Lawriter - OAC - 5101:12-50-65 Office of child support poster program.

5101:12-50-65 Office of child support poster program.

(A) In accordance with section 3123.95 of the Revised Code, the office of child support (OCS), in the Ohio department of job and family services (ODJFS), shall establish a program to increase child support collections by publishing and distributing a series of posters displaying child support obligors who are delinquent in their support payments. OCS shall use funds appropriated by the general assembly for child support administration to conduct an OCS poster program. OCS may publish and distribute OCS posters annually.

(B) Each OCS poster shall include:

(1) Photographs of and information about ten obligors who meet the submittal criteria outlined in paragraph (C)(1) of this rule as confirmed by the child support enforcement agency (CSEA);

(2) A toll-free telephone number for OCS that the public may use to report information regarding the whereabouts of any of the obligors displayed on an OCS poster; and

(3) Any other information that OCS considers appropriate.

(C) In accordance with sections 3123.951 and 3123.952 of the Revised Code, any CSEA that chooses to participate in the OCS poster program shall:

(1) Confirm all of the following:

(a) That the obligor is subject to a support order being administered by an Ohio CSEA that has attempted to enforce the order via a public notice, wage withholding order, financial institution deduction order, assertion of a lien, or other court-ordered procedures;

(b) That the obligor's whereabouts are unknown or unable to be confirmed;

(c) That the obligor is not a participant in or recipient of Ohio works first (OWF); the prevention, retention, and contingency (PRC) program; disability financial assistance (DFA); supplemental security income (SSI); or supplemental nutrition assistance program benefits (SNAP);

(d) That the obligor has not filed for protection under federal bankruptcy codes;

(e) That written authorization was obtained from the obligee via the JFS 07021, "Authorization to Include Delinquent Obligor on Poster" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), to display the obligor on an OCS poster; and

(f) That a legal representative and an administrator of the CSEA have reviewed the case.

(2) Complete the JFS 07024, "'Most Wanted List' Fact Sheet" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), and submit it along with a photograph and statement of possible locations of the obligor to OCS.

(D) The CSEA shall not submit the address of or any other personal information about the obligee when the CSEA submits the name of the obligor to OCS.

(E) OCS shall select obligors to be displayed from the names submitted by CSEAs, review the obligor's records, and confirm the CSEA's finding that the obligor meets the criteria for display on an OCS poster.

(F) In accordance with section 3123.956 of the Revised Code, OCS shall send a notice to each obligor whose name was submitted to be displayed on the OCS poster via the JFS 07022, "Notice to Obligor: Inclusion on Poster" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), by ordinary, first class mail to the obligor's last known address. The JFS 07022 shall state that the obligor may avoid being included on the OCS poster by doing all of the following within ninety days after receipt of the JFS 07022:

(1) Make a payment that is at least equal to the monthly obligation;

(2) Provide the CSEA with a current address;

(3) Provide the CSEA with evidence from each current employer of current wages, salary, and other compensation; and

(4) Provide the CSEA with evidence that arrangements have been made for withholding from the obligor's wages, salary, or other compensation to pay support and arrears.

(G) When the CSEA determines that any obligor who was submitted to be displayed on an OCS poster has met the provisions in paragraph (F) of this rule, the CSEA shall immediately notify OCS of the determination by contacting the poster program coordinator in OCS by email, regular mail, or telephone. OCS shall remove the obligor from the list of names submitted before making the final selection.

(H) OCS will notify the CSEA when an obligor is selected for inclusion on the OCS poster.

(I) The CSEA shall notify the obligee of the obligor's selection via the JFS 07023, "Selection for 'Most Wanted List'" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code) and request the obligee to verify the information contained in the JFS 07023. If the information has changed, the CSEA shall provide updated information to OCS.

Effective: 3/1/2017
Five Year Review (FYR) Dates: 11/30/2016 and 03/01/2022
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3123.95, 3123.951, 3123.952, 3123.953, 3123.954, 3123.955, 3123.956, 3123.957, 3123.958
Prior Effective Dates: 7/15/92, 7/1/02, 1/1/06, 12/1/06, 3/1/12, 2/1/14