WSR 08-22-028

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed October 28, 2008, 2:16 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-06-089.

Title of Rule and Other Identifying Information: The department is adding new sections and/or making amendments to chapter 388-14A WAC. The division of child support (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. The changes to the public assistance assignment and to the distribution of child support collections with which these new and revised rules are concerned were effective October 1, 2008. Emergency rules with an effective date of October 1, 2008, were filed in order to keep the DCS in compliance with the state plan pending enactment of the permanent rules.

Amending WAC 388-14A-1020 What definitions apply to the rules regarding child support enforcement?, 388-14A-2036 What does assigning my rights to support mean?, 388-14A-2037 What are permanently assigned arrears?, 388-14A-2038 What are temporarily assigned arrears?, 388-14A-5000 ((How does the division of child support distribute support payments)) What is the difference between distribution and disbursement of child support collections?, 388-14A-5001 What procedures does DCS follow to distribute support ((payments)) collections?, 388-14A-5002 How does DCS distribute support ((money)) collections in a nonassistance case?, 388-14A-5003 How does DCS distribute ((money)) support collections in an assistance case?, 388-14A-5004 How does DCS distribute ((money)) support collections in a former assistance case?, 388-14A-5005 How does DCS distribute ((intercepted)) federal ((income)) tax refund((s)) offset collections?, 388-14A-5006 How does DCS distribute support ((money)) collections when the paying parent has more than one case?, 388-14A-5010 How does the division of child support ((handle)) distribute ((intercepted)) federal ((income)) tax refund((s)) offset collections from ((a)) joint returns? and 388-14A-5100 ((What kind of distribution notice does the division of child support send)) How does the division of child support notify the custodial parent about support collections?; and new sections WAC 388-14A-2039 What are conditionally assigned arrears? and 388-14A-5015 What is a pass-through payment?

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (behind Goodyear Courtesy Tire) (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 December 23, 2008, at 10:00 a.m.

Date of Intended Adoption: Not earlier than December 24, 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 DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by noon on December 23, 2008.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by December 9, 2008, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: DCS is adopting new and amended sections of chapter 388-14A WAC to implement state legislation that implements the federal Deficit Reduction Act of 2005 (DRA). These new and amended WAC sections will implement RCW 26.23.035 and 74.20.330. These statutes will affect the public assistance assignment and the rules concerning the distribution of child support collections. These changes took effect on October 1, 2008. The overall effect of these rules will be to direct more money to families.

Reasons Supporting Proposal: Efficiency and clarity.

Statutory Authority for Adoption: Sections 2 and 6, chapter 143, Laws of 2007.

Statute Being Implemented: RCW 26.23.035 and 74.20.330.

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: Onika Garvin, DCS HQ, P.O. Box 9162, Olympia, WA 98507-9162, (360) 664-5230.

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).

October 27, 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 08-23 issue of the Register.

Washington State Code Reviser's Office