WSR 22-10-009
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed April 22, 2022, 11:22 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 22-04-106.
Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-422-0020 What if you are afraid that cooperating with the division of child support (DCS) may be dangerous for you or the child in your care?
Hearing Location(s): On June 7, 2022, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington [Street S.E.], Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2; or virtually. Due to the impacts of the COVID-19 pandemic, hearings are being held virtually. Please see the DSHS website for the most current information.
Date of Intended Adoption: Not earlier than June 8, 2022.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by June 7, 2022, 5:00 p.m.
Assistance for Persons with Disabilities: Contact Shelley Tencza, DSHS rules consultant, phone 360-664-6198, fax 360-664-6185, TTY 711 relay service, email tenczsa@dshs.wa.gov [tencza@dshs.wa.gov], by May 24, 2022, 5:00 p.m.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendments will clarify terms related to good cause for noncooperation with the division of child support under the temporary assistance for needy families program.
Reasons Supporting Proposal: See above.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Sarah Garcia, P.O. Box 45470, Olympia, WA 98504-5770, 360-522-2214.
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. This amendment is exempt as allowed under RCW
34.05.328 (5)(b)(vii) which states in part, "[t]his section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents.["]
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: These amendments do not impact small businesses. They only impact DSHS clients.
April 20, 2022
Katherine I. Vasquez
Rules Coordinator
SHS-4916.1
AMENDATORY SECTION(Amending WSR 13-18-005, filed 8/22/13, effective 10/1/13)
WAC 388-422-0020What if you are afraid that cooperating with the division of child support (DCS) may ((be dangerous))cause physical or emotional harm for you or the child in your care?
(1) You can be excused from cooperating with DCS when you have a good reason. A good reason not to cooperate is also called good cause. You have a good reason when you can prove that:
(a) Cooperating with DCS would result in serious:
(i) physical ((or emotional)) harm to you or the child in your care; or
(ii) emotional harm to you or the child in your care.
(b) Establishing paternity or getting support would be harmful to the child who:
(i) Was conceived as a result of incest or rape; or
(ii) Is the subject of legal adoption proceedings pending before a superior court; or
(iii) Is the subject of ongoing discussions between you and a public or licensed child placement agency to decide whether you will keep the child or put the child up for adoption. The discussions cannot have gone on for more than three months.
(2) Once you claim good cause for TANF/SFA, you have ((twenty))20 days to give us the information that proves you have good cause not to cooperate with DCS. This information can include official records, sworn statements, or other information that supports your good cause claim. If you need to, you may ask for:
(a) More time to give proof; or
(b) Help in getting proof.
(3) While we review your good cause claim, DCS does not take any action to establish or enforce support on your case.
(4) You have the right to:
(a) Be told of your right to claim good cause for not cooperating with DCS;
(b) Get benefits while we are deciding your good cause claim, as long as you have given the proof needed to make a decision;
(c) Get a decision within ((thirty))30 days from the date you made your good cause claim, as long as you have given the proof needed to make a decision within ((twenty))20 days; and
(d) Get information about how to request a fair hearing if we deny your good cause claim.
(5) If we approve your good cause claim, we periodically review the claim depending on your circumstances.
(6) To see what DCS does when good cause is approved see WAC 388-14A-2060.