As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 180 5
1999-2000 6
SENATORS KEARNS-SCHAFRATH-DRAKE-MUMPER-GARDNER 7
REPRESENTATIVES O'BRIEN-WILLAMOWSKI-WINKLER 9
_________________________________________________________________ 11
A B I L L
To amend sections 109.573, 145.27, 145.56, 148.09, 13
149.43, 169.03, 169.08, 329.04, 742.41, 742.47, 14
909.131, 917.24, 918.45, 919.21, 921.30, 926.102, 15
927.521, 943.19, 1321.05, 1321.84, 1322.101,
1347.08, 1349.01, 1533.82, 1541.42, 1547.544, 16
1561.52, 1565.25, 1905.201, 2151.23, 2151.231, 17
2151.232, 2151.33, 2151.36, 2151.49, 2301.03,
2301.356, 2301.358, 2301.371, 2301.375, 2301.39, 18
2301.99, 2317.02, 2329.66, 2705.02, 2705.031, 19
2716.01, 2919.22, 2919.231, 3103.03, 3103.031,
3105.18, 3105.21, 3105.63, 3105.65, 3107.01, 20
3107.06, 3107.064, 3107.15, 3109.04, 3109.05, 21
3109.051, 3109.052, 3109.11, 3109.12, 3109.19, 22
3109.21, 3109.27, 3109.28, 3111.01, 3111.02,
3111.03, 3111.04, 3111.06, 3111.07, 3111.08, 24
3111.09, 3111.10, 3111.11, 3111.111, 3111.12, 25
3111.13, 3111.15, 3111.16, 3111.17, 3111.221,
3111.29, 3111.30, 3111.31, 3111.34, 3111.35, 26
3111.36, 3111.37, 3111.38, 3111.99, 3113.04,
3113.07, 3113.16, 3113.212, 3113.219, 3113.2111, 27
3113.31, 3113.99, 3115.01, 3115.03, 3115.04, 28
3115.05, 3115.08, 3115.09, 3115.11, 3115.14,
3115.16, 3115.17, 3115.28, 3115.31, 3115.32, 29
3115.33, 3115.34, 3115.35, 3115.36, 3115.37, 30
3115.42, 3115.49, 3115.52, 3115.56, 3301.071, 31
3301.074, 3301.71, 3304.42, 3305.08, 3307.20, 32
2
3307.41, 3309.22, 3309.66, 3319.088, 3319.29,
3319.31, 3319.312, 3332.031, 3332.18, 3701.915, 33
3705.09, 3705.091, 3710.19, 3719.82, 3723.18, 34
3727.17, 3737.883, 3742.20, 3770.07, 3770.071, 35
3773.36, 3773.42, 3773.59, 3783.09, 3905.53,
3921.281, 3924.48, 3924.49, 3931.13, 3941.02, 36
3949.22, 3951.10, 3959.17, 4104.21, 4123.67, 37
4141.282, 4501.25, 4506.071, 4507.08, 4507.111,
4507.16, 4507.34, 4507.99, 4511.191, 4701.28, 38
4703.12, 4703.16, 4703.36, 4703.52, 4705.021, 39
4707.23, 4709.26, 4713.27, 4715.40, 4717.16, 40
4723.07, 4723.09, 4723.341, 4723.63, 4725.20,
4725.531, 4727.031, 4728.031, 4729.67, 4730.251, 41
4731.76, 4732.27, 4733.15, 4733.27, 4734.22, 42
4735.05, 4735.33, 4736.17, 4738.072, 4739.07,
4739.16, 4740.101, 4741.02, 4741.32, 4747.16, 43
4749.14, 4751.12, 4753.071, 4753.15, 4755.04, 44
4755.09, 4755.61, 4755.66, 4757.19, 4759.11, 45
4761.03, 4761.12, 4763.03, 4763.18, 4765.56,
5101.313, 5101.316, 5101.317, 5101.318, 5101.32, 47
5101.322, 5101.326, 5101.327, 5101.36, 5101.37,
5101.99, 5104.011, 5104.44, 5107.20, 5107.22, 48
5107.80, 5123.083, 5126.251, 5153.16, 5505.04, 50
5505.22, 5703.21, 5747.121, and 5747.18; to
amend, for the purpose of adopting new section 51
numbers as indicated in parentheses, sections 52
2301.354 (3125.17), 2301.356 (3111.61), 2301.358 53
(3111.53), 2301.371 (3121.07), 2301.375 54
(3123.62), 2301.39 (3123.16), 3111.221 (3111.58), 55
3111.29 (3111.19), 3111.30 (3111.88), 3111.31
(3111.89), 3111.32 (3111.90), 3111.33 (3111.91), 56
3111.34 (3111.92), 3111.35 (3111.93), 3111.36 57
(3111.94), 3111.37 (3111.95), 3111.38 (3111.96), 58
3113.16 (3121.08), 3113.212 (3121.14), 3113.219 59
3
(3123.17), 3113.2110 (3123.18), 3113.2111
(3119.962), 3701.915 (3748.121), 3921.281 61
(3921.331), 5101.313 (3111.69), 5101.316
(3121.92), 5101.317 (3125.38), 5101.318 62
(3121.91), 5101.32 (3123.81), 5101.322 (3125.07), 63
5101.326 (3123.85), and 5101.327 (3123.88); to 64
enact new sections 3111.20, 3111.21, 3111.22, 65
3111.23, 3111.24, 3111.25, 3111.26, 3111.27, 66
3111.28, 3111.29, 3111.30, 3111.31, 3111.32,
3111.33, 3111.34, 3111.35, and 3111.38 and 68
sections 3111.381, 3111.39, 3111.40, 3111.41,
3111.42, 3111.421, 3111.43, 3111.44, 3111.45, 69
3111.46, 3111.47, 3111.48, 3111.49, 3111.50, 70
3111.51, 3111.52, 3111.54, 3111.611, 3111.64,
3111.65, 3111.66, 3111.67, 3111.71, 3111.72, 71
3111.73, 3111.74, 3111.77, 3111.78, 3111.80, 72
3111.81, 3111.82, 3111.821, 3111.83, 3111.831, 73
3111.832, 3111.84, 3111.85, 3119.01, 3119.02,
3119.021, 3119.022, 3119.023, 3119.024, 3119.03, 74
3119.04, 3119.05, 3119.06, 3119.07, 3119.08, 75
3119.09, 3119.22, 3119.23, 3119.24, 3119.27, 76
3119.28, 3119.30, 3119.301, 3119.31, 3119.33, 77
3119.34, 3119.35, 3119.37, 3119.38, 3119.40, 78
3119.41, 3119.43, 3119.44, 3119.45, 3119.46,
3119.47, 3119.48, 3119.49, 3119.491, 3119.50, 79
3119.51, 3119.52, 3119.53, 3119.54, 3119.56, 80
3119.57, 3119.58, 3119.60, 3119.61, 3119.63, 81
3119.64, 3119.65, 3119.66, 3119.67, 3119.68,
3119.69, 3119.70, 3119.71, 3119.72, 3119.73, 82
3119.74, 3119.75, 3119.76, 3119.79, 3119.80, 83
3119.81, 3119.82, 3119.83, 3119.84, 3119.86,
3119.87, 3119.88, 3119.89, 3119.90, 3119.91, 84
3119.92, 3119.93, 3119.94, 3119.96, 3119.961, 86
3119.963, 3119.964, 3119.965, 3119.966, 3119.967,
4
3121.01, 3121.02, 3121.03, 3121.031, 3121.032, 87
3121.033, 3121.034, 3121.035, 3121.036, 3121.037, 88
3121.038, 3121.039, 3121.0310, 3121.04, 3121.05, 89
3121.06, 3121.09, 3121.091, 3121.11, 3121.12, 90
3121.15, 3121.16, 3121.18, 3121.19, 3121.20,
3121.21, 3121.23, 3121.24, 3121.25, 3121.27, 91
3121.28, 3121.29, 3121.30, 3121.33, 3121.34, 92
3121.35, 3121.36, 3121.37, 3121.371, 3121.372, 93
3121.38, 3121.381, 3121.39, 3121.43, 3121.44,
3121.45, 3121.46, 3121.47, 3121.48, 3121.49, 94
3121.50, 3121.51, 3121.52, 3121.53, 3121.54, 95
3121.56, 3121.57, 3121.58, 3121.59, 3121.60,
3121.63, 3121.64, 3121.65, 3121.67, 3121.69, 96
3121.71, 3121.74, 3121.75, 3121.76, 3121.77, 97
3121.78, 3121.81, 3121.82, 3121.83, 3121.84,
3121.85, 3121.86, 3121.89, 3121.891, 3121.892, 98
3121.893, 3121.894, 3121.895, 3121.896, 3121.897, 99
3121.898, 3121.899, 3121.8910, 3121.8911, 100
3121.99, 3123.01, 3123.02, 3123.03, 3123.031,
3123.04, 3123.05, 3123.06, 3123.061, 3123.062, 101
3123.07, 3123.071, 3123.10, 3123.11, 3123.12, 102
3123.121, 3123.13, 3123.14, 3123.15, 3123.19,
3123.20, 3123.21, 3123.22, 3123.24, 3123.25, 103
3123.26, 3123.27, 3123.28, 3123.29, 3123.30, 104
3123.31, 3123.32, 3123.33, 3123.34, 3123.35, 105
3123.36, 3123.37, 3123.38, 3123.41, 3123.42,
3123.43, 3123.44, 3123.45, 3123.46, 3123.47, 106
3123.471, 3123.48, 3123.49, 3123.50, 3123.52, 107
3123.53, 3123.54, 3123.55, 3123.56, 3123.57,
3123.58, 3123.581, 3123.59, 3123.60, 3123.61, 108
3123.611, 3123.612, 3123.613, 3123.614, 3123.63, 109
3123.66, 3123.67, 3123.68, 3123.69, 3123.70, 110
3123.71, 3123.72, 3123.73, 3123.74, 3123.741,
3123.75, 3123.76, 3123.77, 3123.78, 3123.82, 111
5
3123.821, 3123.822, 3123.823, 3123.87, 3123.91, 112
3123.92, 3123.921, 3123.93, 3123.931, 3123.932,
3123.95, 3123.951, 3123.952, 3123.953, 3123.954, 113
3123.955, 3123.956, 3123.957, 3123.958, 3123.959, 114
3123.9510, 3123.96, 3123.961, 3123.962, 3123.99, 115
3125.01, 3125.02, 3125.03, 3125.04, 3125.05, 116
3125.06, 3125.08, 3125.10, 3125.11, 3125.12,
3125.13, 3125.14, 3125.15, 3125.16, 3125.19, 117
3125.20, 3125.21, 3125.22, 3125.24, 3125.25, 118
3125.27, 3125.28, 3125.29, 3125.30, 3125.36,
3125.37, 3125.39, 3125.41, 3125.42, 3125.43, 119
3125.44, 3125.45, 3125.46, 3125.47, 3125.48, 120
3125.49, 3125.50, 3125.51, 3125.58, 3125.59, 121
3125.60, 3125.99, and 5747.123; and to repeal
sections 2301.34, 2301.35, 2301.353, 2301.355, 122
2301.357, 2301.36, 2301.37, 2301.372, 2301.373, 123
2301.374, 2301.38, 2301.40, 2301.41, 2301.43,
2301.44, 2301.45, 2301.46, 3111.19, 3111.20, 124
3111.21, 3111.211, 3111.22, 3111.23, 3111.231, 125
3111.24, 3111.241, 3111.242, 3111.25, 3111.26, 126
3111.27, 3111.28, 3113.21, 3113.211, 3113.213,
3113.214, 3113.215, 3113.216, 3113.217, 3113.218, 127
5101.31, 5101.311, 5101.312, 5101.314, 5101.315, 128
5101.319, 5101.321, 5101.323, 5101.324, and 129
5101.325 of the Revised Code to make changes to
the laws governing child support, to require that 130
a child's parents' wishes and concerns be 131
considered when determining whether to grant 132
companionship or visitation to a person other 133
than the parent, to maintain the right of the 134
parents and relatives of a deceased parent of a 135
child to visitation or companionship after a 136
stepparent adoption, and to amend the version of 137
section 5703.21 of the Revised Code that is 138
6
scheduled to take effect January 1, 2002, to
continue the provisions of this act on and after 139
that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 141
Section 1. That sections 109.573, 145.27, 145.56, 148.09, 143
149.43, 169.03, 169.08, 329.04, 742.41, 742.47, 909.131, 917.24, 144
918.45, 919.21, 921.30, 926.102, 927.521, 943.19, 1321.05, 145
1321.84, 1322.101, 1347.08, 1349.01, 1533.82, 1541.42, 1547.544, 146
1561.52, 1565.25, 1905.201, 2151.23, 2151.231, 2151.232, 2151.33, 147
2151.36, 2151.49, 2301.03, 2301.356, 2301.358, 2301.371, 148
2301.375, 2301.39, 2301.99, 2317.02, 2329.66, 2705.02, 2705.031, 149
2716.01, 2919.22, 2919.231, 3103.03, 3103.031, 3105.18, 3105.21, 150
3105.63, 3105.65, 3107.01, 3107.06, 3107.064, 3107.15, 3109.04, 151
3109.05, 3109.051, 3109.052, 3109.11, 3109.12, 3109.19, 3109.21, 152
3109.27, 3109.28, 3111.01, 3111.02, 3111.03, 3111.04, 3111.06, 154
3111.07, 3111.08, 3111.09, 3111.10, 3111.11, 3111.111, 3111.12, 155
3111.13, 3111.15, 3111.16, 3111.17, 3111.221, 3111.29, 3111.30,
3111.31, 3111.34, 3111.35, 3111.36, 3111.37, 3111.38, 3111.99, 156
3113.04, 3113.07, 3113.16, 3113.212, 3113.219, 3113.2111, 157
3113.31, 3113.99, 3115.01, 3115.03, 3115.04, 3115.05, 3115.08, 158
3115.09, 3115.11, 3115.14, 3115.16, 3115.17, 3115.28, 3115.31, 159
3115.32, 3115.33, 3115.34, 3115.35, 3115.36, 3115.37, 3115.42, 161
3115.49, 3115.52, 3115.56, 3301.071, 3301.074, 3301.71, 3304.42, 162
3305.08, 3307.20, 3307.41, 3309.22, 3309.66, 3319.088, 3319.29, 163
3319.31, 3319.312, 3332.031, 3332.18, 3701.915, 3705.09, 164
3705.091, 3710.19, 3719.82, 3723.18, 3727.17, 3737.883, 3742.20, 165
3770.07, 3770.071, 3773.36, 3773.42, 3773.59, 3783.09, 3905.53, 166
3921.281, 3924.48, 3924.49, 3931.13, 3941.02, 3949.22, 3951.10, 167
3959.17, 4104.21, 4123.67, 4141.282, 4501.25, 4506.071, 4507.08, 168
4507.111, 4507.16, 4507.34, 4507.99, 4511.191, 4701.28, 4703.12, 169
4703.16, 4703.36, 4703.52, 4705.021, 4707.23, 4709.26, 4713.27, 170
4715.40, 4717.16, 4723.07, 4723.09, 4723.341, 4723.63, 4725.20, 171
7
4725.531, 4727.031, 4728.031, 4729.67, 4730.251, 4731.76, 172
4732.27, 4733.15, 4733.27, 4734.22, 4735.05, 4735.33, 4736.17, 173
4738.072, 4739.07, 4739.16, 4740.101, 4741.02, 4741.32, 4747.16, 174
4749.14, 4751.12, 4753.071, 4753.15, 4755.04, 4755.09, 4755.61, 175
4755.66, 4757.19, 4759.11, 4761.03, 4761.12, 4763.03, 4763.18, 176
4765.56, 5101.313, 5101.316, 5101.317, 5101.318, 5101.32, 177
5101.322, 5101.326, 5101.327, 5101.36, 5101.37, 5101.99, 179
5104.011, 5104.44, 5107.20, 5107.22, 5107.80, 5123.083, 5126.251,
5153.16, 5505.04, 5505.22, 5703.21, 5747.121, and 5747.18 be 180
amended; sections 2301.354 (3125.17), 2301.356 (3111.61), 181
2301.358 (3111.53), 2301.371 (3121.07), 2301.375 (3123.62), 182
2301.39 (3123.16), 3111.221 (3111.58), 3111.29 (3111.19), 3111.30 183
(3111.88), 3111.31 (3111.89), 3111.32 (3111.90), 3111.33 184
(3111.91), 3111.34 (3111.92), 3111.35 (3111.93), 3111.36 185
(3111.94), 3111.37 (3111.95), 3111.38 (3111.96), 3113.16 186
(3121.08), 3113.212 (3121.14), 3113.219 (3123.17), 3113.2110 187
(3123.18), 3113.2111 (3119.962), 3701.915 (3748.121), 3921.281 188
(3921.331), 5101.313 (3111.69), 5101.316 (3121.92), 5101.317 189
(3125.38), 5101.318 (3121.91), 5101.32 (3123.81), 5101.322 190
(3125.07), 5101.326 (3123.85), and 5101.327 (3123.88) be amended 191
for the purpose of adopting new section numbers as indicated in 192
parentheses; and new sections 3111.20, 3111.21, 3111.22, 3111.23,
3111.24, 3111.25, 3111.26, 3111.27, 3111.28, 3111.29, 3111.30, 193
3111.31, 3111.32, 3111.33, 3111.34, 3111.35, and 3111.38, and 195
sections 3111.381, 3111.39, 3111.40, 3111.41, 3111.42, 3111.421, 196
3111.43, 3111.44, 3111.45, 3111.46, 3111.47, 3111.48, 3111.49, 197
3111.50, 3111.51, 3111.52, 3111.54, 3111.611, 3111.64, 3111.65, 198
3111.66, 3111.67, 3111.71, 3111.72, 3111.73, 3111.74, 3111.77, 199
3111.78, 3111.80, 3111.81, 3111.82, 3111.821, 3111.83, 3111.831, 200
3111.832, 3111.84, 3111.85, 3119.01, 3119.02, 3119.021, 3119.022, 201
3119.023, 3119.024, 3119.03, 3119.04, 3119.05, 3119.06, 3119.07, 202
3119.08, 3119.09, 3119.22, 3119.23, 3119.24, 3119.27, 3119.28, 203
3119.30, 3119.301, 3119.31, 3119.33, 3119.34, 3119.35, 3119.37, 204
3119.38, 3119.40, 3119.41, 3119.43, 3119.44, 3119.45, 3119.46, 205
8
3119.47, 3119.48, 3119.49, 3119.491, 3119.50, 3119.51, 3119.52, 206
3119.53, 3119.54, 3119.56, 3119.57, 3119.58, 3119.60, 3119.61, 207
3119.63, 3119.64, 3119.65, 3119.66, 3119.67, 3119.68, 3119.69, 208
3119.70, 3119.71, 3119.72, 3119.73, 3119.74, 3119.75, 3119.76, 209
3119.79, 3119.80, 3119.81, 3119.82, 3119.83, 3119.84, 3119.86, 210
3119.87, 3119.88, 3119.89, 3119.90, 3119.91, 3119.92, 3119.93, 211
3119.94, 3119.96, 3119.961, 3119.963, 3119.964, 3119.965, 212
3119.966, 3119.967, 3121.01, 3121.02, 3121.03, 3121.031, 213
3121.032, 3121.033, 3121.034, 3121.035, 3121.036, 3121.037, 214
3121.038, 3121.039, 3121.0310, 3121.04, 3121.05, 3121.06, 215
3121.09, 3121.091, 3121.11, 3121.12, 3121.15, 3121.16, 3121.18, 216
3121.19, 3121.20, 3121.21, 3121.23, 3121.24, 3121.25, 3121.27, 217
3121.28, 3121.29, 3121.30, 3121.33, 3121.34, 3121.35, 3121.36, 218
3121.37, 3121.371, 3121.372, 3121.38, 3121.381, 3121.39, 3121.43, 219
3121.44, 3121.45, 3121.46, 3121.47, 3121.48, 3121.49, 3121.50, 220
3121.51, 3121.52, 3121.53, 3121.54, 3121.56, 3121.57, 3121.58, 221
3121.59, 3121.60, 3121.63, 3121.64, 3121.65, 3121.67, 3121.69, 222
3121.71, 3121.74, 3121.75, 3121.76, 3121.77, 3121.78, 3121.81, 223
3121.82, 3121.83, 3121.84, 3121.85, 3121.86, 3121.89, 3121.891, 224
3121.892, 3121.893, 3121.894, 3121.895, 3121.896, 3121.897, 225
3121.898, 3121.899, 3121.8910, 3121.8911, 3121.99, 3123.01, 226
3123.02, 3123.03, 3123.031, 3123.04, 3123.05, 3123.06, 3123.061, 227
3123.062, 3123.07, 3123.071, 3123.10, 3123.11, 3123.12, 3123.121, 228
3123.13, 3123.14, 3123.15, 3123.19, 3123.20, 3123.21, 3123.22, 229
3123.24, 3123.25, 3123.26, 3123.27, 3123.28, 3123.29, 3123.30, 230
3123.31, 3123.32, 3123.33, 3123.34, 3123.35, 3123.36, 3123.37, 231
3123.38, 3123.41, 3123.42, 3123.43, 3123.44, 3123.45, 3123.46, 232
3123.47, 3123.471, 3123.48, 3123.49, 3123.50, 3123.52, 3123.53, 233
3123.54, 3123.55, 3123.56, 3123.57, 3123.58, 3123.581, 3123.59, 234
3123.60, 3123.61, 3123.611, 3123.612, 3123.613, 3123.614, 235
3123.63, 3123.66, 3123.67, 3123.68, 3123.69, 3123.70, 3123.71, 236
3123.72, 3123.73, 3123.74, 3123.741, 3123.75, 3123.76, 3123.77, 237
3123.78, 3123.82, 3123.821, 3123.822, 3123.823, 3123.87, 3123.91, 238
3123.92, 3123.921, 3123.93, 3123.931, 3123.932, 3123.95, 239
9
3123.951, 3123.952, 3123.953, 3123.954, 3123.955, 3123.956, 240
3123.957, 3123.958, 3123.959, 3123.9510, 3123.96, 3123.961, 241
3123.962, 3123.99, 3125.01, 3125.02, 3125.03, 3125.04, 3125.05, 242
3125.06, 3125.08, 3125.10, 3125.11, 3125.12, 3125.13, 3125.14, 243
3125.15, 3125.16, 3125.19, 3125.20, 3125.21, 3125.22, 3125.24, 244
3125.25, 3125.27, 3125.28, 3125.29, 3125.30, 3125.36, 3125.37, 245
3125.39, 3125.41, 3125.42, 3125.43, 3125.44, 3125.45, 3125.46, 246
3125.47, 3125.48, 3125.49, 3125.50, 3125.51, 3125.58, 3125.59, 247
3125.60, 3125.99, and 5147.123 of the Revised Code be enacted to 248
read as follows:
Sec. 109.573. (A) As used in this section: 257
(1) "DNA" means human deoxyribonucleic acid. 259
(2) "DNA analysis" means a laboratory analysis of a DNA 261
specimen to identify DNA characteristics and to create a DNA 263
record.
(3) "DNA database" means a collection of DNA records from 266
forensic casework or from crime scenes, specimens from anonymous
and unidentified sources, and records collected pursuant to 268
sections 2151.315 and 2901.07 of the Revised Code and a 269
population statistics database for determining the frequency of 270
occurrence of characteristics in DNA records. 271
(4) "DNA record" means the objective result of a DNA 273
analysis of a DNA specimen, including representations of DNA 275
fragment lengths, digital images of autoradiographs, discrete
allele assignment numbers, and other DNA specimen characteristics 276
that aid in establishing the identity of an individual. 277
(5) "DNA specimen" includes human blood cells or 279
physiological tissues or body fluids. 280
(6) "Unidentified person database" means a collection of 282
DNA records, and, on and after the effective date of this 283
amendment MAY 21, 1998, of fingerprint and photograph records, of 285
unidentified human corpses, human remains, or living individuals.
(7) "Relatives of missing persons database" means a 287
collection of DNA records of persons related by consanguinity of 289
10
the first degree to a missing person. 290
(8) "Law enforcement agency" means a police department, 292
the office of a sheriff, the state highway patrol, a county 293
prosecuting attorney, or a federal, state, or local governmental 294
body that enforces criminal laws and that has employees who have 295
a statutory power of arrest. 296
(B)(1) The superintendent of the bureau of criminal 298
identification and investigation may do all of the following: 299
(a) Establish and maintain a state DNA laboratory to 302
perform DNA analysis of DNA specimens; 303
(b) Establish and maintain a DNA database; 306
(c) Establish and maintain an unidentified person database 309
to aid in the establishment of the identity of unknown human
corpses, human remains, or living individuals; 310
(d) Establish and maintain a relatives of missing persons 313
database for comparison with the unidentified person database to 314
aid in the establishment of the identity of unknown human 315
corpses, human remains, and living individuals.
(2) If the bureau of criminal identification and 317
investigation establishes and maintains a DNA laboratory and a 318
DNA database, the bureau may use or disclose information 319
regarding DNA records for the following purposes: 320
(a) The bureau may disclose information to a law 322
enforcement agency for purposes of identification. 323
(b) The bureau shall disclose pursuant to a court order 326
issued under section 3111.09 of the Revised Code any information
necessary to determine the existence of a parent and child 328
relationship in an action brought under sections 3111.01 to
3111.19 3111.18 of the Revised Code. 330
(c) The bureau may use or disclose information from the 333
population statistics database, for identification research and 334
protocol development, or for quality control purposes.
(3) If the bureau of criminal identification and 336
investigation establishes and maintains a relatives of missing 337
11
persons database, all of the following apply: 338
(a) If a person has disappeared and has been continuously 341
absent from the person's place of last domicile for a thirty-day 342
or longer period of time without being heard from during the
period, persons related by consanguinity of the first degree to 344
the missing person may submit to the bureau a DNA specimen, the 345
bureau may include the DNA record of the specimen in the 347
relatives of missing persons database, and, if the bureau does 348
not include the DNA record of the specimen in the relatives of 349
missing persons database, the bureau shall retain the DNA record 350
for future reference and inclusion as appropriate in that 351
database.
(b) The bureau shall not charge a fee for the submission 354
of a DNA specimen pursuant to division (B)(3)(a) of this section. 356
(c) A physician, registered nurse, licensed practical 358
nurse, duly licensed clinical laboratory technician, or other 359
qualified medical practitioner shall conduct the collection 360
procedure for the DNA specimen submitted pursuant to division 361
(B)(3)(a) of this section and shall collect the DNA specimen in a 363
medically approved manner. No later than fifteen days after the 364
date of the collection of the DNA specimen, the person conducting 366
the DNA specimen collection procedure shall cause the DNA 368
specimen to be forwarded to the bureau of criminal identification 370
and investigation in accordance with procedures established by 371
the superintendent of the bureau under division (H) of this 372
section. The bureau may provide the specimen vials, mailing 373
tubes, labels, postage, and instruction needed for the collection 374
and forwarding of the DNA specimen to the bureau. 376
(d) The superintendent, in the superintendent's 378
discretion, may compare DNA records in the relatives of missing 380
persons database with the DNA records in the unidentified person 381
database.
(4) If the bureau of criminal identification and 383
investigation establishes and maintains an unidentified person 384
12
database and if the superintendent of the bureau identifies a 386
matching DNA record for the DNA record of a person or deceased 387
person whose DNA record is contained in the unidentified person 389
database, the superintendent shall inform the coroner who 390
submitted or the law enforcement agency that submitted the DNA 391
specimen to the bureau of the match and, if possible, of the 392
identity of the unidentified person.
(5) The bureau of criminal identification and 394
investigation may enter into a contract with a qualified public 395
or private laboratory to perform DNA analyses, DNA specimen 396
maintenance, preservation, and storage, DNA record keeping, and 397
other duties required of the bureau under this section. A public 398
or private laboratory under contract with the bureau shall follow 399
quality assurance and privacy requirements established by the 400
superintendent of the bureau.
(C) The superintendent of the bureau of criminal 402
identification and investigation shall establish procedures for 403
entering into the DNA database the DNA records submitted pursuant 405
to sections 2151.315 and 2901.07 of the Revised Code and for 406
determining an order of priority for entry of the DNA records 408
based on the types of offenses committed by the persons whose 409
records are submitted and the available resources of the bureau.
(D) When a DNA record is derived from a DNA specimen 412
provided pursuant to section 2151.315 or 2901.07 of the Revised
Code, the bureau of criminal identification and investigation 414
shall attach to the DNA record personal identification 415
information that identifies the person from whom the DNA specimen 416
was taken. The personal identification information may include 417
the subject person's fingerprints and any other information the 418
bureau determines necessary. The DNA record and personal 419
identification information attached to it shall be used only for 420
the purpose of personal identification or for a purpose specified
in this section. 421
(E) DNA records, DNA specimens, fingerprints, and 424
13
photographs that the bureau of criminal identification and 425
investigation receives pursuant to this section and sections 426
313.08, 2151.315, and 2901.07 of the Revised Code and personal 428
identification information attached to a DNA record are not 429
public records under section 149.43 of the Revised Code. 430
(F) The bureau of criminal identification and 432
investigation may charge a reasonable fee for providing 433
information pursuant to this section to any law enforcement 434
agency located in another state. 435
(G)(1) No person who because of the person's employment or 437
official position has access to a DNA specimen, a DNA record, or 438
other information contained in the DNA database that identifies 439
an individual shall knowingly disclose that specimen, record, or 440
information to any person or agency not entitled to receive it or 441
otherwise shall misuse that specimen, record, or information. 442
(2) No person without authorization or privilege to obtain 444
information contained in the DNA database that identifies an 445
individual person shall purposely obtain that information. 447
(H) The superintendent of the bureau of criminal 449
identification and investigation shall establish procedures for 450
all of the following: 451
(1) The forwarding to the bureau of DNA specimens 453
collected pursuant to division (H) of this section and sections 454
313.08., 2151.315, and 2901.07 of the Revised Code and of 456
fingerprints and photographs collected pursuant to section 313.08 457
of the Revised Code;
(2) The collection, maintenance, preservation, and 459
analysis of DNA specimens; 460
(3) The creation, maintenance, and operation of the DNA 462
database; 463
(4) The use and dissemination of information from the DNA 465
database; 466
(5) The creation, maintenance, and operation of the 468
unidentified person database; 469
14
(6) The use and dissemination of information from the 471
unidentified person database; 472
(7) The creation, maintenance, and operation of the 474
relatives of missing persons database; 475
(8) The use and dissemination of information from the 477
relatives of missing persons database; 478
(9) The verification of entities requesting DNA records 480
and other DNA information from the bureau and the authority of 481
the entity to receive the information; 482
(10) The operation of the bureau and responsibilities of 484
employees of the bureau with respect to the activities described 485
in this section. 486
Sec. 145.27. (A)(1) As used in this division, "personal 495
history record" means information maintained by the public 496
employees retirement board on a member, former member, 498
contributor, former contributor, retirant, or beneficiary that 499
includes the address, telephone number, social security number, 500
record of contributions, correspondence with the public employees
retirement system, or other information the board determines to 502
be confidential.
(2) The records of the board shall be open to public 504
inspection, except for the following, which shall be excluded, 505
except with the written authorization of the individual 506
concerned: 507
(a) The individual's statement of previous service and 509
other information as provided for in section 145.16 of the 510
Revised Code; 511
(b) The amount of a monthly allowance or benefit paid to 513
the individual; 514
(c) The individual's personal history record. 516
(B) All medical reports and recommendations required by 518
this chapter are privileged, except that copies of such medical 521
reports or recommendations shall be made available to the 522
personal physician, attorney, or authorized agent of the 523
15
individual concerned upon written release from the individual or 524
the individual's agent, or when necessary for the proper 525
administration of the fund, to the board assigned physician. 526
(C) Any person who is a member or contributor of the 528
system shall be furnished with a statement of the amount to the 529
credit of the individual's account upon written request. The 531
board is not required to answer more than one such request of a 532
person in any one year. The board may issue annual statements of 533
accounts to members and contributors. 534
(D) Notwithstanding the exceptions to public inspection in 536
division (A)(2) of this section, the board may furnish the 537
following information: 538
(1) If a member, former member, contributor, former 540
contributor, or retirant is subject to an order issued under 541
section 2907.15 of the Revised Code or is convicted of or pleads 542
guilty to a violation of section 2921.41 of the Revised Code, on 543
written request of a prosecutor as defined in section 2935.01 of 544
the Revised Code, the board shall furnish to the prosecutor the 545
information requested from the individual's personal history 546
record. 547
(2) Pursuant to a court or administrative order issued 549
under section 3111.23 PURSUANT TO CHAPTER 3119., 3121., 3123., or 552
3113.21 3125. of the Revised Code, the board shall furnish to a 554
court or child support enforcement agency the information 555
required under that section.
(3) At the written request of any person, the board shall 557
provide to the person a list of the names and addresses of 558
members, former members, contributors, former contributors, 559
retirants, or beneficiaries. The costs of compiling, copying, 560
and mailing the list shall be paid by such person. 561
(4) Within fourteen days after receiving from the director 563
of job and family services a list of the names and social 564
security numbers of recipients of public assistance pursuant to 566
section 5101.181 of the Revised Code, the board shall inform the 567
16
auditor of state of the name, current or most recent employer 568
address, and social security number of each member whose name and 569
social security number are the same as that of a person whose 570
name or social security number was submitted by the director. 571
The board and its employees shall, except for purposes of 572
furnishing the auditor of state with information required by this 573
section, preserve the confidentiality of recipients of public 574
assistance in compliance with division (A) of section 5101.181 of 575
the Revised Code.
(E) A statement that contains information obtained from 577
the system's records that is signed by the executive director of 578
the retirement system and to which the system's official seal is 579
affixed, or copies of the system's records to which the signature 580
and seal are attached, shall be received as true copies of the 581
system's records in any court or before any officer of this 582
state. 583
Sec. 145.56. The right of a person to a pension, an 592
annuity, or a retirement allowance itself, any optional benefit, 593
any other right accrued or accruing to any person, under this 594
chapter, or of any municipal retirement system established 595
subject to this chapter, under the laws of this state or any 597
charter, the various funds created by this chapter, or under such 598
municipal retirement system, and all moneys and investments and 599
income thereof, are exempt from any state tax, except the tax 600
imposed by section 5747.02 of the Revised Code and are exempt 602
from any county, municipal, or other local tax, except taxes 603
imposed pursuant to section 5748.02 or 5748.08 of the Revised 604
Code and, except as provided in sections SECTION 145.57, 3111.23, 606
and 3113.21 CHAPTERS 3119., 3121., 3123., AND 3125. of the 610
Revised Code, shall not be subject to execution, garnishment,
attachment, the operation of bankruptcy or the insolvency laws, 611
or other process of law, and shall be unassignable except as 612
specifically provided in this chapter and sections 3111.23 and 613
3113.21 CHAPTERS 3119., 3121., 3123., AND 3125. of the Revised 616
17
Code.
Sec. 148.09. Except as provided in sections 3105.171, AND 625
3105.63, and 3113.21 CHAPTERS 3119., 3121., 3123., AND 3125. of 627
the Revised Code and this chapter, a participant account or any 628
benefit or other right accrued or accruing to any person under 629
this chapter or under a deferred compensation program offered by 631
a government unit, as defined in section 148.06 of the Revised 633
Code, or by a municipal corporation shall not be subject to 634
execution, garnishment, attachment, sale to satisfy a judgment or 635
order, the operation of bankruptcy or insolvency laws, or other 636
process of law and shall be unassignable.
Sec. 149.43. (A) As used in this section: 648
(1) "Public record" means any record that is kept by any 650
public office, including, but not limited to, state, county, 651
city, village, township, and school district units, except that 653
"public record" does not mean any of the following:
(a) Medical records; 655
(b) Records pertaining to probation and parole 657
proceedings;
(c) Records pertaining to actions under section 2151.85 659
and division (C) of section 2919.121 of the Revised Code and to 661
appeals of actions arising under those sections; 662
(d) Records pertaining to adoption proceedings, including 664
the contents of an adoption file maintained by the department of 665
health under section 3705.12 of the Revised Code; 666
(e) Information in a record contained in the putative 668
father registry established by section 3107.062 of the Revised 669
Code, regardless of whether the information is held by the 670
department of job and family services or, pursuant to section 672
5101.313 3111.69 of the Revised Code, the division OFFICE of 673
child support in the department or a child support enforcement 674
agency;
(f) Records listed in division (A) of section 3107.42 of 676
the Revised Code or specified in division (A) of section 3107.52 677
18
of the Revised Code;
(g) Trial preparation records; 679
(h) Confidential law enforcement investigatory records; 681
(i) Records containing information that is confidential 683
under section 2317.023 or 4112.05 of the Revised Code; 684
(j) DNA records stored in the DNA database pursuant to 687
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 689
rehabilitation and correction to the department of youth services 691
or a court of record pursuant to division (E) of section 5120.21 692
of the Revised Code;
(l) Records maintained by the department of youth services 694
pertaining to children in its custody released by the department 695
of youth services to the department of rehabilitation and 696
correction pursuant to section 5139.05 of the Revised Code; 697
(m) Intellectual property records; 699
(n) Donor profile records; 701
(o) Records maintained by the department of job and family 704
services pursuant to section 5101.312 3121.894 of the Revised 705
Code;
(p) Peace officer residential and familial information; 707
(q) In the case of a county hospital operated pursuant to 710
Chapter 339. of the Revised Code, information that constitutes a 711
trade secret, as defined in section 1333.61 of the Revised Code; 712
(r) Information pertaining to the recreational activities 714
of a person under the age of eighteen; 715
(s) Records provided to, statements made by review board 717
members during meetings of, and all work products of a child 719
fatality review board acting under sections 307.621 to 307.629 of 720
the Revised Code, other than the report prepared pursuant to 722
section 307.626 of the Revised Code; 723
(s)(t) Records provided to and statements made by the 725
executive director of a public children services agency or a 727
prosecuting attorney acting pursuant to section 5153.171 of the 729
19
Revised Code other than the information released under that 731
section;
(t)(u) Test materials, examinations, or evaluation tools 733
used in an examination for licensure as a nursing home 735
administrator that the board of examiners of nursing home 736
administrators administers under section 4751.04 of the Revised 737
Code or contracts under that section with a private or government 738
entity to administer;
(s)(v) Records the release of which is prohibited by state 740
or federal law. 741
(2) "Confidential law enforcement investigatory record" 743
means any record that pertains to a law enforcement matter of a 744
criminal, quasi-criminal, civil, or administrative nature, but 745
only to the extent that the release of the record would create a 746
high probability of disclosure of any of the following: 747
(a) The identity of a suspect who has not been charged 749
with the offense to which the record pertains, or of an 750
information source or witness to whom confidentiality has been 751
reasonably promised; 752
(b) Information provided by an information source or 754
witness to whom confidentiality has been reasonably promised, 755
which information would reasonably tend to disclose the source's 756
or witness's identity; 757
(c) Specific confidential investigatory techniques or 759
procedures or specific investigatory work product; 760
(d) Information that would endanger the life or physical 762
safety of law enforcement personnel, a crime victim, a witness, 763
or a confidential information source. 764
(3) "Medical record" means any document or combination of 766
documents, except births, deaths, and the fact of admission to or 767
discharge from a hospital, that pertains to the medical history, 768
diagnosis, prognosis, or medical condition of a patient and that 769
is generated and maintained in the process of medical treatment. 770
(4) "Trial preparation record" means any record that 772
20
contains information that is specifically compiled in reasonable 773
anticipation of, or in defense of, a civil or criminal action or 774
proceeding, including the independent thought processes and 775
personal trial preparation of an attorney. 776
(5) "Intellectual property record" means a record, other 779
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 780
higher learning in the conduct of or as a result of study or 781
research on an educational, commercial, scientific, artistic, 782
technical, or scholarly issue, regardless of whether the study or 783
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 785
been publicly released, published, or patented. 786
(6) "Donor profile record" means all records about donors 788
or potential donors to a public institution of higher education 789
except the names and reported addresses of the actual donors and 790
the date, amount, and conditions of the actual donation. 791
(7) "Peace officer residential and familial information" 793
means either of the following: 794
(a) Any information maintained in a personnel record of a 796
peace officer that discloses any of the following: 797
(i) The address of the actual personal residence of a 799
peace officer, except for the state or political subdivision in 800
which the peace officer resides; 801
(ii) Information compiled from referral to or 803
participation in an employee assistance program; 804
(iii) The social security number, the residential 806
telephone number, any bank account, debit card, charge card, or 807
credit card number, or the emergency telephone number of, or any 808
medical information pertaining to, a peace officer; 809
(iv) The name of any beneficiary of employment benefits, 811
including, but not limited to, life insurance benefits, provided 813
to a peace officer by the peace officer's employer; 814
(v) The identity and amount of any charitable or 816
21
employment benefit deduction made by the peace officer's employer 817
from the peace officer's compensation unless the amount of the 818
deduction is required by state or federal law; 819
(vi) The name, the residential address, the name of the 821
employer, the address of the employer, the social security 822
number, the residential telephone number, any bank account, debit 823
card, charge card, or credit card number, or the emergency 824
telephone number of the spouse, a former spouse, or any child of 825
a peace officer.
(b) Any record that identifies a person's occupation as a 827
peace officer other than statements required to include the 828
disclosure of that fact under the campaign finance law. 830
As used in divisions (A)(7) and (B)(5) of this section, 832
"peace officer" has the same meaning as in section 109.71 of the 834
Revised Code and also includes the superintendent and troopers of 835
the state highway patrol; it does not include the sheriff of a 837
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority 838
of, and perform the duties of the sheriff. 839
(8) "Information pertaining to the recreational activities 841
of a person under the age of eighteen" means information that is 843
kept in the ordinary course of business by a public office, that 844
pertains to the recreational activities of a person under the age
of eighteen years, and that discloses any of the following: 846
(a) The address or telephone number of a person under the 848
age of eighteen or the address or telephone number of that 849
person's parent, guardian, custodian, or emergency contact 850
person;
(b) The social security number, birth date, or 852
photographic image of a person under the age of eighteen; 853
(c) Any medical record, history, or information pertaining 855
to a person under the age of eighteen; 856
(d) Any additional information sought or required about a 858
person under the age of eighteen for the purpose of allowing that 859
22
person to participate in any recreational activity conducted or 860
sponsored by a public office or to use or obtain admission 862
privileges to any recreational facility owned or operated by a 863
public office.
(B)(1) Subject to division (B)(4) of this section, all 865
public records shall be promptly prepared and made available for 867
inspection to any person at all reasonable times during regular 868
business hours. Subject to division (B)(4) of this section, upon 869
request, a public office or person responsible for public records 870
shall make copies available at cost, within a reasonable period 871
of time. In order to facilitate broader access to public 872
records, public offices shall maintain public records in a manner 873
that they can be made available for inspection in accordance with 874
this division.
(2) If any person chooses to obtain a copy of a public 876
record in accordance with division (B)(1) of this section, the 878
public office or person responsible for the public record shall
permit that person to choose to have the public record duplicated 880
upon paper, upon the same medium upon which the public office or 881
person responsible for the public record keeps it, or upon any 883
other medium upon which the public office or person responsible
for the public record determines that it reasonably can be 885
duplicated as an integral part of the normal operations of the 886
public office or person responsible for the public record. When 887
the person seeking the copy makes a choice under this division, 888
the public office or person responsible for the public record 889
shall provide a copy of it in accordance with the choice made by 891
the person seeking the copy.
(3) Upon a request made in accordance with division (B)(1) 893
of this section, a public office or person responsible for public 894
records shall transmit a copy of a public record to any person by 895
United States mail within a reasonable period of time after 896
receiving the request for the copy. The public office or person 898
responsible for the public record may require the person making 899
23
the request to pay in advance the cost of postage and other 900
supplies used in the mailing. 901
Any public office may adopt a policy and procedures that it 904
will follow in transmitting, within a reasonable period of time 905
after receiving a request, copies of public records by United 907
States mail pursuant to this division. A public office that 909
adopts a policy and procedures under this division shall comply 910
with them in performing its duties under this division. 911
In any policy and procedures adopted under this division, a 913
public office may limit the number of records requested by a 914
person that the office will transmit by United States mail to ten 915
per month, unless the person certifies to the office in writing 916
that the person does not intend to use or forward the requested 917
records, or the information contained in them, for commercial 919
purposes. For purposes of this division, "commercial" shall be 920
narrowly construed and does not include reporting or gathering
news, reporting or gathering information to assist citizen 921
oversight or understanding of the operation or activities of 922
government, or nonprofit educational research. 923
(4) A public office or person responsible for public 925
records is not required to permit a person who is incarcerated 926
pursuant to a criminal conviction or a juvenile adjudication to 927
inspect or to obtain a copy of any public record concerning a 928
criminal investigation or prosecution or concerning what would be 929
a criminal investigation or prosecution if the subject of the 930
investigation or prosecution were an adult, unless the request to 931
inspect or to obtain a copy of the record is for the purpose of 932
acquiring information that is subject to release as a public 933
record under this section and the judge who imposed the sentence 934
or made the adjudication with respect to the person, or the 935
judge's successor in office, finds that the information sought in 936
the public record is necessary to support what appears to be a 937
justiciable claim of the person. 938
(5) Upon written request made and signed by a journalist 940
24
on or after December 16, 1999, a public office, or person 943
responsible for public records, having custody of the records of 944
the agency employing a specified peace officer shall disclose to 945
the journalist the address of the actual personal residence of 946
the peace officer and, if the peace officer's spouse, former 947
spouse, or child is employed by a public office, the name and 948
address of the employer of the peace officer's spouse, former 949
spouse, or child. The request shall include the journalist's 950
name and title and the name and address of the journalist's 951
employer and shall state that disclosure of the information 952
sought would be in the public interest. 953
As used in division (B)(5) of this section, "journalist" 955
means a person engaged in, connected with, or employed by any 956
news medium, including a newspaper, magazine, press association, 957
news agency, or wire service, a radio or television station, or a 958
similar medium, for the purpose of gathering, processing, 959
transmitting, compiling, editing, or disseminating information 960
for the general public. 961
(C) If a person allegedly is aggrieved by the failure of a 963
public office to promptly prepare a public record and to make it 965
available to the person for inspection in accordance with
division (B) of this section, or if a person who has requested a 967
copy of a public record allegedly is aggrieved by the failure of 968
a public office or the person responsible for the public record 970
to make a copy available to the person allegedly aggrieved in 971
accordance with division (B) of this section, the person 972
allegedly aggrieved may commence a mandamus action to obtain a 973
judgment that orders the public office or the person responsible 974
for the public record to comply with division (B) of this section 975
and that awards reasonable attorney's fees to the person that 976
instituted the mandamus action. The mandamus action may be 977
commenced in the court of common pleas of the county in which 978
division (B) of this section allegedly was not complied with, in 979
the supreme court pursuant to its original jurisdiction under 980
25
Section 2 of Article IV, Ohio Constitution, or in the court of 981
appeals for the appellate district in which division (B) of this 982
section allegedly was not complied with pursuant to its original 983
jurisdiction under Section 3 of Article IV, Ohio Constitution. 984
(D) Chapter 1347. of the Revised Code does not limit the 986
provisions of this section. 987
(E)(1) The bureau of motor vehicles may adopt rules 989
pursuant to Chapter 119. of the Revised Code to reasonably limit 991
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 992
calendar year. The rules may include provisions for charges to 993
be made for bulk commercial special extraction requests for the 995
actual cost of the bureau, plus special extraction costs, plus 996
ten per cent. The bureau may charge for expenses for redacting 997
information, the release of which is prohibited by law. 998
(2) As used in divisions (B)(3) and (E)(1) of this 1,000
section:
(a) "Actual cost" means the cost of depleted supplies, 1,002
records storage media costs, actual mailing and alternative 1,003
delivery costs, or other transmitting costs, and any direct 1,004
equipment operating and maintenance costs, including actual costs 1,005
paid to private contractors for copying services. 1,006
(b) "Bulk commercial special extraction request" means a 1,008
request for copies of a record for information in a format other 1,009
than the format already available, or information that cannot be 1,010
extracted without examination of all items in a records series, 1,011
class of records, or data base by a person who intends to use or 1,012
forward the copies for surveys, marketing, solicitation, or 1,013
resale for commercial purposes. "Bulk commercial special 1,014
extraction request" does not include a request by a person who 1,015
gives assurance to the bureau that the person making the request 1,016
does not intend to use or forward the requested copies for 1,017
surveys, marketing, solicitation, or resale for commercial 1,018
purposes.
26
(c) "Commercial" means profit-seeking production, buying, 1,020
or selling of any good, service, or other product. 1,021
(d) "Special extraction costs" means the cost of the time 1,023
spent by the lowest paid employee competent to perform the task, 1,024
the actual amount paid to outside private contractors employed by 1,025
the bureau, or the actual cost incurred to create computer 1,026
programs to make the special extraction. "Special extraction 1,027
costs" include any charges paid to a public agency for computer
or records services. 1,028
(3) For purposes of divisions (E)(1) and (2) of this 1,031
section, "commercial surveys, marketing, solicitation, or resale" 1,032
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 1,034
citizen oversight or understanding of the operation or activities 1,035
of government, or nonprofit educational research. 1,036
Sec. 169.03. (A)(1) Every holder of unclaimed funds and, 1,045
when requested, every person which could be the holder of 1,046
unclaimed funds, under this chapter shall report to the director 1,047
of commerce with respect to the unclaimed funds as provided in 1,048
this section. The report shall be verified. 1,049
(2) With respect to items of unclaimed funds each having a 1,051
value of fifty dollars or more, the report required under 1,052
division (A)(1) of this section shall include: 1,054
(a) The full name, if known, and last known address, if 1,056
any, of each person appearing from the records of the holder to 1,057
be the owner of unclaimed funds under this chapter; 1,058
(b) In the case of unclaimed funds reported by holders 1,060
providing life insurance coverage, the full name of the insured 1,061
or annuitant and beneficiary, if any, and their last known 1,062
addresses according to such holder's records; 1,063
(c) The nature and identifying number, if any, or 1,065
description of the funds and the amount appearing from the 1,066
records to be due; 1,067
(d) The date when the funds became payable, demandable, or 1,069
27
returnable and the date of the last transaction with the owner 1,070
with respect to the funds; 1,071
(e) Subject to division (I) of this section, the social 1,073
security number of the owner of the unclaimed funds, if it is 1,074
available;
(f) Other information which the director prescribes as 1,076
necessary for the administration of this chapter. 1,077
(3) With respect to items of unclaimed funds each having a 1,079
value of less than fifty dollars, the report required under 1,080
division (A)(1) of this section shall include: 1,081
(a) Each category of items of unclaimed funds as described 1,083
in section 169.02 of the Revised Code; 1,084
(b) The number of items of unclaimed funds within each 1,086
category; 1,087
(c) The aggregated value of the items of unclaimed funds 1,089
within each category. 1,090
(B) If the holder of unclaimed funds is a successor to 1,092
other organizations that previously held the funds for the owner, 1,093
or if the holder has changed its name while holding the funds, it 1,094
shall file with the report all prior known names and addresses 1,095
and date and state of incorporation or formation of each holder 1,096
of the funds. 1,097
(C) The report shall be filed before the first day of 1,099
November of each year as of the preceding thirtieth day of June, 1,100
but the report of holders providing life insurance coverage shall 1,101
be filed before the first day of May of each year as of the 1,102
preceding thirty-first day of December. The director may 1,103
postpone, for good cause shown, the reporting date upon written 1,104
request by any holder required to file a report. 1,105
(D) The holder of unclaimed funds under this chapter shall 1,107
send notice to each owner of each item of unclaimed funds having 1,108
a value of fifty dollars or more at the last known address of the 1,111
owner as shown by the records of the holder before filing the 1,112
annual report. In case of holders providing life insurance
28
coverage, such notice shall also be mailed to each beneficiary at 1,113
the last known address of such beneficiary as shown by the 1,114
records of such holder, except that such notice to beneficiaries 1,115
shall not be mailed if such address is the same as that of the 1,116
insured and the surname of the beneficiary is the same as that of 1,117
the insured. The holder shall not report an item of unclaimed 1,118
funds earlier than the thirtieth day after the mailing of notice 1,119
required by this division. 1,120
Such notice shall set forth the nature and identifying 1,122
number, if any, or description of the funds and the amount 1,123
appearing on the records of the holder to be due the owner, and 1,124
shall inform the owner that the funds will, thirty days after the 1,125
mailing of such notice, be reported as unclaimed funds under this 1,126
chapter. A self-addressed, stamped envelope shall be included 1,127
with the notice, with instructions that the owner may use such 1,128
envelope to inform the holder of the owner's continued interest 1,130
in the funds and, if so informed before the date for making the 1,131
report to the director, the holder shall not report said funds to 1,132
the director. The notice shall be mailed by first class mail. 1,133
If there is no address of record for the owner or other person 1,134
entitled to the unclaimed funds, the holder is relieved of any 1,135
responsibility of sending notice, attempting to notify, or 1,136
notifying the owner. The mailing of notice pursuant to this 1,137
section shall discharge the holder from any further 1,138
responsibility to give notice. 1,139
(E) Verification of the report and of the mailing of 1,141
notice, where required, shall be executed by an officer of the 1,142
reporting holder. 1,143
(F)(1) The director may at reasonable times and upon 1,145
reasonable notice examine or cause to be examined, by auditors of 1,146
supervisory departments or divisions of the state, the records of 1,147
any holder to determine compliance with this chapter. 1,148
(2) Holders shall retain records, designated by the 1,150
director as applicable to unclaimed funds, for five years beyond 1,151
29
the relevant time period provided in section 169.02 of the 1,153
Revised Code, or until completion of an audit conducted pursuant 1,154
to division (F) of this section, whichever occurs first. An 1,155
audit conducted pursuant to division (F) of this section shall 1,156
not require a holder to make records available for a period of
time exceeding the records retention period set forth in division 1,158
(F) of this section, except for records pertaining to instruments 1,159
evidencing ownership, or rights to them or funds paid toward the 1,160
purchase of them, or any dividend, capital credit, profit, 1,161
distribution, interest, or payment on principal or other sum, 1,162
held or owed by a holder, including funds deposited with a fiscal 1,163
agent or fiduciary for payment of them, or pertaining to debt of 1,164
a publicly traded corporation. Any holder that is audited 1,165
pursuant to division (F) of this section shall only be required 1,166
to make available those records that are relevant to an unclaimed 1,167
funds audit of that holder as prescribed by the director. 1,168
(3) The director may enter into contracts, pursuant to 1,170
procedures prescribed by the director, with persons for the sole 1,171
purpose of examining the records of holders, determining 1,172
compliance with this chapter, and collecting, taking possession 1,173
of, and remitting to the department's division of unclaimed 1,174
funds, in a timely manner, the amounts found and defined as 1,175
unclaimed. The director shall not enter into such a contract 1,177
with a person unless the person does all of the following: 1,178
(a) Agrees to maintain the confidentiality of the records 1,180
examined, as required under division (F)(4) of this section; 1,181
(b) Agrees to conduct the audit in accordance with rules 1,183
adopted under section 169.09 of the Revised Code; 1,184
(c) Obtains a corporate surety bond issued by a bonding 1,186
company or insurance company authorized to do business in this 1,187
state. The bond shall be in favor of the director and in the 1,188
penal sum determined by the director. The bond shall be for the 1,189
benefit of any holder of unclaimed funds that is audited by the 1,190
principal and is injured by the principal's failure to comply
30
with division (F)(3)(a) or (b) of this section. 1,191
(4) Records audited pursuant to division (F) of this 1,194
section are confidential, and shall not be disclosed except as 1,195
required by section 169.06 of the Revised Code or as the director 1,196
considers necessary in the proper administration of this chapter. 1,197
(5) If a person with whom the director has entered into a 1,200
contract pursuant to division (F)(3) of this section intends to 1,201
conduct, in conjunction with an unclaimed funds audit under this 1,202
section, an unclaimed funds audit for the purpose of 1,203
administering another state's unclaimed or abandoned property 1,204
laws, the person, prior to commencing the audit, shall provide 1,205
written notice to the director of the person's intent to conduct 1,206
such an audit, along with documentation evidencing the person's 1,207
express authorization from the other state to conduct the audit
on behalf of that state. 1,208
(6) Prior to the commencement of an audit conducted 1,210
pursuant to division (F) of this section, the director shall 1,211
notify the holder of unclaimed funds of the director's intent to 1,212
audit the holder's records. If the audit will be conducted in 1,213
conjunction with an audit for one or more other states, the 1,214
director shall provide the holder with the name or names of those 1,215
states.
(7) Any holder of unclaimed funds may appeal the findings 1,217
of an audit conducted pursuant to division (F) of this section to 1,218
the director. Pursuant to the authority granted by section 1,219
169.09 of the Revised Code, the director shall adopt rules 1,220
establishing procedures for considering such an appeal. 1,221
(G) All holders shall make sufficient investigation of 1,223
their records to ensure that the funds reported to the director 1,224
are unclaimed as set forth in division (B) of section 169.01 and 1,225
section 169.02 of the Revised Code. 1,226
(H) The expiration of any period of limitations on or 1,228
after March 1, 1968, within which a person entitled to any 1,229
moneys, rights to moneys, or intangible property could have 1,230
31
commenced an action or proceeding to obtain the same shall not 1,231
prevent such items from becoming unclaimed funds or relieve the 1,232
holder thereof of any duty to report and give notice as provided 1,233
in this section and deliver the same in the manner provided in 1,234
section 169.05 of the Revised Code, provided that the holder may 1,235
comply with the provisions of this section and section 169.05 of 1,236
the Revised Code with respect to any moneys, rights to moneys, or 1,237
intangible property as to which the applicable statute of 1,238
limitations has run prior to March 1, 1968, and in such event the 1,239
holder shall be entitled to the protective provisions of section 1,240
169.07 of the Revised Code. 1,241
(I) No social security number contained in a report made 1,243
pursuant to this section shall be used by the department of 1,244
commerce for any purpose other than to enable the division of 1,245
unclaimed funds to carry out the purposes of this chapter and for 1,246
child support purposes in response to a request made by the 1,247
division OFFICE of child support in the department of job and 1,248
family services made pursuant to section 5101.327 3123.88 of the 1,249
Revised Code.
Sec. 169.08. (A) Any person claiming a property interest 1,258
in unclaimed funds delivered or reported to the state under 1,259
Chapter 169. of the Revised Code, including the division OFFICE 1,260
of child support in the department of job and family services, 1,262
pursuant to section 5101.327 3123.88 of the Revised Code, may 1,264
file a claim thereto on the form prescribed by the director of 1,265
commerce.
(B) The director shall consider matters relevant to any 1,267
claim filed under division (A) of this section and shall hold a 1,268
formal hearing if requested or considered necessary and receive 1,269
evidence concerning such claim. A finding and decision in 1,270
writing on each claim filed shall be prepared, stating the 1,271
substance of any evidence received or heard and the reasons for 1,272
allowance or disallowance of the claim. The evidence and 1,273
decision shall be a public record. No statute of limitations 1,274
32
shall bar the allowance of a claim. 1,275
(C) For the purpose of conducting any hearing, the 1,277
director may require the attendance of such witnesses and the 1,278
production of such books, records, and papers as the director 1,279
desires, and the director may take the depositions of witnesses 1,281
residing within or without this state in the same manner as is 1,283
prescribed by law for the taking of depositions in civil actions 1,284
in the court of common pleas, and for that purpose the director 1,285
may issue a subpoena for any witness or a subpoena duces tecum to 1,286
compel the production of any books, records, or papers, directed 1,287
to the sheriff of the county where such witness resides or is 1,288
found, which shall be served and returned. The fees and mileage 1,289
of the sheriff and witnesses shall be the same as that allowed in 1,290
the court of common pleas in criminal cases. Fees and mileage 1,291
shall be paid from the unclaimed funds trust fund. 1,292
(D) Interest is not payable to claimants of unclaimed 1,294
funds held by the state. Claims shall be paid from the trust 1,295
fund. If the amount available in the trust fund is not 1,296
sufficient to pay pending claims, or other amounts disbursable 1,297
from the trust fund, the treasurer of state shall certify such 1,298
fact to the director, who shall then withdraw such amount of 1,299
funds from the mortgage accounts as the director determines 1,300
necessary to reestablish the trust fund to a level required to 1,302
pay anticipated claims but not more than ten per cent of the net 1,303
unclaimed funds reported to date. 1,304
The director shall retain in the trust fund, as a fee for 1,306
administering the funds, five per cent of the total amount of 1,307
unclaimed funds payable to the claimant and may withdraw the 1,308
funds paid to the director by the holders and deposited by the 1,309
director with the treasurer of state or in a financial 1,310
institution as agent for such funds. Whenever these funds are 1,311
inadequate to meet the requirements for the trust fund, the 1,312
director shall provide for a withdrawal of funds, within a 1,314
reasonable time, in such amount as is necessary to meet the 1,315
33
requirements, from financial institutions in which such funds 1,316
were retained or placed by a holder and from other holders who 1,317
have retained funds, in an equitable manner as prescribed by the 1,318
director. In the event that the amount to be withdrawn from any 1,320
one such holder is less than five hundred dollars, the amount to 1,321
be withdrawn shall be at the discretion of the director. Such 1,322
funds may be reimbursed in the amounts withdrawn when the trust 1,323
fund has a surplus over the amount required to pay anticipated 1,324
claims. Whenever the trust fund has a surplus over the amount 1,325
required to pay anticipated claims, the director may transfer 1,326
such surplus to the mortgage accounts. 1,327
(E) If a claim which is allowed under this section relates 1,329
to funds which have been retained by the reporting holder, and if 1,330
the funds, on deposit with the treasurer of state pursuant to 1,331
this chapter, are insufficient to pay claims, the director may 1,332
notify such holder in writing of the payment of the claim and 1,333
such holder shall immediately reimburse the state in the amount 1,334
of such claim. The reimbursement shall be credited to the 1,335
unclaimed funds trust fund. 1,336
(F) Any person, including the division OFFICE of child 1,338
support, adversely affected by a decision of the director may 1,340
appeal such decision in the manner provided in Chapter 119. of 1,341
the Revised Code.
In the event the claimant prevails, the claimant shall be 1,343
reimbursed for reasonable attorney's fees and costs. 1,345
(G) Notwithstanding anything to the contrary in this 1,347
chapter, any holder who has paid moneys to or entered into an 1,348
agreement with the director pursuant to section 169.05 of the 1,349
Revised Code on certified checks, cashiers' checks, bills of 1,350
exchange, letters of credit, drafts, money orders, or travelers' 1,351
checks, may make payment to any person entitled thereto, 1,352
including the division OFFICE of child support, and upon 1,353
surrender of the document, except in the case of travelers' 1,354
checks, and proof of such payment, the director shall reimburse 1,355
34
the holder for such payment without interest. 1,356
Sec. 329.04. (A) The county department of job and family 1,365
services shall have, exercise, and perform the following powers 1,367
and duties:
(1) Perform any duties assigned by the state department of 1,370
job and family services regarding the provision of public family 1,371
services, including the provision of the following services to 1,373
prevent or reduce economic or personal dependency and to 1,374
strengthen family life:
(a) Services authorized by Title IV-A of the "Social 1,376
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 1,378
and known in this state as the Ohio works first program 1,379
established by Chapter 5107. of the Revised Code and the 1,380
prevention, retention, and contingency program established under 1,381
Chapter 5108. of the Revised Code;
(b) Social services authorized by Title XX of the "Social 1,384
Security Act" and provided for by section 5101.46 of the Revised
Code;
(c) If the county department is designated as the child 1,386
support enforcement agency, services authorized by Title IV-D of 1,387
the "Social Security Act" and provided for by sections 2301.34 to 1,389
2301.44 CHAPTER 3125. of the Revised Code. The county department 1,391
may perform the services itself or contract with other government 1,393
entities, and, pursuant to division (C) of section 2301.35 and 1,394
section 2301.42 of the Revised Code, private entities, to perform 1,395
the Title IV-D services.
(2) Administer disability assistance under Chapter 5115. 1,397
of the Revised Code as required by the state department of job 1,398
and family services; 1,399
(3) Administer burials insofar as the administration of 1,401
burials was, prior to September 12, 1947, imposed upon the board 1,402
of county commissioners and if otherwise required by state law; 1,403
(4) Cooperate with state and federal authorities in any 1,405
matter relating to family services and to act as the agent of 1,406
35
such authorities; 1,407
(5) Submit an annual account of its work and expenses to 1,410
the board of county commissioners and to the state department of 1,411
job and family services at the close of each fiscal year; 1,412
(6) Exercise any powers and duties relating to family 1,415
services or workforce development activities imposed upon the 1,416
county department of job and family services by law, by 1,418
resolution of the board of county commissioners, or by order of 1,419
the governor, when authorized by law, to meet emergencies during 1,420
war or peace;
(7) Determine the eligibility for medical assistance of 1,422
recipients of aid under Title XVI of the "Social Security Act"; 1,423
(8) If assigned by the state director of job and family 1,426
services under section 5101.515 of the Revised Code, determine 1,428
applicants' eligibility for health assistance under the
children's health insurance program part II; 1,429
(9) Enter into a plan of cooperation with the board of 1,431
county commissioners under section 307.983, consult with the 1,433
board in the development of the transportation work plan
developed under section 307.985, establish with the board 1,434
procedures under section 307.986 for providing services to 1,436
children whose families relocate frequently, and comply with the 1,437
contracts the board enters into under sections 307.981 and 1,438
307.982 of the Revised Code that affect the county department; 1,439
(10) For the purpose of complying with a partnership 1,441
agreement the board of county commissioners enters into under 1,442
section 307.98 of the Revised Code, exercise the powers and 1,443
perform the duties the partnership agreement assigns to the
county department; 1,444
(11) If the county department is designated as the 1,446
workforce development agency, provide the workforce development 1,447
activities specified in the contract required by section 330.05 1,448
of the Revised Code.
(B) The powers and duties of a county department of job 1,450
36
and family services are, and shall be exercised and performed, 1,452
under the control and direction of the board of county 1,453
commissioners. The board may assign to the county department any
power or duty of the board regarding family services and 1,455
workforce development activities. If the new power or duty
necessitates the state department of job and family services 1,457
changing its federal cost allocation plan, the county department 1,458
may not implement the power or duty unless the United States 1,459
department of health and human services approves the changes. 1,460
Sec. 742.41. (A) As used in this section: 1,469
(1) "Other system retirant" has the same meaning as in 1,471
section 742.26 of the Revised Code. 1,472
(2) "Personal history record" includes a member's, former 1,474
member's, or other system retirant's name, address, telephone 1,476
number, social security number, record of contributions, 1,477
correspondence with the Ohio police and fire pension fund, status 1,479
of any application for benefits, and any other information deemed 1,480
confidential by the trustees of the fund. 1,481
(B) The treasurer of state shall furnish annually to the 1,483
board of trustees of the fund a sworn statement of the amount of 1,484
the funds in the treasurer of state's custody belonging to the 1,487
Ohio police and fire pension fund. The records of the board 1,489
shall be open for public inspection except for the following, 1,490
which shall be excluded, except with the written authorization of 1,491
the individual concerned: 1,492
(1) The individual's personal history record; 1,494
(2) Any information identifying, by name and address, the 1,496
amount of a monthly allowance or benefit paid to the individual. 1,497
(C) All medical reports and recommendations required are 1,499
privileged, except that copies of such medical reports or 1,500
recommendations shall be made available to the personal 1,501
physician, attorney, or authorized agent of the individual 1,502
concerned upon written release received from the individual or 1,504
the individual's agent or, when necessary for the proper 1,505
37
administration of the fund, to the board-assigned physician. 1,506
(D) Any person who is a member of the fund or an other 1,508
system retirant shall be furnished with a statement of the amount 1,509
to the credit of the person's individual account upon the 1,511
person's written request. The board need not answer more than 1,512
one such request of a person in any one year. 1,513
(E) Notwithstanding the exceptions to public inspection in 1,515
division (B) of this section, the board may furnish the following 1,516
information: 1,517
(1) If a member, former member, or other system retirant 1,519
is subject to an order issued under section 2907.15 of the 1,520
Revised Code or is convicted of or pleads guilty to a violation 1,521
of section 2921.41 of the Revised Code, on written request of a 1,522
prosecutor as defined in section 2935.01 of the Revised Code, the 1,523
board shall furnish to the prosecutor the information requested 1,524
from the individual's personal history record. 1,525
(2) Pursuant to a court order issued under section 3113.21 1,527
PURSUANT TO CHAPTER 3119., 3121., 3123., OR 3125. of the Revised 1,529
Code, the board shall furnish to a court or child support 1,530
enforcement agency the information required under that section. 1,531
(3) At the request of any organization or association of 1,533
members of the fund, the board of trustees of the fund shall 1,534
provide a list of the names and addresses of members of the fund 1,535
and other system retirants. The board shall comply with the 1,536
request of such organization or association at least once a year 1,537
and may impose a reasonable charge for the list. 1,538
(4) Within fourteen days after receiving from the director 1,540
of job and family services a list of the names and social 1,541
security numbers of recipients of public assistance pursuant to 1,543
section 5101.181 of the Revised Code, the board shall inform the 1,544
auditor of state of the name, current or most recent employer 1,545
address, and social security number of each member or other 1,546
system retirant whose name and social security number are the 1,547
same as that of a person whose name or social security number was 1,548
38
submitted by the director. The board and its employees shall, 1,549
except for purposes of furnishing the auditor of state with 1,550
information required by this section, preserve the 1,551
confidentiality of recipients of public assistance in compliance 1,552
with division (A) of section 5101.181 of the Revised Code. 1,553
(F) A statement that contains information obtained from 1,555
the board's records that is signed by the secretary of the board 1,556
of trustees of the Ohio police and fire pension fund and to which 1,558
the board's official seal is affixed, or copies of the board's 1,559
records to which the signature and seal are attached, shall be 1,560
received as true copies of the board's records in any court or 1,561
before any officer of this state.
Sec. 742.47. Except as provided in sections SECTION 1,570
742.461, 3111.23, and 3113.21 CHAPTERS 3119., 3121., 3123., AND 1,572
3125. of the Revised Code, sums of money due or to become due to 1,573
any person from the Ohio police and fire pension fund are not 1,575
liable to attachment, garnishment, levy, or seizure under any 1,576
legal or equitable process, whether such sums remain with the 1,577
treasurer of the fund or any officer or agent of the board of 1,578
trustees of the fund, or is in the course of transmission to the
person entitled thereto, but shall inure wholly to the benefit of 1,579
such person.
Sec. 909.131. On receipt of a notice pursuant to section 1,590
2301.373 3123.43 of the Revised Code, the director of agriculture 1,591
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,592
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,593
3123.63 OF THE REVISED CODE with respect to a certificate issued 1,594
pursuant to this chapter.
Sec. 917.24. On receipt of a notice pursuant to section 1,604
2301.373 3123.43 of the Revised Code, the director of agriculture 1,605
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,606
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,607
3123.63 OF THE REVISED CODE with respect to a license issued 1,608
pursuant to this chapter.
39
Sec. 918.45. On receipt of a notice pursuant to section 1,618
2301.373 3123.43 of the Revised Code, the director of agriculture 1,619
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,620
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,621
3123.63 OF THE REVISED CODE with respect to a license issued 1,622
pursuant to this chapter.
Sec. 919.21. On receipt of a notice pursuant to section 1,632
2301.373 3123.43 of the Revised Code, the director of agriculture 1,633
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,634
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,635
3123.63 OF THE REVISED CODE with respect to a license issued 1,636
pursuant to this chapter.
Sec. 921.30. On receipt of a notice pursuant to section 1,646
2301.373 3123.43 of the Revised Code, the director of agriculture 1,647
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,648
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,649
3123.63 OF THE REVISED CODE with respect to a license, 1,650
certificate, or permit issued pursuant to this chapter. 1,651
Sec. 926.102. On receipt of a notice pursuant to section 1,661
2301.373 3123.43 of the Revised Code, the director of agriculture 1,662
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,663
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,664
3123.63 OF THE REVISED CODE with respect to a license, 1,665
certificate, or permit issued pursuant to this chapter. 1,666
Sec. 927.521. On receipt of a notice pursuant to section 1,676
2301.373 3123.43 of the Revised Code, the director of agriculture 1,677
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,678
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,679
3123.63 OF THE REVISED CODE with respect to a license, 1,680
certificate, or permit issued pursuant to this chapter. 1,682
Sec. 943.19. On receipt of a notice pursuant to section 1,692
2301.373 3123.43 of the Revised Code, the director of agriculture 1,693
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,694
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,695
40
3123.63 OF THE REVISED CODE with respect to a license, 1,696
certificate, or permit issued pursuant to this chapter. 1,697
Sec. 1321.05. Each license shall state the address at 1,706
which the business is to be conducted and shall state fully the 1,707
name of the licensee. Each license shall be kept conspicuously 1,708
posted in the place of business of the licensee and is not 1,709
transferable or assignable. 1,710
Each license shall remain in effect until surrendered, 1,712
revoked, or suspended under section 1321.08 or 2301.373 3123.47 1,714
of the Revised Code. Every licensee shall each year pay to the 1,715
division of financial institutions a license fee and an 1,716
assessment as determined by the superintendent pursuant to 1,718
section 1321.20 of the Revised Code. Payment of such renewal fee 1,719
shall be according to the provisions of this section and the 1,720
standard renewal procedure of sections 4745.01 to 4745.03 of the 1,721
Revised Code. No other or further license fee or assessment 1,722
shall be required from any such licensee by the state or any 1,723
political subdivision in the state.
Every licensee shall maintain for each license current 1,725
assets of at least ten thousand dollars, either in use or readily 1,726
available for use in the conduct of the business. 1,727
Sec. 1321.84. On receipt of a notice pursuant to section 1,737
2301.373 3123.43 of the Revised Code, the division of consumer 1,738
finance shall comply with that section SECTIONS 3123.41 TO 1,739
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 1,741
license, certificate, or permit issued pursuant to this chapter. 1,743
Sec. 1322.101. On receipt of a notice pursuant to section 1,753
2301.373 3123.43 of the Revised Code, the division of financial 1,754
institutions shall comply with that section SECTIONS 3123.41 TO 1,755
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 1,757
certificate issued pursuant to this chapter.
Sec. 1347.08. (A) Every state or local agency that 1,766
41
maintains a personal information system, upon the request and the 1,767
proper identification of any person who is the subject of 1,768
personal information in the system, shall: 1,769
(1) Inform the person of the existence of any personal 1,771
information in the system of which the person is the subject; 1,772
(2) Except as provided in divisions (C) and (E)(2) of this 1,774
section, permit the person, the person's legal guardian, or an 1,776
attorney who presents a signed written authorization made by the 1,777
person, to inspect all personal information in the system of 1,778
which the person is the subject; 1,779
(3) Inform the person about the types of uses made of the 1,781
personal information, including the identity of any users usually 1,782
granted access to the system. 1,783
(B) Any person who wishes to exercise a right provided by 1,785
this section may be accompanied by another individual of the 1,787
person's choice.
(C)(1) A state or local agency, upon request, shall 1,789
disclose medical, psychiatric, or psychological information to a 1,790
person who is the subject of the information or to the person's 1,792
legal guardian, unless a physician, psychiatrist, or psychologist
determines for the agency that the disclosure of the information 1,793
is likely to have an adverse effect on the person, in which case 1,794
the information shall be released to a physician, psychiatrist, 1,795
or psychologist who is designated by the person or by the 1,796
person's legal guardian. 1,797
(2) Upon the signed written request of either a licensed 1,799
attorney at law or a licensed physician designated by the inmate, 1,800
together with the signed written request of an inmate of a 1,801
correctional institution under the administration of the 1,802
department of rehabilitation and correction, the department shall 1,803
disclose medical information to the designated attorney or 1,804
physician as provided in division (C) of section 5120.21 of the 1,805
Revised Code. 1,806
(D) If an individual who is authorized to inspect personal 1,808
42
information that is maintained in a personal information system 1,809
requests the state or local agency that maintains the system to 1,810
provide a copy of any personal information that the individual is 1,812
authorized to inspect, the agency shall provide a copy of the 1,813
personal information to the individual. Each state and local 1,814
agency may establish reasonable fees for the service of copying, 1,815
upon request, personal information that is maintained by the 1,816
agency.
(E)(1) This section regulates access to personal 1,818
information that is maintained in a personal information system 1,819
by persons who are the subject of the information, but does not 1,820
limit the authority of any person, including a person who is the 1,821
subject of personal information maintained in a personal 1,822
information system, to inspect or have copied, pursuant to 1,823
section 149.43 of the Revised Code, a public record as defined in 1,824
that section. 1,825
(2) This section does not provide a person who is the 1,827
subject of personal information maintained in a personal 1,828
information system, the person's legal guardian, or an attorney 1,830
authorized by the person, with a right to inspect or have copied, 1,831
or require an agency that maintains a personal information system 1,832
to permit the inspection of or to copy, a confidential law 1,833
enforcement investigatory record or trial preparation record, as 1,834
defined in divisions (A)(2) and (4) of section 149.43 of the 1,835
Revised Code.
(F) This section does not apply to any of the following: 1,837
(1) The contents of an adoption file maintained by the 1,839
department of health under section 3705.12 of the Revised Code; 1,840
(2) Information contained in the putative father registry 1,842
established by section 3107.062 of the Revised Code, regardless 1,843
of whether the information is held by the department of job and 1,846
family services or, pursuant to section 5101.313 3111.69 of the 1,847
Revised Code, the division OFFICE of child support in the 1,849
department or a child support enforcement agency;
43
(3) Papers, records, and books that pertain to an adoption 1,851
and that are subject to inspection in accordance with section 1,852
3107.17 of the Revised Code; 1,853
(4) Records listed in division (A) of section 3107.42 of 1,855
the Revised Code or specified in division (A) of section 3107.52 1,856
of the Revised Code; 1,857
(5) Records that identify an individual described in 1,859
division (A)(1) of section 3721.031 of the Revised Code, or that 1,860
would tend to identify such an individual; 1,861
(6) Files and records that have been expunged under 1,863
division (D)(1) of section 3721.23 of the Revised Code; 1,864
(7) Records that identify an individual described in 1,866
division (A)(1) of section 3721.25 of the Revised Code, or that 1,867
would tend to identify such an individual; 1,868
(8) Records that identify an individual described in 1,870
division (A)(1) of section 5111.61 of the Revised Code, or that 1,871
would tend to identify such an individual; 1,872
(9) Test materials, examinations, or evaluation tools used 1,874
in an examination for licensure as a nursing home administrator 1,875
that the board of examiners of nursing home administrators 1,876
administers under section 4751.04 of the Revised Code or 1,877
contracts under that section with a private or government entity 1,878
to administer.
Sec. 1349.01. (A) As used in this section: 1,887
(1) "Consumer reporting agency" has the same meaning as in 1,889
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1,890
1681a. 1,891
(2) "Court" means the division of the court of common 1,893
pleas having jurisdiction over actions for divorce, annulment, 1,894
dissolution of marriage, legal separation, child support, or 1,895
spousal support. 1,896
(3) "Health insurance coverage" means hospital, surgical, 1,898
or medical expense coverage provided under any health insurance 1,899
or health care policy, contract, or plan or any other health 1,900
44
benefits arrangement. 1,901
(4) "Provider" has the same meaning as in section 3901.38 1,903
of the Revised Code. 1,904
(B) If, pursuant to an action for divorce, annulment, 1,906
dissolution of marriage, or legal separation, the court 1,907
determines that a party who is a resident of this state is 1,908
responsible for obtaining health insurance coverage for the 1,910
party's former spouse or children or if, pursuant to a child 1,911
support order issued in accordance with section 3113.217 SECTIONS 1,912
3119.30 TO 3119.58 of the Revised Code, the court requires a 1,913
party who is a resident of this state to obtain health insurance 1,915
coverage for the children who are the subject of the child 1,916
support order, and the party fails to obtain such coverage, no 1,917
provider or collection agency shall collect or attempt to collect 1,918
from the former spouse, children, or person responsible for the 1,919
children, any reimbursement of any hospital, surgical, or medical 1,920
expenses incurred by the provider for services rendered to the 1,921
former spouse or children, which expenses would have been covered 1,922
but for the failure of the party to obtain the coverage, if the 1,923
former spouse, any of the children, or a person responsible for 1,924
the children, provides the following to the provider or
collection agency: 1,925
(1) A copy of the court order requiring the party to 1,927
obtain health insurance coverage for the former spouse or 1,928
children.
(2) Reasonable assistance in locating the party and 1,930
obtaining information about the party's health insurance 1,931
coverage.
(C) If the requirements of divisions (B)(1) and (2) of 1,934
this section are not met, the provider or collection agency may 1,935
collect the hospital, surgical, or medical expenses both from the 1,936
former spouse or person responsible for the children and from the 1,937
party who failed to obtain the coverage. If the requirements of 1,938
divisions (B)(1) and (2) are met, the provider or collection 1,939
45
agency may collect or attempt to collect the expenses only from 1,940
the party.
A party required to obtain health insurance coverage for a 1,942
former spouse or children who fails to obtain the coverage is 1,943
liable to the provider for the hospital, surgical, or medical 1,944
expenses incurred by the provider as a result of the failure to 1,945
obtain the coverage. This section does not prohibit a former 1,946
spouse or person responsible for the children from initiating an 1,947
action to enforce the order requiring the party to obtain health 1,948
insurance for the former spouse or children or to collect any 1,949
amounts the former spouse or person responsible for the children 1,950
pays for hospital, surgical, or medical expenses for which the 1,951
party is responsible under the order requiring the party to 1,952
obtain health insurance for the former spouse or children. 1,953
(D)(1) If the requirements of divisions (B)(1) and (2) of 1,955
this section are met, both of the following restrictions shall 1,956
apply:
(a) No collection agency or provider of hospital, 1,958
surgical, or medical services may report to a consumer reporting 1,959
agency, for inclusion in the credit file or credit report of the 1,960
former spouse or person responsible for the children, any 1,961
information relative to the nonpayment of expenses for the 1,962
services incurred by the provider, if the nonpayment is the 1,963
result of the failure of the party responsible for obtaining 1,964
health insurance coverage to obtain health insurance coverage. 1,965
(b) No consumer reporting agency shall include in the 1,967
credit file or credit report of the former spouse or person 1,968
responsible for the children, any information relative to the 1,969
nonpayment of any hospital, surgical, or medical expenses 1,970
incurred by a provider as a result of the party's failure to
obtain the coverage. 1,971
(2) If the requirements of divisions (B)(1) and (2) of 1,973
this section are not met, both of the following provisions shall 1,974
apply: 1,975
46
(a) A provider of hospital, surgical, or medical services, 1,977
or a collection agency, may report to a consumer reporting 1,978
agency, for inclusion in the credit file or credit report of the 1,979
former spouse or person responsible for the children, any 1,980
information relative to the nonpayment of expenses for the
services incurred by the provider, if the nonpayment is the 1,981
result of the failure of the party responsible for obtaining 1,982
health insurance coverage to obtain such coverage. 1,983
(b) A consumer reporting agency may include in the credit 1,985
file or credit report of the former spouse or person responsible 1,986
for the children, any information relative to the nonpayment of 1,987
any hospital, surgical, or medical expenses incurred by the 1,988
provider, if the nonpayment is the result of the failure of the 1,989
party responsible for obtaining health insurance coverage to
obtain such coverage. 1,990
(3)(a) A provider of hospital, surgical, or medical 1,992
services, or a collection agency, may report to a consumer 1,993
reporting agency, for inclusion in the credit file or credit 1,994
report of that party, any information relative to the nonpayment 1,995
of expenses for the services incurred by the provider, if the
nonpayment is the result of the failure of the party responsible 1,996
for obtaining health insurance coverage to obtain such coverage. 1,997
(b) A consumer reporting agency may include in the credit 1,999
file or credit report of the party responsible for obtaining 2,000
health insurance coverage, any information relative to the 2,001
nonpayment of any hospital, surgical, or medical expenses 2,002
incurred by a provider, if the nonpayment is the result of the
failure of that party to obtain health insurance coverage. 2,003
(4) If any information described in division (D)(2) of 2,005
this section is placed in the credit file or credit report of the 2,006
former spouse or person responsible for the children, the 2,007
consumer reporting agency shall remove the information from the 2,008
credit file and credit report if the former spouse or person
responsible for the children provides the agency with the 2,009
47
information required in divisions (B)(1) and (2) of this section. 2,010
If the agency fails to remove the information from the credit 2,011
file or credit report pursuant to the terms of the "Fair Credit 2,012
Reporting Act," 84 Stat. 1128, 15 U.S.C. 1681a, within a
reasonable time after receiving the information required by 2,013
divisions (B)(1) and (2) of this section, the former spouse may 2,014
initiate an action to require the agency to remove the 2,015
information.
If any information described in division (D)(3) of this 2,017
section is placed in the party's credit file or credit report, 2,018
the party has the burden of proving that the party is not 2,019
responsible for obtaining the health insurance coverage or, if 2,020
responsible, that the expenses incurred are not covered expenses.
If the party meets that burden, the agency shall remove the 2,021
information from the party's credit file and credit report 2,022
immediately. If the agency fails to remove the information from 2,023
the credit file or credit report immediately after the party 2,024
meets the burden, the party may initiate an action to require the
agency to remove the information. 2,025
Sec. 1533.82. (A) On receipt of a notice pursuant to 2,034
section 2301.373 3123.43 of the Revised Code, the chief of the 2,035
division of wildlife shall comply with that section SECTIONS 2,037
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 2,039
a license, permit, or certificate issued pursuant to section 2,040
1533.23, 1533.34, 1533.342, 1533.39, 1533.40, 1533.51, 1533.631, 2,041
1533.71, 1533.72, 1533.81, 1533.88, or 1533.881 of the Revised 2,043
Code.
(B) On receipt of a notice pursuant to section 2301.375 2,045
3123.62 of the Revised Code, the chief shall comply with that 2,046
section AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF 2,047
THE REVISED CODE with respect to a license, permit, or stamp 2,048
issued pursuant to section 1533.10, 1533.11, 1533.111, 1533.112, 2,049
or 1533.32 of the Revised Code.
48
Sec. 1541.42. On receipt of a notice pursuant to section 2,059
2301.373 3123.43 of the Revised Code, the chief of the division 2,060
of parks and recreation shall comply with that section SECTIONS 2,061
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 2,063
a license issued pursuant to this chapter.
Sec. 1547.544. On receipt of a notice pursuant to section 2,073
2301.373 3123.43 of the Revised Code, the division of watercraft 2,074
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 2,075
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 2,076
3123.63 OF THE REVISED CODE with respect to a certificate issued 2,077
pursuant to section 1547.542 or 1547.543 of the Revised Code. 2,078
Sec. 1561.52. On receipt of a notice pursuant to section 2,088
2301.373 3123.43 of the Revised Code, the mine examining board 2,089
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 2,091
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 2,092
3123.63 OF THE REVISED CODE with respect to a certificate issued 2,093
pursuant to this chapter.
Sec. 1565.25. On receipt of a notice pursuant to section 2,102
2301.373 3123.43 of the Revised Code, the mine examining board 2,103
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 2,105
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 2,106
3123.63 OF THE REVISED CODE with respect to a certificate issued
pursuant to this chapter. 2,107
Sec. 1905.201. The mayor of a municipal corporation that 2,116
has a mayor's court, and a mayor's court magistrate, are entitled 2,117
to suspend or revoke, and shall suspend or revoke, in accordance 2,118
with division (B) of section 4507.16 of the Revised Code, the 2,119
driver's or commercial driver's license or permit or nonresident 2,120
operating privilege of any person who is convicted of or pleads 2,121
guilty to a violation of division (A) of section 4511.19 of the 2,122
Revised Code, of a municipal ordinance relating to operating a 2,123
vehicle while under the influence of alcohol, a drug of abuse, or 2,124
alcohol and a drug of abuse, or of a municipal ordinance relating 2,125
49
to operating a vehicle with a prohibited concentration of alcohol 2,126
in the blood, breath, or urine that is substantially equivalent 2,127
to division (A) of section 4511.19 of the Revised Code. The 2,128
mayor of a municipal corporation that has a mayor's court, and a 2,129
mayor's court magistrate, are entitled to suspend, and shall 2,130
suspend, in accordance with division (E) of section 4507.16 of 2,131
the Revised Code, the driver's, or commercial driver's license or 2,132
permit or nonresident operating privilege of any person who is 2,133
convicted of or pleads guilty to a violation of division (B) of 2,134
section 4511.19 of the Revised Code or of a municipal ordinance 2,135
relating to operating a vehicle with a prohibited concentration 2,136
of alcohol in the blood, breath, or urine that is substantially 2,137
equivalent to division (B) of section 4511.19 of the Revised 2,138
Code. 2,139
Suspension of a commercial driver's license under this 2,141
section shall be concurrent with any period of disqualification 2,142
under section 2301.374 3123.611 or 4506.16 of the Revised Code OR 2,144
PERIOD OF SUSPENSION UNDER SECTION 3123.58 OF THE REVISED CODE.
No person who is disqualified for life from holding a commercial 2,145
driver's license under section 4506.16 of the Revised Code shall 2,146
be issued a driver's license under Chapter 4507. of the Revised 2,147
Code during the period for which the commercial driver's license 2,148
was suspended under this section, and no person whose commercial 2,149
driver's license is suspended under this section shall be issued 2,150
a driver's license under Chapter 4507. of the Revised Code during 2,151
the period of the suspension. 2,152
Sec. 2151.23. (A) The juvenile court has exclusive 2,162
original jurisdiction under the Revised Code as follows: 2,163
(1) Concerning any child who on or about the date 2,165
specified in the complaint is alleged to be a juvenile traffic 2,166
offender or a delinquent, unruly, abused, neglected, or dependent 2,168
child and, based on and in relation to the allegation pertaining 2,169
to the child, concerning the parent, guardian, or other person 2,170
having care of a child who is alleged to be an unruly or 2,171
50
delinquent child for being an habitual or chronic truant; 2,173
(2) Subject to division (V) of section 2301.03 of the 2,175
Revised Code, to determine the custody of any child not a ward of 2,176
another court of this state; 2,177
(3) To hear and determine any application for a writ of 2,179
habeas corpus involving the custody of a child; 2,180
(4) To exercise the powers and jurisdiction given the 2,182
probate division of the court of common pleas in Chapter 5122. of 2,184
the Revised Code, if the court has probable cause to believe that 2,185
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as 2,186
defined in section 5122.01 of the Revised Code; 2,187
(5) To hear and determine all criminal cases charging 2,189
adults with the violation of any section of this chapter; 2,190
(6) To hear and determine all criminal cases in which an 2,192
adult is charged with a violation of division (C) of section 2,193
2919.21, division (B)(1) of section 2919.22, section 2919.222, 2,194
division (B) of section 2919.23, or section 2919.24 of the 2,196
Revised Code, provided the charge is not included in an 2,197
indictment that also charges the alleged adult offender with the 2,198
commission of a felony arising out of the same actions that are 2,199
the basis of the alleged violation of division (C) of section 2,200
2919.21, division (B)(1) of section 2919.22, section 2919.222, 2,201
division (B) of section 2919.23, or section 2919.24 of the 2,203
Revised Code;
(7) Under the interstate compact on juveniles in section 2,205
2151.56 of the Revised Code; 2,206
(8) Concerning any child who is to be taken into custody 2,208
pursuant to section 2151.31 of the Revised Code, upon being 2,209
notified of the intent to take the child into custody and the 2,210
reasons for taking the child into custody; 2,211
(9) To hear and determine requests for the extension of 2,213
temporary custody agreements, and requests for court approval of 2,214
permanent custody agreements, that are filed pursuant to section 2,215
51
5103.15 of the Revised Code; 2,216
(10) To hear and determine applications for consent to 2,218
marry pursuant to section 3101.04 of the Revised Code; 2,219
(11) Subject to division (V) of section 2301.03 of the 2,221
Revised Code, to hear and determine a request for an order for 2,222
the support of any child if the request is not ancillary to an 2,223
action for divorce, dissolution of marriage, annulment, or legal 2,224
separation, a criminal or civil action involving an allegation of 2,225
domestic violence, or an action for support brought under Chapter 2,226
3115. of the Revised Code; 2,227
(12) Concerning an action commenced under section 121.38 2,229
of the Revised Code; 2,230
; 2,232
(14)(13) To hear and determine violations of section 2,234
3321.38 of the Revised Code; 2,235
(15)(14) To exercise jurisdiction and authority over the 2,238
parent, guardian, or other person having care of a child alleged 2,239
to be a delinquent child, unruly child, or juvenile traffic 2,240
offender, based on and in relation to the allegation pertaining 2,241
to the child. 2,242
(B) Except as provided in division (I) of section 2301.03 2,244
of the Revised Code, the juvenile court has original jurisdiction 2,245
under the Revised Code: 2,246
(1) To hear and determine all cases of misdemeanors 2,248
charging adults with any act or omission with respect to any 2,249
child, which act or omission is a violation of any state law or 2,250
any municipal ordinance; 2,251
(2) To determine the paternity of any child alleged to 2,253
have been born out of wedlock pursuant to sections 3111.01 to 2,254
3111.19 3111.18 of the Revised Code; 2,255
(3) Under the uniform interstate family support act in 2,258
Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for 2,260
the support of any child, if the child is not a ward of another 2,261
52
court of this state; 2,262
(5) To hear and determine an action commenced under 2,264
section 5101.314 3111.28 of the Revised Code; 2,265
(6) TO HEAR AND DETERMINE A MOTION FILED UNDER SECTION 2,267
3119.961 OF THE REVISED CODE. 2,268
(C) The juvenile court, except as to juvenile courts that 2,270
are a separate division of the court of common pleas or a 2,271
separate and independent juvenile court, has jurisdiction to 2,272
hear, determine, and make a record of any action for divorce or 2,273
legal separation that involves the custody or care of children 2,274
and that is filed in the court of common pleas and certified by 2,275
the court of common pleas with all the papers filed in the action 2,276
to the juvenile court for trial, provided that no certification 2,277
of that nature shall be made to any juvenile court unless the 2,279
consent of the juvenile judge first is obtained. After a 2,280
certification of that nature is made and consent is obtained, the 2,282
juvenile court shall proceed as if the action originally had been 2,283
begun in that court, except as to awards for spousal support or 2,284
support due and unpaid at the time of certification, over which 2,285
the juvenile court has no jurisdiction.
(D) The juvenile court, except as provided in division (I) 2,287
of section 2301.03 of the Revised Code, has jurisdiction to hear 2,288
and determine all matters as to custody and support of children 2,289
duly certified by the court of common pleas to the juvenile court 2,290
after a divorce decree has been granted, including jurisdiction 2,291
to modify the judgment and decree of the court of common pleas as 2,292
the same relate to the custody and support of children. 2,293
(E) The juvenile court, except as provided in division (I) 2,295
of section 2301.03 of the Revised Code, has jurisdiction to hear 2,296
and determine the case of any child certified to the court by any 2,297
court of competent jurisdiction if the child comes within the 2,298
jurisdiction of the juvenile court as defined by this section. 2,299
(F)(1) The juvenile court shall exercise its jurisdiction 2,301
in child custody matters in accordance with sections 3109.04, 2,302
53
3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code. 2,303
(2) The juvenile court shall exercise its jurisdiction in 2,305
child support matters in accordance with section 3109.05 of the 2,306
Revised Code. 2,307
(G)(1) Each order for child support made or modified by a 2,309
juvenile court shall include as part of the order a general 2,311
provision, as described in division (A)(1) of section 3113.21 of 2,312
the Revised Code, requiring the withholding or deduction of 2,313
income or assets of the obligor under the order as described in 2,315
division (D) of section 3113.21 of the Revised Code, or another 2,316
type of appropriate requirement as described in division (D)(3), 2,317
(D)(4), or (H) of that section, to ensure that withholding or 2,319
deduction from the income or assets of the obligor is available 2,321
from the commencement of the support order for collection of the 2,322
support and of any arrearages that occur; a statement requiring 2,323
all parties to the order to notify the child support enforcement 2,324
agency in writing of their current mailing address, current 2,325
residence address, current residence telephone number, and 2,326
current driver's license number, and any changes to that 2,327
information; and a notice that the requirement to notify the 2,328
child support enforcement agency of all changes to that
information continues until further notice from the court. Any 2,329
juvenile court that makes or modifies an order for child support 2,330
shall comply with sections 3113.21 to 3113.219 CHAPTERS 3119., 2,332
3121., 3123., AND 3125. of the Revised Code. If any person 2,333
required to pay child support under an order made by a juvenile 2,334
court on or after April 15, 1985, or modified on or after 2,335
December 1, 1986, is found in contempt of court for failure to 2,336
make support payments under the order, the court that makes the 2,337
finding, in addition to any other penalty or remedy imposed, 2,338
shall assess all court costs arising out of the contempt 2,339
proceeding against the person and require the person to pay any 2,340
reasonable attorney's fees of any adverse party, as determined by 2,341
the court, that arose in relation to the act of contempt. 2,342
54
(2) Notwithstanding section 3109.01 of the Revised Code, 2,344
if a juvenile court issues a child support order under this 2,345
chapter, the order shall remain in effect beyond the child's 2,346
eighteenth birthday as long as the child continuously attends on 2,347
a full-time basis any recognized and accredited high school or 2,348
the order provides that the duty of support of the child 2,349
continues beyond the child's eighteenth birthday. Except in 2,350
cases in which the order provides that the duty of support 2,351
continues for any period after the child reaches nineteen years 2,352
of age the order shall not remain in effect after the child
reaches nineteen years of age. Any parent ordered to pay support 2,354
under a child support order issued under this chapter shall 2,355
continue to pay support under the order, including during 2,356
seasonal vacation periods, until the order terminates. 2,357
(H) If a child who is charged with an act that would be an 2,359
offense if committed by an adult was fourteen years of age or 2,360
older and under eighteen years of age at the time of the alleged 2,361
act and if the case is transferred for criminal prosecution 2,362
pursuant to section 2151.26 of the Revised Code, the juvenile 2,364
court does not have jurisdiction to hear or determine the case 2,365
subsequent to the transfer. The court to which the case is 2,366
transferred for criminal prosecution pursuant to that section has 2,367
jurisdiction subsequent to the transfer to hear and determine the 2,368
case in the same manner as if the case originally had been 2,369
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea 2,370
authorized by Criminal Rule 11 or another section of the Revised 2,372
Code and jurisdiction to accept a verdict and to enter a judgment 2,373
of conviction pursuant to the Rules of Criminal Procedure against 2,374
the child for the commission of the offense that was the basis of 2,375
the transfer of the case for criminal prosecution, whether the 2,376
conviction is for the same degree or a lesser degree of the 2,377
offense charged, for the commission of a lesser-included offense, 2,378
or for the commission of another offense that is different from 2,379
55
the offense charged. 2,380
(I) If a person under eighteen years of age allegedly 2,383
commits an act that would be a felony if committed by an adult 2,384
and if the person is not taken into custody or apprehended for
that act until after the person attains twenty-one years of age, 2,385
the juvenile court does not have jurisdiction to hear or 2,386
determine any portion of the case charging the person with 2,387
committing that act. In those circumstances, divisions (B) and 2,388
(C) of section 2151.26 of the Revised Code do not apply regarding 2,389
the act, the case charging the person with committing the act 2,390
shall be a criminal prosecution commenced and heard in the 2,391
appropriate court having jurisdiction of the offense as if the 2,392
person had been eighteen years of age or older when the person 2,393
committed the act, all proceedings pertaining to the act shall be
within the jurisdiction of the court having jurisdiction of the 2,394
offense, and the court having jurisdiction of the offense has all 2,395
the authority and duties in the case as it has in other criminal 2,396
cases commenced in that court.
Sec. 2151.231. The parent, guardian, or custodian of a 2,406
child, the person with whom a child resides, or the child support 2,407
enforcement agency of the county in which the child, parent, 2,408
guardian, or custodian of the child resides may bring an action 2,410
in a juvenile court OR OTHER COURT WITH JURISDICTION UNDER 2,411
SECTION 2101.022 OR 2301.03 OF THE REVISED CODE under this 2,413
section requesting the court to issue an order requiring a parent 2,414
of the child to pay an amount for the support of the child 2,415
without regard to the marital status of the child's parents. NO
ACTION MAY BE BROUGHT UNDER THIS SECTION AGAINST A PERSON 2,416
PRESUMED TO BE THE PARENT OF A CHILD BASED ON AN ACKNOWLEDGMENT 2,417
OF PATERNITY THAT HAS NOT YET BECOME FINAL UNDER FORMER SECTION 2,418
3111.211 OR 5101.314 OR SECTION 2151.232, 3111.25, OR 3111.821 OF 2,419
THE REVISED CODE.
The parties to an action under this section may raise the 2,421
issue of the existence or nonexistence of a parent-child 2,422
56
relationship, unless a final and enforceable determination of the 2,423
issue has been made with respect to the parties pursuant to 2,424
Chapter 3111. of the Revised Code or an acknowledgment of 2,425
paternity signed by the child's parents has become final pursuant
to FORMER SECTION 3111.211 OR 5101.314 OR section 2151.232, 2,427
3111.211 3111.25, or 5101.314 3111.821 of the Revised Code. If a 2,428
complaint is filed under this section and an issue concerning the 2,429
existence or nonexistence of a parent-child relationship is 2,430
raised, the court shall treat the action as an action pursuant to 2,431
sections 3111.01 to 3111.19 3111.18 of the Revised Code. An 2,432
order issued in an action under this section does not preclude a 2,433
party to the action from bringing a subsequent action pursuant to 2,434
sections 3111.01 to 3111.19 3111.18 of the Revised Code if the 2,435
issue concerning the existence or nonexistence of the 2,436
parent-child relationship was not determined with respect to the 2,437
party pursuant to a proceeding under this section, a proceeding 2,438
under Chapter 3111. of the Revised Code, or an acknowledgment of 2,439
paternity that has become final under FORMER SECTION 3111.211 OR 2,440
5101.314 OR section 2151.232, 3111.211 3111.25, or 5101.314 2,441
3111.821 of the Revised Code. An order issued pursuant to this 2,442
section shall remain effective until an order is issued pursuant 2,443
to sections 3111.01 to 3111.19 3111.18 of the Revised Code that a 2,444
parent-child relationship does not exist between the alleged 2,447
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 2,449
of the Revised Code that would require the order to terminate. 2,450
The court, in accordance with section 3113.217 SECTIONS 2,452
3119.30 TO 3119.58 of the Revised Code, shall include in each 2,454
support order made under this section the requirement that one or 2,455
both of the parents provide for the health care needs of the 2,456
child to the satisfaction of the court. 2,457
Sec. 2151.232. If an acknowledgment has been filed and 2,466
entered into the birth registry pursuant to section 5101.314 2,467
3111.24 of the Revised Code but has not yet become final, either 2,469
57
parent who signed the acknowledgment may bring an action in the 2,470
juvenile court OR OTHER COURT WITH JURISDICTION UNDER SECTION 2,471
2101.022 OR 2301.03 OF THE REVISED CODE under this section 2,473
requesting that the court issue an order requiring a parent of 2,474
the child to pay an amount for the support of the child in 2,475
accordance with sections 3113.21 to 3113.219 CHAPTERS 3119., 2,476
3121., 3123., AND 3125. of the Revised Code. 2,478
The parties to an action under this section may raise the 2,480
issue of the existence or nonexistence of a parent-child 2,481
relationship. If an action is commenced pursuant to this section 2,482
and the issue of the existence or nonexistence of a parent-child 2,483
relationship is raised, the court shall treat the action as an 2,484
action commenced pursuant to sections 3111.01 to 3111.19 3111.18 2,485
of the Revised Code. If the issue is raised, the court shall 2,486
promptly notify the division OFFICE of child support in the 2,487
department of job and family services that it is conducting 2,489
proceedings in compliance with sections 3111.01 to 3111.19 2,490
3111.18 of the Revised Code. On receipt of the notice by the 2,492
division OFFICE, the acknowledgment of paternity signed by the 2,495
parties and filed pursuant to section 5101.314 3111.23 of the 2,496
Revised Code shall be considered rescinded. 2,497
If the parties do not raise the issue of the existence or 2,499
nonexistence of a parent-child relationship in the action and an 2,500
order is issued pursuant to this section prior to the date the 2,501
acknowledgment filed and entered on the birth registry under 2,502
section 5101.314 of the Revised Code becomes final, the 2,504
acknowledgment shall be considered final as of the date of the 2,505
issuance of the order. An order issued pursuant to this section
shall not affect an acknowledgment that becomes final pursuant to 2,506
section 5101.314 3111.25 of the Revised Code prior to the 2,507
issuance of the order. 2,508
Sec. 2151.33. (A) Pending hearing of a complaint filed 2,518
under section 2151.27 of the Revised Code or a motion filed or 2,519
made under division (B) of this section and the service of 2,520
58
citations, the juvenile court may make any temporary disposition 2,521
of any child that it considers necessary to protect the best 2,522
interest of the child and that can be made pursuant to division 2,523
(B) of this section. Upon the certificate of one or more 2,524
reputable practicing physicians, the court may summarily provide 2,525
for emergency medical and surgical treatment that appears to be 2,526
immediately necessary to preserve the health and well-being of 2,527
any child concerning whom a complaint or an application for care 2,528
has been filed, pending the service of a citation upon the 2,529
child's parents, guardian, or custodian. The court may order the 2,530
parents, guardian, or custodian, if the court finds the parents, 2,531
guardian, or custodian able to do so, to reimburse the court for 2,532
the expense involved in providing the emergency medical or 2,533
surgical treatment. Any person who disobeys the order for 2,534
reimbursement may be adjudged in contempt of court and punished 2,535
accordingly. 2,536
If the emergency medical or surgical treatment is furnished 2,538
to a child who is found at the hearing to be a nonresident of the 2,539
county in which the court is located and if the expense of the 2,540
medical or surgical treatment cannot be recovered from the 2,541
parents, legal guardian, or custodian of the child, the board of 2,542
county commissioners of the county in which the child has a legal 2,543
settlement shall reimburse the court for the reasonable cost of 2,544
the emergency medical or surgical treatment out of its general 2,545
fund. 2,546
(B)(1) After a complaint, petition, writ, or other 2,548
document initiating a case dealing with an alleged or adjudicated 2,549
abused, neglected, or dependent child is filed and upon the 2,550
filing or making of a motion pursuant to division (C) of this 2,551
section, the court, prior to the final disposition of the case, 2,552
may issue any of the following temporary orders to protect the 2,553
best interest of the child: 2,554
(a) An order granting temporary custody of the child to a 2,556
particular party; 2,557
59
(b) An order for the taking of the child into custody 2,559
pursuant to section 2151.31 of the Revised Code pending the 2,560
outcome of the adjudicatory and dispositional hearings; 2,561
(c) An order granting, limiting, or eliminating PARENTING 2,563
TIME OR visitation rights with respect to the child; 2,565
(d) An order requiring a party to vacate a residence that 2,567
will be lawfully occupied by the child; 2,568
(e) An order requiring a party to attend an appropriate 2,570
counseling program that is reasonably available to that party; 2,571
(f) Any other order that restrains or otherwise controls 2,573
the conduct of any party which conduct would not be in the best 2,574
interest of the child. 2,575
(2) Prior to the final disposition of a case subject to 2,577
division (B)(1) of this section, the court shall do both of the 2,578
following:
(a) Issue an order pursuant to sections 3113.21 to 2,580
3113.219 CHAPTERS 3119. TO 3125. of the Revised Code requiring 2,581
the parents, guardian, or person charged with the child's support 2,584
to pay support for the child.
(b) Issue an order requiring the parents, guardian, or 2,586
person charged with the child's support to continue to maintain 2,587
any health insurance coverage for the child that existed at the 2,588
time of the filing of the complaint, petition, writ, or other 2,589
document, or to obtain health insurance coverage in accordance 2,590
with section 3113.217 SECTIONS 3119.30 TO 3119.58 of the Revised 2,592
Code. 2,593
(C)(1) A court may issue an order pursuant to division (B) 2,595
of this section upon its own motion or if a party files a written 2,597
motion or makes an oral motion requesting the issuance of the 2,598
order and stating the reasons for it. Any notice sent by the 2,599
court as a result of a motion pursuant to this division shall 2,600
contain a notice that any party to a juvenile proceeding has the 2,601
right to be represented by counsel and to have appointed counsel 2,603
if the person is indigent.
60
(2) If a child is taken into custody pursuant to section 2,605
2151.31 of the Revised Code and placed in shelter care, the 2,606
public children services agency or private child placing agency 2,607
with which the child is placed in shelter care shall file or make 2,608
a motion as described in division (C)(1) of this section before 2,609
the end of the next day immediately after the date on which the 2,611
child was taken into custody and, at a minimum, shall request an 2,612
order for temporary custody under division (B)(1)(a) of this 2,613
section.
(3) A court that issues an order pursuant to division 2,615
(B)(1)(b) of this section shall comply with section 2151.419 of 2,617
the Revised Code.
(D) The court may grant an ex parte order upon its own 2,620
motion or a motion filed or made pursuant to division (C) of this 2,621
section requesting such an order if it appears to the court that 2,623
the best interest and the welfare of the child require that the 2,624
court issue the order immediately. The court, if acting on its 2,625
own motion, or the person requesting the granting of an ex parte 2,626
order, to the extent possible, shall give notice of its intent or 2,627
of the request to the parents, guardian, or custodian of the 2,628
child who is the subject of the request. If the court issues an 2,629
ex parte order, the court shall hold a hearing to review the 2,630
order within seventy-two hours after it is issued or before the 2,631
end of the next day after the day on which it is issued, 2,632
whichever occurs first. The court shall give written notice of 2,633
the hearing to all parties to the action and shall appoint a 2,634
guardian ad litem for the child prior to the hearing. 2,635
The written notice shall be given by all means that are 2,637
reasonably likely to result in the party receiving actual notice 2,638
and shall include all of the following: 2,639
(1) The date, time, and location of the hearing; 2,641
(2) The issues to be addressed at the hearing; 2,643
(3) A statement that every party to the hearing has a 2,645
right to counsel and to court-appointed counsel, if the party is 2,646
61
indigent; 2,647
(4) The name, telephone number, and address of the person 2,649
requesting the order; 2,650
(5) A copy of the order, except when it is not possible to 2,652
obtain it because of the exigent circumstances in the case. 2,653
If the court does not grant an ex parte order pursuant to a 2,655
motion filed or made pursuant to division (C) of this section or 2,657
its own motion, the court shall hold a shelter care hearing on 2,658
the motion within ten days after the motion is filed. The court 2,659
shall give notice of the hearing to all affected parties in the 2,660
same manner as set forth in the Juvenile Rules.
(E) The court, pending the outcome of the adjudicatory and 2,662
dispositional hearings, shall not issue an order granting 2,663
temporary custody of a child to a public children services agency 2,664
or private child placing agency pursuant to this section, unless 2,665
the court determines and specifically states in the order that 2,666
the continued residence of the child in the child's current home 2,667
will be contrary to the child's best interest and welfare and the 2,668
court complies with section 2151.419 of the Revised Code. 2,669
(F) Each public children services agency and private child 2,671
placing agency that receives temporary custody of a child 2,672
pursuant to this section shall maintain in the child's case 2,673
record written documentation that it has placed the child, to the 2,674
extent that it is consistent with the best interest, welfare, and 2,675
special needs of the child, in the most family-like setting 2,676
available and in close proximity to the home of the parents, 2,677
custodian, or guardian of the child. 2,678
(G) For good cause shown, any court order that is issued 2,680
pursuant to this section may be reviewed by the court at any time 2,681
upon motion of any party to the action or upon the motion of the 2,682
court. 2,683
Sec. 2151.36. When a child has been committed as provided 2,692
by this chapter, the juvenile court shall issue an order pursuant 2,694
to sections 3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 2,695
62
3125. of the Revised Code requiring that the parent, guardian, or 2,698
person charged with the child's support pay for the care,
support, maintenance, and education of the child. The juvenile 2,700
court shall order that the parents, guardian, or person pay for 2,702
the expenses involved in providing orthopedic, medical, or 2,703
surgical treatment for, or for special care of, the child, enter 2,704
a judgment for the amount due, and enforce the judgment by 2,705
execution as in the court of common pleas.
Any expenses incurred for the care, support, maintenance, 2,707
education, orthopedic, medical, or surgical treatment, and 2,709
special care of a child who has a legal settlement in another 2,710
county shall be at the expense of the county of legal settlement 2,711
if the consent of the juvenile judge of the county of legal 2,712
settlement is first obtained. When the consent is obtained, the 2,713
board of county commissioners of the county in which the child 2,714
has a legal settlement shall reimburse the committing court for 2,715
the expenses out of its general fund. If the department of job 2,716
and family services considers it to be in the best interest of 2,718
any delinquent, dependent, unruly, abused, or neglected child who 2,719
has a legal settlement in a foreign state or country that the 2,720
child be returned to the state or country of legal settlement, 2,721
the juvenile court may commit the child to the department for the 2,722
child's return to that state or country. 2,723
Any expenses ordered by the court for the care, support, 2,726
maintenance, education, orthopedic, medical, or surgical
treatment, or special care of a dependent, neglected, abused, 2,728
unruly, or delinquent child or of a juvenile traffic offender
under this chapter, except the part of the expense that may be 2,730
paid by the state or federal government or paid by the parents, 2,732
guardians, or person charged with the child's support pursuant to 2,733
this section, shall be paid from the county treasury upon 2,734
specifically itemized vouchers, certified to by the judge. The 2,735
court shall not be responsible for any expenses resulting from 2,737
the commitment of children to any home, public children services 2,738
63
agency, private child placing agency, or other institution, 2,739
association, or agency, unless the court authorized the expenses 2,742
at the time of commitment.
Sec. 2151.49. In every case of conviction under sections 2,751
2151.01 to 2151.54 of the Revised Code, where imprisonment is 2,752
imposed as part of the punishment, the juvenile judge may suspend 2,753
sentence, before or during commitment, upon such condition as the 2,754
juvenile judge imposes. In the case of conviction for 2,755
non-support NONSUPPORT of a child who is receiving aid under 2,756
Chapter 5107. or 5115. of the Revised Code, if the juvenile judge 2,757
suspends sentence on condition that the person make payments for 2,758
support, the payment shall be made to the county department of 2,759
job and family services rather than to the child or custodian of 2,760
the child.
The court, in accordance with section 3113.217 SECTIONS 2,762
3119.30 TO 3119.58 of the Revised Code, shall include in each 2,764
support order made under this section the requirement that one or 2,765
both of the parents provide for the health care needs of the 2,766
child to the satisfaction of the court. 2,767
Sec. 2301.03. (A) In Franklin county, the judges of the 2,776
court of common pleas whose terms begin on January 1, 1953, 2,777
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 2,778
1997, and successors, shall have the same qualifications, 2,779
exercise the same powers and jurisdiction, and receive the same 2,780
compensation as other judges of the court of common pleas of 2,781
Franklin county and shall be elected and designated as judges of 2,782
the court of common pleas, division of domestic relations. They 2,783
shall have all the powers relating to juvenile courts, and all 2,784
cases under Chapter 2151. of the Revised Code, all parentage 2,785
proceedings under Chapter 3111. of the Revised Code over which 2,786
the juvenile court has jurisdiction, and all divorce, dissolution 2,787
of marriage, legal separation, and annulment cases shall be 2,788
assigned to them. In addition to the judge's regular duties, the 2,789
judge who is senior in point of service shall serve on the 2,791
64
children services board and the county advisory board and shall 2,792
be the administrator of the domestic relations division and its 2,793
subdivisions and departments.
(B)(1) In Hamilton county, the judge of the court of 2,795
common pleas, whose term begins on January 1, 1957, and 2,796
successors, and the judge of the court of common pleas, whose 2,797
term begins on February 14, 1967, and successors, shall be the 2,798
juvenile judges as provided in Chapter 2151. of the Revised Code, 2,799
with the powers and jurisdiction conferred by that chapter. 2,800
(2) The judges of the court of common pleas whose terms 2,802
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and 2,803
successors, shall be elected and designated as judges of the 2,804
court of common pleas, division of domestic relations, and shall 2,805
have assigned to them all divorce, dissolution of marriage, legal 2,806
separation, and annulment cases coming before the court. On or 2,807
after the first day of July and before the first day of August of 2,808
1991 and each year thereafter, a majority of the judges of the 2,809
division of domestic relations shall elect one of the judges of 2,810
the division as administrative judge of that division. If a 2,811
majority of the judges of the division of domestic relations are 2,812
unable for any reason to elect an administrative judge for the 2,814
division before the first day of August, a majority of the judges 2,815
of the Hamilton county court of common pleas, as soon as possible 2,816
after that date, shall elect one of the judges of the division of 2,817
domestic relations as administrative judge of that division. The 2,818
term of the administrative judge shall begin on the earlier of 2,819
the first day of August of the year in which the administrative 2,820
judge is elected or the date on which the administrative judge is 2,822
elected by a majority of the judges of the Hamilton county court 2,825
of common pleas and shall terminate on the date on which the 2,826
administrative judge's successor is elected in the following 2,827
year. 2,828
In addition to the judge's regular duties, the 2,830
administrative judge of the division of domestic relations shall 2,832
65
be the administrator of the domestic relations division and its 2,833
subdivisions and departments and shall have charge of the 2,834
employment, assignment, and supervision of the personnel of the 2,835
division engaged in handling, servicing, or investigating 2,836
divorce, dissolution of marriage, legal separation, and annulment 2,837
cases, including any referees considered necessary by the judges 2,838
in the discharge of their various duties. 2,839
The administrative judge of the division of domestic 2,841
relations also shall designate the title, compensation, expense 2,842
allowances, hours, leaves of absence, and vacations of the 2,843
personnel of the division, and shall fix the duties of its 2,844
personnel. The duties of the personnel, in addition to those 2,845
provided for in other sections of the Revised Code, shall include 2,846
the handling, servicing, and investigation of divorce, 2,847
dissolution of marriage, legal separation, and annulment cases 2,848
and counseling and conciliation services that may be made 2,849
available to persons requesting them, whether or not the persons 2,850
are parties to an action pending in the division. 2,851
The board of county commissioners shall appropriate the sum 2,853
of money each year as will meet all the administrative expenses 2,854
of the division of domestic relations, including reasonable 2,855
expenses of the domestic relations judges and the division 2,856
counselors and other employees designated to conduct the 2,857
handling, servicing, and investigation of divorce, dissolution of 2,858
marriage, legal separation, and annulment cases, conciliation and 2,859
counseling, and all matters relating to those cases and 2,860
counseling, and the expenses involved in the attendance of 2,861
division personnel at domestic relations and welfare conferences 2,862
designated by the division, and the further sum each year as will 2,863
provide for the adequate operation of the division of domestic 2,864
relations. 2,865
The compensation and expenses of all employees and the 2,867
salary and expenses of the judges shall be paid by the county 2,868
treasurer from the money appropriated for the operation of the 2,869
66
division, upon the warrant of the county auditor, certified to by 2,870
the administrative judge of the division of domestic relations. 2,871
The summonses, warrants, citations, subpoenas, and other 2,873
writs of the division may issue to a bailiff, constable, or staff 2,874
investigator of the division or to the sheriff of any county or 2,875
any marshal, constable, or police officer, and the provisions of 2,876
law relating to the subpoenaing of witnesses in other cases shall 2,877
apply insofar as they are applicable. When a summons, warrant, 2,878
citation, subpoena, or other writ is issued to an officer, other 2,879
than a bailiff, constable, or staff investigator of the division, 2,880
the expense of serving it shall be assessed as a part of the 2,881
costs in the case involved. 2,882
(3) The judge of the court of common pleas of Hamilton 2,885
County whose term begins on January 3, 1997, shall be elected and 2,886
designated for one term only as the drug court judge of the court 2,887
of common pleas of Hamilton County, and the successors to that 2,889
judge shall be elected and designated as judges of the general 2,890
division of the court of common pleas of Hamilton county and 2,891
shall not have the authority granted by division (B)(3) of this 2,892
section. The drug court judge may accept or reject any case 2,893
referred to the drug court judge under division (B)(3) of this 2,894
section. After the drug court judge accepts a referred case, the 2,895
drug court judge has full authority over the case, including the 2,896
authority to conduct arraignment, accept pleas, enter findings 2,897
and dispositions, conduct trials, order treatment, and if 2,898
treatment is not successfully completed pronounce and enter 2,899
sentence.
A judge of the general division of the court of common 2,901
pleas of Hamilton County and a judge of the Hamilton County 2,903
municipal court may refer to the drug court judge any case, and 2,904
any companion cases, the judge determines meet the criteria 2,905
described under divisions (B)(3)(a) and (b) of this section. If 2,907
the drug court judge accepts referral of a referred case, the 2,908
case, and any companion cases, shall be transferred to the drug 2,910
67
court judge. A judge may refer a case meeting the criteria
described in divisions (B)(3)(a) and (b) of this section that 2,912
involves a violation of a term of probation to the drug court 2,913
judge, and, if the drug court judge accepts the referral, the 2,915
referring judge and the drug court judge have concurrent 2,916
jurisdiction over the case.
A judge of the general division of the court of common 2,918
pleas of Hamilton County and a judge of the Hamilton County 2,919
municipal court may refer a case to the drug court judge under 2,920
division (B)(3) of this section if the judge determines that both 2,921
of the following apply:
(a) One of the following applies: 2,923
(i) The case involves a drug abuse offense, as defined in 2,925
section 2925.01 of the Revised Code, that is a felony of the 2,927
third or fourth degree if the offense is committed prior to July 2,928
1, 1996, a felony of the third, fourth, or fifth degree if the 2,929
offense is committed on or after July 1, 1996, or a misdemeanor. 2,930
(ii) The case involves a theft offense, as defined in 2,932
section 2913.01 of the Revised Code, that is a felony of the 2,934
third or fourth degree if the offense is committed prior to July 2,935
1, 1996, a felony of the third, fourth, or fifth degree if the 2,936
offense is committed on or after July 1, 1996, or a misdemeanor, 2,937
and the defendant is drug or alcohol dependent or in danger of 2,938
becoming drug or alcohol dependent and would benefit from 2,939
treatment.
(b) All of the following apply: 2,941
(i) The case involves a probationable offense or a case in 2,943
which a mandatory prison term is not required to be imposed. 2,944
(ii) The defendant has no history of violent behavior. 2,946
(iii) The defendant has no history of mental illness. 2,948
(iv) The defendant's current or past behavior, or both, is 2,950
drug or alcohol driven. 2,951
(v) The defendant demonstrates a sincere willingness to 2,953
participate in a fifteen-month treatment process. 2,954
68
(vi) The defendant has no acute health condition. 2,956
(vii) If the defendant is incarcerated, the county 2,958
prosecutor approves of the referral. 2,959
(4) If the administrative judge of the court of common 2,961
pleas of Hamilton county determines that the volume of cases 2,962
pending before the drug court judge does not constitute a 2,963
sufficient caseload for the drug court judge, the administrative 2,964
judge, in accordance with the Rules of Superintendence for Courts 2,965
of Common Pleas, shall assign individual cases to the drug court 2,966
judge from the general docket of the court. If the assignments 2,967
so occur, the administrative judge shall cease the assignments 2,968
when the administrative judge determines that the volume of cases 2,969
pending before the drug court judge constitutes a sufficient 2,970
caseload for the drug court judge.
(C) In Lorain county, the judges of the court of common 2,972
pleas whose terms begin on January 3, 1959, January 4, 1989, and 2,973
January 2, 1999, and successors, shall have the same 2,975
qualifications, exercise the same powers and jurisdiction, and 2,976
receive the same compensation as the other judges of the court of 2,977
common pleas of Lorain county and shall be elected and designated 2,978
as the judges of the court of common pleas, division of domestic 2,979
relations. They shall have all of the powers relating to 2,980
juvenile courts, and all cases under Chapter 2151. of the Revised 2,981
Code, all parentage proceedings over which the juvenile court has 2,982
jurisdiction, and all divorce, dissolution of marriage, legal 2,983
separation, and annulment cases shall be assigned to them, except 2,984
cases that for some special reason are assigned to some other 2,985
judge of the court of common pleas. 2,986
(D)(1) In Lucas county, the judges of the court of common 2,988
pleas whose terms begin on January 1, 1955, and January 3, 1965, 2,989
and successors, shall have the same qualifications, exercise the 2,990
same powers and jurisdiction, and receive the same compensation 2,991
as other judges of the court of common pleas of Lucas county and 2,992
shall be elected and designated as judges of the court of common 2,993
69
pleas, division of domestic relations. All divorce, dissolution 2,994
of marriage, legal separation, and annulment cases shall be 2,995
assigned to them. 2,996
The judge of the division of domestic relations, senior in 2,998
point of service, shall be considered as the presiding judge of 2,999
the court of common pleas, division of domestic relations, and 3,000
shall be charged exclusively with the assignment and division of 3,001
the work of the division and the employment and supervision of 3,002
all other personnel of the domestic relations division. 3,003
(2) The judges of the court of common pleas whose terms 3,005
begin on January 5, 1977, and January 2, 1991, and successors 3,006
shall have the same qualifications, exercise the same powers and 3,007
jurisdiction, and receive the same compensation as other judges 3,008
of the court of common pleas of Lucas county, shall be elected 3,009
and designated as judges of the court of common pleas, juvenile 3,010
division, and shall be the juvenile judges as provided in Chapter 3,011
2151. of the Revised Code with the powers and jurisdictions 3,012
conferred by that chapter. In addition to the judge's regular 3,014
duties, the judge of the court of common pleas, juvenile 3,015
division, senior in point of service, shall be the administrator 3,016
of the juvenile division and its subdivisions and departments and 3,017
shall have charge of the employment, assignment, and supervision 3,018
of the personnel of the division engaged in handling, servicing, 3,019
or investigating juvenile cases, including any referees 3,020
considered necessary by the judges of the division in the 3,021
discharge of their various duties. 3,022
The judge of the court of common pleas, juvenile division, 3,024
senior in point of service, also shall designate the title, 3,025
compensation, expense allowance, hours, leaves of absence, and 3,026
vacation of the personnel of the division and shall fix the 3,027
duties of the personnel of the division. The duties of the 3,028
personnel, in addition to other statutory duties include the 3,029
handling, servicing, and investigation of juvenile cases and 3,030
counseling and conciliation services that may be made available 3,031
70
to persons requesting them, whether or not the persons are 3,032
parties to an action pending in the division. 3,033
(3) If one of the judges of the court of common pleas, 3,035
division of domestic relations, or one of the judges of the 3,036
juvenile division is sick, absent, or unable to perform that 3,037
judge's judicial duties or the volume of cases pending in that 3,039
judge's division necessitates it, the duties shall be performed 3,040
by the judges of the other of those divisions. 3,042
(E)(1) In Mahoning county, the judge of the court of 3,044
common pleas whose term began on January 1, 1955, and successors, 3,045
shall have the same qualifications, exercise the same powers and 3,046
jurisdiction, and receive the same compensation as other judges 3,047
of the court of common pleas of Mahoning county, shall be elected 3,048
and designated as judge of the court of common pleas, division of 3,049
domestic relations, and shall be assigned all the divorce, 3,052
dissolution of marriage, legal separation, and annulment cases 3,053
coming before the court. In addition to the judge's regular 3,054
duties, the judge of the court of common pleas, division of
domestic relations, shall be the administrator of the domestic 3,055
relations division and its subdivisions and departments and shall 3,056
have charge of the employment, assignment, and supervision of the 3,057
personnel of the division engaged in handling, servicing, or 3,058
investigating divorce, dissolution of marriage, legal separation, 3,059
and annulment cases, including any referees considered necessary 3,060
in the discharge of the various duties of the judge's office. 3,062
The judge also shall designate the title, compensation, 3,064
expense allowances, hours, leaves of absence, and vacations of 3,065
the personnel of the division and shall fix the duties of the 3,066
personnel of the division. The duties of the personnel, in 3,067
addition to other statutory duties, include the handling, 3,068
servicing, and investigation of divorce, dissolution of marriage, 3,069
legal separation, and annulment cases and counseling and 3,070
conciliation services that may be made available to persons 3,071
requesting them, whether or not the persons are parties to an 3,072
71
action pending in the division. 3,073
(2) The judge of the court of common pleas whose term 3,075
began on January 2, 1969, and successors, shall have the same 3,076
qualifications, exercise the same powers and jurisdiction, and 3,077
receive the same compensation as other judges of the court of 3,078
common pleas of Mahoning county, shall be elected and designated 3,079
as judge of the court of common pleas, juvenile division, and 3,080
shall be the juvenile judge as provided in Chapter 2151. of the 3,081
Revised Code, with the powers and jurisdictions conferred by that 3,082
chapter. In addition to the judge's regular duties, the judge of 3,084
the court of common pleas, juvenile division, shall be the 3,085
administrator of the juvenile division and its subdivisions and 3,086
departments and shall have charge of the employment, assignment, 3,087
and supervision of the personnel of the division engaged in 3,088
handling, servicing, or investigating juvenile cases, including 3,089
any referees considered necessary by the judge in the discharge 3,090
of the judge's various duties. 3,091
The judge also shall designate the title, compensation, 3,093
expense allowances, hours, leaves of absence, and vacation of the 3,094
personnel of the division and shall fix the duties of the 3,095
personnel of the division. The duties of the personnel, in 3,096
addition to other statutory duties, include the handling, 3,097
servicing, and investigation of juvenile cases and counseling and 3,098
conciliation services that may be made available to persons 3,099
requesting them, whether or not the persons are parties to an 3,100
action pending in the division. 3,101
(3) If a judge of the court of common pleas, division of 3,103
domestic relations or juvenile division, is sick, absent, or 3,104
unable to perform that judge's judicial duties, or the volume of 3,106
cases pending in that judge's division necessitates it, that 3,108
judge's duties shall be performed by another judge of the court 3,109
of common pleas.
(F)(1) In Montgomery county, the judges of the court of 3,111
common pleas whose terms begin on January 2, 1953, and January 4, 3,112
72
1977, and successors, shall have the same qualifications, 3,113
exercise the same powers and jurisdiction, and receive the same 3,114
compensation as other judges of the court of common pleas of 3,115
Montgomery county and shall be elected and designated as judges 3,116
of the court of common pleas, division of domestic relations. 3,117
These judges shall have assigned to them all divorce, dissolution 3,118
of marriage, legal separation, and annulment cases. 3,119
The judge of the division of domestic relations, senior in 3,121
point of service, shall be charged exclusively with the 3,122
assignment and division of the work of the division and shall 3,123
have charge of the employment and supervision of the personnel of 3,124
the division engaged in handling, servicing, or investigating 3,125
divorce, dissolution of marriage, legal separation, and annulment 3,126
cases, including any necessary referees, except those employees 3,127
who may be appointed by the judge, junior in point of service, 3,128
under this section and sections 2301.12, 2301.18, and 2301.19 of 3,129
the Revised Code. The judge of the division of domestic 3,130
relations, senior in point of service, also shall designate the 3,131
title, compensation, expense allowances, hours, leaves of 3,132
absence, and vacation of the personnel of the division and shall 3,133
fix their duties. 3,134
(2) The judges of the court of common pleas whose terms 3,136
begin on January 1, 1953, and January 1, 1993, and successors, 3,137
shall have the same qualifications, exercise the same powers and 3,138
jurisdiction, and receive the same compensation as other judges 3,139
of the court of common pleas of Montgomery county, shall be 3,140
elected and designated as judges of the court of common pleas, 3,141
juvenile division, and shall be, and have the powers and 3,142
jurisdiction of, the juvenile judge as provided in Chapter 2151. 3,143
of the Revised Code. 3,144
In addition to the judge's regular duties, the judge of the 3,146
court of common pleas, juvenile division, senior in point of 3,148
service, shall be the administrator of the juvenile division and 3,149
its subdivisions and departments and shall have charge of the 3,150
73
employment, assignment, and supervision of the personnel of the 3,151
juvenile division, including any necessary referees, who are 3,152
engaged in handling, servicing, or investigating juvenile cases. 3,153
The judge, senior in point of service, also shall designate the 3,154
title, compensation, expense allowances, hours, leaves of 3,155
absence, and vacation of the personnel of the division and shall 3,156
fix their duties. The duties of the personnel, in addition to 3,157
other statutory duties, shall include the handling, servicing, 3,158
and investigation of juvenile cases and of any counseling and 3,159
conciliation services that are available upon request to persons, 3,160
whether or not they are parties to an action pending in the 3,161
division. 3,162
If one of the judges of the court of common pleas, division 3,164
of domestic relations, or one of the judges of the court of 3,165
common pleas, juvenile division, is sick, absent, or unable to 3,166
perform that judge's duties or the volume of cases pending in 3,168
that judge's division necessitates it, the duties of that judge 3,170
may be performed by the judge or judges of the other of those 3,171
divisions.
(G) In Richland county, the judge of the court of common 3,173
pleas whose term begins on January 1, 1957, and successors, shall 3,174
have the same qualifications, exercise the same powers and 3,175
jurisdiction, and receive the same compensation as the other 3,176
judges of the court of common pleas of Richland county and shall 3,177
be elected and designated as judge of the court of common pleas, 3,178
division of domestic relations. That judge shall have all of the 3,180
powers relating to juvenile courts, and all cases under Chapter 3,181
2151. of the Revised Code, all parentage proceedings over which 3,182
the juvenile court has jurisdiction, and all divorce, dissolution 3,183
of marriage, legal separation, and annulment cases shall be 3,184
assigned to that judge, except in cases that for some special 3,185
reason are assigned to some other judge of the court of common 3,187
pleas.
(H) In Stark county, the judges of the court of common 3,189
74
pleas whose terms begin on January 1, 1953, January 2, 1959, and 3,190
January 1, 1993, and successors, shall have the same 3,191
qualifications, exercise the same powers and jurisdiction, and 3,192
receive the same compensation as other judges of the court of 3,193
common pleas of Stark county and shall be elected and designated 3,194
as judges of the court of common pleas, division of domestic 3,195
relations. They shall have all the powers relating to juvenile 3,196
courts, and all cases under Chapter 2151. of the Revised Code, 3,197
all parentage proceedings over which the juvenile court has 3,198
jurisdiction, and all divorce, dissolution of marriage, legal 3,199
separation, and annulment cases, except cases that are assigned 3,200
to some other judge of the court of common pleas for some special 3,201
reason, shall be assigned to the judges. 3,202
The judge of the division of domestic relations, second 3,204
most senior in point of service, shall have charge of the 3,205
employment and supervision of the personnel of the division 3,206
engaged in handling, servicing, or investigating divorce, 3,207
dissolution of marriage, legal separation, and annulment cases, 3,208
and necessary referees required for the judge's respective court. 3,210
The judge of the division of domestic relations, senior in 3,212
point of service, shall be charged exclusively with the 3,213
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 3,214
of the Revised Code and with the assignment and division of the 3,215
work of the division and the employment and supervision of all 3,216
other personnel of the division, including, but not limited to, 3,217
that judge's necessary referees, but excepting those employees 3,219
who may be appointed by the judge second most senior in point of 3,220
service. The senior judge further shall serve in every other 3,222
position in which the statutes permit or require a juvenile judge 3,223
to serve.
(I) In Summit county: 3,225
(1) The judges of the court of common pleas whose terms 3,227
begin on January 4, 1967, and January 6, 1993, and successors, 3,228
shall have the same qualifications, exercise the same powers and 3,229
75
jurisdiction, and receive the same compensation as other judges 3,230
of the court of common pleas of Summit county and shall be 3,231
elected and designated as judges of the court of common pleas, 3,232
division of domestic relations. The judges of the division of 3,233
domestic relations shall have assigned to them and hear all 3,234
divorce, dissolution of marriage, legal separation, and annulment 3,235
cases that come before the court. Except in cases that are 3,237
subject to the exclusive original jurisdiction of the juvenile 3,238
court, the judges of the division of domestic relations shall 3,239
have assigned to them and hear all cases pertaining to paternity, 3,240
custody, visitation, child support, or the allocation of parental 3,241
rights and responsibilities for the care of children and all 3,242
post-decree proceedings arising from any case pertaining to any 3,243
of those matters. The judges of the division of domestic 3,244
relations shall have assigned to them and hear all proceedings 3,245
under the uniform interstate family support act contained in 3,246
Chapter 3115. of the Revised Code.
The judge of the division of domestic relations, senior in 3,248
point of service, shall be the administrator of the domestic 3,249
relations division and its subdivisions and departments and shall 3,250
have charge of the employment, assignment, and supervision of the 3,251
personnel of the division, including any necessary referees, who 3,252
are engaged in handling, servicing, or investigating divorce, 3,253
dissolution of marriage, legal separation, and annulment cases. 3,254
That judge also shall designate the title, compensation, expense 3,255
allowances, hours, leaves of absence, and vacations of the 3,256
personnel of the division and shall fix their duties. The duties 3,257
of the personnel, in addition to other statutory duties, shall 3,258
include the handling, servicing, and investigation of divorce, 3,259
dissolution of marriage, legal separation, and annulment cases 3,260
and of any counseling and conciliation services that are 3,261
available upon request to all persons, whether or not they are 3,262
parties to an action pending in the division. 3,263
(2) The judge of the court of common pleas whose term 3,265
76
begins on January 1, 1955, and successors, shall have the same 3,266
qualifications, exercise the same powers and jurisdiction, and 3,267
receive the same compensation as other judges of the court of 3,268
common pleas of Summit county, shall be elected and designated as 3,269
judge of the court of common pleas, juvenile division, and shall 3,270
be, and have the powers and jurisdiction of, the juvenile judge 3,271
as provided in Chapter 2151. of the Revised Code. Except in 3,273
cases that are subject to the exclusive original jurisdiction of 3,274
the juvenile court, the judge of the juvenile division shall not 3,275
have jurisdiction or the power to hear, and shall not be
assigned, any case pertaining to paternity, custody, visitation, 3,276
child support, or the allocation of parental rights and 3,277
responsibilities for the care of children or any post-decree 3,278
proceeding arising from any case pertaining to any of those 3,279
matters. The judge of the juvenile division shall not have 3,280
jurisdiction or the power to hear, and shall not be assigned, any 3,281
proceeding under the uniform interstate family support act 3,282
contained in Chapter 3115. of the Revised Code.
The juvenile judge shall be the administrator of the 3,284
juvenile division and its subdivisions and departments and shall 3,285
have charge of the employment, assignment, and supervision of the 3,286
personnel of the juvenile division, including any necessary 3,287
referees, who are engaged in handling, servicing, or 3,288
investigating juvenile cases. The judge also shall designate the 3,289
title, compensation, expense allowances, hours, leaves of 3,290
absence, and vacation of the personnel of the division and shall 3,291
fix their duties. The duties of the personnel, in addition to 3,292
other statutory duties, shall include the handling, servicing, 3,293
and investigation of juvenile cases and of any counseling and 3,294
conciliation services that are available upon request to persons, 3,295
whether or not they are parties to an action pending in the 3,296
division. 3,297
(J) In Trumbull county, the judges of the court of common 3,299
pleas whose terms begin on January 1, 1953, and January 2, 1977, 3,300
77
and successors, shall have the same qualifications, exercise the 3,301
same powers and jurisdiction, and receive the same compensation 3,302
as other judges of the court of common pleas of Trumbull county 3,303
and shall be elected and designated as judges of the court of 3,304
common pleas, division of domestic relations. They shall have 3,305
all the powers relating to juvenile courts, and all cases under 3,306
Chapter 2151. of the Revised Code, all parentage proceedings over 3,307
which the juvenile court has jurisdiction, and all divorce, 3,308
dissolution of marriage, legal separation, and annulment cases 3,309
shall be assigned to them, except cases that for some special 3,310
reason are assigned to some other judge of the court of common 3,311
pleas. 3,312
(K) In Butler county: 3,314
(1) The judges of the court of common pleas whose terms 3,316
begin on January 1, 1957, and January 4, 1993, and successors, 3,317
shall have the same qualifications, exercise the same powers and 3,318
jurisdiction, and receive the same compensation as other judges 3,319
of the court of common pleas of Butler county and shall be 3,320
elected and designated as judges of the court of common pleas, 3,321
division of domestic relations. The judges of the division of 3,322
domestic relations shall have assigned to them all divorce, 3,323
dissolution of marriage, legal separation, and annulment cases 3,324
coming before the court, except in cases that for some special 3,325
reason are assigned to some other judge of the court of common 3,326
pleas. The judge senior in point of service shall be charged 3,327
with the assignment and division of the work of the division and 3,328
with the employment and supervision of all other personnel of the 3,329
domestic relations division. 3,330
The judge senior in point of service also shall designate 3,332
the title, compensation, expense allowances, hours, leaves of 3,333
absence, and vacations of the personnel of the division and shall 3,334
fix their duties. The duties of the personnel, in addition to 3,335
other statutory duties, shall include the handling, servicing, 3,336
and investigation of divorce, dissolution of marriage, legal 3,337
78
separation, and annulment cases and providing any counseling and 3,338
conciliation services that the division makes available to 3,339
persons, whether or not the persons are parties to an action 3,340
pending in the division, who request the services. 3,341
(2) The judge of the court of common pleas whose term 3,343
begins on January 3, 1987, and successors, shall have the same 3,344
qualifications, exercise the same powers and jurisdiction, and 3,345
receive the same compensation as other judges of the court of 3,346
common pleas of Butler county, shall be elected and designated as 3,347
judge of the court of common pleas, juvenile division, and shall 3,348
be the juvenile judge as provided in Chapter 2151. of the Revised 3,349
Code, with the powers and jurisdictions conferred by that 3,350
chapter. The judge of the court of common pleas, juvenile 3,351
division, shall be the administrator of the juvenile division and 3,352
its subdivisions and departments. The judge shall have charge of 3,353
the employment, assignment, and supervision of the personnel of 3,354
the juvenile division who are engaged in handling, servicing, or 3,355
investigating juvenile cases, including any referees whom the 3,356
judge considers necessary for the discharge of the judge's 3,357
various duties. 3,358
The judge also shall designate the title, compensation, 3,360
expense allowances, hours, leaves of absence, and vacation of the 3,361
personnel of the division and shall fix their duties. The duties 3,362
of the personnel, in addition to other statutory duties, include 3,363
the handling, servicing, and investigation of juvenile cases and 3,364
providing any counseling and conciliation services that the 3,365
division makes available to persons, whether or not the persons 3,366
are parties to an action pending in the division, who request the 3,367
services. 3,368
(3) If a judge of the court of common pleas, division of 3,370
domestic relations or juvenile division, is sick, absent, or 3,371
unable to perform that judge's judicial duties or the volume of 3,373
cases pending in the judge's division necessitates it, the duties 3,375
of that judge shall be performed by the other judges of the 3,376
79
domestic relations and juvenile divisions. 3,377
(L)(1) In Cuyahoga county, the judges of the court of 3,379
common pleas whose terms begin on January 8, 1961, January 9, 3,380
1961, January 18, 1975, January 19, 1975, and January 13, 1987, 3,381
and successors, shall have the same qualifications, exercise the 3,382
same powers and jurisdiction, and receive the same compensation 3,383
as other judges of the court of common pleas of Cuyahoga county 3,384
and shall be elected and designated as judges of the court of 3,385
common pleas, division of domestic relations. They shall have 3,386
all the powers relating to all divorce, dissolution of marriage, 3,387
legal separation, and annulment cases, except in cases that are 3,388
assigned to some other judge of the court of common pleas for 3,389
some special reason. 3,390
(2) The administrative judge is administrator of the 3,392
domestic relations division and its subdivisions and departments 3,393
and has the following powers concerning division personnel: 3,394
(a) Full charge of the employment, assignment, and 3,396
supervision; 3,397
(b) Sole determination of compensation, duties, expenses, 3,399
allowances, hours, leaves, and vacations. 3,400
(3) "Division personnel" include persons employed or 3,402
referees engaged in hearing, servicing, investigating, 3,403
counseling, or conciliating divorce, dissolution of marriage, 3,404
legal separation and annulment matters. 3,405
(M) In Lake county: 3,407
(1) The judge of the court of common pleas whose term 3,409
begins on January 2, 1961, and successors, shall have the same 3,410
qualifications, exercise the same powers and jurisdiction, and 3,411
receive the same compensation as the other judges of the court of 3,412
common pleas of Lake county and shall be elected and designated 3,413
as judge of the court of common pleas, division of domestic 3,414
relations. The judge shall be assigned all the divorce, 3,416
dissolution of marriage, legal separation, and annulment cases 3,417
coming before the court, except in cases that for some special 3,418
80
reason are assigned to some other judge of the court of common 3,419
pleas. The judge shall be charged with the assignment and 3,420
division of the work of the division and with the employment and 3,421
supervision of all other personnel of the domestic relations 3,422
division. 3,423
The judge also shall designate the title, compensation, 3,425
expense allowances, hours, leaves of absence, and vacations of 3,426
the personnel of the division and shall fix their duties. The 3,427
duties of the personnel, in addition to other statutory duties, 3,428
shall include the handling, servicing, and investigation of 3,429
divorce, dissolution of marriage, legal separation, and annulment 3,430
cases and providing any counseling and conciliation services that 3,431
the division makes available to persons, whether or not the 3,432
persons are parties to an action pending in the division, who 3,433
request the services. 3,434
(2) The judge of the court of common pleas whose term 3,436
begins on January 4, 1979, and successors, shall have the same 3,437
qualifications, exercise the same powers and jurisdiction, and 3,438
receive the same compensation as other judges of the court of 3,439
common pleas of Lake county, shall be elected and designated as 3,440
judge of the court of common pleas, juvenile division, and shall 3,441
be the juvenile judge as provided in Chapter 2151. of the Revised 3,442
Code, with the powers and jurisdictions conferred by that 3,443
chapter. The judge of the court of common pleas, juvenile 3,444
division, shall be the administrator of the juvenile division and 3,445
its subdivisions and departments. The judge shall have charge of 3,446
the employment, assignment, and supervision of the personnel of 3,447
the juvenile division who are engaged in handling, servicing, or 3,448
investigating juvenile cases, including any referees whom the 3,449
judge considers necessary for the discharge of the judge's 3,450
various duties. 3,451
The judge also shall designate the title, compensation, 3,453
expense allowances, hours, leaves of absence, and vacation of the 3,454
personnel of the division and shall fix their duties. The duties 3,455
81
of the personnel, in addition to other statutory duties, include 3,456
the handling, servicing, and investigation of juvenile cases and 3,457
providing any counseling and conciliation services that the 3,458
division makes available to persons, whether or not the persons 3,459
are parties to an action pending in the division, who request the 3,460
services. 3,461
(3) If a judge of the court of common pleas, division of 3,463
domestic relations or juvenile division, is sick, absent, or 3,464
unable to perform that judge's judicial duties or the volume of 3,466
cases pending in the judge's division necessitates it, the duties 3,468
of that judge shall be performed by the other judges of the 3,469
domestic relations and juvenile divisions. 3,470
(N) In Erie county, the judge of the court of common pleas 3,472
whose term begins on January 2, 1971, and successors, shall have 3,473
the same qualifications, exercise the same powers and 3,474
jurisdiction, and receive the same compensation as the other 3,475
judge of the court of common pleas of Erie county and shall be 3,476
elected and designated as judge of the court of common pleas, 3,477
division of domestic relations. The judge shall have all the 3,478
powers relating to juvenile courts, and shall be assigned all 3,479
cases under Chapter 2151. of the Revised Code, parentage 3,481
proceedings over which the juvenile court has jurisdiction, and 3,483
divorce, dissolution of marriage, legal separation, and annulment 3,484
cases, except cases that for some special reason are assigned to 3,485
some other judge. 3,486
(O) In Greene county: 3,488
(1) The judge of the court of common pleas whose term 3,490
begins on January 1, 1961, and successors, shall have the same 3,491
qualifications, exercise the same powers and jurisdiction, and 3,492
receive the same compensation as the other judges of the court of 3,493
common pleas of Greene county and shall be elected and designated 3,494
as the judge of the court of common pleas, division of domestic 3,495
relations. The judge shall be assigned all divorce, dissolution 3,497
of marriage, legal separation, annulment, uniform reciprocal 3,498
82
support enforcement, and domestic violence cases and all other 3,499
cases related to domestic relations, except cases that for some 3,500
special reason are assigned to some other judge of the court of 3,501
common pleas.
The judge shall be charged with the assignment and division 3,503
of the work of the division and with the employment and 3,504
supervision of all other personnel of the division. The judge 3,506
also shall designate the title, compensation, hours, leaves of 3,508
absence, and vacations of the personnel of the division and shall 3,509
fix their duties. The duties of the personnel of the division, 3,510
in addition to other statutory duties, shall include the 3,511
handling, servicing, and investigation of divorce, dissolution of 3,512
marriage, legal separation, and annulment cases and the provision 3,513
of counseling and conciliation services that the division 3,514
considers necessary and makes available to persons who request 3,515
the services, whether or not the persons are parties in an action 3,516
pending in the division. The compensation for the personnel 3,517
shall be paid from the overall court budget and shall be included 3,518
in the appropriations for the existing judges of the general 3,519
division of the court of common pleas.
(2) The judge of the court of common pleas whose term 3,521
begins on January 1, 1995, and successors, shall have the same 3,522
qualifications, exercise the same powers and jurisdiction, and 3,523
receive the same compensation as the other judges of the court of 3,524
common pleas of Greene county, shall be elected and designated as 3,525
judge of the court of common pleas, juvenile division, and, on or 3,526
after January 1, 1995, shall be the juvenile judge as provided in 3,527
Chapter 2151. of the Revised Code with the powers and 3,528
jurisdiction conferred by that chapter. The judge of the court 3,529
of common pleas, juvenile division, shall be the administrator of 3,530
the juvenile division and its subdivisions and departments. The 3,531
judge shall have charge of the employment, assignment, and 3,532
supervision of the personnel of the juvenile division who are 3,533
engaged in handling, servicing, or investigating juvenile cases, 3,534
83
including any referees whom the judge considers necessary for the 3,535
discharge of the judge's various duties. 3,536
The judge also shall designate the title, compensation, 3,538
expense allowances, hours, leaves of absence, and vacation of the 3,539
personnel of the division and shall fix their duties. The duties 3,540
of the personnel, in addition to other statutory duties, include 3,541
the handling, servicing, and investigation of juvenile cases and 3,542
providing any counseling and conciliation services that the court 3,543
makes available to persons, whether or not the persons are 3,544
parties to an action pending in the court, who request the 3,545
services. 3,546
(3) If one of the judges of the court of common pleas, 3,548
general division, is sick, absent, or unable to perform that 3,549
judge's judicial duties or the volume of cases pending in the 3,550
general division necessitates it, the duties of that judge of the 3,552
general division shall be performed by the judge of the division 3,553
of domestic relations and the judge of the juvenile division. 3,554
(P) In Portage county, the judge of the court of common 3,556
pleas, whose term begins January 2, 1987, and successors, shall 3,557
have the same qualifications, exercise the same powers and 3,558
jurisdiction, and receive the same compensation as the other 3,559
judges of the court of common pleas of Portage county and shall 3,560
be elected and designated as judge of the court of common pleas, 3,561
division of domestic relations. The judge shall be assigned all 3,563
divorce, dissolution of marriage, legal separation, and annulment 3,565
cases coming before the court, except in cases that for some 3,566
special reason are assigned to some other judge of the court of 3,567
common pleas. The judge shall be charged with the assignment and 3,568
division of the work of the division and with the employment and 3,569
supervision of all other personnel of the domestic relations 3,570
division.
The judge also shall designate the title, compensation, 3,572
expense allowances, hours, leaves of absence, and vacations of 3,573
the personnel of the division and shall fix their duties. The 3,574
84
duties of the personnel, in addition to other statutory duties, 3,575
shall include the handling, servicing, and investigation of 3,576
divorce, dissolution of marriage, legal separation, and annulment 3,577
cases and providing any counseling and conciliation services that 3,578
the division makes available to persons, whether or not the 3,579
persons are parties to an action pending in the division, who 3,580
request the services. 3,581
(Q) In Clermont county, the judge of the court of common 3,583
pleas, whose term begins January 2, 1987, and successors, shall 3,584
have the same qualifications, exercise the same powers and 3,585
jurisdiction, and receive the same compensation as the other 3,586
judges of the court of common pleas of Clermont county and shall 3,587
be elected and designated as judge of the court of common pleas, 3,588
division of domestic relations. The judge shall be assigned all 3,590
divorce, dissolution of marriage, legal separation, and annulment 3,592
cases coming before the court, except in cases that for some 3,593
special reason are assigned to some other judge of the court of 3,594
common pleas. The judge shall be charged with the assignment and 3,595
division of the work of the division and with the employment and 3,596
supervision of all other personnel of the domestic relations 3,597
division.
The judge also shall designate the title, compensation, 3,599
expense allowances, hours, leaves of absence, and vacations of 3,600
the personnel of the division and shall fix their duties. The 3,601
duties of the personnel, in addition to other statutory duties, 3,602
shall include the handling, servicing, and investigation of 3,603
divorce, dissolution of marriage, legal separation, and annulment 3,604
cases and providing any counseling and conciliation services that 3,605
the division makes available to persons, whether or not the 3,606
persons are parties to an action pending in the division, who 3,607
request the services. 3,608
(R) In Warren county, the judge of the court of common 3,610
pleas, whose term begins January 1, 1987, and successors, shall 3,611
have the same qualifications, exercise the same powers and 3,612
85
jurisdiction, and receive the same compensation as the other 3,613
judges of the court of common pleas of Warren county and shall be 3,614
elected and designated as judge of the court of common pleas, 3,615
division of domestic relations. The judge shall be assigned all 3,617
divorce, dissolution of marriage, legal separation, and annulment 3,619
cases coming before the court, except in cases that for some 3,620
special reason are assigned to some other judge of the court of 3,621
common pleas. The judge shall be charged with the assignment and 3,622
division of the work of the division and with the employment and 3,623
supervision of all other personnel of the domestic relations 3,624
division.
The judge also shall designate the title, compensation, 3,626
expense allowances, hours, leaves of absence, and vacations of 3,627
the personnel of the division and shall fix their duties. The 3,628
duties of the personnel, in addition to other statutory duties, 3,629
shall include the handling, servicing, and investigation of 3,630
divorce, dissolution of marriage, legal separation, and annulment 3,631
cases and providing any counseling and conciliation services that 3,632
the division makes available to persons, whether or not the 3,633
persons are parties to an action pending in the division, who 3,634
request the services. 3,635
(S) In Licking county, the judge of the court of common 3,637
pleas, whose term begins January 1, 1991, and successors, shall 3,638
have the same qualifications, exercise the same powers and 3,639
jurisdiction, and receive the same compensation as the other 3,640
judges of the court of common pleas of Licking county and shall 3,641
be elected and designated as judge of the court of common pleas, 3,642
division of domestic relations. The judge shall be assigned all 3,644
divorce, dissolution of marriage, legal separation, and annulment 3,646
cases, all cases arising under Chapter 3111. of the Revised Code, 3,647
all proceedings involving child support, the allocation of 3,648
parental rights and responsibilities for the care of children and 3,649
the designation for the children of a place of residence and 3,650
legal custodian, PARENTING TIME, and visitation, and all 3,651
86
post-decree proceedings and matters arising from those cases and 3,652
proceedings, except in cases that for some special reason are 3,653
assigned to another judge of the court of common pleas. The 3,654
judge shall be charged with the assignment and division of the 3,655
work of the division and with the employment and supervision of 3,656
the personnel of the division. 3,657
The judge shall designate the title, compensation, expense 3,659
allowances, hours, leaves of absence, and vacations of the 3,660
personnel of the division and shall fix the duties of the 3,661
personnel of the division. The duties of the personnel of the 3,662
division, in addition to other statutory duties, shall include 3,663
the handling, servicing, and investigation of divorce, 3,664
dissolution of marriage, legal separation, and annulment cases, 3,665
cases arising under Chapter 3111. of the Revised Code, and 3,666
proceedings involving child support, the allocation of parental 3,667
rights and responsibilities for the care of children and the 3,668
designation for the children of a place of residence and legal 3,669
custodian, PARENTING TIME, and visitation and providing any 3,670
counseling and conciliation services that the division makes 3,672
available to persons, whether or not the persons are parties to 3,673
an action pending in the division, who request the services. 3,674
(T) In Allen county, the judge of the court of common 3,676
pleas, whose term begins January 1, 1993, and successors, shall 3,677
have the same qualifications, exercise the same powers and 3,678
jurisdiction, and receive the same compensation as the other 3,679
judges of the court of common pleas of Allen county and shall be 3,680
elected and designated as judge of the court of common pleas, 3,681
division of domestic relations. The judge shall be assigned all 3,683
divorce, dissolution of marriage, legal separation, and annulment 3,685
cases, all cases arising under Chapter 3111. of the Revised Code, 3,686
all proceedings involving child support, the allocation of 3,687
parental rights and responsibilities for the care of children and 3,688
the designation for the children of a place of residence and 3,689
legal custodian, PARENTING TIME, and visitation, and all 3,690
87
post-decree proceedings and matters arising from those cases and 3,691
proceedings, except in cases that for some special reason are 3,692
assigned to another judge of the court of common pleas. The 3,693
judge shall be charged with the assignment and division of the 3,694
work of the division and with the employment and supervision of 3,695
the personnel of the division. 3,696
The judge shall designate the title, compensation, expense 3,698
allowances, hours, leaves of absence, and vacations of the 3,699
personnel of the division and shall fix the duties of the 3,700
personnel of the division. The duties of the personnel of the 3,701
division, in addition to other statutory duties, shall include 3,702
the handling, servicing, and investigation of divorce, 3,703
dissolution of marriage, legal separation, and annulment cases, 3,704
cases arising under Chapter 3111. of the Revised Code, and 3,705
proceedings involving child support, the allocation of parental 3,706
rights and responsibilities for the care of children and the 3,707
designation for the children of a place of residence and legal 3,708
custodian, PARENTING TIME, and visitation, and providing any 3,709
counseling and conciliation services that the division makes 3,711
available to persons, whether or not the persons are parties to 3,712
an action pending in the division, who request the services. 3,713
(U) In Medina county, the judge of the court of common 3,715
pleas whose term begins January 1, 1995, and successors, shall 3,716
have the same qualifications, exercise the same powers and 3,717
jurisdiction, and receive the same compensation as other judges 3,718
of the court of common pleas of Medina county and shall be 3,719
elected and designated as judge of the court of common pleas, 3,720
division of domestic relations. The judge shall be assigned all 3,722
divorce, dissolution of marriage, legal separation, and annulment 3,724
cases, all cases arising under Chapter 3111. of the Revised Code, 3,725
all proceedings involving child support, the allocation of 3,726
parental rights and responsibilities for the care of children and 3,727
the designation for the children of a place of residence and 3,728
legal custodian, PARENTING TIME, and visitation, and all 3,729
88
post-decree proceedings and matters arising from those cases and 3,730
proceedings, except in cases that for some special reason are 3,731
assigned to another judge of the court of common pleas. The 3,732
judge shall be charged with the assignment and division of the 3,733
work of the division and with the employment and supervision of 3,734
the personnel of the division. 3,735
The judge shall designate the title, compensation, expense 3,737
allowances, hours, leaves of absence, and vacations of the 3,738
personnel of the division and shall fix the duties of the 3,739
personnel of the division. The duties of the personnel, in 3,740
addition to other statutory duties, include the handling, 3,741
servicing, and investigation of divorce, dissolution of marriage, 3,742
legal separation, and annulment cases, cases arising under 3,743
Chapter 3111. of the Revised Code, and proceedings involving 3,744
child support, the allocation of parental rights and 3,745
responsibilities for the care of children and the designation for 3,746
the children of a place of residence and legal custodian, 3,747
PARENTING TIME, and visitation, and providing counseling and 3,748
conciliation services that the division makes available to 3,750
persons, whether or not the persons are parties to an action 3,751
pending in the division, who request the services. 3,752
(V) In Fairfield county, the judge of the court of common 3,754
pleas whose term begins January 2, 1995, and successors, shall 3,755
have the same qualifications, exercise the same powers and 3,756
jurisdiction, and receive the same compensation as the other 3,757
judges of the court of common pleas of Fairfield county and shall 3,758
be elected and designated as judge of the court of common pleas, 3,759
division of domestic relations. The judge shall be assigned all 3,761
divorce, dissolution of marriage, legal separation, and annulment 3,763
cases, all cases arising under Chapter 3111. of the Revised Code, 3,764
all proceedings involving child support, the allocation of 3,765
parental rights and responsibilities for the care of children and 3,766
the designation for the children of a place of residence and 3,767
legal custodian, PARENTING TIME, and visitation, and all 3,768
89
post-decree proceedings and matters arising from those cases and 3,769
proceedings, except in cases that for some special reason are 3,770
assigned to another judge of the court of common pleas. The 3,771
judge also has concurrent jurisdiction with the probate-juvenile 3,772
division of the court of common pleas of Fairfield county with 3,773
respect to and may hear cases to determine the custody of a 3,774
child, as defined in section 2151.011 of the Revised Code, who is 3,776
not the ward of another court of this state, cases that are
commenced by a parent, guardian, or custodian of a child, as 3,777
defined in section 2151.011 of the Revised Code, to obtain an 3,778
order requiring a parent of the child to pay child support for 3,779
that child when the request for that order is not ancillary to an
action for divorce, dissolution of marriage, annulment, or legal 3,780
separation, a criminal or civil action involving an allegation of 3,781
domestic violence, an action for support under Chapter 3115. of 3,782
the Revised Code, or an action that is within the exclusive 3,783
original jurisdiction of the probate-juvenile division of the 3,784
court of common pleas of Fairfield county and that involves an
allegation that the child is an abused, neglected, or dependent 3,785
child, and post-decree proceedings and matters arising from those 3,786
types of cases.
The judge of the domestic relations division shall be 3,788
charged with the assignment and division of the work of the 3,791
division and with the employment and supervision of the personnel 3,792
of the division.
The judge shall designate the title, compensation, expense 3,794
allowances, hours, leaves of absence, and vacations of the 3,795
personnel of the division and shall fix the duties of the 3,796
personnel of the division. The duties of the personnel of the 3,797
division, in addition to other statutory duties, shall include 3,798
the handling, servicing, and investigation of divorce, 3,799
dissolution of marriage, legal separation, and annulment cases, 3,800
cases arising under Chapter 3111. of the Revised Code, and 3,801
proceedings involving child support, the allocation of parental 3,802
90
rights and responsibilities for the care of children and the 3,803
designation for the children of a place of residence and legal 3,804
custodian, PARENTING TIME, and visitation, and providing any 3,805
counseling and conciliation services that the division makes 3,807
available to persons, regardless of whether the persons are 3,808
parties to an action pending in the division, who request the 3,809
services. When the judge hears a case to determine the custody 3,810
of a child, as defined in section 2151.011 of the Revised Code, 3,811
who is not the ward of another court of this state or a case that 3,812
is commenced by a parent, guardian, or custodian of a child, as 3,813
defined in section 2151.011 of the Revised Code, to obtain an
order requiring a parent of the child to pay child support for 3,814
that child when the request for that order is not ancillary to an 3,815
action for divorce, dissolution of marriage, annulment, or legal 3,816
separation, a criminal or civil action involving an allegation of 3,817
domestic violence, an action for support under Chapter 3115. of 3,818
the Revised Code, or an action that is within the exclusive 3,819
original jurisdiction of the probate-juvenile division of the
court of common pleas of Fairfield county and that involves an 3,821
allegation that the child is an abused, neglected, or dependent 3,822
child, the duties of the personnel of the domestic relations 3,823
division also include the handling, servicing, and investigation 3,824
of those types of cases.
(W)(1) In Clark county, the judge of the court of common 3,826
pleas whose term begins on January 2, 1995, and successors, shall 3,827
have the same qualifications, exercise the same powers and 3,828
jurisdiction, and receive the same compensation as other judges 3,829
of the court of common pleas of Clark county and shall be elected 3,830
and designated as judge of the court of common pleas, domestic 3,831
relations division. The judge shall have all the powers relating 3,833
to juvenile courts, and all cases under Chapter 2151. of the 3,834
Revised Code and all parentage proceedings under Chapter 3111. of 3,835
the Revised Code over which the juvenile court has jurisdiction 3,836
shall be assigned to the judge of the division of domestic 3,837
91
relations. All divorce, dissolution of marriage, legal 3,838
separation, annulment, uniform reciprocal support enforcement, 3,839
and other cases related to domestic relations shall be assigned 3,840
to the domestic relations division, and the presiding judge of 3,841
the court of common pleas shall assign the cases to the judge of 3,842
the domestic relations division and the judges of the general 3,843
division. 3,844
(2) In addition to the judge's regular duties, the judge 3,846
of the division of domestic relations shall serve on the children 3,848
services board and the county advisory board. 3,849
(3) If the judge of the court of common pleas of Clark 3,851
county, division of domestic relations, is sick, absent, or 3,852
unable to perform that judge's judicial duties or if the 3,853
presiding judge of the court of common pleas of Clark county 3,856
determines that the volume of cases pending in the division of 3,857
domestic relations necessitates it, the duties of the judge of 3,858
the division of domestic relations shall be performed by the 3,859
judges of the general division or probate division of the court 3,860
of common pleas of Clark county, as assigned for that purpose by 3,861
the presiding judge of that court, and the judges so assigned 3,862
shall act in conjunction with the judge of the division of 3,863
domestic relations of that court. 3,864
(X) In Scioto county, the judge of the court of common 3,866
pleas whose term begins January 2, 1995, and successors, shall 3,868
have the same qualifications, exercise the same powers and 3,869
jurisdiction, and receive the same compensation as other judges 3,870
of the court of common pleas of Scioto county and shall be 3,871
elected and designated as judge of the court of common pleas, 3,872
division of domestic relations. The judge shall be assigned all 3,874
divorce, dissolution of marriage, legal separation, and annulment 3,876
cases, all cases arising under Chapter 3111. of the Revised Code, 3,877
all proceedings involving child support, the allocation of 3,878
parental rights and responsibilities for the care of children and 3,879
the designation for the children of a place of residence and 3,880
92
legal custodian, PARENTING TIME, visitation, and all post-decree 3,881
proceedings and matters arising from those cases and proceedings, 3,882
except in cases that for some special reason are assigned to 3,883
another judge of the court of common pleas. The judge shall be 3,884
charged with the assignment and division of the work of the 3,885
division and with the employment and supervision of the personnel 3,886
of the division. 3,887
The judge shall designate the title, compensation, expense 3,889
allowances, hours, leaves of absence, and vacations of the 3,890
personnel of the division and shall fix the duties of the 3,891
personnel of the division. The duties of the personnel, in 3,892
addition to other statutory duties, include the handling, 3,893
servicing, and investigation of divorce, dissolution of marriage, 3,894
legal separation, and annulment cases, cases arising under 3,895
Chapter 3111. of the Revised Code, and proceedings involving 3,896
child support, the allocation of parental rights and 3,897
responsibilities for the care of children and the designation for 3,898
the children of a place of residence and legal custodian, 3,899
PARENTING TIME, and visitation, and providing counseling and 3,901
conciliation services that the division makes available to 3,902
persons, whether or not the persons are parties to an action 3,903
pending in the division, who request the services. 3,904
(Y) In Auglaize county, the judge of the probate and 3,906
juvenile divisions of the Auglaize county court of common pleas 3,907
also shall be the administrative judge of the domestic relations 3,908
division of the court and shall be assigned all divorce, 3,910
dissolution of marriage, legal separation, and annulment cases 3,911
coming before the court. The judge shall have all powers as 3,912
administrator of the domestic relations division and shall have 3,913
charge of the personnel engaged in handling, servicing, or 3,914
investigating divorce, dissolution of marriage, legal separation, 3,915
and annulment cases, including any referees considered necessary 3,916
for the discharge of the judge's various duties. 3,917
(Z)(1) In Marion county, the judge of the court of common 3,920
93
pleas whose term begins on February 9, 1999, and the successors 3,921
to that judge, shall have the same qualifications, exercise the 3,922
same powers and jurisdiction, and receive the same compensation
as the other judges of the court of common pleas of Marion county 3,924
and shall be elected and designated as judge of the court of 3,925
common pleas, domestic relations-juvenile-probate division. 3,926
Except as otherwise specified in this division, that judge, and 3,927
the successors to that judge, shall have all the powers relating 3,928
to juvenile courts, and all cases under Chapter 2151. of the 3,929
Revised Code, all cases arising under Chapter 3111. of the 3,930
Revised Code, all divorce, dissolution of marriage, legal 3,931
separation, and annulment cases, all proceedings involving child 3,932
support, the allocation of parental rights and responsibilities 3,933
for the care of children and the designation for the children of 3,934
a place of residence and legal custodian, PARENTING TIME, and
visitation, and all post-decree proceedings and matters arising 3,936
from those cases and proceedings shall be assigned to that judge 3,937
and the successors to that judge. Except as provided in division 3,938
(Z)(2) of this section and notwithstanding any other provision of 3,939
any section of the Revised Code, on and after February 9, 2003, 3,940
the judge of the court of common pleas of Marion county whose 3,942
term begins on February 9, 1999, and the successors to that 3,943
judge, shall have all the powers relating to the probate division 3,944
of the court of common pleas of Marion county in addition to the 3,945
powers previously specified in this division, and shall exercise 3,946
concurrent jurisdiction with the judge of the probate division of 3,947
that court over all matters that are within the jurisdiction of 3,948
the probate division of that court under Chapter 2101., and other 3,949
provisions, of the Revised Code in addition to the jurisdiction 3,950
of the domestic relations-juvenile-probate division of that court 3,951
otherwise specified in division (Z)(1) of this section. 3,952
(2) The judge of the domestic relations-juvenile-probate 3,954
division of the court of common pleas of Marion county or the 3,955
judge of the probate division of the court of common pleas of 3,956
94
Marion county, whichever of those judges is senior in total 3,958
length of service on the court of common pleas of Marion county, 3,959
regardless of the division or divisions of service, shall serve 3,960
as the clerk of the probate division of the court of common pleas 3,961
of Marion county.
(3) On and after February 9, 2003, all references in law 3,964
to "the probate court," "the probate judge," "the juvenile
court," or "the judge of the juvenile court" shall be construed, 3,965
with respect to Marion county, as being references to both "the 3,967
probate division" and "the domestic relations-juvenile-probate
division" and as being references to both "the judge of the 3,968
probate division" and "the judge of the domestic relations- 3,969
juvenile-probate division." On and after February 9, 2003, all 3,970
references in law to "the clerk of the probate court" shall be 3,971
construed, with respect to Marion county, as being references to 3,972
the judge who is serving pursuant to division (Z)(2) of this 3,973
section as the clerk of the probate division of the court of 3,974
common pleas of Marion county.
