WSR 01-21-105

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed October 23, 2001, 8:31 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-09-027.

Title of Rule: Amending WAC 388-14A-2105 Basic confidentiality rules for the division of child support, 388-14A-2110 How do I make a request for disclosure of DCS public records?, 388-14A-2115 Can the custodial parent waive notice of a request for address information?, 388-14A-2120 Can the noncustodial parent request notice before DCS releases address information to the custodial parent? and 388-14A-2125 Can DCS ever release address information without giving notice?; and new sections WAC 388-14A-2107 Are there special rules for requests for whereabouts information?, 388-14A-2112 When I make a public disclosure request, do I get the information or records immediately?, 388-14A-2114 Does DCS give notice to anyone before releasing information pursuant to a public disclosure request?, 388-14A-2116 How do I request a support order summary from DCS?, 388-14A-2130 What if I object to the release of my address?, 388-14A-2135 When might DCS deny a request for address information without going through the notice and hearing process?, and 388-14A-2140 What happens at a hearing on objection to disclosure of address information?

Purpose: To clarify the rules regarding confidentiality and disclosure of information contained in the Division of Child Support (DCS) records.

Statutory Authority for Adoption: RCW 26.23.120, 74.08.090.

Statute Being Implemented: RCW 26.23.120, 74.08.090.

Summary: DCS has revised its rules regarding confidentiality and disclosure of information contained in DCS records. DCS did this to make the rules more clear and understandable. In addition, DCS has added rules regarding the disclosure of confidential information contained in both court and administrative orders.

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: Revisions to the rules regarding confidentiality and disclosure. Rewritten for clarity and ease of understanding, and to clarify procedures.

Proposal Changes the Following Existing Rules: Amends five existing rules and adds seven new rules.

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 December 11, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by December 7, 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., December 11, 2001.

Date of Intended Adoption: No sooner than December 12, 2001.

October 17, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 01-22 issue of the Register.

Washington State Code Reviser's Office