Current through all regulations passed and filed through December 16, 2024
(A) IV-D application.
(1) The child support enforcement agency
(CSEA) will make IV-D applications readily accessible to the
public. The CSEA
will provide a IV-D application to an individual
requesting services on the day the individual makes a request in person or send
a IV-D application to the individual within five working days of a written or
telephone request.
(2) The CSEA
will not mandate an application, other request for services, or an application
fee from any individual who is eligible to receive IV-D services as a result of
a referral described in paragraph (B) of this rule, unless, after receipt of
the IV-D referral, IV-D services were terminated in accordance with rule
5101:12-10-70 of the
Administrative Code.
(3) The CSEA
will
charge a one dollar IV-D application fee when an individual files a IV-D
application. The CSEA may
request the applicant to pay the IV-D application
fee or may absorb the IV-D application fee.
(4) The CSEA will accept a
completed and signed IV-D application as filed on the day the IV-D application
was received by the CSEA and the application fee was received or absorbed by
the CSEA.
(5) When IV-D services
were previously terminated, the individual
will file a new
IV-D application and be charged an application fee unless:
(a) The CSEA receives a IV-D referral;
or
(b) The CSEA
reopens the IV-D case for administrative
reasons.
(B)
A IV-D referral may be received from:
(1) A
county department of job and family services (CDJFS) as a result of an
application for medicaid benefits when there is an existing support order for
the child or as a result of an application for Ohio works first
(OWF);
(2) A Title IV-E agency that
resulted from a determination of eligibility for foster
care maintenance ( FCM) benefits;
or
(3) The Ohio interstate central
registry as a result of the receipt of a Uniform Interstate Family Support Act
interstate petition in accordance with
42 U.S.C.
666(f) (12/14/1999) for a
IV-D case.
(C) When IV-D
services were previously terminated and the CSEA receives a new IV-D referral
from a CDJFS, medicaid, or Title IV-E agency, the CSEA will conduct a thorough
investigation, which may include a face-to-face interview, phone contact with
the recipient of services, or other form of investigation, within the twenty
day time frame. If the facts underlying the termination of IV-D services have
not changed and are documented in the case record and no new information is
available to help provide IV-D services, then the case does not need to be
reopened.
(D) The CSEA
will
approve a completed and signed IV-D application or a IV-D referral for IV-D
services unless the IV-D application or IV-D referral meets a denial criteria
described in paragraph (E) of this rule.
(E) The CSEA will deny IV-D
services to a IV-D application or a IV-D referral when:
(1) The non-custodial parent is seeking to
locate a child;
(2) The parent who
has been granted custody of a child is seeking to locate and recover that child
who may have been removed by the non-custodial parent (in this circumstance the
CSEA should refer to rule
5101:12-20-10 of the
Administrative Code concerning location services for parental kidnapping and
child custody cases);
(3) An adult
child is seeking to locate a parent;
(4) A child is attempting to reunite with a
sibling;
(5) The applicant is
requesting reimbursement for medical costs that have not been reduced to a
dollar amount in a court order;
(6)
The applicant requests services that are not available from the CSEA (in this
circumstance, the CSEA is responsible for determining, based on the facts and
circumstances of the application, whether the requested service is or is not
available);
(7) The referral is for
a pregnant woman with no other child;
(8) The case has already been approved for
IV-D services;
(9) The child has attained the age of
majority unless:
(a) The child is attending an
accredited high school on a full-time basis and has not attained the age of
nineteen;
(b) A court order has
made special provisions that would extend the duty of support beyond the
child's minority;
(c) IV-D services
are requested to establish paternity and the child has not attained the age of
twenty-three; or
(d) IV-D services
are requested to collect arrears; or
(10)
The applicant is
not a parent, alleged father of the child, or primary caregiver as determined
in accordance with rule
5101:12-60-60 of the
Administrative Code.
(F) The CSEA may deny IV-D services to a IV-D
application when the application does not provide minimum information necessary
to attempt location efforts: names of the participants and either dates of
birth or social security numbers of the participants; and the CSEA has made
diligent efforts to obtain the information necessary to attempt
location.