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S. B. No. 189 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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A BILL
To amend sections 145.571,
742.462, 2151.23,
2151.231, 2151.352,
2919.21,
2919.231, 3103.031,
3105.85, 3107.01, 3107.06, 3107.061, 3107.064,
3107.07, 3107.11,
3109.12,
3109.19, 3111.02,
3111.03, 3111.33,
3111.35, 3111.381, 3111.64,
3111.66, 3111.72,
3111.78, 3111.80, 3111.821,
3119.01, 3119.961,
3119.962, 3125.28, 3305.21,
3307.371, 3309.671,
3705.09, 3705.24, 3727.17,
5103.16, and 5505.261; to amend,
for the purpose
of adopting new section
numbers
as indicated in
parentheses, sections 3111.32
(3111.21),
3111.33
(3111.22), and 3111.35
(3111.23); and to repeal
sections
2151.232,
3111.21, 3111.22, 3111.23,
3111.24, 3111.25,
3111.26,
3111.27, 3111.28,
3111.29, 3111.30,
3111.31, 3111.34, 3111.44,
3111.74, and 3705.091
of the Revised Code
regarding adoption law,
custody of an abused,
neglected, or dependent
child, and the
elimination of acknowledgments of
paternity.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.571, 742.462,
2151.23,
2151.231, 2151.352,
2919.21, 2919.231,
3103.031, 3105.85,
3107.01, 3107.06, 3107.061, 3107.064, 3107.07, 3107.11, 3109.12,
3109.19,
3111.02,
3111.03, 3111.33, 3111.35, 3111.381, 3111.64,
3111.66,
3111.72,
3111.78, 3111.80, 3111.821, 3119.01, 3119.961,
3119.962,
3125.28,
3305.21, 3307.371, 3309.671,
3705.09,
3705.24,
3727.17, 5103.16, and
5505.261 be
amended, and that
sections 3111.32 (3111.21), 3111.33
(3111.22),
and 3111.35
(3111.23) of the Revised Code be amended
for the
purpose of
adopting new section numbers as indicated in
parentheses to read
as follows:
Sec. 145.571. (A) As used in this section, "alternate
payee,"
"benefit," "lump sum
payment," "participant," and "public
retirement program" have the same
meanings as in section 3105.80
of the Revised Code.
(B) On receipt of an order issued under section 3105.171 or
3105.65 of the Revised Code, the public employees retirement
system
shall determine whether the order meets the requirements of
sections
3105.80 to 3105.90 of the Revised Code. The system shall
retain in the participant's record an order the system determines
meets the requirements. Not later than sixty days after receipt,
the system shall return to the court that issued the order any
order the system determines does not meet the requirements.
(C) The system shall comply with an order retained
under
division (B) of this section at the following times as
appropriate:
(1) If the participant has applied for or is receiving a
benefit or has applied for but not yet received a lump sum
payment,
as soon as practicable;
(2) If the
participant has not applied for a benefit or lump
sum payment,
on application by the participant for a benefit or
lump
sum payment.
(D) If the
system transfers a participant's service credit
or
contributions made by or on
behalf of a participant to a public
retirement program
that is not
named in the order, the system
shall do both of the following:
(1) Notify the court that issued
the order by sending the
court a copy of the order and the name
and address of the public
retirement program to which the transfer was
made;
(2) Send a copy of the order to the public retirement
program
to which the transfer was made.
(E) If it receives a participant's service credit or
contributions and a copy of
an order as provided in division (D)
of this section, the system
shall administer the order as if it
were the public retirement program named
in the order.
(F) If a participant's
benefit or lump sum payment is or
will
be subject to more than one
order described in section
3105.81 of
the
Revised Code or to an order described in section
3105.81
of
the Revised Code and a withholding order under section
former
section 3111.23 or 3113.21 of the Revised Code,
the system
shall,
after
determining that
the amounts that are or will be withheld
will
cause the benefit or lump sum
payment to fall below the
limits
described in section 3105.85 of the Revised Code, do all of
the
following:
(1) Establish, in accordance with division (G) of this
section
and subject to the limits described in section 3105.85
of
the Revised Code, the priority in which the orders are or
will
be
paid by the system;
(2) Reduce the amount paid to an alternate payee based on
the
priority established under division (F)(1) of this section;
(3) Notify, by regular
mail, a participant and alternate
payee of any action taken under
this division.
(G) A withholding or deduction notice issued under section
former section 3111.23 or 3113.21 of the Revised Code or an order
described in
section 3115.32 of the Revised Code has
priority over
all other
orders and shall be complied with in accordance with
child support
enforcement laws. All other orders are entitled to
priority in
order of earliest retention by the system. The system
is not to
retain an
order that provides for the division of
property unless
the order is filed in
a court with jurisdiction in
this state.
(H) The system is not liable in civil damages for loss
resulting
from any action or failure to act in compliance with
this section.
Sec. 742.462. (A) As used in this section, "alternate
payee,"
"benefit," "lump sum
payment," "participant," and "public
retirement program" have the same
meanings as in section 3105.80
of the Revised Code.
(B) On receipt of an order issued under section 3105.171 or
3105.65 of the Revised Code, the Ohio
police
and fire pension fund
shall determine whether the order
meets the requirements of
sections 3105.80 to 3105.90 of
the Revised Code. The fund shall
retain in the
participant's
record an order the fund determines
meets the requirements. Not
later than sixty days after receipt,
the fund shall return to the
court that issued the order any order
the fund determines does
not meet the requirements.
(C) The fund shall comply with an order retained
under
division (B) of this section at the following times as
appropriate:
(1) If the participant has applied for or is receiving a
benefit or has applied for but not yet received a lump sum
payment,
as soon as practicable;
(2) If the
participant has not applied for a benefit or lump
sum payment,
on application by the participant for a benefit or
lump
sum payment.
(D) If the fund transfers
a participant's service credit or
contributions made by or on behalf of a
participant to a public
retirement program that is not
named in
the order, the fund shall
do both of the following:
(1) Notify the court that issued the order by sending the
court a copy of
the order and the name and address
of the public
retirement program to which the transfer was made;
(2) Send a copy of the order to the public retirement
program
to which the transfer was made.
(E) If it receives a participant's service credit or
contributions and a copy of
an order as provided in division (D)
of this section, the fund
shall administer the order as if it were
the public retirement program named
in the order.
(F) If a participant's
benefit or lump sum payment is or
will
be subject to more than one
order described in section
3105.81 of
the
Revised Code or to an order described in section
3105.81
of
the Revised Code and a withholding order under section
former
section 3111.23 or 3113.21 of the Revised Code,
the fund
shall,
after
determining that
the amounts that are or will be withheld
will
cause the benefit or lump sum
payment to fall below the
limits
described in section 3105.85 of the Revised Code, do all of
the
following:
(1) Establish, in accordance with division (G) of this
section
and subject to the limits described in section 3105.85
of
the Revised Code, the priority in which the orders are or
will
be
paid by the fund in accordance with division (G) of this section;
(2) Reduce the amount paid to an alternate payee based on
the
priority established under division (F)(1) of this section;
(3) Notify, by regular
mail, a participant and alternate
payee of any action taken under
this division.
(G) A withholding or deduction notice issued under section
former section 3111.23 or 3113.21 of the Revised Code or an order
described in
section 3115.32 of the Revised Code has
priority over
all other
orders and shall be complied with in accordance with
child support
enforcement laws. All other orders are entitled to
priority in
order of earliest retention by the fund. The fund is
not to
retain an
order that provides for the division of property
unless
the order is filed in
a court with jurisdiction in this
state.
(H) The fund is not liable in civil damages for loss
resulting
from any action or failure to act in compliance with
this section.
Sec. 2151.23. (A) The juvenile court has exclusive
original
jurisdiction under the Revised Code as follows:
(1) Concerning any child who on or about the date
specified
in the complaint, indictment, or information is alleged to have
violated section 2151.87 of the Revised Code or an order issued
under that section or to be a juvenile traffic
offender or a
delinquent, unruly, abused, neglected, or
dependent child
and,
based on and in relation to the allegation pertaining to the
child,
concerning the parent, guardian, or other person having
care
of a child who is alleged to be an unruly or delinquent child
for being an
habitual or chronic
truant;
(2) Subject to divisions (G) and (V) of section 2301.03 of
the
Revised Code, to
determine the custody of any child not a ward
of
another court of this state;
(3) To hear and determine any application for a writ of
habeas corpus involving the custody of a child;
(4) To exercise the powers and jurisdiction given the
probate
division of the court of common pleas in Chapter 5122.
of
the
Revised Code, if the court has probable cause to believe
that
a
child otherwise within the jurisdiction of the court is a
mentally
ill person subject to hospitalization by court order, as
defined
in section 5122.01 of the Revised Code;
(5) To hear and determine all criminal cases charging
adults
with the violation of any section of this chapter;
(6) To hear and determine all criminal cases in which an
adult is charged with a violation of division (C) of section
2919.21, division (B)(1) of section 2919.22, section 2919.222,
division (B) of
section 2919.23, or section 2919.24 of the Revised
Code, provided
the charge is not included in an indictment that
also charges the
alleged adult offender with the commission of a
felony arising
out of the same actions that are the basis of the
alleged
violation of division (C) of section 2919.21, division
(B)(1) of
section 2919.22, section 2919.222, division (B) of
section
2919.23, or section
2919.24 of the Revised Code;
(7) Under the interstate compact on juveniles in section
2151.56 of the Revised Code;
(8) Concerning any child who is to be taken into custody
pursuant to section 2151.31 of the Revised Code, upon being
notified of the intent to take the child into custody and the
reasons for taking the child into custody;
(9) To hear and determine requests for the extension of
temporary custody agreements, and requests for court approval of
permanent custody agreements, that are filed pursuant to section
5103.15 of the Revised Code;
(10) To hear and determine applications for consent to
marry
pursuant to section 3101.04 of the Revised Code;
(11) Subject to divisions (G) and (V) of section 2301.03 of
the
Revised Code, to hear
and determine a request for an order for
the
support of any child if the request is not ancillary to an
action
for divorce, dissolution of marriage, annulment, or legal
separation, a criminal or civil action involving an allegation of
domestic violence, or an action for support brought under Chapter
3115. of the Revised Code;
(12) Concerning an action commenced under section 121.38 of
the Revised
Code;
(13) To hear and determine violations of section 3321.38
of
the Revised Code;
(14) To exercise
jurisdiction and authority over the
parent,
guardian, or other person having care of a child alleged
to be a
delinquent child, unruly child, or juvenile traffic
offender,
based on and in relation to the allegation pertaining to
the
child;
(15) To conduct the hearings, and to make the determinations,
adjudications, and orders authorized or required under sections
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding
a
child who has been adjudicated a delinquent child and to refer
the duties conferred upon the juvenile court judge under sections
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to
magistrates appointed by the juvenile court judge in accordance
with Juvenile Rule 40.
(B) Except as provided in divisions (G) and (I) of section
2301.03 of
the Revised
Code, the juvenile court has original
jurisdiction
under the
Revised Code:
(1) To hear and determine all cases of misdemeanors
charging
adults with any act or omission with respect to any
child, which
act or omission is a violation of any state law or
any municipal
ordinance;
(2) To determine the paternity of any child alleged to
have
been born out of wedlock pursuant to sections 3111.01 to 3111.18
of the
Revised Code;
(3) Under the uniform interstate family support
act in
Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for
the
support of any child, if the child is not a ward of another
court
of this state;
(5) To hear and determine an action commenced under section
3111.28
of the Revised Code;
(6) To hear and determine a motion filed under section
3119.961 of the Revised Code;
(7)(6) To receive filings under section 3109.74 of the
Revised
Code, and to hear and determine actions arising under
sections
3109.51 to 3109.80 of the Revised Code.
(8)(7)
To enforce an order for the return of a child made
under
the Hague Convention on the Civil Aspects of International
Child
Abduction pursuant to section 3127.32 of the Revised Code;
(9)(8) To grant any relief normally available under the laws
of
this state to enforce a child custody determination made by a
court of another state and registered in accordance with section
3127.35 of the Revised Code.
(C) The juvenile court, except as to juvenile courts that
are
a separate division of the court of common pleas or a
separate
and
independent juvenile court, has jurisdiction to
hear,
determine,
and make a record of any action for divorce or
legal
separation
that involves the custody or care of children
and that
is filed in
the court of common pleas and certified by
the court
of common
pleas with all the papers filed in the action
to the
juvenile
court for trial, provided that no certification of
that
nature
shall
be made to any juvenile court unless the consent of
the
juvenile judge
first is obtained. After a certification of
that
nature is made
and consent is
obtained, the juvenile court
shall
proceed as if the action originally had
been begun in that
court,
except as to awards for spousal support
or support due and
unpaid
at the time of certification, over
which the juvenile court
has no
jurisdiction.
