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| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
|---|
| 5101:12‑10‑25.2 | Family violence indicator (FVI). | 02/01/2005 | 5/15/2008 |
| This rule describes the requirements for OCS to identify and maintain information that indicates whether a SETS participant is subject to family violence, send the information to the federal case registry, and protect that information against unauthorized access. This rule is being proposed for rescission and replaced by rule 5101:12‑10‑20 so that the rule will be located immediately after a related rule in the Ohio Administrative Code. |
| 5101:12‑10‑25.3 | Request for override of family violence indicator restriction. | 02/01/2005 | 5/15/2008 |
| This rule describes when a court may issue a one-time override of the family violence indicator when certain requirements are met. This rule is being proposed for rescission and replaced by rule 5101:12‑10‑20.1 so that the rule will be located immediately after a related rule in the Ohio Administrative Code. |
| 5101:12‑10‑40.1 | Program income. | 01/01/2005 | 5/15/2008 |
| This rule describes what is considered IV-D program income and that IV-D program income must be reported by the child support enforcement agency (CSEA) on the JFS 02750, "Child Support Administrative Fund Monthly Financial Statement." This rule is being proposed for rescission and replaced by rule 5101:12‑1‑53 so that the rule will be located in the appropriate chapter of the Ohio Administrative Code. |
OCS has proposed to amend the following rules:
| Amended Rule | Amended Rule Title | Prior Effective Date of Rule | Effective Date of Amendment |
|---|
| 5101:12‑10‑70 | Termination of services. | 6/15/2006 | 5/15/2008 |
This rule describes the termination of services criteria and the process the CSEA uses to terminate IV-D services or support enforcement program services (SEPS). The revisions were based on recommendations made by a work group of CSEAs and the Ohio CSEA Directors Association that was established by OCS.
Changes to the rule include: revised definitions for a non-public assistance and public assistance case to mirror Medicaid cooperation requirements; removed language throughout paragraph (D) that specifies the case type in which the termination of services criteria could or could not be used, leaving only the case type exceptions; added language in paragraph (D)(9) that permits termination of services when a permanent good cause waiver is granted by the CSEA; added language in paragraph (D)(11) that permits termination of services when a case is a child-only, Medicaid-only case and meets other criteria; and added new paragraph (G) that permits termination of SEPS in a Non-IV-D case with an existing arrears balance under certain conditions.
This rule is authorized by ORC section 3125.25 and amplifies 45 CFR 303.11 and ORC section 3125.11.
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| 5101:12‑50‑32.1 | Submission criteria. | 7/1/2006 | 5/15/2008 |
This rule describes the criteria used to submit an obligor for federal income tax refund offset. Changes from the existing rule include: paragraph (C)(3)(b)(iii) was modified to permit the submission of an obligor who owes unassigned arrears, regardless of the age of the child; deleted sub-paragraphs in (D) that discussed interstate cases as that information is contained in the interstate rules. There were no other substantive changes made to the rule.
This rule replaces existing rule 5101:12‑50‑32.1 which is being amended in response to the Deficit Reduction Act of 2005. This rule is authorized under ORC section 3125.25 and 3123.81 amplifies ORC section 3123.81.
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OCS has proposed to adopt the following rules:
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑1‑53 | Program income. | 5/15/2008 |
This rule describes what is considered IV-D program income and that IV-D program income must be reported by the CSEA on the JFS 02750, "Child Support Administrative Fund Monthly Financial Statement." Changes from the rescinded rule include: changed the rule number from 5101:12‑10‑40.1 so that it would be located in the appropriate chapter of the CSPM; added the revision date of the JFS 02750 in paragraph (C); and changed "non-OWF" to "IV-D" in paragraph (D)(4).
This rule replaces rule 5101:12‑10‑40.1, is authorized by ORC section 3125.25, and amplifies ORC sections 3121.71 and 3125.03 and sections 304.50 and 305.32 of Title 45 of the Code of the Federal Regulations.
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| 5101:12‑10‑20 | Family violence indicator. | 5/15/2008 |
This rule describes the requirements for OCS to identify and maintain information that indicates whether a SETS participant is subject to family violence, send the information to the federal case registry, and protect that information against unauthorized access. Changes from the rescinded rule include: changing the rule number to 5101:12‑10‑20 so that the rule is located in the appropriate chapter of the CSPM and added language that reflects new rule 5101:12‑10‑32. There is no change to the existing process.
