(A)IV-D
application.
(1)The child
support enforcement agency (CSEA) shallwill make IV-D applications readily accessible to the
public. The CSEA shall will
provide a IV-D application to an individual requesting services on the
day the individual makes a request in person or send a IV-D application to the
individual within five working days of a written or telephone request.
(2)The CSEA will
not mandate an application, other request for services, or an application fee
from any individual who is eligible to receive IV-D services as a result of a
referral described in paragraph (B) of this rule, unless, after receipt of the
IV-D referral, IV-D services were terminated in accordance with rule
5101:12-10-70 of the Administrative Code.
(3)The CSEA shall will charge a one
dollar IV-D application fee when an individual files a IV-D application. The
CSEA may require request the
applicant to pay the IV-D application fee or may absorb the IV-D application
fee.
(4)The CSEA shallwill accept a
completed and signed IV-D application as filed on the day the IV-D application
was received by the CSEA and the application fee was received or absorbed by
the CSEA.
(5)When IV-D
services were previously terminated, the individual must
will file a new IV-D application and be
charged an application fee unless:
(a)The CSEA
receives a IV-D referral; or
(b)The CSEA is required to reopenreopens
the IV-D case for administrative reasons.
(B)A IV-D
referral may be received from:
(1)A county
department of job and family services (CDJFS) as a result of an application for
medicaid benefits when there is an existing support order for the child or as a
result of an application for Ohio works first (OWF);
(2)A Title IV-E
agency that resulted from a determination of eligibility for foster care maintenance (FCM)
benefits; or
(3)The Ohio
interstate central registry as a result of the receipt of a Uniform Interstate
Family Support Act interstate petition in accordance with 42 U.S.C. 666(f)
(12/14/1999) for a IV-D case.
(C)When IV-D
services were previously terminated and the CSEA receives a new IV-D referral
from a CDJFS, medicaid, or Title IV-E agency, the CSEA will conduct a thorough
investigation, which may include a face-to-face interview, phone contact with
the recipient of services, or other form of investigation, within the twenty
day time frame. If the facts underlying the termination of IV-D services have
not changed and are documented in the case record and no new information is
available to help provide IV-D services, then the case does not need to be
reopened.
(D)The CSEA shallwill approve a
completed and signed IV-D application or a IV-D referral for IV-D services
unless the IV-D application or IV-D referral meets a denial criteria described
in paragraph (DE)
of this rule.
(E)The CSEA shallwill deny IV-D
services to a IV-D application or a IV-D referral when:
(1)The
non-custodial parent is seeking to locate a child;
(2)The parent who
has been granted custody of a child is seeking to locate and recover that child
who may have been removed by the non-custodial parent (in this circumstance the
CSEA should refer to rule 5101:12-20-10 of the Administrative Code concerning
location services for parental kidnapping and child custody cases);
(3)An adult child
is seeking to locate a parent;
(4)A child is
attempting to reunite with a sibling;
(5)The applicant
is requesting reimbursement for medical costs that have not been reduced to a
dollar amount in a court order;
(6)The applicant
requests services that are not available from the CSEA (in this circumstance,
the CSEA is responsible for determining, based on the facts and circumstances
of the application, whether the requested service is or is not available);
(7)The referral
is for a pregnant woman with no other child;
(8)The case has
already been approved for IV-D services; or
(9)The child has
attained the age of majority unless:
(a)The child is
attending an accredited high school on a full-time basis and has not attained
the age of nineteen;
(b)A court order
has made special provisions that would extend the duty of support beyond the
child's minority;
(c)IV-D services
are requested to establish paternity and the child has not attained the age of
twenty-three; or
(d)IV-D services
are requested to collect arrears.; or
(10) The applicant is not a parent, alleged
father of the child, or primary caregiver as determined in accordance with rule
5101:12-60-60 of the Administrative Code.
(F)The CSEA may
deny IV-D services to a IV-D application when the application does not provide
minimum information necessary to attempt location efforts: names of the
participants and either dates of birth or social security numbers of the
participants; and the CSEA has made diligent efforts to obtain the information
necessary to attempt location.
Effective: 4/3/2024
Five Year Review (FYR) Dates: 6/15/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 03/18/2024
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03, 3125.11, 3125.36, and 3125.37
Prior Effective Dates: 09/01/1976, 08/01/1982, 11/11/1982,
07/01/1983, 11/01/1983, 01/01/1984, 01/07/1985, 01/09/1986, 01/01/1987 (Emer.),
03/20/1987, 12/01/1987, 06/10/1988, 07/15/1988, 12/29/1988, 04/01/1989, 06/02/1989,
09/01/1989, 12/01/1989, 04/01/1990, 08/01/1990, 10/01/1990, 04/01/1991,
11/01/1991, 04/01/1992, 08/01/1992, 07/01/1996, 10/01/1996, 12/30/1997,
01/01/1998, 02/22/2002, 07/01/2002, 04/18/2003, 06/15/2006, 03/01/2012,
06/15/2023