CSPMTL 193 (Five Year Rule Review – House Bill 33 – Caretaker, Administrative Responsibility and Guidelines Rules and Forms)
Child Support Program Manual Transmittal Letter No. 193
March 20, 2024
TO: All Child Support Program Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Five Year Rule Review – House Bill 33 – Caretaker, Administrative Responsibility and Guidelines Rules and Forms

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 Amended the following rules:

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amendment
5101:12‑10‑01.1 IV-D Application and IV-D Referral 06/15/2023 04/03/2024

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 removed restrictive language in accordance with section 121.95 of the Revised Code and added a new requirement to paragraph (E) when a CSEA will deny IV-D services to a IV-D application or IV-D referral.

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

5101:12‑10‑03 Administrative Responsibility 06/01/2014 04/03/2024

This rule describes the criteria when a child support enforcement agency (CSEA) has administrative responsibility for intrastate cases.

Changes to this rule include removed restrictive language in accordance with section 121.95 of the Revised Code, added "or caretaker" for consistency throughout the rule, and added new language to paragraph (C)(3) for clarity when an alleged father is deceased and added the language "or redirection" to paragraph (E).

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

5101:12‑10‑04 Administrative Responsibility for an Intergovernmental Case 06/01/2014 04/03/2024

This rule describes the criteria when a CSEA has administrative responsibility for intergovernmental cases.

Changes to this rule include removed restrictive language in accordance with section 121.95 of the Revised Code, added new language to paragraph (D)(2)(c), and added the language "or redirection" to paragraph (D)(4) and "or redirect" to paragraph (D)(4)(a).

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

5101:12‑45‑10 Calculation of the Support Obligations 01/15/2020 04/03/2024

This rule describes the procedures for a child support enforcement agency (CSEA) to use when calculating or adjusting the child support and cash medical support obligations contained within a child support order.

Changes to this rule include removed restrictive language in accordance with section 121.95 of the Revised Code and amended the reference in paragraph (C) to match the changes made to section 3119.01 of the Revised Code.

This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3119.02 and 3125.03.

5101:12‑45‑99 Chapter 5101:12-45 Forms – Support Establishment 05/01/2023 04/03/2024

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 5101:12-45 of the Administrative Code. 

Changes to this rule include updated the revision date of the JFS 07719 and amended the format of the effective dates for the JFS    01717 and JFS 01718 for consistency.

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

5101:12‑60‑05.1 Initiation of an Administrative Review 01/15/2020 04/03/2024

This rule describes the criteria to initiate an administrative adjustment review.

Changes to this rule include removed restrictive language in accordance with section 121.95 of the Revised Code, added and clarified language in paragraph (B), adding "or redirected" to paragraph (E)(8) and amended language in paragraph (E)(9) for clarity.

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3119.60, 3119.61, 3119.63, and 3125.03.

5101:12‑60‑05.4 Calculation and Recommendation of a Revised Order for Child and Medical Support 02/14/2019 04/03/2024

This rule describes the CSEA's responsibilities in calculating the support obligations included in a child support order and recommending an adjusted child support order. 

Changes to this rule include removed restrictive language in accordance with section 121.95 of the Revised Code, clarified language in paragraphs (B) and (E)(1) and added new language to paragraph (D)(3).

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3119.60, 3119.61, 3119.63, and 3125.03.

5101:12‑60‑99 Chapter 5101:12-60 Forms – Order Administration 04/01/2022 04/03/2024

This rule contains a compilation of forms within division 5101:12 of the Administrative Code, but first cited within Chapter 5101:12-60 of the Administrative Code.

Changes to the rule include amended the effective dates of the JFS 01849, JFS 01866, JFS 07049, JFS 07521, JFS 07522, and added the JFS 07800, JFS 07801, and JFS 07802 to this rule.

This rule is authorized by section 3125.25 of the Revised Code and amplifies sections 3125.03 and 3125.25 of the Revised Code.

      

OCS has Adopted the following rules:

Adopted Rule Adopted Rule Title Effective Date of Adopted Rule
5101:12‑60‑60 Redirection of Support 4/3/2024

This rule describes how the child support enforcement agency with administrative responsibility for a child support order redirects payments under a support order from one payee to a different payee. This rule is being added due to language in House Bill 33.

 

This rule is authorized by ORC section 3125.25 and 3119.9541; and amplifies ORC sections 3119.955, 3119.957, 319.9511, 3119.9513, 3119.9517, 3119.9527, 3119.9529, 3119.9531, 3119.9533, 3119.9535, 3119.9537.

