Current through all regulations passed and filed through December 16, 2024
(A) This rule describes the conditions that
must exist and the process a child support enforcement agency (CSEA) shall use
to terminate IV-D services or to terminate support enforcement program services
(i.e., case closure).
(B) Terms
used in this rule.
(1) "Alleged father," as
used in this rule, means a man who alleges or is alleged to be the father of a
child.
(2) "Caretaker," as used in
this rule, means the custodial parent, individual, or agency that is or may
become the beneficiary of a support order.
(3) "Case closure" means the termination of
support enforcement program services.
(4) "Duty to provide support enforcement
program services" means the responsibility, imposed pursuant to section
3125.11 of the Revised Code, to
enforce support orders in the county the CSEA services.
(5) "IV-D case" is defined in rule
5101:12-1-10 of the
Administrative Code.
(6) "IV-D
services" are identified in rule
5101:12-10-01 of the
Administrative Code and also include support enforcement program
services.
(7) "Non-custodial
parent" or "NCP" means an individual who is or may become obligated to pay
support.
(8) "Non IV-D case" is
defined in rule
5101:12-1-10 of the
Administrative Code.
(9)
"Non-public assistance case" or "NPA case," for the purposes of this rule, is a
IVD case in which:
(a) The CSEA approved a
IV-D application;
(b) The CSEA
received a IV-D referral but the Ohio works first (OWF), medicaid, or Title
IV-E foster care maintenance (FCM) benefits have terminated. There may or may
not be assigned arrears; or
(c) The
CSEA received a IV-D referral and the child is currently receiving medicaid
benefits and one of the following exists:
(i)
The caretaker with whom the child resides is not receiving medicaid benefits;
or
(ii) The caretaker with whom the
child resides is receiving medicaid benefits and the caretaker meets one of the
exceptions to cooperation in accordance with paragraph (D) of rule
5101:12-10-31 of the
Administrative Code.
(10) "Public assistance case" or "PA case,"
for the purposes of this rule, means a IVD case in which the CSEA received a
IV-D referral and:
(a) The child is currently
receiving OWF or FCM benefits; or
(b) The child is currently receiving medicaid
benefits, the caretaker with whom the child resides is receiving medicaid
benefits, and the caretaker is required to cooperate with the CSEA in
accordance with paragraph (D) of rule
5101:12-10-31 of the
Administrative Code.
(11) "Recipient of IV-D services," for the
purposes of this rule, means:
(a) The
individual who signed the approved IV-D application; or
(b) The caretaker in a IV-D
referral.
(12) "Support
enforcement program services" are identified in rule
5101:12-10-01 of the
Administrative Code.
(C)
When the phrase "terminate services" is used in this rule, it refers to the
decision made by the CSEA to either terminate all services or to terminate IV-D
services but continue to provide support enforcement program services. The
decision made by the CSEA must be made based on one of the criteria described
in paragraph (D) of this rule. To further clarify, when the CSEA elects to
terminate services, then:
(1) In a IV-D case:
(a) IV-D services terminate but the CSEA
shall continue to provide support enforcement program services when the CSEA
has a duty to provide support enforcement program services. The case is then
considered a non-IV-D case.
(b)
Case closure shall occur when IV-D services have been terminated and the CSEA
has no duty to provide support enforcement program services.
(2) In a non-IV-D case, case
closure shall occur when the CSEA has no duty to provide support enforcement
program services.
(D) A
CSEA may terminate services when the case record contains verification that the
case meets one of the following criteria:
(1)
There is no current support obligation owed to the caretaker and one of the
following applies:
(a) The child is no longer
in the home of the caretaker and there is no support order or no arrears are
owed under a terminated support order.
Use of this criterion shall result in case closure.
(b) There is no duty of support,
as described in section
3103.03 of the Revised Code,
owed to the caretaker, and paternity establishment is not required.
Use of this criterion shall result in case closure.
