Chapter 5101:12-10 Disposition: Undistributed Support Payments

5101:12-10-01 Request for services.

(A) This rule describes requests for support enforcement program services and IV-D services.

(1) Support enforcement program services include:

(a) Location of custodial or non-custodial parents or alleged fathers;

(b) Establishment of parentage;

(c) Establishment and modification of child support orders and medical support orders;

(d) Enforcement of support orders;

(e) Collection of support obligations; and

(f) Any other action appropriate to child support enforcement.

(2) IV-D services include:

(a) Federal income tax refund offset submittals for the collection of support arrears;

(b) Withholding of unemployment compensation for the payment of support;

(c) Requests to the internal revenue service for the disclosure of taxpayer information for use in establishing and collecting support obligations;

(d) Requests to the U.S. department of treasury for the administrative offset of certain federal payments other than federal income tax refund offset for the collection of delinquent support; and

(e) Requests for certification to the U.S. district court when another state has failed to act on an Ohio support order.

(B) Definition of terms used in this rule and its supplemental rule:

(1) "IV-D case" has the same meaning as in rule 5101:12-1-10 of the Administrative Code.

(2) "Non-IV-D case" has the same meaning as in rule 5101:12-1-10 of the Administrative Code.

(3) "Recipient of IV-D services" means:

(a) The person who signed an approved IV-D application with a CSEA; or

(b) The parent or caretaker of a child for whom the CSEA received and approved a IV-D referral, as described in paragraphs (C)(3) to (C)(5) of this rule.

(C) A request for services is initiated when a CSEA receives:

(1) A referral of a support order from a court;

(2) A signed application for IV-D services;

(3) A referral from a county department of job and family services that resulted from an application for OWF or medicaid benefits;

(4) A referral from a Title IV-E agency that resulted from a determination of eligibility for Title IV-E foster care maintenance benefits; or

(5) A Uniform Interstate Family Support Act interstate petition in accordance with 42 U.S.C. 666(f) (12/14/1999) from the Ohio interstate central registry.

(D) The CSEA shall provide support enforcement program services in response to a request initiated under :

(1) Paragraph (C)(1) of this rule and no IV-D application is received by the CSEA; or

(2) Paragraph (C)(5) of this rule when the interstate petition requests services that are described in paragraph (A)(1) of this rule.

(E) The CSEA shall provide support enforcement program services and IV-D services when it has received and approved a request for services initiated under paragraphs (C)(2) to (C)(4) of this rule, and paragraph (C)(5) of this rule when the interstate petition indicates that it is for a IV-D case.

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 , 3125.05 , 3125.06 , 3125.10 , 3125.11 , 3125.27 , 3125.36
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, 4/1/91, 11/1/91, 4/1/92, 7/1/96, 10/1/96, 12/30/97, 1/1/98, 2/22/02, 4/18/03, 6/15/06

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

5101:12-10-02 Case intake.

(A) Within twenty days of receipt of a request for services, as described in rule 5101:12-10-01 of the Administrative Code, the child support enforcement agency(CSEA) shall:

(1) Initiate a IV-D case, in response to the receipt of a IV-D application or IV-D referral, or a non-IV-D case, in response to a request initiated under:

(a) Paragraph (C)(1) of rule 5101:12-10-01 of the Administrative Code when no IV-D application is received by the CSEA; or

(b) Paragraph (C)(5) of rule 5101:12-10-01 of the Administrative Code when the interstate petition indicates that it is for a non-IV-D case;

(2) Establish a case record, as described in rule 5101:12-10-05 of the Administrative Code;

(3) Assess the referral or application for completeness and accuracy and determine the appropriate support enforcement program service to be provided;

(4) Determine if there is enough location information to proceed with the case and, if not, request additional information or refer the case for additional location attempts;

(5) Issue the following forms to the applicant for services:

(a) JFS 07647, "Notice of Case Status Application" (rev. 04/1996);

(b) JFS 07012, "Rights and Responsibilities of Parents Receiving Child Support Services" (rev. 09/2001); and

(c) JFS 04059, "Explanation of State Hearing Procedures" (rev. 10/2008); and

(6) Determine which county has administrative responsibility for the case in accordance with rule 5101:12-10-03 of the Administrative Code and, if appropriate, transfer the case to the CSEA with administrative responsibility.

(B) The CSEA may, but is not required to, conduct an interview with the applicant for services in order to obtain information necessary for the establishment or enforcement of a support order. The interview may be a face-to-face or group interview or by telephone. When an interview is conducted, the following items may be covered, as appropriate:

(1) An explanation of the support enforcement program including rights to a state hearing;

(2) A review of the information contained in the IV-D referral or IV-D application for accuracy and completeness;

(3) The responsibilities of the individual receiving services and any action that would be taken as a result of the individual's failure to carry out those responsibilities;

(4) The right to claim good cause as a reason for refusing to cooperate when the applicant is a recipient of Ohio works first, medicaid, or Title IV-E foster care maintenance benefits; and

(5) A review of any legal documents the caretaker may possess which establishes paternity or the support obligation. These must be supplied to the CSEA. The CSEA shall secure copies of the documents for the CSEA record.

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: 3125.11 , 3125.15
Prior Effective Dates: 9/1/76, 8/1/82, 11/1/83, 1/7/85, 1/9/86, 1/1/87 (Emer), 3/20/87, 12/1/87, 6/10/88, 12/29/88, 4/1/89, 12/1/89, 8/1/90, 4/1/90, 4/1/91, 11/1/91, 10/1/96, 12/30/97, 4/18/03, 6/15/06

5101:12-10-03 Administrative responsibility.

(A) This rule describes which child support enforcement agency (CSEA) has administrative responsibility for a case. Administrative responsibility for intergovernmental cases is described in rule 5101:12-10-04 of the Administrative Code. The CSEA with administrative responsibility shall provide all support enforcement program services.

(B) General principles regarding administrative responsibility.

(1) When a CSEA receives a request for services pursuant to rule 5101:12-10-01 of the Administrative Code, the CSEA shall have administrative responsibility unless a legal basis exists which precludes that CSEA from assuming administrative responsibility.

(a) For the purpose of this rule "legal basis" means that the CSEA has determined, based on the facts and circumstances of the case, that no legal authority exists which will allow the CSEA to provide support enforcement program services and requires the CSEA to proceed in accordance with paragraph (F) of this rule.

(b) In making the determination regarding the CSEA's authority to proceed, the CSEA shall be bound by the administrative responsibility provisions of paragraphs (C), (D), and (E) of this rule.

(2) 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.

(3) When administrative responsibility for a case is disputed and based on the facts and circumstances of the case, any of the CSEAs involved may have administrative responsibility, these CSEAs shall collaborate to resolve which CSEA has administrative responsibility.

(4) When administrative responsibility for a case is disputed and not addressed by this rule, a CSEA may request the office of child support (OCS) to resolve which CSEA has administrative responsibility. The CSEA shall provide to OCS the following:

(a) Verification that an attempt has been made to resolve the dispute, and

(b) Written description of the facts and circumstances that have led to the dispute.

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

(1) 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.

(2) 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.

(D) Administrative responsibility for the establishment of a child support order.

(1) 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.

(2) 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.

(3) 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.

(4) 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 to collect the remaining balances. When either party requests the establishment of a new 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.

(5) 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.

(6) 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" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), 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.

(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.

(7) 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.

(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.

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

(1) 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.

(2) 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.

(F) Case transfer.

(1) The CSEA that completed case intake or most recently had administrative responsibility shall transfer a case to another CSEA in accordance with this rule.

(2) "Case transfer" includes electronically transferring the case in the support enforcement tracking system (SETS). "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.

Replaces: Part of 5101:12-10-03

Effective: 06/01/2014
R.C. 119.032 review dates: 06/01/2019
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, 9/1/08

5101:12-10-04 Administrative responsibility for an intergovernmental case.

(A) This rule describes which child support enforcement agency (CSEA) has administrative responsibility for an intergovernmental case. Administrative responsibility for a non-intergovernmental case is described in rule 5101:12-10-03 of the Administrative Code. The CSEA with administrative responsibility shall provide all support enforcement program services.

(B) General principles regarding administrative responsibility.

(1) When a CSEA receives a request for services pursuant to rule 5101:12-10-01 of the Administrative Code, the CSEA shall have administrative responsibility unless a legal basis exists, which precludes that CSEA from assuming administrative responsibility.

(a) For the purpose of this rule "legal basis" means that the CSEA has determined, based on the facts and circumstances of the case, that no legal authority exists, which will allow the CSEA to provide support enforcement program services and requires the CSEA to proceed in accordance with paragraph (F) of this rule.

