5101:12-50-55 Extradition of obligors.

 

 

 

PUBLIC HEARING NOTICE

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

 

DATE:                       October 26, 2005

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 adoption, amendment, or rescission of the rules as identified below and of a public hearing thereon.

 

Rule 5101:1-30-40.1, entitled "Court actions," is being proposed for rescission. This rule discussed how an obligee or a CSEA acting on behalf of an obligee may bring an action in common pleas court to obtain a judgment for unpaid support. It will be replaced with 5101:12-50-50, entitled "Judicial enforcement actions."

 

Rule 5101:1-30-58.3, entitled "Federal criminal non-support," is being proposed for rescission. This rule described how ODJFS and the CSEAs cooperate with the federal office of child support and other federal offices to increase support collections. It will be replaced with 5101:12-50-58, entitled "Criminal enforcement of support orders using 'Project Save Our Children'(PSOC)."

 

Rule 5101:1-30-58.5, entitle "Interstate collections," is being proposed for rescission. This rule explained that collections received pursuant to a support order shall be disbursed in the same manner as intrastate collections as directed in the order. It will be replaced with rule 5101:12-70-05.1, entitled " Requirements for initiating and responding CSEAs in interstate cases."

 

Rule 5101:1-30-58.7, entitled "Payment and recovery of costs for interstate cases," is being proposed for rescission. This rule described which state incurs the costs of processing interstate IV-D cases and which forms they must use when attempting to receive federal reimbursement. It will be replaced with 5101:12-70-05.1, entitled "Requirements for initiating and responding CSEAs in interstate cases."

 

Rule 5101:1-30-58.9, entitled "Surrender of obligor charged with criminal non-support," is being proposed for rescission. This rule explained that, according to the Revised Code, a governor is empowered to order the surrender of an obligor charged with criminal nonsupport. It will be replaced with 5101:12-50-55, entitled "Extradition of obligors."

 

Rule 5101:1-30-86, entitled "Voiding of fraudulent transfers," is being proposed for rescission. This rule described how the CSEA may bring an action to investigate a fraudulent transfer of funds by an obligor. It will be replaced with 5101:12-50-50, entitled "Judicial enforcement actions."

 

 

 

 

 

 

 

Rule 5101:1-30-88, entitled "Professional license suspension," is being proposed for rescission. This rule described how a CSEA may use a professional license suspension as an enforcement tool. It will be replaced with 5101:12-55-25, entitled "License suspension."

Rule 5101:1-30-88.1, entitled "Suspension of driver's license," is being proposed for rescission.  This rule described how a CSEA may use the suspension of a driver's license as an enforcement tool.  It will be replaced with 5101:12-55-25, entitled "License suspension."

Rule 5101:1-30-88.2, entitled "Recreational license suspension," is being proposed for rescission. This rule described how a CSEA may use the suspension of a recreational license as an enforcement tool. It will be replaced with 5101:12-55-25, entitled "License suspension."

Rule 5101:1-30-90, entitled "Poster program," is being proposed for rescission.  This rule described how the office of child support, in the department of job and family services, shall establish a program to print posters of obligors who are delinquent in their support payments.  It will be replaced with 5101:12-50-65, entitled "Office of child support poster program."

Rule 5101:12-50-05, entitled "Techniques for the enforcement of support orders", is being modified because of the OCS rule reorganization.  This rule describes techniques for the enforcement of support orders.  This rule deletes the references to the voiding of fraudulent transfers.  This rule also replaces "Court actions" with "Judicial enforcement actions," replaces "Federal criminal nonsupport" with "Criminal enforcement of support orders using "Project Save Our Children," and renumbers the paragraphs.

Rule 5101:12-50-50, entitled "Judicial enforcement actions," is being proposed for adoption because of the five year review process and the OCS rule reorganization.  This rule sets forth the judicial enforcement actions that are in addition to those included in 5101:1-30-40.1. The proposed rule describes both required and discretionary judicial actions.

