| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
|---|
| 5101:1‑29‑04 | Performance measurements. | 01/01/1998 | 06/15/2006 |
| | Note: Information regarding performance incentives has been incorporated into rules 5101:12‑1‑54 and 5101:12‑1‑54.1 of the Administrative Code. The information concerning the self-assessment is not being replaced because the assessment is now conducted by OCS.
|
| 5101:1‑29‑05 | Title IV-D case record requirements, Title IV-D and non IV-D case characteristics and spousal support as part of IV-D case. | 02/22/2002 | 06/15/2006 |
| | Note: Information from paragraph (A)(1) will be contained in rule 5101:12‑1‑10.1; (A)(3) will be in 5101:12‑10‑01.1; paragraphs (A)(2) and (A)(4) have been deleted as they only pertain to the OCSE 157 report; the definitions from paragraph (B) will be in 5101:12‑1‑10, 5101:12‑10‑01, 5101:12‑10‑01.1, and 5101:12‑10‑70; (B)(5)(c) is a requirement for the court and not the CSEA so has been removed; (C) and (E) will be contained in 5101:12‑10‑05; (D) has been removed as it is addressed in 5101:12‑10‑30.1; (F) has been removed as the CSEA only has a responsibility to enforce spousal support orders; (G) has been removed as SETS tracks spousal support arrears separately from child support arrears in OWF cases; (H) and (I) will be addressed in rules 5101:12‑80‑10, 5101:12‑80‑10.1, 5101:12‑80‑14, and 5101:12‑80‑14.1; (J) will be in rules 5101:12‑1‑54.1 and 5101:12‑1‑50.
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| 5101:1‑29‑06 | Child support enforcement agency services to non-IV-D cases. | 07/01/2002 | 06/15/2006 |
| | Note: Information from paragraph (A) will be contained in 5101:12‑1‑10; (B) will be contained in 5101:12‑1‑10.1; (C) will be found in 5101:12‑1‑50 and 5101:12‑10‑01.1.
|
| 5101:1‑29‑07.1 | Child support information: Confidentiality. | 04/18/03 | 06/15/2006 |
| | Note: This rule is being rescinded and the information has been incorporated into rules 5101:12‑1‑20, 5101:12‑1‑20.1, and 5101:12‑1‑20.2 of the Administrative Code
|
| 5101:1‑29‑07.2 | Security requirements for child support information: private contractors. | 07/01/2002 | 06/15/2006 |
| | Note: This rule has been incorporated into rules 5101:12‑1‑20 to 5101:12‑1‑20.2 of the Administrative Code.
|
| 5101:1‑29‑11 | Case closure and record retention. | 02/22/2002 | 06/15/2006 |
| | Note: Paragraph (C) has been deleted as the CSEA has a responsibility to enforce any arrears in cases for which it has administrative responsibility; (G) will be contained in 5101:12‑1‑25; information from all other paragraphs in this rule will be contained in 5101:12‑10‑70.
|
| 5101:1‑29‑13 | Availability of child support services. | 04/18/2003 | 06/15/2006 |
| | Note: Information contained in paragraph (A) will be in 5101:12‑10‑01 and 5101:12‑10‑01.1; (B) is contained in IV-A and IV-E rules and 5101:12‑10‑31.1 and 5101:12‑10‑31.2 and will be in 5101:12‑10‑01, 5101:12‑10‑01.1, 5101:12‑10‑02, and 5101:12‑10‑72; information in (C)(1), (C)(2), (C)(3), (C)(5), (C)(6), and (C)(7) will be included in 5101:12‑10‑01, 5101:12‑10‑01.1, and 5101:12‑10‑02; (C)(4) was removed as location-only services are available whether or not there is a support order (location-only services are described in 5101:12‑20‑05); (D) will be in 5101:12‑10‑02.
|
| 5101:1‑29‑18 | Collection of child support payments in foster care maintenance (Title IV-E) cases. | 07/01/2002 | 06/15/2006 |
| | Note: This rule is not being replaced as the information contained in the rule can be found in the following OAC rules: 5101:12‑1‑10.1, 5101:12‑10‑01, 5101:12‑10‑01.1, 5101:12‑10‑02, 5101:12‑10‑72, 5101:12‑80‑10, and 5101;12-80-15.
