Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-20.1 - Request for override of family violence indicator restriction

Current through all regulations passed and filed through July 1, 2024
(A) When a person
			 listed in the federal case registry (FCR) has a family violence indicator
			 (FVI), the child support enforcement agency (CSEA) shall ensure that no
			 information about a case participant will be released in response to a locate
			 request, an FCR query, or as part of the proactive matching functionality.
			 Courts have the ability to order a one-time override of the FVI if certain
			 requirements are met. Should a court be asked to consider an override of the
			 FVI, a CSEA shall, upon request, provide the court with evidence it maintained
			 regarding the family violence. If the court determines that information can be
			 released by the FCR, the court will submit a request for the release of
			 information for forwarding to the federal parent locator service (FPLS).
(B) When, in response to a request
			 for locate processing or an FCR query, the FCR notifies the office of child
			 support (OCS) that disclosure is prohibited in a case, OCS shall notify the
			 CSEA. If the CSEA decides to pursue the restricted information, the CSEA must
			 request a court in its county to authorize OCS to commence the process to
			 obtain a one-time override of the FVI. Should the court order an override of
			 the FVI, the CSEA shall submit the order to OCS, which shall submit the request
			 to FCR.
(C) Following receipt and
			 approval of an FVI override request, the federal office of child support
			 enforcement (OCSE) will return the locate information via specialized delivery
			 service to OCS. The returned information will include detailed locate
			 information from each requested locate source and the identity of the state(s)
			 that placed the FVI. The identity of the state(s) placing the indicator may
			 assist the requesting state's court in making its decision about whether to
			 release the information to the requester.
(D) The OCS shall not release or retain a
			 copy of any of the FVI override information. Upon receipt, OCS must submit the
			 information to the court that authorized the override or, pending the court's
			 final determination regarding the release of the information, follow that
			 court's instructions regarding the maintenance of the information. The court
			 must make the determination as to whether further disclosure could be harmful
			 to the parent or child. If the court determines that further disclosure could
			 be harmful, the court is not to disclose the information to the requester.
(E) When the requester is a CSEA
			 or the FCR and the court makes the determination to disclose the information,
			 the court will return the information to the CSEA. The CSEA must ensure that
			 the information received for the protected person is safeguarded and used
			 solely for child support purposes.
Replaces: 5101:12-10- 25.3
Five Year Review (FYR) Dates:
				3/1/2018 and
				03/01/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 3125.25
Rule
				Amplifies: 3113.31
Prior
				Effective Dates: 10/14/2001, 02/01/2005,
				05/15/2008