Chapter 5101:12-1 Support enforcement

(A) The office of child support (OCS) within the Ohio department of job and family services (ODJFS) has been established in accordance with section 3125.02 of the Revised Code.

(1) In accordance with section 3125.03 of the Revised Code, OCS is responsible for the establishment and administration of a support enforcement program that meets the requirements of Title IV-D of the Social Security Act, Pub. L. No. 93-647, 88 Stat. 2351 (1975), 42 U.S.C. 651

(8/22/1996), as amended, and any rules adopted under Title IV-D. The program of child support enforcement shall include:

(a) Location of custodial or non-custodial parents or alleged fathers;

(b) Establishment of parentage;

(c) Establishment and modification of child support orders and medical support orders;

(d) Enforcement of support orders;

(e) Collection of support obligations; and

(f) Any other actions appropriate to child support enforcement.

(2) In accordance with section 3125.05 of the Revised Code, OCS is responsible for the establishment of a program of spousal support enforcement in conjunction with the program of child support enforcement. The program is required to conform, to the extent practicable, to the program for child support enforcement established pursuant to section 3125.03 of the Revised Code.

(B) Pursuant to section 3125.10 of the Revised Code each county shall have a child support enforcement agency (CSEA).

(C) In accordance with section 3125.11 of the Revised Code, the CSEA shall operate a support enforcement program.

(D) In accordance with section 3125.24 of the Revised Code, the CSEA shall be operated under the supervision of OCS in accordance with the program of child support enforcement established pursuant to section 3125.03 of the Revised Code. OCS shall ensure that all child support enforcement agencies comply with all applicable state and federal support regulations, including the affirmative duties of Title IV-D of the Social Security Act.

(E) ODJFS/OCS may take action in accordance with section 5101.24 of the Revised Code when a CSEA fails to comply with the requirements of all applicable state and federal laws governing the support enforcement program, including the affirmative duties of Title IV-D of the Social Security Act.

(F) In accordance with section 3125.10 of the Revised Code, the CSEA may be organized as a government entity designated under former section 2301.35 of the Revised Code prior to October 1, 1997, or as a private or government entity designated under section 307.981 of the Revised Code on or after that date.

(G) In accordance with section 3125.12 of the Revised Code, the CSEA is required to enter into a plan of cooperation with the board of county commissioners under section 307.983 of the Revised Code and to comply with each fiscal agreement the board enters into under section 307.98 and contracts the board enters into under sections 307.981 and 307.982 of the Revised Code that affect the agency. As used within agency-level 5101 of the Administrative Code, “board of county commissioners” includes alternative forms of government authorized by Chapter 302. of the Revised Code.

(H) The CSEA’s services and activities are subject to the county program compliance procedure described in rule 5101:12-30-50 of the Administrative Code and its supplemental rules and the state administrative hearing procedures of division-level 5101:6 of the Administrative Code.

(I) Each CSEA shall:

(1) Develop and maintain a handbook of internal procedures. The CSEA shall revise the handbook whenever a program change requires modification of local procedures. The CSEA shall submit such revisions to the handbook to OCS within thirty days of the revision. The CSEA shall ensure that the handbook contains sufficient detail to be useful in orienting new staff and serves as an up-to date reference for all staff. At a minimum, the handbook must describe the local procedures in place to ensure that the program is in compliance with the Administrative Code, Revised Code, Code of Federal Regulations, and United States Code. Copies of all local forms used and instructions for completing the forms must be included. Upon request, the handbook must be available to OCS staff for program review.

(2) Develop and maintain an up-to-date agency table of organization. The table of organization must be submitted to OCS staff for review every year by the thirty-first day of December or within thirty days of any significant change to the CSEA’s structure.

Replaces: Part of 5101:1-29-05, 5101:1-31-31, 5101:1-31-90

Effective: 06/15/2006

R.C. 119.032 review dates: 06/01/2011

Promulgated Under: 119.03

Statutory Authority: 3125.05, 3125.25

Rule Amplifies: 3125.02, 3125.03, 3125.05, 3125.10, 3125.11, 3125.12, 3125.24, 5101.24

Prior Effective Dates: 8/1/82, 11/11/82, 7/1/83, 1/1/84, 12/1/87, 7/15/88, 6/2/89, 9/1/89, 4/1/92, 7/1/96, 1/1/98, 2/22/02, 8/26/02, 4/18/03

(A) As used in the rules contained in division-level 5101:12 of the Administrative Code:

(1) “Case” refers to a matter involving the individual who is or may become obligated by a support order and the beneficiary of that support order.

(a) “IV-D” case means a case that has been approved for IV-D services by a child support enforcement agency (CSEA) in accordance with rule 5101:12-10-01.1 of the Administrative Code.

(b) “Non-IV-D” case means a case that receives support enforcement program services but has not been approved for IV-D services or IV-D services have been terminated.

(2) “Support order” means:

(a) Pursuant to 42 U.S.C. 653(p) (12/8/2004), and as used in Title IV-D of the Social Security Act, a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or of the parent with whom the child is living, that provides for monetary support, health care, arrearages, or reimbursement, and that may include related costs and fees, interest and penalties, income withholding, attorneys’ fees, and other relief; and

(b) In accordance with division (B)(5) of section 3119.01 of the Revised Code and as used in Chapters 3119., 3121., 3123., and 3125. of the Revised Code, either an administrative child support order or a court support order.

(i) Pursuant to division (B)(1) of section 3119.01 of the Revised Code, “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 [3111.21.1] 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.

(ii) In accordance with division (C)(3) of section 3119.01 of the Revised Code, “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.

(B) In accordance with section 3125.11 of the Revised Code, the CSEA shall perform all administrative duties related to any IV-D or non-IV-D case for which it has administrative responsibility to provide support enforcement program services. In accordance with section 3125.13 of the Revised Code, the CSEA may contract with public agencies and private vendors for assistance in establishing paternity or support obligations or for the performance of other administrative duties of the CSEA.

(C) The CSEA shall provide support enforcement program services to both IV-D cases and non-IV-D cases. Support enforcement program services include:

(1) Location services as described in Chapter 5101:12-20 of the Administrative Code;

(2) Establishment of parentage as described in Chapters 5101:12-40 and 5101:12-70 of the Administrative Code;

(3) Establishment and modification of child support orders and medical support orders as described in Chapters 5101:12-45, 5101:12-60, and 5101:12-70 of the Administrative Code;

(4) Enforcement of support orders as described in Chapters 5101:12-50 and 5101:12-70 of the Administrative Code;

(5) Collection of support obligations as described in Chapter 5101:12-80 of the Administrative Code; and

(6) Any other actions appropriate to child support enforcement.

Replaces: Part of 5101:1-29-05, 5101:1-29-06

Effective: 06/15/2006

R.C. 119.032 review dates: 06/01/2011

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3105.21, 3109.05, 3111.13, 3113.04, 3113.07, 3119.65, 3119.70

Prior Effective Dates: 8/1/82, 11/11/82, 7/1/83, 1/1/84, 12/1/87, 7/15/88, 6/2/89, 9/1/89, 10/1/90, 4/1/92, 8/1/92, 7/1/96, 2/22/02, 7/1/02

(A) In accordance with rule 5101:12-1-01 of the Administrative Code, the child support enforcement agency (CSEA) is required to provide support enforcement program services to a case for which it has administrative responsibility. In accordance with section 3125.36 of the Revised Code, a CSEA shall make available a IV-D application to any person requesting a CSEA’s assistance to locate the non-custodial parent, establish a paternity or support order, or enforce or modify a support order.

(B) An individual who receives support enforcement program services is eligible for IV-D services when the individual is:

(1) A recipient of Ohio works first (OWF), medicaid, or Title IV-E foster care maintenance (FCM) benefits for whom an assignment is still in effect;

(2) A former recipient of OWF, medicaid, or FCM in whose case there are assigned arrears;

(3) A former recipient of OWF, medicaid, or FCM in whose case there are no assigned arrears and IV-D services have not been terminated; and

(4) An individual who has signed and filed an application for IV-D services that has been approved by a CSEA and IV-D services have not since been terminated.

(C) IV-D services include all support enforcement program services described in rule 5101:12-1-10 of the Administrative Code.

(D) Due to restrictions in federal law, the following IV-D services shall only be provided to an individual who has been approved for IV-D services in accordance with rule 5101:12-10-01.1 of the Administrative Code:

(1) Federal income tax refund offset submittals for the collection of support arrears;

(2) Withholding of unemployment compensation for the payment of support;

(3) Requests to the internal revenue service for the disclosure of taxpayer information for use in establishing and collecting support obligations;

(4) Requests to the internal revenue service for the collection of delinquent support; and

(5) Requests for certification to the U.S. district court when another state has failed to act on an Ohio support order.

Replaces: Part of 5101:1-29-05, 5101:1-29-06, 5101:1-29-13

Effective: 06/15/2006

R.C. 119.032 review dates: 06/01/2011

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3125.03, 3125.36

Prior Effective Dates: 8/1/82, 11/11/82, 7/1/83, 11/1/83, 1/1/84, 1/7/85, 1/9/86, 1/1/87

(Emer), 3/20/87, 12/1/87, 6/10/88, 7/15/88, 12/29/88, 4/1/89, 6/2/89, 9/1/89, 12/1/89, 4/1/90, 8/1/90, 10/1/90, 4/1/91, 11/1/91, 4/1/92, 8/1/92, 7/1/96, 10/1/96, 12/30/97, 2/22/02, 7/1/02, 4/18/03

(A) Pursuant to section 3125.07 of the Revised Code, the Ohio department of job and family services (ODJFS) shall establish and maintain a statewide, automated data processing system in compliance with Title IV-D of the Social Security Act, in accordance with 42 U.S.C. 654a

(11/29/1999). The system shall be implemented in every county and every county shall accept the automated system. The system shall be known as the “support enforcement tracking system” or “SETS”.

(B) Access to, and use of, data on SETS shall be limited to the extent necessary to carry out the child support program under Title IV-D of the Social Security Act, as amended.

(1) Data on SETS may be used only according to confidentiality guidelines.

(2) Personnel having access to SETS shall:

(a) Be trained in confidentiality, safeguarding guidelines, and security procedures;

(b) Be informed of all penalties; and

(c) Have signed the JFS 07078, “Code of Responsibility” (rev. 04/2005), and JFS 07014, “Tax Information Safeguarding Authorization Agreement” (rev. 10/2005).

(3) ODJFS shall monitor access to and use of SETS to prevent and promptly identify unauthorized use of SETS.

(C) ODJFS may deny access to SETS when an individual has been found to have unauthorized access to, or improperly disclosed or used, data in SETS.

(D) In accordance with sections 3125.38 and 3125.39 of the Revised Code, SETS shall provide the data necessary for the performance measurements outlined in rules 5101:12-1-54 and 5101:12-1-54.1 of the Administrative Code.

(E) The child support enforcement agency (CSEA) shall interact with the functions of SETS according to applicable rules of the Administrative Code, Ohio law, federal law and regulations, and other written instructions provided by ODJFS. Interaction shall include, but not be limited to, the CSEA providing information or performing an activity that enables a particular SETS function to operate at its full capacity. When a mandate under a rule of the Administrative Code, Ohio law, federal law or regulation, or other written instructions provided by ODJFS is directed at the CSEA to perform, the mandate shall be considered executed when the CSEA has interacted with SETS and SETS has performed the function.

Replaces: 5101:1-31-80

Effective: 06/15/2006

R.C. 119.032 review dates: 06/01/2011

Promulgated Under: 119.03

Statutory Authority: 3125.08, 3125.25

Rule Amplifies: 3125.07, 3125.08, 3125.38, 3125.39

Prior Effective Dates: 1/1/98, 10/1/98, 7/15/02

(A) This rule and its supplemental rules describe the extent to which information regarding an individual is required to be collected, disseminated, and protected by a child support enforcement agency (CSEA), the office of child support (OCS) within the Ohio department of job and family services, and any individual or entity who is performing support enforcement program services under contract with a CSEA or OCS. Information regarding an individual must be handled in accordance with these rules whether the information is contained on paper, film, computer, or any other electronic medium. These rules are based on federal and state law including, but not limited to, federal regulations found in 45 C.F.R. 300 (2004) and Chapters 3125. and 1347. of the Revised Code.

(B) The following definitions apply to this rule and its supplemental rules:

(1) “Agency” means:

(a) The OCS;

(b) A CSEA; or

(c) Any individual or entity who is performing child support functions under contract with a CSEA or OCS.

(2) “Authorized person” means:

(a) The individual;

(b) The individual’s legal guardian;

(c) The individual’s attorney of record in a currently pending matter;

(d) Any person with written permission from the individual or the individual’s legal guardian; or

(e) A state legislator, elected official, legislative committee, or legislative body with written permission from the individual or the individual’s legal guardian.

