Sub. S. B. No. 180 As Reported by the House Children and Family Services Committee

SENATORS Kearns, Schafrath, Drake, Mumper, Gardner

REPRESENTATIVES O'Brien, Willamowski, Winkler

A BILL

To amend sections 109.573, 145.27, 145.56, 148.09,

149.43, 169.03, 169.08, 329.04, 742.41, 742.47,

909.131, 917.24, 918.45, 919.21, 921.30, 926.102,

927.521, 943.19, 1321.05, 1321.84, 1322.101,

1347.08, 1349.01, 1533.82, 1541.42, 1547.544,

1561.52, 1565.25, 1905.201, 2151.23, 2151.231,

2151.232, 2151.33, 2151.36, 2151.49, 2301.03,

2301.356, 2301.358, 2301.371, 2301.375, 2301.39,

2301.99, 2317.02, 2329.66, 2705.02, 2705.031,

2716.01, 2919.22, 2919.231, 3103.03, 3103.031,

3105.18, 3105.21, 3105.63, 3105.65, 3107.01,

3107.06, 3107.064, 3107.15, 3109.04, 3109.05,

3109.051, 3109.052, 3109.11, 3109.12, 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, 3111.111, 3111.12,

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, 3113.04,

3113.07, 3113.16, 3113.212, 3113.219, 3113.2111,

3113.31, 3113.99, 3115.01, 3115.03, 3115.04,

3115.05, 3115.08, 3115.09, 3115.11, 3115.14,

3115.16, 3115.17, 3115.28, 3115.31, 3115.32,

3115.33, 3115.34, 3115.35, 3115.36, 3115.37,

3115.42, 3115.49, 3115.52, 3115.56, 3301.071,

3301.074, 3301.71, 3304.42, 3305.08, 3307.20,

3307.41, 3309.22, 3309.66, 3319.088, 3319.29,

3319.31, 3319.312, 3332.031, 3332.18, 3701.915,

3705.09, 3705.091, 3710.19, 3719.82, 3723.18,

3727.17, 3737.883, 3742.20, 3770.07, 3770.071,

3773.36, 3773.42, 3773.59, 3783.09, 3905.53,

3921.281, 3924.48, 3924.49, 3931.13, 3941.02,

3949.22, 3951.10, 3959.17, 4104.21, 4123.67,

4141.282, 4501.25, 4506.071, 4507.08, 4507.111,

4507.16, 4507.34, 4507.99, 4511.191, 4701.28,

4703.12, 4703.16, 4703.36, 4703.52, 4705.021,

4707.23, 4709.26, 4713.27, 4715.40, 4717.16,

4723.07, 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, 4734.22,

4735.05, 4735.33, 4736.17, 4738.072, 4739.07,

4739.16, 4740.101, 4741.02, 4741.32, 4747.16,

4749.14, 4751.12, 4753.071, 4753.15, 4755.04,

4755.09, 4755.61, 4755.66, 4757.19, 4759.11,

4761.03, 4761.12, 4763.03, 4763.18, 4765.56,

5101.313, 5101.316, 5101.317, 5101.318, 5101.32,

5101.322, 5101.326, 5101.327, 5101.36, 5101.37,

5101.99, 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; to amend,

for the purpose of adopting new section numbers as

indicated in parentheses, sections 2301.354

(3125.17), 2301.356 (3111.61), 2301.358 (3111.53),

2301.371 (3121.07), 2301.375 (3123.62), 2301.39

(3123.16), 3111.221 (3111.58), 3111.29 (3111.19),

3111.30 (3111.88), 3111.31 (3111.89), 3111.32

(3111.90), 3111.33 (3111.91), 3111.34 (3111.92),

3111.35 (3111.93), 3111.36 (3111.94), 3111.37

(3111.95), 3111.38 (3111.96), 3113.16 (3121.08),

3113.212 (3121.14), 3113.219 (3123.17), 3113.2110

(3123.18), 3113.2111 (3119.962), 3701.915

(3748.121), 3921.281 (3921.331), 5101.313

(3111.69), 5101.316 (3121.92), 5101.317 (3125.38),

5101.318 (3121.91), 5101.32 (3123.81), 5101.322

(3125.07), 5101.326 (3123.85), and 5101.327

(3123.88); to enact new sections 3111.20, 3111.21,

3111.22, 3111.23, 3111.24, 3111.25, 3111.26,

3111.27, 3111.28, 3111.29, 3111.30, 3111.31,

3111.32, 3111.33, 3111.34, 3111.35, and 3111.38 and

sections 3111.381, 3111.39, 3111.40, 3111.41,

3111.42, 3111.421, 3111.43, 3111.44, 3111.45,

3111.46, 3111.47, 3111.48, 3111.49, 3111.50,

3111.51, 3111.52, 3111.54, 3111.611, 3111.64,

3111.65, 3111.66, 3111.67, 3111.71, 3111.72,

3111.73, 3111.74, 3111.77, 3111.78, 3111.80,

3111.81, 3111.82, 3111.821, 3111.83, 3111.831,

3111.832, 3111.84, 3111.85, 3119.01, 3119.02,

3119.021, 3119.022, 3119.023, 3119.024, 3119.03,

3119.04, 3119.05, 3119.06, 3119.07, 3119.08,

3119.09, 3119.22, 3119.23, 3119.24, 3119.27,

3119.28, 3119.30, 3119.301, 3119.31, 3119.33,

3119.34, 3119.35, 3119.37, 3119.38, 3119.40,

3119.41, 3119.43, 3119.44, 3119.45, 3119.46,

3119.47, 3119.48, 3119.49, 3119.491, 3119.50,

3119.51, 3119.52, 3119.53, 3119.54, 3119.56,

3119.57, 3119.58, 3119.60, 3119.61, 3119.63,

3119.64, 3119.65, 3119.66, 3119.67, 3119.68,

3119.69, 3119.70, 3119.71, 3119.72, 3119.73,

3119.74, 3119.75, 3119.76, 3119.79, 3119.80,

3119.81, 3119.82, 3119.83, 3119.84, 3119.86,

3119.87, 3119.88, 3119.89, 3119.90, 3119.91,

3119.92, 3119.93, 3119.94, 3119.96, 3119.961,

3119.963, 3119.964, 3119.965, 3119.966, 3119.967,

3121.01, 3121.02, 3121.03, 3121.031, 3121.032,

3121.033, 3121.034, 3121.035, 3121.036, 3121.037,

3121.038, 3121.039, 3121.0310, 3121.04, 3121.05,

3121.06, 3121.09, 3121.091, 3121.11, 3121.12,

3121.15, 3121.16, 3121.18, 3121.19, 3121.20,

3121.21, 3121.23, 3121.24, 3121.25, 3121.27,

3121.28, 3121.29, 3121.30, 3121.33, 3121.34,

100

3121.35, 3121.36, 3121.37, 3121.371, 3121.372,

101

3121.38, 3121.381, 3121.39, 3121.43, 3121.44,

102

3121.45, 3121.46, 3121.47, 3121.48, 3121.49,

103

3121.50, 3121.51, 3121.52, 3121.53, 3121.54,

104

3121.56, 3121.57, 3121.58, 3121.59, 3121.60,

105

3121.63, 3121.64, 3121.65, 3121.67, 3121.69,

106

3121.71, 3121.74, 3121.75, 3121.76, 3121.77,

107

3121.78, 3121.81, 3121.82, 3121.83, 3121.84,

108

3121.85, 3121.86, 3121.89, 3121.891, 3121.892,

109

3121.893, 3121.894, 3121.895, 3121.896, 3121.897,

110

3121.898, 3121.899, 3121.8910, 3121.8911, 3121.99,

111

3123.01, 3123.02, 3123.03, 3123.031, 3123.04,

112

3123.05, 3123.06, 3123.061, 3123.062, 3123.07,

113

3123.071, 3123.10, 3123.11, 3123.12, 3123.121,

114

3123.13, 3123.14, 3123.15, 3123.19, 3123.20,

115

3123.21, 3123.22, 3123.24, 3123.25, 3123.26,

116

3123.27, 3123.28, 3123.29, 3123.30, 3123.31,

117

3123.32, 3123.33, 3123.34, 3123.35, 3123.36,

118

3123.37, 3123.38, 3123.41, 3123.42, 3123.43,

119

3123.44, 3123.45, 3123.46, 3123.47, 3123.471,

120

3123.48, 3123.49, 3123.50, 3123.52, 3123.53,

121

3123.54, 3123.55, 3123.56, 3123.57, 3123.58,

122

3123.581, 3123.59, 3123.60, 3123.61, 3123.611,

123

3123.612, 3123.613, 3123.614, 3123.63, 3123.66,

124

3123.67, 3123.68, 3123.69, 3123.70, 3123.71,

125

3123.72, 3123.73, 3123.74, 3123.741, 3123.75,

126

3123.76, 3123.77, 3123.78, 3123.82, 3123.821,

127

3123.822, 3123.823, 3123.87, 3123.91, 3123.92,

128

3123.921, 3123.93, 3123.931, 3123.932, 3123.95,

129

3123.951, 3123.952, 3123.953, 3123.954, 3123.955,

130

3123.956, 3123.957, 3123.958, 3123.959, 3123.9510,

131

3123.96, 3123.961, 3123.962, 3123.99, 3125.01,

132

3125.02, 3125.03, 3125.04, 3125.05, 3125.06,

133

3125.08, 3125.10, 3125.11, 3125.12, 3125.13,

134

3125.14, 3125.15, 3125.16, 3125.19, 3125.20,

135

3125.21, 3125.22, 3125.24, 3125.25, 3125.27,

136

3125.28, 3125.29, 3125.30, 3125.36, 3125.37,

137

3125.39, 3125.41, 3125.42, 3125.43, 3125.44,

138

3125.45, 3125.46, 3125.47, 3125.48, 3125.49,

139

3125.50, 3125.51, 3125.58, 3125.59, 3125.60,

140

3125.99, and 5747.123; and to repeal sections

141

2301.34, 2301.35, 2301.353, 2301.355, 2301.357,

142

2301.36, 2301.37, 2301.372, 2301.373, 2301.374,

143

2301.38, 2301.40, 2301.41, 2301.43, 2301.44,

144

2301.45, 2301.46, 3111.19, 3111.20, 3111.21,

145

3111.211, 3111.22, 3111.23, 3111.231, 3111.24,

146

3111.241, 3111.242, 3111.25, 3111.26, 3111.27,

147

3111.28, 3113.21, 3113.211, 3113.213, 3113.214,

148

3113.215, 3113.216, 3113.217, 3113.218, 5101.31,

149

5101.311, 5101.312, 5101.314, 5101.315, 5101.319,

150

5101.321, 5101.323, 5101.324, and 5101.325 of the

151

Revised Code to make changes to the laws governing

152

child support, to require that a child's parents'

153

wishes and concerns be considered when determining

154

whether to grant companionship or visitation to a

155

person other than the parent, to maintain the right

156

of the parents and relatives of a deceased parent

157

of a child to visitation or companionship after a

158

stepparent adoption, and to amend the version of

159

section 5703.21 of the Revised Code that is

160

scheduled to take effect January 1, 2002, to

161

continue the provisions of this act on and after

162

that effective date.

163

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 109.573, 145.27, 145.56, 148.09,	164
149.43, 169.03, 169.08, 329.04, 742.41, 742.47, 909.131, 917.24,	165
918.45, 919.21, 921.30, 926.102, 927.521, 943.19, 1321.05,	166
1321.84, 1322.101, 1347.08, 1349.01, 1533.82, 1541.42, 1547.544,	167
1561.52, 1565.25, 1905.201, 2151.23, 2151.231, 2151.232, 2151.33,	168
2151.36, 2151.49, 2301.03, 2301.356, 2301.358, 2301.371, 2301.375,	169
2301.39, 2301.99, 2317.02, 2329.66, 2705.02, 2705.031, 2716.01,	170
2919.22, 2919.231, 3103.03, 3103.031, 3105.18, 3105.21, 3105.63,	171
3105.65, 3107.01, 3107.06, 3107.064, 3107.15, 3109.04, 3109.05,	172
3109.051, 3109.052, 3109.11, 3109.12, 3109.19, 3109.21, 3109.27,	173
3109.28, 3111.01, 3111.02, 3111.03, 3111.04, 3111.06, 3111.07,	174
3111.08, 3111.09, 3111.10, 3111.11, 3111.111, 3111.12, 3111.13,	175
3111.15, 3111.16, 3111.17, 3111.221, 3111.29, 3111.30, 3111.31,	176
3111.34, 3111.35, 3111.36, 3111.37, 3111.38, 3111.99, 3113.04,	177
3113.07, 3113.16, 3113.212, 3113.219, 3113.2111, 3113.31, 3113.99,	178
3115.01, 3115.03, 3115.04, 3115.05, 3115.08, 3115.09, 3115.11,	179
3115.14, 3115.16, 3115.17, 3115.28, 3115.31, 3115.32, 3115.33,	180
3115.34, 3115.35, 3115.36, 3115.37, 3115.42, 3115.49, 3115.52,	181
3115.56, 3301.071, 3301.074, 3301.71, 3304.42, 3305.08, 3307.20,	182
3307.41, 3309.22, 3309.66, 3319.088, 3319.29, 3319.31, 3319.312,	183
3332.031, 3332.18, 3701.915, 3705.09, 3705.091, 3710.19, 3719.82,	184
3723.18, 3727.17, 3737.883, 3742.20, 3770.07, 3770.071, 3773.36,	185
3773.42, 3773.59, 3783.09, 3905.53, 3921.281, 3924.48, 3924.49,	186
3931.13, 3941.02, 3949.22, 3951.10, 3959.17, 4104.21, 4123.67,	187
4141.282, 4501.25, 4506.071, 4507.08, 4507.111, 4507.16, 4507.34,	188
4507.99, 4511.191, 4701.28, 4703.12, 4703.16, 4703.36, 4703.52,	189
4705.021, 4707.23, 4709.26, 4713.27, 4715.40, 4717.16, 4723.07,	190
4723.09, 4723.341, 4723.63, 4725.20, 4725.531, 4727.031, 4728.031,	191
4729.67, 4730.251, 4731.76, 4732.27, 4733.15, 4733.27, 4734.22,	192
4735.05, 4735.33, 4736.17, 4738.072, 4739.07, 4739.16, 4740.101,	193
4741.02, 4741.32, 4747.16, 4749.14, 4751.12, 4753.071, 4753.15,	194
4755.04, 4755.09, 4755.61, 4755.66, 4757.19, 4759.11, 4761.03,	195
4761.12, 4763.03, 4763.18, 4765.56, 5101.313, 5101.316, 5101.317,	196
5101.318, 5101.32, 5101.322, 5101.326, 5101.327, 5101.36, 5101.37,	197
5101.99, 5104.011, 5104.44, 5107.20, 5107.22, 5107.80, 5123.083,	198
5126.251, 5153.16, 5505.04, 5505.22, 5703.21, 5747.121, and	199
5747.18 be amended; sections 2301.354 (3125.17), 2301.356	200
(3111.61), 2301.358 (3111.53), 2301.371 (3121.07), 2301.375	201
(3123.62), 2301.39 (3123.16), 3111.221 (3111.58), 3111.29	202
(3111.19), 3111.30 (3111.88), 3111.31 (3111.89), 3111.32	203
(3111.90), 3111.33 (3111.91), 3111.34 (3111.92), 3111.35	204
(3111.93), 3111.36 (3111.94), 3111.37 (3111.95), 3111.38	205
(3111.96), 3113.16 (3121.08), 3113.212 (3121.14), 3113.219	206
(3123.17), 3113.2110 (3123.18), 3113.2111 (3119.962), 3701.915	207
(3748.121), 3921.281 (3921.331), 5101.313 (3111.69), 5101.316	208
(3121.92), 5101.317 (3125.38), 5101.318 (3121.91), 5101.32	209
(3123.81), 5101.322 (3125.07), 5101.326 (3123.85), and 5101.327	210
(3123.88) be amended for the purpose of adopting new section	211
numbers as indicated in parentheses; and new sections 3111.20,	212
3111.21, 3111.22, 3111.23, 3111.24, 3111.25, 3111.26, 3111.27,	213
3111.28, 3111.29, 3111.30, 3111.31, 3111.32, 3111.33, 3111.34,	214
3111.35, and 3111.38, and sections 3111.381, 3111.39, 3111.40,	215
3111.41, 3111.42, 3111.421, 3111.43, 3111.44, 3111.45, 3111.46,	216
3111.47, 3111.48, 3111.49, 3111.50, 3111.51, 3111.52, 3111.54,	217
3111.611, 3111.64, 3111.65, 3111.66, 3111.67, 3111.71, 3111.72,	218
3111.73, 3111.74, 3111.77, 3111.78, 3111.80, 3111.81, 3111.82,	219
3111.821, 3111.83, 3111.831, 3111.832, 3111.84, 3111.85, 3119.01,	220
3119.02, 3119.021, 3119.022, 3119.023, 3119.024, 3119.03, 3119.04,	221
3119.05, 3119.06, 3119.07, 3119.08, 3119.09, 3119.22, 3119.23,	222
3119.24, 3119.27, 3119.28, 3119.30, 3119.301, 3119.31, 3119.33,	223
3119.34, 3119.35, 3119.37, 3119.38, 3119.40, 3119.41, 3119.43,	224
3119.44, 3119.45, 3119.46, 3119.47, 3119.48, 3119.49, 3119.491,	225
3119.50, 3119.51, 3119.52, 3119.53, 3119.54, 3119.56, 3119.57,	226
3119.58, 3119.60, 3119.61, 3119.63, 3119.64, 3119.65, 3119.66,	227
3119.67, 3119.68, 3119.69, 3119.70, 3119.71, 3119.72, 3119.73,	228
3119.74, 3119.75, 3119.76, 3119.79, 3119.80, 3119.81, 3119.82,	229
3119.83, 3119.84, 3119.86, 3119.87, 3119.88, 3119.89, 3119.90,	230
3119.91, 3119.92, 3119.93, 3119.94, 3119.96, 3119.961, 3119.963,	231
3119.964, 3119.965, 3119.966, 3119.967, 3121.01, 3121.02, 3121.03,	232
3121.031, 3121.032, 3121.033, 3121.034, 3121.035, 3121.036,	233
3121.037, 3121.038, 3121.039, 3121.0310, 3121.04, 3121.05,	234
3121.06, 3121.09, 3121.091, 3121.11, 3121.12, 3121.15, 3121.16,	235
3121.18, 3121.19, 3121.20, 3121.21, 3121.23, 3121.24, 3121.25,	236
3121.27, 3121.28, 3121.29, 3121.30, 3121.33, 3121.34, 3121.35,	237
3121.36, 3121.37, 3121.371, 3121.372, 3121.38, 3121.381, 3121.39,	238
3121.43, 3121.44, 3121.45, 3121.46, 3121.47, 3121.48, 3121.49,	239
3121.50, 3121.51, 3121.52, 3121.53, 3121.54, 3121.56, 3121.57,	240
3121.58, 3121.59, 3121.60, 3121.63, 3121.64, 3121.65, 3121.67,	241
3121.69, 3121.71, 3121.74, 3121.75, 3121.76, 3121.77, 3121.78,	242
3121.81, 3121.82, 3121.83, 3121.84, 3121.85, 3121.86, 3121.89,	243
3121.891, 3121.892, 3121.893, 3121.894, 3121.895, 3121.896,	244
3121.897, 3121.898, 3121.899, 3121.8910, 3121.8911, 3121.99,	245
3123.01, 3123.02, 3123.03, 3123.031, 3123.04, 3123.05, 3123.06,	246
3123.061, 3123.062, 3123.07, 3123.071, 3123.10, 3123.11, 3123.12,	247
3123.121, 3123.13, 3123.14, 3123.15, 3123.19, 3123.20, 3123.21,	248
3123.22, 3123.24, 3123.25, 3123.26, 3123.27, 3123.28, 3123.29,	249
3123.30, 3123.31, 3123.32, 3123.33, 3123.34, 3123.35, 3123.36,	250
3123.37, 3123.38, 3123.41, 3123.42, 3123.43, 3123.44, 3123.45,	251
3123.46, 3123.47, 3123.471, 3123.48, 3123.49, 3123.50, 3123.52,	252
3123.53, 3123.54, 3123.55, 3123.56, 3123.57, 3123.58, 3123.581,	253
3123.59, 3123.60, 3123.61, 3123.611, 3123.612, 3123.613, 3123.614,	254
3123.63, 3123.66, 3123.67, 3123.68, 3123.69, 3123.70, 3123.71,	255
3123.72, 3123.73, 3123.74, 3123.741, 3123.75, 3123.76, 3123.77,	256
3123.78, 3123.82, 3123.821, 3123.822, 3123.823, 3123.87, 3123.91,	257
3123.92, 3123.921, 3123.93, 3123.931, 3123.932, 3123.95, 3123.951,	258
3123.952, 3123.953, 3123.954, 3123.955, 3123.956, 3123.957,	259
3123.958, 3123.959, 3123.9510, 3123.96, 3123.961, 3123.962,	260
3123.99, 3125.01, 3125.02, 3125.03, 3125.04, 3125.05, 3125.06,	261
3125.08, 3125.10, 3125.11, 3125.12, 3125.13, 3125.14, 3125.15,	262
3125.16, 3125.19, 3125.20, 3125.21, 3125.22, 3125.24, 3125.25,	263
3125.27, 3125.28, 3125.29, 3125.30, 3125.36, 3125.37, 3125.39,	264
3125.41, 3125.42, 3125.43, 3125.44, 3125.45, 3125.46, 3125.47,	265
3125.48, 3125.49, 3125.50, 3125.51, 3125.58, 3125.59, 3125.60,	266
3125.99, and 5147.123 of the Revised Code be enacted to read as	267
follows:	268

Sec. 109.573. (A) As used in this section:

269

(1) "DNA" means human deoxyribonucleic acid.

270

(2) "DNA analysis" means a laboratory analysis of a DNA	271
specimen to identify DNA characteristics and to create a DNA	272
record.	273

(3) "DNA database" means a collection of DNA records from	274
forensic casework or from crime scenes, specimens from anonymous	275
and unidentified sources, and records collected pursuant to	276
sections 2151.315 and 2901.07 of the Revised Code and a population	277
statistics database for determining the frequency of occurrence of	278
characteristics in DNA records.	279

(4) "DNA record" means the objective result of a DNA	280
analysis of a DNA specimen, including representations of DNA	281
fragment lengths, digital images of autoradiographs, discrete	282
allele assignment numbers, and other DNA specimen characteristics	283
that aid in establishing the identity of an individual.	284

(5) "DNA specimen" includes human blood cells or	285
physiological tissues or body fluids.	286

(6) "Unidentified person database" means a collection of DNA	287
records, and, on and after ~~the effective date of this amendment~~	288
May21, 1998, of fingerprint and photograph records, of	289
unidentified human corpses, human remains, or living individuals.	290

(7) "Relatives of missing persons database" means a	291
collection of DNA records of persons related by consanguinity of	292
the first degree to a missing person.	293

(8) "Law enforcement agency" means a police department, the	294
office of a sheriff, the state highway patrol, a county	295
prosecuting attorney, or a federal, state, or local governmental	296
body that enforces criminal laws and that has employees who have a	297
statutory power of arrest.	298

(B)(1) The superintendent of the bureau of criminal	299
identification and investigation may do all of the following:	300

(a) Establish and maintain a state DNA laboratory to perform	301
DNA analysis of DNA specimens;	302

(b) Establish and maintain a DNA database;

303

(c) Establish and maintain an unidentified person database	304
to aid in the establishment of the identity of unknown human	305
corpses, human remains, or living individuals;	306

(d) Establish and maintain a relatives of missing persons	307
database for comparison with the unidentified person database to	308
aid in the establishment of the identity of unknown human corpses,	309
human remains, and living individuals.	310

(2) If the bureau of criminal identification and	311
investigation establishes and maintains a DNA laboratory and a DNA	312
database, the bureau may use or disclose information regarding DNA	313
records for the following purposes:	314

(a) The bureau may disclose information to a law enforcement	315
agency for purposes of identification.	316

(b) The bureau shall disclose pursuant to a court order	317
issued under section 3111.09 of the Revised Code any information	318
necessary to determine the existence of a parent and child	319
relationship in an action brought under sections 3111.01 to	320
~~3111.19~~3111.18 of the Revised Code.	321

(c) The bureau may use or disclose information from the	322
population statistics database, for identification research and	323
protocol development, or for quality control purposes.	324

(3) If the bureau of criminal identification and	325
investigation establishes and maintains a relatives of missing	326
persons database, all of the following apply:	327

(a) If a person has disappeared and has been continuously	328
absent from the person's place of last domicile for a thirty-day	329
or longer period of time without being heard from during the	330
period, persons related by consanguinity of the first degree to	331
the missing person may submit to the bureau a DNA specimen, the	332
bureau may include the DNA record of the specimen in the relatives	333
of missing persons database, and, if the bureau does not include	334
the DNA record of the specimen in the relatives of missing persons	335
database, the bureau shall retain the DNA record for future	336
reference and inclusion as appropriate in that database.	337

(b) The bureau shall not charge a fee for the submission of	338
a DNA specimen pursuant to division (B)(3)(a) of this section.	339

(c) A physician, registered nurse, licensed practical nurse,	340
duly licensed clinical laboratory technician, or other qualified	341
medical practitioner shall conduct the collection procedure for	342
the DNA specimen submitted pursuant to division (B)(3)(a) of this	343
section and shall collect the DNA specimen in a medically approved	344
manner. No later than fifteen days after the date of the	345
collection of the DNA specimen, the person conducting the DNA	346
specimen collection procedure shall cause the DNA specimen to be	347
forwarded to the bureau of criminal identification and	348
investigation in accordance with procedures established by the	349
superintendent of the bureau under division (H) of this section.	350
The bureau may provide the specimen vials, mailing tubes, labels,	351
postage, and instruction needed for the collection and forwarding	352
of the DNA specimen to the bureau.	353

(d) The superintendent, in the superintendent's discretion,	354
may compare DNA records in the relatives of missing persons	355
database with the DNA records in the unidentified person database.	356

(4) If the bureau of criminal identification and	357
investigation establishes and maintains an unidentified person	358
database and if the superintendent of the bureau identifies a	359
matching DNA record for the DNA record of a person or deceased	360
person whose DNA record is contained in the unidentified person	361
database, the superintendent shall inform the coroner who	362
submitted or the law enforcement agency that submitted the DNA	363
specimen to the bureau of the match and, if possible, of the	364
identity of the unidentified person.	365

(5) The bureau of criminal identification and investigation	366
may enter into a contract with a qualified public or private	367
laboratory to perform DNA analyses, DNA specimen maintenance,	368
preservation, and storage, DNA record keeping, and other duties	369
required of the bureau under this section. A public or private	370
laboratory under contract with the bureau shall follow quality	371
assurance and privacy requirements established by the	372
superintendent of the bureau.	373

(C) The superintendent of the bureau of criminal	374
identification and investigation shall establish procedures for	375
entering into the DNA database the DNA records submitted pursuant	376
to sections 2151.315 and 2901.07 of the Revised Code and for	377
determining an order of priority for entry of the DNA records	378
based on the types of offenses committed by the persons whose	379
records are submitted and the available resources of the bureau.	380

(D) When a DNA record is derived from a DNA specimen	381
provided pursuant to section 2151.315 or 2901.07 of the Revised	382
Code, the bureau of criminal identification and investigation	383
shall attach to the DNA record personal identification information	384
that identifies the person from whom the DNA specimen was taken.	385
The personal identification information may include the subject	386
person's fingerprints and any other information the bureau	387
determines necessary. The DNA record and personal identification	388
information attached to it shall be used only for the purpose of	389
personal identification or for a purpose specified in this	390
section.	391

(E) DNA records, DNA specimens, fingerprints, and	392
photographs that the bureau of criminal identification and	393
investigation receives pursuant to this section and sections	394
313.08, 2151.315, and 2901.07 of the Revised Code and personal	395
identification information attached to a DNA record are not public	396
records under section 149.43 of the Revised Code.	397

(F) The bureau of criminal identification and investigation	398
may charge a reasonable fee for providing information pursuant to	399
this section to any law enforcement agency located in another	400
state.	401

(G)(1) No person who because of the person's employment or	402
official position has access to a DNA specimen, a DNA record, or	403
other information contained in the DNA database that identifies an	404
individual shall knowingly disclose that specimen, record, or	405
information to any person or agency not entitled to receive it or	406
otherwise shall misuse that specimen, record, or information.	407

(2) No person without authorization or privilege to obtain	408
information contained in the DNA database that identifies an	409
individual person shall purposely obtain that information.	410

(H) The superintendent of the bureau of criminal	411
identification and investigation shall establish procedures for	412
all of the following:	413

(1) The forwarding to the bureau of DNA specimens collected	414
pursuant to division (H) of this section and sections 313.08.,	415
2151.315, and 2901.07 of the Revised Code and of fingerprints and	416
photographs collected pursuant to section 313.08 of the Revised	417
Code;	418

(2) The collection, maintenance, preservation, and analysis	419
of DNA specimens;	420

(3) The creation, maintenance, and operation of the DNA	421
database;	422

(4) The use and dissemination of information from the DNA	423
database;	424

(5) The creation, maintenance, and operation of the	425
unidentified person database;	426

(6) The use and dissemination of information from the	427
unidentified person database;	428

(7) The creation, maintenance, and operation of the	429
relatives of missing persons database;	430

(8) The use and dissemination of information from the	431
relatives of missing persons database;	432

(9) The verification of entities requesting DNA records and	433
other DNA information from the bureau and the authority of the	434
entity to receive the information;	435

(10) The operation of the bureau and responsibilities of	436
employees of the bureau with respect to the activities described	437
in this section.	438

Sec. 145.27. (A)(1) As used in this division, "personal	439
history record" means information maintained by the public	440
employees retirement board on a member, former member,	441
contributor, former contributor, retirant, or beneficiary that	442
includes the address, telephone number, social security number,	443
record of contributions, correspondence with the public employees	444
retirement system, or other information the board determines to be	445
confidential.	446

(2) The records of the board shall be open to public	447
inspection, except for the following, which shall be excluded,	448
except with the written authorization of the individual concerned:	449

(a) The individual's statement of previous service and other	450
information as provided for in section 145.16 of the Revised Code;	451

(b) The amount of a monthly allowance or benefit paid to the	452
individual;	453

454

(B) All medical reports and recommendations required by this	455
chapter are privileged, except that copies of such medical reports	456
or recommendations shall be made available to the personal	457
physician, attorney, or authorized agent of the individual	458
concerned upon written release from the individual or the	459
individual's agent, or when necessary for the proper	460
administration of the fund, to the board assigned physician.	461

(C) Any person who is a member or contributor of the system	462
shall be furnished with a statement of the amount to the credit of	463
the individual's account upon written request. The board is not	464
required to answer more than one such request of a person in any	465
one year. The board may issue annual statements of accounts to	466
members and contributors.	467

(D) Notwithstanding the exceptions to public inspection in	468
division (A)(2) of this section, the board may furnish the	469
following information:	470

(1) If a member, former member, contributor, former	471
contributor, or retirant is subject to an order issued under	472
section 2907.15 of the Revised Code or is convicted of or pleads	473
guilty to a violation of section 2921.41 of the Revised Code, on	474
written request of a prosecutor as defined in section 2935.01 of	475
the Revised Code, the board shall furnish to the prosecutor the	476
information requested from the individual's personal history	477
record.	478

(2) Pursuant to a court or administrative order issued ~~under~~	479
~~section 3111.23~~pursuant to Chapter3119.,3121.,3123., or	480
~~3113.21~~3125. of the Revised Code, the board shall furnish to a	481
court or child support enforcement agency the information required	482
under that section.	483

(3) At the written request of any person, the board shall	484
provide to the person a list of the names and addresses of	485
members, former members, contributors, former contributors,	486
retirants, or beneficiaries. The costs of compiling, copying, and	487
mailing the list shall be paid by such person.	488

(4) Within fourteen days after receiving from the director	489
of job and family services a list of the names and social security	490
numbers of recipients of public assistance pursuant to section	491
5101.181 of the Revised Code, the board shall inform the auditor	492
of state of the name, current or most recent employer address, and	493
social security number of each member whose name and social	494
security number are the same as that of a person whose name or	495
social security number was submitted by the director. The board	496
and its employees shall, except for purposes of furnishing the	497
auditor of state with information required by this section,	498
preserve the confidentiality of recipients of public assistance in	499
compliance with division (A) of section 5101.181 of the Revised	500
Code.	501

(E) A statement that contains information obtained from the	502
system's records that is signed by the executive director of the	503
retirement system and to which the system's official seal is	504
affixed, or copies of the system's records to which the signature	505
and seal are attached, shall be received as true copies of the	506
system's records in any court or before any officer of this state.	507

Sec. 145.56. The right of a person to a pension, an annuity,	508
or a retirement allowance itself, any optional benefit, any other	509
right accrued or accruing to any person, under this chapter, or of	510
any municipal retirement system established subject to this	511
chapter, under the laws of this state or any charter, the various	512
funds created by this chapter, or under such municipal retirement	513
system, and all moneys and investments and income thereof, are	514
exempt from any state tax, except the tax imposed by section	515
5747.02 of the Revised Code and are exempt from any county,	516
municipal, or other local tax, except taxes imposed pursuant to	517
section 5748.02 or 5748.08 of the Revised Code and, except as	518
provided in ~~sections~~section 145.57~~, 3111.23,~~ and ~~3113.21~~Chapters	519
3119., 3121., 3123., and3125. of the Revised Code, shall not be	520
subject to execution, garnishment, attachment, the operation of	521
bankruptcy or the insolvency laws, or other process of law, and	522
shall be unassignable except as specifically provided in this	523
chapter and ~~sections 3111.23 and 3113.21~~Chapters 3119., 3121.,	524
3123., and 3125. of the Revised Code.	525

Sec. 148.09. Except as provided in sections 3105.171,and	526
3105.63, and ~~3113.21~~Chapters 3119., 3121., 3123., and3125. of	527
the Revised Code and this chapter, a participant account or any	528
benefit or other right accrued or accruing to any person under	529
this chapter or under a deferred compensation program offered by a	530
government unit, as defined in section 148.06 of the Revised Code,	531
or by a municipal corporation shall not be subject to execution,	532
garnishment, attachment, sale to satisfy a judgment or order, the	533
operation of bankruptcy or insolvency laws, or other process of	534
law and shall be unassignable.	535

Sec. 149.43. (A) As used in this section:

536

(1) "Public record" means any record that is kept by any	537
public office, including, but not limited to, state, county, city,	538
village, township, and school district units, except that "public	539
record" does not mean any of the following:	540

(a) Medical records;

541

(b) Records pertaining to probation and parole proceedings;

542

(c) Records pertaining to actions under section 2151.85 and	543
division (C) of section 2919.121 of the Revised Code and to	544
appeals of actions arising under those sections;	545

(d) Records pertaining to adoption proceedings, including	546
the contents of an adoption file maintained by the department of	547
health under section 3705.12 of the Revised Code;	548

(e) Information in a record contained in the putative father	549
registry established by section 3107.062 of the Revised Code,	550
regardless of whether the information is held by the department of	551
job and family services or, pursuant to section ~~5101.313~~3111.69	552
of the Revised Code, the ~~division~~office of child support in the	553
department or a child support enforcement agency;	554

(f) Records listed in division (A) of section 3107.42 of the	555
Revised Code or specified in division (A) of section 3107.52 of	556
the Revised Code;	557

(g) Trial preparation records;

558

(h) Confidential law enforcement investigatory records;

559

(i) Records containing information that is confidential	560
under section 2317.023 or 4112.05 of the Revised Code;	561

(j) DNA records stored in the DNA database pursuant to	562
section 109.573 of the Revised Code;	563

(k) Inmate records released by the department of	564
rehabilitation and correction to the department of youth services	565
or a court of record pursuant to division (E) of section 5120.21	566
of the Revised Code;	567

(l) Records maintained by the department of youth services	568
pertaining to children in its custody released by the department	569
of youth services to the department of rehabilitation and	570
correction pursuant to section 5139.05 of the Revised Code;	571

(m) Intellectual property records;

572

(n) Donor profile records;

573

(o) Records maintained by the department of job and family	574
services pursuant to section ~~5101.312~~3121.894 of the Revised	575
Code;	576

(p) Peace officer residential and familial information;

577

(q) In the case of a county hospital operated pursuant to	578
Chapter 339. of the Revised Code, information that constitutes a	579
trade secret, as defined in section 1333.61 of the Revised Code;	580

(r) Information pertaining to the recreational activities of	581
a person under the age of eighteen;	582

(s) Records provided to, statements made by review board	583
members during meetings of, and all work products of a child	584
fatality review board acting under sections 307.621 to 307.629 of	585
the Revised Code, other than the report prepared pursuant to	586
section 307.626 of the Revised Code;	587

~~(s)~~(t) Records provided to and statements made by the	588
executive director of a public children services agency or a	589
prosecuting attorney acting pursuant to section 5153.171 of the	590
Revised Code other than the information released under that	591
section;	592

~~(t)~~(u) Test materials, examinations, or evaluation tools	593
used in an examination for licensure as a nursing home	594
administrator that the board of examiners of nursing home	595
administrators administers under section 4751.04 of the Revised	596
Code or contracts under that section with a private or government	597
entity to administer;	598

~~(s)~~(v) Records the release of which is prohibited by state	599
or federal law.	600

(2) "Confidential law enforcement investigatory record"	601
means any record that pertains to a law enforcement matter of a	602
criminal, quasi-criminal, civil, or administrative nature, but	603
only to the extent that the release of the record would create a	604
high probability of disclosure of any of the following:	605

(a) The identity of a suspect who has not been charged with	606
the offense to which the record pertains, or of an information	607
source or witness to whom confidentiality has been reasonably	608
promised;	609

(b) Information provided by an information source or witness	610
to whom confidentiality has been reasonably promised, which	611
information would reasonably tend to disclose the source's or	612
witness's identity;	613

(c) Specific confidential investigatory techniques or	614
procedures or specific investigatory work product;	615

(d) Information that would endanger the life or physical	616
safety of law enforcement personnel, a crime victim, a witness, or	617
a confidential information source.	618

(3) "Medical record" means any document or combination of	619
documents, except births, deaths, and the fact of admission to or	620
discharge from a hospital, that pertains to the medical history,	621
diagnosis, prognosis, or medical condition of a patient and that	622
is generated and maintained in the process of medical treatment.	623

(4) "Trial preparation record" means any record that	624
contains information that is specifically compiled in reasonable	625
anticipation of, or in defense of, a civil or criminal action or	626
proceeding, including the independent thought processes and	627
personal trial preparation of an attorney.	628

(5) "Intellectual property record" means a record, other	629
than a financial or administrative record, that is produced or	630
collected by or for faculty or staff of a state institution of	631
higher learning in the conduct of or as a result of study or	632
research on an educational, commercial, scientific, artistic,	633
technical, or scholarly issue, regardless of whether the study or	634
research was sponsored by the institution alone or in conjunction	635
with a governmental body or private concern, and that has not been	636
publicly released, published, or patented.	637

(6) "Donor profile record" means all records about donors or	638
potential donors to a public institution of higher education	639
except the names and reported addresses of the actual donors and	640
the date, amount, and conditions of the actual donation.	641

(7) "Peace officer residential and familial information"	642
means either of the following:	643

(a) Any information maintained in a personnel record of a	644
peace officer that discloses any of the following:	645

(i) The address of the actual personal residence of a peace	646
officer, except for the state or political subdivision in which	647
the peace officer resides;	648

(ii) Information compiled from referral to or participation	649
in an employee assistance program;	650

(iii) The social security number, the residential telephone	651
number, any bank account, debit card, charge card, or credit card	652
number, or the emergency telephone number of, or any medical	653
information pertaining to, a peace officer;	654

(iv) The name of any beneficiary of employment benefits,	655
including, but not limited to, life insurance benefits, provided	656
to a peace officer by the peace officer's employer;	657

(v) The identity and amount of any charitable or employment	658
benefit deduction made by the peace officer's employer from the	659
peace officer's compensation unless the amount of the deduction is	660
required by state or federal law;	661

(vi) The name, the residential address, the name of the	662
employer, the address of the employer, the social security number,	663
the residential telephone number, any bank account, debit card,	664
charge card, or credit card number, or the emergency telephone	665
number of the spouse, a former spouse, or any child of a peace	666
officer.	667

(b) Any record that identifies a person's occupation as a	668
peace officer other than statements required to include the	669
disclosure of that fact under the campaign finance law.	670

As used in divisions (A)(7) and (B)(5) of this section,	671
"peace officer" has the same meaning as in section 109.71 of the	672
Revised Code and also includes the superintendent and troopers of	673
the state highway patrol; it does not include the sheriff of a	674
county or a supervisory employee who, in the absence of the	675
sheriff, is authorized to stand in for, exercise the authority of,	676
and perform the duties of the sheriff.	677

(8) "Information pertaining to the recreational activities	678
of a person under the age of eighteen" means information that is	679
kept in the ordinary course of business by a public office, that	680
pertains to the recreational activities of a person under the age	681
of eighteen years, and that discloses any of the following:	682

(a) The address or telephone number of a person under the	683
age of eighteen or the address or telephone number of that	684
person's parent, guardian, custodian, or emergency contact person;	685

(b) The social security number, birth date, or photographic	686
image of a person under the age of eighteen;	687

(c) Any medical record, history, or information pertaining	688
to a person under the age of eighteen;	689

(d) Any additional information sought or required about a	690
person under the age of eighteen for the purpose of allowing that	691
person to participate in any recreational activity conducted or	692
sponsored by a public office or to use or obtain admission	693
privileges to any recreational facility owned or operated by a	694
public office.	695

(B)(1) Subject to division (B)(4) of this section, all	696
public records shall be promptly prepared and made available for	697
inspection to any person at all reasonable times during regular	698
business hours. Subject to division (B)(4) of this section, upon	699
request, a public office or person responsible for public records	700
shall make copies available at cost, within a reasonable period of	701
time. In order to facilitate broader access to public records,	702
public offices shall maintain public records in a manner that they	703
can be made available for inspection in accordance with this	704
division.	705

(2) If any person chooses to obtain a copy of a public	706
record in accordance with division (B)(1) of this section, the	707
public office or person responsible for the public record shall	708
permit that person to choose to have the public record duplicated	709
upon paper, upon the same medium upon which the public office or	710
person responsible for the public record keeps it, or upon any	711
other medium upon which the public office or person responsible	712
for the public record determines that it reasonably can be	713
duplicated as an integral part of the normal operations of the	714
public office or person responsible for the public record. When	715
the person seeking the copy makes a choice under this division,	716
the public office or person responsible for the public record	717
shall provide a copy of it in accordance with the choice made by	718
the person seeking the copy.	719

(3) Upon a request made in accordance with division (B)(1)	720
of this section, a public office or person responsible for public	721
records shall transmit a copy of a public record to any person by	722
United States mail within a reasonable period of time after	723
receiving the request for the copy. The public office or person	724
responsible for the public record may require the person making	725
the request to pay in advance the cost of postage and other	726
supplies used in the mailing.	727

Any public office may adopt a policy and procedures that it	728
will follow in transmitting, within a reasonable period of time	729
after receiving a request, copies of public records by United	730
States mail pursuant to this division. A public office that	731
adopts a policy and procedures under this division shall comply	732
with them in performing its duties under this division.	733

In any policy and procedures adopted under this division, a	734
public office may limit the number of records requested by a	735
person that the office will transmit by United States mail to ten	736
per month, unless the person certifies to the office in writing	737
that the person does not intend to use or forward the requested	738
records, or the information contained in them, for commercial	739
purposes. For purposes of this division, "commercial" shall be	740
narrowly construed and does not include reporting or gathering	741
news, reporting or gathering information to assist citizen	742
oversight or understanding of the operation or activities of	743
government, or nonprofit educational research.	744

(4) A public office or person responsible for public records	745
is not required to permit a person who is incarcerated pursuant to	746
a criminal conviction or a juvenile adjudication to inspect or to	747
obtain a copy of any public record concerning a criminal	748
investigation or prosecution or concerning what would be a	749
criminal investigation or prosecution if the subject of the	750
investigation or prosecution were an adult, unless the request to	751
inspect or to obtain a copy of the record is for the purpose of	752
acquiring information that is subject to release as a public	753
record under this section and the judge who imposed the sentence	754
or made the adjudication with respect to the person, or the	755
judge's successor in office, finds that the information sought in	756
the public record is necessary to support what appears to be a	757
justiciable claim of the person.	758

(5) Upon written request made and signed by a journalist on	759
or after December 16, 1999, a public office, or person responsible	760
for public records, having custody of the records of the agency	761
employing a specified peace officer shall disclose to the	762
journalist the address of the actual personal residence of the	763
peace officer and, if the peace officer's spouse, former spouse,	764
or child is employed by a public office, the name and address of	765
the employer of the peace officer's spouse, former spouse, or	766
child. The request shall include the journalist's name and title	767
and the name and address of the journalist's employer and shall	768
state that disclosure of the information sought would be in the	769
public interest.	770

As used in division (B)(5) of this section, "journalist"	771
means a person engaged in, connected with, or employed by any news	772
medium, including a newspaper, magazine, press association, news	773
agency, or wire service, a radio or television station, or a	774
similar medium, for the purpose of gathering, processing,	775
transmitting, compiling, editing, or disseminating information for	776
the general public.	777

(C) If a person allegedly is aggrieved by the failure of a	778
public office to promptly prepare a public record and to make it	779
available to the person for inspection in accordance with division	780
(B) of this section, or if a person who has requested a copy of a	781
public record allegedly is aggrieved by the failure of a public	782
office or the person responsible for the public record to make a	783
copy available to the person allegedly aggrieved in accordance	784
with division (B) of this section, the person allegedly aggrieved	785
may commence a mandamus action to obtain a judgment that orders	786
the public office or the person responsible for the public record	787
to comply with division (B) of this section and that awards	788
reasonable attorney's fees to the person that instituted the	789
mandamus action. The mandamus action may be commenced in the	790
court of common pleas of the county in which division (B) of this	791
section allegedly was not complied with, in the supreme court	792
pursuant to its original jurisdiction under Section 2 of Article	793
IV, Ohio Constitution, or in the court of appeals for the	794
appellate district in which division (B) of this section allegedly	795
was not complied with pursuant to its original jurisdiction under	796
Section 3 of Article IV, Ohio Constitution.	797

(D) Chapter 1347. of the Revised Code does not limit the	798
provisions of this section.	799

(E)(1) The bureau of motor vehicles may adopt rules pursuant	800
to Chapter 119. of the Revised Code to reasonably limit the number	801
of bulk commercial special extraction requests made by a person	802
for the same records or for updated records during a calendar	803
year. The rules may include provisions for charges to be made for	804
bulk commercial special extraction requests for the actual cost of	805
the bureau, plus special extraction costs, plus ten per cent. The	806
bureau may charge for expenses for redacting information, the	807
release of which is prohibited by law.	808

(2) As used in divisions (B)(3) and (E)(1) of this section:

809

(a) "Actual cost" means the cost of depleted supplies,	810
records storage media costs, actual mailing and alternative	811
delivery costs, or other transmitting costs, and any direct	812
equipment operating and maintenance costs, including actual costs	813
paid to private contractors for copying services.	814

(b) "Bulk commercial special extraction request" means a	815
request for copies of a record for information in a format other	816
than the format already available, or information that cannot be	817
extracted without examination of all items in a records series,	818
class of records, or data base by a person who intends to use or	819
forward the copies for surveys, marketing, solicitation, or resale	820
for commercial purposes. "Bulk commercial special extraction	821
request" does not include a request by a person who gives	822
assurance to the bureau that the person making the request does	823
not intend to use or forward the requested copies for surveys,	824
marketing, solicitation, or resale for commercial purposes.	825

(c) "Commercial" means profit-seeking production, buying, or	826
selling of any good, service, or other product.	827

(d) "Special extraction costs" means the cost of the time	828
spent by the lowest paid employee competent to perform the task,	829
the actual amount paid to outside private contractors employed by	830
the bureau, or the actual cost incurred to create computer	831
programs to make the special extraction. "Special extraction	832
costs" include any charges paid to a public agency for computer or	833
records services.	834

(3) For purposes of divisions (E)(1) and (2) of this	835
section, "commercial surveys, marketing, solicitation, or resale"	836
shall be narrowly construed and does not include reporting or	837
gathering news, reporting or gathering information to assist	838
citizen oversight or understanding of the operation or activities	839
of government, or nonprofit educational research.	840

Sec. 169.03. (A)(1) Every holder of unclaimed funds and,	841
when requested, every person which could be the holder of	842
unclaimed funds, under this chapter shall report to the director	843
of commerce with respect to the unclaimed funds as provided in	844
this section. The report shall be verified.	845

(2) With respect to items of unclaimed funds each having a	846
value of fifty dollars or more, the report required under division	847
(A)(1) of this section shall include:	848

(a) The full name, if known, and last known address, if any,	849
of each person appearing from the records of the holder to be the	850
owner of unclaimed funds under this chapter;	851

(b) In the case of unclaimed funds reported by holders	852
providing life insurance coverage, the full name of the insured or	853
annuitant and beneficiary, if any, and their last known addresses	854
according to such holder's records;	855

(c) The nature and identifying number, if any, or	856
description of the funds and the amount appearing from the records	857
to be due;	858

(d) The date when the funds became payable, demandable, or	859
returnable and the date of the last transaction with the owner	860
with respect to the funds;	861

(e) Subject to division (I) of this section, the social	862
security number of the owner of the unclaimed funds, if it is	863
available;	864

(f) Other information which the director prescribes as	865
necessary for the administration of this chapter.	866

(3) With respect to items of unclaimed funds each having a	867
value of less than fifty dollars, the report required under	868
division (A)(1) of this section shall include:	869

(a) Each category of items of unclaimed funds as described	870
in section 169.02 of the Revised Code;	871

(b) The number of items of unclaimed funds within each	872
category;	873

(c) The aggregated value of the items of unclaimed funds	874
within each category.	875

(B) If the holder of unclaimed funds is a successor to other	876
organizations that previously held the funds for the owner, or if	877
the holder has changed its name while holding the funds, it shall	878
file with the report all prior known names and addresses and date	879
and state of incorporation or formation of each holder of the	880
funds.	881

(C) The report shall be filed before the first day of	882
November of each year as of the preceding thirtieth day of June,	883
but the report of holders providing life insurance coverage shall	884
be filed before the first day of May of each year as of the	885
preceding thirty-first day of December. The director may	886
postpone, for good cause shown, the reporting date upon written	887
request by any holder required to file a report.	888

(D) The holder of unclaimed funds under this chapter shall	889
send notice to each owner of each item of unclaimed funds having a	890
value of fifty dollars or more at the last known address of the	891
owner as shown by the records of the holder before filing the	892
annual report. In case of holders providing life insurance	893
coverage, such notice shall also be mailed to each beneficiary at	894
the last known address of such beneficiary as shown by the records	895
of such holder, except that such notice to beneficiaries shall not	896
be mailed if such address is the same as that of the insured and	897
the surname of the beneficiary is the same as that of the insured.	898
The holder shall not report an item of unclaimed funds earlier	899
than the thirtieth day after the mailing of notice required by	900
this division.	901

Such notice shall set forth the nature and identifying	902
number, if any, or description of the funds and the amount	903
appearing on the records of the holder to be due the owner, and	904
shall inform the owner that the funds will, thirty days after the	905
mailing of such notice, be reported as unclaimed funds under this	906
chapter. A self-addressed, stamped envelope shall be included	907
with the notice, with instructions that the owner may use such	908
envelope to inform the holder of the owner's continued interest in	909
the funds and, if so informed before the date for making the	910
report to the director, the holder shall not report said funds to	911
the director. The notice shall be mailed by first class mail. If	912
there is no address of record for the owner or other person	913
entitled to the unclaimed funds, the holder is relieved of any	914
responsibility of sending notice, attempting to notify, or	915
notifying the owner. The mailing of notice pursuant to this	916
section shall discharge the holder from any further responsibility	917
to give notice.	918

(E) Verification of the report and of the mailing of notice,	919
where required, shall be executed by an officer of the reporting	920
holder.	921

(F)(1) The director may at reasonable times and upon	922
reasonable notice examine or cause to be examined, by auditors of	923
supervisory departments or divisions of the state, the records of	924
any holder to determine compliance with this chapter.	925

(2) Holders shall retain records, designated by the director	926
as applicable to unclaimed funds, for five years beyond the	927
relevant time period provided in section 169.02 of the Revised	928
Code, or until completion of an audit conducted pursuant to	929
division (F) of this section, whichever occurs first. An audit	930
conducted pursuant to division (F) of this section shall not	931
require a holder to make records available for a period of time	932
exceeding the records retention period set forth in division (F)	933
of this section, except for records pertaining to instruments	934
evidencing ownership, or rights to them or funds paid toward the	935
purchase of them, or any dividend, capital credit, profit,	936
distribution, interest, or payment on principal or other sum, held	937
or owed by a holder, including funds deposited with a fiscal agent	938
or fiduciary for payment of them, or pertaining to debt of a	939
publicly traded corporation. Any holder that is audited pursuant	940
to division (F) of this section shall only be required to make	941
available those records that are relevant to an unclaimed funds	942
audit of that holder as prescribed by the director.	943

(3) The director may enter into contracts, pursuant to	944
procedures prescribed by the director, with persons for the sole	945
purpose of examining the records of holders, determining	946
compliance with this chapter, and collecting, taking possession	947
of, and remitting to the department's division of unclaimed funds,	948
in a timely manner, the amounts found and defined as unclaimed.	949
The director shall not enter into such a contract with a person	950
unless the person does all of the following:	951

(a) Agrees to maintain the confidentiality of the records	952
examined, as required under division (F)(4) of this section;	953

(b) Agrees to conduct the audit in accordance with rules	954
adopted under section 169.09 of the Revised Code;	955

(c) Obtains a corporate surety bond issued by a bonding	956
company or insurance company authorized to do business in this	957
state. The bond shall be in favor of the director and in the	958
penal sum determined by the director. The bond shall be for the	959
benefit of any holder of unclaimed funds that is audited by the	960
principal and is injured by the principal's failure to comply with	961
division (F)(3)(a) or (b) of this section.	962

(4) Records audited pursuant to division (F) of this section	963
are confidential, and shall not be disclosed except as required by	964
section 169.06 of the Revised Code or as the director considers	965
necessary in the proper administration of this chapter.	966

(5) If a person with whom the director has entered into a	967
contract pursuant to division (F)(3) of this section intends to	968
conduct, in conjunction with an unclaimed funds audit under this	969
section, an unclaimed funds audit for the purpose of administering	970
another state's unclaimed or abandoned property laws, the person,	971
prior to commencing the audit, shall provide written notice to the	972
director of the person's intent to conduct such an audit, along	973
with documentation evidencing the person's express authorization	974
from the other state to conduct the audit on behalf of that state.	975

(6) Prior to the commencement of an audit conducted pursuant	976
to division (F) of this section, the director shall notify the	977
holder of unclaimed funds of the director's intent to audit the	978
holder's records. If the audit will be conducted in conjunction	979
with an audit for one or more other states, the director shall	980
provide the holder with the name or names of those states.	981

(7) Any holder of unclaimed funds may appeal the findings of	982
an audit conducted pursuant to division (F) of this section to the	983
director. Pursuant to the authority granted by section 169.09 of	984
the Revised Code, the director shall adopt rules establishing	985
procedures for considering such an appeal.	986

(G) All holders shall make sufficient investigation of their	987
records to ensure that the funds reported to the director are	988
unclaimed as set forth in division (B) of section 169.01 and	989
section 169.02 of the Revised Code.	990

(H) The expiration of any period of limitations on or after	991
March 1, 1968, within which a person entitled to any moneys,	992
rights to moneys, or intangible property could have commenced an	993
action or proceeding to obtain the same shall not prevent such	994
items from becoming unclaimed funds or relieve the holder thereof	995
of any duty to report and give notice as provided in this section	996
and deliver the same in the manner provided in section 169.05 of	997
the Revised Code, provided that the holder may comply with the	998
provisions of this section and section 169.05 of the Revised Code	999
with respect to any moneys, rights to moneys, or intangible	1000
property as to which the applicable statute of limitations has run	1001
prior to March 1, 1968, and in such event the holder shall be	1002
entitled to the protective provisions of section 169.07 of the	1003
Revised Code.	1004

(I) No social security number contained in a report made	1005
pursuant to this section shall be used by the department of	1006
commerce for any purpose other than to enable the division of	1007
unclaimed funds to carry out the purposes of this chapter and for	1008
child support purposes in response to a request made by the	1009
~~division~~office of child support in the department of job and	1010
family services made pursuant to section ~~5101.327~~3123.88 of the	1011
Revised Code.	1012

Sec. 169.08. (A) Any person claiming a property interest in	1013
unclaimed funds delivered or reported to the state under Chapter	1014
169. of the Revised Code, including the ~~division~~office of child	1015
support in the department of job and family services, pursuant to	1016
section ~~5101.327~~3123.88 of the Revised Code, may file a claim	1017
thereto on the form prescribed by the director of commerce.	1018

(B) The director shall consider matters relevant to any	1019
claim filed under division (A) of this section and shall hold a	1020
formal hearing if requested or considered necessary and receive	1021
evidence concerning such claim. A finding and decision in writing	1022
on each claim filed shall be prepared, stating the substance of	1023
any evidence received or heard and the reasons for allowance or	1024
disallowance of the claim. The evidence and decision shall be a	1025
public record. No statute of limitations shall bar the allowance	1026
of a claim.	1027

(C) For the purpose of conducting any hearing, the director	1028
may require the attendance of such witnesses and the production of	1029
such books, records, and papers as the director desires, and the	1030
director may take the depositions of witnesses residing within or	1031
without this state in the same manner as is prescribed by law for	1032
the taking of depositions in civil actions in the court of common	1033
pleas, and for that purpose the director may issue a subpoena for	1034
any witness or a subpoena duces tecum to compel the production of	1035
any books, records, or papers, directed to the sheriff of the	1036
county where such witness resides or is found, which shall be	1037
served and returned. The fees and mileage of the sheriff and	1038
witnesses shall be the same as that allowed in the court of common	1039
pleas in criminal cases. Fees and mileage shall be paid from the	1040
unclaimed funds trust fund.	1041

(D) Interest is not payable to claimants of unclaimed funds	1042
held by the state. Claims shall be paid from the trust fund. If	1043
the amount available in the trust fund is not sufficient to pay	1044
pending claims, or other amounts disbursable from the trust fund,	1045
the treasurer of state shall certify such fact to the director,	1046
who shall then withdraw such amount of funds from the mortgage	1047
accounts as the director determines necessary to reestablish the	1048
trust fund to a level required to pay anticipated claims but not	1049
more than ten per cent of the net unclaimed funds reported to	1050
date.	1051

The director shall retain in the trust fund, as a fee for	1052
administering the funds, five per cent of the total amount of	1053
unclaimed funds payable to the claimant and may withdraw the funds	1054
paid to the director by the holders and deposited by the director	1055
with the treasurer of state or in a financial institution as agent	1056
for such funds. Whenever these funds are inadequate to meet the	1057
requirements for the trust fund, the director shall provide for a	1058
withdrawal of funds, within a reasonable time, in such amount as	1059
is necessary to meet the requirements, from financial institutions	1060
in which such funds were retained or placed by a holder and from	1061
other holders who have retained funds, in an equitable manner as	1062
prescribed by the director. In the event that the amount to be	1063
withdrawn from any one such holder is less than five hundred	1064
dollars, the amount to be withdrawn shall be at the discretion of	1065
the director. Such funds may be reimbursed in the amounts	1066
withdrawn when the trust fund has a surplus over the amount	1067
required to pay anticipated claims. Whenever the trust fund has a	1068
surplus over the amount required to pay anticipated claims, the	1069
director may transfer such surplus to the mortgage accounts.	1070

(E) If a claim which is allowed under this section relates	1071
to funds which have been retained by the reporting holder, and if	1072
the funds, on deposit with the treasurer of state pursuant to this	1073
chapter, are insufficient to pay claims, the director may notify	1074
such holder in writing of the payment of the claim and such holder	1075
shall immediately reimburse the state in the amount of such claim.	1076
The reimbursement shall be credited to the unclaimed funds trust	1077
fund.	1078

(F) Any person, including the ~~division~~office of child	1079
support, adversely affected by a decision of the director may	1080
appeal such decision in the manner provided in Chapter 119. of the	1081
Revised Code.	1082

In the event the claimant prevails, the claimant shall be	1083
reimbursed for reasonable attorney's fees and costs.	1084

(G) Notwithstanding anything to the contrary in this	1085
chapter, any holder who has paid moneys to or entered into an	1086
agreement with the director pursuant to section 169.05 of the	1087
Revised Code on certified checks, cashiers' checks, bills of	1088
exchange, letters of credit, drafts, money orders, or travelers'	1089
checks, may make payment to any person entitled thereto, including	1090
the ~~division~~office of child support, and upon surrender of the	1091
document, except in the case of travelers' checks, and proof of	1092
such payment, the director shall reimburse the holder for such	1093
payment without interest.	1094

Sec. 329.04. (A) The county department of job and family	1095
services shall have, exercise, and perform the following powers	1096
and duties:	1097

(1) Perform any duties assigned by the state department of	1098
job and family services regarding the provision of public family	1099
services, including the provision of the following services to	1100
prevent or reduce economic or personal dependency and to	1101
strengthen family life:	1102

(a) Services authorized by Title IV-A of the "Social	1103
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	1104
and known in this state as the Ohio works first program	1105
established by Chapter 5107. of the Revised Code and the	1106
prevention, retention, and contingency program established under	1107
Chapter 5108. of the Revised Code;	1108

(b) Social services authorized by Title XX of the "Social	1109
Security Act" and provided for by section 5101.46 of the Revised	1110
Code;	1111

(c) If the county department is designated as the child	1112
support enforcement agency, services authorized by Title IV-D of	1113
the "Social Security Act" and provided for by ~~sections 2301.34 to~~	1114
~~2301.44~~Chapter3125. of the Revised Code. The county department	1115
may perform the services itself or contract with other government	1116
entities, and, pursuant to division (C) of section 2301.35 and	1117
section 2301.42 of the Revised Code, private entities, to perform	1118
the Title IV-D services.	1119

(2) Administer disability assistance under Chapter 5115. of	1120
the Revised Code as required by the state department of job and	1121
family services;	1122

(3) Administer burials insofar as the administration of	1123
burials was, prior to September 12, 1947, imposed upon the board	1124
of county commissioners and if otherwise required by state law;	1125

(4) Cooperate with state and federal authorities in any	1126
matter relating to family services and to act as the agent of such	1127
authorities;	1128

(5) Submit an annual account of its work and expenses to the	1129
board of county commissioners and to the state department of job	1130
and family services at the close of each fiscal year;	1131

(6) Exercise any powers and duties relating to family	1132
services or workforce development activities imposed upon the	1133
county department of job and family services by law, by resolution	1134
of the board of county commissioners, or by order of the governor,	1135
when authorized by law, to meet emergencies during war or peace;	1136

(7) Determine the eligibility for medical assistance of	1137
recipients of aid under Title XVI of the "Social Security Act";	1138

(8) If assigned by the state director of job and family	1139
services under section 5101.515 of the Revised Code, determine	1140
applicants' eligibility for health assistance under the children's	1141
health insurance program part II;	1142

(9) Enter into a plan of cooperation with the board of	1143
county commissioners under section 307.983, consult with the board	1144
in the development of the transportation work plan developed under	1145
section 307.985, establish with the board procedures under section	1146
307.986 for providing services to children whose families relocate	1147
frequently, and comply with the contracts the board enters into	1148
under sections 307.981 and 307.982 of the Revised Code that affect	1149
the county department;	1150

(10) For the purpose of complying with a partnership	1151
agreement the board of county commissioners enters into under	1152
section 307.98 of the Revised Code, exercise the powers and	1153
perform the duties the partnership agreement assigns to the county	1154
department;	1155

(11) If the county department is designated as the workforce	1156
development agency, provide the workforce development activities	1157
specified in the contract required by section 330.05 of the	1158
Revised Code.	1159

(B) The powers and duties of a county department of job and	1160
family services are, and shall be exercised and performed, under	1161
the control and direction of the board of county commissioners.	1162
The board may assign to the county department any power or duty of	1163
the board regarding family services and workforce development	1164
activities. If the new power or duty necessitates the state	1165
department of job and family services changing its federal cost	1166
allocation plan, the county department may not implement the power	1167
or duty unless the United States department of health and human	1168
services approves the changes.	1169

Sec. 742.41. (A) As used in this section:

1170

(1) "Other system retirant" has the same meaning as in	1171
section 742.26 of the Revised Code.	1172

(2) "Personal history record" includes a member's, former	1173
member's, or other system retirant's name, address, telephone	1174
number, social security number, record of contributions,	1175
correspondence with the Ohio police and fire pension fund, status	1176
of any application for benefits, and any other information deemed	1177
confidential by the trustees of the fund.	1178

(B) The treasurer of state shall furnish annually to the	1179
board of trustees of the fund a sworn statement of the amount of	1180
the funds in the treasurer of state's custody belonging to the	1181
Ohio police and fire pension fund. The records of the board shall	1182
be open for public inspection except for the following, which	1183
shall be excluded, except with the written authorization of the	1184
individual concerned:	1185

(1) The individual's personal history record;

1186

(2) Any information identifying, by name and address, the	1187
amount of a monthly allowance or benefit paid to the individual.	1188

(C) All medical reports and recommendations required are	1189
privileged, except that copies of such medical reports or	1190
recommendations shall be made available to the personal physician,	1191
attorney, or authorized agent of the individual concerned upon	1192
written release received from the individual or the individual's	1193
agent or, when necessary for the proper administration of the	1194
fund, to the board-assigned physician.	1195

(D) Any person who is a member of the fund or an other	1196
system retirant shall be furnished with a statement of the amount	1197
to the credit of the person's individual account upon the person's	1198
written request. The board need not answer more than one such	1199
request of a person in any one year.	1200

(E) Notwithstanding the exceptions to public inspection in	1201
division (B) of this section, the board may furnish the following	1202
information:	1203

(1) If a member, former member, or other system retirant is	1204
subject to an order issued under section 2907.15 of the Revised	1205
Code or is convicted of or pleads guilty to a violation of section	1206
2921.41 of the Revised Code, on written request of a prosecutor as	1207
defined in section 2935.01 of the Revised Code, the board shall	1208
furnish to the prosecutor the information requested from the	1209
individual's personal history record.	1210

(2) Pursuant to a court order issued ~~under section 3113.21~~	1211
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised	1212
Code, the board shall furnish to a court or child support	1213
enforcement agency the information required under that section.	1214

(3) At the request of any organization or association of	1215
members of the fund, the board of trustees of the fund shall	1216
provide a list of the names and addresses of members of the fund	1217
and other system retirants. The board shall comply with the	1218
request of such organization or association at least once a year	1219
and may impose a reasonable charge for the list.	1220

(4) Within fourteen days after receiving from the director	1221
of job and family services a list of the names and social security	1222
numbers of recipients of public assistance pursuant to section	1223
5101.181 of the Revised Code, the board shall inform the auditor	1224
of state of the name, current or most recent employer address, and	1225
social security number of each member or other system retirant	1226
whose name and social security number are the same as that of a	1227
person whose name or social security number was submitted by the	1228
director. The board and its employees shall, except for purposes	1229
of furnishing the auditor of state with information required by	1230
this section, preserve the confidentiality of recipients of public	1231
assistance in compliance with division (A) of section 5101.181 of	1232
the Revised Code.	1233

(F) A statement that contains information obtained from the	1234
board's records that is signed by the secretary of the board of	1235
trustees of the Ohio police and fire pension fund and to which the	1236
board's official seal is affixed, or copies of the board's records	1237
to which the signature and seal are attached, shall be received as	1238
true copies of the board's records in any court or before any	1239
officer of this state.	1240

Sec. 742.47. Except as provided in ~~sections~~section 742.461,	1241
~~3111.23,~~ and ~~3113.21~~Chapters 3119., 3121., 3123., and 3125. of	1242
the Revised Code, sums of money due or to become due to any person	1243
from the Ohio police and fire pension fund are not liable to	1244
attachment, garnishment, levy, or seizure under any legal or	1245
equitable process, whether such sums remain with the treasurer of	1246
the fund or any officer or agent of the board of trustees of the	1247
fund, or is in the course of transmission to the person entitled	1248
thereto, but shall inure wholly to the benefit of such person.	1249

Sec. 909.131. On receipt of a notice pursuant to section	1250
~~2301.373~~3123.43 of the Revised Code, the director of agriculture	1251
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	1252
Revised Code and any applicable rules adopted under section	1253
3123.63 of the Revised Code with respect to a certificate issued	1254
pursuant to this chapter.	1255

Sec. 917.24. On receipt of a notice pursuant to section	1256
~~2301.373~~3123.43 of the Revised Code, the director of agriculture	1257
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	1258
Revised Code and any applicable rules adopted under section	1259
3123.63 of the Revised Code with respect to a license issued	1260
pursuant to this chapter.	1261

Sec. 918.45. On receipt of a notice pursuant to section	1262
~~2301.373~~3123.43 of the Revised Code, the director of agriculture	1263
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	1264
Revised Code and any applicable rules adopted under section	1265
3123.63 of the Revised Code with respect to a license issued	1266
pursuant to this chapter.	1267

Sec. 919.21. On receipt of a notice pursuant to section	1268
~~2301.373~~3123.43 of the Revised Code, the director of agriculture	1269
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	1270
Revised Code and any applicable rules adopted under section	1271
3123.63 of the Revised Code with respect to a license issued	1272
pursuant to this chapter.	1273

Sec. 921.30. On receipt of a notice pursuant to section	1274
~~2301.373~~3123.43 of the Revised Code, the director of agriculture	1275
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	1276
Revised Code and any applicable rules adopted under section	1277
3123.63 of the Revised Code with respect to a license,	1278
certificate, or permit issued pursuant to this chapter.	1279

Sec. 926.102. On receipt of a notice pursuant to section	1280
~~2301.373~~3123.43 of the Revised Code, the director of agriculture	1281
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	1282
Revised Code and any applicable rules adopted under section	1283
3123.63 of the Revised Code with respect to a license,	1284
certificate, or permit issued pursuant to this chapter.	1285

Sec. 927.521. On receipt of a notice pursuant to section	1286
~~2301.373~~3123.43 of the Revised Code, the director of agriculture	1287
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	1288
Revised Code and any applicable rules adopted under section	1289
3123.63 of the Revised Code with respect to a license,	1290
certificate, or permit issued pursuant to this chapter.	1291

Sec. 943.19. On receipt of a notice pursuant to section	1292
~~2301.373~~3123.43 of the Revised Code, the director of agriculture	1293
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	1294
Revised Code and any applicable rules adopted under section	1295
3123.63 of the Revised Code with respect to a license,	1296
certificate, or permit issued pursuant to this chapter.	1297

Sec. 1321.05. Each license shall state the address at which	1298
the business is to be conducted and shall state fully the name of	1299
the licensee. Each license shall be kept conspicuously posted in	1300
the place of business of the licensee and is not transferable or	1301
assignable.	1302

Each license shall remain in effect until surrendered,	1303
revoked, or suspended under section 1321.08 or ~~2301.373~~3123.47 of	1304
the Revised Code. Every licensee shall each year pay to the	1305
division of financial institutions a license fee and an assessment	1306
as determined by the superintendent pursuant to section 1321.20 of	1307
the Revised Code. Payment of such renewal fee shall be according	1308
to the provisions of this section and the standard renewal	1309
procedure of sections 4745.01 to 4745.03 of the Revised Code. No	1310
other or further license fee or assessment shall be required from	1311
any such licensee by the state or any political subdivision in the	1312
state.	1313

Every licensee shall maintain for each license current assets	1314
of at least ten thousand dollars, either in use or readily	1315
available for use in the conduct of the business.	1316

Sec. 1321.84. On receipt of a notice pursuant to section	1317
~~2301.373~~3123.43 of the Revised Code, the division of consumer	1318
finance shall comply with ~~that section~~sections 3123.41 to 3123.50	1319
of the Revised Code and any applicable rules adopted under section	1320
3123.63 of the Revised Code with respect to a license,	1321
certificate, or permit issued pursuant to this chapter.	1322

Sec. 1322.101. On receipt of a notice pursuant to section	1323
~~2301.373~~3123.43 of the Revised Code, the division of financial	1324
institutions shall comply with ~~that section~~sections 3123.41 to	1325
3123.50 of the Revised Code and any applicable rules adopted under	1326
section 3123.63 of the Revised Code with respect to a certificate	1327
issued pursuant to this chapter.	1328

Sec. 1347.08. (A) Every state or local agency that	1329
maintains a personal information system, upon the request and the	1330
proper identification of any person who is the subject of personal	1331
information in the system, shall:	1332

(1) Inform the person of the existence of any personal	1333
information in the system of which the person is the subject;	1334

(2) Except as provided in divisions (C) and (E)(2) of this	1335
section, permit the person, the person's legal guardian, or an	1336
attorney who presents a signed written authorization made by the	1337
person, to inspect all personal information in the system of which	1338
the person is the subject;	1339

(3) Inform the person about the types of uses made of the	1340
personal information, including the identity of any users usually	1341
granted access to the system.	1342

(B) Any person who wishes to exercise a right provided by	1343
this section may be accompanied by another individual of the	1344
person's choice.	1345

(C)(1) A state or local agency, upon request, shall disclose	1346
medical, psychiatric, or psychological information to a person who	1347
is the subject of the information or to the person's legal	1348
guardian, unless a physician, psychiatrist, or psychologist	1349
determines for the agency that the disclosure of the information	1350
is likely to have an adverse effect on the person, in which case	1351
the information shall be released to a physician, psychiatrist, or	1352
psychologist who is designated by the person or by the person's	1353
legal guardian.	1354

(2) Upon the signed written request of either a licensed	1355
attorney at law or a licensed physician designated by the inmate,	1356
together with the signed written request of an inmate of a	1357
correctional institution under the administration of the	1358
department of rehabilitation and correction, the department shall	1359
disclose medical information to the designated attorney or	1360
physician as provided in division (C) of section 5120.21 of the	1361
Revised Code.	1362

(D) If an individual who is authorized to inspect personal	1363
information that is maintained in a personal information system	1364
requests the state or local agency that maintains the system to	1365
provide a copy of any personal information that the individual is	1366
authorized to inspect, the agency shall provide a copy of the	1367
personal information to the individual. Each state and local	1368
agency may establish reasonable fees for the service of copying,	1369
upon request, personal information that is maintained by the	1370
agency.	1371

(E)(1) This section regulates access to personal information	1372
that is maintained in a personal information system by persons who	1373
are the subject of the information, but does not limit the	1374
authority of any person, including a person who is the subject of	1375
personal information maintained in a personal information system,	1376
to inspect or have copied, pursuant to section 149.43 of the	1377
Revised Code, a public record as defined in that section.	1378

(2) This section does not provide a person who is the	1379
subject of personal information maintained in a personal	1380
information system, the person's legal guardian, or an attorney	1381
authorized by the person, with a right to inspect or have copied,	1382
or require an agency that maintains a personal information system	1383
to permit the inspection of or to copy, a confidential law	1384
enforcement investigatory record or trial preparation record, as	1385
defined in divisions (A)(2) and (4) of section 149.43 of the	1386
Revised Code.	1387

(F) This section does not apply to any of the following:

1388

(1) The contents of an adoption file maintained by the	1389
department of health under section 3705.12 of the Revised Code;	1390

(2) Information contained in the putative father registry	1391
established by section 3107.062 of the Revised Code, regardless of	1392
whether the information is held by the department of job and	1393
family services or, pursuant to section ~~5101.313~~3111.69 of the	1394
Revised Code, the ~~division~~office of child support in the	1395
department or a child support enforcement agency;	1396

(3) Papers, records, and books that pertain to an adoption	1397
and that are subject to inspection in accordance with section	1398
3107.17 of the Revised Code;	1399

(4) Records listed in division (A) of section 3107.42 of the	1400
Revised Code or specified in division (A) of section 3107.52 of	1401
the Revised Code;	1402

(5) Records that identify an individual described in	1403
division (A)(1) of section 3721.031 of the Revised Code, or that	1404
would tend to identify such an individual;	1405

(6) Files and records that have been expunged under division	1406
(D)(1) of section 3721.23 of the Revised Code;	1407

(7) Records that identify an individual described in	1408
division (A)(1) of section 3721.25 of the Revised Code, or that	1409
would tend to identify such an individual;	1410

(8) Records that identify an individual described in	1411
division (A)(1) of section 5111.61 of the Revised Code, or that	1412
would tend to identify such an individual;	1413

(9) Test materials, examinations, or evaluation tools used	1414
in an examination for licensure as a nursing home administrator	1415
that the board of examiners of nursing home administrators	1416
administers under section 4751.04 of the Revised Code or contracts	1417
under that section with a private or government entity to	1418
administer.	1419

Sec. 1349.01. (A) As used in this section:

1420

(1) "Consumer reporting agency" has the same meaning as in	1421
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a.	1422

(2) "Court" means the division of the court of common pleas	1423
having jurisdiction over actions for divorce, annulment,	1424
dissolution of marriage, legal separation, child support, or	1425
spousal support.	1426

(3) "Health insurance coverage" means hospital, surgical, or	1427
medical expense coverage provided under any health insurance or	1428
health care policy, contract, or plan or any other health benefits	1429
arrangement.	1430

(4) "Provider" has the same meaning as in section 3901.38 of	1431
the Revised Code.	1432

(B) If, pursuant to an action for divorce, annulment,	1433
dissolution of marriage, or legal separation, the court determines	1434
that a party who is a resident of this state is responsible for	1435
obtaining health insurance coverage for the party's former spouse	1436
or children or if, pursuant to a child support order issued in	1437
accordance with ~~section 3113.217~~sections 3119.30 to3119.58 of	1438
the Revised Code, the court requires a party who is a resident of	1439
this state to obtain health insurance coverage for the children	1440
who are the subject of the child support order, and the party	1441
fails to obtain such coverage, no provider or collection agency	1442
shall collect or attempt to collect from the former spouse,	1443
children, or person responsible for the children, any	1444
reimbursement of any hospital, surgical, or medical expenses	1445
incurred by the provider for services rendered to the former	1446
spouse or children, which expenses would have been covered but for	1447
the failure of the party to obtain the coverage, if the former	1448
spouse, any of the children, or a person responsible for the	1449
children, provides the following to the provider or collection	1450
agency:	1451

(1) A copy of the court order requiring the party to obtain	1452
health insurance coverage for the former spouse or children.	1453

(2) Reasonable assistance in locating the party and	1454
obtaining information about the party's health insurance coverage.	1455

(C) If the requirements of divisions (B)(1) and (2) of this	1456
section are not met, the provider or collection agency may collect	1457
the hospital, surgical, or medical expenses both from the former	1458
spouse or person responsible for the children and from the party	1459
who failed to obtain the coverage. If the requirements of	1460
divisions (B)(1) and (2) are met, the provider or collection	1461
agency may collect or attempt to collect the expenses only from	1462
the party.	1463

A party required to obtain health insurance coverage for a	1464
former spouse or children who fails to obtain the coverage is	1465
liable to the provider for the hospital, surgical, or medical	1466
expenses incurred by the provider as a result of the failure to	1467
obtain the coverage. This section does not prohibit a former	1468
spouse or person responsible for the children from initiating an	1469
action to enforce the order requiring the party to obtain health	1470
insurance for the former spouse or children or to collect any	1471
amounts the former spouse or person responsible for the children	1472
pays for hospital, surgical, or medical expenses for which the	1473
party is responsible under the order requiring the party to obtain	1474
health insurance for the former spouse or children.	1475

(D)(1) If the requirements of divisions (B)(1) and (2) of	1476
this section are met, both of the following restrictions shall	1477
apply:	1478

(a) No collection agency or provider of hospital, surgical,	1479
or medical services may report to a consumer reporting agency, for	1480
inclusion in the credit file or credit report of the former spouse	1481
or person responsible for the children, any information relative	1482
to the nonpayment of expenses for the services incurred by the	1483
provider, if the nonpayment is the result of the failure of the	1484
party responsible for obtaining health insurance coverage to	1485
obtain health insurance coverage.	1486

(b) No consumer reporting agency shall include in the credit	1487
file or credit report of the former spouse or person responsible	1488
for the children, any information relative to the nonpayment of	1489
any hospital, surgical, or medical expenses incurred by a provider	1490
as a result of the party's failure to obtain the coverage.	1491

(2) If the requirements of divisions (B)(1) and (2) of this	1492
section are not met, both of the following provisions shall apply:	1493

(a) A provider of hospital, surgical, or medical services,	1494
or a collection agency, may report to a consumer reporting agency,	1495
for inclusion in the credit file or credit report of the former	1496
spouse or person responsible for the children, any information	1497
relative to the nonpayment of expenses for the services incurred	1498
by the provider, if the nonpayment is the result of the failure of	1499
the party responsible for obtaining health insurance coverage to	1500
obtain such coverage.	1501

(b) A consumer reporting agency may include in the credit	1502
file or credit report of the former spouse or person responsible	1503
for the children, any information relative to the nonpayment of	1504
any hospital, surgical, or medical expenses incurred by the	1505
provider, if the nonpayment is the result of the failure of the	1506
party responsible for obtaining health insurance coverage to	1507
obtain such coverage.	1508

(3)(a) A provider of hospital, surgical, or medical	1509
services, or a collection agency, may report to a consumer	1510
reporting agency, for inclusion in the credit file or credit	1511
report of that party, any information relative to the nonpayment	1512
of expenses for the services incurred by the provider, if the	1513
nonpayment is the result of the failure of the party responsible	1514
for obtaining health insurance coverage to obtain such coverage.	1515

(b) A consumer reporting agency may include in the credit	1516
file or credit report of the party responsible for obtaining	1517
health insurance coverage, any information relative to the	1518
nonpayment of any hospital, surgical, or medical expenses incurred	1519
by a provider, if the nonpayment is the result of the failure of	1520
that party to obtain health insurance coverage.	1521

(4) If any information described in division (D)(2) of this	1522
section is placed in the credit file or credit report of the	1523
former spouse or person responsible for the children, the consumer	1524
reporting agency shall remove the information from the credit file	1525
and credit report if the former spouse or person responsible for	1526
the children provides the agency with the information required in	1527
divisions (B)(1) and (2) of this section. If the agency fails to	1528
remove the information from the credit file or credit report	1529
pursuant to the terms of the "Fair Credit Reporting Act," 84 Stat.	1530
1128, 15 U.S.C. 1681a, within a reasonable time after receiving	1531
the information required by divisions (B)(1) and (2) of this	1532
section, the former spouse may initiate an action to require the	1533
agency to remove the information.	1534

If any information described in division (D)(3) of this	1535
section is placed in the party's credit file or credit report, the	1536
party has the burden of proving that the party is not responsible	1537
for obtaining the health insurance coverage or, if responsible,	1538
that the expenses incurred are not covered expenses. If the party	1539
meets that burden, the agency shall remove the information from	1540
the party's credit file and credit report immediately. If the	1541
agency fails to remove the information from the credit file or	1542
credit report immediately after the party meets the burden, the	1543
party may initiate an action to require the agency to remove the	1544
information.	1545

Sec. 1533.82. (A) On receipt of a notice pursuant to	1546
section ~~2301.373~~3123.43 of the Revised Code, the chief of the	1547
division of wildlife shall comply with ~~that section~~sections	1548
3123.41 to 3123.50 of the Revised Code and any applicable rules	1549
adopted under section 3123.63 of the Revised Code with respect to	1550
a license, permit, or certificate issued pursuant to section	1551
1533.23, 1533.34, 1533.342, 1533.39, 1533.40, 1533.51, 1533.631,	1552
1533.71, 1533.72, 1533.81, 1533.88, or 1533.881 of the Revised	1553
Code.	1554

(B) On receipt of a notice pursuant to section ~~2301.375~~	1555
3123.62 of the Revised Code, the chief shall comply with that	1556
section and any applicable rules adopted under section 3123.63 of	1557
the Revised Code with respect to a license, permit, or stamp	1558
issued pursuant to section 1533.10, 1533.11, 1533.111, 1533.112,	1559
or 1533.32 of the Revised Code.	1560

Sec. 1541.42. On receipt of a notice pursuant to section	1561
~~2301.373~~3123.43 of the Revised Code, the chief of the division of	1562
parks and recreation shall comply with ~~that section~~sections	1563
3123.41 to 3123.50 of the Revised Code and any applicable rules	1564
adopted under section 3123.63 of the Revised Code with respect to	1565
a license issued pursuant to this chapter.	1566

Sec. 1547.544. On receipt of a notice pursuant to section	1567
~~2301.373~~3123.43 of the Revised Code, the division of watercraft	1568
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	1569
Revised Code and any applicable rules adopted under section	1570
3123.63 of the Revised Code with respect to a certificate issued	1571
pursuant to section 1547.542 or 1547.543 of the Revised Code.	1572

Sec. 1561.52. On receipt of a notice pursuant to section	1573
~~2301.373~~3123.43 of the Revised Code, the mine examining board	1574
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	1575
Revised Code and any applicable rules adopted under section	1576
3123.63 of the Revised Code with respect to a certificate issued	1577
pursuant to this chapter.	1578

Sec. 1565.25. On receipt of a notice pursuant to section	1579
~~2301.373~~3123.43 of the Revised Code, the mine examining board	1580
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	1581
Revised Code and any applicable rules adopted under section	1582
3123.63 of the Revised Code with respect to a certificate issued	1583
pursuant to this chapter.	1584

Sec. 1905.201. The mayor of a municipal corporation that has	1585
a mayor's court, and a mayor's court magistrate, are entitled to	1586
suspend or revoke, and shall suspend or revoke, in accordance with	1587
division (B) of section 4507.16 of the Revised Code, the driver's	1588
or commercial driver's license or permit or nonresident operating	1589
privilege of any person who is convicted of or pleads guilty to a	1590
violation of division (A) of section 4511.19 of the Revised Code,	1591
of a municipal ordinance relating to operating a vehicle while	1592
under the influence of alcohol, a drug of abuse, or alcohol and a	1593
drug of abuse, or of a municipal ordinance relating to operating a	1594
vehicle with a prohibited concentration of alcohol in the blood,	1595
breath, or urine that is substantially equivalent to division (A)	1596
of section 4511.19 of the Revised Code. The mayor of a municipal	1597
corporation that has a mayor's court, and a mayor's court	1598
magistrate, are entitled to suspend, and shall suspend, in	1599
accordance with division (E) of section 4507.16 of the Revised	1600
Code, the driver's, or commercial driver's license or permit or	1601
nonresident operating privilege of any person who is convicted of	1602
or pleads guilty to a violation of division (B) of section 4511.19	1603
of the Revised Code or of a municipal ordinance relating to	1604
operating a vehicle with a prohibited concentration of alcohol in	1605
the blood, breath, or urine that is substantially equivalent to	1606
division (B) of section 4511.19 of the Revised Code.	1607

Suspension of a commercial driver's license under this	1608
section shall be concurrent with any period of disqualification	1609
under section ~~2301.374~~3123.611 or 4506.16 of the Revised Code or	1610
period of suspension under section 3123.58 of the Revised Code.	1611
No person who is disqualified for life from holding a commercial	1612
driver's license under section 4506.16 of the Revised Code shall	1613
be issued a driver's license under Chapter 4507. of the Revised	1614
Code during the period for which the commercial driver's license	1615
was suspended under this section, and no person whose commercial	1616
driver's license is suspended under this section shall be issued a	1617
driver's license under Chapter 4507. of the Revised Code during	1618
the period of the suspension.	1619

Sec. 2151.23. (A) The juvenile court has exclusive original	1620
jurisdiction under the Revised Code as follows:	1621

(1) Concerning any child who on or about the date specified	1622
in the complaint is alleged to be a juvenile traffic offender or a	1623
delinquent, unruly, abused, neglected, or dependent child and,	1624
based on and in relation to the allegation pertaining to the	1625
child, concerning the parent, guardian, or other person having	1626
care of a child who is alleged to be an unruly or delinquent child	1627
for being an habitual or chronic truant;	1628

(2) Subject to division (V) of section 2301.03 of the	1629
Revised Code, to determine the custody of any child not a ward of	1630
another court of this state;	1631

(3) To hear and determine any application for a writ of	1632
habeas corpus involving the custody of a child;	1633

(4) To exercise the powers and jurisdiction given the	1634
probate division of the court of common pleas in Chapter 5122. of	1635
the Revised Code, if the court has probable cause to believe that	1636
a child otherwise within the jurisdiction of the court is a	1637
mentally ill person subject to hospitalization by court order, as	1638
defined in section 5122.01 of the Revised Code;	1639

(5) To hear and determine all criminal cases charging adults	1640
with the violation of any section of this chapter;	1641

(6) To hear and determine all criminal cases in which an	1642
adult is charged with a violation of division (C) of section	1643
2919.21, division (B)(1) of section 2919.22, section 2919.222,	1644
division (B) of section 2919.23, or section 2919.24 of the Revised	1645
Code, provided the charge is not included in an indictment that	1646
also charges the alleged adult offender with the commission of a	1647
felony arising out of the same actions that are the basis of the	1648
alleged violation of division (C) of section 2919.21, division	1649
(B)(1) of section 2919.22, section 2919.222, division (B) of	1650
section 2919.23, or section 2919.24 of the Revised Code;	1651

(7) Under the interstate compact on juveniles in section	1652
2151.56 of the Revised Code;	1653

(8) Concerning any child who is to be taken into custody	1654
pursuant to section 2151.31 of the Revised Code, upon being	1655
notified of the intent to take the child into custody and the	1656
reasons for taking the child into custody;	1657

(9) To hear and determine requests for the extension of	1658
temporary custody agreements, and requests for court approval of	1659
permanent custody agreements, that are filed pursuant to section	1660
5103.15 of the Revised Code;	1661

(10) To hear and determine applications for consent to marry	1662
pursuant to section 3101.04 of the Revised Code;	1663

(11) Subject to division (V) of section 2301.03 of the	1664
Revised Code, to hear and determine a request for an order for the	1665
support of any child if the request is not ancillary to an action	1666
for divorce, dissolution of marriage, annulment, or legal	1667
separation, a criminal or civil action involving an allegation of	1668
domestic violence, or an action for support brought under Chapter	1669
3115. of the Revised Code;	1670

(12) Concerning an action commenced under section 121.38 of	1671
the Revised Code;	1672

;

1673

~~(14)~~(13) To hear and determine violations of section 3321.38	1674
of the Revised Code;	1675

~~(15)~~(14) To exercise jurisdiction and authority over the	1676
parent, guardian, or other person having care of a child alleged	1677
to be a delinquent child, unruly child, or juvenile traffic	1678
offender, based on and in relation to the allegation pertaining to	1679
the child.	1680

(B) Except as provided in division (I) of section 2301.03 of	1681
the Revised Code, the juvenile court has original jurisdiction	1682
under the Revised Code:	1683

(1) To hear and determine all cases of misdemeanors charging	1684
adults with any act or omission with respect to any child, which	1685
act or omission is a violation of any state law or any municipal	1686
ordinance;	1687

(2) To determine the paternity of any child alleged to have	1688
been born out of wedlock pursuant to sections 3111.01 to ~~3111.19~~	1689
3111.18 of the Revised Code;	1690

(3) Under the uniform interstate family support act in	1691
Chapter 3115. of the Revised Code;	1692

(4) To hear and determine an application for an order for	1693
the support of any child, if the child is not a ward of another	1694
court of this state;	1695

(5) To hear and determine an action commenced under section	1696
~~5101.314~~3111.28 of the Revised Code;	1697

(6) To hear and determine a motion filed under section	1698
3119.961 of the Revised Code.	1699

(C) The juvenile court, except as to juvenile courts that	1700
are a separate division of the court of common pleas or a separate	1701
and independent juvenile court, has jurisdiction to hear,	1702
determine, and make a record of any action for divorce or legal	1703
separation that involves the custody or care of children and that	1704
is filed in the court of common pleas and certified by the court	1705
of common pleas with all the papers filed in the action to the	1706
juvenile court for trial, provided that no certification of that	1707
nature shall be made to any juvenile court unless the consent of	1708
the juvenile judge first is obtained. After a certification of	1709
that nature is made and consent is obtained, the juvenile court	1710
shall proceed as if the action originally had been begun in that	1711
court, except as to awards for spousal support or support due and	1712
unpaid at the time of certification, over which the juvenile court	1713
has no jurisdiction.	1714

(D) The juvenile court, except as provided in division (I)	1715
of section 2301.03 of the Revised Code, has jurisdiction to hear	1716
and determine all matters as to custody and support of children	1717
duly certified by the court of common pleas to the juvenile court	1718
after a divorce decree has been granted, including jurisdiction to	1719
modify the judgment and decree of the court of common pleas as the	1720
same relate to the custody and support of children.	1721

(E) The juvenile court, except as provided in division (I)	1722
of section 2301.03 of the Revised Code, has jurisdiction to hear	1723
and determine the case of any child certified to the court by any	1724
court of competent jurisdiction if the child comes within the	1725
jurisdiction of the juvenile court as defined by this section.	1726

(F)(1) The juvenile court shall exercise its jurisdiction in	1727
child custody matters in accordance with sections 3109.04, 3109.21	1728
to 3109.36, and 5103.20 to 5103.28 of the Revised Code.	1729

(2) The juvenile court shall exercise its jurisdiction in	1730
child support matters in accordance with section 3109.05 of the	1731
Revised Code.	1732

(G)~~(1) Each order for child support made or modified by a~~	1733
~~juvenile court shall include as part of the order a general~~	1734
~~provision, as described in division (A)(1) of section 3113.21 of~~	1735
~~the Revised Code, requiring the withholding or deduction of income~~	1736
~~or assets of the obligor under the order as described in division~~	1737
~~(D) of section 3113.21 of the Revised Code, or another type of~~	1738
~~appropriate requirement as described in division (D)(3), (D)(4),~~	1739
~~or (H) of that section, to ensure that withholding or deduction~~	1740
~~from the income or assets of the obligor is available from the~~	1741
~~commencement of the support order for collection of the support~~	1742
~~and of any arrearages that occur; a statement requiring all~~	1743
~~parties to the order to notify the child support enforcement~~	1744
~~agency in writing of their current mailing address, current~~	1745
~~residence address, current residence telephone number, and current~~	1746
~~driver's license number, and any changes to that information; and~~	1747
~~a notice that the requirement to notify the child support~~	1748
~~enforcement agency of all changes to that information continues~~	1749
~~until further notice from the court.~~ Any juvenile court that	1750
makes or modifies an order for child support shall comply with	1751
~~sections 3113.21 to 3113.219~~Chapters 3119., 3121., 3123., and	1752
3125. of the Revised Code. If any person required to pay child	1753
support under an order made by a juvenile court on or after April	1754
15, 1985, or modified on or after December 1, 1986, is found in	1755
contempt of court for failure to make support payments under the	1756
order, the court that makes the finding, in addition to any other	1757
penalty or remedy imposed, shall assess all court costs arising	1758
out of the contempt proceeding against the person and require the	1759
person to pay any reasonable attorney's fees of any adverse party,	1760
as determined by the court, that arose in relation to the act of	1761
contempt.	1762

~~(2) Notwithstanding section 3109.01 of the Revised Code, if~~	1763
~~a juvenile court issues a child support order under this chapter,~~	1764
~~the order shall remain in effect beyond the child's eighteenth~~	1765
~~birthday as long as the child continuously attends on a full-time~~	1766
~~basis any recognized and accredited high school or the order~~	1767
~~provides that the duty of support of the child continues beyond~~	1768
~~the child's eighteenth birthday. Except in cases in which the~~	1769
~~order provides that the duty of support continues for any period~~	1770
~~after the child reaches nineteen years of age the order shall not~~	1771
~~remain in effect after the child reaches nineteen years of age.~~	1772
~~Any parent ordered to pay support under a child support order~~	1773
~~issued under this chapter shall continue to pay support under the~~	1774
~~order, including during seasonal vacation periods, until the order~~	1775
~~terminates.~~	1776

(H) If a child who is charged with an act that would be an	1777
offense if committed by an adult was fourteen years of age or	1778
older and under eighteen years of age at the time of the alleged	1779
act and if the case is transferred for criminal prosecution	1780
pursuant to section 2151.26 of the Revised Code, the juvenile	1781
court does not have jurisdiction to hear or determine the case	1782
subsequent to the transfer. The court to which the case is	1783
transferred for criminal prosecution pursuant to that section has	1784
jurisdiction subsequent to the transfer to hear and determine the	1785
case in the same manner as if the case originally had been	1786
commenced in that court, including, but not limited to,	1787
jurisdiction to accept a plea of guilty or another plea authorized	1788
by Criminal Rule 11 or another section of the Revised Code and	1789
jurisdiction to accept a verdict and to enter a judgment of	1790
conviction pursuant to the Rules of Criminal Procedure against the	1791
child for the commission of the offense that was the basis of the	1792
transfer of the case for criminal prosecution, whether the	1793
conviction is for the same degree or a lesser degree of the	1794
offense charged, for the commission of a lesser-included offense,	1795
or for the commission of another offense that is different from	1796
the offense charged.	1797

(I) If a person under eighteen years of age allegedly	1798
commits an act that would be a felony if committed by an adult and	1799
if the person is not taken into custody or apprehended for that	1800
act until after the person attains twenty-one years of age, the	1801
juvenile court does not have jurisdiction to hear or determine any	1802
portion of the case charging the person with committing that act.	1803
In those circumstances, divisions (B) and (C) of section 2151.26	1804
of the Revised Code do not apply regarding the act, the case	1805
charging the person with committing the act shall be a criminal	1806
prosecution commenced and heard in the appropriate court having	1807
jurisdiction of the offense as if the person had been eighteen	1808
years of age or older when the person committed the act, all	1809
proceedings pertaining to the act shall be within the jurisdiction	1810
of the court having jurisdiction of the offense, and the court	1811
having jurisdiction of the offense has all the authority and	1812
duties in the case as it has in other criminal cases commenced in	1813
that court.	1814

Sec. 2151.231. The parent, guardian, or custodian of a	1815
child, the person with whom a child resides, or the child support	1816
enforcement agency of the county in which the child, parent,	1817
guardian, or custodian of the child resides may bring an action in	1818
a juvenile court or other court with jurisdiction under section	1819
2101.022 or 2301.03 of the Revised Code under this section	1820
requesting the court to issue an order requiring a parent of the	1821
child to pay an amount for the support of the child without regard	1822
to the marital status of the child's parents. No action may be	1823
brought under this section against a person presumed to be the	1824
parent of a child based on an acknowledgment of paternity that has	1825
not yet become final under former section 3111.211 or 5101.314 or	1826
section 2151.232, 3111.25, or 3111.821 of the Revised Code.	1827

The parties to an action under this section may raise the	1828
issue of the existence or nonexistence of a parent-child	1829
relationship, unless a final and enforceable determination of the	1830
issue has been made with respect to the parties pursuant to	1831
Chapter 3111. of the Revised Code or an acknowledgment of	1832
paternity signed by the child's parents has become final pursuant	1833
to former section 3111.211 or 5101.314 or section 2151.232,	1834
~~3111.211~~3111.25, or ~~5101.314~~3111.821 of the Revised Code. If a	1835
complaint is filed under this section and an issue concerning the	1836
existence or nonexistence of a parent-child relationship is	1837
raised, the court shall treat the action as an action pursuant to	1838
sections 3111.01 to ~~3111.19~~3111.18 of the Revised Code. An order	1839
issued in an action under this section does not preclude a party	1840
to the action from bringing a subsequent action pursuant to	1841
sections 3111.01 to ~~3111.19~~3111.18 of the Revised Code if the	1842
issue concerning the existence or nonexistence of the parent-child	1843
relationship was not determined with respect to the party pursuant	1844
to a proceeding under this section, a proceeding under Chapter	1845
3111. of the Revised Code, or an acknowledgment of paternity that	1846
has become final under former section 3111.211 or 5101.314 or	1847
section 2151.232, ~~3111.211~~3111.25, or ~~5101.314~~3111.821 of the	1848
Revised Code. An order issued pursuant to this section shall	1849
remain effective until an order is issued pursuant to sections	1850
3111.01 to ~~3111.19~~3111.18 of the Revised Code that a parent-child	1851
relationship does not exist between the alleged father of the	1852
child and the child or until the occurrence of an event described	1853
in ~~division (G)(4)(a) of~~ section ~~3113.21~~3119.88 of the Revised	1854
Code that would require the order to terminate.	1855

The court, in accordance with ~~section 3113.217~~sections	1856
3119.30 to3119.58 of the Revised Code, shall include in each	1857
support order made under this section the requirement that one or	1858
both of the parents provide for the health care needs of the child	1859
to the satisfaction of the court.	1860

Sec. 2151.232. If an acknowledgment has been filed and	1861
entered into the birth registry pursuant to section	1862
~~5101.314~~3111.24 of the Revised Code but has not yet become final,	1863
either parent who signed the acknowledgment may bring an action in	1864
the juvenile court or other court with jurisdiction under section	1865
2101.022 or 2301.03 of the Revised Code under this section	1866
requesting that the court issue an order requiring a parent of the	1867
child to pay an amount for the support of the child in accordance	1868
with ~~sections 3113.21 to 3113.219~~Chapters 3119., 3121., 3123.,	1869
and3125. of the Revised Code.	1870

The parties to an action under this section may raise the	1871
issue of the existence or nonexistence of a parent-child	1872
relationship. If an action is commenced pursuant to this section	1873
and the issue of the existence or nonexistence of a parent-child	1874
relationship is raised, the court shall treat the action as an	1875
action commenced pursuant to sections 3111.01 to ~~3111.19~~3111.18	1876
of the Revised Code. If the issue is raised, the court shall	1877
promptly notify the ~~division~~office of child support in the	1878
department of job and family services that it is conducting	1879
proceedings in compliance with sections 3111.01 to ~~3111.19~~3111.18	1880
of the Revised Code. On receipt of the notice by the ~~division~~	1881
office, the acknowledgment of paternity signed by the parties and	1882
filed pursuant to section ~~5101.314~~3111.23 of the Revised Code	1883
shall be considered rescinded.	1884

If the parties do not raise the issue of the existence or	1885
nonexistence of a parent-child relationship in the action and an	1886
order is issued pursuant to this section prior to the date the	1887
acknowledgment filed and entered on the birth registry ~~under~~	1888
~~section 5101.314 of the Revised Code~~ becomes final, the	1889
acknowledgment shall be considered final as of the date of the	1890
issuance of the order. An order issued pursuant to this section	1891
shall not affect an acknowledgment that becomes final pursuant to	1892
section ~~5101.314~~3111.25 of the Revised Code prior to the issuance	1893
of the order.	1894

Sec. 2151.33. (A) Pending hearing of a complaint filed	1895
under section 2151.27 of the Revised Code or a motion filed or	1896
made under division (B) of this section and the service of	1897
citations, the juvenile court may make any temporary disposition	1898
of any child that it considers necessary to protect the best	1899
interest of the child and that can be made pursuant to division	1900
(B) of this section. Upon the certificate of one or more	1901
reputable practicing physicians, the court may summarily provide	1902
for emergency medical and surgical treatment that appears to be	1903
immediately necessary to preserve the health and well-being of any	1904
child concerning whom a complaint or an application for care has	1905
been filed, pending the service of a citation upon the child's	1906
parents, guardian, or custodian. The court may order the parents,	1907
guardian, or custodian, if the court finds the parents, guardian,	1908
or custodian able to do so, to reimburse the court for the expense	1909
involved in providing the emergency medical or surgical treatment.	1910
Any person who disobeys the order for reimbursement may be	1911
adjudged in contempt of court and punished accordingly.	1912

If the emergency medical or surgical treatment is furnished	1913
to a child who is found at the hearing to be a nonresident of the	1914
county in which the court is located and if the expense of the	1915
medical or surgical treatment cannot be recovered from the	1916
parents, legal guardian, or custodian of the child, the board of	1917
county commissioners of the county in which the child has a legal	1918
settlement shall reimburse the court for the reasonable cost of	1919
the emergency medical or surgical treatment out of its general	1920
fund.	1921

(B)(1) After a complaint, petition, writ, or other document	1922
initiating a case dealing with an alleged or adjudicated abused,	1923
neglected, or dependent child is filed and upon the filing or	1924
making of a motion pursuant to division (C) of this section, the	1925
court, prior to the final disposition of the case, may issue any	1926
of the following temporary orders to protect the best interest of	1927
the child:	1928

(a) An order granting temporary custody of the child to a	1929
particular party;	1930

(b) An order for the taking of the child into custody	1931
pursuant to section 2151.31 of the Revised Code pending the	1932
outcome of the adjudicatory and dispositional hearings;	1933

(c) An order granting, limiting, or eliminating parenting	1934
time or visitation rights with respect to the child;	1935

(d) An order requiring a party to vacate a residence that	1936
will be lawfully occupied by the child;	1937

(e) An order requiring a party to attend an appropriate	1938
counseling program that is reasonably available to that party;	1939

(f) Any other order that restrains or otherwise controls the	1940
conduct of any party which conduct would not be in the best	1941
interest of the child.	1942

(2) Prior to the final disposition of a case subject to	1943
division (B)(1) of this section, the court shall do both of the	1944
following:	1945

(a) Issue an order pursuant to ~~sections 3113.21 to 3113.219~~	1946
Chapters 3119. to 3125. of the Revised Code requiring the parents,	1947
guardian, or person charged with the child's support to pay	1948
support for the child.	1949

(b) Issue an order requiring the parents, guardian, or	1950
person charged with the child's support to continue to maintain	1951
any health insurance coverage for the child that existed at the	1952
time of the filing of the complaint, petition, writ, or other	1953
document, or to obtain health insurance coverage in accordance	1954
with ~~section 3113.217~~sections 3119.30 to 3119.58 of the Revised	1955
Code.	1956

(C)(1) A court may issue an order pursuant to division (B)	1957
of this section upon its own motion or if a party files a written	1958
motion or makes an oral motion requesting the issuance of the	1959
order and stating the reasons for it. Any notice sent by the	1960
court as a result of a motion pursuant to this division shall	1961
contain a notice that any party to a juvenile proceeding has the	1962
right to be represented by counsel and to have appointed counsel	1963
if the person is indigent.	1964

(2) If a child is taken into custody pursuant to section	1965
2151.31 of the Revised Code and placed in shelter care, the public	1966
children services agency or private child placing agency with	1967
which the child is placed in shelter care shall file or make a	1968
motion as described in division (C)(1) of this section before the	1969
end of the next day immediately after the date on which the child	1970
was taken into custody and, at a minimum, shall request an order	1971
for temporary custody under division (B)(1)(a) of this section.	1972

(3) A court that issues an order pursuant to division	1973
(B)(1)(b) of this section shall comply with section 2151.419 of	1974
the Revised Code.	1975

(D) The court may grant an ex parte order upon its own	1976
motion or a motion filed or made pursuant to division (C) of this	1977
section requesting such an order if it appears to the court that	1978
the best interest and the welfare of the child require that the	1979
court issue the order immediately. The court, if acting on its	1980
own motion, or the person requesting the granting of an ex parte	1981
order, to the extent possible, shall give notice of its intent or	1982
of the request to the parents, guardian, or custodian of the child	1983
who is the subject of the request. If the court issues an ex	1984
parte order, the court shall hold a hearing to review the order	1985
within seventy-two hours after it is issued or before the end of	1986
the next day after the day on which it is issued, whichever occurs	1987
first. The court shall give written notice of the hearing to all	1988
parties to the action and shall appoint a guardian ad litem for	1989
the child prior to the hearing.	1990

The written notice shall be given by all means that are	1991
reasonably likely to result in the party receiving actual notice	1992
and shall include all of the following:	1993

(1) The date, time, and location of the hearing;

1994

(2) The issues to be addressed at the hearing;

1995

(3) A statement that every party to the hearing has a right	1996
to counsel and to court-appointed counsel, if the party is	1997
indigent;	1998

(4) The name, telephone number, and address of the person	1999
requesting the order;	2000

(5) A copy of the order, except when it is not possible to	2001
obtain it because of the exigent circumstances in the case.	2002

If the court does not grant an ex parte order pursuant to a	2003
motion filed or made pursuant to division (C) of this section or	2004
its own motion, the court shall hold a shelter care hearing on the	2005
motion within ten days after the motion is filed. The court shall	2006
give notice of the hearing to all affected parties in the same	2007
manner as set forth in the Juvenile Rules.	2008

(E) The court, pending the outcome of the adjudicatory and	2009
dispositional hearings, shall not issue an order granting	2010
temporary custody of a child to a public children services agency	2011
or private child placing agency pursuant to this section, unless	2012
the court determines and specifically states in the order that the	2013
continued residence of the child in the child's current home will	2014
be contrary to the child's best interest and welfare and the court	2015
complies with section 2151.419 of the Revised Code.	2016

(F) Each public children services agency and private child	2017
placing agency that receives temporary custody of a child pursuant	2018
to this section shall maintain in the child's case record written	2019
documentation that it has placed the child, to the extent that it	2020
is consistent with the best interest, welfare, and special needs	2021
of the child, in the most family-like setting available and in	2022
close proximity to the home of the parents, custodian, or guardian	2023
of the child.	2024

(G) For good cause shown, any court order that is issued	2025
pursuant to this section may be reviewed by the court at any time	2026
upon motion of any party to the action or upon the motion of the	2027
court.	2028

Sec. 2151.36. When a child has been committed as provided by	2029
this chapter, the juvenile court shall issue an order pursuant to	2030
sections ~~3113.21 to 3113.219~~Chapters 3119., 3121., 3123., and	2031
3125. of the Revised Code requiring that the parent, guardian, or	2032
person charged with the child's support pay for the care, support,	2033
maintenance, and education of the child. The juvenile court shall	2034
order that the parents, guardian, or person pay for the expenses	2035
involved in providing orthopedic, medical, or surgical treatment	2036
for, or for special care of, the child, enter a judgment for the	2037
amount due, and enforce the judgment by execution as in the court	2038
of common pleas.	2039

Any expenses incurred for the care, support, maintenance,	2040
education, orthopedic, medical, or surgical treatment, and special	2041
care of a child who has a legal settlement in another county shall	2042
be at the expense of the county of legal settlement if the consent	2043
of the juvenile judge of the county of legal settlement is first	2044
obtained. When the consent is obtained, the board of county	2045
commissioners of the county in which the child has a legal	2046
settlement shall reimburse the committing court for the expenses	2047
out of its general fund. If the department of job and family	2048
services considers it to be in the best interest of any	2049
delinquent, dependent, unruly, abused, or neglected child who has	2050
a legal settlement in a foreign state or country that the child be	2051
returned to the state or country of legal settlement, the juvenile	2052
court may commit the child to the department for the child's	2053
return to that state or country.	2054

Any expenses ordered by the court for the care, support,	2055
maintenance, education, orthopedic, medical, or surgical	2056
treatment, or special care of a dependent, neglected, abused,	2057
unruly, or delinquent child or of a juvenile traffic offender	2058
under this chapter, except the part of the expense that may be	2059
paid by the state or federal government or paid by the parents,	2060
guardians, or person charged with the child's support pursuant to	2061
this section, shall be paid from the county treasury upon	2062
specifically itemized vouchers, certified to by the judge. The	2063
court shall not be responsible for any expenses resulting from the	2064
commitment of children to any home, public children services	2065
agency, private child placing agency, or other institution,	2066
association, or agency, unless the court authorized the expenses	2067
at the time of commitment.	2068

Sec. 2151.49. In every case of conviction under sections	2069
2151.01 to 2151.54 of the Revised Code, where imprisonment is	2070
imposed as part of the punishment, the juvenile judge may suspend	2071
sentence, before or during commitment, upon such condition as the	2072
juvenile judge imposes. In the case of conviction for	2073
~~non-support~~nonsupport of a child who is receiving aid under	2074
Chapter 5107. or 5115. of the Revised Code, if the juvenile judge	2075
suspends sentence on condition that the person make payments for	2076
support, the payment shall be made to the county department of job	2077
and family services rather than to the child or custodian of the	2078
child.	2079

The court, in accordance with ~~section 3113.217~~sections	2080
3119.30 to 3119.58 of the Revised Code, shall include in each	2081
support order made under this section the requirement that one or	2082
both of the parents provide for the health care needs of the child	2083
to the satisfaction of the court.	2084

Sec. 2301.03. (A) In Franklin county, the judges of the	2085
court of common pleas whose terms begin on January 1, 1953,	2086
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	2087
1997, and successors, shall have the same qualifications, exercise	2088
the same powers and jurisdiction, and receive the same	2089
compensation as other judges of the court of common pleas of	2090
Franklin county and shall be elected and designated as judges of	2091
the court of common pleas, division of domestic relations. They	2092
shall have all the powers relating to juvenile courts, and all	2093
cases under Chapter 2151. of the Revised Code, all parentage	2094
proceedings under Chapter 3111. of the Revised Code over which the	2095
juvenile court has jurisdiction, and all divorce, dissolution of	2096
marriage, legal separation, and annulment cases shall be assigned	2097
to them. In addition to the judge's regular duties, the judge who	2098
is senior in point of service shall serve on the children services	2099
board and the county advisory board and shall be the administrator	2100
of the domestic relations division and its subdivisions and	2101
departments.	2102

(B)(1) In Hamilton county, the judge of the court of common	2103
pleas, whose term begins on January 1, 1957, and successors, and	2104
the judge of the court of common pleas, whose term begins on	2105
February 14, 1967, and successors, shall be the juvenile judges as	2106
provided in Chapter 2151. of the Revised Code, with the powers and	2107
jurisdiction conferred by that chapter.	2108

(2) The judges of the court of common pleas whose terms	2109
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and	2110
successors, shall be elected and designated as judges of the court	2111
of common pleas, division of domestic relations, and shall have	2112
assigned to them all divorce, dissolution of marriage, legal	2113
separation, and annulment cases coming before the court. On or	2114
after the first day of July and before the first day of August of	2115
1991 and each year thereafter, a majority of the judges of the	2116
division of domestic relations shall elect one of the judges of	2117
the division as administrative judge of that division. If a	2118
majority of the judges of the division of domestic relations are	2119
unable for any reason to elect an administrative judge for the	2120
division before the first day of August, a majority of the judges	2121
of the Hamilton county court of common pleas, as soon as possible	2122
after that date, shall elect one of the judges of the division of	2123
domestic relations as administrative judge of that division. The	2124
term of the administrative judge shall begin on the earlier of the	2125
first day of August of the year in which the administrative judge	2126
is elected or the date on which the administrative judge is	2127
elected by a majority of the judges of the Hamilton county court	2128
of common pleas and shall terminate on the date on which the	2129
administrative judge's successor is elected in the following year.	2130

In addition to the judge's regular duties, the administrative	2131
judge of the division of domestic relations shall be the	2132
administrator of the domestic relations division and its	2133
subdivisions and departments and shall have charge of the	2134
employment, assignment, and supervision of the personnel of the	2135
division engaged in handling, servicing, or investigating divorce,	2136
dissolution of marriage, legal separation, and annulment cases,	2137
including any referees considered necessary by the judges in the	2138
discharge of their various duties.	2139

The administrative judge of the division of domestic	2140
relations also shall designate the title, compensation, expense	2141
allowances, hours, leaves of absence, and vacations of the	2142
personnel of the division, and shall fix the duties of its	2143
personnel. The duties of the personnel, in addition to those	2144
provided for in other sections of the Revised Code, shall include	2145
the handling, servicing, and investigation of divorce, dissolution	2146
of marriage, legal separation, and annulment cases and counseling	2147
and conciliation services that may be made available to persons	2148
requesting them, whether or not the persons are parties to an	2149
action pending in the division.	2150

The board of county commissioners shall appropriate the sum	2151
of money each year as will meet all the administrative expenses of	2152
the division of domestic relations, including reasonable expenses	2153
of the domestic relations judges and the division counselors and	2154
other employees designated to conduct the handling, servicing, and	2155
investigation of divorce, dissolution of marriage, legal	2156
separation, and annulment cases, conciliation and counseling, and	2157
all matters relating to those cases and counseling, and the	2158
expenses involved in the attendance of division personnel at	2159
domestic relations and welfare conferences designated by the	2160
division, and the further sum each year as will provide for the	2161
adequate operation of the division of domestic relations.	2162

The compensation and expenses of all employees and the salary	2163
and expenses of the judges shall be paid by the county treasurer	2164
from the money appropriated for the operation of the division,	2165
upon the warrant of the county auditor, certified to by the	2166
administrative judge of the division of domestic relations.	2167

The summonses, warrants, citations, subpoenas, and other	2168
writs of the division may issue to a bailiff, constable, or staff	2169
investigator of the division or to the sheriff of any county or	2170
any marshal, constable, or police officer, and the provisions of	2171
law relating to the subpoenaing of witnesses in other cases shall	2172
apply insofar as they are applicable. When a summons, warrant,	2173
citation, subpoena, or other writ is issued to an officer, other	2174
than a bailiff, constable, or staff investigator of the division,	2175
the expense of serving it shall be assessed as a part of the costs	2176
in the case involved.	2177

(3) The judge of the court of common pleas of Hamilton	2178
County whose term begins on January 3, 1997, shall be elected and	2179
designated for one term only as the drug court judge of the court	2180
of common pleas of Hamilton County, and the successors to that	2181
judge shall be elected and designated as judges of the general	2182
division of the court of common pleas of Hamilton county and shall	2183
not have the authority granted by division (B)(3) of this section.	2184
The drug court judge may accept or reject any case referred to the	2185
drug court judge under division (B)(3) of this section. After the	2186
drug court judge accepts a referred case, the drug court judge has	2187
full authority over the case, including the authority to conduct	2188
arraignment, accept pleas, enter findings and dispositions,	2189
conduct trials, order treatment, and if treatment is not	2190
successfully completed pronounce and enter sentence.	2191

A judge of the general division of the court of common pleas	2192
of Hamilton County and a judge of the Hamilton County municipal	2193
court may refer to the drug court judge any case, and any	2194
companion cases, the judge determines meet the criteria described	2195
under divisions (B)(3)(a) and (b) of this section. If the drug	2196
court judge accepts referral of a referred case, the case, and any	2197
companion cases, shall be transferred to the drug court judge. A	2198
judge may refer a case meeting the criteria described in divisions	2199
(B)(3)(a) and (b) of this section that involves a violation of a	2200
term of probation to the drug court judge, and, if the drug court	2201
judge accepts the referral, the referring judge and the drug court	2202
judge have concurrent jurisdiction over the case.	2203

A judge of the general division of the court of common pleas	2204
of Hamilton County and a judge of the Hamilton County municipal	2205
court may refer a case to the drug court judge under division	2206
(B)(3) of this section if the judge determines that both of the	2207
following apply:	2208

(a) One of the following applies:

2209

(i) The case involves a drug abuse offense, as defined in	2210
section 2925.01 of the Revised Code, that is a felony of the third	2211
or fourth degree if the offense is committed prior to July 1,	2212
1996, a felony of the third, fourth, or fifth degree if the	2213
offense is committed on or after July 1, 1996, or a misdemeanor.	2214

(ii) The case involves a theft offense, as defined in	2215
section 2913.01 of the Revised Code, that is a felony of the third	2216
or fourth degree if the offense is committed prior to July 1,	2217
1996, a felony of the third, fourth, or fifth degree if the	2218
offense is committed on or after July 1, 1996, or a misdemeanor,	2219
and the defendant is drug or alcohol dependent or in danger of	2220
becoming drug or alcohol dependent and would benefit from	2221
treatment.	2222

(b) All of the following apply:

2223

(i) The case involves a probationable offense or a case in	2224
which a mandatory prison term is not required to be imposed.	2225

(ii) The defendant has no history of violent behavior.

2226

(iii) The defendant has no history of mental illness.

2227

(iv) The defendant's current or past behavior, or both, is	2228
drug or alcohol driven.	2229

(v) The defendant demonstrates a sincere willingness to	2230
participate in a fifteen-month treatment process.	2231

(vi) The defendant has no acute health condition.

2232

(vii) If the defendant is incarcerated, the county	2233
prosecutor approves of the referral.	2234

(4) If the administrative judge of the court of common pleas	2235
of Hamilton county determines that the volume of cases pending	2236
before the drug court judge does not constitute a sufficient	2237
caseload for the drug court judge, the administrative judge, in	2238
accordance with the Rules of Superintendence for Courts of Common	2239
Pleas, shall assign individual cases to the drug court judge from	2240
the general docket of the court. If the assignments so occur, the	2241
administrative judge shall cease the assignments when the	2242
administrative judge determines that the volume of cases pending	2243
before the drug court judge constitutes a sufficient caseload for	2244
the drug court judge.	2245

(C) In Lorain county, the judges of the court of common	2246
pleas whose terms begin on January 3, 1959, January 4, 1989, and	2247
January 2, 1999, and successors, shall have the same	2248
qualifications, exercise the same powers and jurisdiction, and	2249
receive the same compensation as the other judges of the court of	2250
common pleas of Lorain county and shall be elected and designated	2251
as the judges of the court of common pleas, division of domestic	2252
relations. They shall have all of the powers relating to juvenile	2253
courts, and all cases under Chapter 2151. of the Revised Code, all	2254
parentage proceedings over which the juvenile court has	2255
jurisdiction, and all divorce, dissolution of marriage, legal	2256
separation, and annulment cases shall be assigned to them, except	2257
cases that for some special reason are assigned to some other	2258
judge of the court of common pleas.	2259

(D)(1) In Lucas county, the judges of the court of common	2260
pleas whose terms begin on January 1, 1955, and January 3, 1965,	2261
and successors, shall have the same qualifications, exercise the	2262
same powers and jurisdiction, and receive the same compensation as	2263
other judges of the court of common pleas of Lucas county and	2264
shall be elected and designated as judges of the court of common	2265
pleas, division of domestic relations. All divorce, dissolution	2266
of marriage, legal separation, and annulment cases shall be	2267
assigned to them.	2268

The judge of the division of domestic relations, senior in	2269
point of service, shall be considered as the presiding judge of	2270
the court of common pleas, division of domestic relations, and	2271
shall be charged exclusively with the assignment and division of	2272
the work of the division and the employment and supervision of all	2273
other personnel of the domestic relations division.	2274

(2) The judges of the court of common pleas whose terms	2275
begin on January 5, 1977, and January 2, 1991, and successors	2276
shall have the same qualifications, exercise the same powers and	2277
jurisdiction, and receive the same compensation as other judges of	2278
the court of common pleas of Lucas county, shall be elected and	2279
designated as judges of the court of common pleas, juvenile	2280
division, and shall be the juvenile judges as provided in Chapter	2281
2151. of the Revised Code with the powers and jurisdictions	2282
conferred by that chapter. In addition to the judge's regular	2283
duties, the judge of the court of common pleas, juvenile division,	2284
senior in point of service, shall be the administrator of the	2285
juvenile division and its subdivisions and departments and shall	2286
have charge of the employment, assignment, and supervision of the	2287
personnel of the division engaged in handling, servicing, or	2288
investigating juvenile cases, including any referees considered	2289
necessary by the judges of the division in the discharge of their	2290
various duties.	2291

The judge of the court of common pleas, juvenile division,	2292
senior in point of service, also shall designate the title,	2293
compensation, expense allowance, hours, leaves of absence, and	2294
vacation of the personnel of the division and shall fix the duties	2295
of the personnel of the division. The duties of the personnel, in	2296
addition to other statutory duties include the handling,	2297
servicing, and investigation of juvenile cases and counseling and	2298
conciliation services that may be made available to persons	2299
requesting them, whether or not the persons are parties to an	2300
action pending in the division.	2301

(3) If one of the judges of the court of common pleas,	2302
division of domestic relations, or one of the judges of the	2303
juvenile division is sick, absent, or unable to perform that	2304
judge's judicial duties or the volume of cases pending in that	2305
judge's division necessitates it, the duties shall be performed by	2306
the judges of the other of those divisions.	2307

(E)(1) In Mahoning county, the judge of the court of common	2308
pleas whose term began on January 1, 1955, and successors, shall	2309
have the same qualifications, exercise the same powers and	2310
jurisdiction, and receive the same compensation as other judges of	2311
the court of common pleas of Mahoning county, shall be elected and	2312
designated as judge of the court of common pleas, division of	2313
domestic relations, and shall be assigned all the divorce,	2314
dissolution of marriage, legal separation, and annulment cases	2315
coming before the court. In addition to the judge's regular	2316
duties, the judge of the court of common pleas, division of	2317
domestic relations, shall be the administrator of the domestic	2318
relations division and its subdivisions and departments and shall	2319
have charge of the employment, assignment, and supervision of the	2320
personnel of the division engaged in handling, servicing, or	2321
investigating divorce, dissolution of marriage, legal separation,	2322
and annulment cases, including any referees considered necessary	2323
in the discharge of the various duties of the judge's office.	2324

The judge also shall designate the title, compensation,	2325
expense allowances, hours, leaves of absence, and vacations of the	2326
personnel of the division and shall fix the duties of the	2327
personnel of the division. The duties of the personnel, in	2328
addition to other statutory duties, include the handling,	2329
servicing, and investigation of divorce, dissolution of marriage,	2330
legal separation, and annulment cases and counseling and	2331
conciliation services that may be made available to persons	2332
requesting them, whether or not the persons are parties to an	2333
action pending in the division.	2334

(2) The judge of the court of common pleas whose term began	2335
on January 2, 1969, and successors, shall have the same	2336
qualifications, exercise the same powers and jurisdiction, and	2337
receive the same compensation as other judges of the court of	2338
common pleas of Mahoning county, shall be elected and designated	2339
as judge of the court of common pleas, juvenile division, and	2340
shall be the juvenile judge as provided in Chapter 2151. of the	2341
Revised Code, with the powers and jurisdictions conferred by that	2342
chapter. In addition to the judge's regular duties, the judge of	2343
the court of common pleas, juvenile division, shall be the	2344
administrator of the juvenile division and its subdivisions and	2345
departments and shall have charge of the employment, assignment,	2346
and supervision of the personnel of the division engaged in	2347
handling, servicing, or investigating juvenile cases, including	2348
any referees considered necessary by the judge in the discharge of	2349
the judge's various duties.	2350

The judge also shall designate the title, compensation,	2351
expense allowances, hours, leaves of absence, and vacation of the	2352
personnel of the division and shall fix the duties of the	2353
personnel of the division. The duties of the personnel, in	2354
addition to other statutory duties, include the handling,	2355
servicing, and investigation of juvenile cases and counseling and	2356
conciliation services that may be made available to persons	2357
requesting them, whether or not the persons are parties to an	2358
action pending in the division.	2359

(3) If a judge of the court of common pleas, division of	2360
domestic relations or juvenile division, is sick, absent, or	2361
unable to perform that judge's judicial duties, or the volume of	2362
cases pending in that judge's division necessitates it, that	2363
judge's duties shall be performed by another judge of the court of	2364
common pleas.	2365

(F)(1) In Montgomery county, the judges of the court of	2366
common pleas whose terms begin on January 2, 1953, and January 4,	2367
1977, and successors, shall have the same qualifications, exercise	2368
the same powers and jurisdiction, and receive the same	2369
compensation as other judges of the court of common pleas of	2370
Montgomery county and shall be elected and designated as judges of	2371
the court of common pleas, division of domestic relations. These	2372
judges shall have assigned to them all divorce, dissolution of	2373
marriage, legal separation, and annulment cases.	2374

The judge of the division of domestic relations, senior in	2375
point of service, shall be charged exclusively with the assignment	2376
and division of the work of the division and shall have charge of	2377
the employment and supervision of the personnel of the division	2378
engaged in handling, servicing, or investigating divorce,	2379
dissolution of marriage, legal separation, and annulment cases,	2380
including any necessary referees, except those employees who may	2381
be appointed by the judge, junior in point of service, under this	2382
section and sections 2301.12, 2301.18, and 2301.19 of the Revised	2383
Code. The judge of the division of domestic relations, senior in	2384
point of service, also shall designate the title, compensation,	2385
expense allowances, hours, leaves of absence, and vacation of the	2386
personnel of the division and shall fix their duties.	2387

(2) The judges of the court of common pleas whose terms	2388
begin on January 1, 1953, and January 1, 1993, and successors,	2389
shall have the same qualifications, exercise the same powers and	2390
jurisdiction, and receive the same compensation as other judges of	2391
the court of common pleas of Montgomery county, shall be elected	2392
and designated as judges of the court of common pleas, juvenile	2393
division, and shall be, and have the powers and jurisdiction of,	2394
the juvenile judge as provided in Chapter 2151. of the Revised	2395
Code.	2396

In addition to the judge's regular duties, the judge of the	2397
court of common pleas, juvenile division, senior in point of	2398
service, shall be the administrator of the juvenile division and	2399
its subdivisions and departments and shall have charge of the	2400
employment, assignment, and supervision of the personnel of the	2401
juvenile division, including any necessary referees, who are	2402
engaged in handling, servicing, or investigating juvenile cases.	2403
The judge, senior in point of service, also shall designate the	2404
title, compensation, expense allowances, hours, leaves of absence,	2405
and vacation of the personnel of the division and shall fix their	2406
duties. The duties of the personnel, in addition to other	2407
statutory duties, shall include the handling, servicing, and	2408
investigation of juvenile cases and of any counseling and	2409
conciliation services that are available upon request to persons,	2410
whether or not they are parties to an action pending in the	2411
division.	2412

If one of the judges of the court of common pleas, division	2413
of domestic relations, or one of the judges of the court of common	2414
pleas, juvenile division, is sick, absent, or unable to perform	2415
that judge's duties or the volume of cases pending in that judge's	2416
division necessitates it, the duties of that judge may be	2417
performed by the judge or judges of the other of those divisions.	2418

(G) In Richland county, the judge of the court of common	2419
pleas whose term begins on January 1, 1957, and successors, shall	2420
have the same qualifications, exercise the same powers and	2421
jurisdiction, and receive the same compensation as the other	2422
judges of the court of common pleas of Richland county and shall	2423
be elected and designated as judge of the court of common pleas,	2424
division of domestic relations. That judge shall have all of the	2425
powers relating to juvenile courts, and all cases under Chapter	2426
2151. of the Revised Code, all parentage proceedings over which	2427
the juvenile court has jurisdiction, and all divorce, dissolution	2428
of marriage, legal separation, and annulment cases shall be	2429
assigned to that judge, except in cases that for some special	2430
reason are assigned to some other judge of the court of common	2431
pleas.	2432

(H) In Stark county, the judges of the court of common pleas	2433
whose terms begin on January 1, 1953, January 2, 1959, and January	2434
1, 1993, and successors, shall have the same qualifications,	2435
exercise the same powers and jurisdiction, and receive the same	2436
compensation as other judges of the court of common pleas of Stark	2437
county and shall be elected and designated as judges of the court	2438
of common pleas, division of domestic relations. They shall have	2439
all the powers relating to juvenile courts, and all cases under	2440
Chapter 2151. of the Revised Code, all parentage proceedings over	2441
which the juvenile court has jurisdiction, and all divorce,	2442
dissolution of marriage, legal separation, and annulment cases,	2443
except cases that are assigned to some other judge of the court of	2444
common pleas for some special reason, shall be assigned to the	2445
judges.	2446

The judge of the division of domestic relations, second most	2447
senior in point of service, shall have charge of the employment	2448
and supervision of the personnel of the division engaged in	2449
handling, servicing, or investigating divorce, dissolution of	2450
marriage, legal separation, and annulment cases, and necessary	2451
referees required for the judge's respective court.	2452

The judge of the division of domestic relations, senior in	2453
point of service, shall be charged exclusively with the	2454
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18	2455
of the Revised Code and with the assignment and division of the	2456
work of the division and the employment and supervision of all	2457
other personnel of the division, including, but not limited to,	2458
that judge's necessary referees, but excepting those employees who	2459
may be appointed by the judge second most senior in point of	2460
service. The senior judge further shall serve in every other	2461
position in which the statutes permit or require a juvenile judge	2462
to serve.	2463

(I) In Summit county:

2464

(1) The judges of the court of common pleas whose terms	2465
begin on January 4, 1967, and January 6, 1993, and successors,	2466
shall have the same qualifications, exercise the same powers and	2467
jurisdiction, and receive the same compensation as other judges of	2468
the court of common pleas of Summit county and shall be elected	2469
and designated as judges of the court of common pleas, division of	2470
domestic relations. The judges of the division of domestic	2471
relations shall have assigned to them and hear all divorce,	2472
dissolution of marriage, legal separation, and annulment cases	2473
that come before the court. Except in cases that are subject to	2474
the exclusive original jurisdiction of the juvenile court, the	2475
judges of the division of domestic relations shall have assigned	2476
to them and hear all cases pertaining to paternity, custody,	2477
visitation, child support, or the allocation of parental rights	2478
and responsibilities for the care of children and all post-decree	2479
proceedings arising from any case pertaining to any of those	2480
matters. The judges of the division of domestic relations shall	2481
have assigned to them and hear all proceedings under the uniform	2482
interstate family support act contained in Chapter 3115. of the	2483
Revised Code.	2484

The judge of the division of domestic relations, senior in	2485
point of service, shall be the administrator of the domestic	2486
relations division and its subdivisions and departments and shall	2487
have charge of the employment, assignment, and supervision of the	2488
personnel of the division, including any necessary referees, who	2489
are engaged in handling, servicing, or investigating divorce,	2490
dissolution of marriage, legal separation, and annulment cases.	2491
That judge also shall designate the title, compensation, expense	2492
allowances, hours, leaves of absence, and vacations of the	2493
personnel of the division and shall fix their duties. The duties	2494
of the personnel, in addition to other statutory duties, shall	2495
include the handling, servicing, and investigation of divorce,	2496
dissolution of marriage, legal separation, and annulment cases and	2497
of any counseling and conciliation services that are available	2498
upon request to all persons, whether or not they are parties to an	2499
action pending in the division.	2500

(2) The judge of the court of common pleas whose term begins	2501
on January 1, 1955, and successors, shall have the same	2502
qualifications, exercise the same powers and jurisdiction, and	2503
receive the same compensation as other judges of the court of	2504
common pleas of Summit county, shall be elected and designated as	2505
judge of the court of common pleas, juvenile division, and shall	2506
be, and have the powers and jurisdiction of, the juvenile judge as	2507
provided in Chapter 2151. of the Revised Code. Except in cases	2508
that are subject to the exclusive original jurisdiction of the	2509
juvenile court, the judge of the juvenile division shall not have	2510
jurisdiction or the power to hear, and shall not be assigned, any	2511
case pertaining to paternity, custody, visitation, child support,	2512
or the allocation of parental rights and responsibilities for the	2513
care of children or any post-decree proceeding arising from any	2514
case pertaining to any of those matters. The judge of the	2515
juvenile division shall not have jurisdiction or the power to	2516
hear, and shall not be assigned, any proceeding under the uniform	2517
interstate family support act contained in Chapter 3115. of the	2518
Revised Code.	2519

The juvenile judge shall be the administrator of the juvenile	2520
division and its subdivisions and departments and shall have	2521
charge of the employment, assignment, and supervision of the	2522
personnel of the juvenile division, including any necessary	2523
referees, who are engaged in handling, servicing, or investigating	2524
juvenile cases. The judge also shall designate the title,	2525
compensation, expense allowances, hours, leaves of absence, and	2526
vacation of the personnel of the division and shall fix their	2527
duties. The duties of the personnel, in addition to other	2528
statutory duties, shall include the handling, servicing, and	2529
investigation of juvenile cases and of any counseling and	2530
conciliation services that are available upon request to persons,	2531
whether or not they are parties to an action pending in the	2532
division.	2533

(J) In Trumbull county, the judges of the court of common	2534
pleas whose terms begin on January 1, 1953, and January 2, 1977,	2535
and successors, shall have the same qualifications, exercise the	2536
same powers and jurisdiction, and receive the same compensation as	2537
other judges of the court of common pleas of Trumbull county and	2538
shall be elected and designated as judges of the court of common	2539
pleas, division of domestic relations. They shall have all the	2540
powers relating to juvenile courts, and all cases under Chapter	2541
2151. of the Revised Code, all parentage proceedings over which	2542
the juvenile court has jurisdiction, and all divorce, dissolution	2543
of marriage, legal separation, and annulment cases shall be	2544
assigned to them, except cases that for some special reason are	2545
assigned to some other judge of the court of common pleas.	2546

(K) In Butler county:

2547

(1) The judges of the court of common pleas whose terms	2548
begin on January 1, 1957, and January 4, 1993, and successors,	2549
shall have the same qualifications, exercise the same powers and	2550
jurisdiction, and receive the same compensation as other judges of	2551
the court of common pleas of Butler county and shall be elected	2552
and designated as judges of the court of common pleas, division of	2553
domestic relations. The judges of the division of domestic	2554
relations shall have assigned to them all divorce, dissolution of	2555
marriage, legal separation, and annulment cases coming before the	2556
court, except in cases that for some special reason are assigned	2557
to some other judge of the court of common pleas. The judge	2558
senior in point of service shall be charged with the assignment	2559
and division of the work of the division and with the employment	2560
and supervision of all other personnel of the domestic relations	2561
division.	2562

The judge senior in point of service also shall designate the	2563
title, compensation, expense allowances, hours, leaves of absence,	2564
and vacations of the personnel of the division and shall fix their	2565
duties. The duties of the personnel, in addition to other	2566
statutory duties, shall include the handling, servicing, and	2567
investigation of divorce, dissolution of marriage, legal	2568
separation, and annulment cases and providing any counseling and	2569
conciliation services that the division makes available to	2570
persons, whether or not the persons are parties to an action	2571
pending in the division, who request the services.	2572

(2) The judge of the court of common pleas whose term begins	2573
on January 3, 1987, and successors, shall have the same	2574
qualifications, exercise the same powers and jurisdiction, and	2575
receive the same compensation as other judges of the court of	2576
common pleas of Butler county, shall be elected and designated as	2577
judge of the court of common pleas, juvenile division, and shall	2578
be the juvenile judge as provided in Chapter 2151. of the Revised	2579
Code, with the powers and jurisdictions conferred by that chapter.	2580
The judge of the court of common pleas, juvenile division, shall	2581
be the administrator of the juvenile division and its subdivisions	2582
and departments. The judge shall have charge of the employment,	2583
assignment, and supervision of the personnel of the juvenile	2584
division who are engaged in handling, servicing, or investigating	2585
juvenile cases, including any referees whom the judge considers	2586
necessary for the discharge of the judge's various duties.	2587

The judge also shall designate the title, compensation,	2588
expense allowances, hours, leaves of absence, and vacation of the	2589
personnel of the division and shall fix their duties. The duties	2590
of the personnel, in addition to other statutory duties, include	2591
the handling, servicing, and investigation of juvenile cases and	2592
providing any counseling and conciliation services that the	2593
division makes available to persons, whether or not the persons	2594
are parties to an action pending in the division, who request the	2595
services.	2596

(3) If a judge of the court of common pleas, division of	2597
domestic relations or juvenile division, is sick, absent, or	2598
unable to perform that judge's judicial duties or the volume of	2599
cases pending in the judge's division necessitates it, the duties	2600
of that judge shall be performed by the other judges of the	2601
domestic relations and juvenile divisions.	2602

(L)(1) In Cuyahoga county, the judges of the court of common	2603
pleas whose terms begin on January 8, 1961, January 9, 1961,	2604
January 18, 1975, January 19, 1975, and January 13, 1987, and	2605
successors, shall have the same qualifications, exercise the same	2606
powers and jurisdiction, and receive the same compensation as	2607
other judges of the court of common pleas of Cuyahoga county and	2608
shall be elected and designated as judges of the court of common	2609
pleas, division of domestic relations. They shall have all the	2610
powers relating to all divorce, dissolution of marriage, legal	2611
separation, and annulment cases, except in cases that are assigned	2612
to some other judge of the court of common pleas for some special	2613
reason.	2614

(2) The administrative judge is administrator of the	2615
domestic relations division and its subdivisions and departments	2616
and has the following powers concerning division personnel:	2617

(a) Full charge of the employment, assignment, and	2618
supervision;	2619

(b) Sole determination of compensation, duties, expenses,	2620
allowances, hours, leaves, and vacations.	2621

(3) "Division personnel" include persons employed or	2622
referees engaged in hearing, servicing, investigating, counseling,	2623
or conciliating divorce, dissolution of marriage, legal separation	2624
and annulment matters.	2625

(M) In Lake county:

2626

(1) The judge of the court of common pleas whose term begins	2627
on January 2, 1961, and successors, shall have the same	2628
qualifications, exercise the same powers and jurisdiction, and	2629
receive the same compensation as the other judges of the court of	2630
common pleas of Lake county and shall be elected and designated as	2631
judge of the court of common pleas, division of domestic	2632
relations. The judge shall be assigned all the divorce,	2633
dissolution of marriage, legal separation, and annulment cases	2634
coming before the court, except in cases that for some special	2635
reason are assigned to some other judge of the court of common	2636
pleas. The judge shall be charged with the assignment and	2637
division of the work of the division and with the employment and	2638
supervision of all other personnel of the domestic relations	2639
division.	2640

The judge also shall designate the title, compensation,	2641
expense allowances, hours, leaves of absence, and vacations of the	2642
personnel of the division and shall fix their duties. The duties	2643
of the personnel, in addition to other statutory duties, shall	2644
include the handling, servicing, and investigation of divorce,	2645
dissolution of marriage, legal separation, and annulment cases and	2646
providing any counseling and conciliation services that the	2647
division makes available to persons, whether or not the persons	2648
are parties to an action pending in the division, who request the	2649
services.	2650

(2) The judge of the court of common pleas whose term begins	2651
on January 4, 1979, and successors, shall have the same	2652
qualifications, exercise the same powers and jurisdiction, and	2653
receive the same compensation as other judges of the court of	2654
common pleas of Lake county, shall be elected and designated as	2655
judge of the court of common pleas, juvenile division, and shall	2656
be the juvenile judge as provided in Chapter 2151. of the Revised	2657
Code, with the powers and jurisdictions conferred by that chapter.	2658
The judge of the court of common pleas, juvenile division, shall	2659
be the administrator of the juvenile division and its subdivisions	2660
and departments. The judge shall have charge of the employment,	2661
assignment, and supervision of the personnel of the juvenile	2662
division who are engaged in handling, servicing, or investigating	2663
juvenile cases, including any referees whom the judge considers	2664
necessary for the discharge of the judge's various duties.	2665

The judge also shall designate the title, compensation,	2666
expense allowances, hours, leaves of absence, and vacation of the	2667
personnel of the division and shall fix their duties. The duties	2668
of the personnel, in addition to other statutory duties, include	2669
the handling, servicing, and investigation of juvenile cases and	2670
providing any counseling and conciliation services that the	2671
division makes available to persons, whether or not the persons	2672
are parties to an action pending in the division, who request the	2673
services.	2674

(3) If a judge of the court of common pleas, division of	2675
domestic relations or juvenile division, is sick, absent, or	2676
unable to perform that judge's judicial duties or the volume of	2677
cases pending in the judge's division necessitates it, the duties	2678
of that judge shall be performed by the other judges of the	2679
domestic relations and juvenile divisions.	2680

(N) In Erie county, the judge of the court of common pleas	2681
whose term begins on January 2, 1971, and successors, shall have	2682
the same qualifications, exercise the same powers and	2683
jurisdiction, and receive the same compensation as the other judge	2684
of the court of common pleas of Erie county and shall be elected	2685
and designated as judge of the court of common pleas, division of	2686
domestic relations. The judge shall have all the powers relating	2687
to juvenile courts, and shall be assigned all cases under Chapter	2688
2151. of the Revised Code, parentage proceedings over which the	2689
juvenile court has jurisdiction, and divorce, dissolution of	2690
marriage, legal separation, and annulment cases, except cases that	2691
for some special reason are assigned to some other judge.	2692

(O) In Greene county:

2693

(1) The judge of the court of common pleas whose term begins	2694
on January 1, 1961, and successors, shall have the same	2695
qualifications, exercise the same powers and jurisdiction, and	2696
receive the same compensation as the other judges of the court of	2697
common pleas of Greene county and shall be elected and designated	2698
as the judge of the court of common pleas, division of domestic	2699
relations. The judge shall be assigned all divorce, dissolution	2700
of marriage, legal separation, annulment, uniform reciprocal	2701
support enforcement, and domestic violence cases and all other	2702
cases related to domestic relations, except cases that for some	2703
special reason are assigned to some other judge of the court of	2704
common pleas.	2705

The judge shall be charged with the assignment and division	2706
of the work of the division and with the employment and	2707
supervision of all other personnel of the division. The judge	2708
also shall designate the title, compensation, hours, leaves of	2709
absence, and vacations of the personnel of the division and shall	2710
fix their duties. The duties of the personnel of the division, in	2711
addition to other statutory duties, shall include the handling,	2712
servicing, and investigation of divorce, dissolution of marriage,	2713
legal separation, and annulment cases and the provision of	2714
counseling and conciliation services that the division considers	2715
necessary and makes available to persons who request the services,	2716
whether or not the persons are parties in an action pending in the	2717
division. The compensation for the personnel shall be paid from	2718
the overall court budget and shall be included in the	2719
appropriations for the existing judges of the general division of	2720
the court of common pleas.	2721

(2) The judge of the court of common pleas whose term begins	2722
on January 1, 1995, and successors, shall have the same	2723
qualifications, exercise the same powers and jurisdiction, and	2724
receive the same compensation as the other judges of the court of	2725
common pleas of Greene county, shall be elected and designated as	2726
judge of the court of common pleas, juvenile division, and, on or	2727
after January 1, 1995, shall be the juvenile judge as provided in	2728
Chapter 2151. of the Revised Code with the powers and jurisdiction	2729
conferred by that chapter. The judge of the court of common	2730
pleas, juvenile division, shall be the administrator of the	2731
juvenile division and its subdivisions and departments. The judge	2732
shall have charge of the employment, assignment, and supervision	2733
of the personnel of the juvenile division who are engaged in	2734
handling, servicing, or investigating juvenile cases, including	2735
any referees whom the judge considers necessary for the discharge	2736
of the judge's various duties.	2737

The judge also shall designate the title, compensation,	2738
expense allowances, hours, leaves of absence, and vacation of the	2739
personnel of the division and shall fix their duties. The duties	2740
of the personnel, in addition to other statutory duties, include	2741
the handling, servicing, and investigation of juvenile cases and	2742
providing any counseling and conciliation services that the court	2743
makes available to persons, whether or not the persons are parties	2744
to an action pending in the court, who request the services.	2745

(3) If one of the judges of the court of common pleas,	2746
general division, is sick, absent, or unable to perform that	2747
judge's judicial duties or the volume of cases pending in the	2748
general division necessitates it, the duties of that judge of the	2749
general division shall be performed by the judge of the division	2750
of domestic relations and the judge of the juvenile division.	2751

(P) In Portage county, the judge of the court of common	2752
pleas, whose term begins January 2, 1987, and successors, shall	2753
have the same qualifications, exercise the same powers and	2754
jurisdiction, and receive the same compensation as the other	2755
judges of the court of common pleas of Portage county and shall be	2756
elected and designated as judge of the court of common pleas,	2757
division of domestic relations. The judge shall be assigned all	2758
divorce, dissolution of marriage, legal separation, and annulment	2759
cases coming before the court, except in cases that for some	2760
special reason are assigned to some other judge of the court of	2761
common pleas. The judge shall be charged with the assignment and	2762
division of the work of the division and with the employment and	2763
supervision of all other personnel of the domestic relations	2764
division.	2765

The judge also shall designate the title, compensation,	2766
expense allowances, hours, leaves of absence, and vacations of the	2767
personnel of the division and shall fix their duties. The duties	2768
of the personnel, in addition to other statutory duties, shall	2769
include the handling, servicing, and investigation of divorce,	2770
dissolution of marriage, legal separation, and annulment cases and	2771
providing any counseling and conciliation services that the	2772
division makes available to persons, whether or not the persons	2773
are parties to an action pending in the division, who request the	2774
services.	2775

(Q) In Clermont county, the judge of the court of common	2776
pleas, whose term begins January 2, 1987, and successors, shall	2777
have the same qualifications, exercise the same powers and	2778
jurisdiction, and receive the same compensation as the other	2779
judges of the court of common pleas of Clermont county and shall	2780
be elected and designated as judge of the court of common pleas,	2781
division of domestic relations. The judge shall be assigned all	2782
divorce, dissolution of marriage, legal separation, and annulment	2783
cases coming before the court, except in cases that for some	2784
special reason are assigned to some other judge of the court of	2785
common pleas. The judge shall be charged with the assignment and	2786
division of the work of the division and with the employment and	2787
supervision of all other personnel of the domestic relations	2788
division.	2789

The judge also shall designate the title, compensation,	2790
expense allowances, hours, leaves of absence, and vacations of the	2791
personnel of the division and shall fix their duties. The duties	2792
of the personnel, in addition to other statutory duties, shall	2793
include the handling, servicing, and investigation of divorce,	2794
dissolution of marriage, legal separation, and annulment cases and	2795
providing any counseling and conciliation services that the	2796
division makes available to persons, whether or not the persons	2797
are parties to an action pending in the division, who request the	2798
services.	2799

(R) In Warren county, the judge of the court of common	2800
pleas, whose term begins January 1, 1987, and successors, shall	2801
have the same qualifications, exercise the same powers and	2802
jurisdiction, and receive the same compensation as the other	2803
judges of the court of common pleas of Warren county and shall be	2804
elected and designated as judge of the court of common pleas,	2805
division of domestic relations. The judge shall be assigned all	2806
divorce, dissolution of marriage, legal separation, and annulment	2807
cases coming before the court, except in cases that for some	2808
special reason are assigned to some other judge of the court of	2809
common pleas. The judge shall be charged with the assignment and	2810
division of the work of the division and with the employment and	2811
supervision of all other personnel of the domestic relations	2812
division.	2813

The judge also shall designate the title, compensation,	2814
expense allowances, hours, leaves of absence, and vacations of the	2815
personnel of the division and shall fix their duties. The duties	2816
of the personnel, in addition to other statutory duties, shall	2817
include the handling, servicing, and investigation of divorce,	2818
dissolution of marriage, legal separation, and annulment cases and	2819
providing any counseling and conciliation services that the	2820
division makes available to persons, whether or not the persons	2821
are parties to an action pending in the division, who request the	2822
services.	2823

(S) In Licking county, the judge of the court of common	2824
pleas, whose term begins January 1, 1991, and successors, shall	2825
have the same qualifications, exercise the same powers and	2826
jurisdiction, and receive the same compensation as the other	2827
judges of the court of common pleas of Licking county and shall be	2828
elected and designated as judge of the court of common pleas,	2829
division of domestic relations. The judge shall be assigned all	2830
divorce, dissolution of marriage, legal separation, and annulment	2831
cases, all cases arising under Chapter 3111. of the Revised Code,	2832
all proceedings involving child support, the allocation of	2833
parental rights and responsibilities for the care of children and	2834
the designation for the children of a place of residence and legal	2835
custodian, parenting time, and visitation, and all post-decree	2836
proceedings and matters arising from those cases and proceedings,	2837
except in cases that for some special reason are assigned to	2838
another judge of the court of common pleas. The judge shall be	2839
charged with the assignment and division of the work of the	2840
division and with the employment and supervision of the personnel	2841
of the division.	2842

The judge shall designate the title, compensation, expense	2843
allowances, hours, leaves of absence, and vacations of the	2844
personnel of the division and shall fix the duties of the	2845
personnel of the division. The duties of the personnel of the	2846
division, in addition to other statutory duties, shall include the	2847
handling, servicing, and investigation of divorce, dissolution of	2848
marriage, legal separation, and annulment cases, cases arising	2849
under Chapter 3111. of the Revised Code, and proceedings involving	2850
child support, the allocation of parental rights and	2851
responsibilities for the care of children and the designation for	2852
the children of a place of residence and legal custodian,	2853
parenting time, and visitation and providing any counseling and	2854
conciliation services that the division makes available to	2855
persons, whether or not the persons are parties to an action	2856
pending in the division, who request the services.	2857

(T) In Allen county, the judge of the court of common pleas,	2858
whose term begins January 1, 1993, and successors, shall have the	2859
same qualifications, exercise the same powers and jurisdiction,	2860
and receive the same compensation as the other judges of the court	2861
of common pleas of Allen county and shall be elected and	2862
designated as judge of the court of common pleas, division of	2863
domestic relations. The judge shall be assigned all divorce,	2864
dissolution of marriage, legal separation, and annulment cases,	2865
all cases arising under Chapter 3111. of the Revised Code, all	2866
proceedings involving child support, the allocation of parental	2867
rights and responsibilities for the care of children and the	2868
designation for the children of a place of residence and legal	2869
custodian, parenting time, and visitation, and all post-decree	2870
proceedings and matters arising from those cases and proceedings,	2871
except in cases that for some special reason are assigned to	2872
another judge of the court of common pleas. The judge shall be	2873
charged with the assignment and division of the work of the	2874
division and with the employment and supervision of the personnel	2875
of the division.	2876

The judge shall designate the title, compensation, expense	2877
allowances, hours, leaves of absence, and vacations of the	2878
personnel of the division and shall fix the duties of the	2879
personnel of the division. The duties of the personnel of the	2880
division, in addition to other statutory duties, shall include the	2881
handling, servicing, and investigation of divorce, dissolution of	2882
marriage, legal separation, and annulment cases, cases arising	2883
under Chapter 3111. of the Revised Code, and proceedings involving	2884
child support, the allocation of parental rights and	2885
responsibilities for the care of children and the designation for	2886
the children of a place of residence and legal custodian,	2887
parenting time, and visitation, and providing any counseling and	2888
conciliation services that the division makes available to	2889
persons, whether or not the persons are parties to an action	2890
pending in the division, who request the services.	2891

(U) In Medina county, the judge of the court of common pleas	2892
whose term begins January 1, 1995, and successors, shall have the	2893
same qualifications, exercise the same powers and jurisdiction,	2894
and receive the same compensation as other judges of the court of	2895
common pleas of Medina county and shall be elected and designated	2896
as judge of the court of common pleas, division of domestic	2897
relations. The judge shall be assigned all divorce, dissolution	2898
of marriage, legal separation, and annulment cases, all cases	2899
arising under Chapter 3111. of the Revised Code, all proceedings	2900
involving child support, the allocation of parental rights and	2901
responsibilities for the care of children and the designation for	2902
the children of a place of residence and legal custodian,	2903
parenting time, and visitation, and all post-decree proceedings	2904
and matters arising from those cases and proceedings, except in	2905
cases that for some special reason are assigned to another judge	2906
of the court of common pleas. The judge shall be charged with the	2907
assignment and division of the work of the division and with the	2908
employment and supervision of the personnel of the division.	2909

The judge shall designate the title, compensation, expense	2910
allowances, hours, leaves of absence, and vacations of the	2911
personnel of the division and shall fix the duties of the	2912
personnel of the division. The duties of the personnel, in	2913
addition to other statutory duties, include the handling,	2914
servicing, and investigation of divorce, dissolution of marriage,	2915
legal separation, and annulment cases, cases arising under Chapter	2916
3111. of the Revised Code, and proceedings involving child	2917
support, the allocation of parental rights and responsibilities	2918
for the care of children and the designation for the children of a	2919
place of residence and legal custodian, parenting time, and	2920
visitation, and providing counseling and conciliation services	2921
that the division makes available to persons, whether or not the	2922
persons are parties to an action pending in the division, who	2923
request the services.	2924

(V) In Fairfield county, the judge of the court of common	2925
pleas whose term begins January 2, 1995, and successors, shall	2926
have the same qualifications, exercise the same powers and	2927
jurisdiction, and receive the same compensation as the other	2928
judges of the court of common pleas of Fairfield county and shall	2929
be elected and designated as judge of the court of common pleas,	2930
division of domestic relations. The judge shall be assigned all	2931
divorce, dissolution of marriage, legal separation, and annulment	2932
cases, all cases arising under Chapter 3111. of the Revised Code,	2933
all proceedings involving child support, the allocation of	2934
parental rights and responsibilities for the care of children and	2935
the designation for the children of a place of residence and legal	2936
custodian, parenting time, and visitation, and all post-decree	2937
proceedings and matters arising from those cases and proceedings,	2938
except in cases that for some special reason are assigned to	2939
another judge of the court of common pleas. The judge also has	2940
concurrent jurisdiction with the probate-juvenile division of the	2941
court of common pleas of Fairfield county with respect to and may	2942
hear cases to determine the custody of a child, as defined in	2943
section 2151.011 of the Revised Code, who is not the ward of	2944
another court of this state, cases that are commenced by a parent,	2945
guardian, or custodian of a child, as defined in section 2151.011	2946
of the Revised Code, to obtain an order requiring a parent of the	2947
child to pay child support for that child when the request for	2948
that order is not ancillary to an action for divorce, dissolution	2949
of marriage, annulment, or legal separation, a criminal or civil	2950
action involving an allegation of domestic violence, an action for	2951
support under Chapter 3115. of the Revised Code, or an action that	2952
is within the exclusive original jurisdiction of the	2953
probate-juvenile division of the court of common pleas of	2954
Fairfield county and that involves an allegation that the child is	2955
an abused, neglected, or dependent child, and post-decree	2956
proceedings and matters arising from those types of cases.	2957

The judge of the domestic relations division shall be charged	2958
with the assignment and division of the work of the division and	2959
with the employment and supervision of the personnel of the	2960
division.	2961

The judge shall designate the title, compensation, expense	2962
allowances, hours, leaves of absence, and vacations of the	2963
personnel of the division and shall fix the duties of the	2964
personnel of the division. The duties of the personnel of the	2965
division, in addition to other statutory duties, shall include the	2966
handling, servicing, and investigation of divorce, dissolution of	2967
marriage, legal separation, and annulment cases, cases arising	2968
under Chapter 3111. of the Revised Code, and proceedings involving	2969
child support, the allocation of parental rights and	2970
responsibilities for the care of children and the designation for	2971
the children of a place of residence and legal custodian,	2972
parenting time, and visitation, and providing any counseling and	2973
conciliation services that the division makes available to	2974
persons, regardless of whether the persons are parties to an	2975
action pending in the division, who request the services. When	2976
the judge hears a case to determine the custody of a child, as	2977
defined in section 2151.011 of the Revised Code, who is not the	2978
ward of another court of this state or a case that is commenced by	2979
a parent, guardian, or custodian of a child, as defined in section	2980
2151.011 of the Revised Code, to obtain an order requiring a	2981
parent of the child to pay child support for that child when the	2982
request for that order is not ancillary to an action for divorce,	2983
dissolution of marriage, annulment, or legal separation, a	2984
criminal or civil action involving an allegation of domestic	2985
violence, an action for support under Chapter 3115. of the Revised	2986
Code, or an action that is within the exclusive original	2987
jurisdiction of the probate-juvenile division of the court of	2988
common pleas of Fairfield county and that involves an allegation	2989
that the child is an abused, neglected, or dependent child, the	2990
duties of the personnel of the domestic relations division also	2991
include the handling, servicing, and investigation of those types	2992
of cases.	2993

(W)(1) In Clark county, the judge of the court of common	2994
pleas whose term begins on January 2, 1995, and successors, shall	2995
have the same qualifications, exercise the same powers and	2996
jurisdiction, and receive the same compensation as other judges of	2997
the court of common pleas of Clark county and shall be elected and	2998
designated as judge of the court of common pleas, domestic	2999
relations division. The judge shall have all the powers relating	3000
to juvenile courts, and all cases under Chapter 2151. of the	3001
Revised Code and all parentage proceedings under Chapter 3111. of	3002
the Revised Code over which the juvenile court has jurisdiction	3003
shall be assigned to the judge of the division of domestic	3004
relations. All divorce, dissolution of marriage, legal	3005
separation, annulment, uniform reciprocal support enforcement, and	3006
other cases related to domestic relations shall be assigned to the	3007
domestic relations division, and the presiding judge of the court	3008
of common pleas shall assign the cases to the judge of the	3009
domestic relations division and the judges of the general	3010
division.	3011

(2) In addition to the judge's regular duties, the judge of	3012
the division of domestic relations shall serve on the children	3013
services board and the county advisory board.	3014

(3) If the judge of the court of common pleas of Clark	3015
county, division of domestic relations, is sick, absent, or unable	3016
to perform that judge's judicial duties or if the presiding judge	3017
of the court of common pleas of Clark county determines that the	3018
volume of cases pending in the division of domestic relations	3019
necessitates it, the duties of the judge of the division of	3020
domestic relations shall be performed by the judges of the general	3021
division or probate division of the court of common pleas of Clark	3022
county, as assigned for that purpose by the presiding judge of	3023
that court, and the judges so assigned shall act in conjunction	3024
with the judge of the division of domestic relations of that	3025
court.	3026

(X) In Scioto county, the judge of the court of common pleas	3027
whose term begins January 2, 1995, and successors, shall have the	3028
same qualifications, exercise the same powers and jurisdiction,	3029
and receive the same compensation as other judges of the court of	3030
common pleas of Scioto county and shall be elected and designated	3031
as judge of the court of common pleas, division of domestic	3032
relations. The judge shall be assigned all divorce, dissolution	3033
of marriage, legal separation, and annulment cases, all cases	3034
arising under Chapter 3111. of the Revised Code, all proceedings	3035
involving child support, the allocation of parental rights and	3036
responsibilities for the care of children and the designation for	3037
the children of a place of residence and legal custodian,	3038
parenting time, visitation, and all post-decree proceedings and	3039
matters arising from those cases and proceedings, except in cases	3040
that for some special reason are assigned to another judge of the	3041
court of common pleas. The judge shall be charged with the	3042
assignment and division of the work of the division and with the	3043
employment and supervision of the personnel of the division.	3044

The judge shall designate the title, compensation, expense	3045
allowances, hours, leaves of absence, and vacations of the	3046
personnel of the division and shall fix the duties of the	3047
personnel of the division. The duties of the personnel, in	3048
addition to other statutory duties, include the handling,	3049
servicing, and investigation of divorce, dissolution of marriage,	3050
legal separation, and annulment cases, cases arising under Chapter	3051
3111. of the Revised Code, and proceedings involving child	3052
support, the allocation of parental rights and responsibilities	3053
for the care of children and the designation for the children of a	3054
place of residence and legal custodian, parenting time, and	3055
visitation, and providing counseling and conciliation services	3056
that the division makes available to persons, whether or not the	3057
persons are parties to an action pending in the division, who	3058
request the services.	3059

(Y) In Auglaize county, the judge of the probate and	3060
juvenile divisions of the Auglaize county court of common pleas	3061
also shall be the administrative judge of the domestic relations	3062
division of the court and shall be assigned all divorce,	3063
dissolution of marriage, legal separation, and annulment cases	3064
coming before the court. The judge shall have all powers as	3065
administrator of the domestic relations division and shall have	3066
charge of the personnel engaged in handling, servicing, or	3067
investigating divorce, dissolution of marriage, legal separation,	3068
and annulment cases, including any referees considered necessary	3069
for the discharge of the judge's various duties.	3070

(Z)(1) In Marion county, the judge of the court of common	3071
pleas whose term begins on February 9, 1999, and the successors to	3072
that judge, shall have the same qualifications, exercise the same	3073
powers and jurisdiction, and receive the same compensation as the	3074
other judges of the court of common pleas of Marion county and	3075
shall be elected and designated as judge of the court of common	3076
pleas, domestic relations-juvenile-probate division. Except as	3077
otherwise specified in this division, that judge, and the	3078
successors to that judge, shall have all the powers relating to	3079
juvenile courts, and all cases under Chapter 2151. of the Revised	3080
Code, all cases arising under Chapter 3111. of the Revised Code,	3081
all divorce, dissolution of marriage, legal separation, and	3082
annulment cases, all proceedings involving child support, the	3083
allocation of parental rights and responsibilities for the care of	3084
children and the designation for the children of a place of	3085
residence and legal custodian, parenting time, and visitation, and	3086
all post-decree proceedings and matters arising from those cases	3087
and proceedings shall be assigned to that judge and the successors	3088
to that judge. Except as provided in division (Z)(2) of this	3089
section and notwithstanding any other provision of any section of	3090
the Revised Code, on and after February 9, 2003, the judge of the	3091
court of common pleas of Marion county whose term begins on	3092
February 9, 1999, and the successors to that judge, shall have all	3093
the powers relating to the probate division of the court of common	3094
pleas of Marion county in addition to the powers previously	3095
specified in this division, and shall exercise concurrent	3096
jurisdiction with the judge of the probate division of that court	3097
over all matters that are within the jurisdiction of the probate	3098
division of that court under Chapter 2101., and other provisions,	3099
of the Revised Code in addition to the jurisdiction of the	3100
domestic relations-juvenile-probate division of that court	3101
otherwise specified in division (Z)(1) of this section.	3102

(2) The judge of the domestic relations-juvenile-probate	3103
division of the court of common pleas of Marion county or the	3104
judge of the probate division of the court of common pleas of	3105
Marion county, whichever of those judges is senior in total length	3106
of service on the court of common pleas of Marion county,	3107
regardless of the division or divisions of service, shall serve as	3108
the clerk of the probate division of the court of common pleas of	3109
Marion county.	3110

(3) On and after February 9, 2003, all references in law to	3111
"the probate court," "the probate judge," "the juvenile court," or	3112
"the judge of the juvenile court" shall be construed, with respect	3113
to Marion county, as being references to both "the probate	3114
division" and "the domestic relations-juvenile-probate division"	3115
and as being references to both "the judge of the probate	3116
division" and "the judge of the domestic relations-	3117
juvenile-probate division." On and after February 9, 2003, all	3118
references in law to "the clerk of the probate court" shall be	3119
construed, with respect to Marion county, as being references to	3120
the judge who is serving pursuant to division (Z)(2) of this	3121
section as the clerk of the probate division of the court of	3122
common pleas of Marion county.	3123

(AA) If a judge of the court of common pleas, division of	3124
domestic relations, or juvenile judge, of any of the counties	3125
mentioned in this section is sick, absent, or unable to perform	3126
that judge's judicial duties or the volume of cases pending in the	3127
judge's division necessitates it, the duties of that judge shall	3128
be performed by another judge of the court of common pleas of that	3129
county, assigned for that purpose by the presiding judge of the	3130
court of common pleas of that county to act in place of or in	3131
conjunction with that judge, as the case may require.	3132

Sec. 2301.99. Whoever violates section 2301.33 ~~or division~~	3133
~~(B) of section 2301.39~~ of the Revised Code shall be fined not less	3134
than fifty nor more than two hundred dollars and imprisoned not	3135
less than ten nor more than thirty days.	3136

Sec. 2317.02. The following persons shall not testify in	3137
certain respects:	3138

(A) An attorney, concerning a communication made to the	3139
attorney by a client in that relation or the attorney's advice to	3140
a client, except that the attorney may testify by express consent	3141
of the client or, if the client is deceased, by the express	3142
consent of the surviving spouse or the executor or administrator	3143
of the estate of the deceased client and except that, if the	3144
client voluntarily testifies or is deemed by section 2151.421 of	3145
the Revised Code to have waived any testimonial privilege under	3146
this division, the attorney may be compelled to testify on the	3147
same subject;	3148

(B)(1) A physician or a dentist concerning a communication	3149
made to the physician or dentist by a patient in that relation or	3150
the physician's or dentist's advice to a patient, except as	3151
otherwise provided in this division, division (B)(2), and division	3152
(B)(3) of this section, and except that, if the patient is deemed	3153
by section 2151.421 of the Revised Code to have waived any	3154
testimonial privilege under this division, the physician may be	3155
compelled to testify on the same subject.	3156

The testimonial privilege established under this division	3157
does not apply, and a physician or dentist may testify or may be	3158
compelled to testify, in any of the following circumstances:	3159

(a) In any civil action, in accordance with the discovery	3160
provisions of the Rules of Civil Procedure in connection with a	3161
civil action, or in connection with a claim under Chapter 4123. of	3162
the Revised Code, under any of the following circumstances:	3163

(i) If the patient or the guardian or other legal	3164
representative of the patient gives express consent;	3165

(ii) If the patient is deceased, the spouse of the patient	3166
or the executor or administrator of the patient's estate gives	3167
express consent;	3168

(iii) If a medical claim, dental claim, chiropractic claim,	3169
or optometric claim, as defined in section 2305.11 of the Revised	3170
Code, an action for wrongful death, any other type of civil	3171
action, or a claim under Chapter 4123. of the Revised Code is	3172
filed by the patient, the personal representative of the estate of	3173
the patient if deceased, or the patient's guardian or other legal	3174
representative.	3175

(b) In any criminal action concerning any test or the	3176
results of any test that determines the presence or concentration	3177
of alcohol, a drug of abuse, or alcohol and a drug of abuse in the	3178
patient's blood, breath, urine, or other bodily substance at any	3179
time relevant to the criminal offense in question.	3180

(c) In any criminal action against a physician or dentist.	3181
In such an action, the testimonial privilege established under	3182
this division does not prohibit the admission into evidence, in	3183
accordance with the Rules of Evidence, of a patient's medical or	3184
dental records or other communications between a patient and the	3185
physician or dentist that are related to the action and obtained	3186
by subpoena, search warrant, or other lawful means. A court that	3187
permits or compels a physician or dentist to testify in such an	3188
action or permits the introduction into evidence of patient	3189
records or other communications in such an action shall require	3190
that appropriate measures be taken to ensure that the	3191
confidentiality of any patient named or otherwise identified in	3192
the records is maintained. Measures to ensure confidentiality	3193
that may be taken by the court include sealing its records or	3194
deleting specific information from its records.	3195

(2)(a) If any law enforcement officer submits a written	3196
statement to a health care provider that states that an official	3197
criminal investigation has begun regarding a specified person or	3198
that a criminal action or proceeding has been commenced against a	3199
specified person, that requests the provider to supply to the	3200
officer copies of any records the provider possesses that pertain	3201
to any test or the results of any test administered to the	3202
specified person to determine the presence or concentration of	3203
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	3204
person's blood, breath, or urine at any time relevant to the	3205
criminal offense in question, and that conforms to section	3206
2317.022 of the Revised Code, the provider, except to the extent	3207
specifically prohibited by any law of this state or of the United	3208
States, shall supply to the officer a copy of any of the requested	3209
records the provider possesses. If the health care provider does	3210
not possess any of the requested records, the provider shall give	3211
the officer a written statement that indicates that the provider	3212
does not possess any of the requested records.	3213

(b) If a health care provider possesses any records of the	3214
type described in division (B)(2)(a) of this section regarding the	3215
person in question at any time relevant to the criminal offense in	3216
question, in lieu of personally testifying as to the results of	3217
the test in question, the custodian of the records may submit a	3218
certified copy of the records, and, upon its submission, the	3219
certified copy is qualified as authentic evidence and may be	3220
admitted as evidence in accordance with the Rules of Evidence.	3221
Division (A) of section 2317.422 of the Revised Code does not	3222
apply to any certified copy of records submitted in accordance	3223
with this division. Nothing in this division shall be construed	3224
to limit the right of any party to call as a witness the person	3225
who administered the test to which the records pertain, the person	3226
under whose supervision the test was administered, the custodian	3227
of the records, the person who made the records, or the person	3228
under whose supervision the records were made.	3229

(3)(a) If the testimonial privilege described in division	3230
(B)(1) of this section does not apply as provided in division	3231
(B)(1)(a)(iii) of this section, a physician or dentist may be	3232
compelled to testify or to submit to discovery under the Rules of	3233
Civil Procedure only as to a communication made to the physician	3234
or dentist by the patient in question in that relation, or the	3235
physician's or dentist's advice to the patient in question, that	3236
related causally or historically to physical or mental injuries	3237
that are relevant to issues in the medical claim, dental claim,	3238
chiropractic claim, or optometric claim, action for wrongful	3239
death, other civil action, or claim under Chapter 4123. of the	3240
Revised Code.	3241

(b) If the testimonial privilege described in division	3242
(B)(1) of this section does not apply to a physician or dentist as	3243
provided in division (B)(1)(b) of this section, the physician or	3244
dentist, in lieu of personally testifying as to the results of the	3245
test in question, may submit a certified copy of those results,	3246
and, upon its submission, the certified copy is qualified as	3247
authentic evidence and may be admitted as evidence in accordance	3248
with the Rules of Evidence. Division (A) of section 2317.422 of	3249
the Revised Code does not apply to any certified copy of results	3250
submitted in accordance with this division. Nothing in this	3251
division shall be construed to limit the right of any party to	3252
call as a witness the person who administered the test in	3253
question, the person under whose supervision the test was	3254
administered, the custodian of the results of the test, the person	3255
who compiled the results, or the person under whose supervision	3256
the results were compiled.	3257

(4) The testimonial privilege described in division (B)(1)	3258
of this section is not waived when a communication is made by a	3259
physician to a pharmacist or when there is communication between a	3260
patient and a pharmacist in furtherance of the physician-patient	3261
relation.	3262

(5)(a) As used in divisions (B)(1) to (4) of this section,	3263
"communication" means acquiring, recording, or transmitting any	3264
information, in any manner, concerning any facts, opinions, or	3265
statements necessary to enable a physician or dentist to diagnose,	3266
treat, prescribe, or act for a patient. A "communication" may	3267
include, but is not limited to, any medical or dental, office, or	3268
hospital communication such as a record, chart, letter,	3269
memorandum, laboratory test and results, x-ray, photograph,	3270
financial statement, diagnosis, or prognosis.	3271

(b) As used in division (B)(2) of this section, "health care	3272
provider" has the same meaning as in section 3729.01 of the	3273
Revised Code.	3274

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	3275
apply to doctors of medicine, doctors of osteopathic medicine,	3276
doctors of podiatry, and dentists.	3277

(7) Nothing in divisions (B)(1) to (6) of this section	3278
affects, or shall be construed as affecting, the immunity from	3279
civil liability conferred by section 307.628 or 2305.33 of the	3280
Revised Code upon physicians who report an employee's use of a	3281
drug of abuse, or a condition of an employee other than one	3282
involving the use of a drug of abuse, to the employer of the	3283
employee in accordance with division (B) of that section. As used	3284
in division (B)(7) of this section, "employee," "employer," and	3285
"physician" have the same meanings as in section 2305.33 of the	3286
Revised Code.	3287

(C) A member of the clergy, rabbi, priest, or regularly	3288
ordained, accredited, or licensed minister of an established and	3289
legally cognizable church, denomination, or sect, when the member	3290
of the clergy, rabbi, priest, or minister remains accountable to	3291
the authority of that church, denomination, or sect, concerning a	3292
confession made, or any information confidentially communicated,	3293
to the member of the clergy, rabbi, priest, or minister for a	3294
religious counseling purpose in the member of the clergy's,	3295
rabbi's, priest's, or minister's professional character; however,	3296
the member of the clergy, rabbi, priest, or minister may testify	3297
by express consent of the person making the communication, except	3298
when the disclosure of the information is in violation of a sacred	3299
trust;	3300

(D) Husband or wife, concerning any communication made by	3301
one to the other, or an act done by either in the presence of the	3302
other, during coverture, unless the communication was made, or act	3303
done, in the known presence or hearing of a third person competent	3304
to be a witness; and such rule is the same if the marital relation	3305
has ceased to exist;	3306

(E) A person who assigns a claim or interest, concerning any	3307
matter in respect to which the person would not, if a party, be	3308
permitted to testify;	3309

(F) A person who, if a party, would be restricted under	3310
section 2317.03 of the Revised Code, when the property or thing is	3311
sold or transferred by an executor, administrator, guardian,	3312
trustee, heir, devisee, or legatee, shall be restricted in the	3313
same manner in any action or proceeding concerning the property or	3314
thing.	3315

(G)(1) A school guidance counselor who holds a valid	3316
educator license from the state board of education as provided for	3317
in section 3319.22 of the Revised Code, a person licensed under	3318
Chapter 4757. of the Revised Code as a professional clinical	3319
counselor, professional counselor, social worker, or independent	3320
social worker, or registered under Chapter 4757. of the Revised	3321
Code as a social work assistant concerning a confidential	3322
communication received from a client in that relation or the	3323
person's advice to a client unless any of the following applies:	3324

(a) The communication or advice indicates clear and present	3325
danger to the client or other persons. For the purposes of this	3326
division, cases in which there are indications of present or past	3327
child abuse or neglect of the client constitute a clear and	3328
present danger.	3329

(b) The client gives express consent to the testimony.

3330

(c) If the client is deceased, the surviving spouse or the	3331
executor or administrator of the estate of the deceased client	3332
gives express consent.	3333

(d) The client voluntarily testifies, in which case the	3334
school guidance counselor or person licensed or registered under	3335
Chapter 4757. of the Revised Code may be compelled to testify on	3336
the same subject.	3337

(e) The court in camera determines that the information	3338
communicated by the client is not germane to the counselor-client	3339
or social worker-client relationship.	3340

(f) A court, in an action brought against a school, its	3341
administration, or any of its personnel by the client, rules after	3342
an in-camera inspection that the testimony of the school guidance	3343
counselor is relevant to that action.	3344

(2) Nothing in division (G)(1) of this section shall relieve	3345
a school guidance counselor or a person licensed or registered	3346
under Chapter 4757. of the Revised Code from the requirement to	3347
report information concerning child abuse or neglect under section	3348
2151.421 of the Revised Code.	3349

(H) A mediator acting under a mediation order issued under	3350
division (A) of section 3109.052 of the Revised Code or otherwise	3351
issued in any proceeding for divorce, dissolution, legal	3352
separation, annulment, or the allocation of parental rights and	3353
responsibilities for the care of children, in any action or	3354
proceeding, other than a criminal, delinquency, child abuse, child	3355
neglect, or dependent child action or proceeding, that is brought	3356
by or against either parent who takes part in mediation in	3357
accordance with the order and that pertains to the mediation	3358
process, to any information discussed or presented in the	3359
mediation process, to the allocation of parental rights and	3360
responsibilities for the care of the parents' children, or to the	3361
awarding of ~~visitation~~parenting time rights in relation to their	3362
children;	3363

(I) A communications assistant, acting within the scope of	3364
the communication assistant's authority, when providing	3365
telecommunications relay service pursuant to section 4931.35 of	3366
the Revised Code or Title II of the "Communications Act of 1934,"	3367
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	3368
made through a telecommunications relay service. Nothing in this	3369
section shall limit the obligation of a communications assistant	3370
to divulge information or testify when mandated by federal law or	3371
regulation or pursuant to subpoena in a criminal proceeding.	3372

Nothing in this section shall limit any immunity or privilege	3373
granted under federal law or regulation.	3374

Sec. 2329.66. (A) Every person who is domiciled in this	3375
state may hold property exempt from execution, garnishment,	3376
attachment, or sale to satisfy a judgment or order, as follows:	3377

(1)(a) In the case of a judgment or order regarding money	3378
owed for health care services rendered or health care supplies	3379
provided to the person or a dependent of the person, one parcel or	3380
item of real or personal property that the person or a dependent	3381
of the person uses as a residence. Division (A)(1)(a) of this	3382
section does not preclude, affect, or invalidate the creation	3383
under this chapter of a judgment lien upon the exempted property	3384
but only delays the enforcement of the lien until the property is	3385
sold or otherwise transferred by the owner or in accordance with	3386
other applicable laws to a person or entity other than the	3387
surviving spouse or surviving minor children of the judgment	3388
debtor. Every person who is domiciled in this state may hold	3389
exempt from a judgment lien created pursuant to division (A)(1)(a)	3390
of this section the person's interest, not to exceed five thousand	3391
dollars, in the exempted property.	3392

(b) In the case of all other judgments and orders, the	3393
person's interest, not to exceed five thousand dollars, in one	3394
parcel or item of real or personal property that the person or a	3395
dependent of the person uses as a residence.	3396

(2) The person's interest, not to exceed one thousand	3397
dollars, in one motor vehicle;	3398

(3) The person's interest, not to exceed two hundred dollars	3399
in any particular item, in wearing apparel, beds, and bedding, and	3400
the person's interest, not to exceed three hundred dollars in each	3401
item, in one cooking unit and one refrigerator or other food	3402
preservation unit;	3403

(4)(a) The person's interest, not to exceed four hundred	3404
dollars, in cash on hand, money due and payable, money to become	3405
due within ninety days, tax refunds, and money on deposit with a	3406
bank, savings and loan association, credit union, public utility,	3407
landlord, or other person. Division (A)(4)(a) of this section	3408
applies only in bankruptcy proceedings. This exemption may	3409
include the portion of personal earnings that is not exempt under	3410
division (A)(13) of this section.	3411

(b) Subject to division (A)(4)(d) of this section, the	3412
person's interest, not to exceed two hundred dollars in any	3413
particular item, in household furnishings, household goods,	3414
appliances, books, animals, crops, musical instruments, firearms,	3415
and hunting and fishing equipment, that are held primarily for the	3416
personal, family, or household use of the person;	3417

(c) Subject to division (A)(4)(d) of this section, the	3418
person's interest in one or more items of jewelry, not to exceed	3419
four hundred dollars in one item of jewelry and not to exceed two	3420
hundred dollars in every other item of jewelry;	3421

(d) Divisions (A)(4)(b) and (c) of this section do not	3422
include items of personal property listed in division (A)(3) of	3423
this section.	3424

If the person does not claim an exemption under division	3425
(A)(1) of this section, the total exemption claimed under division	3426
(A)(4)(b) of this section shall be added to the total exemption	3427
claimed under division (A)(4)(c) of this section, and the total	3428
shall not exceed two thousand dollars. If the person claims an	3429
exemption under division (A)(1) of this section, the total	3430
exemption claimed under division (A)(4)(b) of this section shall	3431
be added to the total exemption claimed under division (A)(4)(c)	3432
of this section, and the total shall not exceed one thousand five	3433
hundred dollars.	3434

(5) The person's interest, not to exceed an aggregate of	3435
seven hundred fifty dollars, in all implements, professional	3436
books, or tools of the person's profession, trade, or business,	3437
including agriculture;	3438

(6)(a) The person's interest in a beneficiary fund set	3439
apart, appropriated, or paid by a benevolent association or	3440
society, as exempted by section 2329.63 of the Revised Code;	3441

(b) The person's interest in contracts of life or endowment	3442
insurance or annuities, as exempted by section 3911.10 of the	3443
Revised Code;	3444

(c) The person's interest in a policy of group insurance or	3445
the proceeds of a policy of group insurance, as exempted by	3446
section 3917.05 of the Revised Code;	3447

(d) The person's interest in money, benefits, charity,	3448
relief, or aid to be paid, provided, or rendered by a fraternal	3449
benefit society, as exempted by section 3921.18 of the Revised	3450
Code;	3451

(e) The person's interest in the portion of benefits under	3452
policies of sickness and accident insurance and in lump-sum	3453
payments for dismemberment and other losses insured under those	3454
policies, as exempted by section 3923.19 of the Revised Code.	3455

(7) The person's professionally prescribed or medically	3456
necessary health aids;	3457

(8) The person's interest in a burial lot, including, but	3458
not limited to, exemptions under section 517.09 or 1721.07 of the	3459
Revised Code;	3460

(9) The person's interest in the following:

3461

(a) Moneys paid or payable for living maintenance or rights,	3462
as exempted by section 3304.19 of the Revised Code;	3463

(b) Workers' compensation, as exempted by section 4123.67 of	3464
the Revised Code;	3465

(c) Unemployment compensation benefits, as exempted by	3466
section 4141.32 of the Revised Code;	3467

(d) Cash assistance payments under the Ohio works first	3468
program, as exempted by section 5107.75 of the Revised Code;	3469

(e) Disability assistance payments, as exempted by section	3470
5115.07 of the Revised Code.	3471

(10)(a) Except in cases in which the person was convicted of	3472
or pleaded guilty to a violation of section 2921.41 of the Revised	3473
Code and in which an order for the withholding of restitution from	3474
payments was issued under division (C)(2)(b) of that section or in	3475
cases in which an order for withholding was issued under section	3476
2907.15 of the Revised Code, and only to the extent provided in	3477
the order, and except as provided in sections 3105.171, 3105.63,	3478
~~3111.23, and 3113.21~~3119.80, 3119.81, 3121.02, 3121.03,and	3479
3123.06 of the Revised Code, the person's right to a pension,	3480
benefit, annuity, retirement allowance, or accumulated	3481
contributions, the person's right to a participant account in any	3482
deferred compensation program offered by the Ohio public employees	3483
deferred compensation board, a government unit, or a municipal	3484
corporation, or the person's other accrued or accruing rights, as	3485
exempted by section 145.56, 146.13, 148.09, 742.47, 3307.41,	3486
3309.66, or 5505.22 of the Revised Code, and the person's right to	3487
benefits from the Ohio public safety officers death benefit fund;	3488

(b) Except as provided in sections ~~3111.23~~3119.80, 3119.81,	3489
3121.02, 3121.03, and ~~3113.21~~3123.06 of the Revised Code, the	3490
person's right to receive a payment under any pension, annuity, or	3491
similar plan or contract, not including a payment from a stock	3492
bonus or profit-sharing plan or a payment included in division	3493
(A)(6)(b) or (10)(a) of this section, on account of illness,	3494
disability, death, age, or length of service, to the extent	3495
reasonably necessary for the support of the person and any of the	3496
person's dependents, except if all the following apply:	3497

(i) The plan or contract was established by or under the	3498
auspices of an insider that employed the person at the time the	3499
person's rights under the plan or contract arose.	3500

(ii) The payment is on account of age or length of service.

3501

(iii) The plan or contract is not qualified under the	3502
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	3503
amended.	3504

(c) Except for any portion of the assets that were deposited	3505
for the purpose of evading the payment of any debt and except as	3506
provided in sections ~~3111.23~~3119.80, 3119.81, 3121.02, 3121.03,	3507
and ~~3113.21~~3123.06 of the Revised Code, the person's right in the	3508
assets held in, or to receive any payment under, any individual	3509
retirement account, individual retirement annuity, "Roth IRA," or	3510
education individual retirement account that provides benefits by	3511
reason of illness, disability, death, or age, to the extent that	3512
the assets, payments, or benefits described in division (A)(10)(c)	3513
of this section are attributable to any of the following:	3514

(i) Contributions of the person that were less than or equal	3515
to the applicable limits on deductible contributions to an	3516
individual retirement account or individual retirement annuity in	3517
the year that the contributions were made, whether or not the	3518
person was eligible to deduct the contributions on the person's	3519
federal tax return for the year in which the contributions were	3520
made;	3521

(ii) Contributions of the person that were less than or	3522
equal to the applicable limits on contributions to a Roth IRA or	3523
education individual retirement account in the year that the	3524
contributions were made;	3525

(iii) Contributions of the person that are within the	3526
applicable limits on rollover contributions under subsections 219,	3527
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	3528
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	3529
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	3530

(d) Except for any portion of the assets that were deposited	3531
for the purpose of evading the payment of any debt and except as	3532
provided in sections ~~3111.23~~3119.80, 3119.81, 3121.02, 3121.03,	3533
and ~~3113.21~~3123.06 of the Revised Code, the person's right in the	3534
assets held in, or to receive any payment under, any Keogh or	3535
"H.R. 10" plan that provides benefits by reason of illness,	3536
disability, death, or age, to the extent reasonably necessary for	3537
the support of the person and any of the person's dependents.	3538

(11) The person's right to receive spousal support, child	3539
support, an allowance, or other maintenance to the extent	3540
reasonably necessary for the support of the person and any of the	3541
person's dependents;	3542

(12) The person's right to receive, or moneys received	3543
during the preceding twelve calendar months from, any of the	3544
following:	3545

(a) An award of reparations under sections 2743.51 to	3546
2743.72 of the Revised Code, to the extent exempted by division	3547
(D) of section 2743.66 of the Revised Code;	3548

(b) A payment on account of the wrongful death of an	3549
individual of whom the person was a dependent on the date of the	3550
individual's death, to the extent reasonably necessary for the	3551
support of the person and any of the person's dependents;	3552

(c) Except in cases in which the person who receives the	3553
payment is an inmate, as defined in section 2969.21 of the Revised	3554
Code, and in which the payment resulted from a civil action or	3555
appeal against a government entity or employee, as defined in	3556
section 2969.21 of the Revised Code, a payment, not to exceed five	3557
thousand dollars, on account of personal bodily injury, not	3558
including pain and suffering or compensation for actual pecuniary	3559
loss, of the person or an individual for whom the person is a	3560
dependent;	3561

(d) A payment in compensation for loss of future earnings of	3562
the person or an individual of whom the person is or was a	3563
dependent, to the extent reasonably necessary for the support of	3564
the debtor and any of the debtor's dependents.	3565

(13) Except as provided in sections ~~3111.23~~3119.80,	3566
3119.81, 3121.02, 3121.03, and ~~3113.21~~3123.06 of the Revised	3567
Code, personal earnings of the person owed to the person for	3568
services in an amount equal to the greater of the following	3569
amounts:	3570

(a) If paid weekly, thirty times the current federal minimum	3571
hourly wage; if paid biweekly, sixty times the current federal	3572
minimum hourly wage; if paid semimonthly, sixty-five times the	3573
current federal minimum hourly wage; or if paid monthly, one	3574
hundred thirty times the current federal minimum hourly wage that	3575
is in effect at the time the earnings are payable, as prescribed	3576
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	3577
U.S.C. 206(a)(1), as amended;	3578

(b) Seventy-five per cent of the disposable earnings owed to	3579
the person.	3580

(14) The person's right in specific partnership property, as	3581
exempted by division (B)(3) of section 1775.24 of the Revised	3582
Code;	3583

(15) A seal and official register of a notary public, as	3584
exempted by section 147.04 of the Revised Code;	3585

(16) The person's interest in a tuition credit or a payment	3586
under section 3334.09 of the Revised Code pursuant to a tuition	3587
credit contract, as exempted by section 3334.15 of the Revised	3588
Code;	3589

(17) Any other property that is specifically exempted from	3590
execution, attachment, garnishment, or sale by federal statutes	3591
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	3592
U.S.C.A. 101, as amended;	3593

(18) The person's interest, not to exceed four hundred	3594
dollars, in any property, except that division (A)(18) of this	3595
section applies only in bankruptcy proceedings.	3596

(B) As used in this section:

3597

(1) "Disposable earnings" means net earnings after the	3598
garnishee has made deductions required by law, excluding the	3599
deductions ordered pursuant to section ~~3111.23~~3119.80, 3119.81,	3600
3121.02, 3121.03, or ~~3113.21~~3123.06 of the Revised Code.	3601

(2) "Insider" means:

3602

(a) If the person who claims an exemption is an individual,	3603
a relative of the individual, a relative of a general partner of	3604
the individual, a partnership in which the individual is a general	3605
partner, a general partner of the individual, or a corporation of	3606
which the individual is a director, officer, or in control;	3607

(b) If the person who claims an exemption is a corporation,	3608
a director or officer of the corporation; a person in control of	3609
the corporation; a partnership in which the corporation is a	3610
general partner; a general partner of the corporation; or a	3611
relative of a general partner, director, officer, or person in	3612
control of the corporation;	3613

(c) If the person who claims an exemption is a partnership,	3614
a general partner in the partnership; a general partner of the	3615
partnership; a person in control of the partnership; a partnership	3616
in which the partnership is a general partner; or a relative in, a	3617
general partner of, or a person in control of the partnership;	3618

(d) An entity or person to which or whom any of the	3619
following applies:	3620

(i) The entity directly or indirectly owns, controls, or	3621
holds with power to vote, twenty per cent or more of the	3622
outstanding voting securities of the person who claims an	3623
exemption, unless the entity holds the securities in a fiduciary	3624
or agency capacity without sole discretionary power to vote the	3625
securities or holds the securities solely to secure to debt and	3626
the entity has not in fact exercised the power to vote.	3627

(ii) The entity is a corporation, twenty per cent or more of	3628
whose outstanding voting securities are directly or indirectly	3629
owned, controlled, or held with power to vote, by the person who	3630
claims an exemption or by an entity to which division (B)(2)(d)(i)	3631
of this section applies.	3632

(iii) A person whose business is operated under a lease or	3633
operating agreement by the person who claims an exemption, or a	3634
person substantially all of whose business is operated under an	3635
operating agreement with the person who claims an exemption.	3636

(iv) The entity operates the business or all or	3637
substantially all of the property of the person who claims an	3638
exemption under a lease or operating agreement.	3639

(e) An insider, as otherwise defined in this section, of a	3640
person or entity to which division (B)(2)(d)(i), (ii), (iii), or	3641
(iv) of this section applies, as if the person or entity were a	3642
person who claims an exemption;	3643

(f) A managing agent of the person who claims an exemption.

3644

(3) "Participant account" has the same meaning as in section	3645
148.01 of the Revised Code.	3646

(4) "Government unit" has the same meaning as in section	3647
148.06 of the Revised Code.	3648

(C) For purposes of this section, "interest" shall be	3649
determined as follows:	3650

(1) In bankruptcy proceedings, as of the date a petition is	3651
filed with the bankruptcy court commencing a case under Title 11	3652
of the United States Code;	3653

(2) In all cases other than bankruptcy proceedings, as of	3654
the date of an appraisal, if necessary under section 2329.68 of	3655
the Revised Code, or the issuance of a writ of execution.	3656

An interest, as determined under division (C)(1) or (2) of	3657
this section, shall not include the amount of any lien otherwise	3658
valid pursuant to section 2329.661 of the Revised Code.	3659

Sec. 2705.02. A person guilty of any of the following acts	3660
may be punished as for a contempt:	3661

(A) Disobedience of, or resistance to, a lawful writ,	3662
process, order, rule, judgment, or command of a court or officer;	3663

(B) Misbehavior of an officer of the court in the	3664
performance of official duties, or in official transactions;	3665

(C) A failure to obey a subpoena duly served, or a refusal	3666
to be sworn or to answer as a witness, when lawfully required;	3667

(D) The rescue, or attempted rescue, of a person or of	3668
property in the custody of an officer by virtue of an order or	3669
process of court held by the officer;	3670

(E) A failure upon the part of a person recognized to appear	3671
as a witness in a court to appear in compliance with the terms of	3672
the person's recognizance;	3673

(F) A failure to comply with an order issued pursuant to	3674
section ~~3111.20, 3111.211, or 3111.22~~3109.19or3111.81 of the	3675
Revised Code ~~or a withholding or deduction notice issued under~~	3676
~~section 3111.23 of the Revised Code~~;	3677

(G) A failure to obey a subpoena issued by the department of	3678
job and family services or a child support enforcement agency	3679
pursuant to section 5101.37 of the Revised Code;	3680

(H) A willful failure to submit to genetic testing, or a	3681
willful failure to submit a child to genetic testing, as required	3682
by an order for genetic testing issued under section ~~3111.22~~	3683
3111.41 of the Revised Code.	3684

Sec. 2705.031. (A) As used in this section, "Title IV-D	3685
case" has the same meaning as in section ~~3113.21~~3125.01 of the	3686
Revised Code.	3687

(B)(1) Any party who has a legal claim to any support	3688
ordered for a child, spouse, or former spouse may initiate a	3689
contempt action for failure to pay the support. In Title IV-D	3690
cases, the contempt action for failure to pay support also may be	3691
initiated by an attorney retained by the party who has the legal	3692
claim, the prosecuting attorney, or an attorney of the department	3693
of job and family services or the child support enforcement	3694
agency.	3695

(2) Any parent who is granted parenting time rights under a	3696
parenting time order or decree issued pursuant to section 3109.051	3697
or 3109.12 of the Revised Code, any person who is granted	3698
visitation rights under a visitation order or decree issued	3699
pursuant to section 3109.051, 3109.11, or 3109.12 of the Revised	3700
Code or pursuant to any other provision of the Revised Code, or	3701
any other person who is subject to any parenting time or	3702
visitation order or decree, may initiate a contempt action for a	3703
failure to comply with, or an interference with, the order or	3704
decree.	3705

(C) In any contempt action initiated pursuant to division	3706
(B) of this section, the accused shall appear upon the summons and	3707
order to appear that is issued by the court. The summons shall	3708
include all of the following:	3709

(1) Notice that failure to appear may result in the issuance	3710
of an order of arrest, and in cases involving alleged failure to	3711
pay support, the issuance of an order for the payment of support	3712
by withholding an amount from the personal earnings of the accused	3713
or by withholding or deducting an amount from some other asset of	3714
the accused;	3715

(2) Notice that the accused has a right to counsel, and that	3716
if indigent, the accused must apply for a public defender or court	3717
appointed counsel within three business days after receipt of the	3718
summons;	3719

(3) Notice that the court may refuse to grant a continuance	3720
at the time of the hearing for the purpose of the accused	3721
obtaining counsel, if the accused fails to make a good faith	3722
effort to retain counsel or to obtain a public defender;	3723

(4) Notice of the potential penalties that could be imposed	3724
upon the accused, if the accused is found guilty of contempt for	3725
failure to pay support or for a failure to comply with, or an	3726
interference with, a parenting time or visitation order or decree.	3727

(D) If the accused is served as required by the Rules of	3728
Civil Procedure or by any special statutory proceedings that are	3729
relevant to the case, the court may order the attachment of the	3730
person of the accused upon failure to appear as ordered by the	3731
court.	3732

(E) The imposition of any penalty for contempt under section	3733
2705.05 of the Revised Code shall not eliminate any obligation of	3734
the accused to pay any past, present, or future support obligation	3735
or any obligation of the accused to comply with or refrain from	3736
interfering with the parenting time or visitation order or decree.	3737
The court shall have jurisdiction to make a finding of contempt	3738
for the failure to pay support and to impose the penalties set	3739
forth in section 2705.05 of the Revised Code in all cases in which	3740
past due support is at issue even if the duty to pay support has	3741
terminated, and shall have jurisdiction to make a finding of	3742
contempt for a failure to comply with, or an interference with, a	3743
parenting time or visitation order or decree and to impose the	3744
penalties set forth in section 2705.05 of the Revised Code in all	3745
cases in which the failure or interference is at issue even if the	3746
parenting time or visitation order or decree no longer is in	3747
effect.	3748

Sec. 2716.01. (A) A person who obtains a judgment against	3749
another person may garnish the personal earnings of the person	3750
against whom judgment was obtained only through a proceeding in	3751
garnishment of personal earnings and only in accordance with this	3752
chapter.	3753

(B) A person who obtains a judgment against another person	3754
may garnish the property, other than personal earnings, of the	3755
person against whom judgment was obtained, if the property is in	3756
the possession of a person other than the person against whom	3757
judgment was obtained, only through a proceeding in garnishment	3758
and only in accordance with this chapter.	3759

3760

(1) "Employer" means a person who is required to withhold	3761
taxes out of payments of personal earnings made to a judgment	3762
debtor.	3763

(2) "Personal earnings" means money, or any other	3764
consideration or thing of value, that is paid or due to a person	3765
in exchange for work, labor, or personal services provided by the	3766
person to an employer.	3767

(3) "Judgment creditor" means a person who has obtained a	3768
judgment in a civil action against another person.	3769

(4) "Judgment debtor" means a person against whom a judgment	3770
has been obtained in a civil action.	3771

(5) "Support order" has the same meaning as in section	3772
~~3113.21~~3119.01 of the Revised Code.	3773

Sec. 2919.22. (A) No person, who is the parent, guardian,	3774
custodian, person having custody or control, or person in loco	3775
parentis of a child under eighteen years of age or a mentally or	3776
physically handicapped child under twenty-one years of age, shall	3777
create a substantial risk to the health or safety of the child, by	3778
violating a duty of care, protection, or support. It is not a	3779
violation of a duty of care, protection, or support under this	3780
division when the parent, guardian, custodian, or person having	3781
custody or control of a child treats the physical or mental	3782
illness or defect of the child by spiritual means through prayer	3783
alone, in accordance with the tenets of a recognized religious	3784
body.	3785

(B) No person shall do any of the following to a child under	3786
eighteen years of age or a mentally or physically handicapped	3787
child under twenty-one years of age:	3788

(1) Abuse the child;

3789

(2) Torture or cruelly abuse the child;

3790

(3) Administer corporal punishment or other physical	3791
disciplinary measure, or physically restrain the child in a cruel	3792
manner or for a prolonged period, which punishment, discipline, or	3793
restraint is excessive under the circumstances and creates a	3794
substantial risk of serious physical harm to the child;	3795

(4) Repeatedly administer unwarranted disciplinary measures	3796
to the child, when there is a substantial risk that such conduct,	3797
if continued, will seriously impair or retard the child's mental	3798
health or development;	3799

(5) Entice, coerce, permit, encourage, compel, hire, employ,	3800
use, or allow the child to act, model, or in any other way	3801
participate in, or be photographed for, the production,	3802
presentation, dissemination, or advertisement of any material or	3803
performance that the offender knows or reasonably should know is	3804
obscene, is sexually oriented matter, or is nudity-oriented	3805
matter.	3806

(C)(1) No person shall operate a vehicle, streetcar, or	3807
trackless trolley within this state in violation of division (A)	3808
of section 4511.19 of the Revised Code when one or more children	3809
under eighteen years of age are in the vehicle, streetcar, or	3810
trackless trolley. Notwithstanding any other provision of law, a	3811
person may be convicted at the same trial or proceeding of a	3812
violation of this division and a violation of division (A) of	3813
section 4511.19 of the Revised Code that constitutes the basis of	3814
the charge of the violation of this division. For purposes of	3815
section 4511.191 of the Revised Code and all related provisions of	3816
law, a person arrested for a violation of this division shall be	3817
considered to be under arrest for operating a vehicle while under	3818
the influence of alcohol, a drug of abuse, or alcohol and a drug	3819
of abuse or for operating a vehicle with a prohibited	3820
concentration of alcohol in the blood, breath, or urine.	3821

(2) As used in division (C)(1) of this section, "vehicle,"	3822
"streetcar," and "trackless trolley" have the same meanings as in	3823
section 4511.01 of the Revised Code.	3824

(D)(1) Division (B)(5) of this section does not apply to any	3825
material or performance that is produced, presented, or	3826
disseminated for a bona fide medical, scientific, educational,	3827
religious, governmental, judicial, or other proper purpose, by or	3828
to a physician, psychologist, sociologist, scientist, teacher,	3829
person pursuing bona fide studies or research, librarian, member	3830
of the clergy, prosecutor, judge, or other person having a proper	3831
interest in the material or performance.	3832

(2) Mistake of age is not a defense to a charge under	3833
division (B)(5) of this section.	3834

(3) In a prosecution under division (B)(5) of this section,	3835
the trier of fact may infer that an actor, model, or participant	3836
in the material or performance involved is a juvenile if the	3837
material or performance, through its title, text, visual	3838
representation, or otherwise, represents or depicts the actor,	3839
model, or participant as a juvenile.	3840

(4) As used in this division and division (B)(5) of this	3841
section:	3842

(a) "Material," "performance," "obscene," and "sexual	3843
activity" have the same meanings as in section 2907.01 of the	3844
Revised Code.	3845

(b) "Nudity-oriented matter" means any material or	3846
performance that shows a minor in a state of nudity and that,	3847
taken as a whole by the average person applying contemporary	3848
community standards, appeals to prurient interest.	3849

(c) "Sexually oriented matter" means any material or	3850
performance that shows a minor participating or engaging in sexual	3851
activity, masturbation, or bestiality.	3852

(E)(1) Whoever violates this section is guilty of	3853
endangering children.	3854

(2) If the offender violates division (A) or (B)(1) of this	3855
section, endangering children is one of the following:	3856

(a) Except as otherwise provided in division (E)(2)(b), (c),	3857
or (d) of this section, a misdemeanor of the first degree;	3858

(b) If the offender previously has been convicted of an	3859
offense under this section or of any offense involving neglect,	3860
abandonment, contributing to the delinquency of, or physical abuse	3861
of a child, except as otherwise provided in division (E)(2)(c) or	3862
(d) of this section, a felony of the fourth degree;	3863

(c) If the violation is a violation of division (A) of this	3864
section and results in serious physical harm to the child	3865
involved, a felony of the third degree;	3866

(d) If the violation is a violation of division (B)(1) of	3867
this section and results in serious physical harm to the child	3868
involved, a felony of the second degree.	3869

(3) If the offender violates division (B)(2), (3), or (4) of	3870
this section, except as otherwise provided in this division,	3871
endangering children is a felony of the third degree. If the	3872
violation results in serious physical harm to the child involved,	3873
or if the offender previously has been convicted of an offense	3874
under this section or of any offense involving neglect,	3875
abandonment, contributing to the delinquency of, or physical abuse	3876
of a child, endangering children is a felony of the second degree.	3877

(4) If the offender violates division (B)(5) of this	3878
section, endangering children is a felony of the second degree.	3879

(5) If the offender violates division (C) of this section,	3880
the offender shall be punished as follows:	3881

(a) Except as otherwise provided in division (E)(5)(b) or	3882
(c) of this section, endangering children in violation of division	3883
(C) of this section is a misdemeanor of the first degree.	3884

(b) If the violation results in serious physical harm to the	3885
child involved or the offender previously has been convicted of an	3886
offense under this section or any offense involving neglect,	3887
abandonment, contributing to the delinquency of, or physical abuse	3888
of a child, except as otherwise provided in division (E)(5)(c) of	3889
this section, endangering children in violation of division (C) of	3890
this section is a felony of the fifth degree.	3891

(c) If the violation results in serious physical harm to the	3892
child involved and if the offender previously has been convicted	3893
of a violation of division (C) of this section, section 2903.06 or	3894
2903.08 of the Revised Code, section 2903.07 of the Revised Code	3895
as it existed prior to ~~the effective date of this amendment~~March	3896
23, 2000, or section 2903.04 of the Revised Code in a case in	3897
which the offender was subject to the sanctions described in	3898
division (D) of that section, endangering children in violation of	3899
division (C) of this section is a felony of the fourth degree.	3900

(d) In addition to any term of imprisonment, fine, or other	3901
sentence, penalty, or sanction it imposes upon the offender	3902
pursuant to division (E)(5)(a), (b), or (c) of this section or	3903
pursuant to any other provision of law, the court also may impose	3904
upon the offender one or both of the following sanctions:	3905

(i) It may require the offender, as part of the offender's	3906
sentence and in the manner described in division (F) of this	3907
section, to perform not more than two hundred hours of supervised	3908
community service work under the authority of any agency,	3909
political subdivision, or charitable organization of the type	3910
described in division (F)(1) of section 2951.02 of the Revised	3911
Code, provided that the court shall not require the offender to	3912
perform supervised community service work under this division	3913
unless the offender agrees to perform the supervised community	3914
service work.	3915

(ii) It may suspend the driver's or commercial driver's	3916
license or permit or nonresident operating privilege of the	3917
offender for up to ninety days, in addition to any suspension or	3918
revocation of the offender's driver's or commercial driver's	3919
license or permit or nonresident operating privilege under Chapter	3920
4506., 4507., 4509., or 4511. of the Revised Code or under any	3921
other provision of law.	3922

(e) In addition to any term of imprisonment, fine, or other	3923
sentence, penalty, or sanction imposed upon the offender pursuant	3924
to division (E)(5)(a), (b), (c), or (d) of this section or	3925
pursuant to any other provision of law for the violation of	3926
division (C) of this section, if as part of the same trial or	3927
proceeding the offender also is convicted of or pleads guilty to a	3928
separate charge charging the violation of division (A) of section	3929
4511.19 of the Revised Code that was the basis of the charge of	3930
the violation of division (C) of this section, the offender also	3931
shall be sentenced, in accordance with section 4511.99 of the	3932
Revised Code, for that violation of division (A) of section	3933
4511.19 of the Revised Code and also shall be subject to all other	3934
sanctions that are required or authorized by any provision of law	3935
for that violation of division (A) of section 4511.19 of the	3936
Revised Code.	3937

(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of	3938
this section, requires an offender to perform supervised community	3939
service work under the authority of an agency, subdivision, or	3940
charitable organization, the requirement shall be part of the	3941
community control sanction or sentence of the offender, and the	3942
court shall impose the community service in accordance with and	3943
subject to divisions (F)(1)(a) and (b) of this section. The court	3944
may require an offender whom it requires to perform supervised	3945
community service work as part of the offender's community control	3946
sanction or sentence to pay the court a reasonable fee to cover	3947
the costs of the offender's participation in the work, including,	3948
but not limited to, the costs of procuring a policy or policies of	3949
liability insurance to cover the period during which the offender	3950
will perform the work. If the court requires the offender to	3951
perform supervised community service work as part of the	3952
offender's community control sanction or sentence, the court shall	3953
do so in accordance with the following limitations and criteria:	3954

(i) The court shall require that the community service work	3955
be performed after completion of the term of imprisonment imposed	3956
upon the offender for the violation of division (C) of this	3957
section, if applicable.	3958

(ii) The supervised community service work shall be subject	3959
to the limitations set forth in divisions (F)(1)(a) to (c) of	3960
section 2951.02 of the Revised Code.	3961

(iii) The community service work shall be supervised in the	3962
manner described in division (F)(1)(d) of section 2951.02 of the	3963
Revised Code by an official or person with the qualifications	3964
described in that division. The official or person periodically	3965
shall report in writing to the court concerning the conduct of the	3966
offender in performing the work.	3967

(iv) The court shall inform the offender in writing that if	3968
the offender does not adequately perform, as determined by the	3969
court, all of the required community service work, the court may	3970
order that the offender be committed to a jail or workhouse for a	3971
period of time that does not exceed the term of imprisonment that	3972
the court could have imposed upon the offender for the violation	3973
of division (C) of this section, reduced by the total amount of	3974
time that the offender actually was imprisoned under the sentence	3975
or term that was imposed upon the offender for that violation and	3976
by the total amount of time that the offender was confined for any	3977
reason arising out of the offense for which the offender was	3978
convicted and sentenced as described in sections 2949.08 and	3979
2967.191 of the Revised Code, and that, if the court orders that	3980
the offender be so committed, the court is authorized, but not	3981
required, to grant the offender credit upon the period of the	3982
commitment for the community service work that the offender	3983
adequately performed.	3984

(b) If a court, pursuant to this division and division	3985
(E)(5)(d)(i) of this section, orders an offender to perform	3986
community service work as part of the offender's community control	3987
sanction or sentence and if the offender does not adequately	3988
perform all of the required community service work, as determined	3989
by the court, the court may order that the offender be committed	3990
to a jail or workhouse for a period of time that does not exceed	3991
the term of imprisonment that the court could have imposed upon	3992
the offender for the violation of division (C) of this section,	3993
reduced by the total amount of time that the offender actually was	3994
imprisoned under the sentence or term that was imposed upon the	3995
offender for that violation and by the total amount of time that	3996
the offender was confined for any reason arising out of the	3997
offense for which the offender was convicted and sentenced as	3998
described in sections 2949.08 and 2967.191 of the Revised Code.	3999
The court may order that a person committed pursuant to this	4000
division shall receive hour-for-hour credit upon the period of the	4001
commitment for the community service work that the offender	4002
adequately performed. No commitment pursuant to this division	4003
shall exceed the period of the term of imprisonment that the	4004
sentencing court could have imposed upon the offender for the	4005
violation of division (C) of this section, reduced by the total	4006
amount of time that the offender actually was imprisoned under	4007
that sentence or term and by the total amount of time that the	4008
offender was confined for any reason arising out of the offense	4009
for which the offender was convicted and sentenced as described in	4010
sections 2949.08 and 2967.191 of the Revised Code.	4011

(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do not	4012
limit or affect the authority of the court to suspend the sentence	4013
imposed upon a misdemeanor offender and place the offender on	4014
probation or otherwise suspend the sentence pursuant to sections	4015
2929.51 and 2951.02 of the Revised Code, to require the	4016
misdemeanor offender, as a condition of the offender's probation	4017
or of otherwise suspending the offender's sentence, to perform	4018
supervised community service work in accordance with division (F)	4019
of section 2951.02 of the Revised Code, or to place a felony	4020
offender under a community control sanction.	4021

(G)(1) If a court suspends an offender's driver's or	4022
commercial driver's license or permit or nonresident operating	4023
privilege under division (E)(5)(d)(ii) of this section, the period	4024
of the suspension shall be consecutive to, and commence after, the	4025
period of suspension or revocation of the offender's driver's or	4026
commercial driver's license or permit or nonresident operating	4027
privilege that is imposed under Chapter 4506., 4507., 4509., or	4028
4511. of the Revised Code or under any other provision of law in	4029
relation to the violation of division (C) of this section that is	4030
the basis of the suspension under division (E)(5)(d)(ii) of this	4031
section or in relation to the violation of division (A) of section	4032
4511.19 of the Revised Code that is the basis for that violation	4033
of division (C) of this section.	4034

(2) An offender is not entitled to request, and the court	4035
shall not grant to the offender, occupational driving privileges	4036
under division (G) of this section if the offender's license,	4037
permit, or privilege has been suspended under division	4038
(E)(5)(d)(ii) of this section and the offender, within the	4039
preceding seven years, has been convicted of or pleaded guilty to	4040
three or more violations of one or more of the following:	4041

(a) Division (C) of this section;

4042

(b) Division (A) or (B) of section 4511.19 of the Revised	4043
Code;	4044

(c) A municipal ordinance relating to operating a vehicle	4045
while under the influence of alcohol, a drug of abuse, or alcohol	4046
and a drug of abuse;	4047

(d) A municipal ordinance relating to operating a vehicle	4048
with a prohibited concentration of alcohol in the blood, breath,	4049
or urine;	4050

(e) Section 2903.04 of the Revised Code in a case in which	4051
the offender was subject to the sanctions described in division	4052
(D) of that section;	4053

(f) Division (A)(1) of section 2903.06 or division (A)(1) of	4054
section 2903.08 of the Revised Code or a municipal ordinance that	4055
is substantially similar to either of those divisions;	4056

(g) Division (A)(2), (3), or (4) of section 2903.06,	4057
division (A)(2) of section 2903.08, or former section 2903.07 of	4058
the Revised Code, or a municipal ordinance that is substantially	4059
similar to any of those divisions or that former section, in a	4060
case in which the jury or judge found that the offender was under	4061
the influence of alcohol, a drug of abuse, or alcohol and a drug	4062
of abuse;	4063

(h) A statute of the United States or of any other state or	4064
a municipal ordinance of a municipal corporation located in any	4065
other state that is substantially similar to division (A) or (B)	4066
of section 4511.19 of the Revised Code.	4067

(3) Any other offender who is not described in division	4068
(G)(2) of this section and whose license, permit, or nonresident	4069
operating privilege has been suspended under division	4070
(E)(5)(d)(ii) of this section may file with the sentencing court a	4071
petition alleging that the suspension would seriously affect the	4072
offender's ability to continue employment. Upon satisfactory	4073
proof that there is reasonable cause to believe that the	4074
suspension would seriously affect the offender's ability to	4075
continue employment, the court may grant the offender occupational	4076
driving privileges during the period during which the suspension	4077
otherwise would be imposed, except that the court shall not grant	4078
occupational driving privileges for employment as a driver of	4079
commercial motor vehicles to any person who is disqualified from	4080
operating a commercial motor vehicle under section ~~2301.374~~	4081
3123.611 or 4506.16 of the Revised Code or whose commercial	4082
driver's license or commercial driver's temporary instruction	4083
permit has been suspended under section 3123.58 of the Revised	4084
Code.	4085

(H)(1) If a person violates division (C) of this section and	4086
if, at the time of the violation, there were two or more children	4087
under eighteen years of age in the motor vehicle involved in the	4088
violation, the offender may be convicted of a violation of	4089
division (C) of this section for each of the children, but the	4090
court may sentence the offender for only one of the violations.	4091

(2)(a) If a person is convicted of or pleads guilty to a	4092
violation of division (C) of this section but the person is not	4093
also convicted of and does not also plead guilty to a separate	4094
charge charging the violation of division (A) of section 4511.19	4095
of the Revised Code that was the basis of the charge of the	4096
violation of division (C) of this section, both of the following	4097
apply:	4098

(i) For purposes of the provisions of section 4511.99 of the	4099
Revised Code that set forth the penalties and sanctions for a	4100
violation of division (A) of section 4511.19 of the Revised Code,	4101
the conviction of or plea of guilty to the violation of division	4102
(C) of this section shall not constitute a violation of division	4103
(A) of section 4511.19 of the Revised Code;	4104

(ii) For purposes of any provision of law that refers to a	4105
conviction of or plea of guilty to a violation of division (A) of	4106
section 4511.19 of the Revised Code and that is not described in	4107
division (H)(2)(a)(i) of this section, the conviction of or plea	4108
of guilty to the violation of division (C) of this section shall	4109
constitute a conviction of or plea of guilty to a violation of	4110
division (A) of section 4511.19 of the Revised Code.	4111

(b) If a person is convicted of or pleads guilty to a	4112
violation of division (C) of this section and the person also is	4113
convicted of or pleads guilty to a separate charge charging the	4114
violation of division (A) of section 4511.19 of the Revised Code	4115
that was the basis of the charge of the violation of division (C)	4116
of this section, the conviction of or plea of guilty to the	4117
violation of division (C) of this section shall not constitute,	4118
for purposes of any provision of law that refers to a conviction	4119
of or plea of guilty to a violation of division (A) of section	4120
4511.19 of the Revised Code, a conviction of or plea of guilty to	4121
a violation of division (A) of section 4511.19 of the Revised	4122
Code.	4123

(I) As used in this section, "community control sanction"	4124
has the same meaning as in section 2929.01 of the Revised Code.	4125

Sec. 2919.231. (A) No person, by using physical harassment	4126
or threats of violence against another person, shall interfere	4127
with the other person's initiation or continuance of, or attempt	4128
to prevent the other person from initiating or continuing, an	4129
action to issue or modify a support order under Chapter 3115. or	4130
under section 2151.23, 2151.231, 2151.232, 2151.33, 2151.36,	4131
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,	4132
3113.07, or 3113.31 of the Revised Code.	4133

(B) Whoever violates this section is guilty of interfering	4134
with an action to issue or modify a support order, a misdemeanor	4135
of the first degree. If the offender previously has been	4136
convicted of or pleaded guilty to a violation of this section or	4137
of section ~~3111.29~~3111.19 of the Revised Code, interfering with	4138
an action to issue or modify a support order is a felony of the	4139
fifth degree.	4140

Sec. 3103.03. (A) Each married person must support the	4141
person's self and spouse out of the person's property or by the	4142
person's labor. If a married person is unable to do so, the	4143
spouse of the married person must assist in the support so far as	4144
the spouse is able. The biological or adoptive parent of a minor	4145
child must support the parent's minor children out of the parent's	4146
property or by the parent's labor.	4147

(B) Notwithstanding section 3109.01 of the Revised Code and	4148
to the extent provided in section 3319.86 of the Revised Code, the	4149
parental duty of support to children~~, including the duty of a~~	4150
~~parent to pay support pursuant to a child support order,~~ shall	4151
continue beyond the age of majority as long as the child	4152
continuously attends on a full-time basis any recognized and	4153
accredited high school ~~or a court-issued child support order~~	4154
~~provides that the duty of support continues beyond the age of~~	4155
~~majority. Except in cases in which a child support order requires~~	4156
~~the duty of support to continue for any period after the child~~	4157
~~reaches age nineteen, the order shall not remain in effect after~~	4158
~~the child reaches age nineteen~~. That duty of support shall	4159
continue during seasonal vacation periods.	4160

(C) If a married person neglects to support the person's	4161
spouse in accordance with this section, any other person, in good	4162
faith, may supply the spouse with necessaries for the support of	4163
the spouse and recover the reasonable value of the necessaries	4164
supplied from the married person who neglected to support the	4165
spouse unless the spouse abandons that person without cause.	4166

(D) If a parent neglects to support the parent's minor child	4167
in accordance with this section and if the minor child in question	4168
is unemancipated, any other person, in good faith, may supply the	4169
minor child with necessaries for the support of the minor child	4170
and recover the reasonable value of the necessaries supplied from	4171
the parent who neglected to support the minor child.	4172

(E) If a decedent during the decedent's lifetime has	4173
purchased an irrevocable preneed funeral contract pursuant to	4174
section 1109.75 of the Revised Code, then the duty of support owed	4175
to a spouse pursuant to this section does not include an	4176
obligation to pay for the funeral expenses of the deceased spouse.	4177
This division does not preclude a surviving spouse from assuming	4178
by contract the obligation to pay for the funeral expenses of the	4179
deceased spouse.	4180

Sec. 3103.031. A biological parent of a child, a man	4181
determined to be the natural father of a child under sections	4182
3111.01 to ~~3111.19~~3111.18 or 3111.20 to ~~3111.29~~3111.85 of the	4183
Revised Code, a parent who adopts a minor child pursuant to	4184
Chapter 3107. of the Revised Code, or a parent whose signed	4185
acknowledgment of paternity has become final pursuant to section	4186
2151.232, ~~3111.211~~3111.25, or ~~5101.314~~3111.821 of the Revised	4187
Code assumes the parental duty of support for that child.	4188
Notwithstanding section 3109.01 of the Revised Code and to the	4189
extent provided in section 3119.86 of the Revised Code, the	4190
parental duty of support to the child shall continue beyond the	4191
age of majority as long as the child continuously attends on a	4192
full-time basis any recognized and accredited high school ~~or a~~	4193
~~court-issued child support order provides that the duty of support~~	4194
~~continues beyond the age of majority. Except in cases in which a~~	4195
~~child support order requires the duty of support to continue for~~	4196
~~any period after the child reaches age nineteen, the order shall~~	4197
~~not remain in effect after the child reaches age nineteen~~. That	4198
duty of support shall continue during seasonal vacation periods.	4199

Sec. 3105.18. (A) As used in this section, "spousal	4200
support" means any payment or payments to be made to a spouse or	4201
former spouse, or to a third party for the benefit of a spouse or	4202
a former spouse, that is both for sustenance and for support of	4203
the spouse or former spouse. "Spousal support" does not include	4204
any payment made to a spouse or former spouse, or to a third party	4205
for the benefit of a spouse or former spouse, that is made as part	4206
of a division or distribution of property or a distributive award	4207
under section 3105.171 of the Revised Code.	4208

(B) In divorce and legal separation proceedings, upon the	4209
request of either party and after the court determines the	4210
division or disbursement of property under section 3105.171 of the	4211
Revised Code, the court of common pleas may award reasonable	4212
spousal support to either party. During the pendency of any	4213
divorce, or legal separation proceeding, the court may award	4214
reasonable temporary spousal support to either party.	4215

An award of spousal support may be allowed in real or	4216
personal property, or both, or by decreeing a sum of money,	4217
payable either in gross or by installments, from future income or	4218
otherwise, as the court considers equitable.	4219

Any award of spousal support made under this section shall	4220
terminate upon the death of either party, unless the order	4221
containing the award expressly provides otherwise.	4222

(C)(1) In determining whether spousal support is appropriate	4223
and reasonable, and in determining the nature, amount, and terms	4224
of payment, and duration of spousal support, which is payable	4225
either in gross or in installments, the court shall consider all	4226
of the following factors:	4227

(a) The income of the parties, from all sources, including,	4228
but not limited to, income derived from property divided,	4229
disbursed, or distributed under section 3105.171 of the Revised	4230
Code;	4231

(b) The relative earning abilities of the parties;

4232

(c) The ages and the physical, mental, and emotional	4233
conditions of the parties;	4234

(d) The retirement benefits of the parties;

4235

(e) The duration of the marriage;

4236

(f) The extent to which it would be inappropriate for a	4237
party, because that party will be custodian of a minor child of	4238
the marriage, to seek employment outside the home;	4239

(g) The standard of living of the parties established during	4240
the marriage;	4241

(h) The relative extent of education of the parties;

4242

(i) The relative assets and liabilities of the parties,	4243
including but not limited to any court-ordered payments by the	4244
parties;	4245

(j) The contribution of each party to the education,	4246
training, or earning ability of the other party, including, but	4247
not limited to, any party's contribution to the acquisition of a	4248
professional degree of the other party;	4249

(k) The time and expense necessary for the spouse who is	4250
seeking spousal support to acquire education, training, or job	4251
experience so that the spouse will be qualified to obtain	4252
appropriate employment, provided the education, training, or job	4253
experience, and employment is, in fact, sought;	4254

(l) The tax consequences, for each party, of an award of	4255
spousal support;	4256

(m) The lost income production capacity of either party that	4257
resulted from that party's marital responsibilities;	4258

(n) Any other factor that the court expressly finds to be	4259
relevant and equitable.	4260

(2) In determining whether spousal support is reasonable and	4261
in determining the amount and terms of payment of spousal support,	4262
each party shall be considered to have contributed equally to the	4263
production of marital income.	4264

(D) In an action brought solely for an order for legal	4265
separation under section 3105.17 of the Revised Code, any	4266
continuing order for periodic payments of money entered pursuant	4267
to this section is subject to further order of the court upon	4268
changed circumstances of either party.	4269

(E) If a continuing order for periodic payments of money as	4270
alimony is entered in a divorce or dissolution of marriage action	4271
that is determined on or after May 2, 1986, and before January 1,	4272
1991, or if a continuing order for periodic payments of money as	4273
spousal support is entered in a divorce or dissolution of marriage	4274
action that is determined on or after January 1, 1991, the court	4275
that enters the decree of divorce or dissolution of marriage does	4276
not have jurisdiction to modify the amount or terms of the alimony	4277
or spousal support unless the court determines that the	4278
circumstances of either party have changed and unless one of the	4279
following applies:	4280

(1) In the case of a divorce, the decree or a separation	4281
agreement of the parties to the divorce that is incorporated into	4282
the decree contains a provision specifically authorizing the court	4283
to modify the amount or terms of alimony or spousal support.	4284

(2) In the case of a dissolution of marriage, the separation	4285
agreement that is approved by the court and incorporated into the	4286
decree contains a provision specifically authorizing the court to	4287
modify the amount or terms of alimony or spousal support.	4288

(F) For purposes of divisions (D) and (E) of this section, a	4289
change in the circumstances of a party includes, but is not	4290
limited to, any increase or involuntary decrease in the party's	4291
wages, salary, bonuses, living expenses, or medical expenses.	4292

(G) ~~Each order for alimony made or modified by a court shall~~	4293
~~include as part of the order a general provision, as described in~~	4294
~~division (A)(1) of section 3113.21 of the Revised Code, requiring~~	4295
~~the withholding or deduction of income or assets of the obligor~~	4296
~~under the order as described in division (D) of section 3113.21 of~~	4297
~~the Revised Code or another type of appropriate requirement as~~	4298
~~described in division (D)(3), (D)(4), or (H) of that section, to~~	4299
~~ensure that withholding or deduction from the income or assets of~~	4300
~~the obligor is available from the commencement of the support~~	4301
~~order for collection of the support and of any arrearages that~~	4302
~~occur; a statement requiring all parties to the order to notify~~	4303
~~the child support enforcement agency in writing of their current~~	4304
~~mailing address, current residence address, current residence~~	4305
~~telephone number, current driver's license number, and of any~~	4306
~~changes to that information; and a notice that the requirement to~~	4307
~~notify the agency of all changes to that information continues~~	4308
~~until further notice from the court.~~	4309

If any person required to pay alimony under an order made or	4310
modified by a court on or after December 1, 1986, and before	4311
January 1, 1991, or any person required to pay spousal support	4312
under an order made or modified by a court on or after January 1,	4313
1991, is found in contempt of court for failure to make alimony or	4314
spousal support payments under the order, the court that makes the	4315
finding, in addition to any other penalty or remedy imposed, shall	4316
assess all court costs arising out of the contempt proceeding	4317
against the person and shall require the person to pay any	4318
reasonable attorney's fees of any adverse party, as determined by	4319
the court, that arose in relation to the act of contempt.	4320

(H) In divorce or legal separation proceedings, the court	4321
may award reasonable attorney's fees to either party at any stage	4322
of the proceedings, including, but not limited to, any appeal, any	4323
proceeding arising from a motion to modify a prior order or	4324
decree, and any proceeding to enforce a prior order or decree, if	4325
it determines that the other party has the ability to pay the	4326
attorney's fees that the court awards. When the court determines	4327
whether to award reasonable attorney's fees to any party pursuant	4328
to this division, it shall determine whether either party will be	4329
prevented from fully litigating that party's rights and adequately	4330
protecting that party's interests if it does not award reasonable	4331
attorney's fees.	4332

Sec. 3105.21. (A) Upon satisfactory proof of the causes in	4333
the complaint for divorce, annulment, or legal separation, the	4334
court of common pleas shall make an order for the disposition,	4335
care, and maintenance of the children of the marriage, as is in	4336
their best interests, and in accordance with section 3109.04 of	4337
the Revised Code.	4338

(B) Upon the failure of proof of the causes in the	4339
complaint, the court may make the order for the disposition, care,	4340
and maintenance of any dependent child of the marriage as is in	4341
the child's best interest, and in accordance with section 3109.04	4342
of the Revised Code.	4343

(C) ~~Each order for child support made or modified under this~~	4344
~~section shall include as part of the order a general provision, as~~	4345
~~described in division (A)(1) of section 3113.21 of the Revised~~	4346
~~Code, requiring the withholding or deduction of income or assets~~	4347
~~of the obligor under the order as described in division (D) of~~	4348
~~section 3113.21 of the Revised Code, or another type of~~	4349
~~appropriate requirement as described in division (D)(3), (D)(4),~~	4350
~~or (H) of that section, to ensure that withholding or deduction~~	4351
~~from the income or assets of the obligor is available from the~~	4352
~~commencement of the support order for collection of the support~~	4353
~~and of any arrearages that occur; a statement requiring all~~	4354
~~parties to the order to notify the child support enforcement~~	4355
~~agency in writing of their current mailing address, current~~	4356
~~residence address, current residence telephone number, current~~	4357
~~driver's license number, and any changes to that information; and~~	4358
~~a notice that the requirement to notify the agency of all changes~~	4359
~~to that information continues until further notice from the court.~~	4360
Any court of common pleas that makes or modifies an order for	4361
child support under this section shall comply with ~~sections~~	4362
~~3113.21 to 3113.219~~Chapters 3119., 3121., 3123., and3125. of the	4363
Revised Code. If any person required to pay child support under	4364
an order made under this section on or after April 15, 1985, or	4365
modified on or after December 1, 1986, is found in contempt of	4366
court for failure to make support payments under the order, the	4367
court that makes the finding, in addition to any other penalty or	4368
remedy imposed, shall assess all court costs arising out of the	4369
contempt proceeding against the person and require the person to	4370
pay any reasonable attorney's fees of any adverse party, as	4371
determined by the court, that arose in relation to the act of	4372
contempt.	4373

~~(D) Notwithstanding section 3109.01 of the Revised Code, if~~	4374
~~a court issues a child support order under this section, the order~~	4375
~~shall remain in effect beyond the child's eighteenth birthday as~~	4376
~~long as the child continuously attends on a full-time basis any~~	4377
~~recognized and accredited high school or the order provides that~~	4378
~~the duty of support of the child continues beyond the child's~~	4379
~~eighteenth birthday. Except in cases in which the order provides~~	4380
~~that the duty of support continues for any period after the child~~	4381
~~reaches age nineteen, the order shall not remain in effect after~~	4382
~~the child reaches age nineteen. Any parent ordered to pay support~~	4383
~~under a child support order issued under this section shall~~	4384
~~continue to pay support under the order, including during seasonal~~	4385
~~vacation periods, until the order terminates.~~	4386

Sec. 3105.63. (A)(1) A petition for dissolution of marriage	4387
shall be signed by both spouses and shall have attached and	4388
incorporated a separation agreement agreed to by both spouses.	4389
The separation agreement shall provide for a division of all	4390
property; spousal support; if there are minor children of the	4391
marriage, the allocation of parental rights and responsibilities	4392
for the care of the minor children, the designation of a	4393
residential parent and legal custodian of the minor children,	4394
child support, and ~~visitation~~parenting time rights; and, if the	4395
spouses so desire, an authorization for the court to modify the	4396
amount or terms of spousal support provided in the separation	4397
agreement. If there are minor children of the marriage, the	4398
spouses may address the allocation of the parental rights and	4399
responsibilities for the care of the minor children by including	4400
in the separation agreement a plan under which both parents will	4401
have shared rights and responsibilities for the care of the minor	4402
children. The spouses shall file the plan with the petition for	4403
dissolution of marriage and shall include in the plan the	4404
provisions described in division (G) of section 3109.04 of the	4405
Revised Code.	4406

(2) The division of property in the separation agreement	4407
shall include any participant account, as defined in section	4408
148.01 of the Revised Code, of either of the spouses, to the	4409
extent of the following:	4410

(a) The moneys that have been deferred by a continuing	4411
member or participating employee, as defined in that section, and	4412
that have been transmitted to the Ohio public employees deferred	4413
compensation board during the marriage and any income that is	4414
derived from the investment of those moneys during the marriage;	4415

(b) The moneys that have been deferred by an officer or	4416
employee of a municipal corporation and that have been transmitted	4417
to the governing board, administrator, depository, or trustee of	4418
the deferred compensation program of the municipal corporation	4419
during the marriage and any income that is derived from the	4420
investment of those moneys during the marriage;	4421

(c) The moneys that have been deferred by an officer or	4422
employee of a government unit, as defined in section 148.06 of the	4423
Revised Code, and that have been transmitted to the governing	4424
board, as defined in that section, during the marriage and any	4425
income that is derived from the investment of those moneys during	4426
the marriage.	4427

(3) The separation agreement shall not require or permit the	4428
division or disbursement of the moneys and income described in	4429
division (A)(2) of this section to occur in a manner that is	4430
inconsistent with the law, rules, or plan governing the deferred	4431
compensation program involved or prior to the time that the spouse	4432
in whose name the participant account is maintained commences	4433
receipt of the moneys and income credited to the account in	4434
accordance with that law, rules, and plan.	4435

(B) An amended separation agreement may be filed at any time	4436
prior to or during the hearing on the petition for dissolution of	4437
marriage. Upon receipt of a petition for dissolution of marriage,	4438
the court may cause an investigation to be made pursuant to the	4439
Rules of Civil Procedure.	4440

(C) If a petition for dissolution of marriage contains an	4441
authorization for the court to modify the amount or terms of	4442
spousal support provided in the separation agreement, the	4443
modification shall be in accordance with section 3105.18 of the	4444
Revised Code.	4445

Sec. 3105.65. (A) If, at the time of the hearing, either	4446
spouse is not satisfied with the separation agreement or does not	4447
wish a dissolution of the marriage and if neither spouse files a	4448
motion pursuant to division (C) of this section to convert the	4449
action to an action for divorce, the court shall dismiss the	4450
petition and refuse to validate the proposed separation agreement.	4451

(B) If, upon review of the testimony of both spouses and of	4452
the report of the investigator pursuant to the Rules of Civil	4453
Procedure, the court approves the separation agreement and any	4454
amendments to it agreed upon by the parties, it shall grant a	4455
decree of dissolution of marriage that incorporates the separation	4456
agreement. If the separation agreement contains a plan for the	4457
exercise of shared parenting by the spouses, the court shall	4458
review the plan in accordance with the provisions of division	4459
(D)(1) of section 3109.04 of the Revised Code that govern the	4460
review of a pleading or motion requesting shared parenting jointly	4461
submitted by both spouses to a marriage. A decree of dissolution	4462
of marriage has the same effect upon the property rights of the	4463
parties, including rights of dower and inheritance, as a decree of	4464
divorce. The court has full power to enforce its decree and	4465
retains jurisdiction to modify all matters pertaining to the	4466
allocation of parental rights and responsibilities for the care of	4467
the children, to the designation f a residential parent and legal	4468
custodian of the children, to child support, to parenting time of	4469
parents with the children, and to visitation for persons who are	4470
not the children's parents. The court, only in accordance with	4471
division (E)(2) of section 3105.18 of the Revised Code, may modify	4472
the amount or terms of spousal support.	4473

(C) At any time before a decree of dissolution of marriage	4474
has been granted under division (B) of this section, either spouse	4475
may convert the action for dissolution of marriage into a divorce	4476
action by filing a motion with the court in which the action for	4477
dissolution of marriage is pending for conversion of the action	4478
for dissolution of marriage. The motion shall contain a complaint	4479
for divorce that contains grounds for a divorce and that otherwise	4480
complies with the Rules of Civil Procedure and this chapter. The	4481
divorce action then shall proceed in accordance with the Rules of	4482
Civil Procedure in the same manner as if the motion had been the	4483
original complaint in the action, including, but not limited to,	4484
the issuance and service of summons pursuant to Civil Rules 4 to	4485
4.6, except that no court fees shall be charged upon conversion of	4486
the action for dissolution of marriage into a divorce action under	4487
this division.	4488

Sec. 3107.01. As used in sections 3107.01 to 3107.19 of the	4489
Revised Code:	4490

(A) "Agency" means any public or private organization	4491
certified, licensed, or otherwise specially empowered by law or	4492
rule to place minors for adoption.	4493

(B) "Attorney" means a person who has been admitted to the	4494
bar by order of the Ohio supreme court.	4495

(C) "Child" means a son or daughter, whether by birth or by	4496
adoption.	4497

(D) "Court" means the probate courts of this state, and when	4498
the context requires, means the court of any other state empowered	4499
to grant petitions for adoption.	4500

(E) "Foster caregiver" has the same meaning as in section	4501
5103.02 of the Revised Code.	4502

(F) "Identifying information" means any of the following	4503
with regard to a person: first name, last name, maiden name,	4504
alias, social security number, address, telephone number, place of	4505
employment, number used to identify the person for the purpose of	4506
the statewide education management information system established	4507
pursuant to section 3301.0714 of the Revised Code, and any other	4508
number federal or state law requires or permits to be used to	4509
identify the person.	4510

(G) "Minor" means a person under the age of eighteen years.

4511

(H) "Putative father" means a man, including one under age	4512
eighteen, who may be a child's father and to whom all of the	4513
following apply:	4514

(1) He is not married to the child's mother at the time of	4515
the child's conception or birth;	4516

(2) He has not adopted the child;

4517

(3) He has not been determined, prior to the date a petition	4518
to adopt the child is filed, to have a parent and child	4519
relationship with the child by a court proceeding pursuant to	4520
sections 3111.01 to ~~3111.19~~3111.18 of the Revised Code, a court	4521
proceeding in another state, an administrative agency proceeding	4522
pursuant to sections ~~3111.20~~3111.38 to ~~3111.29~~3111.54 of the	4523
Revised Code, or an administrative agency proceeding in another	4524
state;	4525

(4) He has not acknowledged paternity of the child pursuant	4526
to ~~section 5101.314~~sections 3111.21 to3111.35 of the Revised	4527
Code.	4528

Sec. 3107.06. Unless consent is not required under section	4529
3107.07 of the Revised Code, a petition to adopt a minor may be	4530
granted only if written consent to the adoption has been executed	4531
by all of the following:	4532

(A) The mother of the minor;

4533

(B) The father of the minor, if any of the following apply:

4534

(1) The minor was conceived or born while the father was	4535
married to the mother;	4536

(2) The minor is his child by adoption;

4537

(3) Prior to the date the petition was filed, it was	4538
determined by a court proceeding pursuant to sections 3111.01 to	4539
~~3111.19~~3111.18 of the Revised Code, a court proceeding in another	4540
state, an administrative proceeding pursuant to sections ~~3111.20~~	4541
3111.38 to ~~3111.29~~3111.54 of the Revised Code, or an	4542
administrative proceeding in another state that he has a parent	4543
and child relationship with the minor;	4544

(4) He acknowledged paternity of the child and that	4545
acknowledgment has become final pursuant to section 2151.232,	4546
~~3111.211~~3111.25, or ~~5101.314~~3111.821 of the Revised Code.	4547

4548

(D) Any person or agency having permanent custody of the	4549
minor or authorized by court order to consent;	4550

(E) The juvenile court that has jurisdiction to determine	4551
custody of the minor, if the legal guardian or custodian of the	4552
minor is not authorized by law or court order to consent to the	4553
adoption;	4554

(F) The minor, if more than twelve years of age, unless the	4555
court, finding that it is in the best interest of the minor,	4556
determines that the minor's consent is not required.	4557

Sec. 3107.064. (A) Except as provided in division (B) of	4558
this section, a court shall not issue a final decree of adoption	4559
or finalize an interlocutory order of adoption unless the mother	4560
placing the minor for adoption or the agency or attorney arranging	4561
the adoption files with the court a certified document provided by	4562
the department of job and family services under section 3107.063	4563
of the Revised Code. The court shall not accept the document	4564
unless the date the department places on the document pursuant to	4565
that section is thirty-one or more days after the date of the	4566
minor's birth.	4567

(B) The document described in division (A) of this section	4568
is not required if any of the following apply:	4569

(1) The mother was married at the time the minor was	4570
conceived or born;	4571

(2) The parent placing the minor for adoption previously	4572
adopted the minor;	4573

(3) Prior to the date a petition to adopt the minor is	4574
filed, a man has been determined to have a parent and child	4575
relationship with the minor by a court proceeding pursuant to	4576
sections 3111.01 to ~~3111.19~~3111.18 of the Revised Code, a court	4577
proceeding in another state, an administrative agency proceeding	4578
pursuant to sections ~~3111.20~~3111.38 to ~~3111.29~~3111.54 of the	4579
Revised Code, or an administrative agency proceeding in another	4580
state;	4581

(4) The minor's father acknowledged paternity of the minor	4582
and that acknowledgment has become final pursuant to section	4583
2151.232, ~~3111.211~~3111.25, or ~~5101.314~~3111.821 of the Revised	4584
Code;	4585

(5) A public children services agency has permanent custody	4586
of the minor pursuant to Chapter 2151. or division (B) of section	4587
5103.15 of the Revised Code after both parents lost or surrendered	4588
parental rights, privileges, and responsibilities over the minor.	4589

Sec. 3107.15. (A) A final decree of adoption and an	4590
interlocutory order of adoption that has become final as issued by	4591
a court of this state, or a decree issued by a jurisdiction	4592
outside this state as recognized pursuant to section 3107.18 of	4593
the Revised Code, shall have the following effects as to all	4594
matters within the jurisdiction or before a court of this state,	4595
whether issued before or after ~~the effective date of this~~	4596
~~amendment~~May30, 1996:	4597

(1) Except with respect to a spouse of the petitioner and	4598
relatives of the spouse, to relieve the biological or other legal	4599
parents of the adopted person of all parental rights and	4600
responsibilities, and to terminate all legal relationships between	4601
the adopted person and the adopted person's relatives, including	4602
the adopted person's biological or other legal parents, so that	4603
the adopted person thereafter is a stranger to the adopted	4604
person's former relatives for all purposes including inheritance	4605
and the interpretation or construction of documents, statutes, and	4606
instruments, whether executed before or after the adoption is	4607
decreed, which do not expressly include the person by name or by	4608
some designation not based on a parent and child or blood	4609
relationship;	4610

(2) To create the relationship of parent and child between	4611
petitioner and the adopted person, as if the adopted person were a	4612
legitimate blood descendant of the petitioner, for all purposes	4613
including inheritance and applicability of statutes, documents,	4614
and instruments, whether executed before or after the adoption is	4615
decreed, and whether executed or created before or after ~~the~~	4616
~~effective date of this amendment~~May30, 1996, which do not	4617
expressly exclude an adopted person from their operation or	4618
effect.	4619

(B) Notwithstanding division (A) of this section, if a	4620
parent of a child dies without the relationship of parent and	4621
child having been previously terminated and a spouse of the living	4622
parent thereafter adopts the child, the child's rights from or	4623
through the deceased parent for all purposes, including	4624
inheritance and applicability or construction of documents,	4625
statutes, and instruments, are not restricted or curtailed by the	4626
adoption.	4627

(C) Notwithstanding division (A) of this section, if the	4628
relationship of parent and child has not been terminated between a	4629
parent and that parent's child and a spouse of the other parent of	4630
the child adopts the child, a grandparent's or relative's right to	4631
companionship or visitation pursuant to section 3109.11 of the	4632
Revised Code is not restricted or curtailed by the adoption.	4633

(D) An interlocutory order of adoption, while it is in	4634
force, has the same legal effect as a final decree of adoption.	4635
If an interlocutory order of adoption is vacated, it shall be as	4636
though void from its issuance, and the rights, liabilities, and	4637
status of all affected persons that have not become vested are	4638
governed accordingly.	4639

Sec. 3109.04. (A) In any divorce, legal separation, or	4640
annulment proceeding and in any proceeding pertaining to the	4641
allocation of parental rights and responsibilities for the care of	4642
a child, upon hearing the testimony of either or both parents and	4643
considering any mediation report filed pursuant to section	4644
3109.052 of the Revised Code and in accordance with sections	4645
3109.21 to 3109.36 of the Revised Code, the court shall allocate	4646
the parental rights and responsibilities for the care of the minor	4647
children of the marriage. Subject to division (D)(2) of this	4648
section, the court may allocate the parental rights and	4649
responsibilities for the care of the children in either of the	4650
following ways:	4651

(1) If neither parent files a pleading or motion in	4652
accordance with division (G) of this section, if at least one	4653
parent files a pleading or motion under that division but no	4654
parent who filed a pleading or motion under that division also	4655
files a plan for shared parenting, or if at least one parent files	4656
both a pleading or motion and a shared parenting plan under that	4657
division but no plan for shared parenting is in the best interest	4658
of the children, the court, in a manner consistent with the best	4659
interest of the children, shall allocate the parental rights and	4660
responsibilities for the care of the children primarily to one of	4661
the parents, designate that parent as the residential parent and	4662
the legal custodian of the child, and divide between the parents	4663
the other rights and responsibilities for the care of the	4664
children, including, but not limited to, the responsibility to	4665
provide support for the children and the right of the parent who	4666
is not the residential parent to have continuing contact with the	4667
children.	4668

(2) If at least one parent files a pleading or motion in	4669
accordance with division (G) of this section and a plan for shared	4670
parenting pursuant to that division and if a plan for shared	4671
parenting is in the best interest of the children and is approved	4672
by the court in accordance with division (D)(1) of this section,	4673
the court may allocate the parental rights and responsibilities	4674
for the care of the children to both parents and issue a shared	4675
parenting order requiring the parents to share all or some of the	4676
aspects of the physical and legal care of the children in	4677
accordance with the approved plan for shared parenting. If the	4678
court issues a shared parenting order under this division and it	4679
is necessary for the purpose of receiving public assistance, the	4680
court shall designate which one of the parents' residences is to	4681
serve as the child's home. The child support obligations of the	4682
parents under a shared parenting order issued under this division	4683
shall be determined in accordance with ~~section 3113.215~~Chapters	4684
3119., 3121., 3123., and3125. of the Revised Code.	4685

(B)(1) When making the allocation of the parental rights and	4686
responsibilities for the care of the children under this section	4687
in an original proceeding or in any proceeding for modification of	4688
a prior order of the court making the allocation, the court shall	4689
take into account that which would be in the best interest of the	4690
children. In determining the child's best interest for purposes	4691
of making its allocation of the parental rights and	4692
responsibilities for the care of the child and for purposes of	4693
resolving any issues related to the making of that allocation, the	4694
court, in its discretion, may and, upon the request of either	4695
party, shall interview in chambers any or all of the involved	4696
children regarding their wishes and concerns with respect to the	4697
allocation.	4698

(2) If the court interviews any child pursuant to division	4699
(B)(1) of this section, all of the following apply:	4700

(a) The court, in its discretion, may and, upon the motion	4701
of either parent, shall appoint a guardian ad litem for the child.	4702

(b) The court first shall determine the reasoning ability of	4703
the child. If the court determines that the child does not have	4704
sufficient reasoning ability to express ~~his~~the child's wishes and	4705
concern with respect to the allocation of parental rights and	4706
responsibilities for the care of the child, it shall not determine	4707
the child's wishes and concerns with respect to the allocation.	4708
If the court determines that the child has sufficient reasoning	4709
ability to express ~~his~~the child's wishes or concerns with respect	4710
to the allocation, it then shall determine whether, because of	4711
special circumstances, it would not be in the best interest of the	4712
child to determine the child's wishes and concerns with respect to	4713
the allocation. If the court determines that, because of special	4714
circumstances, it would not be in the best interest of the child	4715
to determine the child's wishes and concerns with respect to the	4716
allocation, it shall not determine the child's wishes and concerns	4717
with respect to the allocation and shall enter its written	4718
findings of fact and opinion in the journal. If the court	4719
determines that it would be in the best interests of the child to	4720
determine the child's wishes and concerns with respect to the	4721
allocation, it shall proceed to make that determination.	4722

(c) The interview shall be conducted in chambers, and no	4723
person other than the child, the child's attorney, the judge, any	4724
necessary court personnel, and, in the judge's discretion, the	4725
attorney of each parent shall be permitted to be present in the	4726
chambers during the interview.	4727

(3) No person shall obtain or attempt to obtain from a child	4728
a written or recorded statement or affidavit setting forth the	4729
child's wishes and concerns regarding the allocation of parental	4730
rights and responsibilities concerning the child. No court, in	4731
determining the child's best interest for purposes of making its	4732
allocation of the parental rights and responsibilities for the	4733
care of the child or for purposes of resolving any issues related	4734
to the making of that allocation, shall accept or consider a	4735
written or recorded statement or affidavit that purports to set	4736
forth the child's wishes and concerns regarding those matters.	4737

(C) Prior to trial, the court may cause an investigation to	4738
be made as to the character, family relations, past conduct,	4739
earning ability, and financial worth of each parent and may order	4740
the parents and their minor children to submit to medical,	4741
psychological, and psychiatric examinations. The report of the	4742
investigation and examinations shall be made available to either	4743
parent or ~~his~~the parent's counsel of record not less than five	4744
days before trial, upon written request. The report shall be	4745
signed by the investigator, and the investigator shall be subject	4746
to cross-examination by either parent concerning the contents of	4747
the report. The court may tax as costs all or any part of the	4748
expenses for each investigation.	4749

If the court determines that either parent previously has	4750
been convicted of or pleaded guilty to any criminal offense	4751
involving any act that resulted in a child being a neglected	4752
child, that either parent previously has been determined to be the	4753
perpetrator of the neglectful act that is the basis of an	4754
adjudication that a child is a neglected child, or that there is	4755
reason to believe that either parent has acted in a manner	4756
resulting in a child being a neglected child, the court shall	4757
consider that fact against naming that parent the residential	4758
parent and against granting a shared parenting decree. When the	4759
court allocates parental rights and responsibilities for the care	4760
of children or determines whether to grant shared parenting in any	4761
proceeding, it shall consider whether either parent has been	4762
convicted of or pleaded guilty to a violation of section 2919.25	4763
of the Revised Code involving a victim who at the time of the	4764
commission of the offense was a member of the family or household	4765
that is the subject of the proceeding, has been convicted of or	4766
pleaded guilty to any other offense involving a victim who at the	4767
time of the commission of the offense was a member of the family	4768
or household that is the subject of the proceeding and caused	4769
physical harm to the victim in the commission of the offense, or	4770
has been determined to be the perpetrator of the abusive act that	4771
is the basis of an adjudication that a child is an abused child.	4772
If the court determines that either parent has been convicted of	4773
or pleaded guilty to a violation of section 2919.25 of the Revised	4774
Code involving a victim who at the time of the commission of the	4775
offense was a member of the family or household that is the	4776
subject of the proceeding, has been convicted of or pleaded guilty	4777
to any other offense involving a victim who at the time of the	4778
commission of the offense was a member of the family or household	4779
that is the subject of the proceeding and caused physical harm to	4780
the victim in the commission of the offense, or has been	4781
determined to be the perpetrator of the abusive act that is the	4782
basis of an adjudication that a child is an abused child, it may	4783
designate that parent as the residential parent and may issue a	4784
shared parenting decree or order only if it determines that it is	4785
in the best interest of the child to name that parent the	4786
residential parent or to issue a shared parenting decree or order	4787
and it makes specific written findings of fact to support its	4788
determination.	4789

(D)(1)(a) Upon the filing of a pleading or motion by either	4790
parent or both parents, in accordance with division (G) of this	4791
section, requesting shared parenting and the filing of a shared	4792
parenting plan in accordance with that division, the court shall	4793
comply with division (D)(1)(a)(i), (ii), or (iii) of this section,	4794
whichever is applicable:	4795

(i) If both parents jointly make the request in their	4796
pleadings or jointly file the motion and also jointly file the	4797
plan, the court shall review the parents' plan to determine if it	4798
is in the best interest of the children. If the court determines	4799
that the plan is in the best interest of the children, the court	4800
shall approve it. If the court determines that the plan or any	4801
part of the plan is not in the best interest of the children, the	4802
court shall require the parents to make appropriate changes to the	4803
plan to meet the court's objections to it. If changes to the plan	4804
are made to meet the court's objections, and if the new plan is in	4805
the best interest of the children, the court shall approve the	4806
plan. If changes to the plan are not made to meet the court's	4807
objections, or if the parents attempt to make changes to the plan	4808
to meet the court's objections, but the court determines that the	4809
new plan or any part of the new plan still is not in the best	4810
interest of the children, the court may reject the portion of the	4811
parents' pleadings or deny their motion requesting shared	4812
parenting of the children and proceed as if the request in the	4813
pleadings or the motion had not been made. The court shall not	4814
approve a plan under this division unless it determines that the	4815
plan is in the best interest of the children.	4816

(ii) If each parent makes a request in ~~his~~the parent's	4817
pleadings or files a motion and each also files ~~his own~~a separate	4818
plan, the court shall review each plan filed to determine if	4819
either is in the best interest of the children. If the court	4820
determines that one of the filed plans is in the best interest of	4821
the children, the court may approve the plan. If the court	4822
determines that neither filed plan is in the best interest of the	4823
children, the court may order each parent to submit appropriate	4824
changes to ~~his own~~the parent's plan or both of the filed plans to	4825
meet the court's objections, or may select one of the filed plans	4826
and order each parent to submit appropriate changes to the	4827
selected plan to meet the court's objections. If changes to the	4828
plan or plans are submitted to meet the court's objections, and if	4829
any of the filed plans with the changes is in the best interest of	4830
the children, the court may approve the plan with the changes. If	4831
changes to the plan or plans are not submitted to meet the court's	4832
objections, or if the parents submit changes to the plan or plans	4833
to meet the court's objections but the court determines that none	4834
of the filed plans with the submitted changes is in the best	4835
interest of the children, the court may reject the portion of the	4836
parents' pleadings or deny their motions requesting shared	4837
parenting of the children and proceed as if the requests in the	4838
pleadings or the motions had not been made. If the court approves	4839
a plan under this division, either as originally filed or with	4840
submitted changes, or if the court rejects the portion of the	4841
parents' pleadings or denies their motions requesting shared	4842
parenting under this division and proceeds as if the requests in	4843
the pleadings or the motions had not been made, the court shall	4844
enter in the record of the case findings of fact and conclusions	4845
of law as to the reasons for the approval or the rejection or	4846
denial. Division (D)(1)(b) of this section applies in relation to	4847
the approval or disapproval of a plan under this division.	4848

(iii) If each parent makes a request in ~~his~~the parent's	4849
pleadings or files a motion but only one parent files ~~his own~~a	4850
plan, or if only one parent makes a request in ~~his~~the parent's	4851
pleadings or files a motion and also files a plan, the court in	4852
the best interest of the children may order the other parent to	4853
file a plan for shared parenting in accordance with division (G)	4854
of this section. The court shall review each plan filed to	4855
determine if any plan is in the best interest of the children. If	4856
the court determines that one of the filed plans is in the best	4857
interest of the children, the court may approve the plan. If the	4858
court determines that no filed plan is in the best interest of the	4859
children, the court may order each parent to submit appropriate	4860
changes to ~~his own~~the parent's plan or both of the filed plans to	4861
meet the court's objections or may select one filed plan and order	4862
each parent to submit appropriate changes to the selected plan to	4863
meet the court's objections. If changes to the plan or plans are	4864
submitted to meet the court's objections, and if any of the filed	4865
plans with the changes is in the best interest of the children,	4866
the court may approve the plan with the changes. If changes to	4867
the plan or plans are not submitted to meet the court's	4868
objections, or if the parents submit changes to the plan or plans	4869
to meet the court's objections but the court determines that none	4870
of the filed plans with the submitted changes is in the best	4871
interest of the children, the court may reject the portion of the	4872
parents' pleadings or deny the parents' motion or reject the	4873
portion of the parents' pleadings or deny their motions requesting	4874
shared parenting of the children and proceed as if the request or	4875
requests or the motion or motions had not been made. If the court	4876
approves a plan under this division, either as originally filed or	4877
with submitted changes, or if the court rejects the portion of the	4878
pleadings or denies the motion or motions requesting shared	4879
parenting under this division and proceeds as if the request or	4880
requests or the motion or motions had not been made, the court	4881
shall enter in the record of the case findings of fact and	4882
conclusions of law as to the reasons for the approval or the	4883
rejection or denial. Division (D)(1)(b) of this section applies	4884
in relation to the approval or disapproval of a plan under this	4885
division.	4886

(b) The approval of a plan under division (D)(1)(a)(ii) or	4887
(iii) of this section is discretionary with the court. The court	4888
shall not approve more than one plan under either division and	4889
shall not approve a plan under either division unless it	4890
determines that the plan is in the best interest of the children.	4891
If the court, under either division, does not determine that any	4892
filed plan or any filed plan with submitted changes is in the best	4893
interest of the children, the court shall not approve any plan.	4894

(c) Whenever possible, the court shall require that a shared	4895
parenting plan approved under division (D)(1)(a)(i), (ii), or	4896
(iii) of this section ensure the opportunity for both parents to	4897
have frequent and continuing contact with the child, unless	4898
frequent and continuing contact with any parent would not be in	4899
the best interest of the child.	4900

(d) If a court approves a shared parenting plan under	4901
division (D)(1)(a)(i), (ii), or (iii) of this section, the	4902
approved plan shall be incorporated into a final shared parenting	4903
decree granting the parents the shared parenting of the children.	4904
Any final shared parenting decree shall be issued at the same time	4905
as and shall be appended to the final decree of dissolution,	4906
divorce, annulment, or legal separation arising out of the action	4907
out of which the question of the allocation of parental rights and	4908
responsibilities for the care of the children arose.	4909

No provisional shared parenting decree shall be issued in	4910
relation to any shared parenting plan approved under division	4911
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared	4912
parenting decree issued under this division has immediate effect	4913
as a final decree on the date of its issuance, subject to	4914
modification or termination as authorized by this section.	4915

(2) If the court finds, with respect to any child under	4916
eighteen years of age, that it is in the best interest of the	4917
child for neither parent to be designated the residential parent	4918
and legal custodian of the child, it may commit the child to a	4919
relative of the child or certify a copy of its findings, together	4920
with as much of the record and the further information, in	4921
narrative form or otherwise, that it considers necessary or as the	4922
juvenile court requests, to the juvenile court for further	4923
proceedings, and, upon the certification, the juvenile court has	4924
exclusive jurisdiction.	4925

(E)(1)(a) The court shall not modify a prior decree	4926
allocating parental rights and responsibilities for the care of	4927
children unless it finds, based on facts that have arisen since	4928
the prior decree or that were unknown to the court at the time of	4929
the prior decree, that a change has occurred in the circumstances	4930
of the child, ~~his~~the child's residential parent, or either of the	4931
parents subject to a shared parenting decree, and that the	4932
modification is necessary to serve the best interest of the child.	4933
In applying these standards, the court shall retain the	4934
residential parent designated by the prior decree or the prior	4935
shared parenting decree, unless a modification is in the best	4936
interest of the child and one of the following applies:	4937

(i) The residential parent agrees to a change in the	4938
residential parent or both parents under a shared parenting decree	4939
agree to a change in the designation of residential parent.	4940

(ii) The child, with the consent of the residential parent	4941
or of both parents under a shared parenting decree, has been	4942
integrated into the family of the person seeking to become the	4943
residential parent.	4944

(iii) The harm likely to be caused by a change of	4945
environment is outweighed by the advantages of the change of	4946
environment to the child.	4947

(b) One or both of the parents under a prior decree	4948
allocating parental rights and responsibilities for the care of	4949
children that is not a shared parenting decree may file a motion	4950
requesting that the prior decree be modified to give both parents	4951
shared rights and responsibilities for the care of the children.	4952
The motion shall include both a request for modification of the	4953
prior decree and a request for a shared parenting order that	4954
complies with division (G) of this section. Upon the filing of	4955
the motion, if the court determines that a modification of the	4956
prior decree is authorized under division (E)(1)(a) of this	4957
section, the court may modify the prior decree to grant a shared	4958
parenting order, provided that the court shall not modify the	4959
prior decree to grant a shared parenting order unless the court	4960
complies with divisions (A) and (D)(1) of this section and, in	4961
accordance with those divisions, approves the submitted shared	4962
parenting plan and determines that shared parenting would be in	4963
the best interest of the children.	4964

(2) In addition to a modification authorized under division	4965
(E)(1) of this section:	4966

(a) Both parents under a shared parenting decree jointly may	4967
modify the terms of the plan for shared parenting approved by the	4968
court and incorporated by it into the shared parenting decree.	4969
Modifications under this division may be made at any time. The	4970
modifications to the plan shall be filed jointly by both parents	4971
with the court, and the court shall include them in the plan,	4972
unless they are not in the best interest of the children. If the	4973
modifications are not in the best interests of the children, the	4974
court, in its discretion, may reject the modifications or make	4975
modifications to the proposed modifications or the plan that are	4976
in the best interest of the children. Modifications jointly	4977
submitted by both parents under a shared parenting decree shall be	4978
effective, either as originally filed or as modified by the court,	4979
upon their inclusion by the court in the plan. Modifications to	4980
the plan made by the court shall be effective upon their inclusion	4981
by the court in the plan.	4982

(b) The court may modify the terms of the plan for shared	4983
parenting approved by the court and incorporated by it into the	4984
shared parenting decree upon its own motion at any time if the	4985
court determines that the modifications are in the best interest	4986
of the children or upon the request of one or both of the parents	4987
under the decree. Modifications under this division may be made	4988
at any time. The court shall not make any modification to the	4989
plan under this division, unless the modification is in the best	4990
interest of the children.	4991

(c) The court may terminate a prior final shared parenting	4992
decree that includes a shared parenting plan approved under	4993
division (D)(1)(a)(i) of this section upon the request of one or	4994
both of the parents or whenever it determines that shared	4995
parenting is not in the best interest of the children. The court	4996
may terminate a prior final shared parenting decree that includes	4997
a shared parenting plan approved under division (D)(1)(a)(ii) or	4998
(iii) of this section if it determines, upon its own motion or	4999
upon the request of one or both parents, that shared parenting is	5000
not in the best interest of the children. If modification of the	5001
terms of the plan for shared parenting approved by the court and	5002
incorporated by it into the final shared parenting decree is	5003
attempted under division (E)(2)(a) of this section and the court	5004
rejects the modifications, it may terminate the final shared	5005
parenting decree if it determines that shared parenting is not in	5006
the best interest of the children.	5007

(d) Upon the termination of a prior final shared parenting	5008
decree under division (E)(2)(c) of this section, the court shall	5009
proceed and issue a modified decree for the allocation of parental	5010
rights and responsibilities for the care of the children under the	5011
standards applicable under divisions (A), (B), and (C) of this	5012
section as if no decree for shared parenting had been granted and	5013
as if no request for shared parenting ever had been made.	5014

(F)(1) In determining the best interest of a child pursuant	5015
to this section, whether on an original decree allocating parental	5016
rights and responsibilities for the care of children or a	5017
modification of a decree allocating those rights and	5018
responsibilities, the court shall consider all relevant factors,	5019
including, but not limited to:	5020

(a) The wishes of the child's parents regarding ~~his~~the	5021
child's care;	5022

(b) If the court has interviewed the child in chambers	5023
pursuant to division (B) of this section regarding the child's	5024
wishes and concerns as to the allocation of parental rights and	5025
responsibilities concerning the child, the wishes and concerns of	5026
the child, as expressed to the court;	5027

(c) The child's interaction and interrelationship with ~~his~~	5028
the child's parents, siblings, and any other person who may	5029
significantly affect the child's best interest;	5030

(d) The child's adjustment to ~~his~~the child's home, school,	5031
and community;	5032

(e) The mental and physical health of all persons involved	5033
in the situation;	5034

(f) The parent more likely to honor and facilitate	5035
court-approved parenting time rights or visitation and	5036
companionship rights ~~approved by the court~~;	5037

(g) Whether either parent has failed to make all child	5038
support payments, including all arrearages, that are required of	5039
that parent pursuant to a child support order under which that	5040
parent is an obligor;	5041

(h) Whether either parent previously has been convicted of	5042
or pleaded guilty to any criminal offense involving any act that	5043
resulted in a child being an abused child or a neglected child;	5044
whether either parent, in a case in which a child has been	5045
adjudicated an abused child or a neglected child, previously has	5046
been determined to be the perpetrator of the abusive or neglectful	5047
act that is the basis of an adjudication; whether either parent	5048
previously has been convicted of or pleaded guilty to a violation	5049
of section 2919.25 of the Revised Code involving a victim who at	5050
the time of the commission of the offense was a member of the	5051
family or household that is the subject of the current proceeding;	5052
whether either parent previously has been convicted of or pleaded	5053
guilty to any offense involving a victim who at the time of the	5054
commission of the offense was a member of the family or household	5055
that is the subject of the current proceeding and caused physical	5056
harm to the victim in the commission of the offense; and whether	5057
there is reason to believe that either parent has acted in a	5058
manner resulting in a child being an abused child or a neglected	5059
child;	5060

(i) Whether the residential parent or one of the parents	5061
subject to a shared parenting decree has continuously and	5062
willfully denied the other ~~parent his or her~~parent's right to	5063
~~visitation~~parenting time in accordance with an order of the	5064
court;	5065

(j) Whether either parent has established a residence, or is	5066
planning to establish a residence, outside this state.	5067

(2) In determining whether shared parenting is in the best	5068
interest of the children, the court shall consider all relevant	5069
factors, including, but not limited to, the factors enumerated in	5070
division (F)(1) of this section, the factors enumerated in	5071
~~division (B)(3) of~~ section ~~3113.215~~3119.23 of the Revised Code,	5072
and all of the following factors:	5073

(a) The ability of the parents to cooperate and make	5074
decisions jointly, with respect to the children;	5075

(b) The ability of each parent to encourage the sharing of	5076
love, affection, and contact between the child and the other	5077
parent;	5078

(c) Any history of, or potential for, child abuse, spouse	5079
abuse, other domestic violence, or parental kidnapping by either	5080
parent;	5081

(d) The geographic proximity of the parents to each other,	5082
as the proximity relates to the practical considerations of shared	5083
parenting;	5084

(e) The recommendation of the guardian ad litem of the	5085
child, if the child has a guardian ad litem.	5086

(3) When allocating parental rights and responsibilities for	5087
the care of children, the court shall not give preference to a	5088
parent because of that parent's financial status or condition.	5089

(G) Either parent or both parents of any children may file a	5090
pleading or motion with the court requesting the court to grant	5091
both parents shared parental rights and responsibilities for the	5092
care of the children in a proceeding held pursuant to division (A)	5093
of this section. If a pleading or motion requesting shared	5094
parenting is filed, the parent or parents filing the pleading or	5095
motion also shall file with the court a plan for the exercise of	5096
shared parenting by both parents. If each parent files a pleading	5097
or motion requesting shared parenting but only one parent files	5098
~~his own~~a plan or if only one parent files a pleading or motion	5099
requesting shared parenting and also files a plan, the other	5100
parent as ordered by the court shall file with the court a plan	5101
for the exercise of shared parenting by both parents. The plan	5102
for shared parenting shall be filed with the petition for	5103
dissolution of marriage, if the question of parental rights and	5104
responsibilities for the care of the children arises out of an	5105
action for dissolution of marriage, or, in other cases, at a time	5106
at least thirty days prior to the hearing on the issue of the	5107
parental rights and responsibilities for the care of the children.	5108
A plan for shared parenting shall include provisions covering all	5109
factors that are relevant to the care of the children, including,	5110
but not limited to, provisions covering factors such as physical	5111
living arrangements, child support obligations, provision for the	5112
children's medical and dental care, school placement, and the	5113
parent with which the children will be physically located during	5114
legal holidays, school holidays, and other days of special	5115
importance.	5116

(H) If an appeal is taken from a decision of a court that	5117
grants or modifies a decree allocating parental rights and	5118
responsibilities for the care of children, the court of appeals	5119
shall give the case calendar priority and handle it expeditiously.	5120

(I) As used in this section, "abused child" has the same	5121
meaning as in section 2151.031 of the Revised Code, and "neglected	5122
child" has the same meaning as in section 2151.03 of the Revised	5123
Code.	5124

(J) As used in the Revised Code, "shared parenting" means	5125
that the parents share, in the manner set forth in the plan for	5126
shared parenting that is approved by the court under division	5127
(D)(1) and described in division (K)(6) of this section, all or	5128
some of the aspects of physical and legal care of their children.	5129

(K) For purposes of the Revised Code:

5130

(1) A parent who is granted the care, custody, and control	5131
of a child under an order that was issued pursuant to this section	5132
prior to April 11, 1991, and that does not provide for shared	5133
parenting has "custody of the child" and "care, custody, and	5134
control of the child" under the order, and is the "residential	5135
parent," the "residential parent and legal custodian," or the	5136
"custodial parent" of the child under the order.	5137

(2) A parent who primarily is allocated the parental rights	5138
and responsibilities for the care of a child and who is designated	5139
as the residential parent and legal custodian of the child under	5140
an order that is issued pursuant to this section on or after April	5141
11, 1991, and that does not provide for shared parenting has	5142
"custody of the child" and "care, custody, and control of the	5143
child" under the order, and is the "residential parent," the	5144
"residential parent and legal custodian," or the "custodial	5145
parent" of the child under the order.	5146

(3) A parent who is not granted custody of a child under an	5147
order that was issued pursuant to this section prior to April 11,	5148
1991, and that does not provide for shared parenting is the	5149
"parent who is not the residential parent," the "parent who is not	5150
the residential parent and legal custodian," or the "noncustodial	5151
parent" of the child under the order.	5152

(4) A parent who is not primarily allocated the parental	5153
rights and responsibilities for the care of a child and who is not	5154
designated as the residential parent and legal custodian of the	5155
child under an order that is issued pursuant to this section on or	5156
after April 11, 1991, and that does not provide for shared	5157
parenting is the "parent who is not the residential parent," the	5158
"parent who is not the residential parent and legal custodian," or	5159
the "noncustodial parent" of the child under the order.	5160

(5) Unless the context clearly requires otherwise, if an	5161
order is issued by a court pursuant to this section and the order	5162
provides for shared parenting of a child, both parents have	5163
"custody of the child" or "care, custody, and control of the	5164
child" under the order, to the extent and in the manner specified	5165
in the order.	5166

(6) Unless the context clearly requires otherwise and except	5167
as otherwise provided in the order, if an order is issued by a	5168
court pursuant to this section and the order provides for shared	5169
parenting of a child, each parent, regardless of where the child	5170
is physically located or with whom the child is residing at a	5171
particular point in time, as specified in the order, is the	5172
"residential parent," the "residential parent and legal	5173
custodian," or the "custodial parent" of the child.	5174

(7) Unless the context clearly requires otherwise and except	5175
as otherwise provided in the order, a designation in the order of	5176
a parent as the residential parent for the purpose of determining	5177
the school the child attends, as the custodial parent for purposes	5178
of claiming the child as a dependent pursuant to section 152(e) of	5179
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	5180
1, as amended, or as the residential parent for purposes of	5181
receiving public assistance pursuant to division (A)(2) of this	5182
section, does not affect the designation pursuant to division	5183
(K)(6) of this section of each parent as the "residential parent,"	5184
the "residential parent and legal custodian," or the "custodial	5185
parent" of the child.	5186

Sec. 3109.05. (A)(1) In a divorce, dissolution of marriage,	5187
legal separation, or child support proceeding, the court may order	5188
either or both parents to support or help support their children,	5189
without regard to marital misconduct. In determining the amount	5190
reasonable or necessary for child support, including the medical	5191
needs of the child, the court shall comply with ~~sections 3113.21~~	5192
~~to 3113.219~~Chapter3119. of the Revised Code.	5193

(2) The court, in accordance with ~~sections 3113.21 and~~	5194
~~3113.217~~Chapter3119. of the Revised Code, shall include in each	5195
support order made under this section the requirement that one or	5196
both of the parents provide for the health care needs of the child	5197
to the satisfaction of the court, and the court shall include in	5198
the support order a requirement that all support payments be made	5199
through the ~~division~~office of child support in the department of	5200
job and family services.	5201

(3) ~~Each order for child support made or modified under this~~	5202
~~section shall include as part of the order a general provision, as~~	5203
~~described in division (A)(1) of section 3113.21 of the Revised~~	5204
~~Code, requiring the withholding or deduction of income or assets~~	5205
~~of the obligor under the order as described in division (D) or (H)~~	5206
~~of section 3113.21 of the Revised Code, or another type of~~	5207
~~appropriate requirement as described in division (D)(3), (D)(4),~~	5208
~~or (H) of that section, to ensure that withholding or deduction~~	5209
~~from the income or assets of the obligor is available from the~~	5210
~~commencement of the support order for collection of the support~~	5211
~~and of any arrearages that occur; a statement requiring both~~	5212
~~parents to notify the child support enforcement agency in writing~~	5213
~~of their current mailing address; current residence address,~~	5214
~~current residence telephone number, current driver's license~~	5215
~~number, and any changes to that information, and a notice that the~~	5216
~~requirement to notify the agency of all changes to that~~	5217
~~information continues until further notice from the court.~~ The	5218
court shall comply with ~~sections 3113.21 to 3113.219~~Chapters	5219
3119., 3121., 3123., and3125. of the Revised Code when it makes	5220
or modifies an order for child support under this section.	5221

(B) The juvenile court has exclusive jurisdiction to enter	5222
the orders in any case certified to it from another court.	5223

(C) If any person required to pay child support under an	5224
order made under division (A) of this section on or after April	5225
15, 1985, or modified on or after December 1, 1986, is found in	5226
contempt of court for failure to make support payments under the	5227
order, the court that makes the finding, in addition to any other	5228
penalty or remedy imposed, shall assess all court costs arising	5229
out of the contempt proceeding against the person and require the	5230
person to pay any reasonable attorney's fees of any adverse party,	5231
as determined by the court, that arose in relation to the act of	5232
contempt and, on or after July 1, 1992, shall assess interest on	5233
any unpaid amount of child support pursuant to section ~~3113.219~~	5234
3123.17 of the Revised Code.	5235

(D) The court shall not authorize or permit the escrowing,	5236
impoundment, or withholding of any child support payment ordered	5237
under this section or any other section of the Revised Code	5238
because of a denial of or interference with a right of parenting	5239
time granted to a parent in an order issued under this section or	5240
section 3109.051 or 3109.12 of the Revised Code or companionship	5241
or visitation granted in an order issued under this section,	5242
section 3109.051, 3109.11, 3109.12, or any other section of the	5243
Revised Code, or as a method of enforcing the specific provisions	5244
of any such order dealing with parenting time or visitation.	5245

~~(E) Notwithstanding section 3109.01 of the Revised Code, if~~	5246
~~a court issues a child support order under this section, the order~~	5247
~~shall remain in effect beyond the child's eighteenth birthday as~~	5248
~~long as the child continuously attends on a full-time basis any~~	5249
~~recognized and accredited high school or the order provides that~~	5250
~~the duty of support of the child continues beyond the child's~~	5251
~~eighteenth birthday. Except in cases in which the order provides~~	5252
~~that the duty of support continues for any period after the child~~	5253
~~reaches age nineteen, the order shall not remain in effect after~~	5254
~~the child reaches age nineteen. Any parent ordered to pay support~~	5255
~~under a child support order issued under this section shall~~	5256
~~continue to pay support under the order, including during seasonal~~	5257
~~vacation periods, until the order terminates.~~	5258

Sec. 3109.051. (A) If a divorce, dissolution, legal	5259
separation, or annulment proceeding involves a child and if the	5260
court has not issued a shared parenting decree, the court shall	5261
consider any mediation report filed pursuant to section 3109.052	5262
of the Revised Code and, in accordance with division (C) of this	5263
section, shall make a just and reasonable order or decree	5264
permitting each parent who is not the residential parent to ~~visit~~	5265
have parenting time with the child at the time and under the	5266
conditions that the court directs, unless the court determines	5267
that it would not be in the best interest of the child to permit	5268
that parent to ~~visit~~have parenting time with the child and	5269
includes in the journal its findings of fact and conclusions of	5270
law. Whenever possible, the order or decree permitting the	5271
~~visitation~~parenting time shall ensure the opportunity for both	5272
parents to have frequent and continuing contact with the child,	5273
unless frequent and continuing contact by either parent with the	5274
child would not be in the best interest of the child. The court	5275
shall include in its final decree a specific schedule of	5276
~~visitation~~parenting time for that parent. Except as provided in	5277
division (E)(6) of section 3113.31 of the Revised Code, if the	5278
court, pursuant to this section, grants ~~any person~~parenting time	5279
to a parent or companionship or visitation rights to any other	5280
person with respect to any child, it shall not require the public	5281
children services agency to provide supervision of or other	5282
services related to that parent's exercise of parenting time or	5283
that person's exercise of companionship or visitation rights with	5284
respect to the child. This section does not limit the power of a	5285
juvenile court pursuant to Chapter 2151. of the Revised Code to	5286
issue orders with respect to children who are alleged to be	5287
abused, neglected, or dependent children or to make dispositions	5288
of children who are adjudicated abused, neglected, or dependent	5289
children or of a common pleas court to issue orders pursuant to	5290
section 3113.31 of the Revised Code.	5291

(B)(1) In a divorce, dissolution of marriage, legal	5292
separation, annulment, or child support proceeding that involves a	5293
child, the court may grant reasonable companionship or visitation	5294
rights to any grandparent, any person related to the child by	5295
consanguinity or affinity, or any other person other than a	5296
parent, if all of the following apply:	5297

(a) The grandparent, relative, or other person files a	5298
motion with the court seeking companionship or visitation rights.	5299

(b) The court determines that the grandparent, relative, or	5300
other person has an interest in the welfare of the child.	5301

(c) The court determines that the granting of the	5302
companionship or visitation rights is in the best interest of the	5303
child.	5304

(2) A motion may be filed under division (B)(1) of this	5305
section during the pendency of the divorce, dissolution of	5306
marriage, legal separation, annulment, or child support proceeding	5307
or, if a motion was not filed at that time or was filed at that	5308
time and the circumstances in the case have changed, at any time	5309
after a decree or final order is issued in the case.	5310

(C) When determining whether to grant parenting time rights	5311
to a parent pursuant to this section or section 3109.12 of the	5312
Revised Code or to grant companionship or visitation rights to a	5313
~~parent,~~ grandparent, relative, or other person pursuant to this	5314
section or section 3109.11 or 3109.12 of the Revised Code, when	5315
establishing a specific parenting time or visitation schedule, and	5316
when determining other parenting time matters under this section	5317
or section 3109.12 of the Revised Code or visitation matters under	5318
this section or section 3109.11 or 3109.12 of the Revised Code,	5319
the court shall consider any mediation report that is filed	5320
pursuant to section 3109.052 of the Revised Code and shall	5321
consider all other relevant factors, including, but not limited	5322
to, all of the factors listed in division (D) of this section. In	5323
considering the factors listed in division (D) of this section for	5324
purposes of determining whether to grant parenting time or	5325
visitation rights, establishing a specific parenting time or	5326
visitation schedule, determining other parenting time matters	5327
under this section or section 3109.12 of the Revised Code or	5328
visitation matters under this section or under section 3109.11 or	5329
3109.12 of the Revised Code, and resolving any issues related to	5330
the making of any determination with respect to parenting time or	5331
visitation rights or the establishment of any specific parenting	5332
time or visitation schedule, the court, in its discretion, may	5333
interview in chambers any or all involved children regarding their	5334
wishes and concerns. If the court interviews any child concerning	5335
the child's wishes and concerns regarding those parenting time or	5336
visitation matters, the interview shall be conducted in chambers,	5337
and no person other than the child, the child's attorney, the	5338
judge, any necessary court personnel, and, in the judge's	5339
discretion, the attorney of each parent shall be permitted to be	5340
present in the chambers during the interview. No person shall	5341
obtain or attempt to obtain from a child a written or recorded	5342
statement or affidavit setting forth the wishes and concerns of	5343
the child regarding those parenting time or visitation matters. A	5344
court, in considering the factors listed in division (D) of this	5345
section for purposes of determining whether to grant any parenting	5346
time or visitation rights, establishing a parenting time or	5347
visitation schedule, determining other parenting time matters	5348
under this section or section 3109.12 of the Revised Code or	5349
visitation matters under this section or under section 3109.11 or	5350
3109.12 of the Revised Code, or resolving any issues related to	5351
the making of any determination with respect to parenting time or	5352
visitation rights or the establishment of any specific parenting	5353
time or visitation schedule, shall not accept or consider a	5354
written or recorded statement or affidavit that purports to set	5355
forth the child's wishes or concerns regarding those parenting	5356
time or visitation matters.	5357

(D) In determining whether to grant parenting time to a	5358
parent pursuant to this section or section 3109.12 of the Revised	5359
Code or companionship or visitation rights to a ~~parent,~~	5360
grandparent, relative, or other person pursuant to this section or	5361
section 3109.11 or 3109.12 of the Revised Code, in establishing a	5362
specific parenting time or visitation schedule, and in determining	5363
other parenting time matters under this section or section 3109.12	5364
of the Revised Code or visitation matters under this section or	5365
section 3109.11 or 3109.12 of the Revised Code, the court shall	5366
consider all of the following factors:	5367

(1) The prior interaction and interrelationships of the	5368
child with the child's parents, siblings, and other persons	5369
related by consanguinity or affinity, and with the person who	5370
requested companionship or visitation if that person is not a	5371
parent, sibling, or relative of the child;	5372

(2) The geographical location of the residence of each	5373
parent and the distance between those residences, and if the	5374
person ~~who requested companionship or visitation~~ is not a parent,	5375
the geographical location of that person's residence and the	5376
distance between that person's residence and the child's	5377
residence;	5378

(3) The child's and parents' available time, including, but	5379
not limited to, each parent's employment schedule, the child's	5380
school schedule, and the child's and the parents' holiday and	5381
vacation schedule;	5382

(4) The age of the child;

5383

(5) The child's adjustment to home, school, and community;

5384

(6) If the court has interviewed the child in chambers,	5385
pursuant to division (C) of this section, regarding the wishes and	5386
concerns of the child as to ~~visitation~~parenting time by the	5387
parent who is not the residential parent or companionship or	5388
visitation by the grandparent, relative, or other person who	5389
requested ~~the~~ companionship or visitation, as to a specific	5390
parenting time or visitation schedule, or as to other parenting	5391
time or visitation matters, the wishes and concerns of the child,	5392
as expressed to the court;	5393

(7) The health and safety of the child;

5394

(8) The amount of time that will be available for the child	5395
to spend with siblings;	5396

(9) The mental and physical health of all parties;

5397

(10) Each parent's willingness to reschedule missed	5398
~~visitation~~parenting time and to facilitate the other parent's	5399
~~visitation~~parenting time rights, and ~~if the~~with respect to a	5400
person who requested companionship or visitation ~~is not a parent~~,	5401
the willingness of that person to reschedule missed visitation;	5402

(11) In relation to ~~visitation by a parent~~parenting time,	5403
whether either parent previously has been convicted of or pleaded	5404
guilty to any criminal offense involving any act that resulted in	5405
a child being an abused child or a neglected child; whether either	5406
parent, in a case in which a child has been adjudicated an abused	5407
child or a neglected child, previously has been determined to be	5408
the perpetrator of the abusive or neglectful act that is the basis	5409
of the adjudication; and whether there is reason to believe that	5410
either parent has acted in a manner resulting in a child being an	5411
abused child or a neglected child;	5412

(12) In relation to requested companionship or visitation by	5413
a person other than a parent, whether the person previously has	5414
been convicted of or pleaded guilty to any criminal offense	5415
involving any act that resulted in a child being an abused child	5416
or a neglected child; whether the person, in a case in which a	5417
child has been adjudicated an abused child or a neglected child,	5418
previously has been determined to be the perpetrator of the	5419
abusive or neglectful act that is the basis of the adjudication;	5420
whether either parent previously has been convicted of or pleaded	5421
guilty to a violation of section 2919.25 of the Revised Code	5422
involving a victim who at the time of the commission of the	5423
offense was a member of the family or household that is the	5424
subject of the current proceeding; whether either parent	5425
previously has been convicted of an offense involving a victim who	5426
at the time of the commission of the offense was a member of the	5427
family or household that is the subject of the current proceeding	5428
and caused physical harm to the victim in the commission of the	5429
offense; and whether there is reason to believe that the person	5430
has acted in a manner resulting in a child being an abused child	5431
or a neglected child;	5432

(13) Whether the residential parent or one of the parents	5433
subject to a shared parenting decree has continuously and	5434
willfully denied the other parent's right to ~~visitation~~parenting	5435
time in accordance with an order of the court;	5436

(14) Whether either parent has established a residence or is	5437
planning to establish a residence outside this state;	5438

(15) In relation to requested companionship or visitation by	5439
a person other than a parent, The wishes and concerns of the	5440
child's parents, as expressed by them to the court;	5441

(16) Any other factor in the best interest of the child.

5442

(E) The remarriage of a residential parent of a child does	5443
not affect the authority of a court under this section to grant	5444
~~visitation~~parenting time rights with respect to the child to the	5445
parent who is not the residential parent or to grant reasonable	5446
companionship or visitation rights with respect to the child to	5447
any grandparent, any person related by consanguinity or affinity,	5448
or any other person.	5449

(F)(1) If the court, pursuant to division (A) of this	5450
section, denies ~~visitation~~parenting time to a parent who is not	5451
the residential parent or denies a motion for reasonable	5452
companionship or visitation rights filed under division (B) of	5453
this section and the parent or movant files a written request for	5454
findings of fact and conclusions of law, the court shall state in	5455
writing its findings of fact and conclusions of law in accordance	5456
with Civil Rule 52.	5457

(2) On or before July 1, 1991, each court of common pleas,	5458
by rule, shall adopt standard ~~visitation~~parenting time	5459
guidelines. A court shall have discretion to deviate from its	5460
standard ~~visitation~~parenting time guidelines based upon factors	5461
set forth in division (D) of this section.	5462

(G)(1) If the residential parent intends to move to a	5463
residence other than the residence specified in the ~~visitation~~	5464
parenting time order or decree of the court, the parent shall file	5465
a notice of intent to relocate with the court that issued the	5466
order or decree. Except as provided in divisions (G)(2), (3), and	5467
(4) of this section, the court shall send a copy of the notice to	5468
the parent who is not the residential parent. Upon receipt of the	5469
notice, the court, on its own motion or the motion of the parent	5470
who is not the residential parent, may schedule a hearing with	5471
notice to both parents to determine whether it is in the best	5472
interest of the child to revise the ~~visitation~~parenting time	5473
schedule for the child.	5474

(2) When a court grants ~~visitation or companionship~~	5475
parenting time rights to a parent who is not the residential	5476
parent, the court shall determine whether that parent has been	5477
convicted of or pleaded guilty to a violation of section 2919.25	5478
of the Revised Code involving a victim who at the time of the	5479
commission of the offense was a member of the family or household	5480
that is the subject of the proceeding, has been convicted of or	5481
pleaded guilty to any other offense involving a victim who at the	5482
time of the commission of the offense was a member of the family	5483
or household that is the subject of the proceeding and caused	5484
physical harm to the victim in the commission of the offense, or	5485
has been determined to be the perpetrator of the abusive act that	5486
is the basis of an adjudication that a child is an abused child.	5487
If the court determines that that parent has not been so convicted	5488
and has not been determined to be the perpetrator of an abusive	5489
act that is the basis of a child abuse adjudication, the court	5490
shall issue an order stating that a copy of any notice of	5491
relocation that is filed with the court pursuant to division	5492
(G)(1) of this section will be sent to the parent who is given the	5493
~~visitation or companionship~~parenting time rights in accordance	5494
with division (G)(1) of this section.	5495

If the court determines that the parent who is granted the	5496
~~visitation or companionship~~parenting time rights has been	5497
convicted of or pleaded guilty to a violation of section 2919.25	5498
of the Revised Code involving a victim who at the time of the	5499
commission of the offense was a member of the family or household	5500
that is the subject of the proceeding, has been convicted of or	5501
pleaded guilty to any other offense involving a victim who at the	5502
time of the commission of the offense was a member of the family	5503
or household that is the subject of the proceeding and caused	5504
physical harm to the victim in the commission of the offense, or	5505
has been determined to be the perpetrator of the abusive act that	5506
is the basis of an adjudication that a child is an abused child,	5507
it shall issue an order stating that that parent will not be given	5508
a copy of any notice of relocation that is filed with the court	5509
pursuant to division (G)(1) of this section unless the court	5510
determines that it is in the best interest of the children to give	5511
that parent a copy of the notice of relocation, issues an order	5512
stating that that parent will be given a copy of any notice of	5513
relocation filed pursuant to division (G)(1) of this section, and	5514
issues specific written findings of fact in support of its	5515
determination.	5516

(3) If a court, prior to April 11, 1991, issued an order	5517
granting ~~visitation or companionship~~parenting time rights to a	5518
parent who is not the residential parent and did not require the	5519
residential parent in that order to give the parent who is granted	5520
the ~~visitation or companionship~~parenting time rights notice of	5521
any change of address and if the residential parent files a notice	5522
of relocation pursuant to division (G)(1) of this section, the	5523
court shall determine if the parent who is granted the ~~visitation~~	5524
~~or companionship~~parenting time rights has been convicted of or	5525
pleaded guilty to a violation of section 2919.25 of the Revised	5526
Code involving a victim who at the time of the commission of the	5527
offense was a member of the family or household that is the	5528
subject of the proceeding, has been convicted of or pleaded guilty	5529
to any other offense involving a victim who at the time of the	5530
commission of the offense was a member of the family or household	5531
that is the subject of the proceeding and caused physical harm to	5532
the victim in the commission of the offense, or has been	5533
determined to be the perpetrator of the abusive act that is the	5534
basis of an adjudication that a child is an abused child. If the	5535
court determines that the parent who is granted the ~~visitation or~~	5536
~~companionship~~parenting time rights has not been so convicted and	5537
has not been determined to be the perpetrator of an abusive act	5538
that is the basis of a child abuse adjudication, the court shall	5539
issue an order stating that a copy of any notice of relocation	5540
that is filed with the court pursuant to division (G)(1) of this	5541
section will be sent to the parent who is granted ~~visitation or~~	5542
~~companionship~~parenting time rights in accordance with division	5543
(G)(1) of this section.	5544

If the court determines that the parent who is granted the	5545
~~visitation or companionship~~parenting time rights has been	5546
convicted of or pleaded guilty to a violation of section 2919.25	5547
of the Revised Code involving a victim who at the time of the	5548
commission of the offense was a member of the family or household	5549
that is the subject of the proceeding, has been convicted of or	5550
pleaded guilty to any other offense involving a victim who at the	5551
time of the commission of the offense was a member of the family	5552
or household that is the subject of the proceeding and caused	5553
physical harm to the victim in the commission of the offense, or	5554
has been determined to be the perpetrator of the abusive act that	5555
is the basis of an adjudication that a child is an abused child,	5556
it shall issue an order stating that that parent will not be given	5557
a copy of any notice of relocation that is filed with the court	5558
pursuant to division (G)(1) of this section unless the court	5559
determines that it is in the best interest of the children to give	5560
that parent a copy of the notice of relocation, issues an order	5561
stating that that parent will be given a copy of any notice of	5562
relocation filed pursuant to division (G)(1) of this section, and	5563
issues specific written findings of fact in support of its	5564
determination.	5565

(4) If a parent who is granted ~~visitation or companionship~~	5566
parenting time rights pursuant to this section or any other	5567
section of the Revised Code is authorized by an order issued	5568
pursuant to this section or any other court order to receive a	5569
copy of any notice of relocation that is filed pursuant to	5570
division (G)(1) of this section or pursuant to court order, if the	5571
residential parent intends to move to a residence other than the	5572
residence address specified in the ~~visitation or companionship~~	5573
parenting time order, and if the residential parent does not want	5574
the parent who is granted the ~~visitation or companionship~~	5575
parenting time rights to receive a copy of the relocation notice	5576
because the parent with ~~visitation or companionship~~parenting time	5577
rights has been convicted of or pleaded guilty to a violation of	5578
section 2919.25 of the Revised Code involving a victim who at the	5579
time of the commission of the offense was a member of the family	5580
or household that is the subject of the proceeding, has been	5581
convicted of or pleaded guilty to any other offense involving a	5582
victim who at the time of the commission of the offense was a	5583
member of the family or household that is the subject of the	5584
proceeding and caused physical harm to the victim in the	5585
commission of the offense, or has been determined to be the	5586
perpetrator of the abusive act that is the basis of an	5587
adjudication that a child is an abused child, the residential	5588
parent may file a motion with the court requesting that the parent	5589
who is granted the ~~visitation or companionship~~parenting time	5590
rights not receive a copy of any notice of relocation. Upon the	5591
filing of the motion, the court shall schedule a hearing on the	5592
motion and give both parents notice of the date, time, and	5593
location of the hearing. If the court determines that the parent	5594
who is granted the ~~visitation or companionship~~parenting time	5595
rights has been so convicted or has been determined to be the	5596
perpetrator of an abusive act that is the basis of a child abuse	5597
adjudication, the court shall issue an order stating that the	5598
parent who is granted the ~~visitation or companionship~~parenting	5599
time rights will not be given a copy of any notice of relocation	5600
that is filed with the court pursuant to division (G)(1) of this	5601
section or that the residential parent is no longer required to	5602
give that parent a copy of any notice of relocation unless the	5603
court determines that it is in the best interest of the children	5604
to give that parent a copy of the notice of relocation, issues an	5605
order stating that that parent will be given a copy of any notice	5606
of relocation filed pursuant to division (G)(1) of this section,	5607
and issues specific written findings of fact in support of its	5608
determination. If it does not so find, it shall dismiss the	5609
motion.	5610

(H)(1) Subject to ~~division (F)(2) of~~ section ~~2301.35~~3125.16	5611
and division (F) of section 3319.321 of the Revised Code, a parent	5612
of a child who is not the residential parent of the child is	5613
entitled to access, under the same terms and conditions under	5614
which access is provided to the residential parent, to any record	5615
that is related to the child and to which the residential parent	5616
of the child legally is provided access, unless the court	5617
determines that it would not be in the best interest of the child	5618
for the parent who is not the residential parent to have access to	5619
the records under those same terms and conditions. If the court	5620
determines that the parent of a child who is not the residential	5621
parent should not have access to records related to the child	5622
under the same terms and conditions as provided for the	5623
residential parent, the court shall specify the terms and	5624
conditions under which the parent who is not the residential	5625
parent is to have access to those records, shall enter its written	5626
findings of facts and opinion in the journal, and shall issue an	5627
order containing the terms and conditions to both the residential	5628
parent and the parent of the child who is not the residential	5629
parent. The court shall include in every order issued pursuant to	5630
this division notice that any keeper of a record who knowingly	5631
fails to comply with the order or division (H) of this section is	5632
in contempt of court.	5633

(2) Subject to ~~division (F)(2) of~~ section ~~2301.35~~3125.16	5634
and division (F) of section 3319.321 of the Revised Code,	5635
subsequent to the issuance of an order under division (H)(1) of	5636
this section, the keeper of any record that is related to a	5637
particular child and to which the residential parent legally is	5638
provided access shall permit the parent of the child who is not	5639
the residential parent to have access to the record under the same	5640
terms and conditions under which access is provided to the	5641
residential parent, unless the residential parent has presented	5642
the keeper of the record with a copy of an order issued under	5643
division (H)(1) of this section that limits the terms and	5644
conditions under which the parent who is not the residential	5645
parent is to have access to records pertaining to the child and	5646
the order pertains to the record in question. If the residential	5647
parent presents the keeper of the record with a copy of that type	5648
of order, the keeper of the record shall permit the parent who is	5649
not the residential parent to have access to the record only in	5650
accordance with the most recent order that has been issued	5651
pursuant to division (H)(1) of this section and presented to the	5652
keeper by the residential parent or the parent who is not the	5653
residential parent. Any keeper of any record who knowingly fails	5654
to comply with division (H) of this section or with any order	5655
issued pursuant to division (H)(1) of this section is in contempt	5656
of court.	5657

(3) The prosecuting attorney of any county may file a	5658
complaint with the court of common pleas of that county requesting	5659
the court to issue a protective order preventing the disclosure	5660
pursuant to division (H)(1) or (2) of this section of any	5661
confidential law enforcement investigatory record. The court	5662
shall schedule a hearing on the motion and give notice of the	5663
date, time, and location of the hearing to all parties.	5664

(I) A court that issues a ~~visitation~~parenting time order or	5665
decree pursuant to this section,or section ~~3109.11 or~~ 3109.12 of	5666
the Revised Code~~, or any other provision of the Revised Code~~ shall	5667
determine whether the parent granted the right of ~~visitation~~	5668
parenting time is to be permitted access, in accordance with	5669
section 5104.011 of the Revised Code, to any child day-care center	5670
that is, or that in the future may be, attended by the children	5671
with whom the right of ~~visitation~~parenting time is granted.	5672
Unless the court determines that the parent who is not the	5673
residential parent should not have access to the center to the	5674
same extent that the residential parent is granted access to the	5675
center, the parent who is not the residential parent and who is	5676
granted ~~visitation or companionship~~parenting time rights is	5677
entitled to access to the center to the same extent that the	5678
residential parent is granted access to the center. If the court	5679
determines that the parent who is not the residential parent	5680
should not have access to the center to the same extent that the	5681
residential parent is granted such access under division (C) of	5682
section 5104.011 of the Revised Code, the court shall specify the	5683
terms and conditions under which the parent who is not the	5684
residential parent is to have access to the center, provided that	5685
the access shall not be greater than the access that is provided	5686
to the residential parent under division (C) of section 5104.011	5687
of the Revised Code, the court shall enter its written findings of	5688
fact and opinions in the journal, and the court shall include the	5689
terms and conditions of access in the ~~visitation~~parenting time	5690
order or decree.	5691

(J)(1) Subject to division (F) of section 3319.321 of the	5692
Revised Code, when a court issues an order or decree allocating	5693
parental rights and responsibilities for the care of a child, the	5694
parent of the child who is not the residential parent of the child	5695
is entitled to access, under the same terms and conditions under	5696
which access is provided to the residential parent, to any student	5697
activity that is related to the child and to which the residential	5698
parent of the child legally is provided access, unless the court	5699
determines that it would not be in the best interest of the child	5700
to grant the parent who is not the residential parent access to	5701
the student activities under those same terms and conditions. If	5702
the court determines that the parent of the child who is not the	5703
residential parent should not have access to any student activity	5704
that is related to the child under the same terms and conditions	5705
as provided for the residential parent, the court shall specify	5706
the terms and conditions under which the parent who is not the	5707
residential parent is to have access to those student activities,	5708
shall enter its written findings of facts and opinion in the	5709
journal, and shall issue an order containing the terms and	5710
conditions to both the residential parent and the parent of the	5711
child who is not the residential parent. The court shall include	5712
in every order issued pursuant to this division notice that any	5713
school official or employee who knowingly fails to comply with the	5714
order or division (J) of this section is in contempt of court.	5715

(2) Subject to division (F) of section 3319.321 of the	5716
Revised Code, subsequent to the issuance of an order under	5717
division (J)(1) of this section, all school officials and	5718
employees shall permit the parent of the child who is not the	5719
residential parent to have access to any student activity under	5720
the same terms and conditions under which access is provided to	5721
the residential parent of the child, unless the residential parent	5722
has presented the school official or employee, the board of	5723
education of the school, or the governing body of the chartered	5724
nonpublic school with a copy of an order issued under division	5725
(J)(1) of this section that limits the terms and conditions under	5726
which the parent who is not the residential parent is to have	5727
access to student activities related to the child and the order	5728
pertains to the student activity in question. If the residential	5729
parent presents the school official or employee, the board of	5730
education of the school, or the governing body of the chartered	5731
nonpublic school with a copy of that type of order, the school	5732
official or employee shall permit the parent who is not the	5733
residential parent to have access to the student activity only in	5734
accordance with the most recent order that has been issued	5735
pursuant to division (J)(1) of this section and presented to the	5736
school official or employee, the board of education of the school,	5737
or the governing body of the chartered nonpublic school by the	5738
residential parent or the parent who is not the residential	5739
parent. Any school official or employee who knowingly fails to	5740
comply with division (J) of this section or with any order issued	5741
pursuant to division (J)(1) of this section is in contempt of	5742
court.	5743

(K) If any person is found in contempt of court for failing	5744
to comply with or interfering with any order or decree granting	5745
parenting time rights issued pursuant to this section or section	5746
3109.12 of the Revised Code or companionship or visitation rights	5747
~~that is~~ issued pursuant to this section, section 3109.11 or	5748
3109.12 of the Revised Code, or any other provision of the Revised	5749
Code, the court that makes the finding, in addition to any other	5750
penalty or remedy imposed, shall assess all court costs arising	5751
out of the contempt proceeding against the person and require the	5752
person to pay any reasonable attorney's fees of any adverse party,	5753
as determined by the court, that arose in relation to the act of	5754
contempt, and may award reasonable compensatory parenting time or	5755
visitation to the person whose right of parenting time or	5756
visitation was affected by the failure or interference if such	5757
compensatory parenting time or visitation is in the best interest	5758
of the child. Any compensatory parenting time or visitation	5759
awarded under this division shall be included in an order issued	5760
by the court and, to the extent possible, shall be governed by the	5761
same terms and conditions as was the parenting time or visitation	5762
that was affected by the failure or interference.	5763

(L) Any ~~person~~parent who requests reasonable parenting time	5764
rights with respect to a child under this section or section	5765
3109.12 of the Revised Code or any person who requests reasonable	5766
companionship or visitation rights with respect to a child under	5767
this section, section 3109.11 or 3109.12 of the Revised Code, or	5768
any other provision of the Revised Code may file a motion with the	5769
court requesting that it waive all or any part of the costs that	5770
may accrue in the proceedings ~~under this section, section 3109.11,~~	5771
~~or section 3109.12 of the Revised Code~~. If the court determines	5772
that the movant is indigent and that the waiver is in the best	5773
interest of the child, the court, in its discretion, may waive	5774
payment of all or any part of the costs of those proceedings.	5775

(M) The juvenile court has exclusive jurisdiction to enter	5776
the orders in any case certified to it from another court.	5777

(N) As used in this section:

5778

(1) "Abused child" has the same meaning as in section	5779
2151.031 of the Revised Code, and "neglected child" has the same	5780
meaning as in section 2151.03 of the Revised Code.	5781

(2) "Record" means any record, document, file, or other	5782
material that contains information directly related to a child,	5783
including, but not limited to, any of the following:	5784

(a) Records maintained by public and nonpublic schools;

5785

(b) Records maintained by facilities that provide child	5786
day-care, as defined in section 5104.01 of the Revised Code,	5787
publicly funded child day-care, as defined in section 5104.01 of	5788
the Revised Code, or pre-school services operated by or under the	5789
supervision of a school district board of education or a nonpublic	5790
school;	5791

(c) Records maintained by hospitals, other facilities, or	5792
persons providing medical or surgical care or treatment for the	5793
child;	5794

(d) Records maintained by agencies, departments,	5795
instrumentalities, or other entities of the state or any political	5796
subdivision of the state, other than a child support enforcement	5797
agency. Access to records maintained by a child support	5798
enforcement agency is governed by ~~division (F)(2) of~~ section	5799
~~2301.35~~3125.16 of the Revised Code.	5800

(3) "Confidential law enforcement investigatory record" has	5801
the same meaning as in section 149.43 of the Revised Code.	5802

Sec. 3109.052. (A) If a proceeding for divorce,	5803
dissolution, legal separation, annulment, or the allocation of	5804
parental rights and responsibilities for the care of a child	5805
involves one or more children, if the parents of the children do	5806
not agree upon an appropriate allocation of parental rights and	5807
responsibilities for the care of their children or do not agree	5808
upon a specific schedule of ~~visitation~~parenting time for their	5809
children, the court may order the parents to mediate their	5810
differences on those matters in accordance with mediation	5811
procedures adopted by the court by local rule. When the court	5812
determines whether mediation is appropriate in any proceeding, it	5813
shall consider whether either parent previously has been convicted	5814
of or pleaded guilty to a violation of section 2919.25 of the	5815
Revised Code involving a victim who at the time of the commission	5816
of the offense was a member of the family or household that is the	5817
subject of the proceeding, whether either parent previously has	5818
been convicted of or pleaded guilty to an offense involving a	5819
victim who at the time of the commission of the offense was a	5820
member of the family or household that is the subject of the	5821
proceeding and caused physical harm to the victim in the	5822
commission of the offense, and whether either parent has been	5823
determined to be the perpetrator of the abusive act that is the	5824
basis of an adjudication that a child is an abused child. If	5825
either parent has been convicted of or pleaded guilty to a	5826
violation of section 2919.25 of the Revised Code involving a	5827
victim who at the time of the commission of the offense was a	5828
member of the family or household that is the subject of the	5829
proceeding, has been convicted of or pleaded guilty to any other	5830
offense involving a victim who at the time of the commission of	5831
the offense was a member of the family or household that is the	5832
subject of the proceeding and caused physical harm to the victim	5833
in the commission of the offense, or has been determined to be the	5834
perpetrator of the abusive act that is the basis of an	5835
adjudication that a child is an abused child, the court may order	5836
mediation only if the court determines that it is in the best	5837
interests of the parties to order mediation and makes specific	5838
written findings of fact to support its determination.	5839

If a court issues an order pursuant to this division	5840
requiring mediation, it also may order the parents to file a	5841
mediation report within a specified period of time and order the	5842
parents to pay the cost of mediation, unless either or both of the	5843
parents file a motion requesting that the court waive that	5844
requirement. Upon the filing of a motion requesting the waiver of	5845
that requirement, the court, for good cause shown, may waive the	5846
requirement that either or both parents pay the cost of mediation	5847
or may require one of the parents to pay the entire cost of	5848
mediation. Any mediation procedures adopted by local court rule	5849
for use under this division shall include, but are not limited to,	5850
provisions establishing qualifications for mediators who may be	5851
employed or used and provisions establishing standards for the	5852
conduct of the mediation.	5853

(B) If a mediation order is issued under division (A) of	5854
this section and the order requires the parents to file a	5855
mediation report, the mediator and each parent who takes part in	5856
mediation in accordance with the order jointly shall file a report	5857
of the results of the mediation process with the court that issued	5858
the order under that division. A mediation report shall indicate	5859
only whether agreement has been reached on any of the issues that	5860
were the subject of the mediation, and, if agreement has been	5861
reached, the content and details of the agreement. No mediation	5862
report shall contain any background information concerning the	5863
mediation process or any information discussed or presented in the	5864
process. The court shall consider the mediation report when it	5865
allocates parental rights and responsibilities for the care of	5866
children under section 3109.04 of the Revised Code and when it	5867
establishes a specific schedule of ~~visitation~~parenting time under	5868
section 3109.051 of the Revised Code. The court is not bound by	5869
the mediation report and shall consider the best interest of the	5870
children when making that allocation or establishing the	5871
~~visitation~~parenting time schedule.	5872

(C) If a mediation order is issued under division (A) of	5873
this section, the mediator shall not be made a party to, and shall	5874
not be called as a witness or testify in, any action or	5875
proceeding, other than a criminal, delinquency, child abuse, child	5876
neglect, or dependent child action or proceeding, that is brought	5877
by or against either parent and that pertains to the mediation	5878
process, to any information discussed or presented in the	5879
mediation process, to the allocation of parental rights and	5880
responsibilities for the care of the parents' children, or to the	5881
awarding of ~~visitation~~parenting time rights in relation to their	5882
children. The mediator shall not be made a party to, or be called	5883
as a witness or testify in, such an action or proceeding even if	5884
both parents give their prior consent to the mediator being made a	5885
party to or being called as a witness or to testify in the action	5886
or proceeding.	5887

(D) Division (A) of this section does not apply to either of	5888
the following:	5889

(1) Any proceeding, or the use of mediation in any	5890
proceeding that is not a proceeding for divorce, dissolution,	5891
legal separation, annulment, or the allocation of parental rights	5892
and responsibilities for the care of a child;	5893

(2) The use of mediation in any proceeding for divorce,	5894
dissolution, legal separation, annulment, or the allocation of	5895
parental rights and responsibilities for the care of a child, in	5896
relation to issues other than the appropriate allocation of	5897
parental rights and responsibilities for the care of the parents'	5898
children and other than a specific ~~visitation~~parenting time	5899
schedule for the parents' children.	5900

Sec. 3109.11. If either the father or mother of an unmarried	5901
minor child is deceased, the court of common pleas of the county	5902
in which the minor child resides may grant the parents and other	5903
relatives of the deceased father or mother reasonable	5904
companionship or visitation rights with respect to the minor child	5905
during the child's minority if the parent or other relative files	5906
a complaint requesting reasonable companionship or visitation	5907
rights and if the court determines that the granting of the	5908
companionship or visitation rights is in the best interest of the	5909
minor child. In determining whether to grant any person	5910
reasonable companionship or visitation rights with respect to any	5911
child, the court shall consider all relevant factors, including,	5912
but not limited to, the factors set forth in division (D) of	5913
section 3109.051 of the Revised Code. Divisions (C), (K), and (L)	5914
of section 3109.051 of the Revised Code apply to the determination	5915
of reasonable companionship or visitation rights under this	5916
section and to any order granting any such rights that is issued	5917
under this section.	5918

The remarriage of the surviving parent of the child or the	5919
adoption of the child by the spouse of the surviving parent of the	5920
child does not affect the authority of the court under this	5921
section to grant reasonable companionship or visitation rights	5922
with respect to the child to a parent or other relative of the	5923
child's deceased father or mother.	5924

If the court denies a request for reasonable companionship or	5925
visitation rights made pursuant to this section and the	5926
complainant files a written request for findings of fact and	5927
conclusions of law, the court shall state in writing its findings	5928
of fact and conclusions of law in accordance with Civil Rule 52.	5929

Except as provided in division (E)(6) of section 3113.31 of	5930
the Revised Code, if the court, pursuant to this section, grants	5931
any person companionship or visitation rights with respect to any	5932
child, it shall not require the public children services agency to	5933
provide supervision of or other services related to that person's	5934
exercise of companionship or visitation rights with respect to the	5935
child. This section does not limit the power of a juvenile court	5936
pursuant to Chapter 2151. of the Revised Code to issue orders with	5937
respect to children who are alleged to be abused, neglected, or	5938
dependent children or to make dispositions of children who are	5939
adjudicated abused, neglected, or dependent children or of a	5940
common pleas court to issue orders pursuant to section 3113.31 of	5941
the Revised Code.	5942

Sec. 3109.12. (A) If a child is born to an unmarried woman,	5943
the parents of the woman and any relative of the woman may file a	5944
complaint requesting the court of common pleas of the county in	5945
which the child resides to grant them reasonable companionship or	5946
visitation rights with the child. If a child is born to an	5947
unmarried woman and if the father of the child has acknowledged	5948
the child and that acknowledgment has become final pursuant to	5949
section 2151.232, ~~3111.211~~3111.25, or ~~5101.314~~3111.821 of the	5950
Revised Code or has been determined in an action under Chapter	5951
3111. of the Revised Code to be the father of the child, the	5952
father,may file a complaint requesting that the court of	5953
appropriate jurisdiction of the county in which the child resides	5954
grant him reasonable parenting time rights with the child and the	5955
parents of the father, and any relative of the father may file a	5956
complaint requesting that the court ~~of common pleas of the county~~	5957
~~in which the child resides to~~ grant them reasonable companionship	5958
or visitation rights with ~~respect to~~ the child.	5959

(B) The court may grant the parenting time rights or	5960
companionship or visitation rights requested under division (A) of	5961
this section, if it determines that the granting of the parenting	5962
time rights or companionship or visitation rights is in the best	5963
interest of the child. In determining whether to grant ~~any person~~	5964
reasonable parenting time rights or reasonable companionship or	5965
visitation rights with respect to any child, the court shall	5966
consider all relevant factors, including, but not limited to, the	5967
factors set forth in division (D) of section 3109.051 of the	5968
Revised Code. Divisions (C), (K), and (L) of section 3109.051 of	5969
the Revised Code apply to the determination of reasonable	5970
parenting time rights or reasonable companionship or visitation	5971
rights under this section and to any order granting any such	5972
rights that is issued under this section.	5973

The marriage or remarriage of the mother or father of a child	5974
does not affect the authority of the court under this section to	5975
grant the natural father,reasonable parenting time rights or the	5976
parents or relatives of the natural father, or the parents or	5977
relatives of the mother of the child reasonable companionship or	5978
visitation rights with respect to the child.	5979

If the court denies a request for reasonable parenting time	5980
rights or reasonable companionship or visitation rights made	5981
pursuant to division (A) of this section and the complainant files	5982
a written request for findings of fact and conclusions of law, the	5983
court shall state in writing its findings of fact and conclusions	5984
of law in accordance with Civil Rule 52.	5985

Except as provided in division (E)(6) of section 3113.31 of	5986
the Revised Code, if the court, pursuant to this section, grants	5987
~~any person~~parenting time rights or companionship or visitation	5988
rights with respect to any child, it shall not require the public	5989
children services agency to provide supervision of or other	5990
services related to that parent's exercise of parenting time	5991
rights with the child or that person's exercise of companionship	5992
or visitation rights with ~~respect to~~ the child. This section does	5993
not limit the power of a juvenile court pursuant to Chapter 2151.	5994
of the Revised Code to issue orders with respect to children who	5995
are alleged to be abused, neglected, or dependent children or to	5996
make dispositions of children who are adjudicated abused,	5997
neglected, or dependent children or of a common pleas court to	5998
issue orders pursuant to section 3113.31 of the Revised Code.	5999

Sec. 3109.19. (A) As used in this section, "minor" has the	6000
same meaning as in section 3107.01 of the Revised Code.	6001

(B)(1) If a child is born to parents who are unmarried and	6002
unemancipated minors, a parent of one of the minors is providing	6003
support for the minors' child, and the minors have not signed an	6004
acknowledgment of paternity or a parent and child relationship has	6005
not been established between the child and the male minor, the	6006
parent who is providing support for the child may request a	6007
determination of the existence or nonexistence of a parent and	6008
child relationship between the child and the male minor pursuant	6009
to Chapter 3111. of the Revised Code.	6010

(2) If a child is born to parents who are unmarried and	6011
unemancipated minors, a parent of one of the minors is providing	6012
support for the child, and the minors have signed an	6013
acknowledgment of paternity that has become final pursuant to	6014
section 2151.232, ~~3111.211~~3111.25, or ~~5101.314~~3111.821 of the	6015
Revised Code or a parent and child relationship has been	6016
established between the child and the male minor pursuant to	6017
Chapter 3111. of the Revised Code, the parent who is providing	6018
support for the child may file a complaint requesting that the	6019
court issue an order or may request the child support enforcement	6020
agency of the county in which the child resides to issue an	6021
administrative order requiring all of the minors' parents to pay	6022
support for the child.	6023

(C)(1) On receipt of a complaint filed under division (B)(2)	6024
of this section, the court shall schedule a hearing to determine,	6025
in accordance with ~~sections 3113.21 to 3113.219~~Chapters 3119.,	6026
3121., 3123., and3125. of the Revised Code, the amount of child	6027
support the minors' parents are required to pay, the method of	6028
paying the support, and the method of providing for the child's	6029
health care needs. On receipt of a request under division (B)(2)	6030
of this section, the agency shall schedule a hearing to determine,	6031
in accordance with ~~sections 3111.23 to 3111.28 and 3113.215~~	6032
Chapters 3119., 3121., 3123., and3125. of the Revised Code, the	6033
amount of child support the minors' parents are required to pay,	6034
the method of paying the support, and the method of providing for	6035
the child's health care needs. At the conclusion of the hearing,	6036
the court or agency shall issue an order requiring the payment of	6037
support of the child and provision for the child's health care	6038
needs. The court or agency shall calculate the child support	6039
amount using the income of the minors' parents instead of the	6040
income of the minors. If any of the minors' parents are divorced,	6041
the court or agency shall calculate the child support as if they	6042
were married, and issue a child support order requiring the	6043
parents to pay a portion of any support imposed as a separate	6044
obligation. If a child support order issued pursuant to section	6045
2151.23, 2151.231, 2151.232, 3111.13, ~~3111.20, 3111.211,~~ or	6046
~~3111.22~~3111.81 of the Revised Code requires one of the minors to	6047
pay support for the child, the amount the minor is required to pay	6048
shall be deducted from any amount that minor's parents are	6049
required to pay pursuant to an order issued under this section.	6050
The hearing shall be held not later than sixty days after the day	6051
the complaint is filed or the request is made nor earlier than	6052
thirty days after the court or agency gives the minors' parents	6053
notice of the action.	6054

(2) An order issued by an agency for the payment of child	6055
support shall include a notice stating all of the following: that	6056
the parents of the minors may object to the order by filing a	6057
complaint pursuant to division (B)(2) of this section with the	6058
court requesting that the court issue an order requiring the	6059
minors' parents to pay support for the child and provide for the	6060
child's health care needs; that the complaint may be filed no	6061
later than thirty days after the date of the issuance of the	6062
agency's order; and that, if none of the parents of the minors	6063
file a complaint pursuant to division (B)(2) of this section, the	6064
agency's order is final and enforceable by a court and may be	6065
modified and enforced only in accordance with ~~sections 3111.23 to~~	6066
~~3111.28 and sections 3113.21 to 3113.219~~Chapters 3119., 3121.,	6067
3123., and3125. of the Revised Code.	6068

(D) An order issued by a court or agency under this section	6069
shall remain in effect, except as modified pursuant to ~~sections~~	6070
~~3113.21 to 3113.219~~Chapters 3119., 3121., 3123., and3125. of the	6071
Revised Code ~~with respect to a court-issued child support order or~~	6072
~~pursuant to sections 3111.23 to 3111.28 and 3113.215 of the~~	6073
~~Revised Code with respect to an administrative child support~~	6074
~~order,~~ until the occurrence of any of the following:	6075

(1) The minor who resides with the parents required to pay	6076
support under this section reaches the age of eighteen years,	6077
dies, marries, enlists in the armed services, is deported, gains	6078
legal or physical custody of the child, or is otherwise	6079
emancipated.	6080

(2) The child who is the subject of the order dies, is	6081
adopted, is deported, or is transferred to the legal or physical	6082
custody of the minor who lives with the parents required to pay	6083
support under this section.	6084

(3) The minor's parents to whom support is being paid	6085
pursuant to this section is no longer providing any support for	6086
the child.	6087

(E)~~(1)~~ The minor's parents to whom support is being paid	6088
under a child support order issued by a court or agency pursuant	6089
to this section shall notify, and the minor's parents who are	6090
paying support may notify the child support enforcement agency of	6091
the occurrence of any event described in division (D) of this	6092
section. A willful failure to notify the agency as required by	6093
this division is contempt of court with respect to a court child	6094
support order. Upon receiving notification pursuant to this	6095
division, the agency shall comply with ~~division (G)(4) of section~~	6096
~~3113.21~~sections 3119.90 to3119.94 of the Revised Code.	6097

~~(2) The minor's parents to whom support is being paid under~~	6098
~~a child support order issued by the agency pursuant to this~~	6099
~~section shall notify, and the minor's parents who are paying~~	6100
~~support may notify the child support enforcement agency of the~~	6101
~~occurrence of any event described in division (D) of this section.~~	6102
~~Upon receiving notification pursuant to this division, the agency~~	6103
~~shall comply with division (E)(4) of section 3111.23 of the~~	6104
~~Revised Code.~~	6105

Sec. 3109.21. As used in sections 3109.21 to 3109.37 of the	6106
Revised Code:	6107

(A) "Contestant" means a parent of a child who claims a	6108
right to be the residential parent and legal custodian of the	6109
child or claims ~~visitation~~parenting time rights with respect to	6110
the child, or a person, other than a parent of a child, who claims	6111
a right to custody or visitation rights with respect to the child.	6112

(B) "Parenting determination" means a court decision and	6113
court orders and instructions that, in relation to the parents of	6114
a child, allocates parental rights and responsibilities for the	6115
care of the child, including any designation of ~~visitation~~	6116
parenting time rights, and designates a residential parent and	6117
legal custodian of the child or that, in relation to any other	6118
person, provides for the custody of a child, including visitation	6119
rights. It does not include a decision relating to child support	6120
or any other monetary obligation of any person.	6121

(C) "Parenting proceeding" includes proceedings in which a	6122
parenting determination is one of several issues, such as an	6123
action for divorce or separation, and includes child neglect and	6124
dependency proceedings.	6125

(D) "Decree" or "parenting decree" means a parenting	6126
determination contained in a judicial decree or order made in a	6127
parenting proceeding, and includes an initial decree and a	6128
modification decree.	6129

(E) "Home state" means the state in which the child,	6130
immediately preceding the time involved, lived with ~~his~~the	6131
child's parents, a parent, or a person acting as parent, for at	6132
least six consecutive months, and in the case of a child less than	6133
six months old the state in which the child lived from birth with	6134
any of the persons mentioned. Periods of temporary absence of any	6135
of the named persons are counted as part of the six-month or other	6136
period.	6137

(F) "Initial decree" means the first parenting decree	6138
concerning a particular child.	6139

(G) "Modification decree" means a parenting decree that	6140
modifies or replaces a prior decree, whether made by the court	6141
that rendered the prior decree or by another court.	6142

(H) "Physical custody" means actual possession and control	6143
of a child.	6144

(I) "Person acting as parent" means a person, other than a	6145
parent, who has physical custody of a child and who either has	6146
been awarded custody by a court or claims a right to custody.	6147

Sec. 3109.27. (A) Each party in a parenting proceeding, in	6148
the party's first pleading or in an affidavit attached to that	6149
pleading, shall give information under oath as to the child's	6150
present address, the places where the child has lived within the	6151
last five years, and the name and present address of each person	6152
with whom the child has lived during that period. In this	6153
pleading or affidavit, each party also shall include all of the	6154
following information:	6155

(1) Whether the party has participated as a party, a	6156
witness, or in any other capacity in any other litigation, in this	6157
or any other state, that concerned the allocation, between the	6158
parents of the same child, of parental rights and responsibilities	6159
for the care of the child and the designation of the residential	6160
parent and legal custodian of the child or that otherwise	6161
concerned the custody of the same child;	6162

(2) Whether the party has information of any parenting	6163
proceeding concerning the child pending in a court of this or any	6164
other state;	6165

(3) Whether the party knows of any person who is not a party	6166
to the proceeding and has physical custody of the child or claims	6167
to be a parent of the child who is designated the residential	6168
parent and legal custodian of the child or to have ~~visitation~~	6169
parenting time rights with respect to the child or to be a person	6170
other than a parent of the child who has custody or visitation	6171
rights with respect to the child;	6172

(4) Whether the party previously has been convicted of or	6173
pleaded guilty to any criminal offense involving any act that	6174
resulted in a child being an abused child or a neglected child or	6175
previously has been determined, in a case in which a child has	6176
been adjudicated an abused child or a neglected child, to be the	6177
perpetrator of the abusive or neglectful act that was the basis of	6178
the adjudication.	6179

(B) If the declaration under division (A)(1), (2), (3), or	6180
(4) of this section is in the affirmative, the court may require	6181
the declarant to give additional information under oath. The	6182
court may examine the parties under oath as to details of the	6183
information furnished and as to other matters pertinent to the	6184
court's jurisdiction and the disposition of the case.	6185

(C) Each party has a continuing duty to inform the court of	6186
any parenting proceeding concerning the child in this or any other	6187
state of which the party obtained information during this	6188
proceeding.	6189

(D) A public children services agency, acting pursuant to a	6190
complaint or an action on a complaint filed under section 2151.27	6191
of the Revised Code, is not subject to the requirements of this	6192
section.	6193

(E) As used in this section, "abused child" has the same	6194
meaning as in section 2151.031 of the Revised Code, and "neglected	6195
child" has the same meaning as in section 2151.03 of the Revised	6196
Code.	6197

Sec. 3109.28. If the court learns from information furnished	6198
by the parties pursuant to section 3109.27 of the Revised Code or	6199
from other sources that a person not a party to the parenting	6200
proceeding has physical custody of the child, claims to be a	6201
parent of the child who has parental rights and responsibilities	6202
for the care of the child and who has been designated the	6203
residential parent and legal custodian of the child, claims to be	6204
any other person with custody of the child, or claims to have	6205
parenting time rights or visitation rights with respect to the	6206
child, it shall order that person to be joined as a party and to	6207
be duly notified of the pendency of the proceeding and of ~~his~~the	6208
person's joinder as a party. If the person joined as a party is	6209
outside this state hethe person shall be served with process or	6210
otherwise notified in accordance with division (B) of section	6211
3109.23 of the Revised Code.	6212

Sec. 3111.01. (A) As used in sections 3111.01 to ~~3111.29~~	6213
3111.85 of the Revised Code, "parent and child relationship" means	6214
the legal relationship that exists between a child and the child's	6215
natural or adoptive parents and upon which those sections and any	6216
other provision of the Revised Code confer or impose rights,	6217
privileges, duties, and obligations. The "parent and child	6218
relationship" includes the mother and child relationship and the	6219
father and child relationship.	6220

(B) The parent and child relationship extends equally to all	6221
children and all parents, regardless of the marital status of the	6222
parents.	6223

Sec. 3111.02. (A) The parent and child relationship between	6224
a child and the child's natural mother may be established by proof	6225
of her having given birth to the child or pursuant to sections	6226
3111.01 to ~~3111.19~~3111.18 or 3111.20 to ~~3111.29~~3111.85 of the	6227
Revised Code. The parent and child relationship between a child	6228
and the natural father of the child may be established by an	6229
acknowledgment of paternity as provided in ~~section 5101.314~~	6230
sections 3111.20 to3111.35 of the Revised Code, and pursuant to	6231
sections 3111.01 to ~~3111.19~~3111.18 or ~~3111.20~~3111.38 to ~~3111.29~~	6232
3111.54 of the Revised Code. The parent and child relationship	6233
between a child and the adoptive parent of the child may be	6234
established by proof of adoption or pursuant to Chapter 3107. of	6235
the Revised Code.	6236

(B) A court that is determining a parent and child	6237
relationship pursuant to this chapter shall give full faith and	6238
credit to a parentage determination made under the laws of this	6239
state or another state, regardless of whether the parentage	6240
determination was made pursuant to a voluntary acknowledgement of	6241
paternity, an administrative procedure, or a court proceeding.	6242

Sec. 3111.03. (A) A man is presumed to be the natural	6243
father of a child under any of the following circumstances:	6244

(1) The man and the child's mother are or have been married	6245
to each other, and the child is born during the marriage or is	6246
born within three hundred days after the marriage is terminated by	6247
death, annulment, divorce, or dissolution or after the man and the	6248
child's mother separate pursuant to a separation agreement.	6249

(2) The man and the child's mother attempted, before the	6250
child's birth, to marry each other by a marriage that was	6251
solemnized in apparent compliance with the law of the state in	6252
which the marriage took place, the marriage is or could be	6253
declared invalid, and either of the following applies:	6254

(a) The marriage can only be declared invalid by a court and	6255
the child is born during the marriage or within three hundred days	6256
after the termination of the marriage by death, annulment,	6257
divorce, or dissolution;	6258

(b) The attempted marriage is invalid without a court order	6259
and the child is born within three hundred days after the	6260
termination of cohabitation.	6261

(3) ~~The man and the child's mother, after the child's birth,~~	6262
~~married or attempted to marry each other by a marriage solemnized~~	6263
~~in apparent compliance with the law of the state in which the~~	6264
~~marriage took place, and either of the following occurs:~~	6265

~~(a) The man has acknowledged his paternity of the child in a~~	6266
~~writing sworn to before a notary public;~~	6267

~~(b) The man is required to support the child by a written~~	6268
~~voluntary promise or by a court order.~~	6269

~~(4)~~ An acknowledgment of paternity has been filed ~~with the~~	6270
~~division of child support in the department of job and family~~	6271
~~services becomes final~~ pursuant to section ~~2151.232, 3111.211, or~~	6272
3111.23or former section 5101.314 of the Revised Code and has not	6273
become final under former section 3111.211 or 5101.314 or section	6274
2151.232, 3111.25, or 3111.821 of the Revised Code.	6275

~~(5) A court or administrative body, pursuant to section~~	6276
~~3111.09, 3111.22, or 3115.52 of the Revised Code or otherwise, has~~	6277
~~ordered that genetic tests be conducted or the natural mother and~~	6278
~~alleged natural father voluntarily agreed to genetic testing~~	6279
~~pursuant to former section 3111.21 of the Revised Code to~~	6280
~~determine the father and child relationship and the results of the~~	6281
~~genetic tests indicate a probability of ninety-nine per cent or~~	6282
~~greater that the man is the biological father of the child.~~	6283

(B)~~(1) A presumption arises under division (A)(3) of this~~	6284
~~section regardless of the validity or invalidity of the marriage~~	6285
~~of the parents.~~ A presumption that arises under this section can	6286
only be rebutted by clear and convincing evidence that includes	6287
the results of genetic testing, except that a presumption that	6288
~~arises under division (A)(1) or (2) of this section~~ is conclusive	6289
as provided in division (A) of section ~~3111.37~~3111.95 of the	6290
Revised Code ~~and~~ cannot be rebutted. An acknowledgment of	6291
paternity that becomes final under section 2151.232, 3111.25, or	6292
3111.821 of the Revised Code is not a presumption and shall be	6293
considered a final and enforceable determination of paternity	6294
unless the acknowledgment is rescinded under section 3111.28 or	6295
3119.962 of the Revised Code. If two or more conflicting	6296
presumptions arise under this section, the court shall determine,	6297
based upon logic and policy considerations, which presumption	6298
controls. ~~If a determination described in division (B)(3) of this~~	6299
~~section conflicts with a presumption that arises under this~~	6300
~~section the determination is controlling.~~	6301

~~(2) Notwithstanding division (B)(1) of this section, a~~	6302
~~presumption that arises under division (A)(4) of this section may~~	6303
~~only be rebutted as provided in division (B)(2) of section~~	6304
~~5101.314 of the Revised Code.~~	6305

~~(3) Notwithstanding division (A)(5) of this section, a final~~	6306
~~and enforceable determination finding the existence of a father~~	6307
~~and child relationship pursuant to former section 3111.21 or~~	6308
~~section 3111.22 of the Revised Code that is based on the results~~	6309
~~of genetic tests ordered pursuant to either of those sections, is~~	6310
~~not a presumption.~~	6311

(C) A(1)Except as provided in division (C)(2) of this	6312
section, a presumption of paternity that arose pursuant to this	6313
section prior to ~~January 1, 1998,~~the effective date of this	6314
amendment shall remain valid on and after that date unless	6315
rebutted pursuant to division (B) of this section. This division	6316
does not apply to a determination described in division (B)(3) of	6317
this section as division (B)(3) of this section existed prior to	6318
the effective date of this amendment.	6319

(2) A presumption of paternity that arose prior to the	6320
effective date of this amendment based on an acknowledgment of	6321
paternity that became final under former section 3111.211 or	6322
5101.314 or section 2151.232 of the Revised Code is not a	6323
presumption and shall be considered a final and enforceable	6324
determination of paternity unless the acknowledgment is rescinded	6325
under section 3111.28 or 3119.962 of the Revised Code.	6326

Sec. 3111.04. (A) An action to determine the existence or	6327
nonexistence of the father and child relationship may be brought	6328
by the child or the child's personal representative, the child's	6329
mother or her personal representative, a man alleged or alleging	6330
himself to be the child's father, the child support enforcement	6331
agency of the county in which the child resides if the child's	6332
mother is a recipient of public assistance or of services under	6333
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	6334
U.S.C.A. 651, as amended, or the alleged father's personal	6335
representative.	6336

(B) An agreement does not bar an action under this section.

6337

(C) If an action under this section is brought before the	6338
birth of the child and if the action is contested, all	6339
proceedings, except service of process and the taking of	6340
depositions to perpetuate testimony, may be stayed until after the	6341
birth.	6342

(D) A recipient of public assistance or of services under	6343
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	6344
U.S.C.A. 651, as amended, shall cooperate with the child support	6345
enforcement agency of the county in which a child resides to	6346
obtain an administrative determination pursuant to ~~section 3111.22~~	6347
sections 3111.38 to3111.54 of the Revised Code, or, if necessary,	6348
a court determination pursuant to sections 3111.01 to ~~3111.19~~	6349
3111.18 of the Revised Code, of the existence or nonexistence of a	6350
parent and child relationship between the father and the child.	6351
If the recipient fails to cooperate, the agency may commence an	6352
action to determine the existence or nonexistence of a parent and	6353
child relationship between the father and the child pursuant to	6354
sections 3111.01 to ~~3111.19~~3111.18 of the Revised Code.	6355

(E) As used in this section, "public assistance" means	6356
medical assistance under Chapter 5111. of the Revised Code,	6357
assistance under Chapter 5107. of the Revised Code, or disability	6358
assistance under Chapter 5115. of the Revised Code.	6359

Sec. 3111.06. (A) ~~The juvenile court has original~~	6360
~~jurisdiction of any action authorized under sections 3111.01 to~~	6361
~~3111.19 of the Revised Code.~~ An action authorized under sections	6362
3111.01 to 3111.18 of the Revised Code may be brought ~~under those~~	6363
~~sections~~ in the juvenile court or other court with jurisdiction	6364
under section 2101.022 or 2301.03 of the Revised Code of the	6365
county in which the child, the child's mother, or the alleged	6366
father resides or is found or, if the alleged father is deceased,	6367
of the county in which proceedings for the probate of the alleged	6368
father's estate have been or can be commenced, or of the county in	6369
which the child is being provided support by the county department	6370
of job and family services of that county. An action pursuant to	6371
sections 3111.01 to ~~3111.19~~3111.18 of the Revised Code to object	6372
to an administrative order issued pursuant to former section	6373
3111.21 or ~~section~~ 3111.22 or sections 3111.38 to3111.54 of the	6374
Revised Code determining the existence or nonexistence of a parent	6375
and child relationship that has not become final and enforceable,	6376
may be brought only in the juvenile court or other court with	6377
jurisdiction of the county in which the child support enforcement	6378
agency that issued the order is located. If an action for	6379
divorce, dissolution, or legal separation has been filed in a	6380
court of common pleas, that court of common pleas has original	6381
jurisdiction to determine if the parent and child relationship	6382
exists between one or both of the parties and any child alleged or	6383
presumed to be the child of one or both of the parties.	6384

(B) A person who has sexual intercourse in this state	6385
submits to the jurisdiction of the courts of this state as to an	6386
action brought under sections 3111.01 to ~~3111.19~~3111.18 of the	6387
Revised Code with respect to a child who may have been conceived	6388
by that act of intercourse. In addition to any other method	6389
provided by the Rules of Civil Procedure, personal jurisdiction	6390
may be acquired by personal service of summons outside this state	6391
or by certified mail with proof of actual receipt.	6392

Sec. 3111.07. (A) The natural mother, each man presumed to	6393
be the father under section 3111.03 of the Revised Code, each man	6394
alleged to be the natural father, and, if the party who initiates	6395
the action is a recipient of public assistance as defined in	6396
section 3111.04 of the Revised Code or if the responsibility for	6397
the collection of support for the child who is the subject of the	6398
action has been assumed by the child support enforcement agency	6399
under Title IV-D of the "Social Security Act," 88 Stat. 2351	6400
(1975), 42 U.S.C.A. 651, as amended, the child support enforcement	6401
agency of the county in which the child resides shall be made	6402
parties to the action brought pursuant to sections 3111.01 to	6403
~~3111.19~~3111.18 of the Revised Code or, if not subject to the	6404
jurisdiction of the court, shall be given notice of the action	6405
pursuant to the Rules of Civil Procedure and shall be given an	6406
opportunity to be heard. The court may align the parties. The	6407
child shall be made a party to the action unless a party shows	6408
good cause for not doing so. Separate counsel shall be appointed	6409
for the child if the court finds that the child's interests	6410
conflict with those of the mother.	6411

If the person bringing the action knows that a particular man	6412
is not or, based upon the facts and circumstances present, could	6413
not be the natural father of the child, the person bringing the	6414
action shall not allege in the action that the man is the natural	6415
father of the child and shall not make the man a party to the	6416
action.	6417

(B) If an action is brought pursuant to sections 3111.01 to	6418
~~3111.19~~3111.18 of the Revised Code and the child to whom the	6419
action pertains is or was being provided support by the department	6420
of job and family services, a county department of job and family	6421
services, or another public agency, the department, county	6422
department, or agency may intervene for purposes of collecting or	6423
recovering the support.	6424

Sec. 3111.08. (A) An action brought pursuant to sections	6425
3111.01 to ~~3111.19~~3111.18 of the Revised Code to declare the	6426
existence or nonexistence of the father and child relationship is	6427
a civil action and shall be governed by the Rules of Civil	6428
Procedure unless a different procedure is specifically provided by	6429
those sections.	6430

(B) If an action is brought against a person to declare the	6431
existence or nonexistence of the father and child relationship	6432
between that person and a child and the person in his answer	6433
admits the existence or nonexistence of the father and child	6434
relationship as alleged in the action, the court shall enter	6435
judgment in accordance with section 3111.13 of the Revised Code.	6436
If the person against whom the action is brought fails to plead or	6437
otherwise defend against the action, the opposing party may make	6438
an oral or written motion for default judgment pursuant to the	6439
Rules of Civil Procedure. The court shall render a judgment by	6440
default against the person after hearing satisfactory evidence of	6441
the truth of the statements in the complaint.	6442

Sec. 3111.09. (A)(1) In any action instituted under	6443
sections 3111.01 to ~~3111.19~~3111.18 of the Revised Code, the court,	6444
upon its own motion, may order and, upon the motion of any party	6445
to the action, shall order the child's mother, the child, the	6446
alleged father, and any other person who is a defendant in the	6447
action to submit to genetic tests. Instead of or in addition to	6448
genetic testing ordered pursuant to this section, the court may	6449
use the following information to determine the existence of a	6450
parent and child relationship between the child and the child's	6451
mother, the alleged father, or another defendant:	6452

(a) A DNA record of the child's mother, the child, the	6453
alleged father, or any other defendant that is stored in the DNA	6454
database pursuant to section 109.573 of the Revised Code;	6455

(b) Results of genetic tests conducted on the child, the	6456
child's mother, the alleged father, or any other defendant	6457
pursuant to former section 3111.21 or ~~section~~ 3111.22 or sections	6458
3111.38 to3111.54 of the Revised Code.	6459

If the court intends to use the information described in	6460
division (A)(1)(a) of this section, it shall order the	6461
superintendent of the bureau of criminal identification and	6462
investigation to disclose the information to the court. If the	6463
court intends to use the genetic test results described in	6464
division (A)(1)(b) of this section, it shall order the agency that	6465
ordered the tests to provide the report of the genetic test	6466
results to the court.	6467

(2) If the child support enforcement agency is not made a	6468
party to the action, the clerk of the court shall schedule the	6469
genetic testing no later than thirty days after the court issues	6470
its order. If the agency is made a party to the action, the	6471
agency shall schedule the genetic testing in accordance with the	6472
rules adopted by the director of job and family services pursuant	6473
to section ~~2301.35~~3111.611 of the Revised Code. If the alleged	6474
father of a child brings an action under sections 3111.01 to	6475
~~3111.19~~3111.18 of the Revised Code and if the mother of the child	6476
willfully fails to submit to genetic testing or if the mother is	6477
the custodian of the child and willfully fails to submit the child	6478
to genetic testing, the court, on the motion of the alleged	6479
father, shall issue an order determining the existence of a parent	6480
and child relationship between the father and the child without	6481
genetic testing. If the mother or other guardian or custodian of	6482
the child brings an action under sections 3111.01 to ~~3111.19~~	6483
3111.18 of the Revised Code and if the alleged father of the child	6484
willfully fails to submit himself to genetic testing or, if the	6485
alleged father is the custodian of the child and willfully fails	6486
to submit the child to genetic testing, the court shall issue an	6487
order determining the existence of a parent and child relationship	6488
between the father and the child without genetic testing. If a	6489
party shows good cause for failing to submit to genetic testing or	6490
for failing to submit the child to genetic testing, the court	6491
shall not consider the failure to be willful.	6492

(3) Except as provided in division (A)(4) of this section,	6493
any fees charged for the tests shall be paid by the party that	6494
requests them, unless the custodian of the child is represented by	6495
the child support enforcement agency in its role as the agency	6496
providing enforcement of child support orders under Title IV-D of	6497
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as	6498
amended, the custodian is a participant in Ohio works first under	6499
Chapter 5107. of the Revised Code for the benefit of the child, or	6500
the defendant in the action is found to be indigent, in which case	6501
the child support enforcement agency shall pay the costs of	6502
genetic testing. The child support enforcement agency, within	6503
guidelines contained in that federal law, shall use funds received	6504
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 2351	6505
(1975), 42 U.S.C. 651, as amended, to pay the fees charged for the	6506
tests.	6507

Except as provided in division (A)(4) of this section, if	6508
there is a dispute as to who shall pay the fees charged for	6509
genetic testing, the child support enforcement agency shall pay	6510
the fees, but neither the court nor the agency shall delay genetic	6511
testing due to a dispute as to who shall pay the genetic testing	6512
fees. The child support enforcement agency or the person who paid	6513
the fees charged for the genetic testing may seek reimbursement	6514
for the genetic testing fees from the person against whom the	6515
court assesses the costs of the action. Any funds used in	6516
accordance with this division by the child support enforcement	6517
agency shall be in addition to any other funds that the agency is	6518
entitled to receive as a result of any contractual provision for	6519
specific funding allocations for the agency between the county,	6520
the state, and the federal government.	6521

(4) If, pursuant to former section 3111.21 or ~~section~~	6522
3111.22 or sections 3111.38 to3111.54 of the Revised Code, the	6523
agency has previously conducted genetic tests on the child,	6524
child's mother, alleged father, or any other defendant and the	6525
current action pursuant to section 3111.01 to ~~3111.19~~3111.18 of	6526
the Revised Code has been brought to object to the result of those	6527
previous tests, the agency shall not be required to pay the fees	6528
for conducting genetic tests pursuant to this section on the same	6529
persons.	6530

(B)(1) The genetic tests shall be made by qualified	6531
examiners who are authorized by the court or the department of job	6532
and family services. An examiner conducting a genetic test, upon	6533
the completion of the test, shall send a complete report of the	6534
test results to the clerk of the court that ordered the test or,	6535
if the agency is a party to the action, to the child support	6536
enforcement agency of the county in which the court that ordered	6537
the test is located.	6538

(2) If a court orders the superintendent of the bureau of	6539
criminal identification and investigation to disclose information	6540
regarding a DNA record stored in the DNA database pursuant to	6541
section 109.573 of the Revised Code, the superintendent shall send	6542
the information to the clerk of the court that issued the order	6543
or, if the agency is a party to the action, to the child support	6544
enforcement agency of the county in which the court that issued	6545
the order is located.	6546

(3) If a court orders the child support enforcement agency	6547
to provide the report of the genetic test results obtained	6548
pursuant to former section 3111.21 or ~~section~~ 3111.22 or sections	6549
3111.38 to3111.54 of the Revised Code, the agency shall send the	6550
information to the person or government entity designated by the	6551
court that issued the order.	6552

(4) The clerk, agency, or person or government entity under	6553
division (B)(3) of this section that receives a report or	6554
information pursuant to division (B)(1), (2), or (3) of this	6555
section shall mail a copy of the report or information to the	6556
attorney of record for each party or, if a party is not	6557
represented by an attorney, to the party. The clerk, agency, or	6558
person or government entity under division (B)(3) of this section	6559
that receives a copy of the report or information shall include	6560
with the report or information sent to an attorney of record of a	6561
party or a party a notice that the party may object to the	6562
admission into evidence of the report or information by filing a	6563
written objection as described in division (D) of section 3111.12	6564
of the Revised Code with the court that ordered the tests or	6565
ordered the disclosure of the information no later than fourteen	6566
days after the report or information was mailed to the attorney of	6567
record or to the party. The examiners may be called as witnesses	6568
to testify as to their findings. Any party may demand that other	6569
qualified examiners perform independent genetic tests under order	6570
of the court. The number and qualifications of the independent	6571
examiners shall be determined by the court.	6572

(C) Nothing in this section prevents any party to the action	6573
from producing other expert evidence on the issue covered by this	6574
section, but, if other expert witnesses are called by a party to	6575
the action, the fees of these expert witnesses shall be paid by	6576
the party calling the witnesses and only ordinary witness fees for	6577
these expert witnesses shall be taxed as costs in the action.	6578

(D) If the court finds that the conclusions of all the	6579
examiners are that the alleged father is not the father of the	6580
child, the court shall enter judgment that the alleged father is	6581
not the father of the child. If the examiners disagree in their	6582
findings or conclusions, the court shall determine the father of	6583
the child based upon all the evidence.	6584

(E) As used in sections 3111.01 to ~~3111.29~~3111.85 of the	6585
Revised Code:	6586

(1) "Genetic tests" and "genetic testing" mean either of the	6587
following:	6588

(a) Tissue or blood tests, including tests that identify the	6589
presence or absence of common blood group antigens, the red blood	6590
cell antigens, human lymphocyte antigens, serum enzymes, serum	6591
proteins, or genetic markers;	6592

(b) Deoxyribonucleic acid typing of blood or buccal cell	6593
samples.	6594

"Genetic test" and "genetic testing" may include the typing	6595
and comparison of deoxyribonucleic acid derived from the blood of	6596
one individual and buccal cells of another.	6597

(2) "DNA record" and "DNA database" have the same meanings	6598
as in section 109.573 of the Revised Code.	6599

Sec. 3111.10. In an action brought under sections 3111.01 to	6600
~~3111.19~~3111.18 of the Revised Code, evidence relating to paternity	6601
may include:	6602

(A) Evidence of sexual intercourse between the mother and	6603
alleged father at any possible time of conception;	6604

(B) An expert's opinion concerning the statistical	6605
probability of the alleged father's paternity, which opinion is	6606
based upon the duration of the mother's pregnancy;	6607

(C) Genetic test results, weighted in accordance with	6608
evidence, if available, of the statistical probability of the	6609
alleged father's paternity;	6610

(D) Medical evidence relating to the alleged father's	6611
paternity of the child based on tests performed by experts. If a	6612
man has been identified as a possible father of the child, the	6613
court may, and upon the request of a party shall, require the	6614
child, the mother, and the man to submit to appropriate tests. Any	6615
fees charged for the tests shall be paid by the party that	6616
requests them unless the court orders the fees taxed as costs in	6617
the action.	6618

(E) All other evidence relevant to the issue of paternity of	6619
the child.	6620

Sec. 3111.11. If the person against whom an action is	6621
brought pursuant to sections 3111.01 to ~~3111.19~~3111.18 of the	6622
Revised Code does not admit in his answer the existence or	6623
nonexistence of the father and child relationship, the court shall	6624
hold a pretrial hearing, in accordance with the Civil Rules, at a	6625
time set by the court. At the pretrial hearing, the court shall	6626
notify each party to the action that the party may file a motion	6627
requesting the court to order the child's mother, the alleged	6628
father, and any other person who is a defendant in the action to	6629
submit to genetic tests and, if applicable, to the appropriate	6630
tests referred to in section 3111.10 of the Revised Code. When	6631
the court determines that all pretrial matters have been	6632
completed, the action shall be set for trial.	6633

Sec. 3111.111. If an action is brought pursuant to sections	6634
3111.01 to ~~3111.19~~3111.18 of the Revised Code to object to a	6635
determination made pursuant to former section 3111.21 or ~~section~~	6636
3111.22 or sections 3111.38 to3111.54 of the Revised Code that	6637
the alleged father is the natural father of a child, the court, on	6638
its own motion or on the motion of either party, shall issue a	6639
temporary order for the support of the child pursuant to ~~section~~	6640
~~3113.21 to 3113.219~~Chapters 3119., 3121., 3123., and3125. of the	6641
Revised Code requiring the alleged father to pay support to the	6642
natural mother or the guardian or legal custodian of the child.	6643
The order shall remain in effect until the court issues a judgment	6644
in the action pursuant to section 3111.13 of the Revised Code that	6645
determines the existence or nonexistence of a father and child	6646
relationship. If the court, in its judgment, determines that the	6647
alleged father is not the natural father of the child, the court	6648
shall order the person to whom the temporary support was paid	6649
under the order to repay the alleged father all amounts paid for	6650
support under the temporary order.	6651

Sec. 3111.12. (A) In an action under sections 3111.01 to	6652
~~3111.19~~3111.18 of the Revised Code, the mother of the child and	6653
the alleged father are competent to testify and may be compelled	6654
to testify by subpoena. If a witness refuses to testify upon the	6655
ground that the testimony or evidence of the witness might tend to	6656
incriminate the witness and the court compels the witness to	6657
testify, the court may grant the witness immunity from having the	6658
testimony of the witness used against the witness in subsequent	6659
criminal proceedings.	6660

(B) Testimony of a physician concerning the medical	6661
circumstances of the mother's pregnancy and the condition and	6662
characteristics of the child upon birth is not privileged.	6663

(C) Testimony relating to sexual access to the mother by a	6664
man at a time other than the probable time of conception of the	6665
child is inadmissible in evidence, unless offered by the mother.	6666

(D) If, pursuant to section 3111.09 of the Revised Code, a	6667
court orders genetic tests to be conducted, orders disclosure of	6668
information regarding a DNA record stored in the DNA database	6669
pursuant to section 109.573 of the Revised Code, or intends to use	6670
a report of genetic test results obtained from tests conducted	6671
pursuant to former section 3111.21 or ~~section~~ 3111.22 or sections	6672
3111.38 to3111.54 of the Revised Code, a party may object to the	6673
admission into evidence of any of the genetic test results or of	6674
the DNA record information by filing a written objection with the	6675
court that ordered the tests or disclosure or intends to use a	6676
report of genetic test results. The party shall file the written	6677
objection with the court no later than fourteen days after the	6678
report of the test results or the DNA record information is mailed	6679
to the attorney of record of a party or to a party. The party	6680
making the objection shall send a copy of the objection to all	6681
parties.	6682

If a party files a written objection, the report of the test	6683
results or the DNA record information shall be admissible into	6684
evidence as provided by the Rules of Evidence. If a written	6685
objection is not filed, the report of the test results or the DNA	6686
record information shall be admissible into evidence without the	6687
need for foundation testimony or other proof of authenticity or	6688
accuracy.	6689

(E) If a party intends to introduce into evidence invoices	6690
or other documents showing amounts expended to cover pregnancy and	6691
confinement and genetic testing, the party shall notify all other	6692
parties in writing of that intent and include copies of the	6693
invoices and documents. A party may object to the admission into	6694
evidence of the invoices or documents by filing a written	6695
objection with the court that is hearing the action no later than	6696
fourteen days after the notice and the copies of the invoices and	6697
documents are mailed to the attorney of record of each party or to	6698
each party.	6699

If a party files a written objection, the invoices and other	6700
documents shall be admissible into evidence as provided by the	6701
Rules of Evidence. If a written objection is not filed, the	6702
invoices or other documents are admissible into evidence without	6703
the need for foundation testimony or other evidence of	6704
authenticity or accuracy.	6705

(F) A juvenile court or other court with jurisdiction under	6706
section 2101.022 or 2301.03 of the Revised Code shall give	6707
priority to actions under sections 3111.01 to ~~3111.19~~3111.18 of	6708
the Revised Code and shall issue an order determining the	6709
existence or nonexistence of a parent and child relationship no	6710
later than one hundred twenty days after the date on which the	6711
action was brought in the juvenile court or other court with	6712
jurisdiction.	6713

Sec. 3111.13. (A) The judgment or order of the court	6714
determining the existence or nonexistence of the parent and child	6715
relationship is determinative for all purposes.	6716

(B) If the judgment or order of the court is at variance	6717
with the child's birth record, the court may order that a new	6718
birth record be issued under section 3111.18 of the Revised Code.	6719

(C) Except as otherwise provided in this section, the	6720
judgment or order may contain,at the request of a party and if	6721
not prohibited under federal law, any other provision directed	6722
against the appropriate party to the proceeding, concerning the	6723
duty of support, the payment of all or any part of the reasonable	6724
expenses of the mother's pregnancy and confinement, the furnishing	6725
of bond or other security for the payment of the judgment, or any	6726
other matter in the best interest of the child. ~~The judgment or~~	6727
~~order shall direct the father to pay all or any part of the~~	6728
~~reasonable expenses of the mother's pregnancy and confinement.~~	6729
After entry of the judgment or order, the father may petition that	6730
he be designated the residential parent and legal custodian of the	6731
child or for ~~visitation~~parenting time rights in a proceeding	6732
separate from any action to establish paternity. Additionally, if	6733
the mother is unmarried, the father,may file a complaint	6734
requesting the granting of reasonable parenting time rights, and	6735
the parents of the father, any relative of the father, the parents	6736
of the mother, and any relative of the mother may file a complaint	6737
~~pursuant to section 3109.12 of the Revised Code~~ requesting the	6738
granting ~~under that section~~ of reasonable companionship or	6739
visitation rights, with ~~respect to~~ the child pursuant to section	6740
3109.12 of the Revised Code.	6741

The judgment or order shall contain any provision required by	6742
section 3111.14 of the Revised Code.	6743

(D) Support judgments or orders ordinarily shall be for	6744
periodic payments that may vary in amount. In the best interest	6745
of the child, ~~a lump-sum payment or~~ the purchase of an annuity may	6746
be ordered in lieu of periodic payments of support IF THE purchase	6747
agreement provides that any remaining PRINCIPAL will be	6748
TRANSFERRED TO THE OWNERSHIP AND CONTROL OF THE CHILD ON THE	6749
CHILD'S ATTAINMENT OF THE AGE OF MAJORITY.	6750

(E) In determining the amount to be paid by a parent for	6751
support of the child and the period during which the duty of	6752
support is owed, a court enforcing the obligation of support shall	6753
comply with ~~sections 3113.21 to 3113.219~~Chapters 3119., 3121.,	6754
3123., and3125. of the Revised Code.	6755

(F)(1) ~~Each order for child support made or modified under~~	6756
~~this section shall include as part of the order a general~~	6757
~~provision, as described in division (A)(1) of section 3113.21 of~~	6758
~~the Revised Code, requiring the withholding or deduction of income~~	6759
~~or assets of the obligor under the order as described in division~~	6760
~~(D) or (H) of section 3113.21 of the Revised Code, or another type~~	6761
~~of appropriate requirement as described in division (D)(3),~~	6762
~~(D)(4), or (H) of that section, to ensure that withholding or~~	6763
~~deduction from the income or assets of the obligor is available~~	6764
~~from the commencement of the support order for collection of the~~	6765
~~support and of any arrearages that occur; a statement requiring~~	6766
~~all parties to the order to notify the child support enforcement~~	6767
~~agency in writing of their current mailing address, current~~	6768
~~residence address, current residence telephone number, current~~	6769
~~driver's license number, and any changes to that information; and~~	6770
~~a notice that the requirement to notify the agency of all changes~~	6771
~~to that information continues until further notice from the court.~~	6772
Any court that makes or modifies an order for child support under	6773
this section shall comply with ~~sections 3113.21 to 3113.219~~	6774
Chapters 3119., 3121., 3123., and3125. of the Revised Code. If	6775
any person required to pay child support under an order made under	6776
this section on or after April 15, 1985, or modified on or after	6777
December 1, 1986, is found in contempt of court for failure to	6778
make support payments under the order, the court that makes the	6779
finding, in addition to any other penalty or remedy imposed, shall	6780
assess all court costs arising out of the contempt proceeding	6781
against the person and require the person to pay any reasonable	6782
attorney's fees of any adverse party, as determined by the court,	6783
that arose in relation to the act of contempt.	6784

(2) ~~Notwithstanding section 3109.01 of the Revised Code, if a~~	6785
~~court issues a child support order under this section, the order~~	6786
~~shall remain in effect beyond the child's eighteenth birthday as~~	6787
~~long as the child continuously attends on a full-time basis any~~	6788
~~recognized and accredited high school or the order provides that~~	6789
~~the duty of support of the child continues beyond the child's~~	6790
~~eighteenth birthday. Except in cases in which the order provides~~	6791
~~that the duty of support continues for any period after the child~~	6792
~~reaches nineteen years of age, the order shall not remain in~~	6793
~~effect after the child reaches age nineteen. Any parent ordered~~	6794
~~to pay support under a child support order issued under this~~	6795
~~section shall continue to pay support under the order, including~~	6796
~~during seasonal vacation periods, until the order terminates.~~	6797

~~(3)~~ When a court determines whether to require a parent to	6798
pay an amount for that parent's failure to support a child prior	6799
to the date the court issues an order requiring that parent to pay	6800
an amount for the current support of that child, it shall consider	6801
all relevant factors, including, but not limited to, any monetary	6802
contribution either parent of the child made to the support of the	6803
child prior to the court issuing the order requiring the parent to	6804
pay an amount for the current support of the child.	6805

~~(4)~~(3)(a) A court shall not require a parent to pay an	6806
amount for that parent's failure to support a child prior to the	6807
date the court issues an order requiring that parent to pay an	6808
amount for the current support of that child or to pay all or any	6809
part of the reasonable expenses of the mother's pregnancy and	6810
confinement, if both of the following apply:	6811

(i) At the time of the initial filing of an action to	6812
determine the existence of the parent and child relationship with	6813
respect to that parent, the child was over three years of age.	6814

(ii) Prior to the initial filing of an action to determine	6815
the existence of the parent and child relationship with respect to	6816
that parent, the alleged father had no knowledge and had no reason	6817
to have knowledge of his alleged paternity of the child.	6818

(b) For purposes of division (F)(4)(a)(ii) of this section,	6819
the mother of the child may establish that the alleged father had	6820
or should have had knowledge of the paternity of the child by	6821
showing, by a preponderance of the evidence, that she performed a	6822
reasonable and documented effort to contact and notify the alleged	6823
father of his paternity of the child.	6824

(c) A party is entitled to obtain modification of an	6825
existing order for arrearages under this division regardless of	6826
whether the judgment, court order, or administrative support order	6827
from which relief is sought was issued prior to, on, or after ~~the~~	6828
~~effective date of this amendment~~October27, 2000.	6829

(G) As used in this section, "birth record" has the same	6830
meaning as in section 3705.01 of the Revised Code.	6831

(H) Unless the court has reason to believe that a person	6832
named in the order is a potential victim of domestic violence, any	6833
order issued pursuant to this section finding the existence of a	6834
parent and child relationship shall contain the full names,	6835
addresses, and social security numbers of the mother and father of	6836
the child and the full name and address of the child.	6837

Sec. 3111.15. (A) If the existence of the father and child	6838
relationship is declared or if paternity or a duty of support has	6839
been adjudicated under sections 3111.01 to ~~3111.19~~3111.18 of the	6840
Revised Code or under prior law, the obligation of the father may	6841
be enforced in the same or other proceedings by the mother, the	6842
child, or the public authority that has furnished or may furnish	6843
the reasonable expenses of pregnancy, confinement, education,	6844
support, or funeral, or by any other person, including a private	6845
agency, to the extent that any of them may furnish, has furnished,	6846
or is furnishing these expenses.	6847

(B) The court may order support payments to be made to the	6848
mother, the clerk of the court, or a person or agency designated	6849
to administer them for the benefit of the child under the	6850
supervision of the court.	6851

(C) Willful failure to obey the judgment or order of the	6852
court is a civil contempt of the court.	6853

Sec. 3111.16. The court has continuing jurisdiction to	6854
modify or revoke a judgment or order issued under sections 3111.01	6855
to ~~3111.19~~3111.18 of the Revised Code to provide for future	6856
education and support and a judgment or order issued with respect	6857
to matters listed in divisions (C) and (D) of section 3111.13 and	6858
division (B) of section 3111.15 of the Revised Code, except that a	6859
court entering a judgment or order for ~~the payment of a lump sum~~	6860
or the purchase of an annuity under division (D) of section	6861
3111.13 of the Revised Code may specify that the judgment or order	6862
may not be modified or revoked.	6863

Sec. 3111.17. Any interested party may bring an action to	6864
determine the existence or nonexistence of a mother and child	6865
relationship. Insofar as practicable, the provisions of sections	6866
3111.01 to ~~3111.19~~3111.18 of the Revised Code that are applicable	6867
to the father and child relationship shall apply to an action	6868
brought under this section.	6869

~~Sec. 3111.29.~~ Sec. 3111.19. No person, by using physical	6870
harassment or threats of violence against another person, shall	6871
interfere with the other ~~person in his~~person's initiation or	6872
continuance of, or attempt to prevent the other person from	6873
initiating or continuing, an action under sections 3111.01 to	6874
~~3111.19~~3111.18 of the Revised Code.	6875

Sec. 3111.20. As used in sections 3111.21 to 3111.85 of the	6876
Revised Code, "birth record" has the same meaning as in section	6877
3705.01 of the Revised Code.	6878

Sec. 3111.21. If the natural mother and alleged father of a	6879
child sign an acknowledgment of paternity affidavit prepared	6880
pursuant to section 3111.31 of the Revised Code with respect to	6881
that child at a child support enforcement agency, the agency shall	6882
provide a notary public to notarize the acknowledgment.	6883

Sec. 3111.22. A child support enforcement agency shall send	6884
a signed and notarized acknowledgment of paternity to the office	6885
of child support in the department of job and family services	6886
pursuant to section 3111.23 of the Revised Code. The agency shall	6887
send the acknowledgment no later than ten days after it has been	6888
signed and notarized. If the agency knows a man is presumed under	6889
section 3111.03 of the Revised Code to be the father of the child	6890
and the presumed father is not the man who signed an	6891
acknowledgment with respect to the child, the agency shall not	6892
notarize or send the acknowledgment with respect to the child	6893
pursuant to this section.	6894

Sec. 3111.23. The natural mother, the man acknowledging he	6895
is the natural father, or the other custodian or guardian of a	6896
child, a child support enforcement agency pursuant to section	6897
3111.22 of the Revised Code, a local registrar of vital statistics	6898
pursuant to section 3705.091 of the Revised Code, or a hospital	6899
staff person pursuant to section 3727.17 of the Revised Code, in	6900
person or by mail, may file an acknowledgment of paternity with	6901
the office of child support in the department of job and family	6902
services, acknowledging that the child is the child of the man who	6903
signed the acknowledgment. The acknowledgment of paternity shall	6904
be made on the affidavit prepared pursuant to section 3111.31 of	6905
the Revised Code, shall be signed by the natural mother and the	6906
man acknowledging that he is the natural father, and each	6907
signature shall be notarized. The mother and man may sign and	6908
have the signature notarized outside of each other's presence. An	6909
acknowledgment shall be sent to the office no later than ten days	6910
after it has been signed and notarized. If a person knows a man	6911
is presumed under section 3111.03 of the Revised Code to be the	6912
father of the child described in this section and that the	6913
presumed father is not the man who signed an acknowledgment with	6914
respect to the child, the person shall not notarize or file the	6915
acknowledgment pursuant to this section.	6916

Sec. 3111.24. (A) On the filing of an acknowledgment, the	6917
office of child support shall examine the acknowledgment to	6918
determine whether it is completed correctly. The office shall	6919
make the examination no later than five days after the	6920
acknowledgment is filed. If the acknowledgment is completed	6921
correctly, the office shall comply with division (B) of this	6922
section. If the acknowledgment is not completed correctly, the	6923
office shall return it to the person or entity that filed it. The	6924
person or entity shall have ten days from the date the office	6925
sends the acknowledgment back to correct it and return it to the	6926
office. The office shall send, along with the acknowledgment, a	6927
notice stating what needs to be corrected and the amount of time	6928
the person or entity has to make the corrections and return the	6929
acknowledgment to the office.	6930

If the person or entity returns the acknowledgment in a	6931
timely manner, the office shall examine the acknowledgment again	6932
to determine whether it has been correctly completed. If the	6933
acknowledgment has been correctly completed, the office shall	6934
comply with division (B) of this section. If the acknowledgment	6935
has not been correctly completed the second time or if the	6936
acknowledgment is not returned to the office in a timely manner,	6937
the acknowledgment is invalid and the office shall return it to	6938
the person or entity and shall not enter it into the birth	6939
registry. If the office returns an acknowledgment the second	6940
time, it shall send a notice to the person or entity stating the	6941
errors in the acknowledgment and that the acknowledgment is	6942
invalid.	6943

(B) If the office determines an acknowledgment is correctly	6944
completed, the office shall enter the information on the	6945
acknowledgment into the birth registry pursuant to sections	6946
3111.64 and 3111.65 of the Revised Code. After entering the	6947
information in the registry, the office shall send the	6948
acknowledgment to the department of health for storage pursuant to	6949
section 3705.091 of the Revised Code. The office may request that	6950
the department of health send back to the office any	6951
acknowledgment that is being stored by the department of health	6952
pursuant to that section.	6953

Sec. 3111.25. An acknowledgment of paternity is final and	6954
enforceable without ratification by a court when the	6955
acknowledgment has been filed with the office of child support,	6956
the information on the acknowledgment has been entered in the	6957
birth registry, and the acknowledgment has not been rescinded and	6958
is not subject to possible recission pursuant to section 3111.27	6959
of the Revised Code.	6960

Sec. 3111.26. After an acknowledgment of paternity becomes	6961
final and enforceable, the child is the child of the man who	6962
signed the acknowledgment of paternity, as though born to him in	6963
lawful wedlock. If the mother is unmarried, the man who signed	6964
the acknowledgment of paternity may file a complaint requesting	6965
the granting of reasonable parenting time with the child under	6966
section 3109.12 of the Revised Code and the parents of the man who	6967
signed the acknowledgment of paternity, any relative of the man	6968
who signed the acknowledgment of paternity, the parents of the	6969
mother, and any relative of the mother may file a complaint	6970
pursuant to that section requesting the granting of reasonable	6971
companionship or visitation rights with the child. Once the	6972
acknowledgment becomes final the man who signed the acknowledgment	6973
of paternity assumes the parental duty of support.	6974

Sec. 3111.27. (A) Except as provided in section 2151.232 or	6975
3111.821 of the Revised Code, for an acknowledgment of paternity	6976
filed with the office of child support to be rescinded both of the	6977
following must occur:	6978

(1) Not later than sixty days after the date of the latest	6979
signature on the acknowledgment, one of the persons who signed it	6980
must do both of the following:	6981

(a) Request a determination under section 3111.38 of the	6982
Revised Code of whether there is a parent and child relationship	6983
between the man who signed the acknowledgment and the child who is	6984
the subject of it;	6985

(b) Give the office written notice of having complied with	6986
division (A)(1)(a) of this section and include in the notice the	6987
name of the child support enforcement agency conducting genetic	6988
tests to determine whether there is a parent and child	6989
relationship;	6990

(2) An order must be issued under section 3111.46 of the	6991
Revised Code determining whether there is a parent and child	6992
relationship between the man and the child.	6993

(B) Not later than the end of the business day following the	6994
business day on which the office receives a notice under division	6995
(A)(1)(b) of this section, it shall contact the agency indicated	6996
in the notice to verify that the person sending it has complied	6997
with division (A)(1) of this section. If the office verifies	6998
compliance, and the notice was sent within the time limit required	6999
by this section, the office shall note in its records the date the	7000
notice was received and that the acknowledgment to which the	7001
notice pertains is subject to recission. The office shall direct	7002
the agency to notify the office of the agency's issuance of an	7003
order described in division (A)(2) of this section. On receipt	7004
from an agency of notice that an order described in division	7005
(A)(2) of this section has been issued, the acknowledgment to	7006
which the order pertains shall be rescinded as of the date.	7007

If the office is unable to verify compliance with division	7008
(A)(1) of this section, it shall note in its records the date the	7009
notice under division (A)(1)(b) of this section was received and	7010
that compliance with division (A)(1) of this section was not	7011
verified.	7012

Sec. 3111.28. After an acknowledgment becomes final pursuant	7013
to section 2151.232, 3111.25, or 3111.821 of the Revised Code, a	7014
man presumed to be the father of the child pursuant to section	7015
3111.03 of the Revised Code who did not sign the acknowledgment,	7016
either person who signed the acknowledgment, or a guardian or	7017
legal custodian of the child may bring an action to rescind the	7018
acknowledgment on the basis of fraud, duress, or material mistake	7019
of fact. The court shall treat the action as an action to	7020
determine the existence or nonexistence of a parent and child	7021
relationship pursuant to sections 3111.01 to 3111.18 of the	7022
Revised Code. An action pursuant to this section shall be brought	7023
no later than one year after the acknowledgment becomes final.	7024
The action may be brought in one of the following courts in the	7025
county in which the child, the guardian or custodian of the child,	7026
or either person who signed the acknowledgment resides: the	7027
juvenile court or the domestic relations division of the court of	7028
common pleas that has jurisdiction pursuant to section 2101.022 or	7029
2301.03 of the Revised Code to hear and determine cases arising	7030
under Chapter 3111. of the Revised Code.	7031

Sec. 3111.29. Once an acknowledgment of paternity becomes	7032
final under section 3111.25 of the Revised Code, the mother or	7033
other custodian or guardian of the child may file a complaint	7034
pursuant to section 2151.231 of the Revised Code in the juvenile	7035
court or other court with jurisdiction under section 2101.022 or	7036
2301.03 of the Revised Code of the county in which the child or	7037
the guardian or legal custodian of the child resides requesting	7038
that the court order the father to pay an amount for the support	7039
of the child, may contact the child support enforcement agency for	7040
assistance in obtaining the order, or may request that an	7041
administrative officer of a child support enforcement agency issue	7042
an administrative order for the payment of child support pursuant	7043
to section 3111.81 of the Revised Code.	7044

Sec. 3111.30. Once an acknowledgment of paternity becomes	7045
final, the office of child support shall notify the department of	7046
health of the acknowledgment. If the original birth record is	7047
inconsistent with the acknowledgment, on receipt of the notice,	7048
the department of health shall, in accordance with section 3705.09	7049
of the Revised Code, prepare a new birth record consistent with	7050
the acknowledgment and substitute the new record for the original	7051
birth record.	7052

Sec. 3111.31. The department of job and family services	7053
shall prepare an acknowledgment of paternity affidavit that	7054
includes in boldface type at the top of the affidavit the rights	7055
and responsibilities of and the due process safeguards afforded to	7056
a person who acknowledges that he is the natural father of a	7057
child, including that if an alleged father acknowledges a parent	7058
and child relationship he assumes the parental duty of support,	7059
that both signators waive any right to bring an action pursuant to	7060
sections 3111.01 to 3111.18 of the Revised Code or make a request	7061
pursuant to section 3111.38 of the Revised Code, other than for	7062
purposes of rescinding the acknowledgment pursuant to section	7063
3111.27 of the Revised Code in order to ensure expediency in	7064
resolving the question of the existence of a parent and child	7065
relationship, that either parent may rescind the acknowledgment	7066
pursuant to section 3111.27 of the Revised Code, that an action	7067
may be brought pursuant to section 3111.28 of the Revised Code, or	7068
a motion may be filed pursuant to section 3119.961 of the Revised	7069
Code, to rescind the acknowledgment, and that the natural father	7070
has the right to petition a court pursuant to section 3109.12 of	7071
the Revised Code for an order granting him reasonable parenting	7072
time with respect to the child and to petition the court for	7073
custody of the child pursuant to section 2151.23 of the Revised	7074
Code. The affidavit shall include all of the following:	7075

(A) Basic instructions for completing the form, including	7076
instructions that both the natural father and the mother of the	7077
child are required to sign the statement, that they may sign the	7078
statement without being in each other's presence, and that the	7079
signatures must be notarized;	7080

(B) Blank spaces to enter the full name, social security	7081
number, date of birth and address of each parent;	7082

(C) Blank spaces to enter the full name, date of birth, and	7083
the residence of the child;	7084

(D) A blank space to enter the name of the hospital or	7085
department of health code number assigned to the hospital, for use	7086
in situations in which the hospital fills out the form pursuant to	7087
section 3727.17 of the Revised Code;	7088

(E) An affirmation by the mother that the information she	7089
supplied is true to the best of her knowledge and belief and that	7090
she is the natural mother of the child named on the form and	7091
assumes the parental duty of support of the child;	7092

(F) An affirmation by the father that the information he	7093
supplied is true to the best of his knowledge and belief, that he	7094
has received information regarding his legal rights and	7095
responsibilities, that he consents to the jurisdiction of the	7096
courts of this state, and that he is the natural father of the	7097
child named on the form and assumes the parental duty of support	7098
of the child;	7099

(G) Signature lines for the mother of the child and the	7100
natural father;	7101

(H) Signature lines for the notary public;

7102

(I) An instruction to include or attach any other evidence	7103
necessary to complete the new birth record that is required by the	7104
department by rule.	7105

Sec. 3111.32. The department of job and family services	7106
shall prepare pamphlets that discuss the benefit of establishing a	7107
parent and child relationship, the proper procedure for	7108
establishing a parent and child relationship between a father and	7109
his child, and a toll-free telephone number that interested	7110
persons may call for more information regarding the procedures for	7111
establishing a parent and child relationship.	7112

Sec. 3111.33. The department of job and family services	7113
shall make available the pamphlets and the acknowledgment of	7114
paternity affidavits and statements to the department of health,	7115
to each hospital it has a contract with pursuant to section	7116
3727.17 of the Revised Code, and to any individual who requests a	7117
pamphlet. The department of job and family services shall make	7118
available the affidavit acknowledging paternity to each county	7119
child support enforcement agency, the department of health, and	7120
any other person or agency that requests copies.	7121

Sec. 3111.34. The director of job and family services, in	7122
consultation with the department of health, shall adopt rules	7123
specifying additional evidence necessary to complete a new birth	7124
record that is required to be included with an acknowledgment of	7125
paternity affidavit.	7126

Sec. 3111.35. The director of job and family services shall	7127
adopt rules pursuant to Chapter 119. of the Revised Code to	7128
implement sections 3111.20 to 3111.34 of the Revised Code that are	7129
consistent with Title IV-D of the "Social Security Act," 88 Stat.	7130
2351, 42 U.S.C. 651 et seq., as amended.	7131

Sec. 3111.38. At the request of a person described in	7132
division (A) of section 3111.04 of the Revised Code the child	7133
support enforcement agency of the county in which a child resides	7134
or in which the guardian or legal custodian of the child resides	7135
shall determine the existence or nonexistence of a parent and	7136
child relationship between an alleged father and the child.	7137

Sec. 3111.381. (A) Except as provided in division (B) of	7138
this section, no person may bring an action under sections 3111.01	7139
to 3111.18 of the Revised Code unless the person has requested an	7140
administrative determination under section 3111.38 of the Revised	7141
Code of the existence or nonexistence of a parent and child	7142
relationship.	7143

(B) If the alleged father of a child is deceased and	7144
proceedings for the probate of the estate of the alleged father	7145
have been or can be commenced, the court with jurisdiction over	7146
the probate proceedings shall retain jurisdiction to determine the	7147
existence or nonexistence of a parent and child relationship	7148
between the alleged father and any child without an administrative	7149
determination being requested from a child support enforcement	7150
agency.	7151

If an action for divorce, dissolution of marriage, or legal	7152
separation, or an action under section 2151.231 or 2151.232 of the	7153
Revised Code requesting an order requiring the payment of child	7154
support and provision for the health care of a child, has been	7155
filed in a court of common pleas and a question as to the	7156
existence or nonexistence of a parent and child relationship	7157
arises, the court in which the original action was filed shall	7158
retain jurisdiction to determine the existence or nonexistence of	7159
the parent and child relationship without an administrative	7160
determination being requested from a child support enforcement	7161
agency.	7162

If a juvenile court or other court with jurisdiction under	7163
section 2101.022 or 2301.03 of the Revised Code issues a support	7164
order under section 2151.231 or 2151.232 of the Revised Code	7165
relying on a presumption under section 3111.03 of the Revised	7166
Code, the juvenile court or other court with jurisdiction that	7167
issued the support order shall retain jurisdiction if a question	7168
as to the existence of a parent and child relationship arises.	7169

Sec. 3111.39. If more than one child support enforcement	7170
agency receives a request to determine the existence or	7171
nonexistence of a parent and child relationship concerning the	7172
same child and each agency is an appropriate agency for the filing	7173
of the request as provided in section 3111.38 of the Revised Code,	7174
the agency that receives the request first shall act on the	7175
request. If an agency that receives a request is not the	7176
appropriate agency for the filing of the request, the agency shall	7177
forward the request to the agency of the county in which the child	7178
or the guardian or legal custodian of the child resides, and the	7179
latter agency shall proceed with the request.	7180

Sec. 3111.40. A request for an administrative determination	7181
of the existence or nonexistence of a parent and child	7182
relationship shall contain all of the following:	7183

(A) The name, birthdate, and current address of the alleged	7184
father of the child;	7185

(B) The name, social security number, and current address of	7186
the mother of the child;	7187

(C) The name and last known address of the alleged father of	7188
the child;	7189

(D) The name and birthdate of the child.

7190

Sec. 3111.41. On receiving a request for a determination of	7191
the existence or nonexistence of a parent and child relationship,	7192
a child support enforcement agency shall assign an administrative	7193
officer to consider the request. The officer shall issue an order	7194
requiring the child, mother, and alleged father to submit to	7195
genetic testing. The order shall specify the date of the genetic	7196
tests for the mother, alleged father, and child, which shall be no	7197
later than forty-five days after the date of assignment of the	7198
administrative officer. The tests shall be conducted in	7199
accordance with the rules adopted by the director of job and	7200
family services under section 3111.611 of the Revised Code.	7201

Sec. 3111.42. A child support enforcement agency shall	7202
attach a notice to each order for genetic testing and send both to	7203
the mother and the alleged father. The notice shall state all of	7204
the following:	7205

(A) That the agency has been asked to determine the existence	7206
of a parent and child relationship between a child and the alleged	7207
named father;	7208

(B) The name and birthdate of the child of which the man is	7209
alleged to be the natural father;	7210

7211

(D) The rights and responsibilities of a parent;

7212

(E) That the child, the mother, and the alleged father must	7213
submit to genetic testing at the date, time, and place determined	7214
by the agency in the order issued pursuant to section 3111.41 of	7215
the Revised Code;	7216

(F) The administrative procedure for determining the	7217
existence of a parent and child relationship;	7218

(G) That if the alleged father or natural mother willfully	7219
fails to submit to genetic testing, or the alleged father, natural	7220
mother, or the custodian of the child willfully fails to submit	7221
the child to genetic testing, the agency will issue an order that	7222
it is inconclusive whether the alleged father is the child's	7223
natural father;	7224

(H) That if the alleged father or natural mother willfully	7225
fails to submit to genetic testing, or the alleged father, natural	7226
mother, or custodian of the child willfully fails to submit the	7227
child to genetic testing, they may be found in contempt of court.	7228

Sec. 3111.421. The notice and order described in section	7229
3111.42 of the Revised Code shall be sent in accordance with the	7230
provisions of the Rules of Civil Procedure that govern service of	7231
process, except to the extent that the provisions of the Civil	7232
Rules by their nature are clearly inapplicable and except that	7233
references in the provisions of the Civil Rules to the court or to	7234
the clerk of the court shall be construed as being references to	7235
the child support enforcement agency or the administrative	7236
officer.	7237

Sec. 3111.43. If a child support enforcement agency is asked	7238
to determine the existence or nonexistence of a parent and child	7239
relationship, the administrative officer shall provide notice of	7240
the request pursuant to the Rules of Civil Procedure to the	7241
natural mother of the child who is the subject of the request,	7242
each man presumed under section 3111.03 of the Revised Code to be	7243
the father of the child, and each man alleged to be the natural	7244
father. If the agency is unable to obtain service of process on	7245
the presumed father, alleged father, or natural mother within the	7246
time prescribed by section 3111.41 of the Revised Code, the agency	7247
shall proceed with genetic testing of all of those persons who are	7248
present on the date scheduled for the testing.	7249

Sec. 3111.44. After issuing a genetic testing order, the	7250
administrative officer may schedule a conference with the mother	7251
and the alleged father to provide information. If a conference is	7252
scheduled and no other man is presumed to be the father of the	7253
child under section 3111.03 of the Revised Code, the	7254
administrative officer shall provide the mother and alleged father	7255
the opportunity to sign an acknowledgment of paternity affidavit	7256
prepared pursuant to section 3111.31 of the Revised Code. If they	7257
sign an acknowledgment of paternity, the administrative officer	7258
shall cancel the genetic testing order the officer had issued.	7259
Regardless of whether a conference is held, if the mother and	7260
alleged father do not sign an acknowledgment of paternity	7261
affidavit or if an affidavit cannot be notarized or filed because	7262
another man is presumed under section 3111.03 of the Revised Code	7263
to be the father of the child, the child, the mother, and the	7264
alleged father shall submit to genetic testing in accordance with	7265
the order issued by the administrative officer.	7266

Sec. 3111.45. The genetic testing required under an	7267
administrative genetic testing order shall be conducted by a	7268
qualified examiner authorized by the department of job and family	7269
services. On completion of the genetic tests, the examiner shall	7270
send a complete report of the test results to the agency.	7271

Sec. 3111.46. On receipt of the genetic test results, the	7272
administrative officer shall do one of the following:	7273

(A) If the results of the genetic testing show a ninety-nine	7274
per cent or greater probability that the alleged father is the	7275
natural father of the child, the administrative officer of the	7276
agency shall issue an administrative order that the alleged father	7277
is the father of the child who is the subject of the proceeding.	7278

(B) If the results of genetic testing show less than a	7279
ninety-nine per cent probability that the alleged father is the	7280
natural father of the child, the administrative officer shall	7281
issue an administrative order that the alleged father is not the	7282
father of the child who is the subject of the proceeding.	7283

An order issued pursuant to this section shall be sent to	7284
parties in accordance with the Civil Rule governing service and	7285
filing of pleadings and other papers subsequent to the original	7286
complaint.	7287

Sec. 3111.47. If the alleged natural father or the natural	7288
mother willfully fails to submit to genetic testing or if either	7289
parent or any other person who is the custodian of the child	7290
willfully fails to submit the child to genetic testing, the agency	7291
shall enter an administrative order stating that it is	7292
inconclusive as to whether the alleged natural father is the	7293
natural father of the child.	7294

Sec. 3111.48. An administrative officer shall include in an	7295
order issued under section 3111.46 of the Revised Code a notice	7296
that contains the information described in section 3111.49 of the	7297
Revised Code informing the mother, father, and the guardian or	7298
legal custodian of the child of the right to bring an action under	7299
sections 3111.01 to 3111.18 of the Revised Code and of the effect	7300
of failure to timely bring the action.	7301

An agency shall include in an administrative order issued	7302
under section 3111.47 of the Revised Code a notice that contains	7303
the information described in section 3111.50 of the Revised Code	7304
informing the parties of their right to bring an action under	7305
sections 3111.01 to 3111.18 of the Revised Code.	7306

Sec. 3111.49. The mother, alleged father, and guardian or	7307
legal custodian of a child may object to an administrative order	7308
determining the existence or nonexistence of a parent and child	7309
relationship by bringing, within thirty days after the date the	7310
administrative officer issues the order, an action under sections	7311
3111.01 to 3111.18 of the Revised Code in the juvenile court or	7312
other court with jurisdiction under section 2101.022 or 2301.03 of	7313
the Revised Code in the county in which the child support	7314
enforcement agency that employs the administrative officer who	7315
issued the order is located. If the action is not brought within	7316
the thirty-day period, the administrative order is final and	7317
enforceable by a court and may not be challenged in an action or	7318
proceeding under Chapter 3111. of the Revised Code.	7319

Sec. 3111.50. If a child support enforcement agency issues	7320
an administrative order stating that it is inconclusive as to	7321
whether the alleged natural father is the natural father of the	7322
child, any of the parties may bring an action under sections	7323
3111.01 to 3111.18 of the Revised Code to establish a parent and	7324
child relationship.	7325

Sec. 3111.51. Unless the child support enforcement agency	7326
has reason to believe that a person named in the order is a	7327
potential victim of domestic violence, any administrative order	7328
finding the existence of a parent and child relationship shall	7329
contain the full names, addresses, and social security numbers of	7330
the mother and father of the child who is the subject of the order	7331
and the full name and address of the child.	7332

Sec. 3111.52. The child support enforcement agency, as part	7333
of an administrative order determining the existence of a parent	7334
and child relationship, may order the surname of the child subject	7335
to the determination to be changed and order the change to be made	7336
on the child's birth record consistent with the order if both the	7337
parties agree to the change.	7338

~~Sec. 2301.358.~~ Sec. 3111.53. (A) A child support enforcement	7339
agency, in accordance with the rules adopted by the director of	7340
job and family services pursuant to division (B) of this section,	7341
shall employ an administrative officer, contract with another	7342
entity to provide an administrative officer, or contract with an	7343
individual to serve as an administrative officer to issue~~, in~~	7344
~~accordance with sections 3111.22 to 3111.29 and 3113.215 of the~~	7345
~~Revised Code,~~ administrative orders determining the existence or	7346
nonexistence of a parent and child relationship ~~and~~, requiring the	7347
payment of child support, or ~~in accordance with sections 3111.20,~~	7348
~~3111.23 to 3111.29, and 3113.215 of the Revised Code,~~	7349
~~administrative orders requiring the payment of child support~~both.	7350

(B) The director of job and family services shall adopt	7351
rules in accordance with Chapter 119. of the Revised Code	7352
regulating administrative officers who issue administrative orders	7353
described in division (A) of this section, including~~, but not~~	7354
~~limited to~~the following:	7355

(1) The qualifications of the administrative officer;

7356

(2) Any other procedures, requirements, or standards	7357
necessary for the employment of the administrative officer.	7358

Sec. 3111.54. If an alleged father or natural mother	7359
willfully fails to submit to genetic testing, or if the alleged	7360
father, natural mother, or any other person who is the custodian	7361
of the child willfully fails to submit the child to genetic	7362
testing, as required by an order for genetic testing issued under	7363
section 3111.41 of the Revised Code, the child support enforcement	7364
agency that issued the order may request that the juvenile court	7365
or other court with jurisdiction under section 2101.022 or 2301.03	7366
of the Revised Code of the county in which the agency is located	7367
find the alleged father, natural mother, or other person in	7368
contempt pursuant to section 2705.02 of the Revised Code.	7369

~~Sec. 3111.221.~~ Sec. 3111.58. ~~As used in this section, "birth~~	7370
~~record" has the same meaning as in section 3705.01 of the Revised~~	7371
~~Code.~~	7372

If an administrative order determining the existence or	7373
nonexistence of a parent and child relationship includes a finding	7374
that the child's father is a man other than the man named in the	7375
child's birth record as the father or is otherwise at variance	7376
with the child's birth record, the agency that made the	7377
determination shall notify the department of health of the	7378
determination as soon as any period for objection to the	7379
determination provided for in former section 3111.21 or 3111.22or	7380
section ~~3111.22~~3111.49 of the Revised Code has elapsed.	7381

On receipt of notice under this section or notice from an	7382
agency of another state with authority to make paternity	7383
determinations that has made a determination of the existence or	7384
nonexistence of a parent and child relationship, the department of	7385
health shall prepare a new birth record consistent with the	7386
agency's determination and substitute the new record for the	7387
original birth record.	7388

~~Sec. 2301.356.~~ Sec. 3111.61. If a child support enforcement agency	7389
is made a party to an action brought to establish a parent and	7390
child relationship under sections 3111.01 to ~~3111.19~~3111.18 of	7391
the Revised Code and the court orders the parties to the action to	7392
submit to genetic testing or the agency orders the parties to	7393
submit to genetic testing under ~~sections 3111.22 to 3111.29~~	7394
section3111.41 of the Revised Code, the agency shall provide for	7395
collection of samples and performance of genetic testing in	7396
accordance with generally accepted medical techniques. If a court	7397
ordered the genetic testing, the agency shall inform the court of	7398
the procedures for collecting the samples and performing the	7399
genetic tests, in accordance with the rules governing on-site	7400
genetic testing adopted by the director of job and family services	7401
pursuant to section ~~2301.35~~3111.611 of the Revised Code.	7402

Sec. 3111.611. The director of job and family services shall	7403
adopt in accordance with Chapter 119. of the Revised Code rules	7404
governing the establishment by child support enforcement agencies	7405
of on-site genetic testing programs to be used in actions under	7406
sections 3111.01 to 3111.18 of the Revised Code and in	7407
administrative procedures under sections 3111.38 to 3111.54 of the	7408
Revised Code. The rules shall include provisions relating to the	7409
environment in which a blood or buccal cell sample may be drawn,	7410
the medical personnel who may draw a sample, the trained personnel	7411
who may perform the genetic comparison, the types of genetic	7412
testing that may be performed on a sample, and the procedure for	7413
notifying the court of the location at which the sample will be	7414
drawn, who will draw the sample, and who will perform the genetic	7415
testing on the sample, and any other procedures or standards the	7416
director determines are necessary for the implementation of	7417
on-site genetic testing.	7418

Sec. 3111.64. The office of child support in the department	7419
of job and family services shall establish and maintain a birth	7420
registry that shall contain all of the following information	7421
contained in orders determining the existence of a parent and	7422
child relationship and acknowledgments of paternity required to be	7423
filed with the office:	7424

(A) The names of the parents of the child subject to the	7425
order or acknowledgment;	7426

(B) The name of the child;

7427

(C) The resident address of each parent and each parent's	7428
social security number.	7429

Sec. 3111.65. The birth registry shall be maintained as part	7430
of and be accessible through the automated system created pursuant	7431
to section 3125.07 of the Revised Code. The office of child	7432
support shall make comparisons of the information in the registry	7433
with the information maintained by the department of job and	7434
family services pursuant to sections 3107.062 and 3121.894 of the	7435
Revised Code. The office shall make the comparisons in the manner	7436
and in the time intervals required by the rules adopted pursuant	7437
to section 3111.67 of the Revised Code.	7438

Sec. 3111.66. A court or child support enforcement agency,	7439
whichever is applicable, shall file the following with the office	7440
of child support:	7441

(A) An order issued pursuant to section 3111.13 of the	7442
Revised Code on or after January 1, 1998;	7443

(B) An order issued pursuant to section 3111.22 of the	7444
Revised Code on or after January 1, 1998, that has become final	7445
and enforceable;	7446

(C) An order issued pursuant to section 3111.46 of the	7447
Revised Code on or after the effective date of this section.	7448

On the filing of an order pursuant to this section, the	7449
office shall enter the information on the order in the birth	7450
registry.	7451

Sec. 3111.67. The director of job and family services shall	7452
adopt rules pursuant to Chapter 119. of the Revised Code to	7453
implement the requirements of sections 3111.64 to 3111.66 of the	7454
Revised Code that are consistent with Title IV-D of the "Social	7455
Security Act," 88 Stat. 2351, 42 U.S.C. 651 et seq., as amended.	7456

~~Sec. 5101.313.~~ Sec. 3111.69. The ~~division~~office of child support	7457
in the department of job and family services and a child support	7458
enforcement agency may examine the putative father registry	7459
established under section 3107.062 of the Revised Code to locate	7460
an absent parent for the purpose of the ~~division~~office or agency	7461
carrying out its duties under the child and spousal support	7462
enforcement programs established under ~~section 5101.31~~Chapter	7463
3125. of the Revised Code. Neither the ~~division~~office nor an	7464
agency shall use the information it receives from the registry for	7465
any purpose other than child and spousal support enforcement.	7466

Sec. 3111.71. The department of job and family services	7467
shall enter into a contract with local hospitals for the provision	7468
of staff by the hospitals to meet with unmarried women who give	7469
birth in or en route to the particular hospital. On or before	7470
April 1, 1998, each hospital shall enter into a contract with the	7471
department of job and family services pursuant to this section	7472
regarding the duties imposed by this section and section 3727.17	7473
of the Revised Code concerning paternity establishment. A	7474
hospital that fails to enter into a contract shall not receive the	7475
fee from the department for correctly signed and notarized	7476
affidavits submitted by the hospital.	7477

Sec. 3111.72. The contract between the department of job and	7478
family services and a local hospital shall require all of the	7479
following:	7480

(A) That the hospital provide a staff person to meet with	7481
each unmarried mother who gave birth in or en route to the	7482
hospital within twenty-four hours of the birth or before the	7483
mother is released from the hospital;	7484

(B) That the staff person attempt to meet with the father of	7485
the unmarried mother's child if possible;	7486

(C) That the staff person explain to the unmarried mother and	7487
the father, if he is present, the benefit to the child of	7488
establishing a parent and child relationship between the father	7489
and the child and the various proper procedures for establishing a	7490
parent and child relationship;	7491

(D) That the staff person present to the unmarried mother	7492
and, if possible, the father, the pamphlet or statement regarding	7493
the rights and responsibilities of a natural parent that is	7494
prepared and provided by the department of job and family services	7495
pursuant to section 3111.32 of the Revised Code;	7496

(E) That the staff person provide the mother and, if	7497
possible, the father, all forms and statements necessary to	7498
voluntarily establish a parent and child relationship, including,	7499
but not limited to, the acknowledgment of paternity affidavit	7500
prepared by the department of job and family services pursuant to	7501
section 3111.31 of the Revised Code;	7502

(F) That the staff person, at the request of both the mother	7503
and father, help the mother and father complete any form or	7504
statement necessary to establish a parent and child relationship;	7505

(G) That the hospital provide a notary public to notarize an	7506
acknowledgment of paternity affidavit signed by the mother and	7507
father;	7508

(H) That the staff person present to an unmarried mother who	7509
is not participating in the Ohio works first program established	7510
under Chapter 5107. or receiving medical assistance under Chapter	7511
5111. of the Revised Code an application for Title IV-D services;	7512

(I) That the staff person forward any completed	7513
acknowledgment of paternity, no later than ten days after it is	7514
completed, to the office of child support in the department of job	7515
and family services;	7516

(J) That the department of job and family services pay the	7517
hospital twenty dollars for every correctly signed and notarized	7518
acknowledgment of paternity affidavit from the hospital.	7519

Sec. 3111.73. Not later than July 1, 1998, and the first day	7520
of each July thereafter, the department of job and family services	7521
shall complete a report on the hospitals that have not entered	7522
into contracts described in this section. The department shall	7523
submit the report to the chairperson and ranking minority member	7524
of the committees of the house of representatives and senate with	7525
primary responsibility for issues concerning paternity	7526
establishment.	7527

Sec. 3111.74. If the hospital knows or determines that a man	7528
is presumed under section 3111.03 of the Revised Code to be the	7529
father of a child and that the presumed father is not the man who	7530
signed or is attempting to sign an acknowledgment with respect to	7531
the child, the hospital shall take no further action with regard	7532
to the acknowledgment and shall not send the acknowledgment to the	7533
office of child support.	7534

Sec. 3111.77. A man who is presumed to be the natural father	7535
of a child pursuant to section 3111.03 of the Revised Code assumes	7536
the parental duty of support with respect to the child as provided	7537
in section 3103.031 of the Revised Code.	7538

Sec. 3111.78. A parent, guardian, or legal custodian of a	7539
child, the person with whom the child resides, or the child	7540
support enforcement agency of the county in which the child,	7541
parent, guardian, or legal custodian of the child resides may do	7542
the following to require a man to pay support and provide for the	7543
health care needs of the child if the man is presumed to be the	7544
natural father of the child under section 3111.03 of the Revised	7545
Code:	7546

(A) If the presumption is not based on an acknowledgment of	7547
paternity, file a complaint pursuant to section 2151.231 of the	7548
Revised Code in the juvenile court or other court with	7549
jurisdiction under section 2101.022 or 2301.03 of the Revised Code	7550
of the county in which the child, parent, guardian, or legal	7551
custodian resides;	7552

(B) Ask an administrative officer of a child support	7553
enforcement agency to issue an administrative order pursuant to	7554
section 3111.81 of the Revised Code;	7555

(C) Contact a child support enforcement agency for	7556
assistance in obtaining an order for support and the provision of	7557
health care for the child.	7558

Sec. 3111.80. If a request for issuance of an administrative	7559
support order is made under section 3111.29 or 3111.78 of the	7560
Revised Code or an administrative officer issues an administrative	7561
order determining the existence of a parent and child relationship	7562
under section 3111.46 of the Revised Code, the administrative	7563
officer shall schedule an administrative hearing to determine, in	7564
accordance with Chapters 3119. and 3121. of the Revised Code, the	7565
amount of child support any parent is required to pay, the method	7566
of payment of child support, and the method of providing for the	7567
child's health care.	7568

The administrative officer shall send the mother and the	7569
father of the child notice of the date, time, place, and purpose	7570
of the administrative hearing. With respect to an administrative	7571
hearing scheduled pursuant to an administrative order determining,	7572
pursuant to section 3111.46 of the Revised Code, the existence of	7573
a parent and child relationship, the officer shall attach the	7574
notice of the administrative hearing to the order and send it in	7575
accordance with that section. The Rules of Civil Procedure shall	7576
apply regarding the sending of the notice, except to the extent	7577
the Civil Rules, by their nature, are clearly inapplicable and	7578
except that references in the Civil Rules to the court or the	7579
clerk of the court shall be construed as being references to the	7580
child support enforcement agency or the administrative officer.	7581

The hearing shall be held no later than sixty days after the	7582
request is made under section 3111.29 or 3111.78 of the Revised	7583
Code or an administrative officer issues an administrative order	7584
determining the existence of a parent and child relationship under	7585
section 3111.46 of the RevisedCode. The hearing shall not be	7586
held earlier than thirty days after the officer gives the mother	7587
and father notice of the hearing.	7588