(b) In making the determination regarding the CSEA's authority to proceed, the CSEA shall be bound by the administrative responsibility provisions of paragraphs (C), (D), and (E) of this rule.

(2) 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.

(3) When administrative responsibility for a case is disputed and based on the facts and circumstances of the case, any of the CSEAs involved may have administrative responsibility, these CSEAs shall collaborate to resolve which CSEA has administrative responsibility.

(4) When administrative responsibility for a case is disputed and not addressed by this rule, a CSEA may request the office of child support (OCS) to resolve which CSEA has administrative responsibility. The CSEA shall provide to OCS the following:

(a) Verification that an attempt has been made to resolve the dispute, and

(b) Written description of the facts and circumstances that have led to the dispute.

(C) Administrative responsibility for an initiating CSEA.

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

(a) The CSEA where the applicant for services resides has administrative responsibility.

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

(i) Is preparing a Uniform Interstate Family Support Act (UIFSA) petition and the applicant for services has completed and submitted all documents necessary for the UIFSA petition, the CSEA retains administrative responsibility.

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

(2) Administrative responsibility for the establishment of a child support order.

(a) The CSEA where the applicant for services resides has administrative responsibility.

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

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

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

(3) Administrative responsibility for the enforcement of a support order.

(a) When an applicant for services requests the enforcement of an Ohio support order, the CSEA in the county in which the court or CSEA that issued the support order retains administrative responsibility for enforcement.

(b) When an applicant for services requests the enforcement of an order from another state or jurisdiction, the CSEA in the county in which the applicant for services resides has administrative responsibility to initiate a UIFSA petition to another jurisdiction.

When the applicant moves to another Ohio county and the CSEA:

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

(ii) Is preparing a UIFSA 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.

(4) Administrative responsibility for the modification of a support order.

(a) When an applicant for services requests the modification of an Ohio order, the CSEA in the county in which the court or CSEA that issued the support order has administrative responsibility for modification.

When the applicant for services moves to another county, the court or CSEA that issued the support order retains administrative responsibility.

(b) When an applicant for services requests the modification of an order from another state or jurisdiction, the CSEA in the county in which the applicant for services resides has administrative responsibility to initiate a UIFSA petition to another state or jurisdiction.

(i) New case that is not already existing in support enforcement tracking system (SETS). When the applicant moves to another Ohio county and the CSEA:

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

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

(ii) Existing open case in SETS.

The initiating CSEA has administrative responsibility.

(D) Administrative responsibility for a responding CSEA.

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

When the CSEA receives a UIFSA petition to determine the existence or non-existence of a father and child relationship, 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) Administrative responsibility for the establishment of a child support order.

When the CSEA receives a request to establish a child support order from another state or jurisdiction, 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.

(3) Administrative responsibility for the enforcement of a support order.

(a) When the CSEA receives a UIFSA petition to enforce an Ohio support order, the CSEA with administrative responsibility is the CSEA:

(i) In the same county as the court that issued the court support order.

(ii) In the same county as the court that adopted the administrative child support order.

(iii) That issued the administrative child support order and the court has not adopted the administrative child support order.

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

(b) When the CSEA receives a UIFSA petition from another state or jurisdiction to enforce the other state support order, the CSEA in the county in which the obligor resides has administrative responsibility.

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

(i) Successfully completed service of process on the obligor, the CSEA retains administrative responsibility.

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

(4) Administrative responsibility for the modification of a support order.

(a) When the CSEA receives a UIFSA petition to modify an Ohio support order, the CSEA with administrative responsibility is the CSEA:

(i) In the same county as the court that issued the court support order.

(ii) In the same county as the court that adopted the administrative child support order.

(iii) That issued the administrative child support order and the court has not adopted the administrative child support order.

(b) When the CSEA receives a UIFSA petition from another state or jurisdiction to register the support order for modification purposes when the issuing state has lost continuing exclusive jurisdiction (CEJ) and the non-requesting party is in Ohio, 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 case is:

(i) New to SETS:

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

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

(ii) Existing open case in SETS.

The CSEA that is enforcing the support order retains administrative responsibility regardless if the non-requesting party moves to another county.

(iii) Closed SETS case.

When a case closes pursuant to the request of an initiating agency, and the CSEA receives a subsequent request for modification, the CSEA in the county in which the non-requesting party resides has administrative responsibility despite the existence of a prior case, which has been closed.

(E) Other state order when all parties reside in Ohio.

(1) When the CSEA receives a UIFSA petition or a request for services to enforce a support order from another state or jurisdiction when all the parties reside in Ohio, the CSEA in the county where the obligor resides has administrative responsibility.

When the obligor moves to another county and the CSEA has:

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

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

(2) When the CSEA receives a UIFSA petition or a request for services to modify a support order from another state or jurisdiction when all parties reside in Ohio, the CSEA in the county where the obligor resides has administrative responsibility.

(a) For a case that is new to SETS, the CSEA in the county in which the obligor resides has administrative responsibility.

When the obligor moves to another county and the CSEA has:

(i) Successfully completed service of process of the registration on the obligor, the CSEA retains administrative responsibility.

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

(b) For a case that is open in SETS and the case is:

(i) Open responding and the case is registered with the court, the CSEA retains administrative responsibility even if the obligor moves.

(ii) Open initiating, the CSEA in the county where the obligor resides has administrative responsibility.

(c) If a case closes pursuant to the request of an initiating agency and a subsequent request is received, the CSEA in the county in which the obligor resides has administrative responsibility despite the existence of a prior responding case.

(F) Case transfer.

(1) The CSEA that completed case intake or most recently had administrative responsibility shall transfer a case to another CSEA in accordance with this rule.

(2) "Case transfer" includes electronically transferring the case in SETS. "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.

Replaces: Part of 5101:12-10-03

Effective: 06/01/2014
R.C. 119.032 review dates: 06/01/2019
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, 9/1/08

5101:12-10-05 Case records.

(A) The child support enforcement agency (CSEA) shall maintain a case record for each case for which it has administrative responsibility. The case record shall principally be maintained in the support enforcement tracking system (SETS), in accordance with rule 5101:12-1-15 of the Administrative Code, and as necessary on paper, microfilm or other electronic format, or a combination thereof.

(B) The case record shall contain any document or information that pertains to the case. A summary notation in the physical or electronic record, regardless of whether the notation is entered by the CSEA worker or generated automatically by an automated system, meets the case records requirement. Information required to be in the case record includes but is not limited to:

(1) The referral from the county department of job and family services (CDJFS) in a case in which an individual receives Ohio works first (OWF) or medicaid, or the referral document from the Title IV-E agency in a case in which an individual receives Title IV-E foster care maintenance benefits, when applicable.

(2) The signed application for IV-D services, when applicable.

(3) A copy of the support order, when applicable. The support order may be summarized as long as the summary notation indicates where the support order is maintained.

(4) Data regarding the non-custodial parent or alleged father including but not limited to:

(a) First, middle, and last name;

(b) Social security number;

(c) Date of birth;

(d) Place of birth;

(e) Mother's full name, including her maiden name;

(f) Father's full name;

(g) Current or last known residential and mailing address; and

(h) Current or last known employer.

(5) A record of the date of, reason for, and results of any contacts with any individual in the case.

(6) A narrative that chronologically traces support enforcement program activities.

(7) A record of efforts to utilize local locate resources and the dates and the results of those efforts, when applicable.

(8) A record of any actions taken to establish paternity or support obligations and to enforce or modify support obligations, including the dates and results of such actions, when applicable.

(9) A record of communications with a CDJFS, the Ohio department of job and family services, office of child support, or any other state child support agency concerning support enforcement program services.

(10) A record of accrued arrears, when applicable.

(11) A record of the collection and disbursement of support payments, when applicable.

(12) A record of all case status changes including case referral, case opening, application for and approval of IV-D services, termination of IV-D services, case closure and, when appropriate, the reason for the change in case status.

(13) When a CSEA receives a referral but does not initiate a case, a record that summarizes the referral information and the reason the case was not initiated.

(14) When an individual received a support payment from the obligor, court, or child support agency while receiving OWF benefits and did not forward the support payment to the CSEA, a record of the following:

(a) Facts that led to the discovery of the retained payment;

(b) Documentation, such as a cancelled check, from the obligor, court, or child support agency that such payment was actually made to the obligee;

(c) Documentation of the date and amount of every retained payment; and

(d) When applicable, documentation that the obligee does not have the ability to pay the retained payment to the CSEA.