|
| 5101:1‑29‑31 | Distribution and disbursement of child support. | 09/20/2001 | 06/15/2006 |
| | Note: This rule has been replaced with OAC rules 5101:12‑80‑14 and 5101:12‑80‑14.1.
|
| 5101:1‑30‑01 | Location for official child support business. | 06/02/2001 | 06/15/2006 |
| | Note: This rule is being rescinded and the information will be contained in proposed rules 5101:12‑20‑05 to 5101:12‑20‑05.3 of the Administrative Code.
|
| 5101:1‑30‑04 | Location efforts regarding parental kidnapping, child custody and visitation determination. | 06/02/2001 | 06/15/2006 |
| | Note: This rule is being rescinded and the information will be contained in proposed rule 5101:12‑20‑10 of the Administrative Code.
|
| 5101:1‑31‑14 | Allocation hierarchy for collections. | 09/01/2003 | 06/15/2006 |
| | Note: This rule has been replaced with OAC rules 5101:12‑80‑10 and 5101:12‑80‑10.1.
|
| 5101:1‑31‑30 | Performance incentives for the Ohio child support enforcement program. | 11/10/2005 | 06/15/2006 |
| | Note: This rule is being replaced with OAC rules 5101:12‑1‑54 and 5101:12‑1‑54.1. Significant changes have been added to the replacement rules, as recommended by the Executive Leadership Committee (ELC).
|
| 5101:1‑31‑31 | Child support enforcement agency (CSEA) sanctions. | 08/26/2002 | 06/15/2006 |
| | Note: Pertinent information contained in this rule will be found in 510:12-1-01(E); the rest of the information is found at ORC section 5101.24.
|
| 5101:1‑31‑70 | Child support funding. | 07/01/2002 | 06/15/2006 |
| | Note: Information from this rule will be found in rule 5101:12‑1‑50.
|
| 5101:1‑31‑80 | Support enforcement tracking system (SETS). | 07/15/2002 | 06/15/2006 |
| | Note: Information from this rule will now be found in rule 5101:12‑1‑15.
|
| 5101:1‑31‑90 | Title IV-D child support program. | 04/13/2003 | 06/15/2006 |
| | Note: Information from paragraphs (A), (C), (D), (E), (H), (I), and (J) will be found in rule 5101:12‑1‑01; (B) will be in 5101:12‑10‑01 and 5101:12‑10‑01.1; (F) will be in 5101:12‑10‑01.1; (G) is in proposed rules 5101:12‑30‑50 to 5101:12‑30‑50.7.
|
| 5101:12‑10‑25.4 | Safeguarding of participant information. | 01/01/2006 | 06/15/2006 |
| | Note: This rule is being rescinded and the information will be contained in proposed rule 5101:12‑1‑20.2.
|
| 5101:12:40-10.4 | Monthly administration of support orders. | 02/01/2005 | 06/15/2006 |
| | Note: The rule has been moved to Chapter 5101:12-45, the support establishment chapter. The rule has been renumbered as 5101:12‑45‑25 and maintained the same title. Changed, "Pursuant to" to "In accordance with" in paragraphs (A), (B), and (C) as the information in these paragraphs are not exact quotes of the specified ORC sections.
|
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑1‑01 | The support enforcement program. | 06/15/2006 |
| | Note: This rule provides an introduction to the federal and Ohio statutes which govern the creation and performance of the child support enforcement program and CSEAs in Ohio; it lists support enforcement program services that shall be provided to both IV-D and Non-IV-D cases for which a CSEA has administrative responsibility; it establishes the supervisory responsibility of the OCS; it introduces the program compliance process which is a new process that resulted from discussions with ELC. New to the rule is the requirement for CSEAs to submit revisions to the procedural handbook to OCS within 30 days of a revision that is based on a program change and submit the table of organization annually or within thirty days of a significant change; no other substantive changes in CSEA procedures have been made.
|
| 5101:12‑1‑10 | Support enforcement program services. | 06/15/2006 |
| | Note: This rule provides definitions of a "case" and of a "IV-D" and "Non-IV-D" case; it also provides both the federal and state definitions of a "support order;" it lists the support enforcement program services and clarifies the CSEA's responsibility to provide support enforcement program services to both IV-D and Non-IV-D cases; no substantive changes have been made.
