SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Child Support)
Preproposal statement of inquiry was filed as WSR 12-17-091.
Title of Rule and Other Identifying Information: Division of child support (DCS) proposes to adopt new sections and amended sections 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.
AMENDED SECTIONS: WAC 388-14A-1020 What definitions apply to
the rules regarding child support enforcement?, 388-14A-1025
What are the responsibilities of the division of child
support?, 388-14A-1030 What kinds of services can the division
of child support provide?, 388-14A-1036 Who can request DCS
locate services?, 388-14A-1050 The division of child support
cooperates with tribes and other states and ((
countries for support enforcement purposes, 388-14A-1055 Can
the division of child support collect support owed or assigned
to another state, tribe or country?, 388-14A-2000 Who can
receive child support enforcement services from the division
of child support?, 388-14A-2010 Can I apply for support
enforcement services if I do not receive public assistance?,
388-14A-2015 Does DCS accept an application from someone who
is not a resident of Washington state?, 388-14A-3350 Are there
any limits on how much back support the division of child
support can seek to establish?, 388-14A-3370 What legal
defenses are available to a noncustodial parent when DCS seeks
to enforce a support obligation?, 388-14A-3800 Once a support
order is entered, can it be changed?, 388-14A-3810 Once an
administrative child support order is entered, how long does
the support obligation last?, 388-14A-3900 Does DCS review my
support order to see if it should be modified?, 388-14A-3901
Under what circumstances does DCS review a support order for
modification?, 388-14A-3925 Who can ask to modify an
administrative support order?, 388-14A-7100 The division of
child support may register an order from a tribe or another
state or country for enforcement or modification, 388-14A-7110
The division of child support may 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
enforce interest on a support order?, 388-14A-7120 When does
DCS update the interest on an intergovernmental case for
enforcement?, 388-14A-7400 What can I do if I want to contest
an (( interstate)) intergovernmental order to withhold income
served on my employer?, 388-14A-7500 What can I do if I am
concerned about the release of my personal information in an
(( interstate)) intergovernmental referral?, and 388-14A-8300
Who pays for genetic testing when paternity is an issue?
NEW SECTIONS: WAC 388-14A-7600 Does DCS provide the same services in an intergovernmental case as it provides in a case where both parties reside in the state of Washington?, 388-14A-7610 The division of child support complies with federal requirements regarding intergovernmental cases, 388-14A-7620 How does DCS provide information to another jurisdiction in an intergovernmental case?, 388-14A-7630 What limited services does DCS provide?, 388-14A-7640 Payment and recovery of costs in intergovernmental IV-D cases, 388-14A-7650 What kind of federal audit requirements are there for intergovernmental cases?, 388-14A-7700 How does the division of child support (DCS) decide that a new case is an intergovernmental case?, 388-14A-7710 What does the division of child support (DCS) do when it decides that a case is an intergovernmental case?, 388-14A-7720 What is the division of child support (DCS) required to do when Washington is the initiating jurisdiction in an intergovernmental case?, 388-14A-7800 What is the division of child support (DCS) required to do when Washington receives a request for intergovernmental child support services?, 388-14A-7810 What is the division of child support (DCS) required to do when DCS receives a request for a determination of controlling order?, and 388-14A-7820 What is the division of child support (DCS) required to do when DCS acts as the responding jurisdiction in an intergovernmental case?
Hearing Location(s): Office Building 2, Lookout Room, 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 December 11, 2012, at 10:00 a.m.
Date of Intended Adoption: Not earlier than December 12, 2012.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on December 11, 2012.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by November 27, 2012, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at firstname.lastname@example.org.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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 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. For a list of section numbers and titles, see above.
Reasons Supporting Proposal: 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.
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 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).
October 5, 2012
Katherine I. Vasquez
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 12-22 issue of the Register.