This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 5101:12-1-01 | The support enforcement program.
Effective:
February 11, 2019
(A) The office of child support (OCS)
within the Ohio department of job and family services (ODJFS) has been
established in accordance with section 3125.02 of the Revised
Code. (1) In accordance with
section 3125.03 of the Revised Code, OCS is responsible for the establishment
and administration of a support enforcement program that meets the requirements
of Title IV-D of the Social Security Act, Pub. L. No. 93-647, 88 Stat. 2351
(1975), 42 U.S.C. 651 (8/22/1996), and any rules adopted under Title IV-D. The
program of child support enforcement shall 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 actions appropriate to child support
enforcement. (2) In accordance with
section 3125.05 of the Revised Code, OCS is responsible for the establishment
of a program of spousal support enforcement in conjunction with the program of
child support enforcement. The program is required to conform, to the extent
practicable, to the program for child support enforcement established pursuant
to section 3125.03 of the Revised Code. (B) Pursuant to section 3125.10 of the
Revised Code each county shall have a child support enforcement agency
(CSEA). (C) In accordance with section 3125.11 of
the Revised Code, the CSEA shall operate a support enforcement program. The
CSEA shall perform all administrative duties related to any case for which it
has administrative responsibility to provide support enforcement program
services pursuant to rule 5101:12-10-03 or 5101:12-10-04 of the Administrative
Code. (D) In accordance with section 3125.13 of
the Revised Code, the CSEA may contract with public agencies and private
vendors for assistance in establishing paternity or support obligations or for
the performance of other administrative duties of the CSEA. (E) In accordance with section 3125.24 of the Revised Code,
the CSEA shall be operated under the supervision of OCS in accordance with the
program of child support enforcement established pursuant to section 3125.03 of
the Revised Code. OCS shall ensure that all child support enforcement agencies
comply with all applicable state and federal support regulations, including the
affirmative duties of Title IV-D of the Social Security Act. (F) ODJFS/OCS may take action in accordance with section
5101.24 of the Revised Code when a CSEA fails to comply with the requirements
of all applicable state and federal laws governing the support enforcement
program, including the affirmative duties of Title IV-D of the Social Security
Act. (G) In accordance with section 3125.10 of the Revised Code,
the CSEA may be organized as a government entity designated under former
section 2301.35 of the Revised Code prior to October 1, 1997, or as a private
or government entity designated under section 307.981 of the Revised Code on or
after that date. (H) In accordance with section 3125.12 of the Revised Code,
the CSEA is required to enter into a plan of cooperation with the board of
county commissioners under section 307.983 of the Revised Code and to comply
with each grant agreement the board enters into under section 307.98 and
contracts the board enters into under sections 307.981 and 307.982 of the
Revised Code that affect the agency. As used within agency 5101 of the
Administrative Code, "board of county commissioners" includes
alternative forms of government authorized by Chapter 302. of the Revised
Code. (I) The CSEA's services and activities are subject to
the administrative hearing procedures of division 5101:6 of the Administrative
Code. (J) Each CSEA shall: (1) Develop and maintain
a handbook of internal procedures. The CSEA shall revise the handbook whenever
a program change requires modification of local procedures. The CSEA shall
submit such revisions to the handbook to OCS within thirty days of the
revision. The CSEA shall ensure that the handbook contains sufficient detail to
be useful in orienting new staff and serves as an up-to date reference for all
staff. At a minimum, the handbook must describe the local procedures in place
to ensure that the program is in compliance with the Administrative Code,
Revised Code, Code of Federal Regulations, and United States Code. Copies of
all local forms used and instructions for completing the forms must be
included. Upon request, the handbook must be available to OCS staff for program
review. (2) Develop and maintain
an up-to-date agency table of organization. The table of organization must be
submitted to OCS staff for review every year by the thirty-first day of
December or within thirty days of any significant change to the CSEA's
structure.
Last updated October 12, 2023 at 10:49 AM
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Rule 5101:12-1-10 | Definitions.
(A) The following definitions apply to
the rules contained in division 5101:12 of the Administrative
Code: (1) "Case"
means a matter involving an individual who is or may become obligated by a
support order and the beneficiary of that support order. (a) "IV-D case" means a case with a parent or alleged
parent who is now or eventually may be obligated under a support order for the
support of a child or children receiving IV-D services, based on a IV-D
application or referral that has been approved by a child support enforcement
agency (CSEA). (i) When both parents are
obligated under a support order or eventually may become obligated under a
support order for support of a child or children in the care or custody of a
person other than a parent who is receiving IV-D services, each parent is
considered a separate IV-D case; and (ii) A IV-D case may
consist of multiple case numbers within the support enforcement tracking system
(SETS); and (iii) A IV-D case may
include a case with provisions for both child support and spousal support in
the same support order. (b) "Non-IV-D case" means a case that has not been
approved for IV-D services or a case for which IV-D services have been
terminated. (2) "Issued,"
when used in reference to notices, decisions, and other documents, means the
date listed on the document unless it is otherwise indicated in the case record
that the document was sent by U.S. mail or hand-delivered on a date later than
the date stated on the document. (3) "IV-D
application" means the JFS 07076 "Application for Child Support
Services Non-Public Assistance Applicant/Recipient" (effective or revised
effective date as identified in rule 5101:12-10-99 of the Administrative
Code). (4) "IV-D
referral" means a request for services from: (a) A county department of job and family services (CDJFS)
as a result of an application for medicaid benefits when there is an existing
support order for the child or as a result of an application for Ohio works
first (OWF); (b) A Title IV-E agency that resulted from a determination
of eligibility for foster care maintenance (FCM) benefits; or (c) 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. (5) "IV-D services" means
services provided to a IV-D case under title IV-D of the "Social Security
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 (8/22/1996). IV-D services
include: (a) Case intake of a IV-D application or referral; (b) Location of persons for purposes of providing IV-D
services; (c) Establishment of parentage; (d) Establishment of child support and medical support
orders; (e) Enforcement of child support and medical support orders,
including: (i) Federal income tax
refund offset and passport denial submittal for the collection of support
arrears; (ii) Withholding of
unemployment compensation for the payment of support; and (iii) Requests to the
internal revenue service for the disclosure of taxpayer information for use in
establishing and collecting support obligations. (f) Modification or termination of child support and medical
support orders; (g) Collection and disbursement of support payments;
and (h) Any other actions appropriate to child support
enforcement. (6) "Non-IV-D Services" means:
(a) Any services provided to a non-IV-D case;
or (b) Services provided to a IV-D case that are not eligible
for federal financial participation (FFP). (7) "Recipient of
IV-D services" means: (a) The person who signed an approved IV-D application with
a CSEA; or (b) The person for whom the CSEA received and approved a
IV-D referral. (8) "Support enforcement program
services" means IV-D and non-IV-D services authorized by law to be
provided by a CSEA. (9) "Support order"
means: (a) Pursuant to 42 U.S.C. 653(p) (9/29/2014), and as used in
Title IV-D of the Social Security Act, a judgment, decree, or order, whether
temporary, final, or subject to modification, issued by a court or an
administrative agency of competent jurisdiction, for the support and
maintenance of a child, including a child who has attained the age of majority
under the law of the issuing state, or of the parent with whom the child is
living, that provides for monetary support, health care, arrearages, or
reimbursement, and that may include related costs and fees, interest and
penalties, income withholding, attorneys' fees, and other relief;
and (b) In accordance with division (B)(5) of section 3119.01 of the
Revised Code and as used in Chapters 3119., 3121., 3123., and 3125. of the
Revised Code, either an administrative child support order or a court support
order. (i) "Administrative
child support order" has the same meaning as in section 3119.01 of the
Revised Code. (ii) "Court support
order" has the same meaning as in section 3119.01 of the Revised
Code. (B) The time within which an act is
required by law to be done shall be computed by excluding the first and
including the last day; except that, when the last day falls on Sunday or a
legal holiday, the act may be done on the next succeeding day that is not
Sunday or a legal holiday. When a public office in which an act, required by
law, is to be performed is closed to the public for the entire day that
constitutes the last day for doing the act or before its usual closing time on
that day, the act may be performed on the next succeeding day that is not a
Sunday or a legal holiday as defined in section 1.14 of the Revised
Code.
Last updated June 16, 2023 at 9:03 AM
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Rule 5101:12-1-10.1 | Support enforcement program services.
(A) This rule describes the services that
a child support enforcement agency (CSEA) is required to provide to IV-D cases
and non-IV-D cases for which the CSEA has administrative responsibility in
accordance with rule 5101:12-10-03 or 5101:12-10-04 of the Administrative
Code. (B) The CSEA shall provide all
appropriate IV-D services to IV-D cases. (C) The CSEA is to provide all
appropriate non-IV-D services to non-IV-D cases, including: (1) Case
intake; (2) Location of an obligee to disburse a
collection; (3) Enforcement of support orders ;
and (4) Collection and disbursement of
support obligations. (D) Due to restrictions in federal law,
the following IV-D services will only be provided to IV-D cases: (1) Federal income tax
refund offset and passport denial submittal for the collection of support
arrears; (2) Withholding of
unemployment compensation for the payment of support; and (3) Requests to the
internal revenue service for the disclosure of taxpayer information for use in
establishing and collecting support obligations. (E) In providing support enforcement
services, the CSEA and its contracted agents (e.g. prosecutors, attorneys,
administrative officers) represent the best interests of the state of Ohio and
not the recipient of services or the recipient's personal interest, when
that interest is contrary to the interest of the state of Ohio.
Last updated June 16, 2023 at 9:04 AM
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Rule 5101:12-1-15 | Support enforcement
tracking system.
Effective:
January 1, 2024
(A) In accordance with 42 U.S.C. 654a, as
in effect January 5, 2009, and section 3125.07 of the Revised Code, the Ohio
department of job and family services (ODJFS) has established and shall
maintain a single statewide automated data processing and information retrieval
system known as the support enforcement tracking system (SETS). (1) This rule describes
the general requirement for the child support enforcement agency (CSEA) to
interact with SETS and the responsibilities of a user of SETS. The process for
an individual or entity to gain access to SETS and authorized use or disclosure
of the information contained in SETS is described in rules 5101:12-1-20 to
5101:12-1-20.2 and 5101:12-1-22 of the Administrative Code. (2) For the purposes of
this rule use of the term "access to SETS" incorporates any SETS user
profile level that grants access to data contained in any SETS database,
including those profiles that only have access to the general data screens
(GDS). (B) ODJFS may deny access to SETS when an
individual has been found to have unauthorized access to, or improperly used or
disclosed the information contained in SETS. (C) The office of child support (OCS)
will perform the following functions with regard to access to the information
contained in SETS: (1) Review requests for
access to the information contained in SETS; (2) Determine whether
requests for access will be granted; and (3) Monitor the access to
and use of the information contained in SETS to prevent and promptly identify
unauthorized access to or improper use of the information contained in
SETS. (D) The CSEA shall interact with the
functions of SETS according to applicable rules of the Administrative Code,
Ohio law, federal law and regulations, and any written instructions provided by
ODJFS. Interaction shall include, but not be limited to, the CSEA providing
information or performing an activity that enables a particular SETS function
to operate at its full capacity. When the CSEA is directed to perform an act
under a mandate contained in an Administrative Code rule, Ohio law, federal law
or regulation, or other written instructions provided by ODJFS, the act shall
be considered executed when the CSEA has performed the required actions within
SETS. (E) In accordance with sections 3125.38
and 3125.39 of the Revised Code, SETS shall provide the data necessary for the
performance measurements outlined in rules 5101:12-1-54 to 5101:12-1-54.2 of
the Administrative Code. (F) An individual or entity may make a
request to ODJFS for SETS access. When requesting SETS access, persons will
comply with requirements in rule 5101:9-9-26 of the Administrative Code and the
following forms shall be completed and returned to ODJFS by the following
individuals: (1) The JFS 07078, "Code of
Responsibility" (effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code) shall be completed by the employee of
a CSEA, ODJFS, county department of job and family services (CDJFS), public
children services agency (PCSA), county agency, contractor, or a sub-contractor
requesting access to SETS. (2) The JFS 07014, "Tax Information
Safeguarding Authorization Agreement" (effective or revised effective date
as identified in rule 5101:12-1-99 of the Administrative Code) shall be
completed by the employee of a CSEA or ODJFS, contractor, or a sub-contractor,
when the employee, contractor, or sub-contractor has access to federal tax
information (FTI), as defined in rule 5101:12-1-22 of the Administrative Code
and its supplemental rules. The JFS 07014 must be received by OCS no later
than the last day of January after an individual's initial employment or
re-employment. On an annual basis thereafter, the employee of a CSEA, ODJFS,
contractor, or sub-contractor shall complete and submit to OCS a new JFS 07014
no later than the last day of March. (3) Each CSEA shall submit a JFS 07072,
"Safeguarding of Internal Revenue Service (IRS), Ohio Department Of
Taxation (ODT), Federal Parent Locator Service (FPLS), and Unemployment
Compensation (UC) Information" (effective or revised effective date as
identified in rule 5101:12-1-99 of the Administrative Code) to the deputy
director of OCS within ODJFS no later than the last day of March each year. The
JFS 07072 must be signed and dated by the director or administrator of the
CSEA. (G) Any individual without access to SETS
but with access to FTI, must complete FTI safeguarding awareness training and a
JFS 07014 in accordance with rule 5101:12-1-22 of the Administrative
Code. (H) Responsibilities of an individual or entity with access to
SETS. (1) The individual or
entity shall adhere to the guidelines for electronic data security and use
described in rules 5101:9-9-37 and 5101:9-9-38 of the Administrative
Code. (2) The individual or
entity shall use SETS in accordance with the purposes described in rule
5101:12-1-20.1 of the Administrative Code, including: (a) To perform the functions necessary to carry out the child
support program, as described in rule 5101:12-1-01 of the Administrative Code;
and (b) To obtain information to respond to a request for information
about a person from an individual or entity. (3) The individual or
entity shall disclose the information contained in SETS in accordance with
rules 5101:12-1-20 to 5101:12-1-20.2 and 5101:12-1-22 of the Administrative
Code. (4) The CSEA shall
document in its internal procedural handbook the procedures for ensuring
confidentiality of the information contained in SETS, including but not limited
to, access and use of SETS, disclosure of the information contained in SETS,
and the procedures for addressing unauthorized access to or improper use or
disclosure of the information contained in SETS. (5) All personnel, IV-D
contractors, and sub-contractors with access to SETS shall be trained in
confidentiality, safeguarding guidelines, security procedures, and the
penalties for unauthorized access to or improper use or disclosure of the
information contained in SETS.
Last updated January 2, 2024 at 9:28 AM
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Rule 5101:12-1-17 | Ohio child support guideline.