|
| 5101:12‑1‑10.1 | IV-D services. | 06/15/2006 |
| | Note: This rule provides a list of services restricted to IV-D cases; the list has been updated as a result of analysis of state laws and federal rules (specifically, Non-IV-D cases may be submitted to SPLS and FPLS; ODT offsets are not limited to IV-D cases); no other substantive changes in CSEA procedures have been made.
|
| 5101:12‑1‑15 | Support enforcement tracking system. | 06/15/2006 |
| | Note: New to this rule is paragraph (C), which is required by ORC section 3125.08, that states that ODJFS may deny access to SETS when an individual has been found to have unauthorized access to, or to have improperly disclosed or used, data in SETS (note: this provision will not be applied retroactive to the effective date of this rule); no other substantive changes in CSEA procedures have been made.
|
| 5101:12‑1‑20 | Information handling: scope and definitions. | 06/15/2006 |
| | Note: This rule is an introductory rule that contains definitions of terms used throughout the supplemental rules and defines the scope of these rules.
|
| 5101:12‑1‑20.1 | Use of information. | 06/15/2006 |
| | Note: This rule describes how information collected and maintained in the performance of support enforcement program functions shall be used, protected, and disseminated by a CSEA. Paragraph (K) clarifies the responsibility of an agency's employee with respect to a case with which the employee has an association (note: this paragraph was modified as a result of Clearance Comments). This provision is not intended to be retroactive and will become effective with the rule.
|
| 5101:12‑1‑20.2 | Safeguarding of participant information. | 06/15/2006 |
| | Note: This rule has been renumbered (it had been 5101:12‑10‑25.4). It is identical to 5101:12‑10‑25.4 except it includes references to the safeguarding of information obtained from the state parent locator service.
|
| 5101:12‑1‑25 | Case record retention and destruction. | 06/15/2006 |
| | Note: This rule incorporates information regarding record retention when the case is involved in an audit, litigation, or other action; no other substantive changes in CSEA procedures have been made.
|
| 5101:12‑1‑50 | Program funding. | 06/15/2006 |
| | Note: This rule incorporates information found in 5101:1‑29‑05, 5101:1‑29‑06, and 5101:1‑31‑70; no substantive changes in CSEA procedures have been made.
|
| 5101:12‑1‑54 | Performance incentives for the Ohio child support enforcement program. | 06/15/2006 |
| | Note: This rule describes the process by which OCS receives performance incentives from the federal Office of Child Support Enforcement. There are no differences between the new rule and the rescinded rule regarding how the federal Office of Child Support Enforcement calculates incentives for the state child support agencies.
|
| 5101:12‑1‑54.1 | Performance incentives to child support enforcement agencies. | 06/15/2006 |
| | Note: This rule describes the process by which OCS distributes performance incentives to CSEAs. It also describes what a CSEA must do when it does not perform at an 80% achievement level and its performance level declines from the immediately preceding performance year. Changes include: a reduction in the amount of incentives held back from underperforming CSEAs and emphasized work plan requirements for targeted performance improvement.
|
| 5101:12‑10‑01 | Request for services. | 06/15/2006 |
| | Note : This rule specifies when a CSEA shall provide support enforcement program services and when it shall also provide IV-D services.
|
| 5101:12‑10‑01.1 | IV-D application and IV-D referral. | 06/15/2006 |
| | Note: Paragraph (A)(5) details when a new IV-D application is required following termination of IV-D services; the final paragraph in (B) provides information from federal PIQ-05-02; paragraph (C) describes the requirement for the CSEA to approve a IV-D application or IV-D referral as long as it does not meet a denial criteria; the denial criteria have been expanded; added parenthetical notes to (D)(2) and (D)(6); clarified information in (D)(5); added (D)(8) to address situations in which the CSEA receives a IV-D referral or IV-D application and a IV-D case already exists; no other substantive changes in CSEA procedures have been made.
|
| 5101:12‑10‑02 | Case intake. | 06/15/2006 |
| | Note: This rule clarifies that Non-IV-D cases must be processed in accordance with the case intake rule and that the CSEA is not required to conduct an interview; no other substantive changes in CSEA procedures have been made.
|
| 5101:12‑10‑05 | Case records. | 06/15/2006 |
| | Note: This rule states that a summary notation can be added to the electronic record either by the worker or SETS; added specific demographic data regarding the non-custodial parent or alleged father which is the basis for automated location efforts as described in paragraph (D)(4) of proposed rule 5101:12‑10‑70; no substantive changes in CSEA procedures have been made.
