The Office of Child Support (OCS) has rescinded the following rules. The rules were reviewed in accordance with section 106.03 of the Revised Code, which requires the review of all state agency rules within a five-year period.
| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
|---|
| 5101:12‑60‑70 | Waiver and Compromise of Permanently Assigned Arrears | 10/1/2010 | 1/1/2017 |
This rule contains definitions for terms specific to this rule and the supplemental rules; lists the limitations regarding a negotiation for a waiver or compromise; specifies that a child support enforcement agency (CSEA) may elect to implement a waiver or compromise of permanently assigned arrears program; and identifies when a CSEA is required to take action in a legal proceeding for the waiver or compromise of permanently assigned arrears if the CSEA is not already a party to the action.
This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3125.03, 3125.24 and 3125.25
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| 5101:12‑60‑70.1 | Negotiation for a Waiver or Compromise of Permanently Assigned Arrears | 10/1/2010 | 1/1/2017 |
This rule authorizes an obligor to submit a request to a CSEA for a waiver or compromise of permanently assigned arrears; describes what actions a CSEA shall take when a negotiation for a waiver or compromise is pending, including completing the JFS 07717, "Determination Regarding Negotiation for a Waiver or Compromise of Permanently Assigned Arrears", and forwarding a completed JFS 07717 to office of child support (OCS) when the pending negotiation is for a waiver or compromise of permanently assigned arrears of $5000 or more; and requires the CSEA to notify an obligor in writing when an obligor's request for a waiver or compromise is denied.
This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3125.03, 3125.24 and 3125.25
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| 5101:12‑60‑70.2 | Agreed Entry for a Waiver or Compromise of Permanently Assigned Arrears | 10/1/2010 | 1/1/2017 |
This rule requires the CSEA to use the JFS 07718, "Administrative Agreed Entry for a Waiver or Compromise of Permanently Assigned Arrears" for a waiver or compromise of permanently assigned arrears that accrued under an administrative child support order; lists language required in an agreed entry for a waiver or compromise of permanently assigned arrears that accrued under a court support order; specifies that when permanently assigned arrears are waived or reduced, the same amount of unreimbursed assistance must be reduced; requires the CSEA to maintain a written record of waivers and compromises; and requires the CSEA to provide the OCS a copy of the CSEA's written record, agreed entry or report regarding CSEA's completed waivers and compromises upon OCS' request.
This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3125.03, 3125.24 and 3125.25
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OCS has adopted the following rules:
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑60‑70 | Reduction of Permanently Assigned Arrears | 1/1/2017 |
This rule contains definitions for terms specific to this rule and the supplemental rules. Changes from the rescinded rule 5101:12‑60‑70, include removing paragraphs (C), (D), (E) and (F) to other rules within this Chapter and the addition of new definitions.
This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3125.03, 3125.24 and 3125.25
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| 5101:12‑60‑70.1 | Procedures for a Reduction of Permanently Assigned Arrears | 1/1/2017 |
This rule describes the procedure when a CSEA elects to establish a procedure for a reduction of permanently assigned arrears. Changes from the rescinded rule 5101:12‑60‑70.1 include; giving a more detailed instruction on how the CSEA must establish their procedures for implementing a program for a reduction of permanently assigned arrears, adding requirements that a CSEA must provide when electing to use a family support program, and pre approval is required, as part of their procedures and clarifying the lifetime maximum amount a CSEA can reduce from permanently assigned arrears locally.
This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3125.03, 3125.24 and 3125.25
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| 5101:12‑60‑70.2 | Process for a Reduction of Permanently Assigned Arrears | 1/1/2017 |
This rule describes the negotiation process between the CSEA and the obligor when requesting a reduction of permanently assigned arrears. The rule outlines the responsibilities of the obligor, CSEA and OCS. Changes from the rescinded rule 5101:12‑60‑70.2 include a detailed process for a CSEA when they are negotiating for a reduction of permanently assigned arrears.
This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3125.03, 3125.24 and 3125.25
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| 5101:12‑60‑70.3 | Agreed Entry for a Reduction of Permanently Assigned Arrears | 1/1/2017 |
This rule describes the agreed entry process for the CSEA once a request for a reduction of permanently assigned arrears is approved, either locally by a CSEA or OCS. This information was previously found in rule 5101:12‑60‑70.2.
This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3125.03, 3125.24 and 3125.25.
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| 5101:12‑60‑70.4 | Reporting Requirements for a Reduction of Permanently Assigned Arrears | 1/1/2017 |
This rule describes the reporting requirements the CSEA must maintain when tracking all requests and agreements for a reduction of permanently assigned arrears.
This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3125.03, 3125.24 and 3125.25.
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OCS has amended the following rule:
| Amended Rule | Amended Rule Title | Prior Effective Date of Rule | Effective Date of Amendment |
|---|
| 5101:12‑60‑99 | Chapter 5101:12-60 Forms - Order Administration | 11/1/2015 | 1/1/2017 |
This rule 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 5101:12-60 of the Administrative Code. Changes from the existing rule include changes to the form names and effective dates of the JFS 07717 and the JFS 07718.
This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3125.03 and 3125.25
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OCS has revised the following forms:
| Form | Form Title | Prior Effective Date of Form | Revision Date |
|---|
| JFS 07717 | Determination Regarding Negotiation for a Reduction of Permanently Assigned Arrears | 7/2010 | 1/2017 |
| This form is used to document the pending request for a reduction of permanently assigned arrears and what actions will be taken by the obligor and the CSEA. Changes from the existing form include; changing the name of the form and reformatting the document to be more user friendly to the CSEA and client. |
| JFS 07718 | Administrative Agreed Entry for a Reduction of Permanently Assigned Arrears | 7/2010 | 1/2017 |
| This form is used as an administrative agreed entry for a reduction of permanently assigned arrears when arrears accrued under an administrative child support order. Changes from the existing form include; changing the name of the form and reformatting the document to be more user friendly to the CSEA and client. |
INSTRUCTIONS:
When the CSPMTL is published, the CSPM will be updated as follows:
- A rescinded rule will be moved from the CSPM to the OAC Archive section of the eManuals.
- An amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.
- A revised form will be replaced with the amended form.
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.