(D) The juvenile court, except as provided in divisions (G)
and (I)
of section 2301.03
of the Revised Code, has jurisdiction
to hear
and
determine all matters as to custody and support of
children
duly
certified by the court of common pleas to the
juvenile court
after a divorce decree has been granted, including
jurisdiction
to
modify the judgment and decree of the court of
common pleas as
the
same relate to the custody and support of
children.
(E) The juvenile court, except as provided in divisions (G)
and (I)
of section 2301.03
of the Revised Code, has jurisdiction
to hear
and
determine the case of any child certified to the court
by any
court of competent jurisdiction if the child comes within
the
jurisdiction of the juvenile court as defined by this section.
(F)(1) The juvenile court shall exercise its jurisdiction
in
child custody matters in accordance with sections 3109.04 and
3127.01
to 3127.53 of the Revised Code and, as applicable,
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised
Code.
(2) The juvenile court shall exercise its jurisdiction in
child support matters in accordance with section 3109.05 of the
Revised Code.
(G) Any
juvenile court that
makes or modifies an order for
child support
shall comply with
Chapters 3119., 3121., 3123., and
3125. of the Revised Code. If any person
required to pay
child
support under an order made by a juvenile
court on or after
April
15, 1985, or modified on or after December
1, 1986, is
found in
contempt of court for failure to make support
payments
under the
order, the court that makes the finding, in
addition to
any other
penalty or remedy imposed, shall assess all
court costs
arising
out of the contempt proceeding against the
person and
require the
person to pay any reasonable attorney's
fees of any
adverse party,
as determined by the court, that arose
in relation
to the act of
contempt.
(H) If a child who is charged with an act that would be an
offense if committed by an adult was fourteen years of age or
older and under
eighteen years of age at the time of the alleged
act and if the case is
transferred for criminal prosecution
pursuant to section 2152.12 of the
Revised Code, the
juvenile
court does not have jurisdiction to hear or
determine the case
subsequent to the transfer. The court to which the
case is
transferred for criminal prosecution pursuant to that
section has
jurisdiction subsequent to the transfer to hear and
determine the
case in the same manner as if the case originally
had been
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea
authorized
by Criminal Rule 11 or another section
of the Revised Code and
jurisdiction to accept a
verdict and to enter a judgment of
conviction pursuant to the
Rules of Criminal Procedure against the
child for the commission of the offense that was the basis of the
transfer of the case for criminal prosecution, whether the
conviction is for the same degree or a lesser degree of the
offense charged, for the commission of a lesser-included offense,
or for the commission of another offense that is different from
the offense charged.
(I) If a person under eighteen
years of age allegedly
commits
an act that would be a felony if committed by
an adult and
if the
person is not taken into custody or apprehended for that
act until
after the person attains twenty-one years of age, the
juvenile
court
does not have jurisdiction to hear or determine any
portion
of the case
charging the person with committing that act.
In those
circumstances,
divisions (A) and (B) of section 2152.12
of the
Revised Code do not apply regarding the act, and the case
charging
the person with committing the act shall be a criminal
prosecution
commenced and heard in the appropriate court having
jurisdiction
of the
offense as if the person had been eighteen
years of age or
older when the
person committed the act. All
proceedings
pertaining to the act shall be
within the jurisdiction
of the
court having jurisdiction of the offense, and
that court
has all
the authority and
duties
in the case that it has in other
criminal
cases in
that court.
Sec. 2151.231. The parent, guardian, or custodian of a
child, the
person with whom a child resides, or the child support
enforcement agency of
the county in which the child, parent,
guardian, or custodian of the child
resides may bring an
action in
a juvenile court
or other court with jurisdiction under section
2101.022 or 2301.03 of the
Revised Code
under this section
requesting the court to issue an
order requiring a parent of the
child to pay an amount for the support of the
child without regard
to the marital status of the child's parents. No
action may be
brought under this section against a person presumed to be the
parent of a child based on an acknowledgment of paternity that has
not yet
become final under former section 3111.211 or 5101.314 or
section 2151.232,
3111.25, or 3111.821 of the Revised Code.
The parties to an action under this section may raise the
issue of the
existence or nonexistence of a parent-child
relationship, unless a final and
enforceable determination of the
issue has been made with respect to the
parties pursuant to
Chapter 3111. of the Revised Code or an acknowledgment
of
paternity signed by the child's parents has become final pursuant
to
former section 3111.211 or 5101.314 or
section 2151.232,
3111.25, or
3111.821 of the Revised Code. If a complaint is
filed
under this section and an issue concerning the existence or
nonexistence of a
parent-child relationship is raised, the court
shall treat the action as an
action pursuant to sections 3111.01
to 3111.18 of the
Revised Code. An order issued in an
action
under
this section does not preclude a party to the action from
bringing
a subsequent action pursuant to sections 3111.01 to
3111.18 of the
Revised Code if the issue
concerning the existence
or nonexistence
of the parent-child relationship was
not
determined with respect
to the party pursuant to a proceeding
under
this section, or a
proceeding under Chapter 3111. of the
Revised Code, or an
acknowledgment of paternity that has become
final under former
section
3111.211 or 5101.314 or section
2151.232,
3111.25, or
3111.821
of the Revised Code. An order
issued pursuant to this
section shall remain effective until an
order is issued pursuant
to sections
3111.01 to 3111.18 of the
Revised Code that a
parent-child relationship does
not exist
between
the alleged
father of the child and the child or until the
occurrence of an
event described in section
3119.88 of the
Revised Code that would
require the
order to terminate.
The court, in accordance with sections
3119.29
to
3119.56 of
the
Revised Code, shall include in each
support
order made under
this section the requirement that one or both of
the
parents
provide for the health care needs of the child to the
satisfaction
of
the court.
Sec. 2151.352. A
child, the child's parents or custodian,
or
any other
person in loco parentis of the child is entitled to
representation by legal counsel at all stages of the proceedings
under this chapter or Chapter 2152. of the Revised Code. If, as
an
indigent person, a party is unable to
employ counsel,
the party is
entitled to
have counsel provided for the person pursuant to
Chapter
120.
of the
Revised Code except in civil matters in which
the juvenile court is exercising jurisdiction pursuant to division
(A)(2), (3), (9), (10), (11), (12), or (13); (B)(2), (3), (4), or
(5), or (6); (C); (D); or (F)(1) or (2) of section 2151.23 of the
Revised Code. If a party appears without counsel, the
court
shall
ascertain whether the party knows of the
party's right
to counsel
and of
the party's right to be provided with counsel if
the party
is an indigent
person. The court may continue the case
to enable a
party to
obtain counsel, to be represented by the
county public
defender
or the joint county public defender, or to be appointed
counsel
upon request pursuant to Chapter 120. of the
Revised Code.
Counsel must be provided for a child not represented
by the
child's
parent, guardian, or custodian. If the interests
of two or
more
such parties conflict, separate counsel shall be
provided for
each of them.
Section 2935.14 of the Revised Code applies to any child
taken into custody. The parents, custodian, or guardian of such
child, and any attorney at law representing them or the child,
shall be entitled to visit such child at any reasonable time, be
present at any hearing involving the child, and be given
reasonable notice of such hearing.
Any report or part thereof concerning such child, which is
used in the hearing and is pertinent thereto, shall for good
cause
shown be made available to any attorney at law representing
such
child and to any attorney at law representing the parents,
custodian, or guardian of such child, upon written request prior
to any hearing involving such child.
Sec. 2919.21. (A) No person shall abandon, or fail to
provide adequate support to:
(1) The person's spouse, as required by law;
(2) The person's child who is
under age eighteen, or mentally
or physically handicapped child
who is under age twenty-one;
(3) The person's aged or infirm parent or adoptive parent,
who from lack of ability and means is unable to provide
adequately
for the parent's own support.
(B) No person shall abandon, or fail to provide support as
established by a
court order to, another person whom, by court
order or decree, the person is
legally obligated to support.
(C) No person shall aid, abet, induce, cause, encourage,
or
contribute to a child or a ward of the juvenile court becoming
a
dependent child, as defined in section 2151.04 of the Revised
Code, or a neglected child, as defined in section 2151.03 of the
Revised Code.
(D) It is an affirmative defense to a charge of failure to
provide adequate
support under division (A) of this section or a
charge of failure to provide
support established by a court order
under division (B) of this section that
the accused was unable to
provide adequate support or the established support
but did
provide the support that was within the accused's ability and
means.
(E) It is an affirmative defense to a charge under
division
(A)(3) of this section that the parent abandoned the
accused or
failed to support the accused as required by law,
while the
accused was under age eighteen, or was mentally or
physically
handicapped and under age twenty-one.
(F) It is not a defense to a charge under division (B) of
this section that
the person whom a court has ordered the accused
to support is being adequately
supported by someone other than the
accused.
(G)(1) Except as otherwise provided in this division, whoever
violates
division (A) or (B) of this section is guilty of
nonsupport of dependents, a
misdemeanor of the first degree. If
the offender previously has been
convicted of or
pleaded guilty to
a violation of division (A)(2) or (B) of this section
or if the
offender has failed to
provide support under division (A)(2) or
(B) of this section for a total
accumulated period of twenty-six
weeks out of one hundred four
consecutive weeks, whether or not
the twenty-six weeks were
consecutive, then a violation of
division (A)(2) or (B) of this section
is a felony of the fifth
degree. If the offender previously has been
convicted of or
pleaded guilty to a felony violation of this section, a
violation
of division (A)(2) or (B) of this section is a felony of the
fourth
degree. If the offender is guilty of nonsupport of
dependents by reason of
failing to provide support to the
offender's child as required by a child
support order issued on or
after April 15, 1985, pursuant to section 2151.23,
2151.231,
2151.232, 2151.33, 3105.21,
3109.05, 3111.13, 3113.04, 3113.31, or
3115.31 of the
Revised
Code or former section 2151.232 of the
Revised Code, the court, in addition to any other sentence
imposed, shall
assess all court costs arising out of the charge
against the
person and require the person to pay any reasonable
attorney's
fees of any adverse party other than the state, as
determined by
the court, that arose in relation to the charge.
(2) Whoever violates division (C) of this section is guilty
of contributing
to the nonsupport of dependents, a misdemeanor of
the first
degree. Each day of violation of division (C) of this
section is
a separate offense.
Sec. 2919.231. (A) No person, by using physical
harassment
or threats of violence against another person, shall
interfere
with the other person's initiation or continuance
of, or attempt
to prevent the other person from initiating or
continuing, an
action to issue or modify a support order under
Chapter 3115. or
under section 2151.23, 2151.231, 2151.232, 2151.33,
2151.36,
2151.361,
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,
3113.04,
3113.07, or 3113.31 of the Revised Code or former section
2151.232 of the Revised Code.
(B) Whoever violates this section is guilty of interfering
with an action to issue or modify a support order, a misdemeanor
of the first degree. If the offender previously has been
convicted
of or pleaded guilty to a violation of this section or
of section
3111.19 of the Revised Code, interfering
with an
action to issue
or modify a support order is a felony of the
fifth
degree.
Sec. 3103.031. A biological parent of a child, a man
determined to be the natural father of a child under sections
3111.01 to 3111.18 or 3111.20 to
3111.85 of the Revised Code, a
parent who adopts a minor child pursuant to Chapter 3107. of the
Revised Code, or a parent whose signed acknowledgment of paternity
has become
became final
pursuant to former section 2151.232, or
3111.25, of the Revised Code or
section 3111.821 of the Revised
Code as it existed prior to the effective date of this amendment
assumes the parental
duty
of support
for
that child.
Notwithstanding section 3109.01 of the Revised
Code and to the
extent provided in section 3119.86 of the Revised
Code, the
parental duty of support to the child shall continue
beyond the
age of majority as long as the child continuously
attends on a
full-time basis any recognized and accredited high
school.
That
duty of support shall continue during seasonal
vacation periods.
Sec. 3105.85. (A) The total of the amounts described in
division
(D) of section
3105.82 and section 3105.84 of the Revised
Code shall not
exceed fifty per cent of
the amount of a benefit or
lump sum payment, or if withholding is to be made
from more
than
one benefit or lump sum payment, fifty per cent of the total of
the
benefits or lump sum payments.
(B) If a participant's
benefit or lump sum payment is or
will
be subject to more than one
order described in section
3105.81 of
the
Revised Code, the public retirement program shall
not
withhold
an aggregate amount for all the orders that exceeds
fifty per cent
of
the benefit or lump sum payment.
(C) If a participant's benefit or lump sum payment is or
will
be
subject to an order described in section 3105.81
of the
Revised
Code and one or more withholding orders under section
former
section 3111.23 or 3113.21 of the Revised Code, the public
retirement
program shall not withhold from a benefit or lump sum
payment an
aggregate amount for all orders described in section
3105.81 of
the Revised Code that exceeds
the difference between
fifty per
cent of the benefit or payment and the
percentage of the
benefit
or payment that is or will be paid under orders
described
in
section former section 3111.23 or 3113.21 of the Revised Code.
