reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5101:11 - Apprenticeship Council › Chapter 5101:11-7 - Exemptions › Section 5101:11-7-02 - Complaint process

Current through all regulations passed and filed through July 1, 2024
(A)
								Filing of
			 complaints. A complaint alleging non-compliance with any rule under division
			 5101:11 of the Administrative Code, may be submitted to the council office by
			 an apprentice or his/her authorized representative. To qualify for council
			 office action, the complaint will need to meet the criteria stated in the
			 public notice of complaint procedure, as described by paragraph (B) of this
			 rule.
(B)
								Public notice of complaint procedures. Each sponsor is
			 to provide written notice of the complaint procedures described in this rule.
			 The notice is to be: provided along with any forms used in applications for
			 apprenticeship; displayed in prominent, publicly available locations where all
			 apprentices will see it; and in every feasible way made familiar to people
			 involved or interested in the program. The notice is to contain the following
			 specific wording:
"Your Right to File a Complaint.
				Registered Apprenticeship programs shall abide by all state rules in division
				5101:11 of the Administrative Code. Under these rules and other legal codes,
				discrimination is prohibited against an apprenticeship applicant or apprentice
				based on Hispanic ethnicity, race, color, religion, national origin, sex
				(including pregnancy and gender identity), sexual orientation, age over forty
				years, genetic information, or disability. Registered program sponsors and
				employers shall ensure equal opportunity (EEO) with regard to all terms,
				conditions, and privileges associated with apprenticeship. If you think that
				you have been subjected to, or have observed, any violation of state
				apprenticeship rules, you may file a complaint with the apprenticeship council
				office of the Ohio department of job and family services, care of [INSERT THE
				NAME, OFFICE &/OR E-MAIL ADDRESS, AND PHONE NUMBER OF THE COUNCIL OFFICE
				EMPLOYEE WHO IS RESPONSIBLE FOR RECEIVING COMPLAINTS]. To qualify for council
				office review and response, the complaint is to meet the following
				criteria:"
(1)
									"The following deadlines apply:
(a)
										In matters
			 concerning EEO, the complaint generally is to be filed with the council office
			 no later than one hundred eighty days from the date of the latest alleged
			 violation. The deadline may be extended by the council office for good cause
			 shown. The designation of this time frame for filing is for the council
			 office's administrative convenience and does not create a defense for the
			 respondent against whom the complaint is lodged.
(b)
										In matters not
			 concerning EEO, the complaint is to be submitted to the council office between
			 one and sixty days after final completion of all complaint resolution and
			 appeals procedures that are available under the program standards and, if
			 applicable, a collective bargaining agreement."
Ohio Administrative Code › Title 5101:11 - Apprenticeship Council › Chapter 5101:11-7 - Exemptions › Section 5101:11-7-03 - Compliance findings

Current through all regulations passed and filed through July 1, 2024
The provisions of this rule apply to
				programs that have been fully registered based on favorable results of a
				first-year or first-cycle compliance review, as described in rule
				5101:11-3-01
				of the Administrative Code.
(A)
								After completing a compliance review or complaint
			 investigation, the council office will:
(1)
									Develop a
			 complete case record that contains, but is not limited to, the following:
(a)
										The type of
			 procedure involved (complaint investigation or compliance review); the date(s)
			 when it occurred; and the program that was its subject;
(b)
										The location and
			 nature of each task performed in the procedure;
(c)
										For each
			 interview, if any, conducted in the course of the procedure: the date, time,
			 and place (or electronic medium) of its occurrence; the name, address, and
			 phone number of each person participating, and his/her role in the discussion;
			 and a summary of the discussion, including questions posed and the resulting
			 answers and statements;
(d)
										A copy of each pertinent document, including, where
			 appropriate, any transcript and/or summary of information not obtained as a
			 written record;
(e)
										A narrative report of the procedure, citing each item
			 of evidence which relates to any alleged violation; and
(f)
										A conclusion,
			 citing all supporting arguments and evidence, as to whether the sponsor is
			 non-compliant with any rule(s) under division 5101:11 of the Administrative
			 Code, and if so, which one(s) it violated and in what manner.
Ohio Administrative Code › Title 5101:11 - Apprenticeship Council › Chapter 5101:11-8 - Exemptions › Section 5101:11-8-01 - Response to findings of non-compliance

