Ohio Administrative Code|Rule 5101:12-1-80 | IV-D contracts: overview.

                                                
(A) This rule and its supplemental rules
		  describe the process by which a child support enforcement agency (CSEA) enters
		  into a IV-D contract with a governmental entity or a private entity to provide
		  IV-D services and for the CSEA to receive federal financial participation (FFP)
		  reimbursement to offset the cost of the purchase of the services under a IV-D
		  contract. The principles of FFP reimbursement are described in rules
		  5101:12-1-60 and 5101:12-1-60.1 of the Administrative Code.
(B) The following terms and definitions
		  apply to this rule and its supplemental rules:
(1) "Allowable
			 cost" refers to a cost under a IV-D contract that meets the following
			 general criteria:
(a) The cost is necessary and reasonable for the proper and
				efficient performance and administration of the IV-D contract.
(b) The cost is allocable to the support enforcement program
				under the provisions of 2 C.F.R., subtitle A, chapter II, part 200 (12/26/2013)
				(circular A-87 of the federal office of management and budget).
(c) The cost is authorized or not prohibited under state or local
				laws or regulations.
(d) The cost conforms to any limitation or exclusion under the
				provisions of 2 C.F.R., subtitle A, chapter II, part 200.
(e) The cost is consistent with policies, regulations, and
				procedures of the support enforcement program.
(f) Unless otherwise provided for in 2 C.F.R., subtitle A,
				chapter II, part 200, the cost is determined in accordance with generally
				accepted accounting principles.
(2) "Calendar
			 quarter" means one of the following three-month time periods:
(a) January first through March thirty-first;
(b) April first through June thirtieth;
(c) July first through September thirtieth; or
(d) October first through December thirty-first.
(3) "Contractor" refers to a private or governmental
			 entity with whom the CSEA enters into a IV-D contract.
(4) "Governmental
			 entity" includes the following entities in the same county as the
			 CSEA:
(a) A court;
(b) A prosecutor or other law enforcement official;
(c) A sheriff;
(d) A clerk of court;
(e) A recorder's office;
(f) A treasurer's office; or
(g) Any other public or governmental agency or
				official.
(5) "Initiated by
			 the CSEA" or "CSEA initiated" refers to an activity that is
			 started by the CSEA, which includes but is not limited to:
(a) A complaint or motion filed by the CSEA, including a
				complaint or motion in which the CSEA requests to be joined as a party to the
				case; and
(b) A court hearing or other proceeding before a magistrate that
				is the result of a timely objection to an administrative recommendation,
				determination, decision, or order issued by the CSEA.
(6) "IV-D case"
			 means a case that has been approved for IV-D services as described in rule
			 5101:12-10-01.1 of the Administrative Code.
(7) "IV-D
			 contract" means a mutually binding, legal relationship obligating a
			 private or governmental entity to provide IV-D services in a IV-D case or
			 perform other administrative duties of the CSEA that pertain to a IV-D case in
			 return for payment by the CSEA. A IV-D contract is executed through the JFS
			 07018, "IV-D Contract" (effective or revised effective date as
			 identified in rule 5101:12-1-99 of the Administrative Code) and JFS 07037,
			 "IV-D Contract Amendment" (effective or revised effective date as
			 identified in rule 5101:12-1-99 of the Administrative Code).
(8) "IV-D contract
			 documents" refers to the following forms (effective or revised effective
			 date as identified in rule 5101:12-1-99 of the Administrative
			 Code):
(a) JFS 01728, "Daily Time Sheet for Non-Dedicated Principal
				Staff";
(b) JFS 01729, "Monthly Time Sheet Summary for Non-Dedicated
				Principal Staff";
(c) JFS 01730, "Dedicated Principal Staff Exception
				Report";
(d) JFS 01731, "Monthly Time Summary for Governmental
				Contractor";
(e) JFS 01772, "IV-D Contract Cover
				Letter";
(f) JFS 02015, "IV-D Contract Time Study";
(g) JFS 02151, "IV-D Contract Evaluation";
(h) JFS 07015, "Certification of Compliance with Competitive
				Sealed Bid Requirements";
(i) JFS 07016, "IV-D Contract Security
				Addendum";
(j) JFS 07018;
(k) JFS 07020, "Governmental Contractor IV-D Contract
				Budget";
(l) JFS 07034, "Governmental Contractor Monthly Expense
				Report";
(m) JFS 07035, "IV-D Contract Invoice";
				and
(n) JFS 07037.
(9) "IV-D
			 services" has the same meaning as in rule 5101:12-1-10.1 of the
			 Administrative Code.
(10) "Law
			 enforcement official" means district attorneys, attorneys general, and
			 similar public attorneys and prosecutors and their staff.
(11) "Non-federal
			 share" has the same meaning as in paragraph (A)(3)(a) of rule 5101:12-1-50
			 of the Administrative Code. The non-federal share is calculated by subtracting
			 the current FFP reimbursement rate, as defined in rule 5101:12-1-60 of the
			 Administrative Code, from one hundred per cent. The remaining percentage is the
			 non-federal share.
(12) "Not initiated
			 by the CSEA" or "non-CSEA initiated" refers to an activity that
			 is not started by the CSEA, which includes but is not limited to:
(a) A court hearing or other proceeding held as a result of a
				complaint or motion filed by a private attorney or any entity other than the
				CSEA;
(b) An activity performed by the CSEA in response to an action
				filed by a private attorney or any other entity other than the CSEA including
				but not limited to witness testimony, preparation of guidelines calculations,
				or responding to subpoenas duces tecum; and
(c) An action taken by a CSEA when the CSEA has not requested to
				be but is joined as a party to the case.
(13) "Private
			 entity" means a company, organization, or individual that does not meet
			 the definition of "governmental entity."
(14) "Reasonable
			 cost" in accordance with 2 C.F.R., subtitle A, chapter II, part 200, means
			 a cost that by its nature and amount does not exceed the cost that would be
			 incurred by a prudent person under the circumstances prevailing at the time the
			 decision was made to incur the cost. Considerations include but are not limited
			 to whether:
(a) The cost is generally recognized as an ordinary and necessary
				operating expense;
(b) Sound business practices and arms-length bargaining have been
				utilized;
(c) Market prices for comparable goods or services have been
				considered;
(d) The individuals involved in the IV-D contract process have
				acted with prudence considering the individuals' responsibilities to the
				CSEA; and
(e) The cost does not significantly deviate from established
				practices of the CSEA.
(15) "Total IV-D
			 contract cost" means one hundred per cent of the cost of the services
			 purchased or duties performed under a IV-D contract.
(C) IV-D contracts.
(1) In accordance with
			 section 3125.14 of the Revised Code, the CSEA is required to enter into a IV-D
			 contract with a court and law enforcement official in the same county as the
			 CSEA to provide for the enforcement of a support order.
(2) If a court or law
			 enforcement official declines or fails to enter into a IV-D contract with the
			 CSEA, the CSEA must document any attempt to enter into a IV-D contract with the
			 court or law enforcement official and retain the documentation in accordance
			 with rule 5101:12-1-80.4 of the Administrative Code.
(D) Types of IV-D contracts.
The types of IV-D contracts that the CSEA may
		  elect to enter into include but are not limited to:
(1) A IV-D contract with
			 a prosecutor in the same county as the CSEA or a private attorney to provide
			 legal services.
(2) A IV-D contract with
			 a prosecutor in the same county as the CSEA to provide service of process,
			 including warrants for arrest.
(3) A IV-D contract with
			 the sheriff in the same county as the CSEA to provide service of process,
			 including warrants for arrest.
The CSEA may enter into a IV-D contract with a
			 person or private entity to provide service of process only when the CSEA
			 determines that the sheriff is unable to provide the resources necessary for
			 service of process in a timely manner.
(4) A IV-D contract with
			 a private entity to provide service of process, excluding warrants for
			 arrest.
(5) A IV-D contract with
			 a court or a clerk of court in the same county as the CSEA to provide the
			 duties of a clerk of court that are initiated by the CSEA.
(6) A IV-D contract with
			 a court in the same county as the CSEA to provide magistrate services. The CSEA
			 may elect to purchase:
(a) Only CSEA initiated activities; or
(b) Both CSEA initiated and non-CSEA initiated
				activities.
