CSPMTL 47 (Retention of Records and Reporting Requirements Rules)
Child Support Program Manual Transmittal Letter No. 47
June 18, 2010
TO: All Child Support Program Manual Holders
FROM: Douglas E. Lumpkin, Director
SUBJECT: Retention of Records and Reporting Requirements Rules

The Office of Child Support (OCS) has rescinded the following rules. The rules have been reviewed in accordance with Section 119.032 of the Ohio Revised Code, which requires the review of all state agency rules within a five-year period.

Rescinded RuleRescinded Rule TitlePrior Effective Date of RuleEffective Date of Rescission
5101:12‑1‑25Case record retention and destruction6/15/20067/1/2010
This rule describes the retention and destruction of case records. The rule contains similar provisions found in rule 5101:12‑10‑35. Therefore, the rule is being rescinded. It is being replaced by a new rule with the same rule number but a different title, in order to combine the provisions from this rule and the provisions from rule 5101:12‑10‑35.
5101:12‑10‑35Retention of fiscal and statistical administrative records01/01/20057/1/2010
This rule describes the retention and destruction of fiscal records that relate to the child support program. The rule contains similar provisions found in rule 5101:12‑1‑25. Therefore, the rule is being rescinded. It is being replaced by a new rule with a different number and title, in order to combine the provisions from this rule and the provisions from rule 5101:12‑1‑25.
5101:12‑10‑40.2JFS 04234 "Child Support Enforcement Annual FTE Report"02/01/20057/1/2010
This rule describes the requirement to submit the JFS 04234 to OCS. The rule is being rescinded and replaced by a new rule with a different rule number and title. The provisions in paragraph (A) were moved to the proposed new rule 5101:12‑1‑51. The provisions in paragraphs (B) and (C) are instructions for completing the JFS 04234. Therefore, paragraphs B and C have been removed as they are contained in the JFS 04234-I.
5101:12‑10‑40.3Penalty for failure to meet reporting requirements01/01/20067/1/2010
This rule describes the requirements for submitting the JFS 02750, JFS 02712 and the JFS 04234. It also describes the potential penalty for failure to submit these forms to OCS and the Office of Fiscal and Monitoring Services. The rule is being rescinded and replaced by a new rule with a different rule number and title. The provisions of paragraphs (A) and (B) are contained in rule 5101:9‑7‑02.1 of the Ohio Administrative Code (OAC), and the provisions of paragraph (C) are being moved to proposed new rule 5101:12‑1‑51 of the Administrative Code.
5101:12‑10‑85Consumer reporting agency inquiry01/01/20057/1/2010
This rule describes the process OCS used to follow when it received requests for information from a consumer reporting agency about an obligor. The rule is being rescinded and not being replaced because the Support Enforcement Tracking System (SETS) now transmits this information electronically, so no action on the part of the child support enforcement agencies is required.

OCS has adopted the following rules:

Adopted RuleAdopted Rule TitleEffective Date of Adopted Rule
5101:12‑1‑25Record retention, disposal and destruction of fiscal, statistical and administrative records7/1/2010
This rule describes the retention, disposal and destruction of all records that relate to the child support program. It replaces rescinded rules 5101:12‑1‑25 and 5101:12‑10‑35, is authorized by ORC section 3125.25, and amplifies ORC sections 9.01, 149.38, and 3125.25. This rule includes revised language for clarity and new language regarding when the retention period should begin.
5101:12‑1‑51Mandatory CSEA fiscal reports7/1/2010
This rule describes the requirements for submitting the JFS 04234 to OCS, and the JFS 02750 and JFS 02712 to the Office of Fiscal and Monitoring Services. This rule replaces rescinded rules 5101:12‑10‑40.2 and 5101:12‑10‑40.3, is authorized by ORC sections 3125.25, and amplifies ORC sections 3125.03 and 3125.25. Informational language that is repeated in the instructions of the JFS   04234-I has been deleted, and provisions from paragraph (B) of rescinded rule 5101:12‑10‑40.3 added. In addition, the rule has been renumbered as a principle rule and moved to Chapter 5101:12-1 of the Administrative Code.

OCS has revised the following form:

Revised FormRevised Form TitlePrior Effective Date of FormEffective Date of Revision
JFS 01947Notice Regarding Child Support Services8/20072/2010
A child support enforcement agency (CSEA) may use this form in a "Child-Only Medicaid-Only" (COMO) case to notify a custodial parent/caretaker of the CSEA's intent to proceed to terminate services. The form explains what action a custodial parent/caretaker must take now if the custodial parent/caretaker wants the CSEA to continue to provide services, and what action a custodial parent/caretaker must take in the future if a custodial parent/caretaker does not want services now but does want them in the future.
The previous version of the JFS 01947 could be used by a custodial parent/caretaker in a Child Only Medicaid Only (COMO) case to request the termination of services on his or her IV-D case.
Based on guidance issued by the Office of Child Support Enforcement in Action Transmittal 2008-08, a custodial parent/caretaker may not request termination of services in a COMO case. Therefore, OCS revised the JFS   01947 to remove that reason.
Changes from the prior form include: adding reference to the Ohio Administrative Code rule that requires the CSEA to pursue establishment of a support order; no longer distinguishing between Medicaid that began before 10/1/1996 and Medicaid that began on or after 10/1/1996 because the distinction is not needed; changing the number of days after the form is issued before the CSEA will initiate termination of services to 60 days, as this is the required time period when services must be terminated when the agency is unable to contact the custodial parent/caretaker; explaining whether the IV-D case will be closed (i.e., when there is not a support order or assigned arrears) or changed to a non-IV-D case (i.e., when there is a support order or assigned arrears).
This form has been posted to Forms Central and is available in Word fill-in.

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.
  • A revised form will be replaced with the amended form.

The rules and forms in the CSPM can be accessed at:

http://emanuals.jfs.ohio.gov.

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.

RULEPARAGRAPH(s)
5101:12‑1‑25(B) and (C)
5101:12‑1‑51(B) and (C)