(A)The child
support enforcement agency (CSEA) shall maintain a case record for each case
for which it has administrative responsibility. The case record shall
principally be maintained in the support enforcement tracking system (SETS), in
accordance with rule 5101:12-1-15 of the Administrative Code, and as necessary
on paper, microfilm or other electronic, or other format, or a combination thereof.
(B)The case record
shall contain any document or information that pertains to the case. A summary
notation in the physical or electronic record, regardless of whether the
notation is entered by the CSEA worker or generated automatically by an
automated system, meets the case records requirement. Information required to
be in the case record includes but is not limited to:
(1)The referral
from the county department of job and family services (CDJFS) in a case in
which an individual receives Ohio works first (OWF) or medicaid, or the
referral from a public children services agency (PCSA), or a county agency that
is administering a Title IV-B or Title IV-E program, when applicable.
(2)The signed
application for IV-D services, when applicable.
(3)A copy of the
support order, when applicable. The support order may be summarized as long as
the summary notation indicates where the support order is maintained.
(4)Data regarding
the non-custodial parent or alleged father including but not limited to:
(a)First, middle,
and last name;
(b)Social security
number;
(c)Date of birth;
(d)Place of birth;
(e)Mother's full
name, including her maiden name;
(f)Father's full
name;
(g)Current or last
known residential and mailing address; and
(h)Current or last
known employer.
(5)A record of the
date of, reason for, and results of any contacts with any individual in the
case.
(6)A narrative
that chronologically traces support enforcement program activities.
(7)A record of
efforts to utilize local locate resources and the dates and the results of
those efforts, when applicable.
(8)A record of any
actions taken to establish paternity or support obligations and to enforce or
modify support obligations, including the dates and results of such actions,
when applicable.
(9)A record of
communications with a CDJFS, the Ohio department of job and family services,
office of child support, or any other state child support agency concerning
support enforcement program services.
(10) A record of
accrued arrears, when applicable.
(11) A record of the
collection and disbursement of support payments, when applicable.
(12) A record of all
case status changes including case referral, case opening, application for and
approval of IV-D services, termination of IV-D services, case closure and, when
appropriate, the reason for the change in case status.
(13) When a CSEA
receives a referral but does not initiate a case, a record that summarizes the
referral information and the reason the case was not initiated.
(14) When an
individual received a support payment from the obligor, court, or child support
agency while receiving OWF benefits and did not forward the support payment to
the CSEA, a record of the following:
(a)Facts that led
to the discovery of the retained payment;
(b)Documentation,
such as a cancelled check, from the obligor, court, or child support agency
that such payment was actually made to the obligee;
(c)Documentation
of the date and amount of every retained payment; and
(d)When
applicable, documentation that the obligee does not have the ability to pay the
retained payment to the CSEA.
(C)When a case has
been closed and support enforcement program services have been terminated in
accordance with rule 5101:12-10-70 of the Administrative Code, and the records
retention period has expired in accordance with rule 5101:12-1-25 of the
Administrative Code but a balance remains on the case, the CSEA may destroy any
non-essential case records that are not maintained by SETS. The CSEA shall
maintain any case records that are essential in reopening the case in the
future. Records of the case that are essential include but are not limited to:
(1)Genetic testing
records;
(2)IV-D
application;
(3)Copy of the
order terminating the support obligation;
(4)Summary of
records regarding the collections and disbursement of support; and
(5)Any other
record that the CSEA determines to be essential.
All case records shall be maintained in the format described in
paragraph (A) of this rule.
(D)The CSEA shall
follow the procedures of retention, disposal, and destruction of case records
in accordance with rule 5101:12-1-25 of the Administrative Code.
Effective: 12/15/2021
Five Year Review (FYR) Dates: 9/20/2021 and 09/20/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 11/30/2021
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.07, 3125.11
Prior Effective Dates: 08/01/1982, 11/11/1982, 07/01/1983,
01/01/1984, 12/01/1987, 07/15/1988, 06/02/1989, 09/01/1989, 04/01/1992,
07/01/1996, 02/22/2002, 06/15/2006, 05/01/2011, 09/01/2016