Chapter 5101:12-70 Interstate Cases

5101:12-70-05 Scope of rule and definitions for interstate case processing.

(A) This rule and its supplemental rules shall govern the procedures for processing interstate cases.

(B) Initiating or responding child support enforcement agencies (CSEAs) as defined in paragraph (D)(5) and (D)(8) of this rule shall process interstate cases in accordance with these rules, federal regulations found at 45 C.F.R. 303.7 effective May 12, 2003, and provisions of the Uniform Interstate Family Support Act (UIFSA) enacted as sections 3115.01 to 3115.59 of the Revised Code. Each state was required to enact UIFSA verbatim by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Pub. L. No. 104-193, 110 Stat. 2105

(1996), 42 U.S.C.666(f) by January 1, 1998. These rules do not apply when a court is acting as the tribunal pursuant to division (X) of section 3115.01 of the Revised Code.

(1) Requirements for initiating and responding CSEAs in interstate cases;

(2) Establishment of paternity in interstate cases;

(3) Establishment of support orders in interstate cases;

(4) Determining the controlling order;

(5) Enforcement of support orders in interstate cases; and

(6) Modification of controlling orders in interstate cases.

(D) The following definitions, as well as those found in section 3115.01 of the Revised Code, apply to this rule and its supplemental rules:

(1) “Child support agency in the initiating [other] state” means a child support agency in a state other than Ohio that is responsible for the processing of an interstate case.

(2) “Child Support Enforcement Network” (CSENet) is an electronic communications network developed by the federal office of child support enforcement (OCSE) that automatically transmits and receives child support information to and from other states. States use standard CSENet transactions to electronically request or report absent parent location, establishment of paternity and child support, enforcement of the support order, and collection activities as well as to transfer interstate case information between states.

(3) “Continuing exclusive jurisdiction” (CEJ) is a tool created by the drafters of UIFSA for use in determining which support order shall be the controlling order as well as in determining the correct jurisdiction in which a controlling order may be modified. A state has CEJ over a valid support order issued in that state at any time either the obligee, obligor or the child resides in that state.

(4) “Controlling order” means the one support order with regard to an obligor, obligee, and child which is entitled to be enforced prospectively, beginning with the date on which the determination of controlling order is made. The controlling order is determined in accordance with rule 5101:12-70-05.4, “Determining the controlling order,” of the Administrative Code and sets the non-modifiable terms for that order.

(5) “Initiating CSEA” means a CSEA acting as the tribunal pursuant to section 3115.05 of the Revised Code for the purpose of initiating child support actions in interstate cases.

(6) “Interstate case” means, for purposes of this rule and its supplemental rules, all of the following:

(a) A case in which the parties live in different states, that is administered as a case in both states, and a UIFSA petition has been sent by a child support agency in an initiating state or CSEA to a child support agency or CSEA in a responding state;

(b) A case in which the parties live in different states, that is administered as a case only in Ohio, and either long arm jurisdiction is being asserted or a support order is being enforced using a direct income withholding notice; and

(7) “Registration” means the act of taking jurisdiction over a support order which was issued by a tribunal of another state for the purpose of enforcement or modification of that order in this state as requested by the initiating state.

(8) “Responding CSEA” means a CSEA acting as the tribunal pursuant to section 3115.05 of the Revised Code for the purpose of responding to requests for child support actions in interstate cases.

(9) “UIFSA petition” means any collection of federally required forms as described in rule 5101:12-70-10, “Forms for interstate case processing,” of the Administrative Code and other required forms and documents as necessary, which is sent by a CSEA in Ohio or an initiating state to a CSEA in Ohio or a responding state for the purpose of requesting child support program activities.

(10) “UIFSA” is the model act developed and adopted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) for the purpose of replacing the Uniform Reciprocal Enforcement of Support Act (URESA) as the standard set of requirements for the processing of interstate cases in the United States. UIFSA has been enacted in Ohio as sections 3115.01 to 3115.59 of the Revised Code.

Replaces: 5101:1-30-50

Effective: 09/01/2005

R.C. 119.032 review dates: 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3115.01, 3125.03

Prior Effective Dates: 1/1/98, 3/1/03

5101:12-70-05.1 Requirements for initiating and responding CSEAs in interstate cases.

(A) This rule describes the specific requirements that an initiating or a responding child support enforcement agency (CSEA) shall follow in the processing of an interstate case.

(B) An initiating CSEA shall:

(1) Notify the child support agency in the responding state of any new information received on a case within ten business days of receipt of that information.

(2) Provide the child support agency in the responding state with any additional information requested or notify the responding child support agency when the information shall be provided within thirty days of receipt of the request.

(3) Send a copy of a notice received from a court or tribunal to an obligee within two business days of receiving it from the court or tribunal.

(4) Send a copy of a written communication from the obligor or the obligor’s attorney to the obligee within two business days of receiving it from the court or tribunal.

(5) Notify the obligee within ten business days if jurisdiction over the obligor cannot be obtained.

(6) Furnish a certified statement by the custodian of the record of the amounts and dates of all payments received to a requesting party or child support agency of another state. Initiating CSEAs may use a stamp on the record to indicate that it is a true and accurate statement of arrears.

(7) Pay the cost of genetic testing when the petition is to determine the existence or non-existence of a father and child relationship and there is not a final and enforceable determination of paternity.

(1) Return the Uniform Interstate Family Support Act (UIFSA) petition to the child support agency in the initiating state or, if directed by the child support agency in the initiating state, send the UIFSA petition to the child support agency in the state where the obligor has been located and notify the Ohio interstate central registry (ICR) where the case has been sent within ten business days of locating the obligor in a different state.

(2) Provide notice to the child support agency in the initiating state within ten business days of the scheduling of any administrative or judicial hearings on a case.

(3) Notify the child support agency in the initiating state of any new information on a case within ten business days of receipt of the information.

(4) Notify the child support agency in the initiating state of the correct Ohio case number whenever an application received from the Ohio ICR is merged into an existing case by the CSEA.

(5) Notify the Ohio ICR within ten business days when a case has been closed.

(6) Enable a court in Ohio or tribunal in another state to obtain jurisdiction over the party that resides in Ohio.

(7) Request the Ohio court with jurisdiction to set a date, time, and place for a hearing, when appropriate.

(8) Make reasonable efforts to obtain all necessary case information.

(9) Provide a statement of the amounts and dates of all payments received, when requested by a case participant or the child support agency of another state. The statement must be certified by the custodian of the records. The CSEA may use a stamp on the record to indicate that it is a true and accurate statement.

(10) Pay the costs of processing interstate cases.

Effective: 08/01/2008

R.C. 119.032 review dates: 04/09/2008 and 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3115.15, 3115.16, 3115.18

Prior Effective Dates: 08/22/88 (Emer), 11/11/88, 01/01/98, 03/01/03, 09/01/05, 01/01/06

5101:12-70-05.2 Establishment of paternity in interstate cases.

(A) This rule describes the responsibility that an initiating or responding child support enforcement agency (CSEA) has to establish paternity in interstate cases. If a determination of paternity has been made pursuant to the laws of another state, that determination must be recognized in Ohio and the issue of paternity may not be re-litigated or used as a defense to an action brought pursuant to these rules.

(B) Paternity may be established either by using long arm jurisdiction or by sending a Uniform Interstate Family Support Act (UIFSA) petition which requests the establishment of paternity from the initiating CSEA to an interstate central registry (ICR) in a responding state. Long arm jurisdiction may exist over a party living outside the state of Ohio if one or more conditions described in section 3115.03 of the Revised Code apply.

(C) The initiating CSEA shall determine whether long arm jurisdiction shall be used to establish paternity. Federal regulations at 45 C.F.R. 303.7(b)(1), effective May 12, 2003, require that long arm jurisdiction be used for the establishment of paternity whenever appropriate. Therefore an initiating CSEA and its legal staff should carefully consider the facts of a case to determine whether one of the conditions described in section 3115.03 of the Revised Code exist.

(D) An initiating CSEA has the following responsibilities:

(1) If it determines that long arm jurisdiction exists, it shall establish paternity pursuant to rule 5101:12-40-10, “Presumption of paternity,” of the Administrative Code and shall not send a UIFSA petition to the state where the other party resides. It may also use OMB 0970-0085 “Transmittal #3 -Request for assistance/discovery” to request assistance with service of process or genetic testing from the child support agency in the responding state, if necessary; or

(2) If it determines that long arm jurisdiction does not exist or would be inappropriate, it shall prepare and send a UIFSA petition to the ICR in the state where the other party resides within twenty days of determining that the other party resides in a state other than Ohio.

(E) A responding CSEA has the following responsibilities:

(1) Immediately upon receipt from the Ohio ICR of a UIFSA petition which requests the establishment of paternity, verify the residence address of the party who resides in Ohio and, if necessary, transfer the UIFSA petition to the responding CSEA with administrative responsibility for the case.

(2) The responding CSEA that has administrative responsibility for the case shall take the following actions within seventy-five days of receipt of the UIFSA petition:

(a) Notify the child support agency in the initiating state of any additional information which is needed to proceed with the case; and

(b) Process the case to the extent possible pending receipt of the additional information needed from the child support agency in the initiating state; and

(c) Complete the case intake process in the Ohio case registry, support enforcement tracking system (SETS), using information from the UIFSA petition and any information received from the child support enforcement network (CSENet) transaction; and

(3) Establish paternity pursuant to rule 5101:12-40-10, “Presumption of paternity,” of the Administrative Code.

Replaces: Part of 5101:1-30-50.1, 5101:1-30-51, 5101:1-30-52, 5101:1-30-53

Effective: 09/01/2005

R.C. 119.032 review dates: 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3115.03, 3115.05, 3115.15, 3115.16, 3125.03

Prior Effective Dates: 1/1/98, 3/1/03

5101:12-70-05.3 Establishment of support orders in interstate cases.

(A) This rule describes the responsibility that an initiating or responding child support enforcement agency (CSEA) has to establish support in interstate cases. A request to establish a support order may be received as a separate request or as part of a request to establish paternity and support.

(B) Support may be established either by using long arm jurisdiction or by sending a Uniform Interstate Family Support Act (UIFSA) petition which requests the establishment of a support order from an initiating CSEA to an interstate central registry (ICR) in a responding state. Long arm jurisdiction may exist over a party living outside the state of Ohio if one or more conditions apply as described in section 3115.03 of the Revised Code.

(C) The initiating CSEA shall determine whether long arm jurisdiction shall be used to establish a support order. An initiating CSEA and its legal staff should carefully consider the facts of a case to determine whether one of the conditions described in section 3115.03 of the Revised Code exists.

(D) An initiating CSEA has the following responsibilities:

(1) If it determines that long arm jurisdiction exists and is appropriate, it shall establish a support order pursuant to rule 5101:12-45-05, “Support order establishment process,” of the Administrative Code and shall not send a UIFSA petition to the state where the obligor lives. It may also use OMB 0970-0085 “Transmittal #3 -Request for assistance/discovery,” to request assistance from the child support agency in the responding state with service of process if necessary.

(2) If it determines that long arm jurisdiction does not exist or would be inappropriate, it shall prepare and send a UIFSA petition to the ICR in the state where the obligor resides within twenty days of determining that the obligor resides in a state other than Ohio.

(E) A responding CSEA has the following responsibilities:

(1) Immediately upon receipt from the Ohio ICR of a UIFSA petition which requests the establishment of a support order, verify the residence address of the other party and, if necessary, transfer the UIFSA petition to the responding CSEA with administrative responsibility for the case.

(2) The responding CSEA that has administrative responsibility for the case shall take the following actions within seventy-five days of receipt of the UIFSA petition:

(a) Notify the child support agency in the initiating state of any additional information which is needed to proceed with the case;

(b) Process the case to the extent possible pending receipt of the additional information needed from the child support agency in the initiating state; and

(3) Establish a support order pursuant to rule 5101:12-45-05, “Support order establishment process,” of the Administrative Code.

Replaces: Part of 5101:1-30-50.1, 5101:1-30-51, 5101:1-30-53

Effective: 09/01/2005

R.C. 119.032 review dates: 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3115.03, 3115.05, 3115.15, 3115.16, 3125.03

Prior Effective Dates: 1/1/98, 3/1/03

5101:12-70-05.4 Determining the controlling order.

(A) The Uniform Interstate Family Support Act (UIFSA) requires that only one order may exist for the purpose of enforcing a support obligation prospectively, beginning with the date on which the determination of controlling order is made. After a controlling order is determined, it becomes the only order which may be prospectively enforced and sets the non-modifiable terms. Non-modifiable terms of a controlling order include the duration of the order and the dates of the emancipation of the child. A controlling order may not be determined more than once.

(B) A court with personal jurisdiction over both the obligee and obligor may make a controlling order determination prior to any enforcement action or any action to modify a support order. A controlling order determination is required as long as the youngest child in the order has not been emancipated under the laws of the state in which the controlling order determination will be made If the children in the order have become emancipated without a controlling order being determined, a controlling order determination is no longer possible and any support orders which were valid prior to the emancipation of the youngest child in the order remain valid and enforceable after the emancipation of the youngest child occurs.

(C) If only one valid support order is found to exist it is strongly recommended, but not required, that a child support enforcement agency (CSEA) recommend to the court that the one valid order be determined the controlling order.

