5101:9-6-90 Child support enforcement agency (CSEA) funding.

(A) Purpose.

This rule describes the funding of the CSEA and the Title IV-D program administered by the Ohio department of job and family services (ODJFS).

Subject to the availability of federal funds and appropriations made by the Ohio general assembly, ODJFS will make state and federal funds available to the CSEA for allowable child support operating expenses.

(B) Administrative fund.

In accordance with rule 5101:9-6-83 of the Administrative Code, each CSEA has an administrative fund for the operation of a child support enforcement program. The CSEA deposits all child support funding into the child support administrative fund in accordance with 2 C.F.R. 225, 45 C.F.R. 304, and the ODJFS Title IV-D state plan.

(C) In accordance with section 3125.19 of the Revised Code, the board of county commissioners of each county budgets and appropriates to the CSEA serving the county both of the following:

(1) All federal money payable to the CSEA on the basis of its success in implementing activities related to child support enforcement under Title IV-D; and

(2) Any funds received from other federal or state sources for the CSEA, including, but not limited to:

(a) Federal financial participation (FFP) of expenditures allowable under Title IV-D;

(b) Incentives earned on medical support payments and funds from additional sources described in rule 5101:12-1-50 of the Administrative Code; and

(c) State funds appropriated as the state child support match funding in accordance with rule 5101:9-6-80 of the Administrative Code.

(D) Funding.

Title IV-D allowable costs are eligible for federal funding at sixty-six per cent under an approved ODJFS Title IV-D state plan. The CSEA shall use state and local funds provided to the CSEA for the Title IV-D program as the thirty-four per cent match. The percentage of participation at the federal and state level is applicable only to allowable costs, up to the maximum amount of funds available. Non-allowable or non-reimbursable costs are not eligible for federal or state financial participation. These costs must be met through one hundred per cent local funds.

(1) FFP.

FFP reimbursement is available for reasonable and necessary CSEA expenditures for Title IV-D services and activities properly attributable to the operation of the support enforcement program.

(a) FFP reimbursement is based on the general principles for determining allowable costs in accordance with 2 C.F.R. 225.

(b) The source of funds for the Title IV-D program is the federal child support enforcement grant; catalog of federal domestic assistance (CFDA) number 93.563.

(c) The United States department of health and human services (HHS) awards a federal grant to ODJFS quarterly, based on estimates of funds needed to provide Title IV-D services to individuals.

(2) Federal child support incentives.

The federal office of child support enforcement determines Ohio's federal incentive payment by applying a formula to the total incentive dollars available nationally for the federal fiscal year (FFY), October first through September thirtieth.

(a) ODJFS receives incentive payments from HHS and issues the funding to the CSEA.

(b) Incentives earned are based on estimates of the amount of incentives Ohio will receive from HHS during the FFY.

(c) Federal child support incentive payments are described in rule 5101:9-6-30 of the Administrative Code.

(3) State and local match.

The CSEA must use state and local funds for the thirty-four per cent nonfederal share of eligible costs; the difference between the percentage of FFP and one hundred per cent. The CSEA may use any of the following as the nonfederal share:

(a) The state child support allocation as described in rule 5101:9-6-80 of the Administrative Code.

(b) Incentives earned on medical support payments and funds from additional sources described in rule 5101:12-1-50 of the Administrative Code.

(c) Child support incentives under the conditions described in rule 5101:9-6-30 of the Administrative Code.

(d) Funds appropriated by the county commissioners from the county general fund.

(e) The following revenues received from non Title IV-D case activity:

(i) Processing charges received from non income withholding collections on non Title IV-D cases;

(ii) Interest; and

(iii) Copying charges.

(f) Public funds, other than those derived from private resources, under the following conditions:

(i) The funds must be appropriated directly to the CSEA;

(ii) The funds are from another public agency and are treated as follows:

(a)Transferred to the CSEA and are under the CSEA's administrative control; or

(b)Certified by the contributing public agency as representing expenditures under the ODJFS Title IV-D state plan, subject to the limitations of this rule.

(iii) The funds are not federal funds, unless authorized by federal law to be used to match other funds; or (iv) The funds are not used to match other federal funds.

(4) Program income.

The CSEA shall use revenues resulting from Title IV-D case activity for the operation of the child support program. Details regarding Title IV-D program income are available in rule 5101:12-1-53 of the Administrative Code.

(a) The CSEA deducts Title IV-D program income revenue from expenditures reported for federal reimbursement.

(b) The CSEA shall not use Title IV-D program income as any portion of the nonfederal share of program funding.

(E) Draws and reporting.

The CSEA may access federal funds and its state allocation via cash draws through the county finance information system (CFIS) in accordance with rules 5101:9-6-30 and 5101:9-7-02 of the Administrative Code. Available funding is limited to the amount needed for actual and immediate Title IV-D expenditures.

(1) The CSEA shall determine the source of the state or local match and draw the funding accordingly.

(a) If the CSEA is using state funds for the match, the CSEA may draw the federal portion of sixty-six per cent and the state portion of thirty-four per cent of the total expenditures.

State funding available is limited to the state fiscal year (SFY) allocation for the CSEA. The SFY is July first through June thirtieth.

(b) If the CSEA is using local funds for the match, the CSEA may only draw the federal portion of sixty-six per cent.

(2) The CSEA shall report revenues and expenditures on the JFS 2750 or the JFS 02827 as described in rule 5101:9-7-29 of the Administrative Code.

Effective: 06/01/2010
R.C. 119.032 review dates: 06/01/2015
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 307.981, 3125.03, 3125.19, 3125.191, 3125.21,