WSR 05-05-078



(Economic Services Administration)

[ Filed February 15, 2005, 3:39 p.m. ]

Subject of Possible Rule Making: The Division of Child Support (DCS) is amending WAC 388-14A-3102 and 388-14A-3120 to correct a date reference to clarify when, under the Uniform Parentage Act (UPA), chapter 26.26 RCW, an affidavit acknowledging paternity was sufficient to establish a binding determination of paternity.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 26.26.315, 26.26.320, 26.26.330, 26.26.335, 34.05.220(1), 74.08.090, 74.20A.055, 74.20A.056, and 74.20A.310.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 1997, the Washington legislature enacted a statute providing that an affidavit acknowledging paternity was sufficient to establish a binding determination of paternity, effective July 1, 1997. However, the new paternity acknowledgment forms were not available until August of 1997, so DCS used August 15, 1997, as the effective date for such filings. The UPA makes it clear that any acknowledgment filed after July 1, 1997, is subject to the provisions of the UPA. DCS now seeks to bring its rules and policies in line with existing Washington law and clarify that the effective date is July 1, 1997.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: DCS engages in modified collaborative rule making. Those persons wishing to participate in developing the new rules are encouraged to contact Nancy Koptur at the DSHS Division of Child Support (DCS) headquarters as soon as possible. DCS will post information regarding this rule development project and others on its website, which can be found at, or on the DSHS Economic Services Administration's policy review website, which can be found at DSHS/DCS encourages the public to take part in developing the rules. After the rules are drafted, DSHS will file a copy with the Office of the Code Reviser with a notice of proposed rule making, and will send a copy to everyone currently on the mailing list and to anyone else who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Nancy Koptur, DCS Rules Coordinator, Division of Child Support, P.O. Box 9162, Mailstop 45860, Olympia, WA 98507-9162, phone (360) 664-5065, e-mail, toll-free 1-800-457-6202, fax (360) 664-5055, TTY/TDD (360) 664-5011.

February 14, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office