Current through all regulations passed and filed through September 16, 2024
(A) A caretaker of a child who has a
requirement to cooperate with the child support enforcement agency (CSEA) due
to the receipt of Ohio works first (OWF), medicaid, or Title IV-E foster care
maintenance (FCM) benefits may request a good cause waiver of the requirement
to cooperate with the CSEA. When the CSEA determines that cooperation from the
caretaker is not in the best interests of the child or would make it more
difficult for the caretaker or child to escape domestic violence, the CSEA
shall approve a good cause waiver. This rule describes the good cause waiver
process.
(B) The following terms
and definitions apply to this rule:
(1)
"Caretaker" means:
(a) The parent, adult, or
minor head of household with whom a child who receives OWF or medicaid resides;
or
(b) The Title IV-E agency who
has custody of a child who receives FCM benefits.
(2) "Domestic violence" means, in accordance
with section 5107.02 of the Revised Code, a
caretaker or child is being subjected to any of the following:
(a) Physical acts that resulted in, or
threatened to result in, physical injury to the individual;
(b) Sexual abuse;
(c) Sexual activity involving a dependent
child;
(d) Being forced as the
caretaker relative of a dependent child to engage in nonconsensual sexual acts
or activities;
(e) Threats of, or
attempts at, physical or sexual abuse;
(f) Mental abuse, including emotional harm;
or
(g) Neglect or deprivation of
medical care.
(3)
"Permanent good cause waiver" means that no CSEA will require a caretaker to
cooperate with the CSEA as long as the CSEA has administrative responsibility
for the case.
(4) "Temporary good
cause waiver" means that the CSEA will not require a caretaker to cooperate
with the CSEA for a specified period of time.
(5) "Third party" includes but is not limited
to:
(a) Police, courts, and other
governmental entities;
(b) Shelters
and legal, religious, medical, and other professionals from whom a caretaker
sought assistance in dealing with domestic violence;
(c) County departments of job and family
services (CDJFS); or
(d) Other
persons with knowledge of the domestic violence.
(C) The caretaker may request a
good cause waiver from the CSEA by:
(1)
Completing the JFS 07092, "Notice to Individuals Applying for or Participating
in Ohio Works First (OWF) Regarding Cooperation with the Child Support
Enforcement Agency (CSEA)"
(effective or revised effective date as identified in
rule
5101:12-10-99
of the Administrative Code) provided by the CDJFS and submitting it to
the CSEA; or
(2) Completing the JFS
04008, "Request for Good Cause Waiver" (effective or
revised effective date as identified in rule
5101:12-10-99
of the Administrative Code) provided by the CSEA and submitting it to the
CSEA.
(D) When the CSEA
receives an oral or a written request for a good cause waiver from the
caretaker, the CSEA shall issue the JFS 04008 to the caretaker.
(E) When the CSEA receives a JFS 07092 or JFS
04008, the CSEA shall determine whether to approve or deny a good cause
waiver.
(F) When the caretaker
provides an alternate address or telephone number on the JFS 07092, JFS 04008,
or JFS 04011, "Good Cause Waiver Renewal" (effective or
revised effective date as identified in rule
5101:12-10-99
of the Administrative Code) the CSEA shall send all written
correspondence regarding the good cause waiver to the alternate address and
contact the caretaker at the alternate phone number as specified on the JFS
07092, JFS 04008, or JFS 04011.
(G) Written documentation.
When written documentation is not received within forty-five
days of the date the CSEA received the JFS 07092 or JFS 04008, the CSEA shall
deny the good cause waiver and shall issue the JFS 04010, "Denial of Good Cause
Waiver" (effective or revised effective date as identified in rule
5101:12-10-99
of the Administrative Code) to the caretaker.
(H) Permanent good cause waiver.
Upon receipt of a completed JFS 07092 or JFS 04008 and
acceptable written documentation, the CSEA shall approve a permanent good cause
waiver and shall issue the JFS 04009, "Approval of Good Cause Waiver"
(effective or revised effective date as identified in rule
5101:12-10-99
of the Administrative Code) to the caretaker when the child was conceived
as a result of incest or rape and the CSEA determines that requiring
cooperation from the caretaker would not be in the best interests of the
child.
Written documentation is acceptable when the source of the
written documentation is a medical professional, law enforcement agency, or
vital records agency.
(I)
Temporary good cause waiver.
