(A)In accordance
with section 3123.95 of the Revised Code, the office of child support (OCS), in
the Ohio department of job and family services (ODJFS), shall establish a
program to increase child support collections by publishing and distributing a
series of posters displaying child support obligors who are delinquent in their
support payments. OCS shall use funds appropriated by the general assembly for
child support administration to conduct an OCS poster program. OCS may publish
and distribute OCS posters annually.
(B)Each OCS poster
shall include:
(1)Photographs of
and information about ten obligors who meet the submittal criteria outlined in
paragraph (C)(1) of this rule as confirmed by the child support enforcement
agency (CSEA);
(2)A toll-free
telephone number for OCS that the public may use to report information
regarding the whereabouts of any of the obligors displayed on an OCS poster;
and
(3)Any other
information that OCS considers appropriate.
(C)In accordance
with sections 3123.951 and 3123.952 of the Revised Code, any CSEA that chooses
to participate in the OCS poster program shall:
(1)Confirm all of
the following:
(a)That the
obligor is subject to a support order being administered by an Ohio CSEA that
has attempted to enforce the order via a public notice, wage withholding order,
financial institution deduction order, assertion of a lien, or other
court-ordered procedures;
(b)That the
obligor's whereabouts are unknown or unable to be confirmed;
(c)That the
obligor is not a participant in or recipient of Ohio works first (OWF); the
prevention, retention, and contingency (PRC) program; disability financial
assistance (DFA); supplemental security income (SSI); or supplemental nutrition
assistance program benefits (SNAP);
(d)That the
obligor has not filed for protection under federal bankruptcy codes;
(e)That written
authorization was obtained from the obligee via the JFS 07021,
"Authorization to Include Delinquent Obligor on Poster" (effective or
revised effective date as identified in rule 5101:12-50-99 of the
Administrative Code), to display the obligor on an OCS poster; and
(f)That a legal
representative and an administrator of the CSEA have reviewed the case.
(2)Complete the
JFS 07024, "'Most Wanted List' Fact Sheet" (effective or revised
effective date as identified in rule 5101:12-50-99 of the Administrative Code),
and submit it along with a photograph and statement of possible locations of
the obligor to OCS.
(D)The CSEA shall
not submit the address of or any other personal information about the obligee
when the CSEA submits the name of the obligor to OCS.
(E)OCS shall
select obligors to be displayed from the names submitted by CSEAs, review the
obligor's records, and confirm the CSEA's finding that the obligor meets the
criteria for display on an OCS poster.
(F)In accordance
with section 3123.956 of the Revised Code, OCS shall send a notice to each
obligor whose name was submitted to be displayed on the OCS poster via the JFS 07022, "Notice to Obligor: Inclusion on Poster" (effective or revised
effective date as identified in rule 5101:12-50-99 of the Administrative Code),
by ordinary, first class mail to the obligor's last known address. The JFS 07022 shall state that the obligor may avoid being included on the OCS poster
by doing all of the following within ninety days after receipt of the JFS 07022:
(1)Make a payment
that is at least equal to the monthly obligation;
(2)Provide the
CSEA with a current address;
(3)Provide the
CSEA with evidence from each current employer of current wages, salary, and
other compensation; and
(4)Provide the
CSEA with evidence that arrangements have been made for withholding from the
obligor's wages, salary, or other compensation to pay support and arrears.
(G)When the CSEA
determines that any obligor who was submitted to be displayed on an OCS poster
has met the provisions in paragraph (F) of this rule, the CSEA shall
immediately notify OCS of the determination by contacting the poster program
coordinator in OCS by email, regular mail, or telephone. OCS shall remove the
obligor from the list of names submitted before making the final selection.
(H)OCS will notify
the CSEA when an obligor is selected for inclusion on the OCS poster.
(I)The CSEA shall
notify the obligee of the obligor's selection via the JFS 07023,
"Selection for 'Most Wanted List'" (effective or revised effective
date as identified in rule 5101:12-50-99 of the Administrative Code) and
request the obligee to verify the information contained in the JFS 07023. If
the information has changed, the CSEA shall provide updated information to OCS.
Five Year Review (FYR) Dates: 8/1/2022 and 08/01/2027
Certification: CERTIFIED ELECTRONICALLY
Date: 08/01/2022
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3123.95, 3123.951, 3123.952, 3123.953, 3123.954,
3123.955, 3123.956, 3123.957, 3123.958
Prior Effective Dates: 07/15/1992, 07/01/2002, 01/01/2006,
12/01/2006, 03/01/2012, 02/01/2014, 03/01/2017