Sub. H. B. No. 136 As Passed by the Senate

Representatives Gilb, Hood, McGregor, Allen, Harwood, Aslanides, Barrett, Beatty, Blessing, Book, Brown, Bubp, Cassell, Chandler, Collier, Combs, DeGeeter, Domenick, C. Evans, D. Evans, Faber, Fende, Flowers, Garrison, Hagan, Healy, Hughes, Latta, Mason, Mitchell, Oelslager, Otterman, S. Patton, Perry, Raussen, Reidelbach, Schaffer, Schneider, Seaver, Seitz, G. Smith, D. Stewart, Wagoner, Webster, Wolpert, Yuko

Senators Dann, Armbruster, Cates, Gardner, Harris, Zurz, Padgett, Niehaus, Spada, Clancy, Mumper, Goodman

A BILL

To amend sections 3111.04, 3111.06, 3111.07, 1
3111.381, and 3123.171 and to enact section 2
3109.043 of the Revised Code relative to paternity 3
actions and interest on child support arrearages, 4
to allow a child support enforcement agency to 5
bring an action relative to the determination of a 6
parent and child relationship if the child's 7
father or alleged father receives public 8
assistance or services under Title IV-D of the 9
"Social Security Act," and to allow a court to 10
make a temporary custody determination before a 11
parent and child relationship has been legally 12
established. 13

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

       Section 1. That sections 3111.04, 3111.06, 3111.07, 3111.381, 14
and 3123.171 be amended and section 3109.043 of the Revised Code 15
be enacted to read as follows: 16

       Sec. 3109.043. In any proceeding pertaining to the allocation 17
of parental rights and responsibilities for the care of a child, 18
when requested in the complaint, answer, or counterclaim, or by 19
motion served with the pleading, upon satisfactory proof by 20
affidavit duly filed with the clerk of the court, the court, 21
without oral hearing and for good cause shown, may make a 22
temporary order regarding the allocation of parental rights and 23
responsibilities for the care of the child while the action is 24
pending. 25

        If a parent and child relationship has not already been 26
established pursuant to section 3111.02 of the Revised Code, the 27
court may take into consideration when determining whether to 28
award parenting time, visitation rights, or temporary custody to a 29
putative father that the putative father is named on the birth 30
record of the child, the child has the putative father's surname, 31
or a clear pattern of a parent and child relationship between the 32
child and the putative father exists. 33

       Sec. 3111.04. (A) An action to determine the existence or 34
nonexistence of the father and child relationship may be brought 35
by the child or the child's personal representative, the child's 36
mother or her personal representative, a man alleged or alleging 37
himself to be the child's father, the child support enforcement 38
agency of the county in which the child resides if the child's 39
mother, father, or alleged father is a recipient of public 40
assistance or of services under Title IV-D of the "Social Security 41
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the 42
alleged father's personal representative. 43

       (B) An agreement does not bar an action under this section. 44

       (C) If an action under this section is brought before the 45
birth of the child and if the action is contested, all 46
proceedings, except service of process and the taking of 47
depositions to perpetuate testimony, may be stayed until after the 48
birth. 49

       (D) A recipient of public assistance or of services under 50
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 51
U.S.C.A. 651, as amended, shall cooperate with the child support 52
enforcement agency of the county in which a child resides to 53
obtain an administrative determination pursuant to sections 54
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court 55
determination pursuant to sections 3111.01 to 3111.18 of the 56
Revised Code, of the existence or nonexistence of a parent and 57
child relationship between the father and the child. If the 58
recipient fails to cooperate, the agency may commence an action to 59
determine the existence or nonexistence of a parent and child 60
relationship between the father and the child pursuant to sections 61
3111.01 to 3111.18 of the Revised Code. 62

       (E) As used in this section, "public assistance" means 63
medical assistance under Chapter 5111. of the Revised Code, 64
assistance under Chapter 5107. of the Revised Code, disability 65
financial assistance under Chapter 5115. of the Revised Code, or 66
disability medical assistance under Chapter 5115. of the Revised 67
Code. 68

