WSR 01-21-099

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed October 23, 2001, 8:18 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-13-047.

Title of Rule: Amending WAC 388-14A-4605 Whose picture can go on the division of child support's DCS most wanted Internet site?

Purpose: Currently the noncustodial parent must owe at least $10,000 in support debt to qualify for posting. Division of Child Support (DCS) is lowering that amount to $5,000 at the request of custodial parents.

Statutory Authority for Adoption: RCW 26.23.120(2), 74.08.090.

Statute Being Implemented: RCW 26.23.120(2), 74.08.090.

Summary: To reduce the amount of support debt required to qualify for posting on the most wanted Internet site.

Reasons Supporting Proposal: Customer request.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS Headquarters, P.O. Box 9162, Olympia, WA 98507-9162, (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: DCS is lowering the qualifying debt from $10,000 to $5,000.

Proposal Changes the Following Existing Rules: Amends WAC 388-14A-4605.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not have an economic impact on small businesses. It only affects individuals who have support obligations or individuals who are owed child support.

RCW 34.05.328 applies to this rule adoption. The rule does meet the definition of a significant legislative rule but DSHS/DCS is exempt from preparing further analysis under RCW 34.05.328 (5)(b)(vii).

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on November 27, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by November 23, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@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) 664-6185, by 5:00 p.m., November 27, 2001.

Date of Intended Adoption: No sooner than November 28, 2001.

October 17, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

2990.2
AMENDATORY SECTION(Amending WSR 01-03-089, filed 1/17/01, effective 2/17/01)

WAC 388-14A-4605   Whose picture can go on the division of child support's DCS most wanted Internet site?   (1) If the child's custodial parent (CP) requests DCS to post the NCP to the DCS most wanted Internet site (also called the "site"), the CP must:

(a) Give written permission to DCS to post the NCP on the site; and

(b) Provide a photograph of the NCP.

(2) Only the NCP's photograph appears on the site. If the CP submits a group photograph, DCS edits out everyone except the NCP.

(3) DCS may post an NCP to the site when:

(a) The NCP:

(i) Has made no payments in at least six months (intercepted IRS refunds are not considered to be payments for purposes of this section); and

(ii) Owes at least ((ten)) five thousand dollars in back child support((.)); or

(b) DCS has been unable to locate the NCP after trying other means for at least twelve months, and:

(i) There is a valid support order; or

(ii) There is a valid paternity affidavit filed for a child on the case, or

(iii) The NCP is:

(A) The mother of the child(ren) on the case; or

(B) The presumed father under RCW 26.26.040.

[Statutory Authority: RCW 74.08.090, 26.23.120(2). 01-03-089, 388-14A-4605, filed 1/17/01, effective 2/17/01. Formerly WAC 388-11-325.]

Washington State Code Reviser's Office