The Office of Child Support (OCS) has proposed to rescind the following rules, which were reviewed as a result of the five-year review requirement in ORC section 119.032, which requires each rule to be reviewed every five years:
| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
|---|
| 5101:12‑10‑31.1 | OWF or IV-E assistance group: cooperation requirements. | 2/1/2005 | 12/1/2008 |
This rule describes the requirement for a caretaker who is a member of a child's Ohio Works First (OWF) or IV-E assistance group to cooperate with the Child Support Enforcement Agency (CSEA). This rule also describes the actions that define cooperation from a caretaker.
This rule is being rescinded because more than 50% of this rule has been stricken and a comparable amount of new text has been added. The information from this rule is contained in new rule 5101:12‑10‑31.
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| 5101:12‑10‑31.2 | Medicaid assistance group: automatic assignment and cooperation requirements. | 2/1/2005 | 12/1/2008 |
This rule describes the assignment of medical support when an individual is a recipient of Medicaid. This rule also describes the requirement for the caretaker to cooperate with the CSEA and the actions that define cooperation from a caretaker.
This rule is being rescinded because more than 50% of this rule has been stricken and a comparable amount of new text has been added. The information from this rule is contained in new rules 5101:12‑10‑30 and 5101:12‑10‑31.
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| 5101:12‑10‑80.1 | CRIS-E/SETS automated interface. | 2/1/2005 | 12/1/2008 |
This rule describes the automated interface between the Client Registry Information System- Enhanced (CRIS-E) and the Support Enforcement Tracking System (SETS) and makes reference to a CRIS-E referral.
The rule is being rescinded and not replaced as it is informational in nature and does not amplify or clarify the CSEA's responsibility under a federal or state statute or regulation.
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| 5101:12‑57‑20 | Medical support payment. | 1/1/2007 | 12/1/2008 |
This rule describes medical expense judgments and the obligation for a CSEA to enforce and collect such judgments.
This rule is being rescinded and not replaced as the information from this rule regarding the CSEA's obligation to enforce a support order, including a medical expense judgment, is already contained in Chapters 5101:12-50 and 5101:12-55 of the CSPM and the information from this rule regarding allocating a medical expense judgment is already contained in rule 5101:12‑80‑10.
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OCS has proposed to adopt the following rules:
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑10‑30 | Assignment of support. | 12/1/2008 |
This rule describes when support is assigned to ODJFS due to the receipt of OWF, medical assistance, or Title IV-E foster care maintenance (FCM) benefits.
Changes from rescinded rule 5101:12‑10‑31.2 include: added a paragraph of definitions; added information about the assignment of child support or spousal support when an obligee or a child receives OWF benefits; clarified information about the assignment of medical support when an obligee or child receives medical assistance benefits; and added information about assignment of child support when the IV-E agency is the obligee and the child receives FCM benefits.
This rule replaces rule 5101:12‑10‑31.2, which is being rescinded as a result of the five year review requirement; is authorized under ORC section 3125.25; and amplifies ORC sections 5101.59 and 5107.20.
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| 5101:12‑10‑31 | Requirement to cooperate with the child support enforcement agency. | 12/1/2008 |
This rule describes when an applicant or recipient of OWF, Medicaid, or FCM benefits must cooperate with the CSEA in establishing paternity or in establishing, modifying, or enforcing a support order.
Changes from rescinded rules 5101:12‑10‑31.1 and 5101:12‑10‑31.2 include: provided definitions of more terms used in the rule; clarified information about the requirement to cooperate with the CSEA for a caretaker who is a member of the OWF assistance group of a child who receives OWF benefits and a caretaker of a child who receives Medicaid benefits; added information about the cooperation between the CSEA and a Title IV-E agency that has custody of a child who receives FCM benefits; and added a paragraph regarding the CSEA notifying the County Department of Job and Family Services concerning cooperation.
This rule replaces rules 5101:12‑10‑31.1 and 5101:12‑10‑31.2, which are being rescinded as a result of the five year review requirement; is authorized under ORC sections 3125.25 and 5101.591; and amplifies ORC sections 5101.59 and 5107.22.
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| 5101:12‑80‑09 | Unreimbursed assistance. | 12/1/2008 |
This is a new rule that describes when OWF or FCM benefits are included in the unreimbursed assistance (URA); provides definitions of terms used when calculating the URA; and states that the IV-D program may only recover the amount of URA that does not exceed the assigned support obligation.
This rule is authorized under ORC section 3125.25 and amplifies ORC section 3125.03.
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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.
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 InnerWeb page at:
http://www.odjfs.state.oh.us/forms/inner.asp
or on the ODJFS Forms Central Internet page at:
http://www.odjfs.state.oh.us/forms/inter.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) |
|---|
| 5101:12‑10‑30 | (B), (C), (D), and (G) |
| 5101:12‑10‑31 | (B), (C), (D), (E), and (F) |
| 5101:12‑80‑09 | (C) and (D) |