CSPMTL 172 (Five Year Rule Review – New Hire & Record Retention Rules)
Child Support Program Manual Transmittal Letter No. 172
April 20, 2021
TO: All Child Support Program Manual Holders
FROM: Matt Damschroder, Interim Director
SUBJECT: Five Year Rule Review – New Hire & Record Retention Rules
PRINTER-FRIENDLY PDF:Printer-Friendly PDF of this Letter

The Office of Child Support (OCS) is conducting a rule review in accordance with section 106.031 of the Revised Code, which requires the review of all state agency rules within a five-year period.

OCS has rescinded the following rules:

Rescinded Rule Rescinded Rule Title Prior Effective Date of Rule Effective Date of Rescission
5101:12‑10‑90.2 New Hire Directory of Employees 9/01/2015 6/01/2021

This rule describes the process by which ODJFS enters the information described in division (A)(1) of section 3121.89.2 of the Revised Code into the new hire directory of employees.  The rule is being rescinded as the provisions are stated in ORC.

This rule is authorized under ORC sections 3121.8911 and 3125.25, and amplifies ORC sections 3121.894, 3121.895, 3121.897, 3121.898 and 3125.03.

5101:12‑10‑90.3 New Hire Directory of Independent Contractors 9/01/2015 6/01/2021

This rule describes the actions ODJFS takes upon receiving a new hire report regarding a contractor, including entering the information into the new hire directory, and comparing the social security number of the contractor with the social security numbers of obligors in the Support Enforcement Tracking System (SETS).  The rule also states that ODJFS shall use information from the new hire report for support establishment and enforcement purposes.  The rule is being rescinded as the provisions are stated in ORC.

This rule is authorized under ORC sections 3121.8911 and 3125.25, and amplifies ORC sections 3121.891, 3121.892, 3121.895, 3121.896, 3121.898 and 3125.03.

 

OCS has filed the following rule as no change. The effective date of the rule remains the same as the existing rule.

 

Rule Number Rule Title Effective Date of Rule
5101:12‑10‑90.1 Employer Responsibilities 5/01/2014

This rule describes the responsibilities of an employer to submit a new hire report to the Ohio Department of Job and Family Services.  The rule also lists the required data and the process of submitting the data; and identifies an employer's liability for failing to submit a new hire report. 

This rule is authorized under ORC sections 3121.8911 and 3125.25, and amplifies ORC sections 3121.891, 3121.892, 3121.893, 3121.8910, and 3125.03.

 

OCS has revised the following rules:

 

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amendment
5101:12‑1‑25 Record Retention, Disposal, And Destruction of Fiscal, Statistical, and Administrative Records 9/01/2015 6/01/2021

This rule describes the retention and destruction of all records that relate to the child support program.  The rule is being revised to clarify the retention period in paragraph (C).

This rule is authorized by ORC section 3125.25 and amplifies ORC sections 9.01, 149.38, and 3125.15.

5101:12‑10‑90 New Hire Reporting Program 9/01/2015 6/01/2021

This rule identifies the federal law that requires Ohio to administer a new hire reporting program; contains definitions used in this rule and the supplemental rules; specifies that new hire reports are not public records; and notes that the Ohio Department of Job and Family Services may provide copies of new hire reports to the Bureau of Workers Compensation. Changes from the existing rule include: corrected a typo in paragraph (B)(4) and clarified the language in paragraph (C).

This rule is authorized by ORC sections 3121.8911 and 3125.25, and amplifies ORC sections 3121.89, 3121.899, and 3125.03.

 

OCS has revised the following form:

 

Revised Form Revised Form Title Prior Effective Date Effective Date of Revision
JFS 07048 Ohio New Hire Reporting 12/2013 2/2021

This is a form for an employer to manually complete and submit to OCS when reporting a new employee.

The form is being revised to correct 2 typos and the format to meet the requirements of IPP 4301.

 

INSTRUCTIONS:

When the CSPMTL is published, the CSPM will be updated as follows:  

  • A no change rule will continue with the same effective date,
  • 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/

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