WSR 11-11-092

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 18, 2011, 9:06 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-07-081.

Title of Rule and Other Identifying Information: Amendments to WAC 388-14A-5015 and 388-14A-5100 in order to implement SSB 6893 (61st legislature 2010, 2nd sp. sess.), which amended RCW 26.23.035(5) by suspending the child support pass-through as of May 1, 2011.

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 June 21, 2011, at 10:00 a.m.

Date of Intended Adoption: Not earlier than June 22, 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 June 21, 2011.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by June 7, 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: The division of child support (DCS) is amending sections in chapter 388-14A WAC, to implement SSB 6893 (61st legislature 2010, 2nd sp. sess.), which amended RCW 26.23.035(5) by suspending the child support pass-through as of May 1, 2011. DCS adopted emergency rules under WSR 11-10-025 to meet the effective date of the statute, and continues with the regular rule-making process and will adopt final rules as soon as possible.

Reasons Supporting Proposal: For budgetary reasons, the legislature adopted SSB 6893 (61st legislature 2010, 2nd sp. sess.) suspending the child support pass-through as of May 1, 2011.

Statutory Authority for Adoption: RCW 26.23.035, 74.08.090.

Statute Being Implemented: RCW 26.23.035.

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).

May 13, 2011

Katherine I. Vasquez

Rules Coordinator

4288.1
AMENDATORY SECTION(Amending WSR 09-02-059, filed 1/5/09, effective 1/27/09)

WAC 388-14A-5015   What is a pass-through payment?   (1) Between October 1, 2008 and April 30, 2011, the division of child support (DCS) passed through a portion of child support collections to a family receiving TANF.

(2) A pass-through payment ((is)) was the portion of a support collection applied to assigned support that the state ((elects)) elected to pay to a family ((currently)) receiving TANF at the time the collection was received. The pass-through payment ((is)) was paid in the following amounts:

(a) Up to one hundred dollars per month to a family with one child in the assistance unit.

(b) Up to two hundred dollars per month to a family with two or more children in the assistance unit.

(((2))) (3) The pass-through ((is)) was paid from collections ((which are)) distributed to either current support or assigned arrears.

(((3))) (4) The pass-through amount ((can never)) for any month could not exceed the amount collected in ((the)) that month.

[Statutory Authority: 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, and 74.20A.310. 09-02-059, 388-14A-5015, filed 1/5/09, effective 1/27/09.]


AMENDATORY SECTION(Amending WSR 09-02-059, filed 1/5/09, effective 1/27/09)

WAC 388-14A-5100   How does the division of child support notify the custodial parent about support collections?   (1) The division of child support (DCS) mails a distribution and disbursement statement once each month to the last known address of a person for whom it received a support collection during the month, except as provided under subsection (6) of this section.

(2) DCS includes the following information in the distribution and disbursement statement:

(a) The amount of support collections DCS received and the date of collection;

(b) A description of how DCS distributed each support collection between current support and the support debt and any fees required by state or federal law;

(c) The amount DCS claims as reimbursement for public assistance paid, if applicable;

(d) The amount kept by the state to repay public assistance paid to the family;

(e) The amount disbursed to the family as a pass-through payment under WAC 388-14A-5015 for collections received between October 1, 2008 and April 30, 2011;

(f) The amount disbursed to the family as a payment on support owed to the family;

(g) The amount kept by the state to pay the twenty-five dollar annual fee, if applicable; and

(h) The amount kept by the state to repay child support paid to the family in error.

(3) The person to whom a distribution and disbursement statement is sent may file a request for a hearing under subsection (4) of this section within ninety days of the date of the statement to contest how DCS distributed the support collections, and must make specific objections to the statement. The effective date of a hearing request is the date DCS receives the request.

(4) A hearing under this section is for the limited purpose of determining if DCS correctly distributed the support money described in the contested statement.

(a) There is no hearing right regarding fees that have been charged on a case.

(b) If a custodial parent (CP) wants to request a hardship waiver of the fee, the CP may request a conference board under WAC 388-14A-6400.

(5) A person who requests a late hearing must show good cause for being late.

(6) This section does not require DCS to send a distribution and disbursement statement to a recipient of payment services only.

[Statutory Authority: 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, and 74.20A.310. 09-02-059, 388-14A-5100, filed 1/5/09, effective 1/27/09. Statutory Authority: 2007 c 143, 1, 2, 3, 4, 5, 7, 8, and 9. 08-12-029, 388-14A-5100, filed 5/29/08, effective 7/1/08. Statutory Authority: RCW 74.08.090, 26.23.035, 74.20A.057, 74.20A.310. 01-03-089, 388-14A-5100, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-270 and 388-14-274.]

Washington State Code Reviser's Office