5101:12-60-45 Continuation of support obligation beyond the child's eighteenth birthday.

 

 

PUBLIC HEARING NOTICE

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

 

DATE:           October 31, 2006

TIME:              1:00 p.m.

LOCATION: Room 2925, Rhodes State Office Tower, 30 East Broad St., Columbus, Ohio 43215

 

Pursuant to sections 3119.51, 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 as part of the Office of Child Support (OCS) rule reorganization, which includes reviewing each child support rule in Division 5101:1 of the Administrative Code and transitioning the rule to Division 5101:12:

 

·         Rule 5101:1-29-12, "Non-OWF recipient application for child support services."  This rule describes the application fee for child support services to non public assistance cases.  This rule is not being replaced as the information is contained in rules 5101:12-10-01.1 and 5101:12-10-40.1.

·         Rule 5101:1-29-35.1, "Establishment of medical support," provides definitions related to the health insurance provision of a child support order and requirements that child support orders include a provis ion for the health care needs of the child.  It is being replaced by rules 5101:12-47-01, 5101:12-57-01, and 5101:12-57-10.

·         Rule 5101:1-29-35.2, "Enforcement of medical support," describes the entities responsible for enforcing the medical support provisio ns of a child support order. It is being replaced by rules 5101:12-1-56, 5101:12-47-01, 5101:12-57-01, and 5101:12-57-10 to 5101:12-57-10.6. Part of paragraph (S) will be contained in the next revision of rule 5101:12-10-31.2.

·         Rule 5101:1-29-35.6, "Medic al support payments," describes the responsibility of the child support enforcement agency (CSEA) to enforce and collect medical support payments.  It is being replaced by rule 5101:12-57-20.

·         Rule 5101:1-29-36, "Incentive," describes the incentives a CSEA may receive for collecting assigned medical support payments.  It is being replaced by rule 5101:12-1-56.

·         Rule 5101:1-30-75, "Certification to the U.S. district court," describes the process for a CSEA

to request that the U.S. district court enforce an Ohio court support order when another state fails to enforce the order.  It is being replaced by rule 5101:12-50-45.

·         Rule 5101:1-31-04, "Child support administrative fund," describes the CSEA's responsibility of establishing and maintaining an administrative fund to operate the child support program. The Office of Fiscal Services within the Ohio Department of Job and Family Services is replacing this rule with rules 5101:9-6-83 and 5101:9-7-23.

·         Rule 5101:1-31-21, "IV-D allowable expenditures," describes the expenditures for which a CSEA may receive federal financial participation (FFP) reimbursement.  It is being replaced by rule 5101:12-1-60.

·         Rule 5101:1-31-22, "Non-PA application fee," describes the application fee for non-public assistance cases that request child support services. This rule is not being replaced as the information is already contained in rules 5101:12-10-01.1 and 5101:12-10-40.1.

 

 

 

 

 

·         Rule 5101:1-31-23, "Clerk of court fees and court costs for PA and non-PA recipients," describes the court fees paid by a CSEA for which the CSEA can get FFP reimbursement in public assistance and non public assistance cases.  It is being replaced by rule 5101:12-1-60 and 5101:12-1-60.1.  In addition, it describes the application fee for non-public assistance cases that request child support services.  This portion of the rule is not being replaced as the information is already contained in rules 5101:12-10-01.1 and 5101:12-10-40.1.

·         Rule 5101:1-31-25, "Expenditures excluded from reimbursement under the Title IV-D program," describes CSEA expenditures that are excluded from FFP reimbursement.  It is being replaced by rule 5101:12-10-60.1.

·         Rule 5101:1-32-06, "Parental duty of support beyond the age of majority," describes the circumstances when the duty of support in an existing child support order extends beyond the child's eighteenth birthday.  It is being replaced by rule 5101:12-60-45.

The following OAC rules are being proposed for adoption as part of the OCS rule reorganization, which includes reviewing each child support rule in Division 5101:1 of the Administrative Code and transitioning the rule to Division 5101:12:

·         Rule 5101:12-1-56, "Assigned medical support collections incentives," describes the incentives a CSEA may receive for collecting assigned medical support payment and instructions on when to complete the JFS 06613.  Changes to the rule include: references to SETS and the CSPC and an address have been removed because the language is not necessary to the rule; the instructions that the CSEA use retained funds as matching funds have been removed because it is addressed in rule 5101:12-1-50. This rule replaces rule 5101:1-29-36 and part of 5101:1-29-35.2.

·         Rule 5101:12-1-60, "Expenditures eligible for federal financial participation reimbursement," describes the support enforcement program services and IV-D services for which a CSEA may request FFP reimbursement.  It replaces rule 5101:1-31-21 and part of rule 5101:1-31-23.

·         Rule 5101:12-1-60.1, "Expenditures ineligible for federal financial participation reimbursement," describes the expenditures for which a CSEA shall not receive FFP reimbursement. It replaces rule 5101:1-31-25 and part of rule 5101:1-31-23.

·         Rule 5101:12-47-01, "Provision for medical support," describes the CSEA's requirement to include a provision for medical support in all child support orders and provides definitions of frequently used terms. It replaces part of rule s 5101:1-29-35.1 and 5101:1-29-35.2.

·         Rule 5101:12-50-45, "Enforcing a court support order through the United States district courts," describes the process for a CSEA to request that the U.S. district court enforce an Ohio court support order when another state fails to enforce the order.  The rule was revised and reformatted for clarity.  The only difference in the process from the previous rule is that the CSEA, rather than the Office of Child Support, sends the thirty day notice to the other state.  It replaces rule 5101:1-30-75.

·         Rule 5101:12-57-01, "Enforcement of medical support provisions," describes the responsibility of the CSEA to enforce a medical support provision that is contained in a child support order. It replaces part of rules 5101:1-29-35.1 and 5101:1-29-35.2.

·         Rule 5101:12-57-10, "National medical support notice," describes the purpose of the National Medical Support Notice (NMSN), requirements for issuing and enforcing the NMSN, and the action required by the CSEA when the health insurance obligor is an active member of the military. It replaces part of rule s 5101:1-29-35.1 and 5101:1-29-35.2.

·         Rule 5101:12-57-10.1, "Responsibility of employer," describes the responsibility of the employer of the health insurance obligor upon receiving the NMSN.  It replaces part of rule 5101:1-29-35.2.

·         Rule 5101:12-57-10.2, "Responsibility of health plan administrator," describes the responsibility of the health plan administrator upon receiving the NMSN.  It replaces part of rule 5101:1-29-35.2.

·         Rule 5101:12-57-10.3, "Selecting a health plan option," describes the responsibilities of the CSEA and the custodial parent in selecting a health plan option in which to enroll the child based on plan information received from the health plan administrator.  It replaces part of rule 5101:1-29-35.2.

·         Rule 5101:12-57-10.4, "Administrative mistake of fact hearing regarding the national medical support notice," describes the reasons a health insurance obligor may request an administrative mistake of fact hearing, the time-frame and method of submitting the request, the hearing process, and the health insurance obligor's right to object to the decision by  filing an action with the court.  Clarification has been added that the CSEA shall not address the decision for reimbursement when a hearing determines that the person named as the health insurance obligor was named in error and premiums have been deducted.  It replaces part of rule 5101:1-29-35.2.

·         Rule 5101:12-57-10.5, "Court mistake of fact hearing regarding the national medical support notice," describes the court mistake of fact hearing process.  Clarification has been added  that when the hearing determines that the person named as the health insurance obligor was named in error and premiums have been deducted, the court does not address the decision  for reimbursement as the decision for reimbursement is the responsibility of the employer and the health plan administrator.  It replaces part of rule 5101:1-29-35.2.

·         Rule 5101:12-57-10.6, "Terminating the national medical support notice," describes the three circumstances under which a CSEA may terminate the NMSN. It replaces part of rule 5101:1-29-35.2.

·         Rule 5101:12-57-20, "Medical support payment," provides definitions of birth costs and medical support payments and directs the CSEA to collect and enforce medical support payment orders.  Definitions of "prenatal" and "postpartum" have been removed because they are not needed. It replaces part of rule 5101:1-29-35.6.

·         Rule 5101:12-60-45, "Continuation of support obligation beyond the child's eighteenth birthday," describes that a child support order continues beyond the child's eighteenth birthday under three circumstances, describes the three circumstances, and identifies which two of the three circumstances require the parental duty of child support to not extend beyond the child's nineteenth birthday.  It replaces rule 5101:1-32-06.

Copies of the proposed rules are available, without charge, to any person affected by the rules at the address listed below.  The rules 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].