reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2065 - Does the division of child support provide support enforcement services if the CSO decides I have "good cause level A"?

Current through Register Vol. 24-14, July 15, 2024
If the community services office (CSO) grants you good
					 cause level A:
(1) The division of
				  child support (DCS) closes the case and does not take any action to establish
				  or enforce support for the children covered by the good cause
				  finding.
(2) If the noncustodial
				  parent (NCP) applies for paternity establishment or support enforcement
				  services, DCS denies the NCP's application for services.
(3) If the community services office grants
				  good cause level A after the case has been referred to the county prosecuting
				  attorney or attorney general's office, DCS advises the prosecutor or attorney
				  general's office of the good cause finding.
(4) When DCS advises the prosecutor or
				  attorney general's office that good cause level A applies in a case, DCS
				  requests that the prosecutor or attorney general's office dismiss any action
				  that has been filed and cease all activities to establish or enforce a child
				  support obligation for the children covered by the good cause
				  finding.
Statutory Authority:
						RCW
						74.08.090,
						74.20A.310. 01-24-080, §
						388-14A-2065, filed 12/3/01, effective 1/3/02. Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-2065,
						filed 1/17/01, effective 2/17/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2070 - Does the division of child support provide support enforcement services if the CSO determines I have "good cause level B"?

Current through Register Vol. 24-14, July 15, 2024
If the community services office (CSO) grants you good
					 cause level B, the division of child support provides support enforcement
					 services without requiring the custodial parent (CP) to provide information or
					 cooperate with DCS in any way.
Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-2070,
						filed 1/17/01, effective 2/17/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2075 - What happens if the division of child support determines that I am not cooperating?

Current through Register Vol. 24-14, July 15, 2024
(1) When the
				  division of child support (DCS) or its representatives believe that a custodial
				  parent (CP) who receives cash assistance or medical assistance is not
				  cooperating as defined in WAC
				  388-14A-2040, DCS sends a notice
				  to the CP and to the community services division (CSD) about the
				  noncooperation.
(a) The notice contains the
				  following information:
(i) How the
				  noncooperation was determined, including what actions were required;
(ii) What actions the CP must take to resume
				  cooperation;
(iii) That this notice
				  was sent to CSD;
(iv) That the CP
				  may contact CSD immediately if the CP disagrees with the notice, needs help in
				  order to cooperate, or believes the actions required are unreasonable;
				  and
(v) That CSD may sanction the
				  CP by either reducing or terminating the grant.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2080 - Once DCS opens a support enforcement case, under what circumstances can it be closed?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  circumstances under which the division of child support (DCS) may close a case
				  depend on whether the application for services was made directly to DCS or to
				  another governmental entity.
(2)
				  WAC 388-14A-2081 discusses closure of
				  a case when one of the parties submitted an application for support enforcement
				  services directly to DCS, which includes when DCS opened the case as the result
				  of an application for public assistance in the state of Washington.
(3) WAC
				  388-14A-2083 discusses closure of
				  an intergovernmental case, which is what we call a case where the application
				  for services was made to the child support enforcement agency of another state,
				  tribe, territory, country or political subdivision thereof, which then
				  requested support enforcement services from DCS.
Statutory Authority:
						RCW
						26.23.120,
						43.20A.550,
						74.04.055,
						74.08.090,
						74.20.040(9),
						74.20A.310, and 45 C.F.R. Parts
						301.1, 302.35, 302.36, 303.3, 303.7, 303.11, 303.20, 305.63, 307.13, and 308.2.
						11-22-116, § 388-14A-2080, filed 11/2/11, effective 12/3/11. Statutory
						Authority:
						RCW
						 74.08.090,
						26.23.035,
						34.05.220(1),
						74.20A.310,  45 C.F.R. 303.11,
						45 C.F.R.
						303.100. 01-03-089, § 388-14A-2080,
						filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-420.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2081 - Under what circumstances can DCS close a case when the application for services was made directly to DCS?

Current through Register Vol. 24-14, July 15, 2024
When the application for services was made directly to the
					 division of child support (DCS) by one of the parties, including when DCS
					 opened the case as the result of an application for public assistance in the
					 state of Washington, the case must remain open unless DCS determines
					 that:
(1) There is no current support
				  order, and the support debt owed by the noncustodial parent (NCP) is less than
				  five hundred dollars, or cannot be enforced under Washington law;
(2) The NCP or putative (alleged) father is
				  dead with no assets, income or estate available for collection;
(3) The NCP has no assets or income available
				  for collection and is not able to provide support during the child's minority
				  because of being:
(a) Institutionalized in a
				  psychiatric facility;
(b)
				  Incarcerated without possibility of parole; or
(c) Medically verified as totally and
				  permanently disabled with no evidence of ability to provide support.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2083 - Under what circumstances can DCS close a case where the application for services was originally made to another state, tribe, territory or country, otherwise known as an intergovernmental case?

Current through Register Vol. 24-14, July 15, 2024
(1) When the application for services was
				  originally made by a party to the child support enforcement agency of another
				  state, tribe, territory, country or political subdivision thereof, which then
				  requested support enforcement services from the division of child support
				  (DCS), DCS keeps the case open until:
(a) The
				  state, tribe, territory, country or political subdivision that received the
				  application for services tells DCS that its case is closed.
(b) The state, tribe, territory, country or
				  political subdivision that received the application for services tells DCS that
				  it no longer wants DCS to provide services.
(c) DCS documents failure to cooperate by the
				  initiating jurisdiction, and that cooperation is essential for the next step in
				  enforcement.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2085 - Under what circumstances may DCS keep a support enforcement case open despite a request to close it?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The division of child support (DCS) may deny a request to close a support
				  enforcement case when:
(a) There is a current
				  assignment of support or medical rights on behalf of the children in the
				  case;
(b) There is accrued debt
				  under a support order which has been assigned to the state;
(c) Support or medical rights on behalf of
				  the children have previously been assigned to the state; or
(d) The person who requests closure is not
				  the recipient of support enforcement services.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2090 - Who receives notice when DCS closes a case?

Current through Register Vol. 24-14, July 15, 2024
(1) The reason for case closure determines
				  whether the division of child support (DCS):
(a) Sends a notice of intent to
				  close;
(b) Sends a notice of case
				  closure; or
(c) Notifies the other
				  jurisdiction.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2095 - What if I don't agree with the case closure notice?

Current through Register Vol. 24-14, July 15, 2024
(1) Only the person who applied for support
				  enforcement services, also known as the recipient of services, may request a
				  hearing to challenge closure of a case.
(2) If the recipient of services requests a
				  hearing, the other party may participate in the hearing.
(3) The closure of a child support case does
				  not stop the custodial parent or noncustodial parent from filing an application
				  for support enforcement services in the future, but the reason for closure may
				  affect whether the division of child support will open a new case.
Statutory Authority:
						RCW
						74.08.090,
						26.23.035,
						34.05.220(1),
						74.20A.310,  45 C.F.R. 303.11,
						45 C.F.R.
						303.100. 01-03-089, § 388-14A-2095,
						filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-423.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2097 - What happens to payments that come in after a case is closed?

Current through Register Vol. 24-14, July 15, 2024
After support enforcement services are terminated, the
					 division of child support (DCS) returns support money to the noncustodial
					 parent except if the case remains open as a payment services only (PSO) case as
					 described in WAC
					 388-14A-2000(1).
(2) If DCS, as the initiating jurisdiction in
				  an intergovernmental case, closed a case without notifying the responding
				  jurisdiction, DCS must attempt to locate the custodial parent (CP) and disburse
				  any payments the CP is entitled to receive.
Statutory Authority:
						RCW
						26.23.120,
						43.20A.550,
						74.04.055,
						74.08.090,
						74.20.040(9),
						74.20A.310, and 45 C.F.R. Parts
						301.1, 302.35, 302.36, 303.3, 303.7, 303.11, 303.20, 305.63, 307.13, and 308.2.
						11-22-116, § 388-14A-2097, filed 11/2/11, effective 12/3/11. Statutory
						Authority:
						RCW
						 74.08.090,
						26.23.035,
						34.05.220(1),
						74.20A.310,  45 C.F.R. 303.11,
						45 C.F.R.
						303.100. 01-03-089, § 388-14A-2097,
						filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-424.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2099 - When does DCS file a satisfaction of judgment with the superior court?

Current through Register Vol. 24-14, July 15, 2024
(1) When the
				  division of child support (DCS) determines that a support obligation,
				  established by order of a superior court of this state, has been satisfied or
				  is no longer legally enforceable, DCS sends a notice of its intent to file a
				  satisfaction of judgment to the last known address of the payee under the order
				  and to the noncustodial parent (NCP).
(2) DCS includes the following provisions in
				  the notice:
(a) A statement of the facts DCS
				  relied on in making the determination; and
(b) A statement that the payee has twenty
				  days from the date of the notice, to:
(i)
				  Object and request a conference board under WAC
				  388-14A-6400; or
(ii) Initiate an action to obtain a judgment
				  from the court that entered the order.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2105 - Basic confidentiality rules for the division of child support

Current through Register Vol. 24-14, July 15, 2024
(1) Under
				  RCW
				   26.23.120, all information and records,
				  concerning persons who owe a support obligation or for whom the division of
				  child support (DCS) provides support enforcement services, are private and
				  confidential.
(2) DCS discloses
				  information and records only to a person or entity listed in this section or in
				  RCW
				   26.23.120, and only for a specific purpose
				  allowed by state or federal law. See WAC
				  388-14A-7500 regarding disclosure
				  of personal information in the context of referrals under the Uniform
				  Interstate Family Support Act (UIFSA).
(3) DCS may disclose information to:
(a) The person who is the subject of the
				  information or records, unless the information or records are exempt under RCW
				   42.17.310;
(b) Local, state, and
				  federal government agencies for support enforcement and related
				  purposes;
(c) A party to a judicial
				  proceeding or a hearing under
				  chapter
				  34.05 RCW, if the superior
				  court judge or administrative law judge (ALJ) enters an order to disclose. The
				  judge or presiding officer must base the order on a written finding that the
				  need for the information outweighs any reason for maintaining privacy and
				  confidentiality;
(d) A party under
				  contract with DCS, including a federally recognized Indian tribe, if disclosure
				  is for support enforcement and related purposes;
(e) A person or entity, including a federally
				  recognized Indian tribe, when disclosure is necessary to the administration of
				  the child support program or the performance of DCS functions and duties under
				  state and federal law;
(f) A
				  person, representative, or entity if the person who is the subject of the
				  information and records consents, in writing, to disclosure;
(g) The office of administrative hearings or
				  the office of appeals for administration of the hearing process under
				  chapter
				  34.05 RCW. The ALJ or
				  review judge must:
(i) Not include the address
				  of either party in an administrative order, or disclose a party's address to
				  the other party;
(ii) State in
				  support orders that the address is known by the Washington state support
				  registry; and
(iii) Inform the
				  parties they may obtain the address by submitting a request for disclosure to
				  DCS under WAC
				  388-14A-2110(2).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2107 - Are there special rules for requests for whereabouts information?

Current through Register Vol. 24-14, July 15, 2024
(1) Address
				  information is sometimes referred to as whereabouts information, meaning
				  information giving someone's home, work, school or day care location.
(2) The last known address of, or employment
				  information about, a party to a court or administrative order for, or a
				  proceeding involving, child support may be given to another party to the order.
				  The party receiving the information may only use the information to establish,
				  enforce, or modify a support order.
(3) The last known address of the natural or
				  adoptive children may be given to a parent having a court order granting that
				  parent visitation rights with, legal custody of or residential time with, the
				  parent's natural or adoptive children. The parent may only use this information
				  to enforce the terms of the court order.
(4) The last known address of a party to an
				  order for child support may be given to another party to the order. The party
				  receiving the information may only use the information to establish a parenting
				  plan for the children covered by the support order.
(5) Disclosure of whereabouts information is
				  subject to the provisions of WAC
				  388-14A-2114.
(6) Requests from law enforcement agencies
				  are subject to the provisions of
				  RCW
				   74.04.062.
Statutory Authority:
						RCW
						26.23.120,
						74.08.090. 02-07-091, §
						388-14A-2107, filed 3/19/02, effective
						4/19/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2110 - How do I make a request for disclosure of DCS public records?

Current through Register Vol. 24-14, July 15, 2024
(1) You can make a
				  request for disclosure of most DCS records either orally or in writing. If you
				  are requesting whereabouts information, see subsection (2).
(2) You must submit a request for disclosure
				  of a parent or child's address in writing or in person, with satisfactory
				  evidence of identity, at any office of the division of child support (DCS).
(a) If the request is made by your attorney,
				  DCS may waive the provisions regarding submission in person with satisfactory
				  evidence of identity.
(b) If you
				  are unable to appear at a DCS office in person, DCS may waive the provision
				  requiring submission in person if you submit a notarized request for
				  disclosure. DCS can provide a form which contains all the required elements for
				  an address disclosure request.
(c)
				  The person seeking disclosure must attach the following to a request for
				  disclosure of an address:
(i) A copy of the
				  superior court order on which the request is based. DCS waives this provision
				  if DCS has a true copy of the order on file;
(ii) A sworn statement by the individual that
				  the order has not been modified; and
(iii) A statement explaining the purpose of
				  the request and how the requestor intends to use the information.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2112 - When I make a public disclosure request, do I get the information or records immediately?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  division of child support (DCS) must respond to a public disclosure request
				  within five days, under
				  RCW
				   26.23.120 and WAC
				  388-01-090.
(2) "Respond" can mean:
(a) Providing the requested
				  documents;
(b) Acknowledging
				  receipt of the request and giving an estimate of how long it will take to
				  provide copies;
(c) Requesting copy
				  and postage fees;
(d) Requesting
				  that you clarify your request if we are not sure what you are asking
				  for;
(e) Notifying you of any other
				  necessary procedural steps, such as notice to the other party or to a third
				  party; or
(f) Denying your request
				  according to WAC
				  388-01-090(3).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2114 - Does DCS give notice to anyone before releasing information pursuant to a public disclosure request?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Prior to disclosing the address of the custodial parent (CP) or a child, DCS
				  mails a notice to the last known address of the CP, except as provided under
				  WAC 388-14A-2115. The notice advises
				  the CP that:
(a) A request for disclosure has
				  been made;
(b) DCS intends to
				  disclose the address after thirty days from the date of the notice, unless:
(i) DCS receives a copy of an order which:
(A) Enjoins disclosure of the
				  address;
(B) Restricts the
				  noncustodial parent's right to contact or visit the CP or a child by imposing
				  conditions to protect the CP or the child from harm, including, but not limited
				  to, temporary orders for protection under
				  chapter
				  26.50 RCW; or
(C) States that the health, safety, or
				  liberty of the CP or child would be unreasonably put at risk by disclosure of
				  address or other identifying information; or
(ii) The CP requests an administrative
				  hearing which ultimately results in a decision that release of the address is
				  reasonably anticipated to result in harm to the CP or a dependent
				  child.
(c) In any
				  hearing under this section, either party may participate in the proceeding by
				  telephone, from any prearranged location. The administrative law judge (ALJ)
				  must not disclose the location and phone number.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2115 - Can the custodial parent waive notice of a request for address?

Current through Register Vol. 24-14, July 15, 2024
(1) Any party to a
				  support order may authorize the division of child support (DCS) to release his
				  or her address to the other party with no prior notice.
(2) An authorization to release an address
				  must be:
(a) In writing;
(b) Notarized; and
(c) Effective for any period designated by
				  the party up to three years, or until DCS is notified in writing that the party
				  has revoked the authorizations, whichever is sooner.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2116 - How do I request a support order summary from DCS?

Current through Register Vol. 24-14, July 15, 2024
(1) If you are a party to an administrative
				  support order, you may request a support order summary from the division of
				  child support (DCS). The support order summary includes the following
				  information:
(a) The noncustodial parent's
				  residential address, employer's address, Social Security number; date of birth,
				  and driver's license number; and
(b) The custodial parent's Social Security
				  number.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2120 - Can the noncustodial parent request notice before DCS releases address information to the custodial parent?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The notice and hearing process in WAC
				  388-14A-2114 and
				  388-14A-2140 do not apply to
				  requests for address information of the noncustodial parent (NCP).
(2) The NCP may request notice before
				  whereabouts info is released to the custodial parent by notifying the division
				  of child support (DCS), either orally or in writing.
(3) Once an NCP has submitted a request for
				  notice, DCS follows the notice and hearing provisions in WAC
				  388-14A-2114 and
				  388-14A-2140 when it receives a
				  request for address information.
Statutory Authority:
						RCW
						26.23.120,
						74.08.090. 02-07-091, §
						388-14A-2120, filed 3/19/02, effective 4/19/02; 01-03-089, § 388-14A-2120,
						filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-030 and
						388-14-050.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2125 - Can DCS ever release address information without notice?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS) does not follow the notice and hearing process of WAC
				  388-14A-2114 and
				  388-14A-2140 if:
(a) Disclosure is denied under WAC
				  388-14A-2135;
(b) The CP has provided a written release as
				  provided in WAC
				  388-14A-2115;
(c) The NCP has not filed a written request
				  as provided in WAC
				  388-14A-2120; or
(d) A court order requires DCS to release the
				  address information.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2130 - What if I object to the release of my address?

Current through Register Vol. 24-14, July 15, 2024
When a party objects to a notice mailed under WAC
					 388-14A-2114, the division of
					 child support may:
(1) Deny disclosure
				  if the objection provides information based on which DCS would have denied
				  disclosure under WAC
				  388-14A-2135; or
(2) Request that the office of administrative
				  hearings (OAH) set the case for an administrative hearing under WAC
				  388-14A-2140.
Statutory Authority:
						RCW
						26.23.120,
						74.08.090. 02-07-091, §
						388-14A-2130, filed 3/19/02, effective
						4/19/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2135 - When might DCS deny a request for address information without going through the notice and hearing process?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of child support (DCS)
				  denies a request for address information without going through the notice
				  process under WAC
				  388-14A-2114 if:
(a) The department has determined, under WAC
				  388-422-0020, that the custodial
				  parent (CP) has good cause for refusing to cooperate;
(b) The order, on which the request is based,
				  restricts or limits the address requesting party's right to contact or visit
				  the other party or the child by imposing conditions to protect the party or the
				  child from harm;
(c) An order has
				  been entered finding that the health, safety, or liberty of a party or child
				  would be unreasonably put at risk by the disclosure of the information;
				  or
(d) DCS has information which
				  gives DCS reason to believe that release of the address may result in physical
				  or emotional harm to the other party or to the children.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2140 - What happens at a hearing on objection to disclosure of address information?

Current through Register Vol. 24-14, July 15, 2024
In any administrative hearing requested under WAC
					 388-14A-2114(1)(b)(ii):
(1) The parent requesting address disclosure
				  and the other party to the order or action are independent parties in the
				  hearing.
(2) The office of
				  administrative hearings (OAH) sets the hearing as a phone hearing;
(3) Each party must provide OAH with a
				  telephone number where the party can be reached for the hearing, at some time
				  before the scheduled hearing.
(4)
				  The administrative law judge (ALJ) must not disclose the location or phone
				  number from which either party is appearing.
(5) The ALJ may, upon good cause shown,
				  convert the hearing to an in-person hearing for the party requesting
				  disclosure.
(6) The initial burden
				  of proof is on the party requesting address disclosure, to show that the
				  address request is for a purpose for which chapter 388-14A WAC specifically
				  permits disclosure.
(7) If the
				  party requesting address disclosure:
(a)
				  Fails to meet this burden, the ALJ enters an order denying the address
				  request;
(b) Establishes that the
				  address was requested for a purpose for which disclosure is permitted, the
				  other party must then show that it is reasonable to anticipate that physical or
				  emotional harm to the party or a child will result from release of the address.
				  The party objecting to address release:
(i)
				  May show reasonable fear of harm by any form of evidence admissible under
				  chapter
				  34.05 RCW; and
(ii) Is not required to provide supporting
				  evidence required by WAC
				  388-422-0020, to establish a
				  reasonable fear of harm.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2150 - How much does it cost to get copies of DCS records?

Current through Register Vol. 24-14, July 15, 2024
(1) WAC
				  388-01-080 authorizes the
				  division of child support (DCS) to charge copying and postage costs for
				  responses to public disclosure.
(2)
				  DCS charges fifteen cents per page for copies.
(3) DCS may waive copy fees in appropriate
				  circumstances.
Statutory Authority:
						RCW
						74.08.090,
						34.05.310(4)(d).
						03-20-072, § 388-14A-2150, filed 9/29/03, effective 10/30/03. Statutory
						Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-2150,
						filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-030.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2155 - Can I appeal a denial of public disclosure by the division of child support?

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				  division of child support (DCS) denies a request for public disclosure, you may
				  file an appeal with DCS Public Disclosure Appeals, P.O. Box 9162, Olympia WA
				  98507-9162.
(2) If DCS denies your
				  appeal, you may pursue the other options listed in WAC
				  388-01-130.
Statutory Authority:
						RCW
						74.08.090,
						34.05.310(4)(d).
						03-20-072, § 388-14A-2155, filed 9/29/03, effective 10/30/03. Statutory
						Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-2155,
						filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-030.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2160 - On what authority does DCS share my confidential information with a credit bureau?

Current through Register Vol. 24-14, July 15, 2024
(1) Under  42 USC §
											666(a)(7), the division of child support (DCS) may report to consumer
				  reporting agencies the name and identifying information of any noncustodial
				  parent (NCP) who is delinquent in support and the amount of overdue support
				  owed by that parent. Consumer reporting agencies are sometimes also called
				  credit bureaus.
(2) Once DCS has
				  reported an NCP to the credit bureaus, DCS updates the information on a regular
				  basis as long as DCS continues to enforce the support order, even after the NCP
				  brings the account current.
(3)
				  Before releasing information to the consumer reporting agency, DCS sends a
				  written notice to the NCP's last known address concerning the proposed release
				  of the information.
(4) The notice
				  gives the NCP ten days from the date of the notice to request a conference
				  board under WAC
				  388-14A-6400 to contest the
				  accuracy of the information. If the NCP requests a conference board, DCS does
				  not release the information until a conference board decision has been
				  issued.
(5) An NCP who disagrees
				  with the information supplied by DCS to a consumer reporting agency or credit
				  bureau may file a notice of dispute under the federal Fair Credit Reporting
				  Act, 15 USC
				  1681.
(6) DCS reports to credit bureaus according
				  to the requirements of federal IV-D program rules. In interstate or
				  intergovernmental cases, DCS may report:
(a)
				  As the responding jurisdiction; and
(b) As the initiating jurisdiction when the
				  responding jurisdiction does not report.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2200 - When does DCS charge a thirty-five dollar annual fee on a child support case?

Current through Register Vol. 24-14, July 15, 2024
(1) Under
				  RCW
				   74.20.040, the division of child support
				  (DCS) must impose an annual fee of 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.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2205 - How can a custodial parent be excused from payment of the annual fee?

Current through Register Vol. 24-14, July 15, 2024
(1) WAC
				  388-14A-2200
				  describes the cases that qualify for the 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.
Statutory Authority: 2007 c 143, §§ 1, 2, 3, 4,
						5, 7, 8, and 9. 08-12-029, § 388-14A-2205, filed 5/29/08, effective
						7/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part B - BASIC RULES FOR CHILD SUPPORT CASES › Section 388-14A-2210 - What is the procedure for service by certified mail due to COVID-19?

Current through Register Vol. 24-14, July 15, 2024
(1) The United
				  States Postal Service has made temporary changes to its certified mail
				  signature gathering procedures to limit direct contact with recipients. As long
				  as these special signature gathering procedures remain in effect, the division
				  of child support (DCS) will consider service by certified mail, return receipt
				  requested when required under chapter 388-14A WAC to be successful 10 days
				  after the following requirements are satisfied:
(a) The notice is sent by certified mail,
				  return receipt requested, with restricted delivery to the noncustodial or
				  custodial parent DCS is serving; and
(b) The postal service employee signs the
				  receipt on behalf of the individual taking delivery as required by current
				  postal service restricted delivery procedures.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3100 - How does the division of child support establish a child support obligation when there is no child support order?

Current through Register Vol. 24-14, July 15, 2024
(1) When there is no order setting the amount
				  of child support a noncustodial parent (NCP) should pay, the division of child
				  support (DCS) serves a support establishment notice on the NCP and the
				  custodial parent (CP). A support establishment notice is an administrative
				  notice that can become an enforceable order for support if nobody requests a
				  hearing on the notice.
(2) DCS may
				  serve a support establishment notice when there is no order that:
(a) Establishes the NCP's support obligation
				  for the child(ren) named in the notice; or
(b) Specifically relieves the NCP of a
				  support obligation for the child(ren) named in the notice.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3102 - When the parents have signed a paternity acknowledgment, which support establishment notice does the division of child support serve on the noncustodial parent?

Current through Register Vol. 24-14, July 15, 2024
(1) When the
				  parents of a child are not married, they may sign a paternity acknowledgment,
				  which may also be called an affidavit of paternity. The legal effect of the
				  acknowledgment or affidavit depends on when it is filed, in what state it is
				  filed, and whether both parents were over age eighteen when the acknowledgment
				  was signed.
(2) For acknowledgments
				  or affidavits filed on or before July 1, 1997 with the center for health
				  statistics in the state of Washington, the division of child support (DCS)
				  serves a notice and finding of parental responsibility (NFPR) under WAC
				  388-14A-3120.
(3) For acknowledgments or affidavits filed
				  after July 1, 1997 with the center for health statistics in the state of
				  Washington, DCS serves a notice and finding of financial responsibility (NFFR)
				  under WAC
				  388-14A-3115, because the
				  acknowledgment or affidavit has become a conclusive presumption of paternity
				  under RCW
				   26.26.320.
(4) For acknowledgments or affidavits filed
				  with the vital records agency of another state, DCS determines whether to serve
				  a NFFR or NFPR depending on the laws of the state where the acknowledgment is
				  filed.
(5) DCS relies on the
				  acknowledgment, even if the mother or father were not yet eighteen years of age
				  at the time they signed or filed the acknowledgment, as provided in
				  RCW
				   26.26.315(4).
(6) If, at the time of the child's birth, the
				  mother was married or in a state registered domestic partnership and the man
				  acknowledging paternity was not the mother's husband or domestic partner, DCS
				  may not serve an administrative support establishment notice on the
				  acknowledged father unless:
(a) The man to
				  whom the mother was married also signed and filed a denial of paternity;
				  or
(b) The mother's domestic
				  partner also signed and filed a denial of paternity.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3105 - How does the division of child support serve support establishment notices?

Current through Register Vol. 24-14, July 15, 2024
The division of child support (DCS) serves a notice and
					 finding of financial responsibility (NFFR), notice and finding of parental
					 responsibility (NFPR), or notice and finding of medical responsibility (NFMR)
					 in the following manner:
(1) On the
				  noncustodial parent:
(a) By certified mail,
				  return receipt requested; or
(b) By
				  personal service.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3110 - When can a support establishment notice become a final order?

Current through Register Vol. 24-14, July 15, 2024
(1) The notice and
				  finding of financial responsibility (NFFR), notice and finding of parental
				  responsibility (NFPR), or notice and finding of medical responsibility (NFMR)
				  becomes a final, enforceable order if neither the custodial parent or the
				  noncustodial parent objects and requests a timely hearing on the notice. An
				  objection is also called a hearing request.
(2) If a timely objection is filed, the
				  division of child support (DCS) cannot enforce the terms of the notice until a
				  final order as defined in this section is entered.
(3) To be timely, the noncustodial parent
				  must object within the following time limits:
(a) Within twenty days of service, if the
				  noncustodial parent was served in Washington state.
(b) Within sixty days of service, if the
				  noncustodial parent was served outside of Washington state.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3115 - The notice and finding of financial responsibility is used to set child support when paternity is not an issue

Current through Register Vol. 24-14, July 15, 2024
(1) A notice and finding of financial
				  responsibility (NFFR) is an administrative notice served by the division of
				  child support (DCS) that can become an enforceable order for support, pursuant
				  to RCW
				   74.20A.055.
(2) DCS may serve a NFFR when the
				  noncustodial parent (NCP) is a legal parent of the child, based on:
(a) The presumption arising from the
				  existence of a marriage or registered domestic partnership;
(b) The entry of a court order adjudicating
				  the parent-child relationship;
(c)
				  The entry of an adoption order;
(d)
				  The man's having signed and filed a paternity acknowledgment under
				  RCW
				   26.26.300 through
				  26.26.375, unless the
				  acknowledgment has been rescinded or successfully challenged; or
(e) The woman's being the biological mother
				  of, and having given birth to, the child.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3120 - The notice and finding of parental responsibility is used to set child support when the father's duty of support is based upon an affidavit of paternity which is not a conclusive presumption of paternity

Current through Register Vol. 24-14, July 15, 2024
(1) A notice and finding of parental
				  responsibility (NFPR) is an administrative notice served by the division of
				  child support (DCS) that can become an enforceable order for support, pursuant
				  to RCW
				   74.20A.056.
(2) The NFPR differs from a notice and
				  finding of financial responsibility (NFFR) (see WAC
				  388-14A-3115)  because the
				  parties may request genetic testing to contest paternity after being served
				  with a NFPR.
(3) DCS serves a NFPR
				  when:
(a) An affidavit acknowledging
				  paternity is on file with the center for health statistics and was filed before
				  July 1, 1997; or
(b) An affidavit
				  acknowledging paternity is on file with the vital records agency of another
				  state and the laws of that state allow the parents to withdraw the affidavit or
				  challenge paternity.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3125 - DCS may establish a medical support obligation when the custodial parent receiving medical assistance declines full child support enforcement services

Current through Register Vol. 24-14, July 15, 2024
(1) When a
				  custodial parent (CP) has requested medical support enforcement services only
				  and has asked in writing that the department not collect monetary child
				  support, the division of child support (DCS) serves either a notice and finding
				  of financial responsibility (NFFR) under
				  RCW
				   74.20A.055, or a notice and finding of
				  parental responsibility (NFPR) under
				  RCW
				   74.20A.056, as appropriate, on the
				  noncustodial parent (NCP) to establish an administrative support order that can
				  become an enforceable order for support to establish and enforce a health
				  insurance obligation.
(a) A NFFR or NFPR
				  served to establish an administrative support order that can become an
				  enforceable order for support to establish and enforce a health insurance
				  obligation is called a "medical support only" NFFR or NFPR.
(b) Prior to October 1, 2009, DCS used
				  another notice, called the notice and finding of medical responsibility (NFMR),
				  for this purpose.
(c) DCS uses the
				  medical support only NFFR or NFPR as of October 1, 2009.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3127 - How does DCS ask to add a monthly financial obligation to an existing administrative order for medical support only?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of child support (DCS) may
				  ask to add a monthly financial support obligation to an administrative child
				  support order for medical support only, if:
(a) The custodial parent who previously
				  requested medical support only services, files an application for full support
				  enforcement services; or
(b) A
				  child covered by the order receives public assistance.