WSR 98-21-074

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Division of Child Support)

[Filed October 21, 1998, 10:21 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-12-107.

Title of Rule: WAC 388-11-320 through 388-11-340, division of child support (DCS) most wanted site: WAC 388-11-320 What is the division of child support's most wanted internet site? WAC 388-11-325 Whose picture can go on the division of child support's most wanted internet site? WAC 388-11-330 How does a noncustodial parent avoid being posted on the division of child support's most wanted internet site? WAC 388-11-335 When does the division of child support remove a noncustodial parent from the DCS most wanted internet site? and WAC 388-11-340 What information does the division of child support post to the DCS most wanted internet site?

Purpose: The division of child support will use the Internet as a tool for locating noncustodial parents, either those who owe at least $10,000 on a support order, or those whom DCS has been unable to locate for establishment or enforcement of a support order.

Statutory Authority for Adoption: RCW 26.23.120(2).

Statute Being Implemented: Chapter 26.23 RCW.

Summary: The division of child support will use the internet as a tool for locating hard-to-find noncustodial parents. There are two types of parents who will be subject to posting on the site: (1) A noncustodial parent who owes at least $10,000 in back support and has not made a payment in the last six months, or (2) a noncustodial parent whom the division of child support has been unable to locate after twelve months, for establishment or enforcement of a support order. The division of child support will mail a warning letter to the noncustodial parent, who can avoid being posted on the site by paying the debt in full, entering into a payment agreement, or, in the case of the parent DCS is trying to locate, providing address and employment information. Once a parent has been posted to the site, the same things can get the parent taken off of the site.

Reasons Supporting Proposal: The division of child support views the internet site as yet another tool in helping to enforce support obligations against hard-to-locate parents.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS Headquarters, P.O. Box 9162, Olympia, WA 98507-9162, (360) 664-5065.

Name of Proponent: Department of Social and Health Services, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The division of child support will use the internet as a tool for locating hard-to-find noncustodial parents. There are two types of parents who will be subject to posting on the site: (1) A noncustodial parent who owes at least $10,000 in back support and has not made a payment in the last six months, or (2) a noncustodial parent whom the division of child support has been unable to locate after twelve months, for establishment or enforcement of a support order. The division of child support will mail a warning letter to the noncustodial parent, who can avoid being posted on the site by paying the debt in full, entering into a payment agreement, or, in the case of the parent DCS is trying to locate, providing address and employment information. Once a parent has been posted to the site, the same things can get the parent taken off of the site.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses. It only affects individuals whom the division of child support is trying to locate.

RCW 34.05.328 applies to this rule adoption. The rules do meet the definition of a significant legislative rule but DSHS/DCS is exempt from preparing further analysis under RCW 34.05.328 (5)(b)(vii).

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on November 24, 1998, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by November 13, 1998, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by November 24, 1998.

Date of Intended Adoption: November 25, 1998.

October 13, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

SHS-2473.2

NEW SECTION

WAC 388-11-320 What is the division of child support's DCS most wanted internet site? (1) The division of child support (DCS) maintains the DCS most wanted internet site in an effort to:

(a) Locate responsible parents (also known as noncustodial parents) in order to establish or enforce a child support obligation; and

(b) Collect unpaid child support from noncustodial parents who have a support obligation.

(2) Anyone who has information concerning a noncustodial parent (called the "NCP") is encouraged to provide that information to DCS.

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NEW SECTION

WAC 388-11-325 Whose picture can go on the division of child support's DCS most wanted internet site? (1) If the child's physical custodian or custodial parent (called the "CP") requests DCS to post the NCP to the DCS Most Wanted Internet site (also called the "site"), the CP must:

(a) Give written permission to DCS to post the NCP on the site; and

(b) Provide a photograph of the NCP.

(2) Only the NCP's photograph appears on the site. If the CP submits a group photograph, DCS edits out everyone except the NCP.

(3) DCS may post an NCP to the site when:

(a) The NCP:

(i) Has made no payments in at least six months (intercepted IRS refunds are not considered to be payments for purposes of this section); and

(ii) Owes at least ten thousand dollars in back child support; or

(b) DCS has been unable to locate the NCP after trying other means for at least twelve months, and:

(i) There is a valid support order; or

(ii) There is a valid paternity affidavit filed for a child on the case, or

(iii) The NCP is:

(A) The mother of the child(ren) on the case; or

(B) The presumed father under RCW 26.26.040.

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NEW SECTION

WAC 388-11-330 How does a noncustodial parent avoid being posted on the DCS most wanted internet site? (1) DCS mails a letter to the NCP's last known mailing address by first class mail before posting an NCP on the site. The letter advises the NCP:

(a) Who cannot be located, to provide DCS with a current address and employer information.

(b) Who owes back support, to:

(i) Pay the back support debt in full; or

(ii) Sign a repayment agreement with DCS and make the first payment under that agreement.

(2) If the NCP does not comply within twenty days of the date on the letter, DCS may post the NCP to the site.

(3) If the NCP wishes to dispute the amount of the support debt, the NCP may request a conference board review under WAC 388-14-385. Such a request does not stay (stop) DCS from posting the NCP to the site.

(4) If the NCP files a court or administrative action to vacate or modify the support obligation, DCS will stay the posting of the NCP to the site for up to six months. If DCS finds good cause, DCS may extend the stay.

(5) If the NCP enters into a repayment agreement, but then misses a payment under the agreement, DCS may post the NCP to the site without further notice to the NCP.

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NEW SECTION

WAC 388-11-335 When does DCS remove a noncustodial parent from the DCS most wanted internet site? (1) DCS must remove the NCP from the site if:

(a) The NCP pays the back support debt in full;

(b) The NCP files a court or administrative action to modify or vacate the support obligation (subject to the limitations in WAC 388-11-330(4));

(c) The NCP enters into a repayment agreement and makes the first payment under that agreement (subject to the limitations in WAC 388-11-330(5));

(d) The CP withdraws permission for the posting.

(2) DCS may remove an NCP from the site even if the NCP has not complied with the requirements of this section.

(3) If an NCP receives a warning letter for locate purposes only, DCS must remove the NCP who provides a current address and employment information.

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NEW SECTION

WAC 388-11-340 What information does the division of child support post to the DCS most wanted internet site? (1) DCS may post to the site any information about the NCP which may aid in locating the NCP or collecting child support from the NCP, such as:

(a) Full name and aliases;

(b) Photograph;

(d) Birth date;

(e) Last known address;

(f) Usual occupation;

(g) Number and ages of children;

(h) Amount of back support owed; and

(i) Ongoing monthly support obligation, if any.

(2) DCS does not post the names or photographs of the CP or the children.

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