As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 189

Senator Goodman 

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A BILL

To amend sections 145.571, 742.462, 2151.23,

1

2151.231, 2151.352, 2919.21, 2919.231, 3103.031,

2

3105.85, 3107.01, 3107.06, 3107.061, 3107.064,

3

3107.07, 3107.11, 3109.12, 3109.19, 3111.02,

4

3111.03, 3111.33, 3111.35, 3111.381, 3111.64,

5

3111.66, 3111.72, 3111.78, 3111.80, 3111.821,

6

3119.01, 3119.961, 3119.962, 3125.28, 3305.21,

7

3307.371, 3309.671, 3705.09, 3705.24, 3727.17,

8

5103.16, and 5505.261; to amend, for the purpose

9

of adopting new section numbers as indicated in

10

parentheses, sections 3111.32 (3111.21), 3111.33

11

(3111.22), and 3111.35 (3111.23); and to repeal

12

sections 2151.232, 3111.21, 3111.22, 3111.23,

13

3111.24, 3111.25, 3111.26, 3111.27, 3111.28,

14

3111.29, 3111.30, 3111.31, 3111.34, 3111.44,

15

3111.74, and 3705.091 of the Revised Code

16

regarding adoption law, custody of an abused,

17

neglected, or dependent child, and the

18

elimination of acknowledgments of paternity.

19

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

Section 1. That sections 145.571, 742.462, 2151.23,	20
2151.231, 2151.352, 2919.21, 2919.231, 3103.031, 3105.85,	21
3107.01, 3107.06, 3107.061, 3107.064, 3107.07, 3107.11, 3109.12,	22
3109.19, 3111.02, 3111.03, 3111.33, 3111.35, 3111.381, 3111.64,	23
3111.66, 3111.72, 3111.78, 3111.80, 3111.821, 3119.01, 3119.961,	24
3119.962, 3125.28, 3305.21, 3307.371, 3309.671, 3705.09,	25
3705.24, 3727.17, 5103.16, and 5505.261 be amended, and that	26
sections 3111.32 (3111.21), 3111.33 (3111.22), and 3111.35	27
(3111.23) of the Revised Code be amended for the purpose of	28
adopting new section numbers as indicated in parentheses to read	29
as follows:	30

Sec. 145.571.  (A) As used in this section, "alternate	31
payee," "benefit," "lump sum payment," "participant," and "public	32
retirement program" have the same meanings as in section 3105.80	33
of the Revised Code.	34

(B) On receipt of an order issued under section 3105.171 or	35
3105.65 of the Revised Code, the public employees retirement	36
system shall determine whether the order meets the requirements of	37
sections 3105.80 to 3105.90 of the Revised Code. The system shall	38
retain in the participant's record an order the system determines	39
meets the requirements. Not later than sixty days after receipt,	40
the system shall return to the court that issued the order any	41
order the system determines does not meet the requirements.	42

(C) The system shall comply with an order retained under	43
division (B) of this section at the following times as	44
appropriate:	45

(1) If the participant has applied for or is receiving a	46
benefit or has applied for but not yet received a lump sum	47
payment, as soon as practicable;	48

(2) If the participant has not applied for a benefit or lump	49
sum payment, on application by the participant for a benefit or	50
lump sum payment.	51

(D) If the system transfers a participant's service credit or	52
contributions made by or on behalf of a participant to a public	53
retirement program that is not named in the order, the system	54
shall do both of the following:	55

(1) Notify the court that issued the order by sending the	56
court a copy of the order and the name and address of the public	57
retirement program to which the transfer was made;	58

(2) Send a copy of the order to the public retirement program	59
to which the transfer was made.	60

(E) If it receives a participant's service credit or	61
contributions and a copy of an order as provided in division (D)	62
of this section, the system shall administer the order as if it	63
were the public retirement program named in the order.	64

(F) If a participant's benefit or lump sum payment is or will	65
be subject to more than one order described in section 3105.81 of	66
the Revised Code or to an order described in section 3105.81 of	67
the Revised Code and a withholding order under sectionformer	68
section 3111.23 or 3113.21 of the Revised Code, the system shall,	69
after determining that the amounts that are or will be withheld	70
will cause the benefit or lump sum payment to fall below the	71
limits described in section 3105.85 of the Revised Code, do all of	72
the following:	73

(1) Establish, in accordance with division (G) of this	74
section and subject to the limits described in section 3105.85 of	75
the Revised Code, the priority in which the orders are or will be	76
paid by the system;	77

(2) Reduce the amount paid to an alternate payee based on the	78
priority established under division (F)(1) of this section;	79

(3) Notify, by regular mail, a participant and alternate	80
payee of any action taken under this division.	81

(G) A withholding or deduction notice issued under section	82
former section 3111.23 or 3113.21 of the Revised Code or an order	83
described in section 3115.32 of the Revised Code has priority over	84
all other orders and shall be complied with in accordance with	85
child support enforcement laws. All other orders are entitled to	86
priority in order of earliest retention by the system. The system	87
is not to retain an order that provides for the division of	88
property unless the order is filed in a court with jurisdiction in	89
this state.	90

(H) The system is not liable in civil damages for loss	91
resulting from any action or failure to act in compliance with	92
this section.	93

Sec. 742.462.  (A) As used in this section, "alternate	94
payee," "benefit," "lump sum payment," "participant," and "public	95
retirement program" have the same meanings as in section 3105.80	96
of the Revised Code.	97

(B) On receipt of an order issued under section 3105.171 or	98
3105.65 of the Revised Code, the Ohio police and fire pension fund	99
shall determine whether the order meets the requirements of	100
sections 3105.80 to 3105.90 of the Revised Code. The fund shall	101
retain in the participant's record an order the fund determines	102
meets the requirements. Not later than sixty days after receipt,	103
the fund shall return to the court that issued the order any order	104
the fund determines does not meet the requirements.	105

(C) The fund shall comply with an order retained under	106
division (B) of this section at the following times as	107
appropriate:	108

(1) If the participant has applied for or is receiving a	109
benefit or has applied for but not yet received a lump sum	110
payment, as soon as practicable;	111

(2) If the participant has not applied for a benefit or lump	112
sum payment, on application by the participant for a benefit or	113
lump sum payment.	114

(D) If the fund transfers a participant's service credit or	115
contributions made by or on behalf of a participant to a public	116
retirement program that is not named in the order, the fund shall	117
do both of the following:	118

(1) Notify the court that issued the order by sending the	119
court a copy of the order and the name and address of the public	120
retirement program to which the transfer was made;	121

(2) Send a copy of the order to the public retirement program	122
to which the transfer was made.	123

(E) If it receives a participant's service credit or	124
contributions and a copy of an order as provided in division (D)	125
of this section, the fund shall administer the order as if it were	126
the public retirement program named in the order.	127

(F) If a participant's benefit or lump sum payment is or will	128
be subject to more than one order described in section 3105.81 of	129
the Revised Code or to an order described in section 3105.81 of	130
the Revised Code and a withholding order under sectionformer	131
section 3111.23 or 3113.21 of the Revised Code, the fund shall,	132
after determining that the amounts that are or will be withheld	133
will cause the benefit or lump sum payment to fall below the	134
limits described in section 3105.85 of the Revised Code, do all of	135
the following:	136

(1) Establish, in accordance with division (G) of this	137
section and subject to the limits described in section 3105.85 of	138
the Revised Code, the priority in which the orders are or will be	139
paid by the fund in accordance with division (G) of this section;	140

(2) Reduce the amount paid to an alternate payee based on the	141
priority established under division (F)(1) of this section;	142

(3) Notify, by regular mail, a participant and alternate	143
payee of any action taken under this division.	144

(G) A withholding or deduction notice issued under section	145
former section 3111.23 or 3113.21 of the Revised Code or an order	146
described in section 3115.32 of the Revised Code has priority over	147
all other orders and shall be complied with in accordance with	148
child support enforcement laws. All other orders are entitled to	149
priority in order of earliest retention by the fund. The fund is	150
not to retain an order that provides for the division of property	151
unless the order is filed in a court with jurisdiction in this	152
state.	153

(H) The fund is not liable in civil damages for loss	154
resulting from any action or failure to act in compliance with	155
this section.	156

Sec. 2151.23.  (A) The juvenile court has exclusive original	157
jurisdiction under the Revised Code as follows:	158

(1) Concerning any child who on or about the date specified	159
in the complaint, indictment, or information is alleged to have	160
violated section 2151.87 of the Revised Code or an order issued	161
under that section or to be a juvenile traffic offender or a	162
delinquent, unruly, abused, neglected, or dependent child and,	163
based on and in relation to the allegation pertaining to the	164
child, concerning the parent, guardian, or other person having	165
care of a child who is alleged to be an unruly or delinquent child	166
for being an habitual or chronic truant;	167

(2) Subject to divisions (G) and (V) of section 2301.03 of	168
the Revised Code, to determine the custody of any child not a ward	169
of another court of this state;	170

(3) To hear and determine any application for a writ of	171
habeas corpus involving the custody of a child;	172

(4) To exercise the powers and jurisdiction given the probate	173
division of the court of common pleas in Chapter 5122. of the	174
Revised Code, if the court has probable cause to believe that a	175
child otherwise within the jurisdiction of the court is a mentally	176
ill person subject to hospitalization by court order, as defined	177
in section 5122.01 of the Revised Code;	178

(5) To hear and determine all criminal cases charging adults	179
with the violation of any section of this chapter;	180

(6) To hear and determine all criminal cases in which an	181
adult is charged with a violation of division (C) of section	182
2919.21, division (B)(1) of section 2919.22, section 2919.222,	183
division (B) of section 2919.23, or section 2919.24 of the Revised	184
Code, provided the charge is not included in an indictment that	185
also charges the alleged adult offender with the commission of a	186
felony arising out of the same actions that are the basis of the	187
alleged violation of division (C) of section 2919.21, division	188
(B)(1) of section 2919.22, section 2919.222, division (B) of	189
section 2919.23, or section 2919.24 of the Revised Code;	190

(7) Under the interstate compact on juveniles in section	191
2151.56 of the Revised Code;	192

(8) Concerning any child who is to be taken into custody	193
pursuant to section 2151.31 of the Revised Code, upon being	194
notified of the intent to take the child into custody and the	195
reasons for taking the child into custody;	196

(9) To hear and determine requests for the extension of	197
temporary custody agreements, and requests for court approval of	198
permanent custody agreements, that are filed pursuant to section	199
5103.15 of the Revised Code;	200

(10) To hear and determine applications for consent to marry	201
pursuant to section 3101.04 of the Revised Code;	202

(11) Subject to divisions (G) and (V) of section 2301.03 of	203
the Revised Code, to hear and determine a request for an order for	204
the support of any child if the request is not ancillary to an	205
action for divorce, dissolution of marriage, annulment, or legal	206
separation, a criminal or civil action involving an allegation of	207
domestic violence, or an action for support brought under Chapter	208
3115. of the Revised Code;	209

(12) Concerning an action commenced under section 121.38 of	210
the Revised Code;	211

(13) To hear and determine violations of section 3321.38 of	212
the Revised Code;	213

(14) To exercise jurisdiction and authority over the parent,	214
guardian, or other person having care of a child alleged to be a	215
delinquent child, unruly child, or juvenile traffic offender,	216
based on and in relation to the allegation pertaining to the	217
child;	218

(15) To conduct the hearings, and to make the determinations,	219
adjudications, and orders authorized or required under sections	220
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding	221
a child who has been adjudicated a delinquent child and to refer	222
the duties conferred upon the juvenile court judge under sections	223
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to	224
magistrates appointed by the juvenile court judge in accordance	225
with Juvenile Rule 40.	226

(B) Except as provided in divisions (G) and (I) of section	227
2301.03 of the Revised Code, the juvenile court has original	228
jurisdiction under the Revised Code:	229

(1) To hear and determine all cases of misdemeanors charging	230
adults with any act or omission with respect to any child, which	231
act or omission is a violation of any state law or any municipal	232
ordinance;	233

(2) To determine the paternity of any child alleged to have	234
been born out of wedlock pursuant to sections 3111.01 to 3111.18	235
of the Revised Code;	236

(3) Under the uniform interstate family support act in	237
Chapter 3115. of the Revised Code;	238

(4) To hear and determine an application for an order for the	239
support of any child, if the child is not a ward of another court	240
of this state;	241

(5) To hear and determine an action commenced under section	242
3111.28 of the Revised Code;	243

(6) To hear and determine a motion filed under section	244
3119.961 of the Revised Code;	245

(7)(6) To receive filings under section 3109.74 of the	246
Revised Code, and to hear and determine actions arising under	247
sections 3109.51 to 3109.80 of the Revised Code.	248

(8)(7) To enforce an order for the return of a child made	249
under the Hague Convention on the Civil Aspects of International	250
Child Abduction pursuant to section 3127.32 of the Revised Code;	251

(9)(8) To grant any relief normally available under the laws	252
of this state to enforce a child custody determination made by a	253
court of another state and registered in accordance with section	254
3127.35 of the Revised Code.	255

(C) The juvenile court, except as to juvenile courts that are	256
a separate division of the court of common pleas or a separate and	257
independent juvenile court, has jurisdiction to hear, determine,	258
and make a record of any action for divorce or legal separation	259
that involves the custody or care of children and that is filed in	260
the court of common pleas and certified by the court of common	261
pleas with all the papers filed in the action to the juvenile	262
court for trial, provided that no certification of that nature	263
shall be made to any juvenile court unless the consent of the	264
juvenile judge first is obtained. After a certification of that	265
nature is made and consent is obtained, the juvenile court shall	266
proceed as if the action originally had been begun in that court,	267
except as to awards for spousal support or support due and unpaid	268
at the time of certification, over which the juvenile court has no	269
jurisdiction.	270

(D) The juvenile court, except as provided in divisions (G)	271
and (I) of section 2301.03 of the Revised Code, has jurisdiction	272
to hear and determine all matters as to custody and support of	273
children duly certified by the court of common pleas to the	274
juvenile court after a divorce decree has been granted, including	275
jurisdiction to modify the judgment and decree of the court of	276
common pleas as the same relate to the custody and support of	277
children.	278

