24,523
chapter, the court shall grant an injunction, restraining order, 24,524
or other appropriate order. 24,525
(3) Upon the death of a licensed broker or the revocation 24,527
or suspension of the broker's license, if there is no other 24,528
licensed broker within the business entity of the broker, appoint 24,529
upon application by any interested party, or, in the case of a 24,530
deceased broker, subject to the approval by the appropriate 24,531
probate court, recommend the appointment of, an ancillary trustee 24,532
who is qualified as determined by the superintendent to conclude 24,533
the business transactions of the deceased, revoked, or suspended 24,534
broker. 24,535
555
(D) All information that is obtained by investigators and 24,537
auditors performing investigations or conducting inspections, 24,538
audits, and other inquiries pursuant to division (B)(4) of this 24,539
section, from licensees, complainants, or other persons, and all 24,540
reports, documents, and other work products that arise from that 24,541
information and that are prepared by the investigators, auditors, 24,542
or other personnel of the department, shall be held in confidence 24,543
by the superintendent, the investigators and auditors, and other 24,544
personnel of the department. 24,545
Sec. 4735.33. On receipt of a notice pursuant to section 24,554
2301.373 3123.43 of the Revised Code, the superintendent of real 24,556
estate shall comply with that section SECTIONS 3123.41 TO 3123.50 24,558
OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER
SECTION 3123.63 OF THE REVISED CODE with respect to a license 24,560
issued pursuant to this chapter.
Sec. 4736.17. On receipt of a notice pursuant to section 24,569
2301.373 3123.43 of the Revised Code, the state board of 24,570
sanitarian registration shall comply with that section SECTIONS 24,573
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 24,575
a certificate issued pursuant to this chapter. 24,576
Sec. 4738.072. On receipt of a notice pursuant to section 24,585
2301.373 3123.43 of the Revised Code, the motor vehicle salvage 24,587
dealer's licensing board shall comply with that section SECTIONS 24,591
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 24,593
a license issued pursuant to this chapter.
Sec. 4739.07. Upon application, the person to whom a 24,602
license is issued under sections 4739.01 to 4739.10 of the 24,603
Revised Code, shall be entitled to a renewal thereof annually, 24,604
unless an examiner of steam engineers, for a cause named in 24,606
section 4739.06 of the Revised Code and upon notice and hearing,
or pursuant to section 2301.373 3123.47 of the Revised Code, 24,607
refuses such renewal. 24,609
556
Sec. 4739.16. On receipt of a notice pursuant to section 24,618
2301.373 3123.43 of the Revised Code, the division of examiners 24,620
of steam engineers shall comply with that section SECTIONS 24,623
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 24,625
a license issued pursuant to this chapter. 24,626
Sec. 4740.101. On receipt of a notice pursuant to section 24,635
2301.373 3123.43 of the Revised Code, the construction industry 24,637
examining board shall comply with that section SECTIONS 3123.41 24,640
TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 24,642
certificate issued pursuant to this chapter. 24,643
Sec. 4741.02. There shall be a state veterinary medical 24,652
licensing board consisting of seven members, who have been legal 24,653
residents of this state for not less than five years, appointed 24,654
by the governor with the advice and consent of the senate, as 24,655
follows: five members who have been licensed to practice 24,656
veterinary medicine in this state for not less than five 24,657
consecutive years prior to their appointment; one member who is a 24,658
registered veterinary technician registered pursuant to this 24,659
chapter for not less than five consecutive years prior to 24,660
appointment; and one member who is a representative of the 24,661
public. Terms of office are for five years, commencing on the 24,662
first day of January and ending on the thirty-first day of 24,663
December, except that the initial terms of office of the 24,664
registered veterinary technician and the public member commence 24,665
on January 1, 1992, with the registered veterinary technician's 24,666
initial term of office ending on December 31, 1994, and the 24,667
public member's initial term of office ending on December 31, 24,668
1996. Each member shall hold office from the date of the 24,669
member's appointment until the end of the term for which the 24,670
member was appointed. Any member appointed to fill a vacancy 24,671
occurring prior to the expiration of the term for which the 24,672
predecessor was appointed shall hold office for the remainder of 24,673
557
such term. Any member shall continue in office subsequent to the 24,674
expiration date of the member's term until a successor takes 24,675
office, or until a period of sixty days has elapsed, whichever 24,676
occurs first. No person who has been appointed a member of the 24,677
board shall be appointed to serve a second term unless a period 24,678
of five years has elapsed since the termination of the member's 24,679
first term, provided that members initially appointed for less 24,680
than a five-year term and persons appointed to fill an unexpired 24,681
term may be appointed for one full term of five years immediately 24,682
following such terms.
No member of the board shall be the owner of any interest 24,684
in, or be employed by any wholesale or jobbing house dealing in 24,685
supplies, equipment, or instruments used or useful in the 24,686
practice of veterinary medicine. Neither the public member nor 24,687
the registered veterinary technician member shall have any vested 24,688
financial interest in the practice of veterinary medicine. For 24,689
purposes of this section employment as a veterinary technician 24,690
for a veterinarian does not constitute a vested financial 24,691
interest in the practice of veterinary medicine. 24,692
The governor may remove any member of the board for 24,694
malfeasance, misfeasance, or nonfeasance after a hearing as 24,695
provided in Chapter 119. of the Revised Code or if the license of 24,696
a veterinary member is not renewed or has been revoked or 24,697
suspended on any ground set forth in SECTIONS 3123.41 TO 3123.50 24,698
OR section 2301.373 or 4741.22 of the Revised Code or if the 24,701
registration of the registered veterinary technician member is
revoked or suspended or is not renewed under SECTIONS 3123.41 TO 24,702
3123.50 OR section 2301.373 or 4741.19 of the Revised Code. 24,705
Each member of the board shall receive an amount fixed 24,707
pursuant to division (J) of section 124.15 of the Revised Code 24,708
for each day, or portion thereof, the member is actually engaged 24,709
in the discharge of official duties, in addition to the member's 24,710
necessary expenses. 24,711
Sec. 4741.32. On receipt of a notice pursuant to section 24,720
558
2301.373 3123.43 of the Revised Code, the veterinary medical 24,721
licensing board shall comply with that section SECTIONS 3123.41 24,724
TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 24,726
license issued pursuant to this chapter. 24,727
Sec. 4747.16. On receipt of a notice pursuant to section 24,737
2301.373 3123.43 of the Revised Code, the hearing aid dealers and 24,739
fitters licensing board shall comply with that section SECTIONS 24,742
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 24,744
a license issued pursuant to this chapter. 24,745
Sec. 4749.14. On receipt of a notice pursuant to section 24,755
2301.373 3123.43 of the Revised Code, the director of commerce 24,756
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 24,758
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 24,759
3123.63 OF THE REVISED CODE with respect to a license issued 24,761
pursuant to this chapter.
Sec. 4751.12. On receipt of a notice pursuant to section 24,771
2301.373 3123.43 of the Revised Code, the board of examiners of 24,773
nursing home administrators shall comply with that section 24,776
SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 24,777
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 24,778
CODE with respect to a license issued pursuant to this chapter. 24,780
Sec. 4753.071. The board of speech-language pathology and 24,789
audiology shall issue a conditional license to an applicant who, 24,790
except for the supervised professional experience: 24,791
(A) Meets the academic, practicum, and examination 24,793
requirements of divisions (B), (C), and (E) of section 4753.06 of 24,794
the Revised Code; 24,795
(B) Submits an application to the board, including a plan 24,797
for the content of the supervised professional experience on a 24,798
form prescribed by the board and pays to the board the 24,799
appropriate fee for a conditional license. An applicant may not 24,800
begin employment until the conditional license has been approved. 24,801
559
A conditional license authorizes an individual to practice 24,803
speech-language pathology or audiology while completing the 24,804
supervised professional experience as required by division (D) of 24,805
section 4753.06 of the Revised Code. A person holding a 24,806
conditional license may practice speech-language pathology or 24,807
audiology while working under the supervision of a person fully 24,808
licensed in accordance with this chapter. A conditional license 24,809
is valid for eighteen months unless suspended or revoked pursuant 24,810
to section 2301.373 3123.47 or 4753.10 of the Revised Code. 24,811
A person holding a conditional license may perform services 24,813
for which reimbursement will be sought under the medicare program 24,814
established under Title XVIII of the "Social Security Act," 49 24,815
Stat. 620 (1935), 42 U.S.C. 301, as amended, or the medical 24,816
assistance program established under Chapter 5111. of the Revised 24,817
Code and Title XIX of the "Social Security Act" but all requests 24,819
for reimbursement for such services shall be made by the person 24,820
who supervises the person performing the services. 24,821
Sec. 4753.15. On receipt of a notice pursuant to section 24,830
2301.373 3123.43 of the Revised Code, the board of 24,831
speech-language pathology and audiology shall comply with that 24,834
section SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 24,835
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 24,836
CODE with respect to a license issued pursuant to this chapter. 24,838
Sec. 4755.04. The appropriate section of the Ohio 24,847
occupational therapy, physical therapy, and athletic trainers 24,848
board shall investigate complaints concerning the violation of 24,849
section 4755.02, 4755.48, or 4755.62 of the Revised Code, and 24,850
concerning alleged grounds for the suspension, revocation, or 24,851
refusal to issue or renew licenses under section 2301.373 24,853
3123.47, 4755.10, 4755.47, or 4755.64 of the Revised Code, and 24,855
may subpoena witnesses in connection with its investigations. 24,856
The appropriate section may apply to an appropriate court for an 24,857
order enjoining the violation of section 4755.02, 4755.48, or 24,858
4755.62 of the Revised Code, and upon the showing by the section 24,859
560
that any person has violated or is about to violate section 24,860
4755.02, or 4755.48, or 4755.62 of the Revised Code, the court 24,861
shall grant an injunction, restraining order, or such other order 24,862
as is appropriate. The appropriate section may employ 24,863
investigators who shall, under the direction of the secretary of 24,864
the section, make investigations of complaints and such 24,865
inspections and other inquiries as in the judgment of the section 24,866
are appropriate to enforce SECTIONS 3123.41 TO 3123.50 OR section 24,867
2301.373, 4755.02, 4755.10, 4755.47, 4755.48, 4755.62, or 4755.64 24,871
of the Revised Code. These investigators have the right to 24,873
review and audit the records of licensees at the place of
business of the licensees or any other place where such records 24,874
may be and shall be given access to such records during normal 24,875
business hours. Information obtained by investigators concerning 24,876
a licensee shall be held in confidence by the appropriate section 24,877
and its employees, except pursuant to an order of a court. 24,878
The appropriate section shall conduct such hearings, keep 24,880
records and minutes, and do all such other things necessary and 24,881
proper to carry out and enforce the relevant sections of this 24,882
chapter. 24,883
Each section of the board shall publish and make available, 24,885
upon request and for a fee not to exceed the actual cost of 24,886
printing and mailing, the licensure standards prescribed by the 24,887
relevant sections of this chapter and its rules. 24,888
The board shall submit to the governor and to the general 24,890
assembly each year a report of all its official actions during 24,891
the preceding year, together with any recommendations and 24,892
findings with regard to the improvement of the profession of 24,893
physical therapy and the profession of occupational therapy. 24,894
Sec. 4755.09. Each license issued under section 4755.07 of 24,903
the Revised Code is valid without further recommendation or 24,904
examination until revoked or suspended or until the license 24,905
expires for failure to file an application for certificate of 24,906
renewal as provided for in this section. 24,907
561
Licenses shall be renewed biennially. Those licensees 24,909
whose last name begins with any letter of the alphabet from the 24,910
letter "A" through the letter "L" shall file, together with the 24,911
fee for renewal as provided in section 4755.11 of the Revised 24,912
Code, by the last day of June of each even-numbered calendar 24,913
year, an application for a certificate of renewal on a form 24,914
prescribed by the occupational therapy section of the Ohio 24,915
occupational therapy, physical therapy, and athletic trainers 24,916
board. Those licensees whose last name begins with any letter of 24,917
the alphabet from the letter "M" through the letter "Z" shall 24,918
file the application and fee for the certificate of renewal by 24,919
the last day of June of each odd-numbered calendar year. The 24,920
