SOCIAL AND HEALTH SERVICES
Purpose: The purpose of the emergency filing of amended and new rules of chapter 388-25 WAC, Child welfare services -- Foster care, is to comply with new statute (chapter 183, Laws of 2004) regarding changes to child support collections, including the good cause exemption of the best interest of the child.
Citation of Existing Rules Affected by this Order: Repealing WAC 388-25-0230; and amending WAC 388-25-0225.
Statutory Authority for Adoption: RCW 74.08.090 and 74.20.040.
Other Authority: Chapter 183, Laws of 2004, RCW 74.20.040, 74.13.020.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: Amendments to chapter 388-25 WAC, Child welfare services -- Foster care, are needed due to changes in statute, chapter 183, Laws of 2004, to protect the welfare of children in foster care. Permanent rule making could not be completed in time to meet the statute change effective date of July 1, 2004. A notice to adopt permanent rules on this subject has been filed as WSR 04-08-068.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 3, Amended 1, Repealed 1.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 1, Repealed 1.
Date Adopted: July 13, 2004.
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit3388.3
Cases, if any, in which the division of child
support has determined it)) Pursuing collection would not be
cost effective (( to pursue collection)), including placements
of seventy-two hours or less; or
Cases)) Pursuing collection is exempt by law from
collection action; or
(c) A child with developmental disabilities is voluntarily placed in foster care; or
(d) It is not in the child's best interest to pursue the collection of child support and/or establish paternity.
(2) The children's administration must refer to DCS cases in which the department determines that sufficient good cause exists to not pursue collection. The following constitute good cause for requesting that DCS not pursue collection action on foster care cases referred to DCS:
The department's division of developmental
disabilities (DDD) has determined that the child is
developmentally disabled. DCS still must establish
paternity.)) It is not in the child's best interest; or
(b) The parent or other legally obligated person, or the
parent or other person's child, spouse, or spouse's child was
the victim of the offense for which the child was committed to
the custody of the juvenile rehabilitation administration
(JRA) and the child is being placed directly into foster care
from a JRA facility until this placement episode closes((
(c) Adoption proceedings for the child are pending in
court or the custodial parent is being helped by a private or
public agency to decide if the child will be placed for
(d) The child was conceived as a result of incest or rape
and establishing paternity would not be in the child's best
(e) The juvenile or Tribal court in the dependency
proceeding finds that the parents will be unable to comply
with an agreed reunification plan with the child due to the
financial hardship caused by paying child support. The social
worker also may determine that financial hardship caused by
paying child support will delay or prevent family
(f) The custodial parent and/or the child may be placed
in danger as a result of the presence of or potential for
domestic abuse perpetrated by the ((
other parent or
responsible)) person that the division of child support would
be pursuing for collection action.
[Statutory Authority: RCW 74.13.031. 01-08-047, § 388-25-0225, filed 3/30/01, effective 4/30/01.]
The following section of the Washington Administrative Code is repealed:
|WAC 388-25-0230||Are adoption support cases exempt from referral to the division of child support (DCS) for collection?|