WSR 04-09-036

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed April 13, 2004, 4:23 p.m. ]

Subject of Possible Rule Making: The Division of Child Support (DCS) is amending WAC 388-14A-1020 What definitions apply to the rules regarding child support enforcement?, 388-14A-3140 What can happen at a hearing on a support establishment notice?, 388-14A-3370 What legal defenses are available to a noncustodial parent when DCS seeks to enforce a support obligation?, 388-14A-3600 The parties may resolve any child support case by entering a consent order or an agreed settlement, 388-14A-3810 Once a child support order is entered how long does the support obligation last?, and 388-14A-6300 Duty of the administrative law judge in a hearing to determine the amount of a support obligation. Also new rules and amendments to other related sections may be adopted as necessary.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.220(1), 74.08.090, 74.20A.055, and 74.20A.056.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DCS seeks to establish rules to deal with situations when a court-ordered parenting plan sets a child's residential schedule so that the child spends an equal amount of time with each parent (a "50-50 custody split").

Process for Developing New Rule: DCS engages in modified collaborative rule making. Those persons wishing to participate in developing the new rules are encouraged to contact Nancy Koptur at the DSHS Division of Child Support (DCS) headquarters as soon as possible. DCS will post information regarding this rule development project and others on its website, which can be found at www.wa.gov/dshs/dcs, or on the DSHS Economic Services Administration's policy review website, which can be found at http://www1.dshs.wa.gov/esa/extpolicy/. DSHS/DCS encourages the public to take part in developing the rules. At a later date, DSHS will file proposed rules with the Office of the Code Reviser with a notice of proposed rule making, and will send the proposal to everyone currently on the mailing list and to anyone else who requests a copy.

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 Rules Coordinator, Division of Child Support, P.O. Box 9162, Mailstop 45860, phone (360) 664-5065, e-mail nkoptur@dshs.wa.gov, 1-800-457-6202, fax (360) 664-5055, TTY/TDD (360) 664-5011.

April 13, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 

Register

Washington State Code Reviser's Office