Effective:
March 28, 2019
(A) In accordance with sections 3119.021
and 3119.022 of the Revised Code, this rule promulgates the basic child support
schedule and worksheets required to be used by all courts and child support
enforcement agencies (CSEA) when calculating child support and cash medical
support obligations, as follows: (1) The basic child
support schedule, JFS 07767, "Ohio Basic Child Support Guideline
Schedule" (effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code), shall be used by all courts and CSEAs
when calculating the amount of child support to be paid pursuant to a support
order, unless the combined annual income of the parents is less than the
minimum or more than the maximum guideline income listed on the JFS
07767. (2) When a court or CSEA
calculates a new or modified child support order, the court or CSEA shall
use: (a) The JFS 07768, "Sole/Shared Child Support
Computation Worksheet" (effective or revised effective date as identified
in rule 5101:12-1-99 of the Administrative Code); or (b) The JFS 07769, "Split Parenting Child Support
Computation Worksheet" (effective or revised effective date as identified
in rule 5101:12-1-99 of the Administrative Code) when calculating support where
there is more than one child who is the subject of an allocation of parental
rights and responsibilities and each parent is the residential parent and legal
custodian of at least one of those children. (B) In accordance with section 3119.022
of the Revised Code, this rule promulgates the JFS 07766, "Child Support
Guideline Manual" (effective or revised effective date as identified in
rule 5101:12-1-99 of the Administrative Code) for the purpose of providing
guidance and assistance to any person calculating a support
obligation. (1) The maximum
state-wide average child care cost estimate required under section 3119.05 of
the Revised Code to be issued by the department of job and family services
(ODJFS) is contained within table four of the JFS 07766, and (2) The amount of the
cash medical support obligation required under division (B) of section 3119.302
of the Revised Code to be issued by ODJFS is contained within table three of
the JFS 07766. (C) When completing the JFS 07768 or JFS
07769 the courts or CSEA shall: (1) Use table two of the JFS 07766 to
identify the maximum state-wide average child care cost estimates; (2) Use table three of the JFS 07766 when
calculating the cash medical support obligation; (3) Exclude any reimbursed or subsidized
child care cost, including any state or federal tax credit, whether or not
claimed; a court or CSEA completing the worksheet shall exclude any federal
dependent care tax credit allowed under section 21 of the Internal Revenue Code
26 U.S.C. 21 (revised 12/29/2007), and it is rebuttably presumed that any state
tax credit allowed under section 5747.054 of the Revised Code shall also be
excluded. A court may exclude any other relevant state tax credit if evidence
of the availability of such credit is established by the parent; (4) Calculate all amounts to the third
decimal place and then round to the second decimal place as follows:
(a) When the number in the third decimal place is less than
or equal to the number four, then the number in the third decimal place shall
be dropped and the number in the second decimal place shall remain the same;
and (b) When the number in the third decimal place is greater
than or equal to the number five, then the number in the third decimal place
shall be dropped and the number in the second decimal place shall be rounded up
to the next number.
Last updated October 12, 2023 at 10:49 AM
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Rule 5101:12-1-20 | Confidentiality of information.
Effective:
January 1, 2024
(A) This rule and its supplemental rules
describe the requirements for authorized access to, use, disclosure, and
safeguarding of information contained in a person's case
record. (B) A reference guide for this rule and
its supplemental rules are contained in the JFS 01709, "Confidentiality of
Information Reference Guide" (effective or revised effective date as
identified in rule 5101:12-1-99 of the Administrative Code.) (C) The following definitions apply to
this rule and its supplemental rules: (1) "Agent of a
court" means a person authorized to act for and under the direction of a
court with the authority to issue an order for the support and maintenance of
child, or to serve as the initiating court in an action to seek a child support
order. (2) "Alleged
father" means a man who is believed to be or believes himself to be the
natural father (also known as putative father). (3) "Attorney of a
child" means a licensed lawyer who has entered into an attorney-client
relationship with either the child or the child's resident parent to
provide legal representation to the child or resident parent related to the
establishment of paternity, or the establishment, modification, or enforcement
of child support. An attorney-client relationship imposes an ethical and
fiduciary duty upon the attorney to represent the client's best interests
under applicable rules of professional responsibility. (4) "Case
record" has the same meaning as in rule 5101:12-10-05 of the
Administrative Code. (5) "Case
participant" means any person who is identified by a participant number in
the support enforcement tracking system (SETS). (6) "Confidential
information" means any personal information, as defined in this rule,
relating to a specified person or a person who can be identified by reference
to one or more factors specific to him or her, including but not limited to the
person's social security number, residential and mailing addresses,
employment information, and financial information. (7) "Custodial
parent" means a parent of a minor child who lives in the same household as
the child. (8) "Federal parent
locator service (federal PLS)" means the parent locator service
established and operated by the federal office of child support
enforcement. (9) "Independent
verification" or "independently verified" means the process of
acquiring and confirming confidential information through the use of a second
source. (10) "IV-D
case" has the same meaning as in rule 5101:12-1-10 of the Administrative
Code. (11) "Non-custodial
parent (NCP)" means a parent of a minor child who does not live in the
same household as the child. (12) "Non-IV-D
case" has the same meaning as in rule 5101:12-1-10 of the Administrative
Code (13) "Person"
means an applicant or recipient of IV-D services or an individual or entity who
is a case participant in a IV-D or non-IV-D case. (14) "Personal
information" means any information that describes anything about a person,
or indicates action done by or to a person, or indicates that a person
possesses certain personal characteristics, and that contains, and can be
retrieved from a system by a name, identifying number, symbol, or other
identifier assigned to a person. (15) "Representative
of a child" means a custodial parent, legal guardian, attorney of a child,
guardian ad litem, or a caretaker relative having custody of, or responsibility
for the child. (16) "Requestor" means any individual or entity who has
requested information. (17) "State parent
locator service (state PLS)" means the parent locator service established
and operated by the office of child support (OCS) within the Ohio department of
job and family services (ODJFS). (18) "Support
enforcement program services" has the same meaning as in rule 5101:12-1-10
of the Administrative Code. (D) Use of the term
"information" throughout this rule and its supplemental rules refers
to confidential and personal information as defined in this rule, unless
indicated otherwise. (E) A request for information from a case
participant may be made in person with proper identification. The child support
enforcement agency (CSEA) at its discretion may require that the case
participant complete the JFS 04001 "Request for Case Information"
(effective or revised effective date as identified in rule 5101:12-1-99 of the
Administrative Code) to affirm that the information being released is utilized
for a valid purpose in accordance with this rule and its supplemental
rules. (F) A request for information from an
individual or entity other than the case participant shall be made in writing
via the JFS 04001. (G) The following individuals or entities
have the responsibility to maintain the confidentiality of and to safeguard all
information contained in a person's case record, whether the information
is contained on paper, film, computer, or any other electronic
medium: (1) Any individual with
authorized access to the information contained in SETS or any other information
contained in a person's case record, including a requestor who has been
provided information in accordance with this chapter; (2) A court or agent of a
court who has the authority to issue an order against an NCP for the support
and maintenance of child, or to serve as the initiating court in an action to
seek a child support order; or (3) An agent or attorney
of the United States. (H) No individual or entity described in
paragraph (G) of this rule shall disclose any information concerning a person
except for an authorized purpose in accordance with this rule and its
supplemental rules. (I) Information requests related to
parental kidnapping, child custody, or visitation purposes shall be handled in
accordance with rule 5101:12-20-10 of the Administrative Code. (J) In accordance with section 3125.99 of
the Revised Code, anyone who discloses information to any person or for any
purpose not specifically permitted by this rule or its supplemental rules is
subject to a fine of up to five hundred dollars or a prison term of up to six
months or both. (K) A CSEA, OCS, or contractor may
disclose information about a person subject to the provisions and limitations
described in this rule and its supplemental rules in the following
manner: (1) Disclosure of
information that the CSEA, OCS, or contractor obtains from the state or federal
parent locator service (PLS). The CSEA, OCS, or contractor may use and
disclose the following information about a non-custodial parent, alleged
father, custodial parent, or child when the CSEA, OCS, or contractor obtains
the information from the state or federal PLS in order to perform the functions
necessary to carry out the child support program: (a) Name; (b) Social security number; (c) Address; (d) Employer's name; (e) Employer's address; (f) Employer identification number; (g) Wages; (h) Income; (i) Employment-related benefits, including health care coverage;
and (j) Type, status, location, and amount of assets or debts owed by
or to the person. (2) The CSEA, OCS, or
contractor may disclose any information obtained from a source other than the
state or federal PLS in order to perform the functions necessary to carry out
the child support program.
Last updated January 2, 2024 at 9:28 AM
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Rule 5101:12-1-20.1 | Requests for information contained in a person's case record.
(A) A child support enforcement agency
(CSEA), the office of child support (OCS), or contractor shall only disclose
information contained in a person's case record upon the request of an
individual or entity when: (1) The disclosure is in
accordance with the provisions of this rule, or (2) The disclosure is in
accordance with written permission from the person. "Written
permission" means a document signed by a person or a person's legal
guardian that permits an individual or entity to disclose information contained
in that person's case record. Written permission shall
include: (a) The person's full name; (b) The name and title, if any, of the individual or entity to
whom the person or the person's legal guardian is permitting disclosure of
information; (c) A description of the type of information that the individual
or entity is permitted to disclose; (d) The duration of time that the person or person's legal
guardian is permitting the disclosure of information; and (e) The person's or legal guardian's signature and the
date on which the written permission is signed. (B) The CSEA, OCS, or a contractor shall
disclose information that the CSEA, OCS, or contractor obtains from the state
or federal parent locator service (PLS) upon the requests described in this
paragraph. (1) Request for location
from a representative of a child when the child is not receiving Ohio works
first (OWF) benefits. (a) The CSEA, OCS, or contractor shall disclose information about
a non-custodial parent or alleged father when the request is for the purposes
of locating: (i) An individual against
whom a child support order is sought; (ii) An individual who
has or may have parental rights with respect to a child; (iii) An obligee of a
child support order; or (iv) A parent or child
involved in a non-IV-D child support case. (b) The following is the information that the CSEA, OCS, or
contractor may disclose about the non-custodial parent or alleged father to the
representative of the child: (i) Name; (ii) Social security
number; (iii) Address; (iv) Employer's
name; (v) Employer's
address; (vi) Employer
identification number; (vii) Wages; (viii) Income; (ix) Employment-related
benefits, including health care coverage; and (x) Type, status,
location, and amount of assets or debts owed by or to the person. (c) Restrictions on information disclosure: (i) Information shall not
be disclosed unless the representative of a child: (a) Attests that the
request is being made to obtain information on, or to facilitate the discovery
of, any individual for the purpose of establishing parentage, or establishing,
modifying, or enforcing a child support order; (b) Attests that any
information obtained through the state or federal PLS shall be used solely for
the purposes described in paragraph (B)(1)(a) of this rule, and shall be
otherwise treated as confidential; and (c) Pays the fee required
for federal PLS services, in accordance with 45 C.F.R. 303.70(f)(2)(i), as in
effect December 30, 2010, if the state does not pay the fee
itself. (ii) Information
regarding multistate financial institution data match (MSFIDM) or state
financial institution data match (SFIDM) shall not be disclosed. (iii) Information
regarding federal tax information (FTI), as defined in rules 5101:12-1-22 and
5101:12-1-22.1 of the Administrative Code shall not be disclosed. (iv) Information shall
not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of
domestic violence or child abuse and the CSEA, OCS or contractor has determined
that the disclosure of such information could be harmful to the custodial
parent or child. (v) Information shall not
be disclosed when the disclosure of such information would contravene the
national policy or security interests of the United States or the
confidentiality of census data. (2) Request for location
from a court or agent of a court that is seeking to issue an order, or to serve
as the initiating court in an action to seek an order, for the support and
maintenance of a child. (a) The CSEA, OCS, or contractor shall disclose information about
a non-custodial parent, alleged father, custodial parent, or child when the
request is for the purposes of locating: (i) A
parent; (ii) An obligor of a
child support order; (iii) An individual
against whom a child support order is sought; (iv) An obligee of a
child support order; or (v) A parent or child
involved in a non-IV-D child support case. (b) The following is the information that the CSEA, OCS, or
contractor may disclose about the non-custodial parent, alleged father,
custodial parent, or child: (i) Name; (ii) Social security
number; (iii) Address; (iv) Employer's
name; (v) Employer's
address; (vi) Employer
identification number; (vii) Wages; (viii) Income; (ix) Employment-related
benefits, including health care coverage; and (x) Type, status,
location, and amount of assets or debts owed by or to the person. (c) Restrictions on information access, use, and
disclosure: (i) Information regarding
FTI shall not be disclosed unless the information is independently
verified. (ii) Information
regarding MSFIDM or SFIDM shall not be disclosed. (iii) Information shall
not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of
domestic violence or child abuse and the CSEA, OCS or contractor has determined
that the disclosure of such information could be harmful to the custodial
parent or child. (3) Request for location
from a county department of job and family services (CDJFS), public children
services agency (PCSA), or county agency that is administering a Title IV-B or
Title IV-E program, in accordance with the state plan for those
programs. (a) The CSEA, OCS, or contractor shall disclose information about
a non-custodial parent, alleged father, custodial parent, child, or relative of
a child involved in a Title IV-B or Title IV-E case, when the purpose of the
request is to locate: (i) An individual who has
or may have parental rights with respect to a child; or (ii) A parent, child, or
relative of a child in order to carry out Title IV-B or Title IV-E program
responsibilities, which include potential placement of a child removed from
parental custody, placing siblings in groups, and permanency
planning. (b) The following is the information that the CSEA, OCS, or
contractor may disclose about the non-custodial parent, alleged father,
custodial parent, or child: (i) Name; (ii) Social security
number; (iii) Address; (iv) Employer's
name; (v) Employer's
address; (vi) Employer
identification number; (vii) Wages; (viii) Income; (ix) Employment-related
benefits, including health care coverage; and (x) Type, status,
location, and amount of assets or debts owed by or to the person. (c) The following is the information that the CSEA, OCS, or
contractor may disclose about a relative of a child involved in a Title IV-B or
Title IV-E case: (i) Name; (ii) Social security
number; (iii) Address; (iv) Employer's
name; (v) Employer's
address; and (vi) Employer
identification number. (d) Restrictions on information disclosure: (i) Information regarding
FTI shall not be disclosed unless the information is independently
verified. (ii) Information
regarding MSFIDM or SFIDM shall not be disclosed. (iii) When the
information will be used to locate an individual who has or may have parental
rights with respect to a child, national directory of new hires (NDNH) and
federal case registry (FCR) information may be disclosed without independent
verification. (iv) When the information
will be used for any purpose other than to locate an individual who has or may
have parental rights with respect to a child, NDNH and FCR information shall