(7) A IV-D contract with
			 a court in the same county as the CSEA for probation officer services to
			 provide enforcement duties that target only individuals placed on probation for
			 non-payment of child support when the enforcement duties of the probation
			 officer are:
(a) Specifically for the purposes of assuring regular and
				continuing payments of child support; and
(b) Not generally a part of a probation officer's routine of
				monitoring the whereabouts and activities of an offender.
(8) A IV-D contract with
			 a private entity to provide collection services.
In accordance with section 3125.30 of the
			 Revised Code, the private entity shall forward any payments collected under the
			 IV-D contract to child support payment central, within the office of child
			 support (OCS), within the Ohio department of job and family services, no later
			 than one day after the receipt of the payments.
(E) Requirements when the CSEA enters
		  into a IV-D contract with a court for magistrate services and the CSEA elects
		  to purchase both CSEA initiated and non-CSEA initiated activities.
(1) The court shall
			 certify that all court hearings are conducted in compliance with Title IV-D of
			 the Social Security Act, Pub. L. No. 93-647, 88 Stat. 2351 (1975), 42 U.S.C.
			 651 (8/22/1996), as amended up until the effective date of this rule, and the
			 rules in division 5101:12 of the Administrative Code.
(2) A court hearing is
			 defined as a hearing or other proceeding held as a result of a complaint or
			 motion filed for the following reasons, including but not limited
			 to:
(a) Establishment of paternity;
(b) Establishment and modification of a child support order or
				medical support order;
(c) Enforcement of a support order; and
(d) Collection of a support obligation.
(3) No party may be
			 charged court costs for a court hearing unless the court costs are required by
			 state law. If court costs are assessed and collected, the contractor shall
			 report the collection as income on the JFS 07020.
(4) The CSEA shall
			 certify that each case listed on the JFS 07035 was an active, open IV-D case on
			 the date that the court hearing was held.
(F) Limitations when the CSEA intends to
		  enter into or enters into a IV-D contract with a prosecutor or private attorney
		  to provide legal services as described in section 3125.17 of the Revised
		  Code:
(1) The CSEA shall not
			 enter into a IV-D contract with a prosecutor or his or her employees as a
			 private attorney during the prosecutor's term of office.
(2) The prosecutor or
			 private attorney shall not represent the CSEA on matters in which that
			 prosecutor or private attorney participated as a CSEA administrative officer
			 making administrative determinations or issuing administrative
			 orders.
(G) Competitive sealed bid and proposal
		  requirements for a IV-D contract with a private entity.
(1) A CSEA administered
			 by a county department of job and family services (CDJFS) that intends to enter
			 into a IV-D contract with a private entity may elect to use either the
			 competitive sealed bid process described in section 307.86 of the Revised Code,
			 or the competitive sealed proposal process described in section 307.862 of the
			 Revised Code.
(2) A CSEA not
			 administered by a CDJFS that intends to enter into a IV-D contract with a
			 private entity shall use the competitive sealed bid process described in
			 section 307.86 of the Revised Code.
(3) A CSEA that is not
			 administered by a CDJFS or a CSEA that is administered by a CDJFS that elects
			 to use the competitive sealed bid process shall comply with all competitive
			 sealed bid requirements, including but not limited to the
			 following:
(a) The standards for competitive sealed bidding, as described in
				sections 307.86, 307.861, 307.87, 307.88, 307.89, 307.90, 307.91, and 307.92 of
				the Revised Code;
(b) The standards for acquisition, county standards of conduct,
				contracting with small and minority business, women's business enterprise,
				and labor surplus area firms, procurement methods, competition, and purchase
				threshold, as described in Chapter 5101:9-4 of the Administrative Code;
				and
(c) The standards for procurement, competition, acquisition
				threshold, contracting with small and minority business, women's business
				enterprise, and labor surplus area firms, contract cost and price, awarding
				agency review, and bonding requirements, as described in 45 C.F.R. 92.36
				(4/19/1995).
(4) The CSEA shall
			 complete and submit to OCS the JFS 07015 to either certify that the CSEA is in
			 compliance with applicable state and federal laws regarding the competitive
			 sealed bid requirements or indicate that the CSEA, if administered by a CDJFS,
			 has elected to use the competitive sealed proposal process.