The Office of Child Support (OCS) has proposed to rescind the following rules. The rules have been reviewed 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| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
|---|
| 5101:12‑80‑05 | Collections and disbursements by child support payment central. | 4/03/2005 | 1/15/08 |
| This rule describes the requirements to process and disburse support payments from a single physical location and contains definitions used in the rule and supplementary rules. This rule is being proposed for rescission and replaced by a new rule with the same rule number but a different title because more than 50% of this rule is being stricken and a comparable amount of new text is being added. |
| 5101:12‑80‑05.1 | Billing. | 4/03/2005 | 1/15/08 |
| This rule describes the billing process. The billing process is automated and does not require additional action from the child support enforcement agency (CSEA). Therefore, this rule will be rescinded and not replaced. However, a new rule with the same rule number is being proposed; the new rule describes different provisions. |
| 5101:12‑80‑05.2 | Collecting support payments. | 4/03/2005 | 1/15/08 |
| This rule describes how payments are collected at Child Support Payment Central (CSPC) and the CSEA and the requirements for a CSEA that has elected to receive collections. This rule is being proposed for rescission and replaced by a new rule with the same rule number but different title because more than 50% of this rule is being stricken and a comparable amount of new text is being added. Information contained in this rule that is related to business processes that do not require any action from the CSEA is not needed in the rule and will not be replaced; the remaining information from this rule will be contained in proposed rule 5101:12‑80‑05.1. A new rule with the same rule number is being proposed; however, the new rule describes different provisions. |
| 5101:12‑80‑05.3 | CSPC payment posting. | 4/03/2005 | 1/15/08 |
| This rule describes how payments are posted at CSPC and what information is needed in order for payments to be posted. This rule is being proposed for rescission and replaced by a new rule with the same rule number but a different title because more than 50% of this rule is being stricken and a comparable amount of new text is being added. |
| 5101:12‑80‑05.4 | Child support payment central (CSPC) disbursements. | 4/03/2005 | 1/15/08 |
| This rule describes disbursement time-frames, some OCS and CSEA responsibilities due to incorrect disbursements, and automated processes. This rule is being proposed for rescission because more than 50% of this rule is being stricken and a comparable amount of new text is being added. Information from this rule related to business processes that do not require any action from the CSEA are not needed and will not be replaced; the remaining information from this rule will be contained in proposed rules 5101:12‑80‑05.3 and 5101:12‑80‑05.4. A new rule with the same rule number is being proposed; however, the new rule describes different provisions. |
| 5101:12‑80‑05.5 | Exception processing. | 4/03/2005 | 1/15/08 |
| This rule describes exception items, some OCS and CSEA responsibilities in response to and in order to resolve exception items, the check replacement and check stop payment process, and internal CSPC communication processes. This rule is being proposed for rescission because more than 50% of this rule is being stricken and a comparable amount of new text is being added. Information from this rule related to business processes that do not require any action from the CSEA are not needed in the rule and will not be replaced; the remaining information from this rule will be contained in proposed rules 5101:12‑80‑05.4 and 5101:12‑80‑05.5. A new rule with the same rule number is being proposed; however, the new rule describes different provisions. |
| 5101:12‑80‑05.6 | Child support payment central (CSPC) recoupments. | 4/03/2005 | 1/15/08 |
| This rule describes the recoupment process and OCS and CSEA responsibilities during establishment and enforcement of recoupment accounts. This rule is being proposed for rescission because at least 50% of this rule is being stricken and a comparable amount of new text is being added. Part of the information from this rule will be contained in proposed rules 5101:12‑80‑05.6. The information regarding direct payments from an obligor to an obligee are considered gifts will be included in a new rule that will be proposed by OCS in the future. |
| 5101:12‑80‑05.7 | Interstate cost recovery reporting. | 4/03/2005 | 1/15/08 |
| This rule describes the automated payment processing of interstate cost recovery payments. This rule is being rescinded and not replaced because the process described in this rule is automated and does not require additional action from the CSEA. |
| 5101:12‑80‑15.1 | Notice of collection of assigned support. | 4/03/2005 | 1/15/08 |
| This rule describes the contents of the JFS 07638, "Notice of Collections of Assigned Support," and identifies when the form must issue to a current or former Title IV-A recipient. This rule is being rescinded and not being replaced since SETS issues the notice and no additional action is required by the CSEA. |
OCS has proposed to adopt the following rules:
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑80‑05 | Collection and disbursement. | 1/15/08 |
| This rule describes the requirement to process and disburse support payments from a single physical location and contains definitions used in this rule and supplementary rules. Changes from the rescinded rule include: removed definitions that are not used in the rule or supplemental rules and removed Child Support Payment Central (CSPC) and vendor email addresses. |
| 5101:12‑80‑05.1 | Collection at the child support enforcement agency. | 1/15/08 |
| This rule describes the requirements of a child support enforcement agency (CSEA) that elects to collect support payments, and the requirements regarding bonding employees and following recognized accounting standards. Changes include: added information concerning federal requirements for CSEA employees that collect and record support payments. |
| 5101:12‑80‑05.2 | Date of collection. | 1/15/08 |
