CSPMTL 3 (New, Amended, and Rescinded Child Support Rules and Forms)
Child Support Program Manual Transmittal Letter No. 3
January 26, 2006
TO: All Child Support Program Manual Holders
FROM: Barbara E. Riley, Director
SUBJECT: New, Amended, and Rescinded Child Support Rules and Forms

The Office of Child Support (OCS) has adopted, amended, or rescinded the following rules:

Rescinded or Amended Rule Number(s)Rescinded Rule NameEffective Date of Rescinded or Amended RuleReplacement Rule NumberReplacement Rule NameEffective Date of Replacement Rule
5101:1‑30‑03Safeguarding of federal parent locator services (FPLS) information06/02/015101:12‑10‑25.4Safeguarding of participant information01/01/06
 Changes: Discusses the safeguarding requirements for information obtained by the child support enforcement agency (CSEA) from the Internal Revenue Service, Federal Parent Locator Service, the Ohio department of taxation, and the Ohio office of unemployment compensation. The rule adds requirements for contractors, OCS staff, and CSEA staff to safeguard information received from all four sources.
5101:1‑30‑65Safeguarding IRS taxpayer information07/01/025101:12‑10‑25.4Safeguarding of participant information01/01/06
 Changes: Proposed OAC rule 5101:12‑10‑25.4 incorporates the provisions of rescinded OAC rules 5101:1‑30‑03 and 5101:1‑30‑65 in order to combine, in one rule, safeguarding requirements for information obtained from the IRS and the Federal Parent Locator Service. Safeguarding requirements for information obtained from the Ohio Department of Taxation and the Ohio Office of Unemployment Compensation have also been included in the replacement rule.
5101:1‑30‑58.4IV-D services for Ohio obligees residing in other states03/01/035101:12‑10‑30.1Administrative responsibility01/01/06
 Changes: OAC rule 5101:12‑10‑30.1 incorporates provisions of rescinded rule 5101:1‑30‑58.4. Also, made minor clarifications in and reorganized rule 5101:12‑10‑30.1.
5101:1‑30‑61.3Termination of support09/03/055101:12‑60‑50Termination of support01/01/06
 Changes: The proposed OAC rule 5101:12‑60‑50 has been reorganized for clarity. No substantive changes in CSEA procedures have been made.
5101:1‑30‑79Collection of child support through unemployment compensation04/18/035101:12‑50‑10.8Withholding from unemployment compensation benefits initiated by a child support enforcement agency (CSEA)01/01/06
 Changes: The proposed OAC rule contains reorganized and clarified requirements for the withholding of unemployment compensation benefits. No substantive changes in CSEA procedures have been made.
5101:1‑31‑73Penalty for failure to meet reporting requirements07/01/025101:12‑10‑40.3Penalty for failure to meet reporting requirements01/01/06
 Changes: The proposed OAC rule 5101:12‑10‑40.3 includes revisions to the penalties for failure by a CSEA to submit certain fiscal reports in a timely manner.
5101:12‑50‑05Techniques for the enforcement of support orders09/01/055101:12‑50‑05Techniques for the enforcement of support orders01/01/06
 Changes: The proposed rule replaced the reference to rule 5101:1‑30‑86, "Voiding of fraudulent transfers," with proposed rule 5101:12‑50‑50, "Judicial enforcement actions."
5101:1‑30‑40.1Court actions12/01/015101:12‑50‑50Judicial enforcement actions01/01/06
 Changes: The proposed rule includes judicial enforcement actions that are in addition to those included in 5101:1‑30‑40.1. The new rule describes both required and discretionary judicial actions. No substantive changes to the CSEA's procedures have been made.
5101:1‑30‑58.3Federal criminal non-support03/01/035101:12‑50‑58Criminal enforcement of support orders using 'Project Save Our Children'(PSOC)01/01/06
 Changes: The proposed rule describes existing federal procedures and has been reorganized for clarity and ease of use. There is a specific reference to referral forms and a security agreement that is specifically for use in the PSOC program. No substantive changes to the CSEA's procedures have been made.
5101:1‑30‑58.5Interstate collections03/01/035101:12‑70‑05.1Requirements for initiating and responding CSEAs in interstate cases01/01/06
 Changes: The proposed rule does not include the first paragraph of the rescinded rule as disbursement information is contained in paragraph (A)(1) of rule 5101:12‑80‑05.4, "Child support payment central (CSPC) disbursements"; combined the second sentence of paragraph (A) and all of paragraph (B) from the rescinded rule and included them in paragraphs (A)(1)(f) and (A)(2)(i) of the proposed rule. No substantive changes to the CSEA's procedures have been made.
5101:1‑30‑58.7Payment and recovery of costs for interstate cases03/01/035101:12‑70‑05.1Requirements for initiating and responding CSEAs in interstate cases01/01/06
