Purpose: The purpose of the emergency filing of amended, new and repealed rules of chapter 388-25 WAC, Child welfare services -- Foster care, is to comply with new statute (chapter 183, Laws of 2004) regarding changes to child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. Permanent rule making could not be completed in time to meet the statutory effective date of July 1, 2004. This notice continues emergency rules filed as WSR 04-15-082. A notice to adopt permanent rules on this subject has been filed as WSR 04-08-068. Progress is moving forward on the development of permanent rules. A stakeholder meeting was held on November 2, 2004, to discuss final draft language.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 5, Amended 1, Repealed 1.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 5, Amended 1, Repealed 1.

     Date Adopted: November 4, 2004.

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (a) Cases, if any, in which the division of child support has determined it)) Each case where the department participates in the payment of foster care must be referred to the division of child support, except when:

     (1) Pursuing collection would not be cost effective ((to pursue collection)), including placements of seventy-two hours or less; ((or

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

     (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.

     (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.

     (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.

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

     (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))

     (2) Pursuing collection is exempt by law; or

     (3) A child with developmental disabilities is eligible for admission to or 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.

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

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     (1) It is not in the child's best interest;

     (2) 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;

     (3) 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;

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

     (5) 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; or

     (6) 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 person that the division of child support would be pursuing for collection action.

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     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?

© Washington State Code Reviser's Office