certificate of renewal shall be mailed by the section to the 24,921
licensee prior to the first day of August of the appropriate 24,922
year. In all other respects the renewal process is as provided 24,923
in section 4745.02 of the Revised Code. 24,924
The license of any licensee who fails to file an 24,926
application for a certificate of renewal by the last day of June 24,927
of the appropriate year expires, unless the section, for good 24,928
cause shown, determines that the application for renewal could 24,929
not have been filed by such day. The section shall adopt rules 24,930
in accordance with Chapter 119. of the Revised Code prescribing 24,931
the late fees and the conditions under which the license of a 24,932
licensee who files a late application for renewal will be 24,933
reinstated. 24,934
Except as provided in section 2301.373 SECTIONS 3123.41 TO 24,936
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED 24,937
UNDER SECTION 3123.63 of the Revised Code, the section may renew 24,940
a license while the license is suspended, but the renewal shall 24,941
not affect the suspension. The section shall not renew a license 24,942
that has been revoked. If a revoked license is reinstated under 24,943
section 4755.10 of the Revised Code after it has expired, the 24,944
licensee, as a condition of reinstatement, shall pay a 24,945
reinstatement fee equal to the renewal fee in effect on the last 24,946
562
preceding regular renewal date before the reinstatement date, 24,947
plus any delinquent fees accrued from the time of the revocation, 24,948
if such fees are prescribed by the section by rule. 24,949
Sec. 4755.61. (A) The athletic trainers section of the 24,958
Ohio occupational therapy, physical therapy, and athletic 24,959
trainers board shall: 24,960
(1) Adopt rules, not inconsistent with this chapter, for 24,962
the licensure of athletic trainers, including rules that specify 24,963
the educational course work requirements for licensure; 24,964
(2) Establish fees in accordance with division (B) of this 24,966
section and section 4755.13 of the Revised Code fixing license 24,967
and examination fees; 24,968
(3) Conduct hearings, keep records of its proceedings, and 24,970
do all things necessary and proper to administer and enforce 24,971
sections 4755.61 to 4755.65 of the Revised Code; 24,972
(4) Publish and make available, upon request and for a fee 24,974
not to exceed the actual cost of printing and mailing, the 24,975
requirements for the issuance of an athletic trainers license 24,976
under this chapter and the rules adopted thereunder; 24,977
(5) Maintain a register of every person licensed to 24,979
practice athletic training in this state, including the addresses 24,980
of the licensee's last known place of business and residence, and 24,981
the effective date and identification number of the person's 24,982
license. The board shall make this list available to any person 24,983
upon request and payment of a fee not to exceed the actual cost 24,984
of printing and mailing. 24,985
(6) Publish and make available, upon request and for a fee 24,987
not to exceed the actual cost of printing and mailing, a list of 24,988
persons who passed the examination required under section 4755.62 24,989
of the Revised Code; 24,990
(7) Investigate complaints concerning alleged violations 24,992
of section 4755.62 of the Revised Code or other grounds for the 24,993
suspension, revocation, or refusal to issue a license under 24,994
section 2301.373 3123.47 or 4755.64 of the Revised Code. In 24,995
563
connection with its investigations, the athletic trainers section 24,997
may subpoena witnesses, issue subpoenas, examine witnesses, 24,998
administer oaths, and, under the direction of the executive 24,999
secretary of the board, investigate complaints and make 25,000
inspections and other inquiries as in the judgment of the section 25,001
are appropriate to enforce sections 2301.373 3123.41 TO 3123.50, 25,002
4755.62, and 4755.64 of the Revised Code. The section may review 25,005
and audit the records of any licensee during normal business 25,006
hours at the licensee's place of business or at any other place 25,007
where the licensee's records are kept. Notwithstanding section 25,008
149.43 of the Revised Code, the athletic trainers section and its 25,009
employees, except pursuant to a court order, shall maintain in 25,010
confidence all information obtained.
(8) Adopt rules governing the nature and scope of the 25,012
examination required under section 4755.62 of the Revised Code 25,013
and the reexamination required under section 4755.63 of the 25,014
Revised Code and the minimum examination score for licensure or 25,015
renewal thereof. The rules for the examination required under 25,016
section 4755.62 of the Revised Code shall ensure the testing of 25,017
the applicant's knowledge of the basic and clinical sciences 25,018
relating to athletic training theory and practice, including 25,019
professional skills and judgment in the utilization of athletic 25,020
training techniques and such other subjects as the athletic 25,021
trainers section of the board considers useful in determining 25,022
competency to practice athletic training. 25,023
(9) Conduct the examination required under section 4755.62 25,025
of the Revised Code at least twice a year at a time and place and 25,026
under such supervision as the athletic trainers section of the 25,027
board determines; 25,028
(10) Adopt rules to determine which states' standards for 25,030
licensure are equal to or greater than this state's for the 25,031
purpose of waiving requirements under division (D) of section 25,032
4755.62 of the Revised Code; 25,033
(11) Adopt rules to determine which examinations meet the 25,035
564
requirements of division (E) of section 4755.62 of the Revised 25,036
Code; 25,037
(12) Adopt rules establishing the standards of ethical 25,039
conduct for licensed athletic trainers under this chapter; 25,040
(13) Adopt rules to determine the scope and nature of the 25,042
continuing education courses that comply with the requirement for 25,043
renewal of a license under section 4755.63 of the Revised Code. 25,044
(B) The fees adopted by the athletic trainers section of 25,046
the board pursuant to division (A)(2) of this section shall be 25,047
established and adjusted as required to provide sufficient 25,048
revenues to meet the expenses of the section in administering 25,049
sections 4755.61 to 4755.66 of the Revised Code. The fees shall 25,050
include: 25,051
(1) A nonrefundable examination fee, not to exceed the 25,053
amount necessary to cover the expense of administering the 25,054
examination; 25,055
(2) An initial license fee; 25,057
(3) A biennial license renewal fee; 25,059
(4) A late renewal penalty, not to exceed fifty per cent 25,061
of the renewal fee. 25,062
The athletic trainers section of the board may, by rule, 25,064
provide for the waiver of all or part of a license fee if the 25,065
license is issued less than one hundred days before its 25,066
expiration date. 25,067
(C) All rules under sections 4755.61 to 4755.65 of the 25,069
Revised Code shall be adopted by the athletic trainers section of 25,070
the board in accordance with Chapter 119. of the Revised Code. 25,071
Sec. 4755.66. On receipt of a notice pursuant to section 25,081
2301.373 3123.43 of the Revised Code, the Ohio occupational 25,082
therapy, physical therapy, and athletic trainer's board shall 25,085
comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 25,086
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 25,087
3123.63 OF THE REVISED CODE with respect to a license issued 25,089
pursuant to this chapter.
565
Sec. 4757.19. On receipt of a notice pursuant to section 25,099
2301.373 3123.43 of the Revised Code, the counselor and social 25,101
worker board shall comply with that section SECTIONS 3123.41 TO 25,102
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 25,104
license issued pursuant to this chapter.
Sec. 4759.11. On receipt of a notice pursuant to section 25,114
2301.373 3123.43 of the Revised Code, the board of dietetics 25,115
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 25,117
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 25,118
3123.63 OF THE REVISED CODE with respect to a license issued 25,121
pursuant to this chapter.
Sec. 4761.03. The Ohio respiratory care board shall 25,130
regulate the practice of respiratory care under this chapter. 25,131
Rules adopted under this chapter that deal with the provision of 25,132
respiratory care in a hospital, other than rules regulating the 25,133
issuance of licenses or limited permits, shall be consistent with 25,134
the conditions for participation under Title XVIII of the "Social 25,135
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, 25,136
and with the respiratory care accreditation standards of the 25,137
joint commission on accreditation of healthcare organizations or 25,139
the American osteopathic association. 25,140
The board shall: 25,142
(A) Adopt, and may rescind or amend, rules in accordance 25,144
with Chapter 119. of the Revised Code to carry out the purposes 25,145
of this chapter, including rules prescribing: 25,146
(1) The form and manner for filing applications for 25,148
licensure and renewal, limited permits, and limited permit 25,149
extensions under sections 4761.05 and 4761.06 of the Revised 25,151
Code;
(2) The form, scoring, and scheduling of examinations and 25,153
reexaminations for licensure and license renewal; 25,154
(3) Standards for the approval of educational programs 25,156
required to qualify for licensure and continuing education 25,157
566
programs required for license renewal; 25,158
(4) Continuing education courses and the number of hour 25,161
requirements necessary for license renewal, in accordance with 25,162
section 4761.06 of the Revised Code; 25,163
(5) Procedures for the issuance and renewal of licenses 25,165
and limited permits; 25,166
(6) Procedures for the denial, suspension, revocation, 25,168
refusal to renew, and reinstatement of licenses and limited 25,169
permits, the conduct of hearings, and the imposition of fines for 25,171
engaging in conduct that is grounds for such action and hearings 25,172
under section 4761.09 of the Revised Code. 25,173
(7) Standards of ethical conduct for the practice of 25,175
respiratory care; 25,176
(8) Conditions under which the license renewal fee and 25,178
continuing education requirements may be waived at the request of 25,179
a licensee who is not in active practice. 25,180
(B) Determine the sufficiency of an applicant's 25,182
qualifications for admission to the licensing examination or a 25,183
reexamination, and for the issuance or renewal of a license or 25,184
limited permit; 25,185
(C) Determine the respiratory care educational programs 25,187
that are acceptable for fulfilling the requirements of division 25,188
(A) of section 4761.04 of the Revised Code; 25,189
(D) Schedule, administer, and score the licensing 25,191
examination or any reexamination for license renewal or 25,192
reinstatement. The board shall administer the licensing 25,193
examinations at least twice a year and notify applicants of the 25,195
time and place of the examinations. 25,196
(E) Investigate complaints concerning alleged violations 25,198
of section 4761.10 of the Revised Code or grounds for the 25,199
suspension, revocation, or refusal to issue licenses or limited 25,200
permits under section 2301.373 3123.47 or 4761.09 of the Revised 25,201
Code. The board shall employ investigators who shall, under the 25,203
direction of the executive secretary of the board, investigate 25,204
567
complaints and make inspections and other inquiries as, in the 25,205
judgment of the board, are appropriate to enforce sections 25,206
2301.373 3123.41 TO 3123.50, 4761.09, and 4761.10 of the Revised 25,210
Code. Pursuant to an investigation and inspection, the 25,211
investigators may review and audit records during normal business 25,212
hours at the place of business of a licensee or person who is the 25,213
subject of a complaint filed with the board or at any place where 25,214
the records are kept. The board and its employees shall not 25,215
disclose confidential information obtained during an 25,216
investigation, except pursuant to a court order. 25,217
The board may hear testimony in matters relating to the 25,219
duties imposed upon it and issue subpoenas pursuant to an 25,221
investigation. The president and secretary of the board may 25,223
administer oaths. 25,224
(F) Conduct hearings, keep records of its proceedings, and 25,226
do all such other things as are necessary and proper to carry out 25,227
and enforce the provisions of this chapter; 25,228
(G) Maintain, publish, and make available upon request, 25,230
for a fee not to exceed the actual cost of printing and mailing: 25,231
(1) The requirements for the issuance of licenses and 25,233
limited permits under this chapter and rules adopted by the 25,234
board;
(2) A current register of every person licensed to 25,236
practice respiratory care in this state, to include the addresses 25,237
of the person's last known place of business and residence, the 25,238
effective date and identification number of the license, the name 25,239
and location of the institution that granted the person's degree 25,240
or certificate of completion of respiratory care educational 25,241
requirements, and the date the degree or certificate was issued; 25,242
(3) A list of the names and locations of the institutions 25,244
that each year granted degrees or certificates of completion in 25,245
respiratory care; 25,246
(4) After the administration of each examination, a list 25,248
of persons who passed the examination. 25,249
568
(H) Submit to the governor and to the general assembly 25,251
each year a report of all of its official actions during the 25,252
preceding year, together with any findings and recommendations 25,253
with regard to the improvement of the profession of respiratory 25,254
care. 25,255
Sec. 4761.12. On receipt of a notice pursuant to section 25,265
2301.373 3123.43 of the Revised Code, the respiratory care board 25,267
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 25,269
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 25,270
3123.63 OF THE REVISED CODE with respect to a license or permit 25,272
issued pursuant to this chapter.