(3) “Individual” means the person who is the subject of the information collected by the agency.

(4) “Information” means:

(a) Federal tax information as described in rule 5101:12-01-20.2 of the Administrative Code; and

(b) Personal information.

(5) “Personal information,” pursuant to division (E) of section 1347.01 of the Revised Code, means any information that describes anything about a person, or that indicates actions done by or to a person, or that indicates that a person possesses certain personal characteristics, and that contains, and can be retrieved from a system by, a name, identifying number, symbol, or other identifier assigned to a person.

(C) In accordance with section 7(b) of the Privacy Act of 1974, Pub. L.No. 93-579, 88 Stat. 1896 (1974), 5 U.S.C. 552a (12/31/1974), when an agency requests that an individual disclose his or her social security number (SSN) or the SSN of a child, it shall notify the individual of the following:

(1) Whether the disclosure is mandatory or voluntary;

(2) The authority under which the disclosure is being requested; and

(3) The use that will be made of the SSN.

(D) An agency shall collect information that is required to provide support enforcement program services. An individual is required to cooperate with an agency by providing any information requested in accordance with all applicable sections of the Revised Code.

(E) This rule and its supplemental rules do not apply to actions taken in response to requests for public records made pursuant to section 149.43 of the Revised Code.

Replaces: Part of 5101:1-29-07.1

Effective: 06/15/2006

R.C. 119.032 review dates: 06/01/2011

Promulgated Under: 119.03

Statutory Authority: 3125.08, 3125.25, 3125.51

Rule Amplifies: 3125.03, 3125.08, 3125.49, 3125.50

Prior Effective Dates: 11/11/88, 10/1/90, 11/15/95 (Emer), 1/30/96, 1/1/98, 4/18/03

(A) This rule describes the requirements for the use, protection, and dissemination of information that is collected and maintained by an agency in the performance of support enforcement program functions. For purposes of this rule, “inspect” means that an authorized person may view any document containing information about the individual.

(B) The agency shall only disclose information for purposes directly connected with any of the following:

(1) The support enforcement program, Ohio works first (OWF), or medicaid;

(2) Any investigation, criminal prosecution, or civil or administrative proceeding conducted in connection with the administration of any of the programs described in paragraph

(B)(1) of this rule;

(3) Reporting suspected or known instances of child abuse, exploitation, or the negligent treatment of a child who is the subject of a support enforcement program case to the appropriate agency or official; or

(4) A federal, state, or local audit.

(C) Subject to the purposes described in paragraph (B) of this rule, information maintained by the agency may be inspected by:

(1) An authorized person;

(2) The agency, Ohio works first (OWF), or medicaid; and

(3) Federal, state, or local auditors.

(D) When the individual gives written permission to inspect information to an authorized person, the agency shall retain the original written permission.

(E) The written permission shall include but not be limited to:

(1) The individual’s full name;

(2) The name and title of the authorized person;

(3) The duration during which the authorized person may inspect the information; and

(4) The individual’s signature and the date on which the permission was given.

(F) Only information concerning the individual may be disclosed. Information about any other individual in the case may not be disclosed and must be redacted from any document that will be disclosed to the authorized person unless the agency receives written permission from the other individual.

(G) When the address of an individual is requested by an authorized person and can be disclosed for a purpose described in paragraph (B) of this rule and the agency has any indication that the individual may not wish the address to be disclosed, the agency shall mail a notice to the individual’s last known address. The notice will advise the individual that a request for disclosure has been made and the agency will comply with the request within thirty days from the date of the notice unless:

(1) The agency receives a copy of a court order that enjoins the disclosure of the information or restricts or limits the requesting party’s right to contact or visit the subject. When verification is provided that a judicial hearing has been requested to contest the disclosure, the agency will delay the disclosure of the information until a decision has been rendered by the court; or

(2) The agency receives a copy of a current and valid domestic violence protection order protecting the individual from the requesting party.

(H) In accordance with section 3125.16 of the Revised Code, the obligor and obligee in a support order may review and request copies of all records that pertain to the support order and any other information about which the person is the subject that is maintained by the agency.

(I) The agency shall develop procedures for responding to requests to disclose information as soon as possible but no later than ten business days of the request.

(J) The agency may charge a fee for copying a document. The fee may not exceed the actual costs of reviewing the document to ensure that it only contains information that may be disclosed and copying the document. The agency, at its discretion, may waive the fee if the agency can demonstrate good cause to do so and waives costs in a consistent manner. The indigence of the requesting party is grounds for waiving the cost. A requesting party who is a recipient of any means-tested benefit is presumed to be indigent for the purposes of waiving the charges. The agency shall develop written procedures establishing guidelines for charging or waiving the fees.

(K) An agency employee shall not access a case in which the employee has an association with a party to the case. An association exists in either of the following situations:

(1) The employee is a party to the case; or

(2) The employee’s relative, including biological relatives and relatives by marriage, is a party to the case.

(L) If an employee is assigned to work on a case and the employee has an association with that case, the employee shall notify the appropriate supervisor at the agency and that supervisor will reassign the case to an employee who does not have an association with the case.

(M) In accordance with section 3125.99 of the Revised Code, anyone who discloses information to any person or for any purpose not specifically permitted by this rule is subject to a fine of up to five hundred dollars or a prison term of up to six months or both.

Replaces: Part of 5101:1-29-07.1

Effective: 06/15/2006

R.C. 119.032 review dates: 06/01/2011

Promulgated Under: 119.03

Statutory Authority: 3125.08, 3125.25, 3125.51

Rule Amplifies: 3125.03, 3125.08, 3125.24, 3125.43, 3125.50, 4141.21, 4141.22, 4141.99, 5747.18

Prior Effective Dates: 11/11/88, 10/1/90, 11/15/95 (Emer), 1/30/96, 1/1/98, 4/18/03

(A) This rule describes procedures an agency is required to follow in order to safeguard confidential information from participants in the support enforcement program received from the internal revenue service (IRS), Ohio department of taxation (ODT), the state parent locator service (SPLS), federal parent locator service (FPLS), and Ohio department of job and family services, office of unemployment compensation (UC). The safeguarding requirements of this rule apply to all paper, electronic, or imaged records.

(B) Failure to comply with the safeguarding requirements of this rule shall result in the revocation of access to the support enforcement tracking system (SETS) or any other application that contains information from the IRS, ODT, SPLS, FPLS, or UC.

(C) Each child support enforcement agency (CSEA) shall submit a JFS 07072, “Safeguarding of Internal Revenue Service (IRS), Ohio Department Of Taxation (ODT), Federal Parent Locator Service (FPLS), and Unemployment Compensation (UC) Information” (rev. 12/2005), to the deputy director of the office of child support (OCS) within the Ohio department of job and family services no later than the last day of January each year. The JFS 07072 must be signed and dated by the director of the CSEA.

(D) Each employee of an agency that has access to federal tax information (FTI) shall be required to sign and submit a JFS 07014,”Tax Information Safeguarding Authorization Agreement”

(10/2005), to the OCS deputy director upon employment or re-employment and annually thereafter. A copy of the JFS 07014 shall be retained by the person who signed the form.

(E) Each agency shall submit a completed JFS 07078, “Ohio Department of Job and Family Services Code of Responsibility” (rev. 04/2005), for each agency employee with access to SETS. The agency shall send the JFS 07078 and a cover memo detailing the requested system access to the address or facsimile number listed on the JFS 07078 before access to SETS is permitted.

(F) Requirements for the safeguarding of FTI.

(1) For purposes of this rule, FTI is defined as federal tax returns and return information other than information provided by the taxpayer. This may include but is not limited to:

(a) Social security numbers obtained from the IRS;

(b) Address information obtained from the IRS; or

(c) The amount of any IRS tax refund offsets, regardless of the source from which it is obtained or the format in which it is found.

(2) In order to comply with the safeguarding requirements of the internal revenue code, the CSEA shall agree to the following:

(a) Establish and maintain a permanent system of standardized records with regard to all requests made by the CSEA for FTI from the IRS, that will include the reason for such requests, the date the requests are made and the FTI received, and the name of the employee having access to the information;

(b) Store FTI during non-duty hours in accordance with the security requirements described in IRS publication 1075 , “Tax Information Security Guidelines for Federal, State, and Local Agencies” (6/2000), section 4.7 guide 2 “Physical Security-Minimum Protection Standards” that may be accessed through the internet at the following web address; http://www.irs.gov/pub/irs-pdf/p1075.pdf;

(c) Limit access to file keys and safe combinations to the agency official responsible for safeguarding FTI and a maximum of two alternates who are permitted access to the FTI in the absence of such official;

(d) Limit access to FTI to those CSEA employees who are authorized to inspect and use information;

(e) Follow commingling requirements as described in IRS publication 1075 by maintaining the federal tax information obtained from the IRS either separately from CSEA case files or within the CSEA case files. If FTI is maintained within CSEA case files, each file containing the FTI shall have two layers of security; one inside the file and another on the outside jacket of the file;

(f) Assure that mail received containing FTI is not opened before delivery to the agency official responsible for safeguarding the information;

(g) Transmit FTI between the CSEA and OCS in double-sealed envelopes to be opened by the addressee only; and

(h) When use of the information is no longer required, return the FTI to OCS or destroy in accordance with IRS publication 1075 sections 8.3 and 8.4.

(3) If requested, the CSEA shall furnish a report that:

(a) Describes the procedures established and used for ensuring the confidentiality of FTI; and

(b) Identifies what FTI has been disposed of and the date and manner of disposal.

(4) Federal tax information safeguarding visits.

(a) Pursuant to IRS publication 1075, OCS shall conduct a federal tax information safeguarding visit with each CSEA at least once every three years. The purpose of the visit is to ensure that adequate safeguards and security measures are maintained by the CSEA.

(b) Visit procedures.

(i) OCS will send a letter to the CSEA director or administrator and tax offset coordinator advising of the time and date of the visit. The letter will include a JFS 07013, “FTI Safeguarding Questionnaire” (07/2005), and JFS 07014.

(ii) The CSEA shall complete the JFS 07013 and return it to OCS no later than Friday of the week prior to the visit.

(iii) The CSEA shall choose a sampling of at least ten cases on which an IRS offset payment has been received during the three years immediately prior to visit.

(iv) During the visit, OCS staff will review the completed JFS 07013 with the CSEA, review the cases chosen by the CSEA, and complete a physical walk-through of the CSEA’s office and building.

(c) Visit follow up.

(i) OCS shall prepare an initial report documenting the visit and provide it to the CSEA within fifteen business days of the date of the visit.

(ii) Upon receipt of the initial report from OCS, the CSEA, if necessary shall prepare a response report describing any corrective actions required and including a timetable for the completion of those corrective actions. The CSEA shall send this report to OCS no later than fifteen business days after receipt of the initial report from OCS.

(iii) OCS will prepare a final report documenting the visit within fifteen business days of receipt of the response report from the CSEA. The final report may require further corrective action by the CSEA, if necessary.

(iv) If the CSEA fails to provide the response report, the initial report becomes final and a corrective action plan will be required from the CSEA.

(G) Requirements for safeguarding taxpayer information from the Ohio department of taxation.

(1) In order to comply with the safeguarding requirements of section 5747.18 of the Revised Code, each CSEA shall certify that taxpayer information concerning the residential address and income of taxpayers received by the CSEA is needed for the purpose of, and will be used only for, the following:

(a) Locating obligors and establishing, enforcing, modifying and collecting child support obligations pursuant to Title IV-D of the Social Security Act; or

(b) Collecting overpaid child support from the state income tax refund of an obligee in accordance with section 5747.123 of the Revised Code.

(2) None of the information so obtained will be disclosed to anyone except for official purposes as described in section 3125.43 of the Revised Code or in compliance with a court order.

(H) Requirements for safeguarding of information from SPLS or FPLS.

(1) The CSEA shall certify that information from SPLS or FPLS may be used only for the following purposes:

(a) Locating an individual for the purpose of establishing paternity or establishing, enforcing, or reviewing a support order for possible adjustment; or

(b) If an agreement exists as described in section 3125.06 of the Revised Code, for the purpose of locating an absent parent or a child in connection with a parental kidnapping or child custody case or the making or enforcing of a parenting time order.

(2) Any information obtained from SPLS or FPLS shall be used only for the purposes described in paragraph (H)(1) of this rule and shall be disclosed only to an authorized person. For purposes of this paragraph, an authorized person is any of the following:

(a) A child support agency in another state;

(b) The OCS;

(c) A CSEA;

(d) A court or agent of a court having authority to issue a support order or act as a tribunal for the purpose of initiating an interstate support action as described in section 3115.01 of the Revised Code; or

(e) The resident parent, legal guardian, attorney or agent of a child not receiving Ohio works first (OWF) benefits.

