CSPMTL 185 (OCS Rule Review – Administrative Procedure Rules)
Child Support Program Manual Transmittal Letter No. 185
April 11, 2023
TO: All Child Support Program Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: OCS Rule Review – Administrative Procedure Rules

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.