These rules were reviewed in accordance with sections 106.03 and
119.04 of the Ohio Revised Code (ORC), which requires the review of all state
agency rules within a five-year period.
The Office of Child Support (OCS) has filed the following rules
with no changes. The
effective dates of these rules will remain the same as the existing rules:
Rule Number
|
Rule Title
|
Effective Date of Rule
|
5101:12‑30‑05
|
Administrative Subpoenas
|
02/01/2013
|
This rule outlines the process and authority for a
child support enforcement agency (CSEA) to issue administrative subpoenas. This rule is authorized by ORC section 3125.25; and
amplifies ORC sections 3125.03 and 5101.37.
|
5101:12‑30‑25
|
Role of the CSEA Administrative Officer
|
01/01/2012
|
This rule describes the role of a CSEA administrative
officer and the qualifications thereof.
This rule is authorized by ORC sections 3111.53 and
3125.25; and amplifies ORC section 3111.53.
|
OCS has adopted the following rule:
Adopted Rule
|
Adopted Rule Title
| Effective Date of Adopted Rule |
5101:12‑30‑99
|
Chapter 5101:12-30 Forms – Administrative Procedure
|
05/01/2023
|
This rule contains a compilation of forms with their
effective or revised effective date, referenced within the rules contained within
division 5101:12 of the Ohio Administrative Code (OAC), but first cited
within Chapter 5101:12-30 of the OAC.
The rule was adopted to reference the waiver of service forms - the
JFS 01715 and JFS 01716 – that were added to Chapter 5101:12-30 of the OAC. This rule is authorized by ORC section 3125.25; and
amplifies ORC sections 3125.03 and 3125.25
|
OCS has amended the following rules:
Amended Rule
|
Amended Rule Title
|
Prior Effective Date of Rule
|
Effective Date of Amended Rule
|
5101:12‑30‑10
|
Service of Process
|
02/01/2018
|
05/01/2023
|
This rule describes the statutory steps a CSEA is
required to take to ensure service of process is accomplished in accordance
with Ohio Rules of Civil Procedure. Changes made to the rule include: Updated the effective dates of several rules of the
Rules of Civil Procedure; Clarified in paragraph (B) that a CSEA must track all
actions related to service of process in the Support Enforcement Tracking
System (SETS); Added a caretaker as a required recipient of service of
process in paragraph (C); Made clear in paragraph (C) that commercial carrier
mail that is returned to the CSEA as unclaimed must be followed by certified
or express mail, or personal service, for both genetic testing and support
hearings; Clarified in paragraph (C) that a copy of the genetic
testing order or support hearing notice must be provided to a party when
waiving service of process, that service will be deemed as waived once the
fact of waiving has been entered into SETS, and that a CSEA may then proceed
as if service of process was completed; and Added a procedure in paragraph (K) for a CSEA to waive
service of process in accordance with Rule 4.7 of the Rules of Civil
Procedure before attempting service by certified or express mail, commercial
carrier mail, or personal service. This rule is authorized by ORC section 3125.25 and
amplifies ORC sections 3125.03 and 3125.25. |
5101:12‑40‑05
|
Determination of the Existence or Non-Existence of a
Father and Child Relationship
|
02/11/2019
|
05/01/2023
|
This rule describes the requirements for a CSEA to
determine the existence or non-existence of a father and child
relationship. This rule includes terms, definitions, and forms that
apply throughout division 5101:12 of the Administrative Code. Changes made to Paragraph (B)(9) include: Described the expanded use of the JFS 01716 form; Clarified that a caretaker can complete the JFS 01716;
and Updated the OAC chapter reference of the effective or
revised effective date of the form. This rule is authorized by ORC sections 3111.35 and
3125.25; and amplifies ORC sections 3103.03, 3103.031, 3111.03, 3111.04,
3111.05, 3111.13, 3111.20, 3111.24, 3111.25, 3111.27, 3111.38, 3111.381,
3111.39, 3111.49, 3111.78, 3111.821, 3111.95, 3119.61, 3125.03, 3125.36 and 3125.99. |
5101:12‑40‑20.1
|
Scheduling and Conducting Genetic Tests
|
11/15/2019
|
05/01/2023
|
This rule describes the process the CSEA shall follow
when scheduling and conducting genetic tests to determine the existence or
non-existence of a father and child relationship. Changes made to the rule include: Clarified in paragraph (C) that caretakers should
receive the genetic testing order; Corrected a typo in paragraph (G); Updated the OAC chapter reference of the effective date
or revised effective date of the JFS 01716 in paragraph (G)(1) and clarified
that a copy of the JFS 01716 should be provided to the party when waiving
service; and Instructed a CSEA in paragraph (G)(2) to model an
agency-created waiver of service form after the form appended to Rule 4.7 of
the Rules of Civil Procedure. This rule is authorized by ORC sections 3111.611 and
3125.25, and amplifies ORC sections 3111.41, 3111.43, 3111.44, 3111.45,
3111.58 and 3125.03. |
5101:12‑40‑99
|
Chapter 5101:12-40 Forms – Paternity Establishment
|
11/01/2021
|
05/01/2023
|
This rule contains a compilation of forms with their effective
or revised effective date, referenced within various rules contained within
5101:12 of the Administrative Code, but first cited within Chapter 5101:12-40
of the Administrative Code. The
paragraph referencing the JFS 01716 was struck from the rule and referenced
in an earlier chapter of the OAC. This rule is authorized by ORC section 3125.25; and
amplifies ORC sections 3125.03 and 3125.25. |
5101:12‑45‑05.1
|
Scheduling the Administrative Support Hearing
|
02/11/2019
|
05/01/2023
|
This rule describes the process when scheduling an
administrative support hearing.
