WSR 02-19-041

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 11, 2002, 8:21 a.m. ]

Date of Adoption: September 6, 2002.

Purpose: The Division of Employment and Assistance Programs is amending these rules to correspond with the Division of Child Support (DCS) rules in revised chapter 388-14A WAC.

Citation of Existing Rules Affected by this Order: Amending WAC 388-422-0005, 388-422-0010, 388-422-0020, and 388-422-0030.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Adopted under notice filed as WSR 02-15-147 on July 22, 2002.

Changes Other than Editing from Proposed to Adopted Version:
Rules as Proposed Changes (additions underlined, deletions struck through) to adopted version: Explanation of changes
WAC 388-422-0005 What happens to my child, spousal, and medical support when I get public assistance? Subsection (2), addition "or get" line 1. Clear language addition.
WAC 388-422-0005 Deletion "can" line 3. Clear language deletion requested by DCS.
WAC 388-422-0005 Deletion of word "must" "...as required under..." in first sentence. DCS prefers clearer language expressing the requirement of assignment. The additions and deletions clarify the meaning and effect of assigning support rights to the state.
Addition of "...current support and back support (also called "arrears") under ..." in first sentence.
Addition of second sentence "You permanently assign to the state your current support for the months you get assistance."
Addition of third sentence "Support for months before you begin receiving assistance is temporarily assigned to the state."
Deletion of words "There are two types of assignment that you make."
Addition of the words "For more information about permanently and temporarily assigned arrears support see: ..."
WAC 388-422-0005 Subsection (2)(a), deletion, "This is support owed to your but unpaid during any month in which you receive cash benefits. When collected, permanently assigned arrears are retained by the state for reimbursement of benefits paid. ...tells you more about permanently assigned arrears;" DCS prefers that DEAP refrain from explaining what are "Permanent Arrears."

CLS requests that the WAC reference remain.

WAC 388-422-0005 Subsection (2)(b), deletion, "This is support owed to you but unpaid during any month prior to you applying for cash benefits. When collected, temporarily assigned arrears may be either distributed to you or retained by the state, depending on various conditions. ...tells you more about temporarily assigned arrears." DCS prefers that DEAP refrain from explaining what are "Temporary Arrears."

CLS requests that the WAC reference remain.

WAC 388-422-0005 Subsection (3), deletion, "...do not have to assign your rights to support when you apply for or get benefits from the following programs: Pregnancy medical; newborn medical; medical assistance for children only; or family related alien emergency medical (AFM)." Subsection (3), deletion, DCS a wording change for clearer language and a medical WAC reference.
Subsection (3), addition "...assign your rights to medical support under WAC 388-505-0540 when you apply for or get benefits from the following: (a) Family medical; or (b) children's medical." Subsection (3), addition is DCS preferred language intended to clarify for which medical programs assignments are made.
WAC 388-422-0005 Subsection (4), deletion "...accept."

Subsection (4), addition "...get."

Clearer language for better client understanding.
WAC 388-422-0005 New subsection (5), "If you have a good reason (WAC 388-422-0020), DCS may not be able to establish or collect child support (WAC 388-14A-2060). Request by CLS and Washington State Coalition Against Domestic Violence for a reference to good cause in WAC 388-422-0005.
WAC 388-422-0005 Former subsection (5), becomes subsection (6), addition "...(WAC 388-450-0025)." WAC reference included for public.
WAC 388-422-0005 Subsection (6), addition "...under WAC 388-14A-2040(3)." DCS prefers WAC reference addition.
WAC 388-422-0005 Subsection (7), addition "...direct..." DCS prefers the word "direct" to be added for clarification.
Subsection (7), struck through "...you will owe this money to DCS." DCS prefers language change to clarify that assignment of child support is for TANF reimbursement and DCS may collect retained child support with WAC reference.
Subsection (7), addition "...DCS may collect this money from you (WAC 388-14A 5505)."
WAC 388-422-0010 Do I have to cooperate with the division of child support (DCS)? Subsection (1), deletion "...under WAC 388-14A-2040." DCS prefers clarifying of a good reason for not cooperating.

See above.

