Current through all regulations passed and filed through September 16, 2024
(A) The child support enforcement agency
(CSEA) and contractor shall retain all IV-D contract records:
(1) For a period of three years after the
final payment is made to the contractor and all matters relating to the IV-D
contract are concluded; or
(2) In
accordance with the county records commission in the county in which the CSEA
serves, when the county records commission requires a retention period of more
than three years.
(B)
IV-D contract records include but are not limited to:
(1) Documents generated as a result of the
procurement process, when applicable, including proof of formal advertising and
the selection of the contractor;
(2) A list of potential contractors contacted
when the total IV-D contract cost is for an amount that is less than
twenty-five thousand dollars or, when the county in which the CSEA serves has a
contract threshold requirement that is less than twenty-five thousand dollars,
the total IV-D contract cost is for an amount that is less than the local
contract threshold requirement;
(3) All IV-D contract documents;
(4) Documentation of any attempt to enter
into a IV-D contract with the court or law enforcement official;
(5) Any documentation that the sheriff is
unable to provide the resources necessary for service of process in a timely
manner when the CSEA attempts to enter into a IV-D contract with a sheriff;
(6) Any documentation from the
sheriff that the sheriff charges other agencies service of process fees;
(7) Financial records;
(8) Statistical records;
(9) Any documents or correspondence,
including electronic correspondence, from the office of child support (OCS) or
the federal office of child support enforcement regarding the IV-D contract;
and
(10) All other records
regarding delivery of services under the IV-D contract.
(C) When an audit, litigation, or other
action involving the IV-D contract is started before the end of the retention
period, the CSEA and contractor shall retain the IV-D contract records until
all issues are resolved.
(D) The
CSEA and contractor shall make the IV-D contract records available to any
authorized governmental representative during reasonable times. A governmental
representative includes but is not limited to a representative from the:
(1) United States department of health and
human services;
(2) Comptroller
general of the United States;
(3)
State of Ohio;
(4) County auditor;
and
(5) CSEA.
(E) The CSEA shall obtain approval
from the county records commission before destroying the IV-D contract records.
Replaces: 5101:12-10- 45.7
R.C. 119.032 review dates:
04/26/2013 and
04/15/2018
Promulgated
Under: 119.03
Statutory Authority: 3125.25
Rule
Amplifies: 3125.12, 3125.13, 3125.14, 3125.17
Prior Effective Dates:
8/1/75, 8/1/82, 7/1/87 (Emer), 7/1/87, 8/3/87, 12/1/87 (Emer), 12/1/87,
2/29/88, 11/27/89 (Emer), 2/19/90, 4/10/92, 7/15/92, 11/1/93, 7/1/96, 2/1/97,
7/1/02, 1/1/04, 12/2/04, 2/15/09
