BP BHEAD INT S

AN ACT Relating to child support enforcement; amending RCW 26.09.160 and 67.70.255; adding a new section to chapter 26.09 RCW; adding a new section to chapter 26.26 RCW; adding a new section to chapter 49.52 RCW; adding new sections to chapter 26.18 RCW; adding a new chapter to Title 26 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. In furtherance of the public policy of the state that dependent children be maintained, as completely as possible, from the resources of their parents and to ensure the expeditious, efficient, and effective administration of the state's child support enforcement program under chapter 26.18 RCW, the department shall operate an administrative process for the establishment, enforcement, and modification of child support orders and the establishment of paternity.

The secretary shall establish a child support hearings unit for the purpose of conducting hearings and rendering decisions under this chapter. The unit must be under the supervision of an individual of suitable education and experience.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Court" means the superior court.

(2) "Department" means the department of social and health services.

(3) "Secretary" means the secretary of social and health services.

NEW SECTION. Sec. 3. The secretary may establish, modify, enforce, suspend, and terminate child support obligations and establish paternity under this chapter, in accordance with the laws of the state, in cases for which the department has responsibility under this title, including cases seeking to enforce the subrogation or assignment rights of the department, and cases brought on behalf of an individual who is not a recipient of public assistance, but who has filed an application for the services. The department has concurrent jurisdiction with the courts, over actions for child support or establishment of paternity under this title and actions to amend, correct, or supplement a birth certificate. However, the department has jurisdiction only of cases for which it has responsibility and has no jurisdiction of custody or visitation matters.

NEW SECTION. Sec. 4. Hearing officers must be attorneys authorized to practice law in the state who have expertise in the area of family law. Hearing officers shall apply the procedural and substantive law of the state for resolution of child support matters, except as otherwise provided in this chapter, and may:

(1) Take testimony and proofs under oath with reference to any matter within the administrative authority of the department of social and health services;

(2) Issue subpoenas and summons, require the attendance and testimony of witnesses and the production of books, papers, records, and other data;

(3) Enforce the subpoenas and summons in accordance with rules, sanctions, fines, and penalties established under this chapter or adopted by the secretary;

(4) Conduct hearings;

(5) Establish records of hearings;

(6) Evaluate testimony and other evidence received at hearings;

(7) Make specific findings of fact and conclusions of law;

(8) Issue orders requiring parties to submit to blood and genetic marker tests;

(9) Issue temporary or final child support orders;

(10) Establish child support arrears and restitution;

(11) Issue orders requiring payment of support by wage assignment in accordance with this title, whether current support, child support arrears, or restitution;

(12) Attribute income based on factors, including but not limited to age, education, experience, employment history, earnings potential, and lifestyle;

(13) Issue temporary child support orders in paternity cases upon receipt of blood and genetic marker test results indicating that there is at least a ninety-seven percent probability that the defendant is the father of the child for whom support is sought;

(14) Issue orders adjudicating paternity upon receipt of voluntary acknowledgements of parentage and amend, correct, or supplement birth certificates in a manner consistent with the acknowledgments;

(15) Issue orders requiring obligors to provide health care coverage for the benefit of their dependent children;

(16) Modify child support orders;

(17) Issue orders to establish paternity or to establish, modify, or enforce child support orders, upon a showing of a prima facie case by the department when the defendant, after proper notice, fails to appear;

(18) Conduct hearings and issue orders to resolve administrative appeals brought by this obligor or the obligee relating to any enforcement action taken by the department;

(19) Certify and transmit cases to other states under this title;

(20) Receive cases from other states and, in accordance with this title, provide these cases with services comparable to the services provided for cases in which both parties reside within the state;

(21) Register administrative orders with the probate and family court, in accordance with section 9 of this act;

(22) Refer contempt proceedings to the probate and family court; and

(23) Prepare records of adjudicatory proceedings for judicial review and file them with the probate and family court upon request for judicial review by any party, including the department.

