WSR 05-06-091

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed March 1, 2005, 4:22 p.m. , effective April 1, 2005 ]


Purpose: The purpose of the rule making is to amend, adopt new, and repeal rules in chapter 388-25 WAC, Child welfare services -- Foster care, to comply with statute changes (chapter 183, Laws of 2004) regarding changes to child support collections. Included is the good cause exemption for the best interest of the child. These rules replace the emergency rules expiring March 9, 2005.

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 chapter 183, Laws of 2004.

Other Authority: RCW 74.20.040 and 74.13.020.

Adopted under notice filed as WSR 05-03-082 on January 17, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 5, Amended 1, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 5, Amended 1, Repealed 1.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: February 23, 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