The Office of Child Support (OCS) has rescinded the following rules.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| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
|---|
| 5101:12‑45‑05 | Support order establishment process. | 9/1/2005 | 4/1/2009 |
This rule describes when the parental duty of support is established and when a child support enforcement agency (CSEA) must establish an administrative child support order or file an action to establish a court child support order.
This rule is being proposed for rescission and replaced by a new rule with the same rule number but different title because more than 50% of this rule has been stricken and a comparable amount of new text has been added.
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| 5101:12‑45‑05.1 | Scheduling the administrative support hearing. | 09/01/2005 | 4/1/2009 |
This rule describes the process the CSEA must follow when scheduling an administrative child support hearing.
This rule is being rescinded and replaced by a new rule with the same rule number and title because more than fifty percent has been stricken.
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| 5101:12‑45‑05.2 | Conducting the administrative support hearing. | 09/01/2005 | 4/1/2009 |
This rule describes the process for conducting an administrative child support hearing.
This rule is being rescinded and replaced by a new rule with the same rule number and title because more than fifty percent has been stricken.
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| 5101:12‑45‑05.3 | Administrative support order. | 09/01/2005 | 4/1/2009 |
This rule describes when an administrative child support order may terminate, methods of registering the administrative child support order, and the timeframes for objecting to the administrative child support order.
This rule is being rescinded and replaced by a new rule with the same rule number and title because more than fifty percent has been stricken.
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| 5101:12‑45‑05.4 | Objecting to the administrative support order. | 9/1/2005 | 4/1/2009 |
This rule describes the process for requesting and establishing and administrative child support order.
The rule is being rescinded and not being replaced as the information regarding objecting to an administrative child support order has been incorporated into proposed rule 5101:12‑45‑05.3.
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OCS has adopted the following rules:
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑45‑05 | Support order establishment. | 4/1/2009 |
This rule describes the parental duty of support and when a CSEA must establish an administrative child support order or file an action to establish a court child support order.
Changes from the rescinded rule include: re-organized the rule to clarify the CSEA's responsibility for establishing an administrative child support order or filing a court action and the timelines for establishing a support order; removed unnecessary references to ORC sections; and replaced ORC citations with OAC citations. There are no changes to the existing process.
This rule replaces rule 5101:12‑45‑05; is authorized under ORC section 3125.25; and amplifies ORC sections 3103.03, 3103.031, 3111.03, 3111.13, 3111.24, 3111.25, 3111.49, 3111.78, 3111.821, 3111.95, 3119.61, 3125.03, 3125.36.
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| 5101:12‑45‑05.1 | Scheduling the administrative support hearing. | 4/1/2009 |
This rule describes the process the CSEA must follow when scheduling an administrative child support hearing.
Changes from the rescinded rule include: revised the language for clarity; removed unnecessary references to ORC sections; and replaced ORC citations with OAC citations. There are no changes to the existing process.
This rule replaces rule 5101:12‑45‑05.1; is authorized under ORC section 3125.25, and amplifies ORC sections 3111.80, 3125.03.
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| 5101:12‑45‑05.2 | Conducting the administrative support hearing. | 4/1/2009 |
This rule describes the process for conducting an administrative child support hearing, including the issuance of the JFS 07719, "Administrative Order for Child Support and Health Care", (Rev. 8/2008).
Changes from the rescinded rule include: revised the language and re-formatted the rule for clarity; removed unnecessary references to ORC sections; and replaced ORC citations with OAC citations. There are no changes to the existing process.
This rule replaces rule 5101:12‑45‑05.2; is authorized under ORC section 3125.25, and amplifies ORC sections 3111.03, 3111.82, 3111.821, 3111.95, 3125.03.
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| 5101:12‑45‑05.3 | Administrative support order. | 4/1/2009 |
This rule describes when the administrative child support order may terminate, methods of registering the administrative child support order, and the timeframes for objecting to the administrative child support order.
Changes from the rescinded rule include: revised the language and re-formatted the rule for clarity; removed unnecessary references to ORC sections; and replaced ORC citations with OAC citations. There are no changes to the existing process.
This rule replaces rule 5101:12‑45‑05.3 and rule 5101:12‑45‑05.4; is authorized under ORC section 3125.25, and amplifies ORC sections 2151.231, 3111.81, 3111.83, 3111.831, 3111.832, 3111.84, 3119.86, 3121.24, 3121.27, 3121.28, 3121.29, 3121.30, 3125.03.
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OCS has proposed no change to the following rule:
| Amended Rule | Amended Rule Title | Effective Date |
|---|
| 5101:12‑55‑20 | Liens against real and personal property | 6/15/2006 |
This rule describes the procedures that a CSEA shall use when the CSEA decides to assert a lien on real or personal property that is owned by an obligor who has been determined to be in default under a support order.
There are no changes to the existing process. This rule is authorized under ORC section 3125.25, and amplifies ORC sections 3123.66, 3123.67, 3123.70, 3123.73, 3123.74, 3123.77, 3123.78, 3125.03.
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OCS has proposed to adopt the following form:
| Revised Form | Revised Form Title | Effective Date of Form |
|---|
| JFS 07782-S | Notice of Administrative Hearing to Establish a Support Order | 6/2001 |
| The English version of the JFS-07782 was translated to Spanish for the purpose of accommodating individuals who are non-English speaking. |
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.
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.