Subject of Possible Rule Making: The division of child support (DCS) intends to amend WAC 388-14A-3903 How does DCS decide whether to petition for modification of a support order?, and other related rules as may be required, in order to implement ESHB 1916, sections 2 and 3, chapter 275, Laws of 2019, which takes effect on July 28, 2019.

At the same time DCS files this preproposal statement of inquiry, DCS is filing a CR-103E, rule-making order, to adopt an emergency amendment of WAC 388-14A-3903; that emergency rule will implement the bill while DCS goes through the regular rule-making process under chapter 34.05 RCW. DCS may make additional changes to the modification criteria that will allow for greater flexibility for child support order modifications; as part of this rule-making process, DCS may amend or repeal existing sections, or may adopt new sections, in chapter 388-14A WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Implementation of ESHB 1916 (chapter 275, Laws of 2019), which takes effect on July 28, 2019, is authorized under RCW 26.09.105, 26.18.170, 34.05.220 (1)(a), 34.05.322, 74.04.055, 74.08.090, 74.20.040(9), and 74.20A.310.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESHB 1916 (chapter 275, Laws of 2019), which takes effect on July 28, 2019, amended RCW 26.09.170 and 74.20A.059 to change the criteria for modification or adjustment of child support orders. This change potentially allows more families to benefit from modification of their child support orders by reducing the requirement that the child support amount change as a result of the review by twenty-five percent to fifteen percent. Another change, adopted due to federal requirements, provides that incarceration of the noncustodial parent in and of itself can serve as a reason for modification review of the child support order at any time, without a showing of a substantial change in circumstances or a fifteen percent change in the order amount. In order to implement ESHB 1916, DCS must amend WAC 388-14A-3903.

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 department of social and health services (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 https://www.dshs.wa.gov/esa/division-child-support 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 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, Mail Stop 45860, Olympia, WA 98507-9162, phone 360-664-6202, fax 360-664-5342, TTY 1-800-833-6384, email nkoptur@dshs.wa.gov or nancy.koptur@dshs.wa.gov.