WSR 05-07-034

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 9, 2005, 4:15 p.m. , effective March 9, 2005 ]


Purpose: The Division of Child Support (DCS) is amending WAC 388-14A-8100, to remove subsection (2), dealing with the enforcement of support obligations for children with developmental disabilities who are in foster care. Changes to this rule are necessary because of amendments to RCW 13.34.160, 13.34.270, 74.13.031, 74.13.350, and 74.20A.030 in the 2004 legislative session (chapter 183, Laws of 2004). Under prior statutes, DCS was prohibited from enforcing child support obligations for children with developmental disabilities when the children were in foster care. Statutory changes now allow for enforcement of support obligations for those children under certain circumstances. DCS must remove the blanket statement in its rules to allow us to comply with these changes. DCS continues the regular rule-making process and anticipates filing the CR-102 proposed rule notice soon. A notice of intent to adopt the permanent rule was filed as WSR 04-23-037, and the department is actively taking steps to complete permanent rule-making process.

Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-8100.

Statutory Authority for Adoption: RCW 13.34.160(3), 13.34.270(7), 74.08.090, 74.13.031(11), 74.13.350, 74.20A.030(4), and 74.20A.310.

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: Under prior statutes, DCS was prohibited from enforcing child support obligations for children with developmental disabilities when the children were in foster care. In an effort to provide clear statements of policy for the public, WAC 388-14A-8100(2), therefore stated that "DCS does not enforce or establish support obligations for children in foster care who have been certified as eligible for DDD services." Since statutory changes now allow for enforcement of support obligations for those children under certain circumstances, DCS must remove the blanket statement in its rules or else we cannot establish or enforce these support obligations. Enforcement of support obligations for these children serves the public interest and legislative intent of having all parents be responsible for the care and support of their children; failure of DCS to establish or enforce support as required by statute may result in a violation of the state plan under Title IV-D of the federal Social Security Act, which could jeopardize the funding of the state's child support enforcement program.

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 1, 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 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 0, Amended 1, Repealed 0.

Date Adopted: March 7, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3484.1
AMENDATORY SECTION(Amending WSR 01-03-089, filed 1/17/01, effective 2/17/01)

WAC 388-14A-8100   Are there special rules for setting child support for children in foster care?   (((1))) Child support obligations for children in foster care are set under chapter 26.19 RCW, just like any other support obligation.

(((2) The division of child support does not establish or enforce support obligations for children in foster care who have been certified as eligible for DDD services.))

[Statutory Authority: RCW 74.08.090. 01-03-089, 388-14A-8100, filed 1/17/01, effective 2/17/01.]

Washington State Code Reviser's Office