Current through all regulations passed and filed through September 16, 2024
(A) The purpose of
this rule is to describe the requirements regarding the collection of support
payments at the child support enforcement agency (CSEA). Each CSEA is required
to elect to accept collections or not to accept collections at the CSEA in
accordance with this rule.
(B) Each
CSEA will notify the office of child support (OCS) of the CSEA's decision to
accept or not accept payments at the CSEA, and will notify OCS at least ten
days prior to any changes by
the CSEA and by the last day of March each year,
regarding payment processing. The notification will be made by completing the
JFS 07736, "Child Support Enforcement Agency Payment Processing Declaration"
(effective or revised effective date as identified in rule
5101:12-80-99
of the Administrative Code) and submitting the JFS 07736 to
OCS. The JFS 07736 will be signed by the CSEA director
or administrator, and will include:
(1) The
county name;
(2) A declaration as
to whether the CSEA will accept or not accept payments;
(3) A description of the payment types and
delivery methods accepted by the CSEA; and
(4) A description of satellite location
payment processing details.
(C) When a CSEA elects to accept cash
payments at the CSEA, the CSEA will maintain a CSEA depository account. For the
purposes of this rule, "CSEA depository account" means the bank, credit union,
or savings and loan association account used for the sole purpose of
transmitting to child support payment central
(CSPC) the payments in person received by
the CSEA. A CSEA required to maintain a CSEA depository account will provide
the following information to OCS:
(1) Name and
address of the financial institution for the CSEA depository account;
(2) CSEA depository account number;
and
(3) Routing/transit number of
the CSEA depository account.
(D) A CSEA that does not accept payments will
treat any payment type received by the CSEA as a misdirected payment and
forward the payment, except cash, to CSPC.
(E) A payment received by the CSEA is a
misdirected payment and will be forwarded to CSPC when the payment is:
(1) Submitted with remittance documentation
indicating payment for more than one obligor;
(2) From a payor, as defined in paragraph
(B)(3) of rule
5101:12-50-10
of the Administrative Code;
(3)
From a financial institution; or
(4) Intended to credit a recollection
account.
(F) A CSEA that
submits a JFS 07736 indicating the CSEA accepts payments will post any payment
type received by the CSEA that the CSEA has indicated they will accept on the
JFS 07736, subject to the remitter providing sufficient information to allow
the CSEA to post the payment.
(1) A CSEA that
elects to accept payments will:
(a) Maintain a
CSEA depository account for cash payments.
(b) Collect and post payments using
procedures in accordance with this rule and based on generally accepted
business and accounting practices as authorized under section
117.43
of the Revised Code;
(c) Place a
notice in clear view in the area where payments are made that notifies a
remitter:
(i) That cash payments made at the
CSEA may be identified as being made on the next business day.
(ii) Unless the payment was made with cash,
the obligor will receive conditional credit until the payment clears the
financial institution and the payment is reflected in the support enforcement
tracking system (SETS). The obligor may not receive relief from any enforcement
actions taken by the CSEA until the payment is reflected in SETS;
(iii) Of the acceptable payment types listed
on the JFS 07736 that are collected at the CSEA or alternate
location.
(d) Ensure
adequate funds are available in the CSEA depository account to cover the
previous day cash postings;
(e)
Accept payment types listed on the JFS 07736 that are collected at the CSEA or
satellite location; and
(f) Treat
any payment type a CSEA elected not to accept as a misdirected payment in
accordance with paragraph (D) of this rule.
(2) Any payments submitted by hand, mail,
drop-off, or any other means with sufficient posting identifiers and that is
not identified as a misdirected payment will be posted within one business
day.
(3) The CSEA employee that
collects and posts the payment will not be the CSEA employee that balances and
prepares the deposit for release to CSPC, unless a waiver has been granted by
the office of child support enforcement (OCSE).
To obtain the waiver, the CSEA will submit a waiver request to
OCS. OCS will forward the request to the OCSE regional office and notify the
CSEA whether OCSE has granted the waiver.
(4) Ensure that every CSEA employee that has
access to or control of payments collected at the CSEA is covered by a bond
against loss of payments from employee dishonesty. In accordance with section
329.01
of the Revised Code, each bond is to be for an amount determined by the board
of county commissioners, with a surety or bonding company authorized to do
business in this state, and deposited with and retained by the county
treasurer.
(G) When the
CSEA forwards a payment to CSPC, the CSEA:
(1)
Will forward the payment, including the remittance documentation and original
envelope, to CSPC that contained the payment for processing;
(2) May mark the date received on the
envelope, but will not further mark on the envelope or payment
instrument;
(3) May attach a
separate document to the misdirected payment that includes any posting
identifiers known to the CSEA, when the remitter fails to include posting
instructions with a misdirected payment; and
(4) Will record the payment on a written or
electronic log maintained at the CSEA that contains the following information:
(a) Remitter name;
(b) Payment amount;
(c) Instrument number (e.g. check number);
and
(d) Date of the instrument.
The CSEA will retain the log for thirty days, and subsequently
follow the CSEA's record retention requirements described in rule
5101:12-1-25
of the Administrative Code.