(C) When a case has been closed and support enforcement program services have been terminated in accordance with rule 5101:12-10-70 of the Administrative Code, and the records retention period has expired in accordance with rule 5101:12-1-25 of the Administrative Code but a balance remains on the case, the CSEA may destroy any non-essential case records that are not maintained by SETS. The CSEA shall maintain any case records that are essential in reopening the case in the future. Records of the case that are essential include but are not limited to:

(1) Genetic testing records;

(2) IV-D application;

(3) Copy of the order terminating the support obligation;

(4) Summary of records regarding the collections and disbursement of support; and

(5) Any other record that the CSEA determines to be essential.

All case records shall be maintained in the format described in paragraph (A) of this rule.

(D) The CSEA shall follow the procedures of retention, disposal, and destruction of case records in accordance with rule 5101:12-1-25 of the Administrative Code.

Effective: 05/01/2011
R.C. 119.032 review dates: 01/20/2011 and 05/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.07 , 3125.11
Prior Effective Dates: 8/1/82, 11/11/82, 7/1/83, 1/1/84, 12/1/87, 7/15/88, 6/2/89, 9/1/89, 4/1/92, 7/1/96, 2/22/02, 6/15/06

5101:12-10-20 Family violence indicator.

(A) This rule and its supplemental rule describe the family violence indicator (FVI). The FVI reflects that there is reasonable evidence that a case participant is subject to family violence or there is reason to believe that the release of information regarding a case participant may result in family violence.

(B) The office of child support (OCS) within the Ohio department of job and family services (ODJFS) is required to:

(1) Identify and maintain information that indicates whether a case participant is subject to family violence or child abuse; and

(2) Send information regarding whether a case participant is subject to family violence as part of a referral to the federal case registry (FCR).

(C) When the child support enforcement agency (CSEA) determines that there is reasonable evidence that a case participant is subject to family violence or has reason to believe that the release of information about a case participant may result in family violence to the case participant, the CSEA shall display an FVI for the case participant in the support enforcement tracking system (SETS). "Reasonable evidence" includes but is not limited to:

(1) A civil protection order under section 3113.31 of the Revised Code or a criminal temporary protection order under section 2919.26 of the Revised Code has been issued to protect the case participant.

(2) Written documentation from a third party that indicates a case participant is being subjected to domestic violence, as defined in rule 5101:12-10-32 of the Administrative Code. A third party includes but is not limited to:

(a) Police, courts, and other governmental entities;

(b) Shelters and legal, religious, medical, and other professionals from whom a case participant sought assistance in dealing with domestic violence;

(c) County departments of job and family services (CDJFS); or

(d) Other persons with knowledge of the domestic violence.

When the case participant is unable to provide written documentation regarding domestic violence from a third party, the CSEA shall accept a written statement from the case participant, unless the CSEA has an independent, reasonable basis to find the allegation in the case participant's written statement not credible.

(3) Written documentation from a medical professional, law enforcement agency, or vital records agency that indicates that the child was conceived as a result of incest or rape.

(D) The CSEA shall maintain documentation regarding the family violence in the case record.

(E) The FVI should remain effective as long as the circumstances leading to the determination of the existence of family violence continue to exist.

(F) The CSEA shall establish and maintain a confidential caseload in SETS. When a case displays an FVI, the CSEA shall transfer the case to and retain the case in a confidential caseload.

(G) The CSEA shall ensure that a contractor who provides location or collection services does not have responsibility for a case that displays an FVI. The CSEA shall require the contractor to return a case displaying an FVI.

(H) The FCR will not return information regarding a case participant who has an FVI on the SETS case.

(I) SETS will suppress the case participant's address and social security number on forms generated by SETS when the case participant displays an FVI.

Replaces: 5101:12-10- 25.2

R.C. 119.032 review dates: 04/01/2013 and 04/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3113.31
Prior Effective Dates: 10/14/01, 2/1/05, 5/15/08

5101:12-10-20.1 Request for override of family violence indicator restriction.

(A) When a person listed in the federal case registry (FCR) has a family violence indicator (FVI), the child support enforcement agency (CSEA) shall ensure that no information about a case participant will be released in response to a locate request, an FCR query, or as part of the proactive matching functionality. Courts have the ability to order a one-time override of the FVI if certain requirements are met. Should a court be asked to consider an override of the FVI, a CSEA shall, upon request, provide the court with evidence it maintained regarding the family violence. If the court determines that information can be released by the FCR, the court will submit a request for the release of information for forwarding to the federal parent locator service (FPLS).

(B) When, in response to a request for locate processing or an FCR query, the FCR notifies the office of child support (OCS) that disclosure is prohibited in a case, OCS shall notify the CSEA. If the CSEA decides to pursue the restricted information, the CSEA must request a court in its county to authorize OCS to commence the process to obtain a one-time override of the FVI. Should the court order an override of the FVI, the CSEA shall submit the order to OCS, which shall submit the request to FCR.

(C) Following receipt and approval of an FVI override request, the federal office of child support enforcement (OCSE) will return the locate information via specialized delivery service to OCS. The returned information will include detailed locate information from each requested locate source and the identity of the state(s) that placed the FVI. The identity of the state(s) placing the indicator may assist the requesting state's court in making its decision about whether to release the information to the requester.

(D) The OCS shall not release or retain a copy of any of the FVI override information. Upon receipt, OCS must submit the information to the court that authorized the override or, pending the court's final determination regarding the release of the information, follow that court's instructions regarding the maintenance of the information. The court must make the determination as to whether further disclosure could be harmful to the parent or child. If the court determines that further disclosure could be harmful, the court is not to disclose the information to the requester.

(E) When the requester is a CSEA or the FCR and the court makes the determination to disclose the information, the court will return the information to the CSEA. The CSEA must ensure that the information received for the protected person is safeguarded and used solely for child support purposes.

Replaces: 5101:12-10- 25.3

R.C. 119.032 review dates: 04/01/2013 and 04/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3113.31
Prior Effective Dates: 10/14/01, 2/1/05, 5/15/08

5101:12-10-25.2 Family violence indicator (FVI). [Rescinded].

Rescinded eff 5-15-08

5101:12-10-25.3 Request for override of family violence indicator restriction. [Rescinded].

Rescinded eff 5-15-08

5101:12-10-25.4 Safeguarding of participant information. [Rescinded].

Rescinded eff 7-1-06

5101:12-10-30 Assignment of support.

(A) This rule describes when support is assigned to the Ohio department of job and family services (ODJFS) due to the receipt of Ohio works first (OWF), medical assistance, or Title IV-E foster care maintenance (FCM) benefits.

(B) The following definition applies to rules in division 5101:12 of the Administrative Code:

"Assigns" means the transfer of rights or property from a person to ODJFS.

(C) The following definitions are specific to this rule:

(1) "Assistance group" means, in accordance with section 5107.02 of the Revised Code, a group of individuals treated as a unit for purposes of determining eligibility for and the amount of assistance provided under Ohio works first.

(2) "Authorized representative" means, in accordance with rule 5101:1-2-01 of the Administrative Code, an individual who is age eighteen or older who stands in the place of and acts on behalf of the members of an OWF assistance group.

(3) "Medical assistance" includes, in accordance with section 5160.35 of the Revised Code, medicaid and the children's health insurance program.

(4) "Medical support" means support specified as support for the purpose of medical care by order of a court or administrative agency, which includes:

(a) Current cash medical support;

(b) Current medical support obligations;

(c) Cash medical support arrears that accrued while the person received medical assistance; and

(d) Medical support arrears that accrued while the person received medical assistance.

(5) "Minor child" means, in accordance with section 5107.02 of the Revised Code:

(a) An individual who has not attained the age of eighteen; or

(b) An individual who has not attained the age of nineteen and is a full-time student in a secondary school or in the equivalent level of vocational or technical training.

(6) "Obligee" means the person who is or may be entitled to receive support under the terms of a support order.

(7) "Obligor" means the person who is or may be required to pay support under the terms of a support order.

(8) "Person" means a parent, caretaker, authorized representative, or entity.

(D) Assignment of support in an OWF case.

(1) In accordance with section 5107.20 of the Revised Code, an OWF applicant assigns the right to support of any obligee who participates in OWF as a result of that application for OWF benefits.

(2) When a person applies for OWF benefits for a minor child who resides with that person or is temporarily absent from the home of that person, as defined in rule 5101:1-3-04 of the Administrative Code, and:

(a) Both the minor child and the person receive OWF benefits, then:

(i) Any child support for which that person is the obligee and the minor child is the subject of the support order is assigned.

