WSR 05-23-079

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 15, 2005, 4:25 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-19-119.

     Title of Rule and Other Identifying Information: The Division of Child Support (DCS) is amending WAC 388-14A-4605 Whose picture can go on the division of child support's DCS most wanted internet site?

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on December 27, 2005, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than December 28, 2005.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. December 27, 2005.

     Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by December 23, 2005, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: DCS seeks to clarify that the custodial parent must have an open child support case in order to request that DCS post the noncustodial parent's picture to the most wanted web site.

     Reasons Supporting Proposal: Clarification of process is based on customer feedback, customer service.

     Statutory Authority for Adoption: RCW 26.23.120(2) and 74.08.090.

     Statute Being Implemented: RCW 26.23.120(2) and chapter 74.20A RCW.

     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, 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 rules relating to liability for care of dependents are exempt from preparing a further analysis under RCW 34.05.328 (5)(b)(vii).

November 14, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

3601.3
AMENDATORY SECTION(Amending WSR 03-20-072, filed 9/29/03, effective 10/30/03)

WAC 388-14A-4605   Whose picture can go on the division of child support's DCS most wanted internet site?   (1) If the child's custodial parent (CP) requests DCS to post the NCP to the DCS most wanted internet site (also called the "site"), the CP must:

     (a) Have an open full support enforcement services case with DCS;

     (b) Give written permission to DCS to post the NCP on the site; and

     (((b))) (c) Provide a photograph of the NCP.

     (2) Only the NCP's photograph appears on the site. If the CP submits a group photograph, DCS edits out everyone except the NCP.

     (3) DCS may post an NCP to the site when((:

     (a))) the NCP((:

     (i))) has made no payments in at least six months (intercepted IRS refunds are not considered to be payments for purposes of this section)((;)) and

     (((ii))) owes at least five thousand dollars in back child support((; or

     (b))).

     (4) DCS may post an NCP to the site when DCS has been unable to locate the NCP after trying other means for at least twelve months, and:

     (((i))) (a) There is a valid support order; or

     (((ii))) (b) There is a valid paternity affidavit filed for a child on the case, or

     (((iii))) (c) The NCP is:

     (((A))) (i) The mother of the child(ren) on the case; or

     (((B))) (ii) The presumed father under RCW 26.26.320.

     (5) If the NCP has more than one open DCS case, all custodial parents must provide written consent to the posting.

[Statutory Authority: RCW 74.08.090, 34.05.310 (4)(d) and 26.23.120(2). 03-20-072, § 388-14A-4605, filed 9/29/03, effective 10/30/03. Statutory Authority: RCW 26.23.120(2), 74.08.090. 01-24-083, § 388-14A-4605, filed 12/3/01, effective 1/3/02; 01-03-089, § 388-14A-4605, filed 1/17/01, effective 2/17/01. Formerly WAC 388-11-325.]