(D) A valid support order for purposes of this rule includes but is not limited to:

(1) A judicial or administrative support order established pursuant to the jurisdiction of Ohio or any other state which appears to be valid on its face; or

(2) A judicial or administrative support order established pursuant to UIFSA, Uniform Reciprocal Enforcement of Support Act (URESA), or Revised Uniform Reciprocal Enforcement of Support Act (RURESA), which appears valid on its face.

(E) The initiating or responding CSEA shall take the following actions:

(1) Identify all existing support orders;

(2) Obtain certified copies of each order along with all payment records and arrearage calculations for each order;

(3) Examine each order to verify that it contains a child support order provision and appears valid on its face;

(4) Verify the current residential state of the obligee, obligor, and child to which the order applies;

(5) Verify the residential address of the child for the six month period prior to the date on which the action is taken;

(6) Determine which of the states with valid support orders have continuing exclusive jurisdiction (CEJ). A state has CEJ over a valid support order issued in that state at any time either the obligee, obligor, or the child resides in that state;

(7) Reconcile the arrearages for all valid support orders. It is strongly recommended that the responding child support agency use the “Arrears Reconciliation Calculator” developed by the federal office of child support enforcement (OCSE) for this purpose. As of February 11, 2005, the calculator may be found at the following website address: www.acf.hhs.gov/programs/cse/pubs/2003/calculator;

(8) Send a recommendation to the court which contains a conclusion regarding which order should be determined the controlling order and a calculation of the reconciled arrearages based upon the following principles:

(a) If only one of the states with a valid order has CEJ, recommend the order in the state with CEJ be determined the controlling order;

(b) If more than one of the states with a valid order has CEJ, recommend the order in the home state of the child be determined the controlling order;

(c) If more than one of the states with a valid order have CEJ, but no state is the home state of the child, recommend the most recently issued order be determined the controlling order; and

(d) If none of the states with a valid order have CEJ, recommend that the court issue a new order that will be determined to be the controlling order.

(9) After the court has made the controlling order determination, prepare the OMB 0970-0085, “Notice of determination of controlling order,” and send it with a certified copy of the controlling order determination to the child support agency in each state that issued or registered any of the valid support orders used to determine the controlling order.

Replaces: Part of 5101:1-30-50.1, 5101:1-30-53, 5101:1-30-54

Effective: 09/01/2005

R.C. 119.032 review dates: 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3115.07, 3115.08, 3115.09, 3115.10, 3125.03

Prior Effective Dates: 1/1/98, 3/1/03

5101:12-70-05.5 Enforcement of support orders in interstate cases.

(A) This rule describes the responsibility that an initiating or responding child support enforcement agency (CSEA) has to enforce support orders in interstate cases.

(B) If two or more valid support orders exist, only a support order that has been determined to be the controlling order may be enforced. Therefore, before any action is taken to enforce a support order, the initiating or responding CSEA shall conduct an investigation to identify the number of valid support orders which exist in the case and take any necessary steps to determine the controlling order as described in rule 5101:12-70-05.4, “Determining the controlling order,” of the Administrative Code.

(C) Support orders in interstate cases may be enforced either by direct income withholding as described in sections 3115.32 to 3115.37 of the Revised Code, if it is verified that an obligor is employed or receives income in another state and a determination is made that direct income withholding is appropriate, or by sending a Uniform Interstate Family Support Act (UIFSA) petition which requests the enforcement of support from an initiating CSEA to an interstate central registry in a responding state.

(D) An initiating CSEA shall determine whether direct income withholding shall be used to enforce a controlling order and, prior to sending the income withholding notice,shall verify that the laws of the state where the obligor’s payor is located permit the direct withholding of the type of income being received. The initiating CSEA may use the “State at a Glance” section of the Intergovernmental Referral Guide located, as of February 11, 2005, at http://ocse3.acf.hhs.gov/ext/irg/sps/selectastate.cfm or contact the interstate central registry (ICR) in the state where the payor is located for this verification.

(E) An initiating CSEA shall have the following responsibilities if it determines that direct income withholding is appropriate:

(1) It shall prepare an income withholding notice as described in rule 5101:12-50-10.2, “CSEA responsibility for income withholding and income deduction” of the Administrative Code; and

(2) It shall send the income withholding notice directly to the obligor’s payor in the other state.

(F) An obligor who is employed in another state and receives a copy of an income withholding notice that has been sent to his or her payor by a CSEA in Ohio may object to the income withholding notice by contacting the department of job and family services, office of child support (OCS) to request an investigation.

(1) The obligor may object to the income withholding notice if he or she believes that one of the following conditions applies:

(a) The obligor is not subject to the support order; or

(b) The obligor does not have a duty of support under any tribunal pursuant to which the income withholding notice was issued.

(G) If OCS receives a request for investigation as described in paragraph (F) of this rule, an investigation will be conducted and the results of that investigation will be sent to the obligor who requested the investigation within fifteen days after the date on which the request is made.

(H) An initiating CSEA shall have the following responsibilities if it is unable to verify a source of income for the obligor or if it determines that direct income withholding is inappropriate:

(1) Prepare a UIFSA petition within twenty days of determining that an obligor resides in a state other than Ohio; and

(2) If the controlling order has been issued by the state where the obligor resides, send a UIFSA petition requesting enforcement of the controlling order to the ICR in that state; or

(3) If the controlling order has been issued by a state other than the state where the obligor resides, take each of the following actions:

(a) Obtain a certified copy of the controlling order and all modifications of the controlling order for which the registration is being requested;

(b) Prepare a UIFSA petition which requests registration of the controlling order; and

(I) UIFSA petitions requesting the registration of a support order for enforcement may be sent simultaneously to any state where the obligor lives or has property. A CSEA must maintain records of all actions taken to enforce a support order using the registration process described in this rule.

(J) A responding CSEA has the following responsibilities:

(1) Immediately upon receipt from the Ohio ICR of a UIFSA petition which requests the enforcement of a controlling order, verify the residence address of the obligor and, if necessary, transfer the UIFSA petition to the responding CSEA with administrative responsibility for the case; and

(2) The responding CSEA with administrative responsibility for the case shall take the following actions within seventy-five days of receipt of the UIFSA petition:

(a) Notify the child support agency in the initiating state of any additional information which is needed to proceed with the case;

(b) Process the case to the extent possible pending receipt of the additional information needed from the child support agency in the initiating state; and

(c) Complete the case intake process in the Ohio case registry, Support Enforcement Tracking System (SETS), using information from the UIFSA petition and any information received from the child support enforcement network (CSENet) transaction; and

(3) Register the controlling order if all information necessary to register the order has been received and if it was not issued by a court or CSEA in Ohio, pursuant to sections 3115.39 to 3115.45 of the Revised Code or enforce the order that was issued by a court or CSEA in Ohio. A controlling order which is registered and confirmed in this state is enforceable in the same manner and subject to the same procedures as an order issued by this state.

(K) If all of the parties to a case reside in Ohio and the controlling order exists in a jurisdiction other than Ohio, the controlling order may be registered for enforcement or modification and enforcement in Ohio. This process shall be used only for the purpose of registering an order from another state when the parties reside in Ohio; it shall not be used to transfer cases from one county to another. The following apply to the registration process when all the parties reside in Ohio:

(1) The CSEA in the county where the obligee resides shall be the initiating CSEA and has the following responsibilities:

(a) Obtain a certified copy of the controlling order and all modifications of the controlling order for which the registration is being requested;

(b) Prepare a UIFSA petition requesting registration of the controlling order; and

(2) The CSEA in the county where the obligor resides shall be the responding CSEA and has the following responsibilities:

(a) Notify the initiating CSEA of any additional information which is needed to proceed with the case;

(b) Process the case to the extent possible pending receipt of the additional information needed from the initiating CSEA;

(c) Complete case intake process in SETS using information from the UIFSA petition and any information received from the CSENet transaction;

(d) Register the controlling order pursuant to sections 3115.39 to 3115.51 of the Revised Code; and

(e) Review the order for modification using the administrative review process pursuant to rule 5101:12-60-05, “Administrative review and adjustment process,” and its supplements of the Administrative Code if the UIFSA petition requested modification and enforcement.

Replaces: Part of 5101:1-30-50.1, 5101:1-30-53, 5101:1-30-55, 5101:1-30-58.2

Effective: 09/01/2005

R.C. 119.032 review dates: 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3115.08, 3115.15, 3115.16, 3115.18, 3115.39, 3115.40, 3125.03

Prior Effective Dates: 1/1/98, 3/1/03

5101:12-70-05.6 Modification of controlling orders in interstate cases.

(A) This rule describes the responsibility that an initiating or responding child support enforcement agency (CSEA) has to modify controlling orders in interstate cases. A controlling order may only be modified in a state where one of the parties to the order resides at the time the order is modified. If a request to register the order for modification is made and none of the parties reside in the state with the controlling order at the time the order is modified, then the state of the party that did not request the modification shall register the controlling order in that state for modification. No portion of the controlling order may be modified that is not modifiable under the laws of the state which issued the controlling order.

(B) For purposes of this rule, “petitioner” means the person or entity requesting the modification and “respondent” means the person or entity who did not request the modification.

(1) Verify the state which issued the controlling order;

(2) Verify the current residential address of the respondent;

(3) Determine whether the state where the respondent resides is the state which issued the controlling order;

(4) Review the order for modification using the administrative review process pursuant to rule 5101:12-60-05.3, “Administrative review and adjustment process,” of the Administrative Code or, if necessary, transfer the case to the CSEA with administrative responsibility for the case, within twenty days of determining that the petitioner resides in Ohio and the controlling order was issued by Ohio;

(5) Take the following actions within twenty days of determining that the respondent resides in a state other than Ohio if the state where the respondent resides is the state which issued the controlling order:

(a) Prepare a Uniform Interstate Family Support Act (UIFSA) petition requesting the modification and, if requested, enforcement of the controlling order; and

(b) Send the UIFSA petition to the interstate central registry (ICR) in the state where the respondent resides.

(6) Take the following actions within twenty days of determining that the respondent resides in a state other than Ohio if the state where the respondent resides is not the state which issued the controlling order:

(a) Prepare a UIFSA petition requesting the registration of the controlling order for modification which shall contain all forms required by rule 5101:12-70-10, “Forms for interstate case processing,” of the Administrative Code and other documents as necessary; and

(b) Send the UIFSA petition to the ICR in the state where the party who has not requested the modification resides unless both the parties have submitted signed documents to the initiating CSEA agreeing to grant jurisdiction to modify the controlling order to another state.

(D) A responding CSEA has the following responsibilities:

(1) Immediately upon receipt of a UIFSA petition requesting modification of a support order from the Ohio ICR, verify the residence address of the respondent and, if necessary, transfer the UIFSA petition to the responding CSEA with administrative responsibility for the case; and

(2) The responding CSEA with administrative responsibility for the case shall take the following actions within seventy-five days of receipt of the UIFSA petition:

(a) Notify the child support agency in the initiating state of any additional information which is needed to process the case;

(b) Process the case to the extent possible pending receipt of the additional information from the child support agency in the initiating state;

(d) Register the controlling order for modification or modification and enforcement pursuant to sections 3115.39 to 3115.51 of the Revised Code; and

(3) Review the order for modification using the administrative review process pursuant to rule 5101:12-60-05.3, “The administrative review,” of the Administrative Code.

(E) Once a controlling order has been registered and confirmed for enforcement and modification in this state, it is enforceable in the same manner and subject to the same procedures as an order issued by this state except that the duration of the order and dates of emancipation of the children continue to be the terms of the order as it was originally issued in the controlling order state.

Replaces: Part of 5101:1-30-50.1, 5101:1-30-53

Effective: 09/01/2005

R.C. 119.032 review dates: 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3115.08, 3115.15, 315.16, 3115.46, 3115.47, 3115.48, 3115.49, 3115.50, 3115.51, 3125.03

Prior Effective Dates: 1/1/98, 3/1/03

5101:12-70-10 Forms for interstate case processing.

(A) The following forms shall be used in the processing of interstate cases under the Uniform Interstate Family Support Act (UIFSA). These documents are mandated for use by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, 110 Stat. 2105 (1996), 42 U.S.C. 666(f) and section 3115.22(B) of the Revised Code. They may be accessed through the support enforcement tracking system (SETS) and, as of February 11, 2005, through the internet at http://www.acf.hhs.gov/programs/cse/forms/.

(1) The OMB 0970-0085 “Child support enforcement transmittal #1 -Initial request” shall be used as a cover letter required to refer an interstate case to a responding state’s interstate central registry (ICR).

(2) The OMB 0970-0085 “Child support enforcement transmittal #2 -Subsequent actions” shall be used for requesting or providing additional information or services in previously referred cases. The child support enforcement agency (CSEA) shall not use the “Child support enforcement transmittal #2” for making initial referrals but only for subsequent requests and communication.

(3) The OMB 0970-0085 “Child support enforcement transmittal #3 -Request for assistance/discovery” shall be used to obtain assistance with activities such as service of process, discovery, or genetic testing in cases where long arm jurisdiction exists. A CSEA which receives a “Child support enforcement transmittal #3” requesting assistance from another state shall not open a case.

(4) The OMB 0970-0085 “Uniform support petition” shall be used as the legal pleading needed for the responding state to initiate action.