(I) Requirements for the safeguarding of information from UC. The CSEA shall certify that, in accordance with sections 4141.21, 4141.22, and 4141.99 of the Revised Code and rule 4141-43-02 of the Administrative Code, all information and records received from UC shall be used only for the purposes of establishing and collecting child support obligations from and locating individuals owing such obligations. The CSEA shall establish and maintain security safeguards for location, wage, and benefit information.

Replaces: 5101:12-10-25.4

Effective: 06/15/2006

R.C. 119.032 review dates: 06/01/2011

Promulgated Under: 119.03

Statutory Authority: 3125.08, 3125.25, 3125.51

Rule Amplifies: 3125.03, 3125.08, 3125.43, 3125.50, 4141.21, 4141.22, 4141.99, 5747.18

Prior Effective Dates: 8/1/82, 12/16/89, 10/1/90, 4/1/91, 1/1/92, 2/11/93, 9/1/94, 6/2/01, 7/1/02, 1/1/06

(A) The child support enforcement agency (CSEA) is required to maintain a case record as described in rule 5101:12-10-05 of the Administrative Code. The CSEA shall retain the case record when support enforcement program services have been terminated in accordance with rule 5101:12-10-70 of the Administrative Code. The case record shall be retained for a minimum of three years after termination of support enforcement program services. If an audit, litigation, or other action involving the case record is commenced before the end of the three year period, the case record must be retained until all issues are resolved.

(B) As authorized by section 9.01 of the Revised Code, to reduce the volume of paper files that must be retained in storage the CSEA may use photostatic, photographic, miniature photographic, film, microfilm, or microphotographic, perforated tape, magnetic tape, other magnetic means, electronic data processing, machine readable means, or graphic or video display or any combination of those processes, means, or displays that correctly and accurately copies, records, or reproduces, or provides a medium for copying, recording, or reproducing the original record, document, or paper.

(C) Pursuant to section 149.38 of the Revised Code, the CSEA shall obtain approval from the county records commission prior to the destruction of a case record. After permission to destroy the record has been obtained from the county records commission, the CSEA shall follow procedures for the disposal of county records as set forth in rule 5101-4-76 of the Administrative Code.

Procedures for destruction of the source documents can be found in rules 5101-9-21, 5101-9-211 and 5101-9-22 of the Administrative Code.

Replaces: 5101:1-29-11

Effective: 06/15/2006

R.C. 119.032 review dates: 06/01/2011

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 9.01, 149.38, 3125.15

Prior Effective Dates: 8/1/82, 7/11/87, 12/1/87, 7/15/88, 12/20/88, 10/1/90, 11/1/91, 10/1/99, 2/22/02

(A) Funding for allowable IV-D expenditures.

(1) Federal financial participation (FFP) at the applicable matching rate is available for reimbursement of allowable expenditures, as described in 45 C.F.R. 304, incurred in the provision of IV-D services. The FFP matching rate is a variable percentage set by federal law. The child support enforcement agency (CSEA) receives FFP in the administrative advance through the Ohio department of job and family services, as outlined in rule 5101:9-7-02 of the Administrative Code.

(2) To fund the portion of allowable IV-D expenditures not reimbursed through FFP

(hereafter referred to as the non-federal share), the CSEA may use:

(a) State appropriated funds known as the state allocation;

(b) Federal incentives as described in rules 5101:12-01-54 and 5101:12-01-54.1 of the Administrative Code;

(c) Funds appropriated by the county commissioners from the county general fund; and

(d) Processing charges collected on non-IV-D cases.

(3) The portion of the non-federal share not met by state funds or federal incentives is designated as the county share or county obligation on the quarterly child support administrative fund reconciliation, described in rule 5101:9-7-02 of the Administrative Code. Federal regulations mandate the permissible sources from which the non-federal share can be supplied:

(a) Public funds, other than those derived from private resources, used by the CSEA for its IV-D child support enforcement program may be considered as the non-federal share in claiming federal reimbursement under the following conditions:

(i) The funds are appropriated directly to the CSEA; or

(ii) The funds are of another public agency and are treated as follows:

(a) Transferred to the CSEA and are under the CSEA’s administrative control; or

(b) Certified by the contributing public agency as representing expenditures under the state’s IV-D plan, subject to the limitations of this rule.

(b) Public funds used by the CSEA for its IV-D child support enforcement program may not be considered as the non-federal share in claiming federal reimbursement under the following conditions:

(i) The funds are federal funds, unless authorized by federal law to be used to match other funds; or

(ii) The funds are used to match other federal funds.

(c) Funds treated as IV-D program income pursuant to rule 5101:12-10-40.1 of the Administrative Code may not be considered as the non-federal share in claiming federal reimbursement.

(B) Funding for expenditures for which FFP is not allowable.

(1) Expenditures for a IV-D case for which FFP is not allowable are described in 45 C.F.R. 304. In addition, FFP is not allowable for any support enforcement program service provided to a non-IV-D case.

(2) The CSEA is responsible for all expenditures for which FFP is not allowable.

(3) For expenditures for which FFP is not allowable, the CSEA may use:

(a) Funds appropriated by the county commissioners from the county general fund; and

(b) Funds collected on non-IV-D cases for:

(i) Processing charges;

(ii) Interest; or

(iii) Copying charges.

Replaces: Part of 5101:1-29-05, 5101:1-29-06, 5101:1-31-70

Effective: 06/15/2006

R.C. 119.032 review dates: 06/01/2011

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3125.19, 3125.21, 3125.22

Prior Effective Dates: 8/1/82, 11/11/82, 7/1/83, 1/1/84, 12/1/87, 7/15/88, 6/2/89, 9/1/89, 10/1/90, 4/1/92, 5/1/92, 8/1/92, 1/1/93, 11/2/95, 7/1/96, 2/22/02, 7/1/02

(A) Revenues resulting from Title IV-D case activity shall be considered IV-D program income and shall not be used as any portion of the nonfederal share of program funding. Revenues resulting from Title IV-D case activity are deducted from expenditures presented for federal reimbursement. IV-D program income revenue shall be used for the operation of the IV-D child support program.

(B) Only revenues resulting from Title IV-D case activity shall be considered IV-D program income. Revenues resulting from non-IV-D case activity may be used at the discretion of the child support enforcement agency (CSEA) or the Ohio department of job and family services (ODJFS), including being used to provide the nonfederal share of funds for the child support program.

(C) The CSEA must report as revenue on the JFS 02750, “Child Support Administrative Fund Monthly Financial Statement” (rev. 10/2005), all program income described in this rule that is allocated to the CSEA and income the CSEA collects and retains.

(D) Paragraphs (D)(1) to (D)(8) of this rule identify the various forms of program income.

(1) The processing charge collected on Title IV-D cases shall be considered IV-D program income to the CSEA.

(2) Any amount earned through investment of IV-D collections, such as interest earned from collections made on behalf of child support obligees, shall be considered IV-D program income. If a CSEA or ODJFS pays service fees on an income-producing account, only the net amount (investment income less service fees) shall be reported. The CSEA or ODJFS shall maintain a record of investment revenue and service fees relative to the depository account. There is no net investment income to report nor transfer if the service fees exceed investment income.

(3) Recovered IV-D allowable payments such as IV-D allowable clerk of court fees, court costs, and genetic testing fees for paternity determination made by the CSEA shall be considered IV-D program income. If any of these items are returned to ODJFS, it is program income to ODJFS. If any is retained at the CSEA, it becomes program income to the CSEA through the administrative fund.

(4) When the CSEA does not absorb the IV-D application fee, the fee shall be considered IV-D program income to the CSEA.

(5) The CSEA may charge miscellaneous fees, such as photocopy charges, provided the fee charged is sufficient to cover costs yet nominal enough not to discourage the right of access to information in the files. The fees charged for services on IV-D cases shall be considered IV-D program income to the CSEA through the administrative fund.

(6) Unclaimed funds.

(a) A IV-D payment that becomes unclaimed pursuant to rule 5101:12-10-65 of the Administrative Code shall be reported as program income. At such time that the payment is claimed by its owner, unclaimed funds collected by the owner shall be reported as a reduction to program income.

(b) A IV-D payment that loses unclaimed status pursuant to former rule 5101:1-29-71.2 of the Administrative Code shall be reported as program income.

(7) Interest paid pursuant to section 3123.17 of the Revised Code on assigned arrears shall be considered IV-D program income to ODJFS.

(8) Any fine imposed in a IV-D case that the CSEA or ODJFS has retained shall be considered IV-D program income.

Replaces: 5101:12-10-40.1

Effective: 05/15/2008

R.C. 119.032 review dates: 05/01/2013

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3119.27, 3121.59, 3123.17, 3125.37

Prior Effective Dates: 1/1/91, 4/1/92, 1/1/93, 6/1/96, 10/30/97, 1/1/98, 4/24/00 (Emer), 7/10/00, 10/15/01, 1/1/05

(A) This rule and its supplemental rule describe the method for the calculation and distribution of performance incentives to county child support enforcement agencies (CSEA) from the Ohio department of job and family services (ODJFS).

(B) Federal incentive payment to ODJFS.

(1) The federal office of child support enforcement (OCSE) determines Ohio’s federal incentive payment by applying a formula to the total incentive dollars available nationally for that federal fiscal year.

(a) The formula first calculates Ohio’s collection base by applying the following formula to Ohio collections:

“(2 X (current assistance collections + former assistance collections + medicaid collections)) + never assistance collections + fees retained by other states”

(b) Ohio’s incentive payment share is determined by dividing Ohio’s collection base by the sum of the collections base amounts for the fifty-four states and territories for the fiscal year.

(c) Ohio’s incentive payment is determined by multiplying the incentive payment share by the incentive payment pool for the fiscal year (as budgeted by congress).

(d) Ohio’s incentive base amount for the fiscal year is the sum of the incentive base amounts for the fiscal year derived from five performance measures. The performance measures and relative weights given to each measure are:

(i) Paternity establishment – twenty-five per cent;

(ii) Support establishment – twenty-five per cent;

(iii) Collections on current support – twenty-five per cent;

(iv) Collections on current arrearage – fifteen per cent; and

(v) Cost effectiveness – ten per cent.

(2) The amount of federal incentives distributed to the state is an estimated amount. The actual amount of federal incentives earned by the state is unknown until the end of the federal fiscal year and completion of calculations for the state data reliability audit. The final, reconciled amount would then include any necessary adjustments as a result of previous overpayments or underpayments in federal incentives.

(3) Payment eligibility requirements.

(a) Payment of incentives is contingent on a state’s data being determined complete and reliable by federal auditors in the annual data reliability audit.

(b) State data necessary to calculate performance for incentives and penalties for each fiscal year must be submitted to the federal office of child support enforcement (OCSE) by December thirty-first, the end of the first quarter of the next fiscal year.

(4) In accordance with uncodified sections of Amended Substitute House Bill 66 of the 126th General Assembly, ODJFS shall:

(a) Pursuant to section 206.66.91 of Amended Substitute House Bill 66 of the 126th General Assembly, retain one million five hundred thousand dollars from the reconciled federal incentives described in this rule to reimburse the department for the state share of payments made by ODJFS for mandatory contracts utilized by county child support enforcement agencies in the program of child support enforcement authorized by sections 3125.03 and 3125.11 of the Revised Code; and

(b) Pursuant to section 206.66.92 of Amended Substitute House Bill 66 of the 126th General Assembly, retain funds from the federal incentives described in this rule to reimburse the department for the state share of the contractual obligation for the monthly utilization of optional contracts by each county child support enforcement agency in the program of child support enforcement authorized by sections 3125.03 and 3125.11 of the Revised Code.

Replaces: Part of 5101:1-29-04, 5101:1-31-30

Effective: 06/15/2006

R.C. 119.032 review dates: 06/01/2011

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3125.03, sections 206.66.91 and 206.66.92, Am. Sub. HB 66, 126th GA

Prior Effective Dates: 10/1/85 (Emer), 1/1/86 (Emer), 4/1/86, 10/1/87 (Emer), 12/1/87

(Emer), 12/1/87, 12/24/87, 2/29/88, 7/15/88, 9/1/89 (Emer), 10/1/89, 11/30/89, 6/1/90, 10/1/90 (Emer), 11/1/91, 1/10/92, 4/1/92, 12/31/92 (Emer), 4/1/93, 7/1/93, 2/1/95, 8/1/96, 9/20/96 (Emer), 12/15/96, 1/1/98, 7/15/02, 5/12/03, 1/1/04, 11/10/05

(A) This rule describes how the federal incentive payment to Ohio described in rule 5101:12-1-54 of the Administrative Code shall be distributed among the child support enforcement agencies (CSEA). The terms and conditions in this rule are effective for the performance year beginning October 1, 2005.

