reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-70 - Intergovernmental Cases › Section 5101:12-70-05.5 - Establishment of paternity in an intergovernmental case

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 describes the responsibilities that an initiating or responding child support
			 enforcement agency (CSEA) has to establish paternity in intergovernmental
			 cases. When a determination of paternity has been made pursuant to the laws of
			 another jurisdiction, that determination must be recognized in Ohio, and the issue of paternity may not be re-litigated
			 or used as a defense to an action brought pursuant to
			 section
			 3115.315 of the Revised
			 Code.
(B) Paternity may be
			 established either by:
(1) Using long arm
			 jurisdiction, or
(2) Sending a
			 Uniform Interstate Family Support Act (UIFSA)(2008) petition
									that
			 requests the establishment of paternity from the initiating CSEA to an
			 interstate central registry (ICR) in a responding state or to the central
			 authority in another country or tribe.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-70 - Intergovernmental Cases › Section 5101:12-70-05.6 - Establishment of a child support order in an intergovernmental case

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 describes the responsibilities that an initiating or responding child support
			 enforcement agency (CSEA) has to establish a child support order in
			 intergovernmental cases. A request to establish a child support order may be
			 received as a separate request or as part of a request to establish paternity
			 and support.
(B) A child support
			 order may be established either by:
(1) Using
			 long arm jurisdiction, or
(2)
			 Sending a Uniform Interstate Family Support Act (UIFSA)(2008) petition that requests the establishment of a
			 child support order from an initiating CSEA to an interstate central registry
			 (ICR) in a responding state, or to the central authority of another country or
			 tribe.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-70 - Intergovernmental Cases › Section 5101:12-70-05.7 - Determination of the controlling order

Current through all regulations passed and filed through July 1, 2024
(A) The Uniform Interstate Family Support Act
			 (UIFSA)(2008) requires that only one valid order may exist for the purpose of
			 enforcing a support obligation prospectively, beginning with the date on which
			 the determination of controlling order is made. After a controlling order is
			 determined, it becomes the only order that may be prospectively enforced, and
			 sets the non-modifiable terms. Non-modifiable terms of a controlling order
			 include the duration of the order and the dates of the termination of the
			 order. A controlling order may not be determined more than once.
(B)
								As a result of
			 the "Full Faith and Credit for Child Support Orders Act,"
			 28 U.S.C.
			 1738B (9/29/2014) and the implementation of
			 UIFSA, multiple valid orders are not possible after January 1, 1998. Thus, the
			 need to complete the entire original hierarchy analysis of a controlling order
			 determination under UIFSA section 209 is rare. The initial step will always be
			 to ask the court to determine which order is valid.
(C)
			 When there is any question regarding the validity of an order, a controlling
			 order determination must be made. A controlling order determination shall only
			 be made by a court with personal jurisdiction over both the obligee and
			 obligor, and must be made prior to any enforcement action or any action to
			 modify a support order.
(D) The
			  child support enforcement agency
			 (CSEA) shall take the following steps before any actions can be taken:
(1) Identify all existing support
			 orders;
(2)
									Obtain certified copies of each
			 order along with payment records and arrearage calculations for each
			 order;
(3) Examine each
			 existing order to verify that it contains a current child support order provision and appears
			 valid on its face;
(4) Verify the current
			 residential state of the obligee, obligor, and child to which the order
			 applies;
(5)
									Determine in which state a determination of the
			 controlling order and reconciliation of arrearages may be made;
(6) Within twenty days of completing the
			 actions required in paragraphs (D)(1) to (D)(5) of this
			 rule and, if appropriate, receipt of any necessary information needed to
			 process the case, either:
(a)
										Proceed in accordance with paragraph
			 (E) of this rule when the CSEA determines that Ohio may issue a controlling
			 order determination;
										or
(b)
			 Refer any intergovernmental case to the appropriate state central registry,
			 tribal program, or central authority of a country for action,
			 when the CSEA determines that Ohio
			 may not issue a controlling order determination.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-70 - Intergovernmental Cases › Section 5101:12-70-05.8 - Enforcement of a support order in an intergovernmental case

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 describes the responsibilities that an initiating or responding child support
			 enforcement agency (CSEA) has to enforce support orders in intergovernmental
			 cases.
(B) When two or more support
			 orders exist, only the support order that has been determined to be the
			 controlling order may be enforced. Therefore, before any action is taken to
			 enforce a support order, the initiating CSEA shall conduct an investigation to
			 identify the number of support orders that may exist in the case and take any
			 necessary steps as described in rule 5101:12-70-05.3 of the Administrative
			 Code.
(C) Support orders
			 
								in interstate cases may be enforced either by:
(1)
									
