Current through all regulations passed and filed through September 16, 2024
(A) This rule describes the process that the
child support enforcement agency (CSEA) with administrative responsibility
shall use to request the governor of this state to extradite from another state
an obligor who has been charged with criminal non-support in accordance with
section 2919.21 of the Revised Code.
This rule also describes the steps that a CSEA is required to take in response
to a request from the governor of this state and the prosecutor in the county
where the CSEA is located when a demand for extradition is received by the
governor of this state from the governor of another state.
(B) For purposes of this rule, the following
definitions apply:
(1) "Governor" means an
individual performing the functions of the executive authority of a
state.
(2) "State" has the same
meaning as in division (Z) of section
3115.102
of the Revised
Code.
(C) Extradition of
an obligor to Ohio.
(1) When an obligor has
been charged with criminal non-support in accordance with section
2919.21 of the Revised Code, the
CSEA may consult the prosecutor in the county where the CSEA is located in
order to determine whether a request should be sent to the governor of this
state regarding the extradition of the obligor from the state where the obligor
is found.
(2) In accordance with
sections
3115.801 and
3115.802
of the Revised
Code, the governor of this state may, upon receipt from a prosecutor of a
request as described in paragraph (C) of this rule, demand that the governor of
another state extradite to Ohio an obligor who is found in the other state.
(3) Before requesting the
extradition of an obligor from the governor of another state, the governor of
this state has the authority to require a prosecutor of this state to
demonstrate that, at least sixty days previously, a petition for support was
initiated pursuant to the Uniform Interstate Family Support Act (UIFSA
2008), as defined in rule
5101:12-70-05
of the Administrative Code, or that such a petition would not be effective in
enforcing the support order. When requested by the prosecutor, the CSEA shall
prepare and submit a report to the prosecutor regarding the extradition of the
obligor that contains either:
(a) A copy of a
UIFSA petition filed at least sixty days prior to consulting with the
prosecutor; or
(b) A statement from
the CSEA establishing that a UIFSA petition would not be effective in the case
where extradition is being requested.
(D) Surrender of an obligor found in Ohio to
another state for extradition.
(1) In
accordance with sections
3115.801 and
3115.802
of the Revised
Code, the governor of this state has the authority, upon the demand of the
governor in another state to surrender for extradition an obligor who is found
in this state and who is criminally charged in the other state with having
failed to pay support under a support order.
(2) Before surrendering an obligor for
extradition to the governor of another state, the governor of this state has
the authority to require a prosecutor of this state to investigate the demand
and report whether a UIFSA petition has been initiated or that such petition
would not be effective in enforcing the support order. When requested by the
prosecutor, the CSEA shall immediately conduct an investigation of the case and
prepare a report that contains either:
(a) A
copy of a UIFSA petition filed at least sixty days prior to receipt of the
demand; or
(b) A statement from the
CSEA establishing that a UIFSA petition would not be effective in the case
where extradition is being requested.
(E) After the governor receives the report
described in paragraph (D)(2) of this rule, the governor has the authority to
take one of the following actions:
(1) Submit
the obligor to the other state for extradition;
(2) Delay honoring the demand for a
reasonable time to permit initiation of a UIFSA petition; or
(3) Decline to honor the demand if a UIFSA
petition is initiated and the obligor either prevails in the support action or
is complying with the support order.
Effective: 7/1/2016
Five Year Review
(FYR) Dates: 03/22/2016 and
07/01/2021
Promulgated
Under: 119.03
Statutory
Authority: 3125.25
Rule
Amplifies: 2919.21,
3115.102,
3115.801,
3115.802
Prior
Effective Dates: 1/1/98, 1/1/06, 12/1/06,
3/1/12
