CSPMTL 190 (Five Year Rule Review – Support Enforcement Tracking, Confidentiality of Information, and Lump Sum Rules)
Child Support Program Manual Transmittal Letter No. 190
December 6, 2023
TO: All Child Support Program Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Five Year Rule Review – Support Enforcement Tracking, Confidentiality of Information, and Lump Sum Rules

These rules have been reviewed in accordance with section 106.03 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 filed the following rules as no change. The effective dates of the "no change" rules will remain the same as the existing rule:

Rule Rule Title Effective Date
5101:12‑1‑20.1 Request for Information contained in a Person's Case Record 04/01/2018

This rule describes the requirements for the use, protection, and disclosure of information that is collected and maintained by an agency dependent upon collection source and disclosure purpose.

This rule is authorized under ORC sections 3125.08, 3125.25 and 3125.51 and amplifies ORC sections 3125.03, 3125.08, 3125.49 and 3125.50.

5101:12‑1‑20.2 Information from the Unemployment Compensation Program and Ohio Department of Taxation 04/01/2018

This rule describes the procedures an agency is required to follow in order to safeguard information received from Unemployment Compensation (UC) and the Ohio department of taxation.

This rule is authorized under ORC sections 3125.08, 3125.25 and 3125.51 and amplifies ORC sections 3125.43, 3125.50, 4141.21, 4141.22, 4141.99 and 5747.18.

5101:12‑50‑12 Lump Sum Payments 02/11/2019

This rule describes the responsibilities of a payor and a child support enforcement agency (CSEA) regarding lump sum payments to be made to an obligor by a payor when the obligor is subject to income withholding pursuant to section 3121.03 of the Revised Code.

This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3121.03, 3121.037, 3121.0311, 3121.12, and 3125.03.

OCS has amended the following rules.

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amendment
5101:12‑1‑15 Support Enforcement Tracking System 12/15/2021 01/01/2024

This rule describes the statewide automated data processing and information retrieval system known as the support enforcement program system (SETS).

Changes to this rule include removed the 3125.29 ORC reference from the amplify rules section and replaced it with ORC 3125.39.

This rule is authorized by ORC sections 3125.08 and 3125.25 and amplifies sections 3125.07, 3125.08, 3125.38 and 3125.39 of the Revised Code.

5101:12‑1‑20 Confidentiality of Information 04/01/2018 01/01/2024

This rule describes the requirements for authorized access to, disclosure, and safeguarding of information contained in a person's case record.

Changes to the rule include removed the requirement of the JFS 07713 in paragraph (F) as the information is now collected electronically through an interface.

This rule is authorized under ORC sections 3125.08, 3125.25 and 3125.51 and amplifies ORC sections 3125.03, 3125.08, 3125.49 and 3125.50.

5101:12‑50‑99 Chapter 5101:12-1 Forms – Enforcement of the Support Order 08/01/2023 01/01/2024

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 5101:12-50 of the Administrative Code.

Changes to the rule include amended the revision date for the JFS 07726 and JFS 04047.

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

OCS has amended the following forms.

Form Number Form Title Prior Effective Date of Form Revised Effective Date
JFS 07726 Administrative Order for Release or Transmittal of Lump Sum Payment 02/2019 01/2024

The purpose of this form is to allow a child support enforcement agency (CSEA) to either release a lump sum payment or to intercept the lump sum payment from an obligor.

Changes to this form include updated or added the web addresses and language for clarity.

JFS 04047 Income Withholding for Support 03/2021 10/2023

This form is used by a child support enforcement agency (CSEA) to implement income withholding to collect current support and arrears from a payor.

Changes to this form include updated the expiration date to match the Federal version of the form and the revision date of the form.

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/

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.