For purposes of administering the child support enforcement program under this chapter, "obligee" and "obligor" have the meanings contained in RCW 26.18.020.

NEW SECTION. Sec. 5. The department may issue a notice of hearing and finding of financial responsibility to an obligor, after an assignment of support rights is made to the department or an application for child support enforcement services is submitted to the department by an individual who is not a recipient of public assistance, or a written request for establishment, enforcement, or modification of a support obligation is received from the state agency responsible for administering the child support enforcement program of another state.

NEW SECTION. Sec. 6. Notice of hearing, finding of financial responsibility, and, if applicable, allegation of paternity shall be served on the obligor, not less than twenty days before the date of the hearing and copies shall be sent to the obligee by first class mail. Service to a defendant may be made in any of the following ways:

(1) By delivering a copy of the notice to a defendant personally;

(2) By leaving a copy of the notice at the last and usual place of abode of a defendant and by mailing a copy of the notice to a defendant by first class mail;

(3) By mailing or leaving a copy of the notice in a sealed envelope addressed to a defendant, marked "confidential" at the office or place of employment of a defendant with instructions to the employer that the employer shall immediately deliver the envelope to the defendant without examining its contents and that the employer is subject to a penalty of twenty-five dollars per violation for failure to deliver the envelope in accordance with the instructions;

(4) By mailing a copy of the notice to the last and usual place of abode of a defendant by certified mail, return receipt requested, and also by separate first class mail. Service is sufficient, although the certified mail is unclaimed or refused by a defendant, if the notice sent by first class mail is not returned as undelivered; or

(5) By leaving a copy of the notice at a defendant's last and usual place of abode by means of a private courier or delivery service.

Service of a notice under this section may be made by a person authorized to serve civil process or by a disinterested person, including an employee of the department. The department shall adopt rules to establish fees for service of process.

NEW SECTION. Sec. 7. Adjudicatory proceedings must be conducted in accordance with this chapter, and chapter 34.05 RCW applies. Hearings must presided over by a hearing officer. The parties may be represented at the adjudicatory proceeding by counsel and have the right to call and examine witnesses, introduce exhibits, cross-examine witnesses who testify, and present rebuttal evidence. Hearing officers need not strictly observe the rules of evidence observed by courts and may admit any relevant evidence. Documentary evidence presented at the hearing may be received in the form of copies or excerpts and shall include financial statements of the obligor and any individual obligee who is receiving social services and is not a recipient of public assistance. At the discretion of the hearing officer, any documents may be presented at the hearing including, but not limited to, documents admissible under this title.

The defenses of immunity because of the relationship of husband and wife, or parent and child do not apply to a proceeding under this chapter. If a party called to testify at a hearing declines to answer on the ground that the testimony may tend to be incriminating, the hearing officer may draw an adverse inference from the refusal to testify.

Hearing officers may take notice of any fact which may be judicially noticed by courts, and in addition, may take notice of general, technical, or scientific facts within their specialized knowledge. Hearings may be conducted by telephone or other electronic telecommunications methods. Hearings must be on the record and may be recorded by audiotape or other stenographic or electronic means. A party requesting a transcript of the hearing shall assume all costs of preparing and obtaining the transcript.

NEW SECTION. Sec. 8. If the hearing is to establish a support order, the hearing officer shall consider all relevant financial evidence in determining the amount of support for which the obligor is responsible and shall apply the child support guidelines under chapter 26.19 RCW. The child support order must be in an amount equal to the amount that results from application of the child support guidelines unless the obligor or obligee demonstrates that such an amount would be unjust or inappropriate and the hearing officer makes a written finding on the record. The written finding must take into account the best interests of the child and include the amount of support ordered by the hearing officer, the amount of support that would result from application of the child support guidelines, the reasons that the application of the guidelines would be unjust or inappropriate in the particular case, and the reasons justifying the variation between the amount of the order and the amount that would have been required under the guidelines. This section does not limit the authority of the hearing officer to attribute income and to consider all relevant information, including but not limited to, age, education, experience, employment history, earnings potential, and lifestyle. There is a rebuttable presumption that the amount of the current support order shall apply in establishing any amount of restitution owed by the obligor.