Upon receipt of a completed JFS 07092 or JFS 04008 and
acceptable written documentation, the CSEA shall approve a temporary good cause
waiver and shall issue the JFS 04009 to the caretaker when:
(1) The caretaker or child is being subjected
to domestic violence and the CSEA determines that requiring cooperation from
the caretaker would not be in the best interests of the child or would make it
more difficult for the caretaker or child to escape domestic violence.
(a) Written documentation is acceptable when
the source of the written documentation is a third party. When the caretaker is
unable to provide acceptable written documentation from a third party, the CSEA
shall accept a written statement from the caretaker, unless the CSEA has an
independent, reasonable basis to find the allegation in the caretaker's written
statement not credible.
(b) A
temporary good cause waiver based on domestic violence is for a period not to
exceed twelve months. The CSEA may approve a temporary good cause waiver for
longer than twelve months when a legal document exists that justifies the
extension.
(2) Legal
adoption proceedings regarding the child are pending before a court and the
CSEA determines that requiring cooperation from the caretaker would not be in
the best interests of the child.
(a) Written
documentation is acceptable when the source of the written documentation is a
court, child protective or social services agency, or an attorney for one of
the parties involved in the adoption proceedings.
(b) A temporary good cause waiver based on
pending adoption is for the period during which the adoption is pending before
the court.
(c) If the adoption
proceedings are finalized or dismissed, the CSEA shall terminate the temporary
good cause waiver and shall issue the JFS 04012, "Termination of Good Cause
Waiver" (effective or revised effective date as identified in rule
5101:12-10-99
of the Administrative Code) to the caretaker.
(3) The question of whether to place the
child for adoption is under active consideration and the CSEA determines that
requiring cooperation from the caretaker would not be in the best interests of
the child.
(a) Written documentation is
acceptable when the source of the written documentation is a child protective
or social services agency or an attorney for one of the parties involved in the
adoption proceedings.
(b) A
temporary good cause waiver based on active consideration of adoption is for a
period not to exceed three months. The CSEA may renew a temporary good cause
waiver after three months when the written documentation verifies that the
adoption is still under active consideration.
(c) If the adoption discussions are
terminated, the CSEA shall terminate the temporary good cause waiver and shall
issue the JFS 04012 to the caretaker.
(J) Renewing a temporary good cause waiver.
At least forty-five days before the expiration of the temporary
good cause waiver, the CSEA shall issue the JFS 04011 to the caretaker.
(1) When the caretaker submits the JFS 04011
requesting a renewal of the good cause waiver to the CSEA and the CSEA receives
acceptable written documentation within forty-five days of the date the JFS
04011 was issued by the CSEA, as described in paragraph (H) or (I) of this
rule, the CSEA shall renew the good cause waiver and shall issue a JFS 04009 to
the caretaker.
(2) When the
caretaker submits the JFS 04011 requesting a renewal of the good cause waiver
to the CSEA, the CSEA shall deny the good cause waiver and shall issue a JFS
04010 to the caretaker when:
(a) Acceptable
written documentation is not received by the CSEA within forty-five days of the
date the JFS 04011 was issued; or
(b) The CSEA receives written documentation
within forty-five days of the date the JFS 04011 was issued and determines that
the written documentation is not acceptable, as described in paragraph (H) or
(I) of this rule.
(3)
The CSEA shall terminate the temporary good cause waiver and shall issue the
JFS 04012 to the caretaker when:
(a) The
caretaker fails to complete and submit the JFS 04011 to the CSEA within
forty-five days of the date the JFS 04011 was issued; or
(b) The caretaker submits the JFS 04011 to
the CSEA and the JFS 04011 indicates that the caretaker no longer wants a good
cause waiver.
(K) When the caretaker or child receives OWF
benefits, the CSEA shall notify the CDJFS, either electronically or in writing,
within five days of the CSEA issuing the JFS 04009, JFS 04010, or JFS 04012 to
the caretaker. When the caretaker or child receives medicaid or FCM benefits,
the CSEA may notify the CDJFS or public children services agency (PCSA) when
the CSEA issues a JFS 04009 to the caretaker.
Effective: 10/15/2018
Five Year
Review (FYR) Dates: 7/25/2018 and
10/15/2023
Promulgated
Under: 119.03
Statutory
Authority: 3125.25
Rule
Amplifies: 3125.03,
5160.38,
5107.02,
5107.22
Prior
Effective Dates: 12/01/2001, 02/01/2005, 01/01/2008,
07/01/2013
