The Office of Child Support (OCS) is proposing to rescind Child Support Enforcement Information and Instructional Memorandum (CSEIIM) No. 50. This CSPMTL replaces and updates the information that had been in CSEIIM No. 50.
BACKGROUND
Effective April 24, 2000, payments from all child support enforcement agencies (CSEA) were to be included in the County Package and forwarded via UPS to Child Support Payment Central (CSPC). This meant that payment records no longer reside in local CSEA computers. This information, or data compilation, resides in Columbus on ODJFS computers.
This change had an effect on the procedures used by CSEAs in introducing payment records as evidence in child support court cases. This transmittal discusses some of the legal ramifications of this change and should be brought to the attention of the CSEA's legal advisor.
Such records are hearsay as out-of-court statements offered for their truth, but are excepted from the hearsay rule through Evidence Rule 803(8), which governs the admission of public records and reports. Evidence Rule 803(8)(a) covers the admission of records reflecting events, transactions and conditions. The rule encompasses the records of state agencies.
Pursuant to Evidence Rule 902(4), data compilations of official records are admissible if certified as correct by the custodian of records or other person authorized to make the certification in compliance with Evidence Rule 902(1), (2), or (3) or by complying with any law of a jurisdiction, state or federal, or rule of the Supreme Court of Ohio.
Section 3125.24 of the Ohio Revised Code (ORC) states that CSEAs operate under the direction of ODJFS. ODJFS is the Title IV-D agency for Ohio and the CSEAs operate as the local Title IV-D agency. Section 3125.15 of ORC requires CSEAs to maintain records of support orders it administers or otherwise handles.
Section 3121.81 of ORC requires ODJFS to keep a Case Registry of all support orders, including payment records of those orders. This information shall be accessed through the Support Enforcement Tracking System (SETS). This includes information gathered through CSPC and entered into SETS. Federal law spells out the requirements for this registry of support orders. 42 U.S.C. 654 states that among these requirements is that of keeping payment records of support orders and the payment records must include the monthly or periodic amount, the amount of arrearages, the amounts paid, and the distribution of these payments.
Given this statutory linkage between ODJFS and the CSEAs, CSEA directors and their employees can be designated by the Director of ODJFS as authorized persons to certify payment records of support orders included on SETS and the Case Registry as the official payment records of ODJFS. Accordingly, the Director has signed an "Authorization For Certification Of SETS Records" under seal authorizing CSEA directors, and the employees designated by the CSEA director, as authorized persons to certify and attest to the authenticity of payment records in child support cases. In turn, the CSEA Directors and employees they designate will attest and certify that the payment records attached are the true and accurate copies of the records for the relevant case.
In the alternative, payment records could be presented as business records, under the exception to the hearsay rule contained in Evidence Rule 803(6).
Peters v. Ohio State Lottery Commission (1992) 63 Ohio St. 3d 296 holds that records of a state agency qualify as business records.
The records of child support payments through CSPC and recorded in SETS are business records of a state agency, ODJFS, as they are recorded in the regular course of the Department's business. As the CSEA operates the IV-D program under the direction of the Department and is the local IV-D agency, the records of the Department are the records of the CSEA.
The CSEA employee who testifies as to the Business Records under Evidence Rule 803(6) may be the custodian of the records or 'other qualified witness'. This person can be someone who is familiar with the operation of the business. State v. Vrona (9th Dist. 1992)
47 Ohio App. 3d 145. See also Dyno Construction Co. v McWane, Inc. (C.A. 6, 1999) 198 F.3d 567. The Director of the CSEA is clearly familiar with the operation of the child support system in Ohio and should be knowledgeable regarding CSPC and SETS. However, a caseworker is also familiar with the operation of the business since a caseworker must be knowledgeable regarding all phases of the child support system due to the wide variety of responsibilities he/she must face on a daily basis. Therefore, a caseworker could be an 'other qualified witness' for purposes of Evidence Rule 803(6).
To obtain a certified copy of the "Authorization For Certification Of SETS Records", the CSEA should contact its County Services team email-box.
OCS has proposed to rescind CSEIIM 50:
| Rescinded CSEIIM | Rescinded CSEIIM Title | Effective Date of Rescission |
|---|
| CSEIIM 50 | Introduction of SETS/CSPC Payment Records into Evidence in Ohio Courts for Child Support Cases | 04/01/08 |
| This CSEIIM is being rescinded and replaced with this CSPMTL. The CSPMTL contains the correct U.S.C. and ORC sections. |
INSTRUCTIONS:
When the CSPMTL is published, the CSPM will be updated as follows:
- A rescinded CSEIIM will be removed.
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