WSR 00-21-113

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)[ Filed October 18, 2000, 10:45 a.m. ]

Supplemental Notice to WSR 00-16-114.

Preproposal statement of inquiry was filed as WSR 00-06-039.

Title of Rule: Chapter 388-14A WAC, Division of Child Support rules.

     PART A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT, WAC 388-14A-1000 The DSHS Division of Child Support is the Title IV-D child support enforcement agency for the state of Washington, 388-14A-1005 What is Washington's state plan under Title IV-D?, 388-14A-1010 What are the other names that the Division of Child Support has used?, 388-14A-1015 What laws regulate the actions of the Division of Child Support?, 388-14A-1020 What definitions apply to the rules regarding child support enforcement?, 388-14A-1025 What are the responsibilities of the Division of Child Support?, 388-14A-1030 What kinds of services can the Division of Child Support provide?, 388-14A-1035 What kinds of locate services does the Division of Child Support provide?, 388-14A-1036 Who can request DCS locate services?, 388-14A-1040 What must a request for locate services contain?, 388-14A-1045 What happens when I request locate services from the Division of Child Support?, 388-14A-1050 The Division of Child Support cooperates with other states for support enforcement purposes, 388-14A-1055 Can the Division of Child Support collect support owed or assigned to another state?, and 388-14A-1060 The Division of Child Support cooperates with courts and law enforcement.

     PART B - BASIC RULES FOR CHILD SUPPORT CASES, WAC 388-14A-2000 Who can receive child support enforcement services from the Division of Child Support?, 388-14A-2005 When does an application for public assistance automatically become an application for support enforcement services?, 388-14A-2010 Can I apply for support enforcement services if I do not receive public assistance?, 388-14A-2015 Does DCS accept an application for services from someone who is not a resident of Washington state?, 388-14A-2020 Can the Division of Child Support deny my application for support enforcement services?, 388-14A-2025 What services does the Division of Child Support provide for a nonassistance support enforcement case?, 388-14A-2030 Do I assign my rights to support when I apply for child support enforcement services?, 388-14A-2035 Do I assign my rights to support when I receive public assistance?, 388-14A-2036 What does assigning my rights to support mean?, 388-14A-2037 What are permanently assigned arrears?, 388-14A-2038 What are temporarily assigned arrears?, 388-14A-2040 Do I have to cooperate with the Division of Child Support in establishing or enforcing child support?, 388-14A-2041 What happens if I don't cooperate with DCS?, 388-14A-2045 What can I do if I am afraid that cooperating with the Division of Child Support will be harmful to me or to my children?, 388-14A-2050 Who decides if I have good cause not to cooperate?, 388-14A-2060 Are there different kinds of good cause for not cooperating with DCS?, 388-14A-2065 Does the Division of Child Support provide support enforcement services if the CSO decides I have "Good Cause Level A"?, 388-14A-2070 Does the Division of Child Support provide support enforcement services if the CSO determines I have "Good Cause Level B"?, 388-14A-2075 What happens if the Division of Child Support determines that I am not cooperating?, 388-14A-2080 Once DCS opens a support enforcement case, under what circumstances can it be closed?, 388-14A-2085 Under what circumstances may DCS deny a request to close a support enforcement case?, 388-14A-2090 Who is mailed notice of DCS' intent to close a case?, 388-14A-2095 What if I don't agree with the case closure notice?, 388-14A-2097 What happens to payments that come in after a case is closed?, 388-14A-2099 When does DCS file a satisfaction of judgment with the superior court?, 388-14A-2105 Does the Division of Child Support keep information about me confidential?, 388-14A-2110 How do I find out the address of my children, or the other parent of my children?, 388-14A-2115 What are the requirements for making an address disclosure request?, 388-14A-2120 What happens at a hearing on an objection to disclosure of my address?, 388-14A-2125 How do I give DCS permission to give my address to the other parent without going through the notice procedures of WAC 388-14A-2115?, 388-14A-2150 How much does it cost to get copies of DCS records?, 388-14A-2155 Can I appeal a denial of public disclosure by the Division of Child Support?, and 388-14A-2160 If my information is confidential, can DCS report me to a credit bureau?

     PART C – HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY, NOTE: The rules for establishing administrative support orders have been filed and will be effective October 1, 2000. They are found in WAC 388-14A-3100, 388-14A-3102, 388-14A-3105, 388-14A-3110, 388-14A-3115, 388-14A-3120, 388-14A-3125, 388-14A-3130, 388-14A-3131, 388-14A-3132, 388-14A-3133, 388-14A-3135, 388-14A-3140, 388-14A-3200, and 388-14A-3205. The rules for establishing temporary administrative support orders were effective May 19, 2000: They are found in WAC 388-14A-3850, 388-14A-3855, 388-14A-3860, 388-14A-3865, 388-14A-3870, and 388-14A-3875. WAC 388-14A-3275 The Division of Child Support may amend a notice at any time before a final administrative order is entered, 388-14A-3300 How does the Division of Child Support require me to make my support payments to the Washington state support registry when my support order says to pay someone else?, 388-14A-3304 The Division of Child Support serves a notice of support debt when it is enforcing a foreign court order or administrative order for support, 388-14A-3310 The Division of Child Support serves a notice of support owed to establish a fixed dollar amount under an existing child support order, 388-14A-3315 When DCS serves a notice of support debt or notice of support owed, we notify the custodial parent and/or the payee under the order, 388-14A-3320 What happens at a hearing on a notice of support debt or notice of support owed?, 388-14A-3350 Are there any limits on how much back support the Division of Child Support can seek to establish?, 388-14A-3370 What defenses to liability are available to a noncustodial parent when DCS seeks to enforce a support obligation?, 388-14A-3375 What kinds of credits does the Division of Child Support give when establishing or enforcing an administrative support order?, 388-14A-3400 Are there limitations on how much of my income is available for child support?, 388-14A-3500 A person must show good cause for filing a late request for hearing on a support notice, 388-14A-3600 The parties may resolve any child support case by entering a consent order or an agreed settlement, 388-14A-3700 When is it appropriate to vacate a default order?, 388-14A-3800 Once a support order is entered, can it be changed?, 388-14A-3850 Once a child support order is entered how long does the support obligation last?, 388-14A-3900 Does DCS review my support order to see if it should be modified?, 388-14A-3901 Under what circumstances does DCS review a support order for modification?, 388-14A-3902 How does DCS notify me that my order is eligible for review for modification?, 388-14A-3903 How does DCS decide whether to petition for modification of a support order?, 388-14A-3904 How do I find out the results of DCS' review for modification?, 388-14A-3905 What if I don't agree with DCS' findings after review?, 388-14A-3906 Are there times when DCS does not review an order which would otherwise qualify for review?, 388-14A-3907 DCS uses the Washington state child support schedule for reviewing orders for modification, and 388-14A-3925 Who can ask to modify an administrative support order?

     PART D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS, WAC 388-14A-4000 When may the Division of Child Support take collection action against a noncustodial parent?, 388-14A-4010 Can I make the Division of Child Support stop collection action against me?, 388-14A-4020 What collection tools does the Division of Child Support use?, 388-14A-4030 How can the Division of Child Support collect child support from my wages or other income source?, 388-14A-4040 DCS can serve some collection actions by electronic service, 388-14A-4100 Can the Division of Child Support make me provide health insurance for my children?, 388-14A-4110 If my support order requires me to provide health insurance for my children, what do I have to do?, 388-14A-4115 Can my support order reduce my support obligation if I pay for health insurance?, 388-14A-4120 DCS serves a notice of enrollment to enforce an obligation to provide health insurance coverage, 388-14A-4130 What must an employer or union who receives a notice of enrollment do?, 388-14A-4200 Do I get credit for dependent disability payments paid on my behalf to my children?, 388-14A-4300 What can I do if I think I'm paying more than the custodial parent is spending for daycare or other special expenses for my child?, 388-14A-4301 Can I file a petition for reimbursement if I do not receive full support enforcement services?, 388-14A-4302 Who participates in a hearing on petition for reimbursement?, 388-14A-4303 What happens at a hearing on petition for reimbursement?, 388-14A-4304 What happens if the judge determines that I have paid too much for daycare and special expenses?, 388-14A-4500 What is the Division of Child Support's license suspension program?, 388-14A-4505 The notice of noncompliance and intent to suspend licenses, 388-14A-4510 Who is subject to the DCS license suspension program?, 388-14A-4515 How do I avoid having my license suspended for failure to pay child support?, 388-14A-4520 Signing a repayment agreement will avoid certification for noncompliance, 388-14A-4525 How to obtain a release of certification for noncompliance, 388-14A-4530 Administrative hearings regarding license suspension are limited in scope, 388-14A-4600 What is the Division of Child Support's DCS most wanted Internet site?, 388-14A-4605 Whose picture can go on the Division of Child Support's DCS most wanted internet site?, 388-14A-4610 How does a noncustodial parent avoid being posted on the DCS most wanted internet site?, 388-14A-4615 When does DCS remove a noncustodial parent from the DCS most wanted internet site?, and 388-14A-4620 What information does the Division of Child Support post to the DCS most wanted internet site?