(AA) If a judge of the court of common pleas, division of 3,976
domestic relations, or juvenile judge, of any of the counties 3,977
mentioned in this section is sick, absent, or unable to perform 3,978
that judge's judicial duties or the volume of cases pending in 3,980
the judge's division necessitates it, the duties of that judge 3,981
shall be performed by another judge of the court of common pleas 3,982
of that county, assigned for that purpose by the presiding judge 3,983
of the court of common pleas of that county to act in place of or 3,984
in conjunction with that judge, as the case may require. 3,985
Sec. 2301.99. Whoever violates section 2301.33 or division 3,994
(B) of section 2301.39 of the Revised Code shall be fined not 3,995
less than fifty nor more than two hundred dollars and imprisoned 3,997
not less than ten nor more than thirty days. 3,998
Sec. 2317.02. The following persons shall not testify in 4,007
certain respects: 4,008
(A) An attorney, concerning a communication made to the 4,010
95
attorney by a client in that relation or the attorney's advice to 4,012
a client, except that the attorney may testify by express consent 4,013
of the client or, if the client is deceased, by the express 4,014
consent of the surviving spouse or the executor or administrator 4,015
of the estate of the deceased client and except that, if the 4,016
client voluntarily testifies or is deemed by section 2151.421 of 4,017
the Revised Code to have waived any testimonial privilege under 4,018
this division, the attorney may be compelled to testify on the 4,019
same subject;
(B)(1) A physician or a dentist concerning a communication 4,021
made to the physician or dentist by a patient in that relation or 4,022
the physician's or dentist's advice to a patient, except as 4,024
otherwise provided in this division, division (B)(2), and
division (B)(3) of this section, and except that, if the patient 4,025
is deemed by section 2151.421 of the Revised Code to have waived 4,026
any testimonial privilege under this division, the physician may 4,027
be compelled to testify on the same subject. 4,028
The testimonial privilege established under this division 4,030
does not apply, and a physician or dentist may testify or may be 4,031
compelled to testify, in any of the following circumstances: 4,032
(a) In any civil action, in accordance with the discovery 4,034
provisions of the Rules of Civil Procedure in connection with a 4,035
civil action, or in connection with a claim under Chapter 4123. 4,036
of the Revised Code, under any of the following circumstances: 4,037
(i) If the patient or the guardian or other legal 4,039
representative of the patient gives express consent; 4,040
(ii) If the patient is deceased, the spouse of the patient 4,042
or the executor or administrator of the patient's estate gives 4,044
express consent;
(iii) If a medical claim, dental claim, chiropractic 4,046
claim, or optometric claim, as defined in section 2305.11 of the 4,047
Revised Code, an action for wrongful death, any other type of 4,048
civil action, or a claim under Chapter 4123. of the Revised Code 4,049
is filed by the patient, the personal representative of the 4,050
96
estate of the patient if deceased, or the patient's guardian or 4,052
other legal representative.
(b) In any criminal action concerning any test or the 4,054
results of any test that determines the presence or concentration 4,055
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 4,056
the patient's blood, breath, urine, or other bodily substance at 4,057
any time relevant to the criminal offense in question. 4,058
(c) In any criminal action against a physician or dentist. 4,061
In such an action, the testimonial privilege established under 4,062
this division does not prohibit the admission into evidence, in 4,063
accordance with the Rules of Evidence, of a patient's medical or 4,066
dental records or other communications between a patient and the 4,067
physician or dentist that are related to the action and obtained 4,068
by subpoena, search warrant, or other lawful means. A court that 4,069
permits or compels a physician or dentist to testify in such an 4,070
action or permits the introduction into evidence of patient 4,071
records or other communications in such an action shall require 4,072
that appropriate measures be taken to ensure that the 4,073
confidentiality of any patient named or otherwise identified in 4,074
the records is maintained. Measures to ensure confidentiality 4,075
that may be taken by the court include sealing its records or 4,076
deleting specific information from its records. 4,077
(2)(a) If any law enforcement officer submits a written 4,079
statement to a health care provider that states that an official 4,080
criminal investigation has begun regarding a specified person or 4,081
that a criminal action or proceeding has been commenced against a 4,082
specified person, that requests the provider to supply to the 4,083
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 4,084
specified person to determine the presence or concentration of 4,085
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 4,086
person's blood, breath, or urine at any time relevant to the 4,087
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 4,088
97
specifically prohibited by any law of this state or of the United 4,089
States, shall supply to the officer a copy of any of the 4,090
requested records the provider possesses. If the health care 4,091
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 4,092
indicates that the provider does not possess any of the requested 4,093
records.
(b) If a health care provider possesses any records of the 4,095
type described in division (B)(2)(a) of this section regarding 4,096
the person in question at any time relevant to the criminal 4,097
offense in question, in lieu of personally testifying as to the 4,098
results of the test in question, the custodian of the records may 4,099
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 4,100
admitted as evidence in accordance with the Rules of Evidence. 4,101
Division (A) of section 2317.422 of the Revised Code does not 4,102
apply to any certified copy of records submitted in accordance 4,103
with this division. Nothing in this division shall be construed 4,104
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 4,105
person under whose supervision the test was administered, the 4,106
custodian of the records, the person who made the records, or the 4,107
person under whose supervision the records were made. 4,108
(3)(a) If the testimonial privilege described in division 4,110
(B)(1) of this section does not apply as provided in division 4,111
(B)(1)(a)(iii) of this section, a physician or dentist may be 4,112
compelled to testify or to submit to discovery under the Rules of 4,113
Civil Procedure only as to a communication made to the physician 4,114
or dentist by the patient in question in that relation, or the 4,115
physician's or dentist's advice to the patient in question, that 4,117
related causally or historically to physical or mental injuries 4,118
that are relevant to issues in the medical claim, dental claim, 4,119
chiropractic claim, or optometric claim, action for wrongful 4,120
death, other civil action, or claim under Chapter 4123. of the 4,121
98
Revised Code.
(b) If the testimonial privilege described in division 4,123
(B)(1) of this section does not apply to a physician or dentist 4,124
as provided in division (B)(1)(b) of this section, the physician 4,125
or dentist, in lieu of personally testifying as to the results of 4,126
the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is 4,127
qualified as authentic evidence and may be admitted as evidence 4,128
in accordance with the Rules of Evidence. Division (A) of 4,129
section 2317.422 of the Revised Code does not apply to any 4,130
certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit 4,131
the right of any party to call as a witness the person who 4,132
administered the test in question, the person under whose 4,133
supervision the test was administered, the custodian of the
results of the test, the person who compiled the results, or the 4,134
person under whose supervision the results were compiled. 4,135
(4) The testimonial privilege described in division (B)(1) 4,138
of this section is not waived when a communication is made by a 4,139
physician to a pharmacist or when there is communication between 4,140
a patient and a pharmacist in furtherance of the 4,141
physician-patient relation.
(5)(a) As used in divisions (B)(1) to (4) of this section, 4,144
"communication" means acquiring, recording, or transmitting any 4,145
information, in any manner, concerning any facts, opinions, or 4,146
statements necessary to enable a physician or dentist to 4,147
diagnose, treat, prescribe, or act for a patient. A 4,148
"communication" may include, but is not limited to, any medical 4,149
or dental, office, or hospital communication such as a record, 4,150
chart, letter, memorandum, laboratory test and results, x-ray, 4,151
photograph, financial statement, diagnosis, or prognosis. 4,152
(b) As used in division (B)(2) of this section, "health 4,154
care provider" has the same meaning as in section 3729.01 of the 4,155
Revised Code.
99
(6) Divisions (B)(1), (2), (3), (4), and (5) of this 4,158
section apply to doctors of medicine, doctors of osteopathic 4,159
medicine, doctors of podiatry, and dentists. 4,160
(7) Nothing in divisions (B)(1) to (6) of this section 4,163
affects, or shall be construed as affecting, the immunity from 4,164
civil liability conferred by section 307.628 or 2305.33 of the 4,165
Revised Code upon physicians who report an employee's use of a 4,167
drug of abuse, or a condition of an employee other than one 4,168
involving the use of a drug of abuse, to the employer of the 4,169
employee in accordance with division (B) of that section. As 4,170
used in division (B)(7) of this section, "employee," "employer," 4,172
and "physician" have the same meanings as in section 2305.33 of 4,173
the Revised Code.
(C) A member of the clergy, rabbi, priest, or regularly 4,175
ordained, accredited, or licensed minister of an established and 4,177
legally cognizable church, denomination, or sect, when the member 4,178
of the clergy, rabbi, priest, or minister remains accountable to 4,180
the authority of that church, denomination, or sect, concerning a 4,181
confession made, or any information confidentially communicated, 4,182
to the member of the clergy, rabbi, priest, or minister for a 4,184
religious counseling purpose in the member of the clergy's, 4,185
rabbi's, priest's, or minister's professional character; however, 4,187
the member of the clergy, rabbi, priest, or minister may testify 4,189
by express consent of the person making the communication, except 4,190
when the disclosure of the information is in violation of a 4,191
sacred trust; 4,192
(D) Husband or wife, concerning any communication made by 4,194
one to the other, or an act done by either in the presence of the 4,195
other, during coverture, unless the communication was made, or 4,196
act done, in the known presence or hearing of a third person 4,197
competent to be a witness; and such rule is the same if the 4,198
marital relation has ceased to exist; 4,199
(E) A person who assigns a claim or interest, concerning 4,201
any matter in respect to which the person would not, if a party, 4,203
100
be permitted to testify;
(F) A person who, if a party, would be restricted under 4,206
section 2317.03 of the Revised Code, when the property or thing 4,207
is sold or transferred by an executor, administrator, guardian, 4,208
trustee, heir, devisee, or legatee, shall be restricted in the 4,209
same manner in any action or proceeding concerning the property 4,210
or thing.
(G)(1) A school guidance counselor who holds a valid 4,212
educator license from the state board of education as provided 4,214
for in section 3319.22 of the Revised Code, a person licensed 4,215
under Chapter 4757. of the Revised Code as a professional 4,216
clinical counselor, professional counselor, social worker, or 4,217
independent social worker, or registered under Chapter 4757. of 4,218
the Revised Code as a social work assistant concerning a 4,219
confidential communication received from a client in that 4,220
relation or the person's advice to a client unless any of the 4,222
following applies:
(a) The communication or advice indicates clear and 4,224
present danger to the client or other persons. For the purposes 4,225
of this division, cases in which there are indications of present 4,226
or past child abuse or neglect of the client constitute a clear 4,227
and present danger. 4,228
(b) The client gives express consent to the testimony. 4,230
(c) If the client is deceased, the surviving spouse or the 4,232
executor or administrator of the estate of the deceased client 4,233
gives express consent. 4,234
(d) The client voluntarily testifies, in which case the 4,236
school guidance counselor or person licensed or registered under 4,237
Chapter 4757. of the Revised Code may be compelled to testify on 4,239
the same subject.
(e) The court in camera determines that the information 4,241
communicated by the client is not germane to the counselor-client 4,242
or social worker-client relationship. 4,243
(f) A court, in an action brought against a school, its 4,245
101
administration, or any of its personnel by the client, rules 4,246
after an in-camera inspection that the testimony of the school 4,247
guidance counselor is relevant to that action. 4,248
(2) Nothing in division (G)(1) of this section shall 4,250
relieve a school guidance counselor or a person licensed or 4,252
registered under Chapter 4757. of the Revised Code from the 4,254
requirement to report information concerning child abuse or 4,255
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 4,257
division (A) of section 3109.052 of the Revised Code or otherwise 4,258
issued in any proceeding for divorce, dissolution, legal 4,259
separation, annulment, or the allocation of parental rights and 4,260
responsibilities for the care of children, in any action or 4,261
proceeding, other than a criminal, delinquency, child abuse, 4,262
child neglect, or dependent child action or proceeding, that is 4,263
brought by or against either parent who takes part in mediation 4,264
in accordance with the order and that pertains to the mediation 4,265
process, to any information discussed or presented in the 4,266
mediation process, to the allocation of parental rights and 4,267
responsibilities for the care of the parents' children, or to the 4,268
awarding of visitation PARENTING TIME rights in relation to their 4,270
children;
(I) A communications assistant, acting within the scope of 4,272
the communication assistant's authority, when providing 4,273
telecommunications relay service pursuant to section 4931.35 of 4,275
the Revised Code or Title II of the "Communications Act of 1934," 4,276
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 4,277
made through a telecommunications relay service. Nothing in this 4,279
section shall limit the obligation of a communications assistant 4,280
to divulge information or testify when mandated by federal law or 4,281
regulation or pursuant to subpoena in a criminal proceeding.
Nothing in this section shall limit any immunity or 4,283
privilege granted under federal law or regulation. 4,284
Sec. 2329.66. (A) Every person who is domiciled in this 4,293
102
state may hold property exempt from execution, garnishment, 4,294
attachment, or sale to satisfy a judgment or order, as follows: 4,295
(1)(a) In the case of a judgment or order regarding money 4,297
owed for health care services rendered or health care supplies 4,298
provided to the person or a dependent of the person, one parcel 4,299
or item of real or personal property that the person or a 4,300
dependent of the person uses as a residence. Division (A)(1)(a) 4,301
of this section does not preclude, affect, or invalidate the 4,302
creation under this chapter of a judgment lien upon the exempted 4,303
property but only delays the enforcement of the lien until the 4,304
property is sold or otherwise transferred by the owner or in 4,305
accordance with other applicable laws to a person or entity other 4,306
than the surviving spouse or surviving minor children of the 4,307
judgment debtor. Every person who is domiciled in this state may 4,308
hold exempt from a judgment lien created pursuant to division 4,309
(A)(1)(a) of this section the person's interest, not to exceed 4,310
five thousand dollars, in the exempted property. 4,311
(b) In the case of all other judgments and orders, the 4,313
person's interest, not to exceed five thousand dollars, in one 4,314
parcel or item of real or personal property that the person or a 4,315
dependent of the person uses as a residence. 4,316
(2) The person's interest, not to exceed one thousand 4,318
dollars, in one motor vehicle; 4,319
(3) The person's interest, not to exceed two hundred 4,321
dollars in any particular item, in wearing apparel, beds, and 4,322
bedding, and the person's interest, not to exceed three hundred 4,323
dollars in each item, in one cooking unit and one refrigerator or 4,324
other food preservation unit; 4,325
(4)(a) The person's interest, not to exceed four hundred 4,327
dollars, in cash on hand, money due and payable, money to become 4,328
due within ninety days, tax refunds, and money on deposit with a 4,329
bank, savings and loan association, credit union, public utility, 4,330
landlord, or other person. Division (A)(4)(a) of this section 4,331
applies only in bankruptcy proceedings. This exemption may 4,332
103
include the portion of personal earnings that is not exempt under 4,333
division (A)(13) of this section. 4,334
(b) Subject to division (A)(4)(d) of this section, the 4,336
person's interest, not to exceed two hundred dollars in any 4,337
particular item, in household furnishings, household goods, 4,338
appliances, books, animals, crops, musical instruments, firearms, 4,339
and hunting and fishing equipment, that are held primarily for 4,340
the personal, family, or household use of the person; 4,341
(c) Subject to division (A)(4)(d) of this section, the 4,343
person's interest in one or more items of jewelry, not to exceed 4,344
four hundred dollars in one item of jewelry and not to exceed two 4,345
hundred dollars in every other item of jewelry; 4,346
(d) Divisions (A)(4)(b) and (c) of this section do not 4,348
include items of personal property listed in division (A)(3) of 4,349
this section. 4,350
If the person does not claim an exemption under division 4,352
(A)(1) of this section, the total exemption claimed under 4,353
division (A)(4)(b) of this section shall be added to the total 4,354
exemption claimed under division (A)(4)(c) of this section, and 4,355
the total shall not exceed two thousand dollars. If the person 4,356
claims an exemption under division (A)(1) of this section, the 4,357
total exemption claimed under division (A)(4)(b) of this section 4,358
shall be added to the total exemption claimed under division 4,359
(A)(4)(c) of this section, and the total shall not exceed one 4,360
thousand five hundred dollars. 4,361
(5) The person's interest, not to exceed an aggregate of 4,363
seven hundred fifty dollars, in all implements, professional 4,364
books, or tools of the person's profession, trade, or business, 4,365
including agriculture; 4,367
(6)(a) The person's interest in a beneficiary fund set 4,369
apart, appropriated, or paid by a benevolent association or 4,370
society, as exempted by section 2329.63 of the Revised Code; 4,371
(b) The person's interest in contracts of life or 4,373
endowment insurance or annuities, as exempted by section 3911.10 4,374
104
of the Revised Code; 4,375
(c) The person's interest in a policy of group insurance 4,377
or the proceeds of a policy of group insurance, as exempted by 4,378
section 3917.05 of the Revised Code; 4,379
(d) The person's interest in money, benefits, charity, 4,381
relief, or aid to be paid, provided, or rendered by a fraternal 4,382
benefit society, as exempted by section 3921.18 of the Revised 4,383
Code; 4,384
(e) The person's interest in the portion of benefits under 4,386
policies of sickness and accident insurance and in lump-sum 4,387
payments for dismemberment and other losses insured under those 4,388
policies, as exempted by section 3923.19 of the Revised Code. 4,389
(7) The person's professionally prescribed or medically 4,391
necessary health aids; 4,392
(8) The person's interest in a burial lot, including, but 4,394
not limited to, exemptions under section 517.09 or 1721.07 of the 4,395
Revised Code; 4,396
(9) The person's interest in the following: 4,398
(a) Moneys paid or payable for living maintenance or 4,400
rights, as exempted by section 3304.19 of the Revised Code; 4,401
(b) Workers' compensation, as exempted by section 4123.67 4,404
of the Revised Code; 4,405
(c) Unemployment compensation benefits, as exempted by 4,407
section 4141.32 of the Revised Code; 4,408
(d) Cash assistance payments under the Ohio works first 4,410
program, as exempted by section 5107.75 of the Revised Code; 4,412
(e) Disability assistance payments, as exempted by section 4,414
5115.07 of the Revised Code. 4,415
(10)(a) Except in cases in which the person was convicted 4,417
of or pleaded guilty to a violation of section 2921.41 of the 4,418
Revised Code and in which an order for the withholding of 4,419
restitution from payments was issued under division (C)(2)(b) of 4,420
that section or in cases in which an order for withholding was 4,421
issued under section 2907.15 of the Revised Code, and only to the 4,422
105
extent provided in the order, and except as provided in sections 4,426
3105.171, 3105.63, 3111.23, and 3113.21 3119.80, 3119.81, 4,428
3121.02, 3121.03, AND 3123.06 of the Revised Code, the person's 4,429
right to a pension, benefit, annuity, retirement allowance, or 4,430
accumulated contributions, the person's right to a participant 4,431
account in any deferred compensation program offered by the Ohio 4,432
public employees deferred compensation board, a government unit, 4,433
or a municipal corporation, or the person's other accrued or 4,434
accruing rights, as exempted by section 145.56, 146.13, 148.09, 4,435
742.47, 3307.41, 3309.66, or 5505.22 of the Revised Code, and the 4,438
person's right to benefits from the Ohio public safety officers 4,439
death benefit fund; 4,441
(b) Except as provided in sections 3111.23 3119.80, 4,443
3119.81, 3121.02, 3121.03, and 3113.21 3123.06 of the Revised 4,445
Code, the person's right to receive a payment under any pension, 4,446
annuity, or similar plan or contract, not including a payment 4,447
from a stock bonus or profit-sharing plan or a payment included 4,448
in division (A)(6)(b) or (10)(a) of this section, on account of 4,449
illness, disability, death, age, or length of service, to the 4,450
extent reasonably necessary for the support of the person and any 4,451
of the person's dependents, except if all the following apply: 4,452
(i) The plan or contract was established by or under the 4,454
auspices of an insider that employed the person at the time the 4,455
person's rights under the plan or contract arose. 4,456
(ii) The payment is on account of age or length of 4,458
service. 4,459
(iii) The plan or contract is not qualified under the 4,461
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 4,462
amended. 4,463
(c) Except for any portion of the assets that were 4,465
deposited for the purpose of evading the payment of any debt and 4,466
except as provided in sections 3111.23 3119.80, 3119.81, 3121.02, 4,468
3121.03, and 3113.21 3123.06 of the Revised Code, the person's 4,469
right in the assets held in, or to receive any payment under, any 4,470
106
individual retirement account, individual retirement annuity, 4,471
"Roth IRA," or education individual retirement account that 4,473
provides benefits by reason of illness, disability, death, or 4,474
age, to the extent that the assets, payments, or benefits 4,475
described in division (A)(10)(c) of this section are attributable 4,476
to any of the following: 4,477
(i) Contributions of the person that were less than or 4,480
equal to the applicable limits on deductible contributions to an 4,481
individual retirement account or individual retirement annuity in 4,482
the year that the contributions were made, whether or not the 4,483
person was eligible to deduct the contributions on the person's 4,484
federal tax return for the year in which the contributions were 4,485
made;
(ii) Contributions of the person that were less than or 4,488
equal to the applicable limits on contributions to a Roth IRA or 4,489
education individual retirement account in the year that the 4,490
contributions were made;
(iii) Contributions of the person that are within the 4,493
applicable limits on rollover contributions under subsections 4,494
219, 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 4,495
408A(c)(3)(B), 408A(d)(3), and 530(d)(5) of the "Internal Revenue 4,498
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 4,500
(d) Except for any portion of the assets that were 4,503
deposited for the purpose of evading the payment of any debt and 4,504
except as provided in sections 3111.23 3119.80, 3119.81, 3121.02, 4,505
3121.03, and 3113.21 3123.06 of the Revised Code, the person's 4,506
right in the assets held in, or to receive any payment under, any 4,508
Keogh or "H.R. 10" plan that provides benefits by reason of 4,509
illness, disability, death, or age, to the extent reasonably
necessary for the support of the person and any of the person's 4,510
dependents. 4,511
(11) The person's right to receive spousal support, child 4,513
support, an allowance, or other maintenance to the extent 4,514
reasonably necessary for the support of the person and any of the 4,515
107
person's dependents; 4,517
(12) The person's right to receive, or moneys received 4,519
during the preceding twelve calendar months from, any of the 4,520
following: 4,521
(a) An award of reparations under sections 2743.51 to 4,523
2743.72 of the Revised Code, to the extent exempted by division 4,524
(D) of section 2743.66 of the Revised Code; 4,525
(b) A payment on account of the wrongful death of an 4,527
individual of whom the person was a dependent on the date of the 4,528
individual's death, to the extent reasonably necessary for the 4,529
support of the person and any of the person's dependents; 4,530
(c) Except in cases in which the person who receives the 4,532
payment is an inmate, as defined in section 2969.21 of the 4,533
Revised Code, and in which the payment resulted from a civil 4,534
action or appeal against a government entity or employee, as 4,535
defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on account of personal bodily 4,537
injury, not including pain and suffering or compensation for 4,538
actual pecuniary loss, of the person or an individual for whom 4,539
the person is a dependent;
(d) A payment in compensation for loss of future earnings 4,541
of the person or an individual of whom the person is or was a 4,542
dependent, to the extent reasonably necessary for the support of 4,543
the debtor and any of the debtor's dependents. 4,544
(13) Except as provided in sections 3111.23 3119.80, 4,546
3119.81, 3121.02, 3121.03, and 3113.21 3123.06 of the Revised 4,547
Code, personal earnings of the person owed to the person for 4,550
services in an amount equal to the greater of the following
amounts: 4,551
(a) If paid weekly, thirty times the current federal 4,553
minimum hourly wage; if paid biweekly, sixty times the current 4,554
federal minimum hourly wage; if paid semimonthly, sixty-five 4,555
times the current federal minimum hourly wage; or if paid 4,556
monthly, one hundred thirty times the current federal minimum 4,557
108
hourly wage that is in effect at the time the earnings are 4,558
payable, as prescribed by the "Fair Labor Standards Act of 1938," 4,559
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; 4,560
(b) Seventy-five per cent of the disposable earnings owed 4,562
to the person. 4,563
(14) The person's right in specific partnership property, 4,565
as exempted by division (B)(3) of section 1775.24 of the Revised 4,566
Code; 4,567
(15) A seal and official register of a notary public, as 4,569
exempted by section 147.04 of the Revised Code; 4,570
(16) The person's interest in a tuition credit or a 4,572
payment under section 3334.09 of the Revised Code pursuant to a 4,573
tuition credit contract, as exempted by section 3334.15 of the 4,574
Revised Code;
(17) Any other property that is specifically exempted from 4,576
execution, attachment, garnishment, or sale by federal statutes 4,577
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 4,578
U.S.C.A. 101, as amended; 4,579
(18) The person's interest, not to exceed four hundred 4,581
dollars, in any property, except that division (A)(18) of this 4,582
section applies only in bankruptcy proceedings. 4,583
(B) As used in this section: 4,585
(1) "Disposable earnings" means net earnings after the 4,587
garnishee has made deductions required by law, excluding the 4,588
deductions ordered pursuant to section 3111.23 3119.80, 3119.81, 4,589
3121.02, 3121.03, or 3113.21 3123.06 of the Revised Code. 4,591
(2) "Insider" means: 4,593
(a) If the person who claims an exemption is an 4,595
individual, a relative of the individual, a relative of a general 4,596
partner of the individual, a partnership in which the individual 4,597
is a general partner, a general partner of the individual, or a 4,598
corporation of which the individual is a director, officer, or in 4,599
control; 4,600
(b) If the person who claims an exemption is a 4,602
109
corporation, a director or officer of the corporation; a person 4,603
in control of the corporation; a partnership in which the 4,604
corporation is a general partner; a general partner of the 4,605
corporation; or a relative of a general partner, director, 4,606
officer, or person in control of the corporation; 4,607
(c) If the person who claims an exemption is a 4,609
partnership, a general partner in the partnership; a general 4,610
partner of the partnership; a person in control of the 4,611
partnership; a partnership in which the partnership is a general 4,612
partner; or a relative in, a general partner of, or a person in 4,613
control of the partnership; 4,614
(d) An entity or person to which or whom any of the 4,616
following applies: 4,617
(i) The entity directly or indirectly owns, controls, or 4,619
holds with power to vote, twenty per cent or more of the 4,620
outstanding voting securities of the person who claims an 4,621
exemption, unless the entity holds the securities in a fiduciary 4,622
or agency capacity without sole discretionary power to vote the 4,623
securities or holds the securities solely to secure to debt and 4,624
the entity has not in fact exercised the power to vote. 4,625
(ii) The entity is a corporation, twenty per cent or more 4,627
of whose outstanding voting securities are directly or indirectly 4,628
owned, controlled, or held with power to vote, by the person who 4,629
claims an exemption or by an entity to which division 4,630
(B)(2)(d)(i) of this section applies. 4,631
(iii) A person whose business is operated under a lease or 4,633
operating agreement by the person who claims an exemption, or a 4,634
person substantially all of whose business is operated under an 4,635
operating agreement with the person who claims an exemption. 4,636
(iv) The entity operates the business or all or 4,638
substantially all of the property of the person who claims an 4,639
exemption under a lease or operating agreement. 4,640
(e) An insider, as otherwise defined in this section, of a 4,642
person or entity to which division (B)(2)(d)(i), (ii), (iii), or 4,643
110
(iv) of this section applies, as if the person or entity were a 4,644
person who claims an exemption; 4,645
(f) A managing agent of the person who claims an 4,647
exemption. 4,648
(3) "Participant account" has the same meaning as in 4,650
section 148.01 of the Revised Code. 4,651
(4) "Government unit" has the same meaning as in section 4,653
148.06 of the Revised Code. 4,654
(C) For purposes of this section, "interest" shall be 4,656
determined as follows: 4,657
(1) In bankruptcy proceedings, as of the date a petition 4,659
is filed with the bankruptcy court commencing a case under Title 4,660
11 of the United States Code; 4,661
(2) In all cases other than bankruptcy proceedings, as of 4,663
the date of an appraisal, if necessary under section 2329.68 of 4,664
the Revised Code, or the issuance of a writ of execution. 4,665
An interest, as determined under division (C)(1) or (2) of 4,667
this section, shall not include the amount of any lien otherwise 4,668
valid pursuant to section 2329.661 of the Revised Code. 4,669
Sec. 2705.02. A person guilty of any of the following acts 4,678
may be punished as for a contempt: 4,679
(A) Disobedience of, or resistance to, a lawful writ, 4,681
process, order, rule, judgment, or command of a court or officer; 4,682
(B) Misbehavior of an officer of the court in the 4,684
performance of official duties, or in official transactions; 4,686
(C) A failure to obey a subpoena duly served, or a refusal 4,688
to be sworn or to answer as a witness, when lawfully required; 4,689
(D) The rescue, or attempted rescue, of a person or of 4,691
property in the custody of an officer by virtue of an order or 4,692
process of court held by the officer; 4,693
(E) A failure upon the part of a person recognized to 4,695
appear as a witness in a court to appear in compliance with the 4,696
terms of the person's recognizance; 4,697
(F) A failure to comply with an order issued pursuant to 4,699
111
section 3111.20, 3111.211, or 3111.22 3109.19 OR 3111.81 of the 4,701
Revised Code or a withholding or deduction notice issued under 4,703
section 3111.23 of the Revised Code;
(G) A failure to obey a subpoena issued by the department 4,705
of job and family services or a child support enforcement agency 4,707
pursuant to section 5101.37 of the Revised Code; 4,708
(H) A willful failure to submit to genetic testing, or a 4,711
willful failure to submit a child to genetic testing, as required 4,712
by an order for genetic testing issued under section 3111.22 4,713
3111.41 of the Revised Code. 4,714
Sec. 2705.031. (A) As used in this section, "Title IV-D 4,723
case" has the same meaning as in section 3113.21 3125.01 of the 4,725
Revised Code. 4,726
(B)(1) Any party who has a legal claim to any support 4,728
ordered for a child, spouse, or former spouse may initiate a 4,729
contempt action for failure to pay the support. In Title IV-D 4,730
cases, the contempt action for failure to pay support also may be 4,731
initiated by an attorney retained by the party who has the legal 4,732
claim, the prosecuting attorney, or an attorney of the department 4,733
of job and family services or the child support enforcement 4,735
agency.
(2) Any PARENT WHO IS GRANTED PARENTING TIME RIGHTS UNDER 4,737
A PARENTING TIME ORDER OR DECREE ISSUED PURSUANT TO SECTION 4,738
3109.051 OR 3109.12 OF THE REVISED CODE, ANY person who is 4,739
granted visitation rights under a visitation order or decree 4,740
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the 4,741
Revised Code or pursuant to any other provision of the Revised 4,742
Code, or any other person who is subject to any PARENTING TIME OR 4,743
visitation order or decree, may initiate a contempt action for a 4,745
failure to comply with, or an interference with, the order or 4,746
decree.
(C) In any contempt action initiated pursuant to division 4,748
(B) of this section, the accused shall appear upon the summons 4,749
and order to appear that is issued by the court. The summons 4,750
112
shall include all of the following: 4,751
(1) Notice that failure to appear may result in the 4,753
issuance of an order of arrest, and in cases involving alleged 4,754
failure to pay support, the issuance of an order for the payment 4,755
of support by withholding an amount from the personal earnings of 4,756
the accused or by withholding or deducting an amount from some 4,757
other asset of the accused; 4,758
(2) Notice that the accused has a right to counsel, and 4,760
that if indigent, the accused must apply for a public defender or 4,762
court appointed counsel within three business days after receipt 4,763
of the summons;
(3) Notice that the court may refuse to grant a 4,765
continuance at the time of the hearing for the purpose of the 4,766
accused obtaining counsel, if the accused fails to make a good 4,767
faith effort to retain counsel or to obtain a public defender; 4,768
(4) Notice of the potential penalties that could be 4,770
imposed upon the accused, if the accused is found guilty of 4,771
contempt for failure to pay support or for a failure to comply 4,772
with, or an interference with, a PARENTING TIME OR visitation 4,773
order or decree. 4,774
(D) If the accused is served as required by the Rules of 4,776
Civil Procedure or by any special statutory proceedings that are 4,777
relevant to the case, the court may order the attachment of the 4,778
person of the accused upon failure to appear as ordered by the 4,779
court. 4,780
(E) The imposition of any penalty for contempt under 4,782
section 2705.05 of the Revised Code shall not eliminate any 4,783
obligation of the accused to pay any past, present, or future 4,784
support obligation or any obligation of the accused to comply 4,785
with or refrain from interfering with the PARENTING TIME OR 4,786
visitation order or decree. The court shall have jurisdiction to 4,788
make a finding of contempt for the failure to pay support and to 4,789
impose the penalties set forth in section 2705.05 of the Revised 4,790
Code in all cases in which past due support is at issue even if 4,791
113
the duty to pay support has terminated, and shall have 4,792
jurisdiction to make a finding of contempt for a failure to 4,793
comply with, or an interference with, a PARENTING TIME OR 4,794
visitation order or decree and to impose the penalties set forth 4,796
in section 2705.05 of the Revised Code in all cases in which the 4,797
failure or interference is at issue even if the PARENTING TIME OR 4,798
visitation order or decree no longer is in effect. 4,799
Sec. 2716.01. (A) A person who obtains a judgment against 4,808
another person may garnish the personal earnings of the person 4,809
against whom judgment was obtained only through a proceeding in 4,810
garnishment of personal earnings and only in accordance with this 4,812
chapter.
(B) A person who obtains a judgment against another person 4,814
may garnish the property, other than personal earnings, of the 4,815
person against whom judgment was obtained, if the property is in 4,816
the possession of a person other than the person against whom 4,817
judgment was obtained, only through a proceeding in garnishment 4,818
and only in accordance with this chapter. 4,819
(C) As used in this chapter: 4,821
(1) "Employer" means a person who is required to withhold 4,823
taxes out of payments of personal earnings made to a judgment 4,824
debtor. 4,825
(2) "Personal earnings" means money, or any other 4,827
consideration or thing of value, that is paid or due to a person 4,828
in exchange for work, labor, or personal services provided by the 4,829
person to an employer. 4,830
(3) "Judgment creditor" means a person who has obtained a 4,832
judgment in a civil action against another person. 4,833
(4) "Judgment debtor" means a person against whom a 4,835
judgment has been obtained in a civil action. 4,836
(5) "Support order" has the same meaning as in section 4,838
3113.21 3119.01 of the Revised Code. 4,839
Sec. 2919.22. (A) No person, who is the parent, guardian, 4,848
custodian, person having custody or control, or person in loco 4,849
114
parentis of a child under eighteen years of age or a mentally or 4,850
physically handicapped child under twenty-one years of age, shall 4,851
create a substantial risk to the health or safety of the child, 4,852
by violating a duty of care, protection, or support. It is not a 4,853
violation of a duty of care, protection, or support under this 4,854
division when the parent, guardian, custodian, or person having 4,855
custody or control of a child treats the physical or mental 4,856
illness or defect of the child by spiritual means through prayer 4,857
alone, in accordance with the tenets of a recognized religious 4,858
body. 4,859
(B) No person shall do any of the following to a child 4,861
under eighteen years of age or a mentally or physically 4,862
handicapped child under twenty-one years of age: 4,863
(1) Abuse the child; 4,865
(2) Torture or cruelly abuse the child; 4,867
(3) Administer corporal punishment or other physical 4,869
disciplinary measure, or physically restrain the child in a cruel 4,870
manner or for a prolonged period, which punishment, discipline, 4,871
or restraint is excessive under the circumstances and creates a 4,872
substantial risk of serious physical harm to the child; 4,873
(4) Repeatedly administer unwarranted disciplinary 4,875
measures to the child, when there is a substantial risk that such 4,876
conduct, if continued, will seriously impair or retard the 4,877
child's mental health or development; 4,878
(5) Entice, coerce, permit, encourage, compel, hire, 4,880
employ, use, or allow the child to act, model, or in any other 4,881
way participate in, or be photographed for, the production, 4,882
presentation, dissemination, or advertisement of any material or 4,883
performance that the offender knows or reasonably should know is 4,885
obscene, is sexually oriented matter, or is nudity-oriented 4,886
matter.
(C)(1) No person shall operate a vehicle, streetcar, or 4,888
trackless trolley within this state in violation of division (A) 4,890
of section 4511.19 of the Revised Code when one or more children 4,891
115
under eighteen years of age are in the vehicle, streetcar, or 4,892
trackless trolley. Notwithstanding any other provision of law, a 4,893
person may be convicted at the same trial or proceeding of a 4,894
violation of this division and a violation of division (A) of 4,895
section 4511.19 of the Revised Code that constitutes the basis of 4,896
the charge of the violation of this division. For purposes of 4,897
section 4511.191 of the Revised Code and all related provisions 4,898
of law, a person arrested for a violation of this division shall 4,899
be considered to be under arrest for operating a vehicle while 4,900
under the influence of alcohol, a drug of abuse, or alcohol and a 4,901
drug of abuse or for operating a vehicle with a prohibited 4,902
concentration of alcohol in the blood, breath, or urine. 4,903
(2) As used in division (C)(1) of this section, "vehicle," 4,905
"streetcar," and "trackless trolley" have the same meanings as in 4,906
section 4511.01 of the Revised Code. 4,907
(D)(1) Division (B)(5) of this section does not apply to 4,909
any material or performance that is produced, presented, or 4,910
disseminated for a bona fide medical, scientific, educational, 4,911
religious, governmental, judicial, or other proper purpose, by or 4,912
to a physician, psychologist, sociologist, scientist, teacher, 4,913
person pursuing bona fide studies or research, librarian, member 4,915
of the clergy, prosecutor, judge, or other person having a proper 4,916
interest in the material or performance. 4,917
(2) Mistake of age is not a defense to a charge under 4,919
division (B)(5) of this section. 4,920
(3) In a prosecution under division (B)(5) of this 4,922
section, the trier of fact may infer that an actor, model, or 4,923
participant in the material or performance involved is a juvenile 4,924
if the material or performance, through its title, text, visual 4,925
representation, or otherwise, represents or depicts the actor, 4,926
model, or participant as a juvenile. 4,927
(4) As used in this division and division (B)(5) of this 4,929
section: 4,930
(a) "Material," "performance," "obscene," and "sexual 4,932
116
activity" have the same meanings as in section 2907.01 of the 4,933
Revised Code. 4,934
(b) "Nudity-oriented matter" means any material or 4,936
performance that shows a minor in a state of nudity and that, 4,937
taken as a whole by the average person applying contemporary 4,938
community standards, appeals to prurient interest. 4,939
(c) "Sexually oriented matter" means any material or 4,941
performance that shows a minor participating or engaging in 4,942
sexual activity, masturbation, or bestiality. 4,943
(E)(1) Whoever violates this section is guilty of 4,945
endangering children. 4,946
(2) If the offender violates division (A) or (B)(1) of 4,948
this section, endangering children is one of the following: 4,949
(a) Except as otherwise provided in division (E)(2)(b), 4,952
(c), or (d) of this section, a misdemeanor of the first degree; 4,953
(b) If the offender previously has been convicted of an 4,956
offense under this section or of any offense involving neglect, 4,957
abandonment, contributing to the delinquency of, or physical 4,958
abuse of a child, except as otherwise provided in division 4,959
(E)(2)(c) or (d) of this section, a felony of the fourth degree; 4,960
(c) If the violation is a violation of division (A) of 4,962
this section and results in serious physical harm to the child 4,964
involved, a felony of the third degree;
(d) If the violation is a violation of division (B)(1) of 4,967
this section and results in serious physical harm to the child 4,968
involved, a felony of the second degree. 4,969
(3) If the offender violates division (B)(2), (3), or (4) 4,971
of this section, except as otherwise provided in this division, 4,972
endangering children is a felony of the third degree. If the 4,974
violation results in serious physical harm to the child involved, 4,976
or if the offender previously has been convicted of an offense 4,977
under this section or of any offense involving neglect, 4,978
abandonment, contributing to the delinquency of, or physical 4,979
abuse of a child, endangering children is a felony of the second 4,980
117
degree.
(4) If the offender violates division (B)(5) of this 4,983
section, endangering children is a felony of the second degree. 4,984
(5) If the offender violates division (C) of this section, 4,986
the offender shall be punished as follows: 4,987
(a) Except as otherwise provided in division (E)(5)(b) or 4,990
(c) of this section, endangering children in violation of
division (C) of this section is a misdemeanor of the first 4,992
degree.
(b) If the violation results in serious physical harm to 4,994
the child involved or the offender previously has been convicted 4,995
of an offense under this section or any offense involving 4,996
neglect, abandonment, contributing to the delinquency of, or 4,997
physical abuse of a child, except as otherwise provided in 4,998
division (E)(5)(c) of this section, endangering children in 5,000
violation of division (C) of this section is a felony of the 5,002
fifth degree.
(c) If the violation results in serious physical harm to 5,004
the child involved and if the offender previously has been 5,005
convicted of a violation of division (C) of this section, section 5,006
2903.06 or 2903.08 of the Revised Code, section 2903.07 of the 5,008
Revised Code as it existed prior to the effective date of this 5,009
amendment MARCH 23, 2000, or section 2903.04 of the Revised Code 5,011
in a case in which the offender was subject to the sanctions 5,012
described in division (D) of that section, endangering children 5,013
in violation of division (C) of this section is a felony of the 5,014
fourth degree.
(d) In addition to any term of imprisonment, fine, or 5,016
other sentence, penalty, or sanction it imposes upon the offender 5,017
pursuant to division (E)(5)(a), (b), or (c) of this section or 5,018
pursuant to any other provision of law, the court also may impose 5,019
upon the offender one or both of the following sanctions: 5,020
(i) It may require the offender, as part of the offender's 5,022
sentence and in the manner described in division (F) of this 5,023
118
section, to perform not more than two hundred hours of supervised 5,024
community service work under the authority of any agency, 5,025
political subdivision, or charitable organization of the type 5,026
described in division (F)(1) of section 2951.02 of the Revised 5,028
Code, provided that the court shall not require the offender to 5,029
perform supervised community service work under this division 5,030
unless the offender agrees to perform the supervised community 5,031
service work.
(ii) It may suspend the driver's or commercial driver's 5,033
license or permit or nonresident operating privilege of the 5,034
offender for up to ninety days, in addition to any suspension or 5,035
revocation of the offender's driver's or commercial driver's 5,036
license or permit or nonresident operating privilege under 5,037
Chapter 4506., 4507., 4509., or 4511. of the Revised Code or 5,038
under any other provision of law. 5,039
(e) In addition to any term of imprisonment, fine, or 5,041
other sentence, penalty, or sanction imposed upon the offender 5,042
pursuant to division (E)(5)(a), (b), (c), or (d) of this section 5,043
or pursuant to any other provision of law for the violation of 5,044
division (C) of this section, if as part of the same trial or 5,045
proceeding the offender also is convicted of or pleads guilty to 5,046
a separate charge charging the violation of division (A) of 5,047
section 4511.19 of the Revised Code that was the basis of the 5,048
charge of the violation of division (C) of this section, the 5,049
offender also shall be sentenced, in accordance with section 5,050
4511.99 of the Revised Code, for that violation of division (A) 5,051
of section 4511.19 of the Revised Code and also shall be subject 5,052
to all other sanctions that are required or authorized by any 5,053
provision of law for that violation of division (A) of section 5,054
4511.19 of the Revised Code. 5,055
(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of 5,057
this section, requires an offender to perform supervised 5,058
community service work under the authority of an agency, 5,059
subdivision, or charitable organization, the requirement shall be 5,060
119
part of the community control sanction or sentence of the 5,061
offender, and the court shall impose the community service in 5,063
accordance with and subject to divisions (F)(1)(a) and (b) of 5,064
this section. The court may require an offender whom it requires 5,065
to perform supervised community service work as part of the 5,066
offender's community control sanction or sentence to pay the 5,067
court a reasonable fee to cover the costs of the offender's 5,069
participation in the work, including, but not limited to, the 5,071
costs of procuring a policy or policies of liability insurance to 5,072
cover the period during which the offender will perform the work. 5,073
If the court requires the offender to perform supervised 5,074
community service work as part of the offender's community 5,075
control sanction or sentence, the court shall do so in accordance 5,076
with the following limitations and criteria: 5,077
(i) The court shall require that the community service 5,079
work be performed after completion of the term of imprisonment 5,080
imposed upon the offender for the violation of division (C) of 5,081
this section, if applicable. 5,082
(ii) The supervised community service work shall be 5,084
subject to the limitations set forth in divisions (F)(1)(a) to 5,086
(c) of section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in 5,088
the manner described in division (F)(1)(d) of section 2951.02 of 5,089
the Revised Code by an official or person with the qualifications 5,090
described in that division. The official or person periodically 5,091
shall report in writing to the court concerning the conduct of 5,092
the offender in performing the work.
(iv) The court shall inform the offender in writing that 5,094
if the offender does not adequately perform, as determined by the 5,096
court, all of the required community service work, the court may
order that the offender be committed to a jail or workhouse for a 5,097
period of time that does not exceed the term of imprisonment that 5,098
the court could have imposed upon the offender for the violation 5,099
of division (C) of this section, reduced by the total amount of 5,100
120
time that the offender actually was imprisoned under the sentence 5,101
or term that was imposed upon the offender for that violation and 5,102
by the total amount of time that the offender was confined for 5,103
any reason arising out of the offense for which the offender was 5,104
convicted and sentenced as described in sections 2949.08 and 5,106
2967.191 of the Revised Code, and that, if the court orders that 5,107
the offender be so committed, the court is authorized, but not 5,108
required, to grant the offender credit upon the period of the 5,109
commitment for the community service work that the offender 5,110
adequately performed.
(b) If a court, pursuant to this division and division 5,112
(E)(5)(d)(i) of this section, orders an offender to perform 5,113
community service work as part of the offender's community 5,114
control sanction or sentence and if the offender does not 5,116
adequately perform all of the required community service work, as 5,117
determined by the court, the court may order that the offender be 5,118
committed to a jail or workhouse for a period of time that does 5,119
not exceed the term of imprisonment that the court could have 5,120
imposed upon the offender for the violation of division (C) of 5,121
this section, reduced by the total amount of time that the 5,122
offender actually was imprisoned under the sentence or term that 5,123
was imposed upon the offender for that violation and by the total 5,124
amount of time that the offender was confined for any reason 5,125
arising out of the offense for which the offender was convicted 5,127
and sentenced as described in sections 2949.08 and 2967.191 of
the Revised Code. The court may order that a person committed 5,128
pursuant to this division shall receive hour-for-hour credit upon 5,129
the period of the commitment for the community service work that 5,130
the offender adequately performed. No commitment pursuant to 5,132
this division shall exceed the period of the term of imprisonment 5,133
that the sentencing court could have imposed upon the offender
for the violation of division (C) of this section, reduced by the 5,134
total amount of time that the offender actually was imprisoned 5,135
under that sentence or term and by the total amount of time that 5,136
121
the offender was confined for any reason arising out of the 5,137
offense for which the offender was convicted and sentenced as 5,138
described in sections 2949.08 and 2967.191 of the Revised Code. 5,139
(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do 5,141
not limit or affect the authority of the court to suspend the 5,142
sentence imposed upon a misdemeanor offender and place the 5,143
offender on probation or otherwise suspend the sentence pursuant 5,144
to sections 2929.51 and 2951.02 of the Revised Code, to require 5,145
the misdemeanor offender, as a condition of the offender's 5,146
probation or of otherwise suspending the offender's sentence, to 5,147
perform supervised community service work in accordance with 5,149
division (F) of section 2951.02 of the Revised Code, or to place 5,151
a felony offender under a community control sanction. 5,153
(G)(1) If a court suspends an offender's driver's or 5,155
commercial driver's license or permit or nonresident operating 5,156
privilege under division (E)(5)(d)(ii) of this section, the 5,157
period of the suspension shall be consecutive to, and commence 5,158
after, the period of suspension or revocation of the offender's 5,159
driver's or commercial driver's license or permit or nonresident 5,160
operating privilege that is imposed under Chapter 4506., 4507., 5,161
4509., or 4511. of the Revised Code or under any other provision 5,162
of law in relation to the violation of division (C) of this 5,163
section that is the basis of the suspension under division 5,164
(E)(5)(d)(ii) of this section or in relation to the violation of 5,165
division (A) of section 4511.19 of the Revised Code that is the 5,166
basis for that violation of division (C) of this section. 5,167
(2) An offender is not entitled to request, and the court 5,170
shall not grant to the offender, occupational driving privileges 5,171
under division (G) of this section if the offender's license, 5,173
permit, or privilege has been suspended under division 5,174
(E)(5)(d)(ii) of this section and the offender, within the 5,175
preceding seven years, has been convicted of or pleaded guilty to 5,176
three or more violations of one or more of the following: 5,177
(a) Division (C) of this section; 5,180
122
(b) Division (A) or (B) of section 4511.19 of the Revised 5,183
Code;
(c) A municipal ordinance relating to operating a vehicle 5,186
while under the influence of alcohol, a drug of abuse, or alcohol 5,187
and a drug of abuse;
(d) A municipal ordinance relating to operating a vehicle 5,190
with a prohibited concentration of alcohol in the blood, breath, 5,191
or urine;
(e) Section 2903.04 of the Revised Code in a case in which 5,194
the offender was subject to the sanctions described in division 5,195
(D) of that section;
(f) Division (A)(1) of section 2903.06 or division (A)(1) 5,198
of section 2903.08 of the Revised Code or a municipal ordinance 5,199
that is substantially similar to either of those divisions; 5,201
(g) Division (A)(2), (3), or (4) of section 2903.06, 5,205
division (A)(2) of section 2903.08, or former section 2903.07 of 5,207
the Revised Code, or a municipal ordinance that is substantially 5,208
similar to any of those divisions or that former section, in a 5,210
case in which the jury or judge found that the offender was under 5,211
the influence of alcohol, a drug of abuse, or alcohol and a drug 5,212
of abuse;
(h) A statute of the United States or of any other state 5,215
or a municipal ordinance of a municipal corporation located in 5,216
any other state that is substantially similar to division (A) or 5,217
(B) of section 4511.19 of the Revised Code.
(3) Any other offender who is not described in division 5,219
(G)(2) of this section and whose license, permit, or nonresident 5,221
operating privilege has been suspended under division 5,222
(E)(5)(d)(ii) of this section may file with the sentencing court 5,223
a petition alleging that the suspension would seriously affect 5,224
the offender's ability to continue employment. Upon satisfactory 5,225
proof that there is reasonable cause to believe that the 5,226
suspension would seriously affect the offender's ability to 5,227
continue employment, the court may grant the offender 5,228
123
occupational driving privileges during the period during which 5,229
the suspension otherwise would be imposed, except that the court 5,230
shall not grant occupational driving privileges for employment as 5,231
a driver of commercial motor vehicles to any person who is 5,232
disqualified from operating a commercial motor vehicle under 5,233
section 2301.374 3123.611 or 4506.16 of the Revised Code OR WHOSE 5,235
COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY
INSTRUCTION PERMIT HAS BEEN SUSPENDED UNDER SECTION 3123.58 OF 5,236
THE REVISED CODE.
(H)(1) If a person violates division (C) of this section 5,238
and if, at the time of the violation, there were two or more 5,239
children under eighteen years of age in the motor vehicle 5,240
involved in the violation, the offender may be convicted of a 5,241
violation of division (C) of this section for each of the 5,242
children, but the court may sentence the offender for only one of 5,243
the violations. 5,244
(2)(a) If a person is convicted of or pleads guilty to a 5,246
violation of division (C) of this section but the person is not 5,247
also convicted of and does not also plead guilty to a separate 5,248
charge charging the violation of division (A) of section 4511.19 5,249
of the Revised Code that was the basis of the charge of the 5,250
violation of division (C) of this section, both of the following 5,251
apply: 5,252
(i) For purposes of the provisions of section 4511.99 of 5,254
the Revised Code that set forth the penalties and sanctions for a 5,255
violation of division (A) of section 4511.19 of the Revised Code, 5,256
the conviction of or plea of guilty to the violation of division 5,257
(C) of this section shall not constitute a violation of division 5,258
(A) of section 4511.19 of the Revised Code; 5,259
(ii) For purposes of any provision of law that refers to a 5,261
conviction of or plea of guilty to a violation of division (A) of 5,262
section 4511.19 of the Revised Code and that is not described in 5,263
division (H)(2)(a)(i) of this section, the conviction of or plea 5,264
of guilty to the violation of division (C) of this section shall 5,265
124
constitute a conviction of or plea of guilty to a violation of 5,266
division (A) of section 4511.19 of the Revised Code. 5,267
(b) If a person is convicted of or pleads guilty to a 5,269
violation of division (C) of this section and the person also is 5,270
convicted of or pleads guilty to a separate charge charging the 5,271
violation of division (A) of section 4511.19 of the Revised Code 5,272
that was the basis of the charge of the violation of division (C) 5,273
of this section, the conviction of or plea of guilty to the 5,274
violation of division (C) of this section shall not constitute, 5,275
for purposes of any provision of law that refers to a conviction 5,276
of or plea of guilty to a violation of division (A) of section 5,277
4511.19 of the Revised Code, a conviction of or plea of guilty to 5,278
a violation of division (A) of section 4511.19 of the Revised 5,279
Code. 5,280
(I) As used in this section, "community control sanction" 5,283
has the same meaning as in section 2929.01 of the Revised Code. 5,285
Sec. 2919.231. (A) No person, by using physical 5,294
harassment or threats of violence against another person, shall 5,295
interfere with the other person's initiation or continuance of, 5,297
or attempt to prevent the other person from initiating or
continuing, an action to issue or modify a support order under 5,298
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 5,299
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 5,301
3111.13, 3113.04, 3113.07, or 3113.31 of the Revised Code. 5,302
(B) Whoever violates this section is guilty of interfering 5,304
with an action to issue or modify a support order, a misdemeanor 5,305
of the first degree. If the offender previously has been 5,306
convicted of or pleaded guilty to a violation of this section or 5,307
of section 3111.29 3111.19 of the Revised Code, interfering with 5,309
an action to issue or modify a support order is a felony of the 5,310
fifth degree. 5,311
Sec. 3103.03. (A) Each married person must support the 5,321
person's self and spouse out of the person's property or by the 5,323
person's labor. If a married person is unable to do so, the 5,325
125
spouse of the married person must assist in the support so far as 5,326
the spouse is able. The biological or adoptive parent of a minor 5,327
child must support the parent's minor children out of the 5,329
parent's property or by the parent's labor. 5,330
(B) Notwithstanding section 3109.01 of the Revised Code 5,332
AND TO THE EXTENT PROVIDED IN SECTION 3319.86 OF THE REVISED 5,333
CODE, the parental duty of support to children, including the 5,334
duty of a parent to pay support pursuant to a child support 5,335
order, shall continue beyond the age of majority as long as the 5,336
child continuously attends on a full-time basis any recognized 5,337
and accredited high school or a court-issued child support order 5,340
provides that the duty of support continues beyond the age of 5,341
majority. Except in cases in which a child support order 5,342
requires the duty of support to continue for any period after the 5,343
child reaches age nineteen, the order shall not remain in effect 5,344
after the child reaches age nineteen. That duty of support shall 5,345
continue during seasonal vacation periods. 5,346
(C) If a married person neglects to support the person's 5,349
spouse in accordance with this section, any other person, in good 5,350
faith, may supply the spouse with necessaries for the support of 5,351
the spouse and recover the reasonable value of the necessaries 5,352
supplied from the married person who neglected to support the 5,353
spouse unless the spouse abandons that person without cause. 5,354
(D) If a parent neglects to support the parent's minor 5,357
child in accordance with this section and if the minor child in 5,358
question is unemancipated, any other person, in good faith, may 5,359
supply the minor child with necessaries for the support of the 5,360
minor child and recover the reasonable value of the necessaries 5,361
supplied from the parent who neglected to support the minor 5,362
child. 5,363
(E) If a decedent during the decedent's lifetime has 5,365
purchased an irrevocable preneed funeral contract pursuant to 5,368
section 1109.75 of the Revised Code, then the duty of support 5,369
owed to a spouse pursuant to this section does not include an 5,371
126
obligation to pay for the funeral expenses of the deceased 5,372
spouse. This division does not preclude a surviving spouse from 5,373
assuming by contract the obligation to pay for the funeral 5,374
expenses of the deceased spouse. 5,375
Sec. 3103.031. A biological parent of a child, a man 5,384
determined to be the natural father of a child under sections 5,385
3111.01 to 3111.19 3111.18 or 3111.20 to 3111.29 3111.85 of the 5,387
Revised Code, a parent who adopts a minor child pursuant to 5,388
Chapter 3107. of the Revised Code, or a parent whose signed 5,389
acknowledgment of paternity has become final pursuant to section 5,391
2151.232, 3111.211 3111.25, or 5101.314 3111.821 of the Revised 5,392
Code assumes the parental duty of support for that child. 5,395
Notwithstanding section 3109.01 of the Revised Code AND TO THE
EXTENT PROVIDED IN SECTION 3119.86 OF THE REVISED CODE, the 5,396
parental duty of support to the child shall continue beyond the 5,397
age of majority as long as the child continuously attends on a 5,398
full-time basis any recognized and accredited high school or a 5,400
court-issued child support order provides that the duty of 5,401
support continues beyond the age of majority. Except in cases in 5,402
which a child support order requires the duty of support to 5,404
continue for any period after the child reaches age nineteen, the 5,405
order shall not remain in effect after the child reaches age 5,406
nineteen. That duty of support shall continue during seasonal 5,407
vacation periods.
Sec. 3105.18. (A) As used in this section, "spousal 5,416
support" means any payment or payments to be made to a spouse or 5,417
former spouse, or to a third party for the benefit of a spouse or 5,418
a former spouse, that is both for sustenance and for support of 5,419
the spouse or former spouse. "Spousal support" does not include 5,420
any payment made to a spouse or former spouse, or to a third 5,421
party for the benefit of a spouse or former spouse, that is made 5,422
as part of a division or distribution of property or a 5,423
distributive award under section 3105.171 of the Revised Code. 5,424
(B) In divorce and legal separation proceedings, upon the 5,426
127
request of either party and after the court determines the 5,427
division or disbursement of property under section 3105.171 of 5,428
the Revised Code, the court of common pleas may award reasonable 5,429
spousal support to either party. During the pendency of any 5,430
divorce, or legal separation proceeding, the court may award 5,431
reasonable temporary spousal support to either party. 5,432
An award of spousal support may be allowed in real or 5,434
personal property, or both, or by decreeing a sum of money, 5,435
payable either in gross or by installments, from future income or 5,436
otherwise, as the court considers equitable. 5,437
Any award of spousal support made under this section shall 5,439
terminate upon the death of either party, unless the order 5,440
containing the award expressly provides otherwise. 5,441
(C)(1) In determining whether spousal support is 5,443
appropriate and reasonable, and in determining the nature, 5,444
amount, and terms of payment, and duration of spousal support, 5,445
which is payable either in gross or in installments, the court 5,446
shall consider all of the following factors: 5,447
(a) The income of the parties, from all sources, 5,449
including, but not limited to, income derived from property 5,450
divided, disbursed, or distributed under section 3105.171 of the 5,451
Revised Code; 5,452
(b) The relative earning abilities of the parties; 5,454
(c) The ages and the physical, mental, and emotional 5,456
conditions of the parties; 5,457
(d) The retirement benefits of the parties; 5,459
(e) The duration of the marriage; 5,461
(f) The extent to which it would be inappropriate for a 5,463
party, because that party will be custodian of a minor child of 5,465
the marriage, to seek employment outside the home; 5,466
(g) The standard of living of the parties established 5,468
during the marriage; 5,469
(h) The relative extent of education of the parties; 5,471
(i) The relative assets and liabilities of the parties, 5,473
128
including but not limited to any court-ordered payments by the 5,474
parties; 5,475
(j) The contribution of each party to the education, 5,477
training, or earning ability of the other party, including, but 5,478
not limited to, any party's contribution to the acquisition of a 5,479
professional degree of the other party; 5,480
(k) The time and expense necessary for the spouse who is 5,482
seeking spousal support to acquire education, training, or job 5,483
experience so that the spouse will be qualified to obtain 5,484
appropriate employment, provided the education, training, or job 5,485
experience, and employment is, in fact, sought; 5,486
(l) The tax consequences, for each party, of an award of 5,488
spousal support; 5,489
(m) The lost income production capacity of either party 5,491
that resulted from that party's marital responsibilities; 5,492
(n) Any other factor that the court expressly finds to be 5,494
relevant and equitable. 5,495
(2) In determining whether spousal support is reasonable 5,497
and in determining the amount and terms of payment of spousal 5,498
support, each party shall be considered to have contributed 5,499
equally to the production of marital income. 5,500
(D) In an action brought solely for an order for legal 5,502
separation under section 3105.17 of the Revised Code, any 5,503
continuing order for periodic payments of money entered pursuant 5,504
to this section is subject to further order of the court upon 5,505
changed circumstances of either party. 5,506
(E) If a continuing order for periodic payments of money 5,508
as alimony is entered in a divorce or dissolution of marriage 5,509
action that is determined on or after May 2, 1986, and before 5,510
January 1, 1991, or if a continuing order for periodic payments 5,511
of money as spousal support is entered in a divorce or 5,512
dissolution of marriage action that is determined on or after 5,513
January 1, 1991, the court that enters the decree of divorce or 5,514
dissolution of marriage does not have jurisdiction to modify the 5,515
129
amount or terms of the alimony or spousal support unless the 5,516
court determines that the circumstances of either party have 5,517
changed and unless one of the following applies: 5,518
(1) In the case of a divorce, the decree or a separation 5,520
agreement of the parties to the divorce that is incorporated into 5,521
the decree contains a provision specifically authorizing the 5,522
court to modify the amount or terms of alimony or spousal 5,523
support. 5,524
(2) In the case of a dissolution of marriage, the 5,526
separation agreement that is approved by the court and 5,527
incorporated into the decree contains a provision specifically 5,528
authorizing the court to modify the amount or terms of alimony or 5,529
spousal support. 5,530
(F) For purposes of divisions (D) and (E) of this section, 5,532
a change in the circumstances of a party includes, but is not 5,533
limited to, any increase or involuntary decrease in the party's 5,534
wages, salary, bonuses, living expenses, or medical expenses. 5,535
(G) Each order for alimony made or modified by a court 5,537
shall include as part of the order a general provision, as 5,539
described in division (A)(1) of section 3113.21 of the Revised 5,540
Code, requiring the withholding or deduction of income or assets 5,542
of the obligor under the order as described in division (D) of 5,544
section 3113.21 of the Revised Code or another type of 5,546
appropriate requirement as described in division (D)(3), (D)(4), 5,547
or (H) of that section, to ensure that withholding or deduction 5,550
from the income or assets of the obligor is available from the 5,552
commencement of the support order for collection of the support 5,553
and of any arrearages that occur; a statement requiring all 5,554
parties to the order to notify the child support enforcement 5,555
agency in writing of their current mailing address, current 5,556
residence address, current residence telephone number, current 5,557
driver's license number, and of any changes to that information; 5,558
and a notice that the requirement to notify the agency of all 5,560
changes to that information continues until further notice from 5,562
130
the court.
If any person required to pay alimony under an order made 5,564
or modified by a court on or after December 1, 1986, and before 5,565
January 1, 1991, or any person required to pay spousal support 5,566
under an order made or modified by a court on or after January 1, 5,567
1991, is found in contempt of court for failure to make alimony 5,568
or spousal support payments under the order, the court that makes 5,569
the finding, in addition to any other penalty or remedy imposed, 5,570
shall assess all court costs arising out of the contempt 5,571
proceeding against the person and shall require the person to pay 5,572
any reasonable attorney's fees of any adverse party, as 5,573
determined by the court, that arose in relation to the act of 5,574
contempt. 5,575
(H) In divorce or legal separation proceedings, the court 5,577
may award reasonable attorney's fees to either party at any stage 5,578
of the proceedings, including, but not limited to, any appeal, 5,579
any proceeding arising from a motion to modify a prior order or 5,580
decree, and any proceeding to enforce a prior order or decree, if 5,581
it determines that the other party has the ability to pay the 5,582
attorney's fees that the court awards. When the court determines 5,583
whether to award reasonable attorney's fees to any party pursuant 5,584
to this division, it shall determine whether either party will be 5,585
prevented from fully litigating that party's rights and 5,586
adequately protecting that party's interests if it does not award 5,588
reasonable attorney's fees.
Sec. 3105.21. (A) Upon satisfactory proof of the causes 5,597
in the complaint for divorce, annulment, or legal separation, the 5,598
court of common pleas shall make an order for the disposition, 5,599
care, and maintenance of the children of the marriage, as is in 5,600
their best interests, and in accordance with section 3109.04 of 5,601
the Revised Code. 5,602
(B) Upon the failure of proof of the causes in the 5,604
complaint, the court may make the order for the disposition, 5,605
care, and maintenance of any dependent child of the marriage as 5,606
131
is in the child's best interest, and in accordance with section 5,607
3109.04 of the Revised Code. 5,608
(C) Each order for child support made or modified under 5,610
this section shall include as part of the order a general 5,612
provision, as described in division (A)(1) of section 3113.21 of 5,613
the Revised Code, requiring the withholding or deduction of 5,615
income or assets of the obligor under the order as described in 5,617
division (D) of section 3113.21 of the Revised Code, or another 5,619
type of appropriate requirement as described in division (D)(3), 5,620
(D)(4), or (H) of that section, to ensure that withholding or 5,623
deduction from the income or assets of the obligor is available 5,625
from the commencement of the support order for collection of the 5,626
support and of any arrearages that occur; a statement requiring 5,627
all parties to the order to notify the child support enforcement 5,628
agency in writing of their current mailing address, current 5,629
residence address, current residence telephone number, current 5,630
driver's license number, and any changes to that information; and 5,631
a notice that the requirement to notify the agency of all changes 5,633
to that information continues until further notice from the 5,635
court. Any court of common pleas that makes or modifies an order 5,636
for child support under this section shall comply with sections 5,637
3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 3125. of 5,639
the Revised Code. If any person required to pay child support 5,641
under an order made under this section on or after April 15, 5,642
1985, or modified on or after December 1, 1986, is found in 5,643
contempt of court for failure to make support payments under the 5,644
order, the court that makes the finding, in addition to any other 5,645
penalty or remedy imposed, shall assess all court costs arising 5,646
out of the contempt proceeding against the person and require the 5,647
person to pay any reasonable attorney's fees of any adverse 5,648
party, as determined by the court, that arose in relation to the 5,649
act of contempt.
(D) Notwithstanding section 3109.01 of the Revised Code, 5,651
if a court issues a child support order under this section, the 5,652
132
order shall remain in effect beyond the child's eighteenth 5,653
birthday as long as the child continuously attends on a full-time 5,654
basis any recognized and accredited high school or the order 5,656
provides that the duty of support of the child continues beyond 5,657
the child's eighteenth birthday. Except in cases in which the 5,659
order provides that the duty of support continues for any period 5,660
after the child reaches age nineteen, the order shall not remain 5,661
in effect after the child reaches age nineteen. Any parent 5,662
ordered to pay support under a child support order issued under 5,663
this section shall continue to pay support under the order, 5,664
including during seasonal vacation periods, until the order 5,665
terminates. 5,666
Sec. 3105.63. (A)(1) A petition for dissolution of 5,675
marriage shall be signed by both spouses and shall have attached 5,676
and incorporated a separation agreement agreed to by both 5,677
spouses. The separation agreement shall provide for a division 5,678
of all property; spousal support; if there are minor children of 5,679
the marriage, the allocation of parental rights and 5,680
responsibilities for the care of the minor children, the 5,681
designation of a residential parent and legal custodian of the 5,682
minor children, child support, and visitation PARENTING TIME 5,683
rights; and, if the spouses so desire, an authorization for the 5,685
court to modify the amount or terms of spousal support provided 5,686
in the separation agreement. If there are minor children of the 5,687
marriage, the spouses may address the allocation of the parental 5,688
rights and responsibilities for the care of the minor children by 5,689
including in the separation agreement a plan under which both 5,690
parents will have shared rights and responsibilities for the care 5,691
of the minor children. The spouses shall file the plan with the 5,692
petition for dissolution of marriage and shall include in the 5,693
plan the provisions described in division (G) of section 3109.04 5,694
of the Revised Code. 5,695
(2) The division of property in the separation agreement 5,697
shall include any participant account, as defined in section 5,698
133
148.01 of the Revised Code, of either of the spouses, to the 5,700
extent of the following: 5,701
(a) The moneys that have been deferred by a continuing 5,703
member or participating employee, as defined in that section, and 5,704
that have been transmitted to the Ohio public employees deferred 5,705
compensation board during the marriage and any income that is 5,706
derived from the investment of those moneys during the marriage; 5,707
(b) The moneys that have been deferred by an officer or 5,709
employee of a municipal corporation and that have been 5,710
transmitted to the governing board, administrator, depository, or 5,711
trustee of the deferred compensation program of the municipal 5,712
corporation during the marriage and any income that is derived 5,713
from the investment of those moneys during the marriage; 5,714
(c) The moneys that have been deferred by an officer or 5,716
employee of a government unit, as defined in section 148.06 of 5,718
the Revised Code, and that have been transmitted to the governing 5,719
board, as defined in that section, during the marriage and any 5,720
income that is derived from the investment of those moneys during 5,721
the marriage. 5,722
(3) The separation agreement shall not require or permit 5,724
the division or disbursement of the moneys and income described 5,725
in division (A)(2) of this section to occur in a manner that is 5,726
inconsistent with the law, rules, or plan governing the deferred 5,727
compensation program involved or prior to the time that the 5,728
spouse in whose name the participant account is maintained 5,729
commences receipt of the moneys and income credited to the 5,730
account in accordance with that law, rules, and plan. 5,731
(B) An amended separation agreement may be filed at any 5,733
time prior to or during the hearing on the petition for 5,734
dissolution of marriage. Upon receipt of a petition for 5,735
dissolution of marriage, the court may cause an investigation to 5,736
be made pursuant to the Rules of Civil Procedure. 5,737
(C) If a petition for dissolution of marriage contains an 5,739
authorization for the court to modify the amount or terms of 5,740
134
spousal support provided in the separation agreement, the 5,741
modification shall be in accordance with section 3105.18 of the 5,742
Revised Code. 5,743
Sec. 3105.65. (A) If, at the time of the hearing, either 5,752
spouse is not satisfied with the separation agreement or does not 5,753
wish a dissolution of the marriage and if neither spouse files a 5,754
motion pursuant to division (C) of this section to convert the 5,755
action to an action for divorce, the court shall dismiss the 5,756
petition and refuse to validate the proposed separation 5,757
agreement. 5,758
(B) If, upon review of the testimony of both spouses and 5,760
of the report of the investigator pursuant to the Rules of Civil 5,761
Procedure, the court approves the separation agreement and any 5,762
amendments to it agreed upon by the parties, it shall grant a 5,763
decree of dissolution of marriage that incorporates the 5,764
separation agreement. If the separation agreement contains a 5,765
plan for the exercise of shared parenting by the spouses, the 5,766
court shall review the plan in accordance with the provisions of 5,767
division (D)(1) of section 3109.04 of the Revised Code that 5,768
govern the review of a pleading or motion requesting shared 5,769
parenting jointly submitted by both spouses to a marriage. A 5,770
decree of dissolution of marriage has the same effect upon the 5,771
property rights of the parties, including rights of dower and 5,772
inheritance, as a decree of divorce. The court has full power to 5,773
enforce its decree and retains jurisdiction to modify all matters 5,774
pertaining to the allocation of parental rights and 5,775
responsibilities for the care of the children, to the designation 5,776
f a residential parent and legal custodian of the children, to 5,777
child support, TO PARENTING TIME OF PARENTS WITH THE CHILDREN, 5,778
and to visitation FOR PERSONS WHO ARE NOT THE CHILDREN'S PARENTS. 5,780
The court, only in accordance with division (E)(2) of section 5,782
3105.18 of the Revised Code, may modify the amount or terms of 5,783
spousal support.
(C) At any time before a decree of dissolution of marriage 5,785
135
has been granted under division (B) of this section, either 5,786
spouse may convert the action for dissolution of marriage into a 5,787
divorce action by filing a motion with the court in which the 5,788
action for dissolution of marriage is pending for conversion of 5,789
the action for dissolution of marriage. The motion shall contain 5,790
a complaint for divorce that contains grounds for a divorce and 5,791
that otherwise complies with the Rules of Civil Procedure and 5,792
this chapter. The divorce action then shall proceed in 5,793
accordance with the Rules of Civil Procedure in the same manner 5,794
as if the motion had been the original complaint in the action, 5,795
including, but not limited to, the issuance and service of 5,796
summons pursuant to Civil Rules 4 to 4.6, except that no court 5,797
fees shall be charged upon conversion of the action for 5,798
dissolution of marriage into a divorce action under this 5,799
division. 5,800
Sec. 3107.01. As used in sections 3107.01 to 3107.19 of 5,809
the Revised Code:
(A) "Agency" means any public or private organization 5,811
certified, licensed, or otherwise specially empowered by law or 5,812
rule to place minors for adoption. 5,813
(B) "Attorney" means a person who has been admitted to the 5,815
bar by order of the Ohio supreme court. 5,816
(C) "Child" means a son or daughter, whether by birth or 5,818
by adoption. 5,819
(D) "Court" means the probate courts of this state, and 5,821
when the context requires, means the court of any other state 5,823
empowered to grant petitions for adoption. 5,824
(E) "Foster caregiver" has the same meaning as in section 5,826
5103.02 of the Revised Code. 5,827
(F) "Identifying information" means any of the following 5,830
with regard to a person: first name, last name, maiden name, 5,831
alias, social security number, address, telephone number, place 5,832
of employment, number used to identify the person for the purpose 5,833
of the statewide education management information system
136
established pursuant to section 3301.0714 of the Revised Code, 5,834
and any other number federal or state law requires or permits to 5,835
be used to identify the person.
(G) "Minor" means a person under the age of eighteen 5,837
years. 5,838
(H) "Putative father" means a man, including one under age 5,841
eighteen, who may be a child's father and to whom all of the 5,842
following apply:
(1) He is not married to the child's mother at the time of 5,844
the child's conception or birth; 5,845
(2) He has not adopted the child; 5,847
(3) He has not been determined, prior to the date a 5,849
petition to adopt the child is filed, to have a parent and child 5,850
relationship with the child by a court proceeding pursuant to 5,851
sections 3111.01 to 3111.19 3111.18 of the Revised Code, a court 5,853
proceeding in another state, an administrative agency proceeding 5,854
pursuant to sections 3111.20 3111.38 to 3111.29 3111.54 of the 5,856
Revised Code, or an administrative agency proceeding in another 5,857
state;
(4) He has not acknowledged paternity of the child 5,859
pursuant to section 5101.314 SECTIONS 3111.21 TO 3111.35 of the 5,860
Revised Code.
Sec. 3107.06. Unless consent is not required under section 5,869
3107.07 of the Revised Code, a petition to adopt a minor may be 5,870
granted only if written consent to the adoption has been executed 5,871
by all of the following: 5,872
(A) The mother of the minor; 5,874
(B) The father of the minor, if any of the following 5,876
apply:
(1) The minor was conceived or born while the father was 5,878
married to the mother; 5,879
(2) The minor is his child by adoption; 5,881
(3) Prior to the date the petition was filed, it was 5,883
determined by a court proceeding pursuant to sections 3111.01 to 5,884
137
3111.19 3111.18 of the Revised Code, a court proceeding in 5,887
another state, an administrative proceeding pursuant to sections
3111.20 3111.38 to 3111.29 3111.54 of the Revised Code, or an 5,889
administrative proceeding in another state that he has a parent 5,891
and child relationship with the minor; 5,892
(4) He acknowledged paternity of the child and that 5,894
acknowledgment has become final pursuant to section 2151.232, 5,895
3111.211 3111.25, or 5101.314 3111.821 of the Revised Code. 5,897
(C) The putative father of the minor; 5,899
(D) Any person or agency having permanent custody of the 5,901
minor or authorized by court order to consent; 5,902
(E) The juvenile court that has jurisdiction to determine 5,904
custody of the minor, if the legal guardian or custodian of the 5,905
minor is not authorized by law or court order to consent to the 5,906
adoption; 5,907
(F) The minor, if more than twelve years of age, unless 5,909
the court, finding that it is in the best interest of the minor, 5,910
determines that the minor's consent is not required. 5,911
Sec. 3107.064. (A) Except as provided in division (B) of 5,921
this section, a court shall not issue a final decree of adoption
or finalize an interlocutory order of adoption unless the mother 5,922
placing the minor for adoption or the agency or attorney 5,923
arranging the adoption files with the court a certified document 5,924
provided by the department of job and family services under 5,926
section 3107.063 of the Revised Code. The court shall not accept
the document unless the date the department places on the 5,927
document pursuant to that section is thirty-one or more days 5,928
after the date of the minor's birth. 5,929
(B) The document described in division (A) of this section 5,932
is not required if any of the following apply:
(1) The mother was married at the time the minor was 5,934
conceived or born;
(2) The parent placing the minor for adoption previously 5,936
adopted the minor; 5,937
138
(3) Prior to the date a petition to adopt the minor is 5,939
filed, a man has been determined to have a parent and child 5,940
relationship with the minor by a court proceeding pursuant to 5,941
sections 3111.01 to 3111.19 3111.18 of the Revised Code, a court 5,943
proceeding in another state, an administrative agency proceeding 5,944
pursuant to sections 3111.20 3111.38 to 3111.29 3111.54 of the 5,945
Revised Code, or an administrative agency proceeding in another 5,946
state;
(4) The minor's father acknowledged paternity of the minor 5,948
and that acknowledgment has become final pursuant to section 5,950
2151.232, 3111.211 3111.25, or 5101.314 3111.821 of the Revised 5,951
Code;
(5) A public children services agency has permanent 5,954
custody of the minor pursuant to Chapter 2151. or division (B) of 5,955
section 5103.15 of the Revised Code after both parents lost or 5,956
surrendered parental rights, privileges, and responsibilities 5,957
over the minor.
Sec. 3107.15. (A) A final decree of adoption and an 5,966
interlocutory order of adoption that has become final as issued 5,967
by a court of this state, or a decree issued by a jurisdiction 5,968
outside this state as recognized pursuant to section 3107.18 of 5,969
the Revised Code, shall have the following effects as to all 5,970
matters within the jurisdiction or before a court of this state, 5,971
whether issued before or after the effective date of this 5,972
amendment MAY 30, 1996: 5,973
(1) Except with respect to a spouse of the petitioner and 5,975
relatives of the spouse, to relieve the biological or other legal 5,976
parents of the adopted person of all parental rights and 5,977
responsibilities, and to terminate all legal relationships 5,978
between the adopted person and the adopted person's relatives, 5,980
including the adopted person's biological or other legal parents,
so that the adopted person thereafter is a stranger to the 5,981
adopted person's former relatives for all purposes including 5,983
inheritance and the interpretation or construction of documents, 5,984
139
statutes, and instruments, whether executed before or after the 5,985
adoption is decreed, which do not expressly include the person by 5,986
name or by some designation not based on a parent and child or 5,987
blood relationship;
(2) To create the relationship of parent and child between 5,989
petitioner and the adopted person, as if the adopted person were 5,990
a legitimate blood descendant of the petitioner, for all purposes 5,991
including inheritance and applicability of statutes, documents, 5,992
and instruments, whether executed before or after the adoption is 5,993
decreed, and whether executed or created before or after the 5,994
effective date of this amendment MAY 30, 1996, which do not 5,995
expressly exclude an adopted person from their operation or 5,997
effect.
(B) Notwithstanding division (A) of this section, if a 5,999
parent of a child dies without the relationship of parent and 6,000
child having been previously terminated and a spouse of the 6,001
living parent thereafter adopts the child, the child's rights 6,002
from or through the deceased parent for all purposes, including 6,003
inheritance and applicability or construction of documents, 6,004
statutes, and instruments, are not restricted or curtailed by the 6,005
adoption. 6,006
(C) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, IF THE 6,008
RELATIONSHIP OF PARENT AND CHILD HAS NOT BEEN TERMINATED BETWEEN 6,009
A PARENT AND THAT PARENT'S CHILD AND A SPOUSE OF THE OTHER PARENT 6,010
OF THE CHILD ADOPTS THE CHILD, A GRANDPARENT'S OR RELATIVE'S 6,011
RIGHT TO COMPANIONSHIP OR VISITATION PURSUANT TO SECTION 3109.11 6,012
OF THE REVISED CODE IS NOT RESTRICTED OR CURTAILED BY THE
ADOPTION. 6,013
(D) An interlocutory order of adoption, while it is in 6,015
force, has the same legal effect as a final decree of adoption. 6,016
If an interlocutory order of adoption is vacated, it shall be as 6,017
though void from its issuance, and the rights, liabilities, and 6,018
status of all affected persons that have not become vested are 6,019
governed accordingly. 6,020
140
Sec. 3109.04. (A) In any divorce, legal separation, or 6,029
annulment proceeding and in any proceeding pertaining to the 6,030
allocation of parental rights and responsibilities for the care 6,031
of a child, upon hearing the testimony of either or both parents 6,032
and considering any mediation report filed pursuant to section 6,033
3109.052 of the Revised Code and in accordance with sections 6,034
3109.21 to 3109.36 of the Revised Code, the court shall allocate 6,035
the parental rights and responsibilities for the care of the 6,036
minor children of the marriage. Subject to division (D)(2) of 6,037
this section, the court may allocate the parental rights and 6,038
responsibilities for the care of the children in either of the 6,039
following ways: 6,040
(1) If neither parent files a pleading or motion in 6,042
accordance with division (G) of this section, if at least one 6,043
parent files a pleading or motion under that division but no 6,044
parent who filed a pleading or motion under that division also 6,045
files a plan for shared parenting, or if at least one parent 6,046
files both a pleading or motion and a shared parenting plan under 6,047
that division but no plan for shared parenting is in the best 6,048
interest of the children, the court, in a manner consistent with 6,049
the best interest of the children, shall allocate the parental 6,050
rights and responsibilities for the care of the children 6,051
primarily to one of the parents, designate that parent as the 6,052
residential parent and the legal custodian of the child, and 6,053
divide between the parents the other rights and responsibilities 6,054
for the care of the children, including, but not limited to, the 6,055
responsibility to provide support for the children and the right 6,056
of the parent who is not the residential parent to have 6,057
continuing contact with the children. 6,058
(2) If at least one parent files a pleading or motion in 6,060
accordance with division (G) of this section and a plan for 6,061
shared parenting pursuant to that division and if a plan for 6,062
shared parenting is in the best interest of the children and is 6,063
approved by the court in accordance with division (D)(1) of this 6,064
141
section, the court may allocate the parental rights and 6,065
responsibilities for the care of the children to both parents and 6,066
issue a shared parenting order requiring the parents to share all 6,067
or some of the aspects of the physical and legal care of the 6,068
children in accordance with the approved plan for shared 6,069
parenting. If the court issues a shared parenting order under 6,070
this division and it is necessary for the purpose of receiving 6,071
public assistance, the court shall designate which one of the 6,072
parents' residences is to serve as the child's home. The child 6,073
support obligations of the parents under a shared parenting order 6,074
issued under this division shall be determined in accordance with 6,075
section 3113.215 CHAPTERS 3119., 3121., 3123., AND 3125. of the 6,077
Revised Code.
(B)(1) When making the allocation of the parental rights 6,079
and responsibilities for the care of the children under this 6,080
section in an original proceeding or in any proceeding for 6,081
modification of a prior order of the court making the allocation, 6,082
the court shall take into account that which would be in the best 6,083
interest of the children. In determining the child's best 6,084
interest for purposes of making its allocation of the parental 6,085
rights and responsibilities for the care of the child and for 6,086
purposes of resolving any issues related to the making of that 6,087
allocation, the court, in its discretion, may and, upon the 6,088
request of either party, shall interview in chambers any or all 6,089
of the involved children regarding their wishes and concerns with 6,090
respect to the allocation. 6,091
(2) If the court interviews any child pursuant to division 6,093
(B)(1) of this section, all of the following apply: 6,094
(a) The court, in its discretion, may and, upon the motion 6,096
of either parent, shall appoint a guardian ad litem for the 6,097
child. 6,098
(b) The court first shall determine the reasoning ability 6,100
of the child. If the court determines that the child does not 6,101
have sufficient reasoning ability to express his THE CHILD'S 6,102
142
wishes and concern with respect to the allocation of parental 6,104
rights and responsibilities for the care of the child, it shall 6,105
not determine the child's wishes and concerns with respect to the 6,106
allocation. If the court determines that the child has 6,107
sufficient reasoning ability to express his THE CHILD'S wishes or 6,109
concerns with respect to the allocation, it then shall determine 6,110
whether, because of special circumstances, it would not be in the 6,111
best interest of the child to determine the child's wishes and 6,112
concerns with respect to the allocation. If the court determines 6,113
that, because of special circumstances, it would not be in the 6,114
best interest of the child to determine the child's wishes and 6,115
concerns with respect to the allocation, it shall not determine 6,116
the child's wishes and concerns with respect to the allocation 6,117
and shall enter its written findings of fact and opinion in the 6,118
journal. If the court determines that it would be in the best 6,119
interests of the child to determine the child's wishes and 6,120
concerns with respect to the allocation, it shall proceed to make 6,121
that determination. 6,122
(c) The interview shall be conducted in chambers, and no 6,124
person other than the child, the child's attorney, the judge, any 6,125
necessary court personnel, and, in the judge's discretion, the 6,126
attorney of each parent shall be permitted to be present in the 6,127
chambers during the interview. 6,128
(3) No person shall obtain or attempt to obtain from a 6,130
child a written or recorded statement or affidavit setting forth 6,131
the child's wishes and concerns regarding the allocation of 6,132
parental rights and responsibilities concerning the child. No 6,133
court, in determining the child's best interest for purposes of 6,134
making its allocation of the parental rights and responsibilities 6,135
for the care of the child or for purposes of resolving any issues 6,136
related to the making of that allocation, shall accept or 6,137
consider a written or recorded statement or affidavit that 6,138
purports to set forth the child's wishes and concerns regarding 6,139
those matters. 6,140
143
(C) Prior to trial, the court may cause an investigation 6,142
to be made as to the character, family relations, past conduct, 6,143
earning ability, and financial worth of each parent and may order 6,144
the parents and their minor children to submit to medical, 6,145
psychological, and psychiatric examinations. The report of the 6,146
investigation and examinations shall be made available to either 6,147
parent or his THE PARENT'S counsel of record not less than five 6,148
days before trial, upon written request. The report shall be 6,150
signed by the investigator, and the investigator shall be subject 6,151
to cross-examination by either parent concerning the contents of 6,152
the report. The court may tax as costs all or any part of the 6,153
expenses for each investigation. 6,154
If the court determines that either parent previously has 6,156
been convicted of or pleaded guilty to any criminal offense 6,157
involving any act that resulted in a child being a neglected 6,158
child, that either parent previously has been determined to be 6,159
the perpetrator of the neglectful act that is the basis of an 6,160
adjudication that a child is a neglected child, or that there is 6,161
reason to believe that either parent has acted in a manner 6,162
resulting in a child being a neglected child, the court shall 6,163
consider that fact against naming that parent the residential 6,164
parent and against granting a shared parenting decree. When the 6,165
court allocates parental rights and responsibilities for the care 6,166
of children or determines whether to grant shared parenting in 6,167
any proceeding, it shall consider whether either parent has been 6,168
convicted of or pleaded guilty to a violation of section 2919.25 6,169
of the Revised Code involving a victim who at the time of the 6,170
commission of the offense was a member of the family or household 6,171
that is the subject of the proceeding, has been convicted of or 6,172
pleaded guilty to any other offense involving a victim who at the 6,173
time of the commission of the offense was a member of the family 6,174
or household that is the subject of the proceeding and caused 6,175
physical harm to the victim in the commission of the offense, or 6,176
has been determined to be the perpetrator of the abusive act that 6,177
144
is the basis of an adjudication that a child is an abused child. 6,178
If the court determines that either parent has been convicted of 6,179
or pleaded guilty to a violation of section 2919.25 of the 6,180
Revised Code involving a victim who at the time of the commission 6,181
of the offense was a member of the family or household that is 6,182
the subject of the proceeding, has been convicted of or pleaded 6,183
guilty to any other offense involving a victim who at the time of 6,184
the commission of the offense was a member of the family or 6,185
household that is the subject of the proceeding and caused 6,186
physical harm to the victim in the commission of the offense, or 6,187
has been determined to be the perpetrator of the abusive act that 6,188
is the basis of an adjudication that a child is an abused child, 6,189
it may designate that parent as the residential parent and may 6,190
issue a shared parenting decree or order only if it determines 6,191
that it is in the best interest of the child to name that parent 6,192
the residential parent or to issue a shared parenting decree or 6,193
order and it makes specific written findings of fact to support 6,194
its determination. 6,195
(D)(1)(a) Upon the filing of a pleading or motion by 6,197
either parent or both parents, in accordance with division (G) of 6,198
this section, requesting shared parenting and the filing of a 6,199
shared parenting plan in accordance with that division, the court 6,200
shall comply with division (D)(1)(a)(i), (ii), or (iii) of this 6,201
section, whichever is applicable: 6,202
(i) If both parents jointly make the request in their 6,204
pleadings or jointly file the motion and also jointly file the 6,205
plan, the court shall review the parents' plan to determine if it 6,206
is in the best interest of the children. If the court determines 6,207
that the plan is in the best interest of the children, the court 6,208
shall approve it. If the court determines that the plan or any 6,209
part of the plan is not in the best interest of the children, the 6,210
court shall require the parents to make appropriate changes to 6,211
the plan to meet the court's objections to it. If changes to the 6,212
plan are made to meet the court's objections, and if the new plan 6,213
145
is in the best interest of the children, the court shall approve 6,214
the plan. If changes to the plan are not made to meet the 6,215
court's objections, or if the parents attempt to make changes to 6,216
the plan to meet the court's objections, but the court determines 6,217
that the new plan or any part of the new plan still is not in the 6,218
best interest of the children, the court may reject the portion 6,219
of the parents' pleadings or deny their motion requesting shared 6,220
parenting of the children and proceed as if the request in the 6,221
pleadings or the motion had not been made. The court shall not 6,222
approve a plan under this division unless it determines that the 6,223
plan is in the best interest of the children. 6,224
(ii) If each parent makes a request in his THE PARENT'S 6,226
pleadings or files a motion and each also files his own A 6,228
separate plan, the court shall review each plan filed to 6,229
determine if either is in the best interest of the children. If 6,230
the court determines that one of the filed plans is in the best 6,231
interest of the children, the court may approve the plan. If the 6,232
court determines that neither filed plan is in the best interest 6,233
of the children, the court may order each parent to submit 6,234
appropriate changes to his own THE PARENT'S plan or both of the 6,235
filed plans to meet the court's objections, or may select one of 6,236
the filed plans and order each parent to submit appropriate 6,237
changes to the selected plan to meet the court's objections. If 6,238
changes to the plan or plans are submitted to meet the court's 6,239
objections, and if any of the filed plans with the changes is in 6,240
the best interest of the children, the court may approve the plan 6,241
with the changes. If changes to the plan or plans are not 6,242
submitted to meet the court's objections, or if the parents 6,243
submit changes to the plan or plans to meet the court's 6,244
objections but the court determines that none of the filed plans 6,245
with the submitted changes is in the best interest of the 6,246
children, the court may reject the portion of the parents' 6,247
pleadings or deny their motions requesting shared parenting of 6,248
the children and proceed as if the requests in the pleadings or 6,249
146
the motions had not been made. If the court approves a plan 6,250
under this division, either as originally filed or with submitted 6,251
changes, or if the court rejects the portion of the parents' 6,252
pleadings or denies their motions requesting shared parenting 6,253
under this division and proceeds as if the requests in the 6,254
pleadings or the motions had not been made, the court shall enter 6,255
in the record of the case findings of fact and conclusions of law 6,256
as to the reasons for the approval or the rejection or denial. 6,257
Division (D)(1)(b) of this section applies in relation to the 6,258
approval or disapproval of a plan under this division.
(iii) If each parent makes a request in his THE PARENT'S 6,260
pleadings or files a motion but only one parent files his own A 6,262
plan, or if only one parent makes a request in his THE PARENT'S 6,264
pleadings or files a motion and also files a plan, the court in 6,266
the best interest of the children may order the other parent to 6,267
file a plan for shared parenting in accordance with division (G) 6,268
of this section. The court shall review each plan filed to 6,269
determine if any plan is in the best interest of the children. 6,270
If the court determines that one of the filed plans is in the 6,271
best interest of the children, the court may approve the plan. 6,272
If the court determines that no filed plan is in the best 6,273
interest of the children, the court may order each parent to 6,274
submit appropriate changes to his own THE PARENT'S plan or both 6,276
of the filed plans to meet the court's objections or may select 6,277
one filed plan and order each parent to submit appropriate
changes to the selected plan to meet the court's objections. If 6,278
changes to the plan or plans are submitted to meet the court's 6,279
objections, and if any of the filed plans with the changes is in 6,280
the best interest of the children, the court may approve the plan 6,281
with the changes. If changes to the plan or plans are not 6,282
submitted to meet the court's objections, or if the parents 6,283
submit changes to the plan or plans to meet the court's 6,284
objections but the court determines that none of the filed plans 6,285
with the submitted changes is in the best interest of the 6,286
147
children, the court may reject the portion of the parents' 6,287
pleadings or deny the parents' motion or reject the portion of 6,288
the parents' pleadings or deny their motions requesting shared 6,289
parenting of the children and proceed as if the request or 6,290
requests or the motion or motions had not been made. If the 6,291
court approves a plan under this division, either as originally 6,292
filed or with submitted changes, or if the court rejects the 6,293
portion of the pleadings or denies the motion or motions 6,294
requesting shared parenting under this division and proceeds as 6,295
if the request or requests or the motion or motions had not been 6,296
made, the court shall enter in the record of the case findings of 6,297
fact and conclusions of law as to the reasons for the approval or 6,298
the rejection or denial. Division (D)(1)(b) of this section 6,299
applies in relation to the approval or disapproval of a plan 6,300
under this division. 6,301
(b) The approval of a plan under division (D)(1)(a)(ii) or 6,303
(iii) of this section is discretionary with the court. The court 6,304
shall not approve more than one plan under either division and 6,305
shall not approve a plan under either division unless it 6,306
determines that the plan is in the best interest of the children. 6,307
If the court, under either division, does not determine that any 6,308
filed plan or any filed plan with submitted changes is in the 6,309
best interest of the children, the court shall not approve any 6,310
plan. 6,311
(c) Whenever possible, the court shall require that a 6,313
shared parenting plan approved under division (D)(1)(a)(i), (ii), 6,314
or (iii) of this section ensure the opportunity for both parents 6,315
to have frequent and continuing contact with the child, unless 6,316
frequent and continuing contact with any parent would not be in 6,317
the best interest of the child. 6,318
(d) If a court approves a shared parenting plan under 6,320
division (D)(1)(a)(i), (ii), or (iii) of this section, the 6,321
approved plan shall be incorporated into a final shared parenting 6,322
decree granting the parents the shared parenting of the children. 6,323
148
Any final shared parenting decree shall be issued at the same 6,324
time as and shall be appended to the final decree of dissolution, 6,325
divorce, annulment, or legal separation arising out of the action 6,326
out of which the question of the allocation of parental rights 6,327
and responsibilities for the care of the children arose. 6,328
No provisional shared parenting decree shall be issued in 6,330
relation to any shared parenting plan approved under division 6,331
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared 6,332
parenting decree issued under this division has immediate effect 6,333
as a final decree on the date of its issuance, subject to 6,334
modification or termination as authorized by this section. 6,335
(2) If the court finds, with respect to any child under 6,337
eighteen years of age, that it is in the best interest of the 6,338
child for neither parent to be designated the residential parent 6,339
and legal custodian of the child, it may commit the child to a 6,340
relative of the child or certify a copy of its findings, together 6,341
with as much of the record and the further information, in 6,342
narrative form or otherwise, that it considers necessary or as 6,343
the juvenile court requests, to the juvenile court for further 6,344
proceedings, and, upon the certification, the juvenile court has 6,345
exclusive jurisdiction. 6,346
(E)(1)(a) The court shall not modify a prior decree 6,348
allocating parental rights and responsibilities for the care of 6,349
children unless it finds, based on facts that have arisen since 6,350
the prior decree or that were unknown to the court at the time of 6,351
the prior decree, that a change has occurred in the circumstances 6,352
of the child, his THE CHILD'S residential parent, or either of 6,353
the parents subject to a shared parenting decree, and that the 6,355
modification is necessary to serve the best interest of the 6,356
child. In applying these standards, the court shall retain the 6,357
residential parent designated by the prior decree or the prior 6,358
shared parenting decree, unless a modification is in the best 6,359
interest of the child and one of the following applies: 6,360
(i) The residential parent agrees to a change in the 6,362
149
residential parent or both parents under a shared parenting 6,363
decree agree to a change in the designation of residential 6,364
parent.
(ii) The child, with the consent of the residential parent 6,366
or of both parents under a shared parenting decree, has been 6,367
integrated into the family of the person seeking to become the 6,368
residential parent. 6,369
(iii) The harm likely to be caused by a change of 6,371
environment is outweighed by the advantages of the change of 6,372
environment to the child. 6,373
(b) One or both of the parents under a prior decree 6,375
allocating parental rights and responsibilities for the care of 6,376
children that is not a shared parenting decree may file a motion 6,377
requesting that the prior decree be modified to give both parents 6,378
shared rights and responsibilities for the care of the children. 6,379
The motion shall include both a request for modification of the 6,380
prior decree and a request for a shared parenting order that 6,381
complies with division (G) of this section. Upon the filing of 6,382
the motion, if the court determines that a modification of the 6,383
prior decree is authorized under division (E)(1)(a) of this 6,384
section, the court may modify the prior decree to grant a shared 6,385
parenting order, provided that the court shall not modify the 6,386
prior decree to grant a shared parenting order unless the court 6,387
complies with divisions (A) and (D)(1) of this section and, in 6,388
accordance with those divisions, approves the submitted shared 6,389
parenting plan and determines that shared parenting would be in 6,390
the best interest of the children. 6,391
(2) In addition to a modification authorized under 6,393
division (E)(1) of this section: 6,394
(a) Both parents under a shared parenting decree jointly 6,396
may modify the terms of the plan for shared parenting approved by 6,397
the court and incorporated by it into the shared parenting 6,398
decree. Modifications under this division may be made at any 6,400
time. The modifications to the plan shall be filed jointly by 6,401
150
both parents with the court, and the court shall include them in 6,402
the plan, unless they are not in the best interest of the 6,403
children. If the modifications are not in the best interests of 6,404
the children, the court, in its discretion, may reject the
modifications or make modifications to the proposed modifications 6,405
or the plan that are in the best interest of the children. 6,406
Modifications jointly submitted by both parents under a shared 6,407
parenting decree shall be effective, either as originally filed 6,408
or as modified by the court, upon their inclusion by the court in 6,410
the plan. Modifications to the plan made by the court shall be 6,411
effective upon their inclusion by the court in the plan.
(b) The court may modify the terms of the plan for shared 6,413
parenting approved by the court and incorporated by it into the 6,414
shared parenting decree upon its own motion at any time if the 6,415
court determines that the modifications are in the best interest 6,416
of the children or upon the request of one or both of the parents 6,418
under the decree. Modifications under this division may be made 6,419
at any time. The court shall not make any modification to the 6,420
plan under this division, unless the modification is in the best 6,421
interest of the children.
(c) The court may terminate a prior final shared parenting 6,423
decree that includes a shared parenting plan approved under 6,424
division (D)(1)(a)(i) of this section upon the request of one or 6,425
both of the parents or whenever it determines that shared 6,426
parenting is not in the best interest of the children. The court 6,427
may terminate a prior final shared parenting decree that includes 6,428
a shared parenting plan approved under division (D)(1)(a)(ii) or 6,429
(iii) of this section if it determines, upon its own motion or 6,430
upon the request of one or both parents, that shared parenting is 6,431
not in the best interest of the children. If modification of the 6,432
terms of the plan for shared parenting approved by the court and 6,433
incorporated by it into the final shared parenting decree is 6,434
attempted under division (E)(2)(a) of this section and the court 6,435
rejects the modifications, it may terminate the final shared 6,436
151
parenting decree if it determines that shared parenting is not in 6,437
the best interest of the children. 6,438
(d) Upon the termination of a prior final shared parenting 6,441
decree under division (E)(2)(c) of this section, the court shall 6,442
proceed and issue a modified decree for the allocation of 6,443
parental rights and responsibilities for the care of the children 6,444
under the standards applicable under divisions (A), (B), and (C) 6,445
of this section as if no decree for shared parenting had been 6,446
granted and as if no request for shared parenting ever had been 6,447
made.
(F)(1) In determining the best interest of a child 6,449
pursuant to this section, whether on an original decree 6,450
allocating parental rights and responsibilities for the care of 6,451
children or a modification of a decree allocating those rights 6,452
and responsibilities, the court shall consider all relevant 6,453
factors, including, but not limited to: 6,454
(a) The wishes of the child's parents regarding his THE 6,456
CHILD'S care; 6,457
(b) If the court has interviewed the child in chambers 6,459
pursuant to division (B) of this section regarding the child's 6,460
wishes and concerns as to the allocation of parental rights and 6,461
responsibilities concerning the child, the wishes and concerns of 6,462
the child, as expressed to the court; 6,463
(c) The child's interaction and interrelationship with his 6,465
THE CHILD'S parents, siblings, and any other person who may 6,466
significantly affect the child's best interest; 6,467
(d) The child's adjustment to his THE CHILD'S home, 6,469
school, and community; 6,470
(e) The mental and physical health of all persons involved 6,472
in the situation; 6,473
(f) The parent more likely to honor and facilitate 6,475
COURT-APPROVED PARENTING TIME RIGHTS OR visitation and 6,477
companionship rights approved by the court;
(g) Whether either parent has failed to make all child 6,479
152
support payments, including all arrearages, that are required of 6,480
that parent pursuant to a child support order under which that 6,481
parent is an obligor; 6,482
(h) Whether either parent previously has been convicted of 6,484
or pleaded guilty to any criminal offense involving any act that 6,485
resulted in a child being an abused child or a neglected child; 6,486
whether either parent, in a case in which a child has been 6,487
adjudicated an abused child or a neglected child, previously has 6,488
been determined to be the perpetrator of the abusive or 6,489
neglectful act that is the basis of an adjudication; whether 6,490
either parent previously has been convicted of or pleaded guilty 6,491
to a violation of section 2919.25 of the Revised Code involving a 6,492
victim who at the time of the commission of the offense was a 6,493
member of the family or household that is the subject of the 6,494
current proceeding; whether either parent previously has been 6,495
convicted of or pleaded guilty to any offense involving a victim 6,496
who at the time of the commission of the offense was a member of 6,497
the family or household that is the subject of the current 6,498
proceeding and caused physical harm to the victim in the 6,499
commission of the offense; and whether there is reason to believe 6,500
that either parent has acted in a manner resulting in a child 6,501
being an abused child or a neglected child; 6,502
(i) Whether the residential parent or one of the parents 6,504
subject to a shared parenting decree has continuously and 6,505
willfully denied the other parent his or her PARENT'S right to 6,506
visitation PARENTING TIME in accordance with an order of the 6,508
court;
(j) Whether either parent has established a residence, or 6,510
is planning to establish a residence, outside this state. 6,511
(2) In determining whether shared parenting is in the best 6,513
interest of the children, the court shall consider all relevant 6,514
factors, including, but not limited to, the factors enumerated in 6,515
division (F)(1) of this section, the factors enumerated in 6,516
division (B)(3) of section 3113.215 3119.23 of the Revised Code, 6,519
153
and all of the following factors: 6,520
(a) The ability of the parents to cooperate and make 6,522
decisions jointly, with respect to the children; 6,523
(b) The ability of each parent to encourage the sharing of 6,525
love, affection, and contact between the child and the other 6,526
parent; 6,527
(c) Any history of, or potential for, child abuse, spouse 6,529
abuse, other domestic violence, or parental kidnapping by either 6,530
parent; 6,531
(d) The geographic proximity of the parents to each other, 6,533
as the proximity relates to the practical considerations of 6,534
shared parenting; 6,535
(e) The recommendation of the guardian ad litem of the 6,537
child, if the child has a guardian ad litem. 6,538
(3) When allocating parental rights and responsibilities 6,540
for the care of children, the court shall not give preference to 6,541
a parent because of that parent's financial status or condition. 6,542
(G) Either parent or both parents of any children may file 6,544
a pleading or motion with the court requesting the court to grant 6,545
both parents shared parental rights and responsibilities for the 6,546
care of the children in a proceeding held pursuant to division 6,547
(A) of this section. If a pleading or motion requesting shared 6,548
parenting is filed, the parent or parents filing the pleading or 6,549
motion also shall file with the court a plan for the exercise of 6,550
shared parenting by both parents. If each parent files a 6,551
pleading or motion requesting shared parenting but only one 6,552
parent files his own A plan or if only one parent files a 6,553
pleading or motion requesting shared parenting and also files a 6,555
plan, the other parent as ordered by the court shall file with 6,556
the court a plan for the exercise of shared parenting by both 6,557
parents. The plan for shared parenting shall be filed with the 6,558
petition for dissolution of marriage, if the question of parental 6,559
rights and responsibilities for the care of the children arises 6,560
out of an action for dissolution of marriage, or, in other cases, 6,561
154
at a time at least thirty days prior to the hearing on the issue 6,562
of the parental rights and responsibilities for the care of the 6,563
children. A plan for shared parenting shall include provisions 6,564
covering all factors that are relevant to the care of the 6,565
children, including, but not limited to, provisions covering 6,566
factors such as physical living arrangements, child support 6,567
obligations, provision for the children's medical and dental 6,568
care, school placement, and the parent with which the children 6,569
will be physically located during legal holidays, school 6,570
holidays, and other days of special importance. 6,571
(H) If an appeal is taken from a decision of a court that 6,573
grants or modifies a decree allocating parental rights and 6,574
responsibilities for the care of children, the court of appeals 6,575
shall give the case calendar priority and handle it 6,576
expeditiously. 6,577
(I) As used in this section, "abused child" has the same 6,579
meaning as in section 2151.031 of the Revised Code, and 6,580
"neglected child" has the same meaning as in section 2151.03 of 6,581
the Revised Code. 6,582
(J) As used in the Revised Code, "shared parenting" means 6,584
that the parents share, in the manner set forth in the plan for 6,585
shared parenting that is approved by the court under division 6,586
(D)(1) and described in division (K)(6) of this section, all or 6,587
some of the aspects of physical and legal care of their children. 6,589
(K) For purposes of the Revised Code: 6,591
(1) A parent who is granted the care, custody, and control 6,593
of a child under an order that was issued pursuant to this 6,594
section prior to April 11, 1991, and that does not provide for 6,595
shared parenting has "custody of the child" and "care, custody, 6,596
and control of the child" under the order, and is the 6,597
"residential parent," the "residential parent and legal 6,598
custodian," or the "custodial parent" of the child under the 6,599
order. 6,600
(2) A parent who primarily is allocated the parental 6,602
155
rights and responsibilities for the care of a child and who is 6,603
designated as the residential parent and legal custodian of the 6,604
child under an order that is issued pursuant to this section on 6,605
or after April 11, 1991, and that does not provide for shared 6,606
parenting has "custody of the child" and "care, custody, and 6,607
control of the child" under the order, and is the "residential 6,608
parent," the "residential parent and legal custodian," or the 6,609
"custodial parent" of the child under the order. 6,610
(3) A parent who is not granted custody of a child under 6,612
an order that was issued pursuant to this section prior to April 6,613
11, 1991, and that does not provide for shared parenting is the 6,614
"parent who is not the residential parent," the "parent who is 6,615
not the residential parent and legal custodian," or the 6,616
"noncustodial parent" of the child under the order. 6,617
(4) A parent who is not primarily allocated the parental 6,619
rights and responsibilities for the care of a child and who is 6,620
not designated as the residential parent and legal custodian of 6,621
the child under an order that is issued pursuant to this section 6,622
on or after April 11, 1991, and that does not provide for shared 6,623
parenting is the "parent who is not the residential parent," the 6,624
"parent who is not the residential parent and legal custodian," 6,625
or the "noncustodial parent" of the child under the order. 6,626
(5) Unless the context clearly requires otherwise, if an 6,628
order is issued by a court pursuant to this section and the order 6,629
provides for shared parenting of a child, both parents have 6,630
"custody of the child" or "care, custody, and control of the 6,631
child" under the order, to the extent and in the manner specified 6,632
in the order. 6,633
(6) Unless the context clearly requires otherwise and 6,635
except as otherwise provided in the order, if an order is issued 6,636
by a court pursuant to this section and the order provides for 6,637
shared parenting of a child, each parent, regardless of where the 6,638
child is physically located or with whom the child is residing at 6,639
a particular point in time, as specified in the order, is the 6,641
156
"residential parent," the "residential parent and legal
custodian," or the "custodial parent" of the child. 6,642
(7) Unless the context clearly requires otherwise and 6,644
except as otherwise provided in the order, a designation in the 6,645
order of a parent as the residential parent for the purpose of 6,646
determining the school the child attends, as the custodial parent 6,647
for purposes of claiming the child as a dependent pursuant to 6,648
section 152(e) of the "Internal Revenue Code of 1986," 100 Stat. 6,649
2085, 26 U.S.C.A. 1, as amended, or as the residential parent for
purposes of receiving public assistance pursuant to division 6,650
(A)(2) of this section, does not affect the designation pursuant 6,651
to division (K)(6) of this section of each parent as the 6,652
"residential parent," the "residential parent and legal 6,653
custodian," or the "custodial parent" of the child.
Sec. 3109.05. (A)(1) In a divorce, dissolution of 6,662
marriage, legal separation, or child support proceeding, the 6,663
court may order either or both parents to support or help support 6,664
their children, without regard to marital misconduct. In 6,665
determining the amount reasonable or necessary for child support, 6,666
including the medical needs of the child, the court shall comply 6,667
with sections 3113.21 to 3113.219 CHAPTER 3119. of the Revised 6,669
Code.
(2) The court, in accordance with sections 3113.21 and 6,671
3113.217 CHAPTER 3119. of the Revised Code, shall include in each 6,673
support order made under this section the requirement that one or 6,674
both of the parents provide for the health care needs of the 6,675
child to the satisfaction of the court, and the court shall 6,676
include in the support order a requirement that all support 6,677
payments be made through the division OFFICE of child support in 6,678
the department of job and family services. 6,679
(3) Each order for child support made or modified under 6,681
this section shall include as part of the order a general 6,683
provision, as described in division (A)(1) of section 3113.21 of 6,684
the Revised Code, requiring the withholding or deduction of 6,685
157
income or assets of the obligor under the order as described in 6,687
division (D) or (H) of section 3113.21 of the Revised Code, or 6,688
another type of appropriate requirement as described in division 6,689
(D)(3), (D)(4), or (H) of that section, to ensure that 6,691
withholding or deduction from the income or assets of the obligor 6,693
is available from the commencement of the support order for 6,694
collection of the support and of any arrearages that occur; a 6,695
statement requiring both parents to notify the child support 6,696
enforcement agency in writing of their current mailing address; 6,697
current residence address, current residence telephone number, 6,698
current driver's license number, and any changes to that 6,699
information, and a notice that the requirement to notify the 6,700
agency of all changes to that information continues until further 6,702
notice from the court. The court shall comply with sections 6,703
3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 3125. of 6,705
the Revised Code when it makes or modifies an order for child 6,706
support under this section.
(B) The juvenile court has exclusive jurisdiction to enter 6,708
the orders in any case certified to it from another court. 6,709
(C) If any person required to pay child support under an 6,711
order made under division (A) of this section on or after April 6,712
15, 1985, or modified on or after December 1, 1986, is found in 6,713
contempt of court for failure to make support payments under the 6,714
order, the court that makes the finding, in addition to any other 6,715
penalty or remedy imposed, shall assess all court costs arising 6,716
out of the contempt proceeding against the person and require the 6,717
person to pay any reasonable attorney's fees of any adverse 6,718
party, as determined by the court, that arose in relation to the 6,719
act of contempt and, on or after July 1, 1992, shall assess 6,720
interest on any unpaid amount of child support pursuant to 6,721
section 3113.219 3123.17 of the Revised Code. 6,722
(D) The court shall not authorize or permit the escrowing, 6,724
impoundment, or withholding of any child support payment ordered 6,725
under this section or any other section of the Revised Code 6,726
158
because of a denial of or interference with a right of PARENTING 6,728
TIME GRANTED TO A PARENT IN AN ORDER ISSUED UNDER THIS SECTION OR
SECTION 3109.051 OR 3109.12 OF THE REVISED CODE OR companionship 6,729
or visitation granted in an order issued under this section, 6,731
section 3109.051, 3109.11, 3109.12, or any other section of the 6,732
Revised Code, or as a method of enforcing the specific provisions 6,733
of any such order dealing with PARENTING TIME OR visitation.
(E) Notwithstanding section 3109.01 of the Revised Code, 6,735
if a court issues a child support order under this section, the 6,736
order shall remain in effect beyond the child's eighteenth 6,737
birthday as long as the child continuously attends on a full-time 6,738
basis any recognized and accredited high school or the order 6,740
provides that the duty of support of the child continues beyond 6,741
the child's eighteenth birthday. Except in cases in which the 6,743
order provides that the duty of support continues for any period 6,744
after the child reaches age nineteen, the order shall not remain 6,745
in effect after the child reaches age nineteen. Any parent 6,747
ordered to pay support under a child support order issued under
this section shall continue to pay support under the order, 6,748
including during seasonal vacation periods, until the order 6,749
terminates. 6,750
Sec. 3109.051. (A) If a divorce, dissolution, legal 6,759
separation, or annulment proceeding involves a child and if the 6,760
court has not issued a shared parenting decree, the court shall 6,761
consider any mediation report filed pursuant to section 3109.052 6,762
of the Revised Code and, in accordance with division (C) of this 6,763
section, shall make a just and reasonable order or decree 6,764
permitting each parent who is not the residential parent to visit 6,765
HAVE PARENTING TIME WITH the child at the time and under the 6,767
conditions that the court directs, unless the court determines 6,768
that it would not be in the best interest of the child to permit 6,769
that parent to visit HAVE PARENTING TIME WITH the child and 6,771
includes in the journal its findings of fact and conclusions of 6,772
law. Whenever possible, the order or decree permitting the 6,773
159
visitation PARENTING TIME shall ensure the opportunity for both 6,774
parents to have frequent and continuing contact with the child, 6,775
unless frequent and continuing contact by either parent with the 6,776
child would not be in the best interest of the child. The court 6,777
shall include in its final decree a specific schedule of 6,778
visitation PARENTING TIME for that parent. Except as provided in 6,780
division (E)(6) of section 3113.31 of the Revised Code, if the 6,781
court, pursuant to this section, grants any person PARENTING TIME 6,783
TO A PARENT OR companionship or visitation rights TO ANY OTHER 6,784
PERSON with respect to any child, it shall not require the public 6,785
children services agency to provide supervision of or other 6,786
services related to that PARENT'S EXERCISE OF PARENTING TIME OR
THAT person's exercise of companionship or visitation rights with 6,788
respect to the child. This section does not limit the power of a 6,789
juvenile court pursuant to Chapter 2151. of the Revised Code to 6,790
issue orders with respect to children who are alleged to be 6,791
abused, neglected, or dependent children or to make dispositions 6,792
of children who are adjudicated abused, neglected, or dependent
children or of a common pleas court to issue orders pursuant to 6,793
section 3113.31 of the Revised Code. 6,794
(B)(1) In a divorce, dissolution of marriage, legal 6,796
separation, annulment, or child support proceeding that involves 6,797
a child, the court may grant reasonable companionship or 6,798
visitation rights to any grandparent, any person related to the 6,799
child by consanguinity or affinity, or any other person other 6,800
than a parent, if all of the following apply: 6,801
(a) The grandparent, relative, or other person files a 6,803
motion with the court seeking companionship or visitation rights. 6,804
(b) The court determines that the grandparent, relative, 6,806
or other person has an interest in the welfare of the child. 6,807
(c) The court determines that the granting of the 6,809
companionship or visitation rights is in the best interest of the 6,810
child. 6,811
(2) A motion may be filed under division (B)(1) of this 6,813
160
section during the pendency of the divorce, dissolution of 6,814
marriage, legal separation, annulment, or child support 6,815
proceeding or, if a motion was not filed at that time or was 6,816
filed at that time and the circumstances in the case have 6,817
changed, at any time after a decree or final order is issued in 6,818
the case. 6,819
(C) When determining whether TO GRANT PARENTING TIME 6,821
RIGHTS TO A PARENT PURSUANT TO THIS SECTION OR SECTION 3109.12 OF 6,822
THE REVISED CODE OR to grant companionship or visitation rights 6,824
to a parent, grandparent, relative, or other person pursuant to 6,825
this section or section 3109.11 or 3109.12 of the Revised Code, 6,826
when establishing a specific PARENTING TIME OR visitation 6,827
schedule, and when determining other PARENTING TIME MATTERS UNDER 6,828
THIS SECTION OR SECTION 3109.12 OF THE REVISED CODE OR visitation 6,829
matters under this section or section 3109.11 or 3109.12 of the 6,830
Revised Code, the court shall consider any mediation report that 6,831
is filed pursuant to section 3109.052 of the Revised Code and 6,832
shall consider all other relevant factors, including, but not 6,833
limited to, all of the factors listed in division (D) of this 6,834
section. In considering the factors listed in division (D) of 6,835
this section for purposes of determining whether to grant 6,836
PARENTING TIME OR visitation rights, establishing a specific 6,838
PARENTING TIME OR visitation schedule, determining other 6,839
PARENTING TIME MATTERS UNDER THIS SECTION OR SECTION 3109.12 OF 6,840
THE REVISED CODE OR visitation matters under this section or 6,841
under section 3109.11 or 3109.12 of the Revised Code, and 6,842
resolving any issues related to the making of any determination 6,843
with respect to PARENTING TIME OR visitation rights or the 6,845
establishment of any specific PARENTING TIME OR visitation
schedule, the court, in its discretion, may interview in chambers 6,847
any or all involved children regarding their wishes and concerns. 6,848
If the court interviews any child concerning the child's wishes 6,849
and concerns regarding those PARENTING TIME OR visitation 6,850
matters, the interview shall be conducted in chambers, and no 6,852
161
person other than the child, the child's attorney, the judge, any 6,853
necessary court personnel, and, in the judge's discretion, the 6,854
attorney of each parent shall be permitted to be present in the 6,855
chambers during the interview. No person shall obtain or attempt 6,856
to obtain from a child a written or recorded statement or 6,857
affidavit setting forth the wishes and concerns of the child 6,858
regarding those PARENTING TIME OR visitation matters. A court, 6,860
in considering the factors listed in division (D) of this section 6,861
for purposes of determining whether to grant any PARENTING TIME 6,862
OR visitation rights, establishing a PARENTING TIME OR visitation 6,863
schedule, determining other PARENTING TIME MATTERS UNDER THIS 6,864
SECTION OR SECTION 3109.12 OF THE REVISED CODE OR visitation 6,865
matters under this section or under section 3109.11 or 3109.12 of 6,866
the Revised Code, or resolving any issues related to the making 6,867
of any determination with respect to PARENTING TIME OR visitation 6,869
rights or the establishment of any specific PARENTING TIME OR 6,870
visitation schedule, shall not accept or consider a written or 6,871
recorded statement or affidavit that purports to set forth the 6,872
child's wishes or concerns regarding those PARENTING TIME OR 6,873
visitation matters. 6,874
(D) In determining whether to grant PARENTING TIME TO A 6,876
PARENT PURSUANT TO THIS SECTION OR SECTION 3109.12 OF THE REVISED 6,877
CODE OR companionship or visitation rights to a parent, 6,878
grandparent, relative, or other person pursuant to this section 6,879
or section 3109.11 or 3109.12 of the Revised Code, in 6,880
establishing a specific PARENTING TIME OR visitation schedule, 6,881
and in determining other PARENTING TIME MATTERS UNDER THIS 6,882
SECTION OR SECTION 3109.12 OF THE REVISED CODE OR visitation 6,883
matters under this section or section 3109.11 or 3109.12 of the 6,884
Revised Code, the court shall consider all of the following 6,885
factors:
(1) The prior interaction and interrelationships of the 6,887
child with the child's parents, siblings, and other persons 6,888
related by consanguinity or affinity, and with the person who 6,889
162
requested companionship or visitation if that person is not a 6,890
parent, sibling, or relative of the child; 6,891
(2) The geographical location of the residence of each 6,893
parent and the distance between those residences, and if the 6,894
person who requested companionship or visitation is not a parent, 6,895
the geographical location of that person's residence and the 6,896
distance between that person's residence and the child's 6,897
residence; 6,898
(3) The child's and parents' available time, including, 6,900
but not limited to, each parent's employment schedule, the 6,901
child's school schedule, and the child's and the parents' holiday 6,902
and vacation schedule; 6,903
(4) The age of the child; 6,905
(5) The child's adjustment to home, school, and community; 6,908
(6) If the court has interviewed the child in chambers, 6,910
pursuant to division (C) of this section, regarding the wishes 6,911
and concerns of the child as to visitation PARENTING TIME by the 6,912
parent who is not the residential parent or companionship or 6,914
visitation by the grandparent, relative, or other person who 6,915
requested the companionship or visitation, as to a specific 6,916
PARENTING TIME OR visitation schedule, or as to other PARENTING 6,918
TIME OR visitation matters, the wishes and concerns of the child, 6,920
as expressed to the court;
(7) The health and safety of the child; 6,922
(8) The amount of time that will be available for the 6,924
child to spend with siblings; 6,925
(9) The mental and physical health of all parties; 6,927
(10) Each parent's willingness to reschedule missed 6,929
visitation PARENTING TIME and to facilitate the other parent's 6,930
visitation PARENTING TIME rights, and if the WITH RESPECT TO A 6,932
person who requested companionship or visitation is not a parent, 6,934
the willingness of that person to reschedule missed visitation; 6,935
(11) In relation to visitation by a parent PARENTING TIME, 6,937
whether either parent previously has been convicted of or pleaded 6,939
163
guilty to any criminal offense involving any act that resulted in 6,940
a child being an abused child or a neglected child; whether 6,941
either parent, in a case in which a child has been adjudicated an 6,942
abused child or a neglected child, previously has been determined 6,943
to be the perpetrator of the abusive or neglectful act that is 6,944
the basis of the adjudication; and whether there is reason to 6,945
believe that either parent has acted in a manner resulting in a 6,946
child being an abused child or a neglected child; 6,947
(12) In relation to requested companionship or visitation 6,949
by a person other than a parent, whether the person previously 6,950
has been convicted of or pleaded guilty to any criminal offense 6,951
involving any act that resulted in a child being an abused child 6,952
or a neglected child; whether the person, in a case in which a 6,953
child has been adjudicated an abused child or a neglected child, 6,954
previously has been determined to be the perpetrator of the 6,955
abusive or neglectful act that is the basis of the adjudication; 6,956
whether either parent previously has been convicted of or pleaded 6,957
guilty to a violation of section 2919.25 of the Revised Code 6,958
involving a victim who at the time of the commission of the 6,959
offense was a member of the family or household that is the 6,960
subject of the current proceeding; whether either parent 6,961
previously has been convicted of an offense involving a victim 6,962
who at the time of the commission of the offense was a member of 6,963
the family or household that is the subject of the current 6,964
proceeding and caused physical harm to the victim in the 6,965
commission of the offense; and whether there is reason to believe 6,966
that the person has acted in a manner resulting in a child being 6,967
an abused child or a neglected child; 6,968
(13) Whether the residential parent or one of the parents 6,970
subject to a shared parenting decree has continuously and 6,971
willfully denied the other parent's right to visitation PARENTING 6,973
TIME in accordance with an order of the court; 6,974
(14) Whether either parent has established a residence or 6,976
is planning to establish a residence outside this state; 6,977
164
(15) IN RELATION TO REQUESTED COMPANIONSHIP OR VISITATION 6,980
BY A PERSON OTHER THAN A PARENT, THE WISHES AND CONCERNS OF THE 6,981
CHILD'S PARENTS, AS EXPRESSED BY THEM TO THE COURT; 6,982
(16) Any other factor in the best interest of the child. 6,984
(E) The remarriage of a residential parent of a child does 6,986
not affect the authority of a court under this section to grant 6,987
visitation PARENTING TIME rights with respect to the child to the 6,989
parent who is not the residential parent or to grant reasonable 6,990
companionship or visitation rights with respect to the child to 6,991
any grandparent, any person related by consanguinity or affinity, 6,992
or any other person. 6,993
(F)(1) If the court, pursuant to division (A) of this 6,995
section, denies visitation PARENTING TIME to a parent who is not 6,996
the residential parent or denies a motion for reasonable 6,998
companionship or visitation rights filed under division (B) of 6,999
this section and the parent or movant files a written request for 7,000
findings of fact and conclusions of law, the court shall state in 7,001
writing its findings of fact and conclusions of law in accordance 7,002
with Civil Rule 52. 7,003
(2) On or before July 1, 1991, each court of common pleas, 7,005
by rule, shall adopt standard visitation PARENTING TIME 7,006
guidelines. A court shall have discretion to deviate from its 7,008
standard visitation PARENTING TIME guidelines based upon factors 7,009
set forth in division (D) of this section. 7,011
(G)(1) If the residential parent intends to move to a 7,013
residence other than the residence specified in the visitation 7,014
PARENTING TIME order or decree of the court, the parent shall 7,016
file a notice of intent to relocate with the court that issued 7,017
the order or decree. Except as provided in divisions (G)(2), 7,018
(3), and (4) of this section, the court shall send a copy of the 7,019
notice to the parent who is not the residential parent. Upon 7,020
receipt of the notice, the court, on its own motion or the motion 7,021
of the parent who is not the residential parent, may schedule a 7,022
hearing with notice to both parents to determine whether it is in 7,023
165
the best interest of the child to revise the visitation PARENTING 7,024
TIME schedule for the child. 7,026
(2) When a court grants visitation or companionship 7,028
PARENTING TIME rights to a parent who is not the residential 7,030
parent, the court shall determine whether that parent has been 7,031
convicted of or pleaded guilty to a violation of section 2919.25 7,032
of the Revised Code involving a victim who at the time of the 7,033
commission of the offense was a member of the family or household 7,034
that is the subject of the proceeding, has been convicted of or 7,035
pleaded guilty to any other offense involving a victim who at the 7,036
time of the commission of the offense was a member of the family 7,037
or household that is the subject of the proceeding and caused 7,038
physical harm to the victim in the commission of the offense, or 7,039
has been determined to be the perpetrator of the abusive act that 7,040
is the basis of an adjudication that a child is an abused child. 7,041
If the court determines that that parent has not been so 7,042
convicted and has not been determined to be the perpetrator of an 7,043
abusive act that is the basis of a child abuse adjudication, the 7,044
court shall issue an order stating that a copy of any notice of 7,045
relocation that is filed with the court pursuant to division 7,046
(G)(1) of this section will be sent to the parent who is given 7,047
the visitation or companionship PARENTING TIME rights in 7,048
accordance with division (G)(1) of this section. 7,050
If the court determines that the parent who is granted the 7,052
visitation or companionship PARENTING TIME rights has been 7,053
convicted of or pleaded guilty to a violation of section 2919.25 7,055
of the Revised Code involving a victim who at the time of the 7,056
commission of the offense was a member of the family or household 7,057
that is the subject of the proceeding, has been convicted of or 7,058
pleaded guilty to any other offense involving a victim who at the 7,059
time of the commission of the offense was a member of the family 7,060
or household that is the subject of the proceeding and caused 7,061
physical harm to the victim in the commission of the offense, or 7,062
has been determined to be the perpetrator of the abusive act that 7,063
166
is the basis of an adjudication that a child is an abused child, 7,064
it shall issue an order stating that that parent will not be 7,065
given a copy of any notice of relocation that is filed with the 7,066
court pursuant to division (G)(1) of this section unless the 7,067
court determines that it is in the best interest of the children 7,068
to give that parent a copy of the notice of relocation, issues an 7,069
order stating that that parent will be given a copy of any notice 7,070
of relocation filed pursuant to division (G)(1) of this section, 7,071
and issues specific written findings of fact in support of its 7,072
determination. 7,073
(3) If a court, prior to April 11, 1991, issued an order 7,075
granting visitation or companionship PARENTING TIME rights to a 7,076
parent who is not the residential parent and did not require the 7,078
residential parent in that order to give the parent who is 7,079
granted the visitation or companionship PARENTING TIME rights 7,080
notice of any change of address and if the residential parent 7,082
files a notice of relocation pursuant to division (G)(1) of this 7,083
section, the court shall determine if the parent who is granted 7,084
the visitation or companionship PARENTING TIME rights has been 7,085
convicted of or pleaded guilty to a violation of section 2919.25 7,087
of the Revised Code involving a victim who at the time of the 7,088
commission of the offense was a member of the family or household 7,089
that is the subject of the proceeding, has been convicted of or 7,090
pleaded guilty to any other offense involving a victim who at the 7,091
time of the commission of the offense was a member of the family 7,092
or household that is the subject of the proceeding and caused 7,093
physical harm to the victim in the commission of the offense, or 7,094
has been determined to be the perpetrator of the abusive act that 7,095
is the basis of an adjudication that a child is an abused child. 7,096
If the court determines that the parent who is granted the 7,097
visitation or companionship PARENTING TIME rights has not been so 7,098
convicted and has not been determined to be the perpetrator of an 7,100
abusive act that is the basis of a child abuse adjudication, the 7,101
court shall issue an order stating that a copy of any notice of 7,102
167
relocation that is filed with the court pursuant to division 7,103
(G)(1) of this section will be sent to the parent who is granted 7,104
visitation or companionship PARENTING TIME rights in accordance 7,105
with division (G)(1) of this section. 7,107
If the court determines that the parent who is granted the 7,109
visitation or companionship PARENTING TIME rights has been 7,110
convicted of or pleaded guilty to a violation of section 2919.25 7,112
of the Revised Code involving a victim who at the time of the 7,113
commission of the offense was a member of the family or household 7,114
that is the subject of the proceeding, has been convicted of or 7,115
pleaded guilty to any other offense involving a victim who at the 7,116
time of the commission of the offense was a member of the family 7,117
or household that is the subject of the proceeding and caused 7,118
physical harm to the victim in the commission of the offense, or 7,119
has been determined to be the perpetrator of the abusive act that 7,120
is the basis of an adjudication that a child is an abused child, 7,121
it shall issue an order stating that that parent will not be 7,122
given a copy of any notice of relocation that is filed with the 7,123
court pursuant to division (G)(1) of this section unless the 7,124
court determines that it is in the best interest of the children 7,125
to give that parent a copy of the notice of relocation, issues an 7,126
order stating that that parent will be given a copy of any notice 7,127
of relocation filed pursuant to division (G)(1) of this section, 7,128
and issues specific written findings of fact in support of its 7,129
determination. 7,130
(4) If a parent who is granted visitation or companionship 7,132
PARENTING TIME rights pursuant to this section or any other 7,134
section of the Revised Code is authorized by an order issued 7,135
pursuant to this section or any other court order to receive a 7,136
copy of any notice of relocation that is filed pursuant to 7,137
division (G)(1) of this section or pursuant to court order, if 7,138
the residential parent intends to move to a residence other than 7,139
the residence address specified in the visitation or 7,140
companionship PARENTING TIME order, and if the residential parent 7,142
168
does not want the parent who is granted the visitation or 7,143
companionship PARENTING TIME rights to receive a copy of the 7,144
relocation notice because the parent with visitation or 7,145
companionship PARENTING TIME rights has been convicted of or 7,147
pleaded guilty to a violation of section 2919.25 of the Revised 7,148
Code involving a victim who at the time of the commission of the 7,149
offense was a member of the family or household that is the 7,150
subject of the proceeding, has been convicted of or pleaded 7,151
guilty to any other offense involving a victim who at the time of 7,152
the commission of the offense was a member of the family or 7,153
household that is the subject of the proceeding and caused 7,154
physical harm to the victim in the commission of the offense, or 7,155
has been determined to be the perpetrator of the abusive act that 7,156
is the basis of an adjudication that a child is an abused child, 7,157
the residential parent may file a motion with the court 7,158
requesting that the parent who is granted the visitation or 7,159
companionship PARENTING TIME rights not receive a copy of any 7,160
notice of relocation. Upon the filing of the motion, the court 7,162
shall schedule a hearing on the motion and give both parents 7,163
notice of the date, time, and location of the hearing. If the 7,164
court determines that the parent who is granted the visitation or 7,165
companionship PARENTING TIME rights has been so convicted or has 7,166
been determined to be the perpetrator of an abusive act that is 7,168
the basis of a child abuse adjudication, the court shall issue an 7,169
order stating that the parent who is granted the visitation or 7,170
companionship PARENTING TIME rights will not be given a copy of 7,171
any notice of relocation that is filed with the court pursuant to 7,173
division (G)(1) of this section or that the residential parent is 7,174
no longer required to give that parent a copy of any notice of 7,175
relocation unless the court determines that it is in the best 7,176
interest of the children to give that parent a copy of the notice 7,177
of relocation, issues an order stating that that parent will be 7,178
given a copy of any notice of relocation filed pursuant to 7,179
division (G)(1) of this section, and issues specific written 7,180
169
findings of fact in support of its determination. If it does not 7,181
so find, it shall dismiss the motion. 7,182
(H)(1) Subject to division (F)(2) of section 2301.35 7,185
3125.16 and division (F) of section 3319.321 of the Revised Code, 7,186
a parent of a child who is not the residential parent of the 7,187
child is entitled to access, under the same terms and conditions 7,188
under which access is provided to the residential parent, to any 7,189
record that is related to the child and to which the residential 7,190
parent of the child legally is provided access, unless the court 7,191
determines that it would not be in the best interest of the child 7,192
for the parent who is not the residential parent to have access 7,193
to the records under those same terms and conditions. If the 7,194
court determines that the parent of a child who is not the 7,195
residential parent should not have access to records related to 7,196
the child under the same terms and conditions as provided for the 7,197
residential parent, the court shall specify the terms and 7,198
conditions under which the parent who is not the residential 7,199
parent is to have access to those records, shall enter its 7,200
written findings of facts and opinion in the journal, and shall 7,201
issue an order containing the terms and conditions to both the 7,202
residential parent and the parent of the child who is not the 7,203
residential parent. The court shall include in every order 7,204
issued pursuant to this division notice that any keeper of a 7,205
record who knowingly fails to comply with the order or division 7,206
(H) of this section is in contempt of court. 7,207
(2) Subject to division (F)(2) of section 2301.35 3125.16 7,210
and division (F) of section 3319.321 of the Revised Code, 7,212
subsequent to the issuance of an order under division (H)(1) of 7,213
this section, the keeper of any record that is related to a 7,214
particular child and to which the residential parent legally is 7,215
provided access shall permit the parent of the child who is not 7,216
the residential parent to have access to the record under the 7,217
same terms and conditions under which access is provided to the 7,218
residential parent, unless the residential parent has presented 7,219
170
the keeper of the record with a copy of an order issued under 7,220
division (H)(1) of this section that limits the terms and 7,221
conditions under which the parent who is not the residential 7,222
parent is to have access to records pertaining to the child and 7,223
the order pertains to the record in question. If the residential 7,224
parent presents the keeper of the record with a copy of that type 7,225
of order, the keeper of the record shall permit the parent who is 7,226
not the residential parent to have access to the record only in 7,227
accordance with the most recent order that has been issued 7,228
pursuant to division (H)(1) of this section and presented to the 7,229
keeper by the residential parent or the parent who is not the 7,230
residential parent. Any keeper of any record who knowingly fails 7,231
to comply with division (H) of this section or with any order 7,232
issued pursuant to division (H)(1) of this section is in contempt 7,233
of court. 7,234
(3) The prosecuting attorney of any county may file a 7,236
complaint with the court of common pleas of that county 7,237
requesting the court to issue a protective order preventing the 7,238
disclosure pursuant to division (H)(1) or (2) of this section of 7,239
any confidential law enforcement investigatory record. The court 7,240
shall schedule a hearing on the motion and give notice of the 7,241
date, time, and location of the hearing to all parties. 7,242
(I) A court that issues a visitation PARENTING TIME order 7,244
or decree pursuant to this section, OR section 3109.11 or 3109.12 7,246
of the Revised Code, or any other provision of the Revised Code 7,248
shall determine whether the parent granted the right of 7,249
visitation PARENTING TIME is to be permitted access, in 7,251
accordance with section 5104.011 of the Revised Code, to any 7,252
child day-care center that is, or that in the future may be, 7,253
attended by the children with whom the right of visitation 7,254
PARENTING TIME is granted. Unless the court determines that the 7,256
parent who is not the residential parent should not have access 7,257
to the center to the same extent that the residential parent is 7,258
granted access to the center, the parent who is not the
171
residential parent and who is granted visitation or companionship 7,259
PARENTING TIME rights is entitled to access to the center to the 7,261
same extent that the residential parent is granted access to the 7,262
center. If the court determines that the parent who is not the 7,263
residential parent should not have access to the center to the 7,264
same extent that the residential parent is granted such access 7,265
under division (C) of section 5104.011 of the Revised Code, the 7,266
court shall specify the terms and conditions under which the 7,267
parent who is not the residential parent is to have access to the 7,268
center, provided that the access shall not be greater than the 7,269
access that is provided to the residential parent under division 7,270
(C) of section 5104.011 of the Revised Code, the court shall 7,271
enter its written findings of fact and opinions in the journal, 7,272
and the court shall include the terms and conditions of access in 7,273
the visitation PARENTING TIME order or decree. 7,274
(J)(1) Subject to division (F) of section 3319.321 of the 7,276
Revised Code, when a court issues an order or decree allocating 7,277
parental rights and responsibilities for the care of a child, the 7,278
parent of the child who is not the residential parent of the 7,279
child is entitled to access, under the same terms and conditions 7,280
under which access is provided to the residential parent, to any 7,281
student activity that is related to the child and to which the 7,282
residential parent of the child legally is provided access, 7,283
unless the court determines that it would not be in the best 7,284
interest of the child to grant the parent who is not the 7,285
residential parent access to the student activities under those 7,286
same terms and conditions. If the court determines that the 7,287
parent of the child who is not the residential parent should not 7,288
have access to any student activity that is related to the child 7,289
under the same terms and conditions as provided for the 7,290
residential parent, the court shall specify the terms and 7,291
conditions under which the parent who is not the residential 7,292
parent is to have access to those student activities, shall enter 7,293
its written findings of facts and opinion in the journal, and 7,294
172
shall issue an order containing the terms and conditions to both 7,295
the residential parent and the parent of the child who is not the 7,296
residential parent. The court shall include in every order 7,297
issued pursuant to this division notice that any school official 7,298
or employee who knowingly fails to comply with the order or 7,299
division (J) of this section is in contempt of court. 7,300
(2) Subject to division (F) of section 3319.321 of the 7,302
Revised Code, subsequent to the issuance of an order under 7,303
division (J)(1) of this section, all school officials and 7,304
employees shall permit the parent of the child who is not the 7,305
residential parent to have access to any student activity under 7,306
the same terms and conditions under which access is provided to 7,307
the residential parent of the child, unless the residential 7,308
parent has presented the school official or employee, the board 7,309
of education of the school, or the governing body of the 7,310
chartered nonpublic school with a copy of an order issued under 7,311
division (J)(1) of this section that limits the terms and 7,312
conditions under which the parent who is not the residential 7,313
parent is to have access to student activities related to the 7,314
child and the order pertains to the student activity in question. 7,315
If the residential parent presents the school official or 7,316
employee, the board of education of the school, or the governing 7,317
body of the chartered nonpublic school with a copy of that type 7,318
of order, the school official or employee shall permit the parent 7,319
who is not the residential parent to have access to the student 7,320
activity only in accordance with the most recent order that has 7,321
been issued pursuant to division (J)(1) of this section and 7,322
presented to the school official or employee, the board of 7,323
education of the school, or the governing body of the chartered 7,324
nonpublic school by the residential parent or the parent who is 7,325
not the residential parent. Any school official or employee who 7,326
knowingly fails to comply with division (J) of this section or 7,327
with any order issued pursuant to division (J)(1) of this section 7,328
is in contempt of court. 7,329
173
(K) If any person is found in contempt of court for 7,331
failing to comply with or interfering with any order or decree 7,332
granting PARENTING TIME RIGHTS ISSUED PURSUANT TO THIS SECTION OR 7,333
SECTION 3109.12 OF THE REVISED CODE OR companionship or 7,334
visitation rights that is issued pursuant to this section, 7,335
section 3109.11 or 3109.12 of the Revised Code, or any other 7,336
provision of the Revised Code, the court that makes the finding, 7,337
in addition to any other penalty or remedy imposed, shall assess 7,338
all court costs arising out of the contempt proceeding against 7,339
the person and require the person to pay any reasonable 7,340
attorney's fees of any adverse party, as determined by the court, 7,341
that arose in relation to the act of contempt, and may award 7,342
reasonable compensatory PARENTING TIME OR visitation to the 7,343
person whose right of PARENTING TIME OR visitation was affected 7,344
by the failure or interference if such compensatory PARENTING 7,346
TIME OR visitation is in the best interest of the child. Any 7,348
compensatory PARENTING TIME OR visitation awarded under this 7,351
division shall be included in an order issued by the court and, 7,352
to the extent possible, shall be governed by the same terms and 7,353
conditions as was the PARENTING TIME OR visitation that was
affected by the failure or interference. 7,355
(L) Any person PARENT who requests reasonable PARENTING 7,357
TIME RIGHTS WITH RESPECT TO A CHILD UNDER THIS SECTION OR SECTION 7,358
3109.12 OF THE REVISED CODE OR ANY PERSON WHO REQUESTS REASONABLE 7,359
companionship or visitation rights with respect to a child under 7,360
this section, section 3109.11 or 3109.12 of the Revised Code, or 7,361
any other provision of the Revised Code may file a motion with 7,362
the court requesting that it waive all or any part of the costs 7,363
that may accrue in the proceedings under this section, section 7,364
3109.11, or section 3109.12 of the Revised Code. If the court 7,365
determines that the movant is indigent and that the waiver is in 7,366
the best interest of the child, the court, in its discretion, may 7,367
waive payment of all or any part of the costs of those 7,368
proceedings.
174
(M) The juvenile court has exclusive jurisdiction to enter 7,370
the orders in any case certified to it from another court. 7,371
(N) As used in this section: 7,373
(1) "Abused child" has the same meaning as in section 7,375
2151.031 of the Revised Code, and "neglected child" has the same 7,376
meaning as in section 2151.03 of the Revised Code. 7,377
(2) "Record" means any record, document, file, or other 7,379
material that contains information directly related to a child, 7,380
including, but not limited to, any of the following: 7,381
(a) Records maintained by public and nonpublic schools; 7,383
(b) Records maintained by facilities that provide child 7,385
day-care, as defined in section 5104.01 of the Revised Code, 7,386
publicly funded child day-care, as defined in section 5104.01 of 7,387
the Revised Code, or pre-school services operated by or under the 7,388
supervision of a school district board of education or a 7,389
nonpublic school; 7,390
(c) Records maintained by hospitals, other facilities, or 7,392
persons providing medical or surgical care or treatment for the 7,393
child; 7,394
(d) Records maintained by agencies, departments, 7,396
instrumentalities, or other entities of the state or any 7,397
political subdivision of the state, other than a child support 7,398
enforcement agency. Access to records maintained by a child 7,399
support enforcement agency is governed by division (F)(2) of 7,401
section 2301.35 3125.16 of the Revised Code. 7,402
(3) "Confidential law enforcement investigatory record" 7,404
has the same meaning as in section 149.43 of the Revised Code. 7,405
Sec. 3109.052. (A) If a proceeding for divorce, 7,414
dissolution, legal separation, annulment, or the allocation of 7,415
parental rights and responsibilities for the care of a child 7,416
involves one or more children, if the parents of the children do 7,417
not agree upon an appropriate allocation of parental rights and 7,418
responsibilities for the care of their children or do not agree 7,419
upon a specific schedule of visitation PARENTING TIME for their 7,420
175
children, the court may order the parents to mediate their 7,422
differences on those matters in accordance with mediation 7,423
procedures adopted by the court by local rule. When the court 7,424
determines whether mediation is appropriate in any proceeding, it 7,425
shall consider whether either parent previously has been 7,426
convicted of or pleaded guilty to a violation of section 2919.25 7,427
of the Revised Code involving a victim who at the time of the 7,428
commission of the offense was a member of the family or household 7,429
that is the subject of the proceeding, whether either parent 7,430
previously has been convicted of or pleaded guilty to an offense 7,431
involving a victim who at the time of the commission of the 7,432
offense was a member of the family or household that is the 7,433
subject of the proceeding and caused physical harm to the victim 7,434
in the commission of the offense, and whether either parent has 7,435
been determined to be the perpetrator of the abusive act that is 7,436
the basis of an adjudication that a child is an abused child. If 7,437
either parent has been convicted of or pleaded guilty to a 7,438
violation of section 2919.25 of the Revised Code involving a 7,439
victim who at the time of the commission of the offense was a 7,440
member of the family or household that is the subject of the 7,441
proceeding, has been convicted of or pleaded guilty to any other 7,442
offense involving a victim who at the time of the commission of 7,443
the offense was a member of the family or household that is the 7,444
subject of the proceeding and caused physical harm to the victim 7,445
in the commission of the offense, or has been determined to be 7,446
the perpetrator of the abusive act that is the basis of an 7,447
adjudication that a child is an abused child, the court may order 7,448
mediation only if the court determines that it is in the best 7,449
interests of the parties to order mediation and makes specific 7,450
written findings of fact to support its determination. 7,451
If a court issues an order pursuant to this division 7,453
requiring mediation, it also may order the parents to file a 7,454
mediation report within a specified period of time and order the 7,455
parents to pay the cost of mediation, unless either or both of 7,456
176
the parents file a motion requesting that the court waive that 7,457
requirement. Upon the filing of a motion requesting the waiver 7,458
of that requirement, the court, for good cause shown, may waive 7,459
the requirement that either or both parents pay the cost of 7,460
mediation or may require one of the parents to pay the entire 7,461
cost of mediation. Any mediation procedures adopted by local 7,462
court rule for use under this division shall include, but are not 7,463
limited to, provisions establishing qualifications for mediators 7,464
who may be employed or used and provisions establishing standards 7,465
for the conduct of the mediation. 7,466
(B) If a mediation order is issued under division (A) of 7,468
this section and the order requires the parents to file a 7,469
mediation report, the mediator and each parent who takes part in 7,470
mediation in accordance with the order jointly shall file a 7,471
report of the results of the mediation process with the court 7,472
that issued the order under that division. A mediation report 7,473
shall indicate only whether agreement has been reached on any of 7,474
the issues that were the subject of the mediation, and, if 7,475
agreement has been reached, the content and details of the 7,476
agreement. No mediation report shall contain any background 7,477
information concerning the mediation process or any information 7,478
discussed or presented in the process. The court shall consider 7,479
the mediation report when it allocates parental rights and 7,480
responsibilities for the care of children under section 3109.04 7,481
of the Revised Code and when it establishes a specific schedule 7,482
of visitation PARENTING TIME under section 3109.051 of the 7,483
Revised Code. The court is not bound by the mediation report and 7,485
shall consider the best interest of the children when making that 7,486
allocation or establishing the visitation PARENTING TIME 7,487
schedule.
(C) If a mediation order is issued under division (A) of 7,489
this section, the mediator shall not be made a party to, and 7,490
shall not be called as a witness or testify in, any action or 7,491
proceeding, other than a criminal, delinquency, child abuse, 7,492
177
child neglect, or dependent child action or proceeding, that is 7,493
brought by or against either parent and that pertains to the 7,494
mediation process, to any information discussed or presented in 7,495
the mediation process, to the allocation of parental rights and 7,496
responsibilities for the care of the parents' children, or to the 7,497
awarding of visitation PARENTING TIME rights in relation to their 7,499
children. The mediator shall not be made a party to, or be called 7,500
as a witness or testify in, such an action or proceeding even if 7,501
both parents give their prior consent to the mediator being made 7,502
a party to or being called as a witness or to testify in the 7,503
action or proceeding. 7,504
(D) Division (A) of this section does not apply to either 7,506
of the following: 7,507
(1) Any proceeding, or the use of mediation in any 7,509
proceeding that is not a proceeding for divorce, dissolution, 7,510
legal separation, annulment, or the allocation of parental rights 7,511
and responsibilities for the care of a child; 7,512
(2) The use of mediation in any proceeding for divorce, 7,514
dissolution, legal separation, annulment, or the allocation of 7,515
parental rights and responsibilities for the care of a child, in 7,516
relation to issues other than the appropriate allocation of 7,517
parental rights and responsibilities for the care of the parents' 7,518
children and other than a specific visitation PARENTING TIME 7,519
schedule for the parents' children. 7,521
Sec. 3109.11. If either the father or mother of an 7,530
unmarried minor child is deceased, the court of common pleas of 7,531
the county in which the minor child resides may grant the parents 7,532
and other relatives of the deceased father or mother reasonable 7,533
companionship or visitation rights with respect to the minor 7,534
child during the child's minority if the parent or other relative 7,535
files a complaint requesting reasonable companionship or 7,537
visitation rights and if the court determines that the granting 7,538
of the companionship or visitation rights is in the best interest 7,539
of the minor child. In determining whether to grant any person 7,540
178
reasonable companionship or visitation rights with respect to any 7,541
child, the court shall consider all relevant factors, including, 7,542
but not limited to, the factors set forth in division (D) of 7,543
section 3109.051 of the Revised Code. Divisions (C), (K), and 7,544
(L) of section 3109.051 of the Revised Code apply to the 7,545
determination of reasonable companionship or visitation rights 7,546
under this section and to any order granting any such rights that 7,547
is issued under this section. 7,548
The remarriage of the surviving parent of the child OR THE 7,550
ADOPTION OF THE CHILD BY THE SPOUSE OF THE SURVIVING PARENT OF 7,551
THE CHILD does not affect the authority of the court under this 7,552
section to grant reasonable companionship or visitation rights 7,553
with respect to the child to a parent or other relative of the 7,554
child's deceased father or mother. 7,555
If the court denies a request for reasonable companionship 7,557
or visitation rights made pursuant to this section and the 7,558
complainant files a written request for findings of fact and 7,559
conclusions of law, the court shall state in writing its findings 7,560
of fact and conclusions of law in accordance with Civil Rule 52. 7,561
Except as provided in division (E)(6) of section 3113.31 of 7,563
the Revised Code, if the court, pursuant to this section, grants 7,564
any person companionship or visitation rights with respect to any 7,565
child, it shall not require the public children services agency 7,566
to provide supervision of or other services related to that 7,567
person's exercise of companionship or visitation rights with 7,568
respect to the child. This section does not limit the power of a 7,569
juvenile court pursuant to Chapter 2151. of the Revised Code to 7,570
issue orders with respect to children who are alleged to be 7,571
abused, neglected, or dependent children or to make dispositions 7,572
of children who are adjudicated abused, neglected, or dependent
children or of a common pleas court to issue orders pursuant to 7,573
section 3113.31 of the Revised Code. 7,574
Sec. 3109.12. (A) If a child is born to an unmarried 7,583
woman, the parents of the woman and any relative of the woman may 7,584
179
file a complaint requesting the court of common pleas of the 7,585
county in which the child resides to grant them reasonable 7,586
companionship or visitation rights with the child. If a child is 7,587
born to an unmarried woman and if the father of the child has 7,588
acknowledged the child and that acknowledgment has become final 7,589
pursuant to section 2151.232, 3111.211 3111.25, or 5101.314 7,591
3111.821 of the Revised Code or has been determined in an action 7,592
under Chapter 3111. of the Revised Code to be the father of the 7,593
child, the father, MAY FILE A COMPLAINT REQUESTING THAT THE COURT 7,594
OF APPROPRIATE JURISDICTION OF THE COUNTY IN WHICH THE CHILD 7,595
RESIDES GRANT HIM REASONABLE PARENTING TIME RIGHTS WITH THE CHILD 7,596
AND the parents of the father, and any relative of the father may 7,598
file a complaint requesting THAT the court of common pleas of the 7,599
county in which the child resides to grant them reasonable 7,600
companionship or visitation rights with respect to the child. 7,601
(B) The court may grant the PARENTING TIME RIGHTS OR 7,603
companionship or visitation rights requested under division (A) 7,605
of this section, if it determines that the granting of the 7,606
PARENTING TIME RIGHTS OR companionship or visitation rights is in 7,608
the best interest of the child. In determining whether to grant 7,609
any person reasonable PARENTING TIME RIGHTS OR REASONABLE 7,610
companionship or visitation rights with respect to any child, the 7,611
court shall consider all relevant factors, including, but not 7,612
limited to, the factors set forth in division (D) of section 7,613
3109.051 of the Revised Code. Divisions (C), (K), and (L) of 7,614
section 3109.051 of the Revised Code apply to the determination 7,615
of reasonable PARENTING TIME RIGHTS OR REASONABLE companionship 7,616
or visitation rights under this section and to any order granting 7,618
any such rights that is issued under this section.
The marriage or remarriage of the mother or father of a 7,620
child does not affect the authority of the court under this 7,621
section to grant the natural father, REASONABLE PARENTING TIME 7,622
RIGHTS OR the parents or relatives of the natural father, or the 7,624
parents or relatives of the mother of the child reasonable 7,625
180
companionship or visitation rights with respect to the child. 7,626
If the court denies a request for REASONABLE PARENTING TIME 7,628
RIGHTS OR reasonable companionship or visitation rights made 7,630
pursuant to division (A) of this section and the complainant 7,631
files a written request for findings of fact and conclusions of 7,632
law, the court shall state in writing its findings of fact and 7,633
conclusions of law in accordance with Civil Rule 52. 7,634
Except as provided in division (E)(6) of section 3113.31 of 7,636
the Revised Code, if the court, pursuant to this section, grants 7,637
any person PARENTING TIME RIGHTS OR companionship or visitation 7,638
rights with respect to any child, it shall not require the public 7,640
children services agency to provide supervision of or other 7,641
services related to that PARENT'S EXERCISE OF PARENTING TIME
RIGHTS WITH THE CHILD OR THAT person's exercise of companionship 7,642
or visitation rights with respect to the child. This section 7,643
does not limit the power of a juvenile court pursuant to Chapter 7,645
2151. of the Revised Code to issue orders with respect to 7,646
children who are alleged to be abused, neglected, or dependent 7,647
children or to make dispositions of children who are adjudicated 7,648
abused, neglected, or dependent children or of a common pleas 7,649
court to issue orders pursuant to section 3113.31 of the Revised 7,650
Code.
Sec. 3109.19. (A) As used in this section, "minor" has 7,660
the same meaning as in section 3107.01 of the Revised Code. 7,661
(B)(1) If a child is born to parents who are unmarried and 7,663
unemancipated minors, a parent of one of the minors is providing 7,665
support for the minors' child, and the minors have not signed an 7,666
acknowledgment of paternity or a parent and child relationship 7,667
has not been established between the child and the male minor, 7,668
the parent who is providing support for the child may request a 7,669
determination of the existence or nonexistence of a parent and 7,670
child relationship between the child and the male minor pursuant 7,671
to Chapter 3111. of the Revised Code. 7,672
(2) If a child is born to parents who are unmarried and 7,675
181
unemancipated minors, a parent of one of the minors is providing 7,676
support for the child, and the minors have signed an 7,677
acknowledgment of paternity that has become final pursuant to
section 2151.232, 3111.211 3111.25, or 5101.314 3111.821 of the 7,680
Revised Code or a parent and child relationship has been 7,682
established between the child and the male minor pursuant to 7,683
Chapter 3111. of the Revised Code, the parent who is providing 7,684
support for the child may file a complaint requesting that the 7,685
court issue an order or may request the child support enforcement 7,686
agency of the county in which the child resides to issue an 7,687
administrative order requiring all of the minors' parents to pay 7,688
support for the child.
(C)(1) On receipt of a complaint filed under division 7,690
(B)(2) of this section, the court shall schedule a hearing to 7,691
determine, in accordance with sections 3113.21 to 3113.219 7,694
CHAPTERS 3119., 3121., 3123., AND 3125. of the Revised Code, the 7,696
amount of child support the minors' parents are required to pay, 7,697
the method of paying the support, and the method of providing for 7,698
the child's health care needs. On receipt of a request under 7,701
division (B)(2) of this section, the agency shall schedule a
hearing to determine, in accordance with sections 3111.23 to 7,703
3111.28 and 3113.215 CHAPTERS 3119., 3121., 3123., AND 3125. of 7,704
the Revised Code, the amount of child support the minors' parents 7,705
are required to pay, the method of paying the support, and the 7,707
method of providing for the child's health care needs. At the 7,708
conclusion of the hearing, the court or agency shall issue an 7,709
order requiring the payment of support of the child and provision 7,710
for the child's health care needs. The court or agency shall 7,712
calculate the child support amount using the income of the 7,713
minors' parents instead of the income of the minors. If any of 7,714
the minors' parents are divorced, the court or agency shall 7,715
calculate the child support as if they were married, and issue a 7,716
child support order requiring the parents to pay a portion of any 7,717
support imposed as a separate obligation. If a child support 7,718
182
order issued pursuant to section 2151.23, 2151.231, 2151.232, 7,719
3111.13, 3111.20, 3111.211, or 3111.22 3111.81 of the Revised 7,721
Code requires one of the minors to pay support for the child, the 7,723
amount the minor is required to pay shall be deducted from any 7,724
amount that minor's parents are required to pay pursuant to an 7,725
order issued under this section. The hearing shall be held not 7,726
later than sixty days after the day the complaint is filed or the 7,727
request is made nor earlier than thirty days after the court or 7,728
agency gives the minors' parents notice of the action.
(2) An order issued by an agency for the payment of child 7,730
support shall include a notice stating all of the following: 7,731
that the parents of the minors may object to the order by filing 7,733
a complaint pursuant to division (B)(2) of this section with the 7,734
court requesting that the court issue an order requiring the 7,735
minors' parents to pay support for the child and provide for the 7,736
child's health care needs; that the complaint may be filed no 7,737
later than thirty days after the date of the issuance of the 7,738
agency's order; and that, if none of the parents of the minors 7,739
file a complaint pursuant to division (B)(2) of this section, the 7,741
agency's order is final and enforceable by a court and may be 7,742
modified and enforced only in accordance with sections 3111.23 to 7,743
3111.28 and sections 3113.21 to 3113.219 CHAPTERS 3119., 3121., 7,744
3123., AND 3125. of the Revised Code. 7,746
(D) An order issued by a court or agency under this 7,749
section shall remain in effect, except as modified pursuant to 7,750
sections 3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 7,752
3125. of the Revised Code with respect to a court-issued child 7,754
support order or pursuant to sections 3111.23 to 3111.28 and 7,755
3113.215 of the Revised Code with respect to an administrative 7,756
child support order, until the occurrence of any of the 7,757
following:
(1) The minor who resides with the parents required to pay 7,759
support under this section reaches the age of eighteen years, 7,760
dies, marries, enlists in the armed services, is deported, gains 7,761
183
legal or physical custody of the child, or is otherwise 7,762
emancipated. 7,763
(2) The child who is the subject of the order dies, is 7,765
adopted, is deported, or is transferred to the legal or physical 7,766
custody of the minor who lives with the parents required to pay 7,767
support under this section.
(3) The minor's parents to whom support is being paid 7,769
pursuant to this section is no longer providing any support for 7,770
the child. 7,771
(E)(1) The minor's parents to whom support is being paid 7,773
under a child support order issued by a court OR AGENCY pursuant 7,774
to this section shall notify, and the minor's parents who are 7,776
paying support may notify the child support enforcement agency of 7,777
the occurrence of any event described in division (D) of this 7,778
section. A willful failure to notify the agency as required by 7,779
this division is contempt of court WITH RESPECT TO A COURT CHILD 7,780
SUPPORT ORDER. Upon receiving notification pursuant to this 7,782
division, the agency shall comply with division (G)(4) of section 7,783
3113.21 SECTIONS 3119.90 TO 3119.94 of the Revised Code. 7,786
(2) The minor's parents to whom support is being paid 7,788
under a child support order issued by the agency pursuant to this 7,789
section shall notify, and the minor's parents who are paying 7,790
support may notify the child support enforcement agency of the 7,791
occurrence of any event described in division (D) of this 7,792
section. Upon receiving notification pursuant to this division, 7,793
the agency shall comply with division (E)(4) of section 3111.23 7,795
of the Revised Code.
Sec. 3109.21. As used in sections 3109.21 to 3109.37 of 7,804
the Revised Code: 7,805
(A) "Contestant" means a parent of a child who claims a 7,807
right to be the residential parent and legal custodian of the 7,808
child or claims visitation PARENTING TIME rights with respect to 7,809
the child, or a person, other than a parent of a child, who 7,811
claims a right to custody or visitation rights with respect to 7,812
184
the child.
(B) "Parenting determination" means a court decision and 7,814
court orders and instructions that, in relation to the parents of 7,815
a child, allocates parental rights and responsibilities for the 7,816
care of the child, including any designation of visitation 7,817
PARENTING TIME rights, and designates a residential parent and 7,819
legal custodian of the child or that, in relation to any other 7,820
person, provides for the custody of a child, including visitation 7,821
rights. It does not include a decision relating to child support 7,822
or any other monetary obligation of any person. 7,823
(C) "Parenting proceeding" includes proceedings in which a 7,825
parenting determination is one of several issues, such as an 7,826
action for divorce or separation, and includes child neglect and 7,827
dependency proceedings. 7,828
(D) "Decree" or "parenting decree" means a parenting 7,830
determination contained in a judicial decree or order made in a 7,831
parenting proceeding, and includes an initial decree and a 7,832
modification decree. 7,833
(E) "Home state" means the state in which the child, 7,835
immediately preceding the time involved, lived with his THE 7,836
CHILD'S parents, a parent, or a person acting as parent, for at 7,838
least six consecutive months, and in the case of a child less 7,839
than six months old the state in which the child lived from birth 7,840
with any of the persons mentioned. Periods of temporary absence 7,841
of any of the named persons are counted as part of the six-month 7,842
or other period. 7,843
(F) "Initial decree" means the first parenting decree 7,845
concerning a particular child. 7,846
(G) "Modification decree" means a parenting decree that 7,848
modifies or replaces a prior decree, whether made by the court 7,849
that rendered the prior decree or by another court. 7,850
(H) "Physical custody" means actual possession and control 7,852
of a child. 7,853
(I) "Person acting as parent" means a person, other than a 7,855
185
parent, who has physical custody of a child and who either has 7,856
been awarded custody by a court or claims a right to custody. 7,857
Sec. 3109.27. (A) Each party in a parenting proceeding, 7,866
in the party's first pleading or in an affidavit attached to that 7,867
pleading, shall give information under oath as to the child's 7,868
present address, the places where the child has lived within the 7,869
last five years, and the name and present address of each person 7,870
with whom the child has lived during that period. In this 7,871
pleading or affidavit, each party also shall include all of the 7,872
following information: 7,873
(1) Whether the party has participated as a party, a 7,875
witness, or in any other capacity in any other litigation, in 7,876
this or any other state, that concerned the allocation, between 7,877
the parents of the same child, of parental rights and 7,878
responsibilities for the care of the child and the designation of 7,879
the residential parent and legal custodian of the child or that 7,880
otherwise concerned the custody of the same child; 7,881
(2) Whether the party has information of any parenting 7,883
proceeding concerning the child pending in a court of this or any 7,884
other state; 7,885
(3) Whether the party knows of any person who is not a 7,887
party to the proceeding and has physical custody of the child or 7,888
claims to be a parent of the child who is designated the 7,889
residential parent and legal custodian of the child or to have 7,890
visitation PARENTING TIME rights with respect to the child or to 7,891
be a person other than a parent of the child who has custody or 7,893
visitation rights with respect to the child; 7,894
(4) Whether the party previously has been convicted of or 7,896
pleaded guilty to any criminal offense involving any act that 7,897
resulted in a child being an abused child or a neglected child or 7,898
previously has been determined, in a case in which a child has 7,899
been adjudicated an abused child or a neglected child, to be the 7,900
perpetrator of the abusive or neglectful act that was the basis 7,901
of the adjudication. 7,902
186
(B) If the declaration under division (A)(1), (2), (3), or 7,904
(4) of this section is in the affirmative, the court may require 7,905
the declarant to give additional information under oath. The 7,906
court may examine the parties under oath as to details of the 7,907
information furnished and as to other matters pertinent to the 7,908
court's jurisdiction and the disposition of the case. 7,909
(C) Each party has a continuing duty to inform the court 7,911
of any parenting proceeding concerning the child in this or any 7,912
other state of which the party obtained information during this 7,913
proceeding. 7,914
(D) A public children services agency, acting pursuant to 7,916
a complaint or an action on a complaint filed under section 7,918
2151.27 of the Revised Code, is not subject to the requirements 7,920
of this section.
(E) As used in this section, "abused child" has the same 7,922
meaning as in section 2151.031 of the Revised Code, and 7,923
"neglected child" has the same meaning as in section 2151.03 of 7,924
the Revised Code. 7,925
Sec. 3109.28. If the court learns from information 7,934
furnished by the parties pursuant to section 3109.27 of the 7,935
Revised Code or from other sources that a person not a party to 7,936
the parenting proceeding has physical custody of the child, 7,937
claims to be a parent of the child who has parental rights and
responsibilities for the care of the child and who has been 7,938
designated the residential parent and legal custodian of the 7,939
child, claims to be any other person with custody of the child, 7,940
or claims to have PARENTING TIME RIGHTS OR visitation rights with 7,941
respect to the child, it shall order that person to be joined as 7,942
a party and to be duly notified of the pendency of the proceeding 7,944
and of his THE PERSON'S joinder as a party. If the person joined 7,945
as a party is outside this state he THE PERSON shall be served 7,946
with process or otherwise notified in accordance with division 7,948
(B) of section 3109.23 of the Revised Code. 7,949
Sec. 3111.01. (A) As used in sections 3111.01 to 3111.29 7,958
187
3111.85 of the Revised Code, "parent and child relationship" 7,960
means the legal relationship that exists between a child and the 7,961
child's natural or adoptive parents and upon which those sections 7,962
and any other provision of the Revised Code confer or impose
rights, privileges, duties, and obligations. The "parent and 7,963
child relationship" includes the mother and child relationship 7,964
and the father and child relationship. 7,965
(B) The parent and child relationship extends equally to 7,967
all children and all parents, regardless of the marital status of 7,968
the parents.
Sec. 3111.02. (A) The parent and child relationship 7,977
between a child and the child's natural mother may be established 7,978
by proof of her having given birth to the child or pursuant to 7,979
sections 3111.01 to 3111.19 3111.18 or 3111.20 to 3111.29 3111.85 7,980
of the Revised Code. The parent and child relationship between a 7,981
child and the natural father of the child may be established by 7,982
an acknowledgment of paternity as provided in section 5101.314 7,984
SECTIONS 3111.20 TO 3111.35 of the Revised Code, and pursuant to 7,985
sections 3111.01 to 3111.19 3111.18 or 3111.20 3111.38 to 3111.29 7,987
3111.54 of the Revised Code. The parent and child relationship 7,988
between a child and the adoptive parent of the child may be 7,989
established by proof of adoption or pursuant to Chapter 3107. of 7,990
the Revised Code.
(B) A court that is determining a parent and child 7,992
relationship pursuant to this chapter shall give full faith and 7,993
credit to a parentage determination made under the laws of this 7,994
state or another state, regardless of whether the parentage 7,995
determination was made pursuant to a voluntary acknowledgement of
paternity, an administrative procedure, or a court proceeding. 7,996
Sec. 3111.03. (A) A man is presumed to be the natural 8,005
father of a child under any of the following circumstances: 8,006
(1) The man and the child's mother are or have been 8,008
married to each other, and the child is born during the marriage 8,009
or is born within three hundred days after the marriage is 8,010
188
terminated by death, annulment, divorce, or dissolution or after 8,011
the man and the child's mother separate pursuant to a separation 8,012
agreement. 8,013
(2) The man and the child's mother attempted, before the 8,015
child's birth, to marry each other by a marriage that was 8,016
solemnized in apparent compliance with the law of the state in 8,017
which the marriage took place, the marriage is or could be 8,018
declared invalid, and either of the following applies: 8,019
(a) The marriage can only be declared invalid by a court 8,021
and the child is born during the marriage or within three hundred 8,022
days after the termination of the marriage by death, annulment, 8,023
divorce, or dissolution; 8,024
(b) The attempted marriage is invalid without a court 8,026
order and the child is born within three hundred days after the 8,027
termination of cohabitation. 8,028
(3) The man and the child's mother, after the child's 8,030
birth, married or attempted to marry each other by a marriage 8,031
solemnized in apparent compliance with the law of the state in 8,032
which the marriage took place, and either of the following 8,033
occurs: 8,034
(a) The man has acknowledged his paternity of the child in 8,036
a writing sworn to before a notary public; 8,037
(b) The man is required to support the child by a written 8,039
voluntary promise or by a court order. 8,040
(4) An acknowledgment of paternity HAS BEEN filed with the 8,042
division of child support in the department of job and family 8,046
services becomes final pursuant to section 2151.232, 3111.211, or 8,048
3111.23 OR FORMER SECTION 5101.314 of the Revised Code AND HAS 8,050
NOT BECOME FINAL UNDER FORMER SECTION 3111.211 OR 5101.314 OR 8,051
SECTION 2151.232, 3111.25, OR 3111.821 OF THE REVISED CODE.