(c) The court or administrative
support order has been terminated and there are no arrears or the total of all
arrears is less than five hundred dollars and a payment has not been received
on the case within the preceding six months.
Use of this criterion shall result in a non-IV-D case when
there are arrears or case closure when there are no arrears.
(d) The court or administrative support order
has been terminated, the arrears are unenforceable under state law, and a
payment has not been received on the case within the preceding six months.
Use of this criterion shall result in a non-IV-D case.
(e) The child has reached the age
of majority, the NCP is entering or has entered long-term care arrangements
(such as a residential care facility or home health care), and the NCP has no
available income or assets above the subsistence level that could be levied or
attached for support.
Use of this criterion shall result in a non IV-D case when
there are arrears, or case closure when there are no arrears.
(2) The NCP has died and no
further support enforcement program services, including a levy against the
estate, can be provided.
Use of this criterion shall result in case closure.
(3) The CSEA cannot establish
paternity because:
(a) The child is
twenty-three years of age or older and the action to establish paternity is
barred by statute of limitations as specified in section
3111.05 of the Revised
Code;
(b) Genetic testing has
excluded the alleged father;
(c)
There is a final and enforceable determination of paternity that determines
that the alleged father is not the father of the child or that another man is
the father of the child;
(d) The
CSEA has determined that it would not be in the best interest of the child to
establish paternity in a case involving incest or forcible rape or where legal
proceedings for adoption are pending; or
(e) The identity of the biological father is
unknown and cannot be identified after diligent efforts, including at least one
interview by the CSEA with the recipient of IV-D services.
Use of this criterion shall result in case closure.
(4) The NCP's location
is unknown, the CSEA has made diligent efforts to locate the NCP using multiple
sources, as described in rules
5101:12-20-05 to
5101:12-20-05.3 of the
Administrative Code, and all efforts have been unsuccessful over a period of:
(a) Two years when there is sufficient
information to initiate an automatic locate effort;
(b) One year when there is sufficient
information to initiate an automatic locate effort, but locate interfaces are
unable to verify a social security number; or
(c) Six months when there is not sufficient
information to initiate an automatic locate effort.
Use of this criterion shall result in a non-IV-D case when
there is a support order or arrears, or in case closure when there is no
support order or arrears.
(5) The NCP has no available income or assets
above the subsistence level that could be levied or attached for support and
cannot pay support for the duration of the child's minority, or after the child
has reached the age of majority because:
(a)
The NCP is institutionalized in a psychiatric facility;
(b) The NCP is incarcerated; or
(c) The NCP has a medically verified total
and permanent disability with no evidence of support potential.
Use of this criterion shall result in a non-IV-D case when
there is a support order or arrears, or in case closure when there is no
support order or arrears.
(6) The NCP's sole income is from
supplemental security income (SSI) payments, and paternity has been
established.
Use of this criteria shall result in a non-IV-D case when there
is a support order or arrears, or in case closure when there is no support
order or arrears.
(7) The
NCP is a citizen of and lives in a foreign country and:
(a) Does not work for the federal government
or a company with headquarters or offices in the United States;
(b) Has no reachable domestic income or
assets; and
(c) There is no federal
or state treaty or reciprocity with that country.
Use of this criterion shall result in a non-IV-D case when
there is a support order or arrears, or in case closure when there is no
support order or arrears.
(8) The case was opened for location services
only, location services have been completed, and a final location response has
been sent to the caretaker.
This criterion shall only be used in an NPA case or a Title
IV-E, non-FCM case when the case was opened as a result of a request for
location services only. Use of this criterion shall result in a non-IV-D case
when there is a support order or arrears, or in case closure when there is no
support order or arrears.
(9) The recipient of IV-D services requests
that the CSEA terminate IV-D services.
(a)
This criterion shall only be used in a case when there are no assigned arrears
and the CSEA:
(i) Approved a IV-D application;
or
(ii) Received a IV-D referral
but the OWF, medicaid, or FCM benefits have terminated.