									Sending a direct income
			 withholding as described in sections
			 3115.501 to
			 3115.507 of the Revised Code, if
			 it is verified that an obligor is employed or receives income in another state
			 and the CSEA determines that direct income withholding is available and
			 appropriate; or
(2) Sending a
			 Uniform Interstate Family Support Act (UIFSA)(2008) petition that requests the enforcement of
			 support from an initiating CSEA to an interstate central registry(ICR) in a responding state.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-70 - Intergovernmental Cases › Section 5101:12-70-05.9 - Modification of a controlling order in an intergovernmental case

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 describes the responsibilities that an initiating or responding child support
			 enforcement agency (CSEA) has to modify a controlling order in an
			 intergovernmental case.
(B) No part of the
			 controlling order may be modified that is not modifiable under the laws of the
			 state that issued the controlling order, such as the duration of the support
			 order.
(C) An Ohio controlling
			 order can be modified in Ohio only when either the obligor, individual obligee,
			 or the child resides in Ohio, or the parties have consented in a record or open
			 court that the tribunal in Ohio, may continue to exercise jurisdiction to
			 modify its order.
(D) A controlling order
			 shall only be modified by:
(1) The state
			 where the controlling order was issued when that state has continuing exclusive
			 jurisdiction (CEJ); or
(2) The
			 state where the non-requesting party resides when no state has CEJ;
			 or
(3) The state where all parties
			 have filed written consents to modify the order.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-70 - Intergovernmental Cases › Section 5101:12-70-05.10 - The child support enforcement network

Current through all regulations passed and filed through July 1, 2024
(A) This rule describes the responsibilities
			 of the child support enforcement agency (CSEA) to use the child support
			 enforcement network (CSENet) in the processing of interstate cases to the
			 greatest extent possible.
(B)
								"Child Support
			 Enforcement Network" (CSENet) means the electronic communications network
			 developed by the federal office of child support enforcement (OCSE) to transmit
			 and receive case information between states in a standardized format.
(C) The CSEA shall use
			 CSENet to take the following actions:
(1)
			 Request location information on a putative father or absent parent from a state
			 that has CSENet quick locate capability with Ohio. A CSENet "Quick Locate"
			 (LO1) transaction shall be used for this purpose.
(2) Request case information, including
			 support order information, from a state that has CSENet case status information
			 capability with Ohio. A CSENet "Case Status Information" (CSI) transaction
			 shall be used for this purpose.
(3)
			 Request the establishment of paternity from a state that has CSENet paternity
			 capability with Ohio. A CSENet "Paternity" (PAT) transaction shall accompany a
			 Uniform Interstate Family Support Act (UIFSA)(2008) petition for this purpose.
(4) Request the establishment of a support
			 order from a state that has CSENet establishment capability with Ohio. A CSENet
			 "Establishment" (EST) transaction shall accompany a UIFSA petition for this
			 purpose.
(5) Request the
			 enforcement of a support order from a state that has CSENet enforcement
			 capability with Ohio. A CSENet "Enforcement" (ENF) transaction shall accompany
			 a UIFSA petition for this purpose.
(6) Transmit case status and information to a
			 state that has CSENet managing state cases capability with Ohio. A CSENet
			 "Managing State Cases" (MSC) transaction shall be used for this
			 purpose.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-05 - Collection and disbursement

Current through all regulations passed and filed through July 1, 2024
(A) The Personal Responsibility and Work
			 Opportunity Reconciliation Act (PRWORA) of 1996, 110 Stat. 2105,
			 42 U.S.C.
			 654b, requires all states to operate a state
			 disbursement unit (SDU) for the purpose of
			 collecting and disbursing support payments from a single physical location. The
			 SDU must be integrated with a statewide automated
			 child support system.
(B) In
			 accordance with PRWORA and section
			 3121.43 of the Revised Code, a
			 payment due under a support order shall be collected and disbursed by the
			 SDU in the office of child support (OCS) within the
			 Ohio department of job and family services. SDU, which is integrated with the
			 support enforcement tracking system (SETS), is divided into two operations:
(1) Child support payment central (CSPC),
			 which is responsible for collecting and disbursing payments, and
(2) Payment analysis and account
			 reconciliation (PAAR). PAAR has two sections:
(a) Payment analysis, which is responsible
			 for completing financial corrections, establishing recoupment accounts, issuing
			 manual checks, and processing exception items; and
(b) Account reconciliation, which is
			 responsible for reconciling the accounts used by SDU in providing support
			 enforcement program services, including return deposit items.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-05.1 - Collection at the child support enforcement agency

Current through all regulations passed and filed through July 1, 2024
(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  changes by
			 the CSEA and by the last day of March each year,
			 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
			 OCS. 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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-05.2 - Date of collection

