WSR 20-01-046
(Economic Services Administration)
[Filed December 9, 2019, 9:37 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-17-092.
Title of Rule and Other Identifying Information: The department of social and health services (DSHS) division of child support (DCS) is proposing to amend WAC 388-14A-2200 When does DCS charge a twenty-five dollar annual fee on a child support case? and 388-14A-2205 How can a custodial parent be excused from payment of the annual fee?, due to a statutory change in the annual fee DCS collects in certain cases.
Hearing Location(s): On January 22, 2020, at 10:00 a.m., at Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at:
Date of Intended Adoption: Not earlier than January 23, 2020.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax 360-664-6185, by 5:00 p.m., January 22, 2019 [2020].
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email, by January 8, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Section 4 of ESHB 1916 (chapter 275, Laws of 2019) amended RCW 74.20.040, making two changes regarding the annual fee DCS imposes for each case in which support enforcement services are furnished where the person entitled to receive support has never received assistance under the temporary assistance to needy families, the aid for dependent families and children program, or a tribal temporary assistance for needy families program. The changes include the following: (1) The annual fee is increased from $25 to $35; and (2) the threshold amount that triggers the fee is increased from $500 during a fiscal year to $550 in collections.
Reasons Supporting Proposal: The amendment to the rules is necessary to implement changes in RCW 74.20.040, adopted due to federal requirements.
Statutory Authority for Adoption: RCW 43.20A.550, 74.04.055, 74.08.090, 74.20.040, 74.20A.310.
Statute Being Implemented: RCW 74.20.040.
Rule is necessary because of federal law, Section 53117 of P.L. 115-123.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: None.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Nancy Koptur, DCS Rules Coordinator, DCS Headquarters, 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.
December 5, 2019
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 08-12-029, filed 5/29/08, effective 7/1/08)
WAC 388-14A-2200When does DCS charge a ((twenty-five))thirty-five dollar annual fee on a child support case?
(1) Under RCW 74.20.040, the division of child support (DCS) must impose an annual fee of ((twenty-five))thirty-five dollars for each case in which:
(a) The custodial parent (CP) has never received TANF, Tribal TANF or AFDC as the custodian of minor children; and
(b) DCS has collected and disbursed to the CP at least five hundred and fifty dollars on the case during that federal fiscal year. The federal fiscal year runs from October 1 through September 30.
(2) A custodial parent who has children with more than one noncustodial parent (NCP) may be assessed a separate ((twenty-five))thirty-five dollar fee for each case in which DCS collects at least five hundred and fifty dollars in a federal fiscal year.
(3) If DCS has already collected the ((twenty-five))thirty-five dollar annual fee on a Washington state case and the CP begins receiving TANF or Tribal TANF during the same federal fiscal year, DCS is not required to refund or cancel the fee.
(4) If the CP with a Washington case has paid a fee to another state during the same federal fiscal year, the CP is still subject to the fee in Washington if the Washington case qualifies for a fee under subsection (1) above.
(5) A CP has the burden of proving prior receipt of TANF, Tribal TANF or AFDC in any jurisdiction, which would exempt the CP from paying the annual fee.
(a) DCS may impose the fee until the CP provides proof of prior receipt of TANF, Tribal TANF or AFDC.
(b) DCS does not refund any fee which has been retained by the state, but stops charging the fee immediately when the CP provides proof that the CP is not subject to the fee.
(6) The fee is retained from support payments collected, which means that the NCP gets credit against the child support obligation for the total amount of the payment.
AMENDATORY SECTION(Amending WSR 08-12-029, filed 5/29/08, effective 7/1/08)
WAC 388-14A-2205How can a custodial parent be excused from payment of the annual fee?
(1) WAC 388-14A-2200 describes the cases that qualify for the ((twenty five))thirty-five dollar annual fee.
(2) A custodial parent (CP) seeking to be excused from payment of the fee may provide proof that he or she is exempt from the fee because he or she received TANF, Tribal TANF or AFDC from another state or tribe.
(3) A CP may request a conference board under WAC 388-14A-6400 to request a waiver of the fee for hardship reasons. The CP must provide proof that hardship in the CP's household justifies waiver of the fee.
(4) Payment of the annual fee in another state does not excuse the CP from the annual fee charged for a Washington case.
(5) If the CP seeks a waiver from payment of the annual fee during a year when the fee has already been collected, the fee for that year is not refunded, but DCS waives collection of the fee for future years unless the waiver is overturned at a later time.