Sec. 4763.03. (A) In addition to any other duties imposed 25,283
on the real estate appraiser board under this chapter, the board 25,284
shall: 25,285
(1) Adopt rules, in accordance with Chapter 119. of the 25,287
Revised Code, in furtherance of this chapter, including, but not 25,288
limited to, all of the following: 25,289
(a) Defining, with respect to state-certified general real 25,292
estate appraisers, state-certified residential real estate 25,293
appraisers, and state-licensed residential real estate 25,294
appraisers, the type of educational experience, appraisal 25,295
experience, and other equivalent experience that satisfy the 25,296
requirements of this chapter. The rules shall require that all 25,297
appraisal experience performed after January 1, 1996, meet the 25,299
uniform standards of professional practice established by the
appraisal foundation. 25,300
(b) Establishing the examination specifications for 25,302
state-certified general real estate appraisers, state-certified 25,303
residential real estate appraisers, and state-licensed 25,304
residential real estate appraisers; 25,305
(c) Relating to disciplinary proceedings conducted in 25,308
accordance with section 4763.11 of the Revised Code, including
rules governing the reinstatement of certificates, registrations, 25,310
and licenses that have been suspended pursuant to those 25,311
569
proceedings;
(d) Identifying any additional information to be included 25,314
on the forms specified in division (C) of section 4763.12 of the 25,315
Revised Code, provided that the rules shall not require any less 25,316
information than is required in that division;
(e) Establishing the fees set forth in section 4763.09 of 25,319
the Revised Code;
(f) Establishing the amount of the assessment required by 25,322
division (A)(2) of section 4763.05 of the Revised Code. The 25,323
board annually shall determine the amount due from each applicant 25,324
for an initial certificate, registration, and license in an 25,325
amount that will maintain the real estate appraiser recovery fund 25,326
at the level specified in division (A) of section 4763.16 of the 25,327
Revised Code. The board may, if the fund falls below that 25,328
amount, require current certificate holders, registrants, and 25,329
licensees to pay an additional assessment. 25,331
(g) Defining, with respect to state-registered real estate 25,333
appraiser assistants, the educational and experience requirements 25,334
of division (C)(1)(d) of section 4763.05 of the Revised Code; 25,335
(h) Establishing a real estate appraiser assistant program 25,337
for the registration of real estate appraiser assistants. 25,338
(2) Provide or procure appropriate examination questions 25,340
and answers for the examinations required by division (D) of 25,341
section 4763.05 of the Revised Code, and establish the criteria 25,342
for successful completion of those examinations; 25,343
(3) Periodically review the standards for preparation and 25,345
reporting of real estate appraisals provided in this chapter and 25,346
adopt rules explaining and interpreting those standards; 25,347
(4) Hear appeals, pursuant to Chapter 119. of the Revised 25,349
Code, from decisions and orders the superintendent of real estate 25,350
issues pursuant to this chapter; 25,351
(5) Request the initiation by the superintendent of 25,353
investigations of violations of this chapter or the rules adopted 25,354
pursuant thereto, as the board determines appropriate; 25,355
570
(6) Determine the appropriate disciplinary actions to be 25,357
taken against certificate holders, registrants, and licensees 25,358
under this chapter as provided in section 4763.11 of the Revised 25,360
Code.
(B) In addition to any other duties imposed on the 25,362
superintendent of real estate under this chapter, the 25,363
superintendent shall: 25,364
(1) Prescribe the form and content of all applications 25,366
required by this chapter; 25,367
(2) Receive applications for certifications, 25,369
registrations, and licenses and renewal thereof under this 25,371
chapter and establish the procedures for processing, approving, 25,372
and disapproving those applications; 25,373
(3) Retain records and all application materials submitted 25,375
to him THE SUPERINTENDENT; 25,376
(4) Establish the time and place for conducting the 25,378
examinations required by division (D) of section 4763.05 of the 25,379
Revised Code; 25,380
(5) Issue certificates, registrations, and licenses and 25,382
maintain a register of the names and addresses of all persons 25,384
issued a certificate, registration, or license under this 25,385
chapter;
(6) Perform any other functions and duties, including the 25,387
employment of staff, necessary to administer this chapter; 25,388
(7) Administer this chapter; 25,390
(8) Issue all orders necessary to implement this chapter; 25,392
(9) Investigate complaints, upon the superintendent's own 25,394
motion or upon receipt of a complaint or upon a request of the 25,396
board, concerning any violation of this chapter or the rules 25,397
adopted pursuant thereto or the conduct of any person holding a 25,398
certificate, registration, or license issued pursuant to this 25,400
chapter;
(10) Establish and maintain an investigation and audit 25,402
section to investigate complaints and conduct inspections, 25,403
571
audits, and other inquiries as in the judgment of the 25,404
superintendent are appropriate to enforce this chapter. The 25,405
investigators and auditors have the right to review and audit the 25,406
business records of certificate holders, registrants, and 25,407
licensees during normal business hours. The superintendent may 25,409
utilize the investigators and auditors employed pursuant to 25,410
division (B)(4) of section 4735.05 of the Revised Code or 25,411
currently licensed certificate holders or licensees to assist in 25,412
performing the duties of this division. 25,413
(11) Appoint a referee or examiner for any proceeding 25,415
involving the revocation or suspension of a certificate, 25,416
registration, or license under section 2301.373 3123.47 or 25,418
4763.11 of the Revised Code; 25,419
(12) Administer the real estate appraiser recovery fund; 25,421
(13) Conduct the examinations required by division (D) of 25,423
section 4763.05 of the Revised Code at least four times per year. 25,424
(C) The superintendent may do all of the following: 25,426
(1) In connection with investigations and audits under 25,428
division (B) of this section, subpoena witnesses as provided in 25,429
section 4763.04 of the Revised Code; 25,430
(2) Apply to the appropriate court to enjoin any violation 25,432
of this chapter. Upon a showing by the superintendent that any 25,433
person has violated or is about to violate this chapter, the 25,434
court shall grant an injunction, restraining order, or other 25,435
appropriate relief, or any combination thereof. 25,436
(D) All information that is obtained by investigators and 25,438
auditors performing investigations or conducting inspections, 25,439
audits, and other inquiries pursuant to division (B)(10) of this 25,440
section, from certificate holders, registrants, licensees, 25,441
complainants, or other persons, and all reports, documents, and 25,442
other work products that arise from that information and that are 25,443
prepared by the investigators, auditors, or other personnel of 25,444
the department of commerce, shall be held in confidence by the
superintendent, the investigators and auditors, and other 25,445
572
personnel of the department. 25,446
Sec. 4763.18. On receipt of a notice pursuant to section 25,456
2301.373 3123.43 of the Revised Code, the real estate appraiser 25,458
board shall comply with that section SECTIONS 3123.41 TO 3123.50 25,461
OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER
SECTION 3123.63 OF THE REVISED CODE with respect to a license or 25,463
certificate issued pursuant to this chapter. 25,464
Sec. 4765.56. On receipt of a notice pursuant to section 25,473
2301.373 3123.43 of the Revised Code, the state board of 25,474
emergency medical services shall comply with that section 25,477
SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 25,478
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 25,479
CODE with respect to a certificate to practice issued pursuant to 25,481
this chapter.
Sec. 5101.36. Any application for public assistance gives 25,490
a right of subrogation to the department of human services for 25,491
any workers' compensation benefits payable to a person who is 25,492
subject to a support order, as defined in section 2301.34 3121.01 25,494
of the Revised Code or to an administrative support order, as 25,495
defined in section 3111.20 of the Revised Code, on behalf of the 25,496
applicant, to the extent of any public assistance payments made 25,497
on the applicant's behalf. If the director of human services, in 25,498
consultation with a child support enforcement agency and the 25,499
administrator of the bureau of workers' compensation, determines 25,500
that a person responsible for support payments to a recipient of 25,501
public assistance is receiving workers' compensation, the 25,502
director shall notify the administrator of the amount of the 25,503
benefit to be paid to the department of human services. 25,504
For purposes of this section, "public assistance" means 25,506
medical assistance provided through the medical assistance 25,507
program established under section 5111.01 of the Revised Code, 25,508
Ohio works first provided under Chapter 5107. of the Revised 25,511
Code, prevention, retention, and contingency assistance provided
under Chapter 5108. of the Revised Code, or disability assistance 25,512
573
provided under Chapter 5115. of the Revised Code. 25,514
Sec. 5101.37. (A) The department of human services and 25,523
each county department of human services and child support 25,524
enforcement agency may make any investigations that are necessary 25,526
in the performance of their duties, and to that end they shall 25,527
have the same power as a judge of a county court to administer 25,528
oaths and to enforce the attendance and testimony of witnesses 25,529
and the production of books or papers.
The department and each county department and agency shall 25,533
keep a record of their investigations stating the time, place, 25,534
charges or subject, witnesses summoned and examined, and their 25,535
conclusions.
In matters involving the conduct of an officer, a 25,537
stenographic report of the evidence shall be taken and a copy of 25,538
the report, with all documents introduced, kept on file at the 25,539
office of the department, county department, or agency. 25,541
The fees of witnesses for attendance and travel shall be 25,543
the same as in the court of common pleas, but no officer or 25,544
employee of the institution under investigation is entitled to 25,545
such fees. 25,546
(B) In conducting hearings pursuant to sections 3113.21 to 25,548
3113.216 CHAPTERS 3119., 3121., AND 3123. or pursuant to division 25,550
(B) of section 5101.35 of the Revised Code, the department and 25,553
each child support enforcement agency have the same power as a 25,554
judge of a county court to administer oaths and to enforce the 25,555
attendance and testimony of witnesses and the production of books 25,556
or papers. The department and each agency shall keep a record of 25,557
those hearings stating the time, place, charges or subject, 25,558
witnesses summoned and examined, and their conclusions. 25,559
The issuance of a subpoena by the department or a child 25,561
support enforcement agency to enforce attendance and testimony of 25,562
witnesses and the production of books or papers at a hearing is 25,563
discretionary and the department or agency is not required to pay 25,564
the fees of witnesses for attendance and travel. 25,565
574
(C) Any judge of any division of the court of common 25,568
pleas, upon application of the department or a county department
or child support enforcement agency, may compel the attendance of 25,569
witnesses, the production of books or papers, and the giving of 25,570
testimony before the department, county department, or agency, by 25,572
a judgment for contempt or otherwise, in the same manner as in 25,573
cases before those courts. 25,574
Sec. 5101.99. (A) Whoever violates division (A) or (B) of 25,583
section 5101.61 of the Revised Code shall be fined not more than 25,584
five hundred dollars.
(B) Whoever violates division (F) of section 5101.31 or 25,586
division (D) of section 5101.315 of the Revised Code shall be 25,588
fined not more than five hundred dollars, or imprisoned not more 25,589
than six months, or both.
(C) Whoever violates division (A) of section 5101.27 of 25,592
the Revised Code is guilty of a misdemeanor of the first degree.