(5) A court or administrative body, pursuant to section 8,053
3111.09, 3111.22, or 3115.52 of the Revised Code or otherwise, 8,055
has ordered that genetic tests be conducted or the natural mother 8,056
and alleged natural father voluntarily agreed to genetic testing 8,057
189
pursuant to former section 3111.21 of the Revised Code to 8,058
determine the father and child relationship and the results of 8,060
the genetic tests indicate a probability of ninety-nine per cent 8,061
or greater that the man is the biological father of the child. 8,063
(B)(1) A presumption arises under division (A)(3) of this 8,065
section regardless of the validity or invalidity of the marriage 8,066
of the parents. A presumption that arises under this section can 8,067
only be rebutted by clear and convincing evidence that includes 8,068
the results of genetic testing, except that a presumption that 8,069
arises under division (A)(1) or (2) of this section is conclusive 8,071
as provided in division (A) of section 3111.37 3111.95 of the 8,072
Revised Code and cannot be rebutted. AN ACKNOWLEDGMENT OF 8,075
PATERNITY THAT BECOMES FINAL UNDER SECTION 2151.232, 3111.25, OR 8,076
3111.821 OF THE REVISED CODE IS NOT A PRESUMPTION AND SHALL BE 8,077
CONSIDERED A FINAL AND ENFORCEABLE DETERMINATION OF PATERNITY 8,078
UNLESS THE ACKNOWLEDGMENT IS RESCINDED UNDER SECTION 3111.28 OR
3119.962 OF THE REVISED CODE. If two or more conflicting 8,080
presumptions arise under this section, the court shall determine, 8,081
based upon logic and policy considerations, which presumption 8,082
controls. If a determination described in division (B)(3) of 8,083
this section conflicts with a presumption that arises under this 8,084
section the determination is controlling. 8,085
(2) Notwithstanding division (B)(1) of this section, a 8,087
presumption that arises under division (A)(4) of this section may 8,090
only be rebutted as provided in division (B)(2) of section 8,092
5101.314 of the Revised Code. 8,094
(3) Notwithstanding division (A)(5) of this section, a 8,096
final and enforceable determination finding the existence of a 8,098
father and child relationship pursuant to former section 3111.21 8,099
or section 3111.22 of the Revised Code that is based on the 8,100
results of genetic tests ordered pursuant to either of those 8,101
sections, is not a presumption. 8,102
(C) A (1) EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS 8,105
SECTION, A presumption of paternity that arose pursuant to this
190
section prior to January 1, 1998, THE EFFECTIVE DATE OF THIS 8,107
AMENDMENT shall remain valid on and after that date unless 8,108
rebutted pursuant to division (B) of this section. This division 8,109
does not apply to a determination described in division (B)(3) of 8,110
this section AS DIVISION (B)(3) OF THIS SECTION EXISTED PRIOR TO 8,112
THE EFFECTIVE DATE OF THIS AMENDMENT.
(2) A PRESUMPTION OF PATERNITY THAT AROSE PRIOR TO THE 8,114
EFFECTIVE DATE OF THIS AMENDMENT BASED ON AN ACKNOWLEDGMENT OF 8,115
PATERNITY THAT BECAME FINAL UNDER FORMER SECTION 3111.211 OR 8,116
5101.314 OR SECTION 2151.232 OF THE REVISED CODE IS NOT A
PRESUMPTION AND SHALL BE CONSIDERED A FINAL AND ENFORCEABLE 8,117
DETERMINATION OF PATERNITY UNLESS THE ACKNOWLEDGMENT IS RESCINDED 8,118
UNDER SECTION 3111.28 OR 3119.962 OF THE REVISED CODE. 8,119
Sec. 3111.04. (A) An action to determine the existence or 8,128
nonexistence of the father and child relationship may be brought 8,129
by the child or the child's personal representative, the child's 8,130
mother or her personal representative, a man alleged or alleging 8,131
himself to be the child's father, the child support enforcement 8,132
agency of the county in which the child resides if the child's 8,133
mother is a recipient of public assistance or of services under 8,134
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 8,135
U.S.C.A. 651, as amended, or the alleged father's personal 8,136
representative.
(B) An agreement does not bar an action under this 8,138
section. 8,139
(C) If an action under this section is brought before the 8,141
birth of the child and if the action is contested, all 8,142
proceedings, except service of process and the taking of 8,143
depositions to perpetuate testimony, may be stayed until after 8,144
the birth. 8,145
(D) A recipient of public assistance or of services under 8,147
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 8,148
U.S.C.A. 651, as amended, shall cooperate with the child support 8,149
enforcement agency of the county in which a child resides to 8,151
191
obtain an administrative determination pursuant to section 8,153
3111.22 SECTIONS 3111.38 TO 3111.54 of the Revised Code, or, if 8,155
necessary, a court determination pursuant to sections 3111.01 to 8,156
3111.19 3111.18 of the Revised Code, of the existence or 8,159
nonexistence of a parent and child relationship between the 8,160
father and the child. If the recipient fails to cooperate, the 8,162
agency may commence an action to determine the existence or
nonexistence of a parent and child relationship between the 8,163
father and the child pursuant to sections 3111.01 to 3111.19 8,164
3111.18 of the Revised Code. 8,165
(E) As used in this section, "public assistance" means 8,167
medical assistance under Chapter 5111. of the Revised Code, 8,168
assistance under Chapter 5107. of the Revised Code, or disability 8,169
assistance under Chapter 5115. of the Revised Code. 8,170
Sec. 3111.06. (A) The juvenile court has original 8,179
jurisdiction of any action authorized under sections 3111.01 to 8,180
3111.19 of the Revised Code. An action AUTHORIZED UNDER SECTIONS 8,181
3111.01 TO 3111.18 OF THE REVISED CODE may be brought under those 8,183
sections in the juvenile court OR OTHER COURT WITH JURISDICTION 8,184
UNDER SECTION 2101.022 OR 2301.03 OF THE REVISED CODE of the 8,186
county in which the child, the child's mother, or the alleged 8,187
father resides or is found or, if the alleged father is deceased, 8,188
of the county in which proceedings for the probate of the alleged 8,189
father's estate have been or can be commenced, or of the county 8,190
in which the child is being provided support by the county 8,191
department of job and family services of that county. An action 8,193
pursuant to sections 3111.01 to 3111.19 3111.18 of the Revised 8,194
Code to object to an administrative order issued pursuant to 8,196
former section 3111.21 or section 3111.22 OR SECTIONS 3111.38 TO 8,197
3111.54 of the Revised Code determining the existence or 8,198
nonexistence of a parent and child relationship that has not 8,200
become final and enforceable, may be brought only in the juvenile 8,201
court OR OTHER COURT WITH JURISDICTION of the county in which the 8,202
child support enforcement agency that issued the order is 8,203
192
located. If an action for divorce, dissolution, or legal 8,204
separation has been filed in a court of common pleas, that court 8,205
of common pleas has original jurisdiction to determine if the 8,206
parent and child relationship exists between one or both of the 8,207
parties and any child alleged or presumed to be the child of one 8,208
or both of the parties. 8,209
(B) A person who has sexual intercourse in this state 8,211
submits to the jurisdiction of the courts of this state as to an 8,212
action brought under sections 3111.01 to 3111.19 3111.18 of the 8,213
Revised Code with respect to a child who may have been conceived 8,214
by that act of intercourse. In addition to any other method 8,215
provided by the Rules of Civil Procedure, personal jurisdiction 8,216
may be acquired by personal service of summons outside this state 8,217
or by certified mail with proof of actual receipt. 8,218
Sec. 3111.07. (A) The natural mother, each man presumed 8,227
to be the father under section 3111.03 of the Revised Code, each 8,228
man alleged to be the natural father, and, if the party who 8,229
initiates the action is a recipient of public assistance as 8,230
defined in section 3111.04 of the Revised Code or if the 8,232
responsibility for the collection of support for the child who is 8,233
the subject of the action has been assumed by the child support 8,234
enforcement agency under Title IV-D of the "Social Security Act," 8,235
88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child 8,236
support enforcement agency of the county in which the child 8,237
resides shall be made parties to the action brought pursuant to 8,238
sections 3111.01 to 3111.19 3111.18 of the Revised Code or, if 8,239
not subject to the jurisdiction of the court, shall be given 8,241
notice of the action pursuant to the Rules of Civil Procedure and 8,242
shall be given an opportunity to be heard. The court may align 8,243
the parties. The child shall be made a party to the action 8,244
unless a party shows good cause for not doing so. Separate 8,245
counsel shall be appointed for the child if the court finds that 8,246
the child's interests conflict with those of the mother. 8,247
If the person bringing the action knows that a particular 8,249
193
man is not or, based upon the facts and circumstances present, 8,250
could not be the natural father of the child, the person bringing 8,251
the action shall not allege in the action that the man is the 8,252
natural father of the child and shall not make the man a party to 8,253
the action. 8,254
(B) If an action is brought pursuant to sections 3111.01 8,256
to 3111.19 3111.18 of the Revised Code and the child to whom the 8,258
action pertains is or was being provided support by the 8,259
department of job and family services, a county department of job 8,261
and family services, or another public agency, the department, 8,262
county department, or agency may intervene for purposes of 8,263
collecting or recovering the support.
Sec. 3111.08. (A) An action brought pursuant to sections 8,273
3111.01 to 3111.19 3111.18 of the Revised Code to declare the 8,274
existence or nonexistence of the father and child relationship is 8,276
a civil action and shall be governed by the Rules of Civil 8,277
Procedure unless a different procedure is specifically provided 8,278
by those sections. 8,279
(B) If an action is brought against a person to declare 8,281
the existence or nonexistence of the father and child 8,282
relationship between that person and a child and the person in 8,283
his answer admits the existence or nonexistence of the father and 8,284
child relationship as alleged in the action, the court shall 8,285
enter judgment in accordance with section 3111.13 of the Revised 8,286
Code. If the person against whom the action is brought fails to 8,287
plead or otherwise defend against the action, the opposing party 8,289
may make an oral or written motion for default judgment pursuant 8,291
to the Rules of Civil Procedure. The court shall render a 8,292
judgment by default against the person after hearing satisfactory 8,293
evidence of the truth of the statements in the complaint. 8,295
Sec. 3111.09. (A)(1) In any action instituted under 8,304
sections 3111.01 to 3111.19 3111.18 of the Revised Code, the 8,305
court, upon its own motion, may order and, upon the motion of any 8,306
party to the action, shall order the child's mother, the child, 8,307
194
the alleged father, and any other person who is a defendant in 8,308
the action to submit to genetic tests. Instead of or in addition 8,309
to genetic testing ordered pursuant to this section, the court 8,310
may use the following information to determine the existence of a 8,312
parent and child relationship between the child and the child's 8,313
mother, the alleged father, or another defendant: 8,314
(a) A DNA record of the child's mother, the child, the 8,318
alleged father, or any other defendant that is stored in the DNA 8,319
database pursuant to section 109.573 of the Revised Code;
(b) Results of genetic tests conducted on the child, the 8,322
child's mother, the alleged father, or any other defendant 8,323
pursuant to former section 3111.21 or section 3111.22 OR SECTIONS 8,324
3111.38 TO 3111.54 of the Revised Code.
If the court intends to use the information described in 8,327
division (A)(1)(a) of this section, it shall order the 8,328
superintendent of the bureau of criminal identification and 8,329
investigation to disclose the information to the court. If the 8,330
court intends to use the genetic test results described in 8,331
division (A)(1)(b) of this section, it shall order the agency 8,332
that ordered the tests to provide the report of the genetic test 8,333
results to the court.
(2) If the child support enforcement agency is not made a 8,336
party to the action, the clerk of the court shall schedule the 8,337
genetic testing no later than thirty days after the court issues 8,338
its order. If the agency is made a party to the action, the 8,339
agency shall schedule the genetic testing in accordance with the 8,340
rules adopted by the director of job and family services pursuant 8,341
to section 2301.35 3111.611 of the Revised Code. If the alleged 8,344
father of a child brings an action under sections 3111.01 to 8,345
3111.19 3111.18 of the Revised Code and if the mother of the 8,346
child willfully fails to submit to genetic testing or if the 8,347
mother is the custodian of the child and willfully fails to 8,348
submit the child to genetic testing, the court, on the motion of 8,349
the alleged father, shall issue an order determining the 8,351
195
existence of a parent and child relationship between the father 8,352
and the child without genetic testing. If the mother or other 8,353
guardian or custodian of the child brings an action under 8,354
sections 3111.01 to 3111.19 3111.18 of the Revised Code and if 8,356
the alleged father of the child willfully fails to submit himself 8,357
to genetic testing or, if the alleged father is the custodian of 8,358
the child and willfully fails to submit the child to genetic 8,359
testing, the court shall issue an order determining the existence 8,360
of a parent and child relationship between the father and the 8,361
child without genetic testing. If a party shows good cause for 8,362
failing to submit to genetic testing or for failing to submit the 8,363
child to genetic testing, the court shall not consider the 8,364
failure to be willful.
(3) Except as provided in division (A)(4) of this section, 8,367
any fees charged for the tests shall be paid by the party that 8,368
requests them, unless the custodian of the child is represented 8,369
by the child support enforcement agency in its role as the agency 8,370
providing enforcement of child support orders under Title IV-D of 8,371
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, 8,372
as amended, the custodian is a participant in Ohio works first 8,374
under Chapter 5107. of the Revised Code for the benefit of the 8,376
child, or the defendant in the action is found to be indigent, in 8,377
which case the child support enforcement agency shall pay the 8,378
costs of genetic testing. The child support enforcement agency, 8,379
within guidelines contained in that federal law, shall use funds 8,380
received pursuant to Title IV-D of the "Social Security Act," 88 8,381
Stat. 2351 (1975), 42 U.S.C. 651, as amended, to pay the fees 8,382
charged for the tests.
Except as provided in division (A)(4) of this section, if 8,384
there is a dispute as to who shall pay the fees charged for 8,385
genetic testing, the child support enforcement agency shall pay 8,386
the fees, but neither the court nor the agency shall delay 8,387
genetic testing due to a dispute as to who shall pay the genetic 8,388
testing fees. The child support enforcement agency or the person 8,389
196
who paid the fees charged for the genetic testing may seek 8,390
reimbursement for the genetic testing fees from the person 8,391
against whom the court assesses the costs of the action. Any 8,392
funds used in accordance with this division by the child support 8,393
enforcement agency shall be in addition to any other funds that 8,394
the agency is entitled to receive as a result of any contractual 8,395
provision for specific funding allocations for the agency between 8,396
the county, the state, and the federal government. 8,397
(4) If, pursuant to former section 3111.21 or section 8,399
3111.22 OR SECTIONS 3111.38 TO 3111.54 of the Revised Code, the 8,401
agency has previously conducted genetic tests on the child, 8,402
child's mother, alleged father, or any other defendant and the 8,403
current action pursuant to section 3111.01 to 3111.19 3111.18 of 8,404
the Revised Code has been brought to object to the result of 8,407
those previous tests, the agency shall not be required to pay the 8,408
fees for conducting genetic tests pursuant to this section on the 8,409
same persons.
(B)(1) The genetic tests shall be made by qualified 8,411
examiners who are authorized by the court or the department of 8,412
job and family services. An examiner conducting a genetic test, 8,414
upon the completion of the test, shall send a complete report of 8,415
the test results to the clerk of the court that ordered the test 8,416
or, if the agency is a party to the action, to the child support 8,417
enforcement agency of the county in which the court that ordered
the test is located. 8,418
(2) If a court orders the superintendent of the bureau of 8,420
criminal identification and investigation to disclose information 8,421
regarding a DNA record stored in the DNA database pursuant to 8,422
section 109.573 of the Revised Code, the superintendent shall 8,423
send the information to the clerk of the court that issued the 8,425
order or, if the agency is a party to the action, to the child 8,426
support enforcement agency of the county in which the court that
issued the order is located. 8,427
(3) If a court orders the child support enforcement agency 8,429
197
to provide the report of the genetic test results obtained 8,430
pursuant to former section 3111.21 or section 3111.22 OR SECTIONS 8,432
3111.38 TO 3111.54 of the Revised Code, the agency shall send the 8,433
information to the person or government entity designated by the 8,434
court that issued the order.
(4) The clerk, agency, or person or government entity 8,437
under division (B)(3) of this section that receives a report or 8,438
information pursuant to division (B)(1), (2), or (3) of this 8,440
section shall mail a copy of the report or information to the 8,442
attorney of record for each party or, if a party is not 8,444
represented by an attorney, to the party. The clerk, agency, or 8,445
person or government entity under division (B)(3) of this section 8,447
that receives a copy of the report or information shall include 8,448
with the report or information sent to an attorney of record of a 8,449
party or a party a notice that the party may object to the 8,450
admission into evidence of the report or information by filing a 8,451
written objection as described in division (D) of section 3111.12 8,452
of the Revised Code with the court that ordered the tests or 8,453
ordered the disclosure of the information no later than fourteen 8,454
days after the report or information was mailed to the attorney 8,456
of record or to the party. The examiners may be called as 8,457
witnesses to testify as to their findings. Any party may demand 8,458
that other qualified examiners perform independent genetic tests 8,459
under order of the court. The number and qualifications of the 8,460
independent examiners shall be determined by the court. 8,461
(C) Nothing in this section prevents any party to the 8,463
action from producing other expert evidence on the issue covered 8,464
by this section, but, if other expert witnesses are called by a 8,465
party to the action, the fees of these expert witnesses shall be 8,466
paid by the party calling the witnesses and only ordinary witness 8,467
fees for these expert witnesses shall be taxed as costs in the 8,468
action. 8,469
(D) If the court finds that the conclusions of all the 8,471
examiners are that the alleged father is not the father of the 8,472
198
child, the court shall enter judgment that the alleged father is 8,473
not the father of the child. If the examiners disagree in their 8,474
findings or conclusions, the court shall determine the father of 8,476
the child based upon all the evidence.
(E) As used in sections 3111.01 to 3111.29 3111.85 of the 8,478
Revised Code: 8,479
(1) "Genetic tests" and "genetic testing" mean either of 8,481
the following:
(a) Tissue or blood tests, including tests that identify 8,485
the presence or absence of common blood group antigens, the red 8,486
blood cell antigens, human lymphocyte antigens, serum enzymes, 8,487
serum proteins, or genetic markers; 8,488
(b) Deoxyribonucleic acid typing of blood or buccal cell 8,490
samples.
"Genetic test" and "genetic testing" may include the typing 8,492
and comparison of deoxyribonucleic acid derived from the blood of 8,493
one individual and buccal cells of another. 8,494
(2) "DNA record" and "DNA database" have the same meanings 8,497
as in section 109.573 of the Revised Code.
Sec. 3111.10. In an action brought under sections 3111.01 8,506
to 3111.19 3111.18 of the Revised Code, evidence relating to 8,507
paternity may include: 8,509
(A) Evidence of sexual intercourse between the mother and 8,511
alleged father at any possible time of conception; 8,512
(B) An expert's opinion concerning the statistical 8,514
probability of the alleged father's paternity, which opinion is 8,515
based upon the duration of the mother's pregnancy; 8,516
(C) Genetic test results, weighted in accordance with 8,518
evidence, if available, of the statistical probability of the 8,519
alleged father's paternity; 8,520
(D) Medical evidence relating to the alleged father's 8,522
paternity of the child based on tests performed by experts. If a 8,523
man has been identified as a possible father of the child, the 8,524
court may, and upon the request of a party shall, require the 8,525
199
child, the mother, and the man to submit to appropriate tests. 8,526
Any fees charged for the tests shall be paid by the party that 8,527
requests them unless the court orders the fees taxed as costs in 8,528
the action. 8,529
(E) All other evidence relevant to the issue of paternity 8,531
of the child. 8,532
Sec. 3111.11. If the person against whom an action is 8,541
brought pursuant to sections 3111.01 to 3111.19 3111.18 of the 8,542
Revised Code does not admit in his answer the existence or 8,544
nonexistence of the father and child relationship, the court
shall hold a pretrial hearing, in accordance with the Civil 8,545
Rules, at a time set by the court. At the pretrial hearing, the 8,546
court shall notify each party to the action that the party may 8,547
file a motion requesting the court to order the child's mother, 8,548
the alleged father, and any other person who is a defendant in 8,549
the action to submit to genetic tests and, if applicable, to the
appropriate tests referred to in section 3111.10 of the Revised 8,550
Code. When the court determines that all pretrial matters have 8,551
been completed, the action shall be set for trial. 8,552
Sec. 3111.111. If an action is brought pursuant to 8,561
sections 3111.01 to 3111.19 3111.18 of the Revised Code to object 8,563
to a determination made pursuant to former section 3111.21 or 8,565
section 3111.22 OR SECTIONS 3111.38 TO 3111.54 of the Revised 8,569
Code that the alleged father is the natural father of a child, 8,571
the court, on its own motion or on the motion of either party, 8,572
shall issue a temporary order for the support of the child 8,573
pursuant to section 3113.21 to 3113.219 CHAPTERS 3119., 3121., 8,574
3123., AND 3125. of the Revised Code requiring the alleged father 8,576
to pay support to the natural mother or the guardian or legal 8,578
custodian of the child. The order shall remain in effect until 8,579
the court issues a judgment in the action pursuant to section 8,580
3111.13 of the Revised Code that determines the existence or 8,582
nonexistence of a father and child relationship. If the court, 8,583
in its judgment, determines that the alleged father is not the 8,584
200
natural father of the child, the court shall order the person to 8,585
whom the temporary support was paid under the order to repay the 8,586
alleged father all amounts paid for support under the temporary 8,587
order.
Sec. 3111.12. (A) In an action under sections 3111.01 to 8,596
3111.19 3111.18 of the Revised Code, the mother of the child and 8,598
the alleged father are competent to testify and may be compelled 8,599
to testify by subpoena. If a witness refuses to testify upon the 8,600
ground that the testimony or evidence of the witness might tend 8,601
to incriminate the witness and the court compels the witness to 8,602
testify, the court may grant the witness immunity from having the 8,603
testimony of the witness used against the witness in subsequent 8,604
criminal proceedings.
(B) Testimony of a physician concerning the medical 8,606
circumstances of the mother's pregnancy and the condition and 8,607
characteristics of the child upon birth is not privileged. 8,608
(C) Testimony relating to sexual access to the mother by a 8,610
man at a time other than the probable time of conception of the 8,611
child is inadmissible in evidence, unless offered by the mother. 8,612
(D) If, pursuant to section 3111.09 of the Revised Code, a 8,614
court orders genetic tests to be conducted, orders disclosure of 8,615
information regarding a DNA record stored in the DNA database 8,617
pursuant to section 109.573 of the Revised Code, or intends to 8,618
use a report of genetic test results obtained from tests
conducted pursuant to former section 3111.21 or section 3111.22 8,619
OR SECTIONS 3111.38 TO 3111.54 of the Revised Code, a party may 8,621
object to the admission into evidence of any of the genetic test 8,624
results or of the DNA record information by filing a written 8,627
objection with the court that ordered the tests or disclosure or 8,628
intends to use a report of genetic test results. The party shall 8,629
file the written objection with the court no later than fourteen 8,631
days after the report of the test results or the DNA record 8,632
information is mailed to the attorney of record of a party or to 8,633
a party. The party making the objection shall send a copy of the 8,634
201
objection to all parties.
If a party files a written objection, the report of the 8,636
test results or the DNA record information shall be admissible 8,638
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 8,639
record information shall be admissible into evidence without the 8,641
need for foundation testimony or other proof of authenticity or 8,642
accuracy.
(E) If a party intends to introduce into evidence invoices 8,645
or other documents showing amounts expended to cover pregnancy 8,646
and confinement and genetic testing, the party shall notify all 8,647
other parties in writing of that intent and include copies of the 8,648
invoices and documents. A party may object to the admission into 8,649
evidence of the invoices or documents by filing a written 8,650
objection with the court that is hearing the action no later than 8,651
fourteen days after the notice and the copies of the invoices and 8,652
documents are mailed to the attorney of record of each party or 8,653
to each party.
If a party files a written objection, the invoices and 8,655
other documents shall be admissible into evidence as provided by 8,656
the Rules of Evidence. If a written objection is not filed, the 8,658
invoices or other documents are admissible into evidence without
the need for foundation testimony or other evidence of 8,660
authenticity or accuracy. 8,661
(F) A juvenile court OR OTHER COURT WITH JURISDICTION 8,664
UNDER SECTION 2101.022 OR 2301.03 OF THE REVISED CODE shall give 8,666
priority to actions under sections 3111.01 to 3111.19 3111.18 of 8,667
the Revised Code and shall issue an order determining the 8,669
existence or nonexistence of a parent and child relationship no 8,670
later than one hundred twenty days after the date on which the 8,671
action was brought in the juvenile court OR OTHER COURT WITH 8,672
JURISDICTION.
Sec. 3111.13. (A) The judgment or order of the court 8,681
determining the existence or nonexistence of the parent and child 8,682
202
relationship is determinative for all purposes. 8,683
(B) If the judgment or order of the court is at variance 8,685
with the child's birth record, the court may order that a new 8,686
birth record be issued under section 3111.18 of the Revised Code. 8,687
(C) Except as otherwise provided in this section, the 8,689
judgment or order may contain, AT THE REQUEST OF A PARTY AND IF 8,690
NOT PROHIBITED UNDER FEDERAL LAW, any other provision directed 8,692
against the appropriate party to the proceeding, concerning the 8,693
duty of support, THE PAYMENT OF ALL OR ANY PART OF THE REASONABLE 8,694
EXPENSES OF THE MOTHER'S PREGNANCY AND CONFINEMENT, the
furnishing of bond or other security for the payment of the 8,696
judgment, or any other matter in the best interest of the child. 8,697
The judgment or order shall direct the father to pay all or any 8,698
part of the reasonable expenses of the mother's pregnancy and 8,699
confinement. After entry of the judgment or order, the father 8,700
may petition that he be designated the residential parent and 8,701
legal custodian of the child or for visitation PARENTING TIME 8,702
rights in a proceeding separate from any action to establish 8,704
paternity. Additionally, if the mother is unmarried, the father, 8,705
MAY FILE A COMPLAINT REQUESTING THE GRANTING OF REASONABLE 8,706
PARENTING TIME RIGHTS, AND the parents of the father, any 8,707
relative of the father, the parents of the mother, and any 8,708
relative of the mother may file a complaint pursuant to section 8,709
3109.12 of the Revised Code requesting the granting under that 8,710
section of reasonable companionship or visitation rights, with 8,711
respect to the child PURSUANT TO SECTION 3109.12 OF THE REVISED 8,712
CODE.
The judgment or order shall contain any provision required 8,714
by section 3111.14 of the Revised Code. 8,715
(D) Support judgments or orders ordinarily shall be for 8,717
periodic payments that may vary in amount. In the best interest 8,718
of the child, a lump-sum payment or the purchase of an annuity 8,719
may be ordered in lieu of periodic payments of support IF THE 8,720
PURCHASE AGREEMENT PROVIDES THAT ANY REMAINING PRINCIPAL WILL BE 8,721
203
TRANSFERRED TO THE OWNERSHIP AND CONTROL OF THE CHILD ON THE 8,722
CHILD'S ATTAINMENT OF THE AGE OF MAJORITY. 8,723
(E) In determining the amount to be paid by a parent for 8,725
support of the child and the period during which the duty of 8,726
support is owed, a court enforcing the obligation of support 8,727
shall comply with sections 3113.21 to 3113.219 CHAPTERS 3119., 8,729
3121., 3123., AND 3125. of the Revised Code. 8,730
(F)(1) Each order for child support made or modified under 8,732
this section shall include as part of the order a general 8,734
provision, as described in division (A)(1) of section 3113.21 of 8,735
the Revised Code, requiring the withholding or deduction of 8,736
income or assets of the obligor under the order as described in 8,738
division (D) or (H) of section 3113.21 of the Revised Code, or 8,739
another type of appropriate requirement as described in division 8,740
(D)(3), (D)(4), or (H) of that section, to ensure that 8,742
withholding or deduction from the income or assets of the obligor 8,744
is available from the commencement of the support order for 8,745
collection of the support and of any arrearages that occur; a 8,746
statement requiring all parties to the order to notify the child 8,747
support enforcement agency in writing of their current mailing 8,748
address, current residence address, current residence telephone 8,749
number, current driver's license number, and any changes to that 8,750
information; and a notice that the requirement to notify the 8,752
agency of all changes to that information continues until further 8,754
notice from the court. Any court that makes or modifies an order 8,755
for child support under this section shall comply with sections 8,756
3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 3125. of 8,757
the Revised Code. If any person required to pay child support 8,758
under an order made under this section on or after April 15, 8,759
1985, or modified on or after December 1, 1986, is found in 8,760
contempt of court for failure to make support payments under the 8,761
order, the court that makes the finding, in addition to any other 8,762
penalty or remedy imposed, shall assess all court costs arising 8,763
out of the contempt proceeding against the person and require the 8,764
204
person to pay any reasonable attorney's fees of any adverse 8,765
party, as determined by the court, that arose in relation to the 8,766
act of contempt. 8,767
(2) Notwithstanding section 3109.01 of the Revised Code, 8,769
if a court issues a child support order under this section, the 8,770
order shall remain in effect beyond the child's eighteenth 8,771
birthday as long as the child continuously attends on a full-time 8,772
basis any recognized and accredited high school or the order 8,774
provides that the duty of support of the child continues beyond 8,775
the child's eighteenth birthday. Except in cases in which the 8,777
order provides that the duty of support continues for any period 8,778
after the child reaches nineteen years of age, the order shall 8,779
not remain in effect after the child reaches age nineteen. Any 8,780
parent ordered to pay support under a child support order issued 8,781
under this section shall continue to pay support under the order, 8,782
including during seasonal vacation periods, until the order 8,783
terminates. 8,784
(3) When a court determines whether to require a parent to 8,786
pay an amount for that parent's failure to support a child prior 8,787
to the date the court issues an order requiring that parent to 8,788
pay an amount for the current support of that child, it shall 8,789
consider all relevant factors, including, but not limited to, any 8,790
monetary contribution either parent of the child made to the 8,791
support of the child prior to the court issuing the order 8,792
requiring the parent to pay an amount for the current support of 8,793
the child. 8,794
(4)(3)(a) A court shall not require a parent to pay an 8,796
amount for that parent's failure to support a child prior to the 8,797
date the court issues an order requiring that parent to pay an 8,798
amount for the current support of that child or to pay all or any 8,800
part of the reasonable expenses of the mother's pregnancy and 8,801
confinement, if both of the following apply:
(i) At the time of the initial filing of an action to 8,803
determine the existence of the parent and child relationship with 8,804
205
respect to that parent, the child was over three years of age. 8,805
(ii) Prior to the initial filing of an action to determine 8,807
the existence of the parent and child relationship with respect 8,808
to that parent, the alleged father had no knowledge and had no 8,809
reason to have knowledge of his alleged paternity of the child. 8,810
(b) For purposes of division (F)(4)(a)(ii) of this 8,813
section, the mother of the child may establish that the alleged 8,814
father had or should have had knowledge of the paternity of the 8,815
child by showing, by a preponderance of the evidence, that she 8,816
performed a reasonable and documented effort to contact and
notify the alleged father of his paternity of the child. 8,817
(c) A party is entitled to obtain modification of an 8,819
existing order for arrearages under this division regardless of 8,820
whether the judgment, court order, or administrative support 8,821
order from which relief is sought was issued prior to, on, or 8,822
after the effective date of this amendment OCTOBER 27, 2000. 8,823
(G) As used in this section, "birth record" has the same 8,825
meaning as in section 3705.01 of the Revised Code. 8,826
(H) Unless the court has reason to believe that a person 8,828
named in the order is a potential victim of domestic violence, 8,829
any order issued pursuant to this section finding the existence 8,831
of a parent and child relationship shall contain the full names, 8,832
addresses, and social security numbers of the mother and father 8,833
of the child and the full name and address of the child. 8,834
Sec. 3111.15. (A) If the existence of the father and 8,843
child relationship is declared or if paternity or a duty of 8,844
support has been adjudicated under sections 3111.01 to 3111.19 8,845
3111.18 of the Revised Code or under prior law, the obligation of 8,847
the father may be enforced in the same or other proceedings by 8,848
the mother, the child, or the public authority that has furnished 8,849
or may furnish the reasonable expenses of pregnancy, confinement, 8,850
education, support, or funeral, or by any other person, including 8,851
a private agency, to the extent that any of them may furnish, has 8,852
furnished, or is furnishing these expenses. 8,853
206
(B) The court may order support payments to be made to the 8,855
mother, the clerk of the court, or a person or agency designated 8,856
to administer them for the benefit of the child under the 8,857
supervision of the court. 8,858
(C) Willful failure to obey the judgment or order of the 8,860
court is a civil contempt of the court. 8,861
Sec. 3111.16. The court has continuing jurisdiction to 8,870
modify or revoke a judgment or order issued under sections 8,871
3111.01 to 3111.19 3111.18 of the Revised Code to provide for 8,873
future education and support and a judgment or order issued with 8,874
respect to matters listed in divisions (C) and (D) of section
3111.13 and division (B) of section 3111.15 of the Revised Code, 8,875
except that a court entering a judgment or order for the payment 8,876
of a lump sum or the purchase of an annuity under division (D) of 8,878
section 3111.13 of the Revised Code may specify that the judgment 8,879
or order may not be modified or revoked.
Sec. 3111.17. Any interested party may bring an action to 8,888
determine the existence or nonexistence of a mother and child 8,889
relationship. Insofar as practicable, the provisions of sections 8,890
3111.01 to 3111.19 3111.18 of the Revised Code that are 8,892
applicable to the father and child relationship shall apply to an
action brought under this section. 8,893
Sec. 3111.29 3111.19. No person, by using physical 8,902
harassment or threats of violence against another person, shall 8,904
interfere with the other person in his PERSON'S initiation or 8,905
continuance of, or attempt to prevent the other person from 8,906
initiating or continuing, an action under sections 3111.01 to
3111.19 3111.18 of the Revised Code. 8,907
Sec. 3111.20. AS USED IN SECTIONS 3111.21 TO 3111.85 OF 8,910
THE REVISED CODE, "BIRTH RECORD" HAS THE SAME MEANING AS IN
SECTION 3705.01 OF THE REVISED CODE. 8,911
Sec. 3111.21. IF THE NATURAL MOTHER AND ALLEGED FATHER OF 8,914
A CHILD SIGN AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT PREPARED 8,915
PURSUANT TO SECTION 3111.31 OF THE REVISED CODE WITH RESPECT TO 8,918
207
THAT CHILD AT A CHILD SUPPORT ENFORCEMENT AGENCY, THE AGENCY 8,919
SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE THE ACKNOWLEDGMENT. 8,920
Sec. 3111.22. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 8,922
SEND A SIGNED AND NOTARIZED ACKNOWLEDGMENT OF PATERNITY TO THE 8,923
OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF JOB AND FAMILY 8,924
SERVICES PURSUANT TO SECTION 3111.23 OF THE REVISED CODE. THE 8,926
AGENCY SHALL SEND THE ACKNOWLEDGMENT NO LATER THAN TEN DAYS AFTER 8,927
IT HAS BEEN SIGNED AND NOTARIZED. IF THE AGENCY KNOWS A MAN IS 8,928
PRESUMED UNDER SECTION 3111.03 OF THE REVISED CODE TO BE THE 8,930
FATHER OF THE CHILD AND THE PRESUMED FATHER IS NOT THE MAN WHO
SIGNED AN ACKNOWLEDGMENT WITH RESPECT TO THE CHILD, THE AGENCY 8,931
SHALL NOT NOTARIZE OR SEND THE ACKNOWLEDGMENT WITH RESPECT TO THE 8,933
CHILD PURSUANT TO THIS SECTION. 8,934
Sec. 3111.23. THE NATURAL MOTHER, THE MAN ACKNOWLEDGING HE 8,936
IS THE NATURAL FATHER, OR THE OTHER CUSTODIAN OR GUARDIAN OF A 8,938
CHILD, A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT TO SECTION 8,939
3111.22 OF THE REVISED CODE, A LOCAL REGISTRAR OF VITAL 8,942
STATISTICS PURSUANT TO SECTION 3705.091 OF THE REVISED CODE, OR A 8,943
HOSPITAL STAFF PERSON PURSUANT TO SECTION 3727.17 OF THE REVISED 8,946
CODE, IN PERSON OR BY MAIL, MAY FILE AN ACKNOWLEDGMENT OF 8,948
PATERNITY WITH THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF
JOB AND FAMILY SERVICES, ACKNOWLEDGING THAT THE CHILD IS THE 8,950
CHILD OF THE MAN WHO SIGNED THE ACKNOWLEDGMENT. THE 8,951
ACKNOWLEDGMENT OF PATERNITY SHALL BE MADE ON THE AFFIDAVIT 8,953
PREPARED PURSUANT TO SECTION 3111.31 OF THE REVISED CODE, SHALL 8,954
BE SIGNED BY THE NATURAL MOTHER AND THE MAN ACKNOWLEDGING THAT HE 8,956
IS THE NATURAL FATHER, AND EACH SIGNATURE SHALL BE NOTARIZED. 8,958
THE MOTHER AND MAN MAY SIGN AND HAVE THE SIGNATURE NOTARIZED 8,960
OUTSIDE OF EACH OTHER'S PRESENCE. AN ACKNOWLEDGMENT SHALL BE 8,963
SENT TO THE OFFICE NO LATER THAN TEN DAYS AFTER IT HAS BEEN 8,964
SIGNED AND NOTARIZED. IF A PERSON KNOWS A MAN IS PRESUMED UNDER 8,965
SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE CHILD 8,966
DESCRIBED IN THIS SECTION AND THAT THE PRESUMED FATHER IS NOT THE 8,967
MAN WHO SIGNED AN ACKNOWLEDGMENT WITH RESPECT TO THE CHILD, THE 8,968
208
PERSON SHALL NOT NOTARIZE OR FILE THE ACKNOWLEDGMENT PURSUANT TO 8,970
THIS SECTION.
Sec. 3111.24. (A) ON THE FILING OF AN ACKNOWLEDGMENT, THE 8,973
OFFICE OF CHILD SUPPORT SHALL EXAMINE THE ACKNOWLEDGMENT TO 8,974
DETERMINE WHETHER IT IS COMPLETED CORRECTLY. THE OFFICE SHALL 8,976
MAKE THE EXAMINATION NO LATER THAN FIVE DAYS AFTER THE 8,977
ACKNOWLEDGMENT IS FILED. IF THE ACKNOWLEDGMENT IS COMPLETED 8,978
CORRECTLY, THE OFFICE SHALL COMPLY WITH DIVISION (B) OF THIS 8,979
SECTION. IF THE ACKNOWLEDGMENT IS NOT COMPLETED CORRECTLY, THE 8,980
OFFICE SHALL RETURN IT TO THE PERSON OR ENTITY THAT FILED IT. 8,981
THE PERSON OR ENTITY SHALL HAVE TEN DAYS FROM THE DATE THE OFFICE 8,982
SENDS THE ACKNOWLEDGMENT BACK TO CORRECT IT AND RETURN IT TO THE 8,983
OFFICE. THE OFFICE SHALL SEND, ALONG WITH THE ACKNOWLEDGMENT, A 8,984
NOTICE STATING WHAT NEEDS TO BE CORRECTED AND THE AMOUNT OF TIME 8,985
THE PERSON OR ENTITY HAS TO MAKE THE CORRECTIONS AND RETURN THE 8,986
ACKNOWLEDGMENT TO THE OFFICE. 8,987
IF THE PERSON OR ENTITY RETURNS THE ACKNOWLEDGMENT IN A 8,989
TIMELY MANNER, THE OFFICE SHALL EXAMINE THE ACKNOWLEDGMENT AGAIN 8,990
TO DETERMINE WHETHER IT HAS BEEN CORRECTLY COMPLETED. IF THE 8,991
ACKNOWLEDGMENT HAS BEEN CORRECTLY COMPLETED, THE OFFICE SHALL 8,992
COMPLY WITH DIVISION (B) OF THIS SECTION. IF THE ACKNOWLEDGMENT 8,994
HAS NOT BEEN CORRECTLY COMPLETED THE SECOND TIME OR IF THE 8,995
ACKNOWLEDGMENT IS NOT RETURNED TO THE OFFICE IN A TIMELY MANNER, 8,996
THE ACKNOWLEDGMENT IS INVALID AND THE OFFICE SHALL RETURN IT TO 8,997
THE PERSON OR ENTITY AND SHALL NOT ENTER IT INTO THE BIRTH 8,998
REGISTRY. IF THE OFFICE RETURNS AN ACKNOWLEDGMENT THE SECOND 8,999
TIME, IT SHALL SEND A NOTICE TO THE PERSON OR ENTITY STATING THE 9,000
ERRORS IN THE ACKNOWLEDGMENT AND THAT THE ACKNOWLEDGMENT IS 9,001
INVALID.
(B) IF THE OFFICE DETERMINES AN ACKNOWLEDGMENT IS 9,003
CORRECTLY COMPLETED, THE OFFICE SHALL ENTER THE INFORMATION ON 9,005
THE ACKNOWLEDGMENT INTO THE BIRTH REGISTRY PURSUANT TO SECTIONS 9,007
3111.64 AND 3111.65 OF THE REVISED CODE. AFTER ENTERING THE 9,008
INFORMATION IN THE REGISTRY, THE OFFICE SHALL SEND THE 9,009
209
ACKNOWLEDGMENT TO THE DEPARTMENT OF HEALTH FOR STORAGE PURSUANT 9,010
TO SECTION 3705.091 OF THE REVISED CODE. THE OFFICE MAY REQUEST 9,012
THAT THE DEPARTMENT OF HEALTH SEND BACK TO THE OFFICE ANY 9,013
ACKNOWLEDGMENT THAT IS BEING STORED BY THE DEPARTMENT OF HEALTH 9,014
PURSUANT TO THAT SECTION. 9,015
Sec. 3111.25. AN ACKNOWLEDGMENT OF PATERNITY IS FINAL AND 9,017
ENFORCEABLE WITHOUT RATIFICATION BY A COURT WHEN THE 9,020
ACKNOWLEDGMENT HAS BEEN FILED WITH THE OFFICE OF CHILD SUPPORT, 9,021
THE INFORMATION ON THE ACKNOWLEDGMENT HAS BEEN ENTERED IN THE 9,022
BIRTH REGISTRY, AND THE ACKNOWLEDGMENT HAS NOT BEEN RESCINDED AND 9,024
IS NOT SUBJECT TO POSSIBLE RECISSION PURSUANT TO SECTION 3111.27 9,026
OF THE REVISED CODE.
Sec. 3111.26. AFTER AN ACKNOWLEDGMENT OF PATERNITY BECOMES 9,028
FINAL AND ENFORCEABLE, THE CHILD IS THE CHILD OF THE MAN WHO 9,030
SIGNED THE ACKNOWLEDGMENT OF PATERNITY, AS THOUGH BORN TO HIM IN 9,031
LAWFUL WEDLOCK. IF THE MOTHER IS UNMARRIED, THE MAN WHO SIGNED 9,034
THE ACKNOWLEDGMENT OF PATERNITY MAY FILE A COMPLAINT REQUESTING 9,035
THE GRANTING OF REASONABLE PARENTING TIME WITH THE CHILD UNDER
SECTION 3109.12 OF THE REVISED CODE AND THE PARENTS OF THE MAN 9,036
WHO SIGNED THE ACKNOWLEDGMENT OF PATERNITY, ANY RELATIVE OF THE 9,037
MAN WHO SIGNED THE ACKNOWLEDGMENT OF PATERNITY, THE PARENTS OF 9,038
THE MOTHER, AND ANY RELATIVE OF THE MOTHER MAY FILE A COMPLAINT 9,039
PURSUANT TO THAT SECTION REQUESTING THE GRANTING OF REASONABLE 9,042
COMPANIONSHIP OR VISITATION RIGHTS WITH THE CHILD. ONCE THE 9,044
ACKNOWLEDGMENT BECOMES FINAL THE MAN WHO SIGNED THE 9,045
ACKNOWLEDGMENT OF PATERNITY ASSUMES THE PARENTAL DUTY OF SUPPORT. 9,046
Sec. 3111.27. (A) EXCEPT AS PROVIDED IN SECTION 2151.232 9,048
OR 3111.821 OF THE REVISED CODE, FOR AN ACKNOWLEDGMENT OF 9,049
PATERNITY FILED WITH THE OFFICE OF CHILD SUPPORT TO BE RESCINDED 9,050
BOTH OF THE FOLLOWING MUST OCCUR:
(1) NOT LATER THAN SIXTY DAYS AFTER THE DATE OF THE LATEST 9,052
SIGNATURE ON THE ACKNOWLEDGMENT, ONE OF THE PERSONS WHO SIGNED IT 9,053
MUST DO BOTH OF THE FOLLOWING: 9,054
(a) REQUEST A DETERMINATION UNDER SECTION 3111.38 OF THE 9,056
210
REVISED CODE OF WHETHER THERE IS A PARENT AND CHILD RELATIONSHIP 9,057
BETWEEN THE MAN WHO SIGNED THE ACKNOWLEDGMENT AND THE CHILD WHO 9,058
IS THE SUBJECT OF IT;
(b) GIVE THE OFFICE WRITTEN NOTICE OF HAVING COMPLIED WITH 9,060
DIVISION (A)(1)(a) OF THIS SECTION AND INCLUDE IN THE NOTICE THE 9,062
NAME OF THE CHILD SUPPORT ENFORCEMENT AGENCY CONDUCTING GENETIC
TESTS TO DETERMINE WHETHER THERE IS A PARENT AND CHILD 9,063
RELATIONSHIP;
(2) AN ORDER MUST BE ISSUED UNDER SECTION 3111.46 OF THE 9,065
REVISED CODE DETERMINING WHETHER THERE IS A PARENT AND CHILD 9,066
RELATIONSHIP BETWEEN THE MAN AND THE CHILD.
(B) NOT LATER THAN THE END OF THE BUSINESS DAY FOLLOWING 9,068
THE BUSINESS DAY ON WHICH THE OFFICE RECEIVES A NOTICE UNDER 9,069
DIVISION (A)(1)(b) OF THIS SECTION, IT SHALL CONTACT THE AGENCY 9,071
INDICATED IN THE NOTICE TO VERIFY THAT THE PERSON SENDING IT HAS
COMPLIED WITH DIVISION (A)(1) OF THIS SECTION. IF THE OFFICE 9,072
VERIFIES COMPLIANCE, AND THE NOTICE WAS SENT WITHIN THE TIME 9,073
LIMIT REQUIRED BY THIS SECTION, THE OFFICE SHALL NOTE IN ITS 9,074
RECORDS THE DATE THE NOTICE WAS RECEIVED AND THAT THE 9,075
ACKNOWLEDGMENT TO WHICH THE NOTICE PERTAINS IS SUBJECT TO 9,076
RECISSION. THE OFFICE SHALL DIRECT THE AGENCY TO NOTIFY THE
OFFICE OF THE AGENCY'S ISSUANCE OF AN ORDER DESCRIBED IN DIVISION 9,077
(A)(2) OF THIS SECTION. ON RECEIPT FROM AN AGENCY OF NOTICE THAT 9,078
AN ORDER DESCRIBED IN DIVISION (A)(2) OF THIS SECTION HAS BEEN 9,079
ISSUED, THE ACKNOWLEDGMENT TO WHICH THE ORDER PERTAINS SHALL BE 9,080
RESCINDED AS OF THE DATE.
IF THE OFFICE IS UNABLE TO VERIFY COMPLIANCE WITH DIVISION 9,082
(A)(1) OF THIS SECTION, IT SHALL NOTE IN ITS RECORDS THE DATE THE 9,083
NOTICE UNDER DIVISION (A)(1)(b) OF THIS SECTION WAS RECEIVED AND 9,084
THAT COMPLIANCE WITH DIVISION (A)(1) OF THIS SECTION WAS NOT 9,085
VERIFIED. 9,086
Sec. 3111.28. AFTER AN ACKNOWLEDGMENT BECOMES FINAL 9,088
PURSUANT TO SECTION 2151.232, 3111.25, OR 3111.821 OF THE REVISED 9,090
CODE, A MAN PRESUMED TO BE THE FATHER OF THE CHILD PURSUANT TO 9,093
211
SECTION 3111.03 OF THE REVISED CODE WHO DID NOT SIGN THE
ACKNOWLEDGMENT, EITHER PERSON WHO SIGNED THE ACKNOWLEDGMENT, OR A 9,095
GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD MAY BRING AN ACTION TO 9,096
RESCIND THE ACKNOWLEDGMENT ON THE BASIS OF FRAUD, DURESS, OR 9,097
MATERIAL MISTAKE OF FACT. THE COURT SHALL TREAT THE ACTION AS AN 9,099
ACTION TO DETERMINE THE EXISTENCE OR NONEXISTENCE OF A PARENT AND 9,100
CHILD RELATIONSHIP PURSUANT TO SECTIONS 3111.01 TO 3111.18 OF THE 9,101
REVISED CODE. AN ACTION PURSUANT TO THIS SECTION SHALL BE 9,102
BROUGHT NO LATER THAN ONE YEAR AFTER THE ACKNOWLEDGMENT BECOMES 9,104
FINAL. THE ACTION MAY BE BROUGHT IN ONE OF THE FOLLOWING COURTS 9,105
IN THE COUNTY IN WHICH THE CHILD, THE GUARDIAN OR CUSTODIAN OF 9,106
THE CHILD, OR EITHER PERSON WHO SIGNED THE ACKNOWLEDGMENT 9,107
RESIDES: THE JUVENILE COURT OR THE DOMESTIC RELATIONS DIVISION 9,109
OF THE COURT OF COMMON PLEAS THAT HAS JURISDICTION PURSUANT TO 9,110
SECTION 2101.022 OR 2301.03 OF THE REVISED CODE TO HEAR AND 9,111
DETERMINE CASES ARISING UNDER CHAPTER 3111. OF THE REVISED CODE. 9,112
Sec. 3111.29. ONCE AN ACKNOWLEDGMENT OF PATERNITY BECOMES 9,114
FINAL UNDER SECTION 3111.25 OF THE REVISED CODE, THE MOTHER OR 9,115
OTHER CUSTODIAN OR GUARDIAN OF THE CHILD MAY FILE A COMPLAINT 9,116
PURSUANT TO SECTION 2151.231 OF THE REVISED CODE IN THE JUVENILE 9,117
COURT OR OTHER COURT WITH JURISDICTION UNDER SECTION 2101.022 OR 9,118
2301.03 OF THE REVISED CODE OF THE COUNTY IN WHICH THE CHILD OR 9,121
THE GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD RESIDES REQUESTING 9,122
THAT THE COURT ORDER THE FATHER TO PAY AN AMOUNT FOR THE SUPPORT 9,123
OF THE CHILD, MAY CONTACT THE CHILD SUPPORT ENFORCEMENT AGENCY 9,124
FOR ASSISTANCE IN OBTAINING THE ORDER, OR MAY REQUEST THAT AN
ADMINISTRATIVE OFFICER OF A CHILD SUPPORT ENFORCEMENT AGENCY 9,125
ISSUE AN ADMINISTRATIVE ORDER FOR THE PAYMENT OF CHILD SUPPORT 9,126
PURSUANT TO SECTION 3111.81 OF THE REVISED CODE. 9,127
Sec. 3111.30. ONCE AN ACKNOWLEDGMENT OF PATERNITY BECOMES 9,129
FINAL, THE OFFICE OF CHILD SUPPORT SHALL NOTIFY THE DEPARTMENT OF 9,130
HEALTH OF THE ACKNOWLEDGMENT. IF THE ORIGINAL BIRTH RECORD IS 9,131
INCONSISTENT WITH THE ACKNOWLEDGMENT, ON RECEIPT OF THE NOTICE, 9,132
THE DEPARTMENT OF HEALTH SHALL, IN ACCORDANCE WITH SECTION 9,134
212
3705.09 OF THE REVISED CODE, PREPARE A NEW BIRTH RECORD 9,135
CONSISTENT WITH THE ACKNOWLEDGMENT AND SUBSTITUTE THE NEW RECORD 9,137
FOR THE ORIGINAL BIRTH RECORD.
Sec. 3111.31. THE DEPARTMENT OF JOB AND FAMILY SERVICES 9,139
SHALL PREPARE AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT THAT 9,140
INCLUDES IN BOLDFACE TYPE AT THE TOP OF THE AFFIDAVIT THE RIGHTS 9,141
AND RESPONSIBILITIES OF AND THE DUE PROCESS SAFEGUARDS AFFORDED 9,143
TO A PERSON WHO ACKNOWLEDGES THAT HE IS THE NATURAL FATHER OF A 9,144
CHILD, INCLUDING THAT IF AN ALLEGED FATHER ACKNOWLEDGES A PARENT 9,145
AND CHILD RELATIONSHIP HE ASSUMES THE PARENTAL DUTY OF SUPPORT, 9,146
THAT BOTH SIGNATORS WAIVE ANY RIGHT TO BRING AN ACTION PURSUANT 9,148
TO SECTIONS 3111.01 TO 3111.18 OF THE REVISED CODE OR MAKE A
REQUEST PURSUANT TO SECTION 3111.38 OF THE REVISED CODE, OTHER 9,149
THAN FOR PURPOSES OF RESCINDING THE ACKNOWLEDGMENT PURSUANT TO 9,151
SECTION 3111.27 OF THE REVISED CODE IN ORDER TO ENSURE EXPEDIENCY 9,153
IN RESOLVING THE QUESTION OF THE EXISTENCE OF A PARENT AND CHILD 9,154
RELATIONSHIP, THAT EITHER PARENT MAY RESCIND THE ACKNOWLEDGMENT 9,155
PURSUANT TO SECTION 3111.27 OF THE REVISED CODE, THAT AN ACTION 9,156
MAY BE BROUGHT PURSUANT TO SECTION 3111.28 OF THE REVISED CODE, 9,157
OR A MOTION MAY BE FILED PURSUANT TO SECTION 3119.961 OF THE 9,158
REVISED CODE, TO RESCIND THE ACKNOWLEDGMENT, AND THAT THE NATURAL 9,159
FATHER HAS THE RIGHT TO PETITION A COURT PURSUANT TO SECTION 9,160
3109.12 OF THE REVISED CODE FOR AN ORDER GRANTING HIM REASONABLE 9,161
PARENTING TIME WITH RESPECT TO THE CHILD AND TO PETITION THE 9,163
COURT FOR CUSTODY OF THE CHILD PURSUANT TO SECTION 2151.23 OF THE 9,164
REVISED CODE. THE AFFIDAVIT SHALL INCLUDE ALL OF THE FOLLOWING: 9,166
(A) BASIC INSTRUCTIONS FOR COMPLETING THE FORM, INCLUDING 9,169
INSTRUCTIONS THAT BOTH THE NATURAL FATHER AND THE MOTHER OF THE 9,170
CHILD ARE REQUIRED TO SIGN THE STATEMENT, THAT THEY MAY SIGN THE 9,171
STATEMENT WITHOUT BEING IN EACH OTHER'S PRESENCE, AND THAT THE 9,173
SIGNATURES MUST BE NOTARIZED; 9,174
(B) BLANK SPACES TO ENTER THE FULL NAME, SOCIAL SECURITY 9,177
NUMBER, DATE OF BIRTH AND ADDRESS OF EACH PARENT; 9,178
(C) BLANK SPACES TO ENTER THE FULL NAME, DATE OF BIRTH, 9,181
213
AND THE RESIDENCE OF THE CHILD;
(D) A BLANK SPACE TO ENTER THE NAME OF THE HOSPITAL OR 9,184
DEPARTMENT OF HEALTH CODE NUMBER ASSIGNED TO THE HOSPITAL, FOR 9,185
USE IN SITUATIONS IN WHICH THE HOSPITAL FILLS OUT THE FORM 9,186
PURSUANT TO SECTION 3727.17 OF THE REVISED CODE;
(E) AN AFFIRMATION BY THE MOTHER THAT THE INFORMATION SHE 9,189
SUPPLIED IS TRUE TO THE BEST OF HER KNOWLEDGE AND BELIEF AND THAT 9,190
SHE IS THE NATURAL MOTHER OF THE CHILD NAMED ON THE FORM AND 9,191
ASSUMES THE PARENTAL DUTY OF SUPPORT OF THE CHILD; 9,192
(F) AN AFFIRMATION BY THE FATHER THAT THE INFORMATION HE 9,195
SUPPLIED IS TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT HE 9,196
HAS RECEIVED INFORMATION REGARDING HIS LEGAL RIGHTS AND 9,197
RESPONSIBILITIES, THAT HE CONSENTS TO THE JURISDICTION OF THE 9,198
COURTS OF THIS STATE, AND THAT HE IS THE NATURAL FATHER OF THE 9,199
CHILD NAMED ON THE FORM AND ASSUMES THE PARENTAL DUTY OF SUPPORT 9,200
OF THE CHILD;
(G) SIGNATURE LINES FOR THE MOTHER OF THE CHILD AND THE 9,203
NATURAL FATHER; 9,204
(H) SIGNATURE LINES FOR THE NOTARY PUBLIC; 9,206
(I) AN INSTRUCTION TO INCLUDE OR ATTACH ANY OTHER EVIDENCE 9,209
NECESSARY TO COMPLETE THE NEW BIRTH RECORD THAT IS REQUIRED BY 9,210
THE DEPARTMENT BY RULE.
Sec. 3111.32. THE DEPARTMENT OF JOB AND FAMILY SERVICES 9,212
SHALL PREPARE PAMPHLETS THAT DISCUSS THE BENEFIT OF ESTABLISHING 9,213
A PARENT AND CHILD RELATIONSHIP, THE PROPER PROCEDURE FOR 9,214
ESTABLISHING A PARENT AND CHILD RELATIONSHIP BETWEEN A FATHER AND 9,215
HIS CHILD, AND A TOLL-FREE TELEPHONE NUMBER THAT INTERESTED 9,216
PERSONS MAY CALL FOR MORE INFORMATION REGARDING THE PROCEDURES 9,217
FOR ESTABLISHING A PARENT AND CHILD RELATIONSHIP. 9,218
Sec. 3111.33. THE DEPARTMENT OF JOB AND FAMILY SERVICES 9,220
SHALL MAKE AVAILABLE THE PAMPHLETS AND THE ACKNOWLEDGMENT OF 9,221
PATERNITY AFFIDAVITS AND STATEMENTS TO THE DEPARTMENT OF HEALTH, 9,223
TO EACH HOSPITAL IT HAS A CONTRACT WITH PURSUANT TO SECTION 9,224
3727.17 OF THE REVISED CODE, AND TO ANY INDIVIDUAL WHO REQUESTS A 9,225
214
PAMPHLET. THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL MAKE 9,226
AVAILABLE THE AFFIDAVIT ACKNOWLEDGING PATERNITY TO EACH COUNTY 9,227
CHILD SUPPORT ENFORCEMENT AGENCY, THE DEPARTMENT OF HEALTH, AND 9,229
ANY OTHER PERSON OR AGENCY THAT REQUESTS COPIES. 9,230
Sec. 3111.34. THE DIRECTOR OF JOB AND FAMILY SERVICES, IN 9,233
CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL ADOPT RULES 9,234
SPECIFYING ADDITIONAL EVIDENCE NECESSARY TO COMPLETE A NEW BIRTH 9,235
RECORD THAT IS REQUIRED TO BE INCLUDED WITH AN ACKNOWLEDGMENT OF 9,236
PATERNITY AFFIDAVIT.
Sec. 3111.35. THE DIRECTOR OF JOB AND FAMILY SERVICES 9,238
SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO 9,240
IMPLEMENT SECTIONS 3111.20 TO 3111.34 OF THE REVISED CODE THAT 9,241
ARE CONSISTENT WITH TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 9,242
STAT. 2351, 42 U.S.C. 651 ET SEQ., AS AMENDED. 9,243
Sec. 3111.38. AT THE REQUEST OF A PERSON DESCRIBED IN 9,245
DIVISION (A) OF SECTION 3111.04 OF THE REVISED CODE THE CHILD 9,246
SUPPORT ENFORCEMENT AGENCY OF THE COUNTY IN WHICH A CHILD RESIDES 9,247
OR IN WHICH THE GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD RESIDES 9,248
SHALL DETERMINE THE EXISTENCE OR NONEXISTENCE OF A PARENT AND 9,249
CHILD RELATIONSHIP BETWEEN AN ALLEGED FATHER AND THE CHILD.
Sec. 3111.381. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 9,252
THIS SECTION, NO PERSON MAY BRING AN ACTION UNDER SECTIONS
3111.01 TO 3111.18 OF THE REVISED CODE UNLESS THE PERSON HAS 9,253
REQUESTED AN ADMINISTRATIVE DETERMINATION UNDER SECTION 3111.38 9,254
OF THE REVISED CODE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT
AND CHILD RELATIONSHIP. 9,255
(B) IF THE ALLEGED FATHER OF A CHILD IS DECEASED AND 9,257
PROCEEDINGS FOR THE PROBATE OF THE ESTATE OF THE ALLEGED FATHER 9,258
HAVE BEEN OR CAN BE COMMENCED, THE COURT WITH JURISDICTION OVER 9,259
THE PROBATE PROCEEDINGS SHALL RETAIN JURISDICTION TO DETERMINE 9,260
THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP 9,261
BETWEEN THE ALLEGED FATHER AND ANY CHILD WITHOUT AN 9,262
ADMINISTRATIVE DETERMINATION BEING REQUESTED FROM A CHILD SUPPORT 9,263
ENFORCEMENT AGENCY. 9,264
215
IF AN ACTION FOR DIVORCE, DISSOLUTION OF MARRIAGE, OR LEGAL 9,267
SEPARATION, OR AN ACTION UNDER SECTION 2151.231 OR 2151.232 OF 9,268
THE REVISED CODE REQUESTING AN ORDER REQUIRING THE PAYMENT OF 9,269
CHILD SUPPORT AND PROVISION FOR THE HEALTH CARE OF A CHILD, HAS 9,270
BEEN FILED IN A COURT OF COMMON PLEAS AND A QUESTION AS TO THE 9,271
EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP 9,272
ARISES, THE COURT IN WHICH THE ORIGINAL ACTION WAS FILED SHALL 9,273
RETAIN JURISDICTION TO DETERMINE THE EXISTENCE OR NONEXISTENCE OF 9,274
THE PARENT AND CHILD RELATIONSHIP WITHOUT AN ADMINISTRATIVE 9,275
DETERMINATION BEING REQUESTED FROM A CHILD SUPPORT ENFORCEMENT 9,276
AGENCY.
IF A JUVENILE COURT OR OTHER COURT WITH JURISDICTION UNDER 9,278
SECTION 2101.022 OR 2301.03 OF THE REVISED CODE ISSUES A SUPPORT 9,279
ORDER UNDER SECTION 2151.231 OR 2151.232 OF THE REVISED CODE
RELYING ON A PRESUMPTION UNDER SECTION 3111.03 OF THE REVISED 9,281
CODE, THE JUVENILE COURT OR OTHER COURT WITH JURISDICTION THAT 9,282
ISSUED THE SUPPORT ORDER SHALL RETAIN JURISDICTION IF A QUESTION 9,283
AS TO THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP ARISES. 9,284
Sec. 3111.39. IF MORE THAN ONE CHILD SUPPORT ENFORCEMENT 9,286
AGENCY RECEIVES A REQUEST TO DETERMINE THE EXISTENCE OR 9,287
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP CONCERNING THE 9,288
SAME CHILD AND EACH AGENCY IS AN APPROPRIATE AGENCY FOR THE 9,289
FILING OF THE REQUEST AS PROVIDED IN SECTION 3111.38 OF THE 9,290
REVISED CODE, THE AGENCY THAT RECEIVES THE REQUEST FIRST SHALL 9,291
ACT ON THE REQUEST. IF AN AGENCY THAT RECEIVES A REQUEST IS NOT 9,293
THE APPROPRIATE AGENCY FOR THE FILING OF THE REQUEST, THE AGENCY 9,294
SHALL FORWARD THE REQUEST TO THE AGENCY OF THE COUNTY IN WHICH 9,295
THE CHILD OR THE GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD 9,296
RESIDES, AND THE LATTER AGENCY SHALL PROCEED WITH THE REQUEST. 9,297
Sec. 3111.40. A REQUEST FOR AN ADMINISTRATIVE 9,299
DETERMINATION OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND 9,300
CHILD RELATIONSHIP SHALL CONTAIN ALL OF THE FOLLOWING: 9,301
(A) THE NAME, BIRTHDATE, AND CURRENT ADDRESS OF THE 9,303
ALLEGED FATHER OF THE CHILD; 9,304
216
(B) THE NAME, SOCIAL SECURITY NUMBER, AND CURRENT ADDRESS 9,306
OF THE MOTHER OF THE CHILD; 9,307
(C) THE NAME AND LAST KNOWN ADDRESS OF THE ALLEGED FATHER 9,309
OF THE CHILD; 9,310
(D) THE NAME AND BIRTHDATE OF THE CHILD. 9,312
Sec. 3111.41. ON RECEIVING A REQUEST FOR A DETERMINATION 9,314
OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD 9,315
RELATIONSHIP, A CHILD SUPPORT ENFORCEMENT AGENCY SHALL ASSIGN AN 9,316
ADMINISTRATIVE OFFICER TO CONSIDER THE REQUEST. THE OFFICER 9,317
SHALL ISSUE AN ORDER REQUIRING THE CHILD, MOTHER, AND ALLEGED 9,318
FATHER TO SUBMIT TO GENETIC TESTING. THE ORDER SHALL SPECIFY THE 9,319
DATE OF THE GENETIC TESTS FOR THE MOTHER, ALLEGED FATHER, AND 9,320
CHILD, WHICH SHALL BE NO LATER THAN FORTY-FIVE DAYS AFTER THE 9,321
DATE OF ASSIGNMENT OF THE ADMINISTRATIVE OFFICER. THE TESTS 9,322
SHALL BE CONDUCTED IN ACCORDANCE WITH THE RULES ADOPTED BY THE 9,323
DIRECTOR OF JOB AND FAMILY SERVICES UNDER SECTION 3111.611 OF THE 9,324
REVISED CODE.
Sec. 3111.42. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 9,326
ATTACH A NOTICE TO EACH ORDER FOR GENETIC TESTING AND SEND BOTH 9,327
TO THE MOTHER AND THE ALLEGED FATHER. THE NOTICE SHALL STATE ALL 9,328
OF THE FOLLOWING:
(A) THAT THE AGENCY HAS BEEN ASKED TO DETERMINE THE 9,330
EXISTENCE OF A PARENT AND CHILD RELATIONSHIP BETWEEN A CHILD AND 9,331
THE ALLEGED NAMED FATHER; 9,332
(B) THE NAME AND BIRTHDATE OF THE CHILD OF WHICH THE MAN 9,334
IS ALLEGED TO BE THE NATURAL FATHER; 9,335
(C) THE NAME OF THE MOTHER AND THE ALLEGED NATURAL FATHER; 9,337
(D) THE RIGHTS AND RESPONSIBILITIES OF A PARENT; 9,339
(E) THAT THE CHILD, THE MOTHER, AND THE ALLEGED FATHER 9,342
MUST SUBMIT TO GENETIC TESTING AT THE DATE, TIME, AND PLACE 9,343
DETERMINED BY THE AGENCY IN THE ORDER ISSUED PURSUANT TO SECTION 9,345
3111.41 OF THE REVISED CODE;
(F) THE ADMINISTRATIVE PROCEDURE FOR DETERMINING THE 9,348
EXISTENCE OF A PARENT AND CHILD RELATIONSHIP; 9,349
217
(G) THAT IF THE ALLEGED FATHER OR NATURAL MOTHER WILLFULLY 9,351
FAILS TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER, 9,352
NATURAL MOTHER, OR THE CUSTODIAN OF THE CHILD WILLFULLY FAILS TO 9,353
SUBMIT THE CHILD TO GENETIC TESTING, THE AGENCY WILL ISSUE AN 9,354
ORDER THAT IT IS INCONCLUSIVE WHETHER THE ALLEGED FATHER IS THE 9,355
CHILD'S NATURAL FATHER; 9,356
(H) THAT IF THE ALLEGED FATHER OR NATURAL MOTHER WILLFULLY 9,359
FAILS TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER, 9,360
NATURAL MOTHER, OR CUSTODIAN OF THE CHILD WILLFULLY FAILS TO 9,361
SUBMIT THE CHILD TO GENETIC TESTING, THEY MAY BE FOUND IN 9,362
CONTEMPT OF COURT.
Sec. 3111.421. THE NOTICE AND ORDER DESCRIBED IN SECTION 9,364
3111.42 OF THE REVISED CODE SHALL BE SENT IN ACCORDANCE WITH THE 9,366
PROVISIONS OF THE RULES OF CIVIL PROCEDURE THAT GOVERN SERVICE OF 9,368
PROCESS, EXCEPT TO THE EXTENT THAT THE PROVISIONS OF THE CIVIL 9,369
RULES BY THEIR NATURE ARE CLEARLY INAPPLICABLE AND EXCEPT THAT 9,370
REFERENCES IN THE PROVISIONS OF THE CIVIL RULES TO THE COURT OR 9,372
TO THE CLERK OF THE COURT SHALL BE CONSTRUED AS BEING REFERENCES 9,373
TO THE CHILD SUPPORT ENFORCEMENT AGENCY OR THE ADMINISTRATIVE 9,374
OFFICER.
Sec. 3111.43. IF A CHILD SUPPORT ENFORCEMENT AGENCY IS 9,376
ASKED TO DETERMINE THE EXISTENCE OR NONEXISTENCE OF A PARENT AND 9,377
CHILD RELATIONSHIP, THE ADMINISTRATIVE OFFICER SHALL PROVIDE 9,378
NOTICE OF THE REQUEST PURSUANT TO THE RULES OF CIVIL PROCEDURE TO 9,379
THE NATURAL MOTHER OF THE CHILD WHO IS THE SUBJECT OF THE 9,380
REQUEST, EACH MAN PRESUMED UNDER SECTION 3111.03 OF THE REVISED 9,381
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 9,382
PROCESS ON THE PRESUMED FATHER, ALLEGED FATHER, OR NATURAL MOTHER 9,383
WITHIN THE TIME PRESCRIBED BY SECTION 3111.41 OF THE REVISED 9,384
CODE, THE AGENCY SHALL PROCEED WITH GENETIC TESTING OF ALL OF 9,385
THOSE PERSONS WHO ARE PRESENT ON THE DATE SCHEDULED FOR THE
TESTING.
Sec. 3111.44. AFTER ISSUING A GENETIC TESTING ORDER, THE 9,387
218
ADMINISTRATIVE OFFICER MAY SCHEDULE A CONFERENCE WITH THE MOTHER 9,389
AND THE ALLEGED FATHER TO PROVIDE INFORMATION. IF A CONFERENCE 9,390
IS SCHEDULED AND NO OTHER MAN IS PRESUMED TO BE THE FATHER OF THE 9,391
CHILD UNDER SECTION 3111.03 OF THE REVISED CODE, THE
ADMINISTRATIVE OFFICER SHALL PROVIDE THE MOTHER AND ALLEGED 9,392
FATHER THE OPPORTUNITY TO SIGN AN ACKNOWLEDGMENT OF PATERNITY 9,393
AFFIDAVIT PREPARED PURSUANT TO SECTION 3111.31 OF THE REVISED 9,396
CODE. IF THEY SIGN AN ACKNOWLEDGMENT OF PATERNITY, THE
ADMINISTRATIVE OFFICER SHALL CANCEL THE GENETIC TESTING ORDER THE 9,397
OFFICER HAD ISSUED. REGARDLESS OF WHETHER A CONFERENCE IS HELD, 9,398
IF THE MOTHER AND ALLEGED FATHER DO NOT SIGN AN ACKNOWLEDGMENT OF 9,401
PATERNITY AFFIDAVIT OR IF AN AFFIDAVIT CANNOT BE NOTARIZED OR 9,402
FILED BECAUSE ANOTHER MAN IS PRESUMED UNDER SECTION 3111.03 OF 9,403
THE REVISED CODE TO BE THE FATHER OF THE CHILD, THE CHILD, THE 9,406
MOTHER, AND THE ALLEGED FATHER SHALL SUBMIT TO GENETIC TESTING IN 9,407
ACCORDANCE WITH THE ORDER ISSUED BY THE ADMINISTRATIVE OFFICER. 9,408
Sec. 3111.45. THE GENETIC TESTING REQUIRED UNDER AN 9,410
ADMINISTRATIVE GENETIC TESTING ORDER SHALL BE CONDUCTED BY A 9,412
QUALIFIED EXAMINER AUTHORIZED BY THE DEPARTMENT OF JOB AND FAMILY 9,413
SERVICES. ON COMPLETION OF THE GENETIC TESTS, THE EXAMINER SHALL 9,414
SEND A COMPLETE REPORT OF THE TEST RESULTS TO THE AGENCY. 9,415
Sec. 3111.46. ON RECEIPT OF THE GENETIC TEST RESULTS, THE 9,417
ADMINISTRATIVE OFFICER SHALL DO ONE OF THE FOLLOWING: 9,418
(A) IF THE RESULTS OF THE GENETIC TESTING SHOW A 9,420
NINETY-NINE PER CENT OR GREATER PROBABILITY THAT THE ALLEGED 9,422
FATHER IS THE NATURAL FATHER OF THE CHILD, THE ADMINISTRATIVE 9,423
OFFICER OF THE AGENCY SHALL ISSUE AN ADMINISTRATIVE ORDER THAT 9,424
THE ALLEGED FATHER IS THE FATHER OF THE CHILD WHO IS THE SUBJECT 9,425
OF THE PROCEEDING. 9,426
(B) IF THE RESULTS OF GENETIC TESTING SHOW LESS THAN A 9,428
NINETY-NINE PER CENT PROBABILITY THAT THE ALLEGED FATHER IS THE 9,430
NATURAL FATHER OF THE CHILD, THE ADMINISTRATIVE OFFICER SHALL 9,432
ISSUE AN ADMINISTRATIVE ORDER THAT THE ALLEGED FATHER IS NOT THE 9,433
FATHER OF THE CHILD WHO IS THE SUBJECT OF THE PROCEEDING. 9,434
219
AN ORDER ISSUED PURSUANT TO THIS SECTION SHALL BE SENT TO 9,436
PARTIES IN ACCORDANCE WITH THE CIVIL RULE GOVERNING SERVICE AND 9,437
FILING OF PLEADINGS AND OTHER PAPERS SUBSEQUENT TO THE ORIGINAL 9,439
COMPLAINT.
Sec. 3111.47 IF THE ALLEGED NATURAL FATHER OR THE NATURAL 9,441
MOTHER WILLFULLY FAILS TO SUBMIT TO GENETIC TESTING OR IF EITHER 9,442
PARENT OR ANY OTHER PERSON WHO IS THE CUSTODIAN OF THE CHILD 9,443
WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, THE 9,444
AGENCY SHALL ENTER AN ADMINISTRATIVE ORDER STATING THAT IT IS 9,445
INCONCLUSIVE AS TO WHETHER THE ALLEGED NATURAL FATHER IS THE 9,446
NATURAL FATHER OF THE CHILD. 9,447
Sec. 3111.48. AN ADMINISTRATIVE OFFICER SHALL INCLUDE IN 9,449
AN ORDER ISSUED UNDER SECTION 3111.46 OF THE REVISED CODE A 9,450
NOTICE THAT CONTAINS THE INFORMATION DESCRIBED IN SECTION 3111.49 9,451
OF THE REVISED CODE INFORMING THE MOTHER, FATHER, AND THE
GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD OF THE RIGHT TO BRING AN 9,452
ACTION UNDER SECTIONS 3111.01 TO 3111.18 OF THE REVISED CODE AND 9,454
OF THE EFFECT OF FAILURE TO TIMELY BRING THE ACTION.
AN AGENCY SHALL INCLUDE IN AN ADMINISTRATIVE ORDER ISSUED 9,456
UNDER SECTION 3111.47 OF THE REVISED CODE A NOTICE THAT CONTAINS 9,457
THE INFORMATION DESCRIBED IN SECTION 3111.50 OF THE REVISED CODE 9,458
INFORMING THE PARTIES OF THEIR RIGHT TO BRING AN ACTION UNDER
SECTIONS 3111.01 TO 3111.18 OF THE REVISED CODE. 9,459
Sec. 3111.49. THE MOTHER, ALLEGED FATHER, AND GUARDIAN OR 9,461
LEGAL CUSTODIAN OF A CHILD MAY OBJECT TO AN ADMINISTRATIVE ORDER 9,462
DETERMINING THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD 9,463
RELATIONSHIP BY BRINGING, WITHIN THIRTY DAYS AFTER THE DATE THE 9,465
ADMINISTRATIVE OFFICER ISSUES THE ORDER, AN ACTION UNDER SECTIONS 9,466
3111.01 TO 3111.18 OF THE REVISED CODE IN THE JUVENILE COURT OR 9,468
OTHER COURT WITH JURISDICTION UNDER SECTION 2101.022 OR 2301.03 9,469
OF THE REVISED CODE IN THE COUNTY IN WHICH THE CHILD SUPPORT 9,470
ENFORCEMENT AGENCY THAT EMPLOYS THE ADMINISTRATIVE OFFICER WHO 9,471
ISSUED THE ORDER IS LOCATED. IF THE ACTION IS NOT BROUGHT WITHIN 9,472
THE THIRTY-DAY PERIOD, THE ADMINISTRATIVE ORDER IS FINAL AND 9,473
220
ENFORCEABLE BY A COURT AND MAY NOT BE CHALLENGED IN AN ACTION OR 9,474
PROCEEDING UNDER CHAPTER 3111. OF THE REVISED CODE. 9,476
Sec. 3111.50. IF A CHILD SUPPORT ENFORCEMENT AGENCY ISSUES 9,479
AN ADMINISTRATIVE ORDER STATING THAT IT IS INCONCLUSIVE AS TO 9,480
WHETHER THE ALLEGED NATURAL FATHER IS THE NATURAL FATHER OF THE 9,481
CHILD, ANY OF THE PARTIES MAY BRING AN ACTION UNDER SECTIONS 9,482
3111.01 TO 3111.18 OF THE REVISED CODE TO ESTABLISH A PARENT AND 9,484
CHILD RELATIONSHIP.
Sec. 3111.51. UNLESS THE CHILD SUPPORT ENFORCEMENT AGENCY 9,486
HAS REASON TO BELIEVE THAT A PERSON NAMED IN THE ORDER IS A 9,488
POTENTIAL VICTIM OF DOMESTIC VIOLENCE, ANY ADMINISTRATIVE ORDER 9,489
FINDING THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP SHALL 9,491
CONTAIN THE FULL NAMES, ADDRESSES, AND SOCIAL SECURITY NUMBERS OF 9,492
THE MOTHER AND FATHER OF THE CHILD WHO IS THE SUBJECT OF THE 9,493
ORDER AND THE FULL NAME AND ADDRESS OF THE CHILD. 9,494
Sec. 3111.52. THE CHILD SUPPORT ENFORCEMENT AGENCY, AS 9,496
PART OF AN ADMINISTRATIVE ORDER DETERMINING THE EXISTENCE OF A 9,497
PARENT AND CHILD RELATIONSHIP, MAY ORDER THE SURNAME OF THE CHILD 9,499
SUBJECT TO THE DETERMINATION TO BE CHANGED AND ORDER THE CHANGE 9,500
TO BE MADE ON THE CHILD'S BIRTH RECORD CONSISTENT WITH THE ORDER 9,501
IF BOTH THE PARTIES AGREE TO THE CHANGE.
Sec. 2301.358 3111.53. (A) A child support enforcement 9,510
agency, in accordance with the rules adopted by the director of 9,512
job and family services pursuant to division (B) of this section, 9,514
shall employ an administrative officer, contract with another 9,515
entity to provide an administrative officer, or contract with an 9,516
individual to serve as an administrative officer to issue, in 9,517
accordance with sections 3111.22 to 3111.29 and 3113.215 of the 9,518
Revised Code, administrative orders determining the existence or 9,519
nonexistence of a parent and child relationship and, requiring 9,520
the payment of child support, or in accordance with sections 9,522
3111.20, 3111.23 to 3111.29, and 3113.215 of the Revised Code, 9,523
administrative orders requiring the payment of child support 9,524
BOTH.
221
(B) The director of job and family services shall adopt 9,527
rules in accordance with Chapter 119. of the Revised Code 9,528
regulating administrative officers who issue administrative 9,530
orders described in division (A) of this section, including, but 9,531
not limited to THE FOLLOWING:
(1) The qualifications of the administrative officer; 9,533
(2) Any other procedures, requirements, or standards 9,535
necessary for the employment of the administrative officer. 9,536
Sec. 3111.54. IF AN ALLEGED FATHER OR NATURAL MOTHER 9,539
WILLFULLY FAILS TO SUBMIT TO GENETIC TESTING, OR IF THE ALLEGED 9,540
FATHER, NATURAL MOTHER, OR ANY OTHER PERSON WHO IS THE CUSTODIAN 9,541
OF THE CHILD WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC 9,542
TESTING, AS REQUIRED BY AN ORDER FOR GENETIC TESTING ISSUED UNDER 9,543
SECTION 3111.41 OF THE REVISED CODE, THE CHILD SUPPORT
ENFORCEMENT AGENCY THAT ISSUED THE ORDER MAY REQUEST THAT THE 9,544
JUVENILE COURT OR OTHER COURT WITH JURISDICTION UNDER SECTION 9,545
2101.022 OR 2301.03 OF THE REVISED CODE OF THE COUNTY IN WHICH 9,546
THE AGENCY IS LOCATED FIND THE ALLEGED FATHER, NATURAL MOTHER, OR 9,547
OTHER PERSON IN CONTEMPT PURSUANT TO SECTION 2705.02 OF THE 9,548
REVISED CODE.
Sec. 3111.221 3111.58. As used in this section, "birth 9,557
record" has the same meaning as in section 3705.01 of the Revised 9,559
Code.
If an administrative order determining the existence or 9,561
nonexistence of a parent and child relationship includes a 9,562
finding that the child's father is a man other than the man named 9,563
in the child's birth record as the father or is otherwise at 9,564
variance with the child's birth record, the agency that made the 9,565
determination shall notify the department of health of the 9,566
determination as soon as any period for objection to the
determination provided for in former section 3111.21 or 3111.22 9,567
OR section 3111.22 3111.49 of the Revised Code has elapsed. 9,568
On receipt of notice under this section or notice from an 9,570
agency of another state with authority to make paternity 9,571
222
determinations that has made a determination of the existence or 9,572
nonexistence of a parent and child relationship, the department 9,573
of health shall prepare a new birth record consistent with the 9,575
agency's determination and substitute the new record for the 9,576
original birth record.
Sec. 2301.356 3111.61. If a child support enforcement 9,585
agency is made a party to an action brought to establish a parent 9,587
and child relationship under sections 3111.01 to 3111.19 3111.18 9,588
of the Revised Code and the court orders the parties to the 9,590
action to submit to genetic testing or the agency orders the 9,591
parties to submit to genetic testing under sections 3111.22 to 9,593
3111.29 SECTION 3111.41 of the Revised Code, the agency shall 9,594
provide for collection of samples and performance of genetic 9,596
testing in accordance with generally accepted medical techniques. 9,597
If a court ordered the genetic testing, the agency shall inform 9,598
the court of the procedures for collecting the samples and 9,599
performing the genetic tests, in accordance with the rules 9,600
governing on-site genetic testing adopted by the director of job 9,601
and family services pursuant to section 2301.35 3111.611 of the 9,602
Revised Code.
Sec. 3111.611. THE DIRECTOR OF JOB AND FAMILY SERVICES 9,605
SHALL ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 9,606
RULES GOVERNING THE ESTABLISHMENT BY CHILD SUPPORT ENFORCEMENT 9,608
AGENCIES OF ON-SITE GENETIC TESTING PROGRAMS TO BE USED IN 9,609
ACTIONS UNDER SECTIONS 3111.01 TO 3111.18 OF THE REVISED CODE AND 9,610
IN ADMINISTRATIVE PROCEDURES UNDER SECTIONS 3111.38 TO 3111.54 OF 9,612
THE REVISED CODE. THE RULES SHALL INCLUDE PROVISIONS RELATING TO 9,613
THE ENVIRONMENT IN WHICH A BLOOD OR BUCCAL CELL SAMPLE MAY BE 9,614
DRAWN, THE MEDICAL PERSONNEL WHO MAY DRAW A SAMPLE, THE TRAINED 9,615
PERSONNEL WHO MAY PERFORM THE GENETIC COMPARISON, THE TYPES OF 9,616
GENETIC TESTING THAT MAY BE PERFORMED ON A SAMPLE, AND THE 9,617
PROCEDURE FOR NOTIFYING THE COURT OF THE LOCATION AT WHICH THE 9,618
SAMPLE WILL BE DRAWN, WHO WILL DRAW THE SAMPLE, AND WHO WILL 9,619
PERFORM THE GENETIC TESTING ON THE SAMPLE, AND ANY OTHER 9,620
223
PROCEDURES OR STANDARDS THE DIRECTOR DETERMINES ARE NECESSARY FOR 9,621
THE IMPLEMENTATION OF ON-SITE GENETIC TESTING. 9,622
Sec. 3111.64. THE OFFICE OF CHILD SUPPORT IN THE 9,625
DEPARTMENT OF JOB AND FAMILY SERVICES SHALL ESTABLISH AND 9,626
MAINTAIN A BIRTH REGISTRY THAT SHALL CONTAIN ALL OF THE FOLLOWING 9,627
INFORMATION CONTAINED IN ORDERS DETERMINING THE EXISTENCE OF A 9,628
PARENT AND CHILD RELATIONSHIP AND ACKNOWLEDGMENTS OF PATERNITY 9,629
REQUIRED TO BE FILED WITH THE OFFICE:
(A) THE NAMES OF THE PARENTS OF THE CHILD SUBJECT TO THE 9,632
ORDER OR ACKNOWLEDGMENT;
(B) THE NAME OF THE CHILD; 9,634
(C) THE RESIDENT ADDRESS OF EACH PARENT AND EACH PARENT'S 9,637
SOCIAL SECURITY NUMBER.
Sec. 3111.65. THE BIRTH REGISTRY SHALL BE MAINTAINED AS 9,640
PART OF AND BE ACCESSIBLE THROUGH THE AUTOMATED SYSTEM CREATED 9,641
PURSUANT TO SECTION 3125.07 OF THE REVISED CODE. THE OFFICE OF 9,642
CHILD SUPPORT SHALL MAKE COMPARISONS OF THE INFORMATION IN THE 9,643
REGISTRY WITH THE INFORMATION MAINTAINED BY THE DEPARTMENT OF JOB 9,644
AND FAMILY SERVICES PURSUANT TO SECTIONS 3107.062 AND 3121.894 OF 9,646
THE REVISED CODE. THE OFFICE SHALL MAKE THE COMPARISONS IN THE 9,648
MANNER AND IN THE TIME INTERVALS REQUIRED BY THE RULES ADOPTED 9,649
PURSUANT TO SECTION 3111.67 OF THE REVISED CODE. 9,650
Sec. 3111.66. A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY, 9,653
WHICHEVER IS APPLICABLE, SHALL FILE THE FOLLOWING WITH THE OFFICE 9,654
OF CHILD SUPPORT:
(A) AN ORDER ISSUED PURSUANT TO SECTION 3111.13 OF THE 9,657
REVISED CODE ON OR AFTER JANUARY 1, 1998;
(B) AN ORDER ISSUED PURSUANT TO SECTION 3111.22 OF THE 9,660
REVISED CODE ON OR AFTER JANUARY 1, 1998, THAT HAS BECOME FINAL 9,662
AND ENFORCEABLE;
(C) AN ORDER ISSUED PURSUANT TO SECTION 3111.46 OF THE 9,664
REVISED CODE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 9,665
ON THE FILING OF AN ORDER PURSUANT TO THIS SECTION, THE 9,669
OFFICE SHALL ENTER THE INFORMATION ON THE ORDER IN THE BIRTH 9,670
224
REGISTRY.
Sec. 3111.67. THE DIRECTOR OF JOB AND FAMILY SERVICES 9,672
SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO 9,674
IMPLEMENT THE REQUIREMENTS OF SECTIONS 3111.64 TO 3111.66 OF THE 9,675
REVISED CODE THAT ARE CONSISTENT WITH TITLE IV-D OF THE "SOCIAL 9,676
SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 651 ET SEQ., AS AMENDED. 9,677
Sec. 5101.313 3111.69. The division OFFICE of child 9,687
support in the department of job and family services and a child 9,688
support enforcement agency may examine the putative father 9,689
registry established under section 3107.062 of the Revised Code 9,690
to locate an absent parent for the purpose of the division OFFICE 9,691
or agency carrying out its duties under the child and spousal 9,693
support enforcement programs established under section 5101.31 9,694
CHAPTER 3125. of the Revised Code. Neither the division OFFICE 9,695
nor an agency shall use the information it receives from the 9,696
registry for any purpose other than child and spousal support 9,697
enforcement.
Sec. 3111.71. THE DEPARTMENT OF JOB AND FAMILY SERVICES 9,699
SHALL ENTER INTO A CONTRACT WITH LOCAL HOSPITALS FOR THE 9,701
PROVISION OF STAFF BY THE HOSPITALS TO MEET WITH UNMARRIED WOMEN 9,702
WHO GIVE BIRTH IN OR EN ROUTE TO THE PARTICULAR HOSPITAL. ON OR 9,703
BEFORE APRIL 1, 1998, EACH HOSPITAL SHALL ENTER INTO A CONTRACT 9,704
WITH THE DEPARTMENT OF JOB AND FAMILY SERVICES PURSUANT TO THIS 9,705
SECTION REGARDING THE DUTIES IMPOSED BY THIS SECTION AND SECTION 9,706
3727.17 OF THE REVISED CODE CONCERNING PATERNITY ESTABLISHMENT. 9,708
A HOSPITAL THAT FAILS TO ENTER INTO A CONTRACT SHALL NOT RECEIVE 9,709
THE FEE FROM THE DEPARTMENT FOR CORRECTLY SIGNED AND NOTARIZED 9,710
AFFIDAVITS SUBMITTED BY THE HOSPITAL. 9,711
Sec. 3111.72. THE CONTRACT BETWEEN THE DEPARTMENT OF JOB 9,714
AND FAMILY SERVICES AND A LOCAL HOSPITAL SHALL REQUIRE ALL OF THE
FOLLOWING: 9,715
(A) THAT THE HOSPITAL PROVIDE A STAFF PERSON TO MEET WITH 9,718
EACH UNMARRIED MOTHER WHO GAVE BIRTH IN OR EN ROUTE TO THE 9,719
HOSPITAL WITHIN TWENTY-FOUR HOURS OF THE BIRTH OR BEFORE THE 9,720
225
MOTHER IS RELEASED FROM THE HOSPITAL; 9,721
(B) THAT THE STAFF PERSON ATTEMPT TO MEET WITH THE FATHER 9,723
OF THE UNMARRIED MOTHER'S CHILD IF POSSIBLE; 9,724
(C) THAT THE STAFF PERSON EXPLAIN TO THE UNMARRIED MOTHER 9,726
AND THE FATHER, IF HE IS PRESENT, THE BENEFIT TO THE CHILD OF 9,727
ESTABLISHING A PARENT AND CHILD RELATIONSHIP BETWEEN THE FATHER 9,728
AND THE CHILD AND THE VARIOUS PROPER PROCEDURES FOR ESTABLISHING 9,729
A PARENT AND CHILD RELATIONSHIP; 9,730
(D) THAT THE STAFF PERSON PRESENT TO THE UNMARRIED MOTHER 9,732
AND, IF POSSIBLE, THE FATHER, THE PAMPHLET OR STATEMENT REGARDING 9,734
THE RIGHTS AND RESPONSIBILITIES OF A NATURAL PARENT THAT IS 9,735
PREPARED AND PROVIDED BY THE DEPARTMENT OF JOB AND FAMILY 9,736
SERVICES PURSUANT TO SECTION 3111.32 OF THE REVISED CODE; 9,737
(E) THAT THE STAFF PERSON PROVIDE THE MOTHER AND, IF 9,739
POSSIBLE, THE FATHER, ALL FORMS AND STATEMENTS NECESSARY TO 9,741
VOLUNTARILY ESTABLISH A PARENT AND CHILD RELATIONSHIP, INCLUDING, 9,742
BUT NOT LIMITED TO, THE ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT 9,743
PREPARED BY THE DEPARTMENT OF JOB AND FAMILY SERVICES PURSUANT TO 9,744
SECTION 3111.31 OF THE REVISED CODE;
(F) THAT THE STAFF PERSON, AT THE REQUEST OF BOTH THE 9,746
MOTHER AND FATHER, HELP THE MOTHER AND FATHER COMPLETE ANY FORM 9,747
OR STATEMENT NECESSARY TO ESTABLISH A PARENT AND CHILD 9,749
RELATIONSHIP; 9,750
(G) THAT THE HOSPITAL PROVIDE A NOTARY PUBLIC TO NOTARIZE 9,752
AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT SIGNED BY THE MOTHER AND 9,753
FATHER; 9,754
(H) THAT THE STAFF PERSON PRESENT TO AN UNMARRIED MOTHER 9,756
WHO IS NOT PARTICIPATING IN THE OHIO WORKS FIRST PROGRAM 9,757
ESTABLISHED UNDER CHAPTER 5107. OR RECEIVING MEDICAL ASSISTANCE 9,759
UNDER CHAPTER 5111. OF THE REVISED CODE AN APPLICATION FOR TITLE 9,762
IV-D SERVICES;
(I) THAT THE STAFF PERSON FORWARD ANY COMPLETED 9,764
ACKNOWLEDGMENT OF PATERNITY, NO LATER THAN TEN DAYS AFTER IT IS 9,765
COMPLETED, TO THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF 9,766
226
JOB AND FAMILY SERVICES; 9,767
(J) THAT THE DEPARTMENT OF JOB AND FAMILY SERVICES PAY THE 9,769
HOSPITAL TWENTY DOLLARS FOR EVERY CORRECTLY SIGNED AND NOTARIZED 9,772
ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT FROM THE HOSPITAL. 9,773
Sec. 3111.73. NOT LATER THAN JULY 1, 1998, AND THE FIRST 9,776
DAY OF EACH JULY THEREAFTER, THE DEPARTMENT OF JOB AND FAMILY 9,778
SERVICES SHALL COMPLETE A REPORT ON THE HOSPITALS THAT HAVE NOT 9,779
ENTERED INTO CONTRACTS DESCRIBED IN THIS SECTION. THE DEPARTMENT 9,780
SHALL SUBMIT THE REPORT TO THE CHAIRPERSON AND RANKING MINORITY 9,781
MEMBER OF THE COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND 9,782
SENATE WITH PRIMARY RESPONSIBILITY FOR ISSUES CONCERNING 9,783
PATERNITY ESTABLISHMENT.
Sec. 3111.74. IF THE HOSPITAL KNOWS OR DETERMINES THAT A 9,785
MAN IS PRESUMED UNDER SECTION 3111.03 OF THE REVISED CODE TO BE 9,787
THE FATHER OF A CHILD AND THAT THE PRESUMED FATHER IS NOT THE MAN
WHO SIGNED OR IS ATTEMPTING TO SIGN AN ACKNOWLEDGMENT WITH 9,789
RESPECT TO THE CHILD, THE HOSPITAL SHALL TAKE NO FURTHER ACTION 9,791
WITH REGARD TO THE ACKNOWLEDGMENT AND SHALL NOT SEND THE 9,792
ACKNOWLEDGMENT TO THE OFFICE OF CHILD SUPPORT. 9,793
Sec. 3111.77. A MAN WHO IS PRESUMED TO BE THE NATURAL 9,795
FATHER OF A CHILD PURSUANT TO SECTION 3111.03 OF THE REVISED CODE 9,796
ASSUMES THE PARENTAL DUTY OF SUPPORT WITH RESPECT TO THE CHILD AS 9,798
PROVIDED IN SECTION 3103.031 OF THE REVISED CODE.
Sec. 3111.78. A PARENT, GUARDIAN, OR LEGAL CUSTODIAN OF A 9,800
CHILD, THE PERSON WITH WHOM THE CHILD RESIDES, OR THE CHILD 9,801
SUPPORT ENFORCEMENT AGENCY OF THE COUNTY IN WHICH THE CHILD, 9,802
PARENT, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD RESIDES MAY DO 9,803
THE FOLLOWING TO REQUIRE A MAN TO PAY SUPPORT AND PROVIDE FOR THE 9,804
HEALTH CARE NEEDS OF THE CHILD IF THE MAN IS PRESUMED TO BE THE 9,805
NATURAL FATHER OF THE CHILD UNDER SECTION 3111.03 OF THE REVISED 9,806
CODE:
(A) IF THE PRESUMPTION IS NOT BASED ON AN ACKNOWLEDGMENT 9,808
OF PATERNITY, FILE A COMPLAINT PURSUANT TO SECTION 2151.231 OF 9,809
THE REVISED CODE IN THE JUVENILE COURT OR OTHER COURT WITH 9,811
227
JURISDICTION UNDER SECTION 2101.022 OR 2301.03 OF THE REVISED
CODE OF THE COUNTY IN WHICH THE CHILD, PARENT, GUARDIAN, OR LEGAL 9,812
CUSTODIAN RESIDES; 9,813
(B) ASK AN ADMINISTRATIVE OFFICER OF A CHILD SUPPORT 9,815
ENFORCEMENT AGENCY TO ISSUE AN ADMINISTRATIVE ORDER PURSUANT TO 9,816
SECTION 3111.81 OF THE REVISED CODE; 9,817
(C) CONTACT A CHILD SUPPORT ENFORCEMENT AGENCY FOR 9,819
ASSISTANCE IN OBTAINING AN ORDER FOR SUPPORT AND THE PROVISION OF 9,820
HEALTH CARE FOR THE CHILD. 9,821
Sec. 3111.80. IF A REQUEST FOR ISSUANCE OF AN 9,823
ADMINISTRATIVE SUPPORT ORDER IS MADE UNDER SECTION 3111.29 OR 9,824
3111.78 OF THE REVISED CODE OR AN ADMINISTRATIVE OFFICER ISSUES 9,826
AN ADMINISTRATIVE ORDER DETERMINING THE EXISTENCE OF A PARENT AND 9,827
CHILD RELATIONSHIP UNDER SECTION 3111.46 OF THE REVISED CODE, THE 9,828
ADMINISTRATIVE OFFICER SHALL SCHEDULE AN ADMINISTRATIVE HEARING 9,829
TO DETERMINE, IN ACCORDANCE WITH CHAPTERS 3119. AND 3121. OF THE 9,830
REVISED CODE, THE AMOUNT OF CHILD SUPPORT ANY PARENT IS REQUIRED 9,831
TO PAY, THE METHOD OF PAYMENT OF CHILD SUPPORT, AND THE METHOD OF
PROVIDING FOR THE CHILD'S HEALTH CARE. 9,832
THE ADMINISTRATIVE OFFICER SHALL SEND THE MOTHER AND THE 9,834
FATHER OF THE CHILD NOTICE OF THE DATE, TIME, PLACE, AND PURPOSE 9,835
OF THE ADMINISTRATIVE HEARING. WITH RESPECT TO AN ADMINISTRATIVE 9,837
HEARING SCHEDULED PURSUANT TO AN ADMINISTRATIVE ORDER
DETERMINING, PURSUANT TO SECTION 3111.46 OF THE REVISED CODE, THE 9,840
EXISTENCE OF A PARENT AND CHILD RELATIONSHIP, THE OFFICER SHALL
ATTACH THE NOTICE OF THE ADMINISTRATIVE HEARING TO THE ORDER AND 9,841
SEND IT IN ACCORDANCE WITH THAT SECTION. THE RULES OF CIVIL 9,843
PROCEDURE SHALL APPLY REGARDING THE SENDING OF THE NOTICE, EXCEPT 9,844
TO THE EXTENT THE CIVIL RULES, BY THEIR NATURE, ARE CLEARLY 9,845
INAPPLICABLE AND EXCEPT THAT REFERENCES IN THE CIVIL RULES TO THE 9,846
COURT OR THE CLERK OF THE COURT SHALL BE CONSTRUED AS BEING 9,847
REFERENCES TO THE CHILD SUPPORT ENFORCEMENT AGENCY OR THE 9,848
ADMINISTRATIVE OFFICER.
THE HEARING SHALL BE HELD NO LATER THAN SIXTY DAYS AFTER 9,850
228
THE REQUEST IS MADE UNDER SECTION 3111.29 OR 3111.78 OF THE 9,851
REVISED CODE OR AN ADMINISTRATIVE OFFICER ISSUES AN 9,853
ADMINISTRATIVE ORDER DETERMINING THE EXISTENCE OF A PARENT AND 9,854
CHILD RELATIONSHIP UNDER SECTION 3111.46 OF THE REVISED CODE. 9,856
THE HEARING SHALL NOT BE HELD EARLIER THAN THIRTY DAYS AFTER THE 9,857
OFFICER GIVES THE MOTHER AND FATHER NOTICE OF THE HEARING. 9,858
Sec. 3111.81. AFTER THE HEARING UNDER SECTION 3111.80 OF 9,860
THE REVISED CODE IS COMPLETED, THE ADMINISTRATIVE OFFICER MAY 9,862
ISSUE AN ADMINISTRATIVE ORDER FOR THE PAYMENT OF SUPPORT AND 9,863
PROVISION FOR THE CHILD'S HEALTH CARE. THE ORDER SHALL DO ALL OF 9,865
THE FOLLOWING:
(A) REQUIRE PERIODIC PAYMENTS OF SUPPORT THAT MAY VARY IN 9,867
AMOUNT, EXCEPT THAT, IF IT IS IN THE BEST INTEREST OF THE CHILD, 9,869
THE ADMINISTRATIVE OFFICER MAY ORDER THE PURCHASE OF AN ANNUITY 9,870
IN LIEU OF PERIODIC PAYMENTS OF SUPPORT IF THE PURCHASE AGREEMENT 9,871
PROVIDES THAT ANY REMAININGPRINCIPAL WILL BE TRANSFERRED TO THE 9,872
OWNERSHIP AND CONTROL OF THE CHILD ON THE CHILD'S ATTAINMENT OF 9,873
THE AGE OF MAJORITY;
(B) REQUIRE THE PARENTS TO PROVIDE FOR THE HEALTH CARE 9,875
NEEDS OF THE CHILD IN ACCORDANCE WITH SECTIONS 3119.30 TO 3119.58 9,876
OF THE REVISED CODE; 9,877
(C) INCLUDE A NOTICE THAT CONTAINS THE INFORMATION 9,879
DESCRIBED IN SECTION 3111.84 OF THE REVISED CODE INFORMING THE 9,880
MOTHER AND THE FATHER OF THE RIGHT TO OBJECT TO THE ORDER BY 9,882
BRINGING AN ACTION FOR THE PAYMENT OF SUPPORT AND PROVISION OF
THE CHILD'S HEALTH CARE UNDER SECTION 2151.231 OF THE REVISED 9,884
CODE AND THE EFFECT OF A FAILURE TO TIMELY BRING THE ACTION.
Sec. 3111.82. A PARTY TO A REQUEST MADE UNDER SECTION 9,886
3111.78 OF THE REVISED CODE FOR AN ADMINISTRATIVE SUPPORT ORDER 9,887
MAY RAISE THE ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT 9,888
AND CHILD RELATIONSHIP.
Sec. 3111.821. IF A REQUEST IS MADE PURSUANT TO SECTION 9,891
3111.78 OF THE REVISED CODE FOR AN ADMINISTRATIVE SUPPORT ORDER
AND THE ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND 9,893
229
CHILD RELATIONSHIP IS RAISED, THE ADMINISTRATIVE OFFICER SHALL
TREAT THE REQUEST AS A REQUEST MADE PURSUANT TO SECTION 3111.38 9,895
OF THE REVISED CODE AND DETERMINE THE ISSUE IN ACCORDANCE WITH 9,897
THAT SECTION. IF THE REQUEST MADE UNDER SECTION 3111.78 OF THE 9,898
REVISED CODE IS MADE BASED ON AN ACKNOWLEDGMENT OF PATERNITY THAT 9,899
HAS NOT BECOME FINAL, THE ADMINISTRATIVE OFFICER SHALL PROMPTLY 9,900
NOTIFY THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF JOB AND 9,901
FAMILY SERVICES WHEN THE OFFICER ISSUES AN ORDER DETERMINING THE 9,902
EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP WITH 9,903
RESPECT TO THE CHILD WHO IS THE SUBJECT OF THE ACKNOWLEDGMENT OF
PATERNITY. ON RECEIPT OF THE NOTICE BY THE OFFICE, THE 9,906
ACKNOWLEDGMENT OF PATERNITY SHALL BE CONSIDERED RESCINDED. 9,907
IF THE PARTIES DO NOT RAISE THE ISSUE OF THE EXISTENCE OR 9,909
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP PURSUANT TO THE 9,910
REQUEST MADE UNDER SECTION 3111.78 OF THE REVISED CODE AND AN 9,912
ADMINISTRATIVE ORDER IS ISSUED PURSUANT TO SECTION 3111.81 OF THE 9,913
REVISED CODE PRIOR TO THE DATE THE ACKNOWLEDGMENT OF PATERNITY 9,915
BECOMES FINAL, THE ACKNOWLEDGMENT SHALL BE CONSIDERED FINAL AS OF 9,917
THE DATE OF THE ISSUANCE OF THE ORDER. AN ADMINISTRATIVE ORDER 9,918
ISSUED PURSUANT TO SECTION 3111.81 OF THE REVISED CODE SHALL NOT 9,919
AFFECT AN ACKNOWLEDGMENT THAT BECOMES FINAL PRIOR TO THE ISSUANCE 9,921
OF THE ORDER.
Sec. 3111.83. AN ADMINISTRATIVE OFFICER WHO ISSUES AN 9,923
ADMINISTRATIVE SUPPORT ORDER FOR THE PAYMENT OF SUPPORT AND 9,924
PROVISION FOR A CHILD'S HEALTH CARE SHALL REGISTER THE ORDER OR 9,925
CAUSE THE ORDER TO BE REGISTERED IN THE SYSTEM ESTABLISHED UNDER 9,926
SECTION 3111.831 OF THE REVISED CODE OR WITH THE CLERK OF THE 9,928
COURT OF APPROPRIATE JURISDICTION OF THE COUNTY SERVED BY THE 9,929
ADMINISTRATIVE OFFICER'S CHILD SUPPORT ENFORCEMENT AGENCY. 9,931
Sec. 3111.831. EACH CHILD SUPPORT ENFORCEMENT AGENCY MAY 9,933
DEVELOP A SYSTEM AND PROCEDURE FOR THE ORGANIZED SAFEKEEPING AND 9,934
RETRIEVAL OF ADMINISTRATIVE SUPPORT ORDERS FOR THE PAYMENT OF 9,935
SUPPORT AND PROVISION FOR THE CHILD'S HEALTH CARE. 9,936
Sec. 3111.832. IF AN ADMINISTRATIVE SUPPORT ORDER IS 9,938
230
REGISTERED WITH THE CLERK OF A COURT OF APPROPRIATE JURISDICTION, 9,939
THE CLERK SHALL NOT CHARGE A FEE FOR THE REGISTRATION AND SHALL 9,941
ASSIGN THE ORDER A CASE NUMBER.
Sec. 3111.84. THE MOTHER OR FATHER OF A CHILD WHO IS THE 9,943
SUBJECT OF AN ADMINISTRATIVE SUPPORT ORDER MAY OBJECT TO THE 9,944
ORDER BY BRINGING AN ACTION FOR THE PAYMENT OF SUPPORT AND 9,946
PROVISION FOR THE CHILD'S HEALTH CARE UNDER SECTION 2151.231 OF 9,947
THE REVISED CODE IN THE JUVENILE COURT OR OTHER COURT WITH 9,948
JURISDICTION UNDER SECTION 2101.022 OR 2301.03 OF THE REVISED 9,949
CODE OF THE COUNTY IN WHICH THE CHILD SUPPORT ENFORCEMENT AGENCY 9,950
THAT EMPLOYS THE ADMINISTRATIVE OFFICER IS LOCATED. THE ACTION 9,951
SHALL BE BROUGHT NOT LATER THAN THIRTY DAYS AFTER THE DATE OF THE 9,952
ISSUANCE OF THE ADMINISTRATIVE SUPPORT ORDER. IF NEITHER THE 9,953
MOTHER NOR THE FATHER BRINGS AN ACTION FOR THE PAYMENT OF SUPPORT 9,954
AND PROVISION FOR THE CHILD'S HEALTH CARE WITHIN THAT THIRTY-DAY 9,955
PERIOD, THE ADMINISTRATIVE SUPPORT ORDER IS FINAL AND ENFORCEABLE 9,956
BY A COURT AND MAY BE MODIFIED ONLY AS PROVIDED IN CHAPTERS 9,957
3119., 3121., AND 3123. OF THE REVISED CODE. 9,958
Sec. 3111.85. AN ADMINISTRATIVE SUPPORT ORDER ISSUED 9,960
PURSUANT TO FORMER SECTION 3111.21 OF THE REVISED CODE PRIOR TO 9,961
JANUARY 1, 1998, THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS 9,962
SECTION SHALL REMAIN IN EFFECT ON AND AFTER THE EFFECTIVE DATE OF 9,963
THIS SECTION AND SHALL BE CONSIDERED AN ADMINISTRATIVE SUPPORT 9,964
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 9,974
to 3111.38 3111.96 of the Revised Code: 9,975
(A) "Artificial insemination" means the introduction of 9,977
semen into the vagina, cervical canal, or uterus through 9,978
instruments or other artificial means. 9,979
(B) "Donor" means a man who supplies semen for a 9,981
non-spousal artificial insemination. 9,982
(C) "Non-spousal artificial insemination" means an 9,984
artificial insemination of a woman with the semen of a man who is 9,985
231
not her husband. 9,986
(D) "Physician" means a person who is licensed pursuant to 9,988
Chapter 4731. of the Revised Code to practice medicine or surgery 9,989
or osteopathic medicine or surgery in this state. 9,990
(E) "Recipient" means a woman who has been artificially 9,992
inseminated with the semen of a donor. 9,993
Sec. 3111.31 3111.89. Sections 3111.30 3111.88 to 3111.38 10,003
3111.96 of the Revised Code deal with non-spousal artificial 10,005
insemination for the purpose of impregnating a woman so that she 10,006
can bear a child that she intends to raise as her child. These
sections do not deal with the artificial insemination of a wife 10,007
with the semen of her husband or with surrogate motherhood. 10,008
Sec. 3111.32 3111.90. A non-spousal artificial 10,017
insemination shall be performed by a physician or a person who is 10,019
under the supervision and control of a physician. Supervision 10,020
requires the availability of a physician for consultation and
direction, but does not necessarily require the personal presence 10,021
of the physician who is providing the supervision. 10,022
Sec. 3111.33 3111.91. (A) In a non-spousal artificial 10,031
insemination, fresh or frozen semen may be used, provided that 10,032
the requirements of division (B) of this section are satisfied. 10,033
(B)(1) A physician or person under the supervision and 10,035
control of a physician may use fresh semen for purposes of a 10,036
non-spousal artificial insemination, only if within one year 10,037
prior to the supplying of the semen, a complete medical history 10,038
of the donor, including, but not limited to, any available 10,039
genetic history of the donor, was obtained by a physician, the 10,040
donor had a physical examination by a physician, and the donor 10,041
was tested for blood type and RH factor. 10,042
(2) A physician or person under the supervision and 10,044
control of a physician may use frozen semen for purposes of a 10,045
non-spousal artificial insemination only if all the following 10,046
apply: 10,047
(a) The requirements set forth in division (B)(1) of this 10,049
232
section are satisfied; 10,050
(b) In conjunction with the supplying of the semen, the 10,052
semen or blood of the donor was the subject of laboratory studies 10,053
that the physician involved in the non-spousal artificial 10,054
insemination considers appropriate. The laboratory studies may 10,055
include, but are not limited to, venereal disease research 10,056
laboratories, karotyping, GC culture, cytomegalo, hepatitis, 10,057
kem-zyme, Tay-Sachs, sickle-cell, ureaplasma, HLTV-III, and 10,058
chlamydia. 10,059
(c) The physician involved in the non-spousal artificial 10,061
insemination determines that the results of the laboratory 10,062
studies are acceptable results. 10,063
Sec. 3111.34 3111.92. The non-spousal artificial 10,072
insemination of a married woman may occur only if both she and 10,074
her husband sign a written consent to the artificial insemination 10,075
as described in section 3111.35 3111.93 of the Revised Code. 10,076
Sec. 3111.35 3111.93. (A) Prior to a non-spousal 10,085
artificial insemination, the physician associated with it shall 10,086
do the following: 10,087
(1) Obtain the written consent of the recipient on a form 10,089
that the physician shall provide. The written consent shall 10,090
contain all of the following: 10,091
(a) The name and address of the recipient and, if married, 10,093
her husband; 10,094
(b) The name of the physician; 10,096
(c) The proposed location of the performance of the 10,098
artificial insemination; 10,099
(d) A statement that the recipient and, if married, her 10,101
husband consent to the artificial insemination; 10,102
(e) If desired, a statement that the recipient and, if 10,104
married, her husband consent to more than one artificial 10,105
insemination if necessary; 10,106
(f) A statement that the donor shall not be advised by the 10,108
physician or another person performing the artificial 10,109
233
insemination as to the identity of the recipient or, if married, 10,110
her husband and that the recipient and, if married, her husband 10,111
shall not be advised by the physician or another person 10,112
performing the artificial insemination as to the identity of the 10,113
donor; 10,114
(g) A statement that the physician is to obtain necessary 10,116
semen from a donor and, subject to any agreed upon provision as 10,117
described in division (A)(1)(n) of this section, that the 10,118
recipient and, if married, her husband shall rely upon the 10,119
judgment and discretion of the physician in this regard; 10,120
(h) A statement that the recipient and, if married, her 10,122
husband understand that the physician cannot be responsible for 10,123
the physical or mental characteristics of any child resulting 10,124
from the artificial insemination; 10,125
(i) A statement that there is no guarantee that the 10,127
recipient will become pregnant as a result of the artificial 10,128
insemination; 10,129
(j) A statement that the artificial insemination shall 10,131
occur in compliance with sections 3111.30 3111.88 to 3111.38 10,133
3111.96 of the Revised Code; 10,134
(k) A brief summary of the paternity consequences of the 10,136
artificial insemination as set forth in section 3111.37 3111.95 10,138
of the Revised Code; 10,139
(l) The signature of the recipient and, if married, her 10,141
husband; 10,142
(m) If agreed to, a statement that the artificial 10,144
insemination will be performed by a person who is under the 10,145
supervision and control of the physician; 10,146
(n) Any other provision that the physician, the recipient, 10,148
and, if married, her husband agree to include. 10,149
(2) Upon request, provide the recipient and, if married, 10,151
her husband with the following information to the extent the 10,152
physician has knowledge of it: 10,153
(a) The medical history of the donor, including, but not 10,155
234
limited to, any available genetic history of the donor and 10,156
persons related to him by consanguinity, the blood type of the 10,157
donor, and whether he has an RH factor; 10,158
(b) The race, eye and hair color, age, height, and weight 10,160
of the donor; 10,161
(c) The educational attainment and talents of the donor; 10,163
(d) The religious background of the donor; 10,165
(e) Any other information that the donor has indicated may 10,167
be disclosed. 10,168
(B) After each non-spousal artificial insemination of a 10,170
woman, the physician associated with it shall note the date of 10,171
the artificial insemination in his THE PHYSICIAN'S records 10,172
pertaining to the woman and the artificial insemination, and 10,174
retain this information as provided in section 3111.36 3111.94 of 10,175
the Revised Code. 10,176
Sec. 3111.36 3111.94. (A) The physician who is associated 10,185
with a non-spousal artificial insemination shall place the 10,187
written consent obtained pursuant to division (A)(1) of section 10,188
3111.35 3111.93 of the Revised Code, information provided to the 10,190
recipient and, if married, her husband pursuant to division 10,191
(A)(2) of that section, other information concerning the donor 10,192
that he THE PHYSICIAN possesses, and other matters concerning the 10,194
artificial insemination in a file that shall bear the name of the 10,195
recipient. This file shall be retained by the physician in his 10,196
THE PHYSICIAN'S office separate from any regular medical chart of 10,198
the recipient, and shall be confidential, except as provided in 10,199
divisions (B) and (C) of this section. This file is not a public 10,200
record under section 149.43 of the Revised Code. 10,201
(B) The written consent form and information provided to 10,203
the recipient and, if married, her husband pursuant to division 10,204
(A)(2) of section 3111.35 3111.93 of the Revised Code shall be 10,205
open to inspection only until the child born as the result of the 10,207
non-spousal artificial insemination is twenty-one years of age, 10,208
and only to the recipient or, if married, her husband upon 10,209
235
request to the physician. 10,210
(C) Information pertaining to the donor that was not 10,212
provided to the recipient and, if married, her husband pursuant 10,213
to division (A)(2) of section 3111.35 3111.93 of the Revised Code 10,215
and that the physician possesses shall be kept in the file 10,216
pertaining to the non-spousal artificial insemination for at 10,217
least five years from the date of the artificial insemination. 10,218
At the expiration of this period, the physician may destroy such 10,219
information or retain it in the file. 10,220
The physician shall not make this information available for 10,222
inspection by any person during the five-year period or, if the 10,223
physician retains the information after the expiration of that 10,224
period, at any other time, unless the following apply: 10,225
(1) A child is born as a result of the artificial 10,227
insemination, an action is filed by the recipient, her husband if 10,228
she is married, or a guardian of the child in the domestic 10,229
relations division or, if there is no domestic relations 10,230
division, the general division of the court of common pleas of 10,231
the county in which the office of the physician is located, the 10,232
child is not twenty-one years of age or older, and the court 10,233
pursuant to division (C)(2) of this section issues an order 10,234
authorizing the inspection of specified types of information by 10,235
the recipient, husband, or guardian; 10,236
(2) Prior to issuing an order authorizing an inspection of 10,238
information, the court shall determine, by clear and convincing 10,239
evidence, that the information that the recipient, husband, or 10,240
guardian wishes to inspect is necessary for or helpful in the 10,241
medical treatment of the child born as a result of the artificial 10,242
insemination, and shall determine which types of information in 10,243
the file are germane to the medical treatment and are to be made 10,244
available for inspection by the recipient, husband, or guardian 10,245
in that regard. An order only shall authorize the inspection of 10,246
information germane to the medical treatment of the child. 10,247
Sec. 3111.37 3111.95. (A) If a married woman is the 10,256
236
subject of a non-spousal artificial insemination and if her 10,258
husband consented to the artificial insemination, the husband 10,259
shall be treated in law and regarded as the natural father of a 10,260
child conceived as a result of the artificial insemination, and a 10,261
child so conceived shall be treated in law and regarded as the 10,262
natural child of the husband. A presumption that arises under 10,263
division (A)(1) or (2) of section 3111.03 of the Revised Code is 10,264
conclusive with respect to this father and child relationship, 10,265
and no action or proceeding under sections 3111.01 to 3111.19 10,267
3111.18 or section 3111.22 or 3113.2111 SECTIONS 3111.38 TO 10,268
3111.54 of the Revised Code shall affect the relationship. 10,270
(B) If a woman is the subject of a non-spousal artificial 10,272
insemination, the donor shall not be treated in law or regarded 10,273
as the natural father of a child conceived as a result of the 10,274
artificial insemination, and a child so conceived shall not be 10,275
treated in law or regarded as the natural child of the donor. No 10,276
action or proceeding under sections 3111.01 to 3111.19 3111.18 or 10,278
section 3111.22 SECTIONS 3111.38 TO 3111.54 of the Revised Code 10,280
shall affect these consequences. 10,281
Sec. 3111.38 3111.96. The failure of a physician or person 10,290
under the supervision and control of a physician to comply with 10,292
the applicable requirements of sections 3111.30 3111.88 to 10,293
3111.37 3111.95 of the Revised Code shall not affect the legal 10,295
status, rights, or obligations of a child conceived as a result 10,296
of a non-spousal artificial insemination, a recipient, a husband 10,297
who consented to the non-spousal artificial insemination of his 10,298
wife, or the donor. If a recipient who is married and her 10,299
husband make a good faith effort to execute a written consent 10,300
that is in compliance with section 3111.35 3111.93 of the Revised 10,301
Code relative to a non-spousal artificial insemination, the 10,302
failure of the written consent to so comply shall not affect the 10,303
paternity consequences set forth in division (A) of section 10,304
3111.37 3111.95 of the Revised Code. 10,305
Sec. 3111.99. (A) For purposes of this section, 10,314
237
"administrative support order" and "obligor" have the same 10,315
meaning as in section 3111.20 of the Revised Code. 10,316
(B) Whoever violates section 3111.29 3111.19 of the 10,318
Revised Code is guilty of interfering with the establishment of 10,320
paternity, a misdemeanor of the first degree. 10,321
(C) An obligor who violates division (B)(1)(c) of section 10,324
3111.23 of the Revised Code shall be fined not more than fifty 10,325
dollars for a first offense, not more than one hundred dollars
for a second offense, and not more than five hundred dollars for 10,326
each subsequent offense. 10,327
(D) An obligor who violates division (E)(2) of section 10,329
3111.23 of the Revised Code shall be fined not more than fifty 10,330
dollars for a first offense, not more than one hundred dollars 10,332
for a second offense, and not more than five hundred dollars for 10,333
each subsequent offense.
(E) A fine imposed pursuant to division (C) or (D) of this 10,336
section shall be paid to the division of child support in the 10,337
department of job and family services or, pursuant to division 10,339
(H)(4) of section 2301.35 of the Revised Code, the child support 10,341
enforcement agency. The amount of the fine that does not exceed 10,342
the amount of arrearage the obligor owes under the administrative 10,343
support order shall be disbursed in accordance with the support
order. The amount of the fine that exceeds the amount of the 10,344
arrearage under the support order shall be called program income 10,345
and shall be collected in accordance with section 5101.325 of the 10,346
Revised Code.
Sec. 3113.04. (A) Sentence may be suspended if a person, 10,355
after conviction under section 2919.21 of the Revised Code and 10,356
before sentence under that section, appears before the court of 10,357
common pleas in which the conviction took place and enters into 10,358
bond to the state in a sum fixed by the court at not less than 10,359
five hundred nor more than one thousand dollars, with sureties 10,360
approved by the court, conditioned that the person will furnish 10,361
the child or other dependent with necessary or proper home, care, 10,362
238
food, and clothing, or will pay promptly each week for such 10,363
purpose to the division OFFICE of child support in the department 10,365
of job and family services, a sum to be fixed by the agency. The 10,366
child support enforcement agency shall comply with sections 10,367
3113.21 to 3113.219 CHAPTER 3119. of the Revised Code when it 10,369
fixes the sum to be paid to the division.
(B) Each order for child support made or modified under 10,371
this section shall include as part of the order a general 10,373
provision, as described in division (A)(1) of section 3113.21 of 10,374
the Revised Code, requiring the withholding or deduction of 10,375
income or assets of the obligor under the order as described in 10,377
division (D) of section 3113.21 of the Revised Code or another 10,378
type of appropriate requirement as described in division (D)(3), 10,379
(D)(4) or (H) of that section, to ensure that withholding or 10,381
deduction from the income or assets of the obligor is available 10,383
from the commencement of the support order for collection of the 10,384
support and of any arrearages that occur; a statement requiring 10,385
all parties to the order to notify the child support enforcement 10,386
agency in writing of their current mailing address, current 10,387
residence address, current resident telephone number, current 10,388
driver's license number, and any changes to that information, and 10,389
a notice that the requirement to notify the agency of all changes 10,391
to that information continues until further notice from the 10,393
court. If any person required to pay child support under an 10,394
order made under this section on or after April 15, 1985, or 10,395
modified on or after December 1, 1986, is found in contempt of 10,396
court for failure to make support payments under the order, the 10,397
court that makes the finding, in addition to any other penalty or 10,398
remedy imposed, shall assess all court costs arising out of the 10,399
contempt proceeding against the person and require the person to 10,400
pay any reasonable attorney's fees of any adverse party, as 10,401
determined by the court, that arose in relation to the act of 10,402
contempt.
(C) Notwithstanding section 3109.01 of the Revised Code, 10,404
239
if a court issues a child support order under this section, the 10,405
order shall remain in effect beyond the child's eighteenth 10,406
birthday as long as the child continuously attends on a full-time 10,407
basis any recognized and accredited high school or the order 10,409
provides that the duty of support of the child continues beyond 10,410
the child's eighteenth birthday. Except in cases in which the 10,412
order provides that the duty of support continues for any period 10,413
after the child reaches nineteen years of age, the order shall 10,414
not remain in effect after the child reaches age nineteen. Any 10,415
parent ordered to pay support under a child support order issued 10,417
under this section shall continue to pay support under the order, 10,418
including during seasonal vacation periods, until the order 10,419
terminates. 10,420
Sec. 3113.07. As used in this section, "executive 10,429
director" has the same meaning as in section 5153.01 of the 10,430
Revised Code. 10,431
Sentence may be suspended, if a person, after conviction 10,433
under section 3113.06 of the Revised Code and before sentence 10,434
thereunder, appears before the court of common pleas in which 10,435
such conviction took place and enters into bond to the state in a 10,436
sum fixed by the court at not less than five hundred dollars, 10,437
with sureties approved by such court, conditioned that such 10,438
person will pay, so long as the child remains a ward of the 10,439
public children services agency or a recipient of aid pursuant to 10,441
Chapter 5107. or 5115. of the Revised Code, to the executive 10,442
director thereof or to a trustee to be named by the court, for 10,443
the benefit of such agency or if the child is a recipient of aid 10,444
pursuant to Chapter 5107. or 5115. of the Revised Code, to the 10,446
county department of job and family services, the reasonable cost 10,447
of keeping such child. The amount of such costs and the time of 10,448
payment shall be fixed by the court. 10,449
The court, in accordance with section 3113.217 SECTIONS 10,451
3119.30 TO 3119.58 of the Revised Code, shall include in each 10,454
support order made under this section the requirement that one or 10,456
240
both of the parents provide for the health care needs of the
child to the satisfaction of the court. 10,457
Sec. 3113.31. (A) As used in this section: 10,466
(1) "Domestic violence" means the occurrence of one or 10,468
more of the following acts against a family or household member: 10,469
(a) Attempting to cause or recklessly causing bodily 10,471
injury; 10,472
(b) Placing another person by the threat of force in fear 10,474
of imminent serious physical harm or committing a violation of 10,475
section 2903.211 or 2911.211 of the Revised Code; 10,476
(c) Committing any act with respect to a child that would 10,478
result in the child being an abused child, as defined in section 10,479
2151.031 of the Revised Code. 10,480
(2) "Court" means the domestic relations division of the 10,482
court of common pleas in counties that have a domestic relations 10,483
division, and the court of common pleas in counties that do not 10,484
have a domestic relations division. 10,485
(3) "Family or household member" means any of the 10,487
following: 10,488
(a) Any of the following who is residing with or has 10,490
resided with the respondent: 10,491
(i) A spouse, a person living as a spouse, or a former 10,493
spouse of the respondent; 10,494
(ii) A parent or a child of the respondent, or another 10,496
person related by consanguinity or affinity to the respondent; 10,497
(iii) A parent or a child of a spouse, person living as a 10,499
spouse, or former spouse of the respondent, or another person 10,500
related by consanguinity or affinity to a spouse, person living 10,501
as a spouse, or former spouse of the respondent. 10,502
(b) The natural parent of any child of whom the respondent 10,504
is the other natural parent or is the putative other natural 10,505
parent.
(4) "Person living as a spouse" means a person who is 10,507
living or has lived with the respondent in a common law marital 10,508
241
relationship, who otherwise is cohabiting with the respondent, or 10,510
who otherwise has cohabited with the respondent within five years 10,511
prior to the date of the alleged occurrence of the act in
question.
(5) "Victim advocate" means a person who provides support 10,513
and assistance for a person who files a petition under this 10,514
section.
(B) The court has jurisdiction over all proceedings under 10,516
this section. The petitioner's right to relief under this 10,517
section is not affected by the petitioner's leaving the residence 10,518
or household to avoid further domestic violence. 10,519
(C) A person may seek relief under this section on the 10,521
person's own behalf, or any parent or adult household member may 10,523
seek relief under this section on behalf of any other family or
household member, by filing a petition with the court. The 10,524
petition shall contain or state: 10,525
(1) An allegation that the respondent engaged in domestic 10,527
violence against a family or household member of the respondent, 10,528
including a description of the nature and extent of the domestic 10,529
violence; 10,530
(2) The relationship of the respondent to the petitioner, 10,532
and to the victim if other than the petitioner; 10,533
(3) A request for relief under this section. 10,535
(D)(1) If a person who files a petition pursuant to this 10,537
section requests an ex parte order, the court shall hold an ex 10,538
parte hearing on the same day that the petition is filed. The 10,539
court, for good cause shown at the ex parte hearing, may enter 10,540
any temporary orders, with or without bond, including, but not 10,541
limited to, an order described in division (E)(1)(a), (b), or (c) 10,542
of this section, that the court finds necessary to protect the 10,543
family or household member from domestic violence. Immediate and 10,544
present danger of domestic violence to the family or household 10,545
member constitutes good cause for purposes of this section. 10,546
Immediate and present danger includes, but is not limited to, 10,547
242
situations in which the respondent has threatened the family or 10,548
household member with bodily harm or in which the respondent 10,549
previously has been convicted of or pleaded guilty to an offense 10,551
that constitutes domestic violence against the family or
household member. 10,552
(2)(a) If the court, after an ex parte hearing, issues an 10,554
order described in division (E)(1)(b) or (c) of this section, the 10,555
court shall schedule a full hearing for a date that is within 10,556
seven court days after the ex parte hearing. If any other type 10,557
of protection order that is authorized under division (E) of this 10,558
section is issued by the court after an ex parte hearing, the 10,559
court shall schedule a full hearing for a date that is within ten 10,560
court days after the ex parte hearing. The court shall give the 10,561
respondent notice of, and an opportunity to be heard at, the full 10,563
hearing. The court shall hold the full hearing on the date 10,564
scheduled under this division unless the court grants a 10,565
continuance of the hearing in accordance with this division.
Under any of the following circumstances or for any of the 10,566
following reasons, the court may grant a continuance of the full 10,567
hearing to a reasonable time determined by the court: 10,568
(i) Prior to the date scheduled for the full hearing under 10,570
this division, the respondent has not been served with the 10,571
petition filed pursuant to this section and notice of the full 10,572
hearing.
(ii) The parties consent to the continuance. 10,574
(iii) The continuance is needed to allow a party to obtain 10,576
counsel. 10,577
(iv) The continuance is needed for other good cause. 10,579
(b) An ex parte order issued under this section does not 10,581
expire because of a failure to serve notice of the full hearing 10,582
upon the respondent before the date set for the full hearing 10,583
under division (D)(2)(a) of this section or because the court 10,584
grants a continuance under that division. 10,585
(3) If a person who files a petition pursuant to this 10,587
243
section does not request an ex parte order, or if a person 10,588
requests an ex parte order but the court does not issue an ex 10,589
parte order after an ex parte hearing, the court shall proceed as 10,590
in a normal civil action and grant a full hearing on the matter. 10,591
(E)(1) After an ex parte or full hearing, the court may 10,593
grant any protection order, with or without bond, or approve any 10,594
consent agreement to bring about a cessation of domestic violence 10,595
against the family or household members. The order or agreement 10,596
may: 10,597
(a) Direct the respondent to refrain from abusing the 10,599
family or household members; 10,600
(b) Grant possession of the residence or household to the 10,602
petitioner or other family or household member, to the exclusion 10,603
of the respondent, by evicting the respondent, when the residence 10,604
or household is owned or leased solely by the petitioner or other 10,605
family or household member, or by ordering the respondent to 10,606
vacate the premises, when the residence or household is jointly 10,607
owned or leased by the respondent, and the petitioner or other 10,608
family or household member; 10,609
(c) When the respondent has a duty to support the 10,611
petitioner or other family or household member living in the 10,612
residence or household and the respondent is the sole owner or 10,613
lessee of the residence or household, grant possession of the 10,614
residence or household to the petitioner or other family or 10,615
household member, to the exclusion of the respondent, by ordering 10,616
the respondent to vacate the premises, or, in the case of a 10,617
consent agreement, allow the respondent to provide suitable, 10,618
alternative housing; 10,619
(d) Temporarily allocate parental rights and 10,621
responsibilities for the care of, or establish temporary 10,622
visitation PARENTING TIME rights with regard to, minor children, 10,623
if no other court has determined, or is determining, the 10,625
allocation of parental rights and responsibilities for the minor 10,626
children or visitation PARENTING TIME rights; 10,628
244
(e) Require the respondent to maintain support, if the 10,630
respondent customarily provides for or contributes to the support 10,631
of the family or household member, or if the respondent has a 10,632
duty to support the petitioner or family or household member; 10,633
(f) Require the respondent, petitioner, victim of domestic 10,635
violence, or any combination of those persons, to seek 10,636
counseling; 10,637
(g) Require the respondent to refrain from entering the 10,639
residence, school, business, or place of employment of the 10,640
petitioner or family or household member; 10,641
(h) Grant other relief that the court considers equitable 10,643
and fair, including, but not limited to, ordering the respondent 10,644
to permit the use of a motor vehicle by the petitioner or other 10,645
family or household member and the apportionment of household and 10,646
family personal property. 10,647
(2) If a protection order has been issued pursuant to this 10,649
section in a prior action involving the respondent and the 10,650
petitioner or one or more of the family or household members, the 10,651
court may include in a protection order that it issues a 10,652
prohibition against the respondent returning to the residence or 10,653
household. If it includes a prohibition against the respondent 10,655
returning to the residence or household in the order, it also 10,656
shall include in the order provisions of the type described in 10,657
division (E)(7) of this section. This division does not preclude 10,659
the court from including in a protection order or consent 10,660
agreement, in circumstances other than those described in this 10,661
division, a requirement that the respondent be evicted from or 10,662
vacate the residence or household or refrain from entering the 10,663
residence, school, business, or place of employment of the 10,664
petitioner or a family or household member, and, if the court 10,665
includes any requirement of that type in an order or agreement, 10,666
the court also shall include in the order provisions of the type 10,667
described in division (E)(7) of this section. 10,668
(3)(a) Any protection order issued or consent agreement 10,671
245
approved under this section shall be valid until a date certain, 10,672
but not later than five years from the date of its issuance or 10,673
approval.
(b) Subject to the limitation on the duration of an order 10,675
or agreement set forth in division (E)(3)(a) of this section, any 10,676
order under division (E)(1)(d) of this section shall terminate on 10,677
the date that a court in an action for divorce, dissolution of 10,679
marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and 10,680
responsibilities for the care of children or on the date that a 10,681
juvenile court in an action brought by the petitioner or 10,682
respondent issues an order awarding legal custody of minor 10,683
children. Subject to the limitation on the duration of an order
or agreement set forth in division (E)(3)(a) of this section, any 10,684
order under division (E)(1)(e) of this section shall terminate on 10,685
the date that a court in an action for divorce, dissolution of 10,686
marriage, or legal separation brought by the petitioner or 10,687
respondent issues a support order or on the date that a juvenile 10,688
court in an action brought by the petitioner or respondent issues
a support order. 10,689
(c) Any protection order issued or consent agreement 10,692
approved pursuant to this section may be renewed in the same 10,693
manner as the original order or agreement was issued or approved. 10,694
(4) A court may not issue a protection order that requires 10,696
a petitioner to do or to refrain from doing an act that the court 10,697
may require a respondent to do or to refrain from doing under 10,698
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this 10,699
section unless all of the following apply:
(a) The respondent files a separate petition for a 10,701
protection order in accordance with this section. 10,702
(b) The petitioner is served notice of the respondent's 10,704
petition at least forty-eight hours before the court holds a 10,705
hearing with respect to the respondent's petition, or the 10,706
petitioner waives the right to receive this notice. 10,707
246
(c) If the petitioner has requested an ex parte order 10,709
pursuant to division (D) of this section, the court does not 10,710
delay any hearing required by that division beyond the time 10,711
specified in that division in order to consolidate the hearing 10,712
with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents 10,714
evidence in support of the request for a protection order and the 10,715
petitioner is afforded an opportunity to defend against that 10,716
evidence, the court determines that the petitioner has committed 10,717
an act of domestic violence or has violated a temporary 10,718
protection order issued pursuant to section 2919.26 of the
Revised Code, that both the petitioner and the respondent acted 10,719
primarily as aggressors, and that neither the petitioner nor the 10,720
respondent acted primarily in self-defense. 10,721
(5) No protection order issued or consent agreement 10,723
approved under this section shall in any manner affect title to 10,725
any real property.
(6)(a) If a petitioner, or the child of a petitioner, who 10,727
obtains a protection order or consent agreement pursuant to 10,728
division (E)(1) of this section or a temporary protection order 10,729
pursuant to section 2919.26 of the Revised Code and is the 10,730
subject of a PARENTING TIME ORDER ISSUED PURSUANT TO SECTION 10,731
3109.051 OR 3109.12 OF THE REVISED CODE OR A visitation or
companionship order issued pursuant to section 3109.051, 3109.11, 10,733
or 3109.12 of the Revised Code or division (E)(1)(d) of this
section granting visitation or companionship PARENTING TIME 10,734
rights to the respondent, the court may require the public 10,736
children services agency of the county in which the court is 10,737
located to provide supervision of the respondent's exercise of
PARENTING TIME OR visitation or companionship rights with respect 10,738
to the child for a period not to exceed nine months, if the court 10,740
makes the following findings of fact: 10,741
(i) The child is in danger from the respondent; 10,743
(ii) No other person or agency is available to provide the 10,745
247
supervision.
(b) A court that requires an agency to provide supervision 10,747
pursuant to division (E)(6)(a) of this section shall order the 10,749
respondent to reimburse the agency for the cost of providing the 10,750
supervision, if it determines that the respondent has sufficient 10,752
income or resources to pay that cost.
(7)(a) If a protection order issued or consent agreement 10,754
approved under this section includes a requirement that the 10,755
respondent be evicted from or vacate the residence or household 10,756
or refrain from entering the residence, school, business, or 10,757
place of employment of the petitioner or a family or household 10,758
member, the order or agreement shall state clearly that the order 10,759
or agreement cannot be waived or nullified by an invitation to 10,760
the respondent from the petitioner or other family or household 10,761
member to enter the residence, school, business, or place of 10,762
employment or by the respondent's entry into one of those places 10,763
otherwise upon the consent of the petitioner or other family or 10,764
household member. 10,765
(b) Division (E)(7)(a) of this section does not limit any 10,768
discretion of a court to determine that a respondent charged with 10,769
a violation of section 2919.27 of the Revised Code, with a 10,770
violation of a municipal ordinance substantially equivalent to 10,771
that section, or with contempt of court, which charge is based on 10,772
an alleged violation of a protection order issued or consent 10,773
agreement approved under this section, did not commit the 10,775
violation or was not in contempt of court. 10,776
(F)(1) A copy of any protection order, or consent 10,778
agreement, that is issued or approved under this section shall be 10,779
issued by the court to the petitioner, to the respondent, and to 10,780
all law enforcement agencies that have jurisdiction to enforce 10,781
the order or agreement. The court shall direct that a copy of an 10,782
order be delivered to the respondent on the same day that the 10,783
order is entered. 10,784
(2) All law enforcement agencies shall establish and 10,786
248
maintain an index for the protection orders and the approved 10,787
consent agreements delivered to the agencies pursuant to division 10,788
(F)(1) of this section. With respect to each order and consent 10,789
agreement delivered, each agency shall note on the index the date 10,791
and time that it received the order or consent agreement.
(3) Regardless of whether the petitioner has registered 10,793
the order or agreement in the county in which the officer's 10,794
agency has jurisdiction pursuant to division (N) of this section, 10,795
any officer of a law enforcement agency shall enforce a 10,797
protection order issued or consent agreement approved by any
court in this state in accordance with the provisions of the 10,799
order or agreement, including removing the respondent from the 10,800
premises, if appropriate.
(G) Any proceeding under this section shall be conducted 10,802
in accordance with the Rules of Civil Procedure, except that an 10,803
order under this section may be obtained with or without bond. 10,804
An order issued under this section, other than an ex parte order, 10,805
that grants a protection order or approves a consent agreement, 10,806
or that refuses to grant a protection order or approve a consent 10,807
agreement, is a final, appealable order. The remedies and 10,808
procedures provided in this section are in addition to, and not 10,810
in lieu of, any other available civil or criminal remedies. 10,811
(H) The filing of proceedings under this section does not 10,813
excuse a person from filing any report or giving any notice 10,814
required by section 2151.421 of the Revised Code or by any other 10,815
law. When a petition under this section alleges domestic 10,816
violence against minor children, the court shall report the fact, 10,817
or cause reports to be made, to a county, township, or municipal 10,818
peace officer under section 2151.421 of the Revised Code. 10,819
(I) Any law enforcement agency that investigates a 10,821
domestic dispute shall provide information to the family or 10,822
household members involved regarding the relief available under 10,823
this section and section 2919.26 of the Revised Code. 10,824
(J) Notwithstanding any provision of law to the contrary, 10,826
249
no court shall charge a fee for the filing of a petition pursuant 10,827
to this section. 10,828
(K)(1) Each order for support made or modified under this 10,830
section shall include as part of the order a general provision, 10,832
as described in division (A)(1) of section 3113.21 of the Revised 10,833
Code, requiring the withholding or deduction of income or assets 10,835
of the obligor under the order as described in division (D) of 10,837
section 3113.21 of the Revised Code or another type of 10,839
appropriate requirement as described in division (D)(3), (D)(4), 10,840
or (H) of that section, to ensure that withholding or deduction 10,843
from the income or assets of the obligor is available from the 10,844
commencement of the support order for collection of the support 10,845
and of any arrearages that occur; a statement requiring all 10,846
parties to the order to notify the child support enforcement 10,847
agency in writing of their current mailing address, current 10,848
residence address, current residence telephone number, current 10,849
driver's license number, and any changes to that information; and 10,850
a notice that the requirement to notify the agency of all changes 10,852
to that information continues until further notice from the 10,854
court. The court shall comply with sections 3113.21 to 3113.219 10,855
CHAPTERS 3119., 3121., 3123., AND 3125. of the Revised Code when 10,857
it makes or modifies an order for child support under this 10,858
section.
(2) If any person required to pay child support under an 10,860
order made under this section on or after April 15, 1985, or 10,861
modified under this section on or after December 31, 1986, is 10,862
found in contempt of court for failure to make support payments 10,863
under the order, the court that makes the finding, in addition to 10,864
any other penalty or remedy imposed, shall assess all court costs 10,865
arising out of the contempt proceeding against the person and 10,866
require the person to pay any reasonable attorney's fees of any 10,867
adverse party, as determined by the court, that arose in relation 10,868
to the act of contempt. 10,869
(2) Notwithstanding section 3109.01 of the Revised Code, 10,871
250
if a court issues a child support order under this section, the 10,872
order shall remain in effect beyond the child's eighteenth 10,873
birthday as long as the child continuously attends on a full-time 10,874
basis any recognized and accredited high school or the order 10,875
provides that the duty of support of the child continues beyond 10,876
the child's eighteenth birthday. Except in cases in which the 10,877
order provides that the duty of support continues for any period 10,878
after the child reaches nineteen years of age, the order shall 10,879
not remain in effect after the child reaches nineteen years of 10,880
age. Any parent ordered to pay support under a child support 10,881
order issued under this section shall continue to pay support 10,882
under the order, including during seasonal vacation periods, 10,883
until the order terminates. 10,884
(L)(1) A person who violates a protection order issued or 10,886
a consent agreement approved under this section is subject to the 10,887
following sanctions: 10,888
(a) Criminal prosecution for a violation of section 10,890
2919.27 of the Revised Code, if the violation of the protection 10,891
order or consent agreement constitutes a violation of that 10,892
section; 10,893
(b) Punishment for contempt of court. 10,895
(2) The punishment of a person for contempt of court for 10,897
violation of a protection order issued or a consent agreement 10,898
approved under this section does not bar criminal prosecution of 10,899
the person for a violation of section 2919.27 of the Revised 10,900
Code. However, a person punished for contempt of court is 10,901
entitled to credit for the punishment imposed upon conviction of 10,902
a violation of that section, and a person convicted of a 10,903
violation of that section shall not subsequently be punished for 10,904
contempt of court arising out of the same activity. 10,905
(M) In all stages of a proceeding under this section, a 10,907
petitioner may be accompanied by a victim advocate. 10,908
(N)(1) A petitioner who obtains a protection order or 10,910
consent agreement under this section or a temporary protection 10,911
251
order under section 2919.26 of the Revised Code may provide 10,912
notice of the issuance or approval of the order or agreement to 10,913
the judicial and law enforcement officials in any county other
than the county in which the order is issued or the agreement is 10,914
approved by registering that order or agreement in the other 10,915
county pursuant to division (N)(2) of this section and filing a 10,916
copy of the registered order or registered agreement with a law 10,917
enforcement agency in the other county in accordance with that 10,918
division. A person who obtains a protection order issued by a
court of another state may provide notice of the issuance of the 10,919
order to the judicial and law enforcement officials in any county 10,920
of this state by registering the order in that county pursuant to 10,921
section 2919.272 of the Revised Code and filing a copy of the 10,922
registered order with a law enforcement agency in that county. 10,923
(2) A petitioner may register a temporary protection 10,925
order, protection order, or consent agreement in a county other 10,926
than the county in which the court that issued the order or 10,927
approved the agreement is located in the following manner: 10,928
(a) The petitioner shall obtain a certified copy of the 10,930
order or agreement from the clerk of the court that issued the 10,931
order or approved the agreement and present that certified copy 10,932
to the clerk of the court of common pleas or the clerk of a 10,933
municipal court or county court in the county in which the order 10,934
or agreement is to be registered. 10,935
(b) Upon accepting the certified copy of the order or 10,937
agreement for registration, the clerk of the court of common 10,938
pleas, municipal court, or county court shall place an 10,939
endorsement of registration on the order or agreement and give 10,940
the petitioner a copy of the order or agreement that bears that 10,941
proof of registration. 10,942
(3) The clerk of each court of common pleas, the clerk of 10,944
each municipal court, and the clerk of each county court shall 10,945
maintain a registry of certified copies of temporary protection 10,946
orders, protection orders, or consent agreements that have been 10,947
252
issued or approved by courts in other counties and that have been 10,948
registered with the clerk. 10,949
(4) If a petitioner who obtains a protection order or 10,951
consent agreement under this section or a temporary protection 10,952
order under section 2919.26 of the Revised Code wishes to 10,953
register the order or agreement in any county other than the 10,954
county in which the order was issued or the agreement was
approved, pursuant to divisions (N)(1) to (3) of this section, 10,955
and if the petitioner is indigent, both of the following apply: 10,956
(a) If the petitioner submits to the clerk of the court 10,958
that issued the order or approved the agreement satisfactory 10,959
proof that the petitioner is indigent, the clerk may waive any 10,960
fee that otherwise would be required for providing the petitioner 10,961
with a certified copy of the order or agreement to be used for
purposes of divisions (N)(1) to (3) of this section; 10,962
(b) If the petitioner submits to the clerk of the court of 10,964
common pleas or the clerk of a municipal court or county court in 10,965
the county in which the order or agreement is to be registered 10,967
satisfactory proof that the petitioner is indigent, the clerk may 10,968
waive any fee that otherwise would be required for accepting for
registration a certified copy of the order or agreement, for 10,969
placing an endorsement of registration on the order or agreement, 10,970
or for giving the petitioner a copy of the order or agreement 10,971
that bears the proof of registration. 10,972
Sec. 3113.99. (A) For purposes of this section: 10,981
(1) "Child support order" means an order for support 10,983
issued or modified under Chapter 3115. or section 2151.23, 10,984
2151.231, 2151.232, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 10,986
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 10,987
Code.
(2) "Obligor" means a person who is required to pay 10,989
support under a child support order. 10,990
(B) Whoever violates section 3113.06 of the Revised Code 10,992
is guilty of a misdemeanor of the first degree. If the offender 10,993
253
previously has been convicted of or pleaded guilty to a violation 10,994
of section 3113.06 of the Revised Code or if the court finds that 10,995
the offender has failed to pay the cost of child maintenance 10,996
under section 3113.06 of the Revised Code for a total accumulated 10,997
period of twenty-six weeks out of one hundred four consecutive 10,998
weeks, whether or not the twenty-six weeks were consecutive, a
violation of section 3113.06 of the Revised Code is a felony of 10,999
the fifth degree. 11,000
(C) An obligor who violates division (D)(1)(c) of section 11,003
3113.21 of the Revised Code shall be fined not more than fifty 11,004
dollars for a first offense, not more than one hundred dollars 11,005
for a second offense, and not more than five hundred dollars for 11,006
each subsequent offense.
(D) An obligor who violates division (G)(2) of section 11,008
3113.21 of the Revised Code shall be fined not more than fifty 11,009
dollars for a first offense, not more than one hundred dollars 11,011
for a second offense, and not more than five hundred dollars for 11,012
each subsequent offense.
(E) A fine amount imposed pursuant to division (C) or (D) 11,015
of this section shall be paid to the division of child support in 11,016
the department of job and family services or, pursuant to 11,018
division (H)(4) of section 2301.35 of the Revised Code, the child 11,019
support enforcement agency. The amount of the fine that does not 11,022
exceed the amount of arrearage under the child support order 11,023
shall be disbursed in accordance with the child support order. 11,024
The amount of the fine that exceeds the amount of the arrearage
order shall be called program income and collected in accordance 11,026
with section 5101.325 of the Revised Code. 11,027
Sec. 3115.01. As used in sections 3115.01 to 3115.59 of 11,036
the Revised Code:
(A) "Child" means an individual under the age of majority, 11,038
who is or is alleged to be owed a duty of support by the 11,039
individual's parent or who is or is alleged to be the beneficiary 11,040
of a support order directed to the parent. 11,041
254
(B) "Child support order" means an order for the support 11,043
of a child that provides for monetary support, whether current or 11,044
in arrears, health care, or reimbursements, and may include 11,045
related costs and fees, interest, income withholding 11,046
requirements, attorney fees, and other relief. "Child support 11,047
order" includes orders:
(1) AN ORDER under which the child has attained the age of 11,050
majority under the law of the issuing state and AMOUNTS FOR
CURRENT SUPPORT ARE REQUIRED TO BE PAID, OR arrearages are owed, 11,051
under the order; 11,052
(2) AN ORDER UNDER WHICH THE CHILD HAS ATTAINED THE AGE OF 11,054
MAJORITY UNDER THE LAWS OF THIS STATE BUT HAS NOT ATTAINED THE 11,055
AGE OF MAJORITY UNDER THE LAWS OF THE ISSUING STATE AND AMOUNTS 11,056
FOR CURRENT SUPPORT ARE REQUIRED TO BE PAID, OR ARREARAGES ARE 11,057
OWED, UNDER THE ORDER.
(C) "Duty of support" means an obligation imposed or that 11,059
may be imposed under law to provide support for a child, spouse, 11,060
or former spouse, including an unsatisfied obligation to provide 11,061
support.
(D) "Home state" means the state in which a child lived 11,063
with a parent or a person acting as a parent for at least six 11,064
consecutive months immediately preceding the time of filing of a 11,065
complaint or comparable pleading for support and, if a child is 11,066
less than six months old, the state in which the child lived from 11,067
birth with any of them. A period of temporary absence of any of 11,068
them is counted as part of the six-month or other period.
(E) "Income" includes earnings or other periodic 11,070
entitlements to money from any source and any other property 11,071
subject to withholding for support under the law of this state. 11,072
(F) "Income withholding order" means an order or other 11,074
legal process directed to an obligor's payor, as defined in 11,075
sections 3111.20 and 3113.21 of the Revised Code, to withhold 11,077
support from the income of the obligor. 11,078
(G) "Initiating state" means a state from which a 11,080
255
proceeding is forwarded or in which a proceeding is filed for 11,081
forwarding to a responding state under sections 3115.01 to 11,082
3115.59 of the Revised Code or a law or procedure substantially 11,084
similar to those sections, the uniform reciprocal enforcement of
support act, or the revised uniform reciprocal enforcement of 11,085
support act.
(H) "Initiating tribunal" means the authorized tribunal in 11,087
an initiating state. 11,088
(I) "Issuing state" means the state in which a tribunal 11,090
issues a support order or renders a judgment determining 11,091
parentage.
(J) "Issuing tribunal" means the tribunal that issues a 11,093
support order or renders a judgment determining the existence or 11,094
nonexistence of a parent and child relationship. 11,095
(K) "Law" includes decisional and statutory law and rules 11,097
and regulations having the force of law. 11,098
(L) "Obligee" means any of the following: 11,100
(1) An individual to whom a duty of support is or is 11,102
alleged to be owed or in whose favor a support order has been 11,103
issued or a judgment determining parentage has been rendered; 11,104
(2) A state or political subdivision to which the rights 11,106
under a duty of support or support order have been assigned or 11,107
which has independent claims based on financial assistance 11,108
provided to an individual obligee;
(3) An individual seeking a judgment determining parentage 11,110
of the individual's child. 11,111
(M) "Obligor" means an individual, or the estate of a 11,113
decedent to which any of the following applies: 11,114
(1) The individual or estate owes or is alleged to owe a 11,116
duty of support;
(2) The individual is alleged but has not been adjudicated 11,118
to be a parent of a child; 11,119
(3) The individual or estate is liable under a support 11,121
order.
256
(N) "PAYOR" HAS THE SAME MEANING AS IN SECTION 3121.01 OF 11,123
THE REVISED CODE. 11,124
(O) "Register" means to file a support order or judgment 11,126
determining the existence or nonexistence of a parent and child 11,127
relationship in a registering tribunal. 11,128
(O)(P) "Registering tribunal" means a tribunal in which a 11,130
support order is registered. 11,132
(P)(Q) "Responding state" means a state in which a 11,134
proceeding is filed or to which a proceeding is forwarded for 11,136
filing from an initiating state under sections 3115.01 to 3115.59 11,137
of the Revised Code or a law or procedure substantially similar 11,139
to those sections, the uniform reciprocal enforcement of support 11,140
act, or the revised uniform reciprocal enforcement of support
act.
(Q)(R) "Responding tribunal" means the authorized tribunal 11,142
in a responding state. 11,144
(R)(S) "Revised uniform reciprocal enforcement of support 11,146
act" means the act addressing interstate enforcement of support 11,148
orders adopted in 1968 by the national conference of 11,149
commissioners on uniform state laws or any law substantially 11,150
similar to the act adopted by another state. 11,151
(S)(T) "Spousal support order" means an order for the 11,153
support of a spouse or former spouse that provides for monetary 11,155
support, whether current or in arrears, health care, or 11,156
reimbursements, and may include related costs and fees, interest, 11,157
income withholding requirements, attorney fees, and other relief. 11,158
(T)(U) "State" has the same meaning as in section 1.59 of 11,160
the Revised Code, except that it also includes both of the 11,162
following:
(1) An Indian tribe; 11,164
(2) A foreign jurisdiction that has enacted a law or 11,166
established procedures for issuance and enforcement of support 11,167
orders that are substantially similar to the procedures under 11,168
sections 3115.01 to 3115.59 of the Revised Code, the uniform 11,169
257
reciprocal enforcement of support act, or the revised uniform 11,170
reciprocal enforcement of support act.
(U)(V) "Support enforcement agency" means a public 11,172
official or agency authorized to do any of the following: 11,174
(1) Seek enforcement of support orders or laws relating to 11,176
the duty of support; 11,177
(2) Seek establishment or modification of child support; 11,179
(3) Seek determination of the existence or nonexistence of 11,181
a parent and child relationship; 11,182
(4) Locate obligors or their assets. 11,184
(V)(W) "Support order" means a spousal support order or 11,186
child support order. 11,187
(W)(X) "Tribunal" means any trial court of record of this 11,189
state and when the context requires, a court, administrative 11,190
agency, or quasi-judicial entity of any other state authorized to 11,192
establish, enforce, or modify support orders or to determine 11,193
parentage.
(X)(Y) "Uniform reciprocal enforcement of support act" 11,195
means the act addressing interstate enforcement of support orders 11,197
adopted in 1950 and amended in 1952 and 1958 by the national 11,198
conference of commissioners on uniform state laws or any law 11,200
substantially similar to the act adopted by another state.
Sec. 3115.03. In a proceeding to establish, enforce, or 11,209
modify a support order or to determine the existence or 11,210
nonexistence of a parent and child relationship, a tribunal OR 11,211
SUPPORT ENFORCEMENT AGENCY of this state may exercise personal 11,213
jurisdiction over a nonresident individual if any of the
following is the case: 11,214
(A) The individual is personally served with summons 11,217
within this state;
(B) The individual submits to the jurisdiction of this 11,219
state by consent, by entering a general appearance, or by filing 11,220
a responsive pleading or other document having the effect of 11,221
waiving any contest to personal jurisdiction; 11,223
258
(C) The individual resided with the child in this state; 11,225
(D) The individual resided in this state and provided 11,227
prenatal expenses or support for the child; 11,228
(E) The child resides in this state as a result of the 11,230
acts or directives of the individual; 11,231
(F) The individual engaged in sexual intercourse in this 11,233
state and the child may have been conceived by that act of 11,234
intercourse; 11,235
(G) The individual registered in the putative father 11,238
registry maintained pursuant to section 3107.062 of the Revised
Code;
(H) There is any other basis for the state to exercise 11,242
personal jurisdiction over the individual.
Sec. 3115.04. A tribunal OR SUPPORT ENFORCEMENT AGENCY of 11,250
this state exercising personal jurisdiction over a nonresident 11,252
under section 3115.03 of the Revised Code may apply section
3115.27 of the Revised Code to obtain evidence from another state 11,254
and section 3115.29 of the Revised Code to obtain discovery 11,255
through a tribunal of another state. In all other respects, 11,256
sections 3115.12 to 3115.52 of the Revised Code are not
applicable and the tribunal OR SUPPORT ENFORCEMENT AGENCY shall 11,258
apply the procedural and substantive law of this state, including 11,260
the rules on choice of law other than those established by 11,261
sections 3115.01 to 3115.59 of the Revised Code.
Sec. 3115.05. Under sections 3115.01 to 3115.59 of the 11,270
Revised Code, a tribunal OR SUPPORT ENFORCEMENT AGENCY of this 11,271
state may serve as an initiating tribunal to forward proceedings 11,273
to another state and as a responding tribunal for proceedings 11,274
initiated in another state. 11,275
Sec. 3115.08. (A) A tribunal OR SUPPORT ENFORCEMENT 11,284
AGENCY of this state may serve as an initiating tribunal to 11,287
request a tribunal of another state to enforce or modify a 11,288
support order issued in that state.
(B) A tribunal of this state having continuing, exclusive 11,290
259
jurisdiction over a support order may act as a responding 11,291
tribunal to enforce or modify the order. If a party subject to 11,292
the continuing, exclusive jurisdiction of the tribunal no longer 11,293
resides in the issuing state, in subsequent proceedings the 11,294
tribunal may apply section 3115.27 of the Revised Code to obtain 11,296
evidence from another state and section 3115.29 of the Revised 11,297
Code to obtain discovery through a tribunal of another state. 11,298
(C) A tribunal of this state that lacks continuing, 11,300
exclusive jurisdiction over a spousal support order may not serve 11,302
as a responding tribunal to modify a spousal support order of 11,303
another state.
Sec. 3115.09. (A) If a proceeding is brought under 11,312
sections 3115.01 to 3115.59 of the Revised Code, and only one 11,313
SUPPORT ENFORCEMENT AGENCY OF THIS STATE OR tribunal has issued a 11,315
child support order, the order of that AGENCY OR tribunal shall 11,316
be recognized as controlling.
(B) If a proceeding is brought under sections 3115.01 to 11,318
3115.59 of the Revised Code, and two or more child support orders 11,320
have been issued by tribunals of this state or another state with 11,321
regard to the same obligor and child, a tribunal of this state 11,322
shall do the following:
(1) If only one of the tribunals would have continuing, 11,324
exclusive jurisdiction, recognize the child support order of that 11,326
tribunal as controlling.
(2) If more than one of the tribunals would have 11,328
continuing, exclusive jurisdiction, recognize the child support 11,329
order issued by the tribunal in the current home state of the 11,331
child as controlling, but if a child support order has not been 11,332
issued in the current home state of the child, recognize the 11,333
child support order most recently issued as controlling. 11,335
(3) If none of the tribunals would have continuing, 11,337
exclusive jurisdiction, the tribunal of this state having 11,338
jurisdiction over the parties shall issue its own child support 11,340
order which shall be controlling.
260
(C) If two or more child support orders have been issued 11,342
for the same obligor and child and the obligor or the individual 11,343
obligee resides in this state, a party may request a tribunal of 11,344
this state to determine which order to recognize as controlling 11,345
pursuant to division (B) of this section. The request must be 11,346
accompanied by a certified copy of every support order in effect. 11,348
The requesting party shall give notice of the request to each 11,349
party whose rights may be affected by the determination.
(D) The tribunal that issued the controlling child support 11,351
order under division (A), (B), or (C) of this section is the 11,353
tribunal that has continuing, exclusive jurisdiction under 11,355
section 3115.07 of the Revised Code.
(E) A tribunal of this state that determines by order the 11,357
identity of the controlling child support order under division 11,358
(B)(1) or (2) of this section or that issues a new controlling 11,359
child support order under division (B)(3) of this section shall 11,360
state in the order or child support order the basis upon which 11,361
the tribunal made its determination.
(F) Within thirty days after issuance of an order 11,363
recognizing the controlling child support order or a new 11,364
controlling child support order, the party obtaining the order 11,366
shall file a certified copy of it with each tribunal that issued 11,367
or registered an earlier child support order. A party who 11,368
obtains the order and fails to file a certified copy is subject 11,369
to appropriate sanctions by a tribunal in which the issue of 11,370
failure to file arises. The failure to file does not affect the 11,371
validity or enforceability of the controlling order.
Sec. 3115.11. Amounts collected and credited for a 11,380
particular period pursuant to a support order issued by a 11,381
tribunal of another state must be credited against the amounts 11,382
accruing or accrued for the same period under a support order 11,383
covering the same parties for the same duty of support issued by 11,384
the tribunal OR SUPPORT ENFORCEMENT AGENCY of this state. 11,385
Sec. 3115.14. Except as otherwise provided by sections 11,394
261
3115.01 to 3115.59 of the Revised Code, a responding tribunal of 11,396
this state shall apply the procedural and substantive law, 11,397
including the rules on choice of law, generally applicable to 11,398
similar proceedings originating in this state and may exercise 11,399
all powers and provide all remedies available in those 11,400
proceedings and shall determine the duty of support and the 11,402
amount of support payable in accordance with sections 3113.21 to 11,403
3113.219 and sections 3115.01 to 3115.59 AND CHAPTERS 3119., 11,404
3121., 3123., AND 3125. of the Revised Code. 11,406
Sec. 3115.16. (A) When a responding tribunal of this 11,415
state receives a complaint or comparable pleading from an 11,417
initiating tribunal or directly pursuant to section 3115.12 of 11,418
the Revised Code, it shall cause the complaint or pleading to be 11,419
filed and notify the plaintiff where and when it was filed. 11,420
(B) A responding tribunal of this state, to the extent 11,422
otherwise authorized by law, may do one or more of the following 11,424
consistent with applicable sections of Chapters 3105., 3109., 11,425
3111., and 3113., 3119., 3121., 3123., AND 3125. of the Revised 11,427
Code:
(1) Issue or enforce a support order, modify a child 11,429
support order, or determine the existence or nonexistence of a 11,430
parent and child relationship; 11,431
(2) Order an obligor to comply with a support order, 11,433
specifying the amount and the manner of compliance; 11,434
(3) Order income withholding; 11,436
(4) Determine the amount of any arrearages, and specify a 11,438
method of payment; 11,439
(5) Enforce orders by civil or criminal contempt, or both; 11,441
(6) Set aside property for satisfaction of the support 11,443
order; 11,444
(7) Place liens and order execution on the obligor's 11,446
property; 11,447
(8) Order an obligor to keep the SUPPORT ENFORCEMENT 11,449
AGENCY OF THIS STATE OR THE tribunal informed of the obligor's 11,451
262
current residential address, telephone number, employer, address 11,452
of employment, and telephone number at the place of employment; 11,453
(9) Issue a bench warrant for an obligor who has failed 11,456
after proper notice to appear at a hearing ordered by the
tribunal and enter the bench warrant in any local and state 11,458
computer systems for criminal warrants;
(10) Order the obligor to seek appropriate employment by 11,460
specified methods; 11,461
(11) Award reasonable attorney's fees and other fees and 11,463
costs; 11,464
(12) Grant any other available remedy. 11,466
(C) A responding tribunal OR SUPPORT ENFORCEMENT AGENCY of 11,468
this state shall include in a support order issued under sections 11,470
3115.01 to 3115.59 of the Revised Code, or in the documents 11,472
accompanying the order, the calculations on which the support 11,473
order is based. 11,474
(D) A responding tribunal of this state may not condition 11,476
the payment of a support order issued under sections 3115.01 to 11,477
3115.59 of the Revised Code upon compliance by a party with 11,480
provisions for PARENTING TIME OR visitation.
(E) If a responding tribunal OR SUPPORT ENFORCEMENT AGENCY 11,482
of this state issues an order under sections 3115.01 to 3115.59 11,484
of the Revised Code, the tribunal OR SUPPORT ENFORCEMENT AGENCY 11,485
shall send a copy of the order to the plaintiff and the defendant 11,487
and to the initiating tribunal, if any. 11,488
Sec. 3115.17. If a complaint or comparable pleading is 11,497
received by an inappropriate tribunal OR SUPPORT ENFORCEMENT 11,498
AGENCY of this state, the tribunal OR SUPPORT ENFORCEMENT AGENCY 11,499
shall forward the pleading and accompanying documents to an 11,500
appropriate tribunal OR SUPPORT ENFORCEMENT AGENCY in this state 11,502
or THE APPROPRIATE TRIBUNAL OF another state and notify the 11,503
plaintiff where and when the pleading was sent. 11,504
Sec. 3115.28. A tribunal OR SUPPORT ENFORCEMENT AGENCY of 11,513
this state may communicate with a tribunal of another state in 11,515
263
writing, or by telephone or other means, to obtain information 11,516
concerning the laws of that state, the legal effect of a 11,517
judgment, decree, or order of that tribunal, and the status of a 11,518
proceeding in the other state. A tribunal OR SUPPORT ENFORCEMENT 11,519
AGENCY of this state may furnish similar information by similar 11,520
means to a tribunal of another state. 11,521
Sec. 3115.31. (A) If a support order entitled to 11,530
recognition under sections 3115.01 to 3115.59 of the Revised Code 11,532
has not been issued, a responding tribunal of this state may 11,535
issue a support order if either of the following apply:
(1) The individual seeking the order resides in another 11,537
state; 11,538
(2) The support enforcement agency seeking the order is 11,540
located in another state. 11,541
(B) The tribunal may issue a temporary child support order 11,543
if any of the following apply: 11,544
(1) The defendant has signed a verified statement 11,546
acknowledging that the defendant is the parent of the child; 11,547
(2) The defendant has been determined by or pursuant to 11,549
law to be the parent; 11,550
(3) There is other clear and convincing evidence that the 11,552
defendant is the child's parent. 11,553
(C)(1) If the responding tribunal finds, after giving 11,555
notice and an opportunity to be heard to the obligor, that the 11,556
obligor owes a duty of support, it shall issue a support order 11,557
directed to the obligor and may issue any other order under 11,559
section 3115.16 of the Revised Code. Support orders made 11,560
pursuant to sections 3115.01 to 3115.59 of the Revised Code shall 11,562
require that payments be made to the division OFFICE of child 11,563
support in the department of job and family services. 11,565
(2) The responding tribunal shall transmit to the 11,567
initiating tribunal a copy of all orders of support or for 11,568
reimbursement of support. 11,569
(3) Each order for support made or modified under section 11,572
264
3115.16 of the Revised Code, this section, and former section 11,573
3115.22 of the Revised Code on or after December 31, 1993, shall 11,577
include as part of the order a general provision, as described in 11,578
division (A)(1) of section 3113.21 of the Revised Code, requiring 11,579
the withholding or deduction of income or assets of the obligor 11,580
under the order as described in division (D) of section 3113.21 11,581
of the Revised Code or another type of appropriate requirement as 11,582
described in division (D)(3), (D)(4), or (H) of that section, to 11,583
ensure that withholding or deduction from the income or assets of 11,585
the obligor is available from the commencement of the support 11,586
order for collection of the support and of any arrearages that 11,587
occur; a statement requiring all parties to the order to notify 11,588
the support enforcement agency in writing of their current 11,589
mailing address, current residence address, current residence 11,590
telephone number, current driver's license number, and any 11,591
changes to that information; and a notice that the requirement to 11,592
notify the agency of all changes to that information continues 11,594
until further notice from the tribunal. Any tribunal that makes 11,596
or modifies an order for support under this section or former 11,597
section 3115.22 of the Revised Code on or after April 12, 1990, 11,599
shall comply with sections 3113.21 to 3113.219 CHAPTERS 3119., 11,600
3121., 3123., AND 3125. of the Revised Code. If any person 11,602
required to pay child support under an order made under this 11,603
section or former section 3115.22 of the Revised Code on or after 11,604
April 15, 1985, or any person required to pay support under an 11,606
order made or modified under this section or former section 11,607
3115.22 of the Revised Code on or after December 31, 1986, is 11,609
found in contempt of court for failure to make support payments 11,610
under the order, the tribunal that makes the finding, in addition 11,611
to any other penalty or remedy imposed, shall assess all court 11,612
costs arising out of the contempt proceeding against the person 11,613
and require the person to pay any reasonable attorney's fees of 11,614
any adverse party, as determined by the tribunal, that arose in 11,615
relation to the act of contempt. 11,616
265
Sec. 3115.32. An income withholding order issued in 11,625
another state may be sent to the individual or entity defined as 11,626
the obligor's payor under sections 3111.20 and 3113.21 of the 11,629
Revised Code without first filing a complaint or comparable 11,631
pleading or registering the order with a tribunal OR SUPPORT 11,632
ENFORCEMENT AGENCY of this state.
