WSR 98-03-078

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Division of Child Support)

[Filed January 21, 1998, 11:06 a.m.]

Subject of Possible Rule Making: WAC 388-11-205 Assessing support.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 26.19 RCW, RCW 26.23.050, 74.20A.310.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 388-11-205 sets forth the methods for assessing support. WAC 388-11-205 (11)(b) provides the method for calculation of child support for a dependent child in foster care. A recent court of appeals decision finds that this subsection is in conflict with chapter 26.19 RCW. While revising the rule, the Division of Child Support will also review the rule under the criteria of Executive Order 97-02.

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 the Department of Social and Health Services Division of Child Support Headquarters prior to February 16, 1998, when the Division of Child Support intends to file the CR-102 and proposed 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, Division of Child Support, 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.

January 20, 1998

Edith M. Rice, Chief

Office of Legal Affairs

for Merry A. Kogut, Manager