Sec. 5104.011. (A) The director of human services shall 25,601
adopt rules pursuant to Chapter 119. of the Revised Code 25,603
governing the operation of child day-care centers, including, but 25,604
not limited to, parent cooperative centers, part-time centers, 25,605
drop-in centers, and school child centers, which rules shall 25,606
reflect the various forms of child day-care and the needs of 25,607
children receiving child day-care or publicly funded child 25,608
day-care and, no later than January 1, 1992, shall include 25,609
specific rules for school child day-care centers that are 25,610
developed in consultation with the department of education. The 25,611
rules shall not require an existing school facility that is in 25,612
compliance with applicable building codes to undergo an 25,613
additional building code inspection or to have structural 25,614
modifications. The rules shall include the following: 25,615
(1) Submission of a site plan and descriptive plan of 25,617
operation to demonstrate how the center proposes to meet the 25,618
requirements of this chapter and rules adopted pursuant to this 25,621
chapter for the initial license application;
575
(2) Standards for ensuring that the physical surroundings 25,623
of the center are safe and sanitary including, but not limited 25,624
to, the physical environment, the physical plant, and the 25,625
equipment of the center; 25,626
(3) Standards for the supervision, care, and discipline of 25,628
children receiving child day-care or publicly funded child 25,629
day-care in the center; 25,630
(4) Standards for a program of activities, and for play 25,632
equipment, materials, and supplies, to enhance the development of 25,633
each child; however, any educational curricula, philosophies, and 25,634
methodologies that are developmentally appropriate and that 25,635
enhance the social, emotional, intellectual, and physical 25,636
development of each child shall be permissible. As used in this 25,637
division, "program" does not include instruction in religious or 25,638
moral doctrines, beliefs, or values that is conducted at child 25,639
day-care centers owned and operated by churches and does include 25,640
methods of disciplining children at child day-care centers. 25,641
(5) Admissions policies and procedures, health care 25,643
policies and procedures, including, but not limited to, 25,644
procedures for the isolation of children with communicable 25,645
diseases, first aid and emergency procedures, procedures for 25,646
discipline and supervision of children, standards for the 25,647
provision of nutritious meals and snacks, and procedures for 25,648
screening children and employees, including, but not limited to, 25,649
any necessary physical examinations and immunizations; 25,650
(6) Methods for encouraging parental participation in the 25,652
center and methods for ensuring that the rights of children, 25,653
parents, and employees are protected and that responsibilities of 25,654
parents and employees are met; 25,655
(7) Procedures for ensuring the safety and adequate 25,657
supervision of children traveling off the premises of the center 25,658
while under the care of a center employee; 25,659
(8) Procedures for record keeping, organization, and 25,661
administration; 25,662
576
(9) Procedures for issuing, renewing, denying, and 25,664
revoking a license that are not otherwise provided for in Chapter 25,665
119. of the Revised Code; 25,666
(10) Inspection procedures; 25,668
(11) Procedures and standards for setting initial and 25,670
renewal license application fees; 25,671
(12) Procedures for receiving, recording, and responding 25,673
to complaints about centers; 25,674
(13) Procedures for enforcing section 5104.04 of the 25,676
Revised Code; 25,677
(14) A standard requiring the inclusion, on and after July 25,679
1, 1987, of a current department of human services toll-free 25,680
telephone number on each center provisional license or license 25,681
which any person may use to report a suspected violation by the 25,682
center of this chapter or rules adopted pursuant to this chapter; 25,685
(15) Requirements for the training of administrators and 25,687
child-care staff members in first aid, in prevention, 25,688
recognition, and management of communicable diseases, and in 25,689
child abuse recognition and prevention. Training requirements 25,690
for child day-care centers adopted under this division shall be 25,691
consistent with divisions (B)(6) and (C)(1) of this section. 25,692
(16) Procedures to be used by licensees for checking the 25,694
references of potential employees of centers and procedures to be 25,695
used by the director for checking the references of applicants 25,696
for licenses to operate centers; 25,697
(17) Standards providing for the special needs of children 25,699
who are handicapped or who require treatment for health 25,700
conditions while the child is receiving child day-care or 25,701
publicly funded child day-care in the center; 25,702
(18) Any other procedures and standards necessary to carry 25,704
out this chapter. 25,705
(B)(1) The child day-care center shall have, for each 25,707
child for whom the center is licensed, at least thirty-five 25,708
square feet of usable indoor floor space wall-to-wall regularly 25,709
577
available for the child day-care operation exclusive of any parts 25,710
of the structure in which the care of children is prohibited by 25,711
law or by rules adopted by the board of building standards. The 25,712
minimum of thirty-five square feet of usable indoor floor space 25,713
shall not include hallways, kitchens, storage areas, or any other 25,714
areas that are not available for the care of children, as 25,715
determined by the director, in meeting the space requirement of 25,716
this division, and bathrooms shall be counted in determining 25,717
square footage only if they are used exclusively by children 25,718
enrolled in the center, except that the exclusion of hallways, 25,719
kitchens, storage areas, bathrooms not used exclusively by 25,720
children enrolled in the center, and any other areas not 25,721
available for the care of children from the minimum of 25,722
thirty-five square feet of usable indoor floor space shall not 25,723
apply to: 25,724
(a) Centers licensed prior to or on September 1, 1986, 25,726
that continue under licensure after that date; 25,727
(b) Centers licensed prior to or on September 1, 1986, 25,729
that are issued a new license after that date solely due to a 25,730
change of ownership of the center. 25,731
(2) The child day-care center shall have on the site a 25,733
safe outdoor play space which is enclosed by a fence or otherwise 25,734
protected from traffic or other hazards. The play space shall 25,735
contain not less than sixty square feet per child using such 25,736
space at any one time, and shall provide an opportunity for 25,737
supervised outdoor play each day in suitable weather. The 25,738
director may exempt a center from the requirement of this 25,739
division, if an outdoor play space is not available and if all of 25,740
the following are met: 25,741
(a) The center provides an indoor recreation area that has 25,743
not less than sixty square feet per child using the space at any 25,744
one time, that has a minimum of one thousand four hundred forty 25,745
square feet of space, and that is separate from the indoor space 25,746
required under division (B)(1) of this section. 25,747
578
(b) The director has determined that there is regularly 25,749
available and scheduled for use a conveniently accessible and 25,750
safe park, playground, or similar outdoor play area for play or 25,751
recreation. 25,752
(c) The children are closely supervised during play and 25,754
while traveling to and from the area. 25,755
The director also shall exempt from the requirement of this 25,757
division a child day-care center that was licensed prior to 25,758
September 1, 1986, if the center received approval from the 25,759
director prior to September 1, 1986, to use a park, playground, 25,760
or similar area, not connected with the center, for play or 25,761
recreation in lieu of the outdoor space requirements of this 25,762
section and if the children are closely supervised both during 25,763
play and while traveling to and from the area and except if the 25,764
director determines upon investigation and inspection pursuant to 25,765
section 5104.04 of the Revised Code and rules adopted pursuant to 25,768
that section that the park, playground, or similar area, as well 25,769
as access to and from the area, is unsafe for the children. 25,770
(3) The child day-care center shall have at least two 25,772
responsible adults available on the premises at all times when 25,773
seven or more children are in the center. The center shall 25,774
organize the children in the center in small groups, shall 25,775
provide child-care staff to give continuity of care and 25,776
supervision to the children on a day-by-day basis, and shall 25,777
ensure that no child is left alone or unsupervised. Except as 25,778
otherwise provided in division (E) of this section, the maximum 25,779
number of children per child-care staff member and maximum group 25,780
size, by age category of children, are as follows: 25,781
Maximum Number of 25,783
Children Per Maximum 25,784
Age Category Child-Care Group 25,785
of Children Staff Member Size 25,786
(a) Infants: 25,787
(i) Less than twelve 25,788
579
months old 5:1, or 25,789
12:2 if two 25,790
child-care 25,791
staff members 25,792
are in the room 12 25,793
(ii) At least twelve 25,794
months old, but 25,795
less than eighteen 25,796
months old 6:1 12 25,797
(b) Toddlers: 25,798
(i) At least eighteen 25,799
months old, but 25,800
less than thirty 25,801
months old 7:1 14 25,802
(ii) At least thirty months 25,803
old, but less than 25,804
three years old 8:1 16 25,805
(c) Preschool 25,806
children: 25,807
(i) Three years old 12:1 24 25,808
(ii) Four years old and 25,809
five years old who 25,810
are not school 25,811
children 14:1 28 25,812
(d) School children: 25,813
(i) A child who is 25,814
enrolled in or is 25,815
eligible to be 25,816
enrolled in a grade 25,817
of kindergarten 25,818
or above, but 25,819
is less than 25,820
eleven years old 18:1 36 25,822
(ii) Eleven through fourteen 25,823
580
years old 20:1 40 25,824
Except as otherwise provided in division (E) of this 25,827
section, the maximum number of children per child-care staff 25,828
member and maximum group size requirements of the younger age 25,829
group shall apply when age groups are combined. 25,830
(4)(a) The child day-care center administrator shall show 25,832
the director both of the following: 25,833
(i) Evidence of at least high school graduation or 25,835
certification of high school equivalency by the state board of 25,836
education or the appropriate agency of another state; 25,837
(ii) Evidence of having completed at least two years of 25,839
training in an accredited college, university, or technical 25,840
college, including courses in child development or early 25,841
childhood education, or at least two years of experience in 25,842
supervising and giving daily care to children attending an 25,843
organized group program. 25,844
(b) In addition to the requirements of division (B)(4)(a) 25,846
of this section, any administrator employed or designated on or 25,847
after September 1, 1986, shall show evidence of, and any 25,848
administrator employed or designated prior to September 1, 1986, 25,849
shall show evidence within six years after such date of, at least 25,850
one of the following: 25,851
(i) Two years of experience working as a child-care staff 25,853
member in a center and at least four courses in child development 25,854
or early childhood education from an accredited college, 25,855
university, or technical college, except that a person who has 25,856
two years of experience working as a child-care staff member in a 25,857
particular center and who has been promoted to or designated as 25,858
administrator of that center shall have one year from the time 25,859
the person was promoted to or designated as administrator to 25,860
complete the required four courses; 25,861
(ii) Two years of training, including at least four 25,863
courses in child development or early childhood education from an 25,864
accredited college, university, or technical college; 25,865
581
(iii) A child development associate credential issued by 25,867
the national child development associate credentialing 25,868
commission; 25,869
(iv) An associate or higher degree in child development or 25,871
early childhood education from an accredited college, technical 25,872
college, or university, or a license designated for teaching in 25,873
an associate teaching position in a preschool setting issued by 25,874
the state board of education. 25,875
(5) All child-care staff members of a child day-care 25,877
center shall be at least eighteen years of age, and shall furnish 25,878
the director evidence of at least high school graduation or 25,879
certification of high school equivalency by the state board of 25,880
education or the appropriate agency of another state or evidence 25,881
of completion of a training program approved by the department of 25,882
human services or state board of education, except as follows: 25,883
(a) A child-care staff member may be less than eighteen 25,885
years of age if the staff member is either of the following: 25,886
(i) A graduate of a two-year vocational child-care 25,888
training program approved by the state board of education; 25,889
(ii) A student enrolled in the second year of a vocational 25,891
child-care training program approved by the state board of 25,892
education which leads to high school graduation, provided that 25,893
the student performs the student's duties in the child day-care 25,895
center under the continuous supervision of an experienced
child-care staff member, receives periodic supervision from the 25,896
vocational child-care training program teacher-coordinator in the 25,897
student's high school, and meets all other requirements of this 25,898
chapter and rules adopted pursuant to this chapter. 25,899
(b) A child-care staff member shall be exempt from the 25,901
educational requirements of this division if the staff member: 25,903
(i) Prior to January 1, 1972, was employed or designated 25,905
by a child day-care center and has been continuously employed 25,906
since either by the same child day-care center employer or at the 25,907
same child day-care center; or 25,908
582
(ii) Is a student enrolled in the second year of a 25,910
vocational child-care training program approved by the state 25,911
board of education which leads to high school graduation, 25,912
provided that the student performs the student's duties in the 25,914
child day-care center under the continuous supervision of an
experienced child-care staff member, receives periodic 25,915
supervision from the vocational child-care training program 25,916
teacher-coordinator in the student's high school, and meets all 25,918
other requirements of this chapter and rules adopted pursuant to 25,919
this chapter. 25,920
(6) Every child day-care staff member of a child day-care 25,922
center annually shall complete fifteen hours of inservice 25,923
training in child development or early childhood education, child 25,924
abuse recognition and prevention, first aid, and in prevention, 25,925
recognition, and management of communicable diseases, until a 25,926
total of forty-five hours of training has been completed, unless 25,927
the staff member furnishes one of the following to the director: 25,929
(a) Evidence of an associate or higher degree in child 25,931
development or early childhood education from an accredited 25,932
college, university, or technical college; 25,933
(b) A license designated for teaching in an associate 25,935
teaching position in a preschool setting issued by the state 25,936
board of education;
(c) Evidence of a child development associate credential; 25,938
(d) Evidence of a preprimary credential from the American 25,940
Montessori society or the association Montessori international. 25,941
For the purposes of division (B)(6) of this section, "hour" means 25,942
sixty minutes. 25,943
(7) The administrator of each child day-care center shall 25,945
prepare at least once annually and for each group of children at 25,946
the center a roster of names and telephone numbers of parents, 25,947
custodians, or guardians of each group of children attending the 25,948
center and upon request shall furnish the roster for each group 25,949
to the parents, custodians, or guardians of the children in that 25,950
583
group. The administrator may prepare a roster of names and 25,951
telephone numbers of all parents, custodians, or guardians of 25,952
children attending the center and upon request shall furnish the 25,953
roster to the parents, custodians, or guardians of the children 25,954
who attend the center. The administrator shall not include in 25,955
any roster the name or telephone number of any parent, custodian, 25,956
or guardian who requests the administrator not to include the 25,957
parent's, custodian's, or guardian's name or number and shall not 25,958
furnish any roster to any person other than a parent, custodian, 25,959
or guardian of a child who attends the center. 25,960
(C)(1) Each child day-care center shall have on the center 25,962
premises and readily available at all times at least one 25,963
child-care staff member who has completed a course in first aid 25,964
and in prevention, recognition, and management of communicable 25,965
diseases which is approved by the state department of health and 25,966
a staff member who has completed a course in child abuse 25,967
recognition and prevention training which is approved by the 25,968
department of human services. 25,969
(2) The administrator of each child day-care center shall 25,971
maintain enrollment, health, and attendance records for all 25,972
children attending the center and health and employment records 25,973
for all center employees. The records shall be confidential, 25,974
except as otherwise provided in division (B)(7) of this section 25,975
and except that they shall be disclosed by the administrator to 25,976
the director upon request for the purpose of administering and 25,977
enforcing this chapter and rules adopted pursuant to this 25,978
chapter. Neither the center nor the licensee, administrator, or 25,979
employees of the center shall be civilly or criminally liable in 25,980
damages or otherwise for records disclosed to the director by the 25,981
administrator pursuant to this division. It shall be a defense 25,982
to any civil or criminal charge based upon records disclosed by 25,983
the administrator to the director that the records were disclosed 25,984
pursuant to this division. 25,985
(3)(a) Any parent who is the residential parent and legal 25,987
584
custodian of a child enrolled in a child day-care center and any 25,988
custodian or guardian of such a child shall be permitted 25,989
unlimited access to the center during its hours of operation for 25,990
the purposes of contacting their children, evaluating the care 25,991
provided by the center, evaluating the premises of the center, or 25,992
for other purposes approved by the director. A parent of a child 25,993
enrolled in a child day-care center who is not the child's 25,994
residential parent shall be permitted unlimited access to the 25,995
center during its hours of operation for those purposes under the 25,996
same terms and conditions under which the residential parent of 25,997
that child is permitted access to the center for those purposes. 25,998
However, the access of the parent who is not the residential 25,999
parent is subject to any agreement between the parents and, to 26,000
the extent described in division (C)(3)(b) of this section, is 26,001
subject to any terms and conditions limiting the right of access 26,002
of the parent who is not the residential parent, as described in 26,003
division (I) of section 3109.051 of the Revised Code, that are 26,004
contained in a visitation PARENTING TIME order or decree issued 26,005
under that section, section 3109.11 or 3109.12 of the Revised 26,007
Code, or any other provision of the Revised Code. 26,008
(b) If a parent who is the residential parent of a child 26,010
has presented the administrator or the administrator's designee 26,012
with a copy of a visitation PARENTING TIME order that limits the 26,013
terms and conditions under which the parent who is not the 26,015
residential parent is to have access to the center, as described 26,016
in division (I) of section 3109.051 of the Revised Code, the 26,017
parent who is not the residential parent shall be provided access 26,018
to the center only to the extent authorized in the order. If the 26,019
residential parent has presented such an order, the parent who is 26,020
not the residential parent shall be permitted access to the 26,021
center only in accordance with the most recent order that has 26,022
been presented to the administrator or the administrator's 26,023
designee by the residential parent or the parent who is not the 26,024
residential parent.
