The Office of Child Support (OCS) is conducting a rule review in
accordance with section 106.031 of the Revised Code, which requires the review
of all state agency rules within a five-year period.
OCS has filed the following rules as no change.
The effective date of the rules remains the same as the existing rules:
Rule Number
|
Rule Title
|
Effective Date
|
5101:12‑1‑53
|
Program Income
|
12/15/2021
|
This rule describes what is considered IV-D program
income and that IV-D program income must be reported by the Child Support
Enforcement Agency (CSEA) on the JFS 02750, "Child Support Enforcement
Agency Quarterly Financial Certification." This rule is authorized by ORC section 3125.25 and
amplifies sections 3119.27, 3121.59, 3123.17 and 3125.37 of the Revised Code. |
5101:12‑10‑20
|
Family Violence Indicator
|
5/15/2008
|
This rule describes the family violence indicator
(FVI). The FVI reflects that there is reasonable evidence that a case
participant is subject to family violence or there is reason to believe that
the release of information regarding a case participant may result in family
violence. This rule is authorized by ORC section 3125.25 and
amplifies 3113.31 |
5101:12‑10‑20.1
|
Request for Override of Family Violence Indicator
Restriction
|
5/15/2008
|
This rule describes the override process. The court may
issue a one-time override of the family violence indicator when certain
requirements are met; the rule also describes the CSEA responsibilities when
handling child support case that have FVI. This rule is authorized by ORC section 3125.25 and
amplifies 3113.31. |
5101:12‑10‑30
|
Assignment of Support
|
1/15/2014
|
This rule describes when support is assigned to ODJFS
due to the receipt of Ohio Works First (OWF), medical assistance, or Title IV-E foster care
maintenance (FCM) benefits. This rule is authorized under ORC section 3125.25, and
amplifies ORC sections 5160.35, 5160.38 and 5107.20. |
5101:12‑10‑32
|
Good Cause Waiver of Cooperation
|
10/15/2018
|
This rule describes the good cause waiver process upon a
request by the caretaker. This rule is authorized by ORC section 3125.25; and
amplifies ORC sections 3125.03, 5160.38, 5107.02 and 5107.22. |
5101:12‑45‑15
|
Grandparent’s Request for Child Support for Grandchild
|
10/15/2018
|
This rule describes the process
for the CSEA to establish an administrative child support order for a child
born to parents who are unmarried and unemancipated. This rule is authorized by ORC section 3125.25, and
amplifies ORC sections 3109.19, 3125.03, and 3125.25. |
5101:12‑50‑10.1
|
Income That May Be Withheld or Deducted
|
10/15/2018
|
This rule lists the sources of
income that are or are not subject to withholding or deduction. This rule is authorized by ORC section 3125.25; and
amplifies ORC section 3121.03. |
5101:12‑80‑09
|
Unreimbursed Assistance
|
1/15/2014
|
This rule describes when OWF or
FCM benefits are included in the unreimbursed assistance (URA); provides
definitions of terms used when calculating the URA; and states that the IV-D
program may only recover the amount of URA that does not exceed the assigned
support obligation. This rule is authorized under ORC section 3125.25, and
amplifies ORC sections 3125.03, and 5107.20. |
OCS has amended the following rules:
Amended Rule
|
Amended Rule Title
|
Prior Effective Date of Rule
|
Effective Date of Amendment
|
5101:12‑50‑10
|
Income Withholding or Income Deduction
|
10/15/2018
|
01/01/2024
|
This rule describes the requirements for a CSEA to
implement income withholding or income deduction. This rule is being revised to update the
reference of JFS 04047 to rule 5101:12‑50‑99. This rule is authorized by ORC section 3125.25 and
amplifies ORC sections 3121.01 and 3121.0310. |
5101:12‑50‑10.2
|
CSEA’s Responsibility for Income Withholding and Income
Deduction
|
10/15/2018
|
01/01/2024
|
This rule describes the CSEA’s responsibility when the
CSEA determines that the obligor is receiving income from a payor. This rule is being revised to update the
reference of JFS 04047 to rule 5101:12‑50‑99. This rule is authorized by ORC section 3125.25; and
amplifies ORC sections 3121.03, 3121.032, 3121.033, 3121.035 and 3121.036. |
5101:12‑50‑10.8
|
Withholding from Unemployment Compensation Benefits
Initiated by a Child Support Enforcement Agency
|
10/15/2018
|
01/01/2024
|
This rule describes the requirements for withholding
from unemployment compensation benefits received by an obligor. This rule is
being revised to update the reference of JFS 04047 to rule 5101:12‑50‑99. This rule is authorized by ORC section 3125.25; and
amplifies ORC sections 3121.07 and 4141.284. |
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
The rules and forms in the CSPM can be accessed at: http://emanuals.jfs.ohio.gov/
INSTRUCTIONS for CSEA INTERNAL PROCEDURAL
HANDBOOK:
Paragraph (J)(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.