DEPARTMENT OF HEALTH

[Filed October 3, 2018, 8:18 a.m.]

Preproposal statement of inquiry was filed as WSR 18-12-020.

Title of Rule and Other Identifying Information: WAC 246-490-300 through 246-490-310, establishing parentage on a birth record, and WAC 246-491-990 Vital records fees, the department of health (department) is proposing new rules to chapter 246-490 WAC to include requirements for filing assertions, acknowledgments, denials, and rescissions of parentage; and information to identify the correct subject of a record to process an establishment of parentage court order. The department is proposing amending WAC 246-491-990 to create new fees for filing assertions, acknowledgments, denials, and rescissions of parentage, and clarify existing fees.

Hearing Location(s): On November 7, 2018, at 12:30 p.m., at the Department of Health, Point Plaza East, Room 152/153, 310 Israel Road S.E., Tumwater, WA 98501.

Date of Intended Adoption: November 20, 2018.

Submit Written Comments to: Katitza Holthaus, Department of Health, Center for Health Statistics, P.O. Box 47814, Olympia, WA 98504-7814, email https://fortress.wa.gov/doh/policyreview, fax 360-753-4135, by November 7, 2018.

Assistance for Persons with Disabilities: Contact Thomas Serra, phone 360-236-4328, fax 360-753-4135, TTY 360-833-6388 or 711, email thomas.serra@doh.wa.gov, by November 5, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rule is to formalize the procedure in rule for establishing parentage on birth records through assertions, acknowledgments, denials, and rescissions; supplemental information needed to identify the correct subject of a record to process an establishment of parentage court order; and establish new fees for filing assertions, acknowledgments, denials, and rescissions of parentage, and clarify existing fees.

Reasons Supporting Proposal: In 2018, the Washington state legislature passed SB 6037 (chapters 26.26A and 26.26B RCW) Uniform Parentage Act, which replaced existing chapter 26.26 RCW governing parentage. The statute requires the department to adopt rules necessary to carry out the responsibilities of the law.

Statutory Authority for Adoption: Chapters 26.26A and 26.26B RCW.

Statute Being Implemented: Chapters 26.26A and 26.26B RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting: Katitza Holthaus, 101 Israel Road S.E., Tumwater, WA 98501, 360-236-4311; Implementation: Kristin Reichl, 101 Israel Road S.E., Tumwater, WA 98501, 360-236-4321; and Enforcement: Jean Remsbecker, 101 Israel Road S.E., Tumwater, WA 98501, 360-236-4307.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.

Is exempt under RCW 34.05.328 (5)(c)(iii).

Explanation of exemptions: By definition under RCW 34.05.328 (5)(c)(iii) the proposed rule does not qualify as a significant rule. The proposed rules establish procedures to establish parentage on birth records. WAC 246-491-990 is exempt under RCW 34.05.310 (4)(f).

John Wiesman, DrPH, MPH

ESTABLISHING PARENTAGE ON A BIRTH RECORD

WAC 246-490-300Establishing a presumption of parentage with an assertion of parentage.

(1) When the individual who gave birth and the individual seeking to establish parentage were married after the birth of the child, the individual seeking to establish parentage shall file an assertion with the department to establish a presumption of parentage consistent with RCW 26.26A.115.

(2) If required to establish a presumption of parentage, the individual shall file an assertion prior to filing a voluntary acknowledgment of parentage with the department.

(3) The assertion may only be filed with the department on the forms provided by the department. The form must be completed and sent to the department along with the applicable fees established in WAC 246-491-990.

WAC 246-490-305Establishing parentage with a voluntary acknowledgment of parentage or denial of parentage.

(1) The individual who gave birth and an alleged genetic parent, an intended parent through assisted reproduction, or a presumed parent may use an acknowledgment of parentage that complies with RCW 26.26A.200 through 26.26A.265 to establish parentage. When the completed acknowledgment of parentage form is filed with the department and a denial of parentage is not required, the parent's name will be added to the child's birth record.