not be disclosed unless the information is independently verified. (v) Information shall not
be disclosed when the CSEA, OCS, or contractor has reasonable evidence of
domestic violence or child abuse and the CSEA, OCS or contractor has determined
that the disclosure of such information could be harmful to the custodial
parent or child. (4) Request for
information from an agency administering Title IV (aid and services to needy
families with children and for child-welfare services), Title XIX (medical
assistance programs), Title XXI (state children's health insurance
program), and SNAP (supplemental nutrition assistance program). (a) The CSEA, OCS, or contractor may disclose information about a
person contained in SETS to an agency administering Titles IV, XIX, and XXI,
and SNAP to perform its responsibilities as it relates to its
program. (b) Restrictions on information disclosure: (i) Information regarding
FTI shall not be disclosed unless the information is independently
verified. (ii) Information
regarding MSFIDM or SFIDM shall not be disclosed. (iii) When the
information will be used by the Title IV-B or Title IV-E program for purpose
other than to establishing parentage or establishing, modifying, or enforcing
child support obligations, the information shall not be disclosed unless the
information is independently verified. (iv) When the information will be used by the medicaid program,
NDNH and FCR information shall not be disclosed unless the information is
independently verified. (v) Information shall not be disclosed when the CSEA, OCS, or
contractor has reasonable evidence of domestic violence or child abuse and the
CSEA, OCS or contractor has determined that the disclosure of such information
could be harmful to the custodial parent or child. (vi) Information shall not be disclosed when the disclosure of
such information would contravene the national policy or security interests of
the United States or the confidentiality of census data. (5) Request for state
directory of new hires (SDNH) information from a CDJFS or county agency that is
administering the food assistance, medicaid, or OWF programs, a state agency
that is administering the unemployment compensation program, or a state agency
that is administering a Title I (assistance for the aged), Title X (aid to the
blind), Title XIV (aid to the permanently and totally disabled), or Title XVI
(supplemental security income for the aged, blind and disabled) program, in
accordance with the state plan for those programs. (a) The CSEA, OCS, or contractor shall disclose SDNH information
about a person when the purpose of the request is to verify income and
eligibility for the programs of food assistance, medicaid, OWF, unemployment
compensation, Title I, Title X, Title XIV, and Title XVI. (b) The following is the SDNH information that the CSEA, OCS, or
contractor may disclose about the person: (i) Name; (ii) Social security
number; (iii) Address; (iv) Employer's
name; (v) Employer's
address; and (vi) Federal employer
identification number. (c) Restrictions on information disclosure: (i) Information regarding
FTI shall not be disclosed unless the information is independently
verified. (ii) Information
regarding MSFIDM or SFIDM shall not be disclosed. (iii) Information shall not be disclosed when the CSEA, OCS, or
contractor has reasonable evidence of domestic violence or child abuse and the
CSEA, OCS or contractor has determined that the disclosure of such information
could be harmful to the custodial parent or child. (C) The CSEA, OCS, or a contractor shall
disclose information that the CSEA, OCS, or contractor obtains from a source
other than the state or federal PLS upon the request of an individual or entity
in the following manner: (1) Request for
information about a representative of a child or a child (regardless of whether
the child is receiving OWF benefits). (a) The CSEA, OCS, or contractor may disclose information about a
representative of a child or a child when the request is for a purpose directly
connected to any of the following: (i) The support
enforcement program. (ii) The food assistance,
medicaid, OWF, Title IV-B, or Title IV-E programs. (iii) Any investigation,
criminal prosecution, or civil or administrative proceeding conducted in
connection with the administration of the support enforcement program or food
assistance, medicaid, OWF, Title IV-B, or Title IV-E programs. (iv) To report suspected
or known instances of child abuse, exploitation, or the negligent treatment of
a child who is the subject of a child support case to the appropriate agency or
official. (v) A federal, state, or
local audit. (b) The following is the information that the CSEA, OCS, or
contractor may disclose about the representative of a child or a
child: (i) Information that
pertains to the support order; and (ii) Information that
pertains to the representative of a child or the child. (c) Restrictions on information disclosure: (i) Information obtained
from the state or federal PLS shall not be disclosed. (ii) Information about
any person in the child support case other than the representative of a child
or the child shall not be disclosed and must be redacted from any document that
will be disclosed, unless the representative of a child obtains written
permission from the other person, in accordance with rule 5101:12-1-20 of the
Administrative Code. (iii) Information shall
not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of
domestic violence or child abuse and the CSEA, OCS or contractor has determined
that the disclosure of such information could be harmful to the representative
of a child or child, unless the request for information is from the
representative of a child or the child. (iv) Information shall
not be disclosed when the disclosure of such information would contravene the
national policy or security interests of the United States or the
confidentiality of census data. (2) Request for
information about a non-custodial parent or attorney of a non-custodial
parent. (a) The CSEA, OCS, or contractor may disclose information about a
non-custodial parent or attorney of a non-custodial parent when the request is
for a purpose directly connected to any of the following: (i) The support
enforcement program. (ii) Any investigation,
criminal prosecution, or civil or administrative proceeding conducted in
connection with the administration of the support enforcement program or food
assistance, medicaid, OWF, Title IV-B, or Title IV-E programs. (iii) A federal, state,
or local audit. (b) The following is the information that the CSEA, OCS, or
contractor may disclose about a non-custodial parent or attorney of a
non-custodial parent: (i) Information that
pertains to the support order; and (ii) Information that
pertains to the non-custodial parent or attorney of the non-custodial
parent. (c) Restrictions on information disclosure: (i) Information about any
person in the child support case other than the non-custodial parent or
attorney of the non-custodial parent shall not be disclosed and must be
redacted from any document that will be disclosed, unless the non-custodial
parent obtains written permission from the other person, in accordance with
rule 5101:12-1-20 of the Administrative Code. (ii) Information shall
not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of
domestic violence or child abuse and the CSEA, OCS or contractor has determined
that the disclosure of such information could be harmful to the representative
of a child or child. (iii) Information
obtained from the state or federal PLS shall not be disclosed. (iv) Information shall
not be disclosed when the disclosure of such information would contravene the
national policy or security interests of the United States or the
confidentiality of census data.
Last updated December 4, 2023 at 9:23 AM
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Rule 5101:12-1-20.2 | Information from the unemployment compensation program and Ohio department of taxation.
(A) This rule describes the procedures an
agency is required to follow in order to safeguard information received from
unemployment compensation (UC) and the Ohio department of
taxation. (B) Information received from
UC: The child support enforcement agency (CSEA) shall
certify that, in accordance with sections 4141.21, 4141.22, and 4141.99 of the
Revised Code and rule 4141-43-02 of the Administrative Code, all information
and records received from UC shall be used only for the purposes of
establishing and collecting child support obligations from and locating
individuals owing such obligations. The CSEA shall establish and maintain
security safeguards for location, wage, and benefit information. (C) Information received from the Ohio
department of taxation: (1) In order to comply
with the confidentiality requirements of section 5747.18 of the Revised Code,
each CSEA shall certify that taxpayer information concerning the residential
address and income of taxpayers received by the CSEA is needed for the purpose
of, and will be used only for, the following: (a) Locating obligors and establishing, enforcing,
modifying and collecting child support obligations pursuant to Title IV-D of
the Social Security Act; or (b) Collecting overpaid child support from the state income
tax refund of an obligee in accordance with section 5747.123 of the Revised
Code. (2) None of the
information so obtained will be disclosed to anyone except for official
purposes as described in section 3125.43 of the Revised Code or in compliance
with a court order.
Last updated December 4, 2023 at 9:23 AM
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Rule 5101:12-1-22 | Safeguarding of information from the internal revenue service.
Effective:
November 1, 2022
(A) This rule describes the procedures a
child support enforcement agency (CSEA) is required to follow in order to
safeguard information received from the internal revenue service (IRS). The
procedures for safeguarding federal tax information (FTI) are based upon the
tax information security guidelines described in IRS publication 1075 (rev.
11/2021). IRS Publication 1075 is available at www.irs.gov. The safeguarding
requirements of this rule apply to any paper, electronic, or imaged
record. (B) Failure to comply with the safeguarding requirements of this
rule shall result in the revocation of access to the support enforcement
tracking system (SETS) or any other computer application that contains
information from the IRS. (C) For purposes of this rule and its supplemental rules, FTI is
defined as federal tax return information other than information provided by
the taxpayer, including but not limited to: (1) Address information
obtained from the IRS; (2) Social security
numbers obtained from the IRS; (3) Federal tax filing
status; or (4) Identification of the
payment source as an IRS tax refund offset collection. (D) Each CSEA shall complete and submit
to the office of child support (OCS) within the Ohio department of job and
family services (ODJFS) a JFS 07072, "Safeguarding of Internal Revenue
Service, Ohio Department of Taxation, Federal Parent Locator Service, and
Unemployment Compensation Information" (effective or revised effective
date as identified in rule 5101:12-1-99 of the Administrative Code) no later
than the last day of April each year. The JFS 07072 must be signed and dated by
the director or administrator of the CSEA. (E) In accordance with rule 5101:9-9-26
of the Administrative Code, each CSEA will develop a written procedure
requiring all: final candidates, as defined in rule 5101:9-9-26 of the
Administrative Code, current employees, prospective contractors or
sub-contractors and, current contractors and sub-contractors who are or will be
granted access to FTI to submit to a background investigation that is favorably
adjudicated and is in accordance with the IRS publication 1075. The written
procedure is to be made available to OCS and/or the IRS upon
request. (F) The CSEA shall notify OCS at least sixty days prior to
re-disclosing FTI to a contractor so that OCS may notify the IRS office of
safeguards at least forty-five days prior to the re-disclosure. (G) The CSEA shall notify OCS at least sixty days prior to
re-disclosing FTI to a sub-contractor so that OCS may notify the IRS office of
safeguards and obtain written approval at least forty-five days prior to the
re-disclosure. (H) The CSEA shall prior to re-disclosing FTI to a
contractor or sub-contractor: (1) Establish privacy
roles and responsibilities for contractors and service providers; (2) Include privacy
requirements in contracts and other acquisition-related documents; (3) Share FTI externally
only for authorized purposes and in a manner compatible with those
purposes; (4) Enter into a
contract, service level agreement, memorandum of understanding, memorandum of
agreement, letter of intent, computer matching agreement, or similar agreement,
with third parties that specifically describes the FTI covered and specifically
enumerates the purposes for which the FTI may be used; (5) Monitor, audit, and
train CSEA staff on the authorized uses and sharing of FTI with third parties
and on the consequences of unauthorized use or sharing of FTI; and (6) Evaluate any proposed
new instances of sharing FTI with third parties to assess whether they are
authorized and whether additional or new public notice is
required. (I) For each individual with access to FTI that is an
employee of: the CSEA; a contractor of the CSEA; or a sub-contractor to provide
goods or services on behalf of a contractor of the CSEA, the CSEA shall ensure
that: (1) A background
investigation is completed in accordance with rule 5101:9-9-26 of the
Administrative Code; (2) FTI safeguarding training is
completed upon employment or re-employment and on an annual basis thereafter.
The FTI safeguarding training shall include, but is not limited
to: (a) Disclosure awareness training; (b) Security awareness training; (c) Role-based training; (d) Contingency training; and (e) Incident response training. (3) Each individual certifies his or her
understanding of policies and procedures for safeguarding FTI by completing the
FTI safeguarding training and a JFS 07014, "Tax Information Safeguarding
Authorization Agreement" (effective or revised effective date as
identified in rule 5101:12-1-99 of the Administrative Code). (a) FTI safeguarding training and a JFS 07014 must be completed
upon employment or re-employment and on an annual basis
thereafter. (i) An individual who has
been granted access to SETS in accordance with paragraph (F) of rule
5101:12-1-15 of the Administrative Code has met this requirement. (ii) Any other individual
who has access to FTI must complete the FTI safeguarding training and a JFS
07014. (b) The initial certification and recertification will be
maintained by OCS and made available to the IRS upon request. These records are
to be retained for a minimum of five years in accordance with requirements
under IRS publication 1075. (4) A permanent FTI tracking system is
utilized. FTI may be tracked using any of the following methods: (a) The FTI tracking database provided by OCS; (b) The JFS 07019, "Federal Tax Information Item Tracking
Log" (effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code); or (c) An alternative FTI tracking database, provided
that: (i) The database contains
all of the same data elements as the JFS 07019; and (ii) The CSEA submits the
database to OCS for approval and OCS approves the database. (5) A permanent system of standardized
records is established and maintained with regard to requests made for
information from the IRS that includes: (a) The reason for the request; (b) The date the request is made; (c) The date FTI is received; and (d) The name of the employee(s) having access to the
information. (6) FTI is stored during non-duty hours
in accordance with the secure storage and minimum protection standards
described in IRS publication 1075; (7) Access to file keys and safe
combinations is limited to employees responsible for safeguarding FTI and a
maximum of two alternates who are permitted access to the FTI; (8) FTI is limited to those individuals
who are authorized to inspect and use the information. Limiting access to FTI
must meet the IRS publication 1075 standards by: (a) Designating restricted areas; (b) Creating an authorized access list; and (c) Developing physical access authorizations. (9) Commingling standards described in
IRS publication 1075 are followed. FTI may be maintained either separately from
a file or within a file. When FTI is maintained within a file, the outside
jacket of the file shall have a label stating that the file contains
FTI; (10) Mail received containing FTI is
properly labeled as described in paragraph (I)(11)(a) of this rule and is not
opened before delivery to the CSEA employee, contractor, or sub-contractor
responsible for safeguarding the information; (11) Computer stations are safeguarded in
accordance with standards described in IRS publication 1075. Computer stations
may be safeguarded by: (a) Restricting access to only authorized staff; (b) Utilizing password protections; (c) Utilizing screen savers; and (d) Logging out of the system. (12) Correspondence containing FTI is
properly transmitted according to the following standards: (a) When sending the correspondence by ordinary mail, the agency
shall send the correspondence in a double-sealed envelope with a label on the
inner envelope that alerts the recipient that the mail contains
FTI; (b) When sending the correspondence by electronic mail, the
agency will only send the electronic message to a recipient within the ODJFS
email system, and: (i) Alert the recipient in the text of the electronic
message that the attachment contains FTI; and (ii) Send the correspondence as an attachment to the
electronic message that is encrypted and is password protected;
and (iii) Send the password
to access the attachment in a separate electronic message. (c) When sending the correspondence by facsimile (i.e., fax), the
agency shall: (i) Include a cover sheet
that alerts the fax recipient that the correspondence contains FTI and
indicates the name of the intended fax recipient; (ii) Verify that the
intended fax recipient is an authorized person; and (iii) Verify that the
intended fax recipient will be present at the fax machine to receive the
correspondence at the time the CSEA sends it. (13) FTI is only destroyed in accordance
with the destruction methods described in IRS publication 1075 when FTI is no
longer needed by the agency and that the destruction is tracked as described in
paragraph (I)(4) of this rule.
Last updated November 1, 2022 at 8:53 AM
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Rule 5101:12-1-22.1 | Safeguarding visit procedures.
