(A)The purpose of
this rule is to describe the requirements regarding the collection of support
payments at the child support enforcement agency (CSEA). Each CSEA is required
to elect to accept collections or not to accept collections at the CSEA in
accordance with this rule.
(B)Each CSEA will
notify the office of child support (OCS) of the CSEA's decision to accept or
not accept payments at the CSEA, and will notify OCS at least ten days prior to
any significant changes by the CSEA and by the last day of March each year, regarding
payment processing. The notification will be made by completing the JFS 07736,
"Child Support Enforcement Agency Payment Processing Declaration"
(effective or revised effective date as identified in rule 5101:12-80-99 of the
Administrative Code) and submitting the JFS 07736 to child
support payment central (CSPC)OCS. The JFS
07736 will be signed by the CSEA director or administrator, and will include:
(1)The county
name;
(2)A declaration
as to whether the CSEA will accept or not accept payments;
(3)A description
of the payment types and delivery methods accepted by the CSEA; and
(4)A description
of satellite location payment processing details.
(C)When a CSEA
elects to accept cash payments at the CSEA, the CSEA will maintain a CSEA
depository account. For the purposes of this rule, "CSEA depository
account" means the bank, credit union, or savings and loan association
account used for the sole purpose of transmitting to child
support payment central (CSPC) the
payments in person received by the CSEA. A CSEA required to maintain a CSEA
depository account will provide the following information to OCS:
(1)Name and
address of the financial institution for the CSEA depository account;
(2)CSEA depository
account number; and
(3)Routing/transit
number of the CSEA depository account.
(D)A CSEA that
does not accept payments will treat any payment type received by the CSEA as a
misdirected payment and forward the payment, except cash, to CSPC.
(E)A payment
received by the CSEA is a misdirected payment and will be forwarded to CSPC
when the payment is:
(1)Submitted with
remittance documentation indicating payment for more than one obligor;
(2)From a payor,
as defined in paragraph (B)(3) of rule 5101:12-50-10 of the Administrative
Code;
(3)From a
financial institution; or
(4)Intended to credit
a recollection account.
(F)A CSEA that
submits a JFS 07736 indicating the CSEA accepts payments will post any payment
type received by the CSEA that the CSEA has indicated they will accept on the
JFS 07736, subject to the remitter providing sufficient information to allow
the CSEA to post the payment.
(1)A CSEA that
elects to accept payments will:
(a)Maintain a CSEA
depository account for cash payments.
(b)Collect and
post payments using procedures in accordance with this rule and based on
generally accepted business and accounting practices as authorized under
section 117.43 of the Revised Code;
(c)Place a notice
in clear view in the area where payments are made that notifies a remitter:
(i)That cash
payments made at the CSEA may be identified as being made on the next business
day.
(ii)Unless the
payment was made with cash, the obligor will receive conditional credit until
the payment clears the financial institution and the payment is reflected in
the support enforcement tracking system (SETS). The obligor may not receive
relief from any enforcement actions taken by the CSEA until the payment is
reflected in SETS;
(iii)Of the
acceptable payment types listed on the JFS 07736 that are collected at the CSEA
or alternate location.
(d)Ensure adequate
funds are available in the CSEA depository account to cover the previous day
cash postings;
(e)Accept payment
types listed on the JFS 07736 that are collected at the CSEA or satellite
location; and
(f)Treat any
payment type a CSEA elected not to accept as a misdirected payment in
accordance with paragraph (D) of this rule.
(2)Any payments
submitted by hand, mail, drop-off, or any other means with sufficient posting
identifiers and that is not identified as a misdirected payment will be posted
within one business day.
(3)The CSEA
employee that collects and posts the payment will not be the CSEA employee that
balances and prepares the deposit for release to CSPC, unless a waiver has been
granted by the office of child support enforcement (OCSE).
To obtain the waiver, the CSEA will submit a waiver request to
OCS. OCS will forward the request to the OCSE regional office and notify the
CSEA whether OCSE has granted the waiver.
(4)Ensure that
every CSEA employee that has access to or control of payments collected at the
CSEA is covered by a bond against loss of payments from employee dishonesty. In
accordance with section 329.01 of the Revised Code, each bond is to be for an
amount determined by the board of county commissioners, with a surety or
bonding company authorized to do business in this state, and deposited with and
retained by the county treasurer.
(G) When the CSEA
forwards a payment to CSPC, the CSEA:
(1)Will forward
the payment, including the remittance documentation and original envelope, to
CSPC that contained the payment for processing;
(2)May mark the
date received on the envelope, but will not further mark on the envelope or
payment instrument;
(3)May attach a
separate document to the misdirected payment that includes any posting
identifiers known to the CSEA, when the remitter fails to include posting
instructions with a misdirected payment; and
(4)Will record the
payment on a written or electronic log maintained at the CSEA that contains the
following information:
(a)Remitter name;
(b)Payment amount;
(c)Instrument
number (e.g. check number); and
(d)Date of the
instrument.
The CSEA will retain the log for thirty days, and subsequently
follow the CSEA's record retention requirements described in rule 5101:12-1-25
of the Administrative Code.
Effective: 12/15/2021
Five Year Review (FYR) Dates: 2/15/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 11/30/2021
Promulgated Under: 119.03
Statutory Authority: 3121.71, 3125.25
Rule Amplifies: 117.43, 329.01, 3125.29
Prior Effective Dates: 10/01/1985 (Emer.), 01/01/1986 (Emer.),
04/01/1986, 11/15/1986, 12/01/1987 (Emer.), 02/29/1988, 06/10/1988, 12/20/1988,
09/01/1989 (Emer.), 11/30/1989, 08/01/1990, 01/01/1991, 04/01/1992, 06/01/1993,
12/01/1994, 06/01/1995, 07/01/1996, 01/01/1998, 04/24/2000 (Emer.), 07/10/2000,
10/15/2001, 05/08/2003, 04/03/2005, 01/15/2008, 09/15/2013, 06/01/2019,
02/15/2020