585
(c) Upon entering the premises pursuant to division 26,026
(C)(3)(a) or (b) of this section, the parent who is the 26,027
residential parent and legal custodian, the parent who is not the 26,028
residential parent, or the custodian or guardian shall notify the 26,029
administrator or the administrator's designee of the parent's, 26,031
custodian's, or guardian's presence.
(D) The director of human services, in addition to the 26,033
rules adopted under division (A) of this section, shall adopt 26,034
rules establishing minimum requirements for child day-care 26,035
centers. The rules shall include, but not be limited to, the 26,036
requirements set forth in divisions (B) and (C) of this section. 26,037
Except as provided in section 5104.07 of the Revised Code, the 26,038
rules shall not change the square footage requirements of 26,039
division (B)(1) or (2) of this section; the maximum number of 26,040
children per child-care staff member and maximum group size 26,041
requirements of division (B)(3) of this section; the educational 26,042
and experience requirements of division (B)(4) of this section; 26,043
the age, educational, and experience requirements of division 26,044
(B)(5) of this section; the number of inservice training hours 26,045
required under division (B)(6) of this section; or the 26,046
requirement for at least annual preparation of a roster for each 26,047
group of children of names and telephone numbers of parents, 26,048
custodians, or guardians of each group of children attending the 26,049
center that must be furnished upon request to any parent, 26,050
custodian, or guardian of any child in that group required under 26,051
division (B)(7) of this section; however, the rules shall provide 26,052
procedures for determining compliance with those requirements. 26,053
(E)(1) When age groups are combined, the maximum number of 26,055
children per child-care staff member shall be determined by the 26,056
age of the youngest child in the group, except that when no more 26,057
than one child thirty months of age or older receives services in 26,058
a group in which all the other children are in the next older age 26,059
group, the maximum number of children per child-care staff member 26,060
and maximum group size requirements of the older age group 26,061
586
established under division (B)(3) of this section shall apply. 26,062
(2) The maximum number of toddlers or preschool children 26,065
per child-care staff member in a room where children are napping
shall be twice the maximum number of children per child-care 26,066
staff member established under division (B)(3) of this section if 26,067
all the following criteria are met: 26,068
(a) At least one child-care staff member is present in the 26,070
room. 26,071
(b) Sufficient child-care staff members are on the child 26,073
day-care center premises to meet the maximum number of children 26,074
per child-care staff member requirements established under 26,075
division (B)(3) of this section. 26,076
(c) Naptime preparations are complete and all napping 26,078
children are resting or sleeping on cots. 26,079
(d) The maximum number established under division (E)(2) 26,081
of this section is in effect for no more than one and one-half 26,082
hours during a twenty-four-hour day. 26,083
(F) The director of human services shall adopt rules 26,085
pursuant to Chapter 119. of the Revised Code governing the 26,086
operation of type A family day-care homes, including, but not 26,087
limited to, parent cooperative type A homes, part-time type A 26,088
homes, drop-in type A homes, and school child type A homes, which 26,089
shall reflect the various forms of child day-care and the needs 26,090
of children receiving child day-care. The rules shall include 26,091
the following: 26,092
(1) Submission of a site plan and descriptive plan of 26,094
operation to demonstrate how the type A home proposes to meet the 26,095
requirements of this chapter and rules adopted pursuant to this 26,098
chapter for the initial license application;
(2) Standards for ensuring that the physical surroundings 26,100
of the type A home are safe and sanitary, including, but not 26,101
limited to, the physical environment, the physical plant, and the 26,102
equipment of the type A home; 26,103
(3) Standards for the supervision, care, and discipline of 26,105
587
children receiving child day-care or publicly funded child 26,106
day-care in the type A home; 26,107
(4) Standards for a program of activities, and for play 26,109
equipment, materials, and supplies, to enhance the development of 26,110
each child; however, any educational curricula, philosophies, and 26,111
methodologies that are developmentally appropriate and that 26,112
enhance the social, emotional, intellectual, and physical 26,113
development of each child shall be permissible; 26,114
(5) Admissions policies and procedures, health care 26,116
policies and procedures, including, but not limited to, 26,117
procedures for the isolation of children with communicable 26,118
diseases, first aid and emergency procedures, procedures for 26,119
discipline and supervision of children, standards for the 26,120
provision of nutritious meals and snacks, and procedures for 26,121
screening children and employees, including, but not limited to, 26,122
any necessary physical examinations and immunizations; 26,123
(6) Methods for encouraging parental participation in the 26,125
type A home and methods for ensuring that the rights of children, 26,126
parents, and employees are protected and that the 26,127
responsibilities of parents and employees are met; 26,128
(7) Procedures for ensuring the safety and adequate 26,130
supervision of children traveling off the premises of the type A 26,131
home while under the care of a type A home employee; 26,132
(8) Procedures for record keeping, organization, and 26,134
administration; 26,135
(9) Procedures for issuing, renewing, denying, and 26,137
revoking a license that are not otherwise provided for in Chapter 26,138
119. of the Revised Code; 26,139
(10) Inspection procedures; 26,141
(11) Procedures and standards for setting initial and 26,143
renewal license application fees; 26,144
(12) Procedures for receiving, recording, and responding 26,146
to complaints about type A homes; 26,147
(13) Procedures for enforcing section 5104.04 of the 26,149
588
Revised Code; 26,150
(14) A standard requiring the inclusion, on or after July 26,152
1, 1987, of a current department of human services toll-free 26,153
telephone number on each type A home provisional license or 26,154
license which any person may use to report a suspected violation 26,155
by the type A home of this chapter or rules adopted pursuant this 26,158
chapter;
(15) Requirements for the training of administrators and 26,160
child-care staff members in first aid, in prevention, 26,161
recognition, and management of communicable diseases, and in 26,162
child abuse recognition and prevention; 26,163
(16) Procedures to be used by licensees for checking the 26,165
references of potential employees of type A homes and procedures 26,166
to be used by the director for checking the references of 26,167
applicants for licenses to operate type A homes; 26,168
(17) Standards providing for the special needs of children 26,170
who are handicapped or who require treatment for health 26,171
conditions while the child is receiving child day-care or 26,172
publicly funded child day-care in the type A home; 26,173
(18) Standards for the maximum number of children per 26,175
child-care staff member; 26,176
(19) Requirements for the amount of usable indoor floor 26,178
space for each child; 26,179
(20) Requirements for safe outdoor play space; 26,181
(21) Qualifications and training requirements for 26,183
administrators and for child-care staff members; 26,184
(22) Procedures for granting a parent who is the 26,186
residential parent and legal custodian, or a custodian or 26,187
guardian access to the type A home during its hours of operation; 26,188
(23) Standards for the preparation and distribution of a 26,190
roster of parents, custodians, and guardians; 26,191
(24) Any other procedures and standards necessary to carry 26,193
out this chapter. 26,194
(G) The director of human services shall adopt rules 26,196
589
pursuant to Chapter 119. of the Revised Code governing the 26,197
certification of type B family day-care homes. 26,198
(1) The rules shall include procedures, standards, and 26,201
other necessary provisions for granting limited certification to 26,202
type B family day-care homes that are operated by the following 26,203
adult providers:
(a) Persons who provide child day-care for eligible 26,206
children who are great-grandchildren, grandchildren, nieces, 26,207
nephews, or siblings of the provider or for eligible children 26,208
whose caretaker parent is a grandchild, child, niece, nephew, or 26,209
sibling of the provider;
(b) Persons who provide child day-care for eligible 26,211
children all of whom are the children of the same caretaker 26,212
parent.