(D) The
public retirement program that is or
will be paying
the benefit or lump sum payment shall act in accordance with
section 145.571, 742.462, 3305.21, 3307.371, 3309.671, or 5505.261
of the Revised Code.
Sec. 3107.01. As used in sections 3107.01 to 3107.19 of the
Revised Code:
(A) "Agency" means any public or private organization
certified,
licensed, or otherwise specially empowered by law or
rule to place minors for
adoption.
(B) "Attorney" means a person who has been admitted to the
bar by
order of the Ohio supreme court.
(C) "Child" means a son or daughter, whether by birth or by
adoption.
(D) "Court" means the probate courts of this state, and
when
the context
requires, means the court of any other state empowered
to grant petitions for
adoption.
(E) "Foster caregiver" has the same meaning as in section
5103.02
of the Revised Code.
(F) "Identifying information" means any of the
following with
regard to a person: first name, last
name, maiden name, alias,
social security number, address, telephone
number, place of
employment, number used to identify the person for the
purpose of
the statewide education management information system established
pursuant to section 3301.0714 of the Revised Code, and any other
number
federal or state law requires or permits to be used to
identify the person.
(G) "Minor" means a person under the age of eighteen
years.
(H) "Putative father" means a man,
including one under age
eighteen, who may be a child's father and to whom all
of the
following apply:
(1) He is not married to the child's mother at the time of
the child's
conception or birth;
(2) He has not adopted the child;
(3) He has not been determined, prior to the date a petition
to adopt
the child is filed, to have a parent and child
relationship with the child by
a court proceeding pursuant to
sections 3111.01 to
3111.18 of the
Revised Code, a court
proceeding in another state, an administrative agency
proceeding
pursuant to sections 3111.38 to
3111.54 of the Revised Code,
or
an administrative agency proceeding in another state;
(4) He has not acknowledged paternity of the child pursuant
to sections 3111.21 to 3111.35 of the Revised Code.
Sec. 3107.06. Unless consent is not required under section
3107.07 of the Revised Code, a petition to adopt a minor may be
granted only if written consent to the adoption has been executed
by all of the following:
(A) The mother of the minor;
(B) The father of the minor, if any of the following apply:
(1) The minor was conceived or born while the father was
married to the
mother;
(2) The minor is his child by adoption;
(3) Prior to the date the petition was filed, it was
determined by a court
proceeding pursuant to sections 3111.01 to
3111.18 of
the Revised Code, a
court
proceeding in another state,
an administrative proceeding pursuant to sections
3111.38 to
3111.54 of the
Revised Code, or an
administrative proceeding in
another state that he has a parent and child relationship with the
minor;
(4) He acknowledged paternity of the child and that
acknowledgment has
become final pursuant to section 2151.232,
3111.25, or 3111.821 of the
Revised Code.
(C) The putative father of the minor;
(D) Any person or agency having permanent custody of the
minor or authorized by court order to consent;
(E)
The minor, if more than twelve years of age, unless
the
court, finding that it is in the best interest of the minor,
determines that the minor's consent is not required.
Sec. 3107.061. A man who has sexual intercourse with a woman
is on
notice that if a child is born as a result and the man is
the putative father,
the child may be adopted without his consent
pursuant to division
(B)(A)(2) of section 3107.07 of the Revised
Code.
Sec. 3107.064. (A) Except as provided in division (B)
of
this section, a court shall not issue a final decree of adoption
or
finalize an interlocutory order of adoption unless the mother
placing the
minor for adoption or the agency or attorney arranging
the adoption files with
the court a certified document provided by
the department of job and
family services
under section 3107.063
of the Revised Code. The court shall not accept the
document
unless the date the department places on the document pursuant to
that section is thirty-one or more days after the date of the
minor's
birth.
(B) The document described in division (A) of this
section is
not required if any of the following apply:
(1) The mother was married at the time the minor was
conceived or born;
(2) The parent placing the minor for adoption previously
adopted the
minor;
(3) Prior to the date a petition to adopt the minor is
filed,
a man has been determined to have a parent and child relationship
with
the minor by a court proceeding pursuant to sections 3111.01
to
3111.18 of the
Revised Code, a court proceeding in another
state, an administrative agency
proceeding pursuant to sections
3111.38 to
3111.54 of the Revised Code, or an
administrative
agency proceeding in another state;
(4) The minor's father acknowledged paternity of the minor
and that
acknowledgment has become final pursuant to
section
2151.232, 3111.25, or
3111.821 of the Revised Code;
(5) A public children services agency has
permanent custody
of the minor
pursuant to Chapter 2151. or division (B) of section
5103.15
of the Revised Code after both parents lost or surrendered
parental rights,
privileges, and responsibilities over the minor.
Sec. 3107.07. (A) Consent to adoption is not required of any
of
the following:
(A)(1) A parent of a minor, when it is alleged in the
adoption
petition and the court, after proper service of
notice
and
hearing, finds by clear and convincing evidence
that the
parent
has failed without
justifiable cause to
provide more
than de
minimis contact with the
minor
or to provide
for
the
maintenance and support of
the minor
as
required by law or
judicial decree for a any of the following periods of time:
(a) A period of
at least
one
year immediately
preceding
either the filing of the
adoption
petition or;
(b) A period of at least one year immediately preceding the
placement of the minor in the home of
the
petitioner;
(c) If the minor is less than twelve months old at the time
of the filing of the adoption petition or the placement of the
minor in the home of the petitioner, a substantial amount of time
preceding the filing of the adoption petition or the placement of
the minor in the home of the petitioner.
(B)(2) The putative father of a minor if either of the
following
applies:
(1)(a) The putative father fails to register as the
minor's
putative father with the putative father registry established
under
section 3107.062 of the Revised Code not later than thirty
days after the
minor's birth;
(2)(b) The court finds, after proper service of notice and
hearing,
that any of the following are the case:
(a)(i) The putative father is not the father of the minor;
(b)(ii) The putative father has willfully
abandoned or failed
to
care for and support the minor;
(c)(iii) The putative father has willfully abandoned the
mother of
the minor during her pregnancy and up to the time of her
surrender
of the
minor, or the minor's placement in the home of
the
petitioner, whichever
occurs first.
(C)(3) Except as provided in section 3107.071 of the Revised
Code, a parent who
has entered into a voluntary permanent custody
surrender agreement under
division (B) of section 5103.15 of the
Revised Code;
(D)(4) A parent whose parental rights have been terminated by
order of a
juvenile court under Chapter 2151. of the Revised Code;
(E)(5) A parent who is married to the petitioner and supports
the adoption;
(F)(6) The father, or putative father, of
a minor if the
minor
is conceived as the result of the commission of rape by
the
father
or putative father and the father or putative father is
convicted
of or pleads guilty to the commission of that offense.
As used in
this
division, "rape" means a violation of section
2907.02 of the
Revised Code
or a similar law of another state.
(G)(7) A legal guardian or guardian ad litem of a parent
judicially declared incompetent in a separate court proceeding
who
has failed to respond in writing to a request for consent,
for a
period of thirty days, or who, after examination of the
written
reasons for withholding consent, is found by the court to
be
withholding consent unreasonably;
(H)(8) Any legal guardian or lawful custodian of the person
to
be adopted, other than a parent, who has failed to respond in
writing to a request for consent, for a period of thirty days, or
who, after examination of the written reasons for withholding
consent, is found by the court to be withholding consent
unreasonably;
(I)(9) The spouse of the person to be adopted, if the failure
of
the spouse to consent to the adoption is found by the court to
be
by reason of prolonged unexplained absence, unavailability,
incapacity, or circumstances that make it impossible or
unreasonably difficult to obtain the consent or refusal of the
spouse;
(J)(10) Any parent, legal guardian, or other lawful custodian
in
a foreign country, if the person to be adopted has been
released
for adoption pursuant to the laws of the country in
which the
person resides and the release of such person is in a
form that
satisfies the requirements of the immigration and
naturalization
service of the United States department of justice
for purposes of
immigration to the United States pursuant to
section 101(b)(1)(F)
of the "Immigration and Nationality Act,"
75
Stat. 650 (1961), 8
U.S.C. 1101(b)(1)(F), as amended or
reenacted.
(K)(11) Except as provided in divisions (G)(A)(7) and
(H)(A)(8)
of this
section, a juvenile court, agency, or
person
given notice of the
petition pursuant to division
(A)(1) of
section 3107.11 of the
Revised
Code that fails to file an
objection to the petition
within fourteen days after proof is
filed pursuant
to division (B)
of that section that
the notice
was given;
(L)(12) Any guardian, custodian, or other party who has
temporary
custody of the child.
(B) For purposes of division (A)(1) of this section:
(1) A parent has provided more than de minimus contact with
the minor if the parent has contacted the minor an average of one
time per month during the year immediately preceding the filing of
the adoption petition or the placement of the minor in the home of
the petitioner.
(2)(a) If the minor is at least twelve months old at the time
of the filing of the adoption petition or the placement of the
minor in the home of the petitioner, a parent has failed to
provide for the maintenance and support of the minor as required
by law or judicial decree if the parent paid less than twenty-five
per cent of a court child support order, as defined in section
3119.01 of the Revised Code, for the minor during the preceding
year without justifiable cause.
(b) If the minor is less than twelve months old at the time
of the filing of the adoption petition or the placement of the
minor in the home of the petitioner, a parent has failed to
provide for the maintenance and support of the minor as required
by law or judicial decree if the parent paid less than twenty-five
per cent of the amount owed under a court child support order for
the minor during the preceding time period without justifiable
cause.
Sec. 3107.11. (A) After the filing of a petition to adopt
an
adult or a minor, the court shall fix a time and place for
hearing
the petition. The hearing may take place at any time
more
than
thirty days after the date on which the minor is placed
in
the
home of the petitioner. At least twenty days before the
date
of
hearing, notice of the filing of the petition and of the
time
and
place of hearing shall be given by the court to all of
the
following:
(1) Any juvenile court, agency, or person whose consent to
the
adoption is required by this chapter but who has not
consented;
(2) A person whose consent is not required as provided by
division
(A)(1), (G)(7), (H)(8), or (I)(9) of section
3107.07 of
the Revised
Code and has not consented;
(3) Any guardian, custodian, or other party who has
temporary
custody or
permanent custody of the child.
Notice shall not be given to a
person whose consent is not
required as provided by division
(B)(A)(2), (C)(3), (D)(4),
(E)(5), (F)(6), or
(J)(10)
of section 3107.07, or section
3107.071, of the Revised Code.
Second
notice shall not be given
to a juvenile court, agency, or
person whose consent
is not
required as provided by
division (K)(A)(11)
of section 3107.07 of
the Revised Code
because the court, agency,
or person failed to
file an objection to the
petition within
fourteen days after
proof was filed pursuant to division
(B) of
this section that a
first notice was
given to the court, agency,
or person pursuant
to division
(A)(1) of this section.
(B) Upon the filing of a petition for adoption that alleges
that a parent has
failed without justifiable cause to provide
more than de minimis contact with the
minor or to provide for the
maintenance and support
of the minor, the clerk of courts shall
send a notice to that parent with the following language in
boldface type and in all capital letters:
"A FINAL DECREE OF ADOPTION, IF GRANTED, WILL RELIEVE YOU OF ALL
PARENTAL RIGHTS AND RESPONSIBILITIES, INCLUDING THE RIGHT TO
CONTACT THE MINOR, AND, EXCEPT WITH RESPECT TO A SPOUSE OF THE
ADOPTION PETITIONER AND RELATIVES OF THAT SPOUSE, TERMINATE ALL
LEGAL RELATIONSHIPS BETWEEN THE MINOR AND YOU AND THE MINOR'S
OTHER RELATIVES, SO THAT THE MINOR THEREAFTER IS A STRANGER TO YOU
AND THE MINOR'S FORMER RELATIVES FOR ALL PURPOSES. IF YOU WISH TO
CONTEST THE ADOPTION, YOU MUST FILE
AN OBJECTION TO THE PETITION
WITHIN FOURTEEN DAYS AFTER PROOF OF
SERVICE OF NOTICE OF THE
FILING OF THE PETITION AND OF THE TIME
AND PLACE OF HEARING IS
GIVEN TO YOU. IF YOU WISH TO CONTEST THE ADOPTION, YOU MUST ALSO
APPEAR AT THE
HEARING. A FINAL DECREE OF ADOPTION MAY BE ENTERED
IF YOU FAIL TO
FILE AN OBJECTION TO THE ADOPTION PETITION OR
APPEAR AT THE
HEARING."
(C) All notices required under this section shall be given
as
specified in the Rules of Civil Procedure. Proof of the
giving of
notice shall be filed with the court before the
petition is
heard.
