WSR 04-23-037

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 9, 2004, 3:48 p.m. ]

Subject of Possible Rule Making: The Division of Child Support (DCS) is amending WAC 388-14A-8100 to remove subsection (2), dealing with the enforcement of support obligations for children with developmental disabilities who are in foster care. Changes to this rule are necessary because of amendments to RCW 13.34.160, 14.34.270 [13.34.270], 74.13.031, 74.13.350, and 74.20A.030 in the 2004 legislative session (chapter 183, Laws of 2004).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 13.34.160(3), 13.34.270(7), 74.13.031(11), 74.13.350, 74.20A.030(4), and 74.20A.310.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Under prior statutes, DCS was prohibited from enforcing child support obligations for children with developmental disabilities when the children were in foster care. Statutory changes now allow for enforcement of support obligations for those children under certain circumstances. DCS must remove the blanket statement in its rules to allow us to comply with the statutory changes from the 2004 legislative session.

Children's Administration has adopted emergency rules and is amending WAC 388-25-0225 to determine when referrals to DCS will be made in these cases. DCS and Children's Administration are working together to clarify the rules.

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.

November 8, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 

Register

Washington State Code Reviser's Office