Sec. 3115.33. (A) Upon receipt of an income withholding 11,641
order, the obligor's employer PAYOR shall immediately provide a 11,643
copy of the order to the obligor. 11,645
(B) The employer PAYOR shall treat an income withholding 11,647
order issued in another state which appears regular on its face 11,648
as if it had been issued by a tribunal OR SUPPORT ENFORCEMENT 11,649
AGENCY of this state. 11,650
(C) Except as otherwise provided in division (D) of this 11,652
section and section 3115.34 of the Revised Code, the employer 11,654
PAYOR shall withhold and distribute the funds as directed in the 11,656
withholding order by complying with terms of the order that 11,657
specify:
(1) The duration and amount of periodic payments of 11,659
support, stated as a sum certain; 11,660
(2) The person or agency designated to receive payments 11,662
and the address to which the payments are to be forwarded; 11,663
(3) Medical support, whether in the form of periodic cash 11,665
payment, stated as a sum certain, or ordering the obligor to 11,666
provide health insurance coverage under a policy available 11,668
through the obligor's employment PAYOR;
(4) The amount of periodic payments of fees and costs for 11,670
a support enforcement agency, the issuing tribunal, and the 11,671
obligee's attorney, stated as a sum certain; 11,672
(5) The amount of periodic payments of arrearages and 11,674
interest on arrearages, stated as a sum certain. 11,675
(D) An employer A PAYOR shall comply with the law of the 11,677
state of the obligor's principal place of employment, IF THE 11,679
PAYOR IS THE OBLIGOR'S EMPLOYER, OR THE PAYOR'S PRINCIPAL PLACE 11,680
266
OF BUSINESS, IN ALL OTHER CASES, for withholding from income with 11,682
respect to all of the following:
(1) The employer's PAYOR'S fee for processing an income 11,684
withholding order; 11,686
(2) The maximum amount permitted to be withheld from the 11,688
obligor's income; 11,689
(3) The times within which the employer PAYOR must 11,691
implement the withholding order and forward the support payment. 11,693
Sec. 3115.34. If an obligor's employer PAYOR receives 11,702
multiple income withholding orders with respect to the earnings 11,704
of the same obligor, the employer PAYOR satisfies the terms of 11,705
the multiple orders if the employer PAYOR complies with the law 11,706
of the state of the obligor's principal place of employment, IF 11,708
THE PAYOR IS THE OBLIGOR'S EMPLOYER, OR THE PAYOR'S PRINCIPAL 11,709
PLACE OF BUSINESS, IN ALL OTHER CASES, to establish the 11,710
priorities for withholding and allocating income withheld for 11,711
multiple support obligees. 11,712
Sec. 3115.35. An employer A PAYOR who complies with an 11,721
income withholding order issued in another state in accordance 11,723
with sections 3115.32 to 3115.37 of the Revised Code is not 11,725
subject to civil liability to an individual or agency with regard 11,726
to the employer's PAYOR'S withholding of support from the
obligor's income pursuant to the support order. 11,727
Sec. 3115.36. An employer A PAYOR who willfully fails to 11,736
comply with an income withholding order issued by another state 11,738
and received for enforcement is subject to the same penalties 11,739
that may be imposed for noncompliance with an order issued by a 11,740
tribunal OR SUPPORT ENFORCEMENT AGENCY of this state. 11,741
Sec. 3115.37. (A) If a person designated as an obligor 11,750
under an income withholding order issued in another state and 11,751
received directly by an employer A PAYOR in this state believes 11,753
that the person is not subject to a support order or does not 11,755
have a duty of support under any order issued by any tribunal 11,756
pursuant to which the income withholding order was issued, the
267
person may CONTACT THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT 11,758
OF JOB AND FAMILY SERVICES AND REQUEST THAT THE OFFICE 11,759
INVESTIGATE WHETHER THE PERSON IS SUBJECT TO SUCH A SUPPORT ORDER 11,760
OR HAS SUCH A DUTY OF SUPPORT. NOT LATER THAN FIFTEEN DAYS AFTER 11,761
THE DATE THE REQUEST IS MADE, THE OFFICE SHALL CONDUCT THE 11,762
INVESTIGATION AND NOTIFY THE PERSON OF ITS DETERMINATION. IF THE 11,763
OFFICE DETERMINES THAT THE PERSON IS SUBJECT TO A SUPPORT ORDER 11,764
OR DOES HAVE A DUTY OF SUPPORT UNDER ANY ORDER ISSUED BY ANY 11,765
TRIBUNAL PURSUANT TO WHICH THE INCOME WITHHOLDING ORDER WAS 11,766
ISSUED, THE PERSON MAY contest the validity or enforcement of the 11,769
income withholding order by filing an action for declaratory 11,770
judgment pursuant to Chapter 2721. of the Revised Code in the
JUVENILE court of common pleas OR OTHER COURT WITH JURISDICTION 11,772
UNDER SECTION 2101.022 OR 2301.03 OF THE REVISED CODE in the 11,773
county in which is located the employer's PAYOR'S principal place 11,774
of business requesting that the court determine whether the 11,775
person is the obligor subject to a support order or has a duty of 11,776
support under a support order pursuant to which the income 11,777
withholding order was issued.
(B) The obligor shall give notice of the action initiated 11,779
pursuant to Chapter 2721. of the Revised Code to all of the 11,780
following:
(1) A support enforcement agency providing services to the 11,782
obligee; 11,783
(2) Each employer PAYOR that has directly received an 11,785
income withholding order; 11,786
(3) The person or agency designated to receive payments in 11,788
the income withholding order or, if no person or agency is 11,789
designated, the obligee. 11,790
(C) Notwithstanding sections 3115.32 to 3115.36 of the 11,792
Revised Code, if the OFFICE DETERMINES, OR THE court issues an 11,793
order determining, that the person is not an obligor subject to a 11,795
support order or does not have a duty of support under a support
order pursuant to which the income withholding order was issued, 11,796
268
the employer PAYOR shall not enforce the income withholding order 11,798
against the person.
Sec. 3115.42. (A) When a support order or income 11,807
withholding order issued in another state is registered, 11,809
immediately on registration the registering tribunal shall send 11,811
notice to the nonregistering party of the registration. The
notice must be accompanied by a copy of the registered order and 11,813
the documents and relevant information described in division (A) 11,814
of section 3115.39 of the Revised Code.
(B) The notice must inform the nonregistering party of all 11,816
of the following: 11,817
(1) That a registered order that is confirmed pursuant to 11,819
section 3115.43 or 3115.44 of the Revised Code is enforceable as 11,820
of the date of registration in the same manner as an order issued 11,821
by a tribunal of this state; 11,822
(2) That a hearing to contest the validity or enforcement 11,824
of the registered order must be requested pursuant to section 11,825
3115.43 of the Revised Code no later than twenty days after the 11,827
date of mailing or personal service of the notice;
(3) That failure to contest the validity or enforcement of 11,829
the registered order in a timely manner will result in 11,830
confirmation of the order and enforcement of the order and the 11,831
alleged arrearages and precludes further contest of that order 11,832
with respect to any matter that could have been asserted; 11,833
(4) The amount of any alleged arrearages under the support 11,835
order.
(C) On registration of an income withholding order for 11,837
enforcement, the registering tribunal OR A SUPPORT ENFORCEMENT 11,838
AGENCY OF THIS STATE shall issue a withholding notice to the 11,839
obligor's employer PAYOR pursuant to sections 3113.21 to 3113.219 11,840
CHAPTER 3121. of the Revised Code. 11,841
Sec. 3115.49. A tribunal OR SUPPORT ENFORCEMENT AGENCY of 11,850
this state shall recognize a modification of its earlier child 11,852
support order by a tribunal of another state that assumed 11,853
269
jurisdiction pursuant to a law adopted by the other state that is
substantially similar to sections 3115.01 to 3115.59 of the 11,854
Revised Code and, upon request, except as otherwise provided in 11,857
sections 3115.01 to 3115.59 of the Revised Code, shall do all of 11,858
the following, AS APPROPRIATE: 11,859
(A) Enforce collection of support amounts accruing before 11,862
the modification of the order;
(B) Enforce only nonmodifiable aspects of that order; 11,864
(C) Provide other appropriate relief only for violations 11,866
of that order that occurred before the effective date of the 11,867
modification; 11,868
(D) Recognize the modifying order of the other state, upon 11,870
registration, for the purpose of enforcement. 11,871
Sec. 3115.52. (A) A tribunal OR SUPPORT ENFORCEMENT 11,880
AGENCY of this state may serve as an initiating or responding 11,883
tribunal in a proceeding brought under sections 3115.01 to
3115.59 of the Revised Code or a law or procedure substantially 11,885
similar to those sections, the uniform reciprocal enforcement of 11,886
support act, or the revised uniform reciprocal enforcement of 11,887
support act to determine the existence or nonexistence of a 11,888
parent and child relationship with respect to the parties. 11,889
(B) In a proceeding pursuant to division (A) of this 11,891
section, a responding tribunal of this state shall comply with 11,893
sections 3111.01 to 3111.19 CHAPTER 3111. of the Revised Code and 11,895
the rules of this state on choice of law. 11,897
Sec. 3115.56. (A) If this state is the responding state, 11,907
a complaint seeking enforcement, collection, or modification of 11,908
an existing support order originally issued in this state shall 11,909
be filed with the tribunal or child support enforcement agency 11,910
that issued the original order.
(B) An original action under this chapter shall be filed 11,913
with the appropriate tribunal of the county pursuant to sections 11,914
2151.23 and 2301.03 of the Revised Code in which the respondent 11,915
resides or is found. 11,916
270
(C) If an obligor contesting the direct withholding of 11,918
income under section 3115.37 of the Revised Code is not a 11,920
resident of this state, the complaint shall be filed with the 11,921
appropriate tribunal located in either of the following: 11,922
(1) The county in which the obligor's employer PAYOR is 11,924
located, if the order attaches to the income of the obligor paid 11,925
by the employer PAYOR; 11,926
(2) The county in which an account is located in a 11,928
financial institution, if the income withholding order attaches 11,929
the funds in that account. 11,930
If venue cannot be determined under division (C)(1) or (2) 11,933
of this section, the nonresident obligor shall file the complaint 11,934
with a tribunal located in a county of this state that borders 11,935
the obligor's county of residence or in Franklin county. 11,937
Sec. 3119.01. (A) AS USED IN THE REVISED CODE, "CHILD 11,941
SUPPORT ENFORCEMENT AGENCY" MEANS A CHILD SUPPORT ENFORCEMENT 11,942
AGENCY DESIGNATED UNDER FORMER SECTION 2301.35 OF THE REVISED 11,943
CODE PRIOR TO OCTOBER 1, 1997, OR A PRIVATE OR GOVERNMENT ENTITY 11,945
DESIGNATED AS A CHILD SUPPORT ENFORCEMENT AGENCY UNDER SECTION 11,946
307.981 OF THE REVISED CODE. 11,948
(B) AS USED IN THIS CHAPTER AND CHAPTERS 3121., 3123., AND 11,951
3125. OF THE REVISED CODE:
(1) "ADMINISTRATIVE CHILD SUPPORT ORDER" MEANS ANY ORDER 11,953
ISSUED BY A CHILD SUPPORT ENFORCEMENT AGENCY FOR THE SUPPORT OF A 11,955
CHILD PURSUANT TO SECTION 3109.19 OR 3111.81 OF THE REVISED CODE 11,957
OR FORMER SECTION 3111.211 OF THE REVISED CODE, SECTION 3111.21 11,958
OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR TO JANUARY 1, 11,959
1998, OR SECTION 3111.20 OR 3111.22 OF THE REVISED CODE AS THOSE 11,960
SECTIONS EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. 11,961
(2) "CHILD SUPPORT ORDER" MEANS EITHER A COURT CHILD 11,963
SUPPORT ORDER OR AN ADMINISTRATIVE CHILD SUPPORT ORDER. 11,964
(3) "OBLIGEE" MEANS THE PERSON WHO IS ENTITLED TO RECEIVE 11,966
THE SUPPORT PAYMENTS UNDER A SUPPORT ORDER. 11,967
(4) "OBLIGOR" MEANS THE PERSON WHO IS REQUIRED TO PAY 11,969
271
SUPPORT UNDER A SUPPORT ORDER. 11,970
(5) "SUPPORT ORDER" MEANS EITHER AN ADMINISTRATIVE CHILD 11,972
SUPPORT ORDER OR A COURT SUPPORT ORDER. 11,973
(C) AS USED IN THIS CHAPTER: 11,975
(1) "COMBINED GROSS INCOME" MEANS THE COMBINED GROSS 11,977
INCOME OF BOTH PARENTS. 11,978
(2) "COURT CHILD SUPPORT ORDER" MEANS ANY ORDER ISSUED BY 11,980
A COURT FOR THE SUPPORT OF A CHILD PURSUANT TO CHAPTER 3115. OF 11,982
THE REVISED CODE, SECTION 2151.23, 2151.231, 2151.232, 2151.33, 11,983
2151.36, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 11,984
3113.07, 3113.31, 3119.65, 3119.70, OR 3123.07 OF THE REVISED 11,986
CODE, OR DIVISION (B) OF FORMER SECTION 3113.21 OF THE REVISED 11,987
CODE.
(3) "COURT SUPPORT ORDER" MEANS EITHER A COURT CHILD 11,989
SUPPORT ORDER OR AN ORDER FOR THE SUPPORT OF A SPOUSE ISSUED 11,990
PURSUANT TO CHAPTER 3115. OF THE REVISED CODE, SECTION 3105.18, 11,992
3113.31, OR 3123.07 OF THE REVISED CODE, OR DIVISION (B) OF 11,994
FORMER SECTION 3113.21 OF THE REVISED CODE. 11,995
(4) "EXTRAORDINARY MEDICAL EXPENSES" MEANS ANY UNINSURED 11,997
MEDICAL EXPENSES INCURRED FOR A CHILD DURING A CALENDAR YEAR THAT 11,999
EXCEED ONE HUNDRED DOLLARS.
(5) "INCOME" MEANS EITHER OF THE FOLLOWING: 12,001
(a) FOR A PARENT WHO IS EMPLOYED TO FULL CAPACITY, THE 12,003
GROSS INCOME OF THE PARENT; 12,004
(b) FOR A PARENT WHO IS UNEMPLOYED OR UNDEREMPLOYED, THE 12,006
SUM OF THE GROSS INCOME OF THE PARENT AND ANY POTENTIAL INCOME OF 12,008
THE PARENT.
(6) "INSURER" MEANS ANY PERSON AUTHORIZED UNDER TITLE 12,011
XXXIX OF THE REVISED CODE TO ENGAGE IN THE BUSINESS OF INSURANCE 12,012
IN THIS STATE, ANY HEALTH INSURING CORPORATION, AND ANY LEGAL 12,014
ENTITY THAT IS SELF-INSURED AND PROVIDES BENEFITS TO ITS 12,015
EMPLOYEES OR MEMBERS.
(7) "GROSS INCOME" MEANS, EXCEPT AS EXCLUDED IN DIVISION 12,018
(C)(7) OF THIS SECTION, THE TOTAL OF ALL EARNED AND UNEARNED
272
INCOME FROM ALL SOURCES DURING A CALENDAR YEAR, WHETHER OR NOT 12,020
THE INCOME IS TAXABLE, AND INCLUDES INCOME FROM SALARIES, WAGES, 12,022
OVERTIME PAY, AND BONUSES TO THE EXTENT DESCRIBED IN DIVISION (D) 12,023
OF SECTION 3119.05 OF THE REVISED CODE; COMMISSIONS; ROYALTIES; 12,024
TIPS; RENTS; DIVIDENDS; SEVERANCE PAY; PENSIONS; INTEREST; TRUST
INCOME; ANNUITIES; SOCIAL SECURITY BENEFITS, INCLUDING 12,025
RETIREMENT, DISABILITY, AND SURVIVOR BENEFITS THAT ARE NOT 12,026
MEANS-TESTED; WORKERS' COMPENSATION BENEFITS; UNEMPLOYMENT 12,027
INSURANCE BENEFITS; DISABILITY INSURANCE BENEFITS; BENEFITS THAT 12,028
ARE NOT MEANS-TESTED AND THAT ARE RECEIVED BY AND IN THE 12,029
POSSESSION OF THE VETERAN WHO IS THE BENEFICIARY FOR ANY 12,030
SERVICE-CONNECTED DISABILITY UNDER A PROGRAM OR LAW ADMINISTERED 12,031
BY THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS OR VETERANS' 12,033
ADMINISTRATION; SPOUSAL SUPPORT ACTUALLY RECEIVED; AND ALL OTHER 12,034
SOURCES OF INCOME. "GROSS INCOME" INCLUDES INCOME OF MEMBERS OF 12,035
ANY BRANCH OF THE UNITED STATES ARMED SERVICES OR NATIONAL GUARD, 12,036
INCLUDING, AMOUNTS REPRESENTING BASE PAY, BASIC ALLOWANCE FOR 12,037
QUARTERS, BASIC ALLOWANCE FOR SUBSISTENCE, SUPPLEMENTAL 12,038
SUBSISTENCE ALLOWANCE, COST OF LIVING ADJUSTMENT, SPECIALTY PAY, 12,039
VARIABLE HOUSING ALLOWANCE, AND PAY FOR TRAINING OR OTHER TYPES 12,040
OF REQUIRED DRILLS; SELF-GENERATED INCOME; AND POTENTIAL CASH 12,041
FLOW FROM ANY SOURCE. 12,042
"GROSS INCOME" DOES NOT INCLUDE ANY OF THE FOLLOWING: 12,044
(a) BENEFITS RECEIVED FROM MEANS-TESTED GOVERNMENT 12,047
ADMINISTERED PROGRAMS, INCLUDING OHIO WORKS FIRST; PREVENTION, 12,048
RETENTION, AND CONTINGENCY; MEANS-TESTED VETERANS' BENEFITS; 12,049
SUPPLEMENTAL SECURITY INCOME; FOOD STAMPS; DISABILITY ASSISTANCE; 12,050
OR OTHER ASSISTANCE FOR WHICH ELIGIBILITY IS DETERMINED ON THE
BASIS OF INCOME OR ASSETS; 12,051
(b) BENEFITS FOR ANY SERVICE-CONNECTED DISABILITY UNDER A 12,054
PROGRAM OR LAW ADMINISTERED BY THE UNITED STATES DEPARTMENT OF 12,055
VETERANS' AFFAIRS OR VETERANS' ADMINISTRATION THAT ARE NOT 12,057
MEANS-TESTED, THAT HAVE NOT BEEN DISTRIBUTED TO THE VETERAN WHO 12,058
IS THE BENEFICIARY OF THE BENEFITS, AND THAT ARE IN THE 12,059
273
POSSESSION OF THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS 12,061
OR VETERANS' ADMINISTRATION;
(c) CHILD SUPPORT RECEIVED FOR CHILDREN WHO WERE NOT BORN 12,064
OR ADOPTED DURING THE MARRIAGE AT ISSUE; 12,065
(d) AMOUNTS PAID FOR MANDATORY DEDUCTIONS FROM WAGES SUCH 12,068
AS UNION DUES BUT NOT TAXES, SOCIAL SECURITY, OR RETIREMENT IN
LIEU OF SOCIAL SECURITY; 12,069
(e) NONRECURRING OR UNSUSTAINABLE INCOME OR CASH FLOW 12,072
ITEMS;
(f) ADOPTION ASSISTANCE AND FOSTER CARE MAINTENANCE 12,074
PAYMENTS MADE PURSUANT TO TITLE IV-E OF THE "SOCIAL SECURITY 12,076
ACT," 94 STAT. 501, 42 U.S.C.A. 670 (1980), AS AMENDED. 12,077
(8) "NONRECURRING OR UNSUSTAINABLE INCOME OR CASH FLOW 12,079
ITEM" MEANS AN INCOME OR CASH FLOW ITEM THE PARENT RECEIVES IN 12,081
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 12,082
REGULAR BASIS. "NONRECURRING OR UNSUSTAINABLE INCOME OR CASH 12,083
FLOW ITEM" DOES NOT INCLUDE A LOTTERY PRIZE AWARD THAT IS NOT 12,084
PAID IN A LUMP SUM OR ANY OTHER ITEM OF INCOME OR CASH FLOW THAT 12,085
THE PARENT RECEIVES OR EXPECTS TO RECEIVE FOR EACH YEAR FOR A 12,086
PERIOD OF MORE THAN THREE YEARS OR THAT THE PARENT RECEIVES AND 12,087
INVESTS OR OTHERWISE USES TO PRODUCE INCOME OR CASH FLOW FOR A 12,089
PERIOD OF MORE THAN THREE YEARS.
(9)(a) "ORDINARY AND NECESSARY EXPENSES INCURRED IN 12,091
GENERATING GROSS RECEIPTS" MEANS ACTUAL CASH ITEMS EXPENDED BY 12,092
THE PARENT OR THE PARENT'S BUSINESS AND INCLUDES DEPRECIATION 12,094
EXPENSES OF BUSINESS EQUIPMENT AS SHOWN ON THE BOOKS OF A 12,095
BUSINESS ENTITY. 12,096
(b) EXCEPT AS SPECIFICALLY INCLUDED IN "ORDINARY AND 12,098
NECESSARY EXPENSES INCURRED IN GENERATING GROSS RECEIPTS" BY 12,099
DIVISION (C)(9)(a) OF THIS SECTION, "ORDINARY AND NECESSARY 12,101
EXPENSES INCURRED IN GENERATING GROSS RECEIPTS" DOES NOT INCLUDE 12,102
DEPRECIATION EXPENSES AND OTHER NONCASH ITEMS THAT ARE ALLOWED AS 12,103
DEDUCTIONS ON ANY FEDERAL TAX RETURN OF THE PARENT OR THE 12,104
274
PARENT'S BUSINESS. 12,105
(10) "PERSONAL EARNINGS" MEANS COMPENSATION PAID OR 12,107
PAYABLE FOR PERSONAL SERVICES, HOWEVER DENOMINATED, AND INCLUDES 12,109
WAGES, SALARY, COMMISSIONS, BONUSES, DRAWS AGAINST COMMISSIONS, 12,110
PROFIT SHARING, VACATION PAY, OR ANY OTHER COMPENSATION. 12,111
(11) "POTENTIAL INCOME" MEANS BOTH OF THE FOLLOWING FOR A 12,113
PARENT WHO THE COURT PURSUANT TO A COURT SUPPORT ORDER, OR A 12,114
CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT TO AN ADMINISTRATIVE 12,115
CHILD SUPPORT ORDER, DETERMINES IS VOLUNTARILY UNEMPLOYED OR 12,116
VOLUNTARILY UNDEREMPLOYED: 12,117
(a) IMPUTED INCOME THAT THE COURT OR AGENCY DETERMINES THE 12,119
PARENT WOULD HAVE EARNED IF FULLY EMPLOYED AS DETERMINED FROM THE 12,120
FOLLOWING CRITERIA: 12,121
(i) THE PARENT'S PRIOR EMPLOYMENT EXPERIENCE; 12,123
(ii) THE PARENT'S EDUCATION; 12,125
(iii) THE PARENT'S PHYSICAL AND MENTAL DISABILITIES, IF 12,127
ANY;
(iv) THE AVAILABILITY OF EMPLOYMENT IN THE GEOGRAPHIC AREA 12,129
IN WHICH THE PARENT RESIDES; 12,130
(v) THE PREVAILING WAGE AND SALARY LEVELS IN THE 12,132
GEOGRAPHIC AREA IN WHICH THE PARENT RESIDES; 12,133
(vi) THE PARENT'S SPECIAL SKILLS AND TRAINING; 12,135
(vii) WHETHER THERE IS EVIDENCE THAT THE PARENT HAS THE 12,137
ABILITY TO EARN THE IMPUTED INCOME; 12,138
(viii) THE AGE AND SPECIAL NEEDS OF THE CHILD FOR WHOM 12,140
CHILD SUPPORT IS BEING CALCULATED UNDER THIS SECTION; 12,141
(ix) THE PARENT'S INCREASED EARNING CAPACITY BECAUSE OF 12,143
EXPERIENCE; 12,144
(x) ANY OTHER RELEVANT FACTOR. 12,146
(b) IMPUTED INCOME FROM ANY NONINCOME-PRODUCING ASSETS OF 12,148
A PARENT, AS DETERMINED FROM THE LOCAL PASSBOOK SAVINGS RATE OR 12,149
ANOTHER APPROPRIATE RATE AS DETERMINED BY THE COURT OR AGENCY, 12,150
NOT TO EXCEED THE RATE OF INTEREST SPECIFIED IN DIVISION (A) OF 12,151
SECTION 1343.03 OF THE REVISED CODE, IF THE INCOME IS 12,152
275
SIGNIFICANT.
(12) "SCHEDULE" MEANS THE BASIC CHILD SUPPORT SCHEDULE SET 12,154
FORTH IN SECTION 3119.021 OF THE REVISED CODE. 12,155
(13) "SELF-GENERATED INCOME" MEANS GROSS RECEIPTS RECEIVED 12,157
BY A PARENT FROM SELF-EMPLOYMENT, PROPRIETORSHIP OF A BUSINESS, 12,158
JOINT OWNERSHIP OF A PARTNERSHIP OR CLOSELY HELD CORPORATION, AND 12,159
RENTS MINUS ORDINARY AND NECESSARY EXPENSES INCURRED BY THE 12,160
PARENT IN GENERATING THE GROSS RECEIPTS. "SELF-GENERATED INCOME" 12,161
INCLUDES EXPENSE REIMBURSEMENTS OR IN-KIND PAYMENTS RECEIVED BY A 12,162
PARENT FROM SELF-EMPLOYMENT, THE OPERATION OF A BUSINESS, OR 12,163
RENTS, INCLUDING COMPANY CARS, FREE HOUSING, REIMBURSED MEALS, 12,165
AND OTHER BENEFITS, IF THE REIMBURSEMENTS ARE SIGNIFICANT AND 12,166
REDUCE PERSONAL LIVING EXPENSES.
(14) "SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES" MEANS A 12,168
SITUATION IN WHICH THERE IS MORE THAN ONE CHILD WHO IS THE 12,169
SUBJECT OF AN ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES 12,170
AND EACH PARENT IS THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF 12,171
AT LEAST ONE OF THOSE CHILDREN. 12,172
(15) "WORKSHEET" MEANS THE APPLICABLE WORKSHEET THAT IS 12,174
USED TO CALCULATE A PARENT'S CHILD SUPPORT OBLIGATION AS SET 12,176
FORTH IN SECTIONS 3119.022 AND 3119.023 OF THE REVISED CODE.
Sec. 3119.02. IN ANY ACTION IN WHICH A COURT CHILD SUPPORT 12,178
ORDER IS ISSUED OR MODIFIED, IN ANY OTHER PROCEEDING IN WHICH THE 12,180
COURT DETERMINES THE AMOUNT OF CHILD SUPPORT THAT WILL BE ORDERED 12,181
TO BE PAID PURSUANT TO A CHILD SUPPORT ORDER, OR WHEN A CHILD 12,182
SUPPORT ENFORCEMENT AGENCY DETERMINES THE AMOUNT OF CHILD SUPPORT 12,183
THAT WILL BE PAID PURSUANT TO AN ADMINISTRATIVE CHILD SUPPORT 12,184
ORDER, THE COURT OR AGENCY SHALL CALCULATE THE AMOUNT OF THE 12,185
OBLIGOR'S CHILD SUPPORT OBLIGATION IN ACCORDANCE WITH THE BASIC 12,186
CHILD SUPPORT SCHEDULE, THE APPLICABLE WORKSHEET, AND THE OTHER 12,187
PROVISIONS OF SECTIONS 3119.02 TO 3119.24 OF THE REVISED CODE. 12,188
THE COURT OR AGENCY SHALL SPECIFY THE SUPPORT OBLIGATION AS A 12,189
MONTHLY AMOUNT DUE AND SHALL ORDER THE SUPPORT OBLIGATION TO BE 12,190
PAID IN PERIODIC INCREMENTS AS IT DETERMINES TO BE IN THE BEST 12,191
276
INTEREST OF THE CHILDREN. IN PERFORMING ITS DUTIES UNDER THIS 12,192
SECTION, THE COURT OR AGENCY IS NOT REQUIRED TO ACCEPT ANY 12,193
CALCULATIONS IN A WORKSHEET PREPARED BY ANY PARTY TO THE ACTION 12,194
OR PROCEEDING.
Sec. 3119.021. THE FOLLOWING BASIC CHILD SUPPORT SCHEDULE 12,196
SHALL BE USED BY ALL COURTS AND CHILD SUPPORT ENFORCEMENT 12,197
AGENCIES WHEN CALCULATING THE AMOUNT OF CHILD SUPPORT TO BE PAID 12,198
PURSUANT TO A CHILD SUPPORT ORDER, UNLESS THE COMBINED GROSS 12,200
INCOME OF THE PARENTS IS LESS THAN SIXTY-SIX HUNDRED DOLLARS OR 12,201
MORE THAN ONE HUNDRED FIFTY THOUSAND DOLLARS: 12,202
BASIC CHILD SUPPORT SCHEDULE 12,203
COMBINED 12,206
GROSS NUMBER OF CHILDREN 12,208
INCOME ONE TWO THREE FOUR FIVE SIX 12,211
6600 600 600 600 600 600 600 12,212
7200 600 600 600 600 600 600 12,213
7800 600 600 600 600 600 600 12,214
8400 600 600 600 600 600 600 12,215
9000 849 859 868 878 887 896 12,216
9600 1259 1273 1287 1301 1315 1329 12,217
10200 1669 1687 1706 1724 1743 1761 12,218
10800 2076 2099 2122 2145 2168 2192 12,219
11400 2331 2505 2533 2560 2588 2616 12,220
12000 2439 2911 2943 2975 3007 3039 12,221
12600 2546 3318 3354 3390 3427 3463 12,222
13200 2654 3724 3765 3806 3846 3887 12,223
13800 2761 4029 4175 4221 4266 4311 12,224
14400 2869 4186 4586 4636 4685 4735 12,225
15000 2976 4342 4996 5051 5105 5159 12,226
15600 3079 4491 5321 5466 5524 5583 12,227
16200 3179 4635 5490 5877 5940 6003 12,228
16800 3278 4780 5660 6254 6355 6423 12,229
17400 3378 4924 5830 6442 6771 6843 12,230
18000 3478 5069 5999 6629 7186 7262 12,231
277
18600 3578 5213 6169 6816 7389 7682 12,232
19200 3678 5358 6339 7004 7592 8102 12,233
19800 3778 5502 6508 7191 7796 8341 12,234
20400 3878 5647 6678 7378 7999 8558 12,235
21000 3977 5790 6847 7565 8201 8774 12,236
21600 4076 5933 7015 7750 8402 8989 12,237
22200 4176 6075 7182 7936 8602 9204 12,238
22800 4275 6216 7345 8116 8798 9413 12,239
23400 4373 6357 7509 8297 8994 9623 12,240
24000 4471 6498 7672 8478 9190 9832 12,241
24600 4570 6639 7836 8658 9386 10042 12,242
25200 4668 6780 8000 8839 9582 10251 12,243
25800 4767 6920 8163 9020 9778 10461 12,244
26400 4865 7061 8327 9200 9974 10670 12,245
27000 4963 7202 8490 9381 10170 10880 12,246
27600 5054 7332 8642 9548 10351 11074 12,247
28200 5135 7448 8776 9697 10512 11246 12,248
28800 5216 7564 8911 9845 10673 11418 12,249
29400 5297 7678 9045 9995 10833 11592 12,250
30000 5377 7792 9179 10143 10994 11764 12,251
30600 5456 7907 9313 10291 11154 11936 12,252
31200 5535 8022 9447 10439 11315 12107 12,253
31800 5615 8136 9581 10587 11476 12279 12,254
32400 5694 8251 9715 10736 11636 12451 12,255
33000 5774 8366 9849 10884 11797 12623 12,256
33600 5853 8480 9983 11032 11957 12794 12,257
34200 5933 8595 10117 11180 12118 12966 12,258
34800 6012 8709 10251 11328 12279 13138 12,259
35400 6091 8824 10385 11476 12439 13310 12,260
36000 6171 8939 10519 11624 12600 13482 12,261
36600 6250 9053 10653 11772 12761 13653 12,262
37200 6330 9168 10787 11920 12921 13825 12,263
37800 6406 9275 10913 12058 13071 13988 12,264
38400 6447 9335 10984 12137 13156 14079 12,265
278
39000 6489 9395 11055 12215 13242 14170 12,266
39600 6530 9455 11126 12294 13328 14261 12,267
40200 6571 9515 11197 12373 13413 14353 12,268
40800 6613 9575 11268 12451 13499 14444 12,269
41400 6653 9634 11338 12529 13583 14534 12,270
42000 6694 9693 11409 12607 13667 14624 12,271
42600 6735 9752 11479 12684 13752 14714 12,272
43200 6776 9811 11549 12762 13836 14804 12,273
43800 6817 9871 11619 12840 13921 14894 12,274
44400 6857 9930 11690 12917 14005 14985 12,275
45000 6898 9989 11760 12995 14090 15075 12,276
45600 6939 10049 11830 13073 14174 15165 12,277
46200 6978 10103 11897 13146 14251 15250 12,278
46800 7013 10150 11949 13203 14313 15316 12,279
47400 7048 10197 12000 13260 14375 15382 12,280
48000 7083 10245 12052 13317 14437 15448 12,281
48600 7117 10292 12103 13374 14498 15514 12,282
49200 7152 10339 12155 13432 14560 15580 12,283
49800 7187 10386 12206 13489 14622 15646 12,284
50400 7222 10433 12258 13546 14684 15712 12,285
51000 7257 10481 12309 13603 14745 15778 12,286
51600 7291 10528 12360 13660 14807 15844 12,287
52200 7326 10575 12412 13717 14869 15910 12,288
52800 7361 10622 12463 13774 14931 15976 12,289
53400 7396 10669 12515 13832 14992 16042 12,290
54000 7431 10717 12566 13889 15054 16108 12,291
54600 7468 10765 12622 13946 15120 16178 12,292
55200 7524 10845 12716 14050 15232 16298 12,293
55800 7582 10929 12814 14159 15350 16425 12,294
56400 7643 11016 12918 14273 15474 16558 12,295
57000 7704 11104 13021 14388 15598 16691 12,296
57600 7765 11192 13125 14502 15722 16824 12,297
58200 7825 11277 13225 14613 15842 16953 12,298
58800 7883 11361 13324 14723 15961 17079 12,299
279
59400 7941 11445 13423 14832 16079 17206 12,300
60000 8000 11529 13522 14941 16197 17333 12,301
60600 8058 11612 13620 15050 16315 17460 12,302
61200 8116 11696 13719 15160 16433 17587 12,303
61800 8175 11780 13818 15269 16552 17714 12,304
62400 8233 11864 13917 15378 16670 17840 12,305
63000 8288 11945 14011 15481 16783 17958 12,306
63600 8344 12024 14102 15582 16893 18075 12,307
64200 8399 12103 14194 15683 17002 18193 12,308
64800 8454 12183 14285 15784 17111 18310 12,309
65400 8510 12262 14376 15885 17220 18427 12,310
66000 8565 12341 14468 15986 17330 18544 12,311
66600 8620 12421 14559 16087 17439 18661 12,312
67200 8676 12500 14650 16188 17548 18778 12,313
67800 8731 12579 14741 16289 17657 18895 12,314
68400 8786 12659 14833 16390 17767 19012 12,315
69000 8842 12738 14924 16491 17876 19129 12,316
69600 8897 12817 15015 16592 17985 19246 12,317
70200 8953 12897 15107 16693 18094 19363 12,318
70800 9008 12974 15196 16791 18201 19476 12,319
71400 9060 13047 15281 16885 18302 19585 12,320
72000 9111 13120 15366 16979 18404 19694 12,321
72600 9163 13194 15451 17073 18506 19803 12,322
73200 9214 13267 15536 17167 18608 19912 12,323
73800 9266 13340 15621 17261 18709 20021 12,324
74400 9318 13413 15706 17355 18811 20130 12,325
75000 9369 13487 15791 17449 18913 20239 12,326
75600 9421 13560 15876 17543 19015 20347 12,327
76200 9473 13633 15961 17636 19116 20456 12,328
76800 9524 13707 16046 17730 19218 20565 12,329
77400 9576 13780 16131 17824 19320 20674 12,330
78000 9627 13853 16216 17918 19422 20783 12,331
78600 9679 13927 16300 18012 19523 20892 12,332
79200 9731 14000 16385 18106 19625 21001 12,333
280
79800 9782 14073 16470 18200 19727 21109 12,334
80400 9834 14147 16555 18294 19829 21218 12,335
81000 9885 14220 16640 18387 19930 21326 12,336
81600 9936 14292 16723 18480 20030 21434 12,337
82200 9987 14364 16807 18573 20131 21541 12,338
82800 10038 14439 16891 18665 20235 21651 12,339
83400 10090 14514 16979 18762 20340 21763 12,340
84000 10142 14589 17066 18859 20444 21875 12,341
84600 10194 14663 17154 18956 20549 21987 12,342
85200 10246 14738 17241 19052 20653 22099 12,343
85800 10298 14813 17329 19149 20758 22211 12,344
86400 10350 14887 17417 19246 20863 22323 12,345
87000 10403 14962 17504 19343 20967 22435 12,346
87600 10455 15037 17592 19440 21072 22547 12,347
88200 10507 15111 17679 19537 21176 22659 12,348
88800 10559 15186 17767 19633 21281 22771 12,349
89400 10611 15261 17855 19730 21386 22883 12,350
90000 10663 15335 17942 19827 21490 22995 12,351
90600 10715 15410 18030 19924 21595 23107 12,352
91200 10767 15485 18118 20021 21700 23219 12,353
91800 10819 15559 18205 20118 21804 23331 12,354
92400 10872 15634 18293 20215 21909 23443 12,355
93000 10924 15709 18380 20311 22013 23555 12,356
93600 10976 15783 18468 20408 22118 23667 12,357
94200 11028 15858 18556 20505 22223 23779 12,358
94800 11080 15933 18643 20602 22327 23891 12,359
95400 11132 16007 18731 20699 22432 24003 12,360
96000 11184 16082 18818 20796 22536 24115 12,361
96600 11236 16157 18906 20892 22641 24227 12,362
97200 11289 16231 18994 20989 22746 24339 12,363
97800 11341 16306 19081 21086 22850 24451 12,364
98400 11393 16381 19169 21183 22955 24563 12,365
99000 11446 16450 19255 21279 23062 24676 12,366
99600 11491 16516 19334 21366 23156 24777 12,367
281
100200 11536 16583 19413 21453 23250 24878 12,368
100800 11581 16649 19491 21539 23345 24978 12,369
101400 11625 16714 19569 21625 23437 25077 12,370
102000 11670 16779 19646 21710 23530 25177 12,371
102600 11714 16844 19724 21796 23623 25276 12,372
103200 11759 16909 19801 21881 23715 25375 12,373
103800 11803 16974 19879 21967 23808 25475 12,374
104400 11847 17039 19956 22052 23901 25574 12,375
105000 11892 17104 20034 22138 23994 25673 12,376
105600 11934 17167 20108 22220 24083 25769 12,377
106200 11979 17232 20186 22305 24176 25868 12,378
106800 12023 17297 20263 22391 24269 25968 12,379
107400 12068 17362 20341 22476 24361 26067 12,380
108000 12110 17425 20415 22559 24451 26162 12,381
108600 12155 17490 20493 22644 24543 26262 12,382
109200 12199 17555 20570 22730 24636 26361 12,383
109800 12243 17620 20648 22815 24729 26460 12,384
110400 12286 17683 20722 22897 24818 26556 12,385
111000 12331 17748 20800 22983 24911 26655 12,386
111600 12375 17813 20877 23068 25004 26755 12,387
112200 12419 17878 20955 23154 25096 26854 12,388
112800 12462 17941 21029 23236 25186 26949 12,389
113400 12506 18006 21107 23322 25278 27049 12,390
114000 12551 18071 21184 23407 25371 27148 12,391
114600 12595 18136 21262 23493 25464 27247 12,392
115200 12640 18202 21339 23578 25557 27347 12,393
115800 12682 18264 21414 23660 25646 27442 12,394
116400 12727 18329 21491 23746 25739 27542 12,395
117000 12771 18394 21569 23831 25832 27641 12,396
117600 12815 18460 21646 23917 25924 27740 12,397
118200 12858 18522 21721 23999 26013 27836 12,398
118800 12902 18587 21798 24084 26106 27935 12,399
119400 12947 18652 21876 24170 26199 28034 12,400
120000 12991 18718 21953 24256 26292 28134 12,401
282
120600 13034 18780 22028 24338 26381 28229 12,402
121200 13078 18845 22105 24423 26474 28329 12,403
121800 13123 18910 22183 24509 26567 28428 12,404
122400 13167 18976 22260 24594 26659 28527 12,405
123000 13210 19038 22335 24676 26749 28623 12,406
123600 13254 19103 22412 24762 26841 28722 12,407
124200 13299 19168 22490 24847 26934 28821 12,408
124800 13343 19234 22567 24933 27027 28921 12,409
125400 13386 19296 22642 25015 27116 29016 12,410
126000 13430 19361 22719 25101 27209 29115 12,411
126600 13474 19426 22797 25186 27302 29215 12,412
127200 13519 19492 22874 25272 27395 29314 12,413
127800 13561 19554 22949 25354 27484 29410 12,414
128400 13606 19619 23026 25439 27576 29509 12,415
129000 13650 19684 23104 25525 27669 29608 12,416
129600 13695 19750 23181 25610 27762 29708 12,417
130200 13739 19815 23259 25696 27855 29807 12,418
130800 13783 19879 23335 25780 27946 29905 12,419
131400 13828 19945 23414 25868 28041 30007 12,420
132000 13874 20012 23494 25955 28136 30108 12,421
132600 13919 20079 23573 26043 28231 30210 12,422
133200 13963 20143 23649 26127 28323 30308 12,423
133800 14008 20210 23729 26215 28418 30410 12,424
134400 14054 20276 23808 26302 28513 30511 12,425
135000 14099 20343 23887 26390 28608 30613 12,426
135600 14143 20407 23964 26474 28699 30711 12,427
136200 14188 20474 24043 26561 28794 30813 12,428
136800 14234 20541 24123 26649 28889 30914 12,429
137400 14279 20607 24202 26737 28984 31016 12,430
138000 14323 20671 24278 26821 29075 31114 12,431
138600 14368 20738 24358 26908 29170 31215 12,432
139200 14414 20805 24437 26996 29265 31317 12,433
139800 14459 20872 24516 27083 29361 31419 12,434
140400 14503 20936 24593 27168 29452 31517 12,435
283
141000 14549 21002 24672 27255 29547 31618 12,436
141600 14594 21069 24751 27343 29642 31720 12,437
142200 14639 21136 24831 27430 29737 31822 12,438
142800 14683 21200 24907 27515 29828 31920 12,439
143400 14729 21267 24986 27602 29923 32021 12,440
144000 14774 21333 25066 27690 30018 32123 12,441
144600 14820 21400 25145 27777 30113 32225 12,442
145200 14865 21467 25225 27865 30208 32327 12,443
145800 14909 21531 25301 27949 30300 32424 12,444
146400 14963 21596 25377 28041 30396 32526 12,445
147000 15006 21659 25452 28124 30486 32622 12,446
147600 15049 21722 25527 28207 30576 32718 12,447
148200 15090 21782 25599 28286 30662 32810 12,448
148800 15133 21845 25674 28369 30752 32907 12,449
149400 15176 21908 25749 28452 30842 33003 12,450
150000 15218 21971 25823 28534 30931 33099 12,451
Sec. 3119.022. WHEN A COURT OR CHILD SUPPORT ENFORCEMENT 12,454
AGENCY CALCULATES THE AMOUNT OF CHILD SUPPORT TO BE PAID PURSUANT 12,457
TO A CHILD SUPPORT ORDER IN A PROCEEDING IN WHICH ONE PARENT IS 12,458
THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF ALL OF THE CHILDREN 12,459
WHO ARE THE SUBJECT OF THE CHILD SUPPORT ORDER OR IN WHICH THE 12,460
COURT ISSUES A SHARED PARENTING ORDER, THE COURT OR AGENCY SHALL 12,462
USE A WORKSHEET IDENTICAL IN CONTENT AND FORM TO THE FOLLOWING: 12,463
CHILD SUPPORT COMPUTATION WORKSHEET SOLE RESIDENTIAL PARENT OR 12,465
SHARED PARENTING ORDER
NAME OF PARTIES ................................................. 12,467
CASE NO. ........................................................ 12,468
NUMBER OF MINOR CHILDREN ........................................ 12,470
THE FOLLOWING PARENT WAS DESIGNATED AS RESIDENTIAL PARENT AND 12,472
LEGAL CUSTODIAN: ...... MOTHER ...... FATHER ...... SHARED 12,473
COLUMN I COLUMN II COLUMN III 12,477
FATHER MOTHER COMBINED 12,480
INCOME 12,483
284
1.a. ANNUAL GROSS INCOME FROM 12,486
EMPLOYMENT OR, WHEN
DETERMINED APPROPRIATE BY 12,487
THE COURT OR AGENCY,
AVERAGE ANNUAL GROSS INCOME 12,488
FROM EMPLOYMENT OVER A 12,489
REASONABLE PERIOD OF YEARS. 12,490
(EXCLUDE OVERTIME, BONUSES,
SELF-EMPLOYMENT INCOME, OR 12,491
COMMISSIONS)............... $...... $...... 12,492
b. AMOUNT OF OVERTIME, 12,493
BONUSES, AND COMMISSIONS 12,494
(YEAR 1 REPRESENTING THE 12,495
MOST RECENT YEAR)
FATHER MOTHER 12,497
YR. 3 $............. YR. 3 $............. 12,499
(THREE YEARS AGO) (THREE YEARS AGO) 12,501
YR. 2 $............. YR. 2 $............. 12,503
(TWO YEARS AGO) (TWO YEARS AGO) 12,505
YR. 1 $............. YR. 1 $............. 12,507
(LAST CALENDAR YEAR) (LAST CALENDAR YEAR) 12,509
AVERAGE $........... $................... 12,511
(INCLUDE IN COL. I AND/OR 12,515
COL. II THE AVERAGE OF THE 12,516
THREE YEARS OR THE YEAR 1 12,517
AMOUNT, WHICHEVER IS LESS, 12,518
IF THERE EXISTS A
REASONABLE EXPECTATION THAT 12,519
THE TOTAL EARNINGS FROM
OVERTIME AND/OR BONUSES 12,520
DURING THE CURRENT CALENDAR 12,521
YEAR WILL MEET OR EXCEED
THE AMOUNT THAT IS THE 12,522
LOWER OF THE AVERAGE OF THE 12,523
285
THREE YEARS OR THE YEAR 1
AMOUNT. IF, HOWEVER, THERE 12,524
EXISTS A REASONABLE 12,525
EXPECTATION THAT THE TOTAL
EARNINGS FROM 12,526
OVERTIME/BONUSES DURING THE 12,527
CURRENT CALENDAR YEAR WILL
BE LESS THAN THE LOWER OF 12,528
THE AVERAGE OF THE 3 YEARS 12,529
OR THE YEAR 1 AMOUNT,
INCLUDE ONLY THE AMOUNT 12,530
REASONABLY EXPECTED TO BE 12,531
EARNED THIS YEAR.)......... $...... $...... 12,532
2. FOR SELF-EMPLOYMENT INCOME: 12,535
a. GROSS RECEIPTS FROM 12,537
BUSINESS................... $...... $...... 12,538
b. ORDINARY AND NECESSARY 12,539
BUSINESS EXPENSES.......... $...... $...... 12,541
c. 5.6% OF ADJUSTED GROSS 12,542
INCOME OR THE ACTUAL 12,543
MARGINAL DIFFERENCE BETWEEN 12,544
THE ACTUAL RATE PAID BY THE
SELF-EMPLOYED INDIVIDUAL 12,545
AND THE F.I.C.A. RATE...... $...... $...... 12,547
d. ADJUSTED GROSS INCOME FROM 12,549
SELF-EMPLOYMENT (SUBTRACT
THE SUM OF 2b AND 2c FROM 12,552
2a)........................ $...... $...... 12,553
3. ANNUAL INCOME FROM INTEREST 12,555
AND DIVIDENDS (WHETHER OR 12,556
NOT TAXABLE)............... $...... $...... 12,558
286
4. ANNUAL INCOME FROM 12,560
UNEMPLOYMENT COMPENSATION.. $...... $...... 12,562
5. ANNUAL INCOME FROM WORKERS' 12,564
COMPENSATION, DISABILITY 12,565
INSURANCE BENEFITS, OR 12,566
SOCIAL SECURITY
DISABILITY/RETIREMENT
BENEFITS................... $...... $...... 12,567
6. OTHER ANNUAL INCOME 12,569
(IDENTIFY)................. $...... $...... 12,571
7. TOTAL ANNUAL GROSS INCOME 12,573
(ADD LINES 1a, 1b, 2d, AND 12,575
3-6)....................... $...... $......
ADJUSTMENTS TO INCOME 12,579
8. ADJUSTMENT FOR MINOR 12,581
CHILDREN BORN TO OR ADOPTED 12,582
BY EITHER PARENT AND 12,583
ANOTHER PARENT WHO ARE 12,584
LIVING WITH THIS PARENT;
ADJUSTMENT DOES NOT APPLY 12,585
TO STEPCHILDREN (NUMBER OF 12,586
CHILDREN TIMES FEDERAL
INCOME TAX EXEMPTION LESS 12,587
CHILD SUPPORT RECEIVED, NOT
TO EXCEED THE FEDERAL TAX 12,588
EXEMPTION)................. $...... $...... 12,589
9. ANNUAL COURT-ORDERED 12,591
SUPPORT PAID FOR OTHER 12,592
CHILDREN................... $...... $...... 12,593
287
10. ANNUAL COURT-ORDERED 12,595
SPOUSAL SUPPORT PAID TO ANY 12,596
SPOUSE OR FORMER SPOUSE.... $...... $...... 12,598
11. AMOUNT OF LOCAL INCOME 12,600
TAXES ACTUALLY PAID OR 12,601
ESTIMATED TO BE PAID....... $...... $...... 12,602
12. MANDATORY WORK-RELATED 12,604
DEDUCTIONS SUCH AS UNION 12,605
DUES, UNIFORM FEES, ETC. 12,606
(NOT INCLUDING TAXES,
SOCIAL SECURITY, OR 12,607
RETIREMENT)................ $...... $...... 12,608
13. TOTAL GROSS INCOME 12,610
ADJUSTMENTS (ADD LINES 8
THROUGH 12)................ $...... $...... 12,612
14. ADJUSTED ANNUAL GROSS 12,614
INCOME (SUBTRACT LINE 13
FROM LINE 7)............... $...... $...... 12,616
15. COMBINED ANNUAL INCOME THAT 12,618
IS BASIS FOR CHILD SUPPORT 12,619
ORDER (ADD LINE 14, COL. I 12,620
AND COL. II)............... $......... 12,622
16. PERCENTAGE OF PARENT'S 12,624
INCOME TO TOTAL INCOME 12,625
a. FATHER (DIVIDE LINE 14, 12,628
COL. I, BY LINE 15, COL. 12,629
III)......................%
288
b. MOTHER (DIVIDE LINE 14, 12,632
COL. II, BY LINE 15, COL. 12,633
III)......................%
17. BASIC COMBINED CHILD 12,636
SUPPORT OBLIGATION (REFER 12,637
TO SCHEDULE, FIRST COLUMN, 12,638
LOCATE THE AMOUNT NEAREST
TO THE AMOUNT ON LINE 15, 12,640
COL. III, THEN REFER TO 12,641
COLUMN FOR NUMBER OF
CHILDREN IN THIS FAMILY.
IF THE INCOME OF THE 12,642
PARENTS IS MORE THAN ONE 12,643
SUM BUT LESS THAN ANOTHER, 12,644
YOU MAY CALCULATE THE
DIFFERENCE.)............... $...... 12,645
18. ANNUAL SUPPORT OBLIGATION PER PARENT 12,649
a. FATHER (MULTIPLY LINE 17, 12,652
COL. III, BY LINE 16a)..... $...... 12,653
b. MOTHER (MULTIPLY LINE 17, 12,655
COL. III, BY LINE 16b)..... $...... 12,656
19. ANNUAL CHILD CARE EXPENSES 12,658
FOR CHILDREN WHO ARE THE 12,659
SUBJECT OF THIS ORDER THAT 12,660
ARE WORK-, EMPLOYMENT
TRAINING-, OR 12,661
EDUCATION-RELATED, AS
APPROVED BY THE COURT OR 12,662
AGENCY (DEDUCT TAX CREDIT 12,663
FROM ANNUAL COST, WHETHER
OR NOT CLAIMED)............ $...... $...... 12,664
289
20. MARGINAL, OUT-OF-POCKET 12,666
COSTS, NECESSARY TO PROVIDE 12,667
FOR HEALTH INSURANCE FOR 12,668
THE CHILDREN WHO ARE THE
SUBJECT OF THIS ORDER...... $...... $...... 12,670
21. ADJUSTMENTS TO CHILD SUPPORT 12,673
FATHER (ONLY IF OBLIGOR OR MOTHER (ONLY IF OBLIGOR OR 12,678
SHARED PARENTING) SHARED PARENTING)
a. ADDITIONS: LINE 16a b. ADDITIONS: LINE 16b 12,686
TIMES SUM OF AMOUNTS TIMES SUM OF AMOUNTS
SHOWN ON LINE 19, COL. II SHOWN ON LINE 19, COL. I 12,687
AND LINE 20, COL. II AND LINE 20, COL. I 12,689
$...... $...... 12,689
c. SUBTRACTIONS: LINE 16b d. SUBTRACTIONS: LINE 16a 12,696
TIMES SUM OF AMOUNTS TIMES SUM OF AMOUNTS 12,697
SHOWN ON LINE 19, COL. I SHOWN ON LINE 19, COL. II 12,698
AND LINE 20, COL. I AND LINE 20, COL. II 12,700
$...... $...... 12,700
22. OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT: 12,703
a. FATHER: LINE 18a PLUS LINE 12,706
21a MINUS LINE 21c (IF THE 12,707
AMOUNT ON LINE 21c IS 12,708
GREATER THAN OR EQUAL TO 12,709
THE AMOUNT ON LINE 21a OR 12,710
IF 21a AND 21c ARE NOT
APPLICABLE--ENTER THE 12,711
NUMBER ON LINE 18a IN COL. 12,712
I)......................... $...... 12,714
b. MOTHER: LINE 18b PLUS LINE 12,716
21b MINUS LINE 21d (IF THE 12,717
AMOUNT ON LINE 21d IS 12,718
GREATER THAN OR EQUAL TO 12,719
290
THE AMOUNT ON LINE 21b OR 12,720
IF 21b AND 21d ARE NOT 12,721
APPLICABLE--ENTER THE
NUMBER ON LINE 18b IN COL. 12,722
II)........................ $...... 12,723
23. ACTUAL ANNUAL OBLIGATION: 12,725
a. (LINE 22a OR, WHICHEVER 12,728
LINE CORRESPONDS TO THE
PARENT WHO IS THE OBLIGOR). $...... 12,729
b. ANY NON-MEANS-TESTED 12,730
BENEFITS, INCLUDING SOCIAL 12,731
SECURITY AND VETERANS'
BENEFITS, PAID TO AND 12,732
RECEIVED BY A CHILD OR A
PERSON ON BEHALF OF THE 12,733
CHILD DUE TO DEATH,
DISABILITY, OR RETIREMENT 12,734
OF THE PARENT.............. $...... 12,735
c. ACTUAL ANNUAL OBLIGATION 12,736
(SUBTRACT LINE 23b FROM 12,737
LINE 23a).................. $...... 12,738
24.a. DEVIATION FROM SOLE RESIDENTIAL PARENT SUPPORT AMOUNT SHOWN 12,743
ON LINE 23c IF AMOUNT WOULD BE UNJUST OR INAPPROPRIATE: (SEE 12,744
SECTION 3119.23 OF THE REVISED CODE.) (SPECIFIC FACTS AND 12,746
MONETARY VALUE MUST BE STATED.) 12,747
................................................................. 12,748
................................................................. 12,749
................................................................. 12,750
................................................................. 12,751
b. DEVIATION FROM SHARED PARENTING ORDER: (SEE SECTIONS 3119.23 12,753
AND 3119.24 OF THE REVISED CODE.) (SPECIFIC FACTS INCLUDING 12,754
AMOUNT OF TIME CHILDREN SPEND WITH EACH PARENT, ABILITY OF 12,756
EACH PARENT TO MAINTAIN ADEQUATE HOUSING FOR CHILDREN, AND 12,757
291
EACH PARENT'S EXPENSES FOR CHILDREN MUST BE STATED TO 12,759
JUSTIFY DEVIATION.)
................................................................. 12,760
................................................................. 12,761
................................................................. 12,762
................................................................. 12,763
25. FINAL FIGURE (THIS AMOUNT 12,767
REFLECTS FINAL ANNUAL CHILD 12,768
SUPPORT OBLIGATION; LINE
23c PLUS OR MINUS ANY 12,769
AMOUNTS INDICATED IN LINE 12,770
24a OR 24b)................ $...... FATHER/MOTHER, 12,772
OBLIGOR 12,773
26. FOR DECREE: CHILD SUPPORT 12,776
PER MONTH (DIVIDE OBLIGOR'S
ANNUAL SHARE, LINE 25, BY 12,777
12) PLUS ANY PROCESSING
CHARGE..................... $...... 12,779
PREPARED BY: 12,782
COUNSEL: .................... PRO SE: ..................... 12,785
(FOR MOTHER/FATHER) 12,786
CSEA: ....................... OTHER: ...................... 12,788
WORKSHEET HAS BEEN REVIEWED AND AGREED TO: 12,790
....................................... ........................ 12,792
MOTHER DATE 12,794
....................................... ........................ 12,796
FATHER DATE 12,798
Sec. 3119.023. WHEN A COURT OR CHILD SUPPORT ENFORCEMENT 12,800
AGENCY CALCULATES THE AMOUNT OF CHILD SUPPORT TO BE PAID PURSUANT 12,802
TO A COURT CHILD SUPPORT ORDER IN A PROCEEDING IN WHICH THE 12,803
PARENTS HAVE SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES WITH 12,804
292
RESPECT TO THE CHILDREN WHO ARE THE SUBJECT OF THE CHILD SUPPORT 12,805
ORDER, THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY SHALL USE A 12,806
WORKSHEET THAT IS IDENTICAL IN CONTENT AND FORM TO THE FOLLOWING: 12,807
CHILD SUPPORT COMPUTATION WORKSHEET SPLIT PARENTAL RIGHTS AND 12,809
RESPONSIBILITIES
NAME OF PARTIES ................................................. 12,811
CASE NO. ........................................................ 12,813
NUMBER OF MINOR CHILDREN ........................................ 12,815
NUMBER OF MINOR CHILDREN WITH MOTHER .......... FATHER .......... 12,817
COLUMN I COLUMN II COLUMN III 12,821
FATHER MOTHER COMBINED 12,824
INCOME 12,827
1.a. ANNUAL GROSS INCOME FROM 12,829
EMPLOYMENT OR, WHEN
DETERMINED APPROPRIATE BY 12,830
THE COURT OR AGENCY,
AVERAGE ANNUAL GROSS INCOME
FROM EMPLOYMENT OVER A 12,831
REASONABLE PERIOD OF YEARS.
(EXCLUDE OVERTIME, BONUSES, 12,832
SELF-EMPLOYMENT INCOME, OR
COMMISSIONS)............... $...... $...... 12,833
b. AMOUNT OF OVERTIME, 12,834
BONUSES, AND COMMISSIONS
(YEAR 1 REPRESENTING THE 12,835
MOST RECENT YEAR)
FATHER MOTHER 12,837
YR. 3 $............. YR. 3 $............. 12,839
(THREE YEARS AGO) (THREE YEARS AGO) 12,841
YR. 2 $............. YR. 2 $............. 12,843
(TWO YEARS AGO) (TWO YEARS AGO) 12,845
YR. 1 $............. YR. 1 $............. 12,847
(LAST CALENDAR YEAR) (LAST CALENDAR YEAR) 12,849
AVERAGE $........... $................... 12,851
293
(INCLUDE IN COL. I AND/OR 12,855
COL. II THE AVERAGE OF THE
THREE YEARS OR THE YEAR 1 12,856
AMOUNT, WHICHEVER IS LESS, 12,857
IF THERE EXISTS A
REASONABLE EXPECTATION THAT 12,858
THE TOTAL EARNINGS FROM 12,859
OVERTIME AND/OR BONUSES
DURING THE CURRENT CALENDAR 12,860
YEAR WILL MEET OR EXCEED
THE AMOUNT THAT IS THE 12,861
LOWER OF THE AVERAGE OF THE 12,862
THREE YEARS OR THE YEAR 1
AMOUNT. IF, HOWEVER, THERE 12,863
EXISTS A REASONABLE 12,864
EXPECTATION THAT THE TOTAL
EARNINGS FROM 12,865
OVERTIME/BONUSES DURING THE 12,866
CURRENT CALENDAR YEAR WILL
BE LESS THAN THE LOWER OF 12,867
THE AVERAGE OF THE 3 YEARS 12,868
OR THE YEAR 1 AMOUNT,
INCLUDE ONLY THE AMOUNT 12,869
REASONABLY EXPECTED TO BE 12,870
EARNED THIS YEAR.)......... $...... $...... 12,871
2. FOR SELF-EMPLOYMENT INCOME 12,874
a. GROSS RECEIPTS FROM 12,876
BUSINESS .................. $...... $...... 12,877
b. ORDINARY AND NECESSARY 12,879
BUSINESS EXPENSES ......... $...... $...... 12,880
294
c. 5.6% OF ADJUSTED GROSS 12,882
INCOME OR THE ACTUAL 12,883
MARGINAL DIFFERENCE BETWEEN
THE ACTUAL RATE PAID BY THE 12,884
SELF-EMPLOYED INDIVIDUAL
AND THE F.I.C.A. RATE...... $...... $...... 12,886
d. ADJUSTED GROSS INCOME FROM 12,889
SELF-EMPLOYMENT (SUBTRACT
THE SUM OF 2b AND 2c FROM 12,891
2a)........................ $...... $......
3. ANNUAL INCOME FROM INTEREST 12,893
AND DIVIDENDS (WHETHER OR 12,894
NOT TAXABLE)............... $...... $...... 12,895
4. ANNUAL INCOME FROM 12,897
UNEMPLOYMENT COMPENSATION.. $...... $...... 12,899
5. ANNUAL INCOME FROM WORKERS' 12,901
COMPENSATION, DISABILITY 12,902
INSURANCE BENEFITS OR
SOCIAL SECURITY
DISABILITY/RETIREMENT 12,903
BENEFITS................... $...... $...... 12,904
6. OTHER ANNUAL INCOME 12,906
(IDENTIFY)................. $...... $...... 12,907
7. TOTAL ANNUAL GROSS INCOME 12,909
(ADD LINES 1a, 1b, 2d, AND 12,911
3-6)....................... $...... $...... 12,912
ADJUSTMENTS TO INCOME 12,916
295
8. ADJUSTMENT FOR MINOR 12,918
CHILDREN BORN TO OR ADOPTED 12,919
BY EITHER PARENT AND 12,920
ANOTHER PARENT WHO ARE 12,921
LIVING WITH THIS PARENT;
ADJUSTMENT DOES NOT APPLY 12,922
TO STEPCHILDREN (NUMBER OF 12,923
CHILDREN TIMES FEDERAL
INCOME TAX EXEMPTION LESS 12,924
CHILD SUPPORT RECEIVED, NOT
TO EXCEED THE FEDERAL TAX 12,925
EXEMPTION)................. $...... $...... 12,926
9. ANNUAL COURT-ORDERED 12,928
SUPPORT PAID FOR OTHER 12,929
CHILDREN................... $...... $...... 12,930
10. ANNUAL COURT-ORDERED 12,932
SPOUSAL SUPPORT PAID TO ANY 12,933
SPOUSE OR FORMER SPOUSE.... $...... $...... 12,935
11. AMOUNT OF LOCAL INCOME 12,937
TAXES ACTUALLY PAID OR 12,938
ESTIMATED TO BE PAID....... $...... $...... 12,939
12. MANDATORY WORK-RELATED 12,941
DEDUCTIONS SUCH AS UNION 12,942
DUES, UNIFORM FEES, ETC. 12,943
(NOT INCLUDING TAXES,
SOCIAL SECURITY, OR 12,944
RETIREMENT)................ $...... $...... 12,945
13. TOTAL GROSS INCOME 12,947
ADJUSTMENTS (ADD LINES 8 12,948
296
THROUGH 12)................ $...... $...... 12,949
14. ADJUSTED ANNUAL GROSS 12,951
INCOME (SUBTRACT LINE 13 12,952
FROM 7).................... $...... $...... 12,953
15. COMBINED ANNUAL INCOME THAT 12,955
IS BASIS FOR CHILD SUPPORT 12,956
ORDER (ADD LINE 14, COL. I 12,957
AND COL. II)............... $......... 12,959
16. PERCENTAGE OF PARENT'S 12,961
INCOME TO TOTAL INCOME
a. FATHER (DIVIDE LINE 14, 12,963
COL. I, BY LINE 15, COL.
III) .....................% 12,964
b. MOTHER (DIVIDE LINE 14, 12,966
COL. II, BY LINE 15, COL. 12,967
III)......................%
17. BASIC COMBINED CHILD 12,969
SUPPORT OBLIGATION (REFER 12,970
TO SCHEDULE, FIRST COLUMN, 12,971
LOCATE THE AMOUNT NEAREST 12,972
TO THE AMOUNT ON LINE 15, 12,973
COL. III, THEN REFER TO
COLUMN FOR NUMBER OF 12,974
CHILDREN WITH THIS PARENT. 12,975
IF THE INCOME OF THE
PARENTS IS MORE THAN ONE 12,976
SUM BUT LESS THAN ANOTHER, 12,977
YOU MAY CALCULATE THE
DIFFERENCE)................
FOR CHILDREN FOR CHILDREN 12,979
297
FOR WHOM THE FOR WHOM THE 12,980
MOTHER IS THE FATHER IS THE 12,981
RESIDENTIAL RESIDENTIAL 12,982
PARENT AND PARENT AND 12,983
LEGAL LEGAL 12,984
CUSTODIAN CUSTODIAN
$............. $............. 12,985
18. ANNUAL SUPPORT OBLIGATION PER PARENT 12,988
a. OF FATHER FOR CHILDREN FOR 12,991
WHOM MOTHER IS THE
RESIDENTIAL PARENT AND 12,992
LEGAL CUSTODIAN (MULTIPLY 12,993
LINE 17, COL. I, BY LINE 12,994
16a)....................... $...... 12,995
b. OF MOTHER FOR CHILDREN FOR 12,996
WHOM THE FATHER IS THE 12,997
RESIDENTIAL PARENT AND 12,998
LEGAL CUSTODIAN (MULTIPLY 12,999
LINE 17, COL. II, BY LINE 13,000
16b)....................... $...... 13,001
19. ANNUAL CHILD CARE EXPENSES 13,003
FOR CHILDREN WHO ARE THE 13,004
SUBJECT OF THIS ORDER THAT 13,005
ARE WORK-, EMPLOYMENT
TRAINING-, OR 13,006
EDUCATION-RELATED, AS
APPROVED BY THE COURT OR 13,007
AGENCY (DEDUCT TAX CREDIT
FROM ANNUAL COST WHETHER OR 13,008
NOT CLAIMED)............... PAID BY PAID BY 13,014
FATHER MOTHER 13,013
$...... $...... 13,014
298
20. MARGINAL, OUT-OF-POCKET 13,016
COSTS, NECESSARY TO PROVIDE 13,017
FOR HEALTH INSURANCE FOR 13,018
THE CHILDREN WHO ARE THE
SUBJECT OF THIS ORDER...... PAID BY PAID BY 13,023
FATHER MOTHER 13,024
$...... $...... 13,025
21. ADJUSTMENTS TO CHILD SUPPORT 13,029
FATHER MOTHER 13,032
a. ADDITIONS: LINE 16a b. ADDITIONS: LINE 16b 13,040
TIMES SUM OF AMOUNTS TIMES SUM OF AMOUNTS
SHOWN ON LINE 19, COL. II SHOWN ON LINE 19, COL. I 13,042
AND LINE 20, COL. II AND LINE 20, COL. I 13,044
$...... $...... 13,044
c. SUBTRACTIONS: LINE 16b d. SUBTRACTIONS: LINE 16a 13,049
TIMES SUM OF AMOUNTS TIMES SUM OF AMOUNTS 13,050
SHOWN ON LINE 19, COL. I SHOWN ON LINE 19, COL. II 13,051
AND LINE 20, COL. I AND LINE 20, COL. II 13,053
$...... $...... 13,053
22. ACTUAL ANNUAL OBLIGATION: 13,056
a. FATHER: LINE 18a PLUS LINE 13,060
21a MINUS LINE 21c (IF THE 13,061
AMOUNT ON LINE 21c IS 13,062
GREATER THAN OR EQUAL TO 13,063
THE AMOUNT ON LINE 21a--
ENTER THE NUMBER ON LINE 13,065
18a IN COL. I)............. $...... 13,067
b. ANY NON-MEANS-TESTED 13,068
BENEFITS, INCLUDING SOCIAL 13,069
SECURITY AND VETERANS' 13,070
BENEFITS, PAID TO AND 13,071
RECEIVED BY CHILDREN FOR
299
WHOM THE MOTHER IS THE 13,072
RESIDENTIAL PARENT AND
LEGAL CUSTODIAN OR A PERSON 13,073
ON BEHALF OF THOSE CHILDREN 13,074
DUE TO DEATH, DISABILITY,
OR RETIREMENT OF THE FATHER. $...... 13,076
c. ACTUAL ANNUAL OBLIGATION OF 13,078
FATHER (SUBTRACT LINE 22b 13,079
FROM LINE 22a)............. $...... 13,080
d. MOTHER: LINE 18b PLUS LINE 13,083
21b MINUS LINE 21d (IF THE 13,084
AMOUNT ON LINE 21d IS 13,085
GREATER THAN OR EQUAL TO 13,086
THE AMOUNT ON LINE 13,087
21b--ENTER THE NUMBER ON
LINE 18b IN COL. II)....... $...... 13,090
e. ANY NON-MEANS-TESTED 13,091
BENEFITS, INCLUDING SOCIAL 13,092
SECURITY AND VETERANS'
BENEFITS, PAID TO AND
RECEIVED BY CHILDREN FOR
WHOM THE FATHER IS THE 13,093
RESIDENTIAL PARENT AND
LEGAL CUSTODIAN OR A PERSON
ON BEHALF OF THOSE CHILDREN 13,094
DUE TO DEATH, DISABILITY,
OR RETIREMENT OF THE MOTHER. $...... 13,096
f. ACTUAL ANNUAL OBLIGATION OF 13,098
MOTHER (SUBTRACT LINE 22e 13,099
FROM LINE 22d)............. $...... 13,100
g. ACTUAL ANNUAL OBLIGATION 13,101
PAYABLE (SUBTRACT LESSER 13,102
ACTUAL ANNUAL OBLIGATION
FROM GREATER ACTUAL ANNUAL 13,103
300
OBLIGATION USING AMOUNTS IN
LINES 22c AND 22f TO 13,104
DETERMINE NET CHILD SUPPORT
PAYABLE)................... $...... $...... 13,106
23. DEVIATION FROM SPLIT RESIDENTIAL PARENT GUIDELINE AMOUNT 13,110
SHOWN ON LINE 22c OR 22f IF AMOUNT WOULD BE UNJUST OR 13,112
INAPPROPRIATE: (SEE SECTION 3119.23 OF THE REVISED CODE.) 13,115
(SPECIFIC FACTS AND MONETARY VALUE MUST BE STATED.) 13,116
................................................................. 13,117
................................................................. 13,118
................................................................. 13,119
................................................................. 13,120
24. FINAL FIGURE (THIS AMOUNT 13,123
REFLECTS FINAL ANNUAL CHILD 13,124
SUPPORT OBLIGATION; LINE 13,125
22g PLUS OR MINUS ANY 13,126
AMOUNTS INDICATED IN LINE
23.)....................... $...... FATHER/MOTHER, 13,127
OBLIGOR 13,128
25. FOR DECREE: CHILD SUPPORT 13,130
PER MONTH (DIVIDE OBLIGOR'S 13,132
ANNUAL SHARE, LINE 24, BY
12) PLUS ANY PROCESSING
CHARGE..................... $...... 13,134
PREPARED BY: 13,138
COUNSEL: .................... PRO SE: ..................... 13,141
(FOR MOTHER/FATHER) 13,142
CSEA: ....................... OTHER: ...................... 13,144
WORKSHEET HAS BEEN REVIEWED AND AGREED TO: 13,146
301
....................................... ........................ 13,148
MOTHER DATE 13,150
....................................... ........................ 13,152
FATHER DATE 13,154
Sec. 3119.024. AT LEAST ONCE EVERY FOUR YEARS, THE 13,156
DEPARTMENT OF JOB AND FAMILY SERVICES SHALL REVIEW THE BASIC 13,157
CHILD SUPPORT SCHEDULE SET FORTH IN SECTION 3119.021 OF THE 13,158
REVISED CODE TO DETERMINE WHETHER CHILD SUPPORT ORDERS ISSUED IN 13,159
ACCORDANCE WITH THE SCHEDULE AND WORKSHEETS ADEQUATELY PROVIDE 13,160
FOR THE NEEDS OF THE CHILDREN WHO ARE SUBJECT TO THE CHILD 13,161
SUPPORT ORDERS, PREPARE A REPORT OF ITS REVIEW, AND SUBMIT A COPY 13,162
OF THE REPORT TO BOTH HOUSES OF THE GENERAL ASSEMBLY.
FOR EACH REVIEW, THE DEPARTMENT SHALL ESTABLISH A CHILD 13,165
SUPPORT GUIDELINE ADVISORY COUNCIL TO ASSIST THE DEPARTMENT IN 13,167
THE COMPLETION OF ITS REVIEWS AND REPORTS. EACH COUNCIL SHALL BE 13,169
COMPOSED OF OBLIGORS; OBLIGEES; JUDGES OF COURTS OF COMMON PLEAS
WHO HAVE JURISDICTION OVER DOMESTIC RELATIONS CASES; ATTORNEYS 13,170
WHOSE PRACTICE INCLUDES A SIGNIFICANT NUMBER OF DOMESTIC 13,171
RELATIONS CASES; REPRESENTATIVES OF CHILD SUPPORT ENFORCEMENT 13,172
AGENCIES; OTHER PERSONS INTERESTED IN THE WELFARE OF CHILDREN; 13,173
THREE MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT OF THE 13,174
SENATE, NO MORE THAN TWO OF WHOM ARE MEMBERS OF THE SAME PARTY; 13,175
AND THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY 13,176
THE SPEAKER OF THE HOUSE, NO MORE THAN TWO OF WHOM ARE MEMBERS OF 13,177
THE SAME PARTY. 13,178
THE DEPARTMENT SHALL CONSIDER INPUT FROM THE COUNCIL PRIOR 13,181
TO THE COMPLETION OF ANY REPORT UNDER THIS SECTION. 13,182
THE ADVISORY COUNCIL SHALL CEASE TO EXIST AT THE TIME THAT 13,185
IT SUBMITS ITS REPORT TO THE GENERAL ASSEMBLY.
ANY EXPENSES INCURRED BY AN ADVISORY COUNCIL SHALL BE PAID 13,189
BY THE DEPARTMENT.
ON OR BEFORE THE FIRST DAY OF MARCH OF EVERY FOURTH YEAR 13,192
AFTER 1993, THE DEPARTMENT SHALL SUBMIT A REPORT UNDER THIS
DIVISION TO BOTH HOUSES OF THE GENERAL ASSEMBLY. 13,193
302
Sec. 3119.03. IN ANY ACTION OR PROCEEDING IN WHICH THE 13,195
COURT DETERMINES THE AMOUNT OF CHILD SUPPORT THAT WILL BE ORDERED 13,197
TO BE PAID PURSUANT TO A CHILD SUPPORT ORDER OR AT ANY TIME A 13,198
CHILD SUPPORT ENFORCEMENT AGENCY DETERMINES THE AMOUNT OF CHILD 13,199
SUPPORT THAT WILL BE PAID PURSUANT TO AN ADMINISTRATIVE CHILD 13,200
SUPPORT ORDER, THE AMOUNT OF CHILD SUPPORT THAT WOULD BE PAYABLE 13,201
UNDER A CHILD SUPPORT ORDER, AS CALCULATED PURSUANT TO THE BASIC 13,204
CHILD SUPPORT SCHEDULE AND APPLICABLE WORKSHEET THROUGH THE LINE 13,206
ESTABLISHING THE ACTUAL ANNUAL OBLIGATION, IS REBUTTABLY PRESUMED 13,208
TO BE THE CORRECT AMOUNT OF CHILD SUPPORT DUE.
Sec. 3119.04. (A) IF THE COMBINED GROSS INCOME OF BOTH 13,210
PARENTS IS LESS THAN SIX THOUSAND SIX HUNDRED DOLLARS PER YEAR, 13,212
THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY SHALL DETERMINE THE 13,213
AMOUNT OF THE OBLIGOR'S CHILD SUPPORT OBLIGATION ON A 13,215
CASE-BY-CASE BASIS USING THE SCHEDULE AS A GUIDELINE. THE COURT 13,216
OR AGENCY SHALL REVIEW THE OBLIGOR'S GROSS INCOME AND LIVING 13,217
EXPENSES TO DETERMINE THE MAXIMUM AMOUNT OF CHILD SUPPORT THAT IT 13,218
REASONABLY CAN ORDER WITHOUT DENYING THE OBLIGOR THE MEANS FOR 13,219
SELF-SUPPORT AT A MINIMUM SUBSISTENCE LEVEL AND SHALL ORDER A 13,220
SPECIFIC AMOUNT OF CHILD SUPPORT, UNLESS THE OBLIGOR PROVES TO 13,221
THE COURT OR AGENCY THAT THE OBLIGOR IS TOTALLY UNABLE TO PAY 13,222
CHILD SUPPORT, AND THE COURT OR AGENCY DETERMINES THAT IT WOULD 13,223
BE UNJUST OR INAPPROPRIATE TO ORDER THE PAYMENT OF CHILD SUPPORT 13,224
AND ENTERS ITS DETERMINATION AND SUPPORTING FINDINGS OF FACT IN 13,225
THE JOURNAL.
(B) IF THE COMBINED GROSS INCOME OF BOTH PARENTS IS 13,227
GREATER THAN ONE HUNDRED FIFTY THOUSAND DOLLARS PER YEAR, THE 13,229
COURT, WITH RESPECT TO A COURT CHILD SUPPORT ORDER, OR THE CHILD 13,230
SUPPORT ENFORCEMENT AGENCY, WITH RESPECT TO AN ADMINISTRATIVE 13,231
CHILD SUPPORT ORDER, SHALL DETERMINE THE AMOUNT OF THE OBLIGOR'S 13,232
CHILD SUPPORT OBLIGATION ON A CASE-BY-CASE BASIS AND SHALL 13,233
CONSIDER THE NEEDS AND THE STANDARD OF LIVING OF THE CHILDREN WHO 13,234
ARE THE SUBJECT OF THE CHILD SUPPORT ORDER AND OF THE PARENTS. 13,235
THE COURT OR AGENCY SHALL COMPUTE A BASIC COMBINED CHILD SUPPORT 13,236
303
OBLIGATION THAT IS NO LESS THAN THE OBLIGATION THAT WOULD HAVE 13,237
BEEN COMPUTED UNDER THE BASIC CHILD SUPPORT SCHEDULE AND 13,239
APPLICABLE WORKSHEET FOR A COMBINED GROSS INCOME OF ONE HUNDRED 13,240
FIFTY THOUSAND DOLLARS, UNLESS THE COURT OR AGENCY DETERMINES 13,242
THAT IT WOULD BE UNJUST OR INAPPROPRIATE AND WOULD NOT BE IN THE 13,243
BEST INTEREST OF THE CHILD, OBLIGOR, OR OBLIGEE TO ORDER THAT 13,244
AMOUNT. IF THE COURT OR AGENCY MAKES SUCH A DETERMINATION, IT 13,245
SHALL ENTER IN THE JOURNAL THE FIGURE, DETERMINATION, AND 13,246
FINDINGS.
Sec. 3119.05. WHEN A COURT COMPUTES THE AMOUNT OF CHILD 13,248
SUPPORT REQUIRED TO BE PAID UNDER A COURT CHILD SUPPORT ORDER OR 13,249
A CHILD SUPPORT ENFORCEMENT AGENCY COMPUTES THE AMOUNT OF CHILD 13,250
SUPPORT TO BE PAID PURSUANT TO AN ADMINISTRATIVE CHILD SUPPORT 13,251
ORDER, ALL OF THE FOLLOWING APPLY: 13,252
(A) THE PARENTS' CURRENT AND PAST INCOME AND PERSONAL 13,256
EARNINGS SHALL BE VERIFIED BY ELECTRONIC MEANS OR WITH SUITABLE 13,257
DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, PAYSTUBS, EMPLOYER 13,258
STATEMENTS, RECEIPTS AND EXPENSE VOUCHERS RELATED TO 13,259
SELF-GENERATED INCOME, TAX RETURNS, AND ALL SUPPORTING 13,260
DOCUMENTATION AND SCHEDULES FOR THE TAX RETURNS.
(B) THE AMOUNT OF ANY PRE-EXISTING CHILD SUPPORT 13,262
OBLIGATION OF A PARENT UNDER A CHILD SUPPORT ORDER AND THE AMOUNT 13,263
OF ANY COURT-ORDERED SPOUSAL SUPPORT ACTUALLY PAID SHALL BE 13,265
DEDUCTED FROM THE GROSS INCOME OF THAT PARENT TO THE EXTENT THAT 13,266
PAYMENT UNDER THE CHILD SUPPORT ORDER OR THAT PAYMENT OF THE 13,267
COURT-ORDERED SPOUSAL SUPPORT IS VERIFIED BY SUPPORTING
DOCUMENTATION. 13,268
(C) IF OTHER MINOR CHILDREN WHO WERE BORN TO THE PARENT 13,271
AND A PERSON OTHER THAN THE OTHER PARENT WHO IS INVOLVED IN THE 13,273
IMMEDIATE CHILD SUPPORT DETERMINATION LIVE WITH THE PARENT, THE 13,274
COURT OR AGENCY SHALL DEDUCT AN AMOUNT FROM THAT PARENT'S GROSS 13,275
INCOME THAT EQUALS THE NUMBER OF SUCH MINOR CHILDREN TIMES THE 13,276
FEDERAL INCOME TAX EXEMPTION FOR SUCH CHILDREN LESS CHILD SUPPORT 13,277
RECEIVED FOR THEM FOR THE YEAR, NOT EXCEEDING THE FEDERAL INCOME 13,278
304
TAX EXEMPTION.
(D) WHEN THE COURT OR AGENCY CALCULATES THE GROSS INCOME 13,280
OF A PARENT, IT SHALL INCLUDE THE LESSER OF THE FOLLOWING AS 13,281
INCOME FROM OVERTIME AND BONUSES: 13,282
(1) THE YEARLY AVERAGE OF ALL OVERTIME, COMMISSIONS, AND 13,284
BONUSES RECEIVED DURING THE THREE YEARS IMMEDIATELY PRIOR TO THE 13,286
TIME WHEN THE PERSON'S CHILD SUPPORT OBLIGATION IS BEING 13,287
COMPUTED;
(2) THE TOTAL OVERTIME, COMMISSIONS, AND BONUSES RECEIVED 13,290
DURING THE YEAR IMMEDIATELY PRIOR TO THE TIME WHEN THE PERSON'S 13,291
CHILD SUPPORT OBLIGATION IS BEING COMPUTED. 13,292
(E) WHEN THE COURT OR AGENCY CALCULATES THE GROSS INCOME 13,294
OF A PARENT, IT SHALL NOT INCLUDE ANY INCOME EARNED BY THE SPOUSE 13,295
OF THAT PARENT. 13,296
(F) THE COURT SHALL NOT ORDER AN AMOUNT OF CHILD SUPPORT 13,299
FOR REASONABLE AND ORDINARY UNINSURED MEDICAL OR DENTAL EXPENSES 13,300
IN ADDITION TO THE AMOUNT OF THE CHILD SUPPORT OBLIGATION 13,301
DETERMINED IN ACCORDANCE WITH THE SCHEDULE. THE COURT SHALL 13,302
ISSUE A SEPARATE ORDER FOR EXTRAORDINARY MEDICAL OR DENTAL 13,303
EXPENSES, INCLUDING, BUT NOT LIMITED TO, ORTHODONTIA,
PSYCHOLOGICAL, APPROPRIATE PRIVATE EDUCATION, AND OTHER EXPENSES, 13,304
AND MAY CONSIDER THE EXPENSES IN ADJUSTING A CHILD SUPPORT ORDER. 13,305
(G) WHEN A COURT OR AGENCY CALCULATES THE AMOUNT OF CHILD 13,307
SUPPORT TO BE PAID PURSUANT TO A COURT CHILD SUPPORT ORDER OR AN 13,308
ADMINISTRATIVE CHILD SUPPORT ORDER, IF THE COMBINED GROSS INCOME 13,309
OF BOTH PARENTS IS AN AMOUNT THAT IS BETWEEN TWO AMOUNTS SET 13,310
FORTH IN THE FIRST COLUMN OF THE SCHEDULE, THE COURT OR AGENCY 13,311
MAY USE THE BASIC CHILD SUPPORT OBLIGATION THAT CORRESPONDS TO 13,312
THE HIGHER OF THE TWO AMOUNTS IN THE FIRST COLUMN OF THE 13,313
SCHEDULE, USE THE BASIC CHILD SUPPORT OBLIGATION THAT CORRESPONDS 13,314
TO THE LOWER OF THE TWO AMOUNTS IN THE FIRST COLUMN OF THE 13,315
SCHEDULE, OR CALCULATE A BASIC CHILD SUPPORT OBLIGATION THAT IS 13,316
BETWEEN THOSE TWO AMOUNTS AND CORRESPONDS PROPORTIONALLY TO THE 13,317
PARENTS' ACTUAL COMBINED GROSS INCOME. 13,318
305
(H) WHEN THE COURT OR AGENCY CALCULATES GROSS INCOME, THE 13,320
COURT OR AGENCY, WHEN APPROPRIATE, MAY AVERAGE INCOME OVER A 13,321
REASONABLE PERIOD OF YEARS. 13,322
(I) A COURT OR AGENCY SHALL NOT DETERMINE A PARENT 13,324
RECEIVING MEANS-TESTED PUBLIC ASSISTANCE BENEFITS TO BE 13,325
VOLUNTARILY UNEMPLOYED OR UNDEREMPLOYED AND SHALL NOT IMPUTE 13,326
INCOME TO THAT PARENT, UNLESS NOT MAKING SUCH DETERMINATION AND 13,327
NOT IMPUTING INCOME WOULD BE UNJUST, INAPPROPRIATE, AND NOT IN 13,328
THE BEST INTEREST OF THE CHILD.
(J) WHEN A COURT OR AGENCY REQUIRES A PARENT TO PAY AN 13,330
AMOUNT FOR THAT PARENT'S FAILURE TO SUPPORT A CHILD FOR A PERIOD 13,331
OF TIME PRIOR TO THE DATE THE COURT MODIFIES OR ISSUES A COURT 13,332
CHILD SUPPORT ORDER OR AN AGENCY MODIFIES OR ISSUES AN 13,333
ADMINISTRATIVE CHILD SUPPORT ORDER FOR THE CURRENT SUPPORT OF THE 13,334
CHILD, THE COURT OR AGENCY SHALL CALCULATE THAT AMOUNT USING THE 13,335
BASIC CHILD SUPPORT SCHEDULE, WORKSHEETS, AND CHILD SUPPORT LAWS
IN EFFECT, AND THE INCOMES OF THE PARENTS AS THEY EXISTED, FOR 13,336
THAT PRIOR PERIOD OF TIME. 13,337
Sec. 3119.06. EXCEPT AS OTHERWISE PROVIDED IN THIS 13,339
SECTION, IN ANY ACTION IN WHICH A COURT ISSUES OR MODIFIES A 13,340
CHILD SUPPORT ORDER OR IN ANY OTHER PROCEEDING IN WHICH A COURT 13,342
DETERMINES THE AMOUNT OF CHILD SUPPORT TO BE PAID PURSUANT TO A 13,343
CHILD SUPPORT ORDER, THE COURT SHALL ISSUE A MINIMUM CHILD 13,345
SUPPORT ORDER REQUIRING THE OBLIGOR TO PAY A MINIMUM OF FIFTY 13,346
DOLLARS A MONTH. THE COURT, IN ITS DISCRETION AND IN APPROPRIATE
CIRCUMSTANCES, MAY ISSUE A MINIMUM CHILD SUPPORT ORDER REQUIRING 13,347
THE OBLIGOR TO PAY LESS THAN FIFTY DOLLARS A MONTH OR NOT 13,349
REQUIRING THE OBLIGOR TO PAY AN AMOUNT FOR SUPPORT. THE 13,350
CIRCUMSTANCES UNDER WHICH A COURT MAY ISSUE SUCH AN ORDER INCLUDE 13,351
THE NONRESIDENTIAL PARENT'S MEDICALLY VERIFIED OR DOCUMENTED 13,353
PHYSICAL OR MENTAL DISABILITY OR INSTITUTIONALIZATION IN A 13,354
FACILITY FOR PERSONS WITH A MENTAL ILLNESS OR ANY OTHER 13,355
CIRCUMSTANCES CONSIDERED APPROPRIATE BY THE COURT.
IF A COURT ISSUES A MINIMUM CHILD SUPPORT ORDER PURSUANT TO 13,358
306
THIS SECTION AND THE OBLIGOR UNDER THE SUPPORT ORDER IS THE 13,359
RECIPIENT OF NEED-BASED PUBLIC ASSISTANCE, ANY UNPAID AMOUNTS OF 13,360
SUPPORT DUE UNDER THE SUPPORT ORDER SHALL ACCRUE AS ARREARAGES 13,361
FROM MONTH TO MONTH, AND THE OBLIGOR'S CURRENT OBLIGATION TO PAY 13,362
THE SUPPORT DUE UNDER THE SUPPORT ORDER IS SUSPENDED DURING ANY 13,363
PERIOD OF TIME THAT THE OBLIGOR IS RECEIVING NEED-BASED PUBLIC 13,364
ASSISTANCE AND IS COMPLYING WITH ANY SEEK WORK ORDERS ISSUED 13,365
PURSUANT TO SECTION 3121.03 OF THE REVISED CODE. THE COURT, 13,368
OBLIGEE, AND CHILD SUPPORT ENFORCEMENT AGENCY SHALL NOT ENFORCE 13,369
THE OBLIGATION OF THE OBLIGOR TO PAY THE AMOUNT OF SUPPORT DUE 13,370
UNDER THE SUPPORT ORDER WHILE THE OBLIGOR IS RECEIVING NEED-BASED 13,371
PUBLIC ASSISTANCE AND IS COMPLYING WITH ANY SEEK WORK ORDERS 13,372
ISSUED PURSUANT TO SECTION 3121.03 OF THE REVISED CODE. 13,375
Sec. 3119.07. (A) EXCEPT WHEN THE PARENTS HAVE SPLIT 13,377
PARENTAL RIGHTS AND RESPONSIBILITIES, A PARENT'S CHILD SUPPORT 13,379
OBLIGATION FOR A CHILD FOR WHOM THE PARENT IS THE RESIDENTIAL 13,380
PARENT AND LEGAL CUSTODIAN SHALL BE PRESUMED TO BE SPENT ON THAT 13,381
CHILD AND SHALL NOT BECOME PART OF A CHILD SUPPORT ORDER, AND A 13,382
PARENT'S CHILD SUPPORT OBLIGATION FOR A CHILD FOR WHOM THE PARENT 13,383
IS NOT THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN SHALL BECOME 13,384
PART OF A CHILD SUPPORT ORDER. 13,385
(B) IF THE PARENTS HAVE SPLIT PARENTAL RIGHTS AND 13,387
RESPONSIBILITIES, THE CHILD SUPPORT OBLIGATIONS OF THE PARENTS 13,388
SHALL BE OFFSET, AND THE COURT SHALL ISSUE A CHILD SUPPORT ORDER 13,389
REQUIRING THE PARENT WITH THE LARGER CHILD SUPPORT OBLIGATION TO 13,390
PAY THE NET AMOUNT PURSUANT TO THE CHILD SUPPORT ORDER. 13,391
(C) IF NEITHER PARENT OF A CHILD WHO IS THE SUBJECT OF A 13,393
CHILD SUPPORT ORDER IS THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN 13,395
OF THE CHILD AND THE CHILD RESIDES WITH A THIRD PARTY WHO IS THE 13,396
LEGAL CUSTODIAN OF THE CHILD, THE COURT SHALL ISSUE A CHILD 13,397
SUPPORT ORDER REQUIRING EACH PARENT TO PAY THAT PARENT'S CHILD 13,398
SUPPORT OBLIGATION PURSUANT TO THE CHILD SUPPORT ORDER. 13,400
Sec. 3119.08. WHENEVER A COURT ISSUES A CHILD SUPPORT 13,402
ORDER, IT SHALL INCLUDE IN THE ORDER SPECIFIC PROVISIONS FOR 13,403
307
REGULAR, HOLIDAY, VACATION, PARENTING TIME, AND SPECIAL 13,404
VISITATION IN ACCORDANCE WITH SECTION 3109.051, 3109.11, OR 13,406
3109.12 OF THE REVISED CODE OR IN ACCORDANCE WITH ANY OTHER 13,407
APPLICABLE SECTION OF THE REVISED CODE.
Sec. 3119.09. THE COURT SHALL NOT AUTHORIZE OR PERMIT THE 13,410
ESCROWING, IMPOUNDMENT, OR WITHHOLDING OF ANY CHILD SUPPORT 13,411
PAYMENT BECAUSE OF A DENIAL OF OR INTERFERENCE WITH A RIGHT OF 13,412
PARENTING TIME OR VISITATION INCLUDED AS A SPECIFIC PROVISION OF 13,415
THE CHILD SUPPORT ORDER OR AS A METHOD OF ENFORCING THE SPECIFIC 13,416
PROVISIONS OF THE CHILD SUPPORT ORDER DEALING WITH PARENTING TIME 13,417
OR VISITATION.
Sec. 3119.22. THE COURT MAY ORDER AN AMOUNT OF CHILD 13,419
SUPPORT THAT DEVIATES FROM THE AMOUNT OF CHILD SUPPORT THAT WOULD 13,420
OTHERWISE RESULT FROM THE USE OF THE BASIC CHILD SUPPORT SCHEDULE 13,421
AND THE APPLICABLE WORKSHEET, THROUGH THE LINE ESTABLISHING THE 13,422
ACTUAL ANNUAL OBLIGATION, IF, AFTER CONSIDERING THE FACTORS AND 13,423
CRITERIA SET FORTH IN SECTION 3119.23 OF THE REVISED CODE, THE 13,424
COURT DETERMINES THAT THE AMOUNT CALCULATED PURSUANT TO THE BASIC 13,425
CHILD SUPPORT SCHEDULE AND THE APPLICABLE WORKSHEET, THROUGH THE 13,426
LINE ESTABLISHING THE ACTUAL ANNUAL OBLIGATION, WOULD BE UNJUST 13,427
OR INAPPROPRIATE AND WOULD NOT BE IN THE BEST INTEREST OF THE 13,428
CHILD.
IF IT DEVIATES, THE COURT MUST ENTER IN THE JOURNAL THE 13,430
AMOUNT OF CHILD SUPPORT CALCULATED PURSUANT TO THE BASIC CHILD 13,431
SUPPORT SCHEDULE AND THE APPLICABLE WORKSHEET, THROUGH THE LINE 13,432
ESTABLISHING THE ACTUAL ANNUAL OBLIGATION, ITS DETERMINATION THAT 13,433
THAT AMOUNT WOULD BE UNJUST OR INAPPROPRIATE AND WOULD NOT BE IN 13,434
THE BEST INTEREST OF THE CHILD, AND FINDINGS OF FACT SUPPORTING 13,435
THAT DETERMINATION.
Sec. 3119.23. THE COURT MAY CONSIDER ANY OF THE FOLLOWING 13,438
FACTORS IN DETERMINING WHETHER TO GRANT A DEVIATION PURSUANT TO 13,439
SECTION 3119.22 OF THE REVISED CODE: 13,440
(A) SPECIAL AND UNUSUAL NEEDS OF THE CHILDREN; 13,442
(B) EXTRAORDINARY OBLIGATIONS FOR MINOR CHILDREN OR 13,444
308
OBLIGATIONS FOR HANDICAPPED CHILDREN WHO ARE NOT STEPCHILDREN AND 13,445
WHO ARE NOT OFFSPRING FROM THE MARRIAGE OR RELATIONSHIP THAT IS 13,446
THE BASIS OF THE IMMEDIATE CHILD SUPPORT DETERMINATION; 13,447
(C) OTHER COURT-ORDERED PAYMENTS; 13,449
(D) EXTENDED PARENTING TIME OR EXTRAORDINARY COSTS 13,452
ASSOCIATED WITH PARENTING TIME, PROVIDED THAT THIS DIVISION DOES 13,454
NOT AUTHORIZE AND SHALL NOT BE CONSTRUED AS AUTHORIZING ANY 13,455
DEVIATION FROM THE SCHEDULE AND THE APPLICABLE WORKSHEET, THROUGH 13,456
THE LINE ESTABLISHING THE ACTUAL ANNUAL OBLIGATION, OR ANY 13,458
ESCROWING, IMPOUNDMENT, OR WITHHOLDING OF CHILD SUPPORT BECAUSE 13,459
OF A DENIAL OF OR INTERFERENCE WITH A RIGHT OF PARENTING TIME 13,461
GRANTED BY COURT ORDER; 13,462
(E) THE OBLIGOR OBTAINING ADDITIONAL EMPLOYMENT AFTER A 13,464
CHILD SUPPORT ORDER IS ISSUED IN ORDER TO SUPPORT A SECOND 13,465
FAMILY; 13,466
(F) THE FINANCIAL RESOURCES AND THE EARNING ABILITY OF THE 13,468
CHILD; 13,469
(G) DISPARITY IN INCOME BETWEEN PARTIES OR HOUSEHOLDS; 13,471
(H) BENEFITS THAT EITHER PARENT RECEIVES FROM REMARRIAGE 13,473
OR SHARING LIVING EXPENSES WITH ANOTHER PERSON; 13,474
(I) THE AMOUNT OF FEDERAL, STATE, AND LOCAL TAXES ACTUALLY 13,476
PAID OR ESTIMATED TO BE PAID BY A PARENT OR BOTH OF THE PARENTS; 13,477
(J) SIGNIFICANT IN-KIND CONTRIBUTIONS FROM A PARENT, 13,479
INCLUDING, BUT NOT LIMITED TO, DIRECT PAYMENT FOR LESSONS, SPORTS 13,480
EQUIPMENT, SCHOOLING, OR CLOTHING; 13,481
(K) THE RELATIVE FINANCIAL RESOURCES, OTHER ASSETS AND 13,483
RESOURCES, AND NEEDS OF EACH PARENT; 13,484
(L) THE STANDARD OF LIVING AND CIRCUMSTANCES OF EACH 13,486
PARENT AND THE STANDARD OF LIVING THE CHILD WOULD HAVE ENJOYED 13,487
HAD THE MARRIAGE CONTINUED OR HAD THE PARENTS BEEN MARRIED; 13,488
(M) THE PHYSICAL AND EMOTIONAL CONDITION AND NEEDS OF THE 13,490
CHILD; 13,491
(N) THE NEED AND CAPACITY OF THE CHILD FOR AN EDUCATION 13,493
AND THE EDUCATIONAL OPPORTUNITIES THAT WOULD HAVE BEEN AVAILABLE 13,494
309
TO THE CHILD HAD THE CIRCUMSTANCES REQUIRING A COURT ORDER FOR 13,495
SUPPORT NOT ARISEN; 13,496
(O) THE RESPONSIBILITY OF EACH PARENT FOR THE SUPPORT OF 13,498
OTHERS; 13,499
(P) ANY OTHER RELEVANT FACTOR. 13,501
THE COURT MAY ACCEPT AN AGREEMENT OF THE PARENTS THAT 13,503
ASSIGNS A MONETARY VALUE TO ANY OF THE FACTORS AND CRITERIA 13,504
LISTED IN THIS SECTION THAT ARE APPLICABLE TO THEIR SITUATION. 13,507
IF THE COURT GRANTS A DEVIATION BASED ON DIVISION (P) OF 13,510
THIS SECTION, IT SHALL SPECIFICALLY STATE IN THE ORDER THE FACTS 13,512
THAT ARE THE BASIS FOR THE DEVIATION.
Sec. 3119.24. (A)(1) A COURT THAT ISSUES A SHARED 13,514
PARENTING ORDER IN ACCORDANCE WITH SECTION 3109.04 OF THE REVISED 13,516
CODE SHALL ORDER AN AMOUNT OF CHILD SUPPORT TO BE PAID UNDER THE 13,517
CHILD SUPPORT ORDER THAT IS CALCULATED IN ACCORDANCE WITH THE 13,518
SCHEDULE AND WITH THE WORKSHEET SET FORTH IN SECTION 3119.022 OF 13,520
THE REVISED CODE, THROUGH THE LINE ESTABLISHING THE ACTUAL ANNUAL 13,521
OBLIGATION, EXCEPT THAT, IF THAT AMOUNT WOULD BE UNJUST OR 13,522
INAPPROPRIATE TO THE CHILDREN OR EITHER PARENT AND WOULD NOT BE 13,523
IN THE BEST INTEREST OF THE CHILD BECAUSE OF THE EXTRAORDINARY 13,524
CIRCUMSTANCES OF THE PARENTS OR BECAUSE OF ANY OTHER FACTORS OR 13,525
CRITERIA SET FORTH IN SECTION 3119.23 OF THE REVISED CODE, THE 13,526
COURT MAY DEVIATE FROM THAT AMOUNT. 13,528
(2) THE COURT SHALL CONSIDER EXTRAORDINARY CIRCUMSTANCES 13,530
AND OTHER FACTORS OR CRITERIA IF IT DEVIATES FROM THE AMOUNT 13,531
DESCRIBED IN DIVISION (A)(1) OF THIS SECTION AND SHALL ENTER IN 13,533
THE JOURNAL THE AMOUNT DESCRIBED IN DIVISION (A)(1) OF THIS 13,534
SECTION ITS DETERMINATION THAT THE AMOUNT WOULD BE UNJUST OR 13,535
INAPPROPRIATE AND WOULD NOT BE IN THE BEST INTEREST OF THE CHILD, 13,536
AND FINDINGS OF FACT SUPPORTING ITS DETERMINATION. 13,537
(B) FOR THE PURPOSES OF THIS SECTION, "EXTRAORDINARY 13,539
CIRCUMSTANCES OF THE PARENTS" INCLUDES ALL OF THE FOLLOWING: 13,541
(1) THE AMOUNT OF TIME THE CHILDREN SPEND WITH EACH 13,543
PARENT; 13,544
310
(2) THE ABILITY OF EACH PARENT TO MAINTAIN ADEQUATE 13,546
HOUSING FOR THE CHILDREN; 13,547
(3) EACH PARENT'S EXPENSES, INCLUDING CHILD CARE EXPENSES, 13,550
SCHOOL TUITION, MEDICAL EXPENSES, DENTAL EXPENSES, AND ANY OTHER 13,551
EXPENSES THE COURT CONSIDERS RELEVANT;
(4) ANY OTHER CIRCUMSTANCES THE COURT CONSIDERS RELEVANT. 13,553
Sec. 3119.27. A COURT THAT ISSUES OR MODIFIES A COURT 13,557
SUPPORT ORDER, OR AN ADMINISTRATIVE AGENCY THAT ISSUES OR 13,558
MODIFIES AN ADMINISTRATIVE CHILD SUPPORT ORDER, SHALL IMPOSE ON 13,559
THE OBLIGOR UNDER THE SUPPORT ORDER A PROCESSING CHARGE THAT IS 13,560
THE GREATER OF TWO PER CENT OF THE SUPPORT PAYMENT TO BE 13,561
COLLECTED UNDER A SUPPORT ORDER OR ONE DOLLAR PER MONTH. NO 13,562
COURT OR AGENCY MAY CALL THE CHARGE A POUNDAGE FEE. 13,563
Sec. 3119.28. (A) AS USED IN THIS SECTION, "CURRENT 13,565
SUPPORT PAYMENT" MEANS THE AMOUNT OF SUPPORT DUE AN OBLIGEE THAT 13,567
AN OBLIGOR IS REQUIRED TO PAY IN A PARTICULAR PAYMENT FOR THE 13,568
CURRENT MONTH AS SPECIFIED IN A SUPPORT ORDER. "CURRENT SUPPORT 13,569
PAYMENT" DOES NOT INCLUDE PAYMENTS ON ARREARAGES UNDER THE 13,570
SUPPORT ORDER.
(B) THE OBLIGOR SHALL PAY THE AMOUNT IMPOSED PURSUANT TO 13,573
SECTION 3119.27 OF THE REVISED CODE WITH EVERY CURRENT SUPPORT 13,574
PAYMENT, AND WITH EVERY PAYMENT ON ARREARAGES. 13,575
Sec. 3119.30. IN ANY ACTION OR PROCEEDING IN WHICH A CHILD 13,577
SUPPORT ORDER IS ISSUED OR MODIFIED, THE COURT, WITH RESPECT TO 13,579
COURT CHILD SUPPORT ORDERS, AND THE CHILD SUPPORT ENFORCEMENT 13,580
AGENCY, WITH RESPECT TO ADMINISTRATIVE CHILD SUPPORT ORDERS, 13,581
SHALL DETERMINE THE PARENT RESPONSIBLE FOR THE HEALTH CARE OF THE 13,582
CHILDREN SUBJECT TO THE CHILD SUPPORT ORDER AND SHALL INCLUDE IN
THE ORDER ONE OF THE FOLLOWING: 13,583
(A) A REQUIREMENT THAT THE OBLIGOR UNDER THE CHILD SUPPORT 13,585
ORDER OBTAIN HEALTH INSURANCE COVERAGE FOR THE CHILDREN IF 13,586
COVERAGE IS AVAILABLE AT A REASONABLE COST THROUGH A GROUP 13,587
POLICY, CONTRACT, OR PLAN OFFERED BY THE OBLIGOR'S EMPLOYER OR 13,589
THROUGH ANY OTHER GROUP POLICY, CONTRACT, OR PLAN AVAILABLE TO 13,590
311
THE OBLIGOR AND IS NOT AVAILABLE FOR A MORE REASONABLE COST 13,593
THROUGH A GROUP POLICY, CONTRACT, OR PLAN AVAILABLE TO THE 13,595
OBLIGEE;
(B) A REQUIREMENT THAT THE OBLIGEE OBTAIN HEALTH INSURANCE 13,598
COVERAGE FOR THE CHILDREN IF COVERAGE IS AVAILABLE THROUGH A 13,599
GROUP POLICY, CONTRACT, OR PLAN OFFERED BY THE OBLIGEE'S EMPLOYER 13,601
OR THROUGH ANY OTHER GROUP POLICY, CONTRACT, OR PLAN AVAILABLE TO 13,602
THE OBLIGEE AND IS AVAILABLE AT A MORE REASONABLE COST THAN 13,603
COVERAGE IS AVAILABLE TO THE OBLIGOR; 13,605
(C) IF HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS NOT 13,607
AVAILABLE AT A REASONABLE COST THROUGH A GROUP POLICY, CONTRACT, 13,610
OR PLAN OFFERED BY THE OBLIGOR'S OR OBLIGEE'S EMPLOYER OR THROUGH 13,611
ANY OTHER GROUP POLICY, CONTRACT, OR PLAN AVAILABLE TO THE 13,614
OBLIGOR OR THE OBLIGEE, A REQUIREMENT THAT THE OBLIGOR AND THE 13,615
OBLIGEE SHARE LIABILITY FOR THE COST OF THE MEDICAL AND HEALTH 13,616
CARE NEEDS OF THE CHILDREN, UNDER AN EQUITABLE FORMULA
ESTABLISHED BY THE COURT, AND A REQUIREMENT THAT IF, AFTER THE 13,618
ISSUANCE OF THE ORDER, HEALTH INSURANCE COVERAGE FOR THE CHILDREN 13,619
BECOMES AVAILABLE AT A REASONABLE COST THROUGH A GROUP POLICY, 13,621
CONTRACT, OR PLAN OFFERED BY THE OBLIGOR'S OR OBLIGEE'S EMPLOYER 13,622
OR THROUGH ANY OTHER GROUP POLICY, CONTRACT, OR PLAN AVAILABLE TO 13,624
THE OBLIGOR OR OBLIGEE, THE OBLIGOR OR OBLIGEE TO WHOM THE 13,625
COVERAGE BECOMES AVAILABLE IMMEDIATELY INFORM THE COURT;
(D) A REQUIREMENT THAT BOTH THE OBLIGOR AND THE OBLIGEE 13,628
OBTAIN HEALTH INSURANCE COVERAGE FOR THE CHILDREN IF COVERAGE IS 13,630
AVAILABLE FOR THE CHILDREN AT A REASONABLE COST TO BOTH THE 13,631
OBLIGOR AND THE OBLIGEE AND DUAL COVERAGE BY BOTH PARENTS WOULD 13,632
PROVIDE FOR COORDINATION OF MEDICAL BENEFITS WITHOUT UNNECESSARY 13,633
DUPLICATION OF COVERAGE.
Sec. 3119.301. AN ORDER ISSUED PURSUANT TO FORMER SECTION 13,636
3111.241 OR 3113.217 OF THE REVISED CODE AS THOSE SECTIONS
EXISTED PRIOR TO JANUARY 1, 1998, THAT WAS NOT TERMINATED ON OR 13,637
AFTER THAT DATE, AND THAT PROVIDES FOR THE HEALTH CARE NEEDS OF 13,638
CHILDREN SUBJECT TO A CHILD SUPPORT ORDER SHALL BE CONSIDERED TO 13,639
312
BE A REQUIREMENT INCLUDED AS PART OF THE CHILD SUPPORT ORDER. 13,640
THE CHILD SUPPORT ORDER SHALL BE CONSIDERED TO HAVE BEEN ISSUED 13,641
IN ACCORDANCE WITH FORMER SECTION 3111.241 OR 3113.217 OF THE 13,642
REVISED CODE AS THOSE SECTIONS EXISTED ON AND AFTER JANUARY 1,
1998, AND PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. A CHILD 13,643
SUPPORT ORDER ISSUED IN ACCORDANCE WITH, OR ANY NOTICE ISSUED 13,644
UNDER, FORMER SECTION 3111.241 OR 3113.217 OF THE REVISED CODE AS 13,645
THOSE SECTIONS EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION THAT WAS NOT TERMINATED ON OR AFTER THAT DATE SHALL BE 13,646
SUBJECT TO SECTIONS 3119.30 TO 3119.58 OF THE REVISED CODE ON AND 13,647
AFTER THAT DATE.
Sec. 3119.31. A CHILD SUPPORT ORDER SHALL CONTAIN ALL OF 13,650
THE FOLLOWING: 13,651
(A) IF THE OBLIGOR, OR BOTH THE OBLIGOR AND OBLIGEE, ARE 13,654
REQUIRED UNDER SECTION 3119.30 OF THE REVISED CODE TO PROVIDE 13,656
HEALTH INSURANCE COVERAGE FOR THE CHILDREN, A REQUIREMENT THAT 13,657
WHOEVER IS REQUIRED TO OBTAIN THE HEALTH INSURANCE COVERAGE DO 13,658
ALL OF THE FOLLOWING:
(1) PROVIDE THE OTHER WITH INFORMATION REGARDING THE 13,662
BENEFITS, LIMITATIONS, AND EXCLUSIONS OF THE COVERAGE, COPIES OF 13,663
ANY INSURANCE FORMS NECESSARY TO RECEIVE REIMBURSEMENT, PAYMENT, 13,664
OR OTHER BENEFITS UNDER THE COVERAGE, AND A COPY OF ANY NECESSARY 13,665
INSURANCE CARDS;
(2) SUBMIT A COPY OF THE CHILD SUPPORT ORDER ISSUED 13,669
PURSUANT TO SECTION 3119.30 OF THE REVISED CODE TO THE INSURER AT 13,670
THE TIME OF MAKING APPLICATION TO ENROLL THE CHILDREN UNDER THE 13,672
HEALTH INSURANCE POLICY, CONTRACT, OR PLAN; 13,673
(3) FURNISH WRITTEN PROOF TO THE CHILD SUPPORT ENFORCEMENT 13,676
AGENCY OF COMPLIANCE WITH THIS DIVISION.
(B) A LIST OF THE GROUP HEALTH INSURANCE POLICIES, 13,679
CONTRACTS, AND PLANS THAT THE COURT, WITH RESPECT TO A COURT 13,680
CHILD SUPPORT ORDER, OR THE CHILD SUPPORT ENFORCEMENT AGENCY,
WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER, DETERMINES 13,681
ARE AVAILABLE AT A REASONABLE COST TO THE OBLIGOR OR TO THE 13,682
313
OBLIGEE AND THE NAME OF THE INSURER THAT ISSUES EACH POLICY, 13,683
CONTRACT, OR PLAN; 13,684
(C) A STATEMENT SETTING FORTH THE NAME, ADDRESS, AND 13,686
TELEPHONE NUMBER OF THE INDIVIDUAL WHO IS TO BE REIMBURSED FOR 13,687
OUT-OF-POCKET MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION 13,688
EXPENSES PAID FOR EACH CHILD AND A STATEMENT THAT THE INSURER 13,689
THAT PROVIDES THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN MAY 13,691
CONTINUE MAKING PAYMENT FOR MEDICAL, OPTICAL, HOSPITAL, DENTAL, 13,692
OR PRESCRIPTION SERVICES DIRECTLY TO ANY HEALTH CARE PROVIDER IN 13,693
ACCORDANCE WITH THE APPLICABLE HEALTH INSURANCE POLICY, CONTRACT, 13,694
OR PLAN; 13,695
(D) A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE 13,697
DESIGNATE THE CHILDREN AS COVERED DEPENDENTS UNDER ANY HEALTH 13,699
INSURANCE POLICY, CONTRACT, OR PLAN FOR WHICH THEY CONTRACT; 13,700
(E) A REQUIREMENT THAT THE OBLIGOR, THE OBLIGEE, OR BOTH 13,702
OF THEM UNDER A FORMULA ESTABLISHED BY THE COURT, WITH RESPECT TO 13,703
A COURT CHILD SUPPORT ORDER, OR THE CHILD SUPPORT ENFORCEMENT 13,704
AGENCY, WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER, 13,705
PAY CO-PAYMENT OR DEDUCTIBLE COSTS REQUIRED UNDER THE HEALTH 13,706
INSURANCE POLICY, CONTRACT, OR PLAN THAT COVERS THE CHILDREN; 13,707
(F) A NOTICE THAT THE EMPLOYER OF THE OBLIGOR OR OBLIGEE 13,710
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IS REQUIRED TO 13,712
RELEASE TO THE OTHER PARENT OR THE CHILD SUPPORT ENFORCEMENT 13,713
AGENCY ON WRITTEN REQUEST ANY NECESSARY INFORMATION ON THE HEALTH 13,714
INSURANCE COVERAGE, INCLUDING THE NAME AND ADDRESS OF THE INSURER 13,715
AND ANY POLICY, CONTRACT, OR PLAN NUMBER, AND TO OTHERWISE COMPLY 13,716
WITH THIS SECTION AND ANY ORDER OR NOTICE ISSUED UNDER THIS 13,717
SECTION; 13,718
(G) A STATEMENT SETTING FORTH THE FULL NAME AND DATE OF 13,720
BIRTH OF EACH CHILD WHO IS THE SUBJECT OF THE CHILD SUPPORT 13,721
ORDER; 13,722
(H) A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE COMPLY 13,724
WITH ANY REQUIREMENT DESCRIBED IN SECTION 3119.30 OF THE REVISED 13,725
CODE AND DIVISIONS (A) AND (D) OF THIS SECTION THAT IS CONTAINED 13,726
314
IN AN ORDER ISSUED IN COMPLIANCE WITH THIS SECTION NO LATER THAN 13,728
THIRTY DAYS AFTER THE ISSUANCE OF THE ORDER; 13,730
(I) A NOTICE THAT IF THE OBLIGOR OR OBLIGEE FAILS TO 13,734
OBTAIN HEALTH INSURANCE COVERAGE REQUIRED BY A CHILD SUPPORT
ORDER, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL COMPLY WITH 13,736
SECTIONS 3119.40 AND 3119.41 OF THE REVISED CODE TO OBTAIN A 13,737
COURT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO OBTAIN THE HEALTH 13,739
INSURANCE COVERAGE;
(J) A NOTICE THAT STATES THE FOLLOWING: "IF THE PERSON 13,741
REQUIRED TO OBTAIN HEALTH CARE INSURANCE COVERAGE FOR THE 13,742
CHILDREN SUBJECT TO THIS CHILD SUPPORT ORDER OBTAINS NEW 13,743
EMPLOYMENT AND THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS 13,744
PROVIDED THROUGH THE PREVIOUS EMPLOYER, THE AGENCY SHALL COMPLY 13,745
WITH THE REQUIREMENTS OF SECTIONS 3119.43 AND 3119.44 OF THE 13,747
REVISED CODE, WHICH MAY RESULT IN THE ISSUANCE OF A NOTICE 13,748
REQUIRING THE NEW EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY 13,749
TO ENROLL THE CHILDREN IN HEALTH CARE INSURANCE COVERAGE PROVIDED 13,750
BY THE NEW EMPLOYER."
Sec. 3119.33. AN OBLIGEE UNDER A COURT CHILD SUPPORT ORDER 13,753
MAY FILE A MOTION WITH THE COURT THAT ISSUED THE ORDER REQUESTING 13,754
THAT THE COURT MODIFY THE ORDER TO REQUIRE THE OBLIGOR TO OBTAIN 13,755
HEALTH INSURANCE COVERAGE FOR THE CHILDREN WHO ARE THE SUBJECT OF 13,756
THE ORDER. AN OBLIGOR UNDER A COURT CHILD SUPPORT ORDER MAY FILE 13,757
A MOTION WITH THE COURT THAT ISSUED THE ORDER REQUESTING THAT THE 13,758
COURT MODIFY THE ORDER TO REQUIRE THE OBLIGEE TO OBTAIN HEALTH 13,759
INSURANCE COVERAGE FOR THOSE CHILDREN. 13,760
Sec. 3119.34. ON THE FILING OF A MOTION DESCRIBED IN 13,762
SECTION 3119.33 OF THE REVISED CODE, THE COURT SHALL ORDER THE 13,764
CHILD SUPPORT ENFORCEMENT AGENCY TO CONDUCT AN INVESTIGATION TO 13,765
DETERMINE WHETHER THE OBLIGOR OR OBLIGEE HAS SATISFACTORY HEALTH 13,766
INSURANCE COVERAGE FOR THE CHILDREN. UPON COMPLETION OF ITS 13,767
INVESTIGATION, THE AGENCY SHALL INFORM THE COURT, IN WRITING, OF 13,768
ITS DETERMINATION.
Sec. 3119.35. IF THE COURT DETERMINES THAT NEITHER THE 13,771
315
OBLIGOR NOR THE OBLIGEE HAS SATISFACTORY HEALTH INSURANCE 13,772
COVERAGE FOR THE CHILDREN, IT SHALL MODIFY THE COURT CHILD 13,773
SUPPORT ORDER IN ACCORDANCE WITH SECTIONS 3119.30 AND 3119.31 OF 13,774
THE REVISED CODE.
Sec. 3119.37. AN OBLIGOR OR OBLIGEE UNDER A COURT CHILD 13,777
SUPPORT ORDER MAY FILE A MOTION WITH THE COURT THAT ISSUED THE 13,778
ORDER REQUESTING THAT THE COURT MODIFY THE AMOUNT OF CHILD 13,779
SUPPORT REQUIRED TO BE PAID UNDER THE ORDER BECAUSE THAT AMOUNT 13,780
DOES NOT ADEQUATELY COVER THE MEDICAL NEEDS OF THE CHILD.
Sec. 3119.38. ON THE FILING OF A MOTION DESCRIBED IN 13,783
SECTION 3119.37 OF THE REVISED CODE, THE COURT SHALL DETERMINE 13,784
WHETHER THE AMOUNT OF CHILD SUPPORT REQUIRED TO BE PAID UNDER THE 13,785
COURT CHILD SUPPORT ORDER ADEQUATELY COVERS THE MEDICAL NEEDS OF 13,787
THE CHILD AND WHETHER TO MODIFY THE ORDER. 13,788
Sec. 3119.40. IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN 13,790
HEALTH INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER 13,791
ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE 13,792
DOES NOT OBTAIN THE REQUIRED COVERAGE WITHIN THIRTY DAYS AFTER 13,794
THE ORDER IS ISSUED, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL 13,795
NOTIFY THE COURT THAT ISSUED THE COURT CHILD SUPPORT ORDER OR, 13,796
WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER, THE COURT 13,797
OF COMMON PLEAS OF THE COUNTY IN WHICH THE AGENCY IS LOCATED, IN
WRITING OF THE FAILURE OF THE OBLIGOR OR OBLIGEE TO COMPLY WITH 13,799
THE CHILD SUPPORT ORDER. 13,800
Sec. 3119.41. ON RECEIPT OF A NOTICE DESCRIBED IN SECTION 13,803
3119.40 OF THE REVISED CODE FROM THE CHILD SUPPORT ENFORCEMENT 13,804
AGENCY, THE COURT SHALL ISSUE AN ORDER TO THE EMPLOYER OF THE 13,805
OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE 13,806
REQUIRING THE EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY TO 13,807
MAKE APPLICATION TO ENROLL THE OBLIGOR OR OBLIGEE REQUIRED TO 13,808
OBTAIN HEALTH INSURANCE COVERAGE IN ANY AVAILABLE GROUP HEALTH 13,809
INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN WITH COVERAGE 13,810
FOR THE CHILDREN, TO SUBMIT A COPY OF THE CHILD SUPPORT ORDER TO 13,813
THE INSURER AT THE TIME THAT THE EMPLOYER MAKES APPLICATION TO
316
ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE 13,814
POLICY, CONTRACT, OR PLAN, AND, IF THE APPLICATION IS ACCEPTED, 13,816
TO DEDUCT FROM THE WAGES OR OTHER INCOME OF THE OBLIGOR OR 13,817
OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE THE COST OF
THE COVERAGE FOR THE CHILDREN. THE COURT SHALL INCLUDE WITH THE 13,818
ORDER ISSUED UNDER THIS SECTION A COPY OF THE CHILD SUPPORT ORDER 13,819
REQUIRING HEALTH INSURANCE COVERAGE FOR THE CHILDREN SUBJECT TO 13,820
THE CHILD SUPPORT ORDER. THE COURT SHALL SEND COPIES OF THE 13,821
ORDERS BY ORDINARY MAIL TO THE OBLIGOR, OBLIGEE, AND EMPLOYER 13,822
SUBJECT TO THE ORDERS. UPON RECEIPT OF ANY ORDER UNDER THIS 13,824
SECTION, THE EMPLOYER SHALL TAKE WHATEVER ACTION IS NECESSARY TO 13,825
COMPLY WITH THE ORDER.
Sec. 3119.43. IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN 13,828
HEALTH INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER 13,829
OBTAINS HEALTH INSURANCE COVERAGE FOR THE CHILDREN THROUGH AN 13,830
EMPLOYER AND SUBSEQUENTLY OBTAINS NEW EMPLOYMENT, THE CHILD 13,831
SUPPORT ENFORCEMENT AGENCY SHALL INVESTIGATE AND DETERMINE 13,832
WHETHER THE NEW EMPLOYER OFFERS HEALTH INSURANCE COVERAGE THAT 13,833
WOULD COVER THE CHILDREN.
Sec. 3119.44. IF THE CHILD SUPPORT ENFORCEMENT AGENCY 13,835
DETERMINES THAT THE NEW EMPLOYER DESCRIBED IN SECTION 3119.43 OF 13,836
THE REVISED CODE PROVIDES HEALTH INSURANCE COVERAGE THAT WOULD 13,838
COVER THE CHILDREN, THE AGENCY SHALL SEND, BY ORDINARY MAIL, A 13,839
NOTICE DESCRIBED IN SECTION 3119.45 OF THE REVISED CODE TO THE 13,840
NEW EMPLOYER. THE AGENCY SHALL ALSO SEND, BY ORDINARY MAIL, A 13,841
COPY OF THE NOTICE TO THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN 13,843
HEALTH INSURANCE COVERAGE UNDER THE CHILD SUPPORT ORDER.
Sec. 3119.45. THE NOTICE REQUIRED BY SECTION 3119.44 OF 13,846
THE REVISED CODE SHALL CONTAIN THE FOLLOWING: 13,847
(A) A STATEMENT THAT THE OBLIGOR OR OBLIGEE SUBJECT TO A 13,849
CHILD SUPPORT ORDER, OR BOTH OF THEM, ARE REQUIRED TO OBTAIN 13,851
PURSUANT TO THE ORDER HEALTH INSURANCE COVERAGE IN ANY AVAILABLE 13,853
GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN
FOR THE CHILDREN WHO ARE THE SUBJECT OF THE ORDER; 13,855
317
(B) A REQUIREMENT THAT THE NEW EMPLOYER TAKE WHATEVER 13,858
ACTION IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR 13,859
OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY 13,860
AVAILABLE GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, 13,861
OR PLAN WITH COVERAGE FOR THE CHILDREN;
(C) A REQUIREMENT THAT THE NEW EMPLOYER SUBMIT A COPY OF 13,864
THE NOTICE DESCRIBED UNDER SECTION 3119.44 OF THE REVISED CODE TO 13,865
THE INSURER AT THE TIME THAT THE EMPLOYER MAKES APPLICATION TO 13,866
ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE 13,867
POLICY, CONTRACT, OR PLAN; 13,868
(D) A REQUIREMENT THAT, IF THE APPLICATION IS ACCEPTED, 13,871
THE NEW EMPLOYER DEDUCT FROM THE WAGES OR OTHER INCOME OF THE 13,872
OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN THE HEALTH INSURANCE 13,873
COVERAGE THE COST OF THE COVERAGE FOR THE CHILDREN; 13,874
(E) A STATEMENT THAT THE PROVISIONS OF THE NOTICE ARE 13,877
FINAL AND ENFORCEABLE BY A COURT AND ARE INCORPORATED INTO THE 13,878
CHILD SUPPORT ORDER UNLESS THE OBLIGOR OR OBLIGEE REQUIRED TO 13,879
OBTAIN HEALTH INSURANCE COVERAGE, WITHIN TEN DAYS AFTER THE DATE 13,880
ON WHICH THE NOTICE IS SENT, FILES A WRITTEN REQUEST WITH THE 13,881
AGENCY REQUESTING MODIFICATION OF THE CHILD SUPPORT ORDER.
Sec. 3119.46. THE DEPARTMENT OF JOB AND FAMILY SERVICES 13,883
SHALL ADOPT STANDARD FORMS FOR THE NOTICES REQUIRED BY SECTION 13,885
3119.44 OF THE REVISED CODE. ALL CHILD SUPPORT ENFORCEMENT 13,886
AGENCIES SHALL USE THE FORMS IN ISSUING NOTICES UNDER THAT
SECTION. 13,887
Sec. 3119.47. A CHILD SUPPORT ORDER ISSUED IN ACCORDANCE 13,890
WITH SECTION 3119.30 OF THE REVISED CODE, ANY ORDER ISSUED UNDER
SECTION 3119.41 OF THE REVISED CODE, OR NOTICE ISSUED PURSUANT TO 13,891
SECTION 3119.44 OF THE REVISED CODE IS BINDING ON THE OBLIGOR AND 13,893
THE OBLIGEE, THEIR EMPLOYERS, AND ANY INSURER THAT PROVIDES 13,894
HEALTH INSURANCE COVERAGE FOR EITHER OF THEM OR THEIR CHILDREN. 13,895
Sec. 3119.48. DURING THE TIME THAT ANY CHILD SUPPORT ORDER 13,897
ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE, AN 13,898
ORDER ISSUED UNDER SECTION 3119.41 OF THE REVISED CODE, OR A 13,899
318
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 13,901
OR NOTICE, THE EMPLOYER OF THE OBLIGOR OR OBLIGEE REQUIRED TO 13,902
PROVIDE HEALTH INSURANCE COVERAGE SHALL COMPLY WITH THE ORDER OR 13,903
NOTICE.
Sec. 3119.49. ON REQUEST FROM THE OTHER PARENT OR THE 13,906
CHILD SUPPORT ENFORCEMENT AGENCY, THE EMPLOYER OF THE OBLIGOR OR 13,907
OBLIGEE REQUIRED TO PROVIDE HEALTH INSURANCE COVERAGE SHALL
RELEASE TO THE OTHER PARENT AND THE AGENCY ALL INFORMATION ABOUT 13,909
THE HEALTH INSURANCE COVERAGE THAT IS NECESSARY TO ENSURE 13,910
COMPLIANCE WITH SECTION 3119.30 OF THE REVISED CODE, AN ORDER 13,911
ISSUED UNDER SECTION 3119.41 OF THE REVISED CODE, OR A NOTICE 13,912
ISSUED UNDER SECTION 3119.44 OF THE REVISED CODE, THE NAME AND 13,913
ADDRESS OF THE INSURER, AND ANY POLICY, CONTRACT, OR PLAN NUMBER. 13,914
Sec. 3119.491. INFORMATION PROVIDED BY AN EMPLOYER 13,916
PURSUANT TO SECTION 3119.49 OF THE REVISED CODE SHALL BE USED 13,917
ONLY FOR THE PURPOSE OF THE ENFORCEMENT OF AN ORDER ISSUED IN 13,918
ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE, AN ORDER
ISSUED UNDER SECTION 3119.41 OF THE REVISED CODE, OR A NOTICE 13,919
ISSUED PURSUANT TO SECTION 3119.44 OF THE REVISED CODE.
Sec. 3119.50. ANY EMPLOYER WHO RECEIVES A COPY OF AN ORDER 13,921
OR NOTICE DESCRIBED IN SECTION 3119.30, 3119.41, OR 3119.44 OF 13,923
THE REVISED CODE SHALL NOTIFY THE CHILD SUPPORT ENFORCEMENT 13,924
AGENCY OF ANY CHANGE IN OR THE TERMINATION OF THE HEALTH 13,925
INSURANCE COVERAGE THAT IS MAINTAINED PURSUANT TO THE ORDER OR 13,926
NOTICE.
Sec. 3119.51. AN INSURER THAT RECEIVES A COPY OF AN ORDER 13,928
OR NOTICE DESCRIBED IN SECTION 3119.30, 3119.41, OR 3119.44 OF 13,929
THE REVISED CODE SHALL COMPLY WITH IT IN ACCORDANCE WITH SECTIONS 13,930
3119.30 TO 3119.58 OF THE REVISED CODE, REGARDLESS OF THE
RESIDENCE OF THE CHILDREN. 13,931
Sec. 3119.52. AN INSURER THAT PROVIDES HEALTH INSURANCE 13,933
COVERAGE FOR THE CHILDREN WHO ARE THE SUBJECT OF A CHILD SUPPORT 13,934
ORDER IN ACCORDANCE WITH THE CHILD SUPPORT ORDER, AN ORDER ISSUED 13,936
319
UNDER SECTION 3119.41 OF THE REVISED CODE, OR A NOTICE ISSUED
PURSUANT TO SECTION 3119.44 OF THE REVISED CODE, SHALL REIMBURSE 13,938
THE PARENT WHO IS DESIGNATED TO RECEIVE REIMBURSEMENT IN THE 13,939
CHILD SUPPORT ORDER FOR COVERED OUT-OF-POCKET MEDICAL, OPTICAL, 13,940
HOSPITAL, DENTAL, OR PRESCRIPTION EXPENSES INCURRED ON BEHALF OF 13,941
THE CHILDREN.
Sec. 3119.53. NOTHING IN SECTIONS 3119.30 TO 3119.58 OF 13,943
THE REVISED CODE SHALL BE CONSTRUED TO REQUIRE AN INSURER TO 13,945
ACCEPT FOR ENROLLMENT ANY CHILD WHO DOES NOT MEET THE 13,946
UNDERWRITING STANDARDS OF THE HEALTH INSURANCE OR HEALTH CARE 13,947
POLICY, CONTRACT, OR PLAN FOR WHICH APPLICATION IS MADE.
Sec. 3119.54. IF AN OBLIGEE UNDER A CHILD SUPPORT ORDER 13,949
ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE IS 13,951
ELIGIBLE FOR MEDICAL ASSISTANCE UNDER CHAPTER 5111. OR 5115. OF 13,952
THE REVISED CODE AND THE OBLIGOR HAS OBTAINED HEALTH INSURANCE 13,953
COVERAGE, THE OBLIGEE SHALL NOTIFY ANY PHYSICIAN, HOSPITAL, OR 13,954
OTHER PROVIDER OF MEDICAL SERVICES FOR WHICH MEDICAL ASSISTANCE 13,955
IS AVAILABLE OF THE NAME AND ADDRESS OF THE OBLIGOR'S INSURER AND 13,956
OF THE NUMBER OF THE OBLIGOR'S HEALTH INSURANCE OR HEALTH CARE 13,957
POLICY, CONTRACT, OR PLAN. ANY PHYSICIAN, HOSPITAL, OR OTHER 13,958
PROVIDER OF MEDICAL SERVICES FOR WHICH MEDICAL ASSISTANCE IS 13,959
AVAILABLE UNDER CHAPTER 5111. OR 5115. OF THE REVISED CODE WHO IS 13,961
NOTIFIED UNDER THIS DIVISION OF THE EXISTENCE OF A HEALTH 13,962
INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN WITH COVERAGE 13,963
FOR CHILDREN WHO ARE ELIGIBLE FOR MEDICAL ASSISTANCE SHALL FIRST 13,964
BILL THE INSURER FOR ANY SERVICES PROVIDED FOR THOSE CHILDREN. 13,965
IF THE INSURER FAILS TO PAY ALL OR ANY PART OF A CLAIM FILED 13,966
UNDER THIS SECTION AND THE SERVICES FOR WHICH THE CLAIM IS FILED 13,967
ARE COVERED BY CHAPTER 5111. OR 5115. OF THE REVISED CODE, THE 13,969
PHYSICIAN, HOSPITAL, OR OTHER MEDICAL SERVICES PROVIDER SHALL 13,971
BILL THE REMAINING UNPAID COSTS OF THE SERVICES IN ACCORDANCE 13,972
WITH CHAPTER 5111. OR 5115. OF THE REVISED CODE. 13,973
Sec. 3119.56. AN OBLIGOR WHO FAILS TO COMPLY WITH A CHILD 13,975
SUPPORT ORDER ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE 13,977
320
REVISED CODE, OR AN ORDER ISSUED UNDER SECTION 3119.41 OF THE 13,978
REVISED CODE, IS LIABLE TO THE OBLIGEE FOR ANY MEDICAL EXPENSES 13,980
INCURRED AS A RESULT OF THE FAILURE TO COMPLY WITH THE ORDER. AN 13,982
OBLIGEE WHO FAILS TO COMPLY WITH A CHILD SUPPORT ORDER ISSUED IN 13,983
ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE, OR AN ORDER
ISSUED UNDER SECTION 3119.41 OF THE REVISED CODE, IS LIABLE TO 13,985
THE OBLIGOR FOR ANY MEDICAL EXPENSES INCURRED AS A RESULT OF THE 13,986
FAILURE TO COMPLY WITH THE ORDER.
Sec. 3119.57. WHOEVER VIOLATES A COURT CHILD SUPPORT ORDER 13,988
ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE REVISED CODE, OR 13,989
AN ORDER ISSUED UNDER SECTION 3119.41 OF THE REVISED CODE, MAY BE 13,991
PUNISHED AS FOR CONTEMPT UNDER CHAPTER 2705. OF THE REVISED CODE. 13,992
Sec. 3119.58. IF AN OBLIGOR IS FOUND IN CONTEMPT UNDER 13,995
CHAPTER 2705. FOR FAILING TO COMPLY WITH A COURT CHILD SUPPORT
ORDER ISSUED IN ACCORDANCE WITH SECTION 3119.30 OF THE REVISED 13,996
CODE, OR AN ORDER ISSUED UNDER SECTION 3119.41 OF THE REVISED 13,997
CODE, TO ENFORCE A COURT CHILD SUPPORT ORDER'S HEALTH INSURANCE 13,998
PROVISIONS AND THE OBLIGOR PREVIOUSLY HAS BEEN FOUND IN CONTEMPT 14,000
UNDER THAT CHAPTER, THE COURT SHALL CONSIDER THE OBLIGOR'S 14,001
FAILURE TO COMPLY WITH THE ORDER AS A CHANGE IN CIRCUMSTANCES FOR 14,003
THE PURPOSE OF MODIFICATION OF THE AMOUNT OF SUPPORT DUE UNDER 14,004
THE COURT CHILD SUPPORT ORDER ISSUED IN ACCORDANCE WITH SECTION 14,005
3119.30 OF THE REVISED CODE.
Sec. 3119.60. IF A CHILD SUPPORT ENFORCEMENT AGENCY, 14,007
PERIODICALLY OR ON REQUEST OF AN OBLIGOR OR OBLIGEE, PLANS TO 14,008
REVIEW A CHILD SUPPORT ORDER IN ACCORDANCE WITH THE RULES ADOPTED 14,009
PURSUANT TO SECTION 3119.76 OF THE REVISED CODE OR OTHERWISE 14,010
PLANS TO REVIEW A CHILD SUPPORT ORDER, IT SHALL DO ALL OF THE 14,012
FOLLOWING PRIOR TO FORMALLY BEGINNING THE REVIEW: 14,013
(A) ESTABLISH A DATE CERTAIN ON WHICH THE REVIEW WILL 14,015
FORMALLY BEGIN; 14,016
(B) AT LEAST FORTY-FIVE DAYS BEFORE FORMALLY BEGINNING THE 14,019
REVIEW, SEND THE OBLIGOR AND THE OBLIGEE NOTICE OF THE PLANNED 14,020
REVIEW AND OF THE DATE WHEN THE REVIEW WILL FORMALLY BEGIN; 14,021
321
(C)(1) REQUEST THE OBLIGOR TO PROVIDE THE AGENCY, NO LATER 14,023
THAN THE SCHEDULED DATE FOR FORMALLY BEGINNING THE REVIEW, WITH 14,024
ALL OF THE FOLLOWING: 14,025
(a) A COPY OF THE OBLIGOR'S FEDERAL INCOME TAX RETURN FROM 14,027
THE PREVIOUS YEAR; 14,028
(b) A COPY OF ALL PAY STUBS OBTAINED BY THE OBLIGOR WITHIN 14,030
THE PRECEDING SIX MONTHS; 14,031
(c) A COPY OF ALL OTHER RECORDS EVIDENCING THE RECEIPT OF 14,034
ANY OTHER SALARY, WAGES, OR COMPENSATION BY THE OBLIGOR WITHIN 14,035
THE PRECEDING SIX MONTHS;
(d) A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE 14,038
POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGOR AND THEIR 14,039
COSTS;
(e) THE CURRENT HEALTH INSURANCE OR HEALTH CARE POLICY, 14,042
CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS ENROLLED AND ITS
COST; 14,043
(f) ANY OTHER INFORMATION NECESSARY TO PROPERLY REVIEW THE 14,046
CHILD SUPPORT ORDER.
(2) REQUEST THE OBLIGEE TO PROVIDE THE AGENCY, NO LATER 14,048
THAN THE SCHEDULED DATE FOR FORMALLY BEGINNING THE REVIEW, WITH 14,050
ALL OF THE FOLLOWING:
(a) A COPY OF THE OBLIGEE'S FEDERAL INCOME TAX RETURN FROM 14,053
THE PREVIOUS YEAR;
(b) A COPY OF ALL PAY STUBS OBTAINED BY THE OBLIGEE WITHIN 14,055
THE PRECEDING SIX MONTHS; 14,056
(c) A COPY OF ALL OTHER RECORDS EVIDENCING THE RECEIPT OF 14,059
ANY OTHER SALARY, WAGES, OR COMPENSATION BY THE OBLIGEE WITHIN 14,060
THE PRECEDING SIX MONTHS;
(d) A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE 14,063
POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGEE AND THEIR 14,064
COSTS;
(e) THE CURRENT HEALTH INSURANCE OR HEALTH CARE POLICY, 14,066
CONTRACT, OR PLAN UNDER WHICH THE OBLIGEE IS ENROLLED AND ITS 14,067
COST;
322
(f) ANY OTHER INFORMATION NECESSARY TO PROPERLY REVIEW THE 14,070
CHILD SUPPORT ORDER.
(D) INCLUDE IN THE NOTICE SENT PURSUANT TO DIVISION (B) OF 14,073
THIS SECTION, ONE OF THE FOLLOWING:
(1) IF THE CHILD SUPPORT ORDER BEING REVIEWED IS A COURT 14,075
CHILD SUPPORT ORDER, A NOTICE THAT A WILLFUL FAILURE TO PROVIDE 14,077
THE DOCUMENTS AND OTHER INFORMATION REQUESTED PURSUANT TO
DIVISION (C) OF THIS SECTION IS CONTEMPT OF COURT; 14,079
(2) IF THE CHILD SUPPORT ORDER BEING REVIEWED IS AN 14,081
ADMINISTRATIVE CHILD SUPPORT ORDER, A NOTICE THAT IF EITHER THE 14,082
OBLIGOR OR OBLIGEE FAILS TO COMPLY WITH THE REQUEST FOR 14,083
INFORMATION, THE AGENCY MAY BRING AN ACTION UNDER SECTION 3119.72 14,084
OF THE REVISED CODE REQUESTING THAT THE COURT FIND THE OBLIGOR 14,085
AND THE OBLIGEE IN CONTEMPT PURSUANT TO SECTION 2705.02 OF THE
REVISED CODE.
Sec. 3119.61. THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL 14,087
REVIEW AN ADMINISTRATIVE CHILD SUPPORT ORDER ON THE DATE 14,089
ESTABLISHED PURSUANT TO SECTION 3119.60 OF THE REVISED CODE FOR
FORMALLY BEGINNING THE REVIEW OF THE ORDER. IF THE AGENCY 14,091
DETERMINES THAT A MODIFICATION IS NECESSARY AND IN THE BEST
INTEREST OF THE CHILD SUBJECT TO THE ORDER, THE AGENCY SHALL 14,092
CALCULATE THE AMOUNT THE OBLIGOR SHALL PAY IN ACCORDANCE WITH 14,093
SECTION 3119.021 OF THE REVISED CODE. THE AGENCY MAY NOT GRANT A 14,095
DEVIATION PURSUANT TO SECTION 3119.23 OF THE REVISED CODE FROM
THE GUIDELINES SET FORTH IN SECTION 3119.021 OF THE REVISED CODE. 14,096
IF THE AGENCY CAN SET THE CHILD SUPPORT THE OBLIGOR IS TO PAY 14,097
WITHOUT GRANTING SUCH A DEVIATION FROM THE GUIDELINES, THE AGENCY 14,099
SHALL DO THE FOLLOWING:
(A) GIVE THE OBLIGOR AND OBLIGEE NOTICE OF THE REVISED 14,101
AMOUNT OF CHILD SUPPORT TO BE PAID UNDER THE ADMINISTRATIVE CHILD 14,102
SUPPORT ORDER, OF THEIR RIGHT TO REQUEST AN ADMINISTRATIVE 14,103
HEARING ON THE REVISED CHILD SUPPORT AMOUNT, OF THE PROCEDURES 14,104
AND TIME DEADLINES FOR REQUESTING THE HEARING, AND THAT THE 14,105
AGENCY WILL MODIFY THE ADMINISTRATIVE CHILD SUPPORT ORDER TO
323
INCLUDE THE REVISED CHILD SUPPORT AMOUNT UNLESS THE OBLIGOR OR 14,106
OBLIGEE REQUESTS AN ADMINISTRATIVE HEARING ON THE REVISED AMOUNT 14,107
NO LATER THAN THIRTY DAYS AFTER RECEIPT OF THE NOTICE UNDER THIS 14,108
DIVISION;
(B) IF NEITHER THE OBLIGOR NOR OBLIGEE TIMELY REQUESTS AN 14,110
ADMINISTRATIVE HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT, 14,111
MODIFY THE ADMINISTRATIVE CHILD SUPPORT ORDER TO INCLUDE THE 14,112
REVISED CHILD SUPPORT AMOUNT; 14,113
(C) IF THE OBLIGOR OR OBLIGEE TIMELY REQUESTS AN 14,115
ADMINISTRATIVE HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT, DO 14,116
ALL OF THE FOLLOWING: 14,117
(1) SCHEDULE A HEARING ON THE ISSUE; 14,120
(2) GIVE THE OBLIGOR AND OBLIGEE NOTICE OF THE DATE, TIME, 14,122
AND LOCATION OF THE HEARING; 14,123
(3) CONDUCT THE HEARING IN ACCORDANCE WITH THE RULES 14,125
ADOPTED UNDER SECTION 3119.76 OF THE REVISED CODE; 14,126
(4) REDETERMINE AT THE HEARING A REVISED AMOUNT OF CHILD 14,129
SUPPORT TO BE PAID UNDER THE ADMINISTRATIVE CHILD SUPPORT ORDER; 14,130
(5) MODIFY THE ORDER TO INCLUDE THE REVISED AMOUNT OF 14,132
CHILD SUPPORT; 14,133
(6) GIVE NOTICE TO THE OBLIGOR AND OBLIGEE OF THE AMOUNT 14,135
OF CHILD SUPPORT TO BE PAID UNDER THE ORDER AND THAT THE OBLIGOR 14,136
AND OBLIGEE MAY OBJECT TO THE MODIFIED ORDER BY INITIATING AN 14,137
ACTION UNDER SECTION 2151.231 OF THE REVISED CODE IN THE JUVENILE 14,138
COURT OR OTHER COURT WITH JURISDICTION UNDER SECTION 2101.022 OR 14,139
2301.03 OF THE REVISED CODE OF THE COUNTY IN WHICH THE MOTHER, 14,140
THE FATHER, THE CHILD, OR THE GUARDIAN OR CUSTODIAN OF THE CHILD 14,141
RESIDE.
IF THE AGENCY MODIFIES AN EXISTING ADMINISTRATIVE CHILD 14,143
SUPPORT ORDER, THE MODIFICATION SHALL RELATE BACK TO THE FIRST 14,144
DAY OF THE MONTH FOLLOWING THE DATE CERTAIN ON WHICH THE REVIEW 14,145
BEGAN UNDER SECTION 3119.60 OF THE REVISED CODE.
IF THE AGENCY CANNOT SET THE AMOUNT OF CHILD SUPPORT THE 14,147
OBLIGOR WILL PAY UNDER THE ADMINISTRATIVE CHILD SUPPORT ORDER 14,148
324
WITHOUT GRANTING A DEVIATION PURSUANT TO SECTION 3119.23 OF THE 14,149
REVISED CODE, THE AGENCY SHALL BRING AN ACTION UNDER SECTION 14,150
2151.231 OF THE REVISED CODE ON BEHALF OF THE PERSON WHO 14,151
REQUESTED THAT THE AGENCY REVIEW THE EXISTING ADMINISTRATIVE 14,152
ORDER OR, IF NO ONE REQUESTED THE REVIEW, ON BEHALF OF THE
OBLIGEE, IN THE JUVENILE COURT OR OTHER COURT WITH JURISDICTION 14,154
UNDER SECTION 2101.022 OR 2301.03 OF THE REVISED CODE OF THE 14,156
COUNTY IN WHICH THE AGENCY IS LOCATED REQUESTING THAT THE COURT 14,157
ISSUE A CHILD SUPPORT ORDER.
Sec. 3119.63. THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL 14,159
REVIEW A COURT CHILD SUPPORT ORDER ON THE DATE ESTABLISHED 14,161
PURSUANT TO SECTION 3119.60 OF THE REVISED CODE FOR FORMALLY 14,162
BEGINNING THE REVIEW OF THE ORDER AND SHALL DO ALL OF THE 14,163
FOLLOWING:
(A) CALCULATE A REVISED AMOUNT OF CHILD SUPPORT TO BE PAID 14,165
UNDER THE COURT CHILD SUPPORT ORDER; 14,166
(B) GIVE THE OBLIGOR AND OBLIGEE NOTICE OF THE REVISED 14,168
AMOUNT OF CHILD SUPPORT, OF THEIR RIGHT TO REQUEST AN 14,170
ADMINISTRATIVE HEARING ON THE REVISED AMOUNT, OF THE PROCEDURES 14,171
AND TIME DEADLINES FOR REQUESTING THE HEARING, AND THAT THE 14,172
REVISED AMOUNT OF CHILD SUPPORT WILL BE SUBMITTED TO THE COURT 14,173
FOR INCLUSION IN A REVISED COURT CHILD SUPPORT ORDER UNLESS THE 14,174
OBLIGOR OR OBLIGEE REQUESTS AN ADMINISTRATIVE HEARING ON THE 14,175
PROPOSED CHANGE WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE NOTICE 14,176
UNDER THIS DIVISION;
(C) GIVE THE OBLIGOR AND OBLIGEE NOTICE THAT IF THE COURT 14,179
CHILD SUPPORT ORDER CONTAINS A DEVIATION GRANTED UNDER SECTION 14,181
3119.23 OR 3119.24 OF THE REVISED CODE OR IF THE OBLIGOR OR
OBLIGEE INTENDS TO REQUEST A DEVIATION FROM THE CHILD SUPPORT 14,183
AMOUNT TO BE PAID UNDER THE COURT CHILD SUPPORT ORDER, THE 14,184
OBLIGOR AND OBLIGEE HAVE A RIGHT TO REQUEST A COURT HEARING ON 14,185
THE REVISED AMOUNT OF CHILD SUPPORT WITHOUT FIRST REQUESTING AN 14,186
ADMINISTRATIVE HEARING AND THAT THE OBLIGOR OR OBLIGEE, IN ORDER 14,187
TO EXERCISE THIS RIGHT, MUST MAKE THE REQUEST FOR A COURT HEARING 14,188
325
NO LATER THAN FOURTEEN DAYS AFTER RECEIPT OF THE NOTICE; 14,189
(D) IF NEITHER THE OBLIGOR NOR THE OBLIGEE TIMELY 14,191
REQUESTS, PURSUANT TO DIVISION (C) OF THIS SECTION, AN 14,193
ADMINISTRATIVE OR COURT HEARING ON THE REVISED AMOUNT OF CHILD
SUPPORT, SUBMIT THE REVISED AMOUNT OF CHILD SUPPORT TO THE COURT 14,195
FOR INCLUSION IN A REVISED COURT CHILD SUPPORT ORDER; 14,196
(E) IF THE OBLIGOR OR THE OBLIGEE TIMELY REQUESTS AN 14,198
ADMINISTRATIVE HEARING ON THE REVISED CHILD SUPPORT AMOUNT, 14,199
SCHEDULE A HEARING ON THE ISSUE, GIVE THE OBLIGOR AND OBLIGEE 14,201
NOTICE OF THE DATE, TIME, AND LOCATION OF THE HEARING, CONDUCT 14,202
THE HEARING IN ACCORDANCE WITH THE RULES ADOPTED UNDER SECTION 14,203
3119.76 OF THE REVISED CODE, REDETERMINE AT THE HEARING A REVISED 14,205
AMOUNT OF CHILD SUPPORT TO BE PAID UNDER THE COURT CHILD SUPPORT 14,206
ORDER, AND GIVE NOTICE TO THE OBLIGOR AND OBLIGEE OF THE REVISED 14,207
AMOUNT OF CHILD SUPPORT, THAT THEY MAY REQUEST A COURT HEARING ON 14,208
THE REVISED AMOUNT, AND THAT THE AGENCY WILL SUBMIT THE REVISED 14,209
AMOUNT OF CHILD SUPPORT TO THE COURT FOR INCLUSION IN A REVISED 14,212
COURT CHILD SUPPORT ORDER, IF NEITHER THE OBLIGOR NOR THE OBLIGEE 14,213
REQUESTS A COURT HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT; 14,214
(F) IF NEITHER THE OBLIGOR NOR THE OBLIGEE REQUESTS, 14,216
PURSUANT TO DIVISION (E) OF THIS SECTION, A COURT HEARING ON THE 14,218
REVISED AMOUNT OF CHILD SUPPORT, SUBMIT THE REVISED AMOUNT OF 14,219
CHILD SUPPORT TO THE COURT FOR INCLUSION IN A REVISED COURT CHILD 14,220
SUPPORT ORDER. 14,221
Sec. 3119.64. IF AN OBLIGOR OR OBLIGEE FILES A REQUEST FOR 14,223
A COURT HEARING ON A REVISED AMOUNT OF CHILD SUPPORT TO BE PAID 14,224
UNDER A COURT CHILD SUPPORT ORDER IN ACCORDANCE WITH SECTION 14,226
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 14,227
ACCORDANCE WITH SECTION 3119.66 OF THE REVISED CODE. 14,229
Sec. 3119.65. IF NEITHER THE OBLIGOR NOR THE OBLIGEE 14,232
REQUESTS A COURT HEARING ON A REVISED AMOUNT OF CHILD SUPPORT TO 14,233
BE PAID UNDER A COURT CHILD SUPPORT ORDER IN ACCORDANCE WITH 14,234
SECTION 3119.63 OF THE REVISED CODE, THE COURT SHALL ISSUE A
326
REVISED COURT CHILD SUPPORT ORDER TO REQUIRE THE OBLIGOR TO PAY 14,235
THE REVISED AMOUNT OF CHILD SUPPORT CALCULATED BY THE CHILD 14,236
SUPPORT ENFORCEMENT AGENCY. 14,237
Sec. 3119.66. IF THE OBLIGOR OR THE OBLIGEE REQUESTS A 14,239
COURT HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT CALCULATED 14,240
BY THE CHILD SUPPORT ENFORCEMENT AGENCY, THE COURT SHALL SCHEDULE 14,242
AND CONDUCT A HEARING TO DETERMINE WHETHER THE REVISED AMOUNT OF 14,243
CHILD SUPPORT IS THE APPROPRIATE AMOUNT AND WHETHER THE AMOUNT OF 14,244
CHILD SUPPORT BEING PAID UNDER THE COURT CHILD SUPPORT ORDER 14,245
SHOULD BE REVISED.
Sec. 3119.67. A COURT REQUIRED TO SCHEDULE AND CONDUCT A 14,247
HEARING PURSUANT TO SECTION 3119.66 OF THE REVISED CODE SHALL 14,250
GIVE THE OBLIGOR, OBLIGEE, AND CHILD SUPPORT ENFORCEMENT AGENCY
AT LEAST THIRTY DAYS' NOTICE OF THE DATE, TIME, AND LOCATION OF 14,252
THE HEARING.
Sec. 3119.68. A COURT REQUIRED TO SCHEDULE AND CONDUCT A 14,254
HEARING PURSUANT TO SECTION 3119.66 OF THE REVISED CODE SHALL DO 14,257
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) 14,259
TO (5) OF THIS SECTION:
(A) ORDER THE OBLIGOR TO PROVIDE THE COURT WITH ALL OF THE 14,261
FOLLOWING: 14,262
(1) A COPY OF THE OBLIGOR'S FEDERAL INCOME TAX RETURN FROM 14,265
THE PREVIOUS YEAR;
(2) A COPY OF ALL PAY STUBS OBTAINED BY THE OBLIGOR WITHIN 14,268
THE PRECEDING SIX MONTHS; 14,269
(3) A COPY OF ALL OTHER RECORDS EVIDENCING THE RECEIPT OF 14,272
ANY OTHER SALARY, WAGES, OR COMPENSATION BY THE OBLIGOR WITHIN 14,273
THE PRECEDING SIX MONTHS;
(4) A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE 14,276
POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGOR AND THEIR 14,277
COSTS;
(5) THE CURRENT HEALTH INSURANCE OR HEALTH CARE POLICY, 14,280
CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS ENROLLED AND ITS
327
COST. 14,281
(B) ORDER THE OBLIGEE TO PROVIDE THE COURT WITH ALL OF THE 14,284
FOLLOWING:
(1) A COPY OF THE OBLIGEE'S FEDERAL INCOME TAX RETURN FROM 14,287
THE PREVIOUS YEAR;
(2) A COPY OF ALL PAY STUBS OBTAINED BY THE OBLIGEE WITHIN 14,290
THE PRECEDING SIX MONTHS;
(3) A COPY OF ALL OTHER RECORDS EVIDENCING THE RECEIPT OF 14,293
ANY OTHER SALARY, WAGES, OR COMPENSATION BY THE OBLIGEE WITHIN 14,294
THE PRECEDING SIX MONTHS; 14,295
(4) A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE 14,297
POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGEE AND THEIR 14,298
COSTS;
(5) THE CURRENT HEALTH INSURANCE OR HEALTH CARE POLICY, 14,300
CONTRACT, OR PLAN UNDER WHICH THE OBLIGEE IS ENROLLED AND ITS 14,302
COST.
Sec. 3119.69. A COURT REQUIRED TO SCHEDULE AND CONDUCT A 14,304
HEARING PURSUANT TO SECTION 3119.66 OF THE REVISED CODE SHALL 14,307
GIVE THE OBLIGOR AND THE OBLIGEE NOTICE THAT ANY WILLFUL FAILURE 14,308
TO COMPLY WITH A COURT ORDER IS CONTEMPT OF COURT AND, ON A 14,309
FINDING BY THE COURT THAT A PERSON IS IN CONTEMPT OF COURT, THE 14,310
COURT AND THE CHILD SUPPORT ENFORCEMENT AGENCY WILL TAKE ANY 14,312
ACTION NECESSARY TO OBTAIN THE INFORMATION OR MAKE ANY REASONABLE 14,313
ASSUMPTIONS NECESSARY WITH RESPECT TO THE INFORMATION THE PERSON 14,315
IN CONTEMPT OF COURT DID NOT PROVIDE TO ENSURE A FAIR AND
EQUITABLE REVIEW OF THE COURT CHILD SUPPORT ORDER. 14,317
Sec. 3119.70. A COURT THAT CONDUCTS A HEARING PURSUANT TO 14,320
SECTION 3119.66 OF THE REVISED CODE SHALL DO BOTH OF THE 14,321
FOLLOWING:
(A) IF THE COURT DETERMINES AT THE HEARING THAT THE 14,323
REVISED CHILD SUPPORT AMOUNT CALCULATED BY THE CHILD SUPPORT 14,324
ENFORCEMENT AGENCY IS THE APPROPRIATE AMOUNT, ISSUE A REVISED 14,325
COURT CHILD SUPPORT ORDER REQUIRING THE OBLIGOR TO PAY THE 14,326
REVISED AMOUNT;
328
(B) IF THE COURT DETERMINES THAT THE REVISED CHILD SUPPORT 14,328
AMOUNT CALCULATED BY THE AGENCY IS NOT THE APPROPRIATE AMOUNT, 14,329
DETERMINE THE APPROPRIATE CHILD SUPPORT AMOUNT AND, IF NECESSARY, 14,330
ISSUE A REVISED COURT CHILD SUPPORT ORDER REQUIRING THE OBLIGOR 14,331
TO PAY THE CHILD SUPPORT AMOUNT DETERMINED BY THE COURT. 14,332
Sec. 3119.71. IF THE OBLIGOR OR OBLIGEE DOES NOT REQUEST A 14,334
COURT HEARING ON THE REVISED CHILD SUPPORT AMOUNT DETERMINED BY 14,335
THE CHILD SUPPORT ENFORCEMENT AGENCY AND FILED WITH THE COURT 14,337
PURSUANT TO SECTION 3119.63 OF THE REVISED CODE AND THE COURT 14,339
MODIFIES THE ORDER TO INCLUDE THE REVISED AMOUNT PURSUANT TO 14,340
SECTION 3119.65 OF THE REVISED CODE, THE MODIFICATION SHALL 14,342
RELATE BACK TO THE FIRST DAY OF THE MONTH FOLLOWING THE DATE 14,343
CERTAIN ON WHICH THE REVIEW OF THE COURT CHILD SUPPORT ORDER 14,344
BEGAN PURSUANT TO DIVISION (A) OF SECTION 3119.60 OF THE REVISED 14,346
CODE. IF THE OBLIGOR OR OBLIGEE REQUESTS A COURT HEARING ON THE 14,348
REVISED CHILD SUPPORT AMOUNT AND THE COURT, AFTER CONDUCTING A 14,350
HEARING, MODIFIES THE COURT CHILD SUPPORT AMOUNT UNDER THE ORDER, 14,351
THE MODIFICATION SHALL RELATE BACK TO THE FIRST DAY OF THE MONTH 14,353
FOLLOWING THE DATE ON WHICH THE REVIEW OF THE COURT CHILD SUPPORT 14,354
ORDER BEGAN PURSUANT TO DIVISION (A) OF SECTION 3119.60 OF THE 14,356
REVISED CODE.
Sec. 3119.72. IF EITHER THE OBLIGOR OR THE OBLIGEE FAILS 14,358
TO COMPLY WITH A REQUEST FOR INFORMATION MADE PURSUANT TO 14,359
DIVISION (C) OF SECTION 3119.60 OF THE REVISED CODE, ONE OF THE 14,360
FOLLOWING APPLIES: 14,361
(A) IF THE CHILD SUPPORT ORDER BEING REVIEWED IS A COURT 14,363
CHILD SUPPORT ORDER, FAILURE TO COMPLY WITH A REQUEST FOR 14,364
INFORMATION IS CONTEMPT OF COURT, AND THE CHILD SUPPORT 14,366
ENFORCEMENT AGENCY SHALL NOTIFY THE COURT OF THE FAILURE TO
COMPLY WITH THE REQUEST FOR INFORMATION. THE AGENCY MAY REQUEST 14,368
THE COURT TO ISSUE AN ORDER REQUIRING THE OBLIGOR OR THE OBLIGEE 14,369
TO PROVIDE THE INFORMATION AS REQUESTED OR TAKE WHATEVER ACTION 14,370
IS NECESSARY TO OBTAIN THE INFORMATION AND MAKE ANY REASONABLE 14,371
ASSUMPTIONS NECESSARY WITH RESPECT TO THE INFORMATION THE PERSON 14,372
329
IN CONTEMPT OF COURT DID NOT PROVIDE TO ENSURE A FAIR AND 14,374
EQUITABLE REVIEW OF THE CHILD SUPPORT ORDER. 14,376
(B) IF THE CHILD SUPPORT ORDER BEING REVIEWED IS AN 14,378
ADMINISTRATIVE CHILD SUPPORT ORDER, THE AGENCY MAY REQUEST THAT 14,380
THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE AGENCY IS
LOCATED ISSUE AN ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO COMPLY 14,382
WITH THE AGENCY'S REQUEST FOR INFORMATION. THE AGENCY MAY 14,383
REQUEST THAT THE ORDER REQUIRE THE OBLIGOR OR OBLIGEE TO PROVIDE
THE NECESSARY INFORMATION OR PERMIT THE AGENCY TO TAKE WHATEVER 14,384
ACTION IS NECESSARY TO OBTAIN THE INFORMATION AND MAKE ANY 14,385
REASONABLE ASSUMPTIONS NECESSARY WITH RESPECT TO THE INFORMATION 14,386
NOT PROVIDED TO ENSURE A FAIR AND EQUITABLE REVIEW OF THE 14,387
ADMINISTRATIVE CHILD SUPPORT ORDER. AN OBLIGOR OR OBLIGEE WHO 14,388
FAILS TO COMPLY WITH THE COURT ORDER IS IN CONTEMPT OF COURT. IF 14,389
AN OBLIGOR OR OBLIGEE IS IN CONTEMPT OF COURT, THE AGENCY MAY 14,390
REQUEST THE COURT TO HOLD THE PERSON WHO FAILED TO COMPLY IN 14,391
CONTEMPT OR TO PERMIT THE AGENCY TO TAKE WHATEVER ACTION IS 14,392
NECESSARY TO OBTAIN INFORMATION AND MAKE ANY REASONABLE 14,393
ASSUMPTIONS NECESSARY WITH RESPECT TO THE INCOME OF THE PERSON 14,394
WHO FAILED TO COMPLY WITH THE REQUEST TO ENSURE A FAIR AND 14,395
EQUITABLE REVIEW OF THE ADMINISTRATIVE CHILD SUPPORT ORDER. 14,396
IF THE AGENCY DECIDES TO CONDUCT THE REVIEW OF THE CHILD 14,398
SUPPORT ORDER BASED ON REASONABLE ASSUMPTIONS WITH RESPECT TO THE 14,399
INFORMATION THE PERSON IN CONTEMPT OF COURT DID NOT PROVIDE, IT 14,401
SHALL PROCEED UNDER SECTION 3119.61 OR 3119.63 OF THE REVISED 14,402
CODE IN THE SAME MANNER AS IF ALL REQUESTED INFORMATION HAS BEEN 14,404
RECEIVED.
Sec. 3119.73. (A) IN CALCULATING A REVISED AMOUNT OF 14,406
CHILD SUPPORT TO BE PAID UNDER SECTION 3119.61 OR 3119.63 OF THE 14,409
REVISED CODE, AND IN REDETERMINING, AT AN ADMINISTRATIVE HEARING 14,410
CONDUCTED UNDER EITHER OF THOSE SECTIONS, A REVISED AMOUNT OF 14,413
CHILD SUPPORT TO BE PAID, THE CHILD SUPPORT ENFORCEMENT AGENCY 14,414
SHALL CONSIDER, IN ADDITION TO ALL OTHER FACTORS REQUIRED BY LAW 14,415
TO BE CONSIDERED, THE FOLLOWING: 14,416
330
(1) THE APPROPRIATE PERSON, WHETHER IT IS THE OBLIGOR, 14,418
OBLIGEE, OR BOTH, TO BE REQUIRED TO PROVIDE HEALTH INSURANCE 14,420
COVERAGE FOR THE CHILDREN SPECIFIED IN THE ORDER;
(2) THE COST OF HEALTH INSURANCE COVERAGE THAT THE 14,423
OBLIGOR, THE OBLIGEE, OR BOTH HAVE BEEN ORDERED TO OBTAIN FOR THE 14,424
CHILDREN SPECIFIED IN THE ORDER. 14,425
(B) IN DETERMINING, AT A HEARING CONDUCTED UNDER SECTION 14,428
3119.66 OF THE REVISED CODE, THE APPROPRIATE AMOUNT OF CHILD 14,429
SUPPORT TO BE PAID BY THE OBLIGOR, THE COURT SHALL CONSIDER THE 14,430
FOLLOWING, IN ADDITION TO ALL OTHER FACTORS REQUIRED BY LAW TO BE 14,431
CONSIDERED:
(1) THE APPROPRIATE PERSON, WHETHER IT IS THE OBLIGOR, 14,433
OBLIGEE, OR BOTH, TO BE REQUIRED TO PROVIDE HEALTH INSURANCE 14,435
COVERAGE FOR THE CHILDREN SPECIFIED IN THE ORDER;
(2) THE COST OF HEALTH INSURANCE THAT THE OBLIGOR, THE 14,438
OBLIGEE, OR BOTH HAVE BEEN ORDERED TO OBTAIN FOR THE CHILDREN 14,440
SPECIFIED IN THE ORDER.
Sec. 3119.74. IN ADDITION TO ADMINISTRATIVE REVIEWS 14,442
CONDUCTED PURSUANT TO SECTIONS 3119.60 TO 3119.63 OF THE REVISED 14,443
CODE, A CHILD SUPPORT ENFORCEMENT AGENCY MAY CONDUCT 14,444
ADMINISTRATIVE REVIEWS OF SUPPORT ORDERS TO DO THE FOLLOWING: 14,445
(A) OBTAIN VOLUNTARY NOTICES OR COURT ORDERS UNDER SECTION 14,447
3121.03 OF THE REVISED CODE; 14,448
(B) CORRECT ANY ERRORS IN THE AMOUNT OF ANY ARREARAGE OWED 14,450
BY AN OBLIGOR. 14,451
THE AGENCY SHALL NOTIFY THE OBLIGOR AND OBLIGEE OF THE 14,453
TIME, DATE, AND LOCATION OF THE ADMINISTRATIVE REVIEW AT LEAST 14,454
FOURTEEN DAYS BEFORE THE HEARING IS HELD. 14,455
Sec. 3119.75. A CHILD SUPPORT ENFORCEMENT AGENCY IS NOT 14,457
REQUIRED TO REVIEW A CHILD SUPPORT ORDER IF THE REVIEW IS NOT 14,459
OTHERWISE REQUIRED BY SECTION 666(a)(10) OF TITLE 42 OF THE U.S. 14,461
CODE, "FAMILY SUPPORT ACT OF 1988," 102 STAT. 2346, 42 U.S.C. 14,463
666(a)(10), AS AMENDED, AND ANY REGULATIONS ADOPTED PURSUANT TO, 14,465
OR TO ENFORCE, THAT SECTION AND ANY OF THE FOLLOWING APPLY: 14,466
331
(A) THE OBLIGEE HAS MADE AN ASSIGNMENT UNDER SECTION 14,468
5107.20 OF THE REVISED CODE OF THE RIGHT TO RECEIVE CHILD SUPPORT 14,470
PAYMENTS, THE AGENCY DETERMINES THAT GOOD CAUSE PURSUANT TO 14,471
SECTION 5107.05 OF THE REVISED CODE EXISTS WITH RESPECT TO THE 14,473
CHILDREN WHO ARE THE SUBJECT OF THE CHILD SUPPORT ORDER, AND 14,474
NEITHER THE OBLIGOR NOR THE OBLIGEE HAS REQUESTED THAT THE REVIEW 14,475
BE CONDUCTED.
(B) THE OBLIGEE HAS NOT MADE AN ASSIGNMENT UNDER SECTION 14,477
5107.20 OF THE REVISED CODE OF THE RIGHT TO RECEIVE CHILD SUPPORT 14,479
PAYMENTS AND NEITHER THE OBLIGOR NOR THE OBLIGEE HAS REQUESTED 14,480
THAT THE REVIEW BE CONDUCTED. 14,482
(C) NEITHER THE OBLIGOR NOR THE OBLIGEE RESIDES IN THIS 14,484
STATE.