(E) The juvenile court, except as provided in divisions (G)	279
and (I) of section 2301.03 of the Revised Code, has jurisdiction	280
to hear and determine the case of any child certified to the court	281
by any court of competent jurisdiction if the child comes within	282
the jurisdiction of the juvenile court as defined by this section.	283

(F)(1) The juvenile court shall exercise its jurisdiction in	284
child custody matters in accordance with sections 3109.04 and	285
3127.01 to 3127.53 of the Revised Code and, as applicable,	286
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised	287
Code.	288

(2) The juvenile court shall exercise its jurisdiction in	289
child support matters in accordance with section 3109.05 of the	290
Revised Code.	291

(G) Any juvenile court that makes or modifies an order for	292
child support shall comply with Chapters 3119., 3121., 3123., and	293
3125. of the Revised Code. If any person required to pay child	294
support under an order made by a juvenile court on or after April	295
15, 1985, or modified on or after December 1, 1986, is found in	296
contempt of court for failure to make support payments under the	297
order, the court that makes the finding, in addition to any other	298
penalty or remedy imposed, shall assess all court costs arising	299
out of the contempt proceeding against the person and require the	300
person to pay any reasonable attorney's fees of any adverse party,	301
as determined by the court, that arose in relation to the act of	302
contempt.	303

(H) If a child who is charged with an act that would be an	304
offense if committed by an adult was fourteen years of age or	305
older and under eighteen years of age at the time of the alleged	306
act and if the case is transferred for criminal prosecution	307
pursuant to section 2152.12 of the Revised Code, the juvenile	308
court does not have jurisdiction to hear or determine the case	309
subsequent to the transfer. The court to which the case is	310
transferred for criminal prosecution pursuant to that section has	311
jurisdiction subsequent to the transfer to hear and determine the	312
case in the same manner as if the case originally had been	313
commenced in that court, including, but not limited to,	314
jurisdiction to accept a plea of guilty or another plea authorized	315
by Criminal Rule 11 or another section of the Revised Code and	316
jurisdiction to accept a verdict and to enter a judgment of	317
conviction pursuant to the Rules of Criminal Procedure against the	318
child for the commission of the offense that was the basis of the	319
transfer of the case for criminal prosecution, whether the	320
conviction is for the same degree or a lesser degree of the	321
offense charged, for the commission of a lesser-included offense,	322
or for the commission of another offense that is different from	323
the offense charged.	324

(I) If a person under eighteen years of age allegedly commits	325
an act that would be a felony if committed by an adult and if the	326
person is not taken into custody or apprehended for that act until	327
after the person attains twenty-one years of age, the juvenile	328
court does not have jurisdiction to hear or determine any portion	329
of the case charging the person with committing that act. In those	330
circumstances, divisions (A) and (B) of section 2152.12 of the	331
Revised Code do not apply regarding the act, and the case charging	332
the person with committing the act shall be a criminal prosecution	333
commenced and heard in the appropriate court having jurisdiction	334
of the offense as if the person had been eighteen years of age or	335
older when the person committed the act. All proceedings	336
pertaining to the act shall be within the jurisdiction of the	337
court having jurisdiction of the offense, and that court has all	338
the authority and duties in the case that it has in other criminal	339
cases in that court.	340

Sec. 2151.231.  The parent, guardian, or custodian of a	341
child, the person with whom a child resides, or the child support	342
enforcement agency of the county in which the child, parent,	343
guardian, or custodian of the child resides may bring an action in	344
a juvenile court or other court with jurisdiction under section	345
2101.022 or 2301.03 of the Revised Code under this section	346
requesting the court to issue an order requiring a parent of the	347
child to pay an amount for the support of the child without regard	348
to the marital status of the child's parents. No action may be	349
brought under this section against a person presumed to be the	350
parent of a child based on an acknowledgment of paternity that has	351
not yet become final under former section 3111.211 or 5101.314 or	352
section 2151.232, 3111.25, or 3111.821 of the Revised Code.	353

The parties to an action under this section may raise the	354
issue of the existence or nonexistence of a parent-child	355
relationship, unless a final and enforceable determination of the	356
issue has been made with respect to the parties pursuant to	357
Chapter 3111. of the Revised Code or an acknowledgment of	358
paternity signed by the child's parents has become final pursuant	359
to former section 3111.211 or 5101.314 or section 2151.232,	360
3111.25, or 3111.821 of the Revised Code. If a complaint is filed	361
under this section and an issue concerning the existence or	362
nonexistence of a parent-child relationship is raised, the court	363
shall treat the action as an action pursuant to sections 3111.01	364
to 3111.18 of the Revised Code. An order issued in an action under	365
this section does not preclude a party to the action from bringing	366
a subsequent action pursuant to sections 3111.01 to 3111.18 of the	367
Revised Code if the issue concerning the existence or nonexistence	368
of the parent-child relationship was not determined with respect	369
to the party pursuant to a proceeding under this section, or a	370
proceeding under Chapter 3111. of the Revised Code, or an	371
acknowledgment of paternity that has become final under former	372
section 3111.211 or 5101.314 or section 2151.232, 3111.25, or	373
3111.821 of the Revised Code. An order issued pursuant to this	374
section shall remain effective until an order is issued pursuant	375
to sections 3111.01 to 3111.18 of the Revised Code that a	376
parent-child relationship does not exist between the alleged	377
father of the child and the child or until the occurrence of an	378
event described in section 3119.88 of the Revised Code that would	379
require the order to terminate.	380

The court, in accordance with sections 3119.29 to 3119.56 of	381
the Revised Code, shall include in each support order made under	382
this section the requirement that one or both of the parents	383
provide for the health care needs of the child to the satisfaction	384
of the court.	385

Sec. 2151.352.  A child, the child's parents or custodian, or	386
any other person in loco parentis of the child is entitled to	387
representation by legal counsel at all stages of the proceedings	388
under this chapter or Chapter 2152. of the Revised Code. If, as an	389
indigent person, a party is unable to employ counsel, the party is	390
entitled to have counsel provided for the person pursuant to	391
Chapter 120. of the Revised Code except in civil matters in which	392
the juvenile court is exercising jurisdiction pursuant to division	393
(A)(2), (3), (9), (10), (11), (12), or (13); (B)(2), (3), (4), or	394
(5), or (6); (C); (D); or (F)(1) or (2) of section 2151.23 of the	395
Revised Code. If a party appears without counsel, the court shall	396
ascertain whether the party knows of the party's right to counsel	397
and of the party's right to be provided with counsel if the party	398
is an indigent person. The court may continue the case to enable a	399
party to obtain counsel, to be represented by the county public	400
defender or the joint county public defender, or to be appointed	401
counsel upon request pursuant to Chapter 120. of the Revised Code.	402
Counsel must be provided for a child not represented by the	403
child's parent, guardian, or custodian. If the interests of two or	404
more such parties conflict, separate counsel shall be provided for	405
each of them.	406

Section 2935.14 of the Revised Code applies to any child	407
taken into custody. The parents, custodian, or guardian of such	408
child, and any attorney at law representing them or the child,	409
shall be entitled to visit such child at any reasonable time, be	410
present at any hearing involving the child, and be given	411
reasonable notice of such hearing.	412

Any report or part thereof concerning such child, which is	413
used in the hearing and is pertinent thereto, shall for good cause	414
shown be made available to any attorney at law representing such	415
child and to any attorney at law representing the parents,	416
custodian, or guardian of such child, upon written request prior	417
to any hearing involving such child.	418

Sec. 2919.21.  (A) No person shall abandon, or fail to	419
provide adequate support to:	420

(1) The person's spouse, as required by law;

421

(2) The person's child who is under age eighteen, or mentally	422
or physically handicapped child who is under age twenty-one;	423

(3) The person's aged or infirm parent or adoptive parent,	424
who from lack of ability and means is unable to provide adequately	425
for the parent's own support.	426

(B) No person shall abandon, or fail to provide support as	427
established by a court order to, another person whom, by court	428
order or decree, the person is legally obligated to support.	429

(C) No person shall aid, abet, induce, cause, encourage, or	430
contribute to a child or a ward of the juvenile court becoming a	431
dependent child, as defined in section 2151.04 of the Revised	432
Code, or a neglected child, as defined in section 2151.03 of the	433
Revised Code.	434

(D) It is an affirmative defense to a charge of failure to	435
provide adequate support under division (A) of this section or a	436
charge of failure to provide support established by a court order	437
under division (B) of this section that the accused was unable to	438
provide adequate support or the established support but did	439
provide the support that was within the accused's ability and	440
means.	441

(E) It is an affirmative defense to a charge under division	442
(A)(3) of this section that the parent abandoned the accused or	443
failed to support the accused as required by law, while the	444
accused was under age eighteen, or was mentally or physically	445
handicapped and under age twenty-one.	446

(F) It is not a defense to a charge under division (B) of	447
this section that the person whom a court has ordered the accused	448
to support is being adequately supported by someone other than the	449
accused.	450

(G)(1) Except as otherwise provided in this division, whoever	451
violates division (A) or (B) of this section is guilty of	452
nonsupport of dependents, a misdemeanor of the first degree. If	453
the offender previously has been convicted of or pleaded guilty to	454
a violation of division (A)(2) or (B) of this section or if the	455
offender has failed to provide support under division (A)(2) or	456
(B) of this section for a total accumulated period of twenty-six	457
weeks out of one hundred four consecutive weeks, whether or not	458
the twenty-six weeks were consecutive, then a violation of	459
division (A)(2) or (B) of this section is a felony of the fifth	460
degree. If the offender previously has been convicted of or	461
pleaded guilty to a felony violation of this section, a violation	462
of division (A)(2) or (B) of this section is a felony of the	463
fourth degree. If the offender is guilty of nonsupport of	464
dependents by reason of failing to provide support to the	465
offender's child as required by a child support order issued on or	466
after April 15, 1985, pursuant to section 2151.23, 2151.231,	467
2151.232, 2151.33, 3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or	468
3115.31 of the Revised Code or former section 2151.232 of the	469
Revised Code, the court, in addition to any other sentence	470
imposed, shall assess all court costs arising out of the charge	471
against the person and require the person to pay any reasonable	472
attorney's fees of any adverse party other than the state, as	473
determined by the court, that arose in relation to the charge.	474

(2) Whoever violates division (C) of this section is guilty	475
of contributing to the nonsupport of dependents, a misdemeanor of	476
the first degree. Each day of violation of division (C) of this	477
section is a separate offense.	478

Sec. 2919.231.  (A) No person, by using physical harassment	479
or threats of violence against another person, shall interfere	480
with the other person's initiation or continuance of, or attempt	481
to prevent the other person from initiating or continuing, an	482
action to issue or modify a support order under Chapter 3115. or	483
under section 2151.23, 2151.231, 2151.232, 2151.33, 2151.36,	484
2151.361, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,	485
3113.04, 3113.07, or 3113.31 of the Revised Code or former section	486
2151.232 of the Revised Code.	487

(B) Whoever violates this section is guilty of interfering	488
with an action to issue or modify a support order, a misdemeanor	489
of the first degree. If the offender previously has been convicted	490
of or pleaded guilty to a violation of this section or of section	491
3111.19 of the Revised Code, interfering with an action to issue	492
or modify a support order is a felony of the fifth degree.	493

Sec. 3103.031.  A biological parent of a child, a man	494
determined to be the natural father of a child under sections	495
3111.01 to 3111.18 or 3111.20 to 3111.85 of the Revised Code, a	496
parent who adopts a minor child pursuant to Chapter 3107. of the	497
Revised Code, or a parent whose signed acknowledgment of paternity	498
has becomebecame final pursuant to former section 2151.232,or	499
3111.25,of the Revised Code or section 3111.821 of the Revised	500
Code as it existed prior to the effective date of this amendment	501
assumes the parental duty of support for that child.	502
Notwithstanding section 3109.01 of the Revised Code and to the	503
extent provided in section 3119.86 of the Revised Code, the	504
parental duty of support to the child shall continue beyond the	505
age of majority as long as the child continuously attends on a	506
full-time basis any recognized and accredited high school. That	507
duty of support shall continue during seasonal vacation periods.	508

Sec. 3105.85.  (A) The total of the amounts described in	509
division (D) of section 3105.82 and section 3105.84 of the Revised	510
Code shall not exceed fifty per cent of the amount of a benefit or	511
lump sum payment, or if withholding is to be made from more than	512
one benefit or lump sum payment, fifty per cent of the total of	513
the benefits or lump sum payments.	514

(B) If a participant's benefit or lump sum payment is or will	515
be subject to more than one order described in section 3105.81 of	516
the Revised Code, the public retirement program shall not withhold	517
an aggregate amount for all the orders that exceeds fifty per cent	518
of the benefit or lump sum payment.	519

(C) If a participant's benefit or lump sum payment is or will	520
be subject to an order described in section 3105.81 of the Revised	521
Code and one or more withholding orders under sectionformer	522
section 3111.23 or 3113.21 of the Revised Code, the public	523
retirement program shall not withhold from a benefit or lump sum	524
payment an aggregate amount for all orders described in section	525
3105.81 of the Revised Code that exceeds the difference between	526
fifty per cent of the benefit or payment and the percentage of the	527
benefit or payment that is or will be paid under orders described	528
in sectionformer section 3111.23 or 3113.21 of the Revised Code.	529

(D) The public retirement program that is or will be paying	530
the benefit or lump sum payment shall act in accordance with	531
section 145.571, 742.462, 3305.21, 3307.371, 3309.671, or 5505.261	532
of the Revised Code.	533

Sec. 3107.01.  As used in sections 3107.01 to 3107.19 of the	534
Revised Code:	535

(A) "Agency" means any public or private organization	536
certified, licensed, or otherwise specially empowered by law or	537
rule to place minors for adoption.	538

(B) "Attorney" means a person who has been admitted to the	539
bar by order of the Ohio supreme court.	540

(C) "Child" means a son or daughter, whether by birth or by	541
adoption.	542

(D) "Court" means the probate courts of this state, and when	543
the context requires, means the court of any other state empowered	544
to grant petitions for adoption.	545

