5101:12-10-01.1 IV-D application and IV-D referral.

(A) IV-D application.

(1) The child support enforcement agency (CSEA) shall make IV-D applications readily accessible to the public. The CSEA shall provide a IV-D application to an individual requesting services on the day the individual makes a request in person or send a IV-D application to the individual within five working days of a written or telephone request.

The CSEA shall not require an individual who is a recipient of IV-D services in another state to sign a IV-D application. The CSEA shall not require an individual for whom it has received a IV-D referral to sign a IV-D application unless, after receipt of the IV-D referral, IV-D services were terminated in accordance with rule 5101:12-10-70 of the Administrative Code.

(2) The IV-D application may be filed by an applicant who is not receiving Ohio works first (OWF), medicaid, or Title IV-E foster care maintenance (FCM) benefits and for whom one of the following conditions applies:

(a) The applicant resides in the same county as the CSEA;

(b) The applicant is either the obligee or obligor in a support order for which the CSEA has administrative responsibility; or

(c) The applicant resides in a state other than Ohio or in a foreign country and is not a recipient of IV-D services in his or her state or country of residence.

(3) The CSEA shall charge a one dollar IV-D application fee when an individual files a IV-D application. The CSEA may require the applicant to pay the IV-D application fee or may absorb the IV-D application fee.

(4) The CSEA shall accept a completed and signed IV-D application as filed on the day the IV-D application was received by the CSEA and the application fee was received or absorbed by the CSEA.

(5) When IV-D services were previously terminated, the individual must file a new IV-D application and be charged an application fee unless:

(a) The CSEA receives a IV-D referral; or

(b) The CSEA is required to reopen the IV-D case for administrative reasons.

(B) A IV-D referral may be received from:

(1) A county department of job and family services (CDJFS) as a result of an application for OWF or medicaid benefits;

(2) A Title IV-E agency that resulted from a determination of eligibility for FCM benefits; or

(3) The Ohio interstate central registry as a result of the receipt of a Uniform Interstate Family Support Act interstate petition in accordance with 42 U.S.C. 666(f) (12/14/1999) for a IV-D case.

When IV-D services were previously terminated and the CSEA receives a new IV-D referral from a CDJFS, medicaid, or Title IV-E agency, the CSEA shall conduct a thorough investigation, which may include a face-to-face interview, phone contact with the recipient of services, or other form of investigation, within the twenty day time frame. If the facts underlying the termination of IV-D services have not changed and are documented in the case record and no new information is available to help provide IV-D services, then the case does not need to be reopened.

(C) The CSEA shall approve a completed and signed IV-D application or a IV-D referral for IV-D services unless the IV-D application or IV-D referral meets a denial criteria described in paragraph (D) of this rule. The CSEA shall provide all appropriate support enforcement program services to a case in which IV-D services were denied.

(D) The CSEA shall deny IV-D services to a IV-D application or a IV-D referral when:

(1) The non-custodial parent is seeking to locate a child;

(2) The parent who has been granted custody of a child is seeking to locate and recover that child who may have been removed by the non-custodial parent (in this circumstance the CSEA should refer to rule 5101:12-20-10 of the Administrative Code concerning location services for parental kidnapping and child custody cases);

(3) An adult child is seeking to locate a parent;

(4) A child is attempting to reunite with a sibling;

(5) The applicant is requesting reimbursement for medical costs that have not been reduced to a dollar amount in a court order;

(6) The applicant requests services that are not available from the CSEA (in this circumstance, the CSEA is responsible for determining, based on the facts and circumstances of the application, whether the requested service is or is not available);

(7) The referral is for a pregnant woman with no other child;

(8) The case has already been approved for IV-D services; or

(9) The child has attained the age of majority unless:

(a) The child is attending an accredited high school on a full-time basis and has not attained the age of nineteen;

(b) A court order has made special provisions that would extend the duty of support beyond the child's minority;

(c) IV-D services are requested to establish paternity and the child has not attained the age of twenty-three; or

(d) IV-D services are requested to collect arrears.

Effective: 03/01/2012
R.C. 119.032 review dates: 11/28/2011 and 12/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 3125.11 , 3125.36 , 3125.37
Prior Effective Dates: 9/1/76, 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, 8/1/90, 4/1/90, 10/1/90, 4/1/91, 11/1/91, 4/1/92, 8/1/92, 7/1/96, 10/1/96, 12/30/97, 1/1/98, 2/22/02, 7/1/02, 4/18/03, 6/15/06