5101:12-1 Ohio Support Enforcement Program
5101:12-1-80.4 IV-D Contract Record Retention
Effective Date: February 15, 2009 (No Change)

(A)The child support enforcement agency (CSEA) and contractor shall retain all IV-D contract records:

(1)For a period of three years after the final payment is made to the contractor and all matters relating to the IV-D contract are concluded; or

(2)In accordance with the county records commission in the county in which the CSEA serves, when the county records commission requires a retention period of more than three years.

(B)IV-D contract records include but are not limited to:

(1)Documents generated as a result of the procurement process, when applicable, including proof of formal advertising and the selection of the contractor;

(2)A list of potential contractors contacted when the total IV-D contract cost is for an amount that is less than twenty-five thousand dollars or, when the county in which the CSEA serves has a contract threshold requirement that is less than twenty-five thousand dollars, the total IV-D contract cost is for an amount that is less than the local contract threshold requirement;

(3)All IV-D contract documents;

(4)Documentation of any attempt to enter into a IV-D contract with the court or law enforcement official;

(5)Any documentation that the sheriff is unable to provide the resources necessary for service of process in a timely manner when the CSEA attempts to enter into a IV-D contract with a sheriff;

(6)Any documentation from the sheriff that the sheriff charges other agencies service of process fees;

(7)Financial records;

(8)Statistical records;

(9)Any documents or correspondence, including electronic correspondence, from the office of child support (OCS) or the federal office of child support enforcement regarding the IV-D contract; and

(10)     All other records regarding delivery of services under the IV-D contract.

(C)When an audit, litigation, or other action involving the IV-D contract is started before the end of the retention period, the CSEA and contractor shall retain the IV-D contract records until all issues are resolved.

(D)The CSEA and contractor shall make the IV-D contract records available to any authorized governmental representative during reasonable times. A governmental representative includes but is not limited to a representative from the:

(1)United States department of health and human services;

(2)Comptroller general of the United States;

(3)State of Ohio;

(4)County auditor; and

(5)CSEA.

(E)The CSEA shall obtain approval from the county records commission before destroying the IV-D contract records.

Five Year Review (FYR) Dates: 2/12/2019 and 02/12/2024

Certification: CERTIFIED ELECTRONICALLY

Date: 02/12/2019

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.), 02/19/1990, 04/10/1992, 07/15/1992, 11/01/1993, 07/01/1996, 02/01/1997, 07/01/2002, 01/01/2004, 12/02/2004, 02/15/2009