5101:12-70-05 Scope and definitions for intergovernmental cases.

(A) This rule and its supplemental rules describe the procedures for processing an intergovernmental case for child support enforcement services.

(B) An initiating or responding child support enforcement agency (CSEA) as defined in this rule shall process intergovernmental cases in accordance with this rule and its supplemental rules, federal regulations found at 45 C.F.R. 303.7 effective January 03, 2011, and provisions of the Uniform Interstate Family Support Act (UIFSA) enacted as sections 3115.01 to 3115.59 of the Revised Code. This rule and its supplemental rules do not apply when a court is acting as the tribunal pursuant to division (X) of section 3115.01 of the Revised Code.

(C) The following definitions, as well as those found in section 3115.01 of the Revised Code, apply to this rule and its supplemental rules:

(1) "Agency," for the purpose of this rule, means a child support enforcement agency (CSEA), acting as a tribunal in accordance with section 3115.05 of the Revised Code, another state, a tribal IV-D agency, or an agency in a country, as defined in this rule.

(2) "Central authority" means the agency designated by a government to facilitate support enforcement with a foreign reciprocating country (FRC) pursuant to section 459A of the Social Security Act effective July 01, 1997.

(3) "Child Support Enforcement Network" (CSENet) is an electronic communications network developed by the federal office of child support enforcement (OCSE) that automatically transmits and receives child support information to and from other states. States use standard CSENet transactions to electronically request or report the obligor location, establishment of paternity and child support order, enforcement of the child support order, and collection activities as well as to transfer interstate case information between states.

(4) "Continuing exclusive jurisdiction" (CEJ) is a tool for use in determining which child support order shall be the controlling order as well as in determining the correct jurisdiction in which a controlling order may be modified. A state has CEJ over a valid child support order issued in that state at any time either the obligee, obligor or the child resides in that state.

(5) "Controlling order state" means:

(a) The state in which the only child support order was issued; or

(b) Where multiple orders exist, the state in which the order determined by a tribunal to control the prospective current child support order was issued.

(6) "Country" means a foreign country (or a political subdivision thereof) declared to be an FRC under section 459A of the Social Security Act and any foreign country (or political subdivision thereof) with which the state has entered into a reciprocal arrangement for the establishment and enforcement of child support obligations to the extent consistent with federal law pursuant to section 459A(d) of the Social Security Act.

(7) "Form" means a federally-approved document used for the establishment and enforcement of child support obligations whether compiled or transmitted in written or electronic format. In interstate cases, such forms include those used for child support enforcement proceedings under UIFSA and described in rule 5101:12-10-70-05.11 of the Administrative Code.

(8) "Initiating agency" means an agency in which an individual has applied for or is receiving services.

(9) "Intergovernmental case" means a case in which the obligor lives and/or works in a different jurisdiction than the obligee and child(ren) that has been referred by an initiating agency to a responding agency for services. An intergovernmental case may include any combination of referrals between states, tribes, and countries. An intergovernmental case also may include cases in which a state agency is seeking only to collect support arrearages, whether owed to the family or assigned to the state.

(10) "Interstate case" means a case in which the obligor lives and/or works in a different state than the obligee and child(ren) that has been referred by an initiating state to a responding state for services. An interstate case includes only a case between states or between a state and the United States territories. An interstate case may include a case in which a state is seeking only to collect support arrearages, whether owed to the family or assigned to the state.

(11) "One-state remedies" means the exercise of a state's jurisdiction over an obligor for the purpose of direct establishment, enforcement, or other action by a state against an obligor in accordance with the long arm provision of UIFSA.

(12) "Registration" means the act of taking jurisdiction over a child support order that was issued by a tribunal of another state for the purpose of enforcement or modification of that order in Ohio as requested by the initiating agency.

(13) "Responding agency" means the agency that is providing services in response to a referral from an initiating agency in an intergovernmental case.

(14) "Tribunal" has the same meaning as in division (X) of section 3115.01 of the Revised Code.

(15) "Uniform Interstate Family Support Act" (UIFSA) means the model act promulgated by the "National Conference of Commissioners on Uniform State Laws" (NCCUSL) and mandated by section 466(f) of the Social Security Act to be in effect in all states.

Replaces: 5101:12-70-05

Effective: 11/01/2011
R.C. 119.032 review dates: 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.01 , 3125.03
Prior Effective Dates: 1/1/98, 3/1/03, 9/1/05