 Changes: Paragraph (A) of the rescinded rule was revised and added to paragraph (A)(2)(j) of the proposed rule; paragraph (B) of the rescinded rule will be included in the revision to the Genetic Testing rule (currently rule 5101:1‑31‑26); paragraph (C) of the rescinded rule was made obsolete by the adoption of the Uniform Interstate Family Support Act (UIFSA) so it is not included in the proposed rule; paragraphs (D), (E), and (F) of the rescinded rule were deleted because court costs and filing fees are already addressed in the OAC rules regarding IV-D contracts (5101:12‑10‑45 through 5101:12‑10‑45.7); deleted paragraph (G) of the rescinded rule as it is already addressed in rule 5101:12‑80‑05.7, "Interstate cost recovery reporting." No substantive changes to the CSEA's procedures have been made.
5101:1‑30‑58.9Surrender of obligor charged with criminal non-support01/01/985101:12‑50‑55Extradition of obligors01/01/06
 Changes: Reorganized the material for clarity and ease of use; provided greater detail regarding the CSEA's actions when requesting the extradition of an obligor from another state or responding to a request from another state of an obligor located in Ohio; described the process used by the Ohio governor when a request to extradite an obligor from another state or to Ohio is received. No substantive changes to the CSEA's procedures have been made.
5101:1‑30‑86Voiding of fraudulent transfers04/18/035101:12‑50‑50Judicial enforcement actions01/01/06
 Changes: The material from the current rule was incorporated in the proposed rule and reorganized for clarity and ease of use. No substantive changes to the CSEA's procedures have been made.
5101:1‑30‑88Professional license suspension10/14/015101:12‑55‑25License suspension01/01/06
 Changes: Rules 5101:1‑30‑88, 5101:1‑30‑88.1 and 5101:1‑30‑88.2 have been incorporated into one rule; the replacement rule describes a notice required by Revised Code to inform the obligor of a proposed action to suspend a license. This notice was not described in the previous rules. The rule has been reorganized for clarity and ease of use. Other than the required notice, no substantive changes to the CSEA's procedures have been made.
5101:1‑30‑88.1Suspension of driver's license06/02/015101:12‑55‑25License suspension01/01/06
 Changes: Rules 5101:1‑30‑88, 5101:1‑30‑88.1 and 5101:1‑30‑88.2 have been incorporated into one rule; the replacement rule describes a notice required by Revised Code to inform the obligor of a proposed action to suspend a license. This notice was not described in the previous rules. The rule has been reorganized for clarity and ease of use. Other than the required notice, no substantive changes to the CSEA's procedures have been made.
5101:1‑30‑88.2Recreational license suspension10/14/015101:12‑55‑25License suspension01/01/06
 Changes: Rules 5101:1‑30‑88, 5101:1‑30‑88.1 and 5101:1‑30‑88.2 have been incorporated into one rule; the replacement rule describes a notice required by Revised Code to inform the obligor of a proposed action to suspend a license. This notice was not described in the previous rules. The rule has been reorganized for clarity and ease of use. Other than the required notice, no substantive changes to the CSEA's procedures have been made.
5101:1‑30‑90Poster program07/01/025101:12‑50‑65Office of child support poster program01/01/06
 Changes: Separated the provisions for the OCS poster program and the CSEA poster program into a principle rule and a supplemental rule (5101:12‑50‑65.1), respectively; reorganized the material for clarity and ease of use; information contained in the ORC regarding the OCS and CSEA poster programs have been inserted; the rules specifically state that the posters may also be displayed electronically; the titles of required and model forms that are used in the process were included. No substantive changes to the CSEA's procedures have been made.
5101:1‑30‑90Poster program07/01/025101:12‑50‑65.1Child support enforcement agency poster program01/01/06
 Changes: Clarified that the CSEA does not need to use the JFS 07022 when operating the CSEA poster program. No substantive changes to the CSEA's procedures have been made.
5101:1‑31‑30Performance incentives for child support enforcement agencies01/01/045101:1‑31‑30Performance incentives for the Ohio child support enforcement program11/10/05
 Changes: The proposed amendments include: changing the name of the rule to "Performance incentives for the Ohio child support enforcement program"; requiring that $1.5 million of the annual federal incentives to Ohio be retained by ODJFS for the purpose of administration of the child support enforcement program (paragraph (B)(3)); clarifying language regarding the method of distribution of incentives in paragraph (D)(3); and requiring a portion of the funds in the state performance incentive improvement fund described in paragraph (C)(3)(d) be retained by the state in certain circumstances, for the purpose of improvement of the child support enforcement program.
          