The rules shall require, and shall include procedures for 26,215
the director to ensure, that type B family day-care homes that 26,216
receive a limited certification provide child day-care to 26,217
children in a safe and sanitary manner. With regard to providers 26,218
who apply for limited certification, a provider shall be granted 26,219
a provisional limited certification on signing a declaration 26,220
under oath attesting that the provider meets the standards for 26,221
limited certification. Such provisional limited certifications 26,222
shall remain in effect for no more than sixty calendar days and 26,223
shall entitle the provider to offer publicly funded child 26,224
day-care during the provisional period. Except as otherwise 26,225
provided in division (G)(1) of this section, prior to the 26,227
expiration of the provisional limited certificate, a county
department of human services shall inspect the home and shall 26,228
grant limited certification to the provider if the provider meets 26,230
the requirements of this division. Limited certificates remain
valid for two years unless earlier revoked. Except as otherwise 26,231
provided in division (G)(1) of this section, providers operating 26,232
under limited certification shall be inspected annually. 26,233
If a provider is a person described in division (G)(1)(a) 26,236
590
of this section or a person described in division (G)(1)(b) of 26,238
this section who is a friend of the caretaker parent, the
provider and the caretaker parent may verify in writing to the 26,239
county department of human services that minimum health and 26,240
safety requirements are being met in the home. If such 26,241
verification is provided, the county shall waive any inspection
and any criminal records check required by this chapter and grant 26,242
limited certification to the provider. 26,243
(2) The rules shall provide for safeguarding the health, 26,245
safety, and welfare of children receiving child day-care or 26,246
publicly funded child day-care in a certified type B home and 26,247
shall include the following: 26,248
(a) Standards for ensuring that the type B home and the 26,250
physical surroundings of the type B home are safe and sanitary, 26,251
including, but not limited to, physical environment, physical 26,252
plant, and equipment; 26,253
(b) Standards for the supervision, care, and discipline of 26,255
children receiving child day-care or publicly funded child 26,256
day-care in the home; 26,257
(c) Standards for a program of activities, and for play 26,259
equipment, materials, and supplies to enhance the development of 26,260
each child; however, any educational curricula, philosophies, and 26,261
methodologies that are developmentally appropriate and that 26,262
enhance the social, emotional, intellectual, and physical 26,263
development of each child shall be permissible; 26,264
(d) Admission policies and procedures, health care, first 26,266
aid and emergency procedures, procedures for the care of sick 26,267
children, procedures for discipline and supervision of children, 26,268
nutritional standards, and procedures for screening children and 26,269
authorized providers, including, but not limited to, any 26,270
necessary physical examinations and immunizations; 26,271
(e) Methods of encouraging parental participation and 26,273
ensuring that the rights of children, parents, and authorized 26,274
providers are protected and the responsibilities of parents and 26,275
591
authorized providers are met; 26,276
(f) Standards for the safe transport of children when 26,278
under the care of authorized providers; 26,279
(g) Procedures for issuing, renewing, denying, refusing to 26,281
renew, or revoking certificates; 26,282
(h) Procedures for the inspection of type B family 26,284
day-care homes that require, at a minimum, that each type B 26,285
family day-care home be inspected prior to certification to 26,286
ensure that the home is safe and sanitary; 26,287
(i) Procedures for record keeping and evaluation; 26,289
(j) Procedures for receiving, recording, and responding to 26,292
complaints;
(k) Standards providing for the special needs of children 26,294
who are handicapped or who receive treatment for health 26,295
conditions while the child is receiving child day-care or 26,296
publicly funded child day-care in the type B home; 26,297
(l) Requirements for the amount of usable indoor floor 26,299
space for each child; 26,300
(m) Requirements for safe outdoor play space; 26,302
(n) Qualification and training requirements for authorized 26,305
providers;
(o) Procedures for granting a parent who is the 26,307
residential parent and legal custodian, or a custodian or 26,308
guardian access to the type B home during its hours of operation; 26,309
(p) Any other procedures and standards necessary to carry 26,311
out this chapter. 26,312
(H) The director shall adopt rules pursuant to Chapter 26,315
119. of the Revised Code governing the certification of in-home 26,316
aides. The rules shall include procedures, standards, and other 26,317
necessary provisions for granting limited certification to 26,318
in-home aides who provide child day-care for eligible children
who are great-grandchildren, grandchildren, nieces, nephews, or 26,319
siblings of the in-home aide or for eligible children whose 26,320
caretaker parent is a grandchild, child, niece, nephew, or 26,321
592
sibling of the in-home aide. The rules shall require, and shall 26,322
include procedures for the director to ensure, that in-home aides 26,323
that receive a limited certification provide child day-care to 26,324
children in a safe and sanitary manner. The rules shall provide 26,325
for safeguarding the health, safety, and welfare of children 26,326
receiving publicly funded child day-care in their own home and 26,327
shall include the following: 26,328
(1) Standards for ensuring that the child's home and the 26,330
physical surroundings of the child's home are safe and sanitary, 26,331
including, but not limited to, physical environment, physical 26,332
plant, and equipment; 26,333
(2) Standards for the supervision, care, and discipline of 26,335
children receiving publicly funded child day-care in their own 26,336
home; 26,337
(3) Standards for a program of activities, and for play 26,339
equipment, materials, and supplies to enhance the development of 26,340
each child; however, any educational curricula, philosophies, and 26,341
methodologies that are developmentally appropriate and that 26,342
enhance the social, emotional, intellectual, and physical 26,343
development of each child shall be permissible; 26,344
(4) Health care, first aid, and emergency procedures, 26,346
procedures for the care of sick children, procedures for 26,347
discipline and supervision of children, nutritional standards, 26,348
and procedures for screening children and in-home aides, 26,349
including, but not limited to, any necessary physical 26,350
examinations and immunizations; 26,351
(5) Methods of encouraging parental participation and 26,353
ensuring that the rights of children, parents, and in-home aides 26,354
are protected and the responsibilities of parents and in-home 26,355
aides are met; 26,356
(6) Standards for the safe transport of children when 26,358
under the care of in-home aides; 26,359
(7) Procedures for issuing, renewing, denying, refusing to 26,361
renew, or revoking certificates; 26,362
593
(8) Procedures for inspection of homes of children 26,364
receiving publicly funded child day-care in their own homes; 26,365
(9) Procedures for record keeping and evaluation; 26,367
(10) Procedures for receiving, recording, and responding 26,369
to complaints; 26,370
(11) Qualifications and training requirements for in-home 26,372
aides; 26,373
(12) Standards providing for the special needs of children 26,375
who are handicapped or who receive treatment for health 26,376
conditions while the child is receiving publicly funded child 26,377
day-care in the child's own home; 26,378
(13) Any other procedures and standards necessary to carry 26,380
out this chapter. 26,381
(I) The director of human services shall send copies of 26,383
proposed rules to each licensee and each county director of human 26,384
services and shall give public notice of hearings regarding the 26,385
rules to each licensee and each county director of human services 26,386
at least thirty days prior to the date of the public hearing, in 26,387
accordance with section 119.03 of the Revised Code. Prior to the 26,388
effective date of a rule, the director of human services shall 26,389
provide copies of the adopted rule to each licensee and each 26,390
county director of human services. 26,391
The county director of human services shall send copies of 26,393
proposed rules to each authorized provider and in-home aide and 26,394
shall give public notice of hearings regarding the rules to each 26,395
authorized provider and in-home aide at least thirty days prior 26,396
to the date of the public hearing, in accordance with section 26,397
119.03 of the Revised Code. Prior to the effective date of a 26,398
rule, the county director of human services shall provide copies 26,399
of the adopted rule to each authorized provider and in-home aide. 26,400
Additional copies of proposed and adopted rules shall be 26,402
made available by the director of human services to the public on 26,403
request at no charge. 26,404
(J) The director of human services shall review all rules 26,406
594
adopted pursuant to this chapter at least once every seven years. 26,409
(K) Notwithstanding any provision of the Revised Code, the 26,411
director of human services shall not regulate in any way under 26,412
this chapter or rules adopted pursuant to this chapter, 26,414
instruction in religious or moral doctrines, beliefs, or values. 26,415
Sec. 5104.44. On receipt of a notice pursuant to section 26,425
2301.373 3123.43 of the Revised Code, the department of human 26,426
services shall comply with that section SECTIONS 3123.41 TO 26,429
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 26,431
license or certificate issued pursuant to this chapter.
Sec. 5107.20. As used in this section, "support" has the 26,440
same meaning as in section 3113.21 of the Revised Code. 26,441
Participation in Ohio works first constitutes an assignment 26,444
to the department of human services of any rights members of an 26,445
assistance group have to support from any other person, excluding 26,446
medical support assigned pursuant to section 5101.59 of the 26,447
Revised Code. The rights to support assigned to the department 26,448
pursuant to this section constitute an obligation of the person 26,449
who is responsible for providing the support to the state for the 26,450
amount of cash assistance provided to the assistance group. 26,452
The division OFFICE of child support in the department of 26,455
human services shall collect and distribute support payments owed 26,456
to Ohio works first participants, whether assigned to the 26,457
department or unassigned, in accordance with Title IV-D, federal 26,458
42 U.S.C. 654 B AND 657 AND regulations ADOPTED UNDER THOSE 26,459
STATUTES, state statutes, and rules adopted under section 5107.05 26,461
of the Revised Code.
In UPON IMPLEMENTATION OF CENTRALIZED COLLECTION AND 26,463
DISBURSEMENT UNDER CHAPTER 3121. OF THE REVISED CODE, IN 26,464
accordance with federal statutes 42 U.S.C. 654 B AND 657 and 26,466
regulations ADOPTED UNDER THOSE STATUTES, the department shall 26,467
deposit support payments it receives pursuant to this section 26,469
into the state treasury to the credit of the child support 26,470
595
collections fund or the child support administrative fund, both 26,471
of which are hereby created. Money credited to the funds shall 26,472
be used to make cash assistance payments under Ohio works first. 26,474
Sec. 5123.083. On receipt of a notice pursuant to section 26,483
2301.373 3123.43 of the Revised Code, the director of mental 26,485
retardation and developmental disabilities shall comply with that 26,486
section SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 26,487
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 26,488
CODE with respect to a certificate or evidence of registration 26,490
issued pursuant to this chapter.
Sec. 5126.251. On receipt of a notice pursuant to section 26,499
2301.373 3123.43 of the Revised Code, the director of mental 26,500
retardation and developmental disabilities shall comply with that 26,502
section SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 26,503
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 26,504
CODE with respect to a certificate or evidence of registration 26,506
issued pursuant to this chapter.
Sec. 5153.16. (A) Except as provided in section 2151.422 26,515
of the Revised Code, in accordance with rules of the department 26,516
of human services, and on behalf of children in the county whom 26,517
the public children services agency considers to be in need of 26,518
public care or protective services, the public children services 26,519
agency shall do all of the following: 26,520
(1) Make an investigation concerning any child alleged to 26,522
be an abused, neglected, or dependent child; 26,523
(2) Enter into agreements with the parent, guardian, or 26,525
other person having legal custody of any child, or with the 26,526
department of human services, department of mental health, 26,527
department of mental retardation and developmental disabilities, 26,528
other department, any certified organization within or outside 26,529
the county, or any agency or institution outside the state, 26,530
having legal custody of any child, with respect to the custody, 26,531
care, or placement of any child, or with respect to any matter, 26,533
in the interests of the child, provided the permanent custody of 26,534
596
a child shall not be transferred by a parent to the public 26,535
children services agency without the consent of the juvenile 26,536
court;
(3) Accept custody of children committed to the public 26,538
children services agency by a court exercising juvenile 26,540
jurisdiction;
(4) Provide such care as the public children services 26,543
agency considers to be in the best interests of any child 26,544
adjudicated to be an abused, neglected, or dependent child the 26,545
agency finds to be in need of public care or service; 26,546
(5) Provide social services to any unmarried girl 26,548
adjudicated to be an abused, neglected, or dependent child who is 26,550
pregnant with or has been delivered of a child; 26,551
(6) Make available to the bureau for children with medical 26,553
handicaps of the department of health at its request any 26,554
information concerning a crippled child found to be in need of 26,555
treatment under sections 3701.021 to 3701.028 of the Revised Code 26,556
who is receiving services from the public children services 26,558
agency;
(7) Provide temporary emergency care for any child 26,560
considered by the public children services agency to be in need 26,562
of such care, without agreement or commitment; 26,563
(8) Find family foster homes, within or outside the 26,565
county, for the care of children, including handicapped children 26,566
from other counties attending special schools in the county; 26,567
(9) Subject to the approval of the board of county 26,569
commissioners and the state department of human services, 26,570
establish and operate a training school or enter into an 26,571
agreement with any municipal corporation or other political 26,572
subdivision of the county respecting the operation, acquisition, 26,573
or maintenance of any children's home, training school, or other 26,574
institution for the care of children maintained by such municipal 26,575
corporation or political subdivision; 26,576
(10) Acquire and operate a county children's home, 26,578
597
establish, maintain, and operate a receiving home for the 26,579
temporary care of children, or procure family foster homes for 26,580
this purpose; 26,581
(11) Enter into an agreement with the trustees of any 26,583
district children's home, respecting the operation of the 26,584
district children's home in cooperation with the other county 26,585
boards in the district; 26,586
(12) Cooperate with, make its services available to, and 26,588
act as the agent of persons, courts, the department of human 26,589
services, the department of health, and other organizations 26,590
within and outside the state, in matters relating to the welfare 26,591
of children, except that the public children services agency 26,592
shall not be required to provide supervision of or other services 26,593
related to the exercise of PARENTING TIME RIGHTS GRANTED PURSUANT 26,594
TO SECTION 3109.051 OR 3109.12 OF THE REVISED CODE OR 26,595
companionship or visitation rights granted pursuant to section 26,596
3109.051, 3109.11, or 3109.12 of the Revised Code unless a 26,597
juvenile court, pursuant to Chapter 2151. of the Revised Code, or 26,599
a common pleas court, pursuant to division (E)(6) of section 26,600
3113.31 of the Revised Code, requires the provision of
supervision or other services related to the exercise of the 26,603
PARENTING TIME RIGHTS OR companionship or visitation rights; 26,604
(13) Make investigations at the request of any 26,606
superintendent of schools in the county or the principal of any 26,607
school concerning the application of any child adjudicated to be 26,608
an abused, neglected, or dependent child for release from school, 26,609
where such service is not provided through a school attendance 26,610
department;
(14) Administer funds provided under Title IV-E of the 26,612
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as 26,613
amended, in accordance with rules adopted by the state department 26,614
of human services under section 5101.141 of the Revised Code; 26,615
(15) In addition to administering Title IV-E adoption 26,617
assistance funds, enter into agreements to make adoption 26,618
598
assistance payments under section 5153.163 of the Revised Code; 26,619
(16) Implement a system of risk assessment, in accordance 26,621
with rules adopted by the state department of human services, to 26,622
assist the public children services agency in determining the 26,623
risk of abuse or neglect to a child; 26,624
(17) Enter into a plan of cooperation with the board of 26,626
county commissioners under section 307.983 of the Revised Code 26,627
and comply with the partnership agreement the board enters into 26,628
under section 307.98 of the Revised Code and contracts the board 26,629
enters into under sections 307.981 and 307.982 of the Revised 26,630
Code that affect the public children services agency; 26,631
(18) Make reasonable efforts to prevent the removal of an 26,633
alleged or adjudicated abused, neglected, or dependent child from 26,634
the child's home, eliminate the continued removal of the child 26,635
from the child's home, or make it possible for the child to 26,636
return home safely, except that reasonable efforts of that nature 26,637
are not required when a court has made a determination under 26,638
division (A)(2) of section 2151.419 of the Revised Code; 26,639
(19) Make reasonable efforts to place the child in a 26,641
timely manner in accordance with the permanency plan approved 26,642
under division (E) of section 2151.417 of the Revised Code and to 26,644
complete whatever steps are necessary to finalize the permanent 26,645
placement of the child. 26,646
(B) The public children services agency shall use the 26,648
system implemented pursuant to division (B)(16) of this section 26,649
in connection with an investigation undertaken pursuant to 26,650
division (F)(1) of section 2151.421 of the Revised Code and may 26,652
use the system at any other time the agency is involved with any
child when the agency determines that risk assessment is 26,653
necessary.