Sec. 3109.12. (A) If a child is born to an unmarried
woman,
the parents of the woman and any relative of the woman may
file a
complaint requesting the court of common pleas of the
county in
which the child resides to grant them reasonable
companionship or
visitation rights with the child. If a child is
born to an
unmarried woman and if the father of the child has
acknowledged
the child and that acknowledgment has become final
pursuant to
section 2151.232, 3111.25, or
3111.821 of the Revised
Code or has
been determined in an action under Chapter 3111. of the Revised
Code to be the father of the child, the father may file a
complaint
requesting that the court of appropriate jurisdiction of
the county in which
the child
resides grant him reasonable
parenting time rights with the child and the
parents of the father
and any relative of the father may file a
complaint requesting
that the court grant them reasonable companionship or
visitation
rights with the child.
(B) The court may grant the parenting time rights or
companionship or
visitation
rights requested under division (A) of
this section, if it
determines that the granting of the parenting
time rights or
companionship or visitation
rights is in the best
interest of the child. In determining
whether to grant reasonable
parenting time rights or
reasonable companionship or
visitation
rights with respect to any child, the court shall
consider all
relevant factors, including, but not limited to, the
factors set
forth in division (D) of section 3109.051 of the
Revised Code.
Divisions (C), (K), and (L) of section 3109.051 of
the Revised
Code apply to the determination of reasonable parenting time
rights or reasonable companionship or visitation rights under this
section
and to any
order granting any such rights that is issued
under this section.
The marriage or remarriage of the mother or father of a
child
does not affect the authority of the court under this
section to
grant the natural father reasonable parenting time
rights or the
parents or relatives of
the natural father or the parents or
relatives of the mother of
the child reasonable companionship or
visitation rights with
respect to the child.
If the court denies a request for reasonable parenting time
rights or
reasonable companionship
or visitation rights made
pursuant to division (A) of this
section and the complainant files
a written request for findings
of fact and conclusions of law, the
court shall state in writing
its findings of fact and conclusions
of law in accordance with
Civil Rule 52.
Except as provided in division (E)(6) of section 3113.31 of
the Revised Code,
if the court, pursuant to this section, grants
parenting time rights or companionship or visitation
rights with
respect to any child, it
shall not require the public children
services agency to provide supervision
of or other services
related to that parent's exercise of parenting time
rights with
the child or that person's exercise of companionship or
visitation
rights with the child. This section does not
limit the
power of a
juvenile court pursuant to Chapter 2151. of the
Revised Code to
issue orders with respect to children who
are alleged to be
abused, neglected, or dependent children or to make
dispositions
of children who are adjudicated abused, neglected, or dependent
children or of a common pleas court to issue orders pursuant to
section
3113.31 of the Revised Code.
Sec. 3109.19. (A) As used in this section, "minor"
has the
same meaning as in section 3107.01 of the Revised
Code.
(B)(1) If a child is born to parents who are unmarried and
unemancipated minors, a parent of one of the minors is
providing
support for the minors' child, and the minors have
not signed an
acknowledgment of paternity or a parent and child
relationship has
not been established between the child and the
male minor, the
parent who is providing support for the
child may request a
determination of the existence or
nonexistence of a parent and
child relationship between the
child and the male minor pursuant
to Chapter 3111. of the
Revised Code.
(2) If a child is born to parents who are unmarried
and
unemancipated minors, a parent of one of the minors is
providing
support for the child, and the minors have
signed an
acknowledgment of paternity that has become final pursuant to
section
2151.232, 3111.25, or
3111.821 of the
Revised Code or a
parent and child
relationship has been established between the
child and the male
minor pursuant to Chapter 3111. of the Revised
Code,
the parent who is providing support for the child may
file a
complaint requesting that the court issue an order or may
request
the child support enforcement agency of the county in
which the
child resides to issue an administrative order
requiring all of
the minors' parents to pay support for the child.
(C)(1) On receipt of a complaint filed under division
(B)(2)
of this section, the court shall schedule a hearing to
determine,
in accordance with
Chapters
3119., 3121., 3123., and 3125. of the
Revised Code, the amount of child support the
minors' parents are
required to pay, the method of paying
the support, and the method
of providing for the child's health care
needs. On
receipt of a
request
under division (B)(2) of this section, the agency shall
schedule a
hearing to determine, in accordance with
Chapters
3119., 3121., 3123., and 3125. of the Revised
Code, the amount of
child support the minors' parents are
required to pay, the method
of paying the
support, and the method of providing for the child's
health care
needs. At the conclusion of the hearing, the court or
agency shall issue
an
order requiring the payment of support of
the child and provision for the
child's health care needs. The
court or agency
shall calculate the
child support amount using the
income of the minors' parents
instead of the income of the minors.
If any of the minors'
parents are divorced, the court or agency
shall calculate the
child support as if they were married, and
issue a child support
order requiring the parents to pay a portion
of any support
imposed as a separate obligation. If a child
support order issued
pursuant to section 2151.23, 2151.231,
2151.232, 3111.13, or
3111.81 of the Revised Code requires one of
the minors
to
pay support for the child, the amount the minor is
required to pay
shall be deducted from any amount that minor's
parents are
required to pay pursuant to an order issued under this
section.
The hearing shall be held not later than sixty days
after the day the
complaint is filed or the request is made nor
earlier than thirty days after
the court or agency gives the
minors' parents notice of the action.
(2) An order issued by an agency for the payment of child
support shall include a notice stating all of the following: that
the
parents of the minors may object to the order by
filing a
complaint pursuant to division (B)(2) of this
section with the
court requesting that the court issue an order
requiring the
minors' parents to pay support for the child and provide for
the
child's health care needs; that
the complaint may be filed no
later than thirty days after the
date of the issuance of the
agency's order; and that, if none of the parents
of the minors
file a complaint pursuant to division (B)(2) of this
section, the
agency's order is final and enforceable by a
court and may be
modified and enforced only in accordance with
Chapters 3119.,
3121., 3123., and
3125. of
the Revised Code.
(D) An order issued by a court or agency
under this section
shall
remain in effect, except as modified pursuant to Chapters
3119., 3121., 3123.,
and 3125. of the Revised
Code until the
occurrence of any of the following:
(1) The minor who resides with the parents required to pay
support under this section reaches the age of eighteen years,
dies, marries,
enlists in the armed services, is deported, gains
legal or physical custody of the child, or is otherwise
emancipated.
(2) The child who is the subject of the order dies, is
adopted, is deported,
or is transferred to the legal or physical
custody of the minor who lives with
the parents required to pay
support under this section.
(3) The minor's parents to whom support is being paid
pursuant
to this section is no longer providing any support for
the
child.
(E) The minor's parents to whom support is being paid
under a
child support order issued by a court or agency pursuant to
this
section shall notify, and the minor's parents who are paying
support may notify the child support enforcement agency of the
occurrence of any event described in division (D) of this
section.
A willful failure to notify the agency as required by
this
division is contempt of court with respect to a court child
support
order. Upon receiving notification
pursuant to this
division, the agency shall comply with sections 3119.90 to 3119.94
of
the
Revised
Code.
Sec. 3111.02. (A) The parent and child relationship between
a child and the
child's natural mother may be established by proof
of her having given birth
to the child or pursuant to sections
3111.01 to
3111.18 or 3111.20 to 3111.85
of the Revised Code.
The
parent and child relationship between a child and
the natural
father of the child may be established by
an acknowledgment of
paternity as provided in
sections 3111.20 to 3111.35 of the
Revised Code, and pursuant to sections 3111.01 to
3111.18 or
3111.38 to
3111.54 of the Revised Code. The parent and child
relationship between a
child and the adoptive parent of the child
may be established by proof of
adoption or pursuant to Chapter
3107. of the Revised Code.
(B) A court that is determining a parent and child
relationship pursuant to
this chapter shall give full faith and
credit to a parentage determination
made under the laws of this
state or another state, regardless of whether the
parentage
determination was made pursuant to a voluntary
acknowledgement of
paternity, an administrative procedure, or a court proceeding.
Sec. 3111.03. (A) A man is presumed to be the natural
father
of a child under any of the following circumstances:
(1) The man and the child's mother are or have been
married
to each other, and the child is born during the marriage
or is
born within three hundred days after the marriage is
terminated by
death, annulment, divorce, or dissolution or after
the man and the
child's mother separate pursuant to a separation
agreement.
(2) The man and the child's mother attempted, before the
child's birth, to marry each other by a marriage that was
solemnized in apparent compliance with the law of the state in
which the marriage took place, the marriage is or could be
declared invalid, and either of the following applies:
(a) The marriage can only be declared invalid by a court
and
the child is born during the marriage or within three hundred
days
after the termination of the marriage by death, annulment,
divorce, or dissolution;
(b) The attempted marriage is invalid without a court
order
and the child is born within three hundred days after the
termination of cohabitation.
(3) An acknowledgment of paternity has been filed
pursuant
to
section
3111.23 or former section
5101.314 of the
Revised Code
and
has not become final under former section
3111.211 or
5101.314
or
section 2151.232, 3111.25, or 3111.821 of
the Revised Code.
(B) A presumption that arises under this section can
only be
rebutted by clear and convincing evidence that includes
the
results of genetic testing, except that a presumption that
is
conclusive
as provided in division (A) of section 3111.95 or
division (B) of section 3111.97 of the
Revised
Code cannot be
rebutted.
An acknowledgment of paternity
that
becomes final under
section 2151.232, 3111.25, or 3111.821 of
the Revised Code is not
a
presumption and shall be considered a
final and enforceable
determination of
paternity unless the
acknowledgment is rescinded
under section 3111.28 or
3119.962 of
the Revised Code.
If two or
more conflicting
presumptions arise
under this section, the court
shall determine,
based upon logic
and policy considerations, which
presumption
controls.
(C)(1) Except as provided in division (C)(2)
of this
section,
a presumption of paternity that arose pursuant to this
section
prior to
March 22, 2001, shall
remain valid on and after that date
unless rebutted pursuant to
division (B)
of this section. This
division does not apply to a
determination described in
division
(B)(3) of this section
as
division (B)(3) of this section
existed
prior to
March 22, 2001.
(2) A presumption of paternity that arose prior to
March 22,
2001, based on an acknowledgment of
paternity that became final
under
former section 3111.211 or,
5101.314, or section 2151.232 of
the Revised Code and a presumption of paternity that arose prior
to the effective date of this amendment based on an acknowledgment
of paternity that became final under former section 2151.232 or
3111.25 of the Revised Code or section 3111.821 of the Revised
Code as it existed prior to the effective date of this amendment
is not a
presumption and shall be considered a final and
enforceable
determination of
paternity unless the acknowledgment
is was rescinded
under former section 3111.28 or
section 3119.962
of the Revised Code prior to the effective date of this amendment.
Sec. 3111.32 3111.21. The department of job and family
services shall prepare
pamphlets that discuss the benefit of
establishing a parent and
child relationship, the proper procedure
for establishing a
parent and child relationship between a father
and his child, and
a toll-free telephone number that interested
persons may call for
more information regarding the procedures for
establishing a
parent and child relationship.
Sec. 3111.33 3111.22. The department of job and family
services shall make
available the pamphlets and the acknowledgment
of paternity affidavits and
statements
to the department of
health, to
each hospital it has a contract with pursuant to
section 3727.17
of the Revised Code, and to any individual who
requests a pamphlet.
The department of job and family services
shall make available
the affidavit acknowledging paternity to each
county child support
enforcement agency,
the department of health,
and any other person or agency that
requests copies.
Sec. 3111.35 3111.23. The director of job and family
services shall adopt rules
pursuant
to Chapter 119. of the Revised
Code to implement sections 3111.20 to 3111.34 3111.22 of the
Revised Code
that are consistent with Title IV-D of the
"Social
Security Act," 88 Stat. 2351, 42
U.S.C. 651 et seq., as amended.
Sec. 3111.381. (A) Except as provided in divisions (B), (C),
(D), and (E)
of this section, no person may bring an action under
sections 3111.01 to
3111.18 of the Revised Code unless the person
has requested an administrative determination
under section
3111.38 of the Revised Code of the existence or nonexistence of a
parent and
child relationship.
(B) An action to determine the existence or nonexistence of a
parent and child relationship may be brought by the child's mother
in the appropriate division of the court of common pleas in the
county in which the child resides, without requesting an
administrative determination, if the child's mother brings the
action in order to request an order to determine the allocation of
parental rights and responsibilities, the payment of all or any
part of the reasonable expenses of the mother's pregnancy and
confinement, or support of the child. The clerk of the court shall
forward a copy of the complaint to the child support enforcement
agency of the county in which the complaint is filed.
(C) An action to determine the existence or nonexistence of a
parent and child relationship may be brought by the putative
father of the child in the appropriate division of the court of
common pleas in the county in which the child resides, without
requesting an administrative determination, if the putative father
brings the action in order to request an order to determine the
allocation of parental rights and responsibilities. The clerk of
the court shall forward a copy of the complaint to the child
support enforcement agency of the county in which the complaint is
filed.
(D) If services are requested by the court, under divisions
(B) and (C) of this section, of the child support enforcement
agency to determine the existence or nonexistence of a parent and
child relationship, a Title IV-D application must be completed and
delivered to the child support enforcement agency.
(E) If the alleged father of a child is deceased and
proceedings for the probate of the estate of the alleged father
have been or can be commenced, the court with jurisdiction over
the probate proceedings shall retain jurisdiction to determine
the
existence or nonexistence of a parent and child relationship
between the alleged father and any child without an
administrative
determination being requested from a child support
enforcement
agency.
If an action for divorce, dissolution of
marriage, or legal
separation, or an action under section
2151.231 or 2151.232 of the
Revised Code requesting an order requiring the
payment of child
support and provision for the health care of a child,
has been
filed in a court of common
pleas and a question as to the
existence or nonexistence of a
parent and child relationship
arises, the court in which the
original action was filed shall
retain jurisdiction to determine
the existence or nonexistence of
the parent and child
relationship without an administrative
determination being
requested from a child support enforcement
agency.
If a juvenile court or other court with jurisdiction under
section 2101.022
or 2301.03 of the Revised Code issues a support
order under section 2151.231 or former section 2151.232 of the
Revised Code
relying on a presumption
under section 3111.03 of the
Revised Code, the
juvenile court or other court with jurisdiction
that issued the support
order shall retain jurisdiction if a
question as to the existence
of a parent and child relationship
arises.
Sec. 3111.64. The office of
child support in the department
of job and family services shall
establish and maintain a birth
registry that shall contain all
of the following information
contained in orders determining the
existence of a parent and
child relationship and acknowledgments
of paternity required to be
filed with the office:
(A) The names of the parents of the child subject
to the
order or acknowledgment;
(B) The name of the child;
(C) The resident address of each parent and
each parent's
social security number.
Sec. 3111.66. A court or child
support enforcement agency,
whichever is applicable, shall file
the following with the office
of child support:
(A) An order issued pursuant to section 3111.13 of the
Revised Code on or after January 1, 1998;
(B) An order issued pursuant to former section
3111.22 of the
Revised Code on or after
January 1, 1998, that has become
final
and enforceable;
(C) An order issued pursuant to section 3111.46 of the
Revised Code on or after
the effective date of this section
March
22, 2001.
On the filing of an order pursuant to
this section,
the
office shall enter the information on the order
in the birth
registry.
Sec. 3111.72. The contract between the department of
job and
family services and a local hospital shall require all of the
following:
(A) That the hospital provide a staff person to
meet with
each unmarried
mother who gave birth in or en route to the
hospital within
twenty-four hours of the birth or before the
mother is released
from the hospital;
(B) That the staff person attempt to meet with the father
of
the unmarried mother's child if possible;
(C) That the staff person explain to the unmarried mother
and
the father, if he is present, the benefit to the child of
establishing a parent and child relationship between the father
and the child and the various proper procedures for establishing
a
parent and child relationship;
(D) That the staff person present to the unmarried mother
and, if possible, the father, the pamphlet or statement
regarding
the rights and responsibilities of a natural parent that is
prepared and provided by the department of job and family services
pursuant to
section 3111.32 3111.21 of the Revised Code;
(E) That the staff person provide the mother and, if
possible, the father, all forms and statements
necessary to
voluntarily establish a parent and child
relationship, including,
but not limited to, the acknowledgment
of paternity affidavit
prepared by the department of job and family services
pursuant to
section 3111.31 of the Revised Code;
(F) That the staff person, at the request of both the
mother
and father, help the mother and father complete any form
or
statement necessary to establish a parent and child
relationship;
(G) That the hospital provide a notary public to notarize an
acknowledgment of paternity affidavit signed by the mother and
father;
(H) That the staff person present to an unmarried mother
who
is not participating in the Ohio works first program established
under
Chapter 5107. or receiving medical assistance under Chapter
5111. of the
Revised Code
an application for Title IV-D services;
(I) That the staff person forward any completed
acknowledgment of paternity, no later than ten days after it is
completed, to the office of child support in the department of
job
and family services;
(J) That the department of job and family services pay the
hospital twenty
dollars
for every correctly signed and notarized
acknowledgment of paternity affidavit
from the hospital.
Sec. 3111.78. A parent, guardian, or legal custodian of a
child,
the person with whom the child resides, or the child
support enforcement
agency of the county in which the child,
parent, guardian, or
legal custodian of the child resides may do
the following to
require a man to pay support and provide for the
health care needs
of the child if the man is presumed to be the
natural father of
the child under section 3111.03 of the Revised
Code:
(A) If the presumption is not based on an acknowledgment of
paternity, file File a complaint pursuant to section 2151.231 of
the
Revised Code in the juvenile
court or other court with
jurisdiction under section 2101.022 or 2301.03 of the Revised Code
of the county in which the child, parent, guardian, or legal
custodian resides;
(B) Ask an administrative officer of a child support
enforcement agency to issue an administrative order pursuant to
section
3111.81 of the Revised Code;
(C) Contact a child support enforcement agency for assistance
in
obtaining an order for support and the provision of health care
for the
child.
Sec. 3111.80. If a request for issuance of an administrative
support order is made under section 3111.29 or 3111.78 of the
Revised
Code or an administrative officer issues an administrative
order
determining the existence of a parent and child relationship
under
section 3111.46 of the Revised Code, the administrative
officer shall schedule an administrative hearing to determine, in
accordance with Chapters 3119. and 3121. of the Revised
Code, the
amount of child support any parent is required to pay, the method
of payment of child support, and the method of
providing for the
child's health care.
The administrative officer shall send the mother and the
father of
the child notice of the date, time, place, and purpose
of the
administrative hearing. With respect to an
administrative
hearing scheduled pursuant to an administrative order
determining,
pursuant to section 3111.46 of the Revised
Code,
the existence of
a parent and child relationship, the officer shall attach the
notice of the administrative hearing to the order and send it in
accordance
with that section.
The Rules of Civil Procedure shall
apply
regarding the sending of the notice, except to the extent
the
civil rules, by
their nature, are clearly inapplicable and
except that references in the
civil
rules to the court or the
clerk
of the court shall be construed as being references to the
child
support enforcement agency or the administrative officer.
The hearing shall be held no later than sixty days after the
request is made under section 3111.29 or 3111.78 of the Revised
Code or an administrative officer
issues an administrative order
determining the existence of a
parent and child relationship under
section 3111.46 of the
Revised
Code. The hearing shall not be
held
earlier than thirty days
after the officer gives the mother
and
father notice of the
hearing.
Sec. 3111.821. If a request is
made pursuant to section
3111.78 of the Revised Code for an administrative support order
and
the issue of the existence or nonexistence
of a parent and
child relationship is raised, the administrative officer shall
treat
the request as a request made pursuant to section 3111.38
of
the Revised Code
and determine the issue in accordance with that
section. If the request made
under section 3111.78 of the Revised
Code is made based on an acknowledgment of paternity
that has not
become final, the administrative
officer shall promptly notify the
office of child support
in the department of job and family
services when the officer issues an order
determining the
existence or nonexistence of a parent and child relationship
with
respect to the child who is the subject of the acknowledgment of
paternity.
On receipt of the notice by the
office, the
acknowledgment of paternity
shall be considered rescinded.
If the parties do not raise the issue of the existence or
nonexistence of
a parent and child relationship pursuant to the
request made under
section 3111.78 of the Revised Code and
an
administrative order is issued pursuant to
section 3111.81 of the
Revised Code prior to the date the
acknowledgment
of paternity
becomes final, the acknowledgment shall
be considered final as of
the date of the issuance of the order. An
administrative order
issued pursuant to
section 3111.81 of the Revised Code shall not
affect an
acknowledgment that becomes final
prior to the issuance
of the order.
Sec. 3119.01. (A) As used in the
Revised
Code, "child
support
enforcement agency" means a child support enforcement
agency
designated under former section 2301.35 of the Revised Code
prior to October 1, 1997, or a private or
government entity
designated as a child support enforcement agency
under section
307.981 of the
Revised
Code.
(B) As used in this
chapter and Chapters 3121., 3123., and
3125. of the Revised Code:
(1) "Administrative child support order" means any order
issued by a child support enforcement agency for the support of
a
child pursuant to section 3109.19 or
3111.81 of the Revised
Code
or former section 3111.211 of the Revised
Code, section 3111.21 of
the Revised Code as that
section existed prior to January 1, 1998,
or section 3111.20 or
3111.22 of the Revised Code as those
sections existed prior
to
March
22, 2001.
(2) "Child support order" means either a court child support
order or an
administrative child support order.
(3) "Obligee" means the person who is entitled to receive
the
support payments under a support order.
(4) "Obligor" means the person who is required to pay
support
under a support order.
(5) "Support order" means either an administrative child
support order or
a court support order.
(C) As used in this chapter:
(1) "Combined gross income" means the combined gross
income
of both parents.
(2) "Court child support order" means any order issued by
a
court for the support of a child pursuant to
Chapter 3115. of the
Revised Code, section
2151.23, 2151.231, 2151.232, 2151.33,
2151.36,
2151.361, 2151.49, 3105.21, 3109.05,
3109.19, 3111.13,
3113.04,
3113.07, 3113.31, 3119.65,
or 3119.70
of the
Revised
Code, former section 2151.232 of the Revised Code, or division (B)
of former section 3113.21 of the
Revised
Code.
(3) "Court support order" means either a court child support
order or an order for the support of a spouse
or former spouse
issued pursuant to
Chapter 3115. of the Revised Code, section
3105.18,
3105.65, or 3113.31 of the
Revised
Code, or
division (B)
of former section
3113.21 of the
Revised Code.
(4) "Extraordinary medical expenses" means any uninsured
medical expenses incurred for a child during a calendar
year that
exceed one hundred dollars.
(5) "Income" means either of the following:
(a) For a parent who is employed to full capacity, the
gross
income of the parent;
(b) For a parent who is unemployed or underemployed, the
sum
of the gross income of the parent and any potential income
of the
parent.
(6) "Insurer" means any person
authorized under Title XXXIX
of the Revised Code to
engage in the business of insurance in this
state, any
health insuring corporation,
and any legal entity that
is
self-insured and provides benefits to its employees or members.
(7) "Gross income" means, except as excluded in
division
(C)(7) of this section, the total of all earned and unearned
income from all
sources during a calendar year, whether or not the
income is
taxable, and includes income from
salaries, wages,
overtime pay, and bonuses to the extent described
in division (D)
of section 3119.05 of the Revised Code; commissions;
royalties;
tips; rents; dividends; severance pay; pensions; interest; trust
income; annuities; social security benefits, including retirement,
disability,
and survivor benefits that are not means-tested;
workers'
compensation benefits; unemployment insurance benefits;
disability insurance benefits; benefits that are not means-tested
and that are
received by and in the possession of
the veteran who
is the beneficiary for any service-connected disability under
a
program or law administered by the United States
department of
veterans'
affairs or veterans' administration; spousal support
actually received; and
all other sources of
income. "Gross
income"
includes income of members of any branch of the
United
States
armed services or national guard, including,
amounts
representing
base pay, basic allowance for quarters,
basic
allowance for
subsistence, supplemental subsistence
allowance,
cost of living
adjustment, specialty pay, variable
housing
allowance, and pay for
training or other types of
required drills;
self-generated income;
and potential cash flow
from any source.
"Gross income" does not include any of the following:
(a) Benefits received from
means-tested government
administered programs, including Ohio
works first; prevention,
retention, and contingency; means-tested veterans'
benefits;
supplemental security income; food stamps; disability financial
assistance;
or other assistance for which eligibility is
determined on the
basis of income or assets;
(b) Benefits for any
service-connected disability under a
program or law administered
by the United States department of
veterans' affairs or
veterans'
administration that are not
means-tested, that have not been distributed to
the veteran who is
the
beneficiary of the benefits, and that are in the possession of
the
United
States department of veterans' affairs or veterans'
administration;
(c) Child support received for
children who were not born or
adopted during the marriage at
issue;
(d) Amounts paid for mandatory deductions
from wages such as
union dues but not taxes, social security, or retirement in
lieu
of social security;
(e) Nonrecurring or unsustainable income
or cash flow items;
(f) Adoption assistance and foster care maintenance payments
made
pursuant to Title IV-E of the "Social
Security Act," 94 Stat.
501, 42 U.S.C.A. 670 (1980),
as amended.
(8) "Nonrecurring or unsustainable income or cash flow
item"
means an income or cash flow item the parent receives
in any year
or for any number of years not to exceed three years
that the
parent does not expect to continue to receive on a
regular basis.
"Nonrecurring or unsustainable income or cash
flow item" does not
include a lottery prize award that is not
paid in a lump sum or
any other item of income or cash flow that
the parent receives or
expects to receive for each year for a
period of more than three
years or that the parent receives and
invests or otherwise uses to
produce income or cash flow for
a period of more than three years.
(9)(a) "Ordinary and necessary expenses incurred in
generating gross receipts" means actual cash items expended by
the
parent or the parent's business and includes
depreciation expenses
of
business equipment as shown on the books of a
business entity.