(b) Use of this criterion shall result in a
non-IV-D case when there is a support order or arrears, or in case closure when
there is no support order or arrears.
(10) The CSEA has:
(a) Approved a good cause waiver or
determined other exceptions to cooperation; and
(b) Determined that no support enforcement
services may be provided without risk of harm to the child or caretaker.
Use of this criterion shall result in case closure.
(11) The CSEA is unable
to contact the recipient of IV-D services despite a good faith effort made
through at least two different methods, one of which shall be a letter sent by
first class mail to the last known address. Other methods may include attempted
contact by: email, telephone, the state services portal (SSP), or other method.
The two methods of contact shall be documented in the case record.
This criterion shall only be used in an NPA case when there are
no assigned arrears. Use of this criterion shall result in a non-IV-D case when
there is a support order or arrears, or in case closure when there is no
support order or arrears.
(12) The CSEA documents the circumstances of
non-cooperation by the recipient of IV-D services and an action by the
recipient of IV-D services is essential for the next step in providing
services.
This criterion shall only be used in an NPA case when there are
no assigned arrears. Use of this criterion shall result in a non-IV-D case when
there is a support order or arrears, or in case closure when there is no
support order or arrears.
(13) Another assistance program, including
Title IV-A, Title IV-E, supplemental nutrition assistance program (SNAP), and
medicaid, has referred a case to the CSEA that the CSEA determines is
inappropriate to establish a child support order and the caretaker or NCP has
not applied for IV-D services. Circumstances where it may be inappropriate to
establish a child support order include, but are not limited to when:
(a) The child is living in the home of an
intact two parent household;
(b)
The caretaker is not receiving benefits from an assistance program that
requires the caretaker's cooperation with the CSEA;
(c) A married parent has applied for Title
IV-A, SNAP, or medicaid benefits for the child while the other parent has
temporarily left the area to find work;
(d) The family is receiving a non-recurring,
short-term benefit that does not fall within the definition of "assistance"
under 45 C.F.R.
260.31 (10/01/2010); or
(e) The child is expected to be in foster
care for only a short time before being reunited with their family or before
adoption proceedings are finalized.
This criterion may only be used prior to the establishment of a
support order. The CSEA shall make reasonable efforts to establish paternity
prior to use of this criterion.
Use of this criterion shall result in a case closure.
(14) The CSEA documents
that the initiating state has failed to take an action after repeated requests
from the CSEA for additional information or documents, that is essential for
the CSEA to take the next step in providing services.
Use of this criterion shall result in case closure if there is
no Ohio controlling order on the case, or there are no assigned arrears owed to
Ohio. If there is an Ohio controlling order, or if there are assigned arrears
owed to Ohio, the use of this criterion shall result in a non-IV-D case.
(15) The initiating agency has
notified the CSEA that the initiating state has closed its case. The CSEA shall
close the case within ten business days of receiving the notification.
Use of this criterion shall result in case closure if there is
no Ohio controlling order on the case, or there are no assigned arrears owed to
Ohio. If there is an Ohio controlling order, or if there are assigned arrears
owed to Ohio, the use of this criterion shall result in a non-IV-D case.
(16) The initiating agency has
notified the CSEA that the CSEA's intergovernmental services are no longer
needed. The CSEA shall close the case within ten business days of receiving the
notification.
Use of this criterion shall result in case closure if there is
no Ohio controlling order on the case, or there are no assigned arrears owed to
Ohio. If there is an Ohio controlling order, or if there are assigned arrears
owed to Ohio, the use of this criterion shall result in a non-IV-D case.
