5101:12-10-03 Administrative responsibility.

(A) This rule describes which child support enforcement agency (CSEA) has administrative responsibility for a case. The CSEA with administrative responsibility shall provide all support enforcement program services.

(B) Administrative responsibility for the determination of the existence or non-existence of a father and child relationship.

(1) When an interstate request to determine the existence or non-existence of a father and child relationship is received by the office of child support (OCS), the CSEA in the county in which the respondent resides has administrative responsibility.

(a) When the CSEA has successfully completed service of process on the respondent and the respondent moves to another Ohio county, the CSEA retains administrative responsibility.

(b) When the CSEA has not successfully completed service of process on the respondent and the respondent moves to another Ohio county, the CSEA in the county in which the respondent resides has administrative responsibility.

(2) When an action to determine the existence or non-existence of a father and child relationship is pending before a court, the CSEA in the same county as the court has administrative responsibility.

(a) When the court dismisses the action without issuing a paternity determination, the CSEA in the county in which the child or the legal guardian or custodian of the child resides has administrative responsibility.

(b) When the court relinquishes or transfers jurisdiction to a court in another Ohio county and the court in the other county has accepted jurisdiction, the CSEA in the other county has administrative responsibility.

(c) When the court relinquishes or transfers jurisdiction to a court in another Ohio county and the court in the other county does not accept jurisdiction, the CSEA retains administrative responsibility.

(3) When there is not a pending action to determine the existence or non-existence of a father and child relationship before a court, the CSEA in the county in which the child or the child's guardian or legal custodian resides has administrative responsibility.

When the child or the child's guardian or legal custodian moves to another Ohio county and the CSEA:

(a) Has successfully completed service of process on the alleged father and the mother of the child, the CSEA retains administrative responsibility.

(b) Has not successfully completed service of process on the alleged father and the mother of the child, the CSEA in the county in which the child or the child's guardian or legal custodian resides has administrative responsibility.

(c) Is preparing an interstate petition and the applicant for services has completed and submitted all documents necessary for the interstate petition, the CSEA retains administrative responsibility.

(d) Is unable to issue an interstate petition because the location of the respondent is unknown, the CSEA in the county in which the child or the child's guardian or legal custodian resides has administrative responsibility.

(e) Is preparing an interstate petition and the applicant for services has not completed and submitted all documents necessary for the interstate petition, the CSEA in the county in which the applicant for services resides has administrative responsibility.

(f) Sent an interstate petition to another state or country, the CSEA retains administrative responsibility.

(g) Sent an interstate petition to another state or country, the CSEA in the county in which the applicant for services resides has administrative responsibility when:

(i) The other state or country dismisses or rejects the interstate petition; or

(ii) The respondent has moved to a third state or country and the CSEA does not elect to have the interstate petition transferred to the third state or country.

(C) Administrative responsibility for the establishment of a child support order, including medical support provisions.

(1) When an interstate request to establish a child support order is received by OCS, the CSEA in the county in which the respondent resides has administrative responsibility.

(a) When the CSEA has successfully completed service of process on the respondent and the respondent moves to another Ohio county, the CSEA retains administrative responsibility.

(b) When the CSEA has not successfully completed service of process on the respondent and the respondent moves to another Ohio county, the CSEA in the county in which the respondent resides has administrative responsibility.

(2) When an action to establish a child support order is pending before a court, the CSEA in the same county as the court has administrative responsibility.

(a) When the court dismisses the action without issuing a child support order, the CSEA in the county in which the parent, guardian, or custodian of the child resides or the person with whom the child resides has administrative responsibility.

(b) When the court relinquishes or transfers jurisdiction to a court in another Ohio county and the other court accepts jurisdiction, the CSEA in the other county has administrative responsibility.

(c) When the court relinquishes or transfers jurisdiction to a court in the same county and the other court does not accept jurisdiction, the CSEA retains administrative responsibility.

(d) When the court relinquishes or transfers jurisdiction to a court in another Ohio county and the other court does not accept jurisdiction, the CSEA retains administrative responsibility.

(3) When a juvenile court has jurisdiction over a child, the CSEA in the same county as the juvenile court has administrative responsibility.

(a) When the juvenile court dismisses the action without issuing a child support order, the CSEA in the county in which the parent, guardian, or custodian of the child resides or the person with whom the child resides has administrative responsibility.

(b) When the juvenile court relinquishes or transfers jurisdiction to a court in another Ohio county and the other court accepts jurisdiction, the CSEA in the other county has administrative responsibility.

(c) When the juvenile court relinquishes or transfers jurisdiction to a court in the same county and the other court accepts jurisdiction, the CSEA retains administrative responsibility.

(d) When the juvenile court relinquishes or transfers jurisdiction to a court in another Ohio county and the other court does not accept jurisdiction, the CSEA retains administrative responsibility.

