WSR 05-12-135

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 1, 2005, 10:51 a.m. , effective July 2, 2005 ]


Purpose: The Division of Child Support (DCS) is amending WAC 388-14A-8100 to remove subsection (2). Are there special rules for setting child support for children in foster care? 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 the statutory changes from the 2004 legislative session which amended RCW 13.34.160, 14.34.270 [13.34.270], 74.13.031, 74.13.350, and 74.20A.030.

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.

Adopted under notice filed as WSR 05-09-081 on April 19, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: May 26, 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