(2) If a presumed parent or an alleged genetic parent will not be the parent listed on the child's birth record, the presumed parent or an alleged genetic parent may sign a denial of parentage that complies with RCW 26.26A.200 through 26.26A.265. If the presumed parent or an alleged genetic parent does not sign a denial of parentage, the department shall require a court ordered establishment of parentage to change the birth record. Submission of the court order to the department must comply with the requirements of WAC 246-490-310.

(a) The acknowledgment of parentage and denial of parentage forms are considered completed when both forms are filed with the department.

(b) After both forms are filed, the department will change the child's birth record in accordance with the forms. The individual seeking to establish parentage will be listed as a parent.

(3) An individual who signed an acknowledgment of parentage or denial of parentage form may file a rescission of parentage form on or before sixty days from the time the acknowledgment or denial of parentage forms were filed with the department or the date of the first court proceeding relating to parentage of the child, whichever occurs first. Once a complete rescission that meets the time requirements has been filed with the department, the department will:

(a) Notify the individuals who signed an acknowledgment of parentage or denial of parentage form in writing to the individuals' address listed on the acknowledgment of parentage or denial of parentage form that a rescission was filed with the department. Failure to give the notice does not affect the validity of the rescission; and

(b) Change the child's record to the prior record information before the acknowledgment or denial of parentage form was filed.

(4) After a rescission is filed as described in subsection (3) of this section, a new acknowledgment of parentage form may be filed with the department.

(5) After sixty days, a challenge of parentage requires a court proceeding, consistent with chapter 26.26A RCW.

(6) For the purpose of this section, "witnessed" has the same meaning as RCW 26.26A.010. A person signing the witnessed statement must be at least eighteen years of age and not related by blood or marriage to the individuals who sign an acknowledgment of parentage, denial of parentage, or rescission of parentage form.

(7) An acknowledgment of parentage, denial of parentage, or rescission of parentage form must be completed, signed, witnessed or notarized, and submitted to the department with the applicable fee required by WAC 246-491-990. Incomplete forms will not be filed and will be returned.

(8) To receive a birth certificate reflecting the change, a certificate order form must be sent to the department along with the applicable fee required by RCW 70.58.107.

WAC 246-490-310Court ordered establishment of parentage.

(1) If parentage is established by court order, the court or parents of the child must submit a certified copy of the court order to the department.

(2) The department may require supplemental information to locate and change the child's birth record to comply with a court order that establishes parentage. The parents listed in the court order must provide the supplemental information. The department may request the following information in order to comply with the court order:

(a) Full name of child, as listed on the child's birth record;

(b) Child's date of birth;

(d) Full legal name, date of birth, and place of birth for the individual being added as a parent; and

(e) Any additional information needed to locate the birth record.

(3) If the department cannot locate the child's birth record, the department will not change the record until the parents listed in the court order provide the supplemental information requested by the department.

AMENDATORY SECTION(Amending WSR 91-02-049, filed 12/27/90, effective 1/31/91)

WAC 246-491-990Vital records fees.

The department shall collect nonrefundable fees to cover program costs as follows:

(((1) To prepare a sealed file following amendment of the original vital record	$15.00
(2) To review a sealed file	$15.00

(3) The director of the division))

(1) To prepare a sealed record following an adoption or to search the vital records system for adoption record information.	$15.00
(2) To file an assertion of parentage, an acknowledgment or denial of parentage, or a rescission of parentage.	$18.00
(3) Fee for hospital filed acknowledgments or denials of parentage.	$5.00
(4) To prepare a certificate of birth record information (CBRI) letter or to provide a copy of an assertion of parentage, an acknowledgment or denial of parentage, or a rescission of parentage.	$15.00

(5) The secretary of health may enter into agreements with state and local government agencies to establish alternate fee schedules and payment arrangements for reimbursement of these program costs.