Original Notice.

Preproposal statement of inquiry was filed as WSR 99-09-003.

Title of Rule: Termination of support enforcement services; case closure. Amending WAC 388-14-420 Once a support enforcement case is opened, under what circumstances can it be closed? New WAC 388-14-421 Under what circumstances may DCS deny a request to close a support enforcement case? New WAC 388-14-422 Who is mailed notice of DCS' intent to close a case? New WAC 388-14-423 What if I don't agree with the case closure notice? and new WAC 388-14-424 What happens to payments that come in after a case is closed?

Purpose: Reviewed and revised the case closure rules because (1) federal regulation 45 C.F.R. 303.11 was amended and (2) reviewed under Governor's Executive Order 97-02 for clarity.

Statutory Authority for Adoption: RCW 26.23.035, 34.05.220, 74.20A.310.

Statute Being Implemented: RCW 26.23.035, 34.05.220, 74.20A.310.

Summary: These rules set forth the requirements for closing a case once the Division of Child Support (DCS) has been providing support enforcement services. The rule provides who can request closure, who receives notice of closure, and who can object to case closure, and incorporate changes in the federal regulations dealing with case closure.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS Rules Coordinator, P.O. Box 9162, Olympia, WA 98507, (360) 664-5065.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: These rules set forth the requirements for closing a case once DCS has provided support enforcement services, explain who can request closure, who gets notice of closure, and who can object to closure.

Proposal Changes the Following Existing Rules: Prior version was one rule, WAC 388-14-420. This rule has been revised and clarified as well as split into WAC 388-14-420 and new sections WAC 388-14-421, 388-14-422, 388-14-423, and 388-14-424.

No small business economic impact statement has been prepared under RCW 19.85. This change does not meet the requirements for a small business economic impact statement because it does not affect small businesses.

RCW 34.05.328 does not apply to this rule adoption. This rule is not a significant legislative rule. It deals with case management and procedures.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on September 21, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by September 10, 1999, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6187, by September 21, 1999.

Date of Intended Adoption: September 22, 1999.

August 4, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

(((1) After the IV-D agency begins providing services under RCW 74.20 and RCW 26.23.045 (1)(a), (b), (c), (e), or (f), the IV-D agency may terminate services when:

(a) There is no current support order and the support debt is less than five hundred dollars or cannot be enforced under the laws of the state of Washington;

(b) The IV-D agency determines that the responsible parent or putative father is dead and has no available assets, income, or estate subject to collection action;

(c) The IV-D agency determines that the responsible parent does not have any available assets, income, or estate subject to collection action, and is and will be unable to pay support because the parent is:

(i) Institutionalized in a psychiatric facility;

(ii) Incarcerated without possibility of parole; or

(iii) Medically verified as totally and permanently disabled with no evidence of support potential.

(d) The applicant, agency, or person receiving nonassistance services submits a written request to terminate services, and no current assignment to the state of medical support rights exists.  If there is accrued debt under a support order that is assigned to the state:

(i) That portion of the case shall remain open; and

(ii) The IV-D agency may close the nonassistance portion of the case.

(e) The IV-D agency makes reasonable efforts to identify or locate the responsible parent, using local, state, and federal locate sources over a three-year period and does not find new locate information;

(f) The IV-D agency is unable to contact a nonassistance physical custodian within a thirty-day period using both a telephone call and one or more registered letters;

(g) The IV-D agency documents:

(i) Instances of the physical custodian's failure or refusal to cooperate with the IV-D agency; and

(ii) That the physical custodian's cooperation is essential for the next step in providing support enforcement services;

(h) The IV-D agency cannot obtain a paternity order because:

(i) The putative father is dead;

(ii) A genetic test has excluded all known putative fathers and no other putative father can be identified;

(iii) The child is eighteen years of age or older; or

(iv) The department, a court of competent jurisdiction, or an adjudicative proceeding determines that paternity establishment would not be in the best interest of the child in a case involving:

(A) Incest;

(B) Rape; or

(C) Pending adoption.

(i) The department or a court of competent jurisdiction finds the person receiving services has wrongfully deprived the responsible parent of physical custody of a dependent child under WAC 388-11-065(3);

(j) The department or a court of competent jurisdiction finds that action establishing or enforcing a support obligation cannot proceed without risk of harm to the child or the child's custodian;

(k) The IV-D agency has provided locate-only services in response to a request for state parent locator services;

(l) The responsible parent is a citizen of, and lives in, a foreign country and:

(i) Does not have any assets which can be reached by the IV-D agency; and

(ii) Washington state has been unable to establish reciprocity in child support matters with that country; or

(m) The dependent child is confined to a juvenile rehabilitation facility for a period of ninety day or more; or

(n) Any other circumstances exist which would allow closure under 45 CFR 303.11 or any other federal statute or regulation.

(2) After the IV-D agency provides services under RCW 26.23.045 (1)(d), the IV-D agency shall:

(a) Terminate support enforcement services;

(i) If a court of competent jurisdiction orders the IV-D agency to terminate services based on:

(A) An approved alternate payment plan under RCW 26.23.050; or

(B) A finding that it is not in the child's best interest for the IV-D agency to continue providing services.

(ii) After filing a satisfaction of judgment with the court as provided under WAC 388-14-205; or

(iii) If the responsible parent is dead and the IV-D agency receives proof there is no available estate.

(b) Terminate services, except records maintenance and payment processing:

(i) For the reasons stated under subsections (1)(c), (d), (e), (f), (g), (j), (k), (l), or (m) of this section; or

(ii) If the payee under the order fails to submit an application for support enforcement services.

