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.