Subsection (1), addition "...to establish or collect child support, unless you have a good reason for not cooperating."
WAC 388-422-0010 Subsection (2), addition (new) "DCS defines what cooperating with them to establish or collect child support means in WAC 388-14A-2010." DCS requested section for clarification of "cooperating."
WAC 388-422-0010 Subsection (3), (was subsection (2)), addition "....if necessary." DCS requested addition helps clarify meaning.
WAC 388-422-0010 Subsection (5), (was subsection (4)), deletion "...cooperate with DCS without good cause under WAC 388-422-0020." DCS prefers language in "Addition" as more clear.
Subsection (5), (was subsection (4)), "...have a good reason for not cooperating with DCS. we:" DCS preferred see above.
WAC 388-422-0010 Subsection (6), (was subsection (5)), deletion "...cooperate with DCS without good cause, your medical will stop unless you are pregnant..." DCS prefers clearer language as changed to language in the "Addition."
Subsection (6), (was subsection (5)), addition "...do not have a good reason for not cooperating with DCS, your medical will stop unless you are pregnant..."
WAC 388-422-0010 Subsection (7), (was subsection (6)), deletion "...to cooperate with DCS, see WAC 388-422-0020.)" DCS prefers clarifying language as changed "Deletion subsection (7), becomes "Addition subsection (7), and include a change in WAC reference to DCS WAC.
Subsection (7), (was subsection (6)), addition "...that cooperating with DCS may be dangerous for you or a child in your care, see WAC 388-14A-2045 for a definition of what a good reason to not cooperate with DCS is. We also call this "good cause."
WAC 388-422-0020 What if I am afraid to cooperate with the division of child support (DCS)? Title change to "What if I am afraid that cooperating with the division of child support (DCS) may be dangerous for me or the child in my care?" DCS prefers WAC title change to clarify reason for not cooperating with them.
WAC 388-422-0020 Subsection (1), deletion "...ask to...cause." "...cause." DCS prefers language as changed.
Subsection (1), addition "...a...reason" "...reason...."
Subsection (1), deletion of (1)(a)(i) and (ii), subsection (1) (a) now reads: "Cooperating with DCS would result in serious physical or emotional harm to you or the child in your care." DEAP incorporates CLS and Washington State Coalition request wording for this section.
WAC 388-422-0020 Subsection (2), addition of new second sentence that reads as follows: "This information can include official records, sworn statements, or other information that supports your good cause claim." CLS and Washington State Coalition Against Domestic Violence request the addition of examples of what kinds of information can act as proof of good cause.
WAC 388-422-0020 Subsection (3), deletion "...will..." DCS prefers language changes for clarification.
Subsection (3), addition "...does..."
WAC 388-422-0020 Subsection (5), deletion of "...we review the claim at least every six months..." CLS and Washington State Coalition Against Domestic Violence prefer less definite time period language to accommodate those situations in which a good cause review is not conducted at six month intervals.
Subsection (5), addition of "…we periodically review the claim depending on your circumstances..."
WAC 388-422-0020 Subsection (6), (new) addition "To see what DCS does when good cause is approved see WAC 388-14A-2060." DCS asks for addition of new section clarifying DCS action when good cause is approved includes DCS WAC reference.
WAC 388-422-0030 What happens if my current support is more than my TANF or SFA cash benefit? Subsection (2), addition "You can read..." Clearer language.
WAC 388-422-0030 Subsection (3), new "You may be able to get continued food assistance benefits." DCS asks that DEAP add more information about other benefits clients may be able to get.
WAC 388-422-0030 Subsection (4), new "you can read WAC 388-310-0800 to see what kinds of support services you may be able to get." DCS asks that DEAP add more information about other benefits clients may be able to get.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, 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 4, 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 4, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

September 6, 2002

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3144.6
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-422-0005   ((Assignment of)) What happens to my child, spousal and medical support ((rights.)) when I get public assistance?   (1) ((To receive cash assistance under TANF, SFA, or GA-H, each client must assign to the state of Washington all rights to support for each person for whom the client is applying. This includes the rights to any support which has accrued before assignment is made. If a client fails to assign support rights for each person for whom assistance is requested, then cash assistance will be denied to the entire assistance unit.