(ii) Any spousal support for which that person is the obligee is assigned.

(iii) Any child support for which the minor child is the obligee and the minor child's child, who is receiving OWF benefits, is the subject of the support order is assigned.

(iv) Any spousal support for which the minor child is the obligee is assigned.

(b) Only the minor child receives OWF benefits, then:

(i) Any child support for which that person is the obligee and the minor child is the subject of the support order is assigned.

(ii) Any spousal support for which the person is the obligee is not assigned to ODJFS.

(iii) Any child support for which the minor child is the obligee and the minor child's child is the subject of the support order is assigned.

(iv) Any spousal support for which the minor child is the obligee is assigned.

(c) Only the person receives OWF benefits, then:

(i) Any child support for which that person is the obligee and the minor child is the subject of the support order is not assigned to ODJFS.

(ii) Any spousal support for which that person is the obligee is assigned.

(d) A parent of the person receives OWF benefits as a result of the person's application for OWF benefits, then:

(i) Any child support for which that parent of the person is the obligee and the person is the subject of the support order is assigned.

(ii) Any spousal support for which that parent of the person is the obligee is assigned.

(E) Assignment of medical support in a medical assistance case.

In accordance with section 5160.38 of the Revised Code, a medical assistance applicant assigns medical support upon application for or acceptance of medical assistance benefits.

(1) If a person does not receive medical assistance benefits for himself or herself but a child who resides with that person receives medical assistance benefits, then the medical support for which that person is the obligee and that child is the subject of the medical support order is assigned.

(2) If a person receives medical assistance benefits for himself or herself and a child who resides with that person receives medical assistance benefits, then the medical support for which that person is the obligee and the obligee or the child is the subject of the medical support order is assigned.

(3) If a person receives medical assistance benefits for himself or herself but a child who resides with that person does not receive medical assistance benefits, then the medical support for which that person is the obligee and that person is the subject of the medical support order is assigned to ODJFS.

(4) If a person receives medical assistance benefits for himself or herself but a child who resides with that person does not receive medical assistance benefits, then the medical support for which that person is the obligee and the child is the subject of the medical support order is not assigned to ODJFS.

(F) Assignment of support in an FCM case.

The Title IV-E agency assigns any child support for which the Title IV-E agency is the obligee and a child who is eligible to receive FCM benefits is the subject of the support order.

(G) The rules and policies of the OWF, medical assistance, and IV-E programs describe the effective date of the assignment of support.

Effective: 01/15/2014
R.C. 119.032 review dates: 10/03/2013 and 01/01/2019
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 5160.35 , 5160.38 , 5107.20
Prior Effective Dates: 8/1/82, 5/1/87, 12/1/87, 7/15/88, 4/1/89, 8/1/90, 4/11/91 (Emer), 7/1/91, 7/1/96, 10/1/97 (Emer), 12/30/97, 2/1/05, 12/1/08

5101:12-10-30.1 Administrative responsibility. [Rescinded].

Rescinded eff 9-1-08

5101:12-10-31 Requirement to cooperate with the child support enforcement agency.

(A) This rule describes the requirement for an applicant for or a recipient of Ohio works first (OWF), medicaid, or Title IV-E foster care maintenance (FCM) benefits to cooperate with the child support enforcement agency (CSEA) in establishing paternity or in establishing, modifying, or enforcing a support order.

(B) The following definitions and terms apply to this rule:

(1) "Caretaker" means:

(a) The parent, adult, or minor head of household with whom a child who receives OWF or medicaid resides; or

(b) The Title IV-E agency that has custody of a child who receives FCM benefits.

(2) "Charter county" means a county that has, pursuant to Section 3 of Article X of the Ohio Constitution (11/5/1957), adopted a charter that permits the county to provide a different form of government from that which is required under Ohio law for counties in general.

(3) "Medical support" means support specified as support for the purpose of medical care by order of a court or administrative agency.

(C) Cooperation requirements for OWF recipients.

(1) In accordance with rule 5101:1-3-10 of the Administrative Code, a caretaker who is a member of the OWF assistance group of a child who receives OWF benefits shall cooperate with the CSEA, unless the CSEA approves a good cause waiver of cooperation. OWF assistance group means a group of individuals treated as a unit for purposes of determining eligibility for and the amount of OWF benefits.

(2) A caretaker is considered cooperative when the caretaker:

(a) Provides any available information, through reasonable and diligent efforts, that is sufficient to identify or locate a parent of a child who receives OWF. Information may include but is not limited to the following about the child's mother or father or each man alleged to be the child's father:

(i) Name;

(ii) Past or present address;

(iii) Telephone number;

(iv) Date of birth;

(v) Social security number;

(vi) Past or present place of employment;

(vii) Past or present schools attended;

(viii) Names, addresses, and telephone numbers of family and friends; and

(ix) Other information determined necessary by the CSEA.

(b) Submits to or has the child submit to genetic tests ordered by a CSEA or court to determine the existence or non-existence of a father and child relationship.

(c) Appears at a scheduled appointment or hearing to:

(i) Locate or identify a parent of a child who receives OWF;

(ii) Establish the existence or non-existence of a father and child relationship; or

(iii) Establish or modify a child support order, including medical support provisions contained in the child support order, or to enforce a support order.

(3) The CSEA in a county other than a charter county shall consider a caretaker non-cooperative when the caretaker fails to comply with paragraph (C)(2) of this rule on two or more consecutive occasions. After the first instance of a determination of non-cooperation, the CSEA shall consider a caretaker non-cooperative when the caretaker fails to comply with paragraph (C)(2) of this rule on one occasion.

The CSEA in a charter county shall consider a caretaker non-cooperative when the caretaker fails to:

(a) Comply with paragraph (C)(2) of this rule; or

(b) Attend any court or administrative hearing to determine the existence or non-existence of a father and child relationship or to establish or modify a child support order, including medical support provisions contained in the child support order, or to enforce a support order.

(D) Cooperation requirements for medicaid recipients.

(1) The caretaker of a child who receives medicaid benefits shall cooperate with the CSEA unless:

(a) The CSEA approves a good cause waiver of cooperation; or

(b) The caretaker meets one of the following exceptions to cooperation:

(i) The child receives medicaid benefits and is not receiving OWF or FCM benefits and the caretaker is not receiving OWF or medicaid benefits.

(ii) The caretaker is pregnant or is no more than sixty days post-partum and receives medicaid benefits.

(iii) The caretaker is receiving transitional medicaid benefits.

(2) A child will not lose medicaid benefits when the caretaker does not cooperate with the CSEA.

(3) A caretaker is considered cooperative when the caretaker:

(a) Provides any available information, through reasonable and diligent efforts, that is sufficient to identify or locate a parent of a child who receives medicaid. Information may include but is not limited to the following about the child's mother or father or each man alleged to be the child's father:

(i) Name;

(ii) Past or present address;

(iii) Telephone number;

(iv) Date of birth;

(v) Social security number;

(vi) Past or present place of employment;

(vii) Past or present schools attended;

(viii) Names, addresses, and telephone numbers of family and friends; and

(ix) Other information determined necessary by the CSEA.

(b) Submits to or has the child submit to genetic tests ordered by a CSEA or court to determine the existence or non-existence of a father and child relationship.

(c) Appears at a scheduled appointment or hearing to:

(i) Locate or identify a parent of a child who receives medicaid;

(ii) Establish the existence or non-existence of a father and child relationship; or

(iii) Establish, modify or enforce the medical support provisions contained in a child support order.

(d) Completes a JFS 06613, "Accident/Injury Insurance Information" (rev. 6/2009), when required by the CSEA.

(e) Fully discloses any health insurance coverage or third party coverage that the medicaid recipient has or for which the medicaid recipient may be eligible.

(f) Provides any available information that is necessary for identification and collection of potential third party payments.

(4) The CSEA shall consider a caretaker non-cooperative when the caretaker fails to comply with paragraph (D)(3) of this rule on two or more consecutive occasions. After the first instance of a determination of non-cooperation, the CSEA shall consider a caretaker non-cooperative when the caretaker fails to comply with paragraph (D)(3) of this rule on one occasion.

(E) Cooperation between the CSEA and a Title IV-E agency.

A Title IV-E agency that has custody of a child who receives FCM benefits shall request services from the CSEA in accordance with rule 5101:2-47-08 of the Administrative Code. Unless the CSEA approves a good cause waiver of cooperation, the Title IV-E agency has a requirement to cooperate with the CSEA. Cooperation from the Title IV-E agency includes:

(1) Sending the CSEA any court order that pertains to the child in the custody of the Title IV-E agency, such as initial custody of the child, termination of parental rights, or termination of custody.