Sec. 3111.81. After the hearing under section 3111.80 of the	7589
Revised Code is completed, the administrative officer may issue an	7590
administrative order for the payment of support and provision for	7591
the child's health care. The order shall do all of the following:	7592

(A) Require periodic payments of support that may vary in	7593
amount, EXCEPT THAT, IF IT IS IN THE BEST INTEREST OF THE CHILD,	7594
THE ADMINISTRATIVE OFFICER MAY ORDER THE PURCHASE OF AN ANNUITY IN	7595
LIEU OF PERIODIC PAYMENTS OF SUPPORT IF THE purchase agreement	7596
provides that any remainingPRINCIPAL will be TRANSFERRED TO THE	7597
OWNERSHIP AND CONTROL OF THE CHILD ON THE CHILD'S ATTAINMENT OF	7598
THE AGE OF MAJORITY;	7599

(B) Require the parents to provide for the health care needs	7600
of the child in accordance with sections 3119.30 to 3119.58 of the	7601
Revised Code;	7602

(C) Include a notice that contains the information described	7603
in section 3111.84 of the Revised Code informing the mother and	7604
the father of the right to object to the order by bringing an	7605
action for the payment of support and provision of the child's	7606
health care under section 2151.231 of the Revised Code and the	7607
effect of a failure to timely bring the action.	7608

Sec. 3111.82. A party to a request made under section	7609
3111.78 of the Revised Code for an administrative support order	7610
may raise the issue of the existence or nonexistence of a parent	7611
and child relationship.	7612

Sec. 3111.821. If a request is made pursuant to section	7613
3111.78 of the Revised Code for an administrative support order	7614
and the issue of the existence or nonexistence of a parent and	7615
child relationship is raised, the administrative officer shall	7616
treat the request as a request made pursuant to section 3111.38 of	7617
the Revised Code and determine the issue in accordance with that	7618
section. If the request made under section 3111.78 of the Revised	7619
Code is made based on an acknowledgment of paternity that has not	7620
become final, the administrative officer shall promptly notify the	7621
office of child support in the department of job and family	7622
services when the officer issues an order determining the	7623
existence or nonexistence of a parent and child relationship with	7624
respect to the child who is the subject of the acknowledgment of	7625
paternity. On receipt of the notice by the office, the	7626
acknowledgment of paternity shall be considered rescinded.	7627

If the parties do not raise the issue of the existence or	7628
nonexistence of a parent and child relationship pursuant to the	7629
request made under section 3111.78 of the Revised Code and an	7630
administrative order is issued pursuant to section 3111.81 of the	7631
Revised Code prior to the date the acknowledgment of paternity	7632
becomes final, the acknowledgment shall be considered final as of	7633
the date of the issuance of the order. An administrative order	7634
issued pursuant to section 3111.81 of the Revised Code shall not	7635
affect an acknowledgment that becomes final prior to the issuance	7636
of the order.	7637

Sec. 3111.83. An administrative officer who issues an	7638
administrative support order for the payment of support and	7639
provision for a child's health care shall register the order or	7640
cause the order to be registered in the system established under	7641
section 3111.831 of the Revised Code or with the clerk of the	7642
court of appropriate jurisdiction of the county served by the	7643
administrative officer's child support enforcement agency.	7644

Sec. 3111.831. Each child support enforcement agency may	7645
develop a system and procedure for the organized safekeeping and	7646
retrieval of administrative support orders for the payment of	7647
supportand provision for the child's health care.	7648

Sec. 3111.832. If an administrative support order is	7649
registered with the clerk of a court of appropriate jurisdiction,	7650
the clerk shall not charge a fee for the registration and shall	7651
assign the order a case number.	7652

Sec. 3111.84. The mother or father of a child who is the	7653
subject of an administrative support order may object to the order	7654
by bringing an action for the payment of support and provision for	7655
the child's health care under section 2151.231 of the Revised Code	7656
in the juvenile court or other court with jurisdiction under	7657
section 2101.022 or 2301.03 of the Revised Code of the county in	7658
which the child support enforcement agency that employs the	7659
administrative officer is located. The action shall be brought	7660
not later than thirty days after the date of the issuance of the	7661
administrative support order. If neither the mother nor the	7662
father brings an action for the payment of support and provision	7663
for the child's health care within that thirty-day period, the	7664
administrative support order is final and enforceable by a court	7665
and may be modified only as provided in Chapters 3119., 3121., and	7666
3123. of the Revised Code.	7667

Sec. 3111.85. An administrative support order issued	7668
pursuant to former section 3111.21 of the Revised Code prior to	7669
January 1, 1998, that is in effect on the effective date of this	7670
section shall remain in effect on and after the effective date of	7671
this section and shall be considered an administrative support	7672
order issued pursuant to section 3111.81 of the Revised Code for	7673
all purposes.	7674

~~Sec. 3111.30.~~ Sec. 3111.88. As used in sections ~~3111.30~~3111.88 to	7675
~~3111.38~~3111.96 of the Revised Code:	7676

(A) "Artificial insemination" means the introduction of	7677
semen into the vagina, cervical canal, or uterus through	7678
instruments or other artificial means.	7679

(B) "Donor" means a man who supplies semen for a non-spousal	7680
artificial insemination.	7681

(C) "Non-spousal artificial insemination" means an	7682
artificial insemination of a woman with the semen of a man who is	7683
not her husband.	7684

(D) "Physician" means a person who is licensed pursuant to	7685
Chapter 4731. of the Revised Code to practice medicine or surgery	7686
or osteopathic medicine or surgery in this state.	7687

(E) "Recipient" means a woman who has been artificially	7688
inseminated with the semen of a donor.	7689

~~Sec. 3111.31.~~ Sec. 3111.89. Sections ~~3111.30~~3111.88 to ~~3111.38~~	7690
3111.96 of the Revised Code deal with non-spousal artificial	7691
insemination for the purpose of impregnating a woman so that she	7692
can bear a child that she intends to raise as her child. These	7693
sections do not deal with the artificial insemination of a wife	7694
with the semen of her husband or with surrogate motherhood.	7695

~~Sec. 3111.32.~~ Sec. 3111.90. A non-spousal artificial insemination	7696
shall be performed by a physician or a person who is under the	7697
supervision and control of a physician. Supervision requires the	7698
availability of a physician for consultation and direction, but	7699
does not necessarily require the personal presence of the	7700
physician who is providing the supervision.	7701

~~Sec. 3111.33.~~ Sec. 3111.91. (A) In a non-spousal artificial	7702
insemination, fresh or frozen semen may be used, provided that the	7703
requirements of division (B) of this section are satisfied.	7704

(B)(1) A physician or person under the supervision and	7705
control of a physician may use fresh semen for purposes of a	7706
non-spousal artificial insemination, only if within one year prior	7707
to the supplying of the semen, a complete medical history of the	7708
donor, including, but not limited to, any available genetic	7709
history of the donor, was obtained by a physician, the donor had a	7710
physical examination by a physician, and the donor was tested for	7711
blood type and RH factor.	7712

(2) A physician or person under the supervision and control	7713
of a physician may use frozen semen for purposes of a non-spousal	7714
artificial insemination only if all the following apply:	7715

(a) The requirements set forth in division (B)(1) of this	7716
section are satisfied;	7717

(b) In conjunction with the supplying of the semen, the	7718
semen or blood of the donor was the subject of laboratory studies	7719
that the physician involved in the non-spousal artificial	7720
insemination considers appropriate. The laboratory studies may	7721
include, but are not limited to, venereal disease research	7722
laboratories, karotyping, GC culture, cytomegalo, hepatitis,	7723
kem-zyme, Tay-Sachs, sickle-cell, ureaplasma, HLTV-III, and	7724
chlamydia.	7725

(c) The physician involved in the non-spousal artificial	7726
insemination determines that the results of the laboratory studies	7727
are acceptable results.	7728

~~Sec. 3111.34.~~ Sec. 3111.92. The non-spousal artificial	7729
insemination of a married woman may occur only if both she and her	7730
husband sign a written consent to the artificial insemination as	7731
described in section ~~3111.35~~3111.93 of the Revised Code.	7732

~~Sec. 3111.35.~~ Sec. 3111.93. (A) Prior to a non-spousal artificial	7733
insemination, the physician associated with it shall do the	7734
following:	7735

(1) Obtain the written consent of the recipient on a form	7736
that the physician shall provide. The written consent shall	7737
contain all of the following:	7738

(a) The name and address of the recipient and, if married,	7739
her husband;	7740

(b) The name of the physician;

7741

(c) The proposed location of the performance of the	7742
artificial insemination;	7743

(d) A statement that the recipient and, if married, her	7744
husband consent to the artificial insemination;	7745

(e) If desired, a statement that the recipient and, if	7746
married, her husband consent to more than one artificial	7747
insemination if necessary;	7748

(f) A statement that the donor shall not be advised by the	7749
physician or another person performing the artificial insemination	7750
as to the identity of the recipient or, if married, her husband	7751
and that the recipient and, if married, her husband shall not be	7752
advised by the physician or another person performing the	7753
artificial insemination as to the identity of the donor;	7754

(g) A statement that the physician is to obtain necessary	7755
semen from a donor and, subject to any agreed upon provision as	7756
described in division (A)(1)(n) of this section, that the	7757
recipient and, if married, her husband shall rely upon the	7758
judgment and discretion of the physician in this regard;	7759

(h) A statement that the recipient and, if married, her	7760
husband understand that the physician cannot be responsible for	7761
the physical or mental characteristics of any child resulting from	7762
the artificial insemination;	7763

(i) A statement that there is no guarantee that the	7764
recipient will become pregnant as a result of the artificial	7765
insemination;	7766

(j) A statement that the artificial insemination shall occur	7767
in compliance with sections ~~3111.30~~3111.88 to ~~3111.38~~3111.96 of	7768
the Revised Code;	7769

(k) A brief summary of the paternity consequences of the	7770
artificial insemination as set forth in section ~~3111.37~~3111.95 of	7771
the Revised Code;	7772

(l) The signature of the recipient and, if married, her	7773
husband;	7774

(m) If agreed to, a statement that the artificial	7775
insemination will be performed by a person who is under the	7776
supervision and control of the physician;	7777

(n) Any other provision that the physician, the recipient,	7778
and, if married, her husband agree to include.	7779

(2) Upon request, provide the recipient and, if married, her	7780
husband with the following information to the extent the physician	7781
has knowledge of it:	7782

(a) The medical history of the donor, including, but not	7783
limited to, any available genetic history of the donor and persons	7784
related to him by consanguinity, the blood type of the donor, and	7785
whether he has an RH factor;	7786

(b) The race, eye and hair color, age, height, and weight of	7787
the donor;	7788

7789

(d) The religious background of the donor;

7790

(e) Any other information that the donor has indicated may	7791
be disclosed.	7792

(B) After each non-spousal artificial insemination of a	7793
woman, the physician associated with it shall note the date of the	7794
artificial insemination in ~~his~~the physician's records pertaining	7795
to the woman and the artificial insemination, and retain this	7796
information as provided in section ~~3111.36~~3111.94 of the Revised	7797
Code.	7798

~~Sec. 3111.36.~~ Sec. 3111.94. (A) The physician who is associated	7799
with a non-spousal artificial insemination shall place the written	7800
consent obtained pursuant to division (A)(1) of section ~~3111.35~~	7801
3111.93 of the Revised Code, information provided to the recipient	7802
and, if married, her husband pursuant to division (A)(2) of that	7803
section, other information concerning the donor that hethe	7804
physician possesses, and other matters concerning the artificial	7805
insemination in a file that shall bear the name of the recipient.	7806
This file shall be retained by the physician in ~~his~~the	7807
physician's office separate from any regular medical chart of the	7808
recipient, and shall be confidential, except as provided in	7809
divisions (B) and (C) of this section. This file is not a public	7810
record under section 149.43 of the Revised Code.	7811

(B) The written consent form and information provided to the	7812
recipient and, if married, her husband pursuant to division (A)(2)	7813
of section ~~3111.35~~3111.93 of the Revised Code shall be open to	7814
inspection only until the child born as the result of the	7815
non-spousal artificial insemination is twenty-one years of age,	7816
and only to the recipient or, if married, her husband upon request	7817
to the physician.	7818

(C) Information pertaining to the donor that was not	7819
provided to the recipient and, if married, her husband pursuant to	7820
division (A)(2) of section ~~3111.35~~3111.93 of the Revised Code and	7821
that the physician possesses shall be kept in the file pertaining	7822
to the non-spousal artificial insemination for at least five years	7823
from the date of the artificial insemination. At the expiration	7824
of this period, the physician may destroy such information or	7825
retain it in the file.	7826

The physician shall not make this information available for	7827
inspection by any person during the five-year period or, if the	7828
physician retains the information after the expiration of that	7829
period, at any other time, unless the following apply:	7830

(1) A child is born as a result of the artificial	7831
insemination, an action is filed by the recipient, her husband if	7832
she is married, or a guardian of the child in the domestic	7833
relations division or, if there is no domestic relations division,	7834
the general division of the court of common pleas of the county in	7835
which the office of the physician is located, the child is not	7836
twenty-one years of age or older, and the court pursuant to	7837
division (C)(2) of this section issues an order authorizing the	7838
inspection of specified types of information by the recipient,	7839
husband, or guardian;	7840

(2) Prior to issuing an order authorizing an inspection of	7841
information, the court shall determine, by clear and convincing	7842
evidence, that the information that the recipient, husband, or	7843
guardian wishes to inspect is necessary for or helpful in the	7844
medical treatment of the child born as a result of the artificial	7845
insemination, and shall determine which types of information in	7846
the file are germane to the medical treatment and are to be made	7847
available for inspection by the recipient, husband, or guardian in	7848
that regard. An order only shall authorize the inspection of	7849
information germane to the medical treatment of the child.	7850

~~Sec. 3111.37.~~ Sec. 3111.95. (A) If a married woman is the subject	7851
of a non-spousal artificial insemination and if her husband	7852
consented to the artificial insemination, the husband shall be	7853
treated in law and regarded as the natural father of a child	7854
conceived as a result of the artificial insemination, and a child	7855
so conceived shall be treated in law and regarded as the natural	7856
child of the husband. A presumption that arises under division	7857
(A)(1) or (2) of section 3111.03 of the Revised Code is conclusive	7858
with respect to this father and child relationship, and no action	7859
or proceeding under sections 3111.01 to ~~3111.19~~3111.18 or ~~section~~	7860
~~3111.22 or 3113.2111~~sections 3111.38 to3111.54 of the Revised	7861
Code shall affect the relationship.	7862

(B) If a woman is the subject of a non-spousal artificial	7863
insemination, the donor shall not be treated in law or regarded as	7864
the natural father of a child conceived as a result of the	7865
artificial insemination, and a child so conceived shall not be	7866
treated in law or regarded as the natural child of the donor. No	7867
action or proceeding under sections 3111.01 to ~~3111.19~~3111.18 or	7868
~~section 3111.22~~sections 3111.38 to3111.54 of the Revised Code	7869
shall affect these consequences.	7870

~~Sec. 3111.38.~~ Sec. 3111.96. The failure of a physician or person	7871
under the supervision and control of a physician to comply with	7872
the applicable requirements of sections ~~3111.30~~3111.88 to ~~3111.37~~	7873
3111.95 of the Revised Code shall not affect the legal status,	7874
rights, or obligations of a child conceived as a result of a	7875
non-spousal artificial insemination, a recipient, a husband who	7876
consented to the non-spousal artificial insemination of his wife,	7877
or the donor. If a recipient who is married and her husband make	7878
a good faith effort to execute a written consent that is in	7879
compliance with section ~~3111.35~~3111.93 of the Revised Code	7880
relative to a non-spousal artificial insemination, the failure of	7881
the written consent to so comply shall not affect the paternity	7882
consequences set forth in division (A) of section ~~3111.37~~3111.95	7883
of the Revised Code.	7884

Sec. 3111.99. ~~(A) For purposes of this section,~~	7885
~~"administrative support order" and "obligor" have the same meaning~~	7886
~~as in section 3111.20 of the Revised Code.~~	7887

~~(B)~~ Whoever violates section ~~3111.29~~3111.19 of the Revised	7888
Code is guilty of interfering with the establishment of paternity,	7889
a misdemeanor of the first degree.	7890

~~(C) An obligor who violates division (B)(1)(c) of section~~	7891
~~3111.23 of the Revised Code shall be fined not more than fifty~~	7892
~~dollars for a first offense, not more than one hundred dollars for~~	7893
~~a second offense, and not more than five hundred dollars for each~~	7894
~~subsequent offense.~~	7895

~~(D) An obligor who violates division (E)(2) of section~~	7896
~~3111.23 of the Revised Code shall be fined not more than fifty~~	7897
~~dollars for a first offense, not more than one hundred dollars for~~	7898
~~a second offense, and not more than five hundred dollars for each~~	7899
~~subsequent offense.~~	7900

~~(E) A fine imposed pursuant to division (C) or (D) of this~~	7901
~~section shall be paid to the division of child support in the~~	7902
~~department of job and family services or, pursuant to division~~	7903
~~(H)(4) of section 2301.35 of the Revised Code, the child support~~	7904
~~enforcement agency. The amount of the fine that does not exceed~~	7905
~~the amount of arrearage the obligor owes under the administrative~~	7906
~~support order shall be disbursed in accordance with the support~~	7907
~~order. The amount of the fine that exceeds the amount of the~~	7908
~~arrearage under the support order shall be called program income~~	7909
~~and shall be collected in accordance with section 5101.325 of the~~	7910
~~Revised Code.~~	7911

Sec. 3113.04. (A) Sentence may be suspended if a person,	7912
after conviction under section 2919.21 of the Revised Code and	7913
before sentence under that section, appears before the court of	7914
common pleas in which the conviction took place and enters into	7915
bond to the state in a sum fixed by the court at not less than	7916
five hundred nor more than one thousand dollars, with sureties	7917
approved by the court, conditioned that the person will furnish	7918
the child or other dependent with necessary or proper home, care,	7919
food, and clothing, or will pay promptly each week for such	7920
purpose to the ~~division~~office of child support in the department	7921
of job and family services, a sum to be fixed by the agency. The	7922
child support enforcement agency shall comply with ~~sections~~	7923
~~3113.21 to 3113.219~~Chapter3119. of the Revised Code when it	7924
fixes the sum to be paid to the division.	7925

(B) ~~Each order for child support made or modified under this~~	7926
~~section shall include as part of the order a general provision, as~~	7927
~~described in division (A)(1) of section 3113.21 of the Revised~~	7928
~~Code, requiring the withholding or deduction of income or assets~~	7929
~~of the obligor under the order as described in division (D) of~~	7930
~~section 3113.21 of the Revised Code or another type of appropriate~~	7931
~~requirement as described in division (D)(3), (D)(4) or (H) of that~~	7932
~~section, to ensure that withholding or deduction from the income~~	7933
~~or assets of the obligor is available from the commencement of the~~	7934
~~support order for collection of the support and of any arrearages~~	7935
~~that occur; a statement requiring all parties to the order to~~	7936
~~notify the child support enforcement agency in writing of their~~	7937
~~current mailing address, current residence address, current~~	7938
~~resident telephone number, current driver's license number, and~~	7939
~~any changes to that information, and a notice that the requirement~~	7940
~~to notify the agency of all changes to that information continues~~	7941
~~until further notice from the court.~~ If any person required to	7942
pay child support under an order made under this section on or	7943
after April 15, 1985, or modified on or after December 1, 1986, is	7944
found in contempt of court for failure to make support payments	7945
under the order, the court that makes the finding, in addition to	7946
any other penalty or remedy imposed, shall assess all court costs	7947
arising out of the contempt proceeding against the person and	7948
require the person to pay any reasonable attorney's fees of any	7949
adverse party, as determined by the court, that arose in relation	7950
to the act of contempt.	7951

~~(C) Notwithstanding section 3109.01 of the Revised Code, if~~	7952
~~a court issues a child support order under this section, the order~~	7953
~~shall remain in effect beyond the child's eighteenth birthday as~~	7954
~~long as the child continuously attends on a full-time basis any~~	7955
~~recognized and accredited high school or the order provides that~~	7956
~~the duty of support of the child continues beyond the child's~~	7957
~~eighteenth birthday. Except in cases in which the order provides~~	7958
~~that the duty of support continues for any period after the child~~	7959
~~reaches nineteen years of age, the order shall not remain in~~	7960
~~effect after the child reaches age nineteen. Any parent ordered~~	7961
~~to pay support under a child support order issued under this~~	7962
~~section shall continue to pay support under the order, including~~	7963
~~during seasonal vacation periods, until the order terminates.~~	7964

Sec. 3113.07. As used in this section, "executive director"	7965
has the same meaning as in section 5153.01 of the Revised Code.	7966

Sentence may be suspended, if a person, after conviction	7967
under section 3113.06 of the Revised Code and before sentence	7968
thereunder, appears before the court of common pleas in which such	7969
conviction took place and enters into bond to the state in a sum	7970
fixed by the court at not less than five hundred dollars, with	7971
sureties approved by such court, conditioned that such person will	7972
pay, so long as the child remains a ward of the public children	7973
services agency or a recipient of aid pursuant to Chapter 5107. or	7974
5115. of the Revised Code, to the executive director thereof or to	7975
a trustee to be named by the court, for the benefit of such agency	7976
or if the child is a recipient of aid pursuant to Chapter 5107. or	7977
5115. of the Revised Code, to the county department of job and	7978
family services, the reasonable cost of keeping such child. The	7979
amount of such costs and the time of payment shall be fixed by the	7980
court.	7981

The court, in accordance with ~~section 3113.217~~sections	7982
3119.30 to3119.58 of the Revised Code, shall include in each	7983
support order made under this section the requirement that one or	7984
both of the parents provide for the health care needs of the child	7985
to the satisfaction of the court.	7986

Sec. 3113.31. (A) As used in this section:

7987

(1) "Domestic violence" means the occurrence of one or more	7988
of the following acts against a family or household member:	7989

(a) Attempting to cause or recklessly causing bodily injury;

7990

(b) Placing another person by the threat of force in fear of	7991
imminent serious physical harm or committing a violation of	7992
section 2903.211 or 2911.211 of the Revised Code;	7993

(c) Committing any act with respect to a child that would	7994
result in the child being an abused child, as defined in section	7995
2151.031 of the Revised Code.	7996

(2) "Court" means the domestic relations division of the	7997
court of common pleas in counties that have a domestic relations	7998
division, and the court of common pleas in counties that do not	7999
have a domestic relations division.	8000

(3) "Family or household member" means any of the following:

8001

(a) Any of the following who is residing with or has resided	8002
with the respondent:	8003

(i) A spouse, a person living as a spouse, or a former	8004
spouse of the respondent;	8005

(ii) A parent or a child of the respondent, or another	8006
person related by consanguinity or affinity to the respondent;	8007

(iii) A parent or a child of a spouse, person living as a	8008
spouse, or former spouse of the respondent, or another person	8009
related by consanguinity or affinity to a spouse, person living as	8010
a spouse, or former spouse of the respondent.	8011

(b) The natural parent of any child of whom the respondent	8012
is the other natural parent or is the putative other natural	8013
parent.	8014

(4) "Person living as a spouse" means a person who is living	8015
or has lived with the respondent in a common law marital	8016
relationship, who otherwise is cohabiting with the respondent, or	8017
who otherwise has cohabited with the respondent within five years	8018
prior to the date of the alleged occurrence of the act in	8019
question.	8020

(5) "Victim advocate" means a person who provides support	8021
and assistance for a person who files a petition under this	8022
section.	8023

(B) The court has jurisdiction over all proceedings under	8024
this section. The petitioner's right to relief under this section	8025
is not affected by the petitioner's leaving the residence or	8026
household to avoid further domestic violence.	8027

(C) A person may seek relief under this section on the	8028
person's own behalf, or any parent or adult household member may	8029
seek relief under this section on behalf of any other family or	8030
household member, by filing a petition with the court. The	8031
petition shall contain or state:	8032

(1) An allegation that the respondent engaged in domestic	8033
violence against a family or household member of the respondent,	8034
including a description of the nature and extent of the domestic	8035
violence;	8036

(2) The relationship of the respondent to the petitioner,	8037
and to the victim if other than the petitioner;	8038

(3) A request for relief under this section.

8039

(D)(1) If a person who files a petition pursuant to this	8040
section requests an ex parte order, the court shall hold an ex	8041
parte hearing on the same day that the petition is filed. The	8042
court, for good cause shown at the ex parte hearing, may enter any	8043
temporary orders, with or without bond, including, but not limited	8044
to, an order described in division (E)(1)(a), (b), or (c) of this	8045
section, that the court finds necessary to protect the family or	8046
household member from domestic violence. Immediate and present	8047
danger of domestic violence to the family or household member	8048
constitutes good cause for purposes of this section. Immediate and	8049
present danger includes, but is not limited to, situations in	8050
which the respondent has threatened the family or household member	8051
with bodily harm or in which the respondent previously has been	8052
convicted of or pleaded guilty to an offense that constitutes	8053
domestic violence against the family or household member.	8054

(2)(a) If the court, after an ex parte hearing, issues an	8055
order described in division (E)(1)(b) or (c) of this section, the	8056
court shall schedule a full hearing for a date that is within	8057
seven court days after the ex parte hearing. If any other type of	8058
protection order that is authorized under division (E) of this	8059
section is issued by the court after an ex parte hearing, the	8060
court shall schedule a full hearing for a date that is within ten	8061
court days after the ex parte hearing. The court shall give the	8062
respondent notice of, and an opportunity to be heard at, the full	8063
hearing. The court shall hold the full hearing on the date	8064
scheduled under this division unless the court grants a	8065
continuance of the hearing in accordance with this division.	8066
Under any of the following circumstances or for any of the	8067
following reasons, the court may grant a continuance of the full	8068
hearing to a reasonable time determined by the court:	8069

(i) Prior to the date scheduled for the full hearing under	8070
this division, the respondent has not been served with the	8071
petition filed pursuant to this section and notice of the full	8072
hearing.	8073

(ii) The parties consent to the continuance.

8074

(iii) The continuance is needed to allow a party to obtain	8075
counsel.	8076

(iv) The continuance is needed for other good cause.

8077

(b) An ex parte order issued under this section does not	8078
expire because of a failure to serve notice of the full hearing	8079
upon the respondent before the date set for the full hearing under	8080
division (D)(2)(a) of this section or because the court grants a	8081
continuance under that division.	8082

(3) If a person who files a petition pursuant to this	8083
section does not request an ex parte order, or if a person	8084
requests an ex parte order but the court does not issue an ex	8085
parte order after an ex parte hearing, the court shall proceed as	8086
in a normal civil action and grant a full hearing on the matter.	8087

(E)(1) After an ex parte or full hearing, the court may	8088
grant any protection order, with or without bond, or approve any	8089
consent agreement to bring about a cessation of domestic violence	8090
against the family or household members. The order or agreement	8091
may:	8092

(a) Direct the respondent to refrain from abusing the family	8093
or household members;	8094

(b) Grant possession of the residence or household to the	8095
petitioner or other family or household member, to the exclusion	8096
of the respondent, by evicting the respondent, when the residence	8097
or household is owned or leased solely by the petitioner or other	8098
family or household member, or by ordering the respondent to	8099
vacate the premises, when the residence or household is jointly	8100
owned or leased by the respondent, and the petitioner or other	8101
family or household member;	8102

(c) When the respondent has a duty to support the petitioner	8103
or other family or household member living in the residence or	8104
household and the respondent is the sole owner or lessee of the	8105
residence or household, grant possession of the residence or	8106
household to the petitioner or other family or household member,	8107
to the exclusion of the respondent, by ordering the respondent to	8108
vacate the premises, or, in the case of a consent agreement, allow	8109
the respondent to provide suitable, alternative housing;	8110

(d) Temporarily allocate parental rights and	8111
responsibilities for the care of, or establish temporary	8112
~~visitation~~parenting time rights with regard to, minor children,	8113
if no other court has determined, or is determining, the	8114
allocation of parental rights and responsibilities for the minor	8115
children or ~~visitation~~parenting time rights;	8116

(e) Require the respondent to maintain support, if the	8117
respondent customarily provides for or contributes to the support	8118
of the family or household member, or if the respondent has a duty	8119
to support the petitioner or family or household member;	8120

(f) Require the respondent, petitioner, victim of domestic	8121
violence, or any combination of those persons, to seek counseling;	8122

(g) Require the respondent to refrain from entering the	8123
residence, school, business, or place of employment of the	8124
petitioner or family or household member;	8125

(h) Grant other relief that the court considers equitable	8126
and fair, including, but not limited to, ordering the respondent	8127
to permit the use of a motor vehicle by the petitioner or other	8128
family or household member and the apportionment of household and	8129
family personal property.	8130

(2) If a protection order has been issued pursuant to this	8131
section in a prior action involving the respondent and the	8132
petitioner or one or more of the family or household members, the	8133
court may include in a protection order that it issues a	8134
prohibition against the respondent returning to the residence or	8135
household. If it includes a prohibition against the respondent	8136
returning to the residence or household in the order, it also	8137
shall include in the order provisions of the type described in	8138
division (E)(7) of this section. This division does not preclude	8139
the court from including in a protection order or consent	8140
agreement, in circumstances other than those described in this	8141
division, a requirement that the respondent be evicted from or	8142
vacate the residence or household or refrain from entering the	8143
residence, school, business, or place of employment of the	8144
petitioner or a family or household member, and, if the court	8145
includes any requirement of that type in an order or agreement,	8146
the court also shall include in the order provisions of the type	8147
described in division (E)(7) of this section.	8148

(3)(a) Any protection order issued or consent agreement	8149
approved under this section shall be valid until a date certain,	8150
but not later than five years from the date of its issuance or	8151
approval.	8152

(b) Subject to the limitation on the duration of an order or	8153
agreement set forth in division (E)(3)(a) of this section, any	8154
order under division (E)(1)(d) of this section shall terminate on	8155
the date that a court in an action for divorce, dissolution of	8156
marriage, or legal separation brought by the petitioner or	8157
respondent issues an order allocating parental rights and	8158
responsibilities for the care of children or on the date that a	8159
juvenile court in an action brought by the petitioner or	8160
respondent issues an order awarding legal custody of minor	8161
children. Subject to the limitation on the duration of an order	8162
or agreement set forth in division (E)(3)(a) of this section, any	8163
order under division (E)(1)(e) of this section shall terminate on	8164
the date that a court in an action for divorce, dissolution of	8165
marriage, or legal separation brought by the petitioner or	8166
respondent issues a support order or on the date that a juvenile	8167
court in an action brought by the petitioner or respondent issues	8168
a support order.	8169

(c) Any protection order issued or consent agreement	8170
approved pursuant to this section may be renewed in the same	8171
manner as the original order or agreement was issued or approved.	8172

(4) A court may not issue a protection order that requires a	8173
petitioner to do or to refrain from doing an act that the court	8174
may require a respondent to do or to refrain from doing under	8175
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	8176
section unless all of the following apply:	8177

(a) The respondent files a separate petition for a	8178
protection order in accordance with this section.	8179

(b) The petitioner is served notice of the respondent's	8180
petition at least forty-eight hours before the court holds a	8181
hearing with respect to the respondent's petition, or the	8182
petitioner waives the right to receive this notice.	8183

(c) If the petitioner has requested an ex parte order	8184
pursuant to division (D) of this section, the court does not delay	8185
any hearing required by that division beyond the time specified in	8186
that division in order to consolidate the hearing with a hearing	8187
on the petition filed by the respondent.	8188

(d) After a full hearing at which the respondent presents	8189
evidence in support of the request for a protection order and the	8190
petitioner is afforded an opportunity to defend against that	8191
evidence, the court determines that the petitioner has committed	8192
an act of domestic violence or has violated a temporary protection	8193
order issued pursuant to section 2919.26 of the Revised Code, that	8194
both the petitioner and the respondent acted primarily as	8195
aggressors, and that neither the petitioner nor the respondent	8196
acted primarily in self-defense.	8197

(5) No protection order issued or consent agreement approved	8198
under this section shall in any manner affect title to any real	8199
property.	8200

(6)(a) If a petitioner, or the child of a petitioner, who	8201
obtains a protection order or consent agreement pursuant to	8202
division (E)(1) of this section or a temporary protection order	8203
pursuant to section 2919.26 of the Revised Code and is the subject	8204
of a parenting time order issued pursuant to section 3109.051 or	8205
3109.12 of the Revised Code or a visitation or companionship order	8206
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	8207
Revised Code or division (E)(1)(d) of this section granting	8208
~~visitation or companionship~~parenting time rights to the	8209
respondent, the court may require the public children services	8210
agency of the county in which the court is located to provide	8211
supervision of the respondent's exercise of parenting time or	8212
visitation or companionship rights with respect to the child for a	8213
period not to exceed nine months, if the court makes the following	8214
findings of fact:	8215

(i) The child is in danger from the respondent;

8216

(ii) No other person or agency is available to provide the	8217
supervision.	8218

(b) A court that requires an agency to provide supervision	8219
pursuant to division (E)(6)(a) of this section shall order the	8220
respondent to reimburse the agency for the cost of providing the	8221
supervision, if it determines that the respondent has sufficient	8222
income or resources to pay that cost.	8223

(7)(a) If a protection order issued or consent agreement	8224
approved under this section includes a requirement that the	8225
respondent be evicted from or vacate the residence or household or	8226
refrain from entering the residence, school, business, or place of	8227
employment of the petitioner or a family or household member, the	8228
order or agreement shall state clearly that the order or agreement	8229
cannot be waived or nullified by an invitation to the respondent	8230
from the petitioner or other family or household member to enter	8231
the residence, school, business, or place of employment or by the	8232
respondent's entry into one of those places otherwise upon the	8233
consent of the petitioner or other family or household member.	8234

(b) Division (E)(7)(a) of this section does not limit any	8235
discretion of a court to determine that a respondent charged with	8236
a violation of section 2919.27 of the Revised Code, with a	8237
violation of a municipal ordinance substantially equivalent to	8238
that section, or with contempt of court, which charge is based on	8239
an alleged violation of a protection order issued or consent	8240
agreement approved under this section, did not commit the	8241
violation or was not in contempt of court.	8242

(F)(1) A copy of any protection order, or consent agreement,	8243
that is issued or approved under this section shall be issued by	8244
the court to the petitioner, to the respondent, and to all law	8245
enforcement agencies that have jurisdiction to enforce the order	8246
or agreement. The court shall direct that a copy of an order be	8247
delivered to the respondent on the same day that the order is	8248
entered.	8249

(2) All law enforcement agencies shall establish and	8250
maintain an index for the protection orders and the approved	8251
consent agreements delivered to the agencies pursuant to division	8252
(F)(1) of this section. With respect to each order and consent	8253
agreement delivered, each agency shall note on the index the date	8254
and time that it received the order or consent agreement.	8255

(3) Regardless of whether the petitioner has registered the	8256
order or agreement in the county in which the officer's agency has	8257
jurisdiction pursuant to division (N) of this section, any officer	8258
of a law enforcement agency shall enforce a protection order	8259
issued or consent agreement approved by any court in this state in	8260
accordance with the provisions of the order or agreement,	8261
including removing the respondent from the premises, if	8262
appropriate.	8263

(G) Any proceeding under this section shall be conducted in	8264
accordance with the Rules of Civil Procedure, except that an order	8265
under this section may be obtained with or without bond. An order	8266
issued under this section, other than an ex parte order, that	8267
grants a protection order or approves a consent agreement, or that	8268
refuses to grant a protection order or approve a consent	8269
agreement, is a final, appealable order. The remedies and	8270
procedures provided in this section are in addition to, and not in	8271
lieu of, any other available civil or criminal remedies.	8272

(H) The filing of proceedings under this section does not	8273
excuse a person from filing any report or giving any notice	8274
required by section 2151.421 of the Revised Code or by any other	8275
law. When a petition under this section alleges domestic violence	8276
against minor children, the court shall report the fact, or cause	8277
reports to be made, to a county, township, or municipal peace	8278
officer under section 2151.421 of the Revised Code.	8279

(I) Any law enforcement agency that investigates a domestic	8280
dispute shall provide information to the family or household	8281
members involved regarding the relief available under this section	8282
and section 2919.26 of the Revised Code.	8283

(J) Notwithstanding any provision of law to the contrary, no	8284
court shall charge a fee for the filing of a petition pursuant to	8285
this section.	8286

(K)(1) ~~Each order for support made or modified under this~~	8287
~~section shall include as part of the order a general provision, as~~	8288
~~described in division (A)(1) of section 3113.21 of the Revised~~	8289
~~Code, requiring the withholding or deduction of income or assets~~	8290
~~of the obligor under the order as described in division (D) of~~	8291
~~section 3113.21 of the Revised Code or another type of appropriate~~	8292
~~requirement as described in division (D)(3), (D)(4), or (H) of~~	8293
~~that section, to ensure that withholding or deduction from the~~	8294
~~income or assets of the obligor is available from the commencement~~	8295
~~of the support order for collection of the support and of any~~	8296
~~arrearages that occur; a statement requiring all parties to the~~	8297
~~order to notify the child support enforcement agency in writing of~~	8298
~~their current mailing address, current residence address, current~~	8299
~~residence telephone number, current driver's license number, and~~	8300
~~any changes to that information; and a notice that the requirement~~	8301
~~to notify the agency of all changes to that information continues~~	8302
~~until further notice from the court.~~ The court shall comply with	8303
~~sections 3113.21 to 3113.219~~Chapters 3119., 3121., 3123., and	8304
3125. of the Revised Code when it makes or modifies an order for	8305
child support under this section.	8306

(2) If any person required to pay child support under an	8307
order made under this section on or after April 15, 1985, or	8308
modified under this section on or after December 31, 1986, is	8309
found in contempt of court for failure to make support payments	8310
under the order, the court that makes the finding, in addition to	8311
any other penalty or remedy imposed, shall assess all court costs	8312
arising out of the contempt proceeding against the person and	8313
require the person to pay any reasonable attorney's fees of any	8314
adverse party, as determined by the court, that arose in relation	8315
to the act of contempt.	8316

~~(2) Notwithstanding section 3109.01 of the Revised Code, if~~	8317
~~a court issues a child support order under this section, the order~~	8318
~~shall remain in effect beyond the child's eighteenth birthday as~~	8319
~~long as the child continuously attends on a full-time basis any~~	8320
~~recognized and accredited high school or the order provides that~~	8321
~~the duty of support of the child continues beyond the child's~~	8322
~~eighteenth birthday. Except in cases in which the order provides~~	8323
~~that the duty of support continues for any period after the child~~	8324
~~reaches nineteen years of age, the order shall not remain in~~	8325
~~effect after the child reaches nineteen years of age. Any parent~~	8326
~~ordered to pay support under a child support order issued under~~	8327
~~this section shall continue to pay support under the order,~~	8328
~~including during seasonal vacation periods, until the order~~	8329
~~terminates.~~	8330

(L)(1) A person who violates a protection order issued or a	8331
consent agreement approved under this section is subject to the	8332
following sanctions:	8333

(a) Criminal prosecution for a violation of section 2919.27	8334
of the Revised Code, if the violation of the protection order or	8335
consent agreement constitutes a violation of that section;	8336

(b) Punishment for contempt of court.

8337

(2) The punishment of a person for contempt of court for	8338
violation of a protection order issued or a consent agreement	8339
approved under this section does not bar criminal prosecution of	8340
the person for a violation of section 2919.27 of the Revised Code.	8341
However, a person punished for contempt of court is entitled to	8342
credit for the punishment imposed upon conviction of a violation	8343
of that section, and a person convicted of a violation of that	8344
section shall not subsequently be punished for contempt of court	8345
arising out of the same activity.	8346

(M) In all stages of a proceeding under this section, a	8347
petitioner may be accompanied by a victim advocate.	8348

(N)(1) A petitioner who obtains a protection order or	8349
consent agreement under this section or a temporary protection	8350
order under section 2919.26 of the Revised Code may provide notice	8351
of the issuance or approval of the order or agreement to the	8352
judicial and law enforcement officials in any county other than	8353
the county in which the order is issued or the agreement is	8354
approved by registering that order or agreement in the other	8355
county pursuant to division (N)(2) of this section and filing a	8356
copy of the registered order or registered agreement with a law	8357
enforcement agency in the other county in accordance with that	8358
division. A person who obtains a protection order issued by a	8359
court of another state may provide notice of the issuance of the	8360
order to the judicial and law enforcement officials in any county	8361
of this state by registering the order in that county pursuant to	8362
section 2919.272 of the Revised Code and filing a copy of the	8363
registered order with a law enforcement agency in that county.	8364

(2) A petitioner may register a temporary protection order,	8365
protection order, or consent agreement in a county other than the	8366
county in which the court that issued the order or approved the	8367
agreement is located in the following manner:	8368

(a) The petitioner shall obtain a certified copy of the	8369
order or agreement from the clerk of the court that issued the	8370
order or approved the agreement and present that certified copy to	8371
the clerk of the court of common pleas or the clerk of a municipal	8372
court or county court in the county in which the order or	8373
agreement is to be registered.	8374

(b) Upon accepting the certified copy of the order or	8375
agreement for registration, the clerk of the court of common	8376
pleas, municipal court, or county court shall place an endorsement	8377
of registration on the order or agreement and give the petitioner	8378
a copy of the order or agreement that bears that proof of	8379
registration.	8380

(3) The clerk of each court of common pleas, the clerk of	8381
each municipal court, and the clerk of each county court shall	8382
maintain a registry of certified copies of temporary protection	8383
orders, protection orders, or consent agreements that have been	8384
issued or approved by courts in other counties and that have been	8385
registered with the clerk.	8386

(4) If a petitioner who obtains a protection order or	8387
consent agreement under this section or a temporary protection	8388
order under section 2919.26 of the Revised Code wishes to register	8389
the order or agreement in any county other than the county in	8390
which the order was issued or the agreement was approved, pursuant	8391
to divisions (N)(1) to (3) of this section, and if the petitioner	8392
is indigent, both of the following apply:	8393

(a) If the petitioner submits to the clerk of the court that	8394
issued the order or approved the agreement satisfactory proof that	8395
the petitioner is indigent, the clerk may waive any fee that	8396
otherwise would be required for providing the petitioner with a	8397
certified copy of the order or agreement to be used for purposes	8398
of divisions (N)(1) to (3) of this section;	8399

(b) If the petitioner submits to the clerk of the court of	8400
common pleas or the clerk of a municipal court or county court in	8401
the county in which the order or agreement is to be registered	8402
satisfactory proof that the petitioner is indigent, the clerk may	8403
waive any fee that otherwise would be required for accepting for	8404
registration a certified copy of the order or agreement, for	8405
placing an endorsement of registration on the order or agreement,	8406
or for giving the petitioner a copy of the order or agreement that	8407
bears the proof of registration.	8408

Sec. 3113.99. ~~(A) For purposes of this section:~~

8409

~~(1) "Child support order" means an order for support issued~~	8410
~~or modified under Chapter 3115. or section 2151.23, 2151.231,~~	8411
~~2151.232, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3111.13,~~	8412
~~3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code.~~	8413

~~(2) "Obligor" means a person who is required to pay support~~	8414
~~under a child support order.~~	8415

~~(B)~~ Whoever violates section 3113.06 of the Revised Code is	8416
guilty of a misdemeanor of the first degree. If the offender	8417
previously has been convicted of or pleaded guilty to a violation	8418
of section 3113.06 of the Revised Code or if the court finds that	8419
the offender has failed to pay the cost of child maintenance under	8420
section 3113.06 of the Revised Code for a total accumulated period	8421
of twenty-six weeks out of one hundred four consecutive weeks,	8422
whether or not the twenty-six weeks were consecutive, a violation	8423
of section 3113.06 of the Revised Code is a felony of the fifth	8424
degree.	8425

~~(C) An obligor who violates division (D)(1)(c) of section~~	8426
~~3113.21 of the Revised Code shall be fined not more than fifty~~	8427
~~dollars for a first offense, not more than one hundred dollars for~~	8428
~~a second offense, and not more than five hundred dollars for each~~	8429
~~subsequent offense.~~	8430

~~(D) An obligor who violates division (G)(2) of section~~	8431
~~3113.21 of the Revised Code shall be fined not more than fifty~~	8432
~~dollars for a first offense, not more than one hundred dollars for~~	8433
~~a second offense, and not more than five hundred dollars for each~~	8434
~~subsequent offense.~~	8435

~~(E) A fine amount imposed pursuant to division (C) or (D) of~~	8436
~~this section shall be paid to the division of child support in the~~	8437
~~department of job and family services or, pursuant to division~~	8438
~~(H)(4) of section 2301.35 of the Revised Code, the child support~~	8439
~~enforcement agency. The amount of the fine that does not exceed~~	8440
~~the amount of arrearage under the child support order shall be~~	8441
~~disbursed in accordance with the child support order. The amount~~	8442
~~of the fine that exceeds the amount of the arrearage order shall~~	8443
~~be called program income and collected in accordance with section~~	8444
~~5101.325 of the Revised Code.~~	8445

Sec. 3115.01. As used in sections 3115.01 to 3115.59 of the	8446
Revised Code:	8447

(A) "Child" means an individual under the age of majority,	8448
who is or is alleged to be owed a duty of support by the	8449
individual's parent or who is or is alleged to be the beneficiary	8450
of a support order directed to the parent.	8451

(B) "Child support order" means an order for the support of	8452
a child that provides for monetary support, whether current or in	8453
arrears, health care, or reimbursements, and may include related	8454
costs and fees, interest, income withholding requirements,	8455
attorney fees, and other relief. "Child support order" includes	8456
~~orders~~:	8457

(1) An order under which the child has attained the age of	8458
majority under the law of the issuing state and amounts for	8459
current support are required to be paid, or arrearages are owed,	8460
under the order;	8461

(2) An order under which the child has attained the age of	8462
majority under the laws of this state but has not attained the age	8463
of majority under the laws of the issuing state and amounts for	8464
current support are required to be paid, or arrearages are owed,	8465
under the order.	8466

(C) "Duty of support" means an obligation imposed or that	8467
may be imposed under law to provide support for a child, spouse,	8468
or former spouse, including an unsatisfied obligation to provide	8469
support.	8470

(D) "Home state" means the state in which a child lived with	8471
a parent or a person acting as a parent for at least six	8472
consecutive months immediately preceding the time of filing of a	8473
complaint or comparable pleading for support and, if a child is	8474
less than six months old, the state in which the child lived from	8475
birth with any of them. A period of temporary absence of any of	8476
them is counted as part of the six-month or other period.	8477

(E) "Income" includes earnings or other periodic	8478
entitlements to money from any source and any other property	8479
subject to withholding for support under the law of this state.	8480

(F) "Income withholding order" means an order or other legal	8481
process directed to an obligor's payor~~, as defined in sections~~	8482
~~3111.20 and 3113.21 of the Revised Code,~~ to withhold support from	8483
the income of the obligor.	8484

(G) "Initiating state" means a state from which a proceeding	8485
is forwarded or in which a proceeding is filed for forwarding to a	8486
responding state under sections 3115.01 to 3115.59 of the Revised	8487
Code or a law or procedure substantially similar to those	8488
sections, the uniform reciprocal enforcement of support act, or	8489
the revised uniform reciprocal enforcement of support act.	8490

(H) "Initiating tribunal" means the authorized tribunal in	8491
an initiating state.	8492

(I) "Issuing state" means the state in which a tribunal	8493
issues a support order or renders a judgment determining	8494
parentage.	8495

(J) "Issuing tribunal" means the tribunal that issues a	8496
support order or renders a judgment determining the existence or	8497
nonexistence of a parent and child relationship.	8498

(K) "Law" includes decisional and statutory law and rules	8499
and regulations having the force of law.	8500

(L) "Obligee" means any of the following:

8501

(1) An individual to whom a duty of support is or is alleged	8502
to be owed or in whose favor a support order has been issued or a	8503
judgment determining parentage has been rendered;	8504

(2) A state or political subdivision to which the rights	8505
under a duty of support or support order have been assigned or	8506
which has independent claims based on financial assistance	8507
provided to an individual obligee;	8508

(3) An individual seeking a judgment determining parentage	8509
of the individual's child.	8510

(M) "Obligor" means an individual, or the estate of a	8511
decedent to which any of the following applies:	8512

(1) The individual or estate owes or is alleged to owe a	8513
duty of support;	8514

(2) The individual is alleged but has not been adjudicated	8515
to be a parent of a child;	8516

(3) The individual or estate is liable under a support	8517
order.	8518

(N) "Payor" has the same meaning as in section 3121.01 of the	8519
Revised Code.	8520

(O) "Register" means to file a support order or judgment	8521
determining the existence or nonexistence of a parent and child	8522
relationship in a registering tribunal.	8523

~~(O)~~(P) "Registering tribunal" means a tribunal in which a	8524
support order is registered.	8525

~~(P)~~(Q) "Responding state" means a state in which a	8526
proceeding is filed or to which a proceeding is forwarded for	8527
filing from an initiating state under sections 3115.01 to 3115.59	8528
of the Revised Code or a law or procedure substantially similar to	8529
those sections, the uniform reciprocal enforcement of support act,	8530
or the revised uniform reciprocal enforcement of support act.	8531

~~(Q)~~(R) "Responding tribunal" means the authorized tribunal	8532
in a responding state.	8533

~~(R)~~(S) "Revised uniform reciprocal enforcement of support	8534
act" means the act addressing interstate enforcement of support	8535
orders adopted in 1968 by the national conference of commissioners	8536
on uniform state laws or any law substantially similar to the act	8537
adopted by another state.	8538

~~(S)~~(T) "Spousal support order" means an order for the	8539
support of a spouse or former spouse that provides for monetary	8540
support, whether current or in arrears, health care, or	8541
reimbursements, and may include related costs and fees, interest,	8542
income withholding requirements, attorney fees, and other relief.	8543

~~(T)~~(U) "State" has the same meaning as in section 1.59 of	8544
the Revised Code, except that it also includes both of the	8545
following:	8546

(1) An Indian tribe;

8547

(2) A foreign jurisdiction that has enacted a law or	8548
established procedures for issuance and enforcement of support	8549
orders that are substantially similar to the procedures under	8550
sections 3115.01 to 3115.59 of the Revised Code, the uniform	8551
reciprocal enforcement of support act, or the revised uniform	8552
reciprocal enforcement of support act.	8553

~~(U)~~(V) "Support enforcement agency" means a public official	8554
or agency authorized to do any of the following:	8555

(1) Seek enforcement of support orders or laws relating to	8556
the duty of support;	8557

(2) Seek establishment or modification of child support;

8558

(3) Seek determination of the existence or nonexistence of a	8559
parent and child relationship;	8560

(4) Locate obligors or their assets.

8561

~~(V)~~(W) "Support order" means a spousal support order or	8562
child support order.	8563

~~(W)~~(X) "Tribunal" means any trial court of record of this	8564
state and when the context requires, a court, administrative	8565
agency, or quasi-judicial entity of any other state authorized to	8566
establish, enforce, or modify support orders or to determine	8567
parentage.	8568

~~(X)~~(Y) "Uniform reciprocal enforcement of support act" means	8569
the act addressing interstate enforcement of support orders	8570
adopted in 1950 and amended in 1952 and 1958 by the national	8571
conference of commissioners on uniform state laws or any law	8572
substantially similar to the act adopted by another state.	8573

Sec. 3115.03. In a proceeding to establish, enforce, or	8574
modify a support order or to determine the existence or	8575
nonexistence of a parent and child relationship, a tribunal or	8576
support enforcement agency of this state may exercise personal	8577
jurisdiction over a nonresident individual if any of the following	8578
is the case:	8579

(A) The individual is personally served with summons within	8580
this state;	8581

(B) The individual submits to the jurisdiction of this state	8582
by consent, by entering a general appearance, or by filing a	8583
responsive pleading or other document having the effect of waiving	8584
any contest to personal jurisdiction;	8585

8586

(D) The individual resided in this state and provided	8587
prenatal expenses or support for the child;	8588

(E) The child resides in this state as a result of the acts	8589
or directives of the individual;	8590

(F) The individual engaged in sexual intercourse in this	8591
state and the child may have been conceived by that act of	8592
intercourse;	8593

(G) The individual registered in the putative father	8594
registry maintained pursuant to section 3107.062 of the Revised	8595
Code;	8596

(H) There is any other basis for the state to exercise	8597
personal jurisdiction over the individual.	8598

Sec. 3115.04. A tribunal or support enforcement agency of	8599
this state exercising personal jurisdiction over a nonresident	8600
under section 3115.03 of the Revised Code may apply section	8601
3115.27 of the Revised Code to obtain evidence from another state	8602
and section 3115.29 of the Revised Code to obtain discovery	8603
through a tribunal of another state. In all other respects,	8604
sections 3115.12 to 3115.52 of the Revised Code are not applicable	8605
and the tribunal or support enforcement agency shall apply the	8606
procedural and substantive law of this state, including the rules	8607
on choice of law other than those established by sections 3115.01	8608
to 3115.59 of the Revised Code.	8609

Sec. 3115.05. Under sections 3115.01 to 3115.59 of the	8610
Revised Code, a tribunal or support enforcement agency of this	8611
state may serve as an initiating tribunal to forward proceedings	8612
to another state and as a responding tribunal for proceedings	8613
initiated in another state.	8614

Sec. 3115.08. (A) A tribunal or support enforcement agency	8615
of this state may serve as an initiating tribunal to request a	8616
tribunal of another state to enforce or modify a support order	8617
issued in that state.	8618

(B) A tribunal of this state having continuing, exclusive	8619
jurisdiction over a support order may act as a responding tribunal	8620
to enforce or modify the order. If a party subject to the	8621
continuing, exclusive jurisdiction of the tribunal no longer	8622
resides in the issuing state, in subsequent proceedings the	8623
tribunal may apply section 3115.27 of the Revised Code to obtain	8624
evidence from another state and section 3115.29 of the Revised	8625
Code to obtain discovery through a tribunal of another state.	8626

(C) A tribunal of this state that lacks continuing,	8627
exclusive jurisdiction over a spousal support order may not serve	8628
as a responding tribunal to modify a spousal support order of	8629
another state.	8630

Sec. 3115.09. (A) If a proceeding is brought under sections	8631
3115.01 to 3115.59 of the Revised Code, and only one support	8632
enforcement agency of this state or tribunal has issued a child	8633
support order, the order of that agency or tribunal shall be	8634
recognized as controlling.	8635

(B) If a proceeding is brought under sections 3115.01 to	8636
3115.59 of the Revised Code, and two or more child support orders	8637
have been issued by tribunals of this state or another state with	8638
regard to the same obligor and child, a tribunal of this state	8639
shall do the following:	8640

(1) If only one of the tribunals would have continuing,	8641
exclusive jurisdiction, recognize the child support order of that	8642
tribunal as controlling.	8643

(2) If more than one of the tribunals would have continuing,	8644
exclusive jurisdiction, recognize the child support order issued	8645
by the tribunal in the current home state of the child as	8646
controlling, but if a child support order has not been issued in	8647
the current home state of the child, recognize the child support	8648
order most recently issued as controlling.	8649

(3) If none of the tribunals would have continuing,	8650
exclusive jurisdiction, the tribunal of this state having	8651
jurisdiction over the parties shall issue its own child support	8652
order which shall be controlling.	8653

(C) If two or more child support orders have been issued for	8654
the same obligor and child and the obligor or the individual	8655
obligee resides in this state, a party may request a tribunal of	8656
this state to determine which order to recognize as controlling	8657
pursuant to division (B) of this section. The request must be	8658
accompanied by a certified copy of every support order in effect.	8659
The requesting party shall give notice of the request to each	8660
party whose rights may be affected by the determination.	8661

(D) The tribunal that issued the controlling child support	8662
order under division (A), (B), or (C) of this section is the	8663
tribunal that has continuing, exclusive jurisdiction under section	8664
3115.07 of the Revised Code.	8665

(E) A tribunal of this state that determines by order the	8666
identity of the controlling child support order under division	8667
(B)(1) or (2) of this section or that issues a new controlling	8668
child support order under division (B)(3) of this section shall	8669
state in the order or child support order the basis upon which the	8670
tribunal made its determination.	8671

(F) Within thirty days after issuance of an order	8672
recognizing the controlling child support order or a new	8673
controlling child support order, the party obtaining the order	8674
shall file a certified copy of it with each tribunal that issued	8675
or registered an earlier child support order. A party who obtains	8676
the order and fails to file a certified copy is subject to	8677
appropriate sanctions by a tribunal in which the issue of failure	8678
to file arises. The failure to file does not affect the validity	8679
or enforceability of the controlling order.	8680

Sec. 3115.11. Amounts collected and credited for a	8681
particular period pursuant to a support order issued by a tribunal	8682
of another state must be credited against the amounts accruing or	8683
accrued for the same period under a support order covering the	8684
same parties for the same duty of support issued by the tribunal	8685
or support enforcement agency of this state.	8686

Sec. 3115.14. Except as otherwise provided by sections	8687
3115.01 to 3115.59 of the Revised Code, a responding tribunal of	8688
this state shall apply the procedural and substantive law,	8689
including the rules on choice of law, generally applicable to	8690
similar proceedings originating in this state and may exercise all	8691
powers and provide all remedies available in those proceedings and	8692
shall determine the duty of support and the amount of support	8693
payable in accordance with ~~sections 3113.21 to 3113.219 and~~	8694
sections 3115.01 to 3115.59 and Chapters 3119., 3121., 3123., and	8695
3125. of the Revised Code.	8696

Sec. 3115.16. (A) When a responding tribunal of this state	8697
receives a complaint or comparable pleading from an initiating	8698
tribunal or directly pursuant to section 3115.12 of the Revised	8699
Code, it shall cause the complaint or pleading to be filed and	8700
notify the plaintiff where and when it was filed.	8701

(B) A responding tribunal of this state, to the extent	8702
otherwise authorized by law, may do one or more of the following	8703
consistent with applicable sections of Chapters 3105., 3109.,	8704
3111., ~~and~~ 3113.,3119., 3121., 3123.,and3125. of the Revised	8705
Code:	8706

(1) Issue or enforce a support order, modify a child support	8707
order, or determine the existence or nonexistence of a parent and	8708
child relationship;	8709

(2) Order an obligor to comply with a support order,	8710
specifying the amount and the manner of compliance;	8711

(3) Order income withholding;

8712

(4) Determine the amount of any arrearages, and specify a	8713
method of payment;	8714

(5) Enforce orders by civil or criminal contempt, or both;

8715

(6) Set aside property for satisfaction of the support	8716
order;	8717

(7) Place liens and order execution on the obligor's	8718
property;	8719

(8) Order an obligor to keep the support enforcement agency	8720
of this state or the tribunal informed of the obligor's current	8721
residential address, telephone number, employer, address of	8722
employment, and telephone number at the place of employment;	8723

(9) Issue a bench warrant for an obligor who has failed	8724
after proper notice to appear at a hearing ordered by the tribunal	8725
and enter the bench warrant in any local and state computer	8726
systems for criminal warrants;	8727

(10) Order the obligor to seek appropriate employment by	8728
specified methods;	8729

(11) Award reasonable attorney's fees and other fees and	8730
costs;	8731

(12) Grant any other available remedy.

8732

(C) A responding tribunal or support enforcement agency of	8733
this state shall include in a support order issued under sections	8734
3115.01 to 3115.59 of the Revised Code, or in the documents	8735
accompanying the order, the calculations on which the support	8736
order is based.	8737

(D) A responding tribunal of this state may not condition	8738
the payment of a support order issued under sections 3115.01 to	8739
3115.59 of the Revised Code upon compliance by a party with	8740
provisions for parenting time or visitation.	8741

(E) If a responding tribunal or support enforcement agency	8742
of this state issues an order under sections 3115.01 to 3115.59 of	8743
the Revised Code, the tribunal or support enforcement agency shall	8744
send a copy of the order to the plaintiff and the defendant and to	8745
the initiating tribunal, if any.	8746

Sec. 3115.17. If a complaint or comparable pleading is	8747
received by an inappropriate tribunal or support enforcement	8748
agency of this state, the tribunal or support enforcement agency	8749
shall forward the pleading and accompanying documents to an	8750
appropriate tribunal or support enforcement agency in this state	8751
or the appropriate tribunal of another state and notify the	8752
plaintiff where and when the pleading was sent.	8753

Sec. 3115.28. A tribunal or support enforcement agency of	8754
this state may communicate with a tribunal of another state in	8755
writing, or by telephone or other means, to obtain information	8756
concerning the laws of that state, the legal effect of a judgment,	8757
decree, or order of that tribunal, and the status of a proceeding	8758
in the other state. A tribunal or support enforcement agency of	8759
this state may furnish similar information by similar means to a	8760
tribunal of another state.	8761

Sec. 3115.31. (A) If a support order entitled to	8762
recognition under sections 3115.01 to 3115.59 of the Revised Code	8763
has not been issued, a responding tribunal of this state may issue	8764
a support order if either of the following apply:	8765

(1) The individual seeking the order resides in another	8766
state;	8767

(2) The support enforcement agency seeking the order is	8768
located in another state.	8769

(B) The tribunal may issue a temporary child support order	8770
if any of the following apply:	8771

(1) The defendant has signed a verified statement	8772
acknowledging that the defendant is the parent of the child;	8773

(2) The defendant has been determined by or pursuant to law	8774
to be the parent;	8775

(3) There is other clear and convincing evidence that the	8776
defendant is the child's parent.	8777

(C)(1) If the responding tribunal finds, after giving notice	8778
and an opportunity to be heard to the obligor, that the obligor	8779
owes a duty of support, it shall issue a support order directed to	8780
the obligor and may issue any other order under section 3115.16 of	8781
the Revised Code. Support orders made pursuant to sections	8782
3115.01 to 3115.59 of the Revised Code shall require that payments	8783
be made to the ~~division~~office of child support in the department	8784
of job and family services.	8785

(2) The responding tribunal shall transmit to the initiating	8786
tribunal a copy of all orders of support or for reimbursement of	8787
support.	8788

(3) ~~Each order for support made or modified under section~~	8789
~~3115.16 of the Revised Code, this section, and former section~~	8790
~~3115.22 of the Revised Code on or after December 31, 1993, shall~~	8791
~~include as part of the order a general provision, as described in~~	8792
~~division (A)(1) of section 3113.21 of the Revised Code, requiring~~	8793
~~the withholding or deduction of income or assets of the obligor~~	8794
~~under the order as described in division (D) of section 3113.21 of~~	8795
~~the Revised Code or another type of appropriate requirement as~~	8796
~~described in division (D)(3), (D)(4), or (H) of that section, to~~	8797
~~ensure that withholding or deduction from the income or assets of~~	8798
~~the obligor is available from the commencement of the support~~	8799
~~order for collection of the support and of any arrearages that~~	8800
~~occur; a statement requiring all parties to the order to notify~~	8801
~~the support enforcement agency in writing of their current mailing~~	8802
~~address, current residence address, current residence telephone~~	8803
~~number, current driver's license number, and any changes to that~~	8804
~~information; and a notice that the requirement to notify the~~	8805
~~agency of all changes to that information continues until further~~	8806
~~notice from the tribunal.~~ Any tribunal that makes or modifies an	8807
order for support under this section or former section 3115.22 of	8808
the Revised Code on or after April 12, 1990, shall comply with	8809
~~sections 3113.21 to 3113.219~~Chapters 3119., 3121., 3123., and	8810
3125. of the Revised Code. If any person required to pay child	8811
support under an order made under this section or former section	8812
3115.22 of the Revised Code on or after April 15, 1985, or any	8813
person required to pay support under an order made or modified	8814
under this section or former section 3115.22 of the Revised Code	8815
on or after December 31, 1986, is found in contempt of court for	8816
failure to make support payments under the order, the tribunal	8817
that makes the finding, in addition to any other penalty or remedy	8818
imposed, shall assess all court costs arising out of the contempt	8819
proceeding against the person and require the person to pay any	8820
reasonable attorney's fees of any adverse party, as determined by	8821
the tribunal, that arose in relation to the act of contempt.	8822

Sec. 3115.32. An income withholding order issued in another	8823
state may be sent to ~~the individual or entity defined as~~ the	8824
obligor's payor ~~under sections 3111.20 and 3113.21 of the Revised~~	8825
~~Code~~ without first filing a complaint or comparable pleading or	8826
registering the order with a tribunal or support enforcement	8827
agency of this state.	8828

Sec. 3115.33. (A) Upon receipt of an income withholding	8829
order, the obligor's ~~employer~~payor shall immediately provide a	8830
copy of the order to the obligor.	8831

(B) The ~~employer~~payor shall treat an income withholding	8832
order issued in another state which appears regular on its face as	8833
if it had been issued by a tribunal or support enforcement agency	8834
of this state.	8835

(C) Except as otherwise provided in division (D) of this	8836
section and section 3115.34 of the Revised Code, the ~~employer~~	8837
payor shall withhold and distribute the funds as directed in the	8838
withholding order by complying with terms of the order that	8839
specify:	8840

(1) The duration and amount of periodic payments of support,	8841
stated as a sum certain;	8842

(2) The person or agency designated to receive payments and	8843
the address to which the payments are to be forwarded;	8844

(3) Medical support, whether in the form of periodic cash	8845
payment, stated as a sum certain, or ordering the obligor to	8846
provide health insurance coverage under a policy available through	8847
the obligor's ~~employment~~payor;	8848

(4) The amount of periodic payments of fees and costs for a	8849
support enforcement agency, the issuing tribunal, and the	8850
obligee's attorney, stated as a sum certain;	8851

(5) The amount of periodic payments of arrearages and	8852
interest on arrearages, stated as a sum certain.	8853

(D) ~~An employer~~A payor shall comply with the law of the	8854
state of the obligor's principal place of employment,if the payor	8855
is the obligor's employer, or the payor's principal place of	8856
business, in all other cases, for withholding from income with	8857
respect to all of the following:	8858

(1) The ~~employer's~~payor's fee for processing an income	8859
withholding order;	8860

(2) The maximum amount permitted to be withheld from the	8861
obligor's income;	8862

(3) The times within which the ~~employer~~payor must implement	8863
the withholding order and forward the support payment.	8864

Sec. 3115.34. If an obligor's ~~employer~~payor receives	8865
multiple income withholding orders with respect to the earnings of	8866
the same obligor, the ~~employer~~payor satisfies the terms of the	8867
multiple orders if the ~~employer~~payor complies with the law of the	8868
state of the obligor's principal place of employment,if the payor	8869
is the obligor's employer, or the payor's principal place of	8870
business, in all other cases, to establish the priorities for	8871
withholding and allocating income withheld for multiple support	8872
obligees.	8873

Sec. 3115.35. ~~An employer~~A payor who complies with an income	8874
withholding order issued in another state in accordance with	8875
sections 3115.32 to 3115.37 of the Revised Code is not subject to	8876
civil liability to an individual or agency with regard to the	8877
~~employer's~~payor's withholding of support from the obligor's	8878
income pursuant to the support order.	8879

Sec. 3115.36. ~~An employer~~A payor who willfully fails to	8880
comply with an income withholding order issued by another state	8881
and received for enforcement is subject to the same penalties that	8882
may be imposed for noncompliance with an order issued by a	8883
tribunal or support enforcement agency of this state.	8884

Sec. 3115.37. (A) If a person designated as an obligor	8885
under an income withholding order issued in another state and	8886
received directly by ~~an employer~~a payor in this state believes	8887
that the person is not subject to a support order or does not have	8888
a duty of support under any order issued by any tribunal pursuant	8889
to which the income withholding order was issued, the person may	8890
contact the office of child support in the department of job and	8891
family services and request that the office investigate whether	8892
the person is subject to such a support order or has such a duty	8893
of support. Not later than fifteen days after the date the	8894
request is made, the office shall conduct the investigation and	8895
notify the person of its determination. If the office determines	8896
that the person is subject to a support order or does have a duty	8897
of support under any order issued by any tribunal pursuant to	8898
which the income withholding order was issued, the person may	8899
contest the validity or enforcement of the income withholding	8900
order by filing an action for declaratory judgment pursuant to	8901
Chapter 2721. of the Revised Code in the juvenile court ~~of common~~	8902
~~pleas~~or other court with jurisdiction under section 2101.022 or	8903
2301.03 of the Revised Code in the county in which is located the	8904
~~employer's~~payor's principal place of business requesting that the	8905
court determine whether the person is the obligor subject to a	8906
support order or has a duty of support under a support order	8907
pursuant to which the income withholding order was issued.	8908

(B) The obligor shall give notice of the action initiated	8909
pursuant to Chapter 2721. of the Revised Code to all of the	8910
following:	8911

(1) A support enforcement agency providing services to the	8912
obligee;	8913

(2) Each ~~employer~~payor that has directly received an income	8914
withholding order;	8915

(3) The person or agency designated to receive payments in	8916
the income withholding order or, if no person or agency is	8917
designated, the obligee.	8918

(C) Notwithstanding sections 3115.32 to 3115.36 of the	8919
Revised Code, if the office determines, or the court issues an	8920
order determining, that the person is not an obligor subject to a	8921
support order or does not have a duty of support under a support	8922
order pursuant to which the income withholding order was issued,	8923
the ~~employer~~payor shall not enforce the income withholding order	8924
against the person.	8925

Sec. 3115.42. (A) When a support order or income	8926
withholding order issued in another state is registered,	8927
immediately on registration the registering tribunal shall send	8928
notice to the nonregistering party of the registration. The	8929
notice must be accompanied by a copy of the registered order and	8930
the documents and relevant information described in division (A)	8931
of section 3115.39 of the Revised Code.	8932

(B) The notice must inform the nonregistering party of all	8933
of the following:	8934

(1) That a registered order that is confirmed pursuant to	8935
section 3115.43 or 3115.44 of the Revised Code is enforceable as	8936
of the date of registration in the same manner as an order issued	8937
by a tribunal of this state;	8938

(2) That a hearing to contest the validity or enforcement of	8939
the registered order must be requested pursuant to section 3115.43	8940
of the Revised Code no later than twenty days after the date of	8941
mailing or personal service of the notice;	8942

(3) That failure to contest the validity or enforcement of	8943
the registered order in a timely manner will result in	8944
confirmation of the order and enforcement of the order and the	8945
alleged arrearages and precludes further contest of that order	8946
with respect to any matter that could have been asserted;	8947

(4) The amount of any alleged arrearages under the support	8948
order.	8949

(C) On registration of an income withholding order for	8950
enforcement, the registering tribunal or a support enforcement	8951
agency of this state shall issue a withholding notice to the	8952
obligor's ~~employer~~payor pursuant to ~~sections 3113.21 to 3113.219~~	8953
Chapter3121. of the Revised Code.	8954

Sec. 3115.49. A tribunal or support enforcement agency of	8955
this state shall recognize a modification of its earlier child	8956
support order by a tribunal of another state that assumed	8957
jurisdiction pursuant to a law adopted by the other state that is	8958
substantially similar to sections 3115.01 to 3115.59 of the	8959
Revised Code and, upon request, except as otherwise provided in	8960
sections 3115.01 to 3115.59 of the Revised Code, shall do all of	8961
the following,as appropriate:	8962

(A) Enforce collection of support amounts accruing before	8963
the modification of the order;	8964

(B) Enforce only nonmodifiable aspects of that order;

8965

(C) Provide other appropriate relief only for violations of	8966
that order that occurred before the effective date of the	8967
modification;	8968

(D) Recognize the modifying order of the other state, upon	8969
registration, for the purpose of enforcement.	8970

Sec. 3115.52. (A) A tribunal or support enforcement agency	8971
of this state may serve as an initiating or responding tribunal in	8972
a proceeding brought under sections 3115.01 to 3115.59 of the	8973
Revised Code or a law or procedure substantially similar to those	8974
sections, the uniform reciprocal enforcement of support act, or	8975
the revised uniform reciprocal enforcement of support act to	8976
determine the existence or nonexistence of a parent and child	8977
relationship with respect to the parties.	8978

(B) In a proceeding pursuant to division (A) of this	8979
section, a responding tribunal of this state shall comply with	8980
~~sections 3111.01 to 3111.19~~Chapter3111. of the Revised Code and	8981
the rules of this state on choice of law.	8982

Sec. 3115.56. (A) If this state is the responding state, a	8983
complaint seeking enforcement, collection, or modification of an	8984
existing support order originally issued in this state shall be	8985
filed with the tribunal or ~~child~~ support enforcement agency that	8986
issued the original order.	8987

(B) An original action under this chapter shall be filed	8988
with the appropriate tribunal of the county pursuant to sections	8989
2151.23 and 2301.03 of the Revised Code in which the respondent	8990
resides or is found.	8991

(C) If an obligor contesting the direct withholding of	8992
income under section 3115.37 of the Revised Code is not a resident	8993
of this state, the complaint shall be filed with the appropriate	8994
tribunal located in either of the following:	8995

(1) The county in which the obligor's ~~employer~~payor is	8996
located, if the order attaches to the income of the obligor paid	8997
by the ~~employer~~payor;	8998

(2) The county in which an account is located in a financial	8999
institution, if the income withholding order attaches the funds in	9000
that account.	9001

If venue cannot be determined under division (C)(1) or (2) of	9002
this section, the nonresident obligor shall file the complaint	9003
with a tribunal located in a county of this state that borders the	9004
obligor's county of residence or in Franklin county.	9005

Sec. 3119.01. (A) As used in the Revised Code, "child	9006
support enforcement agency" means a child support enforcement	9007
agency designated under former section 2301.35 of the Revised Code	9008
prior to October 1, 1997, or a private or government entity	9009
designated as a child support enforcement agency under section	9010
307.981 of the Revised Code.	9011

(B) As used in this chapter and Chapters 3121., 3123., and	9012
3125. of the Revised Code:	9013

(1) "Administrative child support order" means any order	9014
issued by a child support enforcement agency for the support of a	9015
child pursuant to section 3109.19 or 3111.81 of the Revised Code	9016
or former section 3111.211 of the Revised Code, section 3111.21 of	9017
the Revised Code as that section existed prior to January 1, 1998,	9018
or section 3111.20 or 3111.22 of the Revised Code as those	9019
sections existed prior to the effective date of this section.	9020

(2) "Child support order" means either a court child support	9021
order or an administrative child support order.	9022

(3) "Obligee" means the person who is entitled to receive the	9023
support payments under a support order.	9024

(4) "Obligor" means the person who is required to pay	9025
support under a support order.	9026

(5) "Support order" means either an administrative child	9027
support order or a court support order.	9028

9029

(1) "Combined gross income" means the combined gross income	9030
of both parents.	9031

(2) "Court child support order" means any order issued by a	9032
court for the support of a child pursuant to Chapter 3115. of the	9033
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,	9034
2151.36, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,	9035
3113.07, 3113.31, 3119.65, 3119.70, or 3123.07 of the Revised	9036
Code, or division (B) of former section 3113.21 of the Revised	9037
Code.	9038

(3) "Court support order" means either a court child support	9039
order or an order for the support of a spouse issued pursuant to	9040
Chapter 3115. of the Revised Code, section 3105.18, 3113.31, or	9041
3123.07 of the Revised Code, or division (B) of former section	9042
3113.21 of the Revised Code.	9043

(4) "Extraordinary medical expenses" means any uninsured	9044
medical expenses incurred for a child during a calendar year that	9045
exceed one hundred dollars.	9046

(5) "Income" means either of the following:

9047

(a) For a parent who is employed to full capacity, the gross	9048
income of the parent;	9049

(b) For a parent who is unemployed or underemployed, the sum	9050
of the gross income of the parent and any potential income of the	9051
parent.	9052

(6) "Insurer" means any person authorized under Title XXXIX	9053
of the Revised Code to engage in the business of insurance in this	9054
state, any health insuring corporation, and any legal entity that	9055
is self-insured and provides benefits to its employees or members.	9056

(7) "Gross income" means, except as excluded in division	9057
(C)(7) of this section, the total of all earned and unearned	9058
income from all sources during a calendar year, whether or not the	9059
income is taxable, and includes income from salaries, wages,	9060
overtime pay, and bonuses to the extent described in division (D)	9061
of section 3119.05 of the Revised Code; commissions; royalties;	9062
tips; rents; dividends; severance pay; pensions; interest; trust	9063
income; annuities; social security benefits, including retirement,	9064
disability, and survivor benefits that are not means-tested;	9065
workers' compensation benefits; unemployment insurance benefits;	9066
disability insurance benefits; benefits that are not means-tested	9067
and that are received by and in the possession of the veteran who	9068
is the beneficiary for any service-connected disability under a	9069
program or law administered by the United States department of	9070
veterans' affairs or veterans' administration; spousal support	9071
actually received; and all other sources of income. "Gross	9072
income" includes income of members of any branch of the United	9073
States armed services or national guard, including, amounts	9074
representing base pay, basic allowance for quarters, basic	9075
allowance for subsistence, supplemental subsistence allowance,	9076
cost of living adjustment, specialty pay, variable housing	9077
allowance, and pay for training or other types of required drills;	9078
self-generated income; and potential cash flow from any source.	9079

"Gross income" does not include any of the following:

9080

(a) Benefits received from means-tested government	9081
administered programs, including Ohio works first; prevention,	9082
retention, and contingency; means-tested veterans' benefits;	9083
supplemental security income; food stamps; disability assistance;	9084
or other assistance for which eligibility is determined on the	9085
basis of income or assets;	9086

(b) Benefits for any service-connected disability under a	9087
program or law administered by the United States department of	9088
veterans' affairs or veterans' administration that are not	9089
means-tested, that have not been distributed to the veteran who is	9090
the beneficiary of the benefits, and that are in the possession of	9091
the United States department of veterans' affairs or veterans'	9092
administration;	9093

(c) Child support received for children who were not born or	9094
adopted during the marriage at issue;	9095

(d) Amounts paid for mandatory deductions from wages such as	9096
union dues but not taxes, social security, or retirement in lieu	9097
of social security;	9098

(e) Nonrecurring or unsustainable income or cash flow items;

9099

(f) Adoption assistance and foster care maintenance payments	9100
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.	9101
501, 42 U.S.C.A. 670 (1980), as amended.	9102

(8) "Nonrecurring or unsustainable income or cash flow item"	9103
means an income or cash flow item the parent receives in any year	9104
or for any number of years not to exceed three years that the	9105
parent does not expect to continue to receive on a regular basis.	9106
"Nonrecurring or unsustainable income or cash flow item" does not	9107
include a lottery prize award that is not paid in a lump sum or	9108
any other item of income or cash flow that the parent receives or	9109
expects to receive for each year for a period of more than three	9110
years or that the parent receives and invests or otherwise uses to	9111
produce income or cash flow for a period of more than three years.	9112

(9)(a) "Ordinary and necessary expenses incurred in	9113
generating gross receipts" means actual cash items expended by the	9114
parent or the parent's business and includes depreciation expenses	9115
of business equipment as shown on the books of a business entity.	9116

(b) Except as specifically included in "ordinary and	9117
necessary expenses incurred in generating gross receipts" by	9118
division (C)(9)(a) of this section, "ordinary and necessary	9119
expenses incurred in generating gross receipts" does not include	9120
depreciation expenses and other noncash items that are allowed as	9121
deductions on any federal tax return of the parent or the parent's	9122
business.	9123

(10) "Personal earnings" means compensation paid or payable	9124
for personal services, however denominated, and includes wages,	9125
salary, commissions, bonuses, draws against commissions, profit	9126
sharing, vacation pay, or any other compensation.	9127

(11) "Potential income" means both of the following for a	9128
parent who the court pursuant to a court support order, or a child	9129
support enforcement agency pursuant to an administrative child	9130
support order, determines is voluntarily unemployed or voluntarily	9131
underemployed:	9132

(a) Imputed income that the court or agency determines the	9133
parent would have earned if fully employed as determined from the	9134
following criteria:	9135

(i) The parent's prior employment experience;

9136

(ii) The parent's education;

9137

(iii) The parent's physical and mental disabilities, if any;

9138

(iv) The availability of employment in the geographic area in	9139
which the parent resides;	9140

(v) The prevailing wage and salary levels in the geographic	9141
area in which the parent resides;	9142

(vi) The parent's special skills and training;

9143

(vii) Whether there is evidence that the parent has the	9144
ability to earn the imputed income;	9145

(viii) The age and special needs of the child for whom child	9146
support is being calculated under this section;	9147

(ix) The parent's increased earning capacity because of	9148
experience;	9149

(x) Any other relevant factor.

9150

(b) Imputed income from any nonincome-producing assets of a	9151
parent, as determined from the local passbook savings rate or	9152
another appropriate rate as determined by the court or agency, not	9153
to exceed the rate of interest specified in division (A) of	9154
section 1343.03 of the Revised Code, if the income is significant.	9155

(12) "Schedule" means the basic child support schedule set	9156
forth in section 3119.021 of the Revised Code.	9157

(13) "Self-generated income" means gross receipts received by	9158
a parent from self-employment, proprietorship of a business, joint	9159
ownership of a partnership or closely held corporation, and rents	9160
minus ordinary and necessary expenses incurred by the parent in	9161
generating the gross receipts. "Self-generated income" includes	9162
expense reimbursements or in-kind payments received by a parent	9163
from self-employment, the operation of a business, or rents,	9164
including company cars, free housing, reimbursed meals, and other	9165
benefits, if the reimbursements are significant and reduce	9166
personal living expenses.	9167

(14) "Split parental rights and responsibilities" means a	9168
situation in which there is more than one child who is the subject	9169
of an allocation of parental rights and responsibilities and each	9170
parent is the residential parent and legal custodian of at least	9171
one of those children.	9172

(15) "Worksheet" means the applicable worksheet that is used	9173
to calculate a parent's child support obligation as set forth in	9174
sections 3119.022 and 3119.023 of the Revised Code.	9175

Sec. 3119.02. In any action in which a court child support	9176
order is issued or modified, in any other proceeding in which the	9177
court determines the amount of child support that will be ordered	9178
to be paid pursuant to a child support order, or when a child	9179
support enforcement agency determines the amount of child support	9180
that will be paid pursuant to an administrative child support	9181
order, the court or agency shall calculate the amount of the	9182
obligor's child support obligation in accordance with the basic	9183
child support schedule, the applicable worksheet, and the other	9184
provisions of sections 3119.02 to 3119.24 of the Revised Code.	9185
The court or agency shall specify the support obligation as a	9186
monthly amount due and shall order the support obligation to be	9187
paid in periodic increments as it determines to be in the best	9188
interest of the children. In performing its duties under this	9189
section, the court or agency is not required to accept any	9190
calculations in a worksheet prepared by any party to the action or	9191
proceeding.	9192

Sec. 3119.021. The following basic child support schedule	9193
shall be used by all courts and child support enforcement agencies	9194
when calculating the amount of child support to be paid pursuant	9195
to a child support order, unless the combined gross income of the	9196
parents is less than sixty-six hundred dollars or more than one	9197
hundred fifty thousand dollars:	9198

Basic Child Support Schedule

9199

Combined			9200
Gross	Number of Children		9201

Income	One	Two	Three	Four	Five	Six	9202
6600	600	600	600	600	600	600	9203
7200	600	600	600	600	600	600	9204
7800	600	600	600	600	600	600	9205
8400	600	600	600	600	600	600	9206
9000	849	859	868	878	887	896	9207
9600	1259	1273	1287	1301	1315	1329	9208
10200	1669	1687	1706	1724	1743	1761	9209
10800	2076	2099	2122	2145	2168	2192	9210
11400	2331	2505	2533	2560	2588	2616	9211
12000	2439	2911	2943	2975	3007	3039	9212
12600	2546	3318	3354	3390	3427	3463	9213
13200	2654	3724	3765	3806	3846	3887	9214
13800	2761	4029	4175	4221	4266	4311	9215
14400	2869	4186	4586	4636	4685	4735	9216
15000	2976	4342	4996	5051	5105	5159	9217
15600	3079	4491	5321	5466	5524	5583	9218
16200	3179	4635	5490	5877	5940	6003	9219
16800	3278	4780	5660	6254	6355	6423	9220
17400	3378	4924	5830	6442	6771	6843	9221
18000	3478	5069	5999	6629	7186	7262	9222
18600	3578	5213	6169	6816	7389	7682	9223
19200	3678	5358	6339	7004	7592	8102	9224
19800	3778	5502	6508	7191	7796	8341	9225
20400	3878	5647	6678	7378	7999	8558	9226
21000	3977	5790	6847	7565	8201	8774	9227
21600	4076	5933	7015	7750	8402	8989	9228
22200	4176	6075	7182	7936	8602	9204	9229
22800	4275	6216	7345	8116	8798	9413	9230
23400	4373	6357	7509	8297	8994	9623	9231
24000	4471	6498	7672	8478	9190	9832	9232
24600	4570	6639	7836	8658	9386	10042	9233
25200	4668	6780	8000	8839	9582	10251	9234
25800	4767	6920	8163	9020	9778	10461	9235
26400	4865	7061	8327	9200	9974	10670	9236
27000	4963	7202	8490	9381	10170	10880	9237
27600	5054	7332	8642	9548	10351	11074	9238
28200	5135	7448	8776	9697	10512	11246	9239
28800	5216	7564	8911	9845	10673	11418	9240
29400	5297	7678	9045	9995	10833	11592	9241
30000	5377	7792	9179	10143	10994	11764	9242
30600	5456	7907	9313	10291	11154	11936	9243
31200	5535	8022	9447	10439	11315	12107	9244
31800	5615	8136	9581	10587	11476	12279	9245
32400	5694	8251	9715	10736	11636	12451	9246
33000	5774	8366	9849	10884	11797	12623	9247
33600	5853	8480	9983	11032	11957	12794	9248
34200	5933	8595	10117	11180	12118	12966	9249
34800	6012	8709	10251	11328	12279	13138	9250
35400	6091	8824	10385	11476	12439	13310	9251
36000	6171	8939	10519	11624	12600	13482	9252
36600	6250	9053	10653	11772	12761	13653	9253
37200	6330	9168	10787	11920	12921	13825	9254
37800	6406	9275	10913	12058	13071	13988	9255
38400	6447	9335	10984	12137	13156	14079	9256
39000	6489	9395	11055	12215	13242	14170	9257
39600	6530	9455	11126	12294	13328	14261	9258
40200	6571	9515	11197	12373	13413	14353	9259
40800	6613	9575	11268	12451	13499	14444	9260
41400	6653	9634	11338	12529	13583	14534	9261
42000	6694	9693	11409	12607	13667	14624	9262
42600	6735	9752	11479	12684	13752	14714	9263
43200	6776	9811	11549	12762	13836	14804	9264
43800	6817	9871	11619	12840	13921	14894	9265
44400	6857	9930	11690	12917	14005	14985	9266
45000	6898	9989	11760	12995	14090	15075	9267
45600	6939	10049	11830	13073	14174	15165	9268
46200	6978	10103	11897	13146	14251	15250	9269
46800	7013	10150	11949	13203	14313	15316	9270
47400	7048	10197	12000	13260	14375	15382	9271
48000	7083	10245	12052	13317	14437	15448	9272
48600	7117	10292	12103	13374	14498	15514	9273
49200	7152	10339	12155	13432	14560	15580	9274
49800	7187	10386	12206	13489	14622	15646	9275
50400	7222	10433	12258	13546	14684	15712	9276
51000	7257	10481	12309	13603	14745	15778	9277
51600	7291	10528	12360	13660	14807	15844	9278
52200	7326	10575	12412	13717	14869	15910	9279
52800	7361	10622	12463	13774	14931	15976	9280
53400	7396	10669	12515	13832	14992	16042	9281
54000	7431	10717	12566	13889	15054	16108	9282
54600	7468	10765	12622	13946	15120	16178	9283
55200	7524	10845	12716	14050	15232	16298	9284
55800	7582	10929	12814	14159	15350	16425	9285
56400	7643	11016	12918	14273	15474	16558	9286
57000	7704	11104	13021	14388	15598	16691	9287
57600	7765	11192	13125	14502	15722	16824	9288
58200	7825	11277	13225	14613	15842	16953	9289
58800	7883	11361	13324	14723	15961	17079	9290
59400	7941	11445	13423	14832	16079	17206	9291
60000	8000	11529	13522	14941	16197	17333	9292
60600	8058	11612	13620	15050	16315	17460	9293
61200	8116	11696	13719	15160	16433	17587	9294
61800	8175	11780	13818	15269	16552	17714	9295
62400	8233	11864	13917	15378	16670	17840	9296
63000	8288	11945	14011	15481	16783	17958	9297
63600	8344	12024	14102	15582	16893	18075	9298
64200	8399	12103	14194	15683	17002	18193	9299
64800	8454	12183	14285	15784	17111	18310	9300
65400	8510	12262	14376	15885	17220	18427	9301
66000	8565	12341	14468	15986	17330	18544	9302
66600	8620	12421	14559	16087	17439	18661	9303
67200	8676	12500	14650	16188	17548	18778	9304
67800	8731	12579	14741	16289	17657	18895	9305
68400	8786	12659	14833	16390	17767	19012	9306
69000	8842	12738	14924	16491	17876	19129	9307
69600	8897	12817	15015	16592	17985	19246	9308
70200	8953	12897	15107	16693	18094	19363	9309
70800	9008	12974	15196	16791	18201	19476	9310
71400	9060	13047	15281	16885	18302	19585	9311
72000	9111	13120	15366	16979	18404	19694	9312
72600	9163	13194	15451	17073	18506	19803	9313
73200	9214	13267	15536	17167	18608	19912	9314
73800	9266	13340	15621	17261	18709	20021	9315
74400	9318	13413	15706	17355	18811	20130	9316
75000	9369	13487	15791	17449	18913	20239	9317
75600	9421	13560	15876	17543	19015	20347	9318
76200	9473	13633	15961	17636	19116	20456	9319
76800	9524	13707	16046	17730	19218	20565	9320
77400	9576	13780	16131	17824	19320	20674	9321
78000	9627	13853	16216	17918	19422	20783	9322
78600	9679	13927	16300	18012	19523	20892	9323
79200	9731	14000	16385	18106	19625	21001	9324
79800	9782	14073	16470	18200	19727	21109	9325
80400	9834	14147	16555	18294	19829	21218	9326
81000	9885	14220	16640	18387	19930	21326	9327
81600	9936	14292	16723	18480	20030	21434	9328
82200	9987	14364	16807	18573	20131	21541	9329
82800	10038	14439	16891	18665	20235	21651	9330
83400	10090	14514	16979	18762	20340	21763	9331
84000	10142	14589	17066	18859	20444	21875	9332
84600	10194	14663	17154	18956	20549	21987	9333
85200	10246	14738	17241	19052	20653	22099	9334
85800	10298	14813	17329	19149	20758	22211	9335
86400	10350	14887	17417	19246	20863	22323	9336
87000	10403	14962	17504	19343	20967	22435	9337
87600	10455	15037	17592	19440	21072	22547	9338
88200	10507	15111	17679	19537	21176	22659	9339
88800	10559	15186	17767	19633	21281	22771	9340
89400	10611	15261	17855	19730	21386	22883	9341
90000	10663	15335	17942	19827	21490	22995	9342
90600	10715	15410	18030	19924	21595	23107	9343
91200	10767	15485	18118	20021	21700	23219	9344
91800	10819	15559	18205	20118	21804	23331	9345
92400	10872	15634	18293	20215	21909	23443	9346
93000	10924	15709	18380	20311	22013	23555	9347
93600	10976	15783	18468	20408	22118	23667	9348
94200	11028	15858	18556	20505	22223	23779	9349
94800	11080	15933	18643	20602	22327	23891	9350
95400	11132	16007	18731	20699	22432	24003	9351
96000	11184	16082	18818	20796	22536	24115	9352
96600	11236	16157	18906	20892	22641	24227	9353
97200	11289	16231	18994	20989	22746	24339	9354
97800	11341	16306	19081	21086	22850	24451	9355
98400	11393	16381	19169	21183	22955	24563	9356
99000	11446	16450	19255	21279	23062	24676	9357
99600	11491	16516	19334	21366	23156	24777	9358
100200	11536	16583	19413	21453	23250	24878	9359
100800	11581	16649	19491	21539	23345	24978	9360
101400	11625	16714	19569	21625	23437	25077	9361
102000	11670	16779	19646	21710	23530	25177	9362
102600	11714	16844	19724	21796	23623	25276	9363
103200	11759	16909	19801	21881	23715	25375	9364
103800	11803	16974	19879	21967	23808	25475	9365
104400	11847	17039	19956	22052	23901	25574	9366
105000	11892	17104	20034	22138	23994	25673	9367
105600	11934	17167	20108	22220	24083	25769	9368
106200	11979	17232	20186	22305	24176	25868	9369
106800	12023	17297	20263	22391	24269	25968	9370
107400	12068	17362	20341	22476	24361	26067	9371
108000	12110	17425	20415	22559	24451	26162	9372
108600	12155	17490	20493	22644	24543	26262	9373
109200	12199	17555	20570	22730	24636	26361	9374
109800	12243	17620	20648	22815	24729	26460	9375
110400	12286	17683	20722	22897	24818	26556	9376
111000	12331	17748	20800	22983	24911	26655	9377
111600	12375	17813	20877	23068	25004	26755	9378
112200	12419	17878	20955	23154	25096	26854	9379
112800	12462	17941	21029	23236	25186	26949	9380
113400	12506	18006	21107	23322	25278	27049	9381
114000	12551	18071	21184	23407	25371	27148	9382
114600	12595	18136	21262	23493	25464	27247	9383
115200	12640	18202	21339	23578	25557	27347	9384
115800	12682	18264	21414	23660	25646	27442	9385
116400	12727	18329	21491	23746	25739	27542	9386
117000	12771	18394	21569	23831	25832	27641	9387
117600	12815	18460	21646	23917	25924	27740	9388
118200	12858	18522	21721	23999	26013	27836	9389
118800	12902	18587	21798	24084	26106	27935	9390
119400	12947	18652	21876	24170	26199	28034	9391
120000	12991	18718	21953	24256	26292	28134	9392
120600	13034	18780	22028	24338	26381	28229	9393
121200	13078	18845	22105	24423	26474	28329	9394
121800	13123	18910	22183	24509	26567	28428	9395
122400	13167	18976	22260	24594	26659	28527	9396
123000	13210	19038	22335	24676	26749	28623	9397
123600	13254	19103	22412	24762	26841	28722	9398
124200	13299	19168	22490	24847	26934	28821	9399
124800	13343	19234	22567	24933	27027	28921	9400
125400	13386	19296	22642	25015	27116	29016	9401
126000	13430	19361	22719	25101	27209	29115	9402
126600	13474	19426	22797	25186	27302	29215	9403
127200	13519	19492	22874	25272	27395	29314	9404
127800	13561	19554	22949	25354	27484	29410	9405
128400	13606	19619	23026	25439	27576	29509	9406
129000	13650	19684	23104	25525	27669	29608	9407
129600	13695	19750	23181	25610	27762	29708	9408
130200	13739	19815	23259	25696	27855	29807	9409
130800	13783	19879	23335	25780	27946	29905	9410
131400	13828	19945	23414	25868	28041	30007	9411
132000	13874	20012	23494	25955	28136	30108	9412
132600	13919	20079	23573	26043	28231	30210	9413
133200	13963	20143	23649	26127	28323	30308	9414
133800	14008	20210	23729	26215	28418	30410	9415
134400	14054	20276	23808	26302	28513	30511	9416
135000	14099	20343	23887	26390	28608	30613	9417
135600	14143	20407	23964	26474	28699	30711	9418
136200	14188	20474	24043	26561	28794	30813	9419
136800	14234	20541	24123	26649	28889	30914	9420
137400	14279	20607	24202	26737	28984	31016	9421
138000	14323	20671	24278	26821	29075	31114	9422
138600	14368	20738	24358	26908	29170	31215	9423
139200	14414	20805	24437	26996	29265	31317	9424
139800	14459	20872	24516	27083	29361	31419	9425
140400	14503	20936	24593	27168	29452	31517	9426
141000	14549	21002	24672	27255	29547	31618	9427
141600	14594	21069	24751	27343	29642	31720	9428
142200	14639	21136	24831	27430	29737	31822	9429
142800	14683	21200	24907	27515	29828	31920	9430
143400	14729	21267	24986	27602	29923	32021	9431
144000	14774	21333	25066	27690	30018	32123	9432
144600	14820	21400	25145	27777	30113	32225	9433
145200	14865	21467	25225	27865	30208	32327	9434
145800	14909	21531	25301	27949	30300	32424	9435
146400	14963	21596	25377	28041	30396	32526	9436
147000	15006	21659	25452	28124	30486	32622	9437
147600	15049	21722	25527	28207	30576	32718	9438
148200	15090	21782	25599	28286	30662	32810	9439
148800	15133	21845	25674	28369	30752	32907	9440
149400	15176	21908	25749	28452	30842	33003	9441
150000	15218	21971	25823	28534	30931	33099	9442

Sec. 3119.022. When a court or child support enforcement	9444
agency calculates the amount of child support to be paid pursuant	9445
to a child support order in a proceeding in which one parent is	9446
the residential parent and legal custodian of all of the children	9447
who are the subject of the child support order or in which the	9448
court issues a shared parenting order, the court or agency shall	9449
use a worksheet identical in content and form to the following:	9450

CHILD SUPPORT COMPUTATION WORKSHEET SOLE RESIDENTIAL PARENT OR	9451
SHARED PARENTING ORDER	9452

Name of parties Case No.

9453

Number of minor children

9454

The following parent was designated as residential parent and	9455
legal custodian: ...... mother ...... father ...... shared	9456

	Column I		Column II		Column III		9457
	Father		Mother		Combined		9458

INCOME

9459

1.a. Annual gross income from employment or, when determined appropriate by the court or agency, average annual gross income from employment over a reasonable period of years. (Exclude overtime, bonuses, self-employment income, or commissions)	$......		$......				9460
b. Amount of overtime, bonuses, and commissions (year 1 representing the most recent year)							9461

Father	Mother	9462
Yr. 3 $	Yr. 3 $	9463
(Three years ago)	(Three years ago)	9464
Yr. 2 $	Yr. 2 $	9465
(Two years ago)	(Two years ago)	9466
Yr. 1 $	Yr. 1 $	9467
(Last calendar year)	(Last calendar year)	9468
Average $	$	9469

(Include in Col. I and/or Col. II the average of the three years or the year 1 amount, whichever is less, if there exists a reasonable expectation that the total earnings from overtime and/or bonuses during the current calendar year will meet or exceed the amount that is the lower of the average of the three years or the year 1 amount. If, however, there exists a reasonable expectation that the total earnings from overtime/bonuses during the current calendar year will be less than the lower of the average of the 3 years or the year 1 amount, include only the amount reasonably expected to be earned this year.)

$......

9470

2. For self-employment income:

9471

a. Gross receipts from business	$......	$......	9472
b. Ordinary and necessary business expenses	$......	$......	9473
c. 5.6% of adjusted gross income or the actual marginal difference between the actual rate paid by the self-employed individual and the F.I.C.A. rate	$......	$......	9474
d. Adjusted gross income from self-employment (subtract the sum of 2b and 2c from 2a)	$......	$......	9475
3. Annual income from interest and dividends (whether or not taxable)	$......	$......	9476
4. Annual income from unemployment compensation	$......	$......	9477
5. Annual income from workers' compensation, disability insurance benefits, or social security disability/retirement benefits	$......	$......	9478
6. Other annual income (identify)	$......	$......	9479
7. Total annual gross income (add lines 1a, 1b, 2d, and 3-6)	$......	$......	9480

Adjustments to income

9481

8. Adjustment for minor children born to or adopted by either parent and another parent who are living with this parent; adjustment does not apply to stepchildren (number of children times federal income tax exemption less child support received, not to exceed the federal tax exemption)	$......	$......		9482
9. Annual court-ordered support paid for other children	$......	$......		9483
10. Annual court-ordered spousal support paid to any spouse or former spouse	$......	$......		9484
11. Amount of local income taxes actually paid or estimated to be paid	$......	$......		9485
12. Mandatory work-related deductions such as union dues, uniform fees, etc. (not including taxes, social security, or retirement)	$......	$......		9486
13. Total gross income adjustments (add lines 8 through 12)	$......	$......		9487
14. Adjusted annual gross income (subtract line 13 from line 7)	$......	$......		9488
15. Combined annual income that is basis for child support order (add line 14, Col. I and Col. II)			$	9489
16. Percentage of parent's income to total income				9490
a. Father (divide line 14, Col. I, by line 15, Col. III)%				9491
b. Mother (divide line 14, Col. II, by line 15, Col. III)%				9492
17. Basic combined child support obligation (refer to schedule, first column, locate the amount nearest to the amount on line 15, Col. III, then refer to column for number of children in this family. If the income of the parents is more than one sum but less than another, you may calculate the difference.)			$......	9493

18. Annual support obligation per parent

9494

a. Father (multiply line 17, Col. III, by line 16a)	$......		9495
b. Mother (multiply line 17, Col. III, by line 16b)		$......	9496
19. Annual child care expenses for children who are the subject of this order that are work-, employment training-, or education-related, as approved by the court or agency (deduct tax credit from annual cost, whether or not claimed)	$......	$......	9497
20. Marginal, out-of-pocket costs, necessary to provide for health insurance for the children who are the subject of this order	$......	$......	9498

21. Adjustments to child support

9499

Father (only if obligor or shared parenting)

Mother (only if obligor or shared parenting)

9500 a. Additions: line 16a times sum of amounts shown on line 19, Col. II and line 20, Col. II          $...... b. Additions: line 16b times sum of amounts shown on line 19, Col. I and line 20, Col. I          $...... 9501 c. Subtractions: line 16b times sum of amounts shown on line 19, Col. I and line 20, Col. I          $...... d. Subtractions: line 16a times sum of amounts shown on line 19, Col. II and line 20, Col. II          $...... 9502

22. Obligation after adjustments to child support:

9503

a. Father: line 18a plus line 21a minus line 21c (if the amount on line 21c is greater than or equal to the amount on line 21a or if 21a and 21c are not applicable--enter the number on line 18a in Col. I)	$......						9504
b. Mother: line 18b plus line 21b minus line 21d (if the amount on line 21d is greater than or equal to the amount on line 21b or if 21b and 21d are not applicable--enter the number on line 18b in Col. II)			$......				9505

23. Actual Annual Obligation:

9506

a. (line 22a or, whichever line corresponds to the parent who is the obligor)	$......	9507
b. Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child or a person on behalf of the child due to death, disability, or retirement of the parent	$......	9508
c. Actual annual obligation (subtract line 23b from line 23a)	$......	9509

24. a . Deviation from sole residential parent support amount shown	9510
on line 23 c if amount would be unjust or inappropriate: (see	9511
section 3119.23 of the Revised Code.) (Specific facts and	9512
monetary value must be stated.)	9513

b . Deviation from shared parenting order: (see sections 3119.23	9518
and 3119.24 of the Revised Code.) (specific facts including	9519
amount of time children spend with each parent, ability of	9520
each parent to maintain adequate housing for children, and	9521
each parent's expenses for children must be stated to justify	9522
deviation.)	9523

25. FINAL FIGURE (this amount reflects final annual child support obligation; line 23c plus or minus any amounts indicated in line 24a or 24b)	$......		Father/Mother, OBLIGOR				9528
26. FOR DECREE: Child support per month (divide obligor's annual share, line 25, by 12) plus any processing charge	$......						9529

Prepared by:

9530

Counsel:

Pro se:

9531

(For mother/father)

9532 CSEA: Other: 9533

Worksheet Has Been Reviewed and Agreed To:

9534

.......................................

9535

Mother Date

9536

.......................................

9537

Father Date

9538

Sec. 3119.023. When a court or child support enforcement	9539
agency calculates the amount of child support to be paid pursuant	9540
to a court child support order in a proceeding in which the	9541
parents have split parental rights and responsibilities with	9542
respect to the children who are the subject of the child support	9543
order, the court or child support enforcement agency shall use a	9544
worksheet that is identical in content and form to the following:	9545

CHILD SUPPORT COMPUTATION WORKSHEET SPLIT PARENTAL RIGHTS AND	9546
RESPONSIBILITIES	9547

Name of parties

9548

Case No.

9549

Number of minor children

9550

Number of minor children with mother .......... father ..........

9551

	Column I		Column II		Column III		9552
	Father		Mother		Combined		9553

INCOME

9554

1.a. Annual gross income from employment or, when determined appropriate by the court or agency, average annual gross income from employment over a reasonable period of years. (Exclude overtime, bonuses, self-employment income, or commissions)	$......		$......				9555
b. Amount of overtime, bonuses, and commissions (year 1 representing the most recent year)							9556

Father	Mother	9557
Yr. 3 $	Yr. 3 $	9558
(Three years ago)	(Three years ago)	9559
Yr. 2 $	Yr. 2 $	9560
(Two years ago)	(Two years ago)	9561
Yr. 1 $	Yr. 1 $	9562
(Last calendar year)	(Last calendar year)	9563
Average $	$	9564

$......

9565

2. FOR SELF-EMPLOYMENT INCOME

9566

a. Gross receipts from business	$......	$......	9567
b. Ordinary and necessary business expenses	$......	$......	9568
c. 5.6% of adjusted gross income or the actual marginal difference between the actual rate paid by the self-employed individual and the F.I.C.A. rate	$......	$......	9569
d. Adjusted gross income from self-employment (subtract the sum of 2b and 2c from 2a)	$......	$......	9570
3. Annual income from interest and dividends (whether or not taxable)	$......	$......	9571
4. Annual income from unemployment compensation	$......	$......	9572
5. Annual income from workers' compensation, disability insurance benefits or social security disability/retirement benefits	$......	$......	9573
6. Other annual income (identify)	$......	$......	9574
7. Total annual gross income (add lines 1a, 1b, 2d, and 3-6)	$......	$......	9575

ADJUSTMENTS TO INCOME

9576

8. Adjustment for minor children born to or adopted by either parent and another parent who are living with this parent; adjustment does not apply to stepchildren (number of children times federal income tax exemption less child support received, not to exceed the federal tax exemption)	$......	$......		9577
9. Annual court-ordered support paid for other children	$......	$......		9578
10. Annual court-ordered spousal support paid to any spouse or former spouse	$......	$......		9579
11. Amount of local income taxes actually paid or estimated to be paid	$......	$......		9580
12. Mandatory work-related deductions such as union dues, uniform fees, etc. (not including taxes, social security, or retirement)	$......	$......		9581
13. Total gross income adjustments (add lines 8 through 12)	$......	$......		9582
14. Adjusted annual gross income (subtract line 13 from 7)	$......	$......		9583
15. Combined annual income that is basis for child support order (add line 14, Col. I and Col. II)			$	9584
16. Percentage of parent's income to total income				9585
a. Father (divide line 14, Col. I, by line 15, Col. III) %				9586
b. Mother (divide line 14, Col. II, by line 15, Col. III)%				9587
17. Basic combined child support obligation (refer to schedule, first column, locate the amount nearest to the amount on line 15, Col. III, then refer to column for number of children with this parent. If the income of the parents is more than one sum but less than another, you may calculate the difference)				9588

For children	For children	9589
for whom the	for whom the	9590
mother is the	father is the	9591
residential	residential	9592
parent and	parent and	9593
legal custodian	legal custodian	9594
$	$	9595

18. Annual support obligation per parent

9596

a. Of father for children for whom mother is the residential parent and legal custodian (multiply line 17, Col. I, by line 16a)	$......		9597
b. Of mother for children for whom the father is the residential parent and legal custodian (multiply line 17, Col. II, by line 16b)		$......	9598
19. Annual child care expenses for children who are the subject of this order that are work-, employment training-, or education-related, as approved by the court or agency (deduct tax credit from annual cost whether or not claimed)	Paid by father $......	Paid by mother $......	9599
20. Marginal, out-of-pocket costs, necessary to provide for health insurance for the children who are the subject of this order	Paid by father $......	Paid by mother $......	9600

21. ADJUSTMENTS TO CHILD SUPPORT

9601

Father

Mother

9602 a. Additions: line 16a times sum of amounts shown on line 19, Col. II and line 20, Col. II          $...... b. Additions: line 16b times sum of amounts shown on line 19, Col. I and line 20, Col. I          $...... 9603 c. Subtractions: line 16b times sum of amounts shown on line 19, Col. I and line 20, Col. I          $...... d. Subtractions: line 16a times sum of amounts shown on line 19, Col. II and line 20, Col. II          $...... 9604

22. Actual annual obligation:

9605

a. Father: Line 18a plus line 21a minus line 21c (if the amount on line 21c is greater than or equal to the amount on line 21a-- enter the number on line 18a in Col. I)	$......		9606
b. Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by children for whom the mother is the residential parent and legal custodian or a person on behalf of those children due to death, disability, or retirement of the father	$......		9607
c. Actual annual obligation of father (subtract line 22b from line 22a)	$......		9608
d. Mother: line 18b plus line 21b minus line 21d (if the amount on line 21d is greater than or equal to the amount on line 21b--enter the number on line 18b in Col. II)		$......	9609
e. Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by children for whom the father is the residential parent and legal custodian or a person on behalf of those children due to death, disability, or retirement of the mother		$......	9610
f. Actual annual obligation of mother (subtract line 22e from line 22d)		$......	9611
g. Actual annual obligation payable (subtract lesser actual annual obligation from greater actual annual obligation using amounts in lines 22c and 22f to determine net child support payable)	$......	$......	9612

23. Deviation from split residential parent guideline amount shown	9613
on line 22 c or 22 f if amount would be unjust or	9614
inappropriate: (see section 3119.23 of the Revised Code.)	9615
(specific facts and monetary value must be stated.)	9616

24. FINAL FIGURE (This amount reflects final annual child support obligation; line 22g plus or minus any amounts indicated in line 23.)	$......		Father/Mother, OBLIGOR				9621
25. FOR DECREE: Child support per month (divide obligor's annual share, line 24, by 12) plus any processing charge	$......						9622

Prepared by:

9623

Counsel:

Pro se:

9624

(For mother/father)

9625 CSEA: Other: 9626

Worksheet Has Been Reviewed and Agreed To:

9627

.......................................

9628

Mother Date

9629

.......................................

9630

Father Date

9631

Sec. 3119.024. At least once every four years, the	9632
department of job and family services shall review the basic child	9633
support schedule set forth in section 3119.021 of the Revised Code	9634
to determine whether child support orders issued in accordance	9635
with the schedule and worksheets adequately provide for the needs	9636
of the children who are subject to the child support orders,	9637
prepare a report of its review, and submit a copy of the report to	9638
both houses of the general assembly.	9639

For each review, the department shall establish a child	9640
support guideline advisory council to assist the department in the	9641
completion of its reviews and reports. Each council shall be	9642
composed of obligors; obligees; judges of courts of common pleas	9643
who have jurisdiction over domestic relations cases; attorneys	9644
whose practice includes a significant number of domestic relations	9645
cases; representatives of child support enforcement agencies;	9646
other persons interested in the welfare of children; three members	9647
of the senate appointed by the president of the senate, no more	9648
than two of whom are members of the same party; and three members	9649
of the house of representatives appointed by the speaker of the	9650
house, no more than two of whom are members of the same party.	9651

The department shall consider input from the council prior to	9652
the completion of any report under this section.	9653

The advisory council shall cease to exist at the time that it	9654
submits its report to the general assembly.	9655

Any expenses incurred by an advisory council shall be paid by	9656
the department.	9657

On or before the first day of March of every fourth year	9658
after 1993, the department shall submit a report under this	9659
division to both houses of the general assembly.	9660

Sec. 3119.03. In any action or proceeding in which the court	9661
determines the amount of child support that will be ordered to be	9662
paid pursuant to a child support order or at any time a child	9663
support enforcement agency determines the amount of child support	9664
that will be paid pursuant to an administrative child support	9665
order, the amount of child support that would be payable under a	9666
child support order, as calculated pursuant to the basic child	9667
support schedule and applicable worksheet through the line	9668
establishing the actual annual obligation, is rebuttably presumed	9669
to be the correct amount of child support due.	9670

Sec. 3119.04. (A) IF THE COMBINED GROSS INCOME OF BOTH	9671
PARENTS IS LESS THAN SIX THOUSAND SIX HUNDRED DOLLARS PER YEAR,	9672
THE COURT OR child support enforcement AGENCY SHALL DETERMINE THE	9673
AMOUNT OF THE OBLIGOR'S CHILD SUPPORT OBLIGATION ON A CASE-BY-CASE	9674
BASIS USING THE SCHEDULE AS A GUIDELINE. THE COURT OR AGENCY	9675
SHALL REVIEW THE OBLIGOR'S GROSS INCOME AND LIVING EXPENSES TO	9676
DETERMINE THE MAXIMUM AMOUNT OF CHILD SUPPORT THAT IT REASONABLY	9677
CAN ORDER WITHOUT DENYING THE OBLIGOR THE MEANS FOR SELF-SUPPORT	9678
AT A MINIMUM SUBSISTENCE LEVEL AND SHALL ORDER A SPECIFIC AMOUNT	9679
OF CHILD SUPPORT, UNLESS THE OBLIGOR PROVES TO THE COURT OR AGENCY	9680
THAT THE OBLIGOR IS TOTALLY UNABLE TO PAY CHILD SUPPORT, AND THE	9681
COURT OR AGENCY DETERMINES THAT IT WOULD BE UNJUST OR	9682
INAPPROPRIATE TO ORDER THE PAYMENT OF CHILD SUPPORT AND ENTERS ITS	9683
DETERMINATION AND SUPPORTING FINDINGS OF FACT IN THE JOURNAL.	9684

(B) If the combined gross income of both parents is greater	9685
than one hundred fifty thousand dollars per year, the court, with	9686
respect to a court child support order, or the child support	9687
enforcement agency, with respect to an administrative child	9688
support order, shall determine the amount of the obligor's child	9689
support obligation on a case-by-case basis and shall consider the	9690
needs and the standard of living of the children who are the	9691
subject of the child support order and of the parents. The court	9692
or agency shall compute a basic combined child support obligation	9693
that is no less than the obligation that would have been computed	9694
under the basic child support schedule and applicable worksheet	9695
for a combined gross income of one hundred fifty thousand dollars,	9696
unless the court or agency determines that it would be unjust or	9697
inappropriate and would not be in the best interest of the child,	9698
obligor, or obligee to order that amount. If the court or agency	9699
makes such a determination, it shall enter in the journal the	9700
figure, determination, and findings.	9701

Sec. 3119.05. When a court computes the amount of child	9702
support required to be paid under a court child support order or a	9703
child support enforcement agency computes the amount of child	9704
support to be paid pursuant to an administrative child support	9705
order, all of the following apply:	9706

(A) The parents' current and past income and personal	9707
earnings shall be verified by electronic means or with suitable	9708
documents, including, but not limited to, paystubs, employer	9709
statements, receipts and expense vouchers related to	9710
self-generated income, tax returns, and all supporting	9711
documentation and schedules for the tax returns.	9712

(B) The amount of any pre-existing child support obligation	9713
of a parent under a child support order and the amount of any	9714
court-ordered spousal support actually paid shall be deducted from	9715
the gross income of that parent to the extent that payment under	9716
the child support order or that payment of the court-ordered	9717
spousal support is verified by supporting documentation.	9718

(C) If other minor children who were born to the parent and a	9719
person other than the other parent who is involved in the	9720
immediate child support determination live with the parent, the	9721
court or agency shall deduct an amount from that parent's gross	9722
income that equals the number of such minor children times the	9723
federal income tax exemption for such children less child support	9724
received for them for the year, not exceeding the federal income	9725
tax exemption.	9726

(D) When the court or agency calculates the gross income of a	9727
parent, it shall include the lesser of the following as income	9728
from overtime and bonuses:	9729

(1) The yearly average of all overtime, commissions, and	9730
bonuses received during the three years immediately prior to the	9731
time when the person's child support obligation is being computed;	9732

(2) The total overtime, commissions, and bonuses received	9733
during the year immediately prior to the time when the person's	9734
child support obligation is being computed.	9735

(E) When the court or agency calculates the gross income of a	9736
parent, it shall not include any income earned by the spouse of	9737
that parent.	9738

(F) The court shall not order an amount of child support for	9739
reasonable and ordinary uninsured medical or dental expenses in	9740
addition to the amount of the child support obligation determined	9741
in accordance with the schedule. The court shall issue a separate	9742
order for extraordinary medical or dental expenses, including, but	9743
not limited to, orthodontia, psychological, appropriate private	9744
education, and other expenses, and may consider the expenses in	9745
adjusting a child support order.	9746

(G) When a court or agency calculates the amount of child	9747
support to be paid pursuant to a court child support order or an	9748
administrative child support order, if the combined gross income	9749
of both parents is an amount that is between two amounts set forth	9750
in the first column of the schedule, the court or agency may use	9751
the basic child support obligation that corresponds to the higher	9752
of the two amounts in the first column of the schedule, use the	9753
basic child support obligation that corresponds to the lower of	9754
the two amounts in the first column of the schedule, or calculate	9755
a basic child support obligation that is between those two amounts	9756
and corresponds proportionally to the parents' actual combined	9757
gross income.	9758

(H) When the court or agency calculates gross income, the	9759
court or agency, when appropriate, may average income over a	9760
reasonable period of years.	9761

(I) A court or agency shall not determine a parent receiving	9762
means-tested public assistance benefits to be voluntarily	9763
unemployed or underemployed and shall not impute income to that	9764
parent, unless not making such determination and not imputing	9765
income would be unjust, inappropriate, and not in the best	9766
interest of the child.	9767

(J) When a court or agency requires a parent to pay an amount	9768
for that parent's failure to support a child for a period of time	9769
prior to the date the court modifies or issues a court child	9770
support order or an agency modifies or issues an administrative	9771
child support order for the current support of the child, the	9772
court or agency shall calculate that amount using the basic child	9773
support schedule, worksheets, and child support laws in effect,	9774
and the incomes of the parents as they existed, for that prior	9775
period of time.	9776

Sec. 3119.06. Except as otherwise provided in this section,	9777
in any action in which a court issues or modifies a child support	9778
order or in any other proceeding in which a court determines the	9779
amount of child support to be paid pursuant to a child support	9780
order, the court shall issue a minimum child support order	9781
requiring the obligor to pay a minimum of fifty dollars a month.	9782
The court, in its discretion and in appropriate circumstances, may	9783
issue a minimum child support order requiring the obligor to pay	9784
less than fifty dollars a month or not requiring the obligor to	9785
pay an amount for support. The circumstances under which a court	9786
may issue such an order include the nonresidential parent's	9787
medically verified or documented physical or mental disability or	9788
institutionalization in a facility for persons with a mental	9789
illness or any other circumstances considered appropriate by the	9790
court.	9791

If a court issues a minimum child support order pursuant to	9792
this section and the obligor under the support order is the	9793
recipient of need-based public assistance, any unpaid amounts of	9794
support due under the support order shall accrue as arrearages	9795
from month to month, and the obligor's current obligation to pay	9796
the support due under the support order is suspended during any	9797
period of time that the obligor is receiving need-based public	9798
assistance and is complying with any seek work orders issued	9799
pursuant to section 3121.03 of the Revised Code. The court,	9800
obligee, and child support enforcement agency shall not enforce	9801
the obligation of the obligor to pay the amount of support due	9802
under the support order while the obligor is receiving need-based	9803
public assistance and is complying with any seek work orders	9804
issued pursuant to section 3121.03 of the Revised Code.	9805

Sec. 3119.07. (A) Except when the parents have split	9806
parental rights and responsibilities, a parent's child support	9807
obligation for a child for whom the parent is the residential	9808
parent and legal custodian shall be presumed to be spent on that	9809
child and shall not become part of a child support order, and a	9810
parent's child support obligation for a child for whom the parent	9811
is not the residential parent and legal custodian shall become	9812
part of a child support order.	9813

(B) If the parents have split parental rights and	9814
responsibilities, the child support obligations of the parents	9815
shall be offset, and the court shall issue a child support order	9816
requiring the parent with the larger child support obligation to	9817
pay the net amount pursuant to the child support order.	9818

(C) If neither parent of a child who is the subject of a	9819
child support order is the residential parent and legal custodian	9820
of the child and the child resides with a third party who is the	9821
legal custodian of the child, the court shall issue a child	9822
support order requiring each parent to pay that parent's child	9823
support obligation pursuant to the child support order.	9824

Sec. 3119.08. Whenever a court issues a child support order,	9825
it shall include in the order specific provisions for regular,	9826
holiday, vacation, parenting time, and special visitation in	9827
accordance with section 3109.051, 3109.11, or 3109.12 of the	9828
Revised Code or in accordance with any other applicable section of	9829
the Revised Code.	9830

Sec. 3119.09. The court shall not authorize or permit the	9831
escrowing, impoundment, or withholding of any child support	9832
payment because of a denial of or interference with a right of	9833
parenting time or visitation included as a specific provision of	9834
the child support order or as a method of enforcing the specific	9835
provisions of the child support order dealing with parenting time	9836
or visitation.	9837

Sec. 3119.22. The court may order an amount of child support	9838
that deviates from the amount of child support that would	9839
otherwise result from the use of the basic child support schedule	9840
and the applicable worksheet, through the line establishing the	9841
actual annual obligation, if, after considering the factors and	9842
criteria set forth in section 3119.23 of the Revised Code, the	9843
court determines that the amount calculated pursuant to the basic	9844
child support schedule and the applicable worksheet, through the	9845
line establishing the actual annual obligation, would be unjust or	9846
inappropriate and would not be in the best interest of the child.	9847

If it deviates, the court must enter in the journal the	9848
amount of child support calculated pursuant to the basic child	9849
support schedule and the applicable worksheet, through the line	9850
establishing the actual annual obligation, its determination that	9851
that amount would be unjust or inappropriate and would not be in	9852
the best interest of the child, and findings of fact supporting	9853
that determination.	9854

Sec. 3119.23. The court may consider any of the following	9855
factors in determining whether to grant a deviation pursuant to	9856
section 3119.22 of the Revised Code:	9857

(A) Special and unusual needs of the children;

9858

(B) Extraordinary obligations for minor children or	9859
obligations for handicapped children who are not stepchildren and	9860
who are not offspring from the marriage or relationship that is	9861
the basis of the immediate child support determination;	9862

9863

(D) Extended parenting time or extraordinary costs associated	9864
with parenting time, provided that this division does not	9865
authorize and shall not be construed as authorizing any deviation	9866
from the schedule and the applicable worksheet, through the line	9867
establishing the actual annual obligation, or any escrowing,	9868
impoundment, or withholding of child support because of a denial	9869
of or interference with a right of parenting time granted by court	9870
order;	9871

(E) The obligor obtaining additional employment after a child	9872
support order is issued in order to support a second family;	9873

(F) The financial resources and the earning ability of the	9874
child;	9875

(G) Disparity in income between parties or households;

9876

(H) Benefits that either parent receives from remarriage or	9877
sharing living expenses with another person;	9878

(I) The amount of federal, state, and local taxes actually	9879
paid or estimated to be paid by a parent or both of the parents;	9880

(J) Significant in-kind contributions from a parent,	9881
including, but not limited to, direct payment for lessons, sports	9882
equipment, schooling, or clothing;	9883

(K) The relative financial resources, other assets and	9884
resources, and needs of each parent;	9885

(L) The standard of living and circumstances of each parent	9886
and the standard of living the child would have enjoyed had the	9887
marriage continued or had the parents been married;	9888

(M) The physical and emotional condition and needs of the	9889
child;	9890

(N) The need and capacity of the child for an education and	9891
the educational opportunities that would have been available to	9892
the child had the circumstances requiring a court order for	9893
support not arisen;	9894

(O) The responsibility of each parent for the support of	9895
others;	9896

(P) Any other relevant factor.

9897

The court may accept an agreement of the parents that assigns	9898
a monetary value to any of the factors and criteria listed in this	9899
section that are applicable to their situation.	9900

If the court grants a deviation based on division (P) of this	9901
section, it shall specifically state in the order the facts that	9902
are the basis for the deviation.	9903

Sec. 3119.24. (A)(1) A court that issues a shared parenting	9904
order in accordance with section 3109.04 of the Revised Code shall	9905
order an amount of child support to be paid under the child	9906
support order that is calculated in accordance with the schedule	9907
and with the worksheet set forth in section 3119.022 of the	9908
Revised Code, through the line establishing the actual annual	9909
obligation, except that, if that amount would be unjust or	9910
inappropriate to the children or either parent and would not be in	9911
the best interest of the child because of the extraordinary	9912
circumstances of the parents or because of any other factors or	9913
criteria set forth in section 3119.23 of the Revised Code, the	9914
court may deviate from that amount.	9915

(2) The court shall consider extraordinary circumstances and	9916
other factors or criteria if it deviates from the amount described	9917
in division (A)(1) of this section and shall enter in the journal	9918
the amount described in division (A)(1) of this section its	9919
determination that the amount would be unjust or inappropriate and	9920
would not be in the best interest of the child, and findings of	9921
fact supporting its determination.	9922

(B) For the purposes of this section, "extraordinary	9923
circumstances of the parents" includes all of the following:	9924

(1) The amount of time the children spend with each parent;

9925

(2) The ability of each parent to maintain adequate housing	9926
for the children;	9927

(3) Each parent's expenses, including child care expenses,	9928
school tuition, medical expenses, dental expenses, and any other	9929
expenses the court considers relevant;	9930

(4) Any other circumstances the court considers relevant.

