PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Child Support)
Date of Adoption: November 29, 2001.
Purpose: Amending chapter 388-14A WAC to provide same policy as existed before conversion of the Division of Child Support (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 prosecutor's 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.
Citation of Existing Rules Affected by this Order: 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"?
Statutory Authority for Adoption: RCW 74.08.090, 74.20A.310.
Adopted under notice filed as WSR 01-21-103 on October 23, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 2,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
November 30, 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.]