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CSPMTL 60 (New Interstate Rules for Child Support)

Child Support Program Manual Transmittal Letter No. 60

October 21, 2011

TO: All Child Support Program Manual Holders

FROM: Michael B. Colbert, Director

SUBJECT: New Interstate Rules for Child Support

The federal office of child support has revised 45 CFR section 303.7, which governs the provision of services in interstate cases. The new regulations are effective January 03, 2011. As a result, the Office of Child Support (OCS) has rescinded the existing Ohio Administrative Code (OAC) interstate rules and replaced them with new OAC interstate rules to comply with the new federal regulations.

Rescinded Rule	Rescinded Rule Title	Prior Effective Date of Rule	Effective Date of Rule
5101:12‑70‑05	Scope of rule and definitions for interstate case processing	9/01/2005	11/01/2011
5101:12‑70‑05	This is the principle interstate rule, which provides definitions of interstate terms. This rule is being rescinded and replaced with the same rule number but different title.
5101:12‑70‑05.1	Requirements for initiating and responding CSEAs in interstate cases	8/01/2008	11/01/2011
5101:12‑70‑05.1	This rule describes the specific requirements that the child support enforcement agency (CSEA) must comply with when processing an interstate case as an initiating or responding agency. This rule is being rescinded and replaced with two new rules. The requirements for initiating CSEA is being moved to proposed rule 5101:12‑70‑05.3, and the requirements for responding CSEA is being moved to proposed rule 5101:12‑70‑05.4.
5101:12‑70‑05.2	Establishment of paternity in interstate cases	9/01/2005	11/01/2011
5101:12‑70‑05.2	This rule describes the process and the responsibilities of each CSEA as an initiating or responding agency when establishing paternity for an interstate case. This rule is being rescinded and replaced with a different rule number and title. This rule is being replaced with proposed rule 5101:12‑70‑05.5
5101:12‑70‑05.3	Establishment of support orders in interstate cases	9/01/2005	11/01/2011
5101:12‑70‑05.3	This rule describes the process and responsibilities of each CSEA as an initiating or responding agency when establishing a support order for an interstate case. This rule is being rescinded and replaced with a different rule number and title. This rule is being replaced with proposed rule 5101:12‑70‑05.6.
5101:12‑70‑05.4	Determining the controlling order	9/01/2005	11/01/2011
5101:12‑70‑05.4	This rule describes the process of determining the controlling order before the CSEA can proceed with any enforcement actions for an interstate case. This rule is being rescinded and replaced with a different rule number and title. This rule is being replaced with proposed rule 5101:12‑70‑05.7.
5101:12‑70‑05.5	Enforcement of support orders in interstate cases	9/01/2005	11/01/2011
5101:12‑70‑05.5	This rule describes the process and techniques available to a CSEA as an initiating or responding agency to enforce an interstate case. This rule is being rescinded and replaced with a different rule number and title. This rule is being replaced with proposed rule 5101:12‑70‑05.8.
5101:12‑70‑05.6	Modification of controlling orders in interstate cases	9/01/2005	11/01/2011
5101:12‑70‑05.6	This rule describes the responsibilities of each CSEA as an initiating or responding agency when modifying a controlling child support order in an interstate case. This rule is being rescinded and replaced with a different rule number and title. This rule is being replaced with proposed rule 5101:12‑70‑05.9.
5101:12‑70‑10	Forms for interstate case processing	9/01/2005	11/01/2011
5101:12‑70‑10	This rule lists the UIFSA mandated forms that a CSEA must use when processing an interstate case. This rule is being rescinded and replaced with a different rule number and title. This rule is being replaced with proposed rule 5101:12‑70‑05.11.
5101:12‑70‑15	The role and responsibilities of the interstate central registry (ICR)	9/01/2005	11/01/2011
5101:12‑70‑15	This rules describes the responsibilities of Ohio's Central Registry when processing an interstate case. This rule is being rescinded and replaced with a different rule number and title. This rule is being replaced by proposed rule 5101:12‑70‑05.2.
5101:12‑70‑20	The child support enforcement network	9/01/2005	11/01/2011
5101:12‑70‑20	This rules describes the responsibilities of each CSEA, and requires the use of the Child Support Enforcement Network (CSENet) when processing an interstate case. This rule is being rescinded and replaced with a different rule number and title. This rule is being replaced with proposed rule 5101:12‑70‑05.10.

OCS has adopted the following rules:

Adopted Rule	Adopted Rule Title	Effective Date of Adopted Rule
5101:12‑70‑05	Scope and definitions for intergovernmental cases	11/01/2011
5101:12‑70‑05	This is the principle rule, which provides definitions of intergovernmental terms. Changes from the rescinded rules include: change the title; add new definitions; replace the term "interstate" with "intergovernmental," which includes a combination of referrals between states, tribes, and countries; and revise other language for clarity. This rule replaces rescinded rules 5101:12‑70‑05, is authorized by ORC section 3125.25 and amplifies ORC sections 3115.01, 3125.03.
5101:12‑70‑05.1	CSEA general responsibilities	11/01/2011
5101:12‑70‑05.1	This is a new rule that describes the general responsibilities of the CSEA as an initiating or a responding agency. This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3125.03 and 3125.25.
5101:12‑70‑05.2	Responsibilities of Ohio interstate central registry	11/01/2011
5101:12‑70‑05.2	This rule describes the responsibilities of Ohio's Central Registry when processing an interstate case. Changes from the rescinded rule include: change the rule number and title, and move paragraphs (F) and (G) of rescinded rule 5101:12‑70‑05.5 to this rule as the provisions apply only to the Central Registry. This rule replaces rescinded rule 5101:12‑70‑15, is authorized by ORC section 3125.25 and amplifies ORC sections 3115.21, 3115.37, and 3125.03.
5101:12‑70‑05.3	Requirements for initiating CSEA in intergovernmental cases	11/01/2011
5101:12‑70‑05.3	This rule describes the specific responsibilities of an initiating CSEA. Changes from the rescinded rule include: move to this rule the provisions that apply only to the initiating CSEA from rescinded rule 5101:12‑70‑05.1, and add the new federal requirements. This rule replaces part of rescinded rule 5101:12‑70‑05.1, is authorized by ORC section 3125.25 and amplifies ORC sections 3115.15, 3115.16, and 3115.18.
5101:12‑70‑05.4	Requirements for responding CSEA in intergovernmental cases	11/01/2011
5101:12‑70‑05.4	This rule describes the specific responsibilities of an initiating CSEA. Changes from the rescinded rule include: move to this rule the provisions that apply only to the responding CSEA from rescinded rule 5101:12‑70‑05.1, and add the new federal requirements. This rule replaces part of rescinded rule 5101:12‑70‑05.1, is authorized by ORC section 3125.25 and amplifies ORC sections 3115.15, 3115.16, and 3115.18.
5101:12‑70‑05.5	Establishment of paternity in intergovernmental cases	11/01/2011
5101:12‑70‑05.5	This rule describes the process and the responsibilities of each CSEA as an initiating or responding agency when establishing paternity for an intergovernmental case. Changes from the rescinding rule include: minor language changes for clarity. This rule replaces rescinded rule 5101:12‑70‑05.2, is authorized by ORC section 3125.25 and amplifies ORC sections 3115.03, 3115.05, 3115.15, 3115.16, and 3125.03.
5101:12‑70‑05.6	Establishment of a child support order in intergovernmental cases	11/01/2011
5101:12‑70‑05.6	This rule describes the process and responsibility of each CSEA as an initiating or responding agency when establishing a support order for an intergovernmental IV-D case. Changes from the rescinding rule include: minor language changes for clarity. This rule replaces rescinded rule 5101:12‑70‑05.3, is authorized by ORC section 3125.25 and amplifies ORC sections 3115.03, 3115.05, 3115.15, 3115.16, and 3125.03
5101:12‑70‑05.7	Determination of the controlling order	11/01/2011
5101:12‑70‑05.7	This rule describes the process of determining the controlling order before the CSEA can proceed with any enforcement actions for an interstate case. Changes from the rescinding rule include: add new federal requirements; delete language that is informational; and rearrange the paragraphs. This rule replaces rescinded rule 5101:12‑70‑05.4, is authorized by ORC section 3125.25 and amplifies ORC sections 3115.07, 3115.08, 3115.09, 3115.10, and 3125.03.
5101:12‑70‑05.8	Enforcement of a child support order in intergovernmental cases	11/01/2011
5101:12‑70‑05.8	This rule describes the process and techniques available to a CSEA as an initiating or responding agency to enforce an intergovernmental case. Changes from the rescinding rule include: rearrange the paragraphs; and revise language for clarity. This rule replaces rescinded rule 5101:12‑70‑05.5, is authorized by ORC section 3125.25 and amplifies ORC sections 3115.08, 3115.15, 3115.16, 3115.18, 3115.39, 3115.40, and 3125.03.
5101:12‑70‑05.9	Modification of a controlling order in an intergovernmental case	11/01/2011
5101:12‑70‑05.9	This rule describes the responsibility of each CSEA as an initiating or responding agency when modifying a controlling child support order in an intergovernmental case. Changes from the rescinded rule include: revise language for clarity, and clarify which state or CSEA in Ohio is responsible for modifying the controlling order under certain circumstances. This rule replaces rescinded rule 5101:12‑70‑05.6, is authorized by ORC section 3125.25 and amplifies ORC sections 3115.08, 3115.15, 3115.16, 3115.46, 3115.47, 3115.48, 3115.49, 3115.50, 3115.51, and 3125.03
5101:12‑70‑05.10	The child support enforcement network	11/01/2011
5101:12‑70‑05.10	This rules describes the responsibilities of each CSEA, and requires the use of the Child Support Enforcement Network (CSENet) when processing an interstate case. Changes from the rescinding rule include: delete language that is informational and change the rule number. This rule replaces rescinded rule 5101:12‑70‑20, is authorized by ORC section 3125.25 and amplifies ORC sections 3115.28, 3125.03, 3125.07, and 3125.08.
5101:12‑70‑05.11	Forms for interstate case processing	11/01/2011
5101:12‑70‑05.11	This rule lists the UIFSA mandated forms that a CSEA must use when processing an interstate case. Changes from the rescinded rule include: delete language that is informational and change the rule number. This rule replaces rescinded rule 5101:12‑70‑10, is authorized by ORC section 3125.25 and amplifies ORC sections 3115.39, 3115.42, and 3125.03.

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.

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 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.

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