(1) The following definitions apply throughout this rule:

(a) The “Ohio incentive payment” means the amount of incentives that the Ohio department of job and family services (ODJFS) estimates Ohio will receive from the federal government for Ohio’s performance during the federal fiscal year less the funds retained for program administration described in paragraph (B)(4) of rule 5101:12-1-54 of the Administrative Code.

(b) “Performance year” means the twelve month period ending September thirtieth of each year during which each CSEA’s performance is measured. The performance year corresponds to the federal fiscal year and to the period of measurement of Ohio’s performance by the federal government.

(2) CSEA program performance will be evaluated during each performance year on the basis of the following five performance measures:

(a) Establishment of paternity (IV-D paternity establishment percentage (IV-D PEP)) – This performance measure is calculated by dividing the total number of children born out of wedlock with paternity established or acknowledged in the CSEA IV-D caseload during the performance year by the total number of IV-D children born out of wedlock as of the end of the preceding performance year.

(b) Establishment of support orders – This performance measure is calculated by dividing the number of IV-D cases with support orders established by the total number of IV-D cases.

(c) Collection of current support – This performance measure is calculated by dividing the amount of current support collected on orders in IV-D cases by the total amount of current support owed in IV-D cases with orders.

(d) Collection of past due support – This performance measure is calculated by dividing the number of IV-D cases with an arrearage collection by the total number of IV-D cases with an arrearage owed.

(e) Cost effectiveness – This performance measure is calculated by dividing the total IV-D dollars collected by the total IV-D dollars expended.

(3) The CSEA maximum incentive potential is the maximum share of the Ohio incentive payment that a CSEA can receive for performance during a performance year. It is derived using a calculation analogous to that described in paragraph (B) of rule 5101:12-1-54 of the Administrative Code, by completing the following steps in sequence:

(a) Determine the CSEA collection base by applying the following formula to CSEA collections:

“(2 X (current assistance plus former assistance collections plus medicaid assistance)) + never assistance collections + fees retained by other states”

(b) Determine the CSEA collection base percentage by dividing the CSEA collection base by the sum of the CSEA collection bases for all eighty-eight CSEAs for the fiscal year; and

(c) Determine the CSEA maximum incentive potential by multiplying the Ohio incentive payment by the CSEA incentive payment percentage.

(4) The CSEA’s maximum incentive potential for a specific performance measure can be determined by multiplying the CSEA’s maximum incentive potential by the relative weight percentage for that measure. The performance measures and relative weights for each measure are:

(a) Establishment of paternity – twenty-five per cent;

(b) Establishment of support orders – twenty-five per cent;

(c) Collections on current support – twenty-five per cent;

(d) Collections on current arrears – fifteen per cent; and

(e) Cost effectiveness – ten per cent.

(5) The maximum incentive potential allocated to the CSEA during a calendar year will be determined at the end of the previous federal fiscal year (for example, the amount allocated to the CSEA for calendar year 2007 will be based on federal fiscal year 2006).

(6) For work plans effective from October 1, 2005, through September 30, 2006, the required improvement percentages described in paragraph (C)(1) of this rule apply.

(B) Calculation of a holdback from the maximum incentive potential.

(1) A CSEA shall only be subject to a holdback from its maximum incentive potential based on its performance in the following four performance measures:

(a) Establishment of paternity;

(b) Establishment of support orders;

(c) Collection of current support; and

(d) Collection of past due support.

(2) A CSEA shall receive one hundred per cent of the maximum incentive potential, and shall be held harmless from any holdback described in this rule, for its performance in the cost effectiveness category each performance year.

(3) A CSEA shall receive one hundred per cent of its maximum incentive potential for a performance category, when the CSEA:

(a) Reaches eighty per cent performance in the same category; or

(b) Meets or exceeds the performance percentage it achieved in the same category in the immediately preceding performance year beginning with the performance year ending September 30, 2005.

(4) A CSEA shall be subject to a holdback, each year, from its maximum incentive potential for a performance category, when the following occurs:

(a) The CSEA does not meet or exceed eighty per cent performance in a performance category; and

(b) The CSEA’s performance declines as compared to its performance in the same category in the immediately preceding performance year.

(5) A holdback from a performance category will be calculated based on the following table:

Percentage Performance Declined Percentage of Holdback from Maximum Incentives Potential

Equal to or less than 1% .5%

1.1% to 2% 1%

2.1% to 3% 2%

Equal to or greater than 3.1% 3%

(6) Any portion of the Ohio incentive payment remaining after calculation of incentive holdbacks shall be aggregated in a holdback fund. The fund shall be distributed each year to CSEAs as follows:

(a) Fifteen per cent of the holdback fund shall be divided into four equal amounts representing the four performance categories, excluding cost effectiveness, and distributed to the three CSEAs with the highest performance in those performance categories. The amount each CSEA receives will be based on the ratio of the CSEA’s IV-D caseload to the sum of the three CSEA’s IV-D caseloads.

(b) Eighty-five per cent of the holdback fund shall be divided into four equal amounts representing the four performance categories, excluding cost effectiveness, and distributed to the five CSEAs with the lowest aggregate performance in those performance categories. The amount each CSEA receives will be based on the ratio of the CSEA’s IV-D caseload to the sum of the five CSEA’s IV-D caseloads. For the purpose of calculating overall performance, each individual performance category is capped at eighty per cent.

(C) Work improvement plan (WIP).

(1) Funds distributed according to paragraph (B)(6)(b) of this rule shall be spent by the CSEA in accordance with a WIP for each category in which the CSEA is performing at less than eighty per cent. The WIP must describe, in detail, the steps and number of staff needed to improve performance and include the proportion of holdback funds attributable to each section of the plan. The WIP shall benchmark improvement under the plan based on the following table:

Performance Achieved for the category in the performance year Expected Performance Improvement in the Next Performance Year

76% to 79.99% .5%

66% to 75.99% 1%

56% to 65.99% 2%

Equal to or less than 55.99% 3%

(2) In the event that a CSEA fails to achieve the improvements outlined in an approved WIP, or if a WIP is not submitted or is not approved by OCS, the holdback funds, or any undistributed portion of the holdback fund, shall be 5101:12-1-54.1 4 retained by ODJFS and used for the purpose of improving the statewide program of child support enforcement required by section 3125.03 of the Revised Code. The child support executive leadership committee (CSELC) or a subcommittee appointed by CSELC, composed of state and county staff, shall present recommendations to OCS regarding the use of the retained funds.

(3) The CSEA shall submit a WIP for a performance year by December thirty-first of the subsequent performance year.

(D) Baseline maintenance plan (BMP).

(1) Unless required to provide a WIP in the category at issue, a CSEA shall be required to submit a BMP in a performance category to the office of child support when:

(a) The CSEA does not maintain the level of performance achieved in the performance category for the performance year ended September 30, 2005, for two consecutive years; or

(b) The CSEA’s performance in any performance year exceeds the level achieved in the category for the performance year ended September 30, 2005, and the CSEA does not maintain that new level for two subsequent consecutive years.

(2) The CSEA shall remain subject to the incentive holdback calculation described in paragraph (B)(4) of this rule.

(3) The work plan shall benchmark improvement based on the level of performance achieved by the CSEA in the same category for the performance year ended September 30, 2005, or such subsequent performance year in which performance exceeds the level achieved in the 2005 performance year.

(4) The CSEA shall submit a BMP for a performance year by December thirty-first of the subsequent performance year.

(E) Category improvement plan (CIP).

(1) Unless required to provide a WIP or a BMP in the category at issue, the CSEA shall submit a CIP for:

(a) IV-D PEP and support order establishment, when a CSEA’s performance percentage is less than eighty per cent in either of these performance categories; and

(b) Collections on current support and collections on cases with arrears, when a CSEA’s performance percentage is less than seventy-five per cent in either of these performance categories.

(2) No county shall be required to submit more than two CIPs in any performance year.

(3) The CSEA shall submit a CIP for a performance year by December thirty-first of the subsequent performance year.

(F) Any CSEA that does not submit a WIP in accordance with paragraph (C) of this rule, a BMP in accordance with paragraph (D) of this rule, or an CIP in accordance with paragraph (E) of this rule shall be subject to a corrective action plan or other sanctions under rule 5101:12-1-01 of the Administrative Code.

(G) ODJFS program performance reporting.

(1) The Ohio department of job and family services, office of child support (OCS) shall report to each CSEA director or administrator, the director of any county department of job and family services responsible for operations at that county CSEA, and the county board of commissioners, the following:

(a) The amount of the maximum incentive potentially available to the CSEA;

(b) The CSEA’s performance during the previous performance year;

(c) If applicable, the amount of any hold back from the maximum incentive potential; and

(d) If applicable, the amount of any award to the CSEA per paragraph (B)(6) of this rule and the deadline for submission of necessary documentation per paragraph (C)(3), (D)(4), or

(E)(3) of this rule.

(2) OCS shall issue the report by the thirty-first day of December for the calendar year in which the performance year is being reported.

(H) Method of distribution of incentive payments.

(1) Payment of incentives is through the child support administrative draw described in rule 5101:9-7-02 of the Administrative Code. ODJFS shall send written notice of the amount of incentives earned by the CSEA to the CSEA, the board of county commissioners, and the county auditor.

(2) As described in paragraph (B)(2) of rule 5101:12-1-54, an estimated amount of incentives is distributed to each CSEA throughout the calendar year. The actual amount of incentives earned by a CSEA is unknown until the annual incentives reconciliation for the federal fiscal year occurs. For instance, the incentive reconciliation received in October 2004 was for federal fiscal year 2003. The final amount would include any necessary adjustments as the result of previous incentive overpayments or underpayments to ODJFS from the federal government pursuant to the processes described at 45 C.F.R. 305 (2004). At the close of the federal fiscal year, a comparison is made between the estimated federal incentives and the actual federal incentives earned by the state. When the comparison indicates that the estimated amount exceeds the actual amount earned by the state and a deficiency exists, ODJFS will adjust the county allocation in the succeeding months. When the comparison indicates that the actual amount earned exceeds the estimated amount and a surplus exists, ODJFS will make a one time payment to the CSEA through the administrative advance process.

(I) Requirements for use of federal incentives.

(1) In accordance with section 5101.23 of the Revised Code and federal regulations at 45 C.F.R. 305.35 (2004), the CSEA shall spend funds only for allowable Title IV-D expenditures unless approval is received from the federal department of health and human services.

(2) Reinvestment – In accordance with federal regulations at 45 C.F.R. 305.35 (2004), state IV-D expenditures may not be reduced as a result of the receipt and reinvestment of incentive payments. A base amount will be determined by subtracting the amount of incentive funds received and reinvested in the state IV-D program for fiscal year 1998 from the total amount expended by the state in the IV-D program during the same period. States have an option of using the average amount of the previous three fiscal years as a base amount. This base amount of state spending must be maintained in future years. Incentive payments under this part must be used in addition to, and not in lieu of, the base amount.

(3) Maintenance of effort – In accordance with federal regulations at 45 C.F.R. 305.35(c)

(2004) and 45 C.F.R. 305.35(d) (2004), a CSEA may not reduce its IV-D expenditures as a result of receipt and reinvestment of incentive payments. An evaluation of IV-D expenditures reported on the JFS 02750, “Child Support Administrative Fund Monthly Financial Statement” (rev. 6/2005), will be developed to establish a base period using an average of the three previous fiscal years. This average will be the IV-D expenditures level that must be maintained in future years. Incentive payments must be used in addition to, and not in lieu of, the base amount.

Replaces: Part of 5101:1-29-04, 5101:1-31-30

Effective: 06/15/2006

R.C. 119.032 review dates: 06/01/2011

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3125.03, 5101.23, sections 206.66.91 and 206.66.92, Am. Sub. HB 66, 126th GA

Prior Effective Dates: 10/1/85 (Emer), 1/1/86 (Emer), 4/1/86, 10/1/87 (Emer), 12/1/87

(Emer), 12/1/87, 12/24/87, 2/29/88, 7/15/88, 9/1/89 (Emer), 10/1/89, 11/30/89, 6/1/90, 10/1/90 (Emer), 11/1/91, 1/10/92, 4/1/92, 12/31/92 (Emer), 4/1/93, 7/1/93, 2/1/95, 8/1/96, 9/20/96 (Emer), 12/15/96, 1/1/98, 7/15/02, 5/12/03, 1/1/04, 11/10/05

(A) The following definitions apply to this rule:

(1) “Assigned medical support” means the medicaid applicant, recipient, or participant has assigned the right to collect and retain medical support from an obligor or medical reimbursement from a third party to the Ohio department of job and family services (ODJFS).

(2) “Third party” means any private medical insurer, individual, entity, or public or private medical program that is or may be liable to pay all or part of the cost of injury, disease, or disability on behalf of a medicaid applicant, recipient, or participant.