Effective:
November 1, 2022
(A) In accordance with "Internal
Revenue Service (IRS) Publication 1075" (rev. 11/2021), the office of
child support (OCS) is required to conduct a federal tax information (FTI)
safeguarding visit (hereafter "visit") with each agency that has
access to FTI that is related to the child support program. The purpose of the
visit is to ensure that adequate FTI safeguards and security measures are
maintained by the agency. (1) OCS shall establish a
schedule for each child support enforcement agency (CSEA) with access to FTI,
at the direction of OCS, to either participate in a visit or complete a
safeguarding self inspection at least once every three years. (2) OCS shall complete a
visit at least once every eighteen months for internal headquarters and
facilities housing FTI. (B) OCS notification of the
visit. (1) When the agency is a
CSEA, OCS will notify the director or administrator and tax offset coordinator
of the date and time of the visit. (2) When the agency is
not a CSEA, OCS will notify the appropriate agency point of contact of the date
and time of the visit. (C) Visit procedures. (1) Fifteen business days
prior to the visit, OCS will send a JFS 07729, "FTI Safeguarding
Workbook" (effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code.) (2) The agency shall
complete and return the JFS 07729 to OCS no later than five business days prior
to the visit. (3) OCS may perform any
or all of the following activities during the visit: (a) Select a random sample of cases to review. (b) Review and discuss the completed JFS 07729. (c) Review and discuss the permanent FTI tracking
log. (d) Complete a physical walk-through of the building or buildings
that have access to SETS and/or FTI. This could include, but is not limited
to; (i) Offsite
storage; (ii) Satellite
offices; (iii) Prosecutors offices; and (iv) Courts. (D) Visit follow up procedures for an
agency. (1) OCS shall send,
within fifteen business days from the date of the visit, to the agency an
initial JFS 07729 identifying specific vulnerabilities discovered during the
visit. OCS will identify potential remedies for each
vulnerability. (2) When the initial JFS
07729 identifies vulnerabilities, the agency shall send to OCS a written
response that describes the actions the agency shall take to remedy the
vulnerabilities, including a timeline for completing the actions. The agency
shall send the written response to OCS no later than thirty days after the
receipt of the initial JFS 07729 from OCS. (3) OCS shall respond by
issuing the JFS 07729 as interim when the remedy(s) to a vulnerability(s) are
pending completion by the CSEA. OCS may also request additional information
from the agency. (4) OCS shall respond to
the agency's written response described in paragraph (D)(2) of this rule,
indicating whether the actions proposed to remedy any vulnerabilities meet the
IRS safeguarding regulations as described in the IRS publication 1075. OCS
shall send the final JFS 07729 once all the vulnerabilities have been
closed. (E) In accordance with IRS publication
1075, OCS may require that the agency complete an FTI self-inspection of each
location as described in paragraph (C)(3)(d) of this rule, that has access to
FTI. The purpose of the self-inspection is to ensure that adequate FTI
safeguards and security measures are maintained by the agency. (1) Self-inspection
procedures. (a) OCS will notify the CSEA director, administrator, tax offset
coordinator or agency point of contact as to the month in which the agency is
required to complete a self-inspection. (b) OCS will send a JFS 07729 ten days prior to the beginning of
the month in which the self-inspection is scheduled. (c) The agency shall complete the JFS 07729 and return the
completed JFS 07729 to OCS by the last day of the self-inspection
month. (2) Self-inspection
follow-up procedures. (a) Within fifteen days of receipt of the completed JFS 07729,
OCS shall notify the agency as to whether additional information is required.
Should additional information be required, the agency shall submit the
additional information within fifteen days of the request for information to
OCS. If no additional information is required, OCS shall notify the agency that
the JFS 07729 has been accepted. (b) Should the CSEA fail to return the JFS 07729 or respond to a
request for additional information within the required timeframe, OCS reserves
the right to conduct an on-site visit in accordance with rule 5101:12-1-22.1 of
the Administrative Code. (F) An agency shall comply with the
following reporting requirements, in accordance with the FTI incident response
and incident reporting standards described in IRS publication 1075 for
unauthorized access to or inspection of FTI, including but not limited
to: (1) Training all staff in
FTI incident response procedures. (2) Routinely tracking
and documenting FTI security incidents. (3) Promptly reporting
any unauthorized inspection and disclosure or use of FTI to the appropriate
authority, as described in the IRS publication 1075.
Last updated November 1, 2022 at 8:53 AM
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Rule 5101:12-1-25 | Record retention, disposal, and destruction of fiscal, statistical, and administrative records.
(A) The child support enforcement agency
(CSEA) shall follow the procedures of retention, disposal, and destruction of
records described in section 149.38 of the Revised Code, and rule 5101:9-9-21
of the Administrative Code. (B) Pursuant to 45 C.F.R. sections 92.42
(effective 10/2014) and 302.15 (effective 10/2012), the CSEA shall retain all
fiscal and statistical records and their supporting documents that are required
to be maintained under the Title IV-D program, or otherwise reasonably
considered as pertinent to the requirements of the Title IV-D program. These
records shall be retained: (1) For a minimum of
three years from the end of the fiscal year to which the records are
applicable; or (2) In accordance with
the county records commission in the county in which the CSEA serves, when the
county records commission requires a retention period more than three
years. (C) Pursuant to 45 C.F.R. sections 92.42
and 302.15, the CSEA shall retain case records that are required to be
maintained under the Title IV-D program, or otherwise reasonably considered as
pertinent to the requirements of the Title IV-D program. Case records include
any records described in rule 5101:12-10-05 of the Administrative Code. Case
records for a case in which program services have been terminated shall be
retained: (1) For a minimum of
three years after the case is closed in accordance with rule 5101:12-10-70 of
the Administrative Code; or (2) For a longer period
as determined by the county records commission. (D) When a balance exists on a case in
which program services have been terminated and the records retention period
described in this rule has run, the case records are to be retained until the
balance has been paid. (E) Pursuant to 45 C.F.R. section 92.42 and section 9.01 of
the Revised Code, copies made by microfilming, photocopying, digital imaging or
similar methods may be substituted for the original records.
Last updated June 1, 2021 at 9:33 AM
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Rule 5101:12-1-50 | Program funding.
Effective:
December 1, 2016
(A) Funding for allowable IV-D expenditures. (1) Federal financial participation (FFP) at the applicable matching rate is available for reimbursement of allowable expenditures, as described in 45 C.F.R. 304, as in effect on September 1, 2016, incurred in the provision of IV-D services. The FFP matching rate is a variable percentage set by federal law. The child support enforcement agency (CSEA) receives FFP in the administrative advance through the Ohio department of job and family services, as outlined in rule 5101:9-7-02 of the Administrative Code. (2) To fund the portion of allowable IV-D expenditures not reimbursed through FFP (hereafter referred to as the non-federal share), the CSEA may use: (a) State appropriated funds known as the state allocation; (b) Funds appropriated by the county commissioners from the county general fund; and (c) Processing charges collected on non-IV-D cases that are not program income. (3) The portion of the non-federal share not met by state funds or federal incentives is designated as the county share or county obligation on the quarterly child support administrative fund reconciliation, described in rule 5101:9-7-02 of the Administrative Code. Federal regulations mandate the permissible sources from which the non-federal share can be supplied: (a) Public funds, other than those derived from private resources, used by the CSEA for its IV-D child support enforcement program may be considered as the non-federal share in claiming federal reimbursement under the following conditions: (i) The funds are appropriated directly to the CSEA; or (ii) The funds are of 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 state's IV-D plan, subject to the limitations of this rule. (b) Public funds used by the CSEA for its IV-D child support enforcement program may not be considered as the non-federal share in claiming federal reimbursement under the following conditions: (i) The funds are federal funds, unless authorized by federal law to be used to match other funds; or (ii) The funds are used to match other federal funds. (c) Funds treated as IV-D program income pursuant to rule 5101:12-1-53 of the Administrative Code may not be considered as the non-federal share in claiming federal reimbursement. (B) Funding for expenditures for which FFP is not allowable. (1) Expenditures for a IV-D case for which FFP is not allowable are described in 45 C.F.R. 304. In addition, FFP is not allowable for any support enforcement program service provided to a non-IV-D case. (2) The CSEA is responsible for all expenditures for which FFP is not allowable. (3) For expenditures for which FFP is not allowable, the CSEA may use: (a) Funds appropriated by the county commissioners from the county general fund; and (b) Funds collected on non-IV-D cases for: (i) Processing charges; (ii) Interest; or (iii) Copying charges.
Last updated October 12, 2023 at 10:50 AM
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Rule 5101:12-1-51 | Mandatory CSEA fiscal reports.
Effective:
December 15, 2021
(A) The federal office of child support
enforcement (OCSE) requires the office of child support (OCS) in the Ohio
department of job and family services (ODJFS) to collect and report certain
data from child support enforcement agencies (CSEA). The CSEA shall complete
and submit the following: (1) The JFS 02750
"Child Support Enforcement Agency Quarterly Financial Certification"
(effective or revised effective date as identified in rule 5101:12-1-99 of the
Administrative Code); (2) The child support
random moment sample time study in accordance with rule 5101:9-7-23 of the
Administrative Code; and (3) The JFS 04234
"Annual Full-Time Equivalent Report" (effective or revised effective
date as identified in rule 5101:12-1-99 of the Administrative
Code). (B) Submission process and time
frame. (1) The CSEA shall submit
the JFS 02750 to ODJFS, office of fiscal and monitoring services in accordance
with rule 5101:9-7-02.1 of the Administrative Code and shall follow the
timeframe and submission instructions described in rules 5101:9-6-83 and
5101:9-7-29 of the Administrative Code; and (2) The CSEA shall submit
the JFS 04234 to OCS on or before the fifteenth day of October. If October
fifteenth is not a business day, the JFS 04234 is due by the next business
day. (C) Failure by the CSEA to timely submit
the reports listed in paragraph (A) of this rule may result in the withholding
of subsequent funding to the CSEA by ODJFS, until the reports have been
submitted.
Last updated December 15, 2021 at 8:33 AM
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Rule 5101:12-1-53 | Program income.
Effective:
December 15, 2021
(A) Revenues resulting from Title IV-D
case activity shall be considered IV-D program income and shall not be used as
any portion of the nonfederal share of program funding. Revenues resulting from
Title IV-D case activity are deducted from expenditures presented for federal
reimbursement. IV-D program income revenue shall be used for the operation of
the IV-D child support program. (B) Only revenues resulting from Title
IV-D case activity shall be considered IV-D program income. Revenues resulting
from non-IV-D case activity may be used at the discretion of the child support
enforcement agency (CSEA) or the Ohio department of job and family services
(ODJFS), including being used to provide the nonfederal share of funds for the
child support program. (C) The CSEA must report as revenue on
the JFS 02750, "Child Support Enforcement Agency Quarterly Financial
Certification" (effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code) all program income described in this
rule that is allocated to the CSEA and income the CSEA collects and retains.
The CSEA must complete the JFS 02750 as described in rule 5101:9-7-29 of the
Administrative Code. (D) Paragraphs (D)(1) to (D)(8) of this
rule identify the various forms of program income. (1) The processing charge
collected on Title IV-D cases shall be considered IV-D program income to the
CSEA. (2) Any amount earned
through investment of IV-D collections, such as interest earned from
collections made on behalf of child support obligees, shall be considered IV-D
program income. If a CSEA or ODJFS pays service fees on an income-producing
account, only the net amount (investment income less service fees) shall be
reported. The CSEA or ODJFS shall maintain a record of investment revenue and
service fees relative to the depository account. There is no net investment
income to report nor transfer if the service fees exceed investment
income. (3) Recovered IV-D
allowable payments such as IV-D allowable clerk of court fees, court costs, and
genetic testing fees for paternity determination made by the CSEA shall be
considered IV-D program income. If any of these items are returned to ODJFS, it
is program income to ODJFS. If any is retained at the CSEA, it becomes program
income to the CSEA through the administrative fund. (4) When the CSEA does
not absorb the IV-D application fee, the fee shall be considered IV-D program
income to the CSEA. (5) The CSEA may charge
miscellaneous fees, such as photocopy charges, provided the fee charged is
sufficient to cover costs yet nominal enough not to discourage the right of
access to information in the files. The fees charged for services on IV-D cases
shall be considered IV-D program income to the CSEA through the administrative
fund. (6) Unclaimed
funds. (a) A IV-D payment that becomes unclaimed pursuant to rule
5101:12-80-25 of the Administrative Code shall be reported as program income.
At such time that the payment is claimed by its owner, unclaimed funds
collected by the owner shall be reported as a reduction to program
income. (b) A IV-D payment that loses unclaimed status pursuant to former
rule 5101:1-29-71.2 of the Administrative Code shall be reported as program
income. (7) Interest paid
pursuant to section 3123.17 of the Revised Code on assigned arrears shall be
considered IV-D program income to ODJFS. (8) Any fine imposed in a
IV-D case that the CSEA or ODJFS has retained shall be considered IV-D program
income.
Last updated October 12, 2023 at 10:50 AM
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Rule 5101:12-1-54 | Incentive payment.
