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| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
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| 5101:12‑10‑65 | Unclaimed funds. | 11/08/2004 | 11/15/2008 |
This rule describes the requirements of Ohio Revised Code (ORC) section 3123.88 for OCS to report unclaimed funds from child support collections to the Ohio Department of Commerce. The statute and the rule do not require any action from the child support enforcement agency (CSEA).
This rule is being proposed for rescission because the rule is being moved to OAC Chapter 5101:12-80. The rescinded rule will be replaced with new Ohio Administrative Code (OAC) rule 5101:12‑80‑25.
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| 5101:12‑60‑50 | Termination of support. | 1/1/2006 | 11/15/2008 |
This rule describes the administrative process used by a CSEA when a child support order should be terminated.
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. The rescinded rule will be replaced by new OAC rules 5101:12‑60‑50 to 5101:12‑60‑50.2. Information from this rule regarding the administrative termination investigation, the resulting findings and recommendations, and impounding child support payments will be contained in new OAC rule 5101:12‑60‑50.1. Information from this rule regarding the parties right to administrative and court hearings, the process for conducting an administrative hearing, administrative termination orders, and disbursement of impounded funds will be contained in new OAC rule 5101:12‑60‑50.2.
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OCS has proposed to adopt the following rules:
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑60‑50 | Administrative termination of a child support order. | 11/15/2008 |
This rule contains the definitions used in this rule and its supplemental rules, specifies who must notify the CSEA of a reason to terminate the child support order, lists the required reasons that the CSEA must initiate an administrative termination investigation, lists the optional reasons that the CSEA may administratively terminate a child support order, and describes the restrictions to the administrative termination process.
Changes from the rescinded rule include: clarify that the CSEA may only administratively terminate a child support order when a valid administrative termination reason exists; state that the CSEA may elect to have a party to the child support order file an action with the appropriate court or assist the party with filing an action with the appropriate court when the party is requesting termination but a required or optional administrative termination reason does not exist; describe what is meant by a "valid administrative termination reason"; delete the list of forms used in the administrative termination process; enhance the definition of "child support order" to include medical support provisions; add a definition of "overpaid child support"; add four reasons that the CSEA is required to administratively terminate a child support order; add a reason that the CSEA may elect to administratively terminate a child support order; specify that the CSEA shall issue a JFS 07521 to the parties' last known addresses when there is not a valid administrative termination reason; and move information regarding the investigation and the findings and recommendations to new OAC rule 5101:12‑60‑50.1 and information regarding the administrative termination hearing, court hearing, administrative termination order, and disbursing impounded funds to new OAC rule 5101:12‑60‑50.2.
This rule replaces part of OAC rule 5101:12‑60‑50, is authorized under ORC section 3119.94, and amplifies ORC sections 3119.87 and 3119.88.
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| 5101:12‑60‑50.1 | Administrative termination investigation, findings and recommendations, and impounding support. | 11/15/2008 |
This rule describes the administrative termination investigation that the CSEA is required to conduct when notified that a required administrative termination reason exists to terminate the child support order or that the CSEA may elect to conduct when notified that an optional administrative termination reason exists to terminate the child support order, the findings and recommendations that the CSEA must issue when dealing with an administrative child support order or court child support order, and process for impounding amounts paid pursuant to the child support order (i.e., child and cash medical support).
Changes from the rescinded rule include: clarify what initiates the administrative termination review; clarify that an administrative termination review may be initiated prior to the date the child is expected to graduate from high school; clarify that, when the CSEA determines that a valid administrative termination reason does not exist, the CSEA is to issue the JFS 07521 to the parties at their last known addresses; clarify that the CSEA is to determine whether there has been an overpayment; separate the findings and recommendations into a section for administrative child support orders and a section for court child support orders; in the findings and recommendations for administrative child support orders, require the use of the JFS 07522, which includes the same findings and recommendations that are to be used in court child support orders; require the use of the JFS 07523 to impound support payments; clarify that, when all support obligations will be terminated and the Ohio Department of Job and Family Services (ODJFS) has received an overpayment, then the CSEA must recommend that the overpaid amount must be disbursed in accordance with OAC rules 5101:12‑80‑10 to 5101:12‑80‑10.2; remove the requirement for the CSEA to use the JFS forms for issuing the findings and recommendations in a court child support order so that the CSEA may develop its own form that complies with its court's formatting requirements; specify what must be included in the findings and recommendations for a court child support order; and add that the CSEA may include an additional finding and recommendation that the obligee repay the obligor any overpayment.
This rule replaces part of OAC rule 5101:12‑60‑50, is authorized under ORC section 3119.94, and amplifies ORC sections 3119.89 and 3119.90.
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| 5101:12‑60‑50.2 | Administrative termination hearing, court hearing, administrative termination order, and disbursement of impounded funds. | 11/15/2008 |
This rule describes the parties' right to an administrative termination hearing, the administrative termination hearing process, the parties' right to a court hearing, the administrative termination order, and the disbursement of impounded funds.
Changes from the rescinded rule include: provide greater clarification of the administrative termination hearing process; add that the CSEA must issue its decision within fifteen days of the conclusion of the administrative termination hearing; clarify that the obligor and obligee may bring a representative to the administrative termination hearing but that the CSEA may exclude any individual who is determined not to have a valid interest in the proceedings; require the CSEA to use the JFS 07526 for the administrative termination hearing decision in administrative child support order but require the CSEA to create its own form for use in court child support orders; add when the CSEA may deny a request for an administrative termination hearing and the form to be used when denying the request; clarify the parties' right to file an action for a court hearing; amplify when the CSEA will issue an administrative order or prepare a court order to terminate the child support obligation; and describe when the CSEA will disburse impounded funds.
