WSR 05-03-082

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed January 17, 2005, 1:03 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-08-068.

Title of Rule and Other Identifying Information: Chapter 388-25 WAC, Child welfare services -- Foster care, child support good cause rules. The proposed new, amended and repealed WAC sections are proposed to comply with changes adopted under chapter 183, Laws of 2004, specifically to RCW 74.20A.030 (1)(4).

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on February 22, 2005, at 10:00 a.m.

Date of Intended Adoption: Not before February 23, 2005.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., February 22, 2005.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by February 17, 2005, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The changes to the child support good cause rules under chapter 388-25 WAC, Child welfare services -- Foster care, are being proposed due [to] changes in RCW 74.13.031(11) and 74.20A.030 (1)(4). The proposed rules allow for the collection of child support and establishment of paternity for a foster child with a developmental disability. The good cause exemptions are amended to reflect these changes.

The anticipated effects are that some parents of foster children with a developmental disability will be assessed for child support and/or the establishment of paternity.

Reasons Supporting Proposal: Changes are needed due to additions and amendments in statute, chapter 183, Laws of 2004, that were effective July 1, 2004. When adopted as permanent, the proposed rules will replace the emergency rules adopted November 9, 2004, as WSR 04-23-038.

Statutory Authority for Adoption: RCW 74.08.090 and 74.20.040.

Statute Being Implemented: RCW 74.13.031(11) and 74.20A.030 (1)(4).

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

Name of Proponent: Department of Social and Health Services, Children's Administration, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Jean L. Croisant, P.O. Box 45710, Olympia, WA 98504-5710, (360) 902-7992; and Enforcement: CA/Division of Field Operations, P.O. Box 45700, Olympia, WA 98504-5700.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The new and amended rules do not create costs for businesses or are exempt under RCW 34.05.310 (4)(c).

A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules are exempt under RCW 34.05.328 (5)(b)(iii) and (vii). WAC 388-25-0225(3), subsection is materially the same as the change in chapter 183, Laws of 2004, amending RCW 74.20A.030(4) with regard to the liability for the care of dependents. Other rules in this proposal are related to liability for care of dependents.

January 12, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

3388.6
AMENDATORY SECTION(Amending WSR 01-08-047, filed 3/30/01, effective 4/30/01)

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

(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) 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) 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.]


NEW SECTION
WAC 388-25-0226   Does children's administration refer foster care cases to the division of child support where good cause exists?   The children's administration must refer to the division of child support foster care cases in which sufficient good cause exists to not pursue collection or establish support or paternity.

[]


NEW SECTION
WAC 388-25-0227   What constitutes good cause for not pursuing the collection or establishment of child support or paternity?   Children's administration uses the following criteria to determine whether sufficient good cause exists for requesting that DCS not pursue collection or establish child support or paternity on foster care cases:

(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.

[]


NEW SECTION
WAC 388-25-0228   Does the division of child support pursue collection or establish child support or paternity on cases in which good cause has been determined?   If children's administration determines that there is good cause the division of child support does not pursue collection or establish support or paternity on a foster care case.

[]


NEW SECTION
WAC 388-25-0229   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.

[]


NEW SECTION
WAC 388-25-0231   When may a good cause determination be requested?   A request for determination of good cause may be made at any time.

[]


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?

Washington State Code Reviser's Office