WSR 97-09-111

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed April 23, 1997, 11:39 a.m.]

Subject of Possible Rule Making: Changes to the laws regarding the affidavit acknowledging paternity; new WAC sections, plus amendments to WAC 388-11-045, 388-11-032, and 388-11-048.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.220(1), 74.20A.055, sections 901, 937, 938, 939, 940, and 941 of EHB 3901 PL, signed April 18, 1997.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Welfare reform makes changes to chapter 26.26 RCW, and RCW 74.20A.055, 74.20A.056, and 70.58.080. The effect of an acknowledgement of paternity is changed from a presumption under RCW 26.26.040 to a legal finding of paternity sixty days after filing, subject only to a challenge in superior court based on fraud, duress, or material mistake of fact. This necessitates changes in the procedures governing the notice and finding of parental responsibility. Changes to WAC 388-11-285, dealing with the notice and finding of financial responsibility, are also needed.

Process for Developing New Rule: Agency study; and those persons wishing to participate in developing the new rules are encouraged to contact Nancy Koptur at DCS headquarters prior to June 13, 1997, when DCS intends to file the CR-102 and draft rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Nancy Koptur, DCS Headquarters, P.O. Box 9162, Mailstop 45860, Olympia, WA 98507-9162, phone (360) 586-3077, FAX (360) 586-3274, TTY/TDD (360) 753-9122, e-mail nkoptur@dshs.wa.gov.

April 23, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser

Register

Washington State Code Reviser's Office