5101:12-1-80.4. IV-D contract record retention

(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.

(B) IV-D contract records include but are not limited to:

(1) Documents generated as a result of the procurement process, when applicable, including proof of formal advertising and the selection of the contractor;

(2) A list of potential contractors contacted when the total IV-D contract cost is for an amount that is less than twenty-five thousand dollars or, when the county in which the CSEA serves has a contract threshold requirement that is less than twenty-five thousand dollars, the total IV-D contract cost is for an amount that is less than the local contract threshold requirement;

(3) All IV-D contract documents;

(4) Documentation of any attempt to enter into a IV-D contract with the court or law enforcement official;

(5) Any documentation that the sheriff is unable to provide the resources necessary for service of process in a timely manner when the CSEA attempts to enter into a IV-D contract with a sheriff;

(6) Any documentation from the sheriff that the sheriff charges other agencies service of process fees;

(7) Financial records;

(8) Statistical records;

(9) Any documents or correspondence, including electronic correspondence, from the office of child support (OCS) or the federal office of child support enforcement regarding the IV-D contract; and

(10) All other records regarding delivery of services under the IV-D contract.

(C) When an audit, litigation, or other action involving the IV-D contract is started before the end of the retention period, the CSEA and contractor shall retain the IV-D contract records until all issues are resolved.

(D) The CSEA and contractor shall make the IV-D contract records available to any authorized governmental representative during reasonable times. A governmental representative includes but is not limited to a representative from the:

(1) United States department of health and human services;

(2) Comptroller general of the United States;

(3) State of Ohio;

(4) County auditor; and

(5) CSEA.

(E) The CSEA shall obtain approval from the county records commission before destroying the IV-D contract records.

Replaces: 5101:12-10- 45.7

Five Year Review (FYR) Dates: 2/12/2019 and 02/12/2024
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.12, 3125.13, 3125.14, 3125.17
Prior Effective Dates: 08/01/1975, 08/01/1982, 07/01/1987, 07/01/1987 (Emer.), 08/03/1987, 12/01/1987, 12/01/1987 (Emer.), 02/29/1988, 11/27/1989 (Emer.), 02/19/1990, 04/10/1992, 07/15/1992, 11/01/1993, 07/01/1996, 02/01/1997, 07/01/2002, 01/01/2004, 12/02/2004, 02/15/2009

Prior History: (R.C. 119.032 review dates: 04/26/2013 and 04/15/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.12, 3125.13, 3125.14, 3125.17
Prior Effective Dates: 8/1/75, 8/1/82, 7/1/87 (Emer), 7/1/87, 8/3/87, 12/1/87 (Emer), 12/1/87, 2/29/88, 11/27/89 (Emer), 2/19/90, 4/10/92, 7/15/92, 11/1/93, 7/1/96, 2/1/97, 7/1/02, 1/1/04, 12/2/04, 2/15/09)