WSR 05-09-081



(Economic Services Administration)

[ Filed April 19, 2005, 3:50 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-23-037.

Title of Rule and Other Identifying Information: Amendment of WAC 388-14A-8100 to remove subsection (2), Are there special rules for setting child support for children in foster care?

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on May 24, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than May 25, 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, fax (360) 664-6185, by 5:00 p.m., May 24, 2005.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by May 20, 2005, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Under prior statutes, the Division of Child Support (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 the statutory changes from the 2004 legislative session (chapter 183, Laws of 2004) which amended RCW 13.34.160, 14.34.270, 74.13.031, 74.13.350, and 74.20A.030.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 74.08.090, 74.13.350, and 74.20A.310.

Statute Being Implemented: RCW 13.34.160, 13.34.270, 74.13.031, 74.13.350, and 74.20A.030.

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

Name of Proponent: Department of Social and Health Services, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation and Enforcement: Nancy Koptur, DCS HQ, P.O. Box 9162, Olympia, WA 98507-9162, (360) 664-5065.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not have an economic impact on small businesses. It only affects individuals who have support obligations or individuals who are owed child support.

A cost-benefit analysis is not required under RCW 34.05.328. The rule does meet the definition of a significant legislative rule but DSHS/DCS is exempt from preparing further analysis under RCW 34.05.328 (5)(b)(vii).

April 12, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

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