If the adjudicatory proceeding was initiated by the obligor to contest an enforcement action undertaken by the department, the obligor has the burden of proving a defense to the specific enforcement action, as required by law.

If at an adjudicatory proceeding the obligor disputes paternity, and the obligor has never acknowledged paternity of the child or has never been adjudicated the father of the child, the hearing officer shall, upon the request of a party, order the obligor, the mother, and the child to submit to blood and genetic marker tests. The hearing officer may not order blood and genetic marker tests, take evidence, or issue a ruling on the paternity matter if the obligor has previously been adjudicated the father of the child for whom support is sought in any prior proceeding, whether administrative or judicial, or if the obligor has previously acknowledged paternity of the child for whom support is sought.

NEW SECTION. Sec. 9. (1) The hearing officer shall adjudicate paternity when one of the following conditions is met and there is no other man who is presumed to be the father:

(a) The mother and father have executed a voluntary acknowledgement of parentage;

(b) An allegation of paternity is issued and served upon the obligor, and the obligor fails to appear at the hearing; or

(c) The hearing officer has ordered the parties to submit to blood and genetic marker tests and the obligor has failed or refused to submit to such tests.

An order shall be entered in the case of (a) or (b) of this subsection only upon presentation of testimony by the mother, under oath, that the obligor is the father of the child for whom support is sought. An affidavit of the mother attesting to sexual intercourse with the obligor during the probable period of conception is sufficient to meet this requirement.

(2) If the obligor does not acknowledge paternity after nonexclusionary results of blood and genetic marker tests are available to the parties, the hearing officer shall certify the matter to court for trial. The hearing officer shall compile the record of the administrative proceeding, including but not limited to, the affidavit of the mother and the order for blood and genetic marker tests, and shall file the record with the court located in the county in which one parent and the child reside, or if the child resides with neither parent, where the child resides. Certification is complete upon filing. The court shall thereafter resolve the issues related to the adjudication of paternity and the establishment of child support. If, in a case to be certified to the probate and family court, the results of blood and genetic marker tests indicate a statistical probability of paternity of ninety-seven percent or more, the hearing officer shall establish a temporary order of support. The temporary support order shall remain in effect until a judgment is entered by the probate and family court.

(3) Child support collected under an order issued under this section may neither be refunded nor returned if the paternity adjudication is later set aside, unless the adjudication is set aside by the court under section 13 of this act.

NEW SECTION. Sec. 10. (1) An order issued by a hearing officer becomes effective immediately upon issuance and is enforceable by administrative means available to the department. An order issued by a hearing officer remains in full force and effect until modified or terminated by order of a court or administrative agency.

(2) An order must be registered within thirty days after issuance by the hearing officer by filing the order in the court located in the county in which one parent and the child reside or, if the child resides with neither parent, where the child resides, unless the order of the hearing officer modifies or enforces an order previously entered by the court, and in that event the order must be registered in the court where the court order was entered. An order is registered upon the filing of the following documents with the court:

(a) A copy of the order;

(b) A copy of the findings of the hearing officer;

(d) A copy of the worksheet used to calculate the amount of support under the child support guidelines; and

(e) Any other information required by the department or the court.

Once registered, an administrative order has the same force, effect, and attributes, and is subject to the same procedures and defenses, as a judgment or order of the court, is entitled to full faith and credit in any court of the state or in any other state or jurisdiction, and may be enforced using the same means available to enforce any judgment or order of the court, including but not limited to contempt of court, trustee process, supplementary process, attachment, lien, actions to reach and apply, writs of execution, writs of ne exeat, and capias. Registration of an order under this section does not limit the use of any enforcement remedy, whether judicial or administrative, that may be available to the department under applicable law.

