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 amended the
following rules:
Amended Rule
|
Amended Rule Title
|
Prior Effective Date of Rule
|
Effective Date of Amendment
|
5101:12‑60‑50
|
Termination of Support
|
02/11/2019
|
5/01/2024
|
This rule describes how the Child Support Enforcement
Agency (CSEA) with administrative responsibility for a child support order
administratively terminates the current child support obligation and the
medical support provisions when a required or optional administrative
termination reason exists. Changes to the rule include: corrected a typo in
paragraph (A), removed language in existing paragraph (C) as it is no longer
needed; added new language to paragraph (C)(9) to clarify the term
"legal custody" of a child and updated references in paragraph (F). This rule is authorized by ORC sections 3119.94 and
3125.25, and amplifies ORC sections 3119.87 and 3119.88. |
5101:12‑60‑50.1
|
Administrative Termination Investigation, Findings and
Recommendations, and Impounding Support
|
02/11/2019
|
5/01/2024
|
This
rule describes the process that the CSEA shall follow to complete an
administrative termination investigation, issuing findings and recommendations
as a result of that investigation, and the process for impounding support;
and provides a formula for calculating cash medical support when the CSEA
terminates a child from an order and determines that there are other minor
children subject to the child support order. Changes
to the rule include: added Public Children Services Agency (PCSA) throughout
the rule; updating references in (A)(1), and removed existing language in
(A)(1)(b) as it is no longer needed; and amended language for clarity in
paragraphs (A) through (D) to assist the CSEAs in their administrative
termination investigation. This
rule is authorized by ORC sections 3119.94 and 3125.25, and amplifies ORC
sections 3119.89 and 3119.90. |
5101:12‑60‑50.2
| Administrative
Termination Hearing, Court Hearing, Administrative Termination Order, and
Disbursement of Impound Funds | 02/11/2019 | 5/01/2024 |
This
rule describes the process for the CSEA to conduct an administrative
termination hearing, to issue an administrative termination order, and the
process of disbursing impounded funds once an order has been terminated. This
rule also describes the ability for the parties of the order to request a
court hearing when an administrative termination request is either denied or
the parties object to the outcome, and also replaced the term "obligor
and obligee" with "party" throughout the rule to include other
representatives of the obligor or obligee. Changes
to the rule include: amended language in paragraph (A) to specify what the
obligor or obligee may be able to present at the administrative hearing, and
added new language in paragraph (E) instructing CSEA to terminate the income
withholding (JFS 04047) when the obligor does not owe any arrears or to issue
a new JFS 04047 for any remaining balance. This
rule is authorized by ORC sections 3119.94 and 3125.25, and amplifies ORC
sections 3119.91, 3119.92, and 3119.93. |
OCS has adopted the following rules:
Adopted Rule
|
Adopted Rule
Title
|
Effective Date
|
5101:12‑65‑05
|
Scope and Definitions
|
5/01/2024
|
This rule provides definitions for the rules contained
in chapter 5101:12-65. This rule and its supplemental rules describe
procedures for processing a case when an obligee or obligor to a child support
case for which the CSEA has administrative responsibility is deceased. This
rule has been adopted to implement section 3119.88 of ORC when the obligee or
obligor is deceased in order for the CSEA to initiate a termination
investigation.
This rule is authorized by ORC sections 3119.94 and
3125.25, and amplifies ORC sections 3125.03and 3125.11. |
5101:12‑65‑05.1
|
Deceased Obligee
|
5/01/2024
|
This
rule describes procedures for processing a case when an obligee is deceased.
This rule has been adopted to implement section 3119.88 of ORC when the
obligee is deceased in order for the CSEA to initiate a termination
investigation. This
rule is authorized by ORC sections 3119.94, 3121.07, 3121.43, 3121.71,
3123.823, and amplifies ORC sections 3119.27, 3119.89, 3119.90, 3121.07,
3121.43, 3121.56, 3121.58, 3123.821, 3125.03, 3125.07, 5107.20, and 5160.38. |
5101:12‑65‑05.2
| Deceased
Obligor | 5/01/2024 |
This
rule describes procedures for processing a case when an obligor is deceased.
This rule has been adopted to implement section 3119.88 of ORC when the
obligor is deceased in order for the CSEA to initiate a termination
investigation. This
rule is authorized by ORC sections 3119.94, 3125.25, and amplifies ORC
Sections 2117.06, 3119.88, 3119.89, 3119.90, 3121.43, 3121.58, and 3125.03. |
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.
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.