Sec. 3119.76. THE DIRECTOR OF JOB AND FAMILY SERVICES 14,487
SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE 14,489
ESTABLISHING A PROCEDURE FOR DETERMINING WHEN EXISTING CHILD 14,490
SUPPORT ORDERS SHOULD BE REVIEWED TO DETERMINE WHETHER IT IS 14,491
NECESSARY AND IN THE BEST INTEREST OF THE CHILDREN WHO ARE THE 14,492
SUBJECT OF THE CHILD SUPPORT ORDER TO CHANGE THE CHILD SUPPORT 14,493
ORDER. THE RULES SHALL INCLUDE, BUT ARE NOT LIMITED TO, ALL OF 14,494
THE FOLLOWING:
(A) ANY PROCEDURES NECESSARY TO COMPLY WITH SECTION 14,497
666(a)(10) OF TITLE 42 OF THE U.S. CODE, "FAMILY SUPPORT ACT OF 14,498
1988," 102 STAT. 2346, 42 U.S.C. 666(a)(10), AS AMENDED, AND ANY 14,500
REGULATIONS ADOPTED PURSUANT TO, OR TO ENFORCE, THAT SECTION; 14,501
(B) PROCEDURES FOR DETERMINING WHAT CHILD SUPPORT ORDERS 14,503
ARE TO BE SUBJECT TO REVIEW UPON THE REQUEST OF EITHER THE 14,504
OBLIGOR OR THE OBLIGEE OR PERIODICALLY BY THE CHILD SUPPORT 14,505
ENFORCEMENT AGENCY ADMINISTERING THE CHILD SUPPORT ORDER; 14,506
(C) PROCEDURES FOR THE CHILD SUPPORT ENFORCEMENT AGENCY TO 14,508
PERIODICALLY REVIEW AND TO REVIEW, UPON THE REQUEST OF THE 14,509
OBLIGOR OR THE OBLIGEE, ANY CHILD SUPPORT ORDER THAT IS SUBJECT 14,510
TO REVIEW TO DETERMINE WHETHER THE AMOUNT OF CHILD SUPPORT PAID 14,511
UNDER THE CHILD SUPPORT ORDER SHOULD BE ADJUSTED IN ACCORDANCE 14,512
332
WITH THE BASIC CHILD SUPPORT SCHEDULE SET FORTH IN SECTION 14,514
3119.021 OF THE REVISED CODE OR WHETHER THE PROVISIONS FOR THE 14,515
CHILD'S HEALTH CARE NEEDS UNDER THE CHILD SUPPORT ORDER SHOULD BE 14,516
MODIFIED IN ACCORDANCE WITH SECTIONS 3119.30 TO 3119.58 OF THE 14,517
REVISED CODE; 14,518
(D) PROCEDURES FOR GIVING OBLIGORS AND OBLIGEES NOTICE OF 14,520
THEIR RIGHT TO REQUEST A REVIEW OF A CHILD SUPPORT ORDER THAT IS 14,521
DETERMINED TO BE SUBJECT TO REVIEW, NOTICE OF ANY PROPOSED 14,522
REVISION OF THE AMOUNT OF CHILD SUPPORT TO BE PAID UNDER THE 14,523
CHILD SUPPORT ORDER, NOTICE OF THE PROCEDURES FOR REQUESTING A 14,524
HEARING ON ANY PROPOSED REVISION OF THE AMOUNT OF CHILD SUPPORT 14,525
TO BE PAID UNDER A CHILD SUPPORT ORDER, NOTICE OF ANY 14,526
ADMINISTRATIVE HEARING TO BE HELD ON A PROPOSED REVISION OF THE 14,527
AMOUNT OF CHILD SUPPORT TO BE PAID UNDER A CHILD SUPPORT ORDER, 14,528
AT LEAST FORTY-FIVE DAYS' PRIOR NOTICE OF ANY REVIEW OF THEIR 14,530
CHILD SUPPORT ORDER, AND NOTICE THAT A FAILURE TO COMPLY WITH ANY 14,531
REQUEST FOR DOCUMENTS OR INFORMATION TO BE USED IN THE REVIEW OF 14,532
A CHILD SUPPORT ORDER IS CONTEMPT OF COURT; 14,533
(E) PROCEDURES FOR OBTAINING THE NECESSARY DOCUMENTS AND 14,535
INFORMATION NECESSARY TO REVIEW CHILD SUPPORT ORDERS AND FOR 14,536
HOLDING ADMINISTRATIVE HEARINGS ON A PROPOSED REVISION OF THE 14,537
AMOUNT OF CHILD SUPPORT TO BE PAID UNDER A CHILD SUPPORT ORDER; 14,538
(F) PROCEDURES FOR ADJUSTING CHILD SUPPORT ORDERS IN 14,540
ACCORDANCE WITH THE BASIC CHILD SUPPORT SCHEDULE SET FORTH IN 14,541
SECTION 3119.021 OF THE REVISED CODE AND THE APPLICABLE WORKSHEET 14,544
IN SECTION 3119.022 OR 3119.023 OF THE REVISED CODE, THROUGH THE 14,546
LINE ESTABLISHING THE ACTUAL ANNUAL OBLIGATION; 14,547
(G) PROCEDURES FOR ADJUSTING THE PROVISIONS OF THE CHILD 14,549
SUPPORT ORDER GOVERNING THE HEALTH CARE NEEDS OF THE CHILD 14,550
PURSUANT TO SECTIONS 3119.30 TO 3119.58 OF THE REVISED CODE. 14,552
Sec. 3119.79. (A) IF AN OBLIGOR OR OBLIGEE UNDER A CHILD 14,554
SUPPORT ORDER REQUESTS THAT THE COURT MODIFY THE AMOUNT OF 14,556
SUPPORT REQUIRED TO BE PAID PURSUANT TO THE CHILD SUPPORT ORDER, 14,557
THE COURT SHALL RECALCULATE THE AMOUNT OF SUPPORT THAT WOULD BE 14,558
333
REQUIRED TO BE PAID UNDER THE CHILD SUPPORT ORDER IN ACCORDANCE 14,559
WITH THE SCHEDULE AND THE APPLICABLE WORKSHEET THROUGH THE LINE 14,561
ESTABLISHING THE ACTUAL ANNUAL OBLIGATION. IF THAT AMOUNT AS 14,562
RECALCULATED IS MORE THAN TEN PER CENT GREATER THAN OR MORE THAN 14,563
TEN PER CENT LESS THAN THE AMOUNT OF CHILD SUPPORT REQUIRED TO BE 14,564
PAID PURSUANT TO THE EXISTING CHILD SUPPORT ORDER, THE DEVIATION 14,565
FROM THE RECALCULATED AMOUNT THAT WOULD BE REQUIRED TO BE PAID 14,566
UNDER THE SCHEDULE AND THE APPLICABLE WORKSHEET SHALL BE 14,567
CONSIDERED BY THE COURT AS A CHANGE OF CIRCUMSTANCE SUBSTANTIAL 14,569
ENOUGH TO REQUIRE A MODIFICATION OF THE CHILD SUPPORT AMOUNT. 14,570
(B) IN DETERMINING THE RECALCULATED SUPPORT AMOUNT THAT 14,573
WOULD BE REQUIRED TO BE PAID UNDER THE CHILD SUPPORT ORDER FOR 14,574
PURPOSES OF DETERMINING WHETHER THAT RECALCULATED AMOUNT IS MORE 14,575
THAN TEN PER CENT GREATER THAN OR MORE THAN TEN PER CENT LESS 14,576
THAN THE AMOUNT OF CHILD SUPPORT REQUIRED TO BE PAID PURSUANT TO 14,577
THE EXISTING CHILD SUPPORT ORDER, THE COURT SHALL CONSIDER, IN 14,578
ADDITION TO ALL OTHER FACTORS REQUIRED BY LAW TO BE CONSIDERED, 14,579
THE COST OF HEALTH INSURANCE THE OBLIGOR, THE OBLIGEE, OR BOTH 14,581
THE OBLIGOR AND THE OBLIGEE HAVE BEEN ORDERED TO OBTAIN FOR THE 14,582
CHILDREN SPECIFIED IN THE ORDER. ADDITIONALLY, IF AN OBLIGOR OR 14,583
OBLIGEE UNDER A CHILD SUPPORT ORDER REQUESTS THAT THE COURT
MODIFY THE SUPPORT AMOUNT REQUIRED TO BE PAID PURSUANT TO THE 14,584
CHILD SUPPORT ORDER AND IF THE COURT DETERMINES THAT THE AMOUNT 14,585
OF SUPPORT DOES NOT ADEQUATELY MEET THE MEDICAL NEEDS OF THE 14,586
CHILD, THE INADEQUATE COVERAGE SHALL BE CONSIDERED BY THE COURT 14,587
AS A CHANGE OF CIRCUMSTANCE THAT IS SUBSTANTIAL ENOUGH TO REQUIRE 14,588
A MODIFICATION OF THE AMOUNT OF THE CHILD SUPPORT ORDER. 14,589
(C) IF THE COURT DETERMINES THAT THE AMOUNT OF CHILD 14,592
SUPPORT REQUIRED TO BE PAID UNDER THE CHILD SUPPORT ORDER SHOULD 14,593
BE CHANGED DUE TO A SUBSTANTIAL CHANGE OF CIRCUMSTANCES THAT WAS 14,594
NOT CONTEMPLATED AT THE TIME OF THE ISSUANCE OF THE ORIGINAL 14,595
CHILD SUPPORT ORDER OR THE LAST MODIFICATION OF THE CHILD SUPPORT 14,596
ORDER, THE COURT SHALL MODIFY THE AMOUNT OF CHILD SUPPORT 14,597
REQUIRED TO BE PAID UNDER THE CHILD SUPPORT ORDER TO COMPLY WITH 14,598
334
THE SCHEDULE AND THE APPLICABLE WORKSHEET THROUGH THE LINE 14,600
ESTABLISHING THE ACTUAL ANNUAL OBLIGATION, UNLESS THE COURT 14,601
DETERMINES THAT THE AMOUNT CALCULATED PURSUANT TO THE BASIC CHILD 14,602
SUPPORT SCHEDULE AND PURSUANT TO THE APPLICABLE WORKSHEET WOULD 14,604
BE UNJUST OR INAPPROPRIATE AND WOULD NOT BE IN THE BEST INTEREST 14,605
OF THE CHILD AND ENTERS IN THE JOURNAL THE FIGURE, DETERMINATION, 14,606
AND FINDINGS SPECIFIED IN SECTION 3119.22 OF THE REVISED CODE.
Sec. 3119.80. IN ANY ACTION IN WHICH SUPPORT IS ORDERED 14,608
UNDER A COURT CHILD SUPPORT ORDER, THE OBLIGOR OR OBLIGEE UNDER 14,609
THE ORDER MAY FILE A MOTION WITH THE COURT THAT ISSUED THE ORDER 14,610
REQUESTING THE ISSUANCE OF ONE OR MORE WITHHOLDING OR DEDUCTION 14,611
NOTICES UNDER SECTION 3121.03 OF THE REVISED CODE TO PAY THE 14,612
SUPPORT DUE UNDER THE ORDER. THE MOTION MAY BE FILED AT ANY TIME 14,613
AFTER THE COURT CHILD SUPPORT ORDER IS ISSUED. UPON THE FILING 14,614
OF A MOTION PURSUANT TO THIS SECTION, THE CHILD SUPPORT 14,615
ENFORCEMENT AGENCY SHALL IMMEDIATELY CONDUCT, AND SHALL COMPLETE 14,616
WITHIN TWENTY DAYS AFTER THE MOTION IS FILED, AN INVESTIGATION IN 14,617
ACCORDANCE WITH SECTION 3123.02 OF THE REVISED CODE. ON THE 14,618
COMPLETION OF THE INVESTIGATION, THE COURT SHALL ISSUE ONE OR 14,619
MORE APPROPRIATE ORDERS DESCRIBED IN SECTION 3121.03 OF THE 14,621
REVISED CODE.
Sec. 3119.81. IN PROCEEDINGS INVOLVING A COURT CHILD 14,623
SUPPORT ORDER, THE COURT, BEFORE THE CONCLUSION OF ANY HEARINGS 14,624
HELD WITH RESPECT TO THE PROCEEDINGS, SHALL ORDER THE CHILD 14,625
SUPPORT ENFORCEMENT AGENCY TO CONDUCT AN INVESTIGATION PURSUANT 14,626
TO SECTION 3123.02 OF THE REVISED CODE IF NO WITHHOLDING OR 14,627
DEDUCTION ORDER OR NOTICE OR ORDER TO SEEK EMPLOYMENT,
PARTICIPATE IN A WORK ACTIVITY, OR ENTER INTO A CASH BOND TO 14,628
COLLECT SUPPORT UNDER THE COURT SUPPORT ORDER HAS BEEN ISSUED OR 14,629
THE COURT DETERMINES THAT ANY SUCH ORDER OR NOTICE PREVIOUSLY 14,630
ISSUED IS NO LONGER APPROPRIATE FOR COLLECTION OF SUPPORT UNDER 14,631
THE ORDER.
ON THE FILING OF THE AGENCY'S FINDINGS AFTER COMPLETION OF 14,633
THE INVESTIGATION, THE COURT, AS NECESSARY, SHALL ISSUE ONE OR 14,635
335
MORE NOTICES OR ONE OR MORE COURT ORDERS DESCRIBED IN SECTION 14,636
3121.03 OF THE REVISED CODE OR MODIFY ANY SUCH NOTICES OR COURT 14,637
ORDERS PREVIOUSLY ISSUED.
Sec. 3119.82. WHENEVER A COURT ISSUES, OR WHENEVER IT 14,639
MODIFIES, REVIEWS, OR OTHERWISE RECONSIDERS A COURT CHILD SUPPORT 14,641
ORDER, IT SHALL DESIGNATE WHICH PARENT MAY CLAIM THE CHILDREN WHO 14,642
ARE THE SUBJECT OF THE COURT CHILD SUPPORT ORDER AS DEPENDENTS 14,643
FOR FEDERAL INCOME TAX PURPOSES AS SET FORTH IN SECTION 151 OF 14,644
THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C. 1, 14,646
AS AMENDED. IF THE PARTIES AGREE ON WHICH PARENT SHOULD CLAIM 14,648
THE CHILDREN AS DEPENDENTS, THE COURT SHALL DESIGNATE THAT PARENT 14,649
AS THE PARENT WHO MAY CLAIM THE CHILDREN. IF THE PARTIES DO NOT 14,650
AGREE, THE COURT, IN ITS ORDER, MAY PERMIT THE PARENT WHO IS NOT 14,651
THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN TO CLAIM THE CHILDREN 14,652
AS DEPENDENTS FOR FEDERAL INCOME TAX PURPOSES ONLY IF THE COURT 14,653
DETERMINES THAT THIS FURTHERS THE BEST INTEREST OF THE CHILDREN 14,654
AND, WITH RESPECT TO ORDERS THE COURT MODIFIES, REVIEWS, OR 14,655
RECONSIDERS, THE PAYMENTS FOR CHILD SUPPORT ARE SUBSTANTIALLY 14,656
CURRENT AS ORDERED BY THE COURT FOR THE YEAR IN WHICH THE 14,657
CHILDREN WILL BE CLAIMED AS DEPENDENTS. IN CASES IN WHICH THE 14,658
PARTIES DO NOT AGREE WHICH PARENT MAY CLAIM THE CHILDREN AS 14,659
DEPENDENTS, THE COURT SHALL CONSIDER, IN MAKING ITS 14,660
DETERMINATION, ANY NET TAX SAVINGS, THE RELATIVE FINANCIAL 14,661
CIRCUMSTANCES AND NEEDS OF THE PARENTS AND CHILDREN, THE AMOUNT 14,662
OF TIME THE CHILDREN SPEND WITH EACH PARENT, THE ELIGIBILITY OF 14,663
EITHER OR BOTH PARENTS FOR THE FEDERAL EARNED INCOME TAX CREDIT 14,664
OR OTHER STATE OR FEDERAL TAX CREDIT, AND ANY OTHER RELEVANT 14,665
FACTOR CONCERNING THE BEST INTEREST OF THE CHILDREN. 14,666
IF THE COURT DETERMINES THAT THE PARENT WHO IS NOT THE 14,669
RESIDENTIAL PARENT AND LEGAL CUSTODIAN MAY CLAIM THE CHILDREN AS 14,670
DEPENDENTS FOR FEDERAL INCOME TAX PURPOSES, IT SHALL ORDER THE 14,671
RESIDENTIAL PARENT TO TAKE WHATEVER ACTION IS NECESSARY PURSUANT 14,672
TO SECTION 152 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 14,674
2085, 26 U.S.C. 1, AS AMENDED, TO ENABLE THE PARENT WHO IS NOT 14,676
336
THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN TO CLAIM THE CHILDREN 14,677
AS DEPENDENTS FOR FEDERAL INCOME TAX PURPOSES IN ACCORDANCE WITH 14,678
THE ORDER OF THE COURT. ANY WILLFUL FAILURE OF THE RESIDENTIAL 14,679
PARENT TO COMPLY WITH THE ORDER OF THE COURT IS CONTEMPT OF 14,680
COURT. 14,681
Sec. 3119.83. EXCEPT AS PROVIDED IN SECTION 3119.84 OF THE 14,683
REVISED CODE, A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY MAY NOT 14,684
RETROACTIVELY MODIFY AN OBLIGOR'S DUTY TO PAY A DELINQUENT 14,686
SUPPORT PAYMENT.
Sec. 3119.84. A COURT WITH JURISDICTION OVER A COURT 14,688
SUPPORT ORDER MAY MODIFY AN OBLIGOR'S DUTY TO PAY A SUPPORT 14,689
PAYMENT THAT BECOMES DUE AFTER NOTICE OF A PETITION TO MODIFY THE 14,690
COURT SUPPORT ORDER HAS BEEN GIVEN TO EACH OBLIGEE AND TO THE 14,691
OBLIGOR BEFORE A FINAL ORDER CONCERNING THE PETITION FOR 14,692
MODIFICATION IS ENTERED.
Sec. 3119.86. (A) NOTWITHSTANDING SECTION 3109.01 OF THE 14,694
REVISED CODE, BOTH OF THE FOLLOWING APPLY: 14,696
(1) THE DUTY OF SUPPORT TO A CHILD IMPOSED PURSUANT TO A 14,699
COURT CHILD SUPPORT ORDER SHALL CONTINUE BEYOND THE CHILD'S 14,700
EIGHTEENTH BIRTHDAY ONLY UNDER THE FOLLOWING CIRCUMSTANCES: 14,701
(a) THE CHILD IS MENTALLY OR PHYSICALLY DISABLED AND IS 14,703
INCAPABLE OF SUPPORTING OR MAINTAINING HIMSELF OR HERSELF. 14,705
(b) THE CHILD'S PARENTS HAVE AGREED TO CONTINUE SUPPORT 14,707
BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY PURSUANT TO A SEPARATION 14,709
AGREEMENT THAT WAS INCORPORATED INTO A DECREE OF DIVORCE OR 14,711
DISSOLUTION.
(c) THE CHILD CONTINUOUSLY ATTENDS A RECOGNIZED AND 14,713
ACCREDITED HIGH SCHOOL ON A FULL-TIME BASIS ON AND AFTER THE 14,714
CHILD'S EIGHTEENTH BIRTHDAY. 14,715
(2) THE DUTY OF SUPPORT TO A CHILD IMPOSED PURSUANT TO AN 14,717
ADMINISTRATIVE CHILD SUPPORT ORDER SHALL CONTINUE BEYOND THE 14,718
CHILD'S EIGHTEENTH BIRTHDAY ONLY IF THE CHILD CONTINUOUSLY 14,719
ATTENDS A RECOGNIZED AND ACCREDITED HIGH SCHOOL ON A FULL-TIME 14,720
BASIS ON AND AFTER THE CHILD'S EIGHTEENTH BIRTHDAY. 14,721
337
(B) A COURT CHILD SUPPORT ORDER SHALL NOT REMAIN IN EFFECT 14,723
AFTER THE CHILD REACHES NINETEEN YEARS OF AGE UNLESS THE ORDER 14,724
PROVIDES THAT THE DUTY OF SUPPORT CONTINUES UNDER CIRCUMSTANCES
DESCRIBED IN DIVISION (A)(1)(a) OR (b) OF THIS SECTION FOR ANY 14,725
PERIOD AFTER THE CHILD REACHES AGE NINETEEN. AN ADMINISTRATIVE 14,726
CHILD SUPPORT ORDER SHALL NOT REMAIN IN EFFECT AFTER THE CHILD 14,727
REACHES AGE NINETEEN. 14,728
(C) IF A COURT INCORPORATES A SEPARATION AGREEMENT 14,730
DESCRIBED IN DIVISION (A)(1)(b) OF THIS SECTION INTO A DECREE OF 14,731
DIVORCE OR DISSOLUTION, THE COURT MAY NOT REQUIRE THE DUTY OF 14,732
SUPPORT TO CONTINUE BEYOND THE DATE THE CHILD'S PARENTS HAVE 14,733
AGREED SUPPORT SHOULD TERMINATE. 14,734
(D) A PARENT ORDERED TO PAY SUPPORT UNDER A CHILD SUPPORT 14,736
ORDER SHALL CONTINUE TO PAY SUPPORT UNDER THE ORDER, INCLUDING 14,737
DURING SEASONAL VACATION PERIODS, UNTIL THE ORDER TERMINATES. 14,738
Sec. 3119.87. THE PARENT WHO IS THE RESIDENTIAL PARENT AND 14,740
LEGAL CUSTODIAN OF A CHILD FOR WHOM A CHILD SUPPORT ORDER IS 14,741
ISSUED OR THE PERSON WHO OTHERWISE HAS CUSTODY OF A CHILD FOR 14,742
WHOM A CHILD SUPPORT ORDER IS ISSUED IMMEDIATELY SHALL NOTIFY, 14,743
AND THE OBLIGOR UNDER A CHILD SUPPORT ORDER MAY NOTIFY, THE CHILD 14,744
SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE CHILD SUPPORT ORDER 14,745
OF ANY REASON FOR WHICH THE CHILD SUPPORT ORDER SHOULD TERMINATE. 14,746
WITH RESPECT TO A COURT CHILD SUPPORT ORDER, A WILLFUL FAILURE TO 14,748
NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY AS REQUIRED BY THIS 14,749
DIVISION IS CONTEMPT OF COURT. 14,750
Sec. 3119.88. REASONS FOR WHICH A CHILD SUPPORT ORDER 14,752
SHOULD TERMINATE INCLUDE ALL OF THE FOLLOWING: 14,753
(A) THE CHILD'S ATTAINMENT OF THE AGE OF MAJORITY IF THE 14,756
CHILD NO LONGER ATTENDS AN ACCREDITED HIGH SCHOOL ON A FULL-TIME 14,757
BASIS AND THE CHILD SUPPORT ORDER REQUIRES SUPPORT TO CONTINUE 14,758
PAST THE AGE OF MAJORITY ONLY IF THE CHILD CONTINUOUSLY ATTENDS 14,759
SUCH A HIGH SCHOOL AFTER ATTAINING THAT AGE; 14,760
(B) THE CHILD CEASING TO ATTEND AN ACCREDITED HIGH SCHOOL 14,762
ON A FULL-TIME BASIS AFTER ATTAINING THE AGE OF MAJORITY, IF THE 14,764
338
CHILD SUPPORT ORDER REQUIRES SUPPORT TO CONTINUE PAST THE AGE OF 14,766
MAJORITY ONLY IF THE CHILD CONTINUOUSLY ATTENDS SUCH A HIGH
SCHOOL AFTER ATTAINING THAT AGE; 14,767
(C) THE CHILD'S DEATH; 14,769
(D) THE CHILD'S MARRIAGE; 14,771
(E) THE CHILD'S EMANCIPATION; 14,773
(F) THE CHILD'S ENLISTMENT IN THE ARMED SERVICES; 14,776
(G) THE CHILD'S DEPORTATION; 14,778
(H) CHANGE OF LEGAL CUSTODY OF THE CHILD. 14,780
Sec. 3119.89. (A) UPON RECEIPT OF A NOTICE PURSUANT TO 14,782
SECTION 3119.87 OF THE REVISED CODE, THE CHILD SUPPORT 14,783
ENFORCEMENT AGENCY ADMINISTERING A CHILD SUPPORT ORDER, WITHIN 14,784
TWENTY DAYS AFTER RECEIPT OF THE NOTICE, SHALL COMPLETE AN 14,786
INVESTIGATION. THE AGENCY ADMINISTERING A CHILD SUPPORT ORDER 14,788
MAY CONDUCT AN INVESTIGATION UPON ITS OWN INITIATIVE IF IT 14,790
OTHERWISE HAS REASON TO BELIEVE THAT THERE MAY BE A REASON FOR 14,791
WHICH THE ORDER SHOULD TERMINATE. THE AGENCY'S INVESTIGATION 14,793
SHALL DETERMINE THE FOLLOWING:
(1) WHETHER ANY REASON EXISTS FOR WHICH THE ORDER SHOULD 14,795
TERMINATE; 14,796
(2) WHETHER THERE ARE OTHER CHILDREN SUBJECT TO THE ORDER; 14,798
(3) WHETHER THE OBLIGOR OWES ANY ARREARAGES UNDER THE 14,800
ORDER;
(4) WHETHER THE AGENCY BELIEVES IT IS NECESSARY TO 14,802
CONTINUE WITHHOLDING OR DEDUCTION PURSUANT TO A NOTICE OR ORDER 14,803
DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE FOR THE OTHER 14,804
CHILDREN OR ARREARAGES.
(B) IF THE AGENCY, PURSUANT TO THE INVESTIGATION UNDER 14,807
DIVISION (A) OF THIS SECTION, DETERMINES THAT OTHER CHILDREN ARE 14,808
SUBJECT TO THE CHILD SUPPORT ORDER AND THAT IT IS NECESSARY TO 14,809
CONTINUE WITHHOLDING OR DEDUCTION FOR THE OTHER CHILDREN, THE 14,810
AGENCY SHALL DIVIDE THE CHILD SUPPORT DUE ANNUALLY AND PER MONTH 14,812
UNDER THE ORDER BY THE NUMBER OF CHILDREN WHO ARE THE SUBJECT OF 14,813
THE ORDER AND SUBTRACT THE AMOUNT DUE FOR THE CHILD FOR WHOM THE 14,814
339
ORDER SHOULD BE TERMINATED FROM THE TOTAL CHILD SUPPORT AMOUNT 14,815
DUE ANNUALLY AND PER MONTH. THE RESULTING ANNUAL AND PER MONTH 14,816
CHILD SUPPORT AMOUNT SHALL BE INCLUDED IN THE RESULTS OF THE 14,817
AGENCY'S INVESTIGATION AS THE RECOMMENDED CHILD SUPPORT AMOUNT 14,818
DUE ANNUALLY AND MONTHLY UNDER A REVISED CHILD SUPPORT ORDER. IF 14,819
ARREARAGE AMOUNTS ARE OWED, THOSE AMOUNTS MAY BE INCLUDED AS PART 14,820
OF THE RECOMMENDED CHILD SUPPORT AMOUNT. THE INVESTIGATION UNDER 14,821
DIVISION (A) OF THIS SECTION SHALL NOT INCLUDE A REVIEW PURSUANT 14,822
TO SECTIONS 3119.60 TO 3119.76 OF THE REVISED CODE OF ANY OTHER 14,823
CHILDREN SUBJECT TO THE CHILD SUPPORT ORDER. 14,824
Sec. 3119.90. (A) WITH RESPECT TO A COURT CHILD SUPPORT 14,827
ORDER, IF THE CHILD SUPPORT ENFORCEMENT AGENCY DETERMINES THE 14,828
ORDER SHOULD TERMINATE, IT IMMEDIATELY SHALL NOTIFY THE COURT 14,829
THAT ISSUED THE ORDER OF THE RESULTS OF ITS INVESTIGATION AND 14,830
SHALL SUBMIT TO THE COURT AN ORDER IMPOUNDING ANY FUNDS RECEIVED 14,831
FOR THE CHILD PURSUANT TO THE COURT CHILD SUPPORT ORDER THAT WAS 14,832
UNDER INVESTIGATION. 14,833
(B) WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER, 14,835
IF THE AGENCY DETERMINES AS A RESULT OF AN INVESTIGATION THAT THE 14,836
ORDER SHOULD TERMINATE, IT SHALL ISSUE AN ADMINISTRATIVE ORDER 14,837
IMPOUNDING ANY FUNDS RECEIVED FOR THE CHILD PURSUANT TO THE 14,838
ADMINISTRATIVE CHILD SUPPORT ORDER THAT WAS UNDER INVESTIGATION. 14,839
(C) A CHILD SUPPORT ENFORCEMENT AGENCY THAT CONDUCTS AN 14,841
INVESTIGATION OF A CHILD SUPPORT ORDER SHALL GIVE THE OBLIGOR AND 14,842
OBLIGEE UNDER THE ORDER NOTICE OF THE RESULTS OF ITS 14,845
INVESTIGATION AND A COPY OF ANY COURT OR ADMINISTRATIVE IMPOUND 14,846
ORDER ISSUED PURSUANT TO DIVISION (A) OR (B) OF THIS SECTION. 14,847
THE OBLIGOR AND OBLIGEE ALSO SHALL BE GIVEN ALL OF THE FOLLOWING: 14,849
(1) NOTICE OF THEIR RIGHT TO REQUEST AN ADMINISTRATIVE 14,851
HEARING REGARDING ANY CONCLUSIONS OF THE INVESTIGATION; 14,852
(2) NOTICE OF THE PROCEDURES AND TIME DEADLINES FOR 14,854
REQUESTING THE HEARING; 14,855
(3)(a) NOTICE THAT THE CONCLUSIONS OF THE INVESTIGATIONS 14,857
WILL BE ISSUED AS AN ADMINISTRATIVE ORDER BY THE AGENCY IF THE 14,858
340
UNDERLYING ORDER IS AN ADMINISTRATIVE CHILD SUPPORT ORDER; 14,859
(b) NOTICE THAT THE CONCLUSIONS OF THE INVESTIGATIONS WILL 14,861
BE SUBMITTED TO THE COURT FOR INCLUSION INTO A REVISED OR 14,862
TERMINATED COURT CHILD SUPPORT ORDER WITH NO FURTHER COURT 14,863
HEARING IF THE UNDERLYING ORDER IS A COURT CHILD SUPPORT ORDER. 14,864
(4) NOTICE THAT NO REVISED ADMINISTRATIVE OR COURT CHILD 14,866
SUPPORT ORDER WILL BE ISSUED IF EITHER THE OBLIGOR OR OBLIGEE 14,868
REQUESTS AN ADMINISTRATIVE HEARING ON THE INVESTIGATION 14,869
CONCLUSIONS WITHIN THIRTY DAYS AFTER RECEIPT OF THE NOTICE UNDER 14,870
THIS DIVISION.
Sec. 3119.91. IF AN OBLIGOR OR OBLIGEE UNDER A CHILD 14,873
SUPPORT ORDER TIMELY REQUESTS AN ADMINISTRATIVE HEARING PURSUANT 14,874
TO SECTION 3119.90 OF THE REVISED CODE, THE CHILD SUPPORT 14,875
ENFORCEMENT AGENCY SHALL SCHEDULE A HEARING ON THE ISSUE, GIVE 14,877
THE PARTIES NOTICE OF THE DATE, TIME, AND LOCATION OF THE 14,878
HEARING, AND CONDUCT THE HEARING. ON COMPLETION OF THE HEARING, 14,880
THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL ISSUE A DECISION. THE 14,882
DECISION SHALL INCLUDE A NOTICE STATING THAT THE OBLIGOR OR 14,883
OBLIGEE MAY OBJECT TO THE DECISION BY FILING A MOTION WITHIN 14,885
THIRTY DAYS AFTER THE ISSUANCE OF THE DECISION IN ONE OF THE
FOLLOWING COURTS REQUESTING A DETERMINATION AS TO WHETHER THE 14,887
ORDER SHOULD BE TERMINATED OR WHETHER ANY OTHER APPROPRIATE 14,889
DETERMINATION REGARDING THE ORDER SHOULD BE MADE:
(A) WITH RESPECT TO A COURT CHILD SUPPORT ORDER, IN THE 14,891
COURT THAT ISSUED THE ORDER OR THAT OTHERWISE HAS JURISDICTION 14,892
OVER THE ORDER;
(B) WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER, 14,894
THE JUVENILE COURT OR OTHER COURT WITH JURISDICTION UNDER SECTION 14,895
2101.022 OR 2301.03 OF THE REVISED CODE OF THE COUNTY IN WHICH 14,896
THE AGENCY THAT ISSUED THE ORDER IS LOCATED. 14,897
THE NOTICE SHALL ALSO STATE THAT IF NEITHER THE OBLIGOR NOR 14,899
THE OBLIGEE FILES THE MOTION WITHIN THE THIRTY-DAY PERIOD, THE 14,901
ADMINISTRATIVE HEARING DECISION IS FINAL AND WILL BE FILED WITH 14,902
THE COURT OR IN THE ADMINISTRATIVE CASE FILE.
341
Sec. 3119.92. IF THE OBLIGOR, THE OBLIGEE, OR BOTH FILE A 14,905
MOTION AS DESCRIBED IN SECTION 3119.91 OF THE REVISED CODE WITHIN 14,906
THE THIRTY-DAY PERIOD, THE COURT SHALL SET THE CASE FOR A HEARING 14,908
FOR A DETERMINATION AS TO WHETHER THE SUPPORT ORDER SHOULD BE 14,909
TERMINATED OR WHETHER THE COURT SHOULD TAKE ANY OTHER APPROPRIATE 14,910
ACTION. ON THE FILING OF THE MOTION, THE COURT SHALL ISSUE AN 14,911
ORDER DIRECTING THAT THE IMPOUNDMENT ORDER ISSUED BY THE CHILD 14,912
SUPPORT ENFORCEMENT AGENCY REGARDING SUPPORT AMOUNTS RECEIVED FOR 14,913
THE CHILD REMAIN IN EFFECT WHILE THE MOTION IS PENDING. IF 14,914
NEITHER THE OBLIGOR NOR THE OBLIGEE FILES A MOTION AS DESCRIBED 14,915
IN SECTION 3119.91 OF THE REVISED CODE WITHIN THE THIRTY-DAY 14,916
PERIOD, THE ADMINISTRATIVE HEARING DECISION IS FINAL AND WILL BE 14,917
FILED WITH THE COURT OR IN THE ADMINISTRATIVE CASE FILE. 14,918
Sec. 3119.93. THE TERMINATION OF A CHILD SUPPORT ORDER BY 14,921
A COURT OR AGENCY ALSO TERMINATES ANY APPLICABLE WITHHOLDING OR 14,922
DEDUCTION NOTICE OR OTHER ORDER ISSUED UNDER SECTION 3121.03 OF 14,924
THE REVISED CODE. WITH RESPECT TO A COURT CHILD SUPPORT ORDER, 14,925
ON THE TERMINATION OF ANY WITHHOLDING OR DEDUCTION NOTICE, THE 14,927
COURT IMMEDIATELY SHALL NOTIFY THE APPROPRIATE CHILD SUPPORT 14,928
ENFORCEMENT AGENCY THAT THE ORDER OR NOTICE HAS BEEN TERMINATED. 14,929
IF A WITHHOLDING NOTICE OR ORDER IS TERMINATED, THE AGENCY 14,930
IMMEDIATELY SHALL NOTIFY EACH PAYOR OR FINANCIAL INSTITUTION 14,931
REQUIRED TO WITHHOLD OR DEDUCT A SUM OF MONEY FOR THE PAYMENT OF 14,933
SUPPORT UNDER THE ORDER OR NOTICE THAT IT HAS BEEN TERMINATED AND 14,934
THAT THE PAYOR OR INSTITUTION IS REQUIRED TO CEASE ALL 14,935
WITHHOLDING OR DEDUCTION UNDER THE ORDER OR NOTICE. 14,936
Sec. 3119.94. THE DIRECTOR OF JOB AND FAMILY SERVICES 14,938
SHALL ADOPT RULES THAT PROVIDE FOR ALL OF THE FOLLOWING: 14,939
(A) THE PAYMENT TO THE APPROPRIATE PERSON OF ANY FUNDS 14,941
THAT A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY HAS IMPOUNDED 14,942
UNDER SECTION 3119.90 OR 3119.92 OF THE REVISED CODE; 14,943
(B) THE RETURN TO THE APPROPRIATE PERSON OF ANY OTHER 14,945
PAYMENTS MADE PURSUANT TO A CHILD SUPPORT ORDER IF THE PAYMENTS 14,946
WERE MADE AT ANY TIME AFTER THE CHILD SUPPORT ORDER HAS BEEN 14,948
342
TERMINATED PURSUANT TO SECTION 3119.90 OR 3119.92 OF THE REVISED
CODE;
(C) ANY OTHER STANDARDS, FORMS, OR PROCEDURES NEEDED TO 14,950
ENSURE UNIFORM IMPLEMENTATION OF SECTIONS 3119.86 TO 3119.94 OF 14,951
THE REVISED CODE. 14,952
Sec. 3119.96. AS USED IN SECTIONS 3119.961 TO 3119.967 OF 14,954
THE REVISED CODE, "GENETIC TESTS" AND "GENETIC TESTING" HAVE THE 14,955
SAME MEANINGS AS IN SECTION 3111.09 OF THE REVISED CODE. 14,956
Sec. 3119.961. (A) NOTWITHSTANDING THE PROVISIONS TO THE 14,958
CONTRARY IN CIVIL RULE 60(B) AND IN ACCORDANCE WITH THIS SECTION, 14,961
A PERSON MAY FILE A MOTION FOR RELIEF FROM A FINAL JUDGMENT, 14,962
COURT ORDER, OR ADMINISTRATIVE DETERMINATION OR ORDER THAT 14,963
DETERMINES THAT THE PERSON OR A MALE MINOR REFERRED TO IN 14,964
DIVISION (B) OF SECTION 3109.19 OF THE REVISED CODE IS THE FATHER 14,965
OF A CHILD OR FROM A CHILD SUPPORT ORDER UNDER WHICH THE PERSON 14,967
OR MALE MINOR IS THE OBLIGOR. THE PERSON SHALL FILE THE MOTION 14,968
IN THE JUVENILE COURT OR OTHER COURT WITH JURISDICTION UNDER 14,969
SECTION 2101.022 OR 2301.03 OF THE REVISED CODE OF THE COUNTY IN 14,970
WHICH THE ORIGINAL JUDGMENT, COURT ORDER, ADMINISTRATIVE 14,971
DETERMINATION OR ORDER, OR CHILD SUPPORT ORDER WAS MADE, EXCEPT 14,972
THAT, IF THE DETERMINATION OF PATERNITY IS AN ACKNOWLEDGMENT OF 14,973
PATERNITY THAT HAS BECOME FINAL UNDER SECTION 2151.232, 3111.25, 14,974
OR 3111.821 OF THE REVISED CODE OR FORMER SECTION 3111.211 OR 14,975
5101.314 OF THE REVISED CODE, THE PERSON SHALL FILE THE MOTION IN 14,977
THE JUVENILE COURT OR OTHER COURT WITH JURISDICTION OF THE COUNTY 14,978
IN WHICH THE PERSON OR THE CHILD WHO IS THE SUBJECT OF THE 14,979
ACKNOWLEDGMENT RESIDES. 14,980
(B) ON THE MOTION OF ANY ADVERSE PARTY OR ON ITS OWN 14,982
MOTION, THE COURT IN WHICH AN ACTION IS BROUGHT UNDER THIS 14,983
SECTION MAY TRANSFER THE ACTION TO THE COUNTY IN WHICH AN ADVERSE 14,985
PARTY RESIDES WHEN IT APPEARS TO THE COURT THAT THE LOCATION OF 14,986
THE ORIGINAL VENUE PRESENTS A HARDSHIP FOR THAT ADVERSE PARTY.
Sec. 3113.2111 3119.962. (A)(1) Notwithstanding the 14,995
provisions to the contrary in civil rule 60(B) and in accordance 14,998
343
with this section, a person may file a motion for relief from a 15,000
final judgment, court order, or administrative determination or 15,001
order that determines that the person or a male minor referred to 15,002
in division (B) of section 3109.19 of the Revised Code is the 15,003
father of a child or that requires the person or male minor to 15,005
pay child support. The person shall file the motion in the court 15,006
of common pleas of the county in which the original judgment, 15,007
court order, or administrative determination or order was made. 15,008
(2) Upon the motion of any adverse party or upon its own 15,010
motion, the court in which an action is brought under this 15,011
section may transfer the action to the county in which an adverse 15,013
party resides when it appears to the court that the location of 15,014
the original venue presents a hardship for that adverse party. 15,015
(B)(1) Upon the filing of a motion for relief under 15,017
division (A)(1) of this section 3119.961 OF THE REVISED CODE, a 15,018
court shall grant relief from a final judgment, court order, or 15,021
administrative determination or order that determines that a
person or male minor is the father of a child or that requires 15,023
FROM a CHILD SUPPORT ORDER UNDER WHICH A person or male minor to 15,024
pay child support for a child IS THE OBLIGOR if all of the 15,025
following apply:
(a) The court receives genetic test results from a genetic 15,027
test administered no more than six months prior to the filing of 15,028
the motion for relief that finds that there is a zero per cent 15,030
probability that the person or male minor is the father of the 15,031
child. 15,032
(b) The person or male minor has not adopted the child. 15,034
(c) The child was not conceived as a result of artificial 15,036
insemination in compliance with sections 3111.30 3111.88 to 15,037
3111.38 3111.96 of the Revised Code. 15,039
(2) A court shall not deny relief from a final judgment, 15,041
court order, or administrative determination or order that 15,042
determines that a person or male minor is the father of a child 15,043
or that requires FROM A CHILD SUPPORT ORDER UNDER WHICH a person 15,044
344
or male minor to pay child support for a child IS THE OBLIGOR 15,045
solely because of the occurrence of any of the following acts if 15,048
the person or male minor at the time of or prior to the 15,049
occurrence of that act did not know that he was not the natural 15,051
father of the child:
(a) The person or male minor married the mother of the 15,053
child.
(b) The person or male minor acknowledged his paternity of 15,055
the child in a writing sworn to before a notary public. 15,056
(c) The person or male minor was named as the child's 15,058
natural father on the child's birth certificate with the valid 15,059
consent of the person or male minor. 15,060
(d) The person or male minor was required to support the 15,062
child because of a written voluntary promise or by a court order 15,064
or an administrative CHILD support order. 15,066
(e)(b) The person or male minor validly signed the child's 15,068
birth certificate as an informant as provided in section 3705.09 15,070
of the Revised Code as that section existed prior to January 1, 15,072
1998.
(f)(c) The person or male minor was named in an 15,074
acknowledgment of paternity of the child that a court entered 15,076
upon its journal pursuant to former section 2105.18 of the 15,077
Revised Code.
(g)(d) The person or male minor was named in an 15,079
acknowledgment of paternity of the child that has become final 15,081
under section 2151.232, 3111.25, OR 3111.821 OF THE REVISED CODE 15,082
OR FORMER SECTION 3111.211, or 5101.314 of the Revised Code. 15,083
(h)(e) The person or male minor was presumed to be the 15,085
natural father of the child under any of the circumstances listed 15,087
in section 3111.03 of the Revised Code. 15,088
(i)(f) THE PERSON OR MALE MINOR WAS PRESUMED TO BE THE 15,090
NATURAL FATHER OF THE CHILD UNDER ANY OF THE CIRCUMSTANCES LISTED 15,092
IN:
(i) DIVISION (A)(3) OF SECTION 3111.03 OF THE REVISED CODE 15,094
345
AS THAT DIVISION EXISTED PRIOR TO JANUARY 1, 1998; 15,095
(ii) DIVISION (A)(3) OF SECTION 3111.03 OF THE REVISED 15,097
CODE AS THAT DIVISION EXISTED ON AND AFTER JANUARY 1, 1998, AND 15,099
PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT; 15,100
(iii) DIVISION (A)(5) OF SECTION 3111.03 OF THE REVISED 15,102
CODE AS THAT DIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS 15,104
AMENDMENT.
(g) The person or male minor was determined to be the 15,106
father of the child in a parentage action under Chapter 3111. of 15,107
the Revised Code. 15,108
(j)(h) The person or male minor otherwise admitted or 15,110
acknowledged himself to be the child's natural father. 15,112
(C)(B) A court shall not grant relief from a final 15,114
judgment, court order, or administrative determination or order 15,117
that determines that a person or male minor is the father of a 15,119
child or that requires FROM A CHILD SUPPORT ORDER UNDER WHICH a 15,120
person or male minor to pay child support for a child IS THE 15,122
OBLIGOR if the court determines, by a preponderance of the 15,123
evidence, that the person or male minor knew that he was not the 15,124
natural father of the child before any of the following: 15,125
(1) Any act listed in divisions (B)(A)(2)(a) to (g)(d) AND 15,128
(A)(2)(f) of this section occurred. 15,129
(2) The person or male minor was presumed to be the 15,131
natural father of the child under any of the circumstances listed 15,132
in divisions (A)(1) to (4)(3) of section 3111.03 of the Revised 15,133
Code.
(3) The person or male minor otherwise admitted or 15,135
acknowledged himself to be the child's father. 15,136
(D)(1) In any action for relief instituted under this 15,138
section, if the genetic test results submitted in connection with 15,139
the motion for relief are solely provided by the moving party, 15,141
the court, upon its own motion, may order and, upon the motion of 15,142
any party to the action, shall order the child's mother, the 15,143
child, and the alleged father to submit to genetic tests. The 15,144
346
clerk of the court shall schedule the genetic testing no later 15,145
than thirty days after the court issues its order. 15,146
(2) If the mother is the custodian of the child and 15,148
willfully fails to submit the child to genetic testing, if the 15,149
alleged father of the child willfully fails to submit himself to 15,150
genetic testing, or if the alleged father is the custodian of the 15,151
child and willfully fails to submit the child to genetic testing, 15,152
the court shall issue an order determining the motion for relief 15,153
against the party failing to submit the party or the child to the 15,154
genetic testing. If a party shows good cause for failing to 15,156
submit to genetic testing or for failing to submit the child to 15,157
genetic testing, the court shall not consider the failure to be 15,158
willful.
(3) The party requesting the genetic tests shall pay any 15,160
fees charged for the tests, unless the custodian of the child is 15,161
represented by the child support enforcement agency in its role 15,162
as the agency providing enforcement of child support orders, in 15,163
which case the child support enforcement agency shall pay the 15,164
costs of genetic testing if it requests the tests. The child 15,165
support enforcement agency or the person who paid the fees 15,166
charged for the genetic testing may seek reimbursement for the 15,167
fees from the person against whom the court assesses the costs of 15,168
the action. 15,169
(4) The genetic tests shall be made by qualified examiners 15,171
who are authorized by the court or the department of job and 15,172
family services or by a genetic testing laboratory accredited by 15,173
the american association of blood banks. An examiner conducting 15,174
a genetic test, upon the completion of the test, shall send a 15,176
complete report of the test results to the clerk of the court 15,177
that ordered the test.
(E) If a court grants a motion that relieves a person or 15,180
male minor from a final judgment, court order, or administrative 15,181
determination or order under this section, the granting of the 15,182
motion does not preclude any person from filing, subsequent to 15,183
347
the granting of the motion, an action under Chapter 3111. of the 15,185
Revised Code to establish a parent-child relationship between the 15,186
person or male minor who was granted relief and the child who is 15,187
the subject of the judgment, court order, or administrative 15,188
determination or order from which relief was granted. A person 15,190
shall not file more than one action of that type under Chapter 15,191
3111. of the Revised Code in any two-year period regarding the 15,192
person or male minor who was granted relief and the child. A 15,193
court, pursuant to a motion filed under this division and in 15,194
accordance with Chapter 3111. of the Revised Code, may enter a 15,196
judgment in the action that determines the existence of a
parent-child relationship between the person or male minor 15,198
granted relief and the child only if genetic tests taken 15,199
subsequent to the granting of the motion for relief indicate that 15,200
there is a statistical probability that the party or the male 15,201
minor is the natural father of the child. If a person files an 15,202
action under Chapter 3111. of the Revised Code as described in
this division and the court determines that no parent-child 15,204
relationship exists between the person or the male minor and the 15,205
child, the court shall require the person who filed the action to 15,207
pay all court costs of the action and the reasonable attorney's 15,208
fees of the opposing party. 15,209
(F) If a court grants relief from a judgment, court order, 15,211
or administrative determination or order pursuant to this section 15,213
and the person who is relieved from the judgment, order, or 15,214
determination, the male minor, or any relative of the person or 15,215
male minor has been granted companionship or visitation rights 15,216
with the child pursuant to an order issued under section 3109.051 15,217
or 3109.12 of the Revised Code, the court shall determine whether 15,218
the order granting those rights should be terminated, modified, 15,219
or continued.
(G) If a court grants relief from a judgment, court order, 15,221
or administrative order for the payment of child support pursuant 15,223
to this section and child support arrearages are owed, the court 15,224
348
may issue an order canceling that arrearage. Nothing in this 15,225
section limits any actions that may be taken by the person or 15,226
male minor granted relief under this section to recover child 15,227
support paid under the judgment or order from which relief was 15,228
granted.
(H) If relief from a judgment, court order, or 15,230
administrative order for the payment of child support is not 15,232
granted pursuant to this section, the court shall require the 15,233
person who filed the motion for relief to pay all court costs of 15,234
the action and the reasonable attorney's fees of the opposing 15,236
party.
(I) Except as otherwise provided in this section, a party 15,238
is entitled to obtain relief under this section regardless of 15,239
whether the final judgment, court order, or administrative 15,241
determination or order from which relief is sought was issued 15,242
prior to, on, or after the effective date of this section.
(J) As used in this section: 15,244
(1) "Child support" means support for a child that is 15,246
included in a support order issued or modified prior to, on, or 15,247
after the effective date of this section, under former section 15,249
3111.21 or section 2151.23, 2151.33, 2151.36, 2151.49, 3105.21, 15,250
3109.05, 3109.19, 3111.13, 3111.20, 3111.22, 3111.27, 3113.04, 15,251
3113.07, 3113.216, or 3113.31 of the Revised Code. 15,252
(2) "Genetic tests" and "genetic testing" have the same 15,254
meanings as in section 3111.09 of the Revised Code. 15,255
(C) IF THE DETERMINATION OF PATERNITY FROM WHICH RELIEF IS 15,257
SOUGHT IS AN ACKNOWLEDGMENT OF PATERNITY THAT HAS BECOME FINAL 15,258
UNDER SECTION 2151.232, 3111.25, OR 3111.821 OF THE REVISED CODE 15,260
OR FORMER SECTION 3111.211 OR 5101.314 OF THE REVISED CODE, AND 15,262
THE COURT GRANTS THE MOTION FOR RELIEF, IT SHALL ORDER THE 15,263
ACKNOWLEDGMENT TO BE RESCINDED AND DESTROYED AND ORDER THE 15,264
DEPARTMENT OF JOB AND FAMILY SERVICES TO REMOVE ALL INFORMATION 15,265
RELATING TO THE ACKNOWLEDGMENT FROM THE BIRTH REGISTRY. 15,266
Sec. 3119.963. (A) IN ANY ACTION FOR RELIEF INSTITUTED 15,268
349
UNDER SECTION 3119.961 OF THE REVISED CODE, IF THE GENETIC TEST 15,270
RESULTS SUBMITTED PURSUANT TO SECTION 3119.962 OF THE REVISED
CODE IN CONNECTION WITH THE MOTION FOR RELIEF ARE SOLELY PROVIDED 15,272
BY THE MOVING PARTY, THE COURT, UPON ITS OWN MOTION, MAY ORDER 15,273
AND, UPON THE MOTION OF ANY PARTY TO THE ACTION, SHALL ORDER THE 15,275
CHILD'S MOTHER, THE CHILD, AND THE ALLEGED FATHER TO SUBMIT TO 15,276
GENETIC TESTS. THE CLERK OF THE COURT SHALL SCHEDULE THE GENETIC 15,277
TESTING NO LATER THAN THIRTY DAYS AFTER THE COURT ISSUES ITS 15,278
ORDER.
(B) IF THE MOTHER IS THE CUSTODIAN OF THE CHILD AND 15,280
WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, IF THE 15,281
ALLEGED FATHER OF THE CHILD WILLFULLY FAILS TO SUBMIT HIMSELF TO 15,282
GENETIC TESTING, OR IF THE ALLEGED FATHER IS THE CUSTODIAN OF THE 15,283
CHILD AND WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, 15,284
THE COURT SHALL ISSUE AN ORDER DETERMINING THE MOTION FOR RELIEF 15,285
AGAINST THE PARTY FAILING TO SUBMIT THE PARTY OR THE CHILD TO THE 15,286
GENETIC TESTING. IF A PARTY SHOWS GOOD CAUSE FOR FAILING TO 15,288
SUBMIT TO GENETIC TESTING OR FOR FAILING TO SUBMIT THE CHILD TO 15,289
GENETIC TESTING, THE COURT SHALL NOT CONSIDER THE FAILURE TO BE 15,290
WILLFUL.
(C) THE PARTY REQUESTING THE GENETIC TESTS SHALL PAY ANY 15,292
FEES CHARGED FOR THE TESTS, UNLESS THE CUSTODIAN OF THE CHILD IS 15,294
REPRESENTED BY THE CHILD SUPPORT ENFORCEMENT AGENCY IN ITS ROLE 15,295
AS THE AGENCY PROVIDING ENFORCEMENT OF CHILD SUPPORT ORDERS, IN 15,296
WHICH CASE THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL PAY THE 15,297
COSTS OF GENETIC TESTING IF IT REQUESTS THE TESTS. THE CHILD 15,298
SUPPORT ENFORCEMENT AGENCY OR THE PERSON WHO PAID THE FEES 15,299
CHARGED FOR THE GENETIC TESTING MAY SEEK REIMBURSEMENT FOR THE 15,300
FEES FROM THE PERSON AGAINST WHOM THE COURT ASSESSES THE COSTS OF 15,301
THE ACTION. 15,302
(D) THE GENETIC TESTS SHALL BE MADE BY QUALIFIED EXAMINERS 15,304
WHO ARE AUTHORIZED BY THE COURT OR THE DEPARTMENT OF JOB AND 15,305
FAMILY SERVICES OR BY A GENETIC TESTING LABORATORY ACCREDITED BY 15,306
THE AMERICAN ASSOCIATION OF BLOOD BANKS. AN EXAMINER CONDUCTING 15,307
350
A GENETIC TEST, UPON THE COMPLETION OF THE TEST, SHALL SEND A 15,309
COMPLETE REPORT OF THE TEST RESULTS TO THE CLERK OF THE COURT 15,310
THAT ORDERED THE TEST.
Sec. 3119.964. (A) IF A COURT GRANTS RELIEF FROM A 15,312
JUDGMENT, ORDER, OR DETERMINATION PURSUANT TO SECTION 3119.962 OF 15,315
THE REVISED CODE AND IF THE PERSON WHO IS RELIEVED OR THE MALE 15,316
MINOR HAS BEEN GRANTED PARENTING TIME RIGHTS PURSUANT TO AN ORDER
ISSUED UNDER SECTION 3109.051 OR 3109.12 OF THE REVISED CODE, OR 15,317
IF ANY RELATIVE OF THE PERSON OR MALE MINOR HAS BEEN GRANTED 15,318
COMPANIONSHIP OR VISITATION RIGHTS WITH THE CHILD PURSUANT TO AN 15,319
ORDER ISSUED UNDER SECTION 3109.051 OR 3109.12 OF THE REVISED 15,320
CODE, THE COURT SHALL DETERMINE WHETHER THE ORDER GRANTING THOSE 15,322
RIGHTS SHOULD BE TERMINATED, MODIFIED, OR CONTINUED.
(B) IF A COURT GRANTS RELIEF FROM A CHILD SUPPORT ORDER 15,325
PURSUANT TO SECTION 3119.962 OF THE REVISED CODE AND SUPPORT 15,326
ARREARAGES ARE OWED, THE COURT MAY ISSUE AN ORDER CANCELING THAT 15,327
ARREARAGE. NOTHING IN THIS SECTION LIMITS ANY ACTIONS THAT MAY 15,329
BE TAKEN BY THE PERSON OR MALE MINOR GRANTED RELIEF UNDER THIS
SECTION TO RECOVER SUPPORT PAID UNDER THE CHILD SUPPORT ORDER 15,330
FROM WHICH RELIEF WAS GRANTED. 15,331
Sec. 3119.965. IF A COURT GRANTS A MOTION THAT RELIEVES A 15,334
PERSON OR MALE MINOR FROM A JUDGMENT, ORDER, OR DETERMINATION 15,335
UNDER SECTION 3119.962 OF THE REVISED CODE, THE GRANTING OF THE 15,336
MOTION DOES NOT PRECLUDE ANY PERSON FROM FILING, SUBSEQUENT TO 15,337
THE GRANTING OF THE MOTION, AN ACTION UNDER CHAPTER 3111. OF THE 15,339
REVISED CODE TO ESTABLISH A PARENT-CHILD RELATIONSHIP BETWEEN THE 15,340
PERSON OR MALE MINOR WHO WAS GRANTED RELIEF AND THE CHILD WHO IS 15,341
THE SUBJECT OF THE JUDGMENT, ORDER, OR DETERMINATION FROM WHICH 15,343
RELIEF WAS GRANTED. A PERSON SHALL NOT FILE MORE THAN ONE ACTION 15,345
OF THAT TYPE UNDER CHAPTER 3111. OF THE REVISED CODE IN ANY 15,346
TWO-YEAR PERIOD REGARDING THE PERSON OR MALE MINOR WHO WAS 15,348
GRANTED RELIEF AND THE CHILD. A COURT, PURSUANT TO A MOTION 15,349
FILED UNDER THIS DIVISION AND IN ACCORDANCE WITH CHAPTER 3111. OF 15,350
THE REVISED CODE, MAY ENTER A JUDGMENT IN THE ACTION THAT 15,351
351
DETERMINES THE EXISTENCE OF A PARENT-CHILD RELATIONSHIP BETWEEN 15,352
THE PERSON OR MALE MINOR GRANTED RELIEF AND THE CHILD ONLY IF 15,353
GENETIC TESTS TAKEN SUBSEQUENT TO THE GRANTING OF THE MOTION FOR 15,354
RELIEF INDICATE THAT THERE IS A STATISTICAL PROBABILITY THAT THE 15,355
PARTY OR THE MALE MINOR IS THE NATURAL FATHER OF THE CHILD. 15,356
Sec. 3119.966. (A) IF RELIEF FROM A CHILD SUPPORT ORDER 15,358
IS NOT GRANTED PURSUANT TO SECTION 3119.962 OF THE REVISED CODE, 15,359
THE COURT SHALL REQUIRE THE PERSON WHO FILED THE MOTION FOR 15,361
RELIEF TO PAY ALL COURT COSTS OF THE ACTION AND THE REASONABLE 15,362
ATTORNEY'S FEES OF THE OPPOSING PARTY. 15,363
(B) IF A PERSON FILES AN ACTION UNDER CHAPTER 3111. OF THE 15,366
REVISED CODE AS DESCRIBED IN SECTION 3119.965 OF THE REVISED CODE 15,368
AND THE COURT DETERMINES THAT NO PARENT-CHILD RELATIONSHIP EXISTS 15,369
BETWEEN THE PERSON OR THE MALE MINOR AND THE CHILD, THE COURT 15,371
SHALL REQUIRE THE PERSON WHO FILED THE ACTION TO PAY ALL COURT 15,372
COSTS OF THE ACTION AND THE REASONABLE ATTORNEY'S FEES OF THE 15,373
OPPOSING PARTY. 15,374
Sec. 3119.967. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 15,376
3119.961 TO 3119.967 OF THE REVISED CODE, A PARTY IS ENTITLED TO 15,378
OBTAIN RELIEF UNDER SECTION 3119.962 OF THE REVISED CODE
REGARDLESS OF WHETHER THE JUDGMENT, ORDER, OR DETERMINATION FROM 15,382
WHICH RELIEF IS SOUGHT WAS ISSUED PRIOR TO, ON, OR AFTER OCTOBER 15,384
27, 2000.
Sec. 3121.01. AS USED IN THIS CHAPTER: 15,386
(A) "COURT CHILD SUPPORT ORDER," "COURT SUPPORT ORDER," 15,388
AND "PERSONAL EARNINGS" HAVE THE SAME MEANINGS AS IN SECTION 15,390
3119.01 OF THE REVISED CODE.
(B) "DEFAULT" MEANS ANY FAILURE TO PAY UNDER A SUPPORT 15,392
ORDER THAT IS AN AMOUNT GREATER THAN OR EQUAL TO THE AMOUNT OF 15,393
SUPPORT PAYABLE UNDER THE SUPPORT ORDER FOR ONE MONTH. 15,394
(C) "FINANCIAL INSTITUTION" MEANS A BANK, SAVINGS AND LOAN 15,396
ASSOCIATION, OR CREDIT UNION, OR A REGULATED INVESTMENT COMPANY 15,397
OR MUTUAL FUND. 15,398
(D) "INCOME" MEANS ANY FORM OF MONETARY PAYMENT, INCLUDING 15,400
352
PERSONAL EARNINGS; WORKERS' COMPENSATION PAYMENTS; UNEMPLOYMENT 15,402
COMPENSATION BENEFITS TO THE EXTENT PERMITTED BY, AND IN 15,403
ACCORDANCE WITH, SECTIONS 3121.07 AND 4141.282 OF THE REVISED 15,404
CODE, AND FEDERAL LAW GOVERNING THE DEPARTMENT OF JOB AND FAMILY 15,406
SERVICES; PENSIONS; ANNUITIES; ALLOWANCES; PRIVATE OR 15,407
GOVERNMENTAL RETIREMENT BENEFITS; DISABILITY OR SICK PAY; 15,408
INSURANCE PROCEEDS; LOTTERY PRIZE AWARDS; FEDERAL, STATE, OR
LOCAL GOVERNMENT BENEFITS TO THE EXTENT THAT THE BENEFITS CAN BE 15,409
WITHHELD OR DEDUCTED UNDER THE LAW GOVERNING THE BENEFITS; ANY 15,410
FORM OF TRUST FUND OR ENDOWMENT; LUMP SUM PAYMENTS; AND ANY OTHER 15,411
PAYMENT IN MONEY. 15,412
(E) "PAYOR" MEANS ANY PERSON OR ENTITY THAT PAYS OR 15,414
DISTRIBUTES INCOME TO AN OBLIGOR, INCLUDING AN OBLIGOR IF THE 15,415
OBLIGOR IS SELF-EMPLOYED; AN EMPLOYER; AN EMPLOYER PAYING AN 15,417
OBLIGOR'S WORKERS' COMPENSATION BENEFITS; THE PUBLIC EMPLOYEES 15,418
RETIREMENT BOARD; THE GOVERNING ENTITY OF A MUNICIPAL RETIREMENT 15,419
SYSTEM; THE BOARD OF TRUSTEES OF THE OHIO POLICE AND FIRE PENSION 15,420
FUND; THE STATE TEACHERS RETIREMENT BOARD; THE SCHOOL EMPLOYEES 15,421
RETIREMENT BOARD; THE STATE HIGHWAY PATROL RETIREMENT BOARD; THE 15,422
BUREAU OF WORKERS' COMPENSATION; OR ANY OTHER PERSON OR ENTITY 15,423
OTHER THAN THE DEPARTMENT OF JOB AND FAMILY SERVICES WITH RESPECT 15,424
TO UNEMPLOYMENT COMPENSATION BENEFITS PAID PURSUANT TO CHAPTER 15,426
4141. OF THE REVISED CODE. 15,428
Sec. 3121.02. IN ANY ACTION IN WHICH A SUPPORT ORDER IS 15,430
ISSUED OR MODIFIED, ONE OF THE FOLLOWING SHALL APPLY, AS 15,431
APPROPRIATE, TO ENSURE THAT WITHHOLDING OR DEDUCTION FROM THE 15,432
INCOME OR ASSETS OF THE OBLIGOR IS AVAILABLE FROM THE 15,433
COMMENCEMENT OF THE SUPPORT ORDER FOR THE COLLECTION OF THE 15,434
SUPPORT AND ANY ARREARAGES THAT OCCUR:
(A) THE COURT, WITH RESPECT TO A COURT SUPPORT ORDER, OR 15,436
THE CHILD SUPPORT ENFORCEMENT AGENCY, WITH RESPECT TO AN 15,437
ADMINISTRATIVE CHILD SUPPORT ORDER, SHALL REQUIRE THE WITHHOLDING 15,440
OR DEDUCTION OF INCOME OR ASSETS OF THE OBLIGOR UNDER SECTION 15,443
3121.03 OF THE REVISED CODE.
353
(B) THE COURT, WITH RESPECT TO A COURT SUPPORT ORDER, 15,445
SHALL ISSUE ANOTHER TYPE OF COURT ORDER UNDER DIVISION (C) OR (D) 15,447
OF SECTION 3121.03 OF THE REVISED CODE OR SECTION 3121.04, 15,448
3121.05, 3121.06, OR 3121.12 OF THE REVISED CODE. 15,449
(C) THE AGENCY, WITH RESPECT TO AN ADMINISTRATIVE CHILD 15,451
SUPPORT ORDER, SHALL ISSUE AN ADMINISTRATIVE ORDER, OR REQUEST 15,452
THAT THE COURT ISSUE A COURT ORDER, UNDER DIVISION (C) OR (D) OF 15,453
SECTION 3121.03 OF THE REVISED CODE OR SECTION 3121.12 OF THE 15,454
REVISED CODE.
Sec. 3121.03. IF A COURT OR CHILD SUPPORT ENFORCEMENT 15,456
AGENCY THAT ISSUED OR MODIFIED A SUPPORT ORDER, OR THE AGENCY 15,457
ADMINISTERING THE SUPPORT ORDER, IS REQUIRED BY THE REVISED CODE 15,459
TO ISSUE ONE OR MORE WITHHOLDING OR DEDUCTION NOTICES DESCRIBED 15,461
IN THIS SECTION OR OTHER ORDERS DESCRIBED IN THIS SECTION, THE 15,463
COURT OR AGENCY SHALL ISSUE ONE OR MORE OF THE FOLLOWING TYPES OF
NOTICES OR ORDERS, AS APPROPRIATE, FOR PAYMENT OF THE SUPPORT AND 15,466
ALSO, IF REQUIRED BY THE REVISED CODE OR THE COURT, TO PAY ANY 15,468
ARREARAGES:
(A)(1) IF THE COURT OR THE CHILD SUPPORT ENFORCEMENT 15,470
AGENCY DETERMINES THAT THE OBLIGOR IS RECEIVING INCOME FROM A 15,472
PAYOR, THE COURT OR AGENCY SHALL REQUIRE THE PAYOR TO DO ALL OF 15,473
THE FOLLOWING:
(a) WITHHOLD FROM THE OBLIGOR'S INCOME A SPECIFIED AMOUNT 15,476
FOR SUPPORT IN SATISFACTION OF THE SUPPORT ORDER AND BEGIN THE 15,478
WITHHOLDING NO LATER THAN FOURTEEN BUSINESS DAYS FOLLOWING THE 15,480
DATE THE NOTICE IS MAILED TO THE PAYOR UNDER SECTION 3121.035 OR 15,482
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 15,483
PERIOD THAT OCCURS AFTER FOURTEEN BUSINESS DAYS FOLLOWING THE 15,484
DATE THE NOTICE IS MAILED; 15,485
(b) SEND THE AMOUNT WITHHELD TO THE OFFICE OF CHILD 15,487
SUPPORT IN THE DEPARTMENT OF JOB AND FAMILY SERVICES PURSUANT TO 15,489
SECTION 3121.43 OF THE REVISED CODE IMMEDIATELY BUT NOT LATER 15,490
THAN SEVEN BUSINESS DAYS AFTER THE DATE THE OBLIGOR IS PAID; 15,491
354
(c) CONTINUE THE WITHHOLDING AT INTERVALS SPECIFIED IN THE 15,494
NOTICE UNTIL FURTHER NOTICE FROM THE COURT OR CHILD SUPPORT 15,495
ENFORCEMENT AGENCY.
TO THE EXTENT POSSIBLE, THE AMOUNT SPECIFIED TO BE WITHHELD 15,498
SHALL SATISFY THE AMOUNT ORDERED FOR SUPPORT IN THE SUPPORT ORDER 15,499
PLUS ANY ARREARAGES OWED BY THE OBLIGOR UNDER ANY PRIOR SUPPORT 15,500
ORDER THAT PERTAINED TO THE SAME CHILD OR SPOUSE, NOTWITHSTANDING 15,501
ANY APPLICABLE LIMITATIONS OF SECTIONS 2329.66, 2329.70, 2716.02, 15,502
2716.041, AND 2716.05 OF THE REVISED CODE. HOWEVER, IN NO CASE 15,504
SHALL THE SUM OF THE AMOUNT TO BE WITHHELD AND ANY FEE WITHHELD 15,505
BY THE PAYOR AS A CHARGE FOR ITS SERVICES EXCEED THE MAXIMUM 15,507
AMOUNT PERMITTED UNDER SECTION 303(b) OF THE "CONSUMER CREDIT 15,509
PROTECTION ACT," 15 U.S.C. 1673(b). 15,510
(2) A COURT OR AGENCY THAT IMPOSES AN INCOME WITHHOLDING 15,512
REQUIREMENT SHALL, WITHIN THE APPLICABLE TIME SPECIFIED IN 15,514
SECTION 3119.80, 3119.81, 3121.035, OR 3123.06 OF THE REVISED 15,515
CODE, SEND TO THE OBLIGOR'S PAYOR BY REGULAR MAIL A NOTICE THAT 15,517
CONTAINS ALL OF THE INFORMATION APPLICABLE TO WITHHOLDING NOTICES 15,518
SET FORTH IN SECTION 3121.037 OF THE REVISED CODE. THE NOTICE IS 15,520
FINAL AND IS ENFORCEABLE BY THE COURT.
(B)(1) IF THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY 15,522
DETERMINES THAT THE OBLIGOR HAS FUNDS THAT ARE NOT EXEMPT UNDER 15,523
THE LAWS OF THIS STATE OR THE UNITED STATES FROM EXECUTION, 15,524
ATTACHMENT, OR OTHER LEGAL PROCESS AND ARE ON DEPOSIT IN AN 15,525
ACCOUNT IN A FINANCIAL INSTITUTION UNDER THE JURISDICTION OF THE 15,526
COURT THAT ISSUED THE COURT SUPPORT ORDER, OR IN THE CASE OF AN 15,527
ADMINISTRATIVE CHILD SUPPORT ORDER, UNDER THE JURISDICTION OF THE 15,529
COMMON PLEAS COURT OF THE COUNTY IN WHICH THE AGENCY THAT ISSUED
OR IS ADMINISTERING THE ORDER IS LOCATED, THE COURT OR AGENCY MAY 15,532
REQUIRE ANY FINANCIAL INSTITUTION IN WHICH THE OBLIGOR'S FUNDS 15,533
ARE ON DEPOSIT TO DO ALL OF THE FOLLOWING:
(a) DEDUCT FROM THE OBLIGOR'S ACCOUNT A SPECIFIED AMOUNT 15,536
FOR SUPPORT IN SATISFACTION OF THE SUPPORT ORDER AND BEGIN THE 15,537
DEDUCTION NO LATER THAN FOURTEEN BUSINESS DAYS FOLLOWING THE DATE 15,538
355
THE NOTICE WAS MAILED TO THE FINANCIAL INSTITUTION UNDER SECTION 15,539
3121.035 OR 3123.06 OF THE REVISED CODE AND DIVISION (B)(2) OF 15,541
THIS SECTION;
(b) SEND THE AMOUNT DEDUCTED TO THE OFFICE OF CHILD 15,544
SUPPORT IN THE DEPARTMENT OF JOB AND FAMILY SERVICES PURSUANT TO 15,546
SECTION 3121.43 OF THE REVISED CODE IMMEDIATELY BUT NOT LATER 15,547
THAN SEVEN BUSINESS DAYS AFTER THE DATE THE LATEST DEDUCTION WAS 15,549
MADE;
(c) PROVIDE THE DATE ON WHICH THE AMOUNT WAS DEDUCTED; 15,552
(d) CONTINUE THE DEDUCTION AT INTERVALS SPECIFIED IN THE 15,555
NOTICE UNTIL FURTHER NOTICE FROM THE COURT OR CHILD SUPPORT 15,556
ENFORCEMENT AGENCY.
TO THE EXTENT POSSIBLE, THE AMOUNT TO BE DEDUCTED SHALL 15,559
SATISFY THE AMOUNT ORDERED FOR SUPPORT IN THE SUPPORT ORDER PLUS 15,560
ANY ARREARAGES THAT MAY BE OWED BY THE OBLIGOR UNDER ANY PRIOR 15,561
SUPPORT ORDER THAT PERTAINED TO THE SAME CHILD OR SPOUSE, 15,562
NOTWITHSTANDING THE LIMITATIONS OF SECTIONS 2329.66, 2329.70, AND 15,563
2716.13 OF THE REVISED CODE.
(2) A COURT OR AGENCY THAT IMPOSES A DEDUCTION REQUIREMENT 15,566
SHALL, WITHIN THE APPLICABLE PERIOD OF TIME SPECIFIED IN SECTION 15,568
3119.80, 3119.81, 3121.035, OR 3123.06 OF THE REVISED CODE, SEND
TO THE FINANCIAL INSTITUTION BY REGULAR MAIL A NOTICE THAT 15,571
CONTAINS ALL OF THE INFORMATION APPLICABLE TO DEDUCTION NOTICES 15,572
SET FORTH IN SECTION 3121.037 OF THE REVISED CODE. THE NOTICE IS 15,574
FINAL AND IS ENFORCEABLE BY THE COURT.
(C) WITH RESPECT TO ANY COURT SUPPORT ORDER IT ISSUES, A 15,576
COURT MAY ISSUE AN ORDER REQUIRING THE OBLIGOR TO ENTER INTO A 15,579
CASH BOND WITH THE COURT. THE COURT SHALL ISSUE THE ORDER AS 15,580
PART OF THE COURT SUPPORT ORDER OR, IF THE COURT SUPPORT ORDER
HAS PREVIOUSLY BEEN ISSUED, AS A SEPARATE ORDER. THE CASH BOND 15,581
SHALL BE IN A SUM FIXED BY THE COURT AT NOT LESS THAN FIVE 15,583
HUNDRED NOR MORE THAN TEN THOUSAND DOLLARS, CONDITIONED THAT THE 15,584
OBLIGOR WILL MAKE PAYMENT AS PREVIOUSLY ORDERED AND WILL PAY ANY 15,585
ARREARAGES UNDER ANY PRIOR COURT SUPPORT ORDER THAT PERTAINED TO
356
THE SAME CHILD OR SPOUSE. 15,586
THE ORDER, ALONG WITH AN ADDITIONAL ORDER REQUIRING THE 15,589
OBLIGOR TO IMMEDIATELY NOTIFY THE CHILD SUPPORT ENFORCEMENT 15,590
AGENCY, IN WRITING, IF THE OBLIGOR BEGINS TO RECEIVE INCOME FROM 15,592
A PAYOR, SHALL BE ATTACHED TO AND SERVED ON THE OBLIGOR AT THE 15,593
SAME TIME AS SERVICE OF THE COURT SUPPORT ORDER OR, IF THE COURT 15,594
SUPPORT ORDER HAS PREVIOUSLY BEEN ISSUED, AS SOON AS POSSIBLE 15,595
AFTER THE ISSUANCE OF THE ORDER UNDER THIS SECTION. THE 15,596
ADDITIONAL ORDER REQUIRING NOTICE BY THE OBLIGOR SHALL STATE ALL 15,597
OF THE FOLLOWING:
(1) THAT WHEN THE OBLIGOR BEGINS TO RECEIVE INCOME FROM A 15,600
PAYOR THE OBLIGOR MAY REQUEST THAT THE COURT CANCEL ITS BOND 15,601
ORDER AND INSTEAD ISSUE A NOTICE REQUIRING THE WITHHOLDING OF AN 15,602
AMOUNT FROM INCOME FOR SUPPORT IN ACCORDANCE WITH THIS SECTION; 15,604
(2) THAT WHEN THE OBLIGOR BEGINS TO RECEIVE INCOME FROM A 15,607
PAYOR THE COURT WILL PROCEED TO COLLECT ON THE BOND IF THE COURT 15,608
DETERMINES THAT PAYMENTS DUE UNDER THE COURT SUPPORT ORDER HAVE 15,609
NOT BEEN MADE AND THAT THE AMOUNT THAT HAS NOT BEEN PAID IS AT 15,610
LEAST EQUAL TO THE SUPPORT OWED FOR ONE MONTH UNDER THE COURT 15,611
SUPPORT ORDER AND WILL ISSUE A NOTICE REQUIRING THE WITHHOLDING 15,612
OF AN AMOUNT FROM INCOME FOR SUPPORT IN ACCORDANCE WITH THIS 15,614
SECTION. THE NOTICE REQUIRED OF THE OBLIGOR SHALL INCLUDE A 15,615
DESCRIPTION OF THE NATURE OF ANY NEW EMPLOYMENT, THE NAME AND 15,616
BUSINESS ADDRESS OF ANY NEW EMPLOYER, AND ANY OTHER INFORMATION 15,617
REASONABLY REQUIRED BY THE COURT.
THE COURT SHALL NOT ORDER AN OBLIGOR TO POST A CASH BOND 15,619
UNDER THIS SECTION UNLESS THE COURT DETERMINES THAT THE OBLIGOR 15,620
HAS THE ABILITY TO DO SO. 15,621
A CHILD SUPPORT ENFORCEMENT AGENCY MAY NOT ISSUE A CASH 15,624
BOND ORDER. IF A CHILD SUPPORT ENFORCEMENT AGENCY IS REQUIRED TO 15,625
ISSUE A WITHHOLDING OR DEDUCTION NOTICE UNDER THIS SECTION WITH 15,627
RESPECT TO A COURT SUPPORT ORDER BUT THE AGENCY DETERMINES THAT
NO WITHHOLDING OR DEDUCTION NOTICE WOULD BE APPROPRIATE, THE 15,629
AGENCY MAY REQUEST THAT THE COURT ISSUE A CASH BOND ORDER UNDER 15,630
357
THIS SECTION, AND UPON THE REQUEST, THE COURT MAY ISSUE THE 15,631
ORDER.
(D)(1) IF THE OBLIGOR UNDER A COURT SUPPORT ORDER IS 15,633
UNEMPLOYED, HAS NO INCOME, AND DOES NOT HAVE AN ACCOUNT AT ANY 15,635
FINANCIAL INSTITUTION, OR ON REQUEST OF A CHILD SUPPORT 15,636
ENFORCEMENT AGENCY UNDER DIVISION (D)(1) OR (2) OF THIS SECTION, 15,637
THE COURT SHALL ISSUE AN ORDER REQUIRING THE OBLIGOR, IF ABLE TO 15,639
ENGAGE IN EMPLOYMENT, TO SEEK EMPLOYMENT OR PARTICIPATE IN A WORK 15,641
ACTIVITY TO WHICH A RECIPIENT OF ASSISTANCE UNDER TITLE IV-A OF 15,644
THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, 15,649
AS AMENDED, MAY BE ASSIGNED AS SPECIFIED IN SECTION 407(d) OF THE 15,650
"SOCIAL SECURITY ACT," 42 U.S.C.A. 607(d), AS AMENDED. THE COURT 15,655
SHALL INCLUDE IN THE ORDER A REQUIREMENT THAT THE OBLIGOR NOTIFY 15,657
THE CHILD SUPPORT ENFORCEMENT AGENCY ON OBTAINING EMPLOYMENT, 15,658
OBTAINING ANY INCOME, OR OBTAINING OWNERSHIP OF ANY ASSET WITH A 15,660
VALUE OF FIVE HUNDRED DOLLARS OR MORE. THE COURT MAY ISSUE THE 15,661
ORDER REGARDLESS OF WHETHER THE OBLIGEE TO WHOM THE OBLIGOR OWES 15,662
SUPPORT IS A RECIPIENT OF ASSISTANCE UNDER TITLE IV-A OF THE 15,664
"SOCIAL SECURITY ACT." THE COURT SHALL ISSUE THE ORDER AS PART 15,665
OF A COURT SUPPORT ORDER OR, IF A COURT SUPPORT ORDER HAS 15,667
PREVIOUSLY BEEN ISSUED, AS A SEPARATE ORDER. IF A CHILD SUPPORT 15,668
ENFORCEMENT AGENCY IS REQUIRED TO ISSUE A WITHHOLDING OR 15,669
DEDUCTION NOTICE UNDER THIS SECTION WITH RESPECT TO A COURT 15,671
SUPPORT ORDER BUT DETERMINES THAT NO WITHHOLDING OR DEDUCTION 15,672
NOTICE WOULD BE APPROPRIATE, THE AGENCY MAY REQUEST THAT THE 15,674
COURT ISSUE A COURT ORDER UNDER DIVISION (D)(1) OF THIS SECTION, 15,675
AND, ON THE REQUEST, THE COURT MAY ISSUE THE ORDER. 15,677
(2) IF THE OBLIGOR UNDER AN ADMINISTRATIVE CHILD SUPPORT 15,679
ORDER IS UNEMPLOYED, HAS NO INCOME, AND DOES NOT HAVE AN ACCOUNT 15,680
AT ANY FINANCIAL INSTITUTION, THE AGENCY SHALL ISSUE AN 15,681
ADMINISTRATIVE ORDER REQUIRING THE OBLIGOR, IF ABLE TO ENGAGE IN 15,682
EMPLOYMENT, TO SEEK EMPLOYMENT OR PARTICIPATE IN A WORK ACTIVITY 15,683
TO WHICH A RECIPIENT OF ASSISTANCE UNDER TITLE IV-A OF THE 15,684
"SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS 15,685
358
AMENDED, MAY BE ASSIGNED AS SPECIFIED IN SECTION 407(d) OF THE 15,687
"SOCIAL SECURITY ACT," 42 U.S.C.A. 607(d), AS AMENDED. THE 15,688
AGENCY SHALL INCLUDE IN THE ORDER A REQUIREMENT THAT THE OBLIGOR 15,689
NOTIFY THE AGENCY ON OBTAINING EMPLOYMENT OR INCOME, OR OWNERSHIP 15,690
OF ANY ASSET WITH A VALUE OF FIVE HUNDRED DOLLARS OR MORE. THE 15,691
AGENCY MAY ISSUE THE ORDER REGARDLESS OF WHETHER THE OBLIGEE TO
WHOM THE OBLIGOR OWES SUPPORT IS A RECIPIENT OF ASSISTANCE UNDER 15,692
TITLE IV-A OF THE "SOCIAL SECURITY ACT." IF AN OBLIGOR FAILS TO 15,694
COMPLY WITH AN ADMINISTRATIVE ORDER ISSUED PURSUANT TO DIVISION 15,696
(D)(2) OF THIS SECTION, THE AGENCY SHALL SUBMIT A REQUEST TO A 15,698
COURT FOR THE COURT TO ISSUE AN ORDER UNDER DIVISION (D)(1) OF 15,699
THIS SECTION.
Sec. 3121.031. IN ANY ACTION IN WHICH A COURT SUPPORT 15,701
ORDER IS ISSUED OR MODIFIED, THE COURT ISSUING OR MODIFYING THE 15,703
ORDER SHALL CONDUCT A HEARING, PRIOR TO OR AT THE TIME OF THE 15,704
ISSUANCE OF THE ORDER, TO DETERMINE THE EMPLOYMENT STATUS OF THE 15,705
OBLIGOR, THE OBLIGOR'S SOCIAL SECURITY NUMBER, THE NAME AND 15,706
BUSINESS ADDRESS OF THE OBLIGOR'S EMPLOYER, AND ANY OTHER 15,707
INFORMATION NECESSARY TO ENABLE THE COURT OR A CHILD SUPPORT 15,708
ENFORCEMENT AGENCY TO ISSUE ANY WITHHOLDING OR DEDUCTION NOTICE 15,709
DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE OR FOR THE COURT 15,710
TO ISSUE A COURT ORDER DESCRIBED IN DIVISION (C) OR (D) OF 15,711
SECTION 3121.03 OF THE REVISED CODE. THE COURT, PRIOR TO THE
HEARING, SHALL GIVE THE OBLIGOR NOTICE OF THE HEARING. THE 15,714
NOTICE SHALL INCLUDE THE DATE ON WHICH IT IS GIVEN AND NOTICE 15,715
THAT THE OBLIGOR IS SUBJECT TO WITHHOLDING OF A SPECIFIED AMOUNT 15,716
FROM INCOME IF EMPLOYED AND TO ONE OR MORE OTHER TYPES OF 15,718
WITHHOLDING OR DEDUCTION REQUIREMENTS DESCRIBED IN SECTION 15,719
3121.03 OF THE REVISED CODE OR ONE OR MORE TYPES OF COURT ORDERS 15,720
DESCRIBED IN DIVISION (C) OR (D) OF SECTION 3121.03 OF THE 15,721
REVISED CODE AND THAT THE OBLIGOR MAY PRESENT EVIDENCE AND 15,723
TESTIMONY AT THE HEARING TO PROVE THAT ANY OF THE REQUIREMENTS 15,724
ARE NOT PROPER BECAUSE OF A MISTAKE OF FACT. 15,725
Sec. 3121.032. A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY 15,727
359
THAT ISSUES OR MODIFIES A SUPPORT ORDER SHALL DETERMINE THE 15,728
WITHHOLDING OR DEDUCTION REQUIREMENTS OR OTHER APPROPRIATE 15,729
REQUIREMENTS APPLICABLE TO THE OBLIGOR UNDER THE SUPPORT ORDER IN 15,730
ACCORDANCE WITH SECTIONS 3121.03, 3121.04 TO 3121.08, AND 3121.12 15,731
OF THE REVISED CODE AND INCLUDE THE REQUIREMENTS IN THE 15,732
WITHHOLDING OR DEDUCTION NOTICES DESCRIBED IN SECTION 3121.03 OF 15,733
THE REVISED CODE OR IN THE ORDERS DESCRIBED IN SECTIONS 3121.03, 15,734
3121.04 TO 3121.08, AND 3121.12 OF THE REVISED CODE.
Sec. 3121.033. IF A COURT OR CHILD SUPPORT ENFORCEMENT 15,736
AGENCY IS REQUIRED TO ISSUE ONE OR MORE NOTICES OR ORDERS 15,738
DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE, THE COURT OR 15,740
AGENCY TO THE EXTENT POSSIBLE SHALL ISSUE A SUFFICIENT NUMBER OF 15,741
THE NOTICES OR ORDERS TO PROVIDE THAT THE AGGREGATE AMOUNT 15,742
WITHHELD OR DEDUCTED UNDER THOSE NOTICES OR ORDERS SATISFIES THE 15,743
AMOUNT ORDERED FOR SUPPORT IN THE SUPPORT ORDER PLUS ANY 15,744
ARREARAGES OWED BY THE OBLIGOR UNDER ANY PRIOR SUPPORT ORDER THAT 15,745
PERTAINED TO THE SAME CHILD OR SPOUSE, NOTWITHSTANDING THE 15,746
LIMITATIONS OF SECTIONS 2329.66, 2329.70, 2716.02, 2716.041, 15,747
2713.05, 2716.13, AND 4123.67 OF THE REVISED CODE. HOWEVER, IN 15,748
NO CASE SHALL THE AGGREGATE AMOUNT WITHHELD PURSUANT TO A 15,750
WITHHOLDING NOTICE DESCRIBED IN SECTION 3121.03 OF THE REVISED 15,751
CODE AND ANY FEES WITHHELD PURSUANT TO THE NOTICE AS A CHARGE FOR 15,752
SERVICES EXCEED THE MAXIMUM AMOUNT PERMITTED UNDER SECTION 303(b) 15,753
OF THE "CONSUMER CREDIT PROTECTION ACT," 15 U.S.C. 1673(b). 15,755
Sec. 3121.034. (A) A WITHHOLDING OR DEDUCTION REQUIREMENT 15,757
CONTAINED IN A WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN 15,758
SECTION 3121.03 OF THE REVISED CODE HAS PRIORITY OVER ANY ORDER 15,760
OF ATTACHMENT, ANY ORDER IN AID OF EXECUTION, AND ANY OTHER LEGAL 15,761
PROCESS ISSUED UNDER STATE LAW AGAINST THE SAME EARNINGS, 15,762
PAYMENTS, OR ACCOUNT.
(B) WHEN TWO OR MORE WITHHOLDING NOTICES ARE RECEIVED BY A 15,765
PAYOR, THE PAYOR SHALL COMPLY WITH ALL OF THE REQUIREMENTS 15,767
CONTAINED IN THE NOTICES TO THE EXTENT THAT THE TOTAL AMOUNT 15,768
WITHHELD FROM THE OBLIGOR'S INCOME DOES NOT EXCEED THE MAXIMUM 15,769
360
AMOUNT PERMITTED UNDER SECTION 303(b) OF THE "CONSUMER CREDIT 15,771
PROTECTION ACT," 15 U.S.C. 1673(b), WITHHOLD AMOUNTS IN 15,772
ACCORDANCE WITH THE ALLOCATION SET FORTH IN DIVISIONS (B)(1) AND 15,775
(2) OF THIS SECTION, NOTIFY EACH COURT OR CHILD SUPPORT 15,776
ENFORCEMENT AGENCY THAT ISSUED ONE OF THE NOTICES OF THE 15,777
ALLOCATION, AND GIVE PRIORITY TO AMOUNTS DESIGNATED IN EACH 15,778
NOTICE AS CURRENT SUPPORT IN THE FOLLOWING MANNER: 15,779
(1) IF THE TOTAL OF THE AMOUNTS DESIGNATED IN THE NOTICES 15,781
AS CURRENT SUPPORT EXCEEDS THE AMOUNT AVAILABLE FOR WITHHOLDING 15,782
UNDER SECTION 303(b) OF THE "CONSUMER CREDIT PROTECTION ACT," 15 15,784
U.S.C. 1673(b), THE PAYOR SHALL ALLOCATE TO EACH NOTICE AN AMOUNT 15,786
FOR CURRENT SUPPORT EQUAL TO THE AMOUNT DESIGNATED IN THAT NOTICE 15,788
AS CURRENT SUPPORT MULTIPLIED BY A FRACTION IN WHICH THE 15,789
NUMERATOR IS THE AMOUNT OF INCOME AVAILABLE FOR WITHHOLDING AND 15,792
THE DENOMINATOR IS THE TOTAL AMOUNT DESIGNATED IN ALL OF THE 15,793
NOTICES AS CURRENT SUPPORT.
(2) IF THE TOTAL OF THE AMOUNTS DESIGNATED IN THE NOTICES 15,795
AS CURRENT SUPPORT DOES NOT EXCEED THE AMOUNT AVAILABLE FOR 15,796
WITHHOLDING UNDER SECTION 303(b) OF THE "CONSUMER CREDIT 15,799
PROTECTION ACT," 15 U.S.C. 1673(b), THE PAYOR SHALL PAY ALL OF 15,800
THE AMOUNTS DESIGNATED AS CURRENT SUPPORT IN THE NOTICES AND 15,801
SHALL ALLOCATE TO EACH NOTICE AN AMOUNT FOR PAST-DUE SUPPORT 15,802
EQUAL TO THE AMOUNT DESIGNATED IN THAT NOTICE AS PAST-DUE SUPPORT 15,803
MULTIPLIED BY A FRACTION IN WHICH THE NUMERATOR IS THE AMOUNT OF 15,804
INCOME REMAINING AVAILABLE FOR WITHHOLDING AFTER THE PAYMENT OF 15,806
CURRENT SUPPORT AND THE DENOMINATOR IS THE TOTAL AMOUNT 15,807
DESIGNATED IN ALL OF THE NOTICES AS PAST-DUE SUPPORT. 15,808
Sec. 3121.035. WITHIN FIFTEEN DAYS AFTER AN OBLIGOR UNDER 15,810
A SUPPORT ORDER IS LOCATED FOLLOWING ISSUANCE OR MODIFICATION OF 15,811
THE SUPPORT ORDER OR WITHIN FIFTEEN DAYS AFTER DEFAULT UNDER A 15,813
SUPPORT ORDER, WHICHEVER IS APPLICABLE, THE COURT OR CHILD
SUPPORT ENFORCEMENT AGENCY THAT ISSUED OR MODIFIED THE SUPPORT 15,815
ORDER, OR THE AGENCY, PURSUANT TO AN AGREEMENT WITH THE COURT 15,816
WITH RESPECT TO A COURT SUPPORT ORDER, SHALL DO EITHER OF THE 15,817
361
FOLLOWING:
(A) IF A WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN 15,820
SECTION 3121.03 OF THE REVISED CODE IS APPROPRIATE, SEND THE 15,821
NOTICE BY REGULAR MAIL TO EACH PERSON REQUIRED TO COMPLY WITH IT; 15,822
(B) IF AN ORDER DESCRIBED IN SECTION 3121.03, 3121.04 TO 15,825
3121.08, OR 3121.12 OF THE REVISED CODE IS APPROPRIATE, ISSUE AND 15,827
SEND THE APPROPRIATE ORDER.
Sec. 3121.036. (A) A COURT OR AGENCY THAT SENDS A 15,829
WITHHOLDING OR DEDUCTION NOTICE UNDER SECTION 3121.03 OF THE 15,830
REVISED CODE TO AN OBLIGOR SHALL ATTACH TO THE NOTICE AN 15,832
ADDITIONAL NOTICE REQUIRING THE OBLIGOR TO IMMEDIATELY NOTIFY THE 15,833
CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER, 15,834
IN WRITING, OF THE FOLLOWING: 15,835
(1) IN THE CASE OF A WITHHOLDING NOTICE: 15,837
(a) ANY CHANGE IN THE OBLIGOR'S INCOME SOURCE AND OF THE 15,839
AVAILABILITY OF ANY OTHER SOURCES OF INCOME THAT CAN BE THE 15,840
SUBJECT OF WITHHOLDING OR DEDUCTION; 15,841
(b) THE NATURE OF ANY NEW EMPLOYMENT OR INCOME SOURCE AND 15,843
THE NAME, BUSINESS ADDRESS, AND TELEPHONE NUMBER OF THE NEW 15,844
EMPLOYER OR INCOME SOURCE; 15,845
(c) ANY OTHER INFORMATION REASONABLY REQUIRED BY THE COURT 15,847
OR AGENCY. 15,848
(2) IN THE CASE OF A DEDUCTION NOTICE: 15,850
(a) ANY CHANGE IN THE STATUS OF THE ACCOUNT FROM WHICH THE 15,852
SUPPORT IS BEING DEDUCTED OR THE OPENING OF A NEW ACCOUNT WITH 15,853
ANY FINANCIAL INSTITUTION, OF THE COMMENCEMENT OF EMPLOYMENT, 15,855
INCLUDING SELF-EMPLOYMENT, OR OF THE AVAILABILITY OF ANY OTHER 15,856
SOURCES OF INCOME THAT CAN BE THE SUBJECT OF WITHHOLDING OR 15,857
DEDUCTION;
(b) THE NATURE OF ANY NEW ACCOUNT OPENED AT A FINANCIAL 15,859
INSTITUTION AND THE NAME AND BUSINESS ADDRESS OF THAT FINANCIAL 15,861
INSTITUTION;
(c) THE NATURE OF ANY NEW EMPLOYMENT OR INCOME SOURCE AND 15,863
THE NAME, BUSINESS ADDRESS, AND TELEPHONE NUMBER OF THE NEW 15,864
362
EMPLOYER OR INCOME SOURCE; 15,865
(d) ANY OTHER INFORMATION REASONABLY REQUIRED BY THE COURT 15,867
OR AGENCY. 15,868
(C) THE ADDITIONAL NOTICE REQUIRED BY THIS SECTION SHALL 15,870
SPECIFY THAT, ON COMMENCEMENT OF EMPLOYMENT, THE OBLIGOR MAY 15,871
REQUEST THAT THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY CANCEL 15,872
ITS DEDUCTION NOTICE AND INSTEAD ISSUE A WITHHOLDING NOTICE TO 15,873
COLLECT SUPPORT AMOUNTS AND THAT, ON COMMENCEMENT OF EMPLOYMENT, 15,874
THE COURT OR AGENCY MAY CANCEL ITS DEDUCTION NOTICE AND INSTEAD 15,875
ISSUE A WITHHOLDING NOTICE TO COLLECT SUPPORT AMOUNTS. 15,876
(D) THE COURT OR AGENCY SHALL SERVE THE ADDITIONAL NOTICE 15,878
REQUIRED BY THIS SECTION ON THE OBLIGOR AT THE TIME OF SERVICE OF 15,879
THE SUPPORT ORDER OR, IF THE SUPPORT ORDER HAS BEEN ISSUED 15,880
PREVIOUSLY, SHALL SEND THE NOTICE TO THE OBLIGOR BY REGULAR MAIL 15,881
AT THE LAST KNOWN ADDRESS AT THE TIME IT SENDS THE WITHHOLDING 15,882
NOTICE TO THE PAYOR OR THE DEDUCTION NOTICE TO A FINANCIAL 15,883
INSTITUTION. 15,884
(E) NO OBLIGOR SHALL FAIL TO GIVE THE NOTICE DESCRIBED IN 15,886
DIVISION (A)(1) OF THIS SECTION. 15,887
Sec. 3121.037. (A) A WITHHOLDING NOTICE SENT UNDER 15,889
SECTION 3121.03 OF THE REVISED CODE SHALL CONTAIN ALL OF THE 15,891
FOLLOWING:
(1) NOTICE OF THE AMOUNT TO BE WITHHELD FROM THE OBLIGOR'S 15,893
INCOME AND A STATEMENT THAT, NOTWITHSTANDING THAT AMOUNT, THE 15,894
PAYOR MAY NOT WITHHOLD AN AMOUNT FOR SUPPORT AND OTHER PURPOSES, 15,896
INCLUDING THE FEE DESCRIBED IN DIVISION (A)(11) OF THIS SECTION, 15,897
THAT EXCEEDS THE MAXIMUM AMOUNTS PERMITTED UNDER SECTION 303(b) 15,898
OF THE "CONSUMER CREDIT PROTECTION ACT," 15 U.S.C. 1673(b); 15,901
(2) A STATEMENT THAT THE PAYOR IS REQUIRED TO SEND THE 15,904
AMOUNT WITHHELD TO THE OFFICE OF CHILD SUPPORT IMMEDIATELY, BUT 15,905
NOT LATER THAN SEVEN BUSINESS DAYS, AFTER THE OBLIGOR IS PAID AND 15,906
IS REQUIRED TO REPORT TO THE AGENCY THE DATE THE AMOUNT WAS 15,907
WITHHELD;
(3) A STATEMENT THAT THE WITHHOLDING IS BINDING ON THE 15,909
363
PAYOR UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY; 15,910
(4) A STATEMENT THAT IF THE PAYOR IS AN EMPLOYER, THE 15,913
PAYOR IS SUBJECT TO A FINE TO BE DETERMINED UNDER THE LAW OF THIS 15,914
STATE FOR DISCHARGING THE OBLIGOR FROM EMPLOYMENT, REFUSING TO 15,915
EMPLOY THE OBLIGOR, OR TAKING ANY DISCIPLINARY ACTION AGAINST THE 15,916
OBLIGOR BECAUSE OF THE WITHHOLDING REQUIREMENT; 15,917
(5) A STATEMENT THAT, IF THE PAYOR FAILS TO WITHHOLD IN 15,920
ACCORDANCE WITH THE NOTICE, THE PAYOR IS LIABLE FOR THE 15,921
ACCUMULATED AMOUNT THE PAYOR SHOULD HAVE WITHHELD FROM THE 15,923
OBLIGOR'S INCOME;
(6) A STATEMENT THAT THE WITHHOLDING IN ACCORDANCE WITH 15,925
THE NOTICE HAS PRIORITY OVER ANY OTHER LEGAL PROCESS UNDER THE 15,927
LAW OF THIS STATE AGAINST THE SAME INCOME; 15,928
(7) THE DATE ON WHICH THE NOTICE WAS MAILED AND A 15,930
STATEMENT THAT THE PAYOR IS REQUIRED TO IMPLEMENT THE WITHHOLDING 15,932
NO LATER THAN FOURTEEN BUSINESS DAYS FOLLOWING THE DATE THE 15,933
NOTICE WAS MAILED OR, IF THE PAYOR IS AN EMPLOYER, NO LATER THAN 15,934
THE FIRST PAY PERIOD THAT OCCURS AFTER FOURTEEN BUSINESS DAYS 15,935
FOLLOWING THE DATE THE NOTICE WAS MAILED, AND IS REQUIRED TO 15,936
CONTINUE THE WITHHOLDING AT THE INTERVALS SPECIFIED IN THE 15,937
NOTICE.
(8) A REQUIREMENT THAT THE PAYOR DO THE FOLLOWING: 15,939
(a) PROMPTLY NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY 15,942
ADMINISTERING THE SUPPORT ORDER, IN WRITING, WITHIN TEN BUSINESS 15,943
DAYS AFTER THE DATE OF ANY SITUATION THAT OCCURS IN WHICH THE 15,944
PAYOR CEASES TO PAY INCOME TO THE OBLIGOR IN AN AMOUNT SUFFICIENT 15,945
TO COMPLY WITH THE ORDER, INCLUDING TERMINATION OF EMPLOYMENT, 15,947
LAYOFF OF THE OBLIGOR FROM EMPLOYMENT, ANY LEAVE OF ABSENCE OF 15,948
THE OBLIGOR FROM EMPLOYMENT WITHOUT PAY, TERMINATION OF WORKERS' 15,949
COMPENSATION BENEFITS, OR TERMINATION OF ANY PENSION, ANNUITY,
ALLOWANCE, OR RETIREMENT BENEFIT; 15,950
(b) PROVIDE THE AGENCY WITH THE OBLIGOR'S LAST KNOWN 15,953
ADDRESS AND, WITH RESPECT TO A COURT SUPPORT ORDER AND IF KNOWN, 15,954
NOTIFY THE AGENCY OF ANY NEW EMPLOYER OR INCOME SOURCE AND THE 15,955
364
NAME, ADDRESS, AND TELEPHONE NUMBER OF THE NEW EMPLOYER OR INCOME 15,956
SOURCE.
(9) A REQUIREMENT THAT, IF THE PAYOR IS AN EMPLOYER, THE 15,959
PAYOR DO BOTH OF THE FOLLOWING:
(a) IDENTIFY IN THE NOTICE GIVEN UNDER DIVISION (A)(8) OF 15,963
THIS SECTION ANY TYPES OF BENEFITS OTHER THAN PERSONAL EARNINGS 15,964
THE OBLIGOR IS RECEIVING OR IS ELIGIBLE TO RECEIVE AS A BENEFIT 15,965
OF EMPLOYMENT OR AS A RESULT OF THE OBLIGOR'S TERMINATION OF 15,966
EMPLOYMENT, INCLUDING, BUT NOT LIMITED TO, UNEMPLOYMENT 15,967
COMPENSATION, WORKERS' COMPENSATION BENEFITS, SEVERANCE PAY, SICK 15,968
LEAVE, LUMP SUM PAYMENTS OF RETIREMENT BENEFITS OR CONTRIBUTIONS, 15,969
AND BONUSES OR PROFIT-SHARING PAYMENTS OR DISTRIBUTIONS, AND THE 15,970
AMOUNT OF THE BENEFITS; 15,971
(b) INCLUDE IN THE NOTICE THE OBLIGOR'S LAST KNOWN ADDRESS 15,974
AND TELEPHONE NUMBER, DATE OF BIRTH, SOCIAL SECURITY NUMBER, AND 15,975
CASE NUMBER AND, IF KNOWN, THE NAME AND BUSINESS ADDRESS OF ANY 15,976
NEW EMPLOYER OF THE OBLIGOR.
(10) A REQUIREMENT THAT, NO LATER THAN THE EARLIER OF 15,978
FORTY-FIVE DAYS BEFORE A LUMP SUM PAYMENT IS TO BE MADE OR, IF 15,979
THE OBLIGOR'S RIGHT TO THE LUMP SUM PAYMENT IS DETERMINED LESS 15,980
THAN FORTY-FIVE DAYS BEFORE IT IS TO BE MADE, THE DATE ON WHICH 15,981
THAT DETERMINATION IS MADE, THE PAYOR NOTIFY THE CHILD SUPPORT 15,983
ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER OF ANY LUMP 15,984
SUM PAYMENT OF ANY KIND OF ONE HUNDRED FIFTY DOLLARS OR MORE THAT 15,986
IS TO BE PAID TO THE OBLIGOR, HOLD EACH LUMP SUM PAYMENT OF ONE 15,988
HUNDRED FIFTY DOLLARS OR MORE FOR THIRTY DAYS AFTER THE DATE ON 15,990
WHICH IT WOULD OTHERWISE BE PAID TO THE OBLIGOR AND, ON ORDER OF 15,992
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 15,995
SUPPORT;
(11) A STATEMENT THAT, IN ADDITION TO THE AMOUNT WITHHELD 15,997
FOR SUPPORT, THE PAYOR MAY WITHHOLD A FEE FROM THE OBLIGOR'S 15,999
INCOME AS A CHARGE FOR ITS SERVICES IN COMPLYING WITH THE NOTICE 16,002
AND A SPECIFICATION OF THE AMOUNT THAT MAY BE WITHHELD.
365
(B) A DEDUCTION NOTICE SENT UNDER SECTION 3121.03 OF THE 16,005
REVISED CODE SHALL CONTAIN ALL OF THE FOLLOWING:
(1) NOTICE OF THE AMOUNT TO BE DEDUCTED FROM THE OBLIGOR'S 16,007
ACCOUNT;
(2) A STATEMENT THAT THE FINANCIAL INSTITUTION IS REQUIRED 16,010
TO SEND THE AMOUNT DEDUCTED TO THE OFFICE OF CHILD SUPPORT
IMMEDIATELY, BUT NOT LATER THAN SEVEN BUSINESS DAYS, AFTER THE 16,013
DATE THE LAST DEDUCTION WAS MADE AND TO REPORT TO THE CHILD 16,014
SUPPORT ENFORCEMENT AGENCY THE DATE ON WHICH THE AMOUNT WAS 16,015
DEDUCTED;
(3) A STATEMENT THAT THE DEDUCTION IS BINDING ON THE 16,017
FINANCIAL INSTITUTION UNTIL FURTHER NOTICE FROM THE COURT OR 16,018
AGENCY; 16,019
(4) A STATEMENT THAT THE DEDUCTION IN ACCORDANCE WITH THE 16,022
NOTICE HAS PRIORITY OVER ANY OTHER LEGAL PROCESS UNDER THE LAW OF 16,023
THIS STATE AGAINST THE SAME ACCOUNT; 16,024
(5) THE DATE ON WHICH THE NOTICE WAS MAILED AND A 16,026
STATEMENT THAT THE FINANCIAL INSTITUTION IS REQUIRED TO IMPLEMENT 16,027
THE DEDUCTION NO LATER THAN FOURTEEN BUSINESS DAYS FOLLOWING THAT 16,028
DATE AND TO CONTINUE THE DEDUCTION AT THE INTERVALS SPECIFIED IN 16,030
THE NOTICE;
(6) A REQUIREMENT THAT THE FINANCIAL INSTITUTION PROMPTLY 16,032
NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE 16,033
SUPPORT ORDER, IN WRITING, WITHIN TEN DAYS AFTER THE DATE OF ANY 16,035
TERMINATION OF THE ACCOUNT FROM WHICH THE DEDUCTION IS BEING MADE 16,036
AND NOTIFY THE AGENCY, IN WRITING, OF THE OPENING OF A NEW 16,037
ACCOUNT AT THAT FINANCIAL INSTITUTION, THE ACCOUNT NUMBER OF THE 16,038
NEW ACCOUNT, THE NAME OF ANY OTHER KNOWN FINANCIAL INSTITUTIONS 16,039
IN WHICH THE OBLIGOR HAS ANY ACCOUNTS, AND THE NUMBERS OF THOSE 16,040
ACCOUNTS;
(7) A REQUIREMENT THAT THE FINANCIAL INSTITUTION INCLUDE 16,042
IN ALL NOTICES THE OBLIGOR'S LAST KNOWN MAILING ADDRESS, LAST 16,043
KNOWN RESIDENCE ADDRESS, AND SOCIAL SECURITY NUMBER; 16,044
(8) A STATEMENT THAT, IN ADDITION TO THE AMOUNT DEDUCTED 16,047
366
FOR SUPPORT, THE FINANCIAL INSTITUTION MAY DEDUCT A FEE FROM THE 16,048
OBLIGOR'S ACCOUNT AS A CHARGE FOR ITS SERVICES IN COMPLYING WITH 16,049
THE NOTICE AND A SPECIFICATION OF THE AMOUNT THAT MAY BE 16,050
DEDUCTED.
Sec. 3121.038. NO WITHHOLDING OR DEDUCTION NOTICE OR OTHER 16,053
ORDER DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE SHALL 16,054
CONTAIN ANY INFORMATION OTHER THAN THE INFORMATION SPECIFICALLY 16,055
REQUIRED BY THE REVISED CODE AND ANY ADDITIONAL INFORMATION THAT 16,057
THE ISSUING COURT OR AGENCY DETERMINES MAY BE NECESSARY TO COMPLY 16,058
WITH THE NOTICE.
Sec. 3121.039. (A) FOR PURPOSES OF CHAPTERS 3119., 3121., 16,061
3123., AND 3125. OF THE REVISED CODE, THE FOLLOWING SHALL BE 16,062
CONSIDERED A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 16,064
3121.03 OF THE REVISED CODE: 16,065
(1) A WITHHOLDING OR DEDUCTION ORDER THAT WAS ISSUED UNDER 16,068
DIVISION (D) OF SECTION 3113.21 OF THE REVISED CODE AS THAT 16,070
DIVISION EXISTED PRIOR TO DECEMBER 31, 1993, AND THAT WAS NOT 16,071
TERMINATED ON OR AFTER THAT DATE; 16,072
(2) A WITHHOLDING OR DEDUCTION NOTICE THAT WAS ISSUED 16,075
UNDER DIVISION (D) OF SECTION 3113.21 OF THE REVISED CODE AS THAT 16,078
DIVISION EXISTED ON AND AFTER DECEMBER 31, 1993, AND PRIOR TO THE 16,080
EFFECTIVE DATE OF THIS SECTION AND THAT WAS NOT TERMINATED ON OR 16,081
AFTER THE EFFECTIVE DATE OF THIS SECTION; 16,082
(3) A WITHHOLDING OR DEDUCTION ORDER THAT WAS ISSUED UNDER 16,085
FORMER SECTION 3111.23 OF THE REVISED CODE AS THAT SECTION 16,087
EXISTED PRIOR TO DECEMBER 31, 1993, AND THAT WAS NOT TERMINATED 16,088
ON OR AFTER THAT DATE; 16,089
(4) A WITHHOLDING OR DEDUCTION NOTICE THAT WAS ISSUED 16,092
UNDER FORMER SECTION 3111.23 OF THE REVISED CODE AS THAT SECTION 16,095
EXISTED ON AND AFTER DECEMBER 31, 1993, AND PRIOR TO THE 16,097
EFFECTIVE DATE OF THIS SECTION AND THAT WAS NOT TERMINATED ON OR 16,098
AFTER THE EFFECTIVE DATE OF THIS SECTION. 16,099
(B) FOR PURPOSES OF CHAPTERS 3119., 3121., 3123., AND 16,101
3125. OF THE REVISED CODE, THE FOLLOWING SHALL BE CONSIDERED 16,103
367
ORDERS ISSUED UNDER SECTION 3121.03, 3121.04, 3121.05, 3121.06, 16,104
OR 3121.12 OF THE REVISED CODE, AS APPLICABLE: 16,105
(1) AN ORDER ISSUED UNDER DIVISION (D)(6) OR (7) OR (H) OF 16,108
SECTION 3113.21 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR 16,110
TO JANUARY 1, 1998, AND THAT WAS NOT TERMINATED ON OR AFTER THAT 16,111
DATE;
(2) AN ORDER ISSUED UNDER DIVISION (D)(3) OR (4) OR (H) OF 16,114
SECTION 3113.21 OF THE REVISED CODE AS THAT DIVISION EXISTED ON 16,115
AND AFTER JANUARY 1, 1998, AND PRIOR TO THE EFFECTIVE DATE OF 16,117
THIS SECTION AND THAT WAS NOT TERMINATED ON OR AFTER THE 16,118
EFFECTIVE DATE OF THIS SECTION; 16,119
(3) AN ORDER ISSUED UNDER FORMER SECTION 3111.231 OF THE 16,123
REVISED CODE AND THAT WAS NOT TERMINATED ON OR AFTER THE 16,125
EFFECTIVE DATE OF THIS SECTION. 16,126
Sec. 3121.0310. THE DEPARTMENT OF JOB AND FAMILY SERVICES 16,128
SHALL ADOPT STANDARD FORMS FOR SUPPORT WITHHOLDING AND DEDUCTION 16,130
NOTICES DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE. ALL 16,131
COURTS AND CHILD SUPPORT ENFORCEMENT AGENCIES SHALL USE THE FORMS 16,133
IN ISSUING WITHHOLDING AND DEDUCTION NOTICES.
Sec. 3121.04. WHEN A PERSON WHO FAILS TO COMPLY WITH A 16,135
WITHHOLDING NOTICE DESCRIBED IN SECTION 3121.03 OF THE REVISED 16,136
CODE AND ISSUED TO ENFORCE A COURT SUPPORT ORDER DERIVES INCOME 16,138
FROM SELF-EMPLOYMENT OR COMMISSION, IS EMPLOYED BY AN EMPLOYER 16,139
NOT SUBJECT TO THE JURISDICTION OF THE COURT, OR IS IN ANY OTHER 16,140
EMPLOYMENT SITUATION THAT MAKES ISSUANCE OF A WITHHOLDING NOTICE 16,141
IMPRACTICABLE, THE COURT MAY REQUIRE THE PERSON TO ENTER INTO A 16,142
CASH BOND TO THE COURT IN A SUM FIXED BY THE COURT AT NOT LESS 16,143
THAN FIVE HUNDRED NOR MORE THAN TEN THOUSAND DOLLARS, CONDITIONED 16,144
THAT THE PERSON WILL MAKE PAYMENT AS PREVIOUSLY ORDERED. 16,145
Sec. 3121.05. WHEN A COURT DETERMINES AT A HEARING 16,147
CONDUCTED UNDER SECTION 3123.05 OF THE REVISED CODE, OR A CHILD 16,148
SUPPORT ENFORCEMENT AGENCY DETERMINES AT A HEARING UNDER SECTION 16,149
3123.04 OF THE REVISED CODE OR PURSUANT TO AN INVESTIGATION 16,150
CONDUCTED UNDER SECTION 3123.02 OF THE REVISED CODE, THAT THE 16,151
368
OBLIGOR UNDER THE COURT SUPPORT ORDER IN RELATION TO WHICH THE 16,152
HEARING OR INVESTIGATION IS CONDUCTED IS UNEMPLOYED AND HAS NO 16,154
OTHER SOURCE OF INCOME AND NO ASSETS SO THAT THE APPLICATION OF 16,155
SECTIONS 3121.03 AND 3123.06 OF THE REVISED CODE WOULD BE 16,156
IMPRACTICABLE, THE COURT SHALL ISSUE AN ORDER AS DESCRIBED IN 16,157
DIVISION (D)(1) OF SECTION 3121.03 OF THE REVISED CODE AND SHALL 16,158
ORDER THE OBLIGOR TO NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY 16,159
IN WRITING IMMEDIATELY OF THE RECEIPT OF ANY SOURCE OF INCOME OR 16,162
OF THE OPENING OF AN ACCOUNT IN A FINANCIAL INSTITUTION, AND TO 16,163
INCLUDE IN THE NOTIFICATION A DESCRIPTION OF THE NATURE OF THE 16,164
EMPLOYMENT OR INCOME SOURCE, THE NAME, BUSINESS ADDRESS, AND 16,165
TELEPHONE NUMBER OF THE EMPLOYER OR INCOME SOURCE, AND ANY OTHER 16,166
INFORMATION REASONABLY REQUIRED BY THE COURT. 16,167
Sec. 3121.06. WHEN A COURT DETERMINES, AT A HEARING 16,169
CONDUCTED UNDER SECTION 3121.031 OF THE REVISED CODE WITH RESPECT 16,170
TO A COURT SUPPORT ORDER BEING MODIFIED, THAT AN OBLIGOR IS 16,171
UNEMPLOYED, IS NOT RECEIVING WORKERS' COMPENSATION PAYMENTS, DOES 16,172
NOT HAVE AN ACCOUNT IN A FINANCIAL INSTITUTION, AND HAS NO OTHER 16,173
SOURCE OF INCOME AND NO ASSETS SO THAT THE APPLICATION OF 16,174
DIVISION (A), (B), OR (C) OF SECTION 3121.03 OF THE REVISED CODE 16,176
WOULD BE IMPRACTICABLE, THE COURT SHALL ISSUE AN ORDER AS 16,178
DESCRIBED IN DIVISION (D)(1) OF SECTION 3121.03 OF THE REVISED 16,179
CODE AND SHALL ORDER THE OBLIGOR TO NOTIFY THE CHILD SUPPORT 16,180
ENFORCEMENT AGENCY, IN WRITING, IMMEDIATELY OF THE RECEIPT OF ANY 16,182
SOURCE OF INCOME OR OF THE OPENING OF AN ACCOUNT IN A FINANCIAL 16,183
INSTITUTION, AND TO INCLUDE IN THE NOTIFICATION A DESCRIPTION OF 16,184
THE NATURE OF THE EMPLOYMENT OR INCOME SOURCE, THE NAME, BUSINESS 16,186
ADDRESS, AND TELEPHONE NUMBER OF THE EMPLOYER OR INCOME SOURCE OR 16,187
THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE FINANCIAL 16,188
INSTITUTION, AND ANY OTHER INFORMATION REASONABLY REQUIRED BY THE 16,189
COURT. 16,190
Sec. 2301.371 3121.07. (A) If a child support enforcement 16,199
agency discovers pursuant to an investigation conducted under 16,201
section 2301.37 3123.02 of the Revised Code that an obligor under 16,202
369
a child support order that it is administering may be receiving 16,204
unemployment compensation benefits or if a child support 16,205
enforcement agency receives notice or otherwise discovers that an 16,206
obligor under a child support order may be receiving unemployment 16,207
compensation benefits, the agency promptly shall conduct an 16,208
investigation to determine whether the obligor is receiving 16,209
unemployment compensation benefits and to determine the amount of 16,210
the benefits. The investigation shall be completed within ten 16,211
days of the agency's discovery or receipt of the notice. 16,212
(B)(1) Upon completion of an investigation conducted under 16,214
division (A) of this section, if the agency finds that the 16,215
obligor is receiving unemployment compensation benefits, it 16,216
shall, in accordance with sections 3111.20 to 3111.28, 3113.21 to 16,217
3113.219, CHAPTER 3121. OF THE REVISED CODE and SECTION 4141.282 16,218
of the Revised Code and federal law governing the department of 16,221
job and family services, notify the department of job and family 16,223
services to withhold or deduct an amount from the unemployment 16,225
compensation benefits to pay child support obligations. 16,226
Effective for applications to establish unemployment compensation 16,228
benefit rights filed after December 27, 1997, the amount withheld 16,229
with respect to a week of unemployment benefits shall not exceed 16,231
fifty per cent of the individual's weekly benefit amount as 16,232
determined by the director of job and family services. ANY 16,234
DEDUCTION FROM A SOURCE IN ACCORDANCE WITH THIS SECTION AND
SECTION 4141.282 OF THE REVISED CODE IS IN ADDITION TO, AND DOES 16,235
NOT PRECLUDE, ANY WITHHOLDING OR DEDUCTION FOR PURPOSES OF CHILD 16,236
SUPPORT UNDER CHAPTERS 3119., 3121., AND 3123. OF THE REVISED 16,237
CODE.
The agency may not impose the processing charge pursuant to 16,239
division (G)(1) of section 2301.35 3119.27 of the Revised Code 16,240
with respect to amounts withheld or deducted from unemployment 16,242
compensation pursuant to this section.
(2)(a) THE DEPARTMENT OF JOB AND FAMILY SERVICES, IN 16,244
ACCORDANCE WITH SECTION 4141.282 OF THE REVISED CODE, SHALL 16,248
370
DEDUCT AND WITHHOLD FROM UNEMPLOYMENT COMPENSATION PAYABLE TO THE 16,249
OBLIGOR, AND PAY TO THE APPROPRIATE CHILD SUPPORT ENFORCEMENT 16,250
ENTITY, WHICHEVER OF THE FOLLOWING IS APPLICABLE: 16,251
(i) ANY AMOUNT REQUIRED TO BE DEDUCTED AND WITHHELD FROM 16,254
THE UNEMPLOYMENT COMPENSATION PURSUANT TO LEGAL PROCESS, AS THAT 16,255
TERM IS DEFINED IN TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 16,258
STAT. 2351 (1975), 42 U.S.C. 651 ET SEQ., AS AMENDED, AND 16,260
PROPERLY SERVED ON THE ADMINISTRATOR, AS DESCRIBED IN SECTION 16,262
4141.282 OF THE REVISED CODE; 16,263
(ii) WHEN DIVISION (B)(2)(a)(i) OF THIS SECTION IS 16,266
INAPPLICABLE, AN AMOUNT DETERMINED PURSUANT TO AN AGREEMENT 16,267
SUBMITTED TO THE ADMINISTRATOR UNDER TITLE IV-D OF THE "SOCIAL 16,270
SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 651 ET SEQ., AS AMENDED, 16,273
BY THE STATE OR LOCAL CHILD SUPPORT ENFORCEMENT AGENCY; 16,274
(iii) IF NEITHER DIVISION (B)(2)(a)(i) NOR (ii) OF THIS 16,278
SECTION IS APPLICABLE, THEN THE AMOUNT SPECIFIED BY THE 16,279
INDIVIDUAL.
(b) THE AMOUNT OF UNEMPLOYMENT COMPENSATION SUBJECT TO 16,282
BEING WITHHELD PURSUANT TO DIVISION (B)(2)(a) OF THIS SECTION IS 16,284
THAT AMOUNT THAT REMAINS PAYABLE TO THE INDIVIDUAL AFTER 16,285
APPLICATION OF ANY RECOUPMENT PROVISIONS FOR RECOVERY OF 16,286
OVERPAYMENTS AND AFTER DEDUCTIONS THAT HAVE BEEN MADE UNDER 16,287
CHAPTER 4141. OF THE REVISED CODE FOR DEDUCTIBLE INCOME RECEIVED 16,289
BY THE INDIVIDUAL. EFFECTIVE FOR APPLICATIONS TO ESTABLISH 16,290
UNEMPLOYMENT COMPENSATION BENEFIT RIGHTS FILED AFTER DECEMBER 27, 16,291
1997, THE AMOUNT WITHHELD WITH RESPECT TO A WEEK OF UNEMPLOYMENT 16,292
BENEFITS SHALL NOT EXCEED FIFTY PER CENT OF THE INDIVIDUAL'S 16,293
WEEKLY BENEFIT AMOUNT AS DETERMINED BY THE ADMINISTRATOR OF THE 16,294
BUREAU OF EMPLOYMENT SERVICES. 16,295
(c) ANY DEDUCTION AND WITHHOLDING PURSUANT TO DIVISION (B) 16,298
OF THIS SECTION FROM UNEMPLOYMENT COMPENSATION PAYABLE TO AN 16,299
OBLIGOR IS SUBJECT TO, AND SHALL BE IN ACCORDANCE WITH, SECTION 16,301
4141.282 OF THE REVISED CODE.
(C) The director of job and family services shall adopt 16,304
371
rules in accordance with Chapter 119. of the Revised Code to 16,305
implement this section, which rules shall be consistent with 16,306
section 4141.282 of the Revised Code and federal law governing 16,308
the department.
Sec. 3113.16 3121.08. (A) As used in this section: 16,317
(1) "Child support order" has the same meaning as in 16,319
section 2301.373 of the Revised Code. 16,321
(2) "Default," "obligor," and "obligee" have the same 16,323
meanings as in section 2301.34 of the Revised Code. 16,325
(3) "Prison, "PRISON," "prison term," and "jail" have the 16,328
same meanings as in section 2929.01 of the Revised Code. 16,329
(B) Notwithstanding any other section of the Revised Code, 16,332
including sections 5145.16 and 5147.30 of the Revised Code, 16,333
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 16,336
or jail who has a dependent child receiving assistance under 16,338
Chapter 5107. of the Revised Code, shall be paid to the state 16,339
department of job and family services. 16,340
(C) Notwithstanding any other section of the Revised Code, 16,343
including sections 5145.16 and 5147.30 of the Revised Code, and 16,344
except as provided in division (B) of this section, twenty-five 16,346
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 16,348
is an obligor in default under a child support order according to 16,349
the records of the child support enforcement agency administering 16,350
the order, shall be paid to the agency for distribution to the 16,351
obligee under the order pursuant to sections 3111.23 to 3111.28 16,352
or sections 3113.21 to 3113.219 of the Revised Code. 16,353
Sec. 3119.96. AS USED IN SECTIONS 3119.961 TO 3119.967 OF 16,355
THE REVISED CODE, "GENETIC TESTS" AND "GENETIC TESTING" HAVE THE 16,356
SAME MEANINGS AS IN SECTION 3111.09 OF THE REVISED CODE. 16,357
Sec. 3121.09. AN OBLIGEE OWED SUPPORT UNDER A SUPPORT 16,359
ORDER, OR A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY ON BEHALF 16,360
OF THE OBLIGEE, MAY MAINTAIN A PROCEEDING UNDER CHAPTER 3115., 16,361
372
3119., 3121., 3123., OR 3125. OF THE REVISED CODE, OR UNDER THE 16,362
COMPARABLE LAW OF ANOTHER STATE OR COUNTRY, AGAINST THE STATE TO 16,364
WITHHOLD SUPPORT FROM PAYMENTS OWED OR TO BE OWED TO ONE OF THE 16,365
FOLLOWING INDIVIDUALS WHO IS THE OBLIGOR UNDER THE SUPPORT ORDER: 16,366
(A) AN OFFICER OR EMPLOYEE OF THE STATE; 16,368
(B) AN INDIVIDUAL WHO IS UNDER CONTRACT WITH THE STATE OR 16,370
IS OWED OR TO BE OWED MONEY FROM THE STATE, INCLUDING AN 16,371
INDIVIDUAL WHO IS THE SOLE SHAREHOLDER OF A CORPORATION OR THE 16,372
SOLE MEMBER OF A LIMITED LIABILITY COMPANY. 16,373
Sec. 3121.091. (A) A WITHHOLDING NOTICE OR OTHER ORDER 16,375
ISSUED PURSUANT TO CHAPTER 3115., 3119., 3121., OR 3123. OF THE 16,377
REVISED CODE WITH RESPECT TO AN OBLIGOR DESCRIBED IN SECTION 16,379
3121.09 OF THE REVISED CODE SHALL BE SERVED ON ONE OF THE 16,380
FOLLOWING:
(1) IF THE OBLIGOR IS AN OFFICER OR EMPLOYEE OF THE STATE, 16,382
ON THE DIRECTOR OF ADMINISTRATIVE SERVICES; 16,383
(2) IF THE OBLIGOR IS AN INDIVIDUAL DESCRIBED IN DIVISION 16,385
(B) OF SECTION 3121.09 OF THE REVISED CODE, ON THE DIRECTOR OF 16,386
BUDGET AND MANAGEMENT. 16,388
(B) A NOTICE OR ORDER DESCRIBED IN THIS SECTION SHALL SET 16,390
FORTH THE FOLLOWING: 16,391
(1) THE NAME OF THE STATE AGENCY THAT OWES OR WILL OWE 16,393
MONEY TO THE INDIVIDUAL AGAINST WHOM THE NOTICE OR ORDER IS 16,394
ISSUED;
(2) IF MONEY IS TO BE WITHHELD FROM A CORPORATION OR A 16,396
LIMITED LIABILITY COMPANY TO PAY THE SUPPORT OBLIGATION OF AN 16,397
INDIVIDUAL WHO IS AN OBLIGOR, EVIDENCE THAT THE OBLIGOR IS THE 16,398
SOLE SHAREHOLDER OF THE CORPORATION OR THE SOLE MEMBER OF THE 16,399
LIMITED LIABILITY COMPANY. 16,400
Sec. 3121.11. WHEN A CHILD SUPPORT ENFORCEMENT AGENCY 16,402
RECEIVES NOTICE THAT A LUMP SUM PAYMENT OF ONE HUNDRED FIFTY 16,403
DOLLARS OR MORE IS TO BE PAID TO AN OBLIGOR WHO IS SUBJECT TO A 16,404
COURT SUPPORT ORDER, THE AGENCY SHALL NOTIFY THE COURT OF THE 16,405
RECEIPT OF THE NOTICE AND ITS CONTENTS. THE AGENCY MAY NOTIFY 16,406
373
THE COURT IF THE NOTICE SPECIFIES THAT A LUMP SUM PAYMENT OF LESS 16,407
THAN ONE HUNDRED FIFTY DOLLARS IS TO BE PAID TO THE OBLIGOR. 16,408
Sec. 3121.12. (A) ON RECEIPT OF A NOTICE THAT A LUMP SUM 16,412
PAYMENT OF ONE HUNDRED FIFTY DOLLARS OR MORE IS TO BE PAID TO THE 16,413
OBLIGOR, THE COURT, WITH RESPECT TO A COURT SUPPORT ORDER, OR THE
CHILD SUPPORT ENFORCEMENT AGENCY, WITH RESPECT TO AN 16,414
ADMINISTRATIVE CHILD SUPPORT ORDER, SHALL DO EITHER OF THE 16,416
FOLLOWING:
(1) IF THE OBLIGOR IS IN DEFAULT UNDER THE SUPPORT ORDER 16,418
OR HAS ANY ARREARAGES UNDER THE SUPPORT ORDER, ISSUE AN ORDER 16,420
REQUIRING THE TRANSMITTAL OF THE LUMP SUM PAYMENT TO THE OFFICE 16,421
OF CHILD SUPPORT;
(2) IF THE OBLIGOR IS NOT IN DEFAULT UNDER THE SUPPORT 16,423
ORDER AND DOES NOT HAVE ANY ARREARAGES UNDER THE SUPPORT ORDER, 16,425
ISSUE AN ORDER DIRECTING THE PERSON WHO GAVE THE NOTICE TO THE 16,426
COURT OR AGENCY TO IMMEDIATELY PAY THE FULL AMOUNT OF THE LUMP
SUM PAYMENT TO THE OBLIGOR. 16,427
(B) ON RECEIPT OF ANY MONEYS PURSUANT TO DIVISION (A) OF 16,430
THIS SECTION, THE OFFICE OF CHILD SUPPORT SHALL PAY THE AMOUNT OF 16,432
THE LUMP SUM PAYMENT THAT IS NECESSARY TO DISCHARGE ALL OF THE 16,433
OBLIGOR'S ARREARAGES TO THE OBLIGEE AND, WITHIN TWO BUSINESS DAYS 16,434
AFTER ITS RECEIPT OF THE MONEY, ANY AMOUNT THAT IS REMAINING 16,435
AFTER THE PAYMENT OF THE ARREARAGES TO THE OBLIGOR. 16,436
(C) A COURT THAT ISSUED AN ORDER PRIOR TO JANUARY 1, 1998, 16,439
REQUIRING AN EMPLOYER TO WITHHOLD AN AMOUNT FROM AN OBLIGOR'S 16,440
PERSONAL EARNINGS FOR THE PAYMENT OF SUPPORT SHALL ISSUE A 16,441
SUPPLEMENTAL ORDER THAT DOES NOT CHANGE THE ORIGINAL ORDER OR THE 16,442
RELATED SUPPORT ORDER REQUIRING THE EMPLOYER TO DO ALL OF THE 16,443
FOLLOWING:
(1) NO LATER THAN THE EARLIER OF FORTY-FIVE DAYS BEFORE A 16,445
LUMP SUM PAYMENT IS TO BE MADE OR, IF THE OBLIGOR'S RIGHT TO A 16,446
LUMP SUM PAYMENT IS DETERMINED LESS THAN FORTY-FIVE DAYS BEFORE 16,447
IT IS TO BE MADE, THE DATE ON WHICH THAT DETERMINATION IS MADE, 16,448
NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY OF ANY LUMP SUM 16,449
374
PAYMENT OF ANY KIND OF ONE HUNDRED FIFTY DOLLARS OR MORE THAT IS 16,451
TO BE PAID TO THE OBLIGOR; 16,452
(2) HOLD THE LUMP SUM PAYMENT FOR THIRTY DAYS AFTER THE 16,454
DATE ON WHICH IT WOULD OTHERWISE BE PAID TO THE OBLIGOR; 16,455
(3) ON ORDER OF THE COURT, PAY ANY SPECIFIED AMOUNT OF THE 16,458
LUMP SUM PAYMENT TO THE OFFICE OF CHILD SUPPORT.
(D) AN EMPLOYER THAT KNOWINGLY FAILS TO NOTIFY THE CHILD 16,460
SUPPORT ENFORCEMENT AGENCY IN ACCORDANCE WITH THIS SECTION OR 16,462
SECTION 3121.03 OF THE REVISED CODE OF ANY LUMP SUM PAYMENT TO BE 16,463
MADE TO AN OBLIGOR IS LIABLE FOR ANY SUPPORT PAYMENT NOT MADE TO 16,464
THE OBLIGEE AS A RESULT OF ITS KNOWING FAILURE TO GIVE THE 16,465
NOTICE.
Sec. 3113.212 3121.14. (A) When a court has issued a 16,474
COURT support order OR A CHILD SUPPORT ENFORCEMENT AGENCY HAS 16,476
ISSUED AN ADMINISTRATIVE CHILD SUPPORT ORDER, when the ISSUING 16,477
court or a child support enforcement agency, OR THE AGENCY 16,478
ADMINISTERING THE SUPPORT ORDER, has issued one or more notices 16,480
containing one or more of the requirements described in division 16,481
(D) of section 3113.21 3121.03 of the Revised Code or when a 16,483
court OR AGENCY THAT ISSUED THE SUPPORT ORDER has issued one or 16,484
more court orders described in division (D)(3)(C) or (4)(D) of 16,485
that section, and when either the child support enforcement 16,487
agency ADMINISTERING THE SUPPORT ORDER receives a notification as 16,489
described in division (D), (G), or (H) of section 3113.21 of the 16,490
Revised Code that pertains to a change in the source of income or 16,491
status of accounts in a financial institution of the obligor or 16,492
the child support enforcement agency ADMINISTERING THE SUPPORT 16,493
ORDER otherwise determines that the source of income or status of 16,495
accounts in a financial institution of the obligor has changed, 16,496
the child support enforcement agency ADMINISTERING THE SUPPORT 16,497
ORDER immediately shall conduct an investigation to determine the 16,498
obligor's present source of income or assets, and the obligor's 16,499
address and social security number and shall issue one or more 16,500
notices described in division (D) of section 3113.21 3121.03 of 16,501
375
the Revised Code that it determines are appropriate. If the 16,503
agency determines that no notice of the type described in 16,504
division (D)(1) or (2) of that section would be appropriate, the 16,506
agency, WITH RESPECT TO A COURT SUPPORT ORDER, may request the 16,507
court to issue a court order under division (D)(3)(C) or (4)(D) 16,509
of that section, and, upon THE AGENCY MAY ISSUE, WITH RESPECT TO 16,510
AN ADMINISTRATIVE CHILD SUPPORT ORDER, AN ADMINISTRATIVE ORDER 16,511
UNDER DIVISION (D) OF THAT SECTION. ON RECEIPT OF the request, 16,512
the court, WITH RESPECT TO A COURT SUPPORT ORDER, may issue an 16,514
order as described in that division (C) OR (D) OF SECTION 3121.03 16,516
OF THE REVISED CODE, AND THE AGENCY, WITH RESPECT TO AN
ADMINISTRATIVE CHILD SUPPORT ORDER, MAY ISSUE AN ADMINISTRATIVE 16,517
ORDER UNDER DIVISION (D) OF SECTION 3121.03 OF THE REVISED CODE. 16,518
The notices and court orders are final and are enforceable by the 16,519
court. The notices shall be mailed within fifteen days after the 16,520
obligor under the support order is located or within fifteen days 16,521
after the default under the support order, whichever is 16,522
applicable.
If the court or child support enforcement agency THAT 16,524
ISSUED THE SUPPORT ORDER, OR THE AGENCY ADMINISTERING THE SUPPORT 16,525
ORDER, previously has issued one or more notices containing one 16,527
or more of the requirements described in division (D) of section 16,528
3113.21 3121.03 of the Revised Code or, the court previously has 16,530
issued one or more court orders described in division (D)(3)(C) 16,532
or (4)(D) of that section, OR THE AGENCY HAS PREVIOUSLY ISSUED AN 16,534
ORDER DESCRIBED UNDER DIVISION (D) OF THAT SECTION and the child 16,535
support enforcement agency ADMINISTERING THE SUPPORT ORDER 16,536
determines that any of the requirements or court orders no longer 16,537
are appropriate due to the change, the agency ADMINISTERING THE 16,538
SUPPORT ORDER immediately shall cancel any previously issued 16,539
notice AND CANCEL ANY PREVIOUSLY ISSUED ADMINISTRATIVE ORDER 16,540
UNDER DIVISION (D) OF SECTION 3121.03 OF THE REVISED CODE THAT IS 16,541
NO LONGER APPROPRIATE, and the court shall cancel any previously 16,542
issued court order UNDER DIVISION (C) OR (D) OF SECTION 3121.03 16,543
376
OF THE REVISED CODE that no longer is appropriate, the agency 16,544
shall send written notice of the cancellation by regular mail to 16,545
the person who was required to comply with the withholding, 16,546
deduction, or other requirement contained in the canceled notice 16,547
or court order, and the agency shall issue one or more new 16,548
notices containing one or more requirements described in division 16,549
(D) of section 3113.21 3121.03 of the Revised Code that it 16,550
determines are appropriate. If the agency determines that no 16,552
notice of the type described in division (D)(1) or (2) of that 16,553
section would be appropriate, the agency, WITH RESPECT TO A COURT 16,555
SUPPORT ORDER, may request the court to issue a court order under 16,557
division (D)(3)(C) or (4)(D) of that section, and, upon THE 16,558
AGENCY MAY ISSUE, WITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT 16,559
ORDER, AN ADMINISTRATIVE ORDER UNDER DIVISION (D) OF THAT 16,560
SECTION. ON RECEIPT OF the request, the court may issue an order 16,561
as described in that division (C) OR (D) OF SECTION 3121.03 OF 16,562
THE REVISED CODE, AND THE AGENCY, WITH RESPECT TO AN 16,563
ADMINISTRATIVE CHILD SUPPORT ORDER, MAY ISSUE AN ADMINISTRATIVE 16,564
ORDER UNDER DIVISION (D) OF SECTION 3121.03 OF THE REVISED CODE.
The notices and court orders are final and are enforceable by the 16,566
court. The notices shall be mailed within fifteen days after the 16,567
obligor under the support order is located or within fifteen days 16,568
after the default under the support order, whichever is 16,569
applicable.
(B) When a court or child support enforcement agency has 16,571
issued one or more notices containing one or more of the 16,572
requirements described in division (D) of section 3113.21 of the 16,574
Revised Code requiring withholding by a payor that is not an 16,575
employer or requiring deduction by a financial institution or a
court has issued one or more court orders described in division 16,577
(D)(3) or (4) of that section and the agency is informed that the 16,579
obligor has commenced employment, the agency shall issue a notice 16,580
requiring the withholding of an amount from the person's personal 16,581
earnings for support, in accordance with division (D)(1) of 16,582
377
section 3113.21 of the Revised Code. The notice is final and is 16,583
enforceable by the court. Additionally, if the court or agency 16,584
determines that payments due under the support order have not 16,585
been made and that the amount that has not been paid is at least 16,586
equal to the support owed for one month under the support order, 16,587
the court shall proceed to collect on any cash bond and shall 16,588
order it paid to the division of child support in the department 16,589
of job and family services.
(C) If a child support enforcement agency sends a notice 16,591
imposing a withholding or deduction requirement or a court sends 16,592
a court order imposing any other appropriate requirement to a 16,593
person under division (A) or (B) of this section, the notice or 16,594
court order, for purposes of sections 3113.21 to 3113.219 of the 16,595
Revised Code, also shall be considered to have been issued under 16,596
division (D) of section 3113.21 of the Revised Code. The notice 16,597
or court order is final and is enforceable by the court. 16,598
(D) If a child support enforcement agency sends a notice 16,600
imposing a withholding or deduction requirement or any other 16,601
appropriate requirement to a person under division (A) or (B) of 16,602
this section or under section 3113.21 of the Revised Code and if 16,603
the payor or financial institution that is sent the withholding, 16,605
deduction, or other appropriate notice fails to comply with the 16,606
notice, the child support enforcement agency shall request the 16,607
court to issue a court order requiring the payor or financial 16,608
institution to comply with the withholding, deduction, or other 16,609
appropriate notice sent by the agency immediately or be held in 16,610
contempt of court. If the court issues the requested order and 16,611
if the payor or financial institution does not comply with the 16,613
withholding, deduction, or other appropriate order of the agency 16,614
that is the subject of the court order immediately, it is in 16,615
contempt of court. 16,616
Sec. 3121.15. WHEN A COURT OR CHILD SUPPORT ENFORCEMENT 16,618
AGENCY HAS ISSUED ONE OR MORE NOTICES CONTAINING ONE OR MORE OF 16,619
THE REQUIREMENTS DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE 16,621
378
REQUIRING WITHHOLDING BY A PAYOR THAT IS NOT AN EMPLOYER OR 16,623
REQUIRING DEDUCTION BY A FINANCIAL INSTITUTION, A COURT HAS 16,624
ISSUED ONE OR MORE COURT ORDERS DESCRIBED IN DIVISION (C) OR (D) 16,626
OF THAT SECTION, OR AN AGENCY HAS ISSUED AN ADMINISTRATIVE ORDER 16,627
UNDER DIVISION (D) OF THAT SECTION AND THE AGENCY ADMINISTERING 16,628
THE SUPPORT ORDER IS INFORMED THAT THE OBLIGOR HAS COMMENCED 16,630
EMPLOYMENT, THAT AGENCY SHALL ISSUE A NOTICE REQUIRING THE 16,631
WITHHOLDING OF AN AMOUNT FROM THE PERSON'S PERSONAL EARNINGS FOR 16,632
SUPPORT, IN ACCORDANCE WITH SECTION 3121.03 OF THE REVISED CODE. 16,634
THE NOTICE IS FINAL AND IS ENFORCEABLE BY THE COURT. 16,635
ADDITIONALLY, IF THE COURT OR AGENCY DETERMINES THAT PAYMENTS DUE 16,636
UNDER THE SUPPORT ORDER HAVE NOT BEEN MADE AND THAT THE AMOUNT 16,637
THAT HAS NOT BEEN PAID IS AT LEAST EQUAL TO THE SUPPORT OWED FOR 16,638
ONE MONTH UNDER THE SUPPORT ORDER, THE COURT SHALL PROCEED TO 16,639
COLLECT ON ANY CASH BOND AND SHALL ORDER IT PAID TO THE OFFICE OF 16,640
CHILD SUPPORT IN THE DEPARTMENT OF JOB AND FAMILY SERVICES.
Sec. 3121.16. IF A CHILD SUPPORT ENFORCEMENT AGENCY SENDS 16,642
A NOTICE IMPOSING A WITHHOLDING OR DEDUCTION REQUIREMENT OR A 16,643
COURT OR AGENCY SENDS AN ORDER IMPOSING ANY OTHER APPROPRIATE 16,644
REQUIREMENT TO A PERSON UNDER SECTION 3121.14 OR 3121.15 OF THE 16,645
REVISED CODE, THE NOTICE OR ORDER ALSO SHALL BE CONSIDERED TO 16,647
HAVE BEEN ISSUED UNDER SECTION 3121.03 OF THE REVISED CODE. THE 16,648
NOTICE OR ORDER IS FINAL AND IS ENFORCEABLE BY THE COURT. 16,649
Sec. 3121.18. A PAYOR ORDERED TO WITHHOLD A SPECIFIED 16,651
AMOUNT FROM THE INCOME OF AN EMPLOYEE UNDER A WITHHOLDING NOTICE 16,653
DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE MAY DEDUCT FROM 16,655
THE INCOME OF THE PERSON, IN ADDITION TO THE AMOUNT WITHHELD FOR 16,656
PURPOSES OF SUPPORT, A FEE OF THE GREATER OF TWO DOLLARS OR AN 16,658
AMOUNT NOT EXCEEDING ONE PER CENT OF THE AMOUNT WITHHELD AS A 16,659
CHARGE FOR ITS SERVICES IN COMPLYING WITH THE WITHHOLDING NOTICE. 16,661
A FINANCIAL INSTITUTION REQUIRED TO DEDUCT FUNDS FROM AN ACCOUNT 16,662
UNDER A DEDUCTION NOTICE DESCRIBED IN SECTION 3121.03 OF THE 16,664
REVISED CODE MAY DEDUCT FROM THE ACCOUNT OF THE PERSON, IN 16,666
ADDITION TO THE AMOUNT DEDUCTED FOR PURPOSES OF SUPPORT, A FEE OF 16,667
379
THE LESSER OF FIVE DOLLARS OR AN AMOUNT NOT EXCEEDING THE LOWEST 16,668
RATE IT CHARGES, IF ANY, FOR A DEBIT TRANSACTION IN A SIMILAR 16,669
ACCOUNT AS A CHARGE FOR ITS SERVICE IN COMPLYING WITH THE 16,670
DEDUCTION NOTICE.
Sec. 3121.19. THE ENTIRE AMOUNT WITHHELD OR DEDUCTED 16,672
PURSUANT TO A WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN 16,673
SECTION 3121.03 OF THE REVISED CODE SHALL BE FORWARDED TO THE 16,675
OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF JOB AND FAMILY 16,676
SERVICES IMMEDIATELY, BUT NOT LATER THAN SEVEN BUSINESS DAYS, 16,677
AFTER THE WITHHOLDING OR DEDUCTION, AS DIRECTED IN THE 16,678
WITHHOLDING OR DEDUCTION NOTICE.
Sec. 3121.20. A PAYOR OR FINANCIAL INSTITUTION REQUIRED TO 16,680
WITHHOLD OR DEDUCT A SPECIFIED AMOUNT FROM THE INCOME OR SAVINGS 16,681
OF MORE THAN ONE OBLIGOR UNDER A WITHHOLDING OR DEDUCTION NOTICE 16,683
DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE AND TO FORWARD 16,685
THE AMOUNTS WITHHELD OR DEDUCTED TO THE OFFICE OF CHILD SUPPORT 16,686
MAY COMBINE ALL OF THE AMOUNTS TO BE FORWARDED IN ONE PAYMENT IF
THE PAYMENT IS ACCOMPANIED BY A LIST THAT CLEARLY IDENTIFIES EACH 16,688
OBLIGOR COVERED BY THE PAYMENT AND THE PORTION OF THE PAYMENT 16,689
ATTRIBUTABLE TO EACH OBLIGOR.
Sec. 3121.21. A PAYOR OR FINANCIAL INSTITUTION SHALL NOT 16,691
BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY FOR COMPLIANCE, IN 16,692
ACCORDANCE WITH SECTIONS 3121.18 TO 3121.20 OF THE REVISED CODE, 16,693
WITH A WITHHOLDING OR DEDUCTION NOTICE. 16,694
Sec. 3121.23. EXCEPT WHEN A PROVISION SPECIFICALLY 16,696
AUTHORIZES OR REQUIRES SERVICE OTHER THAN AS DESCRIBED IN THIS 16,697
SECTION, SERVICE OF ANY NOTICE ON ANY PARTY, A FINANCIAL 16,699
INSTITUTION, OR PAYOR, FOR PURPOSES OF CHAPTERS 3119., 3121., 16,701
3123., AND 3125. OF THE REVISED CODE, SHALL BE MADE BY ORDINARY 16,703
FIRST CLASS MAIL DIRECTED TO THE ADDRESSEE AT THE LAST KNOWN 16,704
ADDRESS OR, IN THE CASE OF A CORPORATION, AT ITS USUAL PLACE OF 16,705
DOING BUSINESS. A NOTICE SHALL BE CONSIDERED TO HAVE BEEN SERVED 16,707
WHEN IT IS MAILED.
Sec. 3121.24. (A) EACH PARTY TO A SUPPORT ORDER SHALL 16,709
380
NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE 16,711
SUPPORT ORDER OF THE PARTY'S CURRENT MAILING ADDRESS, CURRENT 16,713
RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, AND 16,714
CURRENT DRIVER'S LICENSE NUMBER, AT THE TIME OF THE ISSUANCE OR 16,715
MODIFICATION OF THE ORDER. UNTIL FURTHER NOTICE OF THE COURT OR 16,717
AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER, EACH PARTY SHALL
NOTIFY THE AGENCY ADMINISTERING THE SUPPORT ORDER OF ANY CHANGE 16,719
IN INFORMATION IMMEDIATELY AFTER THE CHANGE OCCURS. WITH RESPECT 16,721
TO A COURT SUPPORT ORDER, ANY WILLFUL FAILURE TO COMPLY WITH THIS 16,722
SECTION IS CONTEMPT OF COURT. NO PERSON SHALL FAIL TO GIVE THE 16,723
NOTICE REQUIRED BY DIVISION (A) OF THIS SECTION.
(B) THE PARTIES AFFECTED BY THE SUPPORT ORDER SHALL INFORM 16,725
THE CHILD SUPPORT ENFORCEMENT AGENCY OF ANY CHANGE OF NAME OR 16,726
OTHER CHANGE OF CONDITIONS THAT MAY AFFECT THE ADMINISTRATION OF 16,727
THE ORDER.
Sec. 3121.25. IF A PARTY TO A COURT SUPPORT ORDER REQUESTS 16,729
A MODIFICATION OF THE ORDER OR AN OBLIGEE UNDER A COURT SUPPORT 16,730
ORDER OR A PERSON ACTING ON BEHALF OF AN OBLIGEE FILES AN ACTION 16,731
TO ENFORCE A COURT CHILD SUPPORT ORDER, THE COURT SHALL NOTIFY 16,732
THE CHILD SUPPORT ENFORCEMENT AGENCY THAT IS ADMINISTERING THE 16,733
COURT CHILD SUPPORT ORDER OR THAT WILL ADMINISTER THE ORDER OF 16,734
THE REQUEST OR THE FILING.
Sec. 3121.27. (A) A COURT OR CHILD SUPPORT ENFORCEMENT 16,736
AGENCY SHALL INCLUDE IN ANY ORDER FOR SUPPORT IT ISSUES A GENERAL 16,738
PROVISION THAT STATES THE FOLLOWING:
"ALL SUPPORT UNDER THIS ORDER SHALL BE WITHHELD OR DEDUCTED 16,741
FROM THE INCOME OR ASSETS OF THE OBLIGOR PURSUANT TO A 16,743
WITHHOLDING OR DEDUCTION NOTICE OR APPROPRIATE ORDER ISSUED IN 16,744
ACCORDANCE WITH CHAPTERS 3119., 3121., 3123., AND 3125. OF THE 16,745
REVISED CODE OR A WITHDRAWAL DIRECTIVE ISSUED PURSUANT TO 16,746
SECTIONS 3123.24 TO 3123.38 OF THE REVISED CODE AND SHALL BE 16,747
FORWARDED TO THE OBLIGEE IN ACCORDANCE WITH CHAPTERS 3119., 16,749
3121., 3123., AND 3125. OF THE REVISED CODE."
(B) ALL SUPPORT ORDERS ISSUED PRIOR TO DECEMBER 31, 1993, 16,752
381
THAT HAVE NOT BEEN MODIFIED OR SUBJECT TO DIVISION (B) OF FORMER 16,754
SECTION 3113.21 OF THE REVISED CODE OR SECTIONS 3123.02 TO
3123.071 OF THE REVISED CODE, REGARDING A DEFAULT UNDER THE ORDER 16,755
ON OR AFTER THAT DATE SHALL BE CONSIDERED TO CONTAIN THE GENERAL 16,757
PROVISION DESCRIBED IN THIS SECTION AND SHALL BE ENFORCED AND 16,758
MODIFIED IN THE SAME MANNER AS A SUPPORT ORDER ISSUED ON OR AFTER 16,759
DECEMBER 31, 1993. 16,760
Sec. 3121.28. IN ANY ACTION OR PROCEEDING IN WHICH A 16,762
SUPPORT ORDER IS ISSUED OR MODIFIED, THE COURT OR CHILD SUPPORT 16,763
ENFORCEMENT AGENCY THAT ISSUES OR MODIFIES THE ORDER SHALL 16,765
INCLUDE IN THE ORDER, IN ADDITION TO ANY PROVISION REQUIRED BY 16,766
THE REVISED CODE, ALL OF THE FOLLOWING:
(A) A REQUIREMENT THAT, REGARDLESS OF THE FREQUENCY OR 16,768
AMOUNT OF SUPPORT PAYMENTS TO BE MADE UNDER THE ORDER, THE CHILD 16,770
SUPPORT ENFORCEMENT AGENCY REQUIRED TO ADMINISTER THE ORDER SHALL 16,771
ADMINISTER IT ON A MONTHLY BASIS, IN ACCORDANCE WITH SECTIONS 16,772
3121.51 TO 3121.54 OF THE REVISED CODE;
(B) A SPECIFICATION OF THE MONTHLY AMOUNT DUE UNDER THE 16,774
SUPPORT ORDER FOR PURPOSES OF ITS MONTHLY ADMINISTRATION, AS 16,776
DETERMINED UNDER SECTION 3121.52 OF THE REVISED CODE;
(C) A STATEMENT THAT PAYMENTS UNDER THE ORDER ARE TO BE 16,778
MADE IN THE MANNER ORDERED BY THE COURT OR AGENCY, AND THAT IF 16,779
THE PAYMENTS ARE TO BE MADE OTHER THAN ON A MONTHLY BASIS, THE 16,781
REQUIRED MONTHLY ADMINISTRATION BY THE AGENCY DOES NOT AFFECT THE 16,782
FREQUENCY OR THE AMOUNT OF THE SUPPORT PAYMENTS TO BE MADE UNDER 16,784
THE ORDER.
Sec. 3121.29. EACH SUPPORT ORDER, OR MODIFICATION OF A 16,786
SUPPORT ORDER, SHALL CONTAIN A NOTICE THAT STATES THE FOLLOWING 16,788
IN BOLDFACE TYPE AND IN ALL CAPITAL LETTERS: 16,789
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 16,792
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 16,793
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 16,794
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 16,795
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 16,796
382
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY,
WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER 16,798
A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED 16,799
NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, 16,800
$100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. 16,801
IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED 16,802
BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, 16,803
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES 16,804
UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 16,805
IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED 16,807
NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT 16,809
ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; 16,810
LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER'S 16,811
LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; 16,812
ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL 16,813
INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN 16,814
MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 16,816
Sec. 3121.30. A SUPPORT ORDER, OR MODIFICATION OF A 16,818
SUPPORT ORDER, SHALL CONTAIN THE DATE OF BIRTH AND SOCIAL 16,820
SECURITY NUMBER OF THE OBLIGOR.
Sec. 3121.33. THE WITHHOLDING OR DEDUCTION NOTICES AND 16,822
OTHER ORDERS ISSUED UNDER SECTIONS 3121.03, 3121.04 TO 3121.06, 16,823
AND 3121.12 OF THE REVISED CODE, AND THE NOTICES THAT REQUIRE THE 16,825
OBLIGOR TO NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY 16,826
ADMINISTERING THE SUPPORT ORDER OF ANY CHANGE IN THE OBLIGOR'S 16,827
EMPLOYMENT STATUS OR OF ANY OTHER CHANGE IN THE STATUS OF THE 16,829
OBLIGOR'S ASSETS, ARE FINAL AND ENFORCEABLE BY THE COURT. 16,830
Sec. 3121.34. A PERSON REQUIRED TO COMPLY WITH WITHHOLDING 16,833
OR DEDUCTION NOTICES DESCRIBED IN SECTION 3121.03 OF THE REVISED 16,834
CODE SHALL DETERMINE THE MANNER OF WITHHOLDING OR DEDUCTING FROM 16,835
THE SPECIFIC REQUIREMENT INCLUDED IN THE NOTICES WITHOUT THE NEED 16,837
FOR ANY AMENDMENT TO THE SUPPORT ORDER, AND A PERSON REQUIRED TO 16,838
COMPLY WITH AN ORDER DESCRIBED IN SECTIONS 3121.03, 3121.04 TO 16,839
3121.06, AND 3121.12 OF THE REVISED CODE SHALL COMPLY WITHOUT THE 16,840
383
NEED FOR ANY AMENDMENT TO THE SUPPORT ORDER. 16,841
Sec. 3121.35. A COURT THAT HAS AUTHORITY TO ISSUE A COURT 16,843
SUPPORT ORDER SHALL HAVE ALL POWERS NECESSARY TO ENFORCE THE 16,844
ORDER AND ANY ADMINISTRATIVE CHILD SUPPORT ORDER AND ALL OTHER 16,845
POWERS SET FORTH IN THE REVISED CODE. 16,847
Sec. 3121.36. THE TERMINATION OF A COURT SUPPORT ORDER OR 16,850
ADMINISTRATIVE CHILD SUPPORT ORDER DOES NOT ABATE THE POWER OF 16,851
ANY COURT OR CHILD SUPPORT ENFORCEMENT AGENCY TO COLLECT ANY
OVERDUE AND UNPAID SUPPORT OR ARREARAGE OWED UNDER THE TERMINATED 16,852
SUPPORT ORDER OR THE POWER OF THE COURT TO PUNISH ANY PERSON FOR 16,853
A FAILURE TO COMPLY WITH, OR TO PAY ANY SUPPORT AS ORDERED IN, 16,854
THE TERMINATED SUPPORT ORDER. THE TERMINATION DOES NOT ABATE THE 16,855
AUTHORITY OF THE COURT OR AGENCY TO ISSUE ANY NOTICE DESCRIBED IN 16,856
SECTION 3121.03 OF THE REVISED CODE OR TO ISSUE ANY APPLICABLE 16,857
ORDER AS DESCRIBED IN DIVISION (C) OR (D) OF SECTION 3121.03 OF 16,858
THE REVISED CODE TO COLLECT ANY OVERDUE AND UNPAID SUPPORT OR 16,860
ARREARAGE OWED UNDER THE TERMINATED SUPPORT ORDER. IF A NOTICE 16,861
IS ISSUED PURSUANT TO SECTION 3121.03 OF THE REVISED CODE TO 16,862
COLLECT THE OVERDUE AND UNPAID SUPPORT OR ARREARAGE, THE AMOUNT 16,863
WITHHELD OR DEDUCTED FROM THE OBLIGOR'S PERSONAL EARNINGS, 16,864
INCOME, OR ACCOUNTS SHALL BE AT LEAST EQUAL TO THE AMOUNT THAT 16,865
WAS WITHHELD OR DEDUCTED UNDER THE TERMINATED CHILD SUPPORT
ORDER. 16,866
Sec. 3121.37. IF AN OBLIGOR OR ANY OTHER PERSON FAILS TO 16,868
COMPLY WITH AN ADMINISTRATIVE CHILD SUPPORT ORDER, THE AGENCY 16,869
THAT ISSUED THE ORDER MAY REQUEST THAT THE JUVENILE COURT OR 16,871
OTHER COURT WITH JURISDICTION UNDER SECTION 2101.022 OR 2301.03 16,872
OF THE REVISED CODE OF THE COUNTY IN WHICH THE AGENCY IS LOCATED 16,874
FIND THE OBLIGOR OR OTHER PERSON IN CONTEMPT PURSUANT TO SECTION 16,875
2705.02 OF THE REVISED CODE.
Sec. 3121.371. IF A CHILD SUPPORT ENFORCEMENT AGENCY SENDS 16,877
A NOTICE IMPOSING A WITHHOLDING OR DEDUCTION REQUIREMENT OR ANY 16,878
OTHER APPROPRIATE REQUIREMENT TO A PERSON DESCRIBED IN SECTION 16,879
3121.03 OF THE REVISED CODE AND THE PAYOR OR FINANCIAL 16,881
384
INSTITUTION SENT THE WITHHOLDING, DEDUCTION, OR OTHER APPROPRIATE 16,882
NOTICE FAILS TO COMPLY WITH THE NOTICE, THE AGENCY SHALL REQUEST 16,884
THAT THE COURT ISSUE A COURT ORDER REQUIRING THE PAYOR OR 16,885
FINANCIAL INSTITUTION TO COMPLY IMMEDIATELY WITH THE NOTICE OR BE 16,886
HELD IN CONTEMPT OF COURT. IF THE COURT ISSUES THE ORDER AND THE 16,887
PAYOR OR FINANCIAL INSTITUTION DOES NOT IMMEDIATELY COMPLY WITH 16,888
THE NOTICE, IT IS IN CONTEMPT OF COURT. 16,889
Sec. 3121.372. THE FAILURE OF A PERSON TO SEND ANY NOTICE 16,891
REQUIRED BY SECTION 3121.03, 3121.036, 3121.05, 3121.06, OR 16,892
3121.12 OF THE REVISED CODE SHALL BE CONSIDERED CONTEMPT OF 16,893
COURT.
Sec. 3121.38. A PAYOR THAT FAILS TO WITHHOLD AN AMOUNT 16,895
FROM AN OBLIGOR'S INCOME FOR SUPPORT IN ACCORDANCE WITH A 16,896
WITHHOLDING REQUIREMENT INCLUDED IN A WITHHOLDING NOTICE ISSUED 16,897
UNDER SECTION 3121.03 OF THE REVISED CODE OR A FINANCIAL 16,900
INSTITUTION THAT FAILS TO DEDUCT FUNDS FROM AN OBLIGOR'S ACCOUNT 16,901
FOR SUPPORT IN ACCORDANCE WITH A DEDUCTION REQUIREMENT INCLUDED 16,902
IN A DEDUCTION NOTICE ISSUED UNDER SECTION 3121.03 OF THE REVISED 16,904
CODE IS LIABLE FOR THE AMOUNT THAT WAS NOT WITHHELD OR DEDUCTED, 16,905
EXCEPT THAT A PAYOR THAT IS AN EMPLOYER WHOSE NORMAL PAY AND 16,906
DISBURSEMENT CYCLES MAKE IT IMPOSSIBLE TO COMPLY WITH A 16,908
WITHHOLDING REQUIREMENT CONTAINED IN A WITHHOLDING NOTICE SHALL 16,909
NOT BE LIABLE FOR THE AMOUNT NOT WITHHELD IF THE EMPLOYER, AS 16,910
SOON AS POSSIBLE AFTER RECEIPT OF THE WITHHOLDING NOTICE, 16,911
PROVIDES THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY THAT 16,912
ISSUED THE NOTICE WITH WRITTEN NOTICE OF THE IMPOSSIBILITY AND 16,913
THE REASONS FOR THE IMPOSSIBILITY. 16,914
A PAYOR WHO IS LIABLE UNDER THIS PROVISION FOR AN AMOUNT 16,917
THAT WAS NOT WITHHELD SHALL BE ORDERED BY THE COURT OR AGENCY TO 16,918
PAY THAT AMOUNT TO THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT 16,919
OF JOB AND FAMILY SERVICES, TO BE DISBURSED IN ACCORDANCE WITH 16,920
THE SUPPORT ORDER FOR THE BENEFIT OF THE CHILD OR SPOUSE. 16,921
Sec. 3121.381. A COURT MAY FINE A PAYOR NOT MORE THAN TWO 16,923
HUNDRED DOLLARS FOR FAILURE TO WITHHOLD INCOME, AS REQUIRED UNDER 16,924
385
A WITHHOLDING NOTICE ISSUED UNDER SECTION 3121.03 OF THE REVISED 16,925
CODE, UNDER A COURT SUPPORT ORDER OR TO NOTIFY THE COURT OR CHILD 16,928
SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE COURT SUPPORT ORDER 16,929
THAT A SITUATION HAS OCCURRED CAUSING THE PAYOR TO CEASE PAYING 16,931
INCOME IN AN AMOUNT SUFFICIENT TO COMPLY WITH THE ORDER TO THE 16,932
OBLIGOR, OR, IN CASES IN WHICH THE OBLIGOR IS AN EMPLOYER, THE 16,933
OBLIGOR IS RECEIVING OR IS ELIGIBLE TO RECEIVE A BENEFIT OF 16,934
EMPLOYMENT OTHER THAN PERSONAL EARNINGS. 16,935
THE COURT MAY FINE A FINANCIAL INSTITUTION NOT MORE THAN 16,938
TWO HUNDRED DOLLARS FOR FAILURE TO DEDUCT FUNDS, AS REQUIRED BY A 16,939
DEDUCTION NOTICE ISSUED UNDER SECTION 3121.03 OF THE REVISED 16,940
CODE, FROM AN ACCOUNT UNDER A COURT SUPPORT ORDER OR TO NOTIFY 16,942
THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE 16,943
COURT SUPPORT ORDER OF THE TERMINATION OF AN ACCOUNT FROM WHICH 16,945
FUNDS ARE BEING DEDUCTED OR OF THE OPENING OF A NEW ACCOUNT. 16,946
Sec. 3121.39. NO PAYOR THAT IS AN EMPLOYER MAY USE A 16,948
REQUIREMENT TO WITHHOLD PERSONAL EARNINGS CONTAINED IN A 16,950
WITHHOLDING NOTICE ISSUED UNDER SECTION 3121.03 OF THE REVISED 16,952
CODE AS A BASIS FOR A DISCHARGE OF, OR FOR ANY DISCIPLINARY 16,953
ACTION AGAINST, AN EMPLOYEE, OR AS A BASIS FOR A REFUSAL TO 16,954
EMPLOY A PERSON.
Sec. 3121.43. EXCEPT AS PROVIDED IN SECTIONS 3125.27 TO 16,957
3125.30 OF THE REVISED CODE, THE OFFICE OF CHILD SUPPORT IN THE 16,959
DEPARTMENT OF JOB AND FAMILY SERVICES SHALL BE THE SOLE AGENCY OF 16,960
THE STATE RESPONSIBLE FOR THE COLLECTION OF ALL SUPPORT PAYMENTS
DUE UNDER SUPPORT ORDERS AND THE DISBURSEMENT OF THE PAYMENTS TO 16,962
OBLIGEES. THE OFFICE SHALL MAKE COLLECTIONS AND DISBURSEMENTS IN 16,963
COMPLIANCE WITH SECTION 5107.20 OF THE REVISED CODE AND RULES 16,964
ADOPTED PURSUANT TO SECTION 3121.71 OF THE REVISED CODE. 16,965
Sec. 3121.44. ON ISSUING OR MODIFYING A SUPPORT ORDER, 16,969
ISSUING ANY WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN SECTION 16,970
3121.03 OF THE REVISED CODE, OR ISSUING AN ORDER DESCRIBED IN 16,972
DIVISION (C) OR (D) OF THAT SECTION, THE COURT OR CHILD SUPPORT 16,974
ENFORCEMENT AGENCY SHALL REQUIRE THAT SUPPORT PAYMENTS BE MADE TO 16,975
386
THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF JOB AND FAMILY 16,977
SERVICES AS TRUSTEE FOR REMITTANCE TO THE PERSON ENTITLED TO 16,978
RECEIVE PAYMENTS, EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 16,979
2151.49, 3113.07, AND 3125.27 TO 3125.30 OF THE REVISED CODE. 16,981
Sec. 3121.45. ANY PAYMENT OF MONEY BY THE PERSON 16,983
RESPONSIBLE FOR THE SUPPORT PAYMENTS UNDER A SUPPORT ORDER TO THE 16,984
PERSON ENTITLED TO RECEIVE THE SUPPORT PAYMENTS THAT IS NOT MADE 16,985
TO THE OFFICE OF CHILD SUPPORT, OR TO THE CHILD SUPPORT 16,986
ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER UNDER SECTIONS 16,987
3125.27 TO 3125.30 OF THE REVISED CODE, SHALL NOT BE CONSIDERED A 16,988
PAYMENT OF SUPPORT UNDER THE SUPPORT ORDER AND, UNLESS THE 16,989
PAYMENT IS MADE TO DISCHARGE AN OBLIGATION OTHER THAN SUPPORT, 16,990
SHALL BE DEEMED TO BE A GIFT.
Sec. 3121.46. (A) WHEN A SUPPORT ORDER IS ISSUED OR 16,993
MODIFIED, A WITHHOLDING OR DEDUCTION NOTICE DESCRIBED IN SECTION 16,994
3121.03 OF THE REVISED CODE IS ISSUED, OR AN ORDER DESCRIBED IN 16,997
DIVISION (C) OR (D) OF SECTION 3121.03 OF THE REVISED CODE IS 16,998
ISSUED, OR AT ANY TIME AFTER THE SUPPORT ORDER IS ISSUED OR 16,999
MODIFIED, THE COURT MAY ORDER THE OFFICE OF CHILD SUPPORT, OR THE 17,001
CHILD SUPPORT ENFORCEMENT AGENCY MAY ISSUE AN ORDER REQUIRING THE
OFFICE, TO TRANSMIT THE PAYMENTS OR MAKE THEM PAYABLE TO ANY 17,003
THIRD PERSON THAT IS EITHER AGREED UPON BY THE PARTIES AND 17,004
APPROVED BY THE COURT OR APPOINTED BY THE COURT, WITH RESPECT TO 17,005
A SUPPORT ORDER, OR IS EITHER AGREED UPON BY THE PARTIES AND 17,006
APPROVED BY THE AGENCY OR APPOINTED BY THE AGENCY, WITH RESPECT 17,007
TO AN ADMINISTRATIVE CHILD SUPPORT ORDER. THIRD PERSONS INCLUDE, 17,008
BUT ARE NOT LIMITED TO, A TRUSTEE, A CUSTODIAN, THE GUARDIAN OF 17,009
THE ESTATE OF THE CHILD, THE COUNTY DEPARTMENT OF JOB AND FAMILY 17,010
SERVICES, PUBLIC CHILDREN SERVICES AGENCY, OR ANY APPROPRIATE 17,011
SOCIAL AGENCY.