Current through all regulations passed and filed through July 1, 2024
Upon expiration of the time allowed for
				corrective action in response to a complaint or compliance review finding, or
				upon issuance of a notice of findings where such allowance is not made, the
				following steps need to be taken:
(A)
								Internal records.
			 The council office will provide each member of the apprenticeship council, with
			 a copy of: the relevant case record; the notice of compliance findings
			 described in paragraph (A) of rule
			 5101:11-7-03
			 of the Administrative Code; and the notice of enforcement proceedings described
			 in paragraph (B) of this rule.
(B)
								Notice to
			 affected parties. The council office will issue a written notice of enforcement
			 proceedings to the sponsor by registered or certified mail, return receipt
			 requested. A copy of the pertinent notice of compliance findings will be
			 enclosed. These materials will also be provided at the same time to the
			 complainant(s) involved, if any, by such means as the council office deems
			 appropriate. The notice of enforcement proceedings are to state the
			 following:
(1)
									That the notice is sent pursuant to this
			 rule;
(2)
									That the sponsor was informed of the rule violation(s)
			 described in the enclosed notice of compliance findings, and that the sponsor
			 has failed to effect remediation in the time allowed;
(3)
									That within
			 fifteen days of receipt of this notice, the sponsor may request a hearing
			 pursuant to rule 5101:11-8-02 of the Administrative Code, in order to challenge
			 the accuracy of the stated findings; and
(4)
									That due to the
			 stated violation(s) and failure of remedy, if the request for a hearing is not
			 made or if a hearing occurs that fails to disprove the findings, the council
			 office will make a determination with respect to de-registration, in accordance
			 with paragraphs (C) to (E) of this rule.
Ohio Administrative Code › Title 5101:11 - Apprenticeship Council › Chapter 5101:11-8 - Exemptions › Section 5101:11-8-02 - Hearings

Current through all regulations passed and filed through July 1, 2024
(A)
								Within ten days of receiving a request for a hearing
			 under rule
			 5101:11-8-01 of the
			 Administrative Code, the council office, with the exception noted in this
			 paragraph, will appoint a hearing officer. The exception is that in cases
			 involving equal employment opportunity (EEO) non-compliance, the appointment is
			 to be made in the same period by the chairperson or if he/she encounters an
			 impediment or a conflict of interest in doing so, then by his/her designee. If
			 the chairperson appoints a designee, the latter is to be another council
			 member.
(B)
								The hearing officer will promptly schedule the hearing,
			 pursuant to consultation with the sponsor involved, as to a mutually convenient
			 place, date, and time. The proceeding is to occur within thirty days of this
			 consultation. If the sponsor's authorized representative can neither attend a
			 hearing within that period, nor assign a responsible spokesperson to do so,
			 then the hearing will proceed without sponsor representation.
(C)
								Immediately on
			 scheduling this event, the officer will provide to the sponsor a hearing
			 notice, as well as a copy of the relevant notice of enforcement proceedings.
			 These materials are to be transmitted by registered mail, return receipt
			 requested. The hearing notice will state the following:
(1)
									The date, time
			 and place of the hearing;
(2)
									That the hearing has been scheduled pursuant to this
			 rule and the sponsor's request, and will be in reference to issues raised in
			 the enclosed notice of enforcement proceedings;
Ohio Administrative Code › Title 5101:11 - Apprenticeship Council › Chapter 5101:11-8 - Exemptions › Section 5101:11-8-03 - Reinstatement of program registration

Current through all regulations passed and filed through July 1, 2024
(A)
								Upon request to
			 the council office, a sponsor may reverse a voluntary de-registration within
			 six months of its effective date, provided that on that date the council office
			 had no current grounds to initiate involuntary de-registration
			 proceedings.
(B)
								Within one year of cancellation for non-compliance with
			 equal employment opportunitym(EEO) rules, a program's registration may be
			 reinstated, contingent on council office approval and receipt from the sponsor
			 of adequate evidence that the program conforms to those rules.
(C)
								Within one year
			 of de-registration for inactivity as defined under paragraph (C)(2) of rule
			 5101:11-3-02
			 of the Administrative Code, the council office may grant reinstatement, if it
			 determines that the program in question:
(1)
									Has an acceptable
			 set of current standards; and
(2)
									Is prepared to
			 immediately enroll one or more apprentice(s).
Ohio Administrative Code › Title 5101:11 - Apprenticeship Council › Chapter 5101:11-9 › Section 5101:11-9-01 - Exemptions

Current through all regulations passed and filed through July 1, 2024
Any request for exemption from any
				provision under division 5101:11 of the Administrative Code is to be made in
				writing to the council office and contain a statement of reasons supporting the
				request. Exemptions may be granted for good cause, as so determined by the
				council office, but are entirely subject to council office approval. The
				council office will immediately notify the United States department of labor,
				concerning any such exemptions affecting a substantial number of employees and
				concerning the reasons for approval.
Replaces: 5101:11-8-01
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-01 - The support enforcement program

