WSR 12-13-002

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 6, 2012, 1:09 p.m. , effective June 7, 2012 ]


Effective Date of Rule: June 7, 2012.

Purpose: The division of child support (DCS) is repealing three sections and adopting new sections and/or amendments in chapter 388-14A WAC to implement section 5 of SSB 6386 (chapter 253, Laws of 2012) and the technical amendments contained in HB 2828 (chapter 4, Laws of 2012). Both bills have an effective date of June 7, 2012.

Families applying for a child care subsidy on or after June 7, 2012, will not be required to apply for DCS services as a condition of eligibility. DCS will be unable to complete the regular adoption process by the effective date of these bills. DCS is adopting these emergency rules, but at the same time is commencing the regular rule-making process by filing a CR-101 Preproposal statement of inquiry, and will adopt the final rules as soon as possible.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-14A-2007, 388-14A-2042, and 388-14A-2093; and amending WAC 388-14A-2040, 388-14A-2045, 388-14A-2050, and 388-14A-2075.

Statutory Authority for Adoption: Section 5 of SSB 6386 (chapter 253, Laws of 2012) and HB 2828 (chapter 4, Laws of 2012); RCW 34.05.350 (1)(b), 43.20A.550, 74.04.055, 74.08.090, 74.20.040.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Section 5 of SSB 6386 (chapter 253, Laws of 2012) and the technical amendments contained in HB 2828 (chapter 4, Laws of 2012) repeal the provisions included in sections 9,10, and 11 of ESSB 5921 (chapter 42, Laws of 2011) which made application to DCS for child support enforcement services a condition of eligibility for a child care subsidy. This requirement is terminated effective June 7, 2012. Families applying for a child care subsidy on or after June 7, 2012, will not be required to apply for DCS services as a condition of eligibility.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 3.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 0, Amended 4, Repealed 3.

Date Adopted: May 17, 2012.

Katherine I. Vasquez

Rules Coordinator

4359.2
AMENDATORY SECTION(Amending WSR 11-23-087, filed 11/17/11, effective 12/18/11)

WAC 388-14A-2040   Do I have to cooperate with the division of child support in establishing or enforcing child support?   (1) You must cooperate with the division of child support (DCS) when you receive public assistance unless the department determines there is good cause not to cooperate under WAC 388-422-0020.

(2) ((You must cooperate with the division of child support (DCS) when you receive a child care subsidy, unless the department determines there is good cause not to cooperate under WAC 388-422-0020 or another rule of the department of early learning (DEL).

(3))) As described in WAC 388-14A-2080, DCS may close a nonassistance case if the custodial parent (CP) fails to cooperate, if cooperation is essential for the next step in enforcement.

(((4))) (3) For purposes of this section and WAC 388-14A-2075, cooperating with DCS includes cooperating with those acting on behalf of DCS (its "representatives"), namely the prosecuting attorney, the attorney general, or a private attorney paid per RCW 74.20.350. In cases where paternity is at issue, the custodial parent (CP) of a child who receives assistance must cooperate whether or not the parent receives assistance.

(((5))) (4) Cooperation means giving information, attending interviews, attending hearings, or taking actions to help DCS establish and collect child support. This information and assistance is necessary for DCS to:

(a) Identify and locate the responsible parent;

(b) Establish the paternity of the child(ren) on assistance in the CP's care; and

(c) Establish or collect support payments or resources such as property due the CP or the child(ren).

(((6))) (5) The CP must also cooperate by sending to DCS any child support received by the CP while on assistance, as required by RCW 74.20A.275 (3)(c). If the client keeps these payments, known as retained support, the CP must sign an agreement to repay under RCW 74.20A.275, and the CP must honor that agreement.

(((7))) (6) The cooperation requirements of subsections (1), (3) and (4) ((and (5))) above, but not subsection (((6))) (5), apply to a recipient of medicaid-only assistance.

(((8) The cooperation requirements of subsections (2), (4) and (5) above, but not subsection (6), apply to a recipient of a child care subsidy.))

[Statutory Authority: RCW 34.05.020, 34.05.220, 74.08.090, 74.20.040, and 2011 c 42. 11-23-087, 388-14A-2040, filed 11/17/11, effective 12/18/11. Statutory Authority: RCW 74.20A.310, 45 C.F.R. 302.31 and 302.33. 06-03-120, 388-14A-2040, filed 1/17/06, effective 2/17/06. Statutory Authority: RCW 74.08.090, 34.05.310 (4)(d), 26.23.035, 74.20A.310. 03-20-072, 388-14A-2040, filed 9/29/03, effective 10/30/03. Statutory Authority: RCW 74.08.090, 26.23.035, 74.20A.310. 01-03-089, 388-14A-2040, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-201.]


AMENDATORY SECTION(Amending WSR 11-23-087, filed 11/17/11, effective 12/18/11)

WAC 388-14A-2045   What can I do if I am afraid that cooperating with the division of child support will be harmful to me or to my children?   (1) If a custodial parent (CP) receiving public assistance fears that the establishment or enforcement of support may result in harm to the CP or the children, the CP may be excused from the cooperation requirements. The CP must contact the community services division (CSD) to claim good cause not to cooperate under WAC 388-422-0020. The CP may claim good cause:

(a) At the time of application for public assistance; or

(b) At any time thereafter.

(2) If a CP who is not receiving public assistance fears that the establishment or enforcement of support may result in harm to the CP or the children, the CP should tell the division of child support (DCS) that family violence is an issue in the case, so that DCS may take appropriate action. The CP may ask DCS to close the nonassistance support enforcement case.

