SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Child Support)
Effective Date of Rule: February 26, 2011.
Purpose: The division of child support (DCS) is filing this sixth emergency rule in order to maintain the status quo as we await the rule-making hearing for the adoption of final rules. THESE RULES ARE EXACTLY THE SAME AS THE PRIOR EMERGENCY RULES ADOPTED AS WSR 10-22-049 AND EFFECTIVE ON OCTOBER 29, 2010. This sixth set of emergency rules takes effect on February 26, 2011, and is identical in every respect to the prior emergency rules filed as WSR 10-22-049. See below for more information. NOTE: As DCS files this emergency rule-making order, DCS is filing the CR-102, Notice of proposed rule making, to schedule the public rule-making hearing on the final rules. While the sixth emergency rules are exactly the same as the fifth emergency rules, DCS encourages all interested parties to review the rules proposed in the CR-102, because the proposed final rules differ from the emergency rules in several respects.
BASIS FOR ADOPTION OF EMERGENCY RULES: ESHB 1794 (chapter 84, Laws of 2009) and SHB 1845 (chapter 476, Laws of 2009) both had an effective date of October 1, 2009. Although DCS has begun the regular rule-making process to adopt rules under this bill, we were unable to complete the adoption process by the effective date. DCS continues the regular rule-making process and at the same time it files these emergency rules, DCS is filing the CR-102, Notice of proposed rule making, to schedule the public rule-making hearing.
In the 2009 legislative session, the Washington state legislature adopted ESHB 1794 (chapter 84, Laws of 2009), which makes changes to chapter 26.19 RCW, the Washington state child support schedule, based on recommendations of the 2007 child support schedule workgroup which was convened under 2SHB 1009 (chapter 313, Laws of 2007) and SHB 1845 (chapter 476, Laws of 2009), regarding medical support obligations in child support orders. Both of these bills had an effective date of October 1, 2009.
DCS filed emergency rules under WSR 09-20-030 in order to implement this legislation by October 1, 2009. DCS filed the second emergency rules, identical to the first, under WSR 10-04-037 with an effective date of January 28, 2010. The third emergency was filed under WSR 10-12-039, and was effective on May 26, 2010. The fourth emergency was filed under WSR 10-14-065, and was effective on July 1, 2010; that rule-making order removed certain sections (WAC 388-14A-5002, 388-14A-5003, 388-14A-5004, 388-14A-5005 and 388-14A-5006) in order to amend DCS rules regarding the distribution of collections from federal tax refund offset, and those sections were amended by emergency rule adopted under WSR 10-14-063, effective July 1, 2010. DCS again filed emergency rules under WSR 10-22-049; those rules were effective on October 29, 2010.
For a list of section numbers and titles in this sixth emergency filing, see Citation of existing rules below.
STATUS OF ADOPTION OF FINAL RULES: DCS began the regular rule-making process by filing a CR-101, Preproposal notice of inquiry, for each of the bills: The CR-101 for ESHB 1794 was filed as WSR 09-10-046, and the CR-101 for SHB 1845 was filed as WSR 09-14-075. Because both of the bills impact the establishment of child support obligations, DCS determined that it was necessary to adopt just one set of rules which covers both bills instead of two separate rule-making projects.
At the same time we file this CR-103E, DCS is filing the CR-102, Notice of proposed rule making. When published, the CR-102 will set the date for the public rule-making hearing on the final rules. DCS has done a significant amount of redrafting and revising the rules from the form in which they were first proposed, after consulting with DCS staff, stakeholders and other partners. Between the filing of the CR-102 and the public rule-making hearing, DCS will again work with DCS staff, stakeholders and other partners to incorporate more comments and feedback.
While the sixth emergency rules are exactly the same as the fifth emergency rules, DCS encourages all interested parties to review the rules proposed in the CR-102, because the proposed rules differ from the emergency rules in several respects. The proposed rules will be published with the CR-102, and will be available on the DSHS rule-making web site. Interested parties may request a copy of the proposed rules by contacting Nancy Koptur, DCS rules coordinator, at email@example.com or by calling her at (360) 664-5065.
Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-1020 What definitions apply to the rules
regarding child support enforcement?, 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-3140 What can happen at a hearing on a support
establishment notice?, 388-14A-3205 How does DCS calculate my
income?, 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-3312 The
division of child support serves a notice of support owed for
unreimbursed)) medical (( expenses)) support to establish a
fixed dollar amount owed under a child support order,
388-14A-3315 When DCS serves a notice of support debt (( or)),
notice of support owed (( or)), notice of support owed for
(( unreimbursed)) medical (( expenses)) support, we notify the
other party to the child support order, 388-14A-3317 What is
an annual review of a support order under RCW 26.23.110?,
388-14A-3318 What is an annual review of a notice of support
owed under WAC 388-14A-3312?, 388-14A-3320 What happens at a
hearing on a notice of support owed?, 388-14A-3400 Are there
limitations on how much of my income is available for child
support?, 388-14A-4100 How does the division of child support
enforce my obligation to provide health insurance for my
children?, 388-14A-4110 If my support order requires me to
provide (( health insurance)) medical support for my children,
what do I have to do?, 388-14A-4112 When does the division of
child support enforce a custodial parent's obligation to
provide (( health insurance coverage)) medical support?,
388-14A-4115 Can my support order reduce my support obligation
if I pay for health insurance?, 388-14A-4120 DCS uses the
National Medical Support Notice to enforce an obligation to
provide health insurance coverage, 388-14A-4165 What happens
when a noncustodial parent does not earn enough to pay child
support plus the health insurance premium?, 388-14A-4175 (( Is
an employer)) Who is required to notify the division of child
support when insurance coverage for the children ends?,
388-14A-4180 When must the division of child support
communicate with the DSHS health and recovery services
administration?, 388-14A-5007 If the paying parent has more
than one case, can DCS apply support money to only one
specific case?, 388-14A-6300 Duty of the administrative law
judge in a hearing to determine the amount of a support
obligation and 388-14A-8130 How does DCS complete the WSCSS
worksheets when setting a joint child support obligation when
the parents of a child in foster care are married and residing
together?; and new section WAC 388-14A-4111 When may DCS
decline a request to enforce a medical support obligation?
Statutory Authority for Adoption: RCW 26.09.105(17), 26.18.170(19), 26.23.050(8), 26.23.110(14), 34.05.020, 34.05.060, 34.05.220, 74.08.090, 74.20.040, 74.20A.055 (9) and (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: See Purpose above.
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 1, Amended 23, 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 1, Amended 23, 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 1, Amended 23, Repealed 0.
Date Adopted: February 25, 2011.
Katherine I. Vasquez
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 11-07 issue of the Register.