CSPMTL 111 (Interstate Actions)
Child Support Program Manual Transmittal Letter No. 111
June 8, 2016
TO: All Child Support Program Manual Holders
FROM: The Office of Legal and Acquisition Services
SUBJECT: Interstate Actions

The Office of Child Support (OCS) has amended the following rules. These rules were reviewed in order to comply with Sub. H.B. 64:

Amended RuleAmended Rule TitlePrior Effective Date of RuleEffective Date of Amendment
5101:12‑70‑05 Scope and definitions for intergovernmental cases11/1/20117/1/2016
This is the principle rule, which provides definitions of intergovernmental terms.
Updated the reference sections of the Ohio Revised Code (ORC), and updated existing definitions and the added new definitions.
This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3115.102 and 3125.03
5101:12‑70‑05.1 CSEA general responsibilities11/1/20117/1/2016
This rule describes the general responsibilities of the child support enforcement agency (CSEA) as an initiating or a responding agency.
Updated the rule to clarify the language in paragraph (B)(1).
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3125.03, 3125.25.
5101:12‑70‑05.2 Responsibilities of Ohio interstate central registry11/1/20117/1/2016
This rule describes the responsibilities of Ohio's Central Registry when processing an interstate case.
Updated the rule to correcting the spelling error in paragraph (B)(1) and removed paragraphs (E) and (F).
 
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3115.310, 3115.506, 3125.03.
5101:12‑70‑05.3 Requirements for initiating CSEA in intergovernmental cases11/1/20117/1/2016
This rule describes the specific responsibilities of an initiating CSEA.
Updated the rule to clarify the language in paragraph (B)(4) and updated the terminology to be consistent with Uniform Interstate Family Support Act (UIFSA) 2008.
 
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3115.304, 3115.305, 3115.307.
5101:12‑70‑05.4 Requirements for responding CSEA in intergovernmental cases11/1/20117/1/2016
This rule describes the specific responsibilities of a responding CSEA.
Updated paragraph (B)(4) to be consistent with the administrative responsibility process in rules 5101:12‑10‑03 and 5101:12‑10‑04 and removed paragraph (D).
 
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3115.304, 3115.305, 3115.307.
5101:12‑70‑05.5 Establishment of paternity in an intergovernmental case11/1/20117/1/2016
This rule describes the process and the responsibilities of each CSEA as an initiating or responding agency when establishing paternity for an intergovernmental case.
 
Updated the referenced sections of the ORC, clarified the language found in paragraph (D)(1) and removed paragraph (D)(3).
 
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3115.201, 3115.203, 3115.304, 3115.305, 3125.03.
5101:12‑70‑05.6 Establishment of a child support order in an intergovernmental case11/1/20117/1/2016
This rule describes the process and responsibility of each CSEA as an initiating or responding agency when establishing a support order for an intergovernmental IV-D case.
 
Updated the referenced sections of the ORC, clarified the language found in paragraph (D)(1) and removed paragraph (D)(3).
 
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3115.201, 3115.203, 3115.304, 3115.305, 3125.03.
5101:12‑70‑05.7 Determination of the controlling order11/1/20117/1/2016
This rule describes the process of determining the controlling order before the CSEA can proceed with any enforcement actions for an interstate case.
 
Updated the language to be consistent with the change made to the administrative responsibility rules, 5101:12‑10‑03 and 5101:12‑10‑04, used terminology to be consistent with UIFSA 2008 and removed paragraphs (C)(4) and (C)(7).
 
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3115.205, 3115.206, 3115.207, 3115.208, 3125.03.
5101:12‑70‑05.8 Enforcement of a support order in an intergovernmental case11/1/20117/1/2016
This rule describes the process and techniques available to a CSEA as an initiating or responding agency to enforce an intergovernmental case.
 
Updated the language to be consistent with the change made to the administrative responsibility rules, 5101:12‑10‑03 and 5101:12‑10‑04, updated the referenced sections of the ORC, updated terminology to be consistent with UIFSA 2008, and clarified paragraph (I).
 
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3115.206, 3115.304, 3115.305, 3115.307, 3115.602, 3115.603, 3125.03.
5101:12‑70‑05.9 Modification of a controlling order in an intergovernmental case11/1/20117/1/2016
This rule describes the responsibility of each CSEA as an initiating or responding agency when modifying a controlling child support order in an intergovernmental case.
 
Updated the language to be consistent with the changes made to the administrative responsibility rules, 5101:12‑10‑03 and 5101:12‑10‑04, updated the referenced sections of the ORC, and other minor formatting changed.
 
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3115.206, 3115.304, 3115.305, 3115.609, 3115.610, 3115.611, 3115.612, 3115.613, 3115.614, 3125.03.
5101:12‑70‑05.10 The child support enforcement network11/1/20117/1/2016
This rules describes the responsibilities of each CSEA, and requires the use of the Child Support Enforcement Network (CSENet) when processing an interstate case.
 
Clarified paragraph (B) by simplifying the Child Support Enforcement Network process.
 
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3115.317, 3125.03, 3125.07, 3125.08.
5101:12‑70‑05.11 Forms for interstate processing11/1/20117/1/2016
This rule lists the UIFSA mandated forms that a CSEA must use when processing an interstate case.
 
Included the word "limited" in paragraph (A)(3), updated the ORC reference in paragraph (A)(7), updated the name of the form in paragraph (D)(1) and the form effective date language.
 
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3115.602, 3115.605, 3125.03.
5101:12‑50‑55 Extradition of obligors11/1/20117/1/2016
This rule describes the process of extraditing an obligor from another state to Ohio, and describes the process used by the governor of Ohio when a request is received from another state to extradite an obligor residing in Ohio.
Include updated referenced sections of the ORC.
This rule is authorized by ORC section 3125.25 and amplifies ORC sections 2919.21, 3115.801 and 3115.802.

OCS has adopted new the following rule:

Adopted RuleAdopted Rule TitleEffective Date of Adopted Rule
5101:12‑70‑99 Chapter 5101:12-70 forms - interstate actions7/1/2016
This is a new rule that contains a compilation of forms with their effective or revised effective date, referenced within various rules contained within division 5101:12 of the Administrative Code, but first cited within Chapter 5101:12-70 of the Administrative Code.
This rule is authorized by ORC section 3125.25.

OCS has amended the following form:

Amended FormAmended Form TitlePrior Effective Date of FormEffective Date of Form
JFS 01132Notice of lien08/200211/2016
This form is used to request for a lien to be placed on property owned by an person in a state other than Ohio.
Updated the format to be consistent with the Federal version and changed the title to meet the form design standards described in IPP 4301.
This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3115.102 and 3125.03

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.
  • An adopted rule will be inserted.

The rules and forms in the CSPM can be accessed at:

http://emanuals.jfs.ohio.gov.

Forms can also be accessed on the ODJFS Forms Central InnerWeb page at:

http://www.odjfs.state.oh.us/forms/inner.asp

or on the ODJFS Forms Central Internet page at:

http://www.odjfs.state.oh.us/forms/inter.asp

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 adopted and amended rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook.