(A)Submission
requirements.
(1)The child
support enforcement agency (CSEA) and contractor shall not add any text to any
of the IV-D contract documents, or make any modifications, deletions, or strike
outs to the IV-D contract documents, whether to the face of or as an addenda to
the IV-D contract documents with the following exceptions:
(a)The CSEA and
contractor may agree to amend the IV-D contract in accordance with paragraph
(D) of rule 5101:12-1-80.1 of the Administrative Code;
(b)The CSEA and
contractor may agree to modify the IV-D contract in accordance with paragraph
(E) of rule 5101:12-1-80.1 of the Administrative Code; or
(c)The CSEA and
contractor may agree to modify the required information in the insertable
fields contained in the IV-D contract documents.
(2)The CSEA shall
retain the original, completed, and signed IV-D contract and all original
completed IV-D contract documents and submit to the office of child support
(OCS) a copy of the following completed IV-D contract documents, as applicable:
(a)For a IV-D
contract between the CSEA and a private entity:
(i)The JFS
01772, "IV-D Contract Cover Letter" (rev.
5/2013effective or revised effective date as
identified in rule 5101:12-1-99 of the Administrative Code);
(ii)The JFS
07015, "Certification of Compliance with Competitive Sealed Bid
Requirements" (rev. 2/2009effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code);
(iii)The JFS
07016, "IV-D Contract Security Addendum" (rev.
2/2009effective or revised effective date as
identified in rule 5101:12-1-99 of the Administrative Code);
(iv)The JFS
07018, "IV-D Contract" (rev. 11/2012effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code) and attached document that
describes the performance standards;
(v)The
resolution of the county commissioners that authorizes the IV-D contract
expenditure or the minutes of the county commissioners meeting during which the
IV-D contract was authorized, unless the county commissioners have delegated
the authority to enter into the IV-D contract to the county department of job
and family services (CDJFS). If such delegation of contracting authority has
occurred, the CSEA shall submit the certification of available funds in
accordance with section 5705.41 of the Revised Code; and
(vi)Any other
documents as requested by OCS.
(b)For a IV-D
contract between the CSEA and a governmental entity:
(i)The JFS
01772;
(ii)The JFS
07016;
(iii)The JFS
07018 and attached document that describes the performance standards;
(iv)The JFS 07020, "Governmental Contractor IV-D Contract Budget" (rev. 2/2009effective or revised
effective date as identified in rule 5101:12-1-99 of the Administrative Code);
(v)The summary
page from the county's cost allocation plan, if indirect costs are included in
the calculation of the budget;
(vi)The
resolution of the county commissioners that authorizes the IV-D contract
expenditure or the minutes of the county commissioners meeting during which the
IV-D contract was authorized, unless the county commissioners have delegated
the authority to enter into the IV-D contract to the CDJFS. If such delegation
of contracting authority has occurred, the CSEA shall submit the certification
of available funds in accordance with section 5705.41 of the Revised Code; and
(vii)Any other
documents as requested by OCS.
(c)For a IV-D
contract amendment between the CSEA and a private entity:
(i)The JFS
01772;
(ii)The JFS
07037, "IV-D Contract Amendment" (rev. 2/2009effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code) and attached document that
describes the amended performance standards, if applicable;
(iii)The
resolution of the county commissioners that authorizes the IV-D contract
expenditure or the minutes of the county commissioners meeting during which the
IV-D contract was authorized, unless the county commissioners have delegated
the authority to enter into the IV-D contract to the CDJFS. If such delegation
of contracting authority has occurred, the CSEA shall submit the certification
of available funds in accordance with section 5705.41 of the Revised Code; and
(iv)Any other
documents, as requested by OCS.