(B) ANY PERSON NAMED PURSUANT TO THIS SECTION IS ENTITLED 17,014
TO RECEIVE THE SUPPORT PAYMENTS. THE COURT MAY ALLOW THE PERSON 17,015
TO RECEIVE A REASONABLE FEE FOR SERVICES RENDERED PURSUANT TO 17,016
THIS SECTION. THE PERSON SHALL MAKE FINANCIAL REPORTS IN 17,017
387
CONNECTION WITH THESE SERVICES AT THE TIME AND IN THE MANNER 17,018
PRESCRIBED BY THE COURT OR AS REQUIRED BY LAW.
Sec. 3121.47. ANY PERSON ENTITLED TO RECEIVE SUPPORT 17,020
PAYMENTS EITHER PERSONALLY OR ON BEHALF OF ANOTHER PERSON, BY 17,021
REASON OF ANY SUPPORT ORDER THAT DOES NOT DIRECT THAT PAYMENTS BE 17,022
MADE TO THE OFFICE OF CHILD SUPPORT, MAY APPLY TO THE APPROPRIATE 17,024
CHILD SUPPORT ENFORCEMENT AGENCY FOR THE ADMINISTRATION OF THE 17,025
ORDER. ON RECEIPT OF THE APPLICATION, THE AGENCY HAS AUTHORITY 17,026
TO ADMINISTER THE ORDER. THE AGENCY SHALL NOTIFY THE OBLIGOR BY 17,028
ANY METHOD OF SERVICE AUTHORIZED UNDER THE CIVIL RULES TO MAKE 17,030
ALL SUPPORT PAYMENTS DUE AFTER SERVICE OF THE NOTICE ON THE 17,031
OBLIGOR TO THE OFFICE. AN OBLIGOR SO NOTIFIED BY AN AGENCY SHALL 17,033
MAKE ALL SUBSEQUENT PAYMENTS TO THE OFFICE UNLESS THE COURT, ON 17,034
THE OBLIGOR'S APPLICATION FILED WITHIN THIRTY DAYS AFTER SERVICE 17,036
OF THE NOTICE ON THE OBLIGOR, ORDERS THE CHILD SUPPORT 17,037
ENFORCEMENT AGENCY NOT TO ADMINISTER THE SUPPORT ORDER. 17,038
Sec. 3121.48. THE OFFICE OF CHILD SUPPORT SHALL MAINTAIN A 17,041
SEPARATE ACCOUNT FOR THE DEPOSIT OF SUPPORT PAYMENTS IT RECEIVES 17,042
AS TRUSTEE FOR REMITTANCE TO THE PERSONS ENTITLED TO RECEIVE THE 17,043
SUPPORT PAYMENTS.
Sec. 3121.49. THE OFFICE OF CHILD SUPPORT SHALL RETAIN, 17,045
AND USE SOLELY FOR SUPPORT ENFORCEMENT ACTIVITIES, ALL INTEREST 17,047
EARNED ON MONEYS IN ANY SUPPORT PAYMENT ACCOUNT IT MAINTAINS. 17,049
Sec. 3121.50. ON RECEIPT OF ANY AMOUNT FORWARDED FROM A 17,052
PAYOR OR FINANCIAL INSTITUTION, THE OFFICE OF CHILD SUPPORT SHALL 17,053
DISTRIBUTE THE AMOUNT TO THE OBLIGEE WITHIN TWO BUSINESS DAYS OF 17,055
ITS RECEIPT OF THE AMOUNT FORWARDED. THE DIRECTOR OF JOB AND 17,056
FAMILY SERVICES MAY ADOPT, REVISE, OR AMEND RULES UNDER CHAPTER 17,057
119. OF THE REVISED CODE TO ASSIST IN THE IMPLEMENTATION OF THIS 17,059
SECTION.
Sec. 3121.51. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 17,061
ADMINISTER ALL SUPPORT ORDERS ON A MONTHLY BASIS. 17,062
Sec. 3121.52. A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY 17,064
THAT ISSUES OR MODIFIES A SUPPORT ORDER WITH SUPPORT PAYMENTS TO 17,066
388
BE MADE OTHER THAN ON A MONTHLY BASIS SHALL CALCULATE A MONTHLY 17,067
AMOUNT DUE UNDER THE ORDER, FOR PURPOSES OF ITS MONTHLY 17,068
ADMINISTRATION, IN THE FOLLOWING MANNER: 17,069
(A) IF THE SUPPORT ORDER IS TO BE PAID WEEKLY, MULTIPLY 17,072
THE WEEKLY AMOUNT OF SUPPORT DUE UNDER THE ORDER BY FIFTY-TWO AND 17,073
DIVIDE THE RESULTING ANNUAL AMOUNT BY TWELVE;
(B) IF THE SUPPORT ORDER IS TO BE PAID BIWEEKLY, MULTIPLY 17,076
THE BIWEEKLY AMOUNT OF SUPPORT DUE UNDER THE ORDER BY TWENTY-SIX 17,077
AND DIVIDE THE RESULTING ANNUAL AMOUNT BY TWELVE;
(C) IF THE SUPPORT ORDER IS TO BE PAID PERIODICALLY BUT IS 17,080
NOT TO BE PAID WEEKLY, BIWEEKLY, OR MONTHLY, MULTIPLY THE
PERIODIC AMOUNT OF SUPPORT DUE BY AN APPROPRIATE NUMBER TO OBTAIN 17,082
THE ANNUAL AMOUNT OF SUPPORT DUE UNDER THE ORDER AND DIVIDE THE 17,083
ANNUAL AMOUNT OF SUPPORT DUE BY TWELVE.
Sec. 3121.53. IF THE PAYMENTS UNDER A SUPPORT ORDER ARE TO 17,085
BE MADE OTHER THAN ON A MONTHLY BASIS, THE REQUIRED MONTHLY 17,086
ADMINISTRATION OF THE ORDER BY A CHILD SUPPORT ENFORCEMENT AGENCY 17,087
SHALL NOT AFFECT THE FREQUENCY OR THE AMOUNT OF THE SUPPORT 17,089
PAYMENTS TO BE MADE UNDER THE ORDER.
Sec. 3121.54. WITH RESPECT TO SUPPORT ORDERS THAT REQUIRE 17,091
PAYMENT OF SUPPORT TO COMMENCE ON A DAY OTHER THAN THE FIRST DAY 17,092
OF A MONTH, THE CHILD SUPPORT ENFORCEMENT AGENCY, FOR PURPOSES OF 17,094
MONTHLY ADMINISTRATION, SHALL COMPUTE A PRO RATA AMOUNT DUE UNDER 17,096
THE ORDER FOR THE FIRST MONTH OF THE PERIOD OF PAYMENT, IN THE 17,097
FOLLOWING MANNER:
(A) DETERMINE AN ANNUAL AMOUNT UNDER SECTION 3121.52 OF 17,099
THE REVISED CODE; 17,100
(B) DIVIDE THE ANNUAL AMOUNT BY ONE OF THE FOLLOWING TO 17,102
OBTAIN THE DAILY RATE: 17,103
(1) IF PAYMENT OF SUPPORT IS REQUIRED TO COMMENCE IN A 17,105
LEAP YEAR, THREE HUNDRED SIXTY-SIX; 17,106
(2) IF PAYMENT OF SUPPORT IS REQUIRED TO COMMENCE IN A 17,108
YEAR THAT IS NOT A LEAP YEAR, THREE HUNDRED SIXTY-FIVE. 17,109
(C) MULTIPLY THE DAILY RATE BY THE NUMBER OF DAYS THE 17,111
389
ORDER IS IN EFFECT IN THE FIRST MONTH, INCLUDING THE DATE PAYMENT 17,112
OF SUPPORT IS REQUIRED TO COMMENCE AND THE LAST DAY OF THE FIRST 17,113
MONTH.
Sec. 3121.56. THE OFFICE OF CHILD SUPPORT SHALL COLLECT 17,115
THE ADMINISTRATIVE CHARGE IMPOSED ON THE OBLIGOR UNDER THE 17,116
SUPPORT ORDER PURSUANT TO SECTION 3119.27 OF THE REVISED CODE. 17,117
Sec. 3121.57. THE OFFICE OF CHILD SUPPORT IS NOT REQUIRED 17,120
TO APPLY AN ADMINISTRATIVE CHARGE INCLUDED WITH A PAYMENT FOR
CURRENT SUPPORT PAYMENT TOWARD ANY ARREARAGES UNDER THE SUPPORT 17,122
ORDER.
Sec. 3121.58. IF AN OBLIGOR FAILS TO PAY THE REQUIRED 17,124
ADMINISTRATIVE CHARGE AMOUNT WITH EACH CURRENT SUPPORT PAYMENT 17,125
DUE IN INCREMENTS SPECIFIED UNDER THE SUPPORT ORDER, THE OFFICE 17,126
OF CHILD SUPPORT SHALL MAINTAIN A SEPARATE ARREARAGE ACCOUNT OF 17,127
THAT AMOUNT FOR THE OBLIGOR. THE OFFICE SHALL NOT DEDUCT THE 17,128
UNPAID AMOUNT FROM ANY SUPPORT PAYMENT DUE THE OBLIGEE UNDER THE 17,129
SUPPORT ORDER.
Sec. 3121.59. A FINE IMPOSED PURSUANT TO DIVISION (B) OF 17,131
SECTION 3121.99 OF THE REVISED CODE SHALL BE PAID TO THE OFFICE 17,133
OF CHILD SUPPORT IN THE DEPARTMENT OF JOB AND FAMILY SERVICES OR, 17,134
PURSUANT TO SECTION 3125.29 OF THE REVISED CODE, TO THE CHILD 17,135
SUPPORT ENFORCEMENT AGENCY. THE AMOUNT OF THE FINE THAT DOES NOT 17,137
EXCEED THE AMOUNT OF ARREARAGE UNDER THE CHILD SUPPORT ORDER
SHALL BE DISBURSED IN ACCORDANCE WITH THE CHILD SUPPORT ORDER. 17,138
THE AMOUNT OF THE FINE THAT EXCEEDS THE AMOUNT OF THE ARREARAGE 17,139
SHALL BE CONSIDERED PROGRAM INCOME AND HANDLED IN ACCORDANCE WITH 17,140
SECTION 3121.60 OF THE REVISED CODE. 17,141
Sec. 3121.60. ALL ADMINISTRATIVE CHARGE AMOUNTS AND 17,143
PROGRAM INCOME COLLECTED SHALL BE PLACED IN THE PROGRAM INCOME 17,145
FUND ESTABLISHED UNDER SECTION 3121.63 OF THE REVISED CODE. 17,146
Sec. 3121.63. THE PROGRAM INCOME FUND IS HEREBY CREATED IN 17,148
THE STATE TREASURY. THE FUND SHALL CONSIST OF ADMINISTRATIVE 17,150
CHARGE AMOUNTS COLLECTED UNDER SECTION 3121.56 OF THE REVISED 17,151
CODE, PROGRAM INCOME COLLECTED UNDER SECTION 3121.59 OF THE 17,153
390
REVISED CODE, AND ANY OTHER PROGRAM INCOME. THE FUNDS SHALL BE 17,155
USED BY THE OFFICE OF CHILD SUPPORT AND CHILD SUPPORT ENFORCEMENT 17,156
AGENCIES FOR CHILD SUPPORT ENFORCEMENT ACTIVITIES. 17,157
Sec. 3121.64. ON RECEIPT OF ADMINISTRATIVE CHARGES UNDER 17,159
SECTION 3121.56 OF THE REVISED CODE, THE OFFICE OF CHILD SUPPORT 17,160
SHALL DETERMINE THE CHARGE AMOUNTS COLLECTED FROM OBLIGORS UNDER 17,162
SUPPORT ORDERS BEING ADMINISTERED BY THE CHILD SUPPORT 17,163
ENFORCEMENT AGENCY IN EACH COUNTY AND DISTRIBUTE QUARTERLY TO 17,164
EACH AGENCY AN AMOUNT EQUAL TO THE CHARGES ATTRIBUTABLE TO THE 17,165
AGENCY.
Sec. 3121.65. NO ADMINISTRATIVE CHARGE AMOUNTS COLLECTED 17,168
SHALL BE USED BY THE OFFICE OF CHILD SUPPORT OR A CHILD SUPPORT 17,169
ENFORCEMENT AGENCY FOR ANY PURPOSE OTHER THAN THE PROVISION OF 17,170
FUNDS FOR SUPPORT ENFORCEMENT ACTIVITIES.
Sec. 3121.67. THE OFFICE OF CHILD SUPPORT MAY ENTER INTO 17,173
CONTRACTS WITH PUBLIC ENTITIES OR PRIVATE VENDORS FOR THE 17,174
COLLECTION OF AMOUNTS DUE UNDER SUPPORT ORDERS OR FOR THE 17,175
PERFORMANCE OF OTHER ADMINISTRATIVE DUTIES OF THE OFFICE. THE 17,176
OFFICE MAY CONTRACT WITH A PUBLIC OR PRIVATE ENTITY FOR THE 17,177
COLLECTION OF ARREARAGES OWED UNDER ANY CHILD SUPPORT ORDER FOR 17,179
WHICH A COURT OR A CHILD SUPPORT ENFORCEMENT AGENCY HAS FOUND THE
OBLIGOR IN DEFAULT PURSUANT TO A FINAL AND ENFORCEABLE ORDER 17,180
ISSUED PURSUANT TO SECTIONS 3123.02 TO 3123.071 OF THE REVISED 17,182
CODE. EACH CONTRACT SHALL COMPLY WITH THE RULES ADOPTED PURSUANT 17,185
TO SECTION 3121.71 OF THE REVISED CODE.
Sec. 3121.69. IN ORDER TO COMPLY WITH ITS COLLECTION AND 17,187
DISBURSEMENT RESPONSIBILITIES, THE OFFICE OF CHILD SUPPORT MAY 17,188
REQUIRE THE DIRECTOR OF EACH CHILD SUPPORT ENFORCEMENT AGENCY TO 17,190
AUTHORIZE THE OFFICE TO USE THAT DIRECTOR'S FACSIMILE SIGNATURE 17,191
IF THE OFFICE DETERMINES THE SIGNATURE'S USE IS NECESSARY. AN
AGENCY DIRECTOR SHALL NOT BE SUBJECT TO CIVIL OR CRIMINAL 17,192
LIABILITY FOR ANY DAMAGE OR INJURY TO PERSONS OR PROPERTY THAT 17,193
RESULT FROM THE USE OF THE FACSIMILE SIGNATURE BY THE STATE. 17,194
Sec. 3121.71. THE DIRECTOR OF JOB AND FAMILY SERVICES, 17,197
391
PURSUANT TO CHAPTER 119. OF THE REVISED CODE, SHALL ADOPT RULES 17,198
THAT DO ALL OF THE FOLLOWING: 17,199
(A) GOVERN COLLECTION AND DISBURSEMENT OF CHILD SUPPORT 17,201
AMOUNTS IN COMPLIANCE WITH TITLE IV-D OF THE "SOCIAL SECURITY 17,204
ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651 ET SEQ., AS AMENDED, 17,205
AND ANY REGULATIONS ADOPTED UNDER THE ACT; 17,206
(B) GOVERN THE METHOD OF SENDING ADMINISTRATIVE CHARGE 17,208
AMOUNTS TO CHILD SUPPORT ENFORCEMENT AGENCIES; 17,210
(C) ASSIST IN THE IMPLEMENTATION OF SEPARATE ACCOUNTS FOR 17,212
SUPPORT PAYMENTS RECEIVED BY THE DIVISION; 17,213
(D) GOVERN THE PROCESS OF ENTERING INTO AND THE PROVISIONS 17,216
OF CONTRACTS DESCRIBED IN SECTION 3121.67 OF THE REVISED CODE. 17,217
Sec. 3121.74. THE OFFICE OF CHILD SUPPORT IN THE 17,219
DEPARTMENT OF JOB AND FAMILY SERVICES SHALL ENTER INTO ACCOUNT 17,222
INFORMATION ACCESS AGREEMENTS WITH FINANCIAL INSTITUTIONS DOING 17,224
BUSINESS IN THIS STATE AND WITH FINANCIAL INSTITUTIONS DOING 17,225
BUSINESS IN OTHER STATES. THE OFFICE MAY JOIN AN ALLIANCE OF 17,226
STATES FOR THE PURPOSE OF PARTICIPATING IN THE FINANCIAL DATA 17,227
MATCHING PROGRAM, AS DEFINED IN SECTION 666(A)(17) OF TITLE 42 OF 17,229
THE UNITED STATES CODE, AND ENTERING INTO AGREEMENTS WITH 17,231
FINANCIAL INSTITUTIONS DOING BUSINESS IN THIS STATE. IN THE CASE 17,232
OF FINANCIAL INSTITUTIONS DOING BUSINESS IN OTHER STATES, THE 17,233
OFFICE SHALL ENTER INTO AN AGREEMENT WITH THE FEDERAL OFFICE OF 17,234
CHILD SUPPORT ENFORCEMENT FOR THE PURPOSE OF PARTICIPATING IN THE 17,235
FINANCIAL INSTITUTION DATA MATCHING PROGRAM. THE AGREEMENTS 17,237
SHALL PROVIDE THE OFFICE ACCESS TO ACCOUNT INFORMATION SPECIFIED 17,238
IN THIS SECTION FOR THE PURPOSES OF ESTABLISHING, MODIFYING, OR 17,240
ENFORCING SUPPORT ORDERS. THE AGREEMENTS SHALL SPECIFY THE 17,241
MANNER IN WHICH THE INFORMATION IS TO BE PROVIDED AND SHALL 17,242
REQUIRE THAT THE OFFICE BE AFFORDED ACCESS TO THE FOLLOWING 17,243
INFORMATION EACH CALENDAR QUARTER CONCERNING ALL OBLIGORS IN 17,244
DEFAULT UNDER SUPPORT ORDERS BEING ADMINISTERED BY CHILD SUPPORT 17,245
ENFORCEMENT AGENCIES IN THIS STATE WHO MAINTAIN AN ACCOUNT WITH 17,246
THE FINANCIAL INSTITUTION:
392
(A) THE OBLIGOR'S NAME; 17,248
(B) THE OBLIGOR'S ADDRESS; 17,250
(C) THE OBLIGOR'S SOCIAL SECURITY NUMBER OR TAXPAYER 17,252
IDENTIFICATION NUMBER; 17,253
(D) WHETHER ANOTHER PERSON HAS AN OWNERSHIP INTEREST IN 17,255
THE ACCOUNT, INCLUDING A LIST OF ALL PERSONS HAVING AN OWNERSHIP 17,256
INTEREST IN THE ACCOUNT AS REFLECTED ON THE SIGNATURE CARD OR 17,257
SIMILAR DOCUMENT ON FILE WITH THE FINANCIAL INSTITUTION; 17,258
(E) THE TYPE OF ACCOUNT MAINTAINED BY THE OBLIGOR, SUCH AS 17,261
A SAVINGS, CHECKING, OR MONEY MARKET MUTUAL FUND ACCOUNT; 17,262
(F) ANY OTHER INFORMATION AGREED TO BY THE PARTIES. 17,264
Sec. 3121.75. A FINANCIAL INSTITUTION THAT RESPONDS TO A 17,267
REQUEST OR PROVIDES INFORMATION TO THE OFFICE OF CHILD SUPPORT 17,268
PURSUANT TO AN ACCOUNT INFORMATION ACCESS AGREEMENT SHALL DEDUCT 17,270
A FEE OF FIVE DOLLARS FOR EACH WITHDRAWAL THE FINANCIAL 17,271
INSTITUTION MAKES FROM AN OBLIGOR'S ACCOUNT ON RECEIPT OF A 17,272
WITHDRAWAL DIRECTIVE UNDER SECTION 3123.37 OF THE REVISED CODE. 17,273
Sec. 3121.76. INFORMATION OBTAINED FROM A FINANCIAL 17,276
INSTITUTION PURSUANT TO AN ACCOUNT INFORMATION ACCESS AGREEMENT 17,277
IS NOT A PUBLIC RECORD FOR THE PURPOSES OF SECTION 149.43 OF THE 17,279
REVISED CODE. NO PERSON OR GOVERNMENT ENTITY THAT OBTAINS 17,281
INFORMATION CONCERNING AN ACCOUNT HOLDER FROM A FINANCIAL 17,282
INSTITUTION PURSUANT TO AN AGREEMENT SHALL DISCLOSE THE 17,283
INFORMATION FOR PURPOSES OTHER THAN THE ESTABLISHMENT, 17,284
MODIFICATION, OR ENFORCEMENT OF A SUPPORT ORDER.
Sec. 3121.77. FINANCIAL INSTITUTIONS OR THEIR OFFICERS, 17,287
DIRECTORS, AND EMPLOYEES SHALL NOT BE SUBJECT TO CRIMINAL OR 17,288
CIVIL LIABILITY FOR DISCLOSING OR RELEASING INFORMATION 17,289
CONCERNING AN ACCOUNT HOLDER TO THE OFFICE OF CHILD SUPPORT 17,290
PURSUANT TO AN ACCOUNT INFORMATION ACCESS AGREEMENT, OR FOR ANY 17,291
OTHER ACTION TAKEN IN GOOD FAITH TO COMPLY WITH AN ACCOUNT 17,293
INFORMATION ACCESS AGREEMENT, REGARDLESS OF WHETHER THE ACTION
WAS SPECIFICALLY AUTHORIZED OR DESCRIBED IN THE AGREEMENT. 17,294
Sec. 3121.78. THE DIRECTOR OF JOB AND FAMILY SERVICES 17,297
393
SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE 17,300
THAT GOVERN THE PROVISIONS OF AN AGREEMENT REQUIRED PURSUANT TO 17,302
SECTION 3121.74 OF THE REVISED CODE AND THE PROCEDURE FOR 17,303
ENTERING INTO AN AGREEMENT. 17,304
Sec. 3121.81. THE OFFICE OF CHILD SUPPORT IN THE 17,307
DEPARTMENT OF JOB AND FAMILY SERVICES SHALL ESTABLISH AND 17,308
MAINTAIN A CASE REGISTRY OF ALL SUPPORT ORDERS BEING ADMINISTERED 17,309
OR OTHERWISE HANDLED BY A CHILD SUPPORT ENFORCEMENT AGENCY. 17,310
Sec. 3121.82. THE CASE REGISTRY SHALL INCLUDE ALL OF THE 17,312
FOLLOWING INFORMATION: 17,313
(A) THE NAME, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE 17,315
NUMBER, OTHER IDENTIFICATION NUMBER, RESIDENCE TELEPHONE NUMBER, 17,316
AND DATE OF BIRTH OF EACH OBLIGOR AND OBLIGEE UNDER A SUPPORT 17,317
ORDER; 17,318
(B) PAYMENT INFORMATION INCLUDING THE PERIODIC SUPPORT 17,320
AMOUNT DUE, ARREARAGES, PENALTIES FOR LATE PAYMENT, FEES, AMOUNTS 17,322
COLLECTED, AND AMOUNTS DISTRIBUTED UNDER A SUPPORT ORDER; 17,323
(C) LIENS IMPOSED ON REAL AND PERSONAL PROPERTY TO RECOVER 17,326
ARREARAGES UNDER A SUPPORT ORDER;
(D) WITH RESPECT TO A CHILD SUPPORT ORDER, THE NAME AND 17,328
BIRTHDATE OF EACH CHILD SUBJECT TO THE ORDER; 17,329
(E) INFORMATION OBTAINED PURSUANT TO AN AGREEMENT UNDER 17,331
SECTION 3121.74 OF THE REVISED CODE; 17,332
(F) ANY OTHER INFORMATION REQUIRED BY THE DIRECTOR OF JOB 17,335
AND FAMILY SERVICES PURSUANT TO RULES ADOPTED UNDER SECTION 17,336
3121.86 OF THE REVISED CODE.
Sec. 3121.83. THE CASE REGISTRY SHALL BE MAINTAINED AS 17,339
PART OF THE AUTOMATED SYSTEM CREATED PURSUANT TO SECTION 3125.07 17,340
OF THE REVISED CODE AND SHALL BE ACCESSED THROUGH THE SYSTEM. 17,342
THE OFFICE OF CHILD SUPPORT AND EACH CHILD SUPPORT ENFORCEMENT 17,343
AGENCY SHALL MONITOR AND UPDATE THE REGISTRY, AND EACH AGENCY 17,344
SHALL ENTER THE INFORMATION DESCRIBED IN SECTION 3121.82 OF THE 17,345
REVISED CODE IN THE REGISTRY IN ACCORDANCE WITH RULES ADOPTED 17,346
PURSUANT TO SECTION 3121.86 OF THE REVISED CODE. 17,347
394
Sec. 3121.84. (A) THE OFFICE OF CHILD SUPPORT SHALL MAKE 17,349
COMPARISONS OF THE INFORMATION IN THE CASE REGISTRY WITH THE 17,351
INFORMATION MAINTAINED BY THE DEPARTMENT OF JOB AND FAMILY 17,352
SERVICES PURSUANT TO SECTIONS 3111.64 AND 3121.894 OF THE REVISED 17,353
CODE. THE OFFICE SHALL MAKE THE COMPARISONS IN THE MANNER AND IN 17,355
THE TIME INTERVALS REQUIRED BY THE RULES ADOPTED PURSUANT TO 17,356
SECTION 3121.86 OF THE REVISED CODE. THE OFFICE SHALL MAKE 17,358
REPORTS OF INFORMATION IN THE REGISTRY TO OTHER ENTITIES OF THE 17,359
STATE, THE FEDERAL GOVERNMENT, AND OTHER STATES AS REQUIRED BY 17,360
THOSE RULES.
(B) THE OFFICE SHALL MAKE COMPARISONS OF INFORMATION IN 17,363
THE CASE REGISTRY WITH INFORMATION MAINTAINED BY THE DEPARTMENT 17,364
PURSUANT TO SECTIONS 3111.64 AND 3121.894 OF THE REVISED CODE AND 17,366
PROVIDE INFORMATION IN THE CASE REGISTRY TO OTHER ENTITIES OF THE 17,367
STATE, THE FEDERAL GOVERNMENT, AND OTHER STATES CONSISTENT WITH 17,369
TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42 17,371
U.S.C. 651 ET SEQ., AS AMENDED, AND ANY FEDERAL REGULATIONS 17,373
ADOPTED UNDER THE ACT.
Sec. 3121.85. EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL 17,375
ENTER INFORMATION INTO THE CASE REGISTRY AND MAINTAIN AND UPDATE 17,377
THAT INFORMATION CONSISTENT WITH TITLE IV-D OF THE "SOCIAL 17,378
SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651 ET SEQ., AS 17,380
AMENDED AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE ACT. THE 17,381
OFFICE OF CHILD SUPPORT AND EACH CHILD SUPPORT ENFORCEMENT AGENCY 17,382
SHALL MONITOR THE REGISTRY CONSISTENT WITH TITLE IV-D OF THE 17,384
"SOCIAL SECURITY ACT," AS AMENDED, AND ANY FEDERAL REGULATIONS 17,385
ADOPTED UNDER THE ACT.
Sec. 3121.86. THE DIRECTOR OF JOB AND FAMILY SERVICES 17,388
SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 17,390
CODE THAT DO BOTH OF THE FOLLOWING: 17,391
(A) ESTABLISH PROCEDURES GOVERNING ACTIONS REQUIRED BY 17,393
SECTIONS 3121.84 AND 3121.85 OF THE REVISED CODE; 17,394
(B) DESIGNATE ANY ADDITIONAL INFORMATION THAT MUST BE 17,396
PLACED IN THE CASE REGISTRY CONSISTENT WITH TITLE IV-D OF THE 17,399
395
"SOCIAL SECURITY ACT," 42 U.S.C. 651 ET SEQ., AS AMENDED, AND ANY 17,400
FEDERAL REGULATIONS ADOPTED UNDER THE ACT. 17,401
Sec. 3121.89. AS USED IN SECTIONS 3121.891 TO 3121.8911 OF 17,403
THE REVISED CODE: 17,404
(A) "EMPLOYEE" MEANS AN INDIVIDUAL WHO IS EMPLOYED TO 17,408
PROVIDE SERVICES FOR COMPENSATION TO AN EMPLOYER AND INCLUDES AN 17,409
INDIVIDUAL WHO PROVIDES SERVICES TO AN EMPLOYER UNDER A CONTRACT 17,410
AS AN INDEPENDENT CONTRACTOR, AND WHO IS AN INDIVIDUAL, THE SOLE 17,411
SHAREHOLDER OF A CORPORATION, OR THE SOLE MEMBER OF A LIMITED 17,412
LIABILITY COMPANY. "EMPLOYEE" DOES NOT INCLUDE AN INDIVIDUAL 17,413
PERFORMING INTELLIGENCE OR COUNTERINTELLIGENCE FUNCTIONS FOR A 17,415
STATE AGENCY, IF THE HEAD OF THE AGENCY HAS DETERMINED THAT 17,416
REPORTING PURSUANT TO THIS SECTION COULD ENDANGER THE SAFETY OF 17,417
THE EMPLOYEE OR COMPROMISE AN ONGOING INVESTIGATION OR
INTELLIGENCE MISSION. 17,418
(B) "EMPLOYER" MEANS ANY PERSON OR GOVERNMENTAL ENTITY 17,421
OTHER THAN THE FEDERAL GOVERNMENT FOR WHICH AN INDIVIDUAL 17,422
PERFORMS ANY SERVICE, OF WHATEVER NATURE, AS THE EMPLOYEE OF SUCH 17,423
PERSON, EXCEPT THAT: 17,424
(1) IF THE PERSON FOR WHOM THE INDIVIDUAL PERFORMS 17,426
SERVICES DOES NOT HAVE CONTROL OF THE PAYMENT OF COMPENSATION FOR 17,428
THE SERVICES, "EMPLOYER" MEANS THE PERSON HAVING CONTROL OF THE 17,429
PAYMENT OF THE COMPENSATION.
(2) IN THE CASE OF A PERSON PAYING COMPENSATION ON BEHALF 17,431
OF A NONRESIDENT ALIEN INDIVIDUAL, FOREIGN PARTNERSHIP, OR 17,432
FOREIGN CORPORATION NOT ENGAGED IN TRADE OR BUSINESS WITHIN THE 17,433
UNITED STATES, "EMPLOYER" MEANS THE PERSON PAYING THE 17,434
COMPENSATION.
Sec. 3121.891. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 17,437
THIS SECTION, EVERY EMPLOYER SHALL MAKE A NEW HIRE REPORT TO THE 17,438
DEPARTMENT OF JOB AND FAMILY SERVICES REGARDING THE HIRING, 17,439
REHIRING, OR RETURN TO WORK AS AN EMPLOYEE OF A PERSON WHO 17,441
RESIDES, WORKS, OR WILL BE ASSIGNED TO WORK IN THIS STATE TO WHOM 17,442
THE EMPLOYER ANTICIPATES PAYING COMPENSATION.
396
(B) AN EMPLOYER WITH EMPLOYEES IN TWO OR MORE STATES THAT 17,445
TRANSMITS NEW HIRE REPORTS MAGNETICALLY OR ELECTRONICALLY MAY 17,446
MAKE THE NEW HIRE REPORT TO ANOTHER STATE IF THE EMPLOYER DOES 17,447
BOTH OF THE FOLLOWING:
(1) NOTIFIES THE OHIO DEPARTMENT OF JOB AND FAMILY 17,449
SERVICES AND THE UNITED STATES SECRETARY OF HEALTH AND HUMAN 17,451
SERVICES IN WRITING THAT THE EMPLOYER HAS DESIGNATED ANOTHER 17,452
STATE AS THE STATE TO WHICH THE EMPLOYER WILL TRANSMIT THE 17,454
REPORT;
(2) TRANSMITS THE REPORT TO THAT STATE IN COMPLIANCE WITH 17,457
FEDERAL LAW.
Sec. 3121.892. AN EMPLOYER SHALL INCLUDE ALL OF THE 17,459
FOLLOWING IN EACH NEW HIRE REPORT: 17,460
(A) THE EMPLOYEE'S NAME, ADDRESS, DATE OF BIRTH, SOCIAL 17,463
SECURITY NUMBER, AND DATE OF HIRE, REHIRE, OR RETURN TO WORK; 17,464
(B) THE EMPLOYER'S NAME, ADDRESS, AND IDENTIFICATION 17,466
NUMBER.
Sec. 3121.893. AN EMPLOYER MAY MAKE A NEW HIRE REPORT BY 17,468
SUBMITTING A COPY OF THE UNITED STATES INTERNAL REVENUE SERVICE 17,470
FORM W-4 (EMPLOYEE'S WITHHOLDING ALLOWANCE CERTIFICATE) FOR THE 17,471
EMPLOYEE, A FORM PROVIDED BY THE DEPARTMENT OF JOB AND FAMILY 17,472
SERVICES, OR ANY OTHER HIRING DOCUMENT OR DATA STORAGE DEVICE OR 17,476
MECHANISM THE DEPARTMENT AUTHORIZES. AN EMPLOYER MAY MAKE THE
NEW HIRE REPORT BY MAIL, FAX, MAGNETIC OR ELECTRONIC MEANS, OR 17,477
OTHER MEANS THE DEPARTMENT AUTHORIZES. IF AN EMPLOYER MAKES A 17,479
NEW HIRE REPORT BY MAIL, THE DATE OF MAKING THE REPORT IS THE
POSTMARK DATE IF THE REPORT IS MAILED IN THE UNITED STATES WITH 17,481
FIRST CLASS POSTAGE AND IS ADDRESSED AS THE DEPARTMENT 17,482
AUTHORIZES. AN EMPLOYER SHALL MAKE THE NEW HIRE REPORT NOT LATER 17,483
THAN TWENTY DAYS AFTER THE DATE ON WHICH THE EMPLOYER HIRES OR 17,485
REHIRES AN EMPLOYEE OR THE EMPLOYEE RETURNS TO WORK. 17,486
Sec. 3121.894. THE DEPARTMENT OF JOB AND FAMILY SERVICES 17,488
SHALL, WITHIN FIVE DAYS OF RECEIPT FROM AN EMPLOYER, ENTER THE 17,490
INFORMATION DESCRIBED IN SECTION 3121.892 OF THE REVISED CODE 17,492
397
INTO THE NEW HIRES DIRECTORY, WHICH SHALL BE PART OF OR 17,493
ACCESSIBLE TO THE AUTOMATED DATA PROCESSING SYSTEM REQUIRED 17,494
PURSUANT TO SECTION 3125.07 OF THE REVISED CODE. 17,496
Sec. 3121.895. THE DEPARTMENT OF JOB AND FAMILY SERVICES 17,498
SHALL MAKE COMPARISONS OF THE SOCIAL SECURITY NUMBERS OBTAINED 17,500
PURSUANT TO SECTION 3121.892 OF THE REVISED CODE AND THE SOCIAL 17,501
SECURITY NUMBERS APPEARING IN THE CASE REGISTRY MAINTAINED 17,502
PURSUANT TO SECTIONS 3121.81 TO 3121.86 OF THE REVISED CODE. NOT 17,504
LATER THAN THE BUSINESS DAY AFTER INFORMATION IS ENTERED INTO THE 17,507
DIRECTORY, IF THE COMPARISON CONDUCTED BY THE DEPARTMENT RESULTS 17,508
IN A MATCH, THE DEPARTMENT SHALL NOTIFY THE CHILD SUPPORT 17,510
ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER.
Sec. 3121.896. NOT LATER THAN THE BUSINESS DAY AFTER 17,512
RECEIPT OF THE NOTICE DESCRIBED IN SECTION 3121.895 OF THE 17,513
REVISED CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING 17,514
THE SUPPORT ORDER SHALL SEND A WITHHOLDING NOTICE TO THE EMPLOYER 17,515
PURSUANT TO SECTION 3121.03 OF THE REVISED CODE, UNLESS THE 17,516
EMPLOYEE'S INCOME IS NOT SUBJECT TO WITHHOLDING, AND SHALL TAKE 17,517
ANY OTHER APPROPRIATE ACTION UNDER CHAPTERS 3119., 3121., 3123., 17,518
AND 3125. OF THE REVISED CODE. 17,520
Sec. 3121.897. WITHIN THREE BUSINESS DAYS AFTER 17,522
INFORMATION IS ENTERED INTO THE NEW HIRES DIRECTORY, THE 17,523
DEPARTMENT OF JOB AND FAMILY SERVICES SHALL FURNISH THE 17,524
INFORMATION TO THE NATIONAL DIRECTORY OF NEW HIRES. THE 17,525
DEPARTMENT SHALL FURNISH TO THE NATIONAL DIRECTORY OF NEW HIRES 17,527
ON A QUARTERLY BASIS SUCH INFORMATION CONTAINED IN THE RECORDS OF 17,528
THE DEPARTMENT AS IS REQUIRED BY STATE AND FEDERAL LAW. 17,529
Sec. 3121.898. THE DEPARTMENT OF JOB AND FAMILY SERVICES 17,531
SHALL USE THE NEW HIRE REPORTS IT RECEIVES TO LOCATE INDIVIDUALS 17,534
FOR THE PURPOSES OF ESTABLISHING PATERNITY; FOR ESTABLISHING, 17,535
MODIFYING, AND ENFORCING SUPPORT ORDERS BEING ADMINISTERED BY 17,536
CHILD SUPPORT ENFORCEMENT AGENCIES IN THIS STATE; AND TO DETECT 17,537
FRAUD IN ANY PROGRAM ADMINISTERED BY THE DEPARTMENT. 17,539
Sec. 3121.899. THE NEW HIRE REPORTS SHALL NOT BE 17,541
398
CONSIDERED PUBLIC RECORDS FOR PURPOSES OF SECTION 149.43 OF THE 17,544
REVISED CODE. THE DIRECTOR OF JOB AND FAMILY SERVICES MAY ADOPT 17,545
RULES UNDER SECTION 3125.51 OF THE REVISED CODE GOVERNING ACCESS 17,547
TO, AND USE AND DISCLOSURE OF, INFORMATION CONTAINED IN THE NEW 17,548
HIRE REPORTS. THE DEPARTMENT MAY DISCLOSE INFORMATION IN THE NEW 17,549
HIRE REPORTS TO ANY AGENT OF THE DEPARTMENT OR CHILD SUPPORT 17,550
ENFORCEMENT AGENCY THAT IS UNDER CONTRACT WITH THE DEPARTMENT FOR 17,551
THE PURPOSES LISTED IN SECTION 3121.898 OF THE REVISED CODE. THE 17,552
DEPARTMENT MAY SUBMIT TO THE BUREAU OF WORKERS' COMPENSATION A 17,555
COPY OF ANY NEW HIRE REPORT IT RECEIVES. 17,556
Sec. 3121.8910. AN EMPLOYER THAT FAILS TO MAKE A NEW HIRE 17,558
REPORT SHALL BE REQUIRED BY THE DEPARTMENT OF JOB AND FAMILY 17,559
SERVICES TO PAY A FEE OF NOT MORE THAN TWENTY-FIVE DOLLARS FOR 17,560
EACH FAILURE TO MAKE A REPORT. 17,561
IF THE FAILURE TO MAKE A NEW HIRE REPORT IS THE RESULT OF A 17,563
CONSPIRACY BETWEEN THE EMPLOYER AND THE EMPLOYEE NOT TO SUPPLY 17,564
THE REPORT OR TO SUPPLY A FALSE OR INCOMPLETE REPORT, THE 17,565
DEPARTMENT SHALL REQUIRE THE EMPLOYER TO PAY A FEE OF NOT MORE 17,567
THAN FIVE HUNDRED DOLLARS FOR EACH SUCH FAILURE. 17,568
Sec. 3121.8911. THE DIRECTOR OF JOB AND FAMILY SERVICES 17,570
SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 17,571
CODE TO IMPLEMENT SECTIONS 3121.89 TO 3121.8910 OF THE REVISED 17,573
CODE.
Sec. 5101.318 3121.91. The department OF JOB AND FAMILY 17,576
SERVICES may request the assistance of other states in enforcing 17,577
support orders issued by the courts and child support enforcement 17,578
agencies of this state consistent with section 466(a) TITLE IV-D 17,580
of the "Social Security Act," as amended by the "Personal 17,582
Responsibility and Work Opportunity Reconciliation Act of 1996," 17,583
110 88 Stat. 2105 2351 (1975), 42 U.S.C. 666(a) 651 ET SEQ., AS 17,585
AMENDED. The department, when enforcing, WHEN SUPPORT ORDERS 17,587
ISSUED IN OTHER STATES ARE BEING ENFORCED IN THIS STATE pursuant 17,588
to Chapters 2301., 3113., 3115., and 5101. 3119., 3121., 3123., 17,590
AND 3125. of the Revised Code, support orders issued in other 17,592
399
states THE FOLLOWING SHALL APPLY:
(A) THE DEPARTMENT shall use the forms required pursuant 17,595
to sections 452(a) and 454(9) TITLE IV-D of the "Social Security 17,597
Act," as amended by the "Personal Responsibility and Work 17,598
Opportunity Reconciliation Act of 1996," 110 88 Stat. 2105 2351 17,599
(1975), 42 U.S.C. 652(a) and 654(9) 651 ET SEQ., AS AMENDED. 17,600
(B) EXCEPT AS PROVIDED BY CHAPTER 3115. OF THE REVISED 17,602
CODE, A SUPPORT ORDER ISSUED IN A STATE OTHER THAN THIS STATE 17,603
THAT IS BEING ADMINISTRATIVELY ENFORCED IN THIS STATE PURSUANT TO 17,604
42 U.S.C. 666(a)(14)(A) SHALL NOT BE CONSIDERED TO BE TRANSFERRED 17,606
TO THE CASELOAD OF ANY CHILD SUPPORT ENFORCEMENT AGENCY OF THIS 17,607
STATE OR TO THE DEPARTMENT.
THE DEPARTMENT SHALL MAINTAIN RECORDS OF THE NUMBER OF 17,609
REQUESTS FOR ASSISTANCE RECEIVED IN THIS STATE FOR ENFORCEMENT OF 17,611
SUPPORT CASES ISSUED BY OTHER STATES, THE NUMBER OF SUPPORT CASES
ISSUED BY ANOTHER STATE UNDER WHICH SUPPORT WAS ACTUALLY 17,612
COLLECTED IN THIS STATE, AND THE AMOUNT OF SUPPORT COLLECTED. 17,613
Sec. 5101.316 3121.92. The department of job and family 17,622
services may enter into an agreement with a foreign country for 17,625
the establishment of and enforcement of support orders issued 17,626
under the laws of that country if that country, as part of the 17,627
agreement, agrees to enforce support orders issued under the laws 17,628
of this state. The department must provide services under the 17,629
program of support enforcement established pursuant to this 17,630
section to a foreign country with which the department has an 17,631
agreement under this section and to a foreign country declared to 17,632
be a foreign reciprocating country under section 459A TITLE IV-D 17,634
of the "Social Security Act," as amended by the "Personal 17,638
Responsibility and Work Opportunity Reconciliation Act of 1996," 17,640
110 88 Stat. 2105 2351 (1975), 42 U.S.C. 659A 651 ET SEQ., AS 17,642
AMENDED, that requests the services. The department shall 17,643
provide the services without imposing an application fee or any 17,644
other cost on the foreign country or the obligee requesting the 17,645
services. The department may impose the application fee or other 17,647
400
costs on the obligor under the support order. The director of 17,648
job and family services shall adopt rules pursuant to Chapter 17,650
119. of the Revised Code governing the procedure for entering 17,652
into a contract pursuant to this section, the provisions of the 17,653
contract, and the provision of support enforcement services, 17,654
which rules shall be consistent with sections 454 and 459A TITLE 17,655
IV-D of the "Social Security Act," as amended by the "Personal 17,656
Responsibility and Work Opportunity Reconciliation Act of 1996," 17,657
110 88 Stat. 2105 2351 (1975), 42 U.S.C. 654 and 659A 651 ET 17,660
SEQ., AS AMENDED, and regulations adopted under the act. 17,661
Sec. 3121.99. (A) WHOEVER VIOLATES SECTION 3121.76 OF THE 17,663
REVISED CODE SHALL BE FINED NO MORE THAN FIVE HUNDRED DOLLARS, OR 17,665
IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH. 17,666
(B) AN OBLIGOR WHO VIOLATES SECTION 3121.036 OR 3121.24 OF 17,669
THE REVISED CODE SHALL BE FINED NOT MORE THAN FIFTY DOLLARS FOR A 17,670
FIRST OFFENSE, NOT MORE THAN ONE HUNDRED DOLLARS FOR A SECOND 17,671
OFFENSE, AND NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH 17,672
SUBSEQUENT OFFENSE.
(C) AN EMPLOYER THAT VIOLATES SECTION 3121.39 OF THE 17,675
REVISED CODE WITH RESPECT TO A COURT SUPPORT ORDER MAY BE FINED 17,676
NOT MORE THAN FIVE HUNDRED DOLLARS.
Sec. 3123.01. AS USED IN THIS CHAPTER: 17,678
(A) "COURT SUPPORT ORDER" AND "PERSONAL EARNINGS" HAVE THE 17,680
SAME MEANINGS AS IN SECTION 3119.01 OF THE REVISED CODE. 17,681
(B) "DEFAULT," "FINANCIAL INSTITUTION," "INCOME," AND 17,683
"PAYOR" HAVE THE SAME MEANINGS AS IN SECTION 3121.01 OF THE 17,684
REVISED CODE.
Sec. 3123.02. IMMEDIATELY AFTER IDENTIFICATION OF A 17,687
DEFAULT UNDER A SUPPORT ORDER, THE CHILD SUPPORT ENFORCEMENT 17,688
AGENCY SHALL CONDUCT AN INVESTIGATION TO DETERMINE THE EMPLOYMENT 17,689
STATUS OF THE OBLIGOR, THE OBLIGOR'S SOCIAL SECURITY NUMBER, THE 17,690
NAME AND BUSINESS ADDRESS OF THE OBLIGOR'S EMPLOYER, WHETHER THE 17,691
OBLIGOR IS IN DEFAULT UNDER A SUPPORT ORDER, THE AMOUNT OF ANY 17,692
ARREARAGES, AND ANY OTHER INFORMATION NECESSARY TO ENABLE THE 17,693
401
COURT OR AGENCY TO IMPOSE ANY WITHHOLDING OR DEDUCTION 17,694
REQUIREMENTS AND ISSUE THE RELATED NOTICES DESCRIBED IN SECTION 17,695
3121.03 OF THE REVISED CODE OR TO ISSUE ANY COURT ORDERS 17,697
DESCRIBED IN DIVISION (C) OR (D) OF SECTION 3121.03 OF THE 17,698
REVISED CODE. THE AGENCY SHALL ALSO CONDUCT AN INVESTIGATION 17,699
UNDER THIS SECTION WHEN REQUIRED BY SECTION 3119.80 OR 3119.81 OF 17,700
THE REVISED CODE AND SHALL COMPLETE THE INVESTIGATION WITHIN 17,701
TWENTY DAYS AFTER THE COURT ORDERS THE INVESTIGATION UNDER 17,704
SECTION 3119.81 OF THE REVISED CODE. 17,705
Sec. 3123.03. (A) AS USED IN THIS SECTION, "PERIOD OF 17,707
DEFAULT" MEANS THE TIME PERIOD BEGINNING ON THE DATE A DEFAULT 17,708
UNDER A SUPPORT ORDER IS IDENTIFIED AND ENDING ON THE DATE THE 17,709
TOTAL ARREARAGE AMOUNT OWED BECAUSE OF THE DEFAULT UNDER THE 17,710
ORDER IS PAID.
(B) WITHIN FIFTEEN CALENDAR DAYS AFTER THE IDENTIFICATION 17,712
OF A DEFAULT UNDER A SUPPORT ORDER, THE CHILD SUPPORT ENFORCEMENT 17,713
AGENCY SHALL SEND ADVANCE NOTICE TO THE OBLIGOR IF THE DEFAULT 17,714
OCCURS PRIOR TO THE DATE THE OFFICE OF CHILD SUPPORT IN THE 17,715
DEPARTMENT OF JOB AND FAMILY SERVICES AUTHORIZES CENTRALIZED 17,717
COLLECTION AND DISBURSEMENT OF SUPPORT AMOUNTS UNDER THE SUPPORT 17,718
ORDER IN DEFAULT. ON AND AFTER THAT DATE, THE OFFICE SHALL SEND 17,719
THE ADVANCE NOTICE TO THE OBLIGOR. THE AGENCY OR OFFICE, AS 17,720
APPROPRIATE, SHALL SEND THE ADVANCE NOTICE TO THE OBLIGOR ONLY 17,721
ONCE FOR EACH PERIOD OF DEFAULT. THE ADVANCE NOTICE SHALL 17,722
INCLUDE A NOTICE DESCRIBING THE ACTIONS THAT MAY BE TAKEN AGAINST 17,723
THE OBLIGOR IF THE COURT OR AGENCY MAKES A FINAL AND ENFORCEABLE 17,725
DETERMINATION THAT THE OBLIGOR IS IN DEFAULT. IF THE LOCATION OF 17,726
THE OBLIGOR IS UNKNOWN AT THE TIME OF THE IDENTIFICATION OF A 17,727
DEFAULT UNDER THE SUPPORT ORDER, THE AGENCY OR OFFICE, AS 17,728
APPROPRIATE, SHALL SEND THE ADVANCE NOTICE TO THE OBLIGOR WITHIN 17,729
FIFTEEN DAYS AFTER THE AGENCY LOCATES THE OBLIGOR.
(C) AN ADVANCE NOTICE TO AN OBLIGOR REQUIRED BY THIS 17,732
SECTION SHALL CONTAIN ALL OF THE FOLLOWING:
(1) A STATEMENT OF THE DATE ON WHICH THE ADVANCE NOTICE IS 17,734
402
SENT, A STATEMENT THAT THE OBLIGOR IS IN DEFAULT UNDER A SUPPORT 17,735
ORDER, THE AMOUNT OF ARREARAGES OWED BY THE OBLIGOR DUE TO THE 17,736
DEFAULT AS DETERMINED BY THE COURT OR THE CHILD SUPPORT 17,737
ENFORCEMENT AGENCY, THE TYPES OF WITHHOLDING OR DEDUCTION 17,738
REQUIREMENTS AND RELATED NOTICES DESCRIBED IN SECTION 3121.03 OF 17,739
THE REVISED CODE OR THE TYPES OF COURT ORDERS DESCRIBED IN 17,741
SECTIONS 3121.03, 3121.04 TO 3121.08, AND 3121.12 OF THE REVISED 17,742
CODE THAT WILL BE ISSUED TO PAY SUPPORT AND ANY ARREARAGES, AND 17,744
THE AMOUNT THAT WILL BE WITHHELD OR DEDUCTED PURSUANT TO THOSE 17,745
REQUIREMENTS;
(2) A STATEMENT THAT ANY NOTICE FOR THE WITHHOLDING OR 17,747
DEDUCTION OF AN AMOUNT FROM INCOME OR ASSETS APPLY TO ALL CURRENT 17,749
AND SUBSEQUENT PAYORS OF THE OBLIGOR AND FINANCIAL INSTITUTIONS 17,751
IN WHICH THE OBLIGOR HAS AN ACCOUNT AND THAT ANY WITHHOLDING OR 17,752
DEDUCTION REQUIREMENT AND RELATED NOTICE DESCRIBED IN SECTION 17,753
3121.03 OF THE REVISED CODE OR ANY COURT ORDER DESCRIBED IN 17,755
SECTIONS 3121.03, 3121.04 TO 3121.08, AND 3121.12 OF THE REVISED 17,757
CODE THAT IS ISSUED WILL NOT BE DISCONTINUED SOLELY BECAUSE THE 17,759
OBLIGOR PAYS ANY ARREARAGES;
(3) AN EXPLANATION OF THE ADMINISTRATIVE AND COURT ACTION 17,761
THAT WILL TAKE PLACE IF THE OBLIGOR CONTESTS THE INCLUSION OF ANY 17,762
OF THE PROVISIONS; 17,763
(4) A STATEMENT THAT THE CONTENTS OF THE ADVANCE NOTICE 17,765
ARE FINAL AND ARE ENFORCEABLE BY THE COURT UNLESS THE OBLIGOR 17,766
FILES WITH THE CHILD SUPPORT ENFORCEMENT AGENCY, WITHIN SEVEN 17,767
DAYS AFTER THE DATE ON WHICH THE ADVANCE NOTICE IS SENT, A 17,768
WRITTEN REQUEST FOR AN ADMINISTRATIVE HEARING TO DETERMINE 17,769
WHETHER A MISTAKE OF FACT WAS MADE IN THE NOTICE. 17,770
Sec. 3123.031. THE DEPARTMENT OF JOB AND FAMILY SERVICES 17,772
SHALL ADOPT STANDARD FORMS FOR THE ADVANCE NOTICE. ALL COURTS 17,774
AND CHILD SUPPORT ENFORCEMENT AGENCIES SHALL USE THOSE FORMS, AND 17,775
THE SUPPORT WITHHOLDING AND DEDUCTION NOTICE FORMS ADOPTED UNDER 17,776
SECTION 3121.0310 OF THE REVISED CODE, IN COMPLYING WITH THIS 17,777
CHAPTER.
403
Sec. 3123.04. IF THE OBLIGOR REQUESTS A HEARING REGARDING 17,779
THE ADVANCE NOTICE IN ACCORDANCE WITH DIVISION (C)(4) OF SECTION 17,781
3123.03 OF THE REVISED CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY
SHALL CONDUCT AN ADMINISTRATIVE HEARING NO LATER THAN TEN DAYS 17,782
AFTER THE DATE ON WHICH THE OBLIGOR FILES THE REQUEST FOR THE 17,783
HEARING. NO LATER THAN FIVE DAYS BEFORE THE DATE ON WHICH THE 17,784
HEARING IS TO BE CONDUCTED, THE AGENCY SHALL SEND THE OBLIGOR AND 17,785
THE OBLIGEE WRITTEN NOTICE OF THE DATE, TIME, PLACE, AND PURPOSE 17,786
OF THE HEARING. THE NOTICE TO THE OBLIGOR AND OBLIGEE ALSO SHALL 17,787
INDICATE THAT THE OBLIGOR MAY PRESENT TESTIMONY AND EVIDENCE AT 17,788
THE HEARING ONLY IN REGARD TO THE ISSUE OF WHETHER A MISTAKE OF 17,789
FACT WAS MADE IN THE ADVANCE NOTICE. 17,790
AT THE HEARING, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL 17,792
DETERMINE WHETHER A MISTAKE OF FACT WAS MADE IN THE ADVANCE 17,793
NOTICE. IF IT DETERMINES THAT A MISTAKE OF FACT WAS MADE, THE 17,794
AGENCY SHALL DETERMINE THE PROVISIONS THAT SHOULD BE CHANGED AND 17,795
INCLUDED IN A CORRECTED NOTICE AND SHALL CORRECT THE ADVANCE 17,796
NOTICE ACCORDINGLY. THE AGENCY SHALL SEND ITS DETERMINATIONS TO 17,797
THE OBLIGOR. THE AGENCY'S DETERMINATIONS ARE FINAL AND ARE 17,798
ENFORCEABLE BY THE COURT UNLESS, WITHIN SEVEN DAYS AFTER THE 17,799
AGENCY MAKES ITS DETERMINATIONS, THE OBLIGOR FILES A WRITTEN 17,800
MOTION WITH THE COURT FOR A COURT HEARING TO DETERMINE WHETHER A 17,801
MISTAKE OF FACT STILL EXISTS IN THE ADVANCE NOTICE OR CORRECTED 17,802
ADVANCE NOTICE. 17,803
Sec. 3123.05. IF, WITHIN SEVEN DAYS AFTER THE AGENCY MAKES 17,805
ITS DETERMINATIONS UNDER SECTION 3123.04 OF THE REVISED CODE, THE 17,806
OBLIGOR FILES A WRITTEN MOTION FOR A COURT HEARING TO DETERMINE 17,807
WHETHER A MISTAKE OF FACT STILL EXISTS IN THE ADVANCE NOTICE OR 17,808
THE CORRECTED ADVANCE NOTICE, THE COURT SHALL HOLD A HEARING ON 17,809
THE REQUEST AS SOON AS POSSIBLE, BUT NO LATER THAN TEN DAYS, 17,810
AFTER THE REQUEST IS FILED. IF THE OBLIGOR REQUESTS A COURT 17,811
HEARING, NO LATER THAN FIVE DAYS BEFORE THE DATE ON WHICH THE 17,812
COURT HEARING IS TO BE HELD, THE COURT SHALL SEND THE OBLIGOR AND 17,813
THE OBLIGEE WRITTEN NOTICE BY REGULAR MAIL OF THE DATE, TIME, 17,814
404
PLACE, AND PURPOSE OF THE COURT HEARING. THE HEARING SHALL BE 17,815
LIMITED TO A DETERMINATION OF WHETHER THERE IS A MISTAKE OF FACT 17,816
IN THE ADVANCE NOTICE OR THE CORRECTED ADVANCE NOTICE. 17,817
IF, AT A HEARING CONDUCTED UNDER THIS SECTION, THE COURT 17,819
DETECTS A MISTAKE OF FACT IN THE ADVANCE NOTICE OR THE CORRECTED 17,820
ADVANCE NOTICE, IT SHALL IMMEDIATELY CORRECT THE NOTICE. 17,821
Sec. 3123.06. ON EXHAUSTION OF ALL RIGHTS OF THE OBLIGOR 17,823
TO CONTEST THE WITHHOLDING OR DEDUCTION ON THE BASIS OF A MISTAKE 17,824
OF FACT AND NO LATER THAN THE EXPIRATION OF FORTY-FIVE DAYS AFTER 17,825
THE ISSUANCE OF THE ADVANCE NOTICE UNDER SECTION 3123.03 OF THE 17,826
REVISED CODE, THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY SHALL 17,827
ISSUE ONE OR MORE NOTICES REQUIRING WITHHOLDING OR DEDUCTION OF 17,828
INCOME OR ASSETS OF THE OBLIGOR IN ACCORDANCE WITH SECTION 17,830
3121.03 OF THE REVISED CODE, OR THE COURT SHALL ISSUE ONE OR MORE 17,831
COURT ORDERS IMPOSING OTHER APPROPRIATE REQUIREMENTS IN
ACCORDANCE WITH SECTIONS 3121.03, 3121.035, 3121.04 TO 3121.08, 17,832
AND 3121.12 OF THE REVISED CODE. 17,833
Sec. 3123.061. WHEN A SUPPORT ORDER HAS BEEN ISSUED, THE 17,835
CHILD SUPPORT ENFORCEMENT AGENCY SHALL INITIATE SUPPORT 17,836
WITHHOLDING WHEN THE ORDER IS IN DEFAULT. 17,837
Sec. 3123.062. THE FAILURE OF THE COURT OR CHILD SUPPORT 17,839
ENFORCEMENT AGENCY TO GIVE THE NOTICE REQUIRED BY SECTION 3123.06 17,841
OF THE REVISED CODE DOES NOT AFFECT THE ABILITY OF ANY COURT TO
ISSUE ANY NOTICE OR ORDER FOR THE PAYMENT OF SUPPORT, DOES NOT 17,842
PROVIDE ANY DEFENSE TO ANY NOTICE OR ORDER FOR THE PAYMENT OF 17,843
SUPPORT, AND DOES NOT AFFECT ANY OBLIGATION TO PAY SUPPORT. 17,844
Sec. 3123.07. IF AN ORDER IN DEFAULT IS A COURT SUPPORT 17,846
ORDER ISSUED PRIOR TO DECEMBER 31, 1993, OR AN ADMINISTRATIVE 17,847
CHILD SUPPORT ORDER, THE COURT THAT ISSUED THE ORDER, OR IN THE 17,848
CASE OF AN ADMINISTRATIVE CHILD SUPPORT ORDER, THE COMMON PLEAS 17,849
COURT OF THE COUNTY OF THE AGENCY THAT ISSUED THE ORDER, SHALL 17,850
REISSUE THE ORDER AND INCLUDE IN THE REISSUED SUPPORT ORDER A 17,851
GENERAL PROVISION AS DESCRIBED IN SECTION 3123.071 OF THE REVISED 17,852
CODE REQUIRING THE WITHHOLDING OR DEDUCTION OF INCOME OR ASSETS 17,853
405
OF THE OBLIGOR IN ACCORDANCE WITH SECTION 3121.03 OF THE REVISED 17,855
CODE OR REQUIRING THE ISSUANCE OF A COURT ORDER CONTAINING 17,856
ANOTHER TYPE OF APPROPRIATE REQUIREMENT IN ACCORDANCE WITH 17,857
SECTION 3121.03, 3121.04, 3121.05, 3121.06, OR 3121.12 OF THE 17,858
REVISED CODE TO ENSURE THAT WITHHOLDING OR DEDUCTION FROM THE 17,859
INCOME OR ASSETS IS AVAILABLE FOR THE COLLECTION OF CURRENT 17,860
SUPPORT AND ANY ARREARAGES THAT OCCUR. IF THE SUPPORT WAS 17,861
ORDERED PURSUANT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER THAT 17,863
INCLUDES A GENERAL PROVISION SIMILAR TO THE ONE DESCRIBED IN 17,864
SECTION 3123.071 OF THE REVISED CODE, THE COURT SHALL REPLACE THE 17,865
SIMILAR GENERAL PROVISION WITH THE GENERAL PROVISION DESCRIBED IN 17,866
THAT SECTION. EXCEPT FOR THE INCLUSION OR REPLACEMENT OF THE 17,867
GENERAL PROVISION, THE PROVISIONS OF THE REISSUED ORDER SHALL BE 17,868
IDENTICAL TO THOSE OF THE SUPPORT ORDER UNDER WHICH THERE HAS 17,869
BEEN A DEFAULT.
Sec. 3123.071. THE GENERAL PROVISION FOR THE WITHHOLDING 17,872
OR DEDUCTION OF INCOME OR ASSETS TO BE INCLUDED IN A REISSUED 17,873
SUPPORT ORDER SPECIFICALLY SHALL INCLUDE THE FOLLOWING STATEMENT: 17,874
"ALL SUPPORT UNDER THIS ORDER SHALL BE WITHHELD OR DEDUCTED 17,876
FROM THE INCOME OR ASSETS OF THE OBLIGOR PURSUANT TO A 17,877
WITHHOLDING OR DEDUCTION NOTICE OR APPROPRIATE COURT ORDER ISSUED 17,878
IN ACCORDANCE WITH CHAPTERS 3119., 3121., 3123., AND 3125. OF THE 17,879
REVISED CODE OR A WITHDRAWAL DIRECTIVE ISSUED PURSUANT TO 17,880
SECTIONS 3123.24 TO 3123.38 OF THE REVISED CODE AND SHALL BE 17,881
FORWARDED TO THE OBLIGEE IN ACCORDANCE WITH CHAPTERS 3119., 17,882
3121., 3123., AND 3125. OF THE REVISED CODE." 17,883
Sec. 3123.10. IF ANY OF THE FOLLOWING OCCURS, THE COURT 17,885
SHALL NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY: 17,886
(A) THE COURT IS REQUIRED TO ISSUE A WITHHOLDING OR 17,888
DEDUCTION NOTICE UNDER SECTION 3121.03 OF THE REVISED CODE OR TO 17,889
ISSUE A COURT ORDER DESCRIBED IN DIVISION (C) OR (D) OF THAT 17,891
SECTION AND FAILS TO DO SO. 17,892
(B) THE COURT ISSUED AN ORDER UNDER DIVISION (B)(1) OF 17,894
FORMER SECTION 3113.21 OF THE REVISED CODE, AS IT EXISTED 17,895
406
IMMEDIATELY PRECEDING DECEMBER 1, 1986, OR ISSUES A WITHHOLDING 17,897
OR DEDUCTION NOTICE UNDER SECTION 3121.03 OF THE REVISED CODE OR 17,898
ISSUES A COURT ORDER DESCRIBED IN DIVISION (C) OR (D) OF THAT 17,899
SECTION AND THE COURT DETERMINES THAT THE ORDER OR WITHHOLDING OR 17,900
DEDUCTION NOTICE WILL NOT ENSURE PAYMENT OF THE SUPPORT DUE UNDER 17,901
THE CHILD SUPPORT ORDER. 17,902
(C) THE OBLIGOR FAILS AFTER THE ISSUANCE OF A NOTICE OR 17,904
COURT ORDER UNDER SECTION 3121.03 OF THE REVISED CODE TO COMPLY 17,905
WITH THE NOTICE OR COURT ORDER.
Sec. 3123.11. ON RECEIPT OF NOTICE UNDER SECTION 3123.10 17,907
OF THE REVISED CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL 17,909
NOTIFY THE OBLIGEE OF THE DEFAULT, OF THE OBLIGEE'S RIGHTS AND 17,910
REMEDIES, AND THAT THE AGENCY IS RESPONSIBLE FOR ENFORCING 17,911
SUPPORT ORDERS UNDER SECTION 3125.11 OF THE REVISED CODE, TITLE 17,912
IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42 17,914
U.S.C. 651 ET SEQ., AS AMENDED, AND CHAPTER 3125. OF THE REVISED 17,915
CODE. THE NOTICE SHALL CONTAIN A PRINTED EXPLANATION OF THE 17,916
PROVISIONS OF THE REVISED CODE GOVERNING THE OBLIGEE'S RIGHTS AND
REMEDIES. 17,917
Sec. 3123.12. NO CHILD SUPPORT ENFORCEMENT AGENCY, SOLELY 17,919
BECAUSE THE SUPPORT DUE UNDER A SUPPORT ORDER HAS NOT BEEN PAID 17,920
OR HAS NOT BEEN PAID PERIODICALLY OR RECENTLY, SHALL CONSIDER, 17,921
LIST, OR OTHERWISE ADMINISTER THE SUPPORT ORDER OR THE CASE 17,922
PERTAINING TO IT AS IF EITHER WERE CLOSED OR CLOSE THE FILES OR 17,923
THE CASE PERTAINING TO THE SUPPORT ORDER. 17,924
Sec. 3123.121. THE DIRECTOR OF JOB AND FAMILY SERVICES 17,927
SHALL ADOPT, REVISE, OR AMEND RULES UNDER CHAPTER 119. OF THE 17,928
REVISED CODE TO ASSIST IN THE IMPLEMENTATION OF SECTION 3123.12 17,929
OF THE REVISED CODE.
Sec. 3123.13. NO WITHHOLDING OR DEDUCTION NOTICE OR OTHER 17,931
APPROPRIATE ORDER DESCRIBED IN SECTION 3121.03 OF THE REVISED 17,932
CODE AND ISSUED UNDER THE REVISED CODE SHALL BE TERMINATED SOLELY 17,934
BECAUSE THE OBLIGOR PAYS ANY PART OR ALL OF THE ARREARAGES UNDER 17,935
THE SUPPORT ORDER.
407
Sec. 3123.14. IF A CHILD SUPPORT ORDER IS TERMINATED FOR 17,937
ANY REASON, THE OBLIGOR UNDER THE CHILD SUPPORT ORDER IS OR WAS 17,938
AT ANY TIME IN DEFAULT UNDER THE SUPPORT ORDER AND, AFTER THE 17,939
TERMINATION OF THE ORDER, THE OBLIGOR OWES AN ARREARAGE UNDER THE 17,940
ORDER, THE OBLIGEE MAY MAKE APPLICATION TO THE CHILD SUPPORT 17,941
ENFORCEMENT AGENCY THAT ADMINISTERED THE CHILD SUPPORT ORDER 17,942
PRIOR TO ITS TERMINATION OR HAD AUTHORITY TO ADMINISTER THE CHILD 17,943
SUPPORT ORDER TO MAINTAIN ANY ACTION OR PROCEEDING ON BEHALF OF 17,944
THE OBLIGEE TO OBTAIN A JUDGMENT, EXECUTION OF A JUDGMENT THROUGH 17,946
ANY AVAILABLE PROCEDURE, AN ORDER, OR OTHER RELIEF. IF A 17,947
WITHHOLDING OR DEDUCTION NOTICE IS ISSUED PURSUANT TO SECTION 17,949
3121.03 OF THE REVISED CODE TO COLLECT AN ARREARAGE, THE AMOUNT 17,950
WITHHELD OR DEDUCTED FROM THE OBLIGOR'S PERSONAL EARNINGS, 17,951
INCOME, OR ACCOUNTS SHALL BE AT LEAST EQUAL TO THE AMOUNT THAT 17,952
WAS WITHHELD OR DEDUCTED UNDER THE TERMINATED CHILD SUPPORT
ORDER.
Sec. 3123.15. AN ACTION OR PROCEEDING ON BEHALF OF THE 17,954
OBLIGEE SHALL BE COMMENCED BY THE CHILD SUPPORT ENFORCEMENT 17,955
AGENCY AS REQUIRED BY SECTION 3123.14 OF THE REVISED CODE WITHIN 17,956
TWENTY DAYS AFTER COMPLETION OF AN APPLICATION BY THE OBLIGEE. 17,958
Sec. 2301.39 3123.16. (A) Any order issued under section 17,968
2301.37 or 2301.38 3123.14 of the Revised Code shall be payable 17,970
at least monthly.
(B) No employer shall discharge an employee for reason of 17,972
any order issued under section 2301.37, 2301.38, or 3113.21 of 17,973
the Revised Code.
Sec. 3113.219 3123.17. (A) On or after July 1, 1992, when 17,983
WHEN a court issues or modifies a COURT support order under 17,984
Chapter 3115. or section 2151.23, 2151.231, 2151.232, 2151.33, 17,985
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 17,986
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code or in 17,987
any proceeding in which a court determines the amount of support 17,988
to be paid pursuant to a support order, the court shall determine 17,989
the date the obligor failed to pay the support required under the 17,990
408
support order and the amount of support the obligor failed to 17,991
pay. If FOLLOWING:
(1) WHETHER THE OBLIGOR IS IN DEFAULT UNDER A PRIOR COURT 17,993
SUPPORT ORDER OR THE COURT SUPPORT ORDER BEING MODIFIED; 17,994
(2) IF THE OBLIGOR IS IN DEFAULT, THE DATE THE COURT 17,996
SUPPORT ORDER WENT INTO DEFAULT AND THE AMOUNT OF SUPPORT 17,998
ARREARAGES OWED PURSUANT TO THE DEFAULT.
IF the court determines the obligor has failed at any time 18,001
to comply with IS IN DEFAULT UNDER a support order, the court 18,002
shall issue a new order requiring the obligor to pay support. If 18,003
the court determines that the failure to pay DEFAULT was willful, 18,005
the court shall assess interest on the ARREARAGE amount of 18,006
support the obligor failed to pay from the date the court 18,008
specifies as the original date the obligor failed to comply with 18,009
the order requiring the payment of support OF DEFAULT to the date 18,010
the court issues the new order requiring the payment of support 18,012
and shall compute the interest at the rate specified in division 18,013
(A) of section 1343.03 of the Revised Code. The court shall 18,014
specify in the support order the amount of interest the court 18,015
assessed against the obligor and incorporate the amount of 18,016
interest into the new monthly payment plan.
(B) On or after July 1, 1992, when WHEN a court issues or 18,018
modifies a COURT support order under Chapter 3115. or section 18,019
2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 18,021
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 18,022
of the Revised Code or in any proceeding in which a court 18,023
determines the amount of support to be paid pursuant to a support 18,024
order, the court may include in the support order a statement 18,025
ordering either party to pay the costs of the action, including, 18,026
but not limited to, attorney's fees, fees for genetic tests in 18,027
contested actions under sections 3111.01 to 3111.19 3111.18 of 18,028
the Revised Code, and court costs. 18,029
Sec. 3113.2110 3123.18. Whenever an obligor fails to make 18,038
any payment required by a child support order, the obligee or a 18,040
409
child support enforcement agency acting on behalf of the obligee 18,041
may bring an action in the court of common pleas that issued the 18,042
support order to obtain a judgment on the unpaid amount. Any
judgment obtained under this section may be enforced in the same 18,043
manner as any other judgment of a court of this state. 18,044
Sec. 3123.19. IF CHILD SUPPORT ARREARAGES ARE OWED BY AN 18,046
OBLIGOR TO THE OBLIGEE AND TO THE DEPARTMENT OF JOB AND FAMILY 18,047
SERVICES, ANY PAYMENTS RECEIVED ON THE ARREARAGES BY THE OFFICE 18,049
OF CHILD SUPPORT SHALL BE PAID IN ACCORDANCE WITH TITLE IV-D OF 18,050
THE "SOCIAL SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 651 ET SEQ., 18,052
AS AMENDED, AND RULES ADOPTED BY THE DIRECTOR OF JOB AND FAMILY 18,053
SERVICES.
IF AN OBLIGOR IS IN DEFAULT UNDER A SUPPORT ORDER AND HAS A 18,056
CLAIM AGAINST ANOTHER PERSON OF MORE THAN ONE THOUSAND DOLLARS, 18,057
THE OBLIGOR SHALL NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY OF 18,058
THE CLAIM, THE NATURE OF THE CLAIM, AND THE NAME OF THE PERSON 18,059
AGAINST WHOM THE CLAIM EXISTS. IF AN OBLIGOR IS IN DEFAULT UNDER 18,060
A SUPPORT ORDER AND HAS A CLAIM AGAINST ANOTHER PERSON OR IS A 18,061
PARTY IN AN ACTION FOR ANY JUDGMENT, THE CHILD SUPPORT 18,062
ENFORCEMENT AGENCY OR THE AGENCY'S ATTORNEY, ON BEHALF OF THE 18,063
OBLIGOR, IMMEDIATELY SHALL FILE WITH THE COURT IN WHICH THE
ACTION IS PENDING A MOTION TO INTERVENE IN THE ACTION OR A 18,064
CREDITOR'S BILL. THE MOTION TO INTERVENE SHALL BE PREPARED AND 18,065
FILED PURSUANT TO CIVIL RULES 5 AND 24(A) AND (C). 18,067
NOTHING IN THIS DIVISION SHALL PRECLUDE AN OBLIGEE FROM 18,069
FILING A MOTION TO INTERVENE IN ANY ACTION OR A CREDITOR'S BILL. 18,070
Sec. 3123.20. NO EMPLOYER SHALL DISCHARGE AN EMPLOYEE FOR 18,072
REASON OF ANY ORDER ISSUED UNDER THE REVISED CODE TO COLLECT 18,073
SUPPORT DUE FROM THE EMPLOYEE UNDER A SUPPORT ORDER. 18,074
Sec. 3123.21. A WITHHOLDING OR DEDUCTION NOTICE DESCRIBED 18,076
IN SECTION 3121.03 OF THE REVISED CODE OR AN ORDER TO COLLECT 18,077
CURRENT SUPPORT DUE UNDER A SUPPORT ORDER AND ANY ARREARAGE OWED 18,078
BY THE OBLIGOR UNDER A SUPPORT ORDER PERTAINING TO THE SAME CHILD 18,079
OR SPOUSE SHALL REQUIRE THAT THE ARREARAGE AMOUNT COLLECTED WITH
410
EACH PAYMENT OF CURRENT SUPPORT EQUAL AT LEAST TWENTY PER CENT OF 18,080
THE CURRENT SUPPORT PAYMENT UNLESS, FOR GOOD CAUSE SHOWN, A 18,081
LESSER ARREARAGE AMOUNT IS REQUIRED TO BE COLLECTED. 18,082
FOR PURPOSES OF THIS SECTION, "GOOD CAUSE" INCLUDES A 18,084
CHANGE IN THE OBLIGOR'S CIRCUMSTANCES THAT WOULD MAKE PAYMENT OF 18,085
CURRENT SUPPORT AND PAYMENT OF THE ARREARAGE IN AN AMOUNT EQUAL 18,086
TO AT LEAST TWENTY PER CENT OF THE CURRENT SUPPORT PAYMENT A 18,087
HARDSHIP ON THE OBLIGOR. "GOOD CAUSE" EXISTS IF THE AMOUNT OF 18,088
EACH CURRENT SUPPORT PAYMENT AND ARREARAGE AMOUNT WOULD EXCEED 18,089
THE MAXIMUM AMOUNT PERMITTED TO BE WITHHELD FROM THE OBLIGOR 18,090
UNDER SECTION 303(b) OF THE "CONSUMER CREDIT PROTECTION ACT," 15 18,092
U.S.C. 1673(b). 18,093
Sec. 3123.22. EXCEPT AS OTHERWISE PROVIDED IN THIS 18,095
SECTION, IF AN OBLIGOR IS PAYING OFF AN ARREARAGE OWED UNDER A 18,096
SUPPORT ORDER PURSUANT TO A WITHHOLDING OR DEDUCTION NOTICE OR 18,097
ORDER ISSUED UNDER SECTION 3121.03 OF THE REVISED CODE, A SUPPORT 18,098
ORDER NEWLY ISSUED OR MODIFIED, OR ANY OTHER ORDER ISSUED TO 18,100
COLLECT THE ARREARAGE, THE CHILD SUPPORT ENFORCEMENT AGENCY 18,101
ADMINISTERING THE NOTICE OR ORDER MAY ALSO DO THE FOLLOWING TO 18,102
COLLECT ANY ARREARAGE AMOUNT THAT HAS NOT YET BEEN COLLECTED
UNDER THE NOTICE OR ORDER: 18,103
(A) ISSUE ONE OR MORE WITHHOLDING OR DEDUCTION NOTICES 18,105
UNDER SECTION 3121.03 OF THE REVISED CODE; 18,106
(B) COLLECT PURSUANT TO SECTION 3121.12 OF THE REVISED 18,108
CODE A LUMP SUM PAYMENT OWED TO THE OBLIGOR; 18,109
(C) COLLECT PURSUANT TO SECTIONS 3123.81 TO 3123.823 OF 18,111
THE REVISED CODE ANY FEDERAL OR STATE INCOME TAX REFUND OWED TO 18,112
THE OBLIGOR;
(D) ISSUE A WITHDRAWAL DIRECTIVE PURSUANT TO SECTIONS 18,114
3123.24 TO 3123.38 OF THE REVISED CODE; 18,115
(E) OBTAIN ADMINISTRATIVE OFFSET PURSUANT TO SECTION 18,117
3123.85 OF THE REVISED CODE. 18,118
THIS SECTION APPLIES ONLY TO SUPPORT ORDERS ISSUED ON OR 18,120
AFTER THE EFFECTIVE DATE OF THIS SECTION UNDER WHICH ARREARAGES 18,121
411
HAVE ARISEN ON OR AFTER THAT DATE. 18,122
Sec. 3123.24. FOR THE PURPOSES OF SECTIONS 3123.24 TO 18,124
3123.38 OF THE REVISED CODE, "ACCESS RESTRICTION" MEANS THAT 18,125
FUNDS MAY NOT BE WITHDRAWN OR TRANSFERRED.
Sec. 3123.25. (A) IF, AS A RESULT OF INFORMATION OBTAINED 18,128
PURSUANT TO AN AGREEMENT UNDER SECTION 3121.74 OF THE REVISED 18,129
CODE, THE OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF JOB AND 18,130
FAMILY SERVICES FINDS OR RECEIVES NOTICE THAT IDENTIFIES AN 18,131
OBLIGOR IN DEFAULT WHO MAINTAINS AN ACCOUNT WITH A FINANCIAL 18,132
INSTITUTION, THE OFFICE SHALL, WITHIN ONE BUSINESS DAY, ENTER THE 18,133
INFORMATION INTO THE CASE REGISTRY ESTABLISHED PURSUANT TO 18,134
SECTION 3121.81 OF THE REVISED CODE.
(B) IF A CHILD SUPPORT ENFORCEMENT AGENCY, AFTER EXAMINING 18,137
THE CASE REGISTRY, DETERMINES THAT AN OBLIGOR IN DEFAULT UNDER A 18,139
SUPPORT ORDER ADMINISTERED BY THE AGENCY MAINTAINS AN ACCOUNT IN
A FINANCIAL INSTITUTION, THE AGENCY SHALL DETERMINE WHETHER THE 18,141
OBLIGOR IS SUBJECT TO A FINAL AND ENFORCEABLE DETERMINATION OF 18,142
DEFAULT MADE UNDER SECTIONS 3123.03 TO 3123.071 OF THE REVISED 18,143
CODE. IF THE OBLIGOR IS SUBJECT TO A FINAL AND ENFORCEABLE 18,144
DETERMINATION OF DEFAULT, THE AGENCY MAY ISSUE AN ACCESS 18,145
RESTRICTION NOTICE TO THE FINANCIAL INSTITUTION IN WHICH THE 18,146
OBLIGOR'S ACCOUNT IS MAINTAINED.
Sec. 3123.26. A FINANCIAL INSTITUTION SHALL PROMPTLY PLACE 18,148
AN ACCESS RESTRICTION ON THE ACCOUNT OF AN OBLIGOR WHO MAINTAINS 18,151
AN ACCOUNT AT THE FINANCIAL INSTITUTION UPON RECEIPT OF AN ACCESS 18,152
RESTRICTION NOTICE WITH RESPECT TO THE OBLIGOR FROM THE CHILD 18,153
SUPPORT ENFORCEMENT AGENCY. THE ACCESS RESTRICTION SHALL REMAIN 18,154
ON THE ACCOUNT UNTIL THE FINANCIAL INSTITUTION COMPLIES WITH A 18,156
WITHDRAWAL DIRECTIVE UNDER SECTION 3123.37 OF THE REVISED CODE OR 18,157
A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY ORDERS THE FINANCIAL 18,158
INSTITUTION TO REMOVE THE ACCESS RESTRICTION. A COPY OF THE 18,160
ACCESS RESTRICTION NOTICE SHALL BE SENT TO THE OBLIGOR AT THE
SAME TIME IT IS SENT TO THE FINANCIAL INSTITUTION. 18,162
Sec. 3123.27. THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL, 18,164
412
NO LATER THAN FIVE BUSINESS DAYS AFTER INFORMATION IS ENTERED 18,165
INTO THE CASE REGISTRY UNDER SECTION 3123.25 OF THE REVISED CODE, 18,166
INVESTIGATE AND DETERMINE THE AMOUNT OF FUNDS IN THE ACCOUNT THAT 18,168
IS AVAILABLE TO SATISFY THE OBLIGOR'S ARREARAGES UNDER A SUPPORT
ORDER. THE FINANCIAL INSTITUTION SHALL COOPERATE WITH THE 18,169
AGENCY'S INVESTIGATION. 18,170
Sec. 3123.28. IF A CHILD SUPPORT ENFORCEMENT AGENCY THAT 18,172
COMPLETES AN ACCOUNT INVESTIGATION DOES NOT FIND THAT ANY PERSON 18,173
OTHER THAN THE OBLIGOR HAS AN OWNERSHIP INTEREST IN THE ACCOUNT, 18,174
IT SHALL ISSUE A WITHDRAWAL DIRECTIVE PURSUANT TO SECTION 3123.37 18,175
OF THE REVISED CODE.
Sec. 3123.29. IF A CHILD SUPPORT ENFORCEMENT AGENCY FINDS 18,177
THAT A PERSON OTHER THAN AN OBLIGOR HAS AN OWNERSHIP INTEREST IN 18,179
AN ACCOUNT, THE AGENCY SHALL SEND WRITTEN NOTICE BY FIRST-CLASS 18,180
MAIL TO THAT PERSON AT AN ADDRESS FOR THAT PERSON CONTAINED IN 18,181
RECORDS OF THE FINANCIAL INSTITUTION, EXCEPT THAT IF THE ADDRESS 18,182
OF THAT PERSON IS NOT CONTAINED IN RECORDS OF THE FINANCIAL 18,183
INSTITUTION, THE AGENCY SHALL SEND THE NOTICE TO THAT PERSON IN 18,184
CARE OF ANOTHER PERSON WHOSE ADDRESS IS CONTAINED IN RECORDS OF 18,185
THE FINANCIAL INSTITUTION CONCERNING THE ACCOUNT. 18,186
Sec. 3123.30. THE NOTICE SENT UNDER SECTION 3123.29 OF THE 18,188
REVISED CODE SHALL CONTAIN BOTH OF THE FOLLOWING: 18,189
(A) A STATEMENT OF THE DATE THE NOTICE IS SENT, THAT 18,192
ANOTHER OF THE ACCOUNT HOLDERS IS AN OBLIGOR UNDER A SUPPORT
ORDER, THE NAME OF THE OBLIGOR, THAT THE SUPPORT ORDER IS IN 18,193
DEFAULT, THE AMOUNT OF THE ARREARAGE OWED BY THE OBLIGOR AS 18,194
DETERMINED BY THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY, THE 18,195
AMOUNT THAT WILL BE WITHDRAWN, THE TYPE OF ACCOUNT FROM WHICH THE 18,197
AMOUNT WILL BE WITHDRAWN, AND THE NAME OF THE FINANCIAL
INSTITUTION FROM WHICH THE AMOUNT WILL BE WITHDRAWN; 18,198
(B) A STATEMENT THAT THE PERSON MAY OBJECT TO THE 18,200
WITHDRAWAL BY FILING WITH THE AGENCY, NO LATER THAN TEN DAYS 18,201
AFTER THE DATE ON WHICH THE NOTICE IS SENT, A WRITTEN REQUEST FOR 18,203
AN ADMINISTRATIVE HEARING TO DETERMINE WHETHER ANY AMOUNT
413
CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON TO WHOM 18,204
THE NOTICE IS SENT AND SHOULD NOT BE SUBJECT TO THE WITHDRAWAL 18,205
DIRECTIVE. 18,206
Sec. 3123.31. THE PERSON TO WHOM NOTICE IS SENT UNDER 18,208
SECTION 3123.29 OF THE REVISED CODE SHALL HAVE TEN DAYS FROM THE 18,209
DATE THE NOTICE IS SENT TO OBJECT TO THE WITHDRAWAL BY FILING 18,211
WITH THE CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT THE NOTICE A
WRITTEN REQUEST FOR AN ADMINISTRATIVE HEARING TO DETERMINE 18,213
WHETHER ANY AMOUNT CONTAINED IN THE ACCOUNT IS THE PROPERTY OF 18,214
THAT PERSON AND SHOULD NOT BE SUBJECT TO THE WITHDRAWAL 18,215
DIRECTIVE.
Sec. 3123.32. IF A PERSON TO WHOM A NOTICE IS SENT UNDER 18,217
SECTION 3123.29 OF THE REVISED CODE FAILS TO FILE A TIMELY 18,218
REQUEST FOR AN ADMINISTRATIVE HEARING, THE CHILD SUPPORT 18,219
ENFORCEMENT AGENCY THAT SENT THE NOTICE SHALL SEND A WITHDRAWAL
DIRECTIVE TO THE FINANCIAL INSTITUTION PURSUANT TO SECTION 18,220
3123.37 OF THE REVISED CODE. A COPY OF THIS NOTICE SHALL BE SENT 18,221
TO THE OBLIGOR.
Sec. 3123.33. IF A PERSON WHO RECEIVED NOTICE UNDER 18,223
SECTION 3123.29 OF THE REVISED CODE REQUESTS IT IN A TIMELY 18,224
MANNER, THE CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT THE NOTICE 18,225
SHALL CONDUCT AN ADMINISTRATIVE HEARING NO LATER THAN TEN DAYS 18,227
AFTER THE DATE THE PERSON FILES THE REQUEST FOR THE HEARING. NO 18,228
LATER THAN FIVE DAYS BEFORE THE DATE THE HEARING IS TO BE 18,229
CONDUCTED, THE AGENCY SHALL SEND THE PERSON WRITTEN NOTICE OF THE 18,230
DATE, TIME, PLACE, AND PURPOSE OF THE HEARING. 18,231
AT THE HEARING, THE AGENCY SHALL DETERMINE WHETHER ANY 18,233
AMOUNT CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON WHO 18,235
FILED THE OBJECTION. THE PERSON MAY PRESENT TESTIMONY AND
EVIDENCE AT THE HEARING ONLY IN REGARD TO THE ISSUE OF WHETHER 18,236
AND HOW MUCH, IF ANY, OF THE AMOUNT CONTAINED IN THE ACCOUNT IS 18,237
THE PROPERTY OF THE PERSON AND SHOULD NOT BE SUBJECT TO 18,238
WITHDRAWAL DIRECTIVE. IF THE AGENCY DETERMINES THAT ANY AMOUNT 18,239
CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON, THE 18,240
414
AGENCY SHALL DETERMINE THAT AMOUNT. THE AGENCY SHALL SEND NOTICE 18,241
OF ITS DETERMINATION TO THE PERSON. 18,242
Sec. 3123.34. IF A CHILD SUPPORT ENFORCEMENT AGENCY 18,244
DETERMINES THAT THE TOTAL AMOUNT IN AN ACCOUNT IS THE PROPERTY OF 18,245
A PERSON WHO IS NOT THE OBLIGOR FROM WHOM PAYMENT IS SOUGHT, IT 18,246
SHALL ORDER THE FINANCIAL INSTITUTION TO RELEASE THE ACCESS 18,247
RESTRICTION ON THE ACCOUNT AND SHALL TAKE NO FURTHER ENFORCEMENT 18,248
ACTION ON THE ACCOUNT. A COPY OF THIS NOTICE SHALL BE SENT TO 18,249
THE OBLIGOR. IF THE AGENCY DETERMINES THAT SOME OF THE FUNDS IN 18,250
THE ACCOUNT ARE THE PROPERTY OF THE PERSON, IT SHALL ORDER THE 18,252
FINANCIAL INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON THE 18,253
ACCOUNT IN THAT AMOUNT AND SHALL TAKE NO FURTHER ENFORCEMENT 18,254
ACTION ON THOSE FUNDS. A COPY OF THIS NOTICE SHALL BE SENT TO 18,255
THE OBLIGOR. THE AGENCY SHALL ISSUE A WITHDRAWAL DIRECTIVE 18,256
PURSUANT TO SECTION 3123.37 OF THE REVISED CODE FOR THE REMAINING 18,257
FUNDS UNLESS, NO LATER THAN TEN DAYS AFTER THE AGENCY MAKES ITS 18,259
DETERMINATION, THE PERSON FILES A WRITTEN MOTION WITH THE COURT 18,260
OF COMMON PLEAS OF THE COUNTY SERVED BY THE CHILD SUPPORT
ENFORCEMENT AGENCY FOR A HEARING TO DETERMINE WHETHER ANY AMOUNT 18,261
CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON. 18,262
Sec. 3123.35. IF THE PERSON DESCRIBED IN SECTION 3123.34 18,264
OF THE REVISED CODE FILES A TIMELY MOTION WITH THE COURT, THE 18,267
COURT SHALL HOLD A HEARING ON THE REQUEST NO LATER THAN TEN DAYS 18,268
AFTER THE REQUEST IS FILED. NO LATER THAN FIVE DAYS BEFORE THE 18,269
DATE ON WHICH THE HEARING IS TO BE HELD, THE COURT SHALL SEND THE 18,270
PERSON WRITTEN NOTICE BY ORDINARY MAIL OF THE DATE, TIME, PLACE, 18,271
AND PURPOSE OF THE HEARING. THE HEARING SHALL BE LIMITED TO A 18,272
DETERMINATION OF HOW MUCH, IF ANY, OF THE AMOUNT CONTAINED IN THE 18,273
ACCOUNT IS THE PROPERTY OF THE PERSON. 18,275
Sec. 3123.36. IF THE COURT DETERMINES PURSUANT TO A 18,277
HEARING UNDER SECTION 3123.35 OF THE REVISED CODE THAT ALL OF THE 18,278
FUNDS IN THE ACCOUNT ARE THE PROPERTY OF THE PERSON DESCRIBED IN 18,279
SECTION 3123.34 OF THE REVISED CODE, IT SHALL ORDER THE FINANCIAL 18,281
INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON THE ACCOUNT AND 18,282
415
TO TAKE NO FURTHER ENFORCEMENT ACTION ON THE ACCOUNT. IF THE 18,283
COURT DETERMINES THAT SOME OF THE FUNDS IN THE ACCOUNT ARE THE 18,284
PROPERTY OF THE PERSON, IT SHALL DETERMINE THAT AMOUNT, ORDER THE 18,285
FINANCIAL INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON THE 18,286
ACCOUNT IN THAT AMOUNT, AND ORDER THE AGENCY TO TAKE NO FURTHER 18,287
ENFORCEMENT ACTION ON THOSE FUNDS. IF THE COURT DETERMINES THAT 18,288
ANY OF THE FUNDS IN THE ACCOUNT ARE NOT THE PROPERTY OF THE 18,289
PERSON, IT SHALL ISSUE A WITHDRAWAL DIRECTIVE PURSUANT TO SECTION 18,290
3123.37 OF THE REVISED CODE.
Sec. 3123.37. (A) SUBJECT TO SECTIONS 3123.27 AND 3123.28 18,292
TO 3123.36 OF THE REVISED CODE, AN AGENCY THAT DETERMINES THAT AN 18,294
OBLIGOR HAS FUNDS IN AN ACCOUNT IN A FINANCIAL INSTITUTION SHALL 18,295
ISSUE A WITHDRAWAL DIRECTIVE TO THE FINANCIAL INSTITUTION. A 18,296
COPY OF THIS NOTICE SHALL BE SENT TO THE OBLIGOR. THE DIRECTIVE 18,297
SHALL REQUIRE THE FINANCIAL INSTITUTION TO TRANSMIT FUNDS FROM 18,298
THE ACCOUNT TO THE OFFICE OF CHILD SUPPORT.
(B) THE WITHDRAWAL DIRECTIVE SHALL CONTAIN THE FOLLOWING 18,300
INFORMATION: 18,301
(1) THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR 18,304
TAXPAYER IDENTIFICATION NUMBER OF THE OBLIGOR;
(2) A STATEMENT THAT THE OBLIGOR HAS BEEN DETERMINED TO BE 18,307
IN DEFAULT UNDER A SUPPORT ORDER;
(3) THE AMOUNT OF THE ARREARAGE OWED BY THE OBLIGOR AS 18,310
DETERMINED BY THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY; 18,311
(4) THE AMOUNT OF FUNDS THAT ARE TO BE WITHDRAWN FROM THE 18,314
ACCOUNT AND THE TYPE OF ACCOUNT FROM WHICH THE FUNDS ARE TO BE 18,315
WITHDRAWN.
(C) ON RECEIPT OF A WITHDRAWAL DIRECTIVE, A FINANCIAL 18,317
INSTITUTION SHALL WITHDRAW THE AMOUNT SPECIFIED FROM THE ACCOUNT 18,319
DESCRIBED IN THE NOTICE AND PAY IT TO THE OFFICE OF CHILD SUPPORT 18,320
AFTER DEDUCTING A FIVE DOLLAR FEE.
Sec. 3123.38. A FINANCIAL INSTITUTION IS NOT SUBJECT TO 18,323
CRIMINAL OR CIVIL LIABILITY FOR IMPOSING AN ACCESS RESTRICTION ON 18,324
AN ACCOUNT OR COMPLYING WITH A WITHDRAWAL DIRECTIVE PURSUANT TO 18,325
416
SECTIONS 3123.24 TO 3123.38 OF THE REVISED CODE OR FOR ANY OTHER 18,326
ACTION TAKEN IN GOOD FAITH PURSUANT TO THOSE SECTIONS.
Sec. 3123.41. AS USED IN SECTIONS 3123.41 TO 3123.50 OF 18,328
THE REVISED CODE: 18,329
(A) "BOARD" MEANS ANY ENTITY THAT HAS THE AUTHORITY 18,331
PURSUANT TO TITLE XLVII OF THE REVISED CODE TO ISSUE A LICENSE, 18,332
AND ANY OTHER AGENCY OF THIS STATE, OTHER THAN THE SUPREME COURT, 18,333
THAT HAS THE AUTHORITY TO ISSUE A LICENSE THAT AUTHORIZES AN 18,334
INDIVIDUAL TO ENGAGE IN AN OCCUPATION OR PROFESSION. "BOARD" 18,335
INCLUDES AN ADMINISTRATIVE OFFICER THAT HAS AUTHORITY TO ISSUE A 18,336
LICENSE THAT AUTHORIZES AN INDIVIDUAL TO ENGAGE IN AN OCCUPATION 18,337
OR PROFESSION.
(B) "LICENSE" INCLUDES A LICENSE, CERTIFICATE, PERMIT, 18,339
REGISTRATION, OR OTHER AUTHORIZATION TO ENGAGE IN AN OCCUPATION 18,340
OR PROFESSION. 18,341
Sec. 3123.42. IF EITHER OF THE FOLLOWING OCCURS WITH 18,343
RESPECT TO AN INDIVIDUAL WHO IS AN OBLIGOR UNDER A CHILD SUPPORT 18,344
ORDER, THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE 18,345
ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A LICENSE ISSUED 18,346
BY A BOARD OR, IF POSSIBLE, WHETHER THE INDIVIDUAL HAS APPLIED 18,347
FOR, OR IS LIKELY TO APPLY FOR, A LICENSE:
(A) A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY MAKES A 18,349
FINAL AND ENFORCEABLE DETERMINATION UNDER SECTIONS 3123.02 TO 18,350
3123.071 OF THE REVISED CODE THAT THE INDIVIDUAL IS IN DEFAULT 18,351
UNDER THE CHILD SUPPORT ORDER.
(B) THE INDIVIDUAL FAILS, AFTER RECEIVING APPROPRIATE 18,353
NOTICE, TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT 18,354
OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING 18,355
TO ENFORCE THE CHILD SUPPORT ORDER. 18,356
Sec. 3123.43. IF A CHILD SUPPORT ENFORCEMENT AGENCY, 18,358
PURSUANT TO SECTION 3123.42 OF THE REVISED CODE, DETERMINES THAT 18,359
AN INDIVIDUAL IS A LICENSE HOLDER OR HAS APPLIED FOR, OR IS 18,360
LIKELY TO APPLY FOR, A LICENSE, IT SHALL SEND THE NOTICE
DESCRIBED IN SECTION 3123.44 OF THE REVISED CODE TO THE 18,361
417
INDIVIDUAL. THE AGENCY ALSO MAY SEND A NOTICE TO THE BOARD THAT 18,362
GIVES THE NAME AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING 18,363
NUMBER OF THE INDIVIDUAL AND STATES THAT A COURT OR AGENCY HAS
DETERMINED THAT THE INDIVIDUAL IS IN DEFAULT UNDER A CHILD 18,364
SUPPORT ORDER OR HAS FAILED TO COMPLY WITH A WARRANT OR SUBPOENA 18,365
ISSUED BY A COURT OR AGENCY WITH RESPECT TO A PROCEEDING TO 18,366
ENFORCE A CHILD SUPPORT ORDER.
Sec. 3123.44. NOTICE SHALL BE SENT TO AN INDIVIDUAL 18,368
DESCRIBED IN SECTION 3123.42 OF THE REVISED CODE IN COMPLIANCE 18,369
WITH SECTION 3121.23 OF THE REVISED CODE. THE NOTICE SHALL 18,371
SPECIFY THAT A COURT OR AGENCY HAS DETERMINED THE INDIVIDUAL TO
BE IN DEFAULT UNDER A CHILD SUPPORT ORDER OR THAT THE INDIVIDUAL 18,372
IS AN OBLIGOR WHO HAS FAILED TO COMPLY WITH A SUBPOENA OR WARRANT 18,373
ISSUED BY A COURT OR AGENCY WITH RESPECT TO A PROCEEDING TO 18,374
ENFORCE A CHILD SUPPORT ORDER, THAT A NOTICE CONTAINING THE 18,375
INDIVIDUAL'S NAME AND SOCIAL SECURITY NUMBER OR OTHER 18,377
IDENTIFICATION NUMBER MAY BE SENT TO EVERY BOARD THAT HAS 18,378
AUTHORITY TO ISSUE OR HAS ISSUED THE INDIVIDUAL A LICENSE, AND 18,379
THAT, IF THE BOARD RECEIVES THAT NOTICE AND DETERMINES THAT THE 18,380
INDIVIDUAL IS THE INDIVIDUAL NAMED IN THAT NOTICE AND THE BOARD 18,382
HAS NOT RECEIVED NOTICE UNDER SECTION 3123.45 OR 3123.46 OF THE
REVISED CODE, ALL OF THE FOLLOWING WILL OCCUR: 18,383
(A) THE BOARD WILL NOT ISSUE ANY LICENSE TO THE INDIVIDUAL 18,385
OR RENEW ANY LICENSE OF THE INDIVIDUAL. 18,386
(B) THE BOARD WILL SUSPEND ANY LICENSE OF THE INDIVIDUAL 18,388
IF IT DETERMINES THAT THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN 18,389
THE NOTICE SENT TO THE BOARD UNDER SECTION 3123.43 OF THE REVISED 18,390
CODE.
(C) IF THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THE 18,392
NOTICE, THE BOARD WILL NOT ISSUE ANY LICENSE TO THE INDIVIDUAL, 18,394
AND WILL NOT REINSTATE A SUSPENDED LICENSE, UNTIL THE BOARD 18,395
RECEIVES A NOTICE UNDER SECTION 3123.45 OR 3123.46 OF THE REVISED 18,396
CODE.
Sec. 3123.45. A CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT 18,398
418
A NOTICE TO A BOARD OF AN INDIVIDUAL'S DEFAULT UNDER A CHILD 18,399
SUPPORT ORDER SHALL SEND TO EACH BOARD TO WHICH THE AGENCY SENT 18,400
THE NOTICE A FURTHER NOTICE THAT THE INDIVIDUAL IS NOT IN DEFAULT 18,401
IF IT DETERMINES THAT THE INDIVIDUAL IS NOT IN DEFAULT OR ANY OF 18,403
THE FOLLOWING OCCURS:
(A) THE INDIVIDUAL MAKES FULL PAYMENT TO THE OFFICE OF 18,406
CHILD SUPPORT IN THE DEPARTMENT OF JOB AND FAMILY SERVICES OR, 18,407
PURSUANT TO SECTIONS 3125.27 TO 3125.30 OF THE REVISED CODE, THE 18,408
CHILD SUPPORT ENFORCEMENT AGENCY OF THE ARREARAGE THAT WAS THE 18,409
BASIS FOR THE COURT OR AGENCY DETERMINATION THAT THE INDIVIDUAL 18,410
WAS IN DEFAULT.
(B) AN APPROPRIATE WITHHOLDING OR DEDUCTION NOTICE OR 18,412
OTHER APPROPRIATE ORDER DESCRIBED IN SECTION 3121.03, 3121.04, 18,413
3121.05, 3121.06, OR 3121.12 OF THE REVISED CODE HAS BEEN ISSUED 18,414
TO COLLECT CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE CHILD 18,416
SUPPORT ORDER THAT WAS IN DEFAULT, AND THE INDIVIDUAL IS
COMPLYING WITH THE NOTICE OR ORDER. 18,417
(C) A NEW CHILD SUPPORT ORDER HAS BEEN ISSUED OR THE CHILD 18,419
SUPPORT ORDER THAT WAS IN DEFAULT, HAS BEEN MODIFIED TO COLLECT 18,420
CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE CHILD SUPPORT 18,422
ORDER THAT WAS IN DEFAULT, AND THE INDIVIDUAL IS COMPLYING WITH 18,423
THE NEW OR MODIFIED CHILD SUPPORT ORDER.
THE AGENCY SHALL SEND THE NOTICE UNDER THIS SECTION NOT 18,425
LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THE INDIVIDUAL 18,426
IS NOT IN DEFAULT OR THAT ANY OF THE CIRCUMSTANCES SPECIFIED IN 18,427
THIS SECTION HAS OCCURRED. 18,428
Sec. 3123.46. A CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT 18,430
A NOTICE TO A BOARD OF AN INDIVIDUAL'S FAILURE TO COMPLY WITH A 18,431
WARRANT OR SUBPOENA SHALL SEND TO EACH BOARD TO WHICH THE AGENCY 18,432
SENT THE NOTICE A FURTHER NOTICE THAT THE INDIVIDUAL IS NO LONGER 18,433
OUT OF COMPLIANCE IF THE COURT OR AGENCY THAT ISSUED THE WARRANT 18,434
OR SUBPOENA REMOVES THE WARRANT OR DETERMINES THAT THE OBLIGOR 18,435
HAS COMPLIED WITH THE SUBPOENA. 18,436
THE AGENCY SHALL SEND THE NOTICE UNDER THIS SECTION NOT 18,438
419
LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF 18,439
THE CIRCUMSTANCES SPECIFIED IN THIS SECTION HAS OCCURRED. 18,440
Sec. 3123.47. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 18,442
3123.43 OF THE REVISED CODE, A BOARD SHALL DETERMINE WHETHER THE 18,443
INDIVIDUAL NAMED IN THE NOTICE HOLDS OR HAS APPLIED FOR A LICENSE 18,444
FROM THE BOARD. IF THE BOARD DETERMINES THAT THE INDIVIDUAL 18,446
HOLDS OR HAS APPLIED FOR A LICENSE AND THE INDIVIDUAL IS THE
INDIVIDUAL NAMED IN THE NOTICE AND DOES NOT RECEIVE A NOTICE 18,448
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 18,449
LICENSE ISSUED TO THE INDIVIDUAL, AND SHALL SUSPEND ANY LICENSE 18,450
ISSUED TO THE INDIVIDUAL.
Sec. 3123.471. A BOARD SHALL MAINTAIN A FILE CONTAINING 18,452
EACH NOTICE IT RECEIVES PURSUANT TO SECTION 3123.43 OF THE 18,453
REVISED CODE THAT NAMES AN INDIVIDUAL WHO DOES NOT HOLD A LICENSE 18,454
ISSUED BY THE BOARD. ON RECEIPT OF AN APPLICATION FOR A LICENSE 18,455
FROM SUCH AN INDIVIDUAL, THE BOARD SHALL PROCEED IN ACCORDANCE
WITH SECTION 3123.47 OF THE REVISED CODE. 18,456
Sec. 3123.48. NOT LATER THAN SEVEN DAYS AFTER RECEIPT OF A 18,458
NOTICE PURSUANT TO SECTION 3123.45 OR 3123.46 OF THE REVISED 18,459
CODE, THE BOARD SHALL, IF THE INDIVIDUAL IS OTHERWISE ELIGIBLE 18,460
FOR THE LICENSE AND WANTS THE LICENSE, ISSUE A LICENSE TO OR 18,461
RENEW A LICENSE OF THE INDIVIDUAL, OR IF THE INDIVIDUAL'S LICENSE 18,462
WAS SUSPENDED PURSUANT TO SECTION 3123.47 OF THE REVISED CODE, 18,463
END THE SUSPENSION. THE BOARD MAY CHARGE A FEE OF NOT MORE THAN 18,464
FIFTY DOLLARS TO ISSUE OR RENEW OR END THE SUSPENSION OF A 18,465
LICENSE PURSUANT TO THIS SECTION.
Sec. 3123.49. NOTWITHSTANDING SECTION 119.06 OF THE 18,467
REVISED CODE, A BOARD SHALL NOT HOLD ANY HEARING IN CONNECTION 18,468
WITH AN ORDER REFUSING TO ISSUE OR RENEW A LICENSE FOR, OR 18,469
SUSPENDING A LICENSE OF, AN INDIVIDUAL PURSUANT TO SECTION 18,470
3123.47 OF THE REVISED CODE.
Sec. 3123.50. A BOARD SHALL REQUIRE EACH APPLICATION FOR A 18,472
LICENSE, OR RENEWAL OF A LICENSE, ISSUED BY THE BOARD TO INCLUDE 18,473
420
THE APPLICANT'S SOCIAL SECURITY NUMBER. 18,474
Sec. 3123.52. PRIOR TO THE DATE THE SUPPORT ENFORCEMENT 18,476
TRACKING SYSTEM IS OPERATIONAL IN ALL THE COUNTIES OF THIS STATE, 18,477
SECTIONS 3123.53 TO 3123.60 OF THE REVISED CODE SHALL APPLY AS 18,478
PROVIDED IN SECTIONS 3123.61 TO 3123.614 OF THE REVISED CODE.
Sec. 3123.53. IF EITHER OF THE FOLLOWING OCCURS WITH 18,480
RESPECT TO AN INDIVIDUAL WHO IS AN OBLIGOR UNDER A CHILD SUPPORT 18,481
ORDER, THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE 18,482
CHILD SUPPORT ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A 18,483
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S 18,484
LICENSE OR ENDORSEMENT, TEMPORARY INSTRUCTION PERMIT, OR
COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT ISSUED BY THE 18,485
REGISTRAR OF MOTOR VEHICLES OR A DEPUTY REGISTRAR OR, IF 18,486
POSSIBLE, WHETHER THE INDIVIDUAL HAS APPLIED FOR OR IS LIKELY TO 18,487
APPLY FOR THAT LICENSE, ENDORSEMENT, OR PERMIT:
(A) A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY MAKES A 18,489
FINAL AND ENFORCEABLE DETERMINATION UNDER SECTIONS 3123.02 TO 18,490
3123.071 OF THE REVISED CODE THAT THE INDIVIDUAL IS IN DEFAULT 18,491
UNDER THE CHILD SUPPORT ORDER.
(B) THE INDIVIDUAL FAILS, AFTER RECEIVING APPROPRIATE 18,493
NOTICE, TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT 18,494
OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING 18,495
TO ENFORCE THE CHILD SUPPORT ORDER. 18,496
Sec. 3123.54. IF A CHILD SUPPORT ENFORCEMENT AGENCY, 18,498
PURSUANT TO SECTION 3123.53 OF THE REVISED CODE, DETERMINES THAT 18,499
AN INDIVIDUAL HOLDS A LICENSE, ENDORSEMENT, OR PERMIT OR HAS 18,500
APPLIED FOR, OR IS LIKELY TO APPLY FOR, A LICENSE, ENDORSEMENT,
OR PERMIT, IT SHALL SEND THE NOTICE DESCRIBED IN SECTION 3123.55 18,501
OF THE REVISED CODE TO THE INDIVIDUAL. THE AGENCY ALSO MAY SEND 18,502
A NOTICE TO THE REGISTRAR OF MOTOR VEHICLES THAT GIVES THE NAME 18,503
AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING NUMBER OF THE 18,504
INDIVIDUAL AND STATES THAT A COURT OR AGENCY HAS DETERMINED THAT
THE INDIVIDUAL IS IN DEFAULT UNDER A CHILD SUPPORT ORDER OR HAS 18,505
FAILED TO COMPLY WITH A WARRANT OR SUBPOENA ISSUED BY A COURT OR 18,506
421
AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT 18,507
ORDER.
Sec. 3123.55. NOTICE SHALL BE SENT TO THE INDIVIDUAL 18,510
DESCRIBED IN SECTION 3123.54 OF THE REVISED CODE IN COMPLIANCE
WITH SECTION 3121.23 OF THE REVISED CODE. THE NOTICE SHALL 18,511
SPECIFY THAT A COURT OR AGENCY HAS DETERMINED THE INDIVIDUAL TO 18,512
BE IN DEFAULT UNDER A CHILD SUPPORT ORDER OR THAT THE INDIVIDUAL 18,513
IS AN OBLIGOR UNDER A CHILD SUPPORT ORDER WHO HAS FAILED TO 18,514
COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY A COURT OR AGENCY 18,516
WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER, 18,517
THAT A NOTICE CONTAINING THE INDIVIDUAL'S NAME AND SOCIAL 18,518
SECURITY NUMBER OR OTHER IDENTIFICATION NUMBER MAY BE SENT TO THE 18,519
REGISTRAR OF MOTOR VEHICLES, AND THAT, IF THE REGISTRAR RECEIVES 18,520
THAT NOTICE AND DETERMINES THAT THE INDIVIDUAL IS THE INDIVIDUAL 18,521
NAMED IN THAT NOTICE AND THE REGISTRAR HAS NOT RECEIVED NOTICE 18,522
UNDER SECTION 3123.56 OR 3123.57 OF THE REVISED CODE, ALL OF THE 18,523
FOLLOWING WILL OCCUR:
(A) THE REGISTRAR AND ALL DEPUTY REGISTRARS WILL BE 18,525
PROHIBITED FROM ISSUING TO THE INDIVIDUAL A DRIVER'S OR 18,526
COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR 18,528
ENDORSEMENT, OR TEMPORARY INSTRUCTION PERMIT OR COMMERCIAL 18,529
DRIVER'S TEMPORARY INSTRUCTION PERMIT.
(B) THE REGISTRAR AND ALL DEPUTY REGISTRARS WILL BE 18,531
PROHIBITED FROM RENEWING FOR THE INDIVIDUAL A DRIVER'S OR 18,533
COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR 18,534
ENDORSEMENT, OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT. 18,535
(C) IF THE INDIVIDUAL HOLDS A DRIVER'S OR COMMERCIAL 18,537
DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR ENDORSEMENT, 18,538
OR TEMPORARY INSTRUCTION PERMIT OR COMMERCIAL DRIVER'S TEMPORARY 18,539
INSTRUCTION PERMIT, IT WILL BE SUSPENDED IF THE REGISTRAR 18,540
DETERMINES THAT THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THE 18,541
NOTICE SENT PURSUANT TO SECTION 3123.54 OF THE REVISED CODE. 18,542
(D) IF THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THE 18,544
NOTICE, THE INDIVIDUAL WILL NOT BE ISSUED OR HAVE RENEWED ANY 18,545
422
LICENSE, ENDORSEMENT, OR PERMIT, AND NO SUSPENSION WILL BE LIFTED 18,546
WITH RESPECT TO ANY LICENSE, ENDORSEMENT, OR PERMIT LISTED IN 18,547
THIS SECTION UNTIL THE REGISTRAR RECEIVES A NOTICE UNDER SECTION 18,548
3123.56 OR 3123.57 OF THE REVISED CODE.
Sec. 3123.56. A CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT 18,550
A NOTICE UNDER SECTION 3123.54 OF THE REVISED CODE OF AN 18,551
INDIVIDUAL'S DEFAULT UNDER A CHILD SUPPORT ORDER SHALL SEND TO 18,552
THE REGISTRAR OF MOTOR VEHICLES A NOTICE THAT THE INDIVIDUAL IS 18,553
NOT IN DEFAULT IF IT DETERMINES THAT THE INDIVIDUAL IS NOT IN 18,554
DEFAULT OR ANY OF THE FOLLOWING OCCURS: 18,555
(A) THE INDIVIDUAL MAKES FULL PAYMENT TO THE OFFICE OF 18,558
CHILD SUPPORT OR, PURSUANT TO SECTIONS 3125.27 TO 3125.30 OF THE
REVISED CODE, TO THE CHILD SUPPORT ENFORCEMENT AGENCY OF THE 18,560
ARREARAGE THAT WAS THE BASIS FOR THE COURT OR AGENCY 18,561
DETERMINATION THAT THE INDIVIDUAL WAS IN DEFAULT. 18,562
(B) AN APPROPRIATE WITHHOLDING OR DEDUCTION NOTICE OR 18,564
OTHER APPROPRIATE ORDER DESCRIBED IN SECTION 3121.03, 3121.04, 18,565
3121.05, 3121.06, OR 3121.12 OF THE REVISED CODE HAS BEEN ISSUED 18,566
TO COLLECT CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE CHILD 18,567
SUPPORT ORDER THAT WAS IN DEFAULT, AND THE INDIVIDUAL IS 18,568
COMPLYING WITH THE NOTICE OR ORDER. 18,569
(C) A NEW CHILD SUPPORT ORDER HAS BEEN ISSUED OR THE CHILD 18,572
SUPPORT ORDER THAT WAS IN DEFAULT HAS BEEN MODIFIED TO COLLECT 18,573
CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE CHILD SUPPORT 18,574
ORDER THAT WAS IN DEFAULT, AND THE INDIVIDUAL IS COMPLYING WITH 18,575
THE NEW OR MODIFIED CHILD SUPPORT ORDER. 18,576
THE AGENCY SHALL SEND THE NOTICE UNDER THIS SECTION NOT 18,578
LATER THAN SEVEN DAYS AFTER IT DETERMINES THE INDIVIDUAL IS NOT 18,580
IN DEFAULT OR THAT ANY OF THE CIRCUMSTANCES SPECIFIED IN THIS 18,581
SECTION HAS OCCURRED.
Sec. 3123.57. A CHILD SUPPORT ENFORCEMENT AGENCY THAT SENT 18,583
A NOTICE UNDER SECTION 3123.54 OF THE REVISED CODE OF AN 18,584
INDIVIDUAL'S FAILURE TO COMPLY WITH A WARRANT OR SUBPOENA SHALL 18,585
SEND TO THE REGISTRAR OF MOTOR VEHICLES A NOTICE THAT THE 18,586
423
INDIVIDUAL IS NO LONGER OUT OF COMPLIANCE IF THE COURT OR AGENCY 18,587
THAT ISSUED THE WARRANT OR SUBPOENA REMOVES THE WARRANT OR 18,588
DETERMINES THAT THE INDIVIDUAL HAS COMPLIED WITH THE SUBPOENA. 18,589
THE AGENCY SHALL SEND THE NOTICE UNDER THIS SECTION NOT 18,591
LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF 18,593
THE CIRCUMSTANCES SPECIFIED IN THIS SECTION HAS OCCURRED. 18,594
Sec. 3123.58. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 18,597
3123.54 OF THE REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES
SHALL DETERMINE WHETHER THE INDIVIDUAL NAMED IN THE NOTICE HOLDS 18,599
OR HAS APPLIED FOR A DRIVER'S LICENSE OR COMMERCIAL DRIVER'S
LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR ENDORSEMENT, OR 18,600
TEMPORARY INSTRUCTION PERMIT OR COMMERCIAL DRIVER'S TEMPORARY 18,601
INSTRUCTION PERMIT. IF THE REGISTRAR DETERMINES THAT THE 18,602
INDIVIDUAL HOLDS OR HAS APPLIED FOR A LICENSE, PERMIT, OR 18,603
ENDORSEMENT AND THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THE 18,604
NOTICE AND DOES NOT RECEIVE A NOTICE PURSUANT TO SECTION 3123.56
OR 3123.57 OF THE REVISED CODE, THE REGISTRAR IMMEDIATELY SHALL 18,605
PROVIDE NOTICE OF THE DETERMINATION TO EACH DEPUTY REGISTRAR. 18,607
THE REGISTRAR OR A DEPUTY REGISTRAR MAY NOT ISSUE TO THE 18,608
INDIVIDUAL A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE 18,609
OPERATOR'S LICENSE OR ENDORSEMENT, OR TEMPORARY INSTRUCTION 18,610
PERMIT OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT AND
MAY NOT RENEW FOR THE INDIVIDUAL A DRIVER'S OR COMMERCIAL 18,612
DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR ENDORSEMENT, 18,613
OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT. THE 18,614
REGISTRAR OR A DEPUTY REGISTRAR ALSO SHALL SUSPEND A LICENSE,
PERMIT, OR ENDORSEMENT HELD BY THE INDIVIDUAL. 18,615
Sec. 3123.581. THE REGISTRAR OF MOTOR VEHICLES SHALL 18,617
MAINTAIN A LIST OF NAMES OF INDIVIDUALS IDENTIFIED IN NOTICES 18,619
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, 18,620
MOTORCYCLE OPERATOR'S LICENSE OR ENDORSEMENT, OR TEMPORARY 18,621
INSTRUCTION PERMIT OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION 18,622
PERMIT. THE REGISTRAR SHALL UPDATE THE LIST QUARTERLY AND 18,624
424
PROVIDE EACH DEPUTY REGISTRAR WITH A COPY. ON RECEIPT OF AN
APPLICATION FOR SUCH A LICENSE, PERMIT, OR ENDORSEMENT FROM AN 18,625
INDIVIDUAL WHO APPEARS ON THE LIST, A DEPUTY REGISTRAR SHALL 18,627
NOTIFY THE REGISTRAR. ON RECEIPT OF AN APPLICATION FOR SUCH A 18,628
LICENSE, PERMIT, OR ENDORSEMENT FROM SUCH AN INDIVIDUAL OR ON
RECEIPT OF A NOTICE FROM A DEPUTY REGISTRAR PURSUANT TO THIS 18,629
SECTION, THE REGISTRAR SHALL PROCEED IN ACCORDANCE WITH SECTION 18,630
3123.58 OF THE REVISED CODE.
Sec. 3123.59. NOT LATER THAN SEVEN DAYS AFTER RECEIPT OF A 18,632
NOTICE PURSUANT TO SECTION 3123.56 OR 3123.57 OF THE REVISED 18,633
CODE, THE REGISTRAR OF MOTOR VEHICLES SHALL NOTIFY EACH DEPUTY 18,634
REGISTRAR OF THE NOTICE. THE REGISTRAR AND EACH DEPUTY REGISTRAR 18,635
SHALL THEN, IF THE INDIVIDUAL OTHERWISE IS ELIGIBLE FOR THE 18,636
LICENSE, PERMIT, OR ENDORSEMENT AND WANTS THE LICENSE, PERMIT, OR 18,637
ENDORSEMENT, ISSUE A LICENSE, PERMIT, OR ENDORSEMENT TO, OR RENEW 18,639
A LICENSE, PERMIT, OR ENDORSEMENT OF, THE INDIVIDUAL, OR, IF THE 18,640
INDIVIDUAL'S LICENSE, PERMIT, OR ENDORSEMENT WAS SUSPENDED 18,641
PURSUANT TO SECTION 3123.58 OF THE REVISED CODE, REMOVE THE 18,642
SUSPENSION. ON AND AFTER THE DATE SPECIFIED IN SECTION 3123.52 18,643
OF THE REVISED CODE, THE REGISTRAR OR A DEPUTY REGISTRAR SHALL 18,644
REMOVE, AFTER RECEIPT OF A NOTICE UNDER SECTION 3123.56 OR 18,645
3123.57 OF THE REVISED CODE, A DISQUALIFICATION IMPOSED ON AN
INDIVIDUAL WITH RESPECT TO A COMMERCIAL DRIVER'S LICENSE OR 18,646
COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT PURSUANT TO 18,647
SECTION 3123.611 OF THE REVISED CODE. THE REGISTRAR OR A DEPUTY 18,648
REGISTRAR MAY CHARGE A FEE OF NOT MORE THAN TWENTY-FIVE DOLLARS 18,649
FOR ISSUING OR RENEWING OR REMOVING THE SUSPENSION OF A LICENSE 18,650
OR FOR REMOVING A DISQUALIFICATION PURSUANT TO THIS SECTION. THE
FEES COLLECTED BY THE REGISTRAR PURSUANT TO THIS SECTION SHALL BE 18,652
PAID INTO THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED IN 18,653
SECTION 4501.25 OF THE REVISED CODE.
Sec. 3123.60. NOTWITHSTANDING SECTION 119.06 OF THE 18,655
REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES SHALL NOT HOLD ANY 18,657
HEARING IN CONNECTION WITH AN ORDER REFUSING TO ISSUE OR RENEW A
425
LICENSE, PERMIT, OR ENDORSEMENT FOR, OR SUSPENDING A LICENSE, 18,658
PERMIT, OR ENDORSEMENT OF, AN INDIVIDUAL PURSUANT TO SECTION 18,659
3123.58 OF THE REVISED CODE.
Sec. 3123.61. PRIOR TO THE DATE SPECIFIED UNDER SECTION 18,661
3123.52 OF THE REVISED CODE, SECTIONS 3123.53 TO 3123.60 OF THE 18,662
REVISED CODE SHALL APPLY ONLY TO COMMERCIAL DRIVER'S LICENSES AND 18,663
COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMITS AND THE
INDIVIDUALS TO WHOM THEY ARE ISSUED. 18,664
Sec. 3123.611. PRIOR TO THE DATE SPECIFIED IN SECTION 18,666
3123.52 OF THE REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES OR A 18,667
DEPUTY REGISTRAR SHALL DO ONLY THE FOLLOWING WITH RESPECT TO AN 18,668
INDIVIDUAL IF THE REGISTRAR MAKES THE DETERMINATION REQUIRED 18,669
UNDER SECTION 3123.58 OF THE REVISED CODE AND NO NOTICE IS
RECEIVED CONCERNING THE INDIVIDUAL UNDER SECTION 3123.56 OR 18,670
3123.57 OF THE REVISED CODE:
(A) REFUSE TO ISSUE OR RENEW THE INDIVIDUAL'S COMMERCIAL 18,672
DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION 18,673
PERMIT;
(B) IMPOSE A DISQUALIFICATION AS DEFINED IN SECTION 18,675
4506.01 OF THE REVISED CODE ON THE INDIVIDUAL WITH RESPECT TO A 18,676
COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY 18,677
INSTRUCTION PERMIT.
Sec. 3123.612. PRIOR TO THE DATE SPECIFIED IN SECTION 18,679
3123.52 OF THE REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES OR A 18,680
DEPUTY REGISTRAR MAY REMOVE A DISQUALIFICATION IMPOSED ON AN 18,681
INDIVIDUAL WITH RESPECT TO A COMMERCIAL DRIVER'S LICENSE OR 18,682
COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT FOR THE SAME 18,683
REASON THE REGISTRAR OR DEPUTY REGISTRAR IS PERMITTED, ON OR
AFTER THAT DATE, TO REMOVE A SUSPENSION OF AN INDIVIDUAL'S 18,684
COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY 18,685
INSTRUCTION PERMIT UNDER SECTION 3123.59 OF THE REVISED CODE.
THE REGISTRAR OR DEPUTY REGISTRAR MAY CHARGE THE FEE DESCRIBED IN 18,686
SECTION 3123.59 OF THE REVISED CODE FOR REMOVING THE 18,687
DISQUALIFICATION.
426
Sec. 3123.613. PRIOR TO THE DATE SPECIFIED IN SECTION 18,689
3123.52 OF THE REVISED CODE, INSTEAD OF THE NOTICE PROVISIONS 18,690
DESCRIBED IN DIVISIONS (A), (B), (C), AND (D) OF SECTION 3123.55 18,691
OF THE REVISED CODE, THE NOTICE SHALL SPECIFY THAT ALL OF THE 18,692
FOLLOWING WILL OCCUR:
(A) THE REGISTRAR OF MOTOR VEHICLES AND ALL DEPUTY 18,695
REGISTRARS WILL BE PROHIBITED FROM ISSUING TO, OR RENEWING FOR,
THE INDIVIDUAL A COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL 18,696
DRIVER'S TEMPORARY INSTRUCTION PERMIT. 18,697
(B) IF THE INDIVIDUAL HOLDS A COMMERCIAL DRIVER'S LICENSE 18,699
OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION PERMIT, THE 18,700
REGISTRAR WILL IMPOSE A DISQUALIFICATION AS DEFINED IN SECTION 18,701
4506.01 OF THE REVISED CODE WITH RESPECT TO THE LICENSE OR PERMIT 18,702
IF THE REGISTRAR DETERMINES THAT THE INDIVIDUAL IS THE INDIVIDUAL 18,703
NAMED IN THE NOTICE SENT PURSUANT TO SECTION 3123.54 OF THE 18,704
REVISED CODE.
(C) IF THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THE 18,706
NOTICE, THE INDIVIDUAL WILL NOT BE ISSUED, AND THE 18,707
DISQUALIFICATION WILL NOT BE REMOVED WITH RESPECT TO, ANY LICENSE 18,708
OR PERMIT LISTED IN THIS SECTION UNTIL THE REGISTRAR RECEIVES A 18,710
NOTICE UNDER SECTION 3123.56 OR 3123.57 OF THE REVISED CODE.
Sec. 3123.614. NOTWITHSTANDING SECTION 119.06 OF THE 18,712
REVISED CODE AND PRIOR TO THE DATE SPECIFIED IN SECTION 3123.52 18,713
OF THE REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES SHALL NOT
HOLD ANY HEARING IN CONNECTION WITH AN ORDER REFUSING TO ISSUE OR 18,714
RENEW, OR IMPOSING A DISQUALIFICATION WITH RESPECT TO, THE 18,715
COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY 18,716
INSTRUCTION PERMIT OF AN INDIVIDUAL PURSUANT TO SECTION 3123.611 18,717
OF THE REVISED CODE.
Sec. 2301.375 3123.62. (A) As used in this section, 18,726
"recreational license" means any license, permit, or stamp issued 18,727
pursuant to section 1533.10, 1533.11, 1533.111, 1533.112, or 18,728
1533.32 of the Revised Code. 18,729
(B) If a court or child support enforcement agency makes a 18,732
427
final and enforceable determination pursuant to division (B) of 18,734
section 3113.21 SECTIONS 3123.02 TO 3123.071 of the Revised Code 18,735
that an individual is in default under a child support order, the 18,736
agency administering the child support order may determine 18,737
whether the individual holds a recreational license or, if 18,738
possible, whether the individual has applied for, or is likely to 18,739
apply for, such a license. If the agency determines that the 18,740
individual holds, has applied for, or is likely to apply for, 18,741
such a license, it shall follow procedures that are substantively 18,743
the same as those set forth in divisions (B) to (D) of section 18,744
2301.373 SECTIONS 3123.42 TO 3123.46 of the Revised Code and the 18,745
division of wildlife shall follow procedures that are 18,746
substantively the same as those set forth in division (E) of 18,747
section 2301.373 SECTIONS 3123.47 TO 3123.50 of the Revised Code 18,748
with respect to the license if both of the following apply: 18,749
(1) The division of wildlife has implemented a computer 18,751
system that maintains license numbers for licenses issued by the 18,753
division, the names of persons to whom licenses are issued, and 18,754
the social security numbers of persons to whom licenses are 18,755
issued;.
(2) The division has established safeguards that eliminate 18,758
the risk that social security numbers provided to the division 18,759
for the purpose of child support enforcement may be used for 18,760
purposes other than those permitted by federal law. 18,761
(C) The department of human services may adopt rules in 18,764
accordance with Chapter 119. of the Revised Code to implement 18,767
this section. 18,768
Sec. 3123.63. THE DIRECTOR OF JOB AND FAMILY SERVICES MAY 18,770
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 18,771
TO IMPLEMENT SECTIONS 3123.41 TO 3123.50, 3123.52 TO 3123.614, 18,772
AND 3123.62 OF THE REVISED CODE.
Sec. 3123.66. IF A COURT OR A CHILD SUPPORT ENFORCEMENT 18,775
AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO 18,776
SECTIONS 3123.02 TO 3123.071 OF THE REVISED CODE THAT AN OBLIGOR 18,777
428
IS IN DEFAULT UNDER A SUPPORT ORDER, THE AGENCY ADMINISTERING THE 18,778
SUPPORT ORDER MAY ASSERT A LIEN ON REAL AND PERSONAL PROPERTY OF 18,780
THE OBLIGOR LOCATED IN THIS STATE.
Sec. 3123.67. THE AMOUNT OF THE ARREARAGE DUE UNDER THE 18,783
SUPPORT ORDER DETERMINED TO BE IN DEFAULT PURSUANT TO SECTIONS 18,784
3123.02 TO 3123.071 OF THE REVISED CODE, AND ANY AMOUNTS DUE FOR 18,785
CURRENT SUPPORT THAT BECOME AN ARREARAGE AFTER THE DATE THE 18,786
DEFAULT DETERMINATION WAS MADE, SHALL BE A LIEN AGAINST ALL 18,787
PERSONAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE 18,788
OBLIGOR THAT IS SITUATED IN THIS STATE. THE LIEN MAY BE FILED 18,789
WITH THE COUNTY RECORDER IN EACH COUNTY OF THE STATE IN WHICH THE 18,791
PERSONAL PROPERTY IS LOCATED. THE AMOUNT OF THE ARREARAGE DUE
UNDER THE SUPPORT ORDER DETERMINED TO BE IN DEFAULT AND ANY 18,792
AMOUNTS DUE FOR CURRENT SUPPORT THAT BECOME AN ARREARAGE AFTER 18,793
THE DATE THE DEFAULT DETERMINATION WAS MADE, SHALL BE A LIEN 18,794
AGAINST REAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE 18,795
OBLIGOR AFTER THE LIEN IS FILED WITH A COUNTY RECORDER OF THIS 18,796
STATE IN WHICH THE REAL PROPERTY IS LOCATED. A LIEN MAY BE FILED 18,797
WITH THE COUNTY RECORDER IN EACH COUNTY OF THE STATE IN WHICH 18,798
REAL PROPERTY OF THE OBLIGOR IS LOCATED. IN RECORDING THE LIEN, 18,800
IF REGISTERED LAND IS INVOLVED, THE COUNTY RECORDER SHALL TAKE 18,801
ALL NECESSARY ACTION REQUIRED BY CHAPTER 5309. OF THE REVISED
CODE. THE COUNTY RECORDER MAY BE COMPENSATED FOR LIENS FILED 18,803
UNDER THIS SECTION PURSUANT TO THE DEVELOPMENT OF UNIT COSTS THAT 18,804
ARE REIMBURSED UNDER THE PROVIDER CONTRACT ENTERED INTO PURSUANT 18,805
TO TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 18,807
42 U.S.C. 651, AS AMENDED.
Sec. 3123.68. ON RECEIVING A COPY OF A LIEN FILED IN 18,809
ANOTHER STATE THAT IS SIMILAR TO A LIEN DESCRIBED IN SECTION 18,810
3123.67 OF THE REVISED CODE, A COPY OF THE ORDER FOR CHILD 18,811
SUPPORT THAT IS THE BASIS OF THE LIEN, AND A COPY OF THE COURT OR 18,812
ADMINISTRATIVE DETERMINATION FINDING THE OBLIGOR TO BE IN DEFAULT 18,813
UNDER THE CHILD SUPPORT ORDER, THE OFFICE OF CHILD SUPPORT IN THE 18,814
DEPARTMENT OF JOB AND FAMILY SERVICES SHALL EXAMINE THE LIEN AND 18,815
429
THE OTHER DOCUMENTS AND DETERMINE WHETHER THE LIEN IS IN 18,816
COMPLIANCE WITH FEDERAL CHILD SUPPORT LAW AND REGULATIONS. IF 18,817
THE OFFICE DETERMINES THAT THE LIEN IS IN COMPLIANCE, THE OFFICE 18,818
SHALL DETERMINE THE COUNTIES OF THIS STATE IN WHICH IS LOCATED 18,819
REAL OR PERSONAL PROPERTY OF THE OBLIGOR THAT MAY BE SUBJECTED TO 18,820
THE LIEN. ON MAKING THE DETERMINATION, THE OFFICE SHALL SEND A 18,821
COPY OF THE LIEN TO THE CHILD SUPPORT ENFORCEMENT AGENCY OF THE 18,822
COUNTY IN WHICH THE OBLIGOR'S REAL OR PERSONAL PROPERTY IS 18,823
LOCATED. THE AGENCY SHALL FILE THE LIEN WITH THE COUNTY RECORDER 18,824
OF THE COUNTY IN WHICH THE AGENCY IS LOCATED. IN RECORDING THE 18,825
LIEN, IF REGISTERED LAND IS INVOLVED, THE COUNTY RECORDER SHALL 18,826
TAKE ALL NECESSARY ACTION REQUIRED BY CHAPTER 5309. OF THE 18,827
REVISED CODE. ONCE FILED, THE LIEN SHALL BE AGAINST ALL REAL AND 18,828
PERSONAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE 18,829
OBLIGOR THAT IS SITUATED IN THAT COUNTY. EVERY COURT, THE 18,830
OFFICE, AND EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL GIVE FULL 18,831
FAITH AND CREDIT TO A LIEN ESTABLISHED BY AN AUTHORIZED AGENCY OF 18,832
ANOTHER STATE THAT IS OF THE TYPE DESCRIBED IN SECTION 3123.67 OF 18,833
THE REVISED CODE.
Sec. 3123.69. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL, NO 18,836
LATER THAN TEN DAYS AFTER FILING A LIEN PURSUANT TO SECTION 18,837
3123.67 OR 3123.68 OF THE REVISED CODE, SERVE A COPY OF THE LIEN 18,838
BY REGULAR MAIL ON THE OBLIGOR WHOSE REAL OR PERSONAL PROPERTY IS 18,839
SUBJECT TO THE LIEN AND THE PERSON OR STATE AGENCY IN POSSESSION 18,840
OR CONTROL OF ANY REAL OR PERSONAL PROPERTY OF THE OBLIGOR. 18,841
Sec. 3123.70. A LIEN IMPOSED PURSUANT TO SECTIONS 3123.66 18,844
TO 3123.68 OF THE REVISED CODE SHALL HAVE PRIORITY OVER LIENS, 18,845
MORTGAGES, SECURITY INTERESTS, OR OTHER TYPES OF ENCUMBRANCES 18,846
THAT ARE ASSOCIATED WITH THE REAL AND PERSONAL PROPERTY SUBJECT 18,847
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 18,849
THOSE SECTIONS. A LIEN IMPOSED PURSUANT TO SECTIONS 3123.66 TO 18,850
3123.68 OF THE REVISED CODE SHALL NOT HAVE PRIORITY OVER LIENS,
MORTGAGES, SECURITY INTERESTS, OR OTHER TYPES OF ENCUMBRANCES 18,852
430
ASSOCIATED WITH THE REAL AND PERSONAL PROPERTY SUBJECT TO THE 18,853
LIEN IMPOSED BY SECTIONS 3123.66 TO 3123.68 OF THE REVISED CODE 18,854
THAT AROSE ON OR BEFORE THE DATE THE LIEN WAS FILED PURSUANT TO 18,855
SECTIONS 3123.66 TO 3123.68 OF THE REVISED CODE. 18,856
Sec. 3123.71. THE LIEN FILED WITH THE COUNTY RECORDER 18,859
SHALL BE EFFECTIVE UNTIL THE COUNTY RECORDER DISCHARGES THE LIEN. 18,860
THE COUNTY RECORDER SHALL DISCHARGE THE LIEN WITHIN FIVE DAYS 18,861
AFTER A CHILD SUPPORT ENFORCEMENT AGENCY FILES A NOTICE PURSUANT 18,862
TO SECTION 3123.72 OF THE REVISED CODE REQUESTING THAT THE LIEN 18,863
BE DISCHARGED.
Sec. 3123.72. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 18,865
FILE A NOTICE REQUESTING THAT THE COUNTY RECORDER DISCHARGE THE 18,866
LIEN IF ONE OF THE FOLLOWING APPLIES: 18,867
(A) THE LIEN IS SATISFIED THROUGH AN ACTION PURSUANT TO 18,870
SECTION 3123.74 OF THE REVISED CODE.
(B) THE OBLIGOR MAKES FULL PAYMENT OF THE ARREARAGE TO THE 18,872
OFFICE OF CHILD SUPPORT IN THE DEPARTMENT OF JOB AND FAMILY 18,873
SERVICES OR, PURSUANT TO SECTIONS 3125.27 TO 3125.30 OF THE 18,874
REVISED CODE, TO THE CHILD SUPPORT ENFORCEMENT AGENCY THAT IS THE 18,875
BASIS OF THE LIEN.
(C) AN APPROPRIATE WITHHOLDING OR DEDUCTION NOTICE OR 18,877
OTHER APPROPRIATE ORDER DESCRIBED IN SECTION 3121.03, 3121.04, 18,878
3121.05, 3121.06, OR 3121.12 OF THE REVISED CODE HAS BEEN ISSUED 18,879
TO COLLECT CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE 18,880
SUPPORT ORDER THAT WAS IN DEFAULT, AND THE OBLIGOR IS COMPLYING 18,881
WITH THE NOTICE OR ORDER. 18,882
(D) A NEW SUPPORT ORDER HAS BEEN ISSUED OR THE SUPPORT 18,885
ORDER THAT WAS IN DEFAULT HAS BEEN MODIFIED TO COLLECT CURRENT
SUPPORT AND ANY ARREARAGE DUE UNDER THE SUPPORT ORDER THAT WAS IN 18,886
DEFAULT, AND THE OBLIGOR IS COMPLYING WITH THE NEW OR MODIFIED 18,887
SUPPORT ORDER. 18,888
(E) THE AGENCY RELEASES THE LIEN PURSUANT TO SECTION 18,890
3123.76 OF THE REVISED CODE. 18,891
Sec. 3123.73. A CHILD SUPPORT ENFORCEMENT AGENCY IS 18,893
431
ENTITLED TO HAVE, AND MAY CAUSE, REAL AND PERSONAL PROPERTY 18,895
SUBJECT TO A LIEN ESTABLISHED PURSUANT TO SECTIONS 3123.66 TO 18,896
3123.68 OF THE REVISED CODE TO BE SOLD PURSUANT TO SECTION 18,897
3123.74 OF THE REVISED CODE.
Sec. 3123.74. (A) TO OBTAIN A SALE OF PROPERTY SUBJECT TO 18,900
A LIEN ESTABLISHED UNDER SECTIONS 3123.66 TO 3123.68 OF THE
REVISED CODE, A CHILD SUPPORT ENFORCEMENT AGENCY SHALL FILE, WITH 18,901
THE APPROPRIATE COURT OF THE COUNTY IN WHICH THE PROPERTY IS 18,902
LOCATED, AS DESCRIBED IN SECTION 3123.741 OF THE REVISED CODE, A 18,903
COMPLAINT STATING THAT THE AGENCY HAS OBTAINED A LIEN ON REAL AND 18,904
PERSONAL PROPERTY OF THE OBLIGOR THAT IS LOCATED IN THE COUNTY 18,905
AND THAT THE AGENCY IS ENTITLED TO HAVE THE PROPERTY SOLD TO 18,906
OBTAIN CHILD SUPPORT THAT IS IN ARREARS AND SUBSEQUENTLY OVERDUE 18,907
AND ASKS THE COURT TO ISSUE AN ORDER THAT THE PROPERTY BE SOLD BY 18,908
AN EXECUTION SALE IN ACCORDANCE WITH CHAPTER 2329. OF THE REVISED 18,910
CODE. THE AGENCY SHALL ESTABLISH, TO THE SATISFACTION OF THE 18,911
COURT, AT A HEARING DESCRIBED IN THIS SECTION THAT THE AGENCY HAS 18,912
OBTAINED THE LIEN AND IS ENTITLED TO THE REQUESTED ORDER. 18,913
(B) ON RECEIPT OF A COMPLAINT DESCRIBED IN THIS SECTION, 18,916
THE COURT SHALL CONDUCT A HEARING EXPEDITIOUSLY. IF, AT THE 18,917
HEARING, THE COURT DETERMINES THAT IT HAS JURISDICTION IN THE 18,918
MATTER IN ACCORDANCE WITH SECTION 3123.741 OF THE REVISED CODE 18,919
AND THAT THE CHILD SUPPORT ENFORCEMENT AGENCY HAS OBTAINED A LIEN 18,920
PURSUANT TO SECTIONS 3123.66 TO 3123.68 OF THE REVISED CODE AND 18,921
IS ENTITLED TO HAVE THE REAL AND PERSONAL PROPERTY OF THE OBLIGOR 18,922
IN THE COUNTY SOLD BY EXECUTION SALE TO OBTAIN THE CHILD SUPPORT 18,923
THAT IS IN ARREARS AND SUBSEQUENTLY OVERDUE, THE COURT SHALL 18,924
ISSUE AN ORDER THAT THE PROPERTY BE SOLD BY EXECUTION SALE IN 18,925
ACCORDANCE WITH CHAPTER 2329. OF THE REVISED CODE. 18,926
Sec. 3123.741. THE COMPLAINT DESCRIBED IN SECTION 3123.74 18,928
OF THE REVISED CODE SHALL BE FILED IN THE COURT AS FOLLOWS: 18,929
(A) IF THE CHILD SUPPORT IN ARREARS WAS ORDERED BY A COURT 18,932
IN THE COUNTY IN WHICH THE PROPERTY IN QUESTION IS LOCATED, IN 18,933
THAT COURT;
432
(B) IF THE CHILD SUPPORT IN ARREARS WAS ORDERED BY A COURT 18,936
OF ANOTHER STATE OR BY A COURT LOCATED IN A COUNTY OTHER THAN THE 18,937
COUNTY IN WHICH THE PROPERTY IN QUESTION IS LOCATED, THE COURT OF 18,938
COMMON PLEAS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED. 18,939
Sec. 3123.75. A SALE OF REAL OR PERSONAL PROPERTY PURSUANT 18,941
TO SECTION 3123.74 OF THE REVISED CODE EXTINGUISHES THE LIEN 18,942
ASSOCIATED WITH THE PROPERTY. 18,943
Sec. 3123.76. A CHILD SUPPORT ENFORCEMENT AGENCY MAY AT 18,945
ANY TIME RELEASE A LIEN IMPOSED PURSUANT TO SECTIONS 3123.66 TO 18,946
3123.68 OF THE REVISED CODE, ON ALL OR PART OF THE PROPERTY OF 18,948
THE OBLIGOR, OR RETURN SEIZED PROPERTY WITHOUT LIABILITY, IF 18,949
ASSURANCE OF PAYMENT IS DEEMED ADEQUATE BY THE AGENCY, OR THE 18,950
RELEASE WILL FACILITATE THE COLLECTION OF THE ARREARAGE FOR WHICH 18,951
THE LIEN WAS IMPOSED. THE RELEASE OR RETURN SHALL NOT OPERATE TO 18,952
PREVENT FUTURE ACTION TO COLLECT THE ARREARAGE. 18,953
Sec. 3123.77. ANY PERSON OR STATE AGENCY, AFTER SERVICE 18,956
DESCRIBED IN SECTION 3123.69 OF THE REVISED CODE, THAT RELEASES,
SELLS, TRANSFERS, OR CONVEYS REAL OR PERSONAL PROPERTY SUBJECT TO 18,958
THE LIEN TO OR FOR THE BENEFIT OF THE OBLIGOR OR ANY OTHER PERSON 18,959
OR FAILS OR REFUSES TO SURRENDER PROPERTY FOR THE EXECUTION SALE
PURSUANT TO SECTION 3123.74 OF THE REVISED CODE SHALL BE LIABLE 18,960
FOR THE SUPPORT ARREARAGES THAT ARE THE BASIS OF THE LIEN PLUS 18,961
COSTS, INTEREST, AND REASONABLE ATTORNEY'S FEES OF THE OPPOSING 18,962
PARTY.
Sec. 3123.78. OBTAINING A LIEN UNDER SECTIONS 3123.66 TO 18,964
3123.68 OF THE REVISED CODE DOES NOT AFFECT ANY OTHER LEGAL 18,966
REMEDIES AVAILABLE AGAINST OBLIGORS OR THEIR PROPERTY BY PERSONS 18,967
ENTITLED TO RECEIVE CHILD SUPPORT THAT IS IN ARREARS OR OTHERWISE 18,968
DUE, INCLUDING THE USE OF A JUDGMENT LIEN UNDER CHAPTER 2329. OF 18,969
THE REVISED CODE.
Sec. 5101.32 3123.81. The division OFFICE of child support 18,979
created in the department of job and family services under 18,980
section 5101.31 of the Revised Code shall work with the secretary 18,982
of the treasury to collect past-due child support from refunds of
433
paid federal taxes that are payable to the individual who owes 18,983
the past-due support in accordance with section 664 of Title IV-D 18,984
of the "Social Security Act," 95 Stat. 860 (1981), 42 U.S.C. 664, 18,985
as amended. The director of job and family services shall adopt 18,987
rules in accordance with Chapter 119. of the Revised Code to
establish procedures necessary to obtain payments of past-due 18,988
support from federal tax overpayments made to the secretary. 18,989
Sec. 3123.82. AS USED IN SECTIONS 3123.82 TO 3123.823 OF 18,991
THE REVISED CODE:
(A) "OBLIGOR" MEANS A PERSON WHO OWES "OVERDUE SUPPORT," 18,995
AS DEFINED IN SECTION 666 OF TITLE IV-D OF THE "SOCIAL SECURITY 18,997
ACT," 98 STAT. 1306 (1984), 42 U.S.C. 666, AS AMENDED, AND ANY 18,998
RULES PROMULGATED UNDER TITLE IV-D.
(B) "OVERPAID CHILD SUPPORT" MEANS AMOUNTS PAID TO AN 19,000
OBLIGEE UNDER A CHILD SUPPORT ORDER PRIOR TO TERMINATION OF THE 19,001
CHILD SUPPORT ORDER THAT EXCEED THE AMOUNT REQUIRED TO BE PAID 19,003
UNDER THE CHILD SUPPORT ORDER, HAVE NOT BEEN IMPOUNDED UNDER 19,004
SECTION 3119.90 OR 3119.92 OF THE REVISED CODE, AND HAVE NOT BEEN 19,006
REPAID TO THE OBLIGOR UNDER THE CHILD SUPPORT ORDER. 19,007
Sec. 3123.821. THE OFFICE OF CHILD SUPPORT CREATED IN THE 19,010
DEPARTMENT OF JOB AND FAMILY SERVICES UNDER SECTION 3125.02 OF
THE REVISED CODE SHALL WORK WITH THE TAX COMMISSIONER TO COLLECT 19,011
THE FOLLOWING:
(A) OVERDUE CHILD SUPPORT FROM REFUNDS OF PAID STATE 19,013
INCOME TAXES UNDER CHAPTER 5747. OF THE REVISED CODE THAT ARE 19,014
PAYABLE TO OBLIGORS;
(B) OVERPAID CHILD SUPPORT FROM REFUNDS OF PAID STATE 19,016
INCOME TAXES UNDER CHAPTER 5747. OF THE REVISED CODE THAT ARE 19,018
PAYABLE TO OBLIGEES.
Sec. 3123.822. NO OVERDUE OR OVERPAID CHILD SUPPORT SHALL 19,020
BE COLLECTED FROM REFUNDS OF PAID STATE INCOME TAXES UNLESS ALL 19,022
OF THE FOLLOWING CONDITIONS ARE MET: 19,023
(A) ANY REDUCTION AUTHORIZED BY SECTION 5747.12 OF THE 19,026
REVISED CODE HAS FIRST BEEN MADE, EXCEPT AS OTHERWISE PROVIDED IN 19,027
434
THIS SECTION. 19,028
(B) THE REFUND PAYABLE TO THE OBLIGOR OR OBLIGEE IS NOT 19,030
LESS THAN TWENTY-FIVE DOLLARS AFTER ANY REDUCTION PURSUANT TO 19,031
SECTION 5747.12 OF THE REVISED CODE. 19,032
(C) EITHER OF THE FOLLOWING APPLIES: 19,034
(1) WITH RESPECT TO OVERDUE CHILD SUPPORT, THE OBLIGOR IS 19,036
NOT LESS THAN THREE MONTHS IN ARREARS IN THE OBLIGOR'S PAYMENT OF 19,038
CHILD SUPPORT, AND THE AMOUNT OF THE ARREARAGE IS NOT LESS THAN 19,039
ONE HUNDRED FIFTY DOLLARS;
(2) WITH RESPECT TO OVERPAID CHILD SUPPORT, THE AMOUNT 19,041
OVERPAID IS NOT LESS THAN ONE HUNDRED FIFTY DOLLARS. 19,042
OVERDUE OR OVERPAID CHILD SUPPORT SHALL BE COLLECTED FROM 19,044
SUCH REFUNDS BEFORE ANY PART OF THE REFUND IS USED AS A 19,045
CONTRIBUTION PURSUANT TO SECTION 5747.113 OF THE REVISED CODE. 19,046
OVERDUE OR OVERPAID CHILD SUPPORT SHALL BE COLLECTED FROM SUCH 19,047
REFUNDS BEFORE THE REFUND OR ANY PART OF THE REFUND IS CREDITED 19,048
AGAINST TAX DUE IN ANY SUBSEQUENT YEAR PURSUANT TO SECTION 19,049
5747.12 OF THE REVISED CODE, NOTWITHSTANDING THE CONSENT OF THE 19,050
OBLIGOR OR OBLIGEE FOR SUCH CREDITING.
Sec. 3123.823. THE DIRECTOR OF JOB AND FAMILY SERVICES, IN 19,052
CONJUNCTION WITH THE TAX COMMISSIONER, SHALL ADOPT RULES, 19,054
PURSUANT TO CHAPTER 119. OF THE REVISED CODE, TO ESTABLISH 19,055
PROCEDURES TO IMPLEMENT SECTIONS 3123.82 TO 3123.823 OF THE
REVISED CODE. THESE PROCEDURES SHALL EMBODY PRINCIPLES OF DUE 19,056
PROCESS OF LAW, INCLUDING, BUT NOT LIMITED TO, NOTICES TO 19,057
INTERESTED PARTIES AND OPPORTUNITIES TO BE HEARD PRIOR TO THE 19,058
REDUCTION OF ANY STATE INCOME TAX REFUND. 19,059
Sec. 5101.326 3123.85. The division OFFICE of child 19,069
support in the department of job and family services may ask the 19,070
secretary of the treasury for, and may enter into a reciprocal 19,072
agreement with the secretary to obtain, administrative offsets to
collect past due child support amounts in accordance with the 19,073
"Debt Collection Improvement Act of 1996," 110 Stat. 1321, 31 19,075
U.S.C. 3716(a) and (h). The director of job and family services 19,077
435
shall adopt rules in accordance with Chapter 119. of the Revised 19,078
Code to establish procedures necessary to receive the
administrative offsets. 19,079
Sec. 3123.87. (A) AS USED IN THIS SECTION, "PRISON," 19,082
"PRISON TERM," AND "JAIL" HAVE THE SAME MEANINGS AS IN SECTION
2929.01 OF THE REVISED CODE. 19,083
(B) NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE, 19,085
INCLUDING SECTIONS 5145.16 AND 5147.30 OF THE REVISED CODE, AND 19,086
EXCEPT AS PROVIDED IN SECTION 3121.08 OF THE REVISED CODE,
TWENTY-FIVE PER CENT OF ANY MONEY EARNED PURSUANT TO SECTION 19,087
5145.16 OR 5147.30 OF THE REVISED CODE BY A PRISONER IN A PRISON 19,088
OR JAIL WHO IS AN OBLIGOR IN DEFAULT UNDER A CHILD SUPPORT ORDER 19,089
ACCORDING TO THE RECORDS OF THE CHILD SUPPORT ENFORCEMENT AGENCY 19,090
ADMINISTERING THE ORDER, SHALL BE PAID TO THE OFFICE OF CHILD 19,091
SUPPORT.
Sec. 5101.327 3123.88. (A) As used in this section, 19,100
"support order" has the same meaning as in section 2301.34 of the 19,103
Revised Code. The requirements of this section are effective on 19,105
the earlier of the date that all support orders have been 19,107
converted to the automated data processing system under section
5101.322 3125.07 of the Revised Code and the division OFFICE of 19,109
child support in the department of job and family services 19,110
authorizes centralized collection and disbursement of support 19,113
amounts under the support order pursuant to the rules adopted
under division (F)(1) of section 5101.325 3121.71 of the Revised 19,115
Code or July 1, 1999. 19,116
(B) The director of commerce shall provide the division 19,118
OFFICE no later than the first day of March of each year, the 19,121
name, address, social security number, if the social security 19,122
number is available, and any other identifying information for 19,123
any individual included in a request sent by the division OFFICE 19,124
pursuant to division (C) of this section who has unclaimed funds 19,126
delivered or reported to the state under Chapter 169. of the 19,127
Revised Code.
436
(C) The division OFFICE shall, no later than the first day 19,129
of February of each year, send to the director of commerce a 19,131
request containing the name, address, and social security number 19,132
of all obligors in default under a support order being 19,133
administered by a child support enforcement agency of this state 19,134
and requests that the director provide information to the
division OFFICE as required in division (B) of this section. If 19,136
the information the director provides identifies or results in 19,137
identifying unclaimed funds held by the state for an obligor in 19,138
default, the division OFFICE shall file a claim under section 19,139
169.08 of the Revised Code to recover the unclaimed funds. If 19,141
the director allows the claim, the director shall pay the claim 19,142
directly to the division OFFICE. The director shall not disallow 19,143
a claim made by the division OFFICE because the division OFFICE 19,144
is not the owner of the unclaimed funds according to the report 19,145
made pursuant to section 169.03 of the Revised Code. 19,146
(D) The director of job and family services, in 19,149
consultation with the department of commerce, may adopt rules in 19,150
accordance with Chapter 119. of the Revised Code to aid in 19,151
implementation of this section.
Sec. 3123.91. AS USED IN SECTIONS 3123.91 TO 3123.932 OF 19,153
THE REVISED CODE, "CONSUMER REPORTING AGENCY" MEANS ANY PERSON 19,154
THAT, FOR MONETARY FEES, DUES, OR ON A COOPERATIVE NONPROFIT 19,155
BASIS, REGULARLY ENGAGES IN WHOLE OR IN PART IN THE PRACTICE OF 19,156
ASSEMBLING OR EVALUATING CONSUMER CREDIT INFORMATION OR OTHER 19,157
INFORMATION ON CONSUMERS FOR THE PURPOSE OF FURNISHING CONSUMER 19,158
REPORTS TO THIRD PARTIES AND THAT USES ANY MEANS OR FACILITY OF 19,159
INTERSTATE COMMERCE FOR THE PURPOSE OF PREPARING OR FURNISHING 19,160
CONSUMER REPORTS.
Sec. 3123.92. IF A COURT OR CHILD SUPPORT ENFORCEMENT 19,162
AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO 19,163
SECTIONS 3123.02 TO 3123.071 OF THE REVISED CODE THAT AN OBLIGOR 19,164
IS IN DEFAULT UNDER A SUPPORT ORDER, THE CHILD SUPPORT 19,165
ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER SHALL CONTACT 19,166
437
AT LEAST ONE CONSUMER REPORTING AGENCY IN THIS STATE AND PROVIDE 19,167
TO THE CONSUMER REPORTING AGENCY THE OBLIGOR'S NAME, ADDRESS, AND 19,168
SOCIAL SECURITY NUMBER OR OTHER IDENTIFICATION NUMBER AND ANY 19,169
OTHER IDENTIFYING INFORMATION CONCERNING THE OBLIGOR THE CHILD 19,170
SUPPORT ENFORCEMENT AGENCY HAS. A CHILD SUPPORT ENFORCEMENT 19,171
AGENCY SHALL NOT CHARGE A CONSUMER REPORTING AGENCY A FEE FOR 19,172
INFORMATION PROVIDED BY THE CHILD SUPPORT ENFORCEMENT AGENCY 19,173
PURSUANT TO THIS SECTION.
Sec. 3123.921. IF A CHILD SUPPORT ENFORCEMENT AGENCY 19,175
CONTACTS A CONSUMER REPORTING AGENCY AND IF THE OBLIGOR PAYS THE 19,176
ENTIRE ARREARAGE UNDER THE SUPPORT ORDER THAT IS THE BASIS FOR 19,177
THE DETERMINATION OF DEFAULT, BOTH OF THE FOLLOWING APPLY: 19,178
(A) THE OBLIGOR MAY GIVE EACH CONSUMER REPORTING AGENCY 19,180
CONTACTED A WRITTEN NOTICE THAT THE ARREARAGE HAS BEEN PAID IN 19,181
FULL AND MAY REQUEST THAT THE CHILD SUPPORT ENFORCEMENT AGENCY 19,182
GIVE EACH CONSUMER REPORTING AGENCY THAT WAS CONTACTED A WRITTEN 19,183
CONFIRMATION THAT THE ARREARAGE HAS BEEN PAID IN FULL. THE 19,184
CONSUMER REPORTING AGENCY SHALL NOT RECORD THE FULL PAYMENT OF 19,185
THE OBLIGOR'S ARREARAGE UNTIL THE CHILD SUPPORT ENFORCEMENT 19,186
AGENCY CONFIRMS THE PAYMENT. 19,187
(B) IF THE OBLIGOR REQUESTS THAT THE CHILD SUPPORT 19,189
ENFORCEMENT AGENCY CONFIRM THAT THE ARREARAGE HAS BEEN PAID IN 19,190
FULL, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL GIVE EACH 19,191
CONSUMER REPORTING AGENCY CONTACTED WRITTEN CONFIRMATION THAT THE 19,193
ARREARAGE HAS BEEN PAID IN FULL.
Sec. 3123.93. ANY CONSUMER REPORTING AGENCY MAY CONTACT 19,195
THE OFFICE OF CHILD SUPPORT AND REQUEST INFORMATION AS TO WHETHER 19,196
A SPECIFIED PERSON IS REQUIRED TO PAY SUPPORT UNDER A SUPPORT 19,197
ORDER. THE REQUEST SHALL INCLUDE THE PERSON'S NAME, THE PERSON'S 19,199
ADDRESS AND SOCIAL SECURITY OR OTHER IDENTIFICATION NUMBER, IF 19,200
KNOWN, AND ANY OTHER IDENTIFYING INFORMATION RELATIVE TO THE 19,201
PERSON THAT IS KNOWN BY THE AGENCY.
Sec. 3123.931. ON RECEIPT OF THE REQUEST, THE OFFICE OF 19,203
CHILD SUPPORT SHALL REVIEW THE CASE REGISTRY CREATED PURSUANT TO 19,204
438
SECTION 3121.81 OF THE REVISED CODE TO DETERMINE IF THE PERSON IS 19,206
REQUIRED TO PAY SUPPORT UNDER A SUPPORT ORDER.
Sec. 3123.932. IF THE OFFICE OF CHILD SUPPORT, ON 19,208
CONDUCTING ITS REVIEW, DETERMINES THAT THE PERSON IS INCLUDED IN 19,209
THE CASE REGISTRY, IT SHALL PROVIDE THE CONSUMER REPORTING AGENCY 19,210
WITH A REPORT THAT SETS FORTH THE NAME OF THE PERSON WHO IS THE 19,211
SUBJECT OF THE REQUEST, A STATEMENT THAT THE PERSON IS REQUIRED 19,212
TO MAKE SUPPORT PAYMENTS UNDER ONE OR MORE SUPPORT ORDERS, THE 19,214
NAME OF THE COURTS OR CHILD SUPPORT ENFORCEMENT AGENCIES THAT 19,215
ISSUED THE SUPPORT ORDERS, THE COUNTIES IN WHICH THOSE COURTS OR 19,216
AGENCIES ARE LOCATED, AND WHETHER ANY OF THE SUPPORT ORDERS ARE 19,217
BEING ADMINISTERED BY A CHILD SUPPORT ENFORCEMENT AGENCY. 19,218
Sec. 3123.95. THE OFFICE OF CHILD SUPPORT IN THE 19,221
DEPARTMENT OF JOB AND FAMILY SERVICES SHALL ESTABLISH A PROGRAM
TO INCREASE CHILD SUPPORT COLLECTIONS BY PUBLISHING AND 19,222
DISTRIBUTING A SERIES OF POSTERS DISPLAYING CHILD SUPPORT 19,223
OBLIGORS WHO ARE DELINQUENT IN THEIR SUPPORT PAYMENTS. 19,224
Sec. 3123.951. ANY CHILD SUPPORT ENFORCEMENT AGENCY THAT 19,226
CHOOSES TO PARTICIPATE IN THE POSTER PROGRAM ESTABLISHED BY THE 19,227
OFFICE OF CHILD SUPPORT MAY SUBMIT NAMES OF OBLIGORS THAT MEET 19,228
THE CRITERIA IN SECTION 3123.952 OF THE REVISED CODE TO THE 19,229
OFFICE. THE OFFICE SHALL SELECT OBLIGORS TO BE DISPLAYED ON A 19,230
POSTER FROM THE NAMES SUBMITTED BY THE AGENCIES. 19,231
Sec. 3123.952. A CHILD SUPPORT ENFORCEMENT AGENCY MAY 19,233
SUBMIT THE NAME OF A DELINQUENT OBLIGOR TO THE OFFICE OF CHILD 19,234
SUPPORT FOR INCLUSION ON A POSTER ONLY IF ALL OF THE FOLLOWING 19,235
APPLY:
(A) THE OBLIGOR IS SUBJECT TO A SUPPORT ORDER AND THERE 19,237
HAS BEEN AN ATTEMPT TO ENFORCE THE ORDER THROUGH A PUBLIC NOTICE, 19,238
A WAGE WITHHOLDING ORDER, A LIEN ON PROPERTY, A FINANCIAL 19,239
INSTITUTION DEDUCTION ORDER, OR OTHER COURT-ORDERED PROCEDURES. 19,240
(B) THE DEPARTMENT OF JOB AND FAMILY SERVICES REVIEWED THE 19,242
OBLIGOR'S RECORDS AND CONFIRMS THE CHILD SUPPORT ENFORCEMENT 19,243
AGENCY'S FINDING THAT THE OBLIGOR'S NAME AND PHOTOGRAPH MAY BE 19,244
439
SUBMITTED TO BE DISPLAYED ON A POSTER. 19,245
(C) THE AGENCY DOES NOT KNOW OR IS UNABLE TO VERIFY THE 19,247
OBLIGOR'S WHEREABOUTS. 19,248
(D) THE OBLIGOR IS NOT A PARTICIPANT IN OHIO WORKS FIRST 19,250
OR THE PREVENTION, RETENTION, AND CONTINGENCY PROGRAM OR A 19,251
RECIPIENT OF DISABILITY ASSISTANCE, SUPPLEMENTAL SECURITY INCOME, 19,252
OR FOOD STAMPS. 19,253
(E) THE CHILD SUPPORT ENFORCEMENT AGENCY DOES NOT HAVE 19,255
EVIDENCE THAT THE OBLIGOR HAS FILED FOR PROTECTION UNDER THE 19,256
FEDERAL BANKRUPTCY CODE, 11 U.S.C.A. 101, AS AMENDED. 19,257
(F) THE OBLIGEE GAVE WRITTEN AUTHORIZATION TO THE AGENCY 19,259
TO DISPLAY THE OBLIGOR ON A POSTER. 19,260
(G) A LEGAL REPRESENTATIVE OF THE AGENCY AND A CHILD 19,262
SUPPORT ENFORCEMENT ADMINISTRATOR REVIEWED THE CASE. 19,263
(H) THE AGENCY IS ABLE TO SUBMIT TO THE DEPARTMENT A 19,265
DESCRIPTION AND PHOTOGRAPH OF THE OBLIGOR, A STATEMENT OF THE 19,266
POSSIBLE LOCATIONS OF THE OBLIGOR, AND ANY OTHER INFORMATION 19,267
REQUIRED BY THE DEPARTMENT. 19,268
Sec. 3123.953. WHEN A CHILD SUPPORT ENFORCEMENT AGENCY 19,271
SUBMITS THE NAME OF AN OBLIGOR TO THE OFFICE OF CHILD SUPPORT 19,272
UNDER SECTION 3123.951 OF THE REVISED CODE, IT ALSO SHALL SUBMIT
THE PHOTOGRAPH AND INFORMATION DESCRIBED IN DIVISION (H) OF 19,274
SECTION 3123.952 OF THE REVISED CODE.
Sec. 3123.954. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 19,276
NOT SUBMIT TO THE OFFICE OF CHILD SUPPORT THE ADDRESS OF THE 19,277
OBLIGEE OR ANY OTHER PERSONAL INFORMATION ABOUT THE OBLIGEE WHEN 19,278
THE AGENCY SUBMITS THE NAME OF THE OBLIGOR UNDER SECTION 3123.951 19,279
OF THE REVISED CODE.
Sec. 3123.955. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 19,281
DETERMINE WHETHER ANY OBLIGOR WHOSE NAME WAS SUBMITTED TO BE 19,282
DISPLAYED ON A POSTER HAS MET ALL THE CONDITIONS OF SECTION 19,283
3123.956 OF THE REVISED CODE. IF IT DETERMINES THAT AN OBLIGOR 19,284
HAS DONE SO, IT SHALL GIVE THE OFFICE OF CHILD SUPPORT NOTICE OF 19,285
ITS DETERMINATION. ON RECEIPT OF THE NOTICE FROM THE AGENCY, THE 19,286
440
OFFICE SHALL REMOVE THE OBLIGOR FROM THE LIST OF OBLIGORS 19,287
SUBMITTED BY THAT AGENCY BEFORE MAKING THE FINAL SELECTION OF 19,288
OBLIGORS FOR THE POSTER.
Sec. 3123.956. THE OFFICE OF CHILD SUPPORT SHALL SEND 19,290
NOTICE TO EACH OBLIGOR WHOSE NAME WAS SUBMITTED TO BE DISPLAYED 19,291
ON THE POSTER CREATED BY THE OFFICE. THE NOTICE SHALL BE SENT BY 19,293
REGULAR MAIL TO THE OBLIGOR'S LAST KNOWN ADDRESS AND SHALL STATE 19,294
THAT THE OBLIGOR MAY AVOID BEING INCLUDED ON THE POSTER BY DOING 19,295
ALL OF THE FOLLOWING WITHIN NINETY DAYS AFTER RECEIPT OF THE 19,296
NOTICE:
(A) MAKE A PAYMENT TO THE OFFICE OF CHILD SUPPORT OR, 19,299
PURSUANT TO SECTIONS 3125.27 TO 3125.30 OF THE REVISED CODE, TO
THE CHILD SUPPORT ENFORCEMENT AGENCY THAT IS AT LEAST EQUAL TO 19,301
THE AMOUNT OF SUPPORT THE OBLIGOR IS REQUIRED TO PAY EACH MONTH 19,302
UNDER THE SUPPORT ORDER;
(B) PROVIDE THE CHILD SUPPORT ENFORCEMENT AGENCY WITH THE 19,304
OBLIGOR'S CURRENT ADDRESS; 19,305
(C) PROVIDE THE AGENCY WITH EVIDENCE FROM EACH OF THE 19,307
OBLIGOR'S CURRENT EMPLOYERS OF THE OBLIGOR'S CURRENT WAGES, 19,308
SALARY, AND OTHER COMPENSATION; 19,309
(D) PROVIDE THE AGENCY WITH EVIDENCE THAT THE OBLIGOR HAS 19,311
ARRANGED FOR WITHHOLDING FROM THE OBLIGOR'S WAGES, SALARY, OR 19,312
OTHER COMPENSATION TO PAY SUPPORT AND FOR PAYMENT OF ARREARAGES. 19,313
Sec. 3123.957. EACH POSTER CREATED BY THE OFFICE OF CHILD 19,315
SUPPORT SHALL DISPLAY PHOTOGRAPHS OF, AND INFORMATION ABOUT, TEN 19,316
OBLIGORS WHO ARE LIABLE FOR SUPPORT ARREARAGES AND WHOSE 19,317
WHEREABOUTS ARE UNKNOWN TO CHILD SUPPORT ENFORCEMENT AGENCIES. 19,318
EACH POSTER SHALL LIST A TOLL-FREE TELEPHONE NUMBER FOR THE 19,319
OFFICE THAT MAY BE CALLED TO REPORT INFORMATION REGARDING THE 19,320
WHEREABOUTS OF ANY OF THE OBLIGORS DISPLAYED ON A POSTER. THE 19,321
OFFICE MAY INCLUDE ANY OTHER INFORMATION ON THE POSTER THAT IT 19,322
CONSIDERS APPROPRIATE. 19,323
Sec. 3123.958. THE OFFICE OF CHILD SUPPORT SHALL PUBLISH 19,325
AND DISTRIBUTE THE FIRST SET OF POSTERS THROUGHOUT THE STATE NOT 19,326
441
LATER THAN OCTOBER 1, 1992. THE OFFICE SHALL PUBLISH AND 19,327
DISTRIBUTE SUBSEQUENT SETS OF POSTERS NOT LESS THAN TWICE 19,328
ANNUALLY.
