WSR 11-07-013

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 8, 2011, 9:09 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-14-075 and 09-10-046.

Title of Rule and Other Identifying Information: The division of child support (DCS) proposes to adopt changes to chapter 388-14A WAC to implement statutory changes contained in two major bills from the 2009 legislative session: (1) SHB 1845 (chapter 476, Laws of 2009) regarding medical support obligations in child support orders; and (2) ESHB 1794 (chapter 84, Laws of 2009), which makes changes to chapter 26.19 RCW, the Washington state child support schedule, based on the recommendations of the 2007 child support schedule workgroup which was convened under 2SHB 1009 (chapter 313, Laws of 2007). This rule making includes new sections and/or amendments to existing sections to clarify, streamline or otherwise increase the efficiency and cost-effectiveness of DCS processes. DCS encourages interested parties to read these proposed rules carefully, as they differ from the emergency rules in several respects. Current emergency rules have been filed as WSR 11-06-034 effective February 26, 2011.

Amending WAC 388-14A-1020 What definitions apply to the rules regarding child support enforcement?, 388-14A-2035 Do I assign my rights to support when I receive public assistance?, 388-14A-2036 What does assigning my rights to support mean?, 388-14A-3100 How does the division of child support establish a child support obligation when there is no child support order?, 388-14A-3115 The notice and finding of financial responsibility is used to set child support when paternity is not an issue, 388-14A-3120 The notice and finding of parental responsibility is used to set child support when the father's duty of support is based upon an affidavit of paternity which is not a conclusive presumption of paternity, 388-14A-3125 DCS may establish ((The notice and finding of medical responsibility is used to set)) a medical support obligation when the custodial parent receiving medical assistance declines full child support enforcement services, 388-14A-3140 What can happen at a hearing on a support establishment notice?, 388-14A-3200 How does DCS determine my support obligation?, 388-14A-3205 How does DCS calculate my income?, 388-14A-3300 How does the division of child support require me to make my support payments to the Washington state support registry when my support order says to pay someone else?, 388-14A-3310 What notice does the division of child support serve((s a notice of support owed)) to establish a fixed dollar amount under an existing child support order((.))?, 388-14A-3312 The division of child support serves a notice of support owed ((for unreimbursed medical expenses)) to establish a fixed dollar amount owed ((under a child support order)) by either parent for medical support, 388-14A-3315 When DCS serves a notice of support debt ((or)), notice of support owed ((or)), notice of support owed for ((unreimbursed)) medical ((expenses)) support, we notify the other party to the child support order, 388-14A-3317 ((What is an annual review of a support order under RCW 26.23.110)) What happens if a parent makes a timely request for hearing on a notice of support owed?, 388-14A-3318 ((What is an annual review of a notice of support owed under WAC 388-14A-3312)) What happens if a parent makes an untimely request for hearing on a notice of support owed?, 388-14A-3320 What happens at a hearing on a notice of support owed?, 388-14A-3400 Are there limitations on how much of my income is available for child support?, 388-14A-4100 How does the division of child support enforce my obligation to provide health insurance for my children?, 388-14A-4110 If my support order requires me to provide ((health insurance)) medical support for my children, what do I have to do?, 388-14A-4112 When does the division of child support enforce a custodial parent's obligation to provide ((health insurance coverage)) medical support?, 388-14A-4115 Can my support order reduce my support obligation if I pay for health insurance?, 388-14A-4120 DCS uses the National Medical Support Notice to enforce an obligation to provide health insurance coverage, 388-14A-4165 What happens when a noncustodial parent does not earn enough to pay child support plus the health insurance premium?, 388-14A-4175 ((Is an employer)) Who is required to notify the division of child support when insurance coverage for the children ends?, 388-14A-4180 When must the division of child support communicate with the DSHS ((health and recovery services)) medicaid purchasing administration?, 388-14A-5007 If the paying parent has more than one case, can DCS apply support money to only one specific case?, 388-14A-6300 Duty of the administrative law judge in a hearing to determine the amount of a support obligation, and 388-14A-8130 How does DCS complete the WSCSS worksheets when setting a joint child support obligation ((when the parents of)) for a child in foster care ((are married and residing together))?; and new sections WAC 388-14A-3127 How does DCS ask to add a monthly financial obligation to an existing administrative order for medical support only?, 388-14A-3302 How does the division of child support decide what notice to serve when there is already an existing order for child support?, 388-14A-3311 How does DCS prepare a notice of support owed to determine amounts owed to establish a fixed dollar amount under an existing child support order?, 388-14A-3316 When can a notice of support owed become a final order?, 388-14A-3323 What happens in a hearing on a notice of support owed served under WAC 388-14A-3311?, 388-14A-3324 What happens in a hearing on a notice of support owed served under WAC 388-14A-3312?, 388-14A-3330 What are the procedures for the annual review of a notice of support owed?, 388-14A-3410 What amount does DCS use for the self-support reserve?, 388-14A-4111 When may DCS decline a request to enforce a medical support obligation?, 388-14A-4800 When does a child support order contain an undifferentiated amount of child support?, 388-14A-4810 How does DCS determine if a support order contains a differentiated or undifferentiated amount of support?, 388-14A-4820 What can I do if I don't agree with DCS' decision on whether my support order contains a differentiated or undifferentiated amount of support?, and 388-14A-4830 How does DCS divide support obligations between two or more cases when a support order does not contain a differentiated amount of support?

Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on May 10, 2011, at 10:00 a.m.

Date of Intended Adoption: Not sooner than May 11, 2011.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on May 10, 2011.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 26, 2011, 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: SHB 1845 and ESHB 1794 both impact the establishment of child support obligations, and so DCS determined that it was necessary to adopt just one set of rules which covers both bills instead of two separate rule-making projects. These bills made significant changes to the child support laws of the state of Washington, with ESHB 1794 making the first major changes to the Washington state child support schedule in almost twenty years. This rule making includes new sections and/or amendments to existing sections to clarify, streamline or otherwise increase the efficiency and cost-effectiveness of DCS processes. For a list of section numbers and titles, see above. Current emergency rules have been filed as WSR 11-06-034 effective February 26, 2011.

Reasons Supporting Proposal: Implements legislation (SHB 1845 and ESHB 1794) and adopts new sections and/or amendments to existing sections to clarify, streamline or otherwise increase efficiency and cost-effectiveness.

Statutory Authority for Adoption: RCW 26.09.105(17), 26.18.170(19), 26.23.050(8), 26.23.110(14), 34.05.020, 34.05.060, 34.05.220, 74.08.090, 74.20.040, 74.20A.055(9), and 74.20A.056(11).

Statute Being Implemented: RCW 26.09.105(17), 26.18.170(19), 26.23.050(8), 26.23.110(14), 74.20A.055(9), and 74.20A.056(11).

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

March 7, 2011

Katherine I. Vasquez

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 11-08 issue of the Register.

Washington State Code Reviser's Office