WSR 11-07-074

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed March 22, 2011, 10:12 a.m. ]

Subject of Possible Rule Making: The division of child support (DCS) proposes to amend WAC 388-14A-4200 to strike subsection (4) because we believe that subsection (4) goes beyond the intent of RCW 26.18.190, the statute which the rule is meant to implement.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 26.18.190, 26.23.035, 74.08.090, and 74.20A.055.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DCS has determined that subsection (4) of the current rule does not allow DCS to give credit to a noncustodial parent for dependent disability payments paid on the NCP's behalf for his or her children unless the payments are made to the custodial payment or the state. RCW 26.18.190 does not contain this limitation.

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 http://www.dshs.wa.gov/dcs/, or on the DSHS economic services administration's policy review web site, which can be found at https://fortress.wa.gov/dshs/f2ws03esaapps/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, e-mail nkoptur@dshs.wa.gov or nancy.koptur@dshs.wa.gov, phone (360) 664-5065, toll-free 1-800-457-6202, fax (360) 664-5342, TTY/TDD (360) 664-5011.

March 17, 2011

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office