WSR 04-19-130

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 21, 2004, 4:13 p.m. ]

Subject of Possible Rule Making: The Division of Child Support (DCS) is amending WAC 388-14A-3350 and other related rules dealing with how far back in time a nonassistance claim for child support can go. Current rule states that DCS starts the claim as of the date that DCS receives the application for nonassistance services, but DCS is considering changing this for cases referred by other child support agencies (another state or an Indian tribe) so that the start date is the date the custodial parent applied to the other agency. DCS may adopt other new rules as required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.08.090 and 74.20A.055.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Traditionally, DCS has started a claim for child support as of the date DCS received the nonassistance application for services. This approach works fine for a case where the custodial parent (CP) applies directly to DCS for child support services. However, DCS believes that this rule works a hardship on the CP where the CP applies to another child support agency (another state, country or Indian tribe), and the CP must wait for the other agency to refer the case to DCS for support establishment. DCS believes it is appropriate to start the nonassistance claim as of the date the CP applied for services, not as of the date DCS receives an application filed with another agency.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

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, Olympia, WA 98507-9162, phone (360) 664-5065, e-mail nkoptur@dshs.wa.gov, toll-free 1-800-457-6202, fax (360) 664-5055, TTY/TDD (360) 664-5011.

September 21, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 

Register

Washington State Code Reviser's Office