(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
(E) The CSEA shall obtain approval from the county records commission before destroying the IV-D contract records.
Replaces: 5101:12-10- 45.7
119.032 review dates:
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, 2/15/09