Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-70 - Intergovernmental Cases › Section 5101:12-70-05.4 - Requirements for responding CSEA in intergovernmental cases

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 describes the requirements that a responding child support enforcement agency
			 (CSEA) shall follow when receiving a request for services from an initiating
			 agency.
(B) In addition to the
			 general responsibilities described in rule 5101:12-70-05.1 of the
			 Administrative Code, the responding CSEA has the following responsibilities:
(1) Accept and process an intergovernmental
			 request for services. The CSEA may not refuse to process a request on the basis
			 that an initiating state could have utilized one-state or long arm
			 processes;
(2) Within seventy-five
			 days of receipt of an intergovernmental form and documentation from
			 the Ohio
			 interstate central registry(ICR):
(a) Provide location services when the
			 request is for location services or when the form or documentation does not
			 include adequate location information on the obligor;
(b) When unable to proceed with the case
			 because of inadequate documentation, notify the initiating agency of the needed
			 information or corrections;
(c)
			 When the documentation received with a case is incomplete and cannot be
			 remedied without the assistance of the initiating agency, process the case to
			 the extent possible pending necessary action by the initiating
			 agency;
(3) Within ten
			 business days of locating the obligor in a different state, the CSEA must
			 return the forms and documentation, including the new location, to the
			 initiating agency, or if directed by the initiating agency, forward the forms
			 and documentation to the central registry in the state where the obligor has
			 been located, and notify the
			 ICR where the case has been sent;
(4) Within ten business days of locating the
			 obligor in a different county in Ohio, the CSEA shall:
(a)
										Determine which
			 county has administrative responsibility pursuant to rules
			 5101:12-10-03
			 and
			 5101:12-10-04
			 of the Administrative Code;
(b)
										Determine if a
			 transfer is required, and forward the forms and documentation to the county
			 with administrative responsibility; and
(c)
										Notify the
			 initiating agency and the Ohio ICR of the transfer.
(5) When the request is for the determination
			 of the controlling order:
(a) File the
			 controlling order determination request with the appropriate court within
			 thirty days of receipt of the request or location of the obligor, whichever
			 occurs later; and
(b) Notify the
			 initiating state agency, the controlling order state, and any state where a support order in the case was
			 issued or registered, of the controlling order determination and any reconciled
			 arrearages within thirty days of receipt of the determination from the
			 court.
(6) Provide any
			 necessary services as it would in an intrastate IV-D case as described in
			 division 5101:12 of the Administrative Code;
(7) Provide timely notice to the initiating
			 agency in advance of any hearing before a court that may result in
			 establishment or adjustment of an order;
(8) Identify any fees or costs deducted from
			 support payments when forwarding payments to the initiating agency;
(9) Within ten business days of receipt of
			 instructions for termination of services from an initiating state agency, stop
			 the income withholding notice and close the case, unless the two states reach
			 an agreement on how to proceed. If the controlling order was issued by Ohio,
			 the CSEA shall terminate services in accordance with rule
			 5101:12-10-70
			 of the Administrative Code.
When the CSEA has administrative responsibility for the Ohio
				controlling order, it shall remain the custodian
				of the records for the controlling order. The CSEA shall assist any agency that
				requests information or documentation needed for the registration or
				enforcement of the order.
(10) Notify the initiating agency when a case
			 is closed.