5101:12-1-25 Record retention, disposal, and destruction of fiscal, statistical, and administrative records.

(A) The child support enforcement agency (CSEA) shall follow the procedures of retention, disposal, and destruction of records described in section 149.38 of the Revised Code, and rule 5101:9-9-21 of the Administrative Code.

(B) Pursuant to 45 C.F.R. sections 92.42 (effective 3/11/1998) and 302.15 (effective 12/20/1996), the CSEA shall retain all fiscal and statistical records and their supporting documents that are required to be maintained under the Title IV-D program, or otherwise reasonably considered as pertinent to the requirements of the Title IV-D program. These records shall be retained:

(1) For a minimum of three years from the end of the fiscal year to which the records are applicable; 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 more than three years.

(C) Pursuant to 45 C.F.R. sections 92.42 (effective 3/11/1998) and 302.15 (effective 12/20/1996), the CSEA shall retain case records that are required to be maintained under the Title IV-D program, or otherwise reasonably considered as pertinent to the requirements of the Title IV-D program. Case records include any records described in rule 5101:12-10-05 of the Administrative Code. Case records for a case in which program services have been terminated shall be retained:

(1) For a minimum of three years; or

(2) For a longer period as determined by the county records commission.

When a balance exists on a case in which program services have been terminated and the records retention period described in this rule has run, the case records must be retained until the balance has been paid.

(D) Pursuant to 45 C.F.R. section 92.42 and section 9.01 of the Revised Code, copies made by microfilming, photocopying, digital imaging or similar methods may be substituted for the original records.

Replaces: 5101:12-1-25 and 5101:12-10-35

Effective: 07/01/2010
R.C. 119.032 review dates: 07/01/2015
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, 9/1/88, 12/20/88,
6/9/89, 10/1/90, 11/1/91, 4/1/92, 1/1/93, 10/1/99, 2/22/02, 1/1/05, 6/15/06