WSR 09-02-059

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed January 5, 2009, 11:12 a.m. , effective January 27, 2009 ]


Effective Date of Rule: January 27, 2009.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The division of child support (DCS) adopted emergency rules under WSR 08-20-082, with an effective date of October 1, 2008. The emergency filing will expire on January 27, 2009. Waiting at least thirty-one days after the filing of the CR-103, Rule-making order, will mean that a second emergency filing would be necessary so that there is no lapse in rules. DCS must have these rules in effect under RCW 26.23.035 and 74.20.330 (which implement the federal Deficit Reduction Act of 2005) in order to remain in compliance with its state plan under Title IV-D of the federal Social Security Act or risk loss of federal funding for noncompliance. It would be duplicative and wasteful of resources to adopt a second emergency rule for a period of less than ten days when grounds exist to shorten the time for the rule-making order.

Purpose: The department is adding new sections and/or making amendments to 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. 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?

Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-1020, 388-14A-2036, 388-14A-2037, 388-14A-2038, 388-14A-5000, 388-14A-5001, 388-14A-5002, 388-14A-5003, 388-14A-5004, 388-14A-5005, 388-14A-5006, 388-14A-5010, and 388-14A-5100.

Statutory Authority for Adoption: RCW 26.18.170, 26.23.035, 26.23.050, [26.23.]110, 74.20.040, 74.20A.030, [74.20A.]055, [74.20A.]056.

Other Authority: RCW 74.20A.310.

Adopted under notice filed as WSR 08-22-028 on October 28, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 2, Amended 13, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, 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 2, Amended 13, Repealed 0.

Date Adopted: December 31, 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 09-03 issue of the Register.

Washington State Code Reviser's Office