(((3) If a CP who receives a child care subsidy but does not receive public assistance claims good cause not to comply with the requirement to seek support enforcement services, the department of early learning (DEL) or CSD may grant good cause, either under WAC 388-422-0020 or under DEL rules.

(a) If the CP does not claim good cause at the time the child care subsidy is granted, the CP may later claim good cause by contacting CSD.

(b) If the CP requests DCS to close a nonassistance case, DCS notifies CSD that the case has been closed. The CP may claim good cause if CSD takes action to sanction the CP for closing the DCS case.))

[Statutory Authority: RCW 34.05.020, 34.05.220, 74.08.090, 74.20.040, and 2011 c 42. 11-23-087, 388-14A-2045, filed 11/17/11, effective 12/18/11. Statutory Authority: RCW 74.08.090. 01-03-089, 388-14A-2045, filed 1/17/01, effective 2/17/01.]


AMENDATORY SECTION(Amending WSR 11-23-087, filed 11/17/11, effective 12/18/11)

WAC 388-14A-2050   Who decides if I have good cause not to cooperate?   (1) The community services division (CSD) decides whether you have good cause not to cooperate with the division of child support (DCS). You must tell CSD if you want to claim good cause.

(a) CSD determines good cause under WAC 388-422-0020 ((or under the rules adopted by the department of early learning (DEL))).

(b) You may claim good cause at the time you apply for public assistance ((or for a child care subsidy)), or at any time thereafter.

(2) When you make a claim of good cause not to cooperate, DCS does not take any action on your case while CSD is reviewing your good cause claim.

(((3) If you are not receiving public assistance but are applying for a child care subsidy, you may be granted good cause and not be required to apply for child support enforcement services.))

[Statutory Authority: RCW 34.05.020, 34.05.220, 74.08.090, 74.20.040, and 2011 c 42. 11-23-087, 388-14A-2050, filed 11/17/11, effective 12/18/11. Statutory Authority: RCW 74.08.090. 01-03-089, 388-14A-2050, filed 1/17/01, effective 2/17/01.]


AMENDATORY SECTION(Amending WSR 11-23-087, filed 11/17/11, effective 12/18/11)

WAC 388-14A-2075   What happens if the division of child support determines that I am not cooperating?   (1) When the division of child support (DCS) or its representatives believe that a custodial parent (CP) who receives cash assistance or medical assistance is not cooperating as defined in WAC 388-14A-2040, DCS sends a notice to the CP and to the community services division (CSD) about the noncooperation.

(a) The notice contains the following information:

(i) How the noncooperation was determined, including what actions were required;

(ii) What actions the CP must take to resume cooperation;

(iii) That this notice was sent to CSD;

(iv) That the CP may contact CSD immediately if the CP disagrees with the notice, needs help in order to cooperate, or believes the actions required are unreasonable; and

(v) That CSD may sanction the CP by either reducing or terminating the grant.

(b) CSD sends a notice of planned action to the CP as provided by WAC 388-472-0005 (1)(i).

(c) Either the notice of alleged noncooperation or CSD's notice of planned action may serve as the basis for a sanction.

(d) If the noncooperation was due to missing an interview without reasonable excuse, the CP will be considered to be cooperating when the CP appears for a rescheduled interview and either provides information or attests to the lack of information. DCS or its representative must reschedule the interview within seven business days from the date the CP contacts them to reschedule an interview.

(e) If the noncooperation was due to not taking a required action, cooperation resumes when the CP takes that action.

(2) There is no hearing right for a notice of noncooperation, but the CP may request a hearing on the sanction imposed by CSD.

(3) ((When DCS or its representatives believe that a CP who does not receive public assistance but does receive a child care subsidy is not cooperating, and that cooperation is essential for the next step in establishment or enforcement, DCS sends a notice of case closure to the CP.

(a) The notice of case closure contains the following information:

(i) That DCS cannot take the next step in establishment or enforcement because of the CP's failure to cooperate;

(ii) What actions the CP must take to resume cooperation;

(iii) The DCS will notify CSD of case closure;

(iv) That DCS may close the nonassistance case if the CP does not cooperate within sixty days; and

(v) That CSD may sanction the CP. Any sanctions for failure to cooperate are determined by CSD.

(4))) If the CP takes the actions required to resume cooperation within sixty days, DCS leaves the case open and continues to establish or enforce the support obligation.

(((5))) (4) The CP may request a hearing to contest case closure, as described in WAC 388-14A-2095.

(((6) If DCS closes the case due to noncooperation, a CP who does not receive public assistance but does receive a child care subsidy may request a hearing on the sanction imposed by CSD.))

[Statutory Authority: RCW 34.05.020, 34.05.220, 74.08.090, 74.20.040, and 2011 c 42. 11-23-087, 388-14A-2075, filed 11/17/11, effective 12/18/11. Statutory Authority: RCW 74.08.090, 34.05.310 (4)(d), 26.23.035, 74.20A.310. 03-20-072, 388-14A-2075, filed 9/29/03, effective 10/30/03. Statutory Authority: RCW 74.08.090, 26.23.035, 74.20A.310. 01-03-089, 388-14A-2075, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-202.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 388-14A-2007 Does an application for subsidized child care automatically become an application for support enforcement services?
WAC 388-14A-2042 What happens if I don't cooperate with DCS while I receive a child care subsidy?
WAC 388-14A-2093 Who receives notice of DCS' intent to close a case when the custodial parent receives a child care subsidy?

Washington State Code Reviser's Office