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 proposed 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
|
5101:12‑55‑10.2
|
Administrative
and court hearings for ownership interest in an account
|
2/11/2019
|
This rule
describes the administrative hearing procedures that the child support enforcement agency (CSEA) is required
to follow as well as the court process when the joint account owner requests
an administrative or court hearing. This rule is
authorized by ORC section 3125.25 and amplifies ORC sections 3123.29, 3123.30, 3123.31, 3123.32, 3123.33, 3123.34, 3123.35,
and 3123.36. |
OCS has amended the following rules:
Amended Rule
|
Amended Rule
Title
|
Prior Effective
Date of Rule
|
Effective Date
of Amendment
|
5101:12‑55‑10.1
|
Investigation of an
account, imposing an access restriction, and releasing an access restriction
|
2/11/2019
|
11/01/2021
|
This rule describes the procedures that the CSEA is
required to follow when it investigates an account, imposes an access
restriction, or releases an access restriction. Changes from the existing
include: clarified the language in paragraphs (D)(4) and (E)(5), and removed
the JFS 04018 from the rule as it is no longer needed. This rule is
authorized by ORC section 3125.25, and amplifies ORC sections 3123.25, 3123.26, and 3123.27. |
5101:12‑55‑10.3
|
Issuing a
withdrawal directive
|
2/11/2019
|
11/01/2021
|
This rule describes the procedures that the CSEA is
required to follow when it issues a withdrawal directive to a financial
institution. Changes from the existing
rule include: added new language in paragraphs (B) and (C) requiring the CSEA
to issue the JFS 04046; gives directions for the CSEAs to collaborate when
the obligor has multiple cases with multiple CSEAs, and specify the
responsibility of each CSEA. This rule is
authorized by ORC section 3125.25 and amplifies ORC sections 3123.28, 3123.32, 3123.36, and 3123.37. |
5101:12‑55‑20.1
|
Lien levy and
execution
|
2/11/2019
|
11/01/2021
|
This rule describes
the process that the CSEA shall use when it decides to execute on a lien on
personal or real property of an obligor that has been asserted by the CSEA in
accordance with rule 5101:12‑55‑20 of the Administrative Code. Changes from
the existing rule include: corrected the reference to federal form (OMB
0970-0152), and removed the link to the federal form as it's not needed. This rule is
authorized by ORC section 3125.25 and amplifies ORC sections 3123.71,
3123.72, 3123.73, 3123.74, 3123.75, 3123.76, and 3123.78. |
5101:12‑55‑99
|
Chapter 5101:12-55
forms - enforcement of the support order based on finding of default
|
2/11/2019
|
11/01/2021
|
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
5101:12-55 of the Administrative Code.
The rule is being revised to list a new required form JFS 04046. This rule is
authorized by ORC section 3125.25; and amplifies ORC sections 3125.03 and
3125.25. |
OCS is adopting
the following form:
Form
|
Form Title
|
Effective Date
|
JFS 04046
|
Financial Institution Account Withdrawal
Directive For Obligors With Multiple Cases
|
11/2021
|
This is a new form that was created to
address the circumstance when an obligor has multiple cases with multiple
CSEAs. The CSEA is required to issue to the financial institution and to the
obligor when it intends to withdraw from the obligor's account. The form
gives instructions and specifies the amount to withdraw and where to forward
the funds to.
|
OCS is obsoleting
the following form:
Form
|
Form Title
|
Effective Date
|
JFS 04018
|
Notice of Right
to Garnish Federal Benefits
|
11/2021
|
The form is being
obsolete as it is no longer needed.
|
INSTRUCTIONS:
When the CSPMTL is
published, the CSPM will be updated as follows:
- A no change rule will continue with the same
effective date,
- An amended rule will be inserted, and the
previous version will be moved to the OAC Archive section of the eManuals,
- A new form will be posted,
- An obsolete form will be removed from Forms
Central
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.