Original Notice.

Preproposal statement of inquiry was filed as WSR 01-09-043.

Title of Rule: WAC 388-14A-5001 What procedures does DCS follow to distribute support payments?, 388-14A-5003 How does DCS distribute money in an assistance case?, 388-14A-5006 How does DCS distribute support money when the paying parent has more than one case?, and 388-14A-5007 If the paying parent has more than one case, can DCS apply support money to only one specific case?

Purpose: DCS seeks to clarify these rules and add provisions dealing with automated enforcement of interstate (AEI) payments.

Statutory Authority for Adoption: RCW 26.23.035, 74.08.090, 74.20A.188, 74.20A.310, 42 U.S.C. 666 (a)14.

Statute Being Implemented: RCW 26.23.035, 74.08.090, 74.20A.188, 74.20A.310, 42 U.S.C. 666 (a)14.

Summary: DCS seeks to clarify these rules and add provisions dealing with automated enforcement of interstate (AEI) payments.

Reasons Supporting Proposal: Clarity, usability.

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: DCS has revised the rules regarding distribution for clarify, and added a section regarding how payments received under RCW 74.20A.188 are distributed.

Proposal Changes the Following Existing Rules: Amends WAC 388-14A-5001 What procedures does DCS follow to distribute support payments?, 388-14A-5003 How does DCS distribute money in an assistance case?, 388-14A-5006 How does DCS distribute support money when the paying parent has more than one case?, and 388-14A-5007 If the paying parent has more than one case, can DCS apply support money to only one specific case?

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not have 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

(1) Records payments in exact amounts ((without rounding)) of dollars and cents;

(2) Distributes support money within two days of the date DCS receives the money, unless ((it)) DCS is unable to distribute the payment for one or more of the following reasons:

(a) The location of the payee is unknown;

(b) DCS does not have sufficient information to identify the accounts against which or to which it should apply the money;

(c) An action is pending before a court or agency which has jurisdiction over the issue to determine whether support money is owed or how DCS should distribute the money.

(d) DCS receives prepaid support money ((which it)) and is holding for distribution in future months under subsection (2)(e) of this section;

(e) DCS mails a notice of intent to distribute support money to the custodial parent (CP) under WAC 388-14A-5050;

(f) DCS may hold funds and not issue a check to the family for amounts under one dollar. DCS must give credit for the payment, but may delay disbursement of that amount until a future payment is received which increases the amount of the payment to the family to at least one dollar. If no future payments are received which increase the payment to the family of at least one dollar, DCS transfers the amount to the department of revenue under RCW 63.29.130. This subsection does not apply to disbursements which can be made by electronic funds transfer (EFT), or to refunds of intercepted federal income tax refunds; or

(g) Other circumstances exist which make a proper and timely distribution of the money impossible through no fault or lack of diligence of DCS.

(3) Distribute support money based on the date DCS receives the money, except as provided under WAC 388-14A-5005.

[Statutory Authority: RCW 74.08.090, 26.23.035, 74.20A.057, 74.20A.310. 01-03-089, 388-14A-5001, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-270 and 388-14-273.]

(2) The division of child support (DCS) applies support money within each Title IV-D assistance case:

(a) First, to satisfy the current support obligation for the month DCS received the money (this money is kept by the state under WAC 388-14A-2035);

(b) Second, to satisfy support debts which are permanently assigned to the department to reimburse the cumulative amount of assistance which has been paid to the family (this money is kept by the state under WAC 388-14A-2035);

(c) Third, to satisfy support debts which are temporarily assigned to the department to reimburse the cumulative amount of assistance paid to the family (this money is kept by the state under WAC 388-14A-2035);

(d) Fourth, ((to satisfy support debts which are permanently assigned to the department to reimburse the cumulative amount of assistance which has been paid to the family;

(e) Fifth,)) to satisfy support debts which exceed the cumulative amount of unreimbursed assistance which has been paid to the family (this money goes to the family);

(((f) Sixth)) (e) Fifth, to prepaid support as provided for under WAC 388-14A-5008.

[Statutory Authority: RCW 74.08.090, 26.23.035, 74.20A.057, 74.20A.310. 01-03-089, 388-14A-5003, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-270.]

(1) First, to the current support obligation on each Title IV-D case, in proportion to the amount of the current support order on each case; and

(2) Second, to the total of the support debts whether owed to the family or to the department for the reimbursement of public assistance on each Title IV-D case, in proportion to the amount of support debt owed by the NCP on each case; and

(3) Third, within each Title IV-D case according to WAC 388-14A-5002 or 388-14A-5003.

[Statutory Authority: RCW 74.08.090, 26.23.035, 74.20A.057, 74.20A.310. 01-03-089, 388-14A-5006, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-270.]

(((1))) (a) Proportionate distribution is administratively inefficient; or

(((2))) (b) The collection resulted from the sale or disposition of a specific piece of property against which a court awarded the custodial parent (CP) a judgment lien for child support; or

(((3))) (c) The collection is the result of a contempt order which provides that DCS must distribute the amounts to a particular case.

(2) If the collection is the result of an automated enforcement of interstate (AEI) transaction under RCW 74.20A.188, DCS applies the payment as provided in WAC 388-14A-5006, even if the requesting state wants the payment applied to a specific case.

[Statutory Authority: RCW 74.08.090, 26.23.035, 74.20A.057, 74.20A.310. 01-03-089, 388-14A-5007, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-270.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office