CSPMTL 91 (Administrative Responsibility Rules)
Child Support Program Manual Transmittal Letter No. 91
May 8, 2014
TO: All Child Support Program Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Administrative Responsibility Rules

The Office of Child Support (OCS) has proposed to rescind 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.

Rescinded RuleRescinded Rule TitlePrior Effective Date of RuleEffective Date of Rescission
5101:12‑10‑03Administrative responsibility09/01/20086/1/2014
This rule describes the criteria when a child support enforcement agency (CSEA) has administrative responsibility for a case. For clarification purposes, this rule is being rescinded and replaced by rules 5101:12‑10‑03 and 5101:12‑10‑04 of the Administrative Code. Provisions that relate to intrastate cases will be moved to new proposed rule 5101:12‑10‑03 of the Administrative Code, and provisions that relate to intergovernmental cases will be moved to new proposed rule 5101:12‑10‑04 of the Administrative Code.

OCS has proposed to adopt the following rules:

Adopted RuleAdopted Rule TitleEffective Date of Adopted Rule
5101:12‑10‑03Administrative responsibility6/1/2014
This rule describes the criteria when a CSEA has administrative responsibility for intrastate cases. The provisions that relate to intrastate cases from rescinded rule 5101:12‑10‑03 have been moved to this new rule. Changes from the rescinded rule include: moved paragraph (F) from the rescinded rule to paragraph (B), and added language to this paragraph clarifying what the CSEAs must do when the administrative responsibility is disputed. There are no other changes to the provisions.
This rule replaces part of rule 5101:12‑10‑03, which is being rescinded; is authorized under ORC section 3125.25; and amplifies ORC section 3125.03.
5101:12‑10‑04Administrative responsibility for an intergovernmental case6/1/2014
This is a new rule that describes the criteria when a CSEA has administrative responsibility for intergovernmental cases. The provisions that relate to intergovernmental cases from rescinded rule 5101:12‑10‑03 have been moved to this rule. Changes from the rescinded rule include: added paragraph (B) to clarify what the CSEA must do when the administrative responsibility is disputed; and added paragraph (E) to clarify what the CSEA must do when the parties reside in Ohio and it receives a request for services or a Uniform Interstate Family Support Act (UIFSA) petition from another state to enforce a non-Ohio support order. There are no other changes to the provisions.
This rule replaces part of rule 5101:12‑10‑03, which is being rescinded; is authorized under ORC section 3125.25; and amplifies ORC section 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 in the CSPM.

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

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