(A)Time study for
a IV-D contract with a court for magistrate services.
(1)The time study
is used to calculate the IV-D multiplier and identify the average length of
time needed to:
(a)Produce a
court order, which must include the time spent preparing for and conducting a
court hearing; or
(b)Conduct a court
hearing.
The IV-D multiplier is a comparison of the average amount of
time spent on activities that are reimbursable under the IV-D contract to the
average amount of time spent on all recorded activities. The IV-D multiplier is
also used to calculate the justified unit rate. The justified unit rate is used
to determine the actual IV-D contract cost for invoicing purposes each month.
(2)A time study
is required when the IV-D contract is with a court for magistrate services and
all of the following conditions are met:
(a)The unit of
service is defined as a court order or a court hearing;
(b)The IV-D
contract is for child support enforcement agency (CSEA) initiated activities or
both CSEA initiated activities and non-CSEA initiated activities; and
(c)The court
docket includes activities that are reimbursable and not reimbursable under the
IV-D contract.
(3)The time study
shall be conducted:
(a)At least one
time per year; and
(b)During a
twelve-month period of time before the signature date on the IV-D contract; and
(c)For a total
of four weeks during any calendar year. The four weeks can be:
(i)Four
consecutive weeks;
(ii)One week per
quarter; or
(iii)Two
consecutive weeks at two different intervals.
(4)Each
magistrate who performs activities under the IV-D contract shall complete one
JFS 02015, "IV-D Contract Time Study" (rev.
2/2009effective or revised effective date as
identified in rule 5101:12-1-99 of the Administrative Code) for each day
of the time study.
(5)The contractor
shall submit to the CSEA all of the JFS 02015s upon completion of all of the
time studies.
(6)The CSEA shall
review each JFS 02015 and work with the contractor to resolve any discrepancies
in accuracy or completeness, if any. The CSEA shall maintain documentation of
the review of the JFS 02015s, the results of the review, and how any identified
discrepancies were resolved.
(B)Time sheet and
exception reporting.
(1)For purposes
of completing a time sheet or exception report, the following definitions
apply:
(a)"Dedicated
principal staff" means principal staff, as listed on 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),
who work one hundred per cent of the time on activities that are reimbursable
under the IV-D contract.
(b)"Non-dedicated
principal staff" means principal staff, as listed on the JFS 07020, who
work less than one hundred per cent of the time on activities that are
reimbursable under the IV-D contract.
(2)Time sheet
requirement for a IV-D contract with a private entity.
(a)When the unit
of service is defined as an hour, the contractor shall record the time spent
each month on activities that are reimbursable under the IV-D contract on a
time sheet that contains the following data elements and is signed by the
contractor;
(b)Date;
(c)Description
of activity;
(d)Time activity
began;
(e)Time activity
ended;
(f)Case number;
(g)Support
enforcement tracking system (SETS) case number, if available; and
(h)Contractor's
signature.
(3)Time sheet
requirement for a IV-D contract with a governmental entity with non-dedicated
principal staff.
When the unit of service is defined as an hour:
(a)The contractor
shall record and certify on the JFS 01728, "Daily Time Sheet for
Non-Dedicated Principal Staff" (2/2009effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code) the time spent each day on both
activities that are reimbursable and not reimbursable under the IV-D contract.
(b)The CSEA has
the option to require the contractor to record and certify on the JFS 01729,
"Monthly Time Sheet Summary for Non-Dedicated Principal Staff" (2/2009effective or revised
effective date as identified in rule 5101:12-1-99 of the Administrative Code)
the time spent each month on both activities that are reimbursable and not
reimbursable under the IV-D contract. If the CSEA requires the contractor to
record time on the JFS 01729, the CSEA shall include this requirement in the
performance standards of the IV-D contract.
(c)The CSEA has
the option to require the contractor to record on the JFS 01731, "Monthly
Time Summary for Governmental Contractor" (2/2009effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code) the time spent each month on
both activities that are reimbursable and not reimbursable under the IV-D
contract for each principal staff who completed a JFS 01728 for the month. If
the CSEA requires the contractor to record time on the JFS 01731, the CSEA
shall include this requirement in the performance standards of the IV-D
contract.
(4)Exception
report requirement for a IV-D contract with a governmental entity with
dedicated principal staff.
When the unit of service is defined as an hour:
(a)The principal
staff as listed on the JFS 07020 shall record and certify on the JFS 01730,
"Dedicated Principal Staff Exception Report" (2/2009effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code) the dates and time spent each
month on both activities that are reimbursable and not reimbursable under the
IV-D contract; and
(b)The CSEA has
the option to require the contractor to record on the JFS 01731 the time spent
each month on both activities that are reimbursable and not reimbursable under
the IV-D contract for each principal staff who completed a JFS 01730 for the
month. If the CSEA requires the contractor to record time on the JFS 01731, the
CSEA shall include this requirement in the performance standards of the IV-D
contract.
(C)Invoicing.