Current through all regulations passed and filed through July 1, 2024
(A)
								The date of collection is the date the payment is
			 posted  in the child support
			 payment central (CSPC) automated payment processing system.
(B) The date of collection for internal
			 revenue service (IRS)  payments is the date the office of child support (OCS)
			 receives the tax offset file from the federal office of child support
			 enforcement (OCSE) .
(C) A payment received by CSPC after the
			 financial processing is completed for the day is considered to be received on
			 the next business day.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-05.3 - Payment processing and disbursement

Current through all regulations passed and filed through July 1, 2024
(A) Payment processing involves five steps:
(1) A payment is deposited in a child support
			 payment central (CSPC) collection account and transferred to the office of
			 child support master concentration account.
(2) The payment is posted when
			 there is sufficient information,
									including at least two of the five posting
			 identifiers, as defined in paragraph (C) of rule
			 5101:12-80-05
			 of the Administrative Code, all without
			 conflict.
(3) The payment is
			 transferred via electronic file from the CSPC automated payment processing
			 system to the support enforcement tracking system (SETS).
(4) The payment is 
									applied to
			 the corresponding case/order combination or recoupment account in
			 SETS.
(5) The payment is
			 disbursed.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-05.4 - Exception item processing and resolution

Current through all regulations passed and filed through July 1, 2024
(A)
								The purpose of
			 this rule is to identify the responsibilities of the office of child support
			 (OCS) and the child support enforcement agency (CSEA) to process an exception
			 item in order to disburse the payment.
(B)
								Suspense
			 payment.
(1)
									A
			 suspense payment is a payment that is deposited and posted by child support
			 payment central (CSPC) but is not applied to a support enforcement tracking
			 system (SETS) case/order number, a recoupment account, or a recollection
			 account. A suspense payment includes, but is not limited to, a payment that
			 does not contain sufficient posting identifiers without conflict, and/or when a
			 balance remains after the obligations have been correctly
			 applied.
(2)
									The CSEA will research a suspense payment when
			 requested by the state disbursement unit (SDU). The CSEA will reply with
			 posting instructions within two business days of receiving the request from the
			 SDU.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-05.5 - Check replacement

Current through all regulations passed and filed through July 1, 2024
(A) This rule describes the process to
			 replace a check issued by child support payment central (CSPC) when the check
			 is lost, stolen, destroyed, or mutilated.
(B) When the payee requests a replacement
			 check because the original check was mutilated and the payee submits the
			 mutilated check with the request, the child support enforcement agency (CSEA)
			 shall mark "void" on the mutilated check and fax a copy of the JFS 07741,
			 "Child Support Payment Central (CSPC) Check Void Request" (effective or
			 revised effective date as identified in rule
			 5101:12-80-99
			 of the Administrative Code) and the mutilated check to CSPC.
(C) When the payee requests a replacement
			 check because the original check was lost, stolen, or destroyed and the payee
			 does not have the original check, the CSEA shall verify whether the original
			 check has been redeemed. The CSEA shall complete the verification no earlier
			 than fourteen days after the date that the original check was issued.
(1) When the original check is not redeemed,
			 the CSEA shall have the payee complete the JFS 04021, "Affidavit for stop
			 payment" (effective or revised effective date as identified in rule
			 5101:12-80-99
			 of the Administrative Code), and the JFS 07749, "Child Support Payment
			 Central (CSPC) Stop Payment Request" (effective or revised effective date as
			 identified in rule
			 5101:12-80-99
			 of the Administrative Code). The payee shall have the JFS 04021 notarized
			 and shall return the documents to the CSEA and the CSEA shall submit the
			 documents to CSPC.
(2) When the
			 original check is redeemed, the CSEA shall notify the payee that the original
			 check has been redeemed and is not eligible for
			 replacement.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-05.6 - Recoupment

Current through all regulations passed and filed through July 1, 2024
(A) Recoupment is a
			 process that is used to:
(1)
									Recover an incorrect disbursement in
			 order to reimburse an entity that covered the fiscal impact of a misapplied
			 payment;
(2) Refund overpaid
			 child support to an obligor upon termination of a support order, in response to
			 a request from an obligor for the refund or pursuant to an order. "Overpaid
			 child support" has the same meaning as in rule
			 5101:12-50-20
			 of the Administrative Code; or
(3)
									Recover an
			 internal revenue service (IRS) adjustment in accordance with rule
			 5101:12-50-32.9 of the Administrative Code.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-07 - Mandatory electronic disbursement