NEW SECTION. Sec. 11. (1) An obligor, an obligee, or the department may request a modification of the child support order of a court or administrative agency of competent jurisdiction. The request must be in writing in a form prescribed by the secretary, and must be served in accordance with section 6 of this act upon the obligor, the obligee, and the department.

(2) If the request is made by the department, the notice must be served on the obligor and the obligee and the party against whom the request is made is required to appear and show cause why the child support order should not be modified as provided in the request. If the request is made by the obligor or obligee, the department shall schedule a hearing, to be held not less than fifteen nor more than forty-five days from the date of receipt of the request for modification.

(3) The hearing officer may issue an order modifying the existing order of the court or administrative agency when the moving party demonstrates that the difference between the amount of child support that would result from application of the child support guidelines and the exiting order is twenty percent or more. The variance creates a rebuttable presumption that a material and substantial change in the circumstances of the parties has occurred since the issuance of the existing order. However, the hearing officer shall modify an existing order on the basis of the child support guidelines only if the hearing officer also makes a determination that modification of the existing order is necessary in the best interests of the child. Orders issued under this section are subject to sections 8 and 10 of this act.

NEW SECTION. Sec. 12. (1) Clerical mistakes or other errors arising from oversight or omission in administrative orders or other parts of the record may be corrected by the department at any time on its own initiative or on the motion of any party after notice to the other parties. During the pendency of judicial review, mistakes or errors may be corrected before the action is registered in the court, and thereafter while review is pending may be corrected with notice to the court and the parties. This section applies whether or not the child support order has been registered under section 10 of this act.

(2) A party may petition the department for relief from judgment. A petition must include an affidavit that sets forth facts supporting the claim for relief made by the petitioner and demonstrates that the opposing party will not be substantially prejudiced by relief from judgment and that the petitioner has a meritorious defense.

(3) If the petition is filed within one year of the date on which the administrative order was issued, the hearing officer may vacate the order upon finding that the petitioner has demonstrated in the affidavit the elements in subsection (2) of this section and has further shown mistake, inadvertence, surprise, or excusable neglect, fraud, misrepresentation, or other misconduct of an adverse party.

(4) If the petition is filed within one year of the date on which the administrative order was issued, and the petitioner failed to appear at the administrative hearing, the hearing officer may vacate the order upon finding that the petitioner has demonstrated in the affidavit the elements in subsection (2) of this section.

(5) The hearing officer may vacate the order, whether or not the petition was filed within one year of the date on which the administrative order was issued, upon a finding that the judgment is void due to lack of jurisdiction of the department.

NEW SECTION. Sec. 13. (1) Judicial review of an administrative order may be obtained by filing a petition with the court where the order has been or will be registered. The petitioner shall file the petition within thirty days of the date on which the order was issued and shall serve the petition on all parties, including the department, by first class mail. The petition must state the specific issues upon which review is sought.

(2) The department shall prepare a record of the proceedings, or parts of the record designated by the petitioner, file the petition and the record in the court, and send a copy of the record to all parties participating in the judicial review, within fifteen days of receipt of the request for judicial review. Judicial review must be provided by the court in which the administrative order was or will be registered. The record must include the documents listed in section 10(2) of this act.

(3) The order issued by the hearing officer remains in full force and effect while judicial review is pending, unless the order is stayed by the court. A stay may not be granted unless the petitioner demonstrates that there is a likelihood of success on the merits, that there is undue hardship, and that no other party would suffer undue hardship upon a stay of the order. The court may stay the administrative order only if the balance between the undue hardship of each party and the petitioner's likelihood of success on the merits favors the petitioner.

(4) The review must be conducted de novo. The department shall file as its answer a photocopy of the following: The order of the department; the findings of the hearing officer; the financial statements of the parties; the child support guidelines worksheet; and any other documentary evidence reviewed by the hearing officer. The court shall receive the copies of the administrative proceedings into evidence and may augment the administrative record, in whole or in part, by admitting additional relevant evidence. The court may affirm the administrative order, remand the matter for further proceedings before the child support hearings unit, set aside or revise the administrative order, or compel any action unlawfully withheld or unreasonably delayed, if it determines that the substantial rights of any party have been prejudiced. Appeals of judgments and orders under this section are governed by chapter 34.05 RCW.

NEW SECTION. Sec. 14. The department shall review a support order issued under this title periodically to ensure that payments are consistent with the guidelines of this title. If the payments are not consistent with the guidelines of this title, the department shall, under this chapter, adjust the payments.

NEW SECTION. Sec. 15. The administrative procedure act, chapter 34.05 RCW, applies to this chapter.

Sec. 16. RCW 26.09.160 and 1991 c 367 s 4 are each amended to read as follows:

(1) The performance of parental functions and the duty to provide child support are distinct responsibilities in the care of a child. If a party fails to comply with a provision of a decree or temporary order of injunction, the obligation of the other party to make payments for support or maintenance or to permit contact with children is not suspended. An attempt by a parent, in either the negotiation or the performance of a parenting plan, to condition one aspect of the parenting plan upon another, to condition payment of child support upon an aspect of the parenting plan, to refuse to pay ordered child support, to refuse to perform the duties provided in the parenting plan, or to hinder the performance by the other parent of duties provided in the parenting plan, shall be deemed bad faith and shall be punished by the court by holding the party in contempt of court and by awarding to the aggrieved party reasonable attorneys' fees and costs incidental in bringing a motion for contempt of court.

(2)(a) A motion may be filed to initiate a contempt action to coerce a parent to comply with an order establishing residential provisions for a child. If the court finds there is reasonable cause to believe the parent has not complied with the order, the court may issue an order to show cause why the relief requested should not be granted.

(b) If, based on all the facts and circumstances, the court finds after hearing that the parent, in bad faith, has not complied with the order establishing residential provisions for the child, the court shall find the parent in contempt of court. Upon a finding of contempt, the court shall order:

(i) The noncomplying parent to provide the moving party additional time with the child. The additional time shall be equal to the time missed with the child, due to the parent's noncompliance;

(ii) The parent to pay, to the moving party, all court costs and reasonable attorneys' fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; and

(iii) The parent to pay, to the moving party, a civil penalty, not less than the sum of one hundred dollars.

The court may also order the parent to be imprisoned in the county jail, if the parent is presently able to comply with the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order, but in no event for more than one hundred eighty days.

(3) On a second failure within three years to comply with a residential provision of a court-ordered parenting plan, a motion may be filed to initiate contempt of court proceedings according to the procedure set forth in subsection (2) (a) and (b) of this section. On a finding of contempt under this subsection, the court shall order:

(a) The noncomplying parent to provide the other parent or party additional time with the child. The additional time shall be twice the amount of the time missed with the child, due to the parent's noncompliance;

(b) The noncomplying parent to pay, to the other parent or party, all court costs and reasonable attorneys' fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; and

(c) The noncomplying parent to pay, to the moving party, a civil penalty of not less than two hundred fifty dollars. For willing noncompliance, the court may order the noncomplying parent to pay a civil penalty of up to ten thousand dollars.

The court may also order the parent to be imprisoned in the county jail, if the parent is presently able to comply with the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order but in no event for more than ((~~one hundred eighty days~~)) five years.

(4) For purposes of subsections (1), (2), and (3) of this section, the parent shall be deemed to have the present ability to comply with the order establishing residential provisions unless he or she establishes otherwise by a preponderance of the evidence. The parent shall establish a reasonable excuse for failure to comply with the residential provision of a court-ordered parenting plan by a preponderance of the evidence.

(5) Any monetary award ordered under subsections (1), (2), and (3) of this section may be enforced, by the party to whom it is awarded, in the same manner as a civil judgment.