5101:12‑60‑60.1 Administrative Redirection Investigation, Findings and Recommendations, and Impounding Support 4/3/2024

This rule describes how the child support enforcement agency with administrative responsibility for a child support order conducts an administrative redirection investigation and issues a findings and recommendation regarding whether the child support order should be redirected. This rule is being added due to language in House Bill 33.

 

This rule is authorized by ORC section 3125.25 and 3119.9541; and amplifies ORC sections 3119.955, 3119.957, 319.9511, 3119.9513, 3119.9517, 3119.9529, 3119.9531, 3119.9533, 3119.9535.

5101:12‑60‑60.2 Administrative Redirection Hearing, Administrative Redirection Order, and Disbursement of Impounded Funds 4/3/2024

This rule describes how the child support enforcement agency with administrative responsibility for a child support order conducts an administrative redirection hearing and issues a hearing decision and the disbursement of funds to the appropriate individual. This rule is being added due to language in House Bill 33.

 

This rule is authorized by ORC section 3125.25 and 3119.9541; and amplifies ORC sections 3119.955, 3119.957, 319.9511, 3119.9513, 3119.9517, 3119.9527, 3119.9529, 3119.9531, 3119.9533, 3119.9535, 3119.9537.

    

OCS has Amended the following forms.

Form Number Form Title Prior Effective Date of Form Revised Effective Date
JFS 01849 Request for an Administrative Review of the Child Support Order 10/2019 4/2024

This form can be completed by any party on a child support order to request an administrative review of the child support order.

This form has been amended to add language to item 8 "to redirect".

JFS 01866 Administrative Review Pending Notice 2/2019 4/2024

This form is issued by the CSEA to the requester of the administrative review and adjustment when the recommendation to the administrative review cannot be issued because of the JFS 07606, "Administrative Adjustment Review Notification" being sent to the non-requesting party and returned to the CSEA as undeliverable.

Changes to this form include revised the form for clarity, added additional spaces for multiple case numbers, and added the option for a case worker to select the reason why the modification is pending.

JFS 07521 Results of Support Order Termination Investigation 2/2019 4/2024

This form is issued to the parties in response to a request to terminate the support order administratively, and the CSAE does not terminate the order based on its findings and informs the parties to file an action with the court if the parties wishes to pursue the matter.

Changes to this form include amended the OAC reference to 5101:12‑60‑50 in the second paragraph.

JFS 07522 Findings and Recommendations to Terminate the Administrative Child Support Order 3/2019 4/2024

This form is used by a CSEA to notify the clients that the CSEA has conducted an investigation to determine whether one of the administrative termination reasons exist to terminate support.

Changes to this form include added language for clarity in accordance with section 3103.031 of the Revised Code, added "2%" to item #3 on page 2 and item #5 on page 3, clarified language in items #5 and #6 on pages 3 and 4, added section headers on page 4, and added language for clarity to the request for an Administrative Hearing section.

JFS 07049 Notice of Right to Request Administrative Review of Child and Medical Support Order 10/2019 4/2024

This form is used to notify the parties of their rights to request an administrative review of their child support and medical support order.

This form has been amended to add language to item 8 "to redirect".

JFS 07719 Administrative Order for Child Support and Medical Support 10/2019 4/2024

This form is used by a CSEA to order the amount of support to be paid and the provisions for medical support.

Changes to the form include added the word "redirection" in the notice to a child support obligor and obligee section to match the language of section 3121.29 of the Ohio Revised Code.

      

OCS has Adopted the following forms.

Adopted Form Adopted Form Title Effective Date of Adoption
JFS 07800 Results of Investigation to Redirect the Child Support Order 4/2024
This form will be used by the child support enforcement agency (CSEA) to inform the requesting party of the determination whether any reason exists for which the child support order should be redirected or should continue to be redirected.
JFS 07801 Findings and Recommendations to Redirect the Administrative Support Order 4/2024
This form will be used by the child support enforcement agency (CSEA) to the parties that the CSEA has conducted an investigation to determine whether any reason exists for which the child support order should be redirected to a caretaker.
JFS 07802 Administrative Order to Redirect the Administrative Support Order 4/2024
This form will be used by the child support enforcement agency (CSEA) to inform the parties that the JFS 07801 are approved and adopted as a final administrative order.
    

INSTRUCTIONS:

When the CSPMTL is published, the CSPM will be updated as follows: 

  • An Amended rule will be inserted, and the previous version will be moved to the OAC Archive section of the eManuals.
  • An adopted rule will be inserted.
  • An Amended form will replace the current posted form.
  • An adopted form will be inserted.

The rules and forms in the CSPM can be accessed at: http://emanuals.odjfs.state.oh.us/emanuals.

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.