(B) When the CSEA is made aware of an accident or injury involving the medicaid applicant, recipient, or participant, the CSEA shall complete the JFS 06613, “Accident Injury Insurance Information” (rev. 07/1998), send it to ODJFS, and send a copy to the county department of job and family services (CDJFS).

(C) When assigned medical support and assigned third party collections are received:

(1) The child support enforcement agency (CSEA) is entitled to have fifteen percent of the total collection; and

(2) ODJFS is entitled to have eighty-five percent of the total collection.

Replaces: 5101:1-29-36, Part of 5101:1-29-35.2

Effective: 01/01/2007

R.C. 119.032 review dates: 01/01/2012

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3125.03, 3125.25

Prior Effective Dates: 1/7/85, 8/1/86, 12/1/87, 12/20/88, 9/1/89, 8/1/90, 6/1/91, 11/1/91, 7/15/92, 4/1/93, 1/1/98, 12/20/98, 7/1/02, 10/2/03

(A) This rule describes the support enforcement program services and IV-D services for which a child support enforcement agency (CSEA) may request federal financial participation (FFP) reimbursement.

FFP reimbursement is available for reasonable and necessary CSEA expenditures for services and activities provided in a IV-D case and properly attributable to the operation of the support enforcement program. FFP reimbursement principles are based upon the general principles for determining allowable costs described in 2 C.F.R., subtitle A, chapter II, part 225 (8/31/2005) (circular A-87 of the federal office of management and budget). The current FFP reimbursement rate is sixty-six per cent.

(B) The following definition applies to this rule and its supplemental rule:

“Arrest” means taking an individual into physical custody pursuant to a court-issued process and transporting that person to the court that ordered his or her arrest. It does not include incarceration, arraignment, and other activities that may occur as the result of an arrest.

(C) CSEA expenditures for the following services are eligible for FFP reimbursement when provided in a IV-D case:

(1) Support enforcement program services, which include:

(a) Location services;

(b) Establishment of parentage;

(c) Establishment and modification of child support orders and medical support orders;

(d) Enforcement of support orders;

(e) Collection of support obligations; and

(f) Any other actions appropriate to child support enforcement, which include but are not limited to:

(i) Monitoring the progress of program development and operations and evaluating the quality, efficiency, effectiveness, and scope of support enforcement program services available in the county;

(ii) The establishment of all necessary IV-D contracts with a private or governmental entity for the provision of IV-D services where the IV-D contract is established in accordance with rules 5101:12-1-80 to 5101:12-1-80.4 of the Administrative Code;

(iii) The direct cost of reasonable and essential short-term training provided to CSEA staff;

(iv) The development and maintenance of fiscal and program records and reports required to be made to the Ohio department of job and family services;

(v) Expenditures for general administrative costs (e.g., salaries, supplies, and equipment); and

(vi) The establishment and maintenance of case records.

(2) IV-D services, which include:

(a) Federal income tax refund offset submittals for the collection of support arrears;

(b) Withholding of unemployment compensation for the payment of support;

(c) Requests to the internal revenue service for the disclosure of taxpayer information for use in establishing and collecting support obligations;

(d) Requests to the internal revenue service for the collection of delinquent support; and

(e) Requests to use the U.S. district courts when another state has failed to enforce an Ohio court support order.

(3) The purchase of IV-D services when the services are purchased under a IV-D contract in accordance with rules 101:12-1-80 to 5101:12-10-80.4 of the Administrative Code, including but not limited to:

(a) Reasonable and essential short-term training of court and law enforcement staff assigned on a full- or part-time basis to support enforcement functions;

(b) Service of process and court filing fees when the court or law enforcement agency would normally be required to pay the cost of such fees;

(c) Costs incurred while making an arrest that is necessary to enforce a support obligation;

(d) Service of process fees, when the CSEA obtains written verification from the sheriff that the sheriff charges other agencies service of process fees; and

(e) Sheriff’s office personnel and equipment costs, when the costs are necessary to complete service of process activities.

(D) The CSEA shall comply with the rules set forth in division 5101:9 of the Administrative Code.

Replaces: Part of 5101:12-10-45.1

Effective: 02/15/2009

R.C. 119.032 review dates: 11/26/2008 and 02/01/2014

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3125.03

Prior Effective Dates: 12/15/86, 12/1/87 (Emer), 2/29/88, 10/1/90, 4/1/92, 1/1/93, 6/1/95, 7/1/02, 9/1/07

(A) This rule describes expenditures for which a child support enforcement agency (CSEA) shall not request federal financial participation (FFP) reimbursement.

(B) CSEA expenditures for which FFP reimbursement is not available include but are not limited to:

(1) Support enforcement program services provided in a non-IV-D case.

(2) Charges assessed to the CSEA by a court or clerk of court that are not uniformly assessed to another agency or official that uses the services of the court or clerk of court.

(3) Purchased IV-D services that are not purchased in accordance with or do not meet the requirements of rules 5101:12-1-80 to 5101:12-1-80.4 of the Administrative Code.

(4) The following charges assessed to the CSEA under a IV-D contract:

(a) Service of process and court filing fees unless the court or law enforcement agency would normally be required to pay the cost of such fees;

(b) Costs of compensation (salary and fringe benefits) of judges;

(c) Costs of travel and training related to the judicial determination process incurred by judges;

(d) Office related costs, such as space, equipment, furnishings and supplies, incurred by judges;

(e) Compensation (salary and fringe benefits), travel and training, and office related costs incurred by administrative and support staffs of judges;

(f) Service of process fees unless the CSEA obtains written verification from the sheriff that the sheriff charges other agencies service of process fees;

(g) Sheriff’s office personnel and equipment costs unless the costs are necessary to complete service of process activities;

(h) Costs that do not meet the definition of “allowable cost,” as defined in rule 5101:12-1-80 of the Administrative Code;

(i) Costs that do not meet the definition of “reasonable cost,” as defined in rule 5101:12-1-80 of the Administrative Code; and

(j) Hearings, portions of hearings, or other activities related to:

(i) Visitation, custody, or change of custody;

(ii) Establishment of spousal support orders;

(iii) Enforcement of spousal support orders if no child support order exists for the same parties;

(iv) Property settlements; and

(v) Civil protection orders or domestic violence cases.

(5) Education and training programs and educational services, except short-term training of CSEA staff.

(6) Activities related to administering the following public programs:

(a) Ohio works first (OWF);

(b) Medicaid and state children’s health insurance program;

(c) Social services that are provided pursuant to section 5101.46 of the Revised Code; and

(d) Old-age assistance, aid to the blind, and aid to the permanently and totally disabled.

(7) Construction and major renovations.

(8) Charges that have been reimbursed by recovered fees.

(9) Functions performed by a caseworker who is also determining eligibility for OWF or performing social services functions pursuant to section 5101.46 of the Revised Code, unless alternative arrangements as described in 45 C.F.R. 303.20(e) (6/11/2003) have been approved by the office of child support (OCS) in the Ohio department of job and family services (ODJFS).

(10) Medical support enforcement activities to pursue payments from a third party health insurer.

(11) Costs for the use of the federal parent locator service in parental kidnapping, child custody, or visitation cases.

(12) Costs for the incarceration of parents.

(13) Costs of counsel for indigent defendants.

(14) Costs of guardians ad litem.

(15) Services the CSEA is not authorized to perform under the rules set forth in division 5101:12 of the Administrative Code.

Replaces: Part of 5101:12-10-45.1

Effective: 02/15/2009

R.C. 119.032 review dates: 11/26/2008 and 02/01/2014

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3125.03

Prior Effective Dates: 4/1/92, 6/1/93, 6/1/95, 7/1/02, 9/1/07

(A) This rule and its supplemental rules describe the process by which a child support enforcement agency (CSEA) enters into a IV-D contract with a governmental entity or a private entity to provide IV-D services and for the CSEA to receive federal financial participation (FFP) reimbursement to offset the cost of the purchase of the services under a IV-D contract. The principles of FFP reimbursement are described in rules 5101:12-1-60 and 5101:12-1-60.1 of the Administrative Code.

(B) The following terms and definitions apply to this rule and its supplemental rules:

(1) “Allowable cost” refers to a cost under a IV-D contract that meets the following general criteria:

(a) The cost is necessary and reasonable for the proper and efficient performance and administration of the IV-D contract.

(b) The cost is allocable to the support enforcement program under the provisions of 2 C.F.R., subtitle A, chapter II, part 225 (8/31/2005) (circular A-87 of the federal office of management and budget).

(c) The cost is authorized or not prohibited under state or local laws or regulations.

(d) The cost conforms to any limitation or exclusion under the provisions of 2 C.F.R., subtitle A, chapter II, part 225.

(e) The cost is consistent with policies, regulations, and procedures of the support enforcement program.

(f) Unless otherwise provided for in 2 C.F.R., subtitle A, chapter II, part 225, the cost is determined in accordance with generally accepted accounting principles.

(2) “Calendar quarter” means one of the following three-month time periods:

(a) January first through March thirty-first;

(b) April first through June thirtieth;

(c) July first through September thirtieth; or

(d) October first through December thirty-first.

(3) “Contractor” refers to a private or governmental entity with whom the CSEA enters into a IV-D contract.

(4) “Governmental entity” includes the following entities in the same county as the CSEA:

(a) A court;

(b) A prosecutor or other law enforcement official;

(c) A sheriff;

(d) A clerk of court;

(e) A recorder’s office;

(f) A treasurer’s office; or

(g) Any other public or governmental agency or official.

(5) “Initiated by the CSEA” or “CSEA initiated” refers to an activity that is started by the CSEA, which includes but is not limited to:

(a) A complaint or motion filed by the CSEA, including a complaint or motion in which the CSEA requests to be joined as a party to the case; and

(b) A court hearing or other proceeding before a magistrate that is the result of a timely objection to an administrative recommendation, determination, decision, or order issued by the CSEA.

(6) “IV-D case” means a case that has been approved for IV-D services as described in rule 5101:12-10-01.1 of the Administrative Code.

(7) “IV-D contract” means a mutually binding, legal relationship obligating a private or governmental entity to provide IV-D services in a IV-D case or perform other administrative duties of the CSEA that pertain to a IV-D case in return for payment by the CSEA. A IV-D contract is executed through the JFS 07018, “IV-D Contract” (rev. 2/2009) and JFS 07037, “IV-D Contract Amendment” (rev. 2/2009).

(8) “IV-D contract documents” refers to the following forms:

(a) JFS 01728, “Daily Time Sheet for Non-Dedicated Principal Staff” (2/2009);

(b) JFS 01729, “Monthly Time Sheet Summary for Non-Dedicated Principal Staff” (2/2009);

(c) JFS 01730, “Dedicated Principal Staff Exception Report” (2/2009);

(d) JFS 01731, “Monthly Time Summary for Governmental Contractor” (2/2009);

(e) JFS 01772, “IV-D Contract Cover Letter” (rev. 2/2009);

(f) JFS 02015, “IV-D Contract Time Study” (rev. 2/2009);

(g) JFS 02151, “IV-D Contract Evaluation” (rev. 2/2009);

(h) JFS 07015, “Certification of Compliance with Competitive Sealed Bid Requirements” (rev. 2/2009);

(i) JFS 07016, “IV-D Contract Security Addendum” (rev. 2/2009);

(j) JFS 07018;

(k) JFS 07020, “Governmental Contractor IV-D Contract Budget” (rev. 2/2009);

(l) JFS 07034, “Governmental Contractor Monthly Expense Report” (rev. 2/2009);

(m) JFS 07035, “IV-D Contract Invoice” (rev. 2/2009); and

(n) JFS 07037.

(9) “IV-D services” has the same meaning as in rule 5101:12-1-10.1 of the Administrative Code.

(10) “Law enforcement official” means district attorneys, attorneys general, and similar public attorneys and prosecutors and their staff.

(11) “Non-federal share” has the same meaning as in paragraph (A)(3)(a) of rule 5101:12-1-50 of the Administrative Code. The non-federal share is calculated by subtracting the current FFP reimbursement rate, as defined in rule 5101:12-1-60 of the Administrative Code, from one hundred per cent. The remaining percentage is the non-federal share.

(12) “Not initiated by the CSEA” or “non-CSEA initiated” refers to an activity that is not started by the CSEA, which includes but is not limited to:

(a) A court hearing or other proceeding held as a result of a complaint or motion filed by a private attorney or any entity other than the CSEA;

(b) An activity performed by the CSEA in response to an action filed by a private attorney or any other entity other than the CSEA including but not limited to witness testimony, preparation of guidelines calculations, or responding to subpoenas duces tecum; and

(c) An action taken by a CSEA when the CSEA has not requested to be but is joined as a party to the case.