(2) To receive medical assistance, each client must assign to the state of Washington all rights to medical support for each person for whom the client is applying. This includes the rights to any medical support which has accrued before assignment is made.

(3) Assignment is made when a client signs the application or accepts the cash or medical assistance.

(4) After assignment is made, a client must send any direct support they receive to the division of child support (DCS))) The following definitions apply to this chapter:

(a) "We" means the department of social and health services.

(b) "You" means a person applying for or getting benefits from us.

(c) "Benefits" mean family medical and related alien emergency medical (AEM), TANF or SFA cash assistance.

(d) "Support" means the money paid to meet a support order whether it is called child support, spousal support, alimony, maintenance, or medical support.

(e) "Medical support" means either or both:

(i) The set dollar amount for health care costs in a support order; or

(ii) Health insurance coverage for a dependent child.

(f) "Assistance unit" or "AU" means the group of people who live together and whose income and resources we count to decide your eligibility for benefits and the amount of those benefits.

(2) When you apply for TANF or SFA cash benefits, you assign your rights to current support and back support (also called "arrears") under WAC 388-14A-2036. You permanently assign to the state your current support for the months you get assistance. Support for months before you begin receiving assistance is temporarily assigned to the state. For more information about permanently and temporarily assigned support see:

(a) Permanently assigned arrears, WAC 388-14A-2037.

(b) Temporarily assigned arrears, WAC 388-14A-2038.

(3) You assign your rights to medical support under WAC 388-505-0540 when you apply for or get benefits from the following:

(a) Family medical; or

(b) Children's medical.

(4) You assign your rights to support when you sign the application for benefits, or when you get cash or medical benefits.

(5) If you have a good reason (WAC 388-422-0020) DCS may not be able to establish or collect child support (WAC 388-14A-2060).

(6) If you receive any support payments before you assign your rights to support, we count this as unearned income to your AU (WAC 388-450-0025).

(7) If you receive any direct support payments after you assign your rights to support, you must send the support payments to the division of child support (DCS) under WAC 388-14A-2040(3).

(8) If you keep any support payments you receive after you assign your rights to support, DCS may collect this money from you (WAC 388-14A-5505).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-422-0005, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0560.]


AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-422-0010   ((Cooperation)) Do I have to cooperate with the division of child support((.)) (DCS)?   (1) When ((applying for or receiving TANF, SFA, GA-H, or Medicaid, the following individuals must cooperate with the DCS in establishing paternity and collecting support as specified in WAC 388-14-201:

(a) All persons for whom benefits are applied for or received; and

(b) The caretaker relative or court-appointed guardian of a child for whom benefits are applied for or received.

(2) For TANF and SFA, if a caretaker relative fails to cooperate with DCS without good cause according to WAC 388-422-0020, the cash grant paid to the assistance unit will be reduced by twenty-five percent of what they would otherwise have received.

(3) For Medicaid, if a caretaker relative fails to cooperate with DCS without good cause according to WAC 388-422-0020, that individual will be denied medical assistance unless they are pregnant.

(4) Cooperation is determined by DCS.)) you get benefits, you must cooperate with DCS as required to establish or collect child support, unless you have a good reason for not cooperating.

(2) DCS defines what cooperating with them to establish or collect child support means in WAC 388-14A-2040.

(3) If you are a two-parent household, you and the other parent must help DCS establish paternity for each child in your AU, if necessary.

(4) DCS determines whether you are cooperating with them. See WAC 388-14A-2041(1) for reasons why DCS might determine that you are not cooperating.

(5) If you get TANF or SFA and do not have a good reason for not cooperating with DCS, we:

(a) Reduce your cash benefits by twenty-five percent; and

(b) Stop your medical benefits unless you are pregnant. The children in your AU will continue to get medical.

(6) If you get family medical and do not have a good reason for not cooperating with DCS, your medical will stop unless you are pregnant. The children in your AU will continue to get medical.

(7) If you are afraid that cooperating with DCS may be dangerous for you or a child in your care, see WAC 388-14A-2045 for a definition of what a good reason to not cooperate with DCS is. We also call this "good cause."

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-422-0010, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0560.]


AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-422-0020   ((Good cause for not cooperating)) What if you are afraid that cooperating with the division of child support((.)) (DCS) may be dangerous for you or the child in your care?   (1) ((An individual described under WAC 388-422-0010 is not required to cooperate with DCS if the department finds that cooperation is against the best interest of the child for whom child support is sought. A client has the right to claim good cause for refusing to cooperate and the department must determine if the claim is valid.

(2) Cooperation is against the best interest of the child and cash assistance can be continued when:

(a) The individual's cooperation can reasonably be anticipated to result in serious physical or emotional harm to:

(i) The child; or

(ii) The caretaker relative, if it reduces the caretaker relative's capacity to adequately care for the child; or

(b) Establishing paternity or securing support would be harmful to the child who:

(i) Was conceived as a result of incest or forcible rape; or

(ii) Is the subject of legal adoption proceedings pending before a superior court; or

(iii) Is the subject of ongoing discussions between the parent and a public or licensed child placement agency to decide whether the parent will keep the child or put the child up for adoption. The discussions cannot have gone on for more than three months.

(3) When cash assistance cannot be continued because a client's claim of good cause does not meet the standard in subsection (2) of this section, medical assistance may be able to be continued. The standard for good cause for medical assistance is broader in that good cause can be based solely on the best interests of the:

(a) Child as in subsection (2) of this section; or

(b) Person who is being asked to cooperate.

(4) A client has twenty days from the date good cause is claimed to provide information and evidence to support the claim, unless it cannot be obtained within such time.

(5) A client has the right to:

(a) Be informed of their right to claim good cause for refusing to cooperate;

(b) Receive a determination of their good cause claim within thirty days of the date the claim is made, as long as the necessary information and evidence was provided to the department within twenty days;

(c) Receive assistance without delay while their good cause claim is pending a determination, if they have provided supportive evidence and information;

(d) Receive information on their right to ask for a fair hearing if the department denies the claim of good cause; and

(6) Approved good cause claims will be reviewed at least every six months to determine if good cause continues to exist)) You can be excused from cooperating with DCS when you have a good reason. A good reason not to cooperate is also called good cause. You have a good reason when you can prove that:

(a) Cooperating with DCS would result in serious physical or emotional harm to you or the child in your care.

(b) Establishing paternity or getting support would be harmful to the child who:

(i) Was conceived as a result of incest or rape; or

(ii) Is the subject of legal adoption proceedings pending before a superior court; or

(iii) Is the subject of ongoing discussions between you and a public or licensed child placement agency to decide whether you will keep the child or put the child up for adoption. The discussions cannot have gone on for more than three months.

(2) Once you claim good cause, you have twenty days to give us the information that proves you have good cause not to cooperate with DCS. This information can include official records, sworn statements, or other information that supports your good cause claim. If you need to, you may ask for:

(a) More time to give proof; or

(b) Help in getting proof.

(3) While we review your good cause claim, DCS does not take any action to establish or enforce support on your case.

(4) You have the right to:

(a) Be told of your right to claim good cause for not cooperating with DCS;

(b) Get benefits while we are deciding your good cause claim, as long as you have given the proof needed to make a decision;

(c) Get a decision within thirty days from the date you made your good cause claim, as long as you have given the proof needed to make a decision within twenty days; and

(d) Get information about how to request a fair hearing if we deny your good cause claim.

(5) If we approve your good cause claim, we periodically review the claim depending on your circumstances.

(6) To see what DCS does when good cause is approved see WAC 388-14A-2060.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-422-0020, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0570 and 388-505-0560.]


AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-422-0030   ((Child)) What happens if my support ((in excess of the)) is more than my TANF ((grant payment.)) or SFA cash benefit?   ((A TANF recipient is ineligible when current child support collected by the division of child support exceeds the TANF grant payment for two-consecutive months)) (1) If DCS collects current support that is more than your TANF or SFA cash benefit for two months in a row, your cash benefit stops at the end of the third month.

(2) You can read WAC 388-418-0025 for information on continued medical benefits.

(3) You may be able to get continued food assistance benefits.

(4) You can read WAC 388-310-0800 to see what kinds of support services you may be able to get.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-422-0030, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office