This rule amplifies federal requirements contained in the Personal Responsibility and Work Opportunity Reconciliation Act.
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| 5101:12‑10‑20.1 | Request for override of family violence indicator. | 5/15/2008 |
This rule describes when a court may issue a one-time override of the family violence indicator when certain requirements are met. Changes from the rescinded rule include changing the rule number to 5101:12‑10‑20.1 so that the rule is located in the appropriate chapter of the CSPM. There is no change to the existing process.
This rule amplifies federal requirements contained in the Personal Responsibility and Work Opportunity Reconciliation Act.
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OCS has proposed to amend the following forms:
| Amended Form | Amended Form Title | Prior Effective Date | Effective Date of Amendment |
|---|
| JFS 07013 | Federal Tax Information Safeguarding Questionnaire | 7/2005 | 4/2008 |
In accordance with Ohio Administrative Code (OAC) rule 5101:12‑1‑20.2, OCS is required to conduct periodic Federal Tax Information (FTI) safeguarding visits with each CSEA. The CSEA is required to complete the JFS 07013 prior to the safeguarding visit.
Changes from the prior form include: The length of the form was reduced from 13 to 3 pages; insertable fields were added, which will enable the CSEA to complete the form more efficiently prior to an FTI safeguarding visit; form was re-formatted for clarity and to streamline the FTI safeguarding visit; and references to the new JFS 07019, "Federal Tax Information Item Tracking Log," have been added, due to a new FTI tracking requirement imposed by the Internal Revenue Services (IRS).
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| JFS 07014 | Tax Information Safeguarding Authorization Agreement | 10/2005 | 4/2008 |
In accordance with OAC rule 5101:12‑1‑20.2, every employee of an agency that has access to FTI is required to sign and submit the JFS 07014 in order to certify that the employee understands the requirements related to safeguarding FTI.
Changes from the prior form include: The addition of insertable fields at the top of the first page and a field for "SETS User ID."
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| JFS 07618 | Employer Information Request | 12/2005 | 3/2008 |
| This form is used to request information from an employer regarding an individual who works for that employer. The form was revised for clarity and to provide greater flexibility so that the form can be used to obtain information regarding either the non-custodial parent or the custodial parent. |
| JFS 07700 | SETS User Access | 4/2007 | 5/2008 |
| This form has been modified to include a new field (business e-mail address) in Section A1, added a new field to capture the name of the agency or office of other staff in Section A2, and modified a field in Section D1 so that it also referred to an other agency as well as an other state office. |
OCS has proposed to adopt the following forms:
| Adopted Form | Adopted Form Title | Effective Date of Adoption |
|---|
| JFS 07019 | Federal Tax Information Item Tracking Log | 4/2008 |
| The JFS 07019 is a new form that was developed by OCS in response to new requirements from the IRS for states to track the path of printed FTI from generation through destruction. The CSEA is required to utilize the JFS 07019 to track FTI and provide appropriate documentation to OCS in accordance with paragraph (F)(3) of OAC rule 5101:12‑1‑20.2 and the revised JFS 07013. OCS will conduct a review of the JFS 07019 during the periodic FTI safeguarding visits described in rule 5101:12‑1‑20.2. |
| JFS 07019 | Instructions for JFS 07019, Federal Tax Information Item Tracking Log | 4/2008 |
| The form was created to provide the CSEA with instructions for completing the JFS 07019. |
OCS has proposed to rescind the following CSEIIM:
| Rescinded CSEIIM | Rescinded CSEIIM Title | Effective Date of Rescission |
|---|
| 43 | Assignment and Distribution of CRIS-E Benefit Types | 4/15/2008 |
| This CSEIIM describes the assignment and distribution of CRIS-E benefit types and references a chart that addresses which public assistance benefits are reimbursable. The chart has been updated by the Office of Family Stability (OFS) within ODJFS. OCS is rescinding CSEIIM 43 and moving the chart from the CSPM to the "Reference Center Information" area of the OCS InnerWeb, which will make the chart easily accessible to CSEAs. The other information contained in the body of the CSEIIM can be found in the Cash Assistance Manual. |
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 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 be inserted.
- An adopted form will be inserted.
- 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
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.