(13) “Private entity” means a company, organization, or individual that does not meet the definition of “governmental entity.”

(14) “Reasonable cost” in accordance with 2 C.F.R., subtitle A, chapter II, part 225, means a cost that by its nature and amount does not exceed the cost that would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. Considerations include but are not limited to whether:

(a) The cost is generally recognized as an ordinary and necessary operating expense;

(b) Sound business practices and arms-length bargaining have been utilized;

(c) Market prices for comparable goods or services have been considered;

(d) The individuals involved in the IV-D contract process have acted with prudence considering the individuals’ responsibilities to the CSEA; and

(e) The cost does not significantly deviate from established practices of the CSEA.

(15) “Total IV-D contract cost” means one hundred per cent of the cost of the services purchased or duties performed under a IV-D contract.

(C) IV-D contracts.

(1) In accordance with section 3125.14 of the Revised Code, the CSEA is required to enter into a IV-D contract with a court and law enforcement official in the same county as the CSEA to provide for the enforcement of a support order.

(2) If a court or law enforcement official declines or fails to enter into a IV-D contract with the CSEA, the CSEA must document any attempt to enter into a IV-D contract with the court or law enforcement official and retain the documentation in accordance with rule 5101:12-1-80.4 of the Administrative Code.

(D) Types of IV-D contracts.

The types of IV-D contracts that the CSEA may elect to enter into include but are not limited to:

(1) A IV-D contract with a prosecutor in the same county as the CSEA or a private attorney to provide legal services.

(2) A IV-D contract with a prosecutor in the same county as the CSEA to provide service of process, including warrants for arrest.

(3) A IV-D contract with the sheriff in the same county as the CSEA to provide service of process, including warrants for arrest. The CSEA may enter into a IV-D contract with a person or private entity to provide service of process only when the CSEA determines that the sheriff is unable to provide the resources necessary for service of process in a timely manner.

(4) A IV-D contract with a private entity to provide service of process, excluding warrants for arrest.

(5) A IV-D contract with a court or a clerk of court in the same county as the CSEA to provide the duties of a clerk of court that are initiated by the CSEA.

(6) A IV-D contract with a court in the same county as the CSEA to provide magistrate services. The CSEA may elect to purchase:

(a) Only CSEA initiated activities; or

(b) Both CSEA initiated and non-CSEA initiated activities.

(7) A IV-D contract with a court in the same county as the CSEA for probation officer services to provide enforcement duties that target only individuals placed on probation for non-payment of child support when the enforcement duties of the probation officer are:

(a) Specifically for the purposes of assuring regular and continuing payments of child support; and

(b) Not generally a part of a probation officer’s routine of monitoring the whereabouts and activities of an offender.

(8) A IV-D contract with a private entity to provide collection services.

In accordance with section 3125.30 of the Revised Code, the private entity shall forward any payments collected under the IV-D contract to child support payment central, within the office of office of child support (OCS), within the Ohio department of job and family services, no later than one day after the receipt of the payments.

(E) Requirements when the CSEA enters into a IV-D contract with a court for magistrate services and the CSEA elects to purchase both CSEA initiated and non-CSEA initiated activities.

(1) The court shall certify that all court hearings are conducted in compliance with Title IV-D of the Social Security Act, Pub. L. No. 93-647, 88 Stat. 2351 (1975), 42 U.S.C. 651 (8/22/1996), as amended, and the rules in division 5101:12 of the Administrative Code.

(2) A court hearing is defined as a hearing or other proceeding held as a result of a complaint or motion filed for the following reasons, including but not limited to:

(a) Establishment of paternity;

(b) Establishment and modification of a child support order or medical support order;

(c) Enforcement of a support order; and

(d) Collection of a support obligation.

(3) No party may be charged court costs for a court hearing unless the court costs are required by state law. If court costs are assessed and collected, the contractor shall report the collection as income on the JFS 07020.

(4) The CSEA shall certify that each case listed on the JFS 07035 was an active, open IV-D case on the date that the court hearing was held.

(F) Limitations when the CSEA intends to enter into or enters into a IV-D contract with a prosecutor or private attorney to provide legal services as described in section 3125.17 of the Revised Code:

(1) The CSEA shall not enter into a IV-D contract with a prosecutor or his or her employees as a private attorney during the prosecutor’s term of office.

(2) The prosecutor or private attorney shall not represent the CSEA on matters in which that prosecutor or private attorney participated as a CSEA administrative officer making administrative determinations or issuing administrative orders.

(G) Competitive sealed bid and proposal requirements for a IV-D contract with a private entity.

(1) A CSEA administered by a county department of job and family services (CDJFS) that intends to enter into a IV-D contract with a private entity may elect to use either the competitive sealed bid process described in section 307.86 of the Revised Code, or the competitive sealed proposal process described in section 307.862.

(2) A CSEA not administered by a CDJFS that intends to enter into a IV-D contract with a private entity shall use the competitive sealed bid process described in section 307.86 of the Revised Code.

(3) A CSEA that is not administered by a CDJFS or a CSEA that is administered by a CDJFS that elects to use the competitive sealed bid process shall comply with all competitive sealed bid requirements, including but not limited to the following:

(a) The standards for competitive sealed bidding, as described in sections 307.86, 307.861, 307.87, 307.88, 307.89, 307.90, 307.91, and 307.92 of the Revised Code;

(b) The standards for acquisition, county standards of conduct, contracting with small and minority business, women’s business enterprise, and labor surplus area firms, procurement methods, competition, and purchase threshold, as described in Chapter 5101:9-4 of the Administrative Code; and

(c) The standards for procurement, competition, acquisition threshold, contracting with small and minority business, women’s business enterprise, and labor surplus area firms, contract cost and price, awarding agency review, and bonding requirements, as described in 45 C.F.R. 92.36 (4/19/1995).

(4) The CSEA shall complete and submit to OCS the JFS 07015 to either certify that the CSEA is in compliance with applicable state and federal laws regarding the competitive sealed bid requirements or indicate that the CSEA, if administered by a CDJFS, has elected to use the competitive sealed proposal process.

Replaces: Part of 5101:12-10-45, Part of 5101:12-10-45.1, Part of 5101:12-10-45.2

Effective: 02/15/2009

R.C. 119.032 review dates: 02/01/2014

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3125.13, 3125.14, 3125.141, 3125.17

Prior Effective Dates: 8/1/75, 12/1/78 (Emer), 8/1/82, 7/1/87 (Emer), 7/1/87, 8/3/87, 12/1/87 (Emer), 12/1/87, 2/29/88, 11/27/89 (Emer), 2/1/90, 2/19/90, 4/10/92, 7/15/92, 11/1/93, 7/1/96, 2/1/97, 7/1/02, 1/1/04, 12/2/04, 2/16/06

(A) The child support enforcement agency (CSEA) is responsible for the contents of the IV-D contract and all incorporated IV-D contract documents, regardless of whether the IV-D contract documents were prepared by the CSEA, the contractor, or another entity.

(B) The following IV-D contract terms must be agreed upon by the parties to the IV-D contract and completed by the CSEA, the contractor, or another entity:

(1) IV-D contract period.

The IV-D contract period is for twelve months or less. When the IV-D contract period is less than twelve months, the CSEA may amend the IV-D contract to extend the IV-D contract period through the remainder of the twelve-month period or enter into a new IV-D contract for a period of twelve months or less.

(2) Unit of service.

(a) The unit of service represents the product that the CSEA is purchasing from the contractor. The CSEA and contractor shall ensure that the unit of service is:

(i) Clearly defined in the IV-D contract;

(ii) Able to be accurately counted and measured;

(iii) Related to the objectives of the support enforcement program;

(iv) Eligible for federal financial participation (FFP) reimbursement; and

(v) Provided to, for, or on behalf of a IV-D case.

(b) In a IV-D contract with a court for magistrate services, the unit of service must be defined as:

(i) An hour;

(ii) A court order that has been filed with the clerk of court; or

(iii) A court hearing presided over by a magistrate.

(c) In a IV-D contract with a clerk of court, a unit of service must be defined as a filing of a CSEA initiated document.

(d) In a IV-D contract with a sheriff for services other than service of process, a unit of service must be defined as an hour.

(e) In a IV-D contract with a prosecutor or private attorney for legal services, a unit of service must be defined as an hour.

(f) In a IV-D contract with a private entity for a service other than legal services, a unit of service must be defined according to the standard definition of a unit of service for that industry.

(3) Optional purchase of non-CSEA initiated activities.

In a IV-D contract with a court to provide magistrate services, the CSEA may elect to purchase:

(a) Only CSEA initiated activities; or

(b) Both CSEA initiated activities and non-CSEA initiated activities.

(4) IV-D contract costs.

(a) Unit rate.

(i) In a IV-D contract with a private entity, the unit rate is determined through the procurement process.

(ii) In a IV-D contract with a governmental entity:

(a) The governmental entity is prohibited from earning a profit or other increment above allowable costs from the IV-D contract.

(b) For purposes of calculating the unit rate, the following definitions apply:

(i) “Dedicated unit” means the contractor has staff within a separately designated operational unit whose only duties are to perform activities under the IV-D contract.

(ii) “Non-dedicated unit” means the contractor has staff whose duties include performing activities under the IV-D contract as well as other activities.

(iii) “Program” means services provided by either a non-dedicated unit or a dedicated unit. Costs for the program consist of the total costs associated with the production of a unit of service by that non-dedicated or dedicated unit.

(c) In a IV-D contract with a governmental entity, the unit rate shall be calculated on the JFS 07020, “Governmental Contractor IV-D Contract Budget” (rev. 2/2009), by using an estimate of the contractor’s annual costs that are eligible for federal financial participation (FFP) reimbursement and an estimate of the income generated by the provider of the program.

(d) The contractor shall calculate the unit rate on the JFS 07020 by:

(i) Including one hundred per cent of the costs of the principal staff of the non-dedicated unit.

(ii) Prorating the contractor’s costs for staff, operations, and equipment.

(iii) Including an estimate of the income generated by the provider of the program.

(iv) Including the estimated number of total operating units to be produced by the principal staff during the IV-D contract period.

(v) Including the estimated number of units of service to be purchased during the IV-D contract period.

(b) Total IV-D contract cost.

(i) The total IV-D contract cost is calculated by multiplying the unit cost by the number of units of service expected to be purchased during the IV-D contract period.

(ii) The CSEA shall ensure that the total IV-D contract cost includes both the non-federal share and the FFP reimbursement.

(a) In a IV-D contract with a private entity:

(i) The CSEA shall pay the non-federal share of the total IV-D contract cost;

(ii) The contractor shall not contribute the non-federal share of the total IV-D contract cost, either in cash or in kind; and

(iii) The FFP reimbursement shall not be considered as the total IV-D contract cost.

(b) In a IV-D contract with a governmental entity, the contractor may provide the non-federal share of the total IV-D contract cost.

(iii) The CSEA shall not pay the contractor more than the total IV-D contract cost.

(5) Availability of funds.

The CSEA shall identify the amount and source of non-federal funds, as described in rule 5101:12-1-50 of the Administrative Code, and the amount of FFP reimbursement that is expected to be available for the reimbursement of services to the contractor.

(6) Performance standards.

(a) The performance standards shall clearly describe the service or services that the CSEA is purchasing from the contractor and shall be:

(i) In compliance with the requirements in 45 C.F.R. Part 303 (8/4/1989);

(ii) Consistent with and no less stringent than the rules in division 5101:12 of the Administrative Code;

(iii) Developed in consultation with the contractor;

(iv) Sufficiently detailed to clearly define the expected performance;

(v) Quantifiable; and

(vi) Measurable and clearly specify the method and frequency of measurement.

(b) The CSEA shall attach a document to the JFS 07018, “IV-D Contract” (rev. 2/2009) that describes the performance standards for the IV-D contract. When the contractor and CSEA are amending the performance standards of a IV-D contract, the CSEA shall attach a document to the JFS 07037, “IV-D Contract Amendment” (rev. 2/2009) that describes the amended performance standards.

(7) Access of program to public.

The CSEA and contractor shall describe when the contractor will provide services to the public.

(C) IV-D contract signatures.

(1) The JFS 07018 and JFS 07037 shall be signed and dated by:

(a) The authorized representative of the CSEA;

(b) The authorized representative of the contractor; and

(c) The majority of the commissioners in the county or a person formally authorized by the commissioners to sign on their behalf.

(2) If required by the county, the prosecutor shall also sign the JFS 07018 and JFS 07037.

(D) Amending the IV-D contract.

(1) After a IV-D contract is in effect, the CSEA and contractor may agree to amend the IV-D contract terms as described in paragraph (B) of this rule at any time during the IV-D contract period by completing and submitting to the office of child support (OCS) the JFS 07037.

(a) OCS shall review the IV-D contract amendment and determine whether the amendment is acceptable for purposes of FFP reimbursement.