(2) Notifying the CSEA upon verification of changes in the circumstances of the child or the child's parent.

(3) Submitting the child to genetic tests ordered by a CSEA or court to determine the existence or non-existence of a father and child relationship.

(4) Appearing at a scheduled appointment or hearing to:

(a) Locate or identify a parent of a child for whom the CSEA receives a referral;

(b) Establish the existence or non-existence of a father and child relationship; or

(c) Establish or modify a child support order, including medical support provisions contained in the child support order, or to enforce a support order.

(F) Notification to the county department of job and family services (CDJFS) regarding cooperation.

(1) When a caretaker who has an OWF or a medicaid cooperation requirement does not cooperate with the CSEA, the CSEA shall notify the CDJFS via the support enforcement tracking system (SETS) within five days of the caretaker not cooperating. The CDJFS will determine whether or not to terminate benefits.

(2) When a caretaker who previously did not cooperate with the CSEA begins to cooperate, the CSEA shall notify the CDJFS via SETS within five days of the caretaker cooperating. The CDJFS will determine whether or not to reinstate benefits.

Effective: 12/15/2009
R.C. 119.032 review dates: 09/16/2009 and 12/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25 , 5101.591 , 5107.05
Rule Amplifies: 5101.58 , 5101.59 , 5107.20 , 5107.22
Prior Effective Dates: 8/1/82, 5/1/87, 12/1/87, 7/15/88, 4/1/89, 8/1/90, 4/11/91 (Emer), 7/1/91, 7/1/96, 10/1/97 (Emer), 12/30/97, 4/18/03, 2/1/05, 12/1/08

5101:12-10-31.1 OWF or IV-E assistance group: cooperation requirements. [Rescinded].

Rescinded eff 12-1-08

5101:12-10-31.2 Medicaid assistance group: automatic assignment and cooperation requirements. [Rescinded].

Rescinded eff 12-1-08

5101:12-10-31.3 Good cause. [Rescinded].

Rescinded eff 1-1-08

5101:12-10-32 Good cause waiver of cooperation.

(A) A caretaker of a child who has a requirement to cooperate with the child support enforcement agency (CSEA) due to the receipt of Ohio works first (OWF), medicaid, or Title IV-E foster care maintenance (FCM) benefits may request a good cause waiver of the requirement to cooperate with the CSEA. When the CSEA determines that cooperation from the caretaker is not in the best interests of the child or would make it more difficult for the caretaker or child to escape domestic violence, the CSEA shall approve a good cause waiver. This rule describes the good cause waiver process.

(B) The following terms and definitions apply to this rule:

(1) "Caretaker" means:

(a) The parent, adult, or minor head of household with whom a child who receives OWF or medicaid resides; or

(b) The Title IV-E agency who has custody of a child who receives FCM benefits.

(2) "Domestic violence" means, in accordance with section 5107.02 of the Revised Code, a caretaker or child is being subjected to any of the following:

(a) Physical acts that resulted in, or threatened to result in, physical injury to the individual;

(b) Sexual abuse;

(c) Sexual activity involving a dependent child;

(d) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;

(e) Threats of, or attempts at, physical or sexual abuse;

(f) Mental abuse, including emotional harm; or

(g) Neglect or deprivation of medical care.

(3) "Permanent good cause waiver" means that no CSEA will require a caretaker to cooperate with the CSEA as long as the CSEA has administrative responsibility for the case.

(4) "Temporary good cause waiver" means that the CSEA will not require a caretaker to cooperate with the CSEA for a specified period of time.

(5) "Third party" includes but is not limited to:

(a) Police, courts, and other governmental entities;

(b) Shelters and legal, religious, medical, and other professionals from whom a caretaker sought assistance in dealing with domestic violence;

(c) County departments of job and family services (CDJFS); or

(d) Other persons with knowledge of the domestic violence.

(C) The caretaker may request a good cause waiver from the CSEA by:

(1) Completing the JFS 07092, "Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)" (rev. 03/2009), provided by the CDJFS and submitting it to the CSEA; or

(2) Completing the JFS 04008, "Request for Good Cause Waiver" (01/2008), provided by the CSEA and submitting it to the CSEA.

(D) When the CSEA receives an oral or a written request for a good cause waiver from the caretaker, the CSEA shall issue the JFS 04008 to the caretaker.

(E) When the CSEA receives a JFS 07092 or JFS 04008, the CSEA shall determine whether to approve or deny a good cause waiver.

(F) When the caretaker provides an alternate address or telephone number on the JFS 07092, JFS 04008, or JFS 04011, "Good Cause Waiver Renewal" (01/2008), the CSEA shall send all written correspondence regarding the good cause waiver to the alternate address and contact the caretaker at the alternate phone number as specified on the JFS 07092, JFS 04008, or JFS 04011.

(G) Written documentation.

When written documentation is not received within forty-five days of the date the CSEA received the JFS 07092 or JFS 04008, the CSEA shall deny the good cause waiver and shall issue the JFS 04010, "Denial of Good Cause Waiver" (01/2008), to the caretaker.

(H) Permanent good cause waiver.

Upon receipt of a completed JFS 07092 or JFS 04008 and acceptable written documentation, the CSEA shall approve a permanent good cause waiver and shall issue the JFS 04009, "Approval of Good Cause Waiver" (01/2008), to the caretaker when the child was conceived as a result of incest or rape and the CSEA determines that requiring cooperation from the caretaker would not be in the best interests of the child.

Written documentation is acceptable when the source of the written documentation is a medical professional, law enforcement agency, or vital records agency.

(I) Temporary good cause waiver.

Upon receipt of a completed JFS 07092 or JFS 04008 and acceptable written documentation, the CSEA shall approve a temporary good cause waiver and shall issue the JFS 04009 to the caretaker when:

(1) The caretaker or child is being subjected to domestic violence and the CSEA determines that requiring cooperation from the caretaker would not be in the best interests of the child or would make it more difficult for the caretaker or child to escape domestic violence.

(a) Written documentation is acceptable when the source of the written documentation is a third party. When the caretaker is unable to provide acceptable written documentation from a third party, the CSEA shall accept a written statement from the caretaker, unless the CSEA has an independent, reasonable basis to find the allegation in the caretaker's written statement not credible.

(b) A temporary good cause waiver based on domestic violence is for a period not to exceed twelve months. The CSEA may approve a temporary good cause waiver for longer than twelve months when a legal document exists that justifies the extension.

(2) Legal adoption proceedings regarding the child are pending before a court and the CSEA determines that requiring cooperation from the caretaker would not be in the best interests of the child.

(a) Written documentation is acceptable when the source of the written documentation is a court, child protective or social services agency, or an attorney for one of the parties involved in the adoption proceedings.

(b) A temporary good cause waiver based on pending adoption is for the period during which the adoption is pending before the court.

(c) If the adoption proceedings are finalized or dismissed, the CSEA shall terminate the temporary good cause waiver and shall issue the JFS 04012, "Termination of Good Cause Waiver" (01/2008), to the caretaker.

(3) The question of whether to place the child for adoption is under active consideration and the CSEA determines that requiring cooperation from the caretaker would not be in the best interests of the child.

(a) Written documentation is acceptable when the source of the written documentation is a child protective or social services agency or an attorney for one of the parties involved in the adoption proceedings.

(b) A temporary good cause waiver based on active consideration of adoption is for a period not to exceed three months. The CSEA may renew a temporary good cause waiver after three months when the written documentation verifies that the adoption is still under active consideration.

(c) If the adoption discussions are terminated, the CSEA shall terminate the temporary good cause waiver and shall issue the JFS 04012 to the caretaker.

(J) Renewing a temporary good cause waiver.

At least forty-five days before the expiration of the temporary good cause waiver, the CSEA shall issue the JFS 04011 to the caretaker.

(1) When the caretaker submits the JFS 04011 requesting a renewal of the good cause waiver to the CSEA and the CSEA receives acceptable written documentation within forty-five days of the date the JFS 04011 was issued by the CSEA, as described in paragraph (H) or (I) of this rule, the CSEA shall renew the good cause waiver and shall issue a JFS 04009 to the caretaker.

(2) When the caretaker submits the JFS 04011 requesting a renewal of the good cause waiver to the CSEA, the CSEA shall deny the good cause waiver and shall issue a JFS 04010 to the caretaker when:

(a) Acceptable written documentation is not received by the CSEA within forty-five days of the date the JFS 04011 was issued; or

(b) The CSEA receives written documentation within forty-five days of the date the JFS 04011 was issued and determines that the written documentation is not acceptable, as described in paragraph (H) or (I) of this rule.

