WSR 18-08-050 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed March 29, 2018, 2:12 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-23-102. Title of Rule and Other Identifying Information: The department is planning to amend WAC 388-14A-5007 If the paying parent has more than one case, can DCS apply support money to only one specific case?
The proposed amendment deals with distribution of support payments when a noncustodial parent (NCP) has more than one child support case, to allow the division of child support (DCS) to apply a payment in the manner specified by an Indian tribe, when the tribe sends money to DCS representing a tribal benefit received by an NCP who is a member of that tribe. DCS is proposing the amendment at the request of several tribes who wish to have payments applied in a manner consistent with tribal law or custom, or an order from the tribal court.
Note: The CR-101 Preproposal statement of inquiry filed as WSR 17-23-102 included an intent to clarify language concerning when DCS may apply money to a specific case when the allocation or distribution of funds is contained in a court order; at this time, DCS is not going forward with that part of the proposal. Hearing Location(s): On May 8, 2018, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2. Date of Intended Adoption: Not earlier than May 9, 2018. Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., May 8, 2018. Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by April 24, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Current rules in chapter 388-14A WAC set out the procedures for distribution of child support collections, and in particular WAC 388-14A-5007 sets out the requirements for distribution when the NCP has more than one case. Several Indian tribes in Washington have requested that DCS adopt rules allowing the tribe to specify that certain payments be applied in a manner consistent with tribal law or custom, or an order from the tribal court.
The proposed rule provides that, when an NCP has more than one case, a tribe may request that DCS apply a payment submitted by the tribe to one or more, but not all, or [of] NCP's cases when the tribe sends money to DCS representing a tribal benefit received by an NCP who is a member of that tribe. Reasons Supporting Proposal: WAC 388-14A-5000 through 388-14A-5015 contain the rules for the distribution of support collections by DCS. WAC 388-14A-5006 sets out the requirements for distribution when the NCP has more than one case. As a general rule, most support collections are distributed among the NCP's cases proportionally. However, WAC 388-14A-5007 sets out the conditions under which DCS can apply support collections to only one or more specific cases when such application would result in one or more of the NCP's cases not getting any part of the collection.
DCS proposes to add a new condition under which a collection may be distributed in a way that does not proportionally share the payment among all of an NCP's cases. Because of the sovereign nature of Indian tribes, DCS does not have the authority or ability to require a tribe to withhold funds that are payable from the tribe or a tribal business. However, a tribe may choose to withhold all or part of an NCP's tribal benefit for child support purposes. Depending on the tribal law or custom, or an order from the tribal court, the tribe may designate that funds withheld from a tribal benefit not be applied proportionately among all of the NCP's cases, but that the funds be applied only to one or more of the NCP's child support cases. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: DSHS, governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Nancy Koptur, DCS Rules Coordinator, DCS HQ, P.O. Box 9162, Olympia, WA 98507-9162, 360-664-5065. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. Although this rule may meet the definition of a significant legislative rule under RCW 34.05.328, the requirement for a cost-benefit analysis does not apply under RCW 34.05.328 (5)(b)(vii). This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(4).
Explanation of exemptions: This proposal does not affect small businesses. March 28, 2018 Katherine I. Vasquez Rules Coordinator
AMENDATORY SECTION (Amending WSR 11-12-006, filed 5/19/11, effective 6/19/11)
WAC 388-14A-5007 If the paying parent has more than one case, can DCS apply support money to only one specific case?
(1) The division of child support (DCS) applies amounts to a support debt owed for one family or household and distributes the amounts accordingly, rather than make a proportionate distribution between support debts owed to different families, when:
(a) Proportionate distribution is administratively inefficient; or
(b) The collection resulted from the sale or disposition of a specific piece of property against which a court awarded the custodial parent (CP) a judgment lien for child support; ((or))
(c) The collection is the result of a contempt order which provides that DCS must distribute the amounts to a particular case; or
(c) An Indian tribe has designated that funds withheld from a tribal benefit should not be applied to all of the cases of a particular noncustodial parent (NCP), but rather should be distributed based on a tribal court order, tribal law, or tribal custom.
(2) If the collection is the result of an automated enforcement of interstate (AEI) transaction under RCW 74.20A.188, DCS applies the payment as provided in WAC 388-14A-5006, even if the requesting state wants the payment applied to a specific case.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. |