       Sec. 3111.06. (A) AnExcept as otherwise provided in 69
division (B) or (C) of section 3111.381 of the Revised Code, an 70
action authorized under sections 3111.01 to 3111.18 of the Revised 71
Code may be brought in the juvenile court or other court with 72
jurisdiction under section 2101.022 or 2301.03 of the Revised Code 73
of the county in which the child, the child's mother, or the 74
alleged father resides or is found or, if the alleged father is 75
deceased, of the county in which proceedings for the probate of 76
the alleged father's estate have been or can be commenced, or of 77
the county in which the child is being provided support by the 78
county department of job and family services of that county. An 79
action pursuant to sections 3111.01 to 3111.18 of the Revised Code 80
to object to an administrative order issued pursuant to former 81
section 3111.21 or 3111.22 or sections 3111.38 to 3111.54 of the 82
Revised Code determining the existence or nonexistence of a parent 83
and child relationship that has not become final and enforceable, 84
may be brought only in the juvenile court or other court with 85
jurisdiction of the county in which the child support enforcement 86
agency that issued the order is located. If an action for divorce, 87
dissolution, or legal separation has been filed in a court of 88
common pleas, that court of common pleas has original jurisdiction 89
to determine if the parent and child relationship exists between 90
one or both of the parties and any child alleged or presumed to be 91
the child of one or both of the parties. 92

       (B) A person who has sexual intercourse in this state submits 93
to the jurisdiction of the courts of this state as to an action 94
brought under sections 3111.01 to 3111.18 of the Revised Code with 95
respect to a child who may have been conceived by that act of 96
intercourse. In addition to any other method provided by the Rules 97
of Civil Procedure, personal jurisdiction may be acquired by 98
personal service of summons outside this state or by certified 99
mail with proof of actual receipt. 100

       Sec. 3111.07. (A) The natural mother, each man presumed to 101
be the father under section 3111.03 of the Revised Code, and each 102
man alleged to be the natural father~~, and, if the party who~~ 103
~~initiates the action is a recipient of public assistance as~~ 104
~~defined in section 3111.04 of the Revised Code or if the~~ 105
~~responsibility for the collection of support for the child who is~~ 106
~~the subject of the action has been assumed by the child support~~ 107
~~enforcement agency under Title IV-D of the "Social Security Act,"~~ 108
~~88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child~~ 109
~~support enforcement agency of the county in which the child~~ 110
~~resides~~ shall be made parties to the action brought pursuant to 111
sections 3111.01 to 3111.18 of the Revised Code or, if not subject 112
to the jurisdiction of the court, shall be given notice of the 113
action pursuant to the Rules of Civil Procedure and shall be given 114
an opportunity to be heard. The child support enforcement agency 115
of the county in which the action is brought also shall be given 116
notice of the action pursuant to the Rules of Civil Procedure and 117
shall be given an opportunity to be heard. The court may align the 118
parties. The child shall be made a party to the action unless a 119
party shows good cause for not doing so. Separate counsel shall be 120
appointed for the child if the court finds that the child's 121
interests conflict with those of the mother. 122

       If the person bringing the action knows that a particular man 123
is not or, based upon the facts and circumstances present, could 124
not be the natural father of the child, the person bringing the 125
action shall not allege in the action that the man is the natural 126
father of the child and shall not make the man a party to the 127
action. 128

       (B) If an action is brought pursuant to sections 3111.01 to 129
3111.18 of the Revised Code and the child to whom the action 130
pertains is or was being provided support by the department of job 131
and family services, a county department of job and family 132
services, or another public agency, the department, county 133
department, or agency may intervene for purposes of collecting or 134
recovering the support. 135

       Sec. 3111.381. (A) Except as provided in ~~division~~divisions 136
(B), (C), (D), and (E) of this section, no person may bring an 137
action under sections 3111.01 to 3111.18 of the Revised Code 138
unless the person has requested an administrative determination 139
under section 3111.38 of the Revised Code of the existence or 140
nonexistence of a parent and child relationship. 141

       (B) An action to determine the existence or nonexistence of a 142
parent and child relationship may be brought by the child's mother 143
in the appropriate division of the court of common pleas in the 144
county in which the child resides, without requesting an 145
administrative determination, if the child's mother brings the 146
action in order to request an order to determine the allocation of 147
parental rights and responsibilities, the payment of all or any 148
part of the reasonable expenses of the mother's pregnancy and 149
confinement, or support of the child. The clerk of the court shall 150
forward a copy of the complaint to the child support enforcement 151
agency of the county in which the complaint is filed. 152