|
| 5101:12‑10‑70 | Termination of services. | 06/15/2006 |
| | Note: This rule distinguishes between the termination of IV-D services and the termination of support enforcement program services; the termination of support enforcement program services always result in case closure; identifies that a CSEA is responsible for providing support enforcement program services when IV-D services are terminated but the CSEA has a duty to provide support enforcement program services pursuant to ORC section 3125.11; clarifies that the case record must contain verification that the case met one of the termination criteria; specifies whether each termination criteria applies to a PA, NPA, or Non-IV-D case; clarifies whether use of each termination criteria would result in the creation of a Non-IV-D case or case closure; clarifies that the CSEA could terminate services when there is no continuing duty of support pursuant to ORC section 3103.03 and there is no support order, the order has terminated and arrears are less than $500, or the order has terminated and the arrears are unenforceable under state law depending on the type of case; adds additional termination criteria in paragraphs (D)(13) and (D)(14) to serve existing business needs; clarifies that the CSEA is required to make reasonable efforts to establish paternity or a support order prior to terminating services, when appropriate.
|
| 5101:12‑10‑72 | Continuation of services. | 06/15/2006 |
| | Note: This rule, when coupled with paragraphs (D)(1)(a) and (D)(8) of rule 5101:12‑10‑70, clarifies when the CSEA may terminate IV-D services upon the termination of OWF, Medicaid, or IV-E benefits; no substantive changes in CSEA procedures have been made.
|
| 5101:12‑20‑05 | Location of an individual for support enforcement program purposes. | 06/15/2006 |
| | Note: This rule is an introductory rule that explains the purpose and scope of the location rules.
|
| 5101:12‑20‑05.1 | Location tools. | 06/15/2006 |
| | Note: This rule describes resources that a CSEA should access in order to locate an individual and the forms which may be used to obtain the information. This rule also contains some additional material regarding obligors in the military, CSENet transactions, and interstate forms.
|
| 5101:12‑20‑05.2 | State parent locator service. | 06/15/2006 |
| | Note: This rule describes the automated location sources that are accessed through the state parent locator service (SPLS).
|
| 5101:12‑20‑05.3 | Federal parent locator service. | 06/15/2006 |
| | Note: This rule describes the automated location sources that are accessed through the federal parent locator service (FPLS).
|
| 5101:12‑20‑10 | Location for parental kidnapping, child custody, and visitation purposes. | 06/15/2006 |
| | Note: New to the rule are definitions of terms used within the rule. There are substantive changes in CSEA procedures.
|
| 5101:12‑45‑25 | Monthly administration of support orders. | 06/15/2006 |
| | Note: This rule replaces rule 5101:12‑40‑10.4. No other changes were made to the rule other than to change the rule number.
|
| 5101:12‑80‑10 | Allocation hierarchy for collections. | 06/15/2006 |
| | Note: The rule describes the predetermined hierarchy of obligations to which a standard collection must allocate.
|
| 5101:12‑80‑10.1 | Federal income tax refund offset allocation hierarchy. | 06/15/2006 |
| | Note: The rule describes the predetermined hierarchy of obligations to which a collection received from an IRS offset must allocate.
|
| 5101:12‑80‑10.2 | Prorating collections. | 06/15/2006 |
| | Note: This is a newly created rule that describes how to prorate standard collections and IRS offset collections when the obligor has more than one support order and no instructions were included with the collection.
|
| 5101:12‑80‑14 | Assigned support collections. | 06/15/2006 |
| | Note: The rule defines terms that are used in this rule and its supplemental rule and describes the effects of the assignment on current support obligations, arrears, and futures.
|
| 5101:12‑80‑14.1 | Distribution of assigned support. | 06/15/2006 |
| | Note: This rule describes how assigned support collections are distributed to current support, arrears, and futures when the case is currently receiving Ohio Works First (OWF) or Title IV-E foster care benefits and when the case is no longer receiving OWF or Title IV-E foster care benefits but arrears are assigned.
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Forms will be updated in the Forms section of the CSPM on the ODJFS InnerWeb at: http://emanuals.jfs.ohio.gov/ as follows: