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

 

 

PUBLIC HEARING NOTICE

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

 

DATE:           January 05, 2012

TIME:              10:00 a.m.

LOCATION: Room 3110 B, Rhodes State Office Tower, 30 East Broad St., Columbus, Ohio 43215

 

Pursuant to sections 3125.05 and 3125.25 and Chapter 119. of the Ohio Revised Code, the director of the Ohio Department of Job and Family Services gives notice of the department's intent to consider the amendment of the rules as identified below and of a public hearing thereon.

 

The following Ohio Administrative Code (OAC) rules are being proposed for amendment as a result of a review conducted in accordance with section 119.032 of the Revised Code (ORC), which requires five-year reviews of all state agency rules:

 

·         Rule 5101:12-1-01, "The support enforcement program," provides an introduction to the federal and Ohio statutes which govern the creation and performance of the child support enforcement program; the responsibilities of the child support enforcement agencies (CSEA) in Ohio; it lists the support enforcement program services that shall be provided to both IV- D and Non-IV-D cases for which a CSEA has administrative responsibility; a requirement for a CSEA to submit revisions to the procedural handbook to OCS within 30 days of a revision based on a program change.  Changes from the existing rule include: replace the term "fiscal" with "grant" and replace the term "agency level" with "agency" in paragraph

(G) and correct the rule reference in paragraph (H).

 

·         Rule 5101:12-1-10, "Support enforcement program services," provides definitions of a "case" and of a "IV-D" and "Non-IV-D" case; it also provides the federal and state definitions of a "support order;" it lists the support enforcement program services and clarifies the CSEA's responsibility to provide support enforcement program services to both IV-D and Non-IV-D cases.  Changes from the existing rule include: minor language changes in paragraph (A) for clarity.

 

·         Rule 5101:12-1-10.1, "IV-D services," describes the services available only to IV-D cases. Changes from the existing rule include: in paragraph (D)(4), specify the type of federal administrative offset that may be collected by the U.S Department of Treasury.

 

·         Rule 5101:12-1-50, "Program funding," describes the funds a CSEA receives from federal financial participation (FFP) as well as the non-federal share which a CSEA must provide. This rule states that the CSEA is responsible for administrative expenditures not allowable under the Title IV-D program. Changes from the existing rule include: delete the provision in paragraph (A)(2)(b) as it no longer applies; clarify the language in paragraph (A)(2)(c); and correct the rule reference in paragraph (A)(3)(c).

 

·         Rule 5101:12-10-01, "Request for services," specifies when a CSEA shall provide support enforcement program services and when it shall provide IV-D services. Changes from the existing rule include: add provision to paragraph (A)(2) in order to be consistent with

 

 

 

 

 

paragraph (D) of rule 5101:12-1-10.1 of the Administrative Code; and to clarify the language in paragraphs (B) and (D).

·         Rule 5101:12-10-01.1, "IV-D application and IV-D referral," describes the sources from which a CSEA may receive a IV-D application or IV-D referral, and the CSEA's duty to approve or deny the application or referral within twenty days of receipt. Changes from the existing rule include: replaced the term "bases" with "basis" in paragraph (D)(9).

·         Rule 5101:12-10-02, "Case intake," describes the process the CSEA must follow when it receives a IV-D application, IV-D referral, or an order from a court not accompanied by a IV-D application; and that the CSEA may but is not required to conduct an interview with the applicant.  Changes from the existing rule include: revise the effective date of the form in paragraph (A)(5) and correct the rule reference in paragraph (A)(6).

Copies of the proposed rules are available, without charge, to any person affected by the rules at the address listed below. The rules are also available on the internet at  http://www.registerofohio.state.oh.us/.

A public hearing on the proposed rules will be held at the date, time, and location listed at the top of this notice. Either written or oral testimony will be taken at the public hearing. Additionally, written comments submitted or postmarked no later than the date of the public hearing will be treated as testimony.

Requests for copies of the proposed rules or comments on the rules should be submitted by mail to the Ohio Department of Job and Family Services, Office of Legal Services and Acquisition, 30 East Broad Street, 31st Floor, Columbus, Ohio 43215-3414, by fax at [phone], or by e- mail at  [e-mail].