Changes made to the rule include: Updated the incorporation by reference in paragraph (A)
for of the Rules of Civil Procedure; Clarified in paragraph (D) that the parents can appear
before the CSEA in person, telephonically, or virtually; Corrected the title of the JFS 01715 in paragraph
(D)(1) as well as the chapter reference of the effective date or revised
effective date of the form, and clarified that a copy of the JFS 01715 should
be provided to the party when waiving service; Instructed a CSEA in paragraph (D)(2) to model an
agency-created waiver of service form after the form appended to Rule 4.7 of
the Rules of Civil Procedure; and Added a procedure in paragraph (E) for a CSEA to
dismiss an administrative hearing if the CSEA is prohibited by law from
conducting the hearing. This rule is authorized by ORC section 3125.25; and
amplifies ORC sections 3111.80 and 3125.03. |
5101:12‑45‑99
|
Chapter 5101:12-45 Forms – Support Establishment
|
01/15/2020
|
05/01/2023
|
| 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 5101:12-45 of the Administrative Code. The paragraph referencing the JFS 01715 was
struck from the rule and referenced in an earlier chapter of the OAC, and the
new dismissal forms - the JFS 01717 and JFS 01718 - were added to paragraphs
(D) and (E). This rule is authorized under ORC section 3125.25 and
amplifies ORC sections 3125.03 and 3125.25. |
OCS has amended the following forms:
Amended Form Number
|
Amended Form Title
|
Prior Effective Date of Form
|
Revised Effective Date
|
JFS 01715
|
Waiver of Service of Notice of Administrative Hearing
to Establish a Support Order
|
01/2006
|
05/01/2023
|
This form is used to waive service of process of a
notice of an administrative hearing to establish a support order. The form was amended to comply with the
waiver form appended to Rule 4.7 of the Rules of Civil Procedure. The amended form provides information to
the party about service of process, how waiving service of process will
affect their rights, and the actions a CSEA will take if service is not
waived. The amended form includes two
copies of a waiver of service: one for the party to return to the CSEA, and
one for the party to maintain for their records.
|
JFS 01716
|
Waiver of Service of Notice and Order to Appear for
Genetic Testing
|
10/2019
|
05/01/2023
|
This form is used to waive service of process of a
notice and order to appear for genetic testing. The form was amended to comply with the
waiver form appended to Rule 4.7 of the Rules of Civil Procedure. The amended form provides information to
the party about service of process, how waiving service of process will
affect their rights, and the actions a CSEA will take if service is not
waived. The amended form includes two
copies of a waiver of service: one for the party to return to the CSEA, and
one for the party to maintain for their records.
|
OCS has adopted the following forms:
Adopted Form Number
|
Adopted Form Title
| Effective Date of Adopted Form |
JFS 01717
|
Dismissal of Request to Establish a Support Order
|
05/01/2023
|
This form is used to dismiss a request to establish a
support order when a CSEA is prohibited by law from conducting an
administrative hearing to establish a support order, and the CSEA has not
already scheduled the administrative hearing.
|
JFS 01718
|
Dismissal of Administrative Hearing to Establish a
Support Order
|
05/01/2023
|
This form is used to dismiss an administrative hearing
to establish a support order that has already been scheduled when the CSEA is
prohibited by law from conducting the administrative hearing.
|
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,
- An amended form will replace the current posted 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:
https://innerapp.odjfs.state.oh.us/forms/
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.