Effective:
December 15, 2021
(A) This rule and its supplemental rules
describe the calculation and distribution of the Ohio incentive payment from
the federal office of child support enforcement (OCSE) to the state of Ohio,
and the incentive payment from the Ohio department of job and family services
(ODJFS) to the child support enforcement agency (CSEA). (B) The following definitions apply to
this rule and its supplemental rules: (1) "Federal fiscal
year" means the twelve-month time period beginning October first and
ending September thirtieth. (2) "Performance
category" means the following child support program areas: (a) Establishment of paternity; (b) Establishment of support orders; (c) Collection of current support; (d) Collection of past-due support; and (e) Cost effectiveness. (3) "Performance
year" means the twelve-month time period ending September thirtieth of
each year during which each CSEA's performance is measured. The
performance year corresponds to the federal fiscal year, to the period of
measurement of Ohio's performance by OCSE, and to the period of review for
the annual self-assessment. (C) Calculation of the Ohio incentive
payment. (1) In accordance with 42
U.S.C. 658a, as in effect January 1, 2009, OCSE determines the amount of the
incentive payment for a state. The incentive payment for a federal fiscal year
is equal to the incentive payment pool for the federal fiscal year, multiplied
by the state incentive payment share for the federal fiscal year. (a) The incentive payment share is the incentive base amount for
a state for the federal fiscal year divided by the sum of the incentive base
amounts for all of the states for the federal fiscal year. (b) The incentive base amount is the sum of the applicable
percentages, as determined in 42 U.S.C. 658a, multiplied by the corresponding
maximum incentive base amounts for a state for the fiscal year, with respect to
the state's measure of performance in each performance category during the
federal fiscal year. (2) The state collections
base for a federal fiscal year is determined by using the following
formula: (2 x (current assistance collections + former
assistance collections + medicaid collections)) + never assistance collections
+ fees retained by other states. (3) The per cent
contributed in each performance category to the total Ohio incentive base
amount is determined by using the following formula: Maximum incentive base amount in each
performance category total Ohio maximum incentive base amount. (4) The amount of the
Ohio incentive payment for each performance category is determined by using the
following formula: Per cent contributed in each performance
category x total Ohio incentive payment. (5) The amount of the
federal incentive payment distributed to a state is an estimated amount. The
actual amount of the federal incentive payment earned by a state is unknown
until the end of the federal fiscal year and completion of calculations for the
state data reliability audit. In accordance with the processes described at 45
C.F.R. part 305, as in effect on October 1, 2009, the final, reconciled amount
would then include any necessary adjustments as a result of any previous
federal incentive payment overpayments or underpayments. (6) Payment eligibility
requirements. (a) Payment of the incentive payment is contingent on a
state's data being determined complete and reliable by federal auditors in
the annual data reliability audit. (b) State data necessary to calculate a state's performance
level for the incentive payment and penalties for each federal fiscal year must
be submitted to OCSE by December thirty-first, which is the end of the first
quarter of the next federal fiscal year. (D) Distribution of the Ohio incentive
payment. (1) Ten per cent of the
total amount of the Ohio incentive payment shall be retained by ODJFS for the
provision of statewide IV-D services. (2) Ninety per cent of
the total amount of the Ohio incentive payment shall be distributed to the
CSEAs to administer the local IV-D program. (E) Payment to the CSEA. ODJFS shall pay the CSEA through the child
support administrative draw, as described in rule 5101:9-7-02 of the
Administrative Code. Payments made in accordance with rule 5101:9-7-02 of the
Administrative Code shall be calculated in accordance with the terms of this
rule beginning January 1, 2011. In accordance with paragraph (C)(5) of this
rule, the CSEA incentive payment distributed to each CSEA throughout the
calendar year is an estimated amount. The actual amount of the CSEA incentive
payment earned by a CSEA is unknown until the annual incentives reconciliation
for the federal fiscal year occurs. In accordance with paragraph (C)(5) of this
rule, the final amount would include any necessary adjustments as a result of
any previous federal incentive payment overpayments or underpayments. At the
close of the federal fiscal year, a comparison is made between the estimated
federal incentive payment and the actual federal incentive payment earned by
the state. When the comparison indicates that the estimated amount exceeds the
actual amount earned by the state and a deficiency exists, ODJFS will adjust
the county allocation in the succeeding months. When the comparison indicates
that the actual amount earned exceeds the estimated amount and a surplus
exists, ODJFS will make a one-time payment to the CSEA through the
administrative advance process. (F) Requirements for use of federal
incentives. (1) In accordance with
section 5101.23 of the Revised Code and 45 C.F.R. 305.35, as in effect on
October 1, 2009, incentive funds shall only be spent for allowable Title IV-D
expenditures unless approval is received from the federal department of health
and human services. (2) In accordance with 45
C.F.R. 305.35, as in effect on October 1, 2009, state IV-D expenditures may not
be reduced as a result of the receipt and reinvestment of incentive payments. A
base amount will be determined by subtracting the amount of incentive funds
received and reinvested in the state IV-D program for federal fiscal year 1998
from the total amount expended by the state in the IV-D program during the same
period. States have an option of using the average amount of the previous three
federal fiscal years as a base amount. This base amount of state spending must
be maintained in future years. Incentive payments under this paragraph must be
used in addition to, and not in lieu of, the base amount. (3) In accordance with 45
C.F.R. 305.35(c) and 45 C.F.R. 305.35(d), as in effect on October 1, 2009, a
CSEA may not reduce its IV-D expenditures as a result of receipt and
reinvestment of incentive payments. An evaluation of IV-D expenditures reported
on the JFS 02750, "Child Support Enforcement Agency Quarterly Financial
Certification" (effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code), will be developed to establish a base
period using an average of the three previous federal fiscal years. This
average will be the IV-D expenditures level that must be maintained in future
years. Incentive payments must be used in addition to, and not in lieu of, the
base amount.
Last updated December 15, 2021 at 8:34 AM
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Rule 5101:12-1-54.1 | Incentive payment: performance-based measure.
Effective:
April 14, 2011
(A) The Ohio department of job and family services (ODJFS) shall distribute to the child support enforcement agency (CSEA) the funds identified in paragraph (D)(2) of rule 5101:12-1-54 of the Administrative Code based on each county's collections base percentage. (B) Calculation of the county collections base percentage. (1) County collections base = (2 x (current assistance collections + former assistance collections + medicaid collections)) + never assistance collections + fees retained by other states. (2) Collections base percentage = county collections base divided by the sum of the collections base for all of the Ohio counties. (C) Corrective action plan. In accordance with section 5101.24 of the Revised Code, and at the discretion of the office of child support (OCS), the CSEA may be asked to provide to OCS a corrective action plan (CAP) based on declining performance in any performance category.
Last updated October 12, 2023 at 10:50 AM
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Rule 5101:12-1-54.2 | Incentive payment: county self-assessment.
Effective:
April 14, 2011
(A) Twenty-five per cent of the child support enforcement agency (CSEA) incentive payment, calculated in accordance with rule 5101:12-1-54.1 of the Administrative Code, shall be distributed to the CSEA subject to the limitations described in this rule. (B) For the purposes of this rule, "self-assessment category" refers to the following child support program categories: (1) Case closure; (2) Establishment of paternity and support orders; (3) Enforcement of support orders; (4) Securing and enforcing medical support orders; (5) Review and adjustment of support orders (public assistance cases); and (6) Review and adjustment of support orders (non-public assistance cases). (C) Sampling methodology for the quality assurance (QA) sample. (1) For the purposes of this rule, the "quality assurance (QA) sample" refers to the case sample provided by the office of child support (OCS) to the CSEA, and used by the CSEA to complete the county self-assessment. The total statewide QA sample will be approximately one thousand cases per self-assessment category. (2) For the purposes of this rule, the "federal sample" refers to the case sample used by OCS to complete the federal self-assessment, as required by 45 C.F.R. part 308, as in effect on July 21, 2008. The minimum number of cases in the federal sample is five hundred in each self-assessment category. These cases are randomly selected from the statewide caseload. (3) Each county will receive a minimum of eleven cases in each self-assessment category. The federal sample will be distributed to each county in accordance with the process of random sample selection. The federal sample may be more or less than the eleven case minimum. If necessary, the remaining QA sample needed to meet the eleven case minimum will be randomly selected from the county caseload in each self-assessment category. (D) Timeframes for the county self-assessment. (1) OCS shall provide the QA sample to the CSEA by November fifteenth of each year. (2) The CSEA shall complete and return the self-assessment to OCS by February fifteenth of the subsequent year. (E) Completing and submitting the county self-assessment. (1) OCS shall develop the procedures for the CSEA to follow in order for the CSEA to complete a self-assessment. Periodically, OCS will modify the procedures as appropriate. (2) The CSEA is required to complete the county self-assessment, using the procedures as set forth by OCS, which includes but is not limited to meeting all of the following criteria: (a) Using the software programs as designated by OCS to facilitate review and reporting procedures; (b) Reviewing and evaluating each case in the QA sample; (c) Applying an appropriate rating to each case in the QA sample; and (d) Submitting the self-assessment to OCS, using the method for submission as designated by OCS, within the timeframe described in paragraph (D)(2) of this rule. (3) Failure of the CSEA to submit a completed self-assessment to OCS by February fifteenth shall result in a twenty-five per cent reduction of the final reconciled CSEA incentive payment, as determined in accordance with paragraph (E) of rule 5101:12-1-54 of the Administrative Code. (a) The twenty-five per cent reduction shall be imposed by reducing each monthly allocation during the calendar year following the calendar year in which the CSEA failed to submit the self-assessment to OCS. (b) The amount of funds contained in the twenty-five per cent reduction shall be retained by ODJFS.
Last updated October 12, 2023 at 10:50 AM
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Rule 5101:12-1-56 | Assigned medical support collections incentives.
(A) The following definitions apply to
this rule: (1) "Assigned
medical support" means the medicaid applicant, recipient, or participant
has assigned the right to collect and retain medical support from an obligor or
medical reimbursement from a third party to the Ohio department of job and
family services (ODJFS). (2) "Third
party" means any private medical insurer, individual, entity, or public or
private medical program that is or may be liable to pay all or part of the cost
of injury, disease, or disability on behalf of a medicaid applicant, recipient,
or participant. (B) When the child support enforcement
agency (CSEA) is made aware of an accident or injury involving the medicaid
applicant, recipient, or participant, the CSEA shall complete the ODM 06613,
"Accident/Injury Insurance Information" (effective or revised
effective date as identified in rule 5101:12-1-99 of the Administrative Code),
send it to the Ohio department of medicaid (ODM), and send a copy to the county
department of job and family services (CDJFS). (C) When assigned medical support and
assigned third party collections are received: (1) The CSEA is entitled
to have fifteen per cent of the total collection; and (2) The remainder is
distributed to ODM, subject to the applicable federal medical assistance
percentage (FMAP) that is calculated annually by the federal
government.
Last updated June 1, 2021 at 9:33 AM
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Rule 5101:12-1-60 | Expenditures eligible for federal financial participation reimbursement.
Effective:
September 1, 2020
(A) This rule describes the support
enforcement program services and IV-D services for which a child support
enforcement agency (CSEA) may request federal financial participation (FFP)
reimbursement. FFP reimbursement is available for reasonable and
necessary CSEA expenditures for services and activities provided in a IV-D case
and properly attributable to the operation of the support enforcement program.
FFP reimbursement principles are based upon the general principles for
determining allowable costs described in 2 C.F.R., subtitle A, chapter II, part
200 (12/26/2013) (circular A-87 of the federal office of management and
budget). The current FFP reimbursement rate is sixty-six per cent. (B) The following definition applies to
this rule and its supplemental rule: "Arrest" means taking an individual
into physical custody pursuant to a court-issued process and transporting that
person to the court that ordered his or her arrest. It does not include
incarceration, arraignment, and other activities that may occur as the result
of an arrest. (C) CSEA expenditures for the following
services are eligible for FFP reimbursement when provided in a IV-D
case: (1) Support enforcement
program services, which include: (a) Location services; (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 actions appropriate to child support enforcement,
which include but are not limited to: (i) Monitoring the
progress of program development and operations and evaluating the quality,
efficiency, effectiveness, and scope of support enforcement program services
available in the county; (ii) The establishment of
all necessary IV-D contracts with a private or governmental entity for the
provision of IV-D services where the IV-D contract is established in accordance
with rules 5101:12-1-80 to 5101:12-1-80.4 of the Administrative
Code; (iii) The direct cost of
reasonable and essential short-term training provided to CSEA
staff; (iv) The development and
maintenance of fiscal and program records and reports required to be made to
the Ohio department of job and family services; (v) Expenditures for
general administrative costs (e.g., salaries, supplies, and equipment);
and (vi) The establishment
and maintenance of case records. (2) IV-D services, which
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 internal revenue service for the collection
of delinquent support; and (e) Requests to use the U.S. district courts when another state
has failed to enforce an Ohio court support order. (3) The purchase of IV-D
services when the services are purchased under a IV-D contract in accordance
with rules 5101:12-1-80 to 5101:12-1-80.4 of the Administrative Code, including
but not limited to: (a) Reasonable and essential short-term training of court and law
enforcement staff assigned on a full- or part-time basis to support enforcement
functions; (b) Service of process and court filing fees when the court or
law enforcement agency would normally be required to pay the cost of such
fees; (c) Costs incurred while making an arrest that is necessary to
enforce a support obligation; (d) Service of process fees, when the CSEA obtains written
verification from the sheriff that the sheriff charges other agencies service
of process fees; and (e) Sheriff's office personnel and equipment costs, when the
costs are necessary to complete service of process activities. (D) The CSEA shall comply with the rules
set forth in division 5101:9 of the Administrative Code.
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Rule 5101:12-1-60.1 | Expenditures ineligible for federal financial participation reimbursement.
Effective:
August 1, 2014
(A) This rule describes expenditures for which a child support enforcement agency (CSEA) shall not request federal financial participation (FFP) reimbursement. (B) CSEA expenditures for which FFP reimbursement is not available include but are not limited to: (1) Support enforcement program services provided in a non-IV-D case. (2) Charges assessed to the CSEA by a court or clerk of court that are not uniformly assessed to another agency or official that uses the services of the court or clerk of court. (3) Purchased IV-D services that are not purchased in accordance with or do not meet the requirements of rules 5101:12-1-80 to 5101:12-1-80.4 of the Administrative Code. (4) The following charges assessed to the CSEA under a IV-D contract: (a) Service of process and court filing fees unless the court or law enforcement agency would normally be required to pay the cost of such fees; (b) Costs of compensation (salary and fringe benefits) of judges; (c) Costs of travel and training related to the judicial determination process incurred by judges; (d) Office related costs, such as space, equipment, furnishings and supplies, incurred by judges; (e) Compensation (salary and fringe benefits), travel and training, and office related costs incurred by administrative and support staffs of judges; (f) Service of process fees unless the CSEA obtains written verification from the sheriff that the sheriff charges other agencies service of process fees; (g) Sheriff's office personnel and equipment costs unless the costs are necessary to complete service of process activities; (h) Costs that do not meet the definition of "allowable cost," as defined in rule 5101:12-1-80 of the Administrative Code; (i) Costs that do not meet the definition of "reasonable cost," as defined in rule 5101:12-1-80 of the Administrative Code; and (j) Hearings, portions of hearings, or other activities related to: (i) Visitation, custody, or change of custody; (ii) Establishment of spousal support orders; (iii) Enforcement of spousal support orders if no child support order exists for the same parties; (iv) Property settlements; and (v) Civil protection orders or domestic violence cases. (5) Education and training programs and educational services, except short-term training of CSEA staff. (6) Activities related to administering the following public programs: (a) Ohio works first (OWF); (b) Medicaid and state children's health insurance program; (c) Social services that are provided pursuant to section 5101.46 of the Revised Code; and (d) Old-age assistance, aid to the blind, and aid to the permanently and totally disabled. (7) Construction and major renovations. (8) Charges that have been reimbursed by recovered fees. (9) Functions performed by a caseworker who is also determining eligibility for OWF or performing social services functions pursuant to section 5101.46 of the Revised Code, unless alternative arrangements as described in 45 C.F.R. 303.20(e) (12/29/2010) have been approved by the office of child support (OCS) in the Ohio department of job and family services (ODJFS). (10) Medical support enforcement activities to pursue payments from a third party health insurer. (11) Costs for the use of the federal parent locator service in parental kidnapping, child custody, or visitation cases. (12) Costs for the incarceration of parents. (13) Costs of counsel for indigent defendants. (14) Costs of guardians ad litem. (15) Services the CSEA is not authorized to perform under the rules set forth in division 5101:12 of the Administrative Code.
Last updated June 24, 2021 at 11:17 AM
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Rule 5101:12-1-80 | IV-D contracts: overview.