(E) "Foster caregiver" has the same meaning as in section	546
5103.02 of the Revised Code.	547

(F) "Identifying information" means any of the following with	548
regard to a person: first name, last name, maiden name, alias,	549
social security number, address, telephone number, place of	550
employment, number used to identify the person for the purpose of	551
the statewide education management information system established	552
pursuant to section 3301.0714 of the Revised Code, and any other	553
number federal or state law requires or permits to be used to	554
identify the person.	555

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

556

(H) "Putative father" means a man, including one under age	557
eighteen, who may be a child's father and to whom all of the	558
following apply:	559

(1) He is not married to the child's mother at the time of	560
the child's conception or birth;	561

(2) He has not adopted the child;

562

(3) He has not been determined, prior to the date a petition	563
to adopt the child is filed, to have a parent and child	564
relationship with the child by a court proceeding pursuant to	565
sections 3111.01 to 3111.18 of the Revised Code, a court	566
proceeding in another state, an administrative agency proceeding	567
pursuant to sections 3111.38 to 3111.54 of the Revised Code, or	568
an administrative agency proceeding in another state;	569

(4) He has not acknowledged paternity of the child pursuant	570
to sections 3111.21 to 3111.35 of the Revised Code.	571

Sec. 3107.06.  Unless consent is not required under section	572
3107.07 of the Revised Code, a petition to adopt a minor may be	573
granted only if written consent to the adoption has been executed	574
by all of the following:	575

(A) The mother of the minor;

576

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

577

(1) The minor was conceived or born while the father was	578
married to the mother;	579

(2) The minor is his child by adoption;

580

(3) Prior to the date the petition was filed, it was	581
determined by a court proceeding pursuant to sections 3111.01 to	582
3111.18 of the Revised Code, a court proceeding in another state,	583
an administrative proceeding pursuant to sections 3111.38 to	584
3111.54 of the Revised Code, or an administrative proceeding in	585
another state that he has a parent and child relationship with the	586
minor;	587

(4) He acknowledged paternity of the child and that	588
acknowledgment has become final pursuant to section 2151.232,	589
3111.25, or 3111.821 of the Revised Code.	590

(C) The putative father of the minor;

591

(D) Any person or agency having permanent custody of the	592
minor or authorized by court order to consent;	593

(E) The minor, if more than twelve years of age, unless the	594
court, finding that it is in the best interest of the minor,	595
determines that the minor's consent is not required.	596

Sec. 3107.061.  A man who has sexual intercourse with a woman	597
is on notice that if a child is born as a result and the man is	598
the putative father, the child may be adopted without his consent	599
pursuant to division (B)(A)(2) of section 3107.07 of the Revised	600
Code.	601

Sec. 3107.064.  (A) Except as provided in division (B) of	602
this section, a court shall not issue a final decree of adoption	603
or finalize an interlocutory order of adoption unless the mother	604
placing the minor for adoption or the agency or attorney arranging	605
the adoption files with the court a certified document provided by	606
the department of job and family services under section 3107.063	607
of the Revised Code. The court shall not accept the document	608
unless the date the department places on the document pursuant to	609
that section is thirty-one or more days after the date of the	610
minor's birth.	611

(B) The document described in division (A) of this section is	612
not required if any of the following apply:	613

(1) The mother was married at the time the minor was	614
conceived or born;	615

(2) The parent placing the minor for adoption previously	616
adopted the minor;	617

(3) Prior to the date a petition to adopt the minor is filed,	618
a man has been determined to have a parent and child relationship	619
with the minor by a court proceeding pursuant to sections 3111.01	620
to 3111.18 of the Revised Code, a court proceeding in another	621
state, an administrative agency proceeding pursuant to sections	622
3111.38 to 3111.54 of the Revised Code, or an administrative	623
agency proceeding in another state;	624

(4) The minor's father acknowledged paternity of the minor	625
and that acknowledgment has become final pursuant to section	626
2151.232, 3111.25, or 3111.821 of the Revised Code;	627

(5) A public children services agency has permanent custody	628
of the minor pursuant to Chapter 2151. or division (B) of section	629
5103.15 of the Revised Code after both parents lost or surrendered	630
parental rights, privileges, and responsibilities over the minor.	631

Sec. 3107.07. (A) Consent to adoption is not required of any	632
of the following:	633

(A)(1) A parent of a minor, when it is alleged in the	634
adoption petition and the court, after proper service of notice	635
and hearing, finds by clear and convincing evidence that the	636
parent has failed without justifiable cause to provide more	637
than de minimis contact with the minor or to provide for the	638
maintenance and support of the minor as required by law or	639
judicial decree for aany of the following periods of time:	640

(a) A period of at least one year immediately preceding	641
either the filing of the adoption petition or;	642

(b) A period of at least one year immediately preceding the	643
placement of the minor in the home of the petitioner;	644

(c) If the minor is less than twelve months old at the time	645
of the filing of the adoption petition or the placement of the	646
minor in the home of the petitioner, a substantial amount of time	647
preceding the filing of the adoption petition or the placement of	648
the minor in the home of the petitioner.	649

(B)(2) The putative father of a minor if either of the	650
following applies:	651

(1)(a) The putative father fails to register as the minor's	652
putative father with the putative father registry established	653
under section 3107.062 of the Revised Code not later than thirty	654
days after the minor's birth;	655

(2)(b) The court finds, after proper service of notice and	656
hearing, that any of the following are the case:	657

(a)(i) The putative father is not the father of the minor;

658

(b)(ii) The putative father has willfully abandoned or failed	659
to care for and support the minor;	660

(c)(iii) The putative father has willfully abandoned the	661
mother of the minor during her pregnancy and up to the time of her	662
surrender of the minor, or the minor's placement in the home of	663
the petitioner, whichever occurs first.	664

(C)(3) Except as provided in section 3107.071 of the Revised	665
Code, a parent who has entered into a voluntary permanent custody	666
surrender agreement under division (B) of section 5103.15 of the	667
Revised Code;	668

(D)(4) A parent whose parental rights have been terminated by	669
order of a juvenile court under Chapter 2151. of the Revised Code;	670

(E)(5) A parent who is married to the petitioner and supports	671
the adoption;	672

(F)(6) The father, or putative father, of a minor if the	673
minor is conceived as the result of the commission of rape by the	674
father or putative father and the father or putative father is	675
convicted of or pleads guilty to the commission of that offense.	676
As used in this division, "rape" means a violation of section	677
2907.02 of the Revised Code or a similar law of another state.	678

(G)(7) A legal guardian or guardian ad litem of a parent	679
judicially declared incompetent in a separate court proceeding who	680
has failed to respond in writing to a request for consent, for a	681
period of thirty days, or who, after examination of the written	682
reasons for withholding consent, is found by the court to be	683
withholding consent unreasonably;	684

(H)(8) Any legal guardian or lawful custodian of the person	685
to be adopted, other than a parent, who has failed to respond in	686
writing to a request for consent, for a period of thirty days, or	687
who, after examination of the written reasons for withholding	688
consent, is found by the court to be withholding consent	689
unreasonably;	690

(I)(9) The spouse of the person to be adopted, if the failure	691
of the spouse to consent to the adoption is found by the court to	692
be by reason of prolonged unexplained absence, unavailability,	693
incapacity, or circumstances that make it impossible or	694
unreasonably difficult to obtain the consent or refusal of the	695
spouse;	696

(J)(10) Any parent, legal guardian, or other lawful custodian	697
in a foreign country, if the person to be adopted has been	698
released for adoption pursuant to the laws of the country in	699
which the person resides and the release of such person is in a	700
form that satisfies the requirements of the immigration and	701
naturalization service of the United States department of justice	702
for purposes of immigration to the United States pursuant to	703
section 101(b)(1)(F) of the "Immigration and Nationality Act," 75	704
Stat. 650 (1961), 8 U.S.C. 1101(b)(1)(F), as amended or	705
reenacted.	706

(K)(11) Except as provided in divisions (G)(A)(7) and	707
(H)(A)(8) of this section, a juvenile court, agency, or person	708
given notice of the petition pursuant to division (A)(1) of	709
section 3107.11 of the Revised Code that fails to file an	710
objection to the petition within fourteen days after proof is	711
filed pursuant to division (B) of that section that the notice	712
was given;	713

(L)(12) Any guardian, custodian, or other party who has	714
temporary custody of the child.	715

(B) For purposes of division (A)(1) of this section:

716

(1) A parent has provided more than de minimus contact with	717
the minor if the parent has contacted the minor an average of one	718
time per month during the year immediately preceding the filing of	719
the adoption petition or the placement of the minor in the home of	720
the petitioner.	721

(2)(a) If the minor is at least twelve months old at the time	722
of the filing of the adoption petition or the placement of the	723
minor in the home of the petitioner, a parent has failed to	724
provide for the maintenance and support of the minor as required	725
by law or judicial decree if the parent paid less than twenty-five	726
per cent of a court child support order, as defined in section	727
3119.01 of the Revised Code, for the minor during the preceding	728
year without justifiable cause.	729

(b) If the minor is less than twelve months old at the time	730
of the filing of the adoption petition or the placement of the	731
minor in the home of the petitioner, a parent has failed to	732
provide for the maintenance and support of the minor as required	733
by law or judicial decree if the parent paid less than twenty-five	734
per cent of the amount owed under a court child support order for	735
the minor during the preceding time period without justifiable	736
cause.	737

Sec. 3107.11.  (A) After the filing of a petition to adopt an	738
adult or a minor, the court shall fix a time and place for hearing	739
the petition. The hearing may take place at any time more than	740
thirty days after the date on which the minor is placed in the	741
home of the petitioner. At least twenty days before the date of	742
hearing, notice of the filing of the petition and of the time and	743
place of hearing shall be given by the court to all of the	744
following:	745

(1) Any juvenile court, agency, or person whose consent to	746
the adoption is required by this chapter but who has not	747
consented;	748

(2) A person whose consent is not required as provided by	749
division (A)(1), (G)(7), (H)(8), or (I)(9) of section 3107.07 of	750
the Revised Code and has not consented;	751

(3) Any guardian, custodian, or other party who has temporary	752
custody or permanent custody of the child.	753

Notice shall not be given to a person whose consent is not	754
required as provided by division (B)(A)(2), (C)(3), (D)(4),	755
(E)(5), (F)(6), or (J)(10) of section 3107.07, or section	756
3107.071, of the Revised Code. Second notice shall not be given	757
to a juvenile court, agency, or person whose consent is not	758
required as provided by division (K)(A)(11) of section 3107.07 of	759
the Revised Code because the court, agency, or person failed to	760
file an objection to the petition within fourteen days after	761
proof was filed pursuant to division (B) of this section that a	762
first notice was given to the court, agency, or person pursuant	763
to division (A)(1) of this section.	764

(B) Upon the filing of a petition for adoption that alleges	765
that a parent has failed without justifiable cause to provide	766
more than de minimis contact with the minor or to provide for the	767
maintenance and support of the minor, the clerk of courts shall	768
send a notice to that parent with the following language in	769
boldface type and in all capital letters:	770

"A FINAL DECREE OF ADOPTION, IF GRANTED, WILL RELIEVE YOU OF ALL	771
PARENTAL RIGHTS AND RESPONSIBILITIES, INCLUDING THE RIGHT TO	772
CONTACT THE MINOR, AND, EXCEPT WITH RESPECT TO A SPOUSE OF THE	773
ADOPTION PETITIONER AND RELATIVES OF THAT SPOUSE, TERMINATE ALL	774
LEGAL RELATIONSHIPS BETWEEN THE MINOR AND YOU AND THE MINOR'S	775
OTHER RELATIVES, SO THAT THE MINOR THEREAFTER IS A STRANGER TO YOU	776
AND THE MINOR'S FORMER RELATIVES FOR ALL PURPOSES. IF YOU WISH TO	777
CONTEST THE ADOPTION, YOU MUST FILE AN OBJECTION TO THE PETITION	778
WITHIN FOURTEEN DAYS AFTER PROOF OF SERVICE OF NOTICE OF THE	779
FILING OF THE PETITION AND OF THE TIME AND PLACE OF HEARING IS	780
GIVEN TO YOU. IF YOU WISH TO CONTEST THE ADOPTION, YOU MUST ALSO	781
APPEAR AT THE HEARING. A FINAL DECREE OF ADOPTION MAY BE ENTERED	782
IF YOU FAIL TO FILE AN OBJECTION TO THE ADOPTION PETITION OR	783
APPEAR AT THE HEARING."	784

(C) All notices required under this section shall be given as	785
specified in the Rules of Civil Procedure. Proof of the giving of	786
notice shall be filed with the court before the petition is	787
heard.	788

Sec. 3109.12.  (A) If a child is born to an unmarried woman,	789
the parents of the woman and any relative of the woman may file a	790
complaint requesting the court of common pleas of the county in	791
which the child resides to grant them reasonable companionship or	792
visitation rights with the child. If a child is born to an	793
unmarried woman and if the father of the child has acknowledged	794
the child and that acknowledgment has become final pursuant to	795
section 2151.232, 3111.25, or 3111.821 of the Revised Code or has	796
been determined in an action under Chapter 3111. of the Revised	797
Code to be the father of the child, the father may file a	798
complaint requesting that the court of appropriate jurisdiction of	799
the county in which the child resides grant him reasonable	800
parenting time rights with the child and the parents of the father	801
and any relative of the father may file a complaint requesting	802
that the court grant them reasonable companionship or visitation	803
rights with the child.	804

(B) The court may grant the parenting time rights or	805
companionship or visitation rights requested under division (A) of	806
this section, if it determines that the granting of the parenting	807
time rights or companionship or visitation rights is in the best	808
interest of the child. In determining whether to grant reasonable	809
parenting time rights or reasonable companionship or visitation	810
rights with respect to any child, the court shall consider all	811
relevant factors, including, but not limited to, the factors set	812
forth in division (D) of section 3109.051 of the Revised Code.	813
Divisions (C), (K), and (L) of section 3109.051 of the Revised	814
Code apply to the determination of reasonable parenting time	815
rights or reasonable companionship or visitation rights under this	816
section and to any order granting any such rights that is issued	817
under this section.	818

