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.