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with section
			 3121.50
			 of the Revised Code, the office of child support, Ohio department of job and
			 family services, is authorized to issue, and support obligees required to
			 accept the issuance of, support payments by means of electronic disbursement.
			 The purpose of electronic disbursement of support payments is to reduce the
			 time  to deliver support payments
			 to obligees.
(B) "Electronic
			 disbursement" means a form of electronic funds transfer by means of direct
			 deposit to a bank, savings and loan, or credit union account, or transfer to a
			  stored-value
			 card.
(C) Issuance of support
			 payments by paper check from the office of child support shall cease as soon as
			 practicable and payments to support obligees shall be delivered by electronic
			 disbursement.
(D) Unless the
			 obligee can establish the existence of circumstances that would render access
			 to funds disbursed by electronic means impossible, a request by an obligee to
			 continue to receive payments by paper check will not be granted.
(E)
								An obligee may
			 request an exception to mandatory electronic disbursement by submitting a
			 completed JFS 07010, "Request for Exception to Electronic Disbursement
			 Enrollment" (effective or revised effective date as identified in rule
			 5101:12-80-99
			 of the Administrative Code) to Ohio child support payment
			 central.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-09 - Unreimbursed assistance

Current through all regulations passed and filed through July 1, 2024
(A) The unreimbursed assistance (URA) is the
			 total amount of assistance paid to the family that has not been reimbursed from
			 child support and spousal support collections retained by the Ohio department
			 of job and family services pursuant to the assignment of support. This rule
			 describes when assistance paid to the family is to be included in the
			 URA.
(B) Definitions.
(1) The following definitions apply to all
			 rules in division 5101:12 of the Administrative Code.
(a) "Assistance" and "assistance paid to the
			 family" have the same meaning as in action transmittal 99-10 (9/15/1999), which
			 can be located on the federal office of child support enforcement's
			 website.
(b) "Unreimbursed
			 assistance" means the cumulative amount of assistance paid to the family that
			 has not been repaid by retained assigned support collections.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-10 - Allocation hierarchy for support collections

Current through all regulations passed and filed through July 1, 2024
(A) All support collections shall allocate
			 according to the standard hierarchy described in this rule except as follows:
(1) When a support collection is received
			 from unemployment compensation, the collection shall not allocate to spousal
			 support, processing charges, or debt.
(2) When a support collection is received
			 from a state income tax refund offset, the collection shall not allocate to
			 processing charges or debt.
(3)
			 When a support collection is received from a federal income tax refund offset,
			 the collection shall allocate in accordance with rule 5101:12-80-10.1 of the
			 Administrative Code.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-10.1 - Allocation hierarchy for federal income tax refund offset collections

Current through all regulations passed and filed through July 1, 2024
(A) A federal
			 income tax refund offset collection shall allocate to arrears that are eligible
			 to be submitted for federal refund tax offset, as described in paragraph (C) of
			 rule 5101:12-50-32.1 of the Administrative Code.
(B) The collection shall allocate according
			 to the following hierarchy:
(1) First to
			 permanently assigned child support arrears;
(2) Then to permanently assigned past care
			 support arrears;
(3) Then to
			 permanently assigned spousal support arrears;
(4) Then to assigned conditionally assigned
			 child support arrears;
(5) Then to
			 assigned conditionally assigned past care support arrears;
(6) Then to assigned conditionally assigned
			 spousal support arrears;
(7) Then
			 to unassigned conditionally assigned child support arrears;
(8) Then to unassigned conditionally assigned
			 past care support arrears;
(9) Then
			 to unassigned conditionally assigned spousal support arrears;
(10) Then to never assigned child support
			 arrears;
(11) Then to never
			 assigned past care support arrears;
(12) Then to never assigned spousal support
			 arrears;
(13) Then to assigned cash
			 medical support arrears;
(14) Then
			 to assigned ongoing medical support arrears;
(15) Then to reimbursement for birth costs
			 ordered to be paid to the Ohio department of job and family services
			 (ODJFS);
(16) Then to reimbursement
			 for medical expenses other than birth costs ordered to be paid to
			 ODJFS;
(17) Then to unassigned
			 during assistance child support arrears;
(18) Then to unassigned during assistance
			 past care support arrears;
(19)
			 Then to unassigned during assistance spousal support arrears;
(20) Then to unassigned cash medical support
			 arrears;
(21) Then to unassigned
			 ongoing medical support arrears;
(22) Then to reimbursement for medical
			 expenses ordered to be paid to an individual other than ODJFS.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-10.2 - Prorating support collections

