WSR 08-07-045

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed March 14, 2008, 8:48 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-10-116.

Title of Rule and Other Identifying Information: The department of social and health services (DSHS), division of child support (DCS) is adopting new sections and/or amendments in chapter 388-14A WAC to implement state legislation, which implements the federal Deficit Reduction Act of 2005, and to clarify DCS procedure and policy around the establishment and enforcement of child support obligations. See Reviser's note below.

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. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on May 27, 2008, at 10:00 a.m.

Date of Intended Adoption: Not earlier than May 28, 2008.

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 schilse@dshs.wa.gov, fax (360) 664-6185, by 5 p.m., May 27, 2008.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by May 20, 2008,

TTY (360) 664-6178 or (360) 664-6097 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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. DCS must adopt and amend rules to comply with the state law changes under the DRA. DCS adopted emergency rules under WSR 07-16-023 with an effective date of July 22, 2007, and then filed a second emergency rule under WSR 07-23-058 (effective November 16, 2007) to carry through the regular rule-making process. Due to extensive stakeholder work, DCS is filing a third emergency rule to be effective March 16, 2008.

Reasons Supporting Proposal: The department is adopting new sections and/or amendments in chapter 388-14A WAC to implement state legislation, which implements the federal Deficit Reduction Act of 2005, and to clarify DCS procedure and policy around the establishment and enforcement of child support obligations.

Statutory Authority for Adoption: DCS rule-making authority is found in sections 1, 2, 3, 4, 5, 7, 8, and 9, chapter 143, Laws of 2007.

Statute Being Implemented: Chapter 143, Laws of 2007.

Rule is necessary because of federal law, Deficit Reduction Act -- Public Law 109-171.

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/DCS rules relating to the care of dependent children are exempt from preparing further analysis under RCW 34.05.328 (5)(b)(vii).

March 12, 2008

Stephanie E. Schiller

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 08-09 issue of the Register.

Washington State Code Reviser's Office