(C) Except as provided in section 2151.422 of the Revised 26,655
Code, in accordance with rules of the department of human 26,656
services, and on behalf of children in the county whom the public 26,657
children services agency considers to be in need of public care 26,658
599
or protective services, the public children services agency may 26,659
do the following:
(1) Provide or find, with other child serving systems, 26,662
treatment foster care for the care of children in a treatment 26,663
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 26,666
this section, contract with the following for the purpose of
assisting the agency with its duties: 26,667
(i) County departments of human services; 26,669
(ii) Boards of alcohol, drug addiction, and mental health 26,672
services;
(iii) County boards of mental retardation and 26,674
developmental disabilities; 26,675
(iv) Regional councils of political subdivisions 26,677
established under Chapter 167. of the Revised Code; 26,678
(v) Private and government providers of services; 26,680
(vi) Managed care organizations and prepaid health plans. 26,682
(b) A public children services agency contract under 26,685
division (C)(2)(a) of this section regarding the agency's duties
under section 2151.421 of the Revised Code may not provide for 26,686
the entity under contract with the agency to perform any service 26,687
not authorized by the department's rules. 26,688
(c) Only a county children services board appointed under 26,691
section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this 26,692
section. If an entity specified in division (B) or (C) of 26,693
section 5153.02 of the Revised Code is the public children 26,694
services agency for a county, the board of county commissioners 26,695
may enter into contracts pursuant to section 307.982 of the
Revised Code regarding the agency's duties. 26,696
Sec. 5505.04. (A) The general administration and 26,705
management of the state highway patrol retirement system and the 26,706
making effective of this chapter are hereby vested in the state 26,707
highway patrol retirement board. The board may sue and be sued, 26,708
600
plead and be impleaded, contract and be contracted with, and do 26,709
all things necessary to carry out this chapter. 26,710
The board shall consist of the auditor of state, the 26,712
superintendent of the state highway patrol, a retirant-member who 26,713
is a resident of this state, and four employee-members. 26,714
The board shall annually elect a chairperson and 26,716
vice-chairperson from among its members. The vice-chairperson 26,717
shall act as chairperson in the absence of the chairperson. A 26,718
majority of the members of the board shall constitute a quorum 26,719
and any action taken shall be approved by four or more of the 26,720
members. The board shall meet not less than once each year, upon 26,721
sufficient notice to the members. All meetings of the board 26,722
shall be open to the public except executive sessions as set 26,723
forth in division (G) of section 121.22 of the Revised Code, and 26,724
any portions of any sessions discussing medical records or the 26,725
degree of disability of a member excluded from public inspection 26,726
by this section.
(B) The attorney general shall prescribe procedures for 26,728
the adoption of rules authorized under this chapter, consistent 26,729
with the provision of section 111.15 of the Revised Code under 26,730
which all rules shall be filed in order to be effective. Such 26,731
procedures shall establish methods by which notice of proposed 26,732
rules are given to interested parties and rules adopted by the 26,733
board published and otherwise made available. When it files a 26,735
rule with the joint committee on agency rule review pursuant to 26,736
section 111.15 of the Revised Code, the board shall submit to the 26,738
Ohio retirement study council a copy of the full text of the 26,739
rule, and if applicable, a copy of the rule summary and fiscal 26,741
analysis required by division (B) of section 127.18 of the 26,742
Revised Code. 26,744
(C) The retirant-member of the board shall be elected for 26,746
a four-year term by a general election of service and disability 26,747
retirants conducted in a manner approved by the board. The term 26,748
of the initial retirant-member shall commence in August 1990. A 26,749
601
person who at the time of retirement is an employee-member of the 26,750
board is not eligible to become a retirant-member until three 26,751
years after such person's retirement date. Employee-members of 26,753
the board shall be elected for terms of four years by a general 26,754
election of contributing members conducted in a manner approved 26,755
by the board. The term of office of each employee-member shall 26,756
commence in August of the year in which such member is elected. 26,757
Any vacancy occurring in the term of the retirant-member or any 26,759
employee-member of the board shall be filled by an election 26,760
conducted in the same manner as other retirant-member and 26,761
employee-member elections. The retirant-member or 26,762
employee-member elected shall fill the unexpired term. 26,763
(D)(1) As used in this division, "personal history record" 26,765
means information maintained by the board on a member, former 26,766
member, retirant, or beneficiary that includes the address, 26,767
telephone number, social security number, record of 26,768
contributions, correspondence with the system, and other 26,769
information the board determines to be confidential. 26,770
(2) The records of the board shall be open to public 26,772
inspection, except for the following which shall be excluded: the 26,774
member's, former member's, retirant's, or beneficiary's personal 26,775
history record and the amount of a monthly allowance or benefit 26,776
paid to a retirant, beneficiary, or survivor, except with the 26,777
written authorization of the individual concerned. All medical 26,778
reports and recommendations are privileged except that copies of 26,779
such medical reports or recommendations shall be made available 26,780
to the individual's personal physician, attorney, or authorized 26,781
agent upon written release received from such individual or such 26,782
individual's agent, or when necessary for the proper 26,783
administration of the fund to the board-assigned physician. 26,784
(E) Notwithstanding the exceptions to public inspection in 26,786
division (D)(2) of this section, the board may furnish the 26,787
following information: 26,788
(1) If a member, former member, or retirant is subject to 26,790
602
an order issued under section 2907.15 of the Revised Code or is 26,791
convicted of or pleads guilty to a violation of section 2921.41 26,792
of the Revised Code, on written request of a prosecutor as 26,793
defined in section 2935.01 of the Revised Code, the board shall 26,794
furnish to the prosecutor the information requested from the 26,795
individual's personal history record. 26,796
(2) Pursuant to a court order issued under section 3113.21 26,798
CHAPTERS 3119., 3121., AND 3123. of the Revised Code, the board 26,800
shall furnish to a court or child support enforcement agency the 26,801
information required under that section THOSE CHAPTERS. 26,802
(3) At the written request of any nonprofit organization 26,804
or association providing services to retirement system members, 26,805
retirants, or beneficiaries, the board shall provide to the 26,806
organization or association a list of the names and addresses of 26,807
members, former members, retirants, or beneficiaries if the 26,808
organization or association agrees to use such information solely 26,809
in accordance with its stated purpose of providing services to 26,810
such individuals and not for the benefit of other persons, 26,811
organizations, or associations. The costs of compiling, copying, 26,812
and mailing the list shall be paid by such entity. 26,813
(4) Within fourteen days after receiving from the director 26,815
of human services a list of the names and social security numbers 26,816
of recipients of public assistance pursuant to section 5101.181 26,817
of the Revised Code, the board shall inform the auditor of state 26,818
of the name, current or most recent employer address, and social 26,819
security number of each member whose name and social security 26,820
number are the same as those of a person whose name or social 26,821
security number was submitted by the director. The board and its 26,822
employees, except for purposes of furnishing the auditor of state 26,823
with information required by this section, shall preserve the 26,824
confidentiality of recipients of public assistance in compliance 26,825
with division (A) of section 5101.181 of the Revised Code. 26,826
(F) A statement that contains information obtained from 26,828
the system's records that is certified and signed by an officer 26,829
603
of the retirement system and to which the system's official seal 26,830
is affixed, or copies of the system's records to which the 26,831
signature and seal are attached, shall be received as true copies 26,832
of the system's records in any court or before any officer of 26,833
this state. 26,834
Sec. 5505.22. The right of any person to a pension, or to 26,843
the return of accumulated contributions, payable as provided 26,844
under this chapter, and all moneys, investments of the state 26,845
highway patrol retirement system, and income therefrom, are 26,846
exempt from any state tax, except the tax imposed by section
5747.02 of the Revised Code, and are exempt from any county, 26,847
municipal, or other local tax, except taxes imposed pursuant to 26,848
section 5748.02 or 5748.08 of the Revised Code and, except as 26,850
provided in sections 3111.23, 3113.21 3119.80, 3119.81, 3121.02, 26,851
3121.03, 3123.06, and 5505.26 of the Revised Code, shall not be 26,853
subject to execution, garnishment, attachment, the operation of 26,854
bankruptcy or insolvency laws, or any other process of law 26,855
whatsoever, and shall be unassignable except as specifically
provided in this chapter. 26,856
Sec. 5703.21. (A) Except as provided in divisions (B), 26,865
(C), (D), (E), and (F) of this section, no agent of the 26,868
department of taxation, except in the agent's report to the 26,869
department or when called on to testify in any court or 26,870
proceeding, shall divulge any information acquired by the agent 26,871
as to the transactions, property, or business of any person while 26,872
acting or claiming to act under orders of the department. 26,873
Whoever violates this provision shall thereafter be disqualified 26,874
from acting as an officer or employee or in any other capacity 26,875
under appointment or employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 26,877
of the Revised Code, or an audit of the department pursuant to 26,878
Chapter 117. of the Revised Code, or an audit, pursuant to such 26,879
chapter, the objective of which is to express an opinion on a 26,880
financial report or statement prepared or issued pursuant to 26,881
604
division (G) or (I) of section 126.21 of the Revised Code, the 26,882
officers and employees of the auditor of state charged with 26,883
conducting the audit shall have access to and the right to 26,884
examine any state tax returns and state tax return information in 26,885
the possession of the department to the extent that such access 26,886
and examination are necessary for purposes of the audit. Any 26,887
information acquired as the result of such access and examination 26,888
shall not be divulged for any purpose other than as required for 26,889
such audit or unless the officers and employees are required to 26,890
testify in a court or proceeding under compulsion of legal 26,891
process. Whoever violates this provision shall thereafter be 26,892
disqualified from acting as an officer or employee or in any 26,893
other capacity under appointment or employment of the auditor of 26,894
state. 26,895
(2) As provided by section 6103(d)(2) of the Internal 26,897
Revenue Code, any federal tax returns or federal tax information 26,898
which the department has acquired from the internal revenue 26,899
service, through federal and state statutory authority, may be 26,900
disclosed to the auditor of state solely for purposes of an audit 26,901
of the department. 26,902
(C) Division (A) of this section does not prohibit 26,904
divulging information contained in applications, complaints, and 26,905
related documents filed with the department under section 5715.27 26,906
of the Revised Code, or in applications filed with the department 26,907
under section 5715.39 of the Revised Code. 26,908
(D) Division (A) of this section does not prohibit the 26,910
department of taxation providing information to the division 26,911
OFFICE of child support within the department of human services, 26,913
or a child support enforcement agency, pursuant to division 26,914
(G)(2) of section 5101.31 3125.43 of the Revised Code. 26,915
(E) Division (A) of this section does not prohibit the 26,918
disclosure to the board of motor vehicle collision repair 26,919
registration of any information in the possession of the 26,920
department that is necessary for the board to verify the 26,922
605
existence of an applicant's valid vendor's license and current 26,923
state tax identification number under section 4775.07 of the
Revised Code. 26,924
(F) Division (A) of this section does not prohibit the 26,926
department from providing information to the administrator of 26,927
workers' compensation pursuant to section 4123.591 of the Revised 26,928
Code.
