5101:12-1-01. The support enforcement program

(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.

(2) In accordance with section 3125.05 of the Revised Code, OCS is responsible for the establishment of a program of spousal support enforcement in conjunction with the program of child support enforcement. The program is required to conform, to the extent practicable, to the program for child support enforcement established pursuant to section 3125.03 of the Revised Code.

(B) Pursuant to section 3125.10 of the Revised Code each county shall have a child support enforcement agency (CSEA).

(C) In accordance with section 3125.11 of the Revised Code, the CSEA shall operate a support enforcement program. The CSEA shall perform all administrative duties related to any case for which it has administrative responsibility to provide support enforcement program services pursuant to rule 5101:12-10-03 or 5101:12-10-04 of the Administrative Code.

(D) In accordance with section 3125.13 of the Revised Code, the CSEA may contract with public agencies and private vendors for assistance in establishing paternity or support obligations or for the performance of other administrative duties of the CSEA.

(E) In accordance with section 3125.24 of the Revised Code, the CSEA shall be operated under the supervision of OCS in accordance with the program of child support enforcement established pursuant to section 3125.03 of the Revised Code. OCS shall ensure that all child support enforcement agencies comply with all applicable state and federal support regulations, including the affirmative duties of Title IV-D of the Social Security Act.

(F) ODJFS/OCS may take action in accordance with section 5101.24 of the Revised Code when a CSEA fails to comply with the requirements of all applicable state and federal laws governing the support enforcement program, including the affirmative duties of Title IV-D of the Social Security Act.

(G) In accordance with section 3125.10 of the Revised Code, the CSEA may be organized as a government entity designated under former section 2301.35 of the Revised Code prior to October 1, 1997, or as a private or government entity designated under section 307.981 of the Revised Code on or after that date.

(H) In accordance with section 3125.12 of the Revised Code, the CSEA is required to enter into a plan of cooperation with the board of county commissioners under section 307.983 of the Revised Code and to comply with each grant agreement the board enters into under section 307.98 and contracts the board enters into under sections 307.981 and 307.982 of the Revised Code that affect the agency. As used within agency 5101 of the Administrative Code, "board of county commissioners" includes alternative forms of government authorized by Chapter 302. of the Revised Code.

(I) The CSEA's services and activities are subject to the administrative hearing procedures of division 5101:6 of the Administrative Code.

(J) Each CSEA shall:

(1) Develop and maintain a handbook of internal procedures. The CSEA shall revise the handbook whenever a program change requires modification of local procedures. The CSEA shall submit such revisions to the handbook to OCS within thirty days of the revision. The CSEA shall ensure that the handbook contains sufficient detail to be useful in orienting new staff and serves as an up-to date reference for all staff. At a minimum, the handbook must describe the local procedures in place to ensure that the program is in compliance with the Administrative Code, Revised Code, Code of Federal Regulations, and United States Code. Copies of all local forms used and instructions for completing the forms must be included. Upon request, the handbook must be available to OCS staff for program review.

(2) Develop and maintain an up-to-date agency table of organization. The table of organization must be submitted to OCS staff for review every year by the thirty-first day of December or within thirty days of any significant change to the CSEA's structure.

Effective: 2/11/2019
Five Year Review (FYR) Dates: 9/6/2021
Promulgated Under: 119.03
Statutory Authority: 3125.05, 3125.25
Rule Amplifies: 3125.02, 3125.03, 3125.05, 3125.10, 3125.11, 3125.12, 3125.24, 5101.24
Prior Effective Dates: 08/01/1982, 11/11/1982, 07/01/1983, 01/01/1984, 12/01/1987, 07/15/1988, 06/02/1989, 09/01/1989, 04/01/1992, 07/01/1996, 01/01/1998, 02/22/2002, 08/26/2002, 04/18/2003, 06/15/2006, 03/01/2012