Ohio Administrative Code|Rule 5101:12-10-70 | Termination of services.

                                                
(A) This rule describes the conditions
		  that must exist and the process a child support enforcement agency (CSEA) shall
		  use to terminate IV-D services or to terminate support enforcement program
		  services (i.e., case closure).
(B) Terms used in this rule.
(1) "Alleged
			 father," as used in this rule, means a man who alleges or is alleged to be
			 the father of a child.
(2) "Caretaker," as used in this rule, means the
			 custodial parent, individual, or agency that is or may become the beneficiary
			 of a support order.
(3) "Case
			 closure" means the termination of support enforcement program
			 services.
(4) "Duty to provide
			 support enforcement program services" means the responsibility, imposed
			 pursuant to section 3125.11 of the Revised Code, to enforce support orders in
			 the county the CSEA services.
(5) "IV-D case"
			 is defined in rule 5101:12-1-10 of the Administrative Code.
(6) "IV-D
			 services" are identified in rule 5101:12-10-01 of the Administrative Code
			 and also include support enforcement program services.
(7) "Non-custodial
			 parent" or "NCP" means an individual who is or may become
			 obligated to pay support.
(8) "Non IV-D
			 case" is defined in rule 5101:12-1-10 of the Administrative
			 Code.
(9) "Non-public
			 assistance case" or "NPA case," for the purposes of this rule,
			 is a IV-D case in which:
(a) The CSEA approved a IV-D application;
(b) The CSEA received a IV-D referral but the Ohio works first
				(OWF), medicaid, or Title IV-E foster care maintenance (FCM) benefits have
				terminated. There may or may not be assigned arrears; or
(c) The CSEA received a IV-D referral and the child is currently
				receiving medicaid benefits and one of the following exists:
(i) The caretaker with
				  whom the child resides is not receiving medicaid benefits; or
(ii) The caretaker with
				  whom the child resides is receiving medicaid benefits and the caretaker meets
				  one of the exceptions to cooperation in accordance with paragraph (D) of rule
				  5101:12-10-31 of the Administrative Code.
(10) "Public
			 assistance case" or "PA case," for the purposes of this rule,
			 means a IV-D case in which the CSEA received a IV-D referral and:
(a) The child is currently receiving OWF or FCM benefits;
				or
(b) The child is currently receiving medicaid benefits, the
				caretaker with whom the child resides is receiving medicaid benefits, and the
				caretaker is required to cooperate with the CSEA in accordance with paragraph
				(D) of rule 5101:12-10-31 of the Administrative Code.
(11) "Recipient of
			 IV-D services," for the purposes of this rule, means:
(a) The individual who signed the approved IV-D application;
				or
(b) The caretaker in a IV-D referral.
(12) "Support
			 enforcement program services" are identified in rule 5101:12-10-01 of the
			 Administrative Code.
(C) When the phrase "terminate
		  services" is used in this rule, it refers to the decision made by the CSEA
		  to either terminate all services or to terminate IV-D services but continue to
		  provide support enforcement program services. The decision made by the CSEA
		  must be made based on one of the criteria described in paragraph (D) of this
		  rule. To further clarify, when the CSEA elects to terminate services,
		  then:
(1) In a IV-D
			 case:
(a) IV-D services terminate but the CSEA shall continue to
				provide support enforcement program services when the CSEA has a duty to
				provide support enforcement program services. The case is then considered a
				non-IV-D case.
(b) Case closure shall occur when IV-D services have been
				terminated and the CSEA has no duty to provide support enforcement program
				services.
(2) In a non-IV-D case,
			 case closure shall occur when the CSEA has no duty to provide support
			 enforcement program services.
(D) A CSEA may terminate services when
		  the case record contains verification that the case meets one of the following
		  criteria:
(1) There is no current
			 support obligation owed to the caretaker and one of the following
			 applies:
(a) The child is no longer in the home of the caretaker and there
				is no support order or no arrears are owed under a terminated support
				order.
Use of this criterion shall result in case
				closure.
(b) There is no duty of support, as described in section 3103.03
				of the Revised Code, owed to the caretaker, and paternity establishment is not
				required.
Use of this criterion shall result in case
				closure.
