5101:12-1-80.2 IV-D contract submission requirements and acceptance process.

(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. 5/2013);

(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. 11/2012) 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.

Effective: 08/15/2013
R.C. 119.032 review dates: 04/26/2013 and 08/01/2018
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, 2/15/09