Current through all regulations passed and filed through July 1, 2024
(A) When the office of child support (OCS) or
			 a child support enforcement agency (CSEA) receives a collection for or from an
			 obligor with more than one support order and there are no instructions included
			 with the collection or remitter instructions cannot be obtained for
			 apportioning the payment between the support orders, OCS or the CSEA shall
			 identify the qualified support orders and prorate the collection. A prorated
			 collection shall be allocated in accordance with rules
			 5101:12-80-10
			 and 5101:12-80-10.1 of the Administrative Code.
(B) For the purpose of the calculations
			 described in this rule:
(1) A support order or
			 a case without a support order is considered a "qualified" support order when:
(a) The collection is received as a result of
			 a notice of proposed action having been issued to the obligor; or
(b) The obligor makes the support payment and
			 a notice of proposed action has not been issued to the obligor.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-14 - Limited assignment, PRWORA assignment, and distribution of assigned support collections

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule is to provide
			 definitions and describe the provisions of limited assignment and Personal
			 Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)
			 assignment. This rule and its supplemental rules do not
			 apply to medical support.
(B) The following definitions are applicable
			 to this rule and its supplemental rules:
(1)
			 "Assignment period" means a finite time period when support is assigned because
			 public assistance or Title IV-E foster care maintenance (FCM) benefits are
			 received. Any break in the public assistance or FCM benefits is a termination
			 of the assignment period.
(2)
			 "Current assistance case" means a IV-D case currently receiving public
			 assistance or FCM benefits.
(3)
			 "Distribution" means the monthly process of determining the amount of a support
			 collection the Ohio department of job and family services (ODJFS) is entitled
			 to retain pursuant to a public assistance or FCM assignment, and the amount of
			 the collection owed to the family.
(a) The
			 support enforcement tracking system (SETS) calculates distribution during month
			 end processing.
(b) The child
			 support enforcement agency (CSEA) shall use the JFS 07027, "Single Order
			 Distribution Record" (effective or revised effective date as identified in rule
			 5101:12-80-99
			 of the Administrative Code), and JFS 07028, "Multiple Order Distribution
			 Record" (effective or revised effective date as identified in rule
			 5101:12-80-99
			 of the Administrative Code), to complete distribution on support collections
			 received before a case was converted to SETS.
(4) "Former assistance case" means a IV-D
			 case that formerly received public assistance or FCM benefits.
(5) "Limited assignment," in accordance with
			 42 U.S.C.
			 608(a)(3) (June 18, 2008),
			 means child, past care, or spousal support is assigned to ODJFS pursuant to a
			 public assistance assignment only during the period that the child or family
			 receives public assistance.
"Limited assignment" applies to child, past care, and spousal
				support that is assigned on or after October 1, 2009.
(6) "Personal Responsibility and Work
			 Opportunity Reconciliation Act of 1996 (PRWORA) assignment" means child, past
			 care, or spousal support is assigned to ODJFS pursuant to a public assistance
			 assignment in accordance with paragraph (D) of this rule.
"PRWORA assignment" applies to child, past care, and spousal
				support that is assigned on or after October 1, 1997 and before October 1,
				2009.
(7) "Public
			 assistance" is defined in rule
			 5101:12-80-10
			 of the Administrative Code.
(8)
			 "Sweep" means the transfer of a balance amount from one account to another as a
			 result of an assignment period starting or terminating.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-14.1 - Distribution of assigned support in a Title IV-D public assistance case

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of
			 this rule is to describe distribution in a Title IV-D public assistance
			 case.
(B) In a current assistance
			 case, support collections shall be distributed as follows:
(1) Current obligation.
(a) The amount collected for and applied to
			 the current obligation that is less than or equal to the current month's public
			 assistance grant shall be retained and used to reimburse the current month's
			 public assistance grant.
Following reimbursement, the balance of the current month's
				public assistance grant shall be added to the unreimbursed assistance (URA)
				amount.
(b) The amount
			 collected for and applied to the current obligation that exceeds the current
			 month's public assistance grant shall be retained and used to reimburse the
			 URA.
(c) The amount collected for
			 and applied to the current obligation that exceeds the current month's public
			 assistance grant and the URA amount shall be owed to the
			 obligee.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-14.2 - Assignment and distribution in a Title IV-D/Title IV-E foster care maintenance case

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule is to describe
			 the provisions of assignment and distribution in a Title IV-D/Title IV-E foster
			 care maintenance (FCM) case.
(B)
			 Upon the effective date of the FCM assignment period:
(1) Current child support is assigned to
			 Ohio department of job and family services
			 (ODJFS).
(2) Never assigned child support arrears
			 sweep to permanently assigned child support arrears.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-25 - Unclaimed funds