The following rule is being adopted:

Rule NumberRule NameEffective Date
5101:12‑55‑26Suspension of license to practice law01/01/06
 This is a newly created rule. This rule describes the procedures that are necessary for a child support enforcement agency (CSEA) to pursue the suspension of a license to practice law.

OCS has created or modified the following forms:

FORMTITLEEFFECTIVE DATE
JFS 01974Contact Letter07/2005
 Changes: Included fields for the case number, order number, and name of absent parent; modified text for clarity; added text regarding $1 fee if closed case is reopened at a later date.
JFS 07013Ohio Department of Job and Family Services Federal Tax Information Safeguarding Questionnaire07/2005
 New form: Created to comply with federal tax information safeguarding requirements.
JFS 07014Federal Tax Information Safeguarding Authorization Agreement10/2005
 New form: Created to comply with federal tax information safeguarding requirements.
JFS 07072Safeguarding of IRS Information07/2005
 Changes: Revised to include certification requirements for the safeguarding of information from the Ohio Department of Taxation, Federal Parent Locator Service, and the ODJFS Office of Unemployment Compensation. Therefore, the form is now titled "Safeguarding of Internal Revenue Service, Ohio Department Of Taxation, Federal Parent Locator Service, and Unemployment Compensation Information." The form also reflects the new, more specific requirements for the safeguarding of IRS information contained in the rule.
JFS 07229Proposed Action to Suspend Driver's License11/2005
 New form: CSEAs may use or modify this model form to notify the obligor when the CSEA is proposing to suspend the obligor's driver's license.
JFS 07230Proposed Action to Suspend License to Practice Law11/2005
 New form: CSEAs may use or modify this model form to notify the obligor when the CSEA is proposing to suspend the obligor's license to practice law.
JFS 07232Proposed Action to Suspend Recreational License11/2005
 New form: CSEAs may use or modify this model form to notify the obligor when the CSEA is proposing to suspend the obligor's recreational license.
JFS 07780Addendum to Court Child Support Order11/2005
 Changes: The language on the form has been amended for purposes of clarity.

INSTRUCTIONS:

EFFECTIVE 01/01/2006
Remove and file as obsolete:Replace with:
OAC Rule #Effective/Revision DateOAC Rule #Effective/Revision Date
5101:1‑30‑0306/02/015101:12‑10‑25.401/01/06
5101:1‑30‑6507/01/025101:12‑10‑25.401/01/06
5101:1‑30‑58.403/01/035101:12‑10‑30.1 01/01/06
5101:1‑30‑61.309/03/055101:12‑60‑5001/01/06
5101:1‑30‑7904/18/035101:12‑50‑10.801/01/06
5101:1‑31‑7307/01/025101:12‑10‑40.301/01/06
5101:12‑50‑0509/01/055101:12‑50‑0501/01/06
5101:1‑30‑40.112/01/015101:12‑50‑5001/01/06
5101:1‑30‑58.303/01/035101:12‑50‑5801/01/06
5101:1‑30‑58.503/01/035101:12‑70‑05.101/01/06
5101:1‑30‑58.703/01/035101:12‑70‑05.101/01/06
5101:1‑30‑58.901/01/985101:12‑50‑5501/01/06
5101:1‑30‑8604/18/035101:12‑50‑5001/01/06
5101:1‑30‑8810/14/015101:12‑55‑2501/01/06
5101:1‑30‑88.106/02/015101:12‑55‑2501/01/06
5101:1‑30‑88.210/14/015101:12‑55‑2501/01/06
5101:1‑30‑9007/01/025101:12‑50‑6501/01/06
5101:1‑30‑9007/01/025101:12‑50‑65.101/01/06
5101:1‑31‑3001/01/045101:1‑31‑3011/10/05

EFFECTIVE 01/01/2006
Insert the following rule in the CSPM
Rule #Effective/Revision Date
5101:12‑55‑2601/01/06

EFFECTIVE IMMEDIATELY
Remove and file as obsolete:Replace with:
Form #Effective/Revision DateForm #Effective/Revision Date
JFS 0404110/2001JFS 0404111/2005
JFS 0707205/1990JFS 070727/2005
JFS 0778006/2001JFS 0778011/2005

EFFECTIVE IMMEDIATELY
Insert the following forms in the Forms Section of the CSPM
Form #Effective/Revision Date
JFS 0197407/2005
JFS 070137/2005
JFS 0701410/2005
JFS 0722911/2005
JFS 0723011/2005
JFS 0723211/2005