(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