(3) The CSEA shall terminate the temporary good cause waiver and shall issue the JFS 04012 to the caretaker when:

(a) The caretaker fails to complete and submit the JFS 04011 to the CSEA within forty-five days of the date the JFS 04011 was issued; or

(b) The caretaker submits the JFS 04011 to the CSEA and the JFS 04011 indicates that the caretaker no longer wants a good cause waiver.

(K) When the caretaker or child receives OWF benefits, the CSEA shall notify the CDJFS, either electronically or in writing, within five days of the CSEA issuing the JFS 04009, JFS 04010, or JFS 04012 to the caretaker. When the caretaker or child receives medicaid or FCM benefits, the CSEA may notify the CDJFS or public children services agency (PCSA) when the CSEA issues a JFS 04009 to the caretaker.

Effective: 07/01/2013
R.C. 119.032 review dates: 04/01/2013 and 07/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 5101.59 , 5107.02 , 5107.22
Prior Effective Dates: 12/1/01, 2/1/05, 1/1/08

5101:12-10-35 [Rescinded]Retention of fiscal and statistical administrative records.

Effective: 07/01/2010
R.C. 119.032 review dates: 03/22/2010
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 9.01 , 3125.25
Prior Effective Dates: 9/1/88, 6/9/89, 4/1/92, 1/1/93, 1/1/05

5101:12-10-40.1 Program income. [Rescinded].

Rescinded eff 5-15-08

5101:12-10-40.2 [Rescinded]JFS 04234 "Child Support Enforcement Annual FTE Report".

Effective: 07/01/2010
R.C. 119.032 review dates: 03/22/2010
Promulgated Under: 119.03
Statutory Authority: 3125.03 , 3125.25
Rule Amplifies: 3125.03 , 3125.25
Prior Effective Dates: 8/1/82, 4/1/92, 1/1/93, 7/1/97, 10/1/99, 2/1/05

5101:12-10-40.3 [Rescinded]Penalty for failure to meet reporting requirements.

Effective: 07/01/2010
R.C. 119.032 review dates: 03/22/2010
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03
Prior Effective Dates: 7/01/93, 7/01/02, 1/01/06

5101:12-10-45 IV-D county contracts: scope, contract types, and definitions. [Rescinded].

Rescinded eff 2-15-09

5101:12-10-45.1 IV-D county contracts; allowable costs and sources of the non-federal share. [Rescinded].

Rescinded eff 2-15-09

5101:12-10-45.2 IV-D county contracts: contract requirements. [Rescinded].

Rescinded eff 2-15-09

5101:12-10-45.3 IV-D county contracts; billable units and payment for contract services. [Rescinded].

Rescinded eff 2-15-09

5101:12-10-45.4 IV-D county contracts; CSEA contract submission requirements. [Rescinded].

Rescinded eff 2-15-09

5101:12-10-45.5 IV-D county contracts; office of child support approval and contract monitoring requirements. [Rescinded].

Rescinded eff 2-15-09

5101:12-10-45.6 IV-D county contracts; CSEA contract monitoring and evaluation requirements. [Rescinded].

Rescinded eff 2-15-09

5101:12-10-45.7 IV-D county contracts; record retention requirements. [Rescinded].

Rescinded eff 2-15-09

5101:12-10-65 Unclaimed funds. [Rescinded].

Rescinded eff 11-15-08

5101:12-10-70 Termination of services.

(A) This rule describes the conditions that must exist and the process a child support enforcement agency (CSEA) shall use to terminate IV-D services or to terminate support enforcement program services (i.e., case closure).

(B) Terms used in this rule.

(1) "Alleged father," as used in this rule, means a man who alleges or is alleged to be the father of a child.

(2) "Caretaker," as used in this rule, means the custodial parent, individual, or agency that is or may become the beneficiary of a support order.

(3) "Case closure" means the termination of support enforcement program services.

(4) "Duty to provide support enforcement program services" means the responsibility, imposed pursuant to section 3125.11 of the Revised Code, to enforce support orders in the county the CSEA services.

(5) "IV-D case" is defined in rule 5101:12-10-01 of the Administrative Code.

(6) "IV-D services" are identified in rule 5101:12-10-01 of the Administrative Code and also include support enforcement program services.

(7) "Non-custodial parent" or "NCP" means an individual who is or may become obligated to pay support.

(8) "Non IV-D case" is defined in rule 5101:12-10-01 of the Administrative Code.

(9) "Non-public assistance case" or "NPA case," for the purposes of this rule, is a IV-D case in which:

(a) The CSEA approved a IV-D application;

(b) The CSEA received a IV-D referral but the Ohio works first (OWF), medicaid, or Title IV-E foster care maintenance (FCM) benefits have terminated. There may or may not be assigned arrears; or

(c) The CSEA received a IV-D referral and the child is currently receiving medicaid benefits and one of the following exists:

(i) The caretaker with whom the child resides is not receiving medicaid benefits; or

(ii) The caretaker with whom the child resides is receiving medicaid benefits and the caretaker meets one of the exceptions to cooperation in accordance with paragraph (D)(1)(b) of rule 5101:12-10-31 of the Administrative Code.

(10) "Public assistance case" or "PA case," for the purposes of this rule, means a IV-D case in which the CSEA received a IV-D referral and:

(a) The child is currently receiving OWF or FCM benefits; or

(b) The child is currently receiving medicaid benefits, the caretaker with whom the child resides is receiving medicaid benefits, and the caretaker is required to cooperate with the CSEA in accordance with paragraph (D) of rule 5101:12-10-31 of the Administrative Code.

(11) "Recipient of IV-D services," for the purposes of this rule, means:

(a) The individual who signed the approved IV-D application; or

(b) The caretaker in a IV-D referral.

(12) "Support enforcement program services" are identified in rule 5101:12-10-01 of the Administrative Code.

(C) When the phrase "terminate services" is used in this rule, it refers to the decision made by the CSEA to either terminate all services or to terminate IV-D services but continue to provide support enforcement program services. The decision made by the CSEA must be made based on one of the criteria described in paragraph (D) of this rule. To further clarify, when the CSEA elects to terminate services, then:

(1) In a IV-D case:

(a) IV-D services terminate but the CSEA shall continue to provide support enforcement program services when the CSEA has a duty to provide support enforcement program services. The case is then considered a non-IV-D case.

(b) Case closure shall occur when IV-D services have been terminated and the CSEA has no duty to provide support enforcement program services.

(2) In a non-IV-D case, case closure shall occur when the CSEA has no duty to provide support enforcement program services.

(D) A CSEA may terminate services when the case record contains verification that the case meets one of the following criteria:

(1) There is no current support obligation owed to the caretaker and one of the following applies:

(a) The child is no longer in the home of the caretaker and there is no support order or no arrears are owed under a terminated support order.

Use of this criterion shall result in case closure.

(b) There is no duty of support, as described in section 3103.03 of the Revised Code, owed to the caretaker, and paternity establishment is not required.

Use of this criterion shall result in case closure.

(c) The court or administrative support order has been terminated and there are no arrears or the total of all arrears is less than five hundred dollars and a payment has not been received on the case within the preceding six months.

Use of this criterion shall result in a non-IV-D case when there are arrears or case closure when there are no arrears.

(d) The court or administrative support order has been terminated, the arrears are unenforceable under state law, and a payment has not been received on the case within the preceding six months.

Use of this criterion shall result in a non-IV-D case.

(2) The NCP has died and no further support enforcement program services, including a levy against the estate, can be provided.

Use of this criterion shall result in case closure.

(3) The CSEA cannot establish paternity because:

(a) The child is twenty-three years of age or older and the action to establish paternity is barred by statute of limitations as specified in section 3111.05 of the Revised Code;

(b) Genetic testing has excluded the alleged father;

(c) There is a final and enforceable determination of paternity that determines that the alleged father is not the father of the child or that another man is the father of the child;

(d) The CSEA has determined that it would not be in the best interest of the child to establish paternity in a case involving incest or forcible rape or where legal proceedings for adoption are pending; or

(e) The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by the CSEA with the recipient of IV-D services.

Use of this criterion shall result in case closure.

(4) The NCP's location is unknown, the CSEA has made diligent efforts to locate the NCP using multiple sources, as described in rules 5101:12-20-05 to 5101:12-20-05.3 of the Administrative Code, and all efforts have been unsuccessful over a period of:

(a) Three years when there is sufficient information to initiate an automatic locate effort; or

(b) One year when there is not sufficient information to initiate an automatic locate effort.