The marriage or remarriage of the mother or father of a child	819
does not affect the authority of the court under this section to	820
grant the natural father reasonable parenting time rights or the	821
parents or relatives of the natural father or the parents or	822
relatives of the mother of the child reasonable companionship or	823
visitation rights with respect to the child.	824

If the court denies a request for reasonable parenting time	825
rights or reasonable companionship or visitation rights made	826
pursuant to division (A) of this section and the complainant files	827
a written request for findings of fact and conclusions of law, the	828
court shall state in writing its findings of fact and conclusions	829
of law in accordance with Civil Rule 52.	830

Except as provided in division (E)(6) of section 3113.31 of	831
the Revised Code, if the court, pursuant to this section, grants	832
parenting time rights or companionship or visitation rights with	833
respect to any child, it shall not require the public children	834
services agency to provide supervision of or other services	835
related to that parent's exercise of parenting time rights with	836
the child or that person's exercise of companionship or visitation	837
rights with the child. This section does not limit the power of a	838
juvenile court pursuant to Chapter 2151. of the Revised Code to	839
issue orders with respect to children who are alleged to be	840
abused, neglected, or dependent children or to make dispositions	841
of children who are adjudicated abused, neglected, or dependent	842
children or of a common pleas court to issue orders pursuant to	843
section 3113.31 of the Revised Code.	844

Sec. 3109.19.  (A) As used in this section, "minor" has the	845
same meaning as in section 3107.01 of the Revised Code.	846

(B)(1) If a child is born to parents who are unmarried and	847
unemancipated minors, a parent of one of the minors is providing	848
support for the minors' child, and the minors have not signed an	849
acknowledgment of paternity or a parent and child relationship has	850
not been established between the child and the male minor, the	851
parent who is providing support for the child may request a	852
determination of the existence or nonexistence of a parent and	853
child relationship between the child and the male minor pursuant	854
to Chapter 3111. of the Revised Code.	855

(2) If a child is born to parents who are unmarried and	856
unemancipated minors, a parent of one of the minors is providing	857
support for the child, and the minors have signed an	858
acknowledgment of paternity that has become final pursuant to	859
section 2151.232, 3111.25, or 3111.821 of the Revised Code or a	860
parent and child relationship has been established between the	861
child and the male minor pursuant to Chapter 3111. of the Revised	862
Code, the parent who is providing support for the child may file a	863
complaint requesting that the court issue an order or may request	864
the child support enforcement agency of the county in which the	865
child resides to issue an administrative order requiring all of	866
the minors' parents to pay support for the child.	867

(C)(1) On receipt of a complaint filed under division (B)(2)	868
of this section, the court shall schedule a hearing to determine,	869
in accordance with Chapters 3119., 3121., 3123., and 3125. of the	870
Revised Code, the amount of child support the minors' parents are	871
required to pay, the method of paying the support, and the method	872
of providing for the child's health care needs. On receipt of a	873
request under division (B)(2) of this section, the agency shall	874
schedule a hearing to determine, in accordance with Chapters	875
3119., 3121., 3123., and 3125. of the Revised Code, the amount of	876
child support the minors' parents are required to pay, the method	877
of paying the support, and the method of providing for the child's	878
health care needs. At the conclusion of the hearing, the court or	879
agency shall issue an order requiring the payment of support of	880
the child and provision for the child's health care needs. The	881
court or agency shall calculate the child support amount using the	882
income of the minors' parents instead of the income of the minors.	883
If any of the minors' parents are divorced, the court or agency	884
shall calculate the child support as if they were married, and	885
issue a child support order requiring the parents to pay a portion	886
of any support imposed as a separate obligation. If a child	887
support order issued pursuant to section 2151.23, 2151.231,	888
2151.232, 3111.13, or 3111.81 of the Revised Code requires one of	889
the minors to pay support for the child, the amount the minor is	890
required to pay shall be deducted from any amount that minor's	891
parents are required to pay pursuant to an order issued under this	892
section. The hearing shall be held not later than sixty days	893
after the day the complaint is filed or the request is made nor	894
earlier than thirty days after the court or agency gives the	895
minors' parents notice of the action.	896

(2) An order issued by an agency for the payment of child	897
support shall include a notice stating all of the following: that	898
the parents of the minors may object to the order by filing a	899
complaint pursuant to division (B)(2) of this section with the	900
court requesting that the court issue an order requiring the	901
minors' parents to pay support for the child and provide for the	902
child's health care needs; that the complaint may be filed no	903
later than thirty days after the date of the issuance of the	904
agency's order; and that, if none of the parents of the minors	905
file a complaint pursuant to division (B)(2) of this section, the	906
agency's order is final and enforceable by a court and may be	907
modified and enforced only in accordance with Chapters 3119.,	908
3121., 3123., and 3125. of the Revised Code.	909

(D) An order issued by a court or agency under this section	910
shall remain in effect, except as modified pursuant to Chapters	911
3119., 3121., 3123., and 3125. of the Revised Code until the	912
occurrence of any of the following:	913

(1) The minor who resides with the parents required to pay	914
support under this section reaches the age of eighteen years,	915
dies, marries, enlists in the armed services, is deported, gains	916
legal or physical custody of the child, or is otherwise	917
emancipated.	918

(2) The child who is the subject of the order dies, is	919
adopted, is deported, or is transferred to the legal or physical	920
custody of the minor who lives with the parents required to pay	921
support under this section.	922

(3) The minor's parents to whom support is being paid	923
pursuant to this section is no longer providing any support for	924
the child.	925

(E) The minor's parents to whom support is being paid under a	926
child support order issued by a court or agency pursuant to this	927
section shall notify, and the minor's parents who are paying	928
support may notify the child support enforcement agency of the	929
occurrence of any event described in division (D) of this section.	930
A willful failure to notify the agency as required by this	931
division is contempt of court with respect to a court child	932
support order. Upon receiving notification pursuant to this	933
division, the agency shall comply with sections 3119.90 to 3119.94	934
of the Revised Code.	935

Sec. 3111.02.  (A) The parent and child relationship between	936
a child and the child's natural mother may be established by proof	937
of her having given birth to the child or pursuant to sections	938
3111.01 to 3111.18 or 3111.20 to 3111.85 of the Revised Code. The	939
parent and child relationship between a child and the natural	940
father of the child may be established by an acknowledgment of	941
paternity as provided in sections 3111.20 to 3111.35 of the	942
Revised Code, and pursuant to sections 3111.01 to 3111.18 or	943
3111.38 to 3111.54 of the Revised Code. The parent and child	944
relationship between a child and the adoptive parent of the child	945
may be established by proof of adoption or pursuant to Chapter	946
3107. of the Revised Code.	947

(B) A court that is determining a parent and child	948
relationship pursuant to this chapter shall give full faith and	949
credit to a parentage determination made under the laws of this	950
state or another state, regardless of whether the parentage	951
determination was made pursuant to a voluntary acknowledgement of	952
paternity, an administrative procedure, or a court proceeding.	953

Sec. 3111.03.  (A) A man is presumed to be the natural father	954
of a child under any of the following circumstances:	955

(1) The man and the child's mother are or have been married	956
to each other, and the child is born during the marriage or is	957
born within three hundred days after the marriage is terminated by	958
death, annulment, divorce, or dissolution or after the man and the	959
child's mother separate pursuant to a separation agreement.	960

(2) The man and the child's mother attempted, before the	961
child's birth, to marry each other by a marriage that was	962
solemnized in apparent compliance with the law of the state in	963
which the marriage took place, the marriage is or could be	964
declared invalid, and either of the following applies:	965

(a) The marriage can only be declared invalid by a court and	966
the child is born during the marriage or within three hundred days	967
after the termination of the marriage by death, annulment,	968
divorce, or dissolution;	969

(b) The attempted marriage is invalid without a court order	970
and the child is born within three hundred days after the	971
termination of cohabitation.	972

(3) An acknowledgment of paternity has been filed pursuant to	973
section 3111.23 or former section 5101.314 of the Revised Code and	974
has not become final under former section 3111.211 or 5101.314 or	975
section 2151.232, 3111.25, or 3111.821 of the Revised Code.	976

(B) A presumption that arises under this section can only be	977
rebutted by clear and convincing evidence that includes the	978
results of genetic testing, except that a presumption that is	979
conclusive as provided in division (A) of section 3111.95 or	980
division (B) of section 3111.97 of the Revised Code cannot be	981
rebutted. An acknowledgment of paternity that becomes final under	982
section 2151.232, 3111.25, or 3111.821 of the Revised Code is not	983
a presumption and shall be considered a final and enforceable	984
determination of paternity unless the acknowledgment is rescinded	985
under section 3111.28 or 3119.962 of the Revised Code. If two or	986
more conflicting presumptions arise under this section, the court	987
shall determine, based upon logic and policy considerations, which	988
presumption controls.	989

(C)(1) Except as provided in division (C)(2) of this section,	990
a presumption of paternity that arose pursuant to this section	991
prior to March 22, 2001, shall remain valid on and after that date	992
unless rebutted pursuant to division (B) of this section. This	993
division does not apply to a determination described in division	994
(B)(3) of this section as division (B)(3) of this section existed	995
prior to March 22, 2001.	996

(2) A presumption of paternity that arose prior to March 22,	997
2001, based on an acknowledgment of paternity that became final	998
under former section 3111.211 or, 5101.314, or section 2151.232 of	999
the Revised Code and a presumption of paternity that arose prior	1000
to the effective date of this amendment based on an acknowledgment	1001
of paternity that became final under former section 2151.232 or	1002
3111.25 of the Revised Code or section 3111.821 of the Revised	1003
Code as it existed prior to the effective date of this amendment	1004
is not a presumption and shall be considered a final and	1005
enforceable determination of paternity unless the acknowledgment	1006
iswas rescinded under former section 3111.28 or section 3119.962	1007
of the Revised Code prior to the effective date of this amendment.	1008

Sec. 3111.32.        Sec. 3111.21.  The department of job and family	1009
services shall prepare pamphlets that discuss the benefit of	1010
establishing a parent and child relationship, the proper procedure	1011
for establishing a parent and child relationship between a father	1012
and his child, and a toll-free telephone number that interested	1013
persons may call for more information regarding the procedures for	1014
establishing a parent and child relationship.	1015

Sec. 3111.33.        Sec. 3111.22.  The department of job and family	1016
services shall make available the pamphlets and the acknowledgment	1017
of paternity affidavits and statements to the department of	1018
health, to each hospital it has a contract with pursuant to	1019
section 3727.17 of the Revised Code, and to any individual who	1020
requests a pamphlet. The department of job and family services	1021
shall make available the affidavit acknowledging paternity to each	1022
county child support enforcement agency, the department of health,	1023
and any other person or agency that requests copies.	1024

Sec. 3111.35.        Sec. 3111.23.  The director of job and family	1025
services shall adopt rules pursuant to Chapter 119. of the Revised	1026
Code to implement sections 3111.20 to 3111.343111.22 of the	1027
Revised Code that are consistent with Title IV-D of the "Social	1028
Security Act," 88 Stat. 2351, 42 U.S.C. 651 et seq., as amended.	1029

Sec. 3111.381.  (A) Except as provided in divisions (B), (C),	1030
(D), and (E) of this section, no person may bring an action under	1031
sections 3111.01 to 3111.18 of the Revised Code unless the person	1032
has requested an administrative determination under section	1033
3111.38 of the Revised Code of the existence or nonexistence of a	1034
parent and child relationship.	1035

(B) An action to determine the existence or nonexistence of a	1036
parent and child relationship may be brought by the child's mother	1037
in the appropriate division of the court of common pleas in the	1038
county in which the child resides, without requesting an	1039
administrative determination, if the child's mother brings the	1040
action in order to request an order to determine the allocation of	1041
parental rights and responsibilities, the payment of all or any	1042
part of the reasonable expenses of the mother's pregnancy and	1043
confinement, or support of the child. The clerk of the court shall	1044
forward a copy of the complaint to the child support enforcement	1045
agency of the county in which the complaint is filed.	1046

(C) An action to determine the existence or nonexistence of a	1047
parent and child relationship may be brought by the putative	1048
father of the child in the appropriate division of the court of	1049
common pleas in the county in which the child resides, without	1050
requesting an administrative determination, if the putative father	1051
brings the action in order to request an order to determine the	1052
allocation of parental rights and responsibilities. The clerk of	1053
the court shall forward a copy of the complaint to the child	1054
support enforcement agency of the county in which the complaint is	1055
filed.	1056

(D) If services are requested by the court, under divisions	1057
(B) and (C) of this section, of the child support enforcement	1058
agency to determine the existence or nonexistence of a parent and	1059
child relationship, a Title IV-D application must be completed and	1060
delivered to the child support enforcement agency.	1061

(E) If the alleged father of a child is deceased and	1062
proceedings for the probate of the estate of the alleged father	1063
have been or can be commenced, the court with jurisdiction over	1064
the probate proceedings shall retain jurisdiction to determine the	1065
existence or nonexistence of a parent and child relationship	1066
between the alleged father and any child without an administrative	1067
determination being requested from a child support enforcement	1068
agency.	1069

If an action for divorce, dissolution of marriage, or legal	1070
separation, or an action under section 2151.231 or 2151.232 of the	1071
Revised Code requesting an order requiring the payment of child	1072
support and provision for the health care of a child, has been	1073
filed in a court of common pleas and a question as to the	1074
existence or nonexistence of a parent and child relationship	1075
arises, the court in which the original action was filed shall	1076
retain jurisdiction to determine the existence or nonexistence of	1077
the parent and child relationship without an administrative	1078
determination being requested from a child support enforcement	1079
agency.	1080

If a juvenile court or other court with jurisdiction under	1081
section 2101.022 or 2301.03 of the Revised Code issues a support	1082
order under section 2151.231 or former section 2151.232 of the	1083
Revised Code relying on a presumption under section 3111.03 of the	1084
Revised Code, the juvenile court or other court with jurisdiction	1085
that issued the support order shall retain jurisdiction if a	1086
question as to the existence of a parent and child relationship	1087
arises.	1088

Sec. 3111.64.  The office of child support in the department	1089
of job and family services shall establish and maintain a birth	1090
registry that shall contain all of the following information	1091
contained in orders determining the existence of a parent and	1092
child relationship and acknowledgments of paternity required to be	1093
filed with the office:	1094

(A) The names of the parents of the child subject to the	1095
order or acknowledgment;	1096

(B) The name of the child;

1097

(C) The resident address of each parent and each parent's	1098
social security number.	1099

Sec. 3111.66.  A court or child support enforcement agency,	1100
whichever is applicable, shall file the following with the office	1101
of child support:	1102

(A) An order issued pursuant to section 3111.13 of the	1103
Revised Code on or after January 1, 1998;	1104

(B) An order issued pursuant to former section 3111.22 of the	1105
Revised Code on or after January 1, 1998, that has become final	1106
and enforceable;	1107

(C) An order issued pursuant to section 3111.46 of the	1108
Revised Code on or after the effective date of this sectionMarch	1109
22, 2001.	1110

On the filing of an order pursuant to this section, the	1111
office shall enter the information on the order in the birth	1112
registry.	1113

Sec. 3111.72.  The contract between the department of job and	1114
family services and a local hospital shall require all of the	1115
following:	1116

(A) That the hospital provide a staff person to meet with	1117
each unmarried mother who gave birth in or en route to the	1118
hospital within twenty-four hours of the birth or before the	1119
mother is released from the hospital;	1120

(B) That the staff person attempt to meet with the father of	1121
the unmarried mother's child if possible;	1122

(C) That the staff person explain to the unmarried mother and	1123
the father, if he is present, the benefit to the child of	1124
establishing a parent and child relationship between the father	1125
and the child and the various proper procedures for establishing a	1126
parent and child relationship;	1127

(D) That the staff person present to the unmarried mother	1128
and, if possible, the father, the pamphlet or statement regarding	1129
the rights and responsibilities of a natural parent that is	1130
prepared and provided by the department of job and family services	1131
pursuant to section 3111.323111.21 of the Revised Code;	1132

(E) That the staff person provide the mother and, if	1133
possible, the father, all forms and statements necessary to	1134
voluntarily establish a parent and child relationship, including,	1135
but not limited to, the acknowledgment of paternity affidavit	1136
prepared by the department of job and family services pursuant to	1137
section 3111.31 of the Revised Code;	1138

(F) That the staff person, at the request of both the mother	1139
and father, help the mother and father complete any form or	1140
statement necessary to establish a parent and child relationship;	1141

(G) That the hospital provide a notary public to notarize an	1142
acknowledgment of paternity affidavit signed by the mother and	1143
father;	1144

(H) That the staff person present to an unmarried mother who	1145
is not participating in the Ohio works first program established	1146
under Chapter 5107. or receiving medical assistance under Chapter	1147
5111. of the Revised Code an application for Title IV-D services;	1148

(I) That the staff person forward any completed	1149
acknowledgment of paternity, no later than ten days after it is	1150
completed, to the office of child support in the department of job	1151
and family services;	1152

(J) That the department of job and family services pay the	1153
hospital twenty dollars for every correctly signed and notarized	1154
acknowledgment of paternity affidavit from the hospital.	1155

Sec. 3111.78.  A parent, guardian, or legal custodian of a	1156
child, the person with whom the child resides, or the child	1157
support enforcement agency of the county in which the child,	1158
parent, guardian, or legal custodian of the child resides may do	1159
the following to require a man to pay support and provide for the	1160
health care needs of the child if the man is presumed to be the	1161
natural father of the child under section 3111.03 of the Revised	1162
Code:	1163

(A) If the presumption is not based on an acknowledgment of	1164
paternity, fileFile a complaint pursuant to section 2151.231 of	1165
the Revised Code in the juvenile court or other court with	1166
jurisdiction under section 2101.022 or 2301.03 of the Revised Code	1167
of the county in which the child, parent, guardian, or legal	1168
custodian resides;	1169

(B) Ask an administrative officer of a child support	1170
enforcement agency to issue an administrative order pursuant to	1171
section 3111.81 of the Revised Code;	1172

(C) Contact a child support enforcement agency for assistance	1173
in obtaining an order for support and the provision of health care	1174
for the child.	1175

Sec. 3111.80.  If a request for issuance of an administrative	1176
support order is made under section 3111.29 or 3111.78 of the	1177
Revised Code or an administrative officer issues an administrative	1178
order determining the existence of a parent and child relationship	1179
under section 3111.46 of the Revised Code, the administrative	1180
officer shall schedule an administrative hearing to determine, in	1181
accordance with Chapters 3119. and 3121. of the Revised Code, the	1182
amount of child support any parent is required to pay, the method	1183
of payment of child support, and the method of providing for the	1184
child's health care.	1185

The administrative officer shall send the mother and the	1186
father of the child notice of the date, time, place, and purpose	1187
of the administrative hearing. With respect to an administrative	1188
hearing scheduled pursuant to an administrative order determining,	1189
pursuant to section 3111.46 of the Revised Code, the existence of	1190
a parent and child relationship, the officer shall attach the	1191
notice of the administrative hearing to the order and send it in	1192
accordance with that section. The Rules of Civil Procedure shall	1193
apply regarding the sending of the notice, except to the extent	1194
the civil rules, by their nature, are clearly inapplicable and	1195
except that references in the civil rules to the court or the	1196
clerk of the court shall be construed as being references to the	1197
child support enforcement agency or the administrative officer.	1198

The hearing shall be held no later than sixty days after the	1199
request is made under section 3111.29 or 3111.78 of the Revised	1200
Code or an administrative officer issues an administrative order	1201
determining the existence of a parent and child relationship under	1202
section 3111.46 of the Revised Code. The hearing shall not be held	1203
earlier than thirty days after the officer gives the mother and	1204
father notice of the hearing.	1205

Sec. 3111.821.  If a request is made pursuant to section	1206
3111.78 of the Revised Code for an administrative support order	1207
and the issue of the existence or nonexistence of a parent and	1208
child relationship is raised, the administrative officer shall	1209
treat the request as a request made pursuant to section 3111.38 of	1210
the Revised Code and determine the issue in accordance with that	1211
section. If the request made under section 3111.78 of the Revised	1212
Code is made based on an acknowledgment of paternity that has not	1213
become final, the administrative officer shall promptly notify the	1214
office of child support in the department of job and family	1215
services when the officer issues an order determining the	1216
existence or nonexistence of a parent and child relationship with	1217
respect to the child who is the subject of the acknowledgment of	1218
paternity. On receipt of the notice by the office, the	1219
acknowledgment of paternity shall be considered rescinded.	1220

If the parties do not raise the issue of the existence or	1221
nonexistence of a parent and child relationship pursuant to the	1222
request made under section 3111.78 of the Revised Code and an	1223
administrative order is issued pursuant to section 3111.81 of the	1224
Revised Code prior to the date the acknowledgment of paternity	1225
becomes final, the acknowledgment shall be considered final as of	1226
the date of the issuance of the order. An administrative order	1227
issued pursuant to section 3111.81 of the Revised Code shall not	1228
affect an acknowledgment that becomes final prior to the issuance	1229
of the order.	1230

Sec. 3119.01.  (A) As used in the Revised Code, "child	1231
support enforcement agency" means a child support enforcement	1232
agency designated under former section 2301.35 of the Revised Code	1233
prior to October 1, 1997, or a private or government entity	1234
designated as a child support enforcement agency under section	1235
307.981 of the Revised Code.	1236

(B) As used in this chapter and Chapters 3121., 3123., and	1237
3125. of the Revised Code:	1238

(1) "Administrative child support order" means any order	1239
issued by a child support enforcement agency for the support of a	1240
child pursuant to section 3109.19 or 3111.81 of the Revised Code	1241
or former section 3111.211 of the Revised Code, section 3111.21 of	1242
the Revised Code as that section existed prior to January 1, 1998,	1243
or section 3111.20 or 3111.22 of the Revised Code as those	1244
sections existed prior to March 22, 2001.	1245

(2) "Child support order" means either a court child support	1246
order or an administrative child support order.	1247

(3) "Obligee" means the person who is entitled to receive the	1248
support payments under a support order.	1249

(4) "Obligor" means the person who is required to pay support	1250
under a support order.	1251

(5) "Support order" means either an administrative child	1252
support order or a court support order.	1253

(C) As used in this chapter:

1254

(1) "Combined gross income" means the combined gross income	1255
of both parents.	1256

(2) "Court child support order" means any order issued by a	1257
court for the support of a child pursuant to Chapter 3115. of the	1258
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,	1259
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13,	1260
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised	1261
Code, former section 2151.232 of the Revised Code, or division (B)	1262
of former section 3113.21 of the Revised Code.	1263

(3) "Court support order" means either a court child support	1264
order or an order for the support of a spouse or former spouse	1265
issued pursuant to Chapter 3115. of the Revised Code, section	1266
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B)	1267
of former section 3113.21 of the Revised Code.	1268

(4) "Extraordinary medical expenses" means any uninsured	1269
medical expenses incurred for a child during a calendar year that	1270
exceed one hundred dollars.	1271

(5) "Income" means either of the following:

1272

(a) For a parent who is employed to full capacity, the gross	1273
income of the parent;	1274

(b) For a parent who is unemployed or underemployed, the sum	1275
of the gross income of the parent and any potential income of the	1276
parent.	1277

(6) "Insurer" means any person authorized under Title XXXIX	1278
of the Revised Code to engage in the business of insurance in this	1279
state, any health insuring corporation, and any legal entity that	1280
is self-insured and provides benefits to its employees or members.	1281

(7) "Gross income" means, except as excluded in division	1282
(C)(7) of this section, the total of all earned and unearned	1283
income from all sources during a calendar year, whether or not the	1284
income is taxable, and includes income from salaries, wages,	1285
overtime pay, and bonuses to the extent described in division (D)	1286
of section 3119.05 of the Revised Code; commissions; royalties;	1287
tips; rents; dividends; severance pay; pensions; interest; trust	1288
income; annuities; social security benefits, including retirement,	1289
disability, and survivor benefits that are not means-tested;	1290
workers' compensation benefits; unemployment insurance benefits;	1291
disability insurance benefits; benefits that are not means-tested	1292
and that are received by and in the possession of the veteran who	1293
is the beneficiary for any service-connected disability under a	1294
program or law administered by the United States department of	1295
veterans' affairs or veterans' administration; spousal support	1296
actually received; and all other sources of income. "Gross income"	1297
includes income of members of any branch of the United States	1298
armed services or national guard, including, amounts representing	1299
base pay, basic allowance for quarters, basic allowance for	1300
subsistence, supplemental subsistence allowance, cost of living	1301
adjustment, specialty pay, variable housing allowance, and pay for	1302
training or other types of required drills; self-generated income;	1303
and potential cash flow from any source.	1304

"Gross income" does not include any of the following:

1305

(a) Benefits received from means-tested government	1306
administered programs, including Ohio works first; prevention,	1307
retention, and contingency; means-tested veterans' benefits;	1308
supplemental security income; food stamps; disability financial	1309
assistance; or other assistance for which eligibility is	1310
determined on the basis of income or assets;	1311

(b) Benefits for any service-connected disability under a	1312
program or law administered by the United States department of	1313
veterans' affairs or veterans' administration that are not	1314
means-tested, that have not been distributed to the veteran who is	1315
the beneficiary of the benefits, and that are in the possession of	1316
the United States department of veterans' affairs or veterans'	1317
administration;	1318

(c) Child support received for children who were not born or	1319
adopted during the marriage at issue;	1320

(d) Amounts paid for mandatory deductions from wages such as	1321
union dues but not taxes, social security, or retirement in lieu	1322
of social security;	1323

(e) Nonrecurring or unsustainable income or cash flow items;

1324

(f) Adoption assistance and foster care maintenance payments	1325
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.	1326
501, 42 U.S.C.A. 670 (1980), as amended.	1327

(8) "Nonrecurring or unsustainable income or cash flow item"	1328
means an income or cash flow item the parent receives in any year	1329
or for any number of years not to exceed three years that the	1330
parent does not expect to continue to receive on a regular basis.	1331
"Nonrecurring or unsustainable income or cash flow item" does not	1332
include a lottery prize award that is not paid in a lump sum or	1333
any other item of income or cash flow that the parent receives or	1334
expects to receive for each year for a period of more than three	1335
years or that the parent receives and invests or otherwise uses to	1336
produce income or cash flow for a period of more than three years.	1337

(9)(a) "Ordinary and necessary expenses incurred in	1338
generating gross receipts" means actual cash items expended by the	1339
parent or the parent's business and includes depreciation expenses	1340
of business equipment as shown on the books of a business entity.	1341

(b) Except as specifically included in "ordinary and	1342
necessary expenses incurred in generating gross receipts" by	1343
division (C)(9)(a) of this section, "ordinary and necessary	1344
expenses incurred in generating gross receipts" does not include	1345
depreciation expenses and other noncash items that are allowed as	1346
deductions on any federal tax return of the parent or the parent's	1347
business.	1348

(10) "Personal earnings" means compensation paid or payable	1349
for personal services, however denominated, and includes wages,	1350
salary, commissions, bonuses, draws against commissions, profit	1351
sharing, vacation pay, or any other compensation.	1352

(11) "Potential income" means both of the following for a	1353
parent who the court pursuant to a court support order, or a child	1354
support enforcement agency pursuant to an administrative child	1355
support order, determines is voluntarily unemployed or voluntarily	1356
underemployed:	1357

(a) Imputed income that the court or agency determines the	1358
parent would have earned if fully employed as determined from the	1359
following criteria:	1360

(i) The parent's prior employment experience;

1361

(ii) The parent's education;

1362

(iii) The parent's physical and mental disabilities, if any;

1363

(iv) The availability of employment in the geographic area in	1364
which the parent resides;	1365

(v) The prevailing wage and salary levels in the geographic	1366
area in which the parent resides;	1367

(vi) The parent's special skills and training;

1368

(vii) Whether there is evidence that the parent has the	1369
ability to earn the imputed income;	1370

(viii) The age and special needs of the child for whom child	1371
support is being calculated under this section;	1372

(ix) The parent's increased earning capacity because of	1373
experience;	1374

(x) Any other relevant factor.

