CSPMTL 86 (Five Year Rule Review)
Child Support Program Manual Transmittal Letter No. 86
January 3, 2014
TO: All Child Support Program Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Five Year Rule Review

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
5101:12‑10‑30Assignment of Support12/1/20081/15/2014
This rule describes when support is assigned to ODJFS due to the receipt of OWF, medical assistance, or Title IV-E foster care maintenance (FCM) benefits.
Changes from the prior rule include: updating the definition of "medical assistance" in accordance with section 5101.571 of the Revised Code and adding a definition for the term "assistance group".
This rule is authorized under ORC sections 3125.25 and 5101.591; and amplifies ORC sections 5101.571, 5101.59 and 5107.20.
5101:12‑80‑09Unreimbursed Assistance12/1/20081/15/2014
This rule describes when OWF or FCM benefits are included in the unreimbursed assistance (URA); provides definitions of terms used when calculating the URA; and states that the IV-D program may only recover the amount of URA that does not exceed the assigned support obligation.
Changes from the prior rule includes: clarification to the definition of the term "caretaker".
This rule is authorized under ORC section 3125.25; and amplifies ORC sections 3125.03 and 5107.20.

OCS has proposed no change to the following rule. The rule has 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 rules pursuant to paragraph (E) of section 119.032 of the Revised Code:

RuleRule TitleEffective Date
5101:12‑80‑25Unclaimed Funds11/15/2008
This rule describes the requirements of ORC section 3123.88 for OCS to report unclaimed funds from child support collections to the Ohio Department of Commerce. The statute and the rule do not require any action from the CSEA.
This rule is authorized under ORC section 3125.25; and amplifies ORC sections 169.03 and 3125.03.

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