(b) Except as specifically included in "ordinary and
necessary expenses incurred in generating gross receipts" by
division (C)(9)(a) of this section, "ordinary and
necessary
expenses incurred in generating gross receipts" does not include
depreciation expenses and other noncash items that are allowed as
deductions on any federal tax return of the parent or the
parent's
business.
(10) "Personal earnings" means compensation paid or
payable
for personal services, however denominated, and
includes wages,
salary, commissions,
bonuses, draws against commissions, profit
sharing, vacation
pay, or any other compensation.
(11) "Potential income" means both of the following for a
parent who the court pursuant to a court support order, or a child
support
enforcement agency pursuant to an administrative child
support order,
determines is voluntarily unemployed or voluntarily
underemployed:
(a) Imputed income that the court or agency determines the
parent would have earned if fully employed as determined from the
following criteria:
(i) The parent's prior employment experience;
(ii) The parent's education;
(iii) The parent's physical and mental disabilities, if any;
(iv) The availability of employment in the geographic area
in
which the parent resides;
(v) The prevailing wage and salary levels in the geographic
area
in which the parent resides;
(vi) The parent's special skills and training;
(vii) Whether there is evidence that the parent has the
ability to
earn the imputed income;
(viii) The age and special needs of the child for whom child
support is being calculated under this section;
(ix) The parent's increased earning capacity because of
experience;
(x) Any other relevant factor.
(b) Imputed income from any nonincome-producing assets of
a
parent, as determined from the local passbook savings rate or
another appropriate rate as determined by the court or agency,
not
to exceed the rate of interest specified in division (A) of
section 1343.03 of the Revised Code, if the income is significant.
(12) "Schedule" means the basic child support schedule set
forth in section 3119.021 of the Revised Code.
(13) "Self-generated income" means gross receipts received
by
a parent from self-employment, proprietorship of a business,
joint
ownership of a partnership or closely held corporation, and
rents
minus ordinary and necessary expenses incurred by the
parent
in
generating the gross receipts. "Self-generated income"
includes
expense reimbursements or in-kind payments received by a
parent
from self-employment, the operation of a business, or
rents,
including company cars, free housing,
reimbursed meals, and
other
benefits, if the reimbursements are
significant and reduce
personal living expenses.
(14) "Split parental rights and responsibilities" means a
situation in which there is more than one child who is the
subject
of an allocation of parental rights and responsibilities
and each
parent is the residential parent and legal custodian of
at least
one of those children.
(15) "Worksheet" means the applicable worksheet that is
used
to calculate a parent's child support obligation as
set forth in
sections 3119.022 and 3119.023 of the Revised Code.
Sec. 3119.961. (A) Notwithstanding the provisions to the
contrary
in
Civil Rule 60(B) and in accordance with
this
section,
a person
may file a motion for relief from a final
judgment, court
order, or
administrative determination or order
that determines
that the person or a
male minor referred to in
division (B) of
section 3109.19 of the
Revised Code is the father
of a child or
from a child
support order under which the
person
or
male minor is
the obligor.
Except as otherwise provided in
this section, the
person shall file the motion in the
division of the
court
of
common pleas of
the county in which the original
judgment, court
order,
or
child support order was
made
or issued or in the
division of the court of
common pleas of the county that has
jurisdiction involving the
administrative determination or order.
If the determination of
paternity is an acknowledgment of
paternity that has become final
under section 2151.232, 3111.25,
or
3111.821 of the Revised Code
or former section 2151.232,
3111.211, 3111.25, or
5101.314 of the Revised Code or section
3111.821 of the Revised Code as it existed prior to the effective
date of this amendment, the
person shall file the
motion in
the
juvenile court or other court
with jurisdiction of the county
in
which the
person or the child
who is the subject of the
acknowledgment
resides.
(B) On the motion of any adverse party or on its own
motion,
the court in which an action is brought under this section may
transfer the action to the
county in which an adverse party
resides when it appears to the court that
the location of the
original venue presents a hardship for that adverse party.
Sec. 3119.962. (A)(1) Upon the filing of a motion for relief
under section 3119.961 of the Revised Code, a court shall grant
relief from a final
judgment, court order,
or administrative
determination or order that determines that a person or male
minor
is the father of a
child or from a child support order under which
a person or male minor is the obligor if all of the following
apply:
(a) The court receives genetic test results from a genetic
test
administered no more than six months prior to the filing of
the motion for
relief that finds
that there is a zero per cent
probability that the person or male minor is the
father of the
child.
(b) The person or male minor has not adopted the child.
(c) The child was not conceived as a result of artificial
insemination in compliance with sections 3111.88 to
3111.96 of the
Revised Code.
(2) A court shall not deny relief from a final judgment,
court order,
or administrative determination or order that
determines that a person or
male minor is the father of a child or
from a child
support order under which a person
or male minor is
the obligor
solely because of the
occurrence of any of the
following acts
if the person or
male minor at the time of or prior
to the occurrence of that act did not know
that he was
not the
natural father of the child:
(a) The person or male minor was required to support the
child
by a
child support order.
(b) The person or male minor validly signed the child's
birth
certificate as an informant as provided in section 3705.09 of the
Revised Code as that section existed prior to
January 1, 1998.
(c) The person or male minor was named in an
acknowledgment
of
paternity of the child that a court entered upon its journal
pursuant to former section 2105.18 of the Revised Code.
(d) The person or male minor was named in an
acknowledgment
of
paternity of the child that has become became final under
section
2151.232, 3111.25, or 3111.821 of the Revised Code or
former section
2151.232, 3111.211, 3111.25, or 5101.314 of the
Revised Code or section 3111.821 of the Revised Code as it existed
prior to the effective date of this amendment.
(e) The person or male minor was presumed to be the
natural
father of the child under any of the circumstances listed in
section 3111.03 of the Revised Code.
(f) The person or male minor was presumed to be the
natural
father of the child under any of the circumstances listed in:
(i) Division (A)(3) of section 3111.03 of the Revised Code
as
that division existed prior to January 1, 1998;
(ii) Division (A)(3) of section 3111.03 of the Revised Code
as
that division existed on and after January 1, 1998, and prior
to
the
effective date of this amendment
March 22, 2001;
(iii) Division (A)(5) of section 3111.03 of the Revised Code
as
that division existed prior to
the effective date of this
amendment
March 22, 2001.
(g) The person or male minor was determined to be the father
of
the child in a parentage action under Chapter 3111. of the
Revised Code.
(h) The person or male minor otherwise admitted or
acknowledged
himself to be the child's natural father.
(B) A court shall not grant relief from a final judgment,
court
order,
or administrative determination or order that
determines that a person or male
minor is
the father of a
child or
from a child support order under which a
person or male minor is
the obligor if the court determines, by a
preponderance of the
evidence, that the person or male minor knew that he was not the
natural father of the child before any of the following:
(1) Any act listed in divisions (A)(2)(a) to
(d) and
(A)(2)(f) of this section
occurred.
(2) The person or male minor was presumed to be the natural
father of the
child under any of the circumstances listed in
divisions division (A)(1) to
(3) of section 3111.03 of the Revised
Code.
(3) The person or male minor otherwise admitted or
acknowledged himself to
be the child's father.
(C) If the determination of paternity from which relief is
sought
is an acknowledgment of paternity that has become final
under section
2151.232, 3111.25, or 3111.821
of the Revised Code
or former section 2151.232, 3111.211, 3111.25, or 5101.314
of the
Revised Code or section 3111.821 of the Revised Code as it existed
prior to the effective date of this amendment, and the court
grants the motion for
relief, it shall order the acknowledgment to
be rescinded and
destroyed and order the department of job and
family services to
remove all information relating to the
acknowledgment from the
birth registry.
Sec. 3125.28. (A) Notwithstanding any other section of the
Revised
Code and except as provided in
section 3125.29 of the
Revised Code, a child support enforcement agency shall collect and
disburse all
support
amounts under a support order it is
administering pursuant to law as it
existed
prior to January
1,
1998, and shall collect the
additional amount imposed under
division
(G)(1) of section 2301.35 of the Revised Code as it
existed
prior to January
1, 1998, until the support order
is
converted to the automated data processing system under
section
3125.07 of the Revised Code
and the office of child
support
authorizes
centralized collection and disbursement of support
amounts
under the support order pursuant to the rules adopted
under
section 3121.71 of the Revised Code.
(B) Notwithstanding any other section of the
Revised Code and
except as provided in
section 3125.29 of the Revised Code, the
agency administering the support order
shall collect the amounts
permitted to be collected, and perform other duties
required, with
respect to the support order pursuant to division
(D)(1) of
section 2301.373,
division (B)(3)(a) of section
2301.374,
divisions (E)(4)(b), (F),
and (I) of former section 3111.23,
division
(E) of section 3111.99,
divisions (G)(4)(b), (H)(3),
and
(K) of former section 3113.21, division
(B) of section 3113.212,
division (E) of section 3113.99, and division (A)(3) of
section
5101.323
of the Revised
Code as those sections existed
prior to
January
1, 1998, and the agency shall
collect the amounts
permitted to be collected by the office of child support,
and
perform other duties required of the office, with respect to the
support order pursuant to
section 3123.62 and
section 3123.72 of
the Revised Code,
until the support order is converted and
authorization for centralized collection and disbursement is
given.
Sec. 3305.21. (A) As used in this section,
"alternate
payee,"
"benefit,"
"lump sum
payment," and
"participant" have the
same meanings as in section 3105.80 of the Revised Code.
(B) On receipt of an order issued under section 3105.171 or
3105.65 of the Revised Code, an entity providing a participant's
alternative retirement plan
shall determine whether the order
meets the requirements of sections 3105.80
to
3105.90 of the
Revised Code, the. The entity shall retain in the
particant's
participant's record
an
order
the
entity determines meets the
requirements. Not later
than ten days after
receipt, the entity
shall return to the court
that issued the order any order
the
entity determines does not
meet the requirements.
(C) The entity shall comply with an order retained under
division
(B) of this section at the following times as
appropriate:
(1) If the participant has applied for or is receiving a
benefit or has
applied for but not yet received a lump sum
payment, as soon as practicable;
(2) If the participant has not applied for a benefit or lump
sum payment,
on application by the participant for a benefit or
lump sum payment.
(D) If an entity providing an alternative retirement plan is
required to transfer a participant's account balance to an entity
providing an
alternative retirement plan that is not named in the
order, the transferring
entity shall do both of the following:
(1) Notify the court that issued the order by sending the
court a copy of
the order and the name and address of the entity
to which the transfer was
made.
(2) Send a copy of the order to the entity to which the
transfer was made.
(E) An entity that receives a participant's account balance
and a
copy of
an order as provided in division (D) of this
section,
shall administer the order as if it were the entity named
in the order.
(F) If a participant's
benefit or lump sum payment is or
will
be subject to more than one
order described in section
3105.81 of
the
Revised Code or to an order described in section
3105.81
of
the Revised Code and a withholding order under section
former
section 3111.23 or 3113.21 of the Revised Code,
the entity
providing the
alternative retirement plan
shall, after determining
that
the
amounts that are or will be withheld will cause the
benefit or
lump sum
payment to fall below the limits described in
section
3105.85 of the Revised Code, do all of
the
following:
(1) Establish, in accordance with division (G) of this
section
and subject to the limits described in section 3105.85
of
the Revised Code, the priority in which the orders are or
will
be
paid;
(2) Reduce the amount paid to an alternate payee based on
the
priority established under division (F)(1) of this section;
(3) Notify, by regular
mail, a participant and alternate
payee of any action taken under
this division.
(G) A withholding or deduction notice issued under
section
former section 3111.23 or 3113.21 of the Revised Code or an order
described in
section 3115.32 of the Revised Code has
priority over
all other
orders and shall be complied with in accordance with
child support
enforcement laws. All other orders are entitled to
priority in
order of earliest retention by the entity providing a
participant's
alternative retirement plan. The entity is not to
retain an
order that provides for the division of property unless
the order is filed in
a court with jurisdiction in this state.
(H) An entity providing an alternative retirement plan is
not
liable in civil damages for loss resulting from any action or
failure to act
in compliance with this section.
Sec. 3307.371. (A) As used in this section, "alternate
payee,"
"benefit," "lump sum
payment," "participant," and "public
retirement program" have the same
meanings as in section 3105.80
of the Revised Code.
(B) On receipt of an order issued under section 3105.171 or
3105.65 of the Revised Code, the state teachers retirement
system
shall determine whether the order meets the requirements of
sections
3105.80 to 3105.90 of the Revised Code. The system shall
retain in the participant's record an order the board determines
meets the
requirements. Not later than sixty days after
receipt,
the system shall return to the court that issued the order
any
order the system determines does not meet the requirements.
(C) The system shall comply with an order retained
under
division (B) of this section at the following times as
appropriate:
(1) If the participant has applied for or is receiving a
benefit or has applied for but not yet received a lump sum
payment,
as soon as practicable;
(2) If the
participant has not applied for a benefit or lump
sum payment,
on application by the participant for a benefit or
lump
sum payment.
