5101:12-1-60.1 Expenditures ineligible for federal financial participation reimbursement.

(A) This rule describes expenditures for which a child support enforcement agency (CSEA) shall not request federal financial participation (FFP) reimbursement.

(B) CSEA expenditures for which FFP reimbursement is not available include but are not limited to:

(1) Support enforcement program services provided in a non-IV-D case.

(2) Charges assessed to the CSEA by a court or clerk of court that are not uniformly assessed to another agency or official that uses the services of the court or clerk of court.

(3) Purchased IV-D services that are not purchased in accordance with or do not meet the requirements of rules 5101:12-1-80 to 5101:12-1-80.4 of the Administrative Code.

(4) The following charges assessed to the CSEA under a IV-D contract:

(a) Service of process and court filing fees unless the court or law enforcement agency would normally be required to pay the cost of such fees;

(b) Costs of compensation (salary and fringe benefits) of judges;

(c) Costs of travel and training related to the judicial determination process incurred by judges;

(d) Office related costs, such as space, equipment, furnishings and supplies, incurred by judges;

(e) Compensation (salary and fringe benefits), travel and training, and office related costs incurred by administrative and support staffs of judges;

(f) Service of process fees unless the CSEA obtains written verification from the sheriff that the sheriff charges other agencies service of process fees;

(g) Sheriff's office personnel and equipment costs unless the costs are necessary to complete service of process activities;

(h) Costs that do not meet the definition of "allowable cost," as defined in rule 5101:12-1-80 of the Administrative Code;

(i) Costs that do not meet the definition of "reasonable cost," as defined in rule 5101:12-1-80 of the Administrative Code; and

(j) Hearings, portions of hearings, or other activities related to:

(i) Visitation, custody, or change of custody;

(ii) Establishment of spousal support orders;

(iii) Enforcement of spousal support orders if no child support order exists for the same parties;

(iv) Property settlements; and

(v) Civil protection orders or domestic violence cases.

(5) Education and training programs and educational services, except short-term training of CSEA staff.

(6) Activities related to administering the following public programs:

(a) Ohio works first (OWF);

(b) Medicaid and state children's health insurance program;

(c) Social services that are provided pursuant to section 5101.46 of the Revised Code; and

(d) Old-age assistance, aid to the blind, and aid to the permanently and totally disabled.

(7) Construction and major renovations.

(8) Charges that have been reimbursed by recovered fees.

(9) Functions performed by a caseworker who is also determining eligibility for OWF or performing social services functions pursuant to section 5101.46 of the Revised Code, unless alternative arrangements as described in 45 C.F.R. 303.20(e) (6/11/2003) have been approved by the office of child support (OCS) in the Ohio department of job and family services (ODJFS).

(10) Medical support enforcement activities to pursue payments from a third party health insurer.

(11) Costs for the use of the federal parent locator service in parental kidnapping, child custody, or visitation cases.

(12) Costs for the incarceration of parents.

(13) Costs of counsel for indigent defendants.

(14) Costs of guardians ad litem.

(15) Services the CSEA is not authorized to perform under the rules set forth in division 5101:12 of the Administrative Code.

Replaces: Part of 5101:12-10- 45.1

Effective: 02/15/2009
R.C. 119.032 review dates: 11/26/2008 and 02/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03
Prior Effective Dates: 4/1/92, 6/1/93, 6/1/95, 7/1/02, 9/1/07