WSR 11-18-098

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed September 7, 2011, 10:08 a.m. ]

Supplemental Notice to WSR 11-13-108.

Preproposal statement of inquiry was filed as WSR 11-09-030.

Title of Rule and Other Identifying Information: Division of child support (DCS) proposes to adopt new sections and amend other sections in chapter 388-14A WAC to implement changes in the federal regulations concerning establishing and enforcing intergovernmental child support obligations. Note: This supplemental notice makes significant changes to the rules proposed under WSR 11-13-108.

New sections WAC 388-14A-2081 Under what circumstances can DCS close a case when the application for services was made directly to DCS? and 388-14A-2083 Under what circumstances can DCS close an intergovernmental case, otherwise known as a case where the application for services was originally made to another state, tribe, territory or country?; and amending WAC 388-14A-2080 Once DCS opens a support enforcement case, under what circumstances can it be closed?, 388-14A-2085 Under what circumstances may DCS ((deny)) keep a support enforcement case open despite a request to close ((a support enforcement case)) it?, 388-14A-2090 Who ((is mailed)) receives notice ((of DCS' intent to close)) when DCS closes a case?, 388-14A-2097 What happens to payments that come in after a case is closed?, 388-14A-2160 ((If my information is confidential, can)) On what authority does DCS ((report me to)) share my confidential information with a credit bureau?, 388-14A-3130 What happens if a ((parent)) party makes a timely request for hearing on a support establishment notice?, 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-3304 The division of child support may serve a notice of support debt and demand for payment when it is enforcing a support order issued in Washington state, a foreign court order or a foreign administrative order for support, 388-14A-3305 What can I do if I disagree with a notice of support debt and demand for payment?, 388-14A-3306 Does a notice of support debt and demand for payment result in a final determination of support arrears?, 388-14A-3307 How does the division of child support proceed when there are multiple child support orders for the same obligor and children?, 388-14A-3310 What notice does the division of child support serve to establish a fixed dollar amount under an existing child support order?, 388-14A-7100 The division of child support may register an order from another state for enforcement or modification, 388-14A-7110 The division of child support may ((assess and collect)) enforce interest on amounts owed under support orders entered or established in a jurisdiction other than Washington state, 388-14A-7115 Are there special rules for a hearing on a notice seeking to ((assess and collect)) enforce interest on a support order?, 388-14A-7120 When does DCS update the interest ((assessed)) on a case for enforcement?, 388-14A-7305 How ((do I)) does a party, IV-D agency or jurisdiction ask ((DCS to do)) for a determination of controlling order?, 388-14A-7325 How does DCS notify the parties ((of its)) that a determination of the controlling order ((has been)) is going to be made?, and 388-14A-7335 What happens if someone objects to ((DCS' proposed)) a notice of support debt and registration which contains a determination of the presumed controlling order?

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 October 25, 2011, at 10:00 a.m.

Date of Intended Adoption: Not earlier than October 26, 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 October 25, 2011.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by October 11, 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: New sections and amended other sections in chapter 388-14A WAC to implement changes in the federal regulations concerning establishing and enforcing intergovernmental child support obligations.

For a list of section numbers and titles, see above.

Reasons Supporting Proposal: As part of its state plan under Title IV-D of the federal Social Security Act, DCS must adopt rules to implement changes in the Code [of] Federal Regulations regarding intergovernmental establishment and enforcement of child support obligations. Failure to adopt the rules could lead to a violation of the state plan requirements, which would jeopardize funding for the child support program and the TANF block grant. The federal rules being implemented in this rule-making order are 45 C.F.R. Parts 301.1, 302.36, 303.7, 303.11, 305.63, and 308.2.

Note: After the initial notice of proposed rule making was filed, DCS determined that additional changes in chapter 388-14A WAC were necessary to implement the federal rules. This supplemental notice makes significant changes to the rules proposed under WSR 11-13-108.

Statutory Authority for Adoption: RCW 26.23.120, 34.05.350 (1)(b), 43.20A.550, 74.04.055, 74.08.090, 74.20.040(9), 74.20A.310.

Statute Being Implemented: RCW 74.20A.310.

Rule is necessary because of federal law, 45 C.F.R. Parts 301.1, 302.36, 303.7, 303.11, 305.63, and 308.2.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS Headquarters, 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).

August 29, 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 11-19 issue of the Register.

Washington State Code Reviser's Office