The Office of Child Support (OCS) has amended the following rules. The rules have been reviewed in accordance with section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period.
| Amended Rule | Amended Rule Title | Prior Effective Date of Rule | Effective Date of Amendment |
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| 5101:12‑1‑01 | The support enforcement program | 6/15/2006 | 3/1/2012 |
This rule provides an introduction to the federal and Ohio statutes which govern the creation and performance of the child support enforcement program; the responsibilities of the child support enforcement agencies (CSEA) in Ohio; it lists the support enforcement program services that shall be provided to both IV-D and Non-IV-D cases for which a CSEA has administrative responsibility; a requirement for a CSEA to submit revisions to the procedural handbook to OCS within 30 days of a revision based on a program change. Changes from the existing rule include: replaced the term "fiscal" with "grant" in paragraph (G) and correct the rule reference in paragraph (H).
This rule is authorized by ORC sections 3125.05 and 3125.25, and amplifies ORC sections 3125.02, 3125.03, 3125.05, 3125.10, 3125.11, 3125.12, 3125.24, and 5101.24.
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| 5101:12‑1‑10 | Support enforcement program services | 6/15/2006 | 3/1/2012 |
This rule provides definitions of a "case" and of a "IV-D" and "Non-IV-D" case; it also provides the federal and state definitions of a "support order;" it lists the support enforcement program services and clarifies the CSEA's responsibility to provide support enforcement program services to both IV-D and Non-IV-D cases. Changes from the existing rule include: made minor language changes in paragraph (A) for clarity.
This rule is authorized by ORC sections 3125.25, and amplifies ORC sections 3105.21, 3109.05, 3111.13, 3113.04, 3113.07, 3119.65, and 3119.70.
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| 5101:12‑1‑10.1 | IV-D services | 6/15/2006 | 3/1/2012 |
This rule describes the services available only to IV-D cases. Changes from the existing rule include: in paragraph (D)(4), specified the type of federal administrative offset that may be collected by the U.S Department of Treasury.
This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3125.03 and 3125.36.
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| 5101:12‑1‑50 | Program funding | 6/15/2006 | 3/1/2012 |
This rule describes the funds a CSEA receives from federal financial participation (FFP) as well as the non-federal share which a CSEA must provide. This rule states that the CSEA is responsible for administrative expenditures not allowable under the Title IV-D program. Changes from the existing rule include: deleted the provision in paragraph (A)(2)(b) as no longer applies; clarified the language in paragraph (A)(2)(c); and corrected the rule reference in paragraph (A)(3)(c).
This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3125.19, 3125.21, and 3125.22.
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| 5101:12‑10‑01 | Request for services | 6/15/2006 | 3/1/2012 |
This rule specifies when a CSEA shall provide support enforcement program services and when it shall provide IV-D services. Changes from the existing rule include: added a provision to paragraph (A)(2) in order to be consistent with paragraph (D) of rule 5101:12‑1‑10.1 of the Administrative Code; and clarified the language in paragraphs (B) and (D).
This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3125.03, 3125.05, 3125.06, 3125.10, 3125.11, 3125.27, and 3125.36.
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| 5101:12‑10‑01.1 | IV-D application and IV-D referral | 6/15/2006 | 3/1/2012 |
This rule describes the sources from which a CSEA may receive a IV-D application or IV-D referral, and the CSEA's duty to approve or deny the application or referral within twenty days of receipt. Changes from the existing rule include: replaced the term "bases" with "basis" in paragraph (D)(9).
This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3125.03, 3125.11, 3125.36, and 3125.37.
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| 5101:12‑10‑02 | Case intake | 6/15/2006 | 3/1/2012 |
This rule describes the process the CSEA must follow when it receives a IV-D application, IV-D referral, or an order from a court not accompanied by a IV-D application; and that the CSEA may but not required to conduct an interview with the applicant. Changes from the existing rule include: corrected the rule reference in paragraph (A)(6).
This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3125.11 and 3125.15.
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OCS has made no change to the rules listed below. The rules have been reviewed in accordance with section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period. The effective dates of these rules will remain the same as the existing rules pursuant to paragraph (E) of section 119.032 of the Revised Code:
| Rule | Rule Title | Effective Date |
|---|
| 5101:12‑10‑72 | Continuation of services | 6/15/2006 |
This rule describes the duties of a CSEA to continue to provide IV-D services to a case in which the child received Ohio Works First, Medicaid, or Title IV-E foster care benefits when those benefits have been terminated unless the case meets a termination of services criteria.
This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3125.03, and 3125.11.
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| 5101:12‑45‑25 | Monthly administration of support orders | 6/15/2006 |
This rule describes the responsibilities of a CSEA to administer support orders on a monthly basis, the calculation for converting non-monthly payments to a monthly basis, and how to compute a prorated obligation when the order requires payments to begin on a day other than the first of the month.
This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3121.28, 3121.51, 3121.52, 3121.53, and 3121.54.
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INSTRUCTIONS:
When the CSPMTL is published, the CSPM will be updated as follows:
- An amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.
- A no change rule will continue with the same effective date.
The rules and forms in the CSPM can be accessed at:
http://emanuals.jfs.ohio.gov.
INSTRUCTIONS for CSEA INTERNAL PROCEDURAL HANDBOOK:
Paragraph (I)(1) of OAC rule 5101:12-1-01 states that, whenever a program change requires modification of local procedures, the CSEA is required to revise its internal procedural handbook and submit the revision to OCS within thirty days of the revision. The CSEA should carefully review the amended rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook.