WSR 08-06-089

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 5, 2008, 8:47 a.m. ]

Subject of Possible Rule Making: The division of child support (DCS) is amending and creating new sections in chapter 388-14A WAC. DCS is adopting new and amended sections to implement state legislation which implements the federal Deficit Reduction Act of 2005. The state law was signed by the governor on April 20, 2007, as chapter 143, Laws of 2007, with an effective date of July 22, 2007.

Certain changes to the public assistance assignment and to the distribution of child support collections will take effect October 1, 2008.

Statutes Authorizing the Agency to Adopt Rules on this Subject: DCS rule-making authority is in sections 1, 2, 3, 4, 5, 7, 8 and 9, chapter 143, Laws of 2007.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The federal Deficit Reduction Act of 2005 (DRA) made changes in the child support enforcement program under Title IV-D of the Social Security Act, in particular changing the nature of the public assistance assignment, and changing how child support collections are distributed. DCS must adopt and amend rules to comply with the state law changes under the DRA.

Process for Developing New Rule: DCS engages in modified collaborative rule making. Those persons wishing to participate in developing the new rules are encouraged to contact Nancy Koptur at the DSHS DCS headquarters as soon as possible. DCS will post information regarding this rule development project and others on its web site, which can be found at www.wa.gov/dshs/dcs or on the DSHS economic services administration's policy review web site, which can be found at http://www1.dshs.wa.gov/esa/extpolicy/. DSHS/DCS encourages the public to take part in developing the rules. After the rules are drafted, DSHS will file a copy with the office of the code reviser with a notice of proposed rule making, and will send a copy to everyone currently on the mailing list and to anyone else who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Nancy Koptur, DCS Rules Coordinator, Division of Child Support, P.O. Box 9162, Mailstop 45860, Olympia, WA 98507-9162, phone (360) 664-5065, e-mail nkoptur@dshs.wa.gov, toll-free 1-800-457-6202, fax (360) 664-5342, TTY/TDD (360) 664-5011.

March 5, 2008

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office