Ohio Admin. Code 5101:12-1-80.4

Current through all regulations passed and filed through October 28, 2024
Section 5101:12-1-80.4 - IV-D contract record retention
(A) The child support enforcement agency (CSEA) and contractor will retain all IV-D contract records:
(1) For a period of three years after the final payment is made to the contractor and all matters relating to the IV-D contract are concluded; or
(2) In accordance with the county records commission in the county in which the CSEA serves, when the county records commission mandate s a retention period of more than three years.
(B) IV-D contract records include but are not limited to:
(1) Documents generated as a result of the procurement process, when applicable, including proof of formal advertising and the selection of the contractor;
(2) A list of potential contractors contacted when the total IV-D contract cost is for an amount that is less than twenty-five thousand dollars or, when the county in which the CSEA serves has a contract threshold requirement that is less than twenty-five thousand dollars, the total IV-D contract cost is for an amount that is less than the local contract threshold requirement;
(3) All IV-D contract documents;
(4) Documentation of any attempt to enter into a IV-D contract with the court or law enforcement official;
(5) Any documentation that the sheriff is unable to provide the resources necessary for service of process in a timely manner when the CSEA attempts to enter into a IV-D contract with a sheriff;
(6) Any documentation from the sheriff that the sheriff charges other agencies service of process fees;
(7) Financial records;
(8) Statistical records;
(9) Any documents or correspondence, including electronic correspondence, from the office of child support (OCS) or the federal office of child support enforcement regarding the IV-D contract; and
(10) All other records regarding delivery of services under the IV-D contract.
(C) When an audit, litigation, or other action involving the IV-D contract is started before the end of the retention period, the CSEA and contractor will retain the IV-D contract records until all issues are resolved.
(D) The CSEA and contractor will make the IV-D contract records available to any authorized governmental representative during reasonable times. A governmental representative includes but is not limited to a representative from the:
(1) United States department of health and human services;
(2) Comptroller general of the United States;
(3) State of Ohio;
(4) County auditor; and
(5) CSEA.
(E) The CSEA will obtain approval from the county records commission before destroying the IV-D contract records.

Ohio Admin. Code 5101:12-1-80.4

Effective: 11/1/2024
Five Year Review (FYR) Dates: 8/5/2024 and 11/01/2029
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.12, 3125.13, 3125.14, 3125.17
Prior Effective Dates: 08/01/1975, 08/01/1982, 07/01/1987, 07/01/1987 (Emer.), 08/03/1987, 12/01/1987, 12/01/1987 (Emer.), 02/29/1988, 11/27/1989 (Emer.), 02/19/1990, 04/10/1992, 07/15/1992, 11/01/1993, 07/01/1996, 02/01/1997, 07/01/2002, 01/01/2004, 12/02/2004, 02/15/2009