Sec. 3123.959. THE OFFICE OF CHILD SUPPORT SHALL USE FUNDS 19,330
APPROPRIATED BY THE GENERAL ASSEMBLY FOR CHILD SUPPORT 19,331
ADMINISTRATION TO CONDUCT THE POSTER PROGRAM UNDER SECTIONS 19,332
3123.95 TO 3123.9510 OF THE REVISED CODE.
Sec. 3123.9510. IN ACCORDANCE WITH CHAPTER 119. OF THE 19,334
REVISED CODE, THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL ADOPT 19,335
RULES FOR THE OPERATION OF THE POSTER PROGRAM ESTABLISHED BY THE 19,337
OFFICE. THE RULES SHALL SPECIFY THE FOLLOWING: 19,338
(A) CRITERIA AND PROCEDURES FOR THE OFFICE TO USE IN 19,340
REVIEWING THE NAMES OF OBLIGORS SUBMITTED BY CHILD SUPPORT 19,341
ENFORCEMENT AGENCIES TO BE DISPLAYED ON A POSTER AND IN SELECTING 19,342
THE DELINQUENT OBLIGORS TO BE INCLUDED ON A POSTER; 19,343
(B) PROCEDURES FOR PROVIDING THE NOTICE SPECIFIED IN 19,345
SECTION 3123.956 OF THE REVISED CODE; 19,346
(C) ANY OTHER PROCEDURES NECESSARY FOR THE OPERATION OF 19,348
THE POSTER PROGRAM. 19,349
Sec. 3123.96. A CHILD SUPPORT ENFORCEMENT AGENCY MAY 19,351
ESTABLISH A PROGRAM TO INCREASE CHILD SUPPORT COLLECTIONS BY 19,352
PUBLISHING AND DISTRIBUTING A SERIES OF POSTERS DISPLAYING CHILD 19,353
SUPPORT OBLIGORS WHO ARE DELINQUENT IN THEIR SUPPORT PAYMENTS. 19,354
Sec. 3123.961. EACH POSTER DESCRIBED IN SECTION 3123.96 OF 19,356
THE REVISED CODE SHALL DISPLAY PHOTOGRAPHS OF, AND INFORMATION 19,357
ABOUT, TEN OBLIGORS WHO ARE LIABLE FOR SUPPORT ARREARAGES AND 19,358
WHOSE WHEREABOUTS ARE UNKNOWN TO THE CHILD SUPPORT ENFORCEMENT 19,359
AGENCY. EACH POSTER SHALL LIST A TOLL-FREE TELEPHONE NUMBER THAT 19,361
MAY BE CALLED TO REPORT INFORMATION REGARDING THE WHEREABOUTS OF 19,362
ANY OF THE OBLIGORS DISPLAYED ON THE POSTER. THE AGENCY MAY 19,363
INCLUDE ANY OTHER INFORMATION ON THE POSTER THAT IT CONSIDERS 19,364
APPROPRIATE.
Sec. 3123.962. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 19,366
SELECT OBLIGORS FOR INCLUSION ON A POSTER FROM OBLIGORS THAT MEET 19,367
442
THE CRITERIA IN SECTION 3123.952 OF THE REVISED CODE. THE AGENCY 19,368
SHALL SEND NOTICE TO EACH OBLIGOR WHOSE NAME IS BEING CONSIDERED 19,369
FOR DISPLAY ON A POSTER. THE NOTICE SHALL BE SENT BY REGULAR 19,370
MAIL TO THE OBLIGOR'S LAST KNOWN ADDRESS AND SHALL INCLUDE THE 19,371
INFORMATION SPECIFIED IN SECTION 3123.956 OF THE REVISED CODE. 19,372
Sec. 3123.99. WHOEVER VIOLATES SECTION 3123.20 OF THE 19,374
REVISED CODE SHALL BE FINED NOT LESS THAN FIFTY NOR MORE THAN TWO 19,375
HUNDRED DOLLARS AND IMPRISONED NOT LESS THAN TEN NOR MORE THAN 19,376
THIRTY DAYS.
Sec. 3125.01. AS USED IN THIS CHAPTER, "TITLE IV-D CASE" 19,381
MEANS ANY CASE IN WHICH THE CHILD SUPPORT ENFORCEMENT AGENCY IS 19,382
ENFORCING THE CHILD SUPPORT ORDER PURSUANT TO TITLE IV-D OF THE 19,385
"SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651, AS 19,390
AMENDED.
Sec. 3125.02. THE OFFICE OF CHILD SUPPORT IS HEREBY 19,392
CREATED IN THE DEPARTMENT OF JOB AND FAMILY SERVICES. 19,393
Sec. 3125.03. THE OFFICE OF CHILD SUPPORT SHALL ESTABLISH 19,396
AND ADMINISTER A PROGRAM OF CHILD SUPPORT ENFORCEMENT THAT MEETS 19,397
THE REQUIREMENTS OF TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 19,398
STAT. 2351 (1975), 42 U.S.C. 651, AS AMENDED, AND ANY RULES 19,400
ADOPTED UNDER TITLE IV-D. THE PROGRAM OF CHILD SUPPORT 19,402
ENFORCEMENT SHALL INCLUDE THE LOCATION OF ABSENT PARENTS, 19,403
ESTABLISHMENT OF PARENTAGE, ESTABLISHMENT AND MODIFICATION OF 19,404
CHILD SUPPORT ORDERS AND MEDICAL SUPPORT ORDERS, ENFORCEMENT OF 19,405
SUPPORT ORDERS, COLLECTION OF SUPPORT OBLIGATIONS, AND ANY OTHER 19,406
ACTIONS APPROPRIATE TO CHILD SUPPORT ENFORCEMENT. 19,407
ABSENT PARENTS SHALL BE LOCATED FOR ANY PURPOSE UNDER THE 19,410
CHILD SUPPORT ENFORCEMENT PROGRAM AND FOR PURPOSES OF 19,411
ESTABLISHING AND ENFORCING ORDERS ALLOCATING PARENTAL RIGHTS AND
RESPONSIBILITIES BETWEEN PARENTS CONCERNING THEIR CHILDREN AND 19,412
ESTABLISHING AND ENFORCING PARENTING TIME ORDERS CONCERNING THE 19,413
CHILDREN.
Sec. 3125.04. AS PART OF ITS EFFORTS TO ESTABLISH 19,415
PARENTAGE, THE OFFICE OF CHILD SUPPORT SHALL DEVELOP A PROGRAM TO 19,417
443
PUBLICIZE THE STATE PROCEDURES FOR ESTABLISHING THE EXISTENCE OF
A PARENT AND CHILD RELATIONSHIP AND THE ADVANTAGES OF 19,418
ESTABLISHING SUCH A RELATIONSHIP. THE OFFICE MAY REQUIRE ANY 19,419
BOARD, COMMISSION, OR AGENCY OF THE STATE TO PARTICIPATE IN THE 19,420
PUBLICITY PROGRAM.
Sec. 3125.05. THE OFFICE OF CHILD SUPPORT SHALL ESTABLISH, 19,422
BY RULE ADOPTED PURSUANT TO CHAPTER 119. OF THE REVISED CODE, A 19,423
PROGRAM OF SPOUSAL SUPPORT ENFORCEMENT IN CONJUNCTION WITH CHILD 19,424
SUPPORT ENFORCEMENT. THE PROGRAM SHALL CONFORM, TO THE EXTENT 19,425
PRACTICABLE, TO THE PROGRAM FOR CHILD SUPPORT ENFORCEMENT 19,426
ESTABLISHED PURSUANT TO SECTION 3125.03 OF THE REVISED CODE. 19,427
Sec. 3125.06. THE DEPARTMENT OF JOB AND FAMILY SERVICES 19,429
SHALL ENTER INTO AN AGREEMENT WITH THE SECRETARY OF HEALTH AND 19,431
HUMAN SERVICES, AS AUTHORIZED BY THE "PARENTAL KIDNAPPING 19,432
PREVENTION ACT OF 1980," 94 STAT. 3572, 42 U.S.C. 663, AS 19,434
AMENDED, UNDER WHICH THE SERVICES OF THE PARENT LOCATER SERVICE 19,435
ESTABLISHED PURSUANT TO TITLE IV-D OF THE "SOCIAL SECURITY ACT," 19,437
88 STAT. 2351 (1975), 42 U.S.C. 651, AS AMENDED, ARE MADE 19,439
AVAILABLE TO THIS STATE FOR THE FOLLOWING PURPOSES: 19,440
(A) DETERMINING THE WHEREABOUTS OF ANY ABSENT PARENT OR 19,443
CHILD IN ORDER TO ENFORCE A LAW WITH RESPECT TO THE UNLAWFUL
TAKING OR RESTRAINT OF A CHILD; 19,444
(B) MAKING OR ENFORCING A DETERMINATION AS TO THE 19,447
ALLOCATION, BETWEEN THE PARENTS OF A CHILD, OF THE PARENTAL 19,448
RIGHTS AND RESPONSIBILITIES FOR THE CARE OF A CHILD AND THE 19,449
DESIGNATION OF THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF A 19,450
CHILD OR OTHERWISE AS TO THE CUSTODY OF A CHILD; 19,451
(C) MAKING OR ENFORCING A PARENTING TIME ORDER WITH 19,453
RESPECT TO A CHILD. 19,454
Sec. 5101.322 3125.07. (A) The department of job and 19,463
family services shall establish and maintain a statewide, 19,465
automated data processing system in compliance with Title IV-D of 19,467
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, 19,468
as amended by the "Personal Responsibility and Work Opportunity 19,469
444
Reconciliation Act of 1996," 110 Stat. 2105, to support the 19,471
enforcement of child support that shall be implemented in every 19,472
county. Every county shall accept the automated system and, in 19,474
accordance with the written instructions of the department for 19,475
the implementation of the automated system, shall convert to the 19,476
automated system all records that are maintained by any county 19,477
entity and that are related to any case for which a local agency 19,478
is enforcing a child support order in accordance with Title IV-D 19,479
of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 19,480
651, as amended by the "Personal Responsibility and Work 19,481
Reconciliation Act of 1996," 110 Stat. 2105. 19,482
(B) The director of job and family services shall adopt 19,485
rules pursuant to Chapter 119. of the Revised Code concerning 19,486
access to, and use of, data maintained in the automated system 19,487
that do the following:
(1) Permit access to and use of data only to the extent 19,489
necessary to carry out programs under Title IV-D of the "Social 19,491
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by 19,492
the "Personal Responsibility and Work Opportunity Reconciliation 19,493
Act of 1996," 110 Stat. 2105, and specify the data that may be 19,494
used for particular program purposes, and the personnel permitted 19,495
access to the data; 19,496
(2) Require monitoring of access to and use of the 19,498
automated system to prevent and promptly identify unauthorized 19,499
use; 19,500
(3) Establish procedures to ensure that all personnel who 19,502
may have access to or be required to use data are informed of 19,503
applicable requirements and penalties and have been trained in 19,504
security procedures; 19,505
(4) Establish administrative penalties, up to and 19,506
including dismissal from employment, for unauthorized access to, 19,507
or disclosure or use of, data. 19,508
Sec. 3125.08. THE DIRECTOR OF JOB AND FAMILY SERVICES 19,510
SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE 19,513
445
CONCERNING ACCESS TO, AND USE OF, DATA MAINTAINED IN THE 19,514
AUTOMATED SYSTEM ESTABLISHED PURSUANT TO SECTION 3125.07 OF THE 19,515
REVISED CODE THAT DO THE FOLLOWING:
(A) PERMIT ACCESS TO AND USE OF DATA ONLY TO THE EXTENT 19,517
NECESSARY TO CARRY OUT PROGRAMS UNDER TITLE IV-D OF THE "SOCIAL 19,520
SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651, AS AMENDED, 19,522
AND SPECIFY THE DATA THAT MAY BE USED FOR PARTICULAR PROGRAM 19,524
PURPOSES, AND THE PERSONNEL PERMITTED ACCESS TO THE DATA; 19,525
(B) REQUIRE MONITORING OF ACCESS TO AND USE OF THE 19,527
AUTOMATED SYSTEM TO PREVENT AND PROMPTLY IDENTIFY UNAUTHORIZED 19,528
USE; 19,529
(C) ESTABLISH PROCEDURES TO ENSURE THAT ALL PERSONNEL WHO 19,531
MAY HAVE ACCESS TO OR BE REQUIRED TO USE DATA ARE INFORMED OF 19,532
APPLICABLE REQUIREMENTS AND PENALTIES AND HAVE BEEN TRAINED IN 19,533
SECURITY PROCEDURES; 19,534
(D) ESTABLISH ADMINISTRATIVE PENALTIES, UP TO AND 19,536
INCLUDING DISMISSAL FROM EMPLOYMENT, FOR UNAUTHORIZED ACCESS TO, 19,537
OR DISCLOSURE OR USE OF, DATA. 19,538
Sec. 3125.10. EACH COUNTY SHALL HAVE A CHILD SUPPORT 19,541
ENFORCEMENT AGENCY. A GOVERNMENT ENTITY DESIGNATED UNDER FORMER 19,543
SECTION 2301.35 OF THE REVISED CODE PRIOR TO OCTOBER 1, 1997, OR 19,544
A PRIVATE OR GOVERNMENT ENTITY DESIGNATED UNDER SECTION 307.981 19,545
OF THE REVISED CODE ON OR AFTER THAT DATE MAY SERVE AS A COUNTY'S 19,547
CHILD SUPPORT ENFORCEMENT AGENCY. 19,548
Sec. 3125.11. THE CHILD SUPPORT ENFORCEMENT AGENCY FOR A 19,550
COUNTY IS THE LOCAL TITLE IV-D AGENCY FOR THE COUNTY AND SHALL 19,552
OPERATE A PROGRAM FOR SUPPORT ENFORCEMENT IN THE COUNTY THAT 19,553
COMPLIES WITH TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 19,556
2351 (1975), 42 U.S.C. 651, AS AMENDED, ANY RULES ADOPTED
PURSUANT TO THAT TITLE, AND STATE LAW. EACH CHILD SUPPORT 19,558
ENFORCEMENT AGENCY SHALL BE BE RESPONSIBLE IN THE COUNTY IT 19,562
SERVES FOR THE ENFORCEMENT OF SUPPORT ORDERS AND SHALL PERFORM 19,563
ALL ADMINISTRATIVE DUTIES RELATED TO THE ENFORCEMENT OF ANY 19,564
SUPPORT ORDER. 19,565
446
Sec. 3125.12. EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL 19,568
ENTER INTO A PLAN OF COOPERATION WITH THE BOARD OF COUNTY 19,569
COMMISSIONERS UNDER SECTION 307.983 OF THE REVISED CODE AND 19,570
COMPLY WITH THE PARTNERSHIP AGREEMENT THE BOARD ENTERS INTO UNDER 19,572
SECTION 307.98 AND CONTRACTS THE BOARD ENTERS INTO UNDER SECTIONS
307.981 AND 307.982 OF THE REVISED CODE THAT AFFECT THE AGENCY. 19,574
Sec. 3125.13. EACH CHILD SUPPORT ENFORCEMENT AGENCY MAY 19,576
ENTER INTO CONTRACTS WITH PUBLIC AGENCIES AND PRIVATE VENDORS FOR 19,577
ASSISTANCE IN ESTABLISHING PATERNITY OR SUPPORT OBLIGATIONS, OR 19,578
FOR THE PERFORMANCE OF OTHER ADMINISTRATIVE DUTIES OF THE AGENCY. 19,579
EACH CHILD SUPPORT ENFORCEMENT AGENCY MAY CONTRACT WITH A 19,580
COLLECTION AGENT FOR THE COLLECTION OF ARREARAGES OWED UNDER 19,582
CHILD SUPPORT ORDERS BEING ADMINISTERED BY THE AGENCY. IF THE 19,583
DEPARTMENT OF JOB AND FAMILY SERVICES OR A CHILD SUPPORT
ENFORCEMENT AGENCY CONTRACTS WITH A COLLECTION AGENT FOR THE 19,584
COLLECTION OF ARREARAGES, THE COLLECTION AGENT IS NOT REQUIRED TO 19,585
BE LICENSED AS A PRIVATE INVESTIGATOR UNDER CHAPTER 4749. OF THE 19,586
REVISED CODE. BEFORE ENTERING INTO A CONTRACT FOR ASSISTANCE IN 19,587
ESTABLISHING PATERNITY OR SUPPORT OBLIGATIONS, FOR OTHER 19,589
ADMINISTRATIVE SERVICES, OR FOR THE COLLECTION OF ARREARAGES BY A 19,590
COLLECTION AGENT, A CHILD SUPPORT ENFORCEMENT AGENCY SHALL COMPLY 19,591
WITH SECTIONS 307.86 TO 307.92 OF THE REVISED CODE AND ANY RULES 19,592
ADOPTED BY THE DIRECTOR OF JOB AND FAMILY SERVICES PURSUANT TO 19,593
SECTION 3125.25 OF THE REVISED CODE.
Sec. 3125.14. EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL 19,596
ENTER INTO WRITTEN AGREEMENTS WITH THE COURTS, THE PROSECUTING 19,597
ATTORNEY, AND LAW ENFORCEMENT OFFICIALS OF THE COUNTY IT SERVES 19,598
THAT ESTABLISH COOPERATIVE WORKING ARRANGEMENTS AND SPECIFY AREAS 19,599
OF RESPONSIBILITY FOR THE ENFORCEMENT OF SUPPORT AMONG THE 19,600
AGENCY, COURTS, AND OFFICIALS. THE AGREEMENTS SHALL PROVIDE FOR 19,601
THE REIMBURSEMENT OF THE COURTS AND LAW ENFORCEMENT OFFICIALS FOR 19,602
THE RESPONSIBILITIES THEY ASSUME AND ACTIONS THEY UNDERTAKE 19,603
PURSUANT TO SUCH AGREEMENTS.
Sec. 3125.15. A CHILD SUPPORT ENFORCEMENT AGENCY SHALL 19,605
447
MAINTAIN RECORDS OF SUPPORT ORDERS BEING ADMINISTERED OR 19,606
OTHERWISE HANDLED BY THE AGENCY PURSUANT TO SECTIONS 3121.81 TO 19,608
3121.86 OF THE REVISED CODE.
Sec. 3125.16. EACH OBLIGOR AND EACH OBLIGEE UNDER A 19,610
SUPPORT ORDER MAY REVIEW ALL RECORDS MAINTAINED UNDER SECTION 19,612
3125.15 OF THE REVISED CODE THAT PERTAIN TO THE SUPPORT ORDER AND
ANY OTHER INFORMATION MAINTAINED BY THE CHILD SUPPORT ENFORCEMENT 19,614
AGENCY, EXCEPT TO THE EXTENT PROHIBITED BY STATE OR FEDERAL LAW. 19,615
Sec. 2301.354 3125.17. Without the authorization of the 19,624
court of common pleas or the consent of the prosecuting attorney 19,626
and without engaging in competitive bidding to obtain the legal 19,627
services, any child support enforcement agency may employ, 19,628
through its appointing authority, staff attorneys to advise,
assist, and represent the agency in its performance of its 19,629
functions pertaining to the enforcement of support orders. The 19,630
option to employ the staff attorneys shall be in addition to any 19,631
other options available to the agency to obtain necessary legal 19,632
services in connection with its performance of its functions
pertaining to the enforcement of support orders, including the 19,633
use of legal services provided by the prosecuting attorney 19,634
pursuant to contract or otherwise or the obtaining of legal 19,635
services through a competitive bidding process. 19,636
Sec. 3125.19. THE BOARD OF COUNTY COMMISSIONERS OF EACH 19,638
COUNTY SHALL BUDGET AND APPROPRIATE TO THE CHILD SUPPORT 19,639
ENFORCEMENT AGENCY SERVING THE COUNTY BOTH OF THE FOLLOWING: 19,640
(A) ALL FEDERAL MONEY PAYABLE TO THE AGENCY ON THE BASIS 19,643
OF ITS SUCCESS IN IMPLEMENTING ACTIVITIES RELATED TO CHILD 19,645
SUPPORT ENFORCEMENT UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT; 19,647
(B) ANY FUNDS THAT MAY BE RECEIVED FROM OTHER FEDERAL OR 19,649
STATE SOURCES FOR THE AGENCY. 19,650
Sec. 3125.20. A BOARD OF COUNTY COMMISSIONERS MAY REQUEST 19,652
THAT THE DEPARTMENT OF JOB AND FAMILY SERVICES GRANT A WAIVER OF 19,653
THE REQUIREMENT THAT THE MONEY SPECIFIED IN DIVISION (A) OF 19,654
SECTION 3125.19 OF THE REVISED CODE BE BUDGETED AND APPROPRIATED 19,656
448
TO THE CHILD SUPPORT ENFORCEMENT AGENCY IF THE BOARD CAN 19,657
DEMONSTRATE, BY MEETING CRITERIA ESTABLISHED BY THE DEPARTMENT, 19,658
THAT THE AGENCY IS EFFECTIVELY USING PROCEDURES FOR ESTABLISHING 19,659
PATERNITY, MEETING THE MANDATED SERVICE NEEDS OF CLIENTS, AND 19,660
COMPLYING WITH ALL APPLICABLE STATE AND FEDERAL SUPPORT RULES AND 19,661
REGULATIONS.
Sec. 3125.21. ALL MONEYS RECEIVED FROM THE FEDERAL OR 19,663
STATE GOVERNMENT FOR REIMBURSEMENT FOR SUPPORT ENFORCEMENT 19,664
ACTIVITIES SHALL BE USED SOLELY FOR SUPPORT ENFORCEMENT 19,665
ACTIVITIES.
Sec. 3125.22. A CHILD SUPPORT ENFORCEMENT AGENCY MAY 19,667
INVEST ANY OF THE MONEYS COLLECTED PURSUANT TO THE PERFORMANCE OF 19,668
ITS DUTIES UNDER CHAPTERS 3111., 3119., 3121., 3123., AND 3125. 19,669
OF THE REVISED CODE IN A REPURCHASE AGREEMENT IN WHICH A BANK 19,671
AGREES TO SELL SHORT-TERM FEDERALLY GUARANTEED SECURITIES WITH AN 19,672
OBLIGATION OF THE BANK TO REPURCHASE THE SECURITIES. ALL 19,673
INTEREST DERIVED PURSUANT TO INVESTMENTS MADE UNDER THIS SECTION 19,674
SHALL BE RETAINED BY THE AGENCY AND USED SOLELY FOR SUPPORT 19,675
ENFORCEMENT ACTIVITIES. 19,676
Sec. 3125.24. EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL 19,680
BE OPERATED UNDER THE SUPERVISION OF THE DEPARTMENT OF JOB AND 19,681
FAMILY SERVICES IN ACCORDANCE WITH THE PROGRAM OF CHILD SUPPORT 19,682
ENFORCEMENT ESTABLISHED PURSUANT TO SECTION 3125.03 OF THE 19,683
REVISED CODE.
THE DEPARTMENT SHALL ENSURE THAT ALL CHILD SUPPORT 19,686
ENFORCEMENT AGENCIES COMPLY WITH ALL APPLICABLE STATE AND FEDERAL 19,687
SUPPORT REGULATIONS, INCLUDING THE AFFIRMATIVE DUTIES OF TITLE 19,689
IV-D OF THE SOCIAL SECURITY ACT. 19,690
Sec. 3125.25. THE DIRECTOR OF JOB AND FAMILY SERVICES 19,693
SHALL ADOPT RULES UNDER CHAPTER 119. OF THE REVISED CODE
GOVERNING THE OPERATION OF SUPPORT ENFORCEMENT BY CHILD SUPPORT 19,695
ENFORCEMENT AGENCIES. THE RULES SHALL INCLUDE, BUT SHALL NOT BE 19,696
LIMITED TO, PROVISIONS RELATING TO PLANS OF COOPERATION BETWEEN
THE AGENCIES AND BOARDS OF COUNTY COMMISSIONERS ENTERED INTO 19,697
449
UNDER SECTION 3125.12 OF THE REVISED CODE, REQUIREMENTS FOR 19,698
PUBLIC HEARINGS BY THE AGENCIES, AND PROVISIONS FOR APPEALS OF 19,699
AGENCY DECISIONS UNDER PROCEDURES ESTABLISHED BY THE DIRECTOR. 19,700
Sec. 3125.27. EXCEPT AS PROVIDED IN SECTIONS 3123.14, 19,703
3123.73, 3125.28, AND 3125.29 OF THE REVISED CODE, NO CHILD 19,704
SUPPORT ENFORCEMENT AGENCY SHALL COLLECT ANY SUPPORT AMOUNTS DUE 19,705
UNDER A SUPPORT ORDER AS PART OF ITS DUTIES TO ENFORCE SUPPORT 19,706
ORDERS.
Sec. 3125.28. (A) NOTWITHSTANDING ANY OTHER SECTION OF 19,708
THE REVISED CODE AND EXCEPT AS PROVIDED IN SECTION 3125.29 OF THE 19,711
REVISED CODE, A CHILD SUPPORT ENFORCEMENT AGENCY SHALL COLLECT
AND DISBURSE ALL SUPPORT AMOUNTS UNDER A SUPPORT ORDER IT IS 19,714
ADMINISTERING PURSUANT TO LAW AS IT EXISTED PRIOR TO JANUARY 1, 19,717
1998, AND SHALL COLLECT THE ADDITIONAL AMOUNT IMPOSED UNDER 19,718
DIVISION (G)(1) OF SECTION 2301.35 OF THE REVISED CODE AS IT 19,719
EXISTED PRIOR TO JANUARY 1, 1998, UNTIL THE SUPPORT ORDER IS 19,722
CONVERTED TO THE AUTOMATED DATA PROCESSING SYSTEM UNDER SECTION 19,723
3125.07 OF THE REVISED CODE AND THE OFFICE OF CHILD SUPPORT 19,725
AUTHORIZES CENTRALIZED COLLECTION AND DISBURSEMENT OF SUPPORT 19,726
AMOUNTS UNDER THE SUPPORT ORDER PURSUANT TO THE RULES ADOPTED 19,727
UNDER SECTION 3121.71 OF THE REVISED CODE. 19,728
(B) NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE 19,731
AND EXCEPT AS PROVIDED IN SECTION 3125.29 OF THE REVISED CODE, 19,732
THE AGENCY ADMINISTERING THE SUPPORT ORDER SHALL COLLECT THE 19,733
AMOUNTS PERMITTED TO BE COLLECTED, AND PERFORM OTHER DUTIES
REQUIRED, WITH RESPECT TO THE SUPPORT ORDER PURSUANT TO DIVISION 19,734
(D)(1) OF SECTION 2301.373, DIVISION (B)(3)(a) OF SECTION 19,736
2301.374, DIVISIONS (E)(4)(b), (F), AND (I) OF SECTION 3111.23, 19,738
DIVISION (E) OF SECTION 3111.99, DIVISIONS (G)(4)(b), (H)(3), AND 19,741
(K) OF SECTION 3113.21, DIVISION (B) OF SECTION 3113.212, 19,742
DIVISION (E) OF SECTION 3113.99, AND DIVISION (A)(3) OF SECTION 19,744
5101.323 OF THE REVISED CODE AS THOSE SECTIONS EXISTED PRIOR TO 19,747
JANUARY 1, 1998, AND THE AGENCY SHALL COLLECT THE AMOUNTS 19,749
PERMITTED TO BE COLLECTED BY THE OFFICE OF CHILD SUPPORT, AND 19,750
450
PERFORM OTHER DUTIES REQUIRED OF THE OFFICE, WITH RESPECT TO THE
SUPPORT ORDER PURSUANT TO SECTION 3123.62 AND SECTION 3123.72 OF 19,753
THE REVISED CODE, UNTIL THE SUPPORT ORDER IS CONVERTED AND 19,754
AUTHORIZATION FOR CENTRALIZED COLLECTION AND DISBURSEMENT IS 19,755
GIVEN. 19,756
Sec. 3125.29. (A) AFTER CONVERSION OCCURS AND 19,758
AUTHORIZATION FOR CENTRALIZED COLLECTION AND DISBURSEMENT IS 19,759
GRANTED AS DESCRIBED IN SECTION 3125.28 OF THE REVISED CODE, A 19,760
CHILD SUPPORT ENFORCEMENT AGENCY MAY CONTINUE TO COLLECT THE 19,762
FOLLOWING AMOUNTS FROM OBLIGORS WHO PAY THE AMOUNTS IN PERSON AT 19,763
THE OFFICE OF THE AGENCY:
(1) CURRENT SUPPORT AMOUNTS AND ARREARAGES DUE UNDER A 19,766
SUPPORT ORDER BEING ADMINISTERED BY THE AGENCY AND THE ADDITIONAL 19,767
AMOUNT IMPOSED PURSUANT TO SECTION 3119.27 OF THE REVISED CODE 19,768
WITH RESPECT TO THE ORDER; 19,769
(2) AMOUNTS COLLECTED PURSUANT TO SECTIONS 3121.59, 19,772
3123.45, 3123.56, 3123.62, DIVISION (B) OF SECTION 3123.72, AND 19,774
SECTION 3123.956 OF THE REVISED CODE. 19,775
(B) ALL AMOUNTS COLLECTED PURSUANT TO DIVISION (A) OF THIS 19,778
SECTION SHALL BE FORWARDED TO THE OFFICE OF CHILD SUPPORT NO 19,779
LATER THAN ONE DAY AFTER RECEIPT OF THE AMOUNTS. 19,780
Sec. 3125.30. AMOUNTS COLLECTED BY A COLLECTION AGENT THAT 19,782
HAS A CONTRACT WITH A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT 19,783
TO SECTION 3125.13 OF THE REVISED CODE SHALL BE PAID TO THE 19,785
OFFICE OF CHILD SUPPORT. THE AGENCY SHALL FORWARD ANY AMOUNTS 19,786
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 19,788
AMOUNTS.
Sec. 3125.36. (A) SUBJECT TO DIVISION (B) OF THIS 19,790
SECTION, ALL SUPPORT ORDERS THAT ARE ADMINISTERED BY A CHILD 19,792
SUPPORT ENFORCEMENT AGENCY DESIGNATED UNDER SECTION 307.981 OF 19,793
THE REVISED CODE OR FORMER SECTION 2301.35 OF THE REVISED CODE 19,794
AND ARE ELIGIBLE FOR TITLE IV-D SERVICES SHALL BE TITLE IV-D 19,797
CASES UNDER TITLE IV-D OF THE "SOCIAL SECURITY ACT." SUBJECT TO 19,799
451
DIVISION (B) OF THIS SECTION, ALL OBLIGEES OF SUPPORT ORDERS 19,800
ADMINISTERED BY THE AGENCY SHALL BE CONSIDERED TO HAVE FILED A 19,802
SIGNED APPLICATION FOR TITLE IV-D SERVICES.
(B) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, A 19,805
COURT THAT ISSUES OR MODIFIES A SUPPORT ORDER SHALL REQUIRE THE 19,806
OBLIGEE UNDER THE ORDER TO SIGN, AT THE TIME OF THE ISSUANCE OR 19,807
MODIFICATION OF THE ORDER, AN APPLICATION FOR TITLE IV-D SERVICES 19,808
AND TO FILE, AS SOON AS POSSIBLE, THE SIGNED APPLICATION WITH THE 19,810
CHILD SUPPORT ENFORCEMENT AGENCY THAT WILL ADMINISTER THE ORDER. 19,811
THE APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE DEPARTMENT 19,812
OF JOB AND FAMILY SERVICES. EXCEPT AS PROVIDED IN DIVISION (D) 19,813
OF THIS SECTION, A SUPPORT ORDER THAT IS ADMINISTERED BY A CHILD 19,814
SUPPORT ENFORCEMENT AGENCY, AND THAT IS ELIGIBLE FOR TITLE IV-D 19,816
SERVICES SHALL BE A TITLE IV-D CASE UNDER TITLE IV-D OF THE 19,818
"SOCIAL SECURITY ACT" ONLY UPON THE FILING OF THE SIGNED 19,819
APPLICATION FOR TITLE IV-D SERVICES. 19,821
(C) A CHILD SUPPORT ENFORCEMENT AGENCY SHALL MAKE 19,823
AVAILABLE AN APPLICATION FOR TITLE IV-D SERVICES TO ALL PERSONS 19,825
REQUESTING A CHILD SUPPORT ENFORCEMENT AGENCY'S ASSISTANCE IN AN 19,826
ACTION UNDER SECTIONS 3111.01 TO 3111.18 OF THE REVISED CODE OR 19,827
IN AN ADMINISTRATIVE PROCEEDING BROUGHT TO ESTABLISH A PARENT AND 19,828
CHILD RELATIONSHIP, TO ESTABLISH OR MODIFY AN ADMINISTRATIVE 19,829
SUPPORT ORDER, OR TO ESTABLISH OR MODIFY AN ORDER TO PROVIDE 19,830
HEALTH INSURANCE COVERAGE FOR THE CHILDREN SUBJECT TO A SUPPORT 19,831
ORDER.
(D) AN OBLIGEE UNDER A SUPPORT ORDER WHO HAS ASSIGNED THE 19,833
RIGHT TO THE SUPPORT PURSUANT TO SECTION 5101.59 OR 5107.20 OF 19,834
THE REVISED CODE SHALL NOT BE REQUIRED TO SIGN AN APPLICATION FOR 19,835
TITLE IV-D SERVICES. THE SUPPORT ORDER SHALL BE CONSIDERED A 19,836
TITLE IV-D CASE. 19,837
Sec. 3125.37. THE DEPARTMENT OF JOB AND FAMILY SERVICES 19,839
SHALL CHARGE AN APPLICATION FEE OF UP TO TWENTY-FIVE DOLLARS, AS 19,842
DETERMINED BY RULE ADOPTED BY THE DIRECTOR OF JOB AND FAMILY 19,843
SERVICES PURSUANT TO CHAPTER 119. OF THE REVISED CODE, FOR 19,844
452
FURNISHING SERVICES UNDER TITLE IV-D OF THE "SOCIAL SECURITY 19,847
ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651, AS AMENDED, TO PERSONS 19,848
NOT PARTICIPATING IN OHIO WORKS FIRST UNDER CHAPTER 5107. OF THE 19,850
REVISED CODE OR TO PERSONS NOT EXEMPTED FROM PAYING THE FEE UNDER
SECTION 454(6)(B) OF THE "SOCIAL SECURITY ACT," AS AMENDED BY THE 19,852
"BALANCED BUDGET ACT OF 1997," 111 STAT. 625, 42 U.S.C. 19,854
654(6)(B). THE DIRECTOR SHALL ADOPT RULES PURSUANT TO CHAPTER 19,856
119. OF THE REVISED CODE AUTHORIZING COUNTIES, AT THEIR OPTION, 19,857
TO WAIVE THE PAYMENT OF THE FEE. THE APPLICATION FEE, UNLESS 19,858
WAIVED PURSUANT TO RULES ADOPTED BY THE DIRECTOR PURSUANT TO THIS 19,859
SECTION, SHALL BE PAID BY THOSE PERSONS. 19,860
Sec. 5101.317 3125.38. (A) The department of job and 19,869
family services shall provide annual reviews of and reports to 19,871
the secretary of health and human services concerning programs 19,872
operated under Title IV-D of the "Social Security Act," 88 Stat. 19,874
2351 (1975), 42 U.S.C. 651, as amended by the "Personal 19,875
Responsibility and Work Opportunity Reconciliation Act of 1996," 19,877
110 Stat. 2105, pursuant to rules adopted under division (B) of 19,878
this section 3125.39 OF THE REVISED CODE.
(B) The director of job and family services shall adopt 19,881
rules in accordance with Chapter 119. of the Revised Code that 19,883
establish the following:
(1) Procedures for annual reviews of and reports to the 19,885
secretary of health and human services on the programs operated 19,886
under Title IV-D of the "Social Security Act," as amended, 19,888
including information necessary to measure compliance with 19,889
federal requirements for expedited procedures;
(2) Procedures for transmitting data and calculations 19,891
regarding levels of accomplishment and rates of improvement for 19,892
paternity establishment and child support enforcement from the 19,893
automatic data processing system required under section 5101.322 19,894
of the Revised Code to the secretary of health and human 19,897
services.
Sec. 3125.39. THE DIRECTOR OF JOB AND FAMILY SERVICES 19,899
453
SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 19,900
CODE THAT ESTABLISH THE FOLLOWING: 19,901
(A) PROCEDURES FOR ANNUAL REVIEWS OF AND REPORTS TO THE 19,903
SECRETARY OF HEALTH AND HUMAN SERVICES ON THE PROGRAMS OPERATED 19,904
UNDER TITLE IV-D OF THE "SOCIAL SECURITY ACT," AS AMENDED, 19,907
INCLUDING INFORMATION NECESSARY TO MEASURE COMPLIANCE WITH 19,908
FEDERAL REQUIREMENTS FOR EXPEDITED PROCEDURES;
(B) PROCEDURES FOR TRANSMITTING DATA AND CALCULATIONS 19,910
REGARDING LEVELS OF ACCOMPLISHMENT AND RATES OF IMPROVEMENT FOR 19,911
PATERNITY ESTABLISHMENT AND CHILD SUPPORT ENFORCEMENT FROM THE 19,912
AUTOMATIC DATA PROCESSING SYSTEM REQUIRED UNDER SECTION 3125.07 19,914
OF THE REVISED CODE TO THE SECRETARY OF HEALTH AND HUMAN 19,916
SERVICES.
Sec. 3125.41. (A) AS USED IN THIS SECTION: 19,918
(1) "CABLE TELEVISION SERVICE" HAS THE SAME MEANING AS IN 19,920
SECTION 2913.01 OF THE REVISED CODE. 19,921
(2) "PUBLIC UTILITY" MEANS A PERSON OR ENTITY, INCLUDING 19,923
AN ENTITY OWNED OR OPERATED BY A MUNICIPAL CORPORATION OR OTHER 19,924
GOVERNMENT ENTITY, THAT IS DESCRIBED IN DIVISION (A) OF SECTION 19,926
4905.03 OF THE REVISED CODE AS A TELEPHONE COMPANY, ELECTRIC 19,929
LIGHT COMPANY, GAS COMPANY, NATURAL GAS COMPANY, WATER-WORKS 19,930
COMPANY, HEATING OR COOLING COMPANY, OR SEWAGE DISPOSAL SYSTEM 19,931
COMPANY, OR THAT IS PROVIDING CABLE TELEVISION SERVICE. 19,932
(B) EXCEPT AS PROVIDED IN SECTION 3125.43 OF THE REVISED 19,935
CODE, THE OFFICE OF CHILD SUPPORT SHALL HAVE ACCESS TO ALL OF THE 19,937
FOLLOWING UNLESS RELEASE OF THE INFORMATION IS PROHIBITED BY 19,938
FEDERAL OR STATE LAW:
(1) ANY INFORMATION IN THE POSSESSION OF ANY OFFICER OR 19,940
ENTITY OF THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE 19,942
THAT WOULD AID THE OFFICE IN LOCATING AN ABSENT PARENT OR CHILD 19,944
PURSUANT TO SECTION 3125.06 OF THE REVISED CODE; 19,945
(2) ANY INFORMATION CONCERNING THE EMPLOYMENT, 19,947
COMPENSATION, AND BENEFITS OF ANY OBLIGOR OR OBLIGEE SUBJECT TO A 19,949
SUPPORT ORDER IN THE POSSESSION OF ANY PERSON;
454
(3) THE NAME AND ADDRESS OF ANY OBLIGOR OR OBLIGEE SUBJECT 19,952
TO A SUPPORT ORDER AND THE OBLIGOR'S OR OBLIGEE'S EMPLOYER IN THE 19,953
CUSTOMER RECORDS OF A PUBLIC UTILITY.
Sec. 3125.42. THE PERSON OR ENTITY REQUIRED TO PROVIDE 19,956
INFORMATION PURSUANT TO SECTION 3125.41 OF THE REVISED CODE, MAY 19,958
PROVIDE SUCH INFORMATION TO A CHILD SUPPORT ENFORCEMENT AGENCY AT 19,959
THE AGENCY'S REQUEST OR REQUIRE THE AGENCY TO REQUEST THAT THE 19,960
OFFICE OF CHILD SUPPORT REQUEST THE INFORMATION FOR THE AGENCY. 19,961
THE OFFICE SHALL REQUEST THE INFORMATION FROM THE PERSON OR 19,962
ENTITY ON THE REQUEST OF A CHILD SUPPORT ENFORCEMENT AGENCY. 19,964
Sec. 3125.43. THE DEPARTMENT OF TAXATION SHALL NOT PROVIDE 19,967
ANY INFORMATION TO THE OFFICE OF CHILD SUPPORT, EXCEPT AS 19,969
PROVIDED IN THIS SECTION. FOR PURPOSES OF THE ESTABLISHMENT OF 19,970
PATERNITY, THE ESTABLISHMENT, MODIFICATION, OR ENFORCEMENT OF 19,971
SUPPORT ORDERS, AND THE LOCATION OF ABSENT PARENTS PURSUANT TO 19,972
CHILD SUPPORT ENFORCEMENT ACTIVITIES AND ACTIVITIES TO ESTABLISH 19,973
AND ENFORCE ORDERS ALLOCATING PARENTING RIGHTS AND
RESPONSIBILITIES AND PARENTING TIME ORDERS, THE OFFICE IS 19,975
AUTHORIZED TO OBTAIN INFORMATION CONCERNING THE RESIDENTIAL
ADDRESS AND INCOME OF TAXPAYERS IF THAT INFORMATION IS CONTAINED 19,977
IN THE STATE TAX RECORDS MAINTAINED BY THE DEPARTMENT. THE 19,978
DEPARTMENT SHALL NOT PROVIDE ANY INFORMATION TO THE OFFICE IF THE 19,979
PROVISION OF THE INFORMATION IS PROHIBITED BY STATE OR FEDERAL
LAW. 19,980
Sec. 3125.44. THE OFFICE OF CHILD SUPPORT SHALL REIMBURSE 19,982
THE DEPARTMENT OF TAXATION FOR THE COST OF ACCESSING AND 19,983
OBTAINING THE INFORMATION DESCRIBED IN SECTION 3125.43 OF THE 19,984
REVISED CODE.
Sec. 3125.45. AN OFFICER OR ENTITY OF THE STATE OR 19,986
POLITICAL SUBDIVISION OF THE STATE OR ANY OTHER PERSON WHO 19,989
PROVIDES INFORMATION PURSUANT TO SECTION 3125.41, 3125.42, OR 19,990
3125.43 OF THE REVISED CODE SHALL NOT BE SUBJECT TO CRIMINAL OR 19,991
CIVIL LIABILITY FOR PROVIDING THE INFORMATION. 19,992
Sec. 3125.46. NO PERSON OR ENTITY, OTHER THAN AN OFFICER 19,995
455
OR ENTITY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE, 19,996
SHALL FAIL TO PROVIDE INFORMATION AS REQUIRED BY SECTION 3125.41 19,998
OR 3125.42 OF THE REVISED CODE.
Sec. 3125.47. A PERSON OR ENTITY THAT VIOLATES SECTION 20,001
3125.46 OF THE REVISED CODE MAY BE FINED FIVE HUNDRED DOLLARS.
Sec. 3125.48. THE DEPARTMENT OF JOB AND FAMILY SERVICES 20,003
SHALL FILE AN ACTION IN THE COURT OF COMMON PLEAS OF FRANKLIN 20,005
COUNTY, REQUESTING THAT THE COURT IMPOSE THE FINE DESCRIBED IN 20,006
SECTION 3125.47 OF THE REVISED CODE FOR FAILURE TO PROVIDE
INFORMATION AS REQUIRED BY SECTION 3125.41 OR 3125.42 OF THE 20,007
REVISED CODE. IF THE COURT DETERMINES THAT A PERSON OR ENTITY 20,009
FAILED TO PROVIDE THE INFORMATION, IT MAY IMPOSE THE FINE. THE 20,010
COURT SHALL DIRECT THAT THE FINE BE PAID TO THE DEPARTMENT. 20,012
Sec. 3125.49. NEITHER THE OFFICE OF CHILD SUPPORT NOR ANY 20,014
CHILD SUPPORT ENFORCEMENT AGENCY SHALL USE ANY SOCIAL SECURITY 20,016
NUMBER MADE AVAILABLE TO IT UNDER SECTION 3705.07 OF THE REVISED
CODE FOR ANY PURPOSE OTHER THAN CHILD SUPPORT ENFORCEMENT. 20,018
Sec. 3125.50. EXCEPT AS PROVIDED BY THE RULES ADOPTED 20,020
PURSUANT TO SECTION 3125.51 OF THE REVISED CODE, NO PERSON SHALL 20,022
DO EITHER OF THE FOLLOWING:
(A) DISCLOSE INFORMATION CONCERNING APPLICANTS FOR AND 20,024
RECIPIENTS OF TITLE IV-D SUPPORT ENFORCEMENT PROGRAM SERVICES 20,026
PROVIDED BY A CHILD SUPPORT ENFORCEMENT AGENCY; 20,028
(B) DISCLOSE ANY INFORMATION COLLECTED PURSUANT TO SECTION 20,031
3125.41, 3125.42, OR 3125.43 OF THE REVISED CODE.
Sec. 3125.51. THE DIRECTOR OF JOB AND FAMILY SERVICES 20,033
SHALL ADOPT RULES GOVERNING ACCESS TO, AND USE AND DISCLOSURE OF, 20,035
THE INFORMATION DESCRIBED IN SECTION 3125.50 OF THE REVISED CODE. 20,036
THE RULES SHALL BE CONSISTENT WITH THE REQUIREMENTS OF TITLE IV-D 20,037
OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 20,038
651, AS AMENDED, AND ANY RULES ADOPTED UNDER TITLE IV-D. 20,039
Sec. 3125.58. EACH COURT WITH JURISDICTION TO ISSUE COURT 20,041
SUPPORT ORDERS OR ORDERS ESTABLISHING THE EXISTENCE OR 20,043
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP SHALL ESTABLISH 20,044
456
RULES OF COURT TO ENSURE THAT THE FOLLOWING PERCENTAGE OF ALL 20,045
ACTIONS TO ESTABLISH THE EXISTENCE OR NONEXISTENCE OF A PARENT 20,046
AND CHILD RELATIONSHIP, TO ESTABLISH A SUPPORT REQUIREMENT, OR TO 20,047
MODIFY A PREVIOUSLY ISSUED COURT SUPPORT ORDER ARE COMPLETED 20,048
WITHIN THE FOLLOWING TIME LIMITS:
(A) SEVENTY-FIVE PER CENT OF ALL OF THE ACTIONS SHALL BE 20,050
COMPLETED WITHIN SIX MONTHS AFTER THE DATE OF INITIAL FILING; 20,052
(B) NINETY PER CENT OF ALL OF THE ACTIONS SHALL BE 20,054
COMPLETED WITHIN TWELVE MONTHS AFTER THE DATE OF INITIAL FILING. 20,056
Sec. 3125.59. WITH RESPECT TO A CASE FOR THE ESTABLISHMENT 20,058
OR MODIFICATION OF A SUPPORT REQUIREMENT THAT INVOLVES COMPLEX 20,059
LEGAL ISSUES REQUIRING FULL JUDICIAL REVIEW, THE COURT SHALL 20,060
ISSUE A TEMPORARY SUPPORT ORDER WITHIN THE TIME LIMITS SET FORTH 20,061
IN SECTION 3125.58 OF THE REVISED CODE. THE ORDER SHALL BE IN 20,062
EFFECT UNTIL A FINAL SUPPORT ORDER IS ISSUED IN THE CASE. ALL 20,063
CASES IN WHICH THE IMPOSITION OF A NOTICE OR ORDER UNDER SECTION 20,064
3121.03 OF THE REVISED CODE IS CONTESTED SHALL BE COMPLETED 20,065
WITHIN THE PERIOD OF TIME SPECIFIED BY LAW FOR COMPLETION OF THE 20,066
CASE. THE FAILURE OF A COURT TO COMPLETE A CASE WITHIN THE 20,067
REQUIRED PERIOD DOES NOT AFFECT THE ABILITY OF ANY COURT TO ISSUE 20,068
ANY ORDER UNDER THIS SECTION OR ANY OTHER SECTION OF THE REVISED 20,069
CODE FOR THE PAYMENT OF SUPPORT, DOES NOT PROVIDE ANY DEFENSE TO 20,070
ANY ORDER FOR THE PAYMENT OF SUPPORT THAT IS ISSUED UNDER THIS 20,071
SECTION OR ANY OTHER SECTION OF THE REVISED CODE, AND DOES NOT 20,072
AFFECT ANY OBLIGATION TO PAY SUPPORT. 20,073
Sec. 3125.60. (A) IN ANY TITLE IV-D CASE, THE JUDGE, WHEN 20,076
NECESSARY TO SATISFY THE FEDERAL REQUIREMENT OF EXPEDITED PROCESS 20,078
FOR OBTAINING COURT SUPPORT ORDERS AND ENFORCING SUPPORT ORDERS, 20,079
MAY APPOINT MAGISTRATES TO MAKE FINDINGS OF FACT AND 20,081
RECOMMENDATIONS FOR THE JUDGE'S APPROVAL IN THE CASE. ALL 20,082
MAGISTRATES APPOINTED PURSUANT TO THIS SECTION SHALL BE ATTORNEYS 20,084
ADMITTED TO THE PRACTICE OF LAW IN THIS STATE. A COURT THAT 20,085
APPOINTS A MAGISTRATE PURSUANT TO THIS SECTION MAY APPOINT ANY 20,087
ADDITIONAL ADMINISTRATIVE AND SUPPORT PERSONNEL FOR THE 20,088
457
MAGISTRATE.
(B) ANY MAGISTRATE APPOINTED PURSUANT TO THIS SECTION MAY 20,091
PERFORM ANY OF THE FOLLOWING FUNCTIONS:
(1) TAKING TESTIMONY AND KEEPING A RECORD IN THE CASE; 20,094
(2) EVALUATING EVIDENCE AND ISSUING RECOMMENDATIONS TO 20,097
ESTABLISH AND MODIFY COURT SUPPORT ORDERS AND ENFORCE SUPPORT 20,098
ORDERS;
(3) ACCEPTING VOLUNTARY ACKNOWLEDGMENTS OF SUPPORT 20,101
LIABILITY AND STIPULATED AGREEMENTS SETTING THE AMOUNT OF SUPPORT 20,102
TO BE PAID;
(4) ENTERING DEFAULT ORDERS IF THE OBLIGOR DOES NOT 20,105
RESPOND TO NOTICES IN THE CASE WITHIN A REASONABLE TIME AFTER THE 20,106
NOTICES ARE ISSUED;
(5) ANY OTHER FUNCTIONS CONSIDERED NECESSARY BY THE COURT. 20,108
Sec. 3125.99. WHOEVER VIOLATES SECTION 3125.50 OF THE 20,111
REVISED CODE SHALL BE FINED NOT MORE THAN FIVE HUNDRED DOLLARS, 20,112
OR IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH. 20,113
Sec. 3301.071. (A) In the case of nontax-supported 20,122
schools, standards for teacher certification prescribed under 20,123
section 3301.07 of the Revised Code shall provide for 20,124
certification, without further educational requirements, of any 20,125
administrator, supervisor, or teacher who has attended and 20,126
received a bachelor's degree from a college or university 20,127
accredited by a national or regional association in the United 20,128
States except that, at the discretion of the state board of 20,129
education, this requirement may be met by having an equivalent 20,130
degree from a foreign college or university of comparable 20,131
standing. 20,132
In the case of nonchartered, nontax-supported schools, the 20,134
standards for teacher certification prescribed under section 20,135
3301.07 of the Revised Code shall provide for certification, 20,136
without further educational requirements, of any administrator, 20,137
supervisor, or teacher who has attended and received a diploma 20,138
from a "bible college" or "bible institute" described in division 20,139
458
(E) of section 1713.02 of the Revised Code. 20,140
(B) Each person applying for a certificate under this 20,142
section for purposes of serving in a nonpublic school chartered 20,143
by the state board under section 3301.16 of the Revised Code 20,144
shall pay a fee in the amount established under division (A) of 20,145
section 3319.51 of the Revised Code. Any fees received under 20,146
this division shall be paid into the state treasury to the credit 20,147
of the state board of education certification fund established 20,148
under division (B) of section 3319.51 of the Revised Code. 20,149
(C) A person applying for or holding any certificate 20,151
pursuant to this section for purposes of serving in a nonpublic 20,152
school chartered by the state board is subject to SECTIONS 20,154
3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES
ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE AND sections 20,156
2301.373, 3319.31, and 3319.311 of the Revised Code. 20,158
(D) Divisions (B) and (C) of this section and sections 20,160
3319.291, 3319.31, and 3319.311 of the Revised Code do not apply 20,161
to any administrators, supervisors, or teachers in nonchartered, 20,162
nontax-supported schools. 20,163
Sec. 3301.074. (A) The state board of education shall, by 20,172
rule adopted in accordance with Chapter 119. of the Revised Code, 20,173
establish standards for licensing school district treasurers and 20,174
business managers, for the renewal of such licenses, and for the 20,175
issuance of duplicate copies of licenses. Licenses of the 20,176
following types shall be issued or renewed by the board to 20,177
applicants who meet the standards for the license or the renewal 20,178
of the license for which application is made: 20,179
(1) Treasurer, valid for serving as treasurer of a school 20,181
district in accordance with section 3313.22 of the Revised Code; 20,182
(2) Business manager, valid for serving as business 20,184
manager of a school district in accordance with section 3319.03 20,185
of the Revised Code. 20,186
(B) Each application for a license or renewal or duplicate 20,188
copy of a license shall be accompanied by the payment of a fee in 20,189
459
the amount established under division (A) of section 3319.51 of 20,190
the Revised Code. Any fees received under this section shall be 20,191
paid into the state treasury to the credit of the state board of 20,192
education licensure fund established under division (B) of 20,194
section 3319.51 of the Revised Code.
(C) Any person employed under section 3313.22 of the 20,196
Revised Code as a treasurer on July 1, 1983, shall be considered 20,197
to meet the standards for licensure as a treasurer and for 20,198
renewal of such license. Any person employed under section 20,199
3319.03 of the Revised Code as a business manager on July 1, 20,200
1983, shall be considered to meet the standards for licensure as 20,201
a business manager and for renewal of such license. 20,202
(D) Any person applying for or holding any license 20,204
pursuant to this section is subject to SECTIONS 3123.41 TO 20,206
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE AND sections 2301.373, 20,208
3319.31, and 3319.311 of the Revised Code. 20,209
Sec. 3301.71. On receipt of a notice pursuant to section 20,219
2301.373 3123.43 of the Revised Code, the state board of 20,220
education shall comply with that section SECTIONS 3123.41 TO 20,222
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 20,224
license or certificate issued pursuant to this chapter. 20,226
Sec. 3304.42. On receipt of a notice pursuant to section 20,235
2301.373 3123.43 of the Revised Code, the bureau of services for 20,237
the visually impaired shall comply with that section SECTIONS 20,239
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 20,241
a license issued pursuant to this chapter. 20,242
Sec. 3305.08. Any payment, benefit, or other right 20,251
accruing to any electing employee under a contract the employee 20,253
enters into for purposes of an alternative retirement plan, any 20,254
contributions to the electing employee's alternative retirement 20,255
plan pursuant to section 3305.06 of the Revised Code, and all 20,256
460
moneys, investments, and income of those contracts are exempt 20,258
from any state tax, except the tax imposed by section 5747.02 of
the Revised Code and, except as provided in sections 3119.80, 20,260
3119.81, 3121.02, 3121.03, 3123.06, AND 3305.09, 3311.23, and 20,262
3113.21 of the Revised Code, shall not be subject to execution, 20,265
garnishment, attachment, the operation of bankruptcy or the 20,266
insolvency law, or other process of law, and shall be
unassignable except as specifically provided in this section and 20,267
sections 3111.23 3119.80, 3119.81, 3121.02, 3121.03, and 3113.21 20,268
3123.06 of the Revised Code and any contract the electing 20,271
employee has entered into for purposes of an alternative 20,272
retirement plan.
Sec. 3307.20. (A) As used in this section: 20,281
(1) "Personal history record" means information maintained 20,284
by the state teachers retirement board on a member, former 20,285
member, contributor, former contributor, retirant, or beneficiary 20,286
that includes the address, telephone number, social security 20,287
number, record of contributions, correspondence with the state 20,288
teachers retirement system, or other information the board 20,290
determines to be confidential.
(2) "Retirant" has the same meaning as in section 3307.50 20,292
of the Revised Code.
(B) The records of the board shall be open to public 20,294
inspection, except for the following, which shall be excluded, 20,295
except with the written authorization of the individual 20,296
concerned: 20,297
(1) The individual's personal records provided for in 20,299
section 3307.23 of the Revised Code; 20,300
(2) The individual's personal history record; 20,302
(3) Any information identifying, by name and address, the 20,304
amount of a monthly allowance or benefit paid to the individual. 20,305
(C) All medical reports and recommendations under sections 20,307
3307.62, 3307.64, and 3307.66 of the Revised Code are privileged, 20,309
except that copies of such medical reports or recommendations 20,310
461
shall be made available to the personal physician, attorney, or 20,311
authorized agent of the individual concerned upon written release 20,312
received from the individual or the individual's agent, or, when 20,314
necessary for the proper administration of the fund, to the board 20,315
assigned physician.
(D) Any person who is a member or contributor of the 20,317
system shall be furnished, on written request, with a statement 20,319
of the amount to the credit of the person's account. The board 20,320
need not answer more than one request of a person in any one 20,321
year.
(E) Notwithstanding the exceptions to public inspection in 20,323
division (B) of this section, the board may furnish the following 20,325
information:
(1) If a member, former member, retirant, contributor, or 20,327
former contributor is subject to an order issued under section 20,328
2907.15 of the Revised Code or is convicted of or pleads guilty 20,329
to a violation of section 2921.41 of the Revised Code, on written 20,330
request of a prosecutor as defined in section 2935.01 of the 20,331
Revised Code, the board shall furnish to the prosecutor the 20,332
information requested from the individual's personal history 20,333
record. 20,334
(2) Pursuant to a court or administrative order issued 20,336
under section 3111.23 3119.80, 3119.81, 3121.02, 3121.03, or 20,337
3113.21 3123.06 of the Revised Code, the board shall furnish to a 20,339
court or child support enforcement agency the information 20,340
required under that section.
(3) At the written request of any person, the board shall 20,342
provide to the person a list of the names and addresses of 20,343
members, former members, retirants, contributors, former 20,344
contributors, or beneficiaries. The costs of compiling, copying, 20,345
and mailing the list shall be paid by such person. 20,346
(4) Within fourteen days after receiving from the director 20,348
of job and family services a list of the names and social 20,349
security numbers of recipients of public assistance pursuant to 20,350
462
section 5101.181 of the Revised Code, the board shall inform the 20,351
auditor of state of the name, current or most recent employer 20,352
address, and social security number of each member whose name and 20,353
social security number are the same as that of a person whose 20,354
name or social security number was submitted by the director. 20,355
The board and its employees shall, except for purposes of 20,356
furnishing the auditor of state with information required by this 20,357
section, preserve the confidentiality of recipients of public 20,358
assistance in compliance with division (A) of section 5101.181 of 20,359
the Revised Code.
(F) A statement that contains information obtained from 20,361
the system's records that is signed by an officer of the 20,362
retirement system and to which the system's official seal is 20,363
affixed, or copies of the system's records to which the signature 20,364
and seal are attached, shall be received as true copies of the 20,365
system's records in any court or before any officer of this 20,366
state. 20,367
Sec. 3307.41. The right of a person to a pension, an 20,376
annuity, or a retirement allowance itself, any optional benefit, 20,379
or any other right or benefit accrued or accruing to any person, 20,381
under this chapter, or the various funds created by section 20,384
3307.14 of the Revised Code and all moneys and investments and 20,386
income thereof, are exempt from any state tax, except the tax
imposed by section 5747.02 of the Revised Code and are exempt 20,388
from any county, municipal, or other local tax, except taxes 20,389
imposed pursuant to section 5748.02 or 5748.08 of the Revised 20,390
Code and, except as provided in sections 3111.23, 3113.21 20,392
3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and 3307.37 of the 20,393
Revised Code, shall not be subject to execution, garnishment, 20,395
attachment, the operation of bankruptcy or insolvency laws, or 20,396
any other process of law whatsoever, and shall be unassignable
except as specifically provided in this chapter or sections 20,397
3111.23 and 3113.21 3119.80, 3119.81, 3121.02, 3121.03, AND 20,398
3123.06 of the Revised Code. 20,399
463
Sec. 3309.22. (A) The treasurer of state shall furnish 20,408
annually to the school employees retirement board a sworn 20,409
statement of the amount of the funds in the treasurer's custody 20,411
belonging to the school employees retirement system. 20,412
(B)(1) As used in this division, "personal history record" 20,414
means information maintained by the board on a member, former 20,415
member, contributor, former contributor, retirant, or beneficiary 20,416
that includes the address, telephone number, social security 20,417
number, record of contributions, correspondence with the system, 20,418
and other information the board determines to be confidential. 20,419
(2) The records of the board shall be open to public 20,421
inspection, except for the following, which shall be excluded, 20,422
except with the written authorization of the individual 20,423
concerned: 20,424
(a) The individual's statement of previous service and 20,426
other information as provided for in section 3309.28 of the 20,427
Revised Code; 20,428
(b) Any information identifying by name and address the 20,430
amount of a monthly allowance or benefit paid to the individual; 20,431
(c) The individual's personal history record. 20,433
(C) All medical reports and recommendations required by 20,435
the system are privileged except that copies of such medical 20,436
reports or recommendations shall be made available to the 20,437
personal physician, attorney, or authorized agent of the 20,438
individual concerned upon written release received from the 20,439
individual or the individual's agent, or when necessary for the 20,441
proper administration of the fund, to the board assigned 20,442
physician.
(D) Any person who is a contributor of the system shall be 20,444
furnished, on written request, with a statement of the amount to 20,446
the credit of the person's account. The board need not answer 20,447
more than one such request of a person in any one year.
(E) Notwithstanding the exceptions to public inspection in 20,449
division (B)(2) of this section, the board may furnish the 20,450
464
following information: 20,451
(1) If a member, former member, contributor, former 20,453
contributor, or retirant is subject to an order issued under 20,454
section 2907.15 of the Revised Code or is convicted of or pleads 20,455
guilty to a violation of section 2921.41 of the Revised Code, on 20,456
written request of a prosecutor as defined in section 2935.01 of 20,457
the Revised Code, the board shall furnish to the prosecutor the 20,458
information requested from the individual's personal history 20,459
record. 20,460
(2) Pursuant to a court or administrative order issued 20,462
under section 3111.23 3119.80, 3119.81, 3121.02, 3121.03, or 20,463
3113.21 3123.06 of the Revised Code, the board shall furnish to a 20,465
court or child support enforcement agency the information 20,466
required under that section.
(3) At the written request of any person, the board shall 20,468
provide to the person a list of the names and addresses of 20,469
members, former members, retirants, contributors, former 20,470
contributors, or beneficiaries. The costs of compiling, copying, 20,471
and mailing the list shall be paid by such person. 20,472
(4) Within fourteen days after receiving from the director 20,474
of job and family services a list of the names and social 20,475
security numbers of recipients of public assistance pursuant to 20,477
section 5101.181 of the Revised Code, the board shall inform the 20,478
auditor of state of the name, current or most recent employer 20,479
address, and social security number of each contributor whose 20,480
name and social security number are the same as that of a person 20,481
whose name or social security number was submitted by the 20,482
director. The board and its employees shall, except for purposes 20,483
of furnishing the auditor of state with information required by 20,484
this section, preserve the confidentiality of recipients of 20,485
public assistance in compliance with division (A) of section 20,486
5101.181 of the Revised Code. 20,487
(F) A statement that contains information obtained from 20,489
the system's records that is signed by an officer of the 20,490
465
retirement system and to which the system's official seal is 20,491
affixed, or copies of the system's records to which the signature 20,492
and seal are attached, shall be received as true copies of the 20,493
system's records in any court or before any officer of this 20,494
state. 20,495
Sec. 3309.66. The right of a person to a pension, an 20,504
annuity, or a retirement allowance itself, any optional benefit, 20,505
any other right accrued or accruing to any persons, under 20,506
sections 3309.01 to 3309.68 of the Revised Code, or the various 20,507
funds created by section 3309.60 of the Revised Code and all 20,508
moneys and investments and income thereof, are exempt from any 20,509
state tax, except the tax imposed by section 5747.02 of the 20,510
Revised Code, and are exempt from any county, municipal, or other 20,511
local tax, except taxes imposed pursuant to section 5748.02 or 20,512
5748.08 of the Revised Code and, except as provided in sections 20,513
3111.23, 3113.21 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and 20,515
3309.67 of the Revised Code, shall not be subject to execution, 20,517
garnishment, attachment, the operation of bankruptcy or
insolvency laws, or any other process of law whatsoever, and 20,518
shall be unassignable except as specifically provided in sections 20,519
3111.23, 3113.21 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and 20,520
3309.01 to 3309.68 of the Revised Code. 20,521
Sec. 3319.088. As used in this section, "educational 20,530
assistant" means any nonteaching employee in a school district 20,531
who directly assists a teacher as defined in section 3319.09 of 20,533
the Revised Code, by performing duties for which a license issued 20,535
pursuant to sections 3319.22 to 3319.30 of the Revised Code is
not required. 20,536
(A) The state board of education shall issue educational 20,538
aide permits and educational paraprofessional licenses for 20,539
educational assistants and shall adopt rules for the issuance and 20,541
renewal of such permits and licenses which shall be consistent 20,542
with the provisions of this section. Educational aide permits 20,543
and educational paraprofessional licenses may be of several types 20,544
466
and the rules shall prescribe the minimum qualifications of 20,545
education, health, and character for the service to be authorized 20,546
under each type. The prescribed minimum qualifications may 20,548
require special training or educational courses designed to 20,549
qualify a person to perform effectively the duties authorized 20,550
under an educational aide permit or educational paraprofessional 20,551
license.
(B)(1) Any application for a permit or license, or a 20,553
renewal or duplicate of a permit or license, under this section 20,554
shall be accompanied by the payment of a fee in the amount 20,555
established under division (A) of section 3319.51 of the Revised 20,556
Code. Any fees received under this division shall be paid into 20,557
the state treasury to the credit of the state board of education 20,558
licensure fund established under division (B) of section 3319.51 20,559
of the Revised Code.
(2) Any person applying for or holding a permit or license 20,561
pursuant to this section is subject to SECTIONS 3123.41 TO 20,562
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED 20,563
UNDER SECTION 3123.63 OF THE REVISED CODE AND sections 2301.373, 20,564
3319.31, and 3319.311 of the Revised Code. 20,565
(C) Educational assistants shall at all times while in the 20,568
performance of their duties be under the supervision and
direction of a teacher as defined in section 3319.09 of the 20,569
Revised Code. Educational assistants may assist a teacher to 20,571
whom assigned in the supervision of pupils, in assisting with
instructional tasks, and in the performance of duties which, in 20,572
the judgment of the teacher to whom the assistant is assigned, 20,574
may be performed by a person not licensed pursuant to sections 20,575
3319.22 to 3319.30 of the Revised Code and for which a teaching 20,576
license, issued pursuant to sections 3319.22 to 3319.30 of the 20,579
Revised Code is not required. The duties of an educational
assistants ASSISTANT shall not include the assignment of grades 20,580
to pupils. The duties of an educational assistants need not be 20,583
performed in the physical presence of the teacher to whom
467
assigned, but the activity of an educational assistant shall at 20,584
all times be under the direction of the teacher to whom assigned. 20,585
The assignment of an educational assistant need not be limited to 20,586
assisting a single teacher. In the event an educational 20,587
assistant is assigned to assist more than one teacher the 20,588
assignments shall be clearly delineated and so arranged that the 20,589
educational assistant shall never be subject to simultaneous 20,590
supervision or direction by more than one teacher. 20,591
Educational assistants assigned to supervise children 20,593
shall, when the teacher to whom assigned is not physically 20,595
present, maintain the degree of control and discipline which 20,596
would be maintained by the teacher, but an educational assistant 20,597
may not render corporal punishment. 20,598
Except when expressly permitted solely for the purposes of 20,601
section 3317.029 of the Revised Code, educational assistants may
not be used in place of classroom teachers or other employees and 20,604
any payment of compensation by boards of education to educational 20,605
assistants for such services is prohibited. The ratio between 20,607
the number of licensed teachers and the pupils in a school 20,608
district may not be decreased by utilization of educational 20,610
assistants and no grouping, or other organization of pupils, for 20,612
utilization of educational assistants shall be established which 20,613
is inconsistent with sound educational practices and procedures. 20,615
A school district may employ up to one full time equivalent 20,616
educational assistant for each six full time equivalent licensed 20,618
employees of the district. Educational assistants shall not be 20,619
counted as licensed employees for purposes of state support in 20,621
the school foundation program and no grouping or regrouping of 20,622
pupils with educational assistants may be counted as a class or 20,623
unit for school foundation program purposes. Neither special 20,624
courses required by the regulations of the state board of
education, prescribing minimum qualifications of education for an 20,625
educational assistant, nor years of service as an educational 20,627
assistant shall be counted in any way toward qualifying for a 20,628
468
teacher license, for a teacher contract of any type, or for 20,629
determining placement on a salary schedule in a school district 20,630
as a teacher. 20,631
(D) Educational assistants employed by a board of 20,633
education shall have all rights, benefits, and legal protection 20,635
available to other nonteaching employees in the school district, 20,636
except that provisions of Chapter 124. of the Revised Code shall 20,637
not apply to any person employed as an educational assistant, and 20,639
shall be members of the school employees retirement system.
Educational assistants shall be compensated according to a salary 20,640
plan adopted annually by the board. 20,641
Except as provided in this section nonteaching employees 20,643
shall not serve as educational assistants without first obtaining 20,645
an appropriate educational aide permit or educational
paraprofessional license from the state board of education. A 20,647
nonteaching employee who is the holder of a valid educational 20,648
aide permit or educational paraprofessional license shall neither 20,649
render nor be required to render services inconsistent with the
type of services authorized by the permit or license held. No 20,651
person shall receive compensation from a board of education for 20,653
services rendered as an educational assistant in violation of 20,655
this provision.
Nonteaching employees whose functions are solely 20,657
secretarial-clerical and who do not perform any other duties as 20,658
educational assistants, even though they assist a teacher and 20,660
work under the direction of a teacher shall not be required to 20,661
hold a permit or license issued pursuant to this section. 20,662
Students preparing to become licensed teachers or educational 20,663
assistants shall not be required to hold an educational aide 20,665
permit or paraprofessional license for such periods of time as 20,667
such students are assigned, as part of their training program, to 20,668
work with a teacher in a school district. Such students shall 20,669
not be compensated for such services.
Following the determination of the assignment and general 20,671
469
job description of an educational assistant and subject to 20,672
supervision by the teacher's immediate administrative officer, a 20,674
teacher to whom an educational assistant is assigned shall make 20,675
all final determinations of the duties to be assigned to such 20,676
assistant. Teachers shall not be required to hold a license 20,677
designated for being a supervisor or administrator in order to 20,679
perform the necessary supervision of educational assistants. 20,680
(E) No person who is, or who has been employed as an 20,682
educational assistant shall divulge, except to the teacher to 20,684
whom assigned, or the administrator of the school in the absence
of the teacher to whom assigned, or when required to testify in a 20,685
court or proceedings, any personal information concerning any 20,686
pupil in the school district which was obtained or obtainable by 20,687
the educational assistant while so employed. Violation of this 20,689
provision is grounds for disciplinary action or dismissal, or
both. 20,690
Sec. 3319.29. Each application for any license or 20,701
certificate pursuant to section 3319.22 to 3319.28 of the Revised 20,703
Code or for any permit pursuant to section 3319.301 of the 20,704
Revised Code, or renewal or duplicate of such a license, 20,705
certificate, or permit, shall be accompanied by the payment of a 20,706
fee in the amount established under division (A) of section 20,708
3319.51 of the Revised Code. Any fees received under this 20,709
section shall be paid into the state treasury to the credit of 20,710
the state board of education licensure fund established under 20,711
division (B) of section 3319.51 of the Revised Code.
Any person applying for or holding a license, certificate, 20,714
or permit pursuant to this section and sections 3319.22 to 20,715
3319.28 or 3319.301 of the Revised Code is subject to SECTIONS 20,717
3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES
ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE AND sections 20,719
2301.373, 3319.31, and 3319.311 of the Revised Code. 20,720
Sec. 3319.31. (A) As used in this section and sections 20,729
2301.373 3123.41 TO 3123.50 and 3319.311 of the Revised Code, 20,731
470
"license" means a certificate, license, or permit described in 20,732
division (B) of section 3301.071 or in section 3301.074, 20,733
3319.088, or 3319.29 of the Revised Code. 20,734
(B) For any of the following reasons, the state board of 20,736
education, in accordance with Chapter 119. and section 3319.311 20,737
of the Revised Code, may refuse to issue a license to an 20,739
applicant, may limit a license it issues to an applicant, or may 20,740
suspend, revoke, or limit a license that has been issued to any 20,741
person:
(1) Engaging in an immoral act, incompetence, negligence, 20,743
or conduct that is unbecoming to the applicant's or person's 20,744
position;
(2) A plea of guilty to, a finding of guilt by a jury or 20,746
court of, or a conviction of any of the following: 20,747
(a) A felony; 20,749
(b) A violation of section 2907.04 or 2907.06 or division 20,752
(A) or (C) of section 2907.07 of the Revised Code;
(c) An offense of violence; 20,754
(d) A theft offense, as defined in section 2913.01 of the 20,756
Revised Code; 20,757
(e) A drug abuse offense, as defined in section 2925.01 of 20,760
the Revised Code, that is not a minor misdemeanor;
(f) A violation of an ordinance of a municipal corporation 20,762
that is substantively comparable to an offense listed in 20,763
divisions (B)(2)(a) to (e) of this section. 20,764
(C) The state board may take action under division (B) of 20,766
this section on the basis of substantially comparable conduct 20,767
occurring in a jurisdiction outside this state or occurring 20,768
before a person applies for or receives any license. 20,769
(D) The state board may adopt rules in accordance with 20,771
Chapter 119. of the Revised Code to carry out this section and 20,772
section 3319.311 of the Revised Code. 20,773
Sec. 3319.312. On receipt of a notice pursuant to section 20,783
2301.373 3123.43 of the Revised Code, the state board of 20,784
471
education shall comply with that section SECTIONS 3123.41 TO 20,786
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 20,788
certificate or permit issued pursuant to this chapter. 20,790
Sec. 3332.031. The state board of proprietary school 20,800
registration shall:
(A) Adopt rules under Chapter 119. of the Revised Code 20,802
necessary to carry out its duties and responsibilities under this 20,803
chapter; 20,804
(B) Establish minimum standards for the registration and 20,806
operation of private career schools including but not necessarily 20,807
limited to standards to ensure school financial stability; 20,808
(C) Issue certificates of registration to private career 20,810
schools pursuant to division (A) of section 3332.05 of the 20,811
Revised Code; 20,812
(D) Suspend or revoke the certificate of registration of 20,814
schools pursuant to sections 3332.09 and 3332.091 of the Revised 20,815
Code; 20,816
(E) Establish minimum standards for certificate, diploma, 20,818
and degree programs offered by schools; 20,819
(F) Issue program authorization pursuant to divisions (B) 20,821
and (C) of section 3332.05 of the Revised Code; 20,822
(G) Suspend or revoke program authorization for schools 20,824
pursuant to sections 3332.09 and 3332.091 of the Revised Code; 20,825
(H) Establish minimum standards, including but not 20,827
necessarily limited to a code of ethics, for agents employed by 20,828
schools registered under this chapter to reasonably ensure that 20,829
such agents provide adequate, ethical, and accurate information 20,830
to prospective students; 20,831
(I) Grant permits to agents pursuant to sections 3332.10 20,833
and 3332.11 of the Revised Code; 20,834
(J) Suspend or revoke an agent's permit pursuant to 20,836
section 2301.373 3123.47 or 3332.12 of the Revised Code; 20,837
(K) Monitor recruitment and admissions practices of 20,839
472
schools holding certificates of registration to ensure compliance 20,840
with this chapter and the rules of the board; 20,841
(L)(1) Adopt rules requiring all schools to provide all 20,843
applicant students, prior to their signing enrollment agreements, 20,844
written information concerning the school's graduation and 20,845
placement rates for each of the preceding three years and any 20,846
other information the board deems pertinent. 20,847
(2) Adopt rules requiring all schools to provide any 20,849
student or applicant student, prior to the signing of any 20,850
financial aid, grant, or loan application, written information 20,851
concerning the obligations of a student obtaining such financial 20,852
aid, grant, or loan. 20,853
(3) Upon request, a school shall furnish the board with a 20,855
copy of all information required by this division. The board 20,856
shall monitor schools to ensure their compliance with this 20,857
division. 20,858
(M) Adopt a rule requiring all schools to include, in the 20,860
enrollment agreement, notice that any problems the student is 20,862
having with the school, or complaints the student has about the 20,863
school, may be directed to the board, which notice shall include 20,864
the telephone number of the executive director of the board; 20,865
(N) Report annually to the governor and the general 20,867
assembly on the activities of the board and private career 20,868
schools, and make legislative recommendations when necessary to 20,869
enable the board to better serve the student population and the 20,870
schools registered under this chapter; 20,871
(O) Adopt a rule requiring a uniform tuition refund policy 20,873
for all schools subject to this chapter. In adopting the rule, 20,874
the board shall consider the tuition refund policies effectuated 20,875
by state-supported colleges and universities. Each school 20,876
subject to this chapter shall furnish to each prospective 20,877
student, prior to his THE signing OF an enrollment agreement, a 20,879
copy of the tuition refund policy. 20,880
(P) Adopt a rule establishing minimum standards for all 20,882
473
faculty and instructional staff in all instructional programs at 20,883
a school. In the case of full-time faculty members employed for 20,884
degree programs, such standards shall include all of the 20,885
following: 20,886
(1) A prohibition against employing on or after July 1, 20,888
1993, any new full-time faculty member to teach the general study 20,889
portion of any degree program, unless the person holds a master's 20,890
degree in the subject matter discipline or holds a master's 20,891
degree in education with proficiency in the subject matter 20,892
discipline demonstrated in accordance with the standards adopted 20,893
by the board. 20,894
(2) Except as provided under the standards adopted 20,896
pursuant to division (P)(3) of this section, a prohibition 20,897
against employing or reemploying on or after July 1, 1998, any 20,898
full-time faculty member to teach the general study portion of 20,899
any degree program, unless the person holds a master's degree in 20,900
the subject matter discipline or holds a master's degree in 20,901
education with proficiency in the subject matter discipline 20,902
demonstrated in accordance with the standards adopted by the 20,903
board. 20,904
(3) Standards under which the board, upon written request 20,906
submitted to the board prior to July 1, 1994, by any school, may 20,907
exempt the school from the prohibition adopted pursuant to 20,908
division (P)(2) of this section with regard to any individual 20,909
full-time faculty member employed by the school who has 20,910
demonstrated outstanding teaching performance in the general 20,911
study portion of any degree program at the school for a period of 20,912
at least six years prior to July 1, 1993. 20,913
(4) Definitions of "full-time faculty member," "new 20,915
faculty member," and any other term the board considers necessary 20,916
to define. 20,917
(Q) Adopt a rule prohibiting a school or branch campus 20,919
thereof from claiming accreditation from an accrediting agency in 20,920
any of its advertising, recruiting, or promotional materials 20,921
474
unless the agency is recognized as an accrediting agency by the 20,922
United States department of education. 20,923
Sec. 3332.18. On receipt of a notice pursuant to section 20,933
2301.373 3123.43 of the Revised Code, the state board of 20,934
proprietary school registration shall comply with that section 20,935
SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 20,936
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 20,937
CODE with respect to a permit issued pursuant to this chapter. 20,939
Sec. 3705.09. (A) A birth certificate for each live birth 20,948
in this state shall be filed in the registration district in 20,949
which it occurs within ten days after such birth and shall be 20,950
registered if it has been completed and filed in accordance with 20,951
this section. 20,952
(B) When a birth occurs in or en route to an institution, 20,954
the person in charge of the institution or a designated 20,955
representative shall obtain the personal data, prepare the 20,956
certificate, secure the signatures required, and file the 20,957
certificate within ten days with the local registrar of vital 20,958
statistics. The physician in attendance shall provide the 20,959
medical information required by the certificate and certify to 20,960
the facts of birth within seventy-two hours after the birth. 20,961
(C) When a birth occurs outside an institution, the birth 20,963
certificate shall be prepared and filed by one of the following 20,964
in the indicated order of priority: 20,965
(1) The physician in attendance at or immediately after 20,967
the birth; 20,968
(2) Any other person in attendance at or immediately after 20,970
the birth; 20,971
(3) The father; 20,973
(4) The mother; 20,975
(5) The person in charge of the premises where the birth 20,977
occurred. 20,978
(D) Either of the parents of the child or other informant 20,980
shall attest to the accuracy of the personal data entered on the 20,981
475
birth certificate in time to permit the filing of the certificate 20,982
within the ten days prescribed in this section. 20,983
(E) When a birth occurs in a moving conveyance within the 20,985
United States and the child is first removed from the conveyance 20,986
in this state, the birth shall be registered in this state and 20,987
the place where it is first removed shall be considered the place 20,988
of birth. When a birth occurs on a moving conveyance while in 20,989
international waters or air space or in a foreign country or its 20,990
air space and the child is first removed from the conveyance in 20,991
this state, the birth shall be registered in this state but the 20,992
record shall show the actual place of birth insofar as can be 20,993
determined. 20,994
(F)(1) If the mother of a child was married at the time of 20,996
either conception or birth or between conception and birth, the 20,997
child shall be registered in the surname designated by the 20,998
mother, and the name of the husband shall be entered on the 20,999
certificate as the father of the child. The presumption of 21,000
paternity shall be in accordance with section 3111.03 of the 21,001
Revised Code. 21,002
(2) If the mother was not married at the time of 21,004
conception or birth or between conception and birth, the child 21,005
shall be registered by the surname designated by the mother. The 21,006
name of the father of such child shall also be inserted on the 21,007
birth certificate if both the mother and the father sign an 21,008
acknowledgement of paternity affidavit before the birth record 21,010
has been sent to the local registrar. If the father is not named 21,011
on the birth certificate pursuant to division (F)(1) or (2) of 21,012
this section, no other information about the father shall be 21,014
entered on the record.
(G) When a man is presumed or found to be the father of a 21,016
child, according to sections 3111.01 to 3111.19 3111.18, former 21,018
section 3111.21, or section 3111.22 SECTIONS 3111.38 TO 3111.54 21,019
of the Revised Code, or the father has acknowledged the child as 21,021
his child in an acknowledgment of paternity, and the 21,022
476
acknowledgment has become final pursuant to section 2151.232, 21,023
3111.211 3111.25, or 5101.314 3111.821 of the Revised Code, and 21,025
documentary evidence of such fact is submitted to the department 21,026
of health in such form as the director may require, a new birth 21,027
record shall be issued by the department which shall have the 21,028
same overall appearance as the record which would have been 21,029
issued under this section if a marriage had occurred before the 21,030
birth of such child. Where handwriting is required to effect 21,031
such appearance, the department shall supply it. Upon the 21,032
issuance of such new birth record, the original birth record 21,033
shall cease to be a public record. Except as provided in 21,035
division (C) of section 3705.091 of the Revised Code, the 21,036
original record and any documentary evidence supporting the new 21,037
registration of birth shall be placed in an envelope which shall 21,038
be sealed by the department and shall not be open to inspection 21,039
or copy unless so ordered by a court of competent jurisdiction. 21,040
The department shall then promptly forward a copy of the 21,042
new birth record to the local registrar of vital statistics of 21,043
the district in which the birth occurred, and such local 21,044
registrar shall file a copy of such new birth record along with 21,045
and in the same manner as the other copies of birth records in 21,046
such local registrar's possession. All copies of the original 21,047
birth record in the possession of the local registrar or the 21,048
probate court, as well as any and all index references to it, 21,049
shall be destroyed. Such new birth record, as well as any 21,050
certified or exact copy of it, when properly authenticated by a 21,051
duly authorized person shall be prima-facie evidence in all 21,052
courts and places of the facts stated in it. 21,053
(H) When a woman who is a legal resident of this state has 21,055
given birth to a child in a foreign country that does not have a 21,056
system of registration of vital statistics, a birth record may be 21,057
filed in the office of vital statistics on evidence satisfactory 21,058
to the director of health. 21,059
(I) Every birth certificate filed under this section on or 21,061
477
after July 1, 1990, shall be accompanied by all social security 21,062
numbers that have been issued to the parents of the child, unless 21,063
the division of child support in the department of job and family 21,065
services, acting in accordance with regulations prescribed under 21,066
the "Family Support Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 21,067
405, as amended, finds good cause for not requiring that the 21,068
numbers be furnished with the certificate. The parents' social 21,069
security numbers shall not be recorded on the certificate. The 21,070
local registrar of vital statistics shall transmit the social 21,071
security numbers to the state office of vital statistics in 21,072
accordance with section 3705.07 of the Revised Code. No social 21,073
security number obtained under this division shall be used for 21,074
any purpose other than child support enforcement. 21,075
Sec. 3705.091. (A) If the natural mother and alleged 21,084
father of a child sign an acknowledgment of paternity affidavit 21,085
prepared pursuant to section 5101.324 3111.31 of the Revised Code 21,087
with respect to that child at the office of the local registrar, 21,088
the local registrar shall provide a notary public to notarize the 21,089
acknowledgment. The local registrar shall send a signed and 21,090
notarized acknowledgment of paternity to the division OFFICE of 21,091
child support in the department of job and family services 21,093
pursuant to section 5101.314 3111.22 of the Revised Code. The 21,095
local registrar shall send the acknowledgment no later than ten 21,096
days after it has been signed and notarized. If the local 21,097
registrar knows a man is presumed under section 3111.03 of the 21,098
Revised Code to be the father of the child AND THAT THE PRESUMED 21,099
FATHER IS NOT THE MAN WHO SIGNED OR IS ATTEMPTING TO SIGN AN 21,100
ACKNOWLEDGMENT WITH RESPECT TO THE CHILD, the local registrar 21,101
shall not notarize or send an THE acknowledgment with respect to 21,103
the child pursuant to this section.
(B) The local registrar of vital statistics shall provide 21,105
an acknowledgment of paternity affidavit described in division 21,106
(A) of this section to any person that requests it. 21,107
(C) The department of health shall store all 21,110
478
acknowledgments of paternity affidavits it receives pursuant to 21,111
section 5101.314 3111.24 of the Revised Code. The department of 21,112
health shall send to the division OFFICE any acknowledgment the 21,113
department is storing that the division OFFICE requests. The 21,114
department of health shall adopt rules pursuant to Chapter 119. 21,116
of the Revised Code to govern the method of storage of the 21,117
acknowledgments and to implement this section.
(D) The department of health and the department of job and 21,120
family services shall enter into an agreement regarding expenses 21,121
incurred by the department of health in comparing acknowledgment 21,122
of paternity affidavits to birth records and storage of 21,123
acknowledgment of paternity affidavits.
Sec. 3710.19. On receipt of a notice pursuant to section 21,133
2301.373 3123.43 of the Revised Code, the department of health 21,134
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 21,136
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 21,137
3123.63 OF THE REVISED CODE with respect to a license or 21,138
certificate issued pursuant to this chapter.
Sec. 3719.82. On receipt of a notice pursuant to section 21,148
2301.373 3123.43 of the Revised Code, the state board of pharmacy 21,149
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 21,151
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 21,152
3123.63 OF THE REVISED CODE with respect to a license issued 21,153
pursuant to this chapter.
Sec. 3723.18. On receipt of a notice pursuant to section 21,163
2301.373 3123.43 of the Revised Code, the director of health 21,164
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 21,166
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 21,167
3123.63 OF THE REVISED CODE with respect to a license issued 21,168
pursuant to this chapter.
Sec. 3727.17. Each hospital shall provide a staff person 21,177
to do all of the following: 21,178
(A) Meet with each unmarried mother who gave birth in or 21,180
en route to the hospital within twenty-four hours after the birth 21,181
479
or before the mother is released from the hospital; 21,182
(B) Attempt to meet with the father of the unmarried 21,184
mother's child if possible; 21,185
(C) Explain to the unmarried mother and the father, if the 21,187
father is present, the benefit to the child of establishing a 21,188
parent and child relationship between the father and the child 21,189
and the various proper procedures for establishing a parent and 21,190
child relationship; 21,191
(D) Present to the unmarried mother and, if possible, the 21,193
father, the pamphlet or statement regarding the rights and 21,194
responsibilities of a natural parent prepared by the department 21,195
of job and family services pursuant to section 5101.324 3111.32 21,197
of the Revised Code; 21,198
(E) Provide the unmarried mother, and if possible the 21,200
father, all forms and statements necessary to voluntarily 21,203
establish a parent and child relationship, including the 21,204
acknowledgment of paternity form prepared by the department of 21,205
job and family services pursuant to section 5101.324 3111.31 of 21,206
the Revised Code and required under section 5101.314 of the 21,207
Revised Code; 21,208
(F) Upon both the mother's and father's request, help the 21,210
mother and father complete any specific form or statement 21,211
necessary to establish a parent and child relationship; 21,212
(G) Present to an unmarried mother who is not a recipient 21,214
of medicaid or a participant in Ohio works first an application 21,215
for Title IV-D services; 21,216
(H) Mail the voluntary acknowledgment of paternity, no 21,219
later than ten days after it is completed, to the division OFFICE 21,220
of child support in the department of job and family services. 21,221
Each hospital shall provide a notary public to notarize an 21,223
acknowledgment of paternity signed by the mother and father. If 21,225
a hospital knows or determines that a man is presumed under 21,226
section 3111.03 of the Revised Code to be the father of the child 21,227
described in this section AND THAT THE PRESUMED FATHER IS NOT THE 21,228
480
MAN WHO SIGNED OR IS ATTEMPTING TO SIGN AN ACKNOWLEDGMENT WITH 21,229
RESPECT TO THE CHILD, the hospital shall take no further action 21,231
with regard to an THE acknowledgment and shall not mail an THE 21,232
acknowledgment with respect to the child pursuant to this 21,233
section. 21,234
A hospital may contract with a person or government entity 21,237
to fulfill its responsibilities under this section and section 21,238
2301.357 SECTIONS 3111.71 TO 3111.74 of the Revised Code. 21,240
Services provided by a hospital under this section or pursuant to 21,241
a contract under section 2301.357 SECTIONS 3111.71 AND 3111.77 of 21,242
the Revised Code do not constitute the practice of law. A 21,244
hospital shall not be subject to criminal or civil liability for 21,245
any damage or injury alleged to result from services provided 21,246
pursuant to this section or section 2301.357 SECTIONS 3111.71 TO 21,247
3111.74 of the Revised Code unless the hospital acted with 21,248
malicious purpose, in bad faith, or in a wanton or reckless 21,249
manner.
Sec. 3737.883. On receipt of a notice pursuant to section 21,259
2301.373 3123.43 of the Revised Code, the state fire marshal 21,260
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 21,262
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 21,263
3123.63 OF THE REVISED CODE with respect to a certificate issued 21,264
pursuant to section 3737.34, 3737.65, 3737.83, or 3737.881 of the 21,265
Revised Code.
Sec. 3742.20. On receipt of a notice pursuant to section 21,275
2301.373 3123.43 of the Revised Code, the director of health 21,276
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 21,279
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 21,280
3123.63 OF THE REVISED CODE with respect to a license issued 21,282
pursuant to this chapter.
Sec. 3701.915 3748.121. On receipt of a notice pursuant to 21,291
section 2301.373 3123.43 of the Revised Code, the director of 21,292
health shall comply with that section SECTIONS 3123.41 TO 3123.50 21,295
OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER
481
SECTION 3123.63 OF THE REVISED CODE with respect to a certificate 21,297
issued pursuant to section 3701.913 3748.12 of the Revised Code. 21,299
Sec. 3770.07. (A)(1) Lottery prize awards shall be 21,308
claimed by the holder of the winning lottery ticket, or by the 21,309
executor or administrator, or the trustee of a trust, of the 21,310
estate of a deceased holder of a winning ticket, in a manner to 21,312
be determined by the state lottery commission, within one hundred 21,313
eighty days after the date on which such prize award was 21,314
announced if the lottery game is an on-line game, and within one 21,315
hundred eighty days after the close of the game if the lottery 21,316
game is an instant game. Except as otherwise provided in 21,317
division (B) of this section, if no valid claim to the prize 21,318
award is made within the prescribed period, the prize money or 21,319
the cost of goods and services awarded as prizes, or if such 21,320
goods or services are resold by the commission, the proceeds from 21,321
such sale, shall be returned to the state lottery fund and 21,322
distributed in accordance with section 3770.06 of the Revised 21,323
Code.
(2) If a person entitled to a prize award is under 21,325
eighteen years of age, or is under some other legal disability, 21,326
and the prize money or the cost of goods or services awarded as a 21,327
prize exceeds one thousand dollars, the director shall order that 21,328
payment be made to the order of the legal guardian of such 21,329
winning ticket holder. If the amount of the prize money or the 21,330
cost of goods or services awarded as a prize is one thousand 21,331
dollars or less, the director may order that payment be made to 21,332
the order of the adult member, if any, of such winning ticket 21,333
holder's family legally responsible for the care of such winning 21,334
person. 21,335
(3) No right of any person to a prize award shall be the 21,337
subject of a security interest or used as collateral. 21,338
(4) No right of any person to a prize award shall be 21,340
assignable, or subject to garnishment, attachment, execution, 21,341
withholding, or deduction, except as follows: as provided in 21,342
482
sections 3111.23 3119.80, 3119.81, 3121.02, 3121.03, and 3113.21 21,344
3123.06 of the Revised Code; when the payment is to be made to 21,346
the executor or administrator or the trustee of a trust of the 21,347
estate of a winning ticket holder; when the award of a prize is 21,348
disputed, any person may be awarded a prize award to which 21,349
another has claimed title, pursuant to the order of a court of 21,350
competent jurisdiction; or when the director is to make a payment 21,351
pursuant to section 3770.071 of the Revised Code. 21,352
The commission shall adopt rules pursuant to section 21,354
3770.03 of the Revised Code concerning the payment of prize 21,355
awards upon the death of a prize winner. Upon the death of a 21,356
prize winner, the remainder of the prize winner's prize award may 21,358
be paid to the executor, administrator, or trustee in the form of 21,359
a discounted lump sum cash settlement.
(5) No lottery prize award shall be awarded to or for any 21,361
officer or employee of the state lottery commission, any officer 21,362
or employee of the auditor of state actively coordinating and 21,363
certifying commission drawings, or any blood relative or spouse 21,365
of such officer or employee of the commission or auditor of state 21,366
living as a member of such officer's or employee's household, nor 21,367
shall any such employee, blood relative, or spouse attempt to 21,368
claim a lottery prize award. 21,369
(6) The director may prohibit vendors to the commission 21,371
and their employees from being awarded a lottery prize award. 21,372
(7) Upon the payment of prize awards pursuant to this 21,375
section the director and the commission are discharged from all 21,376
further liability therefor.
(B) The commission may adopt rules governing the 21,378
disbursement of unclaimed prize awards as all or part of the 21,379
prize award in a lottery and may, pursuant to those rules, 21,380
conduct the lottery and disburse any such unclaimed prize awards. 21,381
Any lottery in which all or any part of the prize award is paid 21,382
from unclaimed prize awards shall be conducted in accordance with 21,383
all of the other requirements of this chapter, including, but not 21,384
483
limited to, the time and proof requirements for claiming awards 21,385
and the disposition of unclaimed prize awards when the prescribed 21,386
period for claiming the award has passed. A prize award or any 21,387
part of a prize award that is paid from an unclaimed prize award 21,388
shall not be reapplied toward the satisfaction of the requirement 21,389
of division (A) of section 3770.06 of the Revised Code that at 21,390
least fifty per cent of the total revenues from ticket sales be 21,391
disbursed for monetary prize awards, if such unclaimed prize 21,392
award was previously applied toward the satisfaction of that 21,393
requirement. On or before the last day of January and July each 21,394
year, the commission shall report to the general assembly the 21,395
gross sales and net profits the commission obtained from the 21,396
unclaimed prize awards in lotteries conducted pursuant to this 21,397
division during the preceding two calendar quarters, including 21,398
the amount of money produced by the games funded by the unclaimed 21,399
prize awards and the total revenue accruing to the state from the 21,400
prize award lotteries conducted pursuant to this division. 21,401
There is hereby established in the state treasury the 21,403
unclaimed lottery prizes fund, to which all unclaimed prize 21,404
awards shall be transferred. Any interest which accrues on the 21,405
amounts in the fund shall become a part of the fund and shall be 21,406
subject to any rules adopted by the commission governing the 21,407
disbursement of unclaimed prize awards. 21,408
Sec. 3770.071. (A) If the amount of the prize money or 21,417
the cost of goods or services awarded as a lottery prize award is 21,418
six hundred dollars or more, the director of the state lottery 21,419
commission, or the director's designee, shall require the person 21,420
entitled to the prize award to affirm in writing, under oath, 21,421
whether or not the person is in default under a support order. 21,422
The director or the director's designee also may take any 21,423
additional appropriate steps to determine if the person entitled 21,424
to the prize award is in default under a support order. If the 21,425
person entitled to the prize award affirms that the person is in 21,426
default under a support order, or if the director or the 21,427
484
director's designee determines that the person is in default 21,428
under a support order, the director or the director's designee 21,429
shall temporarily withhold payment of the prize award and inform 21,430
the court that issued the support order that the person is 21,432
entitled to a prize award, of the amount of the prize award, and, 21,433
if the prize award is to be paid in annual installments, of the 21,434
number of installments. 21,435
After receipt of the notice from the director or the 21,437
director's designee, the court shall give the person notice of 21,439
the director's notice, schedule a hearing to determine if the 21,440
person is in default and the amount of the default, and give the 21,441
person notice of the date, time, and location of the hearing. If 21,442
the court at the hearing determines that the person is in 21,443
default, it shall issue an order to the director at lottery 21,444
commission headquarters requiring the director or the director's 21,445
designee to deduct from any unpaid prize award or any annual 21,446
installment payment of the prize award, a specified amount for 21,447
child support or spousal support in satisfaction of the support 21,448
order under which the person is in default. To the extent 21,449
possible, the amount specified to be deducted under the order 21,450
issued under this section shall satisfy the amount ordered for 21,451
support or spousal support in the support order under which the 21,452
person is in default. Within thirty days after the date on which 21,453
the court issues the order under this section to the director, 21,454
the director shall pay the amount specified in that order to the 21,455
division OFFICE of child support in the department of job and 21,456
family services. If the prize award is to be paid in annual 21,459
installments, the director or the director's designee, on the 21,460
date the installment payment is due, shall pay the amount 21,461
specified in the court order issued under this section from that 21,462
installment and, if necessary, any subsequent annual 21,463
installments, at the time such installments become due and owing 21,464
to the prize winner, to the division OFFICE of child support. 21,465
(B) As used in this section, "support: 21,467
485
(1) "SUPPORT order" and "default" have HAS THE SAME 21,470
MEANING AS IN SECTION 3119.01 OF THE REVISED CODE.
(2) "DEFAULT" HAS the same meanings MEANING as in section 21,473
2301.34 3121.01 of the Revised Code. 21,474
(C) No person shall knowingly make a false affirmation or 21,476
oath required by division (A) of this section. 21,477
Sec. 3773.36. Upon the proper filing of an application to 21,485
conduct public boxing or wrestling matches or exhibitions, 21,486
accompanied by the cash bond, certified check, bank draft, or 21,488
surety bond required by section 3773.35, and the application fee 21,489
required by section 3773.43 of the Revised Code, the Ohio 21,490
athletic commission shall issue a promoter's license to the 21,491
applicant if it finds that the applicant is not in default on any 21,492
payment, obligation, or debt payable to the state under sections 21,493
3773.31 to 3773.57 of the Revised Code, is financially 21,494
responsible, and is knowledgeable in the proper conduct of such 21,495
matches or exhibitions. 21,496
Each license issued pursuant to this section shall bear the 21,498
name of the licensee, the post office address of the licensee, 21,499
the date of issue, a serial number designated by the commission, 21,500
the seal of the commission, and the signature of the commission 21,502
chairperson.
A promoter's license shall expire twelve months after its 21,504
date of issuance and shall become invalid on that date unless 21,505
renewed. A promoter's license may be renewed upon application to 21,506
the commission and upon payment of the renewal fee prescribed in 21,507
section 3773.43 of the Revised Code. The commission shall renew 21,508
the license unless it denies the application for renewal for one 21,509
or more reasons stated in section 2301.373 3123.47 or 3773.53 of 21,511
the Revised Code. 21,512
Sec. 3773.42. Upon the proper filing of an application for 21,520
a referee's, judge's, matchmaker's, timekeeper's, manager's, 21,521
trainer's, contestant's, or second's license and payment of the 21,522
applicable application fee, the Ohio athletic commission shall 21,523
486
issue the license to the applicant if it determines that the 21,525
applicant is of good moral character, is not likely to engage in 21,526
acts detrimental to the fair and honest conduct of public boxing 21,527
matches or exhibitions, and is qualified to hold such a license 21,528
by reason of the applicant's knowledge and experience. 21,529
A person shall not be determined to possess the knowledge 21,531
and experience necessary to qualify that person to hold a 21,532
referee's license unless all of the following conditions are met: 21,533
(A) The person has completed such referee training 21,535
requirements as the commission prescribes by rule; 21,536
(B) The person possesses such experience requirements as 21,538
the commission prescribes by rule; 21,539
(C) The person has obtained a passing grade on an 21,541
examination administered by the commission and designed to test 21,542
the examinee's knowledge of the rules of the particular sport 21,543
that the person seeks to referee, the commission's rules 21,545
applicable to the conduct of matches and exhibitions in the 21,546
particular sport that the person seeks to referee, and such other
aspects of officiating as the commission determines appropriate 21,548
to its determination as to whether the applicant possesses the 21,549
qualifications and capabilities to act as a referee. 21,550
The commission shall issue a referee's license to each 21,553
person who meets the requirements of divisions (A) to (C) of this
section. 21,554
If upon the proper filing of an application for a 21,556
contestant's license the commission determines that the applicant 21,557
is of good moral character, is not likely to engage in acts 21,559
detrimental to the conduct of public boxing matches or
exhibitions, and possesses sufficient knowledge and experience 21,560
and, in the opinion of the licensed physician who examined the 21,561
applicant pursuant to section 3773.41 of the Revised Code, is 21,562
physically fit to engage in public boxing matches or exhibitions, 21,563
the commission shall issue the license to the applicant. 21,564
Each license issued pursuant to this section shall bear the 21,566
487
correct name and ring or assumed name, if any, of the licensee, 21,567
the address of the licensee, the date of issue, a serial number 21,568
designated by the commission, the seal of the commission, and the 21,569
signature of the commission chairperson. 21,570
A license issued pursuant to this section shall expire 21,572
twelve months after its date of issue unless renewed. Upon 21,573
application for renewal and payment of the renewal fee prescribed 21,574
in section 3773.43 of the Revised Code, the commission shall 21,575
renew the license unless it denies the application for one or 21,576
more reasons stated in section 2301.373 3123.47 or 3773.53 of the 21,577
Revised Code. If the application is for renewal of a 21,579
contestant's license, the commission shall also require the 21,580
applicant to submit the results of a physical examination that a 21,581
licensed physician conducted not more than sixty days prior to 21,582
the date of the application.
Sec. 3773.59. On receipt of a notice pursuant to section 21,592
2301.373 3123.43 of the Revised Code, the Ohio athletic 21,593
commission shall comply with that section SECTIONS 3123.41 TO 21,594
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 21,596
license issued pursuant to this chapter. 21,597
Sec. 3783.09. On receipt of a notice pursuant to section 21,607
2301.373 3123.43 of the Revised Code, the board of building 21,608
standards shall comply with that section SECTIONS 3123.41 TO 21,610
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 21,612
certificate issued pursuant to this chapter. 21,613
Sec. 3905.53. On receipt of a notice pursuant to section 21,623
2301.373 3123.43 of the Revised Code, the superintendent of 21,624
insurance shall comply with that section SECTIONS 3123.41 TO 21,626
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 21,628
license issued pursuant to this chapter. 21,629
Sec. 3921.281 3921.331. On receipt of a notice pursuant to 21,638
488
section 2301.373 3123.43 of the Revised Code, the superintendent 21,640
of insurance shall comply with that section SECTIONS 3123.41 TO 21,642
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 21,644
license issued pursuant to this chapter. 21,645
Sec. 3924.48. (A) If a parent of a child is required by a 21,654
court or administrative order to provide health care coverage for 21,655
the child, and if the parent is eligible for family health care 21,656
coverage provided by a health insurer, the health insurer shall 21,657
do both of the following: 21,658
(1) If the child is otherwise eligible for the coverage, 21,660
permit the parent to enroll the child under the family coverage 21,661
without regard to any enrollment period restrictions; 21,662
(2) If the parent is enrolled under the coverage but fails 21,664
to make application to obtain coverage for the child, enroll the 21,665
child under the family coverage upon application of the child's 21,666
other parent or pursuant to a child support order containing 21,668
provisions in compliance with section 3111.241 or 3113.217 21,670
SECTIONS 3119.30 TO 3119.58 of the Revised Code. 21,671
(B) The health insurer shall not terminate the child's 21,673
coverage unless the health insurer is provided satisfactory 21,674
written evidence of either of the following: 21,675
(1) The court or administrative order is no longer in 21,677
effect. 21,678
(2) The child is or will be enrolled under comparable 21,680
health care coverage provided by another health insurer, which 21,681
coverage will take effect not later than the effective date of 21,682
the termination of the current coverage. 21,683
(C) As used in this section, "child support order" has the 21,686
same meaning as in section 2301.373 3119.01 of the Revised Code. 21,688
Sec. 3924.49. (A) If a parent of a child is required by a 21,697
court or administrative order to provide health care coverage for 21,698
the child, which coverage is available through an employer doing 21,699
business in this state, the employer shall do all of the 21,700
489
following: 21,701
(1) If the child is otherwise eligible for the family 21,703
coverage, permit the parent to enroll the child under the 21,704
coverage without regard to any enrollment period restrictions; 21,705
(2) If the parent is enrolled under the coverage but fails 21,707
to make application to obtain coverage for the child, enroll the 21,708
child under the family coverage upon application of the child's 21,709
other parent or pursuant to a child support order containing 21,711
provisions in compliance with section 3111.241 or 3113.217 21,713
SECTIONS 3119.30 TO 3119.58 of the Revised Code; 21,714
(3) Withhold from the employee's compensation the 21,716
employee's share of premiums for the health care coverage, if 21,717
any, and pay that amount to the health insurer providing the 21,718
coverage. 21,719
(B) The employer shall not terminate the child's coverage 21,721
unless the employer has eliminated family coverage for all of its 21,722
employees or unless the employer is provided satisfactory written 21,723
evidence of either of the following: 21,724
(1) The court or administrative order is no longer in 21,726
effect. 21,727
(2) The child is or will be enrolled under comparable 21,729
health care coverage that will take effect not later than the 21,730
effective date of the termination of the current coverage. 21,731
(C) As used in this section, "child support order" has the 21,733
same meaning as in section 2301.373 3119.01 of the Revised Code. 21,734
Sec. 3931.13. On receipt of a notice pursuant to section 21,743
2301.373 3123.43 of the Revised Code, the superintendent of 21,745
insurance shall comply with that section SECTIONS 3123.41 TO 21,747
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 21,749
license issued pursuant to this chapter.
Sec. 3941.02. (A) A domestic mutual company may be 21,758
organized by not less than twenty persons, to carry on the 21,759
business of mutual insurance and to reinsure and to accept 21,760
490
reinsurance as authorized by law and its articles of 21,761
incorporation. Such persons shall execute articles of 21,762
incorporation which, if not inconsistent with the constitution 21,763
and laws of this state and of the United States, shall be 21,764
approved by the attorney general and the secretary of state. The 21,765
articles and the certificate of approval by the attorney general 21,766
shall be recorded by the secretary of state who shall deposit a 21,767
copy thereof with the superintendent of insurance. 21,768
(B) If the articles of incorporation of a domestic, 21,770
foreign, or alien, mutual or stock insurance company empower it, 21,771
or if the power of attorney or subscribers' agreement empowers 21,772
the attorney in fact of a reciprocal or interinsurance exchange, 21,773
to transact any of the kinds of insurance described in division 21,774
(A) of section 3929.01 of the Revised Code, such company or 21,775
attorney may apply to the superintendent for the appropriate 21,776
license or certificate of authority, as provided in section 21,777
3925.11, 3927.01, 3931.10, or 3941.06 of the Revised Code, which 21,778
application shall state which of the kinds of insurance it 21,779
proposes to transact, and the superintendent shall act thereon in 21,780
the manner prescribed by that section. 21,781
(C) An Ohio agent shall be licensed, upon written notice 21,784
of appointment by a domestic, foreign, or alien, mutual or stock 21,785
insurance company, to procure, receive, or forward application 21,786
for the kinds of insurance the company is authorized to transact 21,787
in this state if the agent is then licensed to write all of the 21,788
kinds of insurance described in division (A) of section 3929.01 21,789
of the Revised Code, either for the company or for any other 21,790
company or companies authorized to transact insurance business in 21,791
this state. An Ohio agent not so licensed shall not procure, 21,792
receive, or forward applications for any kind of insurance for 21,793
the company until qualified and licensed to procure, receive, or 21,794
forward applications for all of the kinds of insurance described 21,795
in division (A) of section 3929.01 of the Revised Code, in 21,796
accordance with the applicable provisions of Chapter 3905. of the 21,797
491
Revised Code and in accordance with such rules as the 21,798
superintendent may adopt in connection therewith; provided any 21,799
company, irrespective of the kinds of insurance it is authorized 21,800
to transact, may apply for and obtain the renewal of licenses of 21,801
its agents who were licensed on or before July 1, 1945, to 21,802
procure, receive, or forward applications for any of the kinds of 21,803
insurance described in division (A) of section 3929.01 of the 21,804
Revised Code, and such agents shall not be required to be 21,805
licensed for all the kinds of insurance transacted by the company 21,806
making the applications for such renewals. Nothing in this 21,807
section shall be construed to authorize an agent whose license is 21,808
renewed under these provisions to procure, receive, or forward 21,809
applications for any kind or kinds of insurance other than the 21,810
kind or kinds for which the agent was authorized to procure, 21,811
receive, or forward applications on July 1, 1945; provided, the 21,813
procuring, receiving, or forwarding of applications by such an 21,814
agent for any kind or kinds of insurance other than the kind or 21,815
kinds the agent was authorized to procure, receive, or forward, 21,817
as of July 1, 1945, is cause for revocation of the license of the 21,818
agent by the superintendent and the acceptance by any insurance 21,819
company licensed to do business in this state of an application 21,820
for any kind of insurance other than the kind or kinds that the 21,821
agent was authorized to procure, receive, or forward, as of July 21,822
1, 1945, is cause for revocation of the license of the company by 21,823
the superintendent. Nothing in this section shall be construed 21,824
to alter the provisions of sections 2301.373 3123.41 TO 3123.50, 21,826
3123.63, 3931.101, and 3931.11 of the Revised Code. 21,828
Sec. 3949.22. On receipt of a notice pursuant to section 21,837
2301.373 3123.43 of the Revised Code, the supervisor of bond 21,839
investment companies shall comply with that section SECTIONS 21,841
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 21,843
a license issued pursuant to this chapter. 21,844
Sec. 3951.10. On receipt of a notice pursuant to section 21,854
492
2301.373 3123.43 of the Revised Code, the superintendent of 21,855
insurance shall comply with that section SECTIONS 3123.41 TO 21,858
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 21,860
certificate issued issued pursuant to this chapter.
Sec. 3959.17. On receipt of a notice pursuant to section 21,869
2301.373 3123.43 of the Revised Code, the superintendent of 21,870
insurance shall comply with that section SECTIONS 3123.41 TO 21,873
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 21,875
license issued pursuant to this chapter.
Sec. 4104.21. On receipt of a notice pursuant to section 21,884
2301.373 3123.43 of the Revised Code, the chief of the division 21,886
of boiler inspection shall comply with that section SECTIONS 21,888
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 21,890
a certificate issued pursuant to this chapter. 21,891
Sec. 4123.67. Except as otherwise provided in sections 21,900
3111.23 3119.80, 3119.81, 3121.02, 3121.03, and 3113.21 3123.06 21,902
of the Revised Code, compensation before payment shall be exempt 21,903
from all claims of creditors and from any attachment or 21,904
execution, and shall be paid only to the employees or their 21,905
dependents. In all cases where property of an employer is placed 21,906
in the hands of an assignee, receiver, or trustee, claims arising
under any award or finding of the industrial commission or bureau 21,907
of workers' compensation, pursuant to this chapter, including 21,908
claims for premiums, and any judgment recovered thereon shall 21,909
first be paid out of the trust fund in preference to all other 21,910
claims, except claims for taxes and the cost of administration, 21,911
and with the same preference given to claims for taxes.
Sec. 4141.282. (A) When a claim for unemployment 21,920
compensation is filed by an individual who owes child support 21,922
obligations, the director of job and family services shall notify 21,923
the state or local child support enforcement agency enforcing the 21,924
493
obligation only if the claimant has been determined to be 21,925
eligible for unemployment compensation. 21,926
(B) The director shall deduct and withhold from 21,928
unemployment compensation payable to an individual who owes child 21,929
support obligations: 21,930
(1) Any amount required to be deducted and withheld from 21,932
the unemployment compensation pursuant to legal process, as that 21,933
term is defined in section 459(i)(5) of the "Social Security 21,935
Act," as amended by the "Personal Responsibility and Work 21,936
Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42 21,938
U.S.C. 659, and properly served upon the director, as described 21,940
in division (C) of this section; or 21,941
(2) Where division (B)(1) of this section is inapplicable, 21,944
in the amount determined pursuant to an agreement submitted to 21,945
the director under section 454(19)(B)(i) of the "Social Security 21,947
Act," 88 Stat. 2351, 42 U.S.C. 654, as amended, by the state or 21,949
local child support enforcement agency; or
(3) If neither division (B)(1) nor (2) of this section is 21,952
applicable, then in the amount specified by the individual. 21,953
(C) The director shall receive all legal process described 21,956
in division (B)(1) of this section from each local child support 21,957
enforcement agency, which legal process was issued by the agency 21,959
under section 2301.371 3121.07 of the Revised Code or otherwise 21,960
was issued by the agency. 21,961
(D) The amount of unemployment compensation subject to 21,963
being withheld pursuant to division (B) of this section is that 21,965
amount that remains payable to the individual after application 21,966
of any recoupment provisions for recovery of overpayments and 21,967
after deductions that have been made under this chapter for 21,968
deductible income received by the individual.
(E) Any amount deducted and withheld under division (B) of 21,971
this section shall be paid to the appropriate state or local 21,972
child support enforcement agency in the following manner: 21,973
(1) The director shall determine the amounts that are to 21,976
494
be deducted and withheld on a per county basis.
(2) For each county, the director shall forward to the 21,979
local child support enforcement agency of the county, the amount 21,980
determined for that county under division (E)(1) of this section 21,981
for disbursement to the obligees or assignees of such support 21,982
obligations. 21,983
(F) Any amount deducted and withheld under division (B) of 21,986
this section shall for all purposes be treated as if it were paid 21,987
to the individual as unemployment compensation and paid by the 21,988
individual to the state or local child support agency in 21,989
satisfaction of the individual's child support obligations.
(G) This section applies only if appropriate arrangements 21,992
have been made for reimbursement by the state or local child 21,993
support enforcement agency for the administrative costs incurred 21,994
by the director under this section which are associated with or 21,995
attributable to child support obligations being enforced by the 21,996
state or local child support enforcement agency. 21,997
(H) As used in this section: 21,999
(1) "Child support obligations" means only obligations 22,001
that are being enforced pursuant to a plan described in section 22,002
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 22,004
as amended, which has been approved by the United States 22,005
secretary of health and human services under part D of Title IV 22,007
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 22,009
amended. 22,010
(2) "State child support enforcement agency" means the 22,012
work unit within the department of job and family services, or 22,014
the state agency of another state, designated as the single state 22,016
agency for the administration of the program of child support 22,017
enforcement pursuant to part D of Title IV of the "Social 22,019
Security Act," 88 Stat. 2351, 42 U.S.C. 651, as amended. 22,021
(3) "Local child support enforcement agency" means a child 22,024
support enforcement agency or any other agency of a political
subdivision of the state operating pursuant to a plan mentioned 22,025
495
in division (H)(1) of this section. 22,026
(4) "Unemployment compensation" means any compensation 22,028
payable under this chapter including amounts payable by the 22,029
director pursuant to an agreement under any federal law providing 22,031
for compensation, assistance, or allowances with respect to 22,032
unemployment.
Sec. 4501.25. There is hereby created in the state 22,041
treasury the state bureau of motor vehicles fund. The fund shall 22,042
consist of all money collected by the registrar of motor 22,043
vehicles, including taxes, fees, and fines levied, charged, or 22,044
referred to in Chapters 4501., 4503., 4505., 4506., 4507., 4509.,
4511., 4517., 4519., 4521., and sections 2301.374 3123.59, 22,045
2935.27, 2937.221, 3407.168, 4738.06, 4738.13, and 4738.18 of the 22,047
Revised Code unless otherwise designated by law. The fund shall 22,048
be used to pay the expenses of administering the law relative to 22,049
the powers and duties of the registrar of motor vehicles. All 22,050
investment earnings of the fund shall be retained by the fund. 22,051
Sec. 4506.071. On receipt of a notice pursuant to section 22,061
2301.374 3123.54 of the Revised Code, the registrar of motor 22,062
vehicles shall comply with that section SECTIONS 3123.52 TO 22,065
3123.614 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 22,067
commercial driver's license or commercial driver's temporary 22,068
instruction permit issued pursuant to this chapter.
Sec. 4507.08. (A) No probationary license shall be 22,078
issued to any person under the age of eighteen who has been 22,079
adjudicated an unruly or delinquent child or a juvenile traffic 22,080
offender for having committed any act that if committed by an 22,081
adult would be a drug abuse offense, as defined in section 22,082
2925.01 of the Revised Code, a violation of division (B) of 22,083
section 2917.11, or a violation of division (A) of section 22,084
4511.19 of the Revised Code, unless the person has been required 22,085
by the court to attend a drug abuse or alcohol abuse education, 22,086
intervention, or treatment program specified by the court and has 22,087
496
satisfactorily completed the program. 22,088
(B) No temporary instruction permit or driver's license 22,090
shall be issued to any person whose license has been suspended, 22,091
during the period for which the license was suspended, nor to any 22,092
person whose license has been revoked, under sections 4507.01 to 22,093
4507.39 of the Revised Code, until the expiration of one year 22,094
after the license was revoked. 22,095
(C) No temporary instruction permit or driver's license 22,097
shall be issued to any person whose commercial driver's license 22,098
is suspended under section 1905.201, 2301.374 3123.58, 4507.16, 22,099
4507.34, 4507.99, 4511.191, or 4511.196 of the Revised Code or 22,101
under any other provision of the Revised Code during the period 22,102
of the suspension. 22,103
No temporary instruction permit or driver's license shall 22,105
be issued to any person when issuance is prohibited by division 22,106
(A) of section 4507.091 of the Revised Code. 22,107
(D) No temporary instruction permit or driver's license 22,109
shall be issued to, or retained by, any of the following persons: 22,110
(1) Any person who is an alcoholic, or is addicted to the 22,112
use of controlled substances to the extent that the use 22,113
constitutes an impairment to the person's ability to operate a 22,114
motor vehicle with the required degree of safety; 22,115
(2) Any person who is under the age of eighteen and has 22,117
been adjudicated an unruly or delinquent child or a juvenile 22,118
traffic offender for having committed any act that if committed 22,119
by an adult would be a drug abuse offense, as defined in section 22,120
2925.01 of the Revised Code, a violation of division (B) of 22,121
section 2917.11, or a violation of division (A) of section 22,122
4511.19 of the Revised Code, unless the person has been required 22,123
by the court to attend a drug abuse or alcohol abuse education, 22,124
intervention, or treatment program specified by the court and has 22,125
satisfactorily completed the program; 22,126
(3) Any person who, in the opinion of the registrar, is 22,128
afflicted with or suffering from a physical or mental disability 22,129
497
or disease that prevents the person from exercising reasonable 22,130
and ordinary control over a motor vehicle while operating the 22,131
vehicle upon the highways, except that a restricted license 22,132
effective for six months may be issued to any person otherwise 22,133
qualified who is or has been subject to any condition resulting 22,134
in episodic impairment of consciousness or loss of muscular 22,135
control and whose condition, in the opinion of the registrar, is 22,136
dormant or is sufficiently under medical control that the person 22,137
is capable of exercising reasonable and ordinary control over a 22,138
motor vehicle. A restricted license effective for six months 22,139
shall be issued to any person who is otherwise qualified who is 22,140
subject to any condition that causes episodic impairment of 22,141
consciousness or a loss of muscular control if the person 22,142
presents a statement from a licensed physician that the person's 22,143
condition is under effective medical control and the period of 22,144
time for which the control has been continuously maintained, 22,145
unless, thereafter, a medical examination is ordered and, 22,146
pursuant thereto, cause for denial is found. 22,147
A person to whom a six-month restricted license has been 22,149
issued shall give notice of the person's medical condition to the 22,150
registrar on forms provided by the registrar and signed by the 22,151
licensee's physician. The notice shall be sent to the registrar 22,152
six months after the issuance of the license. Subsequent 22,153
restricted licenses issued to the same individual shall be 22,154
effective for six months. 22,155
(4) Any person who is unable to understand highway 22,157
warnings or traffic signs or directions given in the English 22,158
language; 22,159
(5) Any person making an application whose driver's 22,161
license or driving privileges are under revocation or suspension 22,162
in the jurisdiction where issued or any other jurisdiction, until 22,163
the expiration of one year after the license was revoked or until 22,164
the period of suspension ends. Any person whose application is 22,165
denied under this division may file a petition in the municipal 22,166
498
court or county court in whose jurisdiction the person resides 22,167
agreeing to pay the cost of the proceedings and alleging that the 22,168
conduct involved in the offense that resulted in suspension or 22,169
revocation in the foreign jurisdiction would not have resulted in 22,170
a suspension or revocation had the offense occurred in this 22,171
state. If the petition is granted, the petitioner shall notify 22,172
the registrar by a certified copy of the court's findings and a 22,174
license shall not be denied under this division.
(6) Any person whose driver's or commercial driver's 22,176
license or permit has been permanently revoked pursuant to 22,177
division (C) of section 4507.16 of the Revised Code; 22,178
(7) Any person who is not a resident or temporary resident 22,180
of this state. 22,181
Sec. 4507.111. On receipt of a notice pursuant to section 22,190
2301.374 3123.54 of the Revised Code, the registrar of motor 22,192
vehicles shall comply with that section SECTIONS 3123.52 TO 22,194
3123.614 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 22,197
driver's license, motorcycle operator's license or endorsement,
or temporary instruction permit issued pursuant to this chapter. 22,198
Sec. 4507.16. (A)(1) The trial judge of any court of 22,207
record, in addition to or independent of all other penalties 22,208
provided by law or by ordinance, shall suspend for not less than 22,209
thirty days or more than three years or shall revoke the driver's 22,210
or commercial driver's license or permit or nonresident operating 22,212
privilege of any person who is convicted of or pleads guilty to 22,213
any of the following: 22,214
(a) Perjury or the making of a false affidavit under this 22,216
chapter, or any other law of this state requiring the 22,217
registration of motor vehicles or regulating their operation on 22,218
the highway; 22,219
(b) Any crime punishable as a felony under the motor 22,221
vehicle laws of this state or any other felony in the commission 22,222
of which a motor vehicle is used; 22,223
499
(c) Failing to stop and disclose identity at the scene of 22,225
the accident when required by law or ordinance to do so; 22,226
(d) Street racing as defined in section 4511.251 of the 22,229
Revised Code or any substantially similar municipal ordinance; 22,230
(e) Willfully eluding or fleeing a police officer; 22,232
(f) Trafficking in cigarettes with the intent to avoid 22,234
payment of the cigarette tax under division (A) of section 22,235
5743.112 of the Revised Code; 22,236
(2) Subject to division (D)(1) of this section, the trial 22,239
judge of any court of record, in addition to or independent of 22,240
all other penalties provided by law or by ordinance, shall
suspend the driver's or commercial driver's license or permit or 22,241
nonresident operating privilege of any person who is convicted of 22,243
or pleads guilty to a violation of section 2903.06 or 2903.08 of 22,244
the Revised Code. The suspension shall be for the period of time 22,246
specified in section 2903.06 or 2903.08 of the Revised Code, 22,247
whichever is applicable. 22,248
(3) If a person is convicted of or pleads guilty to a 22,250
violation of section 2907.24 of the Revised Code, an attempt to 22,252
commit a violation of that section, or a violation of or an 22,253
attempt to commit a violation of a municipal ordinance that is 22,254
substantially equivalent to that section and if the person, in 22,255
committing or attempting to commit the violation, was in, was on,
or used a motor vehicle, the trial judge of a court of record, in 22,256
addition to or independent of all other penalties provided by law 22,257
or ordinance, shall suspend for thirty days the person's driver's 22,258
or commercial driver's license or permit. 22,259
The trial judge of any court of record, in addition to 22,261
suspensions or revocations of licenses, permits, or privileges 22,262
pursuant to this division and in addition to or independent of 22,263
all other penalties provided by law or by ordinance, shall impose 22,264
a suspended jail sentence not to exceed six months, if 22,265
imprisonment was not imposed for the offense for which the person 22,266
was convicted. 22,267
500
(4) If the trial judge of any court of record suspends or 22,270
revokes the driver's or commercial driver's license or permit or
nonresident operating privilege of a person who is convicted of 22,271
or pleads guilty to any offense for which such suspension or 22,272
revocation is provided by law or ordinance, in addition to all 22,273
other penalties provided by law or ordinance, the judge may issue 22,274
an order prohibiting the offender from registering, renewing, or 22,275
transferring the registration of any vehicle during the period 22,276
that the offender's license, permit, or privilege is suspended or
revoked. The court promptly shall send a copy of the order to 22,277
the registrar of motor vehicles. 22,278
Upon receipt of such an order, neither the registrar nor 22,280
any deputy registrar shall accept any application for the 22,281
registration, registration renewal, or transfer of registration 22,282
of any motor vehicle owned or leased by the person named in the 22,283
order during the period that the person's license, permit, or 22,284
privilege is suspended or revoked, unless the registrar is
properly notified by the court that the order of suspension or 22,285
revocation has been canceled. When the period of suspension or 22,286
revocation expires or the order is canceled, the registrar or 22,287
deputy registrar shall accept the application for registration, 22,288
registration renewal, or transfer of registration of the person
named in the order. 22,289
(B) Except as otherwise provided in this section, the 22,291
trial judge of any court of record and the mayor of a mayor's 22,292
court, in addition to or independent of all other penalties 22,293
provided by law or by ordinance, shall revoke the driver's or 22,294
commercial driver's license or permit or nonresident operating 22,295
privilege of any person who is convicted of or pleads guilty to a 22,296
violation of division (A) of section 4511.19 of the Revised Code, 22,297
of a municipal ordinance relating to operating a vehicle while 22,298
under the influence of alcohol, a drug of abuse, or alcohol and a 22,299
drug of abuse, or of a municipal ordinance that is substantially 22,300
equivalent to division (A) of section 4511.19 of the Revised Code 22,301
501
relating to operating a vehicle with a prohibited concentration 22,302
of alcohol in the blood, breath, or urine or suspend the license, 22,303
permit, or privilege as follows: 22,304
(1) Except when division (B)(2), (3), or (4) of this 22,306
section applies and the judge or mayor is required to suspend or 22,307
revoke the offender's license or permit pursuant to that 22,308
division, the judge or mayor shall suspend the offender's 22,309
driver's or commercial driver's license or permit or nonresident 22,310
operating privilege for not less than six months nor more than 22,311
three years. 22,312
(2) Subject to division (B)(4) of this section, if, within 22,314
six years of the offense, the offender has been convicted of or 22,316
pleaded guilty to one violation of division (A) or (B) of section 22,317
4511.19 of the Revised Code, a municipal ordinance relating to 22,318
operating a vehicle while under the influence of alcohol, a drug 22,319
of abuse, or alcohol and a drug of abuse, a municipal ordinance 22,320
relating to operating a motor vehicle with a prohibited 22,321
concentration of alcohol in the blood, breath, or urine, section 22,322
2903.04 of the Revised Code in a case in which the offender was 22,323
subject to the sanctions described in division (D) of that 22,324
section, section 2903.06 or 2903.08 of the Revised Code, former 22,325
section 2903.07 of the Revised Code, or a municipal ordinance 22,326
that is substantially similar to former section 2903.07 of the 22,327
Revised Code in a case in which the jury or judge found that the 22,329
offender was under the influence of alcohol, a drug of abuse, or 22,330
alcohol and a drug of abuse, or a statute of the United States or 22,331
of any other state or a municipal ordinance of a municipal 22,332
corporation located in any other state that is substantially 22,333
similar to division (A) or (B) of section 4511.19 of the Revised 22,334
Code, the judge shall suspend the offender's driver's or 22,335
commercial driver's license or permit or nonresident operating 22,336
privilege for not less than one year nor more than five years. 22,337
(3) Subject to division (B)(4) of this section, if, within 22,339
six years of the offense, the offender has been convicted of or 22,340
502
pleaded guilty to two violations described in division (B)(2) of 22,341
this section, or a statute of the United States or of any other 22,342
state or a municipal ordinance of a municipal corporation located 22,344
in any other state that is substantially similar to division (A) 22,345
or (B) of section 4511.19 of the Revised Code, the judge shall 22,346
suspend the offender's driver's or commercial driver's license or 22,347
permit or nonresident operating privilege for not less than one 22,348
year nor more than ten years.
(4) If, within six years of the offense, the offender has 22,350
been convicted of or pleaded guilty to three or more violations 22,351
described in division (B)(2) of this section, a statute of the 22,353
United States or of any other state or a municipal ordinance of a 22,354
municipal corporation located in any other state that is 22,355
substantially similar to division (A) or (B) of section 4511.19
of the Revised Code, or if the offender previously has been 22,357
convicted of or pleaded guilty to a violation of division (A) of 22,358
section 4511.19 of the Revised Code under circumstances in which 22,359
the violation was a felony and regardless of when the violation 22,360
and the conviction or guilty plea occurred, the judge shall
suspend the offender's driver's or commercial driver's license or 22,362
permit or nonresident operating privilege for a period of time 22,363
set by the court but not less than three years, and the judge may 22,364
permanently revoke the offender's driver's or commercial driver's 22,365
license or permit or nonresident operating privilege. 22,366
(5) The filing of an appeal by a person whose driver's or 22,368
commercial driver's license is suspended or revoked under 22,369
division (B)(1), (2), (3), or (4) of this section regarding any 22,370
aspect of the person's trial or sentence does not stay the 22,371
operation of the suspension or revocation. 22,373
(C) The trial judge of any court of record or the mayor of 22,375
a mayor's court, in addition to or independent of all other 22,376
penalties provided by law or by ordinance, may suspend the 22,377
driver's or commercial driver's license or permit or nonresident 22,378
operating privilege of any person who violates a requirement or 22,379
503
prohibition of the court imposed under division (F) of this 22,380
section or division (G)(1) of section 2951.02 of the Revised Code 22,382
as follows:
(1) For not more than one year, upon conviction for a 22,384
first violation of the requirement or prohibition; 22,385
(2) For not more than five years, upon conviction for a 22,387
second or subsequent violation of the requirement or prohibition 22,388
during the same period of required use of an ignition interlock 22,389
device that is certified pursuant to section 4511.83 of the 22,390
Revised Code. 22,391
(D)(1) The trial judge of any court of record, in addition 22,393
to or independent of all other penalties provided by law or by 22,394
ordinance, shall permanently revoke the driver's or commercial 22,395
driver's license or permit or nonresident operating privilege of 22,396
any person who is convicted of or pleads guilty to a violation of 22,397
section 2903.04 or 2903.06 of the Revised Code in a case in which 22,399
division (D) of section 2903.04 or division (B) of section 22,401
2903.06 of the Revised Code requires the judge to permanently 22,403
revoke the license, permit, or privilege.
(2) In addition to any prison term authorized or required 22,405
by the section that establishes the offense and sections 2929.13 22,407
and 2929.14 of the Revised Code, and in addition to any other 22,408
sanction imposed for the offense under the section that 22,409
establishes the offense or sections 2929.11 to 2929.182 of the 22,410
Revised Code, the court that sentences an offender who is 22,411
convicted of or pleads guilty to a violation of section 2925.02, 22,412
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 22,413
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 22,417
revoke, shall suspend for not less than six months or more than 22,418
five years, as specified in the section that establishes the 22,419
offense, the person's driver's or commercial driver's license or 22,421
permit. If the person's driver's or commercial driver's license 22,422
or permit is under suspension on the date the court imposes 22,423
504
sentence upon the person, any revocation imposed upon the person 22,424
that is referred to in division (D)(2) of this section shall take 22,426
effect immediately. If the person's driver's or commercial 22,427
driver's license or permit is under suspension on the date the 22,428
court imposes sentence upon the person, any period of suspension 22,429
imposed upon the person that is referred to in division (D)(2) of 22,430
this section shall take effect on the next day immediately 22,431
following the end of that period of suspension. If the person is 22,432
sixteen years of age or older and is a resident of this state but 22,433
does not have a current, valid Ohio driver's or commercial 22,434
driver's license or permit, the court shall order the registrar 22,435
to deny to the person the issuance of a driver's or commercial 22,436
driver's license or permit for six months beginning on the date 22,437
the court imposes a sentence upon the person. If the person has 22,438
not attained the age of sixteen years on the date the court 22,439
sentences the person for the violation, the period of denial 22,440
shall commence on the date the person attains the age of sixteen 22,442
years.
(E) Except as otherwise provided in this section, the 22,444
trial judge of any court of record and the mayor of a mayor's 22,445
court, in addition to or independent of all other penalties 22,446
provided by law or ordinance, shall suspend for not less than 22,447
sixty days nor more than two years the driver's or commercial 22,448
driver's license or permit or nonresident operating privilege of 22,449
any person who is convicted of or pleads guilty to a violation of 22,450
division (B) of section 4511.19 of the Revised Code or of a 22,451
municipal ordinance substantially equivalent to that division 22,452
relating to operating a vehicle with a prohibited concentration 22,453
of alcohol in the blood, breath, or urine. 22,454
(F)(1) A person is not entitled to request, and a judge or 22,456
mayor shall not grant to the person, occupational driving 22,457
privileges under division (F) of this section if a person's 22,459
driver's or commercial driver's license or permit or nonresident 22,460
operating privilege has been suspended pursuant to division (B) 22,461
505
or (C) of this section or pursuant to division (F) of section 22,462
4511.191 of the Revised Code, and the person, within the 22,463
preceding seven years, has been convicted of or pleaded guilty to 22,464
three or more violations of one or more of the following: 22,465
(a) Division (A) or (B) of section 4511.19 of the Revised 22,468
Code;
(b) A municipal ordinance relating to operating a vehicle 22,471
while under the influence of alcohol, a drug of abuse, or alcohol 22,472
and a drug of abuse;
(c) A municipal ordinance relating to operating a vehicle 22,475
with a prohibited concentration of alcohol in the blood, breath, 22,476
or urine; 22,477
(d) Section 2903.04 of the Revised Code in a case in which 22,479
the person was subject to the sanctions described in division (D) 22,480
of that section; 22,481
(e) Division (A)(1) of section 2903.06 or division (A)(1) 22,484
of section 2903.08 of the Revised Code or a municipal ordinance 22,485
that is substantially similar to either of those divisions; 22,486
(f) Division (A)(2), (3), or (4) of section 2903.06, 22,489
division (A)(2) of section 2903.08, or former section 2903.07 of 22,490
the Revised Code, or a municipal ordinance that is substantially 22,491
similar to any of those divisions or that former section, in a 22,494
case in which the jury or judge found that the person was under 22,495
the influence of alcohol, a drug of abuse, or alcohol and a drug 22,496
of abuse;
(g) A statute of the United States or of any other state 22,498
or a municipal ordinance of a municipal corporation located in 22,499
any other state that is substantially similar to division (A) or 22,500
(B) of section 4511.19 of the Revised Code. 22,501
(2) Any other person who is not described in division 22,503
(F)(1) of this section and whose driver's or commercial driver's 22,505
license or nonresident operating privilege has been suspended 22,506
under any of those divisions may file a petition that alleges 22,507
that the suspension would seriously affect the person's ability 22,508
506
to continue the person's employment. The petition of a person 22,509
whose license, permit, or privilege was suspended pursuant to 22,510
division (F) of section 4511.191 of the Revised Code shall be 22,511
filed in the court specified in division (I)(4) of that section, 22,512
and the petition of a person whose license, permit, or privilege 22,513
was suspended under division (B) or (C) of this section shall be 22,514
filed in the municipal, county, mayor's, or in the case of a 22,515
minor, juvenile court that has jurisdiction over the place of 22,516
arrest. Upon satisfactory proof that there is reasonable cause 22,517
to believe that the suspension would seriously affect the 22,518
person's ability to continue the person's employment, the judge 22,520
of the court or mayor of the mayor's court may grant the person 22,521
occupational driving privileges during the period during which 22,522
the suspension otherwise would be imposed, except that the judge 22,523
or mayor shall not grant occupational driving privileges for 22,524
employment as a driver of commercial motor vehicles to any person 22,525
who is disqualified from operating a commercial motor vehicle 22,526
under section 2301.374 3123.611 or 4506.16 of the Revised Code OR 22,527
WHOSE COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL DRIVER'S 22,528
TEMPORARY INTRUCTION PERMIT HAS BEEN SUSPENDED UNDER SECTION 22,529
3123.58 OF THE REVISED CODE, and shall not grant occupational 22,530
driving privileges during any of the following periods of time: 22,531
(a) The first fifteen days of suspension imposed upon an 22,533
offender whose license, permit, or privilege is suspended 22,534
pursuant to division (B)(1) of this section or division (F)(1) of 22,535
section 4511.191 of the Revised Code. On or after the sixteenth 22,536
day of suspension, the court may grant the offender occupational 22,537
driving privileges, but the court may provide that the offender 22,538
shall not exercise the occupational driving privileges unless the 22,540
vehicles the offender operates are equipped with ignition 22,541
interlock devices. 22,542
(b) The first thirty days of suspension imposed upon an 22,544
offender whose license, permit, or privilege is suspended 22,545
pursuant to division (B)(2) of this section or division (F)(2) of 22,546
507
section 4511.191 of the Revised Code. On or after the 22,547
thirty-first day of suspension, the court may grant the offender 22,548
occupational driving privileges, but the court may provide that 22,549
the offender shall not exercise the occupational driving 22,550
privileges unless the vehicles the offender operates are equipped 22,552
with ignition interlock devices.
(c) The first one hundred eighty days of suspension 22,554
imposed upon an offender whose license, permit, or privilege is 22,555
suspended pursuant to division (B)(3) of this section or division 22,556
(F)(3) of section 4511.191 of the Revised Code. The judge may 22,557
grant occupational driving privileges to an offender who receives 22,558
a suspension under either of those divisions on or after the one 22,560
hundred eighty-first day of the suspension only if division (F) 22,561
of this section does not prohibit the judge from granting the 22,562
privileges and only if the judge, at the time of granting the 22,563
privileges, also issues an order prohibiting the offender, while 22,565
exercising the occupational driving privileges during the period 22,566
commencing with the one hundred eighty-first day of suspension 22,567
and ending with the first year of suspension, from operating any 22,568
motor vehicle unless it is equipped with a certified ignition 22,569
interlock device. After the first year of the suspension, the 22,570
court may authorize the offender to continue exercising the 22,571
occupational driving privileges in vehicles that are not equipped 22,572
with ignition interlock devices. If the offender does not 22,573
petition for occupational driving privileges until after the 22,574
first year of suspension and if division (F) of this section does 22,575
not prohibit the judge from granting the privileges, the judge 22,576
may grant the offender occupational driving privileges without 22,577
requiring the use of a certified ignition interlock device. 22,578
(d) The first three years of suspension imposed upon an 22,580
offender whose license, permit, or privilege is suspended 22,581
pursuant to division (B)(4) of this section or division (F)(4) of 22,582
section 4511.191 of the Revised Code. The judge may grant 22,583
occupational driving privileges to an offender who receives a 22,584
508
suspension under either of those divisions after the first three 22,586
years of suspension only if division (F) of this section does not 22,587
prohibit the judge from granting the privileges and only if the 22,588
judge, at the time of granting the privileges, also issues an 22,589
order prohibiting the offender from operating any motor vehicle, 22,590
for the period of suspension following the first three years of 22,591
suspension, unless the motor vehicle is equipped with a certified 22,592
ignition interlock device. 22,593
(G) If a person's driver's or commercial driver's license 22,595
or permit or nonresident operating privilege has been suspended 22,596
under division (E) of this section, and the person, within the 22,597
preceding seven years, has been convicted of or pleaded guilty to 22,598
three or more violations identified in division (F)(1) of this 22,600
section, the person is not entitled to request, and the judge or 22,602
mayor shall not grant to the person, occupational driving 22,603
privileges under this division. Any other person whose driver's 22,604
or commercial driver's license or nonresident operating privilege 22,605
has been suspended under division (E) of this section may file a 22,606
petition that alleges that the suspension would seriously affect 22,607
the person's ability to continue the person's employment. The 22,608
petition shall be filed in the municipal, county, or mayor's 22,610
court that has jurisdiction over the place of arrest. Upon 22,611
satisfactory proof that there is reasonable cause to believe that 22,612
the suspension would seriously affect the person's ability to 22,613
continue the person's employment, the judge of the court or mayor 22,615
of the mayor's court may grant the person occupational driving 22,616
privileges during the period during which the suspension 22,617
otherwise would be imposed, except that the judge or mayor shall 22,618
not grant occupational driving privileges for employment as a 22,619
driver of commercial motor vehicles to any person who is
disqualified from operating a commercial motor vehicle under 22,620
section 4506.16 of the Revised Code, and shall not grant 22,621
occupational driving privileges during the first sixty days of 22,622
suspension imposed upon an offender whose driver's or commercial 22,623
509
driver's license or permit or nonresident operating privilege is 22,624
suspended pursuant to division (E) of this section. 22,625
(H)(1) After a driver's or commercial driver's license or 22,627
permit has been suspended or revoked pursuant to this section, 22,629
the judge of the court or mayor of the mayor's court that 22,630
suspended or revoked the license or permit shall cause the 22,631
offender to deliver the license or permit to the court. The 22,632
judge, mayor, or clerk of the court or mayor's court, if the 22,633
license or permit has been suspended or revoked in connection 22,634
with any of the offenses listed in this section, forthwith shall 22,635
forward it to the registrar with notice of the action of the 22,637
court.
(2) Suspension of a commercial driver's license under this 22,639
section shall be concurrent with any period of disqualification 22,640
under section 2301.374 3123.611 or 4506.16 of the Revised Code OR 22,642
ANY PERIOD OF SUSPENSION UNDER SECTION 3123.58 OF THE REVISED
CODE. No person who is disqualified for life from holding a 22,644
commercial driver's license under section 4506.16 of the Revised 22,645
Code shall be issued a driver's license under this chapter during 22,646
the period for which the commercial driver's license was 22,647
suspended under this section, and no person whose commercial 22,648
driver's license is suspended under this section shall be issued 22,649
a driver's license under this chapter during the period of the 22,650
suspension.
(I) No judge shall suspend the first thirty days of 22,652
suspension of a driver's or commercial driver's license or permit 22,654
or a nonresident operating privilege required under division (A) 22,655
of this section, no judge or mayor shall suspend the first six 22,656
months of suspension required under division (B)(1) of this 22,657
section, no judge shall suspend the first year of suspension 22,658
required under division (B)(2) of this section, no judge shall 22,659
suspend the first year of suspension required under division 22,660
(B)(3) of this section, no judge shall suspend the first three 22,661
years of suspension required under division (B)(4) of this 22,662
510
section, no judge or mayor shall suspend the revocation required 22,663
by division (D) of this section, and no judge or mayor shall 22,664
suspend the first sixty days of suspension required under 22,665
division (E) of this section, except that the court shall credit 22,666
any period of suspension imposed pursuant to section 4511.191 or 22,667
4511.196 of the Revised Code against any time of suspension 22,668
imposed pursuant to division (B) or (E) of this section as 22,669
described in division (J) of this section.
(J) The judge of the court or mayor of the mayor's court 22,671
shall credit any time during which an offender was subject to an 22,672
administrative suspension of the offender's driver's or 22,673
commercial driver's license or permit or nonresident operating 22,675
privilege imposed pursuant to division (E) or (F) of section 22,676
4511.191 or a suspension imposed by a judge, referee, or mayor 22,677
pursuant to division (B)(1) or (2) of section 4511.196 of the 22,678
Revised Code against the time to be served under a related 22,679
suspension imposed pursuant to this section. 22,680
(K) The judge or mayor shall notify the bureau of any 22,682
determinations made, and of any suspensions or revocations 22,683
imposed, pursuant to division (B) of this section. 22,684
(L)(1) If a court issues an ignition interlock order under 22,686
division (F) of this section, the order shall authorize the 22,687
offender during the specified period to operate a motor vehicle 22,688
only if it is equipped with a certified ignition interlock 22,689
device. The court shall provide the offender with a copy of an 22,690
ignition interlock order issued under division (F) of this 22,691
section, and the copy of the order shall be used by the offender 22,692
in lieu of an Ohio driver's or commercial driver's license or 22,693
permit until the registrar or a deputy registrar issues the 22,694
offender a restricted license. 22,695
An order issued under division (F) of this section does not 22,697
authorize or permit the offender to whom it has been issued to 22,698
operate a vehicle during any time that the offender's driver's or 22,699
commercial driver's license or permit is suspended or revoked 22,700
511
under any other provision of law. 22,701
(2) The offender may present the ignition interlock order 22,703
to the registrar or to a deputy registrar. Upon presentation of 22,704
the order to the registrar or a deputy registrar, the registrar 22,705
or deputy registrar shall issue the offender a restricted 22,706
license. A restricted license issued under this division shall 22,707
be identical to an Ohio driver's license, except that it shall 22,708
have printed on its face a statement that the offender is 22,709
prohibited during the period specified in the court order from 22,710
operating any motor vehicle that is not equipped with a certified 22,711
ignition interlock device, and except that the date of 22,712
commencement and the date of termination of the period shall be 22,713
indicated conspicuously upon the face of the license. 22,714
(3) As used in this section: 22,716
(a) "Ignition interlock device" has the same meaning as in 22,718
section 4511.83 of the Revised Code. 22,719
(b) "Certified ignition interlock device" means an 22,721
ignition interlock device that is certified pursuant to section 22,722
4511.83 of the Revised Code. 22,723
Sec. 4507.34. Whenever a person is found guilty under the 22,732
laws of this state or under any ordinance of any political 22,733
subdivision of this state, of operating a motor vehicle in 22,734
violation of such laws or ordinances, relating to reckless 22,735
operation, the trial court of any court of record may, in 22,736
addition to or independent of all other penalties provided by 22,737
law, suspend for any period of time or revoke the driver's 22,738
license or commercial driver's license of any person so convicted 22,739
or pleading guilty to such offenses for any period that it 22,740
determines, not to exceed one year. 22,741
Suspension of a commercial driver's license under this 22,743
section shall be concurrent with any period of disqualification 22,744
under section 2301.374 3123.611 or 4506.16 of the Revised Code OR 22,746
PERIOD OF SUSPENSION UNDER SECTION 3123.58 OF THE REVISED CODE. 22,747
No person who is disqualified for life from holding a commercial 22,749
512
driver's license under section 4506.16 of the Revised Code shall 22,750
be issued a driver's license under this chapter during the period 22,751
for which the commercial driver's license was suspended under 22,752
this section, and no person whose commercial driver's license is 22,753
suspended under this section shall be issued a driver's license 22,754
under this chapter during the period of the suspension. 22,755
Sec. 4507.99. (A) Whoever violates division (B)(2) or 22,764
(D)(1) of section 4507.02 of the Revised Code is guilty of 22,765
driving under suspension or revocation or in violation of license 22,766
restrictions, a misdemeanor of the first degree. Whoever 22,767
violates division (C) of section 4507.02 of the Revised Code is 22,768
guilty of driving without paying a license reinstatement fee, a 22,769
misdemeanor of the first degree. Except as otherwise provided in 22,770
division (D) of section 4507.162 of the Revised Code, the court, 22,771
in addition to or independent of all other penalties provided by 22,772
law, may suspend for a period not to exceed one year the driver's 22,773
or commercial driver's license or permit or nonresident operating 22,774
privilege of any person who pleads guilty to or is convicted of a 22,775
violation of division (B)(2), (C), or (D)(1) of section 4507.02 22,776
of the Revised Code. 22,777
(B) Whoever violates division (D)(2) of section 4507.02 of 22,779
the Revised Code is guilty of driving under OMVI suspension or 22,780
revocation and shall be punished as provided in division (B)(1), 22,781
(2), or (3) and divisions (B)(4) to (8) of this section. 22,782
(1) Except as otherwise provided in division (B)(2) or (3) 22,784
of this section, driving under OMVI suspension or revocation is a 22,785
misdemeanor of the first degree, and the court shall sentence the 22,786
offender to a term of imprisonment of not less than three 22,787
consecutive days and may sentence the offender pursuant to 22,788
section 2929.21 of the Revised Code to a longer term of 22,789
imprisonment. As an alternative to the term of imprisonment 22,790
required to be imposed by this division, but subject to division 22,791
(B)(6) of this section, the court may sentence the offender to a 22,792
term of not less than thirty consecutive days of electronically 22,793
513
monitored house arrest as defined in division (A)(4) of section 22,794
2929.23 of the Revised Code. The period of electronically 22,795
monitored house arrest shall not exceed six months. In addition, 22,796
the court shall impose upon the offender a fine of not less than 22,797
two hundred fifty and not more than one thousand dollars. 22,798
Regardless of whether the vehicle the offender was 22,800
operating at the time of the offense is registered in the 22,801
offender's name or in the name of another person, the court, in 22,802
addition to or independent of any other sentence that it imposes 22,803
upon the offender and subject to section 4503.235 of the Revised 22,804
Code, shall order the immobilization for thirty days of the 22,805
vehicle the offender was operating at the time of the offense and 22,806
the impoundment for thirty days of the identification license 22,807
plates of that vehicle. The order for immobilization and 22,808
impoundment shall be issued and enforced in accordance with 22,809
section 4503.233 of the Revised Code. 22,810
(2) If, within five years of the offense, the offender has 22,812
been convicted of or pleaded guilty to one violation of division 22,813
(D)(2) of section 4507.02 of the Revised Code or a municipal 22,814
ordinance that is substantially equivalent to that division, 22,815
driving under OMVI suspension or revocation is a misdemeanor, and 22,816
the court shall sentence the offender to a term of imprisonment 22,817
of not less than ten consecutive days and may sentence the 22,818
offender to a longer definite term of imprisonment of not more 22,819
than one year. As an alternative to the term of imprisonment 22,820
required to be imposed by this division, but subject to division 22,821
(B)(6) of this section, the court may sentence the offender to a 22,822
term of not less than ninety consecutive days of electronically 22,823
monitored house arrest as defined in division (A)(4) of section 22,824
2929.23 of the Revised Code. The period of electronically 22,825
monitored house arrest shall not exceed one year. In addition, 22,826
the court shall impose upon the offender a fine of not less than 22,827
five hundred and not more than two thousand five hundred dollars. 22,828
Regardless of whether the vehicle the offender was 22,830
514
operating at the time of the offense is registered in the 22,831
offender's name or in the name of another person, the court, in 22,832
addition to or independent of any other sentence that it imposes 22,833
upon the offender and subject to section 4503.235 of the Revised 22,834
Code, shall order the immobilization for sixty days of the 22,835
vehicle the offender was operating at the time of the offense and 22,836
the impoundment for sixty days of the identification license 22,837
plates of that vehicle. The order for immobilization and 22,838
impoundment shall be issued and enforced in accordance with 22,839
section 4503.233 of the Revised Code. 22,840
(3) If, within five years of the offense, the offender has 22,842
been convicted of or pleaded guilty to two or more violations of 22,843
division (D)(2) of section 4507.02 of the Revised Code or a 22,844
municipal ordinance that is substantially equivalent to that 22,845
division, driving under OMVI suspension or revocation is guilty 22,846
of a misdemeanor. The court shall sentence the offender to a 22,847
term of imprisonment of not less than thirty consecutive days and 22,848
may sentence the offender to a longer definite term of 22,849
imprisonment of not more than one year. The court shall not 22,850
sentence the offender to a term of electronically monitored house 22,851
arrest as defined in division (A)(4) of section 2929.23 of the 22,852
Revised Code. In addition, the court shall impose upon the 22,853
offender a fine of not less than five hundred and not more than 22,854
two thousand five hundred dollars. 22,855
Regardless of whether the vehicle the offender was 22,857
operating at the time of the offense is registered in the 22,858
offender's name or in the name of another person, the court, in 22,859
addition to or independent of any other sentence that it imposes 22,860
upon the offender and subject to section 4503.235 of the Revised 22,861
Code, shall order the criminal forfeiture to the state of the 22,862
vehicle the offender was operating at the time of the offense. 22,863
The order of criminal forfeiture shall be issued and enforced in 22,864
accordance with section 4503.234 of the Revised Code. 22,865
If title to a motor vehicle that is subject to an order for 22,867
515
criminal forfeiture under this section is assigned or transferred 22,868
and division (C)(2) or (3) of section 4503.234 of the Revised 22,870
Code applies, in addition to or independent of any other penalty 22,871
established by law, the court may fine the offender the value of 22,872
the vehicle as determined by publications of the national auto 22,873
dealer's association. The proceeds from any fine imposed under 22,874
this division shall be distributed in accordance with division 22,875
(D)(4) of section 4503.234 of the Revised Code. 22,877
(4) In addition to or independent of all other penalties 22,879
provided by law or ordinance, the trial judge of any court of 22,880
record or the mayor of a mayor's court shall suspend for a period 22,881
not to exceed one year the driver's or commercial driver's 22,882
license or permit or nonresident operating privilege of an 22,883
offender who is sentenced under division (B)(1), (2), or (3) of 22,884
this section. 22,885
(5) Fifty per cent of any fine imposed by a court under 22,887
division (B)(1), (2), or (3) of this section shall be deposited 22,888
into the county indigent drivers alcohol treatment fund or 22,890
municipal indigent drivers alcohol treatment fund under the 22,891
control of that court, as created by the county or municipal 22,892
corporation pursuant to division (N) of section 4511.191 of the 22,893
Revised Code.
(6) No court shall impose the alternative sentence of not 22,895
less than thirty consecutive days of electronically monitored 22,896
house arrest permitted to be imposed by division (B)(1) of this 22,897
section or the alternative sentence of a term of not less than 22,898
ninety consecutive days of electronically monitored house arrest 22,899
permitted to be imposed by division (B)(2) of this section, 22,900
unless within sixty days of the date of sentencing, the court 22,901
issues a written finding, entered into the record, that, due to 22,902
the unavailability of space at the incarceration facility where 22,903
the offender is required to serve the term of imprisonment 22,904
imposed upon the offender, the offender will not be able to begin 22,905
serving that term of imprisonment within the sixty-day period 22,907
516
following the date of sentencing. If the court issues such a 22,908
finding, the court may impose the alternative sentence comprised 22,909
of or including electronically monitored house arrest permitted 22,910
to be imposed by division (B)(1) or (2) of this section. 22,911
(7) An offender sentenced under this section to a period 22,913
of electronically monitored house arrest shall be permitted work 22,914
release during such period. The duration of the work release 22,915
shall not exceed the time necessary each day for the offender to 22,916
commute to and from the place of employment and the offender's 22,917
home or other place specified by the sentencing court and the 22,918
time actually spent under employment. 22,919
(8) Suspension of a commercial driver's license under this 22,921
section shall be concurrent with any period of disqualification 22,922
under section 2301.374 3123.611 or 4506.16 of the Revised Code OR 22,924
ANY PERIOD OF SUSPENSION UNDER SECTION 3123.58 OF THE REVISED 22,925
CODE. No person who is disqualified for life from holding a 22,926
commercial driver's license under section 4506.16 of the Revised 22,927
Code shall be issued a driver's license under this chapter during 22,928
the period for which the commercial driver's license was 22,929
suspended under this section, and no person whose commercial 22,930
driver's license is suspended under this section shall be issued 22,931
a driver's license under this chapter during the period of the 22,932
suspension.
(C) Whoever violates division (B)(1) of section 4507.02 of 22,934
the Revised Code is guilty of driving under financial 22,935
responsibility law suspension or revocation and shall be punished 22,936
as provided in division (C)(1), (2), or (3) and division (C)(4) 22,937
of this section. 22,938
(1) Except as otherwise provided in division (C)(2) or (3) 22,940
of this section, driving under financial responsibility law 22,941
suspension or revocation is a misdemeanor of the first degree. 22,942
Regardless of whether the vehicle the offender was 22,944
operating at the time of the offense is registered in the 22,945
offender's name or in the name of another person, the court, in 22,946
517
addition to or independent of any other sentence that it imposes 22,947
upon the offender and subject to section 4503.235 of the Revised 22,948
Code, shall order the immobilization for thirty days of the 22,949
vehicle the offender was operating at the time of the offense and 22,950
the impoundment for thirty days of the identification license 22,951
plates of that vehicle. The order for immobilization and 22,952
impoundment shall be issued and enforced in accordance with 22,953
section 4503.233 of the Revised Code. 22,954
(2) If, within five years of the offense, the offender has 22,956
been convicted of or pleaded guilty to one violation of division 22,957
(B)(1) of section 4507.02 of the Revised Code or a municipal 22,958
ordinance that is substantially equivalent to that division, 22,959
driving under financial responsibility law suspension or 22,960
revocation is a misdemeanor of the first degree. 22,961
Regardless of whether the vehicle the offender was 22,963
operating at the time of the offense is registered in the 22,964
offender's name or in the name of another person, the court, in 22,965
addition to or independent of any other sentence that it imposes 22,966
upon the offender and subject to section 4503.235 of the Revised 22,967
Code, shall order the immobilization for sixty days of the 22,968
vehicle the offender was operating at the time of the offense and 22,969
the impoundment for sixty days of the identification license 22,970
plates of that vehicle. The order for immobilization and 22,971
impoundment shall be issued and enforced in accordance with 22,972
section 4503.233 of the Revised Code. 22,973
(3) If, within five years of the offense, the offender has 22,975
been convicted of or pleaded guilty to two or more violations of 22,976
division (B)(1) of section 4507.02 of the Revised Code or a 22,977
municipal ordinance that is substantially equivalent to that 22,978
division, driving under financial responsibility law suspension 22,979
or revocation is a misdemeanor of the first degree. 22,980
Regardless of whether the vehicle the offender was 22,982
operating at the time of the offense is registered in the 22,983
offender's name or in the name of another person, the court, in 22,984
518
addition to or independent of any other sentence that it imposes 22,985
upon the offender and subject to section 4503.235 of the Revised 22,986
Code, shall order the criminal forfeiture to the state of the 22,987
vehicle the offender was operating at the time of the offense. 22,988
The order of criminal forfeiture shall be issued and enforced in 22,989
accordance with section 4503.234 of the Revised Code. 22,990
If title to a motor vehicle that is subject to an order for 22,992
criminal forfeiture under this section is assigned or transferred 22,993
and division (C)(2) or (3) of section 4503.234 of the Revised 22,995
Code applies, in addition to or independent of any other penalty 22,996
established by law, the court may fine the offender the value of 22,997
the vehicle as determined by publications of the national auto 22,998
dealer's association. The proceeds from any fine imposed under 22,999
this division shall be distributed in accordance with division 23,000
(D)(4) of section 4503.234 of the Revised Code. 23,001
(4) Except as otherwise provided in division (D) of 23,003
section 4507.162 of the Revised Code, the court, in addition to 23,004
or independent of all other penalties provided by law, may 23,005
suspend for a period not to exceed one year the driver's or 23,006
commercial driver's license or permit or nonresident operating 23,007
privilege of an offender who is sentenced under division (C)(1), 23,008
(2), or (3) of this section. 23,009
(5) The court shall not release a vehicle from the 23,011
immobilization ordered under division (C)(1) or (2) of this 23,012
section unless the court is presented with current proof of 23,013
financial responsibility with respect to that vehicle.
(D) Whoever violates division (A)(1) or (3) of section 23,015
4507.02 of the Revised Code by operating a motor vehicle when the 23,017
offender's driver's or commercial driver's license has been 23,018
expired for no more than six months is guilty of a minor 23,019
misdemeanor. Whoever violates division (B) of section 4507.13 or 23,020
division (C) of section 4507.52 of the Revised Code is guilty of 23,021
a minor misdemeanor. 23,022
(E) Whoever violates section 4507.33 of the Revised Code 23,024
519
is guilty of permitting the operation of a vehicle by a person 23,025
with no legal right to operate a vehicle and shall be punished as 23,026
provided in division (E)(1) or (2) of this section. 23,027
(1) Except as otherwise provided in division (E)(2) of 23,029
this section, permitting the operation of a vehicle by a person 23,030
with no legal right to operate a vehicle is a misdemeanor of the 23,031
first degree. In addition to or independent of any other 23,032
sentence that it imposes upon the offender and subject to section 23,033
4503.235 of the Revised Code, the court shall order the 23,034
immobilization for thirty days of the vehicle involved in the 23,035
offense and the impoundment for thirty days of the identification 23,036
license plates of that vehicle. The order for immobilization and 23,037
impoundment shall be issued and enforced in accordance with 23,038
section 4503.233 of the Revised Code. 23,039
(2) If the offender previously has been convicted of or 23,041
pleaded guilty to one or more violations of section 4507.33 of 23,042
the Revised Code, permitting the operation of a vehicle by a 23,043
person with no legal right to operate a vehicle is a misdemeanor 23,044
of the first degree. In addition to or independent of any other 23,045
sentence that it imposes upon the offender and subject to section 23,046
4503.235 of the Revised Code, the court shall order the criminal 23,047
forfeiture to the state of the vehicle involved in the offense. 23,048
The order of criminal forfeiture shall be issued and enforced in 23,049
accordance with section 4503.234 of the Revised Code. 23,050
If title to a motor vehicle that is subject to an order for 23,052
criminal forfeiture under this section is assigned or transferred 23,053
and division (C)(2) or (3) of section 4503.234 of the Revised 23,055
Code applies, in addition to or independent of any other penalty 23,056
established by law, the court may fine the offender the value of 23,057
the vehicle as determined by publications of the national auto 23,058
dealer's association. The proceeds from any fine imposed under 23,059
this division shall be distributed in accordance with division 23,060
(D)(4) of section 4503.234 of the Revised Code. 23,062
(F) Whoever violates division (F)(1) or (2) of section 23,065
520
4507.05, or division (B) or (D) of section 4507.071 of the 23,067
Revised Code is guilty of a minor misdemeanor. 23,069
(G) Whoever violates division (G) of section 4507.21 of 23,072
the Revised Code shall be fined one hundred dollars.
(H) Except as provided in divisions (A) to (E) of this 23,074
section and unless another penalty is provided by the laws of 23,075
this state, whoever violates any provision of sections 4507.01 to 23,076
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a 23,077
misdemeanor of the first degree. 23,078
(I) Whenever a person is found guilty of a violation of 23,080
section 4507.32 of the Revised Code, the trial judge of any court 23,081
of record, in addition to or independent of all other penalties 23,082
provided by law or ordinance, may suspend for any period of time 23,083
not exceeding three years or revoke the license of any person, 23,084
partnership, association, or corporation, issued under section 23,085
4511.763 of the Revised Code. 23,086
(J) Whenever a person is found guilty of a violation of a 23,088
traffic offense specified in Traffic Rule 13(B) that requires the 23,089
person's appearance in court, the court shall require the person 23,090
to verify the existence at the time of the offense of proof of 23,092
financial responsibility covering the person's operation of the 23,093
motor vehicle, or the motor vehicle if registered in the person's 23,094
name, and notify the registrar pursuant to division (D) of 23,095
section 4509.101 of the Revised Code if the person fails to 23,096
verify the existence of such proof of financial responsibility. 23,097
Sec. 4511.191. (A) Any person who operates a vehicle upon 23,106
a highway or any public or private property used by the public 23,107
for vehicular travel or parking within this state shall be deemed 23,108
to have given consent to a chemical test or tests of the person's 23,110
blood, breath, or urine for the purpose of determining the 23,111
alcohol, drug, or alcohol and drug content of the person's blood, 23,112
breath, or urine if arrested for operating a vehicle while under 23,114
the influence of alcohol, a drug of abuse, or alcohol and a drug 23,115
of abuse or for operating a vehicle with a prohibited 23,116
521
concentration of alcohol in the blood, breath, or urine. The 23,117
chemical test or tests shall be administered at the request of a 23,118
police officer having reasonable grounds to believe the person to 23,119
have been operating a vehicle upon a highway or any public or 23,120
private property used by the public for vehicular travel or 23,121
parking in this state while under the influence of alcohol, a 23,122
drug of abuse, or alcohol and a drug of abuse or with a 23,123
prohibited concentration of alcohol in the blood, breath, or 23,124
urine. The law enforcement agency by which the officer is 23,125
employed shall designate which of the tests shall be
administered. 23,126
(B) Any person who is dead or unconscious, or who is 23,128
otherwise in a condition rendering the person incapable of 23,129
refusal, shall be deemed not to have withdrawn consent as 23,131
provided by division (A) of this section and the test or tests 23,132
may be administered, subject to sections 313.12 to 313.16 of the 23,133
Revised Code. 23,134
(C)(1) Any person under arrest for operating a vehicle 23,136
while under the influence of alcohol, a drug of abuse, or alcohol 23,137
and a drug of abuse or for operating a vehicle with a prohibited 23,138
concentration of alcohol in the blood, breath, or urine shall be 23,139
advised at a police station, or at a hospital, first-aid station, 23,140
or clinic to which the person has been taken for first-aid or 23,141
medical treatment, of both of the following: 23,142
(a) The consequences, as specified in division (E) of this 23,144
section, of the person's refusal to submit upon request to a 23,145
chemical test designated by the law enforcement agency as 23,147
provided in division (A) of this section; 23,148
(b) The consequences, as specified in division (F) of this 23,150
section, of the person's submission to the designated chemical 23,152
test if the person is found to have a prohibited concentration of 23,153
alcohol in the blood, breath, or urine. 23,154
(2)(a) The advice given pursuant to division (C)(1) of 23,156
this section shall be in a written form containing the 23,157
522
information described in division (C)(2)(b) of this section and 23,158
shall be read to the person. The form shall contain a statement 23,159
that the form was shown to the person under arrest and read to 23,160
the person in the presence of the arresting officer and either 23,162
another police officer, a civilian police employee, or an 23,163
employee of a hospital, first-aid station, or clinic, if any, to 23,164
which the person has been taken for first-aid or medical 23,165
treatment. The witnesses shall certify to this fact by signing 23,166
the form.