(d)For a IV-D
contract amendment between the CSEA and a governmental entity:
(i)The JFS
01772;
(ii)The JFS
07037 and attached document that describes the amended performance standards,
if applicable;
(iii)The JFS 07020;
(iv)The resolution
of the county commissioners that authorizes the IV-D contract expenditure or
the minutes of the county commissioners meeting during which the IV-D contract
was authorized, unless the county commissioners have delegated the authority to
enter into the IV-D contract to the CDJFS. If such delegation of contracting
authority has occurred, the CSEA shall submit the certification of available
funds in accordance with section 5705.41 of the Revised Code; and
(v)Any other
documents, as requested by OCS.
(B)Submission
timeframe.
In order to ensure that the CSEA will have sufficient time to
make any necessary corrections to the IV-D contract or IV-D contract amendment
and be eligible to receive federal financial participation (FFP) reimbursement
for the entire IV-D contract period, OCS recommends that the CSEA submit the
IV-D contract or IV-D contract amendment to OCS no later than the last day of
the first month of the calendar quarter for which the CSEA expects to receive
FFP reimbursement.
(C)OCS review and
acceptance of a IV-D contract or IV-D contract amendment.
(1)OCS shall
conduct a review of a IV-D contract or IV-D contract amendment and all IV-D
contract documents that shall not exceed thirty days from the receipt of the
IV-D contract or IV-D contract amendment. OCS shall then make a determination
of whether the IV-D contract or IV-D contract amendment appears to be valid and
acceptable for purposes of FFP reimbursement in accordance with the following
standards:
(a)Each IV-D
contract cost appears to meet the definitions of "allowable cost" and
"reasonable cost," as defined in paragraph (B) of rule 5101:12-1-80
of the Administrative Code.
(b)Each IV-D
contract cost appears to be eligible for FFP reimbursement, in accordance with
rules 5101:12-1-60 and 5101:12-1-60.1 of the Administrative Code.
(c)The unit of
service appears to be eligible for FFP reimbursement, in accordance with rules
5101:12-1-60 and 5101:12-1-60.1 of the Administrative Code.
(d)The IV-D
contract or IV-D contract amendment appears to comply with all applicable state
and federal requirements.
(2)When OCS
determines that a IV-D contract or IV-D contract amendment appears to be valid
and acceptable for purposes of FFP reimbursement, OCS shall issue a IV-D
contract acceptance letter to the CSEA.
(3)OCS shall not
accept a IV-D contract or IV-D contract amendment when:
(a)The IV-D
contract or IV-D contract amendment does not appear to be valid or acceptable
for purposes of FFP reimbursement, in accordance with the standards described
in paragraph (C)(1) of this rule.
(b)The CSEA or
contractor have added text other than the required information in the
insertable fields contained in any of the IV-D contract documents, or modified
the IV-D contract documents, whether to the face of or as an addenda to the
IV-D contract document, without the agreement of both parties to the IV-D
contract and without the approval from OCS for the modifications.
OCS shall notify the CSEA when OCS determines that a IV-D
contract or IV-D contract amendment does not appear to be valid and acceptable
for purposes of FFP reimbursement. The CSEA may make any necessary corrections
or submit to OCS a new IV-D contract or IV-D contract amendment, if
appropriate.
(4)The OCS review
is not intended to constitute an audit of the IV-D contract or IV-D contract
amendment. The OCS review shall not replace any review or audit that may be
conducted by the Ohio department of job and family services, or any other
federal, state, or local entity.
Effective: 12/15/2019
Five Year Review (FYR) Dates: 8/30/2019 and 02/12/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 11/25/2019
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.12, 3125.13, 3125.14, 3125.17
Prior Effective Dates: 08/01/1975, 08/01/1982, 07/01/1987,
07/01/1987 (Emer.), 08/03/1987, 12/01/1987, 12/01/1987 (Emer.), 02/29/1988,
11/27/1989 (Emer.), 02/01/1990, 02/19/1990, 04/10/1992, 07/15/1992, 11/01/1993,
07/01/1996, 02/01/1997, 07/01/2002, 01/01/2004, 12/02/2004, 02/16/2006,
02/15/2009, 08/15/2013