(e) If the juvenile court that has jurisdiction over a child subsequently determines that it does not have jurisdiction to establish a child support order, the CSEA in the county in which the parent, guardian, or custodian of a child resides or the person with whom a child resides has administrative responsibility.

(4) When a child support order had been issued for the same parties and child but is now terminated or dismissed and no balances are owed, then the CSEA in the county in which the parent, guardian, or custodian of a child resides or the person with whom a child resides has administrative responsibility.

(5) When a child support order had been issued for the same parties and child and is now terminated but balances are still owed, the CSEA in the county in which the support order was issued retains administrative responsibility.

(6) When the CSEA brings an action to establish a child support order before the court and the court subsequently determines that it does not have jurisdiction to establish a child support order, the CSEA in the county in which the parent, guardian, or custodian of a child resides or the person with whom a child resides has administrative responsibility.

(7) When a child support order has never been issued and the duty of support is based on a final and enforceable determination of paternity or a presumption of paternity other than a JFS 07038, "Acknowledgment of Paternity Affidavit" (rev. 12/2006), the CSEA in the county in which the parent, guardian, or custodian of a child resides or the person with whom a child resides has administrative responsibility.

(a) When the applicant for services moves to another Ohio county and the CSEA:

(i) Has successfully completed service of process on the parties, the CSEA retains administrative responsibility.

(ii) Has not successfully completed service of process on the parties, the CSEA in the county in which the parent, guardian, or custodian of a child resides or the person with whom a child resides has moved has administrative responsibility.

(iii) Is preparing an interstate petition and the applicant for services has completed and submitted all documents necessary for the interstate petition, the CSEA retains administrative responsibility.

(iv) Is unable to issue an interstate petition because the location of the respondent is unknown, the CSEA in the county in which the child or the child's guardian or legal custodian resides has administrative responsibility.

(v) Is preparing an interstate petition and the applicant for services has not completed and submitted all documents necessary for the interstate petition, the CSEA in the county in which the applicant for services resides has administrative responsibility.

(vi) Sent an interstate petition to another state or country, the CSEA retains administrative responsibility.

(vii) Sent an interstate petition to another state or country, the CSEA in the county in which the applicant for services resides has administrative responsibility when:

(a) The other state or country dismisses or rejects the interstate petition; or

(b) The respondent has moved to a third state or country and the CSEA does not elect to have the interstate petition transferred to the third state or country.

(b) When the CSEA brings an action to establish a child support order before a court and the court subsequently determines that it does not have jurisdiction to establish a child support order, the CSEA in the county in which the parent, guardian, or custodian of a child resides or the person with whom a child resides has administrative responsibility.

(8) When the presumption of paternity is based on a JFS 07038, the CSEA in the county in which the parent who signed the JFS 07038 and is the applicant for services resides has administrative responsibility.

(a) When the applicant for services moves to another Ohio county and the CSEA:

(i) Has successfully completed service of process on the parties, the CSEA retains administrative responsibility.

(ii) Has not successfully completed service of process on the parties, the CSEA in the county in which the applicant for services resides has administrative responsibility.

(iii) Is preparing an interstate petition and the applicant for services has completed and submitted all documents necessary for the interstate petition, the CSEA retains administrative responsibility.

(iv) Is unable to issue an interstate petition because the location of the respondent is unknown, the CSEA in the county in which the child or the child's guardian or legal custodian resides has administrative responsibility.

(v) Is preparing an interstate petition and the applicant for services has not completed and submitted all documents necessary for the interstate petition, the CSEA in the county in which the applicant for services resides has administrative responsibility.

(vi) Sent an interstate petition to another state or country, the CSEA retains administrative responsibility.

(vii) Sent an interstate petition to another state or country, the CSEA in the county in which the applicant for services resides has administrative responsibility when:

(a) The other state or country dismisses or rejects the interstate petition; or

(b) The respondent has moved to a third state or country and the CSEA does not elect to have the interstate petition transferred to the third state or country.

(b) When the CSEA brings an action to establish a child support order before a court and the court subsequently determines that it does not have jurisdiction to establish a child support order, the CSEA in the county in which the parent, guardian, or custodian of a child resides or the person with whom a child resides has administrative responsibility.

(D) Administrative responsibility for the enforcement of a support order or modification of a child support order.

(1) When a request is received by OCS to register a foreign support order for enforcement purposes, the CSEA in the county in which the respondent resides has administrative responsibility.

When the respondent moves to another Ohio county and the CSEA has:

(a) Successfully completed service of process on the respondent, the CSEA retains administrative responsibility.

(b) Not successfully completed service of process on the respondent, the CSEA in the county in which the respondent resides has administrative responsibility.

(2) When a request is received by OCS to register a foreign child support order for modification purposes, the CSEA in the county in which the non-requesting party resides has administrative responsibility.

When the non-requesting party moves to another Ohio county and the CSEA has:

(a) Successfully completed service of process on the non-requesting party, the CSEA retains administrative responsibility.