(c) The court or administrative support order has been terminated
				and there are no arrears or the total of all arrears is less than five hundred
				dollars and a payment has not been received on the case within the preceding
				six months.
Use of this criterion shall result in a
				non-IV-D case when there are arrears or case closure when there are no
				arrears.
(d) The court or administrative support order has been
				terminated, the arrears are unenforceable under state law, and a payment has
				not been received on the case within the preceding six months.
Use of this criterion shall result in a
				non-IV-D case.
(e) The child has reached the age of majority, the NCP is
				entering or has entered long-term care arrangements (such as a residential care
				facility or home health care), and the NCP has no available income or assets
				above the subsistence level that could be levied or attached for
				support.
Use of this criterion shall result in a non
				IV-D case when there are arrears, or case closure when there are no
				arrears.
(2) The NCP has died and
			 no further support enforcement program services, including a levy against the
			 estate, can be provided.
Use of this criterion shall result in case
			 closure.
(3) The CSEA cannot
			 establish paternity because:
(a) The child is twenty-three years of age or older and the
				action to establish paternity is barred by statute of limitations as specified
				in section 3111.05 of the Revised Code;
(b) Genetic testing has excluded the alleged father;
(c) There is a final and enforceable determination of paternity
				that determines that the alleged father is not the father of the child or that
				another man is the father of the child;
(d) The CSEA has determined that it would not be in the best
				interest of the child to establish paternity in a case involving incest or
				forcible rape or where legal proceedings for adoption are pending;
				or
(e) The identity of the biological father is unknown and cannot
				be identified after diligent efforts, including at least one interview by the
				CSEA with the recipient of IV-D services.
Use of this criterion shall result in case
			 closure.
(4) The NCP's
			 location is unknown, the CSEA has made diligent efforts to locate the NCP using
			 multiple sources, as described in rules 5101:12-20-05 to 5101:12-20-05.3 of the
			 Administrative Code, and all efforts have been unsuccessful over a period
			 of:
(a) Two years when there is sufficient information to initiate an
				automatic locate effort;
(b) One year when there is sufficient information to initiate an
				automatic locate effort, but locate interfaces are unable to verify a social
				security number; or
(c) Six months when there is not sufficient information to
				initiate an automatic locate effort.
Use of this criterion shall result in a
			 non-IV-D case when there is a support order or arrears, or in case closure when
			 there is no support order or arrears.
(5) The NCP has no
			 available income or assets above the subsistence level that could be levied or
			 attached for support and cannot pay support for the duration of the
			 child's minority, or after the child has reached the age of majority
			 because:
(a) The NCP is institutionalized in a psychiatric
				facility;
(b) The NCP is incarcerated; or
(c) The NCP has a medically verified total and permanent
				disability with no evidence of support potential.
Use of this criterion shall result in a
			 non-IV-D case when there is a support order or arrears, or in case closure when
			 there is no support order or arrears.
(6) The NCP's sole income is from
			 supplemental security income (SSI) payments, and paternity has been
			 established.
Use of this criteria shall result in a non-IV-D
			 case when there is a support order or arrears, or in case closure when there is
			 no support order or arrears.
(7) The NCP is a citizen of and lives in
			 a foreign country and:
(a) Does not work for the federal government or a company with
				headquarters or offices in the United States;
(b) Has no reachable domestic income or assets; and
(c) There is no federal or state treaty or reciprocity with that
				country.
Use of this criterion shall result in a
			 non-IV-D case when there is a support order or arrears, or in case closure when
			 there is no support order or arrears.
(8) The case was opened for location
			 services only, location services have been completed, and a final location
			 response has been sent to the caretaker.
This criterion shall only be used in an NPA
			 case or a Title IV-E, non-FCM case when the case was opened as a result of a
			 request for location services only. Use of this criterion shall result in a
			 non-IV-D case when there is a support order or arrears, or in case closure when
			 there is no support order or arrears.
(9) The recipient of IV-D services
			 requests that the CSEA terminate IV-D services.
(a) This criterion shall only be used in a case when there are no
				assigned arrears and the CSEA:
(i) Approved a IV-D
				  application; or
(ii) Received a IV-D referral but the OWF, medicaid, or FCM
				  benefits have terminated.
