CSPMTL 56 (Revisions of Case Records and Allocation Hierarchy for Support Collections Rules)
Child Support Program Manual Transmittal Letter No. 56
April 13, 2011
TO: All Child Support Program Manual Holders
FROM: Michael B. Colbert, Director
SUBJECT: Revisions of Case Records and Allocation Hierarchy for Support Collections Rules

The Office of Child Support (OCS) has proposed to revise the following rules:

Revised RuleRevised Rule TitlePrior Effective Date of RuleEffective Date of Revision
5101:12‑10‑05Case records6/15/20065/01/2011
This rule describes the requirement to maintain records for each child support case, and the type of records to be maintained. The rule is being 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.
The rule is being revised to clarify that the child support enforcement agency (CSEA) may destroy non-essential case records when a case has been closed, support enforcement program services have been terminated, and the records retention period has expired with a balance remaining on the case. The rule also clarifies that certain case records must be maintained should the CSEA need to reopen the case in accordance with rule 5101:12‑10‑70 in order to collect the remaining balance. Finally, the rule provides a non-exclusive list of the records that the CSEA must maintain.
This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3125.07 and 3125.11.
5101:12‑80‑10Allocation hierarchy for support collections10/01/20095/01/2011
The rule provides definitions and describes the standardized allocation hierarchy for support collections. This rule is being revised to clarify existing policy.
Changes to this rule include: Paragraph (C)(9) has been modified to ensure that when all balances have been satisfied on a case and the current obligation has been terminated or the current obligation is zero, that the collections are returned to the obligor.
This rule is authorized by ORC sections 3119.51, 3121.71, 3125.25, and amplifies ORC sections 3119.27, 3119.30, 3121.07, 3121.43, 3121.51, 3121.56, 3121.58, 3123.821, 3125.03, 3125.05, 5101.59, and 5107.20.
     

INSTRUCTIONS:

When the CSPMTL is published, the CSPM will be updated as follows:

  • An amended rule will be inserted in the CSPM, 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.

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 rule contained in this CSPMTL to determine whether it requires the CSEA to update its internal procedural handbook. The CSEA should give particular care when reviewing the following rule as it contains new or modified requirements with which the CSEA must comply.

RULEPARAGRAPH(s)
5101:12‑10‑05(C) and (D)
5101:12‑80‑10(C)