The Office of Child Support (OCS) has rescinded the following rules. The rules were 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| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
|---|
| 5101:12‑1‑15 | Support enforcement tracking system. | 6/15/2006 | 3/1/2012 |
| This rule describes the statewide automated data processing and information retrieval system known as the support enforcement tracking system. |
| 5101:12‑1‑20 | Information Handling: Scope and Definitions. | 6/15/2006 | 3/1/2012 |
| This rule describes the requirements for authorized access to, use, disclosure, and safeguarding of information contained in a person's case record. |
| 5101:12‑1‑20.1 | Use of Information. | 6/15/2006 | 3/1/2012 |
| This rule describes the requirements for the use, protection, and dissemination of information that is collected and maintained by an agency in the performance of support enforcement program functions. |
| 5101:12‑1‑20.2 | Safeguarding of Participant Information. | 6/15/2006 | 3/1/2012 |
| This rule describes procedures an agency is required to follow in order to safeguard confidential information from participants in the support enforcement program received from the internal revenue service (IRS), Ohio department of taxation (ODT), the state parent locator service (SPLS), federal parent locator service (FPLS), and Ohio department of job and family services, office of unemployment compensation (UC). The safeguarding requirements of this rule apply to all paper, electronic, or imaged records. |
| 5101:12‑20‑10 | Location for parental kidnapping, child custody, and visitation purposes. | 6/15/2006 | 3/1/2012 |
| This rule describes the use of the federal parent locator service (FPLS) to locate an individual for parental kidnapping, child custody, or visitation purposes. This rule also describes the procedures a child support enforcement agency (CSEA) shall follow upon receipt of a request to use FPLS for this purpose. |
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OCS has adopted the following rules:
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑1‑15 | Support enforcement tracking system. | 3/1/2012 |
This rule describes the statewide automated data processing and information retrieval system known as the support enforcement tracking system (SETS).
Changes from the rescinded rule include: responsibilities of an individual or entity with access to SETS, a more complete list of forms that must be completed by an individual or entity in order to obtain system access.
This rule is authorized by ORC sections 3125.08 and 3125.25; and amplifies sections 3125.07, 3125.08, 3125.38, 3125.39 Prior Effective Dates: 1/1/98, 10/1/98, 7/15/02.
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| 5101:12‑1‑20 | Confidentiality of information. | 3/1/2012 |
This rule describes the requirements for authorized access to, use, disclosure, and safeguarding of information contained in a person's case record.
Changes from the rescinded rule include: an expanded list of terms and definitions, how information requests from an individual or entity are made, and identified information that may be disclosed in order to carry out functions of the program.
This rule is authorized by ORC sections 3125.08, 3125.25, and 3125.51; and amplifies sections 3125.03, 3125.08, 3125.49, 3125.50.
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| 5101:12‑1‑20.1 | Requests for information contained in a person's case record. | 3/1/2012 |
This rule describes the requirements for the use, protection, and disclosure of information that is collected and maintained by an agency dependent upon collection source and disclosure purpose.
Changes from the rescinded rule include: differentiating between the sources of the information contained in SETS and its allowable uses to be in compliance with the updated federal regulations 45 CFR Parts 301, 302, 303, and 307.
This rule is authorized by ORC sections 3125.08, 3125.25, and 3125.51; and amplifies sections 3125.03, 3125.08, 3125.24, and 3125.50.
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| 5101:12‑1‑20.2 | Safeguarding of information from the internal revenue service and safeguarding visit procedures. | 3/1/2012 |
This rule describes the procedures an agency is required to follow in order to safeguard information received from the internal revenue service (IRS).
Changes from the rescinded rule include: the ability for agencies to conduct a self assessment, removal of safeguarding requirements for unemployment compensation requirements and the Ohio department of taxation.
This rule is authorized by ORC sections 3125.08, 3125.25, and 3125.51; and amplifies sections 3125.03, 3125.08, 3125.43, and 3125.50.
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| 5101:12‑1‑20.3 | Safeguarding of information from the unemployment compensation program and Ohio department of taxation. | 3/1/2012 |
This rule describes the procedures an agency is required to follow in order to safeguard information received from Unemployment Compensation (UC) and the Ohio department of taxation.
This rule replaces part of 5101:12‑1‑20.2.
This rule is authorized by ORC sections 3125.08, 3125.25, and 3125.51; and amplifies sections 3125.43, 3125.50, 4141.21, 4141.22, 4141.99, and 5747.18.
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| 5101:12‑20‑10 | Location for parental kidnapping, child custody, and visitation purposes. | 3/1/2012 |
This rule describes the use of the federal parent locator service (FPLS) to locate an individual for parental kidnapping, child custody, or visitation purposes. This rule also describes the procedures a child support enforcement agency (CSEA) shall follow upon receipt of a request to use FPLS for this purpose.
Changes to the rescinded rule include: language changes for clarification; update the site to 45 C.F.R. 301.15, effective October 1, 2010; and additions to restrictions on disclosure.
This rule is authorized by ORC section 3125.25; and amplifies sections 3125.03, 3125.06, 3125.24.
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OCS has amended the following rule:
| Amended Rule | Amended Rule Title | Prior Effective Date of Rule | Effective Date of Amendment |
|---|
| 5101:12‑20‑05.2 | State parent locator service. | 6/15/2006 | 3/1/2012 |
This rule describes the state parent locator service (SPLS) maintained by the Ohio department of job and family services.
The rule has been amended to update reference sites within the Administrative Code.
This rule is authorized by ORC section 3125.25; and amplifies section 3125.03.
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OCS has filed the following rules with no changes. 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. The effective date of the rules will remain the same as the existing rules pursuant to paragraph (E) of section 119.032 of the Revised Code:
| No Change Rule | Rule Title | Effective date of Rule |
|---|
| 5101:12‑20‑05 | Location of an individual for support enforcement program purposes. | 6/15/2006 |
This rule describes the requirements that shall be followed by a child support enforcement agency (CSEA) for the location of an individual for the purpose of providing support enforcement program services and the location sources that are available for this purpose.
This rule is authorized by ORC section 3125.25; and amplifies sections 3125.03, 3125.06, 3125.08.
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| 5101:12‑20‑05.3 | Federal parent locator service. | 6/15/2006 |
This rule describes the federal parent locator service (FPLS), a national location system operated by the federal office of child support enforcement to assist states in locating individuals for the purpose of providing support enforcement program services. FPLS is accessed through the support enforcement tracking system (SETS).
This rule is authorized by ORC section 3125.08, 3125.25; and amplifies sections 3125.03, 3125.08, 4141.22.
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OCS has adopted the following forms:
| Adopted Form | Adopted Form Title | Effective Date of Form |
|---|
| JFS 01709 | Confidentiality of Information Reference Guide | 11/2011 |
| This form is to be utilized as a reference guide to 5101:12‑1‑20 of the Administrative Code and its supplemental rules. |
| JFS 04001 | Request for Case Information | 11/2011 |
| This form is used when an individual or entity is requesting information contained in a person's case record. |
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.
- A no change rule will continue with the same effective date.
- 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.
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. The CSEA should give particular care when reviewing the rules as they contain new or modified requirements with which the CSEA must comply.