Current through all regulations passed and filed through September 16, 2024
(A) This rule
describes the requirements that a responding child support enforcement agency
(CSEA) shall follow when receiving a request for services from an initiating
agency.
(B) In addition to the
general responsibilities described in rule 5101:12-70-05.1 of the
Administrative Code, the responding CSEA has the following responsibilities:
(1) Accept and process an intergovernmental
request for services. The CSEA may not refuse to process a request on the basis
that an initiating state could have utilized one-state or long arm
processes;
(2) Within seventy-five
days of receipt of an intergovernmental form and documentation from
the Ohio
interstate central registry(ICR):
(a) Provide location services when the
request is for location services or when the form or documentation does not
include adequate location information on the obligor;
(b) When unable to proceed with the case
because of inadequate documentation, notify the initiating agency of the needed
information or corrections;
(c)
When the documentation received with a case is incomplete and cannot be
remedied without the assistance of the initiating agency, process the case to
the extent possible pending necessary action by the initiating
agency;
(3) Within ten
business days of locating the obligor in a different state, the CSEA must
return the forms and documentation, including the new location, to the
initiating agency, or if directed by the initiating agency, forward the forms
and documentation to the central registry in the state where the obligor has
been located, and notify the
ICR where the case has been sent;
(4) Within ten business days of locating the
obligor in a different county in Ohio, the CSEA shall:
(a)
Determine which
county has administrative responsibility pursuant to rules
5101:12-10-03
and
5101:12-10-04
of the Administrative Code;
(b)
Determine if a
transfer is required, and forward the forms and documentation to the county
with administrative responsibility; and
(c)
Notify the
initiating agency and the Ohio ICR of the transfer.
(5) When the request is for the determination
of the controlling order:
(a) File the
controlling order determination request with the appropriate court within
thirty days of receipt of the request or location of the obligor, whichever
occurs later; and
(b) Notify the
initiating state agency, the controlling order state, and any state where a support order in the case was
issued or registered, of the controlling order determination and any reconciled
arrearages within thirty days of receipt of the determination from the
court.
(6) Provide any
necessary services as it would in an intrastate IV-D case as described in
division 5101:12 of the Administrative Code;
(7) Provide timely notice to the initiating
agency in advance of any hearing before a court that may result in
establishment or adjustment of an order;
(8) Identify any fees or costs deducted from
support payments when forwarding payments to the initiating agency;
(9) Within ten business days of receipt of
instructions for termination of services from an initiating state agency, stop
the income withholding notice and close the case, unless the two states reach
an agreement on how to proceed. If the controlling order was issued by Ohio,
the CSEA shall terminate services in accordance with rule
5101:12-10-70
of the Administrative Code.
When the CSEA has administrative responsibility for the Ohio
controlling order, it shall remain the custodian
of the records for the controlling order. The CSEA shall assist any agency that
requests information or documentation needed for the registration or
enforcement of the order.
(10) Notify the initiating agency when a case
is closed.
(C) Other
responsibilities for the responding CSEA include:
(1) Notify the child support agency in the
initiating state of the correct Ohio case number whenever an application
received from the Ohio ICR is merged into an existing case
by the CSEA;
(2) Enable a court in
Ohio or tribunal in another state to obtain jurisdiction over the party that
resides in Ohio;
(3) Request the
Ohio court with jurisdiction to set a date, time, and place for a hearing, when
appropriate;
(4) Provide a
statement of the amounts and dates of all payments received, when requested by
a case participant or the child support agency of another state. The statement
must be certified by the custodian of the records. The CSEA may use a stamp on
the record to indicate that it is a true and accurate statement;
(5) Pay the costs of processing
intergovernmental cases, including the costs of
genetic testing.