(b) Use of this criterion shall result in a non-IV-D case when
				there is a support order or arrears, or in case closure when there is no
				support order or arrears.
(10) The CSEA has:
(a) Approved a good cause waiver or determined other exceptions
				to cooperation; and
(b) Determined that no support enforcement services may be
				provided without risk of harm to the child or caretaker.
This criterion shall only be used in a PA case.
			 Use of this criterion shall result in case closure.
(11) The CSEA is unable to contact the
			 recipient of IV-D services despite a good faith effort made through at least
			 two different methods, one of which shall be a letter sent by first class mail
			 to the last known address. Other methods may include attempted contact by:
			 email, telephone, the state services portal (SSP), or other method. The two
			 methods of contact shall be documented in the case record.
This criterion shall only be used in an NPA
			 case when there are no assigned arrears. Use of this criterion shall result in
			 a non-IV-D case when there is a support order or arrears, or in case closure
			 when there is no support order or arrears.
(12) The CSEA documents the circumstances
			 of non-cooperation by the recipient of IV-D services and an action by the
			 recipient of IV-D services is essential for the next step in providing
			 services.
This criterion shall only be used in an NPA
			 case when there are no assigned arrears. Use of this criterion shall result in
			 a non-IV-D case when there is a support order or arrears, or in case closure
			 when there is no support order or arrears.
(13) Another assistance program, including
			 Title IV-A, Title IV-E, supplemental nutrition assistance program (SNAP), and
			 medicaid, has referred a case to the CSEA that the CSEA determines is
			 inappropriate to establish a child support order and the caretaker or NCP has
			 not applied for IV-D services. Circumstances where it may be inappropriate to
			 establish a child support order include, but are not limited to
			 when:
(a) The child is living in the home of an intact two parent
				household; 
(b) The caretaker is not receiving benefits from an assistance
				program that requires the caretaker's cooperation with the
				CSEA;
(c) A married parent has applied for Title IV-A, SNAP, or
				medicaid benefits for the child while the other parent has temporarily left the
				area to find work;
(d) The family is receiving a non-recurring, short-term
				benefit that does not fall within the definition of "assistance"
				under 45 C.F.R. 260.31(10/01/2010); or
(e) The child is expected to be in foster care for only a
				short time before being reunited with their family or before adoption
				proceedings are finalized.
This criterion may only be used prior to the
			 establishment of a support order. The CSEA shall make reasonable efforts to
			 establish paternity prior to use of this criterion.
Use of this criterion shall result in a case
			 closure.
(14) The CSEA documents that the
			 initiating state has failed to take an action after repeated requests from the
			 CSEA for additional information or documents, that is essential for the CSEA to
			 take the next step in providing services.
Use of this criterion shall result in case
			 closure if there is no Ohio controlling order on the case, or there are no
			 assigned arrears owed to Ohio. If there is an Ohio controlling order, or if
			 there are assigned arrears owed to Ohio, the use of this criterion shall result
			 in a non-IV-D case.
(15) The initiating agency has notified
			 the CSEA that the initiating state has closed its case. The CSEA shall close
			 the case within ten business days of receiving the notification.
Use of this criterion shall result in case
			 closure if there is no Ohio controlling order on the case, or there are no
			 assigned arrears owed to Ohio. If there is an Ohio controlling order, or if
			 there are assigned arrears owed to Ohio, the use of this criterion shall result
			 in a non-IV-D case.
(16) The initiating agency has notified
			 the CSEA that the CSEA's intergovernmental services are no longer needed.
			 The CSEA shall close the case within ten business days of receiving the
			 notification.
Use of this criterion shall result in case
			 closure if there is no Ohio controlling order on the case, or there are no
			 assigned arrears owed to Ohio. If there is an Ohio controlling order, or if
			 there are assigned arrears owed to Ohio, the use of this criterion shall result
			 in a non-IV-D case.