Use of this criterion shall result in a non-IV-D case when there is a support order or arrears or in case closure when there is no support order or arrears.

(5) The NCP has no available income or assets that could be levied or attached for support and cannot pay support for the duration of the child's minority because:

(a) The NCP is institutionalized in a psychiatric facility;

(b) The NPC is incarcerated with no chance for parole; or

(c) The NCP has a medically verified total and permanent disability with no evidence of support potential.

Use of this criterion shall result in a non-IV-D case when there is a support order or arrears or in case closure when there is no support order or arrears.

(6) The NCP is a citizen of and lives in a foreign country and:

(a) Does not work for the federal government or a company with headquarters or offices in the United States;

(b) Has no reachable domestic income or assets; and

(c) Ohio has been unable to establish reciprocity with that country.

Use of this criterion shall result in a non-IV-D case when there is a support order or arrears or in case closure when there is no support order or arrears.

(7) The case was opened for location services only, location services have been completed, and a final location response has been sent to the caretaker.

This criterion shall only be used in an NPA case or a Title IV-E, non-FCM case when the case was opened as a result of a request for location services only. Use of this criterion shall result in a non-IV-D case when there is a support order or arrears or in case closure when there is no support order or arrears.

(8) The recipient of IV-D services requests that the CSEA terminate IV-D services.

(a) This criterion shall only be used in a case when there are no assigned arrears and the CSEA:

(i) Approved a IV-D application; or

(ii) Received a IV-D referral but the OWF, medicaid, or FCM benefits have terminated.

(b) Use of this criterion shall result in a non-IV-D case when there is a support order or arrears or in case closure when there is no support order or arrears.

(9) The CSEA has:

(a) Approved a good cause waiver or determined other exceptions to cooperation; and

(b) Determined that no support enforcement services may be provided without risk of harm to the child or caretaker.

This criterion shall only be used in a PA case. Use of this criterion shall result in case closure.

(10) The CSEA is unable to contact the recipient of IV-D services within a sixty day period despite an attempt of at least one letter sent by first class mail to the last known address of the recipient of IV-D services.

This criterion shall only be used in an NPA case when there are no assigned arrears. Use of this criterion shall result in a non-IV-D case when there is a support order or arrears or in case closure when there is no support order or arrears.

(11) The CSEA documents the circumstances of non-cooperation by the recipient of IV-D services and an action by the recipient of IV-D services is essential for the next step in providing services.

This criterion shall only be used in an NPA case when there are no assigned arrears. Use of this criterion shall result in a non-IV-D case when there is a support order or arrears or in case closure when there is no support order or arrears.

(12) The CSEA documents that the initiating state has failed to take an action after repeated requests from the CSEA for additional information or documents, that is essential for the CSEA to take the next step in providing services.

Use of this criterion shall result in case closure if there is no Ohio controlling order on the case, or there are no assigned arrears owed to Ohio. If there is an Ohio controlling order, or if there are assigned arrears owed to Ohio, the use of this criterion shall result in a non-IV-D case.

(13) The initiating agency has notified the CSEA that the initiating state has closed its case. The CSEA shall close the case within ten business days of receiving the notification.

Use of this criterion shall result in case closure if there is no Ohio controlling order on the case, or there are no assigned arrears owed to Ohio. If there is an Ohio controlling order, or if there are assigned arrears owed to Ohio, the use of this criterion shall result in a non-IV-D case.

(14) The initiating agency has notified the CSEA that the CSEA's intergovernmental services are no longer needed. The CSEA shall close the case within ten business days of receiving the notification.

Use of this criterion shall result in case closure if there is no Ohio controlling order on the case, or there are no assigned arrears owed to Ohio. If there is an Ohio controlling order, or if there are assigned arrears owed to Ohio, the use of this criterion shall result in a non-IV-D case.

(15) In a non-IV-D case, a court has, in accordance with section 3121.441 of the Revised Code, permitted the obligor to make spousal support payments directly to the obligee instead of to the office of child support when:

(a) The obligee and obligor have no minor children born as a result of their marriage; and

(b) The obligee has not assigned the spousal support amounts to the Ohio department of job and family services.

This criterion shall only be used in a non-IV-D case. Use of this criterion shall result in case closure.

(16) The case was opened in error or another administrative reason exists to close the case.

Use of this criterion shall result in case closure.

(E) In a IV-D case, the CSEA shall make reasonable efforts to establish paternity or a child support order, when appropriate, prior to terminating IV-D services.

(F) Notice of termination of services.

(1) Sixty days prior to terminating services, the CSEA shall issue a JFS 07046, "Pending Case Closure Notice" (rev. 11/2004), to:

(a) The recipient of IV-D services when services are proposed for termination pursuant to paragraphs (D)(1) to (D)(6), (D)(10), or (D)(11) of this rule.

(b) The initiating state in an interstate case when services are proposed for termination pursuant to paragraph (D)(12) of this rule.

(2) The IV-D case must be open when, during the sixty day period:

(a) Contact is reestablished with the recipient of IV-D services and the case was proposed for termination pursuant to paragraph (D)(10) of this rule;

(b) In response to the JFS 07046, the recipient of IV-D services or the initiating state supplies information that could lead to any of the following:

(i) Establishment of paternity;

(ii) Establishment of a child support order; or

(iii) Enforcement of a child support order.

(G) Termination of support enforcement program services in a non-IV-D case with an existing arrears balance.

(1) The CSEA may terminate support enforcement program services and close a non-IV-D case when the support order has been terminated and:

(a) The total of all arrears is less than one hundred fifty dollars; or

(b) There has been no collection received on the case during the past three years and all manual and automated location or enforcement methods have been unsuccessful.

(2) When the CSEA proposes to terminate support enforcement program services and close a non-IV-D case, the CSEA shall issue a notice to the last known address of the parties to the support order that contains the following information:

(a) The arrears balances, when applicable;

(b) Either party to the support order may request that the CSEA continue providing support enforcement program services by contacting the CSEA in writing within sixty days of the date on the notice;

(c) After the case has been closed, either party to the support order may contact the CSEA at any time and request that the CSEA resume providing support enforcement program services or IV-D services; and

(d) The CSEA will reopen the case at a later date when a collection is received on the case.

(3) The CSEA may close the non-IV-D case when neither party has contacted the CSEA within sixty days of the date of the notice described in paragraph (G)(2) of this rule to request that the CSEA continue to provide services.

(4) When the CSEA closes the non-IV-D case, the arrears balances that display on the support enforcement tracking system (SETS) must accurately reflect the arrears balances owed on the case.

(5) When the CSEA has closed a non-IV-D case, the CSEA shall reopen the case in accordance with rule 5101:12-10-02 of the Administrative Code or when a collection is received on the case.

Effective: 11/01/2011
R.C. 119.032 review dates: 12/01/2014
Promulgated Under: 119.03
Statutory Authority: 3123.121 , 3125.25
Rule Amplifies: 3121.441 , 3123.12 , 3125.11
Prior Effective Dates: 8/1/82, 11/11/82, 7/1/83, 1/1/84, 7/11/87, 12/1/87, 7/15/88, 12/20/88, 6/2/89, 9/1/89, 10/1/90, 11/1/91, 4/1/92, 7/1/96, 10/1/99, 2/22/02, 6/15/06, 5/15/08, 12/15/09

5101:12-10-72 Continuation of services.

(A) Within five business days of being notified that a family is no longer eligible for Ohio works first, medicaid, or Title IV-E foster care maintenance benefits, the support enforcement tracking system will issue a JFS 07607, "Case Continuation Notice" (rev. 04/1996), to the last known address of the custodial parent or caretaker.

(B) The child support enforcement agency shall continue to provide IV-D services and support enforcement program services until such time as the case meets one of the criteria to terminate IV-D services described in rule 5101:12-10-70 of the Administrative Code.

Replaces: 5101:1-29-13

R.C. 119.032 review dates: 11/23/2011 and 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 3125.11
Prior Effective Dates: 9/1/76, 8/1/82, 11/1/83, 1/7/85, 1/9/86, 1/1/87 (Emer), 3/20/87, 12/1/87, 6/10/88, 12/29/88, 4/1/89, 12/1/89, 8/1/90, 4/1/90, 4/1/91, 11/1/91, 10/1/96, 12/30/97, 4/18/03, 6/15/06

5101:12-10-80.1 CRIS-E/SETS automated interface. [Rescinded].