       (C) An action to determine the existence or nonexistence of a 153
parent and child relationship may be brought by the putative 154
father of the child in the appropriate division of the court of 155
common pleas in the county in which the child resides, without 156
requesting an administrative determination, if the putative father 157
brings the action in order to request an order to determine the 158
allocation of parental rights and responsibilities. The clerk of 159
the court shall forward a copy of the complaint to the child 160
support enforcement agency of the county in which the complaint is 161
filed. 162

       (D) If services are requested by the court, under divisions 163
(B) and (C) of this section, of the child support enforcement 164
agency to determine the existence or nonexistence of a parent and 165
child relationship, a Title IV-D application must be completed and 166
delivered to the child support enforcement agency. 167

       (E) If the alleged father of a child is deceased and 168
proceedings for the probate of the estate of the alleged father 169
have been or can be commenced, the court with jurisdiction over 170
the probate proceedings shall retain jurisdiction to determine the 171
existence or nonexistence of a parent and child relationship 172
between the alleged father and any child without an administrative 173
determination being requested from a child support enforcement 174
agency. 175

       If an action for divorce, dissolution of marriage, or legal 176
separation, or an action under section 2151.231 or 2151.232 of the 177
Revised Code requesting an order requiring the payment of child 178
support and provision for the health care of a child, has been 179
filed in a court of common pleas and a question as to the 180
existence or nonexistence of a parent and child relationship 181
arises, the court in which the original action was filed shall 182
retain jurisdiction to determine the existence or nonexistence of 183
the parent and child relationship without an administrative 184
determination being requested from a child support enforcement 185
agency. 186

       If a juvenile court or other court with jurisdiction under 187
section 2101.022 or 2301.03 of the Revised Code issues a support 188
order under section 2151.231 or 2151.232 of the Revised Code 189
relying on a presumption under section 3111.03 of the Revised 190
Code, the juvenile court or other court with jurisdiction that 191
issued the support order shall retain jurisdiction if a question 192
as to the existence of a parent and child relationship arises. 193

       Sec. 3123.171. ~~Notwithstanding section 1343.03 of the~~ 194
~~Revised Code, interest may be charged on the amount of support~~ 195
~~arrearages owed pursuant to a default under a child support order~~ 196
~~only as provided by~~When a court renders a money judgment for 197
child support, pursuant to a motion for a lump sum judgment filed 198
by an obligee, interest shall accrue on that arrearage unless the 199
court finds that it would be inequitable to assess interest. The 200
interest shall accrue from the date the judgment is rendered to a 201
date certain set for payment of the judgment at a rate specified 202
in section 1343.03 of the Revised Code at the time the judgment is 203
rendered. A court may assess interest on a child support arrearage 204
prior to judgment pursuant to section 3123.17 of the Revised Code. 205
The court shall enter the amount due, including interest, in the 206
journal. If interest is not assessed, the court shall enter the 207
reasons for not assessing interest in the journal. 208

       Section 2. That existing sections 3111.04, 3111.06, 3111.07, 209
3111.381, and 3123.171 of the Revised Code are hereby repealed. 210

Section 1. That sections 3111.04, 3111.06, 3111.07, 3111.381,	14
and 3123.171 be amended and section 3109.043 of the Revised Code	15
be enacted to read as follows:	16

Sec. 3109.043. In any proceeding pertaining to the allocation	17
of parental rights and responsibilities for the care of a child,	18
when requested in the complaint, answer, or counterclaim, or by	19
motion served with the pleading, upon satisfactory proof by	20
affidavit duly filed with the clerk of the court, the court,	21
without oral hearing and for good cause shown, may make a	22
temporary order regarding the allocation of parental rights and	23
responsibilities for the care of the child while the action is	24
pending.	25

If a parent and child relationship has not already been	26
established pursuant to section 3111.02 of the Revised Code, the	27
court may take into consideration when determining whether to	28
award parenting time, visitation rights, or temporary custody to a	29
putative father that the putative father is named on the birth	30
record of the child, the child has the putative father's surname,	31
or a clear pattern of a parent and child relationship between the	32
child and the putative father exists.	33

Sec. 3111.04. (A) An action to determine the existence or	34
nonexistence of the father and child relationship may be brought	35
by the child or the child's personal representative, the child's	36
mother or her personal representative, a man alleged or alleging	37
himself to be the child's father, the child support enforcement	38
agency of the county in which the child resides if the child's	39
mother, father, or alleged father is a recipient of public	40
assistance or of services under Title IV-D of the "Social Security	41
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	42
alleged father's personal representative.	43

(C) If an action under this section is brought before the	45
birth of the child and if the action is contested, all	46
proceedings, except service of process and the taking of	47
depositions to perpetuate testimony, may be stayed until after the	48
birth.	49

(D) A recipient of public assistance or of services under	50
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	51
U.S.C.A. 651, as amended, shall cooperate with the child support	52
enforcement agency of the county in which a child resides to	53
obtain an administrative determination pursuant to sections	54
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	55
determination pursuant to sections 3111.01 to 3111.18 of the	56
Revised Code, of the existence or nonexistence of a parent and	57
child relationship between the father and the child. If the	58
recipient fails to cooperate, the agency may commence an action to	59
determine the existence or nonexistence of a parent and child	60
relationship between the father and the child pursuant to sections	61
3111.01 to 3111.18 of the Revised Code.	62

(E) As used in this section, "public assistance" means	63
medical assistance under Chapter 5111. of the Revised Code,	64
assistance under Chapter 5107. of the Revised Code, disability	65
financial assistance under Chapter 5115. of the Revised Code, or	66
disability medical assistance under Chapter 5115. of the Revised	67
Code.	68

Sec. 3111.06. (A) AnExcept as otherwise provided in	69
division (B) or (C) of section 3111.381 of the Revised Code, an	70
action authorized under sections 3111.01 to 3111.18 of the Revised	71
Code may be brought in the juvenile court or other court with	72
jurisdiction under section 2101.022 or 2301.03 of the Revised Code	73
of the county in which the child, the child's mother, or the	74
alleged father resides or is found or, if the alleged father is	75
deceased, of the county in which proceedings for the probate of	76
the alleged father's estate have been or can be commenced, or of	77
the county in which the child is being provided support by the	78
county department of job and family services of that county. An	79
action pursuant to sections 3111.01 to 3111.18 of the Revised Code	80
to object to an administrative order issued pursuant to former	81
section 3111.21 or 3111.22 or sections 3111.38 to 3111.54 of the	82
Revised Code determining the existence or nonexistence of a parent	83
and child relationship that has not become final and enforceable,	84
may be brought only in the juvenile court or other court with	85
jurisdiction of the county in which the child support enforcement	86
agency that issued the order is located. If an action for divorce,	87
dissolution, or legal separation has been filed in a court of	88
common pleas, that court of common pleas has original jurisdiction	89
to determine if the parent and child relationship exists between	90
one or both of the parties and any child alleged or presumed to be	91
the child of one or both of the parties.	92

(B) A person who has sexual intercourse in this state submits	93
to the jurisdiction of the courts of this state as to an action	94
brought under sections 3111.01 to 3111.18 of the Revised Code with	95
respect to a child who may have been conceived by that act of	96
intercourse. In addition to any other method provided by the Rules	97
of Civil Procedure, personal jurisdiction may be acquired by	98
personal service of summons outside this state or by certified	99
mail with proof of actual receipt.	100

Sec. 3111.07. (A) The natural mother, each man presumed to	101
be the father under section 3111.03 of the Revised Code, and each	102
man alleged to be the natural father~~, and, if the party who~~	103
~~initiates the action is a recipient of public assistance as~~	104
~~defined in section 3111.04 of the Revised Code or if the~~	105
~~responsibility for the collection of support for the child who is~~	106
~~the subject of the action has been assumed by the child support~~	107
~~enforcement agency under Title IV-D of the "Social Security Act,"~~	108
~~88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child~~	109
~~support enforcement agency of the county in which the child~~	110
~~resides~~ shall be made parties to the action brought pursuant to	111
sections 3111.01 to 3111.18 of the Revised Code or, if not subject	112
to the jurisdiction of the court, shall be given notice of the	113
action pursuant to the Rules of Civil Procedure and shall be given	114
an opportunity to be heard. The child support enforcement agency	115
of the county in which the action is brought also shall be given	116
notice of the action pursuant to the Rules of Civil Procedure and	117
shall be given an opportunity to be heard. The court may align the	118
parties. The child shall be made a party to the action unless a	119
party shows good cause for not doing so. Separate counsel shall be	120
appointed for the child if the court finds that the child's	121
interests conflict with those of the mother.	122

If the person bringing the action knows that a particular man	123
is not or, based upon the facts and circumstances present, could	124
not be the natural father of the child, the person bringing the	125
action shall not allege in the action that the man is the natural	126
father of the child and shall not make the man a party to the	127
action.	128

