5101:12-70-05.9 Modification of a controlling order in an intergovernmental case.

 

 

PUBLIC HEARING NOTICE

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

 

DATE: September 1, 2011

TIME: 10:00 a.m.

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

 

Pursuant to section 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 rescission and adoption of the rules as identified below and of a public hearing thereon.

 

The following Ohio Administrative Code (OAC) rules are being proposed for rescission to renumber the rules and to comply with revisions to 45 CFR section 303.7 concerning child support enforcement services. The revisions to 45 CFR section 303.7 are limited to clarification and reorganization of existing federal regulations, and the addition of existing requirements under federal law to 45 CFR section 303.7, are not new federal requirements, but, do necessitate corresponding changes to existing rules.

 

·         Rule 5101:12-70-05,"Scope of rule and definitions for interstate case processing," provides definitions of interstate terms. This rule is being replaced with a new rule with the same rule number, but different title, because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.

 

·         Rule 5101: 12-70-05.1, "Requirements for initiating and responding CSEAs in interstate cases," describes the specific requirements that the child support enforcement agency (CSEA) must comply with when processing an interstate case as an initiating or responding agency. This rule is being replaced with two new rules. The requirements for initiating CSEA are being moved to new rule 5101:12-70-05.3, and the requirements for responding CSEA are being moved to new rule 5101:12- 70-05.4.

 

·         Rule 5101:12-70-05.2, "Establishment of paternity in interstate cases," describes the process and the responsibilities of each CSEA as an initiating or responding agency when establishing paternity for an interstate case. This rule is being replaced with new rule 5101:12-70-05.5.

 

·         Rule 5101:12-70-05.3, "Establishment of support orders in interstate cases," describes the process and responsibilities of each CSEA as an initiating or responding agency when establishing a support order for an interstate case. This rule is being replaced with new rule 5101:12-70-05.6.

 

·         Rule 5101:12-70-05.4, "Determining the controlling order," describes the process of determining the controlling order before the CSEA can proceed with any enforcement actions for an interstate case. This rule is being replaced with new rule 5101:12-70-05.7.

 

·         Rule 5101:12-70-05.5, "Enforcement of support orders in interstate cases," describes the process and techniques available to a CSEA as an initiating or responding agency to enforce an interstate case. The provisions of paragraphs (F) and (G) of this rule are being moved to new rule 5101:12-70-05.2 because the provisions apply only to the Central Registry. This rule is being replaced with new rule 5101:12-70-05.8.

 

·         Rule 5101:12-70-05.6, "Modification of controlling orders in interstate cases," describes the responsibilities of each CSEA as an initiating or responding agency when modifying a controlling child support order in an interstate case. This rule is being replaced with new rule 5101:12-70-05.9.

 

 

 

 

 

 

·         Rule 5101:12-70-10, "Forms for interstate case processing," lists the UIFSA mandated forms that a CSEA must use when processing an interstate case. This rule is being replaced with new rule 5101:12-70-05.11.

·         Rule 5101:12-70-15, "The role and responsibilities of the interstate central registry (ICR)," describes the responsibilities of Ohio's Central Registry when processing an interstate case.    This rule is being replaced with new rule 5101:12-70-05.2.

·         Rule 5101:12-70-20, "The child support enforcement network," describes the responsibilities of each CSEA, and requires the use of the Child Support Enforcement Network (CSENet) when processing an interstate case. This rule is being replaced with new rule 5101:12-70-05.10.

The following rules are being proposed for adoption to replace rescinded rules and to incorporate revisions from 45 CFR section 303.7 concerning child support enforcement services.

·         Rule 5101:12-70-05, "Scope and definitions for intergovernmental cases," is the principle rule, which provides definitions of intergovernmental terms. Changes from the rescinded rule (5101:12- 70-05) include: change the title; add new definitions as a result of 45 CFR 303.7, including replacing the term "interstate" with "intergovernmental" where appropriate, which includes a combination of referrals between states, tribes, and countries; and revise language for clarity.