(D) If the system transfers a participant's service credit
or
contributions made by or on behalf of a participant to a
public
retirement program that is not named in the order, the system
shall do
both of the following:
(1) Notify the court that issued the order
by sending to the
court a copy of the order and the name and address
of the public
retirement program to which the transfer was made.
(2) Send a copy of the order to the public retirement
program
to which the transfer was made.
(E) If it receives a participant's service credit or
contributions and a copy of
an order as provided in division (D)
of this section, the system
shall administer the order as if it
were the public retirement program named
in the order.
(F) If a participant's
benefit or lump sum payment is or
will
be subject to more than one
order described in section
3105.81 of
the
Revised Code or to an order described in section
3105.81
of
the Revised Code and a withholding order under section
former
section 3111.23 or 3113.21 of the Revised Code,
the system
shall,
after
determining that
the amounts that are or will be withheld
will
cause the benefit or lump sum
payment to fall below the
limits
described in section 3105.85 of the Revised Code, do all of
the
following:
(1) Establish, in accordance with division (G) of this
section
and subject to the limits described in section 3105.85
of
the Revised Code, the priority in which the orders are or
will
be
paid by the system in accordance with division (G) of this
section;
(2) Reduce the amount paid to an alternate payee based on
the
priority established under division (F)(1) of this section;
(3) Notify, by regular
mail, a participant and alternate
payee of any action taken under
this division.
(G) A withholding or deduction notice issued under section
former section
3111.23 or 3113.21 of the Revised Code or an order
described in
section 3115.32 of the Revised Code has
priority over
all other
orders and shall be complied with in accordance with
child support
enforcement laws. All other orders are entitled to
priority in
order of earliest retention by the system. The system
is not to
retain an
order that provides for the division of
property unless
the order is filed in
a court with jurisdiction in
this state.
(H) The system is not liable in civil damages for loss
resulting
from any action or failure to act in compliance with
this section.
Sec. 3309.671. (A) As used in this section, "alternate
payee,"
"benefit," "lump
sum payment," "participant," and "public
retirement program" have the same
meanings as in section 3105.80
of the Revised Code.
(B) On receipt of an order issued under section 3105.171 or
3105.65 of the Revised Code, the school employees retirement
system
shall determine whether the order meets the requirements of
sections
3105.80 to 3105.90 of the Revised Code. The system shall
retain in the participant's record an order the system determines
meets the requirements. Not later than sixty days after receipt,
the system shall return to the court that issued the order any
order the system determines does not meet the requirements.
(C) The system shall comply with an order retained
under
division (B) of this section at the following times as
appropriate:
(1) If the participant has applied for or is receiving a
benefit or has applied for but not yet received a lump sum
payment,
as soon as practicable;
(2) If the
participant has not applied for a benefit or lump
sum payment,
on application by the participant for a benefit or
lump
sum payment.
(D) If the system transfers a participant's service credit
or
contributions made by or on behalf of a participant to a
public
retirement program that is not named in the order, the system
shall do
both of the following:
(1) Notify the court that issued
the order by sending the
court a copy of the order and the name
and address of the public
retirement program to which the transfer was
made.
(2) Send a copy of the order to the public retirement
program
to which the
transfer was made.
(E) If it receives a participant's service credit or
contributions and a copy of
an order as provided in division (D)
of this section, the system
shall administer the order as if it
were the public retirement program named
in the order.
(F) If a participant's
benefit or lump sum payment is or
will
be subject to more than one
order described in section
3105.81 of
the
Revised Code or to an order described in section
3105.81
of
the Revised Code and a withholding order under section former
section 3111.23 or 3113.21 of the Revised Code,
the system
shall,
after
determining that
the amounts that are or will be withheld
will
cause the benefit or lump sum
payment to fall below the
limits
described in section 3105.85 of the Revised Code, do all of
the
following:
(1) Establish, in accordance with division (G) of this
section
and subject to the limits described in section 3105.85
of
the Revised Code, the priority in which the orders are or
will
be
paid by the system;
(2) Reduce the amount paid to an alternate payee based on
the
priority established under division (F)(1) of this section;
(3) Notify, by regular
mail, a participant and alternate
payee of any action taken under
this division.
(G) A withholding or deduction notice issued under section
former section
3111.23 or 3113.21 of the Revised Code or an order
described in
section 3115.32 of the Revised Code has
priority over
all other
orders and shall be complied with in accordance with
child support
enforcement laws. All other orders are entitled to
priority in
order of earliest retention by the system. The system
is not to
retain an
order that provides for the division of
property unless
the order is filed in
a court with jurisdiction in
this state.
(H) The system is not liable in civil damages for loss
resulting
from any action or failure to act in compliance with
this section.
Sec. 3705.09. (A) A birth certificate for each live birth
in
this state shall be filed in the registration district in
which
it
occurs within ten days after such birth and shall be
registered
if
it has been completed and filed in accordance with
this
section.
(B) When a birth occurs in or en route to an institution,
the
person in charge of the institution or a designated
representative
shall obtain the personal data, prepare the
certificate, secure
the signatures required, and file the
certificate within ten days
with the local registrar of vital
statistics. The physician in
attendance shall provide the
medical
information required by the
certificate and certify to
the facts
of birth within seventy-two
hours after the birth.
(C) When a birth occurs outside an institution, the birth
certificate shall be prepared and filed by one of the following
in
the indicated order of priority:
(1) The physician in attendance at or immediately after
the
birth;
(2) Any other person in attendance at or immediately after
the birth;
(5) The person in charge of the premises where the birth
occurred.
(D) Either of the parents of the child or other informant
shall attest to the accuracy of the personal data entered on the
birth certificate in time to permit the filing of the certificate
within the ten days prescribed in this section.
(E) When a birth occurs in a moving conveyance within the
United States and the child is first removed from the conveyance
in this state, the birth shall be registered in this state and
the
place where it is first removed shall be considered the place
of
birth. When a birth occurs on a moving conveyance while in
international waters or air space or in a foreign country or its
air space and the child is first removed from the conveyance in
this state, the birth shall be registered in this state but the
record shall show the actual place of birth insofar as can be
determined.
(F)(1) If the mother of a child was married at the time of
either conception or birth or between conception and birth, the
child shall be registered in the surname designated by the
mother,
and the name of the husband shall be entered on the
certificate as
the father of the child. The presumption of
paternity shall be in
accordance with section 3111.03 of the
Revised Code.
(2) If the mother was not married at the time of conception
or
birth or between conception and birth, the child shall be
registered by the surname designated by the mother. The name
of
the father of such child shall also be inserted on the birth
certificate if
both the mother and the father sign an
acknowledgement of paternity
affidavit before the
birth record has
been sent to the
local registrar. If the father is not named on
the birth certificate
pursuant to division (F)(1) or (2) of this
section, no other
information about the father
shall be entered on
the record.
(G) When a man is presumed, found, or declared to be the
father of a
child, according to
section 2105.26, sections 3111.01
to 3111.18,
former section 3111.21, or sections 3111.38 to
3111.54
of the Revised Code, or the father
has acknowledged the
child
as
his child in an acknowledgment of paternity, and
the
acknowledgment has become final pursuant to section
2151.232,
3111.25, or
3111.821 of the Revised Code,
and documentary
evidence of such fact
is submitted to the department of health in
such form as the director may
require, a new birth
record shall be
issued by the department which shall have the
same overall
appearance as the record which would have been
issued under this
section if a marriage had occurred before the
birth of such child.
Where handwriting is required to effect
such appearance, the
department shall supply it. Upon the
issuance of such new birth
record, the original birth record
shall cease to be a public
record.
Except as provided in division (C) of section 3705.091 of
the Revised Code,
the The original record and any
documentary
evidence
supporting the new registration of birth
shall be placed
in an
envelope which shall be sealed by the
department and shall
not be
open to inspection or copy unless so
ordered by a court of
competent jurisdiction.
The department shall then promptly forward a copy of the
new
birth record to the local registrar of vital statistics of
the
district in which the birth occurred, and such local
registrar
shall file a copy of such new birth record along with
and in the
same manner as the other copies of birth records in
such local
registrar's possession. All copies of the original
birth record
in
the possession of the local registrar or the
probate court, as
well as any and all index references to it,
shall be destroyed.
Such new birth record, as well as any
certified or exact copy of
it, when properly authenticated by a
duly authorized person shall
be prima-facie evidence in all
courts and places of the facts
stated in it.
(H) When a woman who is a legal resident of this state has
given birth to a child in a foreign country that does not have a
system of registration of vital statistics, a birth record may be
filed in the office of vital statistics on evidence satisfactory
to the director of health.
(I) Every birth certificate filed under this section on or
after July 1, 1990, shall be accompanied by all social security
numbers that have been issued to the parents of the child, unless
the division of child support in the department of
job and family
services,
acting in accordance with regulations prescribed under
the
"Family Support Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 405,
as
amended, finds good cause for not requiring that the numbers be
furnished with the certificate. The parents' social security
numbers shall not be recorded on the certificate. The local
registrar of vital statistics shall transmit the social security
numbers to the state office of vital statistics in accordance
with
section 3705.07 of the Revised Code. No social security
number
obtained under this division shall be used for any purpose
other
than child support enforcement.
Sec. 3705.24. (A)(1) The public health council shall, in
accordance with section 111.15 of the Revised Code, adopt rules
prescribing fees for the following services provided by the state
office of vital statistics:
(a) Except as provided in division (A)(4) of this section:
(i) A certified copy of a vital record or a certification of
birth;
(ii) A search by the office of vital statistics of its files
and records pursuant to a request for information, regardless of
whether a copy of a record is provided;
(iii) A copy of a record provided pursuant to a request;
(b) Replacement of a birth certificate following an adoption,
legitimation, paternity determination or acknowledgement, or court
order;
(c) Filing of a delayed registration of a vital record;
(d) Amendment of a vital record that is requested later than
one year after the filing date of the vital record;
(e) Any other documents or services for which the public
health council considers the charging of a fee appropriate.
(2) Fees prescribed under division (A)(1)(a) of this section
shall not be less than seven dollars.
(3) Fees prescribed under division (A)(1) of this section
shall be collected in addition to any fees required by sections
3109.14 and 3705.242 of the Revised Code.
(4) Fees prescribed under division (A) of this section shall
not apply to certifications issued under division (H) of this
section or copies provided under section 3705.241 of the Revised
Code.
(B) In addition to the fees prescribed under division (A) of
this section or section 3709.09 of the Revised Code, the office of
vital statistics or the board of health of a city or general
health district shall charge a five-dollar fee for each certified
copy of a vital record and each certification of birth. This fee
shall be deposited in the general operations fund created under
section 3701.83 of the Revised Code and be used to
support the
operations, the modernization, and the automation of
the vital
records program in this state. A board of
health shall forward
all fees collected under this division to the
department of
health not later than thirty days after the end of
each calendar
quarter.
(C) Except as otherwise provided in division (H) of
this
section, and except as provided in section 3705.241
of the Revised
Code, fees collected by the director of health under
sections
3705.01 to 3705.29 of the Revised Code shall be paid
into the
state treasury to the credit of the general operations fund
created by section 3701.83 of the Revised Code.
Except as
provided in division (B) of this section, money generated by the
fees shall be used only for administration and
enforcement of this
chapter and the rules adopted under it.
Amounts submitted to the
department of health for copies of vital records or services in
excess of the
fees imposed by this section shall be dealt with as
follows:
(1) An overpayment of two dollars or less shall be
retained
by the department and deposited in the state treasury to the
credit of the general operations fund created by section 3701.83
of the
Revised Code.
(2) An overpayment in excess of two dollars shall be
returned
to the person who made the overpayment.
(D) If a local registrar is a salaried employee of a city
or
a general health district, any fees the local registrar
receives
pursuant to section 3705.23 of the Revised Code shall be paid into
the general fund of the city or the health fund of the general
health
district.
Each local registrar of vital statistics, or each health
district where the local registrar is a salaried employee of the
district, shall be entitled to a fee for each birth, fetal death,
death, or military service certificate properly and completely
made out and registered with the local registrar or district and
correctly copied and
forwarded to the office of vital statistics
in accordance with
the population of the primary registration
district at the last
federal census. The fee for each birth, fetal
death, death, or
military service certificate shall be:
(1) In primary registration districts of over two hundred
fifty thousand, twenty cents;
(2) In primary registration districts of over one hundred
twenty-five thousand and less than two hundred fifty thousand,
sixty cents;
(3) In primary registration districts of over fifty
thousand
and less than one hundred twenty-five thousand, eighty
cents;
(4) In primary registration districts of less than fifty
thousand, one dollar.
