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WAC 388-14A-8120

Are there special rules for collection in foster care cases?

(1) Whenever the department provides residential care ("foster care") for a dependent child or children, the noncustodial parent (NCP) or parents (NCPs) satisfy their obligation to support the child or children by paying to the department the amount specified in a court order or administrative order, if a support order exists.
(2) The division of child support (DCS) takes action under the provisions of chapters 74.20 and 74.20A RCW and this chapter to enforce and collect support obligations owed for children receiving foster care services.
(3) If, during a month when a child is in foster care, the NCP is the "head of household" with other dependent children in the home, DCS does not collect and retain a support payment if:
(a) The household's income is below the need standard for temporary assistance for needy families (TANF) (see WAC 388-478-0015); or
(b) Collection of support would reduce the household's income below the need standard.
(4) The NCP's support obligation for the child or children in foster care continues to accrue during any month DCS is prevented from collecting and retaining support payments under this section.
(5) If the department has collected support payments from the head of household during the months which qualify under section (3), the NCP may request a conference board in accordance with WAC 388-14A-6400.
(6) The NCP must prove at the conference board that the income of the household was below or was reduced below the need standard during the months DCS collected payments.
(7) If the conference board determines that DCS has collected support payments from the head of household that the department is not entitled to retain according to this section, DCS must promptly refund, without interest, any support payments, or the portion of a payment which reduced the income of the household below the need standard.
(8) This section does not apply to payments collected prior to August 23, 1983.
[Statutory Authority: RCW 74.08.090. WSR 01-03-089, ยง 388-14A-8120, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-395.]
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