Current through all regulations passed and filed through July 1, 2024
(A) Support payments collected and
			 distributable by the Ohio department of job and family services office of child
			 support that meet the requirements of this rule shall be reported and remitted
			 to the Ohio department of commerce division of unclaimed funds in accordance
			 with the procedures set forth in section
			 169.03 of the Revised Code.
(B) For the purposes of this rule,
			 the following assumptions are made:
(1) In
			 accordance with section
			 3125.02 of the Revised Code, the
			 office of child support is a person formed under the laws of the state of Ohio.
(2) In accordance with section
			 3121.48 of the Revised Code, the
			 office of child support is a holder of money as trustee for remittance of
			 support payments it receives to the person entitled to receive the support
			 payment.
(3) As trustee pursuant
			 to section 3121.48 of the Revised Code, the
			 office of child support is a fiduciary for the benefit of the person entitled
			 to receive a support payment.
(4)
			 The person entitled to receive a support payment in accordance with Chapter
			 3121. of the Revised Code is the owner of the support payment and shall be
			 referred to in this rule and any supplemental rule(s) as the "obligee," as that
			 term is defined in division (B)(3) of section
			 3119.01 of the Revised Code.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-80 - CSPC System › Section 5101:12-80-99 - Chapter 5101:12-80 forms - collections and disbursements

Current through all regulations passed and filed through July 1, 2024
The forms identified in this rule are referenced within various
				rules contained within division 5101:12 of the Administrative Code. The
				effective or revised effective dates of the forms are as follows:
(A) JFS 04021, "Affidavit for stop payment"
			 (rev. 12/2002);
(B) JFS 04090,
			 "Notice of Erroneous Payment" (rev. 04/2007);
(C) JFS 07010, "Request for Exception to
			 Electronic Disbursement Enrollment" (rev. 06/2021)
(D) JFS 07026, "Recoupment Account
			 Maintenance Request" (rev. 02/2020);
(E) JFS 07027, "Single Order Distribution
			 Record" (rev. 06/1993);
(F) JFS
			 07028, "Multiple Order Distribution Record" (rev. 06/1993);
(G) JFS 07031, "Recoupment Account Creation
			 Request" (rev. 02/2020);
(H) JFS
			 07736, "Child Support Enforcement Agency Payment Processing Declaration" (rev.
			 11/2021);
(I) JFS 07741, "Child Support Payment Central
			 (CSPC) Check Void Request (rev. 4/2022); and
(J) JFS 07749, "Child Support Payment Central
			 (CSPC) Stop Payment Request (rev. 7/2019).
Ohio Administrative Code › Title 5101:14 - Youth Employment Programs › Chapter 5101:14-1 - Comprehensive Case Management and Employment Program › Section 5101:14-1-01 - Comprehensive case management and employment program: definitions

Current through all regulations passed and filed through July 1, 2024
The following definitions apply to this rule and other rules in
				division 5101:14 of the Administrative Code.
(A) "Adult mentoring" means providing a
			 one-to-one relationship between an adult and a youth, whose purpose is to build
			 positive, supportive relationships between youth and adults and to provide
			 positive adult role models for youth.
(B) "Basic skills deficient" means a youth
			 who has English reading, writing, or computing skills at or below the eighth
			 grade level on a generally accepted standardized test or who is unable to
			 compute or solve problems, or read, write, or speak English, at a level
			 necessary to function on the job, in the individual's family, or in
			 society.
(C) "Career pathway" means
			 a combination of rigorous and high-quality education, training, and other
			 services that:
(1)
									Help an individual enter a career and develop a plan for
			 career advancement within a specific occupation, occupational cluster or
			 industry through increased work experience, education and/or credential
			 attainment.
(2) Align with the
			 skill needs of industries in the economy of the state or regional economy
			 involved;
(3) Prepare an
			 individual to be successful in any of a full range of secondary and
			 postsecondary education options, including apprenticeships registered under the
			 National Apprenticeship Act (1932);
(4) Include counseling
			 to support an individual in achieving the individual's education and career
			 goals;
(5) Include, as
			 appropriate, education offered concurrently with and in the same context as
			 workforce preparation activities and training for a specific occupation or
			 occupational cluster;
(6) Organize education,
			 training, and other services to meet the particular needs of an individual in a
			 manner that accelerates the educational and career advancement of the
			 individual to the extent practicable; and
(7) Enable an
			 individual to attain a secondary school diploma or its equivalent, and at least
			 one recognized post-secondary credential.
Ohio Administrative Code › Title 5101:14 - Youth Employment Programs › Chapter 5101:14-1 - Comprehensive Case Management and Employment Program › Section 5101:14-1-02 - Comprehensive case management and employment program: general