(17) The case has been transferred to a
			 tribal IV-D agency and the CSEA has complied with the following before
			 transferring and closing the case with Ohio:
(a) The recipient of services has requested the CSEA to transfer
				the case to the tribal IV-D agency and close their case with Ohio;
(b) The CSEA has notified the recipient of services of its intent
				to transfer the case to the tribal IV-D agency and close their case with Ohio,
				and the recipient did not respond to the notice; or
(c) The tribal IV-D agency has a state-tribal agreement approved
				by the federal office of child support enforcement (OCSE) to transfer and close
				cases, with the consent from the recipient of services.
Use of this criterion shall result in case
				closure.
(18) In a non-IV-D case, a court has, in
			 accordance with section 3121.441 of the Revised Code, permitted the obligor to
			 make spousal support payments directly to the obligee instead of to the office
			 of child support when:
(a) The obligee and obligor have no minor children born as a
				result of their marriage; and
(b) The obligee has not assigned the spousal support amounts to
				the Ohio department of job and family services.
This criterion shall only be used in a non-IV-D
			 case. Use of this criterion shall result in case closure.
(19) The case was opened in error or
			 another administrative reason exists to close the case.
Use of this criterion shall result in case
			 closure.
(E) In a IV-D case, the CSEA shall make
		  reasonable efforts to establish paternity or a child support order, when
		  appropriate, prior to terminating IV-D services.
(F) A CSEA shall terminate services when
		  the case record contains verification that the case meets the following
		  criteria:
(1) The child is eligible
			 for health care services from the Indian health service (IHS); and
(2) The case was opened
			 because of a medicaid referral based solely upon health care services,
			 including the purchased/referred care program, provided through an
			 IHS.
Use of this criterion shall result in case
			 closure.
(G) Notice of termination of services.
(1) Sixty days prior to
			 terminating services, the CSEA shall issue a JFS 07046, "Pending Case
			 Closure Notice" (effective or revised effective date as identified in rule
			 5101:12-10-99 of the Administrative Code), to:
(a) The recipient of IV-D services when services are proposed for
				termination pursuant to paragraphs (D)(1) to (D)(7), (D)(11), or (D)(12) of
				this rule.
(b) The initiating state in an interstate case when services are
				proposed for termination pursuant to paragraph (D)(14) of this
				rule.
(2) The IV-D case must
			 remain open if, during the sixty day period:
(a) Contact is reestablished with the recipient of IV-D services
				and the case was proposed for termination pursuant to paragraph (D)(11) of this
				rule;
(b) In response to the JFS 07046, the recipient of IV-D services
				or the initiating state supplies information that could lead to any of the
				following:
(i) Establishment of
				  paternity;
(ii) Establishment of a
				  child support order; or
(iii) Enforcement of a
				  child support order.
(H) Termination of support enforcement program services in a
		  non-IV-D case with an existing arrears balance.
(1) The CSEA may
			 terminate support enforcement program services and close a non-IV-D case when
			 the support order has been terminated and:
(a) The total of all arrears is less than one hundred fifty
				dollars; or
(b) There has been no collection received on the case during the
				past three years and all manual and automated location or enforcement methods
				have been unsuccessful.
(2) When the CSEA
			 proposes to terminate support enforcement program services and close a non-IV-D
			 case, the CSEA shall issue a notice to the last known address of the parties to
			 the support order that contains the following information:
(a) The arrears balances, when applicable;
(b) Either party to the support order may request that the CSEA
				continue providing support enforcement program services by contacting the CSEA
				in writing within sixty days of the date on the notice;
(c) After the case has been closed, either party to the support
				order may contact the CSEA at any time and request that the CSEA resume
				providing support enforcement program services or IV-D services;
				and
(d) The CSEA will reopen the case at a later date when a
				collection is received on the case.
(3) The CSEA may close
			 the non-IV-D case when neither party has contacted the CSEA within sixty days
			 of the date of the notice described in paragraph (H)(2) of this rule to request
			 that the CSEA continue to provide services.
(4) When the CSEA closes
			 the non-IV-D case, the arrears balances that display on the support enforcement
			 tracking system (SETS) must accurately reflect the arrears balances owed on the
			 case.
(5) When the CSEA has
			 closed a non-IV-D case, the CSEA shall reopen the case in accordance with rule
			 5101:12-10-02 of the Administrative Code or when a collection is received on
			 the case.