Ohio Administrative Code|Rule 5101:12-10-31 | Requirement to cooperate with the child support enforcement agency.

                                                
(A) This rule describes the requirement
		  for an applicant for or a recipient of Ohio works first (OWF), medicaid, or
		  Title IV-E foster care maintenance (FCM) benefits to cooperate with the child
		  support enforcement agency (CSEA) in establishing paternity or in establishing,
		  modifying, or enforcing a support order.
(B) The following definitions and terms
		  apply to this rule:
(1) "Caretaker"
			 means:
(a) The parent, adult, or minor head of household with whom a
				child who receives OWF or medicaid resides; or
(b) The Title IV-E agency that has custody of a child who
				receives FCM benefits.
(2) "Charter
			 county" means a county that has, pursuant to Section 3 of Article X of the
			 Ohio Constitution (11/5/1957), adopted a charter that permits the county to
			 provide a different form of government from that which is required under Ohio
			 law for counties in general.
(3) "Medical
			 support" means support specified as support for the purpose of medical
			 care by order of a court or administrative agency.
(C) Cooperation requirements for OWF
		  recipients.
(1) In accordance with
			 rule 5101:1-3-10 of the Administrative Code, a caretaker who is a member of the
			 OWF assistance group of a child who receives OWF benefits shall cooperate with
			 the CSEA, unless the CSEA approves a good cause waiver of cooperation. OWF
			 assistance group means a group of individuals treated as a unit for purposes of
			 determining eligibility for and the amount of OWF benefits.
(2) A caretaker is
			 considered cooperative when the caretaker:
(a) Provides any available information, through reasonable and
				diligent efforts, that is sufficient to identify or locate a parent of a child
				who receives OWF. Information may include but is not limited to the following
				about the child's mother or father or each man alleged to be the
				child's father:
(i) Name;
(ii) Past or present
				  address;
(iii) Telephone
				  number;
(iv) Date of
				  birth;
(v) Social security
				  number;
(vi) Past or present
				  place of employment;
(vii) Past or present
				  schools attended;
(viii) Names, addresses,
				  and telephone numbers of family and friends; and
(ix) Other information
				  determined necessary by the CSEA.
(b) Submits to or has the child submit to genetic tests ordered
				by a CSEA or court to determine the existence or non-existence of a father and
				child relationship.
(c) Appears at a scheduled appointment or hearing
				to:
(i) Locate or identify a
				  parent of a child who receives OWF;
(ii) Establish the
				  existence or non-existence of a father and child relationship; or
(iii) Establish or modify
				  a child support order, including medical support provisions contained in the
				  child support order, or to enforce a support order.
(3) A caretaker is
			 considered non-cooperative when the caretaker has been notified to comply with
			 paragraph (C)(2) of this rule on two or more separate occasions by the CSEA in
			 a county other than a charter county and fails to comply on two or more
			 consecutive occasions. After the first instance of a determination of
			 non-cooperation, the CSEA shall consider a caretaker non-cooperative when the
			 caretaker fails to comply with paragraph (C)(2) of this rule on one
			 occasion.
The CSEA in a charter county shall consider a
			 caretaker non-cooperative when the caretaker fails to:
(a) Comply with paragraph (C)(2) of this rule; or
(b) Attend any court or administrative hearing to determine the
				existence or non-existence of a father and child relationship or to establish
				or modify a child support order, including medical support provisions contained
				in the child support order, or to enforce a support order.
(D) Cooperation requirements for medicaid
		  recipients.
(1) The caretaker of a
			 child who receives medicaid benefits shall cooperate with the CSEA
			 unless:
(a) The CSEA approves a good cause waiver of cooperation;
				or
(b) The caretaker meets one of the following exceptions to
				cooperation:
(i) The child receives
				  medicaid benefits and is not receiving OWF or FCM benefits and the caretaker is
				  not receiving OWF or medicaid benefits in the same assistance group as the
				  child.
(ii) The caretaker is
				  pregnant or is no more than sixty days post-partum and receives medicaid
				  benefits.
(iii) The caretaker is
				  receiving transitional medicaid benefits.
(2) A child will not lose
			 medicaid benefits when the caretaker does not cooperate with the
			 CSEA.
(3) A caretaker is
			 considered cooperative when the caretaker:
(a) Provides any available information, through reasonable and
				diligent efforts, that is sufficient to identify or locate a parent of a child
				who receives medicaid. Information may include but is not limited to the
				following about the child's mother or father or each man alleged to be the
				child's father:
(i) Name;
(ii) Past or present
				  address;
(iii) Telephone
				  number;
(iv) Date of
				  birth;
(v) Social security
				  number;
(vi) Past or present
				  place of employment;
(vii) Past or present
				  schools attended;
(viii) Names, addresses,
				  and telephone numbers of family and friends; and
(ix) Other information
				  determined necessary by the CSEA.
(b) Submits to or has the child submit to genetic tests ordered
				by a CSEA or court to determine the existence or non-existence of a father and
				child relationship.
(c) Appears at a scheduled appointment or hearing
				to:
(i) Locate or identify a
				  parent of a child who receives medicaid;
(ii) Establish the
				  existence or non-existence of a father and child relationship; or
(iii) Establish, modify
				  or enforce the medical support provisions contained in a child support
				  order.
(d) Completes an ODM 06613, "Accident/Injury Insurance
				Information" (effective or revised effective date as identified in rule
				5101:12-1-99 of the Administrative Code), when required by the
				CSEA.
(e) Fully discloses any health insurance coverage or third party
				coverage that the medicaid recipient has or for which the medicaid recipient
				may be eligible.
(f) Provides any available information that is necessary for
				identification and collection of potential third party payments.
(4) The CSEA shall
			 consider a caretaker non-cooperative when the caretaker fails to comply with
			 paragraph (D)(3) of this rule on two or more consecutive occasions. After the
			 first instance of a determination of non-cooperation, the CSEA shall consider a
			 caretaker non-cooperative when the caretaker fails to comply with paragraph
			 (D)(3) of this rule on one occasion.
(E) Cooperation between the CSEA and a
		  Title IV-E agency.
A Title IV-E agency that has custody of a child
		  who receives FCM benefits shall request services from the CSEA in accordance
		  with rule 5101:2-47-08 of the Administrative Code. When such a request for
		  services has been made, the Title IV-E agency has a requirement to cooperate
		  with the CSEA unless the CSEA approves a good cause waiver of cooperation.
		  Cooperation from the Title IV-E agency includes:
(1) Sending the CSEA any
			 court order that pertains to the child in the custody of the Title IV-E agency,
			 such as initial custody of the child, termination of parental rights, or
			 termination of custody.
(2) Notifying the CSEA
			 upon verification of changes in the circumstances of the child or the
			 child's parent.
(3) Submitting the child
			 to genetic tests ordered by a CSEA or court to determine the existence or
			 non-existence of a father and child relationship.
(4) Appearing at a
			 scheduled appointment or hearing to:
(a) Locate or identify a parent of a child for whom the CSEA
				receives a referral;
(b) Establish the existence or non-existence of a father and
				child relationship; or
(c) Establish or modify a child support order, including medical
				support provisions contained in the child support order, or to enforce a
				support order.
(F) Notification to the county department
		  of job and family services (CDJFS) regarding cooperation.
(1) When a caretaker who
			 has an OWF or a medicaid cooperation requirement does not cooperate with the
			 CSEA, the CSEA shall notify the CDJFS via the support enforcement tracking
			 system (SETS) within five days of the caretaker not cooperating. The CDJFS will
			 determine whether or not to terminate benefits.
(2) When a caretaker who
			 previously did not cooperate with the CSEA begins to cooperate, the CSEA shall
			 notify the CDJFS via SETS within five days of the caretaker cooperating. The
			 CDJFS will determine whether or not to reinstate benefits.


Last updated June 1, 2021 at 9:34 AM