Current through all regulations passed and filed through July 1, 2024
(A) What is the
			 comprehensive case management and employment program?
(1)
									The
			 comprehensive case management and employment program (CCMEP) is a Title IV-A
			 program, a family services duty, and workforce development activity that
			 provides employment, training services and other supportive services to
			 mandatory and voluntary program participants based upon a comprehensive
			 assessment of an individual participant's employment and training
			 needs.
(2)
									The purpose of CCMEP is to help participants enter a career
			 pathway and attain long-term self-sufficiency prior to program exit in
			 accordance with rule 5101:14-01-06 of the Administrative
			 Code.
Ohio Administrative Code › Title 5101:14 - Youth Employment Programs › Chapter 5101:14-1 - Comprehensive Case Management and Employment Program › Section 5101:14-1-04 - Comprehensive case management and employment program: referral, comprehensive assessment, individual service strategy and individual opportunity plan

Current through all regulations passed and filed through July 1, 2024
(A) What is a
			 referral?
(1) A referral is the act of
			 directing an individual to the lead agency no later than seven calendar days
			 from when the individual is required or volunteers to participate as described
			 in paragraph (B) of rule
			 5101:14-1-02
			 of the Administrative Code in the comprehensive case management and employment
			 program (CCMEP).
(2) A referral
			 shall take place for Ohio works first (OWF) work-eligible individuals as
			 described in paragraph (B)(2) of rule
			 5101:1-2-01
			 of the Administrative Code.
Ohio Administrative Code › Title 5101:14 - Youth Employment Programs › Chapter 5101:14-1 - Comprehensive Case Management and Employment Program › Section 5101:14-1-05 - Comprehensive case management and employment program: case management

Current through all regulations passed and filed through July 1, 2024
(A) What are
			 comprehensive case management and employment program (CCMEP) requirements?
(1) Case management requirements shall
			 include:
(a) Engagement with each program
			 participant using evidence-based practices to provide employment and training
			 services, supports, and referrals to become self-sufficient and employed. Case
			 managers shall make persistent and reasonable attempts to engage with the
			 program participant no less than once every thirty calendar days and shall
			 review and revise the individual opportunity plan (IOP) as needed.
			 Case managers are to enter case notes for each
			 engagement attempt in Ohio's workforce case management system.
(b) Communication with the local
			 participating agency within ten calendar days of the failure when a mandatory
			 Ohio works first (OWF) work eligible program participant fails to comply with
			 the terms of an IOP and any information regarding good cause that the program
			 participant has provided.
(c)
			 Communication with the local participating agency when a mandatory Ohio works
			 first (OWF) work eligible program participant is exited from CCMEP in
			 accordance with rule
			 5101:14-1-06
			 of the Administrative Code.
Ohio Administrative Code › Title 5101:14 - Youth Employment Programs › Chapter 5101:14-1 - Comprehensive Case Management and Employment Program › Section 5101:14-1-06 - Comprehensive case management and employment program: program exit and follow-up services

Current through all regulations passed and filed through July 1, 2024
(A) When may a lead agency propose to end
			 comprehensive case management and employment program (CCMEP) services for a
			 program participant?
The lead agency may propose to end CCMEP services for a program
				participant who is not an Ohio works first (OWF) mandatory participant between
				the ages of fourteen and twenty-four in receipt of OWF when:
(1) The program participant has successfully
			 entered post-secondary education, military enlistment or deployment, and/or
			 unsubsidized employment and no longer needs CCMEP services;
(2) The program participant has been awarded
			 social security disability insurance (SSDI) or supplemental security income
			 (SSI) by the social security administration and has made application for
			 services with opportunities for Ohioans with disabilities; or
(3) The program participant has not engaged
			 in CCMEP services and activities on at least five occasions without explanation
			 and the lead agency has made reasonable efforts to provide services and to
			 re-engage the program participant.
(4) The program participant is not eligible
			 for temporary assistance for needy families (TANF) or Workforce Innovation and
			 Opportunity Act of 2014 (WIOA)
			 funding; or the lead agency lacks
			 funding the program participant is eligible for in accordance with paragraph
			 (E) of this rule.
Ohio Administrative Code › Title 5101:14 - Youth Employment Programs › Chapter 5101:14-1 - Comprehensive Case Management and Employment Program › Section 5101:14-1-07 - Comprehensive case management and employment program: primary performance measures

