(A)IV-D
application.
(1)The child
support enforcement agency (CSEA) shall make IV-D applications readily
accessible to the public. The CSEA shall 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.
The CSEA shall not require an individual
who is a recipient of IV-D services in another state to sign a IV-D
application. The CSEA shall not require an individual for whom it has received
a IV-D referral to sign a IV-D application 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.
(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.
(2)The IV-D application may be filed by an
applicant who is not receiving Ohio works first (OWF), medicaid, or Title IV-E
foster care maintenance (FCM) benefits and for whom one of the following conditions
applies:
(a)The applicant resides in the same county
as the CSEA;
(b)The applicant is either the obligee or
obligor in a support order for which the CSEA has administrative
responsibility; or
(c)The applicant resides in a state other
than Ohio or in a foreign country and is not a recipient of IV-D services in
his or her state or country of residence.
(3)The CSEA shall
charge a one dollar IV-D application fee when an individual files a IV-D
application. The CSEA may require the applicant to pay the IV-D application fee
or may absorb the IV-D application fee.
(4)The CSEA shall
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 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 reopen 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(OWF) or medicaid benefits;
(2)A Title IV-E
agency that resulted from a determination of eligibility for 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.
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 shall 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.
(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.
(C)(D)The CSEA shall 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 (D)
of this rule. The CSEA shall provide all appropriate
support enforcement program services to a case in which IV-D services were denied.
(D)(E)The CSEA shall 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.
(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: 6/15/2023
Five Year Review (FYR) Dates: 3/27/2023 and 06/15/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 06/01/2023
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