(A) In accordance
with 42 U.S.C. 654a, as in effect January 5, 2009, and section 3125.07 of the
Revised Code, the Ohio department of job and family services (ODJFS) has
established and shall maintain a single statewide automated data processing and
information retrieval system known as the support enforcement tracking system
(SETS).
(1) This rule
describes the general requirement for the child support enforcement agency
(CSEA) to interact with SETS and the responsibilities of a user of SETS. The
process for an individual or entity to gain access to SETS and authorized use
or disclosure of the information contained in SETS is described in rules
5101:12-1-20 to 5101:12-1-20.35101:12-1-20.2 and 5101:12-1-22 of the Administrative
Code.
(2) For the
purposes of this rule use of the term "access to SETS" incorporates
any SETS user profile level that grants access to data contained in any SETS
database, including those profiles that only have access to the general data
screens (GDS).
(B) ODJFS may deny
access to SETS when an individual has been found to have unauthorized access
to, or improperly used or disclosed the information contained in SETS.
(C) The office of
child support (OCS) will perform the following functions with regard to access
to the information contained in SETS:
(1) Review
requests for access to the information contained in SETS;
(2) Determine
whether requests for access will be granted; and
(3) Monitor the
access to and use of the information contained in SETS to prevent and promptly
identify unauthorized access to or improper use of the information contained in
SETS.
(D) The CSEA shall
interact with the functions of SETS according to applicable rules of the
Administrative Code, Ohio law, federal law and regulations, and any written
instructions provided by ODJFS. Interaction shall include, but not be limited
to, the CSEA providing information or performing an activity that enables a
particular SETS function to operate at its full capacity. When the CSEA is
directed to perform an act under a mandate contained in an Administrative Code
rule, Ohio law, federal law or regulation, or other written instructions provided
by ODJFS, the act shall be considered executed when the CSEA has performed the
required actions within SETS.
(E) In accordance
with sections 3125.38 and 3125.39 of the Revised Code, SETS shall provide the
data necessary for the performance measurements outlined in rules 5101:12-1-54
to 5101:12-1-54.2 of the Administrative Code.
(F) An individual
or entity may make a request to ODJFS for SETS access. When requesting SETS
access, the following forms shall be completed and returned to ODJFS by the
following individuals:
(1) The JFS 07700,
"SETS User Access Application" (5/2008effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code) shall be completed by the
employee of a child support enforcement agency (CSEA)CSEA, ODJFS, county department of job and family
services (CDJFS), public children services agency (PCSA), county agency, or a contractor, or a
sub-contractor when requesting access to SETS.
When the profile of an existing SETS user is modified, the
employee of the CSEA, ODJFS, CDJFS, PCSA, county agency, or contractor, or a
sub-contractor shall complete and submit to the
office of child support (OCS)OCS a new JFS
07700.
(2) The JFS 07078,
"Code of Responsibility" (rev. 6/2009effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code) shall be completed by the
employee of a CSEA, ODJFS, CDJFS, PCSA, county agency, or
a contractor, or a sub-contractor
requesting access to SETS.
(3) The JFS 07014,
"Tax Information Safeguarding Authorization Agreement" (rev. 4/2008effective or revised
effective date as identified in rule 5101:12-1-99 of the Administrative Code)
shall be completed by the employee of a CSEA or ODJFS, or
a contractor, or a sub-contractor, when
the employee,or
contractor, or sub-contractor has access to
federal tax information (FTI), as defined in rule 5101:12-1-20.25101:12-1-22 and its suplemental rules of the
Administrative Code.
The JFS 07014 must be received by OCS no later than the last day
of January after an individual's initial employment or re-employment. On an
annual basis thereafter, the employee of a CSEA, ODJFS, or
contractor, or sub-contractor shall complete and
submit to OCS a new JFS 07014 no later than the last day of March.
(4) Each CSEA
shall submit a JFS 07072, "Safeguarding of Internal Revenue Service (IRS),
Ohio Department Of Taxation (ODT), Federal Parent Locator Service (FPLS), and
Unemployment Compensation (UC) Information" (rev.
2/2006),(effective or revised effective date as
identified in rule 5101:12-1-99 of the Administrative Code) to the
deputy director of OCS within the Ohio department of job
and family servicesODJFS no later than the
last day of JanuaryMarch
each year. The JFS 07072 must be signed and dated by the director or
administrator of the CSEA.
(G) Any individual without access to SETS
but with access to FTI, must complete FTI safeguarding awareness training and a
JFS 07014 in accordance with rule 5101:12-1-22 of the Administrative Code.
(G)(H) Responsibilities of an individual or entity
with access to SETS.
(1) The individual
or entity shall adhere to the guidelines for electronic data security and use
described in rules 5101:9-9-37 and 5101:9-9-38 of the Administrative Code.
(2) The individual
or entity shall use SETS in accordance with the purposes described in rule
5101:12-1-20.1 of the Administrative Code, including:
(a) To perform the
functions necessary to carry out the child support program, as described in
rule 5101:12-1-01 of the Administrative Code; and
(b) To obtain
information to respond to a request for information about a person from an
individual or entity.
(3) The individual
or entity shall disclose the information contained in SETS in accordance with
rules 5101:12-1-20 to 5101:12-1-20.35101:12-1-20.2 and 5101:12-1-22 of the Administrative
Code.
(4) The CSEA shall
document in its internal procedural handbook the procedures for ensuring
confidentiality of the information contained in SETS, including but not limited
to, access and use of SETS, disclosure of the information contained in SETS,
and the procedures for addressing unauthorized access to or improper use or
disclosure of the information contained in SETS.
(5) All personnel and, IV-D contractors, and sub-contractors with access to SETS shall be
trained in confidentiality, safeguarding guidelines, security procedures, and
the penalties for unauthorized access to or improper use or disclosure of the
information contained in SETS.
Effective: 4/1/2018
Five Year Review (FYR) Dates: 12/13/2017 and 04/01/2023
Certification: CERTIFIED ELECTRONICALLY
Date: 03/12/2018
Promulgated Under: 119.03
Statutory Authority: 3125.08, 3125.25
Rule Amplifies: 3125.07, 3125.08, 3125.38, 3125.39.
Prior Effective Dates: 01/01/1998, 10/01/1998, 07/15/2002,
06/15/2006, 03/01/2012