Current through all regulations passed and filed through July 1, 2024
(A) What are the
			 comprehensive case management and employment (CCMEP) primary performance
			 measures?
There are 
									six primary performance measures for each lead
				agency:
(1) The percentage of
			 program participants that are in unsubsidized employment, education, or
			 training activities during the second quarter after exit.
(2)
			 The percentage of program participants that are in unsubsidized employment,
			 education, or training activities during the fourth quarter after
			 exit.
(3) The percentage of
			 program participants that were in an education or training program while
			 enrolled in CCMEP who obtain a recognized post-secondary credential, or a
			 secondary school diploma or its recognized equivalent during participation in
			 or within one year after exit from CCMEP. A program participant who has
			 attained a secondary school diploma or its recognized equivalent can only be
			 included in this measure if the program participant is also employed or is
			 enrolled in an education or training program leading to a recognized
			 postsecondary credential within one year after exit from the program.
(4)
			 The median earnings of program participants who are in unsubsidized employment
			 during the second quarter after exit.
(5) The percentage of
			 program participants who are in an education or training program that leads to
			 a recognized postsecondary credential, a secondary school diploma or its
			 recognized equivalent, or employment and who are achieving measurable skill
			 gains toward such a credential or employment. Measurable skill gains are
			 documented academic, technical, occupational, or other forms of progress. If
			 measuring educational functioning level (EFL) gains after program enrollment,
			 an approved department of education national reporting system assessment must
			 be used for both the EFL pre-test and post-test to determine an individual's
			 educational functioning level.
(6)
									The effectiveness in serving employers.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-2 - Determination, Reduction of Sentence › Section 5120-2-03 - Determination of minimum, maximum and definite sentences when multiple sentences are imposed

Current through all regulations passed and filed through July 1, 2024
(A) This rule applies only to prison terms
			 imposed for offenses committed before July 1, 1996. Any sentence of
			 imprisonment to the department of rehabilitation and correction
			 
								is to
			 be served consecutively to any other sentence of imprisonment in the following
			 cases:
(1) The trial court specifies that it
			 is to be served consecutively to another sentence;
(2) It is imposed for a new felony committed
			 by a probationer, parolee, or escapee;
(3) It is a three-year term of actual
			 incarceration imposed pursuant to section
			 2929.71 or
			 2929.72 of the Revised Code, in
			 effect prior to July 1, 1996, for using a firearm in commission of an
			 offense;
(4) It is imposed for a
			 violation of section 2921.34 of the Revised Code
			 (escape), division (B) of section
			 2917.02 of the Revised Code
			 (aggravated riot committed by an inmate in a detention facility), or division
			 (B) of section 2921.35 of the Revised Code
			 (aiding escape or resistance to authority committed by a person confined in a
			 detention facility).
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-2 - Determination, Reduction of Sentence › Section 5120-2-03.2 - Determination of multiple sentences

Current through all regulations passed and filed through July 1, 2024
(A) As used in this rule:
(1) "Senate Bill 2 sentence" means a prison
			 term imposed for offenses committed on or after July 1, 1996 but before
			 September 30, 2011.
(2) "Pre-Senate
			 Bill 2 sentence" means prison terms imposed for offenses committed before July
			 1, 1996. "Pre-Senate Bill 2 sentence" includes both definite and indefinite
			 sentences.
(3) "Pre-Senate Bill 2
			 definite sentence" means definite prison terms imposed for offenses committed
			 before July 1, 1996.
(4)
			 "Pre-Senate Bill 2 indefinite sentence" means indefinite sentences imposed for
			 offenses committed before July 1, 1996.
(5) "House Bill 86 sentence" means a prison
			 term imposed for offenses committed on or after September 30, 2011, which are
			 subject to the earned credit provisions of section
			 2967.193 of the Revised Code as
			 amended by House Bill 86 of the 129th General Assembly.
(6) "
									Senate Bill
			 201 sentence" means a non-life felony indefinite prison term imposed for a
			 first or second degree felony offense, that is not subject to life imprisonment
			 and was committed on or after March 22, 2019.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-2 - Determination, Reduction of Sentence › Section 5120-2-07 - Days of credit for maintaining minimum security

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided by paragraphs (F),
			 (G), (H), (I) and (J) of this rule, any offender who maintains minimum security
			 status as defined by paragraphs (A), (B), and (C) of this rule is entitled to
			 have three days of credit deducted from his minimum or definite sentence for
			 each full month he remains at such status.
(B) Except as provided in paragraph (C) of
			 this rule, "an offender on minimum security status" 
								is
								 defined as an offender designated as
			 minimum security pursuant to this department's "Inmate Security Designation and
			 Supervision Classification Manual" or as an offender who has been released on
			 furlough for employment or education pursuant to section
			 2967.26 of the Revised
			 Code.
(C) Notwithstanding paragraph
			 (B) of this rule:
(1) No offender confined in
			 security control or disciplinary control as a result of a violation of
			 institution rules or in local control or administrative control
			 is considered to be on minimum security status during
			 the time spent in such control status.
(2) No furloughee confined in any jail as a
			 result of an alleged violation of any furlough rule is
			 considered to be on minimum security status for the time spent confined
			 in such jail.
(3) No offender who
			 is declared to be absent without leave from the institution and no furloughee
			 who is declared a furlough violator at large is considered to be on
			 minimum security.