(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 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). 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 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.
Replaces: 5101:12-80-05.1
Effective: 2/15/2020
Five Year Review (FYR) Dates: 02/15/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 02/04/2020
Promulgated Under: 119.03
Statutory Authority: 3125.25, 3121.71
Rule Amplifies: 117.43, 3125.29, 329.01
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