Please note: This rule is posted for pre-clearance review/comment for a 21 day period starting March 13, 2020 and ending April 2, 2020. The rule is being amended due to process automation between child support and SACWIS. A form will no longer be needed.
(A) The Title IV-E agency as defined in rule 5101:2-1-01 of the Administrative Code shall:
(1) Complete the JFS 01435 "Title IV-E agency application/update for child support services" (rev. 4/2006) for all Title IV-E foster care maintenance (FCM) eligible children, except where parental rights have been terminated by court order or permanent surrender.
(2) Make an application for FCM non-eligible children, if deemed appropriate.
(3) Send any court orders and other verifications available with the JFS 01435 to the Title IV-D agency as defined in rule 5101:12-1-01 of the Administrative Code in the county in which the child was removed , when the Title IV-E agency obtains legal responsibility for care and placement/custody of the child.
(4) Send an updated JFS 01435 and any court orders upon verification of any changes in the circumstances of the child or parent(s).
(5) Determine good cause circumstances where it is in the best interest of the child not to send an application to establish an order for support to the Title IV-D agency. Good cause circumstances shall be documented in the statewide automated child welfare information system (SACWIS) and include but not limited to the following:
(a) The parent(s) would be unable to comply with the permanency plan of reunification due to the financial hardship caused by paying child support.
(b) The child is expected to be in foster care for less than thirty days.
(c) The noncustodial parent is a potential placement resource.
(d) Other appropriate circumstances determined by the Title IV-E agency.
(B) The Title IV-D agency shall:
(1) Determine the county with the administrative responsibility for the child support order and forward the JFS 01435 to the Title IV-D agency with the administrative responsibility.
(2) Assign child support rights to the Ohio department of job and family services (ODJFS) for FCM children by completing the JFS 01435 within thirty business days of the date the Title IV-E agency obtains legal responsibility for the care and placement/custody of the child.
(a) Assignment of child support will be effective the first day of the calendar month in which all FCM eligibility criteria are met.
(b) Assignment of child support will terminate the last day of the calendar month in which the agency's temporary custody of the child is terminated.
(3) Pursue and establish paternity, court orders, or enforce existing orders.
(4) Assist the Title IV-E agency in securing support payments and medical support from the parent(s) on behalf of the child.
(5) All child support payments shall be collected and disbursed by the office of child support within the Ohio department of job and family services through the child support payment central (CSPC) process.
(6) If the FCM eligible child was a recipient of Ohio works first prior to entry into substitute care, then a new assignment of support rights is needed.
(C) The Title IV-E agency must provide written notification to the county department of job and family services (CDJFS) Title IV-A agency or unit within ten business days of a child entering legal responsibility.
(D) The CDJFS Title IV-A worker is responsible for furnishing information pertinent to eligibility that may be available in existing Title IV-A records, no later than ten business days after receipt of a written request by the Title IV-E agency.
(E) The Title IV-E agency is responsible for completing the ODM 03528 "Healthchek and Pregnancy related services information sheet" (rev. 3/2018) for each FCM eligible child pursuant to rule 5101:2-42-66.1 of the Administrative Code.
(F) The Title IV-E agency shall:
(1) Attempt to determine if the parent(s), guardian, or custodian has health care insurance coverage available to every FCM eligible child. If such insurance coverage is available, the Title IV-E agency must complete the ODM 06612 "Health Insurance Information Sheet" (rev. 9/2016).
(2) Complete the ODM 06613 "Accident/Injury Insurance Information " (rev. 12/2016) for every FCM eligible child who is involved in an accident where there may be third party liability.
(3) Complete in SACWIS the pre-termination review (PTR) "Referral for Medicaid Continuing Eligibility Review" prior to termination of the legal responsibility for care and placement/custody of the child.
(4) Consider making application to the regional office of the social security administration (SSA) for supplemental security income (SSI) benefits for every child. The Title IV-E agency may receive FCM reimbursements and SSI benefits concurrently pursuant to rule 5101:2-47-12 of the Administrative Code.
Five Year Review (FYR) Dates: 4/9/2018 and 07/01/2023
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5153.16, 5101.141
Rule Amplifies: 5103.03, 5153.16, 5101.141
Prior Effective Dates: 1/1/83, 4/1/86 (Emer.), 7/1/86, 7/2/87, 9/1/88, 4/1/92, 9/1/92, 5/1/98, 9/1/03, 6/1/06, 9/15/08, 6/1/12