·         Rule 5101:12-70-05.1, "CSEA general responsibilities," is a new rule that describes the general responsibilities of the CSEA as an initiating or a responding agency. This rule does not replace any rescinded rule.

·         Rule 5101:12-7-05.2, "Responsibilities of Ohio interstate central registry," describes the responsibilities of Ohio's Central Registry when processing an intergovernmental case. There are no policy changes between this new rule and the rules it is replacing. The entire text of rescinded rule 5101:12-70-15 has been moved to this new rule, and paragraphs (F) and (G) from rescinded rule 5101:12-70-05.5 have been moved to this rule because those provisions apply only to the Central Registry.

·         Rule 5101:12-70-05.3, "Requirements for initiating CSEA in intergovernmental cases," describes the specific responsibilities of an initiating CSEA. Changes from the rescinded rule (5101:12-70-05.1) include: move to this rule the provisions that apply only to the initiating CSEA from the rescinded rule; and incorporate the new responsibilities of the initiating CSEA in order to comply with 45 CFR 303.7.

·         Rule 5101:12-70-05.4, "Requirements for responding CSEA in intergovernmental cases," describes the specific responsibilities of a responding CSEA. Changes from the rescinded (5101:12-70-05.1) include: move to this rule the provisions that apply only to the responding CSEA from the rescinded rule; and incorporate the new responsibilities of the responding CSEA in order to comply with 45 CFR 303.7.

·         Rule 5101:12-70-05.5, "Establishment of paternity in an intergovernmental case," describes the process and the responsibilities of each CSEA as an initiating or responding agency when establishing paternity for an intergovernmental case. There are no policy changes between this new rule and the rule it is replacing. The entire text of rescinded rule 5101:12-70-05.2 has been moved to this new rule.

·         Rule 5101:12-70-05.6, "Establishment of a child support order in an intergovernmental case," describes the process and responsibility of each CSEA as an initiating or responding agency when establishing a child support order. Changes from the rescinded rule (5101:12-70-05.3) include: revising the language for clarity. There are no policy changes between this new rule and the rule it is replacing.

·         Rule 5101:12-70-05.7, "Determination of the controlling order," describes the process of determining the controlling order before the CSEA can proceed with any enforcement actions for an interstate case. Changes from the rescinding rule (5101:12-70-05.4) include: add new federal requirements, such as completing certain actions within twenty days; delete language that is informational; and rearrange the paragraphs and revise the language for clarity.

·         Rule 5101:12-70-05.8, "Enforcement of a child support order in an intergovernmental case," describes the process and techniques available to a CSEA as an initiating or responding agency to enforce an intergovernmental case. Changes from the rescinded rule (5101:12-70-05.5) include: revise the language and rearrange the paragraphs for clarity. There are no policy changes between this new rule and the rule it is replacing.

·         Rule 5101:12-70-05.9, "Modification of a controlling order in an intergovernmental case," describes the responsibility of the child support enforcement agency (CSEA) as an initiating or responding agency when modifying a controlling child support order in an intergovernmental case. Changes from the rescinded rule (5101:12-70-05.6) include: rearrange the paragraphs and revise the language for clarity; and clarify which state or CSEA in Ohio is responsible for modifying the controlling order under certain circumstances. There are no policy changes between this new rule and the rule it is replacing.

·         Rule 5101:12-70-05.10, "The child support enforcement network," describes the Child Support Enforcement Network (CSENet), which is an electronic communications network that transmits and receives information between states. The rule requires CSENet use when processing an interstate case when applicable, and lists the codes associated with every available electronic transaction. Changes from the rescinding rule (5101:12-70-20) include: deleting language that is informational. There are no policy changes between this new rule and the rule it is replacing.

·         Rule 5101:12-70-05.11, "Forms for interstate case processing," describes the UIFSA mandated forms that a CSEA must use when processing an interstate case. Changes from the rescinded rule (5101:12-70-10) include: deleting language that is informational. There are no policy changes between this new rule and the rule it is replacing.

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]..