(b) Not successfully completed service of process on the non-requesting, the CSEA in the county in which the non-requesting party resides has administrative responsibility.

(3) When an interstate request to enforce an Ohio support order or modify an Ohio child support order is received by OCS, the CSEA with administrative responsibility is the CSEA:

(a) In the same county as the court that issued the court support order, when the support order is a court support order.

(b) In the same county as the court that adopted the administrative child support order, when the support order is an administrative child support order that has been adopted by a court.

(c) That issued the administrative child support order, when the support order is an administrative child support order that has not been adopted by a court.

When the respondent moves to another Ohio county, the CSEA retains administrative responsibility.

(4) When an Ohio court has registered a foreign support order or determined that a support order issued in that county is the controlling order, the CSEA in the same county as the court has administrative responsibility.

(a) When the applicant for services moves to another Ohio county, the CSEA retains administrative responsibility.

(b) When the registration of the foreign support order is terminated or dismissed and balances are still owed to the Ohio department of job and family services, the CSEA retains administrative responsibility.

(c) When the Ohio court relinquishes or transfers jurisdiction of the support order or the controlling order to a court in another Ohio county, the CSEA in the same county as the court that jurisdiction was relinquished or transferred to has administrative responsibility.

(d) When the Ohio court relinquishes or transfers jurisdiction of the support order or a controlling order to a court in another Ohio county and the other court does not accept jurisdiction, the CSEA retains administrative responsibility.

(5) When an Ohio court has issued a support order, adopted an administrative child support order, or accepted jurisdiction of a support order from another Ohio court, the CSEA in the same county as the court has administrative responsibility.

(a) When the applicant for services moves to another Ohio county, the CSEA retains administrative responsibility.

(b) When the court support order is terminated and balances are still owed, the CSEA retains administrative responsibility.

(c) When the court relinquishes or transfers jurisdiction of the support order to a court in another Ohio county, the CSEA in the same county as the court that accepted jurisdiction has administrative responsibility.

(d) When the court relinquishes or transfers jurisdiction of the support order to a court in another Ohio county and the other court does not accept jurisdiction, the CSEA retains administrative responsibility.

(6) When a CSEA has issued an administrative child support order, that CSEA has administrative responsibility.

(a) When the applicant for services moves to another Ohio county, the CSEA retains administrative responsibility.

(b) When the administrative child support order is terminated and balances are still owed, the CSEA retains administrative responsibility.

(7) When an applicant for services requests the enforcement of a foreign support order or modification of a foreign child support order, the CSEA in the county in which the applicant for services resides has administrative responsibility. When the applicant for services moves to another Ohio county and the CSEA:

(a) Is preparing an interstate petition and the applicant for services has completed and submitted all documents necessary for the interstate petition, the CSEA retains administrative responsibility.

(b) Is unable to issue an interstate petition because the location of the respondent is unknown, the CSEA in the county in which the child or the child's guardian or legal custodian resides has administrative responsibility.

(c) Is preparing an interstate petition and the applicant for services has not completed and submitted all documents necessary for the interstate petition, the CSEA in the county in which the applicant for services resides has administrative responsibility.

(d) Sent an interstate petition to another state or country, the CSEA retains administrative responsibility.

(e) Sent an interstate petition to another state or country, the CSEA in the county in which the applicant for services resides has administrative responsibility when:

(i) The other state or country dismisses or rejects the interstate petition; or

(ii) The respondent has moved to a third state or country and the CSEA does not elect to have the interstate petition transferred to the third state or country.

(E) Case transfer.

(1) The CSEA that completed case intake or most recently had administrative responsibility shall transfer a case to another CSEA when, in accordance in paragraphs (B), (C), and (D) of this rule, the other CSEA has administrative responsibility

(2) "Case transfer" includes electronically transferring the case in the support enforcement tracking system. "Case transfer" also includes mailing any hard-copy documents contained in the case record that are necessary to provide support enforcement program services to the CSEA with administrative responsibility.

When the CSEA mails hard-copy documents, the CSEA shall include a cover letter that identifies the parties, the reason the hard-copy documents are being mailed, and the name and telephone number of a contact person in the CSEA that mailed the hard-copy documents.

(3) The CSEA shall complete the case transfer within ten days of determining that another CSEA has administrative responsibility for the case.

(F) General principles regarding administrative responsibility.

(1) When administrative responsibility for a case has not been determined or is disputed and a CSEA is willing to accept the administrative responsibility and such acceptance would ensure that state and federal program requirements are met, then that CSEA shall be considered the CSEA with administrative responsibility.

(2) When administrative responsibility for a case is disputed and not addressed by this rule, a CSEA may request OCS to resolve which CSEA has administrative responsibility.

Replaces: 5101:12-10- 30.1

Effective: 09/01/2008
R.C. 119.032 review dates: 09/01/2013
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03
Prior Effective Dates: 11/1/94, 6/2/01, 1/1/05, 1/1/06