9931

Sec. 3119.27. A court that issues or modifies a court	9932
support order, or an administrative agency that issues or modifies	9933
an administrative child support order, shall impose on the obligor	9934
under the support order a processing charge that is the greater of	9935
two per cent of the support payment to be collected under a	9936
support order or one dollar per month. No court or agency may	9937
call the charge a poundage fee.	9938

Sec. 3119.28. (A) As used in this section, "current support	9939
payment" means the amount of support due an obligee that an	9940
obligor is required to pay in a particular payment for the current	9941
month as specified in a support order. "Current support payment"	9942
does not include payments on arrearages under the support order.	9943

(B) The obligor shall pay the amount imposed pursuant to	9944
section 3119.27 of the Revised Code with every current support	9945
payment, and with every payment on arrearages.	9946

Sec. 3119.30. In any action or proceeding in which a child	9947
support order is issued or modified, the court, with respect to	9948
court child support orders, and the child support enforcement	9949
agency, with respect to administrative child support orders, shall	9950
determine the parent responsible for the health care of the	9951
children subject to the child support order and shall include in	9952
the order one of the following:	9953

(A) A requirement that the obligor under the child support	9954
order obtain health insurance coverage for the children if	9955
coverage is available at a reasonable cost through a group policy,	9956
contract, or plan offered by the obligor's employer or through any	9957
other group policy, contract, or plan available to the obligor and	9958
is not available for a more reasonable cost through a group	9959
policy, contract, or plan available to the obligee;	9960

(B) A requirement that the obligee obtain health insurance	9961
coverage for the children if coverage is available through a group	9962
policy, contract, or plan offered by the obligee's employer or	9963
through any other group policy, contract, or plan available to the	9964
obligee and is available at a more reasonable cost than coverage	9965
is available to the obligor;	9966

(C) If health insurance coverage for the children is not	9967
available at a reasonable cost through a group policy, contract,	9968
or plan offered by the obligor's or obligee's employer or through	9969
any other group policy, contract, or plan available to the obligor	9970
or the obligee, a requirement that the obligor and the obligee	9971
share liability for the cost of the medical and health care needs	9972
of the children, under an equitable formula established by the	9973
court, and a requirement that if, after the issuance of the order,	9974
health insurance coverage for the children becomes available at a	9975
reasonable cost through a group policy, contract, or plan offered	9976
by the obligor's or obligee's employer or through any other group	9977
policy, contract, or plan available to the obligor or obligee, the	9978
obligor or obligee to whom the coverage becomes available	9979
immediately inform the court;	9980

(D) A requirement that both the obligor and the obligee	9981
obtain health insurance coverage for the children if coverage is	9982
available for the children at a reasonable cost to both the	9983
obligor and the obligee and dual coverage by both parents would	9984
provide for coordination of medical benefits without unnecessary	9985
duplication of coverage.	9986

Sec. 3119.301. An order issued pursuant to former section	9987
3111.241 or 3113.217 of the Revised Code as those sections existed	9988
prior to January 1, 1998, that was not terminated on or after that	9989
date, and that provides for the health care needs of children	9990
subject to a child support order shall be considered to be a	9991
requirement included as part of the child support order. The	9992
child support order shall be considered to have been issued in	9993
accordance with former section 3111.241 or 3113.217 of the Revised	9994
Code as those sections existed on and after January 1, 1998, and	9995
prior to the effective date of this section. A child support	9996
order issued in accordance with, or any notice issued under,	9997
former section 3111.241 or 3113.217 of the Revised Code as those	9998
sections existed prior to the effective date of this section that	9999
was not terminated on or after that date shall be subject to	10000
sections 3119.30 to 3119.58 of the Revised Code on and after that	10001
date.	10002

Sec. 3119.31. A child support order shall contain all of the	10003
following:	10004

(A) If the obligor, or both the obligor and obligee, are	10005
required under section 3119.30 of the Revised Code to provide	10006
health insurance coverage for the children, a requirement that	10007
whoever is required to obtain the health insurance coverage do all	10008
of the following:	10009

(1) Provide the other with information regarding the	10010
benefits, limitations, and exclusions of the coverage, copies of	10011
any insurance forms necessary to receive reimbursement, payment,	10012
or other benefits under the coverage, and a copy of any necessary	10013
insurance cards;	10014

(2) Submit a copy of the child support order issued pursuant	10015
to section 3119.30 of the Revised Code to the insurer at the time	10016
of making application to enroll the children under the health	10017
insurance policy, contract, or plan;	10018

(3) Furnish written proof to the child support enforcement	10019
agency of compliance with this division.	10020

(B) A list of the group health insurance policies, contracts,	10021
and plans that the court, with respect to a court child support	10022
order, or the child support enforcement agency, with respect to an	10023
administrative child support order, determines are available at a	10024
reasonable cost to the obligor or to the obligee and the name of	10025
the insurer that issues each policy, contract, or plan;	10026

(C) A statement setting forth the name, address, and	10027
telephone number of the individual who is to be reimbursed for	10028
out-of-pocket medical, optical, hospital, dental, or prescription	10029
expenses paid for each child and a statement that the insurer that	10030
provides the health insurance coverage for the children may	10031
continue making payment for medical, optical, hospital, dental, or	10032
prescription services directly to any health care provider in	10033
accordance with the applicable health insurance policy, contract,	10034
or plan;	10035

(D) A requirement that the obligor and the obligee designate	10036
the children as covered dependents under any health insurance	10037
policy, contract, or plan for which they contract;	10038

(E) A requirement that the obligor, the obligee, or both of	10039
them under a formula established by the court, with respect to a	10040
court child support order, or the child support enforcement	10041
agency, with respect to an administrative child support order, pay	10042
co-payment or deductible costs required under the health insurance	10043
policy, contract, or plan that covers the children;	10044

(F) A notice that the employer of the obligor or obligee	10045
required to obtain health insurance coverage is required to	10046
release to the other parent or the child support enforcement	10047
agency on written request any necessary information on the health	10048
insurance coverage, including the name and address of the insurer	10049
and any policy, contract, or plan number, and to otherwise comply	10050
with this section and any order or notice issued under this	10051
section;	10052

(G) A statement setting forth the full name and date of birth	10053
of each child who is the subject of the child support order;	10054

(H) A requirement that the obligor and the obligee comply	10055
with any requirement described in section 3119.30 of the Revised	10056
Code and divisions (A) and (D) of this section that is contained	10057
in an order issued in compliance with this section no later than	10058
thirty days after the issuance of the order;	10059

(I) A notice that if the obligor or obligee fails to obtain	10060
health insurance coverage required by a child support order, the	10061
child support enforcement agency shall comply with sections	10062
3119.40 and 3119.41 of the Revised Code to obtain a court order	10063
requiring the obligor or obligee to obtain the health insurance	10064
coverage;	10065

(J) A notice that states the following: "If the person	10066
required to obtain health care insurance coverage for the children	10067
subject to this child support order obtains new employment and the	10068
health insurance coverage for the children is provided through the	10069
previous employer, the agency shall comply with the requirements	10070
of sections 3119.43 and 3119.44 of the Revised Code, which may	10071
result in the issuance of a notice requiring the new employer to	10072
take whatever action is necessary to enroll the children in health	10073
care insurance coverage provided by the new employer."	10074

Sec. 3119.33. An obligee under a court child support order	10075
may file a motion with the court that issued the order requesting	10076
that the court modify the order to require the obligor to obtain	10077
health insurance coverage for the children who are the subject of	10078
the order. An obligor under a court child support order may file	10079
a motion with the court that issued the order requesting that the	10080
court modify the order to require the obligee to obtain health	10081
insurance coverage for those children.	10082

Sec. 3119.34. On the filing of a motion described in section	10083
3119.33 of the Revised Code, the court shall order the child	10084
support enforcement agency to conduct an investigation to	10085
determine whether the obligor or obligee has satisfactory health	10086
insurance coverage for the children. Upon completion of its	10087
investigation, the agency shall inform the court, in writing, of	10088
its determination.	10089

Sec. 3119.35. If the court determines that neither the	10090
obligor nor the obligee has satisfactory health insurance coverage	10091
for the children, it shall modify the court child support order in	10092
accordance with sections 3119.30 and 3119.31 of the Revised Code.	10093

Sec. 3119.37. An obligor or obligee under a court child	10094
support order may file a motion with the court that issued the	10095
order requesting that the court modify the amount of child support	10096
required to be paid under the order because that amount does not	10097
adequately cover the medical needs of the child.	10098

Sec. 3119.38. On the filing of a motion described in section	10099
3119.37 of the Revised Code, the court shall determine whether the	10100
amount of child support required to be paid under the court child	10101
support order adequately covers the medical needs of the child and	10102
whether to modify the order.	10103

Sec. 3119.40. If an obligor or obligee required to obtain	10104
health insurance coverage pursuant to a child support order issued	10105
in accordance with section 3119.30 of the Revised Code does not	10106
obtain the required coverage within thirty days after the order is	10107
issued, the child support enforcement agency shall notify the	10108
court that issued the court child support order or, with respect	10109
to an administrative child support order, the court of common	10110
pleas of the county in which the agency is located, in writing of	10111
the failure of the obligor or obligee to comply with the child	10112
support order.	10113

Sec. 3119.41. On receipt of a notice described in section	10114
3119.40 of the Revised Code from the child support enforcement	10115
agency, the court shall issue an order to the employer of the	10116
obligor or obligee required to obtain health insurance coverage	10117
requiring the employer to take whatever action is necessary to	10118
make application to enroll the obligor or obligee required to	10119
obtain health insurance coverage in any available group health	10120
insurance or health care policy, contract, or plan with coverage	10121
for the children, to submit a copy of the child support order to	10122
the insurer at the time that the employer makes application to	10123
enroll the children in the health insurance or health care policy,	10124
contract, or plan, and, if the application is accepted, to deduct	10125
from the wages or other income of the obligor or obligee required	10126
to obtain health insurance coverage the cost of the coverage for	10127
the children. The court shall include with the order issued under	10128
this section a copy of the child support order requiring health	10129
insurance coverage for the children subject to the child support	10130
order. The court shall send copies of the orders by ordinary mail	10131
to the obligor, obligee, and employer subject to the orders. Upon	10132
receipt of any order under this section, the employer shall take	10133
whatever action is necessary to comply with the order.	10134

Sec. 3119.43. If an obligor or obligee required to obtain	10135
health insurance coverage pursuant to a child support order	10136
obtains health insurance coverage for the children through an	10137
employer and subsequently obtains new employment, the child	10138
support enforcement agency shall investigate and determine whether	10139
the new employer offers health insurance coverage that would cover	10140
the children.	10141

Sec. 3119.44. If the child support enforcement agency	10142
determines that the new employer described in section 3119.43 of	10143
the Revised Code provides health insurance coverage that would	10144
cover the children, the agency shall send, by ordinary mail, a	10145
notice described in section 3119.45 of the Revised Code to the new	10146
employer. The agency shall also send, by ordinary mail, a copy of	10147
the notice to the obligor or obligee required to obtain health	10148
insurance coverage under the child support order.	10149

Sec. 3119.45. The notice required by section 3119.44 of the	10150
Revised Code shall contain the following:	10151

(A) A statement that the obligor or obligee subject to a	10152
child support order, or both of them, are required to obtain	10153
pursuant to the order health insurance coverage in any available	10154
group health insurance or health care policy, contract, or plan	10155
for the children who are the subject of the order;	10156

(B) A requirement that the new employer take whatever action	10157
is necessary to make application to enroll the obligor or obligee	10158
required to obtain health insurance coverage in any available	10159
group health insurance or health care policy, contract, or plan	10160
with coverage for the children;	10161

(C) A requirement that the new employer submit a copy of the	10162
notice described under section 3119.44 of the Revised Code to the	10163
insurer at the time that the employer makes application to enroll	10164
the children in the health insurance or health care policy,	10165
contract, or plan;	10166

(D) A requirement that, if the application is accepted, the	10167
new employer deduct from the wages or other income of the obligor	10168
or obligee required to obtain the health insurance coverage the	10169
cost of the coverage for the children;	10170

(E) A statement that the provisions of the notice are final	10171
and enforceable by a court and are incorporated into the child	10172
support order unless the obligor or obligee required to obtain	10173
health insurance coverage, within ten days after the date on which	10174
the notice is sent, files a written request with the agency	10175
requesting modification of the child support order.	10176

Sec. 3119.46. The department of job and family services	10177
shall adopt standard forms for the notices required by section	10178
3119.44 of the Revised Code. All child support enforcement	10179
agencies shall use the forms in issuing notices under that	10180
section.	10181

Sec. 3119.47. A child support order issued in accordance	10182
with section 3119.30 of the Revised Code, any order issued under	10183
section 3119.41 of the Revised Code, or notice issued pursuant to	10184
section 3119.44 of the Revised Code is binding on the obligor and	10185
the obligee, their employers, and any insurer that provides health	10186
insurance coverage for either of them or their children.	10187

Sec. 3119.48. During the time that any child support order	10188
issued in accordance with section 3119.30 of the Revised Code, an	10189
order issued under section 3119.41 of the Revised Code, or a	10190
notice issued pursuant to section 3119.44 of the Revised Code is	10191
in effect and after the employer has received a copy of the order	10192
or notice, the employer of the obligor or obligee required to	10193
provide health insurance coverage shall comply with the order or	10194
notice.	10195

Sec. 3119.49. On request from the other parent or the child	10196
support enforcement agency, the employer of the obligor or obligee	10197
required to provide health insurance coverage shall release to the	10198
other parent and the agency all information about the health	10199
insurance coverage that is necessary to ensure compliance with	10200
section 3119.30 of the Revised Code, an order issued under section	10201
3119.41 of the Revised Code, or a notice issued under section	10202
3119.44 of the Revised Code, the name and address of the insurer,	10203
and any policy, contract, or plan number.	10204

Sec. 3119.491. Information provided by an employer pursuant	10205
to section 3119.49 of the Revised Code shall be used only for the	10206
purpose of the enforcement of an order issued in accordance with	10207
section 3119.30 of the Revised Code, an order issued under section	10208
3119.41 of the Revised Code, or a notice issued pursuant to	10209
section 3119.44 of the Revised Code.	10210

Sec. 3119.50. Any employer who receives a copy of an order	10211
or notice described in section 3119.30, 3119.41, or 3119.44 of the	10212
Revised Code shall notify the child support enforcement agency of	10213
any change in or the termination of the health insurance coverage	10214
that is maintained pursuant to the order or notice.	10215

Sec. 3119.51. An insurer that receives a copy of an order or	10216
notice described in section 3119.30, 3119.41, or 3119.44 of the	10217
Revised Code shall comply with it in accordance with sections	10218
3119.30 to 3119.58 of the Revised Code, regardless of the	10219
residence of the children.	10220

Sec. 3119.52. An insurer that provides health insurance	10221
coverage for the children who are the subject of a child support	10222
order in accordance with the child support order, an order issued	10223
under section 3119.41 of the Revised Code, or a notice issued	10224
pursuant to section 3119.44 of the Revised Code, shall reimburse	10225
the parent who is designated to receive reimbursement in the child	10226
support order for covered out-of-pocket medical, optical,	10227
hospital, dental, or prescription expenses incurred on behalf of	10228
the children.	10229

Sec. 3119.53. Nothing in sections 3119.30 to 3119.58 of the	10230
Revised Code shall be construed to require an insurer to accept	10231
for enrollment any child who does not meet the underwriting	10232
standards of the health insurance or health care policy, contract,	10233
or plan for which application is made.	10234

Sec. 3119.54. If an obligee under a child support order	10235
issued in accordance with section 3119.30 of the Revised Code is	10236
eligible for medical assistance under Chapter 5111. or 5115. of	10237
the Revised Code and the obligor has obtained health insurance	10238
coverage, the obligee shall notify any physician, hospital, or	10239
other provider of medical services for which medical assistance is	10240
available of the name and address of the obligor's insurer and of	10241
the number of the obligor's health insurance or health care	10242
policy, contract, or plan. Any physician, hospital, or other	10243
provider of medical services for which medical assistance is	10244
available under Chapter 5111. or 5115. of the Revised Code who is	10245
notified under this division of the existence of a health	10246
insurance or health care policy, contract, or plan with coverage	10247
for children who are eligible for medical assistance shall first	10248
bill the insurer for any services provided for those children. If	10249
the insurer fails to pay all or any part of a claim filed under	10250
this section and the services for which the claim is filed are	10251
covered by Chapter 5111. or 5115. of the Revised Code, the	10252
physician, hospital, or other medical services provider shall bill	10253
the remaining unpaid costs of the services in accordance with	10254
Chapter 5111. or 5115. of the Revised Code.	10255

Sec. 3119.56. An obligor who fails to comply with a child	10256
support order issued in accordance with section 3119.30 of the	10257
Revised Code, or an order issued under section 3119.41 of the	10258
Revised Code, is liable to the obligee for any medical expenses	10259
incurred as a result of the failure to comply with the order. An	10260
obligee who fails to comply with a child support order issued in	10261
accordance with section 3119.30 of the Revised Code, or an order	10262
issued under section 3119.41 of the Revised Code, is liable to the	10263
obligor for any medical expenses incurred as a result of the	10264
failure to comply with the order.	10265

Sec. 3119.57. Whoever violates a court child support order	10266
issued in accordance with section 3119.30 of the Revised Code, or	10267
an order issued under section 3119.41 of the Revised Code, may be	10268
punished as for contempt under Chapter 2705. of the Revised Code.	10269

Sec. 3119.58. If an obligor is found in contempt under	10270
Chapter 2705. for failing to comply with a court child support	10271
order issued in accordance with section 3119.30 of the Revised	10272
Code, or an order issued under section 3119.41 of the Revised	10273
Code, to enforce a court child support order's health insurance	10274
provisions and the obligor previously has been found in contempt	10275
under that chapter, the court shall consider the obligor's failure	10276
to comply with the order as a change in circumstances for the	10277
purpose of modification of the amount of support due under the	10278
court child support order issued in accordance with section	10279
3119.30 of the Revised Code.	10280

Sec. 3119.60. If a child support enforcement agency,	10281
periodically or on request of an obligor or obligee, plans to	10282
review a child support order in accordance with the rules adopted	10283
pursuant to section 3119.76 of the Revised Code or otherwise plans	10284
to review a child support order, it shall do all of the following	10285
prior to formally beginning the review:	10286

(A) Establish a date certain on which the review will	10287
formally begin;	10288

(B) At least forty-five days before formally beginning the	10289
review, send the obligor and the obligee notice of the planned	10290
review and of the date when the review will formally begin;	10291

(C)(1) Request the obligor to provide the agency, no later	10292
than the scheduled date for formally beginning the review, with	10293
all of the following:	10294

(a) A copy of the obligor's federal income tax return from	10295
the previous year;	10296

(b) A copy of all pay stubs obtained by the obligor within	10297
the preceding six months;	10298

(c) A copy of all other records evidencing the receipt of any	10299
other salary, wages, or compensation by the obligor within the	10300
preceding six months;	10301

(d) A list of the group health insurance and health care	10302
policies, contracts, and plans available to the obligor and their	10303
costs;	10304

(e) The current health insurance or health care policy,	10305
contract, or plan under which the obligor is enrolled and its	10306
cost;	10307

(f) Any other information necessary to properly review the	10308
child support order.	10309

(2) Request the obligee to provide the agency, no later than	10310
the scheduled date for formally beginning the review, with all of	10311
the following:	10312

(a) A copy of the obligee's federal income tax return from	10313
the previous year;	10314

(b) A copy of all pay stubs obtained by the obligee within	10315
the preceding six months;	10316

(c) A copy of all other records evidencing the receipt of any	10317
other salary, wages, or compensation by the obligee within the	10318
preceding six months;	10319

(d) A list of the group health insurance and health care	10320
policies, contracts, and plans available to the obligee and their	10321
costs;	10322

(e) The current health insurance or health care policy,	10323
contract, or plan under which the obligee is enrolled and its	10324
cost;	10325

(f) Any other information necessary to properly review the	10326
child support order.	10327

(D) Include in the notice sent pursuant to division (B) of	10328
this section, one of the following:	10329

(1) If the child support order being reviewed is a court	10330
child support order, a notice that a willful failure to provide	10331
the documents and other information requested pursuant to division	10332
(C) of this section is contempt of court;	10333

(2) If the child support order being reviewed is an	10334
administrative child support order, a notice that if either the	10335
obligor or obligee fails to comply with the request for	10336
information, the agency may bring an action under section 3119.72	10337
of the Revised Code requesting that the court find the obligor and	10338
the obligee in contempt pursuant to section 2705.02 of the Revised	10339
Code.	10340

Sec. 3119.61. The child support enforcement agency shall	10341
review an administrative child support order on the date	10342
established pursuant to section 3119.60 of the Revised Code for	10343
formally beginning the review of the order. If the agency	10344
determines that a modification is necessary and in the best	10345
interest of the child subject to the order, the agency shall	10346
calculate the amount the obligor shall pay in accordance with	10347
section 3119.021 of the Revised Code. The agency may not grant a	10348
deviation pursuant to section 3119.23 of the Revised Code from the	10349
guidelines set forth in section 3119.021 of the Revised Code. If	10350
the agency can set the child support the obligor is to pay without	10351
granting such a deviation from the guidelines, the agency shall do	10352
the following:	10353

(A) Give the obligor and obligee notice of the revised amount	10354
of child support to be paid under the administrative child support	10355
order, of their right to request an administrative hearing on the	10356
revised child support amount, of the procedures and time deadlines	10357
for requesting the hearing, and that the agency will modify the	10358
administrative child support order to include the revised child	10359
support amount unless the obligor or obligee requests an	10360
administrative hearing on the revised amount no later than thirty	10361
days after receipt of the notice under this division;	10362

(B) If neither the obligor nor obligee timely requests an	10363
administrative hearing on the revised amount of child support,	10364
modify the administrative child support order to include the	10365
revised child support amount;	10366

(C) If the obligor or obligee timely requests an	10367
administrative hearing on the revised amount of child support, do	10368
all of the following:	10369

(1) Schedule a hearing on the issue;

10370

(2) Give the obligor and obligee notice of the date, time,	10371
and location of the hearing;	10372

(3) Conduct the hearing in accordance with the rules adopted	10373
under section 3119.76 of the Revised Code;	10374

(4) Redetermine at the hearing a revised amount of child	10375
support to be paid under the administrative child support order;	10376

(5) Modify the order to include the revised amount of child	10377
support;	10378

(6) Give notice to the obligor and obligee of the amount of	10379
child support to be paid under the order and that the obligor and	10380
obligee may object to the modified order by initiating an action	10381
under section 2151.231 of the Revised Code in the juvenile court	10382
or other court with jurisdiction under section 2101.022 or 2301.03	10383
of the Revised Code of the county in which the mother, the father,	10384
the child, or the guardian or custodian of the child reside.	10385

If the agency modifies an existing administrative child	10386
support order, the modification shall relate back to the first day	10387
of the month following the date certain on which the review began	10388
under section 3119.60 of the Revised Code.	10389

If the agency cannot set the amount of child support the	10390
obligor will pay under the administrative child support order	10391
without granting a deviation pursuant to section 3119.23 of the	10392
Revised Code, the agency shall bring an action under section	10393
2151.231 of the Revised Code on behalf of the person who requested	10394
that the agency review the existing administrative order or, if no	10395
one requested the review, on behalf of the obligee, in the	10396
juvenile court or other court with jurisdiction under section	10397
2101.022 or 2301.03 of the Revised Code of the county in which the	10398
agency is located requesting that the court issue a child support	10399
order.	10400

Sec. 3119.63. The child support enforcement agency shall	10401
review a court child support order on the date established	10402
pursuant to section 3119.60 of the Revised Code for formally	10403
beginning the review of the order and shall do all of the	10404
following:	10405

(A) Calculate a revised amount of child support to be paid	10406
under the court child support order;	10407

(B) Give the obligor and obligee notice of the revised amount	10408
of child support, of their right to request an administrative	10409
hearing on the revised amount, of the procedures and time	10410
deadlines for requesting the hearing, and that the revised amount	10411
of child support will be submitted to the court for inclusion in a	10412
revised court child support order unless the obligor or obligee	10413
requests an administrative hearing on the proposed change within	10414
fourteen days after receipt of the notice under this division;	10415

(C) Give the obligor and obligee notice that if the court	10416
child support order contains a deviation granted under section	10417
3119.23 or 3119.24 of the Revised Code or if the obligor or	10418
obligee intends to request a deviation from the child support	10419
amount to be paid under the court child support order, the obligor	10420
and obligee have a right to request a court hearing on the revised	10421
amount of child support without first requesting an administrative	10422
hearing and that the obligor or obligee, in order to exercise this	10423
right, must make the request for a court hearing no later than	10424
fourteen days after receipt of the notice;	10425

(D) If neither the obligor nor the obligee timely requests,	10426
pursuant to division (C) of this section, an administrative or	10427
court hearing on the revised amount of child support, submit the	10428
revised amount of child support to the court for inclusion in a	10429
revised court child support order;	10430

(E) If the obligor or the obligee timely requests an	10431
administrative hearing on the revised child support amount,	10432
schedule a hearing on the issue, give the obligor and obligee	10433
notice of the date, time, and location of the hearing, conduct the	10434
hearing in accordance with the rules adopted under section 3119.76	10435
of the Revised Code, redetermine at the hearing a revised amount	10436
of child support to be paid under the court child support order,	10437
and give notice to the obligor and obligee of the revised amount	10438
of child support, that they may request a court hearing on the	10439
revised amount, and that the agency will submit the revised amount	10440
of child support to the court for inclusion in a revised court	10441
child support order, if neither the obligor nor the obligee	10442
requests a court hearing on the revised amount of child support;	10443

(F) If neither the obligor nor the obligee requests, pursuant	10444
to division (E) of this section, a court hearing on the revised	10445
amount of child support, submit the revised amount of child	10446
support to the court for inclusion in a revised court child	10447
support order.	10448

Sec. 3119.64. If an obligor or obligee files a request for a	10449
court hearing on a revised amount of child support to be paid	10450
under a court child support order in accordance with section	10451
3119.63 of the Revised Code and the rules adopted under section	10452
3119.76 of the Revised Code, the court shall conduct a hearing in	10453
accordance with section 3119.66 of the Revised Code.	10454

Sec. 3119.65. If neither the obligor nor the obligee	10455
requests a court hearing on a revised amount of child support to	10456
be paid under a court child support order in accordance with	10457
section 3119.63 of the Revised Code, the court shall issue a	10458
revised court child support order to require the obligor to pay	10459
the revised amount of child support calculated by the child	10460
support enforcement agency.	10461

Sec. 3119.66. If the obligor or the obligee requests a court	10462
hearing on the revised amount of child support calculated by the	10463
child support enforcement agency, the court shall schedule and	10464
conduct a hearing to determine whether the revised amount of child	10465
support is the appropriate amount and whether the amount of child	10466
support being paid under the court child support order should be	10467
revised.	10468

Sec. 3119.67. A court required to schedule and conduct a	10469
hearing pursuant to section 3119.66 of the Revised Code shall give	10470
the obligor, obligee, and child support enforcement agency at	10471
least thirty days' notice of the date, time, and location of the	10472
hearing.	10473

Sec. 3119.68. A court required to schedule and conduct a	10474
hearing pursuant to section 3119.66 of the Revised Code shall do	10475
both of the following if the obligor or obligee failed to provide	10476
any of the items described in divisions (A)(1) to (5) and (B)(1)	10477
to (5) of this section:	10478

(A) Order the obligor to provide the court with all of the	10479
following:	10480

(1) A copy of the obligor's federal income tax return from	10481
the previous year;	10482

(2) A copy of all pay stubs obtained by the obligor within	10483
the preceding six months;	10484

(3) A copy of all other records evidencing the receipt of any	10485
other salary, wages, or compensation by the obligor within the	10486
preceding six months;	10487

(4) A list of the group health insurance and health care	10488
policies, contracts, and plans available to the obligor and their	10489
costs;	10490

(5) The current health insurance or health care policy,	10491
contract, or plan under which the obligor is enrolled and its	10492
cost.	10493

(B) Order the obligee to provide the court with all of the	10494
following:	10495

(1) A copy of the obligee's federal income tax return from	10496
the previous year;	10497

(2) A copy of all pay stubs obtained by the obligee within	10498
the preceding six months;	10499

(3) A copy of all other records evidencing the receipt of any	10500
other salary, wages, or compensation by the obligee within the	10501
preceding six months;	10502

(4) A list of the group health insurance and health care	10503
policies, contracts, and plans available to the obligee and their	10504
costs;	10505

(5) The current health insurance or health care policy,	10506
contract, or plan under which the obligee is enrolled and its	10507
cost.	10508

Sec. 3119.69. A court required to schedule and conduct a	10509
hearing pursuant to section 3119.66 of the Revised Code shall give	10510
the obligor and the obligee notice that any willful failure to	10511
comply with a court order is contempt of court and, on a finding	10512
by the court that a person is in contempt of court, the court and	10513
the child support enforcement agency will take any action	10514
necessary to obtain the information or make any reasonable	10515
assumptions necessary with respect to the information the person	10516
in contempt of court did not provide to ensure a fair and	10517
equitable review of the court child support order.	10518

Sec. 3119.70. A court that conducts a hearing pursuant to	10519
section 3119.66 of the Revised Code shall do both of the	10520
following:	10521

(A) If the court determines at the hearing that the revised	10522
child support amount calculated by the child support enforcement	10523
agency is the appropriate amount, issue a revised court child	10524
support order requiring the obligor to pay the revised amount;	10525

(B) If the court determines that the revised child support	10526
amount calculated by the agency is not the appropriate amount,	10527
determine the appropriate child support amount and, if necessary,	10528
issue a revised court child support order requiring the obligor to	10529
pay the child support amount determined by the court.	10530

Sec. 3119.71. If the obligor or obligee does not request a	10531
court hearing on the revised child support amount determined by	10532
the child support enforcement agency and filed with the court	10533
pursuant to section 3119.63 of the Revised Code and the court	10534
modifies the order to include the revised amount pursuant to	10535
section 3119.65 of the Revised Code, the modification shall relate	10536
back to the first day of the month following the date certain on	10537
which the review of the court child support order began pursuant	10538
to division (A) of section 3119.60 of the Revised Code. If the	10539
obligor or obligee requests a court hearing on the revised child	10540
support amount and the court, after conducting a hearing, modifies	10541
the court child support amount under the order, the modification	10542
shall relate back to THE FIRST DAY OF THE MONTH FOLLOWING THE DATE	10543
ON WHICH THE REVIEW OF THE court CHILD SUPPORT ORDER BEGAN	10544
PURSUANT TO DIVISION (A) OF SECTION 3119.60 OF THE REVISED CODE.	10545

Sec. 3119.72. If either the obligor or the obligee fails to	10546
comply with a request for information made pursuant to division	10547
(C) of section 3119.60 of the Revised Code, one of the following	10548
applies:	10549

(A) If the child support order being reviewed is a court	10550
child support order, failure to comply with a request for	10551
information is contempt of court, and the child support	10552
enforcement agency shall notify the court of the failure to comply	10553
with the request for information. The agency may request the	10554
court to issue an order requiring the obligor or the obligee to	10555
provide the information as requested or take whatever action is	10556
necessary to obtain the information and make any reasonable	10557
assumptions necessary with respect to the information the person	10558
in contempt of court did not provide to ensure a fair and	10559
equitable review of the child support order.	10560

(B) If the child support order being reviewed is an	10561
administrative child support order, the agency may request that	10562
the court of common pleas of the county in which the agency is	10563
located issue an order requiring the obligor or obligee to comply	10564
with the agency's request for information. The agency may request	10565
that the order require the obligor or obligee to provide the	10566
necessary information or permit the agency to take whatever action	10567
is necessary to obtain the information and make any reasonable	10568
assumptions necessary with respect to the information not provided	10569
to ensure a fair and equitable review of the administrative child	10570
support order. An obligor or obligee who fails to comply with the	10571
court order is in contempt of court. If an obligor or obligee is	10572
in contempt of court, the agency may request the court to hold the	10573
person who failed to comply in contempt or to permit the agency to	10574
take whatever action is necessary to obtain information and make	10575
any reasonable assumptions necessary with respect to the income of	10576
the person who failed to comply with the request to ensure a fair	10577
and equitable review of the administrative child support order.	10578

If the agency decides to conduct the review of the child	10579
support order based on reasonable assumptions with respect to the	10580
information the person in contempt of court did not provide, it	10581
shall proceed under section 3119.61 or 3119.63 of the Revised Code	10582
in the same manner as if all requested information has been	10583
received.	10584

Sec. 3119.73. (A) In calculating a revised amount of child	10585
support to be paid under section 3119.61 or 3119.63 of the Revised	10586
Code, and in redetermining, at an administrative hearing conducted	10587
under either of those sections, a revised amount of child support	10588
to be paid, the child support enforcement agency shall consider,	10589
in addition to all other factors required by law to be considered,	10590
the following:	10591

(1) The appropriate person, whether it is the obligor,	10592
obligee, or both, to be required to provide health insurance	10593
coverage for the children specified in the order;	10594

(2) The cost of health insurance coverage that the obligor,	10595
the obligee, or both have been ordered to obtain for the children	10596
specified in the order.	10597

(B) In determining, at a hearing conducted under section	10598
3119.66 of the Revised Code, the appropriate amount of child	10599
support to be paid by the obligor, the court shall consider the	10600
following, in addition to all other factors required by law to be	10601
considered:	10602

(1) The appropriate person, whether it is the obligor,	10603
obligee, or both, to be required to provide health insurance	10604
coverage for the children specified in the order;	10605

(2) The cost of health insurance that the obligor, the	10606
obligee, or both have been ordered to obtain for the children	10607
specified in the order.	10608

Sec. 3119.74. In addition to administrative reviews	10609
conducted pursuant to sections 3119.60 to 3119.63 of the Revised	10610
Code, a child support enforcement agency may conduct	10611
administrative reviews of support orders to do the following:	10612

(A) Obtain voluntary notices or court orders under section	10613
3121.03 of the Revised Code;	10614

(B) Correct any errors in the amount of any arrearage owed	10615
by an obligor.	10616

The agency shall notify the obligor and obligee of the time,	10617
date, and location of the administrative review at least fourteen	10618
days before the hearing is held.	10619

Sec. 3119.75. A child support enforcement agency is not	10620
required to review a child support order if the review is not	10621
otherwise required by section 666(a)(10) of Title 42 of the U.S.	10622
Code, "Family Support Act of 1988," 102 Stat. 2346, 42 U.S.C.	10623
666(a)(10), as amended, and any regulations adopted pursuant to,	10624
or to enforce, that section and any of the following apply:	10625

(A) The obligee has made an assignment under section 5107.20	10626
of the Revised Code of the right to receive child support	10627
payments, the agency determines that good cause pursuant to	10628
section 5107.05 of the Revised Code exists with respect to the	10629
children who are the subject of the child support order, and	10630
neither the obligor nor the obligee has requested that the review	10631
be conducted.	10632

(B) The obligee has not made an assignment under section	10633
5107.20 of the Revised Code of the right to receive child support	10634
payments and neither the obligor nor the obligee has requested	10635
that the review be conducted.	10636

(C) Neither the obligor nor the obligee resides in this	10637
state.	10638

Sec. 3119.76. The director of job and family services shall	10639
adopt rules pursuant to Chapter 119. of the Revised Code	10640
establishing a procedure for determining when existing child	10641
support orders should be reviewed to determine whether it is	10642
necessary and in the best interest of the children who are the	10643
subject of the child support order to change the child support	10644
order. The rules shall include, but are not limited to, all of	10645
the following:	10646

(A) Any procedures necessary to comply with section	10647
666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of	10648
1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any	10649
regulations adopted pursuant to, or to enforce, that section;	10650

(B) Procedures for determining what child support orders are	10651
to be subject to review upon the request of either the obligor or	10652
the obligee or periodically by the child support enforcement	10653
agency administering the child support order;	10654

(C) Procedures for the child support enforcement agency to	10655
periodically review and to review, upon the request of the obligor	10656
or the obligee, any child support order that is subject to review	10657
to determine whether the amount of child support paid under the	10658
child support order should be adjusted in accordance with the	10659
basic child support schedule set forth in section 3119.021 of the	10660
Revised Code or whether the provisions for the child's health care	10661
needs under the child support order should be modified in	10662
accordance with sections 3119.30 to 3119.58 of the Revised Code;	10663

(D) Procedures for giving obligors and obligees notice of	10664
their right to request a review of a child support order that is	10665
determined to be subject to review, notice of any proposed	10666
revision of the amount of child support to be paid under the child	10667
support order, notice of the procedures for requesting a hearing	10668
on any proposed revision of the amount of child support to be paid	10669
under a child support order, notice of any administrative hearing	10670
to be held on a proposed revision of the amount of child support	10671
to be paid under a child support order, at least forty-five days'	10672
prior notice of any review of their child support order, and	10673
notice that a failure to comply with any request for documents or	10674
information to be used in the review of a child support order is	10675
contempt of court;	10676

(E) Procedures for obtaining the necessary documents and	10677
information necessary to review child support orders and for	10678
holding administrative hearings on a proposed revision of the	10679
amount of child support to be paid under a child support order;	10680

(F) Procedures for adjusting child support orders in	10681
accordance with the basic child support schedule set forth in	10682
section 3119.021 of the Revised Code and the applicable worksheet	10683
in section 3119.022 or 3119.023 of the Revised Code, through the	10684
line establishing the actual annual obligation;	10685

(G) Procedures for adjusting the provisions of the child	10686
support order governing the health care needs of the child	10687
pursuant to sections 3119.30 to 3119.58 of the Revised Code.	10688

Sec. 3119.79. (A) If an obligor or obligee under a child	10689
support order requests that the court modify the amount of support	10690
required to be paid pursuant to the child support order, the court	10691
shall recalculate the amount of support that would be required to	10692
be paid under the child support order in accordance with the	10693
schedule and the applicable worksheet through the line	10694
establishing the actual annual obligation. If that amount as	10695
recalculated is more than ten per cent greater than or more than	10696
ten per cent less than the amount of child support required to be	10697
paid pursuant to the existing child support order, the deviation	10698
from the recalculated amount that would be required to be paid	10699
under the schedule and the applicable worksheet shall be	10700
considered by the court as a change of circumstance substantial	10701
enough to require a modification of the child support amount.	10702

(B) In determining the recalculated support amount that would	10703
be required to be paid under the child support order for purposes	10704
of determining whether that recalculated amount is more than ten	10705
per cent greater than or more than ten per cent less than the	10706
amount of child support required to be paid pursuant to the	10707
existing child support order, the court shall consider, in	10708
addition to all other factors required by law to be considered,	10709
the cost of health insurance the obligor, the obligee, or both the	10710
obligor and the obligee have been ordered to obtain for the	10711
children specified in the order. Additionally, if an obligor or	10712
obligee under a child support order requests that the court modify	10713
the support amount required to be paid pursuant to the child	10714
support order and if the court determines that the amount of	10715
support does not adequately meet the medical needs of the child,	10716
the inadequate coverage shall be considered by the court as a	10717
change of circumstance that is substantial enough to require a	10718
modification of the amount of the child support order.	10719

(C) If the court determines that the amount of child support	10720
required to be paid under the child support order should be	10721
changed due to a substantial change of circumstances that was not	10722
contemplated at the time of the issuance of the original child	10723
support order or the last modification of the child support order,	10724
the court shall modify the amount of child support required to be	10725
paid under the child support order to comply with the schedule and	10726
the applicable worksheet through the line establishing the actual	10727
annual obligation, unless the court determines that the amount	10728
calculated pursuant to the basic child support schedule and	10729
pursuant to the applicable worksheet would be unjust or	10730
inappropriate and would not be in the best interest of the child	10731
and enters in the journal the figure, determination, and findings	10732
specified in section 3119.22 of the Revised Code.	10733

Sec. 3119.80. In any action in which support is ordered	10734
under a court child support order, the obligor or obligee under	10735
the order may file a motion with the court that issued the order	10736
requesting the issuance of one or more withholding or deduction	10737
notices under section 3121.03 of the Revised Code to pay the	10738
support due under the order. The motion may be filed at any time	10739
after the court child support order is issued. Upon the filing of	10740
a motion pursuant to this section, the child support enforcement	10741
agency shall immediately conduct, and shall complete within twenty	10742
days after the motion is filed, an investigation in accordance	10743
with section 3123.02 of the Revised Code. On the completion of	10744
the investigation, the court shall issue one or more appropriate	10745
orders described in section 3121.03 of the Revised Code.	10746

Sec. 3119.81. In proceedings involving a court child support	10747
order, the court, before the conclusion of any hearings held with	10748
respect to the proceedings, shall order the child support	10749
enforcement agency to conduct an investigation pursuant to section	10750
3123.02 of the Revised Code if no withholding or deduction order	10751
or notice or order to seek employment, participate in a work	10752
activity, or enter into a cash bond to collect support under the	10753
court support order has been issued or the court determines that	10754
any such order or notice previously issued is no longer	10755
appropriate for collection of support under the order.	10756

On the filing of the agency's findings after completion of	10757
the investigation, the court, as necessary, shall issue one or	10758
more notices or one or more court orders described in section	10759
3121.03 of the Revised Code or modify any such notices or court	10760
orders previously issued.	10761

Sec. 3119.82. Whenever a court issues, or whenever it	10762
modifies, reviews, or otherwise reconsiders a court child support	10763
order, it shall designate which parent may claim the children who	10764
are the subject of the court child support order as dependents for	10765
federal income tax purposes as set forth in section 151 of the	10766
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	10767
amended. If the parties agree on which parent should claim the	10768
children as dependents, the court shall designate that parent as	10769
the parent who may claim the children. If the parties do not	10770
agree, the court, in its order, may permit the parent who is not	10771
the residential parent and legal custodian to claim the children	10772
as dependents for federal income tax purposes only if the court	10773
determines that this furthers the best interest of the children	10774
and, with respect to orders the court modifies, reviews, or	10775
reconsiders, the payments for child support are substantially	10776
current as ordered by the court for the year in which the children	10777
will be claimed as dependents. In cases in which the parties do	10778
not agree which parent may claim the children as dependents, the	10779
court shall consider, in making its determination, any net tax	10780
savings, the relative financial circumstances and needs of the	10781
parents and children, the amount of time the children spend with	10782
each parent, the eligibility of either or both parents for the	10783
federal earned income tax credit or other state or federal tax	10784
credit, and any other relevant factor concerning the best interest	10785
of the children.	10786

If the court determines that the parent who is not the	10787
residential parent and legal custodian may claim the children as	10788
dependents for federal income tax purposes, it shall order the	10789
residential parent to take whatever action is necessary pursuant	10790
to section 152 of the "Internal Revenue Code of 1986," 100 Stat.	10791
2085, 26 U.S.C. 1, as amended, to enable the parent who is not the	10792
residential parent and legal custodian to claim the children as	10793
dependents for federal income tax purposes in accordance with the	10794
order of the court. Any willful failure of the residential parent	10795
to comply with the order of the court is contempt of court.	10796

Sec. 3119.83. Except as provided in section 3119.84 of the	10797
Revised Code, a court or child support enforcement agency may not	10798
retroactively modify an obligor's duty to pay a delinquent support	10799
payment.	10800

Sec. 3119.84. A court with jurisdiction over a court support	10801
order may modify an obligor's duty to pay a support payment that	10802
becomes due after notice of a petition to modify the court support	10803
order has been given to each obligee and to the obligor before a	10804
final order concerning the petition for modification is entered.	10805

Sec. 3119.86. (A) Notwithstanding section 3109.01 of the	10806
Revised Code, both of the following apply:	10807

(1) The duty of support to a child imposed pursuant to a	10808
court child support order shall continue beyond the child's	10809
eighteenth birthday only under the following CIRCUMSTANCES:	10810

(a) The child is mentally or physically disabled and is	10811
incapable of supporting or maintaining himself or herself.	10812

(b) The child's parents have agreed to continue support	10813
beyond the child's eighteenth birthday pursuant to a separation	10814
agreement that was incorporated into a decree of divorce or	10815
dissolution.	10816

(c) the child continuously attends a recognized and	10817
accredited high school on a full-time basis on and after the	10818
child's eighteenth birthday.	10819

(2) The duty of support to a child imposed pursuant to an	10820
administrative child support order shall continue beyond the	10821
child's eighteenth birthday only if the child continuously attends	10822
a recognized and accredited high school on a full-time basis on	10823
and after the child's eighteenth birthday.	10824

(B) A court child support order shall not remain in effect	10825
after the child reaches nineteen years of age unless the order	10826
provides that the duty of support continues under circumstances	10827
described in division (A)(1)(a) or (b) of this sectionfor any	10828
period after the child reaches age nineteen. An administrative	10829
child support order shall not remain in effect after the child	10830
reaches age nineteen.	10831

(C) If a court incorporates a separation agreement described	10832
in division (A)(1)(b) of this section into A decree of divorce or	10833
dissolution, the court may not require the duty of support to	10834
continue beyond the date the child's parents have agreed support	10835
should terminate.	10836

(D) A parent ordered to pay support under a child support	10837
order shall continue to pay support under the order, including	10838
during seasonal vacation periods, until the order terminates.	10839

Sec. 3119.87. The parent who is the residential parent and	10840
legal custodian of a child for whom a child support order is	10841
issued or the person who otherwise has custody of a child for whom	10842
a child support order is issued immediately shall notify, and the	10843
obligor under a child support order may notify, the child support	10844
enforcement agency administering the child support order of any	10845
reason for which the child support order should terminate. With	10846
respect to a court child support order, a willful failure to	10847
notify the child support enforcement agency as required by this	10848
division is contempt of court.	10849

Sec. 3119.88. Reasons for which a child support order should	10850
terminate include all of the following:	10851

(A) The child's attainment of the age of majority if the	10852
child no longer attends an accredited high school on a full-time	10853
basis AND THE child SUPPORT ORDER requires SUPPORT TO CONTINUE	10854
PAST THE AGE OF MAJORITY only if the child continuously attends	10855
such a high school after attaining that age;	10856

(B) The child ceasing to attend an accredited high school on	10857
a full-time basis after attaining the age of majority, IF THE	10858
child SUPPORT ORDER requires SUPPORT TO CONTINUE PAST THE AGE OF	10859
MAJORITY only if the child continuously attends such a high school	10860
after attaining that age;	10861

10862

(D) The child's marriage;

10863

(E) The child's emancipation;

10864

(F) The child's enlistment in the armed services;

10865

(G) The child's deportation;

10866

(H) Change of legal custody of the child.

10867

Sec. 3119.89. (A) Upon receipt of a notice pursuant to	10868
section 3119.87 of the Revised Code, the child support enforcement	10869
agency ADMINISTERING A CHILD SUPPORT ORDER, WITHIN TWENTY DAYS	10870
after receipt of the notice, shall COMPLETE an investigation. THE	10871
AGENCY ADMINISTERING A CHILD SUPPORT ORDER MAY CONDUCT AN	10872
INVESTIGATION UPON ITS OWN INITIATIVE IF IT OTHERWISE HAS REASON	10873
TO BELIEVE THAT THERE MAY BE A REASON FOR WHICH THE ORDER SHOULD	10874
TERMINATE. The agency's investigation shall determine the	10875
following:	10876

(1) Whether any reason exists for which the order should	10877
terminate;	10878

(2) Whether there are other children subject to the order;

10879

(3) Whether the obligor owes any arrearages under the order;

10880

(4) Whether the agency believes it is necessary to continue	10881
withholding or deduction pursuant to a notice or order described	10882
in section 3121.03 of the Revised Code for the other children or	10883
arrearages.	10884

(B) If the agency, pursuant to the investigation under	10885
division (A) of this section, determines that other children are	10886
subject to the child support order and that it is necessary to	10887
continue withholding or deduction for the other children, the	10888
agency shall divide the child support due annually and per month	10889
under the order by the number of children WHO ARE THE subject of	10890
the order and subtract the amount due for the child for whom the	10891
order should be terminated from the total child support amount due	10892
annually and per month. The resulting annual and per month child	10893
support amount shall be included in the results of the agency's	10894
investigation as the recommended child support amount due annually	10895
and monthly under a revised child support order. If arrearage	10896
amounts are owed, those amounts may be included as part of the	10897
recommended child support amount. The investigation under	10898
division (A) of this section shall not INCLUDE A REVIEW PURSUANT	10899
TO SECTIONS 3119.60 to 3119.76 OF THE REVISED CODE OF ANY OTHER	10900
CHILDREN SUBJECT TO THE CHILD SUPPORT ORDER.	10901

Sec. 3119.90. (A) With respect to a court child support	10902
order, if the child support enforcement agency determines the	10903
order should terminate, it immediately shall notify the court that	10904
issued the order of the RESULTS OF ITS INVESTIGATION AND SHALL	10905
SUBMIT TO THE COURT AN ORDER IMPOUNDING ANY FUNDS RECEIVED FOR THE	10906
CHILD PURSUANT TO THE COURT CHILD SUPPORT ORDER THAT WAS UNDER	10907
INVESTIGATION.	10908

(B) With respect to an administrative child support order, if	10909
the agency determines as a result of an investigation that the	10910
order should terminate, it shall issue an administrative order	10911
impounding any funds received for the child pursuant to the	10912
administrative child support order that was under investigation.	10913

(C) A CHILD SUPPORT ENFORCEMENT AGENCY THAT CONDUCTS AN	10914
INVESTIGATION OF A child SUPPORT ORDER SHALL GIVE THE OBLIGOR AND	10915
OBLIGEE UNDER THE ORDER NOTICE OF THE RESULTS OF ITS INVESTIGATION	10916
AND A COPY OF ANY COURT OR ADMINISTRATIVE IMPOUND ORDER ISSUED	10917
PURSUANT TO DIVISION (A) OR (B) OF THIS SECTION. THE OBLIGOR AND	10918
OBLIGEE ALSO SHALL BE GIVEN ALL OF THE FOLLOWING:	10919

(1) NOTICE OF THEIR RIGHT TO REQUEST AN ADMINISTRATIVE	10920
HEARING REGARDING ANY CONCLUSIONS OF THE INVESTIGATION;	10921

(2) NOTICE OF THE PROCEDURES AND TIME DEADLINES FOR	10922
REQUESTING THE HEARING;	10923

(3)(a) NOTICE THAT THE CONCLUSIONS OF THE INVESTIGATIONS	10924
WILL BE ISSUED AS AN ADMINISTRATIVE ORDER BY THE AGENCY IF THE	10925
UNDERLYING ORDER IS AN ADMINISTRATIVE CHILD SUPPORT ORDER;	10926

(b) NOTICE THAT THE CONCLUSIONS OF THE INVESTIGATIONS WILL	10927
BE SUBMITTED TO THE COURT FOR INCLUSION INTO A REVISED OR	10928
TERMINATED COURT CHILD SUPPORT ORDER WITH NO FURTHER COURT HEARING	10929
IF THE UNDERLYING ORDER IS A COURT CHILD SUPPORT ORDER.	10930

(4) NOTICE THAT NO REVISED ADMINISTRATIVE OR COURT CHILD	10931
SUPPORT ORDER WILL BE ISSUED IF EITHER THE OBLIGOR OR OBLIGEE	10932
REQUESTS AN ADMINISTRATIVE HEARING ON THE INVESTIGATION	10933
CONCLUSIONS WITHIN THIRTY DAYS AFTER RECEIPT OF THE NOTICE UNDER	10934
THIS DIVISION.	10935

Sec. 3119.91. IF AN OBLIGOR OR OBLIGEE UNDER A child SUPPORT	10936
ORDER TIMELY REQUESTS AN ADMINISTRATIVE HEARING PURSUANT TO	10937
SECTION 3119.90 OF THE REVISED CODE, THE child support enforcement	10938
AGENCY SHALL SCHEDULE A HEARING ON THE ISSUE, GIVE THE PARTIES	10939
NOTICE OF THE DATE, TIME, AND LOCATION OF THE HEARING, AND CONDUCT	10940
THE HEARING. On completion of the hearing, the child support	10941
enforcement agency shall issue a decision. The decision shall	10942
include a notice stating that the obligor or obligee may object to	10943
the decision by filing a motion within thirty days after the	10944
issuance of the decision in one of the following courts requesting	10945
A DETERMINATION AS TO whether the order should BE terminateD or	10946
WHETHER any other appropriate determination regarding the order	10947
SHOULD BE MADE:	10948

(a) With RESPECT TO A COURT CHILD SUPPORT ORDER, IN THE	10949
COURT that issued the order or that otherwise has jurisdiction	10950
over THE ORDER;	10951

(b) wITH RESPECT TO AN ADMINISTRATIVE CHILD SUPPORT ORDER,	10952
the juvenile court or other court with jurisdiction under section	10953
2101.022 or 2301.03 of the Revised Code of the county in which the	10954
agency that issued the order is located.	10955

thE NOTICE SHALL ALSO STATE THAT if neither the obligor nor	10956
the obligee files the motion within the thirty-day period, the	10957
administrative hearing decision is final and will be filed with	10958
the court or in the administrative case file.	10959

Sec. 3119.92. If the obligor, the obligee, or both file a	10960
motion as described in section 3119.91 of the Revised Code within	10961
the thirty-day period, the court shall SET THE CASE FOR A HEARING	10962
FOR A DETERMINATION AS TO WHETHER THE SUPPORT ORDER SHOULD BE	10963
TERMINATED OR WHETHER THE COURT SHOULD TAKE ANY OTHER APPROPRIATE	10964
ACTION. ON THE FILING OF THE MOTION, THE COURT SHALL ISSUE AN	10965
ORDER DIRECTING THAT THE IMPOUNDMENT ORDER ISSUED BY THE CHILD	10966
SUPPORT ENFORCEMENT AGENCY REGARDING SUPPORT AMOUNTS RECEIVED FOR	10967
THE CHILD REMAIN IN EFFECT WHILE THE MOTION IS PENDING. If	10968
neither the obligor nor the obligee files a motion as described in	10969
section 3119.91 of the Revised Code within the thirty-day period,	10970
the administrative hearing decision is final and will be filed	10971
with the court or in the administrative case file.	10972

Sec. 3119.93. The termination of a child support order by a	10973
court or agency also terminates any applicable withholding or	10974
deduction notice or other order issued under section 3121.03 of	10975
the Revised Code. With respect to a court child support order, on	10976
the termination of any withholding or deduction notice, the court	10977
immediately shall notify the appropriate child support enforcement	10978
agency that the order or notice has been terminated. If a	10979
withholding notice or order is terminated, the agency immediately	10980
shall notify each payor or financial institution required to	10981
withhold or deduct a sum of money for the payment of support under	10982
the order or notice that it has been terminated and that the payor	10983
or institution is required to cease all withholding or deduction	10984
under the order or notice.	10985

Sec. 3119.94. The director of job and family services shall	10986
adopt rules that provide for all of the following:	10987

(A) The payment to the appropriate person of any funds that a	10988
court or child support enforcement agency has impounded under	10989
section 3119.90 or 3119.92 of the Revised Code;	10990

(B) The return to the appropriate person of any other	10991
payments made pursuant to a child support order if the payments	10992
were made at any time after the child support order has been	10993
terminated pursuant to section 3119.90 or 3119.92 of the Revised	10994
Code;	10995

(C) ANY OTHER STANDARDS, FORMS, OR PROCEDURES NEEDED TO	10996
ENSURE UNIFORM IMPLEMENTATION OF SECTIONS 3119.86 TO 3119.94 OF	10997
THE REVISED CODE.	10998

Sec. 3119.96. As used in sections 3119.961 to 3119.967 of	10999
the Revised Code, "genetic tests" and "genetic testing" have the	11000
same meanings as in section 3111.09 of the Revised Code.	11001

Sec. 3119.961. (A) Notwithstanding the provisions to the	11002
contrary in civil rule 60(B) and in accordance with this section,	11003
a person may file a motion for relief from a final judgment, court	11004
order, or administrative determination or order that determines	11005
that the person or a male minor referred to in division (B) of	11006
section 3109.19 of the Revised Code is the father of a child or	11007
from a child support order under which the person or male minor is	11008
the obligor. The person shall file the motion in the juvenile	11009
court or other court with jurisdiction under section 2101.022 or	11010
2301.03 of the Revised Code of the county in which the original	11011
judgment, court order, administrative determination or order, or	11012
child support order was made, except that, If the determination of	11013
paternity is an acknowledgment of paternity that has become final	11014
under section 2151.232, 3111.25, or 3111.821 of the Revised Code	11015
or former section 3111.211 or 5101.314 of the Revised Code, the	11016
person shall file the motion in the juvenile court or other court	11017
with jurisdiction of the county in which the person or the child	11018
who is the subject of the acknowledgment resides.	11019

(B) On the motion of any adverse party or on its own motion,	11020
the court in which an action is brought under this section may	11021
transfer the action to the county in which an adverse party	11022
resides when it appears to the court that the location of the	11023
original venue presents a hardship for that adverse party.	11024

~~Sec. 3113.2111.~~ Sec. 3119.962. (A)~~(1) Notwithstanding the~~	11025
~~provisions to the contrary in civil rule 60(B) and in accordance~~	11026
~~with this section, a person may file a motion for relief from a~~	11027
~~final judgment, court order, or administrative determination or~~	11028
~~order that determines that the person or a male minor referred to~~	11029
~~in division (B) of section 3109.19 of the Revised Code is the~~	11030
~~father of a child or that requires the person or male minor to pay~~	11031
~~child support. The person shall file the motion in the court of~~	11032
~~common pleas of the county in which the original judgment, court~~	11033
~~order, or administrative determination or order was made.~~	11034

~~(2) Upon the motion of any adverse party or upon its own~~	11035
~~motion, the court in which an action is brought under this section~~	11036
~~may transfer the action to the county in which an adverse party~~	11037
~~resides when it appears to the court that the location of the~~	11038
~~original venue presents a hardship for that adverse party.~~	11039

~~(B)~~(1) Upon the filing of a motion for relief under ~~division~~	11040
~~(A)(1) of this~~ section 3119.961of the Revised Code, a court shall	11041
grant relief from a final judgment, court order, or administrative	11042
determination or order that determines that a person or male minor	11043
is the father of a child or ~~that requires~~from a child support	11044
order under which a person or male minor ~~to pay child support for~~	11045
~~a child~~is the obligor if all of the following apply:	11046

(a) The court receives genetic test results from a genetic	11047
test administered no more than six months prior to the filing of	11048
the motion for relief that finds that there is a zero per cent	11049
probability that the person or male minor is the father of the	11050
child.	11051

(b) The person or male minor has not adopted the child.

11052

(c) The child was not conceived as a result of artificial	11053
insemination in compliance with sections ~~3111.30~~3111.88 to	11054
~~3111.38~~3111.96 of the Revised Code.	11055

(2) A court shall not deny relief from a final judgment,	11056
court order, or administrative determination or order that	11057
determines that a person or male minor is the father of a child or	11058
~~that requires~~from a child support order under which a person or	11059
male minor ~~to pay child support for a child~~is the obligor solely	11060
because of the occurrence of any of the following acts if the	11061
person or male minor at the time of or prior to the occurrence of	11062
that act did not know that he was not the natural father of the	11063
child:	11064

(a) ~~The person or male minor married the mother of the child.~~

11065

~~(b) The person or male minor acknowledged his paternity of~~	11066
~~the child in a writing sworn to before a notary public.~~	11067

~~(c) The person or male minor was named as the child's~~	11068
~~natural father on the child's birth certificate with the valid~~	11069
~~consent of the person or male minor.~~	11070

~~(d)~~ The person or male minor was required to support the	11071
child ~~because of a written voluntary promise or~~ by a ~~court order~~	11072
~~or an administrative~~child support order.	11073

~~(e)~~(b) The person or male minor validly signed the child's	11074
birth certificate as an informant as provided in section 3705.09	11075
of the Revised Code as that section existed prior to January 1,	11076
1998.	11077

~~(f)~~(c) The person or male minor was named in an	11078
acknowledgment of paternity of the child that a court entered upon	11079
its journal pursuant to former section 2105.18 of the Revised	11080
Code.	11081

~~(g)~~(d) The person or male minor was named in an	11082
acknowledgment of paternity of the child that has become final	11083
under section 2151.232, 3111.25,or 3111.821 of the Revised Code	11084
or former section 3111.211, or 5101.314 of the Revised Code.	11085

~~(h)~~(e) The person or male minor was presumed to be the	11086
natural father of the child under any of the circumstances listed	11087
in section 3111.03 of the Revised Code.	11088

~~(i)~~(f)The person or male minor was presumed to be the	11089
natural father of the child under any of the circumstances listed	11090
in:	11091

(i) Division (A)(3) of section 3111.03 of the Revised Code as	11092
that division existed prior to January 1, 1998;	11093

(ii) Division (A)(3) of section 3111.03 of the Revised Code	11094
as that division existed on and after January 1, 1998, and prior	11095
to the effective date of this amendment;	11096

(iii) Division (A)(5) of section 3111.03 of the Revised Code	11097
as that division existed prior to the effective date of this	11098
amendment.	11099

(g) The person or male minor was determined to be the father	11100
of the child in a parentage action under Chapter 3111. of the	11101
Revised Code.	11102

~~(j)~~(h) The person or male minor otherwise admitted or	11103
acknowledged himself to be the child's natural father.	11104

~~(C)~~(B) A court shall not grant relief from a final judgment,	11105
court order, or administrative determination or order that	11106
determines that a person or male minor is the father of a child or	11107
~~that requires~~from a child support order under which a person or	11108
male minor ~~to pay child support for a child~~is the obligor if the	11109
court determines, by a preponderance of the evidence, that the	11110
person or male minor knew that he was not the natural father of	11111
the child before any of the following:	11112

(1) Any act listed in divisions ~~(B)~~(A)(2)(a) to ~~(g)~~(d)and	11113
(A)(2)(f) of this section occurred.	11114

(2) The person or male minor was presumed to be the natural	11115
father of the child under any of the circumstances listed in	11116
divisions (A)(1) to ~~(4)~~(3) of section 3111.03 of the Revised Code.	11117

(3) The person or male minor otherwise admitted or	11118
acknowledged himself to be the child's father.	11119

~~(D)(1) In any action for relief instituted under this~~	11120
~~section, if the genetic test results submitted in connection with~~	11121
~~the motion for relief are solely provided by the moving party, the~~	11122
~~court, upon its own motion, may order and, upon the motion of any~~	11123
~~party to the action, shall order the child's mother, the child,~~	11124
~~and the alleged father to submit to genetic tests. The clerk of~~	11125
~~the court shall schedule the genetic testing no later than thirty~~	11126
~~days after the court issues its order.~~	11127

~~(2) If the mother is the custodian of the child and~~	11128
~~willfully fails to submit the child to genetic testing, if the~~	11129
~~alleged father of the child willfully fails to submit himself to~~	11130
~~genetic testing, or if the alleged father is the custodian of the~~	11131
~~child and willfully fails to submit the child to genetic testing,~~	11132
~~the court shall issue an order determining the motion for relief~~	11133
~~against the party failing to submit the party or the child to the~~	11134
~~genetic testing. If a party shows good cause for failing to~~	11135
~~submit to genetic testing or for failing to submit the child to~~	11136
~~genetic testing, the court shall not consider the failure to be~~	11137
~~willful.~~	11138

~~(3) The party requesting the genetic tests shall pay any~~	11139
~~fees charged for the tests, unless the custodian of the child is~~	11140
~~represented by the child support enforcement agency in its role as~~	11141
~~the agency providing enforcement of child support orders, in which~~	11142
~~case the child support enforcement agency shall pay the costs of~~	11143
~~genetic testing if it requests the tests. The child support~~	11144
~~enforcement agency or the person who paid the fees charged for the~~	11145
~~genetic testing may seek reimbursement for the fees from the~~	11146
~~person against whom the court assesses the costs of the action.~~	11147

~~(4) The genetic tests shall be made by qualified examiners~~	11148
~~who are authorized by the court or the department of job and~~	11149
~~family services or by a genetic testing laboratory accredited by~~	11150
~~the american association of blood banks. An examiner conducting a~~	11151
~~genetic test, upon the completion of the test, shall send a~~	11152
~~complete report of the test results to the clerk of the court that~~	11153
~~ordered the test.~~	11154

~~(E) If a court grants a motion that relieves a person or~~	11155
~~male minor from a final judgment, court order, or administrative~~	11156
~~determination or order under this section, the granting of the~~	11157
~~motion does not preclude any person from filing, subsequent to the~~	11158
~~granting of the motion, an action under Chapter 3111. of the~~	11159
~~Revised Code to establish a parent-child relationship between the~~	11160
~~person or male minor who was granted relief and the child who is~~	11161
~~the subject of the judgment, court order, or administrative~~	11162
~~determination or order from which relief was granted. A person~~	11163
~~shall not file more than one action of that type under Chapter~~	11164
~~3111. of the Revised Code in any two-year period regarding the~~	11165
~~person or male minor who was granted relief and the child. A~~	11166
~~court, pursuant to a motion filed under this division and in~~	11167
~~accordance with Chapter 3111. of the Revised Code, may enter a~~	11168
~~judgment in the action that determines the existence of a~~	11169
~~parent-child relationship between the person or male minor granted~~	11170
~~relief and the child only if genetic tests taken subsequent to the~~	11171
~~granting of the motion for relief indicate that there is a~~	11172
~~statistical probability that the party or the male minor is the~~	11173
~~natural father of the child. If a person files an action under~~	11174
~~Chapter 3111. of the Revised Code as described in this division~~	11175
~~and the court determines that no parent-child relationship exists~~	11176
~~between the person or the male minor and the child, the court~~	11177
~~shall require the person who filed the action to pay all court~~	11178
~~costs of the action and the reasonable attorney's fees of the~~	11179
~~opposing party.~~	11180

~~(F) If a court grants relief from a judgment, court order,~~	11181
~~or administrative determination or order pursuant to this section~~	11182
~~and the person who is relieved from the judgment, order, or~~	11183
~~determination, the male minor, or any relative of the person or~~	11184
~~male minor has been granted companionship or visitation rights~~	11185
~~with the child pursuant to an order issued under section 3109.051~~	11186
~~or 3109.12 of the Revised Code, the court shall determine whether~~	11187
~~the order granting those rights should be terminated, modified, or~~	11188
~~continued.~~	11189

~~(G) If a court grants relief from a judgment, court order,~~	11190
~~or administrative order for the payment of child support pursuant~~	11191
~~to this section and child support arrearages are owed, the court~~	11192
~~may issue an order canceling that arrearage. Nothing in this~~	11193
~~section limits any actions that may be taken by the person or male~~	11194
~~minor granted relief under this section to recover child support~~	11195
~~paid under the judgment or order from which relief was granted.~~	11196

~~(H) If relief from a judgment, court order, or~~	11197
~~administrative order for the payment of child support is not~~	11198
~~granted pursuant to this section, the court shall require the~~	11199
~~person who filed the motion for relief to pay all court costs of~~	11200
~~the action and the reasonable attorney's fees of the opposing~~	11201
~~party.~~	11202

~~(I) Except as otherwise provided in this section, a party is~~	11203
~~entitled to obtain relief under this section regardless of whether~~	11204
~~the final judgment, court order, or administrative determination~~	11205
~~or order from which relief is sought was issued prior to, on, or~~	11206
~~after the effective date of this section.~~	11207

~~(J) As used in this section:~~

11208

~~(1) "Child support" means support for a child that is~~	11209
~~included in a support order issued or modified prior to, on, or~~	11210
~~after the effective date of this section, under former section~~	11211
~~3111.21 or section 2151.23, 2151.33, 2151.36, 2151.49, 3105.21,~~	11212
~~3109.05, 3109.19, 3111.13, 3111.20, 3111.22, 3111.27, 3113.04,~~	11213
~~3113.07, 3113.216, or 3113.31 of the Revised Code.~~	11214

~~(2) "Genetic tests" and "genetic testing" have the same~~	11215
~~meanings as in section 3111.09 of the Revised Code.~~	11216

(C)If the determination of paternity from which relief is	11217
sought is an acknowledgment of paternity that has become final	11218
under section 2151.232, 3111.25, or 3111.821 of the Revised Code	11219
or former section 3111.211 or 5101.314 of the Revised Code, and	11220
the court grants the motion for relief, it shall order the	11221
acknowledgment to be rescinded and destroyed and order the	11222
department of job and family services to remove all information	11223
relating to the acknowledgment from the birth registry.	11224

Sec. 3119.963. (A) In any action for relief instituted under	11225
section 3119.961 of the Revised Code, if the genetic test results	11226
submitted pursuant to section 3119.962 of the Revised Code in	11227
connection with the motion for relief are solely provided by the	11228
moving party, the court, upon its own motion, may order and, upon	11229
the motion of any party to the action, shall order the child's	11230
mother, the child, and the alleged father to submit to genetic	11231
tests. The clerk of the court shall schedule the genetic testing	11232
no later than thirty days after the court issues its order.	11233

(B) If the mother is the custodian of the child and willfully	11234
fails to submit the child to genetic testing, if the alleged	11235
father of the child willfully fails to submit himself to genetic	11236
testing, or if the alleged father is the custodian of the child	11237
and willfully fails to submit the child to genetic testing, the	11238
court shall issue an order determining the motion for relief	11239
against the party failing to submit the party or the child to the	11240
genetic testing. If a party shows good cause for failing to	11241
submit to genetic testing or for failing to submit the child to	11242
genetic testing, the court shall not consider the failure to be	11243
willful.	11244

(C) The party requesting the genetic tests shall pay any fees	11245
charged for the tests, unless the custodian of the child is	11246
represented by the child support enforcement agency in its role as	11247
the agency providing enforcement of child support orders, in which	11248
case the child support enforcement agency shall pay the costs of	11249
genetic testing if it requests the tests. The child support	11250
enforcement agency or the person who paid the fees charged for the	11251
genetic testing may seek reimbursement for the fees from the	11252
person against whom the court assesses the costs of the action.	11253

(D) The genetic tests shall be made by qualified examiners	11254
who are authorized by the court or the department of job and	11255
family services or by a genetic testing laboratory accredited by	11256
the american association of blood banks. An examiner conducting a	11257
genetic test, upon the completion of the test, shall send a	11258
complete report of the test results to the clerk of the court that	11259
ordered the test.	11260

Sec. 3119.964. (A) If a court grants relief from a judgment,	11261
order, or determination pursuant to section 3119.962 of the	11262
Revised Code and if the person who is relieved or the male minor	11263
has been granted parenting time rights pursuant to an order issued	11264
under section 3109.051 or 3109.12 of the Revised Code, or if any	11265
relative of the person or male minor has been granted	11266
companionship or visitation rights with the child pursuant to an	11267
order issued under section 3109.051 or 3109.12 of the Revised	11268
Code, the court shall determine whether the order granting those	11269
rights should be terminated, modified, or continued.	11270

(B) If a court grants relief from a child support order	11271
pursuant to section 3119.962 of the Revised Code and support	11272
arrearages are owed, the court may issue an order canceling that	11273
arrearage. Nothing in this section limits any actions that may be	11274
taken by the person or male minor granted relief under this	11275
section to recover support paid under the child support order from	11276
which relief was granted.	11277

Sec. 3119.965. If a court grants a motion that relieves a	11278
person or male minor from a judgment, order, or determination	11279
under section 3119.962 of the Revised Code, the granting of the	11280
motion does not preclude any person from filing, subsequent to the	11281
granting of the motion, an action under Chapter 3111. of the	11282
Revised Code to establish a parent-child relationship between the	11283
person or male minor who was granted relief and the child who is	11284
the subject of the judgment, order, or determination from which	11285
relief was granted. A person shall not file more than one action	11286
of that type under Chapter 3111. of the Revised Code in any	11287
two-year period regarding the person or male minor who was granted	11288
relief and the child. A court, pursuant to a motion filed under	11289
this division and in accordance with Chapter 3111. of the Revised	11290
Code, may enter a judgment in the action that determines the	11291
existence of a parent-child relationship between the person or	11292
male minor granted relief and the child only if genetic tests	11293
taken subsequent to the granting of the motion for relief indicate	11294
that there is a statistical probability that the party or the male	11295
minor is the natural father of the child.	11296

Sec. 3119.966. (A) If relief from a child support order is	11297
not granted pursuant to section 3119.962 of the Revised Code, the	11298
court shall require the person who filed the motion for relief to	11299
pay all court costs of the action and the reasonable attorney's	11300
fees of the opposing party.	11301

(B) If a person files an action under Chapter 3111. of the	11302
Revised Code as described in section 3119.965 of the Revised Code	11303
and the court determines that no parent-child relationship exists	11304
between the person or the male minor and the child, the court	11305
shall require the person who filed the action to pay all court	11306
costs of the action and the reasonable attorney's fees of the	11307
opposing party.	11308

Sec. 3119.967. Except as otherwise provided in sections	11309
3119.961 to 3119.967 of the Revised Code, a party is entitled to	11310
obtain relief under section 3119.962 of the Revised Code	11311
regardless of whether the judgment, order, or determination from	11312
which relief is sought was issued prior to, on, or after October	11313
27, 2000.	11314

Sec. 3121.01. As used in this chapter:

11315

(A) "Court child support order," "court support order," and	11316
"personal earnings" have the same meanings as in section 3119.01	11317
of the Revised Code.	11318

(B) "Default" means any failure to pay under a support order	11319
that is an amount greater than or equal to the amount of support	11320
payable under the support order for one month.	11321

(C) "Financial institution" means a bank, savings and loan	11322
association, or credit union, or a regulated investment company or	11323
mutual fund.	11324

(D) "Income" means any form of monetary payment, including	11325
personal earnings; workers' compensation payments; unemployment	11326
compensation benefits to the extent permitted by, and in	11327
accordance with, sections 3121.07 and 4141.282 of the Revised	11328
Code, and federal law governing the department of job and family	11329
services; pensions; annuities; allowances; private or governmental	11330
retirement benefits; disability or sick pay; insurance proceeds;	11331
lottery prize awards; federal, state, or local government benefits	11332
to the extent that the benefits can be withheld or deducted under	11333
the law governing the benefits; any form of trust fund or	11334
endowment; lump sum payments; and any other payment in money.	11335

(E) "Payor" means any person or entity that pays or	11336
distributes income to an obligor, including an obligor if the	11337
obligor is self-employed; an employer; an employer paying an	11338
obligor's workers' compensation benefits; the public employees	11339
retirement board; the governing entity of a municipal retirement	11340
system; the board of trustees of the Ohio police and fire pension	11341
fund; the state teachers retirement board; the school employees	11342
retirement board; the state highway patrol retirement board; the	11343
bureau of workers' compensation; or any other person or entity	11344
other than the department of job and family services with respect	11345
to unemployment compensation benefits paid pursuant to Chapter	11346
4141. of the Revised Code.	11347

Sec. 3121.02. In any action in which a support order is	11348
issued or modified, one of the following shall apply, as	11349
appropriate, to ensure that withholding or deduction from the	11350
income or assets of the obligor is available from the commencement	11351
of the support order for the collection of the support and any	11352
arrearages that occur:	11353

(A) The court, with respect to a court support order, or the	11354
child support enforcement agency, with respect to an	11355
administrative child support order, shall require the withholding	11356
or deduction of income or assets of the obligor under section	11357
3121.03 of the Revised Code.	11358

(B) The court, with respect to a court support order, shall	11359
issue another type of court order under division (C) or (D) of	11360
section 3121.03 of the Revised Code or section 3121.04, 3121.05,	11361
3121.06, or 3121.12 of the Revised Code.	11362

(C) The agency, with respect to an administrative child	11363
support order, shall issue an administrative order, or request	11364
that the court issue a court order, under division (C) or (D) of	11365
section 3121.03 of the Revised Code or section 3121.12 of the	11366
Revised Code.	11367

Sec. 3121.03. If a court or child support enforcement agency	11368
that issued or modified a support order, or the agency	11369
administering the support order, is required by the Revised Code	11370
to issue one or more withholding or deduction notices described in	11371
this section or other orders described in this section, the court	11372
or agency shall issue one or more of the following types of	11373
notices or orders, as appropriate, for payment of the support and	11374
also, if required by the Revised Code or the court, to pay any	11375
arrearages:	11376

(A)(1) If the court or the child support enforcement agency	11377
determines that the obligor is receiving income from a payor, the	11378
court or agency shall require the payor to do all of the	11379
following:	11380

(a) Withhold from the obligor's income a specified amount for	11381
support in satisfaction of the support order and begin the	11382
withholding no later than fourteen business days following the	11383
date the notice is mailed to the payor under section 3121.035 or	11384
3123.06 of the Revised Code and division (A)(2) of this section	11385
or, if the payor is an employer, no later than the first pay	11386
period that occurs after fourteen business days following the date	11387
the notice is mailed;	11388

(b) Send the amount withheld to the office of child support	11389
in the department of job and family services pursuant to section	11390
3121.43 of the Revised Code immediately but not later than seven	11391
business days after the date the obligor is paid;	11392

(c) Continue the withholding at intervals specified in the	11393
notice until further notice from the court or child support	11394
enforcement agency.	11395

To the extent possible, the amount specified to be withheld	11396
shall satisfy the amount ordered for support in the support order	11397
plus any arrearages owed by the obligor under any prior support	11398
order that pertained to the same child or spouse, notwithstanding	11399
any applicable limitations of sections 2329.66, 2329.70, 2716.02,	11400
2716.041, and 2716.05 of the Revised Code. However, in no case	11401
shall the sum of the amount to be withheld and any fee withheld by	11402
the payor as a charge for its services exceed the maximum amount	11403
permitted under section 303(b) of the "Consumer Credit Protection	11404
Act," 15 U.S.C. 1673(b).	11405

(2) A court or agency that imposes an income withholding	11406
requirement shall, within the applicable time specified in section	11407
3119.80, 3119.81, 3121.035, or 3123.06 of the Revised Code, send	11408
to the obligor's payor by regular mail a notice that contains all	11409
of the information applicable to withholding notices set forth in	11410
section 3121.037 of the Revised Code. The notice is final and is	11411
enforceable by the court.	11412

(B)(1) If the court or child support enforcement agency	11413
determines that the obligor has funds that are not exempt under	11414
the laws of this state or the United States from execution,	11415
attachment, or other legal process and are on deposit in an	11416
account in a financial institution under the jurisdiction of the	11417
court that issued the court support order, or in the case of an	11418
administrative child support order, under the jurisdiction of the	11419
common pleas court of the county in which the agency that issued	11420
or is administering the order is located, the court or agency may	11421
require any financial institution in which the obligor's funds are	11422
on deposit to do all of the following:	11423

(a) Deduct from the obligor's account a specified amount for	11424
support in satisfaction of the support order and begin the	11425
deduction no later than fourteen business days following the date	11426
the notice was mailed to the financial institution under section	11427
3121.035 or 3123.06 of the Revised Code and division (B)(2) of	11428
this section;	11429

(b) Send the amount deducted to the office of child support	11430
in the department of job and family services pursuant to section	11431
3121.43 of the Revised Code immediately but not later than seven	11432
business days after the date the latest deduction was made;	11433

11434

(d) Continue the deduction at intervals specified in the	11435
notice until further notice from the court or child support	11436
enforcement agency.	11437

To the extent possible, the amount to be deducted shall	11438
satisfy the amount ordered for support in the support order plus	11439
any arrearages that may be owed by the obligor under any prior	11440
support order that pertained to the same child or spouse,	11441
notwithstanding the limitations of sections 2329.66, 2329.70, and	11442
2716.13 of the Revised Code.	11443

(2) A court or agency that imposes a deduction requirement	11444
shall, within the applicable period of time specified in section	11445
3119.80, 3119.81, 3121.035, or 3123.06 of the Revised Code, send	11446
to the financial institution by regular mail a notice that	11447
contains all of the information applicable to deduction notices	11448
set forth in section 3121.037 of the Revised Code. The notice is	11449
final and is enforceable by the court.	11450

(C) With respect to any court support order it issues, a	11451
court may issue an order requiring the obligor to enter into a	11452
cash bond with the court. The court shall issue the order as part	11453
of the court support order or, if the court support order has	11454
previously been issued, as a separate order. The cash bond shall	11455
be in a sum fixed by the court at not less than five hundred nor	11456
more than ten thousand dollars, conditioned that the obligor will	11457
make payment as previously ordered and will pay any arrearages	11458
under any prior court support order that pertained to the same	11459
child or spouse.	11460

The order, along with an additional order requiring the	11461
obligor to immediately notify the child support enforcement	11462
agency, in writing, if the obligor begins to receive income from a	11463
payor, shall be attached to and served on the obligor at the same	11464
time as service of the court support order or, if the court	11465
support order has previously been issued, as soon as possible	11466
after the issuance of the order under this section. The	11467
additional order requiring notice by the obligor shall state all	11468
of the following:	11469

(1) That when the obligor begins to receive income from a	11470
payor the obligor may request that the court cancel its bond order	11471
and instead issue a notice requiring the withholding of an amount	11472
from income for support in accordance with this section;	11473

(2) That when the obligor begins to receive income from a	11474
payor the court will proceed to collect on the bond if the court	11475
determines that payments due under the court support order have	11476
not been made and that the amount that has not been paid is at	11477
least equal to the support owed for one month under the court	11478
support order and will issue a notice requiring the withholding of	11479
an amount from income for support in accordance with this section.	11480
The notice required of the obligor shall include a description of	11481
the nature of any new employment, the name and business address of	11482
any new employer, and any other information reasonably required by	11483
the court.	11484

The court shall not order an obligor to post a cash bond	11485
under this section unless the court determines that the obligor	11486
has the ability to do so.	11487

A child support enforcement agency may not issue a cash bond	11488
order. If a child support enforcement agency is required to issue	11489
a withholding or deduction notice under this section with respect	11490
to a court support order but the agency determines that no	11491
withholding or deduction notice would be appropriate, the agency	11492
may request that the court issue a cash bond order under this	11493
section, and upon the request, the court may issue the order.	11494

(D)(1) If the obligor under a court support order is	11495
unemployed, has no income, and does not have an account at any	11496
financial institution, or on request of a child support	11497
enforcement agency under division (D)(1) or (2) of this section,	11498
the court shall issue an order requiring the obligor, if able to	11499
engage in employment, to seek employment or participate in a work	11500
activity to which a recipient of assistance under Title IV-A of	11501
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	11502
as amended, may be assigned as specified in section 407(d) of the	11503
"Social Security Act," 42 U.S.C.A. 607(d), as amended. The court	11504
shall include in the order a requirement that the obligor notify	11505
the child support enforcement agency on obtaining employment,	11506
obtaining any income, or obtaining ownership of any asset with a	11507
value of five hundred dollars or more. The court may issue the	11508
order regardless of whether the obligee to whom the obligor owes	11509
support is a recipient of assistance under Title IV-A of the	11510
"Social Security Act." The court shall issue the order as part of	11511
a court support order or, if a court support order has previously	11512
been issued, as a separate order. If a child support enforcement	11513
agency is required to issue a withholding or deduction notice	11514
under this section with respect to a court support order but	11515
determines that no withholding or deduction notice would be	11516
appropriate, the agency may request that the court issue a court	11517
order under division (D)(1) of this section, and, on the request,	11518
the court may issue the order.	11519

(2) If the obligor under an administrative child support	11520
order is unemployed, has no income, and does not have an account	11521
at any financial institution, the agency shall issue an	11522
administrative order requiring the obligor, if able to engage in	11523
employment, to seek employment or participate in a work activity	11524
to which a recipient of assistance under Title IV-A of the "Social	11525
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	11526
may be assigned as specified in section 407(d) of the "Social	11527
Security Act," 42 U.S.C.A. 607(d), as amended. The agency shall	11528
include in the order a requirement that the obligor notify the	11529
agency on obtaining employment or income, or ownership of any	11530
asset with a value of five hundred dollars or more. The agency	11531
may issue the order regardless of whether the obligee to whom the	11532
obligor owes support is a recipient of assistance under Title IV-A	11533
of the "Social Security Act." If an obligor fails to comply with	11534
an administrative order issued pursuant to division (D)(2) of this	11535
section, the agency shall submit a request to a court for the	11536
court to issue an order under division (D)(1) of this section.	11537

Sec. 3121.031. In any action in which a court support order	11538
is issued or modified, the court issuing or modifying the order	11539
shall conduct a hearing, prior to or at the time of the issuance	11540
of the order, to determine the employment status of the obligor,	11541
the obligor's social security number, the name and business	11542
address of the obligor's employer, and any other information	11543
necessary to enable the court or a child support enforcement	11544
agency to issue any withholding or deduction notice described in	11545
section 3121.03 of the Revised Code or for the court to issue a	11546
court order described in division (C) or (D) of section 3121.03 of	11547
the Revised Code. The court, prior to the hearing, shall give the	11548
obligor notice of the hearing. The notice shall include the date	11549
on which it is given and notice that the obligor is subject to	11550
withholding of a specified amount from income if employed and to	11551
one or more other types of withholding or deduction requirements	11552
described in section 3121.03 of the Revised Code or one or more	11553
types of court orders described in division (C) or (D) of section	11554
3121.03 of the Revised Code and that the obligor may present	11555
evidence and testimony at the hearing to prove that any of the	11556
requirements are not proper because of a mistake of fact.	11557

Sec. 3121.032. A court or child support enforcement agency	11558
that issues or modifies a support order shall determine the	11559
withholding or deduction requirements or other appropriate	11560
requirements applicable to the obligor under the support order in	11561
accordance with sections 3121.03, 3121.04 to 3121.08, and 3121.12	11562
of the Revised Code and include the requirements in the	11563
withholding or deduction notices described in section 3121.03 of	11564
the Revised Code or in the orders described in sections 3121.03,	11565
3121.04 to 3121.08, and 3121.12 of the Revised Code.	11566

Sec. 3121.033. If a court or child support enforcement	11567
agency is required to issue one or more notices or orders	11568
described in section 3121.03 of the Revised Code, the court or	11569
agency to the extent possible shall issue a sufficient number of	11570
the notices or orders to provide that the aggregate amount	11571
withheld or deducted under those notices or orders satisfies the	11572
amount ordered for support in the support order plus any	11573
arrearages owed by the obligor under any prior support order that	11574
pertained to the same child or spouse, notwithstanding the	11575
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041,	11576
2713.05, 2716.13, and 4123.67 of the Revised Code. However, in no	11577
case shall the aggregate amount withheld pursuant to a withholding	11578
notice described in section 3121.03 of the Revised Code and any	11579
fees withheld pursuant to the notice as a charge for services	11580
exceed the maximum amount permitted under section 303(b) of the	11581
"Consumer Credit Protection Act," 15 U.S.C. 1673(b).	11582

Sec. 3121.034. (A) A withholding or deduction requirement	11583
contained in a withholding or deduction notice described in	11584
section 3121.03 of the Revised Code has priority over any order of	11585
attachment, any order in aid of execution, and any other legal	11586
process issued under state law against the same earnings,	11587
payments, or account.	11588

(B) When two or more withholding notices are received by a	11589
payor, the payor shall comply with all of the requirements	11590
contained in the notices to the extent that the total amount	11591
withheld from the obligor's income does not exceed the maximum	11592
amount permitted under section 303(b) of the "Consumer Credit	11593
Protection Act," 15 U.S.C. 1673(b), withhold amounts in accordance	11594
with the allocation set forth in divisions (B)(1) and (2) of this	11595
section, notify each court or child support enforcement agency	11596
that issued one of the notices of the allocation, and give	11597
priority to amounts designated in each notice as current support	11598
in the following manner:	11599

(1) If the total of the amounts designated in the notices as	11600
current support exceeds the amount available for withholding under	11601
section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C.	11602
1673(b), the payor shall allocate to each notice an amount for	11603
current support equal to the amount designated in that notice as	11604
current support multiplied by a fraction in which the numerator is	11605
the amount of income available for withholding and the denominator	11606
is the total amount designated in all of the notices as current	11607
support.	11608

(2) If the total of the amounts designated in the notices as	11609
current support does not exceed the amount available for	11610
withholding under section 303(b) of the "Consumer Credit	11611
Protection Act," 15 U.S.C. 1673(b), the payor shall pay all of the	11612
amounts designated as current support in the notices and shall	11613
allocate to each notice an amount for past-due support equal to	11614
the amount designated in that notice as past-due support	11615
multiplied by a fraction in which the numerator is the amount of	11616
income remaining available for withholding after the payment of	11617
current support and the denominator is the total amount designated	11618
in all of the notices as past-due support.	11619

Sec. 3121.035. Within fifteen days after an obligor under a	11620
support order is located following issuance or modification of the	11621
support order or within fifteen days after default under a support	11622
order, whichever is applicable, the court or child support	11623
enforcement agency that issued or modified the support order, or	11624
the agency, pursuant to an agreement with the court with respect	11625
to a court support order, shall do either of the following:	11626

(A) If a withholding or deduction notice described in section	11627
3121.03 of the Revised Code is appropriate, send the notice by	11628
regular mail to each person required to comply with it;	11629

(B) If an order described in section 3121.03, 3121.04 to	11630
3121.08, or 3121.12 of the Revised Code is appropriate, issue and	11631
send the appropriate order.	11632

Sec. 3121.036. (A) A court or agency that sends a	11633
withholding or deduction notice under section 3121.03 of the	11634
Revised Code to an obligor shall attach to the notice an	11635
additional notice requiring the obligor to immediately notify the	11636
child support enforcement agency administering the support order,	11637
in writing, of the following:	11638

(1) In the case of a withholding notice:

11639

(a) Any change in the obligor's income source and of the	11640
availability of any other sources of income that can be the	11641
subject of withholding or deduction;	11642

(b) The nature of any new employment or income source and the	11643
name, business address, and telephone number of the new employer	11644
or income source;	11645

(c) Any other information reasonably required by the court or	11646
agency.	11647

(2) In the case of a deduction notice:

11648

(a) Any change in the status of the account from which the	11649
support is being deducted or the opening of a new account with any	11650
financial institution, of the commencement of employment,	11651
including self-employment, or of the availability of any other	11652
sources of income that can be the subject of withholding or	11653
deduction;	11654

(b) The nature of any new account opened at a financial	11655
institution and the name and business address of that financial	11656
institution;	11657

(c) The nature of any new employment or income source and the	11658
name, business address, and telephone number of the new employer	11659
or income source;	11660

(d) Any other information reasonably required by the court or	11661
agency.	11662

(C) The additional notice required by this section shall	11663
specify that, on commencement of employment, the obligor may	11664
request that the court or child support enforcement agency cancel	11665
its deduction notice and instead issue a withholding notice to	11666
collect support amounts and that, on commencement of employment,	11667
the court or agency may cancel its deduction notice and instead	11668
issue a withholding notice to collect support amounts.	11669

(D) The court or agency shall serve the additional notice	11670
required by this section on the obligor at the time of service of	11671
the support order or, if the support order has been issued	11672
previously, shall send the notice to the obligor by regular mail	11673
at the last known address at the time it sends the withholding	11674
notice to the payor or the deduction notice to a financial	11675
institution.	11676

(E) No obligor shall fail to give the notice described in	11677
division (A)(1) of this section.	11678

Sec. 3121.037. (A) A withholding notice sent under section	11679
3121.03 of the Revised Code shall contain all of the following:	11680

(1) Notice of the amount to be withheld from the obligor's	11681
income and a statement that, notwithstanding that amount, the	11682
payor may not withhold an amount for support and other purposes,	11683
including the fee described in division (A)(11) of this section,	11684
that exceeds the maximum amounts permitted under section 303(b) of	11685
the "Consumer Credit Protection Act," 15 U.S.C. 1673(b);	11686

(2) A statement that the payor is required to send the amount	11687
withheld to the office of child support immediately, but not later	11688
than seven business days, after the obligor is paid and is	11689
required to report to the agency the date the amount was withheld;	11690

(3) A statement that the withholding is binding on the payor	11691
until further notice from the court or agency;	11692

(4) A statement that if the payor is an employer, the payor	11693
is subject to a fine to be determined under the law of this state	11694
for discharging the obligor from employment, refusing to employ	11695
the obligor, or taking any disciplinary action against the obligor	11696
because of the withholding requirement;	11697

(5) A statement that, if the payor fails to withhold in	11698
accordance with the notice, the payor is liable for the	11699
accumulated amount the payor should have withheld from the	11700
obligor's income;	11701

(6) A statement that the withholding in accordance with the	11702
notice has priority over any other legal process under the law of	11703
this state against the same income;	11704

(7) The date on which the notice was mailed and a statement	11705
that the payor is required to implement the withholding no later	11706
than fourteen business days following the date the notice was	11707
mailed or, if the payor is an employer, no later than the first	11708
pay period that occurs after fourteen business days following the	11709
date the notice was mailed, and is required to continue the	11710
withholding at the intervals specified in the notice.	11711

(8) A requirement that the payor do the following:

11712

(a) Promptly notify the child support enforcement agency	11713
administering the support order, in writing, within ten business	11714
days after the date of any situation that occurs in which the	11715
payor ceases to pay income to the obligor in an amount sufficient	11716
to comply with the order, including termination of employment,	11717
layoff of the obligor from employment, any leave of absence of the	11718
obligor from employment without pay, termination of workers'	11719
compensation benefits, or termination of any pension, annuity,	11720
allowance, or retirement benefit;	11721

(b) Provide the agency with the obligor's last known address	11722
and, with respect to a court support order and if known, notify	11723
the agency of any new employer or income source and the name,	11724
address, and telephone number of the new employer or income	11725
source.	11726

(9) A requirement that, if the payor is an employer, the	11727
payor do both of the following:	11728

(a) Identify in the notice given under division (A)(8) of	11729
this section any types of benefits other than personal earnings	11730
the obligor is receiving or is eligible to receive as a benefit of	11731
employment or as a result of the obligor's termination of	11732
employment, including, but not limited to, unemployment	11733
compensation, workers' compensation benefits, severance pay, sick	11734
leave, lump sum payments of retirement benefits or contributions,	11735
and bonuses or profit-sharing payments or distributions, and the	11736
amount of the benefits;	11737

(b) Include in the notice the obligor's last known address	11738
and telephone number, date of birth, social security number, and	11739
case number and, if known, the name and business address of any	11740
new employer of the obligor.	11741

(10) A requirement that, no later than the earlier of	11742
forty-five days before a lump sum payment is to be made or, if the	11743
obligor's right to the lump sum payment is determined less than	11744
forty-five days before it is to be made, the date on which that	11745
determination is made, the payor notify the child support	11746
enforcement agency administering the support order of any lump sum	11747
payment of any kind of one hundred fifty dollars or more that is	11748
to be paid to the obligor, hold each lump sum payment of one	11749
hundred fifty dollars or more for thirty days after the date on	11750
which it would otherwise be paid to the obligor and, on order of	11751
the court or agency that issued the support order, pay all or a	11752
specified amount of the lump sum payment to the office of child	11753
support;	11754

(11) A statement that, in addition to the amount withheld for	11755
support, the payor may withhold a fee from the obligor's income as	11756
a charge for its services in complying with the notice and a	11757
specification of the amount that may be withheld.	11758

(B) A deduction notice sent under section 3121.03 of the	11759
Revised Code shall contain all of the following:	11760

(1) Notice of the amount to be deducted from the obligor's	11761
account;	11762

(2) A statement that the financial institution is required to	11763
send the amount deducted to the office of child support	11764
immediately, but not later than seven business days, after the	11765
date the last deduction was made and to report to the child	11766
support enforcement agency the date on which the amount was	11767
deducted;	11768

(3) A statement that the deduction is binding on the	11769
financial institution until further notice from the court or	11770
agency;	11771

(4) A statement that the deduction in accordance with the	11772
notice has priority over any other legal process under the law of	11773
this state against the same account;	11774

(5) The date on which the notice was mailed and a statement	11775
that the financial institution is required to implement the	11776
deduction no later than fourteen business days following that date	11777
and to continue the deduction at the intervals specified in the	11778
notice;	11779

(6) A requirement that the financial institution promptly	11780
notify the child support enforcement agency administering the	11781
support order, in writing, within ten days after the date of any	11782
termination of the account from which the deduction is being made	11783
and notify the agency, in writing, of the opening of a new account	11784
at that financial institution, the account number of the new	11785
account, the name of any other known financial institutions in	11786
which the obligor has any accounts, and the numbers of those	11787
accounts;	11788

(7) A requirement that the financial institution include in	11789
all notices the obligor's last known mailing address, last known	11790
residence address, and social security number;	11791

(8) A statement that, in addition to the amount deducted for	11792
support, the financial institution may deduct a fee from the	11793
obligor's account as a charge for its services in complying with	11794
the notice and a specification of the amount that may be deducted.	11795

Sec. 3121.038. No withholding or deduction notice or other	11796
order described in section 3121.03 of the Revised Code shall	11797
contain any information other than the information specifically	11798
required by the Revised Code and any additional information that	11799
the issuing court or agency determines may be necessary to comply	11800
with the notice.	11801

Sec. 3121.039. (A) For purposes of Chapters 3119., 3121.,	11802
3123., and 3125. of the Revised Code, the following shall be	11803
considered a withholding or deduction notice issued under section	11804
3121.03 of the Revised Code:	11805

(1) A withholding or deduction order that was issued under	11806
division (D) of section 3113.21 of the Revised Code as that	11807
division existed prior to December 31, 1993, and that was not	11808
terminated on or after that date;	11809

(2) A withholding or deduction notice that was issued under	11810
division (D) of section 3113.21 of the Revised Code as that	11811
division existed on and after December 31, 1993, and prior to the	11812
effective date of this section and that was not terminated on or	11813
after the effective date of this section;	11814

(3) A withholding or deduction order that was issued under	11815
former section 3111.23 of the Revised Code as that section existed	11816
prior to December 31, 1993, and that was not terminated on or	11817
after that date;	11818

(4) A withholding or deduction notice that was issued under	11819
former section 3111.23 of the Revised Code as that section existed	11820
on and after December 31, 1993, and prior to the effective date of	11821
this section and that was not terminated on or after the effective	11822
date of this section.	11823

(B) For purposes of Chapters 3119., 3121., 3123., and 3125.	11824
of the Revised Code, the following shall be considered orders	11825
issued under section 3121.03, 3121.04, 3121.05, 3121.06, or	11826
3121.12 of the Revised Code, as applicable:	11827

(1) An order issued under division (D)(6) or (7) or (H) of	11828
section 3113.21 of the Revised Code as that section existed prior	11829
to January 1, 1998, and that was not terminated on or after that	11830
date;	11831

(2) An order issued under division (D)(3) or (4) or (H) of	11832
section 3113.21 of the Revised Code as that division existed on	11833
and after January 1, 1998, and prior to the effective date of this	11834
section and that was not terminated on or after the effective date	11835
of this section;	11836

(3) An order issued under former section 3111.231 of the	11837
Revised Code and that was not terminated on or after the effective	11838
date of this section.	11839

Sec. 3121.0310. The department of job and family services	11840
shall adopt standard forms for support withholding and deduction	11841
notices described in section 3121.03 of the Revised Code. All	11842
courts and child support enforcement agencies shall use the forms	11843
in issuing withholding and deduction notices.	11844

Sec. 3121.04. When a person who fails to comply with a	11845
withholding notice described in section 3121.03 of the Revised	11846
Code and issued to enforce a court support order derives income	11847
from self-employment or commission, is employed by an employer not	11848
subject to the jurisdiction of the court, or is in any other	11849
employment situation that makes issuance of a withholding notice	11850
impracticable, the court may require the person to enter into a	11851
cash bond to the court in a sum fixed by the court at not less	11852
than five hundred nor more than ten thousand dollars, conditioned	11853
that the person will make payment as previously ordered.	11854

Sec. 3121.05. When a court determines at a hearing conducted	11855
under section 3123.05 of the Revised Code, or a child support	11856
enforcement agency determines at a hearing under section 3123.04	11857
of the Revised Code or pursuant to an investigation conducted	11858
under section 3123.02 of the Revised Code, that the obligor under	11859
the court support order in relation to which the hearing or	11860
investigation is conducted is unemployed and has no other source	11861
of income and no assets so that the application of sections	11862
3121.03 and 3123.06 of the Revised Code would be impracticable,	11863
the court shall issue an order as described in division (D)(1) of	11864
section 3121.03 of the Revised Code and shall order the obligor to	11865
notify the child support enforcement agency in writing immediately	11866
of the receipt of any source of income or of the opening of an	11867
account in a financial institution, and to include in the	11868
notification a description of the nature of the employment or	11869
income source, the name, business address, and telephone number of	11870
the employer or income source, and any other information	11871
reasonably required by the court.	11872

Sec. 3121.06. When a court determines, at a hearing	11873
conducted under section 3121.031 of the Revised Code with respect	11874
to a court support order being modified, that an obligor is	11875
unemployed, is not receiving workers' compensation payments, does	11876
not have an account in a financial institution, and has no other	11877
source of income and no assets so that the application of division	11878
(A), (B), or (C) of section 3121.03 of the Revised Code would be	11879
impracticable, the court shall issue an order as described in	11880
division (D)(1) of section 3121.03 of the Revised Code and shall	11881
order the obligor to notify the child support enforcement agency,	11882
in writing, immediately of the receipt of any source of income or	11883
of the opening of an account in a financial institution, and to	11884
include in the notification a description of the nature of the	11885
employment or income source, the name, business address, and	11886
telephone number of the employer or income source or the name,	11887
address, and telephone number of the financial institution, and	11888
any other information reasonably required by the court.	11889

~~Sec. 2301.371.~~ Sec. 3121.07. (A) If a child support enforcement	11890
agency discovers pursuant to an investigation conducted under	11891
section ~~2301.37~~3123.02 of the Revised Code that an obligor under	11892
a child support order that it is administering may be receiving	11893
unemployment compensation benefits or if a child support	11894
enforcement agency receives notice or otherwise discovers that an	11895
obligor under a child support order may be receiving unemployment	11896
compensation benefits, the agency promptly shall conduct an	11897
investigation to determine whether the obligor is receiving	11898
unemployment compensation benefits and to determine the amount of	11899
the benefits. The investigation shall be completed within ten	11900
days of the agency's discovery or receipt of the notice.	11901

(B)(1) Upon completion of an investigation conducted under	11902
division (A) of this section, if the agency finds that the obligor	11903
is receiving unemployment compensation benefits, it shall, in	11904
accordance with ~~sections 3111.20 to 3111.28, 3113.21 to 3113.219,~~	11905
Chapter 3121. of the Revised Code and section 4141.282 of the	11906
Revised Code and federal law governing the department of job and	11907
family services, notify the department of job and family services	11908
to withhold or deduct an amount from the unemployment compensation	11909
benefits to pay child support obligations. ~~Effective for~~	11910
~~applications to establish unemployment compensation benefit rights~~	11911
~~filed after December 27, 1997, the amount withheld with respect to~~	11912
~~a week of unemployment benefits shall not exceed fifty per cent of~~	11913
~~the individual's weekly benefit amount as determined by the~~	11914
~~director of job and family services.~~Any deduction from a source	11915
in accordance with this section and section 4141.282 of the	11916
Revised Code is in addition to, and does not preclude, any	11917
withholding or deduction for purposes of child support under	11918
Chapters 3119., 3121., and 3123. of the Revised Code.	11919

The agency may not impose the processing charge pursuant to	11920
~~division (G)(1) of~~ section ~~2301.35~~3119.27 of the Revised Code	11921
with respect to amounts withheld or deducted from unemployment	11922
compensation pursuant to this section.	11923

(2)(a)The department of job and family services, in	11924
accordance with section 4141.282 of the Revised Code, shall deduct	11925
and withhold from unemployment compensation payable to the	11926
obligor, and pay to the appropriate child support enforcement	11927
entity, WHICHEVER of the following is applicable:	11928

(i) Any amount required to be deducted and withheld from the	11929
unemployment compensation pursuant to legal process, as that term	11930
is defined in Title IV-D of the "Social Security Act," 88 Stat.	11931
2351 (1975), 42 U.S.C. 651 et seq., as amended, and properly	11932
served on the administrator, as described in section 4141.282 of	11933
the Revised Code;	11934

(ii) When division (B)(2)(a)(i) of this section is	11935
inapplicable, an amount determined pursuant to an agreement	11936
submitted to the administrator under Title IV-D of the "Social	11937
Security Act," 88 Stat. 2351, 42 U.S.C. 651 et seq., as amended,	11938
by the state or local child support enforcement agency;	11939

(iii) If neither division (b)(2)(a)(i) nor (ii) of this	11940
section is applicable, then the amount specified by the	11941
individual.	11942

(b) The amount of unemployment compensation subject to being	11943
withheld pursuant to division (b)(2)(a) of this section is that	11944
amount that remains payable to the individual after application of	11945
any recoupment provisions for recovery of overpayments and after	11946
deductions that have been made under Chapter 4141. of the Revised	11947
Code for deductible income received by the individual. Effective	11948
for applications to establish unemployment compensation benefit	11949
rights filed after December 27, 1997, the amount withheld with	11950
respect to a week of unemployment benefits shall not exceed fifty	11951
per cent of the individual's weekly benefit amount as determined	11952
by the administrator of the bureau of employment services.	11953

(c) any deduction and withholding pursuant to division (B)	11954
of this section from unemployment compensation payable to an	11955
obligor is subject to, and shall be in accordance with, section	11956
4141.282 of the Revised Code.	11957

(C) The director of job and family services shall adopt	11958
rules in accordance with Chapter 119. of the Revised Code to	11959
implement this section, which rules shall be consistent with	11960
section 4141.282 of the Revised Code and federal law governing the	11961
department.	11962

~~Sec. 3113.16.~~ Sec. 3121.08. (A) As used in this section:

11963

~~(1) "Child support order" has the same meaning as in section~~	11964
~~2301.373 of the Revised Code.~~	11965

~~(2) "Default," "obligor," and "obligee" have the same~~	11966
~~meanings as in section 2301.34 of the Revised Code.~~	11967

~~(3) "Prison~~,"prison," "prison term," and "jail" have the	11968
same meanings as in section 2929.01 of the Revised Code.	11969

(B) Notwithstanding any other section of the Revised Code,	11970
including sections 5145.16 and 5147.30 of the Revised Code,	11971
twenty-five per cent of any money earned pursuant to section	11972
5145.16 or 5147.30 of the Revised Code by a prisoner in a prison	11973
or jail who has a dependent child receiving assistance under	11974
Chapter 5107. of the Revised Code, shall be paid to the state	11975
department of job and family services.	11976

~~(C) Notwithstanding any other section of the Revised Code,~~	11977
~~including sections 5145.16 and 5147.30 of the Revised Code, and~~	11978
~~except as provided in division (B) of this section, twenty-five~~	11979
~~per cent of any money earned pursuant to section 5145.16 or~~	11980
~~5147.30 of the Revised Code by a prisoner in a prison or jail who~~	11981
~~is an obligor in default under a child support order according to~~	11982
~~the records of the child support enforcement agency administering~~	11983
~~the order, shall be paid to the agency for distribution to the~~	11984
~~obligee under the order pursuant to sections 3111.23 to 3111.28 or~~	11985
~~sections 3113.21 to 3113.219 of the Revised Code.~~	11986

Sec. 3119.96. As used in sections 3119.961 to 3119.967 of	11987
the Revised Code, "genetic tests" and "genetic testing" have the	11988
same meanings as in section 3111.09 of the Revised Code.	11989

Sec. 3121.09. An obligee owed support under a support order,	11990
or a court or child support enforcement agency on behalf of the	11991
obligee, may maintain a proceeding under Chapter 3115., 3119.,	11992
3121., 3123., or 3125. of the Revised Code, or under the	11993
comparable law of another state or country, against the state to	11994
withhold support from payments owed or to be owed to one of the	11995
following individuals who is the obligor under the support order:	11996

(A) An officer or employee of the state;

11997

(B) an individual who is under contract with the state or is	11998
owed or to be owed money from the state, including an individual	11999
who is the sole shareholder of a corporation or the sole member of	12000
a limited liability company.	12001

Sec. 3121.091. (A) A withholding notice or other order	12002
issued pursuant to Chapter 3115., 3119., 3121., or 3123. of the	12003
Revised Code with respect to an obligor described in section	12004
3121.09 of the Revised Code shall be served on one of the	12005
following:	12006

(1) if the obligor is an officer or employee of the state, on	12007
the director of administrative services;	12008

(2) if the obligor is an individual described in division (B)	12009
of section 3121.09 of the Revised Code, on the director of budget	12010
and management.	12011

(B) A notice or order described in this section shall set	12012
forth the following:	12013

(1) The name of the state agency that owes or will owe money	12014
to the individual against whom the notice or order is issued;	12015

(2) If money is to be withheld from a corporation or a	12016
limited liability company to pay the support obligation of an	12017
individual who is an obligor, evidence that the obligor is the	12018
sole shareholder of the corporation or the sole member of the	12019
limited liability company.	12020

Sec. 3121.11. When a child support enforcement agency	12021
receives notice that a lump sum payment of one hundred fifty	12022
dollars or more is to be paid to an obligor who is subject to a	12023
court support order, the agency shall notify the court of the	12024
receipt of the notice and its contents. The agency may notify the	12025
court if the notice specifies that a lump sum payment of less than	12026
one hundred fifty dollars is to be paid to the obligor.	12027

Sec. 3121.12. (A) On receipt of a notice that a lump sum	12028
payment of one hundred fifty dollars or more is to be paid to the	12029
obligor, the court, with respect to a court support order, or the	12030
child support enforcement agency, with respect to an	12031
administrative child support order, shall do either of the	12032
following:	12033

(1) If the obligor is in default under the support order or	12034
has any arrearages under the support order, issue an order	12035
requiring the transmittal of the lump sum payment to the office of	12036
child support;	12037

(2) If the obligor is not in default under the support order	12038
and does not have any arrearages under the support order, issue an	12039
order directing the person who gave the notice to the court or	12040
agency to immediately pay the full amount of the lump sum payment	12041
to the obligor.	12042

(B) On receipt of any moneys pursuant to division (A) of this	12043
section, the office of child support shall pay the amount of the	12044
lump sum payment that is necessary to discharge all of the	12045
obligor's arrearages to the obligee and, within two business days	12046
after its receipt of the money, any amount that is remaining after	12047
the payment of the arrearages to the obligor.	12048

(C) A court that issued an order prior to January 1, 1998,	12049
requiring an employer to withhold an amount from an obligor's	12050
personal earnings for the payment of support shall issue a	12051
supplemental order that does not change the original order or the	12052
related support order requiring the employer to do all of the	12053
following:	12054

(1) No later than the earlier of forty-five days before a	12055
lump sum payment is to be made or, if the obligor's right to a	12056
lump sum payment is determined less than forty-five days before it	12057
is to be made, the date on which that determination is made,	12058
notify the child support enforcement agency of any lump sum	12059
payment of any kind of one hundred fifty dollars or more that is	12060
to be paid to the obligor;	12061

(2) Hold the lump sum payment for thirty days after the date	12062
on which it would otherwise be paid to the obligor;	12063

(3) On order of the court, pay any specified amount of the	12064
lump sum payment to the office of child support.	12065

(D) An employer that knowingly fails to notify the child	12066
support enforcement agency in accordance with this section or	12067
section 3121.03 of the Revised Code of any lump sum payment to be	12068
made to an obligor is liable for any support payment not made to	12069
the obligee as a result of its knowing failure to give the notice.	12070

~~Sec. 3113.212.~~ Sec. 3121.14. ~~(A)~~ When a court has issued a court	12071
support order or a child support enforcement agency has issued an	12072
administrative child support order, when the issuing court or a	12073
~~child support enforcement~~ agency,or the agency administering the	12074
support order, has issued one or more notices containing one or	12075
more of the requirements described in ~~division (D) of~~ section	12076
~~3113.21~~3121.03 of the Revised Code or when a court or agency that	12077
issued the support order has issued one or more ~~court~~ orders	12078
described in division ~~(D)(3)~~(C) or ~~(4)~~(D) of that section, and	12079
when either the child support enforcement agency administering the	12080
support order receives a notification ~~as described in division~~	12081
~~(D), (G), or (H) of section 3113.21 of the Revised Code~~ that	12082
pertains to a change in the source of income or status of accounts	12083
in a financial institution of the obligor or the ~~child support~~	12084
~~enforcement~~ agency administering the support order otherwise	12085
determines that the source of income or status of accounts in a	12086
financial institution of the obligor has changed, the ~~child~~	12087
~~support enforcement~~ agency administering the support order	12088
immediately shall conduct an investigation to determine the	12089
obligor's present source of income or assets, and the obligor's	12090
address and social security number and shall issue one or more	12091
notices described in ~~division (D) of~~ section ~~3113.21~~3121.03 of	12092
the Revised Code that it determines are appropriate. If the	12093
agency determines that no notice of the type described in ~~division~~	12094
~~(D)(1) or (2) of~~ that section would be appropriate, the agency,	12095
with respect to a court support order, may request the court to	12096
issue a court order under division ~~(D)(3)~~(C) or ~~(4)~~(D) of that	12097
section, and~~, upon~~the agency may issue, with respect to an	12098
administrative child support order, an administrative order under	12099
division (D) of that section. On receipt of the request, the	12100
court,with respect to a court support order, may issue an order	12101
as described in ~~that~~ division (C)or (D) of section 3121.03 of the	12102
Revised Code, and the agency, with respect to an administrative	12103
child support order, may issue an administrative order under	12104
division (D) of section 3121.03 of the Revised Code. The notices	12105
and court orders are final and are enforceable by the court. The	12106
notices shall be mailed within fifteen days after the obligor	12107
under the support order is located or within fifteen days after	12108
the default under the support order, whichever is applicable.	12109

If the court or ~~child support enforcement~~ agency that issued	12110
the support order, or the agency administering the support order,	12111
previously has issued one or more notices containing one or more	12112
of the requirements described in ~~division (D) of~~ section ~~3113.21~~	12113
3121.03 of the Revised Code or, the court previously has issued	12114
one or more court orders described in division ~~(D)(3)~~(C) or ~~(4)~~(D)	12115
of that section,or the agency has previously issued an order	12116
described under division (D) of that section and the ~~child support~~	12117
~~enforcement~~ agency administering the support order determines that	12118
any of the requirements or ~~court~~ orders no longer are appropriate	12119
due to the change, the agency administering the support order	12120
immediately shall cancel any previously issued notice and cancel	12121
any previously issued administrative order under division (D) of	12122
section 3121.03 of the Revised Code that is no longer appropriate,	12123
and the court shall cancel any previously issued court order under	12124
division (C) or (D) of section 3121.03 of the Revised Code that no	12125
longer is appropriate, the agency shall send written notice of the	12126
cancellation by regular mail to the person who was required to	12127
comply with the withholding, deduction, or other requirement	12128
contained in the canceled notice or ~~court~~ order, and the agency	12129
shall issue one or more new notices containing one or more	12130
requirements described in ~~division (D) of~~ section ~~3113.21~~3121.03	12131
of the Revised Code that it determines are appropriate. If the	12132
agency determines that no notice of the type described in ~~division~~	12133
~~(D)(1) or (2) of~~ that section would be appropriate, the agency,	12134
with respect to a court support order, may request the court to	12135
issue a court order under division ~~(D)(3)~~(C) or ~~(4)~~(D) of that	12136
section, and~~, upon~~the agency may issue, with respect to an	12137
administrative child support order, an administrative order under	12138
division (D) of that section. On receipt of the request, the	12139
court may issue an order as described in ~~that~~ division (C)or (D)	12140
of section 3121.03 of the Revised Code, and the agency, with	12141
respect to an administrative child support order, may issue an	12142
administrative order under division (D) of section 3121.03 of the	12143
Revised Code. The notices and court orders are final and are	12144
enforceable by the court. The notices shall be mailed within	12145
fifteen days after the obligor under the support order is located	12146
or within fifteen days after the default under the support order,	12147
whichever is applicable.	12148

~~(B) When a court or child support enforcement agency has~~	12149
~~issued one or more notices containing one or more of the~~	12150
~~requirements described in division (D) of section 3113.21 of the~~	12151
~~Revised Code requiring withholding by a payor that is not an~~	12152
~~employer or requiring deduction by a financial institution or a~~	12153
~~court has issued one or more court orders described in division~~	12154
~~(D)(3) or (4) of that section and the agency is informed that the~~	12155
~~obligor has commenced employment, the agency shall issue a notice~~	12156
~~requiring the withholding of an amount from the person's personal~~	12157
~~earnings for support, in accordance with division (D)(1) of~~	12158
~~section 3113.21 of the Revised Code. The notice is final and is~~	12159
~~enforceable by the court. Additionally, if the court or agency~~	12160
~~determines that payments due under the support order have not been~~	12161
~~made and that the amount that has not been paid is at least equal~~	12162
~~to the support owed for one month under the support order, the~~	12163
~~court shall proceed to collect on any cash bond and shall order it~~	12164
~~paid to the division of child support in the department of job and~~	12165
~~family services.~~	12166

~~(C) If a child support enforcement agency sends a notice~~	12167
~~imposing a withholding or deduction requirement or a court sends a~~	12168
~~court order imposing any other appropriate requirement to a person~~	12169
~~under division (A) or (B) of this section, the notice or court~~	12170
~~order, for purposes of sections 3113.21 to 3113.219 of the Revised~~	12171
~~Code, also shall be considered to have been issued under division~~	12172
~~(D) of section 3113.21 of the Revised Code. The notice or court~~	12173
~~order is final and is enforceable by the court.~~	12174

~~(D) If a child support enforcement agency sends a notice~~	12175
~~imposing a withholding or deduction requirement or any other~~	12176
~~appropriate requirement to a person under division (A) or (B) of~~	12177
~~this section or under section 3113.21 of the Revised Code and if~~	12178
~~the payor or financial institution that is sent the withholding,~~	12179
~~deduction, or other appropriate notice fails to comply with the~~	12180
~~notice, the child support enforcement agency shall request the~~	12181
~~court to issue a court order requiring the payor or financial~~	12182
~~institution to comply with the withholding, deduction, or other~~	12183
~~appropriate notice sent by the agency immediately or be held in~~	12184
~~contempt of court. If the court issues the requested order and if~~	12185
~~the payor or financial institution does not comply with the~~	12186
~~withholding, deduction, or other appropriate order of the agency~~	12187
~~that is the subject of the court order immediately, it is in~~	12188
~~contempt of court.~~	12189

Sec. 3121.15. When a court or child support enforcement	12190
agency has issued one or more notices containing one or more of	12191
the requirements described in section 3121.03 of the Revised Code	12192
requiring withholding by a payor that is not an employer or	12193
requiring deduction by a financial institution, a court has issued	12194
one or more court orders described in division (C) or (D) of that	12195
section, or an agency has issued an administrative order under	12196
division (D) of that section and the agency administering the	12197
support order is informed that the obligor has commenced	12198
employment, that agency shall issue a notice requiring the	12199
withholding of an amount from the person's personal earnings for	12200
support, in accordance with section 3121.03 of the Revised Code.	12201
The notice is final and is enforceable by the court.	12202
Additionally, if the court or agency determines that payments due	12203
under the support order have not been made and that the amount	12204
that has not been paid is at least equal to the support owed for	12205
one month under the support order, the court shall proceed to	12206
collect on any cash bond and shall order it paid to the office of	12207
child support in the department of job and family services.	12208

Sec. 3121.16. If a child support enforcement agency sends a	12209
notice imposing a withholding or deduction requirement or a court	12210
or agency sends an order imposing any other appropriate	12211
requirement to a person under section 3121.14 or 3121.15 of the	12212
Revised Code, the notice or order also shall be considered to have	12213
been issued under section 3121.03 of the Revised Code. The notice	12214
or order is final and is enforceable by the court.	12215

Sec. 3121.18. A payor ordered to withhold a specified amount	12216
from the income of an employee under a withholding notice	12217
described in section 3121.03 of the Revised Code may deduct from	12218
the income of the person, in addition to the amount withheld for	12219
purposes of support, a fee of the greater of two dollars or an	12220
amount not exceeding one per cent of the amount withheld as a	12221
charge for its services in complying with the withholding notice.	12222
A financial institution required to deduct funds from an account	12223
under a deduction notice described in section 3121.03 of the	12224
Revised Code may deduct from the account of the person, in	12225
addition to the amount deducted for purposes of support, a fee of	12226
the lesser of five dollars or an amount not exceeding the lowest	12227
rate it charges, if any, for a debit transaction in a similar	12228
account as a charge for its service in complying with the	12229
deduction notice.	12230

Sec. 3121.19. The entire amount withheld or deducted	12231
pursuant to a withholding or deduction notice described in section	12232
3121.03 of the Revised Code shall be forwarded to the office of	12233
child support in the department of job and family services	12234
immediately, but not later than seven business days, after the	12235
withholding or deduction, as directed in the withholding or	12236
deduction notice.	12237

Sec. 3121.20. A payor or financial institution required to	12238
withhold or deduct a specified amount from the income or savings	12239
of more than one obligor under a withholding or deduction notice	12240
described in section 3121.03 of the Revised Code and to forward	12241
the amounts withheld or deducted to the office of child support	12242
may combine all of the amounts to be forwarded in one payment if	12243
the payment is accompanied by a list that clearly identifies each	12244
obligor covered by the payment and the portion of the payment	12245
attributable to each obligor.	12246

Sec. 3121.21. A payor or financial institution shall not be	12247
subject to criminal or civil liability for compliance, in	12248
accordance with sections 3121.18 to 3121.20 of the Revised Code,	12249
with a withholding or deduction notice.	12250

Sec. 3121.23. Except when a provision specifically	12251
authorizes or requires service other than as described in this	12252
section, service of any notice on any party, a financial	12253
institution, or payor, for purposes of Chapters 3119., 3121.,	12254
3123., and 3125. of the Revised Code, shall be made by ordinary	12255
first class mail directed to the addressee at the last known	12256
address or, in the case of a corporation, at its usual place of	12257
doing business. A notice shall be considered to have been served	12258
when it is mailed.	12259

Sec. 3121.24. (A) Each party to a support order shall notify	12260
the child support enforcement agency administering the support	12261
order of the party's current mailing address, current residence	12262
address, current residence telephone number, and current driver's	12263
license number, at the time of the issuance or modification of the	12264
order. Until further notice of the court or agency, whichever	12265
issued the support order, each party shall notify the agency	12266
administering the support order of any change in information	12267
immediately after the change occurs. With respect to a court	12268
support order, any willful failure to comply with this section is	12269
contempt of court. No person shall fail to give the notice	12270
required by division (A) of this section.	12271

(B) The parties affected by the support order shall inform	12272
the child support enforcement agency of any change of name or	12273
other change of conditions that may affect the administration of	12274
the order.	12275

Sec. 3121.25. If a party to a court support order requests a	12276
modification of the order or an obligee under a court support	12277
order or a person acting on behalf of an obligee files an action	12278
to enforce a court child support order, the court shall notify the	12279
child support enforcement agency that is administering the court	12280
child support order or that will administer the order of the	12281
request or the filing.	12282

Sec. 3121.27. (A) A court or child support enforcement	12283
agency shall include in any order for support it issues a general	12284
provision that states the following:	12285

"All support under this order shall be withheld or deducted	12286
from the income or assets of the obligor pursuant to a withholding	12287
or deduction notice or appropriate order issued in accordance with	12288
Chapters 3119., 3121., 3123., and 3125. of the Revised Code or a	12289
withdrawal directive issued pursuant to sections 3123.24 to	12290
3123.38 of the Revised Code and shall be forwarded to the obligee	12291
in accordance with Chapters 3119., 3121., 3123., and 3125. of the	12292
Revised Code."	12293

(B) All support orders issued prior to December 31, 1993,	12294
that have not been modified or subject to division (B) of former	12295
section 3113.21 of the Revised Code or sections 3123.02 to	12296
3123.071 of the Revised Code, regarding a default under the order	12297
on or after that date shall be considered to contain the general	12298
provision described in this section and shall be enforced and	12299
modified in the same manner as a support order issued on or after	12300
December 31, 1993.	12301

Sec. 3121.28. In any action or proceeding in which a support	12302
order is issued or modified, the court or child support	12303
enforcement agency that issues or modifies the order shall include	12304
in the order, in addition to any provision required by the Revised	12305
Code, all of the following:	12306

(A) A requirement that, regardless of the frequency or amount	12307
of support payments to be made under the order, the child support	12308
enforcement agency required to administer the order shall	12309
administer it on a monthly basis, in accordance with sections	12310
3121.51 to 3121.54 of the Revised Code;	12311

(B) A specification of the monthly amount due under the	12312
support order for purposes of its monthly administration, as	12313
determined under section 3121.52 of the Revised Code;	12314

(C) A statement that payments under the order are to be made	12315
in the manner ordered by the court or agency, and that if the	12316
payments are to be made other than on a monthly basis, the	12317
required monthly administration by the agency does not affect the	12318
frequency or the amount of the support payments to be made under	12319
the order.	12320

Sec. 3121.29. Each support order, or modification of a	12321
support order, shall contain a notice that states the following in	12322
boldface type and in all capital letters:	12323

"Each party to this support order MUST notify the child	12324
support enforcement agency in writing of HIS OR HER current	12325
mailing address, current residence address, current residence	12326
telephone number, current driver's license number, and of any	12327
changes in that information. EACH PARTY MUST notify the agency of	12328
all changes until further notice from the court or agency,	12329
whichever issued the support order. If you are the obligor under	12330
a child support order and you fail to make the required	12331
notifications, you may be fineD UP TO $50 for a first offense,	12332
$100 for a second offense, and $500 for each subsequent offense.	12333
If YOU ARE AN OBLIGOR or obligee UNDER ANY SUPPORT ORDER issued by	12334
a court and you willfully fail to give the required notices, you	12335
may be found in contempt of court and be subjected to fines up to	12336
$1,000 and imprisonment for not more than 90 days.	12337

If you are an obligor and you fail to give the required	12338
notices, you may not receive notice of the following enforcement	12339
actions against you: imposition of liens against your property;	12340
loss of your professional or occupational license, driver's	12341
license, or recreational license; withholding from your income;	12342
access restriction and deduction from your accounts in financial	12343
institutions; and any other action permitted by law to obtain	12344
money from you to satisfy your support obligation."	12345

Sec. 3121.30. A support order, or modification of a support	12346
order, shall contain the date of birth and social security number	12347
of the obligor.	12348

Sec. 3121.33. The withholding or deduction notices and other	12349
orders issued under sections 3121.03, 3121.04 to 3121.06, and	12350
3121.12 of the Revised Code, and the notices that require the	12351
obligor to notify the child support enforcement agency	12352
administering the support order of any change in the obligor's	12353
employment status or of any other change in the status of the	12354
obligor's assets, are final and enforceable by the court.	12355

Sec. 3121.34. A person required to comply with withholding	12356
or deduction notices described in section 3121.03 of the Revised	12357
Code shall determine the manner of withholding or deducting from	12358
the specific requirement included in the notices without the need	12359
for any amendment to the support order, and a person required to	12360
comply with an order described in sections 3121.03, 3121.04 to	12361
3121.06, and 3121.12 of the Revised Code shall comply without the	12362
need for any amendment to the support order.	12363

Sec. 3121.35. A court that has authority to issue a court	12364
support order shall have all powers necessary to enforce the order	12365
and any administrative child support order and all other powers	12366
set forth in the Revised Code.	12367

Sec. 3121.36. The termination of a court support order or	12368
administrative child support order does not abate the power of any	12369
court or child support enforcement agency to collect any overdue	12370
and unpaid support or arrearage owed under the terminated support	12371
order or the power of the court to punish any person for a failure	12372
to comply with, or to pay any support as ordered in, the	12373
terminated support order. The termination does not abate the	12374
authority of the court or agency to issue any notice described in	12375
section 3121.03 of the Revised Code or to issue any applicable	12376
order as described in division (C) or (D) of section 3121.03 of	12377
the Revised Code to collect any overdue and unpaid support or	12378
arrearage owed under the terminated support order. If a notice is	12379
issued pursuant to section 3121.03 of the Revised Code to collect	12380
the overdue and unpaid support or arrearage, the amount withheld	12381
or deducted from the obligor's personal earnings, income, or	12382
accounts shall be at least equal to the amount that was withheld	12383
or deducted under the terminated child support order.	12384

Sec. 3121.37. If an obligor or any other person fails to	12385
comply with an administrative child support order, the agency that	12386
issued the order may request that the juvenile court or other	12387
court with jurisdiction under section 2101.022 or 2301.03 of the	12388
Revised Code of the county in which the agency is located find the	12389
obligor or other person in contempt pursuant to section 2705.02 of	12390
the Revised Code.	12391

Sec. 3121.371. If a child support enforcement agency sends a	12392
notice imposing a withholding or deduction requirement or any	12393
other appropriate requirement to a person described in section	12394
3121.03 of the Revised Code and the payor or financial institution	12395
sent the withholding, deduction, or other appropriate notice fails	12396
to comply with the notice, the agency shall request that the court	12397
issue a court order requiring the payor or financial institution	12398
to comply immediately with the notice or be held in contempt of	12399
court. If the court issues the order and the payor or financial	12400
institution does not immediately comply with the notice, it is in	12401
contempt of court.	12402

Sec. 3121.372. The failure of a person to send any notice	12403
required by section 3121.03, 3121.036, 3121.05, 3121.06, or	12404
3121.12 of the Revised Code shall be considered contempt of court.	12405

Sec. 3121.38. A payor that fails to withhold an amount from	12406
an obligor's income for support in accordance with a withholding	12407
requirement included in a withholding notice issued under section	12408
3121.03 of the Revised Code or a financial institution that fails	12409
to deduct funds from an obligor's account for support in	12410
accordance with a deduction requirement included in a deduction	12411
notice issued under section 3121.03 of the Revised Code is liable	12412
for the amount that was not withheld or deducted, except that a	12413
payor that is an employer whose normal pay and disbursement cycles	12414
make it impossible to comply with a withholding requirement	12415
contained in a withholding notice shall not be liable for the	12416
amount not withheld if the employer, as soon as possible after	12417
receipt of the withholding notice, provides the court or child	12418
support enforcement agency that issued the notice with written	12419
notice of the impossibility and the reasons for the impossibility.	12420

A payor who is liable under this provision for an amount that	12421
was not withheld shall be ordered by the court or agency to pay	12422
that amount to the office of child support in the department of	12423
job and family services, to be disbursed in accordance with the	12424
support order for the benefit of the child or spouse.	12425

Sec. 3121.381. A court may fine a payor not more than two	12426
hundred dollars for failure to withhold income, as required under	12427
a withholding notice issued under section 3121.03 of the Revised	12428
Code, under a court support order or to notify the court or child	12429
support enforcement agency administering the court support order	12430
that a situation has occurred causing the payor to cease paying	12431
income in an amount sufficient to comply with the order to the	12432
obligor, or, in cases in which the obligor is an employer, the	12433
obligor is receiving or is eligible to receive a benefit of	12434
employment other than personal earnings.	12435

The court may fine a financial institution not more than two	12436
hundred dollars for failure to deduct funds, as required by a	12437
deduction notice issued under section 3121.03 of the Revised Code,	12438
from an account under a court support order or to notify the court	12439
or child support enforcement agency administering the court	12440
support order of the termination of an account from which funds	12441
are being deducted or of the opening of a new account.	12442

Sec. 3121.39. No payor that is an employer may use a	12443
requirement to withhold personal earnings contained in a	12444
withholding notice issued under section 3121.03 of the Revised	12445
Code as a basis for a discharge of, or for any disciplinary action	12446
against, an employee, or as a basis for a refusal to employ a	12447
person.	12448

Sec. 3121.43. Except as provided in sections 3125.27 to	12449
3125.30 of the Revised Code, the office of child support in the	12450
department of job and family services shall be the sole agency of	12451
the state responsible for the collection of all support payments	12452
due under support orders and the disbursement of the payments to	12453
obligees. The office shall make collections and disbursements in	12454
compliance with section 5107.20 of the Revised Code and rules	12455
adopted pursuant to section 3121.71 of the Revised Code.	12456

Sec. 3121.44. On issuing or modifying a support order,	12457
issuing any withholding or deduction notice described in section	12458
3121.03 of the Revised Code, or issuing an order described in	12459
division (C) or (D) of that section, the court or child support	12460
enforcement agency shall require that support payments be made to	12461
the office of child support in the department of job and family	12462
services as trustee for remittance to the person entitled to	12463
receive payments, except as otherwise provided in sections	12464
2151.49, 3113.07, and 3125.27 to 3125.30 of the Revised Code.	12465

Sec. 3121.45. Any payment of money by the person responsible	12466
for the support payments under a support order to the person	12467
entitled to receive the support payments that is not made to the	12468
office of child support, or to the child support enforcement	12469
agency administering the support order under sections 3125.27 to	12470
3125.30 of the Revised Code, shall not be considered a payment of	12471
support under the support order and, unless the payment is made to	12472
discharge an obligation other than support, shall be deemed to be	12473
a gift.	12474

Sec. 3121.46. (A) When a support order is issued or	12475
modified, a withholding or deduction notice described in section	12476
3121.03 of the Revised Code is issued, or an order described in	12477
division (C) or (D) of section 3121.03 of the Revised Code is	12478
issued, or at any time after the support order is issued or	12479
modified, the court may order the office of child support, or the	12480
child support enforcement agency may issue an order requiring the	12481
office, to transmit the payments or make them payable to any third	12482
person that is either agreed upon by the parties and approved by	12483
the court or appointed by the court, with respect to a support	12484
order, or is either agreed upon by the parties and approved by the	12485
agency or appointed by the agency, with respect to an	12486
administrative child support order. Third persons include, but	12487
are not limited to, a trustee, a custodian, the guardian of the	12488
estate of the child, the county department of job and family	12489
services, public children services agency, or any appropriate	12490
social agency.	12491

(B) Any person named pursuant to this section is entitled to	12492
receive the support payments. The court may allow the person to	12493
receive a reasonable fee for services rendered pursuant to this	12494
section. The person shall make financial reports in connection	12495
with these services at the time and in the manner prescribed by	12496
the court or as required by law.	12497

Sec. 3121.47. Any person entitled to receive support	12498
payments either personally or on behalf of another person, by	12499
reason of any support order that does not direct that payments be	12500
made to the office of child support, may apply to the appropriate	12501
child support enforcement agency for the administration of the	12502
order. On receipt of the application, the agency has authority to	12503
administer the order. The agency shall notify the obligor by any	12504
method of service authorized under the Civil Rules to make all	12505
support payments due after service of the notice on the obligor to	12506
the office. An obligor so notified by an agency shall make all	12507
subsequent payments to the office unless the court, on the	12508
obligor's application filed within thirty days after service of	12509
the notice on the obligor, orders the child support enforcement	12510
agency not to administer the support order.	12511

Sec. 3121.48. The office of child support shall maintain a	12512
separate account for the deposit of support payments it receives	12513
as trustee for remittance to the persons entitled to receive the	12514
support payments.	12515

Sec. 3121.49. The office of child support shall retain, and	12516
use solely for support enforcement activities, all interest earned	12517
on moneys in any support payment account it maintains.	12518

Sec. 3121.50. On receipt of any amount forwarded from a	12519
payor or financial institution, the office of child support shall	12520
distribute the amount to the obligee within two business days of	12521
its receipt of the amount forwarded. The director of job and	12522
family services may adopt, revise, or amend rules under Chapter	12523
119. of the Revised Code to assist in the implementation of this	12524
section.	12525

Sec. 3121.51. A child support enforcement agency shall	12526
administer all support orders on a monthly basis.	12527

Sec. 3121.52. A court or child support enforcement agency	12528
that issues or modifies a support order with support payments to	12529
be made other than on a monthly basis shall calculate a monthly	12530
amount due under the order, for purposes of its monthly	12531
administration, in the following manner:	12532

(A) If the support order is to be paid weekly, multiply the	12533
weekly amount of support due under the order by fifty-two and	12534
divide the resulting annual amount by twelve;	12535

(B) If the support order is to be paid biweekly, multiply the	12536
biweekly amount of support due under the order by twenty-six and	12537
divide the resulting annual amount by twelve;	12538

(C) If the support order is to be paid periodically but is	12539
not to be paid weekly, biweekly, or monthly, multiply the periodic	12540
amount of support due by an appropriate number to obtain the	12541
annual amount of support due under the order and divide the annual	12542
amount of support due by twelve.	12543

Sec. 3121.53. If the payments under a support order are to	12544
be made other than on a monthly basis, the required monthly	12545
administration of the order by a child support enforcement agency	12546
shall not affect the frequency or the amount of the support	12547
payments to be made under the order.	12548

Sec. 3121.54. With respect to support orders that require	12549
payment of support to commence on a day other than the first day	12550
of a month, the child support enforcement agency, for purposes of	12551
monthly administration, shall compute a pro rata amount due under	12552
the order for the first month of the period of payment, in the	12553
following manner:	12554

(A) Determine an annual amount under section 3121.52 of the	12555
Revised Code;	12556

(B) Divide the annual amount by one of the following to	12557
obtain the daily rate:	12558

(1) If payment of support is required to commence in a leap	12559
year, three hundred sixty-six;	12560

(2) If payment of support is required to commence in a year	12561
that is not a leap year, three hundred sixty-five.	12562

(C) Multiply the daily rate by the number of days the order	12563
is in effect in the first month, including the date payment of	12564
support is required to commence and the last day of the first	12565
month.	12566

Sec. 3121.56. The office of child support shall collect the	12567
administrative charge imposed on the obligor under the support	12568
order pursuant to section 3119.27 of the Revised Code.	12569

Sec. 3121.57. The office of child support is not required to	12570
apply an administrative charge included with a payment for current	12571
support payment toward any arrearages under the support order.	12572

Sec. 3121.58. If an obligor fails to pay the required	12573
administrative charge amount with each current support payment due	12574
in increments specified under the support order, the office of	12575
child support shall maintain a separate arrearage account of that	12576
amount for the obligor. The office shall not deduct the unpaid	12577
amount from any support payment due the obligee under the support	12578
order.	12579

Sec. 3121.59. A fine imposed pursuant to division (B) of	12580
section 3121.99 of the Revised Code shall be paid to the office of	12581
child support in the department of job and family services or,	12582
pursuant to section 3125.29 of the Revised Code, to the child	12583
support enforcement agency. The amount of the fine that does not	12584
exceed the amount of arrearage under the child support order shall	12585
be disbursed in accordance with the child support order. The	12586
amount of the fine that exceeds the amount of the arrearage shall	12587
be considered program income and handled in accordance with	12588
section 3121.60 of the Revised Code.	12589

Sec. 3121.60. All administrative charge amounts and program	12590
income collected shall be placed in the program income fund	12591
established under section 3121.63 of the Revised Code.	12592

Sec. 3121.63. The program income fund is hereby created in	12593
the state treasury. The fund shall consist of administrative	12594
charge amounts collected under section 3121.56 of the Revised	12595
Code, program income collected under section 3121.59 of the	12596
Revised Code, and any other program income. The funds shall be	12597
used by the office of child support and child support enforcement	12598
agencies for child support enforcement activities.	12599

Sec. 3121.64. On receipt of administrative charges under	12600
section 3121.56 of the Revised Code, the office of child support	12601
shall determine the charge amounts collected from obligors under	12602
support orders being administered by the child support enforcement	12603
agency in each county and distribute quarterly to each agency an	12604
amount equal to the charges attributable to the agency.	12605

Sec. 3121.65. No administrative charge amounts collected	12606
shall be used by the office of child support or a child support	12607
enforcement agency for any purpose other than the provision of	12608
funds for support enforcement activities.	12609

Sec. 3121.67. The office of child support may enter into	12610
contracts with public entities or private vendors for the	12611
collection of amounts due under support orders or for the	12612
performance of other administrative duties of the office. The	12613
office may contract with a public or private entity for the	12614
collection of arrearages owed under any child support order for	12615
which a court or a child support enforcement agency has found the	12616
obligor in default pursuant to a final and enforceable order	12617
issued pursuant to sections 3123.02 to 3123.071 of the Revised	12618
Code. Each contract shall comply with the rules adopted pursuant	12619
to section 3121.71 of the Revised Code.	12620

Sec. 3121.69. In order to comply with its collection and	12621
disbursement responsibilities, the office of child support may	12622
require the director of each child support enforcement agency to	12623
authorize the office to use that director's facsimile signature if	12624
the office determines the signature's use is necessary. An agency	12625
director shall not be subject to civil or criminal liability for	12626
any damage or injury to persons or property that result from the	12627
use of the facsimile signature by the state.	12628

Sec. 3121.71. The director of job and family services,	12629
pursuant to Chapter 119. of the Revised Code, shall adopt rules	12630
that do all of the following:	12631

(A) Govern collection and disbursement of child support	12632
amounts in compliance with Title IV-D of the "Social Security	12633
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 et seq., as amended, and	12634
any regulations adopted under the act;	12635

(B) Govern the method of sending administrative charge	12636
amounts to child support enforcement agencies;	12637

(C) Assist in the implementation of separate accounts for	12638
support payments received by the division;	12639

(D) Govern the process of entering into and the provisions of	12640
contracts described in section 3121.67 of the Revised Code.	12641

Sec. 3121.74. The office of child support in the department	12642
of job and family services shall enter into account information	12643
access agreements with financial institutions doing business in	12644
this state AND WITH FINANCIAL INSTITUTIONS DOING BUSINESS IN OTHER	12645
STATES. THE OFFICE MAY JOIN AN ALLIANCE OF STATES FOR THE PURPOSE	12646
OF participating IN THE FINANCIAL DATA MATCHING PROGRAM, AS	12647
DEFINED IN SECTioN 666(a)(17) OF TITLE 42 OF THE UNITEd STATES	12648
CODE, AND ENTERING INTO AGREEMENTS WITH FINANCIAL INSTITUTIONS	12649
DOING BUSINESS IN THIS STATE. IN THE CASE OF FINANCIAL	12650
INSTITUTIONS DOING BUSINESS IN OTHER STATES, THE OFFICE SHALL	12651
ENTER INTO AN AGREEMENT WITH THE FEDERAL OFFICE OF CHILD SUPPORT	12652
ENFORCEMENT FOR THE PURPOSE OF PARTICIPATIng IN THE FINANCIAL	12653
INSTITUTION DATA MATCHING PROGRAM. The agreements shall provide	12654
the office access to account information specified in this section	12655
for the purposes of establishing, modifying, or enforcing support	12656
orders. The agreements shall specify the manner in which the	12657
information is to be provided and shall require that the office be	12658
afforded access to the following information each calendar quarter	12659
concerning all obligors in default under support orders being	12660
administered by child support enforcement agencies in this state	12661
who maintain an account with the financial institution:	12662

(A) The obligor's name;

12663

(B) The obligor's address;

12664

(C) The obligor's social security number or taxpayer	12665
identification number;	12666

(D) Whether another person has an ownership interest in the	12667
account, including a list of all persons having an ownership	12668
interest in the account as reflected on the signature card or	12669
similar document on file with the financial institution;	12670

(E) The type of account maintained by the obligor, such as a	12671
savings, checking, or money market mutual fund account;	12672

(F) Any other information agreed to by the parties.

