SOCIAL AND HEALTH SERVICES

(Economic Services Administration))

((Division of Child Support)

[Filed August 28, 2025, 11:33 a.m.]

Preproposal statement of inquiry was filed as WSR 25-11-067; and proposal is exempt under RCW 19.85.025(4).

Title of Rule and Other Identifying Information: The division of child support (DCS) is amending chapter 388-14A WAC to implement section 1 of EHB 1014 (chapter 272, Laws of 2025), which takes effect January 1, 2026. DCS proposes to amend WAC 388-14A-1020, 388-14A-3400, 388-14A-3410, and other related sections as may be necessary.

Hearing Location(s): On October 21, 2025, at 10:00 a.m., virtually via Teams or call in. See the department of social and health services (DSHS) website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information.

Date of Intended Adoption: Not sooner than October 22, 2025.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, beginning noon on September 3, 2025, by 5:00 p.m. on October 21, 2025.

Assistance for Persons with Disabilities: Contact Shelley Tencza, DSHS rules consultant, phone 360-664-6036, TTY 711 relay service, email Shelley.Tencza@dshs.wa.gov, by 5:00 p.m. on October 7, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Section 1 of EHB 1014 amends RCW 26.19.065 to increase the self-support reserve from 125 percent of the one-person federal poverty guideline to 180 percent. Section 1 clarifies that all of the parents' children are entitled to a pro rata share of the parents' income after application of either the self-support reserve, the 45 percent limitation, or both. It further clarifies that although each child is entitled to a pro rata share of income available for child support, the court only applies the pro rata share to the children in the case before the court. DCS proposes amendments to WAC 388-14A-1020, 388-14A-3400, and 388-14A-3410 to reflect the change in how the self-support reserve is calculated, from 125 percent of the one-person federal poverty guideline to 180 percent. DCS makes additional amendments to WAC 388-14A-3400 to echo the clarifications in EHB 1014, section 1 regarding the pro rata share. Namely, all of the children are entitled to a pro rata share of the parents' income, and DCS and the office of administrative hearings only apply the pro rata share to the children in the order before them. This proposal will align administrative rules with RCW, which provides greater clarity for parties to child support cases and the general public. As needed, amendments will make additional changes to improve clarity, update policy, or better align rule language with state and federal law or regulations.

Reasons Supporting Proposal: This rule making is required to implement section 1 of EHB 1014 (chapter 272, Laws of 2025), which amends RCW 26.19.065.

Statutory Authority for Adoption: RCW 74.20.040, 74.20A.055, and 74.20A.310.

Statute Being Implemented: RCW 26.19.065.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: DSHS, economic services administration, DCS, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Monica Turnbaugh, Rules Coordinator, DCS Headquarters, P.O. Box 9162, Olympia, WA 98507-9162, 360-664-5339.

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. This rule is exempt under RCW 34.05.328 (5)(b)(vii), rules of the department of social and health services … concerning liability for care of dependents.

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).

Is exempt under RCW 34.05.328 (5)(b)(vii).

Explanation of exemptions: This rule is exempt under RCW 34.05.328 (5)(b)(vii), rules of the department of social and health services … concerning liability for care of dependents.

Scope of exemption for rule proposal:

Katherine I. Vasquez

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 25-19 issue of the Register.