     PART E - DISTRIBUTION OF CHILD SUPPORT PAYMENTS, WAC 388-14A-5000 How does the Division of Child Support distribute support payments?, 388-14A-5001 What procedures does DCS follow to distribute support payments?, 388-14A-5002 How does DCS distribute support money in a nonassistance case?, 388-14A-5003 How does DCS distribute support money in an assistance case?, 388-14A-5004 How does DCS distribute support money in a former assistance case?, 388-14A-5005 How does DCS distribute intercepted federal income tax refunds?, 388-14A-5006 How does DCS distribute support money when the paying parent has more than one case?, 388-14A-5007 If the paying parent has more than one case, can DCS apply support money to only one specific case?, 388-14A-5008 Can the noncustodial parent prepay support?, 388-14A-5050 When does DCS send a notice of intent to distribute support money?, 388-14A-5100 What kind of distribution notice does the Division of Child Support send?, 388-14A-5200 What is a "total versus total" notice?, 388-14A-5300 How does the Division of Child Support recover a support payment which has already been distributed?, 388-14A-5400 How does the Division of Child Support tell the custodial parent when they adjust the amount of debt owed on the case?, 388-14A-5500 How does the Division of Child Support collect support debts owed by someone other than a noncustodial parent?, 388-14A-5505 DCS uses a notice of retained support debt to claim a debt owed by a custodial parent, 388-14A-5510 How does DCS serve a notice of retained support?, 388-14A-5515 What happens if I don't respond to a notice of retained support or request a hearing?, 388-14A-5520 What happens if I make a timely objection to a notice of retained support?, 388-14A-5525 What happens at the hearing on a notice of retained support?, 388-14A-5530 Can I request a late hearing on a notice of retained support?, 388-14A-5535 How does DCS collect a debt established on a notice of retained support?, and 388-14A-5540 Can I just acknowledge that I owe money to the Division of Child Support?

     PART F - HEARINGS AND CONFERENCE BOARDS, WAC 388-14A-6000 Which statutes and regulations govern the Division of Child Support's hearing process?, 388-14A-6100 The Division of Child Support accepts oral requests for hearing or conference board, 388-14-6200 What are my hearing rights when the Division of Child Support takes collection action against my bank account?, 388-14A-6300 Duty of the administrative law judge in a hearing to determine the amount of a support obligation, 388-14A-6400 The Division of Child Support's grievance and dispute resolution method is called a conference board, 388-14A-6405 How to apply for a conference board, 388-14A-6410 Explanation of the conference board process, 388-14A-6415 Scope of authority of conference board chair defined, and 388-14A-6500 Can I use equitable estoppel as a defense in a hearing with the Division of Child Support?

     PART G - INTERSTATE ISSUES, WAC 388-14A-7100 An order from another state may be registered in Washington for enforcement or modification, and 388-14A-7200 DCS can serve notices in another state under the Uniform Interstate Family Support Act.

     PART H - MISCELLANEOUS PROVISIONS, WAC 388-14A-8100 Are there special rules for setting child support for children in foster care?, 388-14A-8105 Does the cost of care affect how much child support I pay when my child is in foster care?, 388-14A-8110 What happens to the money if current support is higher than the cost of care?, 388-14A-8120 Are there special rules for collection in foster care cases?, 388-14A-8200 All Washington employers must report new hires to the Washington state support registry, 388-14A-8300 Who pays for genetic testing when paternity is an issue?, 388-14A-8400 Does the Division of Child Support have the right to approve my child support order before the court enters it?, and 388-14A-8500 Can the Division of Child Support issue subpoenas?

Purpose: The Division of Child Support has reviewed its existing rules under the Governor's Executive Order 97-02; has repealed chapters 388-11, 388-13, and 388-14 WAC and replaced them with chapter 388-14A WAC.

Other Identifying Information: Revisions to text after filing of notice of proposed rule making.

Statutory Authority for Adoption: RCW 74.08.090.

Statute Being Implemented: RCW 74.08.090.

Summary: The Division of Child Support has reviewed all the rules in chapters 388-11, 388-13, and 388-14 WAC under the Governor's Executive Order 97-02. As part of the review, DCS intends to repeal those rules which are no longer needed, revise those which need to be revised for clarity and usability, and establish a new chapter 388-14A WAC, which will put all of the rules relating to the Division of Child Support into one chapter. This will entail repealing the entirety of chapters 388-11, 388-13, and 388-14 WAC. Certain of DCS's rules have been adopted under Executive Order 97-02 and will be renumbered but not otherwise revised. Shown above is a list of rules indicating which rules are being repealed, and a list of the new rules in chapter 388-14A WAC.

Reasons Supporting Proposal: EO 97-02.

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: This amendment gathers together in one chapter all the rules for the Washington state child support enforcement program.

Proposal Changes the Following Existing Rules: Repeals existing chapters 388-11, 388-13, and 388-14 WAC and replaces them with new 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 only [apply] to client medical or financial eligibility.

Hearing Location: Blake Office Building East, 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on January 3, 2001, at 10:00.

Assistance for Persons with Disabilities: Contact Kelly Cooper by December 26, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail CoopeKD@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6187, by January 3, 2001.

Date of Intended Adoption: No sooner than January 4, 2001.

October 14, 2000

Edith M. Rice, Chief

Office of Legal Affairs

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 00-23 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office