(b) OCS shall notify the CSEA of its determination.

(2) The CSEA shall amend the IV-D contract to increase the total IV-D contract cost when the total IV-D contract cost amount is insufficient to provide services for the entire IV-D contract period and the CSEA desires to continue to purchase services for the remainder of the IV-D contract period.

(E) Modifying the IV-D contract.

Language in the JFS 07018 and JFS 07037 shall not be modified, deleted, struck out, or added, except for the following:

(1) Before signing the IV-D contract or IV-D contract amendment, the CSEA or contractor may agree to modify the language contained in the IV-D contract or IV-D contract amendment.

(a) The CSEA shall submit the proposed modifications to OCS.

(b) OCS shall review the proposed modifications and determine whether the modifications are acceptable for purposes of FFP reimbursement.

(c) OCS shall notify the CSEA of its determination.

(2) If the CSEA or contractor modifies the language in the IV-D contract or IV-D contract amendment without the agreement of both parties and acceptance from OCS, the modified IV-D contract or IV-D contract amendment will have no force or effect of law.

Replaces: Part of 5101:12-10-45.1, Part of 5101:12-10-45.2, Part of 5101:12-10-45.3, Part of 5101:12-10-45.4, Part of 5101:12-10-45.6

Effective: 02/15/2009

R.C. 119.032 review dates: 02/01/2014

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3125.13, 3125.14, 3125.17

Prior Effective Dates: 8/1/75, 8/1/82, 7/1/87 (Emer), 7/1/87, 8/3/87, 12/1/87 (Emer), 12/1/87, 2/29/88, 11/27/89 (Emer), 2/1/90, 2/19/90, 4/10/92, 7/15/92, 11/1/93, 7/1/96, 2/1/97, 7/1/02, 1/1/04, 12/2/04, 2/16/06

(A) Submission requirements.

(1) The child support enforcement agency (CSEA) and contractor shall not add any text to any of the IV-D contract documents, or make any modifications, deletions, or strike outs to the IV-D contract documents, whether to the face of or as an addenda to the IV-D contract documents with the following exceptions:

(a) The CSEA and contractor may agree to amend the IV-D contract in accordance with paragraph (D) of rule 5101:12-1-80.1 of the Administrative Code;

(b) The CSEA and contractor may agree to modify the IV-D contract in accordance with paragraph (E) of rule 5101:12-1-80.1 of the Administrative Code; or

(c) The CSEA and contractor may agree to modify the required information in the insertable fields contained in the IV-D contract documents.

(2) The CSEA shall retain the original, completed, and signed IV-D contract and all original completed IV-D contract documents and submit to the office of child support (OCS) a copy of the following completed IV-D contract documents, as applicable:

(a) For a IV-D contract between the CSEA and a private entity:

(i) The JFS 01772, “IV-D Contract Cover Letter” (rev. 2/2009);

(ii) The JFS 07015, “Certification of Compliance with Competitive Sealed Bid Requirements” (rev. 2/2009);

(iii) The JFS 07016, “IV-D Contract Security Addendum” (rev. 2/2009);

(iv) The JFS 07018, “IV-D Contract” (rev. 2/2009) and attached document that describes the performance standards;

(v) The resolution of the county commissioners that authorizes the IV-D contract expenditure or the minutes of the county commissioners meeting during which the IV-D contract was authorized, unless the county commissioners have delegated the authority to enter into the IV-D contract to the county department of job and family services (CDJFS). If such delegation of contracting authority has occurred, the CSEA shall submit the certification of available funds in accordance with section 5705.41 of the Revised Code; and

(vi) Any other documents as requested by OCS.

(b) For a IV-D contract between the CSEA and a governmental entity:

(i) The JFS 01772;

(ii) The JFS 07016;

(iii) The JFS 07018 and attached document that describes the performance standards;

(iv) The JFS 07020, “Governmental Contractor IV-D Contract Budget” (rev. 2/2009);

(v) The summary page from the county’s cost allocation plan, if indirect costs are included in the calculation of the budget;

(vi) The resolution of the county commissioners that authorizes the IV-D contract expenditure or the minutes of the county commissioners meeting during which the IV-D contract was authorized, unless the county commissioners have delegated the authority to enter into the IV-D contract to the CDJFS. If such delegation of contracting authority has occurred, the CSEA shall submit the certification of available funds in accordance with section 5705.41 of the Revised Code; and

(vii) Any other documents as requested by OCS.

(c) For a IV-D contract amendment between the CSEA and a private entity:

(i) The JFS 01772;

(ii) The JFS 07037, “IV-D Contract Amendment” (rev. 2/2009) and attached document that describes the amended performance standards, if applicable;

(iii) The resolution of the county commissioners that authorizes the IV-D contract expenditure or the minutes of the county commissioners meeting during which the IV-D contract was authorized, unless the county commissioners have delegated the authority to enter into the IV-D contract to the CDJFS. If such delegation of contracting authority has occurred, the CSEA shall submit the certification of available funds in accordance with section 5705.41 of the Revised Code; and

(iv) Any other documents, as requested by OCS.

(d) For a IV-D contract amendment between the CSEA and a governmental entity:

(i) The JFS 01772;

(ii) The JFS 07037 and attached document that describes the amended performance standards, if applicable;

(iii) The JFS 07020;

(iv) The resolution of the county commissioners that authorizes the IV-D contract expenditure or the minutes of the county commissioners meeting during which the IV-D contract was authorized, unless the county commissioners have delegated the authority to enter into the IV-D contract to the CDJFS. If such delegation of contracting authority has occurred, the CSEA shall submit the certification of available funds in accordance with section 5705.41 of the Revised Code; and

(v) Any other documents, as requested by OCS.

(B) Submission timeframe.

In order to ensure that the CSEA will have sufficient time to make any necessary corrections to the IV-D contract or IV-D contract amendment and be eligible to receive federal financial participation (FFP) reimbursement for the entire IV-D contract period, OCS recommends that the CSEA submit the IV-D contract or IV-D contract amendment to OCS no later than the last day of the first month of the calendar quarter for which the CSEA expects to receive FFP reimbursement.

(C) OCS review and acceptance of a IV-D contract or IV-D contract amendment.

(1) OCS shall conduct a review of a IV-D contract or IV-D contract amendment and all IV-D contract documents that shall not exceed thirty days from the receipt of the IV-D contract or IV-D contract amendment. OCS shall then make a determination of whether the IV-D contract or IV-D contract amendment appears to be valid and acceptable for purposes of FFP reimbursement in accordance with the following standards:

(a) Each IV-D contract cost appears to meet the definitions of “allowable cost” and “reasonable cost,” as defined in paragraph (B) of rule 5101:12-1-80 of the Administrative Code.

(b) Each IV-D contract cost appears to be eligible for FFP reimbursement, in accordance with rules 5101:12-1-60 and 5101:12-1-60.1 of the Administrative Code.

(c) The unit of service appears to be eligible for FFP reimbursement, in accordance with rules 5101:12-1-60 and 5101:12-1-60.1 of the Administrative Code.

(d) The IV-D contract or IV-D contract amendment appears to comply with all applicable state and federal requirements.

(2) When OCS determines that a IV-D contract or IV-D contract amendment appears to be valid and acceptable for purposes of FFP reimbursement, OCS shall issue a IV-D contract acceptance letter to the CSEA.

(3) OCS shall not accept a IV-D contract or IV-D contract amendment when:

(a) The IV-D contract or IV-D contract amendment does not appear to be valid or acceptable for purposes of FFP reimbursement, in accordance with the standards described in paragraph (C)(1) of this rule.

(b) The CSEA or contractor have added text other than the required information in the insertable fields contained in any of the IV-D contract documents, or modified the IV-D contract documents, whether to the face of or as an addenda to the IV-D contract document, without the agreement of both parties to the IV-D contract and without the approval from OCS for the modifications.

OCS shall notify the CSEA when OCS determines that a IV-D contract or IV-D contract amendment does not appear to be valid and acceptable for purposes of FFP reimbursement. The CSEA may make any necessary corrections or submit to OCS a new IV-D contract or IV-D contract amendment, if appropriate.

(4) The OCS review is not intended to constitute an audit of the IV-D contract or IV-D contract amendment. The OCS review shall not replace any review or audit that may be conducted by the Ohio department of job and family services, or any other federal, state, or local entity.

Replaces: Part of 5101:12-10-45.2, Part of 5101:12-10-45.4, Part of 5101:12-10-45.5

Effective: 02/15/2009

R.C. 119.032 review dates: 02/01/2014

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3125.12, 3125.13, 3125.14, 3125.17

Prior Effective Dates: 8/1/75, 8/1/82, 7/1/87 (Emer), 7/1/87, 8/3/87, 12/1/87 (Emer), 12/1/87, 2/29/88, 11/27/89 (Emer), 2/1/90, 2/19/90, 4/10/92, 7/15/92, 11/1/93, 7/1/96, 2/1/97, 7/1/02, 1/1/04, 12/2/04, 2/16/06

(A) Time study for a IV-D contract with a court for magistrate services.

(1) The time study is used to calculate the IV-D multiplier and identify the average length of time needed to:

(a) Produce a court order, which must include the time spent preparing for and conducting a court hearing; or

(b) Conduct a court hearing.

The IV-D multiplier is a comparison of the average amount of time spent on activities that are reimbursable under the IV-D contract to the average amount of time spent on all recorded activities. The IV-D multiplier is also used to calculate the justified unit rate. The justified unit rate is used to determine the actual IV-D contract cost for invoicing purposes each month.

(2) A time study is required when the IV-D contract is with a court for magistrate services and all of the following conditions are met:

(a) The unit of service is defined as a court order or a court hearing;

(b) The IV-D contract is for child support enforcement agency (CSEA) initiated activities or both CSEA initiated activities and non-CSEA initiated activities; and

(c) The court docket includes activities that are reimbursable and not reimbursable under the IV-D contract.

(3) The time study shall be conducted:

(a) At least one time per year; and

(b) During a twelve-month period of time before the signature date on the IV-D contract; and

(c) For a total of four weeks during any calendar year. The four weeks can be:

(i) Four consecutive weeks;

(ii) One week per quarter; or

(iii) Two consecutive weeks at two different intervals.

(4) Each magistrate who performs activities under the IV-D contract shall complete one JFS 02015, “IV-D Contract Time Study” (rev. 2/2009) for each day of the time study.

(5) The contractor shall submit to the CSEA all of the JFS 02015s upon completion of all of the time studies.

(6) The CSEA shall review each JFS 02015 and work with the contractor to resolve any discrepancies in accuracy or completeness, if any. The CSEA shall maintain documentation of the review of the JFS 02015s, the results of the review, and how any identified discrepancies were resolved.

(B) Time sheet and exception reporting.

(1) For purposes of completing a time sheet or exception report, the following definitions apply:

(a) “Dedicated principal staff” means principal staff, as listed on the JFS 07020, “Governmental Contractor IV-D Contract Budget” (rev. 2/2009), who work one hundred per cent of the time on activities that are reimbursable under the IV-D contract.

(b) “Non-dedicated principal staff” means principal staff, as listed on the JFS 07020, who work less than one hundred per cent of the time on activities that are reimbursable under the IV-D contract.

(2) Time sheet requirement for a IV-D contract with a private entity.

(a) When the unit of service is defined as an hour, the contractor shall record the time spent each month on activities that are reimbursable under the IV-D contract on a time sheet that contains the following data elements and is signed by the contractor;

(b) Date;

(c) Description of activity;

(d) Time activity began;

(e) Time activity ended;

(f) Case number;

(g) Support enforcement tracking system (SETS) case number, if available; and

(h) Contractor’s signature.

(3) Time sheet requirement for a IV-D contract with a governmental entity with non-dedicated principal staff.

When the unit of service is defined as an hour:

(a) The contractor shall record and certify on the JFS 01728, “Daily Time Sheet for Non-Dedicated Principal Staff” (2/2009) the time spent each day on both activities that are reimbursable and not reimbursable under the IV-D contract.

(b) The CSEA has the option to require the contractor to record and certify on the JFS 01729, “Monthly Time Sheet Summary for Non-Dedicated Principal Staff” (2/2009) the time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract. If the CSEA requires the contractor to record time on the JFS 01729, the CSEA shall include this requirement in the performance standards of the IV-D contract.

(c) The CSEA has the option to require the contractor to record on the JFS 01731, “Monthly Time Summary for Governmental Contractor” (2/2009) the time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract for each principal staff who completed a JFS 01728 for the month. If the CSEA requires the contractor to record time on the JFS 01731, the CSEA shall include this requirement in the performance standards of the IV-D contract.

(4) Exception report requirement for a IV-D contract with a governmental entity with dedicated principal staff.

