The Office of Child Support (OCS) has rescinded the following rules as a result of a review conducted in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period:
| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
|---|
| 5101:1‑31‑21 | IV-D allowable expenditures. | 7/1/2002 | 9/1/2007 |
| This rule describes the expenditures for which a child support enforcement agency (CSEA) may receive federal financial participation (FFP) reimbursement. The rule is being replaced by rule 5101:12‑1‑60. |
| 5101:1‑31‑23 | Clerk of court fees and court costs for PA and non-PA recipients. | 7/1/2002 | 9/1/2007 |
| This rule describes the court fees for which a CSEA can obtain federal financial participation (FFP) reimbursement in public assistance and non-public assistance cases and the application fee for non-public assistance cases that request child support services. It is being replaced by rule 5101:12‑1‑60 and 5101:12‑1‑60.1. The portion of the rule concerning the application fee for non-public assistance cases is not being replaced as the information is already contained in rules 5101:12‑10‑01.1 and 5101:12‑10‑40.1. |
| 5101:1‑31‑25 | Expenditures excluded from reimbursement under the Title IV-D program. | 7/1/2002 | 9/1/2007 |
| This rule describes CSEA expenditures that are excluded from FFP reimbursement. The rule is being replaced by rule 5101:12‑1‑60.1. |
| 5101:12‑50‑12 | Lump sum payments. | 09/01/2005 | 8/15/2007 |
| This rule describes the process used by the CSEA to attach a lump sum payment. The rule is being replaced by a new rule with the same rule number and title. |
OCS has adopted the following rule in order to comply with House Bill 122 and Section 3123.89 of the Revised Code:
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑55‑30 | State lottery prize award intercept. | 8/15/2007 |
| This rule describes the process used by a CSEA to issue an intercept directive to the Ohio Lottery Commission (OLC) to transmit an amount from the proceeds of a specified lottery prize award to OCS, when the prize winner is an obligor who is subject to a final and enforceable determination of default. This is a new rule and amplifies sections 3123.89 and 3770.071 of the Revised Code. |
OCS has adopted the following rules as a result of a review conducted in accordance with Section 119.032 of the Revised Code:
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑1‑60 | Expenditures eligible for federal financial participation reimbursement. | 9/1/2007 |
| This rule describes the support enforcement program services and IV-D services for which a CSEA may request federal financial participation (FFP) reimbursement. Changes from the rescinded rules include: states the current FFP reimbursement rate of sixty-six percent; contains new definitions for "arrest" and "law enforcement official"; the language regarding county IV-D contracts is consistent with 45 CFR 304.21; and clarifies that certain enforcement activities provided by a probation officer are eligible for FFP. This rule replaces rule 5101:1-31.21 and part of rule 5101:1‑31‑23. This rule amplifies section 3125.03 of the Revised Code and Part 304 of Title 45 of the Code of Federal Regulations. |
| 5101:12‑1‑60.1 | Expenditures ineligible for federal financial participation reimbursement. | 9/1/2007 |
| This rule describes the expenditures for which a CSEA shall not request federal financial participation (FFP) reimbursement. Changes from the rescinded rules include: the language regarding county IV-D contracts is consistent with 45 CFR 304.21 and language is added that prohibits the CSEA from receiving FFP for the cost of providing services that the CSEA is not authorized to perform under the rules in Division 5101:12 of the Administrative Code. This rule replaces rule 5101:1‑31‑25 and part of rule 5101:1‑31‑23. This rule amplifies section 3125.03 of the Revised Code and Part 304 of Title 45 of the Code of Federal Regulations. |
| 5101:12‑50‑12 | Lump sum payments. | 8/15/2007 |
| This rule describes the process used by the CSEA when notified that an obligor is eligible to receive a lump sum payment. Changes from the rescinded rule include: clarifies that the lump sum payment process described in the rule is to be used when the obligor is subject to income withholding; modifies the sentence following the definition of "cash out of vacation pay" because the payor is responsible for identifying the lump sum; specifies that, when the obligor's arrears are a result of the discrepancy between the monthly obligation and a non-monthly withholding cycle, the CSEA shall not consider the obligor as having arrears for the purpose of intercepting a lump sum; specifies that the CSEA may take enforcement action when notified of a lump sum of less than $150; removes information regarding division (D) of ORC section 3121.12 because the provision applies solely to the payor; and adds information regarding ORC section 3121.0311 to inform the CSEAs that, for a workers' compensation claim filed on or after 6/30/2006, attorney's fees shall be deducted prior to the Bureau of Workers' Compensation notifying a CSEA of the claim. This rule replaces rule 5101:12‑50‑12. This rule amplifies sections 3121.03, 3121.037, 3121.0311, 3121.12, and 3125.03 of the Revised Code. |
OCS has revised the following forms.
| Revised Form | Revised Form Title | Prior Effective Date of Form | Effective Date of Revision |
|---|
| JFS 07071 | State Lottery Prize Award Intercept Directive | 06/2006 | 8/2007 |
| This form is issued by the CSEA to direct the Ohio Lottery Commission (OLC) to send a specific amount of money to OCS for payment on a support order. Changes include: added fields to indicate when the form is a "New Form" or an "Amended Form" and added language to clarify that OLC shall terminate an intercept directive when the CSEA issues an amended intercept directive. |
| JFS 07719 | Administrative Order for the Payment of Child Support | 11/2001 | 7/2007 |
| This form has been revised to remove personal information; changed the layout and text to comply with statutory requirements; incorporated language currently contained in form JFS 07781, "Addendum To Administrative Child Support Order" (8/2005). |
OCS has adopted the following forms:
| Adopted Form | Adopted Form Title | Effective Date of Adoption |
|---|
| JFS 07070 | Notice to Terminate the State Lottery Prize Award Intercept Directive | 8/2007 |
| This form is sent to the Ohio Lottery Commission (OLC) by the CSEA in order to terminate a previously-issued JFS 07071, "State Lottery Prize Award Intercept Directive." |
| JFS 01947 | Notice Regarding Child Support Services | 8/2007 |
The JFS 01947 is the form that the CSEA must use in the Child-Only Medicaid-Only (COMO) Project. The intent of the form is to notify the IV-D recipient that the CSEA is required to provide support enforcement program services and that the CSEA will proceed to terminate those services in fifteen days unless the IV-D recipient requests the CSEA to continue to provide services.
The CSEA must indicate on the JFS 01947 whether the case is a PRWORA COMO or a pre-PRWORA COMO.
The CSEA must follow the Case Closure Process workflows that were distributed to CSEAs when OCS introduced the COMO Project to ensure proper termination of services procedures are followed.
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INSTRUCTIONS:
- A rescinded rule will be moved from the CSPM to the OAC Archive section of the eManuals.
- An adopted rule will be inserted.
- A revised form will be replaced with the amended form.
- An adopted form will be inserted.
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 web page at:
https://innerapp.odjfs.state.oh.us/forms/
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 adopted and amended rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook. The CSEA should give particular care when reviewing the following rules as they contain new or modified requirements with which the CSEA must comply:
| Rule | Paragraph(s) |
|---|
| 5101:12‑50‑12 | (D) and (E) |
| 5101:12‑55‑30 | All paragraphs |
| 5101:12‑1‑60 | (A), (B), and (C)(3) |
| 5101:12‑1‑60.1 | (B)(4)(a) and (B)(15) |