(5) The OMB 0970-0085 “General testimony” shall be used to describe the detailed information and evidence necessary to support the action requested in the UIFSA petition.

(6) The OMB 0970-0085 “Affidavit in support of establishing paternity” shall be used to supplement the “Uniform support petition” in order to summarize the evidence needed to establish paternity. A separate “Affidavit in support of establishing paternity” is required for each child needing paternity establishment.

(7) The OMB 0970-0085 “Locate data sheet” shall be used to request locate information regarding the parent, employer, wages, or assets of a putative father or obligor. The CSEA shall not send a “Locate data sheet” to a state with which Ohio has child support enforcement network (CSENet) quick locate capability. If Ohio has CSENet quick locate capability with a state, the CSEA shall send a CSENet transaction for quick locate to that state as described in rule 5101-12-70-20, “The child support enforcement network,” of the Administrative Code. This form may also be used to request locate information in any state on an obligee as CSENet cannot be used to obtain locate information on obligees.

(8) The OMB 0970-0085 “Notice of determination of controlling order” shall be used to notify the parties and child support agencies in other states of a determination of controlling order that has been made by a court in Ohio.

(9) The OMB 0970-0085 “Registration statement” shall be used to request registration of an existing order for enforcement and/or modification. The purpose of the form is to refer specific order information to the responding state. A separate “Registration statement” shall be prepared for each order for which registration is being requested.

(B) The initiating CSEA shall prepare and send UIFSA petitions consisting of forms described in paragraph (A) of this rule in the combinations listed in paragraph (B)(1) through

(B)(6) of this rule, to the interstate central registry (ICR) in the responding state for the purpose of requesting child support program activities as follows:

(1) To request the establishment of paternity and support, the initiating CSEA shall send:

(a) The “Child support enforcement transmittal #1;”

(b) The “Uniform support petition;”

(d) The “General testimony.”

(2) To request the establishment of a support order, the initiating CSEA shall send:

(a) The “Child support enforcement transmittal #1;”

(b) The “Uniform support petition;” and

(3) To request the modification of a controlling order which was issued in a state where the obligor resides, the initiating CSEA shall send:

(a) The “Child support enforcement transmittal #1;” and

(b) The “General testimony.”

(4) To request the registration for modification or the registration for modification and enforcement of a controlling order which was issued in a state other than the state where the obligor resides, the initiating CSEA shall send:

(a) The “Child support enforcement transmittal #1;”

(b) The “Uniform support petition;”

(d) The “Registration statement.”

(5) To request the enforcement of a controlling order which was issued in a state where the obligor resides, the initiating CSEA shall send the “Child support enforcement transmittal #1.”

(6) To request the registration for enforcement of a controlling order which was issued in a state other than the state where the obligor resides, the initiating CSEA shall send:

(a) The “Child Support Enforcement transmittal #1;” and

(b) The “Registration statement.”

(C) In addition to the forms described in paragraph (B) of this rule, child support agencies in responding states may require that other documents be included in a UIFSA petition. CSEAs may consult the “Intergovernmental Referral Guide” at http://ocse3.acf.hhs.gov/ext/irg/sps/selectastate.cfm, as of February 11, 2005, or contact the ICR in the state where the UIFSA petition will be sent to determine whether any additional documents are required.

(D) OCSE has also developed the following two forms which may be found at http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-04.htm:

(1) The OMB 0970-0152 “Interstate subpoena” which a CSEA shall use to subpoena any financial or other information needed to establish, modify, or enforce a support order; and

(2) The JFS 01132, “Notice of interstate lien” (rev. 08/2002), which a CSEA shall use to request that a lien be placed on property owned by an obligor in a state other than Ohio.

Replaces: Part of 5101:1-30-50.1, 5101:1-30-53, 5101:1-30-57

Effective: 09/01/2005

R.C. 119.032 review dates: 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3115.39, 3115.42, 3125.03

Prior Effective Dates: 1/1/98, 11/1/00, 3/1/03

5101:12-70-15 The role and responsibilities of the interstate central registry (ICR).

(A) Each state child support agency is required by federal regulations at 45 C.F.R. 303.7(a), effective May 12, 2003, to establish an interstate central registry (ICR) responsible for receiving, distributing, and responding to inquiries on all incoming Uniform Interstate Family Support Act (UIFSA) petitions. The ICR in Ohio is located within the Ohio department of job and family services (ODJFS), office of child support (OCS).

