CSPMTL 187 (OCS Rule Review – Support Enforcement Program Services and IV-D Services Rules)
Child Support Program Manual Transmittal Letter No. 187
June 6, 2023
TO: All Child Support Program Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: OCS Rule Review – Support Enforcement Program Services and IV-D Services Rules
PRINTER-FRIENDLY PDF:Printer-Friendly PDF of this Letter

These rules have been reviewed in accordance with sections 106.03 and 119.04 of the Revised Code, which requires the review of all state agency rules within a five-year period.

The Office of Child Support (OCS) has rescinded the following rules:

Rescinded Rule Rescinded Rule Title Prior Effective Date of Rule Effective Date of Rescission
5101:12‑10‑01 Request for Services 03/01/2012 6/15/2023
This rule has been rescinded and replaced by a new rule with the same rule number and same title because more than 50% of this rule has been stricken.

  OCS has adopted the following rule:

Adopted Rule Adopted Rule Title Effective Date of Adopted Rule
5101:12‑10‑01 Request for Services 6/15/2023

This rule describes requests for services from a child support enforcement agency.

Changes from the rescinded rule with the same rule number include: amended paragraph (A) for clarity, amended paragraph (B) that the definitions in rule 5101:12‑1‑10 apply to this rule and its supplemental rules, in paragraph (C) added language from paragraph (E) of rule 5101:12‑1‑10.1, and amended paragraphs (D) and (E) for clarity.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3125.03, 3125.05, 3125.06, 3125.10, 3125.11, 3125.27, and 3125.36.

  OCS has amended the following rules:

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amendment
5101:12‑1‑10 Definitions 02/11/2019 6/15/2023

This rule provides definitions for the rules contained in division 5101:12 of the Administrative Code.

Changes to this rule include: updated paragraph (A)(1) definition of IV-D case based on definition in the instructions to the OCSE-157 and clarified; that for caretaker cases each obligated parent is a separate IV-D case, that a IV-D case may consist of multiple Support Enforcement Tracking System (SETS) cases, and that a IV-D case includes cases where there is child and spousal support in the same order, amended in paragraph (A)(3) that "IV-D application" means the JFS 07076, clarified in paragraph (A)(4) that referrals from Medicaid are tied to the existence of an order, amended paragraphs (A)(5), (A)(6), (A)(7), and (A)(8) for clarity.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3105.21, 3109.05, 3111.13, 3113.04, 3113.07, 3119.65 and 3119.70.

5101:12‑1‑10.1 Support Enforcement Program Services 10/01/2021 6/15/2023

This rule describes the services that a child support enforcement (CSEA) agency is required to provide to IV-D cases and non-IV-D cases for which the CSEA has administrative responsibility in accordance with rules 5101:12‑10‑03 and 5101:12‑10‑04 of the Administrative Code.

Changes to this rule include: amended paragraph (B) for clarity, clarified paragraph (C) services required to a non-IV-D case, removed language in paragraph (E) referencing the IV-D application and moving the language to rule 5101:12‑10‑01 paragraph (B), and added language to clarify that a CSEA represents the best interest of the State of Ohio.  

This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3125.03 and 3125.36.

5101:12‑10‑01.1 IV-D Application and IV-D Referral 3/1/2012 6/15/2023

This rule describes the sources from which a child support enforcement agency (CSEA) may receive a IV-D application or IV-D referral, and the CSEA's duty to approve or deny the application or referral within twenty days of receipt.

Changes to this rule include: under paragraph (A)(1) removed the hanging paragraph language and moved to paragraph (A)(2), removed current language in paragraph (A)(2), added language to paragraph (B)(1) for clarity, removed the hanging paragraph language under paragraph (B)(3) to paragraph (C), removed language from paragraph (D) for clarity and added paragraph (F) for reasons when a CSEA may deny services.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3125.03, 3125.11, 3125.36, and 3125.37.

5101:12‑10‑02 Case Intake 2/1/2018 6/15/2023

This rule describes the process the child support enforcement (CSEA) agency must follow when it receives a IV-D application, IV-D referral, or an order from a court not accompanied by a IV-D application; and that the CSEA may, but is not required to conduct an interview with the applicant.

Changes to the rule include: amended paragraph (A) for clarity, amended paragraph (B) by removing unnecessary language regarding method and purpose of conducting an interview with an applicant.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3125.11 and 3125.15

 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 adopted rule will be inserted.
  • An amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.

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.