(6) Subsections (1), (2), and (3) of this section authorize the exercise of the court's power to impose remedial sanctions for contempt of court and is in addition to any other contempt power the court may possess.

(7) Upon motion for contempt of court under subsections (1) through (3) of this section, if the court finds the motion was brought without reasonable basis, the court shall order the moving party to pay to the nonmoving party, all costs, reasonable attorneys' fees, and a civil penalty of not less than one hundred dollars.

NEW SECTION. Sec. 17. A new section is added to chapter 26.09 RCW to read as follows:

A child support judgment or order that varies twenty percent or more from the amount of child support that would result from the application of the child support guidelines creates a rebuttable presumption that a substantial change in the circumstances of the parties has occurred. The child support order must be modified accordingly unless the court or department of social and health services under chapter 26.-- RCW (sections 1 through 15 of this act) makes specific written findings that take into consideration the best interests of the child and conclude that such an order would be unjust or inappropriate in the particular case. A modification of child support order child support may be entered notwithstanding an agreement of the parents that has independent legal significance.

NEW SECTION. Sec. 18. A new section is added to chapter 26.18 RCW to read as follows:

The department or a court may have health care coverage obligations enforced through an employer or provider of health care coverage under section 24 of this act.

NEW SECTION. Sec. 19. A new section is added to chapter 26.18 RCW to read as follows:

(1) The department may have access to and may request information from the individuals and entities named in this section. The information must be available to the department only for the purpose of and to the extent necessary for the administration of the child support enforcement program. An entity or individual who complies with this section is not liable in a civil or criminal action or proceeding brought by an obligor or an obligee because of the compliance. A holder maintaining personal data may disclose to the department data requested under this section. The disclosure does not violate public disclosure limitation laws. An entity or individual that willfully provides false information in reply to a request under this section or that, without reasonable cause, fails to comply with a request under this section within fourteen days is liable for a penalty of one hundred dollars for each violation to be assessed by the department or a court. The department may secure information to which it is entitled by any method.

(2) On the basis of information provided by the department, an entity of the state, political subdivision, or agency thereof, that issues a license, permit, or other authorization to engage in a profession, trade, business, or recreational activity shall ensure that such an authorization is not issued or renewed to an obligor who owes past-due child support and whose obligation the department seeks to enforce. The entity shall notify the department of the name, date of birth, address, social security number, or federal identification number of an obligor whose obligation the department seeks to enforce and other information about the obligor required by the department. After notice to the obligor by the department, the department shall conduct a hearing with respect to establishing a child support delinquency sufficient to warrant the suspension or revocation of the authorization. The hearing constitutes the exclusive administrative remedy for contesting the establishment of a child support delinquency sufficient to warrant the suspension or revocation of a license. The department shall issue a finding of child support delinquency unless the obligor establishes that no arrearage exists or that the obligor is not the person owing the arrearage. The finding must be forwarded to the authorization authority and constitutes prima facie evidence of child support delinquency sufficient to warrant the suspension or revocation of the authorization of the obligor. An individual aggrieved by a finding of the department as adopted by the authorizing authority may seek judicial review in the court that issued or in which is registered the child support order. If during the judicial review the obligor demonstrates to the court that no child support arrearage exists or that the obligor is not the person owing the arrearage, the court may order the department to provide written notice to the authorizing authority to issue or reinstate the authorization of the obligor. The court may not issue or reinstate an authorization revoked under this subsection on other grounds. The review constitutes the exclusive remedy for a person aggrieved under this section. The authorizing authority may issue or reinstate the authorization only if the department provides to the authority a written notice stating that the obligor is in compliance with a judgment or order for support.