(B) The Ohio ICR shall take the following steps within ten business days of receiving a UIFSA petition:

(1) Review the UIFSA petition and any child support enforcement network (CSENet) transaction for accuracy and completeness;

(2) Perform location, if needed;

(3) Partially complete the case intake process in the Ohio case registry, support enforcement tracking system (SETS);

(4) Transfer the case to the child support enforcement agency (CSEA) in the county with administrative responsibility for the case;

(5) Acknowledge receipt of the UIFSA petition to the child support agency in the initiating state and advise it of the name and address of the CSEA where the UIFSA petition was sent for processing; and

(6) Request any missing documentation from the child support agency in the initiating state.

(C) The Ohio ICR shall take the following steps within five business days of receiving an inquiry from a child support agency in another state:

(1) Contact the CSEA with administrative responsibility for the case to determine the status of the case; and

(2) Provide the inquiring state with an update on the status of the case.

(D) The Ohio ICR shall act as the state information agency for purposes of sections 3115.01 to 3115.59 of the Revised Code. As the state information agency, the Ohio ICR shall do the following:

(1) Compile a list, including addresses, of Ohio courts and CSEAs and transmit a copy to the state information agency in every other state; and

(2) Maintain a registry of information received from other states regarding the local tribunals and child support enforcement agencies in those other states.

Replaces: Part of 5101:1-30-50.1, 5101:1-30-53, 5101:1-30-56

Effective: 09/01/2005

R.C. 119.032 review dates: 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3115.21, 3125.03

Prior Effective Dates: 1/1/98, 3/1/03

5101:12-70-20 The child support enforcement network.

(A) This rule describes the responsibility of the child support enforcement agency (CSEA) to use the child support enforcement network (CSENet) in the processing of interstate cases.

(B) CSENet is an electronic communications network developed by the federal office of child support enforcement (OCSE) that automatically transmits and receives child support information to and from other states. Standard transactions are used to electronically request or report absent parent location, establishment of paternity, and support establishment, enforcement, and collection activities as well as to transfer interstate case information between states.

(1) Function codes which identify the function being performed. The function codes are:

(a) COL (collection);

(b) CSI (case status information);

(d) EST (establishment);

(e) LO1 (quick locate);

(f) MSC (managing state cases); and

(g) PAT (paternity).

(2) Actions code which identifies the action being taken. The action codes are:

(a) A (acknowledgment);

(b) C (cancel);

(d) P (provide);

(e) R (request); and

(f) U (update).

(3) Reason codes, which are five letter codes, define the specific reason for the transaction.

(D) A CSENet transaction is expressed using the three parts described above. For example, a request to locate an obligor in another state is expressed as LO1 R. A transaction which requests the establishment of paternity is expressed as PAT R, and a transaction which advises another state that information about a case exists in the Ohio case registry, support enforcement tracking system (SETS), is expressed as CSI P FSINF.

(E) The CSEA shall use CSENet to take the following actions:

(1) Request location information on a putative father or absent parent from a state which has CSENet quick locate capability with Ohio. A CSENet “Quick Locate” (LO1) transaction shall be used for this purpose;

(2) Request case information, including support order information, from a state which has CSENet case status information capability with Ohio. A CSENet “Case Status Information” (CSI) transaction shall be used for this purpose;

(3) Request the establishment of paternity from a state which has CSENet paternity capability with Ohio. A CSENet “Paternity” (PAT) transaction shall accompany a Uniform Interstate Family Support Act (UIFSA) petition for this purpose;

(4) Request the establishment of a support order from a state which has CSENet establishment capability with Ohio. A CSENet “Establishment” (EST) transaction shall accompany a UIFSA petition for this purpose;

(5) Request the enforcement of a support order from a state which has CSENet enforcement capability with Ohio. A CSENet “Enforcement” (ENF) transaction shall accompany a UIFSA petition for this purpose; and

(6) Transmit case status and information to a state which has CSENet managing state cases capability with Ohio. A CSENet “Managing State Cases” (MSC) transaction shall be used for this purpose.

(F) When a CSEA receives an incoming CSENet transaction, it shall take the actions required by the transaction.

(G) CSEAs may consult the “Intergovernmental Referral Guide CSENet 2000 Transaction Type Overview” at http://151.196.108.20/irg/overview.asp, as of February 11, 2005, to determine whether a state has CSENet capability with Ohio.

Replaces: Part of 5101:1-30-50.1, 5101:1-30-53, 5101:1-30-56

Effective: 09/01/2005

R.C. 119.032 review dates: 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3115.28, 3125.03, 3125.07, 3125.08

Prior Effective Dates: 1/1/98, 3/1/03