WSR 00-10-096

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed May 2, 2000, 3:10 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-19-122.

Title of Rule: Support establishment notices. Proposed new rules: WAC 388-14A-3100 How does the division of child support establish a child support obligation when there is no child support order? WAC 388-14A-3102 When the parents have signed a paternity affidavit, which support establishment notice does the Division of Child Support serve on the noncustodial parent? WAC 388-14A-3105 How does the division of child support serve support establishment notices? WAC 388-14A-3110 When can a support establishment notice become a final order? WAC 388-14A-3115 The notice and finding of financial responsibility is used to set child support when paternity is not an issue. WAC 388-14A-3120 The notice and finding of parental responsibility is used to set child support when the father's duty of support is based upon an affidavit of paternity which is not a conclusive presumption of paternity. WAC 388-14A-3125 The notice and finding of medical responsibility is used to set a medical support obligation when the custodial parent receiving medical assistance declines full child support enforcement services. WAC 388-14A-3130 What happens if a parent makes a timely request for hearing on a support establishment notice? WAC 388-14A-3131 What happens if neither parent appears for the hearing? WAC 388-14A-3132 What happens if only one parent appears for the hearing? WAC 388-14A-3133 What happens when the noncustodial parent and the custodial parent both appear for the hearing? WAC 388-14A-3135 Late hearings, or hearing on untimely objections to support establishment notices. WAC 388-14A-3140 What can happen at a hearing on a support establishment notice? WAC 388-14A-3200 How does DCS determine my support obligation? and WAC 388-14A-3205 How does DCS calculate my income?

Proposed amended rules: WAC 388-11-011 Definitions. WAC 388-11-100 Duty of the administrative law judge in a hearing to determine the amount of a support obligation. WAC 388-11-120 When is it appropriate to vacate a default ((Vacate.)) order? WAC 388-11-150 ((Consent order and)) The parties may resolve any child support case by entering a consent order or an agreed settlement. WAC 388-11-305 Uniform Interstate Family Support Act -- Notices served in another state; and WAC 388-11-310 Request for late hearing -- Good cause.

Proposed repealers: WAC 388-11-285 Notice and finding of financial responsibility, 388-11-290 Notice and finding of parental responsibility, 388-11-295 Notice and finding of medical responsibility, 388-11-400 Physical custodians -- Rights to participate in hearings, 388-11-410 Notice of proposed child support amount, 388-11-415 Support establishment notice -- Physical custodian accepts proposed child support amount, 388-11-420 Support establishment notice -- Physical custodian objects to the proposed child support amount, 388-11-425 Hearings on support establishment notices, 388-11-430 Settlement and consent order, and 388-14-445 Notice of proposed settlement.

Purpose: The Division of Child Support seeks to revise its procedures for preparing and serving a support establishment notice under RCW 74.20A.055 or 74.20A.056.

Statutory Authority for Adoption: RCW 34.05.220(1), 74.08.090, 74.20A.055, 74.20A.056.

Statute Being Implemented: RCW 74.20A.055, 74.20A.056.

Summary: After the Division of Child Support enacted changes to the WAC regarding procedures for preparing and serving support establishment notices so as to give the physical custodian of the child full party status, DCS staff requested that the procedures be revised. DCS commissioned a quality improvement team to look at the process and the QIT has come up with suggestions on how the preparation and service of the support establishment notice can be streamlined, revised and improved. DCS believes the new method will be more efficient and easier to understand, and will result in better customer service for both custodial and noncustodial parents.

Reasons Supporting Proposal: Efficiency, customer service.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS Rules Coordinator, P.O. Box 9162, Olympia, WA 98507, (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: After the Division of Child Support enacted changes to the WAC regarding procedures for preparing and serving support establishment notices so as to give the physical custodian of the child full party status, DCS staff requested that the procedures be revised. DCS commissioned a quality improvement team to look at the process and the QIT has come up with suggestions on how the preparation and service of the support establishment notice can be streamlined, revised and improved. DCS believes the new method will be more efficient and easier to understand, and will result in better customer service for both custodial and noncustodial parents.

Proposal Changes the Following Existing Rules: Amends WAC 388-11-011, 388-11-100, 388-11-120, 388-11-150, 388-11-305, and 388-11-310. Repeals WAC 388-11-285, 388-11-290, 388-11-295, 388-11-400, 388-11-415, 388-11-420, 388-11-425, 388-11-430, and 388-14-445. Adds several new sections to chapter 388-14A WAC.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This change does not meet the requirements for a small business economic impact statement.

RCW 34.05.328 applies to this rule adoption. RCW 34.05.328 (5)(b)(vii) exempts DSHS rules that apply only to client medical or financial eligibility.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on June 27, 2000, 10:00 a.m.

Assistance for Persons with Disabilities: Contact Rules and Policies Assistance Unit by June 16, 2000, phone (360) 664-6097, TTY (360) 664-6178, e-mail myercme@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6187.

Date of Intended Adoption: June 28, 2000.

April 26, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-11 issue of the Register.

Washington State Code Reviser's Office