In Action Transmittal 2008-08, the federal Office of Child Support Enforcement (OCSE) noted that when the child in a child support case receives Medicaid but the custodial parent/caretaker does not receive Medicaid, "[b]ecause there is an assignment of the child's rights to medical support as a condition of the child's receipt of Medicaid, a IV-D agency may not close the case at the request of the custodial parent or caretaker in such cases." Based on this guidance, the Office of Child Support (OCS) made the following changes to Ohio Administrative Code (OAC) rules.
OCS amended the following rule:
| Amended Rule | Amended Rule Title | Prior Effective Date of Rule | Effective Date of Amendment |
|---|
| 5101:12‑10‑31 | Requirement to cooperate with the child support enforcement agency. | 12/1/2008 | 12/15/2009 |
This rule describes the requirements for an applicant/recipient of Ohio Works First (OWF), applicant/recipient of Medicaid, and the Title IV-E agency that has custody of a child receiving Title IV-E Foster Care Maintenance benefits, to cooperate with the child support enforcement agency (CSEA) to establish paternity and establish, modify, and enforce a child support order.
Changes from the prior rule include: removing the sentence "Cooperation with the CSEA is a condition of eligibility for the OWF and Medicaid programs" in paragraph (A) because cooperation exemptions are described in paragraphs (C) and (D) and because paragraph (F) identifies the actions the CSEA shall take when the caretaker/custodial parent does not cooperate; updating an incorporation by reference; correcting an incorporation by reference date; and clarifying cooperation exceptions for a custodial parent/caretaker of a child who receives Medicaid benefits when the custodial parent/caretaker does not receive Medicaid benefits.
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OCS rescinded the following rule:
| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
|---|
| 5101:12‑10‑70 | Termination of services. | 5/15/2008 | 12/15/2009 |
This rule describes the termination of services criteria and the process a child support enforcement agency uses to determine when to propose: terminating IV-D services in a case but continuing to provide non-IV-D services or terminating all services and closing the case.
This rule is rescinded and replaced by a new rule with the same rule number and title because more than 50 percent of the text in this rule was stricken and a comparable amount of new text was added.
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OCS adopted the following rule:
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑10‑70 | Termination of services. | 12/15/2009 |
This rule describes the termination of services criteria and the process a child support enforcement agency uses to determine when to propose terminating IV-D services in a case but continuing to provide non-IV-D services, or terminating all services and closing the case.
Changes from the prior rule include: revising definitions for "non-public assistance case" and "public assistance case" to reference rule 5101:12‑10‑31; using the term "caretaker" to apply to a custodial parent, caretaker, or caretaker agency because this is how the term is used in OAC Rule 5101:12‑10‑31; changing the term "will" to "shall" for consistency with other rules in Chapter 5101:12; revising paragraph (D)(1) because the "duty of support" only pertains to paragraph (D)(1)(b); revising paragraph (D)(3)(e) because a caretaker (i.e., non-parent that has physical custody of the child) should be interviewed in this circumstance; adding "or a Title IV-E, non-FCM case" to paragraph (D)(7) to include locate-only requests received from protective children services agencies in accordance with 45 CFR 302.35; revising paragraph (D)(8) to remove a custodial parent/caretaker in a "child-only/Medicaid-only" case as a recipient eligible to request termination of services and to add an initiating state in an interstate case as a recipient eligible to request case closure; and revising paragraphs (D)(9) and (D)(11) to allow for case closure under these circumstances regardless of support order status or arrears status.
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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 the eManuals.
- An adopted rule will be inserted in the CSPM section of the eManuals.
- An amended rule will be inserted in the CSPM section of the eManuals and the previous version will be moved to the OAC archive section of the 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 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 30 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) |
|---|
| 5101:12‑10‑31 | (D)(1) |
| 5101:12‑10‑70 | (D)(1), (D)(3), (D)(7), (D)(8), (D)(9), (D)(11), (D)(12) |