Effective:
November 1, 2024
(A) This rule and its supplemental rules
describe the process by which a child support enforcement agency (CSEA) enters
into a IV-D contract with a governmental entity or a private entity to provide
IV-D services and for the CSEA to receive federal financial participation (FFP)
reimbursement to offset the cost of the purchase of the services under a IV-D
contract. The principles of FFP reimbursement are described in rules
5101:12-1-60 and 5101:12-1-60.1 of the Administrative Code. (B) The following terms and definitions
apply to this rule and its supplemental rules: (1) "Allowable
cost" refers to a cost under a IV-D contract that meets the following
general criteria: (a) The cost is necessary and reasonable for the proper and
efficient performance and administration of the IV-D contract. (b) The cost is allocable to the support enforcement program
under the provisions of 2 C.F.R., subtitle A, chapter II, part 200 (12/26/2013)
(circular A-87 of the federal office of management and budget). (c) The cost is authorized or not barred under state or local
laws or regulations. (d) The cost conforms to any limitation or exclusion under the
provisions of 2 C.F.R., subtitle A, chapter II, part 200. (e) The cost is consistent with policies, regulations, and
procedures of the support enforcement program. (f) Unless otherwise provided for in 2 C.F.R., subtitle A,
chapter II, part 200, the cost is determined in accordance with generally
accepted accounting principles. (2) "Calendar
quarter" means one of the following three-month time periods: (a) January first through March thirty-first; (b) April first through June thirtieth; (c) July first through September thirtieth; or (d) October first through December thirty-first. (3) "Contractor" refers to a private or governmental
entity with whom the CSEA enters into a IV-D contract. (4) "Governmental
entity" includes the following entities in the same county as the
CSEA: (a) A court; (b) A prosecutor or other law enforcement official; (c) A sheriff; (d) A clerk of court; (e) A recorder's office; (f) A treasurer's office; or (g) Any other public or governmental agency or
official. (5) "Initiated by
the CSEA" or "CSEA initiated" refers to an activity that is
started by the CSEA, which includes but is not limited to: (a) A complaint or motion filed by the CSEA, including a
complaint or motion in which the CSEA requests to be joined as a party to the
case; and (b) A court hearing or other proceeding before a magistrate that
is the result of a timely objection to an administrative recommendation,
determination, decision, or order issued by the CSEA. (6) "IV-D case"
means a case that has been approved for IV-D services as described in rule
5101:12-10-01.1 of the Administrative Code. (7) "IV-D
contract" means a mutually binding, legal relationship obligating a
private or governmental entity to provide IV-D services in a IV-D case or
perform other administrative duties of the CSEA that pertain to a IV-D case in
return for payment by the CSEA. A IV-D contract is executed through the JFS
07018, "IV-D Contract" (effective or revised effective date as
identified in rule 5101:12-1-99 of the Administrative Code) and JFS 07037,
"IV-D Contract Amendment" (effective or revised effective date as
identified in rule 5101:12-1-99 of the Administrative Code). (8) "IV-D contract
documents" refers to the following forms (effective or revised effective
date as identified in rule 5101:12-1-99 of the Administrative
Code): (a) JFS 01728, "Daily Time Sheet for Non-Dedicated Principal
Staff"; (b) JFS 01729, "Monthly Time Sheet Summary for Non-Dedicated
Principal Staff"; (c) JFS 01730, "Dedicated Principal Staff Exception
Report"; (d) JFS 01731, "Monthly Time Summary for Governmental
Contractor"; (e) JFS 01772, "IV-D Contract Cover
Letter"; (f) JFS 02015, "IV-D Contract Time Study"; (g) JFS 02151, "IV-D Contract Evaluation"; (h) JFS 07015, "Certification of Compliance with Competitive
Sealed Bid Requirements"; (i) JFS 07016, "IV-D Contract Security
Addendum"; (j) JFS 07018; (k) JFS 07020, "Governmental Contractor IV-D Contract
Budget"; (l) JFS 07034, "Governmental Contractor Monthly Expense
Report"; (m) JFS 07035, "IV-D Contract Invoice";
and (n) JFS 07037. (9) "IV-D
services" has the same meaning as in rule 5101:12-1-10.1 of the
Administrative Code. (10) "Law
enforcement official" means district attorneys, attorneys general, and
similar public attorneys and prosecutors and their staff. (11) "Non-federal
share" has the same meaning as in paragraph (A)(3)(a) of rule 5101:12-1-50
of the Administrative Code. The non-federal share is calculated by subtracting
the current FFP reimbursement rate, as defined in rule 5101:12-1-60 of the
Administrative Code, from one hundred per cent. The remaining percentage is the
non-federal share. (12) "Not initiated
by the CSEA" or "non-CSEA initiated" refers to an activity that
is not started by the CSEA, which includes but is not limited to: (a) A court hearing or other proceeding held as a result of a
complaint or motion filed by a private attorney or any entity other than the
CSEA; (b) An activity performed by the CSEA in response to an action
filed by a private attorney or any other entity other than the CSEA including
but not limited to witness testimony, preparation of guidelines calculations,
or responding to subpoenas duces tecum; and (c) An action taken by a CSEA when the CSEA has not requested to
be but is joined as a party to the case. (13) "Private
entity" means a company, organization, or individual that does not meet
the definition of "governmental entity." (14) "Reasonable
cost" in accordance with 2 C.F.R., subtitle A, chapter II, part 200, means
a cost that by its nature and amount does not exceed the cost that would be
incurred by a prudent person under the circumstances prevailing at the time the
decision was made to incur the cost. Considerations include but are not limited
to whether: (a) The cost is generally recognized as an ordinary and necessary
operating expense; (b) Sound business practices and arms-length bargaining have been
utilized; (c) Market prices for comparable goods or services have been
considered; (d) The individuals involved in the IV-D contract process have
acted with prudence considering the individuals' responsibilities to the
CSEA; and (e) The cost does not significantly deviate from established
practices of the CSEA. (15) "Total IV-D
contract cost" means one hundred per cent of the cost of the services
purchased or duties performed under a IV-D contract. (C) IV-D contracts. (1) In accordance with
section 3125.14 of the Revised Code, the CSEA will enter into a IV-D contract
with a court and law enforcement official in the same county as the CSEA to
provide for the enforcement of a support order. (2) If a court or law
enforcement official declines or fails to enter into a IV-D contract with the
CSEA, the CSEA will document any attempt to enter into a IV-D contract with the
court or law enforcement official and retain the documentation in accordance
with rule 5101:12-1-80.4 of the Administrative Code. (D) Types of IV-D contracts. The types of IV-D contracts that the CSEA may
elect to enter into include but are not limited to: (1) A IV-D contract with
a prosecutor in the same county as the CSEA or a private attorney to provide
legal services. (2) A IV-D contract with
a prosecutor in the same county as the CSEA to provide service of process,
including warrants for arrest. (3) A IV-D contract with
the sheriff in the same county as the CSEA to provide service of process,
including warrants for arrest. The CSEA may enter into a IV-D contract with a
person or private entity to provide service of process only when the CSEA
determines that the sheriff is unable to provide the resources necessary for
service of process in a timely manner. (4) A IV-D contract with
a private entity to provide service of process, excluding warrants for
arrest. (5) A IV-D contract with
a court or a clerk of court in the same county as the CSEA to provide the
duties of a clerk of court that are initiated by the CSEA. (6) A IV-D contract with
a court in the same county as the CSEA to provide magistrate services. The CSEA
may elect to purchase: (a) Only CSEA initiated activities; or (b) Both CSEA initiated and non-CSEA initiated
activities. (7) A IV-D contract with
a court in the same county as the CSEA for probation officer services to
provide enforcement duties that target only individuals placed on probation for
non-payment of child support when the enforcement duties of the probation
officer are: (a) Specifically for the purposes of assuring regular and
continuing payments of child support; and (b) Not generally a part of a probation officer's routine of
monitoring the whereabouts and activities of an offender. (8) A IV-D contract with
a private entity to provide collection services. In accordance with section 3125.30 of the
Revised Code, the private entity will forward any payments collected under the
IV-D contract to child support payment central, within the office of child
support (OCS), within the Ohio department of job and family services, no later
than one day after the receipt of the payments. (E) Requirements when the CSEA enters
into a IV-D contract with a court for magistrate services and the CSEA elects
to purchase both CSEA initiated and non-CSEA initiated activities. (1) The court will
certify that all court hearings are conducted in compliance with Title IV-D of
the Social Security Act, Pub. L. No. 93-647, 88 Stat. 2351 (1975), 42 U.S.C.
651 (8/22/1996), as amended up until the effective date of this rule, and the
rules in division 5101:12 of the Administrative Code. (2) A court hearing is
defined as a hearing or other proceeding held as a result of a complaint or
motion filed for the following reasons, including but not limited
to: (a) Establishment of paternity; (b) Establishment and modification of a child support order or
medical support order; (c) Enforcement of a support order; and (d) Collection of a support obligation. (3) No party may be
charged court costs for a court hearing unless the court costs are mandated by
state law. If court costs are assessed and collected, the contractor will
report the collection as income on the JFS 07020. (4) The CSEA will certify
that each case listed on the JFS 07035 was an active, open IV-D case on the
date that the court hearing was held. (F) Limitations when the CSEA intends to
enter into or enters into a IV-D contract with a prosecutor or private attorney
to provide legal services as described in section 3125.17 of the Revised
Code: (1) The CSEA will not
enter into a IV-D contract with a prosecutor or his or her employees as a
private attorney during the prosecutor's term of office. (2) The prosecutor or
private attorney will not represent the CSEA on matters in which that
prosecutor or private attorney participated as a CSEA administrative officer
making administrative determinations or issuing administrative
orders. (G) Competitive sealed bid and proposal
requirements for a IV-D contract with a private entity. (1) A CSEA administered
by a county department of job and family services (CDJFS) that intends to enter
into a IV-D contract with a private entity may elect to use either the
competitive sealed bid process described in section 307.86 of the Revised Code,
or the competitive sealed proposal process described in section 307.862 of the
Revised Code. (2) A CSEA not
administered by a CDJFS that intends to enter into a IV-D contract with a
private entity will use the competitive sealed bid process described in section
307.86 of the Revised Code. (3) A CSEA that is not
administered by a CDJFS or a CSEA that is administered by a CDJFS that elects
to use the competitive sealed bid process will comply with all competitive
sealed bid requirements, including but not limited to the
following: (a) The standards for competitive sealed bidding, as described in
sections 307.86, 307.861, 307.87, 307.88, 307.89, 307.90, 307.91, and 307.92 of
the Revised Code; (b) The standards for acquisition, county standards of conduct,
contracting with small and minority business, women's business enterprise,
and labor surplus area firms, procurement methods, competition, and purchase
threshold, as described in Chapter 5101:9-4 of the Administrative Code;
and (c) The standards for procurement, competition, acquisition
threshold, contracting with small and minority business, women's business
enterprise, and labor surplus area firms, contract cost and price, awarding
agency review, and bonding requirements, as described in 45 C.F.R. 92.36
(4/19/1995). (4) The CSEA will
complete and submit to OCS the JFS 07015 to either certify that the CSEA is in
compliance with applicable state and federal laws regarding the competitive
sealed bid requirements or indicate that the CSEA, if administered by a CDJFS,
has elected to use the competitive sealed proposal process.
Last updated November 1, 2024 at 8:02 AM
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Rule 5101:12-1-80.1 | Completing the IV-D contract.
Effective:
November 1, 2024
(A) The child support enforcement agency
(CSEA) is responsible for the contents of the IV-D contract and all
incorporated IV-D contract documents, regardless of whether the IV-D contract
documents were prepared by the CSEA, the contractor, or another
entity. (B) The following IV-D contract terms are
to be agreed upon by the parties to the IV-D contract and completed by the
CSEA, the contractor, or another entity: (1) IV-D contract
period. The IV-D contract period is for twelve months
or less. When the IV-D contract period is less than twelve months, the CSEA may
amend the IV-D contract to extend the IV-D contract period through the
remainder of the twelve-month period or enter into a new IV-D contract for a
period of twelve months or less. (2) Unit of
service. (a) The unit of service represents the product that the CSEA is
purchasing from the contractor. The CSEA and contractor will ensure that the
unit of service is: (i) Clearly defined in
the IV-D contract; (ii) Able to be
accurately counted and measured; (iii) Related to the
objectives of the support enforcement program; (iv) Eligible for federal
financial participation (FFP) reimbursement; and (v) Provided to, for, or
on behalf of a IV-D case. (b) In a IV-D contract with a court for magistrate services, the
unit of service is to be defined as: (i) An hour; (ii) A court order that
has been filed with the clerk of court; or (iii) A court hearing
presided over by a magistrate. (c) In a IV-D contract with a clerk of court, a unit of service
is to be defined as a filing of a CSEA initiated document. (d) In a IV-D contract with a sheriff for services other than
service of process, a unit of service is to be defined as an hour. (e) In a IV-D contract with a prosecutor or private attorney for
legal services, a unit of service is to be defined as an hour. (f) In a IV-D contract with a private entity for a service other
than legal services, a unit of service is to be defined according to the
standard definition of a unit of service for that industry. (3) Optional purchase of
non-CSEA initiated activities. In a IV-D contract with a court to provide
magistrate services, the CSEA may elect to purchase: (a) Only CSEA initiated activities; or (b) Both CSEA initiated activities and non-CSEA initiated
activities. (4) IV-D contract
costs. (a) Unit rate. (i) In a IV-D contract
with a private entity, the unit rate is determined through the procurement
process. (ii) In a IV-D contract
with a governmental entity: (a) The governmental
entity cannot earn a profit or other increment above allowable costs from the
IV-D contract. (b) For purposes of
calculating the unit rate, the following definitions apply: (i) "Dedicated
unit" means the contractor has staff within a separately designated
operational unit whose only duties are to perform activities under the IV-D
contract. (ii) "Non-dedicated
unit" means the contractor has staff whose duties include performing
activities under the IV-D contract as well as other activities. (iii) "Program"
means services provided by either a non-dedicated unit or a dedicated unit.