(17) The case has been transferred
to a tribal IV-D agency and the CSEA has complied with the following before
transferring and closing the case with Ohio:
(a) The recipient of services has requested
the CSEA to transfer the case to the tribal IV-D agency and close their case
with Ohio;
(b) The CSEA has
notified the recipient of services of its intent to transfer the case to the
tribal IV-D agency and close their case with Ohio, and the recipient did not
respond to the notice; or
(c) The
tribal IV-D agency has a state-tribal agreement approved by the federal office
of child support enforcement (OCSE) to transfer and close cases, with the
consent from the recipient of services.
Use of this criterion shall result in case closure.
(18) In a non-IV-D
case, a court has, in accordance with section
3121.441 of the Revised Code,
permitted the obligor to make spousal support payments directly to the obligee
instead of to the office of child support when:
(a) The obligee and obligor have no minor
children born as a result of their marriage; and
(b) The obligee has not assigned the spousal
support amounts to the Ohio department of job and family services.
This criterion shall only be used in a non-IV-D case. Use of
this criterion shall result in case closure.
(19) The case was opened in error or another
administrative reason exists to close the case.
Use of this criterion shall result in case closure.
(E) In a IV-D case, the
CSEA shall make reasonable efforts to establish paternity or a child support
order, when appropriate, prior to terminating IV-D services.
(F) A CSEA shall terminate services when the
case record contains verification that the case meets the following criteria:
(1) The child is eligible for health care
services from the Indian health service (IHS); and
(2) The case was opened because of a medicaid
referral based solely upon health care services, including the
purchased/referred care program, provided through an IHS.
Use of this criterion shall result in case closure.
(G) Notice of
termination of services.
(1) Sixty days prior
to terminating services, the CSEA shall issue a JFS 07046, "Pending Case
Closure Notice" (effective or revised effective date as identified in rule
5101:12-10-99 of the
Administrative Code), to:
(a) The recipient of
IV-D services when services are proposed for termination pursuant to paragraphs
(D)(1) to (D)(7), (D)(11), or (D)(12) of this rule.
(b) The initiating state in an interstate
case when services are proposed for termination pursuant to paragraph (D)(14)
of this rule.
(2) The
IV-D case must remain open if, during the sixty day period:
(a) Contact is reestablished with the
recipient of IV-D services and the case was proposed for termination pursuant
to paragraph (D)(11) of this rule;
(b) In response to the JFS 07046, the
recipient of IV-D services or the initiating state supplies information that
could lead to any of the following:
(i)
Establishment of paternity;
(ii)
Establishment of a child support order; or
(iii) Enforcement of a child support
order.
(H) Termination of support enforcement
program services in a non-IV-D case with an existing arrears balance.
(1) The CSEA may terminate support
enforcement program services and close a non-IV-D case when the support order
has been terminated and:
(a) The total of all
arrears is less than one hundred fifty dollars; or
(b) There has been no collection received on
the case during the past three years and all manual and automated location or
enforcement methods have been unsuccessful.
(2) When the CSEA proposes to terminate
support enforcement program services and close a non-IV-D case, the CSEA shall
issue a notice to the last known address of the parties to the support order
that contains the following information:
(a)
The arrears balances, when applicable;
(b) Either party to the support order may
request that the CSEA continue providing support enforcement program services
by contacting the CSEA in writing within sixty days of the date on the
notice;
(c) After the case has been
closed, either party to the support order may contact the CSEA at any time and
request that the CSEA resume providing support enforcement program services or
IV-D services; and
(d) The CSEA
will reopen the case at a later date when a collection is received on the
case.
(3) The CSEA may
close the non-IV-D case when neither party has contacted the CSEA within sixty
days of the date of the notice described in paragraph (H)(2) of this rule to
request that the CSEA continue to provide services.
(4) When the CSEA closes the non-IV-D case,
the arrears balances that display on the support enforcement tracking system
(SETS) must accurately reflect the arrears balances owed on the case.
(5) When the CSEA has closed a non-IV-D case,
the CSEA shall reopen the case in accordance with rule
5101:12-10-02 of the
Administrative Code or when a collection is received on the case.
