WSR 04-15-082

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed July 14, 2004, 4:02 p.m. , effective July 14, 2004 ]


     

     Purpose: The purpose of the emergency filing of amended and new rules of chapter 388-25 WAC, Child welfare services -- Foster care, is to comply with new statute (chapter 183, Laws of 2004) regarding changes to child support collections, including the good cause exemption of the best interest of the child.

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-25-0230; and amending WAC 388-25-0225.

     Statutory Authority for Adoption: RCW 74.08.090 and 74.20.040.

     Other Authority: Chapter 183, Laws of 2004, RCW 74.20.040, 74.13.020.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: Amendments to chapter 388-25 WAC, Child welfare services -- Foster care, are needed due to changes in statute, chapter 183, Laws of 2004, to protect the welfare of children in foster care. Permanent rule making could not be completed in time to meet the statute change effective date of July 1, 2004. A notice to adopt permanent rules on this subject has been filed as WSR 04-08-068.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 3, Amended 1, Repealed 1.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 1, Repealed 1.

     Date Adopted: July 13, 2004.

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3388.3
AMENDATORY SECTION(Amending WSR 01-08-047, filed 3/30/01, effective 4/30/01)

WAC 388-25-0225   ((What cases must)) Does the department ((refer to the division of)) collect child support (((DCS))) in cases where it participates in the payment of foster care?   (1) ((The DCFS office must refer to the division of child support every foster care placement in which DCFS)) Each case where the department participates in the payment ((for)) of foster care must be referred to the division of child support, except when:

     (a) ((Cases, if any, in which the division of child support has determined it)) Pursuing collection would not be cost effective ((to pursue collection)), including placements of seventy-two hours or less; or

     (b) ((Cases)) Pursuing collection is exempt by law from collection action; or

     (c) A child with developmental disabilities is voluntarily placed in foster care; or

     (d) It is not in the child's best interest to pursue the collection of child support and/or establish paternity.

     (2) The children's administration must refer to DCS cases in which the department determines that sufficient good cause exists to not pursue collection. The following constitute good cause for requesting that DCS not pursue collection action on foster care cases referred to DCS:

     (a) ((The department's division of developmental disabilities (DDD) has determined that the child is developmentally disabled. DCS still must establish paternity.)) It is not in the child's best interest; or

     (b) The parent or other legally obligated person, or the parent or other person's child, spouse, or spouse's child was the victim of the offense for which the child was committed to the custody of the juvenile rehabilitation administration (JRA) and the child is being placed directly into foster care from a JRA facility until this placement episode closes((.)); or

     (c) Adoption proceedings for the child are pending in court or the custodial parent is being helped by a private or public agency to decide if the child will be placed for adoption((.)); or

     (d) The child was conceived as a result of incest or rape and establishing paternity would not be in the child's best interest((.));or

     (e) The juvenile or Tribal court in the dependency proceeding finds that the parents will be unable to comply with an agreed reunification plan with the child due to the financial hardship caused by paying child support. The social worker also may determine that financial hardship caused by paying child support will delay or prevent family reunification((.));

     (f) The custodial parent and/or the child may be placed in danger as a result of the presence of or potential for domestic abuse perpetrated by the ((other parent or responsible)) person that the division of child support would be pursuing for collection action.

[Statutory Authority: RCW 74.13.031. 01-08-047, § 388-25-0225, filed 3/30/01, effective 4/30/01.]


NEW SECTION
WAC 388-25-0226   Who may request a good cause determination?   The department or a parent, including an adoptive parent or legal guardian, may initiate a request for good cause determination at any time.

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NEW SECTION
WAC 388-25-0227   When may a good cause determination be requested?   A request for determination of good cause may be made at any time.

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NEW SECTION
WAC 388-25-0228   When must the division of developmental disabilities not refer parents of a foster child with developmental disabilities to the division of child support for collection action?   The division of developmental disabilities must not refer cases to the division of child support for collection for a foster child with developmental disabilities when the child is eligible for admission to, or has been discharged from a residential habilitation center as defined by RCW 71A.10.020(8), unless the child is placed as a result of an action taken under chapter 13.34 RCW.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-25-0230 Are adoption support cases exempt from referral to the division of child support (DCS) for collection?

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