When the unit of service is defined as an hour:

(a) The principal staff as listed on the JFS 07020 shall record and certify on the JFS 01730, “Dedicated Principal Staff Exception Report” (2/2009) the dates and time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract; and

(b) The CSEA has the option to require the contractor to record on the JFS 01731 the time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract for each principal staff who completed a JFS 01730 for the month. If the CSEA requires the contractor to record time on the JFS 01731, the CSEA shall include this requirement in the performance standards of the IV-D contract.

(C) Invoicing.

(1) Invoicing for a IV-D contract with a governmental entity.

(a) The contractor shall record the contractor’s actual monthly costs on the JFS 07034, “Governmental Contractor Monthly Expense Report” (rev. 2/2009) to identify the justified unit rate. The contractor shall submit the JFS 07034 to the CSEA within thirty days of the last day of the month in which services were performed.

(b) The CSEA shall complete and submit to the office of child support (OCS) the JFS 07034 in the electronic spreadsheet format that is posted to the Ohio department of job and family services (ODJFS) innerweb within forty-five days of the last day of the month in which services were performed.

(c) The contractor shall complete and submit to the CSEA the JFS 07035, “IV-D Contract Invoice” (rev. 2/2009) no later than thirty days after the last day of the month in which services were performed.

(d) The contractor shall ensure that the cumulative amount invoiced to the CSEA during the IV-D contract period does not exceed the total IV-D contract cost.

(e) When the unit of service is defined as an hour, the contractor shall multiply the justified unit rate by the actual time spent on activities purchased under the IV-D contract during the month to determine the actual IV-D contract cost for the month.

(f) When the unit of service is not defined as an hour, the contractor shall multiply the justified unit rate by the number of units of service purchased during the month to determine the actual IV-D contract cost for the month.

(2) Invoice payment options for a IV-D contract with a governmental entity.

(a) The CSEA is responsible for paying the actual expenses as determined by the process described in paragraphs (C)(1)(a) to (C)(1)(f) of this rule.

(b) The CSEA may elect to pay the justified unit rate on a monthly basis as reported on the JFS 07034.

(c) The CSEA may elect to pay the unit rate as determined on the JFS 07020 and reconcile actual expenses to budgeted expenses on a quarterly basis. If the CSEA elects to reconcile actual expenses to budgeted expenses on a quarterly basis, the CSEA shall:

(i) Within forty-five days of the end of the calendar quarter, reconcile the actual expenses to the amount paid during the calendar quarter; and

(ii) Annually certify on the JFS 02151, “IV-D Contract Evaluation” (rev. 2/2009) that the monetary reconciliation occurred for each calendar quarter during the IV-D contract period.

(3) Invoicing for a IV-D contract with a private entity.

(a) The contractor shall complete and submit to the CSEA the JFS 07035 no later than thirty days after the last day of the month in which services were performed.

(b) The contractor shall multiply the unit rate by the number of units of service provided during the month to determine the IV-D contract costs for the month.

(c) The contractor shall ensure that the cumulative amount invoiced to the CSEA during the IV-D contract period does not exceed the total IV-D contract cost.

(D) Invoice approval.

(1) Within thirty days of receipt of the JFS 07035, the CSEA shall:

(a) Review the JFS 07035; and,

(b) When the CSEA determines that the JFS 07035 is completed correctly, approve the JFS 07035 for payment.

(2) When the CSEA determines that the JFS 07035 is not completed correctly, the CSEA shall:

(a) Request the contractor amend the JFS 07035; and

(b) Within thirty days of receipt of an amended JFS 07035 that has been completed correctly, approve the amended JFS 07035 for payment.

(E) Monitoring.

(1) The CSEA shall:

(a) Monitor all activities performed under the IV-D contract to ensure that all support enforcement program requirements are met in accordance with the rules in division 5101:12 of the Administrative Code.

(b) Only reimburse the contractor for activities provided to, for, or on behalf of a case that was in open IV-D status at the time of the activity.

(c) Review the JFS 07034 that is submitted by the contractor each month in order to monitor any variation between the unit rate as listed on the JFS 07020 and the justified unit rate as calculated on the JFS 07034.

(d) Ensure that the cumulative amount reimbursed to the contractor does not exceed the total IV-D contract cost as listed on the JFS 07018, “IV-D Contract” (rev. 2/2009) or the JFS 07037, “IV-D Contract Amendment” (rev. 2/2009).

(2) OCS shall:

(a) Review the JFS 07034 within thirty days from the date that OCS receives the JFS 07034 from the CSEA in order to monitor any variation between the unit rate as listed on the JFS 07020 and the justified unit rate as calculated on the JFS 07034.

(b) Ensure that the cumulative amount reimbursed to the contractor does not exceed the total IV-D contract cost as listed on the JFS 07018 or JFS 07037.

(F) Evaluation.

The CSEA shall:

(1) Evaluate a IV-D contract by completing a JFS 02151. The CSEA shall conduct the evaluation any time after the third quarter of the IV-D contract period but no later than ninety days after the conclusion of the IV-D contract period.

(2) Issue a copy of the JFS 02151 to the contractor and OCS within thirty days of completing the JFS 02151.

Replaces: Part of 5101:12-10-45.3, Part of 5101:12-10-45.5, Part of 5101:12-10-45.6

Effective: 02/15/2009

R.C. 119.032 review dates: 02/01/2014

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3125.12, 3125.13, 3125.14, 3125.17

Prior Effective Dates: 8/1/75, 8/1/82, 7/1/87 (Emer), 7/1/87, 8/3/87, 12/1/87 (Emer), 12/1/87, 2/29/88, 11/27/89 (Emer), 2/19/90, 4/10/92, 7/15/92, 11/1/93, 7/1/96, 2/1/97, 7/1/02, 1/1/04, 12/2/04, 2/16/06

(A) The child support enforcement agency (CSEA) and contractor shall retain all IV-D contract records:

(1) For a period of three years after the final payment is made to the contractor and all matters relating to the IV-D contract are concluded; or

(2) In accordance with the county records commission in the county in which the CSEA serves, when the county records commission requires a retention period of more than three years.

(B) IV-D contract records include but are not limited to:

(1) Documents generated as a result of the procurement process, when applicable, including proof of formal advertising and the selection of the contractor;

(2) A list of potential contractors contacted when the total IV-D contract cost is for an amount that is less than twenty-five thousand dollars or, when the county in which the CSEA serves has a contract threshold requirement that is less than twenty-five thousand dollars, the total IV-D contract cost is for an amount that is less than the local contract threshold requirement;

(3) All IV-D contract documents;

(4) Documentation of any attempt to enter into a IV-D contract with the court or law enforcement official;

(5) Any documentation that the sheriff is unable to provide the resources necessary for service of process in a timely manner when the CSEA attempts to enter into a IV-D contract with a sheriff;

(6) Any documentation from the sheriff that the sheriff charges other agencies service of process fees;

(7) Financial records;

(8) Statistical records;

(9) Any documents or correspondence, including electronic correspondence, from the office of child support (OCS) or the federal office of child support enforcement regarding the IV-D contract; and

(10) All other records regarding delivery of services under the IV-D contract.

(C) When an audit, litigation, or other action involving the IV-D contract is started before the end of the retention period, the CSEA and contractor shall retain the IV-D contract records until all issues are resolved.

(D) The CSEA and contractor shall make the IV-D contract records available to any authorized governmental representative during reasonable times. A governmental representative includes but is not limited to a representative from the:

(1) United States department of health and human services;

(2) Comptroller general of the United States;

(3) State of Ohio;

(4) County auditor; and

(5) CSEA.

(E) The CSEA shall obtain approval from the county records commission before destroying the IV-D contract records.

Replaces: 5101:12-10-45.7

Effective: 02/15/2009

R.C. 119.032 review dates: 02/01/2014

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3125.12, 3125.13, 3125.14, 3125.17

Prior Effective Dates: 8/1/75, 8/1/82, 7/1/87 (Emer), 7/1/87, 8/3/87, 12/1/87 (Emer), 12/1/87, 2/29/88, 11/27/89 (Emer), 2/19/90, 4/10/92, 7/15/92, 11/1/93, 7/1/96, 2/1/97, 7/1/02, 1/1/04, 12/2/04

(A) The Ohio department of job and family services (ODJFS) may enter into a contract with a laboratory that performs legally and medically acceptable genetic testing (hereinafter referred to as “contractor”) to perform genetic testing in IV-D cases.

ODJFS shall provide a list of laboratories that perform legally and medically acceptable genetic testing upon the request of a court, law enforcement official, child support enforcement agency (CSEA), or a member of the public.

(B) A CSEA may participate in the statewide genetic testing contract (hereinafter referred to as “contract”) by contacting the contractor to initiate services. Participation in the contract does not preclude the CSEA from contracting with another laboratory to perform genetic testing.

(C) ODJFS shall pay the cost of genetic testing performed under the contract when the cost of genetic testing for the case is eligible for federal financial participation (FFP) and:

(1) There is not a final and enforceable determination of paternity, as described in paragraph (A)(6) of rule 5101:12-40-05 of the Administrative Code;

(2) A JFS 07038, “Acknowledgment of Paternity Affidavit” (rev. 12/2006), was signed by the mother and father and an action was filed to rescind the JFS 07038 within sixty days of the signing of the JFS 07038, in accordance with paragraph (A)(1) of rule 5101:12-40-17 of the Administrative Code; or

(3) There is a final and enforceable determination of paternity and:

(a) An action was brought, pursuant to section 3111.28 of the Revised Code, by a man presumed to be the father of the child who did not sign the JFS 07038, either person who signed the JFS 07038, or a guardian or legal custodian of the child no later than one year after a JFS 07038 becomes final to rescind the JFS 07038 and the CSEA receives a court order to conduct genetic testing;

(b) A court has ordered the CSEA to conduct genetic testing as a result of one of the parties filing a motion under rule 60(B) of the Rules of Civil Procedure; or

(c) A person has filed a motion for relief from a determination of paternity or a support order in accordance with section 3119.961 of the Revised Code and:

(i) The CSEA has intervened in the action in order to defend the original paternity determination or the child support order; or

(ii) The CSEA receives a court order to conduct genetic testing.

(D) Invoice procedures.

(1) Each month, the contractor is required to submit an invoice to each CSEA for whom the contractor completed genetic testing or conducted partial testing. “Completed genetic testing” means the contractor issued genetic testing results on a case. “Partial testing” means the contractor could not complete genetic testing for a case because genetic testing samples for all the necessary parties were not received by the laboratory.

(2) Within five business days of receipt of the invoice, the CSEA shall review, sign, and mail or electronically transmit a facsimile of the invoice, along with any attachments, to the contractor.

(3) When there is a discrepancy on the invoice, the CSEA shall note the discrepancy and any necessary adjustment to the total amount billed on the invoice. A discrepancy exists when:

(a) The cost of completed genetic testing or partial testing was included on the invoice on a case that did not meet the requirements described in paragraph (C) of this rule; or

(b) Completed genetic testing was approved for payment in a previous invoice.

A CSEA that fails three times within the contract period to return the invoice to the contractor within five business days of receipt may be removed from participation in the contract for the remainder of the contract period. ODJFS shall notify the CSEA thirty days in advance of such removal.

(4) The contractor shall submit a final invoice and copies of approved or adjusted invoices and any attachments received from the CSEA to ODJFS.

(5) ODJFS shall pay the final invoice amount.

(E) The CSEA shall be responsible for paying for completed genetic testing or partial testing that was performed at the CSEA’s request and did not meet the requirements described in paragraph (C) of this rule.

(F) When reimbursement is received for genetic testing costs that were paid or will be paid by ODJFS, the CSEA shall ensure that the collection is disbursed to ODJFS. A CSEA that fails to ensure the proper disbursement of such collection may be removed from participation in the statewide genetic testing contract for the remainder of the contract period. ODJFS shall notify the CSEA thirty days in advance of such removal.

When reimbursement is received for genetic testing costs for which the CSEA paid the local share on or after October 1, 2006, the CSEA may recover the local share. In order to recover the local share the CSEA shall track such collections and report the collections to ODJFS on a monthly basis in the format designated by ODJFS. ODJFS shall make the appropriate financial adjustments.

(G) When a CSEA has been prohibited from participating in the contract, the CSEA shall secure a local genetic testing contract.

Replaces: 5101:1-31-26, Part of 5101:1-30-29

Effective: 12/15/2006

R.C. 119.032 review dates: 12/01/2011

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3111.45, 3125.03

Prior Effective Dates: 8/1/82, 8/1/90, 7/15/92, 6/1/93, 7/1/93 (Emer), 9/1/93, 9/27/93, 7/1/95, 1/1/97, 10/30/97, 1/1/98, 7/1/02, 4/18/03

Rescinded eff 11-1-08