Sec. 5747.121. (A) In accordance with section 5101.321 26,938
SECTIONS 3123.821 TO 3123.823 of the Revised Code, the tax 26,939
commissioner shall cooperate with the department of human 26,940
services in establishing and then implementing procedures for the 26,941
collection of overdue child support from refunds of paid state 26,942
income taxes under this chapter that are payable to obligors. 26,943
The tax commissioner shall deposit money collected from such 26,944
refunds into the child support intercept fund. 26,945
(B) At the request of the department of human services in 26,947
connection with the collection of overdue child support from a 26,948
refund of paid state income taxes pursuant to section 5101.321 26,950
SECTIONS 3123.821 TO 3123.823 of the Revised Code and division 26,951
(A) of this section, the tax commissioner shall release to the 26,952
department the home address and social security number of any 26,953
obligor whose overdue child support may be collected from a 26,954
refund of paid state income taxes pursuant to section 5101.321 26,955
SECTIONS 3123.821 TO 3123.823 of the Revised Code and division 26,957
(A) of this section. 26,958
(C) In the case of persons filing a joint income tax 26,960
return, the amount of the refund available for the collection of 26,961
overdue child support shall be based on the proportion of the 26,962
refund due to the obligor only. Any obligor's spouse who objects 26,963
to the amount of the refund to be used for the collection of 26,964
overdue child support may file a complaint with the tax 26,965
commissioner within twenty-one days after receiving notice of the 26,966
collection. The commissioner shall afford a complainant an 26,967
opportunity to be heard. The burden of proving an error by the 26,968
606
commissioner in determining the amount of a refund to be used for 26,969
the collection of overdue child support shall be on the 26,970
complainant. 26,971
(D) There is hereby created in the state treasury the 26,973
child support intercept fund, which shall consist of moneys paid 26,974
into it by the tax commissioner under division (A) of this 26,975
section. Moneys in the fund shall be disbursed pursuant to 26,976
vouchers approved by the director of human services for use by 26,977
the bureau of child support to meet the requirements of section 26,978
666 of Title IV-D of the "Social Security Act," 98 Stat. 1306 26,979
(1975), 42 U.S.C. 666, as amended, and any rules promulgated 26,980
under Title IV-D. Moneys appropriated from the fund are not 26,981
intended to replace other moneys appropriated for this purpose. 26,982
(E) As used in this section, "obligor" has the same 26,984
meaning as in division (D) of section 5101.321 3119.01 of the 26,986
Revised Code. 26,988
Sec. 5747.18. The tax commissioner shall enforce and 26,997
administer this chapter. In addition to any other powers 26,998
conferred upon the commissioner by law, the commissioner may: 26,999
(A) Prescribe all forms required to be filed pursuant to 27,001
this chapter; 27,002
(B) Adopt such rules as the commissioner finds necessary 27,004
to carry out this chapter; 27,005
(C) Appoint and employ such personnel as are necessary to 27,007
carry out the duties imposed upon the commissioner by this 27,008
chapter.
Any information gained as the result of returns, 27,010
investigations, hearings, or verifications required or authorized 27,011
by this chapter is confidential, and no person shall disclose 27,012
such information, except for official purposes, or as provided by 27,013
section 3125.43, 4123.591, 4507.023, or 5101.182, division (G)(2) 27,015
of section 5101.31 or division (B) of section 5703.21 of the 27,017
Revised Code, or in accordance with a proper judicial order. The 27,018
tax commissioner may furnish the internal revenue service with 27,019
607
copies of returns or reports filed and may furnish the officer of 27,020
a municipal corporation charged with the duty of enforcing a tax 27,021
subject to Chapter 718. of the Revised Code with the names, 27,022
addresses, and identification numbers of taxpayers who may be 27,023
subject to such tax. A municipal corporation shall use this 27,024
information for tax collection purposes only. This section does 27,025
not prohibit the publication of statistics in a form which does 27,026
not disclose information with respect to individual taxpayers. 27,027
Section 2. That existing sections 109.573, 145.27, 145.56, 27,029
145.75, 149.43, 169.03, 169.08, 329.04, 742.41, 742.47, 909.131, 27,031
917.24, 918.45, 919.21, 921.30, 926.102, 927.521, 943.19, 27,032
1321.05, 1321.84, 1322.101, 1347.08, 1349.01, 1533.82, 1541.42, 27,033
1547.544, 1561.52, 1565.25, 1905.201, 2151.23, 2151.231, 27,034
2151.232, 2151.33, 2151.36, 2151.49, 2301.03, 2301.354, 2301.356, 27,035
2301.358, 2301.371, 2301.375, 2301.39, 2301.99, 2317.02, 2329.66, 27,038
2705.02, 2705.031, 2716.01, 2919.22, 2919.231, 3103.03, 3103.031, 27,039
3105.18, 3105.21, 3105.63, 3105.65, 3107.01, 3107.06, 3107.064, 27,040
3109.04, 3109.05, 3109.051, 3109.052, 3109.12, 3109.19, 3109.21, 27,041
3109.27, 3109.28, 3111.01, 3111.02, 3111.03, 3111.04, 3111.06, 27,042
3111.07, 3111.08, 3111.09, 3111.10, 3111.11, 3111.111, 3111.12, 27,043
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, 27,044
3111.38, 3111.99, 3113.04, 3113.07, 3113.16, 3113.212, 3113.219, 27,046
3113.2110, 3113.31, 3113.99, 3115.01, 3115.14, 3115.16, 3115.31, 27,047
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, 27,048
3305.08, 3307.21, 3307.71, 3309.22, 3309.66, 3319.088, 3319.29, 27,049
3319.31, 3319.312, 3332.031, 3332.18, 3701.915, 3705.09, 27,050
3705.091, 3710.19, 3719.82, 3723.18, 3727.17, 3737.883, 3742.20, 27,051
3770.07, 3770.071, 3773.36, 3773.42, 3773.59, 3783.09, 3905.53, 27,052
3921.281, 3924.48, 3924.49, 3931.13, 3941.02, 3949.22, 3951.10, 27,053
3959.17, 4104.21, 4123.67, 4141.16, 4141.28, 4501.25, 4506.071, 27,054
4507.08, 4507.111, 4507.16, 4507.34, 4507.99, 4511.191, 4701.28, 27,055
4703.12, 4703.16, 4703.36, 4703.52, 4705.021, 4707.23, 4709.26, 27,056
608
4713.27, 4715.40, 4717.16, 4723.07, 4723.09, 4723.341, 4723.63, 27,057
4725.20, 4725.531, 4727.031, 4728.031, 4729.67, 4730.251, 27,058
4731.76, 4732.27, 4733.15, 4733.27, 4734.22, 4735.05, 4735.33, 27,059
4736.17, 4738.072, 4739.07, 4739.16, 4740.101, 4741.02, 4741.32, 27,060
4747.16, 4749.14, 4751.12, 4753.071, 4753.15, 4755.04, 4755.09, 27,061
4755.61, 4755.66, 4757.19, 4759.11, 4761.03, 4761.12, 4763.03, 27,062
4763.18, 4765.56, 5101.313, 5101.316, 5101.317, 5101.318, 27,064
5101.32, 5101.322, 5101.326, 5101.327, 5101.36, 5101.37, 5101.99, 27,065
5104.011, 5104.44, 5107.20, 5123.083, 5126.251, 5153.16, 5505.04, 27,067
5505.22, 5703.21, 5747.121, and 5747.18 and sections 2301.34, 27,068
2301.35, 2301.353, 2301.355, 2301.357, 2301.36, 2301.37, 27,069
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, 27,070
3111.22, 3111.23, 3111.231, 3111.24, 3111.241, 3111.242, 3111.25, 27,071
3111.26, 3111.27, 3111.28, 3113.21, 3113.211, 3113.213, 3113.214, 27,072
3113.215, 3113.216, 3113.217, 3113.218, 5101.31, 5101.311, 27,073
5101.312, 5101.314, 5101.315, 5101.319, 5101.321, 5101.323, 27,074
5101.324, and 5101.325 of the Revised Code are hereby repealed. 27,077
Section 3. Sections 1 and 2 of this act shall take effect 27,079
on the date that is six months after the effective date of this 27,080
act.
Section 4. Section 145.27 of the Revised Code is presented 27,082
in this act as a composite of the section as amended by both Am. 27,084
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 27,085
capital letters. Section 329.04 of the Revised Code is presented 27,086
in this act as a composite of the section as amended by both Am. 27,088
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 27,089
letters. Section 742.41 of the Revised Code is presented in this 27,090
act as a composite of the section as amended by both Am. Sub. 27,092
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 27,093
letters. Section 2329.66 of the Revised Code is presented in 27,094
609
this act as a composite of the section as amended by both Am. 27,096
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 27,097
capital letters. Section 3307.21 of the Revised Code is 27,098
presented in this act as a composite of the section as amended by 27,099
both Am. Sub. H.B. 627 and Am. Sub. H.B. 668 of the 121st General 27,100
Assembly, with the new language of neither of the acts shown in 27,101
capital letters. Section 3309.22 of the Revised Code is 27,102
presented in this act as a composite of the section as amended by 27,103
both Am. Sub. H.B. 627 and Am. Sub. H.B. 668 of the 121st General 27,104
Assembly, with the new language of neither of the acts shown in 27,105
capital letters. Section 4141.16 of the Revised Code is 27,106
presented in this act as a composite of the section as amended by 27,107
both Sub. H.B. 408 and Sub. H.B. 478 of the 122nd General 27,108
Assembly, with the new language of neither of the acts shown in 27,110
capital letters. Section 4141.28 of the Revised Code is 27,111
presented in this act as a composite of the section as amended by 27,112
both Sub. H.B. 408 and Sub. H.B. 478 of the 122nd General 27,113
Assembly, with the new language of neither of the acts shown in 27,115
capital letters. Section 4703.12 of the Revised Code is 27,116
presented in this act as a composite of the section as amended by 27,117
Am. Sub. H.B. 117, Sub. H.B. 167, and Sub. H.B. 231 of the 121st 27,118
General Assembly, with the new language of none of the acts shown 27,119
in capital letters. Section 4763.03 of the Revised Code is 27,120
presented in this act as a composite of the section as amended by 27,121
both Sub. H.B. 167 and Am. H.B. 304 of the 121st General 27,122
Assembly, with the new language of neither of the acts shown in 27,123
capital letters. This is in recognition of the principle stated 27,124
in division (B) of section 1.52 of the Revised Code that such 27,125
amendments are to be harmonized where not substantively 27,126
irreconcilable and constitutes a legislative finding that such is 27,127
the resulting version in effect prior to the effective date of 27,128
this act.