(1)Invoicing for
a IV-D contract with a governmental entity.
(a)The contractor
shall record the contractor's actual monthly costs on the JFS 07034,
"Governmental Contractor Monthly Expense Report" (rev. 2/2009effective or revised
effective date as identified in rule 5101:12-1-99 of the Administrative Code)
to identify the justified unit rate. The contractor shall submit the JFS 07034
to the CSEA within thirty days of the last day of the month in which services
were performed.
(b)The CSEA shall
complete and submit to the office of child support (OCS) the JFS 07034 in the
electronic spreadsheet format, that is posted to
the Ohio department of job and family services (ODJFS) innerweb, within forty-five days of the last day of the month
in which services were performed.
(c)The
contractor shall complete and submit to the CSEA the JFS 07035, "IV-D
Contract Invoice" (rev. 2/2009effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code) no later than thirty days after
the last day of the month in which services were performed.
(d)The contractor
shall ensure that the cumulative amount invoiced to the CSEA during the IV-D
contract period does not exceed the total IV-D contract cost.
(e)When the unit
of service is defined as an hour, the contractor shall multiply the justified
unit rate by the actual time spent on activities purchased under the IV-D
contract during the month to determine the actual IV-D contract cost for the
month.
(f)When the unit
of service is not defined as an hour, the contractor shall multiply the
justified unit rate by the number of units of service purchased during the
month to determine the actual IV-D contract cost for the month.
(2)Invoice payment
options for a IV-D contract with a governmental entity.
(a)The CSEA is
responsible for paying the actual expenses as determined by the process
described in paragraphs (C)(1)(a) to (C)(1)(f) of this rule.
(b)The CSEA may
elect to pay the justified unit rate on a monthly basis as reported on the JFS 07034.
(c)The CSEA may
elect to pay the unit rate as determined on the JFS 07020 and reconcile actual
expenses to budgeted expenses on a quarterly basis. If the CSEA elects to
reconcile actual expenses to budgeted expenses on a quarterly basis, the CSEA
shall:
(i)Within
forty-five days of the end of the calendar quarter, reconcile the actual
expenses to the amount paid during the calendar quarter; and
(ii)Annually
certify on the JFS 02151, "IV-D Contract Evaluation" (rev. 5/2013effective or revised
effective date as identified in rule 5101:12-1-99 of the Administrative Code)
that the monetary reconciliation occurred for each calendar quarter during the
IV-D contract period.
(3)Invoicing for
a IV-D contract with a private entity.
(a)The contractor
shall complete and submit to the CSEA the JFS 07035 no later than thirty days
after the last day of the month in which services were performed.
(b)The contractor
shall multiply the unit rate by the number of units of service provided during
the month to determine the IV-D contract costs for the month.
(c)The
contractor shall ensure that the cumulative amount invoiced to the CSEA during
the IV-D contract period does not exceed the total IV-D contract cost.
(D)Invoice
approval.
(1)Within thirty
days of receipt of the JFS 07035, the CSEA shall:
(a)Review the JFS 07035; and,
(b)When the CSEA
determines that the JFS 07035 is completed correctly, approve the JFS 07035 for
payment.
(2)When the CSEA
determines that the JFS 07035 is not completed correctly, the CSEA shall:
(a)Request the
contractor amend the JFS 07035; and
(b)Within thirty
days of receipt of an amended JFS 07035 that has been completed correctly,
approve the amended JFS 07035 for payment.
(E)Monitoring.
(1)The CSEA
shall:
(a)Monitor all
activities performed under the IV-D contract to ensure that all support
enforcement program requirements are met in accordance with the rules in
division 5101:12 of the Administrative Code.
(b)Only reimburse
the contractor for activities provided to, for, or on behalf of a case that was
in open IV-D status at the time of the activity.
(c)Review the
JFS 07034 that is submitted by the contractor each month in order to monitor
any variation between the unit rate as listed on the JFS 07020 and the
justified unit rate as calculated on the JFS 07034.
(d)Ensure that
the cumulative amount reimbursed to the contractor does not exceed the total
IV-D contract cost as listed on 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)
or 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).
(2)OCS shall:
(a)Review the JFS 07034 within thirty days from the date that OCS receives the JFS 07034 from the
CSEA in order to monitor any variation between the unit rate as listed on the
JFS 07020 and the justified unit rate as calculated on the JFS 07034.
(b)Ensure that
the cumulative amount reimbursed to the contractor does not exceed the total
IV-D contract cost as listed on the JFS 07018 or JFS 07037.
(F)Evaluation.
The CSEA shall:
(1)Evaluate a
IV-D contract by completing a JFS 02151. The CSEA shall conduct the evaluation
any time after the third quarter of the IV-D contract period but no later than
ninety days after the conclusion of the IV-D contract period.
(2)Issue a copy
of the JFS 02151 to the contractor and OCS within thirty days of completing the
JFS 02151.
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, 3125.15, 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.), 02/19/1990, 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,
12/01/2013