1375

(b) Imputed income from any nonincome-producing assets of a	1376
parent, as determined from the local passbook savings rate or	1377
another appropriate rate as determined by the court or agency, not	1378
to exceed the rate of interest specified in division (A) of	1379
section 1343.03 of the Revised Code, if the income is significant.	1380

(12) "Schedule" means the basic child support schedule set	1381
forth in section 3119.021 of the Revised Code.	1382

(13) "Self-generated income" means gross receipts received by	1383
a parent from self-employment, proprietorship of a business, joint	1384
ownership of a partnership or closely held corporation, and rents	1385
minus ordinary and necessary expenses incurred by the parent in	1386
generating the gross receipts. "Self-generated income" includes	1387
expense reimbursements or in-kind payments received by a parent	1388
from self-employment, the operation of a business, or rents,	1389
including company cars, free housing, reimbursed meals, and other	1390
benefits, if the reimbursements are significant and reduce	1391
personal living expenses.	1392

(14) "Split parental rights and responsibilities" means a	1393
situation in which there is more than one child who is the subject	1394
of an allocation of parental rights and responsibilities and each	1395
parent is the residential parent and legal custodian of at least	1396
one of those children.	1397

(15) "Worksheet" means the applicable worksheet that is used	1398
to calculate a parent's child support obligation as set forth in	1399
sections 3119.022 and 3119.023 of the Revised Code.	1400

Sec. 3119.961.  (A) Notwithstanding the provisions to the	1401
contrary in Civil Rule 60(B) and in accordance with this section,	1402
a person may file a motion for relief from a final judgment, court	1403
order, or administrative determination or order that determines	1404
that the person or a male minor referred to in division (B) of	1405
section 3109.19 of the Revised Code is the father of a child or	1406
from a child support order under which the person or male minor is	1407
the obligor. Except as otherwise provided in this section, the	1408
person shall file the motion in the division of the court of	1409
common pleas of the county in which the original judgment, court	1410
order, or child support order was made or issued or in the	1411
division of the court of common pleas of the county that has	1412
jurisdiction involving the administrative determination or order.	1413
If the determination of paternity is an acknowledgment of	1414
paternity that has become final under section 2151.232, 3111.25,	1415
or 3111.821 of the Revised Code or former section 2151.232,	1416
3111.211, 3111.25, or 5101.314 of the Revised Code or section	1417
3111.821 of the Revised Code as it existed prior to the effective	1418
date of this amendment, the person shall file the motion in the	1419
juvenile court or other court with jurisdiction of the county in	1420
which the person or the child who is the subject of the	1421
acknowledgment resides.	1422

(B) On the motion of any adverse party or on its own motion,	1423
the court in which an action is brought under this section may	1424
transfer the action to the county in which an adverse party	1425
resides when it appears to the court that the location of the	1426
original venue presents a hardship for that adverse party.	1427

Sec.  3119.962.  (A)(1) Upon the filing of a motion for relief	1428
under section 3119.961 of the Revised Code, a court shall grant	1429
relief from a final judgment, court order, or administrative	1430
determination or order that determines that a person or male minor	1431
is the father of a child or from a child support order under which	1432
a person or male minor is the obligor if all of the following	1433
apply:	1434

(a) The court receives genetic test results from a genetic	1435
test administered no more than six months prior to the filing of	1436
the motion for relief that finds that there is a zero per cent	1437
probability that the person or male minor is the father of the	1438
child.	1439

(b) The person or male minor has not adopted the child.

1440

(c) The child was not conceived as a result of artificial	1441
insemination in compliance with sections 3111.88 to 3111.96 of the	1442
Revised Code.	1443

(2) A court shall not deny relief from a final judgment,	1444
court order, or administrative determination or order that	1445
determines that a person or male minor is the father of a child or	1446
from a child support order under which a person or male minor is	1447
the obligor solely because of the occurrence of any of the	1448
following acts if the person or male minor at the time of or prior	1449
to the occurrence of that act did not know that he was not the	1450
natural father of the child:	1451

(a) The person or male minor was required to support the	1452
child by a child support order.	1453

(b) The person or male minor validly signed the child's birth	1454
certificate as an informant as provided in section 3705.09 of the	1455
Revised Code as that section existed prior to January 1, 1998.	1456

(c) The person or male minor was named in an acknowledgment	1457
of paternity of the child that a court entered upon its journal	1458
pursuant to former section 2105.18 of the Revised Code.	1459

(d) The person or male minor was named in an acknowledgment	1460
of paternity of the child that has becomebecame final under	1461
section 2151.232, 3111.25, or 3111.821 of the Revised Code or	1462
former section 2151.232, 3111.211, 3111.25, or 5101.314 of the	1463
Revised Code or section 3111.821 of the Revised Code as it existed	1464
prior to the effective date of this amendment.	1465

(e) The person or male minor was presumed to be the natural	1466
father of the child under any of the circumstances listed in	1467
section 3111.03 of the Revised Code.	1468

(f) The person or male minor was presumed to be the natural	1469
father of the child under any of the circumstances listed in:	1470

(i) Division (A)(3) of section 3111.03 of the Revised Code as	1471
that division existed prior to January 1, 1998;	1472

(ii) Division (A)(3) of section 3111.03 of the Revised Code	1473
as that division existed on and after January 1, 1998, and prior	1474
to the effective date of this amendmentMarch 22, 2001;	1475

(iii) Division (A)(5) of section 3111.03 of the Revised Code	1476
as that division existed prior to the effective date of this	1477
amendmentMarch 22, 2001.	1478

(g) The person or male minor was determined to be the father	1479
of the child in a parentage action under Chapter 3111. of the	1480
Revised Code.	1481

(h) The person or male minor otherwise admitted or	1482
acknowledged himself to be the child's natural father.	1483

(B) A court shall not grant relief from a final judgment,	1484
court order, or administrative determination or order that	1485
determines that a person or male minor is the father of a child or	1486
from a child support order under which a person or male minor is	1487
the obligor if the court determines, by a preponderance of the	1488
evidence, that the person or male minor knew that he was not the	1489
natural father of the child before any of the following:	1490

(1) Any act listed in divisions (A)(2)(a) to (d) and	1491
(A)(2)(f) of this section occurred.	1492

(2) The person or male minor was presumed to be the natural	1493
father of the child under any of the circumstances listed in	1494
divisionsdivision (A)(1) to (3) of section 3111.03 of the Revised	1495
Code.	1496

(3) The person or male minor otherwise admitted or	1497
acknowledged himself to be the child's father.	1498

(C) If the determination of paternity from which relief is	1499
sought is an acknowledgment of paternity that has become final	1500
under section 2151.232, 3111.25, or 3111.821 of the Revised Code	1501
or former section 2151.232, 3111.211, 3111.25, or 5101.314 of the	1502
Revised Code or section 3111.821 of the Revised Code as it existed	1503
prior to the effective date of this amendment, and the court	1504
grants the motion for relief, it shall order the acknowledgment to	1505
be rescinded and destroyed and order the department of job and	1506
family services to remove all information relating to the	1507
acknowledgment from the birth registry.	1508

Sec. 3125.28.  (A) Notwithstanding any other section of the	1509
Revised Code and except as provided in section 3125.29 of the	1510
Revised Code, a child support enforcement agency shall collect and	1511
disburse all support amounts under a support order it is	1512
administering pursuant to law as it existed prior to January 1,	1513
1998, and shall collect the additional amount imposed under	1514
division (G)(1) of section 2301.35 of the Revised Code as it	1515
existed prior to January 1, 1998, until the support order is	1516
converted to the automated data processing system under section	1517
3125.07 of the Revised Code and the office of child support	1518
authorizes centralized collection and disbursement of support	1519
amounts under the support order pursuant to the rules adopted	1520
under section 3121.71 of the Revised Code.	1521

(B) Notwithstanding any other section of the Revised Code and	1522
except as provided in section 3125.29 of the Revised Code, the	1523
agency administering the support order shall collect the amounts	1524
permitted to be collected, and perform other duties required, with	1525
respect to the support order pursuant to division (D)(1) of	1526
section 2301.373, division (B)(3)(a) of section 2301.374,	1527
divisions (E)(4)(b), (F), and (I) of former section 3111.23,	1528
division (E) of section 3111.99, divisions (G)(4)(b), (H)(3), and	1529
(K) of former section 3113.21, division (B) of section 3113.212,	1530
division (E) of section 3113.99, and division (A)(3) of section	1531
5101.323 of the Revised Code as those sections existed prior to	1532
January 1, 1998, and the agency shall collect the amounts	1533
permitted to be collected by the office of child support, and	1534
perform other duties required of the office, with respect to the	1535
support order pursuant to section 3123.62 and section 3123.72 of	1536
the Revised Code, until the support order is converted and	1537
authorization for centralized collection and disbursement is	1538
given.	1539

Sec. 3305.21.  (A) As used in this section, "alternate	1540
payee," "benefit," "lump sum payment," and "participant" have the	1541
same meanings as in section 3105.80 of the Revised Code.	1542

(B) On receipt of an order issued under section 3105.171 or	1543
3105.65 of the Revised Code, an entity providing a participant's	1544
alternative retirement plan shall determine whether the order	1545
meets the requirements of sections 3105.80 to 3105.90 of the	1546
Revised Code, the. The entity shall retain in the particant's	1547
participant's record an order the entity determines meets the	1548
requirements. Not later than ten days after receipt, the entity	1549
shall return to the court that issued the order any order the	1550
entity determines does not meet the requirements.	1551

(C) The entity shall comply with an order retained under	1552
division (B) of this section at the following times as	1553
appropriate:	1554

(1) If the participant has applied for or is receiving a	1555
benefit or has applied for but not yet received a lump sum	1556
payment, as soon as practicable;	1557

(2) If the participant has not applied for a benefit or lump	1558
sum payment, on application by the participant for a benefit or	1559
lump sum payment.	1560

(D) If an entity providing an alternative retirement plan is	1561
required to transfer a participant's account balance to an entity	1562
providing an alternative retirement plan that is not named in the	1563
order, the transferring entity shall do both of the following:	1564

(1) Notify the court that issued the order by sending the	1565
court a copy of the order and the name and address of the entity	1566
to which the transfer was made.	1567

(2) Send a copy of the order to the entity to which the	1568
transfer was made.	1569

(E) An entity that receives a participant's account balance	1570
and a copy of an order as provided in division (D) of this	1571
section, shall administer the order as if it were the entity named	1572
in the order.	1573

(F) If a participant's benefit or lump sum payment is or will	1574
be subject to more than one order described in section 3105.81 of	1575
the Revised Code or to an order described in section 3105.81 of	1576
the Revised Code and a withholding order under sectionformer	1577
section 3111.23 or 3113.21 of the Revised Code, the entity	1578
providing the alternative retirement plan shall, after determining	1579
that the amounts that are or will be withheld will cause the	1580
benefit or lump sum payment to fall below the limits described in	1581
section 3105.85 of the Revised Code, do all of the following:	1582

(1) Establish, in accordance with division (G) of this	1583
section and subject to the limits described in section 3105.85 of	1584
the Revised Code, the priority in which the orders are or will be	1585
paid;	1586

(2) Reduce the amount paid to an alternate payee based on the	1587
priority established under division (F)(1) of this section;	1588

(3) Notify, by regular mail, a participant and alternate	1589
payee of any action taken under this division.	1590

(G) A withholding or deduction notice issued under section	1591
former section 3111.23 or 3113.21 of the Revised Code or an order	1592
described in section 3115.32 of the Revised Code has priority over	1593
all other orders and shall be complied with in accordance with	1594
child support enforcement laws. All other orders are entitled to	1595
priority in order of earliest retention by the entity providing a	1596
participant's alternative retirement plan. The entity is not to	1597
retain an order that provides for the division of property unless	1598
the order is filed in a court with jurisdiction in this state.	1599

(H) An entity providing an alternative retirement plan is not	1600
liable in civil damages for loss resulting from any action or	1601
failure to act in compliance with this section.	1602

Sec. 3307.371.  (A) As used in this section, "alternate	1603
payee," "benefit," "lump sum payment," "participant," and "public	1604
retirement program" have the same meanings as in section 3105.80	1605
of the Revised Code.	1606

(B) On receipt of an order issued under section 3105.171 or	1607
3105.65 of the Revised Code, the state teachers retirement system	1608
shall determine whether the order meets the requirements of	1609
sections 3105.80 to 3105.90 of the Revised Code. The system shall	1610
retain in the participant's record an order the board determines	1611
meets the requirements. Not later than sixty days after receipt,	1612
the system shall return to the court that issued the order any	1613
order the system determines does not meet the requirements.	1614

(C) The system shall comply with an order retained under	1615
division (B) of this section at the following times as	1616
appropriate:	1617

(1) If the participant has applied for or is receiving a	1618
benefit or has applied for but not yet received a lump sum	1619
payment, as soon as practicable;	1620

(2) If the participant has not applied for a benefit or lump	1621
sum payment, on application by the participant for a benefit or	1622
lump sum payment.	1623

(D) If the system transfers a participant's service credit or	1624
contributions made by or on behalf of a participant to a public	1625
retirement program that is not named in the order, the system	1626
shall do both of the following:	1627

(1) Notify the court that issued the order by sending to the	1628
court a copy of the order and the name and address of the public	1629
retirement program to which the transfer was made.	1630

(2) Send a copy of the order to the public retirement program	1631
to which the transfer was made.	1632

(E) If it receives a participant's service credit or	1633
contributions and a copy of an order as provided in division (D)	1634
of this section, the system shall administer the order as if it	1635
were the public retirement program named in the order.	1636

(F) If a participant's benefit or lump sum payment is or will	1637
be subject to more than one order described in section 3105.81 of	1638
the Revised Code or to an order described in section 3105.81 of	1639
the Revised Code and a withholding order under sectionformer	1640
section 3111.23 or 3113.21 of the Revised Code, the system shall,	1641
after determining that the amounts that are or will be withheld	1642
will cause the benefit or lump sum payment to fall below the	1643
limits described in section 3105.85 of the Revised Code, do all of	1644
the following:	1645

(1) Establish, in accordance with division (G) of this	1646
section and subject to the limits described in section 3105.85 of	1647
the Revised Code, the priority in which the orders are or will be	1648
paid by the system in accordance with division (G) of this	1649
section;	1650

(2) Reduce the amount paid to an alternate payee based on the	1651
priority established under division (F)(1) of this section;	1652

(3) Notify, by regular mail, a participant and alternate	1653
payee of any action taken under this division.	1654

(G) A withholding or deduction notice issued under section	1655
former section 3111.23 or 3113.21 of the Revised Code or an order	1656
described in section 3115.32 of the Revised Code has priority over	1657
all other orders and shall be complied with in accordance with	1658
child support enforcement laws. All other orders are entitled to	1659
priority in order of earliest retention by the system. The system	1660
is not to retain an order that provides for the division of	1661
property unless the order is filed in a court with jurisdiction in	1662
this state.	1663

(H) The system is not liable in civil damages for loss	1664
resulting from any action or failure to act in compliance with	1665
this section.	1666

Sec. 3309.671.  (A) As used in this section, "alternate	1667
payee," "benefit," "lump sum payment," "participant," and "public	1668
retirement program" have the same meanings as in section 3105.80	1669
of the Revised Code.	1670

(B) On receipt of an order issued under section 3105.171 or	1671
3105.65 of the Revised Code, the school employees retirement	1672
system shall determine whether the order meets the requirements of	1673
sections 3105.80 to 3105.90 of the Revised Code. The system shall	1674
retain in the participant's record an order the system determines	1675
meets the requirements. Not later than sixty days after receipt,	1676
the system shall return to the court that issued the order any	1677
order the system determines does not meet the requirements.	1678

(C) The system shall comply with an order retained under	1679
division (B) of this section at the following times as	1680
appropriate:	1681

(1) If the participant has applied for or is receiving a	1682
benefit or has applied for but not yet received a lump sum	1683
payment, as soon as practicable;	1684

(2) If the participant has not applied for a benefit or lump	1685
sum payment, on application by the participant for a benefit or	1686
lump sum payment.	1687

(D) If the system transfers a participant's service credit or	1688
contributions made by or on behalf of a participant to a public	1689
retirement program that is not named in the order, the system	1690
shall do both of the following:	1691

(1) Notify the court that issued the order by sending the	1692
court a copy of the order and the name and address of the public	1693
retirement program to which the transfer was made.	1694

(2) Send a copy of the order to the public retirement program	1695
to which the transfer was made.	1696

(E) If it receives a participant's service credit or	1697
contributions and a copy of an order as provided in division (D)	1698
of this section, the system shall administer the order as if it	1699
were the public retirement program named in the order.	1700

(F) If a participant's benefit or lump sum payment is or will	1701
be subject to more than one order described in section 3105.81 of	1702
the Revised Code or to an order described in section 3105.81 of	1703
the Revised Code and a withholding order under sectionformer	1704
section 3111.23 or 3113.21 of the Revised Code, the system shall,	1705
after determining that the amounts that are or will be withheld	1706
will cause the benefit or lump sum payment to fall below the	1707
limits described in section 3105.85 of the Revised Code, do all of	1708
the following:	1709

(1) Establish, in accordance with division (G) of this	1710
section and subject to the limits described in section 3105.85 of	1711
the Revised Code, the priority in which the orders are or will be	1712
paid by the system;	1713

(2) Reduce the amount paid to an alternate payee based on the	1714
priority established under division (F)(1) of this section;	1715

(3) Notify, by regular mail, a participant and alternate	1716
payee of any action taken under this division.	1717

(G) A withholding or deduction notice issued under section	1718
former section 3111.23 or 3113.21 of the Revised Code or an order	1719
described in section 3115.32 of the Revised Code has priority over	1720
all other orders and shall be complied with in accordance with	1721
child support enforcement laws. All other orders are entitled to	1722
priority in order of earliest retention by the system. The system	1723
is not to retain an order that provides for the division of	1724
property unless the order is filed in a court with jurisdiction in	1725
this state.	1726

(H) The system is not liable in civil damages for loss	1727
resulting from any action or failure to act in compliance with	1728
this section.	1729

Sec. 3705.09.  (A) A birth certificate for each live birth in	1730
this state shall be filed in the registration district in which it	1731
occurs within ten days after such birth and shall be registered if	1732
it has been completed and filed in accordance with this section.	1733

(B) When a birth occurs in or en route to an institution, the	1734
person in charge of the institution or a designated representative	1735
shall obtain the personal data, prepare the certificate, secure	1736
the signatures required, and file the certificate within ten days	1737
with the local registrar of vital statistics. The physician in	1738
attendance shall provide the medical information required by the	1739
certificate and certify to the facts of birth within seventy-two	1740
hours after the birth.	1741

(C) When a birth occurs outside an institution, the birth	1742
certificate shall be prepared and filed by one of the following in	1743
the indicated order of priority:	1744

(1) The physician in attendance at or immediately after the	1745
birth;	1746

(2) Any other person in attendance at or immediately after	1747
the birth;	1748

(3) The father;

1749

(4) The mother;

1750

(5) The person in charge of the premises where the birth	1751
occurred.	1752

(D) Either of the parents of the child or other informant	1753
shall attest to the accuracy of the personal data entered on the	1754
birth certificate in time to permit the filing of the certificate	1755
within the ten days prescribed in this section.	1756

(E) When a birth occurs in a moving conveyance within the	1757
United States and the child is first removed from the conveyance	1758
in this state, the birth shall be registered in this state and the	1759
place where it is first removed shall be considered the place of	1760
birth. When a birth occurs on a moving conveyance while in	1761
international waters or air space or in a foreign country or its	1762
air space and the child is first removed from the conveyance in	1763
this state, the birth shall be registered in this state but the	1764
record shall show the actual place of birth insofar as can be	1765
determined.	1766

(F)(1) If the mother of a child was married at the time of	1767
either conception or birth or between conception and birth, the	1768
child shall be registered in the surname designated by the mother,	1769
and the name of the husband shall be entered on the certificate as	1770
the father of the child. The presumption of paternity shall be in	1771
accordance with section 3111.03 of the Revised Code.	1772

(2) If the mother was not married at the time of conception	1773
or birth or between conception and birth, the child shall be	1774
registered by the surname designated by the mother. The name of	1775
the father of such child shall also be inserted on the birth	1776
certificate if both the mother and the father sign an	1777
acknowledgement of paternity affidavit before the birth record has	1778
been sent to the local registrar. If the father is not named on	1779
the birth certificate pursuant to division (F)(1) or (2) of this	1780
section, no other information about the father shall be entered on	1781
the record.	1782

(G) When a man is presumed, found, or declared to be the	1783
father of a child, according to section 2105.26, sections 3111.01	1784
to 3111.18, former section 3111.21, or sections 3111.38 to 3111.54	1785
of the Revised Code, or the father has acknowledged the child as	1786
his child in an acknowledgment of paternity, and the	1787
acknowledgment has become final pursuant to section 2151.232,	1788
3111.25, or 3111.821 of the Revised Code, and documentary	1789
evidence of such fact is submitted to the department of health in	1790
such form as the director may require, a new birth record shall be	1791
issued by the department which shall have the same overall	1792
appearance as the record which would have been issued under this	1793
section if a marriage had occurred before the birth of such child.	1794
Where handwriting is required to effect such appearance, the	1795
department shall supply it. Upon the issuance of such new birth	1796
record, the original birth record shall cease to be a public	1797
record. Except as provided in division (C) of section 3705.091 of	1798
the Revised Code, theThe original record and any documentary	1799
evidence supporting the new registration of birth shall be placed	1800
in an envelope which shall be sealed by the department and shall	1801
not be open to inspection or copy unless so ordered by a court of	1802
competent jurisdiction.	1803

The department shall then promptly forward a copy of the new	1804
birth record to the local registrar of vital statistics of the	1805
district in which the birth occurred, and such local registrar	1806
shall file a copy of such new birth record along with and in the	1807
same manner as the other copies of birth records in such local	1808
registrar's possession. All copies of the original birth record in	1809
the possession of the local registrar or the probate court, as	1810
well as any and all index references to it, shall be destroyed.	1811
Such new birth record, as well as any certified or exact copy of	1812
it, when properly authenticated by a duly authorized person shall	1813
be prima-facie evidence in all courts and places of the facts	1814
stated in it.	1815

(H) When a woman who is a legal resident of this state has	1816
given birth to a child in a foreign country that does not have a	1817
system of registration of vital statistics, a birth record may be	1818
filed in the office of vital statistics on evidence satisfactory	1819
to the director of health.	1820

(I) Every birth certificate filed under this section on or	1821
after July 1, 1990, shall be accompanied by all social security	1822
numbers that have been issued to the parents of the child, unless	1823
the division of child support in the department of job and family	1824
services, acting in accordance with regulations prescribed under	1825
the "Family Support Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 405,	1826
as amended, finds good cause for not requiring that the numbers be	1827
furnished with the certificate. The parents' social security	1828
numbers shall not be recorded on the certificate. The local	1829
registrar of vital statistics shall transmit the social security	1830
numbers to the state office of vital statistics in accordance with	1831
section 3705.07 of the Revised Code. No social security number	1832
obtained under this division shall be used for any purpose other	1833
than child support enforcement.	1834

Sec. 3705.24.  (A)(1) The public health council shall, in	1835
accordance with section 111.15 of the Revised Code, adopt rules	1836
prescribing fees for the following services provided by the state	1837
office of vital statistics:	1838

(a) Except as provided in division (A)(4) of this section:

1839

(i) A certified copy of a vital record or a certification of	1840
birth;	1841

(ii) A search by the office of vital statistics of its files	1842
and records pursuant to a request for information, regardless of	1843
whether a copy of a record is provided;	1844

(iii) A copy of a record provided pursuant to a request;

1845

(b) Replacement of a birth certificate following an adoption,	1846
legitimation, paternity determination or acknowledgement, or court	1847
order;	1848

(c) Filing of a delayed registration of a vital record;

1849

(d) Amendment of a vital record that is requested later than	1850
one year after the filing date of the vital record;	1851

(e) Any other documents or services for which the public	1852
health council considers the charging of a fee appropriate.	1853

(2) Fees prescribed under division (A)(1)(a) of this section	1854
shall not be less than seven dollars.	1855

(3) Fees prescribed under division (A)(1) of this section	1856
shall be collected in addition to any fees required by sections	1857
3109.14 and 3705.242 of the Revised Code.	1858

(4) Fees prescribed under division (A) of this section shall	1859
not apply to certifications issued under division (H) of this	1860
section or copies provided under section 3705.241 of the Revised	1861
Code.	1862

(B) In addition to the fees prescribed under division (A) of	1863
this section or section 3709.09 of the Revised Code, the office of	1864
vital statistics or the board of health of a city or general	1865
health district shall charge a five-dollar fee for each certified	1866
copy of a vital record and each certification of birth. This fee	1867
shall be deposited in the general operations fund created under	1868
section 3701.83 of the Revised Code and be used to support the	1869
operations, the modernization, and the automation of the vital	1870
records program in this state. A board of health shall forward	1871
all fees collected under this division to the department of	1872
health not later than thirty days after the end of each calendar	1873
quarter.	1874

(C) Except as otherwise provided in division (H) of this	1875
section, and except as provided in section 3705.241 of the Revised	1876
Code, fees collected by the director of health under sections	1877
3705.01 to 3705.29 of the Revised Code shall be paid into the	1878
state treasury to the credit of the general operations fund	1879
created by section 3701.83 of the Revised Code. Except as	1880
provided in division (B) of this section, money generated by the	1881
fees shall be used only for administration and enforcement of this	1882
chapter and the rules adopted under it. Amounts submitted to the	1883
department of health for copies of vital records or services in	1884
excess of the fees imposed by this section shall be dealt with as	1885
follows:	1886

(1) An overpayment of two dollars or less shall be retained	1887
by the department and deposited in the state treasury to the	1888
credit of the general operations fund created by section 3701.83	1889
of the Revised Code.	1890

(2) An overpayment in excess of two dollars shall be returned	1891
to the person who made the overpayment.	1892

(D) If a local registrar is a salaried employee of a city or	1893
a general health district, any fees the local registrar receives	1894
pursuant to section 3705.23 of the Revised Code shall be paid into	1895
the general fund of the city or the health fund of the general	1896
health district.	1897

Each local registrar of vital statistics, or each health	1898
district where the local registrar is a salaried employee of the	1899
district, shall be entitled to a fee for each birth, fetal death,	1900
death, or military service certificate properly and completely	1901
made out and registered with the local registrar or district and	1902
correctly copied and forwarded to the office of vital statistics	1903
in accordance with the population of the primary registration	1904
district at the last federal census. The fee for each birth, fetal	1905
death, death, or military service certificate shall be:	1906

(1) In primary registration districts of over two hundred	1907
fifty thousand, twenty cents;	1908

(2) In primary registration districts of over one hundred	1909
twenty-five thousand and less than two hundred fifty thousand,	1910
sixty cents;	1911

(3) In primary registration districts of over fifty thousand	1912
and less than one hundred twenty-five thousand, eighty cents;	1913

(4) In primary registration districts of less than fifty	1914
thousand, one dollar.	1915

(E) The director of health shall annually certify to the	1916
county treasurers of the several counties the number of birth,	1917
fetal death, death, and military service certificates registered	1918
from their respective counties with the names of the local	1919
registrars and the amounts due each registrar and health district	1920
at the rates fixed in this section. Such amounts shall be paid by	1921
the treasurer of the county in which the registration districts	1922
are located. No fees shall be charged or collected by registrars	1923
except as provided by this chapter and section 3109.14 of the	1924
Revised Code.	1925

(F) A probate judge shall be paid a fee of fifteen cents for	1926
each certified abstract of marriage prepared and forwarded by the	1927
probate judge to the department of health pursuant to section	1928
3705.21 of the Revised Code. The fee shall be in addition to the	1929
fee paid for a marriage license and shall be paid by the	1930
applicants for the license.	1931

