PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Financial Services Administration)
Date of Adoption: February 6, 2004.
Purpose: Amending WAC 388-720-0020 that is used to determine the amounts owed by parents and other responsible parties, for the cost of support, treatment, and confinement of juveniles in custody.
Citation of Existing Rules Affected by this Order: Amending WAC 388-720-0020.
Statutory Authority for Adoption: RCW 13.40.220.
Adopted under notice filed as WSR 03-23-020 on November 10, 2003.
Changes Other than Editing from Proposed to Adopted Version: Replaced the term "AFDC" with the term "TANF." In 1996 the federal government replaced AFDC (aid to families with dependent children) with TANF (temporary assistance to needy families). This change makes the new WAC consistent with federal terminology.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
February 6, 2004
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
3322.2
| Monthly Gross Income | Percentage of Gross Income Ordered for Reimbursement of Costs Number of Parents and Dependents Remaining in Household |
|||||||||
|
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8+ | ||
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |||
| $601 | - | 1000 | 8% | 6% | 4% | 2% | 0 | 0 | 0 | 0 |
| $1001 | - | 2000 | 12% | 10% | 8% | 6% | 4% | 2% | 0 | 0 |
| $2001 | - | 3000 | 16% | 14% | 12% | 10% | 8% | 6% | 4% | 2% |
| $3001 | - | 4000+ | 18% | 16% | 14% | 12% | 10% | 8% | 6% | 4% |
(2) If a parent or legally obligated person fails to timely provide a financial statement, the reimbursement obligation shall be twenty-three hundred dollars per month.
(3) If the juvenile's parents or other legally obligated person reside in separate households, each parent shall be liable for reimbursement.
(4) The gross income of a parent shall be reduced by the amount the parent pays in spousal maintenance to the juvenile's parent, which is gross income to the receiving parent. The gross income of a parent or other legally obligated person shall be reduced by the amount of current child support paid for any child, including the juvenile offender. This credit shall be available when the support is paid to any section of the department or to any other person legally entitled to receive those support payments, pursuant to court order or administrative order for a child the parent did not claim as a dependent under the reimbursement schedule.
(5) Reimbursement may not exceed the cost of care as determined by the department.
(6) The reimbursement obligation commences the day the juvenile enters the custody of the department, regardless of when the notice and finding of financial responsibility is received by the parent. A monthly reimbursement obligation shall be reduced on a pro rata basis for any days in which the juvenile was not in the custody of the department.
(7) The parent or other legally obligated person of the juvenile shall be exempt from the payment of the cost of the juvenile's care in the state facility if the parent or other legally obligated person receives adoption support or is eligible to receive adoption support for the juvenile offender; or if the parent, or other legally obligated person, or such person's child, spouse, or spouse's child, was the victim of the offense for which the juvenile was committed to the department.
[Statutory Authority: RCW 13.40.220. 00-22-019, recodified as § 388-720-0020, filed 10/20/00, effective 11/20/00; 96-24-075, § 275-47-020, filed 12/2/96, effective 1/2/97; 94-15-009 (Order 3752), § 275-47-020, filed 7/8/94, effective 8/8/94.]