(E) The director of health shall annually certify to the
county treasurers of the several counties the number of birth,
fetal death, death, and military service certificates registered
from their respective counties with the names of the local
registrars and the amounts due each registrar and health district
at the rates fixed in this section. Such amounts shall be paid
by
the treasurer of the county in which the registration
districts
are located. No fees shall be charged or collected by
registrars
except as provided by this chapter and section 3109.14
of the
Revised Code.
(F) A probate judge shall be paid a fee of fifteen cents
for
each certified abstract of marriage prepared and forwarded by
the
probate judge to the department of health pursuant to section
3705.21 of
the Revised Code. The fee shall be in addition to the
fee paid
for a marriage license and shall be paid by the
applicants for
the license.
(G) The clerk of a court of common pleas shall be paid a
fee
of one dollar for each certificate of divorce, dissolution,
and
annulment of marriage prepared and forwarded by the clerk to the
department pursuant to section 3705.21 of the Revised Code. The
fee for the certified abstract of divorce, dissolution, or
annulment of marriage shall be added to the court costs allowed
in
these cases.
(H) The fee for an heirloom certification of birth issued
pursuant to
division (B)(2) of section 3705.23 of the Revised
Code
shall be an amount prescribed by rule by the
director of health
plus any fee required by section 3109.14 of the
Revised Code. In
setting the amount of the fee, the director shall
establish a
surcharge in addition to an amount necessary to offset the expense
of processing heirloom certifications of birth. The fee prescribed
by the director of health
pursuant to this division shall be
deposited
into
the state treasury to the credit of the heirloom
certification of birth fund
which is hereby created. Money
credited to the fund shall be used by the
office of vital
statistics to offset the expense of processing heirloom
certifications of birth. However, the money collected for the
surcharge,
subject to the approval of the controlling board, shall
be used for the
purposes specified by the family and children
first council pursuant to
section 121.37 of the Revised Code.
Sec. 3727.17. Each hospital shall provide a staff person
to
do all of the following:
(A) Meet with each unmarried mother who gave birth in or
en
route to the hospital within twenty-four hours after the birth
or
before the mother is released from the hospital;
(B) Attempt to meet with the father of the unmarried
mother's
child if possible;
(C) Explain to the unmarried mother and the father, if the
father is present, the benefit to the child of establishing a
parent and
child relationship between the father and the child and
the
various proper procedures for establishing a parent and child
relationship;
(D) Present to the unmarried mother and, if possible, the
father, the pamphlet or statement regarding the rights and
responsibilities of a natural parent prepared by the department
of
job and family services pursuant to section
3111.32 3111.21 of
the
Revised
Code;
(E) Provide the unmarried mother, and if possible the
father,
all forms and statements
necessary to
voluntarily
establish a
parent and child relationship, including
the
acknowledgment of
paternity form prepared by the
department of job
and family
services pursuant to section
3111.31 of the Revised
Code;
(F) Upon both the mother's and father's request, help the
mother and father complete any specific form or statement
necessary to
establish a parent and child relationship;
(G) Present to an unmarried mother who is not a recipient
of
medicaid or a participant in Ohio works first an application for
Title IV-D
services;
(H) Mail the
voluntary acknowledgment of paternity, no later
than ten days after
it is completed, to the office
of child
support in the department of job and family services.
Each hospital shall provide a notary public to notarize an
acknowledgment
of paternity signed by the mother and father.
If a
hospital knows or
determines that a man is presumed under section
3111.03 of the
Revised Code to be the father of the child
described in this section and that the presumed father is not the
man who
signed or is attempting to sign an acknowledgment with
respect to the
child, the hospital shall take no further
action
with regard to the acknowledgment and shall not mail
the
acknowledgment pursuant to this
section.
A hospital may contract with a person or government
entity to
fulfill its responsibilities under this section and
sections
3111.71 to 3111.74 3111.73 of the
Revised
Code. Services provided
by a
hospital under this section or pursuant to a contract under
sections 3111.71 and 3111.77 of the
Revised Code do not constitute
the
practice of law. A hospital shall not be subject to criminal
or
civil liability for any damage or injury alleged to result from
services provided pursuant to this section or
sections 3111.71 to
3111.74 3111.73 of the Revised
Code unless the hospital acted with
malicious purpose, in bad faith, or in a
wanton or reckless
manner.
Sec. 5103.16. (A) Except as otherwise provided in this
section, no child
shall be placed or accepted for placement under
any written or
oral agreement or understanding that transfers or
surrenders the
legal rights, powers, or duties of the legal
parent, parents, or
guardian of the child into the temporary or
permanent custody of
any association or institution
that is not
certified by the
department of job and family
services under
section 5103.03 of the
Revised Code,
without the written consent
of the office in the
department that
oversees the interstate
compact for placement
of
children established under
section
5103.20
of the Revised Code
or
the interstate compact on the
placement of children established
under section 5103.23 of the
Revised Code, as applicable, or by a
commitment of a
juvenile
court, or by
a commitment of a probate
court as provided in this
section. A
child may be placed
temporarily without
written
consent or court
commitment with
persons related by blood
or
marriage or in a
legally licensed
boarding home.
(B)(1) Associations and institutions certified under
section
5103.03 of the Revised Code for the purpose of placing children in
free foster homes or for legal
adoption shall keep a record of the
temporary and permanent
surrenders of children. This record shall
be available for
separate statistics, which shall include a copy
of an official
birth record and all information concerning the
social, mental,
and medical history of the children that will aid
in an
intelligent disposition of the children in case that becomes
necessary because the parents or guardians fail or are unable to
reassume custody.
(2) No child placed on a temporary surrender with an
association or institution shall be placed permanently in a
foster
home or for legal adoption. All surrendered children who
are
placed permanently in foster homes or for adoption shall have
been
permanently surrendered, and a copy of the permanent
surrender
shall be a part of the separate record kept by the
association or
institution.
(C) Any agreement or understanding to transfer or
surrender
the legal rights, powers, or duties of the legal parent
or parents
and place a child with a person seeking to adopt the
child under
this section shall be construed to contain a promise
by the person
seeking to adopt the child to pay the expenses
listed in divisions
(C)(1), (2), and (4) of section 3107.055 of
the Revised Code and,
if the person seeking to adopt the child
refuses to accept
placement of the child, to pay the temporary
costs of routine
maintenance and medical care for the child in a
hospital, foster
home, or other appropriate place for up to
thirty days or until
other custody is established for the child,
as provided by law,
whichever is less.
(D) No child shall be placed or received for adoption or
with
intent to adopt unless placement is made by a public children
services
agency, an institution or
association that is certified
by the department of
job and family services under section 5103.03
of the
Revised Code to place children for
adoption, or custodians
in another state or foreign country, or unless all of
the
following criteria are met:
(1) Prior to the placement and receiving of the child, the
parent or parents of the child personally have applied to, and
appeared before, the probate court of the county in which the
parent or parents reside, or in which the person seeking to adopt
the child resides, for approval of the proposed placement
specified in the application and have signed and filed with the
court a written statement showing that the parent or parents are
aware of their right to contest the decree of adoption subject to
the limitations of section 3107.16 of the Revised Code;
(2) The court ordered an independent home study
of the
proposed placement to be conducted as provided in section
3107.031
of the Revised Code, and after completion of the
home study, the
court determined that the proposed placement is in the
best
interest of the child;
(3) The court has approved of record the proposed
placement.
In determining whether a custodian has authority to place
children for adoption under the laws of a foreign country, the
probate court shall determine whether the child has been released
for adoption pursuant to the laws of the country in which the
child resides, and if the release is in a form that satisfies the
requirements of the immigration and naturalization service of the
United States department of justice for purposes of immigration
to
this country pursuant to section 101(b)(1)(F) of the
"Immigration
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C.
1101
(b)(1)(F), as amended or reenacted.
If the parent or parents of the child are deceased or have
abandoned the child, as determined under division (A)(1) of
section
3107.07 of the Revised Code, the application for approval
of the
proposed adoptive placement may be brought by the relative
seeking
to adopt the child, or by the department, board, or
organization
not otherwise having legal authority to place the
orphaned or
abandoned child for adoption, but having legal
custody
of the
orphaned or abandoned child, in the probate court
of the
county in
which the child is a resident, or in which the
department, board,
or organization is located, or where the
person
or persons with
whom the child is to be placed reside.
Unless the
parent, parents,
or guardian of the person of the
child personally
have appeared
before the court and applied for
approval of the
placement, notice
of the hearing on the
application shall be
served on the parent,
parents, or guardian.
The consent to placement, surrender, or adoption executed
by
a minor parent before a judge of the probate court or an
authorized deputy or referee of the court, whether executed
within
or outside the confines of the court, is as valid as
though
executed by an adult. A consent given as above before an
employee
of a children services agency that is licensed as
provided by law,
is equally effective, if the consent also is
accompanied by an
affidavit executed by the witnessing employee
or employees to the
effect that the legal rights of the parents
have been fully
explained to the parents, prior to the execution
of any consent,
and that the action was done after the birth of
the child.
If the court approves a placement, the prospective adoptive
parent with
whom the child is placed has care, custody, and
control of the child pending
further order of the court.
(E) This section does not apply to an adoption by a
stepparent, a grandparent, or a guardian.
Sec. 5505.261. (A) As used in this section, "alternate
payee,"
"benefit," "lump sum
payment," "participant," and "public
retirement program" have the same
meanings as in section 3105.80
of the Revised Code.
(B) On receipt of an order issued under section 3105.171 or
3105.65 of the Revised Code, the state highway patrol
retirement
system shall determine whether the order meets the requirements of
sections 3105.80 to 3105.90 of the Revised Code. The system
shall
retain in the participant's record an order the system determines
meets
the requirements. Not later than sixty days after
receipt,
the system shall return to the court that issued the order
any
order the system determines does not meet the requirements.
(C) The system shall comply with an order retained
under
division (B) of this section at either of the following times
as
appropriate:
(1) If the participant has applied for or is receiving a
benefit or has applied for but not yet received a lump sum
payment,
as soon as practicable;
(2) If the
participant has not applied for a benefit or lump
sum payment,
on application by the participant for a benefit or
lump
sum payment.
(D) If the system transfers a participant's service credit
or
contributions made by or on behalf of a participant to a
public
retirement program
that is not named in
the order, the system
shall do both of the following:
(1) Notify the court that issued the order
by sending the
court a copy of the order and the name and address
of the public
retirement program to which the transfer was made.
(2) Send a copy of the order to the public retirement
program
to which the transfer was made.
(E) If it receives a participant's service credit or
contributions and a copy of
an order as provided in division (D)
of this section, the system
shall administer the order as if it
were the public retirement program named
in the order.
(F) If a participant's
benefit or lump sum payment is or
will
be subject to more than one
order described in section
3105.81 of
the
Revised Code or to an order described in section
3105.81
of
the Revised Code and a withholding order under section former
section
3111.23 or 3113.21 of the Revised Code,
the system
shall,
after
determining that
the amounts that are or will be withheld
will
cause the benefit or lump sum
payment to fall below the
limits
described in section 3105.85 of the Revised Code, do all of
the
following:
(1) Establish, in accordance with division (G) of this
section
and subject to the limits described in section 3105.85
of
the Revised Code, the priority in which the orders are or
will
be
paid by the retirement system in accordance with division (G) of
this section;
(2) Reduce the amount paid to an alternate payee based on
the
priority established under division (F)(1) of this section;
(3) Notify, by regular
mail, a participant and alternate
payee of any action taken under
this division.
(G) A withholding or deduction notice issued under section
former section 3111.23 or 3113.21 of the Revised Code or an order
described in
section 3115.32 of the Revised Code has
priority over
all other
orders and shall be complied with in accordance with
child support
enforcement laws. All other orders are entitled to
priority in
order of earliest retention by the system. The system
is not to
retain an
order that provides for the division of
property unless
the order is filed in
a court with jurisdiction in
this state.
(H) The system is not liable in civil damages for loss
resulting
from any action or failure to act in compliance with
this section.
Section 2. That existing sections 145.571, 742.462,
2151.23,
2151.231, 2151.352,
2919.21, 2919.231,
3103.031, 3105.85,
3107.01,
3107.06, 3107.061, 3107.064, 3107.07, 3107.11, 3109.12,
3109.19, 3111.02,
3111.03, 3111.32,
3111.33, 3111.35, 3111.381,
3111.64, 3111.66,
3111.72, 3111.78,
3111.80, 3111.821, 3119.01,
3119.961, 3119.962,
3125.28, 3305.21,
3307.371, 3309.671,
3705.09, 3705.24,
3727.17, 5103.16,
and 5505.261
and sections
2151.232, 3111.21, 3111.22, 3111.23,
3111.24,
3111.25, 3111.26,
3111.27, 3111.28, 3111.29, 3111.30,
3111.31,
3111.34, 3111.44,
3111.74, and 3705.091 of the Revised
Code are hereby repealed.
Section 3. Section 2151.23 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
Sub. H.B. 214 and Am. Sub. S.B. 10 of
the 127th General
Assembly.
The General Assembly, applying the
principle stated in
division
(B) of section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
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