(3) The department may provide notice to the department of licensing of an obligor who has refused or neglected to pay child support and is the subject of an outstanding warrant because of the refusal or neglect. The director of licensing shall ensure that a license or right to operate a motor vehicle or certificate of registration of a motor vehicle is neither issued nor renewed to an obligor who owes past-due child support and that is the subject of an outstanding warrant. The director shall notify the department of the name, address, and social security number of the obligor, and other information required by the department. Upon notice of the department to the director of licensing that an obligor who holds a license or right to operate a motor vehicle or a certificate of registration has refused to pay child support and is subject to an outstanding warrant, the director shall revoke or suspend the license, right, or certificate held by the obligor. The director may reinstate the license, right, or certificate only if the department provides to the director a written notice stating that the obligor is in compliance with the judgment or order for child support. If, after the license, right, or registration of the obligor is reinstated, the obligor refuses or neglects to pay child support, the department may, whether or not a warrant is outstanding, notify the director of the failure or refusal, and the director shall upon receipt of the notice and without a prior hearing revoke the license, right, or certificate of registration owned by the obligor. An individual aggrieved by a decision of the director under this section may appeal the decision under the provisions of chapter 34.05 RCW. If, during the appeal, the obligor demonstrates that no child support arrearage exists or that the obligor is not the person owing the arrearage, the court or administrative agency may order reinstatement of the license, right, or registration of the obligor. The court may not reinstate a license, right, or registration revoked under this subsection for other grounds.

NEW SECTION. Sec. 20. A new section is added to chapter 26.18 RCW to read as follows:

The employer of any person shall inform the department at the time of hiring a new person of the hiring, for the purpose of ensuring the timeliness of employment information, the prompt transfer of wage assignments, and the immediate withholding of income to satisfy child support obligations.

NEW SECTION. Sec. 21. A new section is added to chapter 26.18 RCW to read as follows:

An employer, labor union, utility, or licensing authority shall give the department access to employee records for the purposes of enforcing this chapter.

NEW SECTION. Sec. 22. A new section is added to chapter 26.18 RCW to read as follows:

The court or the department may obtain a lien or levy on and seize the assets and property of an absent parent that owes past-due child support in order to collect the support.

NEW SECTION. Sec. 23. A new section is added to chapter 26.26 RCW to read as follows:

Upon the birth of a child to a woman unmarried at the time of birth or conception, the administrator or person in charge of a hospital or similar institution in which births occur, or the administrator's or person's agent, shall:

(1) Provide an opportunity for the child's mother and putative father to complete an acknowledgment of parentage under this chapter;

(2) Provide written information, that the department of social and health services shall furnish, to the mother regarding the benefits of having her child's paternity established and of the availability of services to establish paternity, including an application for child support enforcement services; and

(3) Comply with requirements for submission to the court of forms as provided in RCW 26.26.065.

Sec. 24. RCW 67.70.255 and 1986 c 83 s 2 are each amended to read as follows:

(1) Any state agency or political subdivision that maintains records of debts owed to the state or political subdivision, or that the state is authorized to enforce or collect, including past-due child support, may submit data processing tapes containing debt information to the lottery in a format specified by the lottery. State agencies or political subdivisions submitting debt information tapes shall provide updates on a regular basis at intervals not to exceed one month and shall be solely responsible for the accuracy of the information contained therein.

(2) The lottery shall include the debt information submitted by state agencies or political subdivisions in its validation and prize payment process. The lottery shall delay payment of a prize exceeding six hundred dollars for a period not to exceed two working days, to any person owing a debt to a state agency or political subdivision pursuant to the information submitted in subsection (1) of this section. The lottery shall contact the state agency or political subdivision that provided the information to verify the debt. The prize shall be paid to the claimant if the debt is not verified by the submitting state agency or political subdivision within two working days. If the debt is verified, the prize shall be disbursed pursuant to subsection (3) of this section.

(3) Prior to disbursement, any lottery prize exceeding six hundred dollars shall be set off against any debts owed by the prize winner to a state agency or political subdivision, or that the state is authorized to enforce or collect.

NEW SECTION. Sec. 25. Sections 1 through 15 of this act shall constitute a new chapter in Title 26 RCW.