Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-80.1 - Completing the IV-D contract

Current through all regulations passed and filed through July 1, 2024
(A) The child support enforcement agency
			 (CSEA) is responsible for the contents of the IV-D contract and all
			 incorporated IV-D contract documents, regardless of whether the IV-D contract
			 documents were prepared by the CSEA, the contractor, or another
			 entity.
(B) The following IV-D
			 contract terms must be agreed upon by the parties to the IV-D contract and
			 completed by the CSEA, the contractor, or another entity:
(1) IV-D contract period.
The IV-D contract period is for twelve months or less. When the
				IV-D contract period is less than twelve months, the CSEA may amend the IV-D
				contract to extend the IV-D contract period through the remainder of the
				twelve-month period or enter into a new IV-D contract for a period of twelve
				months or less.
(2) Unit of
			 service.
(a) The unit of service represents
			 the product that the CSEA is purchasing from the contractor. The CSEA and
			 contractor shall ensure that the unit of service is:
(i) Clearly defined in the IV-D
			 contract;
(ii) Able to be
			 accurately counted and measured;
(iii) Related to the objectives of the
			 support enforcement program;
(iv)
			 Eligible for federal financial participation (FFP) reimbursement; and
(v) Provided to, for, or on behalf of a IV-D
			 case.
(b) In a IV-D
			 contract with a court for magistrate services, the unit of service must be
			 defined as:
(i) An hour;
(ii) A court order that has been filed with
			 the clerk of court; or
(iii) A
			 court hearing presided over by a magistrate.
(c) In a IV-D contract with a clerk of court,
			 a unit of service must be defined as a filing of a CSEA initiated
			 document.
(d) In a IV-D contract
			 with a sheriff for services other than service of process, a unit of service
			 must be defined as an hour.
(e) In
			 a IV-D contract with a prosecutor or private attorney for legal services, a
			 unit of service must be defined as an hour.
(f) In a IV-D contract with a private entity
			 for a service other than legal services, a unit of service must be defined
			 according to the standard definition of a unit of service for that
			 industry.
(3) Optional
			 purchase of non-CSEA initiated activities.
In a IV-D contract with a court to provide magistrate services,
				the CSEA may elect to purchase:
(a)
			 Only CSEA initiated activities; or
(b) Both CSEA initiated activities and
			 non-CSEA initiated activities.
(4) IV-D contract costs.
(a) Unit rate.
(i) In a IV-D contract with a private entity,
			 the unit rate is determined through the procurement process.
(ii) In a IV-D contract with a governmental
			 entity:
(a) The governmental entity is
			 prohibited from earning a profit or other increment above allowable costs from
			 the IV-D contract.
(b) For purposes
			 of calculating the unit rate, the following definitions apply:
(i) "Dedicated unit" means the contractor has
			 staff within a separately designated operational unit whose only duties are to
			 perform activities under the IV-D contract.
(ii) "Non-dedicated unit" means the
			 contractor has staff whose duties include performing activities under the IV-D
			 contract as well as other activities.
(iii) "Program" means services provided by
			 either a non-dedicated unit or a dedicated unit. Costs for the program consist
			 of the total costs associated with the production of a unit of service by that
			 non-dedicated or dedicated unit.
(c) In a IV-D contract with a governmental
			 entity, the unit rate shall be calculated on the JFS 07020, "Governmental
			 Contractor IV-D Contract Budget" (effective or revised effective date as
			 identified in rule
			 5101:12-1-99
			 of the Administrative Code), by using an estimate of the contractor's
			 annual costs that are eligible for federal financial participation (FFP)
			 reimbursement and an estimate of the income generated by the provider of the
			 program.
(d) The contractor shall
			 calculate the unit rate on the JFS 07020 by:
(i) Including one hundred per cent of the
			 costs of the principal staff of the non-dedicated unit.
(ii) Prorating the contractor's costs for
			 staff, operations, and equipment.
(iii) Including an estimate of the income
			 generated by the provider of the program.
(iv) Including the estimated number of total
			 operating units to be produced by the principal staff during the IV-D contract
			 period.
(v) Including the estimated
			 number of units of service to be purchased during the IV-D contract
			 period.
(b) Total IV-D contract cost.
(i) The total IV-D contract cost is
			 calculated by multiplying the unit cost by the number of units of service
			 expected to be purchased during the IV-D contract period.
(ii) The CSEA shall ensure that the total
			 IV-D contract cost includes both the non-federal share and the FFP
			 reimbursement.
(a) In a IV-D contract with a
			 private entity:
(i) The CSEA shall pay the
			 non-federal share of the total IV-D contract cost;
(ii) The contractor shall not contribute the
			 non-federal share of the total IV-D contract cost, either in cash or in kind;
			 and
(iii) The FFP reimbursement
			 shall not be considered as the total IV-D contract cost.
(b) In a IV-D contract with a governmental
			 entity, the contractor may provide the non-federal share of the total IV-D
			 contract cost.
(iii) The
			 CSEA shall not pay the contractor more than the total IV-D contract
			 cost.
(5)
			 Availability of funds.
The CSEA shall identify the amount and source of non-federal
				funds, as described in rule
				5101:12-1-50 of
				the Administrative Code, and the amount of FFP reimbursement that is expected
				to be available for the reimbursement of services to the
				contractor.
(6) Performance
			 standards.
(a) The performance standards
			 shall clearly describe the service or services that the CSEA is purchasing from
			 the contractor and shall be:
(i) In compliance
			 with the requirements in 45 C.F.R. Part 303 (8/4/1989);
(ii) Consistent with and no less stringent
			 than the rules in division 5101:12 of the Administrative Code;
(iii) Developed in consultation with the
			 contractor;
(iv) Sufficiently
			 detailed to clearly define the expected performance;
(v) Quantifiable; and
(vi) Measurable and clearly specify the
			 method and frequency of measurement.
(b) The CSEA shall attach a document to the
			 JFS 07018, "IV-D Contract" (effective or revised effective date as
			 identified in rule
			 5101:12-1-99
			 of the Administrative Code) that describes the performance standards for
			 the IV-D contract. When the contractor and CSEA are amending the performance
			 standards of a IV-D contract, the CSEA shall attach a document to the JFS
			 07037, "IV-D Contract Amendment" (effective or revised effective date as
			 identified in rule
			 5101:12-1-99
			 of the Administrative Code) that describes the amended performance
			 standards.
(7) Access of
			 program to public.
The CSEA and contractor shall describe when the contractor will
				provide services to the public.