(3) Sixty days before terminating services, the IV-D agency shall mail a notice to the physical custodian.  The IV-D agency shall:

(a) Send the notice by regular mail to the last known address of the physical custodian;

(b) Include in the notice the reasons for terminating services; and

(c) State in the notice that the physical custodian may ask for a hearing to contest the decision terminating services.

(4) After terminating support enforcement services, the IV-D agency shall return support money the IV-D agency receives to the payor except as provided under subsection (2)(b) of this section)) Once the division of child support (DCS) starts providing support enforcement services under RCW 26.23.045 and RCW 74.20, the case must remain open, unless DCS determines that:

(1) There is no current support order, and the support debt owed by the noncustodial parent (NCP) is less than five hundred dollars, or cannot be enforced under Washington law;

(2) The NCP or putative (alleged) father is dead with no assets, income or estate available for collection;

(3) The NCP has no assets or income available for collection and is not able to provide support during the child’s minority because of being:

(a) Institutionalized in a psychiatric facility;

(b) Incarcerated without possibility of parole; or

(c) Medically verified as totally and permanently disabled with no evidence of ability to provide support.

(4) The applicant, agency or recipient of nonassistance services submits a written request for closure, and there is no current assignment of medical or support rights;

(5) DCS has enough information to use an automated locate system, and has not been able to locate the NCP after three years of diligent efforts;

(6) DCS does not have enough information to use an automated locate system, and has not been able to locate the NCP after one year of diligent efforts;

(7) DCS is unable to contact the applicant, agency or recipient of services for at least sixty days;

(8) DCS documents failure to cooperate by the physical custodian or the initiating jurisdiction, and that cooperation is essential for the next step in enforcement;

(9) DCS cannot obtain a paternity order because:

(a) The putative father is dead;

(b) Genetic testing has excluded all putative fathers;

(c) The child is at least eighteen years old;

(d) DCS, a court of competent jurisdiction or an administrative hearing determines that establishing paternity would not be in the best interests of the child in a case involving incest, rape, or pending adoption; or

(e) The biological father is unknown and cannot be identified after diligent efforts, including at least one interview by DCS or its representative with the recipient of support enforcement services.

(10) DCS, a court of competent jurisdiction or an administrative hearing determines that the recipient of services has wrongfully deprived the noncustodial parent of physical custody of the child as provided in WAC 388-11-065(3);

(11) DCS, the department of social and health services, a court of competent jurisdiction or an administrative hearing determines that action to establish or enforce a support obligation cannot occur without a risk of harm to the child or the physical custodian;

(12) DCS has provided locate-only services in response to a request for state parent locator services (SPLS);

(13) The NCP is a citizen and resident of a foreign country, and:

(a) NCP has no assets which can be reached by DCS; and

(b) The country where NCP resides does not provide reciprocity in child support matters.

(14) The child is incarcerated or confined to a juvenile rehabilitation facility for a period of ninety days or more; or

(15) Any other circumstances exist which would allow closure under 45 CFR 303.11 or any other federal statute or regulation.

[Statutory Authority: RCW 34.05.220(1), RCW 74.08.090, RCW 74.20A.310 and RCW 26.23.035.  97-13-092, § 388-14-420, filed 6/18/97, effective 7/19/97.  Statutory Authority: RCW 74.08.090, 45 CFR RCW 303.11 and 45 CFR RCW 303.100.  93-05-020 (Order 3512), § 388-14-420, filed 2/10/93, effective 3/13/93.  Statutory Authority: RCW 74.08.090.  90-16-041 (Order 3043), § 388-14-420, filed 7/24/90, effective 8/24/90; 88-07-012 (Order 2606), § 388-14-420, filed 3/4/88.]

(1) The division of child support (DCS) may deny a request to close a support enforcement case when:

(a) There is a current assignment of support or medical rights on behalf of the children in the case;

(b) There is accrued debt under a support order which has been assigned to the state;

(c) Support or medical rights on behalf of the children have previously been assigned to the state;

(d) The person who requests closure is not the recipient of support enforcement services; or

(e) A superior court order requires payments to the Washington state support registry (WSSR).

(2) If there is no current assignment of support or medical rights, DCS may close the portion of the case which is owed to the physical custodian, but if there is accrued debt under a support order which has been assigned to the state, DCS keeps that portion of the case open.

(3) If a superior court order specifies that the noncustodial parent (NCP) must make payments to the WSSR, but the physical custodian does not want support enforcement services, DCS keeps the case open as a payment services only (PSO) case, which means that:

(a) DCS provides payment processing and records maintenance, and

(b) DCS does not provide enforcement services.

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(1) Sixty days before closing a case the division of child support (DCS) sends a notice of intent to close, advising the parties why DCS is closing the case.

(a) DCS does not send a notice when closing a case under WAC 388-14-420 (11) or (12).

(b) DCS does not provide sixty days’ prior notice when closing a case under WAC 388-14-420(4).

(2) DCS mails a notice by regular mail to the last known address of the physical custodian and the noncustodial parent.

(3) In an interstate case, DCS mails the notice to the physical custodian by regular mail in care of the other state's child support agency.

(4) If DCS is closing an interstate case because of noncooperation by the initiating jurisdiction, DCS also mails the notice to the other state's child support agency.

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(1) Only the person who applied for support enforcement services, also known as the recipient of services, may request a hearing to challenge closure of a case.

(2) If the recipient of services requests a hearing, the other party may participate in the hearing.

(3) The closure of a child support case does not stop the physical custodian or noncustodial parent from filing an application for support enforcement services in the future, but the reason for closure may affect whether the division of child support will open a new case.

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After support enforcement services are terminated, DCS returns support money to the noncustodial parent except if the case remains open as a payment services only (PSO) case as described in WAC 388-14-421(4).

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