WSR 04-05-080

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Financial Services Administration)

[ Filed February 17, 2004, 4:31 p.m. ]

Date of Adoption: February 6, 2004.

Purpose: Amending WAC 388-720-0020 that is used to determine the amounts owed by parents and other responsible parties, for the cost of support, treatment, and confinement of juveniles in custody.

Citation of Existing Rules Affected by this Order: Amending WAC 388-720-0020.

Statutory Authority for Adoption: RCW 13.40.220.

Adopted under notice filed as WSR 03-23-020 on November 10, 2003.

Changes Other than Editing from Proposed to Adopted Version: Replaced the term "AFDC" with the term "TANF." In 1996 the federal government replaced AFDC (aid to families with dependent children) with TANF (temporary assistance to needy families). This change makes the new WAC consistent with federal terminology.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

February 6, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3322.2
AMENDATORY SECTION(Amending WSR 00-22-019, filed 10/20/00, effective 11/20/00)

WAC 388-720-0020   Cost reimbursement schedule and ability to pay.   As provided for in RCW 13.40.220 the office of financial recovery may negotiate payment schedules and the methods used to satisfy costs of support, treatment and confinement with parents and other legally obligated persons, on behalf of the department. The results of the application of this rule may be appealed as provided for in RCW 13.490.220 (4) and (6) and Part IV Adjudicative Proceedings, of chapter 34.05 RCW, administrative Procedure Act. A parent or other legally obligated person shall pay a percentage of gross income to the department for the cost of support, treatment((,)) and confinement of the juvenile ((in accordance with)). Ability to pay will be determined by the application of the information provided by a parent or other legally obligated person in the financial information statement to the reimbursement schedule below:


Monthly Gross Income

Percentage of Gross Income

Ordered for Reimbursement of Costs

Number of Parents and Dependents Remaining in Household


((AFDC)) TANF or $0 - 600

1 2 3 4 5 6 7 8+
0 0 0 0 0 0 0 0
$601 - 1000 8% 6% 4% 2% 0 0 0 0
$1001 - 2000 12% 10% 8% 6% 4% 2% 0 0
$2001 - 3000 16% 14% 12% 10% 8% 6% 4% 2%
$3001 - 4000+ 18% 16% 14% 12% 10% 8% 6% 4%

(1) Within fifteen days of receipt((, a parent shall mail to the department a certified)) of the financial information statement ((on forms provided by)), a parent or other legally obligated person shall complete, sign and mail the statement to the department. Based on the statement and on other information available to it, the department shall determine the parent's gross income, the number of parents and dependents, and the reimbursement obligation, and shall serve on the parent a notice and finding of financial responsibility.

(2) If a parent or legally obligated person fails to timely provide a financial statement, the reimbursement obligation shall be twenty-three hundred dollars per month.

(3) If the juvenile's parents or other legally obligated person reside in separate households, each parent shall be liable for reimbursement.

(4) The gross income of a parent shall be reduced by the amount the parent pays in spousal maintenance to the juvenile's parent, which is gross income to the receiving parent. The gross income of a parent or other legally obligated person shall be reduced by the amount of current child support paid for any child, including the juvenile offender. This credit shall be available when the support is paid to any section of the department or to any other person legally entitled to receive those support payments, pursuant to court order or administrative order for a child the parent did not claim as a dependent under the reimbursement schedule.

(5) Reimbursement may not exceed the cost of care as determined by the department.

(6) The reimbursement obligation commences the day the juvenile enters the custody of the department, regardless of when the notice and finding of financial responsibility is received by the parent. A monthly reimbursement obligation shall be reduced on a pro rata basis for any days in which the juvenile was not in the custody of the department.

(7) The parent or other legally obligated person of the juvenile shall be exempt from the payment of the cost of the juvenile's care in the state facility if the parent or other legally obligated person receives adoption support or is eligible to receive adoption support for the juvenile offender; or if the parent, or other legally obligated person, or such person's child, spouse, or spouse's child, was the victim of the offense for which the juvenile was committed to the department.

[Statutory Authority: RCW 13.40.220. 00-22-019, recodified as 388-720-0020, filed 10/20/00, effective 11/20/00; 96-24-075, 275-47-020, filed 12/2/96, effective 1/2/97; 94-15-009 (Order 3752), 275-47-020, filed 7/8/94, effective 8/8/94.]

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