5101:9-6-30 Child support performance incentive payments.

(A) ) The Ohio department of job and family services (ODJFS) issues performance incentive payments to child support enforcement agencies (CSEA) to provide additional funding for the Title IV-D program.

(B) Federal child support incentive distribution.

(1) The United States department of health and human services (HHS) distributes to the ODJFS an estimated annual incentive payment amount at the beginning of each federal fiscal year. Following the end of each fiscal year ODJFS submits required expenditure and performance data to HHS. Using this data, HHS calculates the actual annual incentive payment amount earned by the state. Actual payment amounts are contingent on data being determined to be complete and reliable by federal auditors. The final reconciled amount includes necessary adjustments resulting from previous incentive overpayments or underpayments to ODJFS from the federal government pursuant to the processes described at 45 C.F.R. 305, as in effect December 9, 2014.

(2) ODJFS distributes incentive payments to the CSEA each month based on the estimated annual incentive payment amount Ohio receives from HHS during the federal fiscal year (FFY).

(a) ODJFS retains funds from the federal incentives in accordance with rule 5101:12-1-54 of the Administrative Code.

(b) ODJFS distributes estimated incentive payments to the CSEA in accordance with rule 5101:12-1-54.1 of the Administrative Code.

(3) The actual amount of incentives is determined during the annual incentive reconciliation process at the end of the calendar year. ODJFS performs a comparison between the estimated annual incentive payment amounts and the actual federal incentives earned by the state at the end of the calendar year.

(a) ODJFS adjusts the CSEA incentive payment if the estimated amount exceeds the actual amount earned by the state and a deficiency exists.

(b) ODJFS makes a one-time payment to the CSEA through the administrative advance process if the actual amount earned exceeds the estimated amount and a surplus exists.

(C) Federal child support incentive use.

(1) The CSEA shall spend funds only for allowable Title IV-D expenditures, in accordance with section 5101.23 of the Revised Code and 45 C.F.R. 305.35, as in effect December 9, 2014. A request to spend incentives on activities not eligible for funding under the Title IV-D program may be submitted to ODJFS. ODJFS will review the request and may submit the proposal, as appropriate, to HHS for approval.

(2) The CSEA shall not use federal child support incentives:

(a) To earn additional federal funds; or

(b) As the nonfederal share/child support match requirement. The CSEA must expend all incentive funds at one-hundred percent on allowable IV-D activities.

(3) The CSEA shall report Title IV-D expenditures paid with incentives in accordance with rule 5101:9-7-29 of the Administrative Code using coding established by ODJFS for that purpose.

Replaces: 5101:9-6-30

Effective: 3/23/2015
Five Year Review (FYR) Dates: 03/23/2020
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03, 3125.11, 3125.21, 3125.25
Prior Effective Dates: 3/19/07, 3/1/08, 10/26/09, 3/28/10, 7/7/11