(A)In accordance with 42 U.S.C. 654a, as in effect January 5, 2009, and section 3125.07 of the Revised Code, the Ohio department of job and family services (ODJFS) has established and shall maintain a single statewide automated data processing and information retrieval system known as the support enforcement tracking system (SETS).

(1)This rule describes the general requirement for the child support enforcement agency (CSEA) to interact with SETS and the responsibilities of a user of SETS. The process for an individual or entity to gain access to SETS and authorized use or disclosure of the information contained in SETS is described in rules 5101:12-1-20 to 5101:12-1-20.2 and 5101:12-1-22 of the Administrative Code.

(2)For the purposes of this rule use of the term "access to SETS" incorporates any SETS user profile level that grants access to data contained in any SETS database, including those profiles that only have access to the general data screens (GDS).

(B)ODJFS may deny access to SETS when an individual has been found to have unauthorized access to, or improperly used or disclosed the information contained in SETS.

(C)The office of child support (OCS) will perform the following functions with regard to access to the information contained in SETS:

(1)Review requests for access to the information contained in SETS;

(2)Determine whether requests for access will be granted; and

(3)Monitor the access to and use of the information contained in SETS to prevent and promptly identify unauthorized access to or improper use of the information contained in SETS.

(D)The CSEA shall interact with the functions of SETS according to applicable rules of the Administrative Code, Ohio law, federal law and regulations, and any written instructions provided by ODJFS. Interaction shall include, but not be limited to, the CSEA providing information or performing an activity that enables a particular SETS function to operate at its full capacity. When the CSEA is directed to perform an act under a mandate contained in an Administrative Code rule, Ohio law, federal law or regulation, or other written instructions provided by ODJFS, the act shall be considered executed when the CSEA has performed the required actions within SETS.

(E)In accordance with sections 3125.38 and 3125.39 of the Revised Code, SETS shall provide the data necessary for the performance measurements outlined in rules 5101:12-1-54 to 5101:12-1-54.2 of the Administrative Code.

(F)An individual or entity may make a request to ODJFS for SETS access. When requesting SETS access, persons will comply with requirements in rule 5101:9-9-26 of the Administrative Code and the following forms shall be completed and returned to ODJFS by the following individuals:

(1)The JFS 07078, "Code of Responsibility" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) shall be completed by the employee of a CSEA, ODJFS, county department of job and family services (CDJFS), public children services agency (PCSA), county agency, contractor, or a sub-contractor requesting access to SETS.

(2)The JFS 07014, "Tax Information Safeguarding Authorization Agreement" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) shall be completed by the employee of a CSEA or ODJFS, contractor, or a sub-contractor, when the employee, contractor, or sub-contractor has access to federal tax information (FTI), as defined in rule 5101:12-1-22 of the Administrative Code and its supplemental rules.

The JFS 07014 must be received by OCS no later than the last day of January after an individual's initial employment or re-employment. On an annual basis thereafter, the employee of a CSEA, ODJFS, contractor, or sub-contractor shall complete and submit to OCS a new JFS 07014 no later than the last day of March.

(3)Each CSEA shall submit a JFS 07072, "Safeguarding of Internal Revenue Service (IRS), Ohio Department Of Taxation (ODT), Federal Parent Locator Service (FPLS), and Unemployment Compensation (UC) Information" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) to the deputy director of OCS within ODJFS no later than the last day of March each year. The JFS 07072 must be signed and dated by the director or administrator of the CSEA.

(G)     Any individual without access to SETS but with access to FTI, must complete FTI safeguarding awareness training and a JFS 07014 in accordance with rule 5101:12-1-22 of the Administrative Code.

(H)Responsibilities of an individual or entity with access to SETS.

(1)The individual or entity shall adhere to the guidelines for electronic data security and use described in rules 5101:9-9-37 and 5101:9-9-38 of the Administrative Code.

(2)The individual or entity shall use SETS in accordance with the purposes described in rule 5101:12-1-20.1 of the Administrative Code, including:

(a)To perform the functions necessary to carry out the child support program, as described in rule 5101:12-1-01 of the Administrative Code; and

(b)To obtain information to respond to a request for information about a person from an individual or entity.

(3)The individual or entity shall disclose the information contained in SETS in accordance with rules 5101:12-1-20 to 5101:12-1-20.2 and 5101:12-1-22 of the Administrative Code.

(4)The CSEA shall document in its internal procedural handbook the procedures for ensuring confidentiality of the information contained in SETS, including but not limited to, access and use of SETS, disclosure of the information contained in SETS, and the procedures for addressing unauthorized access to or improper use or disclosure of the information contained in SETS.

(5)All personnel, IV-D contractors, and sub-contractors with access to SETS shall be trained in confidentiality, safeguarding guidelines, security procedures, and the penalties for unauthorized access to or improper use or disclosure of the information contained in SETS.

Effective: 1/1/2024

Five Year Review (FYR) Dates: 9/25/2023 and 01/01/2029

Certification: CERTIFIED ELECTRONICALLY

Date: 12/04/2023

Promulgated Under: 119.03

Statutory Authority: 3125.08, 3125.25

Rule Amplifies: 3125.07, 3125.08, 3125.38, 3125.39

Prior Effective Dates: 01/01/1998, 10/01/1998, 07/15/2002, 06/15/2006, 03/01/2012, 04/01/2018, 12/15/2021