(B) If an action is brought pursuant to sections 3111.01 to	129
3111.18 of the Revised Code and the child to whom the action	130
pertains is or was being provided support by the department of job	131
and family services, a county department of job and family	132
services, or another public agency, the department, county	133
department, or agency may intervene for purposes of collecting or	134
recovering the support.	135

Sec. 3111.381. (A) Except as provided in ~~division~~divisions	136
(B), (C), (D), and (E) of this section, no person may bring an	137
action under sections 3111.01 to 3111.18 of the Revised Code	138
unless the person has requested an administrative determination	139
under section 3111.38 of the Revised Code of the existence or	140
nonexistence of a parent and child relationship.	141

(B) An action to determine the existence or nonexistence of a	142
parent and child relationship may be brought by the child's mother	143
in the appropriate division of the court of common pleas in the	144
county in which the child resides, without requesting an	145
administrative determination, if the child's mother brings the	146
action in order to request an order to determine the allocation of	147
parental rights and responsibilities, the payment of all or any	148
part of the reasonable expenses of the mother's pregnancy and	149
confinement, or support of the child. The clerk of the court shall	150
forward a copy of the complaint to the child support enforcement	151
agency of the county in which the complaint is filed.	152

(C) An action to determine the existence or nonexistence of a	153
parent and child relationship may be brought by the putative	154
father of the child in the appropriate division of the court of	155
common pleas in the county in which the child resides, without	156
requesting an administrative determination, if the putative father	157
brings the action in order to request an order to determine the	158
allocation of parental rights and responsibilities. The clerk of	159
the court shall forward a copy of the complaint to the child	160
support enforcement agency of the county in which the complaint is	161
filed.	162

(D) If services are requested by the court, under divisions	163
(B) and (C) of this section, of the child support enforcement	164
agency to determine the existence or nonexistence of a parent and	165
child relationship, a Title IV-D application must be completed and	166
delivered to the child support enforcement agency.	167

(E) If the alleged father of a child is deceased and	168
proceedings for the probate of the estate of the alleged father	169
have been or can be commenced, the court with jurisdiction over	170
the probate proceedings shall retain jurisdiction to determine the	171
existence or nonexistence of a parent and child relationship	172
between the alleged father and any child without an administrative	173
determination being requested from a child support enforcement	174
agency.	175

If an action for divorce, dissolution of marriage, or legal	176
separation, or an action under section 2151.231 or 2151.232 of the	177
Revised Code requesting an order requiring the payment of child	178
support and provision for the health care of a child, has been	179
filed in a court of common pleas and a question as to the	180
existence or nonexistence of a parent and child relationship	181
arises, the court in which the original action was filed shall	182
retain jurisdiction to determine the existence or nonexistence of	183
the parent and child relationship without an administrative	184
determination being requested from a child support enforcement	185
agency.	186

If a juvenile court or other court with jurisdiction under	187
section 2101.022 or 2301.03 of the Revised Code issues a support	188
order under section 2151.231 or 2151.232 of the Revised Code	189
relying on a presumption under section 3111.03 of the Revised	190
Code, the juvenile court or other court with jurisdiction that	191
issued the support order shall retain jurisdiction if a question	192
as to the existence of a parent and child relationship arises.	193

Sec. 3123.171. ~~Notwithstanding section 1343.03 of the~~	194
~~Revised Code, interest may be charged on the amount of support~~	195
~~arrearages owed pursuant to a default under a child support order~~	196
~~only as provided by~~When a court renders a money judgment for	197
child support, pursuant to a motion for a lump sum judgment filed	198
by an obligee, interest shall accrue on that arrearage unless the	199
court finds that it would be inequitable to assess interest. The	200
interest shall accrue from the date the judgment is rendered to a	201
date certain set for payment of the judgment at a rate specified	202
in section 1343.03 of the Revised Code at the time the judgment is	203
rendered. A court may assess interest on a child support arrearage	204
prior to judgment pursuant to section 3123.17 of the Revised Code.	205
The court shall enter the amount due, including interest, in the	206
journal. If interest is not assessed, the court shall enter the	207
reasons for not assessing interest in the journal.	208

Section 2. That existing sections 3111.04, 3111.06, 3111.07,	209
3111.381, and 3123.171 of the Revised Code are hereby repealed.	210