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