The Office of Family Stability (OFS) has developed an Ohio Works First (OWF) domestic violence policy in accordance with the requirements of Amended Substitute House Bill 119 (HB 119), which includes revisions to sections of Chapter 5107. of the Ohio Revised Code. This new policy regarding domestic violence must be implemented January 1, 2008.
The new OWF domestic violence policy will permit the OWF program to waive certain OWF program requirements when a caretaker or child is being subjected to domestic violence. One such requirement that may be waived is the requirement for a caretaker to cooperate with the child support enforcement agency (CSEA).
As a result of a collaborative effort between OFS and the Office of Child Support (OCS), a new process for approving or denying a good cause waiver of the requirement to cooperate with the CSEA was developed. This process is incorporated in a new rule and several new JFS forms.
Therefore, the Office of Child Support (OCS) has proposed to rescind the following rule:
| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
|---|
| 5101:12‑10‑31.3 | Good cause. | 2/1/2005 | 1/1/2008 |
| This rule was reviewed due to the new good cause requirements regarding domestic violence that are being implemented by the OWF domestic violence policy. This rule is being proposed for rescission and replaced by new rule 5101:12‑10‑32 because more than fifty percent of this rule is being stricken and replaced with new text. |
OCS has proposed to adopt the following rule:
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑10‑32 | Good cause waiver of cooperation. | 1/1/2008 |
This rule describes the process the CSEA will use when a request for a good cause waiver of the requirement to cooperate with the CSEA is received. This rule incorporates the requirements of HB 119 and ORC Chapter 5107. regarding domestic violence. The proposed good cause waiver criteria are applicable to OWF, Medicaid, and IV-E Foster Care Maintenance (FCM) recipients. Changes from the rescinded rule include: added definitions of "caretaker", "domestic violence", "permanent good cause waiver", "temporary good cause waiver", and "third party"; distinguished between a temporary good cause waiver based on domestic violence or adoption versus a permanent good cause waiver based on the child being conceived as a result of incest or rape; described the process to approve, deny, or terminate a good cause waiver; included a more robust process for reviewing, approving, and denying a good cause waiver; and described the use of new forms to support the process.
This rule replaces existing rule 5101:12‑10‑32, is authorized by ORC section 3125.25, and amplifies ORC sections 5101.59, 5107.02, and 5107.22.
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OCS has proposed to rescind the following forms:
| Rescinded Form | Rescinded Form Title | Prior Effective Date of Form | Effective Date of Rescission |
|---|
| JFS 04019 | Notice of Determination of Good Cause | 12/1999 | 1/1/2008 |
| This form is being rescinded and replaced by the new JFS 04009. |
| JFS 04020 | Request for Evidence in Determination of Good Cause | 12/1999 | 1/1/2008 |
| This form is being rescinded. |
OCS has proposed to adopt the following forms:
| Adopted Form | Adopted Form Title | Effective Date of Adoption |
|---|
| JFS 04008 | Request for Good Cause Waiver | 1/1/2008 |
| The JFS 04008 was created by OCS as a complement to the JFS 07092, which is given to the caretaker by the OWF eligibility worker during the OWF application process. However, since the JFS 07092 is not provided to caretakers in Medicaid or FCM cases and since a caretaker may request a good cause waiver from the CSEA at any time during the life of a IV-D case, OCS created the JFS 04008 to serve as a request for a good cause waiver. The JFS 04008 informs the caretaker that the CSEA must receive the caretaker's written documentation to support the request for a good cause waiver within 45 days of the CSEA receiving the JFS 04008. |
| JFS 04009 | Approval of Good Cause Waiver | 1/1/2008 |
| The JFS 04009 replaces the JFS 04019, which is being rescinded. The CSEA will issue the JFS 04009 to notify the caretaker of the approval of either a temporary or permanent good cause waiver. |
| JFS 04010 | Denial of Good Cause Waiver | 1/1/2008 |
| The JFS 04010 is a new form that the CSEA will issue to notify the caretaker of the denial of a good cause waiver and the caretaker's right to request a state hearing. |
| JFS 04011 | Good Cause Waiver Renewal | 1/1/2008 |
| The JFS 04011 is a new form that the CSEA will issue at least 45 days before the expiration of a temporary good cause waiver. The JFS 04011 provides the caretaker the opportunity to request a renewal of the good cause waiver and informs the caretaker that the CSEA must receive the caretaker's written documentation to support the request for a renewal of the good cause waiver within 45 days of the CSEA receiving the JFS 04011. |
| JFS 04012 | Termination of Good Cause Waiver | 1/1/2008 |
| The JFS 04012 is a new form that the CSEA will issue to notify the caretaker of the termination of a temporary good cause waiver when the caretaker fails to return the JFS 04011, indicates on the JFS 04011 that the caretaker no longer wants a good cause waiver, adoption proceedings are finalized or dismissed, or adoption discussions terminate. The JFS 04012 also notifies the caretaker of the caretaker's right to request a state hearing. |
INSTRUCTIONS:
When the CSPMTL is published, the CSPM will be updated as follows:
- A rescinded rule will be moved from the CSPM to the OAC Archive section of the eManuals.
- An adopted rule will be inserted.
- A rescinded form will be removed.
- An adopted form 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 rule contained in this CSPMTL to determine whether the rule requires the CSEA to update its internal procedural handbook. The CSEA should give particular care when reviewing the following rule as it contains new or modified requirements with which the CSEA must comply:
| Rule | Paragraph(s) |
|---|
| 5101:12‑10‑32 | All paragraphs |