5101:12-70-05.7 Determination of the controlling order.

 

 

PUBLIC HEARING NOTICE

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

 

DATE: 04/26/2016 TIME: 10:00 AM

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

 

Pursuant to sections 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 or adoption of the rules as identified below and of a public hearing thereon.

 

The following Ohio Administrative Code (OAC) rules are being proposed for amendment to update the effective date language of the forms that are referenced in the following rules and to update the language in order to comply with Sub. H.B. 64 of the 131st General Assembly.

 

·         5101:12-70-05, "Scope and definitions for intergovernmental cases." This is the principle rule, which provides definitions of intergovernmental terms. Changes to the rule include updates to referenced sections of the Ohio Revised Code (ORC), updates to existing definitions and the addition of new definitions.

·         5101:12-70-05.1, "CSEA general responsibilities." This rule describes the general responsibilities of the CSEA as an initiating or a responding agency. Change to the rule includes clarifying the language in paragraph (B)(1).

·         5101:12-70-05.2, "Responsibilities of Ohio interstate central registry." This rule describes the responsibilities of Ohio's Central Registry when processing an interstate case. Changes to the rule include correcting the spelling error in paragraph (B)(1) and the removal of paragraphs (E) and (F).

·         5101:12-70-05.3 "Requirements for initiating CSEA in intergovernmental cases". This rule describes the specific responsibilities of an initiating CSEA. Changes to the rule include clarifying the language in paragraph (B)(4) and updating terminology that is used to be consistent with UIFSA 2008.

·         5101:12-70-05.4 "Requirements for responding CSEA in intergovernmental cases." This rule describes the specific responsibilities of a responding CSEA. Changes to the rule include updating paragraph (B)(4) to be consistent with the administrative responsibility process in rules 5101:12-10- 03 and 5101:12-10-04 and the removal of paragraph (D).

·         5101:12-70-05.5 "Establishment of paternity in an intergovernmental case." This rule describes the process and the responsibilities of each CSEA as an initiating or responding agency when establishing paternity for an intergovernmental case. Changes to the rule include updates to referenced sections of the ORC, clarifying the language found in paragraph (D)(1) and the removal of paragraph (D)(3).

·         5101:12-70-05.6 "Establishment of a child support order in an intergovernmental case." This rule describes the process and responsibility of each CSEA as an initiating or responding agency when establishing a support order for an intergovernmental IV-D case. Changes to the rule include updates to referenced sections of the ORC, clarifying the language found in paragraph (D)(1) and the removal of paragraph (D)(3).

·         5101:12-70-05.7 "Determination of the controlling order." This rule describes the process of determining the controlling order before the CSEA can proceed with any enforcement actions for an interstate case. Changes to the rule include the removal of paragraphs (C)(4) and (C)(7), updating the language to be consistent with the change made to the administrative responsibility rules, 5101:12- 10-03 and 5101:12-10-04, and using updated terminology to be consistent with UIFSA 2008.

·         5101:12-70-05.8 "Enforcement of a support order in an intergovernmental case." This rule describes the process and techniques available to a CSEA as an initiating or responding agency to enforce an intergovernmental case. Changes to the rule include updates to referenced sections of the ORC, updating the language to be consistent with the change made to the administrative responsibility

 

 

 

 

rules, 5101:12-10-03 and 5101:12-10-04, using updated terminology to be consistent with UIFSA 2008, and clarifying paragraph (I).

·         5101:12-70-05.9 "Modification of a controlling order in an intergovernmental case." This rule describes the responsibility of each CSEA as an initiating or responding agency when modifying a controlling child support order in an intergovernmental case. Changes to the rule include updates to referenced sections of the ORC, updating the language to be consistent with the change made to the administrative responsibility rules, 5101:12-10-03 and 5101:12-10-04 and other minor formatting changes.

·         5101:12-70-05.10 "The child support enforcement network." This rules describes the responsibilities of each CSEA, and requires the use of the Child Support Enforcement Network (CSENet) when processing an interstate case. Change to the rule includes clarifying paragraph (B) by simplifying the Child Support Enforcement Network process.

·         5101:12-70-05.11 "Forms for interstate processing." This rule lists the UIFSA mandated forms that a CSEA must use when processing an interstate case. Changes to the rule include adding the word "limited" in paragraph (A)(3), updating the Ohio Revised Code reference in paragraph (A)(7), updating the name of the form in paragraph (D)(1) and updating the form effective date language.

·         5101:12-50-55, "Extradition of obligors." This rule describes the process of extraditing an obligor from another state to Ohio, and describes the process used by the governor of Ohio when a request is received from another state to extradite an obligor residing in Ohio. Changes to the rule include updates to referenced sections of the Ohio Revised Code (ORC).

OCS has proposed to adopt the following rule to consolidate the effective dates of forms within Chapter 5101:12-70 of the Administrative Code to eliminate amending rules when forms are revised:

·         5101:12-70-99 "Chapter 5101:12-70 forms - interstate actions." This is a new rule that contains a compilation of forms with their effective or revised effective date, referenced within various rules contained within division 5101:12 of the Administrative Code, but first cited within Chapter 5101:12-70 of the Administrative Code.

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 and Acquisition Services, 30 East Broad Street, 31st Floor, Columbus, Ohio 43215-3414, by fax at [phone], or by e- mail at [e-mail].