WSR 12-11-083

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed May 17, 2012, 3:19 p.m. ]

Subject of Possible Rule Making: The division of child support (DCS) is adopting new sections and/or amendments, and repealing three sections, in chapter 388-14A WAC, to implement SSB 6386 (section 5, chapter 253, Laws of 2012) and the technical amendments contained in SHB 2828 (chapter 4, Laws of 2012). Both bills have an effective date of June 7, 2012. Families applying for a child care subsidy on or after June 7, 2012, will not be required to apply for DCS services as a condition of eligibility.

Statutes Authorizing the Agency to Adopt Rules on this Subject: SSB 6386 (section 5, chapter 253, Laws of 2012); SHB 2828 (chapter 4, Laws of 2012); RCW 34.05.220, 43.20A.550, 74.04.055, 74.08.090, 74.20.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SSB 6386 (section 5, chapter 253, Laws of 2012) and the technical amendments contained in SHB 2828 (chapter 4, Laws of 2012) repeal the provisions included in ESSB 5921 (sections 9, 10 and 11, chapter 42, Laws of 2011) which made application to DCS for child support enforcement services a condition of eligibility for a child care subsidy. This requirement is terminated effective June 7, 2012. Families applying for a child care subsidy on or after June 7, 2012, will not be required to apply for DCS services as a condition of eligibility.

DCS is starting the permanent rule adoption process by filing this preproposal statement of inquiry; at the same time, we are adopting emergency rules to implement these bills as of June 7, 2012.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of early learning (DEL) is also amending its rules to implement these bills. DCS, DEL and the DSHS community services division are coordinating the implementation process.

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/DCS headquarters as soon as possible. DCS will post information regarding this rule development project and others on its web site, which can be found at http://www.dshs.wa.gov/dcs/, or on the DSHS economic services administration's policy review web site, which can be found at https://fortress.wa.gov/dshs/f2ws03esaapps/extpolicy/. 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, DCS, P.O. Box 9162, Mailstop 45860, Olympia, WA 98507-9162, e-mail nkoptur@dshs.wa.gov or nancy.koptur@dshs.wa.gov, phone (360) 664-5065, toll-free 1-800-457-6202, fax (360) 664-5342, TTY/TDD (360) 664-5011.

May 17, 2012

Katherine I. Vasquez

Rules Coordinator

Rules and Policies Assistance Unit

Washington State Code Reviser's Office