Date of Adoption: April 9, 1999.

Purpose: Amending WAC 388-14-420 to bring it into accord with changes to 45 C.F.R. 303.11, dealing with closure of child support enforcement cases.

Citation of Existing Rules Affected by this Order: Amending WAC 388-14-420.

Statutory Authority for Adoption: RCW 74.20A.310.

Other Authority: 45 C.F.R. 303.11.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The federal rules regarding case closure were amended effective April 9, 1999, the Division of Child Support is required to have rules in accordance with federal rules or else risk putting the state out of compliance with the requirements of Title IV-D of the Social Security Act, which could jeopardize federal funding.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Immediately.

April 9, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

(1) After the ((IV-D agency)) division of child support (DCS) begins providing services under chapter 74.20 RCW and RCW 26.23.045(1)(((a), (b), (c), (e), or (f), the IV-D agency)), DCS may terminate services when:

(a) There is no current support order and the support debt is less than five hundred dollars or cannot be enforced under the laws of the state of Washington;

(b) ((The IV-D agency)) DCS determines that the ((responsible)) noncustodial parent or putative father is dead and has no available assets, income, or estate subject to collection action;

(c) ((The IV-D agency)) DCS determines that the ((responsible)) noncustodial parent does not have any available assets, income, or estate subject to collection action, and is and will be unable to pay support because the parent is:

(i) Institutionalized in a psychiatric facility;

(ii) Incarcerated without possibility of parole; or

(iii) Medically verified as totally and permanently disabled with no evidence of support potential.

(d) The applicant, agency, or person receiving nonassistance services submits a written request to terminate services, and no current assignment to the state of medical support rights exists.  If there is accrued debt under a support order that is assigned to the state:

(i) That portion of the case shall remain open; and

(ii) ((The IV-D agency)) DCS may close the nonassistance portion of the case.

(e) ((The IV-D agency)) DCS has enough information to use an automated locate system, makes ((reasonable)) diligent efforts to identify or locate the ((responsible)) noncustodial parent, using local, state, and federal locate sources over a three-year period and does not find new locate information;

(f) ((The IV-D agency)) DCS does not have enough information to use an automated locate system, makes diligent efforts to locate the noncustodial parent over a one-year period and does not find any new locate information;

(g) DCS is unable to contact ((a)) an applicant, agency, or person receiving nonassistance ((physical custodian)) services within a ((thirty)) sixty-day period ((using both a telephone call and one or more registered letters));

(((g) The IV-D agency))

(h) DCS documents:

(i) Instances of the physical custodian's or the initiating state’s failure or refusal to cooperate with ((the IV-D agency)) DCS; and

(ii) That the physical custodian's cooperation is essential for the next step in providing support enforcement services;

(((h) The IV-D agency))

(i) DCS cannot obtain a paternity order because:

(i) The putative father is dead;

(ii) A genetic test has excluded all known putative fathers and no other putative father can be identified after diligent efforts, including at least one interview by DCS with the recipient of support enforcement services;

(iii) The child is eighteen years of age or older; ((or))

(iv) The department, a court of competent jurisdiction, or an adjudicative proceeding determines that paternity establishment would not be in the best interest of the child in a case involving:

(A) Incest;

(B) Rape; or

(C) Pending adoption((.

(i))); or

(v) The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by DCS with the recipient of support enforcement services.

(j) The department or a court of competent jurisdiction finds the person receiving services has wrongfully deprived the ((responsible)) noncustodial parent of physical custody of a dependent child under WAC 388-11-065(3);

(((j))) (k) The department or a court of competent jurisdiction finds that action establishing or enforcing a support obligation cannot proceed without risk of harm to the child or the child's custodian;

(((k) The IV-D agency))

(l) DCS has provided locate-only services in response to a request for state parent locator services;

(((l))) (m) The ((responsible)) noncustodial parent is a citizen of, and lives in, a foreign country and:

(i) Does not have any assets which can be reached by ((the IV-D agency)) DCS; and

(ii) Washington state has been unable to establish reciprocity in child support matters with that country; or

(((m))) (n) The dependent child is confined to a juvenile rehabilitation facility for a period of ninety days or more; or

(((n))) (o) Any other circumstances exist which would allow closure under 45 CFR 303.11 or any other federal statute or regulation.

(2) After ((the IV-D agency)) DCS provides services under RCW 26.23.045(1)(((d), the IV-D agency)), DCS shall:

(a) Terminate support enforcement services;

(i) If a court of competent jurisdiction orders ((the IV-D agency)) DCS to terminate services based on:

(A) An approved alternate payment plan under RCW 26.23.050; or

(B) A finding that it is not in the child's best interest for ((the IV-D agency)) DCS to continue providing services.

(ii) After filing a satisfaction of judgment with the court as provided under WAC 388-14-205; or

(iii) If the ((responsible)) noncustodial parent is dead and ((the IV-D agency receives proof)) DCS determines there is no available estate.

(b) Terminate services, except records maintenance and payment processing:

(i) For the reasons stated under subsections (1)(c), (d), (e), (f), (g), (j), (k), (l), ((or)) (m), or (n) of this section; or

(ii) If the payee under the order fails to submit an application for support enforcement services.

(3) Sixty days before terminating services, ((the IV-D agency)) DCS shall mail a notice to the physical custodian and the noncustodial parent.  ((The IV-D agency)) DCS shall:

(a) Send the notice by regular mail to the last known address of the physical custodian and the noncustodial parent. In an interstate case, DCS shall send the notice to the physical custodian by regular mail in care of the other state’s child support agency;

(b) Include in the notice the reasons for terminating services; and

(c) State in the notice that the physical custodian or the noncustodial parent may ask for a hearing to contest the decision terminating services and may participate in any hearing requested by this other party.

(4) After terminating support enforcement services, ((the IV-D agency)) DCS shall return support money ((the IV-D agency)) DCS receives to the payor except as provided under subsection (2)(b) of this section.

[Statutory Authority: RCW 34.05.220(1), 74.08.090, 74.20A.310 and 26.23.035.  97-13-092, § 388-14-420, filed 6/18/97, effective 7/19/97.  Statutory Authority: RCW 74.08.090, 45 CFR 303.11 and 45 CFR 303.100.  93-05-020 (Order 3512), § 388-14-420, filed 2/10/93, effective 3/13/93.  Statutory Authority: RCW 74.08.090.  90-16-041 (Order 3043), § 388-14-420, filed 7/24/90, effective 8/24/90; 88-07-012 (Order 2606), § 388-14-420, filed 3/4/88.]

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