Section 5101:12-60-60 - Redirection of support(A) This rule and its supplemental rules describe how the child support enforcement agency (CSEA) with administrative responsibility for a child support order redirects payments under the support order.(B) The CSEA is authorized to proceed in accordance with this rule and its supplemental rules when a IV-D application as described in paragraph (A) of rule 5101:12-10-01.1 of the Administrative Code or a IV-D referral as described in paragraph (B) of rule 5101:12-10-01.1 of the Administrative Code has been completed and filed with the CSEA, and the application or referral indicates the child is with a caretaker other than the current payee.(C) Nothing in this rule or its supplemental rules precludes a CSEA from proceeding in accordance with Chapter 5101:12-45 of the Administrative Code to establish a child support order or to proceed in accordance with rule 5101:12-60-50 of the Administrative Code and its supplemental rules to terminate a support order.(D) The following definitions apply to this rule and its supplemental rules:(1) "Caretaker" has the same meaning as in section 3119.01 of the Revised Code.(2) "Legal custody" has the same meaning as in section 2151.011 of the Revised Code and includes permanent custody or temporary custody.(3) "Payee" means the person or entity to whom child support payments may be disbursed under a child support order.(4) "Primary caregiver" means a person with whom the child resides for at least thirty consecutive days, and who stands in place of a parent to make decisions regarding the health, education, support, and welfare of a child.(5) "Public children services agency" (PCSA) has the same meaning as in section 5153.01 of the Revised Code.(6) "Redirect" means a change under an existing child support order requiring payments be disbursed to a different payee.(E) Within twenty days of receiving a IV-D application or referral that indicates the child is with a caretaker other than the current payee, the CSEA will:(1) Identify whether the child is in the legal custody of a PCSA; and(2) Identify whether the caretaker is the primary caregiver of the child.(F) When the child is in the legal custody of a PCSA, the CSEA will consult with the PCSA to identify if it is in the best interest of the child to redirect the child support order.(G) When the child is not in the legal custody of a PCSA and is in the placement of a caretaker other than a PCSA, the CSEA will determine whether the caretaker is the primary caregiver of the child.(1) When the CSEA determines that the caretaker is the primary caregiver of the child, the CSEA will: (a) Determine that a reason exists to redirect support to the caretaker; and(b) Proceed in accordance with rule 5101:12-60-60.1 of the Administrative Code.(2) When the CSEA determines that the caretaker is not the primary caregiver of the child, the CSEA will:(a) Determine that a reason does not exist to redirect support to the caretaker; and(b) Issue the JFS 07800, "Results of Investigation to Redirect the Child Support Order" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code) to the last known address of the person who requested the redirection.Ohio Admin. Code 5101:12-60-60
Effective: 4/3/2024
Five Year Review (FYR) Dates: 04/03/2029
Promulgated Under: 119.03
Statutory Authority: 3119.9541, 3125.25
Rule Amplifies: 3119.955, 3119.957, 3119.9511, 3119.9513, 3119.9517, 3119.9527, 3119.9529, 3119.9531, 3119.9533, 3119.9535, 3119.9537