CSPMTL 76 (Five Year Rule Review - Miscellaneous Rules)
Child Support Program Manual Transmittal Letter No. 76
June 24, 2013
TO: All Child Support Program Manual Holders
FROM: Michael B. Colbert, Director
SUBJECT: Five Year Rule Review - Miscellaneous Rules

The Office of Child Support (OCS) has amended 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:

Amended RuleAmended Rule TitlePrior Effective Date of RuleEffective Date of Amendment
5101:12‑20‑05.1Location Tools1/1/20087/1/2013
This rule defines the location tools utilized by the child support enforcement agency (CSEA).
Changes from the existing rule include the addition of a reference to a rule of the Administrative code for the federal form OMB-0970-0085, "Locate data sheet."
This rule is authorized by ORC section 3125.25 and amplifies ORC section 3125.03.
5101:12‑10‑32Good Cause Waiver of Cooperation1/1/20087/1/2013
This rule describes the good cause waiver process by which the child support enforcement agency (CSEA) follows when making the determination that cooperation from the caretaker is not in the best interest of the child or would make it more difficult for the caretaker or child to escape domestic violence.
Changes to the rule include: clarification of the acronym PCSA and updating the revision date of the JFS 07092, "Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)"(rev. 3/2009).
This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3125.03, 5101.59, 5107.02, and 5107.22.

OCS has proposed no changes to the rules listed below. These 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 this rule will remain the same as the existing rule pursuant to paragraph (E) of section 119.032 of the Revised Code.

RuleRule TitleEffective Date of Rule
5101:12‑50‑10.1Income That May Be Withheld or Deducted1/1/2008
This rule defines the sources of income that are subject to withholding or deduction by the child support enforcement agency (CSEA).
This rule is authorized by ORC section 3125.25 and amplifies ORC section 3121.03.
5101:12‑50‑15Cash Bonds1/1/2008
When a child support enforcement agency (CSEA) determines that no income withholding or income deduction notice is appropriate, it may request that the court issue an order requiring the obligor to enter into a cash bond.
This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3121.03 and 3121.04.
5101:12‑50‑17Seek Work Orders1/1/2008
The child support enforcement agency (CSEA) may request that the court issue an order requiring an obligor under a court support order to seek employment or engage in work activities under the Ohio workers first (OWF) program when the CSEA determines that the obligor is unemployed, has no income, and does not have an account at any financial institution.
This rule is authorized by ORC section 3125.25 and amplifies 3123.03 and 5107.14.
5101:12‑10‑20Family Violence Indicator5/15/2008
This rule describes the family violence indicator (FVI). The FVI reflects that there is reasonable evidence that a case participant is subject to family violence or there is reason to believe that the release of information regarding a case participant may result in family violence.
This rule is authorized by ORC section 3125.25 and amplifies 3113.31.
5101:12‑10‑20.1Request for Override of Family Violence Indicator Restriction5/15/2008
When a person listed in the federal case registry (FCR) has a family violence indicator (FVI), the child support enforcement agency (CSEA) shall ensure that no information about a case participant will be released in response to a locate request, an FCR query, or as part of the proactive matching functionality. Courts have the ability to order a one-time override of the FVI if certain requirements are met. This rule defines the override process.
This rule is authorized by ORC section 3125.25 and amplifies 3113.31.

INSTRUCTIONS:

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

  • An amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.
  • A no change rule will continue with the same effective date.

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 amended rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook.