SOCIAL AND HEALTH SERVICES

(Economic Services Administration))

((Division of Child Support)

[Filed April 2, 2026, 2:31 p.m.]

Preproposal statement of inquiry was filed as WSR 26-04-080; and proposal is exempt under RCW 19.85.025(4).

Title of Rule and Other Identifying Information: The division of child support (DCS) proposes to amend WAC 388-14A-6200 What remedies are available to contest the division of child support's seizure of my bank account?, 388-14A-6205 What happens at a hearing on an objection to seizure of a bank account?, 388-14A-6210 What happens to the seized money once an objection is filed?, and other related sections as may be necessary to clarify administrative hearing rights available under WAC 388-14A-6200 when DCS has issued an order to withhold and deliver under RCW 74.20A.080 against a noncustodial parent's assets held in a financial account.

Hearing Location(s): On May 26, 2026, 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 earlier than May 27, 2026.

Submit Written Comments to: Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, beginning noon on April 22, 2026, by 5:00 p.m. on May 26, 2026.

Assistance for Persons with Disabilities: Contact Shelley Tencza, DSHS rules consultant, phone 360-664-6198, TTY 711 relay service, email Shelley.Tencza@dshs.wa.gov, by 5:00 p.m. on May 5, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: DCS seeks to alleviate confusion and ambiguity about the administrative remedies available to noncustodial parents and nonobligated joint account owners of record under WAC 388-14A-6200. WAC 388-14A-6200 states that an objection received by DCS within 20 days of the date DCS mailed the noncustodial parent's copy of the collection to their last known address is scheduled for an administrative hearing regarding ownership of the account and any exemptions to collection that may apply. The rule is silent about what happens when DCS receives the objection after the 20-day timely objection period has expired. Occasionally, that leads to inconsistent treatment of objections and inconsistent results.

Chapter 388-14A WAC is currently silent regarding an untimely or late objection to an order to withhold and deliver against a noncustodial parent's assets in a financial account. This is because of strict rules to which DCS must adhere regarding distribution and disbursement of child support collections. Normally, DCS must distribute child support collections within two business days of receipt. WAC 388-14A-5001 (2)(c) creates an exception to distribution when an action is pending before a court or agency that has jurisdiction over the issue to determine whether child support is owed or how DCS should distribute the collection. If DCS does not receive a timely objection under WAC 388-14A-6200, an action is no longer "pending" and DCS must distribute the funds to the noncustodial parent's case or cases when the timely objection period expires. In most cases, that means the money is disbursed to the family and is no longer in DCS's possession.

Most administrative law judges read the rule strictly and dismiss objections received by DCS after the 20-day timely objection period. Others hold a full hearing on the merits, and every once in a while, DCS is ordered to refund a collection that has already been correctly distributed and disbursed under WAC 388-14A-5001. When DCS must refund collections already disbursed, it creates a receivable that DCS must then collect back from the custodial parent.

Reasons Supporting Proposal: The proposed amendments clarify the remedies available when individuals object to an order to withhold and deliver under WAC 388-14A-6200, leading to uniform treatment of objections received after the 20-day timely objection period. They will all be treated as conference boards under WAC 388-14A-6400 through 388-14A-6415 instead of some of them treated as conference boards and others receiving a full hearing on the merits at the office of administrative hearings. The amendments also build into the WAC consideration of the requirement that DCS distribute seized funds to the noncustodial parent's case or cases if DCS does not receive a timely objection.

Statutory Authority for Adoption: RCW 26.23.035, 74.08.090, and 74.20A.310.

Statute Being Implemented: RCW 26.23.035, 74.20A.080, 74.20A.090, and 74.20A.120.

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, DCS 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

AMENDATORY SECTION(Amending WSR 01-24-079, filed 12/3/01, effective 1/3/02)

WAC 388-14A-6200What remedies are available to contest the division of child support's seizure of my bank account?

(1) If the division of child support (DCS) takes collection action against a bank account, safe deposit box, or other property held by a bank, credit union, or savings and loan (collectively, "the account"), the noncustodial parent (NCP) or the joint owner of record of the account may contest the action ((in a hearing)).

(2) The effective date of ((a hearing request or))an objection is the date DCS receives the request.

(3) The NCP or the joint owner must file the objection within ((twenty))20 days of the date DCS mailed a copy of the order to withhold and deliver to the NCP's last known address for the objection to be considered timely.

(4) The NCP or joint owner of record must state in the objection the facts supporting the allegation ((by the NCP or the joint owner)) that the account, or a portion of the account, is exempt from satisfaction of the NCP's child support obligation.

(5) If either the NCP or the joint owner of record ((objects))submits a timely objection to the collection action, DCS schedules a hearing solely for the purpose of determining whether ((or not)) one of the following exemptions applies to the account attached by the order to withhold and deliver:

(a) ((Pursuant to))Under RCW 26.16.200 and 74.20A.120, the property or funds in the community bank account, joint bank account, or safe deposit box, or a portion of the property or funds ((which))that can be identified as the earnings of the NCP's spouse who does not owe a support obligation to the NCP's child or children, are exempt from satisfaction of the child support obligation of the NCP((.));

(b) The funds in a bank account, or a portion of those funds can be identified as TANF, ((GA-U, GA-X,)) SSI benefits, or other kinds of funds ((which))that are legally exempt from collection action; or

(c) The funds or property attached by the order to withhold and deliver ((which))that can be identified as being solely owned by the joint owner of record of the bank account or safe deposit box who does not owe a child support obligation to the child or children of the NCP, are exempt from satisfaction of the NCP's child support obligation.

(6) If either the NCP or the joint owner of record submits an untimely or late objection to the collection action, the objection is treated as a request for a conference board under WAC 388-14A-6400 through 388-14A-6415.

AMENDATORY SECTION(Amending WSR 01-24-079, filed 12/3/01, effective 1/3/02)

WAC 388-14A-6205What happens at a hearing on an objection to seizure of a bank account?

(1) If either the noncustodial parent (NCP) or the joint owner of record ((objects))submits a timely objection to a division of child support (DCS) collection action against a bank account, DCS schedules a hearing solely for the purpose of determining whether ((or not)) one of the following exemptions applies to the funds in the bank account, or to the other property attached by the order to withhold and deliver:

(b) The funds in the bank account, or a portion of those funds can be identified as TANF, ((GA-U, GA-X,)) SSI benefits, or other kinds of funds ((which))that are legally exempt from collection action; or

(c) The funds or property attached by the order to withhold and deliver can be identified as being solely owned by the joint owner of record of the bank account or safe deposit box who does not owe a child support obligation to the child or children of the NCP and are exempt from satisfaction of the NCP's child support obligation.

(2) The person challenging the collection action has the burden of tracing the funds and proving the property or funds in the bank account, or property in a safe deposit box, are exempt from satisfaction of the NCP's child support obligation.

(3) The administrative law judge (ALJ) is limited to the determination of whether the funds in the bank account, or the other property attached by the order to withhold and deliver ((is)), are exempt from satisfaction of the NCP's child support obligation.

AMENDATORY SECTION(Amending WSR 01-24-079, filed 12/3/01, effective 1/3/02)

WAC 388-14A-6210What happens to the seized money once an objection is filed?

((The))(1) If the objection is timely, the division of child support (DCS) holds money or property withheld as a result of collection action taken against a bank account or safe deposit box and delivered to DCS at the time of an objection, pending the final administrative order or during any appeal to the courts.

(2) If DCS does not receive a timely objection, DCS distributes the seized money or property to the noncustodial parent's case or cases under WAC 388-14A-5000 through 388-14A-5008.

(3) If the objection is untimely or late, DCS holds the seized money or property still in its possession pending a conference board decision, after distribution of the funds required under WAC 388-14A-5000 through 388-14A-5008.