Subject of Possible Rule Making: New sections and/or amendments in chapter 388-14A WAC, intended as technical corrections to the rules adopted under WSR 11-22-116 which took effect on December 3, 2011. Those rules were adopted to implement changes in the federal regulations concerning establishing and enforcing intergovernmental child support obligations.

     The federal Office of Child Support Enforcement (OCSE) requested that the division of child support (DCS) make these changes as a condition of approving the state plan under Title IV-D of the federal Social Security Act. Failure to do this would jeopardize funding for the child support program and the TANF block grant.

     These technical corrections are mainly to change references to "interstate cases" to "intergovernmental cases." DCS does not anticipate making any significant policy changes in this rule-making process, but such changes may be necessary in order to amend chapter 388-14A WAC to comply with 45 C.F.R. Parts 301.1, 302.36, 303.7, 303.11, 305.63 and 308.2.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: 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.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DCS must adopt rules to implement federal regulations as part of its state plan under Title IV-D of the federal Social Security Act. Failure to adopt such 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. OCSE has requested that certain corrections be made in order for the state plan to be approved.

     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, 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.

August 7, 2012

Katherine I. Vasquez

Rules Coordinator

Rules and Policies Assistance Unit