Rescinded eff 12-1-08

5101:12-10-85 [Rescinded]Consumer reporting agency inquiry.

Effective: 07/01/2010
R.C. 119.032 review dates: 03/22/2010
Promulgated Under: 119.03
Statutory Authority: 3125.03 , 3125.25
Rule Amplifies: 3123.931 , 3123.932
Prior Effective Dates: 12/1/86, 6/1/91, 7/1/02, 1/1/05

5101:12-10-90 New hire reporting program.

(A) Federal law at 42 U.S.C. 653a(1998) requires the implementation of a new hire reporting program in each state to accomplish the purpose of locating parents, establishing paternity, and establishing and enforcing support obligations of parents. This rule and its supplemental rules describe the Ohio new hire reporting program.

(B) The following definitions shall be used in this rule and its supplemental rules.

(1) "Contractor" means an individual who provides services to an employer as an independent contractor for compensation that is reported as income other than wages and who is an individual, the sole shareholder of a corporation, or the sole member of a limited liability company. "Contractor" does not include any of the following:

(a) An individual performing intelligence or counterintelligence functions for a state agency if the head of the agency has determined that reporting pursuant to this section could endanger the safety of the individual or compromise an ongoing investigation or intelligence mission;

(b) A professionally licensed person who is providing services to the employer under that license; or

(c) An individual who will receive for the services provided under the contract compensation of less than two thousand five hundred dollars per year.

(2) "Employee" means an individual who is employed to provide services to an employer for compensation that is reported as income from wages. "Employee" does not include an individual performing intelligence or counterintelligence functions for a state agency, if the head of the agency has determined that reporting pursuant to this paragraph could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.

(3) "Employer" means any person or government entity other than the federal government for which an individual performs any service, of whatever nature, as the employee or contractor of such person, except that:

(a) If the person for whom the individual performs services does not have control of the payment of compensation for the services, employer means the person having control of the payment of the compensation.

(b) In the case of a person paying compensation on behalf of a nonresident alien individual, foreign partnership, or foreign corporation not engaged in trade or business within the United States, "employer" means the person paying the compensation.

(c) In the case of compensation paid to a contractor, "employer" does not include any person or entity that lacks a federal employer identification number.

(4) "Professionally licensed person" has the same meaning as in section 2925.01 of the Revised Code.

(C) The new hire reports required by this rule and its supplemental rules shall not be considered public records for purposes of section 149.43 of the Revised Code. Ohio department of job and family services (ODJFS) may disclose information in the new hire reports to any agent of the department or child support enforcement agency (CSEA) that is under contract with ODJFS for the purposes listed in paragraph (E) of rule 5101:12-10-90.2 and paragraph (D) of rule 5101:12-10-90.3 of the Administrative Code. ODJFS may submit to the bureau of workers' compensation a copy of any new hire report it receives.

Replaces: Part of 5101:1-30-12

R.C. 119.032 review dates: 06/01/2010 and 06/01/2015
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3121.89 , 3121.8910 , 3125.03
Prior Effective Dates: 10/1/97 (Emer), 12/30/97, 12/1/01, 9/1/05

5101:12-10-90.1 Employer responsibilities.

(A) Every employer shall make a new hire report to the Ohio department of job and family services (ODJFS) regarding the hiring, rehiring, or return to work as an employee, or contractor, of a person who resides, works, or will be assigned to work in this state to whom the employer anticipates paying compensation.

(B) An employer with employees or contractors in two or more states that transmits new hire reports magnetically or electronically may make the new hire report to another state if the employer does both of the following:

(1) Notifies ODJFS and the United States secretary of health and human services in writing that the employer has designated another state as the state to which the employer will transmit the report; and

(2) Transmits the report to that state in compliance with federal law.

(C) An employer shall include all of the following in each new hire report:

(1) For each employee, the employee's name, address, date of birth, social security number, and date of hire, rehire, or return to work;

(2) The date services were first performed by the employee for pay;

(3) For each contractor, the contractor's name, address, social security or tax identification number, the date payments begin, and the length of time the contractor will be performing services for the employer; and

(4) The employer's name, address, and identification number.

(D) An employer may make a new hire report by submitting a copy of the United States internal revenue service form W-4 (employee's withholding allowance certificate) for the employee, a form provided by ODJFS, or any other hiring document or data storage device or mechanism ODJFS authorizes. An employer may make the new hire report by mail, fax, magnetic or electronic means, or other means ODJFS authorizes. If an employer makes a new hire report by mail, the date of making the report is the postmark date if the report is mailed in the United States with first-class postage and is addressed as ODJFS authorizes. An employer shall make the new hire report no later than twenty days after the date on which the employer hires or rehires an employee or the employee returns to work or the date on which the employer engages or re-engages the contractor or the contractor resumes providing services under the contract.

(E) An employer that fails to make a new hire report shall be liable to ODJFS for a civil penalty of twenty-five dollars for each failure to make a report. If the failure to make a new hire report is the result of a conspiracy between the employer and the employee not to supply the report or to supply a false or incomplete report, the employer shall be liable for a civil penalty of five hundred dollars for each such failure.

Effective: 12/01/2011
R.C. 119.032 review dates: 06/01/2015
Promulgated Under: 119.03
Statutory Authority: 3121.8911 , 3125.25
Rule Amplifies: 3121.891 , 3121.892 , 3121.893 , 3121.8910 , 3125.03
Prior Effective Dates: 10/1/97 (Emer), 12/30/97, 12/1/01, 9/1/05

5101:12-10-90.2 New hire directory of employees.

(A) The Ohio department of job and family services (ODJFS) shall, within five days of receipt of a new hire report from an employer regarding an employee, enter the information described in division (A)(1) of section 3121.892 of the Revised Code into the new hire directory of employees, which shall be part of or accessible to the automated data processing system required pursuant to section 3125.07 of the Revised Code.

(B) ODJFS shall make comparisons of the social security numbers obtained pursuant to division (A)(1) of section 3121.892 of the Revised Code and the social security numbers appearing in the case registry maintained pursuant to sections 3121.81 to 3121.86 of the Revised Code.

(C) If the comparison conducted by ODJFS described in paragraph (B) of this rule results in a match, the support enforcement tracking system (SETS) will automatically generate, within two business days, a JFS 04047, " Order/Notice to Withhold Income for Child and Spousal Support" (rev. 5/2012), to the employer pursuant to section 3121.03 of the Revised Code, unless the employee's income is not subject to withholding, and shall take any other appropriate action under Chapters 3119., 3121., 3123., and 3125. of the Revised Code.

(D) Within three business days after information is entered into the new hire directory, ODJFS shall furnish the information to the national directory of new hire. ODJFS shall furnish to the national directory of new hire on a quarterly basis such information contained in the records of the department as is required by state and federal law.

(E) ODJFS shall use the new hire reports it receives to locate individuals for the purposes of establishing paternity; for establishing, modifying, and enforcing support orders being administered by child support enforcement agencies in this state; and to detect fraud in any program administered by ODJFS.

Effective: 03/01/2013
R.C. 119.032 review dates: 11/01/2012 and 03/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3121.89 , 3121.8910 , 3125.03
Prior Effective Dates: 10/1/97 (Emer.), 12/30/97, 12/1/01, 9/1/05

5101:12-10-90.3 New hire directory of independent contractors.

(A) When the Ohio department of job and family services (ODJFS) receives a new hire report from an employer regarding an independent contractor, ODJFS shall enter the information described in division (A)(2) of section 3121.89.2 of the Revised Code into the new hire directory of independent contractors.

(B) ODJFS shall make comparisons of the social security numbers obtained pursuant to division (A)(2) of section 3121.89.2 of the Revised Code and the social security numbers appearing in the case registry maintained pursuant to sections 3121.81 to 3121.86 of the Revised Code.

(C) If the comparison conducted by ODJFS described in paragraph (B) of this rule results in a match, ODJFS shall notify each child support enforcement agency (CSEA) with administrative responsibility for the case in which the social security number matches that of the obligor and provide the CSEA with the reported information regarding the contractor.

(D) The CSEA shall use the new hire reports it receives to locate individuals for the purposes of establishing paternity and for establishing, modifying, and enforcing support orders being administered by child support enforcement agencies in this state.

Replaces: Part of 5101:1-30-12

R.C. 119.032 review dates: 06/01/2010 and 06/01/2015
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3121.89 , 3121.891 , 3125.03
Prior Effective Dates: 10/1/97 (Emer), 12/30/97, 12/1/01, 9/1/05