This rule replaces part of OAC rule 5101:12‑60‑50; is authorized under ORC section 3119.94; and amplifies ORC sections 3119.91, 3119.92, and 3119.93.
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| 5101:12‑80‑25 | Unclaimed funds. | 11/15/2008 |
This rule describes the requirements of ORC section 3123.88 for OCS to report unclaimed funds from child support collections to the Ohio Department of Commerce. The statute and the rule do not require any action from the CSEA.
There are no changes to this rule other than changing the rule number and correcting minor grammatical and Legislative Services Commission formatting errors.
This rule replaces OAC rule 5101:12‑10‑65; is authorized under ORC section 3125.25; and amplifies ORC sections 169.03 and 3125.03.
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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 07513 | Administrative Termination Order - Contested | 11/2002 | 11/2008 |
| This form is issued to terminate an administrative child support order when neither party objects to the JFS 07620. |
| JFS 07514 | Administrative Termination Order | 11/2002 | 11/2008 |
| This form is issued to terminate an administrative child support order when neither party objects to the JFS 07617. |
| JFS 07515 | Termination Order - Contested | 10/2002 | 11/2008 |
| This form is issued to terminate a court child support order when neither party objects to the JFS 07620. |
| JFS 07516 | Termination Order | 10/2002 | 11/2008 |
| This form is issued to terminate a court child support order when neither party objects to the JFS 07617. |
| JFS 07615 | Notice of Child Support Investigation - Continuation of Support | 11/2002 | 11/2008 |
| This form is issued at the conclusion of the administrative termination investigation when the CSEA determines that child support should continue. |
| JFS 07617 | Notice of Child Support Investigation - Termination of Support | 5/2005 | 11/2008 |
| This form is issued at the conclusion of the administrative termination investigation when the CSEA determines that child support should terminate. |
| JFS 07618-A | Administrative Order to Impound Child Support | 7/2002 | 11/2008 |
| This form is issued to impound child support payments in an administrative child support order. |
| JFS 07618-J | Order to Impound Child Support | 7/2002 | 11/2008 |
| This form is issued by a court to impound child support payments in a court child support order. |
| JFS 07619 | Notice of Administrative Termination Hearing | 7/2002 | 11/2008 |
| This form is issued to schedule an administrative termination hearing when one of the parties to the child support order objects to the JFS 07615 or JFS 07617. |
| JFS 07620 | Administrative Termination Hearing Decision | 3/2003 | 11/2008 |
| This form is issued at the conclusion of the administrative termination hearing to inform the parties of the CSEA's decision to terminate the child support order and advise them of their right to a court hearing. |
| JFS 07622 | Administrative Termination Hearing Decision - Continuation of Support | 11/2002 | 11/2008 |
| This form is issued at the conclusion of the administrative termination hearing to inform the parties of the CSEA's decision to not terminate the child support order and advise them of their right to a court hearing. |
OCS has proposed to adopt the following forms:
| Adopted Form | Adopted Form Title | Effective Date of Adoption |
|---|
| JFS 07521 | Notice to Continue Support | 11/2008 |
This form is used to notify the parties that the child support order will not be terminated administratively and, if they disagree with this determination, they may file an action with the appropriate court.
This form replaces the JFS 07615.
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| JFS 07522 | Findings and Recommendations to Terminate the Administrative Child Support Order | 11/2008 |
This form is issued to the parties at the conclusion of the administrative termination investigation to notify the parties that the administrative child support order should terminate and of the CSEA's findings and recommendations.
This form replaces the JFS 07617 when dealing with administrative child support orders.
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| JFS 07523 | Administrative Order to Impound Support | 11/2008 |
This form is issued to the parties when the CSEA has determined that there is a valid administrative termination reason and the continued disbursement of support payments would result in or add to an overpayment.
This form replaces the JFS 07618-A.
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| JFS 07524 | Denial of Administrative Termination Hearing Request | 11/2008 |
| This form is issued when the CSEA denies a request for an administrative termination hearing because the request was not received timely, was not from one of the parties of the child support order or their representative, or the request was not related to the findings and recommendations contained on the JFS 07522. |
| JFS 07525 | Notice of Administrative Termination Hearing | 11/2008 |
This form is issued when the CSEA has accepted a request for an administrative termination hearing to notify the parties of the date, time, and place of the administrative termination hearing.
This form replaces the JFS 07619.
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| JFS 07526 | Administrative Termination Hearing Decision | 11/2008 |
This form is issued at the conclusion of the administrative hearing to notify the parties of the CSEA's decision and of their right to file an action for a court hearing if they disagree with the CSEA's decision.
This form replaces the JFS 07620.
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| JFS 07527 | Administrative Order to Terminate the Administrative Child Support Order | 11/2008 |
This form is issued to terminate the administrative child support order when neither party has objected to the JFS 07522 or, if one of them objected to the JFS 07522, then when neither party objected to the JFS 07526.
This form replaces the JFS 07514.
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INSTRUCTIONS:
When the CSPMTL is published, the child support program manual (CSPM) will be updated as follows:
- A rescinded rule will be moved from the CSPM to the OAC Archive section of eManuals.
- An adopted rule will be inserted in the CSPM section of eManuals.
- A rescinded form will be removed from the CSPM section of eManuals.
- An adopted form will be inserted in the CSPM section of eManuals.
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 that the CSEA must comply with:
| RULE | PARAGRAPH(s) |
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| 5101:12‑60‑50 | (D), (E), (F) |
| 5101:12‑60‑50.1 | (A), (B), (C), (D) |
| 5101:12‑60‑50.2 | (A), (B), (C) |