Costs for the program consist of the total costs associated with the production
of a unit of service by that non-dedicated or dedicated unit. (c) In a IV-D contract
with a governmental entity, the unit rate will be calculated on the JFS 07020,
"Governmental Contractor IV-D Contract Budget" (effective or revised
effective date as identified in rule 5101:12-1-99 of the Administrative Code),
by using an estimate of the contractor's annual costs that are eligible
for federal financial participation (FFP) reimbursement and an estimate of the
income generated by the provider of the program. (d) The contractor will
calculate the unit rate on the JFS 07020 by: (i) Including one hundred
per cent of the costs of the principal staff of the non-dedicated
unit. (ii) Prorating the
contractor's costs for staff, operations, and equipment. (iii) Including an
estimate of the income generated by the provider of the program. (iv) Including the
estimated number of total operating units to be produced by the principal staff
during the IV-D contract period. (v) Including the
estimated number of units of service to be purchased during the IV-D contract
period. (b) Total IV-D contract cost. (i) The total IV-D
contract cost is calculated by multiplying the unit cost by the number of units
of service expected to be purchased during the IV-D contract
period. (ii) The CSEA will ensure
that the total IV-D contract cost includes both the non-federal share and the
FFP reimbursement. (a) In a IV-D contract
with a private entity: (i) The CSEA will pay the
non-federal share of the total IV-D contract cost; (ii) The contractor will
not contribute the non-federal share of the total IV-D contract cost, either in
cash or in kind; and (iii) The FFP
reimbursement will not be considered as the total IV-D contract
cost. (b) In a IV-D contract
with a governmental entity, the contractor may provide the non-federal share of
the total IV-D contract cost. (iii) The CSEA will not
pay the contractor more than the total IV-D contract cost. (5) Availability of
funds. The CSEA will identify the amount and source of
non-federal funds, as described in rule 5101:12-1-50 of the Administrative
Code, and the amount of FFP reimbursement that is expected to be available for
the reimbursement of services to the contractor. (6) Performance
standards. (a) The performance standards will clearly describe the service
or services that the CSEA is purchasing from the contractor and will
be: (i) In compliance with
the requirements in 45 C.F.R. Part 303 (8/4/1989); (ii) Consistent with and
no less stringent than the rules in division 5101:12 of the Administrative
Code; (iii) Developed in
consultation with the contractor; (iv) Sufficiently
detailed to clearly define the expected performance; (v) Quantifiable;
and (vi) Measurable and
clearly specify the method and frequency of measurement. (b) Examples of performance standards are included in the
JFS 07018-I, "Instructions for JFS 07018, IV-D Contract" (effective
or revised effective date as identified in rule 5101:12-1-99 of the
Administrative Code). (c) The CSEA will attach a document to the JFS 07018,
"IV-D Contract" (effective or revised effective date as identified in
rule 5101:12-1-99 of the Administrative Code) that describes the performance
standards for the IV-D contract. When the contractor and CSEA are amending the
performance standards of a IV-D contract, the CSEA will attach a document to
the JFS 07037, "IV-D Contract Amendment" (effective or revised
effective date as identified in rule 5101:12-1-99 of the Administrative Code)
that describes the amended performance standards. (7) Access of program to
public. The CSEA and contractor will describe when the
contractor will provide services to the public. (C) IV-D contract
signatures. (1) The JFS 07018 and JFS
07037 will be signed and dated by: (a) The authorized representative of the CSEA; (b) The authorized representative of the contractor;
and (c) The majority of the commissioners in the county or a person
formally authorized by the commissioners to sign on their behalf. (2) If mandated by the
county, the prosecutor will also sign the JFS 07018 and JFS 07037. (D) Amending the IV-D
contract. (1) After a IV-D contract
is in effect, the CSEA and contractor may agree to amend the IV-D contract
terms as described in paragraph (B) of this rule at any time during the IV-D
contract period by completing and submitting to the office of child support
(OCS) the JFS 07037. (a) OCS will review the IV-D contract amendment and determine
whether the amendment is acceptable for purposes of FFP
reimbursement. (b) OCS will notify the CSEA of its determination. (2) The CSEA will amend
the IV-D contract to increase the total IV-D contract cost when the total IV-D
contract cost amount is insufficient to provide services for the entire IV-D
contract period and the CSEA desires to continue to purchase services for the
remainder of the IV-D contract period. (E) Modifying the IV-D
contract. Language in the JFS 07018 and JFS 07037 will not
be modified, deleted, struck out, or added, except for the following: (1) Before signing the
IV-D contract or IV-D contract amendment, the CSEA or contractor may agree to
modify the language contained in the IV-D contract or IV-D contract
amendment. (a) The CSEA will submit the proposed modifications to
OCS. (b) OCS will review the proposed modifications and determine
whether the modifications are acceptable for purposes of FFP
reimbursement. (c) OCS will notify the CSEA of its determination. (2) If the CSEA or
contractor modifies the language in the IV-D contract or IV-D contract
amendment without the agreement of both parties and acceptance from OCS, the
modified IV-D contract or IV-D contract amendment will have no force or effect
of law.
Last updated November 1, 2024 at 8:02 AM
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Rule 5101:12-1-80.2 | IV-D contract submission requirements and acceptance process.
Effective:
November 1, 2024
(A) Submission requirements. (1) The child support
enforcement agency (CSEA) and contractor will not add any text to any of the
IV-D contract documents, or make any modifications, deletions, or strike outs
to the IV-D contract documents, whether to the face of or as an addenda to the
IV-D contract documents with the following exceptions: (a) The CSEA and contractor may agree to amend the IV-D contract
in accordance with paragraph (D) of rule 5101:12-1-80.1 of the Administrative
Code; (b) The CSEA and contractor may agree to modify the IV-D contract
in accordance with paragraph (E) of rule 5101:12-1-80.1 of the Administrative
Code; or (c) The CSEA and contractor may agree to modify the information
in the insertable fields contained in the IV-D contract documents. (2) The CSEA will retain
the original, completed, and signed IV-D contract and all original completed
IV-D contract documents and submit to the office of child support (OCS) a copy
of the following completed IV-D contract documents, as applicable: (a) For a IV-D contract between the CSEA and a private
entity: (i) The JFS 01772,
"IV-D Contract Cover Letter" (effective or revised effective date as
identified in rule 5101:12-1-99 of the Administrative Code); (ii) The JFS 07015,
"Certification of Compliance with Competitive Sealed Bid
Requirements" (effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code); (iii) The JFS 07016,
"IV-D Contract Security Addendum" (effective or revised effective
date as identified in rule 5101:12-1-99 of the Administrative
Code); (iv) The JFS 07018,
"IV-D Contract" (effective or revised effective date as identified in
rule 5101:12-1-99 of the Administrative Code) and attached document that
describes the performance standards; (v) The resolution of the
county commissioners that authorizes the IV-D contract expenditure or the
minutes of the county commissioners meeting during which the IV-D contract was
authorized, unless the county commissioners have delegated the authority to
enter into the IV-D contract to the county department of job and family
services (CDJFS). If such delegation of contracting authority has occurred, the
CSEA will submit the certification of available funds in accordance with
section 5705.41 of the Revised Code; and (vi) Any other documents
as requested by OCS. (b) For a IV-D contract between the CSEA and a governmental
entity: (i) The JFS
01772; (ii) The JFS
07016; (iii) The JFS 07018 and
attached document that describes the performance standards; (iv) The JFS 07020,
"Governmental Contractor IV-D Contract Budget" (effective or revised
effective date as identified in rule 5101:12-1-99 of the Administrative
Code); (v) The summary page from
the county's cost allocation plan, if indirect costs are included in the
calculation of the budget; (vi) The resolution of
the county commissioners that authorizes the IV-D contract expenditure or the
minutes of the county commissioners meeting during which the IV-D contract was
authorized, unless the county commissioners have delegated the authority to
enter into the IV-D contract to the CDJFS. If such delegation of contracting
authority has occurred, the CSEA will submit the certification of available
funds in accordance with section 5705.41 of the Revised Code; and (vii) Any other documents
as requested by OCS. (c) For a IV-D contract amendment between the CSEA and a private
entity: (i) The JFS
01772; (ii) The JFS 07037,
"IV-D Contract Amendment" (effective or revised effective date as
identified in rule 5101:12-1-99 of the Administrative Code) and attached
document that describes the amended performance standards, if
applicable; (iii) The resolution of
the county commissioners that authorizes the IV-D contract expenditure or the
minutes of the county commissioners meeting during which the IV-D contract was
authorized, unless the county commissioners have delegated the authority to
enter into the IV-D contract to the CDJFS. If such delegation of contracting
authority has occurred, the CSEA will submit the certification of available
funds in accordance with section 5705.41 of the Revised Code; and (iv) Any other documents,
as requested by OCS. (d) For a IV-D contract amendment between the CSEA and a
governmental entity: (i) The JFS
01772; (ii) The JFS 07037 and
attached document that describes the amended performance standards, if
applicable; (iii) The JFS
07020; (iv) The resolution of
the county commissioners that authorizes the IV-D contract expenditure or the
minutes of the county commissioners meeting during which the IV-D contract was
authorized, unless the county commissioners have delegated the authority to
enter into the IV-D contract to the CDJFS. If such delegation of contracting
authority has occurred, the CSEA will submit the certification of available
funds in accordance with section 5705.41 of the Revised Code; and (v) Any other documents,
as requested by OCS. (B) Submission time frame. In order to ensure that the CSEA will have
sufficient time to make any necessary corrections to the IV-D contract or IV-D
contract amendment and be eligible to receive federal financial participation
(FFP) reimbursement for the entire IV-D contract period, OCS recommends that
the CSEA submit the IV-D contract or IV-D contract amendment to OCS no later
than the last day of the first month of the calendar quarter for which the CSEA
expects to receive FFP reimbursement. (C) OCS review and acceptance of a IV-D
contract or IV-D contract amendment. (1) OCS will conduct a
review of a IV-D contract or IV-D contract amendment and all IV-D contract
documents that will not exceed thirty days from the receipt of the IV-D
contract or IV-D contract amendment. OCS will then make a determination of
whether the IV-D contract or IV-D contract amendment appears to be valid and
acceptable for purposes of FFP reimbursement in accordance with the following
standards: (a) Each IV-D contract cost appears to meet the definitions of
"allowable cost" and "reasonable cost," as defined in
paragraph (B) of rule 5101:12-1-80 of the Administrative Code. (b) Each IV-D contract cost appears to be eligible for FFP
reimbursement, in accordance with rules 5101:12-1-60 and 5101:12-1-60.1 of the
Administrative Code. (c) The unit of service appears to be eligible for FFP
reimbursement, in accordance with rules 5101:12-1-60 and 5101:12-1-60.1 of the
Administrative Code. (d) The IV-D contract or IV-D contract amendment appears to
comply with all applicable state and federal requirements. (2) When OCS determines
that a IV-D contract or IV-D contract amendment appears to be valid and
acceptable for purposes of FFP reimbursement, OCS will issue a IV-D contract
acceptance letter to the CSEA. (3) OCS shall not accept
a IV-D contract or IV-D contract amendment when: (a) The IV-D contract or IV-D contract amendment does not appear
to be valid or acceptable for purposes of FFP reimbursement, in accordance with
the standards described in paragraph (C)(1) of this rule. (b) The CSEA or contractor have added text other than the
required information in the insertable fields contained in any of the IV-D
contract documents, or modified the IV-D contract documents, whether to the
face of or as an addenda to the IV-D contract document, without the agreement
of both parties to the IV-D contract and without the approval from OCS for the
modifications. OCS will notify the CSEA when OCS determines
that a IV-D contract or IV-D contract amendment does not appear to be valid and
acceptable for purposes of FFP reimbursement. The CSEA may make any necessary
corrections or submit to OCS a new IV-D contract or IV-D contract amendment, if
appropriate. (4) The OCS review is not
intended to constitute an audit of the IV-D contract or IV-D contract
amendment. The OCS review will not replace any review or audit that may be
conducted by the Ohio department of job and family services, or any other
federal, state, or local entity.
Last updated November 1, 2024 at 8:02 AM
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Rule 5101:12-1-80.3 | IV-D contract time and exception reporting, invoicing, monitoring, and evaluation.
Effective:
November 1, 2024
(A) Time study for a IV-D contract with a
court for magistrate services. (1) The time study is
used to calculate the IV-D multiplier and identify the average length of time
needed to: (a) Produce a court order, which will include the time spent
preparing for and conducting a court hearing; or (b) Conduct a court hearing. The IV-D multiplier is a comparison of the
average amount of time spent on activities that are reimbursable under the IV-D
contract to the average amount of time spent on all recorded activities. The
IV-D multiplier is also used to calculate the justified unit rate. The
justified unit rate is used to determine the actual IV-D contract cost for
invoicing purposes each month. (2) A time study is
necessary when the IV-D contract is with a court for magistrate services and
all of the following conditions are met: (a) The unit of service is defined as a court order or a court
hearing; (b) The IV-D contract is for child support enforcement agency
(CSEA) initiated activities or both CSEA initiated activities and non-CSEA
initiated activities; and (c) The court docket includes activities that are reimbursable
and not reimbursable under the IV-D contract. (3) The time study will
be conducted: (a) At least one time per year; and (b) During a twelve-month period of time before the signature
date on the IV-D contract; and (c) For a total of four weeks during any calendar year. The four
weeks can be: (i) Four consecutive
weeks; (ii) One week per
quarter; or (iii) Two consecutive
weeks at two different intervals. (4) Each magistrate who
performs activities under the IV-D contract will complete one JFS 02015,
"IV-D Contract Time Study" (effective or revised effective date as
identified in rule 5101:12-1-99 of the Administrative Code) for each day of the
time study. (5) The contractor will
submit to the CSEA all of the JFS 02015s upon completion of all of the time
studies. (6) The CSEA will review
each JFS 02015 and work with the contractor to resolve any discrepancies in
accuracy or completeness, if any. The CSEA will maintain documentation of the
review of the JFS 02015s, the results of the review, and how any identified
discrepancies were resolved. (B) Time sheet and exception
reporting. (1) For purposes of
completing a time sheet or exception report, the following definitions
apply: (a) "Dedicated principal staff" means principal staff,
as listed on the JFS 07020, "Governmental Contractor IV-D Contract
Budget" (effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code), who work one hundred per cent of the
time on activities that are reimbursable under the IV-D contract. (b) "Non-dedicated principal staff" means principal
staff, as listed on the JFS 07020, who work less than one hundred per cent of
the time on activities that are reimbursable under the IV-D
contract. (2) Time sheet
requirement for a IV-D contract with a private entity. (a) When the unit of service is defined as an hour, the
contractor will record the time spent each month on activities that are
reimbursable under the IV-D contract on a time sheet that contains the
following data elements and is signed by the contractor; (b) Date; (c) Description of activity; (d) Time activity began; (e) Time activity ended; (f) Case number; (g) Support enforcement tracking system (SETS) case number, if
available; and (h) Contractor's signature. (3) Time sheet
requirement for a IV-D contract with a governmental entity with non-dedicated
principal staff. When the unit of service is defined as an
hour: (a) The contractor will record and certify on the JFS 01728,
"Daily Time Sheet for Non-Dedicated Principal Staff" (effective or
revised effective date as identified in rule 5101:12-1-99 of the Administrative
Code) the time spent each day on both activities that are reimbursable and not
reimbursable under the IV-D contract. (b) The CSEA has the option to mandate the contractor to record
and certify on the JFS 01729, "Monthly Time Sheet Summary for
Non-Dedicated Principal Staff" (effective or revised effective date as
identified in rule 5101:12-1-99 of the Administrative Code) the time spent each
month on both activities that are reimbursable and not reimbursable under the
IV-D contract. If the CSEA requires the contractor to record time on the JFS
01729, the CSEA will include this requirement in the performance standards of
the IV-D contract. (c) The CSEA has the option to mandate the contractor to record
on the JFS 01731, "Monthly Time Summary for Governmental Contractor"
(effective or revised effective date as identified in rule 5101:12-1-99 of the
Administrative Code) the time spent each month on both activities that are
reimbursable and not reimbursable under the IV-D contract for each principal
staff who completed a JFS 01728 for the month. If the CSEA mandates the
contractor to record time on the JFS 01731, the CSEA will include this
requirement in the performance standards of the IV-D contract. (4) Exception report
requirement for a IV-D contract with a governmental entity with dedicated
principal staff. When the unit of service is defined as an
hour: (a) The principal staff as listed on the JFS 07020 will record
and certify on the JFS 01730, "Dedicated Principal Staff Exception
Report" (effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code) the dates and time spent each month on
both activities that are reimbursable and not reimbursable under the IV-D
contract; and (b) The CSEA has the option to mandate the contractor to record
on the JFS 01731 the time spent each month on both activities that are
reimbursable and not reimbursable under the IV-D contract for each principal
staff who completed a JFS 01730 for the month. If the CSEA mandates the
contractor to record time on the JFS 01731, the CSEA will include this
requirement in the performance standards of the IV-D contract. (C) Invoicing. (1) Invoicing for a IV-D
contract with a governmental entity. (a) The contractor will record the contractor's actual
monthly costs on the JFS 07034, "Governmental Contractor Monthly Expense
Report" (effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code) to identify the justified unit rate.