(b) The form required by division (C)(2)(a) of this 23,168
section shall read as follows: 23,169
"You now are under arrest for operating a vehicle while 23,171
under the influence of alcohol, a drug of abuse, or both alcohol 23,172
and a drug of abuse and will be requested by a police officer to 23,173
submit to a chemical test to determine the concentration of 23,174
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 23,175
blood, breath, or urine. 23,176
If you refuse to submit to the requested test or if you 23,178
submit to the requested test and are found to have a prohibited 23,179
concentration of alcohol in your blood, breath, or urine, your 23,180
driver's or commercial driver's license or permit or nonresident 23,181
operating privilege immediately will be suspended for the period 23,182
of time specified by law by the officer, on behalf of the 23,183
registrar of motor vehicles. You may appeal this suspension at 23,184
your initial appearance before the court that hears the charges 23,185
against you resulting from the arrest, and your initial 23,186
appearance will be conducted no later than five days after the 23,187
arrest. This suspension is independent of the penalties for the 23,188
offense, and you may be subject to other penalties upon 23,189
conviction." 23,190
(D)(1) If a person under arrest as described in division 23,192
(C)(1) of this section is not asked by a police officer to submit 23,193
to a chemical test designated as provided in division (A) of this 23,194
section, the arresting officer shall seize the Ohio or 23,195
523
out-of-state driver's or commercial driver's license or permit of 23,196
the person and immediately forward the seized license or permit 23,197
to the court in which the arrested person is to appear on the 23,198
charge for which the person was arrested. If the arrested person 23,199
does not have the person's driver's or commercial driver's 23,200
license or permit on the person's self or in the person's 23,201
vehicle, the arresting officer shall order the arrested person to 23,203
surrender it to the law enforcement agency that employs the 23,205
officer within twenty-four hours after the arrest, and, upon the 23,206
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 23,208
person is to appear on the charge for which the person was 23,209
arrested. Upon receipt of the license or permit, the court shall 23,211
retain it pending the initial appearance of the arrested person 23,212
and any action taken under section 4511.196 of the Revised Code. 23,213
If a person under arrest as described in division (C)(1) of 23,215
this section is asked by a police officer to submit to a chemical 23,216
test designated as provided in division (A) of this section and 23,217
is advised of the consequences of the person's refusal or 23,218
submission as provided in division (C) of this section and if the 23,219
person either refuses to submit to the designated chemical test 23,220
or the person submits to the designated chemical test and the 23,221
test results indicate that the person's blood contained a 23,222
concentration of ten-hundredths of one per cent or more by weight 23,223
of alcohol, the person's breath contained a concentration of 23,224
ten-hundredths of one gram or more by weight of alcohol per two 23,225
hundred ten liters of the person's breath, or the person's urine 23,226
contained a concentration of fourteen-hundredths of one gram or 23,228
more by weight of alcohol per one hundred milliliters of the 23,229
person's urine at the time of the alleged offense, the arresting 23,231
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 23,233
suspension upon the person that advises the person that, 23,234
independent of any penalties or sanctions imposed upon the person 23,236
524
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 23,238
license or permit or nonresident operating privilege is 23,239
suspended, that the suspension takes effect immediately, that the 23,240
suspension will last at least until the person's initial 23,241
appearance on the charge that will be held within five days after 23,243
the date of the person's arrest or the issuance of a citation to 23,245
the person, and that the person may appeal the suspension at the 23,247
initial appearance; seize the Ohio or out-of-state driver's or 23,248
commercial driver's license or permit of the person; and 23,249
immediately forward the seized license or permit to the 23,250
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 23,251
self or in the person's vehicle, the arresting officer shall 23,253
order the person to surrender it to the law enforcement agency 23,254
that employs the officer within twenty-four hours after the 23,255
service of the notice of suspension, and, upon the surrender, the 23,256
officer's employing agency immediately shall forward the license 23,257
or permit to the registrar. 23,258
(b) Verify the current residence of the person and, if it 23,260
differs from that on the person's driver's or commercial driver's 23,261
license or permit, notify the registrar of the change; 23,262
(c) In addition to forwarding the arrested person's 23,264
driver's or commercial driver's license or permit to the 23,265
registrar, send to the registrar, within forty-eight hours after 23,266
the arrest of the person, a sworn report that includes all of the 23,267
following statements: 23,268
(i) That the officer had reasonable grounds to believe 23,270
that, at the time of the arrest, the arrested person was 23,271
operating a vehicle upon a highway or public or private property 23,272
used by the public for vehicular travel or parking within this 23,273
state while under the influence of alcohol, a drug of abuse, or 23,274
alcohol and a drug of abuse or with a prohibited concentration of 23,275
alcohol in the blood, breath, or urine; 23,276
525
(ii) That the person was arrested and charged with 23,278
operating a vehicle while under the influence of alcohol, a drug 23,279
of abuse, or alcohol and a drug of abuse or with operating a 23,280
vehicle with a prohibited concentration of alcohol in the blood, 23,281
breath, or urine; 23,282
(iii) That the officer asked the person to take the 23,284
designated chemical test, advised the person of the consequences 23,285
of submitting to the chemical test or refusing to take the 23,286
chemical test, and gave the person the form described in division 23,287
(C)(2) of this section; 23,288
(iv) That the person refused to submit to the chemical 23,290
test or that the person submitted to the chemical test and the 23,291
test results indicate that the person's blood contained a 23,292
concentration of ten-hundredths of one per cent or more by weight 23,294
of alcohol, the person's breath contained a concentration of 23,295
ten-hundredths of one gram or more by weight of alcohol per two 23,296
hundred ten liters of the person's breath, or the person's urine 23,297
contained a concentration of fourteen-hundredths of one gram or 23,299
more by weight of alcohol per one hundred milliliters of the 23,300
person's urine at the time of the alleged offense; 23,302
(v) That the officer served a notice of suspension upon 23,304
the person as described in division (D)(1)(a) of this section. 23,305
(2) The sworn report of an arresting officer completed 23,307
under division (D)(1)(c) of this section shall be given by the 23,308
officer to the arrested person at the time of the arrest or sent 23,309
to the person by regular first class mail by the registrar as 23,310
soon thereafter as possible, but no later than fourteen days 23,311
after receipt of the report. An arresting officer may give an 23,312
unsworn report to the arrested person at the time of the arrest 23,313
provided the report is complete when given to the arrested person 23,314
and subsequently is sworn to by the arresting officer. As soon 23,315
as possible, but no later than forty-eight hours after the arrest 23,316
of the person, the arresting officer shall send a copy of the 23,317
sworn report to the court in which the arrested person is to 23,318
526
appear on the charge for which the person was arrested. 23,319
(3) The sworn report of an arresting officer completed and 23,321
sent to the registrar and the court under divisions (D)(1)(c) and 23,322
(D)(2) of this section is prima-facie proof of the information 23,323
and statements that it contains and shall be admitted and 23,324
considered as prima-facie proof of the information and statements 23,325
that it contains in any appeal under division (H) of this section 23,326
relative to any suspension of a person's driver's or commercial 23,327
driver's license or permit or nonresident operating privilege 23,328
that results from the arrest covered by the report. 23,329
(E)(1) Upon receipt of the sworn report of an arresting 23,331
officer completed and sent to the registrar and a court pursuant 23,332
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 23,333
person who refused to take the designated chemical test, the 23,334
registrar shall enter into the registrar's records the fact that 23,336
the person's driver's or commercial driver's license or permit or 23,337
nonresident operating privilege was suspended by the arresting 23,338
officer under division (D)(1)(a) of this section and the period 23,339
of the suspension, as determined under divisions (E)(1)(a) to (d) 23,340
of this section. The suspension shall be subject to appeal as 23,341
provided in this section and shall be for whichever of the 23,342
following periods applies: 23,343
(a) If the arrested person, within five years of the date 23,345
on which the person refused the request to consent to the 23,346
chemical test, had not refused a previous request to consent to a 23,348
chemical test of the person's blood, breath, or urine to 23,349
determine its alcohol content, the period of suspension shall be 23,351
one year. If the person is a resident without a license or 23,352
permit to operate a vehicle within this state, the registrar 23,353
shall deny to the person the issuance of a driver's or commercial 23,354
driver's license or permit for a period of one year after the 23,355
date of the alleged violation.
(b) If the arrested person, within five years of the date 23,357
on which the person refused the request to consent to the 23,358
527
chemical test, had refused one previous request to consent to a 23,360
chemical test of the person's blood, breath, or urine to 23,361
determine its alcohol content, the period of suspension or denial 23,363
shall be two years.
(c) If the arrested person, within five years of the date 23,365
on which the person refused the request to consent to the 23,366
chemical test, had refused two previous requests to consent to a 23,368
chemical test of the person's blood, breath, or urine to 23,369
determine its alcohol content, the period of suspension or denial 23,371
shall be three years.
(d) If the arrested person, within five years of the date 23,373
on which the person refused the request to consent to the 23,374
chemical test, had refused three or more previous requests to 23,376
consent to a chemical test of the person's blood, breath, or 23,377
urine to determine its alcohol content, the period of suspension 23,379
or denial shall be five years. 23,380
(2) The suspension or denial imposed under division (E)(1) 23,382
of this section shall continue for the entire one-year, two-year, 23,383
three-year, or five-year period, subject to appeal as provided in 23,384
this section and subject to termination as provided in division 23,385
(K) of this section. 23,386
(F) Upon receipt of the sworn report of an arresting 23,388
officer completed and sent to the registrar and a court pursuant 23,389
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 23,390
person whose test results indicate that the person's blood 23,391
contained a concentration of ten-hundredths of one per cent or 23,393
more by weight of alcohol, the person's breath contained a 23,394
concentration of ten-hundredths of one gram or more by weight of 23,396
alcohol per two hundred ten liters of the person's breath, or the 23,398
person's urine contained a concentration of fourteen-hundredths 23,399
of one gram or more by weight of alcohol per one hundred 23,400
milliliters of the person's urine at the time of the alleged 23,401
offense, the registrar shall enter into the registrar's records 23,402
the fact that the person's driver's or commercial driver's 23,404
528
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 23,405
this section and the period of the suspension, as determined 23,406
under divisions (F)(1) to (4) of this section. The suspension 23,407
shall be subject to appeal as provided in this section and shall 23,408
be for whichever of the following periods that applies: 23,409
(1) Except when division (F)(2), (3), or (4) of this 23,411
section applies and specifies a different period of suspension or 23,412
denial, the period of the suspension or denial shall be ninety 23,413
days.
(2) The period of suspension or denial shall be one year 23,415
if the person has been convicted, within six years of the date 23,417
the test was conducted, of a violation of one of the following: 23,419
(a) Division (A) or (B) of section 4511.19 of the Revised 23,421
Code; 23,422
(b) A municipal ordinance relating to operating a vehicle 23,424
while under the influence of alcohol, a drug of abuse, or alcohol 23,426
and a drug of abuse; 23,427
(c) A municipal ordinance relating to operating a vehicle 23,429
with a prohibited concentration of alcohol in the blood, breath, 23,430
or urine; 23,431
(d) Section 2903.04 of the Revised Code in a case in which 23,433
the offender was subject to the sanctions described in division 23,434
(D) of that section; 23,435
(e) Division (A)(1) of section 2903.06 or division (A)(1) 23,438
of section 2903.08 of the Revised Code or a municipal ordinance 23,439
that is substantially similar to either of those divisions; 23,440
(f) Division (A)(2), (3), or (4) of section 2903.06, 23,443
division (A)(2) of section 2903.08, or former section 2903.07 of 23,444
the Revised Code, or a municipal ordinance that is substantially 23,445
similar to any of those divisions or that former section, in a 23,446
case in which the jury or judge found that at the time of the 23,448
commission of the offense the offender was under the influence of 23,449
alcohol, a drug of abuse, or alcohol and a drug of abuse; 23,450
529
(g) A statute of the United States or of any other state 23,453
or a municipal ordinance of a municipal corporation located in 23,454
any other state that is substantially similar to division (A) or
(B) of section 4511.19 of the Revised Code. 23,455
(3) If the person has been convicted, within six years of 23,457
the date the test was conducted, of two violations of a statute 23,458
or ordinance described in division (F)(2) of this section, the 23,460
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 23,462
the date the test was conducted, of more than two violations of a 23,463
statute or ordinance described in division (F)(2) of this 23,464
section, the period of the suspension or denial shall be three 23,465
years. 23,466
(G)(1) A suspension of a person's driver's or commercial 23,468
driver's license or permit or nonresident operating privilege 23,469
under division (D)(1)(a) of this section for the period of time 23,470
described in division (E) or (F) of this section is effective 23,471
immediately from the time at which the arresting officer serves 23,472
the notice of suspension upon the arrested person. Any 23,473
subsequent finding that the person is not guilty of the charge 23,474
that resulted in the person being requested to take, or in the 23,476
person taking, the chemical test or tests under division (A) of 23,477
this section affects the suspension only as described in division 23,478
(H)(2) of this section. 23,479
(2) If a person is arrested for operating a vehicle while 23,481
under the influence of alcohol, a drug of abuse, or alcohol and a 23,482
drug of abuse or for operating a vehicle with a prohibited 23,483
concentration of alcohol in the blood, breath, or urine and 23,484
regardless of whether the person's driver's or commercial 23,485
driver's license or permit or nonresident operating privilege is 23,486
or is not suspended under division (E) or (F) of this section, 23,487
the person's initial appearance on the charge resulting from the 23,488
arrest shall be held within five days of the person's arrest or 23,489
the issuance of the citation to the person, subject to any 23,490
530
continuance granted by the court pursuant to division (H)(1) of 23,492
this section regarding the issues specified in that division. 23,493
(H)(1) If a person is arrested for operating a vehicle 23,495
while under the influence of alcohol, a drug of abuse, or alcohol 23,496
and a drug of abuse or for operating a vehicle with a prohibited 23,497
concentration of alcohol in the blood, breath, or urine and if 23,498
the person's driver's or commercial driver's license or permit or 23,499
nonresident operating privilege is suspended under division (E) 23,500
or (F) of this section, the person may appeal the suspension at 23,501
the person's initial appearance on the charge resulting from the 23,504
arrest in the court in which the person will appear on that 23,505
charge. If the person appeals the suspension at the person's 23,506
initial appearance, the appeal does not stay the operation of the 23,507
suspension. Subject to division (H)(2) of this section, no court 23,508
has jurisdiction to grant a stay of a suspension imposed under 23,509
division (E) or (F) of this section, and any order issued by any 23,510
court that purports to grant a stay of any suspension imposed 23,511
under either of those divisions shall not be given administrative 23,512
effect.
If the person appeals the suspension at the person's 23,514
initial appearance, either the person or the registrar may 23,515
request a continuance of the appeal. Either the person or the 23,517
registrar shall make the request for a continuance of the appeal 23,518
at the same time as the making of the appeal. If either the 23,519
person or the registrar requests a continuance of the appeal, the 23,520
court may grant the continuance. The court also may continue the 23,521
appeal on its own motion. The granting of a continuance applies 23,522
only to the conduct of the appeal of the suspension and does not 23,523
extend the time within which the initial appearance must be 23,524
conducted, and the court shall proceed with all other aspects of 23,525
the initial appearance in accordance with its normal procedures. 23,526
Neither the request for nor the granting of a continuance stays 23,527
the operation of the suspension that is the subject of the 23,528
appeal.
531
If the person appeals the suspension at the person's 23,530
initial appearance, the scope of the appeal is limited to 23,531
determining whether one or more of the following conditions have 23,532
not been met: 23,533
(a) Whether the law enforcement officer had reasonable 23,535
ground to believe the arrested person was operating a vehicle 23,536
upon a highway or public or private property used by the public 23,537
for vehicular travel or parking within this state while under the 23,538
influence of alcohol, a drug of abuse, or alcohol and a drug of 23,539
abuse or with a prohibited concentration of alcohol in the blood, 23,540
breath, or urine and whether the arrested person was in fact 23,541
placed under arrest; 23,542
(b) Whether the law enforcement officer requested the 23,544
arrested person to submit to the chemical test designated 23,545
pursuant to division (A) of this section; 23,546
(c) Whether the arresting officer informed the arrested 23,548
person of the consequences of refusing to be tested or of 23,549
submitting to the test; 23,550
(d) Whichever of the following is applicable: 23,552
(i) Whether the arrested person refused to submit to the 23,554
chemical test requested by the officer; 23,555
(ii) Whether the chemical test results indicate that the 23,557
arrested person's blood contained a concentration of 23,558
ten-hundredths of one per cent or more by weight of alcohol, the 23,560
person's breath contained a concentration of ten-hundredths of 23,562
one gram or more by weight of alcohol per two hundred ten liters 23,563
of the person's breath, or the person's urine contained a 23,564
concentration of fourteen-hundredths of one gram or more by 23,566
weight of alcohol per one hundred milliliters of the person's 23,567
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 23,569
appearance, the judge or referee of the court or the mayor of the 23,570
mayor's court shall determine whether one or more of the 23,571
conditions specified in divisions (H)(1)(a) to (d) of this 23,572
532
section have not been met. The person who appeals the suspension 23,573
has the burden of proving, by a preponderance of the evidence, 23,574
that one or more of the specified conditions has not been met. 23,575
If during the appeal at the initial appearance the judge or 23,576
referee of the court or the mayor of the mayor's court determines 23,577
that all of those conditions have been met, the judge, referee, 23,578
or mayor shall uphold the suspension, shall continue the 23,579
suspension, and shall notify the registrar of the decision on a 23,580
form approved by the registrar. Except as otherwise provided in 23,581
division (H)(2) of this section, if the suspension is upheld or 23,582
if the person does not appeal the suspension at the person's 23,583
initial appearance under division (H)(1) of this section, the 23,584
suspension shall continue until the complaint alleging the 23,585
violation for which the person was arrested and in relation to 23,586
which the suspension was imposed is adjudicated on the merits by 23,587
the judge or referee of the trial court or by the mayor of the 23,588
mayor's court. If the suspension was imposed under division (E) 23,589
of this section and it is continued under this division, any 23,590
subsequent finding that the person is not guilty of the charge 23,591
that resulted in the person being requested to take the chemical 23,592
test or tests under division (A) of this section does not 23,593
terminate or otherwise affect the suspension. If the suspension 23,594
was imposed under division (F) of this section and it is 23,595
continued under this division, the suspension shall terminate if, 23,596
for any reason, the person subsequently is found not guilty of 23,597
the charge that resulted in the person taking the chemical test 23,598
or tests under division (A) of this section. 23,599
If, during the appeal at the initial appearance, the judge 23,601
or referee of the trial court or the mayor of the mayor's court 23,602
determines that one or more of the conditions specified in 23,603
divisions (H)(1)(a) to (d) of this section have not been met, the 23,604
judge, referee, or mayor shall terminate the suspension, subject 23,605
to the imposition of a new suspension under division (B) of 23,606
section 4511.196 of the Revised Code; shall notify the registrar 23,607
533
of the decision on a form approved by the registrar; and, except 23,608
as provided in division (B) of section 4511.196 of the Revised 23,610
Code, shall order the registrar to return the driver's or 23,611
commercial driver's license or permit to the person or to take 23,612
such measures as may be necessary, if the license or permit was 23,613
destroyed under section 4507.55 of the Revised Code, to permit 23,614
the person to obtain a replacement driver's or commercial 23,615
driver's license or permit from the registrar or a deputy 23,616
registrar in accordance with that section. The court also shall 23,617
issue to the person a court order, valid for not more than ten 23,618
days from the date of issuance, granting the person operating 23,619
privileges for that period of time.
If the person appeals the suspension at the initial 23,621
appearance, the registrar shall be represented by the prosecuting 23,622
attorney of the county in which the arrest occurred if the 23,623
initial appearance is conducted in a juvenile court or county 23,624
court, except that if the arrest occurred within a city or 23,625
village within the jurisdiction of the county court in which the 23,626
appeal is conducted, the city director of law or village 23,627
solicitor of that city or village shall represent the registrar. 23,628
If the appeal is conducted in a municipal court, the registrar 23,629
shall be represented as provided in section 1901.34 of the 23,630
Revised Code. If the appeal is conducted in a mayor's court, the 23,631
registrar shall be represented by the city director of law, 23,632
village solicitor, or other chief legal officer of the municipal 23,633
corporation that operates that mayor's court. 23,634
(I)(1)(a) A person is not entitled to request, and a court 23,636
shall not grant to the person, occupational driving privileges 23,637
under division (I)(1) of this section if a person's driver's or 23,639
commercial driver's license or permit or nonresident operating 23,640
privilege has been suspended pursuant to division (E) of this 23,641
section, and the person, within the preceding seven years, has 23,642
refused three previous requests to consent to a chemical test of 23,643
the person's blood, breath, or urine to determine its alcohol 23,644
534
content or has been convicted of or pleaded guilty to three or 23,645
more violations of one or more of the following: 23,646
(i) Division (A) or (B) of section 4511.19 of the Revised 23,648
Code; 23,649
(ii) A municipal ordinance relating to operating a vehicle 23,652
while under the influence of alcohol, a drug of abuse, or alcohol 23,653
and a drug of abuse; 23,654
(iii) A municipal ordinance relating to operating a 23,656
vehicle with a prohibited concentration of alcohol in the blood, 23,657
breath, or urine; 23,658
(iv) Section 2903.04 of the Revised Code in a case in 23,660
which the person was subject to the sanctions described in 23,661
division (D) of that section; 23,662
(v) Division (A)(1) of section 2903.06 or division (A)(1) 23,665
of section 2903.08 of the Revised Code or a municipal ordinance 23,666
that is substantially similar to either of those divisions; 23,667
(vi) Division (A)(2), (3), or (4) of section 2903.06, 23,670
division (A)(2) of section 2903.08, or former section 2903.07 of 23,671
the Revised Code, or a municipal ordinance that is substantially 23,672
similar to any of those divisions or that former section, in a 23,673
case in which the jury or judge found that the person was under 23,675
the influence of alcohol, a drug of abuse, or alcohol and a drug 23,676
of abuse;
(vii) A statute of the United States or of any other state 23,679
or a municipal ordinance of a municipal corporation located in 23,680
any other state that is substantially similar to division (A) or 23,681
(B) of section 4511.19 of the Revised Code.
(b) Any other person who is not described in division 23,683
(I)(1)(a) of this section and whose driver's or commercial 23,685
driver's license or nonresident operating privilege has been 23,686
suspended pursuant to division (E) of this section may file a 23,687
petition requesting occupational driving privileges in the common 23,688
pleas court, municipal court, county court, mayor's court, or, if 23,689
the person is a minor, juvenile court with jurisdiction over the 23,691
535
related criminal or delinquency case. The petition may be filed 23,692
at any time subsequent to the date on which the notice of 23,693
suspension is served upon the arrested person. The person shall 23,694
pay the costs of the proceeding, notify the registrar of the 23,695
filing of the petition, and send the registrar a copy of the 23,696
petition.
In the proceedings, the registrar shall be represented by 23,698
the prosecuting attorney of the county in which the arrest 23,699
occurred if the petition is filed in the juvenile court, county 23,700
court, or common pleas court, except that, if the arrest occurred 23,701
within a city or village within the jurisdiction of the county 23,703
court in which the petition is filed, the city director of law or 23,704
village solicitor of that city or village shall represent the 23,705
registrar. If the petition is filed in the municipal court, the 23,706
registrar shall be represented as provided in section 1901.34 of 23,707
the Revised Code. If the petition is filed in a mayor's court, 23,708
the registrar shall be represented by the city director of law, 23,709
village solicitor, or other chief legal officer of the municipal 23,710
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 23,712
suspension would seriously affect the person's ability to 23,713
continue in the person's employment, may grant the person 23,714
occupational driving privileges during the period of suspension 23,716
imposed pursuant to division (E) of this section, subject to the 23,717
limitations contained in this division and division (I)(2) of 23,718
this section. The court may grant the occupational driving 23,719
privileges, subject to the limitations contained in this division 23,720
and division (I)(2) of this section, regardless of whether the 23,721
person appeals the suspension at the person's initial appearance 23,723
under division (H)(1) of this section or appeals the decision of 23,724
the court made pursuant to the appeal conducted at the initial 23,725
appearance, and, if the person has appealed the suspension or 23,726
decision, regardless of whether the matter at issue has been 23,727
heard or decided by the court. The court shall not grant 23,728
536
occupational driving privileges for employment as a driver of 23,730
commercial motor vehicles to any person who is disqualified from 23,731
operating a commercial motor vehicle under section 2301.374 23,732
3123.611 or 4506.16 of the Revised Code OR WHOSE COMMERCIAL 23,733
DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION
PERMIT HAS BEEN SUSPENDED UNDER SECTION 3123.58 OF THE REVISED 23,734
CODE.
(2)(a) In granting occupational driving privileges under 23,736
division (I)(1) of this section, the court may impose any 23,737
condition it considers reasonable and necessary to limit the use 23,738
of a vehicle by the person. The court shall deliver to the 23,739
person a permit card, in a form to be prescribed by the court, 23,740
setting forth the time, place, and other conditions limiting the 23,741
defendant's use of a vehicle. The grant of occupational driving 23,742
privileges shall be conditioned upon the person's having the 23,743
permit in the person's possession at all times during which the 23,745
person is operating a vehicle.
A person granted occupational driving privileges who 23,747
operates a vehicle for other than occupational purposes, in 23,748
violation of any condition imposed by the court, or without 23,749
having the permit in the person's possession, is guilty of a 23,750
violation of section 4507.02 of the Revised Code. 23,752
(b) The court may not grant a person occupational driving 23,754
privileges under division (I)(1) of this section when prohibited 23,755
by a limitation contained in that division or during any of the 23,756
following periods of time: 23,757
(i) The first thirty days of suspension imposed upon a 23,759
person who, within five years of the date on which the person 23,760
refused the request to consent to a chemical test of the person's 23,762
blood, breath, or urine to determine its alcohol content and for 23,764
which refusal the suspension was imposed, had not refused a 23,765
previous request to consent to a chemical test of the person's 23,766
blood, breath, or urine to determine its alcohol content; 23,768
(ii) The first ninety days of suspension imposed upon a 23,770
537
person who, within five years of the date on which the person 23,771
refused the request to consent to a chemical test of the person's 23,773
blood, breath, or urine to determine its alcohol content and for 23,775
which refusal the suspension was imposed, had refused one 23,776
previous request to consent to a chemical test of the person's 23,777
blood, breath, or urine to determine its alcohol content; 23,779
(iii) The first year of suspension imposed upon a person 23,781
who, within five years of the date on which the person refused 23,783
the request to consent to a chemical test of the person's blood, 23,785
breath, or urine to determine its alcohol content and for which 23,786
refusal the suspension was imposed, had refused two previous 23,787
requests to consent to a chemical test of the person's blood, 23,788
breath, or urine to determine its alcohol content; 23,790
(iv) The first three years of suspension imposed upon a 23,792
person who, within five years of the date on which the person 23,793
refused the request to consent to a chemical test of the person's 23,795
blood, breath, or urine to determine its alcohol content and for 23,797
which refusal the suspension was imposed, had refused three or 23,798
more previous requests to consent to a chemical test of the 23,799
person's blood, breath, or urine to determine its alcohol 23,801
content.
(3) The court shall give information in writing of any 23,803
action taken under this section to the registrar. 23,804
(4) If a person's driver's or commercial driver's license 23,806
or permit or nonresident operating privilege has been suspended 23,807
pursuant to division (F) of this section, and the person, within 23,808
the preceding seven years, has been convicted of or pleaded 23,809
guilty to three or more violations of division (A) or (B) of 23,810
section 4511.19 of the Revised Code, a municipal ordinance 23,811
relating to operating a vehicle while under the influence of 23,812
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 23,813
municipal ordinance relating to operating a vehicle with a 23,814
prohibited concentration of alcohol in the blood, breath, or 23,815
urine, section 2903.04 of the Revised Code in a case in which the 23,816
538
person was subject to the sanctions described in division (D) of 23,817
that section, or section 2903.06, 2903.07, or 2903.08 of the 23,818
Revised Code or a municipal ordinance that is substantially 23,819
similar to section 2903.07 of the Revised Code in a case in which 23,820
the jury or judge found that the person was under the influence 23,821
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 23,822
statute of the United States or of any other state or a municipal 23,823
ordinance of a municipal corporation located in any other state 23,825
that is substantially similar to division (A) or (B) of section 23,826
4511.19 of the Revised Code, the person is not entitled to 23,827
request, and the court shall not grant to the person, 23,828
occupational driving privileges under this division. Any other 23,829
person whose driver's or commercial driver's license or 23,830
nonresident operating privilege has been suspended pursuant to 23,831
division (F) of this section may file in the court specified in 23,832
division (I)(1)(b) of this section a petition requesting 23,833
occupational driving privileges in accordance with section 23,834
4507.16 of the Revised Code. The petition may be filed at any 23,835
time subsequent to the date on which the arresting officer serves 23,836
the notice of suspension upon the arrested person. Upon the 23,837
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 23,838
The court may grant the occupational driving privileges, subject 23,839
to the limitations contained in section 4507.16 of the Revised 23,840
Code, regardless of whether the person appeals the suspension at 23,841
the person's initial appearance under division (H)(1) of this 23,843
section or appeals the decision of the court made pursuant to the 23,844
appeal conducted at the initial appearance, and, if the person 23,845
has appealed the suspension or decision, regardless of whether 23,846
the matter at issue has been heard or decided by the court. 23,847
(J) When it finally has been determined under the 23,849
procedures of this section that a nonresident's privilege to 23,850
operate a vehicle within this state has been suspended, the 23,851
registrar shall give information in writing of the action taken 23,852
539
to the motor vehicle administrator of the state of the person's 23,853
residence and of any state in which the person has a license. 23,854
(K) A suspension of the driver's or commercial driver's 23,856
license or permit of a resident, a suspension of the operating 23,857
privilege of a nonresident, or a denial of a driver's or 23,858
commercial driver's license or permit pursuant to division (E) or 23,860
(F) of this section shall be terminated by the registrar upon 23,862
receipt of notice of the person's entering a plea of guilty to, 23,863
or of the person's conviction of, operating a vehicle while under 23,865
the influence of alcohol, a drug of abuse, or alcohol and a drug 23,866
of abuse or with a prohibited concentration of alcohol in the 23,867
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 23,868
incident that led to the suspension or denial. 23,869
The registrar shall credit against any judicial suspension 23,871
of a person's driver's or commercial driver's license or permit 23,872
or nonresident operating privilege imposed pursuant to division 23,873
(B) or (E) of section 4507.16 of the Revised Code any time during 23,874
which the person serves a related suspension imposed pursuant to 23,875
division (E) or (F) of this section. 23,876
(L) At the end of a suspension period under this section, 23,878
section 4511.196, or division (B) of section 4507.16 of the 23,879
Revised Code and upon the request of the person whose driver's or 23,880
commercial driver's license or permit was suspended and who is 23,881
not otherwise subject to suspension, revocation, or 23,882
disqualification, the registrar shall return the driver's or 23,883
commercial driver's license or permit to the person upon the 23,884
person's compliance with all of the conditions specified in 23,886
divisions (L)(1) and (2) of this section: 23,887
(1) A showing by the person that the person has proof of 23,889
financial responsibility, a policy of liability insurance in 23,891
effect that meets the minimum standards set forth in section 23,892
4509.51 of the Revised Code, or proof, to the satisfaction of the 23,893
registrar, that the person is able to respond in damages in an 23,894
540
amount at least equal to the minimum amounts specified in section 23,895
4509.51 of the Revised Code. 23,896
(2) Subject to the limitation contained in division (L)(3) 23,899
of this section, payment by the person of a license reinstatement 23,900
fee of four hundred twenty-five dollars to the bureau of motor 23,902
vehicles, which fee shall be deposited in the state treasury and 23,904
credited as follows: 23,905
(a) One hundred twelve dollars and fifty cents shall be 23,908
credited to the statewide treatment and prevention fund created 23,909
by section 4301.30 of the Revised Code. The fund shall be used 23,911
to pay the costs of driver treatment and intervention programs 23,912
operated pursuant to sections 3793.02 and 3793.10 of the Revised 23,913
Code. The director of alcohol and drug addiction services shall 23,914
determine the share of the fund that is to be allocated to 23,915
alcohol and drug addiction programs authorized by section 3793.02 23,916
of the Revised Code, and the share of the fund that is to be 23,917
allocated to drivers' intervention programs authorized by section 23,918
3793.10 of the Revised Code.
(b) Seventy-five dollars shall be credited to the 23,920
reparations fund created by section 2743.191 of the Revised Code. 23,922
(c) Thirty-seven dollars and fifty cents shall be credited 23,925
to the indigent drivers alcohol treatment fund, which is hereby 23,926
established. Except as otherwise provided in division (L)(2)(c) 23,928
of this section, moneys in the fund shall be distributed by the 23,929
department of alcohol and drug addiction services to the county 23,930
indigent drivers alcohol treatment funds, the county juvenile 23,931
indigent drivers alcohol treatment funds, and the municipal 23,932
indigent drivers alcohol treatment funds that are required to be 23,933
established by counties and municipal corporations pursuant to 23,934
division (N) of this section, and shall be used only to pay the 23,935
cost of an alcohol and drug addiction treatment program attended 23,936
by an offender or juvenile traffic offender who is ordered to 23,937
attend an alcohol and drug addiction treatment program by a 23,938
county, juvenile, or municipal court judge and who is determined 23,939
541
by the county, juvenile, or municipal court judge not to have the 23,940
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 23,941
that division. Moneys in the fund that are not distributed to a 23,943
county indigent drivers alcohol treatment fund, a county juvenile 23,944
indigent drivers alcohol treatment fund, or a municipal indigent 23,945
drivers alcohol treatment fund under division (N) of this section 23,946
because the director of alcohol and drug addiction services does 23,947
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 23,948
arrested may be transferred by the director of budget and 23,949
management to the statewide treatment and prevention fund created 23,951
by section 4301.30 of the Revised Code, upon certification of the 23,952
amount by the director of alcohol and drug addiction services. 23,954
(d) Seventy-five dollars shall be credited to the Ohio 23,956
rehabilitation services commission established by section 3304.12 23,957
of the Revised Code, to the services for rehabilitation fund, 23,958
which is hereby established. The fund shall be used to match 23,959
available federal matching funds where appropriate, and for any 23,960
other purpose or program of the commission to rehabilitate people 23,961
with disabilities to help them become employed and independent. 23,962
(e) Seventy-five dollars shall be deposited into the state 23,965
treasury and credited to the drug abuse resistance education 23,966
programs fund, which is hereby established, to be used by the 23,967
attorney general for the purposes specified in division (L)(4) of 23,969
this section.
(f) Thirty dollars shall be credited to the state bureau 23,971
of motor vehicles fund created by section 4501.25 of the Revised 23,972
Code.
(g) Twenty dollars shall be credited to the trauma and 23,974
emergency medical services grants fund created by section 23,975
4513.263 of the Revised Code. 23,976
(3) If a person's driver's or commercial driver's license 23,978
or permit is suspended under division (E) or (F) of this section, 23,980
542
section 4511.196, or division (B) of section 4507.16 of the 23,981
Revised Code, or any combination of the suspensions described in 23,982
division (L)(3) of this section, and if the suspensions arise 23,983
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 23,984
required to pay to the bureau, only one reinstatement fee of four 23,985
hundred five dollars. The reinstatement fee shall be distributed 23,986
by the bureau in accordance with division (L)(2) of this section. 23,987
(4) The attorney general shall use amounts in the drug 23,989
abuse resistance education programs fund to award grants to law 23,990
enforcement agencies to establish and implement drug abuse 23,991
resistance education programs in public schools. Grants awarded 23,992
to a law enforcement agency under division (L)(2)(e) of this 23,993
section shall be used by the agency to pay for not more than 23,994
fifty per cent of the amount of the salaries of law enforcement 23,995
officers who conduct drug abuse resistance education programs in 23,996
public schools. The attorney general shall not use more than six 23,997
per cent of the amounts the attorney general's office receives 23,999
under division (L)(2)(e) of this section to pay the costs it 24,000
incurs in administering the grant program established by division 24,001
(L)(2)(e) of this section and in providing training and materials 24,002
relating to drug abuse resistance education programs. 24,003
The attorney general shall report to the governor and the 24,005
general assembly each fiscal year on the progress made in 24,006
establishing and implementing drug abuse resistance education 24,007
programs. These reports shall include an evaluation of the 24,008
effectiveness of these programs. 24,009
(M) Suspension of a commercial driver's license under 24,011
division (E) or (F) of this section shall be concurrent with any 24,012
period of disqualification under section 2301.374 3123.611 or 24,013
4506.16 of the Revised Code OR ANY PERIOD OF SUSPENSION UNDER 24,014
SECTION 3123.58 OF THE REVISED CODE. No person who is 24,015
disqualified for life from holding a commercial driver's license 24,016
under section 4506.16 of the Revised Code shall be issued a 24,017
543
driver's license under Chapter 4507. of the Revised Code during 24,018
the period for which the commercial driver's license was 24,019
suspended under division (E) or (F) of this section, and no 24,020
person whose commercial driver's license is suspended under 24,021
division (E) or (F) of this section shall be issued a driver's 24,022
license under that chapter during the period of the suspension. 24,023
(N)(1) Each county shall establish an indigent drivers 24,025
alcohol treatment fund, each county shall establish a juvenile 24,026
indigent drivers alcohol treatment fund, and each municipal 24,027
corporation in which there is a municipal court shall establish 24,028
an indigent drivers alcohol treatment fund. All revenue that the 24,029
general assembly appropriates to the indigent drivers alcohol 24,030
treatment fund for transfer to a county indigent drivers alcohol 24,031
treatment fund, a county juvenile indigent drivers alcohol 24,032
treatment fund, or a municipal indigent drivers alcohol treatment 24,033
fund, all portions of fees that are paid under division (L) of 24,034
this section and that are credited under that division to the 24,035
indigent drivers alcohol treatment fund in the state treasury for 24,036
a county indigent drivers alcohol treatment fund, a county 24,037
juvenile indigent drivers alcohol treatment fund, or a municipal 24,038
indigent drivers alcohol treatment fund, and all portions of 24,039
fines that are specified for deposit into a county or municipal 24,040
indigent drivers alcohol treatment fund by section 4511.193 of 24,041
the Revised Code shall be deposited into that county indigent 24,042
drivers alcohol treatment fund, county juvenile indigent drivers 24,043
alcohol treatment fund, or municipal indigent drivers alcohol 24,044
treatment fund in accordance with division (N)(2) of this 24,045
section. Additionally, all portions of fines that are paid for a 24,046
violation of section 4511.19 of the Revised Code or division 24,047
(B)(2) of section 4507.02 of the Revised Code, and that are 24,048
required under division (A)(1), (2), (5), or (6) of section 24,049
4511.99 or division (B)(5) of section 4507.99 of the Revised Code 24,050
to be deposited into a county indigent drivers alcohol treatment 24,051
fund or municipal indigent drivers alcohol treatment fund shall 24,052
544
be deposited into the appropriate fund in accordance with the 24,053
applicable division. 24,054
(2) That portion of the license reinstatement fee that is 24,056
paid under division (L) of this section and that is credited 24,057
under that division to the indigent drivers alcohol treatment 24,058
fund shall be deposited into a county indigent drivers alcohol 24,059
treatment fund, a county juvenile indigent drivers alcohol 24,060
treatment fund, or a municipal indigent drivers alcohol treatment 24,061
fund as follows: 24,062
(a) If the suspension in question was imposed under this 24,064
section, that portion of the fee shall be deposited as follows: 24,065
(i) If the fee is paid by a person who was charged in a 24,067
county court with the violation that resulted in the suspension, 24,068
the portion shall be deposited into the county indigent drivers 24,069
alcohol treatment fund under the control of that court; 24,070
(ii) If the fee is paid by a person who was charged in a 24,072
juvenile court with the violation that resulted in the 24,073
suspension, the portion shall be deposited into the county 24,074
juvenile indigent drivers alcohol treatment fund established in 24,075
the county served by the court; 24,076
(iii) If the fee is paid by a person who was charged in a 24,078
municipal court with the violation that resulted in the 24,079
suspension, the portion shall be deposited into the municipal 24,080
indigent drivers alcohol treatment fund under the control of that 24,081
court. 24,082
(b) If the suspension in question was imposed under 24,084
division (B) of section 4507.16 of the Revised Code, that portion 24,085
of the fee shall be deposited as follows: 24,086
(i) If the fee is paid by a person whose license or permit 24,088
was suspended by a county court, the portion shall be deposited 24,089
into the county indigent drivers alcohol treatment fund under the 24,090
control of that court; 24,091
(ii) If the fee is paid by a person whose license or 24,093
permit was suspended by a municipal court, the portion shall be 24,094
545
deposited into the municipal indigent drivers alcohol treatment 24,095
fund under the control of that court. 24,096
(3) Expenditures from a county indigent drivers alcohol 24,098
treatment fund, a county juvenile indigent drivers alcohol 24,099
treatment fund, or a municipal indigent drivers alcohol treatment 24,100
fund shall be made only upon the order of a county, juvenile, or 24,101
municipal court judge and only for payment of the cost of the 24,102
attendance at an alcohol and drug addiction treatment program of 24,103
a person who is convicted of, or found to be a juvenile traffic 24,104
offender by reason of, a violation of division (A) of section 24,105
4511.19 of the Revised Code or a substantially similar municipal 24,106
ordinance, who is ordered by the court to attend the alcohol and 24,107
drug addiction treatment program, and who is determined by the 24,108
court to be unable to pay the cost of attendance at the treatment 24,110
program or for payment of the costs specified in division (N)(4) 24,111
of this section in accordance with that division. The alcohol 24,112
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 24,114
section 340.02 or 340.021 of the Revised Code and serving the 24,116
alcohol, drug addiction, and mental health service district in 24,117
which the court is located shall administer the indigent drivers 24,118
alcohol treatment program of the court. When a court orders an 24,119
offender or juvenile traffic offender to attend an alcohol and 24,120
drug addiction treatment program, the board shall determine which 24,121
program is suitable to meet the needs of the offender or juvenile 24,122
traffic offender, and when a suitable program is located and 24,123
space is available at the program, the offender or juvenile 24,124
traffic offender shall attend the program designated by the 24,125
board. A reasonable amount not to exceed five per cent of the 24,126
amounts credited to and deposited into the county indigent 24,127
drivers alcohol treatment fund, the county juvenile indigent 24,128
drivers alcohol treatment fund, or the municipal indigent drivers 24,129
alcohol treatment fund serving every court whose program is 24,130
administered by that board shall be paid to the board to cover 24,131
546
the costs it incurs in administering those indigent drivers 24,132
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 24,134
in consultation with the alcohol and drug addiction services 24,135
board or the board of alcohol, drug addiction, and mental health 24,136
services established pursuant to section 340.02 or 340.021 of the 24,137
Revised Code and serving the alcohol, drug addiction, and mental 24,139
health district in which the court is located, that the funds in 24,140
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 24,141
municipal indigent drivers alcohol treatment fund under the 24,142
control of the court are more than sufficient to satisfy the 24,143
purpose for which the fund was established, as specified in 24,144
divisions (N)(1) to (3) of this section, the court may declare a 24,145
surplus in the fund. If the court declares a surplus in the 24,146
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 24,147
who are charged in the court with committing a criminal offense 24,148
or with being a delinquent child or juvenile traffic offender and 24,149
in relation to whom both of the following apply: 24,150
(a) The court determines that substance abuse was a 24,152
contributing factor leading to the criminal or delinquent 24,153
activity or the juvenile traffic offense with which the person is 24,154
charged.
(b) The court determines that the person is unable to pay 24,157
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 24,158
Sec. 4701.28. On receipt of a notice pursuant to section 24,168
2301.373 3123.43 of the Revised Code, the accountancy board shall 24,169
comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 24,171
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 24,172
3123.63 OF THE REVISED CODE with respect to a certificate or 24,173
permit issued pursuant to this chapter. 24,175
Sec. 4703.12. (A) Each original certificate issued and 24,186
547
registered shall authorize the holder to practice architecture as 24,187
a registered architect throughout this state from the date of 24,188
issuance until the last day of December of the odd-numbered year 24,189
next succeeding the date upon which the certificate was issued, 24,191
unless the certificate has been revoked or suspended for cause as 24,192
provided in section 4703.15 of the Revised Code. Every holder of 24,193
such certificate or its renewal shall secure a seal of the design 24,194
prescribed by the rules of the state board of examiners of 24,195
architects. All working drawings and specifications prepared by 24,196
or under the supervision of the holder shall be imprinted with 24,197
this seal. No person shall seal any document unless the person 24,198
is the holder of a certificate currently in good standing. 24,199
(B) Each certificate of authorization issued under 24,201
division (L) of section 4703.18 of the Revised Code shall 24,202
authorize the holder to provide architectural services, through 24,203
the architect designated as being in responsible charge of the 24,204
architectural practice, from the date of issuance until the last 24,205
day of June next succeeding the date upon which the certificate 24,206
was issued, unless the certificate has been revoked or suspended 24,207
for cause as provided in section 4703.15 of the Revised Code or 24,208
has been suspended pursuant to section 2301.373 3123.47 of the 24,209
Revised Code. 24,210
Sec. 4703.16. (A) The state board of examiners of 24,219
architects shall establish the application fee for obtaining 24,220
registration under section 4703.07 and the fee for obtaining 24,221
registration under section 4703.08 of the Revised Code. 24,222
(B) The fee to restore a certificate of qualification is 24,224
the renewal fee for the current certification period, plus the 24,226
renewal fee for each two-year period in which the certificate was 24,227
not renewed, plus a penalty of ten per cent of the total renewal 24,229
fees for each two-year period or part thereof in which the 24,230
certificate was not renewed, provided that the maximum fee shall 24,231
not exceed the amount established by the board. 24,232
(C) The board also shall establish the following fees: 24,234
548
(1) The fee for an original and duplicate certificate of 24,236
qualification to practice architecture and the biennial renewal 24,238
of the certificate;
(2) The fee for a duplicate renewal card; 24,240
(3) The fee to restore a certificate of qualification or 24,242
certificate of authorization revoked under section 4703.15 of the 24,243
Revised Code or suspended under section 2301.373 3123.47 of the 24,245
Revised Code; 24,246
(4) The fee for an original and duplicate certificate of 24,248
authorization issued under division (L) of section 4703.18 of the 24,249
Revised Code and the annual renewal of the certificate. 24,250
Sec. 4703.36. (A) The state board of landscape architect 24,259
examiners shall register as a landscape architect each applicant 24,260
who demonstrates to the satisfaction of the board that the 24,261
applicant has met all requirements of section 4703.34 of the 24,262
Revised Code, or in lieu thereof, has complied with the 24,263
provisions of section 4703.341 or 4703.35 of the Revised Code. 24,264
The certificate issued to each individual shall be prima-facie 24,265
evidence of the right of the individual to whom it is issued to 24,266
represent self as a landscape architect and to enter the practice 24,268
of landscape architecture, subject to sections 4703.30 to 4703.49 24,269
of the Revised Code.
(B) Each certificate of qualification issued and 24,271
registered shall authorize the holder to practice landscape 24,272
architecture as a landscape architect in this state until the 24,273
last day of October of each odd-numbered calendar year, unless 24,274
revoked or suspended for cause as provided in this chapter or 24,275
suspended pursuant to section 2301.373 3123.47 of the Revised 24,277
Code. License renewal shall be conducted in accordance with the
standard license renewal procedure in Chapter 4745. of the 24,278
Revised Code. Each renewal shall be recorded in the official 24,279
register of the board.
(C) Each person registered by the board shall secure a 24,281
seal of the design prescribed by the board. All plans, 24,282
549
specifications, drawings, and other documents prepared by, or 24,283
under the direct supervision of, the landscape architect shall be 24,284
imprinted with such seal, in accordance with the requirements of 24,285
the board. 24,286
(D) Each certificate of authorization issued under 24,288
division (F) of section 4703.331 of the Revised Code shall 24,289
authorize the holder to provide landscape architectural services, 24,290
through the landscape architect designated as being in 24,291
responsible charge of the landscape architectural activities and 24,292
decisions, from the date of issuance until the last day of June 24,293
next succeeding the date upon which the certificate was issued 24,294
unless the certificate has been suspended or revoked for cause as 24,295
provided in section 4703.42 of the Revised Code. 24,296
Sec. 4703.52. On receipt of a notice pursuant to section 24,306
2301.373 3123.43 of the Revised Code, the state board of 24,307
examiners of architects and the state board of landscape 24,309
architects examiners shall comply with that section SECTIONS 24,311
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 24,313
a certificate issued pursuant to this chapter.
Sec. 4705.021. (A) As used in this section: 24,322
(1) "Disciplinary counsel" means the disciplinary counsel 24,324
appointed by the board of commissioners on grievances and 24,325
discipline of the supreme court under the Rules for the 24,326
Government of the Bar of Ohio. 24,327
(2) "Certified grievance committee" means a duly 24,329
constituted and organized committee of the Ohio state bar 24,330
association or of one or more local bar associations of the state 24,331
that complies with the criteria set forth in rule V, section 3 of 24,333
the Rules for the Government of the Bar of Ohio. 24,334
(3) "Child support order" has the same meaning as in 24,336
section 2301.373 3119.01 of the Revised Code. 24,337
(B) If an individual who has been admitted to the bar by 24,339
order of the supreme court in compliance with its published rules 24,340
550
is determined pursuant to division (B) of section 3113.21 24,342
SECTIONS 3123.02 TO 3123.071 of the Revised Code by a court or 24,343
child support enforcement agency to be in default under a support 24,344
order being administered or handled by a child support 24,345
enforcement agency, that agency may send a notice listing the 24,346
name and social security number or other identification number of 24,347
the individual and a certified copy of the court or agency 24,348
determination that the individual is in default to the secretary 24,349
of the board of commissioners on grievances and discipline of the 24,350
supreme court and to either the disciplinary counsel or the 24,351
president, secretary, and chairman CHAIRPERSON of each certified 24,353
grievance committee.
Sec. 4707.23. On receipt of a notice pursuant to section 24,363
2301.373 3123.43 of the Revised Code, the department of commerce 24,365
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 24,367
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 24,368
3123.63 OF THE REVISED CODE with respect to a license issued 24,369
pursuant to this chapter.
Sec. 4709.26. On receipt of a notice pursuant to section 24,379
2301.373 3123.43 of the Revised Code, the barber board shall 24,380
comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 24,382
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 24,383
3123.63 OF THE REVISED CODE with respect to a license or 24,384
certificate issued pursuant to this chapter. 24,385
Sec. 4713.27. On receipt of a notice pursuant to section 24,394
2301.373 3123.43 of the Revised Code, the board of cosmetology 24,395
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 24,397
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 24,398
3123.63 OF THE REVISED CODE with respect to a license issued 24,399
pursuant to this chapter.
Sec. 4715.40. On receipt of a notice pursuant to section 24,409
2301.373 3123.43 of the Revised Code, the state dental board 24,410
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 24,412
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 24,413
551
3123.63 OF THE REVISED CODE with respect to a license issued 24,414
pursuant to this chapter.
Sec. 4717.16. On receipt of a notice pursuant to section 24,424
2301.373 3123.43 of the Revised Code, the board of embalmers and 24,425
funeral directors shall comply with that section SECTIONS 3123.41 24,427
TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 24,429
license issued pursuant to this chapter. 24,430
Sec. 4723.07. In accordance with Chapter 119. of the 24,439
Revised Code, the board of nursing shall adopt and may amend and 24,440
rescind rules: 24,441
(A) Providing for its government and control of its 24,443
actions and business affairs; 24,444
(B) Establishing minimum curricula and standards for 24,446
nursing education programs that prepare graduates to take 24,447
licensing examinations, and establishing procedures for granting, 24,448
renewing, and withdrawing approval of those programs; 24,450
(C) Establishing requirements that applicants for 24,452
licensure must meet to be permitted to take licensing 24,453
examinations; 24,454
(D) Governing the administration and conduct of 24,456
examinations for licensure to practice nursing as a registered 24,457
nurse or as a licensed practical nurse; 24,458
(E) Establishing standards for approval of continuing 24,460
nursing education programs and courses for registered nurses, 24,461
licensed practical nurses, certified registered nurse 24,462
anesthetists, clinical nurse specialists, certified 24,463
nurse-midwives, and certified nurse practitioners. The standards 24,464
may provide for approval of continuing nursing education programs 24,465
and courses that have been approved by other state boards of 24,466
nursing or by national accreditation systems for nursing, 24,467
including, but not limited to, the American nurses' credentialing 24,468
center and the national association for practical nurse education 24,469
and service.
552
(F) Establishing standards that persons must meet to be 24,471
authorized by the board to approve continuing nursing education 24,472
programs and courses and a schedule to have that authorization 24,473
renewed;
(G) Establishing requirements, including continuing 24,475
education requirements, for restoring inactive nursing licenses 24,476
and dialysis technician certificates issued under this chapter 24,477
and nursing licenses and dialysis technician certificates that 24,478
have lapsed through failure to renew;
(H) Establishing requirements for issuing endorsements of 24,480
nursing licenses and dialysis technician certificates issued by 24,481
another state;
(I) Governing conditions that may be imposed for 24,483
reinstatement of a nursing license or dialysis technician 24,484
certificate issued under this chapter following action taken 24,485
under sections 2301.373 3123.47, 4723.28, and 4723.281 of the 24,486
Revised Code resulting in a suspension from practice; 24,487
(J) Establishing standards for approval of peer support 24,489
programs for persons who hold a nursing license or dialysis 24,490
technician certificate issued under this chapter; 24,491
(K) Establishing requirements for board approval of 24,494
courses in medication administration by licensed practical 24,495
nurses;
(L) Establishing criteria for specialty certification of 24,497
registered nurses; 24,498
(M) Establishing criteria for evaluating the 24,500
qualifications of an applicant who is applying for a license by 24,502
endorsement to practice nursing as a registered nurse or licensed
practical nurse or for a certificate of authority issued under 24,503
division (E) of section 4723.41 of the Revised Code; 24,504
(N) Establishing universal blood and body fluid 24,506
precautions that shall be used by each person holding a nursing 24,507
license or dialysis technician certificate issued under this 24,508
chapter who performs exposure-prone invasive procedures. The 24,509
553
rules shall define and establish requirements for universal blood 24,510
and body fluid precautions that include the following: 24,511
(1) Appropriate use of hand washing; 24,513
(2) Disinfection and sterilization of equipment; 24,515
(3) Handling and disposal of needles and other sharp 24,517
instruments; 24,518
(4) Wearing and disposal of gloves and other protective 24,520
garments and devices. 24,521
(O) Establishing standards and procedures for approving 24,524
certificates of authority to practice nursing as a certified
registered nurse anesthetist, clinical nurse specialist, 24,525
certified nurse-midwife, or certified nurse practitioner, and for 24,526
renewal of those certificates; 24,527
(P) Establishing quality assurance standards for certified 24,530
registered nurse anesthetists, clinical nurse specialists, 24,531
certified nurse-midwives, or certified nurse practitioners;
(Q) Establishing additional criteria for the standard care 24,534
arrangement required by section 4723.431 of the Revised Code 24,535
entered into by a clinical nurse specialist, certified 24,536
nurse-midwife, or certified nurse practitioner and the nurse's 24,537
collaborating physician or podiatrist; 24,538
(R) Establishing continuing education standards for 24,541
clinical nurse specialists who are exempt under division (C) of 24,542
section 4723.41 of the Revised Code from the requirement of 24,544
having passed a certification examination.
Subject to Chapter 119. of the Revised Code, the board may 24,546
adopt other rules necessary to carry out the provisions of this 24,547
chapter. 24,548
Sec. 4723.09. (A) An application for licensure by 24,557
examination to practice as a registered nurse or as a licensed 24,558
practical nurse shall be submitted to the board of nursing in the 24,559
form prescribed by rules of the board. The application shall 24,560
include evidence that the applicant has completed requirements of 24,561
a nursing education program approved by the board or approved by 24,562
554
another jurisdiction's board that regulates nurse licensure. The 24,563
application also shall include any other information required by 24,564
rules of the board. The application shall be accompanied by the 24,565
application fee required by section 4723.08 of the Revised Code. 24,566
If the board determines that the applicant meets the requirements 24,567
to take the examination, it shall admit the applicant to the 24,568
examination. 24,569
The board shall grant a license to practice nursing as a 24,571
registered nurse or as a licensed practical nurse if the 24,572
applicant passes the examination and the board determines that 24,573
the applicant has not committed any act that is grounds for 24,574
disciplinary action under section 2301.373 3123.47 or 4723.28 of 24,576
the Revised Code, or determines that an applicant who has 24,577
committed such acts has made restitution or has been 24,578
rehabilitated, or both. The board is not required to afford a 24,579
hearing to an individual to whom it has refused to grant a 24,581
license because of that individual's failure to pass the 24,582
examination. 24,583
(B) An application for license by endorsement to practice 24,585
nursing as a registered nurse or as a licensed practical nurse 24,586
shall be submitted to the board in the form prescribed by rules 24,587
of the board and shall be accompanied by the application fee 24,588
required by section 4723.08 of the Revised Code. The application 24,589
shall include evidence that the applicant holds a license in good 24,590
standing in another jurisdiction granted after passing an 24,591
examination approved by the board of that jurisdiction that is 24,592
equivalent to the examination requirements under this chapter for 24,593
a license to practice nursing as a registered nurse or licensed 24,594
practical nurse, and shall include other information required by 24,596
rules of the board of nursing. The board shall grant a license 24,597
by endorsement if the applicant is licensed or certified by 24,598
another jurisdiction and the board determines, pursuant to rules 24,599
established under section 4723.07 of the Revised Code, that all 24,600
of the following apply:
555
(1) The educational preparation of the applicant is 24,602
substantially similar to the minimum curricula and standards for 24,603
nursing education programs established by the board under section 24,604
4723.07 of the Revised Code;
(2) The examination, at the time it is successfully 24,606
completed, is equivalent to the examination requirements in 24,607
effect at that time for applicants who successfully completed the 24,608
examination in this state;
(3) The applicant has not committed any act that is 24,610
grounds for disciplinary action under section 2301.373 3123.47, 24,611
4723.28, or 4723.281 of the Revised Code, or determines that an 24,613
applicant who has committed such acts has made restitution or has 24,614
been rehabilitated, or both.
The board may grant a nonrenewable temporary permit to 24,616
practice nursing as a registered nurse or as a licensed practical 24,617
nurse to an applicant for license by endorsement if the board is 24,618
satisfied by the evidence that the applicant holds a current, 24,619
active license in good standing in another jurisdiction. The 24,621
temporary permit shall expire at the earlier of one hundred 24,622
twenty days after issuance or upon the issuance of a license by 24,623
endorsement.
Sec. 4723.341. As used in this section, "person" has the 24,632
same meaning as in section 1.59 of the Revised Code and also 24,633
includes the board of nursing and its members and employees; 24,634
health care facilities, associations, and societies; insurers; 24,635
and individuals. 24,636
In the absence of fraud or bad faith, no person reporting 24,638
to the board of nursing or testifying in an adjudication hearing 24,639
conducted under Chapter 119. of the Revised Code with regard to 24,640
alleged incidents of negligence or malpractice, matters subject 24,641
to SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 24,642
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 24,643
CODE OR section 2301.373 or 4723.28 of the Revised Code, 24,644
violations of section 4723.34 of the Revised Code, or the 24,645
556
qualifications, fitness, or character of a person licensed or 24,646
applying for a license to practice nursing as a registered nurse 24,647
or licensed practical nurse, or holding or applying for a 24,648
certificate to practice as a dialysis technician, shall be 24,649
subject to any civil action or liable for damages as a result of 24,651
making the report or testifying.
In the absence of fraud or bad faith, no professional 24,653
association of registered nurses or licensed practical nurses 24,654
that sponsors a committee or program to provide peer assistance 24,655
to nurses with substance abuse problems, no representative or 24,656
agent of such a committee or program, and no member of the board 24,657
of nursing shall be liable to any person for damages in a civil 24,658
action by reason of actions taken to refer a nurse to a treatment 24,659
provider designated by the board or actions or omissions of the 24,660
provider in treating a nurse. 24,661
Sec. 4723.63. On receipt of a notice pursuant to section 24,670
2301.373 3123.43 of the Revised Code, the board of nursing shall 24,672
comply with that section SECTIONS 3123.41 TO 3123.50 OF THE
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 24,673
3123.63 OF THE REVISED CODE with respect to a nursing license or 24,674
dialysis technician certificate issued pursuant to this chapter. 24,676
Sec. 4725.20. On receipt of a notice pursuant to section 24,686
2301.373 3123.43 of the Revised Code, the state board of 24,687
optometry shall comply with that section SECTIONS 3123.41 TO 24,690
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 24,692
license or certificate issued by the board under this chapter. 24,694
Sec. 4725.531. On receipt of a notice pursuant to section 24,703
2301.373 3123.43 of the Revised Code, the Ohio optical dispensers 24,705
board shall comply with that section SECTIONS 3123.41 TO 3123.50 24,708
OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER
SECTION 3123.63 OF THE REVISED CODE with respect to a license 24,710
issued by the board pursuant to this chapter. 24,711
Sec. 4727.031. On receipt of a notice pursuant to section 24,720
557
2301.373 3123.43 of the Revised Code, the division of consumer 24,721
finance shall comply with that section SECTIONS 3123.41 TO 24,724
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.
Sec. 4728.031. On receipt of a notice pursuant to section 24,735
2301.373 3123.43 of the Revised Code, the division of consumer 24,736
finance shall comply with that section SECTIONS 3123.41 TO 24,739
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 24,741
license issued pursuant to this chapter.
Sec. 4729.67. On receipt of a notice pursuant to section 24,751
2301.373 3123.43 of the Revised Code, the state board of pharmacy 24,752
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 24,754
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 24,755
3123.63 OF THE REVISED CODE with respect to a license, 24,756
identification card, or certificate of registration issued 24,757
pursuant to this chapter. 24,758
Sec. 4730.251. On receipt of a notice pursuant to section 24,768
2301.373 3123.43 of the Revised Code, the state medical board 24,770
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 24,772
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 24,773
3123.63 OF THE REVISED CODE with respect to a certificate issued 24,774
pursuant to this chapter. 24,775
Sec. 4731.76. On receipt of a notice pursuant to section 24,785
2301.373 3123.43 of the Revised Code, the state medical board 24,786
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 24,788
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 24,789
3123.63 OF THE REVISED CODE with respect to a certificate issued 24,791
pursuant to this chapter.
Sec. 4732.27. On receipt of a notice pursuant to section 24,801
2301.373 3123.43 of the Revised Code, the state board of 24,802
psychology shall comply with that section SECTIONS 3123.41 TO 24,805
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
558
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 24,807
license issued pursuant to this chapter.
Sec. 4733.15. (A) Certificates of registration expire on 24,816
the last day of December following their issuance or renewal and 24,817
become invalid on that date unless renewed pursuant to this 24,818
section and the standard renewal procedure of sections 4745.01 to 24,819
4745.03 of the Revised Code. Renewal may be effected at any time 24,820
prior to the date of expiration for a period of one year by the 24,821
applicant's paying to the treasurer of state a fee of sixteen 24,822
dollars for a renewal of a certificate of registration as either 24,823
a professional engineer or professional surveyor, and twenty-one 24,824
dollars for the renewal of the certificates of an individual who 24,825
is registered as both a professional engineer and professional 24,826
surveyor. The failure on the part of any registrant to renew a 24,827
certificate prior to expiration when notified as required in this 24,828
section, shall not deprive such person of the right of renewal 24,829
within the following twelve months, but the fee to be paid for 24,830
the renewal of a certificate after expiration shall be increased 24,831
fifty per cent. The state board of registration for professional 24,832
engineers and surveyors may waive the payment of the renewal fees 24,833
of a registrant during the period when the registrant is on 24,834
active duty in connection with any branch of the armed forces of 24,835
the United States.
(B) Each certificate of authorization issued pursuant to 24,837
section 4733.16 of the Revised Code shall authorize the holder to 24,838
provide engineering and surveying services, through the 24,839
registered professional engineer or professional surveyor 24,840
designated as being in responsible charge of the engineering and 24,841
surveying practice, from the date of issuance until the last day 24,842
of June next succeeding the date upon which the certificate was 24,843
issued, unless the certificate has been revoked or suspended for 24,844
cause as provided in section 4733.20 of the Revised Code or has 24,845
been suspended pursuant to section 2301.373 3123.47 of the 24,846
Revised Code. 24,847
559
(C) If a certificate is not renewed within one year from 24,849
the date of expiration, its renewal may be effected under rules 24,850
promulgated by the board regarding requirements for reexamination 24,851
or reapplication, and reinstatement penalty fees. 24,852
Sec. 4733.27. On receipt of a notice pursuant to section 24,862
2301.373 3123.43 of the Revised Code, the state board of 24,863
registration for engineers and surveyors shall comply with that 24,864
section SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 24,865
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 24,866
CODE with respect to a certificate issued pursuant to this 24,869
chapter.
Sec. 4734.22. On receipt of a notice pursuant to section 24,878
2301.373 3123.43 of the Revised Code, the chiropractic examining 24,880
board shall comply with that section SECTIONS 3123.41 TO 3123.50 24,882
OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER
SECTION 3123.63 OF THE REVISED CODE with respect to a license 24,884
issued pursuant to this chapter.
Sec. 4735.05. (A) The Ohio real estate commission is a 24,893
part of the department of commerce for administrative purposes. 24,894
The director of commerce is ex officio the executive officer of 24,895
the commission, or the director may designate any employee of the 24,896
department as superintendent of real estate and professional 24,897
licensing to act as executive officer of the commission. 24,898
The commission and the real estate appraiser board created 24,900
pursuant to section 4763.02 of the Revised Code shall each submit 24,901
to the director a list of three persons whom the commission and 24,902
the board consider qualified to be superintendent within sixty 24,903
days after the office of superintendent becomes vacant. The 24,904
director shall appoint a superintendent from the lists submitted 24,905
by the commission and the board, and the superintendent shall 24,906
serve at the pleasure of the director. 24,907
(B) The superintendent, except as otherwise provided, 24,909
shall do all of the following in regard to this chapter: 24,910
(1) Administer this chapter; 24,912
560
(2) Issue all orders necessary to implement this chapter; 24,914
(3) Investigate complaints concerning the violation of 24,916
this chapter or the conduct of any licensee; 24,917
(4) Establish and maintain an investigation and audit 24,919
section to investigate complaints and conduct inspections, 24,920
audits, and other inquiries as in the judgment of the 24,921
superintendent are appropriate to enforce this chapter. The 24,922
investigators or auditors have the right to review and audit the 24,923
business records of licensees and continuing education course 24,924
providers during normal business hours. 24,925
(5) Appoint a hearing examiner for any proceeding 24,927
involving disciplinary action under section 2301.373 3123.47 or 24,929
4735.18 of the Revised Code; 24,931
(6) Administer the real estate recovery fund. 24,933
(C) The superintendent may do all of the following: 24,935
(1) In connection with investigations and audits under 24,937
division (B) of this section, subpoena witnesses as provided in 24,938
section 4735.04 of the Revised Code; 24,939
(2) Apply to the appropriate court to enjoin any violation 24,941
of this chapter. Upon a showing by the superintendent that any 24,942
person has violated or is about to violate any provision of this 24,943
chapter, the court shall grant an injunction, restraining order, 24,944
or other appropriate order. 24,945
(3) Upon the death of a licensed broker or the revocation 24,947
or suspension of the broker's license, if there is no other 24,948
licensed broker within the business entity of the broker, appoint 24,949
upon application by any interested party, or, in the case of a 24,950
deceased broker, subject to the approval by the appropriate 24,951
probate court, recommend the appointment of, an ancillary trustee 24,952
who is qualified as determined by the superintendent to conclude 24,953
the business transactions of the deceased, revoked, or suspended 24,954
broker. 24,955
(D) All information that is obtained by investigators and 24,957
auditors performing investigations or conducting inspections, 24,958
561
audits, and other inquiries pursuant to division (B)(4) of this 24,959
section, from licensees, complainants, or other persons, and all 24,960
reports, documents, and other work products that arise from that 24,961
information and that are prepared by the investigators, auditors, 24,962
or other personnel of the department, shall be held in confidence 24,963
by the superintendent, the investigators and auditors, and other 24,964
personnel of the department. 24,965
Sec. 4735.33. On receipt of a notice pursuant to section 24,975
2301.373 3123.43 of the Revised Code, the superintendent of real 24,977
estate shall comply with that section SECTIONS 3123.41 TO 3123.50 24,979
OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER
SECTION 3123.63 OF THE REVISED CODE with respect to a license 24,981
issued pursuant to this chapter.
Sec. 4736.17. On receipt of a notice pursuant to section 24,990
2301.373 3123.43 of the Revised Code, the state board of 24,991
sanitarian registration shall comply with that section SECTIONS 24,994
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 24,996
a certificate issued pursuant to this chapter. 24,997
Sec. 4738.072. On receipt of a notice pursuant to section 25,006
2301.373 3123.43 of the Revised Code, the motor vehicle salvage 25,008
dealer's licensing board shall comply with that section SECTIONS 25,012
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 25,014
a license issued pursuant to this chapter.
Sec. 4739.07. Upon application, the person to whom a 25,023
license is issued under sections 4739.01 to 4739.10 of the 25,024
Revised Code, shall be entitled to a renewal thereof annually, 25,025
unless an examiner of steam engineers, for a cause named in 25,027
section 4739.06 of the Revised Code and upon notice and hearing,
or pursuant to section 2301.373 3123.47 of the Revised Code, 25,028
refuses such renewal. 25,030
Sec. 4739.16. On receipt of a notice pursuant to section 25,039
2301.373 3123.43 of the Revised Code, the division of examiners 25,041
562
of steam engineers shall comply with that section SECTIONS 25,044
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 25,046
a license issued pursuant to this chapter. 25,047
Sec. 4740.101. On receipt of a notice pursuant to section 25,056
2301.373 3123.43 of the Revised Code, the construction industry 25,058
examining board shall comply with that section SECTIONS 3123.41 25,061
TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 25,063
certificate issued pursuant to this chapter. 25,064
Sec. 4741.02. There shall be a state veterinary medical 25,073
licensing board consisting of seven members, who have been legal 25,074
residents of this state for not less than five years, appointed 25,075
by the governor with the advice and consent of the senate, as 25,076
follows: five members who have been licensed to practice 25,077
veterinary medicine in this state for not less than five 25,078
consecutive years prior to their appointment; one member who is a 25,079
registered veterinary technician registered pursuant to this 25,080
chapter for not less than five consecutive years prior to 25,081
appointment; and one member who is a representative of the 25,082
public. Terms of office are for five years, commencing on the 25,083
first day of January and ending on the thirty-first day of 25,084
December, except that the initial terms of office of the 25,085
registered veterinary technician and the public member commence 25,086
on January 1, 1992, with the registered veterinary technician's 25,087
initial term of office ending on December 31, 1994, and the 25,088
public member's initial term of office ending on December 31, 25,089
1996. Each member shall hold office from the date of the 25,090
member's appointment until the end of the term for which the 25,091
member was appointed. Any member appointed to fill a vacancy 25,092
occurring prior to the expiration of the term for which the 25,093
predecessor was appointed shall hold office for the remainder of 25,094
such term. Any member shall continue in office subsequent to the 25,095
expiration date of the member's term until a successor takes 25,096
563
office, or until a period of sixty days has elapsed, whichever 25,097
occurs first. No person who has been appointed a member of the 25,098
board shall be appointed to serve a second term unless a period 25,099
of five years has elapsed since the termination of the member's 25,100
first term, provided that members initially appointed for less 25,101
than a five-year term and persons appointed to fill an unexpired 25,102
term may be appointed for one full term of five years immediately 25,103
following such terms.
No member of the board shall be the owner of any interest 25,105
in, or be employed by any wholesale or jobbing house dealing in 25,106
supplies, equipment, or instruments used or useful in the 25,107
practice of veterinary medicine. Neither the public member nor 25,108
the registered veterinary technician member shall have any vested 25,109
financial interest in the practice of veterinary medicine. For 25,110
purposes of this section employment as a veterinary technician 25,111
for a veterinarian does not constitute a vested financial 25,112
interest in the practice of veterinary medicine. 25,113
The governor may remove any member of the board for 25,115
malfeasance, misfeasance, or nonfeasance after a hearing as 25,116
provided in Chapter 119. of the Revised Code or if the license of 25,117
a veterinary member is not renewed or has been revoked or 25,118
suspended on any ground set forth in section 2301.373 3123.47 or 25,120
4741.22 of the Revised Code or if the registration of the 25,122
registered veterinary technician member is revoked or suspended 25,123
or is not renewed under section 2301.373 3123.47 or 4741.19 of 25,124
the Revised Code.
Each member of the board shall receive an amount fixed 25,126
pursuant to division (J) of section 124.15 of the Revised Code 25,127
for each day, or portion thereof, the member is actually engaged 25,128
in the discharge of official duties, in addition to the member's 25,129
necessary expenses. 25,130
Sec. 4741.32. On receipt of a notice pursuant to section 25,139
2301.373 3123.43 of the Revised Code, the veterinary medical 25,140
licensing board shall comply with that section SECTIONS 3123.41 25,143
564
TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 25,145
license issued pursuant to this chapter. 25,146
Sec. 4747.16. On receipt of a notice pursuant to section 25,156
2301.373 3123.43 of the Revised Code, the hearing aid dealers and 25,158
fitters licensing board shall comply with that section SECTIONS 25,161
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 25,163
a license issued pursuant to this chapter. 25,164
Sec. 4749.14. On receipt of a notice pursuant to section 25,174
2301.373 3123.43 of the Revised Code, the director of commerce 25,175
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 25,177
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 25,178
3123.63 OF THE REVISED CODE with respect to a license issued 25,180
pursuant to this chapter.
Sec. 4751.12. On receipt of a notice pursuant to section 25,190
2301.373 3123.43 of the Revised Code, the board of examiners of 25,192
nursing home administrators shall comply with that section 25,195
SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 25,196
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 25,197
CODE with respect to a license issued pursuant to this chapter. 25,199
Sec. 4753.071. The board of speech-language pathology and 25,208
audiology shall issue a conditional license to an applicant who, 25,209
except for the supervised professional experience: 25,210
(A) Meets the academic, practicum, and examination 25,212
requirements of divisions (B), (C), and (E) of section 4753.06 of 25,213
the Revised Code; 25,214
(B) Submits an application to the board, including a plan 25,216
for the content of the supervised professional experience on a 25,217
form prescribed by the board and pays to the board the 25,218
appropriate fee for a conditional license. An applicant may not 25,219
begin employment until the conditional license has been approved. 25,220
A conditional license authorizes an individual to practice 25,222
speech-language pathology or audiology while completing the 25,223
565
supervised professional experience as required by division (D) of 25,224
section 4753.06 of the Revised Code. A person holding a 25,225
conditional license may practice speech-language pathology or 25,226
audiology while working under the supervision of a person fully 25,227
licensed in accordance with this chapter. A conditional license 25,228
is valid for eighteen months unless suspended or revoked pursuant 25,229
to section 2301.373 3123.47 or 4753.10 of the Revised Code. 25,230
A person holding a conditional license may perform services 25,232
for which reimbursement will be sought under the medicare program 25,233
established under Title XVIII of the "Social Security Act," 49 25,234
Stat. 620 (1935), 42 U.S.C. 301, as amended, or the medical 25,235
assistance program established under Chapter 5111. of the Revised 25,236
Code and Title XIX of the "Social Security Act" but all requests 25,238
for reimbursement for such services shall be made by the person 25,239
who supervises the person performing the services. 25,240
Sec. 4753.15. On receipt of a notice pursuant to section 25,249
2301.373 3123.43 of the Revised Code, the board of 25,250
speech-language pathology and audiology shall comply with that 25,253
section SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 25,254
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 25,255
CODE with respect to a license issued pursuant to this chapter. 25,257
Sec. 4755.04. The appropriate section of the Ohio 25,266
occupational therapy, physical therapy, and athletic trainers 25,267
board shall investigate complaints concerning the violation of 25,268
section 4755.02, 4755.48, or 4755.62 of the Revised Code, and 25,269
concerning alleged grounds for the suspension, revocation, or 25,270
refusal to issue or renew licenses under section 2301.373 25,272
3123.47, 4755.10, 4755.47, or 4755.64 of the Revised Code, and 25,274
may subpoena witnesses in connection with its investigations. 25,275
The appropriate section may apply to an appropriate court for an 25,276
order enjoining the violation of section 4755.02, 4755.48, or 25,277
4755.62 of the Revised Code, and upon the showing by the section 25,278
that any person has violated or is about to violate section 25,279
4755.02, or 4755.48, or 4755.62 of the Revised Code, the court 25,280
566
shall grant an injunction, restraining order, or such other order 25,281
as is appropriate. The appropriate section may employ 25,282
investigators who shall, under the direction of the secretary of 25,283
the section, make investigations of complaints and such 25,284
inspections and other inquiries as in the judgment of the section 25,285
are appropriate to enforce SECTIONS 3123.41 TO 3123.50 OR section 25,286
2301.373, 4755.02, 4755.10, 4755.47, 4755.48, 4755.62, or 4755.64 25,290
of the Revised Code. These investigators have the right to 25,292
review and audit the records of licensees at the place of
business of the licensees or any other place where such records 25,293
may be and shall be given access to such records during normal 25,294
business hours. Information obtained by investigators concerning 25,295
a licensee shall be held in confidence by the appropriate section 25,296
and its employees, except pursuant to an order of a court. 25,297
The appropriate section shall conduct such hearings, keep 25,299
records and minutes, and do all such other things necessary and 25,300
proper to carry out and enforce the relevant sections of this 25,301
chapter. 25,302
Each section of the board shall publish and make available, 25,304
upon request and for a fee not to exceed the actual cost of 25,305
printing and mailing, the licensure standards prescribed by the 25,306
relevant sections of this chapter and its rules. 25,307
The board shall submit to the governor and to the general 25,309
assembly each year a report of all its official actions during 25,310
the preceding year, together with any recommendations and 25,311
findings with regard to the improvement of the profession of 25,312
physical therapy and the profession of occupational therapy. 25,313
Sec. 4755.09. Each license issued under section 4755.07 of 25,322
the Revised Code is valid without further recommendation or 25,323
examination until revoked or suspended or until the license 25,324
expires for failure to file an application for certificate of 25,325
renewal as provided for in this section. 25,326
Licenses shall be renewed biennially. Those licensees 25,328
whose last name begins with any letter of the alphabet from the 25,329
567
letter "A" through the letter "L" shall file, together with the 25,330
fee for renewal as provided in section 4755.11 of the Revised 25,331
Code, by the last day of June of each even-numbered calendar 25,332
year, an application for a certificate of renewal on a form 25,333
prescribed by the occupational therapy section of the Ohio 25,334
occupational therapy, physical therapy, and athletic trainers 25,335
board. Those licensees whose last name begins with any letter of 25,336
the alphabet from the letter "M" through the letter "Z" shall 25,337
file the application and fee for the certificate of renewal by 25,338
the last day of June of each odd-numbered calendar year. The 25,339
certificate of renewal shall be mailed by the section to the 25,340
licensee prior to the first day of August of the appropriate 25,341
year. In all other respects the renewal process is as provided 25,342
in section 4745.02 of the Revised Code. 25,343
The license of any licensee who fails to file an 25,345
application for a certificate of renewal by the last day of June 25,346
of the appropriate year expires, unless the section, for good 25,347
cause shown, determines that the application for renewal could 25,348
not have been filed by such day. The section shall adopt rules 25,349
in accordance with Chapter 119. of the Revised Code prescribing 25,350
the late fees and the conditions under which the license of a 25,351
licensee who files a late application for renewal will be 25,352
reinstated. 25,353
Except as provided in section 2301.373 SECTIONS 3123.41 TO 25,355
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED 25,356
UNDER SECTION 3123.63 of the Revised Code, the section may renew 25,359
a license while the license is suspended, but the renewal shall 25,360
not affect the suspension. The section shall not renew a license 25,361
that has been revoked. If a revoked license is reinstated under 25,362
section 4755.10 of the Revised Code after it has expired, the 25,363
licensee, as a condition of reinstatement, shall pay a 25,364
reinstatement fee equal to the renewal fee in effect on the last 25,365
preceding regular renewal date before the reinstatement date, 25,366
plus any delinquent fees accrued from the time of the revocation, 25,367
568
if such fees are prescribed by the section by rule. 25,368
Sec. 4755.61. (A) The athletic trainers section of the 25,377
Ohio occupational therapy, physical therapy, and athletic 25,378
trainers board shall: 25,379
(1) Adopt rules, not inconsistent with this chapter, for 25,381
the licensure of athletic trainers, including rules that specify 25,382
the educational course work requirements for licensure; 25,383
(2) Establish fees in accordance with division (B) of this 25,385
section and section 4755.13 of the Revised Code fixing license 25,386
and examination fees; 25,387
(3) Conduct hearings, keep records of its proceedings, and 25,389
do all things necessary and proper to administer and enforce 25,390
sections 4755.61 to 4755.65 of the Revised Code; 25,391
(4) Publish and make available, upon request and for a fee 25,393
not to exceed the actual cost of printing and mailing, the 25,394
requirements for the issuance of an athletic trainers license 25,395
under this chapter and the rules adopted thereunder; 25,396
(5) Maintain a register of every person licensed to 25,398
practice athletic training in this state, including the addresses 25,399
of the licensee's last known place of business and residence, and 25,400
the effective date and identification number of the person's 25,401
license. The board shall make this list available to any person 25,402
upon request and payment of a fee not to exceed the actual cost 25,403
of printing and mailing. 25,404
(6) Publish and make available, upon request and for a fee 25,406
not to exceed the actual cost of printing and mailing, a list of 25,407
persons who passed the examination required under section 4755.62 25,408
of the Revised Code; 25,409
(7) Investigate complaints concerning alleged violations 25,411
of section 4755.62 of the Revised Code or other grounds for the 25,412
suspension, revocation, or refusal to issue a license under 25,413
section 2301.373 3123.47 or 4755.64 of the Revised Code. In 25,414
connection with its investigations, the athletic trainers section 25,416
may subpoena witnesses, issue subpoenas, examine witnesses, 25,417
569
administer oaths, and, under the direction of the executive 25,418
secretary of the board, investigate complaints and make 25,419
inspections and other inquiries as in the judgment of the section 25,420
are appropriate to enforce sections 2301.373 3123.41 TO 3123.50, 25,421
4755.62, and 4755.64 of the Revised Code. The section may review 25,424
and audit the records of any licensee during normal business 25,425
hours at the licensee's place of business or at any other place 25,426
where the licensee's records are kept. Notwithstanding section 25,427
149.43 of the Revised Code, the athletic trainers section and its 25,428
employees, except pursuant to a court order, shall maintain in 25,429
confidence all information obtained.
(8) Adopt rules governing the nature and scope of the 25,431
examination required under section 4755.62 of the Revised Code 25,432
and the reexamination required under section 4755.63 of the 25,433
Revised Code and the minimum examination score for licensure or 25,434
renewal thereof. The rules for the examination required under 25,435
section 4755.62 of the Revised Code shall ensure the testing of 25,436
the applicant's knowledge of the basic and clinical sciences 25,437
relating to athletic training theory and practice, including 25,438
professional skills and judgment in the utilization of athletic 25,439
training techniques and such other subjects as the athletic 25,440
trainers section of the board considers useful in determining 25,441
competency to practice athletic training. 25,442
(9) Conduct the examination required under section 4755.62 25,444
of the Revised Code at least twice a year at a time and place and 25,445
under such supervision as the athletic trainers section of the 25,446
board determines; 25,447
(10) Adopt rules to determine which states' standards for 25,449
licensure are equal to or greater than this state's for the 25,450
purpose of waiving requirements under division (D) of section 25,451
4755.62 of the Revised Code; 25,452
(11) Adopt rules to determine which examinations meet the 25,454
requirements of division (E) of section 4755.62 of the Revised 25,455
Code; 25,456
570
(12) Adopt rules establishing the standards of ethical 25,458
conduct for licensed athletic trainers under this chapter; 25,459
(13) Adopt rules to determine the scope and nature of the 25,461
continuing education courses that comply with the requirement for 25,462
renewal of a license under section 4755.63 of the Revised Code. 25,463
(B) The fees adopted by the athletic trainers section of 25,465
the board pursuant to division (A)(2) of this section shall be 25,466
established and adjusted as required to provide sufficient 25,467
revenues to meet the expenses of the section in administering 25,468
sections 4755.61 to 4755.66 of the Revised Code. The fees shall 25,469
include: 25,470
(1) A nonrefundable examination fee, not to exceed the 25,472
amount necessary to cover the expense of administering the 25,473
examination; 25,474
(2) An initial license fee; 25,476
(3) A biennial license renewal fee; 25,478
(4) A late renewal penalty, not to exceed fifty per cent 25,480
of the renewal fee. 25,481
The athletic trainers section of the board may, by rule, 25,483
provide for the waiver of all or part of a license fee if the 25,484
license is issued less than one hundred days before its 25,485
expiration date. 25,486
(C) All rules under sections 4755.61 to 4755.65 of the 25,488
Revised Code shall be adopted by the athletic trainers section of 25,489
the board in accordance with Chapter 119. of the Revised Code. 25,490
Sec. 4755.66. On receipt of a notice pursuant to section 25,500
2301.373 3123.43 of the Revised Code, the Ohio occupational 25,501
therapy, physical therapy, and athletic trainer's board shall 25,504
comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 25,505
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 25,506
3123.63 OF THE REVISED CODE with respect to a license issued 25,508
pursuant to this chapter.
Sec. 4757.19. On receipt of a notice pursuant to section 25,518
2301.373 3123.43 of the Revised Code, the counselor and social 25,520
571
worker board shall comply with that section SECTIONS 3123.41 TO 25,521
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 25,523
license issued pursuant to this chapter.
Sec. 4759.11. On receipt of a notice pursuant to section 25,533
2301.373 3123.43 of the Revised Code, the board of dietetics 25,534
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 25,536
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 25,537
3123.63 OF THE REVISED CODE with respect to a license issued 25,540
pursuant to this chapter.
Sec. 4761.03. The Ohio respiratory care board shall 25,549
regulate the practice of respiratory care in this state and the 25,550
persons to whom the board issues licenses and limited permits 25,551
under this chapter. Rules adopted under this chapter that deal 25,552
with the provision of respiratory care in a hospital, other than 25,553
rules regulating the issuance of licenses or limited permits, 25,554
shall be consistent with the conditions for participation under 25,555
medicare, Title XVIII of the "Social Security Act," 79 Stat. 286 25,556
(1965), 42 U.S.C.A. 1395, as amended, and with the respiratory 25,558
care accreditation standards of the joint commission on 25,559
accreditation of healthcare organizations or the American 25,561
osteopathic association.
The board shall: 25,563
(A) Adopt, and may rescind or amend, rules in accordance 25,565
with Chapter 119. of the Revised Code to carry out the purposes 25,566
of this chapter, including rules prescribing: 25,567
(1) The form and manner for filing applications for 25,569
licensure and renewal, limited permits, and limited permit 25,570
extensions under sections 4761.05 and 4761.06 of the Revised 25,572
Code;
(2) The form, scoring, and scheduling of examinations and 25,574
reexaminations for licensure and license renewal; 25,575
(3) Standards for the approval of educational programs 25,577
required to qualify for licensure and continuing education 25,578
572
programs required for license renewal; 25,579
(4) Continuing education courses and the number of hour 25,582
requirements necessary for license renewal, in accordance with 25,583
section 4761.06 of the Revised Code; 25,584
(5) Procedures for the issuance and renewal of licenses 25,586
and limited permits; 25,587
(6) Procedures for the denial, suspension, permanent 25,589
revocation, refusal to renew, and reinstatement of licenses and 25,590
limited permits, the conduct of hearings, and the imposition of 25,592
fines for engaging in conduct that is grounds for such action and 25,593
hearings under section 4761.09 of the Revised Code; 25,594
(7) Standards of ethical conduct for the practice of 25,596
respiratory care; 25,597
(8) Conditions under which the license renewal fee and 25,599
continuing education requirements may be waived at the request of 25,600
a licensee who is not in active practice; 25,601
(9) The respiratory care tasks that may be performed by an 25,603
individual practicing as a polysomnographic technologist pursuant 25,604
to division (B)(3) of section 4761.10 of the Revised Code; 25,605
(10) Procedures for registering out-of-state respiratory 25,607
care providers authorized to practice in this state under 25,608
division (A)(4) of section 4761.11 of the Revised Code. 25,610
(B) Determine the sufficiency of an applicant's 25,612
qualifications for admission to the licensing examination or a 25,613
reexamination, and for the issuance or renewal of a license or 25,614
limited permit; 25,615
(C) Determine the respiratory care educational programs 25,617
that are acceptable for fulfilling the requirements of division 25,618
(A) of section 4761.04 of the Revised Code; 25,619
(D) Schedule, administer, and score the licensing 25,621
examination or any reexamination for license renewal or 25,622
reinstatement. The board shall administer the licensing 25,623
examinations at least twice a year and notify applicants of the 25,625
time and place of the examinations. 25,626
573
(E) Investigate complaints concerning alleged violations 25,628
of section 4761.10 of the Revised Code or grounds for the 25,629
suspension, permanent revocation, or refusal to issue licenses or 25,630
limited permits under section 2301.373 3123.47 or 4761.09 of the 25,632
Revised Code. The board shall employ investigators who shall, 25,633
under the direction of the executive director of the board, 25,634
investigate complaints and make inspections and other inquiries 25,636
as, in the judgment of the board, are appropriate to enforce 25,637
sections 2301.373 3123.41 TO 3123.50, 4761.09, and 4761.10 of the 25,638
Revised Code. Pursuant to an investigation and inspection, the 25,640
investigators may review and audit records during normal business 25,641
hours at the place of business of a licensee or person who is the 25,642
subject of a complaint filed with the board or at any place where 25,643
the records are kept. 25,644
Except when required by court order, the board and its 25,646
employees shall not disclose confidential information obtained 25,648
during an investigation or identifying information about any 25,649
person who files a complaint with the board. 25,650
The board may hear testimony in matters relating to the 25,652
duties imposed upon it and issue subpoenas pursuant to an 25,654
investigation. The president and secretary of the board may 25,656
administer oaths. 25,657
(F) Conduct hearings, keep records of its proceedings, and 25,659
do all such other things as are necessary and proper to carry out 25,660
and enforce the provisions of this chapter; 25,661
(G) Maintain, publish, and make available upon request, 25,663
for a fee not to exceed the actual cost of printing and mailing: 25,664
(1) The requirements for the issuance of licenses and 25,666
limited permits under this chapter and rules adopted by the 25,667
board;
(2) A current register of every person licensed to 25,669
practice respiratory care in this state, to include the addresses 25,670
of the person's last known place of business and residence, the 25,671
effective date and identification number of the license, the name 25,672
574
and location of the institution that granted the person's degree 25,673
or certificate of completion of respiratory care educational 25,674
requirements, and the date the degree or certificate was issued; 25,675
(3) A list of the names and locations of the institutions 25,677
that each year granted degrees or certificates of completion in 25,678
respiratory care; 25,679
(4) After the administration of each examination, a list 25,681
of persons who passed the examination. 25,682
(H) Submit to the governor and to the general assembly 25,684
each year a report of all of its official actions during the 25,685
preceding year, together with any findings and recommendations 25,686
with regard to the improvement of the profession of respiratory 25,687
care. 25,688
Sec. 4761.12. On receipt of a notice pursuant to section 25,699
2301.373 3123.43 of the Revised Code, the respiratory care board 25,701
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 25,703
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 25,704
3123.63 OF THE REVISED CODE with respect to a license or permit 25,706
issued pursuant to this chapter.
Sec. 4763.03. (A) In addition to any other duties imposed 25,717
on the real estate appraiser board under this chapter, the board 25,718
shall: 25,719
(1) Adopt rules, in accordance with Chapter 119. of the 25,721
Revised Code, in furtherance of this chapter, including, but not 25,722
limited to, all of the following: 25,723
(a) Defining, with respect to state-certified general real 25,726
estate appraisers, state-certified residential real estate 25,727
appraisers, and state-licensed residential real estate 25,728
appraisers, the type of educational experience, appraisal 25,729
experience, and other equivalent experience that satisfy the 25,730
requirements of this chapter. The rules shall require that all 25,731
appraisal experience performed after January 1, 1996, meet the 25,733
uniform standards of professional practice established by the
appraisal foundation. 25,734
575
(b) Establishing the examination specifications for 25,736
state-certified general real estate appraisers, state-certified 25,737
residential real estate appraisers, and state-licensed 25,738
residential real estate appraisers; 25,739
(c) Relating to disciplinary proceedings conducted in 25,742
accordance with section 4763.11 of the Revised Code, including
rules governing the reinstatement of certificates, registrations, 25,744
and licenses that have been suspended pursuant to those 25,745
proceedings;
(d) Identifying any additional information to be included 25,748
on the forms specified in division (C) of section 4763.12 of the 25,749
Revised Code, provided that the rules shall not require any less 25,750
information than is required in that division;
(e) Establishing the fees set forth in section 4763.09 of 25,753
the Revised Code;
(f) Establishing the amount of the assessment required by 25,756
division (A)(2) of section 4763.05 of the Revised Code. The 25,757
board annually shall determine the amount due from each applicant 25,758
for an initial certificate, registration, and license in an 25,759
amount that will maintain the real estate appraiser recovery fund 25,760
at the level specified in division (A) of section 4763.16 of the 25,761
Revised Code. The board may, if the fund falls below that 25,762
amount, require current certificate holders, registrants, and 25,763
licensees to pay an additional assessment. 25,765
(g) Defining, with respect to state-registered real estate 25,767
appraiser assistants, the educational and experience requirements 25,768
of division (C)(1)(d) of section 4763.05 of the Revised Code; 25,769
(h) Establishing a real estate appraiser assistant program 25,771
for the registration of real estate appraiser assistants. 25,772
(2) Provide or procure appropriate examination questions 25,774
and answers for the examinations required by division (D) of 25,775
section 4763.05 of the Revised Code, and establish the criteria 25,776
for successful completion of those examinations; 25,777
(3) Periodically review the standards for preparation and 25,779
576
reporting of real estate appraisals provided in this chapter and 25,780
adopt rules explaining and interpreting those standards; 25,781
(4) Hear appeals, pursuant to Chapter 119. of the Revised 25,783
Code, from decisions and orders the superintendent of real estate 25,784
issues pursuant to this chapter; 25,785
(5) Request the initiation by the superintendent of 25,787
investigations of violations of this chapter or the rules adopted 25,788
pursuant thereto, as the board determines appropriate; 25,789
(6) Determine the appropriate disciplinary actions to be 25,791
taken against certificate holders, registrants, and licensees 25,792
under this chapter as provided in section 4763.11 of the Revised 25,794
Code.
(B) In addition to any other duties imposed on the 25,796
superintendent of real estate under this chapter, the 25,797
superintendent shall: 25,798
(1) Prescribe the form and content of all applications 25,800
required by this chapter; 25,801
(2) Receive applications for certifications, 25,803
registrations, and licenses and renewal thereof under this 25,805
chapter and establish the procedures for processing, approving, 25,806
and disapproving those applications; 25,807
(3) Retain records and all application materials submitted 25,809
to him THE SUPERINTENDENT; 25,810
(4) Establish the time and place for conducting the 25,812
examinations required by division (D) of section 4763.05 of the 25,813
Revised Code; 25,814
(5) Issue certificates, registrations, and licenses and 25,816
maintain a register of the names and addresses of all persons 25,818
issued a certificate, registration, or license under this 25,819
chapter;
(6) Perform any other functions and duties, including the 25,821
employment of staff, necessary to administer this chapter; 25,822
(7) Administer this chapter; 25,824
(8) Issue all orders necessary to implement this chapter; 25,826
577
(9) Investigate complaints, upon the superintendent's own 25,828
motion or upon receipt of a complaint or upon a request of the 25,830
board, concerning any violation of this chapter or the rules 25,831
adopted pursuant thereto or the conduct of any person holding a 25,832
certificate, registration, or license issued pursuant to this 25,834
chapter;
(10) Establish and maintain an investigation and audit 25,836
section to investigate complaints and conduct inspections, 25,837
audits, and other inquiries as in the judgment of the 25,838
superintendent are appropriate to enforce this chapter. The 25,839
investigators and auditors have the right to review and audit the 25,840
business records of certificate holders, registrants, and 25,841
licensees during normal business hours. The superintendent may 25,843
utilize the investigators and auditors employed pursuant to 25,844
division (B)(4) of section 4735.05 of the Revised Code or 25,845
currently licensed certificate holders or licensees to assist in 25,846
performing the duties of this division. 25,847
(11) Appoint a referee or examiner for any proceeding 25,849
involving the revocation or suspension of a certificate, 25,850
registration, or license under section 2301.373 3123.47 or 25,852
4763.11 of the Revised Code; 25,853
(12) Administer the real estate appraiser recovery fund; 25,855
(13) Conduct the examinations required by division (D) of 25,857
section 4763.05 of the Revised Code at least four times per year. 25,858
(C) The superintendent may do all of the following: 25,860
(1) In connection with investigations and audits under 25,862
division (B) of this section, subpoena witnesses as provided in 25,863
section 4763.04 of the Revised Code; 25,864
(2) Apply to the appropriate court to enjoin any violation 25,866
of this chapter. Upon a showing by the superintendent that any 25,867
person has violated or is about to violate this chapter, the 25,868
court shall grant an injunction, restraining order, or other 25,869
appropriate relief, or any combination thereof. 25,870
(D) All information that is obtained by investigators and 25,872
578
auditors performing investigations or conducting inspections, 25,873
audits, and other inquiries pursuant to division (B)(10) of this 25,874
section, from certificate holders, registrants, licensees, 25,875
complainants, or other persons, and all reports, documents, and 25,876
other work products that arise from that information and that are 25,877
prepared by the investigators, auditors, or other personnel of 25,878
the department of commerce, shall be held in confidence by the
superintendent, the investigators and auditors, and other 25,879
personnel of the department. 25,880
Sec. 4763.18. On receipt of a notice pursuant to section 25,890
2301.373 3123.43 of the Revised Code, the real estate appraiser 25,892
board shall comply with that section SECTIONS 3123.41 TO 3123.50 25,895
OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER
SECTION 3123.63 OF THE REVISED CODE with respect to a license or 25,897
certificate issued pursuant to this chapter. 25,898
Sec. 4765.56. On receipt of a notice pursuant to section 25,907
2301.373 3123.43 of the Revised Code, the state board of 25,908
emergency medical services shall comply with that section 25,911
SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 25,912
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 25,913
CODE with respect to a certificate to practice issued pursuant to 25,915
this chapter.
Sec. 5101.36. Any application for public assistance gives 25,924
a right of subrogation to the department of job and family 25,925
services for any workers' compensation benefits payable to a 25,926
person who is subject to a support order, as defined in section 25,927
2301.34 3119.01 of the Revised Code or to an administrative 25,928
support order, as defined in section 3111.20 of the Revised Code, 25,930
on behalf of the applicant, to the extent of any public 25,931
assistance payments made on the applicant's behalf. If the 25,932
director of job and family services, in consultation with a child 25,933
support enforcement agency and the administrator of the bureau of 25,934
workers' compensation, determines that a person responsible for 25,935
support payments to a recipient of public assistance is receiving 25,936
579
workers' compensation, the director shall notify the 25,937
administrator of the amount of the benefit to be paid to the 25,938
department of job and family services.
For purposes of this section, "public assistance" means 25,940
medical assistance provided through the medical assistance 25,941
program established under section 5111.01 of the Revised Code, 25,942
Ohio works first provided under Chapter 5107. of the Revised 25,945
Code, prevention, retention, and contingency assistance provided
under Chapter 5108. of the Revised Code, or disability assistance 25,946
provided under Chapter 5115. of the Revised Code. 25,948
Sec. 5101.37. (A) The department of job and family 25,957
services and each county department of job and family services 25,959
and child support enforcement agency may make any investigations 25,961
that are necessary in the performance of their duties, and to 25,962
that end they shall have the same power as a judge of a county 25,963
court to administer oaths and to enforce the attendance and 25,964
testimony of witnesses and the production of books or papers. 25,965
The department and each county department and agency shall 25,969
keep a record of their investigations stating the time, place, 25,970
charges or subject, witnesses summoned and examined, and their 25,971
conclusions.
The fees of witnesses for attendance and travel shall be 25,973
the same as in the court of common pleas. 25,974
(B) In conducting hearings pursuant to sections 3113.21 to 25,976
3113.216 CHAPTERS 3119., 3121., AND 3123. or pursuant to division 25,978
(B) of section 5101.35 of the Revised Code, the department and 25,980
each child support enforcement agency have the same power as a 25,981
judge of a county court to administer oaths and to enforce the 25,982
attendance and testimony of witnesses and the production of books 25,983
or papers. The department and each agency shall keep a record of 25,984
those hearings stating the time, place, charges or subject, 25,985
witnesses summoned and examined, and their conclusions. 25,986
The issuance of a subpoena by the department or a child 25,988
support enforcement agency to enforce attendance and testimony of 25,989
580
witnesses and the production of books or papers at a hearing is 25,990
discretionary and the department or agency is not required to pay 25,991
the fees of witnesses for attendance and travel. 25,992
(C) Any judge of any division of the court of common 25,995
pleas, upon application of the department or a county department
or child support enforcement agency, may compel the attendance of 25,996
witnesses, the production of books or papers, and the giving of 25,997
testimony before the department, county department, or agency, by 25,999
a judgment for contempt or otherwise, in the same manner as in 26,000
cases before those courts. 26,001
Sec. 5101.99. (A) Whoever violates division (A) or (B) of 26,010
section 5101.61 of the Revised Code shall be fined not more than 26,011
five hundred dollars.
(B) Whoever violates division (F) of section 5101.31 or 26,013
division (D) of section 5101.315 of the Revised Code shall be 26,015
fined not more than five hundred dollars, or imprisoned not more 26,016
than six months, or both.
(C) Whoever violates division (A) of section 5101.27 of 26,019
the Revised Code is guilty of a misdemeanor of the first degree.
Sec. 5104.011. (A) The director of job and family 26,029
services shall adopt rules pursuant to Chapter 119. of the 26,030
Revised Code governing the operation of child day-care centers, 26,032
including, but not limited to, parent cooperative centers, 26,033
part-time centers, drop-in centers, and school child centers, 26,034
which rules shall reflect the various forms of child day-care and 26,035
the needs of children receiving child day-care or publicly funded 26,036
child day-care and, no later than January 1, 1992, shall include 26,037
specific rules for school child day-care centers that are 26,038
developed in consultation with the department of education. The 26,039
rules shall not require an existing school facility that is in 26,040
compliance with applicable building codes to undergo an 26,041
additional building code inspection or to have structural 26,042
modifications. The rules shall include the following: 26,043
(1) Submission of a site plan and descriptive plan of 26,045
581
operation to demonstrate how the center proposes to meet the 26,046
requirements of this chapter and rules adopted pursuant to this 26,049
chapter for the initial license application;
(2) Standards for ensuring that the physical surroundings 26,051
of the center are safe and sanitary including, but not limited 26,052
to, the physical environment, the physical plant, and the 26,053
equipment of the center; 26,054
(3) Standards for the supervision, care, and discipline of 26,056
children receiving child day-care or publicly funded child 26,057
day-care in the center; 26,058
(4) Standards for a program of activities, and for play 26,060
equipment, materials, and supplies, to enhance the development of 26,061
each child; however, any educational curricula, philosophies, and 26,062
methodologies that are developmentally appropriate and that 26,063
enhance the social, emotional, intellectual, and physical 26,064
development of each child shall be permissible. As used in this 26,065
division, "program" does not include instruction in religious or 26,066
moral doctrines, beliefs, or values that is conducted at child 26,067
day-care centers owned and operated by churches and does include 26,068
methods of disciplining children at child day-care centers. 26,069
(5) Admissions policies and procedures, health care 26,071
policies and procedures, including, but not limited to, 26,072
procedures for the isolation of children with communicable 26,073
diseases, first aid and emergency procedures, procedures for 26,074
discipline and supervision of children, standards for the 26,075
provision of nutritious meals and snacks, and procedures for 26,076
screening children and employees, including, but not limited to, 26,077
any necessary physical examinations and immunizations; 26,078
(6) Methods for encouraging parental participation in the 26,080
center and methods for ensuring that the rights of children, 26,081
parents, and employees are protected and that responsibilities of 26,082
parents and employees are met; 26,083
(7) Procedures for ensuring the safety and adequate 26,085
supervision of children traveling off the premises of the center 26,086
582
while under the care of a center employee; 26,087
(8) Procedures for record keeping, organization, and 26,089
administration; 26,090
(9) Procedures for issuing, renewing, denying, and 26,092
revoking a license that are not otherwise provided for in Chapter 26,093
119. of the Revised Code; 26,094
(10) Inspection procedures; 26,096
(11) Procedures and standards for setting initial and 26,098
renewal license application fees; 26,099
(12) Procedures for receiving, recording, and responding 26,101
to complaints about centers; 26,102
(13) Procedures for enforcing section 5104.04 of the 26,104
Revised Code; 26,105
(14) A standard requiring the inclusion, on and after July 26,107
1, 1987, of a current department of job and family services 26,108
toll-free telephone number on each center provisional license or 26,109
license which any person may use to report a suspected violation 26,110
by the center of this chapter or rules adopted pursuant to this 26,112
chapter; 26,113
(15) Requirements for the training of administrators and 26,115
child-care staff members in first aid, in prevention, 26,116
recognition, and management of communicable diseases, and in 26,117
child abuse recognition and prevention. Training requirements 26,118
for child day-care centers adopted under this division shall be 26,119
consistent with divisions (B)(6) and (C)(1) of this section. 26,120
(16) Procedures to be used by licensees for checking the 26,122
references of potential employees of centers and procedures to be 26,123
used by the director for checking the references of applicants 26,124
for licenses to operate centers; 26,125
(17) Standards providing for the special needs of children 26,127
who are handicapped or who require treatment for health 26,128
conditions while the child is receiving child day-care or 26,129
publicly funded child day-care in the center; 26,130
(18) Any other procedures and standards necessary to carry 26,132
583
out this chapter. 26,133
(B)(1) The child day-care center shall have, for each 26,135
child for whom the center is licensed, at least thirty-five 26,136
square feet of usable indoor floor space wall-to-wall regularly 26,137
available for the child day-care operation exclusive of any parts 26,138
of the structure in which the care of children is prohibited by 26,139
law or by rules adopted by the board of building standards. The 26,140
minimum of thirty-five square feet of usable indoor floor space 26,141
shall not include hallways, kitchens, storage areas, or any other 26,142
areas that are not available for the care of children, as 26,143
determined by the director, in meeting the space requirement of 26,144
this division, and bathrooms shall be counted in determining 26,145
square footage only if they are used exclusively by children 26,146
enrolled in the center, except that the exclusion of hallways, 26,147
kitchens, storage areas, bathrooms not used exclusively by 26,148
children enrolled in the center, and any other areas not 26,149
available for the care of children from the minimum of 26,150
thirty-five square feet of usable indoor floor space shall not 26,151
apply to: 26,152
(a) Centers licensed prior to or on September 1, 1986, 26,154
that continue under licensure after that date; 26,155
(b) Centers licensed prior to or on September 1, 1986, 26,157
that are issued a new license after that date solely due to a 26,158
change of ownership of the center. 26,159
(2) The child day-care center shall have on the site a 26,161
safe outdoor play space which is enclosed by a fence or otherwise 26,162
protected from traffic or other hazards. The play space shall 26,163
contain not less than sixty square feet per child using such 26,164
space at any one time, and shall provide an opportunity for 26,165
supervised outdoor play each day in suitable weather. The 26,166
director may exempt a center from the requirement of this 26,167
division, if an outdoor play space is not available and if all of 26,168
the following are met: 26,169
(a) The center provides an indoor recreation area that has 26,171
584
not less than sixty square feet per child using the space at any 26,172
one time, that has a minimum of one thousand four hundred forty 26,173
square feet of space, and that is separate from the indoor space 26,174
required under division (B)(1) of this section. 26,175
(b) The director has determined that there is regularly 26,177
available and scheduled for use a conveniently accessible and 26,178
safe park, playground, or similar outdoor play area for play or 26,179
recreation. 26,180
(c) The children are closely supervised during play and 26,182
while traveling to and from the area. 26,183
The director also shall exempt from the requirement of this 26,185
division a child day-care center that was licensed prior to 26,186
September 1, 1986, if the center received approval from the 26,187
director prior to September 1, 1986, to use a park, playground, 26,188
or similar area, not connected with the center, for play or 26,189
recreation in lieu of the outdoor space requirements of this 26,190
section and if the children are closely supervised both during 26,191
play and while traveling to and from the area and except if the 26,192
director determines upon investigation and inspection pursuant to 26,193
section 5104.04 of the Revised Code and rules adopted pursuant to 26,196
that section that the park, playground, or similar area, as well 26,197
as access to and from the area, is unsafe for the children. 26,198
(3) The child day-care center shall have at least two 26,200
responsible adults available on the premises at all times when 26,201
seven or more children are in the center. The center shall 26,202
organize the children in the center in small groups, shall 26,203
provide child-care staff to give continuity of care and 26,204
supervision to the children on a day-by-day basis, and shall 26,205
ensure that no child is left alone or unsupervised. Except as 26,206
otherwise provided in division (E) of this section, the maximum 26,207
number of children per child-care staff member and maximum group 26,208
size, by age category of children, are as follows: 26,209
Maximum Number of 26,211
Children Per Maximum 26,212
585
Age Category Child-Care Group 26,213
of Children Staff Member Size 26,214
(a) Infants: 26,215
(i) Less than twelve 26,216
month MONTHS old 5:1, or 26,217
12:2 if two 26,218
child-care 26,219
staff members 26,220
are in the room 12 26,221
(ii) At least twelve 26,222
month MONTHS old, but 26,223
less than eighteen 26,224
months old 6:1 12 26,225
(b) Toddlers: 26,226
(i) At least eighteen 26,227
months old, but 26,228
less than thirty 26,229
months old 7:1 14 26,230
(ii) At least thirty months 26,231
old, but less than 26,232
three years old 8:1 16 26,233
(c) Preschool 26,234
children: 26,235
(i) Three years old 12:1 24 26,236
(ii) Four years old and 26,237
five years old who 26,238
are not school 26,239
children 14:1 28 26,240
(d) School children: 26,241
(i) A child who is 26,242
enrolled in or is 26,243
eligible to be 26,244
enrolled in a grade 26,245
of kindergarten 26,246
586
or above, but 26,247
is less than 26,248
eleven years old 18:1 36 26,250
(ii) Eleven through fourteen 26,251
years old 20:1 40 26,252
Except as otherwise provided in division (E) of this 26,255
section, the maximum number of children per child-care staff 26,256
member and maximum group size requirements of the younger age 26,257
group shall apply when age groups are combined. 26,258
(4)(a) The child day-care center administrator shall show 26,260
the director both of the following: 26,261
(i) Evidence of at least high school graduation or 26,263
certification of high school equivalency by the state board of 26,264
education or the appropriate agency of another state; 26,265
(ii) Evidence of having completed at least two years of 26,267
training in an accredited college, university, or technical 26,268
college, including courses in child development or early 26,269
childhood education, or at least two years of experience in 26,270
supervising and giving daily care to children attending an 26,271
organized group program. 26,272
(b) In addition to the requirements of division (B)(4)(a) 26,274
of this section, any administrator employed or designated on or 26,275
after September 1, 1986, shall show evidence of, and any 26,276
administrator employed or designated prior to September 1, 1986, 26,277
shall show evidence within six years after such date of, at least 26,278
one of the following: 26,279
(i) Two years of experience working as a child-care staff 26,281
member in a center and at least four courses in child development 26,282
or early childhood education from an accredited college, 26,283
university, or technical college, except that a person who has 26,284
two years of experience working as a child-care staff member in a 26,285
particular center and who has been promoted to or designated as 26,286
administrator of that center shall have one year from the time 26,287
the person was promoted to or designated as administrator to 26,288
587
complete the required four courses; 26,289
(ii) Two years of training, including at least four 26,291
courses in child development or early childhood education from an 26,292
accredited college, university, or technical college; 26,293
(iii) A child development associate credential issued by 26,295
the national child development associate credentialing 26,296
commission; 26,297
(iv) An associate or higher degree in child development or 26,299
early childhood education from an accredited college, technical 26,300
college, or university, or a license designated for teaching in 26,301
an associate teaching position in a preschool setting issued by 26,302
the state board of education. 26,303
(5) All child-care staff members of a child day-care 26,305
center shall be at least eighteen years of age, and shall furnish 26,306
the director evidence of at least high school graduation or 26,307
certification of high school equivalency by the state board of 26,308
education or the appropriate agency of another state or evidence 26,309
of completion of a training program approved by the department of 26,310
job and family services or state board of education, except as 26,311
follows:
(a) A child-care staff member may be less than eighteen 26,313
years of age if the staff member is either of the following: 26,314
(i) A graduate of a two-year vocational child-care 26,316
training program approved by the state board of education; 26,317
(ii) A student enrolled in the second year of a vocational 26,319
child-care training program approved by the state board of 26,320
education which leads to high school graduation, provided that 26,321
the student performs the student's duties in the child day-care 26,323
center under the continuous supervision of an experienced
child-care staff member, receives periodic supervision from the 26,324
vocational child-care training program teacher-coordinator in the 26,325
student's high school, and meets all other requirements of this 26,326
chapter and rules adopted pursuant to this chapter. 26,327
(b) A child-care staff member shall be exempt from the 26,329
588
educational requirements of this division if the staff member: 26,331
(i) Prior to January 1, 1972, was employed or designated 26,333
by a child day-care center and has been continuously employed 26,334
since either by the same child day-care center employer or at the 26,335
same child day-care center; or 26,336
(ii) Is a student enrolled in the second year of a 26,338
vocational child-care training program approved by the state 26,339
board of education which leads to high school graduation, 26,340
provided that the student performs the student's duties in the 26,342
child day-care center under the continuous supervision of an
experienced child-care staff member, receives periodic 26,343
supervision from the vocational child-care training program 26,344
teacher-coordinator in the student's high school, and meets all 26,346
other requirements of this chapter and rules adopted pursuant to 26,347
this chapter. 26,348
(6) Every child day-care staff member of a child day-care 26,350
center annually shall complete fifteen hours of inservice 26,351
training in child development or early childhood education, child 26,352
abuse recognition and prevention, first aid, and in prevention, 26,353
recognition, and management of communicable diseases, until a 26,354
total of forty-five hours of training has been completed, unless 26,355
the staff member furnishes one of the following to the director: 26,357
(a) Evidence of an associate or higher degree in child 26,359
development or early childhood education from an accredited 26,360
college, university, or technical college; 26,361
(b) A license designated for teaching in an associate 26,363
teaching position in a preschool setting issued by the state 26,364
board of education;
(c) Evidence of a child development associate credential; 26,366
(d) Evidence of a preprimary credential from the American 26,368
Montessori society or the association Montessori international. 26,369
For the purposes of division (B)(6) of this section, "hour" means 26,370
sixty minutes. 26,371
(7) The administrator of each child day-care center shall 26,373
589
prepare at least once annually and for each group of children at 26,374
the center a roster of names and telephone numbers of parents, 26,375
custodians, or guardians of each group of children attending the 26,376
center and upon request shall furnish the roster for each group 26,377
to the parents, custodians, or guardians of the children in that 26,378
group. The administrator may prepare a roster of names and 26,379
telephone numbers of all parents, custodians, or guardians of 26,380
children attending the center and upon request shall furnish the 26,381
roster to the parents, custodians, or guardians of the children 26,382
who attend the center. The administrator shall not include in 26,383
any roster the name or telephone number of any parent, custodian, 26,384
or guardian who requests the administrator not to include the 26,385
parent's, custodian's, or guardian's name or number and shall not 26,386
furnish any roster to any person other than a parent, custodian, 26,387
or guardian of a child who attends the center. 26,388
(C)(1) Each child day-care center shall have on the center 26,390
premises and readily available at all times at least one 26,391
child-care staff member who has completed a course in first aid 26,392
and in prevention, recognition, and management of communicable 26,393
diseases which is approved by the state department of health and 26,394
a staff member who has completed a course in child abuse 26,395
recognition and prevention training which is approved by the 26,396
department of job and family services. 26,397
(2) The administrator of each child day-care center shall 26,399
maintain enrollment, health, and attendance records for all 26,400
children attending the center and health and employment records 26,401
for all center employees. The records shall be confidential, 26,402
except as otherwise provided in division (B)(7) of this section 26,403
and except that they shall be disclosed by the administrator to 26,404
the director upon request for the purpose of administering and 26,405
enforcing this chapter and rules adopted pursuant to this 26,406
chapter. Neither the center nor the licensee, administrator, or 26,407
employees of the center shall be civilly or criminally liable in 26,408
damages or otherwise for records disclosed to the director by the 26,409
590
administrator pursuant to this division. It shall be a defense 26,410
to any civil or criminal charge based upon records disclosed by 26,411
the administrator to the director that the records were disclosed 26,412
pursuant to this division. 26,413
(3)(a) Any parent who is the residential parent and legal 26,415
custodian of a child enrolled in a child day-care center and any 26,416
custodian or guardian of such a child shall be permitted 26,417
unlimited access to the center during its hours of operation for 26,418
the purposes of contacting their children, evaluating the care 26,419
provided by the center, evaluating the premises of the center, or 26,420
for other purposes approved by the director. A parent of a child 26,421
enrolled in a child day-care center who is not the child's 26,422
residential parent shall be permitted unlimited access to the 26,423
center during its hours of operation for those purposes under the 26,424
same terms and conditions under which the residential parent of 26,425
that child is permitted access to the center for those purposes. 26,426
However, the access of the parent who is not the residential 26,427
parent is subject to any agreement between the parents and, to 26,428
the extent described in division (C)(3)(b) of this section, is 26,429
subject to any terms and conditions limiting the right of access 26,430
of the parent who is not the residential parent, as described in 26,431
division (I) of section 3109.051 of the Revised Code, that are 26,432
contained in a visitation PARENTING TIME order or decree issued 26,433
under that section, section 3109.11 or 3109.12 of the Revised 26,435
Code, or any other provision of the Revised Code. 26,436
(b) If a parent who is the residential parent of a child 26,438
has presented the administrator or the administrator's designee 26,440
with a copy of a visitation PARENTING TIME order that limits the 26,441
terms and conditions under which the parent who is not the 26,443
residential parent is to have access to the center, as described 26,444
in division (I) of section 3109.051 of the Revised Code, the 26,445
parent who is not the residential parent shall be provided access 26,446
to the center only to the extent authorized in the order. If the 26,447
residential parent has presented such an order, the parent who is 26,448
591
not the residential parent shall be permitted access to the 26,449
center only in accordance with the most recent order that has 26,450
been presented to the administrator or the administrator's 26,451
designee by the residential parent or the parent who is not the 26,452
residential parent.
(c) Upon entering the premises pursuant to division 26,454
(C)(3)(a) or (b) of this section, the parent who is the 26,455
residential parent and legal custodian, the parent who is not the 26,456
residential parent, or the custodian or guardian shall notify the 26,457
administrator or the administrator's designee of the parent's, 26,459
custodian's, or guardian's presence.
(D) The director of job and family services, in addition 26,461
to the rules adopted under division (A) of this section, shall 26,462
adopt rules establishing minimum requirements for child day-care 26,463
centers. The rules shall include, but not be limited to, the 26,464
requirements set forth in divisions (B) and (C) of this section. 26,465
Except as provided in section 5104.07 of the Revised Code, the 26,466
rules shall not change the square footage requirements of 26,467
division (B)(1) or (2) of this section; the maximum number of 26,468
children per child-care staff member and maximum group size 26,469
requirements of division (B)(3) of this section; the educational 26,470
and experience requirements of division (B)(4) of this section; 26,471
the age, educational, and experience requirements of division 26,472
(B)(5) of this section; the number of inservice training hours 26,473
required under division (B)(6) of this section; or the 26,474
requirement for at least annual preparation of a roster for each 26,475
group of children of names and telephone numbers of parents, 26,476
custodians, or guardians of each group of children attending the 26,477
center that must be furnished upon request to any parent, 26,478
custodian, or guardian of any child in that group required under 26,479
division (B)(7) of this section; however, the rules shall provide 26,480
procedures for determining compliance with those requirements. 26,481
(E)(1) When age groups are combined, the maximum number of 26,483
children per child-care staff member shall be determined by the 26,484
592
age of the youngest child in the group, except that when no more 26,485
than one child thirty months of age or older receives services in 26,486
a group in which all the other children are in the next older age 26,487
group, the maximum number of children per child-care staff member 26,488
and maximum group size requirements of the older age group 26,489
established under division (B)(3) of this section shall apply. 26,490
(2) The maximum number of toddlers or preschool children 26,493
per child-care staff member in a room where children are napping
shall be twice the maximum number of children per child-care 26,494
staff member established under division (B)(3) of this section if 26,495
all the following criteria are met: 26,496
(a) At least one child-care staff member is present in the 26,498
room. 26,499
(b) Sufficient child-care staff members are on the child 26,501
day-care center premises to meet the maximum number of children 26,502
per child-care staff member requirements established under 26,503
division (B)(3) of this section. 26,504
(c) Naptime preparations are complete and all napping 26,506
children are resting or sleeping on cots. 26,507
(d) The maximum number established under division (E)(2) 26,509
of this section is in effect for no more than one and one-half 26,510
hours during a twenty-four-hour day. 26,511
(F) The director of job and family services shall adopt 26,513
rules pursuant to Chapter 119. of the Revised Code governing the 26,514
operation of type A family day-care homes, including, but not 26,515
limited to, parent cooperative type A homes, part-time type A 26,516
homes, drop-in type A homes, and school child type A homes, which 26,517
shall reflect the various forms of child day-care and the needs 26,518
of children receiving child day-care. The rules shall include 26,519
the following: 26,520
(1) Submission of a site plan and descriptive plan of 26,522
operation to demonstrate how the type A home proposes to meet the 26,523
requirements of this chapter and rules adopted pursuant to this 26,526
chapter for the initial license application;
593
(2) Standards for ensuring that the physical surroundings 26,528
of the type A home are safe and sanitary, including, but not 26,529
limited to, the physical environment, the physical plant, and the 26,530
equipment of the type A home; 26,531
(3) Standards for the supervision, care, and discipline of 26,533
children receiving child day-care or publicly funded child 26,534
day-care in the type A home; 26,535
(4) Standards for a program of activities, and for play 26,537
equipment, materials, and supplies, to enhance the development of 26,538
each child; however, any educational curricula, philosophies, and 26,539
methodologies that are developmentally appropriate and that 26,540
enhance the social, emotional, intellectual, and physical 26,541
development of each child shall be permissible; 26,542
(5) Admissions policies and procedures, health care 26,544
policies and procedures, including, but not limited to, 26,545
procedures for the isolation of children with communicable 26,546
diseases, first aid and emergency procedures, procedures for 26,547
discipline and supervision of children, standards for the 26,548
provision of nutritious meals and snacks, and procedures for 26,549
screening children and employees, including, but not limited to, 26,550
any necessary physical examinations and immunizations; 26,551
(6) Methods for encouraging parental participation in the 26,553
type A home and methods for ensuring that the rights of children, 26,554
parents, and employees are protected and that the 26,555
responsibilities of parents and employees are met; 26,556
(7) Procedures for ensuring the safety and adequate 26,558
supervision of children traveling off the premises of the type A 26,559
home while under the care of a type A home employee; 26,560
(8) Procedures for record keeping, organization, and 26,562
administration; 26,563
(9) Procedures for issuing, renewing, denying, and 26,565
revoking a license that are not otherwise provided for in Chapter 26,566
119. of the Revised Code; 26,567
(10) Inspection procedures; 26,569
594
(11) Procedures and standards for setting initial and 26,571
renewal license application fees; 26,572
(12) Procedures for receiving, recording, and responding 26,574
to complaints about type A homes; 26,575
(13) Procedures for enforcing section 5104.04 of the 26,577
Revised Code; 26,578
(14) A standard requiring the inclusion, on or after July 26,580
1, 1987, of a current department of job and family services 26,581
toll-free telephone number on each type A home provisional 26,582
license or license which any person may use to report a suspected 26,583
violation by the type A home of this chapter or rules adopted 26,584
pursuant this chapter; 26,586
(15) Requirements for the training of administrators and 26,588
child-care staff members in first aid, in prevention, 26,589
recognition, and management of communicable diseases, and in 26,590
child abuse recognition and prevention; 26,591
(16) Procedures to be used by licensees for checking the 26,593
references of potential employees of type A homes and procedures 26,594
to be used by the director for checking the references of 26,595
applicants for licenses to operate type A homes; 26,596
(17) Standards providing for the special needs of children 26,598
who are handicapped or who require treatment for health 26,599
conditions while the child is receiving child day-care or 26,600
publicly funded child day-care in the type A home; 26,601
(18) Standards for the maximum number of children per 26,603
child-care staff member; 26,604
(19) Requirements for the amount of usable indoor floor 26,606
space for each child; 26,607
(20) Requirements for safe outdoor play space; 26,609
(21) Qualifications and training requirements for 26,611
administrators and for child-care staff members; 26,612
(22) Procedures for granting a parent who is the 26,614
residential parent and legal custodian, or a custodian or 26,615
guardian access to the type A home during its hours of operation; 26,616
595
(23) Standards for the preparation and distribution of a 26,618
roster of parents, custodians, and guardians; 26,619
(24) Any other procedures and standards necessary to carry 26,621
out this chapter. 26,622
(G) The director of job and family services shall adopt 26,624
rules pursuant to Chapter 119. of the Revised Code governing the 26,625
certification of type B family day-care homes. 26,626
(1) The rules shall include procedures, standards, and 26,629
other necessary provisions for granting limited certification to 26,630
type B family day-care homes that are operated by the following 26,631
adult providers:
(a) Persons who provide child day-care for eligible 26,634
children who are great-grandchildren, grandchildren, nieces, 26,635
nephews, or siblings of the provider or for eligible children 26,636
whose caretaker parent is a grandchild, child, niece, nephew, or 26,637
sibling of the provider;
(b) Persons who provide child day-care for eligible 26,639
children all of whom are the children of the same caretaker 26,640
parent.
The rules shall require, and shall include procedures for 26,643
the director to ensure, that type B family day-care homes that 26,644
receive a limited certification provide child day-care to 26,645
children in a safe and sanitary manner. With regard to providers 26,646
who apply for limited certification, a provider shall be granted 26,647
a provisional limited certification on signing a declaration 26,648
under oath attesting that the provider meets the standards for 26,649
limited certification. Such provisional limited certifications 26,650
shall remain in effect for no more than sixty calendar days and 26,651
shall entitle the provider to offer publicly funded child 26,652
day-care during the provisional period. Except as otherwise 26,653
provided in division (G)(1) of this section, prior to the 26,655
expiration of the provisional limited certificate, a county
department of job and family services shall inspect the home and 26,656
shall grant limited certification to the provider if the provider 26,657
596
meets the requirements of this division. Limited certificates 26,658
remain valid for two years unless earlier revoked. Except as 26,659
otherwise provided in division (G)(1) of this section, providers 26,660
operating under limited certification shall be inspected 26,661
annually.
If a provider is a person described in division (G)(1)(a) 26,664
of this section or a person described in division (G)(1)(b) of 26,666
this section who is a friend of the caretaker parent, the
provider and the caretaker parent may verify in writing to the 26,667
county department of job and family services that minimum health 26,668
and safety requirements are being met in the home. If such 26,669
verification is provided, the county shall waive any inspection 26,670
and any criminal records check required by this chapter and grant 26,671
limited certification to the provider. 26,672
(2) The rules shall provide for safeguarding the health, 26,674
safety, and welfare of children receiving child day-care or 26,675
publicly funded child day-care in a certified type B home and 26,676
shall include the following: 26,677
(a) Standards for ensuring that the type B home and the 26,679
physical surroundings of the type B home are safe and sanitary, 26,680
including, but not limited to, physical environment, physical 26,681
plant, and equipment; 26,682
(b) Standards for the supervision, care, and discipline of 26,684
children receiving child day-care or publicly funded child 26,685
day-care in the home; 26,686
(c) Standards for a program of activities, and for play 26,688
equipment, materials, and supplies to enhance the development of 26,689
each child; however, any educational curricula, philosophies, and 26,690
methodologies that are developmentally appropriate and that 26,691
enhance the social, emotional, intellectual, and physical 26,692
development of each child shall be permissible; 26,693
(d) Admission policies and procedures, health care, first 26,695
aid and emergency procedures, procedures for the care of sick 26,696
children, procedures for discipline and supervision of children, 26,697
597
nutritional standards, and procedures for screening children and 26,698
authorized providers, including, but not limited to, any 26,699
necessary physical examinations and immunizations; 26,700
(e) Methods of encouraging parental participation and 26,702
ensuring that the rights of children, parents, and authorized 26,703
providers are protected and the responsibilities of parents and 26,704
authorized providers are met; 26,705
(f) Standards for the safe transport of children when 26,707
under the care of authorized providers; 26,708
(g) Procedures for issuing, renewing, denying, refusing to 26,710
renew, or revoking certificates; 26,711
(h) Procedures for the inspection of type B family 26,713
day-care homes that require, at a minimum, that each type B 26,714
family day-care home be inspected prior to certification to 26,715
ensure that the home is safe and sanitary; 26,716
(i) Procedures for record keeping and evaluation; 26,718
(j) Procedures for receiving, recording, and responding to 26,721
complaints;
(k) Standards providing for the special needs of children 26,723
who are handicapped or who receive treatment for health 26,724
conditions while the child is receiving child day-care or 26,725
publicly funded child day-care in the type B home; 26,726
(l) Requirements for the amount of usable indoor floor 26,728
space for each child; 26,729
(m) Requirements for safe outdoor play space; 26,731
(n) Qualification and training requirements for authorized 26,734
providers;
(o) Procedures for granting a parent who is the 26,736
residential parent and legal custodian, or a custodian or 26,737
guardian access to the type B home during its hours of operation; 26,738
(p) Any other procedures and standards necessary to carry 26,740
out this chapter. 26,741
(H) The director shall adopt rules pursuant to Chapter 26,744
119. of the Revised Code governing the certification of in-home 26,745
598
aides. The rules shall include procedures, standards, and other 26,746
necessary provisions for granting limited certification to 26,747
in-home aides who provide child day-care for eligible children
who are great-grandchildren, grandchildren, nieces, nephews, or 26,748
siblings of the in-home aide or for eligible children whose 26,749
caretaker parent is a grandchild, child, niece, nephew, or 26,750
sibling of the in-home aide. The rules shall require, and shall 26,751
include procedures for the director to ensure, that in-home aides 26,752
that receive a limited certification provide child day-care to 26,753
children in a safe and sanitary manner. The rules shall provide 26,754
for safeguarding the health, safety, and welfare of children 26,755
receiving publicly funded child day-care in their own home and 26,756
shall include the following: 26,757
(1) Standards for ensuring that the child's home and the 26,759
physical surroundings of the child's home are safe and sanitary, 26,760
including, but not limited to, physical environment, physical 26,761
plant, and equipment; 26,762
(2) Standards for the supervision, care, and discipline of 26,764
children receiving publicly funded child day-care in their own 26,765
home; 26,766
(3) Standards for a program of activities, and for play 26,768
equipment, materials, and supplies to enhance the development of 26,769
each child; however, any educational curricula, philosophies, and 26,770
methodologies that are developmentally appropriate and that 26,771
enhance the social, emotional, intellectual, and physical 26,772
development of each child shall be permissible; 26,773
(4) Health care, first aid, and emergency procedures, 26,775
procedures for the care of sick children, procedures for 26,776
discipline and supervision of children, nutritional standards, 26,777
and procedures for screening children and in-home aides, 26,778
including, but not limited to, any necessary physical 26,779
examinations and immunizations; 26,780
(5) Methods of encouraging parental participation and 26,782
ensuring that the rights of children, parents, and in-home aides 26,783
599
are protected and the responsibilities of parents and in-home 26,784
aides are met; 26,785
(6) Standards for the safe transport of children when 26,787
under the care of in-home aides; 26,788
(7) Procedures for issuing, renewing, denying, refusing to 26,790
renew, or revoking certificates; 26,791
(8) Procedures for inspection of homes of children 26,793
receiving publicly funded child day-care in their own homes; 26,794
(9) Procedures for record keeping and evaluation; 26,796
(10) Procedures for receiving, recording, and responding 26,798
to complaints; 26,799
(11) Qualifications and training requirements for in-home 26,801
aides; 26,802
(12) Standards providing for the special needs of children 26,804
who are handicapped or who receive treatment for health 26,805
conditions while the child is receiving publicly funded child 26,806
day-care in the child's own home; 26,807
(13) Any other procedures and standards necessary to carry 26,809
out this chapter. 26,810
(I) The director of job and family services shall send 26,812
copies of proposed rules to each licensee and each county 26,813
director of job and family services and shall give public notice 26,814
of hearings regarding the rules to each licensee and each county 26,816
director of job and family services at least thirty days prior to 26,817
the date of the public hearing, in accordance with section 119.03 26,819
of the Revised Code. Prior to the effective date of a rule, the 26,820
director of job and family services shall provide copies of the 26,822
adopted rule to each licensee and each county director of job and 26,823
family services.
The county director of job and family services shall send 26,825
copies of proposed rules to each authorized provider and in-home 26,827
aide and shall give public notice of hearings regarding the rules 26,828
to each authorized provider and in-home aide at least thirty days 26,829
prior to the date of the public hearing, in accordance with 26,830
600
section 119.03 of the Revised Code. Prior to the effective date 26,831
of a rule, the county director of job and family services shall 26,832
provide copies of the adopted rule to each authorized provider 26,833
and in-home aide. 26,834
Additional copies of proposed and adopted rules shall be 26,836
made available by the director of job and family services to the 26,838
public on request at no charge. 26,839
(J) The director of job and family services shall review 26,841
all rules adopted pursuant to this chapter at least once every 26,843
seven years. 26,845
(K) Notwithstanding any provision of the Revised Code, the 26,847
director of job and family services shall not regulate in any way 26,849
under this chapter or rules adopted pursuant to this chapter, 26,851
instruction in religious or moral doctrines, beliefs, or values. 26,852
Sec. 5104.44. On receipt of a notice pursuant to section 26,861
2301.373 3123.43 of the Revised Code, the department of job and 26,863
family services shall comply with that section SECTIONS 3123.41 26,864
TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED 26,865
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a
license or certificate issued pursuant to this chapter. 26,866
Sec. 5107.20. As used in this section, "support" has the 26,875
same meaning as in section 3113.21 of the Revised Code MEANS 26,877
CHILD SUPPORT, SPOUSAL SUPPORT, AND SUPPORT FOR A SPOUSE OR A
FORMER SPOUSE. 26,878
Participation in Ohio works first constitutes an assignment 26,881
to the department of job and family services of any rights 26,882
members of an assistance group have to support from any other 26,883
person, excluding medical support assigned pursuant to section 26,884
5101.59 of the Revised Code. The rights to support assigned to 26,885
the department pursuant to this section constitute an obligation 26,886
of the person who is responsible for providing the support to the 26,887
state for the amount of cash assistance provided to the 26,889
assistance group.
The division OFFICE of child support in the department of 26,892
601
job and family services shall collect and distribute support 26,893
payments owed to Ohio works first participants, whether assigned 26,894
to the department or unassigned, in accordance with Title IV-D, 26,896
federal 42 U.S.C. 654 B AND 657 AND regulations ADOPTED UNDER 26,897
THOSE STATUTES, state statutes, and rules adopted under section 26,898
5107.05 of the Revised Code.
In UPON IMPLEMENTATION OF CENTRALIZED COLLECTION AND 26,900
DISBURSEMENT UNDER CHAPTER 3121. OF THE REVISED CODE, IN 26,901
accordance with federal statutes 42 U.S.C. 654 B AND 657 and 26,903
regulations ADOPTED UNDER THOSE STATUTES, the department shall 26,904
deposit support payments it receives pursuant to this section 26,906
into the state treasury to the credit of the child support 26,907
collections fund or the child support administrative fund, both 26,908
of which are hereby created. Money credited to the funds shall 26,909
be used to make cash assistance payments under Ohio works first. 26,911
Sec. 5107.22. As used in this section, "caretaker" means 26,921
the parent of a minor child or a relative acting in the parent's 26,923
place.
Unless good cause for failure or refusal exists as 26,925
determined pursuant to rules adopted under section 5107.05 of the 26,926
Revised Code, the caretaker of a minor child shall cooperate, if 26,928
the caretaker is a member of the child's assistance group, in 26,929
establishing the child's paternity and establishing, modifying, 26,930
and enforcing a support order for the child. The child support 26,931
enforcement agency with responsibility for administering the 26,932
assistance group's paternity and support order requirements shall 26,934
determine whether the caretaker is cooperating under this
section. Cooperation includes providing sufficient information 26,935
available to the caretaker to verify the identity of the minor 26,936
child's father and establish, modify, and enforce a support 26,937
order. WITH RESPECT TO CHARTER COUNTIES ONLY, COOPERATION ALSO 26,939
INCLUDES APPEARING AT ALL PROCEEDINGS TO ESTABLISH, MODIFY, OR 26,940
ENFORCE SUPPORT FOR, AND TO ESTABLISH PATERNITY WITH RESPECT TO, 26,941
THE CHILD.
602
A child support enforcement agency shall notify the county 26,944
department of job and family services serving the county in which 26,945
a caretaker resides if the agency determines that the caretaker 26,947
has failed or refused to cooperate under this section without 26,948
good cause and the caretaker is a member of an assistance group 26,949
participating in Ohio works first. 26,950
Sec. 5107.80. The director of job and family services, 26,959
using information provided by employers under section 5101.312 26,960
SECTIONS 3121.891 AND 3121.892 of the Revised Code, shall 26,962
determine quarterly whether individuals who have ceased to 26,963
participate in Ohio works first have entered the workforce. 26,965
Sec. 5123.083. On receipt of a notice pursuant to section 26,974
2301.373 3123.43 of the Revised Code, the director of mental 26,976
retardation and developmental disabilities shall comply with that 26,977
section SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 26,978
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 26,979
CODE with respect to a certificate or evidence of registration 26,981
issued pursuant to this chapter.
Sec. 5126.251. On receipt of a notice pursuant to section 26,990
2301.373 3123.43 of the Revised Code, the director of mental 26,991
retardation and developmental disabilities shall comply with that 26,993
section SECTIONS 3123.41 TO 3123.50 OF THE REVISED CODE AND ANY 26,994
APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF THE REVISED 26,995
CODE with respect to a certificate or evidence of registration 26,997
issued pursuant to this chapter.
Sec. 5153.16. (A) Except as provided in section 2151.422 27,006
of the Revised Code, in accordance with rules of the department 27,007
of job and family services, and on behalf of children in the 27,009
county whom the public children services agency considers to be 27,010
in need of public care or protective services, the public 27,011
children services agency shall do all of the following: 27,012
(1) Make an investigation concerning any child alleged to 27,014
be an abused, neglected, or dependent child; 27,015
(2) Enter into agreements with the parent, guardian, or 27,017
603
other person having legal custody of any child, or with the 27,018
department of job and family services, department of mental 27,019
health, department of mental retardation and developmental 27,020
disabilities, other department, any certified organization within 27,021
or outside the county, or any agency or institution outside the 27,022
state, having legal custody of any child, with respect to the 27,023
custody, care, or placement of any child, or with respect to any 27,024
matter, in the interests of the child, provided the permanent 27,025
custody of a child shall not be transferred by a parent to the 27,026
public children services agency without the consent of the 27,028
juvenile court;
(3) Accept custody of children committed to the public 27,030
children services agency by a court exercising juvenile 27,032
jurisdiction;
(4) Provide such care as the public children services 27,035
agency considers to be in the best interests of any child 27,036
adjudicated to be an abused, neglected, or dependent child the 27,037
agency finds to be in need of public care or service; 27,038
(5) Provide social services to any unmarried girl 27,040
adjudicated to be an abused, neglected, or dependent child who is 27,042
pregnant with or has been delivered of a child; 27,043
(6) Make available to the bureau for children with medical 27,045
handicaps of the department of health at its request any 27,046
information concerning a crippled child found to be in need of 27,047
treatment under sections 3701.021 to 3701.028 of the Revised Code 27,048
who is receiving services from the public children services 27,050
agency;
(7) Provide temporary emergency care for any child 27,052
considered by the public children services agency to be in need 27,054
of such care, without agreement or commitment; 27,055
(8) Find certified foster homes, within or outside the 27,057
county, for the care of children, including handicapped children 27,058
from other counties attending special schools in the county; 27,059
(9) Subject to the approval of the board of county 27,061
604
commissioners and the state department of job and family 27,062
services, establish and operate a training school or enter into 27,063
an agreement with any municipal corporation or other political 27,064
subdivision of the county respecting the operation, acquisition, 27,065
or maintenance of any children's home, training school, or other 27,066
institution for the care of children maintained by such municipal 27,067
corporation or political subdivision; 27,068
(10) Acquire and operate a county children's home, 27,070
establish, maintain, and operate a receiving home for the 27,071
temporary care of children, or procure certified foster homes for 27,073
this purpose; 27,074
(11) Enter into an agreement with the trustees of any 27,076
district children's home, respecting the operation of the 27,077
district children's home in cooperation with the other county 27,078
boards in the district; 27,079
(12) Cooperate with, make its services available to, and 27,081
act as the agent of persons, courts, the department of job and 27,082
family services, the department of health, and other 27,083
organizations within and outside the state, in matters relating 27,084
to the welfare of children, except that the public children 27,085
services agency shall not be required to provide supervision of 27,086
or other services related to the exercise of PARENTING TIME 27,087
RIGHTS GRANTED PURSUANT TO SECTION 3109.051 OR 3109.12 OF THE 27,088
REVISED CODE OR companionship or visitation rights granted
pursuant to section 3109.051, 3109.11, or 3109.12 of the Revised 27,089
Code unless a juvenile court, pursuant to Chapter 2151. of the 27,090
Revised Code, or a common pleas court, pursuant to division 27,091
(E)(6) of section 3113.31 of the Revised Code, requires the 27,092
provision of supervision or other services related to the 27,093
exercise of the PARENTING TIME RIGHTS OR companionship or 27,094
visitation rights;
(13) Make investigations at the request of any 27,096
superintendent of schools in the county or the principal of any 27,097
school concerning the application of any child adjudicated to be 27,098
605
an abused, neglected, or dependent child for release from school, 27,099
where such service is not provided through a school attendance 27,100
department;
(14) Administer funds provided under Title IV-E of the 27,102
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as 27,103
amended, in accordance with rules adopted under section 5101.141 27,104
of the Revised Code; 27,105
(15) In addition to administering Title IV-E adoption 27,107
assistance funds, enter into agreements to make adoption 27,108
assistance payments under section 5153.163 of the Revised Code; 27,109
(16) Implement a system of risk assessment, in accordance 27,111
with rules adopted by the director of job and family services, to 27,114
assist the public children services agency in determining the 27,115
risk of abuse or neglect to a child; 27,116
(17) Enter into a plan of cooperation with the board of 27,118
county commissioners under section 307.983 of the Revised Code 27,119
and comply with the partnership agreement the board enters into 27,120
under section 307.98 of the Revised Code and contracts the board 27,121
enters into under sections 307.981 and 307.982 of the Revised 27,122
Code that affect the public children services agency; 27,123
(18) Make reasonable efforts to prevent the removal of an 27,125
alleged or adjudicated abused, neglected, or dependent child from 27,126
the child's home, eliminate the continued removal of the child 27,127
from the child's home, or make it possible for the child to 27,128
return home safely, except that reasonable efforts of that nature 27,129
are not required when a court has made a determination under 27,130
division (A)(2) of section 2151.419 of the Revised Code; 27,131
(19) Make reasonable efforts to place the child in a 27,133
timely manner in accordance with the permanency plan approved 27,134
under division (E) of section 2151.417 of the Revised Code and to 27,136
complete whatever steps are necessary to finalize the permanent 27,137
placement of the child. 27,138
(B) The public children services agency shall use the 27,140
system implemented pursuant to division (B)(16) of this section 27,141
606
in connection with an investigation undertaken pursuant to 27,142
division (F)(1) of section 2151.421 of the Revised Code and may 27,144
use the system at any other time the agency is involved with any
child when the agency determines that risk assessment is 27,145
necessary.
(C) Except as provided in section 2151.422 of the Revised 27,147
Code, in accordance with rules of the director of job and family 27,149
services, and on behalf of children in the county whom the public 27,150
children services agency considers to be in need of public care 27,151
or protective services, the public children services agency may 27,152
do the following:
(1) Provide or find, with other child serving systems, 27,155
specialized foster care for the care of children in a specialized 27,156
foster home, as defined in section 5103.02 of the Revised Code, 27,157
certified under section 5103.03 of the Revised Code;
(2)(a) Except as limited by divisions (C)(2)(b) and (c) of 27,160
this section, contract with the following for the purpose of
assisting the agency with its duties: 27,161
(i) County departments of job and family services; 27,163
(ii) Boards of alcohol, drug addiction, and mental health 27,166
services;
(iii) County boards of mental retardation and 27,168
developmental disabilities; 27,169
(iv) Regional councils of political subdivisions 27,171
established under Chapter 167. of the Revised Code; 27,172
(v) Private and government providers of services; 27,174
(vi) Managed care organizations and prepaid health plans. 27,176
(b) A public children services agency contract under 27,179
division (C)(2)(a) of this section regarding the agency's duties
under section 2151.421 of the Revised Code may not provide for 27,180
the entity under contract with the agency to perform any service 27,181
not authorized by the department's rules. 27,182
(c) Only a county children services board appointed under 27,185
section 5153.03 of the Revised Code that is a public children
607
services agency may contract under division (C)(2)(a) of this 27,186
section. If an entity specified in division (B) or (C) of 27,187
section 5153.02 of the Revised Code is the public children 27,188
services agency for a county, the board of county commissioners 27,189
may enter into contracts pursuant to section 307.982 of the
Revised Code regarding the agency's duties. 27,190
Sec. 5505.04. (A) The general administration and 27,199
management of the state highway patrol retirement system and the 27,200
making effective of this chapter are hereby vested in the state 27,201
highway patrol retirement board. The board may sue and be sued, 27,202
plead and be impleaded, contract and be contracted with, and do 27,203
all things necessary to carry out this chapter. 27,204
The board shall consist of the auditor of state, the 27,206
superintendent of the state highway patrol, a retirant-member who 27,207
is a resident of this state, and four employee-members. 27,208
The board shall annually elect a chairperson and 27,210
vice-chairperson from among its members. The vice-chairperson 27,211
shall act as chairperson in the absence of the chairperson. A 27,212
majority of the members of the board shall constitute a quorum 27,213
and any action taken shall be approved by four or more of the 27,214
members. The board shall meet not less than once each year, upon 27,215
sufficient notice to the members. All meetings of the board 27,216
shall be open to the public except executive sessions as set 27,217
forth in division (G) of section 121.22 of the Revised Code, and 27,218
any portions of any sessions discussing medical records or the 27,219
degree of disability of a member excluded from public inspection 27,220
by this section.
(B) The attorney general shall prescribe procedures for 27,222
the adoption of rules authorized under this chapter, consistent 27,223
with the provision of section 111.15 of the Revised Code under 27,224
which all rules shall be filed in order to be effective. Such 27,225
procedures shall establish methods by which notice of proposed 27,226
rules are given to interested parties and rules adopted by the 27,227
board published and otherwise made available. When it files a 27,229
608
rule with the joint committee on agency rule review pursuant to 27,230
section 111.15 of the Revised Code, the board shall submit to the 27,232
Ohio retirement study council a copy of the full text of the 27,233
rule, and if applicable, a copy of the rule summary and fiscal 27,235
analysis required by division (B) of section 127.18 of the 27,236
Revised Code. 27,238
(C) The retirant-member of the board shall be elected for 27,240
a four-year term by a general election of service and disability 27,241
retirants conducted in a manner approved by the board. The term 27,242
of the initial retirant-member shall commence in August 1990. A 27,243
person who at the time of retirement is an employee-member of the 27,244
board is not eligible to become a retirant-member until three 27,245
years after such person's retirement date. Employee-members of 27,247
the board shall be elected for terms of four years by a general 27,248
election of contributing members conducted in a manner approved 27,249
by the board. The term of office of each employee-member shall 27,250
commence in August of the year in which such member is elected. 27,251
Any vacancy occurring in the term of the retirant-member or any 27,253
employee-member of the board shall be filled by an election 27,254
conducted in the same manner as other retirant-member and 27,255
employee-member elections. The retirant-member or 27,256
employee-member elected shall fill the unexpired term. 27,257
(D)(1) As used in this division, "personal history record" 27,259
means information maintained by the board on a member, former 27,260
member, retirant, or beneficiary that includes the address, 27,261
telephone number, social security number, record of 27,262
contributions, correspondence with the system, and other 27,263
information the board determines to be confidential. 27,264
(2) The records of the board shall be open to public 27,266
inspection, except for the following which shall be excluded: the 27,268
member's, former member's, retirant's, or beneficiary's personal 27,269
history record and the amount of a monthly allowance or benefit 27,270
paid to a retirant, beneficiary, or survivor, except with the 27,271
written authorization of the individual concerned. All medical 27,272
609
reports and recommendations are privileged except that copies of 27,273
such medical reports or recommendations shall be made available 27,274
to the individual's personal physician, attorney, or authorized 27,275
agent upon written release received from such individual or such 27,276
individual's agent, or when necessary for the proper 27,277
administration of the fund to the board-assigned physician. 27,278
(E) Notwithstanding the exceptions to public inspection in 27,280
division (D)(2) of this section, the board may furnish the 27,281
following information: 27,282
(1) If a member, former member, or retirant is subject to 27,284
an order issued under section 2907.15 of the Revised Code or is 27,285
convicted of or pleads guilty to a violation of section 2921.41 27,286
of the Revised Code, on written request of a prosecutor as 27,287
defined in section 2935.01 of the Revised Code, the board shall 27,288
furnish to the prosecutor the information requested from the 27,289
individual's personal history record. 27,290
(2) Pursuant to a court order issued under section 3113.21 27,292
CHAPTERS 3119., 3121., AND 3123. of the Revised Code, the board 27,294
shall furnish to a court or child support enforcement agency the 27,295
information required under that section THOSE CHAPTERS. 27,296
(3) At the written request of any nonprofit organization 27,298
or association providing services to retirement system members, 27,299
retirants, or beneficiaries, the board shall provide to the 27,300
organization or association a list of the names and addresses of 27,301
members, former members, retirants, or beneficiaries if the 27,302
organization or association agrees to use such information solely 27,303
in accordance with its stated purpose of providing services to 27,304
such individuals and not for the benefit of other persons, 27,305
organizations, or associations. The costs of compiling, copying, 27,306
and mailing the list shall be paid by such entity. 27,307
(4) Within fourteen days after receiving from the director 27,309
of job and family services a list of the names and social 27,310
security numbers of recipients of public assistance pursuant to 27,311
section 5101.181 of the Revised Code, the board shall inform the 27,312
610
auditor of state of the name, current or most recent employer 27,313
address, and social security number of each member whose name and 27,314
social security number are the same as those of a person whose 27,315
name or social security number was submitted by the director. 27,316
The board and its employees, except for purposes of furnishing 27,317
the auditor of state with information required by this section, 27,318
shall preserve the confidentiality of recipients of public 27,319
assistance in compliance with division (A) of section 5101.181 of 27,320
the Revised Code.
(F) A statement that contains information obtained from 27,322
the system's records that is certified and signed by an officer 27,323
of the retirement system and to which the system's official seal 27,324
is affixed, or copies of the system's records to which the 27,325
signature and seal are attached, shall be received as true copies 27,326
of the system's records in any court or before any officer of 27,327
this state. 27,328
Sec. 5505.22. The right of any person to a pension, or to 27,338
the return of accumulated contributions, payable as provided 27,339
under this chapter, and all moneys, investments of the state 27,340
highway patrol retirement system, and income therefrom, are 27,341
exempt from any state tax, except the tax imposed by section
5747.02 of the Revised Code, and are exempt from any county, 27,342
municipal, or other local tax, except taxes imposed pursuant to 27,343
section 5748.02 or 5748.08 of the Revised Code and, except as 27,345
provided in sections 3111.23, 3113.21 3119.80, 3119.81, 3121.02, 27,346
3121.03, 3123.06, and 5505.26 of the Revised Code, shall not be 27,348
subject to execution, garnishment, attachment, the operation of 27,349
bankruptcy or insolvency laws, or any other process of law 27,350
whatsoever, and shall be unassignable except as specifically
provided in this chapter. 27,351
Sec. 5703.21. (A) Except as provided in divisions (B), 27,360
(C), (D), (E), (F), and (G) of this section, no agent of the 27,362
department of taxation, except in the agent's report to the 27,363
department or when called on to testify in any court or 27,364
611
proceeding, shall divulge any information acquired by the agent 27,365
as to the transactions, property, or business of any person while 27,366
acting or claiming to act under orders of the department. 27,367
Whoever violates this provision shall thereafter be disqualified 27,368
from acting as an officer or employee or in any other capacity 27,369
under appointment or employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 27,371
of the Revised Code, or an audit of the department pursuant to 27,372
Chapter 117. of the Revised Code, or an audit, pursuant to that 27,373
chapter, the objective of which is to express an opinion on a 27,374
financial report or statement prepared or issued pursuant to 27,375
division (A)(7) or (9) of section 126.21 of the Revised Code, the 27,378
officers and employees of the auditor of state charged with 27,379
conducting the audit shall have access to and the right to 27,380
examine any state tax returns and state tax return information in 27,381
the possession of the department to the extent that the access 27,383
and examination are necessary for purposes of the audit. Any 27,384
information acquired as the result of that access and examination 27,386
shall not be divulged for any purpose other than as required for 27,387
the audit or unless the officers and employees are required to 27,389
testify in a court or proceeding under compulsion of legal 27,390
process. Whoever violates this provision shall thereafter be 27,391
disqualified from acting as an officer or employee or in any 27,392
other capacity under appointment or employment of the auditor of 27,393
state. 27,394
(2) As provided by section 6103(d)(2) of the Internal 27,396
Revenue Code, any federal tax returns or federal tax information 27,397
that the department has acquired from the internal revenue 27,398
service, through federal and state statutory authority, may be 27,399
disclosed to the auditor of state solely for purposes of an audit 27,400
of the department. 27,401
(C) Division (A) of this section does not prohibit 27,403
divulging information contained in applications, complaints, and 27,404
related documents filed with the department under section 5715.27 27,405
612
of the Revised Code or in applications filed with the department 27,406
under section 5715.39 of the Revised Code. 27,407
(D) Division (A) of this section does not prohibit the 27,409
department of taxation providing information to the division 27,410
OFFICE of child support within the department of job and family 27,411
services, or a child support enforcement agency, pursuant to 27,413
division (G)(2) of section 5101.31 3125.43 of the Revised Code. 27,414
(E) Division (A) of this section does not prohibit the 27,417
disclosure to the board of motor vehicle collision repair 27,418
registration of any information in the possession of the 27,419
department that is necessary for the board to verify the 27,420
existence of an applicant's valid vendor's license and current 27,421
state tax identification number under section 4775.07 of the
Revised Code. 27,422
(F) Division (A) of this section does not prohibit the 27,424
department from providing information to the administrator of 27,425
workers' compensation pursuant to section 4123.591 of the Revised 27,426
Code.
(G) Division (A) of this section does not prohibit the 27,428
department of taxation from providing to the attorney general 27,429
information the department obtains under division (J) of section 27,430
1346.01 of the Revised Code.
Sec. 5747.121. (A) In accordance with section 5101.321 27,439
SECTIONS 3123.821 TO 3123.823 of the Revised Code, the tax 27,441
commissioner shall cooperate with the department of job and 27,442
family services in establishing and then implementing procedures 27,443
for the collection of overdue child support from refunds of paid 27,444
state income taxes under this chapter that are payable to 27,445
obligors. The tax commissioner shall deposit money collected 27,446
from such refunds into the child support intercept fund. 27,447
(B) At the request of the department of job and family 27,449
services in connection with the collection of overdue child 27,450
support from a refund of paid state income taxes pursuant to 27,451
section 5101.321 SECTIONS 3123.821 TO 3123.823 of the Revised 27,453
613
Code and division (A) of this section, the tax commissioner shall 27,454
release to the department the home address and social security 27,455
number of any obligor whose overdue child support may be 27,456
collected from a refund of paid state income taxes pursuant to 27,457
section 5101.321 SECTIONS 3123.821 TO 3123.823 of the Revised 27,458
Code and division (A) of this section.
(C) In the case of persons filing a joint income tax 27,460
return, the amount of the refund available for the collection of 27,461
overdue child support shall be based on the proportion of the 27,462
refund due to the obligor only. Any obligor's spouse who objects 27,463
to the amount of the refund to be used for the collection of 27,464
overdue child support may file a complaint with the tax 27,465
commissioner within twenty-one days after receiving notice of the 27,466
collection. The commissioner shall afford a complainant an 27,467
opportunity to be heard. The burden of proving an error by the 27,468
commissioner in determining the amount of a refund to be used for 27,469
the collection of overdue child support shall be on the 27,470
complainant. 27,471
(D) There is hereby created in the state treasury the 27,473
child support intercept fund, which shall consist of moneys paid 27,474
into it by the tax commissioner under division (A) of this 27,475
section. Moneys in the fund shall be disbursed pursuant to 27,476
vouchers approved by the director of job and family services for 27,478
use by the division of child support to meet the requirements of 27,479
section 666 of Title IV-D of the "Social Security Act," 98 Stat. 27,481
1306 (1975), 42 U.S.C. 666, as amended, and any rules promulgated 27,482
under Title IV-D. Moneys appropriated from the fund are not 27,483
intended to replace other moneys appropriated for this purpose. 27,484
(E) As used in this section, "obligor" has the same 27,486
meaning as in division (D) of section 5101.321 3123.82 of the 27,488
Revised Code.
Sec. 5747.123. (A) AS USED IN THIS SECTION: 27,490
(1) "OBLIGEE" AND "OBLIGOR" HAVE THE SAME MEANINGS AS IN 27,492
SECTION 3119.01 OF THE REVISED CODE; 27,493
614
(2) "OVERPAID CHILD SUPPORT" HAS THE SAME MEANING AS IN 27,495
SECTION 3123.82 OF THE REVISED CODE. 27,496
(B) IN ACCORDANCE WITH SECTIONS 3123.821 TO 3123.823 OF 27,498
THE REVISED CODE, THE TAX COMMISSIONER SHALL COOPERATE WITH THE 27,500
DEPARTMENT OF JOB AND FAMILY SERVICES IN ESTABLISHING AND 27,501
IMPLEMENTING PROCEDURES FOR THE COLLECTION OF OVERPAID CHILD 27,502
SUPPORT FROM REFUNDS OF PAID STATE INCOME TAXES UNDER THIS 27,503
CHAPTER THAT ARE PAYABLE TO OBLIGEES. THE TAX COMMISSIONER SHALL 27,504
COLLECT THE REFUNDS AND SEND THE AMOUNTS TO THE DEPARTMENT OF JOB 27,505
AND FAMILY SERVICES FOR DISTRIBUTION TO OBLIGORS WHO MADE THE
OVERPAYMENT. 27,506
(C) IN THE CASE OF PERSONS FILING A JOINT INCOME TAX 27,508
RETURN, THE AMOUNT OF THE REFUND AVAILABLE FOR THE COLLECTION OF 27,509
OVERPAID CHILD SUPPORT SHALL BE BASED ON THE PROPORTION OF THE 27,510
REFUND DUE THE OBLIGEE ONLY. AN OBLIGEE'S SPOUSE WHO OBJECTS TO 27,511
THE AMOUNT OF THE REFUND TO BE USED FOR THE COLLECTION OF 27,512
OVERPAID CHILD SUPPORT MAY FILE A COMPLAINT WITH THE TAX 27,513
COMMISSIONER WITHIN TWENTY-ONE DAYS AFTER RECEIVING NOTICE OF THE 27,514
COLLECTION. THE COMMISSIONER SHALL AFFORD A COMPLAINANT AN 27,515
OPPORTUNITY TO BE HEARD. THE BURDEN OF PROVING AN ERROR BY THE 27,516
COMMISSIONER IN DETERMINING THE AMOUNT OF THE REFUND TO BE USED 27,517
FOR THE COLLECTION OF OVERPAID CHILD SUPPORT SHALL BE ON THE 27,518
COMPLAINANT.
Sec. 5747.18. The tax commissioner shall enforce and 27,527
administer this chapter. In addition to any other powers 27,528
conferred upon the commissioner by law, the commissioner may: 27,529
(A) Prescribe all forms required to be filed pursuant to 27,531
this chapter; 27,532
(B) Adopt such rules as the commissioner finds necessary 27,534
to carry out this chapter; 27,535
(C) Appoint and employ such personnel as are necessary to 27,537
carry out the duties imposed upon the commissioner by this 27,538
chapter.
Any information gained as the result of returns, 27,540
615
investigations, hearings, or verifications required or authorized 27,541
by this chapter is confidential, and no person shall disclose 27,542
such information, except for official purposes, or as provided by 27,543
section 3125.43, 4123.591, 4507.023, or 5101.182, division (G)(2) 27,545
of section 5101.31 or division (B) of section 5703.21 of the 27,547
Revised Code, or in accordance with a proper judicial order. The 27,548
tax commissioner may furnish the internal revenue service with 27,549
copies of returns or reports filed and may furnish the officer of 27,550
a municipal corporation charged with the duty of enforcing a tax 27,551
subject to Chapter 718. of the Revised Code with the names, 27,552
addresses, and identification numbers of taxpayers who may be 27,553
subject to such tax. A municipal corporation shall use this 27,554
information for tax collection purposes only. This section does 27,555
not prohibit the publication of statistics in a form which does 27,556
not disclose information with respect to individual taxpayers. 27,557
Section 2. That existing sections 109.573, 145.27, 145.56, 27,559
148.09, 149.43, 169.03, 169.08, 329.04, 742.41, 742.47, 909.131, 27,561
917.24, 918.45, 919.21, 921.30, 926.102, 927.521, 943.19, 27,562
1321.05, 1321.84, 1322.101, 1347.08, 1349.01, 1533.82, 1541.42, 27,563
1547.544, 1561.52, 1565.25, 1905.201, 2151.23, 2151.231, 27,564
2151.232, 2151.33, 2151.36, 2151.49, 2301.03, 2301.354, 2301.356, 27,565
2301.358, 2301.371, 2301.375, 2301.39, 2301.99, 2317.02, 2329.66, 27,568
2705.02, 2705.031, 2716.01, 2919.22, 2919.231, 3103.03, 3103.031, 27,569
3105.18, 3105.21, 3105.63, 3105.65, 3107.01, 3107.06, 3107.064, 27,570
3107.15, 3109.04, 3109.05, 3109.051, 3109.052, 3109.11, 3109.12, 27,571
3109.19, 3109.21, 3109.27, 3109.28, 3111.01, 3111.02, 3111.03,
3111.04, 3111.06, 3111.07, 3111.08, 3111.09, 3111.10, 3111.11, 27,572
3111.111, 3111.12, 3111.13, 3111.15, 3111.16, 3111.17, 3111.221, 27,573
3111.29, 3111.30, 3111.31, 3111.32, 3111.33, 3111.34, 3111.35, 27,574
3111.36, 3111.37, 3111.38, 3111.99, 3113.04, 3113.07, 3113.16, 27,575
3113.212, 3113.219, 3113.2110, 3113.2111, 3113.31, 3113.99, 27,576
3115.01, 3115.03, 3115.04, 3115.05, 3115.08, 3115.09, 3115.11, 27,577
3115.14, 3115.16, 3115.17, 3115.28, 3115.31, 3115.32, 3115.33, 27,579
3115.34, 3115.35, 3115.36, 3115.37, 3115.42, 3115.49, 3115.52, 27,580
616
3115.56, 3301.071, 3301.074, 3301.71, 3304.42, 3305.08, 3307.20, 27,581
3307.41, 3309.22, 3309.66, 3319.088, 3319.29, 3319.31, 3319.312, 27,582
3332.031, 3332.18, 3701.915, 3705.09, 3705.091, 3710.19, 3719.82, 27,583
3723.18, 3727.17, 3737.883, 3742.20, 3770.07, 3770.071, 3773.36, 27,584
3773.42, 3773.59, 3783.09, 3905.53, 3921.281, 3924.48, 3924.49, 27,585
3931.13, 3941.02, 3949.22, 3951.10, 3959.17, 4104.21, 4123.67, 27,586
4141.282, 4501.25, 4506.071, 4507.08, 4507.111, 4507.16, 4507.34, 27,587
4507.99, 4511.191, 4701.28, 4703.12, 4703.16, 4703.36, 4703.52, 27,588
4705.021, 4707.23, 4709.26, 4713.27, 4715.40, 4717.16, 4723.07, 27,589
4723.09, 4723.341, 4723.63, 4725.20, 4725.531, 4727.031,
4728.031, 4729.67, 4730.251, 4731.76, 4732.27, 4733.15, 4733.27, 27,591
4734.22, 4735.05, 4735.33, 4736.17, 4738.072, 4739.07, 4739.16, 27,592
4740.101, 4741.02, 4741.32, 4747.16, 4749.14, 4751.12, 4753.071, 27,593
4753.15, 4755.04, 4755.09, 4755.61, 4755.66, 4757.19, 4759.11, 27,594
4761.03, 4761.12, 4763.03, 4763.18, 4765.56, 5101.313, 5101.316, 27,595
5101.317, 5101.318, 5101.32, 5101.322, 5101.326, 5101.327, 27,597
5101.36, 5101.37, 5101.99, 5104.011, 5104.44, 5107.20, 5107.22, 27,598
5107.80, 5123.083, 5126.251, 5153.16, 5505.04, 5505.22, 5703.21, 27,599
5747.121, and 5747.18 and sections 2301.34, 2301.35, 2301.353, 27,600
2301.355, 2301.357, 2301.36, 2301.37, 2301.372, 2301.373, 27,601
2301.374, 2301.38, 2301.40, 2301.41, 2301.43, 2301.44, 2301.45, 27,602
2301.46, 3111.19, 3111.20, 3111.21, 3111.211, 3111.22, 3111.23, 27,603
3111.231, 3111.24, 3111.241, 3111.242, 3111.25, 3111.26, 3111.27, 27,604
3111.28, 3113.21, 3113.211, 3113.213, 3113.214, 3113.215, 27,605
3113.216, 3113.217, 3113.218, 5101.31, 5101.311, 5101.312, 27,606
5101.314, 5101.315, 5101.319, 5101.321, 5101.323, 5101.324, and 27,607
5101.325 of the Revised Code are hereby repealed. 27,609
Section 3. That the version of section 5703.21 of the 27,611
Revised Code that is scheduled to take effect January 1, 2002, be 27,612
amended to read as follows:
Sec. 5703.21. (A) Except as provided in divisions (B) and 27,621
(C) of this section, no agent of the department of taxation, 27,623
except in the agent's report to the department or when called on 27,624
to testify in any court or proceeding, shall divulge any 27,625
617
information acquired by the agent as to the transactions, 27,626
property, or business of any person while acting or claiming to 27,627
act under orders of the department. Whoever violates this 27,628
provision shall thereafter be disqualified from acting as an 27,629
officer or employee or in any other capacity under appointment or 27,630
employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 27,632
of the Revised Code, or an audit of the department pursuant to 27,633
Chapter 117. of the Revised Code, or an audit, pursuant to that 27,634
chapter, the objective of which is to express an opinion on a 27,635
financial report or statement prepared or issued pursuant to 27,636
division (A)(7) or (9) of section 126.21 of the Revised Code, the 27,639
officers and employees of the auditor of state charged with 27,640
conducting the audit shall have access to and the right to 27,641
examine any state tax returns and state tax return information in 27,642
the possession of the department to the extent that the access 27,644
and examination are necessary for purposes of the audit. Any 27,645
information acquired as the result of that access and examination 27,647
shall not be divulged for any purpose other than as required for 27,648
the audit or unless the officers and employees are required to 27,650
testify in a court or proceeding under compulsion of legal 27,651
process. Whoever violates this provision shall thereafter be 27,652
disqualified from acting as an officer or employee or in any 27,653
other capacity under appointment or employment of the auditor of 27,654
state. 27,655
(2) As provided by section 6103(d)(2) of the Internal 27,657
Revenue Code, any federal tax returns or federal tax information 27,658
that the department has acquired from the internal revenue 27,659
service, through federal and state statutory authority, may be 27,660
disclosed to the auditor of state solely for purposes of an audit 27,661
of the department. 27,662
(C) Division (A) of this section does not prohibit any of 27,665
the following:
(1) Divulging information contained in applications, 27,667
618
complaints, and related documents filed with the department under 27,668
section 5715.27 of the Revised Code or in applications filed with 27,669
the department under section 5715.39 of the Revised Code; 27,670
(2) Providing information to the division OFFICE of child 27,672
support within the department of job and family services, or a 27,674
child support enforcement agency, pursuant to division (G)(2) of 27,675
section 5101.31 3125.43 of the Revised Code; 27,677
(3) Disclosing to the board of motor vehicle collision 27,680
repair registration any information in the possession of the 27,681
department that is necessary for the board to verify the 27,683
existence of an applicant's valid vendor's license and current 27,684
state tax identification number under section 4775.07 of the
Revised Code; 27,685
(4) Providing information to the administrator of workers' 27,688
compensation pursuant to section 4123.591 of the Revised Code; 27,689
(5) Providing to the attorney general information the 27,692
department obtains under division (J) of section 1346.01 of the 27,693
Revised Code;
(6) Permitting properly authorized officers, employees, or 27,695
agents of a municipal corporation from inspecting reports or 27,696
information pursuant to rules adopted under section 5745.16 of 27,697
the Revised Code.
Section 4. That the existing version of section 5703.21 of 27,699
the Revised Code that is scheduled to take effect January 1, 27,700
2002, is hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect 27,702
January 1, 2002.
Section 6. Notwithstanding Section 13 of Am. Sub. S.B. 287 27,704
of the 123rd General Assembly, the amendment by that act of 27,705
sections 5747.221 and 5747.24 of the Revised Code applies to 27,706
taxable years beginning in 2001 or thereafter.
Section 7. Section 149.43 of the Revised Code is presented 27,708
in this act as a composite of the section as amended by Sub. H.B. 27,710
448, Sub. H.B. 539, and Am. Sub. H.B. 640 of the 123rd General
619
Assembly, with the new language of none of the acts shown in 27,712
capital letters. Section 2151.23 of the Revised Code is 27,713
presented in this act as a composite of the section as amended by 27,714
both Sub. H.B. 583 and Am. Sub. S.B. 181 of the 123rd General 27,715
Assembly, with the new language of neither of the acts shown in 27,716
capital letters. Section 4703.12 of the Revised Code is 27,717
presented in this act as a composite of the section as amended by 27,718
Am. Sub. H.B. 117, Sub. H.B. 167, and Sub. H.B. 231 of the 121st 27,719
General Assembly, with the new language of none of the acts shown 27,720
in capital letters. Section 4763.03 of the Revised Code is 27,721
presented in this act as a composite of the section as amended by 27,722
both Sub. H.B. 167 and Am. H.B. 304 of the 121st General 27,723
Assembly, with the new language of neither of the acts shown in 27,724
capital letters. Section 5153.16 of the Revised Code is 27,725
presented in this act as a composite of the section as amended by 27,726
both Sub. H.B. 332 and Sub. H.B. 448 of the 123rd General 27,727
Assembly, with the new language of neither of the acts shown in 27,728
capital letters. This is in recognition of the principle stated 27,729
in division (B) of section 1.52 of the Revised Code that such 27,730
amendments are to be harmonized where not substantively 27,731
irreconcilable and constitutes a legislative finding that such is 27,732
the resulting version in effect prior to the effective date of 27,733
this act.