12673

Sec. 3121.75. A financial institution that responds to a	12674
request or provides information to the office of child support	12675
pursuant to an account information access agreement shall DEDUCT A	12676
FEE OF FIVE DOLLARS FOR EACH WITHDRAWAL THE FINANCIAL INSTITUTION	12677
MAKES FROM AN OBLIGOR'S ACCOUNT ON RECEIPT OF A WITHDRAWAL	12678
DIRECTIVE UNDER SECTION 3123.37 OF THE REVISED CODE.	12679

Sec. 3121.76. Information obtained from a financial	12680
institution pursuant to an account information access agreement is	12681
not a public record for the purposes of section 149.43 of the	12682
Revised Code. No person or government entity that obtains	12683
information concerning an account holder from a financial	12684
institution pursuant to an agreement shall disclose the	12685
information for purposes other than the establishment,	12686
modification, or enforcement of a support order.	12687

Sec. 3121.77. Financial institutions or their officers,	12688
directors, and employees shall not be subject to criminal or civil	12689
liability for disclosing or releasing information concerning an	12690
account holder to the office of child support pursuant to an	12691
account information access agreement, or for any other action	12692
taken in good faith to comply with an account information access	12693
agreement, regardless of whether the action was specifically	12694
authorized or described in the agreement.	12695

Sec. 3121.78. The director of job and family services shall	12696
adopt rules pursuant to Chapter 119. of the Revised Code that	12697
govern the provisions of an agreement required pursuant to section	12698
3121.74 of the Revised Code and the procedure for entering into an	12699
agreement.	12700

Sec. 3121.81. The office of child support in the department	12701
of job and family services shall establish and maintain a case	12702
registry of all support orders being administered or otherwise	12703
handled by a child support enforcement agency.	12704

Sec. 3121.82. The case registry shall include all of the	12705
following information:	12706

(A) The name, social security number, driver's license	12707
number, other identification number, residence telephone number,	12708
and date of birth of each obligor and obligee under a support	12709
order;	12710

(B) Payment information including the periodic support amount	12711
due, arrearages, penalties for late payment, fees, amounts	12712
collected, and amounts distributed under a support order;	12713

(C) Liens imposed on real and personal property to recover	12714
arrearages under a support order;	12715

(D) With respect to a child support order, the name and	12716
birthdate of each child subject to the order;	12717

(E) Information obtained pursuant to an agreement under	12718
section 3121.74 of the Revised Code;	12719

(F) Any other information required by the director of job and	12720
family services pursuant to rules adopted under section 3121.86 of	12721
the Revised Code.	12722

Sec. 3121.83. The case registry shall be maintained as part	12723
of the automated system created pursuant to section 3125.07 of the	12724
Revised Code and shall be accessed through the system. The office	12725
of child support and each child support enforcement agency shall	12726
monitor and update the registry, and each agency shall enter the	12727
information described in section 3121.82 of the Revised Code in	12728
the registry in accordance with rules adopted pursuant to section	12729
3121.86 of the Revised Code.	12730

Sec. 3121.84. (A) The office of child support shall make	12731
comparisons of the information in the case registry with the	12732
information maintained by the department of job and family	12733
services pursuant to sections 3111.64 and 3121.894 of the Revised	12734
Code. The office shall make the comparisons in the manner and in	12735
the time intervals required by the rules adopted pursuant to	12736
section 3121.86 of the Revised Code. The office shall make	12737
reports of information in the registry to other entities of the	12738
state, the federal government, and other states as required by	12739
those rules.	12740

(B) The office shall make comparisons of information in the	12741
case registry with information maintained by the department	12742
pursuant to sections 3111.64 and 3121.894 of the Revised Code and	12743
provide information in the case registry to other entities of the	12744
state, the federal government, and other states consistent with	12745
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	12746
U.S.C. 651 et seq., as amended, and any federal regulations	12747
adopted under the act.	12748

Sec. 3121.85. Each child support enforcement agency shall	12749
enter information into the case registry and maintain and update	12750
that information consistent with Title IV-D of the "Social	12751
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 et seq., as	12752
amended and any federal regulations adopted under the act. The	12753
office of child support and each child support enforcement agency	12754
shall monitor the registry consistent with Title IV-D of the	12755
"Social Security Act," as amended, and any federal regulations	12756
adopted under the act.	12757

Sec. 3121.86. The director of job and family services shall	12758
adopt rules in accordance with Chapter 119. of the Revised Code	12759
that do both of the following:	12760

(A) Establish procedures governing actions required by	12761
sections 3121.84 and 3121.85 of the Revised Code;	12762

(B) Designate any additional information that must be placed	12763
in the case registry consistent with Title IV-D of the "Social	12764
Security Act," 42 U.S.C. 651 et seq., as amended, and any federal	12765
regulations adopted under the act.	12766

Sec. 3121.89. As used in sections 3121.891 to 3121.8911 of	12767
the Revised Code:	12768

(A) "Employee" means an individual who is employed to provide	12769
services for compensation to an employer and includes an	12770
individual who provides services to an employer under a contract	12771
as an independent contractor, and who is an individual, the sole	12772
shareholder of a corporation, or the sole member of a limited	12773
liability company. "Employee" does not include an individual	12774
performing intelligence or counterintelligence functions for a	12775
state agency, if the head of the agency has determined that	12776
reporting pursuant to this section could endanger the safety of	12777
the employee or compromise an ongoing investigation or	12778
intelligence mission.	12779

(B) "Employer" means any person or governmental entity other	12780
than the federal government for which an individual performs any	12781
service, of whatever nature, as the employee of such person,	12782
except that:	12783

(1) If the person for whom the individual performs services	12784
does not have control of the payment of compensation for the	12785
services, "employer" means the person having control of the	12786
payment of the compensation.	12787

(2) In the case of a person paying compensation on behalf of	12788
a nonresident alien individual, foreign partnership, or foreign	12789
corporation not engaged in trade or business within the United	12790
States, "employer" means the person paying the compensation.	12791

Sec. 3121.891. (A) Except as provided in division (B) of	12792
this section, every employer shall make a new hire report to the	12793
department of job and family services regarding the hiring,	12794
rehiring, or return to work as an employee of a person who	12795
resides, works, or will be assigned to work in this state to whom	12796
the employer anticipates paying compensation.	12797

(B) An employer with employees in two or more states that	12798
transmits new hire reports magnetically or electronically may make	12799
the new hire report to another state if the employer does both of	12800
the following:	12801

(1) Notifies the Ohio department of job and family services	12802
and the United States secretary of health and human services in	12803
writing that the employer has designated another state as the	12804
state to which the employer will transmit the report;	12805

(2) Transmits the report to that state in compliance with	12806
federal law.	12807

Sec. 3121.892. An employer shall include all of the	12808
following in each new hire report:	12809

(A) The employee's name, address, date of birth, social	12810
security number, and date of hire, rehire, or return to work;	12811

(B) The employer's name, address, and identification number.

12812

Sec. 3121.893. An employer may make a new hire report by	12813
submitting a copy of the United States internal revenue service	12814
form W-4 (employee's withholding allowance certificate) for the	12815
employee, a form provided by the department of job and family	12816
services, or any other hiring document or data storage device or	12817
mechanism the department authorizes. An employer may make the new	12818
hire report by mail, fax, magnetic or electronic means, or other	12819
means the department authorizes. If an employer makes a new hire	12820
report by mail, the date of making the report is the postmark date	12821
if the report is mailed in the United States with first class	12822
postage and is addressed as the department authorizes. An	12823
employer shall make the new hire report not later than twenty days	12824
after the date on which the employer hires or rehires an employee	12825
or the employee returns to work.	12826

Sec. 3121.894. The department of job and family services	12827
shall, within five days of receipt from an employer, enter the	12828
information described in section 3121.892 of the Revised Code into	12829
the new hires directory, which shall be part of or accessible to	12830
the automated data processing system required pursuant to section	12831
3125.07 of the Revised Code.	12832

Sec. 3121.895. The department of job and family services	12833
shall make comparisons of the social security numbers obtained	12834
pursuant to section 3121.892 of the Revised Code and the social	12835
security numbers appearing in the case registry maintained	12836
pursuant to sections 3121.81 to 3121.86 of the Revised Code. Not	12837
later than the business day after information is entered into the	12838
directory, if the comparison conducted by the department results	12839
in a match, the department shall notify the child support	12840
enforcement agency administering the support order.	12841

Sec. 3121.896. Not later than the business day after receipt	12842
of the notice described in section 3121.895 of the Revised Code,	12843
the child support enforcement agency administering the support	12844
order shall send a withholding notice to the employer pursuant to	12845
section 3121.03 of the Revised Code, unless the employee's income	12846
is not subject to withholding, and shall take any other	12847
appropriate action under Chapters 3119., 3121., 3123., and 3125.	12848
of the Revised Code.	12849

Sec. 3121.897. Within three business days after information	12850
is entered into the new hires directory, the department of job and	12851
family services shall furnish the information to the national	12852
directory of new hires. The department shall furnish to the	12853
national directory of new hires on a quarterly basis such	12854
information contained in the records of the department as is	12855
required by state and federal law.	12856

Sec. 3121.898. The department of job and family services	12857
shall use the new hire reports it receives to locate individuals	12858
for the purposes of establishing paternity; for establishing,	12859
modifying, and enforcing support orders being administered by	12860
child support enforcement agencies in this state; and to detect	12861
fraud in any program administered by the department.	12862

Sec. 3121.899. The new hire reports shall not be considered	12863
public records for purposes of section 149.43 of the Revised Code.	12864
The director of job and family services may adopt rules under	12865
section 3125.51 of the Revised Code governing access to, and use	12866
and disclosure of, information contained in the new hire reports.	12867
The department may disclose information in the new hire reports to	12868
any agent of the department or child support enforcement agency	12869
that is under contract with the department for the purposes listed	12870
in section 3121.898 of the Revised Code. The department may	12871
submit to the bureau of workers' compensation a copy of any new	12872
hire report it receives.	12873

Sec. 3121.8910. An employer that fails to make a new hire	12874
report shall be required by the department of job and family	12875
services to pay a fee of not more than twenty-five dollars for	12876
each failure to make a report.	12877

If the failure to make a new hire report is the result of a	12878
conspiracy between the employer and the employee not to supply the	12879
report or to supply a false or incomplete report, the department	12880
shall require the employer to pay a fee of not more than five	12881
hundred dollars for each such failure.	12882

Sec. 3121.8911. The director of job and family services	12883
shall adopt rules in accordance with Chapter 119. of the Revised	12884
Code to implement sections 3121.89 to 3121.8910 of the Revised	12885
Code.	12886

~~Sec. 5101.318.~~ Sec. 3121.91. ~~5101.318~~3121.91 The department of job	12887
and family services may request the assistance of other states in	12888
enforcing support orders issued by the courts and child support	12889
enforcement agencies of this state consistent with ~~section 466(a)~~	12890
TitleIV-D of the "Social Security Act," ~~as amended by the~~	12891
~~"Personal Responsibility and Work Opportunity Reconciliation Act~~	12892
~~of 1996," 110~~88 Stat. ~~2105~~2351 (1975), 42 U.S.C. ~~666(a)~~651et	12893
seq., as amended. ~~The department, when enforcing,~~When support	12894
orders issued in other states are being enforced in this state	12895
pursuant to Chapters ~~2301., 3113.,~~ 3115., ~~and 5101.~~3119., 3121.,	12896
3123.,and3125. of the Revised Code, ~~support orders issued in~~	12897
~~other states~~the following shall apply:	12898

(A) The department shall use the forms required pursuant to	12899
~~sections 452(a) and 454(9)~~TitleIV-D of the "Social Security	12900
Act," ~~as amended by the "Personal Responsibility and Work~~	12901
~~Opportunity Reconciliation Act of 1996," 110~~88 Stat. ~~2105~~2351	12902
(1975), 42 U.S.C. ~~652(a) and 654(9)~~651et seq., as amended.	12903

(B)Except as provided by Chapter 3115. of the Revised Code,	12904
a support order issued in a state other than this state that is	12905
being administratively enforced in this state pursuant to 42	12906
U.S.C. 666(a)(14)(A) shall not be considered to be transferred to	12907
the caseload of any child support enforcement agency of this state	12908
or to the department.	12909

The department shall maintain records of the number of	12910
requests for assistance received in this state for enforcement of	12911
support cases issued by other states, the number of support cases	12912
issued by another state under which support was actually collected	12913
in this state, and the amount of support collected.	12914

~~Sec. 5101.316.~~ Sec. 3121.92. The department of job and family	12915
services may enter into an agreement with a foreign country for	12916
the establishment of and enforcement of support orders issued	12917
under the laws of that country if that country, as part of the	12918
agreement, agrees to enforce support orders issued under the laws	12919
of this state. The department must provide services under the	12920
program of support enforcement established pursuant to this	12921
section to a foreign country with which the department has an	12922
agreement under this section and to a foreign country declared to	12923
be a foreign reciprocating country under ~~section 459A~~Title IV-D	12924
of the "Social Security Act," ~~as amended by the "Personal~~	12925
~~Responsibility and Work Opportunity Reconciliation Act of 1996,"~~	12926
~~110~~88 Stat. ~~2105~~2351 (1975), 42 U.S.C. ~~659A~~651et seq., as	12927
amended, that requests the services. The department shall provide	12928
the services without imposing an application fee or any other cost	12929
on the foreign country or the obligee requesting the services.	12930
The department may impose the application fee or other costs on	12931
the obligor under the support order. The director of job and	12932
family services shall adopt rules pursuant to Chapter 119. of the	12933
Revised Code governing the procedure for entering into a contract	12934
pursuant to this section, the provisions of the contract, and the	12935
provision of support enforcement services, which rules shall be	12936
consistent with ~~sections 454 and 459A~~TitleIV-D of the "Social	12937
Security Act," ~~as amended by the "Personal Responsibility and Work~~	12938
~~Opportunity Reconciliation Act of 1996," 110~~88 Stat. ~~2105~~2351	12939
(1975), 42 U.S.C. ~~654 and 659A~~651et seq., as amended, and	12940
regulations adopted under the act.	12941

Sec. 3121.99. (A) Whoever violates section 3121.76 of the	12942
Revised Code shall be fined no more than five hundred dollars, or	12943
imprisoned not more than six months, or both.	12944

(B) An obligor who violates section 3121.036 or 3121.24 of	12945
the Revised Code shall be fined not more than fifty dollars for a	12946
first offense, not more than one hundred dollars for a second	12947
offense, and not more than five hundred dollars for each	12948
subsequent offense.	12949

(C) An employer that violates section 3121.39 of the Revised	12950
Code with respect to a court support order may be fined not more	12951
than five hundred dollars.	12952

Sec. 3123.01. As used in this chapter:

12953

(A) "Court support order" and "personal earnings" have the	12954
same meanings as in section 3119.01 of the Revised Code.	12955

(B) "Default," "financial institution," "income," and	12956
"payor" have the same meanings as in section 3121.01 of the	12957
Revised Code.	12958

Sec. 3123.02. Immediately after identification of a default	12959
under a support order, the child support enforcement agency shall	12960
conduct an investigation to determine the employment status of the	12961
obligor, the obligor's social security number, the name and	12962
business address of the obligor's employer, whether the obligor is	12963
in default under a support order, the amount of any arrearages,	12964
and any other information necessary to enable the court or agency	12965
to impose any withholding or deduction requirements and issue the	12966
related notices described in section 3121.03 of the Revised Code	12967
or to issue any court orders described in division (C) or (D) of	12968
section 3121.03 of the Revised Code. The agency shall also	12969
conduct an investigation under this section when required by	12970
section 3119.80 or 3119.81 of the Revised Code and shall complete	12971
the investigation within twenty days after the court orders the	12972
investigation under section 3119.81 of the Revised Code.	12973

Sec. 3123.03. (A) As used in this section, "period of	12974
default" means the time period beginning on the date a default	12975
under a support order is identified and ending on the date the	12976
total arrearage amount owed because of the default under the order	12977
is paid.	12978

(B) Within fifteen calendar days after the identification of	12979
a default under a support order, the child support enforcement	12980
agency shall send advance notice to the obligor if the default	12981
occurs prior to the date the office of child support in the	12982
department of job and family services authorizes centralized	12983
collection and disbursement of support amounts under the support	12984
order in default. On and after that date, the office shall send	12985
the advance notice to the obligor. The agency or office, as	12986
appropriate, shall send the advance notice to the obligor only	12987
once for each period of default. The advance notice shall include	12988
a notice describing the actions that may be taken against the	12989
obligor if the court or agency makes a final and enforceable	12990
determination that the obligor is in default. If the location of	12991
the obligor is unknown at the time of the identification of a	12992
default under the support order, the agency or office, as	12993
appropriate, shall send the advance notice to the obligor within	12994
fifteen days after the agency locates the obligor.	12995

(C) An advance notice to an obligor required by this section	12996
shall contain all of the following:	12997

(1) A statement of the date on which the advance notice is	12998
sent, a statement that the obligor is in default under a support	12999
order, the amount of arrearages owed by the obligor due to the	13000
default as determined by the court or the child support	13001
enforcement agency, the types of withholding or deduction	13002
requirements and related notices described in section 3121.03 of	13003
the Revised Code or the types of court orders described in	13004
sections 3121.03, 3121.04 to 3121.08, and 3121.12 of the Revised	13005
Code that will be issued to pay support and any arrearages, and	13006
the amount that will be withheld or deducted pursuant to those	13007
requirements;	13008

(2) A statement that any notice for the withholding or	13009
deduction of an amount from income or assets apply to all current	13010
and subsequent payors of the obligor and financial institutions in	13011
which the obligor has an account and that any withholding or	13012
deduction requirement and related notice described in section	13013
3121.03 of the Revised Code or any court order described in	13014
sections 3121.03, 3121.04 to 3121.08, and 3121.12 of the Revised	13015
Code that is issued will not be discontinued solely because the	13016
obligor pays any arrearages;	13017

(3) An explanation of the administrative and court action	13018
that will take place if the obligor contests the inclusion of any	13019
of the provisions;	13020

(4) A statement that the contents of the advance notice are	13021
final and are enforceable by the court unless the obligor files	13022
with the child support enforcement agency, within seven days after	13023
the date on which the advance notice is sent, a written request	13024
for an administrative hearing to determine whether a mistake of	13025
fact was made in the notice.	13026

Sec. 3123.031. The department of job and family services	13027
shall adopt standard forms for the advance notice. All courts and	13028
child support enforcement agencies shall use those forms, and the	13029
support withholding and deduction notice forms adopted under	13030
section 3121.0310 of the Revised Code, in complying with this	13031
chapter.	13032

Sec. 3123.04. If the obligor requests a hearing regarding	13033
the advance notice in accordance with division (C)(4) of section	13034
3123.03 of the Revised Code, the child support enforcement agency	13035
shall conduct an administrative hearing no later than ten days	13036
after the date on which the obligor files the request for the	13037
hearing. No later than five days before the date on which the	13038
hearing is to be conducted, the agency shall send the obligor and	13039
the obligee written notice of the date, time, place, and purpose	13040
of the hearing. The notice to the obligor and obligee also shall	13041
indicate that the obligor may present testimony and evidence at	13042
the hearing only in regard to the issue of whether a mistake of	13043
fact was made in the advance notice.	13044

At the hearing, the child support enforcement agency shall	13045
determine whether a mistake of fact was made in the advance	13046
notice. If it determines that a mistake of fact was made, the	13047
agency shall determine the provisions that should be changed and	13048
included in a corrected notice and shall correct the advance	13049
notice accordingly. The agency shall send its determinations to	13050
the obligor. The agency's determinations are final and are	13051
enforceable by the court unless, within seven days after the	13052
agency makes its determinations, the obligor files a written	13053
motion with the court for a court hearing to determine whether a	13054
mistake of fact still exists in the advance notice or corrected	13055
advance notice.	13056

Sec. 3123.05. If, within seven days after the agency makes	13057
its determinations under section 3123.04 of the Revised Code, the	13058
obligor files a written motion for a court hearing to determine	13059
whether a mistake of fact still exists in the advance notice or	13060
the corrected advance notice, the court shall hold a hearing on	13061
the request as soon as possible, but no later than ten days, after	13062
the request is filed. If the obligor requests a court hearing, no	13063
later than five days before the date on which the court hearing is	13064
to be held, the court shall send the obligor and the obligee	13065
written notice by regular mail of the date, time, place, and	13066
purpose of the court hearing. The hearing shall be limited to a	13067
determination of whether there is a mistake of fact in the advance	13068
notice or the corrected advance notice.	13069

If, at a hearing conducted under this section, the court	13070
detects a mistake of fact in the advance notice or the corrected	13071
advance notice, it shall immediately correct the notice.	13072

Sec. 3123.06. On exhaustion of all rights of the obligor to	13073
contest the withholding or deduction on the basis of a mistake of	13074
fact and no later than the expiration of forty-five days after the	13075
issuance of the advance notice under section 3123.03 of the	13076
Revised Code, the court or child support enforcement agency shall	13077
issue one or more notices requiring withholding or deduction of	13078
income or assets of the obligor in accordance with section 3121.03	13079
of the Revised Code, or the court shall issue one or more court	13080
orders imposing other appropriate requirements in accordance with	13081
sections 3121.03, 3121.035, 3121.04 to 3121.08, and 3121.12 of the	13082
Revised Code.	13083

Sec. 3123.061. When a support order has been issued, the	13084
child support enforcement agency shall initiate support	13085
withholding when the order is in default.	13086

Sec. 3123.062. The failure of the court or child support	13087
enforcement agency to give the notice required by section 3123.06	13088
of the Revised Code does not affect the ability of any court to	13089
issue any notice or order for the payment of support, does not	13090
provide any defense to any notice or order for the payment of	13091
support, and does not affect any obligation to pay support.	13092

Sec. 3123.07. If an order in default is a court support	13093
order issued prior to December 31, 1993, or an administrative	13094
child support order, the court that issued the order, or in the	13095
case of an administrative child support order, the common pleas	13096
court of the county of the agency that issued the order, shall	13097
reissue the order and include in the reissued support order a	13098
general provision as described in section 3123.071 of the Revised	13099
Code requiring the withholding or deduction of income or assets of	13100
the obligor in accordance with section 3121.03 of the Revised Code	13101
or requiring the issuance of a court order containing another type	13102
of appropriate requirement in accordance with section 3121.03,	13103
3121.04, 3121.05, 3121.06, or 3121.12 of the Revised Code to	13104
ensure that withholding or deduction from the income or assets is	13105
available for the collection of current support and any arrearages	13106
that occur. If the support was ordered pursuant to an	13107
administrative child support order that includes a general	13108
provision similar to the one described in section 3123.071 of the	13109
Revised Code, the court shall replace the similar general	13110
provision with the general provision described in that section.	13111
Except for the inclusion or replacement of the general provision,	13112
the provisions of the reissued order shall be identical to those	13113
of the support order under which there has been a default.	13114

Sec. 3123.071. The general provision for the withholding or	13115
deduction of income or assets to be included in a reissued support	13116
order specifically shall include the following statement:	13117

"All support under this order shall be withheld or deducted	13118
from the income or assets of the obligor pursuant to a withholding	13119
or deduction notice or appropriate court order issued in	13120
accordance with Chapters 3119., 3121., 3123., and 3125. of the	13121
Revised Code or a withdrawal directive issued pursuant to sections	13122
3123.24 to 3123.38 of the Revised Code and shall be forwarded to	13123
the obligee in accordance with Chapters 3119., 3121., 3123., and	13124
3125. of the Revised Code."	13125

Sec. 3123.10. If any of the following occurs, the court	13126
shall notify the child support enforcement agency:	13127

(A) The court is required to issue a withholding or deduction	13128
notice under section 3121.03 of the Revised Code or to issue a	13129
court order described in division (C) or (D) of that section and	13130
fails to do so.	13131

(B) The court issued an order under division (B)(1) of former	13132
section 3113.21 of the Revised Code, as it existed immediately	13133
preceding December 1, 1986, or issues a withholding or deduction	13134
notice under section 3121.03 of the Revised Code or issues a court	13135
order described in division (C) or (D) of that section and the	13136
court determines that the order or withholding or deduction notice	13137
will not ensure payment of the support due under the child support	13138
order.	13139

(C) The obligor fails after the issuance of a notice or court	13140
order under section 3121.03 of the Revised Code to comply with the	13141
notice or court order.	13142

Sec. 3123.11. On receipt of notice under section 3123.10 of	13143
the Revised Code, the child support enforcement agency shall	13144
notify the obligee of the default, of the obligee's rights and	13145
remedies, and that the agency is responsible for enforcing support	13146
orders under section 3125.11 of the Revised Code, Title IV-D of	13147
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 et	13148
seq., as amended, and Chapter 3125. of the Revised Code. The	13149
notice shall contain a printed explanation of the provisions of	13150
the Revised Code governing the obligee's rights and remedies.	13151

Sec. 3123.12. No child support enforcement agency, solely	13152
because the support due under a support order has not been paid or	13153
has not been paid periodically or recently, shall consider, list,	13154
or otherwise administer the support order or the case pertaining	13155
to it as if either were closed or close the files or the case	13156
pertaining to the support order.	13157

Sec. 3123.121. The director of job and family services shall	13158
adopt, revise, or amend rules under Chapter 119. of the Revised	13159
Code to assist in the implementation of section 3123.12 of the	13160
Revised Code.	13161

Sec. 3123.13. No withholding or deduction notice or other	13162
appropriate order described in section 3121.03 of the Revised Code	13163
and issued under the Revised Code shall be terminated solely	13164
because the obligor pays any part or all of the arrearages under	13165
the support order.	13166

Sec. 3123.14. If a child support order is terminated for any	13167
reason, the obligor under the child support order is or was at any	13168
time in default under the support order and, after the termination	13169
of the order, the obligor owes an arrearage under the order, the	13170
obligee may make application to the child support enforcement	13171
agency that administered the child support order prior to its	13172
termination or had authority to administer the child support order	13173
to maintain any action or proceeding on behalf of the obligee to	13174
obtain a judgment, execution of a judgment through any available	13175
procedure, an order, or other relief. If a withholding or	13176
deduction notice is issued pursuant to section 3121.03 of the	13177
Revised Code to collect an arrearage, the amount withheld or	13178
deducted from the obligor's personal earnings, income, or accounts	13179
shall be at least equal to the amount that was withheld or	13180
deducted under the terminated child support order.	13181

Sec. 3123.15. An action or proceeding on behalf of the	13182
obligee shall be commenced by the child support enforcement agency	13183
as required by section 3123.14 of the Revised Code within twenty	13184
days after completion of an application by the obligee.	13185

~~Sec. 2301.39.~~ Sec. 3123.16. ~~(A)~~ Any order issued under section	13186
~~2301.37 or 2301.38~~3123.14 of the Revised Code shall be payable at	13187
least monthly.	13188

~~(B) No employer shall discharge an employee for reason of~~	13189
~~any order issued under section 2301.37, 2301.38, or 3113.21 of the~~	13190
~~Revised Code.~~	13191

~~Sec. 3113.219.~~ Sec. 3123.17. (A) ~~On or after July 1, 1992, when~~	13192
When a court issues or modifies a court support order ~~under~~	13193
~~Chapter 3115. or section 2151.23, 2151.231, 2151.232, 2151.33,~~	13194
~~2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,~~	13195
~~3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code or in~~	13196
~~any proceeding in which a court determines the amount of support~~	13197
~~to be paid pursuant to a support order~~, the court shall determine	13198
the ~~date the obligor failed to pay the support required under the~~	13199
~~support order and the amount of support the obligor failed to pay.~~	13200
Iffollowing:	13201

(1) Whether the obligor is in default under a prior court	13202
support order or the court support order being modified;	13203

(2) If the obligor is in default, the date the court support	13204
order went into default and the amount of support arrearages owed	13205
pursuant to the default.	13206

If the court determines the obligor ~~has failed at any time to~~	13207
~~comply with~~is in default under a support order, the court shall	13208
issue a new order requiring the obligor to pay support. If the	13209
court determines ~~that~~ the ~~failure to pay~~default was willful, the	13210
court shall assess interest on the arrearage amount ~~of support the~~	13211
~~obligor failed to pay~~ from the date the court specifies as the	13212
~~original~~ date ~~the obligor failed to comply with the order~~	13213
~~requiring the payment of support~~of default to the date the court	13214
issues the new order requiring the payment of support and shall	13215
compute the interest at the rate specified in division (A) of	13216
section 1343.03 of the Revised Code. The court shall specify in	13217
the support order the amount of interest the court assessed	13218
against the obligor and incorporate the amount of interest into	13219
the new monthly payment plan.	13220

(B) ~~On or after July 1, 1992, when~~When a court issues or	13221
modifies a court support order ~~under Chapter 3115. or section~~	13222
~~2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,~~	13223
~~3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31~~	13224
~~of the Revised Code or in any proceeding in which a court~~	13225
~~determines the amount of support to be paid pursuant to a support~~	13226
~~order~~, the court may include in the support order a statement	13227
ordering either party to pay the costs of the action, including,	13228
but not limited to, attorney's fees, fees for genetic tests in	13229
contested actions under sections 3111.01 to ~~3111.19~~3111.18 of the	13230
Revised Code, and court costs.	13231

~~Sec. 3113.2110.~~ Sec. 3123.18. Whenever an obligor fails to make	13232
any payment required by a child support order, the obligee or a	13233
child support enforcement agency acting on behalf of the obligee	13234
may bring an action in the court of common pleas that issued the	13235
support order to obtain a judgment on the unpaid amount. Any	13236
judgment obtained under this section may be enforced in the same	13237
manner as any other judgment of a court of this state.	13238

Sec. 3123.19. If child support arrearages are owed by an	13239
obligor to the obligee and to the department of job and family	13240
services, any payments received on the arrearages by the office of	13241
child support shall be paid in accordance with Title IV-D of the	13242
"Social Security Act," 88 Stat. 2351, 42 U.S.C. 651 et seq., as	13243
amended, and rules adopted by the director of job and family	13244
services.	13245

If an obligor is in default under a support order and has a	13246
claim against another person of more than one thousand dollars,	13247
the obligor shall notify the child support enforcement agency of	13248
the claim, the nature of the claim, and the name of the person	13249
against whom the claim exists. If an obligor is in default under	13250
a support order and has a claim against another person or is a	13251
party in an action for any judgment, the child support enforcement	13252
agency or the agency's attorney, on behalf of the obligor,	13253
immediately shall file with the court in which the action is	13254
pending a motion to intervene in the action or a creditor's bill.	13255
The motion to intervene shall be prepared and filed pursuant to	13256
Civil Rules 5 and 24(A) and (C).	13257

Nothing in this division shall preclude an obligee from	13258
filing a motion to intervene in any action or a creditor's bill.	13259

Sec. 3123.20. No employer shall discharge an employee for	13260
reason of any order issued under the Revised Code to collect	13261
support due from the employee under a support order.	13262

Sec. 3123.21. A withholding or deduction notice described in	13263
section 3121.03 of the Revised Code or an order to collect current	13264
support due under a support order and any arrearage owed by the	13265
obligor under a support order pertaining to the same child or	13266
spouse shall require that the arrearage amount collected with each	13267
payment of current support equal at least twenty per cent of the	13268
current support payment unless, for good cause shown, a lesser	13269
arrearage amount is required to be collected.	13270

For purposes of this section, "good cause" includes a change	13271
in the obligor's circumstances that would make payment of current	13272
support and payment of the arrearage in an amount equal to at	13273
least twenty per cent of the current support payment a hardship on	13274
the obligor. "Good cause" exists if the amount of each current	13275
support payment and arrearage amount would exceed the maximum	13276
amount permitted to be withheld from the obligor under section	13277
303(b) of the "Consumer CreditProtection Act," 15 U.S.C. 1673(b).	13278

Sec. 3123.22. Except as otherwise provided in this section,	13279
if an obligor is paying off an arrearage owed under a support	13280
order pursuant to a withholding or deduction notice or order	13281
issued under section 3121.03 of the Revised Code, a support order	13282
newly issued or modified, or any other order issued to collect the	13283
arrearage, the child support enforcement agency administering the	13284
notice or order may also do the following to collect any arrearage	13285
amount that has not yet been collected under the notice or order:	13286

(A) Issue one or more withholding or deduction notices under	13287
section 3121.03 of the Revised Code;	13288

(B) Collect pursuant to section 3121.12 of the Revised Code a	13289
lump sum payment owed to the obligor;	13290

(C) Collect pursuant to sections 3123.81 to 3123.823 of the	13291
Revised Code any federal or state income tax refund owed to the	13292
obligor;	13293

(D) Issue a withdrawal directive pursuant to sections 3123.24	13294
to 3123.38 of the Revised Code;	13295

(E) Obtain administrative offset pursuant to section 3123.85	13296
of the Revised Code.	13297

This section applies only to support orders issued on or	13298
after the effective date of this section under which arrearages	13299
have arisen on or after that date.	13300

Sec. 3123.24. For the purposes of sections 3123.24 to	13301
3123.38 of the Revised Code, "access restriction" means that funds	13302
may not be withdrawn or transferred.	13303

Sec. 3123.25. (A) If, as a result of information obtained	13304
pursuant to an agreement under section 3121.74 of the Revised	13305
Code, the office of child support in the department of job and	13306
family services finds or receives notice that identifies an	13307
obligor in default who maintains an account with a financial	13308
institution, the office shall, within one business day, enter the	13309
information into the case registry established pursuant to section	13310
3121.81 of the Revised Code.	13311

(B) If a child support enforcement agency, after examining	13312
the case registry, determines that an obligor IN DEFAULT under a	13313
support order administered by the agency maintains an account in a	13314
financial institution, the agency shall DETERMINE whether the	13315
obligor is subject to a final and enforceable determination of	13316
default made under sections 3123.03 to 3123.071 of the Revised	13317
Code. If the obligor is subject to a final and enforceable	13318
determination of default, the agency may issue an access	13319
restriction notice to the financial institution in which the	13320
obligor's account is maintained.	13321

Sec. 3123.26. A financial institution shall promptly place	13322
an access restriction on the account OF AN OBLIGOR WHO MAINTAINS	13323
AN ACCOUNT AT THE FINANCIAL INSTITUTION upon receipt of an access	13324
restriction notice with respect to the obligor from the child	13325
support enforcement agency. The access restriction shall remain	13326
on the account until the financial institution complies with a	13327
withdrawal directive under section 3123.37 of the Revised Code or	13328
a court or child support enforcement agency orders the financial	13329
institution to remove the access restriction. A copy of the	13330
access restriction notice shall be sent to the obligor at the same	13331
time it is sent to the financial institution.	13332

Sec. 3123.27. The child support enforcement agency shall, no	13333
later than five business days after information is entered into	13334
the case registry under section 3123.25 of the Revised Code,	13335
investigate and determine the amount of funds in the account that	13336
is available to satisfy the obligor's arrearages under a support	13337
order. The financial institution shall cooperate with the	13338
agency's investigation.	13339

Sec. 3123.28. If a child support enforcement agency that	13340
completes an account investigation does not find that any person	13341
other than the obligor has an ownership interest in the account,	13342
it shall issue a withdrawal directive pursuant to section 3123.37	13343
of the Revised Code.	13344

Sec. 3123.29. If a child support enforcement agency finds	13345
that a person other than an obligor has an ownership interest in	13346
an account, the agency shall send written notice by first-class	13347
mail to that person at an address for that person contained in	13348
records of the financial institution, except that if the address	13349
of that person is not contained in records of the financial	13350
institution, the agency shall send the notice to that person in	13351
care of another person whose address is contained in records of	13352
the financial institution concerning the account.	13353

Sec. 3123.30. The notice sent under section 3123.29 of the	13354
Revised Code shall contain both of the following:	13355

(A) A statement of the date the notice is sent, that another	13356
of the account holders is an obligor under a support order, the	13357
name of the obligor, that the support order is in default, the	13358
amount of the arrearage owed by the obligor as determined by the	13359
court or child support enforcement agency, the amount that will be	13360
withdrawn, the type of account from which the amount will be	13361
withdrawn, and the name of the financial institution from which	13362
the amount will be withdrawn;	13363

(B) A statement that the person may object to the withdrawal	13364
by filing with the agency, no later than ten days after the date	13365
on which the notice is sent, a written request for an	13366
administrative hearing to determine whether any amount contained	13367
in the account is the property of the person to whom the notice is	13368
sent and should not be subject to the withdrawal directive.	13369

Sec. 3123.31. The person to whom notice is sent under	13370
section 3123.29 of the Revised Code shall have ten days from the	13371
date the notice is sent to object to the withdrawal by filing with	13372
the child support enforcement agency that sent the notice a	13373
written request for an administrative hearing to determine whether	13374
any amount contained in the account is the property of that person	13375
and should not be subject to the withdrawal directive.	13376

Sec. 3123.32. If a person to whom a notice is sent under	13377
section 3123.29 of the Revised Code fails to file a timely request	13378
for an administrative hearing, the child support enforcement	13379
agency that sent the notice shall send a withdrawal directive to	13380
the financial institution pursuant to section 3123.37 of the	13381
Revised Code. A copy of this notice shall be sent to the obligor.	13382

Sec. 3123.33. If a person who received notice under section	13383
3123.29 of the Revised Code requests it in a timely manner, the	13384
child support enforcement agency that sent the notice shall	13385
conduct an administrative hearing no later than ten days after the	13386
date the person files the request for the hearing. No later than	13387
five days before the date the hearing is to be conducted, the	13388
agency shall send the person written notice of the date, time,	13389
place, and purpose of the hearing.	13390

At the hearing, the agency shall determine whether any amount	13391
contained in the account is the property of the person who filed	13392
the objection. The person may present testimony and evidence at	13393
the hearing only in regard to the issue of whether and how much,	13394
if any, of the amount contained in the account is the property of	13395
the person and should not be subject to withdrawal directive. If	13396
the agency determines that any amount contained in the account is	13397
the property of the person, the agency shall determine that	13398
amount. The agency shall send notice of its determination to the	13399
person.	13400

Sec. 3123.34. If a child support enforcement agency	13401
determines that the total amount in an account is the property of	13402
a person who is not the obligor from whom payment is sought, it	13403
shall order the financial institution to release the access	13404
restriction on the account and shall take no further enforcement	13405
action on the account. A copy of this notice shall be sent to the	13406
obligor. If the agency determines that some of the funds in the	13407
account are the property of the person, it shall order the	13408
financial institution to release the access restriction on the	13409
account in that amount and shall take no further enforcement	13410
action on those funds. A copy of this notice shall be sent to the	13411
obligor. The agency shall issue a withdrawal directive pursuant	13412
to section 3123.37 of the Revised Code for the remaining funds	13413
unless, no later than ten days after the agency makes its	13414
determination, the person files a written motion with the court of	13415
common pleas of the county served by the child support enforcement	13416
agency for a hearing to determine whether any amount contained in	13417
the account is the property of the person.	13418

Sec. 3123.35. If the person described in section 3123.34 of	13419
the Revised Code files a timely motion with the court, the court	13420
shall hold a hearing on the request no later than ten days after	13421
the request is filed. No later than five days before the date on	13422
which the hearing is to be held, the court shall send the person	13423
written notice by ordinary mail of the date, time, place, and	13424
purpose of the hearing. The hearing shall be limited to a	13425
determination of how much, if any, of the amount contained in the	13426
account is the property of the person.	13427

Sec. 3123.36. If the court determines pursuant to a hearing	13428
under section 3123.35 of the Revised Code that all of the funds in	13429
the account are the property of the person described in section	13430
3123.34 of the Revised Code, it shall order the financial	13431
institution to release the access restriction on the account and	13432
to take no further enforcement action on the account. If the	13433
court determines that some of the funds in the account are the	13434
property of the person, it shall determine that amount, order the	13435
financial institution to release the access restriction on the	13436
account in that amount, and order the agency to take no further	13437
enforcement action on those funds. If the court determines that	13438
any of the funds in the account are not the property of the	13439
person, it shall issue a withdrawal directive pursuant to section	13440
3123.37 of the Revised Code.	13441

Sec. 3123.37. (A) Subject to sections 3123.27 and 3123.28 to	13442
3123.36 of the Revised Code, an agency that determines that an	13443
obligor has funds in an account in a financial institution shall	13444
issue a withdrawal directive to the financial institution. A copy	13445
of this notice shall be sent to the obligor. The directive shall	13446
require the financial institution to transmit funds from the	13447
account to the office of child support.	13448

(B) The withdrawal directive shall contain the following	13449
information:	13450

(1) The name, address, and social security number or taxpayer	13451
identification number of the obligor;	13452

(2) A statement that the obligor has been determined to be in	13453
default under a support order;	13454

(3) The amount of the arrearage owed by the obligor as	13455
determined by the court or child support enforcement agency;	13456

(4) The amount of funds that are to be withdrawn from the	13457
account and the type of account from which the funds are to be	13458
withdrawn.	13459

(C) On receipt of a withdrawal directive, a financial	13460
institution shall withdraw the amount specified from the account	13461
described in the notice and pay it to the office of child support	13462
after deducting a five dollar fee.	13463

Sec. 3123.38. A financial institution is not subject to	13464
criminal or civil liability for imposing an access restriction on	13465
an account or complying with a withdrawal directive pursuant to	13466
sections 3123.24 to 3123.38 of the Revised Code or for any other	13467
action taken in good faith pursuant to those sections.	13468

Sec. 3123.41. As used in sections 3123.41 to 3123.50 of the	13469
Revised Code:	13470

(A) "Board" means any entity that has the authority pursuant	13471
to Title XLVII of the Revised Code to issue a license, and any	13472
other agency of this state, other than the supreme court, that has	13473
the authority to issue a license that authorizes an individual to	13474
engage in an occupation or profession. "Board" includes an	13475
administrative officer that has authority to issue a license that	13476
authorizes an individual to engage in an occupation or profession.	13477

(B) "License" includes a license, certificate, permit,	13478
registration, or other authorization to engage in an occupation or	13479
profession.	13480

Sec. 3123.42. If either of the following occurs with respect	13481
to an individual who is an obligor under a child support order,	13482
the child support enforcement agency administering the order may	13483
determine whether the individual holds a license issued by a board	13484
or, if possible, whether the individual has applied for, or is	13485
likely to apply for, a license:	13486

(A) A court or child support enforcement agency makes a final	13487
and enforceable determination under sections 3123.02 to 3123.071	13488
of the Revised Code that the individual is in default under the	13489
child support order.	13490

(B) The individual fails, after receiving appropriate notice,	13491
to comply with a subpoena or warrant issued by the court or child	13492
support enforcement agency with respect to a proceeding to enforce	13493
the child support order.	13494

Sec. 3123.43. If a child support enforcement agency,	13495
pursuant to section 3123.42 of the Revised Code, determines that	13496
an individual is a license holder or has applied for, or is likely	13497
to apply for, a license, it shall send the notice described in	13498
section 3123.44 of the Revised Code to the individual. The agency	13499
also may send a notice to the board that gives the name and social	13500
security number or other identifying number of the individual and	13501
states that a court or agency has determined that the individual	13502
is in default under a child support order or has failed to comply	13503
with a warrant or subpoena issued by a court or agency with	13504
respect to a proceeding to enforce a child support order.	13505

Sec. 3123.44. Notice shall be sent to an individual	13506
described in section 3123.42 of the Revised Code in compliance	13507
with section 3121.23 of the Revised Code. The notice shall	13508
specify that a court or agency has determined the individual to be	13509
in default under a child support order or that the individual is	13510
an obligor who has failed to comply with a subpoena or warrant	13511
issued by a court or agency with respect to a proceeding to	13512
enforce a child support order, that a notice containing the	13513
individual's name and social security number or other	13514
identification number may be sent to every board that has	13515
authority to issue or has issued the individual a license, and	13516
that, if the board receives that notice and determines that the	13517
individual is the individual named in that notice and the board	13518
has not received notice under section 3123.45 or 3123.46 of the	13519
Revised Code, all of the following will occur:	13520

(A) The board will not issue any license to the individual or	13521
renew any license of the individual.	13522

(B) The board will suspend any license of the individual if	13523
it determines that the individual is the individual named in the	13524
notice sent to the board under section 3123.43 of the Revised	13525
Code.	13526

(C) If the individual is the individual named in the notice,	13527
the board will not issue any license to the individual, and will	13528
not reinstate a suspended license, until the board receives a	13529
notice under section 3123.45 or 3123.46 of the Revised Code.	13530

Sec. 3123.45. A child support enforcement agency that sent a	13531
notice to a board of an individual's default under a child support	13532
order shall send to each board to which the agency sent the notice	13533
a further notice that the individual is not in default if it	13534
determines that the individual is not in default or any of the	13535
following occurs:	13536

(A) The individual makes full payment to the office of child	13537
support in the department of job and family services or, pursuant	13538
to sections 3125.27 to 3125.30 of the Revised Code, the child	13539
support enforcement agency of the arrearage that was the basis for	13540
the court or agency determination that the individual was in	13541
default.	13542

(B) An appropriate withholding or deduction notice or other	13543
appropriate order described in section 3121.03, 3121.04, 3121.05,	13544
3121.06, or 3121.12 of the Revised Code has been issued to collect	13545
current support and any arrearage due under the child support	13546
order that was in default, and the individual is complying with	13547
the notice or order.	13548

(C) A new child support order has been issued or the child	13549
support order that was in default, has been modified to collect	13550
current support and any arrearage due under the child support	13551
order that was in default, and the individual is complying with	13552
the new or modified child support order.	13553

The agency shall send the notice under this section not later	13554
than seven days after the agency determines the individual is not	13555
in default or that any of the circumstances specified in this	13556
section has occurred.	13557

Sec. 3123.46. A child support enforcement agency that sent a	13558
notice to a board of an individual's failure to comply with a	13559
warrant or subpoena shall send to each board to which the agency	13560
sent the notice a further notice that the individual is no longer	13561
out of compliance if the court or agency that issued the warrant	13562
or subpoena removes the warrant or determines that the obligor has	13563
complied with the subpoena.	13564

The agency shall send the notice under this section not later	13565
than seven days after the agency determines that either of the	13566
circumstances specified in this section has occurred.	13567

Sec. 3123.47. On receipt of a notice pursuant to section	13568
3123.43 of the Revised Code, a board shall determine whether the	13569
individual named in the notice holds or has applied for a license	13570
from the board. If the board determines that the individual holds	13571
or has applied for a license and the individual is the individual	13572
named in the notice and does not receive a notice pursuant to	13573
section 3123.45 or 3123.46 of the Revised Code, the board may not	13574
issue a license to the individual, may not renew a license issued	13575
to the individual, and shall suspend any license issued to the	13576
individual.	13577

Sec. 3123.471. A board shall maintain a file containing each	13578
notice it receives pursuant to section 3123.43 of the Revised Code	13579
that names an individual who does not hold a license issued by the	13580
board. On receipt of an application for a license from such an	13581
individual, the board shall proceed in accordance with section	13582
3123.47 of the Revised Code.	13583

Sec. 3123.48. Not later than seven days after receipt of a	13584
notice pursuant to section 3123.45 or 3123.46 of the Revised Code,	13585
the board shall, if the individual is otherwise eligible for the	13586
license and wants the license, issue a license to or renew a	13587
license of the individual, or if the individual's license was	13588
suspended pursuant to section 3123.47 of the Revised Code, end the	13589
suspension. The board may charge a fee of not more than fifty	13590
dollars to issue or renew or end the suspension of a license	13591
pursuant to this section.	13592

Sec. 3123.49. Notwithstanding section 119.06 of the Revised	13593
Code, a board shall not hold any hearing in connection with an	13594
order refusing to issue or renew a license for, or suspending a	13595
license of, an individual pursuant to section 3123.47 of the	13596
Revised Code.	13597

Sec. 3123.50. A board shall require each application for a	13598
license, or renewal of a license, issued by the board to include	13599
the applicant's social security number.	13600

Sec. 3123.52. Prior to the date the support enforcement	13601
tracking system is operational in all the counties of this state,	13602
sections 3123.53 to 3123.60 of the Revised Code shall apply as	13603
provided in sections 3123.61 to 3123.614 of the Revised Code.	13604

Sec. 3123.53. If either of the following occurs with respect	13605
to an individual who is an obligor under a child support order,	13606
the child support enforcement agency administering the child	13607
support order may determine whether the individual holds a	13608
driver's or commercial driver's license, motorcycle operator's	13609
license or endorsement, temporary instruction permit, or	13610
commercial driver's temporary instruction permit issued by the	13611
registrar of motor vehicles or a deputy registrar or, if possible,	13612
whether the individual has applied for or is likely to apply for	13613
that license, endorsement, or permit:	13614

(A) A court or child support enforcement agency makes a final	13615
and enforceable determination under sections 3123.02 to 3123.071	13616
of the Revised Code that the individual is in default under the	13617
child support order.	13618

(B) The individual fails, after receiving appropriate notice,	13619
to comply with a subpoena or warrant issued by the court or child	13620
support enforcement agency with respect to a proceeding to enforce	13621
the child support order.	13622

Sec. 3123.54. If a child support enforcement agency,	13623
pursuant to section 3123.53 of the Revised Code, determines that	13624
an individual holds a license, endorsement, or permit or has	13625
applied for, or is likely to apply for, a license, endorsement, or	13626
permit, it shall send the notice described in section 3123.55 of	13627
the Revised Code to the individual. The agency also may send a	13628
notice to the registrar of motor vehicles that gives the name and	13629
social security number or other identifying number of the	13630
individual and states that a court or agency has determined that	13631
the individual is in default under a child support order or has	13632
failed to comply with a warrant or subpoena issued by a court or	13633
agency with respect to a proceeding to enforce a child support	13634
order.	13635

Sec. 3123.55. Notice shall be sent to the individual	13636
described in section 3123.54 of the Revised Code in compliance	13637
with section 3121.23 of the Revised Code. The notice shall	13638
specify that a court or agency has determined the individual to be	13639
in default under a child support order or that the individual is	13640
an obligor under a child support order who has failed to comply	13641
with a subpoena or warrant issued by a court or agency with	13642
respect to a proceeding to enforce a child support order, that a	13643
notice containing the individual's name and social security number	13644
or other identification number may be sent to the registrar of	13645
motor vehicles, and that, if the registrar receives that notice	13646
and determines that the individual is the individual named in that	13647
notice and the registrar has not received notice under section	13648
3123.56 or 3123.57 of the Revised Code, all of the following will	13649
occur:	13650

(A) The registrar and all deputy registrars will be	13651
prohibited from issuing to the individual a driver's or commercial	13652
driver's license, motorcycle operator's license or endorsement, or	13653
temporary instruction permit or commercial driver's temporary	13654
instruction permit.	13655

(B) The registrar and all deputy registrars will be	13656
prohibited from renewing for the individual a driver's or	13657
commercial driver's license, motorcycle operator's license or	13658
endorsement, or commercial driver's temporary instruction permit.	13659

(C) If the individual holds a driver's or commercial driver's	13660
license, motorcycle operator's license or endorsement, or	13661
temporary instruction permit or commercial driver's temporary	13662
instruction permit, it will be suspended if the registrar	13663
determines that the individual is the individual named in the	13664
notice sent pursuant to section 3123.54 of the Revised Code.	13665

(D) If the individual is the individual named in the notice,	13666
the individual will not be issued or have renewed any license,	13667
endorsement, or permit, and no suspension will be lifted with	13668
respect to any license, endorsement, or permit listed in this	13669
section until the registrar receives a notice under section	13670
3123.56 or 3123.57 of the Revised Code.	13671

Sec. 3123.56. A child support enforcement agency that sent a	13672
notice under section 3123.54 of the Revised Code of an	13673
individual's default under a child support order shall send to the	13674
registrar of motor vehicles a notice that the individual is not in	13675
default if it determines that the individual is not in default or	13676
any of the following occurs:	13677

(A) The individual makes full payment to the office of child	13678
support or, pursuant to sections 3125.27 to 3125.30 of the Revised	13679
Code, to the child support enforcement agency of the arrearage	13680
that was the basis for the court or agency determination that the	13681
individual was in default.	13682

(B) An appropriate withholding or deduction notice or other	13683
appropriate order described in section 3121.03, 3121.04, 3121.05,	13684
3121.06, or 3121.12 of the Revised Code has been issued to collect	13685
current support and any arrearage due under the child support	13686
order that was in default, and the individual is complying with	13687
the notice or order.	13688

(C) A new child support order has been issued or the child	13689
support order that was in default has been modified to collect	13690
current support and any arrearage due under the child support	13691
order that was in default, and the individual is complying with	13692
the new or modified child support order.	13693

The agency shall send the notice under this section not later	13694
than seven days after it determines the individual is not in	13695
default or that any of the circumstances specified in this section	13696
has occurred.	13697

Sec. 3123.57. A child support enforcement agency that sent a	13698
notice under section 3123.54 of the Revised Code of an	13699
individual's failure to comply with a warrant or subpoena shall	13700
send to the registrar of motor vehicles a notice that the	13701
individual is no longer out of compliance if the court or agency	13702
that issued the warrant or subpoena removes the warrant or	13703
determines that the individual has complied with the subpoena.	13704

The agency shall send the notice under this section not later	13705
than seven days after the agency determines that either of the	13706
circumstances specified in this section has occurred.	13707

Sec. 3123.58. On receipt of a notice pursuant to section	13708
3123.54 of the Revised Code, the registrar of motor vehicles shall	13709
determine whether the individual named in the notice holds or has	13710
applied for a driver's license or commercial driver's license,	13711
motorcycle operator's license or endorsement, or temporary	13712
instruction permit or commercial driver's temporary instruction	13713
permit. If the registrar determines that the individual holds or	13714
has applied for a license, permit, or endorsement and the	13715
individual is the individual named in the notice and does not	13716
receive a notice pursuant to section 3123.56 or 3123.57 of the	13717
Revised Code, the registrar immediately shall provide notice of	13718
the determination to each deputy registrar. The registrar or a	13719
deputy registrar may not issue to the individual a driver's or	13720
commercial driver's license, motorcycle operator's license or	13721
endorsement, or temporary instruction permit or commercial	13722
driver's temporary instruction permit and may not renew for the	13723
individual a driver's or commercial driver's license, motorcycle	13724
operator's license or endorsement, or commercial driver's	13725
temporary instruction permit. The registrar or a deputy registrar	13726
also shall suspend a license, permit, or endorsement held by the	13727
individual.	13728

Sec. 3123.581. The registrar of motor vehicles shall	13729
maintain a list of names of individuals identified in notices sent	13730
to the registrar pursuant to section 3123.54 of the Revised Code	13731
that do not hold a driver's or commercial driver's license,	13732
motorcycle operator's license or endorsement, or temporary	13733
instruction permit or commercial driver's temporary instruction	13734
permit. The registrar shall update the list quarterly and provide	13735
each deputy registrar with a copy. On receipt of an application	13736
for such a license, permit, or endorsement from an individual who	13737
appears on the list, a deputy registrar shall notify the	13738
registrar. On receipt of an application for such a license,	13739
permit, or endorsement from such an individual or on receipt of a	13740
notice from a deputy registrar pursuant to this section, the	13741
registrar shall proceed in accordance with section 3123.58 of the	13742
Revised Code.	13743

Sec. 3123.59. Not later than seven days after receipt of a	13744
notice pursuant to section 3123.56 or 3123.57 of the Revised Code,	13745
the registrar of motor vehicles shall notify each deputy registrar	13746
of the notice. The registrar and each deputy registrar shall	13747
then, if the individual otherwise is eligible for the license,	13748
permit, or endorsement and wants the license, permit, or	13749
endorsement, issue a license, permit, or endorsement to, or renew	13750
a license, permit, or endorsement of, the individual, or, if the	13751
individual's license, permit, or endorsement was suspended	13752
pursuant to section 3123.58 of the Revised Code, remove the	13753
suspension. On and after the date specified in section 3123.52 of	13754
the Revised Code, the registrar or a deputy registrar shall	13755
remove, after receipt of a notice under section 3123.56 or 3123.57	13756
of the Revised Code, a disqualification imposed on an individual	13757
with respect to a commercial driver's license or commercial	13758
driver's temporary instruction permit pursuant to section 3123.611	13759
of the Revised Code. The registrar or a deputy registrar may	13760
charge a fee of not more than twenty-five dollars for issuing or	13761
renewing or removing the suspension of a license or for removing a	13762
disqualification pursuant to this section. The fees collected by	13763
the registrar pursuant to this section shall be paid into the	13764
state bureau of motor vehicles fund established in section 4501.25	13765
of the Revised Code.	13766

Sec. 3123.60. Notwithstanding section 119.06 of the Revised	13767
Code, the registrar of motor vehicles shall not hold any hearing	13768
in connection with an order refusing to issue or renew a license,	13769
permit, or endorsement for, or suspending a license, permit, or	13770
endorsement of, an individual pursuant to section 3123.58 of the	13771
Revised Code.	13772

Sec. 3123.61. Prior to the date specified under section	13773
3123.52 of the Revised Code, sections 3123.53 to 3123.60 of the	13774
Revised Code shall apply only to commercial driver's licenses and	13775
commercial driver's temporary instruction permits and the	13776
individuals to whom they are issued.	13777

Sec. 3123.611. Prior to the date specified in section	13778
3123.52 of the Revised Code, the registrar of motor vehicles or a	13779
deputy registrar shall do only the following with respect to an	13780
individual if the registrar makes the determination required under	13781
section 3123.58 of the Revised Code and no notice is received	13782
concerning the individual under section 3123.56 or 3123.57 of the	13783
Revised Code:	13784

(A) Refuse to issue or renew the individual's commercial	13785
driver's license or commercial driver's temporary instruction	13786
permit;	13787

(B) Impose a disqualification as defined in section 4506.01	13788
of the Revised Code on the individual with respect to a commercial	13789
driver's license or commercial driver's temporary instruction	13790
permit.	13791

Sec. 3123.612. Prior to the date specified in section	13792
3123.52 of the Revised Code, the registrar of motor vehicles or a	13793
deputy registrar may remove a disqualification imposed on an	13794
individual with respect to a commercial driver's license or	13795
commercial driver's temporary instruction permit for the same	13796
reason the registrar or deputy registrar is permitted, on or after	13797
that date, to remove a suspension of an individual's commercial	13798
driver's license or commercial driver's temporary instruction	13799
permit under section 3123.59 of the Revised Code. The registrar	13800
or deputy registrar may charge the fee described in section	13801
3123.59 of the Revised Code for removing the disqualification.	13802

Sec. 3123.613. Prior to the date specified in section	13803
3123.52 of the Revised Code, instead of the notice provisions	13804
described in divisions (A), (B), (C), and (D) of section 3123.55	13805
of the Revised Code, the notice shall specify that all of the	13806
following will occur:	13807

(A) The registrar of motor vehicles and all deputy registrars	13808
will be prohibited from issuing to, or renewing for, the	13809
individual a commercial driver's license or commercial driver's	13810
temporary instruction permit.	13811

(B) If the individual holds a commercial driver's license or	13812
commercial driver's temporary instruction permit, the registrar	13813
will impose a disqualification as defined in section 4506.01 of	13814
the Revised Code with respect to the license or permit if the	13815
registrar determines that the individual is the individual named	13816
in the notice sent pursuant to section 3123.54 of the Revised	13817
Code.	13818

(C) If the individual is the individual named in the notice,	13819
the individual will not be issued, and the disqualification will	13820
not be removed with respect to, any license or permit listed in	13821
this section until the registrar receives a notice under section	13822
3123.56 or 3123.57 of the Revised Code.	13823

Sec. 3123.614. Notwithstanding section 119.06 of the Revised	13824
Code and prior to the date specified in section 3123.52 of the	13825
Revised Code, the registrar of motor vehicles shall not hold any	13826
hearing in connection with an order refusing to issue or renew, or	13827
imposing a disqualification with respect to, the commercial	13828
driver's license or commercial driver's temporary instruction	13829
permit of an individual pursuant to section 3123.611 of the	13830
Revised Code.	13831

~~Sec. 2301.375.~~ Sec. 3123.62. (A) As used in this section,	13832
"recreational license" means any license, permit, or stamp issued	13833
pursuant to section 1533.10, 1533.11, 1533.111, 1533.112, or	13834
1533.32 of the Revised Code.	13835

(B) If a court or child support enforcement agency makes a	13836
final and enforceable determination pursuant to ~~division (B) of~~	13837
~~section 3113.21~~sections 3123.02 to3123.071 of the Revised Code	13838
that an individual is in default under a child support order, the	13839
agency administering the child support order may determine whether	13840
the individual holds a recreational license or, if possible,	13841
whether the individual has applied for, or is likely to apply for,	13842
such a license. If the agency determines that the individual	13843
holds, has applied for, or is likely to apply for, such a license,	13844
it shall follow procedures that are substantively the same as	13845
those set forth in ~~divisions (B) to (D) of section 2301.373~~	13846
sections 3123.42 to3123.46 of the Revised Code and the division	13847
of wildlife shall follow procedures that are substantively the	13848
same as those set forth in ~~division (E) of section 2301.373~~	13849
sections 3123.47 to3123.50 of the Revised Code with respect to	13850
the license if both of the following apply:	13851

(1) The division of wildlife has implemented a computer	13852
system that maintains license numbers for licenses issued by the	13853
division, the names of persons to whom licenses are issued, and	13854
the social security numbers of persons to whom licenses are	13855
issued;.	13856

(2) The division has established safeguards that eliminate	13857
the risk that social security numbers provided to the division for	13858
the purpose of child support enforcement may be used for purposes	13859
other than those permitted by federal law.	13860

~~(C) The department of human services may adopt rules in~~	13861
~~accordance with Chapter 119. of the Revised Code to implement this~~	13862
~~section.~~	13863

Sec. 3123.63. The director of job and family services may	13864
adopt rules in accordance with Chapter 119. of the Revised Code to	13865
implement sections 3123.41 to 3123.50, 3123.52 to 3123.614, and	13866
3123.62 of the Revised Code.	13867

Sec. 3123.66. If a court or a child support enforcement	13868
agency makes a final and enforceable determination pursuant to	13869
sections 3123.02 to 3123.071 of the Revised Code that an obligor	13870
is in default under a support order, the agency administering the	13871
support order may assert a lien on real and personal property of	13872
the obligor located in this state.	13873

Sec. 3123.67. The amount of the arrearage due under the	13874
support order determined to be in default pursuant to sections	13875
3123.02 to 3123.071 of the Revised Code, and any amounts due for	13876
current support that become an arrearage after the date the	13877
default determination was made, shall be a lien against all	13878
personal property, including after-acquired property, of the	13879
obligor that is situated in this state. The lien may be filed	13880
with the county recorder in each county of the state in which the	13881
personal property is located. The amount of the arrearage due	13882
under the support order determined to be in default and any	13883
amounts due for current support that become an arrearage after the	13884
date the default determination was made, shall be a lien against	13885
real property, including after-acquired property, of the obligor	13886
after the lien is filed with a county recorder of this state in	13887
which the real property is located. A lien may be filed with the	13888
county recorder in each county of the state in which real property	13889
of the obligor is located. In recording the lien, if registered	13890
land is involved, the county recorder shall take all necessary	13891
action required by Chapter 5309. of the Revised Code. The county	13892
recorder may be compensated for liens filed under this section	13893
pursuant to the development of unit costs that are reimbursed	13894
under the provider contract entered into pursuant to Title IV-D of	13895
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as	13896
amended.	13897

Sec. 3123.68. On receiving a copy of a lien filed in another	13898
state that is similar to a lien described in section 3123.67 of	13899
the Revised Code, a copy of the order for child support that is	13900
the basis of the lien, and a copy of the court or administrative	13901
determination finding the obligor to be in default under the child	13902
support order, the office of child support in the department of	13903
job and family services shall examine the lien and the other	13904
documents and determine whether the lien is in compliance with	13905
federal child support law and regulations. If the office	13906
determines that the lien is in compliance, the office shall	13907
determine the counties of this state in which is located real or	13908
personal property of the obligor that may be subjected to the	13909
lien. On making the determination, the office shall send a copy	13910
of the lien to the child support enforcement agency of the county	13911
in which the obligor's real or personal property is located. The	13912
agency shall file the lien with the county recorder of the county	13913
in which the agency is located. In recording the lien, if	13914
registered land is involved, the county recorder shall take all	13915
necessary action required by Chapter 5309. of the Revised Code.	13916
Once filed, the lien shall be against all real and personal	13917
property, including after-acquired property, of the obligor that	13918
is situated in that county. Every court, the office, and each	13919
child support enforcement agency shall give full faith and credit	13920
to a lien established by an authorized agency of another state	13921
that is of the type described in section 3123.67 of the Revised	13922
Code.	13923

Sec. 3123.69. A child support enforcement agency shall, no	13924
later than ten days after filing a lien pursuant to section	13925
3123.67 or 3123.68 of the Revised Code, serve a copy of the lien	13926
by regular mail on the obligor whose real or personal property is	13927
subject to the lien and the person or state agency in possession	13928
or control of any real or personal property of the obligor.	13929

Sec. 3123.70. A lien imposed pursuant to sections 3123.66 to	13930
3123.68 of the Revised Code shall have priority over liens,	13931
mortgages, security interests, or other types of encumbrances that	13932
are associated with the real and personal property subject to the	13933
lien imposed by sections 3123.66 to 3123.68 of the Revised Code	13934
and that arise after the date the lien is filed pursuant to those	13935
sections. A lien imposed pursuant to sections 3123.66 to 3123.68	13936
of the Revised Code shall not have priority over liens, mortgages,	13937
security interests, or other types of encumbrances associated with	13938
the real and personal property subject to the lien imposed by	13939
sections 3123.66 to 3123.68 of the Revised Code that arose on or	13940
before the date the lien was filed pursuant to sections 3123.66 to	13941
3123.68 of the Revised Code.	13942

Sec. 3123.71. The lien filed with the county recorder shall	13943
be effective until the county recorder discharges the lien. The	13944
county recorder shall discharge the lien within five days after a	13945
child support enforcement agency files a notice pursuant to	13946
section 3123.72 of the Revised Code requesting that the lien be	13947
discharged.	13948

Sec. 3123.72. A child support enforcement agency shall file	13949
a notice requesting that the county recorder discharge the lien if	13950
one of the following applies:	13951

(A) The lien is satisfied through an action pursuant to	13952
section 3123.74 of the Revised Code.	13953

(B) The obligor makes full payment of the arrearage to the	13954
office of child support in the department of job and family	13955
services or, pursuant to sections 3125.27 to 3125.30 of the	13956
Revised Code, to the child support enforcement agency that is the	13957
basis of the lien.	13958

(C) An appropriate withholding or deduction notice or other	13959
appropriate order described in section 3121.03, 3121.04, 3121.05,	13960
3121.06, or 3121.12 of the Revised Code has been issued to collect	13961
current support and any arrearage due under the support order that	13962
was in default, and the obligor is complying with the notice or	13963
order.	13964

(D) A new support order has been issued or the support order	13965
that was in default has been modified to collect current support	13966
and any arrearage due under the support order that was in default,	13967
and the obligor is complying with the new or modified support	13968
order.	13969

(E) The agency releases the lien pursuant to section 3123.76	13970
of the Revised Code.	13971

Sec. 3123.73. A child support enforcement agency is entitled	13972
to have, and may cause, real and personal property subject to a	13973
lien established pursuant to sections 3123.66 to 3123.68 of the	13974
Revised Code to be sold pursuant to section 3123.74 of the Revised	13975
Code.	13976

Sec. 3123.74. (A) To obtain a sale of property subject to a	13977
lien established under sections 3123.66 to 3123.68 of the Revised	13978
Code, a child support enforcement agency shall file, with the	13979
appropriate court of the county in which the property is located,	13980
as described in section 3123.741 of the Revised Code, a complaint	13981
stating that the agency has obtained a lien on real and personal	13982
property of the obligor that is located in the county and that the	13983
agency is entitled to have the property sold to obtain child	13984
support that is in arrears and subsequently overdue and asks the	13985
court to issue an order that the property be sold by an execution	13986
sale in accordance with Chapter 2329. of the Revised Code. The	13987
agency shall establish, to the satisfaction of the court, at a	13988
hearing described in this section that the agency has obtained the	13989
lien and is entitled to the requested order.	13990

(B) On receipt of a complaint described in this section, the	13991
court shall conduct a hearing expeditiously. If, at the hearing,	13992
the court determines that it has jurisdiction in the matter in	13993
accordance with section 3123.741 of the Revised Code and that the	13994
child support enforcement agency has obtained a lien pursuant to	13995
sections 3123.66 to 3123.68 of the Revised Code and is entitled to	13996
have the real and personal property of the obligor in the county	13997
sold by execution sale to obtain the child support that is in	13998
arrears and subsequently overdue, the court shall issue an order	13999
that the property be sold by execution sale in accordance with	14000
Chapter 2329. of the Revised Code.	14001

Sec. 3123.741. The complaint described in section 3123.74 of	14002
the Revised Code shall be filed in the court as follows:	14003

(A) If the child support in arrears was ordered by a court in	14004
the county in which the property in question is located, in that	14005
court;	14006

(B) If the child support in arrears was ordered by a court of	14007
another state or by a court located in a county other than the	14008
county in which the property in question is located, the court of	14009
common pleas of the county in which the property is located.	14010

Sec. 3123.75. A sale of real or personal property pursuant	14011
to section 3123.74 of the Revised Code extinguishes the lien	14012
associated with the property.	14013

Sec. 3123.76. A child support enforcement agency may at any	14014
time release a lien imposed pursuant to sections 3123.66 to	14015
3123.68 of the Revised Code, on all or part of the property of the	14016
obligor, or return seized property without liability, if assurance	14017
of payment is deemed adequate by the agency, or the release will	14018
facilitate the collection of the arrearage for which the lien was	14019
imposed. The release or return shall not operate to prevent	14020
future action to collect the arrearage.	14021

Sec. 3123.77. Any person or state agency, after service	14022
described in section 3123.69 of the Revised Code, that releases,	14023
sells, transfers, or conveys real or personal property subject to	14024
the lien to or for the benefit of the obligor or any other person	14025
or fails or refuses to surrender property for the execution sale	14026
pursuant to section 3123.74 of the Revised Code shall be liable	14027
for the support arrearages that are the basis of the lien plus	14028
costs, interest, and reasonable attorney's fees of the opposing	14029
party.	14030

Sec. 3123.78. Obtaining a lien under sections 3123.66 to	14031
3123.68 of the Revised Code does not affect any other legal	14032
remedies available against obligors or their property by persons	14033
entitled to receive child support that is in arrears or otherwise	14034
due, including the use of a judgment lien under Chapter 2329. of	14035
the Revised Code.	14036

~~Sec. 5101.32.~~ Sec. 3123.81. The ~~division~~office of child support	14037
created in the department of job and family services ~~under section~~	14038
~~5101.31 of the Revised Code~~ shall work with the secretary of the	14039
treasury to collect past-due child support from refunds of paid	14040
federal taxes that are payable to the individual who owes the	14041
past-due support in accordance with section 664 of Title IV-D of	14042
the "Social Security Act," 95 Stat. 860 (1981), 42 U.S.C. 664, as	14043
amended. The director of job and family services shall adopt	14044
rules in accordance with Chapter 119. of the Revised Code to	14045
establish procedures necessary to obtain payments of past-due	14046
support from federal tax overpayments made to the secretary.	14047

Sec. 3123.82. As used in sections 3123.82 to 3123.823 of the	14048
Revised Code:	14049

(A) "Obligor" means a person who owes "overdue support," as	14050
defined in section 666 of Title IV-D of the "Social Security Act,"	14051
98 Stat. 1306 (1984), 42 U.S.C. 666, as amended, and any rules	14052
promulgated under Title IV-D.	14053

(B) "Overpaid child support" means amounts paid to an obligee	14054
under a child support order prior to termination of the child	14055
support order that exceed the amount required to be paid under the	14056
child support order, have not been impounded under section 3119.90	14057
or 3119.92 of the Revised Code, and have not been repaid to the	14058
obligor under the child support order.	14059

Sec. 3123.821. The office of child support created in the	14060
department of job and family services under section 3125.02 of the	14061
Revised Code shall work with the tax commissioner to collect the	14062
following:	14063

(A) Overdue child support from refunds of paid state income	14064
taxes under Chapter 5747. of the Revised Code that are payable to	14065
obligors;	14066

(B) Overpaid child support from refunds of paid state income	14067
taxes under Chapter 5747. of the Revised Code that are payable to	14068
obligees.	14069

Sec. 3123.822. No overdue or overpaid child support shall be	14070
collected from refunds of paid state income taxes unless all of	14071
the following conditions are met:	14072

(A) Any reduction authorized by section 5747.12 of the	14073
Revised Code has first been made, except as otherwise provided in	14074
this section.	14075

(B) The refund payable to the obligor or obligee is not less	14076
than twenty-five dollars after any reduction pursuant to section	14077
5747.12 of the Revised Code.	14078

14079

(1) With respect to overdue child support, the obligor is not	14080
less than three months in arrears in the obligor's payment of	14081
child support, and the amount of the arrearage is not less than	14082
one hundred fifty dollars;	14083

(2) WITH RESPECT TO OVERPAID CHILD SUPPORT, THE AMOUNT	14084
OVERPAID IS NOT LESS THAN ONE HUNDRED FIFTY DOLLARS.	14085

Overdue or overpaid child support shall be collected from	14086
such refunds before any part of the refund is used as a	14087
contribution pursuant to section 5747.113 of the Revised Code.	14088
Overdue or overpaid child support shall be collected from such	14089
refunds before the refund or any part of the refund is credited	14090
against tax due in any subsequent year pursuant to section 5747.12	14091
of the Revised Code, notwithstanding the consent of the obligor or	14092
obligee for such crediting.	14093

Sec. 3123.823. The director of job and family services, in	14094
conjunction with the tax commissioner, shall adopt rules, pursuant	14095
to Chapter 119. of the Revised Code, to establish procedures to	14096
implement sections 3123.82 to 3123.823 of the Revised Code. These	14097
procedures shall embody principles of due process of law,	14098
including, but not limited to, notices to interested parties and	14099
opportunities to be heard prior to the reduction of any state	14100
income tax refund.	14101

~~Sec. 5101.326.~~ Sec. 3123.85. The ~~division~~office of child support	14102
~~in the department of job and family services~~ may ask the secretary	14103
of the treasury for, and may enter into a reciprocal agreement	14104
with the secretary to obtain, administrative offsets to collect	14105
past due child support amounts in accordance with the "Debt	14106
Collection Improvement Act of 1996," 110 Stat. 1321, 31 U.S.C.	14107
3716(a) and (h). The director of job and family services shall	14108
adopt rules in accordance with Chapter 119. of the Revised Code to	14109
establish procedures necessary to receive the administrative	14110
offsets.	14111

Sec. 3123.87. (A) As used in this section, "prison," "prison	14112
term," and "jail" have the same meanings as in section 2929.01 of	14113
the Revised Code.	14114

(B) Notwithstanding any other section of the Revised Code,	14115
including sections 5145.16 and 5147.30 of the Revised Code, and	14116
except as provided in section 3121.08 of the Revised Code,	14117
twenty-five per cent of any money earned pursuant to section	14118
5145.16 or 5147.30 of the Revised Code by a prisoner in a prison	14119
or jail who is an obligor in default under a child support order	14120
according to the records of the child support enforcement agency	14121
administering the order, shall be paid to the office of child	14122
support.	14123

~~Sec. 5101.327.~~ Sec. 3123.88. (A) ~~As used in this section, "support~~	14124
~~order" has the same meaning as in section 2301.34 of the Revised~~	14125
~~Code.~~ The requirements of this section are effective on ~~the~~	14126
~~earlier of~~ the date that all support orders have been converted to	14127
the automated data processing system under section ~~5101.322~~	14128
3125.07 of the Revised Code and the ~~division~~office of child	14129
support in the department of job and family services authorizes	14130
centralized collection and disbursement of support amounts under	14131
the support order pursuant to the rules adopted under ~~division~~	14132
~~(F)(1) of~~ section ~~5101.325~~3121.71 of the Revised Code ~~or July 1,~~	14133
~~1999~~.	14134

(B) The director of commerce shall provide the ~~division~~	14135
office no later than the first day of March of each year, the	14136
name, address, social security number, if the social security	14137
number is available, and any other identifying information for any	14138
individual included in a request sent by the ~~division~~office	14139
pursuant to division (C) of this section who has unclaimed funds	14140
delivered or reported to the state under Chapter 169. of the	14141
Revised Code.	14142

(C) The ~~division~~office shall, no later than the first day	14143
of February of each year, send to the director of commerce a	14144
request containing the name, address, and social security number	14145
of all obligors in default under a support order being	14146
administered by a child support enforcement agency of this state	14147
and requests that the director provide information to the ~~division~~	14148
office as required in division (B) of this section. If the	14149
information the director provides identifies or results in	14150
identifying unclaimed funds held by the state for an obligor in	14151
default, the ~~division~~office shall file a claim under section	14152
169.08 of the Revised Code to recover the unclaimed funds. If the	14153
director allows the claim, the director shall pay the claim	14154
directly to the ~~division~~office. The director shall not disallow	14155
a claim made by the ~~division~~office because the ~~division~~office is	14156
not the owner of the unclaimed funds according to the report made	14157
pursuant to section 169.03 of the Revised Code.	14158

(D) The director of job and family services, in consultation	14159
with the department of commerce, may adopt rules in accordance	14160
with Chapter 119. of the Revised Code to aid in implementation of	14161
this section.	14162

Sec. 3123.91. As used in sections 3123.91 to 3123.932 of the	14163
Revised Code, "consumer reporting agency" means any person that,	14164
for monetary fees, dues, or on a cooperative nonprofit basis,	14165
regularly engages in whole or in part in the practice of	14166
assembling or evaluating consumer credit information or other	14167
information on consumers for the purpose of furnishing consumer	14168
reports to third parties and that uses any means or facility of	14169
interstate commerce for the purpose of preparing or furnishing	14170
consumer reports.	14171

Sec. 3123.92. If a court or child support enforcement agency	14172
makes a final and enforceable determination pursuant to sections	14173
3123.02 to 3123.071 of the Revised Code that an obligor is in	14174
default under a support order, the child support enforcement	14175
agency administering the support order shall contact at least one	14176
consumer reporting agency in this state and provide to the	14177
consumer reporting agency the obligor's name, address, and social	14178
security number or other identification number and any other	14179
identifying information concerning the obligor the child support	14180
enforcement agency has. A child support enforcement agency shall	14181
not charge a consumer reporting agency a fee for information	14182
provided by the child support enforcement agency pursuant to this	14183
section.	14184

Sec. 3123.921. If a child support enforcement agency	14185
contacts a consumer reporting agency and if the obligor pays the	14186
entire arrearage under the support order that is the basis for the	14187
determination of default, both of the following apply:	14188

(A) The obligor may give each consumer reporting agency	14189
contacted a written notice that the arrearage has been paid in	14190
full and may request that the child support enforcement agency	14191
give each consumer reporting agency that was contacted a written	14192
confirmation that the arrearage has been paid in full. The	14193
consumer reporting agency shall not record the full payment of the	14194
obligor's arrearage until the child support enforcement agency	14195
confirms the payment.	14196

(B) If the obligor requests that the child support	14197
enforcement agency confirm that the arrearage has been paid in	14198
full, the child support enforcement agency shall give each	14199
consumer reporting agency contacted written confirmation that the	14200
arrearage has been paid in full.	14201

Sec. 3123.93. Any consumer reporting agency may contact the	14202
office of child support and request information as to whether a	14203
specified person is required to pay support under a support order.	14204
The request shall include the person's name, the person's address	14205
and social security or other identification number, if known, and	14206
any other identifying information relative to the person that is	14207
known by the agency.	14208

Sec. 3123.931. On receipt of the request, the office of	14209
child support shall review the case registry created pursuant to	14210
section 3121.81 of the Revised Code to determine if the person is	14211
required to pay support under a support order.	14212

Sec. 3123.932. If the office of child support, on conducting	14213
its review, determines that the person is included in the case	14214
registry, it shall provide the consumer reporting agency with a	14215
report that sets forth the name of the person who is the subject	14216
of the request, a statement that the person is required to make	14217
support payments under one or more support orders, the name of the	14218
courts or child support enforcement agencies that issued the	14219
support orders, the counties in which those courts or agencies are	14220
located, and whether any of the support orders are being	14221
administered by a child support enforcement agency.	14222

Sec. 3123.95. The office of child support in the department	14223
of job and family services shall establish a program to increase	14224
child support collections by publishing and distributing a series	14225
of posters displaying child support obligors who are delinquent in	14226
their support payments.	14227

Sec. 3123.951. Any child support enforcement agency that	14228
chooses to participate in the poster program established by the	14229
office of child support may submit names of obligors that meet the	14230
criteria in section 3123.952 of the Revised Code to the office.	14231
The office shall select obligors to be displayed on a poster from	14232
the names submitted by the agencies.	14233

Sec. 3123.952. A child support enforcement agency may submit	14234
the name of a delinquent obligor to the office of child support	14235
for inclusion on a poster only if all of the following apply:	14236

(A) The obligor is subject to a support order and there has	14237
been an attempt to enforce the order through a public notice, a	14238
wage withholding order, a lien on property, a financial	14239
institution deduction order, or other court-ordered procedures.	14240

(B) The department of job and family services reviewed the	14241
obligor's records and confirms the child support enforcement	14242
agency's finding that the obligor's name and photograph may be	14243
submitted to be displayed on a poster.	14244

(C) The agency does not know or is unable to verify the	14245
obligor's whereabouts.	14246

(D) The obligor is not a participant in Ohio works first or	14247
the prevention, retention, and contingency program or a recipient	14248
of disability assistance, supplemental security income, or food	14249
stamps.	14250

(E) The child support enforcement agency does not have	14251
evidence that the obligor has filed for protection under the	14252
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended.	14253

(F) The obligee gave written authorization to the agency to	14254
display the obligor on a poster.	14255

(G) A legal representative of the agency and a child support	14256
enforcement administrator reviewed the case.	14257

(H) The agency is able to submit to the department a	14258
description and photograph of the obligor, a statement of the	14259
possible locations of the obligor, and any other information	14260
required by the department.	14261

Sec. 3123.953. When a child support enforcement agency	14262
submits the name of an obligor to the office of child support	14263
under section 3123.951 of the Revised Code, it also shall submit	14264
the photograph and information described in division (H) of	14265
section 3123.952 of the Revised Code.	14266

Sec. 3123.954. A child support enforcement agency shall not	14267
submit to the office of child support the address of the obligee	14268
or any other personal information about the obligee when the	14269
agency submits the name of the obligor under section 3123.951 of	14270
the Revised Code.	14271

Sec. 3123.955. A child support enforcement agency shall	14272
determine whether any obligor whose name was submitted to be	14273
displayed on a poster has met all the conditions of section	14274
3123.956 of the Revised Code. If it determines that an obligor	14275
has done so, it shall give the office of child support notice of	14276
its determination. On receipt of the notice from the agency, the	14277
office shall remove the obligor from the list of obligors	14278
submitted by that agency before making the final selection of	14279
obligors for the poster.	14280

Sec. 3123.956. The office of child support shall send notice	14281
to each obligor whose name was submitted to be displayed on the	14282
poster created by the office. The notice shall be sent by regular	14283
mail to the obligor's last known address and shall state that the	14284
obligor may avoid being included on the poster by doing all of the	14285
following within ninety days after receipt of the notice:	14286

(A) Make a payment to the office of child support or,	14287
pursuant to sections 3125.27 to 3125.30 of the Revised Code, to	14288
the child support enforcement agency that is at least equal to the	14289
amount of support the obligor is required to pay each month under	14290
the support order;	14291

(B) Provide the child support enforcement agency with the	14292
obligor's current address;	14293

(C) Provide the agency with evidence from each of the	14294
obligor's current employers of the obligor's current wages,	14295
salary, and other compensation;	14296

(D) Provide the agency with evidence that the obligor has	14297
arranged for withholding from the obligor's wages, salary, or	14298
other compensation to pay support and for payment of arrearages.	14299

Sec. 3123.957. Each poster created by the office of child	14300
support shall display photographs of, and information about, ten	14301
obligors who are liable for support arrearages and whose	14302
whereabouts are unknown to child support enforcement agencies.	14303
Each poster shall list a toll-free telephone number for the office	14304
that may be called to report information regarding the whereabouts	14305
of any of the obligors displayed on a poster. The office may	14306
include any other information on the poster that it considers	14307
appropriate.	14308

Sec. 3123.958. The office of child support shall publish and	14309
distribute the first set of posters throughout the state not later	14310
than October 1, 1992. The office shall publish and distribute	14311
subsequent sets of posters not less than twice annually.	14312

Sec. 3123.959. The office of child support shall use funds	14313
appropriated by the general assembly for child support	14314
administration to conduct the poster program under sections	14315
3123.95 to 3123.9510 of the Revised Code.	14316

Sec. 3123.9510. In accordance with Chapter 119. of the	14317
Revised Code, the director of job and family services shall adopt	14318
rules for the operation of the poster program established by the	14319
office. The rules shall specify the following:	14320

(A) Criteria and procedures for the office to use in	14321
reviewing the names of obligors submitted by child support	14322
enforcement agencies to be displayed on a poster and in selecting	14323
the delinquent obligors to be included on a poster;	14324

(B) Procedures for providing the notice specified in section	14325
3123.956 of the Revised Code;	14326

(C) Any other procedures necessary for the operation of the	14327
poster program.	14328

Sec. 3123.96. A child support enforcement agency may	14329
establish a program to increase child support collections by	14330
publishing and distributing a series of posters displaying child	14331
support obligors who are delinquent in their support payments.	14332

Sec. 3123.961. Each poster described in section 3123.96 of	14333
the Revised Code shall display photographs of, and information	14334
about, ten obligors who are liable for support arrearages and	14335
whose whereabouts are unknown to the child support enforcement	14336
agency. Each poster shall list a toll-free telephone number that	14337
may be called to report information regarding the whereabouts of	14338
any of the obligors displayed on the poster. The agency may	14339
include any other information on the poster that it considers	14340
appropriate.	14341

Sec. 3123.962. A child support enforcement agency shall	14342
select obligors for inclusion on a poster from obligors that meet	14343
the criteria in section 3123.952 of the Revised Code. The agency	14344
shall send notice to each obligor whose name is being considered	14345
for display on a poster. The notice shall be sent by regular mail	14346
to the obligor's last known address and shall include the	14347
information specified in section 3123.956 of the Revised Code.	14348

Sec. 3123.99. Whoever violates section 3123.20 of the	14349
Revised Code shall be fined not less than fifty nor more than two	14350
hundred dollars and imprisoned not less than ten nor more than	14351
thirty days.	14352

Sec. 3125.01. As used in this chapter, "Title IV-D case"	14353
means any case in which the child support enforcement agency is	14354
enforcing the child support order pursuant to Title IV-D of the	14355
"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as	14356
amended.	14357

Sec. 3125.02. The office of child support is hereby created	14358
in the department of job and family services.	14359

Sec. 3125.03. The office of child support shall establish	14360
and administer a program of child support enforcement that meets	14361
the requirements of Title IV-D of the "Social Security Act," 88	14362
Stat. 2351 (1975), 42 U.S.C. 651, as amended, and any rules	14363
adopted under Title IV-D. The program of child support	14364
enforcement shall include the location of absent parents,	14365
establishment of parentage, establishment and modification of	14366
child support orders and medical support orders, enforcement of	14367
support orders, collection of support obligations, and any other	14368
actions appropriate to child support enforcement.	14369

Absent parents shall be located for any purpose under the	14370
child support enforcement program and for purposes of establishing	14371
and enforcing orders allocating parental rights and	14372
responsibilities between parents concerning their children and	14373
establishing and enforcing parenting time orders concerning the	14374
children.	14375

Sec. 3125.04. As part of its efforts to establish parentage,	14376
the office of child support shall develop a program to publicize	14377
the state procedures for establishing the existence of a parent	14378
and child relationship and the advantages of establishing such a	14379
relationship. The office may require any board, commission, or	14380
agency of the state to participate in the publicity program.	14381

Sec. 3125.05. The office of child support shall establish,	14382
by rule adopted pursuant to Chapter 119. of the Revised Code, a	14383
program of spousal support enforcement in conjunction with child	14384
support enforcement. The program shall conform, to the extent	14385
practicable, to the program for child support enforcement	14386
established pursuant to section 3125.03 of the Revised Code.	14387

Sec. 3125.06. The department of job and family services	14388
shall enter into an agreement with the secretary of health and	14389
human services, as authorized by the "Parental Kidnapping	14390
Prevention Act of 1980," 94 Stat. 3572, 42 U.S.C. 663, as amended,	14391
under which the services of the parent locater service established	14392
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 2351	14393
(1975), 42 U.S.C. 651, as amended, are made available to this	14394
state for the following purposes:	14395

(A) Determining the whereabouts of any absent parent or child	14396
in order to enforce a law with respect to the unlawful taking or	14397
restraint of a child;	14398

(B) Making or enforcing a determination as to the allocation,	14399
between the parents of a child, of the parental rights and	14400
responsibilities for the care of a child and the designation of	14401
the residential parent and legal custodian of a child or otherwise	14402
as to the custody of a child;	14403

(C) Making or enforcing a parenting time order with respect	14404
to a child.	14405

~~Sec. 5101.322.~~ Sec. 3125.07. ~~(A)~~ The department of job and family	14406
services shall establish and maintain a statewide, automated data	14407
processing system in compliance with Title IV-D of the "Social	14408
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by	14409
~~the "Personal Responsibility and Work Opportunity Reconciliation~~	14410
~~Act of 1996," 110 Stat. 2105~~, to support the enforcement of child	14411
support that shall be implemented in every county. Every county	14412
shall accept the automated system and, in accordance with the	14413
written instructions of the department for the implementation of	14414
the automated system, shall convert to the automated system all	14415
records that are maintained by any county entity and that are	14416
related to any case for which a local agency is enforcing a child	14417
support order in accordance with Title IV-D of the "Social	14418
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by	14419
~~the "Personal Responsibility and Work Reconciliation Act of 1996,"~~	14420
~~110 Stat. 2105.~~	14421

~~(B) The director of job and family services shall adopt~~	14422
~~rules pursuant to Chapter 119. of the Revised Code concerning~~	14423
~~access to, and use of, data maintained in the automated system~~	14424
~~that do the following:~~	14425

~~(1) Permit access to and use of data only to the extent~~	14426
~~necessary to carry out programs under Title IV-D of the "Social~~	14427
~~Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by~~	14428
~~the "Personal Responsibility and Work Opportunity Reconciliation~~	14429
~~Act of 1996," 110 Stat. 2105, and specify the data that may be~~	14430
~~used for particular program purposes, and the personnel permitted~~	14431
~~access to the data;~~	14432

~~(2) Require monitoring of access to and use of the automated~~	14433
~~system to prevent and promptly identify unauthorized use;~~	14434

~~(3) Establish procedures to ensure that all personnel who~~	14435
~~may have access to or be required to use data are informed of~~	14436
~~applicable requirements and penalties and have been trained in~~	14437
~~security procedures;~~	14438

~~(4) Establish administrative penalties, up to and including~~	14439
~~dismissal from employment, for unauthorized access to, or~~	14440
~~disclosure or use of, data~~.	14441

Sec. 3125.08. The director of job and family services shall	14442
adopt rules pursuant to Chapter 119. of the Revised Code	14443
concerning access to, and use of, data maintained in the automated	14444
system established pursuant to section 3125.07 of the Revised Code	14445
that do the following:	14446

(A) Permit access to and use of data only to the extent	14447
necessary to carry out programs under Title IV-D of the "Social	14448
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended,	14449
and specify the data that may be used for particular program	14450
purposes, and the personnel permitted access to the data;	14451

(B) Require monitoring of access to and use of the automated	14452
system to prevent and promptly identify unauthorized use;	14453

(C) Establish procedures to ensure that all personnel who may	14454
have access to or be required to use data are informed of	14455
applicable requirements and penalties and have been trained in	14456
security procedures;	14457

(D) Establish administrative penalties, up to and including	14458
dismissal from employment, for unauthorized access to, or	14459
disclosure or use of, data.	14460

Sec. 3125.10. Each county shall have a child support	14461
enforcement agency. A government entity designated under former	14462
section 2301.35 of the Revised Code prior to October 1, 1997, or a	14463
private or government entity designated under section 307.981 of	14464
the Revised Code on or after that date may serve as a county's	14465
child support enforcement agency.	14466

Sec. 3125.11. The child support enforcement agency for a	14467
county is the local Title IV-D agency for the county and shall	14468
operate a program for support enforcement in the county that	14469
complies with Title IV-D of the "Social Security Act," 88 Stat.	14470
2351 (1975), 42 U.S.C. 651, as amended, any rules adopted pursuant	14471
to that title, and state law. Each child support enforcement	14472
agency shall be be responsible in the county it serves for the	14473
enforcement of support orders and shall perform all administrative	14474
duties related to the enforcement of any support order.	14475

Sec. 3125.12. Each child support enforcement agency shall	14476
enter into a plan of cooperation with the board of county	14477
commissioners under section 307.983 of the Revised Code and comply	14478
with the partnership agreement the board enters into under section	14479
307.98 and contracts the board enters into under sections 307.981	14480
and 307.982 of the Revised Code that affect the agency.	14481

Sec. 3125.13. Each child support enforcement agency may	14482
enter into contracts with public agencies and private vendors for	14483
assistance in establishing paternity or support obligations, or	14484
for the performance of other administrative duties of the agency.	14485
Each child support enforcement agency may contract with a	14486
collection agent for the collection of arrearages owed under child	14487
support orders being administered by the agency. If the	14488
department of job and family services or a child support	14489
enforcement agency contracts with a collection agent for the	14490
collection of arrearages, the collection agent is not required to	14491
be licensed as a private investigator under Chapter 4749. of the	14492
Revised Code. Before entering into a contract for assistance in	14493
establishing paternity or support obligations, for other	14494
administrative services, or for the collection of arrearages by a	14495
collection agent, a child support enforcement agency shall comply	14496
with sections 307.86 to 307.92 of the Revised Code and any rules	14497
adopted by the director of job and family services pursuant to	14498
section 3125.25 of the Revised Code.	14499

Sec. 3125.14. Each child support enforcement agency shall	14500
enter into written agreements with the courts, the prosecuting	14501
attorney, and law enforcement officials of the county it serves	14502
that establish cooperative working arrangements and specify areas	14503
of responsibility for the enforcement of support among the agency,	14504
courts, and officials. The agreements shall provide for the	14505
reimbursement of the courts and law enforcement officials for the	14506
responsibilities they assume and actions they undertake pursuant	14507
to such agreements.	14508

Sec. 3125.15. A child support enforcement agency shall	14509
maintain records of support orders being administered or otherwise	14510
handled by the agency pursuant to sections 3121.81 to 3121.86 of	14511
the Revised Code.	14512

Sec. 3125.16. Each obligor and each obligee under a support	14513
order may review all records maintained under section 3125.15 of	14514
the Revised Code that pertain to the support order and any other	14515
information maintained by the child support enforcement agency,	14516
except to the extent prohibited by state or federal law.	14517

~~Sec. 2301.354.~~ Sec. 3125.17. Without the authorization of the	14518
court of common pleas or the consent of the prosecuting attorney	14519
and without engaging in competitive bidding to obtain the legal	14520
services, any child support enforcement agency may employ, through	14521
its appointing authority, staff attorneys to advise, assist, and	14522
represent the agency in its performance of its functions	14523
pertaining to the enforcement of support orders. The option to	14524
employ the staff attorneys shall be in addition to any other	14525
options available to the agency to obtain necessary legal services	14526
in connection with its performance of its functions pertaining to	14527
the enforcement of support orders, including the use of legal	14528
services provided by the prosecuting attorney pursuant to contract	14529
or otherwise or the obtaining of legal services through a	14530
competitive bidding process.	14531

Sec. 3125.19. The board of county commissioners of each	14532
county shall budget and appropriate to the child support	14533
enforcement agency serving the county both of the following:	14534

(A) All federal money payable to the agency on the basis of	14535
its success in implementing activities related to child support	14536
enforcement under Title IV-D of the Social Security Act;	14537

(B) Any funds that may be received from other federal or	14538
state sources for the agency.	14539

Sec. 3125.20. A board of county commissioners may request	14540
that the department of job and family services grant a waiver of	14541
the requirement that the money specified in division (A) of	14542
section 3125.19 of the Revised Code be budgeted and appropriated	14543
to the child support enforcement agency if the board can	14544
demonstrate, by meeting criteria established by the department,	14545
that the agency is effectively using procedures for establishing	14546
paternity, meeting the mandated service needs of clients, and	14547
complying with all applicable state and federal support rules and	14548
regulations.	14549

Sec. 3125.21. All moneys received from the federal or state	14550
government for reimbursement for support enforcement activities	14551
shall be used solely for support enforcement activities.	14552

Sec. 3125.22. A child support enforcement agency may invest	14553
any of the moneys collected pursuant to the performance of its	14554
duties under Chapters 3111., 3119., 3121., 3123., and 3125. of the	14555
Revised Code in a repurchase agreement in which a bank agrees to	14556
sell short-term federally guaranteed securities with an obligation	14557
of the bank to repurchase the securities. All interest derived	14558
pursuant to investments made under this section shall be retained	14559
by the agency and used solely for support enforcement activities.	14560

Sec. 3125.24. Each child support enforcement agency shall be	14561
operated under the supervision of the department of job and family	14562
services in accordance with the program of child support	14563
enforcement established pursuant to section 3125.03 of the Revised	14564
Code.	14565

The department shall ensure that all child support	14566
enforcement agencies comply with all applicable state and federal	14567
support regulations, including the affirmative duties of Title	14568
IV-D of the Social Security Act.	14569

Sec. 3125.25. The director of job and family services shall	14570
adopt rules under Chapter 119. of the Revised Code governing the	14571
operation of support enforcement by child support enforcement	14572
agencies. The rules shall include, but shall not be limited to,	14573
provisions relating to plans of cooperation between the agencies	14574
and boards of county commissioners entered into under section	14575
3125.12 of the Revised Code, requirements for public hearings by	14576
the agencies, and provisions for appeals of agency decisions under	14577
procedures established by the director.	14578

Sec. 3125.27. Except as provided in sections 3123.14,	14579
3123.73, 3125.28, and 3125.29 of the Revised Code, no child	14580
support enforcement agency shall collect any support amounts due	14581
under a support order as part of its duties to enforce support	14582
orders.	14583

Sec. 3125.28. (A) Notwithstanding any other section of the	14584
Revised Code and except as provided in section 3125.29 of the	14585
Revised Code, a child support enforcement agency shall collect and	14586
disburse all support amounts under a support order it is	14587
administering pursuant to law as it existed prior to January 1,	14588
1998, and shall collect the additional amount imposed under	14589
division (G)(1) of section 2301.35 of the Revised Code as it	14590
existed prior to January 1, 1998, until the support order is	14591
converted to the automated data processing system under section	14592
3125.07 of the Revised Code and the office of child support	14593
authorizes centralized collection and disbursement of support	14594
amounts under the support order pursuant to the rules adopted	14595
under section 3121.71 of the Revised Code.	14596

(B) Notwithstanding any other section of the Revised Code and	14597
except as provided in section 3125.29 of the Revised Code, the	14598
agency administering the support order shall collect the amounts	14599
permitted to be collected, and perform other duties required, with	14600
respect to the support order pursuant to division (D)(1) of	14601
section 2301.373, division (B)(3)(a) of section 2301.374,	14602
divisions (E)(4)(b), (F), and (I) of section 3111.23, division (E)	14603
of section 3111.99, divisions (G)(4)(b), (H)(3), and (K) of	14604
section 3113.21, division (B) of section 3113.212, division (E) of	14605
section 3113.99, and division (A)(3) of section 5101.323 of the	14606
Revised Code as those sections existed prior to January 1, 1998,	14607
and the agency shall collect the amounts permitted to be collected	14608
by the office of child support, and perform other duties required	14609
of the office, with respect to the support order pursuant to	14610
section 3123.62 and section 3123.72 of the Revised Code, until the	14611
support order is converted and authorization for centralized	14612
collection and disbursement is given.	14613

Sec. 3125.29. (A) After conversion occurs and authorization	14614
for centralized collection and disbursement is granted as	14615
described in section 3125.28 of the Revised Code, a child support	14616
enforcement agency may continue to collect the following amounts	14617
from obligors who pay the amounts in person at the office of the	14618
agency:	14619

(1) Current support amounts and arrearages due under a	14620
support order being administered by the agency and the additional	14621
amount imposed pursuant to section 3119.27 of the Revised Code	14622
with respect to the order;	14623

(2) Amounts collected pursuant to sections 3121.59, 3123.45,	14624
3123.56, 3123.62, division (B) of section 3123.72, and section	14625
3123.956 of the Revised Code.	14626

(B) All amounts collected pursuant to division (A) of this	14627
section shall be forwarded to the office of child support no later	14628
than one day after receipt of the amounts.	14629

Sec. 3125.30. Amounts collected by a collection agent that	14630
has a contract with a child support enforcement agency pursuant to	14631
section 3125.13 of the Revised Code shall be paid to the office of	14632
child support. The agency shall forward any amounts collected	14633
pursuant to sections 3123.14 and 3123.73 of the Revised Code to	14634
the office no later than one day after receipt of those amounts.	14635

Sec. 3125.36. (A) Subject to division (B) of this section,	14636
all support orders that are administered by a child support	14637
enforcement agency designated under section 307.981 of the Revised	14638
Code or former section 2301.35 of the Revised Code and are	14639
eligible for Title IV-D services shall be Title IV-D cases under	14640
Title IV-D of the "Social Security Act." Subject to division (B)	14641
of this section, all obligees of support orders administered by	14642
the agency shall be considered to have filed a signed application	14643
for Title IV-D services.	14644

(B) Except as provided in division (D) of this section, a	14645
court that issues or modifies a support order shall require the	14646
obligee under the order to sign, at the time of the issuance or	14647
modification of the order, an application for Title IV-D services	14648
and to file, as soon as possible, the signed application with the	14649
child support enforcement agency that will administer the order.	14650
The application shall be on a form prescribed by the department of	14651
job and family services. Except as provided in division (D) of	14652
this section, a support order that is administered by a child	14653
support enforcement agency, and that is eligible for Title IV-D	14654
services shall be a Title IV-D case under Title IV-D of the	14655
"Social Security Act" only upon the filing of the signed	14656
application for Title IV-D services.	14657

(C) A child support enforcement agency shall make available	14658
an application for Title IV-D services to all persons requesting a	14659
child support enforcement agency's assistance in an action under	14660
sections 3111.01 to 3111.18 of the Revised Code or in an	14661
administrative proceeding brought to establish a parent and child	14662
relationship, to establish or modify an administrative support	14663
order, or to establish or modify an order to provide health	14664
insurance coverage for the children subject to a support order.	14665

(D) An obligee under a support order who has assigned the	14666
right to the support pursuant to section 5101.59 or 5107.20 of the	14667
Revised Code shall not be required to sign an application for	14668
Title IV-D services. The support order shall be considered a	14669
Title IV-D case.	14670

Sec. 3125.37. The department of job and family services	14671
shall charge an application fee of up to twenty-five dollars, as	14672
determined by rule adopted by the director of job and family	14673
services pursuant to Chapter 119. of the Revised Code, for	14674
furnishing services under Title IV-D of the "Social Security Act,"	14675
88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, to persons not	14676
participating in Ohio works first under Chapter 5107. of the	14677
Revised Code or to persons not exempted from paying the fee under	14678
section 454(6)(B) of the "Social Security Act," as amended by the	14679
"Balanced Budget Act of 1997," 111 Stat. 625, 42 U.S.C. 654(6)(B).	14680
The director shall adopt rules pursuant to Chapter 119. of the	14681
Revised Code authorizing counties, at their option, to waive the	14682
payment of the fee. The application fee, unless waived pursuant	14683
to rules adopted by the director pursuant to this section, shall	14684
be paid by those persons.	14685

~~Sec. 5101.317.~~ Sec. 3125.38. ~~(A)~~ The department of job and family	14686
services shall provide annual reviews of and reports to the	14687
secretary of health and human services concerning programs	14688
operated under Title IV-D of the "Social Security Act," 88 Stat.	14689
2351 (1975), 42 U.S.C. 651, as amended ~~by the "Personal~~	14690
~~Responsibility and Work Opportunity Reconciliation Act of 1996,"~~	14691
~~110 Stat. 2105~~, pursuant to rules adopted under ~~division (B) of~~	14692
~~this~~ section 3125.39of the Revised Code.	14693

~~(B) The director of job and family services shall adopt~~	14694
~~rules in accordance with Chapter 119. of the Revised Code that~~	14695
~~establish the following:~~	14696

~~(1) Procedures for annual reviews of and reports to the~~	14697
~~secretary of health and human services on the programs operated~~	14698
~~under Title IV-D of the "Social Security Act," as amended,~~	14699
~~including information necessary to measure compliance with federal~~	14700
~~requirements for expedited procedures;~~	14701

~~(2) Procedures for transmitting data and calculations~~	14702
~~regarding levels of accomplishment and rates of improvement for~~	14703
~~paternity establishment and child support enforcement from the~~	14704
~~automatic data processing system required under section 5101.322~~	14705
~~of the Revised Code to the secretary of health and human services.~~	14706

Sec. 3125.39. The director of job and family services shall	14707
adopt rules in accordance with Chapter 119. of the Revised Code	14708
that establish the following:	14709

(A) Procedures for annual reviews of and reports to the	14710
secretary of health and human services on the programs operated	14711
under Title IV-D of the "Social Security Act," as amended,	14712
including information necessary to measure compliance with federal	14713
requirements for expedited procedures;	14714

(B) Procedures for transmitting data and calculations	14715
regarding levels of accomplishment and rates of improvement for	14716
paternity establishment and child support enforcement from the	14717
automatic data processing system required under section 3125.07 of	14718
the Revised Code to the secretary of health and human services.	14719

Sec. 3125.41. (A) As used in this section:

14720

(1) "Cable television service" has the same meaning as in	14721
section 2913.01 of the Revised Code.	14722

(2) "Public utility" means a person or entity, including an	14723
entity owned or operated by a municipal corporation or other	14724
government entity, that is described in division (A) of section	14725
4905.03 of the Revised Code as a telephone company, electric light	14726
company, gas company, natural gas company, water-works company,	14727
heating or cooling company, or sewage disposal system company, or	14728
that is providing cable television service.	14729

(B) Except as provided in section 3125.43 of the Revised	14730
Code, the office of child support shall have access to all of the	14731
following unless release of the information is prohibited by	14732
federal or state law:	14733

(1) Any information in the possession of any officer or	14734
entity of the state or any political subdivision of the state that	14735
would aid the office in locating an absent parent or child	14736
pursuant to section 3125.06 of the Revised Code;	14737

(2) Any information concerning the employment, compensation,	14738
and benefits of any obligor or obligee subject to a support order	14739
in the possession of any person;	14740

(3) The name and address of any obligor or obligee subject to	14741
a support order and the obligor's or obligee's employer in the	14742
customer records of a public utility.	14743

Sec. 3125.42. The person or entity required to provide	14744
information pursuant to section 3125.41 of the Revised Code, may	14745
provide such information to a child support enforcement agency at	14746
the agency's request or require the agency to request that the	14747
office of child support request the information for the agency.	14748
The office shall request the information from the person or entity	14749
on the request of a child support enforcement agency.	14750

Sec. 3125.43. The department of taxation shall not provide	14751
any information to the office of child support, except as provided	14752
in this section. For purposes of the establishment of paternity,	14753
the establishment, modification, or enforcement of support orders,	14754
and the location of absent parents pursuant to child support	14755
enforcement activities and activities to establish and enforce	14756
orders allocating parenting rights and responsibilities and	14757
parenting time orders, the office is authorized to obtain	14758
information concerning the residential address and income of	14759
taxpayers if that information is contained in the state tax	14760
records maintained by the department. The department shall not	14761
provide any information to the office if the provision of the	14762
information is prohibited by state or federal law.	14763

Sec. 3125.44. The office of child support shall reimburse	14764
the department of taxation for the cost of accessing and obtaining	14765
the information described in section 3125.43 of the Revised Code.	14766

Sec. 3125.45. An officer or entity of the state or political	14767
subdivision of the state or any other person who provides	14768
information pursuant to section 3125.41, 3125.42, or 3125.43 of	14769
the Revised Code shall not be subject to criminal or civil	14770
liability for providing the information.	14771

Sec. 3125.46. No person or entity, other than an officer or	14772
entity of the state or a political subdivision of the state, shall	14773
fail to provide information as required by section 3125.41 or	14774
3125.42 of the Revised Code.	14775

Sec. 3125.47. A person or entity that violates section	14776
3125.46 of the Revised Code may be fined five hundred dollars.	14777

Sec. 3125.48. The department of job and family services	14778
shall file an action in the court of common pleas of Franklin	14779
county, requesting that the court impose the fine described in	14780
section 3125.47 of the Revised Code for failure to provide	14781
information as required by section 3125.41 or 3125.42 of the	14782
Revised Code. If the court determines that a person or entity	14783
failed to provide the information, it may impose the fine. The	14784
court shall direct that the fine be paid to the department.	14785

Sec. 3125.49. Neither the office of child support nor any	14786
child support enforcement agency shall use any social security	14787
number made available to it under section 3705.07 of the Revised	14788
Code for any purpose other than child support enforcement.	14789

Sec. 3125.50. Except as provided by the rules adopted	14790
pursuant to section 3125.51 of the Revised Code, no person shall	14791
do either of the following:	14792

(A) Disclose information concerning applicants for and	14793
recipients of Title IV-D support enforcement program services	14794
provided by a child support enforcement agency;	14795

(B) Disclose any information collected pursuant to section	14796
3125.41, 3125.42, or 3125.43 of the Revised Code.	14797

Sec. 3125.51. The director of job and family services shall	14798
adopt rules governing access to, and use and disclosure of, the	14799
information described in section 3125.50 of the Revised Code. The	14800
rules shall be consistent with the requirements of Title IV-D of	14801
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as	14802
amended, and any rules adopted under Title IV-D.	14803

Sec. 3125.58. Each court with jurisdiction to issue court	14804
support orders or orders establishing the existence or	14805
nonexistence of a parent and child relationship shall establish	14806
rules of court to ensure that the following percentage of all	14807
actions to establish the existence or nonexistence of a parent and	14808
child relationship, to establish a support requirement, or to	14809
modify a previously issued court support order are completed	14810
within the following time limits:	14811

(A) Seventy-five per cent of all of the actions shall be	14812
completed within six months after the date of initial filing;	14813

(B) Ninety per cent of all of the actions shall be completed	14814
within twelve months after the date of initial filing.	14815

Sec. 3125.59. With respect to a case for the establishment	14816
or modification of a support requirement that involves complex	14817
legal issues requiring full judicial review, the court shall issue	14818
a temporary support order within the time limits set forth in	14819
section 3125.58 of the Revised Code. The order shall be in effect	14820
until a final support order is issued in the case. All cases in	14821
which the imposition of a notice or order under section 3121.03 of	14822
the Revised Code is contested shall be completed within the period	14823
of time specified by law for completion of the case. The failure	14824
of a court to complete a case within the required period does not	14825
affect the ability of any court to issue any order under this	14826
section or any other section of the Revised Code for the payment	14827
of support, does not provide any defense to any order for the	14828
payment of support that is issued under this section or any other	14829
section of the Revised Code, and does not affect any obligation to	14830
pay support.	14831

Sec. 3125.60. (A) In any Title IV-D case, the judge, when	14832
necessary to satisfy the federal requirement of expedited process	14833
for obtaining court support orders and enforcing support orders,	14834
may appoint magistrates to make findings of fact and	14835
recommendations for the judge's approval in the case. All	14836
magistrates appointed pursuant to this section shall be attorneys	14837
admitted to the practice of law in this state. A court that	14838
appoints a magistrate pursuant to this section may appoint any	14839
additional administrative and support personnel for the	14840
magistrate.	14841

(B) Any magistrate appointed pursuant to this section may	14842
perform any of the following functions:	14843

(1) Taking testimony and keeping a record in the case;

14844

(2) Evaluating evidence and issuing recommendations to	14845
establish and modify court support orders and enforce support	14846
orders;	14847

(3) Accepting voluntary acknowledgments of support liability	14848
and stipulated agreements setting the amount of support to be	14849
paid;	14850

(4) Entering default orders if the obligor does not respond	14851
to notices in the case within a reasonable time after the notices	14852
are issued;	14853

(5) Any other functions considered necessary by the court.