Current through all regulations passed and filed through July 1, 2024
(A) The office of child support (OCS) within
			 the Ohio department of job and family services (ODJFS) has been established in
			 accordance with section
			 3125.02 of the Revised Code.
(1) In accordance with section
			 3125.03 of the Revised Code, OCS
			 is responsible for the establishment and administration of a support
			 enforcement program that meets the requirements of Title IV-D of the Social
			 Security Act, Pub. L. No. 93-647, 88 Stat. 2351 (1975),
			 42 U.S.C.
			 651 (8/22/1996),  and any rules adopted under Title IV-D.
			 The program of child support enforcement shall include:
(a) Location of custodial or non-custodial
			 parents or alleged fathers;
(b)
			 Establishment of parentage;
(c)
			 Establishment and modification of child support orders and medical support
			 orders;
(d) Enforcement of support
			 orders;
(e) Collection of support
			 obligations; and
(f) Any other
			 actions appropriate to child support enforcement.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-10 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) The following definitions apply to the
			 rules contained in division 5101:12 of the Administrative Code:
(1) "Case" 
									means a matter involving
			 
									an
			 individual who is or may become obligated by a support order and the
			 beneficiary of that support order.
(a) "IV-D
			 case" means a case 
										with a parent or alleged
			 parent who is now or eventually may be obligated under a support order for the
			 support of a child or children receiving IV-D services, based on a IV-D
			 application or referral that has been approved by a child support enforcement
			 agency (CSEA).
(i)
											When both parents are obligated under a support order
			 or eventually may become obligated under a support order for support of a child
			 or children in the care or custody of a person other than a parent who is
			 receiving IV-D services, each parent is considered a separate IV-D case;
			 and
(ii)
											A IV-D case may consist of multiple case numbers within
			 the support enforcement tracking system (SETS); and
(iii)
											A IV-D case may
			 include a case with provisions for both child support and spousal support in
			 the same support order.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-10.1 - Support enforcement program services

Current through all regulations passed and filed through July 1, 2024
(A) This rule describes the services that a
			 child support enforcement agency (CSEA) is required to provide to IV-D cases
			 and non-IV-D cases for which the CSEA has administrative responsibility in
			 accordance with rule
			 5101:12-10-03 or
			 5101:12-10-04 of the
			 Administrative Code.
(B) The CSEA
			 shall provide all 
								appropriate IV-D services to IV-D cases.
(C) The CSEA 
								is to provide
			 
								all appropriate non-IV-D
			 services to non-IV-D cases, including:
(1)
									Case
			 intake;
(2) Location
			 
									of an obligee to disburse
			 a collection;
(3) Enforcement of
			 support orders ; and
(4)
			 Collection and disbursement of support
			 obligations .
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-15 - Support enforcement tracking system

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with
			 42 U.S.C.
			 654a, as in effect January 5, 2009, and
			 section 3125.07 of the Revised Code, the
			 Ohio department of job and family services (ODJFS) has established and shall
			 maintain a single statewide automated data processing and information retrieval
			 system known as the support enforcement tracking system (SETS).
(1) This rule describes the general
			 requirement for the child support enforcement agency (CSEA) to interact with
			 SETS and the responsibilities of a user of SETS. The process for an individual
			 or entity to gain access to SETS and authorized use or disclosure of the
			 information contained in SETS is described in rules
			 5101:12-1-20 to
			 5101:12-1-20.2 and
			 5101:12-1-22 of the
			 Administrative Code.
(2) For the
			 purposes of this rule use of the term "access to SETS" incorporates any SETS
			 user profile level that grants access to data contained in any SETS database,
			 including those profiles that only have access to the general data screens
			 (GDS).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-17 - Ohio child support guideline

Current through all regulations passed and filed through July 1, 2024
(A)
								In accordance
			 with sections 3119.021 and
			 3119.022 of the Revised Code,
			 this rule promulgates the basic child support schedule and worksheets required
			 to be used by all courts and child support enforcement agencies (CSEA) when
			 calculating child support and cash medical support obligations, as
			 follows:
(1)
									The
			 basic child support schedule, JFS 07767, "Ohio Basic Child Support Guideline
			 Schedule" (effective or revised effective date as identified in rule
			 5101:12-1-99
			 of the Administrative Code), shall be used by all courts and CSEAs when
			 calculating the amount of child support to be paid pursuant to a support order,
			 unless the combined annual income of the parents is less than the minimum or
			 more than the maximum guideline income listed on the JFS 07767.
(2)
									When a court or
			 CSEA calculates a new or modified child support order, the court or CSEA shall
			 use:
(a)
										The
			 JFS 07768, "Sole/Shared Child Support Computation Worksheet" (effective or
			 revised effective date as identified in rule
			 5101:12-1-99
			 of the Administrative Code); or
(b)
										The JFS 07769,
			 "Split Parenting Child Support Computation Worksheet" (effective or revised
			 effective date as identified in rule
			 5101:12-1-99
			 of the Administrative Code) when calculating support where there is more than
			 one child who is the subject of an allocation of parental rights and
			 responsibilities and each parent is the residential parent and legal custodian
			 of at least one of those children.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-20.1 - Requests for information contained in a person's case record

Current through all regulations passed and filed through July 1, 2024
(A) A child support
			 enforcement agency (CSEA), the office of child support (OCS), or contractor
			 shall only disclose information contained in a person's case record upon the
			 request of an individual or entity when:
(1)
			 The disclosure is in accordance with the provisions of this rule, or
(2) The disclosure is in accordance with
			 written permission from the person. "Written permission" means a document
			 signed by a person or a person's legal guardian that permits an individual or
			 entity to disclose information contained in that person's case record. Written
			 permission shall include:
(a) The person's
			 full name;
(b) The name and title,
			 if any, of the individual or entity to whom the person or the person's legal
			 guardian is permitting disclosure of information;
(c) A description of the type of information
			 that the individual or entity is permitted to disclose;
(d) The duration of time that the person or
			 person's legal guardian is permitting the disclosure of information;
			 and
(e) The person's or legal
			 guardian's signature and the date on which the written permission is
			 signed.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-20.2 - Information from the unemployment compensation program and Ohio department of taxation

Current through all regulations passed and filed through July 1, 2024
(A)
								This rule
			 describes the procedures an agency is required to follow in order to safeguard
			 information received from unemployment compensation (UC) and the Ohio
			 department of taxation.
(B)
								Information received from UC:
The child support enforcement agency
				(CSEA) shall certify that, in accordance with sections
				4141.21,
				4141.22, and
				4141.99 of the Revised Code and
				rule
				4141-43-02
				of the Administrative Code, all information and records received from UC shall
				be used only for the purposes of establishing and collecting child support
				obligations from and locating individuals owing such obligations. The CSEA
				shall establish and maintain security safeguards for location, wage, and
				benefit information.
(C)
								Information
			 received from the Ohio department of taxation:
(1)
									In order to
			 comply with the confidentiality requirements of section
			 5747.18 of the Revised Code,
			 each CSEA shall certify that taxpayer information concerning the residential
			 address and income of taxpayers received by the CSEA is needed for the purpose
			 of, and will be used only for, the following:
(a)
										Locating obligors
			 and establishing, enforcing, modifying and collecting child support obligations
			 pursuant to Title IV-D of the Social Security Act; or
(b)
										Collecting
			 overpaid child support from the state income tax refund of an obligee in
			 accordance with section
			 5747.123 of the Revised
			 Code.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-20.3 - Safeguarding of information from the unemployment compensation program and Ohio department of taxation

Current through all regulations passed and filed through July 1, 2024
(A)
								 This rule
			 describes the procedures an agency is required to follow in order to safeguard
			 information received from unemployment compensation (UC) and the Ohio
			 department of taxation.
(B)
								 Information received from UC:
The child support enforcement agency
				(CSEA) shall certify that, in accordance with sections
				4141.21,
				4141.22, and
				4141.99 of the Revised Code and
				rule
				4141-43-02
				of the Administrative Code, all information and records received from UC shall
				be used only for the purposes of establishing and collecting child support
				obligations from and locating individuals owing such obligations. The CSEA
				shall establish and maintain security safeguards for location, wage, and
				benefit information.
(C)
								 Information
			 received from the Ohio department of taxation:
(1)
									 In order to
			 comply with the confidentiality requirements of section
			 5747.18 of the Revised Code,
			 each CSEA shall certify that taxpayer information concerning the residential
			 address and income of taxpayers received by the CSEA is needed for the purpose
			 of, and will be used only for, the following:
(a)
										 Locating
			 obligors and establishing, enforcing, modifying and collecting child support
			 obligations pursuant to Title IV-D of the Social Security Act; or
(b)
										
			 Collecting overpaid child support from the state income tax refund of an
			 obligee in accordance with section
			 5747.123 of the Revised
			 Code.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-22 - Safeguarding of information from the internal revenue service

Current through all regulations passed and filed through July 1, 2024
(A) This rule describes the procedures a
			 child support enforcement agency (CSEA) is required to follow in order to
			 safeguard information received from the internal revenue service (IRS). The
			 procedures for safeguarding federal tax information (FTI) are based upon the
			 tax information security guidelines described in IRS publication 1075 (rev.
			 
								11/2021). IRS Publication 1075 is available at
www.irs.gov
. The safeguarding requirements of
			 this rule apply to any paper, electronic, or imaged record.
(B) Failure to comply with the safeguarding
			 requirements of this rule shall result in the revocation of access to the
			 support enforcement tracking system (SETS) or any other computer application
			 that contains information from the IRS.
(C) For purposes of this rule and its
			 supplemental rules, FTI is defined as federal tax return information other than
			 information provided by the taxpayer, including but not limited to:
(1) Address information obtained from the
			 IRS;
(2) Social security numbers
			 obtained from the IRS;
(3) Federal
			 tax filing status; or
(4)
			 Identification of the payment source as an IRS tax refund offset
			 collection.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-22.1 - Safeguarding visit procedures