The contractor will submit the JFS 07034 to the CSEA within thirty days of the
last day of the month in which services were performed. (b) The CSEA will complete and submit to the office of child
support (OCS) the JFS 07034 in the electronic spreadsheet format, that is
posted to the Ohio department of job and family services (ODJFS) innerweb,
within forty-five days of the last day of the month in which services were
performed. (c) The contractor will complete and submit to the CSEA the JFS
07035, "IV-D Contract Invoice" (effective or revised effective date
as identified in rule 5101:12-1-99 of the Administrative Code) no later than
thirty days after the last day of the month in which services were
performed. (d) The contractor will ensure that the cumulative amount
invoiced to the CSEA during the IV-D contract period does not exceed the total
IV-D contract cost. (e) When the unit of service is defined as an hour, the
contractor will multiply the justified unit rate by the actual time spent on
activities purchased under the IV-D contract during the month to determine the
actual IV-D contract cost for the month. (f) When the unit of service is not defined as an hour, the
contractor will multiply the justified unit rate by the number of units of
service purchased during the month to determine the actual IV-D contract cost
for the month. (2) Invoice payment
options for a IV-D contract with a governmental entity. (a) The CSEA is responsible for paying the actual expenses as
determined by the process described in paragraphs (C)(1)(a) to (C)(1)(f) of
this rule. (b) The CSEA may elect to pay the justified unit rate on a
monthly basis as reported on the JFS 07034. (c) The CSEA may elect to pay the unit rate as determined on the
JFS 07020 and reconcile actual expenses to budgeted expenses on a quarterly
basis. If the CSEA elects to reconcile actual expenses to budgeted expenses on
a quarterly basis, the CSEA will: (i) Within forty-five
days of the end of the calendar quarter, reconcile the actual expenses to the
amount paid during the calendar quarter; and (ii) Annually certify on
the JFS 02151, "IV-D Contract Evaluation" (effective or revised
effective date as identified in rule 5101:12-1-99 of the Administrative Code)
that the monetary reconciliation occurred for each calendar quarter during the
IV-D contract period. (3) Invoicing for a IV-D
contract with a private entity. (a) The contractor will complete and submit to the CSEA the JFS
07035 no later than thirty days after the last day of the month in which
services were performed. (b) The contractor will multiply the unit rate by the number of
units of service provided during the month to determine the IV-D contract costs
for the month. (c) The contractor will ensure that the cumulative amount
invoiced to the CSEA during the IV-D contract period does not exceed the total
IV-D contract cost. (D) Invoice approval. (1) Within thirty days of
receipt of the JFS 07035, the CSEA will: (a) Review the JFS 07035; and, (b) When the CSEA determines that the JFS 07035 is completed
correctly, approve the JFS 07035 for payment. (2) When the CSEA
determines that the JFS 07035 is not completed correctly, the CSEA
will: (a) Request the contractor amend the JFS 07035; and (b) Within thirty days of receipt of an amended JFS 07035 that
has been completed correctly, approve the amended JFS 07035 for
payment. (E) Monitoring. (1) The CSEA
will: (a) Monitor all activities performed under the IV-D contract to
ensure that all support enforcement program requirements are met in accordance
with the rules in division 5101:12 of the Administrative Code. (b) Only reimburse the contractor for activities provided to,
for, or on behalf of a case that was in open IV-D status at the time of the
activity. (c) Review the JFS 07034 that is submitted by the contractor each
month in order to monitor any variation between the unit rate as listed on the
JFS 07020 and the justified unit rate as calculated on the JFS
07034. (d) Ensure that the cumulative amount reimbursed to the
contractor does not exceed the total IV-D contract cost as listed on the JFS
07018, "IV-D Contract" (effective or revised effective date as
identified in rule 5101:12-1-99 of the Administrative Code) or the JFS 07037,
"IV-D Contract Amendment" (effective or revised effective date as
identified in rule 5101:12-1-99 of the Administrative Code). (2) OCS
will: (a) Review the JFS 07034 within thirty days from the date that
OCS receives the JFS 07034 from the CSEA in order to monitor any variation
between the unit rate as listed on the JFS 07020 and the justified unit rate as
calculated on the JFS 07034. (b) Ensure that the cumulative amount reimbursed to the
contractor does not exceed the total IV-D contract cost as listed on the JFS
07018 or JFS 07037. (F) Evaluation. The CSEA will: (1) Evaluate a IV-D
contract by completing a JFS 02151. The CSEA will conduct the evaluation any
time after the third quarter of the IV-D contract period but no later than
ninety days after the conclusion of the IV-D contract period. (2) Issue a copy of the
JFS 02151 to the contractor and OCS within thirty days of completing the JFS
02151.
Last updated November 1, 2024 at 8:03 AM
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Rule 5101:12-1-80.4 | IV-D contract record retention.
Effective:
November 1, 2024
(A) The child support enforcement agency
(CSEA) and contractor will retain all IV-D contract records: (1) For a period of three
years after the final payment is made to the contractor and all matters
relating to the IV-D contract are concluded; or (2) In accordance with
the county records commission in the county in which the CSEA serves, when the
county records commission mandates a retention period of more than three
years. (B) IV-D contract records include but are
not limited to: (1) Documents generated
as a result of the procurement process, when applicable, including proof of
formal advertising and the selection of the contractor; (2) A list of potential
contractors contacted when the total IV-D contract cost is for an amount that
is less than twenty-five thousand dollars or, when the county in which the CSEA
serves has a contract threshold requirement that is less than twenty-five
thousand dollars, the total IV-D contract cost is for an amount that is less
than the local contract threshold requirement; (3) All IV-D contract
documents; (4) Documentation of any
attempt to enter into a IV-D contract with the court or law enforcement
official; (5) Any documentation
that the sheriff is unable to provide the resources necessary for service of
process in a timely manner when the CSEA attempts to enter into a IV-D contract
with a sheriff; (6) Any documentation
from the sheriff that the sheriff charges other agencies service of process
fees; (7) Financial
records; (8) Statistical
records; (9) Any documents or
correspondence, including electronic correspondence, from the office of child
support (OCS) or the federal office of child support enforcement regarding the
IV-D contract; and (10) All other records
regarding delivery of services under the IV-D contract. (C) When an audit, litigation, or other
action involving the IV-D contract is started before the end of the retention
period, the CSEA and contractor will retain the IV-D contract records until all
issues are resolved. (D) The CSEA and contractor will make the
IV-D contract records available to any authorized governmental representative
during reasonable times. A governmental representative includes but is not
limited to a representative from the: (1) United States
department of health and human services; (2) Comptroller general
of the United States; (3) State of
Ohio; (4) County auditor;
and (5) CSEA. (E) The CSEA will obtain approval from
the county records commission before destroying the IV-D contract
records.
Last updated November 1, 2024 at 8:03 AM
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Rule 5101:12-1-85 | Statewide genetic testing contract.
(A) The Ohio department of job and family services (ODJFS) may enter into a contract with a laboratory that performs legally and medically acceptable genetic testing (hereinafter referred to as "contractor") to perform genetic testing in IV-D cases. ODJFS shall provide a list of laboratories that perform legally and medically acceptable genetic testing upon the request of a court, law enforcement official, child support enforcement agency (CSEA), or a member of the public. (B) A CSEA may participate in the statewide genetic testing contract (hereinafter referred to as "contract") by contacting the contractor to initiate services. Participation in the contract does not preclude the CSEA from contracting with another laboratory to perform genetic testing. (C) ODJFS shall pay the cost of genetic testing performed under the contract when the cost of genetic testing for the case is eligible for federal financial participation (FFP) and: (1) There is not a final and enforceable determination of paternity, as described in paragraph (A)(6) of rule 5101:12-40-05 of the Administrative Code; (2) A JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), was signed by the mother and father and an action was filed to rescind the JFS 07038 within sixty days of the signing of the JFS 07038, in accordance with paragraph (C) of rule 5101:12-40-17 of the Administrative Code; or (3) There is a final and enforceable determination of paternity and: (a) An action was brought, pursuant to section 3111.28 of the Revised Code, by a man presumed to be the father of the child who did not sign the JFS 07038, either person who signed the JFS 07038, or a guardian or legal custodian of the child no later than one year after a JFS 07038 becomes final to rescind the JFS 07038 and the CSEA receives a court order to conduct genetic testing; (b) A court has ordered the CSEA to conduct genetic testing as a result of one of the parties filing a motion under rule 60(B) (7/1/1970) of the Rules of Civil Procedure; or (c) A person has filed a motion for relief from a determination of paternity or a support order in accordance with section 3119.961 of the Revised Code and: (i) The CSEA has intervened in the action in order to defend the original paternity determination or the child support order; or (ii) The CSEA receives a court order to conduct genetic testing. (D) Invoice procedures. (1) Each month, the contractor is required to submit an invoice to each CSEA for whom the contractor completed genetic testing or conducted partial testing. "Completed genetic testing" means the contractor issued genetic testing results on a case. "Partial testing" means the contractor could not complete genetic testing for a case because genetic testing samples for all the necessary parties were not received by the laboratory. (2) Within five business days of receipt of the invoice, the CSEA shall review, sign, and mail or electronically transmit a facsimile of the invoice, along with any attachments, to the contractor. (3) When there is a discrepancy on the invoice, the CSEA shall note the discrepancy and any necessary adjustment to the total amount billed on the invoice. A discrepancy exists when: (a) The cost of completed genetic testing or partial testing was included on the invoice on a case that did not meet the requirements described in paragraph (C) of this rule; or (b) Completed genetic testing was approved for payment in a previous invoice. A CSEA that fails three times within the contract period to return the invoice to the contractor within five business days of receipt may be removed from participation in the contract for the remainder of the contract period. ODJFS shall notify the CSEA thirty days in advance of such removal. (4) The contractor shall submit a final invoice and copies of approved or adjusted invoices and any attachments received from the CSEA to ODJFS. (5) ODJFS shall pay the final invoice amount. (E) The CSEA shall be responsible for paying for completed genetic testing or partial testing that was performed at the CSEA's request and did not meet the requirements described in paragraph (C) of this rule. (F) When reimbursement is received for genetic testing costs that were paid or will be paid by ODJFS, the CSEA shall ensure that the collection is disbursed to ODJFS. A CSEA that fails to ensure the proper disbursement of such collection may be removed from participation in the statewide genetic testing contract for the remainder of the contract period. ODJFS shall notify the CSEA thirty days in advance of such removal. When reimbursement is received for genetic testing costs for which the CSEA paid the local share on or after October 1, 2006, the CSEA may recover the local share. In order to recover the local share the CSEA shall track such collections and report the collections to ODJFS on a monthly basis in the format designated by ODJFS. ODJFS shall make the appropriate financial adjustments. (G) When a CSEA has been prohibited from participating in the contract, the CSEA shall secure a local genetic testing contract.
Last updated January 3, 2024 at 1:50 PM
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Rule 5101:12-1-90 | Account information access agreements.
Effective:
December 1, 2011
(A) The federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, 110 Stat. 2105 (1996), 42 U.S.C. 666(a)(17) January 1, 1998, enacted in Ohio as sections 3121.74 to 3121.78 and 3123.24 to 3123.38 of the Revised Code, requires that states enter into agreements with financial institutions doing business in the state to conduct quarterly matches of obligors who owe past-due support with funds on deposit in the financial institution. (B) The office of child support (OCS) in the Ohio department of job and family services (ODJFS) is authorized to enter into account information access agreements with financial institutions doing business in this state and with financial institutions doing business in other states. OCS has joined an alliance of states for the purpose of participating in the financial institution data match (FIDM) program with financial institutions doing business in Ohio. The alliance facilitates the use of the FIDM program with a single state financial institution (SSFI) that does business in Ohio and with SSFIs in other states that do business only within the state in which they are located. A "single state financial institution" is a financial institution conducting business in only one state.
Last updated October 12, 2023 at 10:50 AM
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Rule 5101:12-1-99 | Chapter 5101:12-1 forms - Ohio support enforcement program.
Effective:
November 1, 2024
The forms identified in this rule are referenced
within various rules contained within division 5101:12 of the Administrative
Code. The effective or revised effective dates of the forms are as
follows: (A) JFS 01709, "Confidentiality of
Information Reference Guide" (11/2011); (B) JFS 01728, "Daily Time Sheet for
Non-Dedicated Principal Staff" (rev. 10/2024); (C) JFS 01729, "Monthly Time Sheet
Summary for Non-Dedicated Principal Staff" (2/2009); (D) JFS 01730, "Dedicated Principal
Staff Exception Report" (2/2009); (E) JFS 01731, "Monthly Time Summary
for Governmental Contractor" (2/2009); (F) JFS 01772, "IV-D Contract Cover
Letter" (rev. 10/2024); (G) JFS 02015, "IV-D Contract Time
Study" (rev. 2/2009); (H) JFS 02151, "IV-D Contract
Evaluation" (rev. 10/2024); (I) JFS 02750, "Child Support Enforcement Agency Quarterly
Financial Certification" (rev. 6/2020) (J) JFS 04001, "Request for Case Information"
(11/2011); (K) JFS 04234, "Annual Full-Time Equivalent Report"
(rev. 1/2008); (L) JFS 07014, "Tax Information Safeguarding Authorization
Agreement" (rev. 4/2008); (M) JFS 07015, "Certification of Compliance with Competitive
Sealed Bid Requirements" (rev. 10/2024); (N) JFS 07016, "IV-D Contract Security Addendum" (rev.
11/2022); (O) JFS 07018, "IV-D Contract" (rev.
10/2024); (P) JFS 07018-I,"Instructions for JFS 07018, IV-D
Contract (10/2024) (Q) JFS 07019, "Federal Tax Information Item Tracking
Log" (4/2008); (R) JFS 07020, "Governmental Contractor IV-D Contract
Budget" (rev. 2/2009); (S) JFS 07034, "Governmental Contractor Monthly
Expense Report" (rev. 2/2009); (T) JFS 07035, "IV-D Contract Invoice" (rev.
2/2009); (U) JFS 07037, "IV-D Contract Amendment" (rev.
10/2024); (V) JFS 07038, "Acknowledgment of Paternity
Affidavit" (5/2014), or (rev. 10/2023); (W) JFS 07072, "Safeguarding of Internal Revenue
Service (IRS), Ohio Department Of Taxation (ODT), Federal Parent Locator
Service (FPLS), and Unemployment Compensation (UC) Information" (rev.
11/2022); (X) JFS 07078, "Code of Responsibility" (rev.
3/2020); (Y) JFS 07729, "FTI Safeguarding Workbook" (rev.
11/2022); (Z) JFS 07766, "Child Support Guideline Manual"
(rev. 8/2024); (AA) JFS 07767, "Ohio Basic Child Support Guideline
Schedule" (rev. 6/2023); (BB) JFS 07768, "Sole/Shared Child Support Computation
Worksheet" (rev. 3/2019); and (CC) JFS 07769, "Split Parenting Child Support
Computation Worksheet" (rev. 3/2019).
Last updated December 11, 2024 at 1:15 PM
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