14854

Sec. 3125.99. Whoever violates section 3125.50 of the	14855
Revised Code shall be fined not more than five hundred dollars, or	14856
imprisoned not more than six months, or both.	14857

Sec. 3301.071. (A) In the case of nontax-supported schools,	14858
standards for teacher certification prescribed under section	14859
3301.07 of the Revised Code shall provide for certification,	14860
without further educational requirements, of any administrator,	14861
supervisor, or teacher who has attended and received a bachelor's	14862
degree from a college or university accredited by a national or	14863
regional association in the United States except that, at the	14864
discretion of the state board of education, this requirement may	14865
be met by having an equivalent degree from a foreign college or	14866
university of comparable standing.	14867

In the case of nonchartered, nontax-supported schools, the	14868
standards for teacher certification prescribed under section	14869
3301.07 of the Revised Code shall provide for certification,	14870
without further educational requirements, of any administrator,	14871
supervisor, or teacher who has attended and received a diploma	14872
from a "bible college" or "bible institute" described in division	14873
(E) of section 1713.02 of the Revised Code.	14874

(B) Each person applying for a certificate under this	14875
section for purposes of serving in a nonpublic school chartered by	14876
the state board under section 3301.16 of the Revised Code shall	14877
pay a fee in the amount established under division (A) of section	14878
3319.51 of the Revised Code. Any fees received under this	14879
division shall be paid into the state treasury to the credit of	14880
the state board of education certification fund established under	14881
division (B) of section 3319.51 of the Revised Code.	14882

(C) A person applying for or holding any certificate	14883
pursuant to this section for purposes of serving in a nonpublic	14884
school chartered by the state board is subject to sections 3123.41	14885
to 3123.50 of the Revised Code and any applicable rules adopted	14886
under section 3123.63 of the Revised Code and sections ~~2301.373,~~	14887
3319.31, and 3319.311 of the Revised Code.	14888

(D) Divisions (B) and (C) of this section and sections	14889
3319.291, 3319.31, and 3319.311 of the Revised Code do not apply	14890
to any administrators, supervisors, or teachers in nonchartered,	14891
nontax-supported schools.	14892

Sec. 3301.074. (A) The state board of education shall, by	14893
rule adopted in accordance with Chapter 119. of the Revised Code,	14894
establish standards for licensing school district treasurers and	14895
business managers, for the renewal of such licenses, and for the	14896
issuance of duplicate copies of licenses. Licenses of the	14897
following types shall be issued or renewed by the board to	14898
applicants who meet the standards for the license or the renewal	14899
of the license for which application is made:	14900

(1) Treasurer, valid for serving as treasurer of a school	14901
district in accordance with section 3313.22 of the Revised Code;	14902

(2) Business manager, valid for serving as business manager	14903
of a school district in accordance with section 3319.03 of the	14904
Revised Code.	14905

(B) Each application for a license or renewal or duplicate	14906
copy of a license shall be accompanied by the payment of a fee in	14907
the amount established under division (A) of section 3319.51 of	14908
the Revised Code. Any fees received under this section shall be	14909
paid into the state treasury to the credit of the state board of	14910
education licensure fund established under division (B) of section	14911
3319.51 of the Revised Code.	14912

(C) Any person employed under section 3313.22 of the Revised	14913
Code as a treasurer on July 1, 1983, shall be considered to meet	14914
the standards for licensure as a treasurer and for renewal of such	14915
license. Any person employed under section 3319.03 of the Revised	14916
Code as a business manager on July 1, 1983, shall be considered to	14917
meet the standards for licensure as a business manager and for	14918
renewal of such license.	14919

(D) Any person applying for or holding any license pursuant	14920
to this section is subject to sections 3123.41 to 3123.50 of the	14921
Revised Code and any applicable rules adopted under section	14922
3123.63 of the Revised Code and sections ~~2301.373,~~ 3319.31, and	14923
3319.311 of the Revised Code.	14924

Sec. 3301.71. On receipt of a notice pursuant to section	14925
~~2301.373~~3123.43 of the Revised Code, the state board of education	14926
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	14927
Revised Code and any applicable rules adopted under section	14928
3123.63 of the Revised Code with respect to a license or	14929
certificate issued pursuant to this chapter.	14930

Sec. 3304.42. On receipt of a notice pursuant to section	14931
~~2301.373~~3123.43 of the Revised Code, the bureau of services for	14932
the visually impaired shall comply with ~~that section~~sections	14933
3123.41 to 3123.50 of the Revised Code and any applicable rules	14934
adopted under section 3123.63 of the Revised Code with respect to	14935
a license issued pursuant to this chapter.	14936

Sec. 3305.08. Any payment, benefit, or other right accruing	14937
to any electing employee under a contract the employee enters into	14938
for purposes of an alternative retirement plan, any contributions	14939
to the electing employee's alternative retirement plan pursuant to	14940
section 3305.06 of the Revised Code, and all moneys, investments,	14941
and income of those contracts are exempt from any state tax,	14942
except the tax imposed by section 5747.02 of the Revised Code and,	14943
except as provided in sections 3119.80, 3119.81, 3121.02, 3121.03,	14944
3123.06,and 3305.09~~, 3311.23, and 3113.21~~ of the Revised Code,	14945
shall not be subject to execution, garnishment, attachment, the	14946
operation of bankruptcy or the insolvency law, or other process of	14947
law, and shall be unassignable except as specifically provided in	14948
this section and sections ~~3111.23~~3119.80, 3119.81, 3121.02,	14949
3121.03, and ~~3113.21~~3123.06 of the Revised Code and any contract	14950
the electing employee has entered into for purposes of an	14951
alternative retirement plan.	14952

Sec. 3307.20. (A) As used in this section:

14953

(1) "Personal history record" means information maintained	14954
by the state teachers retirement board on a member, former member,	14955
contributor, former contributor, retirant, or beneficiary that	14956
includes the address, telephone number, social security number,	14957
record of contributions, correspondence with the state teachers	14958
retirement system, or other information the board determines to be	14959
confidential.	14960

(2) "Retirant" has the same meaning as in section 3307.50 of	14961
the Revised Code.	14962

(B) The records of the board shall be open to public	14963
inspection, except for the following, which shall be excluded,	14964
except with the written authorization of the individual concerned:	14965

(1) The individual's personal records provided for in	14966
section 3307.23 of the Revised Code;	14967

(2) The individual's personal history record;

14968

(3) Any information identifying, by name and address, the	14969
amount of a monthly allowance or benefit paid to the individual.	14970

(C) All medical reports and recommendations under sections	14971
3307.62, 3307.64, and 3307.66 of the Revised Code are privileged,	14972
except that copies of such medical reports or recommendations	14973
shall be made available to the personal physician, attorney, or	14974
authorized agent of the individual concerned upon written release	14975
received from the individual or the individual's agent, or, when	14976
necessary for the proper administration of the fund, to the board	14977
assigned physician.	14978

(D) Any person who is a member or contributor of the system	14979
shall be furnished, on written request, with a statement of the	14980
amount to the credit of the person's account. The board need not	14981
answer more than one request of a person in any one year.	14982

(E) Notwithstanding the exceptions to public inspection in	14983
division (B) of this section, the board may furnish the following	14984
information:	14985

(1) If a member, former member, retirant, contributor, or	14986
former contributor is subject to an order issued under section	14987
2907.15 of the Revised Code or is convicted of or pleads guilty to	14988
a violation of section 2921.41 of the Revised Code, on written	14989
request of a prosecutor as defined in section 2935.01 of the	14990
Revised Code, the board shall furnish to the prosecutor the	14991
information requested from the individual's personal history	14992
record.	14993

(2) Pursuant to a court or administrative order issued under	14994
section ~~3111.23~~3119.80, 3119.81, 3121.02, 3121.03, or ~~3113.21~~	14995
3123.06 of the Revised Code, the board shall furnish to a court or	14996
child support enforcement agency the information required under	14997
that section.	14998

(3) At the written request of any person, the board shall	14999
provide to the person a list of the names and addresses of	15000
members, former members, retirants, contributors, former	15001
contributors, or beneficiaries. The costs of compiling, copying,	15002
and mailing the list shall be paid by such person.	15003

(4) Within fourteen days after receiving from the director	15004
of job and family services a list of the names and social security	15005
numbers of recipients of public assistance pursuant to section	15006
5101.181 of the Revised Code, the board shall inform the auditor	15007
of state of the name, current or most recent employer address, and	15008
social security number of each member whose name and social	15009
security number are the same as that of a person whose name or	15010
social security number was submitted by the director. The board	15011
and its employees shall, except for purposes of furnishing the	15012
auditor of state with information required by this section,	15013
preserve the confidentiality of recipients of public assistance in	15014
compliance with division (A) of section 5101.181 of the Revised	15015
Code.	15016

(F) A statement that contains information obtained from the	15017
system's records that is signed by an officer of the retirement	15018
system and to which the system's official seal is affixed, or	15019
copies of the system's records to which the signature and seal are	15020
attached, shall be received as true copies of the system's records	15021
in any court or before any officer of this state.	15022

Sec. 3307.41. The right of a person to a pension, an	15023
annuity, or a retirement allowance itself, any optional benefit,	15024
or any other right or benefit accrued or accruing to any person,	15025
under this chapter, or the various funds created by section	15026
3307.14 of the Revised Code and all moneys and investments and	15027
income thereof, are exempt from any state tax, except the tax	15028
imposed by section 5747.02 of the Revised Code and are exempt from	15029
any county, municipal, or other local tax, except taxes imposed	15030
pursuant to section 5748.02 or 5748.08 of the Revised Code and,	15031
except as provided in sections ~~3111.23, 3113.21~~3119.80, 3119.81,	15032
3121.02, 3121.03, 3123.06, and 3307.37 of the Revised Code, shall	15033
not be subject to execution, garnishment, attachment, the	15034
operation of bankruptcy or insolvency laws, or any other process	15035
of law whatsoever, and shall be unassignable except as	15036
specifically provided in this chapter or sections ~~3111.23 and~~	15037
~~3113.21~~3119.80, 3119.81, 3121.02, 3121.03,and3123.06 of the	15038
Revised Code.	15039

Sec. 3309.22. (A) The treasurer of state shall furnish	15040
annually to the school employees retirement board a sworn	15041
statement of the amount of the funds in the treasurer's custody	15042
belonging to the school employees retirement system.	15043

(B)(1) As used in this division, "personal history record"	15044
means information maintained by the board on a member, former	15045
member, contributor, former contributor, retirant, or beneficiary	15046
that includes the address, telephone number, social security	15047
number, record of contributions, correspondence with the system,	15048
and other information the board determines to be confidential.	15049

(2) The records of the board shall be open to public	15050
inspection, except for the following, which shall be excluded,	15051
except with the written authorization of the individual concerned:	15052

(a) The individual's statement of previous service and other	15053
information as provided for in section 3309.28 of the Revised	15054
Code;	15055

(b) Any information identifying by name and address the	15056
amount of a monthly allowance or benefit paid to the individual;	15057

15058

(C) All medical reports and recommendations required by the	15059
system are privileged except that copies of such medical reports	15060
or recommendations shall be made available to the personal	15061
physician, attorney, or authorized agent of the individual	15062
concerned upon written release received from the individual or the	15063
individual's agent, or when necessary for the proper	15064
administration of the fund, to the board assigned physician.	15065

(D) Any person who is a contributor of the system shall be	15066
furnished, on written request, with a statement of the amount to	15067
the credit of the person's account. The board need not answer	15068
more than one such request of a person in any one year.	15069

(E) Notwithstanding the exceptions to public inspection in	15070
division (B)(2) of this section, the board may furnish the	15071
following information:	15072

(1) If a member, former member, contributor, former	15073
contributor, or retirant is subject to an order issued under	15074
section 2907.15 of the Revised Code or is convicted of or pleads	15075
guilty to a violation of section 2921.41 of the Revised Code, on	15076
written request of a prosecutor as defined in section 2935.01 of	15077
the Revised Code, the board shall furnish to the prosecutor the	15078
information requested from the individual's personal history	15079
record.	15080

(2) Pursuant to a court or administrative order issued under	15081
section ~~3111.23~~3119.80, 3119.81, 3121.02, 3121.03, or ~~3113.21~~	15082
3123.06 of the Revised Code, the board shall furnish to a court or	15083
child support enforcement agency the information required under	15084
that section.	15085

(3) At the written request of any person, the board shall	15086
provide to the person a list of the names and addresses of	15087
members, former members, retirants, contributors, former	15088
contributors, or beneficiaries. The costs of compiling, copying,	15089
and mailing the list shall be paid by such person.	15090

(4) Within fourteen days after receiving from the director	15091
of job and family services a list of the names and social security	15092
numbers of recipients of public assistance pursuant to section	15093
5101.181 of the Revised Code, the board shall inform the auditor	15094
of state of the name, current or most recent employer address, and	15095
social security number of each contributor whose name and social	15096
security number are the same as that of a person whose name or	15097
social security number was submitted by the director. The board	15098
and its employees shall, except for purposes of furnishing the	15099
auditor of state with information required by this section,	15100
preserve the confidentiality of recipients of public assistance in	15101
compliance with division (A) of section 5101.181 of the Revised	15102
Code.	15103

(F) A statement that contains information obtained from the	15104
system's records that is signed by an officer of the retirement	15105
system and to which the system's official seal is affixed, or	15106
copies of the system's records to which the signature and seal are	15107
attached, shall be received as true copies of the system's records	15108
in any court or before any officer of this state.	15109

Sec. 3309.66. The right of a person to a pension, an	15110
annuity, or a retirement allowance itself, any optional benefit,	15111
any other right accrued or accruing to any persons, under sections	15112
3309.01 to 3309.68 of the Revised Code, or the various funds	15113
created by section 3309.60 of the Revised Code and all moneys and	15114
investments and income thereof, are exempt from any state tax,	15115
except the tax imposed by section 5747.02 of the Revised Code, and	15116
are exempt from any county, municipal, or other local tax, except	15117
taxes imposed pursuant to section 5748.02 or 5748.08 of the	15118
Revised Code and, except as provided in sections ~~3111.23,~~	15119
~~3113.21~~3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and 3309.67 of	15120
the Revised Code, shall not be subject to execution, garnishment,	15121
attachment, the operation of bankruptcy or insolvency laws, or any	15122
other process of law whatsoever, and shall be unassignable except	15123
as specifically provided in sections ~~3111.23, 3113.21~~3119.80,	15124
3119.81, 3121.02, 3121.03, 3123.06, and 3309.01 to 3309.68 of the	15125
Revised Code.	15126

Sec. 3319.088. As used in this section, "educational	15127
assistant" means any nonteaching employee in a school district who	15128
directly assists a teacher as defined in section 3319.09 of the	15129
Revised Code, by performing duties for which a license issued	15130
pursuant to sections 3319.22 to 3319.30 of the Revised Code is not	15131
required.	15132

(A) The state board of education shall issue educational	15133
aide permits and educational paraprofessional licenses for	15134
educational assistants and shall adopt rules for the issuance and	15135
renewal of such permits and licenses which shall be consistent	15136
with the provisions of this section. Educational aide permits and	15137
educational paraprofessional licenses may be of several types and	15138
the rules shall prescribe the minimum qualifications of education,	15139
health, and character for the service to be authorized under each	15140
type. The prescribed minimum qualifications may require special	15141
training or educational courses designed to qualify a person to	15142
perform effectively the duties authorized under an educational	15143
aide permit or educational paraprofessional license.	15144

(B)(1) Any application for a permit or license, or a renewal	15145
or duplicate of a permit or license, under this section shall be	15146
accompanied by the payment of a fee in the amount established	15147
under division (A) of section 3319.51 of the Revised Code. Any	15148
fees received under this division shall be paid into the state	15149
treasury to the credit of the state board of education licensure	15150
fund established under division (B) of section 3319.51 of the	15151
Revised Code.	15152

(2) Any person applying for or holding a permit or license	15153
pursuant to this section is subject to sections 3123.41 to 3123.50	15154
of the Revised Code and any applicable rules adopted under section	15155
3123.63 of the Revised Code and sections ~~2301.373,~~ 3319.31, and	15156
3319.311 of the Revised Code.	15157

(C) Educational assistants shall at all times while in the	15158
performance of their duties be under the supervision and direction	15159
of a teacher as defined in section 3319.09 of the Revised Code.	15160
Educational assistants may assist a teacher to whom assigned in	15161
the supervision of pupils, in assisting with instructional tasks,	15162
and in the performance of duties which, in the judgment of the	15163
teacher to whom the assistant is assigned, may be performed by a	15164
person not licensed pursuant to sections 3319.22 to 3319.30 of the	15165
Revised Code and for which a teaching license, issued pursuant to	15166
sections 3319.22 to 3319.30 of the Revised Code is not required.	15167
The duties of an educational ~~assistants~~assistant shall not	15168
include the assignment of grades to pupils. The duties of an	15169
educational assistants need not be performed in the physical	15170
presence of the teacher to whom assigned, but the activity of an	15171
educational assistant shall at all times be under the direction of	15172
the teacher to whom assigned. The assignment of an educational	15173
assistant need not be limited to assisting a single teacher. In	15174
the event an educational assistant is assigned to assist more than	15175
one teacher the assignments shall be clearly delineated and so	15176
arranged that the educational assistant shall never be subject to	15177
simultaneous supervision or direction by more than one teacher.	15178

Educational assistants assigned to supervise children shall,	15179
when the teacher to whom assigned is not physically present,	15180
maintain the degree of control and discipline which would be	15181
maintained by the teacher, but an educational assistant may not	15182
render corporal punishment.	15183

Except when expressly permitted solely for the purposes of	15184
section 3317.029 of the Revised Code, educational assistants may	15185
not be used in place of classroom teachers or other employees and	15186
any payment of compensation by boards of education to educational	15187
assistants for such services is prohibited. The ratio between the	15188
number of licensed teachers and the pupils in a school district	15189
may not be decreased by utilization of educational assistants and	15190
no grouping, or other organization of pupils, for utilization of	15191
educational assistants shall be established which is inconsistent	15192
with sound educational practices and procedures. A school	15193
district may employ up to one full time equivalent educational	15194
assistant for each six full time equivalent licensed employees of	15195
the district. Educational assistants shall not be counted as	15196
licensed employees for purposes of state support in the school	15197
foundation program and no grouping or regrouping of pupils with	15198
educational assistants may be counted as a class or unit for	15199
school foundation program purposes. Neither special courses	15200
required by the regulations of the state board of education,	15201
prescribing minimum qualifications of education for an educational	15202
assistant, nor years of service as an educational assistant shall	15203
be counted in any way toward qualifying for a teacher license, for	15204
a teacher contract of any type, or for determining placement on a	15205
salary schedule in a school district as a teacher.	15206

(D) Educational assistants employed by a board of education	15207
shall have all rights, benefits, and legal protection available to	15208
other nonteaching employees in the school district, except that	15209
provisions of Chapter 124. of the Revised Code shall not apply to	15210
any person employed as an educational assistant, and shall be	15211
members of the school employees retirement system. Educational	15212
assistants shall be compensated according to a salary plan adopted	15213
annually by the board.	15214

Except as provided in this section nonteaching employees	15215
shall not serve as educational assistants without first obtaining	15216
an appropriate educational aide permit or educational	15217
paraprofessional license from the state board of education. A	15218
nonteaching employee who is the holder of a valid educational aide	15219
permit or educational paraprofessional license shall neither	15220
render nor be required to render services inconsistent with the	15221
type of services authorized by the permit or license held. No	15222
person shall receive compensation from a board of education for	15223
services rendered as an educational assistant in violation of this	15224
provision.	15225

Nonteaching employees whose functions are solely	15226
secretarial-clerical and who do not perform any other duties as	15227
educational assistants, even though they assist a teacher and work	15228
under the direction of a teacher shall not be required to hold a	15229
permit or license issued pursuant to this section. Students	15230
preparing to become licensed teachers or educational assistants	15231
shall not be required to hold an educational aide permit or	15232
paraprofessional license for such periods of time as such students	15233
are assigned, as part of their training program, to work with a	15234
teacher in a school district. Such students shall not be	15235
compensated for such services.	15236

Following the determination of the assignment and general job	15237
description of an educational assistant and subject to supervision	15238
by the teacher's immediate administrative officer, a teacher to	15239
whom an educational assistant is assigned shall make all final	15240
determinations of the duties to be assigned to such assistant.	15241
Teachers shall not be required to hold a license designated for	15242
being a supervisor or administrator in order to perform the	15243
necessary supervision of educational assistants.	15244

(E) No person who is, or who has been employed as an	15245
educational assistant shall divulge, except to the teacher to whom	15246
assigned, or the administrator of the school in the absence of the	15247
teacher to whom assigned, or when required to testify in a court	15248
or proceedings, any personal information concerning any pupil in	15249
the school district which was obtained or obtainable by the	15250
educational assistant while so employed. Violation of this	15251
provision is grounds for disciplinary action or dismissal, or	15252
both.	15253

Sec. 3319.29. Each application for any license or	15254
certificate pursuant to section 3319.22 to 3319.28 of the Revised	15255
Code or for any permit pursuant to section 3319.301 of the Revised	15256
Code, or renewal or duplicate of such a license, certificate, or	15257
permit, shall be accompanied by the payment of a fee in the amount	15258
established under division (A) of section 3319.51 of the Revised	15259
Code. Any fees received under this section shall be paid into the	15260
state treasury to the credit of the state board of education	15261
licensure fund established under division (B) of section 3319.51	15262
of the Revised Code.	15263

Any person applying for or holding a license, certificate, or	15264
permit pursuant to this section and sections 3319.22 to 3319.28 or	15265
3319.301 of the Revised Code is subject to sections 3123.41 to	15266
3123.50 of the Revised Code and any applicable rules adopted under	15267
section 3123.63 of the Revised Code and sections ~~2301.373,~~	15268
3319.31, and 3319.311 of the Revised Code.	15269

Sec. 3319.31. (A) As used in this section and sections	15270
~~2301.373~~3123.41to3123.50 and 3319.311 of the Revised Code,	15271
"license" means a certificate, license, or permit described in	15272
division (B) of section 3301.071 or in section 3301.074, 3319.088,	15273
or 3319.29 of the Revised Code.	15274

(B) For any of the following reasons, the state board of	15275
education, in accordance with Chapter 119. and section 3319.311 of	15276
the Revised Code, may refuse to issue a license to an applicant,	15277
may limit a license it issues to an applicant, or may suspend,	15278
revoke, or limit a license that has been issued to any person:	15279

(1) Engaging in an immoral act, incompetence, negligence, or	15280
conduct that is unbecoming to the applicant's or person's	15281
position;	15282

(2) A plea of guilty to, a finding of guilt by a jury or	15283
court of, or a conviction of any of the following:	15284

(a) A felony;

15285

(b) A violation of section 2907.04 or 2907.06 or division	15286
(A) or (C) of section 2907.07 of the Revised Code;	15287

15288

(d) A theft offense, as defined in section 2913.01 of the	15289
Revised Code;	15290

(e) A drug abuse offense, as defined in section 2925.01 of	15291
the Revised Code, that is not a minor misdemeanor;	15292

(f) A violation of an ordinance of a municipal corporation	15293
that is substantively comparable to an offense listed in divisions	15294
(B)(2)(a) to (e) of this section.	15295

(C) The state board may take action under division (B) of	15296
this section on the basis of substantially comparable conduct	15297
occurring in a jurisdiction outside this state or occurring before	15298
a person applies for or receives any license.	15299

(D) The state board may adopt rules in accordance with	15300
Chapter 119. of the Revised Code to carry out this section and	15301
section 3319.311 of the Revised Code.	15302

Sec. 3319.312. On receipt of a notice pursuant to section	15303
~~2301.373~~3123.43 of the Revised Code, the state board of education	15304
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	15305
Revised Code and any applicable rules adopted under section	15306
3123.63 of the Revised Code with respect to a certificate or	15307
permit issued pursuant to this chapter.	15308

Sec. 3332.031. The state board of proprietary school	15309
registration shall:	15310

(A) Adopt rules under Chapter 119. of the Revised Code	15311
necessary to carry out its duties and responsibilities under this	15312
chapter;	15313

(B) Establish minimum standards for the registration and	15314
operation of private career schools including but not necessarily	15315
limited to standards to ensure school financial stability;	15316

(C) Issue certificates of registration to private career	15317
schools pursuant to division (A) of section 3332.05 of the Revised	15318
Code;	15319

(D) Suspend or revoke the certificate of registration of	15320
schools pursuant to sections 3332.09 and 3332.091 of the Revised	15321
Code;	15322

(E) Establish minimum standards for certificate, diploma,	15323
and degree programs offered by schools;	15324

(F) Issue program authorization pursuant to divisions (B)	15325
and (C) of section 3332.05 of the Revised Code;	15326

(G) Suspend or revoke program authorization for schools	15327
pursuant to sections 3332.09 and 3332.091 of the Revised Code;	15328

(H) Establish minimum standards, including but not	15329
necessarily limited to a code of ethics, for agents employed by	15330
schools registered under this chapter to reasonably ensure that	15331
such agents provide adequate, ethical, and accurate information to	15332
prospective students;	15333

(I) Grant permits to agents pursuant to sections 3332.10 and	15334
3332.11 of the Revised Code;	15335

(J) Suspend or revoke an agent's permit pursuant to section	15336
~~2301.373~~3123.47 or 3332.12 of the Revised Code;	15337

(K) Monitor recruitment and admissions practices of schools	15338
holding certificates of registration to ensure compliance with	15339
this chapter and the rules of the board;	15340

(L)(1) Adopt rules requiring all schools to provide all	15341
applicant students, prior to their signing enrollment agreements,	15342
written information concerning the school's graduation and	15343
placement rates for each of the preceding three years and any	15344
other information the board deems pertinent.	15345

(2) Adopt rules requiring all schools to provide any student	15346
or applicant student, prior to the signing of any financial aid,	15347
grant, or loan application, written information concerning the	15348
obligations of a student obtaining such financial aid, grant, or	15349
loan.	15350

(3) Upon request, a school shall furnish the board with a	15351
copy of all information required by this division. The board	15352
shall monitor schools to ensure their compliance with this	15353
division.	15354

(M) Adopt a rule requiring all schools to include, in the	15355
enrollment agreement, notice that any problems the student is	15356
having with the school, or complaints the student has about the	15357
school, may be directed to the board, which notice shall include	15358
the telephone number of the executive director of the board;	15359

(N) Report annually to the governor and the general assembly	15360
on the activities of the board and private career schools, and	15361
make legislative recommendations when necessary to enable the	15362
board to better serve the student population and the schools	15363
registered under this chapter;	15364

(O) Adopt a rule requiring a uniform tuition refund policy	15365
for all schools subject to this chapter. In adopting the rule,	15366
the board shall consider the tuition refund policies effectuated	15367
by state-supported colleges and universities. Each school subject	15368
to this chapter shall furnish to each prospective student, prior	15369
to ~~his~~the signing of an enrollment agreement, a copy of the	15370
tuition refund policy.	15371

(P) Adopt a rule establishing minimum standards for all	15372
faculty and instructional staff in all instructional programs at a	15373
school. In the case of full-time faculty members employed for	15374
degree programs, such standards shall include all of the	15375
following:	15376

(1) A prohibition against employing on or after July 1,	15377
1993, any new full-time faculty member to teach the general study	15378
portion of any degree program, unless the person holds a master's	15379
degree in the subject matter discipline or holds a master's degree	15380
in education with proficiency in the subject matter discipline	15381
demonstrated in accordance with the standards adopted by the	15382
board.	15383

(2) Except as provided under the standards adopted pursuant	15384
to division (P)(3) of this section, a prohibition against	15385
employing or reemploying on or after July 1, 1998, any full-time	15386
faculty member to teach the general study portion of any degree	15387
program, unless the person holds a master's degree in the subject	15388
matter discipline or holds a master's degree in education with	15389
proficiency in the subject matter discipline demonstrated in	15390
accordance with the standards adopted by the board.	15391

(3) Standards under which the board, upon written request	15392
submitted to the board prior to July 1, 1994, by any school, may	15393
exempt the school from the prohibition adopted pursuant to	15394
division (P)(2) of this section with regard to any individual	15395
full-time faculty member employed by the school who has	15396
demonstrated outstanding teaching performance in the general study	15397
portion of any degree program at the school for a period of at	15398
least six years prior to July 1, 1993.	15399

(4) Definitions of "full-time faculty member," "new faculty	15400
member," and any other term the board considers necessary to	15401
define.	15402

(Q) Adopt a rule prohibiting a school or branch campus	15403
thereof from claiming accreditation from an accrediting agency in	15404
any of its advertising, recruiting, or promotional materials	15405
unless the agency is recognized as an accrediting agency by the	15406
United States department of education.	15407

Sec. 3332.18. On receipt of a notice pursuant to section	15408
~~2301.373~~3123.43 of the Revised Code, the state board of	15409
proprietary school registration shall comply with ~~that section~~	15410
sections 3123.41 to 3123.50 of the Revised Code and any applicable	15411
rules adopted under section 3123.63 of the Revised Code with	15412
respect to a permit issued pursuant to this chapter.	15413

Sec. 3705.09. (A) A birth certificate for each live birth	15414
in this state shall be filed in the registration district in which	15415
it occurs within ten days after such birth and shall be registered	15416
if it has been completed and filed in accordance with this	15417
section.	15418

(B) When a birth occurs in or en route to an institution,	15419
the person in charge of the institution or a designated	15420
representative shall obtain the personal data, prepare the	15421
certificate, secure the signatures required, and file the	15422
certificate within ten days with the local registrar of vital	15423
statistics. The physician in attendance shall provide the medical	15424
information required by the certificate and certify to the facts	15425
of birth within seventy-two hours after the birth.	15426

(C) When a birth occurs outside an institution, the birth	15427
certificate shall be prepared and filed by one of the following in	15428
the indicated order of priority:	15429

(1) The physician in attendance at or immediately after the	15430
birth;	15431

(2) Any other person in attendance at or immediately after	15432
the birth;	15433

(3) The father;

15434

(4) The mother;

15435

(5) The person in charge of the premises where the birth	15436
occurred.	15437

(D) Either of the parents of the child or other informant	15438
shall attest to the accuracy of the personal data entered on the	15439
birth certificate in time to permit the filing of the certificate	15440
within the ten days prescribed in this section.	15441

(E) When a birth occurs in a moving conveyance within the	15442
United States and the child is first removed from the conveyance	15443
in this state, the birth shall be registered in this state and the	15444
place where it is first removed shall be considered the place of	15445
birth. When a birth occurs on a moving conveyance while in	15446
international waters or air space or in a foreign country or its	15447
air space and the child is first removed from the conveyance in	15448
this state, the birth shall be registered in this state but the	15449
record shall show the actual place of birth insofar as can be	15450
determined.	15451

(F)(1) If the mother of a child was married at the time of	15452
either conception or birth or between conception and birth, the	15453
child shall be registered in the surname designated by the mother,	15454
and the name of the husband shall be entered on the certificate as	15455
the father of the child. The presumption of paternity shall be in	15456
accordance with section 3111.03 of the Revised Code.	15457

(2) If the mother was not married at the time of conception	15458
or birth or between conception and birth, the child shall be	15459
registered by the surname designated by the mother. The name of	15460
the father of such child shall also be inserted on the birth	15461
certificate if both the mother and the father sign an	15462
acknowledgement of paternity affidavit before the birth record has	15463
been sent to the local registrar. If the father is not named on	15464
the birth certificate pursuant to division (F)(1) or (2) of this	15465
section, no other information about the father shall be entered on	15466
the record.	15467

(G) When a man is presumed or found to be the father of a	15468
child, according to sections 3111.01 to ~~3111.19~~3111.18, former	15469
section 3111.21, or ~~section 3111.22~~sections 3111.38 to3111.54 of	15470
the Revised Code, or the father has acknowledged the child as his	15471
child in an acknowledgment of paternity, and the acknowledgment	15472
has become final pursuant to section 2151.232, ~~3111.211~~3111.25,	15473
or ~~5101.314~~3111.821 of the Revised Code, and documentary evidence	15474
of such fact is submitted to the department of health in such form	15475
as the director may require, a new birth record shall be issued by	15476
the department which shall have the same overall appearance as the	15477
record which would have been issued under this section if a	15478
marriage had occurred before the birth of such child. Where	15479
handwriting is required to effect such appearance, the department	15480
shall supply it. Upon the issuance of such new birth record, the	15481
original birth record shall cease to be a public record. Except	15482
as provided in division (C) of section 3705.091 of the Revised	15483
Code, the original record and any documentary evidence supporting	15484
the new registration of birth shall be placed in an envelope which	15485
shall be sealed by the department and shall not be open to	15486
inspection or copy unless so ordered by a court of competent	15487
jurisdiction.	15488

The department shall then promptly forward a copy of the new	15489
birth record to the local registrar of vital statistics of the	15490
district in which the birth occurred, and such local registrar	15491
shall file a copy of such new birth record along with and in the	15492
same manner as the other copies of birth records in such local	15493
registrar's possession. All copies of the original birth record	15494
in the possession of the local registrar or the probate court, as	15495
well as any and all index references to it, shall be destroyed.	15496
Such new birth record, as well as any certified or exact copy of	15497
it, when properly authenticated by a duly authorized person shall	15498
be prima-facie evidence in all courts and places of the facts	15499
stated in it.	15500

(H) When a woman who is a legal resident of this state has	15501
given birth to a child in a foreign country that does not have a	15502
system of registration of vital statistics, a birth record may be	15503
filed in the office of vital statistics on evidence satisfactory	15504
to the director of health.	15505

(I) Every birth certificate filed under this section on or	15506
after July 1, 1990, shall be accompanied by all social security	15507
numbers that have been issued to the parents of the child, unless	15508
the division of child support in the department of job and family	15509
services, acting in accordance with regulations prescribed under	15510
the "Family Support Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 405,	15511
as amended, finds good cause for not requiring that the numbers be	15512
furnished with the certificate. The parents' social security	15513
numbers shall not be recorded on the certificate. The local	15514
registrar of vital statistics shall transmit the social security	15515
numbers to the state office of vital statistics in accordance with	15516
section 3705.07 of the Revised Code. No social security number	15517
obtained under this division shall be used for any purpose other	15518
than child support enforcement.	15519

Sec. 3705.091. (A) If the natural mother and alleged father	15520
of a child sign an acknowledgment of paternity affidavit prepared	15521
pursuant to section ~~5101.324~~3111.31 of the Revised Code with	15522
respect to that child at the office of the local registrar, the	15523
local registrar shall provide a notary public to notarize the	15524
acknowledgment. The local registrar shall send a signed and	15525
notarized acknowledgment of paternity to the ~~division~~office of	15526
child support in the department of job and family services	15527
pursuant to section ~~5101.314~~3111.22 of the Revised Code. The	15528
local registrar shall send the acknowledgment no later than ten	15529
days after it has been signed and notarized. If the local	15530
registrar knows a man is presumed under section 3111.03 of the	15531
Revised Code to be the father of the child and that the presumed	15532
father is not the man who signed or is attempting to sign an	15533
acknowledgment with respect to the child, the local registrar	15534
shall not notarize or send anthe acknowledgment ~~with respect to~~	15535
~~the child~~ pursuant to this section.	15536

(B) The local registrar of vital statistics shall provide an	15537
acknowledgment of paternity affidavit described in division (A) of	15538
this section to any person that requests it.	15539

(C) The department of health shall store all acknowledgments	15540
of paternity affidavits it receives pursuant to section ~~5101.314~~	15541
3111.24 of the Revised Code. The department of health shall send	15542
to the ~~division~~office any acknowledgment the department is	15543
storing that the ~~division~~office requests. The department of	15544
health shall adopt rules pursuant to Chapter 119. of the Revised	15545
Code to govern the method of storage of the acknowledgments and to	15546
implement this section.	15547

(D) The department of health and the department of job and	15548
family services shall enter into an agreement regarding expenses	15549
incurred by the department of health in comparing acknowledgment	15550
of paternity affidavits to birth records and storage of	15551
acknowledgment of paternity affidavits.	15552

Sec. 3710.19. On receipt of a notice pursuant to section	15553
~~2301.373~~3123.43 of the Revised Code, the department of health	15554
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	15555
Revised Code and any applicable rules adopted under section	15556
3123.63 of the Revised Code with respect to a license or	15557
certificate issued pursuant to this chapter.	15558

Sec. 3719.82. On receipt of a notice pursuant to section	15559
~~2301.373~~3123.43 of the Revised Code, the state board of pharmacy	15560
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	15561
Revised Code and any applicable rules adopted under section	15562
3123.63 of the Revised Code with respect to a license issued	15563
pursuant to this chapter.	15564

Sec. 3723.18. On receipt of a notice pursuant to section	15565
~~2301.373~~3123.43 of the Revised Code, the director of health shall	15566
comply with ~~that section~~sections 3123.41 to 3123.50 of the	15567
Revised Code and any applicable rules adopted under section	15568
3123.63 of the Revised Code with respect to a license issued	15569
pursuant to this chapter.	15570

Sec. 3727.17. Each hospital shall provide a staff person to	15571
do all of the following:	15572

(A) Meet with each unmarried mother who gave birth in or en	15573
route to the hospital within twenty-four hours after the birth or	15574
before the mother is released from the hospital;	15575

(B) Attempt to meet with the father of the unmarried	15576
mother's child if possible;	15577

(C) Explain to the unmarried mother and the father, if the	15578
father is present, the benefit to the child of establishing a	15579
parent and child relationship between the father and the child and	15580
the various proper procedures for establishing a parent and child	15581
relationship;	15582

(D) Present to the unmarried mother and, if possible, the	15583
father, the pamphlet or statement regarding the rights and	15584
responsibilities of a natural parent prepared by the department of	15585
job and family services pursuant to section ~~5101.324~~3111.32 of	15586
the Revised Code;	15587

(E) Provide the unmarried mother, and if possible the	15588
father, all forms and statements necessary to voluntarily	15589
establish a parent and child relationship, including the	15590
acknowledgment of paternity form prepared by the department of job	15591
and family services pursuant to section ~~5101.324~~3111.31 of the	15592
Revised Code ~~and required under section 5101.314 of the Revised~~	15593
~~Code~~;	15594

(F) Upon both the mother's and father's request, help the	15595
mother and father complete any specific form or statement	15596
necessary to establish a parent and child relationship;	15597

(G) Present to an unmarried mother who is not a recipient of	15598
medicaid or a participant in Ohio works first an application for	15599
Title IV-D services;	15600

(H) Mail the voluntary acknowledgment of paternity, no later	15601
than ten days after it is completed, to the ~~division~~office of	15602
child support in the department of job and family services.	15603

Each hospital shall provide a notary public to notarize an	15604
acknowledgment of paternity signed by the mother and father. If a	15605
hospital knows or determines that a man is presumed under section	15606
3111.03 of the Revised Code to be the father of the child	15607
described in this section and that the presumed father is not the	15608
man who signed or is attempting to sign an acknowledgment with	15609
respect to the child, the hospital shall take no further action	15610
with regard to anthe acknowledgment and shall not mail anthe	15611
acknowledgment ~~with respect to the child~~ pursuant to this section.	15612

A hospital may contract with a person or government entity to	15613
fulfill its responsibilities under this section and ~~section~~	15614
~~2301.357~~sections 3111.71 to3111.74 of the Revised Code.	15615
Services provided by a hospital under this section or pursuant to	15616
a contract under ~~section 2301.357~~sections 3111.71 and3111.77 of	15617
the Revised Code do not constitute the practice of law. A	15618
hospital shall not be subject to criminal or civil liability for	15619
any damage or injury alleged to result from services provided	15620
pursuant to this section or ~~section 2301.357~~sections 3111.71 to	15621
3111.74 of the Revised Code unless the hospital acted with	15622
malicious purpose, in bad faith, or in a wanton or reckless	15623
manner.	15624

Sec. 3737.883. On receipt of a notice pursuant to section	15625
~~2301.373~~3123.43 of the Revised Code, the state fire marshal shall	15626
comply with ~~that section~~sections 3123.41 to 3123.50 of the	15627
Revised Code and any applicable rules adopted under section	15628
3123.63 of the Revised Code with respect to a certificate issued	15629
pursuant to section 3737.34, 3737.65, 3737.83, or 3737.881 of the	15630
Revised Code.	15631

Sec. 3742.20. On receipt of a notice pursuant to section	15632
~~2301.373~~3123.43 of the Revised Code, the director of health shall	15633
comply with ~~that section~~sections 3123.41 to 3123.50 of the	15634
Revised Code and any applicable rules adopted under section	15635
3123.63 of the Revised Code with respect to a license issued	15636
pursuant to this chapter.	15637

~~Sec. 3701.915.~~ Sec. 3748.121. On receipt of a notice pursuant to	15638
section ~~2301.373~~3123.43 of the Revised Code, the director of	15639
health shall comply with ~~that section~~sections 3123.41 to 3123.50	15640
of the Revised Code and any applicable rules adopted under section	15641
3123.63 of the Revised Code with respect to a certificate issued	15642
pursuant to section ~~3701.913~~3748.12 of the Revised Code.	15643

Sec. 3770.07. (A)(1) Lottery prize awards shall be claimed	15644
by the holder of the winning lottery ticket, or by the executor or	15645
administrator, or the trustee of a trust, of the estate of a	15646
deceased holder of a winning ticket, in a manner to be determined	15647
by the state lottery commission, within one hundred eighty days	15648
after the date on which such prize award was announced if the	15649
lottery game is an on-line game, and within one hundred eighty	15650
days after the close of the game if the lottery game is an instant	15651
game. Except as otherwise provided in division (B) of this	15652
section, if no valid claim to the prize award is made within the	15653
prescribed period, the prize money or the cost of goods and	15654
services awarded as prizes, or if such goods or services are	15655
resold by the commission, the proceeds from such sale, shall be	15656
returned to the state lottery fund and distributed in accordance	15657
with section 3770.06 of the Revised Code.	15658

(2) If a person entitled to a prize award is under eighteen	15659
years of age, or is under some other legal disability, and the	15660
prize money or the cost of goods or services awarded as a prize	15661
exceeds one thousand dollars, the director shall order that	15662
payment be made to the order of the legal guardian of such winning	15663
ticket holder. If the amount of the prize money or the cost of	15664
goods or services awarded as a prize is one thousand dollars or	15665
less, the director may order that payment be made to the order of	15666
the adult member, if any, of such winning ticket holder's family	15667
legally responsible for the care of such winning person.	15668

(3) No right of any person to a prize award shall be the	15669
subject of a security interest or used as collateral.	15670

(4) No right of any person to a prize award shall be	15671
assignable, or subject to garnishment, attachment, execution,	15672
withholding, or deduction, except as follows: as provided in	15673
sections ~~3111.23~~3119.80, 3119.81, 3121.02, 3121.03, and ~~3113.21~~	15674
3123.06 of the Revised Code; when the payment is to be made to the	15675
executor or administrator or the trustee of a trust of the estate	15676
of a winning ticket holder; when the award of a prize is disputed,	15677
any person may be awarded a prize award to which another has	15678
claimed title, pursuant to the order of a court of competent	15679
jurisdiction; or when the director is to make a payment pursuant	15680
to section 3770.071 of the Revised Code.	15681

The commission shall adopt rules pursuant to section 3770.03	15682
of the Revised Code concerning the payment of prize awards upon	15683
the death of a prize winner. Upon the death of a prize winner,	15684
the remainder of the prize winner's prize award may be paid to the	15685
executor, administrator, or trustee in the form of a discounted	15686
lump sum cash settlement.	15687

(5) No lottery prize award shall be awarded to or for any	15688
officer or employee of the state lottery commission, any officer	15689
or employee of the auditor of state actively coordinating and	15690
certifying commission drawings, or any blood relative or spouse of	15691
such officer or employee of the commission or auditor of state	15692
living as a member of such officer's or employee's household, nor	15693
shall any such employee, blood relative, or spouse attempt to	15694
claim a lottery prize award.	15695

(6) The director may prohibit vendors to the commission and	15696
their employees from being awarded a lottery prize award.	15697

(7) Upon the payment of prize awards pursuant to this	15698
section the director and the commission are discharged from all	15699
further liability therefor.	15700

(B) The commission may adopt rules governing the	15701
disbursement of unclaimed prize awards as all or part of the prize	15702
award in a lottery and may, pursuant to those rules, conduct the	15703
lottery and disburse any such unclaimed prize awards. Any lottery	15704
in which all or any part of the prize award is paid from unclaimed	15705
prize awards shall be conducted in accordance with all of the	15706
other requirements of this chapter, including, but not limited to,	15707
the time and proof requirements for claiming awards and the	15708
disposition of unclaimed prize awards when the prescribed period	15709
for claiming the award has passed. A prize award or any part of a	15710
prize award that is paid from an unclaimed prize award shall not	15711
be reapplied toward the satisfaction of the requirement of	15712
division (A) of section 3770.06 of the Revised Code that at least	15713
fifty per cent of the total revenues from ticket sales be	15714
disbursed for monetary prize awards, if such unclaimed prize award	15715
was previously applied toward the satisfaction of that	15716
requirement. On or before the last day of January and July each	15717
year, the commission shall report to the general assembly the	15718
gross sales and net profits the commission obtained from the	15719
unclaimed prize awards in lotteries conducted pursuant to this	15720
division during the preceding two calendar quarters, including the	15721
amount of money produced by the games funded by the unclaimed	15722
prize awards and the total revenue accruing to the state from the	15723
prize award lotteries conducted pursuant to this division.	15724

There is hereby established in the state treasury the	15725
unclaimed lottery prizes fund, to which all unclaimed prize awards	15726
shall be transferred. Any interest which accrues on the amounts	15727
in the fund shall become a part of the fund and shall be subject	15728
to any rules adopted by the commission governing the disbursement	15729
of unclaimed prize awards.	15730

Sec. 3770.071. (A) If the amount of the prize money or the	15731
cost of goods or services awarded as a lottery prize award is six	15732
hundred dollars or more, the director of the state lottery	15733
commission, or the director's designee, shall require the person	15734
entitled to the prize award to affirm in writing, under oath,	15735
whether or not the person is in default under a support order.	15736
The director or the director's designee also may take any	15737
additional appropriate steps to determine if the person entitled	15738
to the prize award is in default under a support order. If the	15739
person entitled to the prize award affirms that the person is in	15740
default under a support order, or if the director or the	15741
director's designee determines that the person is in default under	15742
a support order, the director or the director's designee shall	15743
temporarily withhold payment of the prize award and inform the	15744
court that issued the support order that the person is entitled to	15745
a prize award, of the amount of the prize award, and, if the prize	15746
award is to be paid in annual installments, of the number of	15747
installments.	15748

After receipt of the notice from the director or the	15749
director's designee, the court shall give the person notice of the	15750
director's notice, schedule a hearing to determine if the person	15751
is in default and the amount of the default, and give the person	15752
notice of the date, time, and location of the hearing. If the	15753
court at the hearing determines that the person is in default, it	15754
shall issue an order to the director at lottery commission	15755
headquarters requiring the director or the director's designee to	15756
deduct from any unpaid prize award or any annual installment	15757
payment of the prize award, a specified amount for child support	15758
or spousal support in satisfaction of the support order under	15759
which the person is in default. To the extent possible, the	15760
amount specified to be deducted under the order issued under this	15761
section shall satisfy the amount ordered for support or spousal	15762
support in the support order under which the person is in default.	15763
Within thirty days after the date on which the court issues the	15764
order under this section to the director, the director shall pay	15765
the amount specified in that order to the ~~division~~office of child	15766
support in the department of job and family services. If the	15767
prize award is to be paid in annual installments, the director or	15768
the director's designee, on the date the installment payment is	15769
due, shall pay the amount specified in the court order issued	15770
under this section from that installment and, if necessary, any	15771
subsequent annual installments, at the time such installments	15772
become due and owing to the prize winner, to the ~~division~~office	15773
of child support.	15774

(B) As used in this section~~, "support~~:

15775

(1) "Support order" ~~and "default" have~~has the same meaning	15776
as in section 3119.01 of the Revised Code.	15777

(2) "Default" has the same ~~meanings~~meaning as in section	15778
~~2301.34~~3121.01 of the Revised Code.	15779

(C) No person shall knowingly make a false affirmation or	15780
oath required by division (A) of this section.	15781

Sec. 3773.36. Upon the proper filing of an application to	15782
conduct public boxing or wrestling matches or exhibitions,	15783
accompanied by the cash bond, certified check, bank draft, or	15784
surety bond required by section 3773.35, and the application fee	15785
required by section 3773.43 of the Revised Code, the Ohio athletic	15786
commission shall issue a promoter's license to the applicant if it	15787
finds that the applicant is not in default on any payment,	15788
obligation, or debt payable to the state under sections 3773.31 to	15789
3773.57 of the Revised Code, is financially responsible, and is	15790
knowledgeable in the proper conduct of such matches or	15791
exhibitions.	15792

Each license issued pursuant to this section shall bear the	15793
name of the licensee, the post office address of the licensee, the	15794
date of issue, a serial number designated by the commission, the	15795
seal of the commission, and the signature of the commission	15796
chairperson.	15797

A promoter's license shall expire twelve months after its	15798
date of issuance and shall become invalid on that date unless	15799
renewed. A promoter's license may be renewed upon application to	15800
the commission and upon payment of the renewal fee prescribed in	15801
section 3773.43 of the Revised Code. The commission shall renew	15802
the license unless it denies the application for renewal for one	15803
or more reasons stated in section ~~2301.373~~3123.47 or 3773.53 of	15804
the Revised Code.	15805

Sec. 3773.42. Upon the proper filing of an application for a	15806
referee's, judge's, matchmaker's, timekeeper's, manager's,	15807
trainer's, contestant's, or second's license and payment of the	15808
applicable application fee, the Ohio athletic commission shall	15809
issue the license to the applicant if it determines that the	15810
applicant is of good moral character, is not likely to engage in	15811
acts detrimental to the fair and honest conduct of public boxing	15812
matches or exhibitions, and is qualified to hold such a license by	15813
reason of the applicant's knowledge and experience.	15814

A person shall not be determined to possess the knowledge and	15815
experience necessary to qualify that person to hold a referee's	15816
license unless all of the following conditions are met:	15817

(A) The person has completed such referee training	15818
requirements as the commission prescribes by rule;	15819

(B) The person possesses such experience requirements as the	15820
commission prescribes by rule;	15821

(C) The person has obtained a passing grade on an	15822
examination administered by the commission and designed to test	15823
the examinee's knowledge of the rules of the particular sport that	15824
the person seeks to referee, the commission's rules applicable to	15825
the conduct of matches and exhibitions in the particular sport	15826
that the person seeks to referee, and such other aspects of	15827
officiating as the commission determines appropriate to its	15828
determination as to whether the applicant possesses the	15829
qualifications and capabilities to act as a referee.	15830

The commission shall issue a referee's license to each person	15831
who meets the requirements of divisions (A) to (C) of this	15832
section.	15833

If upon the proper filing of an application for a	15834
contestant's license the commission determines that the applicant	15835
is of good moral character, is not likely to engage in acts	15836
detrimental to the conduct of public boxing matches or	15837
exhibitions, and possesses sufficient knowledge and experience	15838
and, in the opinion of the licensed physician who examined the	15839
applicant pursuant to section 3773.41 of the Revised Code, is	15840
physically fit to engage in public boxing matches or exhibitions,	15841
the commission shall issue the license to the applicant.	15842

Each license issued pursuant to this section shall bear the	15843
correct name and ring or assumed name, if any, of the licensee,	15844
the address of the licensee, the date of issue, a serial number	15845
designated by the commission, the seal of the commission, and the	15846
signature of the commission chairperson.	15847

A license issued pursuant to this section shall expire twelve	15848
months after its date of issue unless renewed. Upon application	15849
for renewal and payment of the renewal fee prescribed in section	15850
3773.43 of the Revised Code, the commission shall renew the	15851
license unless it denies the application for one or more reasons	15852
stated in section ~~2301.373~~3123.47 or 3773.53 of the Revised Code.	15853
If the application is for renewal of a contestant's license, the	15854
commission shall also require the applicant to submit the results	15855
of a physical examination that a licensed physician conducted not	15856
more than sixty days prior to the date of the application.	15857

Sec. 3773.59. On receipt of a notice pursuant to section	15858
~~2301.373~~3123.43 of the Revised Code, the Ohio athletic commission	15859
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	15860
Revised Code and any applicable rules adopted under section	15861
3123.63 of the Revised Code with respect to a license issued	15862
pursuant to this chapter.	15863

Sec. 3783.09. On receipt of a notice pursuant to section	15864
~~2301.373~~3123.43 of the Revised Code, the board of building	15865
standards shall comply with ~~that section~~sections 3123.41 to	15866
3123.50 of the Revised Code and any applicable rules adopted under	15867
section 3123.63 of the Revised Code with respect to a certificate	15868
issued pursuant to this chapter.	15869

Sec. 3905.53. On receipt of a notice pursuant to section	15870
~~2301.373~~3123.43 of the Revised Code, the superintendent of	15871
insurance shall comply with ~~that section~~sections 3123.41 to	15872
3123.50 of the Revised Code and any applicable rules adopted under	15873
section 3123.63 of the Revised Code with respect to a license	15874
issued pursuant to this chapter.	15875

~~Sec. 3921.281.~~ Sec. 3921.331. On receipt of a notice pursuant to	15876
section ~~2301.373~~3123.43 of the Revised Code, the superintendent	15877
of insurance shall comply with ~~that section~~sections 3123.41 to	15878
3123.50 of the Revised Code and any applicable rules adopted under	15879
section 3123.63 of the Revised Code with respect to a license	15880
issued pursuant to this chapter.	15881

Sec. 3924.48. (A) If a parent of a child is required by a	15882
court or administrative order to provide health care coverage for	15883
the child, and if the parent is eligible for family health care	15884
coverage provided by a health insurer, the health insurer shall do	15885
both of the following:	15886

(1) If the child is otherwise eligible for the coverage,	15887
permit the parent to enroll the child under the family coverage	15888
without regard to any enrollment period restrictions;	15889

(2) If the parent is enrolled under the coverage but fails	15890
to make application to obtain coverage for the child, enroll the	15891
child under the family coverage upon application of the child's	15892
other parent or pursuant to a child support order containing	15893
provisions in compliance with ~~section 3111.241 or 3113.217~~	15894
sections 3119.30 to3119.58 of the Revised Code.	15895

(B) The health insurer shall not terminate the child's	15896
coverage unless the health insurer is provided satisfactory	15897
written evidence of either of the following:	15898

(1) The court or administrative order is no longer in	15899
effect.	15900

(2) The child is or will be enrolled under comparable health	15901
care coverage provided by another health insurer, which coverage	15902
will take effect not later than the effective date of the	15903
termination of the current coverage.	15904

(C) As used in this section, "child support order" has the	15905
same meaning as in section ~~2301.373~~3119.01 of the Revised Code.	15906

Sec. 3924.49. (A) If a parent of a child is required by a	15907
court or administrative order to provide health care coverage for	15908
the child, which coverage is available through an employer doing	15909
business in this state, the employer shall do all of the	15910
following:	15911

(1) If the child is otherwise eligible for the family	15912
coverage, permit the parent to enroll the child under the coverage	15913
without regard to any enrollment period restrictions;	15914

(2) If the parent is enrolled under the coverage but fails	15915
to make application to obtain coverage for the child, enroll the	15916
child under the family coverage upon application of the child's	15917
other parent or pursuant to a child support order containing	15918
provisions in compliance with ~~section 3111.241 or 3113.217~~	15919
sections 3119.30 to3119.58 of the Revised Code;	15920

(3) Withhold from the employee's compensation the employee's	15921
share of premiums for the health care coverage, if any, and pay	15922
that amount to the health insurer providing the coverage.	15923

(B) The employer shall not terminate the child's coverage	15924
unless the employer has eliminated family coverage for all of its	15925
employees or unless the employer is provided satisfactory written	15926
evidence of either of the following:	15927

(1) The court or administrative order is no longer in	15928
effect.	15929

(2) The child is or will be enrolled under comparable health	15930
care coverage that will take effect not later than the effective	15931
date of the termination of the current coverage.	15932

(C) As used in this section, "child support order" has the	15933
same meaning as in section ~~2301.373~~3119.01 of the Revised Code.	15934

Sec. 3931.13. On receipt of a notice pursuant to section	15935
~~2301.373~~3123.43 of the Revised Code, the superintendent of	15936
insurance shall comply with ~~that section~~sections 3123.41 to	15937
3123.50 of the Revised Code and any applicable rules adopted under	15938
section 3123.63 of the Revised Code with respect to a license	15939
issued pursuant to this chapter.	15940

Sec. 3941.02. (A) A domestic mutual company may be	15941
organized by not less than twenty persons, to carry on the	15942
business of mutual insurance and to reinsure and to accept	15943
reinsurance as authorized by law and its articles of	15944
incorporation. Such persons shall execute articles of	15945
incorporation which, if not inconsistent with the constitution and	15946
laws of this state and of the United States, shall be approved by	15947
the attorney general and the secretary of state. The articles and	15948
the certificate of approval by the attorney general shall be	15949
recorded by the secretary of state who shall deposit a copy	15950
thereof with the superintendent of insurance.	15951

(B) If the articles of incorporation of a domestic, foreign,	15952
or alien, mutual or stock insurance company empower it, or if the	15953
power of attorney or subscribers' agreement empowers the attorney	15954
in fact of a reciprocal or interinsurance exchange, to transact	15955
any of the kinds of insurance described in division (A) of section	15956
3929.01 of the Revised Code, such company or attorney may apply to	15957
the superintendent for the appropriate license or certificate of	15958
authority, as provided in section 3925.11, 3927.01, 3931.10, or	15959
3941.06 of the Revised Code, which application shall state which	15960
of the kinds of insurance it proposes to transact, and the	15961
superintendent shall act thereon in the manner prescribed by that	15962
section.	15963

(C) An Ohio agent shall be licensed, upon written notice of	15964
appointment by a domestic, foreign, or alien, mutual or stock	15965
insurance company, to procure, receive, or forward application for	15966
the kinds of insurance the company is authorized to transact in	15967
this state if the agent is then licensed to write all of the kinds	15968
of insurance described in division (A) of section 3929.01 of the	15969
Revised Code, either for the company or for any other company or	15970
companies authorized to transact insurance business in this state.	15971
An Ohio agent not so licensed shall not procure, receive, or	15972
forward applications for any kind of insurance for the company	15973
until qualified and licensed to procure, receive, or forward	15974
applications for all of the kinds of insurance described in	15975
division (A) of section 3929.01 of the Revised Code, in accordance	15976
with the applicable provisions of Chapter 3905. of the Revised	15977
Code and in accordance with such rules as the superintendent may	15978
adopt in connection therewith; provided any company, irrespective	15979
of the kinds of insurance it is authorized to transact, may apply	15980
for and obtain the renewal of licenses of its agents who were	15981
licensed on or before July 1, 1945, to procure, receive, or	15982
forward applications for any of the kinds of insurance described	15983
in division (A) of section 3929.01 of the Revised Code, and such	15984
agents shall not be required to be licensed for all the kinds of	15985
insurance transacted by the company making the applications for	15986
such renewals. Nothing in this section shall be construed to	15987
authorize an agent whose license is renewed under these provisions	15988
to procure, receive, or forward applications for any kind or kinds	15989
of insurance other than the kind or kinds for which the agent was	15990
authorized to procure, receive, or forward applications on July 1,	15991
1945; provided, the procuring, receiving, or forwarding of	15992
applications by such an agent for any kind or kinds of insurance	15993
other than the kind or kinds the agent was authorized to procure,	15994
receive, or forward, as of July 1, 1945, is cause for revocation	15995
of the license of the agent by the superintendent and the	15996
acceptance by any insurance company licensed to do business in	15997
this state of an application for any kind of insurance other than	15998
the kind or kinds that the agent was authorized to procure,	15999
receive, or forward, as of July 1, 1945, is cause for revocation	16000
of the license of the company by the superintendent. Nothing in	16001
this section shall be construed to alter the provisions of	16002
sections ~~2301.373~~3123.41to3123.50, 3123.63, 3931.101, and	16003
3931.11 of the Revised Code.	16004

Sec. 3949.22. On receipt of a notice pursuant to section	16005
~~2301.373~~3123.43 of the Revised Code, the supervisor of bond	16006
investment companies shall comply with ~~that section~~sections	16007
3123.41 to 3123.50 of the Revised Code and any applicable rules	16008
adopted under section 3123.63 of the Revised Code with respect to	16009
a license issued pursuant to this chapter.	16010

Sec. 3951.10. On receipt of a notice pursuant to section	16011
~~2301.373~~3123.43 of the Revised Code, the superintendent of	16012
insurance shall comply with ~~that section~~sections 3123.41 to	16013
3123.50 of the Revised Code and any applicable rules adopted under	16014
section 3123.63 of the Revised Code with respect to a certificate	16015
issued issued pursuant to this chapter.	16016

Sec. 3959.17. On receipt of a notice pursuant to section	16017
~~2301.373~~3123.43 of the Revised Code, the superintendent of	16018
insurance shall comply with ~~that section~~sections 3123.41 to	16019
3123.50 of the Revised Code and any applicable rules adopted under	16020
section 3123.63 of the Revised Code with respect to a license	16021
issued pursuant to this chapter.	16022

Sec. 4104.21. On receipt of a notice pursuant to section	16023
~~2301.373~~3123.43 of the Revised Code, the chief of the division of	16024
boiler inspection shall comply with ~~that section~~sections 3123.41	16025
to 3123.50 of the Revised Code and any applicable rules adopted	16026
under section 3123.63 of the Revised Code with respect to a	16027
certificate issued pursuant to this chapter.	16028

Sec. 4123.67. Except as otherwise provided in sections	16029
~~3111.23~~3119.80, 3119.81, 3121.02, 3121.03, and ~~3113.21~~3123.06 of	16030
the Revised Code, compensation before payment shall be exempt from	16031
all claims of creditors and from any attachment or execution, and	16032
shall be paid only to the employees or their dependents. In all	16033
cases where property of an employer is placed in the hands of an	16034
assignee, receiver, or trustee, claims arising under any award or	16035
finding of the industrial commission or bureau of workers'	16036
compensation, pursuant to this chapter, including claims for	16037
premiums, and any judgment recovered thereon shall first be paid	16038
out of the trust fund in preference to all other claims, except	16039
claims for taxes and the cost of administration, and with the same	16040
preference given to claims for taxes.	16041

Sec. 4141.282. (A) When a claim for unemployment	16042
compensation is filed by an individual who owes child support	16043
obligations, the director of job and family services shall notify	16044
the state or local child support enforcement agency enforcing the	16045
obligation only if the claimant has been determined to be eligible	16046
for unemployment compensation.	16047

(B) The director shall deduct and withhold from unemployment	16048
compensation payable to an individual who owes child support	16049
obligations:	16050

(1) Any amount required to be deducted and withheld from the	16051
unemployment compensation pursuant to legal process, as that term	16052
is defined in section 459(i)(5) of the "Social Security Act," as	16053
amended by the "Personal Responsibility and Work Opportunity	16054
Reconciliation Act of 1996," 100 Stat. 2105, 42 U.S.C. 659, and	16055
properly served upon the director, as described in division (C) of	16056
this section; or	16057

(2) Where division (B)(1) of this section is inapplicable,	16058
in the amount determined pursuant to an agreement submitted to the	16059
director under section 454(19)(B)(i) of the "Social Security Act,"	16060
88 Stat. 2351, 42 U.S.C. 654, as amended, by the state or local	16061
child support enforcement agency; or	16062

(3) If neither division (B)(1) nor (2) of this section is	16063
applicable, then in the amount specified by the individual.	16064

(C) The director shall receive all legal process described	16065
in division (B)(1) of this section from each local child support	16066
enforcement agency, which legal process was issued by the agency	16067
under section ~~2301.371~~3121.07 of the Revised Code or otherwise	16068
was issued by the agency.	16069

(D) The amount of unemployment compensation subject to being	16070
withheld pursuant to division (B) of this section is that amount	16071
that remains payable to the individual after application of any	16072
recoupment provisions for recovery of overpayments and after	16073
deductions that have been made under this chapter for deductible	16074
income received by the individual.	16075

(E) Any amount deducted and withheld under division (B) of	16076
this section shall be paid to the appropriate state or local child	16077
support enforcement agency in the following manner:	16078

(1) The director shall determine the amounts that are to be	16079
deducted and withheld on a per county basis.	16080

(2) For each county, the director shall forward to the local	16081
child support enforcement agency of the county, the amount	16082
determined for that county under division (E)(1) of this section	16083
for disbursement to the obligees or assignees of such support	16084
obligations.	16085

(F) Any amount deducted and withheld under division (B) of	16086
this section shall for all purposes be treated as if it were paid	16087
to the individual as unemployment compensation and paid by the	16088
individual to the state or local child support agency in	16089
satisfaction of the individual's child support obligations.	16090

(G) This section applies only if appropriate arrangements	16091
have been made for reimbursement by the state or local child	16092
support enforcement agency for the administrative costs incurred	16093
by the director under this section which are associated with or	16094
attributable to child support obligations being enforced by the	16095
state or local child support enforcement agency.	16096

(H) As used in this section:

16097

(1) "Child support obligations" means only obligations that	16098
are being enforced pursuant to a plan described in section 454 of	16099
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as	16100
amended, which has been approved by the United States secretary of	16101
health and human services under part D of Title IV of the "Social	16102
Security Act," 88 Stat. 2351, 42 U.S.C. 651, as amended.	16103

(2) "State child support enforcement agency" means the work	16104
unit within the department of job and family services, or the	16105
state agency of another state, designated as the single state	16106
agency for the administration of the program of child support	16107
enforcement pursuant to part D of Title IV of the "Social Security	16108
Act," 88 Stat. 2351, 42 U.S.C. 651, as amended.	16109

(3) "Local child support enforcement agency" means a child	16110
support enforcement agency or any other agency of a political	16111
subdivision of the state operating pursuant to a plan mentioned in	16112
division (H)(1) of this section.	16113

(4) "Unemployment compensation" means any compensation	16114
payable under this chapter including amounts payable by the	16115
director pursuant to an agreement under any federal law providing	16116
for compensation, assistance, or allowances with respect to	16117
unemployment.	16118

Sec. 4501.25. There is hereby created in the state treasury	16119
the state bureau of motor vehicles fund. The fund shall consist	16120
of all money collected by the registrar of motor vehicles,	16121
including taxes, fees, and fines levied, charged, or referred to	16122
in Chapters 4501., 4503., 4505., 4506., 4507., 4509., 4511.,	16123
4517., 4519., 4521., and sections ~~2301.374~~3123.59, 2935.27,	16124
2937.221, ~~3407.168,~~ 4738.06, 4738.13, and 4738.18 of the Revised	16125
Code unless otherwise designated by law. The fund shall be used	16126
to pay the expenses of administering the law relative to the	16127
powers and duties of the registrar of motor vehicles. All	16128
investment earnings of the fund shall be retained by the fund.	16129

Sec. 4506.071. On receipt of a notice pursuant to section	16130
~~2301.374~~3123.54 of the Revised Code, the registrar of motor	16131
vehicles shall comply with ~~that section~~sections 3123.52 to	16132
3123.614 of the Revised Code and any applicable rules adopted	16133
under section 3123.63 of the Revised Code with respect to a	16134
commercial driver's license or commercial driver's temporary	16135
instruction permit issued pursuant to this chapter.	16136

Sec. 4507.08. (A) No probationary license shall be issued	16137
to any person under the age of eighteen who has been adjudicated	16138
an unruly or delinquent child or a juvenile traffic offender for	16139
having committed any act that if committed by an adult would be a	16140
drug abuse offense, as defined in section 2925.01 of the Revised	16141
Code, a violation of division (B) of section 2917.11, or a	16142
violation of division (A) of section 4511.19 of the Revised Code,	16143
unless the person has been required by the court to attend a drug	16144
abuse or alcohol abuse education, intervention, or treatment	16145
program specified by the court and has satisfactorily completed	16146
the program.	16147

(B) No temporary instruction permit or driver's license	16148
shall be issued to any person whose license has been suspended,	16149
during the period for which the license was suspended, nor to any	16150
person whose license has been revoked, under sections 4507.01 to	16151
4507.39 of the Revised Code, until the expiration of one year	16152
after the license was revoked.	16153

(C) No temporary instruction permit or driver's license	16154
shall be issued to any person whose commercial driver's license is	16155
suspended under section 1905.201, ~~2301.374~~3123.58, 4507.16,	16156
4507.34, 4507.99, 4511.191, or 4511.196 of the Revised Code or	16157
under any other provision of the Revised Code during the period of	16158
the suspension.	16159

No temporary instruction permit or driver's license shall be	16160
issued to any person when issuance is prohibited by division (A)	16161
of section 4507.091 of the Revised Code.	16162

(D) No temporary instruction permit or driver's license	16163
shall be issued to, or retained by, any of the following persons:	16164

(1) Any person who is an alcoholic, or is addicted to the	16165
use of controlled substances to the extent that the use	16166
constitutes an impairment to the person's ability to operate a	16167
motor vehicle with the required degree of safety;	16168

(2) Any person who is under the age of eighteen and has been	16169
adjudicated an unruly or delinquent child or a juvenile traffic	16170
offender for having committed any act that if committed by an	16171
adult would be a drug abuse offense, as defined in section 2925.01	16172
of the Revised Code, a violation of division (B) of section	16173
2917.11, or a violation of division (A) of section 4511.19 of the	16174
Revised Code, unless the person has been required by the court to	16175
attend a drug abuse or alcohol abuse education, intervention, or	16176
treatment program specified by the court and has satisfactorily	16177
completed the program;	16178

(3) Any person who, in the opinion of the registrar, is	16179
afflicted with or suffering from a physical or mental disability	16180
or disease that prevents the person from exercising reasonable and	16181
ordinary control over a motor vehicle while operating the vehicle	16182
upon the highways, except that a restricted license effective for	16183
six months may be issued to any person otherwise qualified who is	16184
or has been subject to any condition resulting in episodic	16185
impairment of consciousness or loss of muscular control and whose	16186
condition, in the opinion of the registrar, is dormant or is	16187
sufficiently under medical control that the person is capable of	16188
exercising reasonable and ordinary control over a motor vehicle.	16189
A restricted license effective for six months shall be issued to	16190
any person who is otherwise qualified who is subject to any	16191
condition that causes episodic impairment of consciousness or a	16192
loss of muscular control if the person presents a statement from a	16193
licensed physician that the person's condition is under effective	16194
medical control and the period of time for which the control has	16195
been continuously maintained, unless, thereafter, a medical	16196
examination is ordered and, pursuant thereto, cause for denial is	16197
found.	16198

A person to whom a six-month restricted license has been	16199
issued shall give notice of the person's medical condition to the	16200
registrar on forms provided by the registrar and signed by the	16201
licensee's physician. The notice shall be sent to the registrar	16202
six months after the issuance of the license. Subsequent	16203
restricted licenses issued to the same individual shall be	16204
effective for six months.	16205

(4) Any person who is unable to understand highway warnings	16206
or traffic signs or directions given in the English language;	16207

(5) Any person making an application whose driver's license	16208
or driving privileges are under revocation or suspension in the	16209
jurisdiction where issued or any other jurisdiction, until the	16210
expiration of one year after the license was revoked or until the	16211
period of suspension ends. Any person whose application is denied	16212
under this division may file a petition in the municipal court or	16213
county court in whose jurisdiction the person resides agreeing to	16214
pay the cost of the proceedings and alleging that the conduct	16215
involved in the offense that resulted in suspension or revocation	16216
in the foreign jurisdiction would not have resulted in a	16217
suspension or revocation had the offense occurred in this state.	16218
If the petition is granted, the petitioner shall notify the	16219
registrar by a certified copy of the court's findings and a	16220
license shall not be denied under this division.	16221

(6) Any person whose driver's or commercial driver's license	16222
or permit has been permanently revoked pursuant to division (C) of	16223
section 4507.16 of the Revised Code;	16224

(7) Any person who is not a resident or temporary resident	16225
of this state.	16226

Sec. 4507.111. On receipt of a notice pursuant to section	16227
~~2301.374~~3123.54 of the Revised Code, the registrar of motor	16228
vehicles shall comply with ~~that section~~sections 3123.52 to	16229
3123.614 of the Revised Code and any applicable rules adopted	16230
under section 3123.63 of the Revised Code with respect to a	16231
driver's license, motorcycle operator's license or endorsement, or	16232
temporary instruction permit issued pursuant to this chapter.	16233

Sec. 4507.16. (A)(1) The trial judge of any court of	16234
record, in addition to or independent of all other penalties	16235
provided by law or by ordinance, shall suspend for not less than	16236
thirty days or more than three years or shall revoke the driver's	16237
or commercial driver's license or permit or nonresident operating	16238
privilege of any person who is convicted of or pleads guilty to	16239
any of the following:	16240

(a) Perjury or the making of a false affidavit under this	16241
chapter, or any other law of this state requiring the registration	16242
of motor vehicles or regulating their operation on the highway;	16243

(b) Any crime punishable as a felony under the motor vehicle	16244
laws of this state or any other felony in the commission of which	16245
a motor vehicle is used;	16246

(c) Failing to stop and disclose identity at the scene of	16247
the accident when required by law or ordinance to do so;	16248

(d) Street racing as defined in section 4511.251 of the	16249
Revised Code or any substantially similar municipal ordinance;	16250

(e) Willfully eluding or fleeing a police officer;

16251

(f) Trafficking in cigarettes with the intent to avoid	16252
payment of the cigarette tax under division (A) of section	16253
5743.112 of the Revised Code;	16254

(2) Subject to division (D)(1) of this section, the trial	16255
judge of any court of record, in addition to or independent of all	16256
other penalties provided by law or by ordinance, shall suspend the	16257
driver's or commercial driver's license or permit or nonresident	16258
operating privilege of any person who is convicted of or pleads	16259
guilty to a violation of section 2903.06 or 2903.08 of the Revised	16260
Code. The suspension shall be for the period of time specified in	16261
section 2903.06 or 2903.08 of the Revised Code, whichever is	16262
applicable.	16263

(3) If a person is convicted of or pleads guilty to a	16264
violation of section 2907.24 of the Revised Code, an attempt to	16265
commit a violation of that section, or a violation of or an	16266
attempt to commit a violation of a municipal ordinance that is	16267
substantially equivalent to that section and if the person, in	16268
committing or attempting to commit the violation, was in, was on,	16269
or used a motor vehicle, the trial judge of a court of record, in	16270
addition to or independent of all other penalties provided by law	16271
or ordinance, shall suspend for thirty days the person's driver's	16272
or commercial driver's license or permit.	16273

The trial judge of any court of record, in addition to	16274
suspensions or revocations of licenses, permits, or privileges	16275
pursuant to this division and in addition to or independent of all	16276
other penalties provided by law or by ordinance, shall impose a	16277
suspended jail sentence not to exceed six months, if imprisonment	16278
was not imposed for the offense for which the person was	16279
convicted.	16280

(4) If the trial judge of any court of record suspends or	16281
revokes the driver's or commercial driver's license or permit or	16282
nonresident operating privilege of a person who is convicted of or	16283
pleads guilty to any offense for which such suspension or	16284
revocation is provided by law or ordinance, in addition to all	16285
other penalties provided by law or ordinance, the judge may issue	16286
an order prohibiting the offender from registering, renewing, or	16287
transferring the registration of any vehicle during the period	16288
that the offender's license, permit, or privilege is suspended or	16289
revoked. The court promptly shall send a copy of the order to the	16290
registrar of motor vehicles.	16291

Upon receipt of such an order, neither the registrar nor any	16292
deputy registrar shall accept any application for the	16293
registration, registration renewal, or transfer of registration of	16294
any motor vehicle owned or leased by the person named in the order	16295
during the period that the person's license, permit, or privilege	16296
is suspended or revoked, unless the registrar is properly notified	16297
by the court that the order of suspension or revocation has been	16298
canceled. When the period of suspension or revocation expires or	16299
the order is canceled, the registrar or deputy registrar shall	16300
accept the application for registration, registration renewal, or	16301
transfer of registration of the person named in the order.	16302

(B) Except as otherwise provided in this section, the trial	16303
judge of any court of record and the mayor of a mayor's court, in	16304
addition to or independent of all other penalties provided by law	16305
or by ordinance, shall revoke the driver's or commercial driver's	16306
license or permit or nonresident operating privilege of any person	16307
who is convicted of or pleads guilty to a violation of division	16308
(A) of section 4511.19 of the Revised Code, of a municipal	16309
ordinance relating to operating a vehicle while under the	16310
influence of alcohol, a drug of abuse, or alcohol and a drug of	16311
abuse, or of a municipal ordinance that is substantially	16312
equivalent to division (A) of section 4511.19 of the Revised Code	16313
relating to operating a vehicle with a prohibited concentration of	16314
alcohol in the blood, breath, or urine or suspend the license,	16315
permit, or privilege as follows:	16316

(1) Except when division (B)(2), (3), or (4) of this section	16317
applies and the judge or mayor is required to suspend or revoke	16318
the offender's license or permit pursuant to that division, the	16319
judge or mayor shall suspend the offender's driver's or commercial	16320
driver's license or permit or nonresident operating privilege for	16321
not less than six months nor more than three years.	16322

(2) Subject to division (B)(4) of this section, if, within	16323
six years of the offense, the offender has been convicted of or	16324
pleaded guilty to one violation of division (A) or (B) of section	16325
4511.19 of the Revised Code, a municipal ordinance relating to	16326
operating a vehicle while under the influence of alcohol, a drug	16327
of abuse, or alcohol and a drug of abuse, a municipal ordinance	16328
relating to operating a motor vehicle with a prohibited	16329
concentration of alcohol in the blood, breath, or urine, section	16330
2903.04 of the Revised Code in a case in which the offender was	16331
subject to the sanctions described in division (D) of that	16332
section, section 2903.06 or 2903.08 of the Revised Code, former	16333
section 2903.07 of the Revised Code, or a municipal ordinance that	16334
is substantially similar to former section 2903.07 of the Revised	16335
Code in a case in which the jury or judge found that the offender	16336
was under the influence of alcohol, a drug of abuse, or alcohol	16337
and a drug of abuse, or a statute of the United States or of any	16338
other state or a municipal ordinance of a municipal corporation	16339
located in any other state that is substantially similar to	16340
division (A) or (B) of section 4511.19 of the Revised Code, the	16341
judge shall suspend the offender's driver's or commercial driver's	16342
license or permit or nonresident operating privilege for not less	16343
than one year nor more than five years.	16344

(3) Subject to division (B)(4) of this section, if, within	16345
six years of the offense, the offender has been convicted of or	16346
pleaded guilty to two violations described in division (B)(2) of	16347
this section, or a statute of the United States or of any other	16348
state or a municipal ordinance of a municipal corporation located	16349
in any other state that is substantially similar to division (A)	16350
or (B) of section 4511.19 of the Revised Code, the judge shall	16351
suspend the offender's driver's or commercial driver's license or	16352
permit or nonresident operating privilege for not less than one	16353
year nor more than ten years.	16354

(4) If, within six years of the offense, the offender has	16355
been convicted of or pleaded guilty to three or more violations	16356
described in division (B)(2) of this section, a statute of the	16357
United States or of any other state or a municipal ordinance of a	16358
municipal corporation located in any other state that is	16359
substantially similar to division (A) or (B) of section 4511.19 of	16360
the Revised Code, or if the offender previously has been convicted	16361
of or pleaded guilty to a violation of division (A) of section	16362
4511.19 of the Revised Code under circumstances in which the	16363
violation was a felony and regardless of when the violation and	16364
the conviction or guilty plea occurred, the judge shall suspend	16365
the offender's driver's or commercial driver's license or permit	16366
or nonresident operating privilege for a period of time set by the	16367
court but not less than three years, and the judge may permanently	16368
revoke the offender's driver's or commercial driver's license or	16369
permit or nonresident operating privilege.	16370

(5) The filing of an appeal by a person whose driver's or	16371
commercial driver's license is suspended or revoked under division	16372
(B)(1), (2), (3), or (4) of this section regarding any aspect of	16373
the person's trial or sentence does not stay the operation of the	16374
suspension or revocation.	16375

(C) The trial judge of any court of record or the mayor of a	16376
mayor's court, in addition to or independent of all other	16377
penalties provided by law or by ordinance, may suspend the	16378
driver's or commercial driver's license or permit or nonresident	16379
operating privilege of any person who violates a requirement or	16380
prohibition of the court imposed under division (F) of this	16381
section or division (G)(1) of section 2951.02 of the Revised Code	16382
as follows:	16383

(1) For not more than one year, upon conviction for a first	16384
violation of the requirement or prohibition;	16385

(2) For not more than five years, upon conviction for a	16386
second or subsequent violation of the requirement or prohibition	16387
during the same period of required use of an ignition interlock	16388
device that is certified pursuant to section 4511.83 of the	16389
Revised Code.	16390

(D)(1) The trial judge of any court of record, in addition	16391
to or independent of all other penalties provided by law or by	16392
ordinance, shall permanently revoke the driver's or commercial	16393
driver's license or permit or nonresident operating privilege of	16394
any person who is convicted of or pleads guilty to a violation of	16395
section 2903.04 or 2903.06 of the Revised Code in a case in which	16396
division (D) of section 2903.04 or division (B) of section 2903.06	16397
of the Revised Code requires the judge to permanently revoke the	16398
license, permit, or privilege.	16399

(2) In addition to any prison term authorized or required by	16400
the section that establishes the offense and sections 2929.13 and	16401
2929.14 of the Revised Code, and in addition to any other sanction	16402
imposed for the offense under the section that establishes the	16403
offense or sections 2929.11 to 2929.182 of the Revised Code, the	16404
court that sentences an offender who is convicted of or pleads	16405
guilty to a violation of section 2925.02, 2925.03, 2925.04,	16406
2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22,	16407
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code	16408
either shall revoke or, if it does not revoke, shall suspend for	16409
not less than six months or more than five years, as specified in	16410
the section that establishes the offense, the person's driver's or	16411
commercial driver's license or permit. If the person's driver's	16412
or commercial driver's license or permit is under suspension on	16413
the date the court imposes sentence upon the person, any	16414
revocation imposed upon the person that is referred to in division	16415
(D)(2) of this section shall take effect immediately. If the	16416
person's driver's or commercial driver's license or permit is	16417
under suspension on the date the court imposes sentence upon the	16418
person, any period of suspension imposed upon the person that is	16419
referred to in division (D)(2) of this section shall take effect	16420
on the next day immediately following the end of that period of	16421
suspension. If the person is sixteen years of age or older and is	16422
a resident of this state but does not have a current, valid Ohio	16423
driver's or commercial driver's license or permit, the court shall	16424
order the registrar to deny to the person the issuance of a	16425
driver's or commercial driver's license or permit for six months	16426
beginning on the date the court imposes a sentence upon the	16427
person. If the person has not attained the age of sixteen years	16428
on the date the court sentences the person for the violation, the	16429
period of denial shall commence on the date the person attains the	16430
age of sixteen years.	16431

(E) Except as otherwise provided in this section, the trial	16432
judge of any court of record and the mayor of a mayor's court, in	16433
addition to or independent of all other penalties provided by law	16434
or ordinance, shall suspend for not less than sixty days nor more	16435
than two years the driver's or commercial driver's license or	16436
permit or nonresident operating privilege of any person who is	16437
convicted of or pleads guilty to a violation of division (B) of	16438
section 4511.19 of the Revised Code or of a municipal ordinance	16439
substantially equivalent to that division relating to operating a	16440
vehicle with a prohibited concentration of alcohol in the blood,	16441
breath, or urine.	16442

(F)(1) A person is not entitled to request, and a judge or	16443
mayor shall not grant to the person, occupational driving	16444
privileges under division (F) of this section if a person's	16445
driver's or commercial driver's license or permit or nonresident	16446
operating privilege has been suspended pursuant to division (B) or	16447
(C) of this section or pursuant to division (F) of section	16448
4511.191 of the Revised Code, and the person, within the preceding	16449
seven years, has been convicted of or pleaded guilty to three or	16450
more violations of one or more of the following:	16451

(a) Division (A) or (B) of section 4511.19 of the Revised	16452
Code;	16453

(b) A municipal ordinance relating to operating a vehicle	16454
while under the influence of alcohol, a drug of abuse, or alcohol	16455
and a drug of abuse;	16456

(c) A municipal ordinance relating to operating a vehicle	16457
with a prohibited concentration of alcohol in the blood, breath,	16458
or urine;	16459

(d) Section 2903.04 of the Revised Code in a case in which	16460
the person was subject to the sanctions described in division (D)	16461
of that section;	16462

(e) Division (A)(1) of section 2903.06 or division (A)(1) of	16463
section 2903.08 of the Revised Code or a municipal ordinance that	16464
is substantially similar to either of those divisions;	16465

(f) Division (A)(2), (3), or (4) of section 2903.06,	16466
division (A)(2) of section 2903.08, or former section 2903.07 of	16467
the Revised Code, or a municipal ordinance that is substantially	16468
similar to any of those divisions or that former section, in a	16469
case in which the jury or judge found that the person was under	16470
the influence of alcohol, a drug of abuse, or alcohol and a drug	16471
of abuse;	16472

(g) A statute of the United States or of any other state or	16473
a municipal ordinance of a municipal corporation located in any	16474
other state that is substantially similar to division (A) or (B)	16475
of section 4511.19 of the Revised Code.	16476

(2) Any other person who is not described in division (F)(1)	16477
of this section and whose driver's or commercial driver's license	16478
or nonresident operating privilege has been suspended under any of	16479
those divisions may file a petition that alleges that the	16480
suspension would seriously affect the person's ability to continue	16481
the person's employment. The petition of a person whose license,	16482
permit, or privilege was suspended pursuant to division (F) of	16483
section 4511.191 of the Revised Code shall be filed in the court	16484
specified in division (I)(4) of that section, and the petition of	16485
a person whose license, permit, or privilege was suspended under	16486
division (B) or (C) of this section shall be filed in the	16487
municipal, county, mayor's, or in the case of a minor, juvenile	16488
court that has jurisdiction over the place of arrest. Upon	16489
satisfactory proof that there is reasonable cause to believe that	16490
the suspension would seriously affect the person's ability to	16491
continue the person's employment, the judge of the court or mayor	16492
of the mayor's court may grant the person occupational driving	16493
privileges during the period during which the suspension otherwise	16494
would be imposed, except that the judge or mayor shall not grant	16495
occupational driving privileges for employment as a driver of	16496
commercial motor vehicles to any person who is disqualified from	16497
operating a commercial motor vehicle under section ~~2301.374~~	16498
3123.611 or 4506.16 of the Revised Code or whose commercial	16499
driver's license or commercial driver's temporary intruction	16500
permit has been suspended under section 3123.58 of the Revised	16501
Code, and shall not grant occupational driving privileges during	16502
any of the following periods of time:	16503

(a) The first fifteen days of suspension imposed upon an	16504
offender whose license, permit, or privilege is suspended pursuant	16505
to division (B)(1) of this section or division (F)(1) of section	16506
4511.191 of the Revised Code. On or after the sixteenth day of	16507
suspension, the court may grant the offender occupational driving	16508
privileges, but the court may provide that the offender shall not	16509
exercise the occupational driving privileges unless the vehicles	16510
the offender operates are equipped with ignition interlock	16511
devices.	16512

(b) The first thirty days of suspension imposed upon an	16513
offender whose license, permit, or privilege is suspended pursuant	16514
to division (B)(2) of this section or division (F)(2) of section	16515
4511.191 of the Revised Code. On or after the thirty-first day of	16516
suspension, the court may grant the offender occupational driving	16517
privileges, but the court may provide that the offender shall not	16518
exercise the occupational driving privileges unless the vehicles	16519
the offender operates are equipped with ignition interlock	16520
devices.	16521

(c) The first one hundred eighty days of suspension imposed	16522
upon an offender whose license, permit, or privilege is suspended	16523
pursuant to division (B)(3) of this section or division (F)(3) of	16524
section 4511.191 of the Revised Code. The judge may grant	16525
occupational driving privileges to an offender who receives a	16526
suspension under either of those divisions on or after the one	16527
hundred eighty-first day of the suspension only if division (F) of	16528
this section does not prohibit the judge from granting the	16529
privileges and only if the judge, at the time of granting the	16530
privileges, also issues an order prohibiting the offender, while	16531
exercising the occupational driving privileges during the period	16532
commencing with the one hundred eighty-first day of suspension and	16533
ending with the first year of suspension, from operating any motor	16534
vehicle unless it is equipped with a certified ignition interlock	16535
device. After the first year of the suspension, the court may	16536
authorize the offender to continue exercising the occupational	16537
driving privileges in vehicles that are not equipped with ignition	16538
interlock devices. If the offender does not petition for	16539
occupational driving privileges until after the first year of	16540
suspension and if division (F) of this section does not prohibit	16541
the judge from granting the privileges, the judge may grant the	16542
offender occupational driving privileges without requiring the use	16543
of a certified ignition interlock device.	16544

(d) The first three years of suspension imposed upon an	16545
offender whose license, permit, or privilege is suspended pursuant	16546
to division (B)(4) of this section or division (F)(4) of section	16547
4511.191 of the Revised Code. The judge may grant occupational	16548
driving privileges to an offender who receives a suspension under	16549
either of those divisions after the first three years of	16550
suspension only if division (F) of this section does not prohibit	16551
the judge from granting the privileges and only if the judge, at	16552
the time of granting the privileges, also issues an order	16553
prohibiting the offender from operating any motor vehicle, for the	16554
period of suspension following the first three years of	16555
suspension, unless the motor vehicle is equipped with a certified	16556
ignition interlock device.	16557

(G) If a person's driver's or commercial driver's license or	16558
permit or nonresident operating privilege has been suspended under	16559
division (E) of this section, and the person, within the preceding	16560
seven years, has been convicted of or pleaded guilty to three or	16561
more violations identified in division (F)(1) of this section, the	16562
person is not entitled to request, and the judge or mayor shall	16563
not grant to the person, occupational driving privileges under	16564
this division. Any other person whose driver's or commercial	16565
driver's license or nonresident operating privilege has been	16566
suspended under division (E) of this section may file a petition	16567
that alleges that the suspension would seriously affect the	16568
person's ability to continue the person's employment. The	16569
petition shall be filed in the municipal, county, or mayor's court	16570
that has jurisdiction over the place of arrest. Upon satisfactory	16571
proof that there is reasonable cause to believe that the	16572
suspension would seriously affect the person's ability to continue	16573
the person's employment, the judge of the court or mayor of the	16574
mayor's court may grant the person occupational driving privileges	16575
during the period during which the suspension otherwise would be	16576
imposed, except that the judge or mayor shall not grant	16577
occupational driving privileges for employment as a driver of	16578
commercial motor vehicles to any person who is disqualified from	16579
operating a commercial motor vehicle under section 4506.16 of the	16580
Revised Code, and shall not grant occupational driving privileges	16581
during the first sixty days of suspension imposed upon an offender	16582
whose driver's or commercial driver's license or permit or	16583
nonresident operating privilege is suspended pursuant to division	16584
(E) of this section.	16585

(H)(1) After a driver's or commercial driver's license or	16586
permit has been suspended or revoked pursuant to this section, the	16587
judge of the court or mayor of the mayor's court that suspended or	16588
revoked the license or permit shall cause the offender to deliver	16589
the license or permit to the court. The judge, mayor, or clerk of	16590
the court or mayor's court, if the license or permit has been	16591
suspended or revoked in connection with any of the offenses listed	16592
in this section, forthwith shall forward it to the registrar with	16593
notice of the action of the court.	16594

(2) Suspension of a commercial driver's license under this	16595
section shall be concurrent with any period of disqualification	16596
under section ~~2301.374~~3123.611 or 4506.16 of the Revised Code or	16597
any period of suspension under section 3123.58 of the Revised	16598
Code. No person who is disqualified for life from holding a	16599
commercial driver's license under section 4506.16 of the Revised	16600
Code shall be issued a driver's license under this chapter during	16601
the period for which the commercial driver's license was suspended	16602
under this section, and no person whose commercial driver's	16603
license is suspended under this section shall be issued a driver's	16604
license under this chapter during the period of the suspension.	16605

(I) No judge shall suspend the first thirty days of	16606
suspension of a driver's or commercial driver's license or permit	16607
or a nonresident operating privilege required under division (A)	16608
of this section, no judge or mayor shall suspend the first six	16609
months of suspension required under division (B)(1) of this	16610
section, no judge shall suspend the first year of suspension	16611
required under division (B)(2) of this section, no judge shall	16612
suspend the first year of suspension required under division	16613
(B)(3) of this section, no judge shall suspend the first three	16614
years of suspension required under division (B)(4) of this	16615
section, no judge or mayor shall suspend the revocation required	16616
by division (D) of this section, and no judge or mayor shall	16617
suspend the first sixty days of suspension required under division	16618
(E) of this section, except that the court shall credit any period	16619
of suspension imposed pursuant to section 4511.191 or 4511.196 of	16620
the Revised Code against any time of suspension imposed pursuant	16621
to division (B) or (E) of this section as described in division	16622
(J) of this section.	16623

(J) The judge of the court or mayor of the mayor's court	16624
shall credit any time during which an offender was subject to an	16625
administrative suspension of the offender's driver's or commercial	16626
driver's license or permit or nonresident operating privilege	16627
imposed pursuant to division (E) or (F) of section 4511.191 or a	16628
suspension imposed by a judge, referee, or mayor pursuant to	16629
division (B)(1) or (2) of section 4511.196 of the Revised Code	16630
against the time to be served under a related suspension imposed	16631
pursuant to this section.	16632

(K) The judge or mayor shall notify the bureau of any	16633
determinations made, and of any suspensions or revocations	16634
imposed, pursuant to division (B) of this section.	16635

(L)(1) If a court issues an ignition interlock order under	16636
division (F) of this section, the order shall authorize the	16637
offender during the specified period to operate a motor vehicle	16638
only if it is equipped with a certified ignition interlock device.	16639
The court shall provide the offender with a copy of an ignition	16640
interlock order issued under division (F) of this section, and the	16641
copy of the order shall be used by the offender in lieu of an Ohio	16642
driver's or commercial driver's license or permit until the	16643
registrar or a deputy registrar issues the offender a restricted	16644
license.	16645

An order issued under division (F) of this section does not	16646
authorize or permit the offender to whom it has been issued to	16647
operate a vehicle during any time that the offender's driver's or	16648
commercial driver's license or permit is suspended or revoked	16649
under any other provision of law.	16650

(2) The offender may present the ignition interlock order to	16651
the registrar or to a deputy registrar. Upon presentation of the	16652
order to the registrar or a deputy registrar, the registrar or	16653
deputy registrar shall issue the offender a restricted license. A	16654
restricted license issued under this division shall be identical	16655
to an Ohio driver's license, except that it shall have printed on	16656
its face a statement that the offender is prohibited during the	16657
period specified in the court order from operating any motor	16658
vehicle that is not equipped with a certified ignition interlock	16659
device, and except that the date of commencement and the date of	16660
termination of the period shall be indicated conspicuously upon	16661
the face of the license.	16662

(3) As used in this section:

16663

(a) "Ignition interlock device" has the same meaning as in	16664
section 4511.83 of the Revised Code.	16665

(b) "Certified ignition interlock device" means an ignition	16666
interlock device that is certified pursuant to section 4511.83 of	16667
the Revised Code.	16668

Sec. 4507.34. Whenever a person is found guilty under the	16669
laws of this state or under any ordinance of any political	16670
subdivision of this state, of operating a motor vehicle in	16671
violation of such laws or ordinances, relating to reckless	16672
operation, the trial court of any court of record may, in addition	16673
to or independent of all other penalties provided by law, suspend	16674
for any period of time or revoke the driver's license or	16675
commercial driver's license of any person so convicted or pleading	16676
guilty to such offenses for any period that it determines, not to	16677
exceed one year.	16678

Suspension of a commercial driver's license under this	16679
section shall be concurrent with any period of disqualification	16680
under section ~~2301.374~~3123.611 or 4506.16 of the Revised Code or	16681
period of suspension under section 3123.58 of the Revised Code.	16682
No person who is disqualified for life from holding a commercial	16683
driver's license under section 4506.16 of the Revised Code shall	16684
be issued a driver's license under this chapter during the period	16685
for which the commercial driver's license was suspended under this	16686
section, and no person whose commercial driver's license is	16687
suspended under this section shall be issued a driver's license	16688
under this chapter during the period of the suspension.	16689

Sec. 4507.99. (A) Whoever violates division (B)(2) or	16690
(D)(1) of section 4507.02 of the Revised Code is guilty of driving	16691
under suspension or revocation or in violation of license	16692
restrictions, a misdemeanor of the first degree. Whoever violates	16693
division (C) of section 4507.02 of the Revised Code is guilty of	16694
driving without paying a license reinstatement fee, a misdemeanor	16695
of the first degree. Except as otherwise provided in division (D)	16696
of section 4507.162 of the Revised Code, the court, in addition to	16697
or independent of all other penalties provided by law, may suspend	16698
for a period not to exceed one year the driver's or commercial	16699
driver's license or permit or nonresident operating privilege of	16700
any person who pleads guilty to or is convicted of a violation of	16701
division (B)(2), (C), or (D)(1) of section 4507.02 of the Revised	16702
Code.	16703

(B) Whoever violates division (D)(2) of section 4507.02 of	16704
the Revised Code is guilty of driving under OMVI suspension or	16705
revocation and shall be punished as provided in division (B)(1),	16706
(2), or (3) and divisions (B)(4) to (8) of this section.	16707

(1) Except as otherwise provided in division (B)(2) or (3)	16708
of this section, driving under OMVI suspension or revocation is a	16709
misdemeanor of the first degree, and the court shall sentence the	16710
offender to a term of imprisonment of not less than three	16711
consecutive days and may sentence the offender pursuant to section	16712
2929.21 of the Revised Code to a longer term of imprisonment. As	16713
an alternative to the term of imprisonment required to be imposed	16714
by this division, but subject to division (B)(6) of this section,	16715
the court may sentence the offender to a term of not less than	16716
thirty consecutive days of electronically monitored house arrest	16717
as defined in division (A)(4) of section 2929.23 of the Revised	16718
Code. The period of electronically monitored house arrest shall	16719
not exceed six months. In addition, the court shall impose upon	16720
the offender a fine of not less than two hundred fifty and not	16721
more than one thousand dollars.	16722

Regardless of whether the vehicle the offender was operating	16723
at the time of the offense is registered in the offender's name or	16724
in the name of another person, the court, in addition to or	16725
independent of any other sentence that it imposes upon the	16726
offender and subject to section 4503.235 of the Revised Code,	16727
shall order the immobilization for thirty days of the vehicle the	16728
offender was operating at the time of the offense and the	16729
impoundment for thirty days of the identification license plates	16730
of that vehicle. The order for immobilization and impoundment	16731
shall be issued and enforced in accordance with section 4503.233	16732
of the Revised Code.	16733

(2) If, within five years of the offense, the offender has	16734
been convicted of or pleaded guilty to one violation of division	16735
(D)(2) of section 4507.02 of the Revised Code or a municipal	16736
ordinance that is substantially equivalent to that division,	16737
driving under OMVI suspension or revocation is a misdemeanor, and	16738
the court shall sentence the offender to a term of imprisonment of	16739
not less than ten consecutive days and may sentence the offender	16740
to a longer definite term of imprisonment of not more than one	16741
year. As an alternative to the term of imprisonment required to	16742
be imposed by this division, but subject to division (B)(6) of	16743
this section, the court may sentence the offender to a term of not	16744
less than ninety consecutive days of electronically monitored	16745
house arrest as defined in division (A)(4) of section 2929.23 of	16746
the Revised Code. The period of electronically monitored house	16747
arrest shall not exceed one year. In addition, the court shall	16748
impose upon the offender a fine of not less than five hundred and	16749
not more than two thousand five hundred dollars.	16750

Regardless of whether the vehicle the offender was operating	16751
at the time of the offense is registered in the offender's name or	16752
in the name of another person, the court, in addition to or	16753
independent of any other sentence that it imposes upon the	16754
offender and subject to section 4503.235 of the Revised Code,	16755
shall order the immobilization for sixty days of the vehicle the	16756
offender was operating at the time of the offense and the	16757
impoundment for sixty days of the identification license plates of	16758
that vehicle. The order for immobilization and impoundment shall	16759
be issued and enforced in accordance with section 4503.233 of the	16760
Revised Code.	16761

(3) If, within five years of the offense, the offender has	16762
been convicted of or pleaded guilty to two or more violations of	16763
division (D)(2) of section 4507.02 of the Revised Code or a	16764
municipal ordinance that is substantially equivalent to that	16765
division, driving under OMVI suspension or revocation is guilty of	16766
a misdemeanor. The court shall sentence the offender to a term of	16767
imprisonment of not less than thirty consecutive days and may	16768
sentence the offender to a longer definite term of imprisonment of	16769
not more than one year. The court shall not sentence the offender	16770
to a term of electronically monitored house arrest as defined in	16771
division (A)(4) of section 2929.23 of the Revised Code. In	16772
addition, the court shall impose upon the offender a fine of not	16773
less than five hundred and not more than two thousand five hundred	16774
dollars.	16775

Regardless of whether the vehicle the offender was operating	16776
at the time of the offense is registered in the offender's name or	16777
in the name of another person, the court, in addition to or	16778
independent of any other sentence that it imposes upon the	16779
offender and subject to section 4503.235 of the Revised Code,	16780
shall order the criminal forfeiture to the state of the vehicle	16781
the offender was operating at the time of the offense. The order	16782
of criminal forfeiture shall be issued and enforced in accordance	16783
with section 4503.234 of the Revised Code.	16784

If title to a motor vehicle that is subject to an order for	16785
criminal forfeiture under this section is assigned or transferred	16786
and division (C)(2) or (3) of section 4503.234 of the Revised Code	16787
applies, in addition to or independent of any other penalty	16788
established by law, the court may fine the offender the value of	16789
the vehicle as determined by publications of the national auto	16790
dealer's association. The proceeds from any fine imposed under	16791
this division shall be distributed in accordance with division	16792
(D)(4) of section 4503.234 of the Revised Code.	16793

(4) In addition to or independent of all other penalties	16794
provided by law or ordinance, the trial judge of any court of	16795
record or the mayor of a mayor's court shall suspend for a period	16796
not to exceed one year the driver's or commercial driver's license	16797
or permit or nonresident operating privilege of an offender who is	16798
sentenced under division (B)(1), (2), or (3) of this section.	16799

(5) Fifty per cent of any fine imposed by a court under	16800
division (B)(1), (2), or (3) of this section shall be deposited	16801
into the county indigent drivers alcohol treatment fund or	16802
municipal indigent drivers alcohol treatment fund under the	16803
control of that court, as created by the county or municipal	16804
corporation pursuant to division (N) of section 4511.191 of the	16805
Revised Code.	16806

(6) No court shall impose the alternative sentence of not	16807
less than thirty consecutive days of electronically monitored	16808
house arrest permitted to be imposed by division (B)(1) of this	16809
section or the alternative sentence of a term of not less than	16810
ninety consecutive days of electronically monitored house arrest	16811
permitted to be imposed by division (B)(2) of this section, unless	16812
within sixty days of the date of sentencing, the court issues a	16813
written finding, entered into the record, that, due to the	16814
unavailability of space at the incarceration facility where the	16815
offender is required to serve the term of imprisonment imposed	16816
upon the offender, the offender will not be able to begin serving	16817
that term of imprisonment within the sixty-day period following	16818
the date of sentencing. If the court issues such a finding, the	16819
court may impose the alternative sentence comprised of or	16820
including electronically monitored house arrest permitted to be	16821
imposed by division (B)(1) or (2) of this section.	16822

(7) An offender sentenced under this section to a period of	16823
electronically monitored house arrest shall be permitted work	16824
release during such period. The duration of the work release	16825
shall not exceed the time necessary each day for the offender to	16826
commute to and from the place of employment and the offender's	16827
home or other place specified by the sentencing court and the time	16828
actually spent under employment.	16829

(8) Suspension of a commercial driver's license under this	16830
section shall be concurrent with any period of disqualification	16831
under section ~~2301.374~~3123.611 or 4506.16 of the Revised Code or	16832
any period of suspension under section 3123.58 of the Revised	16833
Code. No person who is disqualified for life from holding a	16834
commercial driver's license under section 4506.16 of the Revised	16835
Code shall be issued a driver's license under this chapter during	16836
the period for which the commercial driver's license was suspended	16837
under this section, and no person whose commercial driver's	16838
license is suspended under this section shall be issued a driver's	16839
license under this chapter during the period of the suspension.	16840

(C) Whoever violates division (B)(1) of section 4507.02 of	16841
the Revised Code is guilty of driving under financial	16842
responsibility law suspension or revocation and shall be punished	16843
as provided in division (C)(1), (2), or (3) and division (C)(4) of	16844
this section.	16845

(1) Except as otherwise provided in division (C)(2) or (3)	16846
of this section, driving under financial responsibility law	16847
suspension or revocation is a misdemeanor of the first degree.	16848

Regardless of whether the vehicle the offender was operating	16849
at the time of the offense is registered in the offender's name or	16850
in the name of another person, the court, in addition to or	16851
independent of any other sentence that it imposes upon the	16852
offender and subject to section 4503.235 of the Revised Code,	16853
shall order the immobilization for thirty days of the vehicle the	16854
offender was operating at the time of the offense and the	16855
impoundment for thirty days of the identification license plates	16856
of that vehicle. The order for immobilization and impoundment	16857
shall be issued and enforced in accordance with section 4503.233	16858
of the Revised Code.	16859

(2) If, within five years of the offense, the offender has	16860
been convicted of or pleaded guilty to one violation of division	16861
(B)(1) of section 4507.02 of the Revised Code or a municipal	16862
ordinance that is substantially equivalent to that division,	16863
driving under financial responsibility law suspension or	16864
revocation is a misdemeanor of the first degree.	16865

Regardless of whether the vehicle the offender was operating	16866
at the time of the offense is registered in the offender's name or	16867
in the name of another person, the court, in addition to or	16868
independent of any other sentence that it imposes upon the	16869
offender and subject to section 4503.235 of the Revised Code,	16870
shall order the immobilization for sixty days of the vehicle the	16871
offender was operating at the time of the offense and the	16872
impoundment for sixty days of the identification license plates of	16873
that vehicle. The order for immobilization and impoundment shall	16874
be issued and enforced in accordance with section 4503.233 of the	16875
Revised Code.	16876

(3) If, within five years of the offense, the offender has	16877
been convicted of or pleaded guilty to two or more violations of	16878
division (B)(1) of section 4507.02 of the Revised Code or a	16879
municipal ordinance that is substantially equivalent to that	16880
division, driving under financial responsibility law suspension or	16881
revocation is a misdemeanor of the first degree.	16882

Regardless of whether the vehicle the offender was operating	16883
at the time of the offense is registered in the offender's name or	16884
in the name of another person, the court, in addition to or	16885
independent of any other sentence that it imposes upon the	16886
offender and subject to section 4503.235 of the Revised Code,	16887
shall order the criminal forfeiture to the state of the vehicle	16888
the offender was operating at the time of the offense. The order	16889
of criminal forfeiture shall be issued and enforced in accordance	16890
with section 4503.234 of the Revised Code.	16891

If title to a motor vehicle that is subject to an order for	16892
criminal forfeiture under this section is assigned or transferred	16893
and division (C)(2) or (3) of section 4503.234 of the Revised Code	16894
applies, in addition to or independent of any other penalty	16895
established by law, the court may fine the offender the value of	16896
the vehicle as determined by publications of the national auto	16897
dealer's association. The proceeds from any fine imposed under	16898
this division shall be distributed in accordance with division	16899
(D)(4) of section 4503.234 of the Revised Code.	16900

(4) Except as otherwise provided in division (D) of section	16901
4507.162 of the Revised Code, the court, in addition to or	16902
independent of all other penalties provided by law, may suspend	16903
for a period not to exceed one year the driver's or commercial	16904
driver's license or permit or nonresident operating privilege of	16905
an offender who is sentenced under division (C)(1), (2), or (3) of	16906
this section.	16907

(5) The court shall not release a vehicle from the	16908
immobilization ordered under division (C)(1) or (2) of this	16909
section unless the court is presented with current proof of	16910
financial responsibility with respect to that vehicle.	16911

(D) Whoever violates division (A)(1) or (3) of section	16912
4507.02 of the Revised Code by operating a motor vehicle when the	16913
offender's driver's or commercial driver's license has been	16914
expired for no more than six months is guilty of a minor	16915
misdemeanor. Whoever violates division (B) of section 4507.13 or	16916
division (C) of section 4507.52 of the Revised Code is guilty of a	16917
minor misdemeanor.	16918

(E) Whoever violates section 4507.33 of the Revised Code is	16919
guilty of permitting the operation of a vehicle by a person with	16920
no legal right to operate a vehicle and shall be punished as	16921
provided in division (E)(1) or (2) of this section.	16922

(1) Except as otherwise provided in division (E)(2) of this	16923
section, permitting the operation of a vehicle by a person with no	16924
legal right to operate a vehicle is a misdemeanor of the first	16925
degree. In addition to or independent of any other sentence that	16926
it imposes upon the offender and subject to section 4503.235 of	16927
the Revised Code, the court shall order the immobilization for	16928
thirty days of the vehicle involved in the offense and the	16929
impoundment for thirty days of the identification license plates	16930
of that vehicle. The order for immobilization and impoundment	16931
shall be issued and enforced in accordance with section 4503.233	16932
of the Revised Code.	16933

(2) If the offender previously has been convicted of or	16934
pleaded guilty to one or more violations of section 4507.33 of the	16935
Revised Code, permitting the operation of a vehicle by a person	16936
with no legal right to operate a vehicle is a misdemeanor of the	16937
first degree. In addition to or independent of any other sentence	16938
that it imposes upon the offender and subject to section 4503.235	16939
of the Revised Code, the court shall order the criminal forfeiture	16940
to the state of the vehicle involved in the offense. The order of	16941
criminal forfeiture shall be issued and enforced in accordance	16942
with section 4503.234 of the Revised Code.	16943

If title to a motor vehicle that is subject to an order for	16944
criminal forfeiture under this section is assigned or transferred	16945
and division (C)(2) or (3) of section 4503.234 of the Revised Code	16946
applies, in addition to or independent of any other penalty	16947
established by law, the court may fine the offender the value of	16948
the vehicle as determined by publications of the national auto	16949
dealer's association. The proceeds from any fine imposed under	16950
this division shall be distributed in accordance with division	16951
(D)(4) of section 4503.234 of the Revised Code.	16952

(F) Whoever violates division (F)(1) or (2) of section	16953
4507.05, or division (B) or (D) of section 4507.071 of the Revised	16954
Code is guilty of a minor misdemeanor.	16955

(G) Whoever violates division (G) of section 4507.21 of the	16956
Revised Code shall be fined one hundred dollars.	16957

(H) Except as provided in divisions (A) to (E) of this	16958
section and unless another penalty is provided by the laws of this	16959
state, whoever violates any provision of sections 4507.01 to	16960
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a	16961
misdemeanor of the first degree.	16962

(I) Whenever a person is found guilty of a violation of	16963
section 4507.32 of the Revised Code, the trial judge of any court	16964
of record, in addition to or independent of all other penalties	16965
provided by law or ordinance, may suspend for any period of time	16966
not exceeding three years or revoke the license of any person,	16967
partnership, association, or corporation, issued under section	16968
4511.763 of the Revised Code.	16969

(J) Whenever a person is found guilty of a violation of a	16970
traffic offense specified in Traffic Rule 13(B) that requires the	16971
person's appearance in court, the court shall require the person	16972
to verify the existence at the time of the offense of proof of	16973
financial responsibility covering the person's operation of the	16974
motor vehicle, or the motor vehicle if registered in the person's	16975
name, and notify the registrar pursuant to division (D) of section	16976
4509.101 of the Revised Code if the person fails to verify the	16977
existence of such proof of financial responsibility.	16978

Sec. 4511.191. (A) Any person who operates a vehicle upon a	16979
highway or any public or private property used by the public for	16980
vehicular travel or parking within this state shall be deemed to	16981
have given consent to a chemical test or tests of the person's	16982
blood, breath, or urine for the purpose of determining the	16983
alcohol, drug, or alcohol and drug content of the person's blood,	16984
breath, or urine if arrested for operating a vehicle while under	16985
the influence of alcohol, a drug of abuse, or alcohol and a drug	16986
of abuse or for operating a vehicle with a prohibited	16987
concentration of alcohol in the blood, breath, or urine. The	16988
chemical test or tests shall be administered at the request of a	16989
police officer having reasonable grounds to believe the person to	16990
have been operating a vehicle upon a highway or any public or	16991
private property used by the public for vehicular travel or	16992
parking in this state while under the influence of alcohol, a drug	16993
of abuse, or alcohol and a drug of abuse or with a prohibited	16994
concentration of alcohol in the blood, breath, or urine. The law	16995
enforcement agency by which the officer is employed shall	16996
designate which of the tests shall be administered.	16997

(B) Any person who is dead or unconscious, or who is	16998
otherwise in a condition rendering the person incapable of	16999
refusal, shall be deemed not to have withdrawn consent as provided	17000
by division (A) of this section and the test or tests may be	17001
administered, subject to sections 313.12 to 313.16 of the Revised	17002
Code.	17003

(C)(1) Any person under arrest for operating a vehicle while	17004
under the influence of alcohol, a drug of abuse, or alcohol and a	17005
drug of abuse or for operating a vehicle with a prohibited	17006
concentration of alcohol in the blood, breath, or urine shall be	17007
advised at a police station, or at a hospital, first-aid station,	17008
or clinic to which the person has been taken for first-aid or	17009
medical treatment, of both of the following:	17010

(a) The consequences, as specified in division (E) of this	17011
section, of the person's refusal to submit upon request to a	17012
chemical test designated by the law enforcement agency as provided	17013
in division (A) of this section;	17014

(b) The consequences, as specified in division (F) of this	17015
section, of the person's submission to the designated chemical	17016
test if the person is found to have a prohibited concentration of	17017
alcohol in the blood, breath, or urine.	17018

(2)(a) The advice given pursuant to division (C)(1) of this	17019
section shall be in a written form containing the information	17020
described in division (C)(2)(b) of this section and shall be read	17021
to the person. The form shall contain a statement that the form	17022
was shown to the person under arrest and read to the person in the	17023
presence of the arresting officer and either another police	17024
officer, a civilian police employee, or an employee of a hospital,	17025
first-aid station, or clinic, if any, to which the person has been	17026
taken for first-aid or medical treatment. The witnesses shall	17027
certify to this fact by signing the form.	17028

(b) The form required by division (C)(2)(a) of this section	17029
shall read as follows:	17030

"You now are under arrest for operating a vehicle while under	17031
the influence of alcohol, a drug of abuse, or both alcohol and a	17032
drug of abuse and will be requested by a police officer to submit	17033
to a chemical test to determine the concentration of alcohol,	17034
drugs of abuse, or alcohol and drugs of abuse in your blood,	17035
breath, or urine.	17036

If you refuse to submit to the requested test or if you	17037
submit to the requested test and are found to have a prohibited	17038
concentration of alcohol in your blood, breath, or urine, your	17039
driver's or commercial driver's license or permit or nonresident	17040
operating privilege immediately will be suspended for the period	17041
of time specified by law by the officer, on behalf of the	17042
registrar of motor vehicles. You may appeal this suspension at	17043
your initial appearance before the court that hears the charges	17044
against you resulting from the arrest, and your initial appearance	17045
will be conducted no later than five days after the arrest. This	17046
suspension is independent of the penalties for the offense, and	17047
you may be subject to other penalties upon conviction."	17048

(D)(1) If a person under arrest as described in division	17049
(C)(1) of this section is not asked by a police officer to submit	17050
to a chemical test designated as provided in division (A) of this	17051
section, the arresting officer shall seize the Ohio or	17052
out-of-state driver's or commercial driver's license or permit of	17053
the person and immediately forward the seized license or permit to	17054
the court in which the arrested person is to appear on the charge	17055
for which the person was arrested. If the arrested person does	17056
not have the person's driver's or commercial driver's license or	17057
permit on the person's self or in the person's vehicle, the	17058
arresting officer shall order the arrested person to surrender it	17059
to the law enforcement agency that employs the officer within	17060
twenty-four hours after the arrest, and, upon the surrender, the	17061
officer's employing agency immediately shall forward the license	17062
or permit to the court in which the arrested person is to appear	17063
on the charge for which the person was arrested. Upon receipt of	17064
the license or permit, the court shall retain it pending the	17065
initial appearance of the arrested person and any action taken	17066
under section 4511.196 of the Revised Code.	17067

If a person under arrest as described in division (C)(1) of	17068
this section is asked by a police officer to submit to a chemical	17069
test designated as provided in division (A) of this section and is	17070
advised of the consequences of the person's refusal or submission	17071
as provided in division (C) of this section and if the person	17072
either refuses to submit to the designated chemical test or the	17073
person submits to the designated chemical test and the test	17074
results indicate that the person's blood contained a concentration	17075
of ten-hundredths of one per cent or more by weight of alcohol,	17076
the person's breath contained a concentration of ten-hundredths of	17077
one gram or more by weight of alcohol per two hundred ten liters	17078
of the person's breath, or the person's urine contained a	17079
concentration of fourteen-hundredths of one gram or more by weight	17080
of alcohol per one hundred milliliters of the person's urine at	17081
the time of the alleged offense, the arresting officer shall do	17082
all of the following:	17083

(a) On behalf of the registrar, serve a notice of suspension	17084
upon the person that advises the person that, independent of any	17085
penalties or sanctions imposed upon the person pursuant to any	17086
other section of the Revised Code or any other municipal	17087
ordinance, the person's driver's or commercial driver's license or	17088
permit or nonresident operating privilege is suspended, that the	17089
suspension takes effect immediately, that the suspension will last	17090
at least until the person's initial appearance on the charge that	17091
will be held within five days after the date of the person's	17092
arrest or the issuance of a citation to the person, and that the	17093
person may appeal the suspension at the initial appearance; seize	17094
the Ohio or out-of-state driver's or commercial driver's license	17095
or permit of the person; and immediately forward the seized	17096
license or permit to the registrar. If the arrested person does	17097
not have the person's driver's or commercial driver's license or	17098
permit on the person's self or in the person's vehicle, the	17099
arresting officer shall order the person to surrender it to the	17100
law enforcement agency that employs the officer within twenty-four	17101
hours after the service of the notice of suspension, and, upon the	17102
surrender, the officer's employing agency immediately shall	17103
forward the license or permit to the registrar.	17104

(b) Verify the current residence of the person and, if it	17105
differs from that on the person's driver's or commercial driver's	17106
license or permit, notify the registrar of the change;	17107

(c) In addition to forwarding the arrested person's driver's	17108
or commercial driver's license or permit to the registrar, send to	17109
the registrar, within forty-eight hours after the arrest of the	17110
person, a sworn report that includes all of the following	17111
statements:	17112

(i) That the officer had reasonable grounds to believe that,	17113
at the time of the arrest, the arrested person was operating a	17114
vehicle upon a highway or public or private property used by the	17115
public for vehicular travel or parking within this state while	17116
under the influence of alcohol, a drug of abuse, or alcohol and a	17117
drug of abuse or with a prohibited concentration of alcohol in the	17118
blood, breath, or urine;	17119

(ii) That the person was arrested and charged with operating	17120
a vehicle while under the influence of alcohol, a drug of abuse,	17121
or alcohol and a drug of abuse or with operating a vehicle with a	17122
prohibited concentration of alcohol in the blood, breath, or	17123
urine;	17124

(iii) That the officer asked the person to take the	17125
designated chemical test, advised the person of the consequences	17126
of submitting to the chemical test or refusing to take the	17127
chemical test, and gave the person the form described in division	17128
(C)(2) of this section;	17129

(iv) That the person refused to submit to the chemical test	17130
or that the person submitted to the chemical test and the test	17131
results indicate that the person's blood contained a concentration	17132
of ten-hundredths of one per cent or more by weight of alcohol,	17133
the person's breath contained a concentration of ten-hundredths of	17134
one gram or more by weight of alcohol per two hundred ten liters	17135
of the person's breath, or the person's urine contained a	17136
concentration of fourteen-hundredths of one gram or more by weight	17137
of alcohol per one hundred milliliters of the person's urine at	17138
the time of the alleged offense;	17139

(v) That the officer served a notice of suspension upon the	17140
person as described in division (D)(1)(a) of this section.	17141

(2) The sworn report of an arresting officer completed under	17142
division (D)(1)(c) of this section shall be given by the officer	17143
to the arrested person at the time of the arrest or sent to the	17144
person by regular first class mail by the registrar as soon	17145
thereafter as possible, but no later than fourteen days after	17146
receipt of the report. An arresting officer may give an unsworn	17147
report to the arrested person at the time of the arrest provided	17148
the report is complete when given to the arrested person and	17149
subsequently is sworn to by the arresting officer. As soon as	17150
possible, but no later than forty-eight hours after the arrest of	17151
the person, the arresting officer shall send a copy of the sworn	17152
report to the court in which the arrested person is to appear on	17153
the charge for which the person was arrested.	17154

(3) The sworn report of an arresting officer completed and	17155
sent to the registrar and the court under divisions (D)(1)(c) and	17156
(D)(2) of this section is prima-facie proof of the information and	17157
statements that it contains and shall be admitted and considered	17158
as prima-facie proof of the information and statements that it	17159
contains in any appeal under division (H) of this section relative	17160
to any suspension of a person's driver's or commercial driver's	17161
license or permit or nonresident operating privilege that results	17162
from the arrest covered by the report.	17163

(E)(1) Upon receipt of the sworn report of an arresting	17164
officer completed and sent to the registrar and a court pursuant	17165
to divisions (D)(1)(c) and (D)(2) of this section in regard to a	17166
person who refused to take the designated chemical test, the	17167
registrar shall enter into the registrar's records the fact that	17168
the person's driver's or commercial driver's license or permit or	17169
nonresident operating privilege was suspended by the arresting	17170
officer under division (D)(1)(a) of this section and the period of	17171
the suspension, as determined under divisions (E)(1)(a) to (d) of	17172
this section. The suspension shall be subject to appeal as	17173
provided in this section and shall be for whichever of the	17174
following periods applies:	17175

(a) If the arrested person, within five years of the date on	17176
which the person refused the request to consent to the chemical	17177
test, had not refused a previous request to consent to a chemical	17178
test of the person's blood, breath, or urine to determine its	17179
alcohol content, the period of suspension shall be one year. If	17180
the person is a resident without a license or permit to operate a	17181
vehicle within this state, the registrar shall deny to the person	17182
the issuance of a driver's or commercial driver's license or	17183
permit for a period of one year after the date of the alleged	17184
violation.	17185

(b) If the arrested person, within five years of the date on	17186
which the person refused the request to consent to the chemical	17187
test, had refused one previous request to consent to a chemical	17188
test of the person's blood, breath, or urine to determine its	17189
alcohol content, the period of suspension or denial shall be two	17190
years.	17191

(c) If the arrested person, within five years of the date on	17192
which the person refused the request to consent to the chemical	17193
test, had refused two previous requests to consent to a chemical	17194
test of the person's blood, breath, or urine to determine its	17195
alcohol content, the period of suspension or denial shall be three	17196
years.	17197

(d) If the arrested person, within five years of the date on	17198
which the person refused the request to consent to the chemical	17199
test, had refused three or more previous requests to consent to a	17200
chemical test of the person's blood, breath, or urine to determine	17201
its alcohol content, the period of suspension or denial shall be	17202
five years.	17203

(2) The suspension or denial imposed under division (E)(1)	17204
of this section shall continue for the entire one-year, two-year,	17205
three-year, or five-year period, subject to appeal as provided in	17206
this section and subject to termination as provided in division	17207
(K) of this section.	17208

(F) Upon receipt of the sworn report of an arresting officer	17209
completed and sent to the registrar and a court pursuant to	17210
divisions (D)(1)(c) and (D)(2) of this section in regard to a	17211
person whose test results indicate that the person's blood	17212
contained a concentration of ten-hundredths of one per cent or	17213
more by weight of alcohol, the person's breath contained a	17214
concentration of ten-hundredths of one gram or more by weight of	17215
alcohol per two hundred ten liters of the person's breath, or the	17216
person's urine contained a concentration of fourteen-hundredths of	17217
one gram or more by weight of alcohol per one hundred milliliters	17218
of the person's urine at the time of the alleged offense, the	17219
registrar shall enter into the registrar's records the fact that	17220
the person's driver's or commercial driver's license or permit or	17221
nonresident operating privilege was suspended by the arresting	17222
officer under division (D)(1)(a) of this section and the period of	17223
the suspension, as determined under divisions (F)(1) to (4) of	17224
this section. The suspension shall be subject to appeal as	17225
provided in this section and shall be for whichever of the	17226
following periods that applies:	17227

(1) Except when division (F)(2), (3), or (4) of this section	17228
applies and specifies a different period of suspension or denial,	17229
the period of the suspension or denial shall be ninety days.	17230

(2) The period of suspension or denial shall be one year if	17231
the person has been convicted, within six years of the date the	17232
test was conducted, of a violation of one of the following:	17233

(a) Division (A) or (B) of section 4511.19 of the Revised	17234
Code;	17235

(b) A municipal ordinance relating to operating a vehicle	17236
while under the influence of alcohol, a drug of abuse, or alcohol	17237
and a drug of abuse;	17238

(c) A municipal ordinance relating to operating a vehicle	17239
with a prohibited concentration of alcohol in the blood, breath,	17240
or urine;	17241

(d) Section 2903.04 of the Revised Code in a case in which	17242
the offender was subject to the sanctions described in division	17243
(D) of that section;	17244

(e) Division (A)(1) of section 2903.06 or division (A)(1) of	17245
section 2903.08 of the Revised Code or a municipal ordinance that	17246
is substantially similar to either of those divisions;	17247

(f) Division (A)(2), (3), or (4) of section 2903.06,	17248
division (A)(2) of section 2903.08, or former section 2903.07 of	17249
the Revised Code, or a municipal ordinance that is substantially	17250
similar to any of those divisions or that former section, in a	17251
case in which the jury or judge found that at the time of the	17252
commission of the offense the offender was under the influence of	17253
alcohol, a drug of abuse, or alcohol and a drug of abuse;	17254

(g) A statute of the United States or of any other state or	17255
a municipal ordinance of a municipal corporation located in any	17256
other state that is substantially similar to division (A) or (B)	17257
of section 4511.19 of the Revised Code.	17258

(3) If the person has been convicted, within six years of	17259
the date the test was conducted, of two violations of a statute or	17260
ordinance described in division (F)(2) of this section, the period	17261
of the suspension or denial shall be two years.	17262

(4) If the person has been convicted, within six years of	17263
the date the test was conducted, of more than two violations of a	17264
statute or ordinance described in division (F)(2) of this section,	17265
the period of the suspension or denial shall be three years.	17266

(G)(1) A suspension of a person's driver's or commercial	17267
driver's license or permit or nonresident operating privilege	17268
under division (D)(1)(a) of this section for the period of time	17269
described in division (E) or (F) of this section is effective	17270
immediately from the time at which the arresting officer serves	17271
the notice of suspension upon the arrested person. Any subsequent	17272
finding that the person is not guilty of the charge that resulted	17273
in the person being requested to take, or in the person taking,	17274
the chemical test or tests under division (A) of this section	17275
affects the suspension only as described in division (H)(2) of	17276
this section.	17277

(2) If a person is arrested for operating a vehicle while	17278
under the influence of alcohol, a drug of abuse, or alcohol and a	17279
drug of abuse or for operating a vehicle with a prohibited	17280
concentration of alcohol in the blood, breath, or urine and	17281
regardless of whether the person's driver's or commercial driver's	17282
license or permit or nonresident operating privilege is or is not	17283
suspended under division (E) or (F) of this section, the person's	17284
initial appearance on the charge resulting from the arrest shall	17285
be held within five days of the person's arrest or the issuance of	17286
the citation to the person, subject to any continuance granted by	17287
the court pursuant to division (H)(1) of this section regarding	17288
the issues specified in that division.	17289

(H)(1) If a person is arrested for operating a vehicle while	17290
under the influence of alcohol, a drug of abuse, or alcohol and a	17291
drug of abuse or for operating a vehicle with a prohibited	17292
concentration of alcohol in the blood, breath, or urine and if the	17293
person's driver's or commercial driver's license or permit or	17294
nonresident operating privilege is suspended under division (E) or	17295
(F) of this section, the person may appeal the suspension at the	17296
person's initial appearance on the charge resulting from the	17297
arrest in the court in which the person will appear on that	17298
charge. If the person appeals the suspension at the person's	17299
initial appearance, the appeal does not stay the operation of the	17300
suspension. Subject to division (H)(2) of this section, no court	17301
has jurisdiction to grant a stay of a suspension imposed under	17302
division (E) or (F) of this section, and any order issued by any	17303
court that purports to grant a stay of any suspension imposed	17304
under either of those divisions shall not be given administrative	17305
effect.	17306

If the person appeals the suspension at the person's initial	17307
appearance, either the person or the registrar may request a	17308
continuance of the appeal. Either the person or the registrar	17309
shall make the request for a continuance of the appeal at the same	17310
time as the making of the appeal. If either the person or the	17311
registrar requests a continuance of the appeal, the court may	17312
grant the continuance. The court also may continue the appeal on	17313
its own motion. The granting of a continuance applies only to the	17314
conduct of the appeal of the suspension and does not extend the	17315
time within which the initial appearance must be conducted, and	17316
the court shall proceed with all other aspects of the initial	17317
appearance in accordance with its normal procedures. Neither the	17318
request for nor the granting of a continuance stays the operation	17319
of the suspension that is the subject of the appeal.	17320

If the person appeals the suspension at the person's initial	17321
appearance, the scope of the appeal is limited to determining	17322
whether one or more of the following conditions have not been met:	17323

(a) Whether the law enforcement officer had reasonable	17324
ground to believe the arrested person was operating a vehicle upon	17325
a highway or public or private property used by the public for	17326
vehicular travel or parking within this state while under the	17327
influence of alcohol, a drug of abuse, or alcohol and a drug of	17328
abuse or with a prohibited concentration of alcohol in the blood,	17329
breath, or urine and whether the arrested person was in fact	17330
placed under arrest;	17331

(b) Whether the law enforcement officer requested the	17332
arrested person to submit to the chemical test designated pursuant	17333
to division (A) of this section;	17334

(c) Whether the arresting officer informed the arrested	17335
person of the consequences of refusing to be tested or of	17336
submitting to the test;	17337

(d) Whichever of the following is applicable:

17338

(i) Whether the arrested person refused to submit to the	17339
chemical test requested by the officer;	17340

(ii) Whether the chemical test results indicate that the	17341
arrested person's blood contained a concentration of	17342
ten-hundredths of one per cent or more by weight of alcohol, the	17343
person's breath contained a concentration of ten-hundredths of one	17344
gram or more by weight of alcohol per two hundred ten liters of	17345
the person's breath, or the person's urine contained a	17346
concentration of fourteen-hundredths of one gram or more by weight	17347
of alcohol per one hundred milliliters of the person's urine at	17348
the time of the alleged offense.	17349

(2) If the person appeals the suspension at the initial	17350
appearance, the judge or referee of the court or the mayor of the	17351
mayor's court shall determine whether one or more of the	17352
conditions specified in divisions (H)(1)(a) to (d) of this section	17353
have not been met. The person who appeals the suspension has the	17354
burden of proving, by a preponderance of the evidence, that one or	17355
more of the specified conditions has not been met. If during the	17356
appeal at the initial appearance the judge or referee of the court	17357
or the mayor of the mayor's court determines that all of those	17358
conditions have been met, the judge, referee, or mayor shall	17359
uphold the suspension, shall continue the suspension, and shall	17360
notify the registrar of the decision on a form approved by the	17361
registrar. Except as otherwise provided in division (H)(2) of	17362
this section, if the suspension is upheld or if the person does	17363
not appeal the suspension at the person's initial appearance under	17364
division (H)(1) of this section, the suspension shall continue	17365
until the complaint alleging the violation for which the person	17366
was arrested and in relation to which the suspension was imposed	17367
is adjudicated on the merits by the judge or referee of the trial	17368
court or by the mayor of the mayor's court. If the suspension was	17369
imposed under division (E) of this section and it is continued	17370
under this division, any subsequent finding that the person is not	17371
guilty of the charge that resulted in the person being requested	17372
to take the chemical test or tests under division (A) of this	17373
section does not terminate or otherwise affect the suspension. If	17374
the suspension was imposed under division (F) of this section and	17375
it is continued under this division, the suspension shall	17376
terminate if, for any reason, the person subsequently is found not	17377
guilty of the charge that resulted in the person taking the	17378
chemical test or tests under division (A) of this section.	17379

If, during the appeal at the initial appearance, the judge or	17380
referee of the trial court or the mayor of the mayor's court	17381
determines that one or more of the conditions specified in	17382
divisions (H)(1)(a) to (d) of this section have not been met, the	17383
judge, referee, or mayor shall terminate the suspension, subject	17384
to the imposition of a new suspension under division (B) of	17385
section 4511.196 of the Revised Code; shall notify the registrar	17386
of the decision on a form approved by the registrar; and, except	17387
as provided in division (B) of section 4511.196 of the Revised	17388
Code, shall order the registrar to return the driver's or	17389
commercial driver's license or permit to the person or to take	17390
such measures as may be necessary, if the license or permit was	17391
destroyed under section 4507.55 of the Revised Code, to permit the	17392
person to obtain a replacement driver's or commercial driver's	17393
license or permit from the registrar or a deputy registrar in	17394
accordance with that section. The court also shall issue to the	17395
person a court order, valid for not more than ten days from the	17396
date of issuance, granting the person operating privileges for	17397
that period of time.	17398

If the person appeals the suspension at the initial	17399
appearance, the registrar shall be represented by the prosecuting	17400
attorney of the county in which the arrest occurred if the initial	17401
appearance is conducted in a juvenile court or county court,	17402
except that if the arrest occurred within a city or village within	17403
the jurisdiction of the county court in which the appeal is	17404
conducted, the city director of law or village solicitor of that	17405
city or village shall represent the registrar. If the appeal is	17406
conducted in a municipal court, the registrar shall be represented	17407
as provided in section 1901.34 of the Revised Code. If the appeal	17408
is conducted in a mayor's court, the registrar shall be	17409
represented by the city director of law, village solicitor, or	17410
other chief legal officer of the municipal corporation that	17411
operates that mayor's court.	17412

(I)(1)(a) A person is not entitled to request, and a court	17413
shall not grant to the person, occupational driving privileges	17414
under division (I)(1) of this section if a person's driver's or	17415
commercial driver's license or permit or nonresident operating	17416
privilege has been suspended pursuant to division (E) of this	17417
section, and the person, within the preceding seven years, has	17418
refused three previous requests to consent to a chemical test of	17419
the person's blood, breath, or urine to determine its alcohol	17420
content or has been convicted of or pleaded guilty to three or	17421
more violations of one or more of the following:	17422

(i) Division (A) or (B) of section 4511.19 of the Revised	17423
Code;	17424

(ii) A municipal ordinance relating to operating a vehicle	17425
while under the influence of alcohol, a drug of abuse, or alcohol	17426
and a drug of abuse;	17427

(iii) A municipal ordinance relating to operating a vehicle	17428
with a prohibited concentration of alcohol in the blood, breath,	17429
or urine;	17430

(iv) Section 2903.04 of the Revised Code in a case in which	17431
the person was subject to the sanctions described in division (D)	17432
of that section;	17433

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	17434
section 2903.08 of the Revised Code or a municipal ordinance that	17435
is substantially similar to either of those divisions;	17436

(vi) Division (A)(2), (3), or (4) of section 2903.06,	17437
division (A)(2) of section 2903.08, or former section 2903.07 of	17438
the Revised Code, or a municipal ordinance that is substantially	17439
similar to any of those divisions or that former section, in a	17440
case in which the jury or judge found that the person was under	17441
the influence of alcohol, a drug of abuse, or alcohol and a drug	17442
of abuse;	17443

(vii) A statute of the United States or of any other state	17444
or a municipal ordinance of a municipal corporation located in any	17445
other state that is substantially similar to division (A) or (B)	17446
of section 4511.19 of the Revised Code.	17447

(b) Any other person who is not described in division	17448
(I)(1)(a) of this section and whose driver's or commercial	17449
driver's license or nonresident operating privilege has been	17450
suspended pursuant to division (E) of this section may file a	17451
petition requesting occupational driving privileges in the common	17452
pleas court, municipal court, county court, mayor's court, or, if	17453
the person is a minor, juvenile court with jurisdiction over the	17454
related criminal or delinquency case. The petition may be filed	17455
at any time subsequent to the date on which the notice of	17456
suspension is served upon the arrested person. The person shall	17457
pay the costs of the proceeding, notify the registrar of the	17458
filing of the petition, and send the registrar a copy of the	17459
petition.	17460

In the proceedings, the registrar shall be represented by the	17461
prosecuting attorney of the county in which the arrest occurred if	17462
the petition is filed in the juvenile court, county court, or	17463
common pleas court, except that, if the arrest occurred within a	17464
city or village within the jurisdiction of the county court in	17465
which the petition is filed, the city director of law or village	17466
solicitor of that city or village shall represent the registrar.	17467
If the petition is filed in the municipal court, the registrar	17468
shall be represented as provided in section 1901.34 of the Revised	17469
Code. If the petition is filed in a mayor's court, the registrar	17470
shall be represented by the city director of law, village	17471
solicitor, or other chief legal officer of the municipal	17472
corporation that operates the mayor's court.	17473

The court, if it finds reasonable cause to believe that	17474
suspension would seriously affect the person's ability to continue	17475
in the person's employment, may grant the person occupational	17476
driving privileges during the period of suspension imposed	17477
pursuant to division (E) of this section, subject to the	17478
limitations contained in this division and division (I)(2) of this	17479
section. The court may grant the occupational driving privileges,	17480
subject to the limitations contained in this division and division	17481
(I)(2) of this section, regardless of whether the person appeals	17482
the suspension at the person's initial appearance under division	17483
(H)(1) of this section or appeals the decision of the court made	17484
pursuant to the appeal conducted at the initial appearance, and,	17485
if the person has appealed the suspension or decision, regardless	17486
of whether the matter at issue has been heard or decided by the	17487
court. The court shall not grant occupational driving privileges	17488
for employment as a driver of commercial motor vehicles to any	17489
person who is disqualified from operating a commercial motor	17490
vehicle under section ~~2301.374~~3123.611 or 4506.16 of the Revised	17491
Code or whose commercial driver's license or commercial driver's	17492
temporary instruction permit has been suspended under section	17493
3123.58 of the Revised Code.	17494

(2)(a) In granting occupational driving privileges under	17495
division (I)(1) of this section, the court may impose any	17496
condition it considers reasonable and necessary to limit the use	17497
of a vehicle by the person. The court shall deliver to the person	17498
a permit card, in a form to be prescribed by the court, setting	17499
forth the time, place, and other conditions limiting the	17500
defendant's use of a vehicle. The grant of occupational driving	17501
privileges shall be conditioned upon the person's having the	17502
permit in the person's possession at all times during which the	17503
person is operating a vehicle.	17504

A person granted occupational driving privileges who operates	17505
a vehicle for other than occupational purposes, in violation of	17506
any condition imposed by the court, or without having the permit	17507
in the person's possession, is guilty of a violation of section	17508
4507.02 of the Revised Code.	17509

(b) The court may not grant a person occupational driving	17510
privileges under division (I)(1) of this section when prohibited	17511
by a limitation contained in that division or during any of the	17512
following periods of time:	17513

(i) The first thirty days of suspension imposed upon a	17514
person who, within five years of the date on which the person	17515
refused the request to consent to a chemical test of the person's	17516
blood, breath, or urine to determine its alcohol content and for	17517
which refusal the suspension was imposed, had not refused a	17518
previous request to consent to a chemical test of the person's	17519
blood, breath, or urine to determine its alcohol content;	17520

(ii) The first ninety days of suspension imposed upon a	17521
person who, within five years of the date on which the person	17522
refused the request to consent to a chemical test of the person's	17523
blood, breath, or urine to determine its alcohol content and for	17524
which refusal the suspension was imposed, had refused one previous	17525
request to consent to a chemical test of the person's blood,	17526
breath, or urine to determine its alcohol content;	17527

(iii) The first year of suspension imposed upon a person	17528
who, within five years of the date on which the person refused the	17529
request to consent to a chemical test of the person's blood,	17530
breath, or urine to determine its alcohol content and for which	17531
refusal the suspension was imposed, had refused two previous	17532
requests to consent to a chemical test of the person's blood,	17533
breath, or urine to determine its alcohol content;	17534

(iv) The first three years of suspension imposed upon a	17535
person who, within five years of the date on which the person	17536
refused the request to consent to a chemical test of the person's	17537
blood, breath, or urine to determine its alcohol content and for	17538
which refusal the suspension was imposed, had refused three or	17539
more previous requests to consent to a chemical test of the	17540
person's blood, breath, or urine to determine its alcohol content.	17541

(3) The court shall give information in writing of any	17542
action taken under this section to the registrar.	17543

(4) If a person's driver's or commercial driver's license or	17544
permit or nonresident operating privilege has been suspended	17545
pursuant to division (F) of this section, and the person, within	17546
the preceding seven years, has been convicted of or pleaded guilty	17547
to three or more violations of division (A) or (B) of section	17548
4511.19 of the Revised Code, a municipal ordinance relating to	17549
operating a vehicle while under the influence of alcohol, a drug	17550
of abuse, or alcohol and a drug of abuse, a municipal ordinance	17551
relating to operating a vehicle with a prohibited concentration of	17552
alcohol in the blood, breath, or urine, section 2903.04 of the	17553
Revised Code in a case in which the person was subject to the	17554
sanctions described in division (D) of that section, or section	17555
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	17556
ordinance that is substantially similar to section 2903.07 of the	17557
Revised Code in a case in which the jury or judge found that the	17558
person was under the influence of alcohol, a drug of abuse, or	17559
alcohol and a drug of abuse, or a statute of the United States or	17560
of any other state or a municipal ordinance of a municipal	17561
corporation located in any other state that is substantially	17562
similar to division (A) or (B) of section 4511.19 of the Revised	17563
Code, the person is not entitled to request, and the court shall	17564
not grant to the person, occupational driving privileges under	17565
this division. Any other person whose driver's or commercial	17566
driver's license or nonresident operating privilege has been	17567
suspended pursuant to division (F) of this section may file in the	17568
court specified in division (I)(1)(b) of this section a petition	17569
requesting occupational driving privileges in accordance with	17570
section 4507.16 of the Revised Code. The petition may be filed at	17571
any time subsequent to the date on which the arresting officer	17572
serves the notice of suspension upon the arrested person. Upon	17573
the making of the request, occupational driving privileges may be	17574
granted in accordance with section 4507.16 of the Revised Code.	17575
The court may grant the occupational driving privileges, subject	17576
to the limitations contained in section 4507.16 of the Revised	17577
Code, regardless of whether the person appeals the suspension at	17578
the person's initial appearance under division (H)(1) of this	17579
section or appeals the decision of the court made pursuant to the	17580
appeal conducted at the initial appearance, and, if the person has	17581
appealed the suspension or decision, regardless of whether the	17582
matter at issue has been heard or decided by the court.	17583

(J) When it finally has been determined under the procedures	17584
of this section that a nonresident's privilege to operate a	17585
vehicle within this state has been suspended, the registrar shall	17586
give information in writing of the action taken to the motor	17587
vehicle administrator of the state of the person's residence and	17588
of any state in which the person has a license.	17589

(K) A suspension of the driver's or commercial driver's	17590
license or permit of a resident, a suspension of the operating	17591
privilege of a nonresident, or a denial of a driver's or	17592
commercial driver's license or permit pursuant to division (E) or	17593
(F) of this section shall be terminated by the registrar upon	17594
receipt of notice of the person's entering a plea of guilty to, or	17595
of the person's conviction of, operating a vehicle while under the	17596
influence of alcohol, a drug of abuse, or alcohol and a drug of	17597
abuse or with a prohibited concentration of alcohol in the blood,	17598
breath, or urine, if the offense for which the plea is entered or	17599
that resulted in the conviction arose from the same incident that	17600
led to the suspension or denial.	17601

The registrar shall credit against any judicial suspension of	17602
a person's driver's or commercial driver's license or permit or	17603
nonresident operating privilege imposed pursuant to division (B)	17604
or (E) of section 4507.16 of the Revised Code any time during	17605
which the person serves a related suspension imposed pursuant to	17606
division (E) or (F) of this section.	17607

(L) At the end of a suspension period under this section,	17608
section 4511.196, or division (B) of section 4507.16 of the	17609
Revised Code and upon the request of the person whose driver's or	17610
commercial driver's license or permit was suspended and who is not	17611
otherwise subject to suspension, revocation, or disqualification,	17612
the registrar shall return the driver's or commercial driver's	17613
license or permit to the person upon the person's compliance with	17614
all of the conditions specified in divisions (L)(1) and (2) of	17615
this section:	17616

(1) A showing by the person that the person has proof of	17617
financial responsibility, a policy of liability insurance in	17618
effect that meets the minimum standards set forth in section	17619
4509.51 of the Revised Code, or proof, to the satisfaction of the	17620
registrar, that the person is able to respond in damages in an	17621
amount at least equal to the minimum amounts specified in section	17622
4509.51 of the Revised Code.	17623

(2) Subject to the limitation contained in division (L)(3)	17624
of this section, payment by the person of a license reinstatement	17625
fee of four hundred twenty-five dollars to the bureau of motor	17626
vehicles, which fee shall be deposited in the state treasury and	17627
credited as follows:	17628

(a) One hundred twelve dollars and fifty cents shall be	17629
credited to the statewide treatment and prevention fund created by	17630
section 4301.30 of the Revised Code. The fund shall be used to	17631
pay the costs of driver treatment and intervention programs	17632
operated pursuant to sections 3793.02 and 3793.10 of the Revised	17633
Code. The director of alcohol and drug addiction services shall	17634
determine the share of the fund that is to be allocated to alcohol	17635
and drug addiction programs authorized by section 3793.02 of the	17636
Revised Code, and the share of the fund that is to be allocated to	17637
drivers' intervention programs authorized by section 3793.10 of	17638
the Revised Code.	17639

(b) Seventy-five dollars shall be credited to the	17640
reparations fund created by section 2743.191 of the Revised Code.	17641

(c) Thirty-seven dollars and fifty cents shall be credited	17642
to the indigent drivers alcohol treatment fund, which is hereby	17643
established. Except as otherwise provided in division (L)(2)(c)	17644
of this section, moneys in the fund shall be distributed by the	17645
department of alcohol and drug addiction services to the county	17646
indigent drivers alcohol treatment funds, the county juvenile	17647
indigent drivers alcohol treatment funds, and the municipal	17648
indigent drivers alcohol treatment funds that are required to be	17649
established by counties and municipal corporations pursuant to	17650
division (N) of this section, and shall be used only to pay the	17651
cost of an alcohol and drug addiction treatment program attended	17652
by an offender or juvenile traffic offender who is ordered to	17653
attend an alcohol and drug addiction treatment program by a	17654
county, juvenile, or municipal court judge and who is determined	17655
by the county, juvenile, or municipal court judge not to have the	17656
means to pay for attendance at the program or to pay the costs	17657
specified in division (N)(4) of this section in accordance with	17658
that division. Moneys in the fund that are not distributed to a	17659
county indigent drivers alcohol treatment fund, a county juvenile	17660
indigent drivers alcohol treatment fund, or a municipal indigent	17661
drivers alcohol treatment fund under division (N) of this section	17662
because the director of alcohol and drug addiction services does	17663
not have the information necessary to identify the county or	17664
municipal corporation where the offender or juvenile offender was	17665
arrested may be transferred by the director of budget and	17666
management to the statewide treatment and prevention fund created	17667
by section 4301.30 of the Revised Code, upon certification of the	17668
amount by the director of alcohol and drug addiction services.	17669

(d) Seventy-five dollars shall be credited to the Ohio	17670
rehabilitation services commission established by section 3304.12	17671
of the Revised Code, to the services for rehabilitation fund,	17672
which is hereby established. The fund shall be used to match	17673
available federal matching funds where appropriate, and for any	17674
other purpose or program of the commission to rehabilitate people	17675
with disabilities to help them become employed and independent.	17676

(e) Seventy-five dollars shall be deposited into the state	17677
treasury and credited to the drug abuse resistance education	17678
programs fund, which is hereby established, to be used by the	17679
attorney general for the purposes specified in division (L)(4) of	17680
this section.	17681

(f) Thirty dollars shall be credited to the state bureau of	17682
motor vehicles fund created by section 4501.25 of the Revised	17683
Code.	17684

(g) Twenty dollars shall be credited to the trauma and	17685
emergency medical services grants fund created by section 4513.263	17686
of the Revised Code.	17687

(3) If a person's driver's or commercial driver's license or	17688
permit is suspended under division (E) or (F) of this section,	17689
section 4511.196, or division (B) of section 4507.16 of the	17690
Revised Code, or any combination of the suspensions described in	17691
division (L)(3) of this section, and if the suspensions arise from	17692
a single incident or a single set of facts and circumstances, the	17693
person is liable for payment of, and shall be required to pay to	17694
the bureau, only one reinstatement fee of four hundred five	17695
dollars. The reinstatement fee shall be distributed by the bureau	17696
in accordance with division (L)(2) of this section.	17697

(4) The attorney general shall use amounts in the drug abuse	17698
resistance education programs fund to award grants to law	17699
enforcement agencies to establish and implement drug abuse	17700
resistance education programs in public schools. Grants awarded	17701
to a law enforcement agency under division (L)(2)(e) of this	17702
section shall be used by the agency to pay for not more than fifty	17703
per cent of the amount of the salaries of law enforcement officers	17704
who conduct drug abuse resistance education programs in public	17705
schools. The attorney general shall not use more than six per	17706
cent of the amounts the attorney general's office receives under	17707
division (L)(2)(e) of this section to pay the costs it incurs in	17708
administering the grant program established by division (L)(2)(e)	17709
of this section and in providing training and materials relating	17710
to drug abuse resistance education programs.	17711

The attorney general shall report to the governor and the	17712
general assembly each fiscal year on the progress made in	17713
establishing and implementing drug abuse resistance education	17714
programs. These reports shall include an evaluation of the	17715
effectiveness of these programs.	17716

(M) Suspension of a commercial driver's license under	17717
division (E) or (F) of this section shall be concurrent with any	17718
period of disqualification under section ~~2301.374~~3123.611 or	17719
4506.16 of the Revised Code or any period of suspension under	17720
section 3123.58 of the Revised Code. No person who is	17721
disqualified for life from holding a commercial driver's license	17722
under section 4506.16 of the Revised Code shall be issued a	17723
driver's license under Chapter 4507. of the Revised Code during	17724
the period for which the commercial driver's license was suspended	17725
under division (E) or (F) of this section, and no person whose	17726
commercial driver's license is suspended under division (E) or (F)	17727
of this section shall be issued a driver's license under that	17728
chapter during the period of the suspension.	17729

(N)(1) Each county shall establish an indigent drivers	17730
alcohol treatment fund, each county shall establish a juvenile	17731
indigent drivers alcohol treatment fund, and each municipal	17732
corporation in which there is a municipal court shall establish an	17733
indigent drivers alcohol treatment fund. All revenue that the	17734
general assembly appropriates to the indigent drivers alcohol	17735
treatment fund for transfer to a county indigent drivers alcohol	17736
treatment fund, a county juvenile indigent drivers alcohol	17737
treatment fund, or a municipal indigent drivers alcohol treatment	17738
fund, all portions of fees that are paid under division (L) of	17739
this section and that are credited under that division to the	17740
indigent drivers alcohol treatment fund in the state treasury for	17741
a county indigent drivers alcohol treatment fund, a county	17742
juvenile indigent drivers alcohol treatment fund, or a municipal	17743
indigent drivers alcohol treatment fund, and all portions of fines	17744
that are specified for deposit into a county or municipal indigent	17745
drivers alcohol treatment fund by section 4511.193 of the Revised	17746
Code shall be deposited into that county indigent drivers alcohol	17747
treatment fund, county juvenile indigent drivers alcohol treatment	17748
fund, or municipal indigent drivers alcohol treatment fund in	17749
accordance with division (N)(2) of this section. Additionally,	17750
all portions of fines that are paid for a violation of section	17751
4511.19 of the Revised Code or division (B)(2) of section 4507.02	17752
of the Revised Code, and that are required under division (A)(1),	17753
(2), (5), or (6) of section 4511.99 or division (B)(5) of section	17754
4507.99 of the Revised Code to be deposited into a county indigent	17755
drivers alcohol treatment fund or municipal indigent drivers	17756
alcohol treatment fund shall be deposited into the appropriate	17757
fund in accordance with the applicable division.	17758

(2) That portion of the license reinstatement fee that is	17759
paid under division (L) of this section and that is credited under	17760
that division to the indigent drivers alcohol treatment fund shall	17761
be deposited into a county indigent drivers alcohol treatment	17762
fund, a county juvenile indigent drivers alcohol treatment fund,	17763
or a municipal indigent drivers alcohol treatment fund as follows:	17764

(a) If the suspension in question was imposed under this	17765
section, that portion of the fee shall be deposited as follows:	17766

(i) If the fee is paid by a person who was charged in a	17767
county court with the violation that resulted in the suspension,	17768
the portion shall be deposited into the county indigent drivers	17769
alcohol treatment fund under the control of that court;	17770

(ii) If the fee is paid by a person who was charged in a	17771
juvenile court with the violation that resulted in the suspension,	17772
the portion shall be deposited into the county juvenile indigent	17773
drivers alcohol treatment fund established in the county served by	17774
the court;	17775

(iii) If the fee is paid by a person who was charged in a	17776
municipal court with the violation that resulted in the	17777
suspension, the portion shall be deposited into the municipal	17778
indigent drivers alcohol treatment fund under the control of that	17779
court.	17780

(b) If the suspension in question was imposed under division	17781
(B) of section 4507.16 of the Revised Code, that portion of the	17782
fee shall be deposited as follows:	17783

(i) If the fee is paid by a person whose license or permit	17784
was suspended by a county court, the portion shall be deposited	17785
into the county indigent drivers alcohol treatment fund under the	17786
control of that court;	17787

(ii) If the fee is paid by a person whose license or permit	17788
was suspended by a municipal court, the portion shall be deposited	17789
into the municipal indigent drivers alcohol treatment fund under	17790
the control of that court.	17791

(3) Expenditures from a county indigent drivers alcohol	17792
treatment fund, a county juvenile indigent drivers alcohol	17793
treatment fund, or a municipal indigent drivers alcohol treatment	17794
fund shall be made only upon the order of a county, juvenile, or	17795
municipal court judge and only for payment of the cost of the	17796
attendance at an alcohol and drug addiction treatment program of a	17797
person who is convicted of, or found to be a juvenile traffic	17798
offender by reason of, a violation of division (A) of section	17799
4511.19 of the Revised Code or a substantially similar municipal	17800
ordinance, who is ordered by the court to attend the alcohol and	17801
drug addiction treatment program, and who is determined by the	17802
court to be unable to pay the cost of attendance at the treatment	17803
program or for payment of the costs specified in division (N)(4)	17804
of this section in accordance with that division. The alcohol and	17805
drug addiction services board or the board of alcohol, drug	17806
addiction, and mental health services established pursuant to	17807
section 340.02 or 340.021 of the Revised Code and serving the	17808
alcohol, drug addiction, and mental health service district in	17809
which the court is located shall administer the indigent drivers	17810
alcohol treatment program of the court. When a court orders an	17811
offender or juvenile traffic offender to attend an alcohol and	17812
drug addiction treatment program, the board shall determine which	17813
program is suitable to meet the needs of the offender or juvenile	17814
traffic offender, and when a suitable program is located and space	17815
is available at the program, the offender or juvenile traffic	17816
offender shall attend the program designated by the board. A	17817
reasonable amount not to exceed five per cent of the amounts	17818
credited to and deposited into the county indigent drivers alcohol	17819
treatment fund, the county juvenile indigent drivers alcohol	17820
treatment fund, or the municipal indigent drivers alcohol	17821
treatment fund serving every court whose program is administered	17822
by that board shall be paid to the board to cover the costs it	17823
incurs in administering those indigent drivers alcohol treatment	17824
programs.	17825

(4) If a county, juvenile, or municipal court determines, in	17826
consultation with the alcohol and drug addiction services board or	17827
the board of alcohol, drug addiction, and mental health services	17828
established pursuant to section 340.02 or 340.021 of the Revised	17829
Code and serving the alcohol, drug addiction, and mental health	17830
district in which the court is located, that the funds in the	17831
county indigent drivers alcohol treatment fund, the county	17832
juvenile indigent drivers alcohol treatment fund, or the municipal	17833
indigent drivers alcohol treatment fund under the control of the	17834
court are more than sufficient to satisfy the purpose for which	17835
the fund was established, as specified in divisions (N)(1) to (3)	17836
of this section, the court may declare a surplus in the fund. If	17837
the court declares a surplus in the fund, the court may expend the	17838
amount of the surplus in the fund for alcohol and drug abuse	17839
assessment and treatment of persons who are charged in the court	17840
with committing a criminal offense or with being a delinquent	17841
child or juvenile traffic offender and in relation to whom both of	17842
the following apply:	17843

(a) The court determines that substance abuse was a	17844
contributing factor leading to the criminal or delinquent activity	17845
or the juvenile traffic offense with which the person is charged.	17846

(b) The court determines that the person is unable to pay	17847
the cost of the alcohol and drug abuse assessment and treatment	17848
for which the surplus money will be used.	17849

Sec. 4701.28. On receipt of a notice pursuant to section	17850
~~2301.373~~3123.43 of the Revised Code, the accountancy board shall	17851
comply with ~~that section~~sections 3123.41 to 3123.50 of the	17852
Revised Code and any applicable rules adopted under section	17853
3123.63 of the Revised Code with respect to a certificate or	17854
permit issued pursuant to this chapter.	17855

Sec. 4703.12. (A) Each original certificate issued and	17856
registered shall authorize the holder to practice architecture as	17857
a registered architect throughout this state from the date of	17858
issuance until the last day of December of the odd-numbered year	17859
next succeeding the date upon which the certificate was issued,	17860
unless the certificate has been revoked or suspended for cause as	17861
provided in section 4703.15 of the Revised Code. Every holder of	17862
such certificate or its renewal shall secure a seal of the design	17863
prescribed by the rules of the state board of examiners of	17864
architects. All working drawings and specifications prepared by	17865
or under the supervision of the holder shall be imprinted with	17866
this seal. No person shall seal any document unless the person is	17867
the holder of a certificate currently in good standing.	17868

(B) Each certificate of authorization issued under division	17869
(L) of section 4703.18 of the Revised Code shall authorize the	17870
holder to provide architectural services, through the architect	17871
designated as being in responsible charge of the architectural	17872
practice, from the date of issuance until the last day of June	17873
next succeeding the date upon which the certificate was issued,	17874
unless the certificate has been revoked or suspended for cause as	17875
provided in section 4703.15 of the Revised Code or has been	17876
suspended pursuant to section ~~2301.373~~3123.47 of the Revised	17877
Code.	17878

Sec. 4703.16. (A) The state board of examiners of	17879
architects shall establish the application fee for obtaining	17880
registration under section 4703.07 and the fee for obtaining	17881
registration under section 4703.08 of the Revised Code.	17882

(B) The fee to restore a certificate of qualification is the	17883
renewal fee for the current certification period, plus the renewal	17884
fee for each two-year period in which the certificate was not	17885
renewed, plus a penalty of ten per cent of the total renewal fees	17886
for each two-year period or part thereof in which the certificate	17887
was not renewed, provided that the maximum fee shall not exceed	17888
the amount established by the board.	17889

17890

(1) The fee for an original and duplicate certificate of	17891
qualification to practice architecture and the biennial renewal of	17892
the certificate;	17893

(2) The fee for a duplicate renewal card;

17894

(3) The fee to restore a certificate of qualification or	17895
certificate of authorization revoked under section 4703.15 of the	17896
Revised Code or suspended under section ~~2301.373~~3123.47 of the	17897
Revised Code;	17898

(4) The fee for an original and duplicate certificate of	17899
authorization issued under division (L) of section 4703.18 of the	17900
Revised Code and the annual renewal of the certificate.	17901

Sec. 4703.36. (A) The state board of landscape architect	17902
examiners shall register as a landscape architect each applicant	17903
who demonstrates to the satisfaction of the board that the	17904
applicant has met all requirements of section 4703.34 of the	17905
Revised Code, or in lieu thereof, has complied with the provisions	17906
of section 4703.341 or 4703.35 of the Revised Code. The	17907
certificate issued to each individual shall be prima-facie	17908
evidence of the right of the individual to whom it is issued to	17909
represent self as a landscape architect and to enter the practice	17910
of landscape architecture, subject to sections 4703.30 to 4703.49	17911
of the Revised Code.	17912

(B) Each certificate of qualification issued and registered	17913
shall authorize the holder to practice landscape architecture as a	17914
landscape architect in this state until the last day of October of	17915
each odd-numbered calendar year, unless revoked or suspended for	17916
cause as provided in this chapter or suspended pursuant to section	17917
~~2301.373~~3123.47 of the Revised Code. License renewal shall be	17918
conducted in accordance with the standard license renewal	17919
procedure in Chapter 4745. of the Revised Code. Each renewal	17920
shall be recorded in the official register of the board.	17921

(C) Each person registered by the board shall secure a seal	17922
of the design prescribed by the board. All plans, specifications,	17923
drawings, and other documents prepared by, or under the direct	17924
supervision of, the landscape architect shall be imprinted with	17925
such seal, in accordance with the requirements of the board.	17926

(D) Each certificate of authorization issued under division	17927
(F) of section 4703.331 of the Revised Code shall authorize the	17928
holder to provide landscape architectural services, through the	17929
landscape architect designated as being in responsible charge of	17930
the landscape architectural activities and decisions, from the	17931
date of issuance until the last day of June next succeeding the	17932
date upon which the certificate was issued unless the certificate	17933
has been suspended or revoked for cause as provided in section	17934
4703.42 of the Revised Code.	17935

Sec. 4703.52. On receipt of a notice pursuant to section	17936
~~2301.373~~3123.43 of the Revised Code, the state board of examiners	17937
of architects and the state board of landscape architects	17938
examiners shall comply with ~~that section~~sections 3123.41 to	17939
3123.50 of the Revised Code and any applicable rules adopted under	17940
section 3123.63 of the Revised Code with respect to a certificate	17941
issued pursuant to this chapter.	17942

Sec. 4705.021. (A) As used in this section:

17943

(1) "Disciplinary counsel" means the disciplinary counsel	17944
appointed by the board of commissioners on grievances and	17945
discipline of the supreme court under the Rules for the Government	17946
of the Bar of Ohio.	17947

(2) "Certified grievance committee" means a duly constituted	17948
and organized committee of the Ohio state bar association or of	17949
one or more local bar associations of the state that complies with	17950
the criteria set forth in rule V, section 3 of the Rules for the	17951
Government of the Bar of Ohio.	17952

(3) "Child support order" has the same meaning as in section	17953
~~2301.373~~3119.01 of the Revised Code.	17954

(B) If an individual who has been admitted to the bar by	17955
order of the supreme court in compliance with its published rules	17956
is determined pursuant to ~~division (B) of section 3113.21~~sections	17957
3123.02 to3123.071 of the Revised Code by a court or child	17958
support enforcement agency to be in default under a support order	17959
being administered or handled by a child support enforcement	17960
agency, that agency may send a notice listing the name and social	17961
security number or other identification number of the individual	17962
and a certified copy of the court or agency determination that the	17963
individual is in default to the secretary of the board of	17964
commissioners on grievances and discipline of the supreme court	17965
and to either the disciplinary counsel or the president,	17966
secretary, and ~~chairman~~chairperson of each certified grievance	17967
committee.	17968

Sec. 4707.23. On receipt of a notice pursuant to section	17969
~~2301.373~~3123.43 of the Revised Code, the department of commerce	17970
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	17971
Revised Code and any applicable rules adopted under section	17972
3123.63 of the Revised Code with respect to a license issued	17973
pursuant to this chapter.	17974

Sec. 4709.26. On receipt of a notice pursuant to section	17975
~~2301.373~~3123.43 of the Revised Code, the barber board shall comply	17976
with ~~that section~~sections 3123.41 to 3123.50 of the Revised Code	17977
and any applicable rules adopted under section 3123.63 of the	17978
Revised Code with respect to a license or certificate issued	17979
pursuant to this chapter.	17980

Sec. 4713.27. On receipt of a notice pursuant to section	17981
~~2301.373~~3123.43 of the Revised Code, the board of cosmetology	17982
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	17983
Revised Code and any applicable rules adopted under section	17984
3123.63 of the Revised Code with respect to a license issued	17985
pursuant to this chapter.	17986

Sec. 4715.40. On receipt of a notice pursuant to section	17987
~~2301.373~~3123.43 of the Revised Code, the state dental board shall	17988
comply with ~~that section~~sections 3123.41 to 3123.50 of the	17989
Revised Code and any applicable rules adopted under section	17990
3123.63 of the Revised Code with respect to a license issued	17991
pursuant to this chapter.	17992

Sec. 4717.16. On receipt of a notice pursuant to section	17993
~~2301.373~~3123.43 of the Revised Code, the board of embalmers and	17994
funeral directors shall comply with ~~that section~~sections 3123.41	17995
to 3123.50 of the Revised Code and any applicable rules adopted	17996
under section 3123.63 of the Revised Code with respect to a	17997
license issued pursuant to this chapter.	17998

Sec. 4723.07. In accordance with Chapter 119. of the Revised	17999
Code, the board of nursing shall adopt and may amend and rescind	18000
rules:	18001

(A) Providing for its government and control of its actions	18002
and business affairs;	18003

(B) Establishing minimum curricula and standards for nursing	18004
education programs that prepare graduates to take licensing	18005
examinations, and establishing procedures for granting, renewing,	18006
and withdrawing approval of those programs;	18007

(C) Establishing requirements that applicants for licensure	18008
must meet to be permitted to take licensing examinations;	18009

(D) Governing the administration and conduct of examinations	18010
for licensure to practice nursing as a registered nurse or as a	18011
licensed practical nurse;	18012

(E) Establishing standards for approval of continuing	18013
nursing education programs and courses for registered nurses,	18014
licensed practical nurses, certified registered nurse	18015
anesthetists, clinical nurse specialists, certified	18016
nurse-midwives, and certified nurse practitioners. The standards	18017
may provide for approval of continuing nursing education programs	18018
and courses that have been approved by other state boards of	18019
nursing or by national accreditation systems for nursing,	18020
including, but not limited to, the American nurses' credentialing	18021
center and the national association for practical nurse education	18022
and service.	18023

(F) Establishing standards that persons must meet to be	18024
authorized by the board to approve continuing nursing education	18025
programs and courses and a schedule to have that authorization	18026
renewed;	18027

(G) Establishing requirements, including continuing	18028
education requirements, for restoring inactive nursing licenses	18029
and dialysis technician certificates issued under this chapter and	18030
nursing licenses and dialysis technician certificates that have	18031
lapsed through failure to renew;	18032

(H) Establishing requirements for issuing endorsements of	18033
nursing licenses and dialysis technician certificates issued by	18034
another state;	18035

(I) Governing conditions that may be imposed for	18036
reinstatement of a nursing license or dialysis technician	18037
certificate issued under this chapter following action taken under	18038
sections ~~2301.373~~3123.47, 4723.28, and 4723.281 of the Revised	18039
Code resulting in a suspension from practice;	18040

(J) Establishing standards for approval of peer support	18041
programs for persons who hold a nursing license or dialysis	18042
technician certificate issued under this chapter;	18043

(K) Establishing requirements for board approval of courses	18044
in medication administration by licensed practical nurses;	18045

(L) Establishing criteria for specialty certification of	18046
registered nurses;	18047

(M) Establishing criteria for evaluating the qualifications	18048
of an applicant who is applying for a license by endorsement to	18049
practice nursing as a registered nurse or licensed practical nurse	18050
or for a certificate of authority issued under division (E) of	18051
section 4723.41 of the Revised Code;	18052

(N) Establishing universal blood and body fluid precautions	18053
that shall be used by each person holding a nursing license or	18054
dialysis technician certificate issued under this chapter who	18055
performs exposure-prone invasive procedures. The rules shall	18056
define and establish requirements for universal blood and body	18057
fluid precautions that include the following:	18058

(1) Appropriate use of hand washing;

18059

(2) Disinfection and sterilization of equipment;

18060

(3) Handling and disposal of needles and other sharp	18061
instruments;	18062

(4) Wearing and disposal of gloves and other protective	18063
garments and devices.	18064

(O) Establishing standards and procedures for approving	18065
certificates of authority to practice nursing as a certified	18066
registered nurse anesthetist, clinical nurse specialist, certified	18067
nurse-midwife, or certified nurse practitioner, and for renewal of	18068
those certificates;	18069

(P) Establishing quality assurance standards for certified	18070
registered nurse anesthetists, clinical nurse specialists,	18071
certified nurse-midwives, or certified nurse practitioners;	18072

(Q) Establishing additional criteria for the standard care	18073
arrangement required by section 4723.431 of the Revised Code	18074
entered into by a clinical nurse specialist, certified	18075
nurse-midwife, or certified nurse practitioner and the nurse's	18076
collaborating physician or podiatrist;	18077

(R) Establishing continuing education standards for clinical	18078
nurse specialists who are exempt under division (C) of section	18079
4723.41 of the Revised Code from the requirement of having passed	18080
a certification examination.	18081

Subject to Chapter 119. of the Revised Code, the board may	18082
adopt other rules necessary to carry out the provisions of this	18083
chapter.	18084

Sec. 4723.09. (A) An application for licensure by	18085
examination to practice as a registered nurse or as a licensed	18086
practical nurse shall be submitted to the board of nursing in the	18087
form prescribed by rules of the board. The application shall	18088
include evidence that the applicant has completed requirements of	18089
a nursing education program approved by the board or approved by	18090
another jurisdiction's board that regulates nurse licensure. The	18091
application also shall include any other information required by	18092
rules of the board. The application shall be accompanied by the	18093
application fee required by section 4723.08 of the Revised Code.	18094
If the board determines that the applicant meets the requirements	18095
to take the examination, it shall admit the applicant to the	18096
examination.	18097

The board shall grant a license to practice nursing as a	18098
registered nurse or as a licensed practical nurse if the applicant	18099
passes the examination and the board determines that the applicant	18100
has not committed any act that is grounds for disciplinary action	18101
under section ~~2301.373~~3123.47 or 4723.28 of the Revised Code, or	18102
determines that an applicant who has committed such acts has made	18103
restitution or has been rehabilitated, or both. The board is not	18104
required to afford a hearing to an individual to whom it has	18105
refused to grant a license because of that individual's failure to	18106
pass the examination.	18107

(B) An application for license by endorsement to practice	18108
nursing as a registered nurse or as a licensed practical nurse	18109
shall be submitted to the board in the form prescribed by rules of	18110
the board and shall be accompanied by the application fee required	18111
by section 4723.08 of the Revised Code. The application shall	18112
include evidence that the applicant holds a license in good	18113
standing in another jurisdiction granted after passing an	18114
examination approved by the board of that jurisdiction that is	18115
equivalent to the examination requirements under this chapter for	18116
a license to practice nursing as a registered nurse or licensed	18117
practical nurse, and shall include other information required by	18118
rules of the board of nursing. The board shall grant a license by	18119
endorsement if the applicant is licensed or certified by another	18120
jurisdiction and the board determines, pursuant to rules	18121
established under section 4723.07 of the Revised Code, that all of	18122
the following apply:	18123

(1) The educational preparation of the applicant is	18124
substantially similar to the minimum curricula and standards for	18125
nursing education programs established by the board under section	18126
4723.07 of the Revised Code;	18127

(2) The examination, at the time it is successfully	18128
completed, is equivalent to the examination requirements in effect	18129
at that time for applicants who successfully completed the	18130
examination in this state;	18131

(3) The applicant has not committed any act that is grounds	18132
for disciplinary action under section ~~2301.373~~3123.47, 4723.28,	18133
or 4723.281 of the Revised Code, or determines that an applicant	18134
who has committed such acts has made restitution or has been	18135
rehabilitated, or both.	18136

The board may grant a nonrenewable temporary permit to	18137
practice nursing as a registered nurse or as a licensed practical	18138
nurse to an applicant for license by endorsement if the board is	18139
satisfied by the evidence that the applicant holds a current,	18140
active license in good standing in another jurisdiction. The	18141
temporary permit shall expire at the earlier of one hundred twenty	18142
days after issuance or upon the issuance of a license by	18143
endorsement.	18144

Sec. 4723.341. As used in this section, "person" has the	18145
same meaning as in section 1.59 of the Revised Code and also	18146
includes the board of nursing and its members and employees;	18147
health care facilities, associations, and societies; insurers; and	18148
individuals.	18149

In the absence of fraud or bad faith, no person reporting to	18150
the board of nursing or testifying in an adjudication hearing	18151
conducted under Chapter 119. of the Revised Code with regard to	18152
alleged incidents of negligence or malpractice, matters subject to	18153
sections 3123.41 to 3123.50 of the Revised Code and any applicable	18154
rules adopted under section 3123.63 of the Revised Code or section	18155
~~2301.373 or~~ 4723.28 of the Revised Code, violations of section	18156
4723.34 of the Revised Code, or the qualifications, fitness, or	18157
character of a person licensed or applying for a license to	18158
practice nursing as a registered nurse or licensed practical	18159
nurse, or holding or applying for a certificate to practice as a	18160
dialysis technician, shall be subject to any civil action or	18161
liable for damages as a result of making the report or testifying.	18162

In the absence of fraud or bad faith, no professional	18163
association of registered nurses or licensed practical nurses that	18164
sponsors a committee or program to provide peer assistance to	18165
nurses with substance abuse problems, no representative or agent	18166
of such a committee or program, and no member of the board of	18167
nursing shall be liable to any person for damages in a civil	18168
action by reason of actions taken to refer a nurse to a treatment	18169
provider designated by the board or actions or omissions of the	18170
provider in treating a nurse.	18171

Sec. 4723.63. On receipt of a notice pursuant to section	18172
~~2301.373~~3123.43 of the Revised Code, the board of nursing shall	18173
comply with ~~that section~~sections 3123.41 to 3123.50 of the	18174
Revised Code and any applicable rules adopted under section	18175
3123.63 of the Revised Code with respect to a nursing license or	18176
dialysis technician certificate issued pursuant to this chapter.	18177

Sec. 4725.20. On receipt of a notice pursuant to section	18178
~~2301.373~~3123.43 of the Revised Code, the state board of optometry	18179
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	18180
Revised Code and any applicable rules adopted under section	18181
3123.63 of the Revised Code with respect to a license or	18182
certificate issued by the board under this chapter.	18183

Sec. 4725.531. On receipt of a notice pursuant to section	18184
~~2301.373~~3123.43 of the Revised Code, the Ohio optical dispensers	18185
board shall comply with ~~that section~~sections 3123.41 to 3123.50	18186
of the Revised Code and any applicable rules adopted under section	18187
3123.63 of the Revised Code with respect to a license issued by	18188
the board pursuant to this chapter.	18189

Sec. 4727.031. On receipt of a notice pursuant to section	18190
~~2301.373~~3123.43 of the Revised Code, the division of consumer	18191
finance shall comply with ~~that section~~sections 3123.41 to 3123.50	18192
of the Revised Code and any applicable rules adopted under section	18193
3123.63 of the Revised Code with respect to a license issued	18194
pursuant to this chapter.	18195

Sec. 4728.031. On receipt of a notice pursuant to section	18196
~~2301.373~~3123.43 of the Revised Code, the division of consumer	18197
finance shall comply with ~~that section~~sections 3123.41 to 3123.50	18198
of the Revised Code and any applicable rules adopted under section	18199
3123.63 of the Revised Code with respect to a license issued	18200
pursuant to this chapter.	18201

Sec. 4729.67. On receipt of a notice pursuant to section	18202
~~2301.373~~3123.43 of the Revised Code, the state board of pharmacy	18203
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	18204
Revised Code and any applicable rules adopted under section	18205
3123.63 of the Revised Code with respect to a license,	18206
identification card, or certificate of registration issued	18207
pursuant to this chapter.	18208

Sec. 4730.251. On receipt of a notice pursuant to section	18209
~~2301.373~~3123.43 of the Revised Code, the state medical board shall	18210
comply with ~~that section~~sections 3123.41 to 3123.50 of the	18211
Revised Code and any applicable rules adopted under section	18212
3123.63 of the Revised Code with respect to a certificate issued	18213
pursuant to this chapter.	18214

Sec. 4731.76. On receipt of a notice pursuant to section	18215
~~2301.373~~3123.43 of the Revised Code, the state medical board shall	18216
comply with ~~that section~~sections 3123.41 to 3123.50 of the	18217
Revised Code and any applicable rules adopted under section	18218
3123.63 of the Revised Code with respect to a certificate issued	18219
pursuant to this chapter.	18220

Sec. 4732.27. On receipt of a notice pursuant to section	18221
~~2301.373~~3123.43 of the Revised Code, the state board of psychology	18222
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	18223
Revised Code and any applicable rules adopted under section	18224
3123.63 of the Revised Code with respect to a license issued	18225
pursuant to this chapter.	18226

Sec. 4733.15. (A) Certificates of registration expire on	18227
the last day of December following their issuance or renewal and	18228
become invalid on that date unless renewed pursuant to this	18229
section and the standard renewal procedure of sections 4745.01 to	18230
4745.03 of the Revised Code. Renewal may be effected at any time	18231
prior to the date of expiration for a period of one year by the	18232
applicant's paying to the treasurer of state a fee of sixteen	18233
dollars for a renewal of a certificate of registration as either a	18234
professional engineer or professional surveyor, and twenty-one	18235
dollars for the renewal of the certificates of an individual who	18236
is registered as both a professional engineer and professional	18237
surveyor. The failure on the part of any registrant to renew a	18238
certificate prior to expiration when notified as required in this	18239
section, shall not deprive such person of the right of renewal	18240
within the following twelve months, but the fee to be paid for the	18241
renewal of a certificate after expiration shall be increased fifty	18242
per cent. The state board of registration for professional	18243
engineers and surveyors may waive the payment of the renewal fees	18244
of a registrant during the period when the registrant is on active	18245
duty in connection with any branch of the armed forces of the	18246
United States.	18247

(B) Each certificate of authorization issued pursuant to	18248
section 4733.16 of the Revised Code shall authorize the holder to	18249
provide engineering and surveying services, through the registered	18250
professional engineer or professional surveyor designated as being	18251
in responsible charge of the engineering and surveying practice,	18252
from the date of issuance until the last day of June next	18253
succeeding the date upon which the certificate was issued, unless	18254
the certificate has been revoked or suspended for cause as	18255
provided in section 4733.20 of the Revised Code or has been	18256
suspended pursuant to section ~~2301.373~~3123.47 of the Revised	18257
Code.	18258

(C) If a certificate is not renewed within one year from the	18259
date of expiration, its renewal may be effected under rules	18260
promulgated by the board regarding requirements for reexamination	18261
or reapplication, and reinstatement penalty fees.	18262

Sec. 4733.27. On receipt of a notice pursuant to section	18263
~~2301.373~~3123.43 of the Revised Code, the state board of	18264
registration for engineers and surveyors shall comply with ~~that~~	18265
~~section~~sections 3123.41 to 3123.50 of the Revised Code and any	18266
applicable rules adopted under section 3123.63 of the Revised Code	18267
with respect to a certificate issued pursuant to this chapter.	18268

Sec. 4734.22. On receipt of a notice pursuant to section	18269
~~2301.373~~3123.43 of the Revised Code, the chiropractic examining	18270
board shall comply with ~~that section~~sections 3123.41 to 3123.50	18271
of the Revised Code and any applicable rules adopted under section	18272
3123.63 of the Revised Code with respect to a license issued	18273
pursuant to this chapter.	18274

Sec. 4735.05. (A) The Ohio real estate commission is a part	18275
of the department of commerce for administrative purposes. The	18276
director of commerce is ex officio the executive officer of the	18277
commission, or the director may designate any employee of the	18278
department as superintendent of real estate and professional	18279
licensing to act as executive officer of the commission.	18280

The commission and the real estate appraiser board created	18281
pursuant to section 4763.02 of the Revised Code shall each submit	18282
to the director a list of three persons whom the commission and	18283
the board consider qualified to be superintendent within sixty	18284
days after the office of superintendent becomes vacant. The	18285
director shall appoint a superintendent from the lists submitted	18286
by the commission and the board, and the superintendent shall	18287
serve at the pleasure of the director.	18288

(B) The superintendent, except as otherwise provided, shall	18289
do all of the following in regard to this chapter:	18290

(1) Administer this chapter;

18291

(2) Issue all orders necessary to implement this chapter;

18292

(3) Investigate complaints concerning the violation of this	18293
chapter or the conduct of any licensee;	18294

(4) Establish and maintain an investigation and audit	18295
section to investigate complaints and conduct inspections, audits,	18296
and other inquiries as in the judgment of the superintendent are	18297
appropriate to enforce this chapter. The investigators or	18298
auditors have the right to review and audit the business records	18299
of licensees and continuing education course providers during	18300
normal business hours.	18301

(5) Appoint a hearing examiner for any proceeding involving	18302
disciplinary action under section ~~2301.373~~3123.47 or 4735.18 of	18303
the Revised Code;	18304

(6) Administer the real estate recovery fund.

18305

18306

(1) In connection with investigations and audits under	18307
division (B) of this section, subpoena witnesses as provided in	18308
section 4735.04 of the Revised Code;	18309

(2) Apply to the appropriate court to enjoin any violation	18310
of this chapter. Upon a showing by the superintendent that any	18311
person has violated or is about to violate any provision of this	18312
chapter, the court shall grant an injunction, restraining order,	18313
or other appropriate order.	18314

(3) Upon the death of a licensed broker or the revocation or	18315
suspension of the broker's license, if there is no other licensed	18316
broker within the business entity of the broker, appoint upon	18317
application by any interested party, or, in the case of a deceased	18318
broker, subject to the approval by the appropriate probate court,	18319
recommend the appointment of, an ancillary trustee who is	18320
qualified as determined by the superintendent to conclude the	18321
business transactions of the deceased, revoked, or suspended	18322
broker.	18323

(D) All information that is obtained by investigators and	18324
auditors performing investigations or conducting inspections,	18325
audits, and other inquiries pursuant to division (B)(4) of this	18326
section, from licensees, complainants, or other persons, and all	18327
reports, documents, and other work products that arise from that	18328
information and that are prepared by the investigators, auditors,	18329
or other personnel of the department, shall be held in confidence	18330
by the superintendent, the investigators and auditors, and other	18331
personnel of the department.	18332

Sec. 4735.33. On receipt of a notice pursuant to section	18333
~~2301.373~~3123.43 of the Revised Code, the superintendent of real	18334
estate shall comply with ~~that section~~sections 3123.41 to 3123.50	18335
of the Revised Code and any applicable rules adopted under section	18336
3123.63 of the Revised Code with respect to a license issued	18337
pursuant to this chapter.	18338

Sec. 4736.17. On receipt of a notice pursuant to section	18339
~~2301.373~~3123.43 of the Revised Code, the state board of sanitarian	18340
registration shall comply with ~~that section~~sections 3123.41 to	18341
3123.50 of the Revised Code and any applicable rules adopted under	18342
section 3123.63 of the Revised Code with respect to a certificate	18343
issued pursuant to this chapter.	18344

Sec. 4738.072. On receipt of a notice pursuant to section	18345
~~2301.373~~3123.43 of the Revised Code, the motor vehicle salvage	18346
dealer's licensing board shall comply with ~~that section~~sections	18347
3123.41 to 3123.50 of the Revised Code and any applicable rules	18348
adopted under section 3123.63 of the Revised Code with respect to	18349
a license issued pursuant to this chapter.	18350

Sec. 4739.07. Upon application, the person to whom a license	18351
is issued under sections 4739.01 to 4739.10 of the Revised Code,	18352
shall be entitled to a renewal thereof annually, unless an	18353
examiner of steam engineers, for a cause named in section 4739.06	18354
of the Revised Code and upon notice and hearing, or pursuant to	18355
section ~~2301.373~~3123.47 of the Revised Code, refuses such renewal.	18356

Sec. 4739.16. On receipt of a notice pursuant to section	18357
~~2301.373~~3123.43 of the Revised Code, the division of examiners of	18358
steam engineers shall comply with ~~that section~~sections 3123.41 to	18359
3123.50 of the Revised Code and any applicable rules adopted under	18360
section 3123.63 of the Revised Code with respect to a license	18361
issued pursuant to this chapter.	18362

Sec. 4740.101. On receipt of a notice pursuant to section	18363
~~2301.373~~3123.43 of the Revised Code, the construction industry	18364
examining board shall comply with ~~that section~~sections 3123.41 to	18365
3123.50 of the Revised Code and any applicable rules adopted under	18366
section 3123.63 of the Revised Code with respect to a certificate	18367
issued pursuant to this chapter.	18368

Sec. 4741.02. There shall be a state veterinary medical	18369
licensing board consisting of seven members, who have been legal	18370
residents of this state for not less than five years, appointed by	18371
the governor with the advice and consent of the senate, as	18372
follows: five members who have been licensed to practice	18373
veterinary medicine in this state for not less than five	18374
consecutive years prior to their appointment; one member who is a	18375
registered veterinary technician registered pursuant to this	18376
chapter for not less than five consecutive years prior to	18377
appointment; and one member who is a representative of the public.	18378
Terms of office are for five years, commencing on the first day of	18379
January and ending on the thirty-first day of December, except	18380
that the initial terms of office of the registered veterinary	18381
technician and the public member commence on January 1, 1992, with	18382
the registered veterinary technician's initial term of office	18383
ending on December 31, 1994, and the public member's initial term	18384
of office ending on December 31, 1996. Each member shall hold	18385
office from the date of the member's appointment until the end of	18386
the term for which the member was appointed. Any member appointed	18387
to fill a vacancy occurring prior to the expiration of the term	18388
for which the predecessor was appointed shall hold office for the	18389
remainder of such term. Any member shall continue in office	18390
subsequent to the expiration date of the member's term until a	18391
successor takes office, or until a period of sixty days has	18392
elapsed, whichever occurs first. No person who has been appointed	18393
a member of the board shall be appointed to serve a second term	18394
unless a period of five years has elapsed since the termination of	18395
the member's first term, provided that members initially appointed	18396
for less than a five-year term and persons appointed to fill an	18397
unexpired term may be appointed for one full term of five years	18398
immediately following such terms.	18399

No member of the board shall be the owner of any interest in,	18400
or be employed by any wholesale or jobbing house dealing in	18401
supplies, equipment, or instruments used or useful in the practice	18402
of veterinary medicine. Neither the public member nor the	18403
registered veterinary technician member shall have any vested	18404
financial interest in the practice of veterinary medicine. For	18405
purposes of this section employment as a veterinary technician for	18406
a veterinarian does not constitute a vested financial interest in	18407
the practice of veterinary medicine.	18408

The governor may remove any member of the board for	18409
malfeasance, misfeasance, or nonfeasance after a hearing as	18410
provided in Chapter 119. of the Revised Code or if the license of	18411
a veterinary member is not renewed or has been revoked or	18412
suspended on any ground set forth in section ~~2301.373~~3123.47 or	18413
4741.22 of the Revised Code or if the registration of the	18414
registered veterinary technician member is revoked or suspended or	18415
is not renewed under section ~~2301.373~~3123.47 or 4741.19 of the	18416
Revised Code.	18417

Each member of the board shall receive an amount fixed	18418
pursuant to division (J) of section 124.15 of the Revised Code for	18419
each day, or portion thereof, the member is actually engaged in	18420
the discharge of official duties, in addition to the member's	18421
necessary expenses.	18422

Sec. 4741.32. On receipt of a notice pursuant to section	18423
~~2301.373~~3123.43 of the Revised Code, the veterinary medical	18424
licensing board shall comply with ~~that section~~sections 3123.41 to	18425
3123.50 of the Revised Code and any applicable rules adopted under	18426
section 3123.63 of the Revised Code with respect to a license	18427
issued pursuant to this chapter.	18428

Sec. 4747.16. On receipt of a notice pursuant to section	18429
~~2301.373~~3123.43 of the Revised Code, the hearing aid dealers and	18430
fitters licensing board shall comply with ~~that section~~sections	18431
3123.41 to 3123.50 of the Revised Code and any applicable rules	18432
adopted under section 3123.63 of the Revised Code with respect to	18433
a license issued pursuant to this chapter.	18434

Sec. 4749.14. On receipt of a notice pursuant to section	18435
~~2301.373~~3123.43 of the Revised Code, the director of commerce	18436
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	18437
Revised Code and any applicable rules adopted under section	18438
3123.63 of the Revised Code with respect to a license issued	18439
pursuant to this chapter.	18440

Sec. 4751.12. On receipt of a notice pursuant to section	18441
~~2301.373~~3123.43 of the Revised Code, the board of examiners of	18442
nursing home administrators shall comply with ~~that section~~	18443
sections 3123.41 to 3123.50 of the Revised Code and any applicable	18444
rules adopted under section 3123.63 of the Revised Code with	18445
respect to a license issued pursuant to this chapter.	18446

Sec. 4753.071. The board of speech-language pathology and	18447
audiology shall issue a conditional license to an applicant who,	18448
except for the supervised professional experience:	18449

(A) Meets the academic, practicum, and examination	18450
requirements of divisions (B), (C), and (E) of section 4753.06 of	18451
the Revised Code;	18452

(B) Submits an application to the board, including a plan	18453
for the content of the supervised professional experience on a	18454
form prescribed by the board and pays to the board the appropriate	18455
fee for a conditional license. An applicant may not begin	18456
employment until the conditional license has been approved.	18457

A conditional license authorizes an individual to practice	18458
speech-language pathology or audiology while completing the	18459
supervised professional experience as required by division (D) of	18460
section 4753.06 of the Revised Code. A person holding a	18461
conditional license may practice speech-language pathology or	18462
audiology while working under the supervision of a person fully	18463
licensed in accordance with this chapter. A conditional license	18464
is valid for eighteen months unless suspended or revoked pursuant	18465
to section ~~2301.373~~3123.47 or 4753.10 of the Revised Code.	18466

A person holding a conditional license may perform services	18467
for which reimbursement will be sought under the medicare program	18468
established under Title XVIII of the "Social Security Act," 49	18469
Stat. 620 (1935), 42 U.S.C. 301, as amended, or the medical	18470
assistance program established under Chapter 5111. of the Revised	18471
Code and Title XIX of the "Social Security Act" but all requests	18472
for reimbursement for such services shall be made by the person	18473
who supervises the person performing the services.	18474

Sec. 4753.15. On receipt of a notice pursuant to section	18475
~~2301.373~~3123.43 of the Revised Code, the board of speech-language	18476
pathology and audiology shall comply with ~~that section~~sections	18477
3123.41 to 3123.50 of the Revised Code and any applicable rules	18478
adopted under section 3123.63 of the Revised Code with respect to	18479
a license issued pursuant to this chapter.	18480

Sec. 4755.04. The appropriate section of the Ohio	18481
occupational therapy, physical therapy, and athletic trainers	18482
board shall investigate complaints concerning the violation of	18483
section 4755.02, 4755.48, or 4755.62 of the Revised Code, and	18484
concerning alleged grounds for the suspension, revocation, or	18485
refusal to issue or renew licenses under section ~~2301.373~~3123.47,	18486
4755.10, 4755.47, or 4755.64 of the Revised Code, and may subpoena	18487
witnesses in connection with its investigations. The appropriate	18488
section may apply to an appropriate court for an order enjoining	18489
the violation of section 4755.02, 4755.48, or 4755.62 of the	18490
Revised Code, and upon the showing by the section that any person	18491
has violated or is about to violate section 4755.02, or 4755.48,	18492
or 4755.62 of the Revised Code, the court shall grant an	18493
injunction, restraining order, or such other order as is	18494
appropriate. The appropriate section may employ investigators who	18495
shall, under the direction of the secretary of the section, make	18496
investigations of complaints and such inspections and other	18497
inquiries as in the judgment of the section are appropriate to	18498
enforce sections 3123.41 to 3123.50 or section ~~2301.373,~~ 4755.02,	18499
4755.10, 4755.47, 4755.48, 4755.62, or 4755.64 of the Revised	18500
Code. These investigators have the right to review and audit the	18501
records of licensees at the place of business of the licensees or	18502
any other place where such records may be and shall be given	18503
access to such records during normal business hours. Information	18504
obtained by investigators concerning a licensee shall be held in	18505
confidence by the appropriate section and its employees, except	18506
pursuant to an order of a court.	18507

The appropriate section shall conduct such hearings, keep	18508
records and minutes, and do all such other things necessary and	18509
proper to carry out and enforce the relevant sections of this	18510
chapter.	18511

Each section of the board shall publish and make available,	18512
upon request and for a fee not to exceed the actual cost of	18513
printing and mailing, the licensure standards prescribed by the	18514
relevant sections of this chapter and its rules.	18515

The board shall submit to the governor and to the general	18516
assembly each year a report of all its official actions during the	18517
preceding year, together with any recommendations and findings	18518
with regard to the improvement of the profession of physical	18519
therapy and the profession of occupational therapy.	18520

Sec. 4755.09. Each license issued under section 4755.07 of	18521
the Revised Code is valid without further recommendation or	18522
examination until revoked or suspended or until the license	18523
expires for failure to file an application for certificate of	18524
renewal as provided for in this section.	18525

Licenses shall be renewed biennially. Those licensees whose	18526
last name begins with any letter of the alphabet from the letter	18527
"A" through the letter "L" shall file, together with the fee for	18528
renewal as provided in section 4755.11 of the Revised Code, by the	18529
last day of June of each even-numbered calendar year, an	18530
application for a certificate of renewal on a form prescribed by	18531
the occupational therapy section of the Ohio occupational therapy,	18532
physical therapy, and athletic trainers board. Those licensees	18533
whose last name begins with any letter of the alphabet from the	18534
letter "M" through the letter "Z" shall file the application and	18535
fee for the certificate of renewal by the last day of June of each	18536
odd-numbered calendar year. The certificate of renewal shall be	18537
mailed by the section to the licensee prior to the first day of	18538
August of the appropriate year. In all other respects the renewal	18539
process is as provided in section 4745.02 of the Revised Code.	18540

The license of any licensee who fails to file an application	18541
for a certificate of renewal by the last day of June of the	18542
appropriate year expires, unless the section, for good cause	18543
shown, determines that the application for renewal could not have	18544
been filed by such day. The section shall adopt rules in	18545
accordance with Chapter 119. of the Revised Code prescribing the	18546
late fees and the conditions under which the license of a licensee	18547
who files a late application for renewal will be reinstated.	18548

Except as provided in ~~section 2301.373~~sections 3123.41 to	18549
3123.50 of the Revised Code and any applicable rules adopted under	18550
section3123.63 of the Revised Code, the section may renew a	18551
license while the license is suspended, but the renewal shall not	18552
affect the suspension. The section shall not renew a license that	18553
has been revoked. If a revoked license is reinstated under	18554
section 4755.10 of the Revised Code after it has expired, the	18555
licensee, as a condition of reinstatement, shall pay a	18556
reinstatement fee equal to the renewal fee in effect on the last	18557
preceding regular renewal date before the reinstatement date, plus	18558
any delinquent fees accrued from the time of the revocation, if	18559
such fees are prescribed by the section by rule.	18560

Sec. 4755.61. (A) The athletic trainers section of the Ohio	18561
occupational therapy, physical therapy, and athletic trainers	18562
board shall:	18563

(1) Adopt rules, not inconsistent with this chapter, for the	18564
licensure of athletic trainers, including rules that specify the	18565
educational course work requirements for licensure;	18566

(2) Establish fees in accordance with division (B) of this	18567
section and section 4755.13 of the Revised Code fixing license and	18568
examination fees;	18569

(3) Conduct hearings, keep records of its proceedings, and	18570
do all things necessary and proper to administer and enforce	18571
sections 4755.61 to 4755.65 of the Revised Code;	18572

(4) Publish and make available, upon request and for a fee	18573
not to exceed the actual cost of printing and mailing, the	18574
requirements for the issuance of an athletic trainers license	18575
under this chapter and the rules adopted thereunder;	18576

(5) Maintain a register of every person licensed to practice	18577
athletic training in this state, including the addresses of the	18578
licensee's last known place of business and residence, and the	18579
effective date and identification number of the person's license.	18580
The board shall make this list available to any person upon	18581
request and payment of a fee not to exceed the actual cost of	18582
printing and mailing.	18583

(6) Publish and make available, upon request and for a fee	18584
not to exceed the actual cost of printing and mailing, a list of	18585
persons who passed the examination required under section 4755.62	18586
of the Revised Code;	18587

(7) Investigate complaints concerning alleged violations of	18588
section 4755.62 of the Revised Code or other grounds for the	18589
suspension, revocation, or refusal to issue a license under	18590
section ~~2301.373~~3123.47 or 4755.64 of the Revised Code. In	18591
connection with its investigations, the athletic trainers section	18592
may subpoena witnesses, issue subpoenas, examine witnesses,	18593
administer oaths, and, under the direction of the executive	18594
secretary of the board, investigate complaints and make	18595
inspections and other inquiries as in the judgment of the section	18596
are appropriate to enforce sections ~~2301.373~~3123.41to3123.50,	18597
4755.62, and 4755.64 of the Revised Code. The section may review	18598
and audit the records of any licensee during normal business hours	18599
at the licensee's place of business or at any other place where	18600
the licensee's records are kept. Notwithstanding section 149.43	18601
of the Revised Code, the athletic trainers section and its	18602
employees, except pursuant to a court order, shall maintain in	18603
confidence all information obtained.	18604

(8) Adopt rules governing the nature and scope of the	18605
examination required under section 4755.62 of the Revised Code and	18606
the reexamination required under section 4755.63 of the Revised	18607
Code and the minimum examination score for licensure or renewal	18608
thereof. The rules for the examination required under section	18609
4755.62 of the Revised Code shall ensure the testing of the	18610
applicant's knowledge of the basic and clinical sciences relating	18611
to athletic training theory and practice, including professional	18612
skills and judgment in the utilization of athletic training	18613
techniques and such other subjects as the athletic trainers	18614
section of the board considers useful in determining competency to	18615
practice athletic training.	18616

(9) Conduct the examination required under section 4755.62	18617
of the Revised Code at least twice a year at a time and place and	18618
under such supervision as the athletic trainers section of the	18619
board determines;	18620

(10) Adopt rules to determine which states' standards for	18621
licensure are equal to or greater than this state's for the	18622
purpose of waiving requirements under division (D) of section	18623
4755.62 of the Revised Code;	18624

(11) Adopt rules to determine which examinations meet the	18625
requirements of division (E) of section 4755.62 of the Revised	18626
Code;	18627

(12) Adopt rules establishing the standards of ethical	18628
conduct for licensed athletic trainers under this chapter;	18629

(13) Adopt rules to determine the scope and nature of the	18630
continuing education courses that comply with the requirement for	18631
renewal of a license under section 4755.63 of the Revised Code.	18632

(B) The fees adopted by the athletic trainers section of the	18633
board pursuant to division (A)(2) of this section shall be	18634
established and adjusted as required to provide sufficient	18635
revenues to meet the expenses of the section in administering	18636
sections 4755.61 to 4755.66 of the Revised Code. The fees shall	18637
include:	18638

(1) A nonrefundable examination fee, not to exceed the	18639
amount necessary to cover the expense of administering the	18640
examination;	18641

(2) An initial license fee;

18642

(3) A biennial license renewal fee;

18643

(4) A late renewal penalty, not to exceed fifty per cent of	18644
the renewal fee.	18645

The athletic trainers section of the board may, by rule,	18646
provide for the waiver of all or part of a license fee if the	18647
license is issued less than one hundred days before its expiration	18648
date.	18649

(C) All rules under sections 4755.61 to 4755.65 of the	18650
Revised Code shall be adopted by the athletic trainers section of	18651
the board in accordance with Chapter 119. of the Revised Code.	18652

Sec. 4755.66. On receipt of a notice pursuant to section	18653
~~2301.373~~3123.43 of the Revised Code, the Ohio occupational	18654
therapy, physical therapy, and athletic trainer's board shall	18655
comply with ~~that section~~sections 3123.41 to 3123.50 of the	18656
Revised Code and any applicable rules adopted under section	18657
3123.63 of the Revised Code with respect to a license issued	18658
pursuant to this chapter.	18659

Sec. 4757.19. On receipt of a notice pursuant to section	18660
~~2301.373~~3123.43 of the Revised Code, the counselor and social	18661
worker board shall comply with ~~that section~~sections 3123.41 to	18662
3123.50 of the Revised Code and any applicable rules adopted under	18663
section 3123.63 of the Revised Code with respect to a license	18664
issued pursuant to this chapter.	18665

Sec. 4759.11. On receipt of a notice pursuant to section	18666
~~2301.373~~3123.43 of the Revised Code, the board of dietetics shall	18667
comply with ~~that section~~sections 3123.41 to 3123.50 of the	18668
Revised Code and any applicable rules adopted under section	18669
3123.63 of the Revised Code with respect to a license issued	18670
pursuant to this chapter.	18671

Sec. 4761.03. The Ohio respiratory care board shall regulate	18672
the practice of respiratory care in this state and the persons to	18673
whom the board issues licenses and limited permits under this	18674
chapter. Rules adopted under this chapter that deal with the	18675
provision of respiratory care in a hospital, other than rules	18676
regulating the issuance of licenses or limited permits, shall be	18677
consistent with the conditions for participation under medicare,	18678
Title XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42	18679
U.S.C.A. 1395, as amended, and with the respiratory care	18680
accreditation standards of the joint commission on accreditation	18681
of healthcare organizations or the American osteopathic	18682
association.	18683

The board shall:

18684

(A) Adopt, and may rescind or amend, rules in accordance	18685
with Chapter 119. of the Revised Code to carry out the purposes of	18686
this chapter, including rules prescribing:	18687

(1) The form and manner for filing applications for	18688
licensure and renewal, limited permits, and limited permit	18689
extensions under sections 4761.05 and 4761.06 of the Revised Code;	18690

(2) The form, scoring, and scheduling of examinations and	18691
reexaminations for licensure and license renewal;	18692

(3) Standards for the approval of educational programs	18693
required to qualify for licensure and continuing education	18694
programs required for license renewal;	18695

(4) Continuing education courses and the number of hour	18696
requirements necessary for license renewal, in accordance with	18697
section 4761.06 of the Revised Code;	18698

(5) Procedures for the issuance and renewal of licenses and	18699
limited permits;	18700

(6) Procedures for the denial, suspension, permanent	18701
revocation, refusal to renew, and reinstatement of licenses and	18702
limited permits, the conduct of hearings, and the imposition of	18703
fines for engaging in conduct that is grounds for such action and	18704
hearings under section 4761.09 of the Revised Code;	18705

(7) Standards of ethical conduct for the practice of	18706
respiratory care;	18707

(8) Conditions under which the license renewal fee and	18708
continuing education requirements may be waived at the request of	18709
a licensee who is not in active practice;	18710

(9) The respiratory care tasks that may be performed by an	18711
individual practicing as a polysomnographic technologist pursuant	18712
to division (B)(3) of section 4761.10 of the Revised Code;	18713

(10) Procedures for registering out-of-state respiratory	18714
care providers authorized to practice in this state under division	18715
(A)(4) of section 4761.11 of the Revised Code.	18716

(B) Determine the sufficiency of an applicant's	18717
qualifications for admission to the licensing examination or a	18718
reexamination, and for the issuance or renewal of a license or	18719
limited permit;	18720

(C) Determine the respiratory care educational programs that	18721
are acceptable for fulfilling the requirements of division (A) of	18722
section 4761.04 of the Revised Code;	18723

(D) Schedule, administer, and score the licensing	18724
examination or any reexamination for license renewal or	18725
reinstatement. The board shall administer the licensing	18726
examinations at least twice a year and notify applicants of the	18727
time and place of the examinations.	18728

(E) Investigate complaints concerning alleged violations of	18729
section 4761.10 of the Revised Code or grounds for the suspension,	18730
permanent revocation, or refusal to issue licenses or limited	18731
permits under section ~~2301.373~~3123.47 or 4761.09 of the Revised	18732
Code. The board shall employ investigators who shall, under the	18733
direction of the executive director of the board, investigate	18734
complaints and make inspections and other inquiries as, in the	18735
judgment of the board, are appropriate to enforce sections	18736
~~2301.373~~3123.41to3123.50, 4761.09, and 4761.10 of the Revised	18737
Code. Pursuant to an investigation and inspection, the	18738
investigators may review and audit records during normal business	18739
hours at the place of business of a licensee or person who is the	18740
subject of a complaint filed with the board or at any place where	18741
the records are kept.	18742

Except when required by court order, the board and its	18743
employees shall not disclose confidential information obtained	18744
during an investigation or identifying information about any	18745
person who files a complaint with the board.	18746

The board may hear testimony in matters relating to the	18747
duties imposed upon it and issue subpoenas pursuant to an	18748
investigation. The president and secretary of the board may	18749
administer oaths.	18750

(F) Conduct hearings, keep records of its proceedings, and	18751
do all such other things as are necessary and proper to carry out	18752
and enforce the provisions of this chapter;	18753

(G) Maintain, publish, and make available upon request, for	18754
a fee not to exceed the actual cost of printing and mailing:	18755

(1) The requirements for the issuance of licenses and	18756
limited permits under this chapter and rules adopted by the board;	18757

(2) A current register of every person licensed to practice	18758
respiratory care in this state, to include the addresses of the	18759
person's last known place of business and residence, the effective	18760
date and identification number of the license, the name and	18761
location of the institution that granted the person's degree or	18762
certificate of completion of respiratory care educational	18763
requirements, and the date the degree or certificate was issued;	18764

(3) A list of the names and locations of the institutions	18765
that each year granted degrees or certificates of completion in	18766
respiratory care;	18767

(4) After the administration of each examination, a list of	18768
persons who passed the examination.	18769

(H) Submit to the governor and to the general assembly each	18770
year a report of all of its official actions during the preceding	18771
year, together with any findings and recommendations with regard	18772
to the improvement of the profession of respiratory care.	18773

Sec. 4761.12. On receipt of a notice pursuant to section	18774
~~2301.373~~3123.43 of the Revised Code, the respiratory care board	18775
shall comply with ~~that section~~sections 3123.41 to 3123.50 of the	18776
Revised Code and any applicable rules adopted under section	18777
3123.63 of the Revised Code with respect to a license or permit	18778
issued pursuant to this chapter.	18779

Sec. 4763.03. (A) In addition to any other duties imposed	18780
on the real estate appraiser board under this chapter, the board	18781
shall:	18782

(1) Adopt rules, in accordance with Chapter 119. of the	18783
Revised Code, in furtherance of this chapter, including, but not	18784
limited to, all of the following:	18785

(a) Defining, with respect to state-certified general real	18786
estate appraisers, state-certified residential real estate	18787
appraisers, and state-licensed residential real estate appraisers,	18788
the type of educational experience, appraisal experience, and	18789
other equivalent experience that satisfy the requirements of this	18790
chapter. The rules shall require that all appraisal experience	18791
performed after January 1, 1996, meet the uniform standards of	18792
professional practice established by the appraisal foundation.	18793

(b) Establishing the examination specifications for	18794
state-certified general real estate appraisers, state-certified	18795
residential real estate appraisers, and state-licensed residential	18796
real estate appraisers;	18797

(c) Relating to disciplinary proceedings conducted in	18798
accordance with section 4763.11 of the Revised Code, including	18799
rules governing the reinstatement of certificates, registrations,	18800
and licenses that have been suspended pursuant to those	18801
proceedings;	18802

(d) Identifying any additional information to be included on	18803
the forms specified in division (C) of section 4763.12 of the	18804
Revised Code, provided that the rules shall not require any less	18805
information than is required in that division;	18806

(e) Establishing the fees set forth in section 4763.09 of	18807
the Revised Code;	18808

(f) Establishing the amount of the assessment required by	18809
division (A)(2) of section 4763.05 of the Revised Code. The board	18810
annually shall determine the amount due from each applicant for an	18811
initial certificate, registration, and license in an amount that	18812
will maintain the real estate appraiser recovery fund at the level	18813
specified in division (A) of section 4763.16 of the Revised Code.	18814
The board may, if the fund falls below that amount, require	18815
current certificate holders, registrants, and licensees to pay an	18816
additional assessment.	18817

(g) Defining, with respect to state-registered real estate	18818
appraiser assistants, the educational and experience requirements	18819
of division (C)(1)(d) of section 4763.05 of the Revised Code;	18820

(h) Establishing a real estate appraiser assistant program	18821
for the registration of real estate appraiser assistants.	18822

(2) Provide or procure appropriate examination questions and	18823
answers for the examinations required by division (D) of section	18824
4763.05 of the Revised Code, and establish the criteria for	18825
successful completion of those examinations;	18826

(3) Periodically review the standards for preparation and	18827
reporting of real estate appraisals provided in this chapter and	18828
adopt rules explaining and interpreting those standards;	18829

(4) Hear appeals, pursuant to Chapter 119. of the Revised	18830
Code, from decisions and orders the superintendent of real estate	18831
issues pursuant to this chapter;	18832

(5) Request the initiation by the superintendent of	18833
investigations of violations of this chapter or the rules adopted	18834
pursuant thereto, as the board determines appropriate;	18835

(6) Determine the appropriate disciplinary actions to be	18836
taken against certificate holders, registrants, and licensees	18837
under this chapter as provided in section 4763.11 of the Revised	18838
Code.	18839

(B) In addition to any other duties imposed on the	18840
superintendent of real estate under this chapter, the	18841
superintendent shall:	18842

(1) Prescribe the form and content of all applications	18843
required by this chapter;	18844

(2) Receive applications for certifications, registrations,	18845
and licenses and renewal thereof under this chapter and establish	18846
the procedures for processing, approving, and disapproving those	18847
applications;	18848

(3) Retain records and all application materials submitted	18849
to ~~him~~the superintendent;	18850

(4) Establish the time and place for conducting the	18851
examinations required by division (D) of section 4763.05 of the	18852
Revised Code;	18853

(5) Issue certificates, registrations, and licenses and	18854
maintain a register of the names and addresses of all persons	18855
issued a certificate, registration, or license under this chapter;	18856

(6) Perform any other functions and duties, including the	18857
employment of staff, necessary to administer this chapter;	18858

(7) Administer this chapter;

18859

(8) Issue all orders necessary to implement this chapter;

18860

(9) Investigate complaints, upon the superintendent's own	18861
motion or upon receipt of a complaint or upon a request of the	18862
board, concerning any violation of this chapter or the rules	18863
adopted pursuant thereto or the conduct of any person holding a	18864
certificate, registration, or license issued pursuant to this	18865
chapter;	18866

(10) Establish and maintain an investigation and audit	18867
section to investigate complaints and conduct inspections, audits,	18868
and other inquiries as in the judgment of the superintendent are	18869
appropriate to enforce this chapter. The investigators and	18870
auditors have the right to review and audit the business records	18871
of certificate holders, registrants, and licensees during normal	18872
business hours. The superintendent may utilize the investigators	18873
and auditors employed pursuant to division (B)(4) of section	18874
4735.05 of the Revised Code or currently licensed certificate	18875
holders or licensees to assist in performing the duties of this	18876
division.	18877

(11) Appoint a referee or examiner for any proceeding	18878
involving the revocation or suspension of a certificate,	18879
registration, or license under section ~~2301.373~~3123.47 or 4763.11	18880
of the Revised Code;	18881

(12) Administer the real estate appraiser recovery fund;

18882

(13) Conduct the examinations required by division (D) of	18883
section 4763.05 of the Revised Code at least four times per year.	18884

18885

(1) In connection with investigations and audits under	18886
division (B) of this section, subpoena witnesses as provided in	18887
section 4763.04 of the Revised Code;	18888

(2) Apply to the appropriate court to enjoin any violation	18889
of this chapter. Upon a showing by the superintendent that any	18890
person has violated or is about to violate this chapter, the court	18891
shall grant an injunction, restraining order, or other appropriate	18892
relief, or any combination thereof.	18893

(D) All information that is obtained by investigators and	18894
auditors performing investigations or conducting inspections,	18895
audits, and other inquiries pursuant to division (B)(10) of this	18896
section, from certificate holders, registrants, licensees,	18897
complainants, or other persons, and all reports, documents, and	18898
other work products that arise from that information and that are	18899
prepared by the investigators, auditors, or other personnel of the	18900
department of commerce, shall be held in confidence by the	18901
superintendent, the investigators and auditors, and other	18902
personnel of the department.	18903

Sec. 4763.18. On receipt of a notice pursuant to section	18904
~~2301.373~~3123.43 of the Revised Code, the real estate appraiser	18905
board shall comply with ~~that section~~sections 3123.41 to 3123.50	18906
of the Revised Code and any applicable rules adopted under section	18907
3123.63 of the Revised Code with respect to a license or	18908
certificate issued pursuant to this chapter.	18909

Sec. 4765.56. On receipt of a notice pursuant to section	18910
~~2301.373~~3123.43 of the Revised Code, the state board of emergency	18911
medical services shall comply with ~~that section~~sections 3123.41	18912
to 3123.50 of the Revised Code and any applicable rules adopted	18913
under section 3123.63 of the Revised Code with respect to a	18914
certificate to practice issued pursuant to this chapter.	18915

Sec. 5101.36. Any application for public assistance gives a	18916
right of subrogation to the department of job and family services	18917
for any workers' compensation benefits payable to a person who is	18918
subject to a support order, as defined in section ~~2301.34~~3119.01	18919
of the Revised Code ~~or to an administrative support order, as~~	18920
~~defined in section 3111.20 of the Revised Code~~, on behalf of the	18921
applicant, to the extent of any public assistance payments made on	18922
the applicant's behalf. If the director of job and family	18923
services, in consultation with a child support enforcement agency	18924
and the administrator of the bureau of workers' compensation,	18925
determines that a person responsible for support payments to a	18926
recipient of public assistance is receiving workers' compensation,	18927
the director shall notify the administrator of the amount of the	18928
benefit to be paid to the department of job and family services.	18929

For purposes of this section, "public assistance" means	18930
medical assistance provided through the medical assistance program	18931
established under section 5111.01 of the Revised Code, Ohio works	18932
first provided under Chapter 5107. of the Revised Code,	18933
prevention, retention, and contingency assistance provided under	18934
Chapter 5108. of the Revised Code, or disability assistance	18935
provided under Chapter 5115. of the Revised Code.	18936

Sec. 5101.37. (A) The department of job and family services	18937
and each county department of job and family services and child	18938
support enforcement agency may make any investigations that are	18939
necessary in the performance of their duties, and to that end they	18940
shall have the same power as a judge of a county court to	18941
administer oaths and to enforce the attendance and testimony of	18942
witnesses and the production of books or papers.	18943

The department and each county department and agency shall	18944
keep a record of their investigations stating the time, place,	18945
charges or subject, witnesses summoned and examined, and their	18946
conclusions.	18947

The fees of witnesses for attendance and travel shall be the	18948
same as in the court of common pleas.	18949

(B) In conducting hearings pursuant to ~~sections 3113.21 to~~	18950
~~3113.216~~Chapters 3119., 3121., and3123. or pursuant to division	18951
(B) of section 5101.35 of the Revised Code, the department and	18952
each child support enforcement agency have the same power as a	18953
judge of a county court to administer oaths and to enforce the	18954
attendance and testimony of witnesses and the production of books	18955
or papers. The department and each agency shall keep a record of	18956
those hearings stating the time, place, charges or subject,	18957
witnesses summoned and examined, and their conclusions.	18958

The issuance of a subpoena by the department or a child	18959
support enforcement agency to enforce attendance and testimony of	18960
witnesses and the production of books or papers at a hearing is	18961
discretionary and the department or agency is not required to pay	18962
the fees of witnesses for attendance and travel.	18963

(C) Any judge of any division of the court of common pleas,	18964
upon application of the department or a county department or child	18965
support enforcement agency, may compel the attendance of	18966
witnesses, the production of books or papers, and the giving of	18967
testimony before the department, county department, or agency, by	18968
a judgment for contempt or otherwise, in the same manner as in	18969
cases before those courts.	18970

Sec. 5101.99. (A) Whoever violates division (A) or (B) of	18971
section 5101.61 of the Revised Code shall be fined not more than	18972
five hundred dollars.	18973

(B) ~~Whoever violates division (F) of section 5101.31 or~~	18974
~~division (D) of section 5101.315 of the Revised Code shall be~~	18975
~~fined not more than five hundred dollars, or imprisoned not more~~	18976
~~than six months, or both.~~	18977

~~(C)~~ Whoever violates division (A) of section 5101.27 of the	18978
Revised Code is guilty of a misdemeanor of the first degree.	18979

Sec. 5104.011. (A) The director of job and family services	18980
shall adopt rules pursuant to Chapter 119. of the Revised Code	18981
governing the operation of child day-care centers, including, but	18982
not limited to, parent cooperative centers, part-time centers,	18983
drop-in centers, and school child centers, which rules shall	18984
reflect the various forms of child day-care and the needs of	18985
children receiving child day-care or publicly funded child	18986
day-care and, no later than January 1, 1992, shall include	18987
specific rules for school child day-care centers that are	18988
developed in consultation with the department of education. The	18989
rules shall not require an existing school facility that is in	18990
compliance with applicable building codes to undergo an additional	18991
building code inspection or to have structural modifications. The	18992
rules shall include the following:	18993

(1) Submission of a site plan and descriptive plan of	18994
operation to demonstrate how the center proposes to meet the	18995
requirements of this chapter and rules adopted pursuant to this	18996
chapter for the initial license application;	18997

(2) Standards for ensuring that the physical surroundings of	18998
the center are safe and sanitary including, but not limited to,	18999
the physical environment, the physical plant, and the equipment of	19000
the center;	19001

(3) Standards for the supervision, care, and discipline of	19002
children receiving child day-care or publicly funded child	19003
day-care in the center;	19004

(4) Standards for a program of activities, and for play	19005
equipment, materials, and supplies, to enhance the development of	19006
each child; however, any educational curricula, philosophies, and	19007
methodologies that are developmentally appropriate and that	19008
enhance the social, emotional, intellectual, and physical	19009
development of each child shall be permissible. As used in this	19010
division, "program" does not include instruction in religious or	19011
moral doctrines, beliefs, or values that is conducted at child	19012
day-care centers owned and operated by churches and does include	19013
methods of disciplining children at child day-care centers.	19014

(5) Admissions policies and procedures, health care policies	19015
and procedures, including, but not limited to, procedures for the	19016
isolation of children with communicable diseases, first aid and	19017
emergency procedures, procedures for discipline and supervision of	19018
children, standards for the provision of nutritious meals and	19019
snacks, and procedures for screening children and employees,	19020
including, but not limited to, any necessary physical examinations	19021
and immunizations;	19022

(6) Methods for encouraging parental participation in the	19023
center and methods for ensuring that the rights of children,	19024
parents, and employees are protected and that responsibilities of	19025
parents and employees are met;	19026

(7) Procedures for ensuring the safety and adequate	19027
supervision of children traveling off the premises of the center	19028
while under the care of a center employee;	19029

(8) Procedures for record keeping, organization, and	19030
administration;	19031

(9) Procedures for issuing, renewing, denying, and revoking	19032
a license that are not otherwise provided for in Chapter 119. of	19033
the Revised Code;	19034

(10) Inspection procedures;

19035

(11) Procedures and standards for setting initial and	19036
renewal license application fees;	19037

(12) Procedures for receiving, recording, and responding to	19038
complaints about centers;	19039

(13) Procedures for enforcing section 5104.04 of the Revised	19040
Code;	19041

(14) A standard requiring the inclusion, on and after July	19042
1, 1987, of a current department of job and family services	19043
toll-free telephone number on each center provisional license or	19044
license which any person may use to report a suspected violation	19045
by the center of this chapter or rules adopted pursuant to this	19046
chapter;	19047

(15) Requirements for the training of administrators and	19048
child-care staff members in first aid, in prevention, recognition,	19049
and management of communicable diseases, and in child abuse	19050
recognition and prevention. Training requirements for child	19051
day-care centers adopted under this division shall be consistent	19052
with divisions (B)(6) and (C)(1) of this section.	19053

(16) Procedures to be used by licensees for checking the	19054
references of potential employees of centers and procedures to be	19055
used by the director for checking the references of applicants for	19056
licenses to operate centers;	19057

(17) Standards providing for the special needs of children	19058
who are handicapped or who require treatment for health conditions	19059
while the child is receiving child day-care or publicly funded	19060
child day-care in the center;	19061

(18) Any other procedures and standards necessary to carry	19062
out this chapter.	19063

(B)(1) The child day-care center shall have, for each child	19064
for whom the center is licensed, at least thirty-five square feet	19065
of usable indoor floor space wall-to-wall regularly available for	19066
the child day-care operation exclusive of any parts of the	19067
structure in which the care of children is prohibited by law or by	19068
rules adopted by the board of building standards. The minimum of	19069
thirty-five square feet of usable indoor floor space shall not	19070
include hallways, kitchens, storage areas, or any other areas that	19071
are not available for the care of children, as determined by the	19072
director, in meeting the space requirement of this division, and	19073
bathrooms shall be counted in determining square footage only if	19074
they are used exclusively by children enrolled in the center,	19075
except that the exclusion of hallways, kitchens, storage areas,	19076
bathrooms not used exclusively by children enrolled in the center,	19077
and any other areas not available for the care of children from	19078
the minimum of thirty-five square feet of usable indoor floor	19079
space shall not apply to:	19080

(a) Centers licensed prior to or on September 1, 1986, that	19081
continue under licensure after that date;	19082

(b) Centers licensed prior to or on September 1, 1986, that	19083
are issued a new license after that date solely due to a change of	19084
ownership of the center.	19085

(2) The child day-care center shall have on the site a safe	19086
outdoor play space which is enclosed by a fence or otherwise	19087
protected from traffic or other hazards. The play space shall	19088
contain not less than sixty square feet per child using such space	19089
at any one time, and shall provide an opportunity for supervised	19090
outdoor play each day in suitable weather. The director may	19091
exempt a center from the requirement of this division, if an	19092
outdoor play space is not available and if all of the following	19093
are met:	19094

(a) The center provides an indoor recreation area that has	19095
not less than sixty square feet per child using the space at any	19096
one time, that has a minimum of one thousand four hundred forty	19097
square feet of space, and that is separate from the indoor space	19098
required under division (B)(1) of this section.	19099

(b) The director has determined that there is regularly	19100
available and scheduled for use a conveniently accessible and safe	19101
park, playground, or similar outdoor play area for play or	19102
recreation.	19103

(c) The children are closely supervised during play and	19104
while traveling to and from the area.	19105

The director also shall exempt from the requirement of this	19106
division a child day-care center that was licensed prior to	19107
September 1, 1986, if the center received approval from the	19108
director prior to September 1, 1986, to use a park, playground, or	19109
similar area, not connected with the center, for play or	19110
recreation in lieu of the outdoor space requirements of this	19111
section and if the children are closely supervised both during	19112
play and while traveling to and from the area and except if the	19113
director determines upon investigation and inspection pursuant to	19114
section 5104.04 of the Revised Code and rules adopted pursuant to	19115
that section that the park, playground, or similar area, as well	19116
as access to and from the area, is unsafe for the children.	19117

(3) The child day-care center shall have at least two	19118
responsible adults available on the premises at all times when	19119
seven or more children are in the center. The center shall	19120
organize the children in the center in small groups, shall provide	19121
child-care staff to give continuity of care and supervision to the	19122
children on a day-by-day basis, and shall ensure that no child is	19123
left alone or unsupervised. Except as otherwise provided in	19124
division (E) of this section, the maximum number of children per	19125
child-care staff member and maximum group size, by age category of	19126
children, are as follows:	19127

	Maximum Number of		19128
	Children Per	Maximum	19129
Age Category	Child-Care	Group	19130
of Children	Staff Member	Size	19131
(a) Infants:			19132
(i) Less than twelve			19133
~~month~~ months old	5:1, or		19134
	12:2 if two		19135
	child-care		19136
	staff members		19137
	are in the room	12	19138
(ii) At least twelve			19139
~~month~~ months old, but			19140
less than eighteen			19141
months old	6:1	12	19142
(b) Toddlers:			19143
(i) At least eighteen			19144
months old, but			19145
less than thirty			19146
months old	7:1	14	19147
(ii) At least thirty months			19148
old, but less than			19149
three years old	8:1	16	19150
(c) Preschool			19151
children:			19152
(i) Three years old	12:1	24	19153
(ii) Four years old and			19154
five years old who			19155
are not school			19156
children	14:1	28	19157
(d) School children:			19158
(i) A child who is			19159
enrolled in or is			19160
eligible to be			19161
enrolled in a grade			19162
of kindergarten			19163
or above, but			19164
is less than			19165
eleven years old	18:1	36	19166
(ii) Eleven through fourteen			19167
years old	20:1	40	19168

Except as otherwise provided in division (E) of this section,	19169
the maximum number of children per child-care staff member and	19170
maximum group size requirements of the younger age group shall	19171
apply when age groups are combined.	19172

(4)(a) The child day-care center administrator shall show	19173
the director both of the following:	19174

(i) Evidence of at least high school graduation or	19175
certification of high school equivalency by the state board of	19176
education or the appropriate agency of another state;	19177

(ii) Evidence of having completed at least two years of	19178
training in an accredited college, university, or technical	19179
college, including courses in child development or early childhood	19180
education, or at least two years of experience in supervising and	19181
giving daily care to children attending an organized group	19182
program.	19183

(b) In addition to the requirements of division (B)(4)(a) of	19184
this section, any administrator employed or designated on or after	19185
September 1, 1986, shall show evidence of, and any administrator	19186
employed or designated prior to September 1, 1986, shall show	19187
evidence within six years after such date of, at least one of the	19188
following:	19189

(i) Two years of experience working as a child-care staff	19190
member in a center and at least four courses in child development	19191
or early childhood education from an accredited college,	19192
university, or technical college, except that a person who has two	19193
years of experience working as a child-care staff member in a	19194
particular center and who has been promoted to or designated as	19195
administrator of that center shall have one year from the time the	19196
person was promoted to or designated as administrator to complete	19197
the required four courses;	19198

(ii) Two years of training, including at least four courses	19199
in child development or early childhood education from an	19200
accredited college, university, or technical college;	19201

(iii) A child development associate credential issued by the	19202
national child development associate credentialing commission;	19203

(iv) An associate or higher degree in child development or	19204
early childhood education from an accredited college, technical	19205
college, or university, or a license designated for teaching in an	19206
associate teaching position in a preschool setting issued by the	19207
state board of education.	19208

(5) All child-care staff members of a child day-care center	19209
shall be at least eighteen years of age, and shall furnish the	19210
director evidence of at least high school graduation or	19211
certification of high school equivalency by the state board of	19212
education or the appropriate agency of another state or evidence	19213
of completion of a training program approved by the department of	19214
job and family services or state board of education, except as	19215
follows:	19216

(a) A child-care staff member may be less than eighteen	19217
years of age if the staff member is either of the following:	19218

(i) A graduate of a two-year vocational child-care training	19219
program approved by the state board of education;	19220

(ii) A student enrolled in the second year of a vocational	19221
child-care training program approved by the state board of	19222
education which leads to high school graduation, provided that the	19223
student performs the student's duties in the child day-care center	19224
under the continuous supervision of an experienced child-care	19225
staff member, receives periodic supervision from the vocational	19226
child-care training program teacher-coordinator in the student's	19227
high school, and meets all other requirements of this chapter and	19228
rules adopted pursuant to this chapter.	19229

(b) A child-care staff member shall be exempt from the	19230
educational requirements of this division if the staff member:	19231

(i) Prior to January 1, 1972, was employed or designated by	19232
a child day-care center and has been continuously employed since	19233
either by the same child day-care center employer or at the same	19234
child day-care center; or	19235

(ii) Is a student enrolled in the second year of a	19236
vocational child-care training program approved by the state board	19237
of education which leads to high school graduation, provided that	19238
the student performs the student's duties in the child day-care	19239
center under the continuous supervision of an experienced	19240
child-care staff member, receives periodic supervision from the	19241
vocational child-care training program teacher-coordinator in the	19242
student's high school, and meets all other requirements of this	19243
chapter and rules adopted pursuant to this chapter.	19244

(6) Every child day-care staff member of a child day-care	19245
center annually shall complete fifteen hours of inservice training	19246
in child development or early childhood education, child abuse	19247
recognition and prevention, first aid, and in prevention,	19248
recognition, and management of communicable diseases, until a	19249
total of forty-five hours of training has been completed, unless	19250
the staff member furnishes one of the following to the director:	19251

(a) Evidence of an associate or higher degree in child	19252
development or early childhood education from an accredited	19253
college, university, or technical college;	19254

(b) A license designated for teaching in an associate	19255
teaching position in a preschool setting issued by the state board	19256
of education;	19257

19258

(d) Evidence of a preprimary credential from the American	19259
Montessori society or the association Montessori international.	19260
For the purposes of division (B)(6) of this section, "hour" means	19261
sixty minutes.	19262

(7) The administrator of each child day-care center shall	19263
prepare at least once annually and for each group of children at	19264
the center a roster of names and telephone numbers of parents,	19265
custodians, or guardians of each group of children attending the	19266
center and upon request shall furnish the roster for each group to	19267
the parents, custodians, or guardians of the children in that	19268
group. The administrator may prepare a roster of names and	19269
telephone numbers of all parents, custodians, or guardians of	19270
children attending the center and upon request shall furnish the	19271
roster to the parents, custodians, or guardians of the children	19272
who attend the center. The administrator shall not include in any	19273
roster the name or telephone number of any parent, custodian, or	19274
guardian who requests the administrator not to include the	19275
parent's, custodian's, or guardian's name or number and shall not	19276
furnish any roster to any person other than a parent, custodian,	19277
or guardian of a child who attends the center.	19278

(C)(1) Each child day-care center shall have on the center	19279
premises and readily available at all times at least one	19280
child-care staff member who has completed a course in first aid	19281
and in prevention, recognition, and management of communicable	19282
diseases which is approved by the state department of health and a	19283
staff member who has completed a course in child abuse recognition	19284
and prevention training which is approved by the department of job	19285
and family services.	19286

(2) The administrator of each child day-care center shall	19287
maintain enrollment, health, and attendance records for all	19288
children attending the center and health and employment records	19289
for all center employees. The records shall be confidential,	19290
except as otherwise provided in division (B)(7) of this section	19291
and except that they shall be disclosed by the administrator to	19292
the director upon request for the purpose of administering and	19293
enforcing this chapter and rules adopted pursuant to this chapter.	19294
Neither the center nor the licensee, administrator, or employees	19295
of the center shall be civilly or criminally liable in damages or	19296
otherwise for records disclosed to the director by the	19297
administrator pursuant to this division. It shall be a defense to	19298
any civil or criminal charge based upon records disclosed by the	19299
administrator to the director that the records were disclosed	19300
pursuant to this division.	19301

(3)(a) Any parent who is the residential parent and legal	19302
custodian of a child enrolled in a child day-care center and any	19303
custodian or guardian of such a child shall be permitted unlimited	19304
access to the center during its hours of operation for the	19305
purposes of contacting their children, evaluating the care	19306
provided by the center, evaluating the premises of the center, or	19307
for other purposes approved by the director. A parent of a child	19308
enrolled in a child day-care center who is not the child's	19309
residential parent shall be permitted unlimited access to the	19310
center during its hours of operation for those purposes under the	19311
same terms and conditions under which the residential parent of	19312
that child is permitted access to the center for those purposes.	19313
However, the access of the parent who is not the residential	19314
parent is subject to any agreement between the parents and, to the	19315
extent described in division (C)(3)(b) of this section, is subject	19316
to any terms and conditions limiting the right of access of the	19317
parent who is not the residential parent, as described in division	19318
(I) of section 3109.051 of the Revised Code, that are contained in	19319
a ~~visitation~~parenting time order or decree issued under that	19320
section, section ~~3109.11 or~~ 3109.12 of the Revised Code, or any	19321
other provision of the Revised Code.	19322

(b) If a parent who is the residential parent of a child has	19323
presented the administrator or the administrator's designee with a	19324
copy of a ~~visitation~~parenting time order that limits the terms	19325
and conditions under which the parent who is not the residential	19326
parent is to have access to the center, as described in division	19327
(I) of section 3109.051 of the Revised Code, the parent who is not	19328
the residential parent shall be provided access to the center only	19329
to the extent authorized in the order. If the residential parent	19330
has presented such an order, the parent who is not the residential	19331
parent shall be permitted access to the center only in accordance	19332
with the most recent order that has been presented to the	19333
administrator or the administrator's designee by the residential	19334
parent or the parent who is not the residential parent.	19335

(c) Upon entering the premises pursuant to division	19336
(C)(3)(a) or (b) of this section, the parent who is the	19337
residential parent and legal custodian, the parent who is not the	19338
residential parent, or the custodian or guardian shall notify the	19339
administrator or the administrator's designee of the parent's,	19340
custodian's, or guardian's presence.	19341

(D) The director of job and family services, in addition to	19342
the rules adopted under division (A) of this section, shall adopt	19343
rules establishing minimum requirements for child day-care	19344
centers. The rules shall include, but not be limited to, the	19345
requirements set forth in divisions (B) and (C) of this section.	19346
Except as provided in section 5104.07 of the Revised Code, the	19347
rules shall not change the square footage requirements of division	19348
(B)(1) or (2) of this section; the maximum number of children per	19349
child-care staff member and maximum group size requirements of	19350
division (B)(3) of this section; the educational and experience	19351
requirements of division (B)(4) of this section; the age,	19352
educational, and experience requirements of division (B)(5) of	19353
this section; the number of inservice training hours required	19354
under division (B)(6) of this section; or the requirement for at	19355
least annual preparation of a roster for each group of children of	19356
names and telephone numbers of parents, custodians, or guardians	19357
of each group of children attending the center that must be	19358
furnished upon request to any parent, custodian, or guardian of	19359
any child in that group required under division (B)(7) of this	19360
section; however, the rules shall provide procedures for	19361
determining compliance with those requirements.	19362

(E)(1) When age groups are combined, the maximum number of	19363
children per child-care staff member shall be determined by the	19364
age of the youngest child in the group, except that when no more	19365
than one child thirty months of age or older receives services in	19366
a group in which all the other children are in the next older age	19367
group, the maximum number of children per child-care staff member	19368
and maximum group size requirements of the older age group	19369
established under division (B)(3) of this section shall apply.	19370

(2) The maximum number of toddlers or preschool children per	19371
child-care staff member in a room where children are napping shall	19372
be twice the maximum number of children per child-care staff	19373
member established under division (B)(3) of this section if all	19374
the following criteria are met:	19375

(a) At least one child-care staff member is present in the	19376
room.	19377

(b) Sufficient child-care staff members are on the child	19378
day-care center premises to meet the maximum number of children	19379
per child-care staff member requirements established under	19380
division (B)(3) of this section.	19381

(c) Naptime preparations are complete and all napping	19382
children are resting or sleeping on cots.	19383

(d) The maximum number established under division (E)(2) of	19384
this section is in effect for no more than one and one-half hours	19385
during a twenty-four-hour day.	19386

(F) The director of job and family services shall adopt	19387
rules pursuant to Chapter 119. of the Revised Code governing the	19388
operation of type A family day-care homes, including, but not	19389
limited to, parent cooperative type A homes, part-time type A	19390
homes, drop-in type A homes, and school child type A homes, which	19391
shall reflect the various forms of child day-care and the needs of	19392
children receiving child day-care. The rules shall include the	19393
following:	19394

(1) Submission of a site plan and descriptive plan of	19395
operation to demonstrate how the type A home proposes to meet the	19396
requirements of this chapter and rules adopted pursuant to this	19397
chapter for the initial license application;	19398

(2) Standards for ensuring that the physical surroundings of	19399
the type A home are safe and sanitary, including, but not limited	19400
to, the physical environment, the physical plant, and the	19401
equipment of the type A home;	19402

(3) Standards for the supervision, care, and discipline of	19403
children receiving child day-care or publicly funded child	19404
day-care in the type A home;	19405

(4) Standards for a program of activities, and for play	19406
equipment, materials, and supplies, to enhance the development of	19407
each child; however, any educational curricula, philosophies, and	19408
methodologies that are developmentally appropriate and that	19409
enhance the social, emotional, intellectual, and physical	19410
development of each child shall be permissible;	19411

(5) Admissions policies and procedures, health care policies	19412
and procedures, including, but not limited to, procedures for the	19413
isolation of children with communicable diseases, first aid and	19414
emergency procedures, procedures for discipline and supervision of	19415
children, standards for the provision of nutritious meals and	19416
snacks, and procedures for screening children and employees,	19417
including, but not limited to, any necessary physical examinations	19418
and immunizations;	19419

(6) Methods for encouraging parental participation in the	19420
type A home and methods for ensuring that the rights of children,	19421
parents, and employees are protected and that the responsibilities	19422
of parents and employees are met;	19423

(7) Procedures for ensuring the safety and adequate	19424
supervision of children traveling off the premises of the type A	19425
home while under the care of a type A home employee;	19426

(8) Procedures for record keeping, organization, and	19427
administration;	19428

(9) Procedures for issuing, renewing, denying, and revoking	19429
a license that are not otherwise provided for in Chapter 119. of	19430
the Revised Code;	19431

(10) Inspection procedures;

19432

(11) Procedures and standards for setting initial and	19433
renewal license application fees;	19434

(12) Procedures for receiving, recording, and responding to	19435
complaints about type A homes;	19436

(13) Procedures for enforcing section 5104.04 of the Revised	19437
Code;	19438

(14) A standard requiring the inclusion, on or after July 1,	19439
1987, of a current department of job and family services toll-free	19440
telephone number on each type A home provisional license or	19441
license which any person may use to report a suspected violation	19442
by the type A home of this chapter or rules adopted pursuant this	19443
chapter;	19444

(15) Requirements for the training of administrators and	19445
child-care staff members in first aid, in prevention, recognition,	19446
and management of communicable diseases, and in child abuse	19447
recognition and prevention;	19448

(16) Procedures to be used by licensees for checking the	19449
references of potential employees of type A homes and procedures	19450
to be used by the director for checking the references of	19451
applicants for licenses to operate type A homes;	19452

(17) Standards providing for the special needs of children	19453
who are handicapped or who require treatment for health conditions	19454
while the child is receiving child day-care or publicly funded	19455
child day-care in the type A home;	19456

(18) Standards for the maximum number of children per	19457
child-care staff member;	19458

(19) Requirements for the amount of usable indoor floor	19459
space for each child;	19460

(20) Requirements for safe outdoor play space;

19461

(21) Qualifications and training requirements for	19462
administrators and for child-care staff members;	19463

(22) Procedures for granting a parent who is the residential	19464
parent and legal custodian, or a custodian or guardian access to	19465
the type A home during its hours of operation;	19466

(23) Standards for the preparation and distribution of a	19467
roster of parents, custodians, and guardians;	19468

(24) Any other procedures and standards necessary to carry	19469
out this chapter.	19470

(G) The director of job and family services shall adopt	19471
rules pursuant to Chapter 119. of the Revised Code governing the	19472
certification of type B family day-care homes.	19473

(1) The rules shall include procedures, standards, and other	19474
necessary provisions for granting limited certification to type B	19475
family day-care homes that are operated by the following adult	19476
providers:	19477

(a) Persons who provide child day-care for eligible children	19478
who are great-grandchildren, grandchildren, nieces, nephews, or	19479
siblings of the provider or for eligible children whose caretaker	19480
parent is a grandchild, child, niece, nephew, or sibling of the	19481
provider;	19482

(b) Persons who provide child day-care for eligible children	19483
all of whom are the children of the same caretaker parent.	19484

The rules shall require, and shall include procedures for the	19485
director to ensure, that type B family day-care homes that receive	19486
a limited certification provide child day-care to children in a	19487
safe and sanitary manner. With regard to providers who apply for	19488
limited certification, a provider shall be granted a provisional	19489
limited certification on signing a declaration under oath	19490
attesting that the provider meets the standards for limited	19491
certification. Such provisional limited certifications shall	19492
remain in effect for no more than sixty calendar days and shall	19493
entitle the provider to offer publicly funded child day-care	19494
during the provisional period. Except as otherwise provided in	19495
division (G)(1) of this section, prior to the expiration of the	19496
provisional limited certificate, a county department of job and	19497
family services shall inspect the home and shall grant limited	19498
certification to the provider if the provider meets the	19499
requirements of this division. Limited certificates remain valid	19500
for two years unless earlier revoked. Except as otherwise	19501
provided in division (G)(1) of this section, providers operating	19502
under limited certification shall be inspected annually.	19503

If a provider is a person described in division (G)(1)(a) of	19504
this section or a person described in division (G)(1)(b) of this	19505
section who is a friend of the caretaker parent, the provider and	19506
the caretaker parent may verify in writing to the county	19507
department of job and family services that minimum health and	19508
safety requirements are being met in the home. If such	19509
verification is provided, the county shall waive any inspection	19510
and any criminal records check required by this chapter and grant	19511
limited certification to the provider.	19512

(2) The rules shall provide for safeguarding the health,	19513
safety, and welfare of children receiving child day-care or	19514
publicly funded child day-care in a certified type B home and	19515
shall include the following:	19516

(a) Standards for ensuring that the type B home and the	19517
physical surroundings of the type B home are safe and sanitary,	19518
including, but not limited to, physical environment, physical	19519
plant, and equipment;	19520

(b) Standards for the supervision, care, and discipline of	19521
children receiving child day-care or publicly funded child	19522
day-care in the home;	19523

(c) Standards for a program of activities, and for play	19524
equipment, materials, and supplies to enhance the development of	19525
each child; however, any educational curricula, philosophies, and	19526
methodologies that are developmentally appropriate and that	19527
enhance the social, emotional, intellectual, and physical	19528
development of each child shall be permissible;	19529

(d) Admission policies and procedures, health care, first	19530
aid and emergency procedures, procedures for the care of sick	19531
children, procedures for discipline and supervision of children,	19532
nutritional standards, and procedures for screening children and	19533
authorized providers, including, but not limited to, any necessary	19534
physical examinations and immunizations;	19535

(e) Methods of encouraging parental participation and	19536
ensuring that the rights of children, parents, and authorized	19537
providers are protected and the responsibilities of parents and	19538
authorized providers are met;	19539

(f) Standards for the safe transport of children when under	19540
the care of authorized providers;	19541

(g) Procedures for issuing, renewing, denying, refusing to	19542
renew, or revoking certificates;	19543

(h) Procedures for the inspection of type B family day-care	19544
homes that require, at a minimum, that each type B family day-care	19545
home be inspected prior to certification to ensure that the home	19546
is safe and sanitary;	19547

(i) Procedures for record keeping and evaluation;

19548

(j) Procedures for receiving, recording, and responding to	19549
complaints;	19550

(k) Standards providing for the special needs of children	19551
who are handicapped or who receive treatment for health conditions	19552
while the child is receiving child day-care or publicly funded	19553
child day-care in the type B home;	19554

(l) Requirements for the amount of usable indoor floor space	19555
for each child;	19556

(m) Requirements for safe outdoor play space;

19557

(n) Qualification and training requirements for authorized	19558
providers;	19559

(o) Procedures for granting a parent who is the residential	19560
parent and legal custodian, or a custodian or guardian access to	19561
the type B home during its hours of operation;	19562

(p) Any other procedures and standards necessary to carry	19563
out this chapter.	19564

(H) The director shall adopt rules pursuant to Chapter 119.	19565
of the Revised Code governing the certification of in-home aides.	19566
The rules shall include procedures, standards, and other necessary	19567
provisions for granting limited certification to in-home aides who	19568
provide child day-care for eligible children who are	19569
great-grandchildren, grandchildren, nieces, nephews, or siblings	19570
of the in-home aide or for eligible children whose caretaker	19571
parent is a grandchild, child, niece, nephew, or sibling of the	19572
in-home aide. The rules shall require, and shall include	19573
procedures for the director to ensure, that in-home aides that	19574
receive a limited certification provide child day-care to children	19575
in a safe and sanitary manner. The rules shall provide for	19576
safeguarding the health, safety, and welfare of children receiving	19577
publicly funded child day-care in their own home and shall include	19578
the following:	19579

(1) Standards for ensuring that the child's home and the	19580
physical surroundings of the child's home are safe and sanitary,	19581
including, but not limited to, physical environment, physical	19582
plant, and equipment;	19583

(2) Standards for the supervision, care, and discipline of	19584
children receiving publicly funded child day-care in their own	19585
home;	19586

(3) Standards for a program of activities, and for play	19587
equipment, materials, and supplies to enhance the development of	19588
each child; however, any educational curricula, philosophies, and	19589
methodologies that are developmentally appropriate and that	19590
enhance the social, emotional, intellectual, and physical	19591
development of each child shall be permissible;	19592

(4) Health care, first aid, and emergency procedures,	19593
procedures for the care of sick children, procedures for	19594
discipline and supervision of children, nutritional standards, and	19595
procedures for screening children and in-home aides, including,	19596
but not limited to, any necessary physical examinations and	19597
immunizations;	19598

(5) Methods of encouraging parental participation and	19599
ensuring that the rights of children, parents, and in-home aides	19600
are protected and the responsibilities of parents and in-home	19601
aides are met;	19602

(6) Standards for the safe transport of children when under	19603
the care of in-home aides;	19604

(7) Procedures for issuing, renewing, denying, refusing to	19605
renew, or revoking certificates;	19606

(8) Procedures for inspection of homes of children receiving	19607
publicly funded child day-care in their own homes;	19608

(9) Procedures for record keeping and evaluation;

19609

(10) Procedures for receiving, recording, and responding to	19610
complaints;	19611

(11) Qualifications and training requirements for in-home	19612
aides;	19613

(12) Standards providing for the special needs of children	19614
who are handicapped or who receive treatment for health conditions	19615
while the child is receiving publicly funded child day-care in the	19616
child's own home;	19617

(13) Any other procedures and standards necessary to carry	19618
out this chapter.	19619

(I) The director of job and family services shall send	19620
copies of proposed rules to each licensee and each county director	19621
of job and family services and shall give public notice of	19622
hearings regarding the rules to each licensee and each county	19623
director of job and family services at least thirty days prior to	19624
the date of the public hearing, in accordance with section 119.03	19625
of the Revised Code. Prior to the effective date of a rule, the	19626
director of job and family services shall provide copies of the	19627
adopted rule to each licensee and each county director of job and	19628
family services.	19629

The county director of job and family services shall send	19630
copies of proposed rules to each authorized provider and in-home	19631
aide and shall give public notice of hearings regarding the rules	19632
to each authorized provider and in-home aide at least thirty days	19633
prior to the date of the public hearing, in accordance with	19634
section 119.03 of the Revised Code. Prior to the effective date	19635
of a rule, the county director of job and family services shall	19636
provide copies of the adopted rule to each authorized provider and	19637
in-home aide.	19638

Additional copies of proposed and adopted rules shall be made	19639
available by the director of job and family services to the public	19640
on request at no charge.	19641

(J) The director of job and family services shall review all	19642
rules adopted pursuant to this chapter at least once every seven	19643
years.	19644

(K) Notwithstanding any provision of the Revised Code, the	19645
director of job and family services shall not regulate in any way	19646
under this chapter or rules adopted pursuant to this chapter,	19647
instruction in religious or moral doctrines, beliefs, or values.	19648

Sec. 5104.44. On receipt of a notice pursuant to section	19649
~~2301.373~~3123.43 of the Revised Code, the department of job and	19650
family services shall comply with ~~that section~~sections 3123.41 to	19651
3123.50 of the Revised Code and any applicable rules adopted under	19652
section 3123.63 of the Revised Code with respect to a license or	19653
certificate issued pursuant to this chapter.	19654

Sec. 5107.20. As used in this section, "support" ~~has the~~	19655
~~same meaning as in section 3113.21 of the Revised Code~~means child	19656
support, spousal support, and support for a spouse or a former	19657
spouse.	19658

Participation in Ohio works first constitutes an assignment	19659
to the department of job and family services of any rights members	19660
of an assistance group have to support from any other person,	19661
excluding medical support assigned pursuant to section 5101.59 of	19662
the Revised Code. The rights to support assigned to the	19663
department pursuant to this section constitute an obligation of	19664
the person who is responsible for providing the support to the	19665
state for the amount of cash assistance provided to the assistance	19666
group.	19667

The ~~division~~office of child support in the department of job	19668
and family services shall collect and distribute support payments	19669
owed to Ohio works first participants, whether assigned to the	19670
department or unassigned, in accordance with ~~Title IV-D, federal~~	19671
42U.S.C. 654 Band 657 and regulations adopted under those	19672
statutes, state statutes, and rules adopted under section 5107.05	19673
of the Revised Code.	19674

InUpon implementation of centralized collection and	19675
disbursement under Chapter 3121. of the Revised Code, in	19676
accordance with ~~federal statutes~~42U.S.C. 654 Band657 and	19677
regulations adopted under those statutes, the department shall	19678
deposit support payments it receives pursuant to this section into	19679
the state treasury to the credit of the child support collections	19680
fund or the child support administrative fund, both of which are	19681
hereby created. Money credited to the funds shall be used to make	19682
cash assistance payments under Ohio works first.	19683

Sec. 5107.22. As used in this section, "caretaker" means the	19684
parent of a minor child or a relative acting in the parent's	19685
place.	19686

Unless good cause for failure or refusal exists as determined	19687
pursuant to rules adopted under section 5107.05 of the Revised	19688
Code, the caretaker of a minor child shall cooperate, if the	19689
caretaker is a member of the child's assistance group, in	19690
establishing the child's paternity and establishing, modifying,	19691
and enforcing a support order for the child. The child support	19692
enforcement agency with responsibility for administering the	19693
assistance group's paternity and support order requirements shall	19694
determine whether the caretaker is cooperating under this section.	19695
Cooperation includes providing sufficient information available to	19696
the caretaker to verify the identity of the minor child's father	19697
and establish, modify, and enforce a support order. With respect	19698
to charter counties only, cooperation also includes appearing at	19699
all proceedings to establish, modify, or enforce support for, and	19700
to establish paternity with respect to, the child.	19701

A child support enforcement agency shall notify the county	19702
department of job and family services serving the county in which	19703
a caretaker resides if the agency determines that the caretaker	19704
has failed or refused to cooperate under this section without good	19705
cause and the caretaker is a member of an assistance group	19706
participating in Ohio works first.	19707

Sec. 5107.80. The director of job and family services, using	19708
information provided by employers under ~~section 5101.312~~sections	19709
3121.891 and3121.892 of the Revised Code, shall determine	19710
quarterly whether individuals who have ceased to participate in	19711
Ohio works first have entered the workforce.	19712

Sec. 5123.083. On receipt of a notice pursuant to section	19713
~~2301.373~~3123.43 of the Revised Code, the director of mental	19714
retardation and developmental disabilities shall comply with ~~that~~	19715
~~section~~sections 3123.41 to 3123.50 of the Revised Code and any	19716
applicable rules adopted under section 3123.63 of the Revised Code	19717
with respect to a certificate or evidence of registration issued	19718
pursuant to this chapter.	19719

Sec. 5126.251. On receipt of a notice pursuant to section	19720
~~2301.373~~3123.43 of the Revised Code, the director of mental	19721
retardation and developmental disabilities shall comply with ~~that~~	19722
~~section~~sections 3123.41 to 3123.50 of the Revised Code and any	19723
applicable rules adopted under section 3123.63 of the Revised Code	19724
with respect to a certificate or evidence of registration issued	19725
pursuant to this chapter.	19726

Sec. 5153.16. (A) Except as provided in section 2151.422 of	19727
the Revised Code, in accordance with rules of the department of	19728
job and family services, and on behalf of children in the county	19729
whom the public children services agency considers to be in need	19730
of public care or protective services, the public children	19731
services agency shall do all of the following:	19732

(1) Make an investigation concerning any child alleged to be	19733
an abused, neglected, or dependent child;	19734

(2) Enter into agreements with the parent, guardian, or	19735
other person having legal custody of any child, or with the	19736
department of job and family services, department of mental	19737
health, department of mental retardation and developmental	19738
disabilities, other department, any certified organization within	19739
or outside the county, or any agency or institution outside the	19740
state, having legal custody of any child, with respect to the	19741
custody, care, or placement of any child, or with respect to any	19742
matter, in the interests of the child, provided the permanent	19743
custody of a child shall not be transferred by a parent to the	19744
public children services agency without the consent of the	19745
juvenile court;	19746

(3) Accept custody of children committed to the public	19747
children services agency by a court exercising juvenile	19748
jurisdiction;	19749

(4) Provide such care as the public children services agency	19750
considers to be in the best interests of any child adjudicated to	19751
be an abused, neglected, or dependent child the agency finds to be	19752
in need of public care or service;	19753

(5) Provide social services to any unmarried girl	19754
adjudicated to be an abused, neglected, or dependent child who is	19755
pregnant with or has been delivered of a child;	19756

(6) Make available to the bureau for children with medical	19757
handicaps of the department of health at its request any	19758
information concerning a crippled child found to be in need of	19759
treatment under sections 3701.021 to 3701.028 of the Revised Code	19760
who is receiving services from the public children services	19761
agency;	19762

(7) Provide temporary emergency care for any child	19763
considered by the public children services agency to be in need of	19764
such care, without agreement or commitment;	19765

(8) Find certified foster homes, within or outside the	19766
county, for the care of children, including handicapped children	19767
from other counties attending special schools in the county;	19768

(9) Subject to the approval of the board of county	19769
commissioners and the state department of job and family services,	19770
establish and operate a training school or enter into an agreement	19771
with any municipal corporation or other political subdivision of	19772
the county respecting the operation, acquisition, or maintenance	19773
of any children's home, training school, or other institution for	19774
the care of children maintained by such municipal corporation or	19775
political subdivision;	19776

(10) Acquire and operate a county children's home,	19777
establish, maintain, and operate a receiving home for the	19778
temporary care of children, or procure certified foster homes for	19779
this purpose;	19780

(11) Enter into an agreement with the trustees of any	19781
district children's home, respecting the operation of the district	19782
children's home in cooperation with the other county boards in the	19783
district;	19784

(12) Cooperate with, make its services available to, and act	19785
as the agent of persons, courts, the department of job and family	19786
services, the department of health, and other organizations within	19787
and outside the state, in matters relating to the welfare of	19788
children, except that the public children services agency shall	19789
not be required to provide supervision of or other services	19790
related to the exercise of parenting time rights granted pursuant	19791
to section 3109.051 or 3109.12 of the Revised Code or	19792
companionship or visitation rights granted pursuant to section	19793
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	19794
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	19795
a common pleas court, pursuant to division (E)(6) of section	19796
3113.31 of the Revised Code, requires the provision of supervision	19797
or other services related to the exercise of the parenting time	19798
rights or companionship or visitation rights;	19799

(13) Make investigations at the request of any	19800
superintendent of schools in the county or the principal of any	19801
school concerning the application of any child adjudicated to be	19802
an abused, neglected, or dependent child for release from school,	19803
where such service is not provided through a school attendance	19804
department;	19805

(14) Administer funds provided under Title IV-E of the	19806
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	19807
amended, in accordance with rules adopted under section 5101.141	19808
of the Revised Code;	19809

(15) In addition to administering Title IV-E adoption	19810
assistance funds, enter into agreements to make adoption	19811
assistance payments under section 5153.163 of the Revised Code;	19812

(16) Implement a system of risk assessment, in accordance	19813
with rules adopted by the director of job and family services, to	19814
assist the public children services agency in determining the risk	19815
of abuse or neglect to a child;	19816

(17) Enter into a plan of cooperation with the board of	19817
county commissioners under section 307.983 of the Revised Code and	19818
comply with the partnership agreement the board enters into under	19819
section 307.98 of the Revised Code and contracts the board enters	19820
into under sections 307.981 and 307.982 of the Revised Code that	19821
affect the public children services agency;	19822

(18) Make reasonable efforts to prevent the removal of an	19823
alleged or adjudicated abused, neglected, or dependent child from	19824
the child's home, eliminate the continued removal of the child	19825
from the child's home, or make it possible for the child to return	19826
home safely, except that reasonable efforts of that nature are not	19827
required when a court has made a determination under division	19828
(A)(2) of section 2151.419 of the Revised Code;	19829

(19) Make reasonable efforts to place the child in a timely	19830
manner in accordance with the permanency plan approved under	19831
division (E) of section 2151.417 of the Revised Code and to	19832
complete whatever steps are necessary to finalize the permanent	19833
placement of the child.	19834

(B) The public children services agency shall use the system	19835
implemented pursuant to division (B)(16) of this section in	19836
connection with an investigation undertaken pursuant to division	19837
(F)(1) of section 2151.421 of the Revised Code and may use the	19838
system at any other time the agency is involved with any child	19839
when the agency determines that risk assessment is necessary.	19840

(C) Except as provided in section 2151.422 of the Revised	19841
Code, in accordance with rules of the director of job and family	19842
services, and on behalf of children in the county whom the public	19843
children services agency considers to be in need of public care or	19844
protective services, the public children services agency may do	19845
the following:	19846

(1) Provide or find, with other child serving systems,	19847
specialized foster care for the care of children in a specialized	19848
foster home, as defined in section 5103.02 of the Revised Code,	19849
certified under section 5103.03 of the Revised Code;	19850

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	19851
this section, contract with the following for the purpose of	19852
assisting the agency with its duties:	19853

(i) County departments of job and family services;

19854

(ii) Boards of alcohol, drug addiction, and mental health	19855
services;	19856

(iii) County boards of mental retardation and developmental	19857
disabilities;	19858

(iv) Regional councils of political subdivisions established	19859
under Chapter 167. of the Revised Code;	19860

(v) Private and government providers of services;

19861

(vi) Managed care organizations and prepaid health plans.

19862

(b) A public children services agency contract under	19863
division (C)(2)(a) of this section regarding the agency's duties	19864
under section 2151.421 of the Revised Code may not provide for the	19865
entity under contract with the agency to perform any service not	19866
authorized by the department's rules.	19867

(c) Only a county children services board appointed under	19868
section 5153.03 of the Revised Code that is a public children	19869
services agency may contract under division (C)(2)(a) of this	19870
section. If an entity specified in division (B) or (C) of section	19871
5153.02 of the Revised Code is the public children services agency	19872
for a county, the board of county commissioners may enter into	19873
contracts pursuant to section 307.982 of the Revised Code	19874
regarding the agency's duties.	19875

Sec. 5505.04. (A) The general administration and management	19876
of the state highway patrol retirement system and the making	19877
effective of this chapter are hereby vested in the state highway	19878
patrol retirement board. The board may sue and be sued, plead and	19879
be impleaded, contract and be contracted with, and do all things	19880
necessary to carry out this chapter.	19881

The board shall consist of the auditor of state, the	19882
superintendent of the state highway patrol, a retirant-member who	19883
is a resident of this state, and four employee-members.	19884

The board shall annually elect a chairperson and	19885
vice-chairperson from among its members. The vice-chairperson	19886
shall act as chairperson in the absence of the chairperson. A	19887
majority of the members of the board shall constitute a quorum and	19888
any action taken shall be approved by four or more of the members.	19889
The board shall meet not less than once each year, upon sufficient	19890
notice to the members. All meetings of the board shall be open to	19891
the public except executive sessions as set forth in division (G)	19892
of section 121.22 of the Revised Code, and any portions of any	19893
sessions discussing medical records or the degree of disability of	19894
a member excluded from public inspection by this section.	19895

(B) The attorney general shall prescribe procedures for the	19896
adoption of rules authorized under this chapter, consistent with	19897
the provision of section 111.15 of the Revised Code under which	19898
all rules shall be filed in order to be effective. Such	19899
procedures shall establish methods by which notice of proposed	19900
rules are given to interested parties and rules adopted by the	19901
board published and otherwise made available. When it files a	19902
rule with the joint committee on agency rule review pursuant to	19903
section 111.15 of the Revised Code, the board shall submit to the	19904
Ohio retirement study council a copy of the full text of the rule,	19905
and if applicable, a copy of the rule summary and fiscal analysis	19906
required by division (B) of section 127.18 of the Revised Code.	19907

(C) The retirant-member of the board shall be elected for a	19908
four-year term by a general election of service and disability	19909
retirants conducted in a manner approved by the board. The term	19910
of the initial retirant-member shall commence in August 1990. A	19911
person who at the time of retirement is an employee-member of the	19912
board is not eligible to become a retirant-member until three	19913
years after such person's retirement date. Employee-members of	19914
the board shall be elected for terms of four years by a general	19915
election of contributing members conducted in a manner approved by	19916
the board. The term of office of each employee-member shall	19917
commence in August of the year in which such member is elected.	19918
Any vacancy occurring in the term of the retirant-member or any	19919
employee-member of the board shall be filled by an election	19920
conducted in the same manner as other retirant-member and	19921
employee-member elections. The retirant-member or employee-member	19922
elected shall fill the unexpired term.	19923

(D)(1) As used in this division, "personal history record"	19924
means information maintained by the board on a member, former	19925
member, retirant, or beneficiary that includes the address,	19926
telephone number, social security number, record of contributions,	19927
correspondence with the system, and other information the board	19928
determines to be confidential.	19929

(2) The records of the board shall be open to public	19930
inspection, except for the following which shall be excluded: the	19931
member's, former member's, retirant's, or beneficiary's personal	19932
history record and the amount of a monthly allowance or benefit	19933
paid to a retirant, beneficiary, or survivor, except with the	19934
written authorization of the individual concerned. All medical	19935
reports and recommendations are privileged except that copies of	19936
such medical reports or recommendations shall be made available to	19937
the individual's personal physician, attorney, or authorized agent	19938
upon written release received from such individual or such	19939
individual's agent, or when necessary for the proper	19940
administration of the fund to the board-assigned physician.	19941

(E) Notwithstanding the exceptions to public inspection in	19942
division (D)(2) of this section, the board may furnish the	19943
following information:	19944

(1) If a member, former member, or retirant is subject to an	19945
order issued under section 2907.15 of the Revised Code or is	19946
convicted of or pleads guilty to a violation of section 2921.41 of	19947
the Revised Code, on written request of a prosecutor as defined in	19948
section 2935.01 of the Revised Code, the board shall furnish to	19949
the prosecutor the information requested from the individual's	19950
personal history record.	19951

(2) Pursuant to a court order issued under ~~section 3113.21~~	19952
Chapters 3119., 3121., and3123. of the Revised Code, the board	19953
shall furnish to a court or child support enforcement agency the	19954
information required under ~~that section~~those chapters.	19955

(3) At the written request of any nonprofit organization or	19956
association providing services to retirement system members,	19957
retirants, or beneficiaries, the board shall provide to the	19958
organization or association a list of the names and addresses of	19959
members, former members, retirants, or beneficiaries if the	19960
organization or association agrees to use such information solely	19961
in accordance with its stated purpose of providing services to	19962
such individuals and not for the benefit of other persons,	19963
organizations, or associations. The costs of compiling, copying,	19964
and mailing the list shall be paid by such entity.	19965

(4) Within fourteen days after receiving from the director	19966
of job and family services a list of the names and social security	19967
numbers of recipients of public assistance pursuant to section	19968
5101.181 of the Revised Code, the board shall inform the auditor	19969
of state of the name, current or most recent employer address, and	19970
social security number of each member whose name and social	19971
security number are the same as those of a person whose name or	19972
social security number was submitted by the director. The board	19973
and its employees, except for purposes of furnishing the auditor	19974
of state with information required by this section, shall preserve	19975
the confidentiality of recipients of public assistance in	19976
compliance with division (A) of section 5101.181 of the Revised	19977
Code.	19978

(F) A statement that contains information obtained from the	19979
system's records that is certified and signed by an officer of the	19980
retirement system and to which the system's official seal is	19981
affixed, or copies of the system's records to which the signature	19982
and seal are attached, shall be received as true copies of the	19983
system's records in any court or before any officer of this state.	19984

Sec. 5505.22. The right of any person to a pension, or to	19985
the return of accumulated contributions, payable as provided under	19986
this chapter, and all moneys, investments of the state highway	19987
patrol retirement system, and income therefrom, are exempt from	19988
any state tax, except the tax imposed by section 5747.02 of the	19989
Revised Code, and are exempt from any county, municipal, or other	19990
local tax, except taxes imposed pursuant to section 5748.02 or	19991
5748.08 of the Revised Code and, except as provided in sections	19992
~~3111.23, 3113.21~~3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and	19993
5505.26 of the Revised Code, shall not be subject to execution,	19994
garnishment, attachment, the operation of bankruptcy or insolvency	19995
laws, or any other process of law whatsoever, and shall be	19996
unassignable except as specifically provided in this chapter.	19997

Sec. 5703.21. (A) Except as provided in divisions (B), (C),	19998
(D), (E), (F), and (G) of this section, no agent of the department	19999
of taxation, except in the agent's report to the department or	20000
when called on to testify in any court or proceeding, shall	20001
divulge any information acquired by the agent as to the	20002
transactions, property, or business of any person while acting or	20003
claiming to act under orders of the department. Whoever violates	20004
this provision shall thereafter be disqualified from acting as an	20005
officer or employee or in any other capacity under appointment or	20006
employment of the department.	20007

(B)(1) For purposes of an audit pursuant to section 117.15	20008
of the Revised Code, or an audit of the department pursuant to	20009
Chapter 117. of the Revised Code, or an audit, pursuant to that	20010
chapter, the objective of which is to express an opinion on a	20011
financial report or statement prepared or issued pursuant to	20012
division (A)(7) or (9) of section 126.21 of the Revised Code, the	20013
officers and employees of the auditor of state charged with	20014
conducting the audit shall have access to and the right to examine	20015
any state tax returns and state tax return information in the	20016
possession of the department to the extent that the access and	20017
examination are necessary for purposes of the audit. Any	20018
information acquired as the result of that access and examination	20019
shall not be divulged for any purpose other than as required for	20020
the audit or unless the officers and employees are required to	20021
testify in a court or proceeding under compulsion of legal	20022
process. Whoever violates this provision shall thereafter be	20023
disqualified from acting as an officer or employee or in any other	20024
capacity under appointment or employment of the auditor of state.	20025

(2) As provided by section 6103(d)(2) of the Internal	20026
Revenue Code, any federal tax returns or federal tax information	20027
that the department has acquired from the internal revenue	20028
service, through federal and state statutory authority, may be	20029
disclosed to the auditor of state solely for purposes of an audit	20030
of the department.	20031

(C) Division (A) of this section does not prohibit divulging	20032
information contained in applications, complaints, and related	20033
documents filed with the department under section 5715.27 of the	20034
Revised Code or in applications filed with the department under	20035
section 5715.39 of the Revised Code.	20036

(D) Division (A) of this section does not prohibit the	20037
department of taxation providing information to the ~~division~~	20038
office of child support within the department of job and family	20039
services~~, or a child support enforcement agency,~~ pursuant to	20040
~~division (G)(2) of~~ section ~~5101.31~~3125.43 of the Revised Code.	20041

(E) Division (A) of this section does not prohibit the	20042
disclosure to the board of motor vehicle collision repair	20043
registration of any information in the possession of the	20044
department that is necessary for the board to verify the existence	20045
of an applicant's valid vendor's license and current state tax	20046
identification number under section 4775.07 of the Revised Code.	20047

(F) Division (A) of this section does not prohibit the	20048
department from providing information to the administrator of	20049
workers' compensation pursuant to section 4123.591 of the Revised	20050
Code.	20051

(G) Division (A) of this section does not prohibit the	20052
department of taxation from providing to the attorney general	20053
information the department obtains under division (J) of section	20054
1346.01 of the Revised Code.	20055

Sec. 5747.121. (A) In accordance with ~~section~~	20056
~~5101.321~~sections 3123.821 to3123.823 of the Revised Code, the tax	20057
commissioner shall cooperate with the department of job and family	20058
services in establishing and then implementing procedures for the	20059
collection of overdue child support from refunds of paid state	20060
income taxes under this chapter that are payable to obligors. The	20061
tax commissioner shall deposit money collected from such refunds	20062
into the child support intercept fund.	20063

(B) At the request of the department of job and family	20064
services in connection with the collection of overdue child	20065
support from a refund of paid state income taxes pursuant to	20066
~~section 5101.321~~sections 3123.821 to3123.823 of the Revised Code	20067
and division (A) of this section, the tax commissioner shall	20068
release to the department the home address and social security	20069
number of any obligor whose overdue child support may be collected	20070
from a refund of paid state income taxes pursuant to ~~section~~	20071
~~5101.321~~sections 3123.821 to3123.823 of the Revised Code and	20072
division (A) of this section.	20073

(C) In the case of persons filing a joint income tax return,	20074
the amount of the refund available for the collection of overdue	20075
child support shall be based on the proportion of the refund due	20076
to the obligor only. Any obligor's spouse who objects to the	20077
amount of the refund to be used for the collection of overdue	20078
child support may file a complaint with the tax commissioner	20079
within twenty-one days after receiving notice of the collection.	20080
The commissioner shall afford a complainant an opportunity to be	20081
heard. The burden of proving an error by the commissioner in	20082
determining the amount of a refund to be used for the collection	20083
of overdue child support shall be on the complainant.	20084

(D) There is hereby created in the state treasury the child	20085
support intercept fund, which shall consist of moneys paid into it	20086
by the tax commissioner under division (A) of this section.	20087
Moneys in the fund shall be disbursed pursuant to vouchers	20088
approved by the director of job and family services for use by the	20089
division of child support to meet the requirements of section 666	20090
of Title IV-D of the "Social Security Act," 98 Stat. 1306 (1975),	20091
42 U.S.C. 666, as amended, and any rules promulgated under Title	20092
IV-D. Moneys appropriated from the fund are not intended to	20093
replace other moneys appropriated for this purpose.	20094

(E) As used in this section, "obligor" has the same meaning	20095
as in ~~division (D) of~~ section ~~5101.321~~3123.82 of the Revised	20096
Code.	20097

Sec. 5747.123. (A) As used in this section:

20098

(1) "Obligee" and "obligor" have the same meanings as in	20099
section 3119.01 of the Revised Code;	20100

(2) "Overpaid child support" has the same meaning as in	20101
section 3123.82 of the Revised Code.	20102

(B) In accordance with sections 3123.821 to 3123.823 of the	20103
Revised Code, the tax commissioner shall cooperate with the	20104
department of job and family services in establishing and	20105
implementing procedures for the collection of overpaid child	20106
support from refunds ofpaid state income taxes under this chapter	20107
that are payable to obligees. The tax commissioner shall collect	20108
the refunds and send the amounts to the department of job and	20109
family services for distribution to obligors who made the	20110
overpayment.	20111

(C) In the case of persons filing a joint income tax return,	20112
the amount of the refund available for the collection of overpaid	20113
child support shall be based on the proportion of the refund due	20114
the obligee only. An obligee's spouse who objects to the amount	20115
of the refund to be used for the collection of overpaid child	20116
support may file a complaint with the tax commissioner within	20117
twenty-one days after receiving notice of the collection. The	20118
commissioner shall afford a complainant an opportunity to be	20119
heard. The burden of proving an error by the commissioner in	20120
determining the amount of the refund to be used for the collection	20121
of overpaid child support shall be on the complainant.	20122

Sec. 5747.18. The tax commissioner shall enforce and	20123
administer this chapter. In addition to any other powers	20124
conferred upon the commissioner by law, the commissioner may:	20125

(A) Prescribe all forms required to be filed pursuant to	20126
this chapter;	20127

(B) Adopt such rules as the commissioner finds necessary to	20128
carry out this chapter;	20129

(C) Appoint and employ such personnel as are necessary to	20130
carry out the duties imposed upon the commissioner by this	20131
chapter.	20132

Any information gained as the result of returns,	20133
investigations, hearings, or verifications required or authorized	20134
by this chapter is confidential, and no person shall disclose such	20135
information, except for official purposes, or as provided by	20136
section 3125.43, 4123.591, 4507.023, or 5101.182, ~~division (G)(2)~~	20137
~~of section 5101.31 or~~ division (B) of section 5703.21 of the	20138
Revised Code, or in accordance with a proper judicial order. The	20139
tax commissioner may furnish the internal revenue service with	20140
copies of returns or reports filed and may furnish the officer of	20141
a municipal corporation charged with the duty of enforcing a tax	20142
subject to Chapter 718. of the Revised Code with the names,	20143
addresses, and identification numbers of taxpayers who may be	20144
subject to such tax. A municipal corporation shall use this	20145
information for tax collection purposes only. This section does	20146
not prohibit the publication of statistics in a form which does	20147
not disclose information with respect to individual taxpayers.	20148

Section 2. That existing sections 109.573, 145.27, 145.56,	20149
148.09, 149.43, 169.03, 169.08, 329.04, 742.41, 742.47, 909.131,	20150
917.24, 918.45, 919.21, 921.30, 926.102, 927.521, 943.19, 1321.05,	20151
1321.84, 1322.101, 1347.08, 1349.01, 1533.82, 1541.42, 1547.544,	20152
1561.52, 1565.25, 1905.201, 2151.23, 2151.231, 2151.232, 2151.33,	20153
2151.36, 2151.49, 2301.03, 2301.354, 2301.356, 2301.358, 2301.371,	20154
2301.375, 2301.39, 2301.99, 2317.02, 2329.66, 2705.02, 2705.031,	20155
2716.01, 2919.22, 2919.231, 3103.03, 3103.031, 3105.18, 3105.21,	20156
3105.63, 3105.65, 3107.01, 3107.06, 3107.064, 3107.15, 3109.04,	20157
3109.05, 3109.051, 3109.052, 3109.11, 3109.12, 3109.19, 3109.21,	20158
3109.27, 3109.28, 3111.01, 3111.02, 3111.03, 3111.04, 3111.06,	20159
3111.07, 3111.08, 3111.09, 3111.10, 3111.11, 3111.111, 3111.12,	20160
3111.13, 3111.15, 3111.16, 3111.17, 3111.221, 3111.29, 3111.30,	20161
3111.31, 3111.32, 3111.33, 3111.34, 3111.35, 3111.36, 3111.37,	20162
3111.38, 3111.99, 3113.04, 3113.07, 3113.16, 3113.212, 3113.219,	20163
3113.2110, 3113.2111, 3113.31, 3113.99, 3115.01, 3115.03, 3115.04,	20164
3115.05, 3115.08, 3115.09, 3115.11, 3115.14, 3115.16, 3115.17,	20165
3115.28, 3115.31, 3115.32, 3115.33, 3115.34, 3115.35, 3115.36,	20166
3115.37, 3115.42, 3115.49, 3115.52, 3115.56, 3301.071, 3301.074,	20167
3301.71, 3304.42, 3305.08, 3307.20, 3307.41, 3309.22, 3309.66,	20168
3319.088, 3319.29, 3319.31, 3319.312, 3332.031, 3332.18, 3701.915,	20169
3705.09, 3705.091, 3710.19, 3719.82, 3723.18, 3727.17, 3737.883,	20170
3742.20, 3770.07, 3770.071, 3773.36, 3773.42, 3773.59, 3783.09,	20171
3905.53, 3921.281, 3924.48, 3924.49, 3931.13, 3941.02, 3949.22,	20172
3951.10, 3959.17, 4104.21, 4123.67, 4141.282, 4501.25, 4506.071,	20173
4507.08, 4507.111, 4507.16, 4507.34, 4507.99, 4511.191, 4701.28,	20174
4703.12, 4703.16, 4703.36, 4703.52, 4705.021, 4707.23, 4709.26,	20175
4713.27, 4715.40, 4717.16, 4723.07, 4723.09, 4723.341, 4723.63,	20176
4725.20, 4725.531, 4727.031, 4728.031, 4729.67, 4730.251, 4731.76,	20177
4732.27, 4733.15, 4733.27, 4734.22, 4735.05, 4735.33, 4736.17,	20178
4738.072, 4739.07, 4739.16, 4740.101, 4741.02, 4741.32, 4747.16,	20179
4749.14, 4751.12, 4753.071, 4753.15, 4755.04, 4755.09, 4755.61,	20180
4755.66, 4757.19, 4759.11, 4761.03, 4761.12, 4763.03, 4763.18,	20181
4765.56, 5101.313, 5101.316, 5101.317, 5101.318, 5101.32,	20182
5101.322, 5101.326, 5101.327, 5101.36, 5101.37, 5101.99, 5104.011,	20183
5104.44, 5107.20, 5107.22, 5107.80, 5123.083, 5126.251, 5153.16,	20184
5505.04, 5505.22, 5703.21, 5747.121, and 5747.18 and sections	20185
2301.34, 2301.35, 2301.353, 2301.355, 2301.357, 2301.36, 2301.37,	20186
2301.372, 2301.373, 2301.374, 2301.38, 2301.40, 2301.41, 2301.43,	20187
2301.44, 2301.45, 2301.46, 3111.19, 3111.20, 3111.21, 3111.211,	20188
3111.22, 3111.23, 3111.231, 3111.24, 3111.241, 3111.242, 3111.25,	20189
3111.26, 3111.27, 3111.28, 3113.21, 3113.211, 3113.213, 3113.214,	20190
3113.215, 3113.216, 3113.217, 3113.218, 5101.31, 5101.311,	20191
5101.312, 5101.314, 5101.315, 5101.319, 5101.321, 5101.323,	20192
5101.324, and 5101.325 of the Revised Code are hereby repealed.	20193

Section 3. That the version of section 5703.21 of the	20194
Revised Code that is scheduled to take effect January 1, 2002, be	20195
amended to read as follows:	20196

Sec. 5703.21. (A) Except as provided in divisions (B) and	20197
(C) of this section, no agent of the department of taxation,	20198
except in the agent's report to the department or when called on	20199
to testify in any court or proceeding, shall divulge any	20200
information acquired by the agent as to the transactions,	20201
property, or business of any person while acting or claiming to	20202
act under orders of the department. Whoever violates this	20203
provision shall thereafter be disqualified from acting as an	20204
officer or employee or in any other capacity under appointment or	20205
employment of the department.	20206

(B)(1) For purposes of an audit pursuant to section 117.15	20207
of the Revised Code, or an audit of the department pursuant to	20208
Chapter 117. of the Revised Code, or an audit, pursuant to that	20209
chapter, the objective of which is to express an opinion on a	20210
financial report or statement prepared or issued pursuant to	20211
division (A)(7) or (9) of section 126.21 of the Revised Code, the	20212
officers and employees of the auditor of state charged with	20213
conducting the audit shall have access to and the right to examine	20214
any state tax returns and state tax return information in the	20215
possession of the department to the extent that the access and	20216
examination are necessary for purposes of the audit. Any	20217
information acquired as the result of that access and examination	20218
shall not be divulged for any purpose other than as required for	20219
the audit or unless the officers and employees are required to	20220
testify in a court or proceeding under compulsion of legal	20221
process. Whoever violates this provision shall thereafter be	20222
disqualified from acting as an officer or employee or in any other	20223
capacity under appointment or employment of the auditor of state.	20224

(2) As provided by section 6103(d)(2) of the Internal	20225
Revenue Code, any federal tax returns or federal tax information	20226
that the department has acquired from the internal revenue	20227
service, through federal and state statutory authority, may be	20228
disclosed to the auditor of state solely for purposes of an audit	20229
of the department.	20230

(C) Division (A) of this section does not prohibit any of	20231
the following:	20232

(1) Divulging information contained in applications,	20233
complaints, and related documents filed with the department under	20234
section 5715.27 of the Revised Code or in applications filed with	20235
the department under section 5715.39 of the Revised Code;	20236

(2) Providing information to the ~~division~~office of child	20237
support within the department of job and family services~~, or a~~	20238
~~child support enforcement agency,~~ pursuant to ~~division (G)(2) of~~	20239
section ~~5101.31~~3125.43 of the Revised Code;	20240

(3) Disclosing to the board of motor vehicle collision	20241
repair registration any information in the possession of the	20242
department that is necessary for the board to verify the existence	20243
of an applicant's valid vendor's license and current state tax	20244
identification number under section 4775.07 of the Revised Code;	20245

(4) Providing information to the administrator of workers'	20246
compensation pursuant to section 4123.591 of the Revised Code;	20247

(5) Providing to the attorney general information the	20248
department obtains under division (J) of section 1346.01 of the	20249
Revised Code;	20250

(6) Permitting properly authorized officers, employees, or	20251
agents of a municipal corporation from inspecting reports or	20252
information pursuant to rules adopted under section 5745.16 of the	20253
Revised Code.	20254

Section 4. That the existing version of section 5703.21 of	20255
the Revised Code that is scheduled to take effect January 1, 2002,	20256
is hereby repealed.	20257

Section 5. Sections 3 and 4 of this act shall take effect	20258
January 1, 2002.	20259

Section 6. Section 149.43 of the Revised Code is presented	20260
in this act as a composite of the section as amended by Sub. H.B.	20261
448, Sub. H.B. 539, and Am. Sub. H.B. 640 of the 123rd General	20262
Assembly, with the new language of none of the acts shown in	20263
capital letters. Section 2151.23 of the Revised Code is presented	20264
in this act as a composite of the section as amended by both Sub.	20265
H.B. 583 and Am. Sub. S.B. 181 of the 123rd General Assembly, with	20266
the new language of neither of the acts shown in capital letters.	20267
Section 4703.12 of the Revised Code is presented in this act as a	20268
composite of the section as amended by Am. Sub. H.B. 117, Sub.	20269
H.B. 167, and Sub. H.B. 231 of the 121st General Assembly, with	20270
the new language of none of the acts shown in capital letters.	20271
Section 4763.03 of the Revised Code is presented in this act as a	20272
composite of the section as amended by both Sub. H.B. 167 and Am.	20273
H.B. 304 of the 121st General Assembly, with the new language of	20274
neither of the acts shown in capital letters. Section 5153.16 of	20275
the Revised Code is presented in this act as a composite of the	20276
section as amended by both Sub. H.B. 332 and Sub. H.B. 448 of the	20277
123rd General Assembly, with the new language of neither of the	20278
acts shown in capital letters. This is in recognition of the	20279
principle stated in division (B) of section 1.52 of the Revised	20280
Code that such amendments are to be harmonized where not	20281
substantively irreconcilable and constitutes a legislative finding	20282
that such is the resulting version in effect prior to the	20283
effective date of this act.	20284