WSR 06-03-026

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 6, 2006, 4:31 p.m. , effective February 6, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The division of child support (DCS) seeks to clarify the rules on which parents' photographs may be posted to the DCS most wanted web site, and to clarify the process to request that a noncustodial parent be posted on the site.

Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-4605.

Statutory Authority for Adoption: RCW 26.23.120(2) and 74.08.090.

Adopted under notice filed as WSR 05-23-079 on November 15, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: December 30, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3601.3
AMENDATORY SECTION(Amending WSR 03-20-072, filed 9/29/03, effective 10/30/03)

WAC 388-14A-4605   Whose picture can go on the division of child support's DCS most wanted internet site?   (1) If the child's custodial parent (CP) requests DCS to post the NCP to the DCS most wanted internet site (also called the "site"), the CP must:

(a) Have an open full support enforcement services case with DCS;

(b) Give written permission to DCS to post the NCP on the site; and

(((b))) (c) Provide a photograph of the NCP.

(2) Only the NCP's photograph appears on the site. If the CP submits a group photograph, DCS edits out everyone except the NCP.

(3) DCS may post an NCP to the site when((:

(a))) the NCP((:

(i))) has made no payments in at least six months (intercepted IRS refunds are not considered to be payments for purposes of this section)((;)) and

(((ii))) owes at least five thousand dollars in back child support((; or

(b))).

(4) DCS may post an NCP to the site when DCS has been unable to locate the NCP after trying other means for at least twelve months, and:

(((i))) (a) There is a valid support order; or

(((ii))) (b) There is a valid paternity affidavit filed for a child on the case, or

(((iii))) (c) The NCP is:

(((A))) (i) The mother of the child(ren) on the case; or

(((B))) (ii) The presumed father under RCW 26.26.320.

(5) If the NCP has more than one open DCS case, all custodial parents must provide written consent to the posting.

[Statutory Authority: RCW 74.08.090, 34.05.310 (4)(d) and 26.23.120(2). 03-20-072, 388-14A-4605, filed 9/29/03, effective 10/30/03. Statutory Authority: RCW 26.23.120(2), 74.08.090. 01-24-083, 388-14A-4605, filed 12/3/01, effective 1/3/02; 01-03-089, 388-14A-4605, filed 1/17/01, effective 2/17/01. Formerly WAC 388-11-325.]