Rule 5101:12-50-55, entitled "Extradition of obligors", is being proposed for adoption because of the five year review process and the OCS rule reorganization. This rule discusses the process for extraditing obligors.  The rule reorganizes the material for  clarity and ease of use and provides greater detail regarding the CSEA's actions when requesting the extradition of an obligor from another state or responding to a request from another state of an obligor located in Ohio.  It also describes the process used by the Ohio governor when a request to extradite an obligor from another state or to Ohio is received. It replaces former rule 5101:1-30-58.9, "Surrender of obligors charged with criminal nonsupport."

Rule 5101:12-50-58, entitled "Criminal enforcement of support orders using 'Project Save our Children' (PSOC)," is being proposed for adoption because of the five year review

process and the OCS rule reorganization.  This rule describes existing federal procedures and reorganizes the material for clarity and ease of use.  It also includes specific reference to referral forms and a security agreement that is specifically for use in the PSOC program.  It replaces former rule 5101:1-30-58.3, "Federal criminal nonsupport."

Rule 5101:12-50-65, entitled "Office of child support poster program," is being proposed for adoption because of the five year review process and the OCS rule reorganization.

This rule separates the provisions for the Office of Child Support (OCS) poster program and the CSEA poster program into a principle rule and a supplemental rule (5101:12-50- 65.1), respectively and reorganizes the material for clarity and ease of use.  Information contained in the Ohio Revised Code regarding the OCS and child support enforcement agency (CSEA) poster programs have been inserted and the rules specifically state that the posters may also be displayed electronically.  The titles of required and model forms that are used in the process are included and it has been made clear that the CSEA is not required to use the JFS 07022 when operating the CSEA poster program.  It replaces former rule 5101:1-30-90, "Poster program."

Rule 5101:12-50-65.1, entitled "Child support enforcement agency poster program," is being proposed for adoption because of the five year review process and the OCS rule reorganization.  This rule is the supplemental rule associated with the principle rule 5101:12-50-65.  It gives instructions to the CSEAs about how to establish a poster program that lists ten of the county's obligors who are delinquent on their child support payments.

Rule 5101:12-55-25, entitled "License suspension," is being proposed for adoption because of the five year review process and the OCS rule reorganization.  This rule combines three former rules into one rule.  The proposed rule describes a notice to the obligor about the proposed action to suspend a license.  This notice was not described in the previous rules, but is required by the Ohio Revised Code.  The rules have been reorganized for clarity and ease of use.  It replaces former rules 5101:1-30-88, "Professional license suspension," 5101:1-30-88.1, "Suspension of driver's license," and 5101:1-30-88.2, "Recreation license suspension."

Rule 5101:12-55-26, entitled "Suspension of license to practice law," is being proposed for adoption because of the five year review process and the OCS rule reorganization. This rule describes the procedures that are necessary for a child support enforcement agency (CSEA) to pursue the suspension of a license to practice law.  No substantive changes to the CSEA's procedures have been made.

Rule 5101:12-70-05.1, entitled "Requirements for initiating and responding CSEAs in interstate cases," is being proposed for adoption because of the five year review process and the OCS rule reorganization. This rule describes the requirements for both the initiating and responding CSEAs in interstate cases.  Information which describes disbursement was deleted since it is contained paragraph (A)(1) of rule 5101:12-80-05.4, "Child support payment central (CSPC) disbursements."  The second sentence of paragraph (A) and all of paragraph (B) were combined and included in paragraphs

(A)(1)(f) and (A)(2)(i) of rule 5101:12-70-05.1.  This proposed rule replaces former rules 5101:1-30-58.5, "Interstate collections," and 5101:1-30-58.7, "Payment and recovery of costs for interstate cases," which are being rescinded.

A copy of the proposed rules is 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 a copy 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, 30 East Broad Street, 31st Floor, Columbus, Ohio 43215-3414, by fax at [phone], or by e- mail at [e-mail].