PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Child Support)
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-13-049.
Title of Rule: Amending WAC 388-14A-1025 What are the responsibilities of the division of child support? and 388-14A-2065 Does the division of child support provide support enforcement services if the CSO decides I have "good cause level A"?
Purpose: Amending chapter 388-14A WAC to provide the same policy as existed before conversion of DCS WAC to the new chapter. Amending WAC 388-14A-1025 What are the responsibilities of the division of child support?, to clarify that DCS does not provide funding under Title IV-D to a prosecutors office which pursues paternity against DCS wishes when the custodial parent claims good cause level A; and amending WAC 388-14A-2065 to provide that, if DCS has referred a case for paternity establishment, DCS advises the prosecutor if good cause level A is granted.
Statutory Authority for Adoption: RCW 74.08.090, 74.20A.310.
Statute Being Implemented: RCW 74.08.090, 74.20A.310.
Summary: Reinstating policy that did not make the transfer from chapter 388-14 WAC to chapter 388-14A WAC, clarifying that DCS does not want prosecutors to pursue paternity actions after a good cause level A finding.
Reasons Supporting Proposal: Not a change in policy.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS Headquarters, P.O. Box 9162, Olympia, WA 98507-9162, (360) 664-5065.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Amends WAC 388-14A-1025 and 388-14A-2065 to clarify existing policy re no IV-D funding for actions taken by prosecutor and/or attorney general after DCS notifies them of a finding of good cause level A.
Proposal Changes the Following Existing Rules: Amends WAC 388-14A-1025 and 388-14A-2065.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not have an economic impact on small businesses. It only affects individuals who have support obligations or individuals who are owed child support.
RCW 34.05.328 applies to this rule adoption. The rule does meet the definition of a significant legislative rule but DSHS/DCS is exempt from preparing further analysis under RCW 34.05.328 (5)(b)(vii).
Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on November 27, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by November 23, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by 5:00 p.m., November 27, 2001.
Date of Intended Adoption: No sooner than November 28, 2001.
October 17, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
2991.1(a) The department of social and health services pays public assistance or provides foster care services;
(b) A former recipient of public assistance is eligible for services, as provided in WAC 388-14A-2000 (2)(c);
(c) A custodial parent (CP) or noncustodial parent (NCP) requests nonassistance support enforcement services under RCW 74.20.040 and WAC 388-14A-2000;
(d) A support order or wage assignment order under chapter 26.18 RCW directs the NCP to make support payments through the Washington state support registry (WSSR);
(e) A support order under which there is a current support obligation for dependent children is submitted to the WSSR;
(f) A former custodial parent (CP) requests services to collect a support debt accrued under a court or administrative support order while the child(ren) resided with the CP;
(g) A child support enforcement agency in another state or foreign country requests support enforcement services; or
(h) A child support agency of an Indian tribe requests support enforcement services.
(2) DCS takes action under chapters 26.23 and 74.20A RCW to establish, enforce and collect child support obligations.
(a) DCS refers cases to the county prosecuting attorney or attorney general's office when judicial action is required.
(b) If DCS has referred a case to the county prosecuting attorney or attorney general's office and the CP has been granted good cause level A, DCS does not share funding under Title IV-D for any actions taken by the prosecutor or attorney general's office once DCS advises them of the good cause finding.
(3) DCS does not take action on cases where the community services office (CSO) has granted the CP good cause not to cooperate under WAC 388-422-0020, when the CSO grants "level A good cause." If the CSO grants "level B good cause," DCS proceeds to establish and/or enforce support obligations but does not require the CP to cooperate with DCS. WAC 388-14A-2065 and 388-14A-2070 describe the way DCS handles cases with good cause issues.
(4) DCS establishes, maintains, retains and disposes of case records in accordance with the department's records management and retention policies and procedures adopted under chapter 40.14 RCW.
(5) DCS establishes, maintains, and monitors support payment records.
(6) DCS receives, accounts for and distributes child support payments required under court or administrative orders for support.
(7) DCS files a satisfaction of judgment when we determine that a support obligation is either paid in full or no longer legally enforceable. WAC 388-14A-2099 describes the procedures for filing a satisfaction of judgment. WAC 388-14A-2099(4) describes how DCS determines a support obligation is satisfied or no longer legally enforceable.
[Statutory Authority: RCW 74.08.090, 45 CFR 303.106. 01-03-089, 388-14A-1025, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-205.]
(1) The division of child support (DCS) closes the case and does not take any action to establish or enforce support for the children covered by the good cause finding.
(2) If the noncustodial parent (NCP) applies for paternity establishment or support enforcement services, DCS denies the NCP's application for services.
(3) If the community services office grants good cause level A after the case has been referred to the county prosecuting attorney or attorney general's office, DCS advises the prosecutor or attorney general's office of the good cause finding.
(4) When DCS advises the prosecutor or attorney general's office that good cause level A applies in a case, DCS requests that the prosecutor or attorney general's office dismiss any action that has been filed and cease all activities to establish or enforce a child support obligation for the children covered by the good cause finding.
[Statutory Authority: RCW 74.08.090. 01-03-089, 388-14A-2065, filed 1/17/01, effective 2/17/01.]