| This rule describes how the date of collection of a support payment is determined. Changes from the rescinded include: removed information regarding business processes, and moved requirements for CSEAs that elect to collect support payments to rule 5101:12‑80‑05.1. |
| 5101:12‑80‑05.3 | Payment processing and disbursement. | 1/15/08 |
| This rule describes the processes taken to disburse funds and the timeframes required for disbursing support payments. Changes from rescinded rule include: added information regarding payment processing, added disbursement timeframes, and removed information regarding the vendor's business process. |
| 5101:12‑80‑05.4 | Exception item processing and resolution. | 1/15/08 |
| This rule describes exception items and actions OCS and the CSEA are required to take in order to resolve the problems and subsequently disburse payments. Changes include: added information regarding CSEA responsibilities specific to resolving different types of exception items. |
| 5101:12‑80‑05.5 | Check replacement. | 1/15/08 |
| This rule describes the actions the CSEA is required to take when a payee requests replacement of a check disbursed by CSPC. Changes include specifying that when the original check has already been redeemed, the CSEA shall notify the payee that the original check has been redeemed and therefore is not eligible for replacement. |
| 5101:12‑80‑05.6 | Recoupment. | 1/15/08 |
| This rule describes the purpose and process for establishing and enforcing recoupment accounts. Changes from rescinded rule include: added requirements regarding fund coverage responsibilities, added clarification regarding when the CSEA shall not use the recoupment process, added reference to the JFS 07026, and expanding upon restrictions of enforcement techniques for recoupment accounts. |
OCS has proposed to revise the following forms:
| Revised Form | Revised Form Title | Prior Effective Date of Form | Effective Date of Revision |
|---|
| JFS 04038 | Notice of Correction of a License Suspension | 12/2001 | 12/2007 |
| This form has been revised in order to be used to reinstate any type of license, when suspension has been made in error by the CSEA. Also, the form has been reformatted to meet the requirements set by ODFJS Forms Central. |
| JFS 07613 | Administrative Adjustment Review Denial Notice | 11/2000 | 10/2007 |
| This form has been revised to include citations to particular Ohio Administrative Code rule(s) that authorize the CSEA to deny a request for an administrative review and adjustment. |
| JFS 07707 | Address Information Request | 1/1998 | 10/2007 |
| This form has been revised to adjust the prefix and number to reflect current formatting standards. Certain parts of the text have been modified to more closely comply with the requirements contained at 39 CFR 265.6(d)(5)." |
| JFS 07719 | Administrative Order for Child Support and Health Care | 7/2007 | 10/2007 |
| This form has been revised to clarify language regarding the parties' responsibilities when health insurance is and is not available, in accordance with sections 3119.30 and 3119.32 of the Ohio Revised Code. |
| JFS 07747 | Forged Signature Affidavit | 01/1998 | 12/2007 |
| This form is completed by a payee when a payment disbursed by Child Support Payment Central has been redeemed in the payee's name and the payee attests that the payment was not in fact redeemed by the payee. |
OCS has proposed to adopt the following forms:
| Adopted Form | Adopted Form Title | Effective Date of Adoption |
|---|
| JFS 07038-F | Acknowledgment of Paternity Affidavit (French version) | 8/2007 |
| The English version of the JFS 07038 was translated to French for the purpose of accommodating individuals who are non-English speaking and assist these individual in understanding the content of the form. However, the English version of the JFS 07038 is required to be signed in order for the affidavit to become an official document. |
| JFS 07038-S | Acknowledgment of Paternity Affidavit (Spanish version) | 8/2007 |
| The English version of the JFS 07038 was translated to Spanish for the purpose of accommodating individuals who are non-English speaking and assist these individual in understanding the content of the form. However, the English version of the JFS 07038 is required to be signed in order for the affidavit to become an official document. |
| JFS 07038-SO | Acknowledgment of Paternity Affidavit (Somali version) | 8/2007 |
| The English version of the JFS 07038 was translated to Somali for the purpose of accommodating individuals who are non-English speaking, and assist these individual understanding the content of the form. However, the English version of the JFS 07038 is required to be signed in order for the affidavit to become an official document. |
| JFS 07026 | Recoupment Account Maintenance Request | 12/2007 |
| The CSEA will submit this form to Payment Analysis & Account Reconciliation (PAAR) in order to request maintenance of a recoupment account. |
| JFS 07026-I | Recoupment Account Maintenance Request | 12/2007 |
| This form provides instructions for the user to complete the JFS 07026. |
| JFS 07031 | Recoupment Account Creation Request | 12/2007 |
| The CSEA will submit this form to PAAR in order to request the establishment of a recoupment account. |
| JFS 07031-I | Recoupment Account Creation Request Instructions | 12/2007 |
| This form provides instructions on how to complete the JFS 07031. |
| JFS 07739 | Child Support Payment Central Check Traveler | 6/2007 |
| This form is used by CSEAs, other state IV-D agencies, and remitters when forwarding payments received by those entities to Child Support Payment Central for collection and disbursement. |
INSTRUCTIONS:
When the CSPMTL is published, the CSPM will be updated as follows:
- Rescinded rules will be moved from the CSPM to the OAC Archive section of the eManuals.
- Adopted rules will be inserted.
- Revised form will be replaced with the amended form.
- Adopted forms 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:
http://www.odjfs.state.oh.us/forms/inner.asp
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) |
|---|
| 12-80-05.1 | C, E, F, G, H |
| 12-80-05.4 | D, E, F |
| 12-80-05.5 | C |
| 12-80-05.6 | B, C, D, E, H, I, J |