(G) The clerk of a court of common pleas shall be paid a fee	1932
of one dollar for each certificate of divorce, dissolution, and	1933
annulment of marriage prepared and forwarded by the clerk to the	1934
department pursuant to section 3705.21 of the Revised Code. The	1935
fee for the certified abstract of divorce, dissolution, or	1936
annulment of marriage shall be added to the court costs allowed in	1937
these cases.	1938

(H) The fee for an heirloom certification of birth issued	1939
pursuant to division (B)(2) of section 3705.23 of the Revised Code	1940
shall be an amount prescribed by rule by the director of health	1941
plus any fee required by section 3109.14 of the Revised Code. In	1942
setting the amount of the fee, the director shall establish a	1943
surcharge in addition to an amount necessary to offset the expense	1944
of processing heirloom certifications of birth. The fee prescribed	1945
by the director of health pursuant to this division shall be	1946
deposited into the state treasury to the credit of the heirloom	1947
certification of birth fund which is hereby created. Money	1948
credited to the fund shall be used by the office of vital	1949
statistics to offset the expense of processing heirloom	1950
certifications of birth. However, the money collected for the	1951
surcharge, subject to the approval of the controlling board, shall	1952
be used for the purposes specified by the family and children	1953
first council pursuant to section 121.37 of the Revised Code.	1954

Sec. 3727.17.  Each hospital shall provide a staff person to	1955
do all of the following:	1956

(A) Meet with each unmarried mother who gave birth in or en	1957
route to the hospital within twenty-four hours after the birth or	1958
before the mother is released from the hospital;	1959

(B) Attempt to meet with the father of the unmarried mother's	1960
child if possible;	1961

(C) Explain to the unmarried mother and the father, if the	1962
father is present, the benefit to the child of establishing a	1963
parent and child relationship between the father and the child and	1964
the various proper procedures for establishing a parent and child	1965
relationship;	1966

(D) Present to the unmarried mother and, if possible, the	1967
father, the pamphlet or statement regarding the rights and	1968
responsibilities of a natural parent prepared by the department of	1969
job and family services pursuant to section 3111.323111.21 of	1970
the Revised Code;	1971

(E) Provide the unmarried mother, and if possible the father,	1972
all forms and statements necessary to voluntarily establish a	1973
parent and child relationship, including the acknowledgment of	1974
paternity form prepared by the department of job and family	1975
services pursuant to section 3111.31 of the Revised Code;	1976

(F) Upon both the mother's and father's request, help the	1977
mother and father complete any specific form or statement	1978
necessary to establish a parent and child relationship;	1979

(G) Present to an unmarried mother who is not a recipient of	1980
medicaid or a participant in Ohio works first an application for	1981
Title IV-D services;	1982

(H) Mail the voluntary acknowledgment of paternity, no later	1983
than ten days after it is completed, to the office of child	1984
support in the department of job and family services.	1985

Each hospital shall provide a notary public to notarize an	1986
acknowledgment of paternity signed by the mother and father. If a	1987
hospital knows or determines that a man is presumed under section	1988
3111.03 of the Revised Code to be the father of the child	1989
described in this section and that the presumed father is not the	1990
man who signed or is attempting to sign an acknowledgment with	1991
respect to the child, the hospital shall take no further action	1992
with regard to the acknowledgment and shall not mail the	1993
acknowledgment pursuant to this section.	1994

A hospital may contract with a person or government entity to	1995
fulfill its responsibilities under this section and sections	1996
3111.71 to 3111.743111.73 of the Revised Code. Services provided	1997
by a hospital under this section or pursuant to a contract under	1998
sections 3111.71 and 3111.77 of the Revised Code do not constitute	1999
the practice of law. A hospital shall not be subject to criminal	2000
or civil liability for any damage or injury alleged to result from	2001
services provided pursuant to this section or sections 3111.71 to	2002
3111.743111.73 of the Revised Code unless the hospital acted with	2003
malicious purpose, in bad faith, or in a wanton or reckless	2004
manner.	2005

Sec. 5103.16.  (A) Except as otherwise provided in this	2006
section, no child shall be placed or accepted for placement under	2007
any written or oral agreement or understanding that transfers or	2008
surrenders the legal rights, powers, or duties of the legal	2009
parent, parents, or guardian of the child into the temporary or	2010
permanent custody of any association or institution that is not	2011
certified by the department of job and family services under	2012
section 5103.03 of the Revised Code, without the written consent	2013
of the office in the department that oversees the interstate	2014
compact for placement of children established under section	2015
5103.20 of the Revised Code or the interstate compact on the	2016
placement of children established under section 5103.23 of the	2017
Revised Code, as applicable, or by a commitment of a juvenile	2018
court, or by a commitment of a probate court as provided in this	2019
section. A child may be placed temporarily without written	2020
consent or court commitment with persons related by blood or	2021
marriage or in a legally licensed boarding home.	2022

(B)(1) Associations and institutions certified under section	2023
5103.03 of the Revised Code for the purpose of placing children in	2024
free foster homes or for legal adoption shall keep a record of the	2025
temporary and permanent surrenders of children. This record shall	2026
be available for separate statistics, which shall include a copy	2027
of an official birth record and all information concerning the	2028
social, mental, and medical history of the children that will aid	2029
in an intelligent disposition of the children in case that becomes	2030
necessary because the parents or guardians fail or are unable to	2031
reassume custody.	2032

(2) No child placed on a temporary surrender with an	2033
association or institution shall be placed permanently in a foster	2034
home or for legal adoption. All surrendered children who are	2035
placed permanently in foster homes or for adoption shall have been	2036
permanently surrendered, and a copy of the permanent surrender	2037
shall be a part of the separate record kept by the association or	2038
institution.	2039

(C) Any agreement or understanding to transfer or surrender	2040
the legal rights, powers, or duties of the legal parent or parents	2041
and place a child with a person seeking to adopt the child under	2042
this section shall be construed to contain a promise by the person	2043
seeking to adopt the child to pay the expenses listed in divisions	2044
(C)(1), (2), and (4) of section 3107.055 of the Revised Code and,	2045
if the person seeking to adopt the child refuses to accept	2046
placement of the child, to pay the temporary costs of routine	2047
maintenance and medical care for the child in a hospital, foster	2048
home, or other appropriate place for up to thirty days or until	2049
other custody is established for the child, as provided by law,	2050
whichever is less.	2051

(D) No child shall be placed or received for adoption or with	2052
intent to adopt unless placement is made by a public children	2053
services agency, an institution or association that is certified	2054
by the department of job and family services under section 5103.03	2055
of the Revised Code to place children for adoption, or custodians	2056
in another state or foreign country, or unless all of the	2057
following criteria are met:	2058

(1) Prior to the placement and receiving of the child, the	2059
parent or parents of the child personally have applied to, and	2060
appeared before, the probate court of the county in which the	2061
parent or parents reside, or in which the person seeking to adopt	2062
the child resides, for approval of the proposed placement	2063
specified in the application and have signed and filed with the	2064
court a written statement showing that the parent or parents are	2065
aware of their right to contest the decree of adoption subject to	2066
the limitations of section 3107.16 of the Revised Code;	2067

(2) The court ordered an independent home study of the	2068
proposed placement to be conducted as provided in section 3107.031	2069
of the Revised Code, and after completion of the home study, the	2070
court determined that the proposed placement is in the best	2071
interest of the child;	2072

(3) The court has approved of record the proposed placement.

2073

In determining whether a custodian has authority to place	2074
children for adoption under the laws of a foreign country, the	2075
probate court shall determine whether the child has been released	2076
for adoption pursuant to the laws of the country in which the	2077
child resides, and if the release is in a form that satisfies the	2078
requirements of the immigration and naturalization service of the	2079
United States department of justice for purposes of immigration to	2080
this country pursuant to section 101(b)(1)(F) of the "Immigration	2081
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 1101	2082
(b)(1)(F), as amended or reenacted.	2083

If the parent or parents of the child are deceased or have	2084
abandoned the child, as determined under division (A)(1) of	2085
section 3107.07 of the Revised Code, the application for approval	2086
of the proposed adoptive placement may be brought by the relative	2087
seeking to adopt the child, or by the department, board, or	2088
organization not otherwise having legal authority to place the	2089
orphaned or abandoned child for adoption, but having legal custody	2090
of the orphaned or abandoned child, in the probate court of the	2091
county in which the child is a resident, or in which the	2092
department, board, or organization is located, or where the person	2093
or persons with whom the child is to be placed reside. Unless the	2094
parent, parents, or guardian of the person of the child personally	2095
have appeared before the court and applied for approval of the	2096
placement, notice of the hearing on the application shall be	2097
served on the parent, parents, or guardian.	2098

The consent to placement, surrender, or adoption executed by	2099
a minor parent before a judge of the probate court or an	2100
authorized deputy or referee of the court, whether executed within	2101
or outside the confines of the court, is as valid as though	2102
executed by an adult. A consent given as above before an employee	2103
of a children services agency that is licensed as provided by law,	2104
is equally effective, if the consent also is accompanied by an	2105
affidavit executed by the witnessing employee or employees to the	2106
effect that the legal rights of the parents have been fully	2107
explained to the parents, prior to the execution of any consent,	2108
and that the action was done after the birth of the child.	2109

If the court approves a placement, the prospective adoptive	2110
parent with whom the child is placed has care, custody, and	2111
control of the child pending further order of the court.	2112

(E) This section does not apply to an adoption by a	2113
stepparent, a grandparent, or a guardian.	2114

Sec. 5505.261.  (A) As used in this section, "alternate	2115
payee," "benefit," "lump sum payment," "participant," and "public	2116
retirement program" have the same meanings as in section 3105.80	2117
of the Revised Code.	2118

(B) On receipt of an order issued under section 3105.171 or	2119
3105.65 of the Revised Code, the state highway patrol retirement	2120
system shall determine whether the order meets the requirements of	2121
sections 3105.80 to 3105.90 of the Revised Code. The system shall	2122
retain in the participant's record an order the system determines	2123
meets the requirements. Not later than sixty days after receipt,	2124
the system shall return to the court that issued the order any	2125
order the system determines does not meet the requirements.	2126

(C) The system shall comply with an order retained under	2127
division (B) of this section at either of the following times as	2128
appropriate:	2129

(1) If the participant has applied for or is receiving a	2130
benefit or has applied for but not yet received a lump sum	2131
payment, as soon as practicable;	2132

(2) If the participant has not applied for a benefit or lump	2133
sum payment, on application by the participant for a benefit or	2134
lump sum payment.	2135

(D) If the system transfers a participant's service credit or	2136
contributions made by or on behalf of a participant to a public	2137
retirement program that is not named in the order, the system	2138
shall do both of the following:	2139

(1) Notify the court that issued the order by sending the	2140
court a copy of the order and the name and address of the public	2141
retirement program to which the transfer was made.	2142

(2) Send a copy of the order to the public retirement program	2143
to which the transfer was made.	2144

(E) If it receives a participant's service credit or	2145
contributions and a copy of an order as provided in division (D)	2146
of this section, the system shall administer the order as if it	2147
were the public retirement program named in the order.	2148

(F) If a participant's benefit or lump sum payment is or will	2149
be subject to more than one order described in section 3105.81 of	2150
the Revised Code or to an order described in section 3105.81 of	2151
the Revised Code and a withholding order under sectionformer	2152
section 3111.23 or 3113.21 of the Revised Code, the system shall,	2153
after determining that the amounts that are or will be withheld	2154
will cause the benefit or lump sum payment to fall below the	2155
limits described in section 3105.85 of the Revised Code, do all of	2156
the following:	2157

(1) Establish, in accordance with division (G) of this	2158
section and subject to the limits described in section 3105.85 of	2159
the Revised Code, the priority in which the orders are or will be	2160
paid by the retirement system in accordance with division (G) of	2161
this section;	2162

(2) Reduce the amount paid to an alternate payee based on the	2163
priority established under division (F)(1) of this section;	2164

(3) Notify, by regular mail, a participant and alternate	2165
payee of any action taken under this division.	2166

(G) A withholding or deduction notice issued under section	2167
former section 3111.23 or 3113.21 of the Revised Code or an order	2168
described in section 3115.32 of the Revised Code has priority over	2169
all other orders and shall be complied with in accordance with	2170
child support enforcement laws. All other orders are entitled to	2171
priority in order of earliest retention by the system. The system	2172
is not to retain an order that provides for the division of	2173
property unless the order is filed in a court with jurisdiction in	2174
this state.	2175

(H) The system is not liable in civil damages for loss	2176
resulting from any action or failure to act in compliance with	2177
this section.	2178

Section 2. That existing sections 145.571, 742.462, 2151.23,	2179
2151.231, 2151.352, 2919.21, 2919.231, 3103.031, 3105.85,	2180
3107.01, 3107.06, 3107.061, 3107.064, 3107.07, 3107.11, 3109.12,	2181
3109.19, 3111.02, 3111.03, 3111.32, 3111.33, 3111.35, 3111.381,	2182
3111.64, 3111.66, 3111.72, 3111.78, 3111.80, 3111.821, 3119.01,	2183
3119.961, 3119.962, 3125.28, 3305.21, 3307.371, 3309.671,	2184
3705.09, 3705.24, 3727.17, 5103.16, and 5505.261 and sections	2185
2151.232, 3111.21, 3111.22, 3111.23, 3111.24, 3111.25, 3111.26,	2186
3111.27, 3111.28, 3111.29, 3111.30, 3111.31, 3111.34, 3111.44,	2187
3111.74, and 3705.091 of the Revised Code are hereby repealed.	2188

Section 3. Section 2151.23 of the Revised Code is presented	2189
in this act as a composite of the section as amended by both Am.	2190
Sub. H.B. 214 and Am. Sub. S.B. 10 of the 127th General Assembly.	2191
The General Assembly, applying the principle stated in division	2192
(B) of section 1.52 of the Revised Code that amendments are to be	2193
harmonized if reasonably capable of simultaneous operation, finds	2194
that the composite is the resulting version of the section in	2195
effect prior to the effective date of the section as presented in	2196
this act.	2197