5101:12-80-05.1. Collection at the child support enforcement agency

(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 significant changes by the CSEA 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 child support payment central (CSPC). 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.

(C) When a CSEA elects to accept cash payments at the CSEA, the CSEA will maintain a CSEA depository account. For the purposes of this rule, "CSEA depository account" means the bank, credit union, or savings and loan association account used for the sole purpose of transmitting to CSPC the payments in person received by the CSEA. A CSEA required to maintain a CSEA depository account will provide the following information to OCS:

(1) Name and address of the financial institution for the CSEA depository account;

(2) CSEA depository account number; and

(3) Routing/transit number of the CSEA depository account.

(D) A CSEA that does not accept payments will treat any payment type received by the CSEA as a misdirected payment and forward the payment, except cash, to CSPC.

(E) A payment received by the CSEA is a misdirected payment and will be forwarded to CSPC when the payment is:

(1) Submitted with remittance documentation indicating payment for more than one obligor;

(2) From a payor, as defined in paragraph (B)(3) of rule 5101:12-50-10 of the Administrative Code;

(3) From a financial institution; or

(4) Intended to credit a recollection account.

(F) A CSEA that submits a JFS 07736 indicating the CSEA accepts payments will post any payment type received by the CSEA that the CSEA has indicated they will accept on the JFS 07736, subject to the remitter providing sufficient information to allow the CSEA to post the payment.

(1) A CSEA that elects to accept payments will:

(a) Maintain a CSEA depository account for cash payments.

(b) Collect and post payments using procedures in accordance with this rule and based on generally accepted business and accounting practices as authorized under section 117.43 of the Revised Code;

(c) Place a notice in clear view in the area where payments are made that notifies a remitter:

(i) That cash payments made at the CSEA may be identified as being made on the next business day.

(ii) Unless the payment was made with cash, the obligor will receive conditional credit until the payment clears the financial institution and the payment is reflected in the support enforcement tracking system (SETS). The obligor may not receive relief from any enforcement actions taken by the CSEA until the payment is reflected in SETS;

(iii) Of the acceptable payment types listed on the JFS 07736 that are collected at the CSEA or alternate location.

(d) Ensure adequate funds are available in the CSEA depository account to cover the previous day cash postings;

(e) Accept payment types listed on the JFS 07736 that are collected at the CSEA or satellite location; and

(f) Treat any payment type a CSEA elected not to accept as a misdirected payment in accordance with paragraph (D) of this rule.

(2) Any payments submitted by hand, mail, drop-off, or any other means with sufficient posting identifiers and that is not identified as a misdirected payment will be posted within one business day.

(3) The CSEA employee that collects and posts the payment will not be the CSEA employee that balances and prepares the deposit for release to CSPC, unless a waiver has been granted by the office of child support enforcement (OCSE).

To obtain the waiver, the CSEA will submit a waiver request to OCS. OCS will forward the request to the OCSE regional office and notify the CSEA whether OCSE has granted the waiver.

(4) Ensure that every CSEA employee that has access to or control of payments collected at the CSEA is covered by a bond against loss of payments from employee dishonesty. In accordance with section 329.01 of the Revised Code, each bond is to be for an amount determined by the board of county commissioners, with a surety or bonding company authorized to do business in this state, and deposited with and retained by the county treasurer.

(G) When the CSEA forwards a payment to CSPC, the CSEA:

(1) Will forward the payment, including the remittance documentation and original envelope, to CSPC that contained the payment for processing;

(2) May mark the date received on the envelope, but will not further mark on the envelope or payment instrument;

(3) May attach a separate document to the misdirected payment that includes any posting identifiers known to the CSEA, when the remitter fails to include posting instructions with a misdirected payment; and

(4) Will record the payment on a written or electronic log maintained at the CSEA that contains the following information:

(a) Remitter name;

(b) Payment amount;

(c) Instrument number (e.g. check number); and

(d) Date of the instrument.

The CSEA will retain the log for thirty days, and subsequently follow the CSEA's record retention requirements described in rule 5101:12-1-25 of the Administrative Code.

Replaces: 5101:12-80- 05.1

Effective: 2/15/2020
Five Year Review (FYR) Dates: 02/15/2025
Promulgated Under: 119.03
Statutory Authority: 3125.25, 3121.71
Rule Amplifies: 117.43, 3125.29, 329.01
Prior Effective Dates: 10/01/1985 (Emer.), 01/01/1986 (Emer.), 04/01/1986, 11/15/1986, 12/01/1987 (Emer.), 02/29/1988, 06/10/1988, 12/20/1988, 09/01/1989 (Emer.), 11/30/1989, 08/01/1990, 01/01/1991, 04/01/1992, 06/01/1993, 12/01/1994, 06/01/1995, 07/01/1996, 01/01/1998, 04/24/2000 (Emer.), 07/10/2000, 10/15/2001, 05/08/2003, 04/03/2005, 01/15/2008, 09/15/2013, 06/01/2019