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with "Internal Revenue
			 Service (IRS) Publication 1075" (rev. 
								11/2021), the
			 office of child support (OCS) is required to conduct a federal tax information
			 (FTI) safeguarding visit (hereafter "visit") with each agency that has access
			 to FTI that is related to the child support program. The purpose of the visit
			 is to ensure that adequate FTI safeguards and security measures are maintained
			 by the agency.
(1) OCS shall establish a
			 schedule for each child support enforcement agency (CSEA) with access to FTI,
			 at the direction of OCS, to either participate in a visit or complete a
			 safeguarding self inspection at least once every three years.
(2) OCS shall complete a visit at least once
			 every eighteen months for internal headquarters and facilities housing
			 FTI.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-25 - Record retention, disposal, and destruction of fiscal, statistical, and administrative records

Current through all regulations passed and filed through July 1, 2024
(A) The child support enforcement agency
			 (CSEA) shall follow the procedures of retention, disposal, and destruction of
			 records described in section
			 149.38
			 of the Revised Code, and rule
			 5101:9-9-21
			 of the Administrative Code.
(B)
			 Pursuant to 45 C.F.R. sections 92.42 (effective 10/2014) and
			 302.15
			 (effective 10/2012), the CSEA shall retain all fiscal and statistical records
			 and their supporting documents that are required to be maintained under the
			 Title IV-D program, or otherwise reasonably considered as pertinent to the
			 requirements of the Title IV-D program. These records shall be retained:
(1) For a minimum of three years from the end
			 of the fiscal year to which the records are applicable; or
(2) In accordance with the county records
			 commission in the county in which the CSEA serves, when the county records
			 commission requires a retention period more than three years.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-50 - Program funding

Current through all regulations passed and filed through July 1, 2024
(A) Funding for allowable IV-D expenditures.
(1) Federal financial participation (FFP) at
			 the applicable matching rate is available for reimbursement of allowable
			 expenditures, as described in 45 C.F.R. 304, as in
			 effect on September 1, 2016, incurred in the provision of IV-D services.
			 The FFP matching rate is a variable percentage set by federal law. The child
			 support enforcement agency (CSEA) receives FFP in the administrative advance
			 through the Ohio department of job and family services, as outlined in rule
			 5101:9-7-02
			 of the Administrative Code.
(2) To
			 fund the portion of allowable IV-D expenditures not reimbursed through FFP
			 (hereafter referred to as the non-federal share), the CSEA may use:
(a) State appropriated funds known as the
			 state allocation;
(b) Funds
			 appropriated by the county commissioners from the county general fund;
			 and
(c) Processing charges
			 collected on non-IV-D cases that are not program income.
(3) The portion of the non-federal share not
			 met by state funds or federal incentives is designated as the county share or
			 county obligation on the quarterly child support administrative fund
			 reconciliation, described in rule
			 5101:9-7-02
			 of the Administrative Code. Federal regulations mandate the permissible sources
			 from which the non-federal share can be supplied:
(a) Public funds, other than those derived
			 from private resources, used by the CSEA for its IV-D child support enforcement
			 program may be considered as the non-federal share in claiming federal
			 reimbursement under the following conditions:
(i) The funds are appropriated directly to
			 the CSEA; or
(ii) The funds are of
			 another public agency and are treated as follows:
(a) Transferred to the CSEA and are under the
			 CSEA's administrative control; or
(b) Certified by the contributing public
			 agency as representing expenditures under the state's IV-D plan, subject to the
			 limitations of this rule.
(b) Public funds used by the CSEA for its
			 IV-D child support enforcement program may not be considered as the non-federal
			 share in claiming federal reimbursement under the following conditions:
(i) The funds are federal funds, unless
			 authorized by federal law to be used to match other funds; or
(ii) The funds are used to match other
			 federal funds.
(c) Funds
			 treated as IV-D program income pursuant to rule
			 5101:12-1-53 of
			 the Administrative Code may not be considered as the non-federal share in
			 claiming federal reimbursement.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-51 - Mandatory CSEA fiscal reports

Current through all regulations passed and filed through July 1, 2024
(A) The federal
			 office of child support enforcement (OCSE)
			 
								requires the office of child support (OCS) in the Ohio
			 department of job and family services (ODJFS) to collect and report certain
			 data from child support enforcement agencies (CSEA)
			 . The CSEA shall complete and submit the following:
(1) The JFS 02750 "Child Support
			 Enforcement Agency Quarterly Financial Certification" (effective or revised effective date as
			 identified in rule
			 5101:12-1-99
			 of the Administrative Code);
(2)
			 The child support random moment sample time study in accordance with rule
			 5101:9-7-23
			 of the Administrative Code; and
(3)
			 The JFS 04234 "Annual Full-Time Equivalent Report" (effective or revised
			 effective date as identified in rule
			 5101:12-1-99
			 of the Administrative Code).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-54 - Incentive payment

Current through all regulations passed and filed through July 1, 2024
(A) This rule and its supplemental rules
			 describe the calculation and distribution of the Ohio incentive payment from
			 the federal office of child support enforcement (OCSE) to the state of Ohio,
			 and the incentive payment from the Ohio department of job and family services
			 (ODJFS) to the child support enforcement agency (CSEA).
(B) The following definitions apply to this
			 rule and its supplemental rules:
(1) "Federal
			 fiscal year" means the twelve-month time period beginning October first and
			 ending September thirtieth.
(2)
			 "Performance category" means the following child support program areas:
(a) Establishment of paternity;
(b) Establishment of support
			 orders;
(c) Collection of current
			 support;
(d) Collection of past-due
			 support; and
(e) Cost
			 effectiveness.
(3)
			 "Performance year" means the twelve-month time period ending September
			 thirtieth of each year during which each CSEA's performance is measured. The
			 performance year corresponds to the federal fiscal year, to the period of
			 measurement of Ohio's performance by OCSE, and to the period of review for the
			 annual self-assessment.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-54.1 - Incentive payment: performance-based measure

Current through all regulations passed and filed through July 1, 2024
(A)
								 The Ohio
			 department of job and family services (ODJFS) shall distribute to the child
			 support enforcement agency (CSEA) the funds identified in paragraph (D)(2) of
			 rule
			 5101:12-1-54 of
			 the Administrative Code based on each county's collections base
			 percentage.
(B)
								 Calculation of the county collections base
			 percentage.
(1)
									 County collections base = (2 x (current assistance
			 collections + former assistance collections + medicaid collections)) + never
			 assistance collections + fees retained by other states.
(2)
									 Collections base
			 percentage = county collections base divided by the sum of the collections base
			 for all of the Ohio counties.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-54.2 - Incentive payment: county self-assessment

Current through all regulations passed and filed through July 1, 2024
(A)
								 Twenty-five per
			 cent of the child support enforcement agency (CSEA) incentive payment,
			 calculated in accordance with rule 5101:12-1-54.1 of the Administrative Code,
			 shall be distributed to the CSEA subject to the limitations described in this
			 rule.
(B)
								 For the purposes of this rule, "self-assessment
			 category" refers to the following child support program categories:
(1)
									 Case
			 closure;
(2)
									 Establishment of paternity and support orders;
(3)
									
			 Enforcement of support orders;
(4)
									 Securing and
			 enforcing medical support orders;
(5)
									 Review and
			 adjustment of support orders (public assistance cases); and
(6)
									 Review and
			 adjustment of support orders (non-public assistance cases).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-56 - Assigned medical support collections incentives

Current through all regulations passed and filed through July 1, 2024
(A) The following definitions apply to this
			 rule:
(1) "Assigned medical support" means the
			 medicaid applicant, recipient, or participant has assigned the right to collect
			 and retain medical support from an obligor or medical reimbursement from a
			 third party to the Ohio department of job and family services
			 (ODJFS).
(2) "Third party" means
			 any private medical insurer, individual, entity, or public or private medical
			 program that is or may be liable to pay all or part of the cost of injury,
			 disease, or disability on behalf of a medicaid applicant, recipient, or
			 participant.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-60 - Expenditures eligible for federal financial participation reimbursement

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 describes the support enforcement program services and IV-D services for which
			 a child support enforcement agency (CSEA) may request federal financial
			 participation (FFP) reimbursement.
FFP reimbursement is available for reasonable and necessary
				CSEA expenditures for services and activities provided in a IV-D case and
				properly attributable to the operation of the support enforcement program. FFP
				reimbursement principles are based upon the general principles for determining
				allowable costs described in 2 C.F.R., subtitle A, chapter II, part
				200
				(12/26/2013) (circular A-87 of the federal office of management and
				budget). The current FFP reimbursement rate is sixty-six per
				cent.
(B) The following
			 definition applies to this rule and its supplemental rule:
"Arrest" means taking an individual into physical custody
				pursuant to a court-issued process and transporting that person to the court
				that ordered his or her arrest. It does not include incarceration, arraignment,
				and other activities that may occur as the result of an arrest.
(C) CSEA expenditures for the
			 following services are eligible for FFP reimbursement when provided in a IV-D
			 case:
(1) Support enforcement program
			 services, which include:
(a) Location
			 services;
(b) Establishment of
			 parentage;
(c) Establishment and
			 modification of child support orders and medical support orders;
(d) Enforcement of support orders;
(e) Collection of support obligations;
			 and
(f) Any other actions
			 appropriate to child support enforcement, which include but are not limited to:
(i) Monitoring the progress of program
			 development and operations and evaluating the quality, efficiency,
			 effectiveness, and scope of support enforcement program services available in
			 the county;
(ii) The establishment
			 of all necessary IV-D contracts with a private or governmental entity for the
			 provision of IV-D services where the IV-D contract is established in accordance
			 with rules
			 5101:12-1-80
			 to 5101:12-1-80.4 of the Administrative Code;
(iii) The direct cost of reasonable and
			 essential short-term training provided to CSEA staff;
(iv) The development and maintenance of
			 fiscal and program records and reports required to be made to the Ohio
			 department of job and family services;
(v) Expenditures for general administrative
			 costs (e.g., salaries, supplies, and equipment); and
(vi) The establishment and maintenance of
			 case records.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-80 - IV-D contracts: overview

Current through all regulations passed and filed through July 1, 2024
(A) This rule and its supplemental rules
			 describe the process by which a child support enforcement agency (CSEA) enters
			 into a IV-D contract with a governmental entity or a private entity to provide
			 IV-D services and for the CSEA to receive federal financial participation (FFP)
			 reimbursement to offset the cost of the purchase of the services under a IV-D
			 contract. The principles of FFP reimbursement are described in rules
			 5101:12-1-60
			 and 5101:12-1-60.1 of the Administrative Code.
(B) The following terms and definitions apply
			 to this rule and its supplemental rules:
(1)
			 "Allowable cost" refers to a cost under a IV-D contract that meets the
			 following general criteria:
(a) The cost is
			 necessary and reasonable for the proper and efficient performance and
			 administration of the IV-D contract.
(b) The cost is allocable to the support
			 enforcement program under the provisions of 2 C.F.R., subtitle A, chapter II,
			 part 200 (12/26/2013) (circular A-87 of the federal office
			 of management and budget).
(c) The
			 cost is authorized or not prohibited under state or local laws or
			 regulations.
(d) The cost conforms
			 to any limitation or exclusion under the provisions of 2 C.F.R., subtitle A,
			 chapter II, part 200.
(e)
			 The cost is consistent with policies, regulations, and procedures of the
			 support enforcement program.
(f)
			 Unless otherwise provided for in 2 C.F.R., subtitle A, chapter II, part
			 200, the
			 cost is determined in accordance with generally accepted accounting principles.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-80.2 - IV-D contract submission requirements and acceptance process

Current through all regulations passed and filed through July 1, 2024
(A) Submission
			 requirements.
(1) The child support
			 enforcement agency (CSEA) and contractor shall not add any text to any of the
			 IV-D contract documents, or make any modifications, deletions, or strike outs
			 to the IV-D contract documents, whether to the face of or as an addenda to the
			 IV-D contract documents with the following exceptions:
(a) The CSEA and contractor may agree to
			 amend the IV-D contract in accordance with paragraph (D) of rule 5101:12-1-80.1
			 of the Administrative Code;
(b) The
			 CSEA and contractor may agree to modify the IV-D contract in accordance with
			 paragraph (E) of rule 5101:12-1-80.1 of the Administrative Code; or
(c) The CSEA and contractor may agree to
			 modify the required information in the insertable fields contained in the IV-D
			 contract documents.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-80.3 - IV-D contract time and exception reporting, invoicing, monitoring, and evaluation

Current through all regulations passed and filed through July 1, 2024
(A) Time study for a IV-D contract with a
			 court for magistrate services.
(1) The time
			 study is used to calculate the IV-D multiplier and identify the average length
			 of time needed to:
(a) Produce a court order,
			 which must include the time spent preparing for and conducting a court hearing;
			 or
(b) Conduct a court hearing.
The IV-D multiplier is a comparison of the average amount of
				time spent on activities that are reimbursable under the IV-D contract to the
				average amount of time spent on all recorded activities. The IV-D multiplier is
				also used to calculate the justified unit rate. The justified unit rate is used
				to determine the actual IV-D contract cost for invoicing purposes each
				month.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-80.4 - IV-D contract record retention

Current through all regulations passed and filed through July 1, 2024
(A) The child support enforcement agency
			 (CSEA) and contractor shall retain all IV-D contract records:
(1) For a period of three years after the
			 final payment is made to the contractor and all matters relating to the IV-D
			 contract are concluded; or
(2) In
			 accordance with the county records commission in the county in which the CSEA
			 serves, when the county records commission requires a retention period of more
			 than three years.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-90 - Account information access agreements

Current through all regulations passed and filed through July 1, 2024
(A)
								 The federal
			 Personal Responsibility and Work Opportunity Reconciliation Act of 1996,
			 Pub.
			 L. No. 104-193, 110 Stat. 2105 (1996),
			 42
			 U.S.C. 666(a)(17) January 1,
			 1998, enacted in Ohio as sections
			 3121.74 to
			 3121.78 and
			 3123.24 to
			 3123.38 of the Revised Code,
			 requires that states enter into agreements with financial institutions doing
			 business in the state to conduct quarterly matches of obligors who owe past-due
			 support with funds on deposit in the financial institution.
(B)
								 The office of
			 child support (OCS) in the Ohio department of job and family services (ODJFS)
			 is authorized to enter into account information access agreements with
			 financial institutions doing business in this state and with financial
			 institutions doing business in other states.
OCS has joined an alliance of states
				for the purpose of participating in the financial institution data match (FIDM)
				program with financial institutions doing business in Ohio. The alliance
				facilitates the use of the FIDM program with a single state financial
				institution (SSFI) that does business in Ohio and with SSFIs in other states
				that do business only within the state in which they are located. A "single
				state financial institution" is a financial institution conducting business in
				only one state.
Replaces: Part of 5101:12-55-10
Effective:
				12/1/2011
R.C. 119.032 review dates:
				12/01/2016
Promulgated
				Under: 119.03
Statutory Authority: 3121.78, 3125.25
Rule
				Amplifies: 3121.74, 3121.76, 3121.77, 3121.99, 3123.25,
				3123.38
Prior Effective Dates: 8/17/99, 10/1/01, 10/2/06
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-99 - Chapter 5101:12-1 forms - Ohio support enforcement program

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 01709, "Confidentiality of
			 Information Reference Guide" (11/2011);
(B) JFS 01728, "Daily Time Sheet for
			 Non-Dedicated Principal Staff" (2/2009);
(C) JFS 01729, "Monthly Time Sheet Summary
			 for Non-Dedicated Principal Staff" (2/2009);
(D) JFS 01730, "Dedicated Principal Staff
			 Exception Report" (2/2009);
(E) JFS
			 01731, "Monthly Time Summary for Governmental Contractor" (2/2009);
(F) JFS 01772, "IV-D Contract Cover Letter"
			 (rev. 5/2013);
(G) JFS 02015, "IV-D
			 Contract Time Study" (rev. 2/2009);
(H) JFS 02151, "IV-D Contract Evaluation"
			 (rev. 5/2013);
(I) JFS 02750,
			 "Child Support Enforcement Agency Quarterly Financial Certification" (rev.
			 6/2020)
(J) JFS 04001, "Request for
			 Case Information" (11/2011);
(K)
			 JFS 04234, "Annual Full-Time Equivalent Report" (rev. 1/2008);
(L) JFS 07014, "Tax Information Safeguarding
			 Authorization Agreement" (rev. 4/2008);
(M) JFS 07015, "Certification of Compliance
			 with Competitive Sealed Bid Requirements" (rev. 2/2009);
(N) JFS 07016, "IV-D Contract Security
			 Addendum" (rev. 11/2022);
(O) JFS
			 07018; "IV-D Contract" (rev. 12/2013);
(P) JFS 07019, "Federal Tax Information Item
			 Tracking Log" (4/2008);
(Q) JFS
			 07020, "Governmental Contractor IV-D Contract Budget" (rev. 2/2009);
(R) JFS 07034, "Governmental Contractor
			 Monthly Expense Report" (rev. 2/2009);
(S) JFS 07035, "IV-D Contract Invoice" (rev.
			 2/2009);
(T) JFS 07037, "IV-D
			 Contract Amendment" (rev. 12/2013);
(U) JFS 07038, "Acknowledgment of Paternity
			 Affidavit" (5/2014), or (rev. 10/2023);
(V) JFS 07072, "Safeguarding of Internal
			 Revenue Service (IRS), Ohio Department Of Taxation (ODT), Federal Parent
			 Locator Service (FPLS), and Unemployment Compensation (UC) Information" (rev.
			 11/2022);
(W) JFS 07078, "Code of
			 Responsibility" (rev. 3/2020);
(X) JFS 07729, "FTI
			 Safeguarding Workbook" (11/2022);
(Y) JFS 07766, "Child
			 Support Guideline Manual" (6/2023);
(Z) JFS 07767, "Ohio
			 Basic Child Support Guideline Schedule" (6/2023);
(AA) JFS 07768,
			 "Sole/Shared Child Support Computation Worksheet" (3/2019); and
(BB)
			 JFS 07769, "Split Parenting Child Support Computation Worksheet"
			 (3/2019).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-10 - Disposition: Undistributed Support Payments › Section 5101:12-10-01 - Request for services

Current through all regulations passed and filed through July 1, 2024
(A)
								This rule
			 describes requests for services from a child support enforcement agency
			 (CSEA).
(B)
								Definitions found in rule
			 5101:12-1-10 of the
			 Administrative Code apply to this rule and its supplemental
			 rules.
(C)
								In accordance with section
			 3125.36 of the Revised Code, a
			 CSEA will make available a IV-D application to all persons requesting a CSEA's
			 assistance in an action under sections
			 3111.01 to
			 3111.18 of the Revised Code or
			 in an administrative proceeding brought to establish a parent and child
			 relationship, to establish or modify an administrative support order, or to
			 establish or modify an order to provide health insurance coverage for the
			 children subject to a support order.
(D)
								A request for
			 services is initiated when a CSEA receives:
(1)
									A referral of a
			 support order from a court;
(2)
									A signed IV-D
			 application; or
(3)
									A IV-D referral.
Replaces: 5101:12-10-01